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08-15-2006 - Regular Meeting - Minutes• 0 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL August 15, 2006 Mayor Pro Tem Touhey called to order the regular meeting of the West Covina City Council at 7:14 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Jim Han Good News Chapel PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Pro Tem Touhey, Councilmembers Herndndez, Lane, Sanderson Absent Mayor Herfert Others Present Pasmant, Nichols, Anderson, Fields, Freeland, Holtz, Hoppe, Jamison, McNeill, Morgan, Paul, Rush, Samaniego, Yauchzee REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. All members were present with the exception of Mayor Herfert. Conference with Labor Negotiators — Five (5) Employee Organizations - Confidential Employees, General Employees, Maintenance & Crafts Employees, Mid -Management Employees, Non -Sworn Safety Support Employees - Briefing was provided, direction was provided to negotiators, no final action taken and nothing further to report. CHANGES TO THE AGENDA None. PRESENTATIONS Blue Star Video was aired. ANNOUNCEMENTS City Manager Andrew Pasmant announced upcoming City - sponsored events. Nicole Shanenian, representative for Congresswoman Hilda Solis, announced that Veterans Care Day on Saturday, August 26`h ORAL COMMUNICATIONS Tyra Mason Tyra Mason, representing the Chamber of Commerce, promoted the Tuesday night street fair, upcoming Chamber sponsored events, and congratulated the new Chamber President, Carolina Chacon. Leonard Rose Leonard Rose, La Puente resident, commented on job opportunities through the Library. Juan Reinoso Juan Reinoso, Urban Graffiti, addressed comments made at a prior council meeting and issues on their contract with the City. Irene Fleck Irene Fleck, West Covina resident, complimented the joint programming in the courtyard, the Movies in the Park and the Library's End of Summer Reading Festival. City Council Minutes of August 15, 2006 John Scheuplein John Scheuplein, West Covina resident, commented on the Oral Communications guidelines, award of contract for property located at the Sportplex Site, Mayor Pro Tern Touhey's campaign disclosure statements, and the property at the K-Mart site. Royall Brown Royall Brown, West Covina resident, commented on storm drain repairs at the BKK Landfill site, various elements of the BKK Landfill Quarterly status report, and the Downtown Conceptual Plan. Joanne Wilner Joanne Wilner, West Covina resident, addressed signage at City parks, the acquisition of Shadow Oak Park, and the Graffiti contract. Milford Walker Milford Walker, West Covina resident, spoke on comments made by Mayor Herfert and Mayor Pro Tem Touhey at previous meetings and people's involvement in local politics. Jerry Graham Jerry Graham, West Covina resident, addressed the lack of traffic enforcement and other traffic issues on Pacific Avenue. Ed Scheilder Ed Scheilder, West Covina resident, addressed the Traffic Committee recommendation for the request at their June 20, 2006 meeting regarding Pacific Avenue. Edwin Molina Edwin Molina, West Covina resident, addressed the Traffic Committee review of issues on Pacific Avenue. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed property on San Bernardino Road, campaign spending and votes, and the need to ban smoking at the Concert Series. John Shewmaker John Shewmaker, West Covina resident, commented on the "tone" in our City government and public comments. Herb Redholtz Herb Redholtz, West Covina resident, spoke on his comments made at a previous council meeting. Ronald Vera Ronald Vera, Legal Counsel for Rowland Unified School District, spoke on the school district's interest in the Shadow Oak property. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Site Quarterly Status Report BKK Landfill Status Report Environmental Management Director Steve Samaniego presented the staff report highlighting changes since the last update on the landfill and answered questions regarding the Class I storm drain repair. City Manager Pasmant responded to the working relationship between the City and the various State agencies. Motion Motion by Hernandez and seconded by Sanderson to receive and file the report. Motion carried 4-0. • ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS C-1 Traffic Committee Minutes -Item from June 20, 2006 Pacific & Willow Following testimony from residents during Oral Communications, Council engaged in discussion and were in concurrence of the need to address the traffic issues on Pacific Avenue. 2 City Council Minutes of August 15, 2006 Motion Motion by Sanderson and seconded by Lane to bring back costs for the installation of a traffic signal at the intersection of Pacific Avenue and Willow Avenue. Motion carried 4-0. C-2 Graffiti Removal Contract RFP for Graffiti Services Environmental Management Director Steve Samaniego presented the staff report. Councilmembers Hernandez and Sanderson spoke of their support of the current contractor, Urban Graffiti. Councilmember Sanderson also complimented the Police Department Graffiti Task Force and requested the status of convictions of those apprehended. Motion Motion by Sanderson and seconded by Hernandez to renew the contract with Urban Graffiti. Councilmember Lane complimented Urban Graffiti but supported an RFP process. Ms. Lane supported staffs recommendation to delete graffiti removal on City owned street signs from the contract specs as it will possibly lower the bid. Mayor Pro Tem Touhey also supported the RFP process. Alternative Motion Following Council discussion Councilmember Hem2ndez offered an alternative motion to renegotiate the contract with Urban Graffiti with a caveat that City owned sign work be removed from the renewal rate proposed by Urban Graffiti, therefore lowering the $144,000 amount as proposed. Motion seconded by Sanderson. Motion failed by a 2-2 vote. (Lane, Touhey no). Motion by Sanderson and seconded by Hemandez to hold this item over to the next meeting. Motion carried 4-0. CONSENT CALENDAR D-1 City Council Meeting Minutes (receive & file) Special Meeting of June 13, 2006 Regular Meeting of June 20, 2006 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Planning Commission 08/08/06 Award of Bid D-3a Award of Bid for Holt Avenue Street Widening — Grand Avenue to Holt Avenue Widening East City Limit (Project No. SP-05104) Recommendation is to take the following actions: 1. Accept the bid of All American Asphalt in the amount of $518,771.30 as submitted at the bid opening on August 2, 2006, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 2. Approve a change order in the amount of $41,345 for other street improvements. 3. Transfer $45,000 from Account No. 121.81.8432.7200 to . 121.81.8522.7200; $41,000 from Account No. 122.81.8432.7200 and $290,000 from Account No. 122.81.8748.7200 to Account No. 122.81.8522.7200. D-3b Purchase of (CNG) Pickup Truck Purchase of CNG Pickup Truck Recommendation is to approve an award of purchase to Wondries Fleet Group of Alhambra, California for one 2004 Ford F150 CNG pickup truck for a total cost of $31,148.94 including sales tax and standard warranty. 3 City Council Minutes of August 15, 2006 40 Miscellaneous — Communications D-4a Proposed Telecommunication Network License and Next G Network License Encroachment Agreement with Next G Recommendation is to: 1. Approve the proposed Telecommunications Network License and Encroachment Agreement with Next G to encroach upon and occupy a portion of the Public Right -of -Way for the limited purpose of constructing, installing, operating, and maintaining licensed communications equipment to provide service to wireless carriers. 2. Authorize Licensee to attach appurtenances to certain identified City owned traffic light or streetlight poles. 3. Authorize the City Manager to execute the License and Encroachment Agreement. Miscellaneous — Community Services Department 4-b Establishing Clarification Language for Posted Signage at Park Signs Clarification Language City Parks and Recreational Facilities Recommendation is to adjust and clarify park signage language by approving the following Ordinance and Resolution: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO PARKS, RECREATIONAL AREAS, AND PUBLIC PLACES IN THE CITY Resolution No. 2006-71 RESOLUTION NO. 2006-71 - A RESOLUTION OF THE CITY Park Signs COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING CLARIFICATION LANGUAGE FOR POSTED SIGNAGE AT CITY PARKS, AND RECREATION FACILITIES CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Hernandez to waive further reading of the ordinance/resolution and introduce/adopt, and approve all other items on the consent calendar. Motion carried by the following roll call vote: . AYES: Hernandez, Lane, Sanderson, Touhey NOES: None ABSENT: Herfert PUBLIC HEARINGS 2006 Congestion Management Program (CMP) Conformance E-1 Self -Certification and Local Development Report (LDR) Congestion Mgmt. Program Mayor Pro Tern Touhey announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Pro Tern Touhey opened the hearing. Principal Planner Anderson presented the staff report. Public Testimony Mayor Pro Tem Touhey opened the public testimony portion of the hearing and with no one wishing to address the Council closed the public testimony. Assistant City Clerk Rush presented: Resolution No. 2006-72 RESOLUTION NO. 2006-72 - A RESOLUTION OF THE CITY CMP 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 4 City Council Minutes of August 15, 2006 0 0 Motion Motion by Sanderson and seconded by Hemandez to waive further reading of the resolution, and adopt. Motion carried 4-0. Public Hearing Appeal of Administrative Use Permit No. 06-22 (Recreational Equipment) Applicant: Eugene and Tochtli Hays E-2 Location: 936 W. Service Avenue 936 Service Ave. Mayor Pro Tem Touhey announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Pro Tem Touhey opened the hearing. Principal Planner Anderson presented the staff report and answered questions. Public Testimonv Mayor Pro Tem Touhey opened the public testimony portion of the hearing and asked for public comments. In favor Ed Hays, speaking on behalf of the applicants, presented photos and written documentation in support of the appeal and stated there had never been any objections to the parking of the boat by neighbors. Mr. Hays urged the Council to overrule the decision made by the Planning Commission. Jose Figueroa, West Covina resident and neighbor, supported the appeal. John Scheuplein, West Covina resident, also spoke in support of the appeal. In opposition Joanne Wilner, West Covina resident, requested the Council uphold the decision of the Planning Commission. Rebuttal Ed Hays stated there is no suitable alternative for the parking of the boat as there is no side yard access, and the requested AUP does meet the requirements of the City's ordinance for a second RV. Testimony Closed Mayor Pro Tem Touhey closed the public testimony. Council was in concurrence in supporting the appeal as they found no grounds for denial and no opposition from neighbors. Assistant City Clerk Sue Rush presented: Resolution No. 2006-73 RESOLUTION NO. 2006-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 06-22 ON APPEAL OF PLANNING COMMISSION ACTION Motion Motion by Hernandez and seconded by Lane to waive further reading of the resolution and adopt. Motion carried 4-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Pro Tem Touhey recessed the City Council meeting at 9:30 p.m. to convene the Community Development Commission. The City Council reconvened at 9:45 pm with all members present, except Mayor Herfert. DEPARTMENTAL MATTERS No reports for this meeting. City Council Minutes of August 15, 2006 MAYOR'S/COUNCILMEMBERS' REPORTS Councilmember Roger Hernandez' Request for an Update on Negotiations with Rowland Unified School District for Possible H-1 Acquisition of Shadow Oak Park Shadow Oak Park Mayor Pro Tern Touhey stated that he currently does not have a contract or any work with Abell-Helou, but since it was recently disclosed that they submitted a proposal for the subject property, he recused himself from discussion on this item. Mayor Pro Tern Touhey requested Councilmember Sanderson chair the meeting for this item. Assistant to the City Manager Chris Freeland presented the staff report, which provided a brief overview of the actions that have transpired between the City and Rowland Unified School District (RUSD) since receiving a letter of interest from RUSD on May 2, 2006. A 60-day negotiating period began on May 3, 2006 and expired on July 3, 2006. Councilmember Hernandez stated that RUSD had requested a declaration from the City as to the status of the property and request legal counsel's response. Deputy City Attorney Nichols stated that the procedures followed were in accordance with state law, that there is no provision that requires declaring land surplus. prior to initiating negotiations. Mr. Nichols further stated that not much detail can be stated regarding negotiations for property due to the possibility of litigation. Motion Due to the expiration of the 60-day discussion period regarding the property and opposition to sell the property by residents, Councilmember Hernandez made a motion to abandon any discussions and/or sale of the parkland. Council discussion continued regarding the disposition of the property, communications with RUSD, requirements under Government Code § 54222 and options regarding the property. Councilmember Sanderson called for a second to Councilmember Hecnandez's motion. Motion died for a lack of second. Motion by Hernandez and seconded by Sanderson to direct staff to communicate to Rowland Unified School District the status of the property. Motion carried 3-0. Traffic Signal at the Intersection of Francisquito Avenue and H-2 California Avenue Francisquito/California Aves. Mayor Pro Tern Touhey stated he had received letters from residents regarding traffic concerns in the area and discussed turn pockets at the intersection. Public Works Director Yauchzee stated a traffic study would determine what type of upgrades would be • needed. Motion by Touhey and seconded by Sanderson to send the request for upgrades to the Traffic Committee and to the office of Los Angeles County Supervisor Michael Antonovich as this intersection is joint with the County. Motion tamed 4-0 n. City Council Minutes of August 15, 2006 COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Request from Councilmember Roger Hernandez — I-1 Downtown Conceptual Plan Downtown Conceptual Plan Councilmember Hernandez requested Council support to submit a Request for Proposal (RFP) for development of the downtown area as 41 previously proposed as "Scenario C" of the Conceptual Plan. Motion by Hernandez and seconded by Sanderson to take the Downtown Conceptual Plan from the table for further discussion. Motion carried 4-0. • Council engaged in discussion as to options and alternatives to the development of the downtown area. Council's ideas/requests included the following as their main points of interest - • to seek development proposals (RFP) on the west side of Glendora, (Wickes site) possibly incorporating a portion of Lakes Drive, • meet with owners and tenants of west side businesses concurrently with the RFP process, • request through the RFP process different types of proposals, some proposals with mixed use development, • not relocate or eliminate any parking on the cast side business area, • meet with businesses on the east side to develop a rehabilitation plan to upgrade the facade of the businesses. Community Development Commission Director Chung stated an RFP incorporating the Councils requests will be brought back for their review before releasing and suggests the RFP be out for a minimum of 30 days for a good response. Motion by Hernandez and seconded by Sanderson to — 1. Direct staff to release a 60 day RFP incorporating the ideas/requests of Council (or 90 days, depending on legal requirements), concurrent with offering Owner Participation rights with the property owner. (GVD); 2. Conduct meeting with the business owner within 45 days for input. 3. Possibly conduct a field trip to view other revitalized areas in other communities. Motion carried 4-0. Councilmember Lane left the dais at 11:00 p.m. Request from Mayor Pro Tern Michael Touhey Requesting the City Council to Consider Dedicating a City Tree in Memory of I-2 Jacob Field and Benny Rodriguez, Jr. Dedication of City Trees Mayor Pro Tern Touhey requested the development of a policy to plant trees in memory of two individuals who passed away. Motion by Sanderson and seconded by Hernandez to agendize the request for the following meeting. Motion carried 3- 0. Il City Council Minutes of August 15, 2006 COUNCILMEMBER COMMENTS Councilmember Sanderson requested staff to look into issues relating to an experience she had with Animal Control. Staff will provide a Thursday memo of their findings. O Councilmember Hernandez provided a brief update of a California League conference he attended at the end of July. 111111111IR161DWI I Submitted by Zf ssistant City erk Susan Rush • Motion by Touhey and seconded by Sanderson to adjourn the meeting at 11:10 in memory of Commissioner Solis' father and Ester Snyder. Motion carried 3 — 0 Ill