03-01-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 1, 2005
• Mayor Miller called to order the regular meeting of the West Covina City Council at 7:04 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Ernie Benavides
Faith Community Church
PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Sanderson
ROLL CALL Mayor Miller, Mayor Pro Tom Sanderson,
Councilmembers: Herfert,Hemandez , Wong
Staff Present: City Manager Pasmant, City Attorney Alvarez-Glasman, Fields,
McIsaac, Yauchzee, Elliott, Bachman, Durbin, Samaniego, Chung,
Freeland, Wills, Dettor, Hoppe, McDonald, Rogriguez, Dewus,
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 5:57 pm. Prior to
recessing into closed session all items scheduled on both agendas
were announced for inclusion in the closed session discussion.
Items on the City Council agenda:
Public Employee Performance Evaluation — City Manager:
Discussion on this item will conclude following the
conclusions of the regular city council meeting.
Conference with Real Property Negotiators — 1444 West
Garvey Avenue South: Council received briefing and provided
direction to extend the terms of the existing Exclusive Negotiating
Agreement and for staff to proceed accordingly.
Items on the CDC agenda:
Conference with Legal Counsel — Anticipated Litigation:
Regarding claim filed by Westfield relating to parcel D, no final
action taken, nothing further to report.
Conference with legal Counsel — Anticipated Litigation: Relating
to Hasson Imports and West Covina Motors, Council received
briefing. No final action in closed session, this item will be
discussed during open session on the CDC agenda.
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of October 5, 2004
PRESENTATIONS Chris Freeland from the City Manger's Office gave an overview of
Student Government Day and called forward the students in
participation. Students were presented certificates of recognition
As at
their participation.. Students took seat at their respective places
at the dais.
Blue Star Video was aired.
Council Minutes 03/01/05
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ORAL COMMUNICATIONS Herb Redholtz, West Covina resident, asked for a timeline for the
demolition of the Sizzler at the Quail Ridge Center and status of
the West Covina Sportplex Public Relation Plan.
Lloyd Johnson, West Covina resident, spoke on behalf of the
Rodriguez Family on Kenoak addressing damages to their home by
a contractor.
John Scheuplein, West Covina resident, read a letter he sent to the
editor [local newspaper] regarding Council's formation of the
budget committee.
Cookie Nance, West Covina resident, commented on Mayor
Miller's letter to the editor [local newspaper] and the Council's
Standing Rules.
Ed Casanova, West Covina resident, addressed the needs of
amputees at Camp Pendleton and requested that various City
buildings be used as a drop off location for needed gym socks.
Tyra Mason, on behalf of the West Covina Farmers Market,
encouraged the community to attend the Farmers Market.
UPDATES/REPORTS FROM CONSULTANTS
No report presented.
HEARINGS CONTINUED PUBLIC HEARING
FY 2005-2010 Community Development Block Grant
Consolidated Plan Priority Needs
Mayor Miller announced that this public hearing is continued from
the City Council Meeting of February 15, 2005, at which time the
hearing was opened and legal public notice was verified.
Community Services Director Samaniego presented the staff
report, which outlined the priority needs for the 2005-2010
consolidated Plan.
Public Testimony Mayor Miller opened the public testimony portion of the hearing.
Royall Brown, West Covina resident, stated the importance of the
Consolidated Plan and would like to know how the plan can be
implemented if funding is cut at the federal level.
Ed Casanova, West Covina resident, spoke on issues relative to
seniors.
John Scheuplein, West Covina resident, concurs with the staff
recommendation and encouraged the Council to approve.
Public Testimony Closed With no other public comments, Mayor Miller closed the public
testimony portion.
Council Discussion Mayor Miller agreed that affordable housing is a priority and
supported the priority needs. Mayor Miller would like the issue to
return to Council if the federal government cuts CDBG funding in
order to re -prioritize the funds.
Motion Motion by Wong and seconded by Sanderson to accept the staff
recommendation to approve the priority needs for the 2005-2010
consolidated plan as detailed in the staff report.
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Council Minutes 03/01/05
Action
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Councilmember Herfert commented that the City of West Covina
sets aside 20% of redevelopment funding for low to moderate
income housing and we are one of the few cities who meet the
requirement for low to moderate housing.
Motion carried 5-0.
Councilmember Wong requested a letter of opposition to the
President's budget proposal to eliminate the CDBG funding be
agendized for a future meeting.
Councilmember Herfert requested to agendize the federal
government's plan to increase the death benefit for military
personnel and would like Council to take a position.
Recess Mayor Miller called a recess that 8:00 in order for the students to
exit the dais. The City Council meeting reconvened at 8:15 p.m.
with all members present.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
D-1
Park Irrigation Improvements
Motion
Amendment
D-2
Liaison Meeting Highlights
•
Mayor's Report
Parks Irrigation Improvement Budget Reconsideration
(Project No. PP-05204)
Public Works Director Shannon Yauchzee presented the staff
report regarding the use of Park Dedication Funds (PDF) in one
district being used in another district.
Councilmembers engaged in discussion regarding PDF funds being
used only within their district, but proposed a "loan" process using
out of district funds to fund the improvements.
Joanne Wilner, West Covina resident, shared her views on park
funds and their uses.
Mayor Pro Tern Sanderson preferred to eliminate the district
boundaries and combine all PDF funds as described in alternate #2.
Motion by Hernandez and seconded by Wong directing staff to
pursue alternative #3 of the staff report with an amendment
allowing 15% of a PDF fund to be used "out of district" as a loan
with the caveat that when funds are available they will be repaid.
Following further discussion of Council, Public Works Director
clarified that General Fund monies would still need to be
appropriated for alternate #3.
Councilmember Wong offered an amendment to also have
staff return with an analysis of the final fiscal impact on this
contract before applying alternative #3 to future projects.
Motion carried 3-2 with Herfert and Sanderson voting no.
Mayor's Report
Mayor Miller presented
from meetings he had attended.
Motion by Wong and seconded by Hernandez to receive and file.
Motion carried 5-0.
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D-3
Budget Issues
•
Mayor's Report
Supplemental Information for Staff Report on 2004-2005
Budget Issues
Mayor Miller presented a list of proposed budget adjustments for
FY 05/06. Mayor Miller addressed each separate issue and
requested that discussion and action be taken this evening on three
of the items.
Mayor Pro Tem Sanderson requested an opinion from the City
Attorney regarding two items in Mayor Miller's report that
previously been tabled indefinitely. [Rescinding the Community
Development stipends and termination of the Big League Dreams
project]. Mayor Miller stated that he recalled the action on the
reconsideration of CDC benefits being receive & file, not tabled.
City Attorney Alvarez-Glasman read the action from the 11/16/04
minutes regarding the Reconsideration of CDC Stipends, motion
by Herfert and seconded by Hernandez to table (hold over
indefinitely) the item. Motion carried 3-2.
City Attorney opined that in order for an item to come back
to the floor for discussion, there must be a motion to remove/take
the item the table to be considered by the legislative body.
Miller stated the prior action that was tabled was a
reconsideration and he his requesting a rescission. City Attorney
further stated that the interpretation of motions and actions taken
concerning those motions rests with the chair.
Mayor Miller requested the rescission of the CDC stipend and
termination of the Big League Project be agendized for action by
the City Council on April 19, 2005.
Councilmember Herfert shared his views on the Mayor's other
proposals and suggested they be incorporated in the budget process
and no action be taken this evening.
Mayor Pro Tem Sanderson further requested a ruling in writing,
with supporting documents, from the City Attorney regarding
procedures on the items that had been tabled.
Cookie Nance, West Covina resident, questioned the fire
equipment information presented in the staff report and supported
retention of the truck tiller.
Joanne Wilner, West Covina resident, reinforced the need for code
enforcement officers and supported a volunteer program.
Mayor Miller commented, for the record, that the toxics at BKK
that are of current concern were deposited during a period of time
prior to his coming to the city and the implied connection with him
is incorrect, and commented that his retirement is not a rich
retirement and the action by council increasing the CDC stipend is
a taxable event. Miller requested a written opinion from the City
Attorney whether or not he can refuse the stipend.
Motion by Herfert and seconded by Sanderson to receive & file the
report. Motion carried 3-1-1 with Miller voting no and Wong
abstaining.
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Council Minutes 03/01/05
D-4 Councilmember Herfert
2004-05 Final Budget Issues
Councilmember Herfert discussed the issue of balancing the
budget and his prior suggestion of selling the surplus property next
to Shadow Oak Park.
• Motion Motion by Herfert and seconded by Sanderson to moved forward
with sale of property at Shadow Oak Park, potentially to the
Redevelopment Agency for a housing project.
John Scheuplein, West Covina resident, opposed the sale of the
property at Shadow Oak and suggested an RFQ process for the
development.
Joanne Wilner, West Covina resident, does not support the sale of
and parkland.
Council engaged in lengthy discussion for uses of the land and
concurred the land should include both housing and park space.
Suggestion offered by Miller to hold a community meeting for
public input and then return to Council.
Amendment Amendment to motion offered by Hernandez to initiate an RFP for
a hybrid development to include both housing and a park
component. Herfert, as the maker of the motion accepted the
amendment and requested to also include community involvement.
Action Motion carried 4-1 with Miller voting no.
Councilmember Herfert requested that area across from Aroma
Drive and Galster Park, which was to be developed into a park by
the developer, be brought back before Council.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
E-1 Human Resources 01/12/05
Ordinances for Adoption (waive reading & adopt)
E-2 Parking of Recreational Vehicles and Utility Trailers
Ordinance No. 2130 ORDINANCE NO. 2130 — AN ORDINANCE OF THE CITY
RV's and Utility Trailers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO UTILITY
TRAILERS, MOTOR HOMES AND RECREATIONAL
EQUIPMENT AND TRAILERS WITHIN THE "SINGLE-
FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL
AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO.
03-03)
Award of Bid
E-3 Building Division Award of Contract for the Heritage Park Hiking
• Trails Park Design (Project No. PP-05207A)
Heritage Park Trails Recommended to accept the proposal of Purkiss Rose-RSI in the
amount of $86,332 as submitted at the bid opening on February 14,
2005, for the preparation of design plans and construction
documents for pedestrian recreational facilities at Heritage
Gardens Park, and authorize the Public Works Director/City
Engineer and City Clerk to execute the contract.
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Traffic Committee Minutes (accept & file)
E-4 Minutes of the regular meeting of February 15, 2005.
City Treasurer's Report (receive & file)
E-5 Report for January 2005
Miscellaneous — Public Works
E-6aa Annexation 2004-03 — Withdrawal from the Consolidated Sewer
Maintenance District of the County of Los Angeles — Abell-Helou
Recommendation to adopt the following resolutions:
Resolution 2005-9 RESOLUTION NO. 2005-9 — A RESOLUTION OF THE CITY
Withdrawal from Consolidated COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Sewer MD REQUESTING WITHDRAWAL OF THE TERRITORY
KNOWN AS THE CITY OF WEST COVINA ANNEXATION
NO. 2004-03 WITHIN THE CITY OF WEST COVINA FROM
THE CONSOLIDATED SEWER MAINTENANCE DISTRICT
OF THE COUNTY OF LOS ANGELES
Miscellaneous — Police Department
E-6b 2005 BJA Justice Assistance Grant
2005 BJA Grant Recommendation to approve the 2005 BJA Justice Assistance
Grant authorizing appropriations as follows:
• $26,455 into 208.31.3110.7160 for unfounded public safety
equipment needs, including weapons components, forensic
items, and field enforcement equipment, and
• $15,000 into 208.31.3110.5112 for part-time positions working
backgrounds, professional standards, forensics, etc., and
authorize the future appropriation of interest earned under this
grant, to be spent on the same approved activities.
Miscellaneous — Community Services
E-6c Resolution Establishing Impound Fees for the Confiscation of
Personal Property at Skate Parks
Resolution No. 2005-10 Recommendation is at adopt the following resolution:
Impound Fees RESOLUTION NO. 2005-10 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING IMPOUND FEES PURSUANT TO
SUBSECTION (e) OF SECTION 16-53 OF THE WEST COVINA
MUNICIPAL CODE FOR THE RELEASE OF PERSONAL
PROPERTY CONFISCATED PURSUANT TO SECTION 16-53
CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading
of the ordinance/resolutions and adopt and approve all items listed
on the consent calendar except for E-2, E-3 and E-6c. Motion
carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
E-2 Ordinance for Adoption — Parking of Recreational Vehicles and
Utility Trailers
John Scheuplein, West Covina resident, presented his views on the
proposed ordinance.
Joanne Wilner, West Covina resident, commented on the 5 ft. set
back and asked if one could obtain a variance.
Planning Director McIsaac responded to questions presented by the
two speakers.
Deputy City Clerk presented:
Ordinance No. 2130 ORDINANCE NO.2130 — AN ORDINANCE OF THE CITY
RV's and Utility Trailers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
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Council Minutes 03/01/05
COVINA MUNICIPAL CODE RELATED TO UTILITY
TRAILERS, MOTOR HOMES AND RECREATIONAL
EQUIPMENT AND TRAILERS WITHIN THE "SINGLE-
FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL
AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO.
03-03)
. Motion by Hernandez and seconded by Wong to waive
further reading of the ordinance and adopt. Motion carried 3-2
with Herfert and Sanderson voting no.
E-3 Award of Bid — Building Division Award of Contract for the
Heritage Park Hiking Trails
Public Works Director Yauchzee provided brief overview of staff
report.
Joanne Wilner, West Covina resident, voiced her opposition to
using park dedication monies from Area G for Heritage Park.
Motion by Herfert and seconded by Wong to approve the
recommendation of staff. Motion carried 4-1 with Sanderson
voting no.
Councilmember Herfert left dais at 10:11 p.m.
E-6c Resolution Establishing Impound Fees for the Confiscation of
Personal Property at Skate Parks
Councilmember Wong commented on the established impound fee.
Motion by Wong and seconded by Hernandez to approve the staff
recommendation. Motion carried 4-0 with Herfert absent.
Councilmember Herfert returned to the dais at
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 10:14 p.m. to
convene the Community Development Commission. The City
Council reconvened at 11:45 p.m.
MAYOR'S REPORTS
I-1 City Council Liaison Meetings Highlights
Motion by Sanderson and seconded by Herfert to receive & file the
report. Motion carried 5-0.
Mayor Miller announced that the of the Special City Council
closed session meeting will be continued at later date.
ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the
Special City Council meeting and the regular City Council meeting
at 11:45 p.m. in memory of Lollie Bergman, a 51 year resident,
and Don Hoskin, brother of Councilmember Wong's brother-in-
law.
Mayor Michael L. Miller
ATTE :
Deputy City Clerlt Susan Rush
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