04-04-2006 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 4, 2006
• Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey, Councilmembers
Hernandez (arrived at 7:09 pm), Lane, Sanderson
Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Wills, Elliott,
Yauchzee, McIsaac, Hoppe, Durbin, Samaniego, Chung, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the
Community Development Commission agenda were announced for
inclusion in the closed session discussion. All members were
present except Commissioner Lane.
Conference with Real Property Negotiators: 501 South
Vincent Avenue — Briefing was provided, no final action was taken
and there was nothing further to report..
Conference with Legal Counsel — Anticipated Litigation —
One case — Briefing was provided to CDC with direction was
given, no final action taken and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant removed Item D-6d, Proposed 2006 Street
Fair at the Lakes Entertainment Center, from the agenda and will
reschedule for a later date.
Due to Rowland Unified School District not receiving a Public
Hearing notice regarding Item'E-4, Mayor Herfert pulled the item
forward for Council's consideration of a continuance.
E-4 Public Hearing
General Plan Amendment No. 05-06
Zone Change No. 05-10
Applicant: .Rowland Unified School District
Location: 401 South Nogales Street, Nogales High School
Motion by Sanderson and seconded by Hernandez to grant
Rowland Unified. School District's request to continue the Public
Hearing. Motion carried 5-0.
Public Hearing was continued to a Special Meeting of the
City Council on Tuesday, April 11, 2006.
• PRESENTATIONS Blue Star Video was aired.
PROCLAMATIONS Mayor Herfert presented Marilee Marrero, West Covina Librarian
and Julie Sorensen, Children's. Librarian, with a proclamation
recognizing National Library Week April 2 — 8.
Council minutes of April 4, 2006
•
Mayor Herfert presented Fire Captain Jim Rudruff and Cory
Cisneros with a proclamation recognizing April as Earthquake
Preparedness Month.
ANNOUNCEMENTS City Manager Pasmant announced the following upcoming events:
• April 8 — Saturday: Annual Egg Celebration 9:00 a.m. to 2:00
p.m. at the City Hall Civic Center
• April 22 — Saturday: Earth Day Celebration 10:00 a.m. to 1:00
p.m. at the Civic Center
Mayor Steve Herfert presented the following items he hopes to
pursue with the Council during his term as Mayor:
• Developing a format for more productive and orderly meetings
• Website based emergency preparedness information
• Adoption of a policy that allows Council to recognize citizens
for outstanding contributions
• Put western theme back in West Covina
• Promotion of slogan — West Covina - My Town.
ORAL COMMUNICATIONS
Ted Tualla Ted Tualla, West Covina resident, voiced his opposition to the sale
of the undeveloped portion of Shadow Oak Park on behalf of his
neighborhood and said the City should continue with the original
Master Plan for the park.
Lloyd Johnson Lloyd Johnson, West Covina resident, complimented the Police
Department on their professionalism during the recent student
protest and addressed disrespect from the protestors.
Terry Galzote Terry Galzote, West Covina resident, announced the P Annual
Walk and Philippine Independence Day event.
Ferdi Yambot Ferdi Yambot, also addressed the 108`h Philippine Independence
Day celebration and requested the City co -host the event.
Joanne Wilner Joanne Wilner, West Covina resident, addressed the abandonment
and sale of park grounds.
David Cox David Cox, West Covina resident, requested more information
regarding Shadow Oak to become better informed and also
addressed the lack of response to his phone calls from
councilmembers.
Grace Barrios Grace Barrios, West Covina resident, requested that any action on
Shadow Oak Park have a thorough process with Commission and
public input and stated she would like to see this council support
the previous council's decision to move forward with Nogales'
annexation.
John Scheuplein John Scheuplein, West Covina resident, addressed issues of
freedom of speech and constitutional rights.
Herb Redholtz Herb Redholtz, West Covina resident, congratulated the new
Mayor and Mayor Pro Tern and complimented former Mayor
Sanderson on her leadership.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed Shadow Oak
Park and citizens desire to retain park area and develop the
undeveloped area.
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Council minutes of April 4, 2006
Royal] Brown Royall Brown, West Covina resident, requested monthly updates
of the BKK Landfill and addressed disclosure of statements of
economic interest for Mayor Pro Tern Touhey.
George Ogden George Ogden, West Covina resident, congratulated new Mayor
Herfert, requested Council support on two items on the agenda, AB
2923 and Kenneth S. Wrede Memorial Highway, and announced
the upcoming dedication ceremony honoring Lillian Keil.
Alfred Williams Alfred Williams, West Covina resident, presented over 790
signatures in support of preserving the undeveloped portion of
Shadow Oak Park.
Juan Reinoso Juan Reinoso, West Covina resident, provided an update of graffiti
removal response time.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Mayor Herfert
Procedures for Placing an Item on the Agenda for City Council
C-1 Discussion
Placing Items on Agenda Assistant to the City Manager Chris Freeland presented a brief
report.
Joanne Wilner, West Covina resident, requested that Council's
decision will not be limiting or strict.
John Scheuplein, West Covina resident, would not like to see any
Councilmember be restricted from agendizing an item.
Council engaged in discussion regarding the intent of this item.
Mayor Herfert supported having at least Councilmembers
interested in an issue prior to expending time and money on
research for a report.
Councilmember Hernandez felt it was going against the
spirit of elected representation requiring a majority of Council
prior to bringing the concerns of residents before the Council for
consideration and did not support a Council majority to allow an
item on the agenda.
Mayor Pro Tem Touhey referenced the Council Standing Rules
section 4f, which require a majority of Council for requests by
Councilmembers for reports, studies or investigations that are not
readily available.
City Manager Pasmant stated the Council Standing Rules
do not address timeframes for placing items on the agenda and
addressed concerns of staff resources required and completing the
agenda packet process timely with last minute or very late report
requests. City Manager Pasmant requested a timeline of 5:00 p.m.
on Tuesday, the week prior to the meeting for report requests.
Motion Motion by Herfert and seconded by Lane to have agenda requests
to staff by 5:00 p.m. Tuesday of the week prior to Council
• meetings and to adhere to the Council Standing Rules adopted on
February 2000. Motion carried 4 — 1 (Hernandez voting no).
CONSENT CALENDAR Mayor Herfert requested that items D-6a, Amending the Chamber
Lease to Authorize the Subleasing to Greg Benton, Attorney at
Law, and D-6c, Resolution Supporting AB2923, for separate
discussion.
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Council minutes of April 4, 2006
City Council Meeting Minutes (receive & file)
D-1 Special Meeting of January 17, 2006
City Council Minutes Regular Meeting of January 17, 2006
Special Meeting of February 7, 2006
Regular Meeting of February 7, 2006
• D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Senior Citizens 03/09/06
b) Planning 03/28/06
Ordinance for Adoption (waive reading & adopt)
D-3 Annual Mayor's Rotation
Ordinance No. 2148 ORDINANCE NO. 2148 — AN ORDINANCE OF THE CITY
Mayor's Rotation COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING 2-21 RELATING TO THE SELECTION OF THE
MAYOR AND MAYOR PRO TEM
Award of Bid
D-4 Award of Contract for Building Plan Check consultant for
Building Plan Check Consultant Overflow and Expedited Services
Recommendation is that the City Council authorize the Public
Works_ Director/City Engineer and City Clerk to execute an
agreement with AAE, Incorporated for overflow and expedited
plan check services.
D-5 City Treasurer's Report (receive & file)
Treasurer's Report Report for the month of February 2006
Miscellaneous — Community Development Commission
Amending the Chamber Lease to Authorize the Subleasing of
D-6a Approximately 144 Square Feet to Greg Benton, Attorney at Law
Chamber Lease Change Recommendation is that the City Council:
1. Approve amending the Chamber of Commerce Lease to
authorize the Chamber to sublease 144 square feet to Greg
Benton, Attorney at Law, at no cost, and,
2. Authorize the City Manager to prepare and execute all
necessary documents thereto.
Miscellaneous — City Attorney's Office
Proposed Expense and Reimbursement Policy in Compliance
D-6b with the Requirements of Assembly Bill 1234
AB 1234 - Expense & Recommendation is that the City Council review the draft Expense
Reimbursement Policy and Reimbursement Policy, which satisfies the requirements of
AB 1234, and adopt the policy.
Miscellaneous — City Manager's Office
Resolution Supporting AB2923 Reimbursement of Costs from
D-6c Minors that Commit Graffiti and Vandalism
Graffiti Costs Reimbursed Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2006-23 RESOLUTION NO. 2006-23 — A RESOLUTION OF THE CITY
AB2923 Graffiti Costs Reimbursed COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS SUPPORT FOR AB2923 —
REIMBURSEMENT OF COSTS FROM MINORS THAT
COMMIT GRAFFITI AND VANDALISM
Miscellaneous — Community Services Department
D-6d Proposed 2006 Street Fair at the Lakes Entertainment Center
This item was pulled off the agenda to be rescheduled for a later
date.
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Council minutes of April 4, 2006
Miscellaneous — Police Department
D-6e Resolution Supporting Kenneth S. Wrede Memorial Highway
Kenneth S. Wrede Memorial Recommendation is -that the City Council adopt the following
Highway resolution:
Resolution No. 2006-24 RESOLUTION NO. 2006-24 — A RESOLUTION OF THE
• CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SUPPORTING ASSEMBLY CONCURRENT
RESOLUTION 104 DESIGNATING A PORTION OF THE
INTERSTATE 10 FREEWAY THROUGH THE CITY OF WEST
COVINA AS THE "KENNETH S. WREDE MEMORIAL
HIGHWAY"
Hardware and Other Items Related to West Covina Service
D-6f Group (WSCG) CAD/RMS Software Migration
WSCG Equipment and Software Recommendation is that the City Council:
1. Appropriate $575,000 from the WCSG retained earnings (Fund
375) to 375.31.8600.7160 for migration purchases:
2. Authorize the West Covina Service Group to purchase the
hardware, software, and services listed in this report,
incrementally, over the next 18 months;
3. Authorize the West Covina Service Group to modify and revise
specifications of the equipment, software, and services listed in
this report as needed and to purchase different quantities or
alternatives as long as costs are within the funded amount and
meet the business needs.
Miscellaneous — Public Works
D-6g Citywide Street Sweeping — Contract Amendment
Street Sweeping Amendment Recommendation is to authorize staff to approve a contract
revision to Nationwide Environmental Services agreement to
provide a pass -through of fuel and landfill increases for street
sweeping services.
Standard Specifications for Public Works Construction 2006
D-6h Edition — Ordinance Introduction and Setting
Specifications for Public Works Public Hearing Date
Construction Recommendation is that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE 2006
EDITION OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION BY REPLACING AND
ADOPTING SECTION 19-1 OF THE WEST COVINA
MUNICIPAL CODE, and set May 2, 2006 as the date for a public
hearing concerning adoption of the Standard Specifications for
Public Works Construction, 2006 Edition.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey, to waive further
reading of the ordinances and resolutions and adopt/introduce and
approve all other items except Items D-6a, D-6c and D-6d.
Motion carried by Roll Call vote:
AYES: Hernandez, Lane Sanderson, Touhey, Herfert
• NOES: None
Item D-6a Amending the Chamber Lease to Authorize the Subleasing of
Approximately 144 Square Feet to Greg Benton, Attorney at Law
Community Development Director Chung presented a brief staff
report. The Chamber of Commerce had requested authorization to
enter into a Sublease Agreement for the use of office space.
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Council minutes of April 4, 2006
Joanne Wilner, West Covina resident, addressed market value of
space leased and whether it will be of value to the Chamber.
John Scheuplein, West Covina resident, concurred with the
previous speaker and felt the fee agreement with the attorney
should be public information.
• Following discussion on the market value of the office space, a
motion was offered by Hernandez to approve the staff
recommendation. Motion failed due to lack of second.
Gary Lawson, Executive Director of the Chamber of Commerce,
addressed the Council and stated there are three offices not being
utilized in the Chamber and offered unused space to the City for
use.1 The attorney to whom they plan to sublease will be of benefit
to the Chamber staff for legal advise and to Chamber members by
offering 30 minutes of legal advise for business related matters.
n by Hernandez and seconded by Touhey to approve
ling the Chamber of Commerce Lease to authorize the
her to sublease 144 square feet to Greg Benton, Attorney at
at no cost, and, authorize the City Manager to prepare and
to all necessary documents thereto. Motion carried 5-0.
Item D-6c Resolution Supporting AB 2923 Reimbursement of Costs from
Minors that Commit Graffiti and Vandalism
Mayor Pro Tern Touhey asked for a report on cost recovery when
the City goes to court regarding minors who commit such acts of
Scheuplein, West Covina resident, supported the bill.
Redholtz, West Covina resident, also supported the bill.
by Sanderson and seconded by Hernandez to adopt
z no. 2006-23. Motion carried 5-0.
Item D-6d Proposed 2006 Street, Fair at the Lake Entertainment Center
Council concurred to move this item to a future meeting.
PUBLIC HEARINGS Mayor Herfert requested to move Public Hearing Item E-3
Public Hearing
Appeal of Administrative Use Permit No. 06-02
(Maximum Unit Size Exception and Large Expansion)
Applicant: Steve Eide
E-3 Location: 211 Grand Avenue
Mayor Herfert announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Herfert proceeded to open the hearing. Planning Director
McIsaac presented the staff report detailing the proposed project
and answered questions. The Planning Commission had denied the
proposed two-story design of the applicant.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
andlasked for public comments in favor of the appeal.
In Favor of Appeal Yvette and Javier Franco, applicants of the project presented aerial
photos which, depict other two story homes in the area, and stated
they would moved the home forward on the lot to mitigate privacy
concerns of neighbors.
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Council minutes of April 4, 2006
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The following spoke in favor of the appeal.
Valaiie Deen, West Covina resident.
Richard Deen, West.Covina resident.
Gisela Castanon, West Covina resident.
Steve Eide, West Covina resident.
Andres Mota, West Covina resident.
Ruben Morena, West Covina resident.
Opposed to appeal Esther Johnson, West Covina resident.
Jerome & Kathy Thibodeau, West Covina resident.
Joanne Wilner, West Covina resident.
Councilmember Hernandez left the dais at 9:27 p.m.
Rebuttal Yvette Franco offered rebuttal comments in reference to the
placement of windows. Ms. Franco submitted photos showing the
line of site from where the windows would be on the second story
showing there would be no privacy issues.
Closed Testimony
Mayor Herfert closed the public testimony portion of the hearing.
Council Discussion Councilmember Sanderson supported the expansion of homes due
to increase costs and will support the project if the applicant can
mitigate privacy issues with the neighbors by relocating the
windows.
Councilmember Lane stated a two story home is not harmonious in
the area and there are privacy issues. Lane will support the
applicants working with staff and neighbors to mitigate privacy
issues and will support the review of a larger one-story house.
Mayor Pro Tern Touhey suggested the project be returned to the
Planning Commission to develop a compromise between the
applicants and the neighbors.
r
Councilmember Sanderson suggested specifying conditions to
modify windows to mitigate privacy issues, allowing the Planning
director to make the final approval.
Councilmember Lane stated she was opposed to a two-
story project as it is not harmonious in size and scale of the
neighborhood.
Mayor Herfert stated he supported a two story design if it fits in
the community and supported sending the project back to the
Planning Commission.
Motion Motion by Herfert and seconded by Lane to return the proposal to
the Planning staff to modify the project, and meet with the
neighbors' and applicant to mitigate privacy issues and then return
to Council. Motion carried 4 — 0.
Councilmember Hernandez will need to review testimony prior to
participating when this item is brought back.
Public Hearing
FY 2006-2007 Community Development Block Grant (CDBG)
E-1 Program Public Service Project Funding
Mayor Herfert announced the public hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Herfert proceeded to open the hearing and Community
Services Director Samaniego presented the staff report.
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Council minutes of April 4, 2006
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Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
Julie Griffith, Citrus Valley Health Foundation, thanked the
Council for their ongoing support.
Ellen Sherwood, Center for Aging Resources, thanked the Council
for consideration of their project.
Vatche Kelartinian, Center for Aging Resources, thanked the
Council for previous years' funding and consideration of funding
for next year.
Colleen Castellano, East San Gabriel Valley Coalition for the
Homeless, requested consideration of funding.
Testimony closed There being no others desiring to address Council, Mayor Herfert
closed the testimony portion of the hearing.
Motion Motion by Sanderson and seconded by Lane to approve the
following:
1. Allocate $261,750 CDBG funds to the Public Service Projects
in Attachment A of the staff report under staff recommendation
Column S; and
2. Direct staff to allocate any additional CDBG program income
funding received to the Domestic Violence Victim Advocate
Program, not to exceed the program's FY 2005-2006 budget
($28,091); and
3. Direct staff to reduce funding allocations to all programs on a
percentage basis, if the actual amount of program income
received through June 30, 2006 is less than the projected
$501,486; and
4. Fund the Housing Rights Center $15,000 as an administrative
activity.
Motion carried by 4 — 0.
Public Hearing
FY 2006-2007 Community Development Block Grant (CDBG)
E-2 Action Plan
Mayor Herfert announced the public hearing matter. Assistant
City Clerk Rush verified that proper legal notice had been given
and Community Services Director Samaniego presented a brief
staff report.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
Joanne Wilner, West Covina resident, asked for clarification on
park barrier removals, street rehabilitation areas proposed in the
Action Plan and commented that the map of the City was not
readable.
Testimony closed There being no others desiring to address Council, Mayor Herfert
closed the testimony portion of the hearing.
Motion Motion by Sanderson and second by Touhey, to approve the FY
2006-2007 Community Development Block Grant Action Plan.
Motion carried by 4 — 0.
Council minutes of April 4, 2006
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Public Hearing
General Plan Amendment No. 05-06
Zone Change No. 05-10
Applicant: Rowland Unified School District
E-4 Location: 401 South Nogales Street, Nogales High School
This hearing was opened and continued to April 11 at 7:00 p.m. at
the beginning of the meeting.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at _10:10 p.m. to
convene the Community Development Commission meeting. The
City Council reconvened at 10:15 p.m. with all members present
except Councilmember Hernandez.
DEPARTMENTAL MATTERS None.
CONTINUED ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS Congressional Certificates Presented at Business Recognition
I-1 Dinner
Assistant to the City Manager Chris Freeland presented a brief
staff report.
John Scheuplein, stated he saw no need to agendize the items as it
only brought further attention.
Council discussion ensued surrounding the actions that took place
at the recognition dinner for clarity to the public.
Motion Motion by Touhey and seconded by Sanderson to receive and file
this report. Motion carried 4-0.
COUNCILMEMBERS' REPORTS
Mayor Pro Tem Touhey requested an appeal to the OSH Site
property for April 18, 2006 Council meeting.
Councilmember Sanderson addressed comments under Oral
Communications and her inability to attend the Arbor Day Event.
She stated she would like information compiled regarding the
parks on the south side of the City for distribution to the public.
Councilmember Lane commented on the numerous conflicting
events on Arbor Day.
CONFERENCE AND MEETING REPORTS
K-1 Conference and Meeting Report
Not discussed. Carried over to the next regular meeting.
ADJOURNMENT Motion by Sanderson and seconded by Touhey to adjourn the
meeting at 10:35 p.m. Motion carried 4 — 0.
Submitte y:
As 'start City CI rk Susan Rush
Q