01-19-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
January 19, 2010
Mayor Pro Tern Herfert 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 Pastor Nestor Rebong
St. Christopher's Church
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Pro Tern Herfert
Councilmembers Hernandez, Lane, Touhey
Absent: Mayor Sanderson
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present for closed session with the
exception of Mayor Sanderson.
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 — Existing Litigation —
Chung vs. City of West Covina — City Attorney reported that
Councilmember Hernandez did not participate in the discussion.
Council received a briefing from special counsel; direction was
provided with no further action to report.
Conference with Legal Counsel — Existing Litigation —
Mendoza, et al vs. City of West Covina — City Attorney stated that
all members participated in the discussion except Mayor Sanderson
who was absent. By unanimous vote, direction was provided to
the City Attorney's office to take action to file a motion for a new
trial and possible appeal.
Conference with Legal Counsel — Anticipated Litigation —
One case. City Attorney reported that Councilmember Hernandez
did not participate in the discussion and that direction was
provided to special counsel with no action taken and nothing
further to report.
CHANGES TO AGENDA City Manager Pasmant announced a change to Item D-6a, Surplus
Equipment, stated that a memo was sent to Council regarding the
Action Food Pantry's request for a donation of the 1991 GMC
truck (P39S). City Manager asked that this equipment be pulled
from the list and the memo reconunended on how to pay for it with
the possible use of grants and asked the Council for their
consensus. Council agreed to have the truck removed from the
surplus list for consideration to the Food Pantry..
City Manager announced that the applicant/appellant, Foothill
Transit for Item E-2, 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) requested to continue the matter in two weeks
and asked for City Attorney's direction procedure.
City Council Minutes of January 19, 2010
City Attorney stated it would be appropriate, if Council
wishes to continue the matter, to open the hearing and continue to
a date certain without receiving testimony tonight.
City Manager also reported that Item H-2, Annual Appointment of
City Council Representatives to Other Agencies — would be
continued to the next meeting due to Mayor Sanderson's absence.
PRESENTATIONS Mayor Pro Tern Herfert 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 Pro Tern Herfert presented Shannon Yauchzee, Public
Works Director two environmental leadership awards for the City,
the 2009 Fleet Environmental Leadership Award and the 2009
Government Green Fleet Award.
Mayor Pro Tern Herfert 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
Chris Johnson Chris Johnson, West Covina resident, spoke in support of Tacos
j Hernandez, stated the owner is just trying to make a living and also
stated their old location was convenient.
Olga Lepe Hernandez Olga Lepe Hernandez, West Covina resident and owner of Tacos
Hernandez, requested to be allowed to return her catering truck to
her old location at Garvey and Citrus.
City Manager responded that Ms. Lepe's request to operate at the
requested location was denied as the request to place the truck at
that location does not comply with the City's municipal code
regulations. Ms. Lepe did file an appeal and had been informed
that she must request to operate at a location that does comply with
the City's code.
Diep Patel Diep Patel, West Covina resident, addressed the recent process he
had to go through for installing solar panels and stated the process
violates specific laws; recommended ways to enhance the solar
panel permit process in West Covina.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed the passing of
resident Milford Walker; senior housing project on Workman
Avenue expressing concerns with the project cost.
Chastity Burr Chastity Burr, Covina resident, spoke on behalf of Tacos
Hernandez voicing her support of allowing Tacos Hernandez to
return to their prior location of business.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the passing of
West Covina residents Bill Dunn and Milford Walker; supported
parking structure proposed by Foothill Transit.
CONSENT CALENDAR
City Council Meeting Minutes (receive & file)
D-1 Regular Meeting of July 21, 2009
Minutes Regular Meeting of August 18, 2009
2
City Council Minutes of January 19, 2010
Special Meeting of September 1, 2009
Regular Meeting of September 1, 2009
Special Meeting of September 15, 2009
Regular Meeting of September 15, 2009
Special Meeting of October 6, 2009
Regular Meeting of October 6, 2009
Special Meeting of October 20, 2009
Regular Meeting of October 20, 2009
D-2a Commission Summary of Actions (receive & file)
Commission Summary of Actions Planning Commission 12/08/09
Ordinance for Adoption (adopt)
Ordinance Approving Zone Change No. 09-01
Applicant: Tom Corley, Pacific Development
D-3a Location: 1838 E. Workman Avenue
Ordinance No. 2199 ORDINANCE NO. 2199 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 09-01
Ordinance Amending chapter 26 (Zoning) Related to Low and
Moderate -Income and Senior Housing and Density Bonuses
D-3b (Code Amendment No. 09-03)
Ordinance No. 2200 '. ORDINANCE NO. 2200 — 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)
D-4 , Traffic Committee Minutes — December 15, 2009
Traffic Committee Minutes a. Accept and file the following minutes of the Traffic Committee
Meeting of December 15, 2009.
I. Request — City Initiated
That the traffic condition on Virginia Avenue from Barranca
Street to Grand Avenue be reviewed.
Traffic Committee Recommendations:
That stop signs, stop ahead signs, and appropriate pavement
markings be placed on the west and eastbound approaches of
Virginia Avenue at Mesa Drive.
That Virginia Avenue from Barranca Street to Grand Avenue
be posted at 25 miles per hour.
That the radar trailer be utilized to make drivers aware of their
vehicle speed along Virginia Avenue and that the Police
Department increase speed enforcement as feasible.
II. Request - Jose Victoria, West Covina Resident
That the installation of a traffic signal be considered at the
Hollenbeck Avenue and Vine Avenue intersection.
Traffic Committee Recommendation:
That additional stop signs be installed at the centerline of
Hollenbeck Avenue in four -foot wide raised medians for the
north and southbound approaches at Vine Avenue.
b. It is recommended that the City Council introduce the following
ordinance to reduce the speed limit on Virginia Avenue from
35 miles per hour to 25 miles per hour [refers to Traffic
Committee Item I):
3
City Council Minutes of January 19, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 22-
131 OF THE WEST COVINA MUNICIPAL CODE RELATING
TO INCREASES OF STATE LAW MAXIMUM SPEEDS
(VIRGINIA AVENUE)
D-5 City Treasurer's Report (receive & file)
Treasurer's Report Report for the Month November 2009
Miscellaneous — Finance Department
D-6a Surplus Equipment
Surplus Equipment Recommendation is that the City Council authorize the sale of the
surplus vehicles by public auction company, US Auctions, in
accordance with Section 2-316 of the West Covina Municipal
Code.
Councilmember Hernandez thanked speaker Mr. Patel for his
comments regarding solar panel permits and requested staff return
with a report in which the Council can review the current permit
process.
Councilmember Hernandez expressed his concern with the mobile
food vendor and requested the item be brought back to council for
review.
Commenting on the tragic death of El Monte School Boardmember
Bobby Salcedo in Mexico, Councilmember Hernandez requested
the City Council consider the adoption of a resolution requesting
Federal and State leaders to join with Mexican Government leaders
to take action on curbing such activity and violence.
CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Lane to approve the consent
calendar as recommended with the removal of vehicle P39S from
the Surplus Equipment list.
Motion carried by 4 — 0.
Mayor''Pro Tem Herfert requested item G1 — Selection of Dates for the Annual Independence Day
Celebration be brought forward for consideration.
DEPARTMENTAL MATTERS
Selection of Dates for the Annual Independence Day
G-1 Celebration
4th of July Celebration Community Services Manager Smilowitz presented a brief staff
report which summarized. the request of the Muscular Dystrophy
Association (MDA) who partners with West Covina for the event,
to hold the event for two days on July 3 and July 4 in order to
maximize the MDA's fundraising potential.
Motion by Hernandez and seconded by Touhey to approve the
request from the MDA to hold the annual Independence Day
Celebration for two days, July 3 and July 4, 2010.
Motion carried 4-0.
11
City Council Minutes of January 19, 2010
PUBLIC HEARINGS
Public Hearing
Zone Change No. 09-02
Applicant: City of West Covina and Frank Rizzi for F & C
Corporation
E-1 Location: 845 and 855 N. Lark Ellen Avenue
Zone Change 09-02 Mayor Pro Tem Herfert announced the public hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Pro Tern Herfert proceeded to open the public
hearing and Principal Planner Jeff Anderson presented a brief
report summarizing the request for a zone change, which currently
is not consistent with the General Plan.
Motion by Touhey and seconded by Hernandez to
introduce the following ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 09-02
Motion carried 4-0.
Appeal Hearing
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
E-2 Applicant/Appellant: Roland Cordero (Foothill Transit)
Foothill Transit Councilmember Touhey recused himself from discussion and
participation due to his contract with the Charles Company.
Councilmember Touhey left the Chambers at 7:54 p.m.
Motion by Lane and seconded by Hernandez to continue the
hearing to February 2, 2010
Motion carried 34.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Pro Tern Herfert recessed the City Council meeting at 7:54
p.m. to convene the Community Development Commission
meeting. The City Council reconvened at 7:55 p.m. with all
councilmembers present except Councilmember Touhey.
At 8:03 p.m. Mayor Pro, Tern Herfert recessed the City Council
meeting and reopened the Community Development Commission
(CDC) meeting. At 8:04 p.m. the City Council reconvened with all
members present.
DEPARTMENTAL MATTERS
Selection of Dates for the Annual Independence Day
G-1 Celebration
4th of July Celebration Item moved forward and discussed following Consent Calendar.
Councilmember Touhey returned to his seat at the dais at 7:50 p.m.
I _
5
City Council Minutes of January 19, 2010
MAYOR'S/COUNCILMEMBERS REPORTS
Mayor Shelley Sanderson
Restructuring of City Commissions' Appointment Process,
H-1 Commission Sizes & Compensation
Commission Appointment Process Motion by Touhey and seconded by Lane to introduce the
following ordinance to restructure the commissioner appointment
process.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLE III OF
CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE
REGARDING ADVISORY COMMISSIONS
Motion carried 3-1 (Hernandez —No)
Mayor Shelley Sanderson
Annual Appointment of City Council Representative to Other
H-2 Agencies
Liaison Appointment This item held over to subsequent meeting due to the absence of
the Mayor.
COUNCILMEMBER COMMENTS
Councilmember Hernandez reiterated his earlier request for a
resolution to Federal and State leaders regarding Bobby Salcedo.
Mayor Pro Tem Herfert also requested letter from the
Mayors be sent along with the adoption of a resolution.
CDC meeting reopened Mayor Pro Tem reopened the Community Development
Commission at 8:03 p.m.. The City Council meeting reconvened
at 8:04 p.m. with all members present.
ADJOURNMENT
Sub t ed by:
Assistdrit City Clerk Susan Rush
City Manager Pasmant requested clarification on Council direction
regarding request from the Food Pantry for donation of pickup
truck. Council consensus for the city staff to work with the Action
Food Pantry for the best resolution.
Mayor Pro Tem Herfert expressed condolences to the victims of
the Haiti earthquake.
Motion by Touhey and seconded by Herfert to adjourn the meeting
at 8:07 p.m. in memory of the following:
• Jerry Jackson, father of Assistant City Clerk Sue Rush
• Tim Rodgers Sr., father of WC Police Sgt. Tim Rodgers
• Angelina Smilowitz, mother of Community Services
Manager Scott Smilowitz
• Milford Walker, long time resident
• Ruth House, West Covina resident
Patricia Oldham, mother of resident Sue Aguino
• Bill Dunn, former West Covina resident and WC High
Schoolcoach
• Bobby Salcedo, El Monte School District Board Member