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10-05-2004 - Regular Meeting - Minutes0 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL October 5, 2004 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:05 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Rev. Regina Bennett, Shalom Community Church PLEDGE OF ALLEGIANCE Led by Councilmember Herfert ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers: Herfert, Hernandez, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Melsaae, Yauchzee, Hoppe, Wills, Tedesco, Elliott, Paul, Anderson, Bachman, Durbin, Samaniego, Paul, Chung, Lee, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council and Community Development Commission commenced closed session at 6:05 p.m. with all members present. All items scheduled were announced for inclusion prior to convening in closed session. City Council closed session: Public Employee Performance Evaluation and Public Employee Appointment: Both items were held over and will be discussed after the conclusion of the regular City Council meeting. Conference with Labor Negotiator Direction was provided to the City's negotiators, no final action taken and nothing further to report. CDC closed session: Conference with Real Property Negotiators 1900 E. Garvey Avenue South, West Covina Motors, Inc./Hassen Imports Partnership/Clippinger Chevrolet: CDC unanimously directed staff to prepare an Amendment regarding Schedule of Performance to present at the next meeting. 298 N. Azusa Avenue, 1900 E. Garvey Ave. So., West Covina Motors, Inc./Hassen Imports Partnership/Chrysler Jeep/Clippinger Hummer: Discussion held over until conclusion of the regular meeting. 2538 Garvey Ave. No., West Covina Lincoln Mercury Mazda: Staff was directed to prepare an Exclusive Negotiating Agreement for consideration at the next regular meeting by a vote of 5-0. Northeast quadrant of Amar Road/Azusa Avenue, Parcel L of Parcel Map 25485, Giltner Realty Advisors: Motion to reconsider this matter carried 3-2 with Miller and Wong voting no. Direction to CDC staff to prepare an ENA with Gilmer Realty Advisors for pad 700 only carried by a vote of 3-2 with Miller and Wong voting no. CHANGES TO THE AGENDA City Manager Pasmant announced two changes to the agenda: Item H-2, Proposition 68, additional information is provided and. available on the back table. Item C-5II contained a typographical error, which has been corrected. APPROVAL OF MINUTES Special meeting of September 28, 2004, approved as presented. Council Minutes 10-05-04 PRESENTATIONS Blue Star Video was aired. Mayor Miller, assisted by Environmental Management Director Steve Samaniego, presented Resolutions of Commendation to the following Waste Management/Environmental Quality Commissioners: Chris Alturas Abdul Kayuim Khan Giancarlo Massarotto Colleen Rozatti Sandra Taylor Ferdinand Chan and Roberta Santell were absent. Ace Project Video was held over. ORAL COMMUNICATIONS Cookie Nance Cookie Nance, West Covina resident, commented on the Sportsplex ground breaking, progression of economic development, crime and reiterated her views of Wal-Mart. John Scheuplein John Scheuplein, West Covina resident, also commented on the Sportsplex groundbreaking and urged completion of the project. Herb Redholtz Herb Redholtz, West Covina resident, complimented the groundbreaking ceremony and suggested unity of the Council in working towards completion of the Sportsplex project. Tyra Mason Tyra Mason, West Covina resident, thanked those who supported White Cane days and encouraged the same support for the Red Ribbon Rally on October 23 to be held at West Covina High School. CONSENT CALENDAR Commission Summary of Actions (receive & tile) Waste Management/Environmental Quality 07/15/04 Senior Citizens 09/09/04 Planning 08/24/04 & 09/14/04 Ordinance for Adoption (waive reading & adopt) Ordinance No. 2119 Code Amendment No. 04-02 Code Amend. No. 04-02 ORDINANCE NO. 2119 — AN ORDINANCE OF THE CITY Detached Garages/Lg Expansions COUNCIL OF THE CITY OF WEST COVINA. CALIFORNIA. AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO DETACHED GARAGES AND STANDARDS FOR LARGE EXPANSIONS AND MAXIMUM UNIT SIZE EXCEPTIONS (Code Amendment No. 04-02 Zone Change No. 04-02 Applicant: Delgado Developers Ordinance No. 2120 Location: 2003-2007 E. Garvey Avenue North Zone Change No. 04-02 ORDINANCE NO. 2120 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-02 (2003-2007 E. Garvey Avenue North) Award of Bid isCurb and Gutter Repair and Construction of Wheelchair Ramps (Project No. SP-05103) Curb & Gutter Repairs It is recommended that the City Council take the following actions: SP-05103 1) transfer $25,000 in construction Tax funds from Acet. No. 161.81.8338.7200, $44,776 in community Development Block Grant funds from Acct. No. 131.81.8430.7200 and $50,000 in Community. Development Block Grant funds from Acct. No. 131.81.8525.7200 to Acct. Nos. 161.81.8521.7200 and 2 Council Minutes 10-05-04 • Lot Line Adj. 163 & 164 Resolutions 2004-78 131.81.8521.7200, and 2) accept the bid of FS Construction in the amount of $164,999.65 as submitted at the bid opening on September 21, 2004 and authorize the Public Works Director and City Clerk to execute the contract. Approval of Final Maps Lot Line Adjustment Nos. 163 and 164 Location: Southeast Corner of Wednesday Drive and Giano Drive Applicants: City of West Covina and Shadow Oaks Villas III Homeowners Association It is recommended that the City Council authorize the Mayor and City Clerk to execute the lot line adjustment and adopt the following resolutions: RESOLUTION NO. 2004-78-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 163 OF LOTS 123, 124, 127, AND 128 OF TRACT NO. 31619 AND DIRECTING THE RECORDATION THEREOF (CITY OF WEST COVINA AND SHADOW OAKS VILLAS III HOMEOWNERS ASSOCIATION) Resolution No. 2004-79 RESOLUTION NO. 2004-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 164 OF LOTS 130 AND 131 OF TRACT NO. 31619 AND DIRECTING THE RECORDATION THEREOF (City of West Covina and Shadow Oaks Villas III Homeowners Association) Traffic Committee Minutes (accept & file) Minutes from the regular meeting of September 21, 2004 City Treasurer's Report (receive & file) Report for August 2004 Miscellaneous — Police Department 2004 G.R.E.A.T.Grant 2004 GREAT Grant Recommendation is to accept the 2004 G.R.E.A.T. anti -gang education grant, and appropriate the $42,750 reimbursable award amount as follows: $18,000 in 141.31.3110.5113 (overtime for instructors) $2,000 in 141.31.3110.5112 (part-time assistants) $3,000 in 141.31.3110.6050 (training, including mandatory G.R.E.A.T.conference) $7,000 in 141.31.3110.6220 (student and curriculum supplies and services) $12,750 in 141.31.3110.6270 (CEC facility costs and services) Miscellaneous — Planning Department Waiver of Protest Hearing for Annexation of Nogales High School Surplus Property Waiver of protest hearing Recommendation is to authorize the submittal of a letter to the Los Angeles County Local Agency Commission (LAFCO) consenting to the waiver of a protest hearing for the annexation of approximately 2.6 acres of vacant land adjacent to the campus of Nogales High School. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and resolutions and adopt; and approve all items listed on the Consent Calendar. 3 Council Minutes 10-05-04 l Councilmember Wong stated lie would cast a separate vote of no on item C-2a (Code Amendment 04-02 — Detached Garages and Maximum Floor Area Standards for Single -Family Homes). Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller • NOES: Wong on Item C-2a only ABSTAIN: None PUBLIC HEARING PUBLIC HEARING New Fees Related to Providina Ambulance Services Ambulance Service Proof of publication was verified by Deputy City Clerk Rush. Mayor Miller opened the hearing and Fire Chief Elliott presented the staff report. Staff requested Council to adopt the fee schedule, substitute the $60 per incident night fee for residents with a $175 non-resident fee and add a 20% administrative fee for supplies and medications. Councilmember Wong commented on cost recovery. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for public comments in favor. Catherine Castucci Catherine Castucci, West Covina resident was pleased with proposal.to eliminate the night fee of $60 and urged Council to accept the alternative proposed in the staff report. John Scheuplein John Scheuplein, West Covina, complimented the Chiefs report and supported the alternative proposals. Corey Warshaw Corey Warshaw, West Covina supported no day/night differential in fees charged due to Firefighters working a continuous 24 hours. Public Testimony Closed Mayor Miller closed the public testimony portion as there were no additional speakers and no one in opposition. Council Discussion Councilmember Wong commented on cost recovery and the recovery of sales tax. Wong requested that the sales tax be reflective. ..in the actual cost recovered, not included as administrative fee and the administrative fee be adjusted accordingly. Deputy City Clerk Rush presented Resolution No. 2004-80 RESOLUTION NO. 2004-80 — A RESOLUTION OF THE CITY Fees related to Ambulance Svcs. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA. ESTABLISHING NEW FEES RELATED TO PROVIDING AMBULANCE SERVICE Motion by Hernandez and seconded by Herfert to waive further reading of the resolution and adopt with an amendment to the fee schedule which will include sales tax in the actual cost and reflect the administrative fee to be 12%. Motion carried 5-0. PUBLIC HEARING Code Amendment No. 04-03 Sale of Alcohol for Off -Site Consumption Code Amendment 04-03 Deputy City Clerk Rush verified proof' of publication. Mayor Miller opened the hearing and Planning Director Mclsaac presented the staff report. Mclsaac responded to questions regarding the current code on expansion of off -sale alcohol businesses. Public Testimony Mayor Miller opened the public testimony portion of the hearing and asked for public comments in favor. 11 Council Minutes 10-05-04 • is John Scheuplein John Scheuplein supported the Planning Commissions recommendation. Public Testimony Closed As there were no others wishing to address Council or in opposition, Mayor Miller closed the public testimony portion. Council Discussion Councilmember Wong supports the requirement only in areas of "undue concentration" rather than citywide and supported the Planning Commission recommendation of Administrative Use Permit. Deputy City Clerk Rush presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 017 WEST COVINA, CALIFORNIA. AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION Motion by Wong and seconded by Hernandez to waive further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Hernandez, Sanderson, Wong, Miller NOES: Herfert ABSTAIN: None COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 8:15 pm to convene the CDC. The City Council reconvened at 8:31 p.m. with all members present. DEPARTMENTAL MATTERS FINANCE DEPARTMENT Budget Process Follow-up Potential Sale of Unimproved Land at Shadow Oak Park Unimproved Land at Shadow Oak Finance Director Bachman presented the staff report. In response to a question from Councilmember Flerfert, City Attorney Alvarez- Glasman stated that there are a series of steps required in order for land restricted for parkland to become available for development. Joanne Wilner Joanne Wilner, West Covina resident made comments regarding the property, deed description and its development and opposed to the sale of the land. John Scheuplein John Scheuplein, West Covina resident, supported the development and need for affordable housing. Bernie Wilner Bernie Wilner, West Covina resident, commented on affordable housing, high -density housing and potential traffic. Corey Warshaw Corey Warshaw, West Covina resident supported the land remaining as parkland. Original motion Motion by Herfert and seconded by Sanderson directing staff to bring back a plan considering the sale of the property. Substitute motion Hernandez offered a substitute motion directing staff to bring back options regarding 1) the potential of sale of the property, 2) CDBG fund ing.towards an aquatics center, and 3) costs associated with park development. Substitute motion seconded by Herfert. Council concurs to involve area residents once options are brought back. Motion carried 5-0. 5 Council Minutes 10-05-04 ,7 2003-04 and 2004-05 Fiscal Years Budget Update Budget Up -date Finance Director Bachman presented staff report responding to questions of Council. Motion by Hernandez and seconded by Herfert to receive and file the update as presented. Motion carried 5-0. PLANNING DEPARTMENT Award of Contract for Downtown Specific Plan Downtown Specific Plan Councilmember Wong announced he would abstain from this issue due to conflict of interest (sale of family property within the past year in the area). Wong stepped away from the diasis. Staff report was presented by Planning Director Mclsaac. John Scheuplein John Scheuplein, West Covina resident supported a mix of commercial development and housing and encourages Joanne Wilner Joanne Wilner, West Covina resident commented on bike friendly areas in development areas. Motion Motion by Sanderson and seconded by Hernandez to execute a contract with the urban design firm of Studio Oneleven in an amount not to exceed $236,830 for the preparation of a "Downtown Specific Plan" for the planning and redevelopment of The Lakes/Glendora Avenue area of the City, and appropriate $236,830 from the unallocated Merged Project Area Capital Project Fund balance to 876.22.2220.6117 Merged Project Area - Redevelopment Project Development Project Development. Mayor Miller stated his concerns and 'desires of whether stakeholders, existing property owners and business, had been involved in the development of the area. Mclsaac, along with the consultant, responded to questions regarding the inclusion of property owners and businesses. Hernandez discussed and supported the revitalization of the downtown area. Councilmember Herfert left at 9:40 p.m. and returned at 9:45 p.m. Action on motion Motion carried by a vote of 4-0-1 with Wong abstaining. Annexation Feasibilitv Studv — Planning Director Mclsaac presented the staff report and responded to questions from Council regarding the fiscal impact and the process of annexing unincorporated areas around the City. Joanne Wilner Joanne Wilner, West Covina resident viewed annexation as a negative and doesn't support. Royall Brown Royall Brown, West Covina resident suggested the subdivision of specific adjacent areas. Motion .by Hernandez and seconded by Sanderson to approve staffs recommendations: 1) to solicit bids for the preparation of an annexation feasibility study, and 2) undertake further preliminary analysis of potential annexation areas, with the following modifications: exempt areas 10, 9, 7, 8 from the study and look at areas east ol'Nogales. 6 Council Minutes 10-05-04 Substitute motion Wong proposed to have staff do the preliminary analysis of potential annexation areas with crime statistic`input from the police department, and then solicit bids for the preparation of an annexation feasibility study of specific areas if there was consideration to move forward. Motion by Hernandez and seconded by Sanderson to accept Wong's proposal as a substitute motion. Motion carried 5-0. MAYOR'S REPORTS League of California Cities Annual Conference Motion by Hernandez and seconded by Wong to receive and file Mayor Miller's report which highlighted items from the League of California Annual Conference which he attended. Motion carried 5-0. Proposition 68 — Non -Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute. Proposition 68 City Manager Pasmant announced that additional information had been distributed and staff will be making clarification and/or changes to the recommendation. Special Assistant to the City Manager, Chris Freeland presented the staff report adding that staff was provided additional information from the California Legislative Analysts Office that does provide a fiscal impact to the City. According to the analysis provided the City could receive $3 million. Staff therefore withdraws its recommendation on the staff report opposing Proposition 68 and recommends Council to give direction. Motion by Wong and seconded by Hernandez to hold this item over and bring back to Council with Proposition 70, which is a related item. Councilmember Herfert states he prefers to not take a position on items that are on the ballot for the public's vote. Royall Brown Royall Brown, West Covina resident stated it is not Council responsibility to set the State's policy. John Scheuplein John Scheuplein, West Covina resident stated his views on Proposition 68. Wong modifies his original motion to also include bring back Proposition IA along with Proposition 68 and 70. Motion carried 4-1 with Sanderson voting no. COUNCILMEMBERS' REPORTS Councilmember Herfert requests that the West Covina Sportsplex Public Relation Plan be brought back at a future meeting. ADJOURNMENT Meeting adjourned at 10:27 in memory of John Ford, father of Public Works employee Barbara Briley. City Council and CDC will reconvene in the City Manager's conference room to consider Public Employee Performance • Evaluation and Conference with Real Property Negotiators for property located at 298 N. Azusa, both items not previously considered from tonight's earlier closed session. ATTE is Mayor Michael L. Miller Deputy City Clerk Susan Rush 7