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05-01-2012 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL. May 1, 2012 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:09 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Fredrick Sykes ROLL CALL Mayor Touhey, Mayor Pro Tern Sanderson, Councilmembers Herfert, Sotelo, Sykes REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Gorman reported the following: Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion; all members of the Council were present. 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. C. Firefighters' Association, ZA.F.F., Local 3226, 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 — A report was provided by staff - direction was provided by Council with no action taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant announced that the applicant on Item #11 — Appeal of Precise Plan No. 12-01, Appeal of Conditional Use Permit No. 12-01, Applicant: John Healy for Westfield Eastland Shopping Center, Location: Eastland Mall along Workman Avenue East of the Former CVS Drug Store — submitted an additional response which has been distributed to the Council. OATH OF OFFICE Mayor Touhey called forward Robert Sotelo and administered the Oath of Office to install Mr. Sotelo as a Councilmember. Councilmember Sotelo introduced his family and thanked his colleagues for this opportunity to serve. PRESENTATIONS Mayor Touhey called forward Dr. Catherine Nichols, Superintendent of Covina Valley Unified School District who provided an update on the State of the School District and the various projects and programs the School District is involved in. Mayor Touhey called forward West Covina resident Maureen Hinds who was recently selected as the 57t" Assembly District Woman of Achievement for her dedicated volunteer service as the Food Bank Director. City Council Minutes of May 1, 2012 Mayor Touhey called forward West Covina Youth Council President Meagan Manahan, recipient of the 24t" Senate District Emerging Leader Award for volunteer service as President of the West Covina Youth Council. Deputy City Manager Chris Freeland announced . a new City pamphlet "Get Active" produced in partnership with the Community Services Department and Rotary Club with information on park locations where residents can find walking trails and health related information. ORAL COMMUNICATIONS Carolyn Arndt Carolyn Arndt, West Covina resident, addressed the injunction filed to stop the Civic Center project. Joanne Wilner Joanne Wilner, West Covina resident, congratulated Rob Sotelo on his appointment to the Council; recommended the adoption of the resolution adjusting the City Commissioner Stipends as a cost saving measure in addition to looking into changing or eliminating Council stipends and benefits; addressed Westfield's leasing of property for a Wa1Mart and the lack of information available to the City stating the City should have informed Westfield that residents were against having a Wa1Mart in the City. Irene Fleck Irene Fleck, West Covina resident, announced activities at Galster Park and events and programs at the Library including a Workshop by the Legal Association. Philip Moreno Philip Moreno, West Covina resident, addressed the City's budget for the Fiscal Year 2012-2013. Dora Gomez Dora Gomez, Vice Chairman of the Board of Covina Assembly of God church, thanked the City Council for honoring Maureen Hinds, 57t" Assembly District Woman of Achievement and invited the Council to attend an Outreach Event "Back to School Blast" at Covina park for K — 12. Julie Sheppard Julie Sheppard, West Covina resident, addressed the proposed project at Eastland and the lack of information available. City Manager Pasmant and Mayor Touhey addressed her concerns explaining that disclosure is the responsibility of Westfield. Blanca Venzor Blanca Venzor, West Covina resident, addressed the "NO on Recall" signs and addressed the message in the NO on Recall message as misleading; addressed issues behind the recall. George Ogden George Ogden, West Covina resident and Community and Senior Services Commissioner, had ambulance billing questions. Mayor Touhey and City Manager Pasmant addressed Mr. Ogden's concerns. Councilmember Herfert inquired about billing invoices coming. from Sacramento and City Manager. Pasmant stated he would look into this. Herb Redholtz Herb Redholtz, West Covina resident, congratulated Rob Sotelo on his appointment; thanked the City Council for his past appointment to serve on the Planning Commission. Forest Wilkens Forest Wilkens, West. Covina resident, congratulated Rob Sotelo; addressed the issue of vendors in the City who are peddling goods out of shopping carts in unsanitary conditions and possibly with no 2 City Council Minutes of May 1, 2012 permits; addressed City trash contracts, competitive bidding and evergreen contracts. John Shewmaker John Shewmaker, West Covina resident, addressed the project at Eastland and the inability to provide information regarding the project; expressed support of public safety; and addressed City finances. Bruce Leinbach Bruce Leinbach, West Covina resident, congratulated Rob Sotelo for his recent appointment to the City Council; announced his new status as a grandfather; addressed the City's budget. Frank Williams Frank Williams, West Covina resident, congratulated Councilmember Sykes for his election to the Council and Rob. Sotelo on his appointment; addressed recruitment of children for WC Bruins; volunteering in the Community; addressed City financial issues.. Many of the residents' concerns regarding the City's financial issues were addressed and spoken to by the Councilmembers. City Manager Pasmant suggested that residents review the City's Comprehensive Annual Financial Report (CAFR) on the City's website. CONSENT CALENDAR 1) Commission Summary of Actions (receive & file) Summary of Actions Planning Commission - April 24, 2012 Traffic Committee Meeting Minutes (accept & file) 2) Meeting Minutes of April 17, 2012 Traffic Committee Recommendation is that the City Council accept and file the following minutes of the Traffic Committee meeting held on April 17, 2012. 1. Request Mirian Kim, Telesis Academy Principal That a passenger -loading zone for school days be established at Telesis Academy (formerly Rincon Intermediate School) on the south side of Hollingworth between the most westerly driveway and the easterly property line of the Academy. Traffic Committee Recommendations: That a passenger -loading zone for school days be established at Telesis Academy on the south side of Hollingworth Street between the westerly driveway to the school and the easterly property line. That "no pedestrian" crossing sign (R9-3a) and "use crosswalk" sign (R93-b) be posted on the south side of Hollingworth Street adjacent to Telesis Academy. That staff request Los Angeles County's concurrence to make a school crosswalk across Hollingworth Street east of Abelian Avenue. Community Services Department — Miscellaneous Authorization to Reprogram the Los Angeles County Regional 3) Park and Open Space District Per Parcel Discretionary Funds County Regional Park/Open Recommendation is that the City Council adopt the following Space District Funds resolutions which will authorize the. applications to reprogram the Los Angeles County Regional Park and Open Space District for Per Parcel Discretionary Funds: 3 City Council Minutes of May 1, 20.12 Resolution No. 2012-27 RESOLUTION NO. 2012-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY FUNDS FOR PALM VIEW PARK PLAY AND FITNESS EQUIPMENT Resolution No. 2012-28 RESOLUTION NO. 2012-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN 'SPACE DISTRICT PER PARCEL DISCRETIONARY FUNDS FOR DEL NORTE PARK SPLASH PAD Resolution No. 2012-29 RESOLUTION NO. 2012-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE -DISTRICT PER PARCEL DISCRETIONARY FUNDS FOR DEL NORTE PARK DOG PARK Amendment to the City of West Covina's 1992 & 1996 Los Angeles County Proposition "A" Safe Neighborhood Parks — 4) Youth Employment Plan Safe Neighborhood Parks.— Youth Recommendation is that the City Council approve an amendment Employment Plan to the City of West Covina's 1992 & .1996 Los Angeles County Proposition "A" Safe Neighborhood Parks — Youth Employment Plan to include the three projects referenced in the report. Fire Department — Miscellaneous Authorize an "Amendment to Services" Agreement between the Regents of the University of California, on Behalf of the UCLA Medical Center, Center for Prehospital Care and the City of West Covina, to Provide Continuing Education and other Services for 5) the West Covina Fire Department UCLA Medical Center Continuing Recommendation is that the City Council approve. and authorize Education the Fire Chief to sign the amendment of the services agreement with the Regents of the University of California, on behalf of the UCLA Medical Center to extend the current contract through June 30, 2017. Public Works — Miscellaneous West Covina Citywide Sewer Service Charge Setting a Public 6) Hearing Date on Method of Collection and Fee Increase Citywide Sewer Service Rates Recommendation is that the City Council adopt the following resolution: Resolution No. 2012-30 RESOLUTION NO. 2012-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JUNE 19, 2012, FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES Citywide Lighting and Maintenance District Preliminarily approval 7) of the Engineer's Report City Council Minutes of May 1, 2012 Citywide Lighting and Maintenance Recommendation is that the City Council adopt the following resolution: Resolution No. 2012-31 RESOLUTION NO. 2012-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 19, 2012 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING . IN FISCAL YEAR 2012-2013 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Herfert to approve all items listed on the Consent Calendar as presented. Motion carried by 5 — 0. PUBLIC HEARINGS Public Hearing FY 2012-2013 Community Development Block Grant (CDBG) 8) Action Plan CDBG Action Plan FY 2013 Mayor Touhey announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey then proceeded to open the hearing and Community Services Management Analyst Kelly McDonald gave a brief report detailing the annual process of allocating CDBG Funds through the CDBG Action Plan. Mr. McDonald explained that this year's grant amounted to approximately $194,000 which represented 18% less than that of the current year funding and that this was the second consecutive year of double digit reductions. He then recommended that Council approve the 2012-2013 CDBG Action Plan. City Manager Pasmant mentioned that the reduction would impact some .of the City public service provider programs. Open testimony Mayor Touhey proceeded to open the public testimony portion of the hearing and called for public comment. Close testimony There being no one wishing to address Council, Mayor Touhey proceeded to close the public comment portion of the hearing. Motion Motion by Herfert and seconded by Sanderson to approve the FY 2012-2013 CDBG Action Plan. Motion carried by 5 — 0. Public Hearing Amendments to the FY 2011-2012 Community Development Block 9) Grant (CDBG) Action Plan CDBG Action Plan Amendments Mayor Toubey announced the hearing matter and Assistant City FY 2011-2012 Clerk Rush verified that proper legal notice had been given. Mayor Touhey then proceeded to open the hearing and Community Services Management Analyst Kelly MacDonald gave a brief report detailing the proposed amendments being recommended for projects approved on January 17, 2012 by Council which now require additional funding to accommodate project costs. Mr. MacDonald reported that there was no impact to the General Fund and that there are sufficient CDBG funds available to cover the cost of the proposed amendments. Open testimony Mayor Touhey proceeded to open the public portion of the hearing and called for public comment. 5 City Council Minutes of May 1, 2012 Close testimony There being no one wishing to address Council, Mayor Touhey proceeded to close the public comment portion of the hearing. Motion Motion by Sanderson and seconded by Sykes to approve the proposed amendments to the CDBG FY 2011-2012 Action Plan as follows: Description of Activity Approved Budget Proposed Budget 1. PP10211— Palmview Park Play Equipment $ 550,000 $ 462,338 2. PP12206 — Del Norte Park Splash Pad 380,000 583,448 Motion carried by 5 — 0. Mayor Pro Tem Sanderson recused herself and left the Chambers due to a conflict of interest over her residence's proximity to the area in question in the following item. Code Amendment No. 11-06 and Zone Change No. 11-03 10) Animal Keeping Overlay Zone Animal Keeping Overlay Zone Mayor Touhey announced the hearing .matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey then proceeded to open the hearing and Planning Director Jeff Anderson provided a brief report. Mr. Anderson outlined the background regarding a moratorium, code amendment and zone change that was established on September 6, 2011 to consider the creation of an Overlay Zone due to the concerns over the potential conflict of uses in the subject area between animal keeping uses and the construction, of residential living quarters. Mr. Anderson described the steps taken to develop both the code amendment and the overlay zone that included study sessions, public hearings with the Planning Commission, and affected property owners were invited to provide input. The Planning Commission recommended approval of the proposed code amendment to the City Council. Mr. Anderson then outlined the proposed revisions in the draft code amendment. In addition, he stated that if this code amendment is approved, staff would bring back a repeal of the moratorium ordinance. Mayor Touhey expressed. concern with changes to property owners with guest houses citywide and the notification process to all owners of guest houses. Mr. Anderson addressed the notification process. Councilmember Sykes inquired when both Ridgeriders and. Maverick Field came into existence. Open testimony Mayor Touhey proceeded to open the. public testimony portion of the hearing and called for public comment. Joanne Wilner, West Covina resident spoke in support of keeping the potential for horse property usage in the City. ,Close testimony With no one else wishing to address Council, Mayor Touhey closed the public comment portion of the hearing. Councilmember Rob Sotelo inquired about . the concerns brought forth by the residents at the previous Planning Commission meetings stating their main concern was to not lose their property rights to be able to build a small structure on their property such as a granny flat. Mr. Anderson concurred that much of the input gathered was concern over not losing their property rights. City Manager Pasmant added that one of the concerns was that the current ordinance had the potential to begin phasing out no City Council Minutes of May 1, 2012 animals in the lower plateau because the County and. City codes were inconsistent. The purpose was to allow both uses of maintaining animals and for owners to have other uses in the lower levels as well. Mayor Touhey inquired as to how this ordinance would affect other city properties that are zoned for horses. Mr. Anderson stated. that the purpose is to establish an overlay zone on those 10 properties in question. Discussion ensued regarding notification procedures and City Manager Pasmant commented that the new code amendment would actually be less restrictive if owners wished to keep horses on their property in the future. Motion Motion by Herfert and seconded by Sotelo to 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 REVISING SEPARATION STANDARDS OF ANIMAL KEEPING, STANDARDS FOR. GUEST HOUSES AND ' ESTABLISHING STANDARDS FOR AN ANIMAL KEEPING OVERLAY ZONE Motion carried by 3 - 1 (Sykes — No). Motion Motion by Herfert and seconded by Sotelo to introduce the following ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 11-03 Motion carried by 3 — 1 (Sykes — No) At 9:27 p.m. Mayor Pro Tern Sanderson returned to the dais. At 9:27 p.m. Councilmember Sotelo recused himself from participation due to his participation in the following matter while on the Planning Commission. Appeal Hearing Appeal of Precise Plan 12-01 Appeal. of Conditional Use Permit No. 12-01 Categorical Exemption Applicant: John Healy for Westfield Eastland Shopping Center Location: Eastland Mall along Workman Avenue .East of the 11) Former CVS Drug Store Chase Bank at Eastland Mall Mayor Touhey announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey then proceeded to open the hearing and Planning Director Jeff Anderson gave a brief report outlining the project to construct a Chase bank building on the northerly side of the Eastland Shopping center adjacent to Workman Avenue that will include an overhead ATM canopy. He then summarized the Planning Commission's review and action to approve the precise plan and conditional use permit; cited the appelant's points of opposition; and staff s/Planning Commission's review of those points of opposition and concluded that all issues raised have been addressed. Mr. Anderson stated that the applicant's attorney, Francis Park, was present and had prepared a response to address each appeal point. Mr. Anderson proceeded to answer Council's questions. 7 City Council Minutes of May 1, 2012 Open testimony Mayor Touhey proceeded to open the public portion of the hearing and called for public comment in favor of the appeal. In Favor None Mayor Touhey called for public comment in opposition to the appeal. In Opposition John Healy of Westfield thanked staff for assistance with the project and stated that he does not believe the appeal issues raised have any merit. He offered to have Westfield's land -use attorney Francis Park and Transportation consultant Pat Gibson available to answer any questions and then offered to answer questions. Mayor Pro Tem Sanderson inquired as to the disposition of the existing Chase Bank off of Citrus. John Lindscogg, Vice President/Marketing Director of Real Estate for Chase Bank, stated that they would expect a migration of the accounts to the new location. He further stated his opinion that the appellant may be thinking. to preserve Wells Fargo bank's competitive interest, which is located nearby on Barranca. Francis Park of Park & Velayos, Land -use attorney for Westfield, and CEQA expert, spoke in opposition to the appeal stating the appeallants reasons for appeal -have no merit. Close review of the appellant's arguments shows these are actually opinions, not facts, of alleged impacts of traffic and parking impacts and that his firm's technical experts and City's staff have refuted each of those points and the appellant has failed to .meet the burden of proof. No technical evidence has been provided, just mere speculation and opinions. Mr. Park also addressed the question raised regarding a violation of the 1977 Parking Agreement between the 'City and Eastland and stated that the agreement pertains to an area approximately 900 feet east of the bank which could in no way be affected by the project. Mr. Park also asked that the findings in the supplement provided by his firm be made a part of the record and the approval of the project. Close testimony There being no one else wishing to address Council, Mayor Touhey announced that the appellant did not attend and therefore, there was no rebuttal and proceeded to close the.public comment portion of the hearing. Council discussion Mayor Touhey inquired about the Chase Bank built at the West Covina Village site of the Black Angus restaurant in which the appellant is part owner and asked what type of exemption used for this project. Planning Director Anderson said that the same CEQA exemption was used. Assistant City Clerk Rush presented: Resolution No. 2012-32 RESOLUTION NO. 2012-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 12-01 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Herfert and seconded by Sanderson to adopt the following resolution. Motion carried by 4 — 0. 8 City Council Minutes of May 1, 2012 Assistant City Clerk presented: Resolution No. 2012-33 RESOLUTION NO. 2012-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 12-01 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Herfert and seconded by Sanderson to adopt the following resolution. Motion carried by 4 — 0. Councilmember Sotelo returned to the dais. MAYOR/COUNCILMEMBER REPORTS Mayor Michael Touhey 12) Resolution Adjusting City Commissioner Stipends Commission Stipends Mayor Touhey announced that this . item adjusts Commissioner Stipends' for consistency and that commissioners will not be paid if they do not attend their meetings. Motion Motion by Touhey and seconded by Sykes to adopt the following resolution. Motion carried by 3 — 2 (Herfert, Sanderson — No). Resolution No. 2012-34 RESOLUTION NO. 2012-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2012-18, RELATING TO STIPENDS OF NON -ELECTED CITY COMMISSIONERS Councilmember Herfert left the dais at 9:45 p.m. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Councilmember Sykes requested to look into a volunteer program currently implemented by the City of Glendora to adopt a park to assist with the maintenance of city parks. Councilmember Herfert returned to the dais at 9:46 p.m. In addition, Councilmember Sykes also requested to address the. search for a City Manager due to Mr. Pasmant's imminent retirement. ADJOURNMENT Motion by Touhey and seconded by Sanderson to adjourn the meeting at 9:57 p.m. in memory of former Assistant Police Chief Mark Tedesco and Finance Department employee Thea McAlpine. Motion carried by 5 — 0. Submitted by: ssistant City elerk Susan Rush Ma r Michael Touhey E