12-21-2004 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 21, 2004
0 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Sanderson
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, Anderson, Bachman, Durbin,
Samaniego, Chung, Lee, Cendejas, Villegas; M. Gorman,
Semblantes, 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 6:04. Prior to
recessing into closed session all items scheduled on both agendas
were announced for inclusion in the closed session discussion.
Regarding items on the City Council agenda: All items on
the City Council agenda (Conference with Legal Counsel —
Anticipated Litigation, Public Employee Performance Evaluation)
were discussed with no final action and nothing further to report.
Regarding items on the CDC agenda:
Conference with Real Property Negotiators-
298 N. Azusa Avenue, 1900 E. Garvey Avenue South - No action
taken, direction was provided to staff to bring back at the next
special meeting.
730 S. Orange Avenue, 1700 West Covina Parkway - direction
provided to staff by unanimous vote to proceed with owner
participation letter which would include receiving proposal for
price and terms of development and payment of the site.
CHANGES TO THE AGENDA City Manager Pasmant announced that the Certification of
Recognition of Police Horse Jett would be held over to the next
regular meeting.
PRESENTATIONS Blue Star Video was aired.
Mayor Miller presented a $1,200 donation to Frank Scalfaro,
President of the West Covina Rose Float Foundation to assist with
the Rose Parade float.
• DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE
E=2 Mayor Miller moved forward Item E-2, BKK Update. Special
BKK Update Legal Counsel Colin Lennard provided an update on the following
subject areas regarding BKK: 1) Notice and Order issued by
DTSC against BKK; 2) Integrated Waste Management Board and
Council Minutes 12-21-04
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closing of the class III landfill; and 3) the Potentially Responsible
Parties meeting on December 17, 2004.
City Manager Pasmant stated that the City has received an
inventory of BKK documents that are at the West Covina Library
and this information will be incorporated on the website.
Councilmember Herfert added that all records are also held
in the City. Special. Counsel Lennard clarified that some BKK
documents that are between BKK and the State are not available as
the City is not privy to them.
Royall Brown, West Covina resident, commented on a recent
Supreme Court case and the need for public participation.
John Scheuplein, West Covina resident, concurred with the
previous speaker and posed questions regarding timeline on
extraction wells and liability.
Councilmember Hernandez requested that the Council continue to
receive updates and that the Council have advanced notice of any
DTSC or Integrated Waste Management Board meetings.
Motion by Miller and seconded by Hernandez to receive and file
the report. Motion carried 5-0.
ORAL COMMUNICATIONS
John Hughes John Hughes, West Covina resident, congratulated the Rose float
Committee for the funds they have raised and spoke on senior
issues and the need for assistance funds.
John Scheuplein John Scheuplein, West Covina resident, also spoke on senior issues
and the need for affordable housing.
Tyra Mason Tyra Mason, representing the West Covina Chamber, spoke in
support of the West Covina Farmers Market:
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
B_1 Mayor's Report
Liaison Meeting Highlights City Council Liaison Meetings Highlights
Mayor Miller provided a brief update of the recent meetings he
attended.
Motion by Herfert and seconded by Hernandez to receive
and file the report. Motion carried 5-0.
B=2 Mayor's Report
Sister City Update Sister Citv Kurobane, Japan Update
A short powerpoint presentation was aired of the recent visit to
Sister City Kurobane, Japan attended by Mayor Miller, City
Manager Pasmant, and Administrative Analyst Chris Freeland.
Motion by Miller and seconded by Herfert to receive and
file. Motion carried 5-0.
B=3 Councilmember Hernandez
City Council Ratification of Department Head and/or Other
Staff Appointments
Councilmember Hernandez requested this item be pulled because it
is not applicable to West Covina given the municipal code
specifically addresses the issue of department head and other staff
appointments.
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Herb Redholtz, West Covina resident stated his opinion that he is
against City Council ratification of staff and supported the City
Managers ability to appoint staff.
John Scheuplein, West Covina resident, concured with the
previous speaker and publicly wanted to voice his support of the
• City Manager and also requested the City Council to act as a team.
Motion by Miller and seconded by Wong to receive and file the
report. Motion carried 5-0.
B-4 Councilmember Hernandez
CIP Consultant Services Engineering Consultant Services for Public Works Capital
Improvement Projects (CIP)
Councilmember Hernandez stated his reasons for requesting this
item to be agendized.
Motion by Hernandez and seconded by Sanderson to direct
staff to prepare an RFP [later clarified as an RFQ] for a single
engineering firm that will undertake Capital Improvement Projects
(CIP) as necessary.
Public Works Director Yauchzee responded to questions of
Council regarding the current process of utilizing consultants and
stated that engineering consultants are used primarily for
specialized work on as needed basis. Mayor Miller supported
receiving requests for qualifications increasing the available
engineer firms to choose from.
Discussion continued clarifying the intent of the motion, a
Request for Proposal (RFP) or Request for Qualifications (RFQ).
Councilmember Hernandez clarified his intent as an RFQ, to have
a sole contact for the work.
Council further discussed the need of specialized services
that might be required that a single firm may not have and whether
the firm would need to subcontract. Councilmember Wong
requested a report on what other cities have done and the cost
implications.
Mayor Miller request vote on motion. Motion carried 5-0.
B-5 Councilmember Hernandez
Goal Setting Workshop City Council Goal Setting Workshop
Council discussed options regarding the scheduling of a Goal
Setting Workshop. Motion by Herfert and seconded by Hernandez
to direct the City Manager's Office staff to contact each
Councilmember and coordinate a date for a Goal Setting
Workshop. Motion carried 5-0.
B-6 Human Resources
CDC Restructure Restructuring of Community Development Commission
(Department)
Motion by Herfert and seconded by Sanderson to hold this item
over to January 4, 2005. Motion carried 5-0.
CONSENT CALENDAR
C-1 Commission Summary of Actions (receive & file) •
a) Human Resources 11/10/04
C-2 Ordinance for Adoption (waive reading & adopt)
Ordinance No. 2126 Zone Change No. 04-05
Recommendation to adopt the following ordinance:
Zone Change 04-05 ORDINANCE NO. 2126 — AN ORDINANCE OF THE CITY
Citrus/Workman COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 04-05 (Citrus/Workman)
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C-3
Final Map
Resolution No. 2004-100
C-4
Approval of Final Map
Parcel Map No. 26899
2000 Green Ridge Terrace
Subdivider: City of West Covina
Recommendation to adopt the following resolution:
RESOLUTION NO. 2004-100 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF PARCEL MAP 26899
LOCATED AT 2000 GREEN RIDGE TERRACE AND
DIRECTING THE RECORDATION THEREOF (City of West
Covina)
Traffic Committee Minutes — Special Meeting of December 9,
2004 (accept and approve)
Recommendation is to accept and approve the Traffic Committee
Minutes of the special meeting of December 9, 2004.
Miscellaneous — Finance Department
C-5 Procurement of Administrative Four -Door Sedan
Procurement of Four -door Sedan Recommendation is to proceed with the lease of a new, 2005
Cadillac STS at a cost not to exceed $26,017.00 over the 36-month
period with payment not to exceed $675.00/month.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further
reading of the ordinance and resolution and adopt, and approve all
items on the consent calendar. Motion carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: None
HEARINGS PUBLIC HEARING
D-1 ZONE CHANGE NO. 04-04
CATEGORICAL EXEMPTION
Applicant: Suzanne Dunn, West Covina Chamber of Commerce
Location: 1000 West Covina Parkway (West Covina Parkway
Plaza)
Mayor Miller announced the public hearing set for a zone change
at 1000 West Covina Parkway to add the Outdoor Uses Overlay
Zone to allow for a Farmers Market to operate at the site.
Deputy City Clerk Rush verified that proper legal notice
had been given and Mayor Miller opened the hearing. Planning
Director McIsaac presented the staff report.
Public Testimony Mayor Miller asked for public testimony in favor of the project and
the following addressed Council.
In Favor Suzanne Dunn, President of the West Covina Chamber
Jerry Dahlberg, Farmer's Market manager
Bob Gray, West Covina resident
Testimony closed Mayor Miller closed the public testimony portion of the hearing as
there were no others wishing to address council.
Deputy City Clerk presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 04-04.
Motion by Wong and seconded by Sanderson to introduce
the ordinance. Motion carried by the following roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: None
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Call to order the CDC Mayor Miller called to order the Community Development
Commission for the purpose of conducting the following joint
public hearing.
JOINT PUBLIC HEARING CONTINUED JOINT PUBLIC HEARING OF THE CITY
• COUNCIL AND THE COMMUNITY DEVELOPMENT
COMMISSION
D-2 ESTABLISHMENT OF COASTAL SAGE AND SCRUB
(CSS) COMMUNITY FACILITIES DISTRICT (PER
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982)
AND AUTHORIZING AN ELECTION AND CDC VOTE ON
THE LEVY OF SPECIAL TAXES RELATED THERETO
Formation of CFD Mayor Miller announce the public hearing on the formation of the
proposed Coastal Sage and Scrub Community Facilities District
was opened on December 7, 2005 and continued to this date.
Deputy City Clerk Rush verified that proper legal notice had been
given. Public Works Director Yauchzee presented the staff report
and answered questions presented by Council.
Lengthy discussion ensued regarding the assessment and when the
assessment begins. Staff clarified that the assessment is for the
maintenance of the Coastal Scrub and maintenance will not begin
until after the restoration of the habitat.
Community Development Director Chung addressed the
requirement of the U.S. Fish & Wildlife that would ensure the
continuous maintenance of the project. Evidence is required either
through bonds or an assessment district in order to begin the
proj ect.
Mayor Miller asked if any written protests, objections or comments
regarding the establishment of the Coastal Sage and Scrub
Community Facilities District had been received and Deputy City
Clerk Rush responded in the negative.
Public Testimony Mayor Miller requested comments from the public.
Royall Brown, West Covina resident, spoke in support of forming
the Community Facilities District.
Testimony Closed There being no others wishing to address Council Mayor Miller
closed the public testimony.
City Council Action
Deputy City Clerk presented:
Resolution No.2004-101 RESOLUTION NO. 2004-101— A RESOLTUION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FORMING THE COASTAL SAGE AND SCRUB (CSS)
COMMUNITY FACILITES DISTRICT AND SETTING AN
ELECTION FOR THE LEVY OF SPECIAL TAXES FOR
DECEMBER 21, 2004
Motion by Herfert and seconded by Sanderson to waive
• further reading of the resolution and adopt. Motion carried 5-0.
Community Development Commission Action:
Deputy City Clerk presented:
Resolution No. 578 RESOLUTION NO. 578 — A RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA, CALIFORNIA, VOTING IN FAVOR OF
THE LEVY OF SPECIAL TAXES BY THE CSS COMMUNITY
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DEPARTMENTAL MATTERS
E-1
FACILITIES DISTRICT AND WAIVING ALL TIME LIMITS
AND ELECTIN REQUIREMENTS RELATING THERETO
Motion by Wong and seconded by Hernandez to waiver
further reading of the resolution and adopt. Motion carried 5-0.
PUBLIC WORKS
Election on the Levy of Special Taxes by the CSS Community
Facilities District and Certification of the Results Thereof
Staff report presented by Public Works Director Yauchzee.
Yauchzee stated that now that the Community Facilities District
has been formed the City can proceed with the election.
Deputy City Clerk presented:
RESOLUTION NO. 2004-102 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF
THE ELECTION HELD ON DECEMBER 21, 2004 ON THE
LEVY OF SPECIAL TAXES BY THE COASTAL SAGE AND
SCRUB (CSSS) COMMUNITY FACILITIES DISTRICT.
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Miller recessed the City Council meeting at 9:10 p.m. to
continue the items on the Community Development Commission
agenda. The City Council reconvened at 9:17 p.m.
DEPARTMENTAL MATTERS
E-2 CITY MANAGER'S OFFICE
BKK Update
This item was brought forward and acted upon at the beginning of
the meeting.
PLANNING DEPARTMENT
Preservation of Historic Resources
Preservation of Historic Homes Planning Director McIsaac presented the staff report regarding
establishing a program encouraging the protection of historic
homes in the City. McIsaac answered questions of Council
regarding possible incentives, tax breaks, and disclosures to
prospective buyers.
Mayor Pro Tern Sanderson inquired how many homes
would be effected and would a program be citywide or area
specific. McIsaac stated that the program would be citywide and a
survey would need to be conducted for the number of homes.
Motion Motion by Hernandez and seconded by Sanderson to direct
staff to develop a city preservation ordinance consistent with the
Mills Act to protect historic homes.
Mayor Miller asked for clarification if this motion also
included a survey of homes to determine the magnitude of a
program. Councilmember Hernandez agreed to include the survey
in the motion.
Councilmember Wong voiced his concerns of the
preservation being mandatory and supports moving forward on a
voluntary basis. Councilmember Herfert supports the process with
public input.
Mayor Miller restated the motion to proceed with
development of preservation ordinance with a survey. Motion
carried 5-0.
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CONTINUED ORAL COMMUNICATIONS
Royall Brown, West Covina resident, commented on the municipal
code section regarding the City Manager's residency requirements.
MAYOR'S REPORTS Placement and Dedication of Bronze Donor Recognition Tree
From West Covina Beautiful
• H-1 Council reviewed the staff report. Motion by Hernandez and
seconded by Sanderson to the recommendation the place the
Bronze Donor Recognition Tree on the west wall of the
Community Room and that all costs to be paid by West Covina
Beautiful. Motion carried 5-0.
COUNCILMEMBERS' Councilmember Herfert
REPORTS Reconsideration of Ordinance for Adoption — Amendment to
West Covina Municipal Code, Section 2044 Relating to
Motions for Reconsideration
I_1 Councilmember Herfert stated that this item was on the agenda at
the last meeting which due to his absence received a 2-2 vote and
requested it brought back. Councilmember Herfert asked the City
Attorney if the word rescind could be added to the proposed
ordinance.
City Attorney Alvarez-Glasman stated the word rescind
could be added but the ordinance would then need to be introduced
this evening with the second reading and adoption at the next
meeting.
Council discussion followed over the ability to reconsider or
rescind an item previously approved or adopted by Council.
Motion Motion by Herfert and seconded by Sanderson to add the.word
rescind to the proposed ordinance, introduce and bring back for
second reading and adoption at the next Council meeting.
John Scheuplein, West Covina resident suggests consideration
should be taken when a Councilmember is not present at a
meeting.
Mayor Pro Tem Sanderson initiated discussion regarding Roberts
Rules of Order motion to reconsider. The City Attorney responded
that Roberts Rules of Order address motions for reconsideration,
motions to rescind and motions to amend actions previously
adopted. The Council can craft an ordinance to make any
exceptions to Roberts Rules of Order.
Councilmember Herfert restated his motion to insert
rescind into the proposed ordinance in the staff report which would
allow reconsideration or the ability to rescind by only a member of
the majority during the same session or a recessed or adjourned
session and to eliminate the last sentence as previously written.
Council discussion continued and Councilmember Herfert called
for the question.
• Mayor Miller stated that as a courtesy the item should have been
held over at the last meeting due to Councilmember Herfert's
absence.
Mayor Miller called for a vote on the motion. Motion did not carry
by a vote of 2-2-1 with Wong and Miller voting no and Hernandez
abstaining.
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ADJOURNMENT Mike Miller adjourned the meeting at 9:58p.m.
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ATTEST:
Deputy -City Cl rk Susan Rush
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Mayor Michael L. Miller