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03-21-2006 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 21, 2006 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:26 p.m. p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Pastor Kelly Dupe& Faith Community Church Councilmember Hernandez Mayor Sanderson, Mayor Pro Tem Herfert, Councilmembers Hernandez, Lane, Touhey Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Wills, Elliott, Yauchzee, McIsaac, Hoppe, Durbin, Samaniego, Chung, Anderson, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the Community Development Commission agenda were announced for inclusion in the closed session discussion. Conference with Real Property Negotiators: 730 South Orange — Commissioner Touhey recused himself from participation due to previous contractual agreements with the Charles Co. and left the room. Commission received briefing regarding possible acquisition of the property, no final action was taken, nothing further to report. Conference with Legal Counsel — Anticipated Litigation — The record should reflect that all members were present. Briefing was provided; the CDC unanimously authorized Steve Owens from the law firm of Squire, Sanders and Dempsey to pursue litigation in breech of current tax sharing agreement and that the matter be agendized. CHANGES TO THE AGENDA City Manager Pasmant reported that Council received a letter from the applicant of Item C-2, RHL Design Group, Inc. at the location of 2700 East Garvey Avenue South (Crestview Cadillac), to withdraw the appeal; therefore, this item was removed from the agenda. In addition, City Manager Pasmant stated that Item D-3e, Citywide Street Sweeping Contract Amendment was removed from the agenda and moved to the April 4, 2006 meeting. APPROVAL OF MINUTES The following minutes were approved as presented: Special Meeting of December 6, 2005 Regular Meeting of December 6, 2005 Special Meeting of December 20, 2005 Regular Meeting of December 20, 2005 Special Meeting of January 3, 2006 Regular Meeting of January 3, 2006 PRESENTATIONS Blue Star Video was aired. Council minutes of March 21, 2006 E 0 ANNOUNCEMENTS City Manager Pasmant announced the following upcoming City events: • Saturday, March 25, — I" Annual Community & Senior Expo at the Senior Center from 9 a.m. to 2 p.m. • Tuesday, March 28, Community Meeting regarding the proposed Multi -Purpose Trails Master Plan Project at the Cameron Community Center • Wednesday, March 29 — Galster Park Recreational Trails ground breaking at 3:30 p.m. • Saturday, April 8 — 2006 Egg Celebration at the Civic Center from 9 a.m. to 2 p.m. • Saturday, April 22 — Earth Day Celebration at the Civic Center from 10 a.m. to 1 p.m. ORAL COMMUNICATIONS Erik Macatuno Erik Macatuno, West Covina resident and representing the California Nurses Association, stated the Citrus Valley Medical Center Nurses have joined the California Nurses Association and asked for Council's support. Marilee Marrero Marilee Marrero, representing the West Covina Library, announced the ls` year anniversary of the Library's outreach program at the West Covina Senior Center. Frank Cannon Frank Cannon, West Covina resident, spoke in reference to the Councilmember comments at the last Council meeting regarding Congresswoman Hilda Solis' exclusion of recognizing West Covina businesses at the recent Business Recognition Dinner. Mayor Pro Tem Herfert asked staff to agendize a report on the actions that transpired at the dinner. Brad Johnson Brad Johnson, West Covina resident, reiterated the previous speakers comments. Joel Gelfand Joel Gelfand, West Covina resident, made comments on several items, which included the striping on Lark Ellen and the resulting traffic flow; business trends; and the West Covina High School Robotics Club. John Lindow John Lindow, West Covina resident, expressed concerns over group homes and the problems that result, such as rooms rented out to sexual predators and parking problems, crime, etc. Mr. Lindow also thanked Lloyd Johnson for the donating of the MIA/POW flag that is on display in the chamber. Mayor Sanderson asked Public Works Director Yauchzee to look into the garage conversions. Royall Brown Royall Brown, West Covina resident, expressed concern that the written statement on the Council agenda under Reporting Out From Closed Session implied that Council had taken action prior to discussion in open session and development signs containing the Councilmembers positions prior to reorganization. City Attorney Alvarez-Glasman explained that the comment fell under the Safe Harbor listing of Government Code Section 54956.9(c) and only serves to offer an explanation of the item and does not imply, action taken. -2- Council minutes of March 21, 2006 • Joanne Wilner Joanne Wilner, West Covina resident, addressed Council regarding the development signs posted displaying a new Council and inquired as to what Council is doing regarding allegations against Councilmember Hernandez. City Attorney Alvarez-Glasman stated that the District Attorney's office is an independent body and does not generally react based upon requests from the City. Furthermore, his office has not been given direction to follow up, but will if so directed. Councilmember Hernandez stated the District Attorney had informed his attorney that they have nothing supporting allegations and is waiting for written communication. Alfred Williams Alfred Williams, West Covina resident, addressed issues regarding Shadow Oak Park. John Scheuplein John Scheuplein, West Covina resident, spoke on divisiveness amongst the Council, their predictable voting majority and the development signs posted prior to Councils reorganization. Mayor Pro Tern Herfert replied that the posting of the signs was an unfortunate mistake. Bruce Leinbach Bruce Leinbach, West Covina resident, spoke on Shadow Oak Park and his editorial in the Tribune. Anonymous A West Covina resident requesting to remain anonymous addressed issues regarding a motorcycle gang in his neighborhood. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Public Hearing Appeal of Precise Plan No. 04-09 Appeal of Negative Declaration of Environmental Impact Applicant: RHL Design Group, Inc. C-1 Location: 2700 East Garvey Avenue South (Crestview Cadillac) Mayor Sanderson introduced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Principal Planner Jeff Anderson presented the staff report and a PowerPoint presentation of the proposed project. This item was carried over from January 17, 2006 to allow the applicant time to redesign the parking structure to lower the height and reduce privacy impacts to neighboring residents. Public Testimony Mayor Sanderson opened the public testimony portion of the hearing. Robert Walker, West Covina resident, stated a compromise had been reached and thanked the Council, staff and Crestview Cadillac for finding a workable solution on this matter. Royall Brown, West Covina resident, urged Council to approve the revised plan. Bob Superneau, representing RHL Design Group, requested the Council to approve the revised proposal. Testimony Closed There being no others desiring to address Council, Mayor Sanderson closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Resolution No. 2006-21 RESOLUTION NO.2006-21 — A RESOLUTION OF THE CITY -3- Council minutes of March 21, 2006 Crestview Cadillac COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 04-09 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt. Motion carved 5-0. • Continued Public Hearing Conditional Use Permit No. 05-01 2655 S. Citrus Street (South Hills Country Club) C-2 Wireless Communication Facility Item withdrawn This matter was withdrawn per written request from South Hills Country Club. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) a) Human Resources...............................09/13/05 b) Planning..........................................03/14/06 D-2 Claims Against the City of West Covina (deny & notify claimant) Government Tort Claim Denials Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Verizon vs. City of West Covina • Joyce A Gotto vs. City of West Covina • Jolene Humphrey vs. City of West Covina Miscellaneous — City Manager's Office Letter Opposing MTA's Use of Local, State, and Federal D-3a Resources to Construct the Red Line Extension Recommendation is that the City Council direct staff to forward a letter opposing the use of local, State, and federal resources to construct the red line extension to the MTA, Governor Schwarzennegger, and all County and State elected officials representing West Covina. Miscellaneous — Community Development Commission License Agreement Between the City of West Covina and West Covina Community Development Commission D-3b (Communications Tower on West Covina Snortsnlex Site) Recommendation is that the City Council: 1. Approve the proposed Communications Site Master License Agreement ("Master License") allowing the City to license the use of the communications tower and adjacent property from the Community Development Commission. 2. Authorize the Mayor to execute the Master License on behalf of the City. Miscellaneous — Human Resources Department Petition for Formal Recognition — West Covina Maintenance D-3c Employees' Association Recommendation is that the City Council: • 1. Approve the request from the West Covina Maintenance Employees' Association to change their name to the West Covina Maintenance and Crafts Employees' Association. 2. Approve the Petition for Recognition from Adams and Associates to represent the West Covina Maintenance and Crafts Employees' Association. -4- Council minutes of March 21, 2006 Miscellaneous — Police Department D-3d Buffer Zone Protection Program (BZPP) Homeland Security Grant Recommendation is that the City Council accept and appropriate the BZPP Grant ($47,287.50) as follows: •-$39,287.50 into 217.31.3110.7160 for safety equipment items already itemized and approved through the State • pass -through funding process. • $8,000 into 217.31.3110.6050 for related training. Miscellaneous — Public Works D-3e Citywide Street Sweeping — Contract Amendment This item was removed from the agenda and moved to April 4, 2006. Senior Center Parking Lot Repairs (Project No. BP-06306A) D-3f Change Order Authorization Recommendation is that the City Council: 1. Ratify the project Change Order to perform additional pavement replacement work at the West Covina Senior Citizen's Center. 2. Authorize the use of Proposition "C" funding in the amount of not to exceed $24,000 to perform that additional work (122.83.8606.7900). CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items on the consent calendar except Item D-3e. Motion carried 5- 0. PUBLIC HEARINGS Public Hearing Appeal of Extension of Time: Third and Final Extension of Time for Tentative Tract Map No. 53667 Applicant: South Hills Home Partnership E-1 Location: Inspiration Point. South of Hillside Drive Mayor Sanderson introduced the public hearing. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning Director Doug McIsaac presented the staff report and answered questions from Council. Public Testimony Mayor Sanderson opened the public testimony portion of the hearing. In favor of appeal Stephen Jones, representing the applicant, presented arguments in support of granting the extension of time for finalizing and recording the tentative tract map. Mr. Jones stated the developer has diligently pursued the project and all conditions have been met. John Scheuplein, West Covina resident, spoke in support of the extension and felt this item should be reviewed independently from any other issue that the applicant has before Council. City Attorney Alvarez-Glasman stated that Councilmember Lane • has reviewed this matter as a Planning Commissioner and since this matter is now before Council [and Lane] on appeal, recommended that Councilmember Lane recuse herself. Councilmember Lane left the dais at 9:00 p.m. Royall Brown, West Covina resident, spoke in favor of granting the extension on this project. -5- Council minutes of March 21, 2006 In opposition of appeal Rebuttal Joanne Wilner, West Covina resident, spoke in support of the Planning Commission recommendation to deny the extension. Stephen Jones, reiterated his comments Testimony Closed Mayor Sanderson closed the public testimony portion of the hearing. • Assistant City Clerk presented: Resolution No. 2006-22 RESOLUTION NO. 2006-22 — A RESOLUTION OF THE CITY Denying Extension COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 53667 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Herfert and seconded by Touhey to waive further reading of the resolution and adopt. Councilmember Hernandez stated his support of the appeal as there are other gated communities within the City. Action Motion carried 3-1 with Hernandez voting no. Councilmember Lane returned to the dais at 9:16 p.m. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting to convene the Community Development Commission meeting at 9:16 p.m. The City Council reconvened at 9:17 p.m. with all members present. DEPARTMENTAL MATTERS G-1 City Attorney's Office Consideration of Ordinance Relating to City Council Reorganization as a Result of the Change of Election to November of Odd Numbered Years City Attorney Alvarez-Glasman briefly covered the details of the staff report which would change the month of the annual reorganization of Council to coincide with the month of the General Municipal Election. John Scheuplein, West Covina resident, commented on the current shortened term of Mayor from March 2006 to November 2006. Motion by Herfert and seconded by Lane to introduce an ordinance changing the West Covina Municipal Code Section 2-21 to require the City Council reorganization to occur each November consistent with the requirements of state law. Motion carried 5-0. Communications G-2 Radio System Report Communications Director Durbin presented the staff report. Mr. • Tim Peters of Tech Knowledge, Inc., radio communication consultant was present to answer questions. Mr. Durbin and Mr. Peters responded to questions regarding shared governmental trunk radio system with other agencies, on -going maintenance fees, and implementation plan. Fire Chief Elliott expressed the Fire Departments support of the Inter -Agency Communications Interoperability System (ICIS). M Council minutes of March 21, 2006 r� • John Scheuplein, West Covina resident, addressed options identified by the consultant and opposed a 911 User Fee without a vote by residents. Motion Motion by Herfert and seconded by Touhey, to approve staff s recommendations. Mayor Sanderson concurred with the Council in support of the radio system but was opposed to a investigating a 911 User Fee. Amended Motion Amendment offered by Herfert and seconded by Touhey to approve the following: • Receive the Consultant's Report on the Radio System and approve the recommendation that the City pursue Option 6. • Initiate discussions with Pomona to partner with their city in a Joint Trunk Radio System. • Approve expenditure of $50,000 for a Consultant to develop the Radio System Specification and Design from the FY 2006 Federal Appropriation of $200,000 that was awarded to the City in November 2005. Motion carried 5-0. Motion by Herfert and seconded by Touhey to authorize staff to investigate the feasibility of the 911 User Fee for a portion of the system cost. Motion carried 4-1 with Sanderson voting no. CONTINUED ORAL COMMUNICATIONS COUNCILMEMBER REPORTS City Manager Pasmant addressed the mistake of a development sign being posted with a new order of council prior to council reorganization. Councilmember Hernandez Letter Supporting AB2923 Reimbursement of Costs from J-1 Minors that Commit Graffiti and Vandalism Councilmember Hernandez briefly reported on the item and encouraged the City Council to support of Council A132923. Mayor Pro Tern Herfert left the dais at 9:59 p.m Motion by Hernandez and seconded by Touhey to 1) support AB 2923, which allows communities to seek reimbursement of costs for graffiti abatement on a minor's vehicle registration and increases the court's authority to suspend the minor's driving privileges for up to three years; and 2) direct staff to forward letter supporting AB2923 to all State elected officials representing the City of West Covina. Motion carried 4-0. Herfert not present. CONFERENCE AND MEETING REPORT K-1 AB1234 — Summary of International Council of Shopping Centers Conference Mayor Pro Tern Herfert submitted a report on the February 15 — 17, 2006 International Council of Shopping Centers Southwest Idea Exchange (ICSC) Conference. Motion Motion by Hernandez and second by Touhey to receive and file the report. Motion carried 4 — 0 Herfert not present. 7- Council minutes of March 21, 2006 is 0 Mayor Pro Tern Herfert returned to the dais at 10:04 p.m. CITY COUNCIL REORGANIZATION Mayor Sanderson expressed her thanks and gratitude for the support she received from staff and the community during the past year while she served as Mayor. Mayor Sanderson's fellow Councilnembers thanked her for her leadership and dedication to the community. City Attorney Alvarez-Glasman stated the mayor succession and rotation process as provided in the municipal code. A motion is required to confirm the rotation order and appoint Mayor Pro Tern Herfert as Mayor. Incoming Mayor and City Council Reorganization Motion Motion by Touhey and seconded by Lane to confirm the appointment of Mayor Pro Tern Herfert as Mayor. Councilmember Hernandez initiated discussion regarding the rotation and his placement in the succession order. Assistant City Clerk Rush stated that at the December 20, 2005 meeting the Council reorganized and reaffirmed Councilmember Sanderson as Mayor, appointed Councilmember Herfert as Mayor Pro Tern and placed in succession order, Councilmember Touhey, Councilmember Lane and Councilmember Hernandez. Councilmember Hernandez stated that he didn't recall any Council direction placing him at the bottom of the succession order. Rush replied that at the December 20`h meeting [Hernandez was absent] Council made comments they would put Hernandez back in the rotation [once exonerated of allegations], such comments alluded to being removed from rotation. Councilmember Hernandez stated our Code does not direct anyone who is removed from the order to be placed at the bottom of the order. Following comments by Councilmember Hernandez as to his right to remain in the succession order and not be passed over, requested Council to reconsider. Substitute motion Substitute motion offered by Hernandez that he be put into the role of mayor. Motion failed due to lack of second. Action on original motion Following lengthy discussion, Mayor Sanderson called for a vote on motion to confirm the appointment of Mayor Pro Tern Herfert as Mayor. Motion carried 4-1 with Hernandez voting no. Motion by Herfert and seconded by Touhey to confirm the mayor succession order as Mayor Herfert, followed by Councilmembers Touhey, Lane, Hernandez and outgoing mayor, Sanderson. Motion carried 4-1 with Hernandez voting no. Oath of Office Assistant City Clerk administered the oath of office to incoming Mayor Herfert. Mayor Herfert presented outgoing Mayor Sanderson with the traditional Mayoral plaque for her past term as Mayor of West Covina. Mayor Herfert recognized Mayor Pro Tern Touhcy and stated he looked forward to working together. Council minutes of March 21, 2006 • Designation of Alternate to Los Angeles County Sanitation District Motion by Herfert and seconded by Lane to nominate Councilmember Sanderson as the alternate to the Los Angeles County Sanitation District. Motion carried 5-0. John Schcuplcin, West Covina resident, thanked Councilmember Sanderson for her role as Mayor and congratulated Mayor Herfert. ADJOURNMENT Motion by Sanderson and seconded by Touhey to adjourn the meeting in memory of former Assemblyman Marco Fireball; Goldie Lewis of Lewis Homes; Rong Cheng (Tommy) Lee, Mike Lee's father; Joseph Durbin, brother of Clay Durbin; and Don Almer, former Maintenance Dept. employee at 10:51 p.m. Motion carried 5-0. Submitted by: Assistant City Cl k Susan Rush 0