08-16-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 16, 2005
• Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:17 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Alexandra Conrads
Saint Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Led by Councilmember Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmember Herfert,
Councilmember Hernandez, Councilmember Miller
Others Present: Fields, Alvarez-Glasman, Anderson, Bachman, Chung, Elliott,
Freeland, Gardner, McIsaac, Myrick, Samaniego, Yauchzee, Lee,
Semblantes, 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.
Regarding items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation — Two
Cases - Valencia Heights Water Company vs. City of West Covina
and Christine Cobb vs. City of West Covina
— Concerning discussion on Valencia Heights Water
Company, Mayor Pro Tem Wong excused himself from the
discussion due to share ownership in this company. City Council
received briefing from legal counsel, there was no action taken and
nothing further to report.
- Concerning discussion on Christine Cobb, Council
received a briefing from legal counsel and provided direction with
no further action and nothing further to report.
Conference with Labor Negotiators — Police Officers
Association, W.C. Firefighters' Association, I.A.FF., Local 3226 -
Council received a briefing from Labor Negotiators and provided
direction with no final action taken and nothing further to report.
Items on the CDC Agenda:
Conference with Legal Counsel — Anticipated Litigation —
One Case: Legal counsel provided a briefing and direction was
given with no final action and nothing further to report.
CHANGES TO THE AGENDA No changes to report.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular Meeting of January 18, 2005
• Special Meeting of February 1, 2005
PRESENTATIONS Blue Star Video was aired.
PROCLAMATIONS Mayor Sanderson proclaimed Monday, September 26 Family Day
— A Day to Eat Dinner with Your Children. Representatives of
the Nation Center on Addiction and Substance Abuse were not
able to attend but the City will forward the proclamation.
Council Minutes of August 16, 2005
ORAL COMMUNICATIONS
Patricia Cuesta Patricia Cuesta, West Covina resident, addressed concerns
regarding the group home on Loma Vista Street.
Susan Nunez Susan Nunez, West Covina resident, addressed concerns regarding
• a boys' home on Loma Vista and distributed a handout to the
Council.
Delores Knievel Delores Knievel, West Covina resident, also spoke on concerns
regarding the boys' group home.
Council discussion ensued regarding what agency has jurisdiction
over such homes.
Sharon Corona Sharon Corona, Loma Vista Street resident, added comments
regarding problems with the home.
Councilmember Hernandez requested this item be agendized for
the next Council meeting with respect to options of the City.
Julie Sorenson Julie Sorenson of the West Covina Library thanked Council and
the audience for a successful summer at the Library.
Lloyd Johnson Lloyd Johnson, West Covina resident, made favorable comments
for Councilmember Herfert.
John Scheuplein John Scheuplein, West Covina resident, praised the Movies in the
Park program and complimented the City Clerk's office on the
nominations packet.
Joanne Wilner Joanne Wilner, West Covina resident, expressed concerns over
safety issues at the corner of Cameron and Citrus Avenues.
UPDATES/REPORTS FROM CONSULTANTS None
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS None
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
a) Planning.............................................................. 06/14/05
b) Senior Citizen..................................06/09/05 & 07/14/05
c) Planning Commission ......................................... 08/09/05
d) Joint Planning/Community Services .................. 08/09/05
D-2 Claims Against the City (deny & notify claimant)
a) Jeri Oh vs. City of West Covina
b) Alma R. Gonzales vs. City of West Covina
Approval of Final Maps
• D-3 Lot Line Adjustment No. 166
Location: Southwest Corner of Citrus Street & Workman Ave.
Applicant: McIntyre Companies
Recommendation is that the City Council authorize the Chairman
and Secretary of the Community Development Commission to
execute the lot line adjustment and adopt the following resolution:
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Council Minutes of August 16, 2005
Resolution No. 2005-51 RESOLUTION NO: 2005-51 - A RESOLUTION OF THE CITY
Map Recordation COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 166 AND
DIRECTING THE RECORDATION THEREOF (MCINTYRE
COMPANIES)
• Miscellaneous — Human Resources
D-4a Addendum to Award of Contract to Eden Systems for Purchase of
HR Software System a Human Resources Software System
Recommendation is that City Council authorize the City Manager
to execute a contract to amend its current Software License and
Use Agreement with Eden Systems to purchase a new Human
Resources software system from Eden Systems in the amount not
to exceed $55,000 including license fees, taxes, and all
professional services necessary to implement the system.
Transmission of Memorandum of Understanding and
Implementing Resolution for the West Covina Police Management
D-4b Association
Resolution No. 2005-52 Recommendation is that City Council approve the proposed salary
MOU Adoption and benefit enhancements for the West Covina Police Management
Association by adopting the following resolution:
RESOLUTION NO. 2005-52 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST
COVINA POLICE MANAGEMENT ASSOCIATION;
AMENDING RESOLUTION NO. 7223, RELATING TO
COMPENSATION AND CLASSIFICATION OF POSITIONS
AS AMENDED, AND FIXING COMPENSATION AND
BENEFITS FOR CLASSES REPRESENTED BY THE POLICE
MANAGEMENT ASSOCIATION
Transmission of Memorandum of Understanding and
Implementing Resolution for the West Covina Police Officers'
D-4c Association
Resolution No. 2005-53 Recommendation is that the City Council approve the proposed
MOU Adoption salary and benefit enhancements for the West Covina Police
Officers' Association by adopting the following resolution:
RESOLUTION NO. 2005-53 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST
COVINA POLICE OFFICERS' ASSOCIATION; AMENDING
RESOLUTION NO. 7223 RELATING TO COMPENSATION
AND CLASSIFICATION OF POSITIONS AS AMENDED, AND
FIXING COMPENSATION AND BENEFITS FOR CLASSES
REPRESENTED BY THE POLICE OFFICERS' ASSOCIATION
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez, to waive further
reading of the resolutions and adopt, and approve all items except
• items D-4a, D4-b and D-4c. Motion carried 5-0.
Item D-4a Addendum to Award of Contract to Eden Systems for
Purchase of a Human Resources Software System —
Staff report was presented by Interim Human Resources Director
Fields. Mayor Pro Tern Wong commented that he did not see any
return (overall savings) to the department with the purchase of
software.
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Council Minutes of August 16, 2005
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Motion by Herfert and seconded by Miller to approve the
recommendation. Motion carried 4-0-1 (Wong abstained).
Items D-4b & 4bc Transmission of Memorandum of Understanding and
Implementing Resolution for the West Covina Police
Management Association
Transmission of Memorandum of Understanding and
Implementing Resolution for the West Covina Police Officers'
Association
Human Resources Administrative Analyst Gardner presented the
staff report
Councilmember Miller asked if the additional benefits had been
included in the approved budget. Staff responded in the
affirmative.
Joanne Wilner, West Covina resident, commented on the
retirement benefits of safety personnel.
John Scheuplein, West Covina resident, questioned where the
increase is within the budget.
Councilmember Miller presented an overhead to inform the public
of the benefits afforded to police officers and stated his concern of
not finding the proposed salary and benefit enhancements within
the budget.
Finance Director Bachman responded to the questions relative to
the budget document and stated that the retroactive increases
would be reflective in the appropriate years.
Resolution No. 2005-52 Assistant City Clerk Rush presented Resolution No. 2005-52.
Motion by Wong and seconded by Herfert to waive further reading
of the resolution and adopt. Motion carried 5-0.
Resolution No. 2005-53 Assistant City Clerk Rush presented Resolution, No. 2005-53.
Motion by Wong and seconded by Hernandez to waive further
reading and adopt. Motion carried 5-0.
PUBLIC HEARINGS General Plan Amendment No. 05-01
Zone Change No. 05-02
Appeal of Precise Plan No. 05-01
Appeal of Tentative Tract Map No. 62631
Appeal of Variance No. 05-01
Negative Declaration of Environmental Impact
1838 E. Workman 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 and answered questions of Council.
Public Testimony
Mayor Sanderson
Alvarez-Glasman
testimony.
called for public testimony. City Attorney
stated the procedural process for public
Andrew McIntyre (applicant), McIntyre Company, addressed the
Council requesting approval of their project with 24 units instead
of 22 as approved by the Planning Commission.
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Council Minutes of August 16, 2005
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Steven Jones, representing Ziad Alhassen and West Covina
Motors, addressed their appeal of the variances requested by the
applicant of the project. Mr. Jones replied to questions by
Councilmember Hernandez.
In Favor Ed Casanova, West Covina resident, spoke in favor of the appeal,
supporting the development of the applicant as proposed to the
Planning Commission.
In Opposition The following spoke in opposition to the applicant's appeal.
John Scheuplein, West Covina resident.
Joanne Wittier, West Covina resident.
Lloyd Johnson, West Covina resident.
Royall Brown, West Covina resident.
Kim Sutcliff, West Covina resident.
Rebuttal Steven Jones, stated the applicant created a self-induced hardship,
and it should first be determined what can be done on the property
without a variance and requested Council to support their appeal.
Testimony Closed
William McIntyre, McIntyre Company, addressed each variance
that was requested for their project and the findings of the Planning
Commission. Mr. McIntyre addressed Mayor Pro Tern Wong's
concerns of the perimeter wall between the proposed project and
the neighboring dealership. In closing Mr. McIntyre requested that
Council support the decisions of the Planning Commission and
approve the applicant's request of 24 units in the project.
Mayor Sanderson closed the testimony portion of the hearing.
Council Discussion Councilmember Miller stated the need to amend the General Plan
and the need for better planning to avoid any future problems.
Miller stated density is controlled by the land use element of the
general plan and does not support a variance to density. Would
like to see a plan of the project with 20 units to the acre.
Councilmember Herfert voiced his support of the variances
approved by the Planning Commission and the additional two units
as requested by the applicant.
Mayor Pro Tem Wong stated he is not opposed to the additional
units but asked the developer if he would consider changing the
units from facing the street, with which the Mr. McIntyre
responded yes.
Councilmember Hernandez stated he is concerned about the
density and supported updating the General Plan to eliminate piece
meal changes and to maintain standards. Hernandez stated his
opposition to the 24 units proposed by the developer.
Hernandez asked the City Attorney if approving variances
sets a precedence for future developers to initiate litigation when
their requested variance is denied and whether these current issues
have potential for litigation, and if so, who would be responsible
for litigation costs and can we be indemnified.
City Attorney Alvarez-Glasman stated that regarding
tonight's issue, if the City were to grant the various variances, the
beneficiary of the variances, the applicant, would most likely bear
the expense and the City could ask for indemnification. Regarding
precedence by tonight's action, it would not necessarily be binding
but one could anticipate such possible action.
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Council Minutes of August 16, 2005
Mayor Sanderson commented that the City is built out and each
area needs to be looked at individually and stated her support of
the applicant's request.
Motion by Herfert to grant the appeal of the applicant and allow a
variance for 24 units.
• Assistant City Clerk Rush presented the following resolutions:
Resolution No. 2005-54 RESOLUTION NO. 2005-54 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT NO. 05-01, ZONE CHANGE NO. 05-02,
PRECISE PLAN NO. 05-01, TENTATIVE TRACT MAP NO.
62631, AND VARIANCE NO. 05-01 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
Resolution No. 2005-55 RESOLUTION NO. 2005-55 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 05-01
Resolution No. 2005-56 RESOLUTION NO. 2005-56 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING PRECISE PLAN NO. 05-01 ON APPEAL OF
PLANNING COMMISSION ACTION
Resolution No. 2005-57 RESOLUTION NO. 2005-57 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP NO. 62631 ON
APPEAL OF PLANNING COMMISSION ACTION
Resolution No. 2005-58 RESOLUTION NO. 2005-58 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING VARIANCE NO. 05-01 ON APPEAL OF
PLANNING COMMISSION ACTION
Motion Motion by Herfert to waive further reading of the resolutions and
approve.
Mayor Pro Tem Wong initiated discussion regarding the
orientation of the doors on the front two units that were discussed
earlier and parking restrictions to not allow residents to park in
guest spots.
Second Wong seconded the motion with the implementation of parking
restriction language and directed staff to work with the developer
on the orientation of the doors on the front units.
Councilmember Hernandez suggested an amendment to include
indemnification of the City of any legal action.
City Attorney Alvarez-Glasman stated that an
indemnification clause is already in the variance resolution.
• Mr. McIntyre addressed the Council regarding whether this is a
standard in which the Planning Director responded in the
affirmative.
Action Motion carried 3 — 2 to waive further reading of the resolution and
approve with the added language regarding parking restriction.
(Miller and Hernandez voting no).
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Council Minutes of August 16, 2005
Assistant City Clerk Rush presented:
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Approving Zone Change 05-02 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 05-02
Motion by Wong and seconded by Herfert, to waive further
reading of the ordinance and introduce. Motion carried 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
No reports for this meeting.
Recess mayor Sanderson called a recess at 10:12 p.m. and reconvened at
10:24 p.m. with all members present.
DEPARTMENTAL MATTERS PUBLIC WORKS
None
CONTINUED ORAL COMMUNICATIONS
None
MAYOR'S REPORTS Discover West Covina Newsletter Distribution and Other
Promotional Options
I-1 Mayor Sanderson stated she wanted to bring back the publication
of the Discover newsletter on a monthly basis in order to
disseminate information to the community in a timely manner.
Assistant to the City Manager Chris Freeland presented the staff
report.
John Scheuplein, West Covina resident, commented that there is
not enough communication of City events.
Joanne Wilner, West Covina resident, stated she is in favor of
continuing the Discover monthly without any political platforms.
Herb Redholtz, West Covina resident, concurred with the previous
speakers and supported more information about the community.
Councilmember Hernandez supported informing the citizenry of
services and information and would like to resume the monthly
publication.
Mayor Pro Tern Wong commented on why he brought up the issue
of the prior 1990 policy at the previous meeting and explained that
he does not propose prohibiting all information, but did object to
anything that may be considered borderline a political platform in
nature.
Motion by Herfert and seconded by Wong to continue the
existing policy of not publicizing official City marketing and
public relations mailings for 90 days prior to an election with the
exception of informational items such as recreational information,
• fire safety programs and the like. Motion carried 3 — 2
(Sanderson and Hernandez voting no).
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Council Minutes of August 16, 2005
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COUNCILMEMBERS' REPORTS
Councilmember Miller
J-1 Information on a Quint Fire Apparatus
Fire Chief Elliott presented a brief report as to why the Quint Fire
Apparatus is not feasible for the City of West Covina.
Motion by Herfert and seconded by Miller to receive and file this
report. Motion carried 5-0.
ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the
meeting at 11:05 p.m. in memory of Mrs. Jackie Chappell, Dr.
Goldstein, former WCUSD Superintendent and Katy Rzonca, City
of Walnut Mayor. Motion carried 5 — 0.
ATTEST:
Assistant City Cle* Susan Rush
ayor Shelley Sanderson
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