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02-19-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 19, 2008 Mayor Lane 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 Daniel White St. Christopher's Church PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez, Councilmember Herfert, Sanderson, Touhey Others present: Pasmant, Alvarez-Glasman, Freeland, Rush 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 Council Agenda: Conference with Legal Counsel — Anticipated Litigation — One Case — Alvarez-Glasman stated the matter is concerning Mayor Pro Tern Hernandez and Councilmember Sanderson; Assistant City Manager Fields and City Attorney Alvarez-Glasman excused themselves and special counsel was present. City Manager Pasmant reported that no final action was taken, however, City Council authorized the retention of John Latin to represent Mayor Pro Tern Hernandez in the event litigation is filed. Authorization was approved by a vote to 3-0-1 with Hernandez abstaining. 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 — City Attorney reported the matter was taken off the closed session calendar. CHANGES TO THE AGENDA City Manager Pasmant reported that there was a supplemental report added to Item 1-1, which reports the action of the Traffic Committee as it relates to the item and separate action will be taken. PRESENTATIONS Blue Star Video was aired. Mayor Lane presented Fidel Lemus and his wife, Esther Carrasco- Lemus with a Blue Star Poster recognizing their grandson, Paul Lozano who is currently serving in the United States Navy. City Council Minutes of February 19, 2008 Mayor Lane presented Gloria Vargas with a certificate of recognition for her service as a columnist with the West Covina Highlander. Mayor Lane presented Ms. Carolina Chacon, President of West Covina Beautiful, with a proclamation declaring March 9, 2008 as Arbor Day. Mayor Lane presented Dr. Patricia Cuesta, Principal of Giano Intermediate School with a certificate recognizing Giano Intermediate School for their recent successes. ANNOUNCEMENTS City Attorney Alvarez-Glasman presented an oral report regarding today's action in court of the matter John Scheuplein vs. City of West Covina. The case was dismissed on an anti -slap motion, is on appeal and will be heard next month. ORAL COMMUNICATIONS Royall Brown Royall Brown, West Covina resident, inquired as to opening date of Target and Home Depot at Amar and Azusa; shared his views on the proposed elimination of parking along Valley Boulevard. Forest Wilkins Forest Wilkins, West Covina resident, spoke in opposition to a proposed code amendment related to the sale of alcoholic beverages at service stations. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Council for the adoption of an ordinance, which bans the selling of puppies bred at puppy mills. Fred Sykes Fred Sykes, West Covina resident, shared his concerns of removing parking along Valley Boulevard and the negative impact to surrounding homeowners; spoke in opposition to the selling of alcoholic beverages at service stations. Dana Sykes Dana Sykes, West Covina resident, spoke in opposition to the removal of parking along Valley Boulevard; to fuel rate increase requested by Athens Services; to the sale of alcohol at gas stations. Joanne Wilner Joanne Wilner, West Covina resident, concurred with previous speakers comments in opposition to the sale of alcohol at gas stations; commented on the proposed ordinance regarding the display of "For Sale" signs on vehicles; questioned the value of the high-speed rail station in West Covina; opposed to the Athens Services fuel rate increase; supported the historic preservation ordinance except aspect defining age of historic site. Cynthia Cook Cynthia Cook, Deputy Director of Programming for the National Council on Alcoholism, supported the speakers who spoke in opposition to the sale of alcohol at gas stations. Bob Hoffman Bob Hoffman, West Covina resident, on behalf of the Historical Society of West Covina, thanked Council and staff for the proposed Historic Preservation Ordinance and requested Council adopt the ordinance. Alfred Williams Alfred Williams, West Covina resident, opposed the fuel rate increase request by Athens Services; and opposed the sale of alcohol at gas stations. 2 City Council Minutes of February 19, 2008 Bruce Leinbach Bruce Leinbach, West Covina resident, spoke in opposition to the code amendment allowing sale of alcohol at gas stations. Christina Esparza Christina Esparza, West Covina resident, requested Council consider their position on the sale of alcohol at gas stations. CONSENT CALENDAR Mayor Pro Tern Hernandez requested Item D-6a be removed for separate consideration and Councilmember Herfert requested Item D-5b be removed for separate consideration. City Council Meeting Minutes (receive & file) D-1 No reports for this meeting. D-2 Commission Summary of Actions (receive & file) Commission Summary of Actions a) Planning Commission 02/12/08 Ordinance for Adoption Ordinance for Adoption — Ban on Selling Dogs at West Covina D-3a Pet Stores that are Bred at Puppy Mills Ban on Puppy Mill Dogs Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2169 ORDINANCE NO. 2169 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING PERMIT REQUIREMENTS FOR ALL PET STORES IN THE CITY IN ORDER TO ENFORCE THE FEDERAL ANIMAL WELFARE ACT AND THE CALIFORNIA PET PROTECTION ACT Award of Bid Award of Bid for Amar Road and Lark Ellen Avenue Traffic Signal Modifications — Addition of Left Turn Phase (Project D-4a No. TP-07501) Amar/Lark Ellen Traffic Signals Recommendation is that the City Council accept the quote from Macadee Electrical Construction in the amount of $55,810 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Miscellaneous — Finance Department Proposed Bid Limit Changes as Established in the West Covina D-5a Municipal Code Bid Limit Changes Recommendation is that the City Council introduce the following ordinance: Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VII (PURCHASES AND SALES) INCREASING THE DOLLAR THRESHOLDS AS DEFINED IN SEC. 2-333 AND SEC. 2-334 OF THE WEST COVINA MUNICIPAL CODE This item was removed from the consent calendar for fta•ther discussion. Miscellaneous — Police Department New Ordinance Requiring Identification Cards for In -Home D-5b Service Workers ID Cards Required Recommendation is that the City Council introduce the following ordinance: Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING A 3 City Council Minutes of February 19, 2008 MANDATORY IDENTIFICATION CARD REQUIREMENT FOR EMPLOYEES OR REPRESENTATIVES OF BUSINESSES WHO ROUTINELY PROVIDE IN -HOME SERVICE TO RESIDENTIAL PROPERTIES Miscellaneous — Public Works Amending Section 22-183.1 "Display of For Sale Signs on D-5c Vehicles" of the Municipal Code "For Sale" Signs on Vehicles 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 22- 183.1 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DISPLAY OF "FOR SALE" SIGNS ON VEHICLES Miscellaneous — Planning Department Consideration of Joint Exercise of Powers Agreement and Participation in the Southern California Regional High -Speed D-5d Transport Authority So. Calif. Regional High Speed JPA Recommendation is that the City Council take the following actions: 1. Approve the Joint Powers Agreement ("JPA Agreement') participating in the Southern California Regional High -Speed Transport Authority ("JPA"); and 2. Appoint Councilmember Michael Touhey as the representative and Councilmember Steve Herfert as the alternate to the Southern California Regional High -Speed Transport Authority Board. This item was removed from the consent calendar for further discussion Councilmember Reports Councilmember Michael Touhey Initiation of Code Amendment: Sale of Alcoholic Beverages at D-6a Service Stations Sale of Alcohol at Gas Stations Recommendation is that the City Council adopt the following resolution: Reso No. 2008-8 RESOLUTION NO. 2008-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 08-02 RELATED TO THE SALE OF ALCOHOLIC BEVERAGES AT SERVICE STATIONS AB1234 Conference and Meeting Reports (receive & file) Conference and Meeting Report D-7a League of California Cities — City Manager Department Conference and Meeting Report Conference Recommendation is that the City Council receive and file the report. CONSENT CALENDAR ACTION Motion by Touhey and second by Sanderson to waive further reading of the resolution/ordinances and adopt/introduce and approve all items except Item D-6a and Item D-5b. Motion carried by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None ABSENT: None 2 City Council Minutes of February 19, 2008 Item D-6a Councilmember Michael Touhey — Initiation of Code Amendment: Sale of Alcoholic Beverages at Service Stations — Mayor Pro Tern Hernandez opposed an amendment and stated that allowing the sale of alcohol at gas stations would not be enhancing the quality of life of residents. Councilmember Touhey spoke in support of initiating a code amendment with restrictions that will be developed by the Planning Commission. Councilmember Touhey supported restrictions on the size of the gas station and allowing the sale of beer and wine only. In response to Councilmember Sanderson, City Manager Pasmant stated that with affirmative action by the council, this item would go before the Planning Commission for evaluation and then return to the City Council with a recommendation. Motion Motion by Herfert to adopt the resolution to initiate a study by the Planning Commission to gather more information and to receive further input. Mayor Pro Tern Hernandez stated the previous direction was to have a discussion and not direction to initiate a process. Hernandez inquired as to whether the police department would support such an amendment. Sanderson offers a second to Herfert's motion. Councilmember Herfert stated the initiation of a code amendment was in order and called for the question. Following further discussion, City Attorney Alvarez-Glasman stated by a 4/5°i vote, the call for the question supercedes any further discussion or debate. Sanderson makes a second to the call for the question. Call for the question passes by a vote of 4-1 (Hernandez no). Action taken on main motion to adopt Resolution No. 2008-8 as recommended by staff. Motion carried 4-1 (Hernandez no). Item D-5b Miscellaneous — Police Department New Ordinance Requiring Identification Cards for In -Home Service Workers — Lieutenant LaCommare presented a brief report highlighting the provisions of the ordinance. Councilmember Herfert stated the ordinance is a safeguard for the community. Mayor Pro Tern Hernandez left the dais at 8:15 p.m. Motion Motion by Herfert and second by Lane to introduce the following ordinance: Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING A MANDATORY IDENTIFICATION CARD REQUIREMENT FOR EMPLOYEES OR REPRESENTATIVES OF BUSINESSES WHO ROUTINELY PROVIDE IN -HOME SERVICE TO RESIDENTIAL PROPERTIES Motion carried by the following Roll Call vote: AYES: Herfert, Sanderson, Touhey, Lane 5 City Council Minutes of February 19, 2008 NOES: None ABSENT Hernandez Mayor Pro Tem Hernandez returned to the dais at 8:20 p.m. PUBLIC HEARINGS No hearings for this meeting. COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. DEPARTMENTAL MATTERS Community Services Department G-1 AB2404 Gender Equity Study Findings Gender Equity Study Community Services Director McNeill presented a staff report and PowerPoint of the AB2404 Gender Equity Study Findings as it relates to youth activities in West Covina. The Gender Equity Study addressed Equity of Opportunity, Equity in Facility Access, Equity of Facility Quality and Equity of City Assistance and Benefits. Motion Motion by Sanderson and second by Herfert to receive and file the report. Motion carried 5 — 0. Environmental Management Department G-2 Athens Services Waste Collection Special Interim Fuel Rate Athens Services Rate Increase Increase Environmental Management Director Samaniego presented the staff report stating that Athens Services is requiring an increase in fuel rates and staff has confirmed that the request is appropriate. Motion Motion by Sanderson and second by Hernandez to approve a 1.07% net increase for a special interim fuel rate adjustment to Exhibit E, Schedule of Rates, retroactive to January 1, 2008. Motion carried by 5 — 0. Planning Department G-3 Historic Preservation Ordinance Historic Preservation Ordinance Planning Director McIsaac presented a brief staff report highlighting the major provisions of the ordinance which establishes a voluntary program to assist in preserving the City's historic houses and building. Assistant City Clerk Rush presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE ESTABLISHMENT OF A VOLUNTARY PROGRAM FOR THE PRESERVATION OF HISTORIC RESOURCES Motion Motion by Touhey and second by Sanderson to waive further reading of the ordinance and introduce. Motion carried 5 — 0 by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None MAYOR'S/COUNCILMEMBERS REPORTS AB1234 Conference and Meeting Report Conference & Meeting Report Mayor Pro Tern Hernandez gave a verbal report on his attendance at a NALEO policy institute session he attended. co City Council Minutes of February 19, 2008 COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES, OR INVESTIGATIONS Councilmember Michael Touhey Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Prohibit Street Parking Along I-1 Valley Boulevard Within the Citv's Limits Valley Blvd Parking Councilmember Touhey requested the Council take immediate action tonight in order to coincide with street work being bone by the City of Industry. Motion To receive a 4/5 vote to take action this evening, a motion was entertained by Touhey is seconded by Herfert to place the item on the agenda for action. Motion carried by 4 — I (Hernandez — No). Councilmember Touhey requested the support of council to prohibit parking on the north side of Valley from the eastern city limits to Nogales. Touhey cited several reason for the elimination of parking including safety issues. The City of Industry is currently enhancing the area and the elimination of parking would allow them to continue with the re -striping and slurry seal at their cost. Discussion ensued regarding the affected apartment complexes. Public Works Director Yauchzee stated the managers were notified and there were no formal oppositions. Motion Motion by Sanderson and seconded by Touhey to prohibit street parking along Valley Blvd. from Nogales Street to the easterly city limits. Motion carried 4-0-1. Mayor Pro Tern Hernandez abstained because the affected residents have not had an opportunity to present themselves before council. COUNCILMEMBER COMMENTS Mayor Pro Tern Hernandez requested to agendize an item that would require competitive open bid processes when selling City - owned property. Councilmember Touhey commented on litigation resolved today. Councilmember Herfert requested a brief summary of litigation at the next meeting. ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the meeting at 9:33 p.m. in memory of Nicolas Hurtado, a 10 year -old resident of West Covina, and Randall Simmon, LAPD Swat member. Motion carried 5 — 0. Submi ed by: ssistan't Cify lerk Susan Rush Mayor Sherri Lane 7