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04-19-2005 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 19, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:17 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION City Manager Andrew Pasmant PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Wong ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong, Councilmembers: Herfert, Hernandez, Miller Others Present: Pasmant, Alvarez-Glasman, Fields, Samaniego, Melsaac, Chung, Lee, Freeland, Yauchzee, Bachman, Sindelar, McDonald, Anderson, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: The City Council and Community Development Commission commenced the special meeting at 5:57 p.m. Prior to recessing into closed session all items scheduled on both agendas were announced for inclusion in the closed session discussion. Items on the City Council agenda: Conference with Legal Counsel — Existing Litigation — Two Cases: Council received a briefing from legal counsel on both cases, City of West Covina vs. Charter Communications and Michael Newton vs. City of West Covina, and direction was provided to legal counsel, no final action, nothing further to report. Conference with Labor Negotiators : Regarding the various employee groups as posted on the agenda, no final action was taken, nothing further to report. Items on the CDC agenda: Conference with Real Property Negotiators — Northeast quadrant of, Amar Rd./Azusa Ave, Parcel I Commission received briefing from counsel, item is on the open session agenda for consideration this evening. 2538 E. Garvey Avenue — CDC received briefing, direction was provided to staff, item will be brought back at the next meeting regarding an extension of the ENA. 207 N. Citrus Street — CDC received briefing, direction was provided to staff and will be brought back when appropriate. CHANGES TO THE AGENDA City Manager stated there were no changes to the agenda. Council discussed and concurred to bring CDC Item IIC forward due to presentation by a consultant. Councilmember Herfert requested item J-2 be held over to the next meeting. PRESENTATIONS Blue Star Video was aired. Chairman of the Senior Citizens Commission, George Gliaudys, presented former Senior Citizens Commissioner John Scheuplein a resolution of commendation for his work as a commissioner. Council Minutes 04/19/05 Mayor Sanderson presented certificates of recognition to the West Covina High School Co -Ed Dance/Drill Team for their accomplishment at the 2005 U.S. Dance/Drill National Competition on April 1 & 2, 2005. • Mayor Sanderson; assisted by Environmental Management Director Steve Samaniego and Irene Fleck of West Covina Beautiful, presented certificates of recognition to the following West Covina Beautiful 2005 Poster Contest Winners: • Andrea Hamel — Merit • Michael Wu — Merit • Jesus Plascencia — Third Place • Daniel Hernandez — Second Place • Holly Ta — First Place Mayor Sanderson assisted by Environmental Management Director Steve Samaniego presented a proclamation to Irene Fleck and Geneva Nixon of West Covina Beautiful for their service to the community. Mayor Sanderson presented Environmental Management Director Steve Samaniego a proclamation designating April 22 as Earth Day and a proclamation recognizing April 23 through May 21 as Clean -Up Saturdays. Mayor Sanderson recognized El Dia de Los Nines as April 30t' 2005. ORAL COMMUNICATIONS Glen Nakatomi, President of the East San Gabriel Valley Japanese Center, assisted by Michelle Roe presented the Councilmembers with a Hocki coat and invited the Council and all residents to the 3rd annual Cherry Blossom Festival. Herb Redholtz, West Covina resident, addressed the proposed development of a portion of Shadow Oak Park and any negative impact to the value of homes in the area. Ferdy Chan, West Covina resident, thanked the Council for recognizing Earth Day and commented on the contract with Athens Disposal and BKK. Anela Freeman, representing the Office of Congresswoman Hilda Solis, announced upcoming events sponsored by the Congresswoman and presented Mayor Pro Tem Wong with a plaque recognizing his mother. John Scheuplein, West Covina resident, requested Council to expand the oral communications time limit and hold a separate meeting date for the Community Development Commission meetings. Katherine Castucci, West Covina resident, addressed the loan • request of Mr. Ziad Alhassen. Jefferson DeRoux, West Covina resident, addressed the trashcan placed next to his property for bus shelter usage. Ed Casanova, West Covina resident, stated he attended the 2005 White House Conference on Aging and spoke on the need of housing for senior citizens. 2 Council Minutes 04/19/05 Tyra Mason, representing the West Covina Chamber, promoted the West Covina Farmers Market. UPDATES/REPORTS FROM CONSULTANTS B-1 BKK Landfill Update • Special Counsel Colin Lennard presented staff report providing an update of issues at the BKK Landfill site and answered questions from Council. John Scheuplein, West Covina resident, shared his concerns regarding the leakage from the wells. Ferdy Chan, West Covina resident, addressed both the Class I and Class III areas and requested that equal attention be given to both areas. Royall Brown, West Covina resident, commented on the changes to the Community Survey and encouraged the Council to also submit a survey themselves. Motion by Herfert and seconded by Hernandez to receive and file the report. Motion carried 5-0. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Planning Department Interim Urgency Ordinance Establishing a Moratorium on Demolition of Historical Structures C-1 Planning Director McIsaac stated that notifications were sent to property owners with home constructed prior to 1946 and potentially affected by the proposed ordinance and also mentioned that the legal opinion requested at the March 29 meeting was delivered to Council under separate cover. Staff report was presented which provided a brief overview of what the moratorium ordinance would do if adopted. McIsaac responded to questions from Council. The following individuals voiced their concerns with the specifics of the moratorium ordinance, and the definition of "historical structure" as defined in the ordinance. Linda Ortega, West Covina resident Ferdy Chan, West Covina resident Bruce Harrison, West Covina resident Milan McKinney, West Covina resident Cheryl and Ed Woodbury, West Covina resident Veronica Madrigal, West Covina resident Cynthia Cabrera, West Covina resident Susan Rogers, West Covina resident Carl Rogers, West Covina resident Gladys Jazo, West Covina resident • A.J. Smith, West Covina resident Marcel Jones, West Covina resident John Simmons, West Covina resident Annie Mondino, West Covina resident Connie Sampson von Kohler, West Covina resident John Scheuplein, West Covina resident Elizabeth Hurney, West Covina resident Andrew Bliss, West Covina resident Miriam Tennant, representing the Historical Society Council Minutes 04/19/05 Jerry Terry, West Covina resident Jose Antonio Sanchez, West Covina resident Royall Brown, West Covina resident Glenn Jefferson, West Covina resident Jefferson De Roux, West Covina resident Terry Cammack, West Covina resident • Hu Ning Li, West Covina resident Steve Schuster, West Covina resident Jose Cantano, West Covina resident Diane Shellman, West Covina resident Marcia Binnendyk, West Covina resident Constance Bachor, West Covina resident Councilmember Hernandez stated his support to move forward with a historic preservation program with individuals who wish to preserve their homes and offered the following motion. Motion by Hernandez and seconded by Wong to table any discussion of a moratorium and direct staff to work with the Historical Society to develop a voluntary based preservation program which would afford benefits to those interested in preserving their home. Following Council comments and discussion Mayor Sanderson called for a vote on the motion. Motion carried 5-0. Recess Mayor Sanderson called for a short break at 10:30 p.m. The City Council reconvened at 10:47 p.m. with all members present. Mayor Sanderson requested to convene the Community Development Commission in order to bring one item forward. Council concurred with her request. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting at 10:48 p.m. to convene the Community Development Commission. The City Council reconvened at 11:16 p.m. with all members present. CONSENT CALENDAR Mayor Pro Tem Wong stated he would abstain from item D-6h (Landscape Maintenance District No. 7 — Preliminary Approval of the Engineer's Report) due to conflict of interest laws as his home is in the district. Mayor Sanderson and Councilmember Herfert requested the record to reflect a no vote on itemD-5 (Resolution No. 2005-11, Approval of Final Map for Tract No. 54099). Herb Redholtz, Human Resources Commission chairman, requested item D-6c be removed from the consent calendar and be presented to the Human Resources Commission prior to coming before the City Council. Motion by Herfert to removed item and send to the Human Resources Commission for review. Following discussion regarding Commission's authority • over the item, Herfert amends his motion to leave the item on the Council agenda and send subject to the Human Resources Commission as an informational item only. Motion seconded by Hernandez. Motion carried 5-0. D-1 Commission Summary of Actions (receive & file) Planning 04/12/05 19 Council Minutes 04/19/05 D-2 Claims Against the City (deny & notify claimant or claimant's attorney as appropriate) a) Jose C. Ibarra vs. City of West Covina b) Angela Williams vs. City of West Covina c) Eduardo & Teresita Mancenido vs. City of West Covina • D-3 Ordinances for Adoption (waive reading & adopt) Display of Harmful Material ORDINANCE NO. 2131— AN ORDINANCE OF THE CITY Ordinance No. 2131 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 Award of Bid D-4 Award of Bid for Police Shotguns Police Shotguns Recommendation is to authorize the purchase of 72 Mossberg 590A1 shotguns with specified attachments, from Allstate Police Equipment of Claremont, CA, the lowest responsive bidder, for $32,617.89, including tax. Approval of Final Map D-5 Approval of Final Map for Tract No. 54099 Location: North of Hold Avenue, South of Temple Way, East of Grand Avenue Subdivider: Villa Temple Way, LLC Recommendation to waive further reading and adopt: Resolution No. 2005-13 RESOLUTION NO. 2005-13 — A RESOLUTION OF THE CITY Villa Temple Way, LLC COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 54099 AND DIRECTING THE RECORDATION THEREOF (Villa Temple Way, LLC) (Note to reader: Resolution No. 12 and 13 are out of order and are correct.) Miscellaneous — Fire Department D-6a Weed Abatement 2005 for Various Vacant Unimproved Properties Recommendation to take the following actions: 1. Set May 3, 2005, as the date for hearing any objections or protests to said program; and 2. Waive further reading and adopt the following ordinance: 2005 Weed Abatement RESOLUTION NO. 2005-12 — A RESOLUTION OF THE CITY Resolution No. 2005-12 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE • D-lb Weed and Rubbish Abatement Contract Extension Gardner Tractor/Azteca Landscape Recommendation is to approve an extension of the 2004 Weed Abatement contracts with Gardner Tractor and Azteca Landscape for (1) year and authorize the Mayor and City Clerk to execute the contracts. Miscellaneous — Human Resources D-6c Proposed Planning Aide Position (Formerly Planning Permit Technician) — Planning Department 5 Council Minutes 04/19/05 Planning Aide Position Recommendation is to approve the following adjustment to the Planning Department's FY 2005-05 authorized positions: 1. Change the Planning Permit Technician title to a Planning Aide. 2. Reduce the salary range from $2,889-$3,512 to $2,723-$3,310 by adopting the following resolution. Resolution No. 2005-14 RESOLUTION NO.2005-14 — A RESOLUTION OF THE CITY isCOUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NOS. 2003-99, 2001-2, AND 7223 RELATING TO THE CLASSIFICATION, COMPENSATION AND BENEFITS OF THE PLANNING PERMIT TECHNICIAN (NOW REFERRED TO AS A PLANNING AIDE), AS AMENDED Miscellaneous — Police Department D-6d Police Vehicle Conversion Police Vehicle Conversion Recommendation is to the find that the City of Anaheim's bid #6409 for police vehicle conversion satisfies West Covina's bid process and approve the expenditure of $27,547.74 from 110.31.3110.7170, for conversion of 123 police vehicles by Espino's Cop Shop, Inc., of Rancho Cucamonga. D-6e Appropriating State Supplemental Law Enforcement Services Fund (SLESF) Grant as the Required Match for On -Going Federal Police Officer Grant SLESF Grant Recommendation to appropriate $163,565 from the fund balance of Fund 155 (the State Supplemental Law Enforcement Services Fund) to 155.31.3110.5XXX, to cover the cash match requirement associated with the on -going three police officer positions created under the federal COPS Universal Hiring Program grant. Miscellaneous — Public Works D-6f Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report MD-4 Recommendation to waive further reading of adopt: Resolution No. 2005-15 RESOLUTION NO. 2005-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2005 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT D-6g Landscape Maintenance District No. 6 Preliminary pproval of the Engineer's Report MD-6 Recommendation to waive further reading of adopt: Resolution No. 2005-16 RESOLUTION NO. 2005-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION • TO HOLD' A PUBLIC HEARING ON JUNE 7, 2005 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT D-6h Landscape Maintenance District No. 7 Preliminary Approval of the Engineer's Report G9 Council Minutes 04/19/05 MD-7 Recommendation to waive further reading of adopt: Resolution No. 2005-17 RESOLUTION NO. 2005-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2005 FOR • LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further reading of the ordinance and resolutions and adopt, and approve all items listed on the Consent Calendar. Motion carried 5-0 with the following exceptions. Item D-5 — Approval of Final Map for Tract No. 54099 — Motion carried 3-2 with Sanderson and Herfert voting no. Item D-6h — Landscape Maintenance District No. 7, Preliminary Approval of the Engineer's Report. Motion carried 4-0-1 with Wong abstaining. Due to the hour, Mayor Sanderson asked which Public Hearings needed to be acted on this evening and which could be held over. City Manager Pasmant stated only Item E-4 could be held over to the following meeting. HEARINGS PUBLIC HEARING CITY OF WEST COVINA'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR (2005-2010) CONSOLIDATED PLAN E-1 Mayor Sanderson announced the public hearing. Deputy City Clerk verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Community Services Director Steve Samaniego presented staff report and responded to questions from Council. No public testimony was offered. Motion by Herfert and seconded by Miller to approve the proposed CDBG Five -Year (2005-2010) Consolidated Plan. Motion carried 5-0 Combing Public Hearings Mayor Sanderson requested that public hearings E-2 and E-3 be conducted together due to their related subject matter. City Attorney concurred it would be appropriate. PUBLIC HEARINGS E-2 AND E-3 E-2 GALSTER PARK MASTER PLAN, AMENDMENT NO. 1 • E-3 ZONE CHANGE NO.05-04 APPLICANT: CITY OF WEST COVINA LOCATION: WEST SIDE OF GALSTER PARK (EAST OF AROMA DRIVE) Mayor Sanderson announced the public hearings. Deputy City Clerk verified that proper legal notice had been given and Mayor Sanderson opened the hearing. Planning Director McIsaac presented the staff report and a PowerPoint presentation 7 Council Minutes 04/19/05 is • highlighting proposed amendments to the Galster Park Master Plan. Public Testimonv Mayor Sanderson requested that a letter submitted by Joanne Wilner be entered into the record. Royall Brown, West Covina resident, urged the Council to approve the amendments to the Master Plan as submitted. Testimony Closed With no other speakers wishing to address Council, Mayor Sanderson closed the public testimony. Council Discussion Mayor Sanderson requested an amendment to the proposed trail loop to be 12 ft in width versus 4 ft. for safety and patrolling purposes. Motion by Herfert and seconded by Hernandez to accept the amendment. Council engaged in discussion regarding the use of security cameras at the park. It was suggested that cameras be included in the master plan without a dedicated funding source in order to further explore camera use and how the police department will utilize them. Deputy City Clerk presented Resolution No. 2005-18 RESOLUTION NO. 2005-18 — A RESOLUTION OF THE CITY Galster Park Master Plan OF WEST COVINA, CALIFORNIA, APPROVING GALSTER PARK MASTER PLAN, AMENDMENT NO. 1. Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt as amended. Motion carried 5-0. Deputy City Clerk presented Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Zone Change No. 05-04 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-04. Motion by Herfert and seconded by Miller to waive further reading of the ordinance and introduce. Motion carried 5-0. PUBLIC HEARING CODE AMENDMENT NO. 03-01 SECOND DWELLING E-4 Deputy City verified proper legal notice had been given. Mayor Held Over Sanderson opened the public hearing for the purpose of entertaining a motion to hold the hearing to May 3, 2005. Motion by Wong and seconded by Hernandez to hold the public hearing over to the next regular scheduled meeting of May 3, 2005. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting at 11:50 p.m. to reconvene the Community Development Commission. The City Council reconvened at 12:50 p.m. DEPARTMENTAL MATTERS PUBLIC WORKS Award of Design Contract for Galster Park Grant Funded Restoration (Project No. PP-04208A) G-1 Motion by Hernandez and seconded by Miller to accept the staff recommendation as follows 1. Accept the proposal of Purkiss Rose-RSI for the preparation of the design plans and construction documents for Phase I Galster Park hiking trails and recreational facilities restoration, H Council Minutes 04/19/05 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 2. Appropriate $11,000 from Construction Tax (Fund 161 unappropriated), $19,000 from Park (Fund 163 unappropriated), $150,000 from Community Development • Block Grant (Fund 131 unappropriated), $135,000 from Park Dedication Fees District E (Fund 174 unappropriated), and $135,000 from Park Dedication Fees G (Fund 176 unappropriated) for the construction of Phase I of this project. Royall Brown, West Covina resident, urged Council to approve contract as outlined in recommendation no. 1 and hold the appropriation of funds over as a separate item. Councilmember Herfert left at 12:53 a.m. Mayor Sanderson called for a vote on the motion. Motion carried 4-0 with Herfert absent. CITY ATTORNEY'S OFFICE Ordinance Amending Section 1-37.2 of the West Covina Municipal Code G-2 Staff report presented by City Attorney Alvarez-Glasman. Motion by Hernandez and seconded by Miller to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 1, SECTION 1-37.2 OF THE WEST COVINA MUNICIPAL CODE TO INCLUDE SECTION 15-400 — 15-403 WITH THOSE MISDEMEANORS WHICH MAY BE ENFORCED BY CITY EMPLOYEES Motion carried 4-0 with Herfert absent. Councilmember Herfert requested at the beginning of the evening that item J-2 be held over and request J-1 be held over before leaving at 12:53 a.m.. COUNCILMEMBERS' REPORTS Councilmember Herfert J-1 Ziad Alhassen Memo Held Over Councilmember Herfert J-2 Authorization to "Take from the Table" Various Big League Held Over Dreams (`BLD") Project Issues. Additional Direction on Identifying Those Matters to be Returned for Consideration at a Subsequent City Council Meeting • Councilmember Comments Mayor Pro Tern Wong shared his concerns with the Mayor's attempt to rule that a Councilmembers form in presenting his argument was out of order. Mayor Sanderson stated her reason for the ruling, as it was her perception of the PowerPoint presentation from a Councilmember as a staff report not presented in advance and added that her ruling was overturned by the Council. Mayor Sanderson requested the City Attorney read two excerpts from the Municipal Code which .61 Council Minutes 04/19/05 prompted her ruling. In summation, the City Attorney stated the Mayor governs and rules the meeting subject to review of the balance of the Council. Councilmember Hernandez requested to agendize Councilmember Miller's previous request to bring back the Summer Concert series is and Movies in the Park with Charter Settlement funds. • ADJOURNMENT Motion by Wong and seconded by Hernandez to adjourn at 1:02 a.m. Motion carried 4-0. Mayor Shelley Sanderson ATTEST: Deputy City C er c Susan Rush 10