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07-19-2005 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL July 19, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Pasmant PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmember Herfert, Councilmember Hernandez, Councilmember Miller Others Present: Pasmant, Fields, Alvarez-Glasman, Bachman, Samaniego, Wills, Yauchzee, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to recessing into closed session, all items on the City Council and CDC agendas were announced for inclusion in the closed session discussion. On the City Council agenda: Conference with Labor Negotiators — West Covina Police Officers Association, West Covina Police Management Association and West Covina Firefighters' Association, I.A.F.A., Local 3226: After receiving a briefing, the Council provided direction to the agency's negotiator, there was no final action taken and nothing further to report. On the Community Development Commission agenda: Conference with Legal Counsel, Potential Litigation — consideration of one matter — CDC Board received a briefing from legal counsel, there was no final action taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant announced the following changes: Items listed under G-1 and G-2 should have been placed as items J-1 and J-2. APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of January 10, 2005 Special meeting of January 14, 2005 Special Meeting of January 18, 2005 PRESENTATIONS Blue Star Video was aired. Mayor Sanderson assisted by Police Chief Frank Wills presented Detective Cruz Garcia, Jr. with a City tile and Resolution of Commendation on his retirement from the City of West Covina after 25 years of service to the community. ORAL COMMUNICATIONS Jeanne Sanove Jeanne Sanove, West Covina resident, spoke on street sweeping and pavement issues. Rudy Perez Rudy Perez, West Covina resident, brought up traffic issues on Lark Ellen Avenue. Council minutes of July 19, 2005 • • Jean Perkins Jean Perkins, West Covina resident, spoke on the closing of the Senior Center at 6:00 p.m. and it's effect on Wednesday night activities. Teresa Mancini Teresa Mancini, addressed issues about Bridge playing at the Senior Center. Larry Larson Larry Larson, Walnut resident, addressed issues regarding bridge at the Senior Center and the perception of gambling. Joan Stronaca Joan Stronaca, West Covina resident, also shared her concerns with issues at the Senior Center. Don Williams Don Williams, West Covina resident, spoke on issues regarding bingo at the Senior Center. Herb Redholtz Herb Redholtz, West Covina resident, addressed the increase of graffiti in his area of West Covina. Councilmember Hernandez Asked when the Graffiti hotline number was made public and when was the contractor advised to start using it. Royall Brown Royall Brown, West Covina resident, commended the City for creating Graffiti posters and magnets with the new hotline number and complimented the Police Department Task Force. George Ogden George Ogden, West Covina resident, thanked the Council, staff and the Police Department for showing honor to Lillian Kiel. John Scheuplein John Scheuplein, West Covina resident, addressed Council with concerns with public safety negotiations. Ed Casanova Ed Casanova, West Covina resident, shared his views on the Bingo issues at the Senior Center. UPDATES/REPORTS FROM CONSULTANTS — No Reports ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS PUBLIC WORKS County Park Bond Discretionary Funds for Aroma Parkette And Heritage Gardens Park Public Works Director Shannon Yauchzee presented the staff report. This item was carried over from July 5, at which time Council requested staff to return with options not using PDF District "G" funds. Mr. Yauchzee answered questions from Council. Joanne Wilner, West Covina resident, complimented staff on the new proposals. Assistant City Clerk presented Resolution No. 2005-44 RESOLUTION NO. 2005-44 - A RESOLUTION OF THE CITY Aroma Parkette COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR THE AROMA PARKETTE DEVELOPMENT i Council minutes of July 19, 2005 • • Resolution No. 2005-45 RESOLUTION NO. 2005-45 - A RESOLUTION OF THE CITY Heritage Park COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR HERITAGE GARDENS PARK TRAILS CONSENT CALENDAR D-1 D-2a Ordinance No. 2140 Second Dwelling Units Motion by Herfert and seconded by Wong to waive further reading of the resolutions and adopt, and approve the following staff recommendations. Motion carried 5-0. 1. Approve the reappropriation of funds as follows: Aroma Parkette New Park Development Recommended Account No. Amount 163.82.8516.7700 $38,000 175.82.8516.7700 126,800 176.82.8516.7700 0 143.82.8516.7700 135,200 $300,000 Heritage Gardens Park Trails Recommended Account No. Amount xxx.82.8218.7700 $410,200 174.82.8218.7700 154,000 175.82.8218.7700 0 176.82.8218.7700 0 203.82.8218.7700 263,000 143.82.8218.7700 22,800 $850,000 2. De -obligate the Park Bond Grant funding for Capital Improvement Program Project No. PP-02208 Ridge Riders Equestrian Center/Maverick Field Improvements (143.82.8227.7700) and residual funds from other completed and/or closed Capital Improvement Program projects. 3. Appropriate $100,000 of PDF District "E" for Project No. PP- 02208 Ridge Riders Equestrian Center/Maverick Field Improvements (174.82.8227.7700) and $22,000 for the completion of the Park Master Plan (174.82.8237.7700). John Scheuplein, West Covina resident, voiced his support of staffs recommendation restricting the use of relinquishment funds for future improvements and maintenance. (Item D-4) Commission Summary of Actions (receive & file) Planning .......................................... 07/12/05 Ordinance for Adoption (waive further reading and adopt) Code Amendment No. 03-01 Second Dwelline Units ORDINANCE NO. 2140 — AN ORDINANCE OF THE CITY OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE REGULATING SECOND DWELLING UNITS (CODE AMENDMENT NO. 03-01) 3 Council minutes of July 19, 2005 D-2b Code Amendment No. 05-01 Backup Space from Garages in Single -Family Residential Zones Ordinance No. 2141 ORDINANCE NO. 2141 — AN ORDINANCE OF THE CITY Backup Space from Garages 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 SINGEL-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 05-01) Approval of Final Maps (adopt resolution) D-3 Lot Line Adjustment No. 168 Location: SE Corner of Wednesday Drive and Giano Street Applicants: City of West Covina and Shadow Oaks Villas III Homeowners Association Resolution No. 2005-46 RESOLUTION NO. 2005-46 — A RESOLUTION OF THE CITY Lot Line Adjustment COUNCIL OF THE CITY OF WEST COVINBA, CALIFONRIA, APPROVING LOT LINE ADMUSTMENT NO. 163 OF LOTS 133 AND 134 OF TRACT NO. 31619 AND DIRECTING THRE RECORDATION THEREOF (CITY OF WEST COVINAAND SHADOW OAKS VILLAS III HOMEOWNERS ASSOCIATION) Miscellaneous — Public Works D-4 Relinquishment of North Azusa Avenue (State Route 39) and Authorization of Funding for Design of Public Improvements Recommendation is that City Council: 1. Adopt the following Resolution: Resolution No. 2005-47 RESOLUTION NO. 2005-47 — A RESOLUTION OF THE CITY Relinquishment ofRte. 39 OF WEST COVINA, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 07-4720 WITH THE STATE OF CALIFORNIA PROVIDING FOR THE STATE'S RELINQUISHMENT OF ROUTE 39 (SR 39) (NORTH AZUSA AVENUE SOUTH TO BADILLO STREET NORTH CITY LIMIT 2. Establish Project No. SP-05112 and Project No. TP-05506 for street and landscape improvements and traffic signal improvements on North Azusa Avenue. 3. Appropriate $37,000 (XXX.81.8535.7206) and $27,600 (XXX.85.8534.7800) to newly established Project No. SP- 05112 and Project No. TP-05506 from unappropriated relinquishment funds for engineering design services from consultants respectively. 4. Accept the proposal from David Volz Design in an amount of $32,100 for Project No. SP-05112 and from Wildan in an amount of $24,000 for Project No. TP-05506; and authorize the Public Works Director and City Clerk to execute a Consultant Agreement with said consultants to prepare plans, specifications, and estimate cost. 5. Direct staff to prepare a resolution regarding restricting the use of the relinquishment funds for North Azusa Avenue for future improvement and maintenance. • CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Herfert to waive further reading of the ordinances and resolutions and adopt, and approve all other items. Motion carried 5 — 0. City Manager Pasmant request that Item E-1 be held until after E-2 as the applicant is not arrived. El Council minutes of July 19, 2005 HEARING PUBLIC HEARING E-2 West Covina Auto Plaza Business Improvement District 2005- 06 Annual_ Report and Assessment Mayor Sanderson announced the public hearing. Assistant City Clerk verified that proper legal notice had been given and Mayor • Sanderson opened the hearing. Administrative Analyst Ixco presented the staff report. Council discussion followed regarding their authority and options to upgrade the readerboard since the Business Improvement District's (BID) Advisory Board did not approve financing in their budget for upgrades. City Attorney Alvarez-Glasman suggested holding the public hearing over in order to research legal issues regarding the City's authority. Council further discussed possibly meeting with the dealerships individually. Motion by Wong and seconded by Miller to hold over to the Special City Council meeting of July 25, 2005 in order for the City Attorney to research legal issues. Motion carried 5-0. Herb Redholtz, West Covina, expressed his disappointment in the Advisory Board and his concerns with the readerboard. Council proceeded with the items on the agenda and continued to hold item E-1 until the arrival of the applicant. COMMUNITY DEVELOPMENT COMMISSION No reports for this meeting. DEPARTMENTAL MATTERS No reports for this meeting MAYOR'S REPORTS None COUNCILMEM BERS' REPORTS Councilmember Hernandez J-1 Public Safety Special Tax Election Finance Direct Bachman presented staff report. The report outlined the various tax option available, potential use of the proceeds, requirements for a ballot measure and community survey. Police Chief Wills, at the request of the Mayor, clarified recent articles in the newspaper regarding staffing levels in the police department. John Scheuplein, West Covina resident, voiced his opposition to any tax measure on the November ballot. Joanne Wilner, West Covina resident, inquired as to the costs of ballot measures and expressed her views on tax measures. Herb Redholtz, West Covina resident, supported a community survey to receive resident input. Councilmember Hernandez supported taking this issue to the electorate for their input and viewed this as an opportunity for economic development. F1 Council minutes of July 19, 2005 Council discussion ensued regarding types of tax options and their method (parcel or sales tax), and the components of polling the residents to find out whether they would support a special tax. Mayor Sanderson and Councilmember Herfert expressed their • views in opposition to any new taxes to residents. Councilmember Herfert stated the timing is wrong for a tax issue with a foreseeable balanced budget and new revenue from projects coming in. Motion Motion by Hernandez and seconded by Wong, to have staff move forward with citizens poll and return with survey information on August 2. Motion carried 3-2 (Herfert and Sanderson voting no). Discussion continued as to whether there would be enough time to properly prepare a ballot measure with the information received from the survey and meet all the necessary County timelines. City Attorney Alvarez-Glasman stated that if it was the Councils desire to move forward with the preparation of a ballot measure after receiving survey information, a special City Council meeting would need to be called for the adoption of the appropriate resolutions and ordinances. Recess Mayor Sanderson called for a recess at 9:45. City Council reconvened at 10:00 with all members present. City Council continued with the Public Hearings due to the arrival of the applicant. HEARING PUBLIC HEARING Code Amendment No. 04-05 E-1 Outdoor Retail Display Merchandise Outdoor Uses Overlay Zone Mayor Sanderson announced the public hearing. Assistant City Clerk verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning Director McIsaac presented the staff report. Public Testimony Joanne Wilner, West Covina resident, brought to staff attention the need to not eliminate the definitions of Specialty food items and Specialty retail items. Ted Slaught, President of Hillcrest Development, requested Council to approve the amendment of regulations in the ordinance. Testimony Closed Mayor Sanderson closed the public hearing with no others wishing to address Council Planning Director Melsaac stated that the two definitions of Specialty food items and Specialty retail items pertain to the Farmer's Market and suggested keeping the definitions in the ordinance. • 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 REGULATING TO THE OUTDOOR USES OVERLAY ZONE (CODE AMENDMENT NO. 04-05) 2 Council minutes of July 19, 2005 Motion Motion by Miller and seconded by Wong to waive further reading of the ordinance and introduce with the amendment to add back definition sections g and h. Motion carried 5 — 0. Mayor Pro Tem Wong 1-2 Ballot Measure Regarding Requirement for Public Assistance to Private Developments Mayor Pro Tem Wong introduced the subject matter. Mr. Wong felt some limits should be placed on the assistance provided to private entities. Councilmember Miller proposed language that if more than 50% of General Fund money was requested for the payment of private construction a majority vote of the electorate would be required. Mr. Wong requested Council discussion regarding specifics of a proposed ballot measure. Councilmember Herfert stated he would not support the issue, as it is Councils job to manage the funds of the City. Joanne Wilner, West Covina resident, felt this issue does not need to be a ballot measure but more disclosure to the public is required. John Scheuplein, West Covina resident, concurs with the prior speaker that more information needs to be forthcoming to the public and recommends the Council receive and file this item. Royall Brown, West Covina resident, voiced his opposition to a ballot measure. Motion Motion by Herfert and seconded by Sanderson to receive and file. Mayor Pro Tem Wong discussed how this measure would set minimum standards that a current or future Council could not change, change would be by majority vote of the voters, and that a privately owned project with no City equity share could not receive City assistance of more than 50%. Councilmember Miller supported disclosure of how General Fund monies are used and allowing the voters a say. Substitute Motion Substitute motion by Miller and seconded by Wong to direct staff to proceed with the development of the appropriate language for a ballot measure which addresses the limitations and requirements of public assistance in private and public projects and be brought back on at the August 2 meeting. Councilmember Hernandez supported the spirit of the measure but concerned with any negative impact. Amendment to Substitute Motion Wong requests to amend Millers motion by offering the following as framework for the language: • Privately owned projects - the City not contribute more than 50% of the capital costs. • Publicly owned but privately operated — suggestions on how • the City is paid back. • Publicly owned and operated — no restrictions. Councilmember Miller accepts Mayor Pro Tem Wong's amendments as the intent of his motion. Action Motion carried 3-2 (Sanderson and Herfert voting no). City Manager Pasmant requested the City Attorney provided some clarification on item J-1, Public Safety Special Tax Election. II Council minutes of July 19, 2005 City Attorney Alvarez-Glasman stated a public hearing will be required for a tax measure if the Council moves forward with that option after review the survey and suggests that the City move forward with noticing the public hearing. Council concurred to move forward with necessary requirements. • 'CONTINUED ORAL COMMUNICATIONS Juan Reinoso, Urban Graffiti, addressed concerns of an earlier speakers graffiti issues. ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the meeting at 10:58 p.m. Motion tamed 5 — 0. Mayor Shelley Sanderson ATTEST: Assistant City Cl rk Susan Rush