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.
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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
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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
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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
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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.
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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
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