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04-05-2005 - RegularTuesday April 5, 2005 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 So., West Covina, and at www.westeovina.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 Pastor Chris Pipes Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Hernandez ROLL CALL Sanderson, Wong, Herfert, Hernandez, Miller REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Blue Star Video * Presentation Community Development Commission Annual Report * Blue Star Presentation Marlene Thrasher * Certificates of Recognition Mr. Silvino Montagner Mrs. Isidora Montagner Mr. Jesus Anquiano Matthew Anquiano Mr. Larry Griffith PROCLAMATIONS Child Abuse Prevention Month — April 2005 National Library Week — April 10 — 16, 2005 1 cERrtfy 4%T ooplEs of Am CwmA Acp& fat do MEETINq Of '4 % S /D GWM posTEd IN AcooadnNce wIT1t lk 1187 Bw m Act Auux6um DATEd: " J 1 / D S- O is of THE Ory City Council Agenda for Aril 5, 2005 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) LIE C) D) ORAL COMMUNICATIONS — 30 Minutes Total Allotted Time (3 minutes each speaker — Ordinance No. 501 adopted October 22, 1956) UPDATES/REPORTS FROM CONSULTANTS 1) BKK Landfill Site Monthly Status Report It is recommended that the City council receive and file this report. Motion by receive and file. 2„d by to ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS 1) Public Works Parks Irrigation Improvements — Use of Park Dedication Fees (Proiect No. PP-05204) It is recommended that the City Council direct staff to use the original funds for this project as approved in the 2004-2005 Capital Improvement Program (CIP) budget, and award of bid of January 14, 2005, and to restrict future projects to the use of funds only within district on a case -by -case basis. Motion by approve disapprove CONSENT CALENDAR 2nd by hold over 1) Commission Summary of Actions (receive & file) 04/05/05 to a) Human Resources....................................................02/09/05 b) Community Services ............. ..................................... 03/08/05 c) Senior Citizens.........................................................03/10/05 d) Joint Community Services/Senior Citizens ........02/22/05 & 02/24/05 e) Planning...............................................................03/22/05 f) Joint Planning/Community Services..............................03/22/05 2 Agenda material is available at www.westcovina.org City Council Agenda fort pril 5, 2005 9 D) CONSENT CALENDAR (continued) 2) Claims Against the City a) Laura Salazar vs. City of West Covina It is recommended that the personal injury claim of Laura Salazar be denied and the claimant's attorney be so notified. b) Steven Robison vs. City of West Covina It is recommended that the property damage claim of Steven Robison be denied and the claimant be so notified. c) Karen A. Minnifield vs. Citv of West Covina It is recommended that the wrongful death claim of Karen A. Minnifield be denied and the claimant's attorney be so notified. d) Ricardo Feria vs. Citv of West Covina It is recommended that the property damage claim filed by Ricardo Feria be denied and the claimant be so notified. e) Eugenia Heredia vs. City of West Covina It is recommended that the personal injury claim of Eugenia Heredia be denied and the claimant be so notified. f) Magdalena Nena Falk, et al vs. City of West Covina et al It is recommended that the wrongful death claim filed on February 24, 2005, be denied and claimant's attorney be so notified. 3) Award of Bid 04/05/05 a) Award of Bid for Police Department Restroom ADA Renovations (Proiect No. BP-04306) It is recommended that the City Council 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. b) Award of Bid for Street Rehabilitation Work for Residential Streets (Project No. SP-05108) It is recommended that the City Council take the following actions: Appropriate $670,000 Community Development Block Grant (CDBG) fund from an appropriated CDBG fund balance to Project No. SP-05108 (Account No. 131.81.8526.7200). 2. Transfer $280,000 in CDBG fund 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. 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 Agenda material is available at www.westcovina.org 11' City Council Agenda for 11ril 5, 2005 • D) CONSENT CALENDAR (continued) 3) Award of Bid c) Award of Bid for Construction of Sidewalk (Project No SP-05106) It is recommended that the City Council take the following actions: I. 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. 4) City Treasurer's Report (receive & file) Treasurer's Report for the Month of February 2005 5) Miscellaneous — Fire Department a) Signature Authority for Disaster Preparedness and Recovery Documentation Processing 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, AUTHORIZING THE CITY MANAGER, FINANCE DIRECTOR. AND/OR THE FIRE CHIEF TO ENTER AND EXECUTE THE APPLICATIONS AND DOCUMENTS FOR ALL PRE AND POST DISASTER FUNDING ACTION ON CONSENT CALENDAR ITEMS NUMBER D-la THROUGH D-5a: 04/05/05 Motion by 2"d by to waive further reading of the resolution and adopt: and to approve all items except: ROLL CALL: Herfert, Hernandez, Miller, Wong. Sanderson END OF CONSENT E Agenda material is available at www.westcovina.org City Council Agenda forfril 5, 2005 • E) HEARINGS F) G) 1) Public Hearing FY 2005-2006 CDBG Public Services Project Funding a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the city council allocate $282,519 CDBG funds to the 17 Public Service Projects as outlined in the staff report Attachment A, column 10. Motion by 2nd by to approve disapprove COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at _ Reconvene the City Council meeting at DEPARTMENTAL MATTERS FINANCE DEPARTMENT hold over pm to convene the CDC. 1) Appointment of Budget Committee Members 04/05/05 pm. It is recommended that the City council take the following actions: 1. That each member of the City Council announce their appointment to the Budget Committee; and, 2. That the City Council appoint 5 additional committee member by a 4/5ths vote. Motion by 2"d by to approve disapprove 5 hold over Agenda material is available at www.westcovina.org City Council Agenda for til 5, 2005 • • G) DEPARTMENTAL MATTERS (continued) COMMUNITY DEVELOPMENT COMMISSION 2) Request for Proposals for Development of a 10-Acre Site for the Development of Housing and Public Park City staff recommends that the City Council approve the attached Request for Proposal and proposed timeline. Motion by approve PLANNING DEPARTMENT disapprove 2nd by hold over to 3) Interim Urgency Ordinance Establishing a Moratorium of Demolition of Historical Structures Introduction Adoption Staff recommends that the City Council adopt the following interim urgency ordinance establishing a moratorium on the demolition of historical structures pending the completion of a historic survey and potential adoption of a permanent ordinance to establish a historic preservation program to protect historical resources in the City of West Covina. ORDINANCE NO. - AN ORDINANCE OF THE CITY 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 2nd by_ to waive further reading of the ordinance and introduce disapprove hold over Motion by adopt 2nd by disapprove_ hold over H) CONTINUED ORAL COMMUNICATIONS 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. 04/05/05 6 Agenda material is available at www.westcovina.org City Council Agenda for1pril 5, 2005 9 I) J) MAYOR'S REPORTS 1) Review of City Council Standing Rules sand City Municipal Code Pertaining to City Council Meetings City staff recommends that the City Council receive and file this informational report. Motion by 2nd by approve disapprove hold over to 2) Agency Appointment of City Council Representatives to Other Agencies It is recommended that the Mayor make appointments to the various organizations described in the staff report, subject to City Council confirmation. Motion by 2nd by to approve disapprove COUNCILMEMBERS' REPORTS 1) 2) 04/05/05 Councilmember Miller hold over Letter of Opposition — AB 991 (DeVore) — Mosquito Abatement & Vector Control Districts It is recommended that the City Council forward a letter in opposition to AB 991 to all state elected officials representing the City of West Covina. Motion by approve disapprove 2nd by hold over Councilmember Miller BLD Termination Issue and Related Robert's Rules of Order Procedural Matters No recommendation is provided by staff. Motion by 2nd by approve disapprove hold over to to Agenda material is available at www.westcovina.org • City Council Agenda for April 5, 2005 • J) COUNCILMEMBERS' REPORTS (continued) 3) Councilmember Hernandez Ordinance Regulating the Display in Public Places of Material Harmful to Minors It is recommended that the City Council introduce the following ordinance: 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 XII REGULATING THE DISPLAY IN PUBLIC PLACES OF MATERIAL WHICH IS HARMFUL TO MINORS Motion by 2"d by_ to waive further reading of the ordinance and introduce disapprove hold over It is recommended that the City Council consider whether this ordinance should be enforced by members of the code enforcement team. If this is the direction of the City Council, then Article I, section 1-37 of the West Covina Municipal Code will be amended to include reference to this new Article. ADJOURNMENT Motion by Motion by approve disapprove 2nd by hold over to 2"d by to adjourn the meeting at pm. Tentative City Council Meetings Tuesday April 19 7:00 p.m. Council Chambers Tuesday May 3 7:00 p.m. Council Chambers Tuesday May 17 7:00 p.m. Council Chambers 04/05/05 g Regular Meeting Regular Meeting Regular Meeting Agenda material is available at wwmwestcovina.org