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01-18-2005 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 18, 2005 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:15 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers: Herfert, Hernandez, Wong Others Present: City Manager Pasmant, City Attorney Alvarez-Glasman, Fields, McIsaac, Yauchzee, Hoppe, Elliott, Bachman, Durbin, Samaniego, Chung, Anderson, Hernandez, Rush REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS • ORAL COMMUNICATIONS City Attorney Alvarez-Glasman reported the following: The items listed on the City Council closed session agenda have been held over to February 1, 2005. The Community Development Commission convened closed session at 6:05 p.m. with all members present. The issue on the agenda was announced for inclusion prior to convening in closed session. Regarding the following matter: Conference with Real Property Negotiators, 298 N. Azusa Avenue, 1900 E. Garvey Avenue South - direction was provided to craft an agreement with a vote of 3-2 (Herfert and Sanderson voting no). There was no final action taken and the matter will be brought back in open session for further consideration. No changes. Blue Star Video was aired. Congresswomen Hilda Solis presented a check for $100,000 to Fire Chief Richard Elliott for emergency preparedness supplies and equipment. Public Works Director Shannon Yauchzee presented a slide show of recent storm damage and repairs. Police Chief Wills reported on the decline of traffic collision during the storms. Fire Chief Richard Elliott provided a briefing of activities during the storm. John Scheuplein John Scheuplein, West Covina resident, questioned proper noticing of public hearing item relative to parking of accessory recreational vehicles. Council Minutes 01/18/05 Melodia Cabatbat Melodia Cabatbat, West Covina resident, commented on the maintenance of fences at Shadow Oak Park and an alleged new law. Mayor Miller directed the resident to confer with Public Works. Cookie Nance Cookie Nance, West Covina resident, addressed the Council on the • Wal-Mart project at the BKK site. Herb Redholtz Herb Redholtz, West Covina resident, addressed the budget deficit and economic development. Joanne Wilner Joanne Wilner, West Covina resident, spoke on the sale of Shakesphere Park and irrigation funding. Tyra Mason Tyra Mason, representing the West Covina Chamber, promoted the West Covina Farmers Market located at West Covina Parkway and California Avenue. Mayor Miller requested a report on the issue raised by Ms. Wilner relative to park irrigation funding and an update from the City Manager on the status of Kohl's. Regarding Kohl's, the City Manager Pasmant stated the City is waiting for a proposal from the owner of property. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS No items carried over from previous council meetings. CONSENT CALENDAR C-1 Commission Summary of Actions (receive & file) No reports presented. C-2 Claims Against the City (deny & notify claimant) a) Virginia Flores vs. City of West Covina b) Mercury Insurance vs. City of West Covina c) Casandra Wallace, Lyric London, Demytria London vs. City of West Covina Award of Bid C-3a Award of Bid for ADA Improvements at Eleven City Parks (Proiect No. PP-03203) ADA Improvements Recommendation is that the City Council accept the bid of All PP-03203 American Painting in the amount of $59,885 submitted at the bid opening on December 28, 2004, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. C-3b Award of Bid for Safety Netting at Two Parks (Proiect no. YP-056703-RI) Safety Netting Recommendation is that the City Council accept the bid of GL YP-056703-R1 Gaylor Construction, Inc. in the amount of $47,675 submitted at • the bid opening on December 28. 2004 and authorize the Public Works Director/City Clerk to execute the contract. C-3c Award of Bid for Upgrade of Communications Center 9-1-1 Equipment and Work Stations 911 Equipment & Work Stations Recommendation is for the City Council to approve the award of a contract to Verizon Communications to upgrade the City's 911 Emergency Telephone System and replace the existing work stations (furniture) as follows: K Council Minutes 01/18/05 • • 1) Upgrade existing Vesta/ComCentrex System with new servers, PC's, monitors and associated peripherals for $96,701.57. 2) Five (5) Basik 213P 120 Power Lift Work Stations and supporting file for $44,842.55. C-3d Award of Bid for Bulletproof Vests Bulletproof Vests Recommendation for City Council to: 1) Authorize the purchase of 90 XTX2-3 bulletproof vests from Aardvark Tactical, Inc., of Azusa, for $48,712.50 including tax, 2) Authorize the following appropriations (the remaining $16,865.98 will come from the West Covina Service Group's current budget): • $2,213 into 195.31.3110.6999 (recently awarded reimbursable BJA Bulletproof Vest Partnership Grant); • $25,892.40 from the fund balance of Fund 116 (State asset forfeiture) to 116.31.3110.6999; • $3,74.1.12 from the fund balance of Fund 117 (federal asset forfeiture) to 117.31.3110.6999. C-4 City Treasurer's Report (receive & file) Report for November 2004 C-5a Miscellaneous — Environmental Management May 14, 2005 Los Angeles County Household Hazardous Waste/Electronic Waste Collection Day (Roundup) in West Hazardous Waste Roundup Recommendation is that the City Council authorize staff to host the Los Angeles County Household Hazardous Waste Collection Program here in West Covina. C-5b Miscellaneous — Finance Department 2005 Investment Policy Investment Policy Recommendation is that the City Council adopt the City's Investment Policy and accompanying Investment Portfolio Guidelines. C-5c Miscellaneous — Police Department Purchase Authorization for Grant -Funded Robotic Search and Surveillance System and Wireless Cameras Grant -funded Equipment Recommendations that the City Council authorize the purchase of miscellaneous electronic search and surveillance components for $57,193.89 from the Machine Lab of Monrovia using currently appropriated homeland security grant funds. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to adopt all items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: None PUBLIC HEARINGS CODE AMENDMENT NO. 03-03 PARKING OF ACCESSORY RECREATIONAL VEHICLES, UTILITY TRAILERS, MOTOR HOMES AND RECREATIONAL EQUIPMENT IN SINGLE-FAMILY RESIDENTIAL ZONES D-1 Mayor Miller announced the public hearing. Deputy City Clerk verified that property legal notice had been given and Mayor Miller opened the hearing. Planning Director Doug McIsaac presented the staff report pertaining to a code amendment addressing the manner in which 3 Council Minutes O1/18/05 the City wishes to regulate the parking of recreational vehicles in the front of single family homes. This item was previously before Council on July 20, 2004 and at that time there was no consensus as to the most appropriate regulatory approach to adopt. Mr. McIsaac presented a slide show of a variety of motor homes and RV's throughout the City. • McIsaac stated there are two policy issues that need to be decided in order to complete the code amendment. 1) Should the City allow for the parking of RV's in the front yard, and if so, what types, and 2) What, if any, additional standards should be adopted to regulate the manner in which RV's can be parked. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and asked for comments from the public. Donald Johnston, West Covina resident supported continuing to allow motor homes and recreation vehicles in from of homes. Eugene Cole, West Covina resident supported residents continued housing of motor homes. Gail Owens, West Covina resident, West Covina resident supported keeping motor homes at home. Joanne Wilner, West Covina resident, opposed parking of motor homes in the front of homes. _ John Scheuplein, West Covina resident, opposed to the City Council determining what residents keep on their property. Testimony closed There being no others desiring to address Council, Mayor Miller closed the testimony portion of the hearing. Councilmembers shared their views on recreational vehicles parked in the front of home and the rights of homeowner and concurred on the need for maintenance standards on recreational vehicles and the need of communication with neighbors. Motion Motion by Herfert and seconded by Hernandez to uphold the code as amended in 1999 and adopt maintenance standards. After discussion regarding the code prior to the 1999 amendment, which allowed both accessory RV's and motor homes and the current code, which prohibits accessory RV's although not enforced, Councilmember Herfert clarified that his motion is to uphold the current procedure of enforcing restrictions for utility trailers and allow accessory RV's and motor homes and develop maintenance standards. Following Council discussion the motion was amended to develop an ordinance that would: 1. allow one motor homes or habitable accessory vehicle in front yard area • 2. require a permit for a second motor home or habitable accessory vehicle 3. require a permit for a non -habitable accessory vehicle (e.g. boat, seadoo, ATV) 4. require a set back of ten feet for parking of any recreational vehicle. Motion carried 4-1 with Sanderson voting no. 2 Council Minutes 01/18/05 • • Recess Mayor Miller called for a recess at 9:07 p.m. City Council reconvened at 9:25 p.m. with all members present. Mayor Miller moved forward item F-1, Bingo at the West Covina Senior Citizens Center, to accommodate a member of the audience. DEPARTMENTAL MATTERS COMMUNITY SERVICES F-1 Bingo at the West Covina Senior Citizens Center Community Service Director Samaniego presented the staff report regarding the request of the West Covina Senior Citizens Center requesting a reduction in the bingo lease payments.. Councilmember Wong proposed a reduction for a year, due to the decline in participation, and then revisit. Kathleen Miller Kathleen Miller, president of the West Covina Senior Center Inc., provided financial status of the association in support of the reduction in lease payment. Ms. Miller responded to Council questions. Motion by Hernandez and seconded by Miller to approve staff recommendation to reduce bingo lease payment for one year, including the payment due January 8, 2005, and reassess after one year. Motion carried 5-0. APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP NO. 60602 AND VARIANCE NO. 04-06 Location; 226 and 234 Monte Verde Drive Applicant/Appellant: Mimi McKenzie D-2 Mayor Miller announced the public hearing. The Deputy City Clerk verified that proper legal notice had been given and the Mayor opened the hearing. Councilmember Wong stated he received a packet of information over the weekend from the appellant and requested staff to duplicate for all councilmembers. Planning Director McIssac presented the staff report. Appellant is appealing a Planning Commission action denying a proposal to subdivide two existing lots. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and asked for comments in favor of the proposal to subdivide. In Favor Mimi McKenzie, appellant presented her proposal for the subdivision to Council. Robert Sullivan, Thompson Engineering, stated they prepared the drawing and tentative map for Ms. McKenzie and answered questions from Council. In Opposition The following spoke in opposition: John Scheuplein, West Covina resident, Joanne Wilner, West Covina resident Royall Brown, West Covina resident Rebuttal Mimi McKenzie, stated her neighbors are not in opposition to the project and rebutted the comments made by those in opposition. 5 Council Minutes 01/18/05 Testimony Closed Mayor Miller closed the public testimony portion of the hearing. McIsaac identified the subject area, Area IV, on a map and answered Councilmember Wong's question regarding the 20,000 minimum square foot requirement for lot size. • Council discussion Mayor Miller supported the decision of the Planning Commission and stated his reasons. Councilmember Wong supported the provisions of the zoning code and suggested Ms. McKenzie consider the alternative proposed at the Planning Commission meeting of combining Parcels 3 and 4 to meet the 20,000 foot minimum standard. Councilmember Hernandez stated he doesn't want to encroach on the standards of the neighborhood but supports the appeal request of Ms. McKenzie as there is also no opposition from her neighbors. Councilmember Herfert stated he supports the preservation of the large properties in the area. Mayor Pro Tern Sanderson supported the concerns of those in the neighborhood of potential reduction in the size of lots and shared her own view of the preservation of large lots. Deputy City Clerk presented: Resolution No. 2005-3 RESOLUTION NO. 2005-3 — A RESOLUTION OF THE CITY Denial of Tentative Parcel Map COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING TENTATIVE PARCEL MAP NO. 60602 ON APPEAL OF PLANNING COMMISSION ACTION. Motion by Wong and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-1 with Hernandez voting no. Deputy City clerk presented Resolution No. 2005-2 RESOLUTION NO. 2005-2 — A RESOLUTION OF THE CITY Denial of Variance COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING VARIANCE NO. 04-06 ON APPEAL OF PLANNING COMMISSION ACTION Motion by Wong and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-1 with Hernandez voting no. COMMUNITY DEVELOPMENT COMMISSION Councilmember Herfert recessed the City Council meeting at 10:45 p.m. to convene the Community Development Commission. The City Council reconvened at 10:46 p.m. MAYOR'S REPORT Councilmember Herfert requested the Mayor to combine items H-1 and I-5 due to their similarity. Mayor stated he is presenting a different set of issues and would like to keep them separate. After • discussion, consensus was to combine the issues but Councilmember Herfert and Mayor Miller would each present their issues. Mayor Miller announced that H-1 and I-5 would be combined. H-1 Mayor's Report Rescind Adoption of Resolution 2004-87 (Relating to City Council Benefits) Council Minutes 01/18/05 E • I-5 Councilmember Herfert Reconsider Adoption of Resolution 2004-87 (Relating to City Council Benefits) Rescinding benefits Mayor Miller presented his reasons for requesting to rescind the resolution and presented a chart which outlined the change in benefits that the City Council received with the adoption of resolution 2004-87. Miller also felt the Council was not up front with the public since the staff report at the time the resolution was adopted did not quantify all the benefits and changes. Councilmember Herfert stated he came to the same conclusion, not realizing the disparity between the City Manager benefits and department head benefits and would like to reconsider his vote on the issue. Herfert further explained that he thought the adoption of the resolution primarily provided a higher level of life insurance. Motion Motion by Herfert and seconded by Miller to rescind the benefits of Council that are tied to the City Manager. [Benefits adopted by resolution 2004-87] Councilmember Wong requested to make an amendment to the motion to also rescind the CDC stipend increase that was previously approved. The City Attorney stated that rescinding the CDC stipend was not on the agenda for action. Councilmember Wong withdrew the motion and called for the question. Mayor asked all in favor with Herfert, Wong and Miller responding aye. Mayor asked those opposed with Sanderson stating no. Councilmember Hernandez' vote was inaudible. Mayor Pro Tern Sanderson stated that she supported the adoption of the resolution for the increase in the life insurance and has not made any other changes to her benefits and resented the inference that the Councilmembers received an exorbitant amount of money. Sanderson requested staff to generate a report on the value of each Councilmembers' benefits before and after the adoption of the resolution. Councilmember Hernandez stated that the issue was regarding equity and fairness and the increase of benefits brought the Councilmembers' benefits to be equal with neighboring cities. Hernandez stated his willingness to reconsider and discuss. Action Councilmember Herfert asked if there was a vote on the motion. The Mayor responded the vote was 4-1 with Sanderson voting no. Hernandez stated he did not vote yes. Joanne Wilner, West Covina resident defended her previous statements and this is the first display of the value of the benefits. John Scheuplein, West Covina resident spoke on public service obligations and compensation. Council ensued in discussion regarding a cohesive council and moving forward in a positive manner. COUNCILMEMBERS' REPORTS Hold Over The following items were held over to the next regular council meeting. I-1 Councilmember Hernandez Engineering Consultant Services for Public Works Capital Improvement Program (CIP) 7 Council Minutes 01/18/05 I-2 Councilmember Hernandez Update on Downtown Master Plan I-3 Councilmember Hernandez Update on Historic Preservation Program I • I-4 Councilmember Hernandez Update on Quail Ridge Shopping Center Renovation Items to be agendized Councilmember Herfert requested the following items be agendized: 1) Outstanding obligations of Ziad Alhassen 2) Update on Clippenger Chevrolet ADJOURNMENT Motion by Sanderson and seconded Herfert by to adjourn at 11:25 p.m. in memory of retired Police Lieutenant Don Goddard. ATTEST Deputy City C1 k_Susan Rush 0 Mayor Michael Miller