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09-02-2003 - Regular Meeting - Minutes• • 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 • .7 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 2 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: 13 Council Minutes of 9/2/03 • • 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: 5 Council Minutes of 9/2/03 • • 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. 6 Council Minutes of 9/2/03 • 0 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. 7 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. N 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. • Attest: City Clerk Janet Berry 40 Mayor Ste erfcft