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02-01-2005 - Regular Meeting - MinutesC, • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 1,2005 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:14 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Andrew Pasmant PLEDGE OF ALLEGIANCE Led by Councilmember Wong ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers: Herfert, Hernandez, Wong Others Present: City Manager Pasmant, City Attorney Alvarez-Glasman, Fields, McIsaac, Yauchzee, Hoppe, Elliott, Bachman, Durbin, Samaniego, Chung, Anderson, Freeland, Johnson, Dettor, Morgan Randazzo, Reynosa, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council commenced the special meeting at 6:05. Prior to recessing into closed session the three items posted on the agenda were announced for inclusion in the closed session discussion. Conference with Real Property Negotiators, 2121 E. Shadow Oak, - Council unanimously approved the terms of lease with Cingular Wireless and directed staff to present documents for final approval. Motion carried 3-0 with Herfert and Hernandez absent. Conference with Labor Negotiators — direction was provided to the City's negotiator, no final action taken, nothing further to report. Conference with legal counsel — Anticipated Litigation — Special counsel provided briefing, no final action taken, nothing further to report. CHANGES TO THE AGENDA No changes. APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of November 23, 2004 Special meeting of December 13, 2004 Councilmember Herfert requested clarification on an item under reporting out from closed session on the regular meeting minutes of October 5, 2004. October 5, 2004 not approved. Due to technical difficulties airing the Blue Star Video, Mayor Miller, with the consensus of Council, moved forward item B-1, Update/Reports from Consultants. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Update Special Counsel Colin Lennard presented update of BKK issues focusing on two areas, 1) compliance with the DTSC order and 2) status of operations at the BKK landfill. Council Minutes 02/01/05 • • PRESENTATIONS Sanderson left the dais at 7:50 p.m. ORAL COMMUNICATIONS John Scheuplein Royall Brown, West Covina resident, commented on issues with the DTSC. Motion by Sanderson and seconded by Herfert to receive and file the report. Motion carried 5-0. Blue Star Video was aired. Video tribute of fallen Police horses Jett and Harley was aired. Mayor Miller assisted by Police Chief Wills presented certificates of recognition to Lt. Dave Barras and Officer Mike Harden of the West Covina Mounted Enforcement Team. John Scheuplein, West Covina resident, addressed his recent removal from the Senior Citizens Commission. Councilmember Herfert stated his reasons for his making a change on the Commission. Councilmember Hernandez requested the Mayor to hold Oral Communication speakers to the three -minute limit. Ed Casanova Ed Casanova, West Covina resident urged the Council to support recent movement generated from the White House regarding support to military families. Marilee Marrero Marilee Marrero, West Covina Librarian, informed the Council of upcoming highlights at the West Covina Library. Joanne Wilner Joanne Wilner, West Covina resident, addressed several issues including Park Dedication Funds, the need of street repairs, and commission appointments. Bruce Leinbach Bruce Leinbach, West Covina resident, made comments regarding the Council benefits, which were rescinded. Tyra Mason Tyra Mason, West Covina Chamber of Commerce, promoted the West Covina Certified Farmers Market. Mayor Miller announced the City's 82"s birthday celebration which will be held on February 17 at South Hills Country Club. More information can be obtained from the City Manager's Office. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Councilmember Hernandez Engineering Consultant Services for Public Works Capital Improvement Proeram (CIP) C-1 Councilmember Hernandez requested a status on a RFQ (request for qualifications) of Engineering Consultant Services that was requested by Council at a prior meeting.. Public Works Director responded stating that a RFP is attached to the staff report and will go out within the next week and results will be brought back to the Council. Motion by Miller and seconded by Herfert to receive and file the report. Motion carried 4-0 with Sanderson absent. 2 Council Minutes 02/01/05 C-2 Councilmember Hernandez Update on Downtown Master Plan Councilmember Wong stated he will abstain from conversation on this item due to his family owned property in the area of the project and stepped away from the dais. Planning Director McIsaac presented an update on the status of the • Downtown Master Plan project and announced a community meeting regarding the project which will be held on March 16, 2005 at the Cameron Community Center. Motion by Hernandez and seconded by Herfert to receive and file the report. Motion carried 3-0 with Wong abstaining and Sanderson absent. C-3 Councilmember Hernandez Update on Historic Preservation Program Planning Director McIsaac responded to Councilmember Hernandez's request regarding the status of the Historic Preservation Program and the community involvement. McIsaac stated a joint workshop meeting between the City Council and Planning Commission has been scheduled for March 29, 2005. Councilmember Wong requested survey results of the amount of homes possibly encompassed by the program for the March meeting. Councilmember Herfert requested that interested persons be mailed a notice regarding the joint meeting. Motion by Hernandez and seconded by Herfert to receive and file the report. Motion carved 4-0 with Sanderson absent. Sanderson returned to the dais at 8:25 p.m. C-4 Councilmember Hernandez Update on Quail Ridge Shopping Center Renovation Planning Director McIsaac presented an update on the proposed renovation of the Quail Ridge Shopping Center. Motion by Hernandez and seconded by Herfert to receive and file the report. Motion carved 5-0. Councilmember Hernandez requested that item J-1, Councilmember's Reports — Country Club Center Site, be brought forward for discussion as it was an item carried over from a previous meeting. Councilmember Herfert requested that G-1, Proposed Orangewood Park Soccer Field Expansion, also be brought forward due to the number of interested persons in the audience. COUNCILMEMBERS' REPORTS Councilmember Hernandez Country Club Center Site J-1 Abby Semblantes, on behalf of Community Development, presented a brief report which stated that McIntyre-Reenders, LLC, • in agreement with the CDC Board, is allowed 1-year to design a development plan for the Country Club Center providing that that they provide an update every 120 days. Councilmember Herfert made comment that previous developers had wanted to tear down the center and build something new and the intent of the current developer is to keep the existing tenants while improving the center. 3 Council Minutes 02/01/05 C, • Motion by Hernandez and seconded by Herfert to receive and file the report. Motion carried 5-0. DEPARTMENTAL MATTER COMMUNITY SERVICES G-1 Proposed Orangewood Park Soccer Fields Expansion Community Services Director Samaniego presented the staff report. The staff report addressed the findings of a sub -committee created to access the demand for the need of additional soccer fields in West Covina. Councilmember Wong requested clarification of recommendation #2 which recommended the construction of soccer fields. Samaniego confirmed there currently is no funding for construction of soccer fields and the recommendation should reflect applying for grant funding once the project is approved. Samaniego responded to additional comments from Council. Richard Sifuentes, representing Orangewood Pony/Colt Baseball, opposed to the soccer fields and displacing baseball organizations. Joanne Wilner, West Covina resident, commented on the relocation of baseball teams. Art Ballin, president of West Covina Youth Soccer, spoke in support of the expansion of soccer fields at Orangewood Park. Chris Huskey, West Covina resident, requested Council to support the expansion of soccer fields. Motion by Hernandez and seconded by Wong to approve staff recommendation to: 1) Initiate an amendment to the Orangewood Park Master Plan for approval of soccer fields; 2) Prepare a Request for Proposal (RFP) to include a conceptual plan, construction design drawings and specifications for soccer fields; and 3) Develop funding plan for construction of soccer fields and relocate baseball teams to alternate facilities. Motion carried 5-0. Recess Mayor Miller called for a recess at 9:05 p.m. City Council meeting reconvened at 9:15 p.m. with all Council members present. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) Human Resources 12/08/04 Planning 01/11/05 & 01/25/05 Award of Bid D-2 Five -Year Extension of the Median Landscape Maintenance Contract (Project No. CWM-99-11) Median/Landscape Maintenance Recommendation is that the City Council waive the formal bidding CWM-99-11 process per WCMC section 2.333(i)(2) and extend the existing contract with Mariposa Horticultural Enterprises, Inc. for an additional five years at no increase in the contract amount and authorize the Public Works Direct/City Engineer and city Clerk to execute the contract. D-3 Traffic Committee Minutes (accept & file) Minutes from the regular meeting of January 18, 2005 D-4 City Treasurer's Report (receive & file) Report for December 2004 El Council Minutes 02/01/05 • D-5a Miscellaneous — Public Works CIP/Building Activity Capital Improvement Program and Building Activity Report for Fourth Quarter Ending December 31, 2004 West Covina Recommended to receive and file. D-5b Miscellaneous — City Manager's Office Federal Funding for Projects Solicitation of Federal Funding for City Projects Recommendation is that staff submit the projects mentioned in the staff report to Congresswoman Hilda Solis for possible funding consideration. D5c Miscellaneous — Police Department Seat Belt Grant 2005 O.T.S. Seat Belt Grant Recommendation is for the City Council to accept the 2005 California Seat Belt compliance Campaign (CSBCC) grant from the State Office of Traffic Safety (OTS) and appropriate the $22,059 into 207.31.3110.5113. D-5d Amendment to Municipal Code Regarding Juveniles and Traffic Ordinance introduction Recommendation is to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 1-37.1, CHAPTER 22-199 OF THE MUNICIPAL CODE, CLARIFYING VERBIAGE THEREIN D-2 Councilmember Hernandez removed D-2 for separate discussion. Five -Year Extension of the Median Landscape Maintenance Contract (Project No. CWM-99-11) - Councilmember Hernandez suggested a 2-3 year extension instead of a 5 year extension in order to maintain quality performance. Yauchzee stated there are performance standards within the contract and the City still has the ability to terminate within the five years. CONSENT CALENDAR ACTION Motion by Wong and seconded by Herfert to adopt all items listed on the Consent Calendar except item D-2, Five-year Extension of the Median Landscape Maintenance Contract (Project No. CWM- 99-11). Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSTAIN: None Motion by Wong and seconded by Hernandez to approve the staff recommendation for item D-2, Five -Year Extension of the Median Landscape Maintenance Contract. Motion carried 4-1 with Hernandez voting no. COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting at 9:24 p.m. to convene the Community Development Commission. The City Council reconvened at 9:35 p.m. DEPARTMENTAL MATTERS COMMUNITY SERVICES G-1 Proposed Orangewood park Soccer Field Expansion This item moved forward and discussed earlier in the evening. 5 Council Minutes 02/01/05 G-2 Articles of Incorporation and Bylaws for the West Covina Community Services Foundation, Incorporated, a Non -Profit 501 (c)(3) Foundation Community Services Director Samaniego presented the staff report outlining the Articles of Incorporation and Bylaws, which are required in proceeding with the establishment of a non-profit • foundation and answered questions from Council. Joanne Wilner, West Covina resident, commented on the date of the annual meeting as it coincides with Council reorganization and suggested the meeting date be changed to November. City Attomey stated that even though the City Council will reorganize in November, the West Covina Municipal Code currently requires the Council to also reorganize every March. Motion by Hernandez and seconded by Wong to 1. Approve the Articles of Incorporation, West Covina Community Services 501 (c)(3) Foundation, Incorporated, 2. Approve the Bylaws for the West Covina Community Services 501(c)(3) Foundation, Incorporated and 3. Directed staff to proceed with the tax exemption filings once the foundation is incorporated. Motion carried 5-0. G-3 Introduction of an Ordinance Amending Chapter 16 of the West Covina Municipal Code in its Entirety and Consideration of a Resolution Establishing Hours of Operation for all City Parks and Recreational Facilities Olga Gonzalez from Community Services presented the staff report, which addressed a review of the City's park system, addressing deficiencies in park signage, specifically hours of operation and enforcement authority. Councilmember Wong shared his concern with the opening of the parks at 5:00 a.m. and stated he would support a motion to change the opening time for all parks to 6:00 a.m. Council discussion ensued regarding the confiscation " and impoundment of property relative to violations committed at the parks. Police Chief Wills addressed questions regarding the purpose of impounding items and the fees. Joanne Wilner, West Covina resident, made several comments regarding the provisions of the proposed ordinance. Royall Brown, West Covina resident, suggested separate provisions/rules for Galster Park. Police Chief Wills responded to questions regarding the confiscation of skateboards and other property and the authority of the police department regarding violations in the parks. • Motion by Herfert and seconded by Sanderson to introduce the ordinance with the current impound fees and maintaining the current hours of operation. Motion by Wong and seconded by Miller to amend hours of operation to begin at 6:00 a.m. instead of 5:00 a.m. Motion failed 2-3 with Herfert, Hernandez and Sanderson voting no. 31 Council Minutes 02/01/05 Motion by Wong and seconded by Miller to amend the ordinance by removing the monetary amounts associated with the impound/confiscation fee and rewards and set amounts by resolution. Motion to amend carried 5-0. Ordinance introduction Deputy City Clerk presented: • Park Regulations AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, AMENDING CHAPTER 16 OF THE WEST COVINA MUNICIPAL CODE IN ITS ENTIRETY PERTAINING TO PARKS, RECREATIONAL AREAS AND PUBLIC PLACES IN THE CITY Motion by Herfert and seconded by Sanderson to waive further reading of the ordinance and introduce as amended. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None Deputy City Clerk presented Resolution 2005-4 RESOLUTION NO. 2005-4 — A RESOLUTION OF THE CITY Park Hours COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING PARK HOURS FOR CITY PARKS AND PUBLIC PLACES Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt and appropriate $3,900 from Account No. 114.81.8321.7700 for the manufacture, replacement and removal of outdated signage at all City parks. Motion carried 5-0 regarding the appropriations and 4-1 regarding the resolution setting park hours with Wong voting no. FIRE DEPARTMENT G-4 Request for City Council to Approve Special Hiring Considerations for Displaced Firef liter/Paramedics Special Hiring Considerations Fire Chief Elliott presented the staff report which requests utilizing a state-wide hiring list for the consideration of hiring displaced Firefighter/Paramedics. Motion by Hernandez and seconded by Herfert to approve the request as recommended by staff. Motion carried 5-0. FINANCE DEPARTMENT G-5 2004-05 Fiscal Year Mid -Year Budget Update 2004/05 FY Mid -Year Update Finance Director Bachman presented staff report, which provided an update of the 2004/05 budget. Overhead slides were provided outlining measures taken to reduce the current year budget gap and projections for succession years. Bachman responded to questions from Council. Following lengthy Council discussion, Councilmember Herfert made a motion to hold this item over to the next meeting along with the rest of the items on the agenda. Motion was seconded by Wong. Councilmember Herfert requested the sale of surplus property and repayment of line of credit advances to CDC also be factored into the projections. Councilmember Wong requested a history of the unfunded liability of the public safety retirement plan • to be included. Councilmember Herfert also requested that item C-1 be brought back tonight in order to reconsider his vote He stated he wanted to put the Requests for Proposals (RFP's) for the engineering Capital Improvement Projects (CIP), the North Azusa Avenue improvement project and Holt Avenue widening project, on hold until after the Engineering RFQ process. 7 Council Minutes 02/01/05 Motion by Herfert and second by Hernandez to reconsider item C-1. Council engaged in discussion regarding item C-1 and whether or not the projects in question were on the agenda for discussion and the intent of the Request for Qualifications (RFQ) process. Councilmember Herfert retracted his motion and requested the subject of holding the RFP's be agendized for the next meeting. Councilmember Wong suggested the RFP's that are out come back for consideration in order to expedite the projects. At the request of Councilmember Hernandez, the City Attorney opined that the item before Council, (C-1), is an RFQ for Engineering Consultant Services for all Public Works CIP projects. Even though staff has commenced the process of an RFP for the two projects, City Council may give direction to have the RFQ process encompass the two projects, therefore, discussion on the projects is appropriate. Motion by Herfert and seconded by Hernandez to: 1. Carry over the 2004/05 Mid -Year Budget Update; 2. Carry over Councilmember Report regarding Alhassen Outstanding Obligations; and 3. Agendize for the next meeting the Engineering Consultant Services for Public Works CIP Projects. Motion carried 5-0. COUNCILMEMBERS' REPORTS J-1 Councilmember Hernandez Country Club Center Site This item was brought forward and discussed earlier in the evening. J-2 Councilmember Herfert Alhassen Outstanding Obligations Hold Over Held over to next meeting. ADJOURNMENT Motion by Wong and seconded by Sanderson to adjourn at 11:20 p.m. in memory of Eugene Jacob, an 11 year veteran of S.H.O.P. ATTEST: Deputy City CAerk Susan Rush 0 Mayor Michael L. Miller