07-20-2004 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 20, 2004
•Mayor Miller called to order the regular meeting of the West Covina City Council at 7:20 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend John Foye of Christ
Fellowship Church gave the invocation and Councilmember Sanderson led the Pledge of Allegiance.
ROLL CALL
Mayor Miller, Mayor Pro Tern Sanderson,
Councilmembers Herfert, Hernandez, Wong
Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, Hoppe, Samaniego,
Durbin, Elliott, Ballard, Houston, Genovese, Smith, Yauchzee,
Bommarito, McIsaac, Wills, Paul, Taylor, Villegas, Smilowitz,
Chung, Bachman, Cendejas, Semblantes, O'Keefe, Koppel, Berry
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that the special meeting
commenced at 6:11 pm with all members present. The scheduled
items were announced. In regards to labor negotiations as stated
on the City Council agenda, a briefing was given by the labor
negotiator, no action was taken, and there is nothing further to
report. Regarding CDC items: (1) a briefing was given regarding
the property at the northeast quadrant of Amar and Azusa, no
action was taken, and there is nothing further to report, (2)
direction was given to staff concerning the property at 1440 West
Covina Parkway and no final action was taken, and (3) there was
no time to discuss the property at 730 S. Orange Avenue and 1700
West Covina Parkway and if time permits at the end of this
meeting, the CDC will continue with a closed session to consider
this third item.
CHANGES TO THE AGENDA City Manager Pasmant noted that there was a slight amendment to
the staff report, Item F-10, and there are copies available at the
back table for the audience.
Mayor Miller stated that the agenda for the evening is very long
with several public hearings. He moved the order slightly so that
at the conclusion of the hearings, City Attorney services (F-1)
would be considered next, and after that the budget (F-10), and the
Nogales annexation (F-9).
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
Regular meeting of June 1, 2004
Special meeting of June 29, 2004 (6:30 pm)
Special meeting of June 29, 2004 (7:00 pm)
Regular meeting of July 6, 2004
• PRESENTATIONS The City's Blue Star program video was aired.
Mayor Miller introduced the new Fire Chief, Richard Elliott, and
his family members. Mrs. Elliott, Dawn, stepped forward to assist
with the Incoming Fire Chief Badge Ceremony.
Council Minutes of 7/20/04
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ORAL COMMUNICATIONS Cookie Nance, West Covina resident, spoke of the advantages of
living in West Covina and her continued support for a Wal-Mart in
the City.
Joanne Wittier, West Covina resident, did not support an extension
to the contract with David Evans & Associates for a Multi -Use
Trail Master Plan (Item C-5c) as they have not been responsive to
the public input.
Herb Redholtz, West Covina resident, complained about the lack
of construction going on at the Clippinger Chevrolet dealership.
John Scheuplein, West Covina resident, objected to Council's slow
pace at getting the BKK site developed.
Valerie Tuitele, West Covina resident, complained that the Police
Officers chasing down two criminals in her immediate neighbor
failed to see and take a gun left on her property. Fortunately, she
arrived home to find it and remove before her two small sons got
home from school.
Mayor Miller directed staff to report back to Council
regarding the incident.
ITEMS CARRIED OVER FORM PREVIOUS COUNCIL MEETINGS
City Manager's Office —
Payment of San Gabriel Valley Council of Governments Dues
COG Annual Dues Executive Director of COG, Nicholas Conway, elaborated on the
staff report and the City's role throughout the San Gabriel Valley
as part of the organization.
Matter held over to 8/3/04 After a lengthy discussion on the pros and cons of
belonging to the organization versus the cost of the annual dues,
motion by Hernandez and seconded by Herfert to hold over the
matter to the August 3, 2004 Council meeting. Motion carried 3-2
with Wong and Miller voting no.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
Planning 7/13/04
Ordinance for Adoption (waive reading & adopt)
Ordinance 2116 - ORDINANCE NO.2116 — AN ORDINANCE OF THE CITY
Senior Commission Duties COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 2-76 OF THE WEST COVINA
MUNICIPAL CODE GOVERNING THE RESPONSIBILITIES
OF THE SENIOR COMMISSION
Traffic Committee Minutes (accept & file)
Minutes for the meeting of June 15, 2004
Award of Bid '
Construction of Sidewalks at Various Locations Citywide
Proiect SP 04106
SP 04106 - Recommendation is to take the following actions:
FS Construction * Transfer $8,000 in construction Tax from Account No.
161.81.8338.7200 to Account No. 128.81.8429.7200 (SP 04106). .
* Increase the Transportation Development Act funds
appropriation from $40,000 to $57,000 for this project.
* Accept the bid of FS Construction, Sylmar, in the amount
of $53,762 as submitted at the bid opening on July 6, 2004 and
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authorize the Public Works Director/City Engineer and City Clerk
to execute the contract.
Miscellaneous — City Clerk's Office
Passport Program — Fiscal Year Wrap -Up
Recommendation is to receive and file the report.
Miscellaneous — Community Services
Senior Nutrition Meals Program Grant Application
Recommendation is to adopt the following resolution:
Resolution 2004-63 RESOLUTION NO.2004-63 — A RESOLUTION OF THE
Senior Meals grant . CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE SUBMITTAL OF A PRO-
POSAL FOR FISCAL YEAR 2004/2005 OLDER AMERICANS
ACT COMPETITIVE GRANT FUNDS FOR THE SENIOR
NUTRITION PROGRAM
Miscellaneous — Planning Department
Award of Contract for West Covina Multi -Use Trail Master Plan
Master Trail Plan - Recommendation is to take the following actions:
David Evans & Asso. * Appropriate $47,930 for the development of a Multi -Use
Trail Master Plan contract and $7,070 in contingencies from Park
Dedication Fees District "G" Account.
* Award the contract for the development of a Multi -Use
Trail Master Plan, with the amount not to exceed $47,930 to David
Evans and Associates, Inc. (DEA).
Miscellaneous — Risk Management
Approval for Payment of 2004/05 Excess Workers' Compensation
and Employers' Liability Insurance Coverage with the California
State Association of Counties Excess Insurance Authority (CSA)
Workers Comp. Insurance Recommendation is to approve payment of $83,790 for 2004/05
Excess Workers' Compensation and Employer's Liability Cover-
age to be paid from Account No. 363.15.1520.6418. This
coverage is placed with the California State Association of
Counties Excess Insurance Authority pool through the City's
membership in the Big Independent Cities Excess Pool.
Miscellaneous — Public Works
Award of Contract for Engineering Plan Check Consultant
Services for Expedited Services
Plan Check Services - recommendation is to accept the proposal of USInfrastructure, Inc.,
USInfrastructure, Inc. West Covina, and authorize the Public Works Director/City
Engineer and City Clerk to execute the consultant agreement for
engineering expedited plan check services.
CIP and Building Activity Report
Second Ouarter Ending June 30, 2004
Recommendation is to receive and file the report.
West Covina Landscape Maintenance District No. 1
Setting of 2004/2005 Assessment Rate
Recommendation is to adopt the following resolution, which
includes a rate increase from 9 cents to 9.75 cents per hundred
dollars of assessed valuation:
Resolution 2004-64 RESOLUTION NO.2004-64 — A RESOLUTION OF THE
MD #1 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED FOR WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND FDUNG THE TAX
RATE FOR SAID MAINTENANCE DISTRICT FOR THE
FISCAL YEAR BEGINNING JULY 1, 2004
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Resolution 2004-65
MD #2
Resolution 2004-66
re Advisory Commissions
CONSENT CALENDAR ACTION
West Covina Landscape Maintenance District No. 2
Setting of 2004/2605 Assessment Rate
Recommendation is to adopt the following resolution, which
proposes to increase the rate by the Consumer Price Index (CPI)
from 5.5 cents to 5.61 cents per one hundred dollars assessed
valuation:
RESOLUTION NO.2004-65 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED FOR WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND. FIXING THE TAX
RATE FOR SAID MAINTENANCE DISTRICT FOR THE
FISCAL YEAR BEGINNING JULY 1, 2004
Miscellaneous — City Attorney's Office
Resolution Suspending Provisions Relating
to Advisory Commissions
Recommendation is to adopt the following resolution:
RESOLUTION NO.2004-66 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SUSPENDING CERTAIN PROVISIONS OF CHAP-
TER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL
CODE RELATING TO ADVISORY COMMISSIONS
Motion by Herfert and seconded by Wong to waive further reading
of the resolutions/ordinance and adopt, and approve all other items
listed on the Consent Calendar except Items C-5b and C-5c.
Motion carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
Councilmember Wong asked if setting the rates for Maintenance
Districts No. I and 2 have been set by public hearing in the past.
Public Works Director/City Engineer Yauchzee stated that these
two maintenance districts are different than the other four, which
require hearings to set the rates. Staff was asked to report back
with past actions concerning MD #1 and #2.
Item C-5b In relation to Item C-5b (Senior Meals Program Grant Applica-
tion), Interim Community Services Director Samaniego presented
a staff report.
Royal Brown, West Covina resident, supported the staff
recommendation.
Motion by Wong and seconded by Herfert to waive further
reading of Resolution No. 2004-63. Motion carried 5-0.
Item C-5c In relation to Item C-5c (Award of Contract for Multi -Use Trail
master Plan), Planning Director McIsaac presented a staff report.
Royal Brown, West Covina resident, didn't like awarding
the contract to the higher bidder.
Joanne Wilner, West Covina resident, suggested that the
monies from grants should be used for projects within the City
parks, not for trails outside the parks.
Motion re Trail Master Plan Motion by Herfert and seconded by Sanderson to approve the staff
recommendation. Motion carried 4-1 with Wong voting no,
explaining that.it is spending money on the bet that a grant will be
forthcoming.
Recess Mayor Miller called a recess at 9:35 pm. The City Council
reconvened at 9:40 pm with all members present.
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Council Minutes of 7/20/04
HEARING CODE AMENDMENT NO. 03-03
Parking of Accessory Recreational Vehicles, Utility Trailers,
Motor Homes and Recreational Equipment in Single -Family
Residential Zones
City Clerk Berry verified the affidavit of publication and Mayor
Miller opened the hearing. Planning Director McIsaac presented
• the staff report and noted the number of written correspondences
attached to the staff report, both favoring and opposing the code
amendment.
Public Testimony
Mayor Miller opened the public testimony portion of the hearing
and asked for comments in favor of the code amendment.
In Favor:
Eugene Cole, West Covina resident
Leonard Larks, West Covina resident
William Valentine, West Covina resident
Ed Clay, West Covina resident
John Scheuplein, West Covina resident
Carl Johnson, West Covina resident
Gayle Owen, West Covina resident
Lloyd Johnson, West Covina resident
Art Velasquez, West Covina resident
Mayor Miller asked for comments in opposition to the amendment:
In Opposition:
Bernie Wilner, West Covina resident
Joanne Wilner, West Covina resident
Ed Scheidler, West Covina resident
Jerry Graham, West Covina resident
Peggy Franklin, West Covina resident
Sharon Mulhem, West Covina resident
Mayor Miller asked for comments in rebuttal:
In Rebuttal:
Art Velasquez, West Covina resident
Rowland Garcia, West Covina resident
Testimony closed
Mayor Miller closed the public testimony portion of the hearing to
commence Council discussion
Council Comments Councilmember Sanderson asked for a clarification of the issues at
hand, as depicted in a chart submitted by Mrs. Wilner. Planning
Director McIsaac responded. Ms. Sanderson wasn't so sure that the
75% restriction was the way to go, but favored having staff
consider each situation on a case=by-case basis, or on a district -by -
district basis. She suggested a permit process.
Councilmember Herfert noted that he was not in favor of any
changes from the current municipal code restrictions.
Councilmember Wong was not happy about the appearance of the
City Council approving regulations in 1999 and to now find out
that staff has not been enforcing it because of misunderstandings in
the Code. He suggested that it be done by permits by
neighborhood or at least give neighborhoods the option as to how
they prefer it be handled.
Councilmember Hernandez agreed that the current regulations
should have been enforced. He suggested staff prepare a definition
. of what is a reasonable space allotment for parking RV's on the
driveways — the 75% allocation doesn't make sense.
Mayor Miller noted that he was not aware of the suspension of the
enforcement of the current codes, and suggested that the current
code be enforced, as it is current written.
Motion by Miller and seconded by Herfert to direct staff to
come back with a code amendment to enforce the current code
restrictions and a determination as to handle utility trailers on
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Council Minutes of 7/20/04
private property. Upon further discussion and clarification of the
motion, Herfert withdrew his second.
Motion by Herfert and seconded by Sanderson to receive and file
the report. Discussion followed as to the ramifications of such a
motion and Sanderson withdrew her second.
• Motion - more info in Sept. Motion by Miller and seconded by Herfert to direct staff to report
back in September with additional information, based on the
Council comments made this evening. Motion carried 5-0.
Mayor Miller noted that the time is 11:42 pm and asked for
Council consensus on items that can be held over to another
meeting. Council decided to move forward and take another check
after the hearings have been held.
HEARING WEST COVINA AUTO PLAZA BUSINESS
IMPROVEMENT DISTRICT —
FY 2004/2005 ANNUAL REPORT & ASSESSMENT
City Clerk Berry verified the affidavit of publication and Mayor
Miller opened the public hearing. Economic Development
Specialist Franklin presented the staff report. CDC Director Chung
and General Counsel Alvarez-Glasman responded to questions and
comments regarding Council's authority over this improvement
district.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and City Clerk Berry stated that no written communications had
been received. Mayor Miller asked for comments from the
audience and the following addressed Council:
Herb Redholtz, West Covina resident
Testimony closed Mayor Miller closed the public testimony portion of the hearing.
Motion by Wong and seconded by Hernandez to hold over final
consideration of this matter until July 27, 2004. Motion carried 4-
1 with Sanderson voting no and explained her position.
CDC Called to Order Mayor Miller called to order the Community Development
Commission at 11:48 pm for the purpose of conducting a joint
public hearing on the following matter.
JOINT PUBLIC HEARING Approval of DDA Between the City of West Covina Commun-
ity 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
City Clerk Berry verified the affidavit of publication and Mayor
Miller opened the joint public hearing. Project Manager Villegas
presented the staff report. Staff responded to Councilmember
• Wong's questions regarding "undocumented fill areas." Douglas
Gray, developer, spoke of the proposed project.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and asked for comments of the project. The following addressed
Council:
In Favor: Herb Redholtz, West Covina resident
John Scheuplein, West Covina resident
Sharon Mulhem, West Covina resident
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Douglas Gray, site developer
James Regan, City's economic consultant
Testimony closed Mayor Miller closed the public testimony portion of the hearing to
commence Council/Agency discussion..
City Council Action
City Clerk Berry presented:
Resolution 2004-67 RESOLUTION NO. 2004-67 — A RESOLUTION OF THE
Approving DDA CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING AND AUTHORIZING THE EXECU-
TION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE COMMUNITY
DEVELOPMENT COMMISSION AND WEST COVINA
HEIGHTS, S.C., LLC. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Herfert and seconded by Herfert and seconded
by Hernandez to waive further reading of the resolution and adopt.
Motion carried 5-0.
CDC Action
Secretary Berry presented:
Resolution 571- RESOLUTION NO. 574 — A RESOLUTION OF THE
Approving DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA APPROVING AND AUTHORIZING THE
EXECUTION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE COMMUNITY
DEVELOPMENT COMMISSION AND WEST COVINA
HEIGHTS S.C., LLC. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Wong and seconded by Hernandez to waive
further reading of the resolution and adopt. Motion carried 5-0.
City Council Recess Mayor Miller recessed the City Council meeting at 12:30 am to
finish the CDC Agenda. The City Council reconvened at 12:32 am
with all Councilmembers present.
DEPARTMENTAL MATTERS City Manager's Office -
City Attorney RFPs — General, CDC, and Liability &
Workers' Coma Defense Service Legal Counsel
Legal Services RFP Special Assistant to the City Manager Freeland presented the staff
report. Special Counsel Colin Lennard elaborated further and
responded to questions.
Herb Redholtz, West Covina resident
John Scheuplein, West Covina resident
Motion by Hernandez and seconded by Miller to approve Option
No. 1: Accept the recommendation of the Citizens Review
Committee for Legal Services and to schedule interview with
Alvarez-Glasman & Colvin and Woodruff, Spradlin & Smart.
Motion carried 3-2 with Herfert and Sanderson voting no.
Both Councilmember Herfert and Sanderson preferred
Option No. 3 — accept the proposal of Alvarez-Glasman & Colvin
and execute the appropriate agreement.
Planning Department —
Annexation of Nogales High School
Pre -annexation of Nogales H.S. City Manager Pasmant elaborated on the staff report.
Jenny Hirst, West Covina resident & Associate Principal of
Nogales High School
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Council Minutes of 7/20/04
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Pre -annexation of Nogales H.S.
Resolution 2004-68
Approving FY 04/05 budget
Dr. Ron Leon, Superintendent of Rowland Unified School District
Royal Brown, West Covina resident
Motion by Hernandez and seconded by Sanderson to take the
following actions: ,
* Authorize staff to negotiate a pre -annexation agreement
with the Rowland Unified School District as part of the
annexation of Nogales High School; and
* Authorize incorporation of the "grandfathering" of the
swap meet at Nogales High School into the pre -annexation
agreement.
Motion carried 3-1-1 with Wong voting no and Hernandez
abstaining. Councilmember Herfert noted that he has a problem
with the swap meet issue and hoped that more information would
be forthcoming before other action is required. Councilmember
Wong requested information on the finances tot he City should the
City annex the high school.
Finance Department —
2004/2005 Bud et Adoption
No elaboration of the staff report was given.
City Clerk Berry presented:
RESOLUTION NO.2004-68 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ADOPTING THE CITY OF WETS COVINA
OPERATING BUDGET, COMMUNITY DEVELOPMENT
COMMISSION BUDGET, CAPITAL IMPROVEMENT PRO-
GRAM AND LOCAL ENFORCEMENT AGENCY BUDGET
AND APPROVING THE APPROPRIATIONS FOR THE
FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING
JUNE 30, 2005
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and to adopt. Motion carried 3-2
with Miller and Wong voting no. Mayor Miller stated his reasons
for opposing the adoption of this budget.
City Manager's Office —
Establish a Sister -City Relationsbip with
Sister City - Council reviewed the staff report.
Kuobane, Japan Motion by Sanderson and seconded by Herfert to authorize
the Mayor to sign a letter of intent to establish a sister -city
relationship between the City of West Covina and the. City of
Kurobane, Japan. Motion carried 5-0.
City Manager's Office
Designation of Voting Delegate for
League of California Cities Annual Conference
Council reviewed the staff report.
Motion by Sanderson and seconded by Herfert to designate
Councilmember Hernandez as voting delegate and Mayor Miller as
the alternate for the League of California Cities Annual
Conference. Motion carried 5-0. ,
ITEMS HELD OVER Mayor Miller stated that the following items from this evening's
agenda will be consider by the City Council next Tuesday evening,
July 27 at 7:06 pm in the City Hall Council Chambers:
* F-2 Charter City Designation,
* F-5 Placement of.Military Memorial Plaques
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Council Minutes of 7/20/04
* F-6
Traffic on Increasing Traffic Fines
* F-7
Graffiti Removal Control Update
* F-8
Art in Public Places Ordinance
* I-1
Coyote Control Needs
ADJOURNMENT Motion by Herfert and seconded by Hernandez to adjourn the
0 meeting at 2:15 am to 7:00 pm July 27, 2004. Motion carried 5-0.
Attest:
City Clerk Janet Berry
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Mayor Michael L. Miller
G.