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12-21-2004 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 21, 2004 0 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Andrew Pasmant PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Sanderson ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers Herfert, Hernandez, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee, Hoppe, Wills, Tedesco, Elliott, Anderson, Bachman, Durbin, Samaniego, Chung, Lee, Cendejas, Villegas; M. Gorman, Semblantes, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council and Community Development Commission commenced the special meeting at 6:04. Prior to recessing into closed session all items scheduled on both agendas were announced for inclusion in the closed session discussion. Regarding items on the City Council agenda: All items on the City Council agenda (Conference with Legal Counsel — Anticipated Litigation, Public Employee Performance Evaluation) were discussed with no final action and nothing further to report. Regarding items on the CDC agenda: Conference with Real Property Negotiators- 298 N. Azusa Avenue, 1900 E. Garvey Avenue South - No action taken, direction was provided to staff to bring back at the next special meeting. 730 S. Orange Avenue, 1700 West Covina Parkway - direction provided to staff by unanimous vote to proceed with owner participation letter which would include receiving proposal for price and terms of development and payment of the site. CHANGES TO THE AGENDA City Manager Pasmant announced that the Certification of Recognition of Police Horse Jett would be held over to the next regular meeting. PRESENTATIONS Blue Star Video was aired. Mayor Miller presented a $1,200 donation to Frank Scalfaro, President of the West Covina Rose Float Foundation to assist with the Rose Parade float. • DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE E=2 Mayor Miller moved forward Item E-2, BKK Update. Special BKK Update Legal Counsel Colin Lennard provided an update on the following subject areas regarding BKK: 1) Notice and Order issued by DTSC against BKK; 2) Integrated Waste Management Board and Council Minutes 12-21-04 • closing of the class III landfill; and 3) the Potentially Responsible Parties meeting on December 17, 2004. City Manager Pasmant stated that the City has received an inventory of BKK documents that are at the West Covina Library and this information will be incorporated on the website. Councilmember Herfert added that all records are also held in the City. Special. Counsel Lennard clarified that some BKK documents that are between BKK and the State are not available as the City is not privy to them. Royall Brown, West Covina resident, commented on a recent Supreme Court case and the need for public participation. John Scheuplein, West Covina resident, concurred with the previous speaker and posed questions regarding timeline on extraction wells and liability. Councilmember Hernandez requested that the Council continue to receive updates and that the Council have advanced notice of any DTSC or Integrated Waste Management Board meetings. Motion by Miller and seconded by Hernandez to receive and file the report. Motion carried 5-0. ORAL COMMUNICATIONS John Hughes John Hughes, West Covina resident, congratulated the Rose float Committee for the funds they have raised and spoke on senior issues and the need for assistance funds. John Scheuplein John Scheuplein, West Covina resident, also spoke on senior issues and the need for affordable housing. Tyra Mason Tyra Mason, representing the West Covina Chamber, spoke in support of the West Covina Farmers Market: ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS B_1 Mayor's Report Liaison Meeting Highlights City Council Liaison Meetings Highlights Mayor Miller provided a brief update of the recent meetings he attended. Motion by Herfert and seconded by Hernandez to receive and file the report. Motion carried 5-0. B=2 Mayor's Report Sister City Update Sister Citv Kurobane, Japan Update A short powerpoint presentation was aired of the recent visit to Sister City Kurobane, Japan attended by Mayor Miller, City Manager Pasmant, and Administrative Analyst Chris Freeland. Motion by Miller and seconded by Herfert to receive and file. Motion carried 5-0. B=3 Councilmember Hernandez City Council Ratification of Department Head and/or Other Staff Appointments Councilmember Hernandez requested this item be pulled because it is not applicable to West Covina given the municipal code specifically addresses the issue of department head and other staff appointments. 2 Council Minutes 12-21-04 Herb Redholtz, West Covina resident stated his opinion that he is against City Council ratification of staff and supported the City Managers ability to appoint staff. John Scheuplein, West Covina resident, concured with the previous speaker and publicly wanted to voice his support of the • City Manager and also requested the City Council to act as a team. Motion by Miller and seconded by Wong to receive and file the report. Motion carried 5-0. B-4 Councilmember Hernandez CIP Consultant Services Engineering Consultant Services for Public Works Capital Improvement Projects (CIP) Councilmember Hernandez stated his reasons for requesting this item to be agendized. Motion by Hernandez and seconded by Sanderson to direct staff to prepare an RFP [later clarified as an RFQ] for a single engineering firm that will undertake Capital Improvement Projects (CIP) as necessary. Public Works Director Yauchzee responded to questions of Council regarding the current process of utilizing consultants and stated that engineering consultants are used primarily for specialized work on as needed basis. Mayor Miller supported receiving requests for qualifications increasing the available engineer firms to choose from. Discussion continued clarifying the intent of the motion, a Request for Proposal (RFP) or Request for Qualifications (RFQ). Councilmember Hernandez clarified his intent as an RFQ, to have a sole contact for the work. Council further discussed the need of specialized services that might be required that a single firm may not have and whether the firm would need to subcontract. Councilmember Wong requested a report on what other cities have done and the cost implications. Mayor Miller request vote on motion. Motion carried 5-0. B-5 Councilmember Hernandez Goal Setting Workshop City Council Goal Setting Workshop Council discussed options regarding the scheduling of a Goal Setting Workshop. Motion by Herfert and seconded by Hernandez to direct the City Manager's Office staff to contact each Councilmember and coordinate a date for a Goal Setting Workshop. Motion carried 5-0. B-6 Human Resources CDC Restructure Restructuring of Community Development Commission (Department) Motion by Herfert and seconded by Sanderson to hold this item over to January 4, 2005. Motion carried 5-0. CONSENT CALENDAR C-1 Commission Summary of Actions (receive & file) • a) Human Resources 11/10/04 C-2 Ordinance for Adoption (waive reading & adopt) Ordinance No. 2126 Zone Change No. 04-05 Recommendation to adopt the following ordinance: Zone Change 04-05 ORDINANCE NO. 2126 — AN ORDINANCE OF THE CITY Citrus/Workman COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-05 (Citrus/Workman) c Council Minutes 12-21-04 • • C-3 Final Map Resolution No. 2004-100 C-4 Approval of Final Map Parcel Map No. 26899 2000 Green Ridge Terrace Subdivider: City of West Covina Recommendation to adopt the following resolution: RESOLUTION NO. 2004-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP 26899 LOCATED AT 2000 GREEN RIDGE TERRACE AND DIRECTING THE RECORDATION THEREOF (City of West Covina) Traffic Committee Minutes — Special Meeting of December 9, 2004 (accept and approve) Recommendation is to accept and approve the Traffic Committee Minutes of the special meeting of December 9, 2004. Miscellaneous — Finance Department C-5 Procurement of Administrative Four -Door Sedan Procurement of Four -door Sedan Recommendation is to proceed with the lease of a new, 2005 Cadillac STS at a cost not to exceed $26,017.00 over the 36-month period with payment not to exceed $675.00/month. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the ordinance and resolution and adopt, and approve all items on the consent calendar. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: None HEARINGS PUBLIC HEARING D-1 ZONE CHANGE NO. 04-04 CATEGORICAL EXEMPTION Applicant: Suzanne Dunn, West Covina Chamber of Commerce Location: 1000 West Covina Parkway (West Covina Parkway Plaza) Mayor Miller announced the public hearing set for a zone change at 1000 West Covina Parkway to add the Outdoor Uses Overlay Zone to allow for a Farmers Market to operate at the site. Deputy City Clerk Rush verified that proper legal notice had been given and Mayor Miller opened the hearing. Planning Director McIsaac presented the staff report. Public Testimony Mayor Miller asked for public testimony in favor of the project and the following addressed Council. In Favor Suzanne Dunn, President of the West Covina Chamber Jerry Dahlberg, Farmer's Market manager Bob Gray, West Covina resident Testimony closed Mayor Miller closed the public testimony portion of the hearing as there were no others wishing to address council. Deputy City Clerk presented: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-04. Motion by Wong and seconded by Sanderson to introduce the ordinance. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: None 4 Council Minutes 12-21-04 Call to order the CDC Mayor Miller called to order the Community Development Commission for the purpose of conducting the following joint public hearing. JOINT PUBLIC HEARING CONTINUED JOINT PUBLIC HEARING OF THE CITY • COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION D-2 ESTABLISHMENT OF COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITIES DISTRICT (PER MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982) AND AUTHORIZING AN ELECTION AND CDC VOTE ON THE LEVY OF SPECIAL TAXES RELATED THERETO Formation of CFD Mayor Miller announce the public hearing on the formation of the proposed Coastal Sage and Scrub Community Facilities District was opened on December 7, 2005 and continued to this date. Deputy City Clerk Rush verified that proper legal notice had been given. Public Works Director Yauchzee presented the staff report and answered questions presented by Council. Lengthy discussion ensued regarding the assessment and when the assessment begins. Staff clarified that the assessment is for the maintenance of the Coastal Scrub and maintenance will not begin until after the restoration of the habitat. Community Development Director Chung addressed the requirement of the U.S. Fish & Wildlife that would ensure the continuous maintenance of the project. Evidence is required either through bonds or an assessment district in order to begin the proj ect. Mayor Miller asked if any written protests, objections or comments regarding the establishment of the Coastal Sage and Scrub Community Facilities District had been received and Deputy City Clerk Rush responded in the negative. Public Testimony Mayor Miller requested comments from the public. Royall Brown, West Covina resident, spoke in support of forming the Community Facilities District. Testimony Closed There being no others wishing to address Council Mayor Miller closed the public testimony. City Council Action Deputy City Clerk presented: Resolution No.2004-101 RESOLUTION NO. 2004-101— A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FORMING THE COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITES DISTRICT AND SETTING AN ELECTION FOR THE LEVY OF SPECIAL TAXES FOR DECEMBER 21, 2004 Motion by Herfert and seconded by Sanderson to waive • further reading of the resolution and adopt. Motion carried 5-0. Community Development Commission Action: Deputy City Clerk presented: Resolution No. 578 RESOLUTION NO. 578 — A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, VOTING IN FAVOR OF THE LEVY OF SPECIAL TAXES BY THE CSS COMMUNITY 5 Council Minutes 12-21-04 0 DEPARTMENTAL MATTERS E-1 FACILITIES DISTRICT AND WAIVING ALL TIME LIMITS AND ELECTIN REQUIREMENTS RELATING THERETO Motion by Wong and seconded by Hernandez to waiver further reading of the resolution and adopt. Motion carried 5-0. PUBLIC WORKS Election on the Levy of Special Taxes by the CSS Community Facilities District and Certification of the Results Thereof Staff report presented by Public Works Director Yauchzee. Yauchzee stated that now that the Community Facilities District has been formed the City can proceed with the election. Deputy City Clerk presented: RESOLUTION NO. 2004-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF THE ELECTION HELD ON DECEMBER 21, 2004 ON THE LEVY OF SPECIAL TAXES BY THE COASTAL SAGE AND SCRUB (CSSS) COMMUNITY FACILITIES DISTRICT. Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 9:10 p.m. to continue the items on the Community Development Commission agenda. The City Council reconvened at 9:17 p.m. DEPARTMENTAL MATTERS E-2 CITY MANAGER'S OFFICE BKK Update This item was brought forward and acted upon at the beginning of the meeting. PLANNING DEPARTMENT Preservation of Historic Resources Preservation of Historic Homes Planning Director McIsaac presented the staff report regarding establishing a program encouraging the protection of historic homes in the City. McIsaac answered questions of Council regarding possible incentives, tax breaks, and disclosures to prospective buyers. Mayor Pro Tern Sanderson inquired how many homes would be effected and would a program be citywide or area specific. McIsaac stated that the program would be citywide and a survey would need to be conducted for the number of homes. Motion Motion by Hernandez and seconded by Sanderson to direct staff to develop a city preservation ordinance consistent with the Mills Act to protect historic homes. Mayor Miller asked for clarification if this motion also included a survey of homes to determine the magnitude of a program. Councilmember Hernandez agreed to include the survey in the motion. Councilmember Wong voiced his concerns of the preservation being mandatory and supports moving forward on a voluntary basis. Councilmember Herfert supports the process with public input. Mayor Miller restated the motion to proceed with development of preservation ordinance with a survey. Motion carried 5-0. 10 Council Minutes 12-21-04 CONTINUED ORAL COMMUNICATIONS Royall Brown, West Covina resident, commented on the municipal code section regarding the City Manager's residency requirements. MAYOR'S REPORTS Placement and Dedication of Bronze Donor Recognition Tree From West Covina Beautiful • H-1 Council reviewed the staff report. Motion by Hernandez and seconded by Sanderson to the recommendation the place the Bronze Donor Recognition Tree on the west wall of the Community Room and that all costs to be paid by West Covina Beautiful. Motion carried 5-0. COUNCILMEMBERS' Councilmember Herfert REPORTS Reconsideration of Ordinance for Adoption — Amendment to West Covina Municipal Code, Section 2044 Relating to Motions for Reconsideration I_1 Councilmember Herfert stated that this item was on the agenda at the last meeting which due to his absence received a 2-2 vote and requested it brought back. Councilmember Herfert asked the City Attorney if the word rescind could be added to the proposed ordinance. City Attorney Alvarez-Glasman stated the word rescind could be added but the ordinance would then need to be introduced this evening with the second reading and adoption at the next meeting. Council discussion followed over the ability to reconsider or rescind an item previously approved or adopted by Council. Motion Motion by Herfert and seconded by Sanderson to add the.word rescind to the proposed ordinance, introduce and bring back for second reading and adoption at the next Council meeting. John Scheuplein, West Covina resident suggests consideration should be taken when a Councilmember is not present at a meeting. Mayor Pro Tem Sanderson initiated discussion regarding Roberts Rules of Order motion to reconsider. The City Attorney responded that Roberts Rules of Order address motions for reconsideration, motions to rescind and motions to amend actions previously adopted. The Council can craft an ordinance to make any exceptions to Roberts Rules of Order. Councilmember Herfert restated his motion to insert rescind into the proposed ordinance in the staff report which would allow reconsideration or the ability to rescind by only a member of the majority during the same session or a recessed or adjourned session and to eliminate the last sentence as previously written. Council discussion continued and Councilmember Herfert called for the question. • Mayor Miller stated that as a courtesy the item should have been held over at the last meeting due to Councilmember Herfert's absence. Mayor Miller called for a vote on the motion. Motion did not carry by a vote of 2-2-1 with Wong and Miller voting no and Hernandez abstaining. VA Council Minutes 12-21-04 ADJOURNMENT Mike Miller adjourned the meeting at 9:58p.m. • ATTEST: Deputy -City Cl rk Susan Rush • 4 �C Mayor Michael L. Miller