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10-19-2004 - RegularTuesday October 19, 2004 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pm Council Chambers Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue, West Covina and at www.wtsicovina.org. The City complies with the Americans With Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Friday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. INVOCATION PLEDGE OF ALLEGIANCE Councilmember Hernandez ROLL CALL Miller, Sanderson, Herfert, Hernandez, Wong REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA APPROVAL OF MINUTES PRESENTATIONS * Blue Star Video * Resolution of Commendation Shirley Markowitz, Senior Citizen Commissioner Harold Sarnecki, Senior Citizen Commissioner * Certificate of Recognition CALIFORNIA DISTINGUISHED SCHOOLS 1 CERTIFy THAT COPIES gOf TkE COUNcil AgENdA FOR ThE MEETING Of ID / I g /O; WERE posTEd IN ACCORdANCE WITk ThE 1/87 BROWN Acr AMENdmmm West Covina Unified School District Merlinda Elementary San Jose -Edison Academy Covina Valley Unified School District Mesa Elementary Rowland Unified School District Hollingworth Elementary TITLE I ACADEMIC ACHIEVEMENT AWARD West Covina Unified School District Merced Elementary Merlinda Elementary Orangewood Elementary Wescove Elementary Rowland Unified School District Hollingworth Elementary * Proclamation Presentation Red Ribbon Week — October 23-29, 2004 * ACE Project Video City Council Agenda for Octob*9, 2004 ADDRESSING THE CITY COUNCIL (3 minutes each speaker) If you would like to address the City Council regarding a municipal matter that is not on the Agenda, please complete a Speaker's Card and submit it to the City Clerk any time prior to Oral Communications - Item A on the Agenda. You may approach the podium when called upon by the Mayor. If you would like to address the City Council regarding an item on the Agenda, including Public Hearing matters, please complete a Speaker's Card and submit it to the City Clerk any time prior to the item being discussed. Citizen comments will be taken at the time the subject matter is considered by the City Council. You may approach the podium when called upon by the Mayor. Speaker's Cards are available on the table at the entrance to the Council Chambers. A) ORAL COMMUNICATIONS — 30 Minutes Total Allotted Time (3 minutes each speaker — Ordinance No. 502 adopted October 22, 1956) B) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS No items C) CONSENT CALENDAR I) Commission Summary of Actions (receive & file) a) Community Services .......................................... 09/14/04 b) Joint Community Services/Planning ........................ 09/15/04 c) Planning......................................................... 09/28/04 2) Ordinance for Adoption (waive reading & adopt) Code Amendment No. 04-03 Sale of Alcohol for Off -Site Consumption This ordinance was introduced at the City Council meeting of October 5, 2004. This ordinance amends the Municipal Code relating to the sale of alcohol for off - site consumption. The effective date of this ordinance, once adopted, will be November 17, 2004. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION (CODE AMENDMENT NO. 04-03) 3) Claims Against the City of West Covina (deny & notify claimant) a) Cynthia Huffman vs. City of West Covina b) Wlodzimierz Janczak vs. City of West Covina c) Julian Ramirez vs. City of West Covina 4) Award of Bids _Resection of Bids for Safety Netting at Two Parks (Project No. YP-05603) It is recommended that the City Council reject all bids submitted at the bid opening on September 21, 2004, and authorize the Public Works Director/City Engineer and City Clerk to re -bid this project. 10/19/04 Agenda material is available at www.westcovina.org City Council Agenda for OctobO9, 2004 • 5) Miscellaneous — Public Works Department a) Adoption of the Disadvantaged Business Enterprise Program In Order to Receive Federal Funds for Street Improvements It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND DIRECTING ITS IMPLEMENTATION b) Formation of Mello -Roos Community Facilities District for BKK Site It is recommended that the City Council consider the local goals and policies for implementing the Mello -Roos Act and adopt the following resolution: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING LOCAL GOALS AND POLICIES CONCERNING DISTRICTS FORMED PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 In addition, it is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENT TO ESTABLISH THE COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITIES DISTRICT Miscellaneous — Environmental Management Department c) Authorization to Submit Application for Assembly Bill 939 (AB 939) Reuse Assistance Grant and Adoption of Resolution Approving Participation in the AB 939 Reuse Assistance Grant Program for FY 2004/2005 It is recommended that the City Council: 1. Authorize the submittal of an application for the AB 939 Reuse Assistance Grant in the amount of $15,000; 2. Authorize the expenditure of a maximum of $30,000 from the restricted Integrated Waste Management Fund #129.52.5220; and 3. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PARTICIPATION IN THE AB 939 REUSE ASSISTANCE GRANT PROGRAM FOR FY 2004/2005 ACTION ON CONSENT CALENDAR ITEMS NUMBER C-la — C-5c: Motion by 2 nd by to waive further reading of the resolution/ordinance and adopt/introduce: and to approve all other items except: ROLL CALL: Herfert, Hernandez, Sanderson, Wong, Miller END OF CONSENT CALENDAR 10/19/04 3 Agenda material is available at www.westcovina.org City Council Agenda for OctobO9, 2004 11 D) PUBLIC HEARINGS No Public Hearings scheduled E) COMMUNITY DEVELOPMENT COMMISSION No Community Development Commission meeting scheduled F) DEPARTMENTAL MATTERS PUBLIC WORKS 1) South Azusa Avenue Capacity Enhancement Study (Project No. SP-01125) It is recommended that the City Council take the following actions: Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND CERTIFYING THE STATE ENVIRONMENTAL DOCUMENT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED 2. Direct staff to pursue grant funding for the intersection improvements only, including at -grade improvements at Azusa Avenue and Amar Road, and not to pursue the street widening. 3. Pursue grant funding for a Corridor Study to explore alternatives to widening. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over FIRE DEPARTMENT 2) Council Approval of the City of West Covina Hazard Mitigation Plan It is recommended the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ADOPT THE CITY OF WEST COVINA HAZARD MITIGATION PLAN Motion by 2ad by - waive further reading of the resolution and adopt disapprove hold over [Cal 10/19/04 4 Agenda material is available at www.westcovina.org City Council Agenda for Octob109, 2004 • PLANNING DEPARTMENT 3) Request for Waiver of Fees Associated with Temporary Use Permit for Abundant Living Word International Event Staff recommends that the City Council deny the request of Abundant Living Word International to waive all permit fees associated with the issuance of a temporary use permit (TUP) for their Harvest Festival on October 31, 2004. Motion by 2nd by approve disapprove hold over HUMAN RESOURCES DEPARTMENT to 4) City Council Benefit Adjustments Staff is seeking policy direction on whether or not to amend the City Council benefits resolution in order to link their benefits to those of the City Manager. If direction to do so is given, the following resolution would need to be adopted: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2002-24 AND 2003-96 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS AND COMPENSATION FOR CITY COUNCIL Motion by 2°d by - waive further reading of the resolution and adopt disapprove hold over FINANCE DEPARTMENT to 5) Deferred Compensation Proposal Direct staff to further analyze this matter and discuss the alternatives with City employees. Motion by 2"d by to COMMUNITY SERVICES 6) Proposed Special Events for FY 2004-2005 It is recommended that the City Council provide staff with direction and approval of the proposed Special Events funded by the $11,800 discretionary funds in Account No. 45150-6188 for Fiscal Year 2004-2005. Motion by to CITY CLERK'S OFFICE 2nd by 7) 2005 General Municipal Election It is recommended that the City Council review the alternatives and direct staff to prepare for the municipal election accordingly. Motion by [no 2nd by 10/19/04 Agenda material is available at www.westcovina.org City Council Agenda for Octob*9, 2004 G) CONTINUED ORAL COMMUNICATIONS (3 minutes Each Speaker) This is the time for citizens to address the City Council if the thirty -minute time allotment at the beginning of the meeting was exhausted. H) MAYOR'S REPORTS 1) Appointment of City Council Representative to San Gabriel Valley Mosquito & Vector Control District Board of Trustees It is recommended that the Mayor make one of the following appointments to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees, subject to City Council confirmation. 1. Appointment of a Councilmember to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year teen; or 2. Appointment of a Councilmember to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a four-year term. Motion by to 2nd by 2) Proposition 68 — Non -Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute. 3) It is recommended that the City Council adopt one of the following resolutions opposing or supporting Proposition 68. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 68 — NON -TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE M• RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION 68 — NON -TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE Motion by 2nd by_ waive further reading of the resolution and adopt disapprove hold over to City Council Liaison Meetings Highlights It is recommended that the City Council receive & file this informational report. Motion by to receive & file 2nd by 10/19/04 6 Agenda material is available at www.westcovina.org City Council Agenda for Octoblek, 2004 I) COUNCIL MEMBERS' REPORTS 1) Councilmember Wong Proposition 1 A — Protection of Local Government Revenues It is recommended that the City Council adopt the following resolution supporting Proposition 1 A - Protection of Local Government Revenues. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION IA - PROTECTION OF LOCAL GOVERNMENT REVENUES Motion by 2nd by - waive further reading of the resolution and adopt disapprove hold over to 2) Councilmember Wong Proposition 70 — Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State. Initiative Constitutional Amendment and Statute. It is recommended that the City Council adopt one of the following resolutions opposing or supporting Proposition 70. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 70 - TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE N' RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION 70 - TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE Motion by 2°d by_ waive further reading of the resolution and to adopt disapprove hold over 3) Councilmember Hernandez Update on the Ouail Ridge Shopping Center (3620 — 3670 S. Nogales Street) It is recommended that the City Council receive and file this report. Motion by 2°d by to receive & file ADJOURNMENT Motion by 2"d by to adjourn the meeting at pm. Tentative City Council Meetings Thursday Oct. 21 7:00 pm Community Room Joint meeting with COG Tuesday Nov. 2 7:00 pm Council Chamber Regular meeting Tuesday Nov. 16 7:00 pm Council Chamber Regular meeting 10/19/04 7 Agenda material is available at www.westcovitia.org