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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 E 0 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. -2- 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: -3- 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 0 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. -5- Council minutes of November 1, 2005 • • 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. Illy II .R I9911 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. -7- • • 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