Loading...
09-20-2005 - Regular Meeting - Minutes• 0 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL September 20, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Pasmant PLEDGE OF ALLEGIANCE Led by Councilmember Miller ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmember Herfert, Councilmember Hernandez, Councilmember Miller Staff Present: Pasmant, Fields, Nichols, Freeland, McIsaac, Morgan, Samaniego, Mclsaac, Wills, Dettor, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Nichols reported the following: The special meeting commenced at 5:45 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. City Council agenda: Conference with Labor Negotiators — West Covina Firefighters'Association, LA.FF, Local3226: Items on the CDC Agenda: Conference with Property Negotiations —Three items —1) Parcels 1, 2, 3, 4, 5, and 6 of Tentative Parcel Map 60193 — Terms of Sale 2) Conference with Property Negotiators- Property Adjacent to Existing Parking Structure located at Edwards Theatre Complex — Terms of Lease 3) Conference with Property Negotiators- Property: 1000 Lakes Drive (The Lakes Property) — Terms of Sale There was no reportable action on any of the items discussed. The special CDC meeting was recessed and will be continued after the regular City Council meeting for discussion of property located at : Parcels 1, 2, 3. 4, 5 and 6 of Tentative Parcel Map 60193. CHANGES TO THE AGENDA City Manager Pasmant stated that Item No. E-1 is being withdrawn from tonight's agenda. D.C. Corporation has submitted a letter withdrawing their application and the Planning Commission's decision will stand. APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of February 15, 2005 Regular meeting of March 1, 2005 Special meeting of March 15, 2005 PRESENTATIONS Blue Star Video was aired. Mayor Sanderson assisted by Police Chief Wills presented Officer Newton with a Resolution of Commendation and a City Tile for over 25 years of service with the West Covina Police Department. A Certificate of Special Congressional Recognition was presented from Congresswoman Hilda Solis' office. ..1 Council minutes of September 20, 2005 • • Mayor Sanderson assisted by Police Chief Wills presented a plaque to FBI Agent Ed Ochotorena, who has served as Head of the West Covina Office of the FBI, on his retirement from the FBI. Mayor Sanderson presented Bob Bryant, owner of Flowers by Robert Taylor, with a Certificate of Recognition for his dedication to raising funds for the Hurricane Katrina Relief efforts. Mayor Sanderson assisted by Robert Perre, presented the Orangewood Little League Diamondbacks Certificates of Recognition as City Minor Division Champions. Mayor Sanderson assisted by John Lee, presented the American Little League Cubs Certificates of Recognition as City Major Division champions. Mayor Sanderson assisted by John Lee, presented the American Little League District 19 All Stars, Eleven and Twelve -Year Old Champions Certificates of Recognition. PROCLAMATIONS Mayor Sanderson proclaimed September 30`h and October Is` as White Cane Days and presented Al Dunn, President of the West Covina Lions Club, with a proclamation. Mayor Sanderson presented Steve Samaniego, Community Services Director, with a proclamation proclaiming the week of October 3 — 7, 2005 as Rideshare Week. ORAL COMMUNICATIONS Joanne Wilner Joanne Wilner, West Covina resident, commented on recent State Legislation limiting stipends for Community Development Commissioners and stated her opposition to the housing development on San Bernardino Rd. John Scheuplein John Scheuplein, West Covina resident, commented on recent state legislation, inquired as to when the safety communications system will be replaced and encouraged conclusion of public safety labor negotiations. Tyra Mason Tyra Mason, representative for the West Covina Chamber, promoted the West Covina Farmers' Market. At the request of Mayor Sanderson, City Attorney Nichols explained that the withdrawal of the appeal by D.C. Corp means the decision of the Planning Commission will stand. Don Pascoe Don Pascoe, West Covina resident, spoke on activities and programs at the Senior Center. Juan Reinoso Juan Reinoso, West Covina resident, presented graffiti service call and graffiti removal statistics of his company, Urban Graffiti. Bill Roe Bill Roe, West Covina resident, addressed the recent decision of the Planning Commission in regards to the housing project on San Bernardino Rd. Steven Thurgood Steven Thurgood, of Pick's Building Materials, addressed the support they received in their opposition to the proposed housing project on San Bernardino Rd. 2 Council minutes of September 20, 2005 • • Bruce Leinbach Bruce Leinbach, West Covina resident, voiced his opposition to the proposed housing project on San Bernardino Rd. and supported no residential homes be proposed for the land in the future. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the residents and business owners for voicing their opposition of the housing project on San Bernardino Rd. to the Council. Royall Brown Royall Brown, West Covina resident, addressed the process in which developers must go through with the Planning Commission and City Council. Bobbie Johnson Bobbie Johnson, Chino Hills, thanked the Council for their support of Good Neighbor Day which also benefited the Hurricane Katrina victims. Eric Rodriguez Eric Rodriguez, West Covina resident, addressed issues he is having with D.C. Corp who is also the proposed developer for the housing project on San Bernardino Rd. and also inquired as to whether a successful Council candidate can vote on a project if they received income from said developer. City Attorney Nichols stated the question is for the Fair Political Practices Commission as to conflict of interest regulations. Gloria Landaverde Gloria Landaverde, owner of Heavenly Pet Resort, stated their opposition to the proposed housing development on San Bernardino Rd. next to their business and presented a petition with the signatures of patrons also opposing the development. Irene Fleck Irene Fleck, West Covina resident, urged Council to keep the proposed development site as a commercial zone and commended the staff of the swim program. Recess Mayor Sanderson called for a recess at 8:50 p.m. The City Council reconvened at 9:12 p.m. with all members present. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Ordinance for Adoption Zone Change No. 05-02 C-1 Location: 1838 E. Workman Avenue City Attorney Nichols stated that pending litigation does not affect this item and Council may proceed with action. Mayor Sanderson announced for public information that Mr. Alhassen filed litigation in regards to this matter. Assistant City Clerk presented: Ordinance No. 2142 ORDINANCE NO. 2142 - AN ORDINANCE OF THE CITY Approving Zone Change 05-02 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-02 Motion by Wong, seconded by Herfert, to waive further reading of the ordinance and adopt. Motion carried 5 — 0. City Attorney Nichols, in response to Councilmember Herfert, stated the litigation is against the City and -the developer at 1838 E. Workman Ave. challenging the zoning entitlements as approved by the City. Councilmember Herfert requested a report regarding the requirement of prevailing wages at Mr. Alhassens project at Azusa N Council minutes of September 20, 2005 • C7 and Garvey Avenue and Mayor Sanderson requested an update on the progress of the project. Councilmembers' Reports Councilmember Herfert C-2 Pacific Avenue Traffic Conditions Update Due to a report submitted by residents on this item, Councilmember Herfert requested this item come back in order for staff to review the report. Motion by Herfert and seconded by Wong to receive and file this report. Motion carried 5 — 0. Councilmember Herfert C-3 Vine Avenue and Valinda Avenue Traffic Conditions Councilmember Herfert provided a brief report of the traffic issue at the location. Motion by Herfert and seconded by Miller to adopt the staff recommendation to install advance -warning signs and to improve traffic at the intersection. Motion carried 5-0. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) a) Planning...........................................09/13/05 Miscellaneous — Public Works Relinquishment of North Azusa Avenue (State Route 39) Restricting the Use of the Relinquishment Funds for Future D-2a Improvements and Maintenance Recommendation is that the City Council authorize staff to make all immediate improvements to North Azusa Avenue, to restrict the use of the remaining funds only for immediate City street paving needs, and to annually set aside $700,000 of restricted Proposition "C" funds for five years beginning in Fiscal Year 2006-2007 for the future paving of Azusa Avenue. Miscellaneous — City Manager's Office Letter of Opposition — HR 3146 (Blackburn) — D-2b Video Choice Act of 2005 Recommendation is that the City Council forward a letter of opposition to HR 3146 - "Video Choice Act of 2005" to all federal elected officials representing the City of West Covina. Fully Paid Leave and Continuation of Benefits for Employees Serving as Volunteers with the American Red Cross During the D-2c Katrina Relief Efforts Recommendation is to adopt the following resolution: Resolution No. 2005-59 RESOLUTION NO. 2005-59 - A RESOLUTION OF THE CITY Benefits to Volunteers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CITY'S PERSONNEL RULES GRANTING FULLY -PAID LEAVE OF ABSENCE AND THE CONTINUATION OF EMPLOYEE BENEFITS TO THOSE SERVING AS VOLUNTEERS WITH THE AMERICAN RED CROSS DURING RELIEF WORK ASSOCIATED WITH HURRICANE KATRINA 0 Council minutes of September 20, 2005 Miscellaneous — Police Department D-2d Photo Red Light Traffic Enforcement Recommendation is that the City Council receive and file this report. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further • reading of the resolution and adopt, and approve all items except D-2b and D-2d. Motion carried 5-0. D-2b Letter of Opposition — HR 3146 (Backburn) — Video Choice Act of 2005 Councilmember Herfert expressed his view of the proposed bill and does not support a letter of opposition. Motion by Miller and seconded by Hernandez to forward a letter of opposition to HR 3146 to all federal elected officials representing the City of West Covina. Motion carried 4-1. (Herfert voting no) D-2d Photo Red Light Traffic Enforcement Lt. Mark Dettor of the Police Department presented_ a brief staff report and answered questions from Council. Motion by Herfert and seconded by Miller to receive and file the report. Motion carried 5-0. PUBLIC HEARINGS APPEAL HEARING General Plan Amendment No. 05-02 Appeal of Zone Change No. 05-03 Appeal of Precise Plan No. 05-02 Appeal of Tentative Tract Map No. 62345 Negative Declaration of Environmental Impact Location: 1773 San Bernardino Road E-1 Applicant: DC Corporation This item was removed from the Agenda earlier in the evening due to the withdrawal of the appeal by D.C. Corporation. PUBLIC HEARING 2005 Congestion Management Program (CMP) Conformance E-2 Self -Certification and Local Development Report (LDR) Mayor Sanderson introduced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Staff report was presented by Planning Director Mclsaac. Public Testimony Mayor Sanderson asked for public comments and, with none offered, closed the public hearing. Assistant City Clerk presented: Resolution No. 2005-60 RESOLUTION NO. 2005-60 — A RESOLUTION OF THE CITY Congestion Management Program COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND • ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Motion by Wong, seconded by Miller, to waive further reading of the resolution, read by title only and adopt. Motion carried 5 — 0. COMMUNITY DEVELOPMENT COMMISSION No reports for this meeting. Council minutes of September 20, 2005 • L� DEPARTMENTAL MATTERS No reports for this meeting. CONTINUED ORAL COMMUNICATIONS Cookie Nance Cookie Nance, West Covina resident, commented on the litigation filed against the City by Mr. Alhassen and a letter her husband received by Mr. Alhassen in reference to a letter to the editor her husband submitted. Bill Roe Bill Roe, West Covina resident, commented on a comment by a prior speaker regarding his actions as a Council candidate. MAYOR'S REPORTS Mayor Sanderson stated her desire to create a Senior Resource Center. COUNCILMEMBERS' REPORTS Mayor Pro Tern Wong commented on Consent Calendar item D-2c, and a recent IRS and Franchise Tax Board press release regarding private businesses and the donation of their employees benefit time. ADJOURNMENT Motion by Sanderson and seconded by Herfert, to adjourn the regular City Council meeting at 10:11 p.m. in memory of Eddie Cortez, Mayor of Pomona, followed by recessing into and adjourning from Community Development closed session. Motion carried 5 — 0. ATTEST: Assistant Cit C erk Susan Rush ayor Shelley Sanderson no