01-18-2005 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
January 18, 2005
Mayor Miller called to order the regular meeting of the West Covina City Council at 7:15 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Kelly Dupee
Faith Community Church
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson,
Councilmembers: Herfert, Hernandez, Wong
Others Present: City Manager Pasmant, City Attorney Alvarez-Glasman, Fields,
McIsaac, Yauchzee, Hoppe, Elliott, Bachman, Durbin, Samaniego,
Chung, Anderson, Hernandez, Rush
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
• ORAL COMMUNICATIONS
City Attorney Alvarez-Glasman reported the following:
The items listed on the City Council closed session agenda
have been held over to February 1, 2005.
The Community Development Commission convened
closed session at 6:05 p.m. with all members present. The issue on
the agenda was announced for inclusion prior to convening in
closed session. Regarding the following matter:
Conference with Real Property Negotiators, 298 N. Azusa Avenue,
1900 E. Garvey Avenue South - direction was provided to craft an
agreement with a vote of 3-2 (Herfert and Sanderson voting no).
There was no final action taken and the matter will be brought
back in open session for further consideration.
No changes.
Blue Star Video was aired.
Congresswomen Hilda Solis presented a check for $100,000 to
Fire Chief Richard Elliott for emergency preparedness supplies and
equipment.
Public Works Director Shannon Yauchzee presented a slide show
of recent storm damage and repairs. Police Chief Wills reported
on the decline of traffic collision during the storms. Fire Chief
Richard Elliott provided a briefing of activities during the storm.
John Scheuplein John Scheuplein, West Covina resident, questioned proper noticing
of public hearing item relative to parking of accessory recreational
vehicles.
Council Minutes 01/18/05
Melodia Cabatbat Melodia Cabatbat, West Covina resident, commented on the
maintenance of fences at Shadow Oak Park and an alleged new
law.
Mayor Miller directed the resident to confer with Public
Works.
Cookie Nance Cookie Nance, West Covina resident, addressed the Council on the •
Wal-Mart project at the BKK site.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the budget deficit
and economic development.
Joanne Wilner Joanne Wilner, West Covina resident, spoke on the sale of
Shakesphere Park and irrigation funding.
Tyra Mason Tyra Mason, representing the West Covina Chamber, promoted the
West Covina Farmers Market located at West Covina Parkway and
California Avenue.
Mayor Miller requested a report on the issue raised by Ms. Wilner
relative to park irrigation funding and an update from the City
Manager on the status of Kohl's.
Regarding Kohl's, the City Manager Pasmant stated the
City is waiting for a proposal from the owner of property.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No items carried over from previous council meetings.
CONSENT CALENDAR
C-1 Commission Summary of Actions (receive & file)
No reports presented.
C-2 Claims Against the City (deny & notify claimant)
a) Virginia Flores vs. City of West Covina
b) Mercury Insurance vs. City of West Covina
c) Casandra Wallace, Lyric London, Demytria London vs. City of
West Covina
Award of Bid
C-3a Award of Bid for ADA Improvements at Eleven City Parks
(Proiect No. PP-03203)
ADA Improvements Recommendation is that the City Council accept the bid of All
PP-03203 American Painting in the amount of $59,885 submitted at the bid
opening on December 28, 2004, and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
C-3b Award of Bid for Safety Netting at Two Parks
(Proiect no. YP-056703-RI)
Safety Netting Recommendation is that the City Council accept the bid of GL
YP-056703-R1 Gaylor Construction, Inc. in the amount of $47,675 submitted at
• the bid opening on December 28. 2004 and authorize the Public
Works Director/City Clerk to execute the contract.
C-3c Award of Bid for Upgrade of Communications Center 9-1-1
Equipment and Work Stations
911 Equipment & Work Stations Recommendation is for the City Council to approve the award of a
contract to Verizon Communications to upgrade the City's 911
Emergency Telephone System and replace the existing work
stations (furniture) as follows:
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Council Minutes 01/18/05
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1) Upgrade existing Vesta/ComCentrex System with new servers,
PC's, monitors and associated peripherals for $96,701.57.
2) Five (5) Basik 213P 120 Power Lift Work Stations and
supporting file for $44,842.55.
C-3d Award of Bid for Bulletproof Vests
Bulletproof Vests Recommendation for City Council to:
1) Authorize the purchase of 90 XTX2-3 bulletproof vests from
Aardvark Tactical, Inc., of Azusa, for $48,712.50 including
tax,
2) Authorize the following appropriations (the remaining
$16,865.98 will come from the West Covina Service Group's
current budget):
• $2,213 into 195.31.3110.6999 (recently awarded
reimbursable BJA Bulletproof Vest Partnership Grant);
• $25,892.40 from the fund balance of Fund 116 (State
asset forfeiture) to 116.31.3110.6999;
• $3,74.1.12 from the fund balance of Fund 117 (federal
asset forfeiture) to 117.31.3110.6999.
C-4
City Treasurer's Report (receive & file)
Report for November 2004
C-5a Miscellaneous — Environmental Management
May 14, 2005 Los Angeles County Household Hazardous
Waste/Electronic Waste Collection Day (Roundup) in West
Hazardous Waste Roundup Recommendation is that the City Council authorize staff to host the
Los Angeles County Household Hazardous Waste Collection
Program here in West Covina.
C-5b Miscellaneous — Finance Department
2005 Investment Policy
Investment Policy Recommendation is that the City Council adopt the City's
Investment Policy and accompanying Investment Portfolio
Guidelines.
C-5c Miscellaneous — Police Department
Purchase Authorization for Grant -Funded Robotic Search and
Surveillance System and Wireless Cameras
Grant -funded Equipment Recommendations that the City Council authorize the purchase of
miscellaneous electronic search and surveillance components for
$57,193.89 from the Machine Lab of Monrovia using currently
appropriated homeland security grant funds.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to adopt all items
listed on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: None
PUBLIC HEARINGS CODE AMENDMENT NO. 03-03
PARKING OF ACCESSORY RECREATIONAL VEHICLES,
UTILITY TRAILERS, MOTOR HOMES AND
RECREATIONAL EQUIPMENT IN SINGLE-FAMILY
RESIDENTIAL ZONES
D-1 Mayor Miller announced the public hearing. Deputy City Clerk
verified that property legal notice had been given and Mayor
Miller opened the hearing.
Planning Director Doug McIsaac presented the staff report
pertaining to a code amendment addressing the manner in which
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the City wishes to regulate the parking of recreational vehicles in
the front of single family homes. This item was previously before
Council on July 20, 2004 and at that time there was no consensus
as to the most appropriate regulatory approach to adopt. Mr.
McIsaac presented a slide show of a variety of motor homes and
RV's throughout the City.
• McIsaac stated there are two policy issues that need to be
decided in order to complete the code amendment.
1) Should the City allow for the parking of RV's in the front yard,
and if so, what types, and
2) What, if any, additional standards should be adopted to
regulate the manner in which RV's can be parked.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and asked for comments from the public.
Donald Johnston, West Covina resident supported continuing to
allow motor homes and recreation vehicles in from of homes.
Eugene Cole, West Covina resident supported residents continued
housing of motor homes.
Gail Owens, West Covina resident, West Covina resident
supported keeping motor homes at home.
Joanne Wilner, West Covina resident, opposed parking of motor
homes in the front of homes. _
John Scheuplein, West Covina resident, opposed to the City
Council determining what residents keep on their property.
Testimony closed There being no others desiring to address Council, Mayor Miller
closed the testimony portion of the hearing.
Councilmembers shared their views on recreational vehicles
parked in the front of home and the rights of homeowner and
concurred on the need for maintenance standards on recreational
vehicles and the need of communication with neighbors.
Motion Motion by Herfert and seconded by Hernandez to uphold the code
as amended in 1999 and adopt maintenance standards.
After discussion regarding the code prior to the 1999 amendment,
which allowed both accessory RV's and motor homes and the
current code, which prohibits accessory RV's although not
enforced, Councilmember Herfert clarified that his motion is to
uphold the current procedure of enforcing restrictions for utility
trailers and allow accessory RV's and motor homes and develop
maintenance standards.
Following Council discussion the motion was amended to develop
an ordinance that would:
1. allow one motor homes or habitable accessory vehicle in front
yard area
• 2. require a permit for a second motor home or habitable
accessory vehicle
3. require a permit for a non -habitable accessory vehicle (e.g.
boat, seadoo, ATV)
4. require a set back of ten feet for parking of any recreational
vehicle.
Motion carried 4-1 with Sanderson voting no.
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Recess Mayor Miller called for a recess at 9:07 p.m. City Council
reconvened at 9:25 p.m. with all members present.
Mayor Miller moved forward item F-1, Bingo at the West Covina
Senior Citizens Center, to accommodate a member of the audience.
DEPARTMENTAL MATTERS COMMUNITY SERVICES
F-1 Bingo at the West Covina Senior Citizens Center
Community Service Director Samaniego presented the staff report
regarding the request of the West Covina Senior Citizens Center
requesting a reduction in the bingo lease payments..
Councilmember Wong proposed a reduction for a year, due to the
decline in participation, and then revisit.
Kathleen Miller Kathleen Miller, president of the West Covina Senior Center Inc.,
provided financial status of the association in support of the
reduction in lease payment. Ms. Miller responded to Council
questions.
Motion by Hernandez and seconded by Miller to approve
staff recommendation to reduce bingo lease payment for one year,
including the payment due January 8, 2005, and reassess after one
year. Motion carried 5-0.
APPEAL OF PLANNING COMMISSION DENIAL OF
TENTATIVE PARCEL MAP NO. 60602 AND VARIANCE
NO. 04-06
Location; 226 and 234 Monte Verde Drive
Applicant/Appellant: Mimi McKenzie
D-2 Mayor Miller announced the public hearing. The Deputy City
Clerk verified that proper legal notice had been given and the
Mayor opened the hearing.
Councilmember Wong stated he received a packet of information
over the weekend from the appellant and requested staff to
duplicate for all councilmembers.
Planning Director McIssac presented the staff report. Appellant is
appealing a Planning Commission action denying a proposal to
subdivide two existing lots.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and asked for comments in favor of the proposal to subdivide.
In Favor Mimi McKenzie, appellant presented her proposal for the
subdivision to Council.
Robert Sullivan, Thompson Engineering, stated they prepared the
drawing and tentative map for Ms. McKenzie and answered
questions from Council.
In Opposition The following spoke in opposition:
John Scheuplein, West Covina resident,
Joanne Wilner, West Covina resident
Royall Brown, West Covina resident
Rebuttal Mimi McKenzie, stated her neighbors are not in opposition to the
project and rebutted the comments made by those in opposition.
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Testimony Closed Mayor Miller closed the public testimony portion of the hearing.
McIsaac identified the subject area, Area IV, on a map and
answered Councilmember Wong's question regarding the 20,000
minimum square foot requirement for lot size.
• Council discussion Mayor Miller supported the decision of the Planning Commission
and stated his reasons.
Councilmember Wong supported the provisions of the zoning code
and suggested Ms. McKenzie consider the alternative proposed at
the Planning Commission meeting of combining Parcels 3 and 4 to
meet the 20,000 foot minimum standard.
Councilmember Hernandez stated he doesn't want to encroach on
the standards of the neighborhood but supports the appeal request
of Ms. McKenzie as there is also no opposition from her
neighbors.
Councilmember Herfert stated he supports the preservation of the
large properties in the area.
Mayor Pro Tern Sanderson supported the concerns of those in the
neighborhood of potential reduction in the size of lots and shared
her own view of the preservation of large lots.
Deputy City Clerk presented:
Resolution No. 2005-3 RESOLUTION NO. 2005-3 — A RESOLUTION OF THE CITY
Denial of Tentative Parcel Map COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DENYING TENTATIVE PARCEL MAP NO. 60602 ON
APPEAL OF PLANNING COMMISSION ACTION.
Motion by Wong and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 4-1
with Hernandez voting no.
Deputy City clerk presented
Resolution No. 2005-2 RESOLUTION NO. 2005-2 — A RESOLUTION OF THE CITY
Denial of Variance COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DENYING VARIANCE NO. 04-06 ON APPEAL OF
PLANNING COMMISSION ACTION
Motion by Wong and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 4-1
with Hernandez voting no.
COMMUNITY DEVELOPMENT COMMISSION
Councilmember Herfert recessed the City Council meeting at
10:45 p.m. to convene the Community Development Commission.
The City Council reconvened at 10:46 p.m.
MAYOR'S REPORT Councilmember Herfert requested the Mayor to combine items H-1
and I-5 due to their similarity. Mayor stated he is presenting a
different set of issues and would like to keep them separate. After
• discussion, consensus was to combine the issues but
Councilmember Herfert and Mayor Miller would each present their
issues.
Mayor Miller announced that H-1 and I-5 would be
combined.
H-1 Mayor's Report
Rescind Adoption of Resolution 2004-87 (Relating to City
Council Benefits)
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I-5 Councilmember Herfert
Reconsider Adoption of Resolution 2004-87 (Relating to City
Council Benefits)
Rescinding benefits Mayor Miller presented his reasons for requesting to rescind the
resolution and presented a chart which outlined the change in
benefits that the City Council received with the adoption of
resolution 2004-87. Miller also felt the Council was not up front
with the public since the staff report at the time the resolution was
adopted did not quantify all the benefits and changes.
Councilmember Herfert stated he came to the same
conclusion, not realizing the disparity between the City Manager
benefits and department head benefits and would like to reconsider
his vote on the issue. Herfert further explained that he thought the
adoption of the resolution primarily provided a higher level of life
insurance.
Motion Motion by Herfert and seconded by Miller to rescind the benefits
of Council that are tied to the City Manager. [Benefits adopted by
resolution 2004-87]
Councilmember Wong requested to make an amendment to
the motion to also rescind the CDC stipend increase that was
previously approved. The City Attorney stated that rescinding the
CDC stipend was not on the agenda for action. Councilmember
Wong withdrew the motion and called for the question. Mayor
asked all in favor with Herfert, Wong and Miller responding aye.
Mayor asked those opposed with Sanderson stating no.
Councilmember Hernandez' vote was inaudible.
Mayor Pro Tern Sanderson stated that she supported the
adoption of the resolution for the increase in the life insurance and
has not made any other changes to her benefits and resented the
inference that the Councilmembers received an exorbitant amount
of money. Sanderson requested staff to generate a report on the
value of each Councilmembers' benefits before and after the
adoption of the resolution.
Councilmember Hernandez stated that the issue was
regarding equity and fairness and the increase of benefits brought
the Councilmembers' benefits to be equal with neighboring cities.
Hernandez stated his willingness to reconsider and discuss.
Action Councilmember Herfert asked if there was a vote on the
motion. The Mayor responded the vote was 4-1 with Sanderson
voting no. Hernandez stated he did not vote yes.
Joanne Wilner, West Covina resident defended her previous
statements and this is the first display of the value of the benefits.
John Scheuplein, West Covina resident spoke on public service
obligations and compensation.
Council ensued in discussion regarding a cohesive council and
moving forward in a positive manner.
COUNCILMEMBERS' REPORTS
Hold Over The following items were held over to the next regular council
meeting.
I-1 Councilmember Hernandez
Engineering Consultant Services for Public Works Capital
Improvement Program (CIP)
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I-2 Councilmember Hernandez
Update on Downtown Master Plan
I-3 Councilmember Hernandez
Update on Historic Preservation Program
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• I-4 Councilmember Hernandez
Update on Quail Ridge Shopping Center Renovation
Items to be agendized Councilmember Herfert requested the following items be
agendized:
1) Outstanding obligations of Ziad Alhassen
2) Update on Clippenger Chevrolet
ADJOURNMENT Motion by Sanderson and seconded Herfert by to adjourn at 11:25
p.m. in memory of retired Police Lieutenant Don Goddard.
ATTEST
Deputy City C1 k_Susan Rush
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Mayor Michael Miller