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04-05-2005 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 5, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:02 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Chris Pipes Faith Community Church PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong, Councilmembers: Herfert, Hernandez, Miller Others Present: Pasmant, Alvarez-Glasman, Fields, Samaniego, McIsaac, Chung, Lee, Freeland, Yauchzee, Bachman, McDonald, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The Community Development Commission commenced the special meeting at 6:00 p.m. All items were announced for inclusion in the closed session discussion. Regarding the following matters: Conference with Legal Council — Anticipated Litigation — one item relating to Hassen Imports — CDC Board received briefing regarding terms of possible resolution, with a vote of 3-2 (Herfert and Sanderson in opposition) staff was directed to prepare an agreement consistent with terms expressed and to bring back at next regular meeting. Conference with Real Property Negotiators — 700 Pad at northeast quadrant of Amar Rd./Azusa Ave. — Direction provided to staff, item will be brought back for further consideration of an extension of the Exclusive Negotiating Agreement at the next regular CDC meeting. Conference with Real Property Negotiators — 730 S. Orange & 1700 West Covina Parkway — CDC received briefing of terms of potential transaction. Staff was directed to prepare an Exclusive Negotiating Agreement with Charles Company for consideration at the next regular CDC meeting. CHANGES TO THE AGENDA City Manager Pasmant announced that item B-1 would be continued to the next meeting of the City Council. PRESENTATIONS Blue Star Video was aired. Mike Lee of the Community Development Commission • Department gave a short PowerPoint presentation highlighting recent accomplishments and ongoing work of the Community Development Commission. Mayor Sanderson presented Marlene Thrasher a Blue Star Poster recognizing her husband, U.S. Marine Corps Chief Warrant Officer III, Carlos Thrasher, for his service in the military. Council Minutes 04/05/05 • • Mayor Sanderson, assisted by Fire Chief Richard Elliott, presented certificates of recognition to the following for the courageous efforts during a house fire: • Silvino Montagner • Isidora Montagner • Jesus Anquiano • MatthewAnquiano • Larry Griggith Mayor Sanderson announced April as Child Abuse Prevention Month. Mayor Sanderson presented a proclamation to Marilee Marrero, West Covina Public Library's Librarian, recognizing April 10-16 as National Library Week. ORAL COMMUNICATIONS John Scheuplein, West Covina resident, addressed Council on several items including City Council benefits, having CDC meetings outside of the City Council meetings and the toxic material at BKK. Rudy Almedia, Hacienda Heights resident, congratulated Mayor Sanderson on her appointment as Mayor and commented on Megan's Law. Royal Brown, West Covina resident commented on the contamination at the BKK landfill site. Bruce Leinbach, West Covina resident, addressed the need to preserve the West Covina Food Bank. Ferdy Chan, West Covina resident, shared the experiences of a recent Boy Scout overnight trip at Galster Park and unwelcome visitors which required police response and commented on the BKK landfill site. Terry Galzote, West Covina resident, invited the community to an upcoming event at St. Christopher Church on May 215` Tyra Mason, representing the Chamber of Commerce of West Covina Lions, promoted the West Covina Street Market and Festival and invited the audience to attend the one year celebration of the new location. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Update Held Over This item held over to the next meeting. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Public Works Parks Irrigation Improvements — Use of Park Dedication Fees (Project No. PP-05204) C-1 Public Works Director Yauchzee presented the staff report and answered questions from council. Mayor Pro Tern Wong initiated discussion regarding prior direction of council regarding use of PDF funds and intent of PDF funds. Council concurred that consideration should be given 2 Council Minutes 04/05/05 • • CONSENT CALENDAR D-1 during the budget process for the replacement of current infrastructure and maintenance, as the intent of PDF funds is for new improvements and the expansion of park facilities within it's district. Motion by Hernandez to approve alternative # 3 in the staff report which directs staff to use funds within district with a 15% loan allowance as well as allowing a transfer of $152,700 of PDF G to be used at Friendship Park and appropriating $132,400 from the General Fund Reserve. City Manager Pasmant suggested lifting the 15% loan allowance and allow loan for full amount, which can still be repaid, to eliminate use of general fund monies. Mayor Pro Tem Wong seconded the original motion commenting that a full loan most likely could not be repaid due to zero balance in PDF District H with no expected new funds in the future. Motion carried 4-1 with Sanderson voting no. Commission Summary of Actions (receive & file) Human Resources 02/09/05 Community Services 03/08/05 Senior Citizens 03/10/05 Joint Community Svcs/Senior Citizens 02/22/05 & 02/24/05 Planning 03/22/05 Joint Planning/Community Services 03/22/05 D-2 Claims Against the City (deny & notify claimant) a) Laura Salazar vs. City of West Covina b) Steven Robison vs. City of West Covina c) Karen A. Minni field vs. City of West Covina d) Ricardo Feria vs. City of West Covina e) Eugenia Heredia vs. City of West Covina f) Magdalena Nena Falk, et a] vs. City of West Covina, et al Award of Bid D-3a Award of Bid for Police Department Restroom ADA Renovations (Project No. BP-04306) Police Restroom Renovations Recommendation is to accept the bid of All American Painting in the amount of $58,785 as submitted at the bid opening on March 15, 2005, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. D-3b Award of Bid for Street Rehabilitation Work for Residential Streets (Project No. SP-05108) Street Rehabilitation Recommendation is to take the following actions: 1. Appropriate $670,000 Community Development Block Grant (CDBG) funds from an appropriated CDBG fund balance to Project No. SP-05108 (Account No. 131.81.8526.7200), and 2. Transfer $280,000 IN CDBG funds from Account No. 131.81.8527.7200 to Account No. 131.81.8526.7200, and $170,000 BKK funds from Account No. 152.81.8431.7200 to Account No. 152.81.8526.7200, and 3. Accept the bid of Silvia Construction, Inc., in the amount of $1,408,042 as submitted at the bid opening on March 10, 2005, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 3 Council Minutes 04/05/05 • • D-3c Award of Bid for Construction of Sidewalk (Project No. SP-05106) Sidewalk Construction Recommendation is to take the following actions: 1. Appropriate $108,000 in Community Development Block Grant (CDBG) funds from unappropriated CDBG funds balance to Project No. SP-05106 (Account No. 131.81.8524.7200). 2. Increase the Transportation Development Act (TDA) funds appropriation from $50,000 to $59,000 for this project. 3. Approve the Change Order in the amount of $46,500 for additional concrete sidewalk construction on Lark Ellen Avenue (west side) between Fairgrove Avenue and Amar Road. 4. Accept the bid of Kalban, Inc., in the amount of $86,339 as submitted at the bid opening on March 16, 2005, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. City Treasurer's Report (receive & file) D-4 Report for February 2005 Miscellaneous — Fire Department D-5a Signature Authority for Disaster Preparedness and Recovery Documentation Processing Resolution No. 2005-11 Recommendation to approve the following resolution: Signature Authority RESOLUTION NO. 2005-11 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE CITY MANAGER, FINANCE, DIRECTOR ANDJOR THE FIRE CHIEF TO ENTER AND EXECUTE THE APPLICATIONS AND DOCUMENTS FOR ALL PRE AND POST DISASTER FUNDING CONSENT CALENDAR ACTION Motion by Miller and seconded by Wong to waive further reading of the resolution and adopt and approve all items listed on the Consent Calendar. Motion carried 5-0. Mayor Sanderson requested the record to reflect all member present and all member voted in the affirmative. PUBLIC HEARINGS FY 2005-20056 CDBG PUBLIC SERVICES PROJECT FUNDING E-1 Mayor Sanderson announced the public hearing. Deputy City Clerk verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Staff report was presented by Community Services Director Steve Samaniego. Public Testimony Mayor Sanderson opened the public testimony portion of the hearing and the following addressed Council. Vatche Kelartnian, Associate Director of the Center for Aging Resources and administrator of the CAPS Alheimzer Daycare, thanked the City Council for prior years funding and consideration for funding for current year. Ellen Sherwood, West Covina resident, brought attention to CAPS and what they do. Nisha Vyas, of the Housing Rights Center, thanked the Community Services Commission for their recommendation for funding to City Council and looks forward to their continuing partnership. 13 Council Minutes 04/05/05 • • Testimony Closed Recess Mayor Sanderson closed the public testimony. Motion by Wong and seconded by Miller to accept the staff recommendation that City Council allocate $282,519 CDBG funds to the 17 Public Service Projects outlined in the staff report. Motion carried 5-0. Councilmembers complimented the commissions and staff on their work and thanked the public service groups for addressing Council on the needs of their organizations. Mayor Sanderson called for a recess at 8:27 p.m. The City Council reconvened at 8:38 p.m. with all members present. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting at 8:38 p.m. to convene the Community Development Commission. The City Council reconvened at 8:39 p.m. DEPARTMENTAL MATTERS FINANCE DEPARTMENT Appointment of Budget Committee Members G-1 Staff report was presented by Finance Director Bachman. Mr. Bachman stated that a list of residents who responded to the City's outreach efforts are attached for Council consideration as appointees to the committee. Mayor Pro Tern Wong commented on the process and the lack of background information of the interested residents. Wong suggested a questionnaire be developed in order to obtain budgeting and financial background. Motion by Herfert and seconded by Hernandez to hold over in order to obtain further information on the candidates for appointment. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Request for Proposals for Development of a 10-Acre Site for the Development of Housing and Public Park G-2 Community Development Director Chris Chung presented the staff report which requests Council's approval of a Request for Proposal for the development of 10-acrre site adjacent to Shadow Oak. John Scheuplein, West Covina resident, stated he would like to see published list of who the RFP's are going to be sent to and made additional comments on the process and the components of the RFP. Councilmembers concurred on the need for community meetings for community input to developers. Councilmember Miller does not support RFP without specific criteria for development. Councilmember Hernandez stated the RFP reflects prior direction giving developers unrestricted boundaries to see what they could develop. Motion Motion by Hernandez and seconded by Herfert to proceed with the proposed RFP and timeline and to include community meetings before Council approves final plan. Amendment Mayor Pro Tem Wong offers an amendment to hold a community meeting and invite developers to hear input from residents prior to developing a proposal. Hernandez accepts the amendment.. Councilmember Herfert supports community input to submitted proposals and withdraws his second. 5 Council Minutes 04/05/05 Action Mayor Pro Tern Wong seconds amended motion. Motion carried 3-2 with Herfert and Miller voting no. PLANNING DEPARTMENT Interim Urgency Ordinance Establishing a Moratorium of Demolition of Historical Structures G-3 Planning Director McIsaac presented the staff addressing the • purpose and components of the ordinance. McIsaac answered questions from Council regarding notification to property owners with applications for subdivisions and notification to those possibly affected. Mayor Pro Tern Wong stated he was hesitant to move forward without the legal analysis requested at the joint meeting on March 29, 2005. In response to a question from Council, the City Attorney advised staff that exemptions could also be incorporated in the ordinance. John Scheuplein, West Covina resident, commented that he does not disagree with the need to protect historical houses, but could be infringing on property owner rights. Councilmember Herfert commented that this process is for the purpose of doing research and called for the heading of the ordinance. Deputy City Clerk presented: Ordinance No. 2131 ORDINANCE NO. 2131 — AN ORDINANCE OF THE CITY Urgency Moratorium COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PROHIBITING THE ACCEPTANCE, PROCESSING OR ISSUANCE OF ANY LICENSE, PERMIT, DEMOLITION PERMIT, GRADING PERMIT, BUILDING PERMIT, TENTATIVE PARCEL OR TRACT MAP OR OTHER ENTITLEMENT FOR THE DEMOLITION, ALTERATION, MODIFICATION EXPANSION OR RECONSTRUCTION OF A HISTORICAL STRUCTURE OR PROPERTY UPON WHICH A HISTORICAL STRUCTURE IS LOCATED PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR THE PRESERVATION OF HISTORICAL STRUCTURES AND PROPERTIES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion by Herfert and seconded by Hernandez waive further reading of the ordinance and introduce.. Motion failed to pass with a 3-0-2 vote. Urgency ordinance requires a 4/51h vote and Miller and Wong abstained. Mayor Pro Tent Wong concerned that there were no property owners requesting preservation and would like notification to possibly affected property owners. is Councilmember Miller stated he is willing to move forward but would first like to know the age of structures, that notification to property owners be issued and a commitment to fast track to process. Motion by Wong and seconded by Miller to bring issue back to the next meeting with the legal analysis requested at the March 29 meeting and notification be mailed to property owners possibly affected before proceeding. 6 Council Minutes 04/05/05 Council Herfert initiated discussion as to whether this is a reconsideration of previous vote. The City Attorney stated the request is to bring the matter back with new action from staff. Planning Director McIsaac responded to a question regarding the legal opinion requested at the previous meeting. Mayor Sanderson restated the motion. Motion carried 5-0 to bring item back to the next meeting. MAYOR'S REPORT Review of City Council Standing Rules and City Municipal Code Pertaining to City Council Meetings I-1 Mayor Sanderson presented report and stated her reasons for putting this item on the agenda. Motion by Herfert and seconded by Wong to receive and file the report. Motion carried 5-0. Agency Appointment of City Council Representatives to Other Agencies I-2 Mayor Sanderson reviewed the list of suggested appointment. Mayor Pro Tent Wong stated he could not attend the Independent Cities Association meetings and Mayor Sanderson stated she would serve as alternate. Motion by Herfert and seconded by Wong to approve the Mayor's appointments. Motion carried 5-0-. Final appointments as follows: Agency/Organization Chamber of Commerce City/Schools Liaison Committee Contract Cities L.A. County Emergency Preparedness Committee L.A. Works Foothill Transit Zone Independent Cities Association League of California Cities Rose Float Foundation SGV Mosquito Abatement District (2-yr term) L.A. County City Selection Committee SGV Economic Partnership Sanitation District Board SCAG (General Assembly) Upper San Gabriel Valley Water Association Hurst Ranch Foundation Councilmember Herfert left the dais at 10:45 p.m. Representative Sanderson Miller Herfert Miller Herfert Hernandez Miller Wong Sanderson Miller Herfert Hernandez Sanderson Hernandez Wong Herfert Alternate Hernandez Hernandez Sanderson Jim Rudruff (Fire) Hernandez Herfert Sanderson Herfert Hernandez No alternate Wong Herfert Hernandez Herfert Miller Sanderson COUNCILMEMBERS' REPORTS Councilmember Miller Letter of Opposition — A13991 (DeVore) — Mosquito Abatement &Vector Control Districts J-1 Report presented by Councilmember Miller. Royall Brown, West Covina resident, does not support the proposed legislation. Motion by Miller and seconded by Hernandez to forward a letter in opposition to AB 991 to all state elected officials representing the City of West Covina. Motion carried 4-0- with Herfert absent. Councilmember Herfert returned at 10:47 p.m. 7 Council Minutes 04/05/05 Councilmember Miller BLD Termination Issue and Related Robert's Rules of Order Procedural Matters J-2 Councilmember Miller stated he had previously [March 1] requested a Motion to Terminate the Big League Dreams project be agendized for April 19, not this evening. At the time of his • request there was discussion as to whether the motion was appropriate since the matter had previously been tabled. An opinion from the City Attorney was requested. Councilmember Herfert returned to the dais at 10:47 p.m. City Attorney opinion City Attorney Alvarez-Glasman presented his report which outlined Robert's Rules of Order's procedural matters. Specifically it is the determination of the legislative body and chair as to whether any motion is appropriate or out of order. Alvarez- Glasman further reported that if a motion receives a second, the obligation to determine whether it is in order falls to the chair. If ruled out of order, it is subject to appeal. If the appeal is defeated, the ruling by the Chair will stand. In response to a question by Miller, Alvarez-Glasman stated that if his motion to terminate the Big League Dreams project received a second, it is the duty of the Mayor to determine whether the motion is in order based upon prior the action of the City Council to table the matter on 6/15/04. Motion Motion made by Miller to terminate the Big League Dreams project. Mayor Pro Tern Wong inquired whether the matter was properly agendized under the Brown Act. City Attorney stated the staff report has sufficient information to move forward with the motion or choose to hold over to the next meeting. City Attorney further noted the issue of whether or not the motion is in order. Mayor Pro Tern Wong proceeds to second the motion. Royall Brown, West Covina resident, stated that BLD being used as an acronym is not proper for public notification and urges Council to reagendize with proper title spelled out. Mayor's ruling Mayor Sanderson rules the motion is out of order due to previous action taken to table the matter and the intent of that motion making sure the subject matter did not come before Council again. Appeal Councilmember Miller request to appeal the Mayor's ruling. Mayor Pro Tern Wong seconded the appeal. Following discussion on previous action of Council to table and the Mayor's ruling calling the motion out of order, appeal to overturn the Mayor's ruling failed with a 2-3 vote with Herfert, Hernandez and Sanderson voting no on the appeal. Councilmember Hernandez Ordinance Regulating the Display in Public Places of Material Harmful to Minors J-3 Councilmember Hernandez presented report. • Deputy City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE 12 REGULATING THE DISPLAY IN PUBLIC PLACES OF MATERIAL WHICH IS HARMFUL TO MINORS 0 Council Minutes 04/05/05 Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 5-0. Motion by Hernandezand seconded by Hernandez to authorize members of Code Enforcement to enforce this ordinance and issue citations for violations and approve the amendment of Article I, • section 1-37 of the West Covina Municipal Code to include a reference to this new article. Motion carried 5-0. • Councilmember Councilmember Herfert requested a memo sent to Council regarding Mr. Ziad Alhassen be agendized for public disclosure. Councilmember Herfert also requested the BLD project be put on the agenda for the purpose of putting on hold the project and to research for grant money to fund the project. Councilmember Hernandez requested staff look at the feasibility of implementing a cross country course along with the walking trails and horse trails at Galster Park. Councilmember Hernandez requested information of the construction development of Big League Dreams in other communities for the next meeting. City Attorney Alvarez-Glasman stated the subject of Big League Dreams has been tabled and must be removed from the table prior to any further discussion. Council engaged in discussion regarding the issue that was tabled and the rules of tabling. Mayor Pro Tern Wong requested the issue of the licensing fees to be included in the report when BLD matters are returned. Mayor Pro Tern Wong thanked the council for adjourning the last regular meeting in memory of his mother and thanked the public for their expression of sympathy. ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the meeting at 10:15 p.m. in memory of retired fire captain Robert Tannahil and Jack Sherwood. Motion carried 5-0. Sr Mayor Shelley Sanderson ATTES Deputy City Cle Susan Rush 0'