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03-06-2007 - Regular Meeting - MinutesO C� MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 6, 2007 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:00 p.m in the City Hall Council Chambers, 1444 W..Garvey Avenue, West Covina. INVOCATION Reverend Brady Rice Faith Community Church PLEDGE OF ALLEGIANCE Led by Mayor Touhey ROLL CALL Mayor Touhey, Mayor Pro Tern Lane, Councilmembers Herfert, Hernandez, Sanderson REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present and prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Labor Negotiators— Miscellaneous Unrepresented Management Employees, including: Assistant City Clerk; Assistant City Manager; Communications Director; Community Development Commission Director; Community Services Director; Environmental Management Director; Finance Director; Fire Chief Director of Human Resources; Planning Director; Police Chief- Public Works Director and City Engineer; Director of Risk Management —Council received briefing from the City negotiator. No action taken and nothing further to report. CHANGES TO THE AGENDA None. PRESENTATIONS Blue Star Video was aired. Mayor Touhey called forward Brad Pollock, Band Director of Nogales High School Noble Marching Band to introduce the bandleaders and the Mayor presented them with certificates of recognition. Mayor Touhey called forward Police Chief Frank Wills to present Corporal Jim Witt with a Resolution of Commendation and a City Tile recognizing him for his 35 years of service to the City. Recess Mayor Touhey recessed the Council meeting at 7:30 p.m. The City Council reconvened at 7:35 p.m. with all members present. ORAL COMMUNICATIONS Dana Sykes Dana Sykes, West Covina resident, addressed trash issues within the City, overflowing trash cans in bus shelters and parks; graffiti; and voiced her opposition to any development at the Civic Center. City Council Minutes of March 6, 2007 O Royall Brown Royall Brown, West Covina resident, addressed drought issues and the need for water conservation and the Chamber's proposal to strengthen the Glendora Avenue strip. Irene Fleck Irene Fleck, West Covina resident, spoke on the West Covina Chamber of Commerce upcoming presentation regarding earthquakes. Joanne Wilner Joanne Wilner, West Covina resident, commented on commercial development at the Civic Center; Chamber's proposal for Glendora Avenue development; and non-smoking ordinance. Philip Estrada Philip Estrada, West Covina resident, commented on Council's failure in meeting obligations to residents and lack of leadership. Natalie Mendoza Natalie Mendoza, West Covina resident, announced the Women's Conference that will be held at Citrus College Campus. Elsie Messman Elsie Messman, West Covina resident, addressed equity in funding to parks citywide and overcrowding on the south side of the City. Alfred Williams Alfred Williams, West Covina resident, addressed concerns of citizen group "Concerned Citizens for a Better West Covina." Herb Redholtz Herb Redholtz, West Covina resident, urged council to take a proactive role along with auto dealers to upgrade or replace the Auto Plaza reader board; addressed positive development in the City. UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Councilmember Herfert Request from Councilmember Steve Herfert Requesting the City Council Support a Resolution Supporting the United C-1 States Conference of Mayors' Climate Protection Agreement Climate Protection Agreement Motion by Herfert and seconded by Lane to bring back a resolution supporting the United States Conference of Mayors' Climate Protection Agreement. Motion carried by 5 - 0. CONSENT CALENDAR Councilmember Hernandez requested Item D-6c, be removed for separate consideration. D-I City Council Meeting Minutes (receive & file) • Special Meeting of December 19, 2006 • Regular Meeting of December 19, 2006 Commission Summary of Actions (receive & file) D-2 a) Human Resources 12/13/06 Summary of Actions b) Planning 02/27/07 Award of Bid D-3a Five Year Extension of Tree Maintenance Contract Tree Mtc Contract Recommendation is that the City Council: 1. Approve a five-year extension to the current amount to West Covina Arborists, Inc. effective April 1, 2007 with a ten percent increase to the current contract amount for City tree maintenance services and authorize the Public Works Director/City Engineer and City Clerk to execute such contract. 2 City Council Minutes of March 6, 2007 2. Appropriate $5,250 from Citywide Lighting and Maintenance District Fund Reserves, to contractual operating budget (Account No. 188.41.4141.6130) to fund the additional expense through the remainder of fiscal year 2006-2007. D-4 City Treasurer's Report (receive & file) OTreasurer's Report Report for the Month of January 2007 D-5 Traffic Committee Meeting Minutes (accept & file) Traffic Committee Minutes I. City of West Covina Request Annual Intersection Collision Rate Report for the Year 2005 (Informational) Traffic Committee Recommendations: That advance warning signs be enhanced at Lark Ellen Avenue and Merced Avenue, Barranca Street and Cortez Street, Glendora Avenue and Walnut Creek Parkway, and Lark Ellen Avenue and Vine Avenue. That staff prepare warrants for the installation of a multi -way stop or traffic signal at the intersection of Cameron Avenue and North Garvey Avenue. That staff consider the addition of left -turn pockets on the north and southbound approaches of Lark Ellen Avenue at Rowland Avenue and add to the CIP Budget for future funding to add left - turn pockets at a cost of $15,000. That staff consider the addition of left -turn pockets on the west and eastbound approaches of Puente Avenue at Lark Ellen Avenue and add to the CIP Budget for future funding to add left - turn pockets at a cost of $15,000. That staff consider the addition of left -turn pockets on the north and southbound approaches of Valinda Avenue at Service Avenue and add to the CIP Budget for future funding to add left - turn pockets at a cost of $15,000. Miscellaneous — Police Department D-6a Amendment to Municipal Code Section 16-53, Impound Personal Property Impoundment of Personal Property Recommendation is that the City Council introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 16- 53(a) OF THE WEST COVINA MUNICIPAL CODE REGARDING THE IMPOUNDMENT OF PROPERTY Miscellaneous - Community Services Department D-6b Swim Lesson Fee for Summer 2007 Swim Lesson Fees Recommendation is that in order to stay competitive, the Municipal Pool should maintain the price of swim lessons at this time. Miscellaneous — Community Development Commission Exclusive Negotiating Agreement Between the City and Main & Main, Inc. for the Purchase and Development of the Proposed D-6c Civic Center Restaurant Pads Main & Main ENA — Pads It is recommended that the City Council approve the 180-day Exclusive Negotiating Agreement with Main & Main, Inc. for the City Council Minutes of March 6, 2007 0 0 potential development of two (2) restaurants within the Civic Center site. Miscellaneous — Public Works Renewal of Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of Engineer's Report D-6d Recommendation that the City Council adopt the following resolutions: Reso No. 2007-10 RESOLUTION NO. 2007-10- A RESOLUTION OF THE Citywide Lighting & MD CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL YEAR COMMENCING JULY 1, 2007 Reso No. 2007-11 RESOLUTION NO. 2007-11- A RESOLUTION OF THE MD No. 4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2007-2008 Reso No. 2007-12 RESOLUTION NO. 2007-12 - A RESOLUTION OF THE MD No. 6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2007-2008 Reso No. 2007-13 RESOLUTION NO. 2007-13 - A RESOLUTION OF THE MD No. 7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2007-2008 CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to waive further reading of the resolutions/ordinance and adopt/introduce, and approve all items except item D-6c. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Lane, Sanderson, Touhey NOES: None. ABSTAIN: None. Item D-6c Exclusive Negotiating Agreement between the City and Main & Main, Inc. for the Purchase and Development of the Proposed Civic Center Restaurant Pads — Councilmember Hernandez stated his concern of any sale of Civic Center property and supported a long term land lease. 11 City Council Minutes of March 6, 2007 Motion by Hernandez that with respect to future discussions for development at the civic center, that it be required that civic center property cannot be sold but only considered for long term land lease. O Following discussion of proposed development of restaurants at the civic center an alternate motion was made by Councilmember Herfert and seconded by Sanderson to approve the Exclusive Negotiating Agreement between the City and Main & Main as recommended by staff. Councilmember Hernandez stated the intent of his motion is that the element of a land sale be taken off the table during negotiations with developers on civic center property. Motion carried 4-1 (Hernandez no) PUBLIC HEARINGS Public Hearing Code Amendment No. 07-01 General Exemption Applicant: City of West Covina Location: Citywide E-1 Mayor Touhey announced the public hearing matter. Assistant Storage Containers City Clerk Rush verified that proper legal notice had been given and Mayor Touhey opened the public hearing. Principal Planner Anderson presented the staff report along with a PowerPoint presentation. The report summarized recommendations for temporary placement of storage containers and for permanent placement of storage containers. Mayor Touhey expressed concern that the temporary placement does not provide an exception to exceed the 14 day limit, stating an example of the need while doing a major remodel. Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for public comments. Lloyd Johnson, West Covina resident, requested verbiage changes within the ordinance regarding the placement in a driveway and proximity to the property line addressing problems a resident will have who has had a storage container on his property for one year. Joanne Wilner, West Covina resident, inquired as to whether permanent containers would need to match the home and requested that containers not be allowed as living quarters. Royall Brown, West Covina resident, questioned the necessity of the ordinance since there have been no resident issues/concerns to warrant it. Craig Melcher, West Covina resident, voiced his concern with long term use and the cost for a permit. O Testimony Closed With no else requesting to address council, Mayor Touhey closed the public hearing. Council Discussion Councilmember Sanderson supported the provisions recommended for temporary placement and reduced fee structure but is concerned with long term placement. 5 City Council Minutes of March 6, 2007 Mayor Pro Tern Lane requested the extension term for a temporary container be limited to one year only and requested set back to be 10 ft. to not be visual to neighbors. Councilmembers concurred with not supporting long term placement and Councilmember Herfert suggested temporary O placement for no longer than one year on a trial basis. Motion Motion by Hernandez to amend the proposed ordinance with the removal of the option for the placement of any temporary container beyond one-year and no permanent placement. Councilmember Sanderson did not support limiting the placement to only one-year as there is often a need beyond one-year with construction. Mayor Touhey also voiced concerns and suggested permanent containers be limited to only one and be of the same likeness in color as the home and that the set back of containers be aligned with the preexisting set back the property currently has. Substitute motion Substitute motion offered by Sanderson to approve the Planning Commission recommendation for temporary placement of storage containers, no permanent placement and to review after one year. Second on original motion Mayor Pro Tern Lane offers second to Councilmember Hernandez's motion. Second on substitute motion Councilmember Herfert offers second to substitute motion if Councilmember Sanderson will allow an amendment adding grandfather clause to existing containers. Councilmember Sanderson agrees to amendment. Following discussion regarding the grandfathering of existing containers, Councilmember Hernandez amends his motion to include the grandfathering of containers. Action on original motion Motion failed with a vote of 2-3 (Herfert, Sanderson, Touhey no). Sanderson stated she will not support a limit of only one year for temporary containers. Action on substitute motion Motion carries by a vote of 3-2 (Hernandez, Lane no). Council concurs with Planning Director McIsaac's suggestion that the alternate language be developed and returned for introduction at the following meeting and the grandfather provision be allowed during a window of opportunity only. COMMUNITY DEVELOPMENT COMMISSION Mayor Touhey recessed the City Council meeting at 9:21 p.m. to convene the Community Development Commission meeting. The City council reconvened at 9:22 p.m. with all members present. DEPARTMENTAL MATTERS POLICE DEPARTMENT 0 G-1 Residency Requirements of Sex Registrants Residency Requirements Police Lieutenant Mark Dettor presented a brief staff report, which states that the recently approved proposition 83 "Jessica's Law" allows local jurisdictions to enact local ordinances, which may restrict areas where a registered sex offender may live. Mayor Touhey left the dais at 9:25 p.m. Assistant City Clerk Rush presented the following ordinance. 6 City Council Minutes of March 6, 2007 • • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO INCLUDE RESIDENCY REQUIREMENTS OF SEX REGISTRANTS Motion by Sanderson and seconded by Herfert to waiver further reading of the ordinance, read by title only and introduce. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Sanderson, Lane NOES: None ABSENT: Touhey Mayor Touhey returned to the dais at 9:28 p.m. Mayor Touhey requested reconsideration of the vote in order for his vote to be on the record. Motion by Herfert and seconded by Sanderson to reconsider the vote on the ordinance introduction. Motion carried 4-0. Motion by Herfert and seconded by Hernandez to introduce the aforementioned ordinance. Motion carried 5-0. MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Mayor Touhey Request from Mayor Michael Touhey Seeking the City Council's Consensus Regarding the West Covina Chamber of Commerce's Proposal to Strengthen the Glendora Avenue I-1 Strip Chamber Proposal Mayor Touhey requested Chamber of Commerce's proposed improvements to the Glendora Avenue Strip be brought to the next meeting for consideration. Motion by Sanderson and seconded by Herfert to bring this item to the next meeting. Motion carried 5-0. COUNCILMEMBER COMMENTS Mayor Pro Tem Lane addressed the commitment and time that Councilmembers give for their community in response to harsh words directed at the Council during Oral Communications. Councilmember Herfert addressed recent actions of the subcommittee that is working towards the 10/605 Interchange upgrades. ADJOURNMENT Motion by Sanderson and seconded by Touhey to adjourn the meeting at 9:30 p.m. in memory of retired Los Angeles County Sheriff Louis G. Kim. Subri 4d by: Assistant C4 Clerk Susan Rush NIP OIL& Mayo Michael Touhey 7