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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