09-05-2006 - Regular Meeting - Minutesis
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 5, 2006
Mayor Herfert 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 Pastor Mason Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Councilmember Sanderson
ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey, Councilmembers Lane,
Sanderson
Absent Councilmember Hernandez
Others Present Pasmant, Alvarez-Glasman, Anderson, Bachman, Chung, Fields,
Freeland, Hoppe, Lee, McNeill, Morgan, Rush, Samaniego,
Semblantes, Wills, 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 and CDC agenda were announced for inclusion in the
closed session discussion. All members were present with the
exception of Councilmember Hernandez.
Items on the City Council agenda:
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, no
final action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation- City
of West Covina and West Covina Community Development
Commission vs. Hassen Imports Partnership, Et al.- Briefing was
given, direction was provided to negotiators, no final action taken
and nothing further to report.
Conference with Real Property Negotiators- Property:
Approximately 2.6 acre area of the southeast corner of West
Covina Parkway and West Garvey Avenue South of the Civic
Center - Briefing was given, direction was provided to negotiators,
no final action taken and nothing further to report.
Conference with Real Property Negotiators- Property:
2121 East Shadow Oak. -Direction was provided to negotiators and
item was held over to a future date.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property:
Parcels 1, 2, 3, 4, 5, 6, 7 and 8 of Parcel Map 60193. Not
discussed; this item was held over to a future date.
CHANGES TO THE AGENDA City Manager Pasmant announced that Item G-1 (Athens Services
2006 Consumer Price Index and Landfill Disposal Tipping Fee
Adjustment) would be held over to the next meeting.
City Council Minutes of September 5, 2006
PRESENTATIONS The Blue Star Video was aired.
Mayor Herfert presented Robert Bryant, owner of Flowers by
Robert Taylor, a certificate recognizing the 11`h Annual Good
Neighbor Day.
Michele McNeill, Community Services Director, recognized Mr.
Patrick Tep, general manager of Krispy Creme Doughnuts, with a
Certificate of Recognition for their generous donation of Krispy
Creme Doughnuts to the West Covina Senior Citizens Center.
Mayor Herfert called forward Police Chief Frank Wills who
recognized Officers Denis Bennallack, Dave Long and
Commander Darrell Myrick, who won the Team Triathlon Gold
Medal at the Western States Police and Fire Games. Officers
Bennallack and Dave Long were unable to attend.
Mayor Herfert, assisted by John Hughes, presented certificates to
volunteers that made this year's 41h of July Celebration a success.
Mayor Herfert, assisted by Cameron Saylor, manager of the West
Covina American Little League 11-12 All Star Team and District
19 Champions, presented certificates of recognition to the players.
RECESS Mayor Herfert called for a recess at 7:50 p.m. The City Council
meeting reconvened at 8:03 p.m. with all members present, except
Councilmember Hernandez, who was absent.
ANNOUNCEMENTS City Manager Andrew Pasmant announced upcoming City -
sponsored events.
ORAL COMMUNICATIONS
Tyra Mason Tyra Mason, representing the .West Covina Chamber of
Commerce, promoted the Tuesday night farmers market at
Westfield Shoppingtown and promoted upcoming Chamber
sponsored events.
Juan Reinoso Juan Reinoso, Urban Graffiti, stated he is asking for more defined
parameters, not any contract modification, regarding their
conditions for an extension of the Graffiti Removal contract.
Chavon Byrne Chavon Byrne, GVD Commercial Properties, read a letter
addressed to the City Council and City Manager regarding the
proposed RFP for the development of the Downtown area, which
includes the Wickes site, and requested the RFP be withdrawn.
Porfirio Gonzalez Porfirio Gonzalez, West Covina resident, addressed Shadow Oak
Park and the lack of information to residents and requested that the
ballfield lights be adjusted from shinning into homes.
Fredrick Sykes Fredrick Sykes, West Covina resident, conveyed his opposition to
possibly losing the park and supported the Graffiti Contract
extension.
Bruce Leinbach Bruce Leinbach, West Covina resident, supported keeping Shadow
Oak Park; announced the upcoming football game between West
Covina High School and Maier Dae and felt West Covina High
needs to be recognized for their academics.
Lloyd Johnson Lloyd Johnson, West Covina resident, commented on the job the
current graffiti contractor is doing and their responsiveness to calls.
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City Council Minutes of September 5, 2006
Councilmember Sanderson commented on various avenues in
which information is provided to residents and stated no action will
be taken on Shadow Oak without residents' comments.
Joanne Wilner Joanne Wilner, West Covina resident, addressed several issues
including an upcoming speaking event at Ami Shalom; security at
Galster Park; Aroma Parkette's Master Plan; signage in the
median, and Shadow Oak Park.
Royal] Brown Royall Brown, West Covina resident, addressed issues at Aroma
Parkette; the RFP for the Wickes property site; and the San Gabriel
Basin Water Quality Authority board nomination.
Alfred Williams Alfred Williams, West Covina resident, addressed a petition
previously submitted to the Council asking for completion of
Shadow Oak Park.
Rudy Almeida Rudy Almeida, Hacienda Heights resident, thanked the Council for
moving forward with the Big League Dreams at the BKK site.
John Scheuplein John Scheuplein, West Covina resident, commented on agenda
materials, the rules for Oral Communications and the amount of
time allowed for oral communications; the Graffiti removal
contract; Water Quality Board; and the Ad -Hoc Committee for the
605/10 Interchange.
UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Graffiti Removal Contract
RFP for Graffiti Services Council reviewed the staff report. Mayor Pro Tern Touhey
supported the RFP process in order to receive the best price
possible. Councilmember Sanderson supported the current
contractor and stated her support for an extension to the contract.
Motion Motion by Touhey and seconded by Lane to direct staff to send out
a Request for Proposal for the Graffiti Removal contract.
Motion carried 3-1 (Sanderson no).
Nomination of San Gabriel Basin Water Quality Authority
C-2 Board Member Representing Cities Without Pumping Rights
Water Board Nomination Mayor Herfert nominated Mayor Pro Touhey as a nominee for the
San Gabriel Basin Water Quality Authority Board. Nomination
was seconded by Councilmember Sanderson.
Assistant City Clerk Rush presented:
Resolution No. 2006-74 RESOLUTION NO. 2006-74 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NOMINATING COUNCILMEMBER MICHAEL TOUHEY TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL
WATER QUALITY AUTHORITY
Motion Motion by Herfert and seconded by Sanderson to waiver further
reading of the resolution and adopt. Motion carried 3-0-1 (Touhey
abstained).
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
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City Council Minutes of September 5, 2006
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Council Minutes
No reports for this meeting.
D-2 Commission Summary of Actions (receive & file)
Commission Surnmary a) Human Resources 07/12/06
b) Planning 08/22/06
D-3 Claims Against the City (deny & notify claimants)
Claims Government Tort Claim Denials
• Star Cuen vs. City of West Covina
• Mercury Insurance/Raymon Ammon vs. City of West Covina
D-4 Ordinance for Adoption (waive reading & adopt)
Establishing Clarification Language for Posted Signage at City
Parks and Recreational Facilities
Ordinance No. 2152 ORDINANCE NO. 2152 — AN ORDINANCE OF THE CITY
Park Signs 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
D-5 City Treasurer's Report (receive & file)
Treasurer's Report Report for the Month of July 2006
Miscellaneous Police Department
D-6 Creation of Neighborhood Parking Protection Zone — Schools
Recommendation is that the City Council adopt the following
resolution establishing specified school zones as Neighborhood
Parking Protection Zones:
Resolution No. 2006-75 RESOLUTION NO. 2006-75 — A RESOLUTION OF THE CITY
School Parking Zones COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SPECIFYING LOCATIONS AND ADOPTING ENHANCED
PENALTY SCHEDULE UNDER NEIGHBORHOOD PARKING
PROTECTION ZONES
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to waive further
reading of the ordinance and resolution, read by title only and
adopt, and approve all other items on the Consent Calendar.
Motion carried by the following Roll Call vote:
AYES: Lane, Sanderson, Touhey, Herfert
ABSENT: Hernandez
NOES: None
PUBLIC HEARINGS Public Hearing
Code Amendment No. 06-01
E-1 Second Driveways
Second Driveways Mayor Herfert announced the public hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Mayor Herfert opened the hearing. Planning Director Doug
McIsaac presented the staff report and answered questions.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
In Favor Denise Grigsby, West Covina resident, explained her need for a
second driveway in order to properly park her trailer.
Lloyd Johnson, West Covina resident, stated his support of
second driveways and the use of alternative paving.
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Neutral Joanne Wilner, West Covina resident, stated she would support it
if it were strictly enforced that no cars can be parked on the
second driveways.
Closed Testimonv With no one else wishing to speak before the Council, Mayor
Herfert closed the public testimony portion of the hearing.
Council discussion Councilmember Sanderson stated her concern with neighbor
notification. Council directed staff to make an amendment to the
ordinance requiring notification to the neighbors of the property
requesting a second driveway.
Assistant City Clerk Rush presented:
Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Second Driveways WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO SECOND DRIVEWAYS IN SINGLE-FAMILY
RESIDENTIAL ZONES (CODE AMENDMENT NO. 06-01)
Motion Motion by Touhey and seconded by Herfert to waive further
reading and the ordinance and introduce, as amended.
Motion carried by the following Roll Call vote:
AYES: Lane, Sanderson, Touhey, Herfert
ABSENT: Hernandez
NOES: None
Public Hearing
Code Amendment No. 06-03
Separation of Barnes/Corrals and Swimming Pools in Single-
E-2 Family Residential Zones
Mayor Herfert announced the public hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Mayor Herfert opened the hearing. Planning Director Doug
McIsaac presented the staff report and answered questions.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments. With no one wishing to address
Council, Mayor Herfert closed the public testimony portion of the
hearing.
Council discussion Council discussed concerns with being able to replace an existing
barn that has been "grandfathered" in. Council directed staff to
amend the ordinance to allow the rebuilding of the current
structure (which at the time of the adoption did not meet the new
requirements), to the same size.
Assistant City Clerk Rush presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Barns/Corrals & Swimming Pools WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO SEPARATION OF BARNS/CORRALS AND
SWIMMING POOLS IN SINGLE-FAMILY RESIDENTIAL
ZONES (CODE AMENDMENT NO. 06-03)
Motion Motion by Herfert and seconded by Sanderson to waive further
reading of the ordinance and introduce, as amended.
Motion carried by the following Roll Call vote:
AYES: Lane, Sanderson, Touhey, Herfert
ABSENT: Hernandez
NOES: None
Public Hearing
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Appeal of Tentative Tract Map No. 63638
Negative Declaration of Environmental Impact
Location: 1007 S. Orange Avenue
E-3 Appellant: Carole Reyes
Tentative Tract Map No. 63638 Mayor Herfert announced the public hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Mayor Herfert opened the hearing. Principal Planner Jeff
Anderson presented the staff report and answered questions.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
In favor Carol Rumbaugh, West Covina resident, supported the appeal and
requested a continuance of the hearing since this was a holiday
weekend and other residents who supported the appeal were not
able to attend. She also felt the developer would later build on a
neighboring lot.
Carole Reyes, West Covina resident, requested the City Council
overturn the Planning Commission decision.
Ray Reyes, West Covina resident, voiced his concerns with the
proposed development.
Alexis Reyes, West Covina resident, opposed the project and felt
the additional homes would add to the traffic congestion.
In opposition Lloyd Johnson, West Covina resident, supported the project and
stated the developer was cleaning up the area.
Rebuttal Carole Reyes, West Covina resident, stated she would support an
attractive home on the lot but not four.
Carol Rumbaugh, West Covina resident, requested to keep West
Covina unique with its large single home lots.
Mayor Herfert closed the public testimony. The applicant of the
project requested to speak and Mayor Herfert reopened the public
testimony.
Kevin Lam, owner of the property and developer, stated the
development of the four homes would enhance the community
and increase the value of the property.
Chuck Medina, West Covina resident, commented on the current
traffic issues and supported retaining large lots.
Carole Reyes, West Covina resident, reiterated the concerns with
traffic congestion.
Testimony Closed Mayor Herfert closed the public testimony.
Council discussion Councilmember. Lane supported the residents' request to keep the
area as it is and to support the appeal.
Councilmember Sanderson also supported the appeal and the
residents' request to maintain the neighborhood as it is retaining
the large lots.
Mayor Pro Tern Touhey stated he would support the Planning
Commission decision approving the housing project.
Assistant City Clerk Rush presented:
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City Council Minutes of September 5, 2006
Resolution No. 2006-76 RESOLUTION NO. 2006-76 — A RESOLUTION OF THE CITY
Denial of Tract Map No. 63638 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DENYING TENTATIVE TRACT MAP NO. 63638 ON APPEAL
OF PLANNING COMMISSION ACTION
Motion Motion by Sanderson and seconded by Lane to waive further
reading of the resolution to deny Tentative Tract Map No. 63638,
read by title only and adopt. Motion carried 3 - 1 (Touhey
opposed)
JOINT PUBLIC HEARING Mayor Herfert called to order the Community Development
Commission at 10:13 p.m. in order to conduct the following joint
public hearing.
Mayor Pro Tern/Vice Chairman Touhey recused himself from
participation in Item E-4. Touhey stated he currently is not
employed by the McIntyre Group, but had been within the last year
period.
ROLL CALL Chairman Herfert, Vice Chairman Touhey, Commissioners Lane,
Sanderson
Absent Commissioner Hernandez
JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION —
APPROVAL OF PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF WEST COVINA COMMUNITY
DEVELOPMENT COMMISSION AND TROJAN TIRE
CENTER, INC. REGARDING THE APPROXIMATELY .26
ACRE PROPERTY LOCATED AT 2533 E. WORKMAN
AVENUE REFERRED TO AS THE FORMER EASTLAND
E-4 TRANSMISSION SITE
Purchase/Sale Trojan Tire Center Mayor/Chairman Herfert announced the hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Mayor/Chairman Herfert opened the hearing. Community
Development Commission Senior Project Manager Abby
Semblantes presented the staff report.
Public Testimonv Mayor/Chairman Herfert opened the public testimony portion of
the hearing and asked for public comments.
Testimony Closed With no one wishing to speak, Mayor/Chairman Herfert closed
the public testimony portion of the hearing.
City Council Action: Assistant City Clerk Rush presented:
Resolution No. 2006-77 RESOLUTION NO. 2006-77 — A RESOLUTION OF THE CITY
Purchase/Sale - Trojan Tire Center COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
APPROVING AND AUTHORIZING THE EXECUTION OF
THE PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION AND TROJAN TIRE CENTER, INC. AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
City Council Action Motion by Sanderson and seconded by Herfert to waive further
reading of the resolution, read by title only and adopt. Motion
carried 3 — 0 - 1 (Touhey abstained).
CDCAction: Assistant City Clerk Rush presented:
CDC Resolution No. 590 RESOLUTION NO. 590 — A RESOLUTION OF THE
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CDC Purchase/Sale Trojan Tire Ctr COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF WEST COVINA, CALIFORNIA APPROVING AND
AUTHORIZING THE EXECUTION OF THE PURCHASE
AND SALE AGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION AND
TROJAN TIRE CENTER, INC. AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
CDC Action Motion by Sanderson and seconded by Herfert to waive further
reading of the resolution, read by title only and adopt. Motion
carried 3 — 0 — 1 (Touhey abstained).
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at .10:18 p.m. to
continue the Community Development Commission meeting. The
City Council reconvened at 10:35 pm with all members present,
except Councilmember Hernandez.
DEPARTMENTAL MATTERS
Athens Services 2006 Consumer Price Index (CPI) and
G-1 Landfill Disposal Tipping Fee Adjustment
Athens Services Increase Under `Changes to the Agenda' the City Manager announced this
item would be held over to the next meeting.
G-2 Funding for a Traffic Signal on Pacific Avenue
Signal on Pacific Avenue No staff report was presented.
Motion Motion by Mayor Herfert and seconded by Councilmember Lane
to approve. Motion carried 4-0.
Following Item I-1, Mayor Herfert clarified that his motion was to
approve funding for a traffic signal and appropriate $200,000 from
the Proposition 42 repayment monies. Public Works director
stated the location of the traffic signal could be determined at a
later time. Council concurred with Mayor Herfert's clarification of
his motion.
MAYOR'S/COUNCILMEMBERS' REPORTS
Mayor Herfert
Selection of City Council Ad -Hoc Committee for 605/10
H-1 Interchange and 10 Freeway HOV Lane Improvements
Ad -Hoc Committee Mayor Herfert expressed his desire to be on the ad -hoc committee.
Mayor Pro Tern Touhey stated he had been attending the meetings
[between 10 Freeway cities] and also expressed his desire to be on
the committee.
Motion by Sanderson and seconded by Lane to appoint
Mayor Herfert and Mayor Pro Tern Touhey as representative to
serve on a 605/10 Freeway Ad -Hoc Committee.
COUNCILS REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Mayor Pro Tern Michael Touhey Requesting the
City Council to Advertise a Request for Qualifications (RFQ)
I-1 for Specialized Legal Services
RFQ for Specialized Legal Services Motion by Touhey and seconded by Sanderson to approve a
Request for Qualification for all legal services (City Prosecutor,
general liability, environmental, workers' compensation,
personnel/labor, bond counsel, and any other) with the exception
of City Attorney and Community Development Commission
Attorney. Motion carried 4-0.
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City Council Minutes of September 5, 2006
Request from Mayor Steve Herfert Requesting the City
Council to Hire an Investigator to Look into a Hostile Work
I-2 Environment Complaint Against Councilmember Hernandez
Investigator Motion by Herfert and seconded by Sanderson to authorize staff to
hire an investigator to look into a hostile work environment
complaint made against Councilmember Hernandez and report
back to the council on the findings.
Following a Councilmember's question as to whether this
issue can be handled internally through closed session, City
Attorney Alvarez-Glasman stated the Brown Act requires the
discussion of elected officials performance issues in an open
forum.
Motion carried 4-0.
Request from Mayor Steve Herfert Requesting the City
Council to Adopt a City Policy to Regulate Door -to -Door
I-3 Solicitations
Door-to-door Solicitations Mayor Herfert requested this item be held over and combined with
Item I-4 for the development of a policy regulating door-to-door
solicitation and identification procedures for cable company
installation/service employees and any person approaching a home
to sell.
Request from Mayor Steve Herfert Requesting the City
Council to Discuss Adopting a Policy for Cable Companies
Installation Standards Including Identification of Employees
I-4 on Service Calls
Cable Service Calls Standards Held over in conjunction with Item I-3
COUNCILMEMBER COMMENTS
Councilmember Lane HAD a service call issue with Animal
Control and their delay in picking up a dead animal.
Assistant City Manager Fields stated the a meeting is being
scheduled with Animal Control to discuss several issues of concern
and a report will then be forwarded to the City Council.
City Manager Pasmant stated due to concerns with coyotes,
the agency handling coyote control will be coming to a future
meeting to discuss their service.
IJ11010Re1uIDIOM 1
Motion by Touhey and seconded by Herfert to adjourn in memory
of Kaiser Bazan, Vice -President of the Republic of Panama, cousin
of Mayor Pro Tern Touhey. Motion carried 4-0.
Submitted,
Z � &I-,,
Assis ant City qlerk Susan Rus