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07-05-2005 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL July 5, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:20 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Pasmant PLEDGE OF ALLEGIANCE Led by Councilmember Herfert ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong, Councilmember Herfert, Councilmember Hernandez, Councilmember Miller Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Samaniego, Paul, Yauchzee, McIsaac, Bachman, Chung, Lee, Ixco, Anderson, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The special meeting commenced at 6:10 p.m. Prior to recessing into closed session, all items on the City Council and Community Development agendas were announced for inclusion in the closed session discussion. Conference with Labor Negotiators — West Covina Police Officers Association, West Covina Police Management Association and West Covina Firefighters' Association, I.A.FA., Local 3226: Council received a briefing from Labor Negotiators, direction was provided, no final action taken and nothing further to report. Conference with Real Property Negotiators: 1444 West Garvey Avenue South - Council received a briefing from legal counsel, direction was provided to prepare necessary document to extend the existing ENA. Will be brought back for consideration in open session. Conference with Legal Counsel — Anticipated Litigation - One matter — Council received a briefing on one case regarding the Boys and Girls Club. Item will be considered in open session. Items on the CDC Agenda: Conference with legal counsel — Anticipated Litigation — Two potential cases — Council received a briefing and no final action was taken. Items will be on open agenda for discussion this evening. Conference with Real Property Negotiators — 1700 West Covina Parkway - Council received a briefing from property negotiators. Direction provided to prepare necessary documents for an extension of the ENA and this item will be on open agenda for discussion at the next meeting. CHANGES TO THE AGENDA City Manager Pasmant announced the following changes: Item F-1 Addendum to Park Funding added. Item C-2 Addendum to Graffiti Contract item — Additional • footnote added. APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of December 21, 2004 PRESENTATIONS Blue Star Video was aired. Council minutes of July 5, 2005 • • Mayor. Sanderson called forward Frank Scalfaro, President of the West Covina Rose Float Foundation and Larry Crain, Owner of Charisma Floats, who unveiled the 2006 West Covina Rose Float rendering entitled "Midnight Magic." Mayor Sanderson presented Steve Samaniego, Interim Community Services Director with a proclamation designating the Month of July as Parks and Recreation Month in the City of West Covina. A short slide presentation was aired highlighting the various events and programs that the Community Services Department conducts throughout the year. Mayor Sanderson called forward City Manager Pasmant and Assistant City Clerk Sue Rush to announce her appointment as Assistant City Clerk. ORAL COMMUNICATIONS Ferdy Chan Ferdy Chan, West Covina resident, suggested the City look into starting a database correlating burglary locations and the construction site locations. John Scheuplein John Scheuplein, West Covina resident, spoke about veterans' preference to applicants, oral communications time limits, and CDC stipends issues. George Ogden George Ogden, West Covina resident, announced services for Lillian Keil, a member of VFW Post 8620 and the American Legion Post 790, both in West Covina, who recently passed away. Frank Williams Frank Williams, West Covina resident, addressed several city issues. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Site Monthly Status Report Special Counsel Colin Leonard presented an update and highlighted changes since his last presentation regarding BKK focusing on 1) compliance with the DTSC order and 2) Proposition 65 Warning notices. The following West Covina residents addressed Council regarding BKK issues: Ferdy Chan, Royall Brown and John Scheuplein. Special Counsel Leonard responded to questions. Motion Motion by Herfert and seconded by Hernandez to receive and file the report. Motion carried 5 — 0. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Councilmember Herfert Ziad Alhassen Memo C-1 Finance Director Bachman presented the staff report pertaining to a memo to the City Manager regarding recent negotiations with Ziad Alhassen. Councilmember Herfert inquired as to the attendance of Councilmember Miller at the meeting with Mr. Alhassen. Councilmember Miller stated the meeting was arranged by Mr. Alhassen who invited him to attend. 2 Council minutes of July 5, 2005 Motion Motion by Herfert seconded by Miller to receive and file this report. Motion carried 5 — 0. Councilmember Hernandez Graffiti Contract Reconsideration C-2 Environmental Management Director Steve Samaniego presented • the staff report pertaining to the Graffiti Removal Contract. Samaniego responded to questions from Council regarding time left on the current contract. Councilmember Wong suggested that the hotline number for graffiti removal be a City number accessible by the contractor to ensure thorough monitoring of complaints. Royall Brown, West Covina resident, commented on graffiti in the parks and voiced his support of the current contractor. John Scheuplein, West Covina resident, commented on the repeated times this item has been before Council and challenged Urban Graffiti to color matching walls where graffiti has been. Herb Redholtz, West Covina resident, commented on the increased graffiti and the need to prosecute. Frank Williams, West Covina resident, commented on the need for graffiti removal supporting a change in contractors. Mayor Sanderson, with the consensus of Council, requested the City Attorney to report out from the closed session discussion certain information to help the public understand why the issue is back before council for consideration of whether to provide a notice of termination. City Attorney Alvarez-Glasman reported the following: * The State of California Contractors Licensing Board indicated the Boys and Girls Club would need a contractors license to conduct business. * The Investigative Fraud Department is unaware of any penalties issued to cities, this is the first the contact person had come across such a case. * The license processing period would take anywhere between 3.5 to 7 months. * Staff is concerned and uncertain of future actions of the State Contractors Board if the City continues with the Boys and Girls Club. Councilmember Miller provided comments in support of the Boys and Girls Club but recognized the legal issues of their not having a license. Police Chief Wills gave a brief overview of the graffiti task force and their efforts in apprehending and prosecuting taggers. Maria Gutierrez, Urban Graffiti, spoke on the intentions of their • company in providing a service to the City. Motion Motion was made by Hernandez to notify the Boys and Girls Club that their contract is null and void and replace with the next lowest responsible bidder at the last bidding process. Amendments Wong seconded the motion and offered the following for possible amendment: 3 Council minutes of July 5, 2005 • • * Provide compensation to the Boys and Girls Club for their transferring information received on their hotline in a timely fashion; * Track incidents reported by staff, possibly providing incentives; * Track how quickly Code Enforcement is following up with notices left at private properties which need graffiti clean up; * Inform the police department of areas of repeated graffiti. Action Councilmember Hernandez accepted the amendments to his motion. Motion carried 5 — 0. Recess Mayor Sanderson called for a recess at 9:10 p.m. Meeting reconvened at 9:20 p.m. with all members present. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) a) Planning ...................................... 06/28/05 D-2 Claims Against the City (deny & notify claimant) a) Sylvia P. Garcia vs. City of West Covina b) Patricia Munoz vs. City of West Covina c) Jennifer Rodriguez vs. City of West Covina d) Christina Rodriguez vs. City of West Covina e) Sherry A. Brown vs. City of West Covina f) Nancy Scothom vs. City of West Covina g) Vivian Lew vs. City of West Covina Ordinance for Adoption D-3a Charter Communications Settlement Agreement Ordinance No. 2137 ORDINANCE NO. 2137 — AN ORDINANCE OF THE CITY Settlement Agreement with Charter .COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Communications AMENDING THE WEST COVINA MUNICIPAL CODE SECTION 11-20 (a) FRANCISE FEE AMOUNT AND PAYMENT AND SECTION 11-20 (b) INSPECTION OF RECORDS D-3b Zone Change No. 05-07 Location: 421 South Citrus Street Ordinance No. 2138 ORDINANCE NO. 2138 — AN ORDINANCE OF THE CITY Zone Change No. 05-07 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-07 Code Amendment No. 05-02 D-3c Postal Service Uses Ordinance 2139 ORDINANCE NO. 2139 — AN ORDINANCE OF THE CITY Postal Uses Zoning Amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE REGARDING POSTAL SERVICE USES IN THE "NEIGHBORHOOD COMMERCIAL" (N-C) ZONE (CODE AMENDMENT NO. 05-02) Award of Bid Award of Bid for Community Development Block Grant D-4 (CDBG) Consultant Services Recommendation is to award bid for CDBG consultant services to Castaneda and Associates for a three-year period for an amount not to exceed $20,000 per year ($60,000 for three-year period). M Council minutes of July 5, 2005 City Treasurer's Report (receive & file) D-5 Report for the Month of May 2005 Recommendation is to receive and file the report. Miscellaneous — Police Department D-6a Replacement of Police Photocopiers Police Photocopiers Recommendation is to find that the Los Angeles Unified School District contract #0550059 for Toshiba 1050 and 350 photocopiers satisfies West Covina's bid process and authorize the Chief of Police to enter into a 60-month lease agreement with our current vendor, Danka Office Imaging. Miscellaneous — Risk Management D-6b Placement of Property Insurance for FY 2005/2006 Property Insurance Recommendation is to approve placement of the City's property insurance coverage with the Hartford at a cost of $68,989 for FY 2005/2006. Big Independent Cities Excess Pool (BICEP): Second Amendment to the Joint Powers Authority Agreement (JPA) and Fourth D-6c Amendment to the Liability Risk Coverage Agreement (LRCA) BICEP Second Amendment Recommendation is to approve amending the Big Independent Resolution No. 2005-40 Cities Excess Pool's (BICEP) Second Amendment to the Joint Powers Authority Agreement (JPA) and Fourth Amendment to the Liability Risk Coverage Agreement (LRCA) by adopting the following resolution: RESOLUTION NO. 2005-40 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING AND APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH Miscellaneous — Community Development Commission Auto Plaza Business Improvement District D-6d Recommendation is to adopt the following resolution: Resolution No. 2005-41 RESOLUTION NO.2005-41 — A RESOLUTION OF Intention to Levy Assessments INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2005- 06, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 19, 2005 Miscellaneous — Finance Resolution to Continue 2004-05 Appropriations D-6e Recommendation is to adopt the following resolution: Resolution No. 2005-42 • 04/05 Appropriations RESOLUTION NO. 2005-42 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO CONTINUE APPROPRIATIONS CONSISTENT WITH THE 2004-05 FISCAL YEAR CITY, COMMUNITY DEVELOPMENT COMMISSION AND LOCAL ENFORCEMENT AGENCY OPERATING BUDGETS UNTIL THE ADOPTION OF THE FISCAL YEAR 2005-06 ANNUAL BUDGET 5 Council minutes of July 5, 2005 • • CONSENT CALENDAR ACTION Motion by Wong and seconded by Hernandez, to waive further reading of the ordinances and resolutions and adopt, and approve all items except items D-6d and D-6e. Motion carried 5-0. Item D-6e Resolution to Continue 2004-05 Appropriations - Motion by Wong and seconded by Herfert to amend the resolution to state the continuation of appropriations be through August 16, 2005. Motion carried 5-0. Item D-6d Auto Plaza Business Improvement District - Herb Redholtz, West Covina resident, asked whether there are any plans to update the reader board at the auto plaza. Mayor Pro Tern Wong requested a discussion as to what the alternatives are since the auto dealers are not interested in funding improvements to the reader board. Community Development Director Chung stated that the CDC department has met with the dealership to discuss either rehabilitation or replacement of the sign. The advisory board is developing a plan for the reader board. Motion by Wong and seconded by Miller to approve the resolution of intention setting the public hearing to consider the proposed budget for the Business Improvement District. Motion carried 5-0. HEARING CONTINUED PUBLIC HEARING Code Amendment No. 03-01 E-1 Second Dwelline Units Mayor Sanderson introduced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning director McIsaac presented the staff report and responded to questions from council. Public Testimonv Joanne Wilner, West Covina resident, commented on second units on property zoned for horses. Testimony Closed With no further comments, Mayor Sanderson closed the public hearing. Council Discussion Mayor Sanderson stated her concern that the state law is taking away the rights of citizens by eliminating the requirement of notifying surrounding residents and prohibiting cities from requiring a CUP process [discretionary review]. Councilmember Miller suggested including in the standard for second dwellings, that in areas with large lots that support horses, that the adjoining properties be notified of a second dwelling unit. Councilmember Hernandez concurs with Mayor Sanderson and offered a motion. Motion Motion by Hernandez and seconded by Sanderson to not amend the City's zoning regulations as recommended by the Planning Commission but send a letter to the Governor's Office and Legislature that this [(AB) 1866] will not work for West Covina. Council discussion ensued regarding the State law and the City not being able to prohibit second dwellings but their ability to set standards. It was Council's consensus to maintain the requirement of the CUP process. 6 Council minutes of July 5, 2005 rl • Substitute motion Councihnember Miller offered a substitute motion to keep the CUP process and adopt the Planning Commission recommendations [larger lot size and minimum second dwelling size]. Mayor Sanderson requested amendment to substitute motion to prohibit second dwelling in Area Districts III, IV and V. Assistant City Clerk presented Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICPAL CODE REGULATING SECOND DWELLING UNTS (CODE AMENDMENT NO. 03-01) Motion Motion by Miller and seconded by Hernandez to waive further reading of the ordinance and introduce with amendment. Motion carried 5-0. HEARING PUBLIC HEARING E-2 Code Amendment No. 05-01 Backup Space from Garages in Single -Family Residential Zones Mayor Sanderson introduced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Principal Planner Jeff Anderson presented the staff report. Public Testimonv Joanne Wilner, West Covina resident, voiced her support of the amendment and requested enforcement of the RV code to make sure the space is maintained. Testimony Closed With no further comments, Mayor Sanderson closed the public hearing. Assistant City Clerk presented: Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO BACKUP SPACE FROM GARAGES IN SINGLE-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 05-01) Motion Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 5 — 0. HEARING PUBLIC HEARING E-3 Fees and Charles Mayor Sanderson introduced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Finance Director Bachman presented the staff report, which outlined setting and increasing certain fees and charges. The report further stated that the fee schedule has included fees for parking permits but specific code sections specify that parking permits are free. The recommendation includes bringing back a code amendment allowing the collection of fees for issuing parking permits. Public Testimonv With no public comments offered Mayor Sanderson closed the public hearing. 7 Council minutes of July 5, 2005 • • Council Discussion Councilmember Miller supported the proposed fee and charge schedule but did not support fees for the issuance of parking permits. Mayor Pro Tern Wong suggested a low-income exemption for parking permits. Mr. Wong requested a report be brought back to include how many permits are issued to the neighborhood residents in restricted parking areas where restricted parking is for unwanted business parking and with a low income exemption for parking permits.. Motion Motion by Miller and seconded by Herfert to bring back a report at a later date for consideration of the collection of the parking permit fee. Motion carried 5-0. Assistant City Clerk presented. Resolution No. 2005-43 RESOLUTION NO. 2005-43 OF THE CITY COUNCIL OF THE Setting Fees CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES Motion Motion by Miller and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. DEPARTMENTAL MATTERS PUBLIC WORKS County Park Bond Discretionary Funds for Aroma Parkette F-1 and Heritage Gardens Park Public Works Director Yauchzee presented the staff report regarding the funding for Aroma Parkette and Heritage Gardens Park. Council discussion followed regarding the use of PDF funds. Joanne Wilner, West Covina resident, addressed Council on the use of funds. Royall Brown, West Covina resident, suggested the city apply for grants for funding the trails. Council continued discussion regarding the use of funding from PDF "G" for use for Heritage Gardens Park Trails and the idea of a "loan" from one district to another. Motion Motion by Herfert and seconded by Hernandez to bring this item back at the next Council meeting with options that do not use PDF "G" funds. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting at 10:40 p.m. to convene the Community Development Commission. The City Council reconvened at 10:58 p.m. CONTINUED ORAL COMMUNICATIONS None MAYOR'S REPORTS No reports. COUNCILMEMBERS' REPORTS No reports. Council Comments Councilmember Hernandez commented on the reduction of School Resource Officers and the community's concern with Public Safety and services and suggested the option of a Public Safety initiative on the November ballot. Mr. Hernandez equested information H Council minutes of July 5, 2005 • from staff regarding timelines for placing a Public Safety measure on the ballot. Mayor Pro Tern Wong initiated discussion regarding timelines for placing measures on the ballot and requested information on types of tax measures. Mr. Wong also requested information in regards to a ballot measure concerning guidelines or parameters before the City offered public funds as financial assistance to businesses. ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the meeting at 11:13 p.m. in memory of Captain Lillian Kiel and Mike Gordon, former Mayor of El Segundo. Motion carried 5-0. M yor Shelley Sanderson ATTES i'- Assistant Cit Jerk Susan Rush 0