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01-19-2010 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 19, 2010 Mayor Pro Tern Herfert called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Nestor Rebong St. Christopher's Church PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Pro Tern Herfert Councilmembers Hernandez, Lane, Touhey Absent: Mayor Sanderson REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present for closed session with the exception of Mayor Sanderson. 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 — Existing Litigation — Chung vs. City of West Covina — City Attorney reported that Councilmember Hernandez did not participate in the discussion. Council received a briefing from special counsel; direction was provided with no further action to report. Conference with Legal Counsel — Existing Litigation — Mendoza, et al vs. City of West Covina — City Attorney stated that all members participated in the discussion except Mayor Sanderson who was absent. By unanimous vote, direction was provided to the City Attorney's office to take action to file a motion for a new trial and possible appeal. Conference with Legal Counsel — Anticipated Litigation — One case. City Attorney reported that Councilmember Hernandez did not participate in the discussion and that direction was provided to special counsel with no action taken and nothing further to report. CHANGES TO AGENDA City Manager Pasmant announced a change to Item D-6a, Surplus Equipment, stated that a memo was sent to Council regarding the Action Food Pantry's request for a donation of the 1991 GMC truck (P39S). City Manager asked that this equipment be pulled from the list and the memo reconunended on how to pay for it with the possible use of grants and asked the Council for their consensus. Council agreed to have the truck removed from the surplus list for consideration to the Food Pantry.. City Manager announced that the applicant/appellant, Foothill Transit for Item E-2, Appeal Hearing of Precise Plan No. 07-07, Conditional Use Permit No. 08-05, Negative Declaration of Environmental Impact, Applicant/Appellant: Roland Cordero (Foothill Transit) requested to continue the matter in two weeks and asked for City Attorney's direction procedure. City Council Minutes of January 19, 2010 City Attorney stated it would be appropriate, if Council wishes to continue the matter, to open the hearing and continue to a date certain without receiving testimony tonight. City Manager also reported that Item H-2, Annual Appointment of City Council Representatives to Other Agencies — would be continued to the next meeting due to Mayor Sanderson's absence. PRESENTATIONS Mayor Pro Tern Herfert called forward Dr. Denise Patton, Principal of San Jose Edison Academy to recognize San Jose Edison for receiving the U.S. Department of Education Blue Ribbon Award. Mayor Pro Tern Herfert presented Shannon Yauchzee, Public Works Director two environmental leadership awards for the City, the 2009 Fleet Environmental Leadership Award and the 2009 Government Green Fleet Award. Mayor Pro Tern Herfert called forward Mr. Ralph Aranda, SCMAF Past President and Pico Rivera Parks and Recreation Director who presented Mike Cresap, City of West Covina Recreation Supervisor with a distinguished professional award. ORAL COMMUNICATIONS Chris Johnson Chris Johnson, West Covina resident, spoke in support of Tacos j Hernandez, stated the owner is just trying to make a living and also stated their old location was convenient. Olga Lepe Hernandez Olga Lepe Hernandez, West Covina resident and owner of Tacos Hernandez, requested to be allowed to return her catering truck to her old location at Garvey and Citrus. City Manager responded that Ms. Lepe's request to operate at the requested location was denied as the request to place the truck at that location does not comply with the City's municipal code regulations. Ms. Lepe did file an appeal and had been informed that she must request to operate at a location that does comply with the City's code. Diep Patel Diep Patel, West Covina resident, addressed the recent process he had to go through for installing solar panels and stated the process violates specific laws; recommended ways to enhance the solar panel permit process in West Covina. Fredrick Sykes Fredrick Sykes, West Covina resident, addressed the passing of resident Milford Walker; senior housing project on Workman Avenue expressing concerns with the project cost. Chastity Burr Chastity Burr, Covina resident, spoke on behalf of Tacos Hernandez voicing her support of allowing Tacos Hernandez to return to their prior location of business. Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the passing of West Covina residents Bill Dunn and Milford Walker; supported parking structure proposed by Foothill Transit. CONSENT CALENDAR City Council Meeting Minutes (receive & file) D-1 Regular Meeting of July 21, 2009 Minutes Regular Meeting of August 18, 2009 2 City Council Minutes of January 19, 2010 Special Meeting of September 1, 2009 Regular Meeting of September 1, 2009 Special Meeting of September 15, 2009 Regular Meeting of September 15, 2009 Special Meeting of October 6, 2009 Regular Meeting of October 6, 2009 Special Meeting of October 20, 2009 Regular Meeting of October 20, 2009 D-2a Commission Summary of Actions (receive & file) Commission Summary of Actions Planning Commission 12/08/09 Ordinance for Adoption (adopt) Ordinance Approving Zone Change No. 09-01 Applicant: Tom Corley, Pacific Development D-3a Location: 1838 E. Workman Avenue Ordinance No. 2199 ORDINANCE NO. 2199 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 09-01 Ordinance Amending chapter 26 (Zoning) Related to Low and Moderate -Income and Senior Housing and Density Bonuses D-3b (Code Amendment No. 09-03) Ordinance No. 2200 '. ORDINANCE NO. 2200 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO. 09-03) D-4 , Traffic Committee Minutes — December 15, 2009 Traffic Committee Minutes a. Accept and file the following minutes of the Traffic Committee Meeting of December 15, 2009. I. Request — City Initiated That the traffic condition on Virginia Avenue from Barranca Street to Grand Avenue be reviewed. Traffic Committee Recommendations: That stop signs, stop ahead signs, and appropriate pavement markings be placed on the west and eastbound approaches of Virginia Avenue at Mesa Drive. That Virginia Avenue from Barranca Street to Grand Avenue be posted at 25 miles per hour. That the radar trailer be utilized to make drivers aware of their vehicle speed along Virginia Avenue and that the Police Department increase speed enforcement as feasible. II. Request - Jose Victoria, West Covina Resident That the installation of a traffic signal be considered at the Hollenbeck Avenue and Vine Avenue intersection. Traffic Committee Recommendation: That additional stop signs be installed at the centerline of Hollenbeck Avenue in four -foot wide raised medians for the north and southbound approaches at Vine Avenue. b. It is recommended that the City Council introduce the following ordinance to reduce the speed limit on Virginia Avenue from 35 miles per hour to 25 miles per hour [refers to Traffic Committee Item I): 3 City Council Minutes of January 19, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22- 131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS (VIRGINIA AVENUE) D-5 City Treasurer's Report (receive & file) Treasurer's Report Report for the Month November 2009 Miscellaneous — Finance Department D-6a Surplus Equipment Surplus Equipment Recommendation is that the City Council authorize the sale of the surplus vehicles by public auction company, US Auctions, in accordance with Section 2-316 of the West Covina Municipal Code. Councilmember Hernandez thanked speaker Mr. Patel for his comments regarding solar panel permits and requested staff return with a report in which the Council can review the current permit process. Councilmember Hernandez expressed his concern with the mobile food vendor and requested the item be brought back to council for review. Commenting on the tragic death of El Monte School Boardmember Bobby Salcedo in Mexico, Councilmember Hernandez requested the City Council consider the adoption of a resolution requesting Federal and State leaders to join with Mexican Government leaders to take action on curbing such activity and violence. CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Lane to approve the consent calendar as recommended with the removal of vehicle P39S from the Surplus Equipment list. Motion carried by 4 — 0. Mayor''Pro Tem Herfert requested item G1 — Selection of Dates for the Annual Independence Day Celebration be brought forward for consideration. DEPARTMENTAL MATTERS Selection of Dates for the Annual Independence Day G-1 Celebration 4th of July Celebration Community Services Manager Smilowitz presented a brief staff report which summarized. the request of the Muscular Dystrophy Association (MDA) who partners with West Covina for the event, to hold the event for two days on July 3 and July 4 in order to maximize the MDA's fundraising potential. Motion by Hernandez and seconded by Touhey to approve the request from the MDA to hold the annual Independence Day Celebration for two days, July 3 and July 4, 2010. Motion carried 4-0. 11 City Council Minutes of January 19, 2010 PUBLIC HEARINGS Public Hearing Zone Change No. 09-02 Applicant: City of West Covina and Frank Rizzi for F & C Corporation E-1 Location: 845 and 855 N. Lark Ellen Avenue Zone Change 09-02 Mayor Pro Tem Herfert announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Pro Tern Herfert proceeded to open the public hearing and Principal Planner Jeff Anderson presented a brief report summarizing the request for a zone change, which currently is not consistent with the General Plan. Motion by Touhey and seconded by Hernandez to introduce the following ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 09-02 Motion carried 4-0. Appeal Hearing Appeal of Precise Plan No. 07-07 Appeal of Conditional Use Permit No. 08-05 Appeal of Tree Removal Permit No. 08-05 Negative Declaration of Environmental Impact E-2 Applicant/Appellant: Roland Cordero (Foothill Transit) Foothill Transit Councilmember Touhey recused himself from discussion and participation due to his contract with the Charles Company. Councilmember Touhey left the Chambers at 7:54 p.m. Motion by Lane and seconded by Hernandez to continue the hearing to February 2, 2010 Motion carried 34. COMMUNITY DEVELOPMENT COMMISSION Mayor Pro Tern Herfert recessed the City Council meeting at 7:54 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 7:55 p.m. with all councilmembers present except Councilmember Touhey. At 8:03 p.m. Mayor Pro, Tern Herfert recessed the City Council meeting and reopened the Community Development Commission (CDC) meeting. At 8:04 p.m. the City Council reconvened with all members present. DEPARTMENTAL MATTERS Selection of Dates for the Annual Independence Day G-1 Celebration 4th of July Celebration Item moved forward and discussed following Consent Calendar. Councilmember Touhey returned to his seat at the dais at 7:50 p.m. I _ 5 City Council Minutes of January 19, 2010 MAYOR'S/COUNCILMEMBERS REPORTS Mayor Shelley Sanderson Restructuring of City Commissions' Appointment Process, H-1 Commission Sizes & Compensation Commission Appointment Process Motion by Touhey and seconded by Lane to introduce the following ordinance to restructure the commissioner appointment process. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE III OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE REGARDING ADVISORY COMMISSIONS Motion carried 3-1 (Hernandez —No) Mayor Shelley Sanderson Annual Appointment of City Council Representative to Other H-2 Agencies Liaison Appointment This item held over to subsequent meeting due to the absence of the Mayor. COUNCILMEMBER COMMENTS Councilmember Hernandez reiterated his earlier request for a resolution to Federal and State leaders regarding Bobby Salcedo. Mayor Pro Tem Herfert also requested letter from the Mayors be sent along with the adoption of a resolution. CDC meeting reopened Mayor Pro Tem reopened the Community Development Commission at 8:03 p.m.. The City Council meeting reconvened at 8:04 p.m. with all members present. ADJOURNMENT Sub t ed by: Assistdrit City Clerk Susan Rush City Manager Pasmant requested clarification on Council direction regarding request from the Food Pantry for donation of pickup truck. Council consensus for the city staff to work with the Action Food Pantry for the best resolution. Mayor Pro Tem Herfert expressed condolences to the victims of the Haiti earthquake. Motion by Touhey and seconded by Herfert to adjourn the meeting at 8:07 p.m. in memory of the following: • Jerry Jackson, father of Assistant City Clerk Sue Rush • Tim Rodgers Sr., father of WC Police Sgt. Tim Rodgers • Angelina Smilowitz, mother of Community Services Manager Scott Smilowitz • Milford Walker, long time resident • Ruth House, West Covina resident Patricia Oldham, mother of resident Sue Aguino • Bill Dunn, former West Covina resident and WC High Schoolcoach • Bobby Salcedo, El Monte School District Board Member