03-06-2007 - Regular Meeting - MinutesO
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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
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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.
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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
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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.
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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.
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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.
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City Council Minutes of March 6, 2007
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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
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