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06-01-2010 - Regular Meeting - MinutesMIN TES REGULAR ME TING OF THE WEST COVINAf2010 ITY COUNCIL June Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:07 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Absent: Dr. Glen Tho ', Pastor Community Prosbyteri, Councilmembdr Lane Mayor Sande Councilmem REPORTING OUT FROM CLOSED SESSION Deputy City O Prior t Council and ( announced foi the City Agen Confer of West Covin Commission i cross cl and not Church , Mayor Pro Tern Herfert Lane, Touhey Hernandez torney Matt Gorman reported the following: convening into closed session, all items on the City ommunity Development Commission agendas were inclusion in the closed session discussion. Items on ice with Legal Counsel — Existing Litigation — City and City of West Covina Community Development Hassen Imports Partnership, et al., and related s and cases —This item was pulled off the agenda Confe ence with Legal Counsel — Existing Litigation — Chung vs. Ci of West Covina — Councilmembers Hernandez was not present. eport was presented and direction was given. No final action an nothing further to report. Confe ence with Legal Counsel — Anticipated Litigation — Three potenti l cases — Councilmembers Hernandez and Lane were not pre ent. Reports provided for three potential cases, direction was provided to staff, no final action taken and nothing further to rep rt. Confe ence with Labor Negotiators — Employee Organization : W..C. Police Officers' Association, W.C. Police Management ssociation, W.C. Firefighters Association, LA.F.F., Local 3226, W.C.Firefighters Management Association, Confidential mployees, Maintenance & Craft Employees, Non - Sworn Safe Support Employees, General Employees, Mid - Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, C mmunity Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Reso rces, Planning Director, Police Chief, Public Works Dir/City En ineer, Dir. Risk Management — Councilmember Hernandez w s not present. Direction was given with no further action and no hing further to report. Items on the ommunity Development Commission agenda: City West Covina and City of West Covina Community Development Commission v. Hassen Imports Partnership, et al., and related c oss complaints and cases — This item was pulled off the agenda a not discussed. City Council Minutes of June 1, 2010 CHANGES TO THE AGENDA None. PRESENTATIONS ORAL COMMUNICATIONS Tim Valadez CONSENT CALENDAR D-1 Minutes D-2 Summary of Actions D-3 Claims None. Tim Valadez, neighborhood. West Covina resident, addressed issues in his Mayor Pro T Herfert called forward Police Chief Wills to respond and C ief Wills spoke with the resident. Mayor Pro Te Herfert requested to pull Item D-6b, Renewal of Los Angeles C unty Animal Care & Control Services Agreement, for separate co sideration. City Council Meeting Minutes (receive & file) • Special Me ting of May 4, 2010 • Regular M eting of May 4, 2010 Commission Summary of Actions (receive & file) Community S ices 03/09/10 Claims Again$t the City of West Covina • Darlene R w vs. City of West Covina • Joseph Vi oriahnercury Insurance vs. City of West Covina • Cheryl Mit hell vs. City of West Covina D-4 Ordinance fo Adoption Eliminating Staggering Ordinance ending Section 2-68 and 2-69(c) OF chapter 2, Commissioner Terms Article III of t e West Covina Municipal Code to Eliminate Staggering of ity Commissioners Terms of Office Ordinance No. 2208 ORDINANC NO. 2208 - AN ORDINANCE OF THE CITY COUNCIL O THE CITY OF. WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-68 AND 2-69(c) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE TO ELIMINATE THE STAGGERING OF COMMISSIONERS TERMS OF OFFICE D-5 Treasurer's Report City Treasur is Report (receive & file) Report for the Month of April 2010 D-6a Miscellaneou - Public Works Department Construction & Demolition Debris Construction 4nd Demolition (C&D) Debris Management — Recommenda ion is that the City Council introduce the following ordinance a ending Chapter 7 of the City of West Covina Municipal Co e by adding Article XVI related to waste reduction, reuse, and rec cling of construction and demolition debris. AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF WEST COV A, CALIFORNIA, AMENDING CHAPTER 7 OF THE WEST COVINA MUNICIPAL CODE, ARTICLE XVI WASTE R DUCTION, REUSE, AND RECYCLING OF CONSTRUC ION AND DEMOLITION DEBRIS This item pul ed for separate consideration. D-6b Miscellaneo s - City Manager's Office Animal Care & Control Renewal of os Angeles County Animal Care & Control Services Agreement Recommend ,tion is that the City Council: 2 City Council Minutes of June 1, 2010 D-7 Conference & Meeting Report a. Authorize agreement Angeles C b. Instruct Ci penalties, ; of the adol Conference a report. .e City Manager to execute the revised services ctension, expiring on June 30, 2014, with the Los my Department of Animal Care and Control; and staff to include an increase in dog licensing fees, I enforcement fees as outlined in this report as part )n of the City's Annual Fee and Charge Program. Meeting Report (receive & file) is that the City Council receive and file the CONSENT CALENDAR ACTION Motion by Heil fert and seconded by Touhey to approve all items on the Consent Ci lendar as recommended except Item D-6b — Renewal of Los Angele County Animal Care & Control Services Agreement — pulled for se;crate consideration. Motion carried 4 — 0. Item D-6b Renewal ofLoisAngeles County Animal Care & Control Services Agreement — Motion Motion by Her ert and seconded by Lane to: 1. Approve t e revised services agreement extension expiring on June 30, 014 with the Los Angeles County Department of Animal Ca e and Control and 2. Include a increase in dog licensing fees, penalties, and enforceme t fees as outlined in the report. Motio carried by 3 — 1 (Touhey — No), Item E-3 moved forward By consensus of the City Council Item E-3 — Public Hearing — Code Amend ent No.: 10-01, Churches and Religious Facilities Conditionally Permitted in Manufacturing Zone was moved forward due t the number of interested persons in attendance. Councilmember Touhey recused himself from to his working relationship with DC Corp c property which the church is purchasing. E-3 Churches in M-1 Zone Public Testimony Close Testimony Public Heari Code Amen( Churches an Manufactur; Mayor Sande Clerk Rush Mayor Sande Planner Jeff project. pation in the following item and left the room due of West Covina. DC Corp is the owner of the tent No. 10-01 Religious Facilities Conditionally Permitted in announced the hearing matter and Assistant City ied that proper legal notice had been given. proceeded to open the hearing and Acting City erson presented the staff report outlining the Mayor Sande son proceeded to open the public testimony portion of the hearingl and asked for public comment. Tony On-neo,J West Covina resident, spoke in support of allowing the Church to operate in the proposed manufacturing zone. Edwin Orme , Pastor of Christian Fellowship Church, spoke in support of al owing their church to locate in the manufacturing zone, stating many of the parishioners live in West Covina and they would ike the opportunity to establish themselves in the community. With no one�else wishing to address Council, Mayor Sanderson proceeded to lose the public testimony portion of the hearing. 3 City Council Minutes of June 1, 2010 Council discussion Mayor Pro Tei Herfert addressed the issue of parking and Acting City Planner Anderson addressed allowable parking and restrictions. Motion Motion by H rfert and seconded by Lane to introduce the following ordi ance to allow churches and religious facilities in the Manufactu 'ng (M-1) Zone by conditional use permit (Code Amendment Nc - 10-01). Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COV A, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO ALLOW CHU CHES AND RELIGIOUS FACILITIES IN THE MANUFACT RING (M-1) ZONE BY CONDITIONAL USE PERMIT (CO E AMENDMENT NO. 10-01) Motion carrie 3 — 0 (Touhey recused himself and did not participate). Councilmember Touhey returned to the dais at 7:35 PUBLIC HEARINGS E-1 Public Hearin CDBG Public Service Funding FY 2010-2011 Community Development Block Grant (CDBG) Public Servic Proieet Fundin Mayor Sander on announced the hearing matter and Assistant City Clerk Rush erified that proper legal notice had been given. Mayor Sander on proceeded to open the hearing and Management Analyst Kelly McDonald presented the report outlining the 2010- 2011 CDBG nding for public service project. Available funding is $198,240 f r FY 2010-2011 and 12 service providers, which serve West C vina, made requests for funding. Public Testimony Mayor Sanderson proceeded to open the public testimony portion of the hearing land asked for public comment. Antoinette F lice, representing Volunteers of America West Covina, addr ssed the organizational needs and services of the group she re resents and requested the continued support of the city. Donald Herri g, Director of Senior Services for the YWCA San Gabriel Vall y, stated the organization looked forward to continued ye rs of working together and thanked the council and commissions or consideration of their applications for funding for the Meal on Wheels program and Senior Citizens Assistance Program offe ing case management. Close Testimony With no one else wishing to address Council, Mayor Sanderson proceeded to lose the public testimony portion of the hearing. Council discussion Mayor Pro em Herfert thanked the Community Services and Senior Citize s Commissions for proposed allocations of funding. Motion Motion by qerfert and seconded by Touhey to allocate CDBG funds in the amount of $198,240 as recommended by staff as follows: E City Council Minutes of June 1, 2010 E-2 Fee & Charge Schedule ;Staff,Recomtnendatlon YWCA of San Sr. Citizens As Oabriel Valley — istance Prog. 19,600 Center for Agi g Resources 10,00 Senior Meals P ogram 60,000 Youth Assista e Program 4,000 Careship 25,000 Assist League f Covina Valley 2,000 ESGV Coalitio for Homeless 13,750 Volunteers of Community Se erica — WC ices Center 11,000 YWCA of San Meals on Whe Gabriel Valley is 6,000 Action Food P ntry 14,750 Cory's Kitche 12,000 Domestic Viol nce Victim Advocate 20,140 Motion carried by 4 — 0. Public H Mayor Sander on announced the hearing matter and Assistant City Clerk Rush erified that proper legal notice had been given. Mayor Sande son proceeded to open the hearing and City Controller De is Swink presented the report. Swink stated the proposed adju tments to the fee and charge schedule are estimated to generate $ 64,352 in revenue. Swink highlighted a few of the proposed ne fees which included the establishment of a new Emergency edical Services (EMS) fee, several new sports council fees, nd new rates for pet license and late fees and the establishment f animal related license enforcement fees. Swink responded to questions regarding several new proposed fees with much of the discussion surrounding the new EMS fees. ayor Pro Tem Herfert questioned several of the new sports council fees and stated he would not support those fees. Motion by H fert to remove the following fees from the proposed new fee sched le: $20.0 youth participant fee $5.00 outh participant fee $300. 0 brick dust fee Acting City Tanner Jefferson responded to fee pertaining to adult si oriented buess fee and City Engineer Yauchzee responded to proposed con truction and demolition fee. Public Testimony Mayor Sande son proceeded to open the public testimony portion of the hearin and asked for public comment. Steve Bennet , representing Pacific Coast Little League, spoke in opposition to the new proposed youth participation fees. Close Testimony There being no one else wishing to address Council, Mayor Sanderson pr ceeded to close the public testimony portion of the hearing. Council discussion Herfert reiter ted his motion to remove the $20.00 and $5.00 youth participation fee and the $300.00 brick dust fee from the fee and charge schedule. Motion seconded by Lane and carried 4-0. 5 City Council Minutes of June 1, 2010 Councilmemb increases for EMS fees. Touhey stated his objection to animal control record and expressed his concerns for the new Fire Chief Segalla came forward .to address the EMS fees. Mayor Pro Tern Herfa�rt requested a written document which explains the proposed fee. Motion by Herfert and seconded by Touhey to remove the EMS fee from he fee and charge schedule. . Motion carried 4-0. Motion Motion by He�fert and seconded by Lane to adopt the following resolution as a ended. Resolution No. 2010-28 RESOLUTIO NO. 2010-28 - A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF WEST COVINA, CALIFONRIA, SETTING AN INCREASING CERTAIN FEES Motion carrieq 4-0 with the record reflecting Touhey opposed to an increase in animal license fees. E-3 Public Heari g Code Amendment — Churches in Code Amendihent No. 10-01 Mfg Zones Churches an Religious Facilities Conditionally Permitted in E-4 E-6 E-7 Landscape MDs Nos. 4, 6 & 7 Public Testimony Close Testimony Item E-3 was discussed earlier in the evening prior to Consent Calendar. Public Hearh gs West Covina andscape Maintenance District No. 4 West Covina andscape Maintenance District No. 6 West Covina andscape Maintenance District No. 7 Mayor Sander on announced the hearing matter and Assistant City Clerk Rush erified that proper legal notice had been given. Mayor Sande son proceeded to open the hearing for Maintenance Districts 4, 6 & 7 and Public Works Director Shannon Yauchzee presented the eport. Yauc ee stated that funds collected maintain the landscape, i 'gation, hardscape, paseos and associated slopes within each a a. Maint nance District 4 assessment rate is currently capped by limits of Pop 218 and are proposed to remain the same. Funds collected will fund on -going maintenance, however upgrades and repairs may c ntinue to be deferred. An i crease of 5.28% for Maintenance District 6 is recommende to continue on -going maintenance and to maintain reserves. An i crease of 10% is recommended for Maintenance District 7 to continue on -going maintenance and to maintain reserves. M intaining reserves is important and necessary for future capital limprovement and possible repairs. Mayor Sanderson proceeded to open the public testimony portion of the hearing and asked for public comment. There being o one wishing to address Council, Mayor Sanderson proceeded to lose the public testimony portion of the hearing. Motion by erfert and seconded by Lane to adopt the following resolutions a recommended by staff. R City Council Minutes of June 1, 201 Resolution No. 2010-29 0 j t RESOLUTION NO.. 2010-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA, CONFIRMING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APURTENANCES TO BE MAINTAINED FOR, FISCAL YEAR BEGINNING JULY 1, 2010 Resolution No. 2010-30 RESOLUTIO NO. 2010-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA, CONFIRMIN THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAP G MAINTENANCE, RENOVATION AND REPLACEMENT, AND APURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010 Resolution No. 2010-29 RESOLUTIO NO. 2010-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA, CONFIRMIN THE . ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010 Motion carried by 3 — 1 (Touhey — No). COMMUNITY DEVELOPMENT COMMISSIO Mayor Sanders n recessed the City Council meeting at 8:10 p.m. to convene the Community Development Commission. The City Council reconvened at 8:11 p.m. with all members present except Councilmembe Hernandez. MAYOR'S/COUNCILMEMBERS REPORTS ADJOURNMENT Submitted by: ssistant City Jerk Susan Aush Mayor Pro T Conference c which he also Motion by 8:15 p.m. Herfert gave a verbal report on the International Shopping Centers (ICSQ, which he attended. Touhey also commented and reported: on the ICSC and seconded by Lane to adjourn the meeting at Shelley