04-18-2006 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 18, 2006
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Mason Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Mayor Pro Tern Touhey
ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey, Councilmembers
Hernandez, Lane, and Sanderson
Others Present: Pasmant, Fields, Alvarez-Glasman, Anderson, Durbin, Elliott,
Fields, Freeland, Hoppe, McIsaac, Morgan, Rush, Samaniego,
Wills, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council and Community Development Commission agendas were
announced for inclusion in the closed session discussion. All
members were present
Items on the City Council Agenda:
Conference with Labor Negotiators — W.C. Police
Officers' Association, W.C. Police Management Association,
Unrepresented Employees: Assistant Fire Chiefs — Item was
discussed with no final action taken and nothing further to report.
Conference with Legal Counsel — Public Employee Release
- One matter was discussed with direction provided to the City
Manager's Office, with nothing further to report at this time.
Item on CDC Agenda:
Conference with Legal Counsel — Anticipated Litigation —
One potential case — Briefing was provided to CDC, no final
action taken and nothing further to report.
CHANGES TO THE AGENDA No changes.
PRESENTATIONS Blue Star Video was aired.
PROCLAMATIONS Mayor Herfert presented Steve Samaniego, Environmental
Management Director, with a proclamation recognizing the Clean -
Up Saturdays program — Apri122 through May 20, 2006.
Mayor Herfert presented Steve Samaniego, Environmental
Management Director, with a proclamation designating April 22,
• 2006 as Earth Day.
Mayor Herfert presented the Armenian Nation Committee
representative with a proclamation proclaiming April 24 as
Armenian Remembrance Day. The City was presented with both
an American flag and an Armenian Republic flag.
Mayor Herfert called forward Libby Evanswright, past president of
the West Covina Rose Float Foundation who presented Frank
Council minutes of April 18, 2006
•
•
Scalfaro, current president, with a City of West Covina's 2006
Rose Float Trophy Picture.
Mayor Herfert, assisted by Ms. Catherine Julian, Director of the
West Covina Dance Team, presented certificates of recognition to
members of the West Covina High School co-ed dance/drill team.
Mayor Herfert announced refreshments in the Community Room
for the achievement of the West Covina High School dance/drill
team.
ORAL COMMUNICATIONS
John Hughes John Hughes, West Covina resident, promoted the upcoming
Muscular Dystrophy Association fundraiser and suggested a
change to oral communication participation.
Tyra Mason Tyra Mason, representative for the West Covina Chamber of
Commerce, promoted the West Covina Farmer's Market and
upcoming Chamber sponsored events.
John Scheuplein John Scheuplein, West Covina resident, complimented the West
Covina Dance Team, commented on Mayor Herfert's comments at
a previous meeting.
Roberto Reyes Roberto Reyes, West Covina resident, addressed Council regarding
traffic enforcement towards minorities.
Lloyd Johnson Lloyd Johnson, West Covina resident, announced American
Cancer Society upcoming "Relay for Life."
Nathan Kirschenbaum Nathan Kirschenbaum, West Covina resident, representing Future
America, announced an upcoming event "Salute to the Armed
Forces" on Saturday, May 20, 2006.
Royall Brown Royall Brown, West Covina resident, asked the Council to adjourn
tonight's meeting in honor of Tom Walsh.
ANNOUNCEMENTS City Manager Pasmant announced the following upcoming events:
• Thursday, April 20 — Medicare Drug Benefit Clinic at the West
Covina Senior Center
• Saturday, May 6 — Cherry Blossom Festival, 12 p.m. — 7 p.m.
at the West Covina Civic Center
• Saturday, May 13 — Fire Department Open House at Fire
Station #2 from 10 a.m. — 3 p.m.
UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
CONSENT CALENDAR Mayor Herfert pulled items D-4a, Award of Bid for Aroma Park
Construction and D-4c, Award of Bid for Safety Netting at
Maverick Field for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
City Council Minutes Special Meeting of February 21, 2006
Regular Meeting of February 21, 2006
Regular Meeting of March 7, 2006
-2-
Council minutes of April 18, 2006
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Community Services 03/14/06
b) Planning 04/11/06
D-3 Claims Against the City of West Covina (deny & notify
claimant)
Claims Against the City • Martha Hernandez vs. City of West Covina
• • Christian Medal vs. City of West Covina
Award of Bid
D-4a Award of Bid for Aroma Park Construction (Project No.
Aroma Park Construction PP-05205B)
Recommendation is that the City Council take the following
actions:
1. Accept the bid of Micon Construction, Inc. in the amount of
$290,938 as submitted at the bid opening on February 14, 2006
and authorize the Public Works Director/City Engineer and
City Clerk to execute the contract.
2. Appropriate $86,800 to Park Dedication Fee "F" (Fund 175) as
a loan from Park Dedication Fee "G" (Fund 176).
3. Direct staff to re -bid the pathway lighting for the park
"optional line item."
4. Defer the construction of the fencing and pathway options to
Fiscal Year 2006-2007 Capital Improvement Program budget
for future funding.
D-4b Award of Bid for Phase I — Construction of Median Landscape
Improvements on Amar Road (Project Nos. SP-06101 and SP-
Landscape Amar Road 04101
Recommendation is that the City Council accept the bid of Mega
Way Enterprises in the amount of $224,000 as submitted at the bid
opening on April 4, 2006, and authorize the Public Works
Director/City Engineer and City Clerk to execute an agreement
with Mega Way Enterprises of Pomona, California, for the work to
be done.
D-4c Award of Bid for Safety Netting at Maverick Field (Project
Safety Netting at Maverick Field No. PP-06205
Recommendation is that the City Council take the following
actions:
1. Accept the bid of Lightning Fence Company in the Amount of
$131,000 as submitted at the bid opening on April 6, 2006, and
authorize the Public Works Director/City Engineer and City
Clerk to execute the contract to install the new outfield and
foul -ball netting at Maverick Field.
2. Appropriate $30,000 from Park Dedication Fund "E" (Fund
174) as a loan from Park Dedication Fund "G" (Fund 176".
D-5 Conference and Meeting Report (receive & file)
Conference/Meeting Reports In accordance with AB 1234, recommendation is that the City
Council receive and file this report.
• Miscellaneous — Fire Department
D-6 Weed Abatement 2006 for Various Vacant Unimproved Properties
2006 Weed Abatement Recommendation is that the City Council set May 2, 2006, as the
date for the hearing of any objections or protests to said program
and approve the Weed Abatement Roll for the Calendar Year
2006, and adopt the following resolution of the 2006 Weed
Abatement Program.
-3-
Council minutes of April 18, 2006
Resolution No. 2006-27 RESOLUTION NO. 2006-27 - A RESOLUTION OF THE CITY
Declaring Weed Abatement COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN ACCORDANCE
• WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2,
CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE
Miscellaneous — Public Works
D-6b Landscape Maintenance District No. 4 — Preliminary Approval of
MD 4 the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2006-28 RESOLUTION NO. 2006-28 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 6, 2006 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2006-2007 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
D-6c Landscape Maintenance District No. 6 — Preliminary Approval of
MD 6 the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2006-29 RESOLUTION NO. 2006-29 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A- PUBLIC HEARING ON JUNE 6, 2006 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6
COMMENCING IN FISCAL YEAR 2006-2007 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to waive further
reading of the resolutions and adopt, and approve all other items
except Items D-4a and D-4c. Motion carried by Roll Call vote:
AYES: Hernandez, Lane Sanderson, Touhey, Herfert
NOES: None
ABSTAIN: None
ABSENT: None
Item D-4a Award of Bid for Aroma Park Construction (Project No. PP-
05205B) — Public Works Director Yauchzee presented a brief staff
report.
• John Scheuplein, West Covina resident, commented that the
proposed construction costs are too high.
Royall Brown, West Covina resident, spoke in opposition to the
high costs of the park construction.
Councilmember Hernandez left the dais at 8:04
-4-
Council minutes of April 18, 2006 _
Alfred Williams, West Covina resident, commented on the
proposed use of Park Dedication Funds.
Councilmember Hernandez returned to the dais at 8:07 p.m.
Joanne Wilner, West Covina resident, stated park is over budget
and addressed use of Park Dedication Funds.
Councilmember Hernandez suggested an amendment to the staff
recommendation that the loan of funds to Park Dedication Fee "F"
from Park Dedication Fee "G" be repaid immediately upon receipt
of park fees from the Pacific Community housing project on Azusa
Avenue and Autumn Drive.
Motion Motion by Touhey and seconded by Lane to accept the staff
recommendation of item D-4a as amended by Councilmember
Hernandez. Motion carried.5-0.
Item D-4c Award of Bid for Safety Netting at Maverick Field (Project No.
PP-06205) — Public Works Director Yauchzee presented a brief
staff report.
Joanne Wilner, West Covina resident, addressed funding loans
between Park Dedication Funds.
Alfred Williams, West Covina resident, also addressed issues of
Park Dedication Fund loans.
Councilmember Hernandez supported funds remain within their
District where density had an increase and appropriate the $30,000
from reserves and not Park Dedication Fees.
Amendment Motion by Hernandez to amend recommendation and appropriate
the additional $30,000 out of reserves, not as a loan from Park
Dedication Fee "G" as recommended by staff. Motion failed due
to lack of second.
Motion by Sanderson and seconded by Lane to approve staff
recommendation #1 and appropriate $30,000 from Park Dedication
Fee "G". Motion carried 4-1 with Hernandez voting no.
PUBLIC HEARINGS
E-1 Appeal of Precise Plan No. 05-05
Appeal of Conditional Use Permit No. 06-07
Appeal of Variance No. 06-07
Categorical Exemption
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 and answered 'questions. The
applicant is appealing the Planning Commission decision denying
• a precise plan for the construction of a storage building,
conditional use permit to operate the building as an unattended
business and a variance for the installation of an electronic
readerboard.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
INE
Council minutes of April 18, 2006
•
In Favor Corey Patick, applicant of the project stated the proposed facility
will be used as a storage facility only and will not be used as a
work site. Mr. Patick further stated his company would donate
33% of the time on the readerboard to the City for promotional
purposes, and the readerboard would also be used for Amber alerts.
In opposition — John Scheuplein, West Covina resident spoke in opposition to any
billboard and supported the decision of the Planning Commission.
Joanne Wilner, West Covina resident, concurred with the previous
speaker, opposing billboards along the freeway.
Lloyd Johnson, West Covina resident, spoke in opposition to the
appeal requesting Council support the Planning Commissions
denial.
Royall Brown, West Covina resident, opposed the readerboard and
urged Council to support the Planning Commission decisions.
Velma Walton, West Covina resident, opposed the project in the
proximity of her home.
Rebuttal Corey Patick, applicant, in rebuttal stated that lights from the
readerboard would not be a problem.due its positioning and felt
that not being a sales tax generator is not a reason for denial.
Testimony Closed With no other speakers wishing to address Council, Mayor Herfert
closed the public testimony portion of the hearing.
Council Discussion Councilmember Sanderson stated she would oppose the project as
it would create traffic, noise and light issues affecting the
surrounding residents and is not compatible with the
neighborhood.
Councilmember Hernandez concurred with Councilmember
Sanderson.
Mayor Pro Tern Touhey supported the appeal commenting on
other readerboards in the city.
Councilmember Lane stated her support of the storage facility but
would not support the readerboard sign.
Mayor Herfert requested to take a separate vote on the resolution
pertaining to the construction and operation of the storage facility
since the applicant stated he would pursue the construction of the
storage facility separately from the approval of the sign.
Assistant City Clerk Rush pieseritedi
Resolution No. 2006-30 RESOLUTION NO.2006-30 — A RESOLUTION OF THE CITY
Approving Precise Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
APPROVING PRECISE PLAN NO. 05-05 ON APPEAL OF
PLANNING COMMISSION ACTION
Assistant City Clerk Rush presented:
Resolution No. 2006-31 RESOLUTION NO. 2006-31 — A RESOLUTION OF THE CITY
Approving CUP No. 06-07 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 06-07 ON
APPEAL OF PLANNING COMMISSION ACTION
Motion by Touhey and seconded by Herfert to waive further
reading of the resolution and approve Precise Plan No. 05-05 and
approve Conditional Use Permit No. 06-07 (approving the storage
Council minutes of April 18, 2006 1 1 . . 7,1
•
facility). Motion carried 3-2 with Hernandez and Sanderson voting
no.
Assistant City Clerk Rush presented:
Resolution No. 2006-32 RESOLUTION NO.2006-32 — A RESOLUTION OF THE CITY
Denying Variance OF WEST COVINA, CALIFORNIA, DENYING VARIANCE
NO. 06-07 ON APPEAL OF PLANNING COMMISSION
ACTION
Motion Motion by Lane and seconded by Hernandez to deny Variance No.
06-07 (denying the sign). Motion carried 3-2 with Touhey and
Herfert voting no.
Recess Mayor Herfert called for a recess at 9:10 p.m. The City council
reconvened at 9:24 p.m. with all members present.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 9:24 p.m. to
convene the Community Development Commission meeting. The
City Council reconvened at 9:54 p.m. with all members present.
CONTINUED ORAL COMMUNICATIONS
Joanne Wilner, West Covina resident, suggested requiring
developers to provide additional recreational areas and to require
restrooms at all storage facilities and other similar types of
developments.
Jefferson DeRoux, West Covina resident, addressed issues
occurring at Cameron Park and the lack of police response.
MAYOR'S/COUNCILMEMBERS REPORTS
I-1 City Co -Sponsorship with Faith Community Church 2006 0'
of July Event
Co-sponsor 4 h of July Event Interim Community Services Director Samaniego presented a brief
staff report outlining the request of Faith Community Church to
co-sponsor their 4`h of July event.
Joanne Wilner, West Covina resident, opposed the waiving of fees
John Scheuplein, West Covina resident, stated his concern that co-
sponsoring will hurt the City's 4`h of July event.
Council engaged in discussion regarding partnering with other
organizations and the services provided.
Councilmember Hernandez requested the Council consider that the
City is already providing a 4`h of July event for the community.
Motion by Sanderson and seconded by Touhey to co-sponsor Faith
Community Church's 4`h of July event and waive fees in the
amount of $6,121.
Motion carried 4 — 1 with Hernandez voting no.
I-2 Downtown Conceptual Plan
Downtown Conceptual Plan Councilmember Hernandez initiated discussion on why he would
like to take the topic "from the "table" for further consideration.
Motion Motion by Sanderson and seconded by Herfert to not remove the
Downtown Conceptual Plan from the table.
Councilmember Hernandez stated he had not finished presenting
his reasons to remove from the table and discussion ensued.
-7-
Council minutes of April 18, 2006
Councilmember Sanderson called for the question.
Motion carried 4-1 to not take from the table the
Downtown Conceptual Plan 4-1 (Hernandez voting no).
I-3 General Plan Update/Specific Plans
Councilmember Hernandez elaborated on the need to prepare for
the future, to update the General Plan, and requested Council's
• support to direct staff to move forward with updating the General
Plan.
Planning Director McIsaac reported that there is currently
approximately %Z of the required funding to update the General
Plan.
Mayor Herfert stated he was not in favor of updating the General
Plan for the entire City but in favor of specific plan for certain key
areas of the City.
Councilmember Sanderson stated that prior council action taken on
January 17, 2006 is to bring back General Plans from other cities
and at a future date hold a study session.
Motion Motion by Sanderson and seconded by Lane to receive and file this
report.
John Scheuplein, West Covina resident, supported moving forward
with updating the General Plan.
Kayum Khan, West Covina resident, supported updating the
General Plan due to the growth of the City's population.
Joann Wilner, West Covina resident, supported updating the the
General Plan and addressed General Plan elements.
Council engaged in discussion regarding the need for updating the
City's General Plan and the prior action taken that there will be a
study session in the future for discussion.
Councilmember Sanderson called for the question.
Action Motion carried 5-0.
COUNCIL REQUEST FOR REPORTS, STUDIES, OR INVESTIGATIONS
Mayor Herfert announced the new procedures that items being put
on the agenda by Councilmembers will require a request to staff
prior to 5:00 p.m. on Tuesday the week prior to a Council meeting.
J-1 Request from Mayor Steve Herfert for a Policy to Name City
Facilities After Individuals
Motion by Herfert and seconded by Lane to bring back a report for
a City policy to name facilities or streets after individuals. Motion
carried 5-0.
• J-2 Request from Mayor Steve Herfert to Modify Conditions for
Use of Ball Field Lights at Cortez Park
Mayor Herfert provided a briefing of the proposed item and
requested that the lights remain on until 10:00 p.m. until this item
can be reviewed.
Motion by Herfert and seconded by Sanderson to bring
back a report reviewing conditions for use of ball field lights at
Cortez Park. Motion carried 5-0.
Council minutes of April 18, 2006
•
r�
u
J-3 Request from Mayor Pro Tern Michael Touhey to Modify
Zoning Code to Allow Second Driveways
Councilmember Touhey requested to hold this over.
COUNCIL COMMENTS Mayor Pro Tern Touhey stated he would support Councilmember
Hernandez in reviewing issues surrounding motels along the
freeway corridor.
Councilmember Sanderson requested information on park space
per capita and where the parks are located; information on the
Auto Plaza reader board and why it is not available to all
dealerships; and requested the Police chief address issues of a
speaker regarding citations issued during traffic stops.
Mayor Herfert requested to agendize courses of action for the
proposed County homeless project.
ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting
at 11:04 p.m. in memory of Tom Walsh. Motion carried 5-0.
Respectfully submitted:
Assistant City Clerk Susan Rush