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09-05-2006 - Regular Meeting - Minutesis 0 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. 2 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) 3 City Council Minutes of September 5, 2006 C 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. E City Council Minutes of September 5, 2006 9 0 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 5 City Council Minutes of September 5, 2006 • r� 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: 0 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 7 City Council Minutes of September 5, 2006 0 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. 0 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