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10-19-2004 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL October 19, 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 City Manager Andrew Pasmant PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers: Herfert, Hernandez, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee, Hoppe, Wills, Tedesco, Elliott, Paul, Anderson, Bachman, Durbin, Samaniego, Paul, Chung, Lee, Rudroff, Smilowitz, Yuasa, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council and Community Development Commission commenced the special meeting at 6:15. All items scheduled were announced for inclusion prior to convening into closed session. The three items listed on the Community Development Commission agenda were not discussed during closed session but will be held over until after the regular City Council meeting. Regarding items on the City Council agenda: Conference with Legal Counsel — Anticipated Litigation - Discussion was held with special legal counsel, no final action was taken and there was nothing further to report. Conference with Labor Negotiators — Discussion held with City's negotiators, no final action was taken and there was nothing further to report. Public Employee Appointment — City Attorney — City Attorney was not present for the discussions so City Manager Pasmant reported that Council provided direction to put together a contract with the fine of Alvarez-Glasman & Colvin. Public Employee Performance Evaluation — City Manager — This item was not discussed and held over for discussion after the regular City Council meeting. CHANGES TO THE AGENDA City Attorney stated there is immediate need for one item to be added to the closed session agenda, Nuefer vs. City of West Covina. The addition of an item will require a motion and 2/3 vote of the Council. Motion by Herfert and seconded by Hernandez to add to closed session the issue of Nuefer vs. City of West Covina. Motion carried 5-0. • PRESENTATIONS Blue Star Video was aired. Mayor Miller, assisted by Environmental Management Director Steve Samaniego, presented a Resolution of Commendation to outgoing Senior Citizens Commissioner Harold Samecki. Outgoing Senior Commissioner Shirley Markowitz was unable to attend. Council Minutes 10-19-04 • • Mayor Miller presented Certificates of Recognition to the following school principals on their school being named a California Distinguished School. - Cheryl DeNoi, Merlinda Elementary - Dr. Denise Patton, San Jose -Edison Academy - Debby Hodgson, Mesa Elementary School - Miriam Kim, Hollingworth Elementary Mayor Miller presented Certificates of Recognition to the following principals on their schools being named a Title 1 Academic Achievement School. - Marjorie Miller, Merced Elementary School - Cheryl DeNoi, Merlinda Elementary School - Kathleen Granger, Orangewood Elementary School - Mr. David Boege, Wescove Elementary - Miriam Kim, Hollingworth Elementary Mayor Miller presented Dr. David Alfaro of West Covina Rotary and Luis Chacon of Sunrise Rotary a proclamation proclaiming October 23-29, 2004 as Red Ribbon Week. ORAL COMMUNICATIONS John Scheuplein John Scheuplein, West Covina resident, encouraged continued success of the schools that received recognition, complimented the City Attorney, thanked the city employees for their continued hard work and supported the development of affordable housing. Marilee Marrero Marilee Marrero, West Covina Librarian, announced programs at the West Covina Library and invited participation. Tyra Mason Tyra Mason, representing the Chamber of Commerce, encouraged support and invited the viewers to attend the West Covina Farmers Market and Street Festival. CONSENT CALENDAR Commission Summary of Actions (receive & file) a. Community Services 09/14/04 b. Joint Community Services/Planning 09/15/04 c. Planning 09/28/04 Ordinance for Adoption (waive reading & adopt) Ordinance No. 2121 Sale of Alcohol for Off -Site Consumption Sale of Alcohol ORDINANCE NO. 2121 — AN ORDINANCE OF THE CITY Off -Site Consumption COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION (CODE AMENDMENT NO. 04-03) Claims Against the City of West Covina (deny & notify claimant) Denial of Claims Cynthia Huffrnan vs. City of West Covina Wlodzimierz Janczak vs. City of West Covina Julian Ramirez vs. City of West Covina Award of Bid Rejection of Bids for Safety Netting at Two Parks (Project No. YP-05603) Rejection of Safety Netting Bids It is recommended that the City Council reject all bids submitted YP-05603 at the bid opening on September 21, 2004, and authorize the Public Works Director/City Engineer and City Clerk to re -bid this project. 2 Council Minutes 10-19-04 E • Miscellaneous — Public Works Department Adoption of the Disadvantaged Business Enterprise Program In Order to Receive Federal Funds for Street Improvements Resolution 2004-81 Recommendation to adopt the following resolution: DBE Program RESOLUTION NO. 2004-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND DIRECTING ITS IMPLEMENTATION Formation of Mello -Roos Community Facilities District for BKK Site Mello -Roos CFD at BKK Recommendation to consider the local goals and polices for implementing the Mello -Roos Act and adopt the following resolutions: Resolution No. 2004-82 RESOLUTION NO. 2004-82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING LOCAL GOALS AND POLICIES CONCERNING DISTRICTS FORMED PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Resolution No. 2004-83 RESOLUTION NO. 2004-83- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENT TO ESTABLISH THE COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITIES DISTRICT Miscellaneous — Environmental Management Authorization to Submit Application for Assembly Bill 939 (AB939) Reuse Assistance Grant and Adoption of Resolution Approving participation in the AB 939 Reuse Assistance Grant Program for FY 2004/2005 AB 939 Reuse Assistance Grant Recommendation is to authorize the following: Resolution 2004-84 1) The submittal of an application for the AB 939 Reuse Assistance Grant in the amount of $15,000; 2) The expenditure of a maximum of $30,000 from the restricted Integrated Waste Management Fund # 129.52.5220, and 3) Adopt the following resolution: RESOLUTION NO. 2004-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PARTICIPATION IN THE AB 939 REUSE ASSISTANCE GRANT PROGRAM FOR FY-2004/2005. CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Herfert to waive further reading of the ordinance and resolutions and adopt; and approve all items listed on the Consent Calendar except C-lb, Joint Community Services/Planning Commission Summary of Actions dated 9/14/04 and C-5b, Formation of Mello -Roos Community Facilities District for BKK Site. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: None C-1 b Joint Community Services/Planning Commission Summary of Actions dated 9/14/04. Joanne Wilner Joanne Wilner, West Covina resident, clarified personal quotes recorded at the joint meeting. ki Council Minutes 10-19-04 • Motion by Wong and seconded by Hernandez to receive and file the joint Community Services/Planning Commission Summary of Actions. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None Councilmember Hernandez left the dais at 8:22 p.m. C-5b Formation of Mello -Roos Community Facilities District for BKK Site. Deputy City Attorney Matt Gorman responded to questions regarding the proposed tax rate per acre within the Community Facilities District. Mr. Gorman explained the proposed rate is a high -end estimate and once the final operational costs are determined, the tax rate can be decreased down. Mr. Gorman further explained that this request is a preliminary motion to start the process to form a Mello -Roos district. Discussion continued with staff answering questions regarding the tax and annual maintenance costs, notification to property owners and parties involved. Councilmember Hernandez returned at 8:32 p.m. Motion Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and to adopt resolution numbers 2004-82 and 2004-83. Councilmember Wong stated he would not be able to support the motion because if the City is going to impose a tax, we should have a better estimate of the proposed tax. Mayor Miller requested assurance that Eclispe will be notified of proposed tax, whether the City will have any exemptions, and what implications will be, if any, to operators and future land owners at the site. Action on motion Motion carried 4-1 with Councilmember Wong voting no. DEPARTMENTAL MATTERS PUBLIC WORKS South Azusa Avenue Capacity Enhancement Study (Project No. SP-01125) Azusa Avenue Study Staff report was presented by Public Works Director Yauchzee. Bill Devorak of Kimley-Horn presented a short power point presentation describing the study background, roadway history, current and future conditions and the overall project. Mr. Devorak and staff responded to questions and comments of Council regarding intersection improvements and segment improvements. Councilmember Herfert stated his concern of the Study's recommendation of widening Azusa and the increased traffic congestion and requested whether the intersection improvements could take place and not the segment improvements, which Devorak confirmed could be done. Mr. Devorak responded to Mayor Pro Tem Sanderson question whether other cities have been contacted regarding transit alternatives. Yauchzee added that one of the recommendations is to pursue grant funding for a Corridor Study. Further Council discussion ensued with Yauchzee and Mr. Devorak answering questions. El Council Minutes 10-19-04 Cathy J. Bradley Cathy J. Bradley, West Covina resident, strongly opposed to the widening of Azusa Ave. and the added congestion. Claudia Orantes Claudia Orantes, West Covina resident, opposed to the widening and added congestion on Azusa. • F.W. Watkins F.W. Watkins, West Covina resident, also opposed the widening of Azusa seeing no benefit. Joanne Wilner Joanne Wilner, West Covina resident, supported intersection improvements but opposed widening. John Scheuplein John Scheupein, West Covina resident, suggested advance notification to the public of items on the consent calendar portion of the agenda and commented on traffic mitigation. Jim Matsuoka Jim Matsuoka, West Covina resident, opposed to the widening, and stated widening will increase speed of cars traveling on Azusa. Councilmembers concurred with the need for intersection improvements but not the widening of Azusa Avenue. Councilmember Hernandez supported improvements to the timing of traffic lights. Councilmember Miller encourageed his fellow Councilmembers to approve intersection improvements and direction to staff to seek grant funding for a Corridor Study. Councilmember Wong concured. Deputy City Clerk presented Resolution No. 2004-85 RESOLTUION NO. 2004-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND CERTIFTYING THE STATE ENVIRONMENTAL DOCUMENT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. Council discussed change of language to delete any reference of widening in the resolution and to pursue grant funding for a Corridor Study to explore alternatives in place of widening. Motion Motion by Hernandez and seconded by Herfert to waive further reading of the resolution and approve the following staff recommendations: 1. Approve Resolution No. 2004-85. 2. Direct staff to pursue grant funding for the intersection improvements only, including at -grade improvements as Azusa Avenue and Amar Road, and not to pursue the street widening. 3. Pursue grant funding for a Corridor Study to explore alternatives in place of widening. Motion carried 5-0. Recess Mayor Miller recessed the meeting at 9:40 p.m. The City Council meeting reconvened at 9:50 p.m. with all members present. FIRE DEPARTMENT Council Approval of the City of West Covina Hazard Mitigation Plan Fire Captain Jim Rudroff presented the staff report and responded to questions from Council. F Council Minutes 10-19-04 0 • Deputy City Clerk presented Resolution 2004-86 RESOLTUION NO. 2004-86 — A RESOLUTION OF THE CITY Hazard Mitigation Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ADOPT THE CITY OF WEST COVINA HAZARD MITIGATION PLAN. Motion by Herfert and seconded by Wong to waive further reading of the resolution and adopt. Motion carried 5-0. PLANNING DEPARTMENT Request for Waiver of Fees Associated with Temporary Use Permit for Abundant Living Word International Event Planning Director McIsaac presented staff report. Doaquin Mosley Doaquin Mosley, Abundant Living Word International, requested a partial waiver of fees if Council could not waive all fees. Joanne Wilner Joanne Wilner, West Covina resident, felt it was inappropriate to waive fees for an organization of religious nature. Waiver of fees Motion by Hernandez and seconded by Wong to approve staff Abundant Living Word Int'I recommendation that the City Council deny the request of Abundant Living Work International to waive all permit fess associated with the issuance of a temporary use permit (TUP) for their Harvest Festival on October 31, 2004. Motion carried 5-0. HUMAN RESOURCES DEPARTMENT Citv Council Benefit Adiustments City Manager Pasmant presented the staff report with which staff is seeking policy direction. Staff responded to questions from Council regarding the 12-city labor market review. John Scheuplein John Scheuplein, West Covina resident, stated that Council should consider an annual cost of living increase. Joanne Wilner Joanne Wilner, West Covina resident, opposed the proposed benefit adjustments. Councilmember Herfert felt the issue is who the Council benefits are tied to and supported Councilmembers being tied to the City Manager. Mayor Pro Tern Sanderson concurred with Councilmember Herfert's reasons. Councilmember Wong stated he couldn't support the proposed adjustments given the current budget situation. Mayor Miller also stated he would not support the adjustments, that he doesn't need them. Deputy City Clerk presented: Resolution 2004-87 RESOLUTION NO. 2004-87 — A RESOLUTION OF THE CITY Council Benefits Adjustments COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2002-24 AND 2003-96 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS AND COMPENSATION FOR CITY COUNCIL Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt. Motion carried 3-2 with Councilmember Wong and Mayor Miller voting no. FINANCE DEPARTMENT Deferred Compensation Proposal Finance Director Bachman presented the staff report. ' Staff answered questions from Council regarding employees' 3 Council Minutes 10-19-04 • • opportunities to review the various plans and vendors available to them for deferred compensation. Motion Motion by Wong and seconded by Miller to receive and file. Motion failed 2-3 with Councilmembers Herfert, Hernandez, and Sanderson voting no. Second motion Councilmember Herfert offered a second motion to pursue exploring the benefits of a single provider as administer of the City's deferred compensation plan. Councilmember Wong requested to amend the motion by adding that staff poll the employees as to whether they would like council to select a single provider for them and to receive employee input. Amended motion seconded by Miller. Motion carried 5-0. COMMUNITY SERVICES Proposed Special Events for FY 2004-2005 Proposed special events No staff report presented. Motion by Herfert and seconded by Hernandez to approve staff recommendation of approving the proposed Special Events, as identified on attachment A of the staff report, and fund by the $11,800 discretionary funds in account no. 5150-6188 for fiscal year 2004-2005. In response to questions from Council, staff clarified that funding for the special events were approved in 2004-05 FY budget, but a list of proposed programs were being brought back for approval by Council. Joanne Wilner Joanne Wilner, West Covina resident, commented of costs and funding levels of the proposed events. Councilmember Hernandez calls for the question. Motion to approve staff's recommendation carried 5-0. CITY CLERK'S OFFICE 2005 General Municipal Election 2005 Election City Manager Pasmant presented the report requesting policy direction from Council. Pasmant stated that with the resignation of City Clerk Janet Berry, staff would need consultant assistance for the upcoming general municipal election in March. Options of moving the election date were also provided in the staff report. Staff responded to questions regarding consultant costs. Council discussion commenced regarding options to fill the unexpired term of the elected City Clerk portion of Ms. Berry's position. Council requested options to be brought back for consideration at the next Council meeting. John Scheuplein John Scheuplein, West Covina resident commented on the need of an experienced City Clerk and role. Councilmember Wong expressed his opinion on filling the staff position in time for the March election, eliminating the need to change the election date. Motion by Herfert and seconded by Hernandez to move the general municipal election to November. (Alternate 3) Councilmember Hernandez shared his views for supporting the motion. Councilmember Wong reiterated his opinion of being able to hire qualified staff and not need to move the election. 7 Council Minutes 10-19-04 Mayor Miller restated the motion. Motion carried 3-2 with Wong and Miller Wong voting no. Deputy City Clerk presented the following ordinance for introduction: • Ordinance introduction to AN ORDINANCE OF THE CITY COUNCIL OF THE Move election date CITY OF WEST COVINA, CALIFORNIA, MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF THE ODD -NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF THE ODD -NUMBER YEARS Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 3-2 with Wong and Miller voting no. MAYOR'S REPORTS Appointment of City Council Representative to San Gabriel Valley Mosquito & Vector Control District Board of Trustees Mayor Miller requested Councilmembers to let him know if they wish to serve on the board before November 2, 2004, at which time he will make an appointment. Councilmember Herfert left the meeting at 10:10 p.m. Proposition 68 Proposition 68— Non -Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute. Council reviewed the staff report. Joshua Pelzer Joshua Pelzer, representing "No on 68" campaign, distributed material on the proposition and presented views in opposition to Proposition 68. John Scheuplein John Scheuplein, West Covina resident, presented views in support of Proposition 68. Mayor Pro Tern Sanderson stated her opinion that state propositions are out of the scope of councilmembers and encouraged people to vote. Deputy City Clerk presented the following resolution: Resolution No. 2004-88 RESOLUTION NO. 2004-88 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITIN 68 — NON -TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMIN COMPACT AMENDMENTS. REVENUE, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMEND AND STATUTE Motion by Wong and seconded by Miller to waiver further reading of the resolution to oppose Proposition 68 and adopt. Motion carried 3-1 with Sanderson voting no and Herfert absent. • City Council Liaison Meeting Highlights Liaison Meetings Mayor Miller presented highlights of the report, specifically the San Gabriel Valley COG Transportation Committee meeting. The report was received and filed. 9 Council Minutes 10-19-04 Ll COUNCILMEMBERS' REPORTS Councilmember Wong Proposition I — Protection of Local Government Revenues Proposition IA Councilmember Wong presented his position in support of Proposition IA. Deputy City Clerk presented the following resolution: Resolution No. 2004-89 RESOLUTION NO. 2004-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORITNG PROPOSITION IA — PROTECTION OF LOCAL GOVERNMENT REVENUES Motion by Wong and seconded by Herfert to waive further reading of the resolution and adopt. Motion carved 3-1 with Sanderson voting no. and Herfert absent. Councilmember Wong Proposition 70 — Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State. Initiative Constitutional Amendment and Statute. Proposition 70 Councilmember Wong presented background of proposition and his position in opposition Deputy City Clerk presented the following resolution: Resolution No. 2004-90 RESOLUTION NO. 90 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 70 — TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Motion by Wong and seconded by Miller to waiver further reading of the resolution to oppose Proposition 70 and adopt. Motion carried 3-1 with Sanderson voting no and Herfert absent. Councilmember Hernandez Update on the Quail Ridge Shopping Center (3620-3670 S. Nogales Street) Redevelopment Director Chris Chung presented the staff report. Councilmember Hernandez stated for the public's benefit that the developer has been given a number of extensions and expressed his opinion to let the permits for development to expire to allow for the interest of another developer. Planning Director McIsaac stated that the current developer has applied for a 3-month extension to the permits, which will go before the Planning Commission. Mayor Miller suggested another update for the November 16 Council meeting. Herb Redholtz Herb Redholtz, continuing with progressing. West Covina resident voiced his opposition to the current developer, as the project is not Motion by Hernandez and seconded by Sanderson to receive and file the report. Motion carried 4-0. ADJOURNMENT Mayor Miller announced that the City Council will recess at 11:35 p.m. and would reconvene in the City Manager's Conference Room to consider closed session items not finished earlier in the evening. City Attorney Alvarez-Glasman announced the items that would be considered in closed session, Public Employee Performance Evaluation of City Manager and one item added at the beginning of the regular meeting, Existing Litigation, Nuefer vs. City of West Covina. 3] Council Minutes 10-19-04 • ATTEST: . ZLY, Deputy City Cl k Susan Rush • Mayor Michael . Miller 10