12-15-2009 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 15, 2009
Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:05 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers Lane,
Touhey
Absent: Councilmember Hernandez
REPORTING OUT FROM CLOSED SESSION
None.
CHANGES TO THE AGENDA City Manager announced that Item F-1, Appeal Hearing of Precise
Plan No. 07-07, Conditional Use Permit No. 08-05, Negative
Declaration of Environmental Impact, Applicant/Appellant:
Roland Cordero (Foothill Transit) is continued to January 19,
2010 per request by Appellant.
PRESENTATIONS Mayor Sanderson called forward Dr. Denise Patton, Principal of
San Jose Edison Academy to recognize San Jose Edison for
receiving the U.S. Department of Education Blue Ribbon Award.
Mayor Sanderson presented Shannon Yauchzee, Public Works
Director two environmental leadership awards for the City, the
2009 Fleet Environmental Leadership Award and the 2009
Govenunent Green Fleet Award.
Mayor Sanderson called forward Mr. Ralph Aranda, SCMAF Past
President and Pico Rivera Parks and Recreation Director who
presented Mike Cresap, City of West Covina Recreation
Supervisor with a distinguished professional award.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, complimented the City in
moving forward with animal rights and thanked Mayor Pro Tem
Herfert and Councilmember Touhey for their support for Veterans
and for authorizing a veterans event next year and spoke in support
of restructuring the commissioner appointment process.
Alfred Williams Alfred Williams, West Covina resident, addressed the return of
cable and Internet access to council meetings; addressed comments
made at the December 1 Council meeting regarding election
reporting violations; expressed concern with council's actions
including prohibiting weapons in the Council Chambers and the
proposed changes to the City commission appointment process.
Fredrick Sykes Fredrick Sykes, West Covina resident, stated that Councilmember
Touhey and Herfert made false and slanderous comments at the
City Council Minutes of December 15, 2009
previous Council Meeting regarding election activity; addressed
agenda item regarding City Hall being open 7 days a week and the
additional costs and yet, public access to Council meetings has
been removed.
Olga Lepe Olga Lepe, West Covina resident and owner of Tacos Hernandez,
addressed Council regarding the relocating of her mobile food
truck [in compliance with a recent code amendment] asked to be
allowed to return to her previous location.
Assistant City Manager Bachman addressed the current regulations
regarding mobile food vendors and the appeal process and
administrative review which Ms. Lepe has gone through.
Mayor Pro Tem. Herfert responded to Mr. Sykes comments
regarding election violations and attack of his integrity.
Councilmember Touhey also commented on Mr. Sykes comments
made toward Mayor Pro Tern Herfert and himself.
CONSENT CALENDAR
City Council Meeting Minutes (receive & file)
D-1 Special Meeting of July 7, 2009
Minutes Regular Meeting of July 7, 2009
D-2a Commission Summary of Actions (receive & file)
Commission Summary of Actions Planning Commission 11/24/09
Miscellaneous — Community Services Department
Amendment to the City of West Covina's 1992 & 1996 Los
Angeles County Proposition "A" Safe Neighborhood Parks —
D-3a Youth Employment Plan
LA County Safe Neighborhoods Recommendation is that the City Council approve an amendment
to the City of West Covina's 1992 & 1996 Los Angeles County
Proposition "A" Safe Neighborhood Parks — Youth Employment
Plan to include the five projects referenced in the report.
Miscellaneous — Finance Department
D-3b Comprehensive Annual Financial Report for the Year Ended June
Comprehensive Annual Financial 30, 2009
Report Recommendation is that the City Council receive and file this
report.
Miscellaneous — Police Department
D-3c Appropriation of Federal Bulletproof Vest Partnership (BVP)
Federal Bullet Proof Grant Grant Funds
Recommendation is that the City Council appropriate reimbursable
Bulletproof Vest Partnership (BVP) grant funds totaling $4,574.78
into 195.31.3120.6999.
Miscellaneous — Public Works Department
D-3d Safe Routes to School Study
Safe Routes to School (Project No. TP-09504 and TP-10505)
Recommendation is that the City Council take the following
actions:
1. Accept the proposal from Alta Planning + Design in the
amount of $93,000 to update the City's Safe Routes to School
study and authorize the Public Works Director/City Engineer
and City Clerk to execute the contract.
2. Transfer $15,000 from Account No. 126.81.8844.7200 to
Project No. TP-10505, Account No. 128.85.8034.7800.
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City Council Minutes of December 15, 2009
D-3e State Grant for Technical Assistance
Grant for Technical Assistance Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2009-64 RESOLUTION NO. 2009-64 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING AND DIRECTING THE PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO APPLY FOR TECHNICAL
ASSISTANCE FROM THE CALIFORNIA ENERGY
COMMISSION
Miscellaneous — Community Development Commission
Resolution Designating the City of West Covina Recovery Zone
in Accordance with the American Recovery and Reinvestment Act
of 2009 for the Purposes of Issuing Taxable Recovery Zone
Economic Development Bonds and Tax -Exempt Private Activity
D-3f Recovery Zone Facility Bonds
Recovery Zone Designation Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2009-65 RESOLUTION NO. 2009-65 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DESIGNATING THE WEST COVINA RECOVERY ZONE IN
ACCORDANCE WITH THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 FOR THE PURPOSES OF
ISSUING TAXABLE RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS AND TAX-EXEMPT RECOVERY
ZONE FACILITY BONDS
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve the consent
calendar as recommended.
Motion carried by 4 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 7:39 p.m.
to convene the Community Development Commission meeting.
The City Council reconvened at 7:47 p.m. with all councilmembers
present.
PUBLIC HEARINGS Appeal of Precise Plan No. 07-07
Appeal of Conditional Use Permit No. 08-05
Appeal of Tree Removal Permit No. 08-05
Negative Declaration of Environmental Impact
F-1 Applicant/Appellant: Roland Cordero (Foothill Transit)
Hearing Continued Foothill Transit submitted a letter requesting the hearing be
rescheduled to January 19, 2010 due to unexpected scheduling
conflicts.
Motion by Herfert and seconded by Lane to continue the
hearing to January 19, 2010.
Motion carried 4-0.
Mayor Sanderson announced staffs recommendation to conduct
Public Hearing Items F-2 and F-3 simultaneously as one public
hearing due to the relationship of the subject matter and requested
a motion to proceed.
Motion by Touhey and seconded by Herfert to hear Public Hearing
Items F-2 and F-3 as one public hearing.
Motion carried 4-0.
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City Council Minutes of December 15, 2009
Public Hearing
Code Amendment No. 09-03
F-2 Density Bonuses
Zone Change No. 09-01
Mitigated Negative Declaration of Environmental Impact
Applicant: Tom Corley, Pacific Development
F-3 Location: 1838 E. Workman Avenue
Mayor Sanderson announced both public hearing matters and
Assistant City Clerk Rush verified that proper legal .notices had
been given. Mayor Sanderson then proceeded to open the public
hearings and Principal Planner Jeff Anderson presented a summary
of both staff reports stating that the request was for a zone change
to "Multiple -Family Residential", a request for a precise plan and a
conditional use permit.
He outlined details of the proposed project that includes a
three-story senior citizen apartment complex of 65 one -bedroom
units with 68 parking spaces; an 816 square foot community room
and, a 400 square foot patio for recreational space. The project
includes 13 very low-income units and 51 low-income units.
Council discussion Councilmember Herfert inquired if there would be a pathway
between the property and the neighboring property or if they would
be separate and whether there would be a red curb at the entrance
of the site.
Staff responded that the sites would be separate and that the
red curb is a condition of approval.
Public Testimony Mayor Sanderson proceeded to open the public comment portion
of the hearing and asked for public comments.
City Attorney Alvarez-Glasman stated for the record that
speaker Royall Brown's comments made during the Community
Development Commission meeting that pertained to this hearing
would also be incorporated with this hearing.
Comments made during CDC meeting-*Royall Brown, West
Covina resident, stated the City failed to properly follow CEQA
regulations regarding developments and water conservation.
Michael Lizarraga, President of TELACU, commended the City
for the project that will provide low-income housing for seniors.
Councilmember Touhey asked if the development had a 99
year covenant to keep the housing affordable.
Mr. Lizarraga explained that the covenant contains a
condition that if the developer violates the agreement to keep the
rents at low levels, a portion of the loan would be due and payable
back to the Community Development Commission.
Close Testimony With no one else wishing to address council, Mayor Sanderson
closed the public testimony portion of the hearing.
Assistant City Clerk Rush presented:
Ordinance Introduction 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 LOW AND MODERATE INCOME AND
SENIOR HOUSING AND DENSITY BONUSES (CODE
AMENDMENT NO. 09-03)
Motion Motion by Herfert and seconded by Touhey to introduce the
ordinance. Motion carried by 4 — 0.
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City Council Minutes of December 15, 2009
Resolution No. 2009-66 Assistant City Clerk Rush presented:
RESOLUTION NO. 2009-66 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 09-01,
CONDITIONAL USE PERMIT NO. 09-04, AND PRECISE
PLAN NO. 09-03, PURSUANT , TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
Motion Motion by Herfert and seconded by Touhey to adopt the resolution
as presented. Motion carried by 4 — 0.
Ordinance Introduction Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 09-01
Motion Motion by Herfert and seconded by Touhey to introduce the
ordinance. Motion carried by 4 — 0.
MAYOR'S/COUNCILMEMBERS REPORTS
Mayor Shelley Sanderson
Restructuring of City Commissions' Appointment Process,
H-1 Commission Sizes & Compensation
Commission Appointment Process Mayor Sanderson announced the item and asked for presentation
of the staff report.
Deputy City Manager Chris Freeland presented a brief
summary of the report giving the details of the past process of
appointing commissioners, council consensus and not individual
appointments, and outlined options. Freeland stated that if the
Council wished to move forward and change the procedures, staff
will require further direction for terms of office, existing
commissioners, size of commissions, and compensation.
Councilmember Herfert provided clarity on past procedure
stating that all councilmembers received and reviewed
commissioner applications and the interview process varied from
councilmember phone interviews to formal interviews.
Councilmember Herfert supported all existing commissioners be
considered for new process, keep the commission size as is and
keep compensation the same.
Freeland asked for direction regarding term of office and
suggested all current terms end the same date, with new terms
being three year terms and initial terms stagger between one year
and three year terms. Once the one year term is complete, the term
would then be a three year term.
Motion Motion by Herfert and seconded by Lane to support Option
#1 — Use of a City Council subcommittee to provide recommended
appointments, subject to confirmation by majority vote of the City
Council - have entire council interview planning commissioners as
a whole and all other commission applicants can be individually
interviewed and council can make selection as a whole; keep
commission size the same; keep the compensation the same; and
implement three year terms, with. two initial terms of five member
commission being a one year term and five initial terms of the
Community Services Commission being one year terms. Motion
carried by 4 — 0.
COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Councilmember Touhey
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City Council Minutes of December 15, 2009
Requesting the City Council Instruct City Staff to Prepare a
Report to Provide a One -Stop Counter on Friday, Saturday,
I-1 and Sunday to Conduct City Business.
One Stop Counter Motion by Touhey and seconded by Herfert to bring back the item
in a month in order to discuss ideas with City Manager.
Motion carried 4-0.
COUNCILMEMBER COMMENTS
Councilmembers Lane thanked Mayor Sanderson for her first
meeting as Mayor.
ADJOURNMENT
Subm t d'by:
Councilmember Touhey wished the residents a Merry Christmas
and Happy New Year and also thanked Mayor Sanderson on her
meeting as Mayor.
Motion by Herfert and seconded by Touhey to adjourn the meeting
at 8:12 p.m. in memory of resident and former commissioner
Delores Kowalski.
W. V I W'r -
Assistdnf 0 i ,lerk. Susan Rush
Mayor Shelley Sanderson
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