09-20-2005 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 20, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:10 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Miller
ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmember Herfert,
Councilmember Hernandez, Councilmember Miller
Staff Present: Pasmant, Fields, Nichols, Freeland, McIsaac, Morgan, Samaniego,
Mclsaac, Wills, Dettor, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Nichols reported the following:
The special meeting commenced at 5:45 p.m. Prior to
recessing into closed session, all items on the City Council and
Community Development agendas were announced for inclusion
in the closed session discussion.
City Council agenda:
Conference with Labor Negotiators — West Covina
Firefighters'Association, LA.FF, Local3226:
Items on the CDC Agenda:
Conference with Property Negotiations —Three items
—1) Parcels 1, 2, 3, 4, 5, and 6 of Tentative Parcel Map
60193 — Terms of Sale
2) Conference with Property Negotiators- Property
Adjacent to Existing Parking Structure located at Edwards Theatre
Complex — Terms of Lease
3) Conference with Property Negotiators- Property: 1000
Lakes Drive (The Lakes Property) — Terms of Sale
There was no reportable action on any of the items
discussed. The special CDC meeting was recessed and will be
continued after the regular City Council meeting for discussion of
property located at : Parcels 1, 2, 3. 4, 5 and 6 of Tentative Parcel
Map 60193.
CHANGES TO THE AGENDA City Manager Pasmant stated that Item No. E-1 is being withdrawn
from tonight's agenda. D.C. Corporation has submitted a letter
withdrawing their application and the Planning Commission's
decision will stand.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of February 15, 2005
Regular meeting of March 1, 2005
Special meeting of March 15, 2005
PRESENTATIONS Blue Star Video was aired.
Mayor Sanderson assisted by Police Chief Wills presented Officer
Newton with a Resolution of Commendation and a City Tile for
over 25 years of service with the West Covina Police Department.
A Certificate of Special Congressional Recognition was presented
from Congresswoman Hilda Solis' office.
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Mayor Sanderson assisted by Police Chief Wills presented a
plaque to FBI Agent Ed Ochotorena, who has served as Head of
the West Covina Office of the FBI, on his retirement from the FBI.
Mayor Sanderson presented Bob Bryant, owner of Flowers by
Robert Taylor, with a Certificate of Recognition for his dedication
to raising funds for the Hurricane Katrina Relief efforts.
Mayor Sanderson assisted by Robert Perre, presented the
Orangewood Little League Diamondbacks Certificates of
Recognition as City Minor Division Champions.
Mayor Sanderson assisted by John Lee, presented the American
Little League Cubs Certificates of Recognition as City Major
Division champions.
Mayor Sanderson assisted by John Lee, presented the American
Little League District 19 All Stars, Eleven and Twelve -Year Old
Champions Certificates of Recognition.
PROCLAMATIONS Mayor Sanderson proclaimed September 30`h and October Is` as
White Cane Days and presented Al Dunn, President of the West
Covina Lions Club, with a proclamation.
Mayor Sanderson presented Steve Samaniego, Community
Services Director, with a proclamation proclaiming the week of
October 3 — 7, 2005 as Rideshare Week.
ORAL COMMUNICATIONS
Joanne Wilner Joanne Wilner, West Covina resident, commented on recent State
Legislation limiting stipends for Community Development
Commissioners and stated her opposition to the housing
development on San Bernardino Rd.
John Scheuplein John Scheuplein, West Covina resident, commented on recent state
legislation, inquired as to when the safety communications system
will be replaced and encouraged conclusion of public safety labor
negotiations.
Tyra Mason Tyra Mason, representative for the West Covina Chamber,
promoted the West Covina Farmers' Market.
At the request of Mayor Sanderson, City Attorney Nichols
explained that the withdrawal of the appeal by D.C. Corp means
the decision of the Planning Commission will stand.
Don Pascoe Don Pascoe, West Covina resident, spoke on activities and
programs at the Senior Center.
Juan Reinoso Juan Reinoso, West Covina resident, presented graffiti service call
and graffiti removal statistics of his company, Urban Graffiti.
Bill Roe Bill Roe, West Covina resident, addressed the recent decision of
the Planning Commission in regards to the housing project on San
Bernardino Rd.
Steven Thurgood Steven Thurgood, of Pick's Building Materials, addressed the
support they received in their opposition to the proposed housing
project on San Bernardino Rd.
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Bruce Leinbach Bruce Leinbach, West Covina resident, voiced his opposition to
the proposed housing project on San Bernardino Rd. and supported
no residential homes be proposed for the land in the future.
Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the residents and
business owners for voicing their opposition of the housing project
on San Bernardino Rd. to the Council.
Royall Brown Royall Brown, West Covina resident, addressed the process in
which developers must go through with the Planning Commission
and City Council.
Bobbie Johnson Bobbie Johnson, Chino Hills, thanked the Council for their support
of Good Neighbor Day which also benefited the Hurricane Katrina
victims.
Eric Rodriguez Eric Rodriguez, West Covina resident, addressed issues he is
having with D.C. Corp who is also the proposed developer for the
housing project on San Bernardino Rd. and also inquired as to
whether a successful Council candidate can vote on a project if
they received income from said developer.
City Attorney Nichols stated the question is for the Fair Political
Practices Commission as to conflict of interest regulations.
Gloria Landaverde Gloria Landaverde, owner of Heavenly Pet Resort, stated their
opposition to the proposed housing development on San
Bernardino Rd. next to their business and presented a petition with
the signatures of patrons also opposing the development.
Irene Fleck Irene Fleck, West Covina resident, urged Council to keep the
proposed development site as a commercial zone and commended
the staff of the swim program.
Recess Mayor Sanderson called for a recess at 8:50 p.m. The City Council
reconvened at 9:12 p.m. with all members present.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Ordinance for Adoption
Zone Change No. 05-02
C-1 Location: 1838 E. Workman Avenue
City Attorney Nichols stated that pending litigation does not affect
this item and Council may proceed with action. Mayor Sanderson
announced for public information that Mr. Alhassen filed litigation
in regards to this matter.
Assistant City Clerk presented:
Ordinance No. 2142 ORDINANCE NO. 2142 - AN ORDINANCE OF THE CITY
Approving Zone Change 05-02 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 05-02
Motion by Wong, seconded by Herfert, to waive further reading of
the ordinance and adopt. Motion carried 5 — 0.
City Attorney Nichols, in response to Councilmember Herfert,
stated the litigation is against the City and -the developer at 1838 E.
Workman Ave. challenging the zoning entitlements as approved by
the City.
Councilmember Herfert requested a report regarding the
requirement of prevailing wages at Mr. Alhassens project at Azusa
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and Garvey Avenue and Mayor Sanderson requested an update on
the progress of the project.
Councilmembers' Reports
Councilmember Herfert
C-2 Pacific Avenue Traffic Conditions Update
Due to a report submitted by residents on this item,
Councilmember Herfert requested this item come back in order for
staff to review the report.
Motion by Herfert and seconded by Wong to receive and file this
report. Motion carried 5 — 0.
Councilmember Herfert
C-3 Vine Avenue and Valinda Avenue Traffic Conditions
Councilmember Herfert provided a brief report of the traffic issue
at the location.
Motion by Herfert and seconded by Miller to adopt the staff
recommendation to install advance -warning signs and to improve
traffic at the intersection. Motion carried 5-0.
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
a) Planning...........................................09/13/05
Miscellaneous — Public Works
Relinquishment of North Azusa Avenue (State Route 39)
Restricting the Use of the Relinquishment Funds for Future
D-2a Improvements and Maintenance
Recommendation is that the City Council authorize staff to make
all immediate improvements to North Azusa Avenue, to restrict the
use of the remaining funds only for immediate City street paving
needs, and to annually set aside $700,000 of restricted Proposition
"C" funds for five years beginning in Fiscal Year 2006-2007 for
the future paving of Azusa Avenue.
Miscellaneous — City Manager's Office
Letter of Opposition — HR 3146 (Blackburn) —
D-2b Video Choice Act of 2005
Recommendation is that the City Council forward a letter of
opposition to HR 3146 - "Video Choice Act of 2005" to all federal
elected officials representing the City of West Covina.
Fully Paid Leave and Continuation of Benefits for Employees
Serving as Volunteers with the American Red Cross During the
D-2c Katrina Relief Efforts
Recommendation is to adopt the following resolution:
Resolution No. 2005-59 RESOLUTION NO. 2005-59 - A RESOLUTION OF THE CITY
Benefits to Volunteers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE CITY'S PERSONNEL RULES GRANTING
FULLY -PAID LEAVE OF ABSENCE AND THE
CONTINUATION OF EMPLOYEE BENEFITS TO THOSE
SERVING AS VOLUNTEERS WITH THE AMERICAN RED
CROSS DURING RELIEF WORK ASSOCIATED WITH
HURRICANE KATRINA
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Miscellaneous — Police Department
D-2d Photo Red Light Traffic Enforcement
Recommendation is that the City Council receive and file this
report.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further
• reading of the resolution and adopt, and approve all items except
D-2b and D-2d. Motion carried 5-0.
D-2b Letter of Opposition — HR 3146 (Backburn) —
Video Choice Act of 2005
Councilmember Herfert expressed his view of the proposed bill
and does not support a letter of opposition.
Motion by Miller and seconded by Hernandez to forward a
letter of opposition to HR 3146 to all federal elected officials
representing the City of West Covina. Motion carried 4-1. (Herfert
voting no)
D-2d Photo Red Light Traffic Enforcement
Lt. Mark Dettor of the Police Department presented_ a brief staff
report and answered questions from Council.
Motion by Herfert and seconded by Miller to receive and
file the report. Motion carried 5-0.
PUBLIC HEARINGS APPEAL HEARING
General Plan Amendment No. 05-02
Appeal of Zone Change No. 05-03
Appeal of Precise Plan No. 05-02
Appeal of Tentative Tract Map No. 62345
Negative Declaration of Environmental Impact
Location: 1773 San Bernardino Road
E-1 Applicant: DC Corporation
This item was removed from the Agenda earlier in the evening due
to the withdrawal of the appeal by D.C. Corporation.
PUBLIC HEARING
2005 Congestion Management Program (CMP) Conformance
E-2 Self -Certification and Local Development Report (LDR)
Mayor Sanderson introduced the hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Staff report was presented
by Planning Director Mclsaac.
Public Testimony Mayor Sanderson asked for public comments and, with none
offered, closed the public hearing.
Assistant City Clerk presented:
Resolution No. 2005-60 RESOLUTION NO. 2005-60 — A RESOLUTION OF THE CITY
Congestion Management Program COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
• ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
Motion by Wong, seconded by Miller, to waive further reading of
the resolution, read by title only and adopt. Motion carried 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
No reports for this meeting.
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DEPARTMENTAL MATTERS
No reports for this meeting.
CONTINUED ORAL COMMUNICATIONS
Cookie Nance Cookie Nance, West Covina resident, commented on the litigation
filed against the City by Mr. Alhassen and a letter her husband
received by Mr. Alhassen in reference to a letter to the editor her
husband submitted.
Bill Roe Bill Roe, West Covina resident, commented on a comment by a
prior speaker regarding his actions as a Council candidate.
MAYOR'S REPORTS Mayor Sanderson stated her desire to create a Senior Resource
Center.
COUNCILMEMBERS' REPORTS
Mayor Pro Tern Wong commented on Consent Calendar item
D-2c, and a recent IRS and Franchise Tax Board press release
regarding private businesses and the donation of their employees
benefit time.
ADJOURNMENT Motion by Sanderson and seconded by Herfert, to adjourn the
regular City Council meeting at 10:11 p.m. in memory of Eddie
Cortez, Mayor of Pomona, followed by recessing into and
adjourning from Community Development closed session. Motion
carried 5 — 0.
ATTEST:
Assistant Cit C erk Susan Rush
ayor Shelley Sanderson
no