M I N U T E S
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
June 19, 2007
Mayor Touhey called to order the special meeting of the West Covina City Council at 5:50 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson
Others Present: Pasmant, Alvarez-Glasman, Fields, Hoppe, R. Colvin
PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:05 p.m. to discuss the following matters:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9 (a)
Davis vs. City of West Covina
McIntosh vs. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54957.6.9(b)
One Case
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Pasmant
_ Miscellaneous Unrepresented Management Employee, including
-Assistant City Clerk
-Assistant City Manager
-Communications Director
-Community Development Commission Director
-Community Services Director
-Director of Human Resources
-Director of Risk Management
-Environmental Management Director
-Finance Director
-Fire Chief
-Planning Director
-Police Chief
-Public Works Director and City Engineer
City Negotiators: Fields, Bachman
● Employee Organizations
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
- City Manager - G
ADJOURNMENT Mayor Touhey adjourned the meeting at 7:00 p.m.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Michael Touhey
M I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
June 19, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:19 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane, Councilmembers Herfert, Hernandez, Sanderson
Others present: Alvarez-Glasman, Bachman, Chung, Fields, Freeland, Holtz, McIsaac, McNeill, Pasmant, Rush, Wills, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present and prior to convening into closed session, all items on the City Council agenda and the Community Development Agenda (CDC) were announced for inclusion in the closed session discussion.
Items on the City Agenda:
Conference with Legal Counsel — Existing Litigation — Davis vs. City of West Covina and McIntosh vs. City of West Covina — Council received a briefing. No final action, however, unanimous direction provided in hope of resolution consistent with terms expressed in closed session.
Conference with Legal Counsel — Anticipated Litigation One potential case. — Not discussed.
Conference with Labor Negotiators — Miscellaneous Management Employees including: Assistant City Clerk, Assistant City Manager, Communications Director, Community Development Commission Director, Community Services Director, Environmental Management Director, Finance Director, Fire Chief, Director of Human Resources, Planning Director, Police Chief, Public Works Director and City Engineer, Director of Risk Management — Direction provided, no final action, nothing further to report.
Conference with Labor Negotiators — Employee Organizations — Confidential Employees; General Employees; Maintenance & Crafts Employees; Mid-Management Employees; Non-Sworn Safety Support Employees; W.C. Police Officers Association; W.C. Police Management Association; W.C. Firefighters’ Management Association; W.C. Firefighters’ Association, I.A.F.F., Local 3226 — Direction Provided, no final action, nothing further to report.
Conference with Labor Negotiators — City Manager —Direction provided, no final action, nothing further to report.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property: Northeast corner of Azusa and A Street —CDC received briefing from staff, no final action, nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced the following changes to the agenda: Item G-2- Mid-Valley Transportation Corridor Feasibility Study (Ramona-Badillo Bus Corridor Study) with the Cities of West Covina, Baldwin Park, Covina and El Monte has been held over to the next meeting. Correction to Item D-2a — The date of the Human Resources Commission meeting has been corrected from June 13, 2007 to May 9, 2007.
PRESENTATIONS Blue Star Video was aired.
Mayor Touhey, assisted by Police Chief Wills, presented Police Commander Darrell Myrick with a Resolution of Commendation and City Tile for over 31 years of service.
Mayor Touhey recognized Audrey Lynberg, who recently received the YWCA Women of Achievement Public Service Award for her continued service to the Community.
Mayor Touhey called forward Bobby Gonzales, Assistant Coach of the California Stars, who assisted in presenting certificates of recognition to Team Members and West Covina residents, Tyler Gonzales and John Seimer, who won the Bantom AA Tier 2 National Title in New York in May.
Mayor Touhey called forward Michele McNeill, Community Services Director, to receive a Proclamation designating July as Parks & Recreation Month.
ORAL COMMUNICATIONS
Rob Charles Rob Charles, field representative for Assemblyman Ed Hernandez, thanked the City for use of its Chambers for the recent Transportation Summit and announced Public Safety Summit to be held on Friday, June 29.
Tyra Mason Tyra Mason, representing West Covina Chamber of Commerce, promoted upcoming Chamber events and the West Covina Farmers Market.
Joanne Wilner Joanne Wilner, West Covina resident, addressed several items on the agenda; opposed naming streets at Big League Dreams in honor of the Giambi brothers questioning them as positive roles models; asked the current status for completion of phase one of the Shadow Oak Park lower level improvements; status of research to raise penalty fees associated with parking; addressed PDF "G" funds and funding source of debt service on BLD bonds.
Royall Brown Royall Brown, West Covina resident, addressed and supported increases in signage and striping for bike paths.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the Auto Plaza readerboard and the advisory board’s lack of support for refurbishment; and spoke in opposition to a recently published article regarding a proposed ballot initiative regarding council districts.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed bicycle safety issues supporting increased signage and awareness of cyclists; decorum in the council chambers and promoted voter registration.
Bill Schafer Bill Schafer, West Covina resident, addressed the need for a traffic signal at Sunset and Roseway; addressed his visit to all the parks and commented on the good park maintenance, but commented on the excessive graffiti at the parks.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the recently published proposed ballot initiative; supported increased signage and striping of city bike paths and a hybrid/alternate fuel vehicle purchasing policy.
Bin Li Bin Li, Rowland Heights resident, spoke on Falun Gong practioners and persecution by the Chinese Communist Party.
Jie Li Jie Li, Rowland Heights resident, spoke on Falun Gong practioners and persecution by the Chinese Communist Party.
Lingyun Zhao Lingyun Zhao, Rowland Heights resident, spoke on Falun Gong practioners and persecution by the Chinese Communist Party.
Hongiuei Lou Hongiuei Lou, Rowland Heights resident, spoke on Falun Gong practioners and persecution by the Chinese Communist Party.
Councilmember Hernandez requested council’s support to assist the last four speakers.
CONSENT CALENDAR Councilmember Hernandez requested Item D-4a be removed for separate consideration.
Councilmember Sanderson requested items D-5b be removed for separate consideration.
Mayor Touhey requested item D-5a be removed for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
No reports for this meeting.
D-2 Commission Summary of Actions (receive & file)
Commission Summary of Actions a) Human Resources 05/09/07
Ordinance for Adoption
Levy and Apportionment of Special Tax for the Community Facilities District No. 1, Coastal Sage and Scrub (CSS)
D-3 Community Facilities District
Ordinance No. 2162 ORDINANCE NO. 2162 - AN ORDINANCE OF THE CITY
CSS Community Fac. Dist. No. 1 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA LEVYING AND APPORTIONING SPECIAL TAXES IN ACCORDANCE WITH RESOLUTION NO. 2004-101 AND 2004-102 (CSS COMMUNITY FACILITIES DISTRICT)
Removed for separate consideration.
Award of Bid
Selection of Consultant for Glendora Avenue Downtown
D-4a Improvements — (Project No. SP-07119)
Glendora Downtown Consultant Recommendation is that the City Council accept the proposal from David Volz Design (DVD) of the City of Fountain Valley, California in the amount of $57,600 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement to design plans and prepare specifications for the Glendora Avenue Downtown Improvements.
Removed for separate consideration.
Miscellaneous - Finance Department
D-5a Selection of a Provider for Retiree Health Savings Plan
RHS Provider Recommendation is that the City Council adopt the following resolution adopting the ICMA Retirement Corporation VantageCare Retirement Health Savings Program and authorize staff to execute any and all documents necessary to implement the plan:
Reso No. 2007-50 RESOLUTION NO. 2007-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ADOPTION OF A RETIREMENT HEALTH SAVINGS (RHS) PLAN WITH VANTAGECARE
Removed for separate consideration.
Miscellaneous — Community Development Commission
D-5b Auto Plaza Business Improvement District
Auto Business Plaza District Recommendation is that the City Council adopt the following resolution:
Reso No. 2007-51 RESOLUTION NO. 2007-51 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2007-2008, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 5, 2007
Miscellaneous — Planning Department
Formation of Joint Powers Authority: Los Angeles Regional
D-5c High Speed Rail Line Construction Authority
JPA/High Speed Rail Recommendation is that the City Council endorse the concept of entering into a joint powers agreement forming the Los Angeles Regional High Speed Rail Line Construction Authority in conjunction with the Cities of Los Angeles and Ontario.
Miscellaneous — Public Works Department
D-5d West Covina Landscape Maintenance District No. 1 - Setting of
MD No. 1 2007-2008 Assessment Rate
Recommendation is that the City Council take the following actions:
Reso No. 2007-52 RESOLUTION NO. 2007-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007
West Covina Landscape Maintenance District No. 2 — Setting
D-5e of 2007-2008 Assessment Rate
MD No. 2 Recommendation is that the City Council take the following action:
Reso No. 2007-53 RESOLUTION NO. 2007-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007
D-5f Sewer System Management Plan
Sewer System Plan Recommendation is that the City Council authorize the Public Works Director/City Engineer and City Clerk to approve and certify the Development Plan and Schedule.
D-5g Change Order to Construction of Sidewalks at Various
Change Order — Sidewalks Locations (Project No. SP-07108)
Recommendation is that the City Council take the following action:
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Hernandez to waive further reading of the resolutions/ordinances and adopt, and approve all items except: D-4a; D-5a; and D-5b.
Item D-4a Selection of Consultant for Glendora Avenue Downtown Improvements — (Project No. SP-07119) — Councilmember Hernandez requested Council’s support to move forward with an RFP for the downtown conceptual plan for feasibility prior to moving forward with downtown improvements.
Motion Motion by Herfert and seconded by Lane to approve staff’s recommendation.
Motion carried 5-0.
Item D-5b Auto Plaza Business Improvement District — Councilmember Sanderson requested the staff report. Community Development Director Chung provided a brief report and answered questions.
Motion Motion by Sanderson and seconded by Lane to approve staff recommendation and adopt Resolution No. 2007-51.
Motion carried by 5 — 0.
Item D-5a Selection of a Provider for Retiree Health Savings Plan — Mayor Touhey expressed concern that the proposed contract has no term limit.
Motion Motion by Touhey and seconded by Sanderson to adopt Resolution No. 2007-50 approving the Retiree Health Savings Plan and that the plan run in conjunction with the Memorandum of Understandings (MOU’s) of the employee groups and terminate at the end of the MOU’s.
Finance Director Bachman requested clarification on expiration date since historically new MOU’s are not agreed upon at the expiration of the previous MOU.
Amendment to motion Touhey amended his motion to have the expiration of the contract with the provider to be when the new MOU agreement is entered into. Amendment accepted by Sanderson who seconded the motion.
Councilmember Hernandez requested an overview from Mr. Bachman of his recommendation approving the ICMA Retirement Corporation VantageCare Retirement Health Savings Program. Councilmember Hernandez supported staff’s recommendation.
Mayor Touhey called for a vote. Motion carried as amended 4-1 (Hernandez no.)
PUBLIC HEARINGS
Councilmember Sanderson left the meeting at 9:05 p.m.
APPEAL HEARING
Appeal of Administrative Use Permit No. 07-01
(Maximum Unit Size Exception and Large Expansion)
Applicant: Mayra Reyes
E-1 Location: 1028 E. Thelborn Street
Appeal of AUP No. 07-01 Mayor Touhey announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey proceeded to open the hearing. Planning Director McIsaac presented the report outlining the proposed project, an addition to a single-story family home and partial second story addition. The Planning Commission had denied the proposed project, which subsequently has been appealed by the applicant.
Public Testimony Mayor Touhey proceeded to open the public testimony portion of the hearing and asked for public comments.
Mayra Reyes, designer, stated they are aware of neighbors concerns and have taken into consideration suggestions to mitigate their concerns while trying to accommodate the family’s desire to add on to their home.
Angel Sanchez, homeowner, stated they have taken measures to address neighbors’ concerns.
In Favor Mary O’Guinn, West Covina resident and neighbor, stated her support of the owner’s request for an addition.
Cecilia Wong, West Covina resident and neighbor, expressed support of addition.
Opposed Anthony Munoz, West Covina resident, spoke in opposition to addition of second story and concern with setting a precedent.
Royall Brown, West Covina resident, supported the Planning Commission’s decision to not develop a two-story home in a single story neighborhood.
Doug Shepherd, West Covina resident, is opposed to the prospect of mansionization with second story.
Joanne Wilner, West Covina resident, is opposed to second story in single story neighborhoods.
Stacy De La Riva on behalf of Sharon Mulhern, West Covina resident who lives on Thelborn, addressed traffic issues in the neighborhood and additional vehicles brought on by larger homes.
Rebuttal Angel Sanchez, West Covina resident, stated his love of West Covina and would hate to move somewhere and rent, and requested the council grant approval of the project.
Close Testimony There being no one else wishing to address the council, Mayor Touhey closed the public testimony portion of the hearing.
Council discussion Councilmember Herfert supported the decision of the Planning Commission due to the concerns of the neighbors. Councilmember Herfert hoped the homeowner would return with plans for a signal story home.
Mayor Pro Tem Lane concurred due to the opposition of the neighbors.
Councilmember Hernandez supported the appeal as the family has addressed the concerns of the neighbors most affected by the project and supported the project.
Mayor Touhey concurred with Mayor Pro Tem Lane and Councilmember Herfert and would also like to see the homeowner return with plans for additions as a one story home.
Assistant City Clerk Rush presented:
Reso No. 2007-54 RESOLUTION NO. 2007-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING ADMINISTRATIVE USE PERMIT NO. 07-01
Motion Motion by Herfert and seconded by Lane to waive further reading of the resolution and adopt. Motion carried 3-1 (Hernandez no).
COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
DEPARTMENTAL MATTERS
Community Services Department
G-1 Green Linkages: A Vision for the City of West Covina
Green Linkages Community Services Director McNeill presented the staff report and provided solutions for residents to move through the City by way of bike paths, sidewalks, and trails. A PowerPoint presentation was presented depicting the potential improvements.
Council discussion Council was in concurrence and supported the concept and thanked the Community Services Department and Cal Poly Pomona Landscape Arch. 606 Studio for the development of a plan.
Motion Motion by Lane and seconded by Hernandez to receive and file the report. Motion carried by 4-0.
Mid-Valley Transportation Corridor Feasibility Study (Ramona-
G-2 Badillo Bus Corridor Study) with the Cities of West Covina,
Bus Corridor Study Baldwin Park, Covina and El Monte
This item was held over to the next meeting.
MAYOR’S /COUNCILMEMBERS REPORTS
I-1 AB 1234 Conference and Meeting Report
AB1234 Councilmember Hernandez announced his attendance at a conference next week related to revitalizing communities.
COUNCILMEMBERS’ REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council’s Consensus to Instruct City Staff to Prepare a Report to Establish a Purchasing Policy That the City Will Purchase Hybrid/Alternate Fuel Vehicles When Replacing City
I-1 Fleet
Hybrid/Alternate Fuel Vehicles Councilmember Hernandez seeks Council consensus for an environmental purchasing policy to not only include hybrid/alternative fuel vehicles, but to include other items as well such as paper, light bulbs, wherever feasible.
Motion Motion by Hernandez and seconded by Lane to support a staff report with detailed options to implement an environmental purchasing policy where feasible. Motion carried by 4- 0.
Mayor Pro Tem Lane left the meeting at 10:05 p.m. and returned at 10:09.
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council’s Consensus to Instruct City Staff to Prepare a
I-2 Report to Increase Signage and Striping of City Biking Paths
Bike Path Signage Councilmember Hernandez presented a brief background of his request to make bike lanes safer.
Motion Motion by Hernandez and seconded by Touhey to improve visibility to current bike lanes, signage, and create linkages to other regional bike pathways. Motion carried by 4-0.
COUNCILMEMBER COMMENTS
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the meeting at 10:10 p.m. in memory of Daniel Stout, student at South Hills High School; Dalton Barns, student at Sierra Vista Middle School; and Jonathon Ayala, resident of West Covina and alum of West Covina High School class of 2005. Motion carried 4-0.
Submitted by:
Assistant City Clerk Sue Rush
Mayor Michael Touhey