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05-06-2003 - Regular Meeting - MinutesI • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL MAY 6, 2003 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:25 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend Kenjun Kawawata of Higushi Honganji Buddhist Temple gave the invocation and Councilmember Hernandez led the Pledge of Allegiance. ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmembers Miller, Hernandez, and Wong Absent: Councilmember Sanderson Mayor Herfert stated that Councilmember Sanderson is recuperating at home from surgery. Others Present: Pasmant, Alvarez-Glasman, Freeland, Greene, Samaniego, Genovese, Yauchzee, Hoppe, Smilowitz, Martinez, Hernandez, Tedesco, Fields, Durbin, Bommarito, Lake, Anderson, Wills, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the scheduled closed session commenced at 6:00 pm with all members present, except Sanderson and public comment was received from Doug Grey, Eclipse Development, who discussed tenant mix at the proposed development for the Amar/Azusa site. Relative to the City Council items: 1) no final action was taken and there is nothing further to report regarding potential litigation with the cable company; 2) Councilmember Wong abstained from the discussion and vote (conflict of interest) on potential litigation concerning Valencia Heights Water Company and on that issue by a vote of 3-0 the City Attorney was directed to initiate litigation regarding the water line break at 1076 Holiday Drive, and c) performance evaluation concerning the City Manager was not discussed. Relative,to the Redevelopment Agency items: 1) existing litigation with Scofield, by unanimous vote, General Counsel was directed to make a deposit; and 2) real property negotiations concerning the Eclipse Development, by a vote of 3-1 with Hernandez voting no, authorization was granted to extend the Exclusive Negotiation Agreement. City Attorney Alvarez-Glasman recommended that upon adjourning this evening's meeting, the motion include adjourning to tomorrow night's scheduled special meeting to include a discussion with the City Council in closed session to discuss the performance evaluation of the City Manager. CHANGES TO THE AGENDA City Manager Pasmant stated that in relation to Item B-5k (Serving Alcohol at the Senior Citizens Center), staff is removing the waiving of fees as authority to grant such waivers has previously been given to the City Manager in West Covina Municipal Code Section 2-407. Council Minutes of 5/6/03 PRESENTATIONS John Hughes from the Elks Lodge of West Covina invited every- one to participate in an MDA fundraiser on Friday evening at the Red Robin Restaurant. Mayor Herfert proclaimed the week of May 20, 2003, as National Public Works Week and presented the proclamation to Public Works Director/City Engineer Shannon Yauchzee. Mayor Herfert proclaimed May 10, 2003, as Fire Service Day and presented the proclamation to Fire Chief Greene. ANNOUNCEMENT City Clerk Berry announced the following recent appointments: 1) Councilmember Miller appointed Michelle Roe to the Community Services Commission. 2) Councilmember Sanderson appointed Bert Hedlund to the Waste Management/Environmental Quality Commission. 3) Councilmember Hernandez appointed Gordon Fisher to the Personnel Commission and presented him to the audience. ORAL COMMUNICATIONS Herb Redholtz Herb Redholtz, 2622 Altamira Drive, expected to see Council - member Hernandez's item concerning public comments about Councilmembers at Council meetings. He offered his opinion on the matter. David Teragawa David Teragawa, 1203 W. Puente Avenue, announced the upcoming Cherry Blossom Festival on May 17 from 11:00 am to 6:00 pm at the Civic Center courtyard and invited everyone to attend and enjoy the day. Bruce Leinbach Bruce Leinbach and Khan Kayan of West Covina Lions Club, announced their annual fundraising event, Night on the Town, on May 29, 2003 at the AMC Theatre in Covina. Terry Galzote Terry Galzote, 742 N. Hartley Street, announced the Filipino - American Chamber of Commerce Sportfest would be held in Baldwin Park this year and invited everyone to attend. E.T. Snell E.T. Snell, community activist, commented on citizens' afforded the right to criticize public officials. John Shewmaker John Shewmaker, 1825 Borrego Drive, commented on citizens' right to criticize public officials. Mario Sustayta Mario Sustayto, 1310 E. Thackery, commented on the gymnasium being constructed at Cameron Park and expressed his appreciation to the City Council. Then he noted that youth soccer players need a field to practice on. Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Creek, presented several pictures of trash bins strewn along Woodgate Drive left by Athens Services after trash -pickup. Mary Grace Barrios Mary Grace Barrios and Johnny Chan of the Filipino Chamber of Commerce announced the upcoming July ls` Fifth Annual Filipino Heritage Day and invited the Council and the community to attend the event. 2 Council Minutes of 5/6/03 • 0 Raymond Kagel Raymond Kagel, complained about the closed gas station on the comer of Amar and Azusa. He spoke of the problems with it, even though it is fenced. It is a real eye sore. CONSENT CALENDAR Commission Summary of Actions (receive & file) Community Services 4/8/03 Planning 4/22/03 Senior Citizens 4/10/03 Waste Management/Environmental Quality 4/17/03 Ordinance for Adoption (waive reading & adopt) Proposed Ordinance Zone Change No. 02-05 — Approving a Zone Change from "Neighborhood Commercial" to "Specific Plan No. 20" Location: Oran ge/B adi I to AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-05 (Orange/Badillo) Award of Bids Award of Bid for the Fire Alarm System for Cameron Park Community Center/Gym (BP 03309C) BP 03309C - Recommendation is to accept the bid of HCI, Inc — Security Inte- HCI, Inc. gration Division, Norco, CA, in the amount of $13,960.00 as submitted at the bid opening on April 24, 2003 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Award of Bid for Special Test and Inspection Services for Cameron Park Community Center/Gym (BP 03309D) BP 03309D - Recommendation is to accept the bid of Smith -Emery Laboratories Smith -Emery Laboratories of Anaheim, CA in the not to exceed amount of $28,162.00 and authorize the Public Works Director/City Engineer to issue a purchase order for the work to be done. Award of Bid — Independent Auditing Services Auditing Services - Recommendation is to award a contract to Conrad & Associates to Conrad & Associates provide auditing services for fiscal years 2002/03 through 2006/07. City Treasurer's Report (receive & file) Report for the month of March 2003 Miscellaneous — Human Resources Increase in Public Safety Employees' Retiree Health Benefit Contributions Per Memorandum of Understanding Recommendation is to adopt the following resolution: Resolution 2003-43 RESOLUTION NO. 2003-43 — A RESOLUTION OF THE CITY Safety retiree health benefits COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2000-42, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Miscellaneous — City Manager's Office Letter of Opposition to AB 1221 — Changes to Property and Sales Tax Revenue Formulas for Cities 3 Council Minutes of 5/6/03 AB 1221 -Opposition Recommendation is to direct staff to forward a letter of opposition to AB 1221 from the City to all state elected officials representing West Covina, the appropriate Assembly Committee Members, and the League of California Cities. Letter of Support for AB 1652 — Los Angeles county Metropolitan Transportation Authority Board Restructuring AB 1652 —Support Recommendation is to direct staff to forward a letter of support for AB 1652 to all State elected officials representing West Covina, the appropriate Assembly Committee Members, Los Angeles county Supervisor Michael Antonovich; and the League of California Cities. Cancellation of 5/20/03 City Council Meeting May 20 Meeting cancelled Recommendation is to cancel the City Council meeting of May 20, 2003 for lack of a quorum, due to the International Council of Shopping Centers Spring Conference. Miscellaneous — Public Works Landscape Maintenance District No. 4 — Preliminary Approval of the Engineer's Report Resolution 2003-40 Recommendation is to adopt the following resolution: MD No. 4 RESOLUTION NO. 2003-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 17, 2003 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENC- ING IN FISCAL YEAR 2003/2004 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 6 — Preliminary Approval of the Engineer's Renort Resolution 2003-41 Recommendation is to adopt the following resolution: MD No. 6 RESOLUTION NO. 2003-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 17, 2003 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENC- ING IN FISCAL YEAR 2003/2004 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACULTIES WITHIN BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 7 — Preliminary Approval of the Engineer's Report Resolution 2003-42 Recommendation is to adopt the following resolution: MD No. 7 RESOLUTION NO. 2003-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 17, 2003 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENC- ING IN FISCAL YEAR 2003/2004 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACULTIES WITHIN BOUNDARIES OF THE DISTRICT rd Council Minutes of 5/6/03 Citywide Lighting and Maintenance District — Preliminary Approval of the Engineer's Report Resolution 2003-43 Recommendation is to adopt the following resolution: Citywide Light & Maintenance RESOLUTION NO. 2003-43 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 17, 2003 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2003/2004 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT West Covina Citywide Sewer Service Charge — Setting a Public Hearing Date Resolution 2003-44 Recommendation is to adopt the following resolution: Sewer Service Charge RESOLUTION NO. 2003-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE OF JUNE 17 2003 FOR A PUBLIC HEARING Miscellaneous — Community Services Global Electric Motors (GEMS) Vehicle for West Covina High School and BKK Landfill Inspections GEMS vehicles Recommendation is to take the following actions: * Authorize staff to sign the necessary GEM Electric Vehicle Donation Agreement for two years for the West Covina High School use on their campus. * Authorize staff to sign the necessary GEM Vehicle Use Agreement with BKK for the City's Waste Management Enforce- ment Agency's landfill inspection and parking on site. Approval to Serve Alcohol at the West Covina Senior Center and Waiver of Facility Rental Fees Request to serve alcohol Recommendation is to take the following actions: * Approve the West Covina Police Officer Association to serve beer and wine at a picnic, using the inside and the patio area of the West Covina Senior Center, scheduled to be held on May 18 2003 from 7 am to 7 pm. CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading of the resolutions/ordinance and to adopt, and to approve all other items listed on the Consent Calendar, except B-2, B-5b, and 13-5g. Motion carried by roll call vote: AYES: Hernandez, Miller, Wong, Herfert NOES: None ABSENT: Sanderson ABSTAIN: Wong re Resolution 2003-42 (MD #7) • Item B-2 In relation to Item B-2 (Ordinance for Adoption), Council - member Miller requested a separate vote on ordinance adoption re Orange/Badillo zone change. Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and adopt. Motion failed 2-2 with Miller and Wong voting no. Mayor Herfert requested that this ordinance adoption be placed on the next City Council agenda. 5 Council Minutes of 5/6/03 Item B-5d Councilmember Miller commented that even though the Council meeting of May 20 is being cancelled, he would be in the Community Room at 7:00 pm on the chance anyone would like to come and talk to him. Item B-5b In relation to Item B-5b (Letter of Opposition to AB 1221), Councilmember Wong clarified the League of California Cities' position on AB 1221 and he could oppose the legislation as long as the letter clarifies `unless amended.' Discussion ensued. Motion by Miller and seconded by Hernandez to approve the staff recommendation. Motion carried 3-0-1 with Wong abstaining. Item B-5g In relation to Item B-5g (Maintenance District No. 7), Council - member Wong stated that the record should reflect his abstention on this item, as he lives within MD #7. END OF CONSENT CALENDAR Mayor Herfert exercised his prerogative in changing the order of items to be considered, due to the number of speaker cards received. HEARING APPEAL HEARING TENTATIVE TRACT MAP NO. 54900 PRECISE PLAN NO. 02-15 VARIANCE NO. 02-07 NEGATIVE DEC. OF ENVIRONMENTAL IMPACT Location: North of Holt Avenue, south of Temple Way, east of Grand Avenue. City Clerk Berry verified the affidavit of publication and mailing. Mayor Herfert opened the hearing and Planning Director McIsaac presented the staff report and responded to questions. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked first for comments in support of the appeal and then in opposition: In Favor: Robert Hirsch, owner/developer, commented on the project and requested Council's support. LaDonna Davis, 616 N. Vincent Avenue, stated that the developer's current project is well maintained and therefore looked forward to the same with this new project. In Opposition: Dee Rippetoe, 3601 Holt Avenue (Bridgecreek Retirement), felt the property was too small for 38 homes. Traffic on Temple Way is very busy now. He also felt there were too many variances. Alton Moses, 3601 Holt Avenue, spoke in general opposition to the project and urged Council to vote against the project. • Ron Lee, 3532 E. Holt Avenue, repeated an earlier concern that the lot is too small for the project. Ann Lee, 3542 E. Holt Avenue, agreed with the previous speaker. Mayor Herfert summarized an email received from Dana Rosas Eva Grijalva, and Michael Johnson, all residing at 3614 E. Holt Avenue and in opposition to the project. In Rebuttal: Mr. Hirsch responded to the questions and comments made under opposition. G Council Minutes of 5/6/03 Testimony closed Mayor Herfert closed the public testimony portion of the hearing and commenced Council discussion. Council Discussion . Councilmember Wong explained his overall support for the project. He did suggest that the developer increase the width of the parking spaces. • Brief recess Mayor Herfert called a brief recess at 9:27 pm to allow staff an opportunity to change the videotape. The meeting resumed at 9:31 pm with all members present except Councilmember Sanderson. Councilmember Miller stated his support for the condominium concept, but was opposed to the density of the project. He supported the subterranean parking, but felt there were too few guest parking spaces. , Councilmember Hernandez expressed similar parking concerns as the other Councilmembers and would support the project with the caveat that there be additional parking spaces. Mayor Herfert felt that in the last thirteen years on the Council, this project is the worst housing project this City has ever seen. Once subterranean parking is granted, it will become the norm throughout the City and West Covina standards will be leveled to those of the City of Alhambra. City Attorney Alvarez-Glasman stated that it appears that the developer is willing to work with staff on some of these issues. Since the public testimony portion of the hearing is closed, the City Council could continue this to another meeting, if they wished to. Motion by Wong and seconded by Hernandez to continue this matter until the second meeting in June (June 17). Motion carried 3-1 with Herfert voting no. Mayor Herfert stated that he would abstain from the discussion on the next hearing, as he was absent from the April 1s` Council meeting and he was to review the tape. He reviewed portions of the tape, but not all of it. He turned the gavel over to Mayor Pro Tern Miller and stepped away from the Council table. HEARING CONTINUED PUBLIC HEARING CHARTER COMMUNICATIONS CABLE CONTRACT Mayor Pro Tern Miller introduced the subject matter and opened the hearing. Assistant City Manager Fields presented the staff report. William Marticorena William Marticorena of Rutan and Tucker, Special Council to the City on cable television issues, stated that Charter Communi- cations submitted three documents this afternoon and identified them for the record. Public Testimony Jeremy Stern, attorney for Charter Communications, referred to the Jeremy Stern letters identified by Mr. Marticorena and then submitted an additional fourth letter. He introduced the members of Charter Communications that were in the audience and available to respond to questions. In summary, he stated that there is no evidence of breach of contract. 7 Council Minutes of 5/6/03 r� Royal Brown Royal Brown, 2153 Aroma Drive, felt the staff report was very informative and Mr. Stem's statements irrelevant. He suggested Council hold over the matter to give staff an opportunity to review the documents that were submitted just today. Then, at that continued meeting the City Council should follow the staff recommendation to overrule all of Charter's objections, etc. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, #218, believed Charter breached their contract by not providing public access on the second channel. Rebuttal: Mr. Stern indicated that he did not have rebuttal comments. Testimony closed Mayor Pro Tem Miller closed the public testimony portion of the hearing and commenced Council discussion. Councilmember Wong noted that Mr. Stern indicated that they were will to do further negotiations and urged Council to do the same to arrive at some amicable resolution of the issues. It was his conclusion on reading the documents that there was a breach in the contract. Mayor Pro Tern Miller supported those comments and suggested that staff prepare a resolution of breach of contract to bring back at that continued meeting in the event it was necessary. Motion by Hernandez and seconded by Wong to continue this matter until June 3, 2003, a resolution making the findings of a breach of the franchise and at the same time a cure to the breach. Motion carried 3-0-1 with Herfert abstaining. Mayor Herfert returned Mayor Herfert returned to the Council table to resume chairing the remainder of the meeting and moved forward Item E-I (Athens Services). ENVIRONMENTAL MANAGEMENT ATHENS SERVICES MULTI -FAMILY RATE SURVEY Environmental Management Director Samaniego presented the staff report and responded to Council questions and comments. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, #218, addressed Council as President of the Homeowners Association for the Courtyard of South Hills seniors condominium complex. She reiterated her position on the inequities in the rate structure, particularly those affecting her complex and asked for consideration for a change. Ms. Fischbeck distributed some information she gathered from other cities. Council discussion commenced with Councilmember Wong sug- gesting that Council eliminate the artificial rate that charges some customers too much and others too little, which has no correction to the service provided, and he explained it with real examples. Motion by Wong and seconded by Hernandez to direct staff to determine our legal avenues with the City Attorney and meet with Athens Services to work out the City's options. Motion carried 4-0. 3 Council Minutes of 5/6/03 HEARING WEED ABATEMENT 2003 City Clerk Berry verified the affidavit of posting. Motion by Miller and seconded by Hernandez to receive and file the affidavit. Motion carried 4-0. Assistant Fire Chief Genovese presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing. City Clerk Berry stated that no written communications had been received regarding this matter. Mayor Herfert asked for verbal comments from the audience and no one addressed the City Council. Mayor Herfert then closed the public testimony portion Testimony closed of the hearing. Motion by Miller and seconded by Wong to order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 2003-32. Motion carried 4-0. HEARING CONTINUED PUBLIC HEARING FEE AND CHARGE STUDY Mayor Herfert introduced the hearing, noting that it had been continued from a previous meeting. Finance Director Bachman presented the staff report. Councilmember Wong asked for a clarification on why some of the fee and charge rates were higher for non-residents and for others they weren't. Public Testimonv Mayor Herfert asked for comments from the audience and/no one addressed the Council. He closed the public testimony portion of Testimony closed the hearing. Council discussed the definition of non-resident and non-resident rates. Mayor Herfert explained that he was not in favor of some of the fees and in support of others, but he didn't want to pull off separate items for separate discussion and vote. He opposed the concept of youth paying fees for after school programs; therefore, he would not support the resolution this evening. City Clerk Berry presented Resolution 2003-45 RESOLUTION NO. 2003-45 — A RESOLUTION OF THE Setting Fees/Charges CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES, excluding the fee and charge program with the Community Services Department Motion by Wong and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 3-1 with Herfert voting no. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 11:20 pm to convene the Redevelopment Agency meeting. The City Council • reconvened at 11:30 pm with all members present, except Sanderson. CITY MANAGER'S OFFICE DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY SPECIAL MEETING Council reviewed the staff report. 9 Council Minutes of 5/6/03 • • Resolution 2003-46 Water Quality Authority Board Motion by Herfert and seconded by Hernandez to designate Councilmember Michael Miller as the voting delegate for the League of California Cities General Assembly Special Meeting. Motion carried 4-0. NOMINATION OF SAN GABRIEL BASIN WATER QUALITY AUTHORITY BOARD MEMBER REPRE- SENTING CITIES WITHOUT PUMPING RIGHTS Council reviewed the staff report. RESOLUTION NO. 2003-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, NOMINATING COUNCILMEMBER MILLER TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Motion by Wong and seconded by Miller to waive further reading of the resolution and adopt. Motion carried 4-0. MAYOR'S REPORTS UPDATE ON AB 795 AND MEGAN'S LAW Council concurred on holding over the verbal report to another meeting, due to the time. COUNCILMEMBERS' REPORT Councilmember Miller — Political Signs in Public Riaht of Ways Council reviewed the staff report. Council concurred on holding this matter over to the June 3'd Council meeting, due to the time. Councilmember Hernandez — Citizen Ad -Hoc Committees Councilmember Hernandez presented his thoughts on extending the current ad -hoc committee idea to the other areas of the City. Discussion followed. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, suggested that the ad -hoc committees be structured informally and that an ad -hoc committee regarding redevelopment would really benefit the City. Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, favored the idea of the City Council going out to the people, rather than waiting for the people to come to the Council meetings. After further Council discussion, consensus was reached to have the City Manager schedule four formal City Council meetings and four town hall meetings in the four sections of the City. ADJOURNMENT Motion by Hernandez and seconded by Wong to adjourn the meeting at] 1:55 pm. Motion carried 4-0. Attest: / City Clerk Janet Berry Mayor Steve Herfert 10