07-05-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 5, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:20 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong, Councilmember Herfert,
Councilmember Hernandez, Councilmember Miller
Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Samaniego, Paul,
Yauchzee, McIsaac, Bachman, Chung, Lee, Ixco, Anderson, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The special meeting commenced at 6:10 p.m. Prior to
recessing into closed session, all items on the City Council and
Community Development agendas were announced for inclusion
in the closed session discussion.
Conference with Labor Negotiators — West Covina Police
Officers Association, West Covina Police Management Association
and West Covina Firefighters' Association, I.A.FA., Local 3226:
Council received a briefing from Labor Negotiators, direction was
provided, no final action taken and nothing further to report.
Conference with Real Property Negotiators: 1444 West
Garvey Avenue South - Council received a briefing from legal
counsel, direction was provided to prepare necessary document to
extend the existing ENA. Will be brought back for consideration
in open session.
Conference with Legal Counsel — Anticipated Litigation -
One matter — Council received a briefing on one case regarding the
Boys and Girls Club. Item will be considered in open session.
Items on the CDC Agenda:
Conference with legal counsel — Anticipated Litigation —
Two potential cases — Council received a briefing and no final
action was taken. Items will be on open agenda for discussion this
evening.
Conference with Real Property Negotiators — 1700 West
Covina Parkway - Council received a briefing from property
negotiators. Direction provided to prepare necessary documents
for an extension of the ENA and this item will be on open agenda
for discussion at the next meeting.
CHANGES TO THE AGENDA City Manager Pasmant announced the following changes:
Item F-1 Addendum to Park Funding added.
Item C-2 Addendum to Graffiti Contract item — Additional
• footnote added.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of December 21, 2004
PRESENTATIONS Blue Star Video was aired.
Council minutes of July 5, 2005
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Mayor. Sanderson called forward Frank Scalfaro, President of the
West Covina Rose Float Foundation and Larry Crain, Owner of
Charisma Floats, who unveiled the 2006 West Covina Rose Float
rendering entitled "Midnight Magic."
Mayor Sanderson presented Steve Samaniego, Interim Community
Services Director with a proclamation designating the Month of
July as Parks and Recreation Month in the City of West Covina. A
short slide presentation was aired highlighting the various events
and programs that the Community Services Department conducts
throughout the year.
Mayor Sanderson called forward City Manager Pasmant and
Assistant City Clerk Sue Rush to announce her appointment as
Assistant City Clerk.
ORAL COMMUNICATIONS
Ferdy Chan Ferdy Chan, West Covina resident, suggested the City look into
starting a database correlating burglary locations and the
construction site locations.
John Scheuplein John Scheuplein, West Covina resident, spoke about veterans'
preference to applicants, oral communications time limits, and
CDC stipends issues.
George Ogden George Ogden, West Covina resident, announced services for
Lillian Keil, a member of VFW Post 8620 and the American
Legion Post 790, both in West Covina, who recently passed away.
Frank Williams Frank Williams, West Covina resident, addressed several city
issues.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Site Monthly Status Report
Special Counsel Colin Leonard presented an update and
highlighted changes since his last presentation regarding BKK
focusing on 1) compliance with the DTSC order and 2) Proposition
65 Warning notices.
The following West Covina residents addressed Council regarding
BKK issues: Ferdy Chan, Royall Brown and John Scheuplein.
Special Counsel Leonard responded to questions.
Motion Motion by Herfert and seconded by Hernandez to receive and file
the report. Motion carried 5 — 0.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Councilmember Herfert
Ziad Alhassen Memo
C-1 Finance Director Bachman presented the staff report pertaining to
a memo to the City Manager regarding recent negotiations with
Ziad Alhassen.
Councilmember Herfert inquired as to the attendance of
Councilmember Miller at the meeting with Mr. Alhassen.
Councilmember Miller stated the meeting was arranged by Mr.
Alhassen who invited him to attend.
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Council minutes of July 5, 2005
Motion Motion by Herfert seconded by Miller to receive and file this
report. Motion carried 5 — 0.
Councilmember Hernandez
Graffiti Contract Reconsideration
C-2 Environmental Management Director Steve Samaniego presented
• the staff report pertaining to the Graffiti Removal Contract.
Samaniego responded to questions from Council regarding time
left on the current contract.
Councilmember Wong suggested that the hotline number for
graffiti removal be a City number accessible by the contractor to
ensure thorough monitoring of complaints.
Royall Brown, West Covina resident, commented on graffiti in the
parks and voiced his support of the current contractor.
John Scheuplein, West Covina resident, commented on the
repeated times this item has been before Council and challenged
Urban Graffiti to color matching walls where graffiti has been.
Herb Redholtz, West Covina resident, commented on the increased
graffiti and the need to prosecute.
Frank Williams, West Covina resident, commented on the need for
graffiti removal supporting a change in contractors.
Mayor Sanderson, with the consensus of Council, requested the
City Attorney to report out from the closed session discussion
certain information to help the public understand why the issue is
back before council for consideration of whether to provide a
notice of termination.
City Attorney Alvarez-Glasman reported the following:
* The State of California Contractors Licensing Board
indicated the Boys and Girls Club would need a contractors license
to conduct business.
* The Investigative Fraud Department is unaware of any
penalties issued to cities, this is the first the contact person had
come across such a case.
* The license processing period would take anywhere
between 3.5 to 7 months.
* Staff is concerned and uncertain of future actions of the
State Contractors Board if the City continues with the Boys and
Girls Club.
Councilmember Miller provided comments in support of the Boys
and Girls Club but recognized the legal issues of their not having a
license.
Police Chief Wills gave a brief overview of the graffiti task force
and their efforts in apprehending and prosecuting taggers.
Maria Gutierrez, Urban Graffiti, spoke on the intentions of their
• company in providing a service to the City.
Motion Motion was made by Hernandez to notify the Boys and Girls Club
that their contract is null and void and replace with the next lowest
responsible bidder at the last bidding process.
Amendments Wong seconded the motion and offered the following for possible
amendment:
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Council minutes of July 5, 2005
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* Provide compensation to the Boys and Girls Club for their
transferring information received on their hotline in a timely
fashion;
* Track incidents reported by staff, possibly providing
incentives;
* Track how quickly Code Enforcement is following up with
notices left at private properties which need graffiti clean up;
* Inform the police department of areas of repeated graffiti.
Action Councilmember Hernandez accepted the amendments to his
motion. Motion carried 5 — 0.
Recess Mayor Sanderson called for a recess at 9:10 p.m. Meeting
reconvened at 9:20 p.m. with all members present.
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
a) Planning ...................................... 06/28/05
D-2 Claims Against the City (deny & notify claimant)
a)
Sylvia P. Garcia vs. City of West Covina
b)
Patricia Munoz vs. City of West Covina
c)
Jennifer Rodriguez vs. City of West Covina
d)
Christina Rodriguez vs. City of West Covina
e)
Sherry A. Brown vs. City of West Covina
f)
Nancy Scothom vs. City of West Covina
g)
Vivian Lew vs. City of West Covina
Ordinance for Adoption
D-3a Charter Communications Settlement Agreement
Ordinance No. 2137 ORDINANCE NO. 2137 — AN ORDINANCE OF THE CITY
Settlement Agreement with Charter .COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Communications AMENDING THE WEST COVINA MUNICIPAL CODE
SECTION 11-20 (a) FRANCISE FEE AMOUNT AND
PAYMENT AND SECTION 11-20 (b) INSPECTION OF
RECORDS
D-3b Zone Change No. 05-07
Location: 421 South Citrus Street
Ordinance No. 2138 ORDINANCE NO. 2138 — AN ORDINANCE OF THE CITY
Zone Change No. 05-07 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 05-07
Code Amendment No. 05-02
D-3c Postal Service Uses
Ordinance 2139 ORDINANCE NO. 2139 — AN ORDINANCE OF THE CITY
Postal Uses Zoning Amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE REGARDING POSTAL
SERVICE USES IN THE "NEIGHBORHOOD COMMERCIAL"
(N-C) ZONE (CODE AMENDMENT NO. 05-02)
Award of Bid
Award of Bid for Community Development Block Grant
D-4 (CDBG) Consultant Services
Recommendation is to award bid for CDBG consultant services to
Castaneda and Associates for a three-year period for an amount not
to exceed $20,000 per year ($60,000 for three-year period).
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Council minutes of July 5, 2005
City Treasurer's Report (receive & file)
D-5 Report for the Month of May 2005
Recommendation is to receive and file the report.
Miscellaneous — Police Department
D-6a Replacement of Police Photocopiers
Police Photocopiers Recommendation is to find that the Los Angeles Unified School
District contract #0550059 for Toshiba 1050 and 350 photocopiers
satisfies West Covina's bid process and authorize the Chief of
Police to enter into a 60-month lease agreement with our current
vendor, Danka Office Imaging.
Miscellaneous — Risk Management
D-6b Placement of Property Insurance for FY 2005/2006
Property Insurance Recommendation is to approve placement of the City's property
insurance coverage with the Hartford at a cost of $68,989 for FY
2005/2006.
Big Independent Cities Excess Pool (BICEP): Second Amendment
to the Joint Powers Authority Agreement (JPA) and Fourth
D-6c Amendment to the Liability Risk Coverage Agreement (LRCA)
BICEP Second Amendment Recommendation is to approve amending the Big Independent
Resolution No. 2005-40 Cities Excess Pool's (BICEP) Second Amendment to the Joint
Powers Authority Agreement (JPA) and Fourth Amendment to the
Liability Risk Coverage Agreement (LRCA) by adopting the
following resolution:
RESOLUTION NO. 2005-40 OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE
LIABILITY RISK COVERAGE AGREEMENT AND THE
JOINT POWERS AGREEMENT CREATING THE BIG
INDEPENDENT CITIES EXCESS POOL JOINT POWERS
AUTHORITY, AND AUTHORIZING, RATIFYING AND
APPROVING CERTAIN OTHER DOCUMENTS AND
ACTIONS IN CONNECTION THEREWITH
Miscellaneous — Community Development Commission
Auto Plaza Business Improvement District
D-6d Recommendation is to adopt the following resolution:
Resolution No. 2005-41 RESOLUTION NO.2005-41 — A RESOLUTION OF
Intention to Levy Assessments INTENTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS
WITHIN THE WEST COVINA AUTO PLAZA BUSINESS
IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2005-
06, AND PROVIDING NOTICE OF PUBLIC HEARING
THEREON TO BE CONDUCTED JULY 19, 2005
Miscellaneous — Finance
Resolution to Continue 2004-05 Appropriations
D-6e Recommendation is to adopt the following resolution:
Resolution No. 2005-42
• 04/05 Appropriations RESOLUTION NO. 2005-42 OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, TO CONTINUE
APPROPRIATIONS CONSISTENT WITH THE 2004-05
FISCAL YEAR CITY, COMMUNITY DEVELOPMENT
COMMISSION AND LOCAL ENFORCEMENT AGENCY
OPERATING BUDGETS UNTIL THE ADOPTION OF THE
FISCAL YEAR 2005-06 ANNUAL BUDGET
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Council minutes of July 5, 2005
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CONSENT CALENDAR ACTION Motion by Wong and seconded by Hernandez, to waive further
reading of the ordinances and resolutions and adopt, and approve
all items except items D-6d and D-6e. Motion carried 5-0.
Item D-6e Resolution to Continue 2004-05 Appropriations - Motion by
Wong and seconded by Herfert to amend the resolution to state the
continuation of appropriations be through August 16, 2005.
Motion carried 5-0.
Item D-6d Auto Plaza Business Improvement District -
Herb Redholtz, West Covina resident, asked whether there are any
plans to update the reader board at the auto plaza.
Mayor Pro Tern Wong requested a discussion as to what the
alternatives are since the auto dealers are not interested in funding
improvements to the reader board. Community Development
Director Chung stated that the CDC department has met with the
dealership to discuss either rehabilitation or replacement of the
sign. The advisory board is developing a plan for the reader board.
Motion by Wong and seconded by Miller to approve the resolution
of intention setting the public hearing to consider the proposed
budget for the Business Improvement District. Motion carried 5-0.
HEARING CONTINUED PUBLIC HEARING
Code Amendment No. 03-01
E-1 Second Dwelline Units
Mayor Sanderson introduced the hearing matter. 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 and responded to questions from council.
Public Testimonv Joanne Wilner, West Covina resident, commented on second units
on property zoned for horses.
Testimony Closed With no further comments, Mayor Sanderson closed the public
hearing.
Council Discussion Mayor Sanderson stated her concern that the state law is taking
away the rights of citizens by eliminating the requirement of
notifying surrounding residents and prohibiting cities from
requiring a CUP process [discretionary review].
Councilmember Miller suggested including in the standard for
second dwellings, that in areas with large lots that support horses,
that the adjoining properties be notified of a second dwelling unit.
Councilmember Hernandez concurs with Mayor Sanderson and
offered a motion.
Motion Motion by Hernandez and seconded by Sanderson to not amend
the City's zoning regulations as recommended by the Planning
Commission but send a letter to the Governor's Office and
Legislature that this [(AB) 1866] will not work for West Covina.
Council discussion ensued regarding the State law and the City not
being able to prohibit second dwellings but their ability to set
standards. It was Council's consensus to maintain the requirement
of the CUP process.
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Council minutes of July 5, 2005
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Substitute motion Councihnember Miller offered a substitute motion to keep the
CUP process and adopt the Planning Commission
recommendations [larger lot size and minimum second dwelling
size].
Mayor Sanderson requested amendment to substitute
motion to prohibit second dwelling in Area Districts III, IV and V.
Assistant City Clerk presented
Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICPAL CODE
REGULATING SECOND DWELLING UNTS (CODE
AMENDMENT NO. 03-01)
Motion Motion by Miller and seconded by Hernandez to waive further
reading of the ordinance and introduce with amendment. Motion
carried 5-0.
HEARING PUBLIC HEARING
E-2 Code Amendment No. 05-01
Backup Space from Garages in Single -Family Residential
Zones
Mayor Sanderson introduced the hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Principal Planner Jeff
Anderson presented the staff report.
Public Testimonv Joanne Wilner, West Covina resident, voiced her support of the
amendment and requested enforcement of the RV code to make
sure the space is maintained.
Testimony Closed With no further comments, Mayor Sanderson closed the public
hearing.
Assistant City Clerk presented:
Ordinance Introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO BACKUP SPACE FROM GARAGES IN
SINGLE-FAMILY RESIDENTIAL ZONES (CODE
AMENDMENT NO. 05-01)
Motion Motion by Herfert and seconded by Hernandez to waive further
reading of the ordinance and introduce. Motion carried 5 — 0.
HEARING PUBLIC HEARING
E-3 Fees and Charles
Mayor Sanderson introduced the hearing matter. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Finance Director Bachman
presented the staff report, which outlined setting and increasing
certain fees and charges. The report further stated that the fee
schedule has included fees for parking permits but specific code
sections specify that parking permits are free. The
recommendation includes bringing back a code amendment
allowing the collection of fees for issuing parking permits.
Public Testimonv With no public comments offered Mayor Sanderson closed the
public hearing.
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Council minutes of July 5, 2005
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Council Discussion Councilmember Miller supported the proposed fee and charge
schedule but did not support fees for the issuance of parking
permits.
Mayor Pro Tern Wong suggested a low-income exemption
for parking permits. Mr. Wong requested a report be brought back
to include how many permits are issued to the neighborhood
residents in restricted parking areas where restricted parking is for
unwanted business parking and with a low income exemption for
parking permits..
Motion Motion by Miller and seconded by Herfert to bring back a report at
a later date for consideration of the collection of the parking permit
fee. Motion carried 5-0.
Assistant City Clerk presented.
Resolution No. 2005-43 RESOLUTION NO. 2005-43 OF THE CITY COUNCIL OF THE
Setting Fees CITY OF WEST COVINA, CALIFORNIA, SETTING AND
INCREASING CERTAIN FEES
Motion Motion by Miller and seconded by Herfert to waive further reading
of the resolution and adopt. Motion carried 5-0.
DEPARTMENTAL MATTERS PUBLIC WORKS
County Park Bond Discretionary Funds for Aroma Parkette
F-1 and Heritage Gardens Park
Public Works Director Yauchzee presented the staff report
regarding the funding for Aroma Parkette and Heritage Gardens
Park. Council discussion followed regarding the use of PDF funds.
Joanne Wilner, West Covina resident, addressed Council on the
use of funds.
Royall Brown, West Covina resident, suggested the city apply for
grants for funding the trails.
Council continued discussion regarding the use of funding from
PDF "G" for use for Heritage Gardens Park Trails and the idea of a
"loan" from one district to another.
Motion Motion by Herfert and seconded by Hernandez to bring this item
back at the next Council meeting with options that do not use PDF
"G" funds. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 10:40 p.m.
to convene the Community Development Commission. The City
Council reconvened at 10:58 p.m.
CONTINUED ORAL COMMUNICATIONS None
MAYOR'S REPORTS
No reports.
COUNCILMEMBERS' REPORTS No reports.
Council Comments Councilmember Hernandez commented on the reduction of School
Resource Officers and the community's concern with Public Safety
and services and suggested the option of a Public Safety initiative
on the November ballot. Mr. Hernandez equested information
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Council minutes of July 5, 2005
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from staff regarding timelines for placing a Public Safety measure
on the ballot.
Mayor Pro Tern Wong initiated discussion regarding timelines for
placing measures on the ballot and requested information on types
of tax measures. Mr. Wong also requested information in regards
to a ballot measure concerning guidelines or parameters before the
City offered public funds as financial assistance to businesses.
ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the
meeting at 11:13 p.m. in memory of Captain Lillian Kiel and Mike
Gordon, former Mayor of El Segundo. Motion carried 5-0.
M yor Shelley Sanderson
ATTES i'-
Assistant Cit Jerk Susan Rush
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