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05-02-2006 - Regular Meeting - Minutesis • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 2, 2006 Mayor Herfert 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 Reverend Frederick W. Cook West Covina United Methodist Church PLEDGE OF ALLEGIANCE Councilmember Hernandez ROLL CALL Mayor Herfert, Mayor Pro Tern Touhey (arrived 7:15 p.m.), Councilmembers Hernandez, Lane, and Sanderson Others Present: Pasmant, Fields, Alvarez-Glasman, Anderson, Durbin, Elliott, Fields, Freeland, Hoppe, McIsaac, Morgan, Rush, Samaniego, Wills, Yauchzee REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session all items on the City Council and Community Development Commission agendas were announced for inclusion in the discussion in closed session. All members of the City Council and the Community Development Commission were present with the exception of Mayor Pro Tem/Vice Chairman Touhey. Items on the City Council Agenda: Conference with Labor Negotiators — Unrepresented Employee — Assistant Fire Chief - City Council received a briefing and Council provided direction to the City's negotiator, there was no final action takenandnothing further to report. Conference with Real Property Negotiators — Properties located at 2121 East Shadow Oak and 625 East Merced Avenue — A briefing was provided to Council on both property locations, there was no final action taken and nothing further to report. Item on CDC Agenda: Conference with Real Property Negotiators — Southeast Corner of East Garvey Avenue and Citrus Street — A briefing was provided from the Agency negotiator, there was no final action and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant reported that an attachment referenced in the staff report resolution has been provided to the Council and is available at the back counter for the public. PRESENTATIONS Blue Star Video was aired. Mayor Herfert, assisted by Steve Samaniego, Community Services Director, presented Lyndel Morgan, Community Service Manager and Adrian Reynosa, Recreation Supervisor resolutions of commendation for their service on the California Park and Recreation Society Board. Glen Nakatani, President of the East San Gabriel Valley Japanese Community Center, made a presentation to the City Council on the upcoming Cherry Blossom Festival and invited the audience to Council minutes of May 2, 2006 attend the Festival on Saturday, May 6, 2006 in the City Hall Civic Center Courtyard from Noon to 7:00 p.m. PROCLAMATIONS Mayor Herfert presented Steve Samaniego, Environmental Management Director with a proclamation from the City proclaiming May 15 — 19 as "Bike to Work Week." • Mayor Herfert, assisted by Steve Samaniego, Environmental Management Director, presented Christie Brown, President of West Covina Beautiful with a proclamation from the City proclaiming May as "West Covina Beautiful Month." Irene Fleck of West Covina Beautiful, presented certificates of recognition to following the West Covina Beautiful 2006 Poster Contest Winners: First Place - Laura Miller Second Place -Alexa Vargas Third Place - Christina Valdez Mayor Herfert presented Fire Marshall Greg Layton with a proclamation designating May 13, 2006 as Fire Service Recognition Day. Fire Marshall Layton announced the upcoming Fire Service Day on May 13, 2006 at Fire Station #2. ANNOUNCEMENTS City Manager Andrew Pasmant announced the following upcoming community events: Wednesday, May 3 — Medicare Drug Benefit Clinic at the West Covina Senior Center from 9:00 a.m. —noon. Saturday, May 6 — Cherry Blossom Festival at the West Covina Civic Center from noon to 7:00 p.m. Saturday, May 6 — Tip a Firefighter at Red Robin Restaurant from 5:00 p.m. — 9:00 p.m. All funds generated will be donated to the Muscular Dystrophy Association. Saturday, May 13 — Fire Department Open House at Fire Station #2 froml0:00 a.m. — 3:00 p.m. Wednesday, May 17 — Tip a Cop at BJ's Grill and Brewery from 5:00 p.m. — 10:00 p.m. All funds generated will be donated to the Muscular Dystrophy Association. Saturday, May 20 — Household Hazardous and E-Waste Roundup at City Yard from 9:00 a.m. — 3:00 p.m. The County of Los Angeles is looking for poll workers for the upcoming June 6, 2006 election. Interested persons may contact the City Clerk's Office for more information. ORAL COMMUNICATIONS isJohn Scheuplein John Scheuplein, West Covina resident will be addressing issues of the homeless, affordable housing and the need for volunteers at upcoming meetings. George Ogden George Ogden, West Covina resident, announced the upcoming event honoring Capt. Lillian Keil and memorial plaque dedication on Saturday, May 20, 2006. 2- Council minutes of May 2, 2006 r� u • Marilee Marrero Marilee Marrero, West Covina Librarian, announced upcoming Library events. Anna Lee Farber Anna Lee Farber, West Covina resident, promoted the Lions Club Fundraiser "Night on the Town" at the West Covina Lakes. Michael Miller Michael Miller, West Covina resident, addressed an earlier closed session item relating to Shadow Oak Park. Carolina Chacon Carolina Chacon, West Covina resident and Vice President of the Chamber of Commerce, thanked the Council and staff for their many joint partnerships. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed graffiti that has not been removed. Joanne Wilner Joanne Wilner, West Covina resident, addressed a closed session item held earlier this evening regarding Shadow Oak Park and parking issues for bicyclists. Don Carman Don Carman, West Covina resident, commended Athens Services during West Covina Clean -Up week. Bruce Leinbach Bruce Leinbach, West Covina resident, addressed issues surrounding the sale of park land and procedures that should be taken. Alfred Williams Alfred Williams, West Covina resident, addressed open space in the City and issues surrounding the undeveloped portion of Shadow Oak Park. City Attorney Arnold Alvarez-Glasman addressed speakers' concerns regarding the earlier closed session item regarding Shadow Oak Park stating that under the Brown Act the City Council has the right to take into closed session any offers to purchase that have been received. Any effort to proceed would require an open public hearing and all requirements of the Government code would need to be met. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Site Ouarterly Report BKK Landfill Update Special Counsel Colin Lennard presented the staff report providing an update of issues at the BKK Landfill site and of the Interim Agreement and Consent Decree with State agencies. Mr. Lennard answered questions from Council. John Scheuplein, West Covina resident, addressed groundwater remediation, complimented the City Manager's dedication to the project, and felt there is not enough information available to the public. Royall Brown, West Covina resident, commented that the update is now quarterly, not monthly as it had been, addressed groundwater contamination corrective action and requested more effort in disbursing information to the public. Mayor Herfert stated it might be possible to set up tours of the site. Bike to Work Week Councilmember Hernandez commented on Bike to Work Week and requested to agendize for Council concurrence a report as to whether there are any restricted funds or AQMD monies available for bike safety equipment. -3- Council minutes of May 2, 2006 Motion Motion by Herfert and seconded by Hernandez to receive and file the BKK Landfill report. Motion carried 5-0. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS • No reports for this meeting. CONSENT CALENDAR City Manager Pasmant requested Item D-5d be pulled for separate discussion and Councilmember Hernandez requested Item D-5a be pulled for separate discussion. D-1 City Council Meeting Minutes (receive & file) City Council Minutes Regular Meeting of March 21, 2006 Regular Meeting April 4, 2006 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Human Resources 03/08/06 b) Senior Citizens 04/13/06 D-3 Claims Against the City of West Covina (deny & notify claimant) Claims Against the City • Paul A. Alvarez vs. City of West Covina • Christina Maria Matta vs. City of West Covina • Anthony Champion vs. City of West Covina D-4 City Treasurer's Report (receive and file) Treasurer's Report Recommendation is that the City Council receive and file this report. D-5a Miscellaneous — Community Services Department 2006 Street Fair at the Lakes Proposed 2006 Street Fair at the Lakes Entertainment Center Recommendation is that the City Council: 1. Authorize staff to execute a contract for $15,000 or less with the West Covina Chamber of Commerce to operate the 2006 Street Market Fair at the Lakes Entertainment Center. 2. Relocate the Street Fair to the center of the lakes Development. D-5b Miscellaneous — Environmental Management Department Recycling Grant for FY 2006-7 Authorization to Apply for the California Beverage Container Recycling and Litter Reduction Grant for Fiscal Year 2006-2007 Recommendation is that the City Council authorize the submittal of an application to the California Department of Conservation's Division of Recycling for a California Beverage Container Recycling and Litter Reduction Grant for the fiscal year 2006- 2007. D-5c Miscellaneous — Finance Department 2005/06 3'a Qtr Budget Update 2005-2006 Fiscal Year 3`d Quarter Budget Update Recommendation is that the City Council receive and file this report. • D-5d Surplus Equipment Surplus Equipment Recommendation is that the City Council take the following action: 1. Authorize the sale by public auction of the surplus vehicles in accordance with Section 2-316 of the West Covina Municipal Code; 2. Gift the West Covina Chamber of Commerce with a surplus copier. Council minutes of May 2, 2006 D-5e Miscellaneous — Public Works Department Lighting & Mtc District Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's Report Recommendation is that the City Council receive and file this report. • CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to waive further reading of the resolution and adopt and approve all items except Item D-5d and D-5a. Motion carried by roll call vote: AYES: Hernandez, Lane, Sanderson, Touhey, Herfert NOES: None ABSTAIN: None ABSENT: None Item D-5a Proposed 2006 Street Fair at the Lakes Entertainment Center- Councilmember Hernandez requested more information regarding the $15,000 request from the Chamber. Interim Community Service Director Samaniego stated the request was for initial outlay costs not yet defined. Motion by Hernandez and seconded by Sanderson to amend the staff recommendation to include specific accounting of expenditures utilized by the $15,000. Motion carried 5-0 Item D-5d Surplus Equipment - City Manager Pasmant stated the City has received a letter from the City of New Orleans requesting monetary donations from Cities throughout the nation for new equipment and suggested the Council consider a 30-day notice to FEMA, New Orleans, or cities in the area of New Orleans of their interest of any of the surplus vehicles. Motion by Touhey and seconded by Sanderson to amend the staff recommendation to notify FEMA and cities in the New Orleans area if they have a need for any of the vehicles listed as surplus and if there is no response within 30 days to proceed with the sale by public auction. Motion carried 5-0 PUBLIC HEARINGS E-1 Protest Hearing Weed Abatement Citywide Weed Abatement 2006 Mayor Herfert announced the public hearing matter and Assistant City Clerk Rush verified the Affidavit of Mailing and that proper legal notice had been given. Motion by Hernandez and seconded by Lane to receive and file the Affidavit of Mailing. Motion carried 5-0. Mayor Herfert proceeded to open the hearing. Fire Chief Elliott presented the staff report. Assistant City Clerk Rush confirmed that no written protests or objections against performing the • proposed work had been received. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for the public's comments or objections. Closed Testimony With no one wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. -5- Council minutes of May 2, 2006 E-2 Public Hearing Public Works Specs 2006 Edition Adoption of the Standard Specifications for Public Works Construction 2006 Edition Mayor Herfert announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing. Public Works • Director Shannon Yauchzee presented the staff report. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Closed Testimonv With no one wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. Motion Motion by Sanderson and seconded by Lane to waiver further reading of the ordinance, read by title only and adopt. Motion carried by 5 — 0. COMMUNITY DEVELOPMENT COMMISSION Mayor Herfert recessed the City Council meeting at 8:28 p.m. to convene the Community Development Commission. The City Council reconvened at 8:29 p.m. with all members present. DEPARTMENTAL MATTERS G-1 Options for the Cortez Park Knoll Improvements (Project No. PP-06206A) Public Works Director Yauchzee presented the staff report detailing the various options and alternatives for this project. Royall Brown, West Covina resident, addressed grant funding and utilizing reclaimed water for the irrigation. Mayor Herfert supported the staff alternative to install turf and irrigation, which will allow use of the knoll area. Motion Motion by Sanderson and seconded by Herfert to utilize a maximum of $130,000 for turf and irrigation and $30,000 for security lighting for a maximum of $160,00 out of the $180, 000 authorized for the design. Motion carried 5-0. CONTINUED ORAL COMMUNICATIONS None. MAYOR'S /COUNCILMEMBERS' REPORTS I -I Policy for Naming City Facilities After Individuals Interim Community Services Director Steve Samaniego presented a brief summary of the report, which included a list of criteria developed in other cities for naming facilities and he recommended that the Council could possibly choose from this list of criteria for developing a policy. • Motion Motion by Herfert and seconded by Sanderson to adopt the City of Long Beach criteria for the development of a policy. Herb Redholtz, West Covina resident, supported developing a policy and also suggested they include that a super majority vote of Council be required to name a facility after an individual. wig Council minutes of May 2, 2006 Action Motion carried 5-0 to adopt the criteria of the City of Long Beach, as follows: • Recognition of individuals or families who have donated land or funds for capital projects; • Recognition in honor of persons who have served the • nation, state or city in an exceptional or distinguished manner where the contribution is of major significance. • Recognition in honor of deceased persons shall generally not take place until one year after their deaths. J-1 Request from Mayor Pro Tern Touhey to Modify Zoning Code to Allow Second Driveways Mayor Pro Tem Touhey presented his request to agendize a zone code modification as it relates to permitting a second driveway in order to store a recreational vehicle in an enclosed side or rear yard. Joanne Wilner, West Covina resident, commented on the proposed code amendment request. Motion by Touhey and seconded by Sanderson to agendize for Council consideration a resolution to initiate a code amendment pertaining to second driveways for Planning Commission review. J-2 Request from Mayor Steve Herfert Requesting the City to Consider Options in Response to the County of Los Angeles' Proposal to Have a Homeless Shelter in West Covina Mayor Herfert presented his request to direct staff to prepare a report providing options in response to the County of Los Angeles' proposal to have a homeless shelter in West Covina. John Scheuplein, West Covina resident, addressed Council on the need for homeless facilities and resources. Motion by Sanderson and seconded by Lane to direct staff to prepare a report regarding options in response to the County of Los Angeles' proposal to have a homeless shelter in West Covina. J-3 Request from Mayor Steve Herfert to Survey Other Cities on Procedures for Accepting Public Testimony Mayor Herfert presented his request to look at a new procedure regarding public testimony as previously suggested by a resident and encouraged the Council to look at options. Motion by Sanderson and seconded by Lane to direct staff to survey other cities and to evaluate their procedures. John Scheuplein, West Covina resident, supported the public be allowed to address Council on all subjects as they come before Council. Motion carried 4-1 with Hernandez voting no. • Councilmember Comments Councilmember Hernandez requested to agendize an action item to consider the abandonment of the current move to sell the park and direct staff to bring back the option of developing the park. Discussion ensued regarding procedures to place an item on the agenda per the Council Standing Rules. Councilmember Hernandez stated there are ample reports available in order for an action to be placed on the agenda. -7- Council minutes of May 2, 2006 Following further discussion regarding the Council Standing Rules and Council direction given in closed session to commence good faith negotiations with the Rowland Unified School District, Mayor Herfert stated that Councilmember Hernandez's request for an action item to be placed on the agenda was in violation of the • Standing Rules and would not allow it on the agenda. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn in memory of Virgil Farnsworth at 9:05 p.m. Motion carried 5-0. Submitted by ssistant City lerk Susan Rush 0 Mayor Stev He rt