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03-01-2005 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 1, 2005 • Mayor Miller called to order the regular meeting of the West Covina City Council at 7:04 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Ernie Benavides Faith Community Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Sanderson ROLL CALL Mayor Miller, Mayor Pro Tom Sanderson, Councilmembers: Herfert,Hemandez , Wong Staff Present: City Manager Pasmant, City Attorney Alvarez-Glasman, Fields, McIsaac, Yauchzee, Elliott, Bachman, Durbin, Samaniego, Chung, Freeland, Wills, Dettor, Hoppe, McDonald, Rogriguez, Dewus, 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 5:57 pm. Prior to recessing into closed session all items scheduled on both agendas were announced for inclusion in the closed session discussion. Items on the City Council agenda: Public Employee Performance Evaluation — City Manager: Discussion on this item will conclude following the conclusions of the regular city council meeting. Conference with Real Property Negotiators — 1444 West Garvey Avenue South: Council received briefing and provided direction to extend the terms of the existing Exclusive Negotiating Agreement and for staff to proceed accordingly. Items on the CDC agenda: Conference with Legal Counsel — Anticipated Litigation: Regarding claim filed by Westfield relating to parcel D, no final action taken, nothing further to report. Conference with legal Counsel — Anticipated Litigation: Relating to Hasson Imports and West Covina Motors, Council received briefing. No final action in closed session, this item will be discussed during open session on the CDC agenda. APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of October 5, 2004 PRESENTATIONS Chris Freeland from the City Manger's Office gave an overview of Student Government Day and called forward the students in participation. Students were presented certificates of recognition As at their participation.. Students took seat at their respective places at the dais. Blue Star Video was aired. Council Minutes 03/01/05 • • ORAL COMMUNICATIONS Herb Redholtz, West Covina resident, asked for a timeline for the demolition of the Sizzler at the Quail Ridge Center and status of the West Covina Sportplex Public Relation Plan. Lloyd Johnson, West Covina resident, spoke on behalf of the Rodriguez Family on Kenoak addressing damages to their home by a contractor. John Scheuplein, West Covina resident, read a letter he sent to the editor [local newspaper] regarding Council's formation of the budget committee. Cookie Nance, West Covina resident, commented on Mayor Miller's letter to the editor [local newspaper] and the Council's Standing Rules. Ed Casanova, West Covina resident, addressed the needs of amputees at Camp Pendleton and requested that various City buildings be used as a drop off location for needed gym socks. Tyra Mason, on behalf of the West Covina Farmers Market, encouraged the community to attend the Farmers Market. UPDATES/REPORTS FROM CONSULTANTS No report presented. HEARINGS CONTINUED PUBLIC HEARING FY 2005-2010 Community Development Block Grant Consolidated Plan Priority Needs Mayor Miller announced that this public hearing is continued from the City Council Meeting of February 15, 2005, at which time the hearing was opened and legal public notice was verified. Community Services Director Samaniego presented the staff report, which outlined the priority needs for the 2005-2010 consolidated Plan. Public Testimony Mayor Miller opened the public testimony portion of the hearing. Royall Brown, West Covina resident, stated the importance of the Consolidated Plan and would like to know how the plan can be implemented if funding is cut at the federal level. Ed Casanova, West Covina resident, spoke on issues relative to seniors. John Scheuplein, West Covina resident, concurs with the staff recommendation and encouraged the Council to approve. Public Testimony Closed With no other public comments, Mayor Miller closed the public testimony portion. Council Discussion Mayor Miller agreed that affordable housing is a priority and supported the priority needs. Mayor Miller would like the issue to return to Council if the federal government cuts CDBG funding in order to re -prioritize the funds. Motion Motion by Wong and seconded by Sanderson to accept the staff recommendation to approve the priority needs for the 2005-2010 consolidated plan as detailed in the staff report. FA Council Minutes 03/01/05 Action • Councilmember Herfert commented that the City of West Covina sets aside 20% of redevelopment funding for low to moderate income housing and we are one of the few cities who meet the requirement for low to moderate housing. Motion carried 5-0. Councilmember Wong requested a letter of opposition to the President's budget proposal to eliminate the CDBG funding be agendized for a future meeting. Councilmember Herfert requested to agendize the federal government's plan to increase the death benefit for military personnel and would like Council to take a position. Recess Mayor Miller called a recess that 8:00 in order for the students to exit the dais. The City Council meeting reconvened at 8:15 p.m. with all members present. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS D-1 Park Irrigation Improvements Motion Amendment D-2 Liaison Meeting Highlights • Mayor's Report Parks Irrigation Improvement Budget Reconsideration (Project No. PP-05204) Public Works Director Shannon Yauchzee presented the staff report regarding the use of Park Dedication Funds (PDF) in one district being used in another district. Councilmembers engaged in discussion regarding PDF funds being used only within their district, but proposed a "loan" process using out of district funds to fund the improvements. Joanne Wilner, West Covina resident, shared her views on park funds and their uses. Mayor Pro Tern Sanderson preferred to eliminate the district boundaries and combine all PDF funds as described in alternate #2. Motion by Hernandez and seconded by Wong directing staff to pursue alternative #3 of the staff report with an amendment allowing 15% of a PDF fund to be used "out of district" as a loan with the caveat that when funds are available they will be repaid. Following further discussion of Council, Public Works Director clarified that General Fund monies would still need to be appropriated for alternate #3. Councilmember Wong offered an amendment to also have staff return with an analysis of the final fiscal impact on this contract before applying alternative #3 to future projects. Motion carried 3-2 with Herfert and Sanderson voting no. Mayor's Report Mayor Miller presented from meetings he had attended. Motion by Wong and seconded by Hernandez to receive and file. Motion carried 5-0. 3 Council Minutes 03/01/05 D-3 Budget Issues • Mayor's Report Supplemental Information for Staff Report on 2004-2005 Budget Issues Mayor Miller presented a list of proposed budget adjustments for FY 05/06. Mayor Miller addressed each separate issue and requested that discussion and action be taken this evening on three of the items. Mayor Pro Tem Sanderson requested an opinion from the City Attorney regarding two items in Mayor Miller's report that previously been tabled indefinitely. [Rescinding the Community Development stipends and termination of the Big League Dreams project]. Mayor Miller stated that he recalled the action on the reconsideration of CDC benefits being receive & file, not tabled. City Attorney Alvarez-Glasman read the action from the 11/16/04 minutes regarding the Reconsideration of CDC Stipends, motion by Herfert and seconded by Hernandez to table (hold over indefinitely) the item. Motion carried 3-2. City Attorney opined that in order for an item to come back to the floor for discussion, there must be a motion to remove/take the item the table to be considered by the legislative body. Miller stated the prior action that was tabled was a reconsideration and he his requesting a rescission. City Attorney further stated that the interpretation of motions and actions taken concerning those motions rests with the chair. Mayor Miller requested the rescission of the CDC stipend and termination of the Big League Project be agendized for action by the City Council on April 19, 2005. Councilmember Herfert shared his views on the Mayor's other proposals and suggested they be incorporated in the budget process and no action be taken this evening. Mayor Pro Tem Sanderson further requested a ruling in writing, with supporting documents, from the City Attorney regarding procedures on the items that had been tabled. Cookie Nance, West Covina resident, questioned the fire equipment information presented in the staff report and supported retention of the truck tiller. Joanne Wilner, West Covina resident, reinforced the need for code enforcement officers and supported a volunteer program. Mayor Miller commented, for the record, that the toxics at BKK that are of current concern were deposited during a period of time prior to his coming to the city and the implied connection with him is incorrect, and commented that his retirement is not a rich retirement and the action by council increasing the CDC stipend is a taxable event. Miller requested a written opinion from the City Attorney whether or not he can refuse the stipend. Motion by Herfert and seconded by Sanderson to receive & file the report. Motion carried 3-1-1 with Miller voting no and Wong abstaining. M Council Minutes 03/01/05 D-4 Councilmember Herfert 2004-05 Final Budget Issues Councilmember Herfert discussed the issue of balancing the budget and his prior suggestion of selling the surplus property next to Shadow Oak Park. • Motion Motion by Herfert and seconded by Sanderson to moved forward with sale of property at Shadow Oak Park, potentially to the Redevelopment Agency for a housing project. John Scheuplein, West Covina resident, opposed the sale of the property at Shadow Oak and suggested an RFQ process for the development. Joanne Wilner, West Covina resident, does not support the sale of and parkland. Council engaged in lengthy discussion for uses of the land and concurred the land should include both housing and park space. Suggestion offered by Miller to hold a community meeting for public input and then return to Council. Amendment Amendment to motion offered by Hernandez to initiate an RFP for a hybrid development to include both housing and a park component. Herfert, as the maker of the motion accepted the amendment and requested to also include community involvement. Action Motion carried 4-1 with Miller voting no. Councilmember Herfert requested that area across from Aroma Drive and Galster Park, which was to be developed into a park by the developer, be brought back before Council. CONSENT CALENDAR Commission Summary of Actions (receive & file) E-1 Human Resources 01/12/05 Ordinances for Adoption (waive reading & adopt) E-2 Parking of Recreational Vehicles and Utility Trailers Ordinance No. 2130 ORDINANCE NO. 2130 — AN ORDINANCE OF THE CITY RV's and Utility Trailers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO UTILITY TRAILERS, MOTOR HOMES AND RECREATIONAL EQUIPMENT AND TRAILERS WITHIN THE "SINGLE- FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO. 03-03) Award of Bid E-3 Building Division Award of Contract for the Heritage Park Hiking • Trails Park Design (Project No. PP-05207A) Heritage Park Trails Recommended to accept the proposal of Purkiss Rose-RSI in the amount of $86,332 as submitted at the bid opening on February 14, 2005, for the preparation of design plans and construction documents for pedestrian recreational facilities at Heritage Gardens Park, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. E Council Minutes 03/01/05 E • Traffic Committee Minutes (accept & file) E-4 Minutes of the regular meeting of February 15, 2005. City Treasurer's Report (receive & file) E-5 Report for January 2005 Miscellaneous — Public Works E-6aa Annexation 2004-03 — Withdrawal from the Consolidated Sewer Maintenance District of the County of Los Angeles — Abell-Helou Recommendation to adopt the following resolutions: Resolution 2005-9 RESOLUTION NO. 2005-9 — A RESOLUTION OF THE CITY Withdrawal from Consolidated COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Sewer MD REQUESTING WITHDRAWAL OF THE TERRITORY KNOWN AS THE CITY OF WEST COVINA ANNEXATION NO. 2004-03 WITHIN THE CITY OF WEST COVINA FROM THE CONSOLIDATED SEWER MAINTENANCE DISTRICT OF THE COUNTY OF LOS ANGELES Miscellaneous — Police Department E-6b 2005 BJA Justice Assistance Grant 2005 BJA Grant Recommendation to approve the 2005 BJA Justice Assistance Grant authorizing appropriations as follows: • $26,455 into 208.31.3110.7160 for unfounded public safety equipment needs, including weapons components, forensic items, and field enforcement equipment, and • $15,000 into 208.31.3110.5112 for part-time positions working backgrounds, professional standards, forensics, etc., and authorize the future appropriation of interest earned under this grant, to be spent on the same approved activities. Miscellaneous — Community Services E-6c Resolution Establishing Impound Fees for the Confiscation of Personal Property at Skate Parks Resolution No. 2005-10 Recommendation is at adopt the following resolution: Impound Fees RESOLUTION NO. 2005-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING IMPOUND FEES PURSUANT TO SUBSECTION (e) OF SECTION 16-53 OF THE WEST COVINA MUNICIPAL CODE FOR THE RELEASE OF PERSONAL PROPERTY CONFISCATED PURSUANT TO SECTION 16-53 CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading of the ordinance/resolutions and adopt and approve all items listed on the consent calendar except for E-2, E-3 and E-6c. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller E-2 Ordinance for Adoption — Parking of Recreational Vehicles and Utility Trailers John Scheuplein, West Covina resident, presented his views on the proposed ordinance. Joanne Wilner, West Covina resident, commented on the 5 ft. set back and asked if one could obtain a variance. Planning Director McIsaac responded to questions presented by the two speakers. Deputy City Clerk presented: Ordinance No. 2130 ORDINANCE NO.2130 — AN ORDINANCE OF THE CITY RV's and Utility Trailers COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST G9 Council Minutes 03/01/05 COVINA MUNICIPAL CODE RELATED TO UTILITY TRAILERS, MOTOR HOMES AND RECREATIONAL EQUIPMENT AND TRAILERS WITHIN THE "SINGLE- FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO. 03-03) . Motion by Hernandez and seconded by Wong to waive further reading of the ordinance and adopt. Motion carried 3-2 with Herfert and Sanderson voting no. E-3 Award of Bid — Building Division Award of Contract for the Heritage Park Hiking Trails Public Works Director Yauchzee provided brief overview of staff report. Joanne Wilner, West Covina resident, voiced her opposition to using park dedication monies from Area G for Heritage Park. Motion by Herfert and seconded by Wong to approve the recommendation of staff. Motion carried 4-1 with Sanderson voting no. Councilmember Herfert left dais at 10:11 p.m. E-6c Resolution Establishing Impound Fees for the Confiscation of Personal Property at Skate Parks Councilmember Wong commented on the established impound fee. Motion by Wong and seconded by Hernandez to approve the staff recommendation. Motion carried 4-0 with Herfert absent. Councilmember Herfert returned to the dais at COMMUNITY DEVELOPMENT COMMISSION Mayor Herfert recessed the City Council meeting at 10:14 p.m. to convene the Community Development Commission. The City Council reconvened at 11:45 p.m. MAYOR'S REPORTS I-1 City Council Liaison Meetings Highlights Motion by Sanderson and seconded by Herfert to receive & file the report. Motion carried 5-0. Mayor Miller announced that the of the Special City Council closed session meeting will be continued at later date. ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the Special City Council meeting and the regular City Council meeting at 11:45 p.m. in memory of Lollie Bergman, a 51 year resident, and Don Hoskin, brother of Councilmember Wong's brother-in- law. Mayor Michael L. Miller ATTE : Deputy City Clerlt Susan Rush 7