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02-15-2005 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 15, 2005 40 Mayor Miller called to order the regular meeting of the West Covina City Council at 7:07 p.m. 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 (arrived at 7:10 p.m.), Wong Staff Present: City Manager Pasmant, Deputy City Attorney Nichols, Fields, McIsaac, Yauchzee, Elliott, Bachman, Durbin, Samaniego, Chung, Anderson, Freeland, Wills, Taylor, Dettor, Morgan, Randazzo, Reynosa, Dewus, Rush REPORTING OUT FROM CLOSED SESSION No closed session to report out. APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of October 19, 2004 Regular meeting of January 4, 2005 Regular meeting of October 5, 2004 was not approved. One consent calendar item was not properly identified. PRESENTATIONS Blue Star Video was aired. Mayor Miller presented Geneva Nixon, of West Covina Beautiful a Proclamation designating March 5, 2005 as Arbor Day. Mayor Miller announced the City of West Covina 82"d Birthday Celebration at South Hills Country Club on Thursday, February 17, 2005. MAYOR'S REPORTS Disclosure of City Councilmember Conflict of Interest Re2ardina the BKK Landfill I-3 Mayor Miller brought this item forward. To report that he had no conflict of interest while working as staff or as a Councilmember and would only have a conflict if he had client that were going to or using BKK. ORAL COMMUNICATIONS John Scheuplein, West Covina resident, spoke on issues regarding oral communication and public participation. Sharon Muller, West Covina resident, stated there was not enough notification for the recreational vehicle public hearing. • John Hughes, West Covina resident, addressed the 15`h annual MAD fundraiser. Royal Brown, West Covina resident, spoke on Freedom of Speech and public participation in meetings. Lloyd Johnson, West Covina resident, addressed the planned housing project at 1643 San Bernardino Rd. Council Minutes 02/15/05 Celia Smith, West Covina resident and representing the San Gabriel Mountain Regional Conservatory, stated she is a proponent of horse trials and Galster Park. Tyra Mason, West Covina Chamber of Commerce, invited the • audience to attend the West Covina Farmer's Market. Beezy Hams, West Covina resident, commented on recent phone survey she had received. Joanne Wilner, West Covina resident, commented on the recent rescinding of benefits and Councilmembers stipends. Mayor Miller stated he received an opinion from the City Attorney relative to his conflict of interest regarding BKK and the opinion is available by contacting him. UPDATES/REPORTS FROM CONSULTANTS No report presented. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS C-1 Councilmember Hernandez Engineering Consultant Svcs Engineering Consultant Services for Public Works Capital Improvement Program (CIP) - Update Public Works Director Yauchzee presented the staff report giving an update of the RFP's that are in process on North Azusa Avenue and Holt Avenue. Yauchzee answered questions regarding recent bids received on the projects. Councilmember Hernandez initiated discussion regarding the intent of the Request for Qualification (RFQ) for engineering related Capital Improvement Projects and the RFP's that had subsequently gone out Motion by Hernandez and seconded by Sanderson to put a hold on the RFP's for the Azusa Avenue Improvements and Holt Avenue projects, as they are the type of projects encompassed by the RFQ, until after the RFQ process is complete. Motion carried 3-2 with Wong and Miller voting no. C-2 Finance Department 04/05 Mid -year Budget Update 2004-05 Fiscal Year Mid -Year Budget Update Finance Director Bachman presented the staff report, along with a PowerPoint presentation and answered questions from Council. The report is a continuation from the meeting of February 1. Council concurred to discuss and provide direction on each staff recommendation separately. Finance Director Bachman presented an over view of each recommendation. • Budget Adjustment Authority Recommendation #2 — (Budget Adjustment Authority) Motion by Wong and seconded by Herfert to grant authority to the City Manager to reduce department budgets by an amount equal to 50% of salary savings generated by position vacancies for miscellaneous employees and 15% of salary savings generated from sworn public safety personnel vacancies. Mayor Miller called forward the following who wished to comment on the budget update. 2 Council Minutes 02/15/05 Joanne Wilner, West Covina resident, commented on the make-up of the budget review committee as outlined in the staff report and asked how commissioners would be representing the public. City Manager Pasmant responded stating the public would be invited to the committee meetings and would be able to provide • input to the committee members. Bruce Leinbach, West Covina resident, complimented the City Manager on a job well done but questioned the purchase of a Cadillac as a vehicle. Action Motion on Recommendation #2 — Motion carried 4-1 with Sanderson voting no. Public Safety Unfunded Liability Recommendation #3 — (Fresh Start Amortization) Councilmember Wong stated his concern in putting additional costs into future years in order to realize a benefit in this current budget year. Motion by Herfert and seconded by Sanderson to authorize re -amortizing the unfounded liability of the public safety retirement plan to achieve cash -flow savings of $810,000. Motion carried 3-2 with Miller and Wong voting no. Citizens Budget Committee Recommendation #4 — (Citizens Budget Committee) Correction was made to the staff report which should have stated the suggestion that one commissioner or alternate be appointed. Councilmembers engaged in discussion regarding the composition and the objective of the committee Motion by Miller and seconded by Sanderson to create a budget committee as follows: • five members, one appointed by each Councilmember from City commissions or other public member; • two members from the business community, selected by the City Manager; and • three members representing employee bargaining units, one from police, one from fire, and one representing the miscellaneous groups. Councilmember Wong concerned with the limited citizen input and recommends 10 members from the public. Amendment Councilmember Hernandez offers an amendment to include five additional residents, appointed by 4/5 approval of council. In response to a question from Councilmember Wong, City Manager Pasmant stated members from the business community needed to have a business in West Covina, not live here, and he would choose from businesses who show interest. Action Motion carried 4-1 with Herfert voting no approving the motion as amended. • 1-4 & J-1 Mayor Miller moved forward Item I-4, Mayor's Report — Supplemental Information for Staff Report on 2004-05 Budget Issues, in order to discuss all budget related issues at the same time. Mayor Miller distributed information to Councilmember regarding equipment in the Fire Department. Councilmemeber Herfert requested this item be held over since new information has been presented to them. 3 Council Minutes 02/15/05 C ] Following Council debate, it was Council consensus to hold over Item I-4 and J-4, Councilmember Reports, Councilmember Herfert, 2004-05 Final Budget Issues. Motion by Herfert and seconded by Miller to hold over Items I-4 & J-1. Motion carried 5-0. Recess City Council recessed at 9:45 p.m. and reconvened at 10:05 p.m. with all members present. C-3 Councilmember Herfert Alhassen OutstandinE Obligations Finance Director Bachman presented the staff report, which relates to the various outstanding obligations between the City and Ziad Alhassen. Councilmember Herfert stated that direction was provided in closed session to develop a settlement agreement, which he did not support. Bachman provided an overview of each miscellaneous amount owed to the City/CDC from Mr. Alhassen and responded to various questions from Council regarding history of debt, why it wasn't paid, and additional assistance requested. Joanne Wilner, West Covina resident, commented that Mr. Alhassen has had enough special treatment and the City should be repaid. John Scheuplein, West Covina resident, stated that this issue should not have been discussed tonight after a newspaper article stated this issue would be brought up at a meeting in March. Herb Redholtz, West Covina resident, does not support any additional assistance to Mr. Alhassen while we have outstanding debts. Motion by Miller and seconded by Herfert to receive and file. Motion carried 5-0. CONSENT CALENDAR Commission Summary of Actions (receive & file) D-1 Community Service 12/14/04 Senior Citizens 12/09/04 Planning 02/08/05 Ordinances for Adoption (waive reading & adopt) D-2a Amendment to Municipal Code Regarding Juveniles and Traffic Ordinance No. 2128 ORDINANCE NO. 2128 — AN ORDINANCE OF THE CITY Language regarding juveniles COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 1-37.1, CHAPTER 22-199 OF THE WEST COVINA MUNICIPAL CODE CLARIFYING VERBIAGE THEREIN D-2b Amending Chapter 16 of the West Covina Municipal Code in it Entirety Pertaining to Parks, Recreational Areas and Public Places in the City Ordinance No. 2129 ORDINANCE NO. 2129 — AN ORDINANCE OF THE CITY Chapter 16 — Parks, Public Places 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 12 Council Minutes 02/15/05 Miscellaneous — Public Works D-3a Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of Engineer's Reports Recommendation to adopt the following resolutions: Resolution 2005-5 RESOLUTION NO. 2005-5 — A RESOLUTION OF THE CITY Lighting & Maintenance Dist, COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL YEAR COMMENCING JULY 1, 2005 (WEST COVINA LIGHTING AND MAINTENANCE DISTRICT - 2005-2006) Resolution No. 2005-6 RESOLUTION NO. 2005-6 - A RESOLUTION OF THE CITY MD 4 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 - 2005-2006) Resolution No. 2005-7 RESOLUTION NO. 2005-7- A RESOLUTION OF THE CITY MD 6 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 - 2005-2006) Resolution No. 2005-8 RESOLUTION NO. 2005-8 - A RESOLUTION OF THE CITY MD 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2005-2006 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 - 2005-2006) . D-3b Miscellaneous — Finance Department CAFR Comprehensive Annual Financial Report for the Year Ended June 30, 2004 Recommendation is that the City Council receive and file the City's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2004. 5 Council Minutes 02/15/05 CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Miller to waive further reading of the ordinances/resolutions and adopt, and approve all items listed on the consent calendar. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None • ABSTAIN: Wong abstained on D-3a, Resolution No. 2005-8 only. PUBLIC HEARINGS CODE AMENDMENT NO. 03-03 E-1 PARKING OF ACCESSORY RECREATIONAL VEHICLES, UTILITY TRAILERS, MOTOR HOMES AND RECREATIONAL EQUIPMENT IN SINGLE-FAMILY RESIDENTIAL ZONES Mayor Miller announced the public hearing. Deputy City Clerk verified that proper legal notice had been given and Mayor Miller opened the hearing. Principal Planner Anderson presented the staff report which outlined the components of the proposed code amendment as directed by Council on January 18, 2005. Anderson responded to questions regarding the permit process requirements. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and asked for comments. Sharon Mulhem, West Covina resident, presented her analysis of prior testimony on the issue. Donald Johnston, West Covina resident, spoke in support of the proposed ordinance. Bennis Herd, West Covina resident, spoke in opposition. John Scheuplein, West Covina resident, spoke in support of the Planning Commission's recommendation. Joanne Wilner, West Covina resident, spoke in opposition to the proposed ordinance. Testimony closed There being no others desiring to address Council, Mayor Miller closed the testimony portion of the hearing. Council Discussion Councilmember Wong inquired about the legal opinion which states that we cannot ask the applicant to get the approval of their neighbor. Deputy City Attorney Nichols responded that there is case law stating the authority to approve or deny the application cannot be given to neighbors, but must be a decision of the City. Council discussion continued regarding the permit process and the approval of the neighbors. Mayor Miller suggested the definition of camper Mayor Miller stated he would support an administrative use permit • process surveying the property owners within 100 ft. for a second unit, change of definition of a camper shell as a recreational vehicle only when on a truck, and set back in a fashion as to not obstruct the view of neighbors. The Deputy City Clerk announced that four letters/e-mails were received as follows: Two e-mails from Sharon Mulhern who also publicly addressed her issues this evening. on Council Minutes 02/15/05 C7 r: Letter from Michael Marracino in opposition. Letter from Barbara Packer in opposition to RV's being allowed. Motion by Miller and seconded by Wong to introduce the proposed ordinance with the following amendments: • require an administrative use permit process that surveys property owners within 100 ft. for input for additional RV, • definition of camper shell clarified that a camper is considered to be a recreational vehicle only when on a truck; • revise set back requirement to be a minimum of 3 feet with site distance consideration to an adjoining driveway; • requirement of initial RV must be on a cement pad when adjacent to the driveway not blocking the garage access; and approve maintenance standards as proposed in the staff report. Deputy City Clerk presented: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE REGULATION OF ACCESSORY RECREATIONAL VEHICLES, UTILITY TRAILERS, MOTOR HOMES AND RECREATIONAL EQUIPMENT WITHIN THE "SINGLE-FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO. 03-03) Motion by Miller and seconded by Wong to waive further reading of the ordinance and introduce as amended and approve maintenance standards. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Wong, Miller NOES: Sanderson E-2 FY 2005-2010 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN PRIORITY NEEDS Held Over Mayor Miller announced the public hearing. Deputy City Clerk verified that proper legal notice had been given and Mayor Miller opened the hearing. Motion by Wong and seconded by Miller to hold this item over to March 1, 2005. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Herfert recessed the City Council meeting at 11:16 p.m. to convene the Community Development Commission. The City Council reconvened at 11:17 p.m. DEPARTMENTAL MATTERS CITY MANGER'S OFFICE G-1 Participation in the 2006 Tournament of Roses Parade Report was presented by West Covina Rose Float Foundation chairman and president Frank Scalfaro. Motion by Wong and seconded by Sanderson to approve the requests as follows: 1. Payment of $3,700 to the Tournament of Roses from the Charter Settlement Account for the entry into the 2006 Tournament of Roses Parade. 2. Appointment of the rotating Mayor to serve as the liaison to the West Covina Rose Float Foundation. 3. Authorize the City Manager to negotiate the terms of a lease agreement between the City and the West Covina Rose Float Foundation for the use of the Heritage House including the use of the $24,273 from the Charter Settlement Account to 7 Council Minutes 02/15/05 • • complete the necessary improvements to the Heritage House for occupancy. Motion carried 5-0. MAYOR'S REPORTS I-1 Parks Irrigation Improvements Budget Reconsideration Held Over (Proiect No. PP-05204) Item held over to the next council meeting. I-2 City Council Liaison Meetings Highlights Held Over Item held over to the next council meeting. I-3 Disclosure of City Councilmember Conflict of Interest Regarding the BKK Landfill Item brought forward to beginning of meeting. I-4 Supplemental Information for Staff Report on 2004-2005 Budget Issues Held Over Item held over to the next council meeting. COUNCILMEMBERS' REPORTS J-1 Councilmember Herfert 2004-05 Final Budget Issues Held Over Item held over to the next council meeting. ADJOURNMENT Motion by Herfert and seconded Hernandez by to adjourn the meeting at 11:29 p.m. in memory of Ruth Andrews, mother —in- law of former Commissioner John Scheuplein. ATTEST: L6071 Deputy City lerk Susan Rush Mayor Michael L. Miller