09-02-2003 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
September 2, 2003
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7: 15 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Minister Chuck Alvarez, SGI-
USA San Gabriel Valley Director, gave the invocation and Councilmember Hernandez led the Pledge of
Allegiance. The Blue Star video, honoring men and women currently serving in the armed forces, was
aired, as was an MDA videotape, highlighting the City's participation in the Muscular Dystrophy
Association's annual fundraiser.
ROLL CALL Mayor Herfert, Mayor Pro Tem Miller, Councilmembers:
Hernandez, Sanderson, Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Yauchzee, Durbin, Freeland,
Genovese, Hoppe, Samaniego, Taylor, McDonald, Bommarito,
Wills, Paul, Villegas, Reynosa, Berry
REPORT OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that the closed sessions
commenced at 6:07 pm with all members present. Regarding the
RDA property negotiations, direction was given to staff but there
was no final action taken and nothing further to report. Regarding
the Council items, status reports were given but there were no final
actions taken and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant stated that additional information regarding
Proposition 54 (Item G-4) was being distributed to the City
Council and copies were available at the back table.
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
Special meeting of August 91, 2003
Special meeting of August 28, 2003
Mayor Herfert discussed the action taken on August 28 in relation
to the terrorist act on the HUMMER dealership: the City Council
authorized $10,000 from the General Fund to be added to the
reward set aside to help catch the perpetrators. With the majority
of donations coming elsewhere, the City's contribution raised the
amount to $100,000.
PRESENTATIONS Mayor Herfert presented Fire Captain Curtis McCart a Certificate
of Recognition. Captain McCart won a Silver Medal at the 2003
World Police and fire Games in Barcelona, Spain.
With the assistance of Recreation Services Supervisor Reynosa,
Mayor Herfert presented Certificates of Recognition to the
members of the West Covina Waves Swim Team as Champions of
the San Gabriel Valley Swim Meet.
Mayor Herfert called forward Alex Baltodano, Head Coach of the
West Covina Express Soccer Boys Under 12 Silver Champions of
Council Minutes of 9/2/03
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ANNOUNCEMENT
ORAL COMMUNICATIONS
Roberta Azpeitia
the San Diego Pegasus Cup, who in turn introduced each of the
team players. Mayor Herfert presented a Certificate of Recog-
nition to each.
With the assistance of Alex Baltodano again, this time as the
manager of the West Covina Express Soccer Boys Under 16 Silver
Champions of the San Diego Pegasus Cup, Mayor Herfert
presented each team member with a Certificate of Recognition.
Mayor Herfert presented a Certificate of Appreciation to Joe
Iniguez, Jr. for his services on the Youth Council from 1998
through 2003. Mayor Herfert summarized the various groups and
activities Joe Iniguez was instrumental in assisting.
Mayor Herfert presented Certificates of Appreciation to Lindsey
Shiroma, May Kim, and Kris Casteneda, for volunteering at the
Summer Lunch Program this summer serving close to 9,500
lunches to children under 18 years old.
City Clerk Berry announced Councilmember Sanderson's recent
appointment to the Senior Citizens Commission: John Hughes.
Roberta Azpeitia, 1740 Oakridge Circle, expressed concern about
the proposed ambulance transport services proposed by the Fire
Department and suggested that the City have at least one contract
with an ambulance company.
Mayor Herfert requested staff to forward the ambulance
report to Roberta Azpeitia.
John Scheuplein John Scheuplein, 1800 Aroma Drive #247, suggested the City
establish an electronic database of interested residents who would
like to receive notices of City events, etc., thinking it will help with
citizen participation and notification. Also, he hoped to see staff
reports available on the website soon.
Councilmember Sanderson agreed with the advance
noticing suggested by Mr. Scheuplein and asked staff to report on
the possibilities.
Natalia Porche Natalia Porche, South Coast AQMD, introduced herself as the new
representative for this area. She encouraged the Council and City
staff to use her as a resource.
Araceli Rangel Araceli Rangel, West Covina, requested Council's intervention in
the salary negotiations regarding the OPTIONS Child Care
program.
Councilmember Wong asked that the matter be agendized
for the next Council meeting, which would also give an
opportunity for the OPTIONS management to address the issue.
Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, addressed Item B-5c,
Consent Calendar Item concerning the sale of a portion of the
former Shakespeare Park property. She suggested that the
proceeds from the sale go into the corresponding park district fund.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
Planning Commission 8/12/03
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Council Minutes of 9/2/03
Ordinance for Adoption (waive reading & adopt)
Ordinance 2104 - ORDINANCE NO. 2104 — AN ORDINANCE OF THE CITY
Zone Change 02-04 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 02-04 (Gigar Terrace)
Claims Against the City (deny & notify claimant)
Hazel Dimalanta vs. City of West Covina
Jan and Amelia Smith vs. City of West Covina
Rudy Lam vs. City of West Covina
Scott Sperling vs. City of West Covina
Diane Montano vs. City of West Covina
Traffic Committee Minutes (accept & file)
Regular meeting of August 19, 2003
Miscellaneous — Public Works
Summary Vacation of Excess Right -of -Way on Glendora Avenue
Southwesterly Corner of Glendora Avenue & Glendora Square
Recommendation is to adopt the following:
Resolution 2003-85 RESOLUTION NO. 2003-85 — A RESOLUTION OF THE
Hillcrest Development CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SUMMARILY VACATING PORTIONS OF GLEN-
DORA AVENUE WITHIN THE CITY OF WEST COVINA AND
AS MORE PARTICULARLY DESCRIBED IN THIS RESO-
LUTION (Hillcrest Development)
Capital Improvement Program and Building Activity Report
Second Quarter Ending June 30, 2003
Recommendation is to receive and file the report.
Miscellaneous — Planning
Sale of Portion of Former Shakespeare Park Site Property —
Southwest Corner of Shakespeare Drive and Nogales Street
Shakespeare Drive site Recommendation is to approve the consummation of the sale of an
approximately 17,000-square foot parcel within Tentative Tract
Map No. 53112 (former Shakespeare park site) to Abell-Helou
Developers for the net sum of $113,000 (appraised price of
$208,000 minus $95,000 to be paid for State Department of Fish
and Game vegetation removal mitigation.
Miscellaneous — City Manager's Office
Recommendation is to cancel the City Council meeting of
September 16, 2003 due to an anticipated lack of quorum.
Miscellaneous — Community Services
Serving Alcohol Policy City Facility Rental/Event Alcohol Serving Policy
Recommendation is to approve the City Facility Rental/Event
Alcohol Serving Policy.
Miscellaneous — Human Resources
Revised Salary Range for Limited Services Clerk Classification
Recommendation is to adopt the following:
Resolution 2003-86 RESOLUTION NO. 2003-86 — A RESOLUTION OF THE
Council Minutes of 9/2/03
Limited Service: Clerk CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 2001-55, RELAT-
ING TO COMPENSATION OF POSITIONS, AS -AMENDED;
AND APPROVING THE REVISED SALARY RANGE FOR
THE LIMITED SERVICES CLERK CLASSIFICATION
City Treasurer's Report (receive & file)
• Report for the month of July 2003
CONSENT CALENDAR ACTION Councilmember Wong stated that he would have to abstain from
the discussion and vote regarding B-5a (Vacation of Excess Right -
of -Way at Glendora Avenue/Glendora Square) in that the property
is in close enough proximity to property owned by his family that
it would cause a conflict of interest.
Motion by Hernandez and seconded by Sanderson to waive further
reading and adopt the resolutions and ordinance, and to approve all
other items listed on the Consent Calendar except: Items B-c and
B-5e. Motion carried by roll call vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
ABSTAIN: Wong re B-5a (excess right-of-way on Glendora)
B-5c In relation to Item B-5c (Sale of Portion of Former Shakespeare
Park Site Property), Councilmember Sanderson agreed with the
comments offered by Joanne Wilner under Oral Communications.
Motion by Sanderson and seconded by Herfert to earmark
the net sum of $113,000 for the Park Development Fund for that
district. Motion carried 5-0.
B-5e In relation to Item B-5e (City Facility Rental/Event Alcohol
Serving Policy, Councilmember Wong suggested that approving
alcohol for inside a building could be handled administratively, but
would like to amend the policy to state that serving alcohol outside
in the park should still be approved by the City Council.
Motion by Wong and seconded by Hernandez to approve
the policy as amended. Motion carried 5-0.
HEARING PUBLIC HEARING CONTINUATION
TERMINATION OF CABLE TV CONTRACT
This hearing has been continued several times.
Motion by Wong and seconded by Hernandez to continue
this item to the September 16th City Council meeting in order to
allow staff to review Charter Communications' counter offer.
Motion carried 5-0.
HEARING CONTINUED PUBLIC HEARING
GENERAL PLAN AMENDMENT NO. 01-04
HOUSING ELEMENT UPDATE (1998-2005)
• NEGATIVE DEC. OF ENVIRONMENTAL IMPACT
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Planning Director McIsaac presented
the staff report.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and the following addressed Council:
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Council Minutes of 9/2/03
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Joanne Wilner
Testimony closed
Joanne Wilner, 2108 Casa Linda Drive, supported the proposed
mixed use and urged Council to approve the Housing Element.
There being no others addressing Council, Mayor Herfert closed
the public testimony portion of the hearing.
Councilmember Sanderson commenced closed session by stating
her appreciation to staff for reducing the Civic Center area from 67
acres to about 44 acres. However, she felt the City was already
impacted and traffic is incredible. She opposed the current version
of the Housing Element.
Councilmember Hernandez commended staff for abiding with all
requirements; however, he requested that the Civic Center be
rezoned. He didn't care for the mixed -use concept for the Civic
Center area.
Housing Element action Motion by Miller and seconded by Wong to accept the Housing
Element and direct staff to submit it to the California Department
of Housing and Community Development for review and
comment. Motion failed 2-3 with Hernandez, Sanderson, and
Herfert voting no.
HEARING CONTINUED PUBLIC HEARING
2003 CONGESTION MANAGEMENT PROGRAM (CMP)
CONFORMANCE SELF -CERTIFICATION AND LOCAL
CMP & Certification IMPLEMENTATION REPORT (LIR)
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Senior Planner Anderson presented
the staff report.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
City Council, and Mayor Herfert closed the public testimony por-
Testimonv closed tion of the hearing.
City Clerk Berry presented
Resolution 2003-87 RESOLUTION NO. 2003-87 — A RESOLUTION OF THE
CMP in Compliance CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, FINDING THE CITY TO BE IN CONFORMANCE
WITH THE CONGESTION MANAGEMENT PROGRAM
(CMP) AND ADOPTING THE CMP LOCAL IMPLEMEN-
TATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089
Motion by Wong and seconded by Miller to waive further
reading of the resolution and adopt. Motion carried 5-0.
HEARING PUBLIC HEARING
APPEAL OF VARIANCE NO. 03-06
Applicant: Chaudhry Muhammad
Location: Second Dwelling Unit at 2323 Cedarwood Street
City Clerk Berry verified the affidavit of mailing and publication
and Mayor Herfert opened the hearing. Planning Director McIsaac
presented the staff report.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked first for comments in favor of the appeal. The following
addressed the City Council:
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Council Minutes of 9/2/03
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In Favor:
Chaudhry Muhammad Chaudhry Muhammad, applicant, discussed his purpose for the
variance and presented nine issues of concern to him.
Planning Director McIsaac responded to each of the issues.
In Opposition: Mayor Herfert asked for comments in opposition to the appeal and
the following persons addressed the City Council:
Phillip Moreno Phillip Moreno, 424 N. Willow Avenue, felt the proposal was
inconsistent with the surrounding homes, zoned for single-family
homes.
Stephanie Orellana Stephanie Orellana, 2330 W. Cedarwood Street, complained about
the street parking and the appearance of the property. She felt
there were too many people living at that address.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, urged the City Council to
deny the request, as he believed the applicant was trying to cir-
cumvent code requirements.
Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, attended the Planning
Commission meeting, drove past the property, and noted her
concurrence with the previous speaker.
John Scheuplein John Scheuplein, 1800 Aroma Drive, noted that the Planning
Commission denied the request unanimously and urged Council to
do the same.
In Rebuttal: Mayor Herfert asked for rebuttal comments and the applicant,
Chaudhry Muhammad, addressed the City Council.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing to
commence Council discussion.
Council comments Upon request by Councilmember Sanderson, Planning Director
McIssac explained what the applicant would need to do to bring
the property into compliance as a single-family residence.
Councilmember Miller agreed with Councilmember Sanderson,
noting that there are no justifications for the variances.
City Clerk Berry presented
Resolution 2003-88 RESOLUTION NO. 2003-88 — A RESOLUTION OF THE
Denying Variance 03-06 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, DENYING VARIANCE NO. 03-06 ON APPEAL OF
PLANNING COMMISSION ACTION
Motion by Miller and seconded by Sanderson to waive
further reading of the resolution and to adopt, and to have staff
work with Mr. Muhammad in reverting his property back to a
single-family residence. Motion carved 5-0.
Recess Mayor Herfert called a recess at 9:39 pm. The City Council
reconvened at 9:54 pm with all members of the Council present.
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 9:54 pm in
order to conduct the Redevelopment Agency meeting. The City
Council reconvened at 10:10 pm with all members present.
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Council Minutes of 9/2/03
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DEPARTMENTAL MATTERS
Herb Redholtz
DEPARTMENTAL MATTERS
Athens Trash Rates
PUBLIC WORKS:
REVIEW OF THE CITY SPEED HUMP & BUMP POLICY
Public Works Director/City Engineer presented the staff report.
Council discussion ensued.
Herb Redholtz, 2622 Altamira Drive, suggested installing Bott's
Dots at appropriate places to help control speeding vehicles.
Motion by Hernandez and seconded by Miller to direct staff to port
back with alternatives for when to use. Motion carried 5-0.
ENVIRONMENTAL MANAGEMENT:
WASTE COLLECTION CONSUMER PRICE INDEX RATE
ADJUSTMENT AND MULTI -FAMILY PER UNIT RATE
SERVICE ADJUSTMENT
Environmental Management Director Samaniego presented the
staff report.
Ferdinand Chan Ferdinand Chan, 3129 E. Virginia Avenue and Waste Management
Environmental Quality Commissioner, urged Council to be as
objective as possible, particularly before approving a blanket CPI.
Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street and president of the
Courtyard of South Hills Homeowners Association, reminded
Council that she has been fighting for the rate adjustment since
April last year.
Royal Brown Royal Brown, 2153 Aroma Drive, related the rates charged to his
condominium complex. He was not in favor of spreading the cost
among the rest of the subscribers.
John Scheuplein John Scheuplein, 1800 Aroma Drive, suggested to the Council that
they approve the staff recommendations.
Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge, noted a problem with knocked
over trash cans on the south side of the City and urged Council to
get other bids.
Dennis Chiappetta Dennis Chiappetta, CEO of Athens Services, responded to the
comments offered by the citizens and hoped that Mrs. Fischbeck's
issue could be resolved.
Councilmember Wong questioned Mr. Chiappetta on several
aspects of trash pickup procedures, charges for replacement bins,
and rates for various services throughout the City. Mr. Chiappetta
responded to Mr. Wong and the other Councilmembers as well,
noting that the City of West Covina is the only City to reach a 50%
waste diversion level due to the "Cadillac" service provided by
Athens to West Covina.
Councilmember Miller addressed the CPI request and the multi-
family condominium rate issue, particularly those affecting senior
condos, as that of Mrs. Fischbeck. He suggested a method that
would level out the rates over the next five years. This method
would not permit spreading rate differences to the other ratepayers
in the City.
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Council Minutes of 9/2/03
Motion by Herfert and seconded by Sanderson to approve the
schedule of rates, incorporating a CPI increase of 5.33% for
commercial and residential waste collection services effective July,
2003. Motion carried 3-2 with Miller and Wong voting no.
Motion by Sanderson and seconded by Herfert to approve Option
VI of the staff report: As an alternative to spreading the monthly
• shortfall to all residential and commercial accounts, Athens
proposes to apply commercial rates to all multi -family bins in
exchange for a thirteen year rolling -term agreement. The current
agreement is a fixed term expiring on May 16, 2015. Motion
failed 2-2-1 with Miller and Wong voting no and Hernandez
abstaining, asking for more time and information.
Motion by Wong and seconded by Hernandez to hold over
this particular issue (multi -family rate) with a direction to staff to
provide alternative that doesn't include a per -unit rate. Motion
carried 5-0.
MAYOR'S REPORTS UTILITY TRAILERS
Council reviewed the staff report.
Marsha Folliott Marsha Folliott, 2613 Mary Court, addressed Council about the
utility trailer her husband is currently constructing to replace their
old trailer, noting that a neighbor is tired of seeing the nearly com-
pleted trailer parked on the street. She stated that the new trailer
should be done by the weekend of September 14 and 15.
Ray Hernandez Ray Hernandez, 2604 Mary Court, talked about the length of time
the trailer has been out on the street taking up space for other cars
to park and just the unpleasantness of looking at it day after day.
Motion by Herfert and seconded by Sanderson to a) direct staff to
send the off-street parking issues regarding utility trailers to the
Planning Commission, and b) direct staff to send the on -street
parking issues to the Traffic Committee for review. Motion
carried 5-0.
COUNCILMEMBERS' REPORTS
The City Council concurred on holding the following three items
over until the next Council meeting:
1) Councilmember Sanderson —
Cortez Park master Plan Update
12) Councilmember Miller —
Request to have Planning Commission Review and Make
Recommendation to the Conceptual Plans for Community
Park
3) Councilmember Hernandez —
Housing Assistance Programs for Senior Citizens
• Councilmember Hernandez —
Opposition to Proposition 54 — Classification by Race,
Ethnicity, Color, or National Orrin
Council reviewed the staff report.
Motion by Hernandez and seconded by Sanderson to pass a
resolution in opposition to Proposition No. 54. Motion carried 4-1
with Herfert voting no.
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Council Minutes of 9/2/03
ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the
meeting at 11:48 pm. Motion carried 5-0.
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Attest:
City Clerk Janet Berry
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Mayor Ste erfcft