11-04-2008 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
November 4, 2008
Mayor Lane called to order the regular meeting of the West Covina City Council at 7:14 p.m. in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Sanderson
ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez
Councilmembers Herfert, Sanderson, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present and prior to convening into
closed session, all items on the City Council agenda and
Community Development Commission (CDC) agenda were
announced for inclusion in the closed session discussion.
Items on the City Council Agenda:
Conference with Legal Counsel — Anticipated Litigation —
One potential case. Direction was provided to pursue mediation
with all members in consent with the exception of Mayor Pro Tem
Hernandez. (Hernandez — No).
Conference with Labor Negotiators — City Negotiator:
Pasmant, Alvarez-Glasman — Unrepresented employees: Police
Chief, Fire Chief — Council received a briefing but no final action
taken and nothing further to report.
Public Employee Appointment — Title: Deputy City
Manager- Direction provided with no final action and nothing
further to report.
Public Employee Performance Evaluation — City Manager
— Held over to future date.
Items on the CDC Agenda:
Conference with Real Property Negotiators - Property:
1321 W. Farlington St., 2708 E. Valley View Ave., 903 W. Crumley
St., 2660 Greenborough Pl., 1703 E. Shamwood St., 944 W. Blue
Ash Rd., 2048 E. Walnut Creek Pkwy., 112 N. Toland Ave., 1724
E. Almanac Dr., 2302 W. Willow Ln., 2660 Hillsborough Pl., 148
N. Morada Ave., 2049 Mesita Ave., 1308 Peppertree Cir., 1621 W.
Swanee Ln., 2410 W. Macdevitt St., 19210 La Puente. Rd., 1213 S.
Valinda Ave., 928 S. Craig Dr., 1513 Wailea St. — Not discussed
and held over to a future meeting.
Conference with Real Property — AAA Pad located
northeast corner of Azusa and Giambi Lane — Commissioner
Touhey recused himself due to a conflict regarding property close
to the location. Direction was provided to the Agency to return
with an Exclusive Negotiating Agreement consistent with the
terms expressed in closed session.
CHANGES TO THE AGENDA City Attorney Alvarez-Glasman stated that Agenda Item E-1 and
Item G-1, items pertaining to Overnight Parking Program, will be
brought forward after the Presentations portion of the agenda and
all comments would be heard together.
City Council Minutes of November 4, 2008
PRESENTATIONS Mayor Lane called forward Christine Ramirez to present a
Certificate of Recognition to the members of Extreme Dance FX
for their participation in "America's Got Talent."
Mayor Lane called forward William Bertrand,, Vine Elementary
Principal to accept a Certificate of Recognition for receiving an
outstanding school award.
Mayor Lane called forward Dr. Denise Patton, San Jose Edison
School Principal, to accept a Certificate of Recognition for
receiving a California Distinguished School award.
Items E-1 and G-1 Mayor Lane announced that Public Hearing Item E-1 and Item G-1
would be brought forward and considered together. Oral
communications on these two items would also be heard at this
time.
Public Hearing
E-1 Fees and Charges (Overnight Parking Permit Fee)
Parking Permit Fee To be considered in conjunction with the following report.
G-1 Ordinance for Adoption
Parking Restriction Ordinance Ordinance Amending the West Covina Municipal Code
Relating to Overnight Parking
Mayor Lane announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Lane proceeded to open the hearing. Public
Works Director Shannon Yauchzee gave a report on both the
proposed overnight parking ordinance and the associated fees. In
addition, he presented a PowerPoint presentation outlining the
benefits that overnight parking restrictions would provide to the
City and neighborhoods.
Police Chief Wills presented the perspective of the Police
Department and public safety benefits which included less auto
theft and burglary.
Councilmember Touhey inquired as to whether there would be
flexibility or exemptions for unique situations such as when the
depth of a driveway is not deep enough to park cars or the garage
faces an alley and has no driveway.
Yauchzee stated the ordinance was written allowing the
Public Works Director and Police Chief to implement details
through administrative policies.
Open TestimonX Mayor Lane proceeded to open the public testimony portion of the
hearing and asked for public comment.
In Favor The following residents spoke in support or were neutral. Several
reasons for support included: Improved emergency response time
without cars blocking street numbers on curbs; eliminate
abandoned cars; help in the elimination of crime, car burglaries
and auto thefts; help reduce the number of garage conversions by
cars utilizing their garages.
• Colleen Moore, West Covina resident, support
• Jerry Graham, West Covina resident, support
• Pete Davis, West Covina resident, support, but not if it will cost
the resident during these difficult economic times.
• Birdie Azpetia, West Covina resident, support
• Ed Scheidler, West Covina resident, support
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City Council Minutes of November 4, 2008
• Mike Miller, West Covina resident, neutral, provided
alternatives such as no parking on street sweeping day and
stated City needs to address illegal garage conversions
• David Casper, West Covina resident, support
• Scott Fahey, representing West Covina Police Officers' Assoc.,
support
• Frank Ferrero, West Covina resident, support
• Sharon Leonard, West Covina resident, support
• Patricia Stevens, West Covina resident, support
• Susan Rogers, West Covina resident, neutral, inquired as to
whether there would be limits on number of permits per house
• Lloyd Johnson, West Covina resident, support
• Cookie Nance, West Covina resident, support
• Bruce Leinbach, West Covina resident, neutral, addressed
several issues within West Covina
• Edwin Molina, West Covina resident, support
• Glenn Kennedy, West Covina resident, support
• Jeff Aligam, West Covina resident, support
Opposed The following West Covina residents spoke in opposition to the
overnight parking restrictions citing that there is not enough off
street parking for apartments and complexes; tough economic time
for permit fees; ordinance is invasive to personal property; and is
not the answer in eliminating illegal garage conversions. Residents
in opposition stated that the issues of those in support [illegal
garage conversion and abandoned cars] are issues due to lack of
code enforcement and a few residents felt the issue should be voted
on by the residents. Several residents stated that there was not
enough proper notice for tonight's meeting.
• Joanne Wilner, West Covina resident, opposed
• Dana Sykes, West Covina resident, opposed
• Jeffrey Howell, West Covina resident, opposed
• Robert Blades, West Covina resident, opposed
• Gail Owens, West Covina resident, opposed
• Robert Agee, West Covina resident, opposed
• Angie Herrera, West Covina, opposed
• Joseph Espedal, West Covina resident, opposed
• Norma Ingram, West Covina resident, opposed
• Jose Gutierrez, West Covina resident, opposed
• Oscar Morales, West Covina resident, opposed
• James Fowler, West Covina resident, opposed
• Lourdes Fowler, West Covina resident, opposed
Councilmember Sanderson left the meeting at 8:50 p.m.
Councilmember Herfert left the dais at 8:51 p.m.
RECESS Mayor Lane recessed the City Council meeting at 8:52 p.m. The
City Council meeting reconvened at 9:04 p.m. with all members
present with the exception of Councilmember Sanderson who had
left the meeting for the evening.
Oral communications continued with the following speaking in
opposition.
• Phillip Moreno, West Covina resident, opposed
• George Ware, West Covina resident; opposed
• Jose Victoria, West Covina resident, opposed
• Robert Chavez, West Covina resident, opposed
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City,Council Minutes of November 4, 2008
• Jim Moroson, West Covina resident, opposed
• Sharon Jaime, West Covina resident, opposed
• Hal Heydenfeldt, West Covina resident, opposed
• Michael Iweshita, West Covina resident, opposed
• Rebecca Altamirano, West Covina resident, opposed
• Frank Skislock, West Covina resident, opposed
• Mark Koch, West Covina resident, opposed
• Raphael Martinez, West Covina resident, opposed
• Jefferson DeRoux, West Covina resident, opposed
• Robert Steele, West Covina resident, opposed
• William Elliott, West Covina resident, opposed
Due to the late hour, Mayor Pro Tern Hernandez stated it was clear
that the residents were opposed to the ordinance and the fees, and
proposed to make a motion to cease the public hearing and vote
down the ordinance adoption relating to overnight parking and
related fees.
Councilmember Touhey stated the matter is a public hearing and
that all residents who wished to speak on the matter should be
given an opportunity to do so.
The City Attorney stated that the Council had the authority to stop
the public hearing and entertain the motion proposed by Mayor Pro
Tern Hernandez.
Following a poll of the remaining individuals who filled out
speaker cards, Mayor Lane proceeded with the public hearing and
oral communications continued with the following speaking in
opposition.
Dan Fuentes, West Covina resident, opposed
Jim Grivich; West Covina resident, opposed
Richard Mares, West Covina resident, opposed
Richard Pandy, West Covina resident, opposed
George Lozynsky, West Covina resident, opposed
Brad McFadden, West Covina resident, opposed
Gregory McFadden, West Covina resident, opposed
Peter Garra, West Covina resident, opposed
Ann Olivera, West Covina resident, opposed
Fred Sykes, West Covina resident, opposed
Jerry McElvain, West Covina resident
City Attorney Alvarez-Glasman reported that the City Clerk and
city staff received written communications that will be entered into
the record showing 9 in opposition, 4 neutral, and 8 in favor.
Motion Mayor Pro Tern Hernandez reiterated his motion to disapprove
Item E-1, resolution setting fees, and G-1, ordinance relating to
overnight parking restrictions.
Councilmember Herfert stated the purpose of the proposed
ordinance was to reduce crime and had previously been reviewed
by the traffic committee and police department. After hearing
input from the residents Councilmember Herfert stated he would
not move forward.
Councilmember Touhey and Mayor Lane also stated they would
not support moving forward with the overnight parking
restrictions.
The following actions were taken.
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City Council Minutes of November 4, 2008
G-1 Motion by Hernandez and seconded by Herfert to deny the
ordinance related to overnight parking
ORDINANCE NO. 2182 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 22-175 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO OVERNIGHT PARKING
RESTRICTIONS IN LIMITED AREAS
Ordinance failed by a vote of 0-4.
E-1 RESOLUTION NO. 2008-69 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING CERTAIN FEES (OVERNIGHT PARKING PERMIT
FEE)
Resolution failed by a vote of 0-4.
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Minutes • Regular Meeting of June 17, 2008
Commission Summary of Actions (receive & file)
D-2a • Human Resources 09/10/08
Summary of Actions • Planning 10/14/08
Ordinance for Adoption
Ordinance Amending Noise Ordinance Violations and Imposing
D-3a Administrative Penalties
Ordinance No. 2181 Recommendation is that the City Council adopt the following
ordinance:
ORDINANCE NO. 2181 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING WEST COVINA MUNICIPAL CODE SECTIONS
15-85 AND 15-94 RELATING TO THE REGULATION OF
NOISE
Award of Bid
D-4 Personal Protective Equipment — Award of Purchase
Protective Equipment Purchase Recommendation is that the City Council take the following
actions:
1. Approve an award of purchase for fifteen (15) sets of Personal
Protective Equipment (PPE) from Fisher Scientific Company
for a total cost of $28,115.85 based on pricing awarded at the
January 15, 2008, City Council meeting.
2. Approve future PPE purchases from Fisher Scientific Company
based on the formal contract established by the City of
Glendale and extended through September 2009. Prices for
additional purchases will increase five percent (5%) over the
2008 prices. Future PPE expenditures will not exceed the
amount budgeted for PPE replacement each year.
D-5 Traffic Committee Minutes of October 21, 2008 (accept & file)
Traffic Committee Minutes I. Carol Campo, West Covina resident
That speed humps be installed along Forecastle Avenue
between La Puente Road and Pinefalls Drive.
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City Council Minutes of November 4, 2008
D-6
Treasurer's Report
Traffic Committee Recommendation:
That speed humps be installed along Forecastle Avenue
between La Puente Road and Pinefalls Drive with the
appropriate warning signs.
City Treasurer's Report (receive & file)
Report for the Month of September 2008
D-7a Miscellaneous — City Manager's Office
Blue Star Banner Program Blue Star Street Banner Program
Recommendation is that the City Council:
1. Gift the Blue Star Banner to residents once their family
member leaves the armed forces, and
2. Establish a Blue Star Street Banner Fund to receive donations
from residents or businesses to assist in the cost of the Blue
Star Street Banner Fund.
Miscellaneous — Community Services
Mid -Valley Corridor Transportation Corridor Feasibility Study,
D-7b Request for Appropriation
Transportation Feasibility Study Recommendation is that the City Council appropriate up to
$15,000 from Proposition A Funds, Account 121.51..51 xx.xxxx to
subsidize the joint Mid -Valley Transportation Corridor Feasibility
Study.
D-7c Miscellaneous — Public Works Department
MD 4 — Public Meeting Landscape Maintenance District No. 4 — Public Meeting
Recommendation is that the City Council receive and file this
report.
D-8 AB1234 Conference and Meeting Report
Conference & Meeting Report International Economic Development Council
Recommendation is that the City Council receive and file this
report.
CONSENT CALENDAR ACTION Motion by Herfert and second by Touhey to waive further reading
of the ordinance and adopt, and approve all items on the consent
calendar.
Motion carried 4 — 0.
PUBLIC HEARINGS
Public Hearing
E-1 Fees and Charges (Overnight Parking Permit Fee)
Parking Pen -nit Fee This item was considered at the beginning of the meeting following
Presentations.
Appeal Hearing
Appeal of Planning Commission Approval of Conditional
Use Permit No. 07-012, Administrative Use Permit No. 07-27,
and Planning Director's Modification No. 07-18
Applicant: Juan Corona
E-2 Appellant: Ronald J. Lauciello
Corona Bar & Grill Appeal Location: 232 S.'Glendora Avenue
Motion by Touhey and second by Herfert to open the public
hearing and continue this hearing to the December 2, 2008 City
Council meeting.
Motion carried by 4 — 0.
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City Council Minutes of November 4, 2008
COMMUNITY DEVELOPMENT COMMISSION
Mayor Lane recessed the City Council meeting at 10:47 p.m. to
convene the CDC. The City Council reconvened at 10:48 p.m.
with all members present except Councilmember Sanderson.
DEPARTMENTAL MATTERS
Public Works Department
Ordinance for Adoption
Ordinance Amending the West Covina Municipal Code
G-1 Relating to Overnight Parking
Ordinance — Overnight Parking This item was moved forward to be discussed in conjunction with
Item E-1.
Motion by Touhey and seconded by Herfert to continue the
following items to the December 2, 2008 meeting:
Finance Department
G-2 2007-08 and 2008-09 Fiscal Years Budget Update
Budget Update Continued to December 2, 2008.
City Manager's Office
G-3 Electronic Waste Collection and Recycling Services
Electronic Waste/Recycling Continued to December 2, 2008.
Police Department
G-4 Towing Services Contract
Towing Contract Continued to December 2, 2008.
COUNCILMEMBER COMMENTS
ADJOURNMENT
Sub ted by:
Assistant.CH-Clerk
Mayor Lane adjourned the meeting at 10:49 p.m.
Susan Rush
Mayor Sherri Lane
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