02-15-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
February 15, 2005
40 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:07 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Wong
ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson,
Councilmembers: Herfert, Hernandez (arrived at 7:10 p.m.), Wong
Staff Present: City Manager Pasmant, Deputy City Attorney Nichols, Fields,
McIsaac, Yauchzee, Elliott, Bachman, Durbin, Samaniego, Chung,
Anderson, Freeland, Wills, Taylor, Dettor, Morgan, Randazzo,
Reynosa, Dewus, Rush
REPORTING OUT FROM CLOSED SESSION
No closed session to report out.
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of October 19, 2004
Regular meeting of January 4, 2005
Regular meeting of October 5, 2004 was not approved. One
consent calendar item was not properly identified.
PRESENTATIONS Blue Star Video was aired.
Mayor Miller presented Geneva Nixon, of West Covina Beautiful a
Proclamation designating March 5, 2005 as Arbor Day.
Mayor Miller announced the City of West Covina 82"d Birthday
Celebration at South Hills Country Club on Thursday, February
17, 2005.
MAYOR'S REPORTS Disclosure of City Councilmember Conflict of Interest
Re2ardina the BKK Landfill
I-3 Mayor Miller brought this item forward. To report that he had no
conflict of interest while working as staff or as a Councilmember
and would only have a conflict if he had client that were going to
or using BKK.
ORAL COMMUNICATIONS John Scheuplein, West Covina resident, spoke on issues regarding
oral communication and public participation.
Sharon Muller, West Covina resident, stated there was not enough
notification for the recreational vehicle public hearing.
• John Hughes, West Covina resident, addressed the 15`h annual
MAD fundraiser.
Royal Brown, West Covina resident, spoke on Freedom of Speech
and public participation in meetings.
Lloyd Johnson, West Covina resident, addressed the planned
housing project at 1643 San Bernardino Rd.
Council Minutes 02/15/05
Celia Smith, West Covina resident and representing the San
Gabriel Mountain Regional Conservatory, stated she is a proponent
of horse trials and Galster Park.
Tyra Mason, West Covina Chamber of Commerce, invited the
• audience to attend the West Covina Farmer's Market.
Beezy Hams, West Covina resident, commented on recent phone
survey she had received.
Joanne Wilner, West Covina resident, commented on the recent
rescinding of benefits and Councilmembers stipends.
Mayor Miller stated he received an opinion from the City Attorney
relative to his conflict of interest regarding BKK and the opinion is
available by contacting him.
UPDATES/REPORTS FROM CONSULTANTS
No report presented.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Councilmember Hernandez
Engineering Consultant Svcs Engineering Consultant Services for Public Works Capital
Improvement Program (CIP) - Update
Public Works Director Yauchzee presented the staff report giving
an update of the RFP's that are in process on North Azusa Avenue
and Holt Avenue. Yauchzee answered questions regarding recent
bids received on the projects.
Councilmember Hernandez initiated discussion regarding the
intent of the Request for Qualification (RFQ) for engineering
related Capital Improvement Projects and the RFP's that had
subsequently gone out
Motion by Hernandez and seconded by Sanderson to put a hold on
the RFP's for the Azusa Avenue Improvements and Holt Avenue
projects, as they are the type of projects encompassed by the RFQ,
until after the RFQ process is complete. Motion carried 3-2 with
Wong and Miller voting no.
C-2 Finance Department
04/05 Mid -year Budget Update 2004-05 Fiscal Year Mid -Year Budget Update
Finance Director Bachman presented the staff report, along with a
PowerPoint presentation and answered questions from Council.
The report is a continuation from the meeting of February 1.
Council concurred to discuss and provide direction on each
staff recommendation separately. Finance Director Bachman
presented an over view of each recommendation.
• Budget Adjustment Authority Recommendation #2 — (Budget Adjustment Authority)
Motion by Wong and seconded by Herfert to grant
authority to the City Manager to reduce department budgets by an
amount equal to 50% of salary savings generated by position
vacancies for miscellaneous employees and 15% of salary savings
generated from sworn public safety personnel vacancies.
Mayor Miller called forward the following who wished to
comment on the budget update.
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Joanne Wilner, West Covina resident, commented on the make-up
of the budget review committee as outlined in the staff report and
asked how commissioners would be representing the public.
City Manager Pasmant responded stating the public would
be invited to the committee meetings and would be able to provide
• input to the committee members.
Bruce Leinbach, West Covina resident, complimented the City
Manager on a job well done but questioned the purchase of a
Cadillac as a vehicle.
Action Motion on Recommendation #2 — Motion carried 4-1 with
Sanderson voting no.
Public Safety Unfunded Liability Recommendation #3 — (Fresh Start Amortization)
Councilmember Wong stated his concern in putting
additional costs into future years in order to realize a benefit in this
current budget year.
Motion by Herfert and seconded by Sanderson to authorize
re -amortizing the unfounded liability of the public safety
retirement plan to achieve cash -flow savings of $810,000. Motion
carried 3-2 with Miller and Wong voting no.
Citizens Budget Committee Recommendation #4 — (Citizens Budget Committee)
Correction was made to the staff report which should have
stated the suggestion that one commissioner or alternate be
appointed.
Councilmembers engaged in discussion regarding the
composition and the objective of the committee
Motion by Miller and seconded by Sanderson to create a budget
committee as follows:
• five members, one appointed by each Councilmember from
City commissions or other public member;
• two members from the business community, selected by the
City Manager; and
• three members representing employee bargaining units, one
from police, one from fire, and one representing the
miscellaneous groups.
Councilmember Wong concerned with the limited citizen input
and recommends 10 members from the public.
Amendment Councilmember Hernandez offers an amendment to include
five additional residents, appointed by 4/5 approval of council.
In response to a question from Councilmember Wong, City
Manager Pasmant stated members from the business community
needed to have a business in West Covina, not live here, and he
would choose from businesses who show interest.
Action Motion carried 4-1 with Herfert voting no approving the
motion as amended.
• 1-4 & J-1 Mayor Miller moved forward Item I-4, Mayor's Report —
Supplemental Information for Staff Report on 2004-05 Budget
Issues, in order to discuss all budget related issues at the same
time. Mayor Miller distributed information to Councilmember
regarding equipment in the Fire Department.
Councilmemeber Herfert requested this item be held over
since new information has been presented to them.
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Following Council debate, it was Council consensus to
hold over Item I-4 and J-4, Councilmember Reports,
Councilmember Herfert, 2004-05 Final Budget Issues.
Motion by Herfert and seconded by Miller to hold over
Items I-4 & J-1. Motion carried 5-0.
Recess City Council recessed at 9:45 p.m. and reconvened at 10:05 p.m.
with all members present.
C-3 Councilmember Herfert
Alhassen OutstandinE Obligations
Finance Director Bachman presented the staff report, which relates
to the various outstanding obligations between the City and Ziad
Alhassen.
Councilmember Herfert stated that direction was provided in
closed session to develop a settlement agreement, which he did not
support. Bachman provided an overview of each miscellaneous
amount owed to the City/CDC from Mr. Alhassen and responded
to various questions from Council regarding history of debt, why it
wasn't paid, and additional assistance requested.
Joanne Wilner, West Covina resident, commented that Mr.
Alhassen has had enough special treatment and the City should be
repaid.
John Scheuplein, West Covina resident, stated that this issue
should not have been discussed tonight after a newspaper article
stated this issue would be brought up at a meeting in March.
Herb Redholtz, West Covina resident, does not support any
additional assistance to Mr. Alhassen while we have outstanding
debts.
Motion by Miller and seconded by Herfert to receive and file.
Motion carried 5-0.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
D-1 Community Service 12/14/04
Senior Citizens 12/09/04
Planning 02/08/05
Ordinances for Adoption (waive reading & adopt)
D-2a Amendment to Municipal Code Regarding Juveniles and Traffic
Ordinance No. 2128 ORDINANCE NO. 2128 — AN ORDINANCE OF THE CITY
Language regarding juveniles COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 1-37.1, CHAPTER 22-199 OF THE
WEST COVINA MUNICIPAL CODE CLARIFYING
VERBIAGE THEREIN
D-2b Amending Chapter 16 of the West Covina Municipal Code in it
Entirety Pertaining to Parks, Recreational Areas and Public Places
in the City
Ordinance No. 2129 ORDINANCE NO. 2129 — AN ORDINANCE OF THE CITY
Chapter 16 — Parks, Public Places COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 16 OF THE WEST COVINA
MUNICIPAL CODE IN ITS ENTIRETY PERTAINING TO
PARKS, RECREATIONAL AREAS AND PUBLIC PLACES
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Miscellaneous — Public Works
D-3a Renewal of the Citywide Lighting and Maintenance District and
Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of
Engineer's Reports
Recommendation to adopt the following resolutions:
Resolution 2005-5 RESOLUTION NO. 2005-5 — A RESOLUTION OF THE CITY
Lighting & Maintenance Dist, COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE CITY ENGINEER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH PROPOSITION 218
AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING
AND LIGHTING ACT OF 1972", BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND
LIGHTING MAINTENANCE IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL
YEAR COMMENCING JULY 1, 2005 (WEST COVINA
LIGHTING AND MAINTENANCE DISTRICT - 2005-2006)
Resolution No. 2005-6 RESOLUTION NO. 2005-6 - A RESOLUTION OF THE CITY
MD 4 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 4 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006
(WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 4 - 2005-2006)
Resolution No. 2005-7 RESOLUTION NO. 2005-7- A RESOLUTION OF THE CITY
MD 6 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 6 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006
(WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 6 - 2005-2006)
Resolution No. 2005-8 RESOLUTION NO. 2005-8 - A RESOLUTION OF THE CITY
MD 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 7 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006
(WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 7 - 2005-2006)
. D-3b Miscellaneous — Finance Department
CAFR Comprehensive Annual Financial Report for the Year Ended
June 30, 2004
Recommendation is that the City Council receive and file the
City's Comprehensive Annual Financial Report for the fiscal year
ended June 30, 2004.
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CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Miller to waive further
reading of the ordinances/resolutions and adopt, and approve all
items listed on the consent calendar. Motion carried by roll call
vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
• ABSTAIN: Wong abstained on D-3a, Resolution No. 2005-8
only.
PUBLIC HEARINGS CODE AMENDMENT NO. 03-03
E-1 PARKING OF ACCESSORY RECREATIONAL VEHICLES,
UTILITY TRAILERS, MOTOR HOMES AND
RECREATIONAL EQUIPMENT IN SINGLE-FAMILY
RESIDENTIAL ZONES
Mayor Miller announced the public hearing. Deputy City Clerk
verified that proper legal notice had been given and Mayor Miller
opened the hearing.
Principal Planner Anderson presented the staff report which
outlined the components of the proposed code amendment as
directed by Council on January 18, 2005. Anderson responded to
questions regarding the permit process requirements.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and asked for comments.
Sharon Mulhem, West Covina resident, presented her analysis of
prior testimony on the issue.
Donald Johnston, West Covina resident, spoke in support of the
proposed ordinance.
Bennis Herd, West Covina resident, spoke in opposition.
John Scheuplein, West Covina resident, spoke in support of the
Planning Commission's recommendation.
Joanne Wilner, West Covina resident, spoke in opposition to the
proposed ordinance.
Testimony closed There being no others desiring to address Council, Mayor Miller
closed the testimony portion of the hearing.
Council Discussion Councilmember Wong inquired about the legal opinion which
states that we cannot ask the applicant to get the approval of their
neighbor.
Deputy City Attorney Nichols responded that there is case
law stating the authority to approve or deny the application cannot
be given to neighbors, but must be a decision of the City.
Council discussion continued regarding the permit process
and the approval of the neighbors. Mayor Miller suggested the
definition of camper
Mayor Miller stated he would support an administrative use permit
• process surveying the property owners within 100 ft. for a second
unit, change of definition of a camper shell as a recreational
vehicle only when on a truck, and set back in a fashion as to not
obstruct the view of neighbors.
The Deputy City Clerk announced that four letters/e-mails were
received as follows:
Two e-mails from Sharon Mulhern who also publicly addressed
her issues this evening.
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r:
Letter from Michael Marracino in opposition.
Letter from Barbara Packer in opposition to RV's being allowed.
Motion by Miller and seconded by Wong to introduce the proposed
ordinance with the following amendments:
• require an administrative use permit process that surveys
property owners within 100 ft. for input for additional RV,
• definition of camper shell clarified that a camper is considered
to be a recreational vehicle only when on a truck;
• revise set back requirement to be a minimum of 3 feet with site
distance consideration to an adjoining driveway;
• requirement of initial RV must be on a cement pad when
adjacent to the driveway not blocking the garage access; and
approve maintenance standards as proposed in the staff report.
Deputy City Clerk presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO THE REGULATION OF ACCESSORY
RECREATIONAL VEHICLES, UTILITY TRAILERS, MOTOR
HOMES AND RECREATIONAL EQUIPMENT WITHIN THE
"SINGLE-FAMILY RESIDENTIAL" (R-1) AND
"RESIDENTIAL AGRICULTURAL" (R-A) ZONES (CODE
AMENDMENT NO. 03-03)
Motion by Miller and seconded by Wong to waive further
reading of the ordinance and introduce as amended and approve
maintenance standards. Motion carried by the following roll call
vote:
AYES: Herfert, Hernandez, Wong, Miller
NOES: Sanderson
E-2 FY 2005-2010 COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED PLAN PRIORITY NEEDS
Held Over Mayor Miller announced the public hearing. Deputy City Clerk
verified that proper legal notice had been given and Mayor Miller
opened the hearing.
Motion by Wong and seconded by Miller to hold this item
over to March 1, 2005. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 11:16 p.m. to
convene the Community Development Commission. The City
Council reconvened at 11:17 p.m.
DEPARTMENTAL MATTERS CITY MANGER'S OFFICE
G-1 Participation in the 2006 Tournament of Roses Parade
Report was presented by West Covina Rose Float Foundation
chairman and president Frank Scalfaro.
Motion by Wong and seconded by Sanderson to approve
the requests as follows:
1. Payment of $3,700 to the Tournament of Roses from the
Charter Settlement Account for the entry into the 2006
Tournament of Roses Parade.
2. Appointment of the rotating Mayor to serve as the liaison to the
West Covina Rose Float Foundation.
3. Authorize the City Manager to negotiate the terms of a lease
agreement between the City and the West Covina Rose Float
Foundation for the use of the Heritage House including the use
of the $24,273 from the Charter Settlement Account to
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complete the necessary improvements to the Heritage House
for occupancy.
Motion carried 5-0.
MAYOR'S REPORTS
I-1 Parks Irrigation Improvements Budget Reconsideration
Held Over (Proiect No. PP-05204)
Item held over to the next council meeting.
I-2 City Council Liaison Meetings Highlights
Held Over Item held over to the next council meeting.
I-3 Disclosure of City Councilmember Conflict of Interest
Regarding the BKK Landfill
Item brought forward to beginning of meeting.
I-4 Supplemental Information for Staff Report on 2004-2005
Budget Issues
Held Over Item held over to the next council meeting.
COUNCILMEMBERS' REPORTS
J-1 Councilmember Herfert
2004-05 Final Budget Issues
Held Over Item held over to the next council meeting.
ADJOURNMENT Motion by Herfert and seconded Hernandez by to adjourn the
meeting at 11:29 p.m. in memory of Ruth Andrews, mother —in-
law of former Commissioner John Scheuplein.
ATTEST:
L6071
Deputy City lerk Susan Rush
Mayor Michael L. Miller