02-02-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
February 2, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:10 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 Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tem. Herfert
Councilmembers Hernandez, Lane
Absent Councilmember Touhey
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Nichols reported the following:
Mayor Sanderson, Mayor Pro Tern Herfert and
Councilmember Lane were present for discussions.
Items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation —
Chung vs. City of West Covina — Briefing was provided to Council
with no final action and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation —
Two cases — City Attorney reported no action taken and nothing
further to report.
Conference with Labor Negotiators — Employee
Organizations: W. C. Police Officers' Association, W. C. Police
Management Association, W.C.Firefighters Association, I.A.F.F.,
Local 3226, W. C. Firefighters Management Association,
Confidential Employees, Maintenance & Craft Employees, Non -
Sworn Safety Support Employees, General Employees, Mid -
Management Employees; Miscellaneous Unrepresented
Management Employees: Assistant City Clerk, Assistant City
Manager, Community Development Dir., Community Services
Dir., Deputy City Manager, Finance Director, Fire Chief, Dir.
Human Resources, Planning Director, Police Chief, Public Works
Dir/City Engineer, Dir. Risk Management — - Council received
briefing with no further action and nothing further to report.
Items on the Community Development Commission
Agenda:
Conference with Real Property Negotiators: Property:
1700 W. West Covina Parkway and 730 S. Orange Avenue — Input
was received from property owners and from staff, no final action
taken and nothing further to report.
CHANGES TO THE AGENDA No changes.
PRESENTATIONS Mayor Sanderson called forward Fire Chief Paul Segalla to
recognize the following firefighters for their years of service with
the West Covina Fire Department and to receive a Resolution of
Commendation and City Tile:
• Assistant Fire Chief Richard Genovese — 35 years of
service
• Fire Captain Scott McMaster — 26 years of service
Firefighter/Paramedic John` Russell — over 33 years of
service
City Council Minutes of February 2, 2010
Mayor Sanderson called forward Police Chief Frank Wills to
recognize Lieutenant Marcos Plebani and to receive a Resolution
of Commendation and City Tile for his 25 years of service with the
West Covina Police Department.
Mayor Sanderson called forward Community Services Director
Michele McNeill to present Certificates of Recognition to this
year's Volunteers of the Year. Carolyn Arndt, Jerry Curcio, and
Joanne Moses all were recognized for their volunteer service to the
community.
ORAL COMMUNICATIONS
Wen Wen Zhang Wen Wen Zhang, West Covina Library manager, spoke on
upcoming programs at the Library during the Month of February.
Bill Hosn Bill Hosn, West Covina resident, addressed mobile food vendor
restrictions.
Jess Ramirez Jess Ramirez, West Covina resident, expressed concerns with
tower approved by Planning Commission and site location and
addressed fee for parking at City Hall.
Beverly Bulthuis Beverly Bulthuis, West Covina resident, representing West Covina
Beautiful, announced West Covina's 871h birthday event.
Phillip Moreno Phillip Moreno, West Covina resident, addressed mobile food
vendors stating it is illegal for a mobile food vendor to rent space
from a business in Los Angeles County.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed campaign
reporting from the Committee "Concerned Citizens for a Better
West Covina."
Herb Redholtz Herb Redholtz, West Covina resident and president of Citizens
United for All West Covina, expressed his concern with the
campaign reporting of Concerned Citizens for a Better West
Covina.
Beverly Yanuaria Beverly Yanuaria, outreach coordinator/community educator for
Search to Involve Pilipino Americans (SIPA), spoke on reducing
youth access to tobacco through a Tobacco Retail License.
The following residents/speakers spoke in support of Tobacco Retail Licenses:
Cynthia Santana, WC resident/WC High School student
Isabella Zabala, WC resident\WC High School student
Wendy Campo WC resident/WC High School student
Rebecca Campos, WC resident/WC High School student
Tina Rivera, counselor at Coronado High School
Reina Castro, West Covina resident
Johnny Chua, Filipino Chamber of Commerce President
Lydia Solis, West Covina resident
Zodin Del Rosario, outreach coordinator for SIPA
The following speakers spoke in support of Tacos Hernandez and/or supported the vendor to be allowed
to return to its previous location:
Edgar Lepe, West Covina resident, son of vendor
Michelle Letona, West Covina resident
Cristina Camacho, Baldwin Park resident
Jasmine Olea, La Puente resident
Chastity Burr, Covina resident
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City Council Minutes of February 2, 2010
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed traffic issues on
Azusa Avenue and the ,maintenance work being done during peak
`school hours.
Bruce Leinbach Bruce Leinbach, West Covina resident, spoke on college football
teams and his home state Iowa; addressed the lack of televising
council meetings. '
Councilmember Hernandez addressed residents' requests for the
return of council meetings to cable and the internet and requested
to agendize a report that councilmembers . allocate their travel
allowance towards the return of_council meetings to cable.
Mayor Sanderson addressed concerns raised by speakers.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Public Hearings
Foothill Transit Appeal 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
Appellant/Applicant: Roland Cordero (Foothill Transit)
Mayor Sanderson announced the public hearing matter and
Assistant, City Clerk Rush verified that proper legal notice had
been given. Mayor Sanderson then opened the hearing and Acting
City Planner Jeff Anderson presented the staff report outlining the
proposed project of a parking structure to provide park and ride
spaces for bus patrons at Vincent Avenue and Lakes Drive.
Public Testimony Mayor Sanderson proceeded to open the public testimony portion
of the hearing and asked for public comments.
Applicant Michael De La Torre, chair of Foothill Transit public
transportation entity, requested support of the City Council for the
project and stressed the project is a regional project for the San
Gabriel Valley.
Doran Barnes, Executive Director of Foothill Transit, presented a
PowerPoint presentation of the project stating Foothill has secured
state and federal funding for the project. Mr. Barnes answered
questions from Council regarding the project.
In Favor The following, speakers spoke in support of the appeal and the
project citing the need for commuters to have parking close to their
bus pick up spots and the fact that Westfield will no longer allow
bus patrons to park in their parking structure, and not enough space
at City Hall.
Gabby Tovar, West Covina resident
Sandra Medina, West Covina resident
Maria Botello, Foothill Transit commuter
Mike Miller, West Covina Chamber president
Jorge Marquez, representative for Assemblymen Ed Hernandez
Susan Flores, West Covina resident
Judith Robins, West Covina resident
Michael Romero, West Covina resident
Glenda Spratt, car pooler
Gary Lawson, Greater West Covina President, and also stated
signage at the structure would benefit the commercial businesses.
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City Council Minutes of February 2, 2010
James Munoz, West Covina resident
Hank Fung, representative 'for Southern California Transit
Advocates
Cesar Cervantes, West Covina resident
Roger Chandler, Vice Chairman of Foothill Transit
Audrey Lynberg, West Covina resident
Jennifer Garcia, West Covina resident
Christina Valenzuela, West Covina resident
Edward Miller, West Covina resident
Joan Mack, Covina resident
Ramon Segara, Westfield representative, recited a prepared
statement from Westfield expressing their obligation to their
tenants and customers to provide service; that no vehicles have
been towed, but that if issue is not resolved, it could lead to
towing. Westfield would like to work with the City and Foothill
Transit.
City Manager Pasmant stated that he spoke with a representative
from Westfield Corporate Office and was informed that Westfield
will work with the City to allow for a temporary solution.
Susan Benjamin, West Covina resident spoke in favor.
One resident addressed parking for car poolers who need a place to
park and are not bus commuters. Doran Barnes, Foothill Transit,
addressed car_pooling and van pooling use of parking structure.
Opposed The following speakers spoke in opposition of the appeal citing the
reason as location of the structure, not the project.
Steve Sheldon, representing DJM Capital Partners, owner of
project located at 950 Lakes, stated the location would have a
detrimental and negative effect upon the center.
Royall Brown, West Covina resident — opposed.
Ester Bryant, West Covina resident, spoke in support of project but
concerned with parking options with Westfield not allowing
parking starting on Monday.
City Manager Pasmant reiterated his conversation with Westfield
Corporation that Westfield will work with the City.
Kathleen McCally, West Covina resident
Lloyd Johnson, West Covina resident
John Shewmaker, West Covina resident
Rebuttal Doran Barnes rebutted those opposed and addressed issues of
parking security, LEEDS Certification, grant process, and lack of
funding for alternative site or underground parking.
Close Testimony With no one else wishing to comment, Mayor Sanderson closed
the public comment portion of the hearing.
Council discussion Councilmember Hemdndez stated he observed the community
wants this project and the council has an obligation to think about
the needs.
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City Council Minutes of February 2, 2010
Motion Motion by Hernandez to overturn the Planning Commission
decision and approve the project.
Mayor Pro Tem Herfert expressed his concerns with the location
and pedestrian traffic. Councilmember Lane also shared her
concerns of additional traffic in an already congested area. Mayor
Sanderson recognized the current issue and stated that Foothill
Transit needs to work with Westfield to mediate and/or resolve
issues with commuters parking in the Westfield structure.
Councilmember Hernandez inquired into when the General Plan
was last updated and asked Foothill Transit if they have had any,
discussions with neighboring properties regarding alternate
locations.
Motion dies for a lack of a second.
Alternative Motion Alternative motion by Herfert and seconded by Lane to adopt the
following resolutions:
Resolution No. 2010-1 RESOLUTION NO. 2010-1 — A RESOLUTION OF THE CITY
Denying Precise Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND DENYING PRECISE PLAN NO. 07-07
AND TREE REMOVAL PERMIT NO. 08-05
Resolution No. 2010-2 RESOLUTION NO. 2010-2 — A RESOLUTION OF THE CITY
Denying CUP No. 08-05 COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND DENYING CONDITIONAL USE PERMIT
NO. 08-05.
Motion carried 3-1 (Herndndez voting No.)
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Mayor's/Councilmembers Reports
C-2 Annual Appointment of City Council Representatives to Other
Appointments to Other Agencies Agencies
By City Council consensus, this item was held over to the next
Council meeting.
Councilmember Herndndez and Herfert left the dais at 11:27 p.m.
Mayor Sanderson called a five-minute break at 11:27 p.m.
Council reconvened at 11:39 p.m. with all members present except Councilmembers Herndndez .
CONSENT CALENDAR
City Council Meeting Minutes (receive & file)
D-1 • Regular Meeting of November 3, 2009
Minutes • Regular Meeting of November 17, 2009
• Special Meeting of December 1, 2009
• Regular Meeting of December 1, 2009
• Regular Meeting of December 15, 2009
D-2a Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission 01/26/10
D-3a Ordinance for Adoption '(approve and adopt)
Ordinance No. 2201 Ordinance Amending the West Covina Municipal Code on the
Appointment of City Commissioners
ORDINANCE NO. 2201 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
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City Council Minutes of February 2, 2010
AMENDING ARTICLE III OF CHAPTER 2 OF THE WEST
COVINA MUNICIPAL CODE REGARDING ADVISORY
COMMISSIONS
D-3b Ordinance Amending Section 22-131 of the Municipal Code
Ordinance No. 2202 Relating to Increase of State Law Maximum Speeds (Virginia
Avenue)
ORDINANCE NO. 2202 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 22-131 OF THE MUNICIPAL CODE
RELATING TO INCREASE OF STATE LAW MAXIMUM
SPEEDS (VIRGINIA AVENUE)
D-3 c Ordinance Approving Zone Change No. 09-02
Ordinance No. 2203 845 and 855 N. Lark Ellen Avenue
ORDINANCE NO. 2203 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 09-02
D-4
Treasurer's Report
City Treasurer's Report (receive & file)
Month of December 2009
D-5a Miscellaneous — Public Works Department
Reallocation of Property Taxes Request for Reallocation of Property Taxes
Los Angeles County Sanitation District No. 22 (Annexation No.
396)
Location: Cortez Street Between Peace and Quiet Drive and
Prospero Drive (Three Existing Single -Family Homes and Three
Proposed Single -Family Properties)
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-3 RESOLUTION NO. 2010-3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE JOINT RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE
BOARD OF DIRECTORS OF COUNTY SANITATION
DISTRICT NO. 22 OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING AND ACCEPTING
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES
RESULTING FROM AN ANNEXATION TO COUNTY
SANITATION DISTRICT NO. 22, BEING ANNEXATION NO.
396
D-5b
First Floor Infill RFP
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D-5c
Agreement - Sponsored Event Svcs
Approval to Use Grant Funds to Infill the City Hall's First Floor
and Request for Proposals (RFP) for Desian Services
Recommendation is that the City Council take the following
actions:
1. Accept Grant Funds from the Castucci Foundation to be used
to inf ll the City Hall's first floor for the expansion of the
Police Department.
2. Direct staff to prepare and send a Request for Proposal (RFP)
for related design services.
3. Appropriate $80,000 for design from Grant Funds to Fund 160
(Capital Project Fund).
Miscellaneous — Community Development Commission
Agreement for City Sponsored Event Services with Greater West
Covina Business Association to Conduct Events on Behalf of the
Citv at the Lakes Outdoor Entertainment Area
Recommendation is that the City Council approve said Agreement
for City Sponsored Event Services with the Greater West Covina
Business Association ("GWC") to conduct on behalf of the City
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City Council Minutes of February 2, 2010
outdoor events at the Lakes Outdoor Entertainment Area, and
authorize the City Manager or his designee to execute all ,necessary
agreements.
D-6 Councilmember Reports
Bobby Salcedo Death Resolution Requesting the United States Government to Work with
the Mexican Government to Ensure a Thorough and Expedited
Investigation into the Brutal Murder of Robert "Bobby" Salcedo in
Gomez Palacio, Durango, Mexico
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-4 RESOLUTION NO. 2010-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CALLING FOR A THOROUGH AND EXPEDITED
INVESTIGATION INTO THE BRUTAL MURDER OF
ROBERT "BOBBY" SALCEDO IN GOMEZ PALACIO,
DURANGO, MEXICO
CONSENT CALENDAR ACTION Motion by Lane and seconded by Herfert to approve all items on
the Consent Calendar as recommended except Item D-5b
Approval to Use Grant Funds to Infill the City Hall's First Floor
and Request .For Proposals (RFP) for Design Services. Mayor
Pro Tem Herfert said he has a conflict as he is on the Board of
Directors of the Castucei Foundation and would abstain..
Motion carried by 3-0 on all items except Item D-5b which
carried 2-0-1.
Councilmember Hernandez returned to the dais at 11:44 p.m.
PUBLIC HEARINGS
Public Hearing
E-1 Code Amendment No. 08-01
Nonresidential Zone Code Update Non -Residential Zone Code Update
Applicant: City of West Covina
Location: Citywide
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Mayor Sanderson then opened the hearing and Acting City Planner
Jeff Anderson presented the staff report, which summarized the
changes and then responded to questions.
Councilmember Hernandez inquired about the change from a CUP
to an AUP and reasons for proposed changes. Anderson responded
to his questions.
Public Testimony Mayor Sanderson opened the public testimony portion of the
hearing and asked for public comments.
Closed Testimony There being no one 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
RELATING TO DEFINITIONS; PROCEDURE, HEARINGS,
NOTICES, FESS AND CASES; NONRESIDENTIAL ZONES;
MASSAGE PARLORS AND BATHHOUSES; AND ON -SALE
ALCOHOL LICENSES SECTIONS OF THE MUNICIPAL
CODE (CODE AMENDMENT NO. 08-01)
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City Council Minutes of February 2, 2010
Motion Motion by Herfert and seconded by Lane to introduce the
ordinance as recommended. Motion carried by 3 — 1 (Hernandez —
No).
Councilmember Hernandez stated that when Councilmembers
surrender their authority and discretion to make decisions, they
limit themselves as being accountable to the community.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting to convene
the Community Development Commission meeting at 11:50 p.m.
The City Council reconvened at 11:51 p.m. with all members
present except Councilmember Touhey.
COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Roger Hernandez
I-1 Request from Councilmember Roger Hernandez Instructing
Mobile Food Vendor Guidelines City Staff to Prepare a Report for the City Council to
Reconsider the Guidelines Outlined in Ordinance No. 2196
Related to Mobil Food Vendors
Councilmember Hernandez stated his request to reconsider the
guidelines related to Mobile Food vendors stating some restrictions
are too prohibitive and the community's desire to have the
vendors.
Motion
I-2
Solar Panel Installation Permits
Motion
Councilmember Herfert commented that much time and work went
into developing the guidelines stating that the guidelines are within
the law and that it is too soon to make changes.
Councilmember Lane stated she is in agreement with the
adopted guidelines.
Councilmember Hernandez asked staff how many sites in the city
meet the guidelines set forth in the ordinance.
Community Development Director Chung stated a study
could be conducted for cities meeting criteria, however, the ability
to determine owners of property who would grant permission
would probably not be obtainable. Deputy City Attorney Nichols
brought forth information on some of the legal issues surrounding
mobile food vendors in other cities.
Motion by Herfert and seconded by Lane to deny request as
presented. Motion carried 3 — 1 (Hernandez — No).
Councilmember Roger Hernindez
Request from Councilmember Roger Hernindez Requesting
the City Council to Instruct City Staff to Prepare a Report on
Recommendations to Streamline the Permit Process & Fee
Structure for Solar Panel Installation
Councilmember Hernandez addressed concerns by the public
regarding the cost of permits for solar panel installation in the City
and requested the consensus of council to review process and fees.
Public Works Director Yauchzee responded to questions regarding
cost and streamlining process and how the city compares with
others.
Motion by Herfert and seconded by Sanderson to bring back a
report. Motion carried by 4 — 0.
City Council Minutes of February 2, 2010
Councilmember Roger Hernandez
I-3 Request from Councilmember Roger Hernandez Requesting
Tobacco Retail -Licensing the City Council to Instruct City Staff to Prepare a Tobacco
Retail -Licensing Ordinance to Reduce Youth Access to
Tobacco
Motion Motion by Herfert and seconded by Lane to approve bringing back
a staff report on this matter. Motion carried by 4 — 0.
COUNCILMEMBER COMMENTS
Councilmember Herfert requested a staff report on campaign
financing laws.
ADJOURNMENT Motion by Lane and seconded by Herfert to adjourn the meeting at
12:05 p.m. Motion carried by 4 — 0.
Subtwitted by:
ILI 4,t4�
Assistant City Clerk Susan Rush
Mayor Shelley Sanderson
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