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
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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.
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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.
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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
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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
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