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12-16-2003 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL DECEMBER 16, 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. Rev. John Foye of Christ Fellowship Church gave the invocation and Mayor Pro Tern Miller led the Pledge of Allegiance. ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmember Hernandez, Sanderson, and Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Durbin, Yauchzee, Paul, Samaniego, Carter, McIsaac, Wills, Bachman, Hoppe, Morgan, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that all members of the City Council/RDA Board were present at the commencement of the special meeting at 6:22 pm, with the exception of Mr. Wong who arrived at 6:25 pm. Prior to going into closed session, one person addressed the City Council: Mr. John Abell, Abell-Helou, who spoke about the need to purchase the vacant property adjacent to Nogales High School for the development of a housing project. He requested the City try to expedite the purchasing process. The City Council received a briefing regarding the three scheduled items from the City Attorney and in relation thereto: a) real property adjacent to Nogales High School, direction was given to staff and no final action was taken; b) potential litigation involving DTSC, no final action was taken; c) the possible initiation of litigation, Mayor Herfert left the meeting over the nature of the discussion and no action was taken. Regarding the scheduled RDA item involving real property at 298 N. Azusa Avenue, the matter was not discussed but would be at the conclusion of the tonight's regular meeting. CHANGES TO THE AGENDA No changes offered. APPROVAL OF MINUTES The following sets of minutes were approved as presented: Special meeting of November 18, 2003 Regular meeting of November 18, 2003 Special meeting of December 2, 2003 Regular meeting of December 2, 2003 Special meeting of December 9, 2003 PRESENTATIONS The Blue Star program video was aired. Congresswoman Hilda Solis presented the following two gentle- men with long over -due Purple Heart medals and Certificates of Appreciation from her office: * Alfred Grummet, US Army WWII Veteran * John Trejo, US Marine Corps Vietnam Veteran Council Minutes of 12/16/03 • • ORAL COMMUNICATIONS John Scheuplein With the assistance of South Hills High School Football Coach Steve Bogan, Mayor Herfert distributed Certificates of Recognition to each member of the team for winning the 2003 CIF Southern Section Division VII Football Title. Mark Pisano, SCAG Executive Director, gave a PowerPoint pre- sentation on the MAGLEV project affecting the County of Los Angeles. John Scheuplein, 1800 Aroma Drive #247, spoke of patriotism and the stigma still attached to those veterans of the Vietnam War. Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, asked about a closed session item regarding the acquisition of Nogales High School and adjacent vacant property. Mayor Herfert said the City is exploring the possibility because of a landlocked piece of land next to the High School that could be developed. Mayor Herfert stated that items would be taken out of order in deference to the number of speaker cards for various items. COUNCILMEMBERS' REPORTS Councilmember Sanderson — Equestrian Center Boarding Facility Data Interim Community Services Director Samaniego presented the staff report with additional comments offered by Councilmember Sanderson. She stated that she is interested in learning how much and where there might be acreage available; perhaps the Galster Park area. Siglinde Schreyack Siglinde Schreyack, 2757 Brookfield Place, remarked how nice it would be to have a facility in West Covina. Klaus Schreyack Klaus Schreyack, 2757 Brookfield Place, supported his wife and suggested purchasing a barn from Industry Hills. Royal Brown Royal Brown, 2153 Aroma Drive, said it was his understanding that there is rule prohibiting horses at Galster Park and the City Council would need to change that rule to permit horses. He sug- gested several areas in West Covina to look into: at BKK at the end of Nogales in connection with Walnut, twenty acre area east of Galster Park adjacent to the upper parking lot, another valley east of that, and the vacant land behind Heritage House at the east end of Cameron Avenue. Lisa Ridley Lisa Ridley, 12128 S. Pima Avenue, was excited to hear that West Covina may construct an equestrian center. She suggested that there might be revenues with such an endeavor. Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, would like to know how many citizens are really in need of an equestrian center. Regarding some of the suggested areas to investigate, roads would have to be built too. Motion by Miller and seconded by Wong to receive and file the staff report. Councilmember Sanderson requested staff to report back with a review of the areas suggested, the possibility of 2 Council Minutes of 12/16/03 • • purchasing a used barn from the City of Industry, and determine the level of revenue to the City that this could generate. Other Councilmembers agreed that more information is needed before this can be considered. Motion to receive and file passed 5-0. CONSENT CALENDAR Commission Summary of Actions (receive & file) Human Resources 9/10/03 & 10/8/03 Community Services 11/11/03 Senior Citizens 11/13/03 Ordinance for Adoption (waive reading & adopt) Ordinance 2109 ORDINANCE NO. 2109 — AN ORDINANCE OF THE CITY Transforming RDA to CDC COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING THE NEED FOR A COMMUNITY DEVELOP- MENT COMMISSION IN THE CITY OF WEST COVINA, AND TRANSFERRING ALL DUTIES, POWERS AND RESPONSI- BILITIES OF THE REDEVELOPMENT AGENCY BOARD TO THE COMMUNITY DEVELOPMENT COMMISSION Miscellaneous — Environmental Management BKK Landfill Closure Plans — Monthly Status Report Recommendation is to receive and file the report. Miscellaneous — Redevelopment Agency Application for Urban Park Act of 2001 Grant Program for West Covina Municipal Golf Course Project (Total Grant $1.5 million) Recommendation is to adopt the following resolution: Resolution 2003-114 RESOLUTION NO. 2003-114 — A RESOLUTION OF THE Application for Grant CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTEC- TION ACT OF 2002 FOR THE WEST COVINA MUNICIPAL GOLF COURSE PROJECT Miscellaneous — Finance Department Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003 Recommendation is to receive and file the report. CONSENT CALENDAR ACTION Motion by Miller and seconded by Sanderson to waive further reading of the resolutions/ordinance and to adopt; and to approve all other items listed on the Consent Calendar except: Item B-2. Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None Item B-2 In relation to Item B-2 (Ordinance for Adoption) Art Velasquez, Art Velasquez 1321 Devers Street, asked if the Political Reform Act and related issues, such as campaign contribution reporting, will apply to the soon to be formed Community Development Commission. Mayor Herfert responded that the same conflict of interest laws will apply, and City Attorney Alvarez-Glasman concurred. Motion by Hernandez and seconded by Wong to waive further reading of the ordinance and adopt. Motion carried 5-0. Recess Mayor Herfert recessed the City Council at 8:55 pm. The City Council reconvened at 9:07 pm with all members present. c Council Minutes of 12/16/03 • • HEARING PUBLIC HEARING CONTINUATION TERMINATION OF CABLE TV CONTRACT Mayor Herfert introduced the subject matter of the hearing. City Clerk Berry stated that the affidavit was on file and Mayor Herfert opened the hearing. Assistant City Manager Fields presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked the City Clerk if any written communications had been received. City Clerk Berry answered in the negative. Mayor Herfert then asked for verbal testimony and the following spoke: Craig Watson Craig Watson, South Pasadena, addressed Council as Charter's Vice President of Communications. He felt the agreed -upon contract a win -win situation for both Charter and the City of West Covina. He was available to , respond to questions, as was Charter's legal counsel, also present. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street #218, reminded Council that she opposed Charter Communication's policy in requiring one's social security number before hooking up cable television. That requirement never changed and consequently she has not had cable TV. Testimony closed Mayor Herfert closed the public testimony portion of the hearing. Special meeting set for 12/18 Special Counsel Marticorena discussed an amendment to the proposed resolutions, noting that the revised resolutions would be faxed to the City Clerk on Wednesday. Rather than the resolutions becoming effective immediately, they would become effective once all the settlement agreements have been approved by the City Council. This change would provide time for the City Council to meet in closed session to approve all the documents relating to this matter. Council concurred on scheduling a closed session for Thursday, December 18, at 7:30 am coinciding with a special meeting at that same time with Supervisor Antonovich. City Clerk presented: Resolution 2003-115 RESOLUTION NO. 2003-115 — A RESOLUTION OF THE Re the settlement CITY COUNCIL OF THE WEST COVINA RELATING OT THE SETTLEMENT OF CERTAIN DISPUTES BETWEEN THE CITY OF WEST COVINA AND CHARTER COMMUNICA- TIONS ENTERTAINMENT II, LLC, A DELAWARE LIMITED LIABILITY COMPANY dba CHARTER COMMUNICATIONS, as revised by special counsel Resolution 2003-116 RESOLUTION NO. 2003-116 — A RESOLUTION OF THE Consenting to the transfer CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE TRANSFER OF CONTROL OF CHARTER COMMUNICATIONS ENTERTAINMENT 11, LLC dba CHARTER COMMUNICATIONS, FORMERLY KNOWN AS CHARTER COMMUNICATIONS ENTERTAINMENT II, LLC, TO PAUL G. ALLEN, as revised by special counsel Motion by Hernandez and seconded by Sanderson to waive further reading of the resolutions and adopt. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 9:21 pm to conduct the Redevelopment Agency meeting. The City Council reconvened at 9:22 pm with all members present. rd Council Minutes of 12/16/03 DEPARTMENTAL MATTERS PLANNING DEPARTMENT Exemption for City Councilmembers from payment of Fees for Appeals of Planning Commission Decisions Council reviewed the staff report. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, opposed the waiving of • appeal fees for Councilmembers. He felt that if a Councilmember wishes to appeal a Planning Commission decision as any other citizen, then the Councilmember should pay the fees as any other citizen. City Clerk presented: Resolution 2003-117 RESOLUTION NO. 2003-117 — A RESOLUTION OF THE Waiving appeal fees for Council CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ESTABLISHING AN EXEMPTION FOR CITY COUNCILMEMBERS FROM PAYMENT OF FEES FOR APPEALING DECISIONS OF THE PLANNING COMMISSION PURSUANT TO SECTION 26-212 OF THE WEST COVINA MUNICIPAL CODE Motion by Wong and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 4-1 with Sanderson voting no. COMMUNITY SERVICES City Hall Annex Services at Shadow Oak Park Discontinuance of City Hall Annex Council reviewed the staff report. John Scheuplein John Scheuplein, 1800 Aroma Drive 4247, favored the closure of the Annex because all services are offered at City Hall. It would save the City money to return to providing services solely at City Hall. Councilmember Sanderson agreed, as it seemed to divide the City. She favored the third option of the staff report, which was to defer services until the new facility at the BKK site is constructed which would be in about two years. Councilmember Hernandez sug- gested offering limited service, rather than cutting it off altogether. Motion by Miller and seconded by Sanderson to defer services to office space at the new facility at the BKK site, which is expected to be open in approximately two years; and, to direct staff to seek some square footage for the interim period for City services within the commercial businesses in the area, if it can be done without significant cost to the City. Motion carried 3-2 with Hernandez and Herfert voting no. MAYOR'S REPORTS Update on Graffiti Council reviewed the staff report. Graffiti Update Councilmember Miller commenced a discussion on encouraging citizens to call the Boys & Girls Club of San Gabriel Valley to eradicate graffiti. In the case of private walls continually • being defaced, those residents should seek a pint or so of paint from the Boys & Girls Club or the City and touch it up themselves. Councilmember Wong suggested that the City select a pallet of colors. Staff was directed to publicize/post the hotline number around the City. Motion by Wong and seconded by Miller to receive and file the report. Motion carried 5-0. E Council Minutes of 12/16/03 Waste Collection Multi -Family per Unit Rate Service Adjustment land Amendment of Franchise Agreement to Change the Submission Date for any Consumer Price Increase Waste Collection Rates Request from April 15 to Mav 31 Council reviewed the staff report. Initial Motion Motion by Herfert and seconded by Sanderson to move • forward with the staff recommendation under Option 8: Reinstate- ment of a twelve (12) year rolling term agreement with Athens Services. Councilmembers Miller and Wong spoke in opposition to the reinstatement of a perpetual, rolling term agreement. Substitute Motion A substitute motion was offered by Miller and seconded by Wong to direct staff to work with Athens Services with the calculations that they put together to determine whether or not a three-year phase -in approach could be worked out that minimizes the impact on the paperwork at Athens. Mayor Herfert stated that if Council implements the substitute motion, either somebody's rates would go up or the City would have to do something with Athens to make them whole. And by offering the 12-year evergreen, nobody's rates go. He stated, further, that his understanding is that the Council can change the rates, but the company must remain whole. Councilmember Hernandez acknowledged the rate in- equities. He suggested that Council give direction to staff, consistent with the substitute motion, to work with Athens to find a solution and if Athens can provide a more advantageous offer, he would agree to look at extending that year. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street #218, addressed Council as the president of the Courtyard of West Covina Home Owners Association. She reiterated her position that the multi -family bin rates should be the same as the commercial bid rates as there is no difference in the service. Mayor Herfert asked the City Clerk for a copy of a petition submitted by Ms. Fischbeck some time ago, as he would like to send a letter to each of the signatories regarding his position on this issue. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, pointed out that the commercial ratepayers are not necessarily voters of the City. He didn't like the idea of putting the rate increase on the businesses. Substitute Motion action Mayor Herfert took a vote on the substitute motion, which carried 3-2 with Sanderson and Herfert voting no. Mayor Herfert Requests Pursuing an Educational Marketing Strategy for the West Covina Sportsplex Marketing BLD Council reviewed the staff report. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, suggested that Big League Dreams should share some of the cost for promoting and marketing the upcoming sportsplex. • Councilmember Wong asked for a clarification as to why the City would bear any of the cost for marketing BLD. The City is already building the facility and Big League Dreams should pay for pro- moting the programs as part of their expense. Mayor Herfert felt promoting this project was the same as promoting any other redevelopment project the City undertakes. 10 Council Minutes of 12/16/03 • • Motion by Miller and seconded by Hernandez to move forward with Items No. 2 (Site Signage), No. 3 (Marketing/Educational Flyers, No. 4 (Press Release), No. 5 (Marketing Video), with, an expenditure cap of $9000 and staff to seek some underwriting by BLD. A substitute motion to the expenditure cap was offered by Herfert and seconded by Sanderson to cap the expenditures at $10,000. Motion carried 4-1 with Wong voting no. COUNCILMEMBERS' REPORTS Councilmember Miller — West Covina International Festival WC International Festival Council reviewed the staff report and Councilmember Miller addressed his intentions with seeking input from the community for an International Festival. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, didn't want to see an international festival. He preferred having separate cultural festivals. Motion by Miller and seconded by Hernandez to authorize staff to proceed with the forming of an ad hoc International Festival Committee. Motion carried 5-0. Councilmember Miller — Resolution in Support of the Gold Line Phase II Cities Council reviewed the staff report. City Manager Pasmant presented: Resolution 2003-118 RESOLUTION NO. 2003-118 — A RESOLUTION OF THE Gold Line Phase II CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS SUPPORT FOR THE METRO RAIL, GOLD - LINE PHASE II CITIES Motion by Hernandez and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. Councilmember Miller — Loss of Vehicle License Fee Backfill Revenues Councilmember Miller elaborated on the staff report. VLF backfill revenues Lengthy Council discussion ensued. Motion by Miller and seconded by Hernandez to schedule a study session for sometime in January. Motion carried 5-0. On another matter, Councilmember Wong suggested that "old business (items that have been held over)" be agendized to be considered earlier in the next meeting. Councilmember Sanderson — Equestrian Center Boarding Facility Data This item was considered by the City Council early in the meeting. Councilmember Hernandez — Letter Supporting Councilmember Hernandez' Candidacy for the AOMD Board Representing the Eastern Region Councilmember Hernandez requested Council's support. FI Council Minutes of 12/16/03 • 0 Motion by Herfert and seconded by Sanderson to nominate Councilmember Hernandez to the AQMD Board. Motion carried 5'0. Councilmember Hernandez — Legai Counsel Request for Proposals Report RFP for legal counsel Councilmember Hernandez elaborated on the purpose of his request for RFPs concerning legal counsel. He stated it is not a reflection on the services provided by the current legal firm. It is for the purpose of reporting to the residents that the City Council is doing what it is suppose to do in relation to cost effectiveness. Motion by Hernandez and seconded by Miller to seek information on the RFP process in general and information on potential implications for evaluation. The City Council can then make a determination as to whether or not to release an RFP. Motion carried 5-0. ADJOURNMENT Attest: Ui�l--- ! City Clerk Janet Berry On another matter, Councilmember Miller announced that the West Covina Rose Float Foundation would be auctioning off two seats on the West Covina Rose Float on Ebay (www.ebay.com) starting tomorrow, December 17. On another matter, Councilmember Wong reminded the audience that December 17 is the 60`h anniversary of the Repeal of the Chinese Exclusion Act, originally enacted in the late 1800s, which effectively limited the immigration of Asian groups into the United States. On December 17, 1943 the federal government repealed it. Councilmember Hernandez asked for the revitalization of Glendora Avenue to be reagendized for an upcoming CDC meeting. City Attorney reminded the City Council that they needed to reconvene upstairs in the City Manager's Conference Room as the Redevelopment Agency to finish the RDA closed session matter: Real Property Negotiations concerning 298 N. Azusa Avenue. Motion by Miller and seconded by Hernandez to adjourn the meeting at 11:35 pm. Motion carried 5-0. 9