Loading...
02-21-2006 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 21,2006 . Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:15 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Rabbi Rick Brody Temple Ami-Shalom PLEDGE OF ALLEGIANCE Mayor Sanderson ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers Hernandez, Lane, Touhey Others Present: Pasmant, Fields, Alvarez-Glasman, Anderson, Bachman, Freeland, Wills, Elliott, Yauchzee, McIsaac, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council and Community Development Commission agendas were announced for inclusion in the closed session discussion. Items on the Council Closed Session agenda: Conference with Real Property Negotiators: 1444 W. Garvey Avenue South - Briefing was given to Council, no final action and nothing further to report. This item is on the open session agenda for Council consideration. Conference with Legal Council —Existing Litigation — Valencia Heights Water Company — Council was briefed with no final action and nothing further to report. Items on the CDC Closed Session agenda: Conference with Real Property Negotiators: Southwest corner of Citrus St/E. Workman Ave. — Commissioner Touhey, having no interest in this property, excused himself from participation in discussion due to having prior business transactions with the McIntyre Company. Direction provided to staff to prepare documents consistent with the terms of sale. There was no final action and nothing further to report. Conference with Real Property Negotiators: 2533 E. Workman Avenue — Terms of sale were discussed and direction was given to staff. There was no final action and nothing further to report. Conference with Real Property Negotiators: Parcels 1, 2, 3, 4, 5, 6, 7 and 8 of Parcel Map 60193 — Direction was provided to staff. There was no final action and nothing further to report. • CHANGES TO THE AGENDA City Manager Pasmant announced that the applicant of Item E-3, Conditional Use Permit at 2655 S. Citrus Street, requested an extension to March 21, 2006. Additional information regarding Item J-3, 605110 Interchange, has been provided to the Council and to the public. Council minutes of February 21, 2006 Mayor Sanderson participation due tc Hills Country Club. hearing. and Councilmember Lane abstained from conflict, as both are members of the South Mayor Pro Tem Herfert conducted the public E-3 Conditional Use Permit No. 05-01 . 2655 S. Citrus Street (South Hills Country Club) Wireless Communication Facility Mayor Pro Tem Herfert announced the public hearing and Assistant City Clerk Rush verified that proper legal notice had been given. Motion by Hernandez and seconded by Touhey to grant the request of the applicant to hold this item over to March 21, 2006. Motion carried 3-0-2 with Sanderson and Lane abstaining. APPROVAL OF MINUTES The following minutes were approved as presented: Special Meeting of September 6, 2005 Regular Meeting of September 6, 2005 Special Meeting of September 20, 2005 Regular Meeting of September 20, 2005 Special Meeting of October 4, 2005 Regular Meeting of October 4, 2005 Special Meeting of October 18, 2005 Regular Meeting of October 18, 2005 PRESENTATIONS Blue Star Video was aired. Mayor Sanderson, assisted by Interim Community Services Director Steve Samaniego, presented resolutions of commendation to the following commissioners recognizing their service: • Michelle Roe, Community Services Commissioner • Robert Sotello, Community Services Commissioner (absent) ■ Gilbert Hernandez, Community Services Commissioner (absent) ■ Musheer Rasheed, Community Services Commissioner ■ Mary Newlin, Senior Citizens Commissioner ■ George Gliaudys, Jr., Senior Citizens Commissioner Mayor Sanderson, assisted by Interim Human Resources Director Artie Fields, presented resolutions of commendation to the following commissioners recognizing their service: ■ Darrell Higuchi, Human Resources Commissioner (absent) ■ Herb Redholtz, Human Resources Commissioner PROCLAMATIONS Mayor Sanderson presented Christie Brown, President of West Covina Beautiful, with a Proclamation proclaiming March 4, 2006 as Arbor Day. ORAL COMMUNICATIONS Joanne Wilner Joanne Wilner, West Covina resident, addressed difficulties with . change of video streaming application. Gary Lawson Gary Lawson, Chamber of Commerce representative, announced two upcoming events hosted by the Chamber. John Scheuplein John Scheuplein, West Covina resident, addressed issues regarding campaign contributions during the recent November election. -2- Council minutes of February 21, 2006 Lloyd Johnson Lloyd Johnson, West Covina resident, announced a fundraiser being held for a recent cancer victim at Cameron Elementary on Saturday, February 25. Royall Brown Royall Brown, West Covina resident, updated Council and recent developments regarding reclaimed water project. isShirley Buchanan Shirley Buchanan, West Covina resident, complimented Public Works Director Shannon Yauchzee for his prompt response to her concerns brought up at a previous meeting regarding issues of a boarding house in her neighborhood. Tyra Mason Tyra Mason, a representative of the Chamber of Commerce, promoted the West Covina Farmers Market. UPDATES/REPORTS FROM CONSULTANTS No reports. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS C-1 Continued Public Hearing Appeal of Precise Plan No. 04-09 Appeal of Negative Declaration of Environmental Impact Applicant: RHL Design Group, Inc. Location: 2700 E. Garvey Ave. South (Crestview Cadillac) Mayor Sanderson announced the request from the applicant to continue this item on March 21, 2006 to allow them to complete a redesign of the parking structure. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the public hearing and requested a motion to continue this item. Motion by Touhey and second by Herfert to carry this item over to the meeting of March 21, 2006. Motion carried 54. Mayor Sanderson requested to move Item G-1 forward, as it relates to Item C-2. C-2 Continued Public Hearing General Plan Amendment No. 04-03 Zone Change No. 04-03 Negative Declaration of Environmental Impact Applicant: Dynamic Investments Location: Southeast Corner of West Covina Parkway and West Garvey Avenue South (Civic Center) Mayor Sanderson announced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Mayor Sanderson requested a motion to move Item G-1 forward. as it relates to this public hearing. Motion by Hernandez and seconded by Herfert to move Item G-1 forward for action • following the public hearing. Motion carried 5-0. Principal Planner, Jeff Anderson, presented the staff report outlining the proposed zone change and the project as approved by the Planning Commission. Public Testimony Mayor Sanderson requested public comments on the subject. -3- Council minutes of February 21, 2006 Henry Melendez, applicant of the project, addressed the Council. Mr. Melendez stated he has been working on the project with staff for several years, accepting input from both staff and the community and meeting all requirements. Mr. Melendez requested the approval of Council for this project, offering to answer any questions. Steven Lam, architect of the project, stated he was present to answer any questions from Council. John Scheuplein, West Covina resident, spoke in support of the project but shared concerns about parking issues, particularly during construction. Joanne Wilner, West Covina resident, addressed several issues regarding the design and funding and urged Council not to accept the project as presented or make any zone changes until the project is ready to move forward. Beverly Bulthuis, West Covina resident, addressed concerns of library parking for patrons. Irene Fleck, West Covina resident, shared concerns of parking for library patrons. Tyra Mason, West Covina resident, spoke in support of the project but asked if there was any consideration given to performing arts. Community Development Commission Director Chung responded to financing questions and stated that the City, not the Commission, owns the property and there are no CDC funds involved. Any lease revenue generated by the project will go into the general fund. Also, there are no park dedication fees generated, as this is a commercial development. Planning Director McIsaac responded to issues of parking. McIsaac confirmed that the project will included 100 parking spaces for library patrons per a separate agreement with the County. Steven Lam, architect, described the outside sitting areas that are included in the design. Mr. Melendez addressed safety issues that are associated with parking structures and stated there will be security and cameras, and there would be parking allocated for seniors. Mr. Melendez also briefly covered the types and styles of restaurants planned. Councilmember Hernandez inquired about the signage for the project and Mr. Melendez replied that it has not yet been developed but will be working with staff on this. Close Public Testimony With no further comments, Mayor Sanderson closed the public testimony. • Council discussion Councilmember Hernandez inquired as to current library parking spaces and usage. Mr. Anderson stated that during peak hours the average number of spaces utilized is approximately 53. Mayor Pro Tem Herfert stated his support of the project, but the current proposal is too big for the location. Herfert also addressed concerns of the parking in the structure and the impact it could potentially have on the street and City Hall parking areas. -4- Council minutes of February 21, 2006 • • Councilmember Touhey stated he is in favor of a development at the site and would support developing the entire front of the area and not just the comer and could not support the project as presented. Councilmember Lane shared her concern with parking issues and parking in . a structure and would not support the project as presented. Motion Motion by Hernandez to direct staff to continue working with the developer and address the concerns expressed to maximize the potential of the site in a timely and expeditious manner. It was suggested by the City Manager that documents regarding what has been done [under direction of previous Council] be provided to the Council for review in order for this Council to provide direction to the developer. City Attorney Alvarez-Glasman requested Council to continue the public hearing due to the entitlement applications. Motion Councilmember Hernandez amended his motion to continue this item to a future date and direct staff to work with the developer to look at the original proposal that had a different parking plan that could help mitigate some of the issues brought forth. Motion failed due to lack of a second. City Attorney Alvarez-Glasman stated if the Council did not want to move forward with the project, Council could receive and file the environmental impact resolution, receive and file the zone change ordinance, but staff would need to bring back findings of denial regarding the General Plan Amendment. Motion Motion by Herfert, second by Touhey to receive and file the environmental impact resolution and zone change ordinance. Councilmember Hernandez initiated Council discussion on their willingness to work with developer and to try to mitigate the parking issues due to their long-standing relationship. Action Motion to receive and file. Motion carved 4-1 with Hernandez voting no. Motion Motion by Herfert and, second by Touhey to direct staff to prepare findings for denial of the General Plan Amendment application. Motion carried 4-1 with Hernandez voting no. G-1 Item moved forward Approval of the Lease and Development Agreement Between the City of West Covina and Dynamic Business Holdings, Inc. for the Development of a 2.6 Acre Portion of the Civic Center Motion by Herfert and second by Touhey to receive and file the resolution that was proposed for the approval of the Lease and Development Agreement. Motion carried 4-1 with Hernandez voting no. Councilmember Touhey C-3 WI-FI (Wireless Fidelity) Wireless Internet System Assistant City Manager Fields presented the staff report outlining the implementation of a wireless Internet system, which would allow the public to have access to the Internet from designated -5- Council minutes of February 21, 2006 sections of the City. Mr. Fields' report suggested a needs assessment in the City prior to implementation. Council discussion ensued suggesting the first implementation be at City facilities and looking at the West Covina Services Group as an option for implementation. • Councilmember Hernandez requested implementing wireless modems at the Senior Center where the Internet is already installed. Motion Motion by Herfert and second by Lane to direct staff to research the cost of hiring a consultant to assist the City in establishing Wi- Fi goals, and to identify an appropriate Wi-Fi network for the City focusing on potential hot spots. Motion carried 5-0. Mayor Pro Tern Herfert C-4 Procedures for Placing Items on the Agenda for City Council Discussion Hold Over Mayor Pro Tern Herfert requested this item be held over in order for staff to research and survey what other cities are doing. CONSENT CALENDAR Mayor Pro Tern Herfert requested items D-4-I, Traffic Committee Minutes, and D-5a, Retention of State and Federal Legislative Advocates, be pulled for separate discussion. John Scheuplein, West Covina resident, inquired as to the handling of other games at the Senior Center for prizes with the adoption of the ordinance authorizing the playing of Bridge for money. Jerry Graham, West Covina resident, addressed issues on Pacific Avenue and the need for a traffic signal on Pacific Avenue. Ed Scheidler, West Covina resident, also addressed the issues on Pacific Avenue and supported further study. D-1 Commission Summary of Actions (receive & file) Summary of Actions a) Planning............................................................. 02/14/06 D-2 Claims Against the City of West Covina Government Tort Claim Denials Recommendation is to deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Gary Seeget vs. City of West Covina ■ Henry Garcia vs. City of West Covina ■ Nickolas Realty vs. City of West Covina ■ Salvador Puga vs. City of West Covina Ordinance for Adoption (waive reading & adopt) D-3 West Covina Senior Center Bridee Proeram Game Rules Ordinance No. 2155 ORDINANCE NO. 2155 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, • AMENDING SECTION 15-9 (GAMBLING) OF THE WEST COVINA MUNICIPAL C ODE TO ALLOW THE PLAYING OF BRIDGE AT THE WEST COVINA SENIOR CENTER OR OTHER CITY FACILITY ENGAGED IN THE CONDUCT OF SENIOR ACTIVITIES 6- Council minutes of February 21, 2006 Traffic Committee Minutes (accept & file) D-4i Meeting of December 20, 2005 Recommendation to accept Traffic Committee recommendations: • That a traffic signal or crosswalk not be installed on Pacific Avenue at this time. • That the Police Department continue speed and truck route enforcement and conduct future lane inspections. • That the Public Works Department purchase a Solar Speed Feedback sign to be used at this and other locations from Project No. TP-05505 (124.85.8533.7800) for an approximate cost of $10,000. Miscellaneous — City Manager's Office D-5a Retention of State and Federal Legislative Advocates Recommendation is to: 1. Authorize the City Manager to execute a professional services contract with the firm of Joe A. Gonsalves & Son to provide legislative advocacy with matters before the California Legislature and California State Agencies at a cost not to exceed $4,000 per month; and 2. Authorize the City Manager to execute a one-year professional services contract with The Ferguson Group to provide legislative advocacy to identify and attempt to secure funding for the replacement of the City's Public Safety Communication System at a cost not to exceed $2,500 per month; and 3. Appropriate $18,000 from the General Fund Reserve to Account #110.11.1120.6120 and $8,000 from CDC Merged Project Reserve to Account #876.22.2210.6120 to fund the legislative and advocates from March 1, 2006 through June 30, 2006. Miscellaneous — Police Department D-5b 2006 BJA Assistance Grant Recommendation is to: 1. Approve the 2006 BJA Justice Assistance Grant (totaling $24,900) and authorize the appropriation of $24,900 into 208.31.3111.7160 for unfunded public safety equipment needs, including a portable traffic analysis device, small weapons components, and photo -evidence supplies. 2. Authorize the future appropriation of interest earned under this grant to be spent on the same approved activities. D-5c Appropriating Bulletproof Vest Partnership and SLESF Grants Recommendation is to: 1. Accept the Bulletproof Vest Partnership (BVP) grant and appropriate $13,729.39 into 195.31.3120.6999. 2. Appropriate the remaining $84.61 from the 2005 Supplemental Law Enforcement Services Fund (SLESF) grant into 155.31.3110.7160. CONSENT CALENDAR ACTION Motion by Herfert and second by Touhey, to waive further reading of the ordinance and adopt; and approve all items except Items D- • 4I and D-5a. Motion carried 5-0.: Item D-41 Traffic Committee Minutes of December 20, 2005 — Public Works Direct Yauchzee presented a brief staff report. Mayor Pro Tem Herfert supported staff recommendation and suggested a flashing yellow light be installed to slow traffic. Motion by Herfert and second by Touhey to accept the recommendations of the Traffic Committee and come back with the potential for a stop sign in the area. Motion carried 5 — 0. -7- Council minutes of February 21, 2006 Item D-5a Retention of State and Federal Legislative Advocates — City Manager Pasmant provided a brief overview of the staffs recommendations. Motion by Touhey and second by Herfert to approve a contract with Joe A. Gonsalves & Son as recommended by staff and to approve Smith Dawson & Andrews to provide federal • legislative advocacy at the level of "Full Federal Agenda" at a cost of $6,000 a month and to appropriate funds accordingly to accommodate the change from staffs recommendation. Following Council discussion regarding the city's ability to secure funding for projects, a substitute motion was offered by Hernandez to go through a bid process to retain legislative advocates. Motion failed due to a lack of a second. Mayor Sanderson called for a vote on the original motion. Motion carried 4-1 with Hernandez voting no. Recess Mayor Sanderson called for a recess at 10:00 p.m. The City Council reconvened at 10:12 p.m. with all members present. PUBLIC HEARINGS Public Hearing Appeal of Administrative Use Permit No. 05-39 (Off -Sale of Beer and Wine within an Area of Undue Concentration Applicant: Ajit Singh E-1 Location: 551 E. Francisuuito Avenue 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. Lieutenant Mark Dettor presented a brief report, which outlined the recommended denial of the Administrative Use Permit by the Police Department. Public Testimony Mayor Sanderson requested public testimony in favor of the appeal. Alan Forrester, attorney for the applicant, stated that a neighboring business actually falls outside the census tract of the subject property and cannot be included in determining "undue concentration." The information provided by the State Alcohol Beverage Control (ABC) was incorrect and the subject business was not in a census tract of undue concentration. Mr. Forrester provided a memorandum outlining issues supporting the appeal. Ajit Singh, applicant, stated he has another store in West Covina having no problems with the police department. In Favor The following individuals spoke in favor of the appeal: • Henry Hernandez, West Covina resident • Danny Recendez, La Puente resident • Maria Recendez, La Puente resident • Olendruff Timberlake • Subhjit Kaw • • Albert Diaz In Opposition The following individuals spoke in opposition of the appeal: • Absalon Delacruz • Joanne Wilner • Lloyd A. Johnson • Guadalupe Omelas • Martha Khadim Council minutes of February 21, 2006 Mayor Sanderson stated written correspondence was received by Mary L. Henry in opposition to the appeal. Rebuttal Mr. Forrester again addressed an error of El Monte ABC and said it was not located in an undue concentration area. • Testimony Closed With no further comments, Mayor Sanderson closed the public testimony portion of the hearing. Council Discussion Councilmember Touhey voiced his support of the appeal. Councilmember Touhey stated that even though there are two businesses in the area that sell alcohol, one of the businesses does not hold regular hours and the problems in the area are not necessarily the fault of the existing businesses. Assistant City Clerk Rush presented the following resolution: Resolution No. 2006-22 RESOLUTION NO. 2006-14 — A RESOLUTION OF THE CITY Denial of Appeal COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING ADMINISTRATIVE USE PERMIT NO. 05-39 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Herfert and seconded by Hernandez to waive further reading of the resolution, read by title only and adopt. Motion carried 3-2 with Touhey and Sanderson voting no. Public Hearing Zone Change No. 05-11 (24-Unit Condominium) Applicant: Andrew McIntyre, The McIntyre Company E-2 Location: 1838 E. Workman Avenue Councilmember Touhey stated he would abstain and stepped down from the dais due to work with a different division of the McIntyre Group. 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. Andrew McIntyre complimented staff and offered to answer any questions. Public Testimonv Mayor Sanderson opened the hearing and asked for public comments. John Scheuplein, West Covina resident, spoke in support of higher density in the area and suggested Council support affordable housing. Joanne Wilner, West Covina resident, felt action not necessary and requested clarification on the number of units proposed. Testimony Closed Mayor Sanderson closed the public testimony portion of the hearing. • Ordinance Introduced Assistant City Clerk Rush presented the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-11 FROM "MULTIPLE -FAMILY RESIDENTIAL" (MF- 20) TO "SPECIFIC PLAN NO. 22" (SP-22). i VE Council minutes of February 21, 2006 Motion Motion by Herfert and seconded by Lane to waive further reading of the ordinance, read by title only and introduce. Motion carried 4-0-1 with Touhey abstaining. Public Hearing Conditional Use Permit No. 05-01 • 2655 S. Citrus Street (South Hills Country Club) E-3 Wireless Communication Facility This item was held over to the meeting of March 21, 2006 at the beginning of the meeting. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting to convene the Community Development Commission meeting at 11:08 p.m. The City Council reconvened at 11:09 p.m. with all members present. DEPARTMENTAL MATTERS G-1 Community Development Commission Approval of the Lease and Development Agreement Between the City of West Covina and Dynamic Business Holdings, Inc. for the Development of a 2.6 Acre Portion of the Civic Center Property City Council moved forward Item G-1 to be discussed in conjunction with Item C-2 City Attorney's Office Consideration of Roominghouse Ordinance to Address G-2 Residential Group Homes Held Over Mayor Pro Tern Herfert requested this item be held to the March 21, 2006 Council Meeting. Community Services Department Proposed 2006 Summer Concerts and Friday Night G-3 Entertainment Series at the Lakes Motion by Herfert and seconded by Hernandez to approve the Thursday night 14-week summer concert series and Friday night 14-week "Live at the Lakes" for the estimated budget of $77,200, and to appropriate $56,240.39 from the Charter Communications Account Fund Balance to Account 203-57-51506166. Motion carried 5-0. CONTINUED ORAL COMMUNICATIONS None MAYOR'S REPORTS None COUNCILMEMBERS' REPORTS Due to the lateness of the evening, it was the consensus of Council to hold the following items over to the City Council meeting of March 7, 2006. J-1 Review of City Hall Security Issues • Councilmember Lane J-2 Automated External Defibrillators in City Facilities Mayor Pro Tern Herfert 605/10 Interchange and Interstate 10 HOV Lanes Between the J-3 605 and the 57 Freeways -10- Council minutes of February 21, 2006 • • Councilmember Touhey Renewal of Landscape Maintenance District No. 7 - Ordering J-4 of Engineer's Report COUNCILMEMBER REPORTS FROM CONFERENCES None. ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn at 11:10 p.m. Motion carried 5-0. Submitte by Assistant City dlerk Susan Rush May-o'r-Shelley Sanderson -11-