11-16-2010 - Special City Council Minutes of October 5, 2010Reg - min 10-19-10 (2).docM I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 19, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:03 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Mary Hollifield
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Councilmember Touhey
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert, Councilmembers Hernández, Touhey
Absent: Councilmember Lane
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session all items on the CDC agenda were announced for inclusion in the closed session discussion. Chairman Sanderson, Vice Chairman Herfert and Commissioner
Touhey were present.
Items on the CDC agenda:
Conference with Real Property Negotiators - Property: 1420 South Willow Avenue. West Covina, CA 91790 - City Attorney Alvarez-Glasman reported that direction was provided by Agency
negotiators to the CDC with no further action and nothing further to report.
Conference with Real Property Negotiators - Property: 1230 & 1240 Lakes Drive, West Covina, CA 91790 - City Attorney Alvarez-Glasman stated that a presentation was made by the Agency’s
negotiators, direction was given to staff with no further action and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced language changes to Item D-3d, Retirement Benefit – Miscellaneous Employees – to comply with Public Employees Retirement System laws.
PRESENTATIONS Mayor Sanderson introduced Assemblyman Ed Hernandez who introduced Dr. William Good who was selected by the Assemblyman to be honored as the 57th Assembly District Holocaust
Survivor of the Year.
Mayor Sanderson recognized Coronado High School Principal Dr. Julio Fonseca for the school’s excellent performance during the 2009-2010 school year.
Mayor Sanderson, assisted by Michele McNeill, Community Services Director, presented Michelle Souza, winner of the September Photo contest, with a certificate of recognition.
Mayor Sanderson assisted by Josh Quintanar, manager of the West Covina Youth Pony Baseball Shetland Team, who won the 2010 Zone Championship, presented the team certificates of recognition.
Mayor Sanderson assisted by James Duronslet, manager of the West Covina Youth Pony Baseball Foal World Series Champions, presented certificates of recognition to the players.
ORAL COMMUNICATIONS
Joanne Wilner Joanne Wilner, West Covina resident, objected to the sale of Civic Center property adjacent to the Library stating that the Civic Center should be for civic building and
any new parking should be underground; and inquired as to who “miscellaneous employees” are as they relate to the PERS Amendment.
Elsie Messman Elsie Messman, West Covina resident, addressed T-Mobile wireless antennas proposed for Fire Station #5 expressing concerns with excessive towers in the area.
Lorena Henning Lorena Henning, National Little League at Del Norte Park, presented plaques to Councilmembers Sherry Lane, Steve Herfert, and Michael Touhey for their continued support.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed telecommunication towers and requested a temporary moratorium to restructure guidelines and to develop a master plan for
such towers; supported upholding the Planning Commission decision to deny off-sale service of alcohol at Walgreens on Glendora Avenue; opposed sale of Civic Center property.
Mayor Louie Aguinaga Mayor of South El Monte, Louie Aguinaga, requested support for his candidacy for the San Gabriel Basin Water Quality Authority.
Mayor Sanderson requested input regarding Federal regulations on cell towers.
City Attorney Alvarez-Glasman responded that the City Council could base their decision on any factor they wish, but if it is based solely on health issues, the Federal courts will set
aside those factors.
CONSENT CALENDAR Councilmember Steve Herfert requested that Items D-3c Lease Agreement with T-Mobile West Corporation to Co-Locate a Radio Tower at Fire Station 5 and D-3d Retirement
Benefit – Miscellaneous Employees be pulled for separate consideration. Councilmember Hernández requested Item D-3a Exclusive Negotiating Agreement with CGM Development be pulled for
separate consideration. Councilmember Touhey stated he would leave the room to recuse himself due to a conflict of interest during discussion of Item D-3c.
D-1 City Council Meeting Minutes (receive & file)
Minutes Regular Meeting Minutes of September 7, 2010
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Community Services 07/13/10
b) Planning 10/12/10
c) Senior Citizens 06/24/10
This item pulled for separate discussion
D-3a Miscellaneous – Community Services Department
ENA Civic Center Exclusive Negotiating Agreement with CGM Development
Recommendation is that the City Council approve a 180-day Exclusive Negotiating Agreement with two (2) 60-day option periods with C.G.M. Development, Inc. (“Developer”) in order to
negotiate the terms of sale and development of approximately 2.2 acres portion of the Civic Center site.
D-3b 2011 Greater Los Angeles Homeless Count Conducted by the Los
LA Report Homeless Count Angeles Homeless Services Authority (LAHSA)
Recommendation is that the City Council receive and file this report.
This item pulled for separate discussion
D-3c Miscellaneous - Finance Department
T-Mobile Lease/Fire Sta. 5 Lease Agreement with T-Mobile West Corporation to Co-Locate a Radio tower at Fire Station 5
Recommendations is that the City Council approve the proposed Lease Agreement authorizing T-Mobile West Corporation to lease 284 square feet of space to house ground equipment and install
wireless antenna on the City owned Radio Tower at Fire Station 5 for a wireless site.
This item pulled for separate discussion
D-3d Miscellaneous - Human Resources Department
Misc. Employees 2% @ 60 Retirement Benefit – Miscellaneous Employees
In order to implement the change in retirement benefit from 2.5% @ 55 to 2% @ 60 for miscellaneous employees entering membership for the first time in the miscellaneous classification,
as previously approved in the Memorandums of Understanding and the City’s Last Best and Final Offer with five miscellaneous bargaining units, the City Council is requested to introduce
the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
D-3e Miscellaneous - Police Department
Motorola Radio Purchase Mobile Radio Purchase Using 2008 State Homeland Security Grant Program Funds
Recommendation is that the City Council authorize the direct purchase of seven (7) equipped vehicle mounted XTL 5000 mobile radios from Motorola’s authorized regional distributor (Advanced
Electronics) under Los Angeles County contract pricing MA-IS-43070-6, totaling $34,481.17, using 2008 State Homeland Security Grant funds, account 227.31.3110.6999.
D-3f Additional 2009-2010 Supplemental Law Enforcement Services
SLESF Grant Fund (SLESF) Grant Funds
Recommendation is that the City Council appropriate the additional $40,723.86 funds from the State under the Supplemental Law Enforcement Services Fund (SLESF) grant into 155.31.3110.6290
for unbudgeted police supply items.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items on the Consent Calendar as presented except items D-3a Exclusive Negotiating Agreement with CGM
Development, D-3c Lease Agreement with T-Mobile West Corporation to Co-Locate a Radio Tower at Fire Station 5 and D-3d Retirement Benefit – Miscellaneous Employees. Motion carried
by 4 – 0.
Item D-3a Exclusive Negotiating Agreement with CGM Development –
Councilmember Hernández inquired about the possible sale of civic center property, whether the financial benefits outweighed the loss of open space and aesthetics and beauty of the
city-owned land.
Community Development Director Chung responded to questions stating that the benefits of the project have not been developed; that this agreement was not a purchase agreement; and
that the ENA is the method by which the financial benefits to the City will be developed and brought back to Council for their consideration
Councilmember Hernández mentioned that historically, ENAs have resulted in the sale of land and asked that the Council take into consideration preserving the pristine nature of the
City’s property.
Motion Motion by Herfert and seconded by Touhey to approve the ENA with CGM Development as recommended.
Motion carried by 3 – 1 (Hernández – No).
Item D-3d Retirement Benefit – Miscellaneous Employees -
As brought up by a speaker, Assistant City Manager Thomas Bachman clarified the term miscellaneous employees refers to all non-sworn employees.
Motion Motion by Herfert and seconded by Touhey to introduce the following ordinance. Motion carried by 3 – 1 (Hernández – No).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Councilmember Touhey recused himself and left the room at 8:19 p.m. due to a conflict of interest regarding Item D-3c.
Item D-3c Lease Agreement with T-Mobile West Corporation to Co-Locate a Radio Tower at Fire Station 5 –
Assistant City Manager Bachman presented a brief report stating that the proposal is for an agreement to lease space at Fire Station 5 and to co-locate antennas on a City owned Radio
tower.
Discussion ensued regarding the initiation of cell tower proposals.
Motion Motion by Herfert and seconded by Hernández to deny the proposed lease agreement with T-Mobile West Corporation to Co-Locate a Radio Tower at Fire Station 5. Motion carried by
3 – 0.
Councilmember Touhey returned to the dais at 8:28 p.m.
PUBLIC HEARINGS
E-1 Appeal Hearing
Walgreens AUP – Alcohol Sales Appeal of Planning Commission Denial of Administrative Use Permit No. 10-23
Categorical Exemption
Location: 1131 South Glendora Avenue
Applicant/Appellant: Walgreens (Daniel J. Kramer, Haas Najarian, LLP/Seth Merewitz, Best Best & Krieger, LLP)
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 hearing and Acting Planning Director Jeff Anderson presented the staff report. The applicant is requesting the approval of an administrative
use permit (AUP) to allow off-sale service of beer and wine in conjunction with the operation of an existing Walgreens. Mr. Anderson conveyed that staff has the ability to approve
an AUP but due to receiving a request from a neighboring business, the matter was deferred to the Planning Commission. During the hearing, staff recommended approval of the AUP to the
Planning Commission, however the Planning Commission denied the AUP due to concerns over the nine existing liquor licenses within the subject census tract. The applicant now appealed
the decision to the City Council.
Open Testimony Mayor Sanderson then proceeded to open the hearing and called for public comments.
In favor Seth Merewitz, representing Walgreens, addressed license requirements as they relate to commercial development stating that Walgreens is only trying to provide convenience to
customer demand and to compete with other businesses. He also stressed they are only providing beer and wine in 6 packs and larger, no hard liquor and requested that Council approve
their appeal and approve the license.
Mayor Sanderson inquired whether there are any other Walgreens in the area that have been approved for such a license.
Mr. Merewitz replied that there is another Walgreens on Azusa Avenue in West Covina as well as other neighboring cities that sell beer and wine and they are expanding throughout the
country.
Opposed Dana Sykes, West Covina resident, spoke in opposition stating there is an over saturation of businesses which sell alcohol and Walgreens does not need to sell alcohol stating
it only brings problems and doesn’t benefit the community.
Joanne Wilner, West Covina resident, agreed with the Planning Commission decision to deny the permit stating concern over the crime in the area.
Lloyd Johnson, West Covina resident, requested Council uphold the Planning Commission decision. He inquired into his previous inquiry on ice cream trucks and, on the shooting incident
at Badillo and Orange, he requested the window be repaired and to remove the plywood.
Rebuttal Seth Merewitz, representing Walgreens, stated that the corporation does have policies in place regarding sale of alcohol complying with ABC regulations and stated there is no
need but the sale is a convenience to customers and to be competitive in this economy.
Closed Testimony There being no one else wishing to address council, Mayor Sanderson proceeded to close the public comment portion of the hearing.
Motion Councilmember Hernández requested to uphold the Planning Commission decision and made a motion to deny AUP No. 10-23.
Motion failed due to lack of a second.
Councilmember Touhey addressed the issue as fair and equitable and supports approval.
Mayor Pro Tem Herfert requested the reading of the heading of the resolution to approve AUP No. 10-23.
Assistant City Clerk Rush presented:
Resolution No. 2010-52 RESOLUTION NO. 2010-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 10-23 ON APPEAL OF PLANNING
COMMISSION
Motion Motion by Herfert and seconded by Touhey approve AUP 10-23. Motion carried by 3 – 1 (Hernández – No).
Councilmember Touhey left the dais at 8:58 p.m. and did not participate due to a cellular tower on his property on Vine Ave.
Public Hearing
E-2 Code Amendment No. 09-04
Wireless Telecomm. Facilities Wireless Telecommunication Facilities
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 hearing and Acting
Planning Director Jeff Anderson presented a brief staff report which outlines the proposed amendments which would modify and update various sections of the municipal code related to
telecommunication facilities. The amendments included updating terminology, clarifying existing code language, modifying existing development and design standards, as well as establishing
new development and design standards. Mr. Anderson elaborated on the more significant amendments and responded to questions.
Open Testimony Mayor Sanderson then proceeded to open the hearing and called for public comments.
Closed Testimony There being no one wishing to address council, Mayor Sanderson proceeded to close the public comment portion of the hearing.
Councilmember Hernández addressed the aesthetics and objection from residents to cell towers; opposes amendment to make it easier to locate cell towers and would support greater than
100-foot separation space between a wireless facility and residence.
Mayor Pro Tem Herfert stated the purpose of the ordinance is to clarify the code language relative to wireless facilities but it does not remove Council’s ability to approve or deny
them as they are brought before Council.
City Attorney Alvarez-Glasman stated that an ordinance may be introduced with two affirmative votes, however, an ordinance will require three affirmative votes for adoption.
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS TELECOMMUNICATION FACILITIES
(CODE AMENDMENT NO. 09-04)
Motion Motion by Herfert and seconded by Sanderson to introduce the ordinance. Motion carried by 2 – 1 (Hernández – No).
Councilmember Touhey returned to the dais at 9:17 p.m.
DEPARTMENTAL MATTERS
G-1 Finance Department
Budget Update 2009-10 and 2010-11 Fiscal Years Budget Update
Assistant City Manager Thomas Bachman presented a brief report and PowerPoint presentation which included a recap of FY 2009-10, the first quarter financial report for 2010-11 FY, and
a look forward to the 2011-12 FY and the challenges facing the City.
He stated that the General Fund preliminary budget for FY 2009-2010 first presented to Council contained a $9.5 million deficit. Bachman summarized details on what was contributing
to the deficit and stated that since then, a number of actions have reduced the deficit by almost $5 million.
During the current fiscal year, Bachman stated that revenue sources continued to decline and explained the difficulty in forecasting major revenues such as property taxes, franchise
taxes, etc. and said the City experienced a negative cash flow of $5.7 million during the first 3 months of the year, which is expected to double by the end of November before property
taxes and other major revenues start to flow into the City.
Bachman expressed that although the economy shows signs of slow growth, revenues have fallen significantly in the last few years. The City will have to look at deeper cuts to service
in the upcoming year. Bachman briefly outlined further service reductions that are being considered due to the City’s use of reserve funds in recent years, which will no longer be
available in the near future to fund operations.
Mayor Pro Tem Herfert inquired into the PERS payment and into the lump sum payments for any cash outs.
Councilmember Touhey inquired as to whether lump sum payouts are budgeted to which Bachman replied that they are.
Councilmember Hernández inquired into projected deficit for 2011/12 FY and projected revenue sources.
Motion Motion by Herfert and seconded by Touhey to approve the following:
Receive and file the budget update.
Appropriate $38,000 of CDBG funds to the Street Barrier Removal Project (131.81.8025.7200).
Un-appropriate $324,594 from the Community Development Commission budget to reflect the elimination of two Senior Project Manager and one Project Coordinator positions.
Motion carried by 4 - 0.
COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
I-1 Mayor Pro Tem Steve Herfert
Request from Mayor Pro Tem Steve Herfert Requesting the City Council Consensus to Take a Position on the California Fair Political Practices Commission Form 460, Schedule F (Related
to Unpaid Bills)
Mayor Pro Tem Herfert requested Council’s consensus to bring back a report on Form 460 and running a campaign without disclosing donors.
Motion Motion by Herfert and seconded by Sanderson to approve.
Motion carried by 4 – 0.
COUNCILMEMBER COMMENTS
Councilmember Touhey requested to agendize a request for consensus to discuss Foothill Transit Parking structure.
ADJOURNMENT Motion by Hernández and seconded by Herfert to adjourn the meeting at 9:35 p.m. Motion carried by 4 - 0.
Submitted by:
_______________________________
Assistant City Clerk Susan Rush
___________________________________
Mayor Shelley Sanderson