10-19-2004 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 19, 2004
• Mayor Miller called to order the regular meeting of the West Covina City Council at 7:05 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson,
Councilmembers: Herfert, Hernandez, Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee,
Hoppe, Wills, Tedesco, Elliott, Paul, Anderson, Bachman, Durbin,
Samaniego, Paul, Chung, Lee, Rudroff, Smilowitz, Yuasa, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council and Community Development
Commission commenced the special meeting at 6:15. All items
scheduled were announced for inclusion prior to convening into
closed session. The three items listed on the Community
Development Commission agenda were not discussed during
closed session but will be held over until after the regular City
Council meeting.
Regarding items on the City Council agenda:
Conference with Legal Counsel — Anticipated Litigation -
Discussion was held with special legal counsel, no final action was
taken and there was nothing further to report.
Conference with Labor Negotiators — Discussion held with City's
negotiators, no final action was taken and there was nothing further
to report.
Public Employee Appointment — City Attorney — City Attorney was
not present for the discussions so City Manager Pasmant reported
that Council provided direction to put together a contract with the
fine of Alvarez-Glasman & Colvin.
Public Employee Performance Evaluation — City Manager — This
item was not discussed and held over for discussion after the
regular City Council meeting.
CHANGES TO THE AGENDA City Attorney stated there is immediate need for one item to be
added to the closed session agenda, Nuefer vs. City of West
Covina. The addition of an item will require a motion and 2/3 vote
of the Council.
Motion by Herfert and seconded by Hernandez to add to
closed session the issue of Nuefer vs. City of West Covina.
Motion carried 5-0.
• PRESENTATIONS Blue Star Video was aired.
Mayor Miller, assisted by Environmental Management Director
Steve Samaniego, presented a Resolution of Commendation to
outgoing Senior Citizens Commissioner Harold Samecki.
Outgoing Senior Commissioner Shirley Markowitz was unable to
attend.
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Mayor Miller presented Certificates of Recognition to the
following school principals on their school being named a
California Distinguished School.
- Cheryl DeNoi, Merlinda Elementary
- Dr. Denise Patton, San Jose -Edison Academy
- Debby Hodgson, Mesa Elementary School
- Miriam Kim, Hollingworth Elementary
Mayor Miller presented Certificates of Recognition to the
following principals on their schools being named a Title 1
Academic Achievement School.
- Marjorie Miller, Merced Elementary School
- Cheryl DeNoi, Merlinda Elementary School
- Kathleen Granger, Orangewood Elementary School
- Mr. David Boege, Wescove Elementary
- Miriam Kim, Hollingworth Elementary
Mayor Miller presented Dr. David Alfaro of West Covina Rotary
and Luis Chacon of Sunrise Rotary a proclamation proclaiming
October 23-29, 2004 as Red Ribbon Week.
ORAL COMMUNICATIONS
John Scheuplein John Scheuplein, West Covina resident, encouraged continued
success of the schools that received recognition, complimented the
City Attorney, thanked the city employees for their continued hard
work and supported the development of affordable housing.
Marilee Marrero Marilee Marrero, West Covina Librarian, announced programs at
the West Covina Library and invited participation.
Tyra Mason Tyra Mason, representing the Chamber of Commerce, encouraged
support and invited the viewers to attend the West Covina Farmers
Market and Street Festival.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
a. Community Services 09/14/04
b. Joint Community Services/Planning 09/15/04
c. Planning 09/28/04
Ordinance for Adoption (waive reading & adopt)
Ordinance No. 2121 Sale of Alcohol for Off -Site Consumption
Sale of Alcohol ORDINANCE NO. 2121 — AN ORDINANCE OF THE CITY
Off -Site Consumption COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATING TO THE SALE OF
ALCOHOL FOR OFF -SITE CONSUMPTION (CODE
AMENDMENT NO. 04-03)
Claims Against the City of West Covina (deny & notify claimant)
Denial of Claims Cynthia Huffrnan vs. City of West Covina
Wlodzimierz Janczak vs. City of West Covina
Julian Ramirez vs. City of West Covina
Award of Bid
Rejection of Bids for Safety Netting at Two Parks
(Project No. YP-05603)
Rejection of Safety Netting Bids It is recommended that the City Council reject all bids submitted
YP-05603 at the bid opening on September 21, 2004, and authorize the Public
Works Director/City Engineer and City Clerk to re -bid this project.
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Miscellaneous — Public Works Department
Adoption of the Disadvantaged Business Enterprise Program In
Order to Receive Federal Funds for Street Improvements
Resolution 2004-81 Recommendation to adopt the following resolution:
DBE Program RESOLUTION NO. 2004-81 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING AND ADOPTING A DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM AND DIRECTING ITS
IMPLEMENTATION
Formation of Mello -Roos Community Facilities District for BKK
Site
Mello -Roos CFD at BKK Recommendation to consider the local goals and polices for
implementing the Mello -Roos Act and adopt the following
resolutions:
Resolution No. 2004-82 RESOLUTION NO. 2004-82- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING LOCAL GOALS AND POLICIES CONCERNING
DISTRICTS FORMED PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982
Resolution No. 2004-83 RESOLUTION NO. 2004-83- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENT TO ESTABLISH THE COASTAL
SAGE AND SCRUB (CSS) COMMUNITY FACILITIES
DISTRICT
Miscellaneous — Environmental Management
Authorization to Submit Application for Assembly Bill 939
(AB939) Reuse Assistance Grant and Adoption of Resolution
Approving participation in the AB 939 Reuse Assistance Grant
Program for FY 2004/2005
AB 939 Reuse Assistance Grant Recommendation is to authorize the following:
Resolution 2004-84 1) The submittal of an application for the AB 939 Reuse
Assistance Grant in the amount of $15,000;
2) The expenditure of a maximum of $30,000 from the restricted
Integrated Waste Management Fund # 129.52.5220, and
3) Adopt the following resolution:
RESOLUTION NO. 2004-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING PARTICIPATION IN THE AB 939 REUSE
ASSISTANCE GRANT PROGRAM FOR FY-2004/2005.
CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Herfert to waive further
reading of the ordinance and resolutions and adopt; and approve all
items listed on the Consent Calendar except C-lb, Joint
Community Services/Planning Commission Summary of
Actions dated 9/14/04 and C-5b, Formation of Mello -Roos
Community Facilities District for BKK Site. Motion carried by
roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: None
C-1 b Joint Community Services/Planning Commission Summary of
Actions dated 9/14/04.
Joanne Wilner Joanne Wilner, West Covina resident, clarified personal quotes
recorded at the joint meeting.
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Motion by Wong and seconded by Hernandez to receive and file
the joint Community Services/Planning Commission Summary of
Actions. Motion carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
Councilmember Hernandez left the dais at 8:22 p.m.
C-5b Formation of Mello -Roos Community Facilities District for
BKK Site. Deputy City Attorney Matt Gorman responded to
questions regarding the proposed tax rate per acre within the
Community Facilities District. Mr. Gorman explained the
proposed rate is a high -end estimate and once the final operational
costs are determined, the tax rate can be decreased down. Mr.
Gorman further explained that this request is a preliminary motion
to start the process to form a Mello -Roos district.
Discussion continued with staff answering questions
regarding the tax and annual maintenance costs, notification to
property owners and parties involved.
Councilmember Hernandez returned at 8:32 p.m.
Motion Motion by Herfert and seconded by Sanderson to waive further
reading of the resolution and to adopt resolution numbers 2004-82
and 2004-83.
Councilmember Wong stated he would not be able to support the
motion because if the City is going to impose a tax, we should
have a better estimate of the proposed tax.
Mayor Miller requested assurance that Eclispe will be
notified of proposed tax, whether the City will have any
exemptions, and what implications will be, if any, to operators and
future land owners at the site.
Action on motion Motion carried 4-1 with Councilmember Wong voting no.
DEPARTMENTAL MATTERS PUBLIC WORKS
South Azusa Avenue Capacity Enhancement Study
(Project No. SP-01125)
Azusa Avenue Study Staff report was presented by Public Works Director Yauchzee.
Bill Devorak of Kimley-Horn presented a short power point
presentation describing the study background, roadway history,
current and future conditions and the overall project. Mr. Devorak
and staff responded to questions and comments of Council
regarding intersection improvements and segment improvements.
Councilmember Herfert stated his concern of the Study's
recommendation of widening Azusa and the increased traffic
congestion and requested whether the intersection improvements
could take place and not the segment improvements, which
Devorak confirmed could be done.
Mr. Devorak responded to Mayor Pro Tem Sanderson question
whether other cities have been contacted regarding transit
alternatives. Yauchzee added that one of the recommendations is
to pursue grant funding for a Corridor Study.
Further Council discussion ensued with Yauchzee and Mr.
Devorak answering questions.
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Cathy J. Bradley Cathy J. Bradley, West Covina resident, strongly opposed to the
widening of Azusa Ave. and the added congestion.
Claudia Orantes Claudia Orantes, West Covina resident, opposed to the widening
and added congestion on Azusa.
• F.W. Watkins F.W. Watkins, West Covina resident, also opposed the widening of
Azusa seeing no benefit.
Joanne Wilner Joanne Wilner, West Covina resident, supported intersection
improvements but opposed widening.
John Scheuplein John Scheupein, West Covina resident, suggested advance
notification to the public of items on the consent calendar portion
of the agenda and commented on traffic mitigation.
Jim Matsuoka Jim Matsuoka, West Covina resident, opposed to the widening, and
stated widening will increase speed of cars traveling on Azusa.
Councilmembers concurred with the need for intersection
improvements but not the widening of Azusa Avenue.
Councilmember Hernandez supported improvements to the timing
of traffic lights. Councilmember Miller encourageed his fellow
Councilmembers to approve intersection improvements and
direction to staff to seek grant funding for a Corridor Study.
Councilmember Wong concured.
Deputy City Clerk presented
Resolution No. 2004-85 RESOLTUION NO. 2004-85 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE ENVIRONMENTAL IMPACT
REPORT/ENVIRONMENTAL ASSESSMENT AND
CERTIFTYING THE STATE ENVIRONMENTAL
DOCUMENT, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
Council discussed change of language to delete any reference of
widening in the resolution and to pursue grant funding for a
Corridor Study to explore alternatives in place of widening.
Motion Motion by Hernandez and seconded by Herfert to waive further
reading of the resolution and approve the following staff
recommendations:
1. Approve Resolution No. 2004-85.
2. Direct staff to pursue grant funding for the intersection
improvements only, including at -grade improvements as Azusa
Avenue and Amar Road, and not to pursue the street widening.
3. Pursue grant funding for a Corridor Study to explore
alternatives in place of widening.
Motion carried 5-0.
Recess Mayor Miller recessed the meeting at 9:40 p.m. The City Council
meeting reconvened at 9:50 p.m. with all members present.
FIRE DEPARTMENT
Council Approval of the City of West Covina Hazard
Mitigation Plan
Fire Captain Jim Rudroff presented the staff report and responded
to questions from Council.
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Deputy City Clerk presented
Resolution 2004-86 RESOLTUION NO. 2004-86 — A RESOLUTION OF THE CITY
Hazard Mitigation Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
TO ADOPT THE CITY OF WEST COVINA HAZARD
MITIGATION PLAN.
Motion by Herfert and seconded by Wong to waive further reading
of the resolution and adopt. Motion carried 5-0.
PLANNING DEPARTMENT
Request for Waiver of Fees Associated with Temporary Use
Permit for Abundant Living Word International Event
Planning Director McIsaac presented staff report.
Doaquin Mosley Doaquin Mosley, Abundant Living Word International, requested a
partial waiver of fees if Council could not waive all fees.
Joanne Wilner Joanne Wilner, West Covina resident, felt it was inappropriate to
waive fees for an organization of religious nature.
Waiver of fees Motion by Hernandez and seconded by Wong to approve staff
Abundant Living Word Int'I recommendation that the City Council deny the request of
Abundant Living Work International to waive all permit fess
associated with the issuance of a temporary use permit (TUP) for
their Harvest Festival on October 31, 2004. Motion carried 5-0.
HUMAN RESOURCES DEPARTMENT
Citv Council Benefit Adiustments
City Manager Pasmant presented the staff report with which staff
is seeking policy direction. Staff responded to questions from
Council regarding the 12-city labor market review.
John Scheuplein John Scheuplein, West Covina resident, stated that Council should
consider an annual cost of living increase.
Joanne Wilner Joanne Wilner, West Covina resident, opposed the proposed
benefit adjustments.
Councilmember Herfert felt the issue is who the Council benefits
are tied to and supported Councilmembers being tied to the City
Manager. Mayor Pro Tern Sanderson concurred with
Councilmember Herfert's reasons.
Councilmember Wong stated he couldn't support the proposed
adjustments given the current budget situation. Mayor Miller also
stated he would not support the adjustments, that he doesn't need
them.
Deputy City Clerk presented:
Resolution 2004-87 RESOLUTION NO. 2004-87 — A RESOLUTION OF THE CITY
Council Benefits Adjustments COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2002-24 AND 2003-96
RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS
AND COMPENSATION FOR CITY COUNCIL
Motion by Herfert and seconded by Hernandez to waive further
reading of the resolution and adopt. Motion carried 3-2 with
Councilmember Wong and Mayor Miller voting no.
FINANCE DEPARTMENT
Deferred Compensation Proposal
Finance Director Bachman presented the staff report. ' Staff
answered questions from Council regarding employees'
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opportunities to review the various plans and vendors available to
them for deferred compensation.
Motion Motion by Wong and seconded by Miller to receive and file.
Motion failed 2-3 with Councilmembers Herfert, Hernandez, and
Sanderson voting no.
Second motion Councilmember Herfert offered a second motion to pursue
exploring the benefits of a single provider as administer of the
City's deferred compensation plan.
Councilmember Wong requested to amend the motion by
adding that staff poll the employees as to whether they would like
council to select a single provider for them and to receive
employee input. Amended motion seconded by Miller. Motion
carried 5-0.
COMMUNITY SERVICES
Proposed Special Events for FY 2004-2005
Proposed special events No staff report presented. Motion by Herfert and seconded by
Hernandez to approve staff recommendation of approving the
proposed Special Events, as identified on attachment A of the staff
report, and fund by the $11,800 discretionary funds in account no.
5150-6188 for fiscal year 2004-2005.
In response to questions from Council, staff clarified that funding
for the special events were approved in 2004-05 FY budget, but a
list of proposed programs were being brought back for approval by
Council.
Joanne Wilner Joanne Wilner, West Covina resident, commented of costs and
funding levels of the proposed events.
Councilmember Hernandez calls for the question. Motion to
approve staff's recommendation carried 5-0.
CITY CLERK'S OFFICE
2005 General Municipal Election
2005 Election City Manager Pasmant presented the report requesting policy
direction from Council. Pasmant stated that with the resignation of
City Clerk Janet Berry, staff would need consultant assistance for
the upcoming general municipal election in March. Options of
moving the election date were also provided in the staff report.
Staff responded to questions regarding consultant costs.
Council discussion commenced regarding options to fill the
unexpired term of the elected City Clerk portion of Ms. Berry's
position. Council requested options to be brought back for
consideration at the next Council meeting.
John Scheuplein John Scheuplein, West Covina resident commented on the need of
an experienced City Clerk and role.
Councilmember Wong expressed his opinion on filling the staff
position in time for the March election, eliminating the need to
change the election date.
Motion by Herfert and seconded by Hernandez to move the general
municipal election to November. (Alternate 3)
Councilmember Hernandez shared his views for supporting
the motion.
Councilmember Wong reiterated his opinion of being able
to hire qualified staff and not need to move the election.
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Mayor Miller restated the motion. Motion carried 3-2 with Wong
and Miller Wong voting no.
Deputy City Clerk presented the following ordinance for
introduction:
• Ordinance introduction to AN ORDINANCE OF THE CITY COUNCIL OF THE
Move election date CITY OF WEST COVINA, CALIFORNIA, MOVING THE
DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION
FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY
IN MARCH OF THE ODD -NUMBERED YEARS TO THE
FIRST TUESDAY AFTER THE FIRST MONDAY IN
NOVEMBER OF THE ODD -NUMBER YEARS
Motion by Herfert and seconded by Hernandez to waive further
reading of the ordinance and introduce. Motion carried 3-2 with
Wong and Miller voting no.
MAYOR'S REPORTS Appointment of City Council Representative to San Gabriel
Valley Mosquito & Vector Control District Board of Trustees
Mayor Miller requested Councilmembers to let him know if they
wish to serve on the board before November 2, 2004, at which time
he will make an appointment.
Councilmember Herfert left the meeting at 10:10 p.m.
Proposition 68 Proposition 68— Non -Tribal Commercial Gambling Expansion.
Tribal Gaming Compact Amendments. Revenues, Tax
Exemptions. Initiative Constitutional Amendment and Statute.
Council reviewed the staff report.
Joshua Pelzer Joshua Pelzer, representing "No on 68" campaign, distributed
material on the proposition and presented views in opposition to
Proposition 68.
John Scheuplein John Scheuplein, West Covina resident, presented views in support
of Proposition 68.
Mayor Pro Tern Sanderson stated her opinion that state
propositions are out of the scope of councilmembers and
encouraged people to vote.
Deputy City Clerk presented the following resolution:
Resolution No. 2004-88 RESOLUTION NO. 2004-88 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OPPOSING PROPOSITIN 68 — NON -TRIBAL COMMERCIAL
GAMBLING EXPANSION. TRIBAL GAMIN COMPACT
AMENDMENTS. REVENUE, TAX EXEMPTIONS.
INITIATIVE CONSTITUTIONAL AMEND AND STATUTE
Motion by Wong and seconded by Miller to waiver further
reading of the resolution to oppose Proposition 68 and adopt.
Motion carried 3-1 with Sanderson voting no and Herfert absent.
• City Council Liaison Meeting Highlights
Liaison Meetings Mayor Miller presented highlights of the report, specifically the
San Gabriel Valley COG Transportation Committee meeting.
The report was received and filed.
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COUNCILMEMBERS' REPORTS
Councilmember Wong
Proposition I — Protection of Local Government Revenues
Proposition IA Councilmember Wong presented his position in support of
Proposition IA.
Deputy City Clerk presented the following resolution:
Resolution No. 2004-89 RESOLUTION NO. 2004-89 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUPPORITNG PROPOSITION IA — PROTECTION OF LOCAL
GOVERNMENT REVENUES
Motion by Wong and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carved 3-1 with
Sanderson voting no. and Herfert absent.
Councilmember Wong
Proposition 70 — Tribal Gaming Compacts. Exclusive Gaming
Rights. Contributions to State. Initiative Constitutional
Amendment and Statute.
Proposition 70 Councilmember Wong presented background of proposition and
his position in opposition
Deputy City Clerk presented the following resolution:
Resolution No. 2004-90 RESOLUTION NO. 90 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OPPOSING PROPOSITION 70 — TRIBAL GAMING
COMPACTS. EXCLUSIVE GAMING RIGHTS.
CONTRIBUTIONS TO STATE. INITIATIVE
CONSTITUTIONAL AMENDMENT AND STATUTE.
Motion by Wong and seconded by Miller to waiver further
reading of the resolution to oppose Proposition 70 and adopt.
Motion carried 3-1 with Sanderson voting no and Herfert absent.
Councilmember Hernandez
Update on the Quail Ridge Shopping Center (3620-3670 S.
Nogales Street)
Redevelopment Director Chris Chung presented the staff report.
Councilmember Hernandez stated for the public's benefit that the
developer has been given a number of extensions and expressed his
opinion to let the permits for development to expire to allow for
the interest of another developer.
Planning Director McIsaac stated that the current developer
has applied for a 3-month extension to the permits, which will go
before the Planning Commission. Mayor Miller suggested another
update for the November 16 Council meeting.
Herb Redholtz Herb Redholtz,
continuing with
progressing.
West Covina resident voiced his opposition to
the current developer, as the project is not
Motion by Hernandez and seconded by Sanderson to receive and
file the report. Motion carried 4-0.
ADJOURNMENT Mayor Miller announced that the City Council will recess at 11:35
p.m. and would reconvene in the City Manager's Conference
Room to consider closed session items not finished earlier in the
evening. City Attorney Alvarez-Glasman announced the items that
would be considered in closed session, Public Employee
Performance Evaluation of City Manager and one item added at
the beginning of the regular meeting, Existing Litigation, Nuefer
vs. City of West Covina.
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• ATTEST:
. ZLY,
Deputy City Cl k Susan Rush
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Mayor Michael . Miller
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