04-05-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 5, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:02 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Chris Pipes
Faith Community Church
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong,
Councilmembers: Herfert, Hernandez, Miller
Others Present: Pasmant, Alvarez-Glasman, Fields, Samaniego, McIsaac, Chung,
Lee, Freeland, Yauchzee, Bachman, McDonald, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The Community Development Commission commenced
the special meeting at 6:00 p.m. All items were announced for
inclusion in the closed session discussion. Regarding the
following matters:
Conference with Legal Council — Anticipated Litigation —
one item relating to Hassen Imports — CDC Board received
briefing regarding terms of possible resolution, with a vote of 3-2
(Herfert and Sanderson in opposition) staff was directed to prepare
an agreement consistent with terms expressed and to bring back at
next regular meeting.
Conference with Real Property Negotiators — 700 Pad at
northeast quadrant of Amar Rd./Azusa Ave. — Direction provided
to staff, item will be brought back for further consideration of an
extension of the Exclusive Negotiating Agreement at the next
regular CDC meeting.
Conference with Real Property Negotiators — 730 S.
Orange & 1700 West Covina Parkway — CDC received briefing of
terms of potential transaction. Staff was directed to prepare an
Exclusive Negotiating Agreement with Charles Company for
consideration at the next regular CDC meeting.
CHANGES TO THE AGENDA City Manager Pasmant announced that item B-1 would be
continued to the next meeting of the City Council.
PRESENTATIONS Blue Star Video was aired.
Mike Lee of the Community Development Commission
• Department gave a short PowerPoint presentation highlighting
recent accomplishments and ongoing work of the Community
Development Commission.
Mayor Sanderson presented Marlene Thrasher a Blue Star Poster
recognizing her husband, U.S. Marine Corps Chief Warrant
Officer III, Carlos Thrasher, for his service in the military.
Council Minutes 04/05/05
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Mayor Sanderson, assisted by Fire Chief Richard Elliott, presented
certificates of recognition to the following for the courageous
efforts during a house fire:
• Silvino Montagner
• Isidora Montagner
• Jesus Anquiano
• MatthewAnquiano
• Larry Griggith
Mayor Sanderson announced April as Child Abuse Prevention
Month.
Mayor Sanderson presented a proclamation to Marilee Marrero,
West Covina Public Library's Librarian, recognizing April 10-16
as National Library Week.
ORAL COMMUNICATIONS John Scheuplein, West Covina resident, addressed Council on
several items including City Council benefits, having CDC
meetings outside of the City Council meetings and the toxic
material at BKK.
Rudy Almedia, Hacienda Heights resident, congratulated Mayor
Sanderson on her appointment as Mayor and commented on
Megan's Law.
Royal Brown, West Covina resident commented on the
contamination at the BKK landfill site.
Bruce Leinbach, West Covina resident, addressed the need to
preserve the West Covina Food Bank.
Ferdy Chan, West Covina resident, shared the experiences of a
recent Boy Scout overnight trip at Galster Park and unwelcome
visitors which required police response and commented on the
BKK landfill site.
Terry Galzote, West Covina resident, invited the community to an
upcoming event at St. Christopher Church on May 215`
Tyra Mason, representing the Chamber of Commerce of West
Covina Lions, promoted the West Covina Street Market and
Festival and invited the audience to attend the one year celebration
of the new location.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Update
Held Over This item held over to the next meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Public Works
Parks Irrigation Improvements — Use of Park Dedication Fees
(Project No. PP-05204)
C-1 Public Works Director Yauchzee presented the staff report and
answered questions from council.
Mayor Pro Tern Wong initiated discussion regarding prior
direction of council regarding use of PDF funds and intent of PDF
funds. Council concurred that consideration should be given
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CONSENT CALENDAR
D-1
during the budget process for the replacement of current
infrastructure and maintenance, as the intent of PDF funds is for
new improvements and the expansion of park facilities within it's
district.
Motion by Hernandez to approve alternative # 3 in the staff report
which directs staff to use funds within district with a 15% loan
allowance as well as allowing a transfer of $152,700 of PDF G to
be used at Friendship Park and appropriating $132,400 from the
General Fund Reserve.
City Manager Pasmant suggested lifting the 15% loan allowance
and allow loan for full amount, which can still be repaid, to
eliminate use of general fund monies.
Mayor Pro Tem Wong seconded the original motion commenting
that a full loan most likely could not be repaid due to zero balance
in PDF District H with no expected new funds in the future.
Motion carried 4-1 with Sanderson voting no.
Commission Summary of Actions (receive & file)
Human Resources
02/09/05
Community Services
03/08/05
Senior Citizens
03/10/05
Joint Community Svcs/Senior Citizens 02/22/05 & 02/24/05
Planning
03/22/05
Joint Planning/Community Services
03/22/05
D-2 Claims Against the City (deny & notify claimant)
a) Laura Salazar vs. City of West Covina
b) Steven Robison vs. City of West Covina
c) Karen A. Minni field vs. City of West Covina
d) Ricardo Feria vs. City of West Covina
e) Eugenia Heredia vs. City of West Covina
f) Magdalena Nena Falk, et a] vs. City of West Covina, et al
Award of Bid
D-3a Award of Bid for Police Department Restroom ADA Renovations
(Project No. BP-04306)
Police Restroom Renovations Recommendation is to accept the bid of All American Painting in
the amount of $58,785 as submitted at the bid opening on March
15, 2005, and authorize the Public Works Director/City Engineer
and City Clerk to execute the contract.
D-3b Award of Bid for Street Rehabilitation Work for Residential
Streets (Project No. SP-05108)
Street Rehabilitation Recommendation is to take the following actions:
1. Appropriate $670,000 Community Development Block Grant
(CDBG) funds from an appropriated CDBG fund balance to
Project No. SP-05108 (Account No. 131.81.8526.7200), and
2. Transfer $280,000 IN CDBG funds from Account No.
131.81.8527.7200 to Account No. 131.81.8526.7200, and
$170,000 BKK funds from Account No. 152.81.8431.7200 to
Account No. 152.81.8526.7200, and
3. Accept the bid of Silvia Construction, Inc., in the amount of
$1,408,042 as submitted at the bid opening on March 10, 2005,
and authorize the Public Works Director/City Engineer and
City Clerk to execute the contract.
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D-3c Award of Bid for Construction of Sidewalk
(Project No. SP-05106)
Sidewalk Construction Recommendation is to take the following actions:
1. Appropriate $108,000 in Community Development Block
Grant (CDBG) funds from unappropriated CDBG funds
balance to Project No. SP-05106 (Account No.
131.81.8524.7200).
2. Increase the Transportation Development Act (TDA) funds
appropriation from $50,000 to $59,000 for this project.
3. Approve the Change Order in the amount of $46,500 for
additional concrete sidewalk construction on Lark Ellen
Avenue (west side) between Fairgrove Avenue and Amar
Road.
4. Accept the bid of Kalban, Inc., in the amount of $86,339 as
submitted at the bid opening on March 16, 2005, and authorize
the Public Works Director/City Engineer and City Clerk to
execute the contract.
City Treasurer's Report (receive & file)
D-4 Report for February 2005
Miscellaneous — Fire Department
D-5a Signature Authority for Disaster Preparedness and Recovery
Documentation Processing
Resolution No. 2005-11 Recommendation to approve the following resolution:
Signature Authority RESOLUTION NO. 2005-11 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, FINANCE,
DIRECTOR ANDJOR THE FIRE CHIEF TO ENTER AND
EXECUTE THE APPLICATIONS AND DOCUMENTS FOR
ALL PRE AND POST DISASTER FUNDING
CONSENT CALENDAR ACTION Motion by Miller and seconded by Wong to waive further reading
of the resolution and adopt and approve all items listed on the
Consent Calendar. Motion carried 5-0. Mayor Sanderson
requested the record to reflect all member present and all member
voted in the affirmative.
PUBLIC HEARINGS FY 2005-20056 CDBG PUBLIC SERVICES PROJECT
FUNDING
E-1 Mayor Sanderson announced the public hearing. Deputy City
Clerk verified that proper legal notice had been given and Mayor
Sanderson opened the hearing. Staff report was presented by
Community Services Director Steve Samaniego.
Public Testimony Mayor Sanderson opened the public testimony portion of the
hearing and the following addressed Council.
Vatche Kelartnian, Associate Director of the Center for Aging
Resources and administrator of the CAPS Alheimzer Daycare,
thanked the City Council for prior years funding and consideration
for funding for current year.
Ellen Sherwood, West Covina resident, brought attention to CAPS
and what they do.
Nisha Vyas, of the Housing Rights Center, thanked the
Community Services Commission for their recommendation for
funding to City Council and looks forward to their continuing
partnership.
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Testimony Closed
Recess
Mayor Sanderson closed the public testimony.
Motion by Wong and seconded by Miller to accept the staff
recommendation that City Council allocate $282,519 CDBG funds
to the 17 Public Service Projects outlined in the staff report.
Motion carried 5-0.
Councilmembers complimented the commissions and staff on their
work and thanked the public service groups for addressing Council
on the needs of their organizations.
Mayor Sanderson called for a recess at 8:27 p.m. The City Council
reconvened at 8:38 p.m. with all members present.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 8:38 p.m.
to convene the Community Development Commission. The City
Council reconvened at 8:39 p.m.
DEPARTMENTAL MATTERS FINANCE DEPARTMENT
Appointment of Budget Committee Members
G-1 Staff report was presented by Finance Director Bachman. Mr.
Bachman stated that a list of residents who responded to the City's
outreach efforts are attached for Council consideration as
appointees to the committee.
Mayor Pro Tern Wong commented on the process and the lack of
background information of the interested residents. Wong
suggested a questionnaire be developed in order to obtain
budgeting and financial background.
Motion by Herfert and seconded by Hernandez to hold over
in order to obtain further information on the candidates for
appointment. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Request for Proposals for Development of a 10-Acre Site for
the Development of Housing and Public Park
G-2 Community Development Director Chris Chung presented the staff
report which requests Council's approval of a Request for Proposal
for the development of 10-acrre site adjacent to Shadow Oak.
John Scheuplein, West Covina resident, stated he would like to see
published list of who the RFP's are going to be sent to and made
additional comments on the process and the components of the
RFP.
Councilmembers concurred on the need for community meetings
for community input to developers. Councilmember Miller does
not support RFP without specific criteria for development.
Councilmember Hernandez stated the RFP reflects prior
direction giving developers unrestricted boundaries to see what
they could develop.
Motion Motion by Hernandez and seconded by Herfert to proceed
with the proposed RFP and timeline and to include community
meetings before Council approves final plan.
Amendment Mayor Pro Tem Wong offers an amendment to hold a
community meeting and invite developers to hear input from
residents prior to developing a proposal. Hernandez accepts the
amendment.. Councilmember Herfert supports community input
to submitted proposals and withdraws his second.
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Council Minutes 04/05/05
Action Mayor Pro Tern Wong seconds amended motion. Motion
carried 3-2 with Herfert and Miller voting no.
PLANNING DEPARTMENT
Interim Urgency Ordinance Establishing a Moratorium of
Demolition of Historical Structures
G-3 Planning Director McIsaac presented the staff addressing the
• purpose and components of the ordinance. McIsaac answered
questions from Council regarding notification to property owners
with applications for subdivisions and notification to those
possibly affected.
Mayor Pro Tern Wong stated he was hesitant to move
forward without the legal analysis requested at the joint meeting on
March 29, 2005.
In response to a question from Council, the City Attorney
advised staff that exemptions could also be incorporated in the
ordinance.
John Scheuplein, West Covina resident, commented that he does
not disagree with the need to protect historical houses, but could be
infringing on property owner rights.
Councilmember Herfert commented that this process is for the
purpose of doing research and called for the heading of the
ordinance.
Deputy City Clerk presented:
Ordinance No. 2131 ORDINANCE NO. 2131 — AN ORDINANCE OF THE CITY
Urgency Moratorium COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
PROHIBITING THE ACCEPTANCE, PROCESSING OR
ISSUANCE OF ANY LICENSE, PERMIT, DEMOLITION
PERMIT, GRADING PERMIT, BUILDING PERMIT,
TENTATIVE PARCEL OR TRACT MAP OR OTHER
ENTITLEMENT FOR THE DEMOLITION, ALTERATION,
MODIFICATION EXPANSION OR RECONSTRUCTION OF A
HISTORICAL STRUCTURE OR PROPERTY UPON WHICH A
HISTORICAL STRUCTURE IS LOCATED PENDING
COMPLETION OF STUDY AND REPORT BY THE
PLANNING COMMISSION PERTAINING TO THE PROPER
CONDITIONS AND REGULATIONS FOR THE
PRESERVATION OF HISTORICAL STRUCTURES AND
PROPERTIES, DECLARING THIS AN INTERIM ZONING
ORDINANCE, AND SETTING FORTH FACTS
CONSTITUTING THE SAME AS AN URGENCY ORDINANCE
Motion by Herfert and seconded by Hernandez waive further
reading of the ordinance and introduce.. Motion failed to pass with
a 3-0-2 vote. Urgency ordinance requires a 4/51h vote and Miller
and Wong abstained.
Mayor Pro Tent Wong concerned that there were no property
owners requesting preservation and would like notification to
possibly affected property owners.
is
Councilmember Miller stated he is willing to move forward
but would first like to know the age of structures, that notification
to property owners be issued and a commitment to fast track to
process.
Motion by Wong and seconded by Miller to bring issue back to the
next meeting with the legal analysis requested at the March 29
meeting and notification be mailed to property owners possibly
affected before proceeding.
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Council Herfert initiated discussion as to whether this is a
reconsideration of previous vote. The City Attorney stated the
request is to bring the matter back with new action from staff.
Planning Director McIsaac responded to a question
regarding the legal opinion requested at the previous meeting.
Mayor Sanderson restated the motion. Motion carried 5-0 to bring
item back to the next meeting.
MAYOR'S REPORT Review of City Council Standing Rules and City Municipal
Code Pertaining to City Council Meetings
I-1 Mayor Sanderson presented report and stated her reasons for
putting this item on the agenda. Motion by Herfert and seconded
by Wong to receive and file the report. Motion carried 5-0.
Agency Appointment of City Council Representatives to Other
Agencies
I-2 Mayor Sanderson reviewed the list of suggested appointment.
Mayor Pro Tent Wong stated he could not attend the Independent
Cities Association meetings and Mayor Sanderson stated she
would serve as alternate.
Motion by Herfert and seconded by Wong to approve the
Mayor's appointments. Motion carried 5-0-. Final appointments
as follows:
Agency/Organization
Chamber of Commerce
City/Schools Liaison Committee
Contract Cities
L.A. County Emergency Preparedness Committee
L.A. Works
Foothill Transit Zone
Independent Cities Association
League of California Cities
Rose Float Foundation
SGV Mosquito Abatement District (2-yr term)
L.A. County City Selection Committee
SGV Economic Partnership
Sanitation District Board
SCAG (General Assembly)
Upper San Gabriel Valley Water Association
Hurst Ranch Foundation
Councilmember Herfert left the dais at 10:45 p.m.
Representative
Sanderson
Miller
Herfert
Miller
Herfert
Hernandez
Miller
Wong
Sanderson
Miller
Herfert
Hernandez
Sanderson
Hernandez
Wong
Herfert
Alternate
Hernandez
Hernandez
Sanderson
Jim Rudruff (Fire)
Hernandez
Herfert
Sanderson
Herfert
Hernandez
No alternate
Wong
Herfert
Hernandez
Herfert
Miller
Sanderson
COUNCILMEMBERS' REPORTS
Councilmember Miller
Letter of Opposition — A13991 (DeVore) — Mosquito Abatement
&Vector Control Districts
J-1 Report presented by Councilmember Miller.
Royall Brown, West Covina resident, does not support the
proposed legislation.
Motion by Miller and seconded by Hernandez to forward a letter in
opposition to AB 991 to all state elected officials representing the
City of West Covina. Motion carried 4-0- with Herfert absent.
Councilmember Herfert returned at 10:47 p.m.
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Councilmember Miller
BLD Termination Issue and Related Robert's Rules of Order
Procedural Matters
J-2 Councilmember Miller stated he had previously [March 1]
requested a Motion to Terminate the Big League Dreams project
be agendized for April 19, not this evening. At the time of his
• request there was discussion as to whether the motion was
appropriate since the matter had previously been tabled. An
opinion from the City Attorney was requested.
Councilmember Herfert returned to the dais at 10:47 p.m.
City Attorney opinion City Attorney Alvarez-Glasman presented his report which
outlined Robert's Rules of Order's procedural matters.
Specifically it is the determination of the legislative body and chair
as to whether any motion is appropriate or out of order. Alvarez-
Glasman further reported that if a motion receives a second, the
obligation to determine whether it is in order falls to the chair. If
ruled out of order, it is subject to appeal. If the appeal is defeated,
the ruling by the Chair will stand.
In response to a question by Miller, Alvarez-Glasman
stated that if his motion to terminate the Big League Dreams
project received a second, it is the duty of the Mayor to determine
whether the motion is in order based upon prior the action of the
City Council to table the matter on 6/15/04.
Motion Motion made by Miller to terminate the Big League Dreams
project. Mayor Pro Tern Wong inquired whether the matter was
properly agendized under the Brown Act. City Attorney stated the
staff report has sufficient information to move forward with the
motion or choose to hold over to the next meeting. City Attorney
further noted the issue of whether or not the motion is in order.
Mayor Pro Tern Wong proceeds to second the motion.
Royall Brown, West Covina resident, stated that BLD being used
as an acronym is not proper for public notification and urges
Council to reagendize with proper title spelled out.
Mayor's ruling Mayor Sanderson rules the motion is out of order due to previous
action taken to table the matter and the intent of that motion
making sure the subject matter did not come before Council again.
Appeal Councilmember Miller request to appeal the Mayor's ruling.
Mayor Pro Tern Wong seconded the appeal. Following discussion
on previous action of Council to table and the Mayor's ruling
calling the motion out of order, appeal to overturn the Mayor's
ruling failed with a 2-3 vote with Herfert, Hernandez and
Sanderson voting no on the appeal.
Councilmember Hernandez
Ordinance Regulating the Display in Public Places of Material
Harmful to Minors
J-3 Councilmember Hernandez presented report.
• Deputy City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF
THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE
12 REGULATING THE DISPLAY IN PUBLIC PLACES OF
MATERIAL WHICH IS HARMFUL TO MINORS
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Motion by Herfert and seconded by Hernandez to waive further
reading of the ordinance and introduce. Motion carried 5-0.
Motion by Hernandezand seconded by Hernandez to authorize
members of Code Enforcement to enforce this ordinance and issue
citations for violations and approve the amendment of Article I,
• section 1-37 of the West Covina Municipal Code to include a
reference to this new article. Motion carried 5-0.
•
Councilmember Councilmember Herfert requested a memo sent to Council
regarding Mr. Ziad Alhassen be agendized for public disclosure.
Councilmember Herfert also requested the BLD project be put on
the agenda for the purpose of putting on hold the project and to
research for grant money to fund the project.
Councilmember Hernandez requested staff look at the feasibility of
implementing a cross country course along with the walking trails
and horse trails at Galster Park.
Councilmember Hernandez requested information of the
construction development of Big League Dreams in other
communities for the next meeting.
City Attorney Alvarez-Glasman stated the subject of Big League
Dreams has been tabled and must be removed from the table prior
to any further discussion.
Council engaged in discussion regarding the issue that was
tabled and the rules of tabling.
Mayor Pro Tern Wong requested the issue of the licensing
fees to be included in the report when BLD matters are returned.
Mayor Pro Tern Wong thanked the council for adjourning the last
regular meeting in memory of his mother and thanked the public
for their expression of sympathy.
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the
meeting at 10:15 p.m. in memory of retired fire captain Robert
Tannahil and Jack Sherwood. Motion carried 5-0.
Sr
Mayor Shelley Sanderson
ATTES
Deputy City Cle Susan Rush
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