01-20-2004 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
JANUARY 20, 2004
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:18 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Andrew Pasmant
gave the invocation and Councilmember Hernandez led the Pledge of Allegiance. `
ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmembers
Hernandez, Sanderson, and Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Durbin, Yauchzee,
Paul, Samaniego, Mctsaac, Wills, Bachman, Hoppe, Morgan,
Chung, McDonald, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that all members
of the City Council/CDC were present at the commencement of the
special meeting at 6:12 pm, with the exception of Councilmember
Hernandez who arrived at 6:20 pm. Publicomments were heard
under oral communications and the City Attorney announced the
items for discussion as posted on the agenda.
Regarding one item of anticipated litigation, the City
Council unanimously agreed to authorize participation in an
Amicus Brief, without financial assistance, in a,matter concerning
the City of Cerritos vs. the State of California, if the lawsuit is
filed.
The Council received a briefing from the City Manager as
the City's chief labor negotiator concerning labor negotiations as
posted on the agenda. There was no final action and nothing
further to report. Mayor Pro Tern Miller excused himself from
certain portions of the discussion on the basis that it could affect
him economically.
Concerning matters on the CDC agenda, the Commission
received briefing from both Agency staff and legal counsel. There
was no final action taken on either matter and nothing further to
report.
CHANGES TO THE AGENDA No changes offered.
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
Special meeting of December 16, 2003
Regular meeting of December 16, 2003
Special meeting of December 18, 2003
PRESENTATIONS The Blue Star program video was aired.
Mayor Herfert announced that the VFW had celebrated over 50
years of service in the City and called forward George Ogden,
former Commander of the VFW Post 8620.
Marine Chief Warrant Officer III, Carlos Thrasher, presented a
U.S. flag to the Mayor, which on May 26, 2003 flew in Iraq during
Operation Iraqi Freedom, in honor of the City of West Covina.
Council Minutes of O1/20/04
Mayor Herfert presented certificates to the following principals
congratulating them on their schools being nominated as a Blue
Ribbon School.
• Mary Donielson, California Elementary School
• Marge Miller, Merced Elementary School
• Carolyn Cofer, Christ Lutheran School
• Public Works Director Shannon Yauchzee presented retiring
employee Janet Garcia with a resolution of commendation
recognizing her 17 years of service to the City.
Mayor Herfert, assisted by Assistant Basketball Coach Ann
Weathersbee, congratulated and presented certificates to the
Hollencrest Middle School Girls and Hollencrest Middle School
Boys basketball teams, both of whom took the Inland Valley
Middle School All -League Championships.
ORAL COMMUNICATIONS
John Shewmaker John Shewmaker, West Covina residen, commented on Athens
disposal and the multi -family rate issue.
Tami Slemboski Tami Slemboski, West Covina resident, inquired about the
Clippinger Chevrolet construction and progress. Public Works
Director Yauchzee provided an update of the current work and
special permit that was issued.
John Scheuplien John Scheuplien, West Covina resident, thanked staff for items
being posted on the website and commented on the recent Martin
Luther King event.
Herb Redholtz Herb Redholtz, West Covina resident, commented on the
following: 1) the Rose Float Committee; 2) the medians on Amar
& Temple; 3) the Quail Ridge project, and 4) the Auto Row
electronic reader board.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
Waste Management/Environmental Quality 12/18/03
Planning 12/09/09 & 11/11/03
Joint Planning/Community Services 01/03/04
Claims Against the City
Gabriel Torres vs. City of West Covina
It is recommended that the property damage and personal injury
claim of Gabriel Torres denied and the claimant be so notified.
James and Christine Fuller vs. City of West Covina
It is recommended that the personal injury claim of James &
Christine Fuller be denied and the claimants' attorney be so
notified.
Li Ling vs. Citv of West Covina
It is recommended that the property damage claim of Li Ling filed
on December 3, 2003 be denied and the claimant's attorney be so
notified.
Ronald M. Negrete vs. City of West Covina
It is recommended that the property damage claim of Ronald M.
Negrete be denied and the claimant be so notified.
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Council Minutes of 01/20/04
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Resolution No. 2004-1
Lot Line Adjustment No. 156
Raul Perez vs. City of West Covina
It is recommended that the property damage claim of Raul Perez
be denied and the claimant be so notified.
Shawn Ellis vs. Citv of West Covina
It is recommended that the property damage claim of Shawn Ellis
be denied and the claimant be so notified.
Approval of Final Maps
Lot Line Adjustment No. 156
Location: 333 S. Vincent Avenue
Recommendation is to adopt the following resolution:
RESOLUTION NO. 2004-1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 156 LOCATED
AT 333 S. VINCENT AVENUE AND DIRECTING THE
RECORDATION THEREOF (VINCENT-COVINA REALTY
ASSOCIATES, L.P.)
Quitclaim Deed for Tract Map No. 53821
Location: Northwest Corner of Holt and Grant
Resolution No. 2004-2 Recommendation is to adopt the following resolution:
Quitclaim Deed/Tract Map 53821 RESOLUTION NO. 2004-2 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE EXECUTION OF A CORPORATION
QUITCLAIM DEED IN FAVOR OF CREEKSIDE 58
HOMEOWNERS ASSOCIATION
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of December 16, 2003
City Treasurer's Report (receive & file)
Report for the month of November 2003
Miscellaneous — Public Works
Authorize Purchase of Picnic Tables and Benches for Maverick
Baseball Field and Ridge Riders Arena
Picnic Tables & Benches Recommendation is to authorize the Public Works to expend
$14,000 from Capital Improvement Program Account Number
143-320-3285-7700 for the purchase of picnic tables and benches
to the Maverick Baseball Field and Ridge Riders Arena.
Capital Improvement Program and Building Activity Report -
Fourth Quarter Ending December 31. 2003
Recommendation is to receive and file this report.
Miscellaneous — Police Department
Appropriating State Supplemental Law Enforcement Services Funds
(SLESF) for On -going Police Officer Grant
SLESF Grant Recommendation is to appropriate $164,605 from the fund balance
of Fund 155 (the State Supplemental Law Enforcement Services
Fund) to 155-320-21 ] Q-5XXX, to cover the on -going three-year
cash match requirement associated with the three police officer
positions created under the federal COPS Universal Hiring Program
grant.
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Council Minutes of 01/20/04
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AT&T Wireless
Resolution No. 2004-3
Deferred Comp
Miscellaneous — Planning Department
AT&T Wireless — Wireless Telecommunication Facility at
Cameron Park
Recommendation is to concur with the direction of the Planning
Commission regarding the proposed Wireless Telecommunications
Facility at Cameron Park to: (1) enhance the design of the
proposed clock tower and move it closer to the street corner; or (2)
change the design of the facility as a "monopine" (artificial pine
tree) in its current approved location.
Miscellaneous — Finance Department
Amendment of Section 457 Deferred Compensation Plan for Part
Time, Seasonal and Temporary Employees
Recommendation is to:
1. Authorize the City Manager to execute the Restated and
Amended Deferred Compensation Plan and Trust Agreement for
Part -Time, Seasonal and Temporary Employees and related
documents; and
2. Adopt the following resolution:
RESOLUTION NO. 2004-3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A RESTATED AND AMENDED DEFERRED
COMPENSATION PLAN AND TRUST AGREEMENT FOR
PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES
Sale of Surplus Eatimment
Resolution No. 2004-4 Recommendation to authorize the sale of the Fire Departments
Surplus Breathing Apparatus obsolete breathing apparatus to Allstar Fire Equipment, Inc. for the
amount of $9,100 and to adopt the following resolution:
RESOLUTION NO. 2004-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING CERTAIN CITY PROPERTY AS SURPLUS
Miscellaneous — Environmental Management
BKK Landfill Closure Plans — Monthly Status Report
Recommendation is to receive & file the report.
Miscellaneous — Community Services
Hurst Ranch Release of Grant Funds and Approval of Use and
Grant Agreement
Grant Agreement with Recommendation is to:
Hurst Ranch Foundation l . Approve the Use and Grant Agreement between the City of
West Covina and the Hurst Ranch Historical Foundation
authorizing a grant of $350,000 and appropriate $150,000 from the
Charter Communication settlement fund to Account Number 203-
83-8309-7500; and
2. Authorize the Community Services Director's execution of
the Use and Grant agreement.
Ridge Rider Arena Fee Schedule
Recommendation is to approve the new fee schedule for the Ridge
Rider Arenas.
Miscellaneous — Human Resources Department
Selection of Executive Search Firm for Fire Chief Recruitment
Wilcox, Miller & Nelson Recommendations is to:
1. Approve an agreement with Wilcox Miller & Nelson to
conduct a nationwide search for a new Fire Chief at a cost not
to exceed $14,000; and
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Council Minutes of 01/20/04
2. Appropriate $14,000 from the General Fund Balance to
account 110-320-2560-6117 for the contract with Wilcox
Miller & Nelson; and
3. Appropriate $4,500 from the General Fund balance to account
110-320-2560-6170 for advertisements.
CONSENT CALENDAR ACTION Motion by Wong and seconded by Sanderson to waive further
reading of the resolutions and to adopt; and to approve all other
items listed on the Consent Calendar except: Item B-6a, B-6d, B-
6h, B-6j, and B-6i. Motion carried by roll call vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
Item B-6a &-B-6i Referring to Item B-6a (Authorization for Purchase of Picnic
Tables and Benches for Maverick Baseball Field and Ridge
Riders Arena) and Item B-6i (Ridge Rider Arena Fee Schedule)
Councilmember Sanderson requested staff to obtain a FPPC (Fair
Political Practices Commission) ruling as to whether she can vote
on these two items due to the proximity to her home. Motion by
Miller and seconded by Wong to hold these over until
Councilmember Sanderson receives a ruling. Motion carried 4-0-1
with Councilmember Wong abstaining.
B-6d Item B-6d — Wireless Telecommunications Facility at Cameron
Park.
Planning Director McIsaae presented the staff report.
Royall Brown Royall Brown, West Covina resident, asked why an item would be
on the consent calendar when the recommendation requires a
Council decision. Councilmember Wong stated that he had
requested the item to be pulled from the consent calendar in order
for Council to consider the options. Discussion ensued.
Councilmember Hernandez left the room at 8:01 p.m.
Motion by Wong and seconded by Sanderson to approve option 1,
enhancing the design of the proposed clock tower and moving it
closer to the street corner. Motion carried 4-0.
Councilmember Wong amended his motion to include
Councilmember Miller's request to have AT&T put the equipment
inside the clock tower to eliminate one building. Seconded by
Sanderson. Motion carried 4-0.
Councilmember Hernandez returned at 8:03 p.m.
B-6h Staff report regarding B-6h (Hurst Ranch Release of Grant
Funds and Approval of Use and Grant Agreement) was
presented by Interim Community Services Director Samaniego.
John Shewmaker John Shewmaker, West Covina resident stated that he thought the
City could find better use of the Charter Communication
settlement funds than to allocate money for the Hurst Ranch.
• Motion by Wong and seconded by Hernandez to approve the staff
recommendation. Motion carried 5-0.
B-6j Interim Human Resources Director Fields presented the staff report
relating to item B-6j (Selection of Executive Search Firm for
Fire Chief Recruitment).
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Herb Redholtz Herb Redholtz, West Covina resident voiced his support of going
with the lowest bidder but felt the recruitment could be handled in-
house.
Council discussed the recruitment process, as well as the pros and
cons for conducting it in-house.
Motion by Miller and seconded by Hernandez to approve an
agreement with Wilcox Miller & Nelson. Motion carried 4-1 with
Sanderson voting no.
HEARING JOINT PUBLIC HEARING
Approval of Disposition and Development Agreement Between
the City of West Covina Community Development Commission
and West Covina Heights, S.C. LLC. Regarding the Southern
43-Acre Portion of Parcel 1 of Parcel Map 24585 Located at
the Northeast Quadrant of Amar Road and Azusa Avenue
DDA with West Covina Heights Mayor Herfert called to order the Community Development
Commission in order to conduct the joint public hearing.
Deputy City Clerk Rush verified the affidavit of publication and
Mayor Herfert opened the public hearing. Redevelopment Agency
Director Chris Chung presented the staff report and answered
question of Councilmembers.
Mayor Herfert asked for a presentation from the developer
Douglas Gray, president of West Covina S.C. LLC and Eclipse
Development LLC. Mr. Gray presented an overview of the
project, answering questions of Council.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and then asked for verbal testimony. The following individuals
addressed the Council and CDC:
Corey Warshaw Corey Warshaw, West Covina resident, shared his concerns of the
proposed tenant of the development.
Royall Brown Royall Brown, West Covina resident, stated that certain material
being presented regarding the development violated the Brown
Act. City Attorney Alvarez-Glasman opined that any material
presented to the City Council for any decision must be made
available to the public when presented and the referenced material
was available for public display. Mr. Brown also commented on
overall disclosure to the public.
Recess Councilmember Wong requested a recess at 8:45 p.m. The Mayor
reconvened the meeting at 9:55 p.m. with all members present.
Richard Thorn Richard Thorn, West Covina resident, opposed any consideration
of a Wal-Mart at the development site of BKK
Milford Walker Milford Walker, West Covina resident, urged the Council to turn
down the proposal for the development.
Mike Mohajer Mike Mohajer, San Dimas resident, voiced his concern with the
Environmental Impact Report and suggested the Council mitigate
the traffic issues on Azusa before selling the BKK property.
John Scheuplein John Scheuplein, West Covina resident, voiced his support for both
unions and big business, and supported the development, as it
would bring in money.
Council Minutes of 01/20/04
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Donna Griggs Donna Griggs, Claremont resident, read a letter from local Vons
workers in opposition to the project.
John Shewmaker John Shewmaker, West Covina resident, spoke in support of the
development.
Douglas Gray Douglas Gray, President of West Covina S.C. LLC and Eclipse
Development LLC, stated that he realized this is an emotional and
difficult decision but should be made for the betterment of the city
as a whole.
Testimony closed There being no others wishing to address Council, Mayor Herfert
asked staff for comments. City Manager Pasmant commented on a
survey conducted by the Redevelopment Agency of area
businesses. With no further continents being made, the Mayor
closed the public testimony portion of the hearing and commenced
Council discussion. Councilmembers asked various questions of
staff, the developer, and the economist regarding the proposed
development.
Motion Motion by Hernandez and seconded by Miller to deny the staff
recommendation to adopt resolutions approving the development.
Council Discussion Councilmember Hernandez commented on the overall quality of
the area and felt the City should continue to look for a quality
commercial development proposal.
Councilmember Miller elaborated on the traffic and congestion at
the intersection of Amar and Azusa and mitigation needs.
Councilmember Sanderson felt that a Wal-Mart in West Covina
would bring in needed revenue, as would the profits from the sale
of the property. She provided both pros and cons of the proposed
development, and that she would not support the motion because
of already involved costs.
Councilmember Wong stated he would support the motion and that
he wasn't one of those who supported other expenditures which
now make the profits from the sale so inviting. He further stated
that Wal-Mart is not socially responsible and the taxpayers should
not be subsidizing their low wages.
Mayor Herfert made several comments regarding the two-year
process of the project and that the sale of the property for a
commercial development is needed to offset some of the
recreational facilities. He stated his concern of the potential loss of
revenue that would be generated by sales tax and the effect it is
going to have on personnel beginning with the possibility of
layoffs.
Action on Motion Councilmember Herfert restated the motion to deny the staff
recommendation approving the development. Motion carried 3-2
with Herfert and Sanderson voting no.
CDC recessed Mayor Herfert recessed the Community Development Commission
at 9:55 p.m. to continue the City Council meeting.
The following item, E-3 regarding Waste Collection was moved
forward for consideration at this time.
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DEPARTMENTAL MATTERS
ENVIRONMENTAL MANAGEMENT
Waste Collection Multi -Family Per Unit Rate Service
Adjustment and Amendment of Franchise Agreement to
Change the Submission Date for any Consumer Price Index
(CPI) Adjustment Requests from April 15 to May 31
Environmental Management Director Steve Samaniego presented
the staff report.
• John Scheuplein John Scheuplein, West Covina, resident spoke favorably of Athens
and hoped for closure on this item tonight.
Emma Fischbeek Emma Fischbeck, West Covina resident, requested that the Council
be fair and equitable on the issue by eliminating the per unit charge
for condos and apartments, She emphasized that there is no
difference in the service between condos/apartments and
businesses.
Dennis Chiappetta Dennis Chiappetta, Chief Operating Officer of Athens Services,
commented on the history of Athens rate structure and asked
Council to support Option 8 of the previous staff report and to not
delay the decision any longer.
Council engaged in lengthy discussion regarding inequities in the
rate structure, the 12-year rolling agreement, and future CPI rate
increases.
Dennis Chiappetta Following Council's discussion Mr. Chiappetta proposed to forego
any CPI rate increase in July 2004, waiting until July 2005, giving
rate payers 19 months at the current rate, if accompanied by Option
8 of the staff report. (Option 8 reinstates a twelve-year rolling
term agreement and applies commercial rates to all multi -family
bins as long as the rolling term of the agreement is in place.)
Motion Motion by Wong and seconded by Miller to refer Mr. Chiappetta's
proposal to staff for a financial analysis. Motion failed by 2-2-1
vote with Herfert and Sanderson voting no and Hernandez
abstaining.
Substitute Motion Motion by Herfert and seconded by Sanderson to accept the
proposal of Athens. Motion carried 3-2 with Miller and Wong
voting no.
Recess Mayor Herfert called for a 5 minute break at 10:40 p.m. The
meeting reconvened at 10:50 p.m. with all members present.
Items to be Held Over Mayor Herfert stated that the following items that will be held
over:
Human Resources I Adjustments to all Elected Official Salaries
Community Development Development of City Property Located at Morganfield
Commission Avenue and Valley Boulevard (APN Nos. 8742-013-900 &
.8742-013-901)
Mayor's Report Policy for Naming Citv Facilities After Individuals
Councilmembers' Report Report on Procedure and Impacts on Reviewing Legal Counsel
for Various City Services
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PUBLIC WORKS
South Azusa Avenue Traffic Capacity Enhancement Study
Project No. SP-01125
Mayor Herfert provided a brief overview of staff's request.
Motion by Herfert and seconded by Miller to approve staff
recommendation to hold a town hall public meeting, complete the
South Azusa Avenue Capacity Enhancement Study and approve
funding as requested. Motion carried 5-0.
John Scheuplein John Scheuplein, West Covina resident, hoped that staff would
meet with residents before preparing EIR report.
COMMUNITY SERVICES
Invitation to Participate in 2005 Tournament of Rose Parade
Staff report was presented by Interim Community Services
Director Steve Samaniego and staff responded to questions from
Council regarding previous funds raised, expenditures, and costs.
John Scheuplein John Scheuplein, West Covina resident, voiced his opinion about
City expenditures and unnecessary spending while dealing with the
current budget situation.
Herb Redholtz Herb Redholtz, West Covina resident provided his views on
participating in the Rose Float parade.
Motion by Miller and seconded by Sanderson to accept the
invitation with the provision the Rose Float Foundation provide a
plan for raising funds without using any general fund money.
Motion carried 3-2 with Herfert and Wong voting no.
Recess Mayor Herfert recessed the City Council meeting at 11:05 to
reconvene the Community Development Commission. The City
Council meeting reconvened at 11:45.
Mayor Herfert announced that the carry over items would be held
over to the next regular City Council meeting as time permits.
Councilmember Hernandez stated he would be unable to attend the
special meeting scheduled for Tuesday, January 27 and suggested
changing the meeting date to either Monday or Wednesday if the
other Councilmembers' schedules permit. Councilmembers
discussed various times and dates. Councilmember Wong stated
that the Councilmembers had already agreed to a date for the
meeting. Mayor Herfert suggested that City Manager's Office poll
the Council
Councilmember Sanderson requested that staff check into the
status of School Board liaison meetings and would like to
implement school traffic safety programs.
ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the
meeting at 11:45 pm. Motion carried 5-0.
ATTEST:'
Deputy City Clerk Sue kush
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