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01-20-2004 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JANUARY 20, 2004 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:18 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Andrew Pasmant gave the invocation and Councilmember Hernandez led the Pledge of Allegiance. ` ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmembers Hernandez, Sanderson, and Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Durbin, Yauchzee, Paul, Samaniego, Mctsaac, Wills, Bachman, Hoppe, Morgan, Chung, McDonald, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that all members of the City Council/CDC were present at the commencement of the special meeting at 6:12 pm, with the exception of Councilmember Hernandez who arrived at 6:20 pm. Publicomments were heard under oral communications and the City Attorney announced the items for discussion as posted on the agenda. Regarding one item of anticipated litigation, the City Council unanimously agreed to authorize participation in an Amicus Brief, without financial assistance, in a,matter concerning the City of Cerritos vs. the State of California, if the lawsuit is filed. The Council received a briefing from the City Manager as the City's chief labor negotiator concerning labor negotiations as posted on the agenda. There was no final action and nothing further to report. Mayor Pro Tern Miller excused himself from certain portions of the discussion on the basis that it could affect him economically. Concerning matters on the CDC agenda, the Commission received briefing from both Agency staff and legal counsel. There was no final action taken on either matter and nothing further to report. CHANGES TO THE AGENDA No changes offered. APPROVAL OF MINUTES The following sets of minutes were approved as presented: Special meeting of December 16, 2003 Regular meeting of December 16, 2003 Special meeting of December 18, 2003 PRESENTATIONS The Blue Star program video was aired. Mayor Herfert announced that the VFW had celebrated over 50 years of service in the City and called forward George Ogden, former Commander of the VFW Post 8620. Marine Chief Warrant Officer III, Carlos Thrasher, presented a U.S. flag to the Mayor, which on May 26, 2003 flew in Iraq during Operation Iraqi Freedom, in honor of the City of West Covina. Council Minutes of O1/20/04 Mayor Herfert presented certificates to the following principals congratulating them on their schools being nominated as a Blue Ribbon School. • Mary Donielson, California Elementary School • Marge Miller, Merced Elementary School • Carolyn Cofer, Christ Lutheran School • Public Works Director Shannon Yauchzee presented retiring employee Janet Garcia with a resolution of commendation recognizing her 17 years of service to the City. Mayor Herfert, assisted by Assistant Basketball Coach Ann Weathersbee, congratulated and presented certificates to the Hollencrest Middle School Girls and Hollencrest Middle School Boys basketball teams, both of whom took the Inland Valley Middle School All -League Championships. ORAL COMMUNICATIONS John Shewmaker John Shewmaker, West Covina residen, commented on Athens disposal and the multi -family rate issue. Tami Slemboski Tami Slemboski, West Covina resident, inquired about the Clippinger Chevrolet construction and progress. Public Works Director Yauchzee provided an update of the current work and special permit that was issued. John Scheuplien John Scheuplien, West Covina resident, thanked staff for items being posted on the website and commented on the recent Martin Luther King event. Herb Redholtz Herb Redholtz, West Covina resident, commented on the following: 1) the Rose Float Committee; 2) the medians on Amar & Temple; 3) the Quail Ridge project, and 4) the Auto Row electronic reader board. CONSENT CALENDAR Commission Summary of Actions (receive & file) Waste Management/Environmental Quality 12/18/03 Planning 12/09/09 & 11/11/03 Joint Planning/Community Services 01/03/04 Claims Against the City Gabriel Torres vs. City of West Covina It is recommended that the property damage and personal injury claim of Gabriel Torres denied and the claimant be so notified. James and Christine Fuller vs. City of West Covina It is recommended that the personal injury claim of James & Christine Fuller be denied and the claimants' attorney be so notified. Li Ling vs. Citv of West Covina It is recommended that the property damage claim of Li Ling filed on December 3, 2003 be denied and the claimant's attorney be so notified. Ronald M. Negrete vs. City of West Covina It is recommended that the property damage claim of Ronald M. Negrete be denied and the claimant be so notified. 2 Council Minutes of 01/20/04 • Resolution No. 2004-1 Lot Line Adjustment No. 156 Raul Perez vs. City of West Covina It is recommended that the property damage claim of Raul Perez be denied and the claimant be so notified. Shawn Ellis vs. Citv of West Covina It is recommended that the property damage claim of Shawn Ellis be denied and the claimant be so notified. Approval of Final Maps Lot Line Adjustment No. 156 Location: 333 S. Vincent Avenue Recommendation is to adopt the following resolution: RESOLUTION NO. 2004-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 156 LOCATED AT 333 S. VINCENT AVENUE AND DIRECTING THE RECORDATION THEREOF (VINCENT-COVINA REALTY ASSOCIATES, L.P.) Quitclaim Deed for Tract Map No. 53821 Location: Northwest Corner of Holt and Grant Resolution No. 2004-2 Recommendation is to adopt the following resolution: Quitclaim Deed/Tract Map 53821 RESOLUTION NO. 2004-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CORPORATION QUITCLAIM DEED IN FAVOR OF CREEKSIDE 58 HOMEOWNERS ASSOCIATION Traffic Committee Minutes (accept & file) Minutes of the regular meeting of December 16, 2003 City Treasurer's Report (receive & file) Report for the month of November 2003 Miscellaneous — Public Works Authorize Purchase of Picnic Tables and Benches for Maverick Baseball Field and Ridge Riders Arena Picnic Tables & Benches Recommendation is to authorize the Public Works to expend $14,000 from Capital Improvement Program Account Number 143-320-3285-7700 for the purchase of picnic tables and benches to the Maverick Baseball Field and Ridge Riders Arena. Capital Improvement Program and Building Activity Report - Fourth Quarter Ending December 31. 2003 Recommendation is to receive and file this report. Miscellaneous — Police Department Appropriating State Supplemental Law Enforcement Services Funds (SLESF) for On -going Police Officer Grant SLESF Grant Recommendation is to appropriate $164,605 from the fund balance of Fund 155 (the State Supplemental Law Enforcement Services Fund) to 155-320-21 ] Q-5XXX, to cover the on -going three-year cash match requirement associated with the three police officer positions created under the federal COPS Universal Hiring Program grant. tv Council Minutes of 01/20/04 • • AT&T Wireless Resolution No. 2004-3 Deferred Comp Miscellaneous — Planning Department AT&T Wireless — Wireless Telecommunication Facility at Cameron Park Recommendation is to concur with the direction of the Planning Commission regarding the proposed Wireless Telecommunications Facility at Cameron Park to: (1) enhance the design of the proposed clock tower and move it closer to the street corner; or (2) change the design of the facility as a "monopine" (artificial pine tree) in its current approved location. Miscellaneous — Finance Department Amendment of Section 457 Deferred Compensation Plan for Part Time, Seasonal and Temporary Employees Recommendation is to: 1. Authorize the City Manager to execute the Restated and Amended Deferred Compensation Plan and Trust Agreement for Part -Time, Seasonal and Temporary Employees and related documents; and 2. Adopt the following resolution: RESOLUTION NO. 2004-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A RESTATED AND AMENDED DEFERRED COMPENSATION PLAN AND TRUST AGREEMENT FOR PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES Sale of Surplus Eatimment Resolution No. 2004-4 Recommendation to authorize the sale of the Fire Departments Surplus Breathing Apparatus obsolete breathing apparatus to Allstar Fire Equipment, Inc. for the amount of $9,100 and to adopt the following resolution: RESOLUTION NO. 2004-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS Miscellaneous — Environmental Management BKK Landfill Closure Plans — Monthly Status Report Recommendation is to receive & file the report. Miscellaneous — Community Services Hurst Ranch Release of Grant Funds and Approval of Use and Grant Agreement Grant Agreement with Recommendation is to: Hurst Ranch Foundation l . Approve the Use and Grant Agreement between the City of West Covina and the Hurst Ranch Historical Foundation authorizing a grant of $350,000 and appropriate $150,000 from the Charter Communication settlement fund to Account Number 203- 83-8309-7500; and 2. Authorize the Community Services Director's execution of the Use and Grant agreement. Ridge Rider Arena Fee Schedule Recommendation is to approve the new fee schedule for the Ridge Rider Arenas. Miscellaneous — Human Resources Department Selection of Executive Search Firm for Fire Chief Recruitment Wilcox, Miller & Nelson Recommendations is to: 1. Approve an agreement with Wilcox Miller & Nelson to conduct a nationwide search for a new Fire Chief at a cost not to exceed $14,000; and 4 Council Minutes of 01/20/04 2. Appropriate $14,000 from the General Fund Balance to account 110-320-2560-6117 for the contract with Wilcox Miller & Nelson; and 3. Appropriate $4,500 from the General Fund balance to account 110-320-2560-6170 for advertisements. CONSENT CALENDAR ACTION Motion by Wong and seconded by Sanderson to waive further reading of the resolutions and to adopt; and to approve all other items listed on the Consent Calendar except: Item B-6a, B-6d, B- 6h, B-6j, and B-6i. Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None Item B-6a &-B-6i Referring to Item B-6a (Authorization for Purchase of Picnic Tables and Benches for Maverick Baseball Field and Ridge Riders Arena) and Item B-6i (Ridge Rider Arena Fee Schedule) Councilmember Sanderson requested staff to obtain a FPPC (Fair Political Practices Commission) ruling as to whether she can vote on these two items due to the proximity to her home. Motion by Miller and seconded by Wong to hold these over until Councilmember Sanderson receives a ruling. Motion carried 4-0-1 with Councilmember Wong abstaining. B-6d Item B-6d — Wireless Telecommunications Facility at Cameron Park. Planning Director McIsaae presented the staff report. Royall Brown Royall Brown, West Covina resident, asked why an item would be on the consent calendar when the recommendation requires a Council decision. Councilmember Wong stated that he had requested the item to be pulled from the consent calendar in order for Council to consider the options. Discussion ensued. Councilmember Hernandez left the room at 8:01 p.m. Motion by Wong and seconded by Sanderson to approve option 1, enhancing the design of the proposed clock tower and moving it closer to the street corner. Motion carried 4-0. Councilmember Wong amended his motion to include Councilmember Miller's request to have AT&T put the equipment inside the clock tower to eliminate one building. Seconded by Sanderson. Motion carried 4-0. Councilmember Hernandez returned at 8:03 p.m. B-6h Staff report regarding B-6h (Hurst Ranch Release of Grant Funds and Approval of Use and Grant Agreement) was presented by Interim Community Services Director Samaniego. John Shewmaker John Shewmaker, West Covina resident stated that he thought the City could find better use of the Charter Communication settlement funds than to allocate money for the Hurst Ranch. • Motion by Wong and seconded by Hernandez to approve the staff recommendation. Motion carried 5-0. B-6j Interim Human Resources Director Fields presented the staff report relating to item B-6j (Selection of Executive Search Firm for Fire Chief Recruitment). 5 Council Minutes of01/20/04 0 • Herb Redholtz Herb Redholtz, West Covina resident voiced his support of going with the lowest bidder but felt the recruitment could be handled in- house. Council discussed the recruitment process, as well as the pros and cons for conducting it in-house. Motion by Miller and seconded by Hernandez to approve an agreement with Wilcox Miller & Nelson. Motion carried 4-1 with Sanderson voting no. HEARING JOINT PUBLIC HEARING Approval of Disposition and Development Agreement Between the City of West Covina Community Development Commission and West Covina Heights, S.C. LLC. Regarding the Southern 43-Acre Portion of Parcel 1 of Parcel Map 24585 Located at the Northeast Quadrant of Amar Road and Azusa Avenue DDA with West Covina Heights Mayor Herfert called to order the Community Development Commission in order to conduct the joint public hearing. Deputy City Clerk Rush verified the affidavit of publication and Mayor Herfert opened the public hearing. Redevelopment Agency Director Chris Chung presented the staff report and answered question of Councilmembers. Mayor Herfert asked for a presentation from the developer Douglas Gray, president of West Covina S.C. LLC and Eclipse Development LLC. Mr. Gray presented an overview of the project, answering questions of Council. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and then asked for verbal testimony. The following individuals addressed the Council and CDC: Corey Warshaw Corey Warshaw, West Covina resident, shared his concerns of the proposed tenant of the development. Royall Brown Royall Brown, West Covina resident, stated that certain material being presented regarding the development violated the Brown Act. City Attorney Alvarez-Glasman opined that any material presented to the City Council for any decision must be made available to the public when presented and the referenced material was available for public display. Mr. Brown also commented on overall disclosure to the public. Recess Councilmember Wong requested a recess at 8:45 p.m. The Mayor reconvened the meeting at 9:55 p.m. with all members present. Richard Thorn Richard Thorn, West Covina resident, opposed any consideration of a Wal-Mart at the development site of BKK Milford Walker Milford Walker, West Covina resident, urged the Council to turn down the proposal for the development. Mike Mohajer Mike Mohajer, San Dimas resident, voiced his concern with the Environmental Impact Report and suggested the Council mitigate the traffic issues on Azusa before selling the BKK property. John Scheuplein John Scheuplein, West Covina resident, voiced his support for both unions and big business, and supported the development, as it would bring in money. Council Minutes of 01/20/04 • • Donna Griggs Donna Griggs, Claremont resident, read a letter from local Vons workers in opposition to the project. John Shewmaker John Shewmaker, West Covina resident, spoke in support of the development. Douglas Gray Douglas Gray, President of West Covina S.C. LLC and Eclipse Development LLC, stated that he realized this is an emotional and difficult decision but should be made for the betterment of the city as a whole. Testimony closed There being no others wishing to address Council, Mayor Herfert asked staff for comments. City Manager Pasmant commented on a survey conducted by the Redevelopment Agency of area businesses. With no further continents being made, the Mayor closed the public testimony portion of the hearing and commenced Council discussion. Councilmembers asked various questions of staff, the developer, and the economist regarding the proposed development. Motion Motion by Hernandez and seconded by Miller to deny the staff recommendation to adopt resolutions approving the development. Council Discussion Councilmember Hernandez commented on the overall quality of the area and felt the City should continue to look for a quality commercial development proposal. Councilmember Miller elaborated on the traffic and congestion at the intersection of Amar and Azusa and mitigation needs. Councilmember Sanderson felt that a Wal-Mart in West Covina would bring in needed revenue, as would the profits from the sale of the property. She provided both pros and cons of the proposed development, and that she would not support the motion because of already involved costs. Councilmember Wong stated he would support the motion and that he wasn't one of those who supported other expenditures which now make the profits from the sale so inviting. He further stated that Wal-Mart is not socially responsible and the taxpayers should not be subsidizing their low wages. Mayor Herfert made several comments regarding the two-year process of the project and that the sale of the property for a commercial development is needed to offset some of the recreational facilities. He stated his concern of the potential loss of revenue that would be generated by sales tax and the effect it is going to have on personnel beginning with the possibility of layoffs. Action on Motion Councilmember Herfert restated the motion to deny the staff recommendation approving the development. Motion carried 3-2 with Herfert and Sanderson voting no. CDC recessed Mayor Herfert recessed the Community Development Commission at 9:55 p.m. to continue the City Council meeting. The following item, E-3 regarding Waste Collection was moved forward for consideration at this time. 7 Council Minutes of 01/20/04 DEPARTMENTAL MATTERS ENVIRONMENTAL MANAGEMENT Waste Collection Multi -Family Per Unit Rate Service Adjustment and Amendment of Franchise Agreement to Change the Submission Date for any Consumer Price Index (CPI) Adjustment Requests from April 15 to May 31 Environmental Management Director Steve Samaniego presented the staff report. • John Scheuplein John Scheuplein, West Covina, resident spoke favorably of Athens and hoped for closure on this item tonight. Emma Fischbeek Emma Fischbeck, West Covina resident, requested that the Council be fair and equitable on the issue by eliminating the per unit charge for condos and apartments, She emphasized that there is no difference in the service between condos/apartments and businesses. Dennis Chiappetta Dennis Chiappetta, Chief Operating Officer of Athens Services, commented on the history of Athens rate structure and asked Council to support Option 8 of the previous staff report and to not delay the decision any longer. Council engaged in lengthy discussion regarding inequities in the rate structure, the 12-year rolling agreement, and future CPI rate increases. Dennis Chiappetta Following Council's discussion Mr. Chiappetta proposed to forego any CPI rate increase in July 2004, waiting until July 2005, giving rate payers 19 months at the current rate, if accompanied by Option 8 of the staff report. (Option 8 reinstates a twelve-year rolling term agreement and applies commercial rates to all multi -family bins as long as the rolling term of the agreement is in place.) Motion Motion by Wong and seconded by Miller to refer Mr. Chiappetta's proposal to staff for a financial analysis. Motion failed by 2-2-1 vote with Herfert and Sanderson voting no and Hernandez abstaining. Substitute Motion Motion by Herfert and seconded by Sanderson to accept the proposal of Athens. Motion carried 3-2 with Miller and Wong voting no. Recess Mayor Herfert called for a 5 minute break at 10:40 p.m. The meeting reconvened at 10:50 p.m. with all members present. Items to be Held Over Mayor Herfert stated that the following items that will be held over: Human Resources I Adjustments to all Elected Official Salaries Community Development Development of City Property Located at Morganfield Commission Avenue and Valley Boulevard (APN Nos. 8742-013-900 & .8742-013-901) Mayor's Report Policy for Naming Citv Facilities After Individuals Councilmembers' Report Report on Procedure and Impacts on Reviewing Legal Counsel for Various City Services i3 Council Minutes of 01/20/04 • • PUBLIC WORKS South Azusa Avenue Traffic Capacity Enhancement Study Project No. SP-01125 Mayor Herfert provided a brief overview of staff's request. Motion by Herfert and seconded by Miller to approve staff recommendation to hold a town hall public meeting, complete the South Azusa Avenue Capacity Enhancement Study and approve funding as requested. Motion carried 5-0. John Scheuplein John Scheuplein, West Covina resident, hoped that staff would meet with residents before preparing EIR report. COMMUNITY SERVICES Invitation to Participate in 2005 Tournament of Rose Parade Staff report was presented by Interim Community Services Director Steve Samaniego and staff responded to questions from Council regarding previous funds raised, expenditures, and costs. John Scheuplein John Scheuplein, West Covina resident, voiced his opinion about City expenditures and unnecessary spending while dealing with the current budget situation. Herb Redholtz Herb Redholtz, West Covina resident provided his views on participating in the Rose Float parade. Motion by Miller and seconded by Sanderson to accept the invitation with the provision the Rose Float Foundation provide a plan for raising funds without using any general fund money. Motion carried 3-2 with Herfert and Wong voting no. Recess Mayor Herfert recessed the City Council meeting at 11:05 to reconvene the Community Development Commission. The City Council meeting reconvened at 11:45. Mayor Herfert announced that the carry over items would be held over to the next regular City Council meeting as time permits. Councilmember Hernandez stated he would be unable to attend the special meeting scheduled for Tuesday, January 27 and suggested changing the meeting date to either Monday or Wednesday if the other Councilmembers' schedules permit. Councilmembers discussed various times and dates. Councilmember Wong stated that the Councilmembers had already agreed to a date for the meeting. Mayor Herfert suggested that City Manager's Office poll the Council Councilmember Sanderson requested that staff check into the status of School Board liaison meetings and would like to implement school traffic safety programs. ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the meeting at 11:45 pm. Motion carried 5-0. ATTEST:' Deputy City Clerk Sue kush 9