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
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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.
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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.
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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.
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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.
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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
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