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01-07-2003 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL JANUARY 7, 2003 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:03 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the invocation and John Lindow led the Pledge of Allegiance. ROLL CALL Mayor Touhey, Mayor Pro Tern Herfert, Councilmembers Miller, Sanderson, Wong Others Present: Pasmant, Alvarez-Glasman, Yauchzee, Hoppe, Durbin, Freeland, Tompkins, Rodriguez, Tedesco, Bachman, McIsaac, Wills, Fields, Anderson, Samaniego, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the City Council met in closed session as properly noticed and all members of the City Council were present. In relation to the RDA conference item regarding property negotiations with BKK, by a vote of 5-0, direction was given to staff to proceed with the final acquisition terms as expressed in closed session. In relation to the City Council conference items, no final actions were taken, therefore nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant stated that the Award of Bid regarding the construction of concrete bus pads (Item B-4) was pulled from this evening's agenda and would be considered at the next Council meeting. APPROVAL OF MINUTES The following sets of minutes were approved as presented: Special meeting of November 19, 2002 Regular meeting of November 19, 2002 Special meeting of December 3, 2002 Regular meeting of December 3, 2002 Special meeting of December 10, 2002 Special meeting of December 18, 2002 PRESENTATIONS City Manager Pasmant introduced a short video on the 2003 West Covina Rose Parade Float. Communications Director Durbin introduced a short 9-1-1 Public Service Announcement video, which explained the need for telephone callers to stay on the line if they have dialed 9-1-1 by accident. Accidental 9-1-1 calls tie up police officers who may be needed elsewhere for a real emergency. Mayor Touhey introduced a short video on the recent Winter Fest at City Hall held December 7, 2002. Council Minut&of 1/7/03 • • ORAL COMMUNICATIONS Corey Warshaw Councilmember Miller assisted the Mayor in recognizing Elba Comeau for her work at Coronado Alternative School and other community events. Councilmember Herfert assisted the Mayor in recognizing Elizabeth Geiger for her work as the Director of the Community Food Bank of West Covina. Corey Warshaw, 3330 E. Holt Avenue, addressed various options suggested by the Governor of California in solving the state budget problems, including the keeping of Vehicle License Fees. Emma Fischbeck Emma Fischbeck, 130 Barranca Street #128, addressed Council as the Courtyard Homeowners Association President. She explained the cost of bin services for her condominium complex, which is double the commercial rate for exactly the same level of service. Martha Aviles Martha Aviles, 208 N. Mardina Street, complained about the power outage in her neighborhood that has gone on for about 48 hours. Staff was directed to contact Southern California Edison on her behalf. John Shewmaker John Shewmaker, 1825 Borrego Street, commented on the up- coming election campaigning period. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, appreciates the new beautiful Hummer sign at West Covina's Auto Row. Terry Galzote Terry Galzote, 742 N. Hartley, thanked Council for past support of his organization, the Filipino -American Community of San Gabriel. He announced future events in West Covina and flyers will be available in the near future. Councilmember Herfert related his records since 1990 in response to comments made earlier by Corey Warshaw relative to actions taken by Council with past budgets. CONSENT CALENDAR Commission Summary of Action (receive & file) Personnel Commission 10/9/02 Waste Management/Environmental Quality 11/21/02 Ordinances for Adoption (waive reading & adopt) Ordinance 2092 - ORDINANCE NO. 2092 — AN ORDINANCE OF THE CITY Zone Change 02-01 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-01 (2461 and 2465 Grand Avenue) Ordinance 2093 - ORDINANCE NO. 2093 — AN ORDINANCE OF THE CITY Speed Limit on Workman COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS City Treasurer's Report (receive & file) Report for the month of November 2002 K Council Minutes of 1/7/03 I • Award of Bid Construction of Concrete Bus Pads — SP 03106 SP 03106 - Recommendation is to take the following actions: Concrete Bus Pads 1) Authorize the transfer of $40,000 (Proposition "A" funds) from Project No. SP-03115 (Account No. 121-323-3349-7200) to Project No. SP-03106 (Account No. 121-320-3340-7200). 2) Accept the lowest responsive bid of Gentry Brothers in the amount of $122,275 as submitted at the bid opening on December 12, 2002. 3) Authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers of Irwindale, California, for the work to be done. Miscellaneous — Public Works National Pollutants Discharge Elimination System (NPDES) — Aoneal to State Court Recommendation is to take the following actions: 1) Adopt the following resolution: Resolution 2003-1 RESOLUTION NO. 2003-1 — A RESOLUTION OF THE NPDES Permit CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE FILING OF A LAWSUIT CHAL- LENGING THE STORM WATER/URBAN RUNOFF PERMIT FOR THE COUNTY OF LOS ANGELES AND THE INCORPORATED CITES THEREIN, EXCEPT THE CITY OF LONG BEACH (NPDES NO. CAS004001) 2) Authorize the Public Works Director/City Engineer to issue a Purchase Order in the amount of $3,000 from Public Works Sewer Operating Fund (Account No. 189-326-2257- 6120) to the Coalition for Practical Regulation (CPR). CONSENT CALENDAR ACTION Motion by Wong and seconded Sanderson to waive further reading of the resolution/ordinances and adopt; and to approve all other items except B-4 (pulled earlier in the meeting by the City Manager), and B-2a. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Touhey, Wong NOES: None ITEM B-2a In relation to Item B-2a (Zone Change No. 02-01 re 2561 and 2465 Grand Avenue), Councilmember Sanderson stated that her vote for the record would in opposition. City Clerk Berry read the title of Ordinance No. 2092. Motion by Wong and seconded by Miller to waive further reading and adopt. Motion carried 4-1 with Sanderson voting no. HEARING CODE AMENDMENT NO. 02-02 RELATED TO WALLS, FENCES AND HEDGES (INCLUDING DRIVEWAY CUTBACK AREA) City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the public hearing. Planning Director McIsaac presented the staff report. He also responded to written questions submitted by Joanne Wilner, 2108 Casa Linda. Public Testimony Mayor Touhey asked for testimony in favor of the code amendment. No one addressed the City Council. He then asked for comments in opposition. No comments were offered in oppo- Testimony closed sition and he closed the public testimony portion of the hearing. Councilmember Miller discussed a concern regarding the height of wrought iron fences on street corners creates a sight obstruction. 3 Council Minutes of 1/7/03 • • He suggested that pilasters not be allowed in those areas. He suggested that staff devise a way to get the word out to residents who are interested in constructing such a fence need to come in to Planning for a consultation before beginning. Councilmember Herfert noted that the intent of this amend- ment is to be enforced from this point forward, not to seek violations caused by construction in the past. City Clerk Berry presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Coe Amendment 02-02 OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WALLS, FENCES AND HEDGES IN SINGLE- FAMILY RESIDENTIAL ZONES (Code Amendment No. 02-02) Motion by Herfert and seconded by Sanderson to waive further reading of the ordinance and to adopt. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None HEARING RESOLUTION AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS, 2003 SERIES A COMMUNITY CENTER PROJECT) Lease Revenue Bonds City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. Finance Director Bachman presented the staff report. The Councilmembers asked several questions concerning the bonding structure and the following individuals responded: Mr. Bachman, Finance Director; Fred Kuhlman, Fulbright & Jaworski; and Suzane Harrell, Harrell and Company. City Manager Pasmant assured the City Council that he would verify that the anticipated usage of the bond proceeds is within the parameters set by law. In response to a question from Councilmember Wong, Finance Director stated that he would provide a report on the operational (revenues versus expenditures) budgets for the last three years and the current year, apart from capital projects. Public Testimonv Mayor Touhey opened the hearing for public testimony and asked for comments in favor of the subject matter and the following spoke: Royal Brown Royal Brown, 2153 Aroma Drive Mayor Touhey then asked for comments in opposition and the following spoke: Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, #128, stated that she didn't object to the actual project, but that the location was wrong for it. It should be located somewhere else in the City. Testimony Closed Mayor Touhey closed the public testimony portion of the hearing. City Clerk Berry presented Resolution 2003-2 RESOLUTION NO. 2003-2 — A RESOLUTION OF THE Lease Revenue Bonds CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING AND APPROVING A PROJECT LEASE, A LEASE AGREEMENT, A PRELIMINARY OFFICIAL STATE- MENT, A FINAL OFFICIAL STATEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND A BOND PURCHASE AGREEMENT; APPROVING THE RETENTION OF CERTAIN PROFESSIONAL FIRMS; AND AUTHORIZING THE TAKING rl Council Minutes of 1/7/03 • • OF CERTAIN OTHER ACTIONS IN CONNECTION THERE- WITH Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 3-2 with Miller and Wong voting no. REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:25 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 10:02 pm with all members present. PUBLIC FINANCING AUTHORITY Mayor Touhey recessed the City Council meeting at 10:02 pm to convene the Public Financing Authority meeting. The City Council reconvened at 10:05 pm. with all members present. DEPARTMENTAL MATTERS FINANCE DEPARTMENT Business License Fees for Video Arcades Business License Fees Mayor Touhey stated that since he has video arcades within his for Video Arcades business as an ancillary use, he would step down and turn the gavel over to Mayor Pro Tern Herfert in compliance with conflict of interest laws. Councilmember Sanderson requested that the item be held over for additional information that she hasn't received yet. Motion by Sanderson and seconded by Herfert to holdover until the next Council meeting. Motion carried 4-0-1 with Touhey abstaining. Mayor Pro Tern Herfert returned the gavel to Mayor Touhey. Recess Mayor Touhey called a recess at 10:07 pm. The City Council reconvened at 10:25 pm with all members present. MAYOR'S REPORTS WEST COVINA HONORS PROGRAM City Manager. Pasmant presented the staff report. Motion by Herfert and seconded by Miller to approve and authorize marketing the "West Covina Honors Award Program." Motion carried 5-0. APPOINTMENT OF CITY COUNCIL REPRESENTATIVE TO SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD OF TRUSTEES Council reviewed the staff report. Motion by Sanderson and seconded by Miller to reappoint Councilmember Steve Herfert as the City's representative to the S.G.V. Mosquito & Vector Control District. Motion carried 5-0. CREATION OF A CITY OF WEST COVINA EDUCATION COMMITTEE/COMMISSION Mayor Touhey requested that this item be held over to some future meeting. 5 Council Minutes of 1/7/03 • • RE-ESTABLISHMENT OF STUDENT GOVERNMENT DAY FO HIGH SCHOOLS SERVING WEST COVINA Council reviewed the staff report and concurred on suggesting that the City Manager volunteer Administrative Analyst Chris Freeland to handle this program. COUNCH.MEMBERS' REPORTS Councilmember Wong — Athens Services Trash Collection Multi -Family Rates Information Council reviewed the staff report. Councilmember Wong requested staff verify number of bins for major multi -family complexes in actuality versus the numbers asserted in the Athens Services letter. Mayor Touhey requested staff to also double check number of bins and cans. Councilmember Sanderson noted that there was also some confusion as to the rates. Motion by Herfert and seconded by Sanderson to hold over this matter until February 4 for the requested clarifications. Motion carried 5-0. Councilmember Miller — 2002/03 Budget Update Councilmember Miller noted his appreciation for the information City Manager Pasmant presented further information with slides Motion by Miller and seconded by Sanderson to receive and file Motion carried 5-0. Councilmember Herfert requested an update of the Parole Office for the next Council meeting. On another matter, he noted that Mayor Touhey sent a letter to Accessible America 2002 Award Competition seeking an award for the City's achievement in the ADA Committee. ADJOURNMENT Motion by Miller and seconded by Touhey to adjourn the meeting at 10:50 pm in memory of Isabel Harris, a long-time resident of West Covina and neighbor of Councilmember Miller; and Mayor Touhey also requested adjournment in memory of Randy Brown, a recent West Covina High School graduate who died in a skiing accident. Motion carried 5-0. Attest: 1 v ^tom City Clerk Janet Be Mayor Michael Touhey M,