02-21-2006 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
February 21,2006
. Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:15 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Rabbi Rick Brody
Temple Ami-Shalom
PLEDGE OF ALLEGIANCE Mayor Sanderson
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert,
Councilmembers Hernandez, Lane, Touhey
Others Present: Pasmant, Fields, Alvarez-Glasman, Anderson, Bachman, Freeland,
Wills, Elliott, Yauchzee, McIsaac, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council and Community Development Commission agendas were
announced for inclusion in the closed session discussion.
Items on the Council Closed Session agenda:
Conference with Real Property Negotiators: 1444 W.
Garvey Avenue South - Briefing was given to Council, no final
action and nothing further to report. This item is on the open
session agenda for Council consideration.
Conference with Legal Council —Existing Litigation —
Valencia Heights Water Company — Council was briefed with no
final action and nothing further to report.
Items on the CDC Closed Session agenda:
Conference with Real Property Negotiators: Southwest
corner of Citrus St/E. Workman Ave. — Commissioner Touhey,
having no interest in this property, excused himself from
participation in discussion due to having prior business
transactions with the McIntyre Company. Direction provided to
staff to prepare documents consistent with the terms of sale. There
was no final action and nothing further to report.
Conference with Real Property Negotiators: 2533 E.
Workman Avenue — Terms of sale were discussed and direction
was given to staff. There was no final action and nothing further to
report.
Conference with Real Property Negotiators: Parcels 1, 2,
3, 4, 5, 6, 7 and 8 of Parcel Map 60193 — Direction was provided
to staff. There was no final action and nothing further to report.
• CHANGES TO THE AGENDA City Manager Pasmant announced that the applicant of Item E-3,
Conditional Use Permit at 2655 S. Citrus Street, requested an
extension to March 21, 2006.
Additional information regarding Item J-3, 605110 Interchange,
has been provided to the Council and to the public.
Council minutes of February 21, 2006
Mayor Sanderson
participation due tc
Hills Country Club.
hearing.
and Councilmember Lane abstained from
conflict, as both are members of the South
Mayor Pro Tem Herfert conducted the public
E-3 Conditional Use Permit No. 05-01
. 2655 S. Citrus Street (South Hills Country Club)
Wireless Communication Facility
Mayor Pro Tem Herfert announced the public hearing and
Assistant City Clerk Rush verified that proper legal notice had
been given.
Motion by Hernandez and seconded by Touhey to grant the request
of the applicant to hold this item over to March 21, 2006. Motion
carried 3-0-2 with Sanderson and Lane abstaining.
APPROVAL OF MINUTES The following minutes were approved as presented:
Special Meeting of September 6, 2005
Regular Meeting of September 6, 2005
Special Meeting of September 20, 2005
Regular Meeting of September 20, 2005
Special Meeting of October 4, 2005
Regular Meeting of October 4, 2005
Special Meeting of October 18, 2005
Regular Meeting of October 18, 2005
PRESENTATIONS Blue Star Video was aired.
Mayor Sanderson, assisted by Interim Community Services
Director Steve Samaniego, presented resolutions of commendation
to the following commissioners recognizing their service:
• Michelle Roe, Community Services Commissioner
• Robert Sotello, Community Services Commissioner (absent)
■ Gilbert Hernandez, Community Services Commissioner (absent)
■ Musheer Rasheed, Community Services Commissioner
■ Mary Newlin, Senior Citizens Commissioner
■ George Gliaudys, Jr., Senior Citizens Commissioner
Mayor Sanderson, assisted by Interim Human Resources Director
Artie Fields, presented resolutions of commendation to the
following commissioners recognizing their service:
■ Darrell Higuchi, Human Resources Commissioner (absent)
■ Herb Redholtz, Human Resources Commissioner
PROCLAMATIONS Mayor Sanderson presented Christie Brown, President of West
Covina Beautiful, with a Proclamation proclaiming March 4, 2006
as Arbor Day.
ORAL COMMUNICATIONS
Joanne Wilner Joanne Wilner, West Covina resident, addressed difficulties with
. change of video streaming application.
Gary Lawson Gary Lawson, Chamber of Commerce representative, announced
two upcoming events hosted by the Chamber.
John Scheuplein John Scheuplein, West Covina resident, addressed issues regarding
campaign contributions during the recent November election.
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Council minutes of February 21, 2006
Lloyd Johnson Lloyd Johnson, West Covina resident, announced a fundraiser
being held for a recent cancer victim at Cameron Elementary on
Saturday, February 25.
Royall Brown Royall Brown, West Covina resident, updated Council and recent
developments regarding reclaimed water project.
isShirley Buchanan Shirley Buchanan, West Covina resident, complimented Public
Works Director Shannon Yauchzee for his prompt response to her
concerns brought up at a previous meeting regarding issues of a
boarding house in her neighborhood.
Tyra Mason Tyra Mason, a representative of the Chamber of Commerce,
promoted the West Covina Farmers Market.
UPDATES/REPORTS FROM CONSULTANTS No reports.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Continued Public Hearing
Appeal of Precise Plan No. 04-09
Appeal of Negative Declaration of Environmental Impact
Applicant: RHL Design Group, Inc.
Location: 2700 E. Garvey Ave. South (Crestview Cadillac)
Mayor Sanderson announced the request from the applicant to
continue this item on March 21, 2006 to allow them to complete a
redesign of the parking structure. Assistant City Clerk Rush
verified that proper legal notice had been given and Mayor
Sanderson opened the public hearing and requested a motion to
continue this item.
Motion by Touhey and second by Herfert to carry this item over to
the meeting of March 21, 2006. Motion carried 54.
Mayor Sanderson requested to move Item G-1 forward, as it relates to Item C-2.
C-2 Continued Public Hearing
General Plan Amendment No. 04-03
Zone Change No. 04-03
Negative Declaration of Environmental Impact
Applicant: Dynamic Investments
Location: Southeast Corner of West Covina Parkway and
West Garvey Avenue South (Civic Center)
Mayor Sanderson announced the hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing.
Mayor Sanderson requested a motion to move Item G-1 forward.
as it relates to this public hearing. Motion by Hernandez and
seconded by Herfert to move Item G-1 forward for action
• following the public hearing. Motion carried 5-0.
Principal Planner, Jeff Anderson, presented the staff report
outlining the proposed zone change and the project as approved by
the Planning Commission.
Public Testimony Mayor Sanderson requested public comments on the subject.
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Council minutes of February 21, 2006
Henry Melendez, applicant of the project, addressed the Council.
Mr. Melendez stated he has been working on the project with staff
for several years, accepting input from both staff and the
community and meeting all requirements. Mr. Melendez requested
the approval of Council for this project, offering to answer any
questions.
Steven Lam, architect of the project, stated he was present to
answer any questions from Council.
John Scheuplein, West Covina resident, spoke in support of the
project but shared concerns about parking issues, particularly
during construction.
Joanne Wilner, West Covina resident, addressed several issues
regarding the design and funding and urged Council not to accept
the project as presented or make any zone changes until the project
is ready to move forward.
Beverly Bulthuis, West Covina resident, addressed concerns of
library parking for patrons.
Irene Fleck, West Covina resident, shared concerns of parking for
library patrons.
Tyra Mason, West Covina resident, spoke in support of the project
but asked if there was any consideration given to performing arts.
Community Development Commission Director Chung responded
to financing questions and stated that the City, not the
Commission, owns the property and there are no CDC funds
involved. Any lease revenue generated by the project will go into
the general fund. Also, there are no park dedication fees
generated, as this is a commercial development.
Planning Director McIsaac responded to issues of parking.
McIsaac confirmed that the project will included 100 parking
spaces for library patrons per a separate agreement with the
County.
Steven Lam, architect, described the outside sitting areas that are
included in the design.
Mr. Melendez addressed safety issues that are associated with
parking structures and stated there will be security and cameras,
and there would be parking allocated for seniors. Mr. Melendez
also briefly covered the types and styles of restaurants planned.
Councilmember Hernandez inquired about the signage for the
project and Mr. Melendez replied that it has not yet been
developed but will be working with staff on this.
Close Public Testimony With no further comments, Mayor Sanderson closed the public
testimony.
• Council discussion Councilmember Hernandez inquired as to current library parking
spaces and usage. Mr. Anderson stated that during peak hours the
average number of spaces utilized is approximately 53.
Mayor Pro Tem Herfert stated his support of the project, but the
current proposal is too big for the location. Herfert also addressed
concerns of the parking in the structure and the impact it could
potentially have on the street and City Hall parking areas.
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Council minutes of February 21, 2006
•
•
Councilmember Touhey stated he is in favor of a development at
the site and would support developing the entire front of the area
and not just the comer and could not support the project as
presented.
Councilmember Lane shared her concern with parking issues and
parking in . a structure and would not support the project as
presented.
Motion Motion by Hernandez to direct staff to continue working with the
developer and address the concerns expressed to maximize the
potential of the site in a timely and expeditious manner.
It was suggested by the City Manager that documents regarding
what has been done [under direction of previous Council] be
provided to the Council for review in order for this Council to
provide direction to the developer.
City Attorney Alvarez-Glasman requested Council to continue the
public hearing due to the entitlement applications.
Motion Councilmember Hernandez amended his motion to continue this
item to a future date and direct staff to work with the developer to
look at the original proposal that had a different parking plan that
could help mitigate some of the issues brought forth.
Motion failed due to lack of a second.
City Attorney Alvarez-Glasman stated if the Council did not want
to move forward with the project, Council could receive and file
the environmental impact resolution, receive and file the zone
change ordinance, but staff would need to bring back findings of
denial regarding the General Plan Amendment.
Motion Motion by Herfert, second by Touhey to receive and file the
environmental impact resolution and zone change ordinance.
Councilmember Hernandez initiated Council discussion on their
willingness to work with developer and to try to mitigate the
parking issues due to their long-standing relationship.
Action Motion to receive and file. Motion carved 4-1 with Hernandez
voting no.
Motion Motion by Herfert and, second by Touhey to direct staff to prepare
findings for denial of the General Plan Amendment application.
Motion carried 4-1 with Hernandez voting no.
G-1
Item moved forward
Approval of the Lease and Development Agreement Between
the City of West Covina and Dynamic Business Holdings, Inc.
for the Development of a 2.6 Acre Portion of the Civic Center
Motion by Herfert and second by Touhey to receive and file the
resolution that was proposed for the approval of the Lease and
Development Agreement. Motion carried 4-1 with Hernandez
voting no.
Councilmember Touhey
C-3 WI-FI (Wireless Fidelity) Wireless Internet System
Assistant City Manager Fields presented the staff report outlining
the implementation of a wireless Internet system, which would
allow the public to have access to the Internet from designated
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Council minutes of February 21, 2006
sections of the City. Mr. Fields' report suggested a needs
assessment in the City prior to implementation.
Council discussion ensued suggesting the first implementation be
at City facilities and looking at the West Covina Services Group as
an option for implementation.
• Councilmember Hernandez requested implementing
wireless modems at the Senior Center where the Internet is already
installed.
Motion Motion by Herfert and second by Lane to direct staff to research
the cost of hiring a consultant to assist the City in establishing Wi-
Fi goals, and to identify an appropriate Wi-Fi network for the City
focusing on potential hot spots. Motion carried 5-0.
Mayor Pro Tern Herfert
C-4 Procedures for Placing Items on the Agenda for City Council
Discussion
Hold Over Mayor Pro Tern Herfert requested this item be held over in order
for staff to research and survey what other cities are doing.
CONSENT CALENDAR Mayor Pro Tern Herfert requested items D-4-I, Traffic Committee
Minutes, and D-5a, Retention of State and Federal Legislative
Advocates, be pulled for separate discussion.
John Scheuplein, West Covina resident, inquired as to the handling
of other games at the Senior Center for prizes with the adoption of
the ordinance authorizing the playing of Bridge for money.
Jerry Graham, West Covina resident, addressed issues on Pacific
Avenue and the need for a traffic signal on Pacific Avenue.
Ed Scheidler, West Covina resident, also addressed the issues on
Pacific Avenue and supported further study.
D-1 Commission Summary of Actions (receive & file)
Summary of Actions a) Planning............................................................. 02/14/06
D-2 Claims Against the City of West Covina
Government Tort Claim Denials
Recommendation is to deny the following Government Tort
Claims and the claimants and/or their respective attorneys be so
notified.
• Gary Seeget vs. City of West Covina
■ Henry Garcia vs. City of West Covina
■ Nickolas Realty vs. City of West Covina
■ Salvador Puga vs. City of West Covina
Ordinance for Adoption (waive reading & adopt)
D-3 West Covina Senior Center Bridee Proeram Game Rules
Ordinance No. 2155 ORDINANCE NO. 2155 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
• AMENDING SECTION 15-9 (GAMBLING) OF THE WEST
COVINA MUNICIPAL C ODE TO ALLOW THE PLAYING OF
BRIDGE AT THE WEST COVINA SENIOR CENTER OR
OTHER CITY FACILITY ENGAGED IN THE CONDUCT OF
SENIOR ACTIVITIES
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Council minutes of February 21, 2006
Traffic Committee Minutes (accept & file)
D-4i Meeting of December 20, 2005
Recommendation to accept Traffic Committee recommendations:
• That a traffic signal or crosswalk not be installed on Pacific
Avenue at this time.
• That the Police Department continue speed and truck route
enforcement and conduct future lane inspections.
• That the Public Works Department purchase a Solar Speed
Feedback sign to be used at this and other locations from
Project No. TP-05505 (124.85.8533.7800) for an approximate
cost of $10,000.
Miscellaneous — City Manager's Office
D-5a Retention of State and Federal Legislative Advocates
Recommendation is to:
1. Authorize the City Manager to execute a professional services
contract with the firm of Joe A. Gonsalves & Son to provide
legislative advocacy with matters before the California
Legislature and California State Agencies at a cost not to
exceed $4,000 per month; and
2. Authorize the City Manager to execute a one-year professional
services contract with The Ferguson Group to provide
legislative advocacy to identify and attempt to secure funding
for the replacement of the City's Public Safety Communication
System at a cost not to exceed $2,500 per month; and
3. Appropriate $18,000 from the General Fund Reserve to
Account #110.11.1120.6120 and $8,000 from CDC Merged
Project Reserve to Account #876.22.2210.6120 to fund the
legislative and advocates from March 1, 2006 through June 30,
2006.
Miscellaneous — Police Department
D-5b 2006 BJA Assistance Grant
Recommendation is to:
1. Approve the 2006 BJA Justice Assistance Grant (totaling
$24,900) and authorize the appropriation of $24,900 into
208.31.3111.7160 for unfunded public safety equipment
needs, including a portable traffic analysis device, small
weapons components, and photo -evidence supplies.
2. Authorize the future appropriation of interest earned under
this grant to be spent on the same approved activities.
D-5c Appropriating Bulletproof Vest Partnership and
SLESF Grants
Recommendation is to:
1. Accept the Bulletproof Vest Partnership (BVP) grant and
appropriate $13,729.39 into 195.31.3120.6999.
2. Appropriate the remaining $84.61 from the 2005
Supplemental Law Enforcement Services Fund (SLESF) grant
into 155.31.3110.7160.
CONSENT CALENDAR ACTION Motion by Herfert and second by Touhey, to waive further reading
of the ordinance and adopt; and approve all items except Items D-
• 4I and D-5a. Motion carried 5-0.:
Item D-41 Traffic Committee Minutes of December 20, 2005 —
Public Works Direct Yauchzee presented a brief staff report.
Mayor Pro Tem Herfert supported staff recommendation
and suggested a flashing yellow light be installed to slow traffic.
Motion by Herfert and second by Touhey to accept the
recommendations of the Traffic Committee and come back with
the potential for a stop sign in the area. Motion carried 5 — 0.
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Council minutes of February 21, 2006
Item D-5a Retention of State and Federal Legislative Advocates —
City Manager Pasmant provided a brief overview of the staffs
recommendations.
Motion by Touhey and second by Herfert to approve a
contract with Joe A. Gonsalves & Son as recommended by staff
and to approve Smith Dawson & Andrews to provide federal
• legislative advocacy at the level of "Full Federal Agenda" at a cost
of $6,000 a month and to appropriate funds accordingly to
accommodate the change from staffs recommendation.
Following Council discussion regarding the city's ability to
secure funding for projects, a substitute motion was offered by
Hernandez to go through a bid process to retain legislative
advocates. Motion failed due to a lack of a second.
Mayor Sanderson called for a vote on the original motion.
Motion carried 4-1 with Hernandez voting no.
Recess Mayor Sanderson called for a recess at 10:00 p.m. The City
Council reconvened at 10:12 p.m. with all members present.
PUBLIC HEARINGS
Public Hearing
Appeal of Administrative Use Permit No. 05-39
(Off -Sale of Beer and Wine within an Area of Undue
Concentration
Applicant: Ajit Singh
E-1 Location: 551 E. Francisuuito Avenue
Mayor Sanderson introduced the hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Planning Director McIsaac
presented the staff report. Lieutenant Mark Dettor presented a
brief report, which outlined the recommended denial of the
Administrative Use Permit by the Police Department.
Public Testimony Mayor Sanderson requested public testimony in favor of the
appeal.
Alan Forrester, attorney for the applicant, stated that a neighboring
business actually falls outside the census tract of the subject
property and cannot be included in determining "undue
concentration." The information provided by the State Alcohol
Beverage Control (ABC) was incorrect and the subject business
was not in a census tract of undue concentration. Mr. Forrester
provided a memorandum outlining issues supporting the appeal.
Ajit Singh, applicant, stated he has another store in West Covina
having no problems with the police department.
In Favor The following individuals spoke in favor of the appeal:
• Henry Hernandez, West Covina resident
• Danny Recendez, La Puente resident
• Maria Recendez, La Puente resident
• Olendruff Timberlake
• Subhjit Kaw
• • Albert Diaz
In Opposition The following individuals spoke in opposition of the appeal:
• Absalon Delacruz
• Joanne Wilner
• Lloyd A. Johnson
• Guadalupe Omelas
• Martha Khadim
Council minutes of February 21, 2006
Mayor Sanderson stated written correspondence was received by Mary L. Henry in opposition to the
appeal.
Rebuttal Mr. Forrester again addressed an error of El Monte ABC and said
it was not located in an undue concentration area.
• Testimony Closed With no further comments, Mayor Sanderson closed the public
testimony portion of the hearing.
Council Discussion Councilmember Touhey voiced his support of the appeal.
Councilmember Touhey stated that even though there are two
businesses in the area that sell alcohol, one of the businesses does
not hold regular hours and the problems in the area are not
necessarily the fault of the existing businesses.
Assistant City Clerk Rush presented the following resolution:
Resolution No. 2006-22 RESOLUTION NO. 2006-14 — A RESOLUTION OF THE CITY
Denial of Appeal COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DENYING ADMINISTRATIVE USE PERMIT NO. 05-39 ON
APPEAL OF PLANNING COMMISSION ACTION
Motion Motion by Herfert and seconded by Hernandez to waive further
reading of the resolution, read by title only and adopt. Motion
carried 3-2 with Touhey and Sanderson voting no.
Public Hearing
Zone Change No. 05-11 (24-Unit Condominium)
Applicant: Andrew McIntyre, The McIntyre Company
E-2 Location: 1838 E. Workman Avenue
Councilmember Touhey stated he would abstain and stepped down
from the dais due to work with a different division of the McIntyre
Group.
Mayor Sanderson introduced the hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Mayor Sanderson opened the hearing. Planning Director
McIsaac presented the staff report.
Andrew McIntyre complimented staff and offered to answer any
questions.
Public Testimonv Mayor Sanderson opened the hearing and asked for public
comments.
John Scheuplein, West Covina resident, spoke in support of higher
density in the area and suggested Council support affordable
housing.
Joanne Wilner, West Covina resident, felt action not necessary and
requested clarification on the number of units proposed.
Testimony Closed Mayor Sanderson closed the public testimony portion of the
hearing.
• Ordinance Introduced Assistant City Clerk Rush presented the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 05-11 FROM "MULTIPLE -FAMILY RESIDENTIAL" (MF-
20) TO "SPECIFIC PLAN NO. 22" (SP-22).
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Council minutes of February 21, 2006
Motion Motion by Herfert and seconded by Lane to waive further reading
of the ordinance, read by title only and introduce. Motion carried
4-0-1 with Touhey abstaining.
Public Hearing
Conditional Use Permit No. 05-01
• 2655 S. Citrus Street (South Hills Country Club)
E-3 Wireless Communication Facility
This item was held over to the meeting of March 21, 2006 at the
beginning of the meeting.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting to convene
the Community Development Commission meeting at 11:08 p.m.
The City Council reconvened at 11:09 p.m. with all members
present.
DEPARTMENTAL MATTERS
G-1 Community Development Commission
Approval of the Lease and Development Agreement Between
the City of West Covina and Dynamic Business Holdings, Inc.
for the Development of a 2.6 Acre Portion of the Civic Center
Property
City Council moved forward Item G-1 to be discussed in
conjunction with Item C-2
City Attorney's Office
Consideration of Roominghouse Ordinance to Address
G-2 Residential Group Homes
Held Over Mayor Pro Tern Herfert requested this item be held to the March
21, 2006 Council Meeting.
Community Services Department
Proposed 2006 Summer Concerts and Friday Night
G-3 Entertainment Series at the Lakes
Motion by Herfert and seconded by Hernandez to approve the
Thursday night 14-week summer concert series and Friday night
14-week "Live at the Lakes" for the estimated budget of $77,200,
and to appropriate $56,240.39 from the Charter Communications
Account Fund Balance to Account 203-57-51506166. Motion
carried 5-0.
CONTINUED ORAL COMMUNICATIONS None
MAYOR'S REPORTS None
COUNCILMEMBERS' REPORTS
Due to the lateness of the evening, it was the consensus of Council
to hold the following items over to the City Council meeting of
March 7, 2006.
J-1 Review of City Hall Security Issues •
Councilmember Lane
J-2 Automated External Defibrillators in City Facilities
Mayor Pro Tern Herfert
605/10 Interchange and Interstate 10 HOV Lanes Between the
J-3 605 and the 57 Freeways
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Council minutes of February 21, 2006
•
•
Councilmember Touhey
Renewal of Landscape Maintenance District No. 7 - Ordering
J-4 of Engineer's Report
COUNCILMEMBER REPORTS FROM CONFERENCES
None.
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn
at 11:10 p.m. Motion carried 5-0.
Submitte by
Assistant City dlerk Susan Rush
May-o'r-Shelley Sanderson
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