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12-02-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 2, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:03 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Kelly Dupe& Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Hernandez, Councilmembers Herfert, Lane, Touhey Absent: Councilmember Sanderson REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present except Councilmember Sanderson and prior to convening into closed session, all items on the City Council agenda and the 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 Case - Not discussed and held over to a future meeting. Items on the CDC Agenda: Conference with Real Property Negotiators — Property: 610 S. St Malo St., 619 N. Toland Ave., 339 S. Grand Ave., 215 S. Grand Ave., 1323 S. Evanwood Ave., 17012 E. Alwood St., 1414 E. Idahome St., 2655 Greenbriar Pl., 148 N Morada Ave., 1724 S. Conlon Ave., 112 N. Toland Ave., 1329 E. Mc Wood St., 1213 S. Valinda Ave., 1621 W. Swanee Ln., 932 Las Rosas Dr., 1725 Gemini St., 2049 Mesita Ave., 2302 W. Willow Ln., 1513 Wailea St., 3531 E. Cortez St. — No action taken, there is no desire by the City Council for acquisition of any of the properties. CHANGES TO THE AGENDA No changes. ORAL COMMUNICATIONS Bill Salazar Bill Salazar, West Covina resident, representing Royal Coach Towing, asked the council to consider their proposal and the benefits of their service to the City. Mandy Huang Mandy Huang, West Covina resident, promoted the Chinese New Year event at the Divine Performing Arts in Pasadena. Ken Salazar Ken Salazar, spoke in support of Royal Coach Towing and their record of quality service. Peter J. Albano Peter J. Albano, Patriot Protection Svcs., spoke in support of the contract with Royal Coaches. Herb Redholtz Herb Redholtz, West Covina resident, spoke in support of Royal Coach Towing. City Council Minutes of December 2, 2008 Lloyd Johnson Lloyd Johnson, West Covina resident, supported the contract with Royal Coaches Towing. Cookie Nance Cookie Nance, West Covina resident, spoke in support of changing the commission meetings to every other month instead of monthly [Agenda Item G-1] due to the lack of business on the agendas. Rudy Valles Rudy Valles, West Covina resident, also spoke in support of Royal Coaches Towing. Fred Sykes Fred Sykes, West Covina resident, supported the extension of the Tow Contract with Royal Coaches; requested that all options to broadcast meetings via the internet be considered; suggested changing the Human Resources and Senior Citizens Commission meeting dates but to keep the Community Services Commission monthly meetings. Elsie Messman Elsie Messman, West Covina resident, thanked Councilmember Sherri Lane and congratulated Mayor Roger Hernandez; asked council to keep personalities out of the meetings; addressed response letter from the city manager regarding the petition opposing the removal of broadcasting; addressed lack of media highlighting of Shadow Oak Park and other events; stated the need to bring back meetings on cable and internet. Sherri Berillon Sherri Berillon, West Covina resident, spoke in support of the contract extension with Royal Coaches and highlighted their community involvement and contributions. Jack Martin Jack Martin, Covina resident, spoke in support of Royal Coaches Towing. Dana Sykes Dana Sykes, West Covina resident, supported Royal Coaches Towing; Mayor Hernandez' request for cable and internet program; addressed E-2 - Orange Ave project — stated that the project does not fit the neighborhood being too dense. Oscar Morales Oscar Morales, West Covina resident, spoke regarding Corona Grill Restaurant [Item C-1] opposing lighting and loud music. Taz Albadawi Taz Albadawi, Rowland Heights resident, representing the family business Bob's Towing, stated they would like the opportunity to serve the city. Wayne Blake Wayne Blake, of Bob's Towing, spoke in behalf of Bob's Towing requesting Council's consideration of their contract and spoke of the need for two companies to service the city. Gary Lawson Gary Lawson, representing Chamber of Commerce, applauded Royal Coaches' contributions to the community and supported the contract extension. William Medina William Medina, West Covina resident, also supports Royal Coaches Towing. Bruce Leinbach Bruce Leinbach, West Covina resident, spoke in support of West Covina High School football team; supported Royal Coaches Towing; stated the city needs to revisit broadcasting of council meetings. 2 City Council Minutes of December 2, 2008 Manuel Moreno Manuel Moreno, West Covina resident and field supervisor for Royal Coaches, spoke in support of Royal Coaches and thanked council for consideration of the contract extension. Shirley Buchanan Shirley Buchanan, West Covina resident, stated her support of the Mayor's request to establish an internship program to reinstate the broadcasting of council meetings. Adam Martinez Adam Martinez, West Covina resident, spoke in support of Royal Coaches; thanked the Salazar family for the opportunities provided to his family and shared some of the benefits provided by the Salazar family to both the community and to his family. Khanh Bach Khanh Bach, So El Monte, introduced himself as a certified electronic waste collector and hauler in California and stated that he would like to be considered for future e-waste events. Jose Gutierrez Jose Gutierrez, West Covina resident and local business owner, spoke in support of Royal Coaches and their services. Alfred Williams Alfred Williams, West Covina resident, submitted a CD of a meeting to the clerk; addressed budget issues and expressed his dissatisfaction of Councilmembers Touhey and Herfert's comments; addressed items listed in the budget update report. Glenn Kennedy Glenn Kennedy, West Covina resident, spoke in support of the Royal Coaches contract extension stating it is the best deal for the city; invited the council and audience to support him playing baseball at Big League Dreams Assistant City Clerk Rush read in the record communication by Joanne Wilner regarding items in the budget update report [Item C- 20. Carol Rambaugh Carol Rambaugh, West Covina resident, spoke in support of Royal Coaches. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS None. PUBLIC HEARINGS Appeal Hearing Appeal of Planning Commission Approval of Conditional Use Permit No. 07-12, Administrative Use Permit No. 07-27, and Planning Director's Modification No. 07-18 Applicant: Juan Corona C-1 Appellant: Ronald J. Lauciello Corona Grill Appeal Location: 232 South Glendora Avenue (Corona Grill) Mayor Hernandez announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez proceeded to open the hearing and Acting City Planner Jeff Anderson presented the staff report with details of the request and the project. Public Testimony Mayor Hernandez proceeded to open the public testimony portion of the hearing and asked for public comment in favor of the appeal. In Favor (supporting appeal) Ron Luciello, appellant and owner of apartments behind the restaurant is in opposition due to the loud music from the restaurant that would be heard by the residents in his apartment building. 3 City Council Minutes of December 2, 2008 Akhela Williams, West Covina resident and apartment tenant, is in favor of the appeal; concerned with the recent publication of the loud noise ordinance adopted by the city and conversely allowing loud noise by this establishment and concerned with safety issues with people who frequent such establishments and consume alcohol. Carol Rambaugh, West Covina resident, spoke in opposition to nightclub activities in West Covina. In Opposition Royall Brown, West Covina resident, stated the area is already utilized for Summer Concert entertainment purposes and protest is without substance and supports the project proposal. Tony Carrillo, representative of Corona Grill, stated the project has no intention of establishing a nightclub atmosphere, but that of a restaurant and banquet facility. Rebuttal Ronald Lauciello, appellant, stated that the level of music from upstairs will increase and it will affect the tenants from his apartments who may leave due to the noise and they have a right to privacy. Council discussion In response to questions from council, Assistant City Planner stated that dancing would be limited to Friday and Saturday nights, nights preceding a holiday, and up to only four weekday nights during the year and entertainment would be only in conjunction with a banquet rental. Anderson further explained the impact of the noise ordinance and stated the noise ordinance is part of the City's Municipal Code and not a condition of approval. Assistant City Clerk Rush presented: Reso No. 2008-71 RESOLUTION NO. 2008-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 07-12 Reso No. 2008-72 RESOLUTION NO. 2008-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 07-27 Motion Motion by Touhey and second by Herfert to waive further reading of the resolutions, read by title only, and adopt the resolutions. Motion carried by 4 — 0. Motion by Herfert and second by Lane to uphold the decisions of the Planning Commission and approve Planning Director's Modification No. 07-18. Motion carried 4 — 0 DEPARTMENTAL MATTERS Finance Department C-2 2007-08 and 2008-09 Fiscal Years Budget Update Budget Update Finance Director Bachman presented the staff report which recapped the 2007/08 fiscal year budget and presented an update of the first quarter of the 2008/09 budget. In addition, he discussed the local effect of the current economy. Mr. Bachman presented the following potential revenue sources for discussion and direction and stated most will take time to implement: 1. Proposition A Fund Exchange M City Council Minutes of December 2, 2008 2. Towing Contract Extension 3. 9-1-1 Fee 4. Parking Meters at City Hall 5. Annexation of Unincorporated Areas 6. Extra Trash Can 7. Voluntary Ambulance Subscription Program Councilmember Herfert stated that all revenue sources need to be considered. At this time he would support staffs recommendation to proceed with Item 1 and would like to further study Items 4 and 6. Councilmember Lane inquired into how the ambulance subscription program would work; supported Item 1 and supported looking further at Items 4 and 7. Councilmember Touhey stated many concerns that he has with the revenue sources but would accept moving forward with Item 1 at this time. Mayor Hernandez stated he would like to look at all items except the 9-1-1 fee; would support the extra trash can fee as long as it is on a voluntary basis. He further stated that in order to obtain sustainability, all options need to be explored. Mayor Hernandez supported annexation and stated that we are currently providing services to the proposed annexation areas through mutual aid and would receive additional revenue through annexation for services we are already providing. Motion Motion by Herfert and second by Lane to proceed with Item 1 [Proposition A Fund Exchange] and to receive and file the rest of the budget item, which would include continuing to study the items. Finance Director Bachman stated when the city negotiates an agreement with another city for the Prop A Fund Exchange, the agreement would be returned to council for approval. Motion carried by 3 — 1 (Touhey — No). City Manager's Office C-3 Electronic Waste Collection and Recycling Services E-Waste/Recycling Svcs Management Analyst Clay Curtin presented a brief staff report regarding the collection and recycling of certain electronic waste. Several providers have approached the city wishing to provide such recycling and collection services, Mission Recycling has submitted a formal proposal to provide service to the City. Most recently after completion of this staff report Athens Services has offered to provide a 1-year pilot program for curbside electronic waste collection. Motion Motion by Herfert and second by Touhey to direct staff to accept Mission Recycling's proposal for electronic waste collection/recycling services and authorize the City Manager to enter into an agreement for said services. Motion carried by 4 — 0. Police Department C-4 Towing Services Contract Towing Contract Staff report was presented by Police Chief Wills. Police Chiefs report stated that the current tow contractor, Royal Coaches, who provides tow service to both Service Area One and Service Area Two had requested a five-year contract extension to the current 5 City Council Minutes of December 2, 2008 contract which expires in April. Royal Coaches also offered to increase the franchise fee to the City to 30% of annual gross revenue, to take effect immediately, upon approval of the contract extension. Chief Wills also stated that two other tow contractors had communicated their interest in the City's contract. Chief Wills responded to questions regarding current fee structure and overall service provided by Royal Coaches. Mayor Herndndez invited Bill Salazar of Royal Coaches and Wayne Blake of Bob's Towing to the podium to explain their fee structure which are both regulated by the California Highway Patrol. Motion Motion by Hernandez to approve Alternative #1 — Accept Royal Coaches' 30% gross revenue franchise fee citywide extending the contract term for five years from April 2009. Councilmember Touhey stated he would not support the motion but would support two companies as with the original contract, one for the north side and one for the south side; either by an RFP, or approve Royal Coaches for the north area and Bob's Towing for the south area since they are both present tonight, with a 30% franchise fee to the city, a 50% prepayment of fees, with tow truck and heavy duty operators to be CHP certified. Action Mayor Herndndez requested a second for his motion. Motion died due to lack of second. Alternate Motion Motion by Touhey to approve Royal Coaches for the north side and Bob's Towing for the south side with 30% gross revenue fee, 50% down and both operators being CHP certified. Councilmember Lane seconded the motion. Councilmember Herfert stated that awarding the contract tonight was premature - would support an RFP process. Mayor Hernandez stated for the record that with Touhey's motion we would not see the additional 30% revenue from Bob's Towing [Area Two] until after the expiration of the contract in April. Action on Alternate Motion Mayor Herndndez requested a vote on the alternative motion. Motion failed 2-2 (Ayes — Touhey & Lane, Noes — Herfert & Hernandez) Second Alternate Motion Second alternate motion by Touhey to send out an RFP for two zones, keeping the caveat of 30% gross revenue fees and prepaying [the fees]. Motion carried 3-1 (Herndndez No) CONSENT CALENDAR D-1 City Council Meeting Minutes (receive & file) Minutes • Regular Meeting of July 1, 2008 • Special Meeting of July 22, 2008 D-2 Commission Summary of Actions (receive & file) Commission Summaries a) Community Services 07/08/08 b) Human Resources 10/08/08 c) Senior Citizens 08/28/08 2 City Council Minutes of December 2, 2008 Miscellaneous — City Clerk's Office D-3a Conflict of Interest Code Biennial Update Conflict of Interest Update Recommendation is that the City Council adopt the following resolutions: Reso No. 2008-73 RESOLUTION NO. 2008-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA Reso No. 2008-74 RESOLUTION NO. 2008-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION Reso No. 2008-75 RESOLUTION NO. 2008-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA PUBLIC FINANCING AUTHORITY Miscellaneous — Community Services D-3b Seeking City Council support for the Submission of Projects for Grant Funding Potential Grant Funding Recommendation is that the City Council approve the suggested project list for potential grant funding through the Water Working Group of the San Gabriel Valley Council of Governments. Project List 1. Maverick/Ridge Rider Project - Maverick Ridge Rider linkage along Walnut Creek to establish regional trail. 2. Galster Park, Phase II Project - Development of the upper region of Galster Park and creation of a linkage to existing open space within the BKK Development 3. West Covina Linkage to Regional Trails Project — connecting the City of West Covina to establish regional trail systems. Miscellaneous — Public Works D-3c BKK Landfill Site Quarterly Status Report BKK Status Report Recommendation is that the City Council receive and file this report. Request for Reallocation of Property Taxes Los Angeles County Sanitation District No. 22 (Annexation No. 402) D-3d Location: 3750 South Garvey Avenue — Residential Sanitation District No. 22 Recommendation is that the City Council adopt the following resolution: Reso No. 2008-76 RESOLUTION NO. 2008-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 402 7 City Council Minutes of December 2, 2008 D-4a Conference & Meeting Report D-5 Treasurer's Report AB1234 Conference and Meeting Report (receive & file) AB 1234 Conference and Meeting Report — National League of Cities Recommendation is that the City Council receive and file this report. City Treasurer's Report (receive & file) Report for the Month of October 2008 CONSENT CALENDAR ACTION Motion by Touhey and second by Herfert to waive further reading of the resolutions and adopt, and approve all items. Motion carried 4-0. PUBLIC HEARINGS Public Hearing E-1 West Covina Landscape Maintenance District No. 4 MD No. 4 Mayor Hernandez announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Hernandez proceeded to open the hearing. Deputy City Attorney Teresa Chen explained the proposed assessment process. Property owners subject to the assessment were mailed notices with instructions to vote on the assessment. Public Works Director Shannon Yauchzee presented a brief report. In order to maintain the current level of maintenance in Maintenance District 4, tax assessment rates would need to be increased by 3% from the current rate. Following the closure of the hearing, the hearing will be recessed in order for the ballots to be counted. The hearing will reconvene once the tabulation is complete and the results will be announced. Assistant City Clerk Rush stated that no written protests, objections or comments concerning the levying and collection of assessment within the District had been received. Public Testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. Testimony Closed With no one wishing to address council, Mayor Hernandez closed the public testimony portion of the hearing. Closed Hearing There being no property owners wishing to submit or change their ballots, Mayor Hernandez recessed the hearing at 9:56 p.m. for the ballot tabulation process. Mayor Hernandez brought forward Item E-2. Motion Motion by Herfert and second by Touhey to waive further reading of the resolution, read by title only and adopt. Motion carried by 4-0. Appeal Public Hearing General Plan Amendment No. 08-03; Westside Area Plan Amendment No. 6 Appeal of Tentative Tract Map No. 70436; Appeal of Variance No. 08-13; Negative Declaration of Environmental Impact E-2 Location: 933 —1007 South Orange Avenue Tentative Tract Map #70436 Appellant: Angela Hui 933-1007 Orange Avenue Mayor Hernandez announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Acting City Planner Jeff Anderson presented the staff K. City Council Minutes of December 2, 2008 report detailing the proposed project which would allow the development of a 7-unit, single-family residential, detached housing project, which was denied by the Planning Commission. Public Testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments in favor of the appeal. In Favor Michael Lewis, representing the applicant Angela Hui, discussed the proposed project to develop two existing lots into seven individual family homes. Opposed The following individuals spoke in opposition to the project citing the project is too dense for the area, the project would destroy the natural wildlife in the area, limited parking for seven units, and concerns with the wall that needs to be constructed around the project area. Cisco Flores, West Covina resident Fredrick Sykes, West Covina resident Carol Rumbaugh, West Covina resident Lourdes Fowler, West Covina resident Carol Reyes, West Covina resident Alexis Reyes, West Covina resident Leah Estrada, West Covina resident, is opposed to the project having received a call regarding the replacement wall. Rebuttal Michael Lewis, representing the applicant, rebutted several comments regarding the proposed wall replacement and the parking for the proposed homes. He stated that all homes will be one story to remain consistent with the development pattern in the neighborhood and will have a two -car garage. Closed Hearing With no one else wishing to address the council, Mayor Hernandez closed the public testimony portion of the hearing. Council discussion Councilmember Herfert stated the property is currently in a blighted state and that the applicant has mediated several concerns of the areas residents. Assistant City Clerk Rush presented: Reso 2008-78 RESOLUTION NO. 2008-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 08-03, WESTSIDE AREA PLAN AMENDMENT NO. 6, TENTATIVE TRACT MAP NO. 70436, AND VARIANCE NO. 08-13 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Reso 2008-79 RESOLUTION NO. 2008-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 08-13 AND WESTSIDE AREA PLAN AMENDMENT NO. 6 Reso 2008-80 RESOLUTION NO. 2008-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 70436 9 City Council Minutes of December 2, 2008 Reso 2008-81 RESOLUTION NO. 2008-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 08-13 Motion Motion by Herfert and second by Touhey to waiver further reading of the resolutions, read by title only and adopt. Motion carried by 3 — 1 (Hernandez — No). Public Hearing Code Amendment No. 08-03 E-3 Single -Family Residential Zone Code Update ZC Amendment - Single Family Mayor Hernandez announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Acting City Planner Anderson presented the staff report briefly outlining the changes. Open Testimony Mayor Hernandez proceeded to open the public testimony portion of the hearing and asked for public comment. Closed Testimony There being no one wishing to address the council, Mayor Hernandez closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Introduction of Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO DEFINITIONS, PERMITTED USES, DEVELOPMENT STANDARDS, AND THE ESTABLISHMENT OF THE DESIGN REVIEW SUBCOMMITTEE IN SINGLE- FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 08-03) Motion Motion by Herfert and second by Touhey to waive further reading of the ordinance, read by title only and introduce. Motion carried by 4 — 0 by the following roll call vote: AYES: Herfert, Lane, Touhey, Hernandez ABSENT: Sanderson COMMUNITY DEVELOPMENT COMMISSION Mayor Hernandez recessed the City Council meeting at 10:53 p.m. to convene the CDC. The City Council reconvened at 10:54 p.m. with all members present except Mayor Pro Tern Sanderson. DEPARTMENTAL MATTERS City Manager's Office An Ordinance to Change the Frequency of the Community Services, Human Resources, and Senior Citizens Commissions G-1 Meetings Mayor Hernandez announced the subject matter. Assistant City Clerk Rush presented: Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 2-71 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE FREQUENCY OF THE MEETING DATE OF THE COMMUNITY SERVICES COMMISSION, THE HUMAN 10 City Council Minutes of December 2, 2008 RESOURCES COMMISSION AND THE SENIOR CITIZENS COMMISSION, FROM AT LEAST ONCE PER MONTH TO AT LEAST ONCE EVERY OTHER MONTH EFFECTIVE FEBRUARY 1, 2009 Motion Motion by Herfert and second by Touhey to waive further reading of the ordinance, read by title only and introduce. Motion carried by 3 — 1 (Hernandez — No) Mayor Herndndez stated he would not support as community meetings provide the opportunity for the community to convey their sentiments to their elected and appointed officials. Police Department G-2 Introduction of an Ordinance Amending Graffiti Violations Graffiti Penalties and Imposing Administrative Penalties Mayor Hernandez announced the subject matter. Assistant City Clerk Rush presented: Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING PROVISIONS OF THE WEST COVINA MUNICIPAL CODE TO ALLOW AN ADMINISTRATIVE CITATION TO BE ISSUED TO THOSE WHO VIOLATE GRAFFITI PROVISIONS, AND TO THE PARENTS OF MINORS WHO VIOLATE GRAFFITI PROVISIONS Motion Motion by Touhey and second by Herfert to waive further reading of the ordinance, read by title only and introduce. Motion carried by 4-0.. Assistant City Clerk Rush presented: Reso No. 2008-82 RESOLUTION NO. 2008-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 9568 RELATING TO THE ESTABLISHMENT OF ADMINISTRATIVE FINES Motion Motion by Touhey and second by Herfert to waive further reading of the resolution, read by title only and adopt. Motion carried 4-0. MAYOR/COUNCILMEMBER REPORTS None. COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Mayor Roger Hernandez Request From Mayor Roger Hernandez Requesting the City I-1 Council Consider Developing a No -Cost Television Production Cable Internship Program Assistant Internship Program Mayor Herndndez requested council support to direct staff to develop an internship program and viewed this type of program as a feasible way to concede to the residents' request to bring back the broadcasting of council meetings. Mayor Herndndez requested a motion to study this item. Councilmember Lane expressed her concern that even with a no - cost internship program there would continue to be a cost, which would not be feasible at this time, but would review it at the next budget meeting. Councilmember Touhey concurred with Councilmember Lanes comments and would not support. 11 City Council Minutes of December 2, 2008 Motion Motion by Hernandez to direct staff to develop an internship program. Motion failed due to lack of a second. COUNCILMEMBER COMMENTS Councilmember Herfert requested to agendize for a future meeting the review of the current Christmas Tree ordinance. RECESS Mayor Hernandez called for a recess at 11:04 p.m. to allow for the completion of the Maintenance District 4 ballot count. The City Council reconvened at 11:17 p.m. Reconvene Hearing E-1 Public Hearing West Covina Landscape Maintenance District No. 4 Mayor Hernandez reconvened the public hearing to announce the results of the ballot measure for Maintenance District No. 4. City Attorney Alvarez-Glasman stated results have been certified by Deputy City Clerk Margaret Garcia and are as follows: Ballots mailed 3,234 Total Assessment $1,067,418.24 Number of Ballots Returned 994 % of Ballots Returned 31 % Number of "Yes" Ballots 181 Number of "No" Ballots 813 "Yes" Assessment Amounts $55,465.09 "No" Assessment Amounts $253,993.95 % Voting "Yes" 17.9% % Voting "No" 82.1 % Majority Vote to Assessment Opposed Increase Assistant City Clerk Rush presented: Reso No. 2008-77 RESOLUTION NO. 2008-77 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 Motion by Touhey and second by Herfert to waive further reading of the resolution and adopt. Motion carried 4-0. ADJOURNMENT Motion by Herfert and second by Touhey to adjourn the meeting at 11:20 p.m. Motion carried by 4-0. Sub Ned by: Assistant City berk Susan Rush Mayor Ro er Hernandez 12