01-18-2011 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL AND
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
January 18, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and
Community Development Commission at 7:06 p.m. in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION Reverend Alexandra Conrads
St. Martha's Episcopal Church
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
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session all items on the City
Council/CDC agenda were announced for inclusion in the closed
session discussion. Mayor/Chair Herfert, Mayor Pro. Tem/Vice
Chair Touhey, Councilmembers/Commissioners Armbrust, Lane
were present.
Items on the City 'Council/CDC agenda:
Conference with Real Property Negotiators - Property:
APN #8735-002-018 — City Attorney Alvarez-Glasman reported
that Chairman Herfert did not participate in the discussion due to
the subject matter involving a solar panel proposal and his
employment with SCE. Alvarez-Glasman reported that
Commissioners received a briefing, no action was taken, direction
was provided for staff to reject the proposal and bring back on a
future date:
Conference with Real Property Negotiators - Property: 880
Pad; APN #8735-002-018 and 908; #8735-001-919, 920, 921,
931- CDC received a briefing by Agency staff with no action
taken.
Conference with Real Property Negotiators - Property:
1420 South Willow Avenue - City Attorney Alvarez-Glasman
reported that this item was removed -from the calendar and not
heard.
Conference with Labor Negotiators — Employee
Organizations: W.C. Police Officers' Association, W.C. Police
Management Association, W.C. Firefighters Association, LA.F.F.,
Local 3226, W.C. Firefighters Management' Association,
Confidential Employees; Maintenance & Craft Employees, Non -
Sworn Safety ' SupportEmployees, General Employees, Mid -
Management I 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 - There was no .final
action taken and nothing further to report:
City Council/CDC Minutes of January 18, 2011
CHANGES TO THE AGENDA
PRESENTATIONS
1 st Place $200 Target Gift Card
1. Greg & Mason Asselin
2. Chris & Shannon Esqueda
3. Dan & Amparo Fuentes
4. Naomi Paul
5. Ralph & Susan Rodriguez
Conference with Legal Counsel — Anticipated Litigation -
One Case —.Council received a briefing with no final action taken
and nothing further to report.
None
Mayor Herfert called forward Community. Services Director Michele
McNeill who presented a certificate of recognition to Wes Hamachi,
the December Photo Contest winner.
Community Services Director Michele McNeill also presented
certificates of recognition :and awards donated by the Castucci
Foundation and the Tennant Foundation to the "Home for the
Holidays Decorating Contest" winners as follows:
2nd Place $100 Tarizet Gift Card
1. Christopher M. Beltran
2. Arthur & Wendy Flores
3. Victor Grijalva
4. Aida Nasir
5. Victoria Thibodeaux
3rd Place $50 Target Gift Card
1. Esly & Victor Jara
2. Roy & Evelyn Molina
3. Renee Moreno
4. Mario C. Ortiz
5. Rebecca Perez
ORAL COMMUNICATIONS
Vicki Scheliga Vicki Scheliga, West Covina resident, thanked the City Council for
adjourning the December, 7; 2010 Council meeting in her mother's
name, Maybel Audra Green, who passed away, and for the support
she has received.
Lloyd Johnson Lloyd Johnson, West Covina resident, commented on the cancelation
of the previous council meeting and addressed " the recent
appointment to the City Council expressing his dissatisfaction
f
Fred Sykes Fred Sykes, ` West Covina resident, addressed telecommunication
towers expressing his concerns with their proliferation, some towers
with a need to be refurbished bringing "down property values and
stating he feels a moratorium is necessary to study how many towers
and locations are needed.
Herb Redholtz Herb Redholtz, West Covina resident, expressed his concerns with
the lack of cars on, the lots belonging to Ziad Alhassen and the
negative effect it has on the City's economy; addressed an article in
the Times which referenced the City of West Covina and its
disparaging rermark. [The reporter apologized to Mr: Redholtz and
will print a retraction.]
Cesar Cervantes Cesar Cervantes, West. Covina resident, offered congratulations to
Councilmember Armbrust on her appointment and to all applicants
who applied and participated in the process mentioning those who
have contributed to the community; and expressed his desire to have
the same interest for the election in November.
Beverly Bulthuis Beverly Bulthuis, West Covina `resident, President of West Covina
Beautiful; invited all to the West Covina Beautiful 80t" Birthday
celebration on Thursday, Feb 1 Oth at the South Hills Country Club.
Frank Williams Frank Williams, " West Covina 'resident; congratulated
Councilmember Armbrust on her appointment and -commented on
the priviledge to vote and the success of working as a team.
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City Council/CDC Minutes of January 18, 2011
Mayor Herfert thanked the residents for their comments and the
ability to agree and disagree on matters.
Mayor Pro Tern Touhey addressed thatmany residents spend much
time committed to their community without the recognition.
Councilmember Armbrust appreciated all comments: and addressed
speakers' concern of her absence from commission meetings.
CONSENT CALENDAR Mayor. Pro Terry -Touhey .did ' not participate in Item #7
Reintroduction of Code Amendment No. 09-04 Wireless
Telecommunication Facilities due to a cell tower on his family's
property.
1) Approval of Meeting'Minutes (receive &file)
Minutes Regular Joint City Council/CDC Minutes of December 21, 2010
2) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission OI/11/11
3) Ordinance for Adoption
Recycling Facility Standards Code Amendment No. 09-06
Recycling Facility Standards and Procedures for Hearings,
Revocations and Appeals — Code Update
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2213 ORDINANCE NO. 2213 - 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 FACILTIES/SOLID
WASTE TRANSFER "AND PROCESSING CENTERS
STANDARDS AND PROCEDURES, HEARINGS, NOTICES,
FEES, AND CASES (CODE AMENDMENT NO. 09-06)
4) Treasurer's Report (receive & file)
City Treasurer's Report City Treasurer's Report for the Month of November 2010
5)
CDC Treasurer's Report CDC Treasurer's Report for -the Month of November 2010
Community Development Commission - Miscellaneous
6) Assembly Bill (AB.)X4-26 Compliance on Supplemental Education
SERAF FY 2010-11 Revenue Augmentation Fund (SERAF) for Fiscal Year 2010-11
Recommendation is that the Community Development
Commission take the following actions:
Resolution No. 610 1. RESOLUTION NO. 610 A RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING THE USE
OF LOW AND MODERATE INCOME FUNDS TO SATISFY
THE SUPPLEMENTAL EDUCATION REVENUE
AUGMENTATION . FUND ALLOCATIN AND MAKING
FINDINGS PURSUANT ,TO HEALTH AND SAFETY CODE
SECTION 33690(c)`and
2. Appropriate $1,344,269 from the Redevelopment Housing Fund.
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City Council/CDC Minutes of January 18, 2011
Planning Department — Miscellaneous
Reintroduction of Code Amendment No. '09-04
7) Wireless Telecommunication Facilities, :
Wireless Tele. Facilities Recommendation is that the City` Council .introduce the following
ordinance:
AN ORDINANCE 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)
8) Public Works Department .Miscellaneous
Campesino Landscape Extension of Contract fora Landscape Maintenance Districts 6 & 7
Recommendationis that the City Council approve a second five-
year extension to the current landscape maintenance contract for
Maintenance Districts 6 and 7 "with Campesino Landscape
effective February 28, 2011 with a total of 2.5% decrease and
authorize the Public Works Director/City Engineer and City Clerk
to execute the contract:
9) San Gabriel Valley Council of Governments Memorandum of
SCE Energy Efficiency Plan Understanding to Participate in Energy Grant Funding
Recommendation is that the City Council approve the following
Memorandum of Understanding:
MEMORANDUM OF' UNDERSTANDING #1 — THE
CALIFORNIA LONG-TERM ENERGY EFFICIENCY
STRATEGIC PLAN (CEESP) MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS AND THE CITY OF WEST
COVINA
10)
Waste Management Enforcement Agency Hearing Panel!
LEA Hearing Panel
Recommendation is that the. City Council appoint three. primary
and two alternate Councilmeinbers to the City's Waste
Management Agency Hearing Panel; such appointed shall coincide
with City Council rotation and terms.
City Manager's Office— Miscellaneous
Letter in Opposition to Governor`Jerry Brown's Proposal to
11)
Eliminate All Redevelopment Agencies
Oppose State Eliminating RDAs
Recommendation is that the City Council instruct City, staff to
forward a letter to Governor Jerry Brown, Senator Ed Hernandez,
and Assemblymember Roger Hernandez in opposition to any effort
to eliminate redevelopment agencies in California.
CONSENT CALENDAR ACTION Motion by Lane and seconded by Touhey to approve all items
listed on the Consent Calendar as presented with the record
reflecting that Touhey did not participate in Item #7
Reintroduction of Code Amendment No. 09-04 — Wireless
Telecommunication Facilities due to a cell tower on his family's
property.
Motion carried 5 - 0 by the following vote:
AYES: Armbrust, Lane, Sanderson, Touhey, Herfert
NOES: None
ABSTAIN: Touhey (Item #7 only)
PUBLIC HEARING
Public Hearing
12) General Plan Amendment No. 10-01
AAA Pad Gas Station Facility Zone Change No. '10-01.
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City Council/CDC Minutes of January 18, 2011
Negative Declaration of Environmental Impact
Applicant: Ahmad Ghaderi — Ashdon Development
Location: Northeast Cornerof Azusa Avenue and Giambi Way
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 -provided a brief summary of the
proposed project for.the development of a gasoline service station
facility including a. car wash, convenience store, food service, a
drive -through window, : and office, space and outlined the
requirements necessary to allow the construction of the project.
These include a change in the General Plan designation of
the property, from. "Open Space" to "Service and Neighborhood
Commercial" to allow a service station facility; a zone change to
"Service Commercial" to allow a self-service car wash,
convenience store and fast food restaurant. Anderson offered to
answer any questions.
Public testimony Mayor Herfert opened the public testimony portion of the hearing
and called for public comments
Ahmad Ghaderi of Ashdon Development, developer of the project,
offered to answer any questions by Council.
Testimony closed
There being no one wishing to address the Council, Mayor Herfert
closed the public testimony portion -of the, hearing.
Assistant City Clerk Rush presented:
Resolution No. 2011-1
RESOLUTION NO. 2011-1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE . NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT. NO. 10-01 ZONE CHANGE . NO. 10-01,
PRECISE PLAN NO. 110-02, CONDITIONAL USE PERMIT NO.
10-02, AND VARIANCE NO. 10-02 ' PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
Resolution No. 2011-2
RESOLUTION NO.' 2011-2'- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA; CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 10-01
Motion
Motion by Lane and seconded by. Touhey to adopt the resolutions.
Motion carried by5. — 0.
Introduction of Ordinance
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 I CENTERS/MATERIALS
RECOVERY FACILITIES/SOLID WASTE TRANSFER AND
PROCESSING CENTERS STANDARDS AND PROCEDURES,
HEARING, NOTICES, FEES AND CASES (CODE
AMENDMENT NO. ;09-06)
Motion by Lane and . seconded by Touhey to introduce the
ordinance.
Motion carried 5 — 0.
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City Council/CDC Minutes of January`l8, 2011
DEPARTMENTAL REGULAR MATTERS (Council :Action) `
City Manager's Office
13)
Annual Appointment of City Council Representatives to Other
Annual Council Appointments
Agencies
Mayor Herfert reviewed the list of suggested appointments.
Motion on Annual Appointments
Motion by Touhey and seconded by Lane to confirm the Mayor's
appointments and adopt the following resolution as recommended.
[List of appointees on file in the City Clerk's Office]
Motion carried by 5 - 0..
Resolution No. 2011-3
RESOLUTION NO. 2011-3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NAMING COUNCILMEMBER KARIN ARMBRUST AS THE
GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL
VALLEY COUNCIL OF . GOVERNMENTS, AND
COUNCILMEMBER SHELLEY SANDERSON AS THE
ALTERNATE
Motion Motion by Touhey and'seconded by Lane to adopt the resolution.
Motion.carried by 5 — 0.
14) Appointment of Community Services Commissioner
Community Services Appointment Mayor Herfert called for nominations.
Motion Motion by Touhey and seconded by Lane to appoint Jerry Curcio
to the Community Services Com, mission.
Motion Motion by Armbrust to appoint Deatra Clinton Jr. Motion failed
due to lack of a second..
Action on original motion Motion carried by 5 = 0 on motion to appoint Jerry Curcio to the
Community Services Commission.
COUNCILMEMBER COMMENTS
Mayor Herfert thanked the employees and fellow councilmembers
for their support and leadership during the economic challenges.
ADJOURNMENT Motion by Touhey to adjourn the meeting in memory of the
following:
• Linda Mayer, former Public Works Director Tom Mayer's
wife
• Susan Franks, West Covina resident
• Felipa Chavez, mother of Maria Delira, ; Finance
Department Senior Administrative Assistant
• Bill, 'Haaker; West Covina resident, who passed
unexpectedly.,
Motion carried by 5 - 0.
by:
r
,..4. ., a '. 11101
Assistant) City rCleric,Susan Rush
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