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05-04-2004 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 4, 2004 • Mayor Miller called to order the regular meeting of the West Covina City Council at 7:03 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant asked for a Moment of Silence and Councilmember Wong led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmember Herfert (arrived at 7:05 pm) and Councilmember Wong Absent: Councilmember Hernandez Others Present: Pasmant, Alvarez-Glasman, Freeland, Wills, Taylor, Janis, Dominguez, Smilowitz, Samaniego, McIsaae, Paul, Yuasa-Wang, Durbin, Yauchzee, Anderson, Berry REPORTING OUT FROM CLOSED SESSION N/A CHANGES TO THE AGENDA N/A APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of April 5, 2004 Special meeting of April 14, 2004 Special meeting of April 20, 2004 Regular meeting of April 20, 2004 PRESENTATIONS With the assistance of Police Chief Wills, Mayor Miller presented retiring Jackie Anello with a Resolution of Commendation for her seventeen years of service with the Police Department. Mayor Miller presented a Certificate of Recognition to Sona Baghassarian, the Director of Parents' Place for their service to the community. Mayor Miller called forward Cathy Turney, Counselor at Hollencrest School, to be recognized and congratulated for receiving the Donald G. Hay Outstanding Counselor of the year. With the assistance of Interim Community Services Director Samaniego and Irene Fleck of West Covina Beautiful, Mayor Miller presented Certificates of Appreciation to the following West Covina Beautiful Poster Contest Winners. - Bryant Ilaban, First Place Brenda Briseno, Second Place Tie Elizabeth Delgado, Second Place Tie Christian Carrera, Merit Winner • Michael Quiroz, Merit Winner Mayor Miller proclaimed the month of May 2004 as West Covina Beautiful Month and presented the proclamation to Geneva Nixon, President of West Covina Beautiful. Mayor Miller recognized and congratulated Maha Alhassen as the recipient of the Covina Valley Unified School District PTA's Council Minutes of 5/4/04 • • Honorary Service Award. Mayor Miller thanked her for her dedi- cation at the school district for the betterment of the students. With the assistance of Cathi Julien, Drill Instructor at West Covina High School, each member of the West Covina Drill/Dance team received a Certificate of Recognition from the Mayor. The Drill/ Dance team won the United Spirit Association Championship for Large and Medium Drill presentations. Mayor Miller proclaimed the week of May 16 through May 22 as National Public Works Week and presented the proclamation to Public Works Director/City Engineer Yauchzee. Mayor Miller proclaimed May 8, 2004 as Fire Service Day and presented the proclamation to Assistant Fire Chief Joe Janis, who in turn invited everyone to Fire Station No. 2 on Saturday, May 8 for food, entertainment, and most importantly, Fire Department demonstrations and drills. ORAL COMMUNICATIONS Prior to opening Oral Communications, City Manager Pasmant stated that would like to carry over Consent Calendar Item C-1 (Ordinance for adoption re second dwelling units) until the next Council meeting. John Scheuplein John Scheuplein, West Covina resident, asked for an update on constructing anything on the former BKK Landfill site. Cynthia Jackson Dr. Cynthia Jackson from the CAPS group (day care center for Alzheimer's Disorder) suggested that Ellen Sherwood speak to Council about the day care center and related items. Ellen Sherwood Ellen Sherwood, West Covina resident, thanked the Council for their support and funding from the Community Development Block Grant funding program. She spoke very highly of the day care and its positive effects on the clients and their families. Herb Redholtz Herb Redholtz, West Covina resident, expressed some worry about the City losing its competitive economic edge in the San Gabriel Valley. Now that the City has a Community Development Com- mission rather than a Redevelopment Agency, he wondered about any new directions or steps taken. Cookie Nance Cookie Nance, West Covina resident, noted her disappointment in the loss of the 300-signature petition she submitted at a previous Council meeting and wanted an investigation into the matter. John Hughes John Hughes, West Covina resident and MDA project coordinator, reminded the viewing audience of two upcoming fundraisers and invited everyone to participate. Lloyd Johnson Lloyd Johnson, West Covina resident, discussed several items: * Code amendment to address residents who have left their Christmas Lights on their eaves. * Parking on residential streets by neighboring city residents. * Traffic on Orange Avenue traveling extremely fast and then stopping so fast that it causes windows to rattle. Katherine Castucci Katherine Castucci, West Covina resident, discussed Agenda Item F-I (Concepts for Kohl's Department Store at the Wickes site). Her main concern centered on the traffic and parking problems already experienced in the area and suggested creating a one-way 2 Council Minutes of 5/4/04 street on West Covina Parkway or creating a cul-de-sac. She wondered where the Park-n-Ride would be relocated. In response to the above comments, Mayor Miller (1) referred Lloyd Johnson to either the Police Chief or Public Works Director regarding traffic/parking problems in his neighborhood, (2) agreed to look into the missing petition, (3) clarified that no employee positions have been cut and no decision has been made regarding employee cuts, and (4) requested the City Manager to give a quick overview of the BKK property. City Manager Pasmant stated that in about thirty days staff would be bringing to Council options being discussed/suggested by the developer and he put to rest the rumor about any casinos. Councilmember Herfert clarified a few points regarding the funding of the project at the BKK site and the cleanup of the landfill. The City purchased the land from BKK and that purchase was to go towards the post -closure and closure cleanup. That was strictly put into that "pot" and BKK was not allowed to do any- thing else with it. Subsequently, the City loaned BKK $2.5 million to pay an insurance policy. So, the commercial property isn't directly linked to the future cleanup, but the money from the sale of the property will be placed into the City's coffers. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS MAYOR'S REPORTS Annual Appointments of City Council Representatives to Other Agencies Mayor Miller discussed the appointments. City Clerk Berry presented: Resolution 2004-37 RESOLUTION NO. 2004-37 — A RESOLUTION OF THE COG Delegates CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, NAMING MAYOR MICHAEL MILLER AS THE GOVERNING BOARD REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER ROGER HERNANDEZ AS THE ALTER- NATE Motion by Herfert and seconded by Wong to waive further reading of the resolution and adopt. Motion carried 4-0. Other Delegates confirmed Motion by Wong and seconded by Herfert to approve the remaining liaison appointments, listed below. Motion carried 4-0. Organization Representative Alternate Chamber of Commerce Miller Sanderson City/Schools Liaison Committee Miller Sanderson L.A. County Emergency Preparedness Committee Miller Joe Janis L.A. Works Herfert Hernandez Foothill Transit Zone Wong Sanderson Independent Cities Association Miller Hernandez League of California Cities Hernandez Miller SGV Mosquito Abatement District Herfert N/A L.A. County City Selection Committee Sanderson Miller San Gabriel Valley Council of Governments Miller Hernandez Sanitation District Board • Miller Sanderson So. Cal. Assn. of Gov't (SCAG) General Assembly Hernandez Miller Upper San Gabriel Valley Water Association Sanderson Herfert Hurst Ranch @ Barn Herfert Miller 3 Council Minutes of 5/4/04 0 ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued) COMMUNITY SERVICES Placement Location of Plaque Honoring Members of the World War II Japanese American Combat Army Units and Future Plaques Within the Same Category Military Plaques Interim Community Services Director Samaniego presented the staff report. Council discussed the alternative locations, taking into consideration the comments of the following individuals: * John Scheuplein, West Covina resident * George Ogden, West Covina resident and Adjutant of the 6`h District of the V.F.W. * Chief Warrant Officer — 3 Carlos N. Thrasher, U.S. Marine Corps Reserve and West Covina resident * Anella Freeland, Japanese Asian -American citizen Council offered their preference for the location of the plaque in question and possible future plaques. Motion by Sanderson and seconded by Herfert to adopt Alternate No. 2. Additional Council comments followed. City Manager Pasmant suggested that the matter be returned to staff for further work and brought back to the Council in the near future. Motion by Sanderson and seconded by Herfert to direct staff to work with the concept of placing the plaque(s) on a wall, rather than a pedestal, and return the matter back to Council as soon as possible. Motion carried 4-0. CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Community Services 4/13/04 Senior Citizens 4/08/04 Waste Management/Environmental Quality 4/15/04 Planning 4/13/04 Ordinance for Adoption (waive reading & adopt) Code Amendment No. 03-01 Held Over Second Dwelling Units AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (Zoning) OF THE WEST COVINA MUNICIPAL CODE REGULATING SECOND DWELLING UNITS (Code Amend- ment No. 03-01) Approval of Final Map for Tract No. 53112 Location: Southwest comer of Nogales and Shakespeare Drive Subdivider: Abell-Helou Homes Recommendation is to adopt the following resolution: Resolution 2004-38 RESOLUTION NO. 2004-38 — A RESOLUTION OF THE CITY Abell-Helou COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 53112 LOCATED AT THE SOUTHWEST CORNER OF NOGALES STREET AND SHAKESPEARE DRIVE AND DIRECTING THE RECORDA- TION THEREOF (Abell-Helou Homes) Traffic Committee Minutes (accept & file) Minutes of the regular meeting of May 20, 2004 4 Council Minutes of 5/4/04 • • Miscellaneous by Department Miscellaneous — Communications Temporary Lease Agreement with Cingular Wireless Cingular at BKK Recommendation is to approve the proposed Temporary Lease Agreement authorizing Cingular Wireless to lease space on a temporary basis to locate a Cell on Wheels (COW) at the Head End site above BKK and authorize the Mayor to execute the Lease Agreement. Miscellaneous — Public Works Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolution: Resolution 2004-39 RESOLUTION 2004-39 — A RESOLUTION OF THE CITY Citywide COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI- NEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON .TUNE 15, 2004 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2004-2005 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT CIP Projects and Building Activity Report (receive & file) First Quarter 2004 Ending March 31, 2004 Report Miscellaneous — Environmental Management Authorization to Submit California Integrated Waste Management Board Grant Application CIWMB grants Recommendation is to take the following actions: Resolution 2004-40 a) authorize the submittal of all California Waste Manage- ment Board (CIWMB) grant applications for fiscal years 2004/2005 through 2008/2009, and b) adopt the following resolution: RESOLUTION NO. 2004-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR ALL AVAILABLE CIWMB GRANTS, ALL USED OIL GRANTS AND HOUSEHOLD HAZARDOUS WASTE (HHW) GRANTS UNDER THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT, OR OIL GRANTS UNDER THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT FOR FISCAL YEARS 2004/2005 THROUGH 2O08/2009 Miscellaneous — Police Department Purchase of Police Vehicles Police Vehicles Recommendation is to authorize the purchase of six police vehicles (five patrol units and one unmarked unit) from West Covina Motors, the lowest bidding vendor, for $126,869.00 including tax and standard warranty. Miscellaneous — Community Services Article of Incorporation and Bylaws for the West Covina Com- munity Services Foundation, Incorporated, a Non -Profit 501(c)(3) Recommendation is to approve the following: 5 Council Minutes of 5/4/04 Article of Incorporation 1) Approve the Articles of Incorporation, West Covina Community Services 501(c)(3) foundation, Incorporated; 2) Approve the Bylaws for the West Covina Community Services 501(c)(3) foundation, Incorporated; and 3) Direct staff to proceed with the tax exemption filings once the West Covina Community Services 501(c)(3) Founda- tion is incorporated. • Miscellaneous — Planning Department Opposition to Assembly Bill 2702 Regarding Second Units AB 2702 Recommendation is to take a position in opposition to Assembly Bill 2702 and authorize the Mayor to send a letter expressing the City's position to local State legislators and members of the appropriate State legislative committees. CONSENT CALENDAR ACTION Motion by Wong and seconded by Sanderson to waive further reading of the resolutions and adopt; and to approve all other items listed on the Consent Calendar, except: Item C-2 (ordinance for adoption pulled off the agenda earlier by the City Manager), Item C-6f (Articles of Incorporation for West Covina Services Foundation, Inc.). Motion carried by roll call vote: AYES: Herfert, Sanderson, Wong, Miller NOES: None ABSENT: Hernandez Police Vehicles Councilmember Wong asked about maintenance records of the vehicles proposed for recycling and how critical it is to replace the vehicles at this time. His preference at this critical budget juncture is to forego equipment rather than cutting positions. Police Chief Wills responded. Item C-6f In relation to Item C-6f (Articles of Incorporation for West Covina Service Foundation), Interim Community Services Director Samaniego presented the staff report. John Scheuplein John Scheuplein, West Covina resident, commented on the estab- lishment of this foundation from his point of view. City Attorney Alvarez-Glasman responded to questions of Council. Motion by Herfert and seconded by Sanderson to refer the matter back to staff to resolve the question of creating an Executive Committee with the same level of authority that would be granted to the Board as a whole. Motion carried 4-0. HEARING GENERAL PLAN AMENDMENT NO. 04-01 ZONE CHANGE NO. 04-01 NEGATIVE DEC. OF ENVIRONMENTAL REVIEW Location: Southwest corner of Nogales and Shakespeare Dr. Applicant: Abell-Helou Builders City Clerk Berry verified the affidavit of publication and Mayor IVthe opened the hearing. Planning Assistant Anderson presented the staff report. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for comments from members of the audience. No one none addressed the City Council either in favor of the general plan amendment and zone change or in opposition to either item. Testimony closed Mayor Miller closed the public testimony portion of the hearing. J 6 Council Minutes of 5/4/04 City Clerk Berry presented: Resolution 2004-41 RESOLUTION NO. 2004-41 — A RESOLUTION OF THE Certifying Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMEND- MENT NO. 04-01, ZONE CHANGE NO. 04-01, TENTATIVE TRACT MAP NO. 060815, DEVELOPMENT PLAN NO. 04-01, isTREE REMOVAL PERMIT NO. 04-01, ADMINISTRATIVE USE PERMIT NO. 04-09, AND ANNEXATION NO. 245 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Resolution 2004-42 RESOLUTION NO. 2004-42 — A RESOLUTION OF THE Approving General Plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING ZONE CHANGE NO. 04-01 Motion Sanderson and seconded by Herfert to waive further reading of the resolutions and adopt. Motion carried 4-0. City Clerk Berry presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPVOING ZONE CHANGE NO. 04-01 Motion by Wong and seconded by Herfert to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Sanderson, Wong, Miller NOES: None ABSENT: Hernandez COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 9:11 pm to convene the Community Development Commission. The City Council reconvened at 9:14 pm with all members presented, except Councilmember Hernandez. DEPARTMENTAL MATTERS PLANNING DEPARTMENT Councilmember Wong stated at 9:15 pm that he would abstain from the discussion on the following issue in that the store in question is in close proximity to the property his family recently sold and therefore it would still be a conflict of interest for him to participate in the discussion or vote. He stepped down from the Council table. CONCEPTS FOR KOHL'S DEPARTMENT STORE PROPOSAL ON GLENDORA AVENUE Kohl's Dept. store at Wickes Planning Director Mclsaac presented the staff report. The Councilmembers offered their comments. City Attorney Alvarez- Glasman stated that tonight's discussion is not binding on the Council. It is to give direction to staff concerning differing concepts for developing the Wickes furniture site. • Herb Redholtz Herb Redholtz, West Covina resident, encouraged the City to continue to think outside the box. Royal Brown Royal Brown, West Covina resident, noted parking as a problem in that area of West Covina and suggested subterranean parking. John Scheuplein John Scheuplein, West Covina resident, felt the Community Development Commission should oversee the project. 7 Council Minutes of 514/04 Siobhan Byme Siobhan Byrne, representing the owner of the Wickes furniture site, GVD, spoke in support of the development but wished she had heard of it before yesterday. Council discussed the various options offered by staff and commented on their particular preferences. • Motion by Herfert and seconded by Sanderson to receive and file the report. Motion carried 3-0-1 (Wong abstaining). Councilmember Wong returned to the Council table at 9:50 pm. MAYOR'S REPORTS DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY SPECIAL MEETING Mayor Miller elaborated on the staff report. Motion by Wong and seconded by Sanderson to designate mayor Miller as the voting delegate and Councilmember Hernandez as the voting alternate for the League of California Cities General Assembly Special Meeting. Motion carried 4-0. COUNCILMEMBERS' REPORTS No reports offered Don Harr Don Harr, Real Estate Manager for Kohl's Department Store, introduced members of project team and discussed Kohl's intentions in working with the City and coming into the City at the Wickes furniture site. ADJOURNMENT Motion by Wong and seconded by Miller to adjourn the meeting at 9:57 pm in memory of the following individuals: Harry Anderson, Elba Cameau, and Clint Collins. Motion carried 4-0. Attest: ' V City Clerk Janet Berry Mayor Michael Miller 0