05-17-2005 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 17, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:05 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
City Manager Andrew Pasmant
Led by Councilmember Miller
ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong,
Councilmember Hernandez, Councilmember Miller
Absent: Councilmember Herfert
Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee,
Elliott, Anderson, Bachman, Durbin, Samaniego, Paul, Chung,
Lee, Cendejas, Villegas, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to recessing into closed session the one item on the
City Council agenda was announced for inclusion in the closed
session discussion.
Conference with Labor Negotiators — Employee Organizations:
Police Officers Association, Police Management Association, WC
Firefighters Association — City Council received a briefing from
the city's negotiator, no final action was taken and nothing further
to report.
CHANGES TO THE AGENDA No changes to the agenda were reported.
PRESENTATIONS Blue Star Video was aired.
Mayor Sanderson presented a Blue Star Poster to Major General
Michael Rochelle, Commanding General of the United States
Army Recruiting Command.
Mayor Sanderson presented Certificates of Recognition to the
following, recognizing their schools as a California Distinguished
School.
- Mr. Jeff Wilson Principal of Traweek Middle School
- Ms. Debi Klout, Principal of Rincon Intermediate School
Mayor Sanderson called forward Khan Kayum, President of the
West Covina Lions and Brad McFadden, Chairman of the Night on
the Town program who announced the upcoming 351h Annual
Night on the Town Celebration at Edwards Theaters on
Wednesday, June 1 at 6:00 p.m.
Mayor Sanderson presented Kathleen Miller with a Certificate of
Recognition for her service to the community.
Mayor Sanderson called forward Community Service Director
Steve Samaniego who thanked the many volunteers who helped
with the recent Earth Day celebration and presented Boy Scout
Troop #442 with Certificates of Recognition.
Council Minutes of 05/17/05
ORAL COMMUNICATIONS Ian Awong, West Covina resident, made a complaint to the
Council regarding his neighbor's many cars that block the area and
prohibits that trash company from picking up his trash cans.
Joanne Wilner, West Covina resident, requested information
regarding the BKK site grading and the contamination at the site.
isMarilee Marrero, representing the West Covina Library, promoted
a 5 week parent/toddler workshop to be held at the West Covina
Library.
John Scheuplein, West Covina resident, expressed community
sentiment regarding the closure of the Food Bank, and commented
on the lack of veteran's preference in the employment recruitment
process made comments regarding the BKK progress.
John Hughes, West Covina resident, thanked the Police and Fire
Departments for their participation in the Red Robin and BJ's
restaurant fundraising promotions.
Norman Richmond, West Covina resident, spoke on the subject of
fire prevention and weed abatement and urged Council to authorize
tractor cleanup for the abatement of weeds.
Tyra Mason, representing the Lions Club and Chamber of
Commerce, promoted the West Covina Farmers Market and aired a
video highlighting the market.
Sue Dunn, representing the West Covina Chamber, announced
John Hughes as the 2005 West Covina Citizen of the Year.
Ferdy Chan, West Covina resident, thanked Council for their
support of Earth Day.
Cookie Nance, West Covina resident, suggested that all Town Hall
meetings that are held off site of City Hall be held in the Council
Chambers.
Lloyd Johnson, West Covina resident, distributed petitions for
Councils review and spoke against any more homes being built in
the OrangeBadillo,vicinity.
Royall Brown, West Covina resident, gave congratulations for the
completion of the divider on Azusa Avenue but shared concerns
with the electrical line project.
Herb Redholtz, West Covina resident, commented on the recent
town hall meeting at Shadow Oak Park with developers for the
Downtown development.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
• Finance
Process for Appointment of City Council Appointed Budget
Committee Members
C-1 Mayor Pro Tem Wong addressed issues regarding the process for
the appointment of the budget committee members that will be
appointed by the 4/51h vote of Council and expressed his concerns
of a positive process. Wong suggested a process whereas
Councilmembers would vote, with ballots, in favor of applicants
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Council Minutes of 05/17/05
who submitted applications, rather than vote against, until Council
agreed upon five applicants.
Councilmember Hernandez concurred with a positive
process.
City Attorney Alvarez-Glasman, in response to Mayor
Sanderson, stated that ballots could not remain secret and must be
• available for public disclosure.
Motion by Wong and seconded by Miller to utilize a ballot
process, whereas each Councilmember would list on a ballot the
names of eight people from the list of 15 prospective members.
Staff would tally the ballots and Council would continue the
process until five people have reached the requisite 4 votes.
Motion carried 4-0 with Herfert absent.
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
Community Services 04/12/05
Planning 05/10/05
Ordinances for Adoption (waive reading & adopt)
D-2 No reports for this meeting.
Award of Bid
D-3 Award of Contract for Landscape Plan Check Consultant
Landscape Consultant Recommendation is to authorize the Planning Director to execute
agreements with two landscape architecture firms, California
Landscape & Design and Olea Landscape Architecture, for
landscape plan check services for three years, renewable thereafter
on a year-to-year basis.
Miscellaneous — Human Resources Department
Medicare Benefits
D-4a Recommendation to approve the following resolution:
Medicare Benefits RESOLUTION NO. 2005-23 — A RESOLUTION OF THE CITY
Resolution No. 2005-23 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
TO REQUEST AUTHORITY FROM THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM TO CONDUCT A
MEDICARE "DIVISION" ELECTION TO DETERMINE
WHICH EMPLOYEES, HIRED BEFORE APRIL 1, 1986,
DESIRE TO CONTRIBUTE TO THE MEDICARE SYSTEM
Miscellaneous — Communications
Lease Agreement with Cingular Wireless
D-4b Recommendation to approve the proposed Lease Agreement
Cingular Lease Agreement authorizing Cingular Wireless (formerly AT&T) to lease space to
build a wireless telecommunications facility within Shadow Oak
Park and authorize the Mayor to execute the Lease Agreement
Miscellaneous — Fire Department
West Covina High School District Graduation, Faith Community
Church and West Covina City Fireworks Displays
D-4c Recommendation to ratify authorization for the following:
Fire Works Display 1. A fireworks display at West Covina High School Graduation to
isbe held June 23, 2005; and
2. A fireworks display at Faith Community Church to be held
July 4, 2005; and
3. A fireworks display at the City of West Covina Independence
Day Celebration to be held on July 4, 2005.
CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading
of the resolution and adopt; and approve all items listed on the
Consent Calendar. Motion carried 4-0 with Herfert absent.
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Council Minutes of 05/17/05
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PUBLIC HEARINGS ZONE CHANGE NO.05-05
APPLICANT: CITY OF WEST COVINA
LOCATION: 707 S. LARK ELLEN AVENUE
E-1 Mayor Sanderson announced the public hearing. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Planning Director McIsaac
presented the staff report.
Public Testimonv Mayor Sanderson asked for public testimony and hearing none,
proceeded to close the public testimony.
Assistant City Clerk Rush presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Zone Change No. 05-05 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 05-05.
Motion by Miller and seconded by Hernandez to waive
further reading of the ordinance and introduce. Motion carried 4-0
with Herfert absent.
ZONE CHANGE NO. 04-06
841 WEST MERCED AVENUE (ELKS LODGE)
(NEAR THE NORTHWEST CORNER OF GLENDORA
AVENUE AND MERCED AVENUE)
E-2 Mayor Sanderson announced the public hearing. Assistant City
Zone Change 04-06 Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Planning Director McIsaac
presented the staff report and answered questions of Council.
Public Testimonv Mayor Sanderson asked for public testimony and hearing none,
proceeded to close the public testimony.
Assistant City Clerk Rush presented
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Zone Change No 04-06 WEST COVINA, CALIFORNIA, APPROVING ZONE
CHANGE NO. 04-06
Motion by Miller and seconded by Hernandez to waive
further reading of the ordinance and introduce. Motion carried 4-0.
DEPARTMENTAL MATTERS PUBLIC WORKS
Engineering Consultant Services for Capital Improvement
Proiects — Review of Request for Qualification
G-1 Public Works Director Yauchzee presented the staff report
Engineering consultant services Yauchzee responded to questions from Council regarding grant
funding for projects and design costs.
Councilmember Hernandez stated he would like to review
the proposals to enable Council to make the best selection of a
firm.
Lloyd Johnson, West Covina resident, stated he supported staff
recommendation and would like to continue with the competitive
bid process.
Joanne Wilner, West Covina resident, echoed the prior speaker
supporting the bid process.
Art Velasquez, West Covina resident, voiced his support of the
Engineering staff and the need to retain control with the bid
process.
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Council Minutes of 05/17/05
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Motion
Amendment
G-2
Ordinance 2134
Mayor Pro Tern Wong and Councilmember Miller spoke in
support of the staff recommendation and continuing with the
competitive bid process assuring the lowest cost.
Councilmember Hernandez made several comments regarding his
intent to expedite projects and keep with the competitive process.
Motion by Hernandez to approve staff recommendation
alternative #2 to bid yearly on approved CEP projects as a package,
and have staff bring back the proposals in band one for Council
review and selection at the next meeting.
Following further discussion, Sanderson offers a second to
motion by Hernandez.
Mayor Pro Tern Wong offered an amendment to the motion
as to not delay projects, bid on approved CIP projects as a package
only if projects ready to go are not delayed for more than a month
due to approved projects not ready to go, leaving the discretion to
staff, and to then bid on those projects not ready and not included
in the package on an individual basis.
Amendment accepted by maker of the motion. Motion
carried 4-0 with Herfert absent.
Urgency Floodplain Management Regulations Ordinance
Staff report was presented by Public Works Director Yauchzee.
Yauchzee stated that FEMA has advised the City that the proposed
Flood Map ordinance must become effective on or before May 17,
2005 in order to comply with FEMA's guidelines and to preserve
the City's membership in the National Flood Insurance Program
(NFEP). In order for the ordinance to become effective tonight, it
must be introduced and adopted as an urgency ordinance.
Assistant City Clerk presented the following urgency
ordinance:
ORDINANCE NO. 2134 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING AND ADDING ARTICLE III
SECTIONS 9.40 TO 9.64 TO THE WEST COVINA
MUNICIPAL CODE REGARDING "FLOODPLAIN
MANAGEMENT REGULATIONS" AND SETTING FORTH
FACTS CONSTITUTING THIS TO BE AN URGENCY
ORDINANCE
Motion by Miller and seconded by Hernandez to waive
further reading of the urgency ordinance and introduce. Motion
carried 4-0 with Herfert absent.
Motion by Miller and seconded by Hernandez adopt the
urgency ordinance. Motion carried 4-0 with Herfert absent.
COUNCILMEMBERS' REPORTS
Councilmember Hernandez
Graffiti Removal Contract Reconsideration
J-1 Councilmember Hernandez introduced the subject matter and
Graffiti Removal Contract presented his concerns regarding the current graffiti removal
contract, which included patchy cover up, lack of removal and lack
of an acceptable response time. Hernandez further stated that the
current contractor is not operating with the proper license.
Motion Motion by Hernandez to terminate the current contract with
the Boys and Girls Club and open a competitive bid process as
outlined in staff alternative #2 of the staff report.
John Scheuplein, West Covina resident, voiced his support of the
Boys and Club, stating that the completion of their contract should
be honored and accused Councilmember Hernandez of lobbying
for another contractor.
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J-1
BLD Update
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Royall Brown, West Covina resident, commended the Boys and
Girls Club for their service.
Joanne Wilner, West Covina resident, requested clarity on what is
considered private and city property and the responsible parties for
removal.
Maria Guiterrez, Urban Graffiti, defended her company against
comments made by earlier speaker regarding her company.
Juan Renosa, Urban Graffiti, commented on the violation of the
current contractor not having a license and requested fairness and
the opportunity to bid.
Herb Redholtz, West Covina resident, requested the Mayor ask the
City Attorney to render an opinion regarding the lack of a
contractor's license and supported the current contractor to
continue until the expiration of their contract.
City Attorney Alvarez-Glasman stated the State Contractors Board
determines what type of activities require a state contractor license
and the City has received a written opinion from the State
Contractors Board taking the position that the current graffiti
removal contractor should have a contractors license.
Councilmember Miller voiced his support of the Boys and Girls
Club and the work they have performed. Miller also supported the
staff report alternative to allow the Boys and Girls Club to apply
for and obtain the proper contractors license and retain the contract
through the balance of the term.
Following further discussion Mayor Sanderson offered a
second to Councilmember Hernandez's motion.
Councilmember Hernandez further elaborated on his
concerns of graffiti removal throughout the city.
Mayor Sanderson called for a vote on the motion. Motion
failed with a 2-2 vote with Sanderson and Hernandez voting aye
and Wong and Miller voting no.
Councilmember Hernandez
Update on the Development Status and Construction Costs for
Big League Dreams Sports Parks in Other Cities
Councilmember Hernandez commented that his request was for
staff to research the cost overruns in communities where Big
League Dreams (BLD) is building, and with that information
initiate discussion regarding projections for West Covina.
Councilmember Hernandez stated this report only provided costs
the communities are experiencing, not the comparisons between
proposed costs and real costs. Hernandez elaborated on his
concern with the affordability of the project and the direction we
are going in.
Community Development Director Chung stated at the time
the report was written, staff did not have that information but has
the information tonight. Chung provided a verbal report.
Mayor Pro Tem Wong asked that staff also provide a
history of the original estimated costs and final construction costs
of the BLD projects in California.
Ron Odekirk, Big League Dreams, addressed the estimated and
increased costs of the various BLD projects. Mr. Odekirk
responded to questions presented by Mayor Pro Tem Wong
regarding revenues. Mayor Pro Tem Wong asked if licensing fees
would be returned if the project was put on hold. Mr. Odekirk
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stated that he feels the City and BLD can make this project work,
that they are willing to work with the City within the budget in
order to honor the contract.
Councilmember Hernandez reiterated his concerns of
affordability with the rising costs of construction.
• John Scheuplein, West Covina resident, voiced his support for the
completion of the project.
Mayor Pro Tern Wong requested staff bring back bonding costs,
projection for revenues and overall numbers that might have
changed since the original projections.
Motion by Miller and seconded by Hernandez to receive and file
this report and bring the item back with cost implications to the
West Covina project with current estimated construction costs and
projected revenues. Motion carried 4-0 with Herfert absent.
ADJOURNMENT Motion by Wong and seconded by Miller to adjourn at 10:17 p.m.
in memory of Larry McDonough, a former Waste Management &
Environmental Quality Commissioner.
ATTEST:
Assistant Cit Clerk Susan Rush
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Mayor Shelley Sanderson
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