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. .
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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.
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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
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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.
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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.
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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).
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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