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02-03-2004 - Regular Meeting - Minutes0 MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL February 3, 2004 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:07 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Rev. Vernon Bennett of Shalom Community Church gave the invocation and Councilmember Hernandez led to Pledge of Allegiance. ROLL CALL Mayor Herfert, Mayor Pro Tern Miller Councilmembers Hernandez, Sanderson, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Yauchzee, Freeland, Dewus, Johnson, Hoppe, Samaniego, Morgan, Liska, Dominguez, Durbin, Bommarito, Gardner, Swink, Hudson, Wills, Melsaac, Bachman, Taylor, Chaparyan, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the City Council/ CDC commenced closed session at 6:25 pm following the City Attorney's announcement of the agendized items for discussion. All members were present. In relation to the City Council items concerning the first four employee organizations: a briefing was given to Council, no final action taken and there is nothing further to report. In relation to the thirteen positions listed under the Miscellaneous Unrepresentative Management Employees, Coun- cilmember Miller excused himself from the discussion on a portion of the discussion as it may affect him monetarily. The remaining Councilmembers participated in the discussion; there was no final action taken and nothing further to report. Concerning real property negotiations before the CDC, Commissioner Wong excused himself from the discussion, as his family owns commercial property within close proximity to one of the locations. Direction was given to staff; however no final action was taken and nothing further to report. CHANGES TO THE AGENDA No changes offered by the City Manager. PRESENTATIONS First was the airing of the Blue Star video. With the assistance of Rose Float Foundation Chairman Rob Sotelo and Foundation Membership V.P. Elise LaFave, Mayor Herfert presented Certificates of Appreciation to the 2004 Rose Float Volunteers, Sponsors, and Riders. A short video of the 2004 Float was aired. ORAL COMMUNICATIONS Norm Richman Norm Richman, 3432 Cortez Street, stated his support for the vote taken by Councilmembers Hernandez, Miller, and Wong regarding the Wal-Mart issue at the BKK landfill site. Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, wondered why Home Depot would not go in the BKK landfill site without Wal-Mart, and why would Wal-Mart be interested in building there when there is one south on Azusa Avenue near the 60 freeway and another north on Azusa Avenue in Covina. Council Minutes of 2/3/04 • is Ed Casanova Ed Casanova, 809 Avington Avenue, said there was a need to address safety on the City's shuttle busses and related an incident. He also encouraged John Scheuplein to express his remarks without rancor. Katherine Castucci Katherine Castucci, 430 S. Pima Avenue, voiced her displeasure with the vote taken by the City Council to nix the construction of a Wal-Mart and a Home Depot on the BKK landfill site. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, noted that West Covina is not home to factories or industry. The City relies on sales tax. He too felt it was a mistake to vote down the construction of Wal-Mart and Home Depot. Christina Nance Christina Nance, 1236 W. Eckerman, expressed her support for Wal-Mart and Home Depot. Cookie Nance Cookie Nance, 1236 W. Eckerman, stated that Wal-Mart is the largest retailer, appealing to the vast majority of shoppers. She quoted Councilmember Wong from a Tribune article. Royal Brown Royal Brown, 2153 Aroma Drive, complained about the out -of - City candidates placing their campaign signs on the BKK property line along Azusa Avenue. He too hoped another big box would come into the BKK landfill site to help revenues to the City. Bernie Wilner Bernie Wilner, 2108 Casa Linda Drive, felt there was a lot of mis- understanding on the part of the majority of the audience regarding the Wal-Mart development project. John Scheuplein John Scheuplein, 1800 Aroma Drive 4247, spoke as a member of the RACOON group and chastised Councilmembers Hernandez, Miller, and Wong. Iris Delameter Iris Delameter, agreed that Wal-Mart is not for everyone, but the City is going to give up a lot of tax dollars without developing Wal-Mart on the site. Walt Hauser Walt Hauser, 2147 E. Rio Verde Drive, expressed his support for the Wal-Mart and Home Depot development. CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Human Resources 12/10/03 Planning 01 /27/04 Waste Management/EnvironmentalQuality 01/15/04 Claims Against the City (deny & notify claimant) Mark Rubalcava vs. Citv of West Covina It is recommended that the property damage claim filed by Mark Rubalcava be denied and the claimant be so notified. Michael Barkley vs City of West Covina It is recommended that the monetary loss claim of Robert, Robbie & Michael Barkley be denied and the claimants be so notified. Award of Bids Award of Bid for Telephone System Maintenance Trans -West Network Solutions Recommendation is to accept the bid of Trans -West Network Solutions in the amount of $15,006 per year to provide maintenance of the City telephone system for a five-year period, and authorize the Mayor and City Clerk to execute the contract. 2 Council Minutes of213104 PP 04206 — Cameron Park East Parking Lot Rehabilitation International Pavement Solutions Recommendation is to accept the bid of International Pavement Solutions, Inc. in the amount of $23,750 as submitted at the bid opening on January 19, 2004 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Traffic Committee Minutes (accept & file) Minutes of the regular meeting of January 20, 2004. Miscellaneous — Community Development Commission Consideration of a Resolution Making the Finding that a Project Area Committee need Not be Formed in Relation to the Proposed Amendments to the Existing Redevelopment Plan for the Merged Redevelopment Project Area Recommendation is to adopt the following resolution: Resolution 2004-5 RESOLUTION NO. 2004-5 — A RESOLUTION OF THE No project area committee needed CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED IN RELATION TO THE PROPOSED AMENDMENTS TO THE EXISTING REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT AREA Miscellaneous — Human Resources Revised Salary Range for Assistant City Clerk Recommendation is to approve the monthly pay range of Assistant City Clerk from $4,892 - $6,604 to $5,743 - $7,753 and adopt the following resolution: Resolution 2004-6 RESOLUTION NO. 2004-6 — A RESOLUTION OF THE Assistant City Clerk CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NOS. 2002-21 AND 2002-57, RELATING TO MANAGEMENT COMPENSATION; AND RESOLUTION NO. 7223, AS AMENDED, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS FOR DEVELOPMENT HEADS; APPROVING THE REVISED SALARY RANGE FOR THE ASSISTANT CITY CLERK Miscellaneous — City Manager's Office Solicitation of Federal Funding For City Projects Recommendation is to authorize staff to submit the projects mentioned the staff report to Congresswoman Hilda Solis for possible funding consideration. Councilmember Wong stated that he would abstain from any dis- cussion and the vote regarding Item B-5a (the proposed resolution concerning a project area committee), as his family - owned property is located within the scope of the project area. CONSENT CALENDAR ACTION Motion by Miller and seconded by Sanderson to waive further reading of the resolutions and adopt, and to approve all other items except item B-5a. Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert • NOES: None ABSENT: None Item 13-5a Mayor I-Ierfert asked for a vote on the waiving of further reading and the adoption of Resolution No. 2004-5. Motion by Miller and seconded by Sanderson to waive further reading and adopt_ Motion carried 4-0-1 with Wong abstaining (conflict of interest). 3 Council Minutes of2/3/04 • • PUBLIC HEARING APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO. 03-10 AND TREE REMOVAL PERMIT NO. 03-04 Appeal Hearing Location: 338 S. La Serena Drive Applicant/Appellant: Brian and Nancy Scrivens Mayor Herfert introduced the hearing and the City Clerk verified the affidavit of publication. Mayor Herfert opened the hearing and Principal Planning Anderson presented the staff report. Public Testimony Mayor Herfert opened the hearing and applicant/appellant Brian Scrivens addressed the City Council with his reasons for the appeal and handouts depicting the site. Testimony closed As there was no one else to address the City Council, Mayor Herfert closed the public testimony portion of the hearing. Council commented on the issue, generally supporting the appeal. City Clerk Berry presented: Resolution 2004-7 RESOLUTION NO. 2004-7 — A RESOLUTION OF THE Approving Variance 03-10 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING VARIANCE NO. 03-10, TO ENCROACH INTO THE REQUIRED SIDE YARD IN ORDER TO ACCOMMODATE A GARAGE ADDITION Motion by Wong and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 5-0. HEARING GALSTER PARK MASTER PLAN, AMENDMENT NO 1 Galster Park Master Plan City Clerk Berry verified the affidavit of publication and Mayor Herfert opened the hearing. Planning Director Mctsaac presented a brief staff report and Interim Community Services Director Samaniego introduced Crist McPhail of David Evans and Asso- ciates, who prepared the master plan amendment and responded,to Council questions/comments: Public Testimony Mayor Herfert opened the public testimony portion of the hearing and the following addressed Council covering such topics as surveillance video cameras, difficulties in correlating marking on the maps and the written exhibits of the staff report, improvements to the trails within the park, use of grant funds, items before the City Council didn't necessarily match the items presented to the Planning Commission, and security within the park: John Scheuplein, West Covina resident Joanne Wilner, West Covina resident Recess Mayor Herfert called a recess at 9:10 pm. The City Council recon- vened at 9:23 pm with all members present. Additional comments were received by: Corey Warshaw, West Covina resident Royal Brown, West Covina resident Testimony closed There being no others wishing to address the Council, Mayor Herfert closed the public testimony portion of the hearing and commenced Council discussion. Several questions were posed to City staff. Hearing Continued City Manager Pasmant stated that the hearing could be held over for two weeks to enable staff to compile responses to Council questions and concerns. 4 Council Minutes of2/3/04 �J • Motion by Miller and seconded by Sanderson to continue the matter, with the hearing open, until the next Council meeting. Motion carried 5-0. PUBLIC HEARING ZONE CHANGE NO. 03-03 Location: Southeast Corner of Hollenbeck Street and and Garvey Avenue North Applicant: Abell-Helou City Clerk Berry verified the affidavit of publication and Mayor Herfert opened the hearing. Principal Planner Anderson presented the staff report. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and the following individuals addressed Council: Applicant, Mr. Abell, addressed the Council in support of the zone change. Michael Chai of the Mikkon Adult Day Health Center stated that the proposed building would block the view onto the street from the Center and would add more traffic. Mr. Abell rebutted the comments offered by Mr. Chai Testimony closed Mayor Herfert closed the public testimony portion of the hearing and commenced Council discussion. City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 03-03 (Hollenbeck Street/Garvey Avenue North) Motion by Miller and seconded by Wong to waive further reading of the ordinance and introduce. Motion carried by the following vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None COMMUNITY DEVELOPMENT COMMISSION Mayor Herfert recessed the City Council meeting at 10:05 pm to convene the Community Development Commission. The City Council reconvened at 10:40 pill with all members present. DEPARTMENTAL MATTERS FINANCE DEPARTMENT 2003/2004 FISCAL YEAR MID -YEAR BUDGET UPDATE Mid -Year Budget Report Finance Director Bachman presented the mid -year budget update using a slide presentation. He responded to comments and con- cerns of the Councilmembers. Council discussion ensued on available options: personnel and/or services reductions, economic development, taxation, etc. Motion by Hernandez and seconded by Wong to direct staff to retain a public research firm to poll the citizens as to the imposition of a utility tax or service cuts and to direct staff to report back with expenditure cuts which would bring the City's budget into balance. Mayor Herfert felt cutting services and personnel is not the answer. The first step towards economic development would be to reconsider the action taken by Council at the last meeting, which would have brought in the largest sales tax source for the City. Couneilmember Sanderson did not support the retention of a research firm to find out the opinions of the community. The City Council was elected to make decisions on behalf of the 5 Council Minutes of 2/3/04 citizens; and, City problems and situations are reported in the papers to inform the community and the Council meetings are for the citizens to give their thoughts to the City Council. Action on the motion carried 3-2 with Sanderson and I-Ierfert voting no. COMMUNITY SERVICES California Street Hockey Association (CSHA) _Restated and Amended Agreement CSHA Interim Community Services Director Samaniego presented the staff report and responded to Council questions and comments. Council discussion ensued. Finance Director Bachman addressed the deferral of the 2003 payment. Motion Motion by Sanderson and seconded by Herfert to take the following actions: 1) Approve the request from CSHA to defer the payment schedule of the Maintenance and Operation Agreement with the City of West Covina by one year beginning 2002 to 2003; and 2) Approve the proposed Restated and Amended Maintenance and Operation Agreement to reflect operations in the enclosed Planet Hockey facility; and 3) Approve CSHA request to activate a five-year option renewal as stated in the Agreement; and correct the dates of the payment schedule. Council discussion continued with Community Services Manager Morgan responding to questions about the down time for CSHA due to construction of the enclosed rinks. Call for the question by Sanderson, which failed 3-2 with Miller and Wong voting no. Discussion continued. Action on motion Mayor Herfert asked for a vote on the motion. Motion approved 3- 2 with Miller and Wong voting no. REDEVELOPMENT AGENCY DEPARTMENT - Development of City Property Located at Morganfield Avenue and Vallev Boulevard (APN # 8742-013-900 & 8742-013-901) Community Meeting Council reviewed the staff report. Motion by Wong and seconded by Miller to direct the Planning staff to conduct a community meeting to obtain public input. Motion carried 5-0. HUMAN RESOURCES — Adiustment to Future Elected Official Salaries Council reviewed the staff report. Motion by Miller and seconded by Wong to receive and file the report. Motion carried 5-0. MAYOR'S REPORTS Policy for Naming Citv Facilities After Individuals Council reviewed the staff report and Mayor Herfert suggested that this item be carried over until the February 17°i Council meeting. 6 Council Minutes of213104 • Is COUNCILMEMBERS' REPORTS Councilmember Hernandez — Report on Procedure and Impacts on Reviewing Legal Counsel for Various Citv Services Assistant City Manager Fields presented the staff report. Original motion Motion by Herfert and seconded by Sanderson to receive and file the staff report. Substitute motion Councilmember Hernandez commenced Council discussion/ comments by explained his reasons for pursuing this issue. A substitute motion was made by Hernandez and seconded by Miller to direct staff to prepare an RFP for legal services covering four areas: * City business * Redevelopment business * Public Financing Authority * Risk Management services and to bring back the RFP at the next Council meeting for final approval before releasing it. Herb Redholtz Herb Redholtz, a West Covina resident, spoke favorably of the current City Attorney and that there was no need to seek legal services from another firm. John Scheuplein John Scheuplein, a West Covina resident, concurred with Mr. Redholtz, and suggested that the Council appoint a citizens review committee as was done in 2000. Corey Warshaw Corey Warshaw, a West Covina resident, felt it was important to look at overall costs and supported the RFP process. Action on substitute motion Motion on the substitute motion passed 3-2 with Sanderson and Herfert voting no. Councilmember Miller — Amar Road and Azusa Avenue Improvements Councilmember Miller elaborated on the staff report, noting that there is a need for a long-term plan for the through traffic on Azusa Avenue. Herb Redholtz Herb Redholtz, a West Covina resident, agreed that the traffic at that intersection is heavy and does need to be addressed. I-Ie sug- gusted the study be updated. ADJOURNMENT Attest" City Clerk Janet Berry Motion by Miller and seconded by Hernandez to direct staff to retain Kimley-Horn and Associates, Inc. (traffic consultants) to update a 2000, study alternatives, and to update the cost estimates. Motion carried 4-1 with Herfert voting no. Motion by Hernandez and seconded by Herfert to adjourn the meeting at 12:44 am. Motion carried 5-0. 7