05-03-2005 - Regular Meeting - Minutes•
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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
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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
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Mayor Shelley Sanderson