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10-17-2006 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL October 17, 2006 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:20 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Mayor Herfert announced Student Government Day bringing attention to the participating students sitting with the City council and staff. Prior to the invocation, Mayor Herfert requested a moment of silence in memory of Cory Lidle and Tyler Stanger. INVOCATION Pastor Jim Werri Bethany Baptist Church PLEDGE OF ALLEGIANCE Councilmember Hernandez ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey, Councilmembers Hernandez, Lane, Sanderson Others Present Alvarez-Glasman, Bachman, Chung, Curtin, Fields, Durbin, Elliott, Holtz, Hoppe, McIsaac, McNeill, Morgan, Myrick, Samaniego, Taylor, Yauchzee, Rush 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. Conference with Legal Counsel — Existing Litigation — 1) William Korthoff, Emily Lutz, Kathleen Todd -Brown, and Pamela Brown vs. City of West Covina et al. — There was no final action and nothing further to report. 2) Joshua Kilzi vs. City of West Covina - There was no final action and nothing further to report. Liability Claims — Claimant: Arturo and Rose Filippe Agency Claimed Against: City of West Covina — There was no final action and nothing further to report. CHANGES TO THE AGENDA No changes to the agenda. PRESENTATIONS Blue Star Video was aired. No presentation by the American Legion as they were unable to attend. Mayor Herfert called forward Chris Freeland, who gave a brief overview of Student Government Day. Certificates of recognition were presented to the students. West Covina Board Member Steve Cox and West Covina Police Commander Marc Taylor addressed the upcoming Red Ribbon event on October 28, 2006. Mayor Herfert presented the police department with a proclamation proclaiming October 22 through October 28 as Red Ribbon Week. City Council Minutes of October 17, 2006 Mayor Herfert assisted by Cameron Saylor, manager of the Angels and the American Little League Major Champion, presented certificates to the players. Mayor Herfert, assisted by Luis Velasquez, manager of Pony West Zone Shetland Champions, presented certificates to the players. Mayor Herfert announced on October 28, 2006, the Covina Post Office will have a dedication ceremony renaming the Post Office after Captain Lillian Kiel. ANNOUNCEMENTS Assistant City Manager Artie Fields announced upcoming City events. ORAL COMMUNICATIONS Bruce Leinbach Bruce Leinbach, West Covina resident, addressed recent newspaper articles and issues surrounding allegations of hostile work environment by Councilmember Hernandez. Fredrick Sykes Fredrick Sykes, West Covina resident, addressed maintenance issues at Shadow Oak Park, which included the staircase tower, bridge and sidewalks; commented on the need to uphold code enforcement violations. Public Works Director Shannon Yauchzee provided a brief overview on maintenance issues at Shadow Oak Park. Natalie Mendoza Natalie Mendoza, West Covina resident, addressed the condition of the intersection at Amar and Valinda and inquired as to any proposed plan for development; complimented Urban Graffiti's work; commented on revitalization and an entertainment venue in the City. Steve Cox Steve Cox, West Covina resident and West Covina School Boardmember, supported recreation in the City and joint school/city projects. Joanne Wilner Joanne Wilner, West Covina resident, addressed open access to school grounds supporting partnership with school districts; Items G-1 and G-3; Big League Dreams plan changes; and Galster Park. Rudy Almeida Rudy Almeida, Hacienda Heights resident, requested Council support of Proposition 83, "Jessica's Law." Royall Brown Royal] Brown, West Covina resident, addressed graffiti at Galster park and reclaimed water at the Sportsplex project. Ed Casanova Ed Casanova, West Covina resident and president of the West Covina ROTC, thanked the Council for the Blue Star video and introduced Cadet Michael Casanova who invited the Council to a Veterans Day Tribute. • James D. Gustafson James D. Gustafson, representing Councilmember Hernandez, addressed issues surrounding hostile work environment allegations and presented questions to Council. City Attorney Alvarez-Glasman stated Council could request special counsel Kreisler be present at a future meeting to answer any questions regarding the investigation. Council engaged in discussion regarding the alleged incident. 2 City Council Minutes of October 17, 2006 • • Roberta Azpeitia Roberta Azpeitia, West Covina resident, on behalf of the residents at Heritage Park, requested a crosswalk signal from the complex to the shopping center across the street. John Scheuplein John Scheuplein, West Covina resident, shared his personal views on the actions of Councilmembers. Councilmember Hernandez left the dais at 9:12 p.m. Councilmember Sanderson Councilmember Sanderson requested further review of the crosswalk at Heritage Park to ensure public safety. Beth Wilson Beth Wilson, West Covina Librarian, introduced herself as the new librarian at the West Covina Library. Juan Reinoso Juan Reinoso, Urban Graffiti, thanked the Council for the opportunity to serve the City, addressed the Graffiti contract and clarified comments. Councilmember Hernandez returned to the dais at 9:23 p.m. Norma Martinez Norma Martinez, West Covina resident, addressed allegations against Councilmember Hernandez and requested to know what the allegations are and for Council to focus on park and community needs. Herb Redholtz Herb Redholtz, West Covina resident, commented on Mr. Scheuplein's comments and his lawsuit brought against the city. UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS No reports for this meeting. CONSENT CALENDAR Mayor Pro Tern Touhey stated he would also provide a brief oral Conference and Meeting report (Item D-6) during Councilmember comments at the end of the agenda. Purchasing Manager Sue Sindelar, in response to an inquiry by Mayor Pro Tern Touhey, stated that Mr. Alhassen was provided an opportunity to bid on the two (2) vehicles being considered tonight (Item D-4). Councilmember engaged in discussion as to whether Mr. Alhassen previously had an opportunity to bid on commercial development pads at the BKK development site. Councilmember Sanderson requested the claim of Arturo & Rose Filippe be removed from consideration pending further information (Item D-3) D-I City Council Meeting Minutes (receive & file) Minutes Regular Meeting of September 5, 2006 Special Meeting of September 19, 2006 Regular Meeting of September 19, 2006 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Planning Commission 10/10/06 D-3 Claims Against the City (deny & notify claimants) Claims Government Tort claim Denials 3 City Council Minutes of October 17, 2006 • Lorraine Cabana vs. City of West Covina • Matthew C. Vasquez vs. City of West Covina • Hugh Ledford vs. City of West Covina • Arturo & Rose Filippe vs. City of West Covina (removed) D-4 Award of Bid • Purchase of Hybrid Vehicles Purchase of Two (2) Ford Escape Hybrid Vehicles Recommendation is that the City Council: 1. Award the purchase of two (2) 2007 Ford Escape hybrid vehicles to Fairview Ford of San Bernardino for a total cost of $51,964.51 including sales tax and standard warranty. 2. Appropriate $25,982 from Air Quality Improvement Trust Fund (119). D-5a Miscellaneous — Police Department Motorcycles Lease Lease of Police Motorcycles Recommendation is that the City Council approve an award of contract to Laidlaw's Harley Davidson Sales, Inc. for the annual lease of Harley Davidson police motorcycles (currently eight) at a cost per motorcycle of 5375 per month plus sales tax. D-5b Miscellaneous — Public Works 1140 Outlook Lane Request for Reallocation of Property Taxes Property Tax Reallocation County Sanitation District No. 22 (Annexation No. 390) Location: 1140 Outlook Lane Resolution No. 2006-79 Recommendation is that the City Council adopt the following Approving Reallocation resolution: RESOLUTION NO. 2006-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 390 D-6 Conference and Meeting Report (receive & file) Conference/Meeting Report Mayor Pro Tem Michael Touhey stated he would report on this matter during the Councilmember Comments portion of the agenda. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson, to waive further reading of the resolution, read by title only and adopt and approve all items except D-3 — Arturo & Rose Filippe vs. City of West Covina, which was pulled off the agenda. Motion carried by the following Roll Call vote: AYES: Hernandez, Lane, Sanderson, Touhey, Herfert NOES: None • PUBLIC HEARINGS Mayor Pro Tem Touhey stated he would recuse himself from hearing Item E-1 due to his family's ownership of adjacent property. Mayor Pro Touhey left the dais. E-1 Public Hearing General Plan Amendment No. 06-03 Zone Change No. 06-02 Applicant: City of West Covina a] City Council Minutes of October 17, 2006 • • Location: 555 E. Vine Avenue GPA No. 06-03 Mayor Herfert announced the public hearing matter. Assistant 555 E. Vine Avenue City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Planning Director McIsaac presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Royall Brown, West Covina resident, supported the Planning Commission recommendation to change the zoning designation. Fernando Rosales, West Covina resident and owner of the subject property, requested Council's support for the zone designation change. Testimony Closed With no further speakers, Mayor Herfert closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Resolution No.2006-80 RESOLUTION NO. 2006-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 06-03 Motion by Sanderson and seconded by Hernandez to waive further reading of the resolution, read by title only and adopt. Motion carried 3-1-1. (Herfert no, Touhey abstained due to conflict of interest). Assistant City Clerk Rush presented: Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Approving ZC 06-02 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 06-02 Motion by Herfert and seconded by Sanderson to waive further reading of the ordinance, read by title only and introduce. Motion carried 3 —1-1 (Herfert no, Touhey abstained due to conflict of interest). E-2 Public Hearing General Plan Amendment No. 06-02 Westside Area Plan Amendment No. 6 Applicant: Conrad Banks Location: 845 S. Sunkist Avenue GPA No. 06-02 Mayor Herfert announced the public hearing matter. Assistant 845 S. Sunkist Avenue City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Principal Planner Anderson presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Testimony Closed With no one wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Resolution No. 2006-81 RESOLUTION NO. 2006-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 06-02 AND WESTSIDE AREA PLAN AMENDMENT NO. 6 5 City Council Minutes of October 17, 2006 Motion by Hernandez and seconded by Sanderson to waive further reading of the resolution, read by title only and adopt. Motion carried 4-1 (Herfert no). E-3 Public Hearing Appeal of Conditional Use Permit No. 06-10 and Precise Plan No. 06-12 Applicant: Stephan Mkhitarian • Location: 709 N. Sunset Avenue Appellant: Davinder.Singh (Bob's Liquor and Market) CUP No. 06-10 Mayor Herfert announced the public hearing matter. Assistant 709 N. Sunset Avenue City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Planning Director McIsaac presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. In Favor The following spoke in favor of the appeal (opposed to issuance of Conditional Use Permit and opposed to approval of precise plan). Rosa Howe, West Covina resident, concerned with safety issues with the additional traffic the convenience store would generate. Deana Coyle, West Covina resident, expressed her concerns with the additional traffic that would be generated. Suggested, if appeal denied and project approved, that additional lighting be added to the back of the building and a security camera installed. William Trunnell, West Covina resident spoke on behalf of the owner of Bob's Liquor and Market and residents who signed a petition against the convenience store opposing the proposed conversion of the service station. In Opposition The following speakers spoke in opposition to the appeal (supporting the conversion). Shoghig Yepremian of Yepremian Consulting, representing the applicant, outlined the proposed project and urged the Council to uphold the Planning Commission's decision to approve the Conditional Use Permit and Precise Plan. Gaguik Bagdassarian, Esq., representing the property owner addressed the issues raised by appellants regarding traffic and safety, and stated the property owner is planning on installing a security camera system. Testimony Closed With no further speakers, Mayor Herfert closed the public testimony portion of the hearing. Planning Director McIsaac responded to questions from Council regarding windows, traffic, and parking and stated the CUP is required due to a change to the existing business — it was previously not required. • Mayor Herfert left the dais at 10:17 p.m. Councilmember Sanderson stated she would support the appeal until traffic concerns are addressed. Mayor Herfert returned to the dais at 10:20 p.m. Assistant City Clerk Rush presented: 6 City Council Minutes of October 17, 2006 Resolution No. 2006-82 RESOLUTION NO. 2006-82 - A RESOLUTION OF THE CITY CUP No. 06-10 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 06-10 ON APPEAL OF PLANNING COMMISSION ACTION Resolution No. 2006-83 RESOLUTION NO. 2006-83 - A RESOLUTION OF THE CITY Precise Plan No. 06-12 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 06-12 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Hernandez and seconded by Touhey to waive further reading of the resolutions, read by title only and adopt. Motion carried 4 — 1 with Sanderson voting no. COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. DEPARTMENTAL MATTERS City Manager's Office G-1 Payment of San Gabriel Valley Council of Government Dues SGVCOG Dues Staff report was presented by Assistant to the City Manager Chris Freeland. Mayor Pro Tern Touhey stated he was not on the City Council when the City withdrew from the SGVCOG and supported rejoining. Mayor Pro Tern Touhey also stated he supported the continued partnership with the City of Baldwin Park as a separate transportation committee addressing the 605/10 freeway interchange. Councilmember Hernandez requested his colleagues' support in encouraging the COG to reconsider their voting method of only one vote per City, while dues are commensurate with population. Motion Motion by Touhey and seconded by Herfert to approve payment of the Fiscal Year 2004-2005, Fiscal Year 2005-2006, Fiscal Year 2006-2007 dues for the San Gabriel Valley Council of Governments in the amount $93,506.24 from the Transit and Transportation Program (Prop. A & C) account 121.51.5140.6120. Motion carried 4-1 (Sanderson no) Assistant City Clerk Rush presented: Resolution No. 2006-84 RESOLUTION NO. 2006-84 - A RESOLUTION OF THE CITY Board Representatives COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER HERFERT AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER LANE AS THE ALTERNATE Motion by Touhey and seconded by Herfert to waive further reading of the resolution, read by title only and adopt. Motion carried 4-1 (Sanderson no) • G-2 Request for Qualifications (RFQ) for Specialized Legal Specialized Legal Services Services Staff report was presented by Assistant to the City Manager Chris Freeland. Motion Motion by Touhey to send out for Council's review RFQ's for City Prosecutor, general liability, worker's compensation, environmental, personnel/labor, and bond counsel. 7 City Council Minutes of October 17, 2006 Addendum to motion Councilmember Hernandez seconds the motion and offers an addendum to add redevelopment law counsel. Mayor Pro Tern Touhey does not accept the addendum and Councilmember Hernandez withdraws the addendum. Motions carried 5-0. G-3 Public Dedication to Honor Cory Lidle • Cory Lidle Mayor Herfert requested to form a sub -committee to meet with the family of Cory Lidle for their interest and input in the development of options for some type of public recognition of Cory Lidle, such as the naming of a street and/or a statue. Motion Motion by Herfert and seconded by Touhey to appoint Councilmembers Lane and Touhey as a subcommittee to meet with the Lidle family to receive input for options of a public dedication. Motion carried by 5-0. MAYOR'S/COUNCILMEMBERS' REPORTS Appointment of City Council/City Staff Representatives to San H-1 Gabriel Valley Mosquito & Vector Control District Board of SGV Mosquito Board RepresentativeTrustees Motion Motion by Herfert and seconded by Sanderson to appoint Councilmember Roger Hernandez to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees for a two- year term. Motion carried by 4-0-1(Hemandez abstained). Mayor Pro Tern Touhey H-2 Sex Registrants and Proposed Sexual Predators Laws Sexual Predators Laws A brief staff report was presented by Police Commander Darrell Myrick which will also allow the police department to create "Predator Fee Zones." Assistant City Clerk Rush presented: Resolution No. 2006-85 RESOLUTION NO. 2006-85 — A RESOLUTION OF THE CITY Support of Prop 83 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXPRESSING SUPPORT FOR PROPOSITION 83 — a.k.a. "JESSICA'S LAW" — AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE ACTIONS CONSISTENT THEREWITH Motion Motion by Touhey and seconded by Sanderson to waive further reading of the resolution, read by title only, and adopt. Motion carried by 5-0 to support Proposition 83 "Jessica's Law". Mayor Pro Tem Touhey Authorization for Staff to Proceed with Negotiations for the 14-3 Construction of a New Football Field and Track at West WCHS Field & Track Covina High School A brief overview was provided by Mayor Pro Tern Touhey. Motion Motion by Touhey and seconded by Sanderson to begin negotiations with the West Covina Unified School District • regarding funding support, potentially approving $500,000, and a joint use agreement for the football field and track. Motion carried by 5-0. COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Request from Councilmember Sanderson to Seek Options of a I-1 More Aggressive Coyote Control 9 City Council Minutes of October 17, 2006 • E Motion Motion by Sanderson and seconded by Touhey to bring options for a stronger enforcement of coyotes back to a future meeting. Motion carried by 5-0. COUNCILMEMBER COMMENTS Mayor Pro Tern Touhey gave a verbal AB1234 report regarding the ICSC conference he attended in Palm Springs and a brief overview of a recent Contract Cities conference he attended. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 11:14 p.m. in memory of Cory Lidle and Tyler Stanger. Motion carried 5-0. Sub tted b/L4, Assistant City Clerk Susan Rush 9