12-21-2010 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL AND
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
December 21, 2010
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and
Community Development Commission at 7:03 p.m. in the City Hall Council, Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Mayor Pro Tem/Vice Chairman Touhey
ROLL CALL Mayor/Chairman Herfert
Mayor Pro Tem/Vice Chairman Touhey
Councilmembers/Commissioners Lane, Sanderson
REPORTING OUT FROM CLOSED SESSION
None
CHANGES TO THE AGENDA None
PRESENTATIONS Mayor Herfert called forward Recreation Services Division Manager
Lyndel Morgan who presented `certificates of recognition to the
following Photo Contest Wirmers:
- Rebecca Lisberg, October Photo Contest - Youth Entry
- Colleen Riemer, November Photo Contest - Adult Entry
- Allison Lisberg, November Photo Contest - Youth Entry.
ORAL COMMUNICATIONS
Cell Tower Committee The Cell Tower Committee, West Covina residents, addressed a
letter from Mayor Herfert regarding cell towers and requested the
Mayor rescind comments in the letter.
Herb Redholtz Herb Redholtz, West Covina resident, thanked the council for
considering his application for appointment to the City Council;
addressed the misrepresentation of applicant Sykes.
Cookie Nance Cookie Nance, West Covina resident, addressed Mr. Sykes'
character relative to the possibility of serving as a councilmember.
Deanne Castorena Deanne Castorena, West Covina resident, spoke in supportof Karin
Armbrust for appointment to the vacant council seat.
Aaron Bunda Aaron Bunda, West Covina resident, spoke in support of Karin
Armbrust for appointment to the City Council.
Cynthia Woods Cynthia Woods, West Covina resident, spoke in support of Karin
Armbrust for appointment to the City Council.
Frank Williams Frank Williams, West Covina resident, emphasized his appreciation
of Council's leadership; spoke in support of unity of citizens of West
Covina; supported the role of volunteers.
City Council/CDC Minutes of December 21, 2010
Gloria Gallardo Gloria Gallardo, West Covina resident, introduced herself as an
applicant to the Human Resources Commission and requested
consideration to be appointed.
Lawrence Velo Lawrence Velo, West Covina resident voiced his concerns with the
cost of a special election and spoke in support of Fredrick Sykes to
fill the Council vacancy.
Alfred L. Williams Alfred L. Williams, West Covina resident, requested that the Council
to choose a replacement for Councilmember Hernandez with
fairness; addressed the council vacancy application process.
Gary Gerlack Gary Gerlack, West Covina resident, spoke in support of Karin
Armbrust for appointment to the City Council.
Robert Walker' Robert Walker, 60-year. West Covina resident, addressed the
comments by previous speaker regarding the Council vacancy
application process chosen by Council; complimented the 19
applicants for their desire to serve; and supported Karin Armbrust for
appointment to the vacant council seat.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed an incident he was
involved in brought forth by a previous speaker; addressed cell
towers; and thanked residents who have supported him for
councilmember.
Jolm Schewmaker John Schewmaker, West Covina resident, spoke in support of Herb
Redholtz for appointment to the City Council.
Gordon Mize Gordon Mize, West Covina resident, spoke in support of Karin
Armbrust to fill Council seat vacated by Roger Hernandez.
Art Mazmanian Art Mazmanian, Walnut resident, spoke on behalf of Karin Annbrust
and supported her appointment to the city council.
Brian Scrivens Brian Scrivens, West Covina residents; spoke in support Karin
Armbrust.
Ray Hernandez Ray Hernandez, West Covina resident, thanked Chief Wills for his
involvement with recent criminal activity in his neighborhood; spoke
of the quality of leadership the council candidate should possess and
supported Herb Redholtz.
Rob Sotelo Rob Sotelo, West Convina resident, requested the Council's support
and consideration for his appointment to the City Council.
Karin Armbrust Karin Armbrust, West Covina resident, thanked all the speakers who
spoke in support of her appointment to the City Council.
Thomas J. O'Donnell Thomas J. O'Donnell, West Covina resident, addressed the support
he has received from the City Council over the years; expressed his
support for the Council.
Armando Sanchez Armando Sanchez, West Covina resident, spoke on transparency in
government and endorsed Fred Sykes to fill the vacant council seat.
CONSENT CALENDAR Mayor Pro Tem Touhey requested Item #S, Award of Bid for
Financial Advisor, be removed from the consent calendar for
separate discussion.
1) Approval of Meeting Minutes (receive & file)
Minutes Regular Joint City Council/CDC Minutes of December 7, 2010
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City Council/CDC Minutes of December 21, 2010
2) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission 12/14/10
3) Traffic Committee Minutes -November 30, 2010 (accept & file)
Traffic Committee Minutes I. Request:
Foothill Transit
That a bus zone be relocated from the corner of Pacific Avenue
and Leland Avenue to the corner of Pacific Avenue and Bromley
Avenue
Traffic Committee Recommendations:
That staff request Foothill Transit to eliminate the bus stop on
Pacific Avenue at Leland Avenue and utilize the bus stops at
Puente Avenue and Cameron Avenue for the Bus Riders.
That staff budget for future bus shelters and trash cans at the bus
stop at Pacific Avenue and Cameron Avenue.
II. Request:
Property Manager of 1801 East Cortez Street
That on -street parking along Azusa Avenue south of the most
southerly driveway of 1801 East Cortez Street be limited to one
hour.
Traffic Committee Recommendation:
That on -street parking along . Azusa Avenue south of the most
southerly driveway of 1801 East Cortez Street be limited to one
hour from 9:00 a.m. to 5:00 p.m. be implemented to accommodate
two vehicles.
III. Request:
West Covina Unified School District
To review and mitigate the Walnut Grove Intermediate School
zone traffic conditions accordingly at the intersection of east Vine
Avenue and South Walnut Avenue.
Traffic Committee Recommendation:
That Stop signs (RI-1) and Stop Ahead signs (W3-1) with
pavement messages be -installed on east and westbound ' Vine
Avenue at Walnut Avenue.
IV. Request:
Property Manager, Heritage Park Senior Apartment
That No Parking on Street Sweeping Days be implemented
adjacent to the Heritage Senior Apartments at 1800 West Badillo
Street every Tuesday of each month from 7:00 a.m. to 12:30 p.m.
Traffic Committee Recommendation:
That No Parking on Street Sweeping Days be implemented
adjacent to the Heritage Senior Apartments at 1800 West Badillo
Street every Tuesday of each month from 7:00 a.m. to 12:30 p.m .
Community Development Commission — Miscellaneous
4) Annual Report for the Year Ended June 30, 2010
CDC Annual Report 6/30/10 Recommendation is that the Community Development
Commission receive and file this report.
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City Council/CDC Minutes of December 21, 2010
This item removed from the consent calendar for separate
consideration
5) Award of Bid for Financial Advisor
CDC Financial Advisor Recommendation. is that the Community Development
Commission (CDC) award the bid for financial advisory services
on the issuance of bonds to finance the tax increment deferral
owing to Los Angeles County to Harrell & Company Advisors.
6) Award of Bid for Bond Counsel
CDC Bond Counsel Recommendation is that the Community Development
Commission award the Bond Counsel Bid for issuance of bonds to
finance the tax increment deferral owing to Los Angeles County to
Fulbright & Jawoski.
7) Award of Contract — Housing Loan Services
CDC Housing Loan Services Recommendation is that the Community Development
Commission award the housing administration contract to
AmeriNational Community Services, Inc. for housing. loan
administrative services.
Finance Department — Miscellaneous
8) Comprehensive Annual Financial Report for the Year Ended June
CAFR June 30, 2010 30 2010
Recommendation is that the City Council receive and file this
report.
Public Works Department — Miscellaneous
9) Request for Reallocation of Property Taxes
Reallocate Property Taxes Los Angeles County Sanitation District No. 22 (Annexation 372)
Annexation 372 Location: 3420 East Cortez Street (Existing Sitlgle-Family Homes)
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-56 RESOLUTION NO. 2010-56 - 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 COUNTY OF LOS ANGELES, AND
THE CITY COUNCIL 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.
372
10) Request for Reallocation of Property Taxes
Reallocation of Property Taxes Los Angeles County Sanitation District No. 22 (Annexation 367)
Annexation 367 Location: 723 South Prospero Drive (Existing Single -Family Homes)
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-57 RESOLUTION NO. 2010-57 - 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 COUNTY OF LOS ANGELES, AND
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING: AND ACCEPTING
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES
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City Council/CDC Minutes of December 21, 2010
RESULTING FROM AN ANNEXATION TO COUNTY
SANITATION DISTRICT NO. 22, BEING ANNEXATION NO.
367
11) Adoption of the California Building and California Fire Code
Building & Fire Codes Ordinance
Recommendation is that the City Council adopt the following
Ordinance:
Ordinance No. 2212 ORDINANCE NO. 2212 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 7, ARTICLES II, IV, VI, AND VII;
CHAPTER 9, ARTICLE I; AND CHAPTER10, ARTICLE II OF
THE MUNICIPAL CODE RELATING TO THE ADOPTION OF
THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE,
THE 2010 CALIFORNIA RESIDENTIAL CODE, 2010
CALIFORNIA MECHANICAL -CODE, 2010 CALIFORNIA
PLUMBING CODE, 2010 CALIFORNIA ELECTRICAL CODE,
2010 CALIFORNIA GREEN BUILDING STANDARDS CODE,
2010 CALIFORNIA ENERGY CODE, AND THE 2010
CALIFORNIA FIRE CODE WHICH ADOPTS BY REFERENCE
THE 2009 INTERNATIONAL FIRE CODE
Southern California Edison Request to Perform Work on Sunset
12) Avenue Currently Under Moratorium
SCE Work on Sunset Avenue Recommendation is that the City Council approve Southern
California Edison's request to perform work on Sunset Avenue
from Fairgrove Avenue to Starburst Drive and from Durness Street
to Cameron Avenue, that is currently under moratorium until 2013,
and authorize the Public Works Director/City Engineer to issue a
permit under the City's Municipal Code emergency provision.
CONSENT CALENDAR ACTION Motion by Lane and seconded by Sanderson to approve all items
listed on the Consent Calendar as presented except Item #5 —
Award of Bid for Financial Advisor.
Motion carried by 4 - 0.
Item #5 Award of Bid for Financial Advisor
Mayor Pro Tem Touhey expressed his concern with awarding the
bid to the same company already holding the contract and felt
giving an opportunity to another company was in order.
Motion Motion by Touhey and seconded by Lane to award the bid for
Financial Advisor to Urban Futures for the exact same bid price of
the low bidders, $40,000.
Motion carried by 4 - 0.
Item #14 moved forward
City Attorney's Office
14) Consideration of Appointment to Fill the Vacancy of the City
Council Vacancy Council Seat for the Unexpired Term Ending November 2011
City Attorney Alvarez-Glasman summarized the course of action
taken by the City Council for filling the vacant City Council seat
created when Councilmember Hernandez was elected to the State
Assembly.
City Attorney explained that at their December, 7, 2010
meeting, City Council opted to accept applications for a period of
time from which to make an appointment to the seat in order to
avoid the cost of a special election which might possibly amount to
$125,000.
City Attorney also clarified comments made by speakers
regarding the application process, stating that the application
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City Council/CDC Minutes of December 21, 2010
process required the completion of the application information and
submittal to the City Clerk. He further emphasized that the
elections and government code required that an appointment be
made within 30 days from the commencement of the vacancy and
therefore, an appoinment could .not be made until the seat was
vacated by the former councilmember, which occurred on
December 6, 2010.
Mayor Herfert thanked all of the nineteen applicants and
proposed a format of having the names read after which
Councilmembers could make .nominations and then the Council
would vote on each nomination.
Assistant City Clerk Rush read the naives of the applicants in.
alphabetical order:
Karin Armbrust
Brad Brown
Jennifer Caesar
Alan Carrico
Cesar Cervantes
Lola Finley
Meta Frazer
Mercedes Gomez
Jim Ivins
Lloyd Johnson
Glenn Kennedy
Robert Kunza
Darrell Myrick
Gilbert Ramirez
Herb Redholtz
Steven Sernek
Robert Sotelo
David Stewart
Fredrick Sykes
Nominations Mayor Herfert. called for nominations.
Following comments by councilmembers, the following
nominations were made:
Mayor Pro Tern Touhey nominated Rob Sotelo.
Councilmember Sanderson nominated Karin Armbrust
Close of Nominations With no other nominations being made, Mayor Herfert proceeded
to close nominations.
Motion Motion by Touhey and seconded by Lane to appoint Rob Sotelo.
Motion failed with a 2-2 vote (Ayes-Touhey, Lane; Noes -
Sanderson, Herfert)
Motion Motion by Sanderson and seconded by Herfert to appoint Karin
Armbrust.
Motion carried by 4 — 0.
Comments by Ms. Armbrust Newly appointed Councilmember/Commissioner Karin Armbrust
approached the podium and thanked the City Council and vowed to
carry out her duties to the best of her ability.
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City Council/CDC Minutes of December 21, 2010
Administration of the Oath of Office
Karin Armbrust Assistant City Clerk Rush administered the . Oath of Office to
newly appointed Councilmember Karin Armbrust to serve as
councilmember for the remainder of the unexpired term ending on
November 2011.
Mayor Herfert called for a brief recess at 8:43 p.m.
The City Council/CDC reconvened at 8:49 p.m. with all members present and newly appointed
Councilmember Armbrust taking a seat at the dais.
PUBLIC HEARING
Public Hearing
13) Code Amendment No. 09-06
Recycling Facility Standards Recycling Facility Standards and Procedures for Hearings,
Revocations and Appeals — Code Update
Applicant: City of West Covina
Location: Citywide
Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
.Mayor Herfert then proceeded to open the hearing and Acting
Planning Director Jeff Anderson gave a brief report stating that this
revision addresses issues with past small recycling centers and
complications of the revocation process. Revisions include
requiring Administrative Use Permits for small collection facilities
only allowing these facilities on property that has a market greater
than 30,000 square feet'. and to require a separation between
collection facilities and residences of.250 feet. Secondly, revisions
to the revocation process include completely revising the process
to comply with current legal requirements for processing
revocations. Anderson offered to answer any questions.
Public testimony Mayor Herfert opened the public testimony portion of the hearing
and called.for public comments.
Testimony closed There being no one wishing to address the Council, Mayor Herfert
closed the public testimony portion of the hearing.
Motion Motion by Touhey and seconded by Sanderson to introduce the
following ordinance.
Ordinance No. 2212 ORDINANCE NO. 2212 — 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 RECYCLING
CENTERS/MATERIALS RECOVERY FACILITIES/SOLID
WASTE TRANSFER AND PROCESSING ' CENTERS
STANDARDS AND PROCEDURES, HEARING, NOTICES,
FEES AND CASES (CODE AMENDMENT NO. 09-06)
Motion carried by 4 - 0 - 1 (Armbrust abstained due to not having
the time to review and make an informed decision).
DEPARTMENTAL MATTERS (Council Action)
City Attorney's Office
14) Consideration of Appointment to Fill the Vacancy of the City
Council Vacancy Council Seat for the Unexpired Term Ending November 2011
This item was heard and acted on after Consent Calendar.
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City Council/CDC Minutes of December 21, 2010
15) Appointments to City Commissions'
Appointments - City Commissions Mayor Herfert announced the subject matter and asked for
nominations to the following Ctiy Commissions.
Community Services Commission
Motion by Touhey and seconded by Lane to appoint Steve Bennett
to serve on the Community Services Commission. Motion carried
by 5 — 0 to adopt the following resolution.
Resolution No. 2010-58 RESOLUTION NO. 2010-58 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA,. CALIFORNIA,
APPOINTING STEVE BENNETT TO THE WEST COVINA
COMMUNITY SERVICES COMMISSION
Human Resources Commission
Motion by Touhey and seconded by Lane to appoint Sue Sotelo.
Motion carried by 5 — 0.
Motion by Sanderson and seconded by Touhey to appoint Cookie
Nance. Motion carried by 5 — 0.
Motion by Herfert and seconded by Touhey to appoint Henry
Torres. Motion carried by 5 — 0.
Motion by Lane and seconded by Touhey to appoint Maria Pando
Umaguing. Motion carried by 5 - 0.
Motion by Herfert to appoint Rick Ma. Motion failed due to lack
of a second.
Motion by Touhey and seconded by Lane to appoint Darlene
Montes. Motion carried by 5 — 0.
Motion by Touhey and seconded by Herfert to adopt the following
resolution appointing Sue Sotelo, Cookie Nance, Henry Torres,
Maria Pando-Umaguing, and Darlene Montes to the Human
Resources Commission:
Resolution No. 2010-59 RESOLUTION NO. 2010-59 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
HUMAN RESOURCES COMMISSION
Motion carried by 5 — 0 to adopt the resolution.
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REQUESTS FOR
REPORTS, STUDIES OR INVESTIGATIONS
Mayor Pro Tem Michael Touhey
16) Request from Mayor Pro Tem Michael Touhey Requesting the
Financial Audit Contract City Council's Consensus to Instruct City Staff to Go Out to Bid
for the City's Financial Audit Contract
Mayor Pro Tem Touhey expressed concerns with the current
contract holder and requested Council's consensus to go out to bid
for anew company to do the City's financial audit services.
Motion Motion by Touhey and seconded by Lane to go out to bid for a
new company to do the City's financial audit services.
Motion carried by 5 — 0.
City Council/CDC Minutes of December 21, 2010
COUNCILMEMBER COMMENTS
Councilmember Lane offered congratulations to Karin Armbrust
on her appointment to the City Council and wished her the best.
Councilmember Sanderson also congratulated Karin Armbrust and
thanked her for her desire to serve.
Mayor Pro Tem Touhey thanked all the applicants who applied for
the seat on the Council and spoke on some of the challenges of
being a councilmember.
Mayor Herfert thanked fellow councilmembers for making the
appointment of a new councilmember a smooth process and
congratulated Karin Armbrust on her appointment.
Councilmember Armbrust thanked the Council and expressed her
commitment to work with them and also expressed her
commitment to the residents of West Covina.
ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting
at 9:06 p.m. Motion carried by 5 — 0.
Submitted by:
Assistant_City/Clerk Susan Rush