07-19-2005 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 19, 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 City Manager Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmember Herfert,
Councilmember Hernandez, Councilmember Miller
Others Present: Pasmant, Fields, Alvarez-Glasman, Bachman, Samaniego, Wills,
Yauchzee, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to recessing into closed session, all items on the City
Council and CDC agendas were announced for inclusion in the
closed session discussion.
On the City Council agenda:
Conference with Labor Negotiators — West Covina Police
Officers Association, West Covina Police Management Association
and West Covina Firefighters' Association, I.A.F.A., Local 3226:
After receiving a briefing, the Council provided direction to the
agency's negotiator, there was no final action taken and nothing
further to report.
On the Community Development Commission agenda:
Conference with Legal Counsel, Potential Litigation —
consideration of one matter — CDC Board received a briefing from
legal counsel, there was no final action taken and nothing further to
report.
CHANGES TO THE AGENDA City Manager Pasmant announced the following changes: Items
listed under G-1 and G-2 should have been placed as items J-1 and
J-2.
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of January 10, 2005
Special meeting of January 14, 2005
Special Meeting of January 18, 2005
PRESENTATIONS Blue Star Video was aired.
Mayor Sanderson assisted by Police Chief Frank Wills presented
Detective Cruz Garcia, Jr. with a City tile and Resolution of
Commendation on his retirement from the City of West Covina
after 25 years of service to the community.
ORAL COMMUNICATIONS
Jeanne Sanove Jeanne Sanove, West Covina resident, spoke on street sweeping
and pavement issues.
Rudy Perez Rudy Perez, West Covina resident, brought up traffic issues on
Lark Ellen Avenue.
Council minutes of July 19, 2005
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Jean Perkins Jean Perkins, West Covina resident, spoke on the closing of the
Senior Center at 6:00 p.m. and it's effect on Wednesday night
activities.
Teresa Mancini Teresa Mancini, addressed issues about Bridge playing at the
Senior Center.
Larry Larson Larry Larson, Walnut resident, addressed issues regarding bridge
at the Senior Center and the perception of gambling.
Joan Stronaca Joan Stronaca, West Covina resident, also shared her concerns
with issues at the Senior Center.
Don Williams Don Williams, West Covina resident, spoke on issues regarding
bingo at the Senior Center.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the increase of
graffiti in his area of West Covina.
Councilmember Hernandez Asked when the Graffiti hotline number was made public and
when was the contractor advised to start using it.
Royall Brown Royall Brown, West Covina resident, commended the City for
creating Graffiti posters and magnets with the new hotline number
and complimented the Police Department Task Force.
George Ogden George Ogden, West Covina resident, thanked the Council, staff
and the Police Department for showing honor to Lillian Kiel.
John Scheuplein John Scheuplein, West Covina resident, addressed Council with
concerns with public safety negotiations.
Ed Casanova Ed Casanova, West Covina resident, shared his views on the Bingo
issues at the Senior Center.
UPDATES/REPORTS FROM CONSULTANTS — No Reports
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
PUBLIC WORKS
County Park Bond Discretionary Funds for Aroma Parkette
And Heritage Gardens Park
Public Works Director Shannon Yauchzee presented the staff
report. This item was carried over from July 5, at which time
Council requested staff to return with options not using PDF
District "G" funds. Mr. Yauchzee answered questions from
Council.
Joanne Wilner, West Covina resident, complimented staff on the
new proposals.
Assistant City Clerk presented
Resolution No. 2005-44 RESOLUTION NO. 2005-44 - A RESOLUTION OF THE CITY
Aroma Parkette COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT PER PARCEL
DISCRETIONARY GRANT PROGRAM FOR THE AROMA
PARKETTE DEVELOPMENT
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Council minutes of July 19, 2005
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Resolution No. 2005-45 RESOLUTION NO. 2005-45 - A RESOLUTION OF THE CITY
Heritage Park COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT PER PARCEL
DISCRETIONARY GRANT PROGRAM FOR HERITAGE
GARDENS PARK TRAILS
CONSENT CALENDAR
D-1
D-2a
Ordinance No. 2140
Second Dwelling Units
Motion by Herfert and seconded by Wong to waive further reading
of the resolutions and adopt, and approve the following staff
recommendations. Motion carried 5-0.
1. Approve the reappropriation of funds as follows:
Aroma Parkette New Park
Development
Recommended
Account No.
Amount
163.82.8516.7700
$38,000
175.82.8516.7700
126,800
176.82.8516.7700
0
143.82.8516.7700
135,200
$300,000
Heritage Gardens Park Trails
Recommended
Account No.
Amount
xxx.82.8218.7700
$410,200
174.82.8218.7700
154,000
175.82.8218.7700
0
176.82.8218.7700
0
203.82.8218.7700
263,000
143.82.8218.7700
22,800
$850,000
2. De -obligate the Park Bond Grant funding for Capital
Improvement Program Project No. PP-02208 Ridge Riders
Equestrian Center/Maverick Field Improvements
(143.82.8227.7700) and residual funds from other completed
and/or closed Capital Improvement Program projects.
3. Appropriate $100,000 of PDF District "E" for Project No. PP-
02208 Ridge Riders Equestrian Center/Maverick Field
Improvements (174.82.8227.7700) and $22,000 for the
completion of the Park Master Plan (174.82.8237.7700).
John Scheuplein, West Covina resident, voiced his support of
staffs recommendation restricting the use of relinquishment funds
for future improvements and maintenance. (Item D-4)
Commission Summary of Actions (receive & file)
Planning .......................................... 07/12/05
Ordinance for Adoption (waive further reading and adopt)
Code Amendment No. 03-01
Second Dwelline Units
ORDINANCE NO. 2140 — AN ORDINANCE OF THE CITY
OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE REGULATING SECOND
DWELLING UNITS (CODE AMENDMENT NO. 03-01)
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Council minutes of July 19, 2005
D-2b Code Amendment No. 05-01
Backup Space from Garages in Single -Family Residential Zones
Ordinance No. 2141 ORDINANCE NO. 2141 — AN ORDINANCE OF THE CITY
Backup Space from Garages 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 SINGEL-FAMILY
RESIDENTIAL ZONES (CODE AMENDMENT NO. 05-01)
Approval of Final Maps (adopt resolution)
D-3 Lot Line Adjustment No. 168
Location: SE Corner of Wednesday Drive and Giano Street
Applicants: City of West Covina and Shadow Oaks Villas III
Homeowners Association
Resolution No. 2005-46 RESOLUTION NO. 2005-46 — A RESOLUTION OF THE CITY
Lot Line Adjustment COUNCIL OF THE CITY OF WEST COVINBA, CALIFONRIA,
APPROVING LOT LINE ADMUSTMENT NO. 163 OF LOTS
133 AND 134 OF TRACT NO. 31619 AND DIRECTING THRE
RECORDATION THEREOF (CITY OF WEST COVINAAND
SHADOW OAKS VILLAS III HOMEOWNERS
ASSOCIATION)
Miscellaneous — Public Works
D-4 Relinquishment of North Azusa Avenue (State Route 39) and
Authorization of Funding for Design of Public Improvements
Recommendation is that City Council:
1. Adopt the following Resolution:
Resolution No. 2005-47 RESOLUTION NO. 2005-47 — A RESOLUTION OF THE CITY
Relinquishment ofRte. 39 OF WEST COVINA, CALIFORNIA, APPROVING
COOPERATIVE AGREEMENT NO. 07-4720 WITH THE
STATE OF CALIFORNIA PROVIDING FOR THE STATE'S
RELINQUISHMENT OF ROUTE 39 (SR 39) (NORTH AZUSA
AVENUE SOUTH TO BADILLO STREET NORTH CITY
LIMIT
2. Establish Project No. SP-05112 and Project No. TP-05506 for
street and landscape improvements and traffic signal
improvements on North Azusa Avenue.
3. Appropriate $37,000 (XXX.81.8535.7206) and $27,600
(XXX.85.8534.7800) to newly established Project No. SP-
05112 and Project No. TP-05506 from unappropriated
relinquishment funds for engineering design services from
consultants respectively.
4. Accept the proposal from David Volz Design in an amount of
$32,100 for Project No. SP-05112 and from Wildan in an
amount of $24,000 for Project No. TP-05506; and authorize the
Public Works Director and City Clerk to execute a Consultant
Agreement with said consultants to prepare plans,
specifications, and estimate cost.
5. Direct staff to prepare a resolution regarding restricting the use
of the relinquishment funds for North Azusa Avenue for future
improvement and maintenance.
• CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Herfert to waive further
reading of the ordinances and resolutions and adopt, and approve
all other items. Motion carried 5 — 0.
City Manager Pasmant request that Item E-1 be held until after E-2
as the applicant is not arrived.
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Council minutes of July 19, 2005
HEARING PUBLIC HEARING
E-2 West Covina Auto Plaza Business Improvement District 2005-
06 Annual_ Report and Assessment
Mayor Sanderson announced the public hearing. Assistant City
Clerk verified that proper legal notice had been given and Mayor
• Sanderson opened the hearing. Administrative Analyst Ixco
presented the staff report. Council discussion followed regarding
their authority and options to upgrade the readerboard since the
Business Improvement District's (BID) Advisory Board did not
approve financing in their budget for upgrades.
City Attorney Alvarez-Glasman suggested holding the
public hearing over in order to research legal issues regarding the
City's authority.
Council further discussed possibly meeting with the
dealerships individually.
Motion by Wong and seconded by Miller to hold over to the
Special City Council meeting of July 25, 2005 in order for the City
Attorney to research legal issues. Motion carried 5-0.
Herb Redholtz, West Covina, expressed his disappointment in the
Advisory Board and his concerns with the readerboard.
Council proceeded with the items on the agenda and continued to
hold item E-1 until the arrival of the applicant.
COMMUNITY DEVELOPMENT COMMISSION
No reports for this meeting.
DEPARTMENTAL MATTERS No reports for this meeting
MAYOR'S REPORTS None
COUNCILMEM BERS' REPORTS
Councilmember Hernandez
J-1 Public Safety Special Tax Election
Finance Direct Bachman presented staff report. The report
outlined the various tax option available, potential use of the
proceeds, requirements for a ballot measure and community
survey.
Police Chief Wills, at the request of the Mayor, clarified recent
articles in the newspaper regarding staffing levels in the police
department.
John Scheuplein, West Covina resident, voiced his opposition to
any tax measure on the November ballot.
Joanne Wilner, West Covina resident, inquired as to the costs of
ballot measures and expressed her views on tax measures.
Herb Redholtz, West Covina resident, supported a community
survey to receive resident input.
Councilmember Hernandez supported taking this issue to the
electorate for their input and viewed this as an opportunity for
economic development.
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Council minutes of July 19, 2005
Council discussion ensued regarding types of tax options and their
method (parcel or sales tax), and the components of polling the
residents to find out whether they would support a special tax.
Mayor Sanderson and Councilmember Herfert expressed their
• views in opposition to any new taxes to residents. Councilmember
Herfert stated the timing is wrong for a tax issue with a foreseeable
balanced budget and new revenue from projects coming in.
Motion Motion by Hernandez and seconded by Wong, to have staff move
forward with citizens poll and return with survey information on
August 2. Motion carried 3-2 (Herfert and Sanderson voting no).
Discussion continued as to whether there would be enough time to
properly prepare a ballot measure with the information received
from the survey and meet all the necessary County timelines. City
Attorney Alvarez-Glasman stated that if it was the Councils desire
to move forward with the preparation of a ballot measure after
receiving survey information, a special City Council meeting
would need to be called for the adoption of the appropriate
resolutions and ordinances.
Recess Mayor Sanderson called for a recess at 9:45. City Council
reconvened at 10:00 with all members present.
City Council continued with the Public Hearings due to the arrival
of the applicant.
HEARING PUBLIC HEARING
Code Amendment No. 04-05
E-1 Outdoor Retail Display Merchandise
Outdoor Uses Overlay Zone
Mayor Sanderson announced the public hearing. Assistant City
Clerk verified that proper legal notice had been given and Mayor
Sanderson opened the hearing. Planning Director McIsaac
presented the staff report.
Public Testimony Joanne Wilner, West Covina resident, brought to staff attention the
need to not eliminate the definitions of Specialty food items and
Specialty retail items.
Ted Slaught, President of Hillcrest Development, requested
Council to approve the amendment of regulations in the ordinance.
Testimony Closed Mayor Sanderson closed the public hearing with no others wishing
to address Council
Planning Director Melsaac stated that the two definitions of
Specialty food items and Specialty retail items pertain to the
Farmer's Market and suggested keeping the definitions in the
ordinance.
• 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
REGULATING TO THE OUTDOOR USES OVERLAY ZONE
(CODE AMENDMENT NO. 04-05)
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Council minutes of July 19, 2005
Motion Motion by Miller and seconded by Wong to waive further reading
of the ordinance and introduce with the amendment to add back
definition sections g and h. Motion carried 5 — 0.
Mayor Pro Tem Wong
1-2 Ballot Measure Regarding Requirement for
Public Assistance to Private Developments
Mayor Pro Tem Wong introduced the subject matter. Mr. Wong
felt some limits should be placed on the assistance provided to
private entities. Councilmember Miller proposed language that if
more than 50% of General Fund money was requested for the
payment of private construction a majority vote of the electorate
would be required. Mr. Wong requested Council discussion
regarding specifics of a proposed ballot measure.
Councilmember Herfert stated he would not support the issue, as it
is Councils job to manage the funds of the City.
Joanne Wilner, West Covina resident, felt this issue does not need
to be a ballot measure but more disclosure to the public is required.
John Scheuplein, West Covina resident, concurs with the prior
speaker that more information needs to be forthcoming to the
public and recommends the Council receive and file this item.
Royall Brown, West Covina resident, voiced his opposition to a
ballot measure.
Motion Motion by Herfert and seconded by Sanderson to receive and file.
Mayor Pro Tem Wong discussed how this measure would set
minimum standards that a current or future Council could not
change, change would be by majority vote of the voters, and that a
privately owned project with no City equity share could not receive
City assistance of more than 50%.
Councilmember Miller supported disclosure of how
General Fund monies are used and allowing the voters a say.
Substitute Motion Substitute motion by Miller and seconded by Wong to direct staff
to proceed with the development of the appropriate language for a
ballot measure which addresses the limitations and requirements of
public assistance in private and public projects and be brought
back on at the August 2 meeting.
Councilmember Hernandez supported the spirit of the measure but
concerned with any negative impact.
Amendment to Substitute Motion Wong requests to amend Millers motion by offering the following
as framework for the language:
• Privately owned projects - the City not contribute more than
50% of the capital costs.
• Publicly owned but privately operated — suggestions on how
• the City is paid back.
• Publicly owned and operated — no restrictions.
Councilmember Miller accepts Mayor Pro Tem Wong's
amendments as the intent of his motion.
Action Motion carried 3-2 (Sanderson and Herfert voting no).
City Manager Pasmant requested the City Attorney provided some
clarification on item J-1, Public Safety Special Tax Election.
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Council minutes of July 19, 2005
City Attorney Alvarez-Glasman stated a public hearing will
be required for a tax measure if the Council moves forward with
that option after review the survey and suggests that the City move
forward with noticing the public hearing.
Council concurred to move forward with necessary
requirements.
• 'CONTINUED ORAL COMMUNICATIONS
Juan Reinoso, Urban Graffiti, addressed concerns of an earlier
speakers graffiti issues.
ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the meeting
at 10:58 p.m. Motion tamed 5 — 0.
Mayor Shelley Sanderson
ATTEST:
Assistant City Cl rk Susan Rush