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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 2 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. 3 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. C! 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.) I 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, 5 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 n 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 G 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) 7_� 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 9