10-07-2008 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 7, 2008
Mayor Lane called to order the regular meeting of the West Covina City Council at 7:00 p.m. in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez (arrived at 7:07 p.m.),
Councilmembers Herfert, Sanderson, Touhey
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 were
announced for inclusion in the closed session discussion.
Items on the City Council Agenda:
Conference with Legal Counsel — Initiation of litigation
pursuant to (c) of Government Code Section 54956.9 — One
potential Case. City Council authorized initiation of litigation on
one matter, but prior to litigation, efforts will be made to mediate.
CHANGES TO THE AGENDA Mayor Pro Tern Hernandez requested to add to the agenda
consideration of support for Measure RR, which will be on the
November ballot.
Motion by Hernandez to add to the agenda for discussion
and action item related to Measure RR.
Motion failed due to lack of second.
PRESENTATIONS Mayor Lane recognized Frank Scalfaro and Sharnae Lewis (not
present) for being named Community Heroes by the L.A. County
Fair on Thursday, September 25 at West Covina's Day at the Fair.
Mayor Lane assisted by Community Services Director McNeill
presented the Sysco Corporation of Los Angeles for contribution to
the Community Services fundraising efforts to seek sponsors for
City programs, including free snacks at the Senior Center Thursday
dances.
Mayor Lane presented Alicia Mardini, CEO of the East Valley
Community Health Center with a certificate of recognition on the
Grand Opening of the new East Valley Community Health Center
on October 22, 2008 at 10:00 a.m.
ORAL COMMUNICATIONS
Jill Dolan Jill Dolan, Manager of Public Affairs at Mount SAC spoke in
support of Measure RR, the bond measure which will be on the
November ballot.
City Council Minutes of October 7, 2008
Irene Fleck Irene Fleck, West Covina resident, acknowledged City Manager
Andrew Pasmant's State of the City address at the Friday First
Breakfast and announced upcoming Library events.
James Munoz James Munoz, West Covina resident, stated he had several
questions regarding restriction on overnight parking, supporting it
if it benefits the City; inquired whether the City would install photo
enforcement of traffic lights.
Mayor Lane recognized Community Hero Sharnae Lewis
who arrived and presented her with a certificate.
A. J. Johnson A. J. Johnson, West Covina resident, stated he received a notice
regarding overnight parking restrictions.
Arthur Washington Arthur Washington, West Covina resident, expressed his
opposition to overnight parking restrictions.
Porfirio Gonzales Porfirio Gonzales, West Covina resident, addressed overnight
parking restrictions.
Gloria Martinez Gloria Martinez, West Covina resident, spoke in opposition to
overnight parking and fee associated with the permit.
Albert J. Alcala Albert J. Alcala, West Covina resident, addressed, and opposed,
overnight parking restrictions.
Roberta Azpetia Roberta Azpetia, West Covina resident, spoke in support of
overnight parking restrictions, presented pictures of homes with
excessive cars.
Linda Mooney Linda Mooney, West Covina resident, addressed overnight parking
issues with cars from neighboring apartment buildings and mobile
home park, which is in front of her home; requested homeowners
be allowed free permits for parking; and also addressed the
structure of parking permits.
Cecilia Davis Cecilia Davis, West Covina resident, addressed parking issues and
spoke in opposition to permit fees and restrictions.
Larry J. Davis Larry J. Davis, West Covina resident, spoke in opposition to
parking restrictions.
Royall Brown Royall Brown, West Covina resident, addressed overnight parking
restrictions, suggested restriction be only on streets where residents
want restrictions.
Leila E. Hage Leila E. Hage, La Puente resident, opposed permit parking in West
Covina which would bring more parked cars into her nighborhood.
Lloyd Johnson Lloyd Johnson, West Covina resident, inquired how Community
Heros are selected; spoke in support of overnight parking
restrictions.
Cookie Nance Cookie Nance, West Covina resident, spoke in support of
overnight parking.
Andrea Ketchens Andrea Ketchens, West Covina resident, said she opposed
overnight parking restrictions and requested Council consider all
the pros and cons.
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City Council Minutes of October 7, 2008
Harold Krause Harold Krause, West Covina resident, spoke in support of
overnight parking, permits, and annual permits for up to 2 extra
cars.
Fred Sykes Fred Sykes, West Covina resident, spoke in opposition to third cell
tower being installed at Shadow Oak Park and in opposition to
overnight parking restrictions.
Paul Jimenez Paul Jimenez, West Covina resident, strongly opposed overnight
parking restrictions stating that enforcement of current ordinances
can address current parking problems.
Dana Sykes Dana Sykes, West Covina resident, spoke in opposition to
additional cell tower citing health and safety issues.
Alfred Williams Alfred Williams, West Covina resident, spoke in opposition to
additional cell tower at Shadow Oak Park; addressed council
meetings no longer being televised and stated he is video taping the
meeting, which will be available at the Library.
Sharon Leonard Sharon Leonard, West Covina resident, spoke in support of
overnight parking restrictions as the restriction provides safety for
residents.
David Casper David Casper, West Covina resident, spoke in favor of restrictions
of certain streets.
Carl Setian Carl Setian, West Covina resident, concerned with the safety of
streets and supported restrictions on parking only for streets which
have petitioned for restrictions.
Glenn Kennedy Glenn Kennedy, West Covina resident, supported ordinance as it
will help cut down on crime, and suggested possible exemption of
some streets with apartments or condominiums which require
additional parking.
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Minutes No minutes for this meeting.
D-2 Commission Summary of Actions (receive & file)
Commission Summaries a) Community Services 06/10/08
b) Human Resources 08/13/08
c) Planning 08/26/08, 09/09/08, 09/23/08
d) Senior Citizens Commission 07/24/08
Ordinance for Adoption
Ordinance Amending Section 22-132 of the West Covina
Municipal Code Relating to the Reduction of the Posted Speed
D-3 Limits from 40 Miles Per Hour to 30 Miles Per Hour on Pass &
Speed on Lark Ellen/Maplegrove Covina Road from Lark Ellen to Maplegrove Street
Recommendation is that the City Council adopt the following
ordinance:
ORDINANCE NO. 2180 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
Ord. No. 2180 AMENDING SECTION 22-132 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO DECREASE OF STATE
LAW MAXIMUM SPEEDS
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City Council Minutes of October 7, 2008
Award of Bid
D-4a Award of Bid for Recreational Transportation Services
Transportation Services Recommendation is that the City Council:
1. Accept the bids from Durham School Services (Rosemead,
California) and Shalimar Tours (Ontario, California) as
submitted at the bid opening on September 24, 2008 and
authorize the Community Services Director and City Clerk to
execute the respective contracts.
2. Appropriate. funds in the amount of $25,000 into account
121.51.5145.6120 to fund the recreational transit contracts
during the remainder of the fiscal year.
D-5
Treasurer's Report
City Treasurer's Report (receive & file)
Report for the Month of August 2008
Miscellaneous — Fire Department
D-6a Authorization for Fireworks Display
Fireworks Display Recommendation is that the City Council authorize the fireworks
display at the West Covina High School homecoming ceremony to
be held on October 24, 2008.
Miscellaneous — Community Services Department
Acceptance of FY 2008-2009 Older Americans Act Grant Funds
for Senior Meals Program
D-6b Recommendation is that the City Council adopt the following
Senior Meals Program resolution:
Reso No. 2008-63 RESOLUTION NO. 2008-63 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD
FROM OLDER AMERICANS ACT FROM THE LOS
ANGELES COUNTY AREA AGENCY ON AGING FOR THE
FY 2008-2009 SENIOR MEALS PROGRAM
Miscellaneous — Human Resources
Transmission of Memorandum of Understanding and
Implementing Resolution for the West Covina Fire Management
Association
D-6c Recommendation is that the City Council adopt the following
FMA MOU resolution:
Reso No. 2008-64 RESOLUTION NO. 2008-64 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST
COVINA FIRE MANAGEMENT ASSOCIATION; AND
AMENDING COMPENSATION AND BENEFITS FOR
CLASSES REPRESENTED BY THE FIRE MANAGEMENT
ASSOCIATION
Miscellaneous — Police Department
Introduction of an Ordinance Amending Noise Violations and
D-6d Imposing Administrative Penalties
Introduction of Noise Ordinance Recommendation is that the City Council take the following
action:
I . Introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING WEST
COVINA MUNICIPAL CODE SECTIONS 15-85 AND 15-94
RELATING TO THE REGULATION OF NOISE
2. Adopt the following resolution:
Reso No. 2008-65 RESOLUTION NO. 2008-65 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION NO. 9568
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City Council Minutes of October 7, 2008
RELATING TO THE ESTABLISHMENT OF
ADMINISTRATIVE FINES
D-6e 2008 COPS Technology Program Grant
COPS Tech Program Grant Recommendation is that the City Council accept the 2008 COPS
Technology Program grant, and appropriate $514,415 into
204.83.8877.7536 for network infrastructure equipment as part of
the public safety communications system upgrade.
Miscellaneous — Public Works Department
D-6f Lot Line Adjustment No. 175
Lot Line No. 175 Location: 1730 W. Cameron Avenue
Applicant: David and Carol Zaslow
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-66 RESOLUTION NO. 2008-66 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 175 LOCATED
AT 1730 W. CAMERON AVENUE AND DIRECTING THE
RECORDATION THEREOF
Landscape Maintenance No. District No. 4 — Preliminary Approval
D-6g of Engineer's Report
MD No. 4 Recommendation is that the City Council adopt the following
resolution:
Reso No. 2008-67 RESOLUTION NO. 2008-67 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC MEETING ON NOVEMBER 4, 2008
AND PUBLIC HEARING ON DECEMBER 2, 2008 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANCE FACILITIES
WITHIN THE BOUNDARIES OF THE DISTRICT
AB 1234 Conference and Meeting Report — League of
D-7 California Cities
Conference and Meeting Report Recommendation is that the City Council receive and file the
report.
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Herfert to waive further
reading of the resolutions/ordinances and adopt/introduce, and
approve all items. Motion carried by the following Roll Call vote:
AYES: Herfert, Hernandez, Sanderson, Touhey, Lane
NOES: None
PUBLIC HEARINGS
Continued Public Hearing
E-1 Amendments to the FY 2008-2009 Community Development
CDBG Action Plan Block Grant (CDBG) Action Plan
Mayor Lane announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Lane proceeded to open the hearing. Management Analyst
McDonald presented the report outlining the proposed
amendments.
Public Testimony Mayor Lane opened the public testimony portion of the hearing
and asked for public comments. .
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City Council Minutes of October 7, 2008
Royall Brown, West Covina resident, addressed the proposed
amendments and asked how much money in Redevelopment was
set -aside funds, which will now fund the Home Improvement Loan
Program.
. ICommunity Development Director Chung responded.
Closed Testimony With no one else wishing to address Council, Mayor Lane closed
the public testimony portion of the hearing.
Motion Motion by Touhey and
proposed amendments
follows:
seconded by Sanderson to approve the
3 the FY 2008-2009 Action Plan as
Description of Activity
Funding Per
Proposed
Proposed
Action Plan
Amendment
Funding
1. Street Rehabilitation
$
102,719
Modify Funding
$
236,198
2. Curb and Gutter Replacement
$
75,000
Modify Funding
$
35,000
3. Street Barrier Removals
$
100,000
Modify Funding
$
200,000
4. Park Barrier Removals
$
25,000
Modify Funding
$
30,000
5. Palm View Center Rehabilitation
Not in Plan
Add to Plan
$
20,000
6. Senior Center Restroom Rehabilitation.
Not in Plan
Add to Plan
$
25,000
7. Police Department Elevator
Not in Plan
Add to Plan
$
150,000
8. Home Improvement Loan Program
$
500,000
Cancel
$
-
Total
$
802,719
$
696,198
Motion carried by 4 —1 (Hernandez No)
Continued Public Hearing
Variance No. 08-04
Categorical Exemption
Applicant: Anthony & Theresa Byrne
E-2 Location: 1335 Crumley Street
1335 Crumley Variance 08-04 Mayor Lane announced the public hearing matter and Assistant
City Clerk Rush verified that the proper legal notice had been
mailed. Assistant Planner Anderson presented the staff report and
summarized the applicant's request to allow a variance for
providing the required covered parking spaces. The applicant has
converted his garage into living space without the proper permits.
Public Testimony Mayor Lane opened the public testimony portion of the hearing
and asked for public comments.
In Favor Applicants Anthony and Theresa Byrne addressed their request for
a variance citing their need for more living space, that there are
several garage conversions throughout the city and there are no
access rights to Sunset from the rear yard to enable a garage in the
rear.
Danielle Byrne spoke in support of her parents request.
Yvonne Grehan, sister of the applicant, spoke in support of her
brother and requested Council to grant them an exemption or
deferral of 5 years to convert the living space back to a garage.
Opposed Lloyd Johnson, West Covina resident, expressed concern that
approval would set a precedent, that approving an illegal conversion
years after the conversion and only when the resident is caught.
Rebuttal Anthony Byrne responded that there are many illegal conversions
already in West Covina.
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City Council Minutes of October 7, 2008
Council Discussion Councilmember Touhey was concerned that if the variance was
approved and the applicant was to sell, it would create future parking
issues without having any off street parking and would like to see
this go back to the Planning Commission if the applicant was willing
to construct a garage. Would deny as presented but would approve
with garage with access to Sunset.
Councilmember Sanderson inquired as to why we wouldn't allow a
curb cut to Sunset from the rear yard for access. Public Works
Director Yauchzee responded that access rights are commonly
waived to reduce vehicle interference with heavily used streets.
Mayor Pro Tern Hernandez stated his support of allowing a
conversion to stand with the condition that upon sale or transfer, a
lien would be required for compliance at that time.
Motion Motion by Hernandez to approve the appeal with an amendment.
Motion failed due to lack of a second.
Motion by Herfert and seconded by Touhey to deny the appeal.
Assistant City Clerk Rush presented:
RESOLUTION NO. 2008-68 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND DENYING VARIANCE NO. 08-04.
Motion by Herfert and seconded by Touhey to waive further reading
of the resolution and adopt.
Motion carried 3-0-2 (Hernandez and Sanderson abstained).
COMMUNITY DEVELOPMENT COMMISSION
Mayor Lane recessed the City Council meeting at 9:27 p.m. to
convene the CDC. The City Council reconvened at 9:28 p.m. with
all members present.
DEPARTMENTAL MATTERS
City Manager's Office
Appointment of City Council/City Staff Representative to San
G-1 Gabriel Valley Mosquito & Vector Control District Board of
Mosquito District Representative Trustees
Assistant to the City Manager Freeland presented the staff report.
Due to Mayor Pro Tern Hernandez's term expiring on December 31,
council needs to consider the appointment or re -appointment of
either a Councilmember or staff to the board of Trustees.
Motion Motion by Lane and seconded by Hernandez to appoint
Councilmember Herfert for a two-year term.
Motion carried by 5 - 0.
Finance Department
Amendment to License and Use Agreement with CCGS
G-2 Holdings LLC (Crown Castle)
Additional Cell at Shadow Oak Councilmember Touhey recused himself due to a conflict of
interest as he owns property in which cell tower companies lease
space and left the chambers.
Communications Consultant Clay Durbin presented the staff report
giving the details of the project. There would be no third tower but
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City Council Minutes of October 7, 2008
the current, older" tower would be removed and replaced with a
new tower for the co -location of carriers.
Council discussion ensued regarding the placement of towers
throughout the city, fees, and emissions from cell towers. Mr.
Durbin said that any disapproval must be based on reasons other
than effects of emissions as this type of antenna facility complies
with the FCC's regulations.
Applicant Tim Miller, T-Mobile representative, addressed the
intent of adding a cell tower to the site.
Motion Motion by Herfert and seconded by Lane to amend the License and
Use Agreement with Global Signal Acquisition III, LLC (now
doing business as Crown Castle) to maintain and operate a cellular
PCS (Personal Communications System) site at Shadow Oak Park.
Alternate Motion Alternate motion by Hernandez to deny the amendment.
Motion failed due to lack of a second.
Action Motion carried 3-1-1 (Hernandez -no, Touhey, abstained).
Councilmember Touhey returned to the dais.
Public Works Department
G-3 Restricting Overnight Parking from 2:00 a.m. to 6:00 a.m. on
Overnight Parking Streets Citywide
Public Works Director Yauchzee presented the report highlighting
the benefits of restricting overnight parking. Director Yauchzee
explained that the ordinance will be introduced tonight and the
second reading would occur at a subsequent meeting at which time
the fees will be presented. Fees would also require a public
hearing.
Several points of Council discussion were permit ticket machines,
parking issues in apartment and condo areas, fee structure for
permits, waivers, business areas and safety.
Police Chief Wills opined that aesthetically pleasing streets have a
crime prevention effect, in addition to better sight lines of home
fronts and reduction of car thefts and break-ins.
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 22-175
OF THE WEST COVINA MUNICIPAL CODE RELATING TO
OVERNIGHT PARKING RESTRICTIONS IN LIMITED
AREAS
Motion Motion by Herfert and second by Sanderson to waive further
reading of the ordinance, read by title only and introduce.
Motion carried by 5- 0.
COUNCIL COMMENTS Councilmember Touhey clarified his ownership of a cell tower —
that he owns property in which a cell tower leases space.
City Council Minutes of October 7, 2008
ADJOURNMENT
Submitted by:
tt City; dlerk Susan Rush
Motion by Lane and seconded by Herfert to adjourn the meeting at
10:53 p.m. in memory of the following:
• Essie Scott, long time resident,
• Gladys Cannon, long time resident,
• Marla Escarcega long time resident,
• James Burke, Jr., long time resident,
• Bill Cronin, long time resident,
• Lynn Zeller, former city employee
• Louis Brutocao, former Mayor of Covina and prominent
businessman in the community,
• Jim Gonsalves, long time resident.
Motion carried by 5 — 0.
Mayor erri Lane
E