08-15-2006 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 15, 2006
Mayor Pro Tem Touhey called to order the regular meeting of the West Covina City Council at 7:14
p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Jim Han
Good News Chapel
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Pro Tem Touhey, Councilmembers Herndndez, Lane,
Sanderson
Absent Mayor Herfert
Others Present Pasmant, Nichols, Anderson, Fields, Freeland, Holtz, Hoppe,
Jamison, McNeill, Morgan, Paul, Rush, Samaniego, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council agenda were announced for inclusion in the closed session
discussion. All members were present with the exception of
Mayor Herfert.
Conference with Labor Negotiators — Five (5) Employee
Organizations - Confidential Employees, General Employees,
Maintenance & Crafts Employees, Mid -Management Employees,
Non -Sworn Safety Support Employees - Briefing was provided,
direction was provided to negotiators, no final action taken and
nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Blue Star Video was aired.
ANNOUNCEMENTS City Manager Andrew Pasmant announced upcoming City -
sponsored events.
Nicole Shanenian, representative for Congresswoman Hilda Solis,
announced that Veterans Care Day on Saturday, August 26`h
ORAL COMMUNICATIONS
Tyra Mason Tyra Mason, representing the Chamber of Commerce, promoted
the Tuesday night street fair, upcoming Chamber sponsored events,
and congratulated the new Chamber President, Carolina Chacon.
Leonard Rose Leonard Rose, La Puente resident, commented on job opportunities
through the Library.
Juan Reinoso Juan Reinoso, Urban Graffiti, addressed comments made at a prior
council meeting and issues on their contract with the City.
Irene Fleck Irene Fleck, West Covina resident, complimented the joint
programming in the courtyard, the Movies in the Park and the
Library's End of Summer Reading Festival.
City Council Minutes of August 15, 2006
John Scheuplein John Scheuplein, West Covina resident, commented on the Oral
Communications guidelines, award of contract for property located
at the Sportplex Site, Mayor Pro Tern Touhey's campaign
disclosure statements, and the property at the K-Mart site.
Royall Brown Royall Brown, West Covina resident, commented on storm drain
repairs at the BKK Landfill site, various elements of the BKK
Landfill Quarterly status report, and the Downtown Conceptual
Plan.
Joanne Wilner Joanne Wilner, West Covina resident, addressed signage at City
parks, the acquisition of Shadow Oak Park, and the Graffiti
contract.
Milford Walker Milford Walker, West Covina resident, spoke on comments made
by Mayor Herfert and Mayor Pro Tem Touhey at previous
meetings and people's involvement in local politics.
Jerry Graham Jerry Graham, West Covina resident, addressed the lack of traffic
enforcement and other traffic issues on Pacific Avenue.
Ed Scheilder Ed Scheilder, West Covina resident, addressed the Traffic
Committee recommendation for the request at their June 20, 2006
meeting regarding Pacific Avenue.
Edwin Molina Edwin Molina, West Covina resident, addressed the Traffic
Committee review of issues on Pacific Avenue.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed property on San
Bernardino Road, campaign spending and votes, and the need to
ban smoking at the Concert Series.
John Shewmaker John Shewmaker, West Covina resident, commented on the "tone"
in our City government and public comments.
Herb Redholtz Herb Redholtz, West Covina resident, spoke on his comments
made at a previous council meeting.
Ronald Vera Ronald Vera, Legal Counsel for Rowland Unified School District,
spoke on the school district's interest in the Shadow Oak property.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Site Quarterly Status Report
BKK Landfill Status Report Environmental Management Director Steve Samaniego presented
the staff report highlighting changes since the last update on the
landfill and answered questions regarding the Class I storm drain
repair. City Manager Pasmant responded to the working
relationship between the City and the various State agencies.
Motion Motion by Hernandez and seconded by Sanderson to receive and
file the report. Motion carried 4-0.
• ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Traffic Committee Minutes -Item from June 20, 2006
Pacific & Willow Following testimony from residents during Oral Communications,
Council engaged in discussion and were in concurrence of the need
to address the traffic issues on Pacific Avenue.
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City Council Minutes of August 15, 2006
Motion Motion by Sanderson and seconded by Lane to bring back costs for
the installation of a traffic signal at the intersection of Pacific
Avenue and Willow Avenue. Motion carried 4-0.
C-2 Graffiti Removal Contract
RFP for Graffiti Services Environmental Management Director Steve Samaniego presented
the staff report.
Councilmembers Hernandez and Sanderson spoke of their support
of the current contractor, Urban Graffiti. Councilmember
Sanderson also complimented the Police Department Graffiti Task
Force and requested the status of convictions of those
apprehended.
Motion Motion by Sanderson and seconded by Hernandez to renew the
contract with Urban Graffiti.
Councilmember Lane complimented Urban Graffiti but supported
an RFP process. Ms. Lane supported staffs recommendation to
delete graffiti removal on City owned street signs from the contract
specs as it will possibly lower the bid.
Mayor Pro Tem Touhey also supported the RFP process.
Alternative Motion Following Council discussion Councilmember Hem2ndez offered
an alternative motion to renegotiate the contract with Urban
Graffiti with a caveat that City owned sign work be removed from
the renewal rate proposed by Urban Graffiti, therefore lowering the
$144,000 amount as proposed. Motion seconded by Sanderson.
Motion failed by a 2-2 vote. (Lane, Touhey no).
Motion by Sanderson and seconded by Hemandez to hold this item
over to the next meeting. Motion carried 4-0.
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Special Meeting of June 13, 2006
Regular Meeting of June 20, 2006
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Planning Commission 08/08/06
Award of Bid
D-3a Award of Bid for Holt Avenue Street Widening — Grand Avenue to
Holt Avenue Widening East City Limit (Project No. SP-05104)
Recommendation is to take the following actions:
1. Accept the bid of All American Asphalt in the amount of
$518,771.30 as submitted at the bid opening on August 2,
2006, and authorize the Public Works Director/City Engineer
and City Clerk to execute the contract.
2. Approve a change order in the amount of $41,345 for other
street improvements.
3. Transfer $45,000 from Account No. 121.81.8432.7200 to
. 121.81.8522.7200; $41,000 from Account No.
122.81.8432.7200 and $290,000 from Account No.
122.81.8748.7200 to Account No. 122.81.8522.7200.
D-3b Purchase of (CNG) Pickup Truck
Purchase of CNG Pickup Truck Recommendation is to approve an award of purchase to Wondries
Fleet Group of Alhambra, California for one 2004 Ford F150 CNG
pickup truck for a total cost of $31,148.94 including sales tax and
standard warranty.
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City Council Minutes of August 15, 2006
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Miscellaneous — Communications
D-4a Proposed Telecommunication Network License and
Next G Network License Encroachment Agreement with Next G
Recommendation is to:
1. Approve the proposed Telecommunications Network License
and Encroachment Agreement with Next G to encroach upon
and occupy a portion of the Public Right -of -Way for the
limited purpose of constructing, installing, operating, and
maintaining licensed communications equipment to provide
service to wireless carriers.
2. Authorize Licensee to attach appurtenances to certain
identified City owned traffic light or streetlight poles.
3. Authorize the City Manager to execute the License and
Encroachment Agreement.
Miscellaneous — Community Services Department
4-b Establishing Clarification Language for Posted Signage at
Park Signs Clarification Language City Parks and Recreational Facilities
Recommendation is to adjust and clarify park signage language by
approving the following Ordinance and Resolution:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF
THE WEST COVINA MUNICIPAL CODE PERTAINING TO
PARKS, RECREATIONAL AREAS, AND PUBLIC PLACES IN
THE CITY
Resolution No. 2006-71 RESOLUTION NO. 2006-71 - A RESOLUTION OF THE CITY
Park Signs COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING CLARIFICATION LANGUAGE FOR
POSTED SIGNAGE AT CITY PARKS, AND RECREATION
FACILITIES
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Hernandez to waive
further reading of the ordinance/resolution and introduce/adopt,
and approve all other items on the consent calendar.
Motion carried by the following roll call vote: .
AYES: Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSENT: Herfert
PUBLIC HEARINGS 2006 Congestion Management Program (CMP) Conformance
E-1 Self -Certification and Local Development Report (LDR)
Congestion Mgmt. Program Mayor Pro Tern Touhey announced the public hearing matter.
Assistant City Clerk Rush verified that proper legal notice had
been given and Mayor Pro Tern Touhey opened the hearing.
Principal Planner Anderson presented the staff report.
Public Testimony Mayor Pro Tem Touhey opened the public testimony portion of the
hearing and with no one wishing to address the Council closed the
public testimony.
Assistant City Clerk Rush presented:
Resolution No. 2006-72 RESOLUTION NO. 2006-72 - A RESOLUTION OF THE CITY
CMP 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
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City Council Minutes of August 15, 2006
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Motion Motion by Sanderson and seconded by Hemandez to waive further
reading of the resolution, and adopt. Motion carried 4-0.
Public Hearing
Appeal of Administrative Use Permit No. 06-22
(Recreational Equipment)
Applicant: Eugene and Tochtli Hays
E-2 Location: 936 W. Service Avenue
936 Service Ave. Mayor Pro Tem Touhey announced the public hearing matter.
Assistant City Clerk Rush verified that proper legal notice had
been given and Mayor Pro Tem Touhey opened the hearing.
Principal Planner Anderson presented the staff report and answered
questions.
Public Testimonv Mayor Pro Tem Touhey opened the public testimony portion of the
hearing and asked for public comments.
In favor Ed Hays, speaking on behalf of the applicants, presented photos
and written documentation in support of the appeal and stated there
had never been any objections to the parking of the boat by
neighbors. Mr. Hays urged the Council to overrule the decision
made by the Planning Commission.
Jose Figueroa, West Covina resident and neighbor, supported the
appeal.
John Scheuplein, West Covina resident, also spoke in support of
the appeal.
In opposition Joanne Wilner, West Covina resident, requested the Council
uphold the decision of the Planning Commission.
Rebuttal Ed Hays stated there is no suitable alternative for the parking of the
boat as there is no side yard access, and the requested AUP does
meet the requirements of the City's ordinance for a second RV.
Testimony Closed Mayor Pro Tem Touhey closed the public testimony.
Council was in concurrence in supporting the appeal as they found
no grounds for denial and no opposition from neighbors.
Assistant City Clerk Sue Rush presented:
Resolution No. 2006-73 RESOLUTION NO. 2006-73 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ADMINISTRATIVE USE PERMIT NO. 06-22 ON
APPEAL OF PLANNING COMMISSION ACTION
Motion Motion by Hernandez and seconded by Lane to waive further
reading of the resolution and adopt. Motion carried 4-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Pro Tem Touhey recessed the City Council meeting at 9:30
p.m. to convene the Community Development Commission. The
City Council reconvened at 9:45 pm with all members present,
except Mayor Herfert.
DEPARTMENTAL MATTERS
No reports for this meeting.
City Council Minutes of August 15, 2006
MAYOR'S/COUNCILMEMBERS' REPORTS
Councilmember Roger Hernandez' Request for an Update on
Negotiations with Rowland Unified School District for Possible
H-1 Acquisition of Shadow Oak Park
Shadow Oak Park Mayor Pro Tern Touhey stated that he currently does not have a
contract or any work with Abell-Helou, but since it was recently
disclosed that they submitted a proposal for the subject property,
he recused himself from discussion on this item. Mayor Pro Tern
Touhey requested Councilmember Sanderson chair the meeting for
this item.
Assistant to the City Manager Chris Freeland presented the staff
report, which provided a brief overview of the actions that have
transpired between the City and Rowland Unified School District
(RUSD) since receiving a letter of interest from RUSD on May 2,
2006. A 60-day negotiating period began on May 3, 2006 and
expired on July 3, 2006.
Councilmember Hernandez stated that RUSD had
requested a declaration from the City as to the status of the
property and request legal counsel's response.
Deputy City Attorney Nichols stated that the procedures
followed were in accordance with state law, that there is no
provision that requires declaring land surplus. prior to initiating
negotiations. Mr. Nichols further stated that not much detail can
be stated regarding negotiations for property due to the possibility
of litigation.
Motion Due to the expiration of the 60-day discussion period regarding the
property and opposition to sell the property by residents,
Councilmember Hernandez made a motion to abandon any
discussions and/or sale of the parkland.
Council discussion continued regarding the disposition of the
property, communications with RUSD, requirements under
Government Code § 54222 and options regarding the property.
Councilmember Sanderson called for a second to Councilmember
Hecnandez's motion. Motion died for a lack of second.
Motion by Hernandez and seconded by Sanderson to direct staff to
communicate to Rowland Unified School District the status of the
property. Motion carried 3-0.
Traffic Signal at the Intersection of Francisquito Avenue and
H-2 California Avenue
Francisquito/California Aves. Mayor Pro Tern Touhey stated he had received letters from
residents regarding traffic concerns in the area and discussed turn
pockets at the intersection. Public Works Director Yauchzee stated
a traffic study would determine what type of upgrades would be
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Motion by Touhey and seconded by Sanderson to send the
request for upgrades to the Traffic Committee and to the office of
Los Angeles County Supervisor Michael Antonovich as this
intersection is joint with the County.
Motion tamed 4-0
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City Council Minutes of August 15, 2006
COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Councilmember Roger Hernandez —
I-1 Downtown Conceptual Plan
Downtown Conceptual Plan Councilmember Hernandez requested Council support to submit a
Request for Proposal (RFP) for development of the downtown area
as 41 previously proposed as "Scenario C" of the Conceptual Plan.
Motion by Hernandez and seconded by Sanderson to take
the Downtown Conceptual Plan from the table for further
discussion. Motion carried 4-0.
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Council engaged in discussion as to options and alternatives to the
development of the downtown area. Council's ideas/requests
included the following as their main points of interest -
• to seek development proposals (RFP) on the west side of
Glendora, (Wickes site) possibly incorporating a portion of
Lakes Drive,
• meet with owners and tenants of west side businesses
concurrently with the RFP process,
• request through the RFP process different types of proposals,
some proposals with mixed use development,
• not relocate or eliminate any parking on the cast side business
area,
• meet with businesses on the east side to develop a
rehabilitation plan to upgrade the facade of the businesses.
Community Development Commission Director Chung stated an
RFP incorporating the Councils requests will be brought back for
their review before releasing and suggests the RFP be out for a
minimum of 30 days for a good response.
Motion by Hernandez and seconded by Sanderson to —
1. Direct staff to release a 60 day RFP incorporating the
ideas/requests of Council (or 90 days, depending on legal
requirements), concurrent with offering Owner Participation
rights with the property owner. (GVD);
2. Conduct meeting with the business owner within 45 days for
input.
3. Possibly conduct a field trip to view other revitalized areas in
other communities.
Motion carried 4-0.
Councilmember Lane left the dais at 11:00 p.m.
Request from Mayor Pro Tern Michael Touhey Requesting the
City Council to Consider Dedicating a City Tree in Memory of
I-2 Jacob Field and Benny Rodriguez, Jr.
Dedication of City Trees Mayor Pro Tern Touhey requested the development of a policy to
plant trees in memory of two individuals who passed away.
Motion by Sanderson and seconded by Hernandez to
agendize the request for the following meeting. Motion carried 3-
0.
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City Council Minutes of August 15, 2006
COUNCILMEMBER COMMENTS
Councilmember Sanderson requested staff to look into issues
relating to an experience she had with Animal Control. Staff will
provide a Thursday memo of their findings.
O Councilmember Hernandez provided a brief update of a California
League conference he attended at the end of July.
111111111IR161DWI I
Submitted by
Zf
ssistant City erk Susan Rush
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Motion by Touhey and seconded by Sanderson to adjourn the
meeting at 11:10 in memory of Commissioner Solis' father and
Ester Snyder. Motion carried 3 — 0
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