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07-20-2004 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL July 20, 2004 •Mayor Miller called to order the regular meeting of the West Covina City Council at 7:20 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend John Foye of Christ Fellowship Church gave the invocation and Councilmember Sanderson led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers Herfert, Hernandez, Wong Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, Hoppe, Samaniego, Durbin, Elliott, Ballard, Houston, Genovese, Smith, Yauchzee, Bommarito, McIsaac, Wills, Paul, Taylor, Villegas, Smilowitz, Chung, Bachman, Cendejas, Semblantes, O'Keefe, Koppel, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the special meeting commenced at 6:11 pm with all members present. The scheduled items were announced. In regards to labor negotiations as stated on the City Council agenda, a briefing was given by the labor negotiator, no action was taken, and there is nothing further to report. Regarding CDC items: (1) a briefing was given regarding the property at the northeast quadrant of Amar and Azusa, no action was taken, and there is nothing further to report, (2) direction was given to staff concerning the property at 1440 West Covina Parkway and no final action was taken, and (3) there was no time to discuss the property at 730 S. Orange Avenue and 1700 West Covina Parkway and if time permits at the end of this meeting, the CDC will continue with a closed session to consider this third item. CHANGES TO THE AGENDA City Manager Pasmant noted that there was a slight amendment to the staff report, Item F-10, and there are copies available at the back table for the audience. Mayor Miller stated that the agenda for the evening is very long with several public hearings. He moved the order slightly so that at the conclusion of the hearings, City Attorney services (F-1) would be considered next, and after that the budget (F-10), and the Nogales annexation (F-9). APPROVAL OF MINUTES The following sets of minutes were approved as presented: Regular meeting of June 1, 2004 Special meeting of June 29, 2004 (6:30 pm) Special meeting of June 29, 2004 (7:00 pm) Regular meeting of July 6, 2004 • PRESENTATIONS The City's Blue Star program video was aired. Mayor Miller introduced the new Fire Chief, Richard Elliott, and his family members. Mrs. Elliott, Dawn, stepped forward to assist with the Incoming Fire Chief Badge Ceremony. Council Minutes of 7/20/04 • • ORAL COMMUNICATIONS Cookie Nance, West Covina resident, spoke of the advantages of living in West Covina and her continued support for a Wal-Mart in the City. Joanne Wittier, West Covina resident, did not support an extension to the contract with David Evans & Associates for a Multi -Use Trail Master Plan (Item C-5c) as they have not been responsive to the public input. Herb Redholtz, West Covina resident, complained about the lack of construction going on at the Clippinger Chevrolet dealership. John Scheuplein, West Covina resident, objected to Council's slow pace at getting the BKK site developed. Valerie Tuitele, West Covina resident, complained that the Police Officers chasing down two criminals in her immediate neighbor failed to see and take a gun left on her property. Fortunately, she arrived home to find it and remove before her two small sons got home from school. Mayor Miller directed staff to report back to Council regarding the incident. ITEMS CARRIED OVER FORM PREVIOUS COUNCIL MEETINGS City Manager's Office — Payment of San Gabriel Valley Council of Governments Dues COG Annual Dues Executive Director of COG, Nicholas Conway, elaborated on the staff report and the City's role throughout the San Gabriel Valley as part of the organization. Matter held over to 8/3/04 After a lengthy discussion on the pros and cons of belonging to the organization versus the cost of the annual dues, motion by Hernandez and seconded by Herfert to hold over the matter to the August 3, 2004 Council meeting. Motion carried 3-2 with Wong and Miller voting no. CONSENT CALENDAR Commission Summary of Actions (receive & file) Planning 7/13/04 Ordinance for Adoption (waive reading & adopt) Ordinance 2116 - ORDINANCE NO.2116 — AN ORDINANCE OF THE CITY Senior Commission Duties COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-76 OF THE WEST COVINA MUNICIPAL CODE GOVERNING THE RESPONSIBILITIES OF THE SENIOR COMMISSION Traffic Committee Minutes (accept & file) Minutes for the meeting of June 15, 2004 Award of Bid ' Construction of Sidewalks at Various Locations Citywide Proiect SP 04106 SP 04106 - Recommendation is to take the following actions: FS Construction * Transfer $8,000 in construction Tax from Account No. 161.81.8338.7200 to Account No. 128.81.8429.7200 (SP 04106). . * Increase the Transportation Development Act funds appropriation from $40,000 to $57,000 for this project. * Accept the bid of FS Construction, Sylmar, in the amount of $53,762 as submitted at the bid opening on July 6, 2004 and 2 Council Minutes of 7/20/04 • authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Miscellaneous — City Clerk's Office Passport Program — Fiscal Year Wrap -Up Recommendation is to receive and file the report. Miscellaneous — Community Services Senior Nutrition Meals Program Grant Application Recommendation is to adopt the following resolution: Resolution 2004-63 RESOLUTION NO.2004-63 — A RESOLUTION OF THE Senior Meals grant . CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE SUBMITTAL OF A PRO- POSAL FOR FISCAL YEAR 2004/2005 OLDER AMERICANS ACT COMPETITIVE GRANT FUNDS FOR THE SENIOR NUTRITION PROGRAM Miscellaneous — Planning Department Award of Contract for West Covina Multi -Use Trail Master Plan Master Trail Plan - Recommendation is to take the following actions: David Evans & Asso. * Appropriate $47,930 for the development of a Multi -Use Trail Master Plan contract and $7,070 in contingencies from Park Dedication Fees District "G" Account. * Award the contract for the development of a Multi -Use Trail Master Plan, with the amount not to exceed $47,930 to David Evans and Associates, Inc. (DEA). Miscellaneous — Risk Management Approval for Payment of 2004/05 Excess Workers' Compensation and Employers' Liability Insurance Coverage with the California State Association of Counties Excess Insurance Authority (CSA) Workers Comp. Insurance Recommendation is to approve payment of $83,790 for 2004/05 Excess Workers' Compensation and Employer's Liability Cover- age to be paid from Account No. 363.15.1520.6418. This coverage is placed with the California State Association of Counties Excess Insurance Authority pool through the City's membership in the Big Independent Cities Excess Pool. Miscellaneous — Public Works Award of Contract for Engineering Plan Check Consultant Services for Expedited Services Plan Check Services - recommendation is to accept the proposal of USInfrastructure, Inc., USInfrastructure, Inc. West Covina, and authorize the Public Works Director/City Engineer and City Clerk to execute the consultant agreement for engineering expedited plan check services. CIP and Building Activity Report Second Ouarter Ending June 30, 2004 Recommendation is to receive and file the report. West Covina Landscape Maintenance District No. 1 Setting of 2004/2005 Assessment Rate Recommendation is to adopt the following resolution, which includes a rate increase from 9 cents to 9.75 cents per hundred dollars of assessed valuation: Resolution 2004-64 RESOLUTION NO.2004-64 — A RESOLUTION OF THE MD #1 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FDUNG THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 3 Council Minutes of 7/20/04 • • Resolution 2004-65 MD #2 Resolution 2004-66 re Advisory Commissions CONSENT CALENDAR ACTION West Covina Landscape Maintenance District No. 2 Setting of 2004/2605 Assessment Rate Recommendation is to adopt the following resolution, which proposes to increase the rate by the Consumer Price Index (CPI) from 5.5 cents to 5.61 cents per one hundred dollars assessed valuation: RESOLUTION NO.2004-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND. FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 Miscellaneous — City Attorney's Office Resolution Suspending Provisions Relating to Advisory Commissions Recommendation is to adopt the following resolution: RESOLUTION NO.2004-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SUSPENDING CERTAIN PROVISIONS OF CHAP- TER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE RELATING TO ADVISORY COMMISSIONS Motion by Herfert and seconded by Wong to waive further reading of the resolutions/ordinance and adopt, and approve all other items listed on the Consent Calendar except Items C-5b and C-5c. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None Councilmember Wong asked if setting the rates for Maintenance Districts No. I and 2 have been set by public hearing in the past. Public Works Director/City Engineer Yauchzee stated that these two maintenance districts are different than the other four, which require hearings to set the rates. Staff was asked to report back with past actions concerning MD #1 and #2. Item C-5b In relation to Item C-5b (Senior Meals Program Grant Applica- tion), Interim Community Services Director Samaniego presented a staff report. Royal Brown, West Covina resident, supported the staff recommendation. Motion by Wong and seconded by Herfert to waive further reading of Resolution No. 2004-63. Motion carried 5-0. Item C-5c In relation to Item C-5c (Award of Contract for Multi -Use Trail master Plan), Planning Director McIsaac presented a staff report. Royal Brown, West Covina resident, didn't like awarding the contract to the higher bidder. Joanne Wilner, West Covina resident, suggested that the monies from grants should be used for projects within the City parks, not for trails outside the parks. Motion re Trail Master Plan Motion by Herfert and seconded by Sanderson to approve the staff recommendation. Motion carried 4-1 with Wong voting no, explaining that.it is spending money on the bet that a grant will be forthcoming. Recess Mayor Miller called a recess at 9:35 pm. The City Council reconvened at 9:40 pm with all members present. 19 Council Minutes of 7/20/04 HEARING CODE AMENDMENT NO. 03-03 Parking of Accessory Recreational Vehicles, Utility Trailers, Motor Homes and Recreational Equipment in Single -Family Residential Zones City Clerk Berry verified the affidavit of publication and Mayor Miller opened the hearing. Planning Director McIsaac presented • the staff report and noted the number of written correspondences attached to the staff report, both favoring and opposing the code amendment. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for comments in favor of the code amendment. In Favor: Eugene Cole, West Covina resident Leonard Larks, West Covina resident William Valentine, West Covina resident Ed Clay, West Covina resident John Scheuplein, West Covina resident Carl Johnson, West Covina resident Gayle Owen, West Covina resident Lloyd Johnson, West Covina resident Art Velasquez, West Covina resident Mayor Miller asked for comments in opposition to the amendment: In Opposition: Bernie Wilner, West Covina resident Joanne Wilner, West Covina resident Ed Scheidler, West Covina resident Jerry Graham, West Covina resident Peggy Franklin, West Covina resident Sharon Mulhem, West Covina resident Mayor Miller asked for comments in rebuttal: In Rebuttal: Art Velasquez, West Covina resident Rowland Garcia, West Covina resident Testimony closed Mayor Miller closed the public testimony portion of the hearing to commence Council discussion Council Comments Councilmember Sanderson asked for a clarification of the issues at hand, as depicted in a chart submitted by Mrs. Wilner. Planning Director McIsaac responded. Ms. Sanderson wasn't so sure that the 75% restriction was the way to go, but favored having staff consider each situation on a case=by-case basis, or on a district -by - district basis. She suggested a permit process. Councilmember Herfert noted that he was not in favor of any changes from the current municipal code restrictions. Councilmember Wong was not happy about the appearance of the City Council approving regulations in 1999 and to now find out that staff has not been enforcing it because of misunderstandings in the Code. He suggested that it be done by permits by neighborhood or at least give neighborhoods the option as to how they prefer it be handled. Councilmember Hernandez agreed that the current regulations should have been enforced. He suggested staff prepare a definition . of what is a reasonable space allotment for parking RV's on the driveways — the 75% allocation doesn't make sense. Mayor Miller noted that he was not aware of the suspension of the enforcement of the current codes, and suggested that the current code be enforced, as it is current written. Motion by Miller and seconded by Herfert to direct staff to come back with a code amendment to enforce the current code restrictions and a determination as to handle utility trailers on 5 Council Minutes of 7/20/04 private property. Upon further discussion and clarification of the motion, Herfert withdrew his second. Motion by Herfert and seconded by Sanderson to receive and file the report. Discussion followed as to the ramifications of such a motion and Sanderson withdrew her second. • Motion - more info in Sept. Motion by Miller and seconded by Herfert to direct staff to report back in September with additional information, based on the Council comments made this evening. Motion carried 5-0. Mayor Miller noted that the time is 11:42 pm and asked for Council consensus on items that can be held over to another meeting. Council decided to move forward and take another check after the hearings have been held. HEARING WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT — FY 2004/2005 ANNUAL REPORT & ASSESSMENT City Clerk Berry verified the affidavit of publication and Mayor Miller opened the public hearing. Economic Development Specialist Franklin presented the staff report. CDC Director Chung and General Counsel Alvarez-Glasman responded to questions and comments regarding Council's authority over this improvement district. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had been received. Mayor Miller asked for comments from the audience and the following addressed Council: Herb Redholtz, West Covina resident Testimony closed Mayor Miller closed the public testimony portion of the hearing. Motion by Wong and seconded by Hernandez to hold over final consideration of this matter until July 27, 2004. Motion carried 4- 1 with Sanderson voting no and explained her position. CDC Called to Order Mayor Miller called to order the Community Development Commission at 11:48 pm for the purpose of conducting a joint public hearing on the following matter. JOINT PUBLIC HEARING Approval of DDA Between the City of West Covina Commun- ity 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 City Clerk Berry verified the affidavit of publication and Mayor Miller opened the joint public hearing. Project Manager Villegas presented the staff report. Staff responded to Councilmember • Wong's questions regarding "undocumented fill areas." Douglas Gray, developer, spoke of the proposed project. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and asked for comments of the project. The following addressed Council: In Favor: Herb Redholtz, West Covina resident John Scheuplein, West Covina resident Sharon Mulhem, West Covina resident M Council Minutes of 7/20/04 • 0 Douglas Gray, site developer James Regan, City's economic consultant Testimony closed Mayor Miller closed the public testimony portion of the hearing to commence Council/Agency discussion.. City Council Action City Clerk Berry presented: Resolution 2004-67 RESOLUTION NO. 2004-67 — A RESOLUTION OF THE Approving DDA CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING AND AUTHORIZING THE EXECU- TION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND WEST COVINA HEIGHTS, S.C., LLC. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Herfert and seconded by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 5-0. CDC Action Secretary Berry presented: Resolution 571- RESOLUTION NO. 574 — A RESOLUTION OF THE Approving DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND WEST COVINA HEIGHTS S.C., LLC. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Wong and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 5-0. City Council Recess Mayor Miller recessed the City Council meeting at 12:30 am to finish the CDC Agenda. The City Council reconvened at 12:32 am with all Councilmembers present. DEPARTMENTAL MATTERS City Manager's Office - City Attorney RFPs — General, CDC, and Liability & Workers' Coma Defense Service Legal Counsel Legal Services RFP Special Assistant to the City Manager Freeland presented the staff report. Special Counsel Colin Lennard elaborated further and responded to questions. Herb Redholtz, West Covina resident John Scheuplein, West Covina resident Motion by Hernandez and seconded by Miller to approve Option No. 1: Accept the recommendation of the Citizens Review Committee for Legal Services and to schedule interview with Alvarez-Glasman & Colvin and Woodruff, Spradlin & Smart. Motion carried 3-2 with Herfert and Sanderson voting no. Both Councilmember Herfert and Sanderson preferred Option No. 3 — accept the proposal of Alvarez-Glasman & Colvin and execute the appropriate agreement. Planning Department — Annexation of Nogales High School Pre -annexation of Nogales H.S. City Manager Pasmant elaborated on the staff report. Jenny Hirst, West Covina resident & Associate Principal of Nogales High School 7 Council Minutes of 7/20/04 • Pre -annexation of Nogales H.S. Resolution 2004-68 Approving FY 04/05 budget Dr. Ron Leon, Superintendent of Rowland Unified School District Royal Brown, West Covina resident Motion by Hernandez and seconded by Sanderson to take the following actions: , * Authorize staff to negotiate a pre -annexation agreement with the Rowland Unified School District as part of the annexation of Nogales High School; and * Authorize incorporation of the "grandfathering" of the swap meet at Nogales High School into the pre -annexation agreement. Motion carried 3-1-1 with Wong voting no and Hernandez abstaining. Councilmember Herfert noted that he has a problem with the swap meet issue and hoped that more information would be forthcoming before other action is required. Councilmember Wong requested information on the finances tot he City should the City annex the high school. Finance Department — 2004/2005 Bud et Adoption No elaboration of the staff report was given. City Clerk Berry presented: RESOLUTION NO.2004-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADOPTING THE CITY OF WETS COVINA OPERATING BUDGET, COMMUNITY DEVELOPMENT COMMISSION BUDGET, CAPITAL IMPROVEMENT PRO- GRAM AND LOCAL ENFORCEMENT AGENCY BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005 Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and to adopt. Motion carried 3-2 with Miller and Wong voting no. Mayor Miller stated his reasons for opposing the adoption of this budget. City Manager's Office — Establish a Sister -City Relationsbip with Sister City - Council reviewed the staff report. Kuobane, Japan Motion by Sanderson and seconded by Herfert to authorize the Mayor to sign a letter of intent to establish a sister -city relationship between the City of West Covina and the. City of Kurobane, Japan. Motion carried 5-0. City Manager's Office Designation of Voting Delegate for League of California Cities Annual Conference Council reviewed the staff report. Motion by Sanderson and seconded by Herfert to designate Councilmember Hernandez as voting delegate and Mayor Miller as the alternate for the League of California Cities Annual Conference. Motion carried 5-0. , ITEMS HELD OVER Mayor Miller stated that the following items from this evening's agenda will be consider by the City Council next Tuesday evening, July 27 at 7:06 pm in the City Hall Council Chambers: * F-2 Charter City Designation, * F-5 Placement of.Military Memorial Plaques 3 Council Minutes of 7/20/04 * F-6 Traffic on Increasing Traffic Fines * F-7 Graffiti Removal Control Update * F-8 Art in Public Places Ordinance * I-1 Coyote Control Needs ADJOURNMENT Motion by Herfert and seconded by Hernandez to adjourn the 0 meeting at 2:15 am to 7:00 pm July 27, 2004. Motion carried 5-0. Attest: City Clerk Janet Berry • Mayor Michael L. Miller G.