05-02-2006 - Regular Meeting - Minutesis
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 2, 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 Reverend Frederick W. Cook
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Councilmember Hernandez
ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey (arrived 7:15 p.m.),
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 discussion in closed session. All
members of the City Council and the Community Development
Commission were present with the exception of Mayor Pro
Tem/Vice Chairman Touhey.
Items on the City Council Agenda:
Conference with Labor Negotiators — Unrepresented
Employee — Assistant Fire Chief - City Council received a briefing
and Council provided direction to the City's negotiator, there was
no final action takenandnothing further to report.
Conference with Real Property Negotiators — Properties
located at 2121 East Shadow Oak and 625 East Merced Avenue —
A briefing was provided to Council on both property locations,
there was no final action taken and nothing further to report.
Item on CDC Agenda:
Conference with Real Property Negotiators — Southeast
Corner of East Garvey Avenue and Citrus Street — A briefing was
provided from the Agency negotiator, there was no final action and
nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant reported that an attachment referenced in
the staff report resolution has been provided to the Council and is
available at the back counter for the public.
PRESENTATIONS Blue Star Video was aired.
Mayor Herfert, assisted by Steve Samaniego, Community Services
Director, presented Lyndel Morgan, Community Service Manager
and Adrian Reynosa, Recreation Supervisor resolutions of
commendation for their service on the California Park and
Recreation Society Board.
Glen Nakatani, President of the East San Gabriel Valley Japanese
Community Center, made a presentation to the City Council on the
upcoming Cherry Blossom Festival and invited the audience to
Council minutes of May 2, 2006
attend the Festival on Saturday, May 6, 2006 in the City Hall Civic
Center Courtyard from Noon to 7:00 p.m.
PROCLAMATIONS Mayor Herfert presented Steve Samaniego, Environmental
Management Director with a proclamation from the City
proclaiming May 15 — 19 as "Bike to Work Week."
• Mayor Herfert, assisted by Steve Samaniego, Environmental
Management Director, presented Christie Brown, President of
West Covina Beautiful with a proclamation from the City
proclaiming May as "West Covina Beautiful Month."
Irene Fleck of West Covina Beautiful, presented certificates
of recognition to following the West Covina Beautiful 2006 Poster
Contest Winners:
First Place - Laura Miller
Second Place -Alexa Vargas
Third Place - Christina Valdez
Mayor Herfert presented Fire Marshall Greg Layton with a
proclamation designating May 13, 2006 as Fire Service
Recognition Day.
Fire Marshall Layton announced the upcoming Fire Service
Day on May 13, 2006 at Fire Station #2.
ANNOUNCEMENTS City Manager Andrew Pasmant announced the following
upcoming community events:
Wednesday, May 3 — Medicare Drug Benefit Clinic at the West
Covina Senior Center from 9:00 a.m. —noon.
Saturday, May 6 — Cherry Blossom Festival at the West Covina
Civic Center from noon to 7:00 p.m.
Saturday, May 6 — Tip a Firefighter at Red Robin Restaurant from
5:00 p.m. — 9:00 p.m. All funds generated will be donated to the
Muscular Dystrophy Association.
Saturday, May 13 — Fire Department Open House at Fire Station
#2 froml0:00 a.m. — 3:00 p.m.
Wednesday, May 17 — Tip a Cop at BJ's Grill and Brewery from
5:00 p.m. — 10:00 p.m. All funds generated will be donated to the
Muscular Dystrophy Association.
Saturday, May 20 — Household Hazardous and E-Waste Roundup
at City Yard from 9:00 a.m. — 3:00 p.m.
The County of Los Angeles is looking for poll workers for the
upcoming June 6, 2006 election. Interested persons may contact
the City Clerk's Office for more information.
ORAL COMMUNICATIONS
isJohn Scheuplein John Scheuplein, West Covina resident will be addressing issues of
the homeless, affordable housing and the need for volunteers at
upcoming meetings.
George Ogden George Ogden, West Covina resident, announced the upcoming
event honoring Capt. Lillian Keil and memorial plaque dedication
on Saturday, May 20, 2006.
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Council minutes of May 2, 2006
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Marilee Marrero Marilee Marrero, West Covina Librarian, announced upcoming
Library events.
Anna Lee Farber Anna Lee Farber, West Covina resident, promoted the Lions Club
Fundraiser "Night on the Town" at the West Covina Lakes.
Michael Miller Michael Miller, West Covina resident, addressed an earlier closed
session item relating to Shadow Oak Park.
Carolina Chacon Carolina Chacon, West Covina resident and Vice President of the
Chamber of Commerce, thanked the Council and staff for their
many joint partnerships.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed graffiti that has
not been removed.
Joanne Wilner Joanne Wilner, West Covina resident, addressed a closed session
item held earlier this evening regarding Shadow Oak Park and
parking issues for bicyclists.
Don Carman Don Carman, West Covina resident, commended Athens Services
during West Covina Clean -Up week.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed issues
surrounding the sale of park land and procedures that should be
taken.
Alfred Williams Alfred Williams, West Covina resident, addressed open space in
the City and issues surrounding the undeveloped portion of
Shadow Oak Park.
City Attorney Arnold Alvarez-Glasman addressed speakers'
concerns regarding the earlier closed session item regarding
Shadow Oak Park stating that under the Brown Act the City
Council has the right to take into closed session any offers to
purchase that have been received. Any effort to proceed would
require an open public hearing and all requirements of the
Government code would need to be met.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Site Ouarterly Report
BKK Landfill Update Special Counsel Colin Lennard presented the staff report providing
an update of issues at the BKK Landfill site and of the Interim
Agreement and Consent Decree with State agencies. Mr. Lennard
answered questions from Council.
John Scheuplein, West Covina resident, addressed groundwater
remediation, complimented the City Manager's dedication to the
project, and felt there is not enough information available to the
public.
Royall Brown, West Covina resident, commented that the update is
now quarterly, not monthly as it had been, addressed groundwater
contamination corrective action and requested more effort in
disbursing information to the public.
Mayor Herfert stated it might be possible to set up tours of the site.
Bike to Work Week Councilmember Hernandez commented on Bike to Work Week
and requested to agendize for Council concurrence a report as to
whether there are any restricted funds or AQMD monies available
for bike safety equipment.
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Council minutes of May 2, 2006
Motion
Motion by Herfert and seconded by Hernandez to receive and file
the BKK Landfill report. Motion carried 5-0.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
• No reports for this meeting.
CONSENT CALENDAR City Manager Pasmant requested Item D-5d be pulled for separate
discussion and Councilmember Hernandez requested Item D-5a be
pulled for separate discussion.
D-1 City Council Meeting Minutes (receive & file)
City Council Minutes Regular Meeting of March 21, 2006
Regular Meeting April 4, 2006
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Human Resources 03/08/06
b) Senior Citizens 04/13/06
D-3 Claims Against the City of West Covina (deny & notify
claimant)
Claims Against the City • Paul A. Alvarez vs. City of West Covina
• Christina Maria Matta vs. City of West Covina
• Anthony Champion vs. City of West Covina
D-4 City Treasurer's Report (receive and file)
Treasurer's Report Recommendation is that the City Council receive and file this
report.
D-5a Miscellaneous — Community Services Department
2006 Street Fair at the Lakes Proposed 2006 Street Fair at the Lakes Entertainment Center
Recommendation is that the City Council:
1. Authorize staff to execute a contract for $15,000 or less with
the West Covina Chamber of Commerce to operate the 2006
Street Market Fair at the Lakes Entertainment Center.
2. Relocate the Street Fair to the center of the lakes Development.
D-5b Miscellaneous — Environmental Management Department
Recycling Grant for FY 2006-7 Authorization to Apply for the California Beverage Container
Recycling and Litter Reduction Grant for Fiscal Year 2006-2007
Recommendation is that the City Council authorize the submittal
of an application to the California Department of Conservation's
Division of Recycling for a California Beverage Container
Recycling and Litter Reduction Grant for the fiscal year 2006-
2007.
D-5c Miscellaneous — Finance Department
2005/06 3'a Qtr Budget Update 2005-2006 Fiscal Year 3`d Quarter Budget Update
Recommendation is that the City Council receive and file this
report.
• D-5d Surplus Equipment
Surplus Equipment Recommendation is that the City Council take the following
action:
1. Authorize the sale by public auction of the surplus vehicles in
accordance with Section 2-316 of the West Covina Municipal
Code;
2. Gift the West Covina Chamber of Commerce with a surplus
copier.
Council minutes of May 2, 2006
D-5e Miscellaneous — Public Works Department
Lighting & Mtc District Citywide Lighting and Maintenance District Preliminary Approval
of the Engineer's Report
Recommendation is that the City Council receive and file this
report.
• CONSENT CALENDAR ACTION
Motion by Sanderson and seconded by Touhey to waive further
reading of the resolution and adopt and approve all items except
Item D-5d and D-5a. Motion carried by roll call vote:
AYES: Hernandez, Lane, Sanderson, Touhey, Herfert
NOES: None
ABSTAIN: None
ABSENT: None
Item D-5a Proposed 2006 Street Fair at the Lakes Entertainment Center-
Councilmember Hernandez requested more information regarding
the $15,000 request from the Chamber.
Interim Community Service Director Samaniego stated the
request was for initial outlay costs not yet defined.
Motion by Hernandez and seconded by Sanderson to amend the
staff recommendation to include specific accounting of
expenditures utilized by the $15,000.
Motion carried 5-0
Item D-5d Surplus Equipment - City Manager Pasmant stated the City has
received a letter from the City of New Orleans requesting
monetary donations from Cities throughout the nation for new
equipment and suggested the Council consider a 30-day notice to
FEMA, New Orleans, or cities in the area of New Orleans of their
interest of any of the surplus vehicles.
Motion by Touhey and seconded by Sanderson to amend the staff
recommendation to notify FEMA and cities in the New Orleans
area if they have a need for any of the vehicles listed as surplus and
if there is no response within 30 days to proceed with the sale by
public auction.
Motion carried 5-0
PUBLIC HEARINGS
E-1 Protest Hearing
Weed Abatement Citywide Weed Abatement 2006
Mayor Herfert announced the public hearing matter and Assistant
City Clerk Rush verified the Affidavit of Mailing and that proper
legal notice had been given.
Motion by Hernandez and seconded by Lane to receive and
file the Affidavit of Mailing. Motion carried 5-0.
Mayor Herfert proceeded to open the hearing. Fire Chief Elliott
presented the staff report. Assistant City Clerk Rush confirmed
that no written protests or objections against performing the
• proposed work had been received.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for the public's comments or objections.
Closed Testimony With no one wishing to address Council, Mayor Herfert closed the
public testimony portion of the hearing.
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Council minutes of May 2, 2006
E-2 Public Hearing
Public Works Specs 2006 Edition Adoption of the Standard Specifications for Public Works
Construction 2006 Edition
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. Public Works
• Director Shannon Yauchzee presented the staff report.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
Closed Testimonv With no one wishing to address Council, Mayor Herfert closed the
public testimony portion of the hearing.
Motion Motion by Sanderson and seconded by Lane to waiver further
reading of the ordinance, read by title only and adopt. Motion
carried by 5 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 8:28 p.m. to
convene the Community Development Commission. The City
Council reconvened at 8:29 p.m. with all members present.
DEPARTMENTAL MATTERS
G-1 Options for the Cortez Park Knoll Improvements (Project No.
PP-06206A)
Public Works Director Yauchzee presented the staff report
detailing the various options and alternatives for this project.
Royall Brown, West Covina resident, addressed grant funding and
utilizing reclaimed water for the irrigation.
Mayor Herfert supported the staff alternative to install turf and
irrigation, which will allow use of the knoll area.
Motion Motion by Sanderson and seconded by Herfert to utilize a
maximum of $130,000 for turf and irrigation and $30,000 for
security lighting for a maximum of $160,00 out of the $180, 000
authorized for the design. Motion carried 5-0.
CONTINUED ORAL COMMUNICATIONS
None.
MAYOR'S /COUNCILMEMBERS' REPORTS
I -I Policy for Naming City Facilities After Individuals
Interim Community Services Director Steve Samaniego presented
a brief summary of the report, which included a list of criteria
developed in other cities for naming facilities and he recommended
that the Council could possibly choose from this list of criteria for
developing a policy.
• Motion Motion by Herfert and seconded by Sanderson to adopt the City of
Long Beach criteria for the development of a policy.
Herb Redholtz, West Covina resident, supported developing a
policy and also suggested they include that a super majority vote of
Council be required to name a facility after an individual.
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Council minutes of May 2, 2006
Action Motion carried 5-0 to adopt the criteria of the City of Long Beach,
as follows:
• Recognition of individuals or families who have donated
land or funds for capital projects;
• Recognition in honor of persons who have served the
• nation, state or city in an exceptional or distinguished
manner where the contribution is of major significance.
• Recognition in honor of deceased persons shall generally
not take place until one year after their deaths.
J-1 Request from Mayor Pro Tern Touhey to Modify Zoning Code
to Allow Second Driveways
Mayor Pro Tem Touhey presented his request to agendize a zone
code modification as it relates to permitting a second driveway in
order to store a recreational vehicle in an enclosed side or rear
yard.
Joanne Wilner, West Covina resident, commented on the proposed
code amendment request.
Motion by Touhey and seconded by Sanderson to agendize for
Council consideration a resolution to initiate a code amendment
pertaining to second driveways for Planning Commission review.
J-2 Request from Mayor Steve Herfert Requesting the City to
Consider Options in Response to the County of Los Angeles'
Proposal to Have a Homeless Shelter in West Covina
Mayor Herfert presented his request to direct staff to prepare a
report providing options in response to the County of Los Angeles'
proposal to have a homeless shelter in West Covina.
John Scheuplein, West Covina resident, addressed Council on the
need for homeless facilities and resources.
Motion by Sanderson and seconded by Lane to direct staff to
prepare a report regarding options in response to the County of Los
Angeles' proposal to have a homeless shelter in West Covina.
J-3 Request from Mayor Steve Herfert to Survey Other Cities on
Procedures for Accepting Public Testimony
Mayor Herfert presented his request to look at a new procedure
regarding public testimony as previously suggested by a resident
and encouraged the Council to look at options.
Motion by Sanderson and seconded by Lane to direct staff to
survey other cities and to evaluate their procedures.
John Scheuplein, West Covina resident, supported the public be
allowed to address Council on all subjects as they come before
Council.
Motion carried 4-1 with Hernandez voting no.
• Councilmember Comments Councilmember Hernandez requested to agendize an action item to
consider the abandonment of the current move to sell the park and
direct staff to bring back the option of developing the park.
Discussion ensued regarding procedures to place an item on the
agenda per the Council Standing Rules. Councilmember
Hernandez stated there are ample reports available in order for an
action to be placed on the agenda.
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Council minutes of May 2, 2006
Following further discussion regarding the Council Standing Rules
and Council direction given in closed session to commence good
faith negotiations with the Rowland Unified School District,
Mayor Herfert stated that Councilmember Hernandez's request for
an action item to be placed on the agenda was in violation of the
• Standing Rules and would not allow it on the agenda.
ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn in memory
of Virgil Farnsworth at 9:05 p.m. Motion carried 5-0.
Submitted by
ssistant City lerk Susan Rush
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Mayor Stev He rt