Loading...
06-07-2005 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 7, 2005 • Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:25 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Nestor Rebong, St. Christopher's Church PLEDGE OF ALLEGIANCE Mayor Sanderson ROLL CALL Mayor Sanderson, Mayor ProTem Wong, Councilmember Herfert, Councilmember Hernandez, Councilmember Miller Others Present: Pasmant, Alvarez-Glasman, Fields, Rush, Yauchzee, Samaniego, Lennard, Freeland, Elliott, Hoppe, Bachman, Durbin, Villegas, Chung, Lee REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council and Community Development Commission commenced the special meeting at 5:50 p.m. Prior to recessing into closed session, the items for inclusion were announced. Regarding items on the City Council Agenda, (Conference with Labor Negotiators — Employee Organizations: Police Officers Association, Police Management Association, WC Firefighters Association), a briefing was received from Labor Negotiators with no final action and nothing further to report. Regarding items on the CDC agenda: Conference with Legal Counsel — Anticipated Litigation — One matter related to BKK Landfill Closure — Received briefing from Special Counsel with no final action taken and nothing further to report. CHANGES TO THE AGENDA None PRESENTATIONS Blue Star Video was aired. Assisted by Police Chief Wills, Mayor Sanderson recognized John Hughes for his recent donation of barricade equipment to the Police Department PROCLAMATIONS Mayor Sanderson presented a proclamation to Vanessa Estrella with the American Cancer Society declaring June 13 through June 30, 2005 Relay for Life Week. ORAL COMMUNICATIONS Marilee Marrero Marilee Marrero, representing the West Covina Library reported • on the Library's promotional reading program for school age children. Ed Casanova Ed Casanova, West Covina resident, encouraged the City Council to dedicate a portion of the open space being considered for development for the seniors. Frank Scalfaro Frank Scalfaro, President of the Rose Float Foundation, provided an update of the Foundation and the upcoming reception. Council Minutes 6/7/05 • Lloyd Johnson Lloyd Johnson, West Covina resident, provided an update on a resident's claim against DC Corp. Tyra Mason Tyra Mason, of the Chamber of Commerce, invited all to visit the West Covina Farmers Market and Street Festival. John Scheuplein John Scheuplein, West Covina resident, apologized to Mayor Sanderson for a recent letter in the newspapers and commented on the incident at the prior meeting. Councilmember Herfert Councilmember Herfert commented on the recent passing of two community members, one of them being Bill Beem and requested a video of Mr. Beem's military career be aired on WCCT. George Ogden George Ogden, West Covina resident, gave an update of Lillian Kiel's ailing health to Council. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Site Monthly Status Report BKK Update Special Counsel Lennard presented the staff report. Motion by Miller and seconded by Hernandez to receive and file the report. Motion carried 5 — 0. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Finance C-1 Appointment of Budget Committee Members Budget Committee Mayor Pro Tem Wong commented on changes made to the method of selection and his intent of method proposed at prior meeting. Brief discussion commenced as to the purpose of the budget committee. City Manager Pasmant responded that the prior direction of Council was to form a committee to provide suggestions and recommendations for future budget preparation. Mayor Pro Tern Wong announced his individual appointment to the committee as Wayne Partee. Council proceeded to list names of individuals they would like to have appointed to the committee and submitted "ballots" to staff to tally. While ballots were being tallied, Mayor Sanderson moved forward to the next item on the agenda. Council concurred, at the request of Mayor Sanderson, to bring forward Items C-3 and J-1, relative to Big League Dreams, for discussion with Item C-2. Authorization to "'Take from the Table" Various Big League Dreams ("BLD") Project Issues. Additional Direction on Identifying Those matters to be Returned for Consideration at a Subsequent City Council Meeting. C-2 hi response to Councilmember Miller's question, City Attorney Take from the Table Alvarez-Glasman stated that any member may make a request to "take from the table" an issue that has been tabled, the request does not have to be by the member who requested to table the issue. Recess Mayor Sanderson called a recess at 8:25 p.m. The City Council reconvened at 8:35 p.m. with all members present and resumed discussion of item C-1, Appointment of Budget Committee Members. 2 Council Minutes 6/7/05 • Continuation of C-1 Appointment of Budget Committee Members Mayor Sanderson announced that the tally of votes did not present any member with a 4/5's vote of Council. Councilmember Hernandez suggested keeping the committee to the five Council appointed members only or terminate the committee. Council discussed the need for the committee and shared their views on the number of members needed. Council concurred that the committee would not be participating in this year's budget process but possibly begin later in the year for next year's budget. Motion by Herfert and seconded by Hernandez to appoint the individual appointment of each Councilmember to the committee for a five member committee. Motion carried 3-2 with Miller and Wong voting no. Miller stated he would vote in favor if there was representation from the business community. Authorization to "Take from the Table" Various Big League Dreams ("BLD") Project Issues. Additional Direction on Identifying Those matters to be Returned for Consideration at a Subsequent City Council Meeting. Continuation of C-2 City Attorney briefly explained that a motion would be required from any Councilmember to "Take from the Table" the issues relative to the BLD project in order to continue with discussions on C-3 and J-1. Motion by Herfert and seconded by Hernandez to "Take from the Table" the issues related to the BLD. Motion carried 5-0. C-3 Councilmember Report Construction Costs for Big League Dreams Sports Parks in Other Cities and the Economic Impacts to the West Covina Big League Dreams Sports Park J-1 Councilmember Herfert Postpone the Big League Dreams Sports Park Community Development Director Chris Chung presented the staff report. Mr. Chung answered questions from Council regarding the original financing structure of the project. Discussion ensued regarding the use of any general fund money for the project and source of funding to purchase the land being sold for the commercial development. Don Carmen, West Covina resident, commented on comments made by Mayor Pro Tern Wong at previous meeting. Joanne Wilner, West Covina resident, made several comments regarding financial issues of the project. John Scheuplein, West Covina resident, encouraged the City Council to move forward with the project Ron Odekirk, with Big League Dreams, reaffirmed commitment to the City of West Covina to make this project work and requested a motion by the Council to proceed with finishing the plans and put it out to bid. Art Velasquez, West Covina resident, asked for clarification on how the City can loan money to the CDC, make a profit, and not pay it back to the City or the general fund. Councilmember Herfert responded. 3 Council Minutes 6/7/05 Councilmember Miller elaborated on his reasons that he opposed the project. He felt the project must make sense for the community, make environmental sense and economic sense. Recess Mayor Sanderson called a recess at 9:23 p.m. City Council reconvened at 9:33 p.m. with all members present. • Council resumed discussion and directed questions to staff regarding the original projected revenues and cost of project in relation to the current projected costs. Mayor Pro Tem Wong expressed his opposition to the project stating it has little or no benefit to the community and has a net cost. Councilmember Hernandez stated his support for making necessary changes to make the project work if bids for current construction costs overrun original estimates. Councilmember Hernandez made a motion to direct staff to complete the construction plans and send out for bid with a return in a reasonable time period. Chung explained that the completion of the grading process will determine when we can bid on the construction of the Big League Dreams project. City Manager Pasmant stated that plans can be completed but the land won't be ready in order to bid for a while due to the current factors with the Integrated Waste Management Board and other issues. Focus should currently be on the retail commercial development. Following lengthy discussion regarding the development status of the project and escalating costs, Councilmember Herfert stated his reasons for agendizing the postponement of the Big League Dreams Sports Park project. Motion Motion by Herfert to finish the plans, put the project on hold until C-3 & J-1 we can find funding solutions [grant funding or additional revenue sources], or address the additional costs by possibly downsizing the project. Councilmember Hernandez asked for a legal opinion, if the motion is supported, is the City's ability to seek other types of developments for the site limited. The City Attorney stated the City has an obligation with Big League Dreams by contract and staff would need direction from Council to negotiate with BLD. Following further Council discussion regarding time frame of project and interest to seek other opportunities, a second to the motion was offered by Councilmember Hernandez. Action on motion Motion carried 3-2 with Miller and Wong voting no. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) Human Resources 04/13/05 Planning 05/24/05 • Claims Against the City of West Covina (deny & notify claimant) Denial of Claims USAA Insurance vs. City of West Covina Shtawney Germain vs. City of West Covina Shukri Sakiri vs. City of West Covina Arlene C. Vargas and M. Esther Romero vs. City of West Covina Fl Council Minutes 6/7/05 • D-3a Ordinance No. 2135 Zone Change at 707 S. Lark Ellen Ordinances for Adoption (waive reading & adopt) Zone Change No. 05-05 Applicant: City of West Covina Location: 707 South Lark Ellen Avenue ORDINANCE NO. 2135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-05 D-3b Zone Change No. 04-06 Ordinance No. 2136 841 West Merced Avenue (Elks Lodge) Rezone Elks Lodge Property (Near the northwest comer of Glendora and Merced Avenue) ORDINANCE NO. 2136 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-06 D-4 Traffic Committee Minutes (accept & file) Minutes from the regular meeting of May 17, 2005 D-5 City Treasurer's Report (receive and file) Report for the month of April 2005 Miscellaneous — Public Works West Covina Landscape Maintenance District No. 1 — Setting of 2005-2006 Assessment Rate D-6a Recommendation to approve the following resolution: MD-1 Assessment Rate RESOLUTION NO. 2005-23 — A RESOLUTION OF THE CITY Resolution No. 2005-23 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 West Covina Landscape Maintenance District No. 2 — Setting of 2005-2006 Assessment Rate D-6b Recommendation to approve the following resolution: MD-2 Assessment Rate RESOLUTION NO. 2005-24 — A RESOLUTION OF THE CITY Resolution No. 2005-24 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 Miscellaneous — City Manager's Office Animal Control Contract Renewal D-6c Recommendation to: Animal Control Contract 1. Authorize the City Manager to execute a revised five-year contract (July 1, 2005 to June 30, 2010) with the Los Angeles County Department of Animal Care and Control (County); and 2. Authorize staff to include an increase in dog licensing fees in accordance with Government Code Sections 6062 and 6062(a). CONSENT CALENDAR ACTION Motion by Hernandez and seconded by Miller to waive further reading of the resolutions and adopt; and approve all items listed on the Consent Calendar. Motion carried 5-0. �1 Council Minutes 6/7/05 • PUBLIC HEARINGS 1) West Covina Landscape Maintenance District No. 4 2) West Covina Landscape Maintenance District No. 6 3) West Covina Landscape Maintenance District No. 7 E-1, E-2, E-3 Mayor Pro Tem Wong stated he would abstain from any discussion and vote on Maintenance District No. 7 due to conflict of interest. Mayor Sanderson announced the public hearing, Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the public hearing. Public Works Director Yauchzee announced that the public hearings for Maintenance Districts 4, 6 and 7 would be combined and presented the staff report. Assistant City Clerk verified that no written comments had been received. Public Testimonv Mayor Sanderson asked for public testimony and hearing none, closed the public hearing. Assistant City Clerk Rush presented: Resolution No. 2005-25 RESOLUTION NO. 2005-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT, AND THE ASSESSMENT CONTAINED IN THAT REPORT, FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2005 Assistant City Clerk Rush presented: Resolution No. 2005-26 RESOLUTION NO. 2005-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2005 Assistant City Clerk Rush presented: Resolution No. 2005-27 RESOLUTION NO. 2005-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2005 Motion Motion by Councilmember Miller and seconded by Councilmember Hernandez to waive further reading of the resolutions and adopt. Motion carried 5-0 for the adoption of the resolution pertaining to MD's 4 and 6 and 4-0-1, with Wong abstaining, on the adoption of the resolution pertaining to MD 7. COMMUNITY DEVELOPMENT COMMISSION Gi Council Minutes 6/7/05 :7 Mayor Sanderson recessed the City Council meeting at 10:34 p.m. to convene the Community Development Commission agenda. The City Council reconvened at 10:42 p.m. with all members present. Councilmember Herfert left at 10:42 p.m. DEPARTMENTAL MATTERS ENVIRONMENTAL MANAGEMENT DEPARTMENT G-1 Athens Services 2005 Consumer Price Index (CPI) Rate and Los Angeles County Landfill Tipping Fee Waste Collection Adjustments Waste Hauler Fees Environmental Director Samaniego presented the staff report. Staff answered questions from Mayor Pro Tern Wong regarding the amendment approved in January 2004 and that Athens was going to forego any "catch-up" on the CPI rate increases. Motion by Wong to receive and file the report and direct staff to review the council tape of January 20`h for clarification on Athens foregoing any CPI rate catch-up. Substitute motion offered by Miller and seconded by Hernandez to have staff review the tape and bring this item back at the following meeting. Motion carried 4-0 with Herfert absent. CONTINUED ORAL COMMUNICATIONS None. MAYOR'S REPORTS No reports for this meeting. Councilmember Herfert returned at 11:15 p.m. COUNCILMEMBER'S REPORTS Councilmember Herfert J-1 Postponine the Big League Dreams Sports Park This item discussed earlier with item C-3. Councilmember Hernandez J-2 Graffiti Removal Contract Reconsideration Councilmember Hernandez elaborated on the staff report. Councilmember Hernandez requested that Council consider graffiti removal with a new firm, due to the complaints he has received from residents. Motion Motion by Hernandez to allow the Boys and Girls Club and the next lowest bidder from the last bid process to each serve one half of the City (each firm at one half of the contract price) for graffiti removal and at years end award the contract to the firm who best serves the City. John Shewmaker, West Covina resident, commented on Councilmember Hernandez's actions at the previous meeting during a debate with a resident. Herb Redholtz, West Covina resident, supported the Boys and Girls Club and felt there is no need to change firms. John Scheuplein, West Covina resident, reiterated his position that there is no reason to make any changes. 7 Council Minutes 6/7/05 is 0 Art Velasquez, West Covina resident, voiced his support of the Boys and Girls Club and complimented their work. Juan Reinoso, Urban Graffiti, made comments on the award of bid of the graffiti contract, which he felt, was made on personal preference, not on low bid and that the Boys and Girls Club is operating in violation of State law. Maria Gutierrez, Urban Graffiti, made several comments in reference to the City utilizing an unlicensed contractor. Royall Brown, West Covina resident, suggests the council establish a grant with the Boys and Girls Club. Councilmember Herfert requested the City look at options for tougher prosecution of taggers and supported the concept of splitting the City allowing two agencies handling the removal of graffiti. City Attorney Alvarez-Glasman addressed provisions that will need to be analyzed prior to making any changes which include the validity of the current contract. Discussion ensued surrounding the Boys and Girls Club contractors licensing issues. Councilmember Miller voiced his support of the Boys and Girls Club and suggests allowing them time to obtain their license. Amended motion Councilmember Hernandez reiterated his concerns with the current contractor and changes his motion to cancel the contract with the Boys and Girls Club and award the contract to the lowest bidder from the previous competitive bid process. Councilmember Herfert requests this item be brought back with the following: • whether the Boys and Girls Club can be allowed time to obtain a license • staff input on a system to divide the City for two contractors • ' costs for two contractors • information for stricter standards for prosecution and • information as to what neighboring cities are doing regarding prosecution of taggers. Substitute motion Motion by Hernandez and seconded by Herfert to proceed with the requests of Councilmember Herfert. Motion carried 3-2 with Miller and Wong voting no. Mayor Pro Tem Wong further requested that staff bring back a history of fines levied by the State Contractors Licensing Board and types of violations. ADJOURNMENT Motion by Sanderson and seconded Herfert to adjourn in memory of Michael Piper, Bill Beem, Rita Denholtz and Judy Lynne, daughter of former Mayor Robert Young. Mayor Shelley Sanderson ATTEST,. Assistant City Cl rk Susan Rush D