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
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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:
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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.
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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
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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.
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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.
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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