01-17-2012 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION'
January 17, 2012
Mayor/Chairman Touhey called to order the .regular joint meeting of the West Covina City Council and
Community Development Commission at 7:05 p.m. in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
Absent:
REPORTING OUT
CHANGES TO THE
Mayor Pro Tem/Vice Chair Lane
Mayor/Chairman Touhey, Mayor Pro Tem/Vice Chair Lane,
Councilmember/Commissioner Herfert, Sanderson'
- Councilmember/Commissioner. Sykes
M CLOSED SESSION
Deputy City Attorney Scott Nichols reported the following:
Prior to convening into closed session, all items on the City
Council/Community Development Commission'', agenda were
announced for inclusion in the closed session discussion; all
members of the Council/Commission were present with the
exception of Councilmember/Commissioner Sykes.
Items on the'agenda:
Conference with Labor Negotiators — Employee
Organizations: Confidential Employees, Maintenance & Craft
Employees, Non -Sworn Safety Support Employees, General
Employees, Mid -Management Employees, W. C. Police
Management Association, W. C. Police Officers Association, W. C.
Firefighters' Management Association, W.0 Firefighters'
Association, LA.F.F., Local 3226, Miscellaneous Unrepresented
Management Employees: Assistant City Clerk, Fi 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 — . The City Council
was provided a report by the Finance Director on the status of
anticipated negotiations with no reportable action taken.
Conference with Legal Council — Existing Litigation —
Guadalupe A.' Lenhardt vs. City of West Covina City Attorney
provided the City Council advice on potential settlement with no
settlement being reached, and no reportable action taken.
Conference with Legal Counsel — Anticipated Litigation —
One case — City Council received.a report by,City Attorney with
no final action taken and nothing further to report. `
AGENDA City Manager Pasmant announced a change to Item #6 — a
correction has been made to the financial reporfl' and Item #8 —
shows a correction to the RDA Payment Schedule in the report.
PRESENTATIONS Mayor Touhey assisted by Police Chief Frank Wills recognized
Police Commander Dan Brooks who retired from the City of West
Covina with over 31 years of Service and presented him with a
Resolution of Commendation and City Tile.
City Council/CDC Minutes January 17, 2012
Mayor Touhey introduced Los Angeles County Supervisor Michael
Antonovich and recognized him for representing the City of West
Covina for over twenty years.
Mayor Touhey introduced Donna Lee, Regional Public Affairs
Manager with Southern California Edison, who presented the City of
West Covina with a rebate check for retrofitting of lighting
throughout the community.
Mayor Touhey called forward Chris Freeland, Deputy City Manager
who recognized all participants and announced the l st, 2nd, and 3rd
place winners. of the Home for the Holiday decoration contest.
ORAL COMMUNICATIONS
Dana Sykes Dana Sykes, West Covina resident, supported the proposed
improvement for Azusa Avenue/Amar Road intersection and
suggested the city address the Azusa Ave./Temple intersection;
expressed her concern with the decision of the zone change at the
Civic Center and a proposed moratorium in the South Hills
Subdivision; addressed comments made by Mayor Touhey at a
previous meeting.
Mario Del Fante Mario Del Fante, West Covina resident, thanked the Council and
staff for what they do for the City and expressed his opposition to the
zone change ordinance.
Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library
events; addressed public notification of changes to the General Plan;
opposed the location of the proposed medical building development.
Beverly Bulthuis Beverly Bulthuis, West Covina resident, requested the City Council
not approve the proposed project at the Civic Center. 'J
Gregory Weiler Gregory Weiler, on behalf of South Hills Homes Partnership,
addressed the proposed Urgency Ordinance in the South Hills
Subdivision and stated that Mayor Touhey and Councilmember
Herfert have a conflict.
Councilmember Herfert made an inquiry of Mr. Weiler for clarity
and Mayor Touhey responded to the alleged conflict brought forth.
Carolyn Arndt Carolyn Arndt, West Covina resident, thanked City staff for
responses provided to her recent requests; expressed her concern of
the Council eliminating the commissions; announced and read
Notice of Intention to Circulate Recall Petitions against
Councilmembers Shelley Sanderson, Michael Touhey, and Sherri
Lane and submitted the notice to each through the Asst. City Clerk.
Councilmember Sanderson asked the City Attorney to address a
comment by the speaker that the City Council would be eliminating
the Planning Commission.
Deputy City Attorney Nichols responded stating that the
Planning Commission is set forth under State law.
Phillip Moreno Phillip Moreno, West Covina resident, addressed Councilmembers
benefits and the.City's deficit requesting the Council cut their benefit
package.
Joanne Wilner Joanne Wilner, West Covina resident, urged Council to reconsider
the adoption of ordinance approving Zone Change regarding the
civic center property; inquired as to why acreage at the Big League
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City Council/CDC Minutes January 17, 2012
Dreams complex is CDC owned and not City owned; and the source
of funds to pay off indebtedness.
Dave Stewart Dave Stewart, West Covina resident, commended the Fire
Department for a response on Manzanita Dr., thanked the Public
Works Department for recent paving of streets and staff for quick
response to a sewer problem; addressed City Commissions and the
proposed cost saving measures on the agenda.
Colleen Rozatti Colleen Rozatti, West Covina Resident, addressed the proposed zone
change and proposed development at the corner of West Covina
Parkway and Garvey Avenue.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the proposed
development project, the proposed benefits and the votes of the
Council on the project at the previous meetings. Complimented the.
Martin Luther King Day Celebration and the need to show
appreciation to veterans.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed informing the
community on City projects and the sale of City property.
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed Athens' Services
and contribution made to candidates/councilmembers; their
involvement with a campaign flyer circulated during the November
2011 election cycle; and Athens rates as compared to neighboring
cities, and requested staff agendize an item to end their current
evergreen contract.
Dennis Chiapetta Dennis Chiapetta, ' Executive Vice President of Athens Services,
addressed comments regarding campaign contributions and Athens'
quality service to cities and their commitment to their industry.
Armando Sanchez Armando Sanchez, West Covina resident, addressed the public
hearing conducted on January 10, 2012 [Civic Center project] and
called for more public awareness of issues.
Mayor Touhey requested staff respond to questions raised residents.
Councilmember Sanderson addressed a comment and stated her
dedication to the community as a whole.
Councilmember Herfert commented on the proposed recall and state
of the economy.
Mayor Pro Tern Lane addressed making difficult decisions and
negative comments.
Mayor Touhey addressed concerns brought forward regarding
Athens Services and other speakers' concerns.
CONSENT CALENDAR Councilmember Herfert requested Item 10 be pulled and
Councilmember Sanderson requested Item 2 be pulled for separate
discussion.
1) Approval of Meeting Minutes (receive & file)
Minutes No reports for this meeting.
Removed from consent calendar for separate consideration.
Ordinances for Adoption
Ordinance for Adoption
Zone Change No. 11-01
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City Council/CDC Minutes January 17, 2012
1607 West Covina Parkway (Southeast corner of West Covina
2) Parkway and West Garvey Avenue South
Civic Center — Zone Change 11-01 Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2225 ORDINANCE NO. 2225 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 11-01
Traffic Committee Meeting Minutes (accept & file)
3) Meeting Minutes of December 20, 2011
Traffic Committee Recommendation is that the City Council take the following actions:
1. Receive and file the minutes of the Traffic Committee meeting
held on December 20, 2011.
L Request:
City Initiated
That speed limit for Orange Avenue from Garvey Avenue North
to Puente Avenue be reduced from 40 miles -per -hour to 35
miles -per -hour.
Traffic Committee Recommendation:
That an ordinance be introduced amending section 22-131 of the
West Covina Municipal Code relating to the reduction of the
posted speed limits on Orange Avenue from Garvey Avenue
North to Puente Avenue from 40 miles -per -hour to 35 miles -per -
hour.
IL Request:
David Apodaca, West Covina resident
That no parking on street sweeping days be implemented on
Vemess Street from Carvol Avenue to Toland Avenue every
Tuesday of each month from 7:00 a.m. to 3:30 p.m.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on
Verness Street from Carvol Avenue to Toland Avenue every
Tuesday of each month from 7:00 a.m. to 3:30 p.m.
2. Introduce the following ordinance to reduce the speed limit on a
portion of Orange Avenue from Garvey Avenue North to Puente
Avenue from 40 miles -per -hour to 35 miles -per -hour:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION
22-131 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO INCREASES OF STATE LAW MAXIMUM
SPEEDS (ORANGE AVENUE)
Treasurer's Report (receive & file)
4) City Treasurer's Report City Treasurer's Report for the Month of November 2011
5) CDC Treasurer's Report. CDC Treasurer's Report for the Month of November 2011
Community Service Department — Miscellaneous
FY 2012-2013 Older Americans Act Senior Nutrition Meals
6) Program Grant Application
Senior Meals Program Recommendation is that the City Council adopt the following
resolution:
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City Council/CDC Minutes
January 17, 2012
Resolution No. 2012-7
RESOLUTION NO. 2012-7 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR FY
2012-2013 OLDER AMERICANS ACT COMPETITIVE GRANT
FUNDS FOR THE SENIOR NUTRITION MEALS PROGRAM
Establishing Change in Time for the Senior Citizens Commission.
7)
Meetings
Time Recommendation is that the City Council adopt the following
Senior Commission Meeting
resolution:
Resolution No. 2012-8
RESOLUTION NO. 2012-8 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2008-84 RELATING TO
MEETING TIMES AND PLACES OF COMMISSIONS, TO
CHANGE THE MEETING TIME OF THE SENIOR CITIZENS
COMMISSION FROM 3:00 P.M. TO 10:00 A.M., EFFECTIVE
FEBRUARY 23, 2012
Finance Department — Miscellaneous
Approval and Transmittal of the Amended enforceable Obligations
8)
Payment Schedule (EOPS) and Draft Recognized Obligations
EOPS/ROPS Payment Schedules
Payment Schedule (ROPS) Pursuant to ABIX 26
Recommendation is that the Community Development Commission
adopt the following resolution:
Resolution No. 615
RESOLUTION NO. 615 — A RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING AND
AUTHORIZING THE TRANSMITTAL OF THE AMENDED
ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE
(EOPS) AND THE DRAFT RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS) PURSUANT TO ASSEMBLY
BILL 1X26 (AB1X 26)
9)
Comprehensive Annual Financial Report for the Year ended June 30,
CAFR Report June 30, 2011
2011
Recommendation is that the City Council receive and file this report.
Removed from consent calendar for separate consideration.
Public Works Department — Miscellaneous
10)
Azusa Avenue and Amar Road Intersection Improvements Project
Azusa and Amar Improvements
Options
Recommendation is that the City Council proceed with the current
improvement plan adding left turn lanes in all directions, resulting in
three left turn lanes on north and southbound Azusa Avenue and two
left turn lanes on east and westbound Amar Road.
CONSENT CALENDAR
ACTION Motion by Sanderson and seconded by Herfert to approve all items
listed on the Consent Calendar as presented except Items #2 —
Ordinance for Adoption — Zone Change No. 11-01 1607 West
Covina Parkway (Southeast corner of West Covina Parkway and
West Garvey Avenue South — Civic Center) and Item # 10 —Azusa
Avenue and Amar Road Intersection Improvements Project
Options
Motion carried by 4 — 0.
Item 2
Ordinancefor Adoption
Zone Change No.11-01
1607 West Covina Parkway (Southeast corner of West Covina
Parkway and West Garvey Avenue South — Civic Center)
Councilmember Sanderson requested a separatevote on this item.
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City Council/CDC Minutes January 17, 2012
Motion Motion by Herfert and seconded by Lane to adopt the following
ordinance.
Ordinance No. 2225 ORDINANCE NO. 2225 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 11-01
Motion carried by 3 — 1 (Sanderson — No).
Item 10 Azusa Avenue and Amar Road Intersection Improvements Project
Options
Councilmember Herfert stated he does not support three left turn
lanes due to safety concerns.
Motion Motion by Sanderson and seconded by Herfert to proceed with the
current improvement plan adding left turn lanes in all directions,
resulting in three left turn lanes on north and southbound Azusa
Avenue and two left turn lanes on east and westbound Amar Road.
Councilmember Sanderson asked Public Works Director
Yauchzee to address the funding of this project.
Public Works Director Yauchzee stated that if the project
were not completed, the City would have to return $330,000 already
expended from the grant funds provided. Yauchzee further pointed
out that the lanes could be restriped back to two lanes.
Action Motion carried by 3 —1 (Herfert — No).
HEARINGS
Public Hearing
11) Amendments to the FY 2011-2012 Community Development
CDBG Action Plan FY 2012 Block Grant (CDBG) Action Plan
Mayor Touhey announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Touhey proceeded to open the hearing and Management Analyst
McDonald presented the report outlining the proposed amendments
to the FY 2011-12 Community Development Block Grant Action
Plan that will include improvements at Del Norte Park and Palmview
Park and change funding for a proposed police department elevator.
Councilmember Herfert inquired as to whether CDBG funds
can be allocated to public safety or city staff or must they be used for
capital improvements only.
Open testimony Mayor Touhey then proceeded to open the public testimony portion
of the hearing and called for public comment.
Joanne Wilner, West Covina resident, inquired as to the why the cost
of the splashpad is so much and how handicapped individuals utilize
the police department if the elevator project is canceled.
Close testimony With no one else wishing to address council, Mayor Touhey closed
the public testimony portion of the hearing.
Community Services ' Manager Lyndel Morgan addressed the
splashpad costs and components.
Police Chief Wills addressed the question regarding the
elevator and access to handicapped individuals to the Police
Department offices.
Deputy City Attorney Chris Freeland further addressed the question
posed by Councilmember Herfert regarding CDBG funding for
personnel.
Co
City Council/CDC
January 17, 2012
Motion
Description of
1. BPO9304 - Police Department E
2. PP10211 - Palmview Park Play
3. Del Norte Park Splashpad
Motion by Lane and seconded by Herfert to approve the proposed
amendments to the FY2011-2012 CDBG Action Plan as follows:
(a)
(b)
(c)
(d)
Funding Per
Proposed
Proposed
Proposed
Amended
Action Plan
Amendment
Funding Change
Funding
$ 150,000
Cancel Project
$ (150,000)
$ -
** 160,000
Modify Funding
400,000
560,000
-
Add Project
380,000
380,000
** Current balance of project is $83,970
Motion carried by 4 — 0.
Councilmember Herfert left the dais at 9:03 p.m.
DEPARTMENTAL REGULAR MATTERS
City Manager's Office
Annual Appointments of City Council Representatives to Other
12) Agencies
Annual Council -Appointments Mayor Touhey reviewed the list of suggested appointments.
Motion on Annual Appointments Motion by Sanderson 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]
Resolution No. 2012-9 RESOLUTION NO. 2012-9 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NAMING COUNCILMEMBER STEVE HERFERT AS THE
GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS, AND
COUNCILMEMBER FREDRICK SYKES AS THE
ALTERNATE
Motion carried by 3 — 0.
Councilmember Herfert returned to the dais at 9:07 p.m.
COMMUNITY DEVELOPMENT COMMISSION
Impact of ABXI 26 to the City and Community Development
13) Commission
Impact of ABXI 26 City Manager Pasmant presented the report detailing the economic
impacts not only on Redevelopment Agency items but other city
services; concerns over the impact to the City's General Fund
reserves; contracts with other entities within the City such as
Westfield Shopping Center; the programs that benefit the City such
as affordable housing and senior housing for low income residents;
and CDC helped fund the management of the City's BKK Landfill to
minimize the detrimental financial impact to the City if it went
Superfund.
Mayor Touhey also commented further on the impact of the
Court's decision.
Motion Motion by Lane and seconded by Sanderson to receive and file this
report. Motion carried by 4 — 0.
Designating the Community Development Commission as the
14) Housing Successor Agency
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City Council/CDC Minutes January 17, 2012
CDC as Successor Agency Assistant CDC Director Mike Lee provided a summary of the staff
report outlining some of the changes and impact to the City over the
Court's decision to eliminate redevelopment agencies in California.
He outlined the recommended necessary changes to ensure that the
Community Development Commission serves as the successor
housing agency of the former redevelopment agency
Assistant City Clerk Rush presented:
Resolution No. 2012-10 RESOLUTION NO. 2012-10 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING THE NEED FOR A HOUSING AUTHORITY TO
FUNCTION WITHIN THE CITY OF WEST COVINA
Motion Motion by Herfert and seconded by Lane to waive further reading of
the resolution, read by title only and adopt resolution No. 2012-10.
Motion carried by 4 — 0.
Ordinance No. 2226 Assistant City.Clerk Rush presented:
Introduction and Adoption ORDINANCE NO. 2226 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING THE NEED FOR THE COMMUNITY
DEVELOPMENT COMMISSION IN THE CITY OF WEST
COVINA, CALIFORNIA, TO FUNCTION AS THE CITY OF
WEST COVINA HOUSING AUTHORITY AND
TRANSFERRING ALL DUTIES, POWER AND
RESPONSIBILITIES OF THE WEST COVINA HOUSING
AUTHORITY TO THE COMMUNITY DEVELOPMENT
COMMISSION AND DECLARING THIS ORDINANCE TO BE
AN URGENCY ORDINANCE
Motion to introduce Motion by Herfert and seconded by Sanderson to waive further
reading of the urgency ordinance and read by title only and
introduce.
Motion carried 4 — 0 by the following Roll Call vote:
AYES: Herfert, Lane, Sanderson, Touhey
NOES: None
Motion to adopt Motion by Herfert and seconded by Sanderson to waive further
reading of the urgency ordinance and adopt ordinance 2226.
AYES: Herfert, Lane, Sanderson, Touhey
NOES: None
Assistant City Clerk Rush presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING THE NEED FOR
THE COMMUNITY DEVELOPMENT COMMISSION IN THE
CITY OF WEST COVINA, TO FUNCTION AS THE CITY OF
WEST COVINA HOUSING AUTHORITY AND
TRANSFERRING ALL DUTIES, POWERS AND
RESPONSIBILITIES OF THE WEST COVINA HOUSING
AUTHORITY TO THE COMMUNITY DEVELOPMENT
COMMISSION .
Motion Motion by Sanderson and seconded by Herfert to waive further
reading of the ordinance and introduce.
Motion carried by 4 — 0.
Assistant City Clerk Rush presented:
Resolution No. 2012-11 RESOLUTION NO. 2012-11 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ELECTING TO TRANSFER HOUSING FUNCTIONS TO THE
City Council/CDC
January 17, 2012
Motion
15)
Moratorium on 74 V
CITY COUNCIL/CO.
STUDIES OR INVES
LOCAL HOUSING AUTHORITY PURSUANT TO PART 1.85
OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
SAFETY CODE
Motion by Herfert and seconded by Sanderson to waive further
reading of the resolution and adopt resolution 2012-11.
Motion carried by 4- 0.
Planning Department
Urgency Ordinance Establishing a Moratorium to Prohibit the
Construction of Residential Structures on 74 Vacant Properties in the
Lots South Hills Subdivision to Study Development Standards
Councilmember Herfert and Mayor Touhey announced they would
be abstaining on this item due to having received additional
information that requires review.
As their abstaining results in having no quorum, this item
was not discussed and is continued to the next meeting.
UNITY DEVELOPMENT COMMISSION REQUESTS FOR REPORTS,
ATIONS
Request from Councilmember Steve Herfert
Request from Councilmember Steve Herfert Requesting the City
16) Council's Consensus to Instruct City Staff to Prepare a Report
Commission Cost Savings Reviewing Cost Saving Opportunities of City Cbmmissions
Motion by Herfert and seconded by Lane to approve the
recommendation to have staff bring back a report to review cost
saving opportunities of City Commissions.
Motion carried by 4 — 0.
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS
Mayor Touhey related that the City received a letter from the Fire Protection District in Rancho Cucamonga
acknowledging and recognizing Fire Chief Segala for his quick response to rescue individuals involved in
an accident.
ADJOURNMENT Motion by Lane and seconded by Herfert to adjourn the meeting at
9:40 p.m. in memory of Russell Layton, son of Fire Captain Greg
Layton, recently passed away.
Submitted by:
J .
ssistanf Ci. Clerk Susan Rush
%MayMichael Touhey
J
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