Loading...
04-04-2006 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 4, 2006 • Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Andrew Pasmant PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey, Councilmembers Hernandez (arrived at 7:09 pm), Lane, Sanderson Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Wills, Elliott, Yauchzee, McIsaac, Hoppe, Durbin, Samaniego, Chung, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the Community Development Commission agenda were announced for inclusion in the closed session discussion. All members were present except Commissioner Lane. Conference with Real Property Negotiators: 501 South Vincent Avenue — Briefing was provided, no final action was taken and there was nothing further to report.. Conference with Legal Counsel — Anticipated Litigation — One case — Briefing was provided to CDC with direction was given, no final action taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant removed Item D-6d, Proposed 2006 Street Fair at the Lakes Entertainment Center, from the agenda and will reschedule for a later date. Due to Rowland Unified School District not receiving a Public Hearing notice regarding Item'E-4, Mayor Herfert pulled the item forward for Council's consideration of a continuance. E-4 Public Hearing General Plan Amendment No. 05-06 Zone Change No. 05-10 Applicant: .Rowland Unified School District Location: 401 South Nogales Street, Nogales High School Motion by Sanderson and seconded by Hernandez to grant Rowland Unified. School District's request to continue the Public Hearing. Motion carried 5-0. Public Hearing was continued to a Special Meeting of the City Council on Tuesday, April 11, 2006. • PRESENTATIONS Blue Star Video was aired. PROCLAMATIONS Mayor Herfert presented Marilee Marrero, West Covina Librarian and Julie Sorensen, Children's. Librarian, with a proclamation recognizing National Library Week April 2 — 8. Council minutes of April 4, 2006 • Mayor Herfert presented Fire Captain Jim Rudruff and Cory Cisneros with a proclamation recognizing April as Earthquake Preparedness Month. ANNOUNCEMENTS City Manager Pasmant announced the following upcoming events: • April 8 — Saturday: Annual Egg Celebration 9:00 a.m. to 2:00 p.m. at the City Hall Civic Center • April 22 — Saturday: Earth Day Celebration 10:00 a.m. to 1:00 p.m. at the Civic Center Mayor Steve Herfert presented the following items he hopes to pursue with the Council during his term as Mayor: • Developing a format for more productive and orderly meetings • Website based emergency preparedness information • Adoption of a policy that allows Council to recognize citizens for outstanding contributions • Put western theme back in West Covina • Promotion of slogan — West Covina - My Town. ORAL COMMUNICATIONS Ted Tualla Ted Tualla, West Covina resident, voiced his opposition to the sale of the undeveloped portion of Shadow Oak Park on behalf of his neighborhood and said the City should continue with the original Master Plan for the park. Lloyd Johnson Lloyd Johnson, West Covina resident, complimented the Police Department on their professionalism during the recent student protest and addressed disrespect from the protestors. Terry Galzote Terry Galzote, West Covina resident, announced the P Annual Walk and Philippine Independence Day event. Ferdi Yambot Ferdi Yambot, also addressed the 108`h Philippine Independence Day celebration and requested the City co -host the event. Joanne Wilner Joanne Wilner, West Covina resident, addressed the abandonment and sale of park grounds. David Cox David Cox, West Covina resident, requested more information regarding Shadow Oak to become better informed and also addressed the lack of response to his phone calls from councilmembers. Grace Barrios Grace Barrios, West Covina resident, requested that any action on Shadow Oak Park have a thorough process with Commission and public input and stated she would like to see this council support the previous council's decision to move forward with Nogales' annexation. John Scheuplein John Scheuplein, West Covina resident, addressed issues of freedom of speech and constitutional rights. Herb Redholtz Herb Redholtz, West Covina resident, congratulated the new Mayor and Mayor Pro Tern and complimented former Mayor Sanderson on her leadership. Bruce Leinbach Bruce Leinbach, West Covina resident, addressed Shadow Oak Park and citizens desire to retain park area and develop the undeveloped area. -2- Council minutes of April 4, 2006 Royal] Brown Royall Brown, West Covina resident, requested monthly updates of the BKK Landfill and addressed disclosure of statements of economic interest for Mayor Pro Tern Touhey. George Ogden George Ogden, West Covina resident, congratulated new Mayor Herfert, requested Council support on two items on the agenda, AB 2923 and Kenneth S. Wrede Memorial Highway, and announced the upcoming dedication ceremony honoring Lillian Keil. Alfred Williams Alfred Williams, West Covina resident, presented over 790 signatures in support of preserving the undeveloped portion of Shadow Oak Park. Juan Reinoso Juan Reinoso, West Covina resident, provided an update of graffiti removal response time. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Mayor Herfert Procedures for Placing an Item on the Agenda for City Council C-1 Discussion Placing Items on Agenda Assistant to the City Manager Chris Freeland presented a brief report. Joanne Wilner, West Covina resident, requested that Council's decision will not be limiting or strict. John Scheuplein, West Covina resident, would not like to see any Councilmember be restricted from agendizing an item. Council engaged in discussion regarding the intent of this item. Mayor Herfert supported having at least Councilmembers interested in an issue prior to expending time and money on research for a report. Councilmember Hernandez felt it was going against the spirit of elected representation requiring a majority of Council prior to bringing the concerns of residents before the Council for consideration and did not support a Council majority to allow an item on the agenda. Mayor Pro Tem Touhey referenced the Council Standing Rules section 4f, which require a majority of Council for requests by Councilmembers for reports, studies or investigations that are not readily available. City Manager Pasmant stated the Council Standing Rules do not address timeframes for placing items on the agenda and addressed concerns of staff resources required and completing the agenda packet process timely with last minute or very late report requests. City Manager Pasmant requested a timeline of 5:00 p.m. on Tuesday, the week prior to the meeting for report requests. Motion Motion by Herfert and seconded by Lane to have agenda requests to staff by 5:00 p.m. Tuesday of the week prior to Council • meetings and to adhere to the Council Standing Rules adopted on February 2000. Motion carried 4 — 1 (Hernandez voting no). CONSENT CALENDAR Mayor Herfert requested that items D-6a, Amending the Chamber Lease to Authorize the Subleasing to Greg Benton, Attorney at Law, and D-6c, Resolution Supporting AB2923, for separate discussion. 3- Council minutes of April 4, 2006 City Council Meeting Minutes (receive & file) D-1 Special Meeting of January 17, 2006 City Council Minutes Regular Meeting of January 17, 2006 Special Meeting of February 7, 2006 Regular Meeting of February 7, 2006 • D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Senior Citizens 03/09/06 b) Planning 03/28/06 Ordinance for Adoption (waive reading & adopt) D-3 Annual Mayor's Rotation Ordinance No. 2148 ORDINANCE NO. 2148 — AN ORDINANCE OF THE CITY Mayor's Rotation COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING 2-21 RELATING TO THE SELECTION OF THE MAYOR AND MAYOR PRO TEM Award of Bid D-4 Award of Contract for Building Plan Check consultant for Building Plan Check Consultant Overflow and Expedited Services Recommendation is that the City Council authorize the Public Works_ Director/City Engineer and City Clerk to execute an agreement with AAE, Incorporated for overflow and expedited plan check services. D-5 City Treasurer's Report (receive & file) Treasurer's Report Report for the month of February 2006 Miscellaneous — Community Development Commission Amending the Chamber Lease to Authorize the Subleasing of D-6a Approximately 144 Square Feet to Greg Benton, Attorney at Law Chamber Lease Change Recommendation is that the City Council: 1. Approve amending the Chamber of Commerce Lease to authorize the Chamber to sublease 144 square feet to Greg Benton, Attorney at Law, at no cost, and, 2. Authorize the City Manager to prepare and execute all necessary documents thereto. Miscellaneous — City Attorney's Office Proposed Expense and Reimbursement Policy in Compliance D-6b with the Requirements of Assembly Bill 1234 AB 1234 - Expense & Recommendation is that the City Council review the draft Expense Reimbursement Policy and Reimbursement Policy, which satisfies the requirements of AB 1234, and adopt the policy. Miscellaneous — City Manager's Office Resolution Supporting AB2923 Reimbursement of Costs from D-6c Minors that Commit Graffiti and Vandalism Graffiti Costs Reimbursed Recommendation is that the City Council adopt the following resolution: Resolution No. 2006-23 RESOLUTION NO. 2006-23 — A RESOLUTION OF THE CITY AB2923 Graffiti Costs Reimbursed COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR AB2923 — REIMBURSEMENT OF COSTS FROM MINORS THAT COMMIT GRAFFITI AND VANDALISM Miscellaneous — Community Services Department D-6d Proposed 2006 Street Fair at the Lakes Entertainment Center This item was pulled off the agenda to be rescheduled for a later date. !Z! Council minutes of April 4, 2006 Miscellaneous — Police Department D-6e Resolution Supporting Kenneth S. Wrede Memorial Highway Kenneth S. Wrede Memorial Recommendation is -that the City Council adopt the following Highway resolution: Resolution No. 2006-24 RESOLUTION NO. 2006-24 — A RESOLUTION OF THE • CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING ASSEMBLY CONCURRENT RESOLUTION 104 DESIGNATING A PORTION OF THE INTERSTATE 10 FREEWAY THROUGH THE CITY OF WEST COVINA AS THE "KENNETH S. WREDE MEMORIAL HIGHWAY" Hardware and Other Items Related to West Covina Service D-6f Group (WSCG) CAD/RMS Software Migration WSCG Equipment and Software Recommendation is that the City Council: 1. Appropriate $575,000 from the WCSG retained earnings (Fund 375) to 375.31.8600.7160 for migration purchases: 2. Authorize the West Covina Service Group to purchase the hardware, software, and services listed in this report, incrementally, over the next 18 months; 3. Authorize the West Covina Service Group to modify and revise specifications of the equipment, software, and services listed in this report as needed and to purchase different quantities or alternatives as long as costs are within the funded amount and meet the business needs. Miscellaneous — Public Works D-6g Citywide Street Sweeping — Contract Amendment Street Sweeping Amendment Recommendation is to authorize staff to approve a contract revision to Nationwide Environmental Services agreement to provide a pass -through of fuel and landfill increases for street sweeping services. Standard Specifications for Public Works Construction 2006 D-6h Edition — Ordinance Introduction and Setting Specifications for Public Works Public Hearing Date Construction Recommendation is that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE 2006 EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION BY REPLACING AND ADOPTING SECTION 19-1 OF THE WEST COVINA MUNICIPAL CODE, and set May 2, 2006 as the date for a public hearing concerning adoption of the Standard Specifications for Public Works Construction, 2006 Edition. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey, to waive further reading of the ordinances and resolutions and adopt/introduce and approve all other items except Items D-6a, D-6c and D-6d. Motion carried by Roll Call vote: AYES: Hernandez, Lane Sanderson, Touhey, Herfert • NOES: None Item D-6a Amending the Chamber Lease to Authorize the Subleasing of Approximately 144 Square Feet to Greg Benton, Attorney at Law Community Development Director Chung presented a brief staff report. The Chamber of Commerce had requested authorization to enter into a Sublease Agreement for the use of office space. 5- Council minutes of April 4, 2006 Joanne Wilner, West Covina resident, addressed market value of space leased and whether it will be of value to the Chamber. John Scheuplein, West Covina resident, concurred with the previous speaker and felt the fee agreement with the attorney should be public information. • Following discussion on the market value of the office space, a motion was offered by Hernandez to approve the staff recommendation. Motion failed due to lack of second. Gary Lawson, Executive Director of the Chamber of Commerce, addressed the Council and stated there are three offices not being utilized in the Chamber and offered unused space to the City for use.1 The attorney to whom they plan to sublease will be of benefit to the Chamber staff for legal advise and to Chamber members by offering 30 minutes of legal advise for business related matters. n by Hernandez and seconded by Touhey to approve ling the Chamber of Commerce Lease to authorize the her to sublease 144 square feet to Greg Benton, Attorney at at no cost, and, authorize the City Manager to prepare and to all necessary documents thereto. Motion carried 5-0. Item D-6c Resolution Supporting AB 2923 Reimbursement of Costs from Minors that Commit Graffiti and Vandalism Mayor Pro Tern Touhey asked for a report on cost recovery when the City goes to court regarding minors who commit such acts of Scheuplein, West Covina resident, supported the bill. Redholtz, West Covina resident, also supported the bill. by Sanderson and seconded by Hernandez to adopt z no. 2006-23. Motion carried 5-0. Item D-6d Proposed 2006 Street, Fair at the Lake Entertainment Center Council concurred to move this item to a future meeting. PUBLIC HEARINGS Mayor Herfert requested to move Public Hearing Item E-3 Public Hearing Appeal of Administrative Use Permit No. 06-02 (Maximum Unit Size Exception and Large Expansion) Applicant: Steve Eide E-3 Location: 211 Grand Avenue Mayor Herfert announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing. Planning Director McIsaac presented the staff report detailing the proposed project and answered questions. The Planning Commission had denied the proposed two-story design of the applicant. Public Testimony Mayor Herfert opened the public testimony portion of the hearing andlasked for public comments in favor of the appeal. In Favor of Appeal Yvette and Javier Franco, applicants of the project presented aerial photos which, depict other two story homes in the area, and stated they would moved the home forward on the lot to mitigate privacy concerns of neighbors. -6- Council minutes of April 4, 2006 • 11 The following spoke in favor of the appeal. Valaiie Deen, West Covina resident. Richard Deen, West.Covina resident. Gisela Castanon, West Covina resident. Steve Eide, West Covina resident. Andres Mota, West Covina resident. Ruben Morena, West Covina resident. Opposed to appeal Esther Johnson, West Covina resident. Jerome & Kathy Thibodeau, West Covina resident. Joanne Wilner, West Covina resident. Councilmember Hernandez left the dais at 9:27 p.m. Rebuttal Yvette Franco offered rebuttal comments in reference to the placement of windows. Ms. Franco submitted photos showing the line of site from where the windows would be on the second story showing there would be no privacy issues. Closed Testimony Mayor Herfert closed the public testimony portion of the hearing. Council Discussion Councilmember Sanderson supported the expansion of homes due to increase costs and will support the project if the applicant can mitigate privacy issues with the neighbors by relocating the windows. Councilmember Lane stated a two story home is not harmonious in the area and there are privacy issues. Lane will support the applicants working with staff and neighbors to mitigate privacy issues and will support the review of a larger one-story house. Mayor Pro Tern Touhey suggested the project be returned to the Planning Commission to develop a compromise between the applicants and the neighbors. r Councilmember Sanderson suggested specifying conditions to modify windows to mitigate privacy issues, allowing the Planning director to make the final approval. Councilmember Lane stated she was opposed to a two- story project as it is not harmonious in size and scale of the neighborhood. Mayor Herfert stated he supported a two story design if it fits in the community and supported sending the project back to the Planning Commission. Motion Motion by Herfert and seconded by Lane to return the proposal to the Planning staff to modify the project, and meet with the neighbors' and applicant to mitigate privacy issues and then return to Council. Motion carried 4 — 0. Councilmember Hernandez will need to review testimony prior to participating when this item is brought back. Public Hearing FY 2006-2007 Community Development Block Grant (CDBG) E-1 Program Public Service Project Funding Mayor Herfert announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing and Community Services Director Samaniego presented the staff report. -7- Council minutes of April 4, 2006 • Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Julie Griffith, Citrus Valley Health Foundation, thanked the Council for their ongoing support. Ellen Sherwood, Center for Aging Resources, thanked the Council for consideration of their project. Vatche Kelartinian, Center for Aging Resources, thanked the Council for previous years' funding and consideration of funding for next year. Colleen Castellano, East San Gabriel Valley Coalition for the Homeless, requested consideration of funding. Testimony closed There being no others desiring to address Council, Mayor Herfert closed the testimony portion of the hearing. Motion Motion by Sanderson and seconded by Lane to approve the following: 1. Allocate $261,750 CDBG funds to the Public Service Projects in Attachment A of the staff report under staff recommendation Column S; and 2. Direct staff to allocate any additional CDBG program income funding received to the Domestic Violence Victim Advocate Program, not to exceed the program's FY 2005-2006 budget ($28,091); and 3. Direct staff to reduce funding allocations to all programs on a percentage basis, if the actual amount of program income received through June 30, 2006 is less than the projected $501,486; and 4. Fund the Housing Rights Center $15,000 as an administrative activity. Motion carried by 4 — 0. Public Hearing FY 2006-2007 Community Development Block Grant (CDBG) E-2 Action Plan Mayor Herfert announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Community Services Director Samaniego presented a brief staff report. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Joanne Wilner, West Covina resident, asked for clarification on park barrier removals, street rehabilitation areas proposed in the Action Plan and commented that the map of the City was not readable. Testimony closed There being no others desiring to address Council, Mayor Herfert closed the testimony portion of the hearing. Motion Motion by Sanderson and second by Touhey, to approve the FY 2006-2007 Community Development Block Grant Action Plan. Motion carried by 4 — 0. Council minutes of April 4, 2006 • is Public Hearing General Plan Amendment No. 05-06 Zone Change No. 05-10 Applicant: Rowland Unified School District E-4 Location: 401 South Nogales Street, Nogales High School This hearing was opened and continued to April 11 at 7:00 p.m. at the beginning of the meeting. COMMUNITY DEVELOPMENT COMMISSION Mayor Herfert recessed the City Council meeting at _10:10 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 10:15 p.m. with all members present except Councilmember Hernandez. DEPARTMENTAL MATTERS None. CONTINUED ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS Congressional Certificates Presented at Business Recognition I-1 Dinner Assistant to the City Manager Chris Freeland presented a brief staff report. John Scheuplein, stated he saw no need to agendize the items as it only brought further attention. Council discussion ensued surrounding the actions that took place at the recognition dinner for clarity to the public. Motion Motion by Touhey and seconded by Sanderson to receive and file this report. Motion carried 4-0. COUNCILMEMBERS' REPORTS Mayor Pro Tem Touhey requested an appeal to the OSH Site property for April 18, 2006 Council meeting. Councilmember Sanderson addressed comments under Oral Communications and her inability to attend the Arbor Day Event. She stated she would like information compiled regarding the parks on the south side of the City for distribution to the public. Councilmember Lane commented on the numerous conflicting events on Arbor Day. CONFERENCE AND MEETING REPORTS K-1 Conference and Meeting Report Not discussed. Carried over to the next regular meeting. ADJOURNMENT Motion by Sanderson and seconded by Touhey to adjourn the meeting at 10:35 p.m. Motion carried 4 — 0. Submitte y: As 'start City CI rk Susan Rush Q