Loading...
09-06-2011 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION September 06, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:06 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE Mayor Pro Tern Touhey ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson CHANGES TO THE AGENDA None PRESENTATIONS None REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Matt Gorman reported the following: Prior to convening into closed session, all items on the City Council/Community Development Commission agenda were announced for inclusion in the closed session discussion. All members were present. Items on the agenda: Conference with Legal Counsel — Existing Litigation — Irma Herrera v. CWC — Council received a report from staff and City Attorney's Office. The Council voted 4 -1 (Sanderson — No) to accept a settlement offer to pay $1.5 million in exchange for a full and complete dismissal of the case. No further information to report. Conference with Legal Counsel — Existing Litigation — Christopher Chung v. CWC — Special Council provided the Council with a report and direction was provided to Special Council with no further action and nothing further to report. Conference with Real Property Negotiators - Property Assessor Parcel Number Civic Center Property; McIntyre Square Assessor Parcel No. 8480-016-002, 032, 033; and 811 South Sunset Avenue - Reports were provided by staff to the CDC; direction was provided to Staff with no further action and nothing further to report. ANNOUNCEMENTS Mayor Herfert recognized the following individuals who have recently passed away and in whose names the meeting will be adjourned this evening: Jose Robles, nephew of Sandy Galvez, City Manager's Office Monica Alday, sister of Margaret Garcia, City Clerk's Office Loretta Scheliga, mother of Don and Vickie Scheliga Denise Schubin, long-time resident Don McFadden, father of former Councilmember Bradley McFadden City Council/CDC Minutes September 06, 2011. ORAL COMMUNICATIONS Armando J. Sanchez Armando J. Sanchez, West Covina resident, addressed notifying residents of City meetings and asked that meetings be televised. City Manager Pasmant explained that audio recordings of City Council meetings are available including live audio recordings. Alfred Williams Alfred Williams, West Covina resident, addressed concerns of city trees maintenance in the paseo; residential yard maintenance at residence at Adrienne and Betsey; and cable access to meetings. Robert Sotelo Robert Sotelo, West Covina resident, spoke on recycling plastic and paper grocery bags and the prospect of stores charging residents for use; and addressed other issues of concern within the City. Norvelle A. Harris, MD Norvelle A. Harris, MD, speaking on behalf of Sunset Surgical Center, invited Council to a free health fair on September 29, 2011. Fredrick Sykes Fredrick Sykes, West Covina resident, requested clarification of a staff report attachment from the Special Meeting of August 23, 2011. Mayor Herfert briefly explained the subject matter of the attachment stating it was a result of State legislation eliminating redevelopment. agencies and that the City had to take action. He then called forward Assistant City Manager Thomas Bachman to further explain. Bachman addressed the financial aspects involved and explained how the City would recover lost revenue to offset the State's actions that would've resulted in lost income to the City. Tommy Garcia Tommy Garcia, West Covina resident and employee, addressed the City employees and the quality work they perform for the City and inquired as to why budget issues are often balanced on the back of the dedicated employees, and asked that City management develop innovative ways to solve the City's budget problems. Councilmembers commented on budget issues and the tough decisions. Robert Reyes Robert Reyes, West Covina resident, speaking on behalf of the Filipino Community, requested the City engage minority ethnic groups into the City; opposed the Continuum ordinance to continue the operation of the CDC. Wen Wen Zhang Wen Wen Zhang, West Covina Librarian, reported on the successful library summer programs and success of the West Covina Library branch; announced upcoming library programs. Rudy Almeida Rudy Almeida, Hacienda Heights resident, addressed the upcoming election. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Special Joint Council/CDC Meeting Minutes of July 5, 2011 Minutes Regular Joint Council/CDC Meeting Minutes of July 5, 2011 Commission Summary of Actions (receive & file) 2) Community Services Community Services Commission - May 10, 2011 3) Planning Commission Planning Commission — July 12, 2011 & July 26, 2011 4) Senior Citizens Commission Senior Citizens Commission — April 28, 2011 2 City Council/CDC Minutes September 06, 2011 Claims Against the City 5) Government Tort Claim Denials (deny & notify claimant Claims Against the City Recommendation is that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. Raymond A. Mata vs. City of West Covina Thomas Mayer vs. City of West Covina Elizabeth Jaramillo vs. City of West Covina Carolyn Beserra vs. City of West Covina Kevin Weemering vs. City of West Covina Richard Eschagary vs. City of West Covina Beatriz Falcon vs. City of West Covina Raquel Gomez vs. City of West Covina Ordinance for Adoption 6) Continuum Ordinance Pursuant to AB 1 X27 Continuum Ordinance Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2219 ORDINANCE NO. 2219 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE OF OPERATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA Traffic Committee Meeting (accept & file) 7) Meeting Minutes of August 16, 2011 (accept & file) Traffic Committee Minutes I. Request City Initiated Annual Intersection collision Rate report for the Year 2010 Staff Recommendation That existing right -edge striping be repainted along Cherrywood Street and Garvey Avenue South and install retro-reflective payment markers on the curve along southbound Cherrywood Street at the intersection. That stop ahead signs and pavement markings be installed at all approaches of the Hollenbeck Street and Merced Avenue intersection. That a side road (W2-2R) sign be installed on eastbound Holt Avenue west of Oak Knoll Drive. That stop ahead signs and pavement markings be installed on the east and westbound approaches of Walnut Creek Parkway at Glendora Avenue. That stop ahead signs and pavement markings be installed on the eastbound approach of Merced Avenue at Hollenbeck Street and southbound approach of Hollencrest Drive at Merced Avenue. That staff continue to monitor the intersection of Amar Road and Witzman Drive and notify Los. Angeles County regarding the collisions history of the intersection. 3 City Council/CDC Minutes September 06, 2011 That clear retro-reflective pavement markers be installed along outside edge of crosswalk at the intersection of Glendora Avenue and Walnut Creek Parkway. That staff verify street lighting level at the southwest corner of Glendora Avenue and Walnut Creek Parkway. II. Request: Jefferson De Roux, West Covina resident That traffic control at the intersection of Cameron Avenue and Lark Ellen Avenue be reviewed. Staff Recommendations: That signal ahead signs and pavement markings be installed at all approaches of the Cameron Avenue and Lark Ellen Avenue intersection. That radar enforced plates be installed at all speed limit signs on Cameron Avenue from Valinda Avenue to Barranca Street. That radar enforced plates be installed at all speed limit signs on Lark Ellen Avenue from Garvey Avenue South to Francisquito Avenue. That right turn movements on red phase be prohibited at the intersection of Cameron Avenue and Lark Ellen Avenue on school days during the hours of 6:00 a.m. to 8:00 a.m. and 1:00 p.m. to 3:00 p.m. That pedestrian phase time be modified based on a 2.8 feet per second walking speed. That staff seek grant funding to install pedestrian count -down indications at the Cameron Avenue and Lark Ellen Avenue intersection. That staff conduct traffic and speed studies after school begins to determine if left -turn phasing for the east and westbound approaches is warranted. Treasurer's Report (receive & file) 8) City Treasurer's Report City Treasurer's Report for the Month of June 2011 9) CDC Treasurer's Report CDC Treasurer's Report for the Month of June 2011 10) City Treasurer's Report City Treasurer's Report for the Month of July 2011 11) CDC Treasurer's Report CDC Treasurer's Report for the Month of July 2011 Finance Department — Miscellaneous 12) Prop A Fund Exchange — Cily of Commerce Prop A Fund Exchange — Commerce Recommendation is that the City Council approve the agreement authorizing the sale of Prop A Funds to the City of Commerce. 13) Prop A Fund Exchange — City of Industry Prop A Fund Exchange — Industry Recommendation is that the City Council approve the agreement authorizing the additional sale of Prop A Funds to the City of Industry. Public Works — Miscellaneous 14) Approval of City of West Covina Energy Action Plan Energy Action Plan Recommendation is that the City Council approve the City of West Covina Energy Action Plan. M City Council/CDC Minutes September 06, 2011 CONSENT CALENDAR ACTION Motion by Lane and seconded by Armbrust to approve all items listed on the Consent Calendar as presented. Motion carried by 5 — 0. DEPARTMENTAL REGULAR MATTERS (Council Action) Planning Department Urgency Ordinance Establishing a Moratorium to Create an Equestrian Overlay Zone on Single -Family Properties on the North Side of Vanderhoof Drive Between 2633 and 2807 Vanderhoof 15) Drive Urgency Moratorium Mayor Herfert announced the subject matter and Deputy City Attorney Matt Gorman stated a conflict of interest existed in this matter for two councilmembers in which both Councilmembers Armbrust and Sanderson both own property or live within 500 feet of the area that is subject to the moratorium. He then detailed the following: • Government Code Section 65858 states that this item requires a 4/5 vote of the entire legislative body and, therefore, if two of the five members present abstain, the item cannot go forward. • Under FPPC regulations, in this circumstance, one of the two conflicted councilmembers can be designated to participate in the item. FPPC Regulation 18708D provides that by some random method of selection, a councilmember with a conflict can be designated to participate. • Deputy City Attorney recommended a coin toss. Councilmember Sanderson was designated, through a coin toss, to participate in the item. Councilmember Armbrust recused herself and left the dais at 8:15 p.m. Acting Planning Director Jeff Anderson provided a brief staff report stating that this item is an urgency ordinance to establish a moratorium for a period of 45 days while the City studies the possibility of a code amendment and zone change to zone subject properties as equestrian uses. The concern is a potential conflict between the construction of residential living quarters in areas that have historically been designated for equestrian uses adjacent to Maverick/Ridgerider Park. Anderson outlined how construction of residential living quarters in the upper pad of the area could become a potential for a general encroachment into the equestrian properties in the lower pad adjacent to Maverick/Ridgerider Park, thereby limiting equestrian uses. He then went into the proposed creation of a new equestrian overlay zone that would preserve and protect equestrian uses such as current and future equestrian opportunities, protect riders from injury and create orderly development standards. The properties included in the moratorium are located on the north side of Vanderhoof Drive between 2633 and 2807 Vanderhoof Drive. City Manager Pasmant added that this is a temporary, short term moratorium to study the issue and help prevent conflicts that would squeeze out equestrian uses by limiting how close habitable structures can be to equestrian areas, and that would include issues such as the safety of riders and the potential for injuries as they share bridle trails and service roads. Assistant City Clerk presented: Ordinance No. 2220 ORDINANCE NO. 2220 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROHIBITING CONSTRUCTION OF GUEST HOUSES, HABITABLE SPACE ADDITIONS, SPORTS COURTS, TENNIS COURTS, SWIMMING POOLS AND OTHER SIMILAR TYPES OF IMPROVEMENTS ON THE REAR, LOWER PORTION OF EQUESTRIAN ORIENTED PROPERTIES IN SPECIFIED 5 City Council/CDC Minutes September 06, 2011 AREAS OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion Motion by Touhey and seconded by Lane to introduce and adopt the ordinance. Motion carried by 4 — 0. (Armbrust did not participate due to a conflict of interest living within 500 feet of the location). Councilmember Armbrust returned to the dais at 8:22 p.m. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS Mayor Herfert informed the public that on Sunday, September 11, 2011 at 6:00 p.m. a ceremony will be held in the Courtyard commemorating the September 11, 2001 tragedy at the Twin Towers. Mayor Herfert also announced several new businesses that have recently opened in West Covina. Mayor Herfert also announced that the meeting on September 20, 2011 will recognize the sports champions in the City. The meeting will be held in the Courtyard. ADJOURNMENT Motion by Herfert and seconded by Touhey, to adjourn the meeting at 8:25 p.m. in memory of the following: taiif:City Jerk Susan Rush Jose Robles, nephew of Sandy Galvez, City Manager's Office Monica Alday, sister of Margaret Garcia, City Clerk's Office Loretta Scheliga, mother of Don and Vickie Scheliga Denise Schubin, long-time resident Don McFadden, father of former Councilmember Bradley McFadden G