10-17-2006 - Regular Meeting - Minutes•
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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.
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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
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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
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City Council Minutes of October 17, 2006
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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
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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:
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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.
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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
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City Council Minutes of October 17, 2006
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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
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