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07-06-2004 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JULY 6, 2004 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:10 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Rev. Kenjun Kawakawa of Higushi Honganji Buddhist Temple gave the invocation and Councilmember Wong led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers Hernandez, Wong Absent: Councilmember Herfert Others Present: Pasmant, Alvarez-Glasman, Samaniego, King, Yuasa-Wang, Smilowitz, Morgan, Fields, Dominguez, Bachman, Lee, Chung, Swink, Wills, Bommarito, McDonald, Taylor, McIsaac, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that all members were present at 6:14 pm, except Councilmember/Commissioner Herfert, and that the scheduled items were announced prior to the closed session, briefings were given, no final actions taken, and there is nothing further to report on either the existing litigation matter (City Council) nor the real property negotiations (CDC). CHANGES TO THE AGENDA City Manager Pasmant removed the following items from the City Council Agenda for this evening: * B-2 (Articles of Incorporation for West Covina Community Services Foundation) * F-1 (Establishing Park Hours for City Parks) APPROVAL OF MINUTES The following sets were approved as presented: * Special meeting of June 15, 2004 * Special meeting of June 16, 2004 The following sets were referred back to the City Clerk awaiting notations from Councilmember Wong: * Regular meeting of June 1, 2004 * Regular meeting of June 15, 2004 PRESENTATIONS The City's Blue Star Program video was aired. Mayor Miller proclaimed July 10 through July 11 as American Cancer Society Relay for Life and presented the proclamation to Vanessa Estrella of the American Cancer Society. • ORAL COMMUNICATIONS Mayor Miller and Council congratulated John Hughes of the Elks and MDA for an outstanding Fourth of July event at Cameron Park.. John Hughes in turn, thanked West Covina staff for their support and assistance. Council Minutes of 7/6/04 • is John Scheuplein John Scheuplein, West Covina resident, appreciated the re -airing of the Blue Star video and the continuation of various invocation givers for Council meetings. Herb Redholtz Herb Redholtz, West Covina resident, offered his congratulations to John Hughes for the Fourth of July. He hoped that the canceling of the Summer Concert Series and Movies at the Park was just a temporary cut this year due to budgetary constraints. Cookie Nance Cookie Nance, West Covina resident, supported Councilmember Hernandez' idea of placing major economic development projects on the ballot for the citizens to decide. Marlene Clay Marlene Clay, West Covina resident, discussed her rights as a property owner to park her recreational vehicle on her property. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Planning Department - Delegation of Responsibility for Determining Public Convenience and Necessity for Alcoholic Beverage Licenses This matter was carried over from June 15, 2004. Alcoholic Beverage Licenses Planning Director McIsaac presented the staff report and responded to Council questions and comments. Lloyd Johnson Lloyd Johnson, West Covina resident, reminded Council of the makeup of his neighborhood and that they didn't need another liquor store in his area. He also objected to having these kinds of decisions delegated to the Planning Director. Original motion Motion by Hernandez and seconded by Wong to take no action, thereby retaining the responsibility for rendering determination of public convenience and necessity to the City Council. Lengthy Council discussion ensued. Councilmember Wong offered a modification to the motion to direct staff to prepare an ordinance for off -sale liquor licenses falling under this undue concentration definition subject to the current Conditional Use Permit process, which includes noti- fication, payment of fees, appeal ability, etc. The modification/ amendment was not accepted by Councilmember Hernandez. Planning Director stated that that would be a simple code amendment. Councilmember Hernandez reiterated his reasons for the motion he made and did not support the modification to it. Substitute motion A substitute motion was made by Wong and seconded by Miller to Staff to draft ordinance direst staff to draft an ordinance requiring the CUP process to be applied to any off -sale liquor licenses that meets the undue concentration definition as provided under state law. The substitute motion carried 3-1 with Hernandez voting no. To clarify some confusion as to whether there was still an amended motion on the table, Mayor Miller asked for a vote of the Council. The motion carried 3-1 with Hernandez voting no. Item Pulled from Consideration Community Services — Articles of Incorporation and Bylaws for the West Covina Community Services Foundation, Inc, a Non -Profit 501 (c)(3) Foundation This matter was pulled earlier from the Agenda by the City Manager. K Council Minutes of 7/6/04 CONSENT CALENDAR Commission Summary of Actions (receive & file) Community Services 6/8/04 Planning &8/04 & 5/22/04 Senior Citizens 6/10/04 Waste Management/Environmental Quality 5/20/04 • Waste Management/Environmental Quality 6/17/04 Claims Against the City Eduardo Carreon vs City of West Covina Recommendation is that the personal injury and property damage claims of Eduardo Carreon filed on November 4, 2003 and April 15, 2004 be denied and the claimant's attorneys be so notified. Miscellaneous by Department: Sammy Estrada vs City of West Covina Recommendation is that the property damage claim of Sammy Estrada be denied and the claimant be so notified. Houssam JaFaklou vs City of West Covina Recommendation is that the personal injury and property damage claim of Houssam JaFaklou filed on January 9, 2004 be denied and the claimant's attorney be son notified. Rasheid Jones vs City of West Covina Recommendation is that the monetary loss claim of Rasheid Jones be denied and the claimant be so notified. City Treasurer's Report (receive & file) Report for the month of May 2004. Miscellaneous — City Manager's Office Cancellation of August 3 and August 17 City Council Meetings Recommendation is to cancel the City Council meetings of August 3 and August 17, 2004, due to an anticipated lack of quorum. Payment of San Gabriel Valley Council of Governments 04/05 Dues S.G.V. COG dues Recommendation is to authorize payment of dues for COG in the amount of $29,736 from the following accounts (subject to the approval of the FY 04/05 Budget): * Transit and Transportation program fee (Prop. A & C) of $13,368 to be paid out of Account No. 121.51.5140.6120. * Air Quality program fee (AB 2766) of $13,368 to be paid out of Account No. 119.52.5223.6120. * General Fund Fee of $3,000 to be paid out of Account No. 110.13.1350.6087. Miscellaneous — Risk Management Approval of Continued Membership, Adding New Members, and Payment of Excess Liability Insurance coverage with the Big . Independent Cities Excess Pool (BICEP) BICEP dues Recommendation is to take the following actions: * Approve payment of the City's 2004/05 excess liability insurance coverage with the BICEP in an amount not to exceed $330,000. * Approve West Covina's continued membership in BICEP for an additional three years beginning July 1, 2004. Council Minutes of 7/6/04 I • • Resolution 2004-61 Auto Plaza Business Improve. ment public hearing: 7/20 CONSENT CALENDAR ACTION * Approve the City of Riverside and the Community Development Commission of the County of Los Angeles as potential new BICEP members effective July 1, 2004. Miscellaneous — CDC Department Auto Plaza Business Improvement District Recommendation is to adopt the following resolution: RESOLUTION NO. 2004-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DIS- TRICT AREA FOR FISCAL YEAR 2004105, AND PROVIDING NOTICE OF A PUBLIC HEARING THEREON TO BE CONDUCTED JULY 20, 2004 Motion by Wong and seconded by Sanderson to waive further reading of the resolutions and adopt; and to approve all other items listed, except Items C-4a, C-4b, and C-4d. Motion carried by roll call vote: AYES: Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: Herfert Item C-4a In relation to Item C-4a (Cancellation of August 3 and August 17 Council meetings), the following individuals spoke against foregoing Council meetings for the entire month of August: Herb Redholtz, West Covina resident Royal Brown, West Covina resident John Scheuplein, West Covina resident Councilmember Wong concurred with not authorizing the cancellation of meetings so far in advance. Motion by Miller and seconded by Wong to receive and file the staff report. Motion carried 4-0. C-4b In relation to Item C-4b (Payment of S.G.V. COG 04/05 Dues), Councilmember Hernandez stated his difficultness in expending $30,000 for dues and argued against the expenditure, although it was explained that most of the money was derived from restricted funds. Anela Freeland, -Field Representative for Congresswoman Hilda Solis, addressed the benefits of COG to the member cities and to her boss. Upon further discussion, motion by Sanderson and seconded by Hernandez to refer the matter back to staff for more in-depth information on the pros and cons, and to place it on the next City Council agenda. Motion carried 3-0-1 with Wong abstaining. C-4d In relation to Item C-4d (Auto Plaza Business Improvement District), Community Development Commission Department Director Chung presented the staff report. Councilmember Hernandez left the meeting at 9:13 pm. Herb Redholtz, West Covina resident, felt the reader board needed updating. Council Minutes of 7/6/04 • • HEARINGS Corey Warshaw, West Covina resident, asked how the $15,000 amount was derived and what was the amount the previous year. Mr. Chung responded that the auto dealerships have had conversations about upgrading the sign. The amount last year was $9,000 and explained the increase to $15,000. Motion by Wong and seconded by Sanderson to waive further reading of Resolution No. 2004-61 and adopt. Motion carried 3-0 (Hernandez absent). END OF CONSENT CALENDAR No hearings scheduled for this meeting. COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 9:19 pm to convene the CDC. Councilmember Hernandez returned to the Council table at 9:20 pm. The City Council reconvened at 9:38 pm with all members present, except Councilmember Herfert. DEPARTMENTAL MATTERS COMMUNITY SERVICES — ESTABLISHING PARK HOURS FOR CITY PARKS Item Pulled from Consideration City Manager Pasmant pulled this matter off the Council Agenda earlier in the meeting. PROPOSED AMENDMENT TO ARTICLE III, SEC. 2-76 OF THE WEST COVINA MUNICIPAL CODE GOVERNING THE RESPONSIBILITIES OF THE SENIOR COMMISSION Senior Citizens Commission Interim Community ,Services Director Samaniego presented the staff report. Lollie Bergman Lollie Bergman, West Covina resident, explained the history and purpose for creating the Redevelopment Agency with the same body as the City Council with concurrent meetings, and the emphasize at the time was to not keep them separate bodies. On a previous matter (regarding the COG dues), she sug- gested that the COG and other organizations watch their expenditures, which would in turn lower the City's expenses. John Scheuplein John Scheuplein spoke as a Senior Citizen Commissioner, noting that he was available to answer any questions. City Clerk Berry presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Senior Cit. Commission duties OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2- 76 OF THE WEST COVINA MUNICIPAL CODE GOVERNING THE RESPONSIBILITIES OF THE SENIOR COMMISSION Motion by Wong and seconded by Sanderson to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: Herfert C Council Minutes of 7/6/04 FINANCE DEPARTMENT — 2004/05 BUDGET ADOPTION FY 2004/05 Budget City Council reviewed the staff report and Finance Director Bachman responded to questions posed by Council. Royal Brown Royal Brown, West Covina resident, agreed with adopting the • continuing resolution because of the effect of the state's budget on the City. Motion by Wong and seconded by Hernandez to adopt the continuing resolution with effectiveness through July 21, 2004. Motion carried 4-0. City Clerk Berry presented Resolution 2004-62 RESOLUTION NO. 2004-62 — A RESOLUTION OF THE Continuing operations CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, TO CONTINUE APPROPRIATIONS CONSISTENT WITH THE 2003/04 FISCAL YEAR CITY OPERATING BUDGET UNTIL THE ADOPTION OF THE FISCAL YEAR 2004/05 ANNUAL BUDGET Motion by Miller and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-0. MAYOR'S REPORT Mayor Miller announced the next budget meeting has been scheduled for Monday, July 12, 2004 at 7 pm in the City Hall Council Chambers. COUNCILMEMBERS' REPORTS Councilmember Wong stated that he understood that the Community Center at Cameron Park was constructed on time and under budget. City Manager Pasmant responded that a couple of thousand dollars remained in that account and would probably be used to retrofit the automatic opening doors at the center. Staff would respond back with more information. Councilmember Hernandez requested a status report on standing water at the rear of Bally's Fitness Center. ADJOURNMENT Motion by Wong and seconded by Hernandez to adjourn the meeting at 10:03 pm. Motion carried 4-0. Mayor Michael L. Miller---. Attest: — r� • City Clerk Janet Ben I G]