06-17-2003 - Regular Meeting - Minutess
•
MINUTES
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
JUNE 17, 2003
Mayor Herfert called to order the regular meting of the West Covina City Council at 7:11 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Craig Johnson of Faith
Community Church gave the invocation and Mayor Herfert led the Pledge of Allegiance. Immediately
following, the Blue Star video was aired.
ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmembers:
Hernandez, Sanderson, and Wong
Others Present: Fields, Alvarez-Glasman, Yauchzee, Gardner, Janis, Schimanski,
Nguyen, Wills, Durbin, Hoppe, Houston, McIsaac, Sindelar,
Semblantes, Anderson, Bommarito, Carter, Samaniego, Tedesco,
Morgan, Hernandez, Urban, Dewus, Smilowitz, Yuasa-Wang,
Lake, Berry
PRESENTATIONS Edward Ochotorena, Supervisory Senior Resident Agent of the
FBI Office in West Covina, presented the following Certificates of
Recognition for assisting with Homeland Security issues,
specifically the interviewing of Irag nationals/former nationals and
individuals with ties to the ba'ath party, etc.
Detective Dario Aldecoa
Detective Roosevelt Austin
Detective Patrick Cirrito
Detective John Cloud
Detective Scott Fahey
Detective Michelle Figueroa
Detective Cruz Garcia
Detective Walt Hauser
Detective Lori Hayden
Detective David lee
Detective Rudy Lopez
Detective Dan Nalian
Detective Steve Wheeless
Detective Neil Hopkins
Detective Don Preston
Officer Larry Love
Corporal Brian Moen
Officer Jeffery Munn
Sergeant Mike Ferrari
Sergeant Dave Melnyk
Lieutenant Marc Taylor'
Commander John Schimanski
Chief Frank Wills
Mayor Herfert announced County of Los Angeles Older American
Recognition Day Honoree, Jesus Torres, who was nominated by
City staff and participants from the Senior Citizens Center. The
Senior Citizens Center Supervisor, Vanessa Carter accepted the
Certificate on behalf of Mr.`Torres, who was not able to attend the
meeting this evening.
Council Minutes 6/17/03
•
Mayor Herfert presented a Resolution of Commendation to
outgoing Personnel Commissioner Roberta Azpeitia.
Mayor Herfert called forward Julia Miele, Director of Community
Services for the American Cancer Society, and Dr. Sandra Koyama
from Kaiser Permanente Baldwin Park, who spoke on the 5K
Walk, scheduled for June 21 from 8:30 to 12:00 noon in West
Covina. Dr. Koyama addressed the need for early detection, which
gives a victim a high rate of cure from this symptom -less disease.
Mayor Herfert called forward the following women who have been
nominated by the City of West Covina to receive a Certificate of
Recognition as honorees of the Women of Achievement Awards:
Councilmember Shelly Sanderson
Commissioners: Karin Armbrust
Frankie Baker
Rita Heieck
Sherri Lane
Shirley Markowitz
Candice McIntosh
Cookie Nance
Mary Newlin
Michelle Roe
Rickie Santell
Sandra Tayor
Gloria Vargas
Mayor Herfert presented a Certificate to Sandra Taylor for her
services on the Senior Citizens Commission from 1998 to 2003
and reminded the audience that she has been appointed to the
Waste Management/Envirommental Quality Commission.
Mayor Herfert presented a Certificate to John Scheuplein for his
services on the Planning ' Commission from 2000 to 2003 and
reminded the audience that he has been appointed to the Senior
Citizens Commission.
ANNOUNCEMENT City Clerk Berry announced the following commission
appointments:
Councilmember Miller' appointed' Michele Roe to the Community
Services Commission.
Mayor Herfert appointed John Scheuplein to the Senior Citizens
Commission.
Councihmember Hernandez appointed the following individuals:
Shannon Baker to the Community Services Commission
Mary Grace Barrios to'the Community Services Comm.
Lydia Lota'to the Senior Citizens Commission
Sandra Taylor: Waste Mngt/Environmental Quality Com.
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that: the City Council/
RDA Board convened at 6:05 pm and public comment was
received prior to the Redevelopment closed session; that the City
Council received a briefing from the City Attorney regarding the
two existing litigation matters with no final action taken; that re the
FA
Council Minutes 6/17/03
•
•
CHANGES TO THE AGENDA
APPROVAL OF MINUTES
RDA property negotiations re Barranca I, LLC, there was no final
action taken; and there is nothing further to report.
No changes made.
The following minutes were approved as presented:
Special meeting of April 15, 2003
Regular meeting of April 15, 2003
Special meeting of May 7, 2003
ORAL COMMUNICATIONS
John Scheuplein John Scheuplein, 1800 Aroma Drive, #247, discussed the state's
budget situation and its impact on the City. He urged Council to
pave the way for citizens to volunteer to offset some of the impact.
Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, responded to a picture in
the San Gabriel Daily Tribune which had a picture of the City of
West Covina flag. She related a 1976 flag design contest at which
time the official City flag was approved and adopted. She pointed
out the flag, hanging behind the City Council next to the American
flag and the flag of California.
Thomas O'Donnell Thomas O'Donnell, 1024 E. Charlinda, noted that his area belongs
to a Neighborhood Watch program and they have just signed up to
take the Community Emergency Response Team program offered
by the West Covina Fire Department. He encouraged Council to
not reduce either the Fire or the Police Department's budget.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, noted that the City of Artesia
is facing a similar situation to West Covina with one of its
Assemblymembers wishing to 'rename part of Artesia as Little
India. He said there was general opposition to that as there is here
against renaming a portion of West Covina as Little Manilla.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Human Resources Commission 5/14/03
Planning Commission 6/10/03
Ordinance for. Adoption (waive reading & adopt)
Ordinance 2102 - ORDINANCE NO. 2102 — AN ORDINANCE OF THE CITY
Game/Internet Centers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA 'MUNICIPAL �. CODE TO COMPUTER GAME/
INTERNET ACCESS CENTERS (Code Amendment No. 02-04)
Miscellaneous — Environmental Management
BKK Landfill Closure Plans Monthly Status
Recommendation is to receive and file the report.
Miscellaneous = Public Works
Formation of Underground Utility District No. 7
Underground Dist. No 7 Recommendation is to take the following actions:
1. Review and approve the City Engineer's Report.
2. Approve the proposed boundary of Utility District No. 7.
3. Set August 5, 2003 at 7 pm as the date and time for the
public hearing concerning Underground Utility Dist. No. 7.
Council Minutes 6/17/03
Azusa Avenue Relinquishment Legislation
Azusa Avenue Recommendation is to authorize the Public Works Director/City
Engineer to ask our state legislators to introduce legislation that
proposes the relinquishment of State Route 30 — Azusa Avenue
between Badillo Street and North Garvey Avenue to the City of
West Covina.
Miscellaneous — Police Department
Using State S.L.E.S.F. Grant Funds for Motorcycle Purchases and
Continued F.A.S.T. Helicopter Coverage
Recommendation is to authorize the following actions involving
Supplemental Law Enforcement Services Funds:
1. Authorize the purchase of three BMW R1150 RT-P
motorcycles from Brown Motor Works of Pomona (the local
distributor for the sole -source police buy-back program offered
by BMW) for $60,126.00, including tax and freight, from
Account #155-320-2110-7170.
2. Authorize the payment of $70,408.00 to the City of Pasadena
for continued participation in the FAST Helicopter program,
from Account #155-320-2110-7160.
3. Authorize suitable appropriation transfers within the
Supplemental Law Enforcement Services Fund for these
expenditures (from #155-320-2110-5XXX to #155-320-2110-
7170 and #155-320-2110-7160).
Miscellaneous — Finance Department
Appropriations Limit for Fiscal Year 2003/2004
Recommendation is to adopt the following resolution:
Resolution 2003-53 RESOLUTION NO. 2003-53 - A RESOLUTION OF THE
Appropriations Limit CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT
FOR THE FISCAL YEAR ENDING JUNE 30, 2004
Miscellaneous — Human Resources
Revised Classification Specifications for Police Commander
Recommendation is to adopt the following resolution:
Resolution 2003-56 RESOLUTION NO. 2003-56 — A RESOLUTION OF THE
Class Specs: Police Commander CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 7223, RELATING
TO CLASSIFICATION ' AND COMPENSATION OF
POSITIONS, AS AMENDED; AND APPROVING THE
REVISED CLASSIFICATION SPECIFICATION FOR POLICE
COMMANDER
CONSENT CALENDAR ACTION Motion by Miller and seconded by Herfert to waive further reading
of the resolutions/ordinance and adopt; and to approve all other
items except: B-2, B-3b, and B-3d. Motion carried by roll call
vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
Item B-2 In relation to Item B-2 (Ordinance for Adoption), Mayor Herfert
• wished to have a separate motion on the ordinance.
Motion by' Miller" and seconded by Hernandez to waive
further reading of the ordinance and to adopt. Motion carried 3-2
with Sanderson and Herfert voting no.
Item B-3b In relation to Item B-3b. (Formation of Underground Utility
District No. 7), Councilmember Wong stated that he did not
receive the Engineer's Report in his agenda packet and would
abstain on the vote on this'issue:'
n
Council Minutes 6/17/03
If Al ,...
Motion by Sanderson and seconded by Miller to approve
the staff recommendation. . Motion carried 4-0-1 with Wong
abstaining.
Item B-3d In relation to Item B-3d (Using State S.L.E.S.F. Grant for
Motorcycle Purchase and Helicopter Coverage), Councilmem-
ber Wong requested staff to report back with other options for the
• use of the grant funds.
Police Chief Wills responded to questions and comments.
Motion by Sanderson and seconded by Herfert to approve
the staff recommendation.
Councilmember Miller stated that he would not support this
item this evening due to his concerns with the budget. Council -
member Hernandez concurred with budgetary concerns; however,
the items being covered are coming from grant funds.
Motion carried 3-2 with Miller and Wong voting no.
HEARING GENERAL PLAN AMENDMENT NO. 01-04
HOUSING ELEMENT UPDATE (1998-2005)
NEGATIVE DEC. OF ENVIRONMENTAL IMPACT
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Planning Director McIsaac introduced
the hearing matter and then introduced Jeff Golden, the consultant
who prepared the Housing Element Update, who gave a Power -
Point presentation on the update and responded to questions and
comments from Council.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for comments first in favor and then in opposition. No
one addressed the City Council.
Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, spoke from a
neutral position, stating that the City was in need of redoing the
General Plan, more code 'enforcement hours, and suggested
volunteer code enforcement officers. She suggested further that
the City set a height limit of three stores and approve mixed -use
buildings.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing to
commence Council discussion.
Motion by Miller and'scconded by'Wong to accept the Housing
Element and direct staff to submit it to the California Department
of Housing and Community " Development for review and
comment. Motion failed 2-3 with Hernandez, Sanderson, and
Herfert voting no.
HEARING CONTINUED PUBLIC HEARING —
isMayor Herfert stated that this hearing was continued from June 3'"
and Interim Community Services Director Samaniego presented
the staff report.
Public Testimonv Mayor Herfert asked if there was anyone in the audience who
wished to address this issue and the following spoke:
Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, commented on several
aspects of the fees and charges. She did suggest that not -for -profit
5
Council Minutes 6/17/03
organizations that wish to rent the City facilities pay the rental fee;
at this time those fees are waived. The vending machines at the
park facilities should be filled with nutritious food, not junk food.
Testimony closed As there was no one else desiring to address Council on this issue,
Mayor Herfert closed the public testimony portion of the hearing.
Council discussion ensued regarding fees for non-residents, not -for
profit organizations, and the recovery for services and programs.
Council also discussed the definition of "resident."
Action Motion by Miller and seconded by Wong to continue this matter to
July 15 and address the issue of full recovery with a 10% discount
for residents, no discount for non -profits, a 60% or 70% residency,
the definition of "resident," and have staff prepare a clarification
on the restrictions relating to grant funds. Motion carried 4-1 with
Sanderson voting no. She felt the Council had spent enough time
on this issue and leave the status quo.
HEARING CONTINUED PUBLIC HEARING
TERMINATION OF CABLE TV CONTRACT
Motion by Sanderson and seconded by Hernandez to continue this
item to July 15, 2003 in order to allow staff to meet with Charter
Communications and present the City's counter offer. Motion
carried 5-0.
Recess Mayor Herfert recessed the City Council meeting at 9:31 pm. The
City Council reconvened at 9:45 pm with all members present.
HEARING APPEAL OF TENTATIVE TRACT MAP NO.54099
APPEAL OF PRECISE PLAN NO.02-15
APPEAL OF VARIANCE NO. 02-07
NEGATIVE DEC. OF ENVIRONMENTAL IMPACT
Applicant/Appellant: Robert Hirsch — West Covina Royale
Location: 34-Unit Townhouse Condominium
Proiect at 3480 E. Temple Way
City Clerk Berry'verified' the affidavit of publication and Mayor
Herfert opened the hearing: Planning Director McIsaac presented
the staff report and responded to questions.
Public Testimony Mayor Herfert asked for comments in favor of the appeal and the
following addressed the City Council:
In Favor:
Robert Hirsch Robert Hirsch, applicantlappellant, described the project
and explained the' changes made -in response to the concerns
expressed at the previous meeting.
Linda Segawa Linda Segawa, Director _ of Business Operations for the
Covina -Valley Unified School District. She discussed the need for
. a school bus for the new project area and currently there is no
money to purchase a bus. .
Norm Richman Norm Richman, 3432. Cortez Street, asked about the venti-
lation system for the underground parking and the living quarters
at the same level.' Public' Works Director Yauchzee responded.
In Opposition: `' 1 " . ' A
Ron Lee Ron Lee, 3542 E' Holt Avenue, stated that there is no parking now
on Temple and can't imagine it handling more traffic coming from
6
Council Minutes 6/17/03
L
•
this project. A hospital had originally been proposed and that is
what it should be.
Ann Lee Ann Lee, 3542 E. Holt Avenue, was disappointed to see that the
project had been reduced by only four units. She was hoping to
see a much greater reduction, because it will still be too dense.
La Donna Davis La Donna Davis, 616 N. Vincent Avenue, stated that she is in
favor of the project because the adjacent project belongs to the
same developer and it is well maintained and surely this project
will follow suit.
Mayor Herfert read into the record a letter from Dana Rosas and
Eva Grijalva in opposition to the project.
In Rebuttal: Robert Hirsch responded to the comments raised during "In
Opposition." He stated that the school district is going to receive a
certain amount per square foot of the project.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing
and commenced Council discussion.
Councilmember Sanderson asked about the current project
footprint and the amount'of'money�that the school district would
receive.
Councilmember Miller said he felt it was going to be a quality
project and certainly a different project with the underground
parking.
Councilmember Sanderson. stated her objections to the under-
ground parking and, the impact on the local schools.
1,..
Councilmember Hernandez appreciated the developer's efforts in
accommodating the Council's concerns expressed at a prior
meeting.
Mayor Herfert reiterated his opposition to the project from the
prior meeting, noting his . major `concern is the underground
parking.
Motion by Hernandez and seconded by Miller to amend the precise
plan to increase the number of parking slots in the underground
portion of the plan. Motion carried 3-2 with Sanderson and Herfert
voting no.
City Clerk Berry presented:.,,'
Resolution 2003-57 - RESOLUTION NO.2003-57 — A RESOLUTION OF THE
Certifying Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP
NO. 54099, PRECISE PLAN NO. 02-15 AND VARIANCE NO.
02-07, PURSUANT TO THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT OF 1970, AS AMENDED (West
Covina Royale)
Resolution 2003-58 - RESOLUTION NO.2003-58 — A RESOLUTION OF THE
Approving Tent. Tract CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING TENTATIVE TRACT MAP NO. 54099,
ON APPEAL OF PLANNING COMMISSION ACTION (West
Covina Royale)
7
Council Minutes 6/17/03
Resolution 2003-59 - RESOLUTION NO. 2003-59 — A RESOLUTION OF THE
Approving Precise Plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING PRECISE PLAN NO. 02-05, ON
APPEAL OF PLANNING COMMISSION ACTION, (West
Covina Royale)
Motion by Wong and seconded by Miller to waive further
reading of the resolutions and adopt. Motion carried 3-2 with
• Sanderson and Herfert voting no.
Councilmember Wong stated that he would abstain from the dis-
cussion and vote on Maintenance District No. 7 as he lives in that
district and conflict of interest laws preclude him from
participating.
City Attorney Alvarez-Glasman stated Maintenance Dis-
trict No. 7 can be considered after the other three and at that time
Councilmember Wong can step down from the dais.
HEARING W. C. LANDSCAPE MAINT. DISTRICT NO.4
W. C. LANDSCAPE MAINT. DISTRICT NO. 6
W. C. LANDSCAPE MAINT. DISTRICT NO. 7
W. C. CITYWIDE LIGHTING & MAINT. DISTRICT
City Clerk Berry verified the affidavits of publication relative to
each of these maintenance districts. Mayor Herfert opened the
hearing and Public Works Director/City Engineer Yauchzee pre-
sented the staff report.
Public Testimony Mayor Herfert asked for public comments regarding Maint.
Districts No. 4, 6 and the Citywide District. No one addressed the
none City Council on any of these districts and Mayor Herfert closed the
Testimony closed public testimony portion of the hearing.
City Clerk Berry presented
Resolution 2003-61 RESOLUTION NO: 2003-61— A RESOLUTION OF THE
MD #4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ENGINEER'S REPORT AND
THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT AND APPURTENANCES TO BE MAIN-
TAINED FOR FISCAL YEAR BEGINNING JULY 1, 2003
Resolution 2003-62 RESOLUTION NO. 2003-62 = A RESOLUTION OF THE
MD #6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ; ENGINEER'S REPORT AND
THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT AND APPURTENANCES TO BE MAIN-
TAINED FOR FISCAL YEAR BEGINNING JULY 1, 2003
. Resolution 2003-63 RESOLUTION NO. 2003-63 — A RESOLUTION OF THE
Citywide CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ENGINEER'S REPORT AND
THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM
AND ASSESSMENTS CONTAINED THEREIN; ORDERING
LIGHTING FIXTURES AND ELECTRICAL CURRENT OT BE
FURNISHED FOR LIGHT FIXTURES AND TO ORDER
STREET TREE TO BE INSTALLED AND MAINTAINED IN
0
Council Minutes 6/17/03
THE WEST COVINA CITYWIDE LIGHTING AND
MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING
NLY 1, 2003
Motion by Miller and seconded by Sanderson to waive
further reading of the resolutions and adopt. Motion carried 5-0.
Maintenance District No. 7
• Councilmember Wong excused himself from the portion of the
hearing, as mentioned above.
City Clerk Berry verified the affidavit of publication. Mayor
Herfert opened the hearing on Maintenance District No. 7 and
Public Works Director/City Engineer Yauchzee presented the staff
report.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for comments. No one addressed the City Council re -
none garding Maintenance District No. 7 and Mayor Herfert closed the
Testimony closed public testimony portion of the hearing.
City Clerk Berry presented:
Resolution 2003-64 - RESOLUTION NO.2003-64 — A RESOLUTION OF THE
MD #7 CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT
AND THE ASSESSMENT CONTAINED IN THAT REPORT
FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7;
ORDERING LANDSCAPING MAINTENANCE, RENOVA-
TION AND REPLACEMENT AND APPURTENANCE TO BE
MAINTAINED FOR FISCAL YEAR BEGINNING NLY 1, 2003
Motion by Miller and seconded by Sanderson to waive
further reading of the resolution and to adopt. Motion carried 4-0-
1 with Wong abstaining.
Councilmember Wong resumed his seat at the Council table.
HEARING WEST COVINA CITYWIDE SEWER SERVICE CHARGE —
METHOD OF COLLECTION
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the public hearing. Public Works Director/City
Engineer Yauchzee presented the staff report.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
none City Council and Mayor Herfert then closed the public testimony
Testimony closed portion of the hearing.
City Clerk Berry presented:
Resolution 2003-65 RESOLUTION NO. 2003-65 — A RESOLUTION OF THE
Sewer Service Charges CITY COUNCIL 'OF ` THE' CITY' OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE COLLECTION OF THE
ANNUAL SEWER SERVICE CHARGE THROUGH HE
• COUNTY TAX BILL
Motion by Hernandez and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 5-0.
Call to Order of the Redevelopment Agency
Mayor Herfert called to" order the West Covina Redevelopment
Agency at 10:45 pm to conduct the following joint public hearing
involving both the City Council and the Redevelopment Agency.
E
Council Minutes 6/17/03
•
0
HEARING JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND RDA —
BARRANCA 1, LLC — DANIEL RICHARDS
City Clerk Berry verified the affidavits of publication and mailing.
Mayor Herfert opened the joint public hearing. Planning Director
McIsaac and RDA Community Planner Semblantes presented the
staff report. Councilmember Wong asked for a clarification
regarding assigning cost to the acquisition of the parcels. Mr.
James Regan, the Redevelopment Agency's financial consultant,
offered additional comments.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for comments in favor of the appeal of the proposed
project, Barranca I, LLC. The following individuals addressed the
joint body:
Toni Canzoneri Toni Canzoneri of Brown, Winfield & Canzoneri, attorneys for
Westfield Corporation, identified several letters and documents for
the record, and distributed a memorandum dated June 17 from
Larry Kosmont on the letterhead of Kosmont & Partners.
He presented an overview of the history of the project area
and the reasons Westfield Corporation appealed the project.
Larry Kosmont Larry Kosmont of Kosmont Companies, economics and land use
firm. He felt the current proposed project wouldn't serve the City
of West Covina in good stead and explained why. He discussed
the difference between the two proposals.
Ed Szczepkowski Ed Szczepkowski of Brown, Winfield & Canzoneri addressed the
findings in the Section 33433 Report. He said that the joint body
has two findings this evening: a) find that the proposal is consistent
with the Implementation Plan, and b) find that the City is receiving
the fair market value or fair use of the property.
Councilmember Sanderson asked the Westfield Corporation repre-
sentatives about their understanding of the cost of the property,
condemnation costs, and the definition of blight in relation to the
parcel in question.
City Attorney Alvarez-Glasman responded to the comments and
clarified the definition oQlight and condemnation fees.
Neutral: Mayor Herfert noted that he had a speaker card from
someone wishing to speak on the issue from a neutral position:
Art Velasquez Art Velasquez, 1312 Devers Street, read a prepared statement
regarding the appearance of campaign funds influencing the
decision -making process of the Councilmembers/Agency Board
Members and reported .some ,of the contributions received by
certain members.
Mayor Herfert stated thaf he has taken contributions from
both sides of this particular issue and City Attorney Alvarez-
Glasman clarified Government Code Section 84308 and its
exemption, which is applicable here.
hi Opposition: Mayor Herfert asked for,comments in opposition to the appeal and
the following addressed Council: "
Daniel Richards Daniel Richards of Kendrew Development Company, the
developer of the proposed project, countered statements made by
the Westfield Corporation representatives. He then reviewed the
proposed design for the site.
10
Council Minutes 6/17/03
•
•
Heather Nix-Willdan Heather Nix-Willdan of Willdan distributed a letter clarifying the
traffic study conducted on Barranca concerning the IKEA project
in Covina and the current proposal in West Covina.
John Scheuplein John Scheuplein, 1800 Aroma Drive, felt the project has been well
thought out and will greatly benefit the immediate area and the
community in general.
Eddie Elder Eddie Elder, 1223 Montezuma Way, wondered why it has taken so
long to get a project underway on that property.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, felt the restaurants proposed
on the site would be very welcomed in West Covina. The City will
receive the spin-off from the shoppers at IKEA, across the street.
He offered his support for the project.
Richard Haggerty Richard Haggerty, owner of the property in question. He
explained his desire of the last 25 years to sell the property to a
developer. He related the history of working with past possible
developers and interacting with Westfield Corporation. Westfield
was so far off from the price he was willing to sell the property that
Westfield seem to fade away. When Mr. Richards made his offer,
Mr. Haggerty sold it for about $560,000.
In Rebuttal: Mayor Herfert asked for testimony in rebuttal and Mr. Canzoneri
addressed the Council/RDA Members. He stated that the traffic
study conducted by Willdan is two years ago and there should be
another traffic study conducted.
Ed Szczepkowski Ed Szczepkowski addressed two items: the Implementation Plan
and the parcel costs.
Recess: Mayor Herfert called a recess at 12:54 am. The joint body recon-
vened at 1:05 am with all members present.
Larry Kosmont Larry Kosmont quoted from the City's consultant report to make
his points.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing
and commenced Council/Agency discussion.
Council Discussion In response to a question by Mayor Herfert, City Attorney
Alvarez-Glasman stated that Westfield Corporation had the ability
to develop the property was June 17, 1997, and the City entered
into an ENA on June 18, 2002.
Planning Director McIsaac addressed the traffic study .
analyses and parking for the project.
In regards to the RFP, Councilmember Wong asked about the
release date, submittal deadline, and when did Daniel Richards
acquire interest in the property. Answers: 1/2/02; 3/2/02; 11/8/01.
He asked about the "site control" condition contained in the RFP.
City Attorney responded to Councilmember Sanderson's question
regarding land -locking Parcel "D." He addressed other questions
of Council with information contained in the First Amendment to
the Public Parking Facilities Operating Agreement dated June 17,
1997, between the RDA, City of West Covina, and Westfield
America. Further discussion regarding the RFP ensued.
11
Council Minutes 6/17/03
•
0
Councilmember Hernandez referred to a telephone call he received
from Mr. Fitchitt, Westfield Corporation, who implied that if the
Kendrew project was pursued by the City Council, the project
wouldn't get done. He reminded Mr. Fitchitt, who was sitting in
the audience, that it is the City Council, not Westfield Corporation,
that governs the City.
Councilmember Wong wasn't supportive of the Kendrew project
because Dan Richards wouldn't state from where or whom the idea
came from to place a parking lot on the site, which would have
provided for some financial assistance from the City.
Councilmember Miller expressed his opposition to the environ-
mental document and would not be certifying those this evening,
nor would he be supporting the project.
Councilmember Sanderson commended staff for doing their best.
She noted her thoroughness in studying the issues and she has
come to the conclusion to support the project and thanked Mr.
Richards for his professional stature throughout this process. She
extended gratitude -to Westfield as well for their developments in
the City.
Councilmember Hernandez stated that there is an obvious
difference between the two projects and the Kendrew project is in
a different league with its design, landscaping, and synergistic in
its community appeal.
Mayor Herfert expressed disappointment with the comments made
by the Westfield Corporation attorney that this project could affect
goodwill and viability. This, after many years of a good, produc-
tive relationship with Westfield Corporation.
a. Appeal of Precise Plan No. 03-03
Barranca I, LLC — Daniel Richards
Northwest Comer'of Barranca Street and Eastland Center Drive
Appellants: Westfield Corporation, hic.
City Clerk presented:
Resolution 2003-66 RESOLUTION NO.2003-66 — A RESOLUTION OF THE
Certifying Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 03-03,
PURSUANT' TO' ` THE"' 'CALIFORNIA ENVIRONMENTAL
QUALITY ACT 'OF 1970, AS AMENDED, ON APPEAL OF
PLANNING COMMISSION ACTION
Motion by Sanderson and seconded by Hernandez to waive
further reading of the resolution and adopt. Motion carried 3-2
with Miller and Wong voting no.
Resolution 2003-67 RESOLUTION.NO. 2003-67 — A RESOLUTION OF THE
Approving Precise Plan CITY COUNCIL 'OF 'THE` CITY "OF WEST COVINA, CALI-
FORNIA, APPROVING PRECISE PLAN NO. 03-03 ON
APPEAL OF PLANNING COMMISSION ACTION
Motion by Sanderson and seconded by Hernandez to waive
further reading of the resolution and to adopt. Motion carried 302
with Miller and Wong voting no.
b. Approval of Disposition and Development Agreement Between the
City of West Covina Redevelopment Agency and Barranca I, LLC
12
Council Minutes 6/17/03
•
•
City Council Action:
Resolution 2003-68 RESOLUTION NO. 2003-68 — A RESOLUTION OF THE
Approving DDA CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING AND AUTHORIZING THE
EXECUTION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND BARRANCA I, LL, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
Motion by Hernandez and seconded by Sanderson to waive
further reading of the resolution and to adopt.
Mr. James Regan responded to Councilmember Wong's
question regarding the present value of the parcels purchased by
the City for $627,000. Today at 5% it would be $1.78 million.
Councilmember Miller explained his difficulty in supporting the
project, financially and economically.
Motion carried 3-2 with Miller and Wong voting no.
Redevelopment Agency Action:
Resolution 563 - RESOLUTION NO. 563 — A RESOLUTION OF THE RE -
Approving DDA DEVELOPMENT AGENCY OF THE CITY OF WEST COVINA
APPROVING AND AUTHORIZING THE EXECUTION OF
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY AND
BARRANCA I, LLC, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Sanderson and seconded by Hernandez to waive
further reading of the resolution and to adopt. Motion carried 3-2
with Miller and Wong voting no.
Adjournment of Redevelopment Agency
Mayor Herfert adjourned the Redevelopment Agency at 1:57 am
and continued the remainder of the City Council Agenda.
Holding Over Items The City Council concurred'"on`holding over the following items
until the next meeting:
Risk Management —
FY 2003/2004 Placement of Property Insurance
Community Services —
Recreation Management Software & Services
,. . .. 1'. kr.. i , I"
CITY MANAGER'S OFFICE ELECTION OF SAN GABRIEL BASIN WATER QUALITY
AUTHORITY BOARD MEMBER AND ALTERNATE
MEMBER REPRESENTING CITIES WITHOUT WATER
PUMPING RIGHTS
Council reviewed the staff report.
City Clerk presented: '" � n I, ,'"' `
Resolution 2003-69 RESOLUTION NO: 2003-69 — A RESOLUTION OF THE
Councilmember Miller CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CASTING ITS VOTES FOR MAYOR PRO TEM
MILLER TO REPRESENT CITIES WITHOUT PRESCRIPTIVE
PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL
BASIN WATER QUALITY AUTHORITY
Motion by Hernandez and . seconded by Wong to waive
further reading of the resolution and adopt. Motion carried 4-1
with Herfert voting no.
13
I • trj I,"", ,
Council Minutes 6/17/03
•
•
COUNCILMEMBERS' REPORTS
LETTER OF SUPPORT TO SB 334 (Romero) —
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
Council reviewed the staff report.
Motion by Hernandez and seconded by Miller to direct
staff to forward a letter of support to SB 334 from the City to all
State elected officials representing West Covina and the League of
California Cities. Motion carried 5-0
ADJOURNMENT
Attest:
City Clerk Janet Be
Motion by Miller and seconded by Hernandez to adjourn the
meeting at 2:02 am. Motion carried 5-0.
14