03-07-2006 - Regular Meeting - Minutest
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 7, 2006
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:15 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Absent:
Pastor Jim Wem
Bethany Baptist Church
Mayor Pro Tern Herfert
Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Lane, Touhey
Councilmember Hernandez
Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Wills, Elliott,
Yauchzee, McIsaac, Hoppe, Durbin, Samaniego, Chung,
Whithom, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The special meeting of the CDC commenced at 5:45 p.m.
with all members present with the exception of Commissioner
Hernandez. Prior to convening into closed session, all items on the
Community Development Commission agenda were announced for
inclusion in the closed session discussion.
Conference with Real Property Negotiators: 730 South
Orange — The record should reflect that Commissioner Touhey
rescued himself from participation because of prior contractual
relationships. This matter was not discussed this evening, no final
action taken and nothing further to report.
Conference with Real Property Negotiators: Parcels 1, 2,
3, 4, 5, 6 and 7 of Parcel map 60193 — The CDC unanimously
voted [4-0, Hernandez absent] to provide direction to the Executive
Director to execute a third amendment to the existing disposition
development agreement to modify the terms of sale on this
agreement.
CHANGES TO THE AGENDA None
APPROVAL OF MINUTES The following minutes were approved as presented:
Special Meeting of November 1, 2005
Regular Meeting of November 1, 2005
Special Meeting of November 15, 2005
Regular Meeting of November 15, 2005
PRESENTATIONS Blue Star Video was aired.
Mayor Sanderson, assisted by Police Chief Wills, presented Bill
Clark with a certificate of recognition for over 15,000 volunteer
hours with the West Covina SHOP program, Seniors Helping Our
Police.
Mayor Sanderson, assisted by Assistant City Manager Artie Fields,
presented resolutions of commendation to the following
commissioners recognizing their service:
• Sherri Lane, Planning Commissioner
• Corey Warshaw, Planning Commissioner
Council minutes of March 7, 2006
• Stuart York, Planning Commissioner
• Bill Roe, Planning commissioner was unable to attend.
PROCLAMATIONS Mayor Sanderson presented Tony Wei, Volunteer Leader for the
San Gabriel Valley/Pomona Valley Red Cross, a proclamation
proclaiming March as American Red Cross Month.
ANNOUNCEMENTS City Manager Pasmant announced upcoming City events:
Public Safety Luncheon — 3/16/06
Used Oil and Recycling Event — 3/18/06
First Annual Community and Senior Expo — 3/25/06
Egg Celebration at the West Covina Civic Center — 4/8/06
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Council for
efforts to help clean up a house in an unincorporated area.
Royall Brown Royall Brown, West Covina resident, commented on advertising
signs that have been illegally posted and political signs that are
posted outside the time frame of the City ordinance.
John Scheuplein John Scheuplein, West Covina resident, expressed concerns about
police staffing levels, the length of time, which constitutes a
conflict of interest and asked Mayor Pro Tem Herfert about
pervious comments made regarding political literature.
City Manager Pasmant replied the City is currently in the
recruitment process for police officers.
City Attorney Alvarez-Glasman stated a conflict period
generally is a twelve-month period.
Mayor Pro Tem Herfert addressed the speaker's concerns
regarding monetary donations to the political action committee.
Tyra Mason Tyra Mason, representing the West Covina Chamber of Commerce
and the Lions Club, complimented staff on the recent Business
Recognition Dinner, promoted the West Covina Farmers Market
and announced upcoming Chamber sponsored events.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 City Attorney's Office
Rooming House Consideration of Rooming House Ordinance to Address
Residential Group Homes
City Attorney Alvarez-Glasman presented a brief staff report. The
proposed resolution would refer the matter to the Planning
Commission to review the proposed amendments to the zoning
code. The proposed amendments would provide for the regulation
of renting individual rooms within a dwelling.
Councilmember Touhey requested to include in the proposed
ordinance that rooming houses be subject to gross receipt tax such
as apartment complexes due to the higher level service that is often
required.
Shirley Buchanan, West Covina resident, supported the initiation
of the proposed amendments and the opportunity for residents to
express their concerns at the Planning Commission. Ms. Buchanan
also inquired as to the level of homeowners insurance required.
Motion Motion by Herfert and seconded by Touhey to adopt the resolution
referring the matter to the Planning Commission for review and
processing and to include review of a gross receipts tax.
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Council minutes of March 7, 2006
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Councilmember Touhey requested that the Board of Supervisors be
contacted to see if there is an avenue in which the police
department can be contacted if incidents at group homes are
reported to County agencies enabling our police department to be
aware.
Assistant City Clerk Rush presented:
Resolution No. 2006-15 RESOLUTION NO. 2006-15 - A RESOLUTION OF THE CITY
Initiate Code Amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Rooming Houses INITIATING A CODE AMENDMENT TO THE WEST
COVINA ZONING CODE, CHAPTER 26, PERTAINING TO
THE REGULATION OF ROOMINGHOUSES
Motion Motion by Touhey and seconded by Lane to waive further reading
of the resolution and approve as amended. Motion carried 4-0.
C-2 Councilmembers Reports
City Hall Security Review of City Hall Security Issues
Police Chief Wills presented a brief update of measurers that have
been implemented at the Council Chambers and surrounding City
Hall area. Chief Wills also stated all security measurers cannot be
disclosed publicly.
John Scheuplein, West Covina resident, addressed restricting the
upper viewing level of the chambers to employees only during City
Council meetings.
Royal Brown, West Covina resident, addressed issues with
restricting resident viewing in the upper level.
Joanne Wilner, West Covina resident, also addressed the issue of
restricted seating in the upper level.
City Manager Pasmant suggested that a sound speaker be added in
the Community Room enabling residents who wish to leave the
Chamber to have a discussion, to listen to the Council meeting.
Council discussed the need for security measures and it was
Council consensus to accept the measures implemented by the
police department.
Motion Motion by Herfert to receive and file the report.
Councilmember Touhey commented the Council is receptive to the
residents concerns and supported improvements to the quality of
sound.
Amendment to Motion Councilmember Touhey seconded the motion with the addition of
an amendment that staff look into adding speakers to improve the
quality of sound. Herfert accepted the amendment.
Action Motion carried 4-0.
C-3 Councilmember Lane
Defibrillators Automated External Defibrillators in City Facilities
Fire Captain Whithom presented the staff report.
Joanne Wilner, West Covina resident, inquired as to whether a
defibrillator was recommended for City Hall and if not, suggested
one be placed there.
Bernie Wilner, West Covina resident, also suggested a defibrillator
be placed at City Hall.
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Council minutes of March 7, 2006
Councilmember Lane inquired at to whether the defibrillator slated
for the pool could be located at the Senior Center until the Senior
Center defibrillator is purchased. City Manager Pasmant stated
yes.
• Motion Motion by Lane and seconded by Touhey to approve the
recommendation of staff to 1) purchase the defibrillators by
appropriating $6,627 from the General Fund Reserve to Account
110.51.5110.6120 to fund the start-up and first year costs of the
public access defibrillation program, which includes one
defibrillator at the Cameron Community Center and Senior Center,
2) direct staff to initiate the process to meet the HUD requirement
to the purchase of a defibrillator at the Senior Center using CDBG
Rinds, and 3) budget in the upcoming budget process,
defibrillators in all City facilities, using CDBG funds and seek
grant funding. Motion carried 4-0.
C-4 Councilmember Herfert
605/10 Interchange 605/10 Interchange and Interstate 10 HOV Lanes Between the
605 and the 57 Freeways
Assistant to the City Manger Freeland presented the staff report.
Mayor Pro Tern Herfert stated he would like staff to contact other
cities in the San Gabriel Valley to gain support for this resolution
and bring it to the attention of the State Legislature and the
Governor, the need for improvements.
Assistant City Clerk Rush presented the following resolution:
Resolution No. 2006-16 RESOLUTION NO. 2006-16 - A RESOLUTION OF THE CITY
605/10 Interchange OF WEST COVINA COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR
THE COMPLETION OF IMPROVEMENTS TO THE 605/10
INTERCHANGE AND THE EXTENSION OF INTERSTATE 10
HOV LANES BETWEEN THE 605 AND 57 FREEWAYS
Motion Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and approve and to have staff contact
neighboring cities and the state legislature to gain support for the
resolution. Motion carried 4-0.
C-5 Councilmember Touhey
Maintenance District 7 Renewal of Landscape Maintenance District No. 7 — Ordering
of Engineer's Report
Councilmember Touhey gave a report explaining his concern for
two different levels of tax assessments within Maintenance District
7, stating that both unimproved and improved lots should be
assessed equally.
Assistant City Clerk Rush presented:
Resolution No. 2006-17 RESOLUTION NO. 2006-17 - A RESOLUTION OF THE CITY
Maintenance District 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 7 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2006-2007
Motion Motion by Touhey and seconded by Lane to waive further reading
of the resolution and adopt and implement alternative 2 of the staff
M
Council minutes of March 7, 2006
report to change the current rate structure to allow the assessment
rate for undeveloped lots equal to the assessment rate of developed
lots and not to increase the assessment rate for the developed lots
in Fiscal Year 2006-2007. Motion carried 4-0.
CONSENT CALENDAR Councilmember Touhey stated he would abstain from item D-2
because he worked for a company owned by the McIntyre
• Company.
Royall Brown, West Covina resident, speaking on item D-3b,
Galster Park Hiking Trails Construction, expressed his concerns
regarding the bid process, questioning the cost submitted for
cameras and suggested the project be re -bid.
Public Works Director Yauchzee stated the bid included
additional work options and the Council can provide direction to
remove any of the additional options. Mr. Yauchzee stated the
variance of the bids submitted for the security camera is typical of
any bid process.
Following discussion of the options, it was Council
consensus to move forward with the project and to include the
additional work options of the security cameras and fencing but to
remove the additional option of the nature center slab.
John Scheuplein, West Covina resident, spoke on item D-3b,
Galster Park Hiking Trails, and expressed concerns over the
fencing at Galster Park. He also spoke on a non-agendized item.
Mr. Scheuplein also expressed his concern regarding the
Council's decision to deny the Dynamic Investment project.
Joanne Wilner, West Covina resident, speaking on item D-3b,
Galster Park Hiking Trails, addressed issues regarding Galster
hiking trail bids, concerns regarding fencing, the cement slab and
expressed concerns over where the funding for this project was
coming from.
Councilmember Touhey stated that Galster Park is a
Wilderness park that benefits the whole community so funding
from all park districts is eligible for this project.
D-1 Commission Summary of Actions (receive and file)
Summary of Actions a) Community Service 02/14/06
b) Human Resources 01/11/06
c) Planning 02/28/06
d) Senior Citizens 02/09/06
Ordinance for Adoption (waive reading & adopt)
Zone Change No. 05-11 (24-Unit Condominium)
Applicant: Andrew McIntyre, The McIntyre Company
Location: 1838 East Workman Avenue
Ordinance No. 2147 ORDINANCE NO. 2147 - AN ORDINANCE OF THE CITY
Zone Change No. 05-11 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 05-11 FROM "MULTIPLE -
FAMILY RESIDENTIAL" (MF-20) TO "SPECIFIC PLAN NO.
22" (SP-22)
•Award of Bid
D-3a Award of Bid for Heritage Gardens Park Hiking Trails
Heritage Gardens Hiking Trail Construction (Project No. PP-05207B)
Recommendation is that the City Council accept the bid of Green
Giant Landscape in the amount of $567,000 as submitted at the bid
opening on February 14, 2006, for the construction of new
pedestrian recreational facilities at Heritage Gardens Park, and
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Council minutes of March 7, 2006
authorize the Public Works Director/City Engineer and City Clerk
to execute the contract.
D-3b Award of Bid for Galster Park Hiking Trails Construction
Galster Hiking Trail (Project No. PP-04208B)
Recommendation is that the City Council accept the bid of Green
Giant Landscape in the amount of $898,000 as submitted at the bid
• opening on February 14, 2006, for the restoration of hiking trails
and recreational facilities at Galster Park and the recommended
additional work options, and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
D-3c Award of Bid for City's Fireworks Display and Approval of
Fireworks Display Fireworks Displays at West Covina High School and Faith
Community Church
Recommendation is that the City Council:
1. Accept the bid of Fireworks America in the amount of
$46,750 (cumulative) for a three-year period and to authorize
staff to sign necessary agreements for a three-year contract,
commencing July 2006 and expiring July 5, 2008; and
2. Approve fireworks display at West Covina High School to be
held on June 22, 2006; and
3. Approve fireworks display at the City of West Covina
Independence Day Celebration to be held on July 2, 2006; and
4. Approve fireworks display at Faith Community Church to be
held on July 4, 2006.
D-4 Traffic Committee Minutes
Traffic Committee Recommendation is to accept and file the Traffic Committee
minutes of the meeting of February 21, 2006.
D-5 City Treasurer's Report (receive and file)
Treasurer's Report Report for the month of January 2006
Miscellaneous - Planning Department
D-6a Resolution for Adoption
Dynamic Investments General Plan Amendment No. 04-03
Applicant: Dynamic Investments
Location: Southeast Comer of West Covina Parkway and
West Garvey Avenue South (Civic Center)
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2006-18 RESOLUTION NO. 2006-18 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DENYING GENERAL PLAN AMENDMENT NO. 04-03
Miscellaneous — Public Works
D-6b Adoption of the Disadvantaged Business Enterprise
Disadvantaged Business Program Program (Fiscal Year 2005-2006) in Order to Receive Federal
Funds for Street and Signal Improvements Proiects
Recommendation is that the City Council adopt the following
• resolution:
Resolution No. 2006-19 RESOLUTION N0.2006-19 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING AND ADOPTING A DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM (FISCAL YEAR 2005-
2006) AND DIRECTING ITS IMPLEMENTATION
Council minutes of March 7, 2006
D-6c
Transportation Funding
Resolution No. 2006-20
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Miscellaneous — City Manager's Office
Support for Constitutional Amendment to Secure Local
Transportation Funding
Recommendation is that the City Council adopt the following
resolution:
RESOLUTION NO. 2006-20 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS SUPPORT FOR A CONSTITUTIONAL
AMENDMENT CLOSING THE PROPOSITION 42 LOOPHOLE
AND SECURE LOCAL TRANSPORTATION FUNDING
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further
reading of the ordinances and resolutions and adopt, and approve
all other items, modifying item D-3b by removing the additional
option of the nature slab. Motion carried 4-0 on all items except
Item D-2, which carried -by a vote of 3-0-1 with Touhey abstaining.
COMMUNITY DEVELOPMENT
Mayor Sanderson recessed the Council meeting at 9:07 p.m. to
convene the Community Development Commission meeting. The
City Council reconvened at 9:20 p.m. with all members present.
COUNCILMEMBER COMMENTS
Mayor Pro Tern Herfert and Councilmember Touhey expressed
concerns over the discriminatory actions of a legislative official at
the West Covina Business Recognition Dinner.
Mayor Sanderson complemented those who put the event together
and shared Councilmember Touhey and Mayor Pro Tern Herfert's
concerns. She also reminded residents that if they have concerns
they may contact Councilmembers and staff outside of City
Council meetings. She stated that non-agendized items cannot be
addressed outside of Oral Communications.
Councilmember Touhey stated the City has and will continue to
accommodate all citizens who wish to participate in Council
meetings.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 9:26 p.m. Motion carried 4 — 0.
Submitt by
Assistant City derk Susan Rush
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Mayor Shelley Sanderson
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