11-01-2005 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
November 1, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:00 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Eda Segal, Principle of the Ati Hebrew Academy
PLEDGE OF ALLEGIANCE Led by Councilmember Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong, Councilmember Miller,
Councilmember Herfert, Councilmember Hernandez
Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Samaniego, Yuasa,
Smilowitz, Yauchzee, Chung, Bachman, 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 agenda were announced for inclusion in the closed session
discussion.
Conference with Labor Negotiators: Council received a
briefing from the City's negotiators, there was no final action taken
and nothing further to report.
Conference with Legal Counsel Existing Litigation:
Briefing was provided to Council from the City Attorney's Office.
Council unanimously approved not to provide a defense in this
matter. There is nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced an additional handout that was
distributed to the Council pertaining to item E-2.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular Meeting of April 19, 2005
Special Meeting of May 3, 2005
PRESENTATIONS Blue Star Video was aired.
PROCLAMATIONS Mayor Sanderson presented Environmental Management Director
Steve Samaniego a proclamation proclaiming the week of
November 15`h as America Recycles Week.
Mayor Sanderson presented Patricia Bommarito, of Citrus Valley
Home Health and the Citrus Valley Hospice, a proclamation
proclaiming the month of November as National Hospice and
Home Health Care Month.
ORAL COMMUNICATIONS The City Attorney gave a briefing on the parameters regarding oral
communications in reference to political campaigning.
• Lloyd Johnson Lloyd Johnson, West Covina resident, commented on a recent
piece of campaign literature received and agreements with Mr.
Ziad Alhassen.
Councilmember Herfert responded to comments made by the
speaker in regards to agreements with Mr. Alhassen.
Councilmembers engaged in discussion with the City Manager
regarding the specifics of the recent agreement with Mr. Alhassen
Council minutes of November 1, 2005
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specifically the debt owed the City and assistance to be provided to
him.
Roland Albert Roland Albert, West Covina resident, spoke about the parameters
regarding oral communications in reference to political
campaigning and commented on the political literature that was
mailed out by Councilmember Herfert.
Councilmember Herfert responded to the speakers comments.
John Scheuplein John Scheuplein, West Covina resident, invited all watching to
attend the candidates' forum and spoke about the agreement
between the City and Al Hassan.
Royal Brown Royal Brown, West Covina resident, inquired as to the project on
Workman Avenue and rumored redesign of the project.
J. DeRoux J. DeRoux, West Covina resident, addressed the proposed
expansion of the East Valley Health Center and lack of
consideration of the public opinions.
Tyra Mason Tyra Mason, representing the Chamber of Commerce, promoted
the West Covina Farmers Market.
Mayor Sanderson reported she received a letter from the MDA
thanking the City of West Covina for their donation to the MDA
Labor Day telethon.
UPDATES/REPORTS FROM CONSULTANTS - No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS — No items carried over.
CONSENT CALENDAR
D-1 Commission Summary of Actions (receive & file)
a) Human Resources 08/10/05
b) Planning 10/25/05
c) Senior Citizens 10/13/05
D-2 Claims Against the City of West Covina (deny and notify claimant)
Claims against the City a) Alberto Cardenas vs. City of West Covina
b) Joshua M. Kilzi vs. City of West Covina
c) Esther Calderon vs. City of West Covina
D-3 City Treasurer's Report
Treasurer's Report Recommendation is to receive and file the report for the month of
September 2005.
Award of Bid
D-4 Award of Contract for Testing and Remediation of Soil for the
Remediation of Soil West Covina Sportsplex Project
Recommendation is that the City Council take the following
actions:
1. Waive the City formal bidding requirements in accordance
with the West Covina Municipal Code Section 2-333(i)-1.
2. Accept the quote of Innovative Construction Solutions, hic. in
the amount of $265,000 for the soils remediation.
3. Accept the quote of Camp, Dresser and McKee in the amount
of $120,000 for the testing, reporting and oversight.
4. Authorize the Public Works Director/City Engineer and
Community Development Commission Executive Director to
execute a contract with Camp, Dresser and McKee to complete
this project.
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Council minutes of November 1, 2005
Miscellaneous - City Attorney's Office
D-5a Second Amendment to City Manager's Contract
City Manager's Contract Recommendation is that the City Council approve a second
amendment to the City Manager's employment contract as a result
of his fourth year anniversary evaluation.
• Miscellaneous - City Clerk's Office
D-5b Destruction of Documents as Prescribed by Law
Destruction of Documents Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2005-64 RESOLUTION NO. 2005-64- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
Miscellaneous — Community Development Commission
Application for Trails Program, Urban Access of the Habitat
Conservation Fund for the West Covina Regional Sportsplex of the
San Gabriel Valley (Total Grant Request $20,000)
D-5c Recommendation is that the City Council adopt the following
resolution, authorizing staff to apply for the Habitat Conservation
Fund:
Resolution No. 2005-65 RESOLUTION NO.2005-65 - A RESOLUTION OF THE CITY
Trails Program COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE LOCAL AGENCY GRANT PROGRAM -FISCAL YEAR
2005-2006 UNDER THE HABITAT CONSERVATION FUND
PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION
ACT OF 1990 FOR THE WEST COVINA REGIONAL
SPORTSPLEX OF THE SAN GABRIEL VALLEY PROJECT
Application for the California River Parkways Grant Program for the
West Covina Regional Sportsplex of the San Gabriel Valley Project
(Total Grant Request $1.5 Million)
D-5d Recommendation is that the City Council adopt following resolution,
Sportsplex Grant authorizing staff to apply for the California River Parkways Grant
Program:
Resolution No. 2005-67 RESOLUTION NO.2005-67 - A RESOLUTION OF THE CITY
California Rivers Parkway COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM
UNDER THE WATER SECURITY, CLEAN DRINKING
WATER COASTAL AND BEACH PROTECTION ACT OF 2002
(PROPOSITION 50) FOR THE WEST COVINA REGIONAL
SPORTSPLEX OF THE SAN GABRIEL VALLEY PROJECT
Miscellaneous - Finance Department
D-5e Purchase of Two (2) Ford Escape Hybrid Vehicles
Hybrid Vehicles Recommendation is that the City Council approve an award of
purchase for two 2006 Ford Escape hybrid vehicles to Clippinger
• Ford for a total cost of $52,803.84 including sales tax and standard
warranty.
Miscellaneous - Human Resources
Adoption of Proposed Memorandum of Understanding and
Implementing Resolution for the West Covina Firefighters'
Association, I.A.F.F., Local 3226
D-5f Recommendation is that the City Council:
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Council minutes of November 1, 2005
1. Approve the proposed salary and benefits for the West
Covina Firefighter's Association by adopting the following
resolution:
Resolution No. 2005-67 RESOLUTION NO. 2005-67 - A RESOLUTION OF THE CITY
MOU for Firefighters COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
• ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST
COVINA FIREFIGHTER'S ASSOCIATION; AMENDING
RESOLUTION NUMBERS 2004-72 AND 7223 RELATING TO
COMPENSATION AND CLASSIFICATION OF POSITIONS
AS AMENDED, AND FIXING COMPENSATION AND
BENEFITS FOR CLASSES REPRESENTED BY THE
FIREFIGHTER'S ASSOCIATION
2. Appropriate $96,887 to various police accounts
110.31.31XX.XXXX and $170,317 to various fire account
110.32.32XX.XXXX.
D-5g New Position Classification and Salary Ranges
Classification & Salary Ranges Recommendation is that the City Council:
1. Approve the amendments to the existing classifications as
listed in the staff report, and
2. Adopt the following resolution:
Resolution No. 2005-68 RESOLUTION NO. 2005-68 - A RESOLUTION OF THE CITY
Classification & Salary Ranges COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
AMENDING RESOLUTION NO. 223 RELATING TO
CLASSIFICATIONS AND COMPENSATION OF POSITIONS;
APPROVING THE NEW CLASSIFICATIONS AND
COMPENSATION FOR COMMUNITY TELEVISION
PRODUCTION ASSISTANT, TELECOMMUNICATIONS
MANAGER, ASSISTANT CDC DIRECTOR, HUMAN
RESOURCES TECHNICIAN, POLICE SERVICES MANAGER,
STREET SECTION COORDINATOR AND DEPUTY
BUILDING OFFICIAL; AND AMENDING RESOLUTIONS
6639 AND 6482 CONCERNING THE ASSISTANT TO THE
CITY MANAGER CLASSIFICATION/COMPENSATION, AND
ESTABLISHING A NEW CLASSIFICATION AND
COMPENSATION
CONSENT CALENDAR ACTION: Motion by Herfert and seconded by Miller to waive further reading
of the resolutions and adopt, and approve all other items listed on
the Consent Calendar except items D-4, D-5a, D-5c, D-5e, D-5f.
Motion carried 5-0.
D-4 Award of Contract for Testing and Remediation of Soil for the
Remediation of Soil Covina Snortsulex Proiect
Staff report presented by Public Works Director Yauchzee.
John Scheuplein, West Covina resident, shared his concerns with the
soil and stated he felt the City was moving too fast on the project.
• Royal Brown, West Covina resident, shared his concern that the
report does not identify what types of chemicals were found in the
soil and the removal process.
City Manager Pasmant addressed timelines for compliance for the
development of the commercial site and the method of removal of
the contaminated soil.
Public Works Director Yauchzee further elaborated on the
contaminated soil and the grading.
Council minutes of November 1, 2005
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Motion Motion by Herfert and seconded by Miller to move forward with
staffs recommendation.
Councilmember Herfert further reported for the public that
the City has taken the proper precautionary steps to make sure the
site is clean. Herfert added that by moving forward the site will be
turned over to the developer by December 1, 2005 and the
commercial development site should be in operation in about one
year.
Action
Councilmember Hernandez requested that if any issues arise, that
staff advise Council so required action can be taken to ensure
delivery of the site by December 1.
Mayor Pro Tem Wong requested the commercial
development site be called something different than Sportsplex, as
Sportsplex is misleading.
Motion carried 5-0.
D-4a Second Amendment to City Manager's Contract
City Manager's Contract The City Attorney Alvarez-Glasman gave a brief staff report
regarding the terms of the proposed amendment to the contract for
the City Manager.
Joanne Wilmar, a West Covina resident, addressed concerns of the
contract and it's relationship to Councilmembers benefits.
The City Attorney responded that the previous resolution,
which tied the City Manager's benefits to the City Councils, had
been rescinded and would have no impact on City Council
benefits.
Councilmember Herfert requested this item be held over in order
for the contract to include full disclosure of the salary and increase
amounts.
Motion Motion by Wong and seconded by Herfert to hold over to the next
meeting. Motion carried 5-0.
D-5c Application for Trails Program, Urban Access of the Habitat
Application for Trails Program Conservation Fund for the West Covina Regional Sportsplex
of the San Gabriel Valley (Total Grant Request $20,000)
Community Development Director Chris Chung presented the staff
report recommending the approval of the application for grant
fluids.
Royal Brown, a West Covina resident, requested there be
neighborhood meetings as part of this process.
Motion Motion by Herfert and seconded by Wong to waive further reading
and approve the following resolution:
Resolution No. 2005-65 RESOLUTION NO. 2005-65- A RESOLUTION OF THE CITY
Application for Trails Program COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE LOCAL AGENCY GRANT PROGRAM -FISCAL YEAR
2005-2006 UNDER THE HABITAT CONSERVATION FUND
PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION
ACT OF 1990 FOR THE WEST COVINA REGIONAL
SPORTSPLEX OF THE SAN GABRIEL VALLEY PROJECT
Motion carries 5-0.
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Council minutes of November 1, 2005
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D5-e Purchase of Two (2) Ford Escape Hybrid Vehicles
Purchase of Hybrid Vehicles Councilmember Herfert requested a motion on the item in order to
record his vote against the purchase.
Motion Motion by Hernandez and seconded by Miller to approve staff
recommendation to award of bid for purchase for two 2006 Ford
Escape hybrid vehicles to Clippinger Ford for a total cost of
$52,803.84 including sales tax and standard warranty.
Action
Mayor Pro Tem Wong inquired as to options for purchasing
vehicles and City Manager Pasmant responded that recent bids
were used as a basis to compare the purchase price with price Mr.
Alhassen has committed to under contract and it was the lowest.
Councilmember Herfert stated his opposition to purchasing
from one vendor and we should always obtain three bids.
Motion carried 4-1 with Herfert voting no.
Miscellaneous - Human Resources
D-5f Adoption of Proposed Memorandum of Understanding and
MOU for Firefighters Implementing Resolution for the West Covina Firefighters'
Association, I.A.F.F., Local 3226
Interim Human Resources Director Artie Fields presented the staff
report recommending the proposed salary and benefits for the West
Covina Firefighter's Association.
John Scheuplein, West Covina resident, spoke in favor of the
proposed contract.
Motion Motion by Herfert and seconded Miller to waive further reading of
the resolution and adopt.
Resolution No. 2005-67 RESOLUTION NO.2005-67 - A RESOLUTION OF THE CITY
MOU for Firefighters COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST
COVINA FIREFIGHTER'S ASSOCIATION; AMENDING
RESOLUTION NUMBERS 2004-72 AND 7223 RELATING TO
COMPENSATION AND CLASSIFICATION OF POSITIONS
AS AMENDED, AND FIXING COMPENSATION AND
BENEFITS FOR CLASSES REPRESENTED BY THE
FIREFIGHTER'S ASSOCIATION
and to appropriate $96,887 to various police accounts
110.31.31XX.XXXX and $170,317 to various fire account
110.32.32XX.XXXX.
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Recess Mayor Sanderson called for a recess at 8:35 p.m. City Council
reconvened at 8:55 p.m with all members present.
Mayor Sanderson moved Item E-2 forward with the concurrence of
Council.
PUBLIC HEARINGS
E-2 Appeal of Precise Plan No. 05-08
East Valley Appeal of Conditional Use Permit No. 05-09
Appeal of Negative Declaration of Environmental Impact
Applicant/Appellant: Alicia Mardini, East Valley
Community Health Center
(EVCHC)
Council minutes of November 1, 2005
Appellant: Committee Representing Residents
on Bandy Avenue, Ashwood Street
and Walnut Creek Parkway
(Katherine Castucci, Fely
McIntosh, Robert McIntosh,
Jesusa Ledesma, and Reynan
Location: 420 South Glendora Avenue
City Attorney Alvarez-Glasman presented a brief summary of
Council options with the two appeals before Council this evening.
The first appeal filed by the applicant of the project and the second
appeal filed by a residents group adjacent to the project location.
The appeal of the applicant of the project is requesting a
continuance of the hearing to November 15 and the appeal of the
resident group is requesting the hearing be continued to December
20. It is the decision of Council to proceed with the hearing or
grant the continuance of either party.
Motion Motion by Hernandez and seconded by Miller to grant the
continuance of the hearing.
City Attorney advised that prior to any Council action, the Council
allow speakers wishing to address the issue of continuance be
allowed to address Council.
Public Testimonv Mayor Sanderson opened the public hearing to hear public
testimony regarding the continuance only.
Robert Bacon, a representative of the East Valley Health Clinic,
reported that East Valley was requesting a continuance in order to
exam the feasibility of using another building for the use of the
expansion of the East Valley Health Clinic. Mr. Bacon also
requested the hearing not be held beyond November 15 in order to
meet grant requirements.
Mr. Bacon answered question regarding the disposition of
the current property if East Valley moved their center to a different
location.
Katherine Castucci, representing the resident group, stated they are
not opposed to any extension of the hearing but to the project at the
current location.
Mike Tran, West Covina resident, shared concerns with the
temporary facility and need for a resolution.
John Scheuplein, West Covina resident, spoke in favor on an
extension allowing East Valley to look at an alternate location.
An unidentified speaker voiced his opposition to the East Valley
expansion because of parking issues that are not being addressed.
Martha Molina -Aviles, on behalf of East Valley Medical Group,
spoke in favor of the November 15 extension so as to not risk
• losing grant funding.
Public Testimony Closed With no more speakers wishing to address the Council, Mayor
Sanderson closed the public testimony.
Councilmember Herfert voiced his support of the request for an
extension.
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Council minutes of November 1, 2005
Motion Motion by Hernandez and seconded by Miller to extend the
hearing for East Valley Health Center to November 15. Motion
carried 5-0.
E-1 Zone Change No. 05-08
Zone Change Applicant: Mitchell Fuerst for Barry L. Miles
Location: 2922 East Cortez Street
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 Doug
McIaac presented the staff report.
Public Testimony Mayor Sanderson asked for public testimony and hearing none,
proceeded to close the public testimony.
Ordinance Introduction Assistant City Clerk Rush presented:
Approving Zone Change 05-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO.05-08
Motion Motion by Miller and seconded by Herfert to waive further reading
of the ordinance and introduce. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 9:31 p.m.
to convene the Community Development Commission. The City
Council reconvened at 9:32 p.m.
DEPARTMENTAL MATTERS None
CONTINUED ORAL COMMUNICATIONS - None
MAYOR'S REPORTS
I-1 Dedication of a Plaque to Honor Army Captain Lillian Keil
Lillian Keil Mayor Sanderson provided a brief overview of the staff report.
George Ogden, West Covina resident, requested, that if the plaque
is approved, if an image of Captain Keil could be etched into the
plaque. Mr. Ogden suggested the VFW or American Legion could
host a fundraiser for any additional costs for the image.
Mayor Pro Tern Wong proposed asking the public for donations to
purchase the plaque, in order to not use any funds and that if
enough funds could not be raised he would donate the remaining
funds.
Motion Motion by Miller and seconded by Wong to solicit funds to
purchase the plaque with an image of Captain Lillian Keil. Motion
carried 5-0.
COUNCILMEMBERS' REPORTS - None
ADJOURNMENT
A T-TES
Susan Rush
Motion by Hernandez and seconded by Herfert to adjourn the
meeting at 9:37 p.m. Motion carried 5-0.
_----Mayor Shelley Sanderson ;
i
WIN