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03-07-2006 - Regular Meeting - Minutest • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 7, 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 PLEDGE OF ALLEGIANCE ROLL CALL Absent: Pastor Jim Wem Bethany Baptist Church Mayor Pro Tern Herfert Mayor Sanderson, Mayor Pro Tem Herfert Councilmembers Lane, Touhey Councilmember Hernandez Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Wills, Elliott, Yauchzee, McIsaac, Hoppe, Durbin, Samaniego, Chung, Whithom, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The special meeting of the CDC commenced at 5:45 p.m. with all members present with the exception of Commissioner Hernandez. Prior to convening into closed session, all items on the Community Development Commission agenda were announced for inclusion in the closed session discussion. Conference with Real Property Negotiators: 730 South Orange — The record should reflect that Commissioner Touhey rescued himself from participation because of prior contractual relationships. This matter was not discussed this evening, no final action taken and nothing further to report. Conference with Real Property Negotiators: Parcels 1, 2, 3, 4, 5, 6 and 7 of Parcel map 60193 — The CDC unanimously voted [4-0, Hernandez absent] to provide direction to the Executive Director to execute a third amendment to the existing disposition development agreement to modify the terms of sale on this agreement. CHANGES TO THE AGENDA None APPROVAL OF MINUTES The following minutes were approved as presented: Special Meeting of November 1, 2005 Regular Meeting of November 1, 2005 Special Meeting of November 15, 2005 Regular Meeting of November 15, 2005 PRESENTATIONS Blue Star Video was aired. Mayor Sanderson, assisted by Police Chief Wills, presented Bill Clark with a certificate of recognition for over 15,000 volunteer hours with the West Covina SHOP program, Seniors Helping Our Police. Mayor Sanderson, assisted by Assistant City Manager Artie Fields, presented resolutions of commendation to the following commissioners recognizing their service: • Sherri Lane, Planning Commissioner • Corey Warshaw, Planning Commissioner Council minutes of March 7, 2006 • Stuart York, Planning Commissioner • Bill Roe, Planning commissioner was unable to attend. PROCLAMATIONS Mayor Sanderson presented Tony Wei, Volunteer Leader for the San Gabriel Valley/Pomona Valley Red Cross, a proclamation proclaiming March as American Red Cross Month. ANNOUNCEMENTS City Manager Pasmant announced upcoming City events: Public Safety Luncheon — 3/16/06 Used Oil and Recycling Event — 3/18/06 First Annual Community and Senior Expo — 3/25/06 Egg Celebration at the West Covina Civic Center — 4/8/06 ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Council for efforts to help clean up a house in an unincorporated area. Royall Brown Royall Brown, West Covina resident, commented on advertising signs that have been illegally posted and political signs that are posted outside the time frame of the City ordinance. John Scheuplein John Scheuplein, West Covina resident, expressed concerns about police staffing levels, the length of time, which constitutes a conflict of interest and asked Mayor Pro Tem Herfert about pervious comments made regarding political literature. City Manager Pasmant replied the City is currently in the recruitment process for police officers. City Attorney Alvarez-Glasman stated a conflict period generally is a twelve-month period. Mayor Pro Tem Herfert addressed the speaker's concerns regarding monetary donations to the political action committee. Tyra Mason Tyra Mason, representing the West Covina Chamber of Commerce and the Lions Club, complimented staff on the recent Business Recognition Dinner, promoted the West Covina Farmers Market and announced upcoming Chamber sponsored events. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS C-1 City Attorney's Office Rooming House Consideration of Rooming House Ordinance to Address Residential Group Homes City Attorney Alvarez-Glasman presented a brief staff report. The proposed resolution would refer the matter to the Planning Commission to review the proposed amendments to the zoning code. The proposed amendments would provide for the regulation of renting individual rooms within a dwelling. Councilmember Touhey requested to include in the proposed ordinance that rooming houses be subject to gross receipt tax such as apartment complexes due to the higher level service that is often required. Shirley Buchanan, West Covina resident, supported the initiation of the proposed amendments and the opportunity for residents to express their concerns at the Planning Commission. Ms. Buchanan also inquired as to the level of homeowners insurance required. Motion Motion by Herfert and seconded by Touhey to adopt the resolution referring the matter to the Planning Commission for review and processing and to include review of a gross receipts tax. Ir41 Council minutes of March 7, 2006 • • Councilmember Touhey requested that the Board of Supervisors be contacted to see if there is an avenue in which the police department can be contacted if incidents at group homes are reported to County agencies enabling our police department to be aware. Assistant City Clerk Rush presented: Resolution No. 2006-15 RESOLUTION NO. 2006-15 - A RESOLUTION OF THE CITY Initiate Code Amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Rooming Houses INITIATING A CODE AMENDMENT TO THE WEST COVINA ZONING CODE, CHAPTER 26, PERTAINING TO THE REGULATION OF ROOMINGHOUSES Motion Motion by Touhey and seconded by Lane to waive further reading of the resolution and approve as amended. Motion carried 4-0. C-2 Councilmembers Reports City Hall Security Review of City Hall Security Issues Police Chief Wills presented a brief update of measurers that have been implemented at the Council Chambers and surrounding City Hall area. Chief Wills also stated all security measurers cannot be disclosed publicly. John Scheuplein, West Covina resident, addressed restricting the upper viewing level of the chambers to employees only during City Council meetings. Royal Brown, West Covina resident, addressed issues with restricting resident viewing in the upper level. Joanne Wilner, West Covina resident, also addressed the issue of restricted seating in the upper level. City Manager Pasmant suggested that a sound speaker be added in the Community Room enabling residents who wish to leave the Chamber to have a discussion, to listen to the Council meeting. Council discussed the need for security measures and it was Council consensus to accept the measures implemented by the police department. Motion Motion by Herfert to receive and file the report. Councilmember Touhey commented the Council is receptive to the residents concerns and supported improvements to the quality of sound. Amendment to Motion Councilmember Touhey seconded the motion with the addition of an amendment that staff look into adding speakers to improve the quality of sound. Herfert accepted the amendment. Action Motion carried 4-0. C-3 Councilmember Lane Defibrillators Automated External Defibrillators in City Facilities Fire Captain Whithom presented the staff report. Joanne Wilner, West Covina resident, inquired as to whether a defibrillator was recommended for City Hall and if not, suggested one be placed there. Bernie Wilner, West Covina resident, also suggested a defibrillator be placed at City Hall. -3- Council minutes of March 7, 2006 Councilmember Lane inquired at to whether the defibrillator slated for the pool could be located at the Senior Center until the Senior Center defibrillator is purchased. City Manager Pasmant stated yes. • Motion Motion by Lane and seconded by Touhey to approve the recommendation of staff to 1) purchase the defibrillators by appropriating $6,627 from the General Fund Reserve to Account 110.51.5110.6120 to fund the start-up and first year costs of the public access defibrillation program, which includes one defibrillator at the Cameron Community Center and Senior Center, 2) direct staff to initiate the process to meet the HUD requirement to the purchase of a defibrillator at the Senior Center using CDBG Rinds, and 3) budget in the upcoming budget process, defibrillators in all City facilities, using CDBG funds and seek grant funding. Motion carried 4-0. C-4 Councilmember Herfert 605/10 Interchange 605/10 Interchange and Interstate 10 HOV Lanes Between the 605 and the 57 Freeways Assistant to the City Manger Freeland presented the staff report. Mayor Pro Tern Herfert stated he would like staff to contact other cities in the San Gabriel Valley to gain support for this resolution and bring it to the attention of the State Legislature and the Governor, the need for improvements. Assistant City Clerk Rush presented the following resolution: Resolution No. 2006-16 RESOLUTION NO. 2006-16 - A RESOLUTION OF THE CITY 605/10 Interchange OF WEST COVINA COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR THE COMPLETION OF IMPROVEMENTS TO THE 605/10 INTERCHANGE AND THE EXTENSION OF INTERSTATE 10 HOV LANES BETWEEN THE 605 AND 57 FREEWAYS Motion Motion by Herfert and seconded by Touhey to waive further reading of the resolution and approve and to have staff contact neighboring cities and the state legislature to gain support for the resolution. Motion carried 4-0. C-5 Councilmember Touhey Maintenance District 7 Renewal of Landscape Maintenance District No. 7 — Ordering of Engineer's Report Councilmember Touhey gave a report explaining his concern for two different levels of tax assessments within Maintenance District 7, stating that both unimproved and improved lots should be assessed equally. Assistant City Clerk Rush presented: Resolution No. 2006-17 RESOLUTION NO. 2006-17 - A RESOLUTION OF THE CITY Maintenance District 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2006-2007 Motion Motion by Touhey and seconded by Lane to waive further reading of the resolution and adopt and implement alternative 2 of the staff M Council minutes of March 7, 2006 report to change the current rate structure to allow the assessment rate for undeveloped lots equal to the assessment rate of developed lots and not to increase the assessment rate for the developed lots in Fiscal Year 2006-2007. Motion carried 4-0. CONSENT CALENDAR Councilmember Touhey stated he would abstain from item D-2 because he worked for a company owned by the McIntyre • Company. Royall Brown, West Covina resident, speaking on item D-3b, Galster Park Hiking Trails Construction, expressed his concerns regarding the bid process, questioning the cost submitted for cameras and suggested the project be re -bid. Public Works Director Yauchzee stated the bid included additional work options and the Council can provide direction to remove any of the additional options. Mr. Yauchzee stated the variance of the bids submitted for the security camera is typical of any bid process. Following discussion of the options, it was Council consensus to move forward with the project and to include the additional work options of the security cameras and fencing but to remove the additional option of the nature center slab. John Scheuplein, West Covina resident, spoke on item D-3b, Galster Park Hiking Trails, and expressed concerns over the fencing at Galster Park. He also spoke on a non-agendized item. Mr. Scheuplein also expressed his concern regarding the Council's decision to deny the Dynamic Investment project. Joanne Wilner, West Covina resident, speaking on item D-3b, Galster Park Hiking Trails, addressed issues regarding Galster hiking trail bids, concerns regarding fencing, the cement slab and expressed concerns over where the funding for this project was coming from. Councilmember Touhey stated that Galster Park is a Wilderness park that benefits the whole community so funding from all park districts is eligible for this project. D-1 Commission Summary of Actions (receive and file) Summary of Actions a) Community Service 02/14/06 b) Human Resources 01/11/06 c) Planning 02/28/06 d) Senior Citizens 02/09/06 Ordinance for Adoption (waive reading & adopt) Zone Change No. 05-11 (24-Unit Condominium) Applicant: Andrew McIntyre, The McIntyre Company Location: 1838 East Workman Avenue Ordinance No. 2147 ORDINANCE NO. 2147 - AN ORDINANCE OF THE CITY Zone Change No. 05-11 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) •Award of Bid D-3a Award of Bid for Heritage Gardens Park Hiking Trails Heritage Gardens Hiking Trail Construction (Project No. PP-05207B) Recommendation is that the City Council accept the bid of Green Giant Landscape in the amount of $567,000 as submitted at the bid opening on February 14, 2006, for the construction of new pedestrian recreational facilities at Heritage Gardens Park, and -5- Council minutes of March 7, 2006 authorize the Public Works Director/City Engineer and City Clerk to execute the contract. D-3b Award of Bid for Galster Park Hiking Trails Construction Galster Hiking Trail (Project No. PP-04208B) Recommendation is that the City Council accept the bid of Green Giant Landscape in the amount of $898,000 as submitted at the bid • opening on February 14, 2006, for the restoration of hiking trails and recreational facilities at Galster Park and the recommended additional work options, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. D-3c Award of Bid for City's Fireworks Display and Approval of Fireworks Display Fireworks Displays at West Covina High School and Faith Community Church Recommendation is that the City Council: 1. Accept the bid of Fireworks America in the amount of $46,750 (cumulative) for a three-year period and to authorize staff to sign necessary agreements for a three-year contract, commencing July 2006 and expiring July 5, 2008; and 2. Approve fireworks display at West Covina High School to be held on June 22, 2006; and 3. Approve fireworks display at the City of West Covina Independence Day Celebration to be held on July 2, 2006; and 4. Approve fireworks display at Faith Community Church to be held on July 4, 2006. D-4 Traffic Committee Minutes Traffic Committee Recommendation is to accept and file the Traffic Committee minutes of the meeting of February 21, 2006. D-5 City Treasurer's Report (receive and file) Treasurer's Report Report for the month of January 2006 Miscellaneous - Planning Department D-6a Resolution for Adoption Dynamic Investments General Plan Amendment No. 04-03 Applicant: Dynamic Investments Location: Southeast Comer of West Covina Parkway and West Garvey Avenue South (Civic Center) Recommendation is that the City Council adopt the following resolution: Resolution No. 2006-18 RESOLUTION NO. 2006-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT NO. 04-03 Miscellaneous — Public Works D-6b Adoption of the Disadvantaged Business Enterprise Disadvantaged Business Program Program (Fiscal Year 2005-2006) in Order to Receive Federal Funds for Street and Signal Improvements Proiects Recommendation is that the City Council adopt the following • resolution: Resolution No. 2006-19 RESOLUTION N0.2006-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (FISCAL YEAR 2005- 2006) AND DIRECTING ITS IMPLEMENTATION Council minutes of March 7, 2006 D-6c Transportation Funding Resolution No. 2006-20 C7 Miscellaneous — City Manager's Office Support for Constitutional Amendment to Secure Local Transportation Funding Recommendation is that the City Council adopt the following resolution: RESOLUTION NO. 2006-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR A CONSTITUTIONAL AMENDMENT CLOSING THE PROPOSITION 42 LOOPHOLE AND SECURE LOCAL TRANSPORTATION FUNDING CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further reading of the ordinances and resolutions and adopt, and approve all other items, modifying item D-3b by removing the additional option of the nature slab. Motion carried 4-0 on all items except Item D-2, which carried -by a vote of 3-0-1 with Touhey abstaining. COMMUNITY DEVELOPMENT Mayor Sanderson recessed the Council meeting at 9:07 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 9:20 p.m. with all members present. COUNCILMEMBER COMMENTS Mayor Pro Tern Herfert and Councilmember Touhey expressed concerns over the discriminatory actions of a legislative official at the West Covina Business Recognition Dinner. Mayor Sanderson complemented those who put the event together and shared Councilmember Touhey and Mayor Pro Tern Herfert's concerns. She also reminded residents that if they have concerns they may contact Councilmembers and staff outside of City Council meetings. She stated that non-agendized items cannot be addressed outside of Oral Communications. Councilmember Touhey stated the City has and will continue to accommodate all citizens who wish to participate in Council meetings. ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at 9:26 p.m. Motion carried 4 — 0. Submitt by Assistant City derk Susan Rush • Mayor Shelley Sanderson -7-