10-19-2010 - Regular Meeting - MinutesMIN
TES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 19, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:03 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Aenue, West Covina.
INVOCATION Reverend Mary Hollifield
West Covina I nited Methodist Church
PLEDGE OF ALLEGIANCE
ROLL CALL
Absent:
Touhey
Mayor Sande son, Mayor Pro Tem Herfert, Councilmembers
Hernandez, To, hey
REPORTING OUT FROM CLOSED SESSION
Lane
City Attorney lvarez-Glasman reported the following:
Prior tc convening into closed session all items on the CDC
agenda were announced for inclusion in the closed session
discussion. Chairman Sanderson, Vice Chairman Herfert and
Commissioner Touhey were present.
Items on the CDC agenda:
Conference with Real Property Negotiators - Property:
1420 South P,7illow Avenue. West Covina, CA 91790 - City
Attorney Alv ez-Glasman reported that direction was provided by
Agency negoti itors to the CDC with no further action and nothing
further to repo .
Confer nce with Real Property Negotiators - Property:
1230 & 1246 Lakes` Drive, West Covina, CA 91790 - City
Attorney Alva ez-Glasman stated that a presentation was made by
the Agency's negotiators, direction was given to staff with no
further action 4nd nothing further to report.
CHANGES TO THE AGENDA City Manager asmant announced language changes to Item D-3d,
Retirement Benefit — Miscellaneous Employees — to comply with
Public Emplo ees Retirement System laws.
PRESENTATIONS Mayor Sande son introduced Assemblyman Ed Hernandez who
introduced Dr. William Good who was selected by the Assemblyman
to be honored as the 571" Assembly District Holocaust Survivor of
the Year.
Mayor Sander on recognized Coronado High School Principal Dr.
Julio Fonseca for the school's excellent performance during the
2009-2010 school year.
Mayor Sa
Services 1
September
Mayor Sand(
Covina Youl
Zone Champ
n, assisted by Michele McNeill, Community
r, presented Michelle Souza, winner of the
contest, with a certificate of recognition.
;on assisted by Josh Quintanar, manager of the West
Pony Baseball Shetland Team, who won the 2010
nship, presented the team certificates of recognition.
City Council Minutes of October 19, 2010
Mayor Sand(
West Covina
presented cer
ORAL COMMUNICATIONS
assisted by James Duronslet, manager of the
i Pony Baseball Foal World Series Champions,
-s of recognition to the players.
Joanne Wilner Joanne Wilner, West Covina resident, objected to the sale of Civic
Center property adjacent to the Library stating that the Civic
Center should be for civic building and any new parking should be
underground; 9nd inquired as to who "miscellaneous employees"
are as they relate to the PERS Amendment.
Elsie Messman Elsie Messman, West Covina resident, addressed T-Mobile
wireless antennas proposed for Fire Station #5 expressing concerns
with excessive itowers in the area. .
Lorena Henning Lorena Henning, National Little League at Del Norte Park,
presented plaques to Councilmembers Sherry Lane, Steve Herfert,
and Michael Touhey for their continued support.
Fredrick Sykes 'Fredrick S) kes, West Covina resident, addressed
telecommunication towers and requested a temporary moratorium
to restructure guidelines and to develop a master plan for such
towers; suppo ed upholding the Planning Commission decision to
deny off -sale s6rvice of alcohol at Walgreens on Glendora Avenue;
opposed sale o� Civic Center property.
Mayor Louie Aguinaga Mayor of South El Monte, Louie Aguinaga, requested support for
his candidacy 16r the San Gabriel Basin Water Quality Authority.
Mayor Sanderlon requested input regarding Federal regulations on
cell towers.
City Attorney Alvarez-Glasman responded that the City Council
could base their decision on any factor they wish, but if it is based
solely on heath issues, the Federal courts will set aside those
factors.
CONSENT CALENDAR Councilmember
Steve Herfert requested that Items D-3c Lease
Agreement wit
T-Mobile West Corporation to Co -Locate a Radio
Tower at Fie
Station S and D-3d Retirement Benefit —
Miscellaneous
Employees be pulled for separate consideration.
Councilmemb
r Herndndez requested Item D-3a Exclusive
Negotiating Agreement
with CGM Development be pulled for
separate consideration.
Councilmember Touhey stated he would
leave the roo
to recuse himself due to a conflict of interest during
discussion of I
em D-3c.
Leeting
D-1 City Council
Minutes (receive & file)
Minutes Regular Meeti
g Minutes of September 7, 2010
D-2 Commission Summary
of Actions (receive & file)
Summary of Actions a) Community
Services 07/13/10
b) Planning
10/12/10
c) Senior Citizens
06/24/10
This item pullt
d for separate discussion
D-3a Miscellaneou
— Community Services Department
ENA Civic Center Exclusive Ne votiatina
Agreement with CGM Development
Recommendation is that the City Council approve a 180-day
Exclusive Negotiating Agreement. with two (2) 60-day option
periods with (.G.M. Development, Inc. ("Developer") in order to
City Council Minutes of October 19, 2010
D-3b
LA Report Homeless Count
negotiate the to'rms of sale and development of approximately 2.2
acres portion @ the Civic Center site.
2011 Greater Los Angeles Homeless Count Conducted by the Los
report.
is that the City Council receive and file this
This item pulle for separate discussion
D-3c Miscellaneous - Finance Department,
T-Mobile Lease/Fire Sta. 5 Lease Agreement with T-Mobile West Corporation to Co -Locate a
Radio tower at ire Station 5
Recommendati ns is that the City. Council approve the proposed
Lease Agreement authorizing T-Mobile West Corporation to lease
284 square feet of space to house ground equipment and install
wireless antenna on the City owned Radio Tower at Fire Station 5
for a wireless site.
This item pulle' for separate discussion
D-3d Miscellaneous - Human Resources Department
Misc. Employees 2% @ 60 Retirement Benefit — Miscellaneous Employees
In order to im lement the change in retirement benefit from 2.5%
@ 55 to 20@ 60 for miscellaneous employees entering
membership for the first time in the miscellaneous classification, as
previously app�oved in the Memorandums of Understanding and
the City's LaTt Best and Final Offer with five miscellaneous
bargaining units, the City Council is requested to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL O THE CITY OF WEST COVINA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMP OYEES' RETIREMENT SYSTEM
D-3e Miscellaneous - Police Department
Motorola Radio Purchase Mobile Radio Purchase Using 2008 State Homeland Security
Grant Pro ram Funds
Recommendat}}'on is that the City Council authorize the direct
purchase of set✓en (7) equipped vehicle mounted XTL 5000 mobile
radios from otorola's authorized regional distributor (Advanced
Electronics) a ider Los Angeles County contract pricing MA-IS-
43070-6, total'ng $34,481.17, using 2008 State Homeland Security
Grant funds, account 227.31.3110.6999.
D-3f Additional 20 9-2010 Supplemental Law Enforcement Services
SLESF Grant Fund (SLESF)l Grant Funds _
Recommendation is that the City Council appropriate the
additional $40 723.86 funds from the State under the Supplemental
Law Enforcement Services Fund (SLESF) grant into
155.31.3110.6 90 for unbudgeted police supply items.
CONSENT CALENDAR ACTION
Motion by He I fert and seconded by Touhey to approve all items on
the Consent Calendar as presented except items D-3a Exclusive
Negotiating Agreement with CGM Development, D-3c Lease
Agreement with T-Mobile ..West Corporation to Co -Locate a
Radio Tower at Fire Station 5 'and D-3d Retirement Benefit —
Miscellaneou Employees. Motion carried by 4 — 0.
City Council Minutes of October 19, 2010
Item D-3a
Motion
Item D-3d
Motion
Exclusive NeA
Councilmemb,
civic center p
the loss of op(
land.
Comm
questions stat
developed; thz
that the ENA
City, will be
consideration
'iatingAgreement with CGMDevelopment -
Hernandez linquired about the possible sale of
perty, whether the financial benefits outweighed
space and aesthetics and beauty of the city -owned
city Development Director Chung responded to
g that the benefits of the project have not been
this agreement was not -a purchase agreement; and
the method by which the financial benefits to the
;veloped and brought back to Council for their
Councilmember Hernandez mentioned that historically,
ENAs have resulted in the sale of land and asked that the Council
take into consideration preserving the pristine nature of the City's
property.
Motion by Her'fert and seconded by Touhey to approve the ENA
with CGM De lelopment as recommended.
Motion carried by 3 — 1 (Hernandez — No).
Retirement Benefit — Miscellaneous Employees -
As brought up by a speaker, Assistant City Manager Thomas
Bachman clarified the term miscellaneous employees refers to all
non -sworn emrilovees.
Motion by H rfert and seconded by Touhey to introduce the
following ordi ance. Motion carried by 3 I (Hernandez — No).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST CO INA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF WEST COVIN:A AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMP OYEES' RETIREMENT SYSTEM
Councilmember Touhey recused himself and left the room at 8:19 p.m. due to a conflict of interest
regarding Item D-3c.
Item D-3c Lease Agreement with T-Mobile West Corporation to Co -Locate
a Radio Towet at Fire Station S —
Assistant City Manager Bachman presented a brief report stating
that the proposal is for an agreement to lease space at Fire Station
5 and to co -locate antennas on a City owned Radio tower.
Discus ion ensued regarding the initiation of cell tower
proposals.
Motion Motion by erfert and seconded by Hernandez to deny the
proposed lease agreement with T-Mobile West Corporation to Co -
Locate a Radic Tower at Fire Station 5. Motion carried by 3 — 0.
Councilmember Touhey returned to the dais at 8:28 (p.m.
PUBLIC HEARINGS
E-1 Appeal Hea
Walgreens AUP — Alcohol Sales Appeal of PI
Permit No. 1
Categorical 1
Location:
Applicant/A]
Mayor Sand
Clerk Rush
Commission Denial of Administrative Use
1131 South Glendora Avenue
-llant: Walgreens (Daniel J. Kramer, Haas Najarian,
-witz. Best Best & Krieaer. LLP)
on announced the hearing matter and Assistant City
erified that proper legal notice had been given.
City Council Minutes of October 19, 2010
0
Open Testimony
In favor
Mayor Sander
Planning Dire
applicant is rei
(AUP) to allo
with the opt
conveyed that
receiving a re
deferred to th
recommended
however the
concerns over
census tract.
Council.
Mayor So
for public
Seth Merew
requirements
Walgreens is
demand and i
they are only
hard liquor a:
approve the li
Mayor Sander:
in the area that
)n then proceeded to open the hearing and Acting
or Jeff Anderson presented the staff report. The
testing the approval of an administrative use permit
off -sale service of beer and wine in conjunction
tion of an existing Walgreens. Mr. Anderson
taff has the ability to approve an AUP but due to
.pest from a neighboring business, the matter was
Planning Commission. During the hearing, staff
pproval of the AUP to the Planning Commission,
'lanning Commission denied the AUP due to
he nine existing liquor licenses within the subject
le applicant now appealed the decision to the City
then proceeded to open the hearing and called
i, representing Walgreens, addressed license
they relate to commercial development stating that
my trying to provide convenience to customer
compete with other businesses. He also stressed
-oviding beer and wine in 6 packs and larger, no
requested that Council approve their appeal and
inquired whether there are any other Walgreens
e been approved for such a license.
Mr. Merewitz replied .that there is another Walgreens on Azusa
Avenue in We t Covina as well as other neighboring cities that,sell
beer and wine and they are expanding throughout the country.
Opposed Dana Sykes, West Covina resident, spoke in opposition stating
there is an ov r saturation of businesses which sell alcohol and
Walgreens 'dos not need to sell. alcohol stating it only brings
problems and oesn't benefit the community.
Joanne Wilne1, West Covina resident, agreed with the Planning
CommissionZa.
cision to deny the permit stating concern over the
crime in the
Lloyd Johnson, West Covina resident, requested Council uphold
the Planning Commission decision. He inquired into his previous
inquiry on ice Bream trucks and, on the shooting incident at Badillo
and Orange, h requested the window be repaired and to remove
the plywood.
Rebuttal Seth Merewitzl representing Walgreens, stated that the corporation
does have policies in place regarding sale of alcohol complying
with ABC regulations and stated there is no need but the sale is a
convenience to customers and to be competitive in this economy.
Closed Testimony There being ho one else wishing to address council, Mayor
Sanderson prc ceeded to close the public comment portion of the
hearing.
Motion Councilmemb r Herndndez requested to uphold the Planning
Commission decision and made a motion to deny AUP No. 10-23.
Motion failed due to lack of a second.
Councilmembr Touhey addressed the issue as fair and equitable
and supports;proval.
City Council Minutes of October 19, 2010
Mayor Pro T
resolution to
Herfert requested the reading of the heading of the
rove AUP No. 10-23.
Assistant City Clerk Rush presented:
Resolution No. 2010-52 RESOLUTION NO. 2010-52 - A- RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ADMINISTRATIVE USE PERMIT NO. 10-23 ON
APPEAL OF P ANNI.NG COMMISSION
Motion Motion by Herfert and seconded by Touhey approve AUP 10-23.
Motion carried by 3 — 1 (Herr_andez — No).
Councilmember Touhey left the dais at 8:58 p.m. and did not participate due to a cellular tower on his
property on Vine Ave.
Public Hearing
E-2 Code AmendmOt No. 09-04
Wireless Telecomm. Facilities Wireless Telec mmunication Facilities
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush virified that proper legal notice had been given.
Mayor Sanderson then proceeded to open the hearing and Acting
Planning Director Jeff Anderson presented a brief staff report
which outlines the proposed amendments which would modify and
update variou3 sections of the municipal code related to
telecommunication facilities. The amendments included updating
terminology, clarifying existing code language, modifying existing
development and'design standards, as well as establishing new
development and 'design standards. Mr. Anderson elaborated on
the more significant amendments and responded to questions.
Open TestimonX Mayor Sanderson then proceeded to open the hearing and called
for public comments.
Closed Testimony There being n one wishing to 'address council, Mayor Sanderson
proceeded to dose the public comment portion of the hearing.
Councilmember Hernandez addressed the aesthetics and objection
from residents to cell towers; opposes amendment to make it easier
to locate cell towers and would support' greater than 100-foot
separation space between a wireless facility and residence.
Mayor Pro Teen Herfert stated the purpose of the ordinance is to
clarify the code language relative to wireless facilities but it does
not remove C uncil's ability to approve or deny them as they are
brought before Council.
City Attorney Alvarez-Glasman statedthat an ordinance may be
introduced with two affirmative votes, however, an ordinance will
require three a firmative votes for adoption.
Assistant City Clerk Rush presented:
AN ORDINA XE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA,.. AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO WIRELESS. TELECOMMUNICATION
FACILITIES (CODE AMENDMENT NO. 09-04)
Motion Motion by He fert and seconded by Sanderson to introduce the
ordinance. M tion carried by 2 — 1 (Hernandez — No).
Councilmember Touhey returned to the dais at 9:17 P.M.
City Council Minutes of October 19, 2010
DEPARTMENTAL MATTERS
G-1
Budget Update
Finance D
Assistant City Manager Thomas Bachman presented a brief report
and PowerPoint presentation which included a recap of FY 2009-
10, the first quarter financial report for 2010-11 FY, and a look
forward to the 2011-12 FY and the challenges facing the City.
He stated that the General Fund preliminary budget for FY
2009-2010 first presented to Council contained a $9.5 million
deficit. Bachman summarized details on what was contributing to
the deficit and stated that since then, a number of actions have
reduced the deficit by almost $5 million.
During the current fiscal year, Bachman stated that revenue
sources continued to decline and explained the difficulty in
forecasting major revenues such as property taxes, franchise taxes,
etc. and said t e City experienced a negative cash flow of $5.7
million during I the first 3 months of the year, which is expected to
double by the end of November before property taxes and other
major revenues start to flow into the City.
Bachman expressed that although the economy shows signs
of slow growt , revenues have fallen significantly in the last few
years. The Ci will have to look at deeper cuts to service in the
upcoming ye r. Bachman briefly outlined further service
reductions tha are being considered due to the City's use of
reserve funds i� recent years, which will no longer be available in
the near future to fund operations.
Mayor Pro Te ' Herfert inquired into the PERS payment and into
the lump sum ayments for any cash outs.
r Councilmemb Touhey inquired as to whether lump sum payouts
are budgeted to which Bachman ieplied that they are.
CouncilmembJr Hernandez inquired into projected deficit for
2011/12 FY and projected revenue sources.
Motion Motion by H rfertand `seconded by Touhey to approve the
following:
1. Receive and file the budget update.
2. Appropriate $38,000 of CDBG funds to the Street Barrier
Removal P oject (131.81.8025.7200).
3. Un-appropfiate $324;594 from the Community Development
Commission budget to reflect the elimination of two Senior
Project Manager and one Project Coordinator positions.
Motiorilcarried by 4 0.
COUNCILMEMBER REQUESTS FOR REPO TS, STUDIES OR INVESTIGATIONS
I-1 Mayor Pro T m Steve Herfert
FPPC Form 460, Schedule F Request fro Mayor Pro Tem Steve Herfert Requesting the
City Council Consensus to' Take a Position on the California
Fair PoliticalPractices Commission Form 460, Schedule F
Related to Uaid Bills
Mayor Pro T m Herfert requested Council's consensus to bring
back a reporl on Form 460 and running a campaign without
disclosing don, rs.
Motion Motion by He�Tert and seconded by Sanderson to approve.
Motio carried by 4 - 0.
City Council Minutes of October 19, 2010
i
COUNCILMEMBER COMMENTS
Councilmember Touhey requested to agendize a request for
consensus to di cuss Foothill Transit Parking structure.
rnandez and seconded by Herfert to adjourn the
p.m. Motion carried by 4 - 0.
ADJOURNMENT
Submitted by:
ssistant.City Clerk Susan Rush
Motion by He
meeting at 9:3 5
i
ey aarra