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