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02-16-2010 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 16, 2010 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant, City Manager PLEDGE OF ALLEGIANCE Mayor Sanderson ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert Councilmembers Hernandez, Touhey Absent Councilmember Lane REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present with the exception of Councilmember Lane and prior to convening into closed session, all items on the City Council and CDC agendas were announced for inclusion in the closed session discussion as posted on the agendas. Items on the City Council agenda: Conference with Legal Counsel — Existing Litigation — Chung vs. City of West Covina — Councilmember Hernandez did not participate; direction was provided to special legal counsel with no final action and nothing further to report. Conference with Legal Counsel — Anticipated Litigation — One case — Councilmember Hernandez did not participate; no action was taken and nothing further to report. Conference with Legal Counsel — Anticipated Litigation — One case — L.A. County vs. Office Depot — Council authorized joining litigation with L.A. County consistent with the terms expressed in Closed Session reference Superior Court Case BC410135. Conference with Labor Negotiators — Employee Organizations: W. C. Police Officers' Association, W. C. Police Management Association, W. C. Firefighters Association, I.A.F.F., Local 3226, W. C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non - Sworn Safety Support Employees, General Employees, Mid - Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dirt, Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management — Council received briefing with no action taken and nothing further to report. Items on the Community Development Commission Agenda: Conference with Real Property Negotiators: Property: 1420 S. Willow Avenue — CDC voted 3 — 1 (Hernandez — No) to authorize the sale of the property to Michael Shu consistent with the terms expressed in Closed Session. CHANGES TO THE AGENDA No changes. City Council Minutes of February 16, 2010 PRESENTATIONS ORAL COMMUNICATIONS Beverly Yanuaria Beverly Yanuaria, outreach coordinator/community educator for Search to Involve Pilipino Americans (SIPA), addressed proposed Tobacc6 License Ordinance to reduce youth access to tobacco. Juan Espinoza Juan Espinoza, Baldwin Park resident, shared his experience with minors being sold tobacco and also supported Tobacco Retail License Ordinance. Zodin Del Rosario Zodin Del Rosario, outreach coordinator for SIPA, spoke on efforts for public tobacco awareness and voiced support for Tobacco Retail License Ordinance. Bill Hosn Bill Hosn, West Covina resident, addressed mobile food vendor ordinance and restrictions. Lydia Solis Lydia Solis, West Covina resident, spoke in support of Tobacco Retail License Ordinance. Joanne Wilner Joanne Wilner, West Covina resident, expressed desire for return of meetings to cable and internet; concerned with sign at Westfield that resembles a billboard; opposed to pay for permit to park vehicles during street sweeping; stated the leagues at Del Norte should pay for additional electrical costs to keep lights on later. Fred Sykes Fred Sykes, West Covina resident, thanked councilmember Roger Hernandez for appointing him to the Human Resources and Planning Commissions; addressed restructuring of commissioner appointments; spoke on the park and ride project proposed by Foothill Transit at the last council meeting. Herb Redholtz Herb Redholtz, West Covina resident, expressed his support of Police Chief Wills and the police department; addressed recent election and voters choices; addressed campaign financing of committee supporting Measure D at last election in November. Cynthia Santana Cynthia Santana, West Covina resident, support Tobacco Retail License Ordinance. Alfred Williams Alfred Williams, West Covina resident, addressed the filing of campaign forms for committee "Concerned Citizens of West Covina"; addressed Councilmember Herfert's request to have a report regarding campaign finance laws at last meeting. Councilmember Herfert responded to comments by speaker regarding ballot measure D and alleged the lack of transparency of monetary contributors. Councilmember Hernandez spoke in defense of the group's campaign filing and stated the group did properly disclose by disclosing their unpaid debt. Mayor Sanderson addressed a speaker's question regarding a sign at Westfield advising the resident to contact the Planning Department. . 2 City Council Minutes of February 16, 2010 ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Mayor 's/Councilmembers Reports C-1 Annual Appointment of City Council Representatives to Other Appointments to Other Agencies Agencies This item was carried over to the next meeting due to Councilmember Lane's absence. CONSENT CALENDAR Mayor Pro Tem Herfert requested Item D-4, Traffic Committee Minutes of January 26, 2010 be removed. from the consent calendar for separate consideration. D-1 City Council Meeting Minutes (receive & file) Minutes • Special Meeting of January 19, 2010 • Regular Meeting of January 19, 2010 D-2 Claims Against the City of West Covina Claims Government Tort Claim Denials (deny & notify claimant) Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Benigna Fe vs. City of West Covina • Marisela N. Quintanilla vs. City of West Covina • Madeline Chandler vs. City of West Covina • Guadalupe Avalos vs. City of West Covina • Theodores Kezios vs. City of West Covina • Leilani Dalumpines vs. City of West Covina D-3 Ordinance for Adoption Code Amendment No. 08-01 Code Amendment No. 08-01 Non -Residential Zone Code Update Ordinance No. 2204 ORDINANCE NO. 2204 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO DEFINITIONS; PROCEDURE, HEARINGS, NOTICES, FEES AND CASES; NONRESIDENTIAL ZONES; MASSAGE PARLORS AND BATHHOUSES; AND ON -SALE ALCOHOL LICENSES SECTIONS OF THE MUNICIPAL CODE (CODE AMENDMENT NO. 08-01) The following item was removed from the consent calendar for separate consideration. See motion and action taken following Consent Calendar Action for f nal disposition. D-4 Traffic Committee Minutes - January 26, 2010 - (accept & file) Traffic Committee I. Request Michael Sandello, West Covina Resident That the traffic condition on Vanderhoof Drive from Citrus Street to Mesa Drive be reviewed. Traffic Committee Recommendation: That 25 miles per hour speed limit signs with radar enforced plates be installed on eastbound Vanderhoof Drive west of Mesa Drive. That Centerline on approaches to the intersection of Vanderhoof Drive and Mesa Drive be painted and marked with raised reflective pavement markers. That side road sign (W2-2) be installed on Vanderhoof Drive east of Mesa Drive. 3 City Council Minutes of February 16, 2010 D-5 Miscellaneous — City Clerk's Office Destruction of Documents Destruction of Documents as Prescribed by Law Recommendation is that the City Council adopt the following resolution authorizing the destruction of specific records: Resolution No. 2010-5 RESOLUTION NO. 2010-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items on the Consent Calendar as recommended except Item D-4 — Traffic Committee Minutes — January 26, 2010 — pulled for separate vote by Councilmember Herfert. Motion carried by 4 — 0. City Attorney Alvarez-Glasman noted for the record that under the Brown Act, a councilmember who lives within 500 feet of an area under consideration by the Council may not participate in the discussion. Mayor Sanderson left the room and did not participate in discussion on Item D-4. Item D-4 Traffic Committee Minutes — January 26, 2010 L Request — Michael Sandello, West Covina resident That the traffic condition on Vanderhoof Drive front Citrus Street to Mesa Drive be reviewed. Motion Motion by Herfert and seconded by Touhey to support the alternative recommendation to install stop signs and marking on Vanderhoof Drive at each direction. Councilmember Hernandez inquired into the additional cost of the stop sign option and expressed his concern that other areas have a greater need for this type of mediation and stated he would not support the expenditure and will abstain, as it is not based on priority or need. Discussion ensued. Motion failed to meet the majority vote of the membership for an expenditure by 2 — 1 (Hernandez - Abstained). Mayor Pro Tern Herfert asked to have the item reagendized to the next meeting. PUBLIC HEARINGS Public Hearing E-1 Restricting Parking Citywide During Street Sweeping Hours Restrict Parking on Street Mayor Sanderson announced the hearing matter and Assistant City Sweeping Days Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then opened the public hearing and Public Works Director Yauchzee presented the staff report giving an overview of parking restriction options on street sweeping days and hardship exceptions and proposed fees for exemption permits. Public Testimony Mayor Sanderson proceeded to open the public testimony portion of the meeting and called for public comments. In Favor The following speakers spoke in favor, of restricted parking on street sweeping days. Those in favor cited that no parking on street sweeping days does work and several speakers expressed concerns with exemption permits. Michael Miller, president of the Chamber of Commerce 11 City Council Minutes of February 16, 2010 Mike Stella, West Covina resident Ed Schneider, West Covina resident Bonnis Herd, West Covina resident Adolf Schultheiss, West Covina resident Gustave Smith, West Covina resident Frank Ferrero, West Covina resident Lola Fennely, West Covina resident, supported restricted parking and also addressed undeveloped area at Amar and Azusa center and the decorum of the council. Opposed The following speakers spoke in opposition to restricted parking on street sweeping days. Opponents cited that there is no place to park their cars during street sweeping hours, objected to exemption permit fee; additional expenditures for signage; and several complained about the inefficient job the sweeper is currently doing. Lenore Solar, West Covina resident expressed concern with parking around schools on street sweeping days not allowing streets to be swept. Andrew Jaime, West Covina resident Caroline Chase, West Covina resident Terri & Mike Disarufino, West Covina residents Brian Stefanko, Wesf Covina resident Jerry McEluain, West Covina resident Carlton Ellis, West Covina resident Jay Choate, West Covina resident Patricia Torres Choate, West Covina resident Dave Barrile, West Covina resident Jessica Maxey-Barrile, West Covina resident Pat Murray, West Covina resident . Paula Stefanko, West Covina resident Arc Urquidi, West Covina resident Roland Claxton, West Covina resident Jim Morton, West Covina resident Hummaira Hussain, West Covina resident George Lozynsky, West Covina resident Armando Sanchez, West Covina resident Cydna Spelman, West Covina resident Marchia Stone, West Covina resident Linda Jaime, West Covina resident Bill Smith, West Covina resident Fred Sykes, West Covina resident Joanna Cole, West Covina resident Alicia Rodarte, West Covina resident Lupe Barajas, West Covina resident Royall Brown, West Covina resident Henry Christopher Magana, West Covina resident Ann Olvera, West Covina resident Norma Ingram, West Covina resident Michael Rivera, West Covina resident Camie Poulos, West Covina resident Charles Benson, West Covina resident S. Hidalgo, West Covina resident Neutral Bill Robinson, West Covina - resident, commented on ineffectiveness of parking restrictions and budget concerns. Close Testimony There being no one else to address the council, Mayor Sanderson closed the public testimony portion of the hearing. 61 J City Council Minutes of February 16, 2010 Motion Motion by Touhey and seconded by Herfert to deny the proposal to restrict parking during street sweeping days. Council discussion followed and it was the consensus of the council to not impose parking restrictions on street sweeping days at this time. Mayor Pro Tem Herfert did inform residents that the city does have a process to petition for no parking on street sweeping days within their own neighborhood or street through the Public Works Department. Action Motion carried 4 — 0. E-2 Public Hearing Del Norte Park Master Plan Amendment No. 2 Categorical Exemption Applicant: City of West Covina Del Norte Park Lighting Location: Del Norte Park, 1598 W. Rowland Avenue Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to open the public hearing and Principal Planner Jeff Anderson presented the staff report detailing the proposal to amend Del Norte Park Master Plan to extend lighting until 10:15 p.m. Monday through Saturday and Sunday until 9:00 p.m. due to the increase in the number of teams in the league. Public Testimony Mayor Sanderson proceeded to open the public testimony portion of the meeting and called for public comments. Jerry Curcio, President West Covina National Little League, addressed Council on the need of extended lights with the increase in the league size. Mr. Curcio stated he knew the concerns of the residents and has taken steps to ensure their needs are met. Close Testimony There being no one else to address the council, Mayor Sanderson closed the public testimony portion of the hearing. Motion Motion by Touhey and seconded by Hernandez to adopt the following resolution. Motion carried by 4 — 0. Resolution No. 2010-6 RESOLUTION NO. 2010-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING DEL NORTE PARK MASTER PLAN, AMENDMENT NO.2 Councilmember Herfert left the meeting at 10:58 p.m. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the Council meeting at 10:58 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 10:59 p.m. DEPARTMENTAL MATTERS G-1 2009-10 Fiscal Year Mid -Year Budget Update 2009-10 Mid -Year Budget Update Mayor Sanderson announced the item and Assistant City Manager Bachman presented the report including a Powerpoint presentation outlining the status of the General Fund, Revenue Decreases, Property Tax, Sales Tax, and interest income and increasing costs. Council discussion Councilmember Hernandez complimented staff for presenting a thorough and easy to understand report and commented on the need for residents to avail themselves of this information. 2 City Council Minutes of February 16, 2010 Councilmember Touhey inquired as to whether information can be included in Discover West Covina for all residents. Motion Motion by Touhey and seconded by Hernandez to receive and file the report but not approve staff's recommendation to appropriate $25,000 from, account number 172.83.8812.7900 to account number 172.xx.xxxx.xxxx for the purchase/installation of rink - curtains at the West Covina Roller Hockey Facility and to purchase tables, chairs, canopies and trash cans at City recreational facilities. Motion carried by 3 — 0. MAYOR'S/COUNCILMEMBERS REPORTS Councilmember Roger Hernandez H-1 Report on the Permit Process and* Fee Structure for Solar Solar Panel Installation Permits Panel Installation Councilmember Hernandez announced the subject matter and stated the city's permit process fee is competitive if not better than the industry average and moved to receive and file the report. Alternate Motion Councilmember Touhey made an alternate motion to waive all permit fees for the installation of solar panels to encourage the use of solar panels; seconded by Hernandez. Motion carried by 3 — 0. Councilmember Roger Hernandez H-2 Tobacco Retail -Licensing Ordinance to Reduce Youth Access to Tobacco Tobacco Retail Licensing Councilmember Hernandez urged approval to move forward and develop'a tobacco retail -licensing ordinance to reduce youth access to tobacco. Councilmember Touhey did not support due to concerns with the fees imposed on businesses and the ability to enforce the ordinance. Mayor Sanderson requested the item be brought back to a future meeting for further information. Motion Motion by Touhey and seconded by Hernandez to bring this item back to a future meeting. Motion carried by 3 — 0. COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Roger Hernandez Request from Councilmember Roger Hernandez Instructing H-1 City Staff to Prepare a Report for the City Council to Funding to Televise Meetings Reconsider Providing Funding to Televise City Council Meetings Councilmember Hernandez requested consensus to have staff return with a report to have City Council reconsider funding to televise City Council meetings. Council discussion ensued with Councilmember Touhey requesting to agendize a report to consider using Granicus for audio streaming of the council meetings on the City's website. Motion Motion by Hernandez to direct staff to prepare a report on funding the televising of City Council meetings. Motion died due to lack of a second. Alternate Motion Motion by Touhey and seconded by Sanderson to receive and file this report. Motion carried 2- 1 (Hernandez — No). 7 City Council Minutes of February 16, 2010 ADJOURNMENT Motion by Hernandez and seconded by Touhey to adjourn the meeting at 11:50 p.m. in memory of Mrs. Carrillo, City of Azusa resident, mother of Azusa Mayor Pro Tem Uriel Macias. Motion carried by 3 0. Submitted by: Assistanf-City Clerk Susan Rush ayor helley Sanderson