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05-17-2005 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 17, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE City Manager Andrew Pasmant Led by Councilmember Miller ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong, Councilmember Hernandez, Councilmember Miller Absent: Councilmember Herfert Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee, Elliott, Anderson, Bachman, Durbin, Samaniego, Paul, Chung, Lee, Cendejas, Villegas, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to recessing into closed session the one item on the City Council agenda was announced for inclusion in the closed session discussion. Conference with Labor Negotiators — Employee Organizations: Police Officers Association, Police Management Association, WC Firefighters Association — City Council received a briefing from the city's negotiator, no final action was taken and nothing further to report. CHANGES TO THE AGENDA No changes to the agenda were reported. PRESENTATIONS Blue Star Video was aired. Mayor Sanderson presented a Blue Star Poster to Major General Michael Rochelle, Commanding General of the United States Army Recruiting Command. Mayor Sanderson presented Certificates of Recognition to the following, recognizing their schools as a California Distinguished School. - Mr. Jeff Wilson Principal of Traweek Middle School - Ms. Debi Klout, Principal of Rincon Intermediate School Mayor Sanderson called forward Khan Kayum, President of the West Covina Lions and Brad McFadden, Chairman of the Night on the Town program who announced the upcoming 351h Annual Night on the Town Celebration at Edwards Theaters on Wednesday, June 1 at 6:00 p.m. Mayor Sanderson presented Kathleen Miller with a Certificate of Recognition for her service to the community. Mayor Sanderson called forward Community Service Director Steve Samaniego who thanked the many volunteers who helped with the recent Earth Day celebration and presented Boy Scout Troop #442 with Certificates of Recognition. Council Minutes of 05/17/05 ORAL COMMUNICATIONS Ian Awong, West Covina resident, made a complaint to the Council regarding his neighbor's many cars that block the area and prohibits that trash company from picking up his trash cans. Joanne Wilner, West Covina resident, requested information regarding the BKK site grading and the contamination at the site. isMarilee Marrero, representing the West Covina Library, promoted a 5 week parent/toddler workshop to be held at the West Covina Library. John Scheuplein, West Covina resident, expressed community sentiment regarding the closure of the Food Bank, and commented on the lack of veteran's preference in the employment recruitment process made comments regarding the BKK progress. John Hughes, West Covina resident, thanked the Police and Fire Departments for their participation in the Red Robin and BJ's restaurant fundraising promotions. Norman Richmond, West Covina resident, spoke on the subject of fire prevention and weed abatement and urged Council to authorize tractor cleanup for the abatement of weeds. Tyra Mason, representing the Lions Club and Chamber of Commerce, promoted the West Covina Farmers Market and aired a video highlighting the market. Sue Dunn, representing the West Covina Chamber, announced John Hughes as the 2005 West Covina Citizen of the Year. Ferdy Chan, West Covina resident, thanked Council for their support of Earth Day. Cookie Nance, West Covina resident, suggested that all Town Hall meetings that are held off site of City Hall be held in the Council Chambers. Lloyd Johnson, West Covina resident, distributed petitions for Councils review and spoke against any more homes being built in the OrangeBadillo,vicinity. Royall Brown, West Covina resident, gave congratulations for the completion of the divider on Azusa Avenue but shared concerns with the electrical line project. Herb Redholtz, West Covina resident, commented on the recent town hall meeting at Shadow Oak Park with developers for the Downtown development. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS • Finance Process for Appointment of City Council Appointed Budget Committee Members C-1 Mayor Pro Tem Wong addressed issues regarding the process for the appointment of the budget committee members that will be appointed by the 4/51h vote of Council and expressed his concerns of a positive process. Wong suggested a process whereas Councilmembers would vote, with ballots, in favor of applicants PA Council Minutes of 05/17/05 who submitted applications, rather than vote against, until Council agreed upon five applicants. Councilmember Hernandez concurred with a positive process. City Attorney Alvarez-Glasman, in response to Mayor Sanderson, stated that ballots could not remain secret and must be • available for public disclosure. Motion by Wong and seconded by Miller to utilize a ballot process, whereas each Councilmember would list on a ballot the names of eight people from the list of 15 prospective members. Staff would tally the ballots and Council would continue the process until five people have reached the requisite 4 votes. Motion carried 4-0 with Herfert absent. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) Community Services 04/12/05 Planning 05/10/05 Ordinances for Adoption (waive reading & adopt) D-2 No reports for this meeting. Award of Bid D-3 Award of Contract for Landscape Plan Check Consultant Landscape Consultant Recommendation is to authorize the Planning Director to execute agreements with two landscape architecture firms, California Landscape & Design and Olea Landscape Architecture, for landscape plan check services for three years, renewable thereafter on a year-to-year basis. Miscellaneous — Human Resources Department Medicare Benefits D-4a Recommendation to approve the following resolution: Medicare Benefits RESOLUTION NO. 2005-23 — A RESOLUTION OF THE CITY Resolution No. 2005-23 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO REQUEST AUTHORITY FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM TO CONDUCT A MEDICARE "DIVISION" ELECTION TO DETERMINE WHICH EMPLOYEES, HIRED BEFORE APRIL 1, 1986, DESIRE TO CONTRIBUTE TO THE MEDICARE SYSTEM Miscellaneous — Communications Lease Agreement with Cingular Wireless D-4b Recommendation to approve the proposed Lease Agreement Cingular Lease Agreement authorizing Cingular Wireless (formerly AT&T) to lease space to build a wireless telecommunications facility within Shadow Oak Park and authorize the Mayor to execute the Lease Agreement Miscellaneous — Fire Department West Covina High School District Graduation, Faith Community Church and West Covina City Fireworks Displays D-4c Recommendation to ratify authorization for the following: Fire Works Display 1. A fireworks display at West Covina High School Graduation to isbe held June 23, 2005; and 2. A fireworks display at Faith Community Church to be held July 4, 2005; and 3. A fireworks display at the City of West Covina Independence Day Celebration to be held on July 4, 2005. CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading of the resolution and adopt; and approve all items listed on the Consent Calendar. Motion carried 4-0 with Herfert absent. rc3 Council Minutes of 05/17/05 • PUBLIC HEARINGS ZONE CHANGE NO.05-05 APPLICANT: CITY OF WEST COVINA LOCATION: 707 S. LARK ELLEN AVENUE E-1 Mayor Sanderson announced the public hearing. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning Director McIsaac presented the staff report. Public Testimonv Mayor Sanderson asked for public testimony and hearing none, proceeded to close the public testimony. Assistant City Clerk Rush presented: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Zone Change No. 05-05 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-05. Motion by Miller and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 4-0 with Herfert absent. ZONE CHANGE NO. 04-06 841 WEST MERCED AVENUE (ELKS LODGE) (NEAR THE NORTHWEST CORNER OF GLENDORA AVENUE AND MERCED AVENUE) E-2 Mayor Sanderson announced the public hearing. Assistant City Zone Change 04-06 Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning Director McIsaac presented the staff report and answered questions of Council. Public Testimonv Mayor Sanderson asked for public testimony and hearing none, proceeded to close the public testimony. Assistant City Clerk Rush presented Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Zone Change No 04-06 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-06 Motion by Miller and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 4-0. DEPARTMENTAL MATTERS PUBLIC WORKS Engineering Consultant Services for Capital Improvement Proiects — Review of Request for Qualification G-1 Public Works Director Yauchzee presented the staff report Engineering consultant services Yauchzee responded to questions from Council regarding grant funding for projects and design costs. Councilmember Hernandez stated he would like to review the proposals to enable Council to make the best selection of a firm. Lloyd Johnson, West Covina resident, stated he supported staff recommendation and would like to continue with the competitive bid process. Joanne Wilner, West Covina resident, echoed the prior speaker supporting the bid process. Art Velasquez, West Covina resident, voiced his support of the Engineering staff and the need to retain control with the bid process. 4 Council Minutes of 05/17/05 • • Motion Amendment G-2 Ordinance 2134 Mayor Pro Tern Wong and Councilmember Miller spoke in support of the staff recommendation and continuing with the competitive bid process assuring the lowest cost. Councilmember Hernandez made several comments regarding his intent to expedite projects and keep with the competitive process. Motion by Hernandez to approve staff recommendation alternative #2 to bid yearly on approved CEP projects as a package, and have staff bring back the proposals in band one for Council review and selection at the next meeting. Following further discussion, Sanderson offers a second to motion by Hernandez. Mayor Pro Tern Wong offered an amendment to the motion as to not delay projects, bid on approved CIP projects as a package only if projects ready to go are not delayed for more than a month due to approved projects not ready to go, leaving the discretion to staff, and to then bid on those projects not ready and not included in the package on an individual basis. Amendment accepted by maker of the motion. Motion carried 4-0 with Herfert absent. Urgency Floodplain Management Regulations Ordinance Staff report was presented by Public Works Director Yauchzee. Yauchzee stated that FEMA has advised the City that the proposed Flood Map ordinance must become effective on or before May 17, 2005 in order to comply with FEMA's guidelines and to preserve the City's membership in the National Flood Insurance Program (NFEP). In order for the ordinance to become effective tonight, it must be introduced and adopted as an urgency ordinance. Assistant City Clerk presented the following urgency ordinance: ORDINANCE NO. 2134 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AND ADDING ARTICLE III SECTIONS 9.40 TO 9.64 TO THE WEST COVINA MUNICIPAL CODE REGARDING "FLOODPLAIN MANAGEMENT REGULATIONS" AND SETTING FORTH FACTS CONSTITUTING THIS TO BE AN URGENCY ORDINANCE Motion by Miller and seconded by Hernandez to waive further reading of the urgency ordinance and introduce. Motion carried 4-0 with Herfert absent. Motion by Miller and seconded by Hernandez adopt the urgency ordinance. Motion carried 4-0 with Herfert absent. COUNCILMEMBERS' REPORTS Councilmember Hernandez Graffiti Removal Contract Reconsideration J-1 Councilmember Hernandez introduced the subject matter and Graffiti Removal Contract presented his concerns regarding the current graffiti removal contract, which included patchy cover up, lack of removal and lack of an acceptable response time. Hernandez further stated that the current contractor is not operating with the proper license. Motion Motion by Hernandez to terminate the current contract with the Boys and Girls Club and open a competitive bid process as outlined in staff alternative #2 of the staff report. John Scheuplein, West Covina resident, voiced his support of the Boys and Club, stating that the completion of their contract should be honored and accused Councilmember Hernandez of lobbying for another contractor. E Council Minutes of 05/17/05 is J-1 BLD Update • Royall Brown, West Covina resident, commended the Boys and Girls Club for their service. Joanne Wilner, West Covina resident, requested clarity on what is considered private and city property and the responsible parties for removal. Maria Guiterrez, Urban Graffiti, defended her company against comments made by earlier speaker regarding her company. Juan Renosa, Urban Graffiti, commented on the violation of the current contractor not having a license and requested fairness and the opportunity to bid. Herb Redholtz, West Covina resident, requested the Mayor ask the City Attorney to render an opinion regarding the lack of a contractor's license and supported the current contractor to continue until the expiration of their contract. City Attorney Alvarez-Glasman stated the State Contractors Board determines what type of activities require a state contractor license and the City has received a written opinion from the State Contractors Board taking the position that the current graffiti removal contractor should have a contractors license. Councilmember Miller voiced his support of the Boys and Girls Club and the work they have performed. Miller also supported the staff report alternative to allow the Boys and Girls Club to apply for and obtain the proper contractors license and retain the contract through the balance of the term. Following further discussion Mayor Sanderson offered a second to Councilmember Hernandez's motion. Councilmember Hernandez further elaborated on his concerns of graffiti removal throughout the city. Mayor Sanderson called for a vote on the motion. Motion failed with a 2-2 vote with Sanderson and Hernandez voting aye and Wong and Miller voting no. Councilmember Hernandez Update on the Development Status and Construction Costs for Big League Dreams Sports Parks in Other Cities Councilmember Hernandez commented that his request was for staff to research the cost overruns in communities where Big League Dreams (BLD) is building, and with that information initiate discussion regarding projections for West Covina. Councilmember Hernandez stated this report only provided costs the communities are experiencing, not the comparisons between proposed costs and real costs. Hernandez elaborated on his concern with the affordability of the project and the direction we are going in. Community Development Director Chung stated at the time the report was written, staff did not have that information but has the information tonight. Chung provided a verbal report. Mayor Pro Tem Wong asked that staff also provide a history of the original estimated costs and final construction costs of the BLD projects in California. Ron Odekirk, Big League Dreams, addressed the estimated and increased costs of the various BLD projects. Mr. Odekirk responded to questions presented by Mayor Pro Tem Wong regarding revenues. Mayor Pro Tem Wong asked if licensing fees would be returned if the project was put on hold. Mr. Odekirk C Council Minutes of 05/17/05 stated that he feels the City and BLD can make this project work, that they are willing to work with the City within the budget in order to honor the contract. Councilmember Hernandez reiterated his concerns of affordability with the rising costs of construction. • John Scheuplein, West Covina resident, voiced his support for the completion of the project. Mayor Pro Tern Wong requested staff bring back bonding costs, projection for revenues and overall numbers that might have changed since the original projections. Motion by Miller and seconded by Hernandez to receive and file this report and bring the item back with cost implications to the West Covina project with current estimated construction costs and projected revenues. Motion carried 4-0 with Herfert absent. ADJOURNMENT Motion by Wong and seconded by Miller to adjourn at 10:17 p.m. in memory of Larry McDonough, a former Waste Management & Environmental Quality Commissioner. ATTEST: Assistant Cit Clerk Susan Rush • Mayor Shelley Sanderson 7