06-07-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
June 7, 2005
• Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:25 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Nestor Rebong, St. Christopher's Church
PLEDGE OF ALLEGIANCE Mayor Sanderson
ROLL CALL Mayor Sanderson, Mayor ProTem Wong, Councilmember Herfert,
Councilmember Hernandez, Councilmember Miller
Others Present: Pasmant, Alvarez-Glasman, Fields, Rush, Yauchzee, Samaniego,
Lennard, Freeland, Elliott, Hoppe, Bachman, Durbin, Villegas,
Chung, Lee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council and Community Development
Commission commenced the special meeting at 5:50 p.m. Prior to
recessing into closed session, the items for inclusion were
announced.
Regarding items on the City Council Agenda, (Conference
with Labor Negotiators — Employee Organizations: Police
Officers Association, Police Management Association, WC
Firefighters Association), a briefing was received from Labor
Negotiators with no final action and nothing further to report.
Regarding items on the CDC agenda:
Conference with Legal Counsel — Anticipated Litigation — One
matter related to BKK Landfill Closure — Received briefing from
Special Counsel with no final action taken and nothing further to
report.
CHANGES TO THE AGENDA None
PRESENTATIONS Blue Star Video was aired.
Assisted by Police Chief Wills, Mayor Sanderson recognized John
Hughes for his recent donation of barricade equipment to the
Police Department
PROCLAMATIONS Mayor Sanderson presented a proclamation to Vanessa Estrella
with the American Cancer Society declaring June 13 through June
30, 2005 Relay for Life Week.
ORAL COMMUNICATIONS
Marilee Marrero Marilee Marrero, representing the West Covina Library reported
• on the Library's promotional reading program for school age
children.
Ed Casanova Ed Casanova, West Covina resident, encouraged the City Council
to dedicate a portion of the open space being considered for
development for the seniors.
Frank Scalfaro Frank Scalfaro, President of the Rose Float Foundation, provided
an update of the Foundation and the upcoming reception.
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Lloyd Johnson Lloyd Johnson, West Covina resident, provided an update on a
resident's claim against DC Corp.
Tyra Mason Tyra Mason, of the Chamber of Commerce, invited all to visit the
West Covina Farmers Market and Street Festival.
John Scheuplein John Scheuplein, West Covina resident, apologized to Mayor
Sanderson for a recent letter in the newspapers and commented on
the incident at the prior meeting.
Councilmember Herfert Councilmember Herfert commented on the recent passing of two
community members, one of them being Bill Beem and requested
a video of Mr. Beem's military career be aired on WCCT.
George Ogden George Ogden, West Covina resident, gave an update of Lillian
Kiel's ailing health to Council.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Site Monthly Status Report
BKK Update Special Counsel Lennard presented the staff report.
Motion by Miller and seconded by Hernandez to receive and file
the report. Motion carried 5 — 0.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Finance
C-1 Appointment of Budget Committee Members
Budget Committee Mayor Pro Tem Wong commented on changes made to the method
of selection and his intent of method proposed at prior meeting.
Brief discussion commenced as to the purpose of the
budget committee. City Manager Pasmant responded that the prior
direction of Council was to form a committee to provide
suggestions and recommendations for future budget preparation.
Mayor Pro Tern Wong announced his individual
appointment to the committee as Wayne Partee.
Council proceeded to list names of individuals they would like to
have appointed to the committee and submitted "ballots" to staff to
tally. While ballots were being tallied, Mayor Sanderson moved
forward to the next item on the agenda.
Council concurred, at the request of Mayor Sanderson, to bring
forward Items C-3 and J-1, relative to Big League Dreams, for
discussion with Item C-2.
Authorization to "'Take from the Table" Various Big League
Dreams ("BLD") Project Issues. Additional Direction on
Identifying Those matters to be Returned for Consideration at
a Subsequent City Council Meeting.
C-2 hi response to Councilmember Miller's question, City Attorney
Take from the Table Alvarez-Glasman stated that any member may make a request to
"take from the table" an issue that has been tabled, the request does
not have to be by the member who requested to table the issue.
Recess Mayor Sanderson called a recess at 8:25 p.m. The City Council
reconvened at 8:35 p.m. with all members present and resumed
discussion of item C-1, Appointment of Budget Committee
Members.
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Continuation of C-1 Appointment of Budget Committee Members
Mayor Sanderson announced that the tally of votes did not present
any member with a 4/5's vote of Council.
Councilmember Hernandez suggested keeping the
committee to the five Council appointed members only or
terminate the committee.
Council discussed the need for the committee and shared
their views on the number of members needed. Council concurred
that the committee would not be participating in this year's budget
process but possibly begin later in the year for next year's budget.
Motion by Herfert and seconded by Hernandez to appoint the
individual appointment of each Councilmember to the committee
for a five member committee. Motion carried 3-2 with Miller and
Wong voting no. Miller stated he would vote in favor if there was
representation from the business community.
Authorization to "Take from the Table" Various Big League
Dreams ("BLD") Project Issues. Additional Direction on
Identifying Those matters to be Returned for Consideration at
a Subsequent City Council Meeting.
Continuation of C-2 City Attorney briefly explained that a motion would be required
from any Councilmember to "Take from the Table" the issues
relative to the BLD project in order to continue with discussions on
C-3 and J-1.
Motion by Herfert and seconded by Hernandez to "Take from the
Table" the issues related to the BLD. Motion carried 5-0.
C-3 Councilmember Report
Construction Costs for Big League Dreams Sports Parks in
Other Cities and the Economic Impacts to the West Covina Big
League Dreams Sports Park
J-1 Councilmember Herfert
Postpone the Big League Dreams Sports Park
Community Development Director Chris Chung presented the staff
report. Mr. Chung answered questions from Council regarding the
original financing structure of the project.
Discussion ensued regarding the use of any general fund
money for the project and source of funding to purchase the land
being sold for the commercial development.
Don Carmen, West Covina resident, commented on comments
made by Mayor Pro Tern Wong at previous meeting.
Joanne Wilner, West Covina resident, made several comments
regarding financial issues of the project.
John Scheuplein, West Covina resident, encouraged the City
Council to move forward with the project
Ron Odekirk, with Big League Dreams, reaffirmed commitment to
the City of West Covina to make this project work and requested a
motion by the Council to proceed with finishing the plans and put
it out to bid.
Art Velasquez, West Covina resident, asked for clarification on
how the City can loan money to the CDC, make a profit, and not
pay it back to the City or the general fund. Councilmember
Herfert responded.
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Councilmember Miller elaborated on his reasons that he opposed
the project. He felt the project must make sense for the
community, make environmental sense and economic sense.
Recess Mayor Sanderson called a recess at 9:23 p.m. City Council
reconvened at 9:33 p.m. with all members present.
• Council resumed discussion and directed questions to staff
regarding the original projected revenues and cost of project in
relation to the current projected costs.
Mayor Pro Tem Wong expressed his opposition to the
project stating it has little or no benefit to the community and has a
net cost.
Councilmember Hernandez stated his support for making
necessary changes to make the project work if bids for current
construction costs overrun original estimates.
Councilmember Hernandez made a motion to direct staff to
complete the construction plans and send out for bid with a return
in a reasonable time period.
Chung explained that the completion of the grading process
will determine when we can bid on the construction of the Big
League Dreams project. City Manager Pasmant stated that plans
can be completed but the land won't be ready in order to bid for a
while due to the current factors with the Integrated Waste
Management Board and other issues. Focus should currently be on
the retail commercial development.
Following lengthy discussion regarding the development
status of the project and escalating costs, Councilmember Herfert
stated his reasons for agendizing the postponement of the Big
League Dreams Sports Park project.
Motion Motion by Herfert to finish the plans, put the project on hold until
C-3 & J-1 we can find funding solutions [grant funding or additional revenue
sources], or address the additional costs by possibly downsizing
the project.
Councilmember Hernandez asked for a legal opinion, if the
motion is supported, is the City's ability to seek other types of
developments for the site limited. The City Attorney stated the
City has an obligation with Big League Dreams by contract and
staff would need direction from Council to negotiate with BLD.
Following further Council discussion regarding time frame
of project and interest to seek other opportunities, a second to the
motion was offered by Councilmember Hernandez.
Action on motion Motion carried 3-2 with Miller and Wong voting no.
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
Human Resources 04/13/05
Planning 05/24/05
• Claims Against the City of West Covina (deny & notify claimant)
Denial of Claims USAA Insurance vs. City of West Covina
Shtawney Germain vs. City of West Covina
Shukri Sakiri vs. City of West Covina
Arlene C. Vargas and M. Esther Romero vs. City of West Covina
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D-3a
Ordinance No. 2135
Zone Change at 707 S. Lark Ellen
Ordinances for Adoption (waive reading & adopt)
Zone Change No. 05-05
Applicant: City of West Covina
Location: 707 South Lark Ellen Avenue
ORDINANCE NO. 2135 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 05-05
D-3b Zone Change No. 04-06
Ordinance No. 2136 841 West Merced Avenue (Elks Lodge)
Rezone Elks Lodge Property (Near the northwest comer of Glendora and Merced Avenue)
ORDINANCE NO. 2136 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 04-06
D-4 Traffic Committee Minutes (accept & file)
Minutes from the regular meeting of May 17, 2005
D-5 City Treasurer's Report (receive and file)
Report for the month of April 2005
Miscellaneous — Public Works
West Covina Landscape Maintenance District No. 1 — Setting of
2005-2006 Assessment Rate
D-6a Recommendation to approve the following resolution:
MD-1 Assessment Rate RESOLUTION NO. 2005-23 — A RESOLUTION OF THE CITY
Resolution No. 2005-23 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE AMOUNT OF MONEY NECESSARY TO BE
RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID
MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2005
West Covina Landscape Maintenance District No. 2 — Setting of
2005-2006 Assessment Rate
D-6b Recommendation to approve the following resolution:
MD-2 Assessment Rate RESOLUTION NO. 2005-24 — A RESOLUTION OF THE CITY
Resolution No. 2005-24 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE AMOUNT OF MONEY NECESSARY TO BE
RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID
MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2005
Miscellaneous — City Manager's Office
Animal Control Contract Renewal
D-6c Recommendation to:
Animal Control Contract 1. Authorize the City Manager to execute a revised five-year
contract (July 1, 2005 to June 30, 2010) with the Los Angeles
County Department of Animal Care and Control (County); and
2. Authorize staff to include an increase in dog licensing fees in
accordance with Government Code Sections 6062 and 6062(a).
CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Miller to waive further
reading of the resolutions and adopt; and approve all items listed
on the Consent Calendar. Motion carried 5-0.
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PUBLIC HEARINGS 1) West Covina Landscape Maintenance District No. 4
2) West Covina Landscape Maintenance District No. 6
3) West Covina Landscape Maintenance District No. 7
E-1, E-2, E-3 Mayor Pro Tem Wong stated he would abstain from any discussion
and vote on Maintenance District No. 7 due to conflict of interest.
Mayor Sanderson announced the public hearing, Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the public hearing. Public Works
Director Yauchzee announced that the public hearings for
Maintenance Districts 4, 6 and 7 would be combined and presented
the staff report.
Assistant City Clerk verified that no written comments had been
received.
Public Testimonv Mayor Sanderson asked for public testimony and hearing none,
closed the public hearing.
Assistant City Clerk Rush presented:
Resolution No. 2005-25 RESOLUTION NO. 2005-25 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT,
AND THE ASSESSMENT CONTAINED IN THAT REPORT,
FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4;
ORDERING LANDSCAPING MAINTENANCE,
RENOVATION AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL
YEAR BEGINNING JULY 1, 2005
Assistant City Clerk Rush presented:
Resolution No. 2005-26 RESOLUTION NO. 2005-26 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT
AND THE ASSESSMENT CONTAINED IN THAT REPORT
FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6;
ORDERING LANDSCAPING MAINTENANCE,
RENOVATION AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL
YEAR BEGINNING JULY 1, 2005
Assistant City Clerk Rush presented:
Resolution No. 2005-27 RESOLUTION NO. 2005-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT
AND THE ASSESSMENT CONTAINED IN THAT REPORT
FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7;
ORDERING LANDSCAPING MAINTENANCE,
RENOVATION AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL
YEAR BEGINNING JULY 1, 2005
Motion Motion by Councilmember Miller and seconded by
Councilmember Hernandez to waive further reading of the
resolutions and adopt. Motion carried 5-0 for the adoption of the
resolution pertaining to MD's 4 and 6 and 4-0-1, with Wong
abstaining, on the adoption of the resolution pertaining to MD 7.
COMMUNITY DEVELOPMENT COMMISSION
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Mayor Sanderson recessed the City Council meeting at 10:34 p.m.
to convene the Community Development Commission agenda.
The City Council reconvened at 10:42 p.m. with all members
present.
Councilmember Herfert left at 10:42 p.m.
DEPARTMENTAL MATTERS
ENVIRONMENTAL MANAGEMENT DEPARTMENT
G-1 Athens Services 2005 Consumer Price Index (CPI) Rate and
Los Angeles County Landfill Tipping Fee Waste Collection
Adjustments
Waste Hauler Fees Environmental Director Samaniego presented the staff report.
Staff answered questions from Mayor Pro Tern Wong regarding
the amendment approved in January 2004 and that Athens was
going to forego any "catch-up" on the CPI rate increases.
Motion by Wong to receive and file the report and direct staff to
review the council tape of January 20`h for clarification on Athens
foregoing any CPI rate catch-up.
Substitute motion offered by Miller and seconded by Hernandez to
have staff review the tape and bring this item back at the following
meeting. Motion carried 4-0 with Herfert absent.
CONTINUED ORAL COMMUNICATIONS
None.
MAYOR'S REPORTS No reports for this meeting.
Councilmember Herfert returned at 11:15 p.m.
COUNCILMEMBER'S REPORTS
Councilmember Herfert
J-1 Postponine the Big League Dreams Sports Park
This item discussed earlier with item C-3.
Councilmember Hernandez
J-2 Graffiti Removal Contract Reconsideration
Councilmember Hernandez elaborated on the staff report.
Councilmember Hernandez requested that Council consider graffiti
removal with a new firm, due to the complaints he has received
from residents.
Motion Motion by Hernandez to allow the Boys and Girls Club and the
next lowest bidder from the last bid process to each serve one half
of the City (each firm at one half of the contract price) for graffiti
removal and at years end award the contract to the firm who best
serves the City.
John Shewmaker, West Covina resident, commented on
Councilmember Hernandez's actions at the previous meeting
during a debate with a resident.
Herb Redholtz, West Covina resident, supported the Boys and
Girls Club and felt there is no need to change firms.
John Scheuplein, West Covina resident, reiterated his position that
there is no reason to make any changes.
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Art Velasquez, West Covina resident, voiced his support of the
Boys and Girls Club and complimented their work.
Juan Reinoso, Urban Graffiti, made comments on the award of bid
of the graffiti contract, which he felt, was made on personal
preference, not on low bid and that the Boys and Girls Club is
operating in violation of State law.
Maria Gutierrez, Urban Graffiti, made several comments in
reference to the City utilizing an unlicensed contractor.
Royall Brown, West Covina resident, suggests the council
establish a grant with the Boys and Girls Club.
Councilmember Herfert requested the City look at options for
tougher prosecution of taggers and supported the concept of
splitting the City allowing two agencies handling the removal of
graffiti.
City Attorney Alvarez-Glasman addressed provisions that will
need to be analyzed prior to making any changes which include the
validity of the current contract. Discussion ensued surrounding the
Boys and Girls Club contractors licensing issues.
Councilmember Miller voiced his support of the Boys and Girls
Club and suggests allowing them time to obtain their license.
Amended motion Councilmember Hernandez reiterated his concerns with the current
contractor and changes his motion to cancel the contract with the
Boys and Girls Club and award the contract to the lowest bidder
from the previous competitive bid process.
Councilmember Herfert requests this item be brought back with
the following:
• whether the Boys and Girls Club can be allowed time to obtain
a license
• staff input on a system to divide the City for two contractors
• ' costs for two contractors
• information for stricter standards for prosecution and
• information as to what neighboring cities are doing regarding
prosecution of taggers.
Substitute motion Motion by Hernandez and seconded by Herfert to proceed with the
requests of Councilmember Herfert. Motion carried 3-2 with
Miller and Wong voting no.
Mayor Pro Tem Wong further requested that staff bring back a
history of fines levied by the State Contractors Licensing Board
and types of violations.
ADJOURNMENT Motion by Sanderson and seconded Herfert to adjourn in memory
of Michael Piper, Bill Beem, Rita Denholtz and Judy Lynne,
daughter of former Mayor Robert Young.
Mayor Shelley Sanderson
ATTEST,.
Assistant City Cl rk Susan Rush
D