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03-21-2006 - RegularTuesday March 21, 2006 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pm Council Chambers Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue, West Covina and at www.westcovina.org The City complies with the Americans With Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Friday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Pastor Kelly Dupee Faith Community Church Councilmember Hernandez Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers Hernandez, Lane, Touhev REPORTING OUT FROM CLOSED SESSION Discussion and direction to Staff and Legal Counsel reearding further legal action against Hassen Imports Partnership, West Covina Motors and Ziad Alhassen for failing to timely complete automobile dealerships as required by the First Amendment to the Second Amended and Restated Disposition, Development and Owner Participation Agreement (`ARDDOPA") and direction to retain special legal counsel to pursue action for the breach of the first Amendment to the ARDDOPA and other related agreements between the City and CDC and various Alhassen entities. CHANGES TO THE AGENDA APPROVAL OF MINUTES Special Meeting of December 6, 2005 Regular Meeting of December 6. 2005 Special Meeting of December 20, 2005 Regular Meeting of December 20, 2005 Special Meeting of January 3, 2006 Regular Meeting of January 3, 2006 1 CERrify T6T OW13 Of Tf1E COUNCO Awdh foe IN PRESENTATIONS * MIETiNG of pp 3I Z4 �G WOW PMEd Blue Star '144ftRdANX TATh Ik 1187 BRo" DATEdi 03/ «/0(o off icE of E CGry G 77 7, „ City Council Agenda for b1ch 21, 2006 ADDRESSING THE CITY COUNCIL (3 minutes each speaker) If you would like to address the City Council regarding a municipal matter that is not on the Agenda, please complete a Speaker's Card and submit it to the City Clerk any time prior to Oral Communications - Item A on the Agenda. You may approach the podium when called upon by the Mayor. If you would like to address the City Council regarding an item on the Agenda, including Public Hearing matters, please complete a Speaker's Card and submit it to the City Clerk any time prior to the item being discussed. Citizen comments will be taken at the time the subject matter is considered by the City Council. You may approach the podium when called upon by the Mayor. Speaker's Cards are available on the table at the entrance to the Council Chambers. A) ORAL COMMUNICATIONS — 30 Minutes Total Allotted Time (3 minutes each speaker — Ordinance No. 502 adopted October 22, 1950) B) UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS 1) Continued Public Hearing Appeal of Precise Plan No. 04-09 Appeal of Negative Declaration of Environmental Impact Applicant: RHL Design Group, Inc. Location: 2700 East Garvev Avenue South (Crestview Cadillac) a) b) c) d) e) g) Verification of publication and mailing Open hearing Staff presentation Public testimony Close hearing Council discussion Recommendation: following resolution: RESOLUTION NO. Staff recommends that the City Council adopt the - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 04-09 ON APPEAL OF PLANNING COMMISSION ACTION Motion by 2°d by to waive further reading of the resolution, read by title only and adopt disapprove hold over 03/21/06 Agenda material is available at www.westcovina.org City Council Agenda for Parch 21, 2006 • C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued) 2) Continued Public Hearing Conditional Use Permit No. 05-0I 2655 S. Citrus Street (South Hills Country Club) Wireless Communication Facilitv a) Verification of Publication and mailing b) Open Hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Department recommends that the City Council adopt the following resolution to allow the installation of a wireless communications tower designed as a pine tree at South Hills Country Club: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 05-01 ON APPEAL OF PLANNING COMMISSION ACTION Motion by 2" d by to waive further reading of the resolution, read by title only and adopt disapprove hold over D) CONSENT CALENDAR 1) Commission Summary of Actions (receive & file) a) Human Resources................................................02/08/06 b) Planning...........................................................03/14/06 2) Claims Against the City of West Covina (deny & notify claimant) Government Tort Claim Denials It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Verizon vs. City of West Covina • Joyce A. Gotto vs. City of West Covina • Jolene Humphrey vs. City of West Covina 03/21/06 3 Agenda material is available at www.westcovina.org City Council Agenda for Ach 21, 2006 0 D) CONSENT CALENDAR (continued) 3) Miscellaneous — City Manager's Office a) Letter Opposing MTA's Use of Local, State, and Federal Resources to Construct the Red Line Extension It is recommended that the City Council direct staff to forward a letter opposing the use of local, State, and federal resources to construct the red line extension to the MTA, Governor Schwarzennegger, and all County and State elected officials representing West Covina. Miscellaneous — Community Development Commission b) License Agreement Between the City of West Covina and West Covina Community Development Commission (Communications Tower on West Covina Sportsplex Site) It is recommended that the City Council: 1. Approve the attached proposed Communications Site Master License Agreement ("Master _License") to allow the City to license the use of the communications tower and adjacent property from the Community Development Commission. 2. Authorize the Mayor to execute the Master License on behalf of the City. Miscellaneous — Human Resources Department c) Petition for Formal Recognition - West Covina Maintenance Emplovees' Association It is recommended that the City Council: 1. Approve the request from the West Covina Maintenance Employees' Association to change their name to the West Covina Maintenance and Crafts Employees' Association; 2. Approve the Petition for Recognition from Adams and Associates to represent the West Covina Maintenance and Crafts Employees' Association. Miscellaneous — Police Department d) Buffer Zone Protection Program (BZPP) Homeland Security Grant It is recommended that the City Council: 1. Accept and appropriate the BZPP Grant ($47,287.50) as follows: • $39,287.50 into 217.31.3110.7160 for safety equipment items already itemized and approved through the State pass -through funding process. • $8,000 into 21731.2110.6050 for related training. 03/21/06 4 Agenda material is available at www.westcovina.org City Council Agenda for Nf3rch 21, 2006 • D) CONSENT CALENDAR (continued) 3) Miscellaneous — Public Works Department e) Citvwide Street Sweeaing — Contract Amendment It is recommended that the City Council authorize staff to approve a contract revision to Nationwide Environmental Services agreement in order to provide a pass -through of fuel and landfill increases for street sweeping services. f) Senior Center Parking Lot Repairs (Project No. BP-06306A) Change Order Authorization It is recommended that the City Council take the following actions: 1. Ratify the project Change Order to perform additional pavement replacement work at the West Covina Senior Citizen's Center. 2. Authorize the use of Proposition "C" funding in the amount of not to exceed $24,000 to perform that additional work (122.8 3. 8606.7900). ACTION ON CONSENT CALENDAR ITEMS NUMBER D-la THROUGH D-3f: Motion by to approve all items except: 2nd by END OF CONSENT CALENDAR 03/21 /06 5 Agenda material is available at www. westeovina. or.q ' City Council Agenda for Orch 21, 2006 E) PUBLIC HEARINGS 1) Public Hearing Appeal of Extension of Time: Third and Final Extension of Time for Tentative Tract Map No. 53667 Applicant: South Hills Home Partnership Location: Inspiration Point, south of Hillside Drive a) Verification of mailing b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council uphold the decision of the Planning Commission and deny the requested extension of time for Tentative Tract Map No. 53667. Motion by 2" d by approve disapprove hold over F) COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at pm to convene the CDC. Reconvene the City Council meeting at pm. G) DEPARTMENTAL MATTERS CITY ATTORNEY'S OFFICE 1) Consideration of Ordinance Relating to City Council Reorganization as a Result of the Change of Election to November of Odd Numbered Years It is recommended that the City Council introduce the attached Ordinance changing the West Covina Municipal Code Section 2-21 to require the City Council reorganization to occur each November consistent with the requirements of State law. Motion by J lj by approve disapprove hold over 03/21/06 6 Agenda material is available at www.westeovina.org City Council Agenda forfarch 21, 2006 G) DEPARTMENTAL MATTERS (continued) H) I) J) COMMUNICATIONS 2) Radio Svstem Report It is recommended that the City Council: 1. Receive the Consultant's Report on the Radio System and approve the recommendation that the City pursue Option 6. 2. Initiate discussions with Pomona to partner with their city in a Joint Trunk Radio System. 3. Approve expenditure of $50,000 for a Consultant to develop the Radio System Specification and Design from the FY 2006 Federal Appropriation of $200,000 that was awarded to the City in November 2005. 4. Authorize staff to investigate the feasibility of the 911 User Fee for a portion of the system cost. Motion by approve 2nd by disapprove hold over CONTINUED ORAL COMMUNICATIONS This is the time for citizens to address the City Council if the thirty -minute time allotment at the be,inning of the meeting was exhausted. ` MAYOR'S REPORTS COUNCILMEMBERS' REPORTS 1) Councilmember Hernandez Letter Supporting AB 2923 Reimbursement of Costs from Minors that Commit Graffiti and Vandalism It is recommended that the City Council: 1. Support AB 2923, which allows communities to seek reimbursement of costs for graffiti abatement on a minor's vehicle registration and increases the court's authority to suspend the minor's driving privileges for up to three years; and 2. Direct staff to forward letters supporting AB 2923 to all State elected officials .representing the City of Plcst Covina. Motion by approve 2„d by disapprove hold over 03/21 /06 7 Agenda material is available at www.westeovina.org City Council Agenda for NZ'dreh 21, 2006 K) CONFERENCE AND MEETING REPORT (In accordance with AB 1234, Councilmembers shall make a brief written or verbal report on any meeting/event/conference attended at City expense.) 1) AB 1234 — Summary of International Council of Shopping Centers Conference It is recommended that the City Council receive and file this report. Motion by 2nd by to receive and file. L) CITY COUNCIL REORGANIZATION 1) Comments by outgoing Mayor Shelley Sanderson 2) Incoming Mayor Steve Herfert to receive Oath of Office and City Council Reorganization 3) Designation of Alternate to Los Angeles County Sanitation District ADJOURNMENT Motion by 2nd by to adjourn the meeting at Tentative City Council Meetinas Tuesday April 4 7:00 p.m. Council Chambers Regular Meeting Tuesday April 18 7:00 p.m. Council Chambers Regular Meeting Tuesday May 2 7:00 p.m. Council Chambers Regular Meeting Tuesday May 16 7:00 p.m. Council Chambers Regular Meeting pm. 03/21/06 8 Agenda material is available at www.westcovina.org