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05-03-2005 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 3, 2005 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:15 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE City Manager Andrew Pasmant Led by Councilmember Hernandez ROLL CALL Mayor Sanderson, Mayor Pro Tern Wong (arrived at 7:55 p.m.), Councilmember Hernandez, Councilmember Miller Absent: Councilmember Herfert Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee, Hoppe, Wills, Tedesco, Elliott, Rodriguez, Anderson, Bachman, Durbin, Samaniego„ Chung, Lee, Cendejas, Villegas, Palkhiwala, Rush REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to recessing into closed session all items scheduled on both agendas were announced for inclusion in the closed session discussion. Regarding items on the City Council agenda: Conference with Legal Counsel — Existing Litigation — West Covina vs. Valencia Heights Water Company, et al — City Council received briefing from legal counsel, there was no action taken and matter will continue to proceed towards trial Conference with Labor Negotiators — Various Miscellaneous Employees — City Council received a briefing from the city's negotiators, no final action was taken and nothing further to report. Regarding items on the CDC agenda: Conference with Legal Counsel — Existing Litigation — Eastland Shopping Center — CDC Board provided authority to resolve this matter pursuant to terms as expressed in closed session. Staff will report back to Board with final document. Conference with Legal Counsel — Anticipated Litigation- One case was discussed with no final action. Nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant announced that one item on the revised special meeting agenda, Conversion Technology Report to the Legislature, will be considered at the end of the regular meeting during Councilmember Reports. APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of October 19, 2004. PRESENTATIONS Blue Star Video was aired. Mayor Sanderson presented Ursula Schumacher and Jovana Schumacher, mother and wife of Captain Bryant Schumacher respectively, a Blue Star poster recognizing Bryant's service in the Army. Mayor Sanderson called forward Executive Vice President of the Tournament of Roses Paul Holman and West Covina President 0 Frank Scalfaro who presented the City with the 2005 Tournament of Roses Parade Picture. Mayor Sanderson presented Mr. Jim Coombs, Principal of West Covina High School a certificated of recognition for West Covina High School being recognized as a California Distinguished School. Mayor Sanderson presented Public Works Director Shannon Yauchzee with a proclamation designating the week of May 151h as National Public Works Week. ORAL COMMUNICATIONS John Hughes, West Covina resident and representing the MDA, announced upcoming fundraising events for the MDA. Herb Redholtz, West Covina resident, commented on recent community meeting at Shadow Oat Park and lack of participants and urged Council to properly notify residents of community meetings. Tyra Mason, representing the Chamber of Commerce, promoted the West Covina Fanners Market at West Covina Parkway and California and announced upcoming Chamber events. Joanne Wilner, West Covina resident, spoke on communication and advanced notice to the community regarding upcoming events. Leslie Martel, West Covina resident, commented on the flood zone change and urged Council to stay with the FEMA program. Bruce Leinbach, West Covina resident, announced the upcoming "Night on the Town" event hosted by the West Covina Lions Club. Colleen Rozzati, West Covina resident, and Rose Float Foundation boardmember, encouraged attendance to the upcoming wine tasting and fundraising event at the Heritage house on June 25. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Continued Public Hearing Code Amendment No. 03-01 Second Dwelling Units C-1 Mayor Sanderson announced the public hearing. Deputy City Clerk verified that proper legal notice was given and Mayor Sanderson opened the hearing. Staff report was presented by Planning Director McIsaac. Mayor Pro Tern Wong arrived at 7:55 p.m. Public Testimonv Joanne Wilner, West Covina resident, questioned the amount of parking spaces for second dwellings and the area for horses is second dwellings are allowed on horse property. Testimony closed There being no others desiring to address Council, Mayor Sanderson closed the testimony portion of the hearing and commenced Council discussion. Council expressed their opposition to the State of California removing discretionary decision -making and the potential impact of second dwelling units in certain Area Districts and on lots zoned for horses. Motion by Sanderson and seconded by Hernandez to direct staff to look at the Area Districts to determine which Area Districts would be appropriate for second dwellings and provide additional information regarding options. Motion carried 4-0. CONSENT CALENDAR D-1 Commission Summary of Actions (receive & file) Planning 04/26/05 . Human Resources 03/09/05 Claims Against the City of West Covina D-2a Elizabeth Diaz on behalf of her minor son, Christopher Diaz, vs. City of West Covina Recommendation that the personal injury claim be denied and the claimant be so notified. D-2b Gabriel Baez vs. City of West Covina Recommendation that the property damage claim be denied and the claimant be so notified. Ordinances for Adoption (waive reading & adopt) D-3a Zone Change No. 05-04 Ordinance No. 2131 Location: West Side of Galster Park (East of Aroma) ORDINANCE NO. 2132 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 05-04 D-3b Ordinance Amending Section 1-37.2 of the West Covina Ordinance No. 2133 Municipal Code (Authorizing Community Enhancement to Enforce `Display in Public Places of Material Harmful to Children' Ordinance) ORDINANCE NO. 2133 — 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 Award of Bid D-4 Award of Bid for the Purchase of Three Ford Escape Hybrid Vehicles and Expenditure Authorization for Purchase Hybrid Vehicles Recommendation to approve the bid for the purchase of three 2006 Ford Escape Hybrid vehicles to Barber Ford of Ventura, CA for a total amount of $80,294.44 and appropriate $40,174.23 from Community Development Block Grant fund balance to account 131.22.2242.7170 and appropriate $2,147.21 Air Quality Improvement Trust fund balance to account 119.84.8535.7170. Traffic Committee Minutes (accept & file) D-5 Minutes from the regular meeting of April 19, 2005 City Treasurer's Report (receive & file) • D-6 Report for March 2005 Miscellaneous — City Manger's Office D-7a Approval of Rose Float Foundation to Serve Alcohol at Wine Rose Float Foundation Tasting Event to be held at Heritage Park Recommendation to approve the West Covina Rose Float Foundation to serve alcohol for their Wine Tasting Event scheduled at Heritage Park on June 25, 2005. Los Angeles County General Services Agreement D-7b Recommendation to adopt the following resolution renewing the General Services Agreement General Services Agreement and authorize the City Manager and Resolution No. 2005-19 City -Clerk to execute the agreement. RESOLUTION NO. 2005-19 — A RESOLUTION OF THE CITY • COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING A GENERAL SERVICES AGREEMENT Miscellaneous — Community Services D-7c FY 2005-2006 Older Americans Act Senior Nutrition Meals Senior Meals Program Program Grant Application Resolution No. 2005-20 Recommendation to adopt the following resolution: RESOLUTION NO. 2005-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR FY2005-2006 OLDER AMERICANS ACT COMPETITIVE GRANT FUNDS FOR THE SENIOR NUTRITION MEALS PROGRAM Miscellaneous — Finance Department D-7d 2004-2005 Fiscal Year Third Quarter Budget Report 2004-05 FY Budget Report Recommendation to receive and file the budget update report. Miscellaneous — Public Works D-7e Citywide Lighting and Maintenance District Preliminary Approval Resolution No. 2005-21 of the Engineer's Report Recommendation to adopt the following resolution: RESOLUTION NO. 2005-21 — 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 21, 2005 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT Capital Improvement Program and Building Activity Report — First D-7f Quarter Ending March 31, 2005 CIP Bld. activity report Recommendation to receive and file the report. D-7g West Covina Citywide Sewer Service Charge Method of Resolution No. 2005-22 Collection — Setting a Public Hearing Date Recommendation is to adopt the following resolution: RESOLUTION NO. 2005-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE OF JUNE 21, 2005 FOR A • PUBLIC HEARING Miscellaneous — Fire Department D-7h Ordinance Transferring Authority to Issue Fireworks Permits to the Fireworks Permits Fire Chief Recommendation to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10, SECTION 10-27, SECTION 7801.3 OF THE WEST COVINA MUNICIPAL CODE REGULATING FIREWORK DISPLAY PERMITS CONSENT CALENDAR ACTION Motion by Wong and seconded by Hernandez to waive further reading of the resolutions and adopt; and to approve all other items listed on the Consent Calendar except items D-7d and D-7h. • Motion carried 4-0. D-7d D-7d - 2004-05 Fiscal Year Third Quarter Budget Report — Finance Director Bachman presented a brief staff report and answered questions from Council. Motion by Miller and seconded by Hernandez to receive and file the report. Motion carried 4-0. D-7h D-7h — Ordinance Transferring Authority to Issue Fireworks Permits to the Fire Chief - Fire Chief Elliot present staff report and answered questions from Council. Councilmembers concurred that they didn't see a need to change the current procedure requiring Council to approve all requests for fireworks permits. Motion by Hernandez and seconded by Miller to receive and file the report and require vendors and civic groups to apply for fireworks permits 30 days prior to the event. Motion carried 4- 0. HEARINGS PROTEST HEARING CITYWIDE WEED ABATEMENT 2005 E-1 Mayor Sanderson introduced the public hearing matter. Weed Abatement Deputy City Clerk Rush verified the affidavit of mailing and Mayor Sanderson opened the hearing. Motion by Miller and seconded by Wong to receive the Affidavit of Mailing. Motion carried 4-0. Following the staff report presented by Assistant Fire Chief Rodriguez, Deputy City Clerk Rush stated that no written protest or objections had been received. Public Testimonv Mayor Sanderson opened the public testimony portion of the hearing and asked if anyone wished to speak in objection to the proposed work or make an oral protest or objection to the abatement of weeds or rubbish as outlined on the Weed and Rubbish Abatement List. Hearing no objections or protest, Mayor Testimony closed Sanderson closed the public testimony. Motion by Miller and seconded by Hernandez to order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 2005-12. Motion carried 4-0. HEARING PUBLIC HEARING FLOODPLAIN MANAGEMENT REGULATIONS — ORDINANCE INTRODUCTION E-2 Mayor Sanderson introduced the public hearing matter. Deputy City Clerk Rush verified that proper legal notice had been given and Mayor Sanderson opened the public hearing. Staff report was • presented by Public Works Director Yauchzee and he answered questions from staff. Deputy City Clerk verified that no written protests had been received. Public Testimonv Mayor Sanderson opened the public testimony portion of the hearing and the following addressed Council. Moya Ashdown, West Covina resident, opposed to being in the category of a flood zone and supported the ordinance. Joanne Wilner, West Covina resident supported the introduction of the ordinance and supported the removal of the properties in the City from the flood zone. isRoyall Brown, West Covina resident, commented on the agencies that provided the data to the city. Testimony closed Mayor Sanderson closed the public testimony portion of the hearing. Deputy City Clerk Rush presented the following ordinance: Ordinance introduction ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING `AND ADDING ARTICLE III SECTIONS 9.40 TO 9.64 TO THE WEST COVINA MUNICIPAL CODE SECTION 9-GRADING AND DRAINAGE REGARDING "FLOODPLAIN MANAGEMENT' REGULATIONS Motion by Wong and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 4-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Sanderson recessed the City Council meeting at 9:01 p.m. to convene the Community Development Commission. The City Council reconvened at 9:02 p.m. COUNCILMEMBERS' REPORTS Councilmember Hernandez Proposed 2005 Summer Concerts and Movies in the Park Funding J-1 Brief overview presented by Councilmember Hernandez. 2005 Summer Concerts Motion by Hernandez and seconded by Miller to direct staff to move forward with the 2005 Summer Concerts and Movies in the Park and fund the events from the Charter Communications settlement account. Motion carried 4-0. The following item was carried over from the special meeting held earlier in the evening for consideration during the regular meeting. Conversion Technologv Report to the Legislature Environmental Management Director Samaniego presented a brief overview in which staff is requesting that City Council authorize a letter to support the Conversion Technology Plan that the Waste Board is approving without any omissions of the previous plan. Councilmember Miller provided a background of the plan. Royall Brown, West Covina resident, encouraged the City to send a letter of support to the Waste Board and to also copy the letter to the State Legislation. . Motion by Miller and seconded by Hernandez to authorize a letter of support to the California Integrated Waste Management Board recommending they retain all of the information in the Conversion Technology Report that is being sent to the Legislature. Councilmember Comments Councilmember Hernandez requested the Boys and Girls Club contract for graffiti removal be agendized for consideration. • ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the meeting at 9:15 p.m. in memory of Dan Sanchez, former City of West Covina Maintenance worker. Motion carried 4-0. ATTEST: Deputy City Cl rk Susan Rush • Mayor Shelley Sanderson