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06-06-2006 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 6, 2006 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:16 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Dr. Glen A. Thorp Community Presbyterian Church of West Covina PLEDGE OF ALLEGIANCE Councilmember Sanderson ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Councilmembers Hernandez, Lane, and Sanderson Others Present: Pasmant, Fields, Alvarez-Glasman, Chung, Durbin, Elliott, Freeland, Hoppe, McIsaac, Rush, Samaniego, Wills REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, the one item on the City Council agenda for closed session discussion was announced. All members were present. Conference with Legal Counsel -Existing Litigation, City of West Covina Et al. vs. Hassen Imports Partnership, Et al. — Council provided authorization to have Steve Owens of Squire Sanders to represent any member of Council or City staff with respect to discovery issues relative to this matter with a 4-1 vote, Hernandez voting no. CHANGES TO THE AGENDA City Manager Pasmant announced that addendums have been distributed relative to items D-6a, Letter of Opposition to AB 2987, and D-6b, Retirement Benefit Enhancement. PRESENTATIONS Blue Star Video was aired. Mayor Herfert introduced Brad Pollock, Band Director of Nogales High School and the bandleaders of the Nogales High School Band, and presented certificates of recognition to each member. PROCLAMATIONS Mayor Herfert presented Police Chief Wills, Fire Chief Elliott, and Community Services Director Steve Samaniego with a proclamation designating the Months of June, July and August 2006 as Summer Safety Awareness Months. ANNOUNCEMENTS City Manager Andrew Pasmant announced the following: • Every Thursday, June 8 through September 7, 2006 Summer Concert Series at the Lakes from 7:00 p.m.-9:00 p.m. • Every Friday, June 9 through September 1,.2006 — Live at the Lakes from 6:00 p.m. to 8:00 p.m. • Sunday, June 11, 2006 — Filipino Heritage Celebration, Opening Ceremony at 1:00 p.m. at Miracle Hill Campus, 18901 Amar, Walnut, CA. • Monday, June 19, 2006 — PMAC Golf Tournament at South Hills Country Club to benefit the MDA, 2655 S. Citrus, West Covina. Contact Larry Davis at 626) 938-7355 for information. Council minutes of June 6, 2006 • Saturday, June 24, 2006 — The Rose Float Foundation's "Evening of Wine and Roses", 5:00 p.m. to 9:00 p.m. at Heritage Park, 3510 Cameron Avenue. ORAL COMMUNICATIONS Tyra Mason Tyra Mason, West Covina Chamber of Commerce representative, • promoted upcoming Chamber of Commerce events. Joanne Wilner Joanne Wilner, West Covina resident, addressed business signs that do not meet code requirements and violations of the RV code. Adrianne Whitmore Adrianne Whitmore, daughter of Lillian Kiel, thanked the Council and staff for the memorial plaque dedicated to her mother. Lawrance Escobedo Lawrance Escobedo, West Covina resident, spoke on unresolved issues at the Boys Home on Loma Vista. Sue Nunez Sue Nunez, West Covina resident, also addressed issues at the Boys Home on Loma Vista. Mayor Pro Tern Touhey requested a list of calls for service to the Loma Vista Street area from Police and Fire. Police Chief Wills approached the podium and addressed several issues brought forward regarding the home. Mayor Herfert requested that a letter be brought back for his signature to be sent to the State Legislators outlining this house and the problems. Councilmember Sanderson requested that the City's noise ordinance be offered to the residents for their awareness of violations as they occur. Councilmember Lane requested the current proposed ordinance regarding rooming houses at the Planning Commission level be expedited. UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS No reports for this meeting. CONSENT CALENDAR Mayor Herfert requested Item D-6a Letter of Opposition — AB2987 (Nunez/Levine) Telecommunications be pulled for separate discussion. Mayor Pro Tern Touhey stated he will abstain from item D- 6c due to conflict. D-1 City Council Meeting Minutes (receive & file) City Council Minutes Special Meeting of December 13, 2005 Special Meeting of April 11, 2006 Special Meeting of May 2, 2006 Regular Meeting of May 2, 2006 Regular Meeting of May 16, 2006 • D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Human Resources 04/12/06 b) Special Joint Planning/Comm. Services 05/23/06 c) Planning Commission 05/23/06 D-3 Claims Against the City (deny & notify client) Claims Government Tort Claim Denials • Jesse Zamora vs. City of West Covina • Enedina Cardenas vs. City of West Covina 06/06/06 -2- Council minutes of June 6, 2006 Award of Bid D4a Award of Three -Year Contract to Southland Transportation for Dial-A-Ride/Shuttle Contract Operation of Dial -A -Ride and Shuttle Service Recommendation is that the City Council: 1. Accept the bid of Southland Transportation in the amount of . $3,390,543 (cumulative) for a three-year period commencing on July 1, 2006 and expiring July 1, 2009; and 2. Authorize staff to execute an agreement for the services outlined in the Request for Proposal. D-4b Award of Bid for Consulting Services to Design and Develop Land -Mobile Radio System Specifications for the Land -Mobile Radio System Recommendation is that the City Council accept the bid of Tech/Knowledge, Inc. for consulting engineering services to implement Phase II, Design and Develop Specifications for the Land -Mobile Radio System Replacement Project at a cost of $49,800 with an option to accept Phases III and IV upon completion of Phase II and authorize the Communications Director and the City Clerk to execute the contract. Approval of Final Maps D-5a Lot Line Adjustment No. 172 Lot Line Adj. No. 172 Location: 2300 South Azusa Avenue Applicant: West Covina Heights, LLC Recommendation is that the City Council authorize the Mayor and City Clerk to execute the lot line adjustment and adopt the following resolution: Resolution No. 2006-37 RESOLUTION NO. 2006-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,. CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 172 LOCATED AT 2300 SOUTH AZUSA AVENUE AND DIRECTING THE RECORDATION THEREOF D-5b Lot Line Adjustment No. 173 Lot Line Adj. No. 173 Location: 2300 South Azusa Avenue Applicant: West Covina Heights, LLC Recommendation is that the City Council authorize the Mayor and City Clerk to execute the lot line adjustment and adopt the following resolution: Resolution No. 2006-38 RESOLUTION NO. 2006-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 173 LOCATED AT 2300 SOUTH AZUSA AVENUE AND DIRECTING THE RECORDATION THEREOF D-5c Lot Line Adjustment No. 174 Lot Line Adj. No. 174 Location: 2300 South Azusa Avenue Applicant: West Covina Heights, LLC Recommendation is that the City Council authorize the Mayor and • City Clerk to execute the lot line adjustment and adopt the following resolution: Resolution No. 2006-39 RESOLUTION NO. 2006-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 174 LOCATED AT 2300 SOUTH AZUSA AVENUE AND DIRECTING THE RECORDATION THEREOF 06/06/06 - 3 - Council minutes of June 6, 2006 D-6a Miscellaneous — City Manager's Office Opposition to AB 2987/Telecomm. Letter of Opposition — AB2987 (Nunez/Levine) — Telecommunications Recommendation is that the City Council forward a letter of opposition to AB2987 (Nunez/Levine) — "Telecommunications" to all federal elected officials representing the City of West Covina. • D-6b Miscellaneous — Human Resources Retirement Benefit Retirement Benefit Enhancement — Miscellaneous Employees Recommendation is to increase the retirement benefit from 2% @ 50 to 2.5% at 55 as previously approved in the Memorandum of Understanding with five miscellaneous bargaining units and in the Department Head Salary and Benefit Resolution, the City Council is requested to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM D-6c Miscellaneous — Planning Variance — 1838 E. Workman Rescission of Variance No. 05-01 Applicant: Linda Logan, McIntyre Properties Location: 1838 E. Workman Avenue Recommendation is that the City Council adopt the following resolution: Resolution No. 2006-40 RESOLUTION NO. 2006-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,. CALIFORNIA, RESCINDING CITY COUNCIL RESOLUTION NO. 2005-58 APPROVING VARIANCE NO.05-01 D-6d Miscellaneous — Public Works Landscape Mtc Dist No. 7 Landscape Maintenance District No. 7 — Preliminary Approval of the Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2006-41 RESOLUTION NO. 2006-41 — 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 AUGUST 1, 2006 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2006-2007 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT D-6e Low Interest Loan Application for City Hall HVAC System Improvements (Proiect No. BP-06302) • City Hall HVAC System Recommendation is that the City Council take the following actions: 1. Adopt the following Resolution: Resolution No. 2006-42 RESOLUTION NO. 2006-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR A LOW INTEREST ENERGY EFFICIENCY IMPROVEMENT LOAN FROM THE CALIFORNIA ENERGY COMMISSION 06/06/06 - 4 - Council minutes of June 6, 2006 • 2. Direct staff to put this work out for competitive bid as a designibuild construction project. 3. Authorize the Public Works Director/City Engineer and City Clerk to negotiate the final loan amount with the California Energy Commission on the basis of the lowest responsible bid received. D-6f Miscellaneous — Risk Management BICEP JPA Big Independent Cities Excess Pool (BICEP): Amended and Restated Joint Powers Agreement and New Operating Documents Recommendation is that the City Council approve the amended and restated Joint Powers Agreement and approve and ratify the new operating documents by adopting the following resolution: Resolution No. 2006-43 RESOLUTION NO. 2006-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER OPERATING DOCUMENTS IN CONNECTION THEREWITH D-7 Councilmember Reports Code Amendment Initiation of Code Amendment Regarding Separation of Bams/Corrals & Swimming Pools Bams/Corrals and Swimming Pools Recommendation is that the City Council adopt the following resolution: Resolution No. 2006-44 RESOLUTION NO. 2006-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING AN AMENDMENT TO CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO SEPARATION OF BARNS/CORRALS AND SWIMMING POOLS IN SINGLE-FAMILY RESIDENTIAL ZONES D-8a Conference and Meeting Report (receive & file) Recommendation is that the City Council receive and file this report. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Hernandez to waive further reading of the ordinance/resolutions and introduce/adopt as recommended, and approve all items on the consent calendar with the record reflecting Touhey abstaining on Item D-6c and Item D- 6a to be considered separately. Motion carried 5 - 0. AYES: Hernandez, Lane, Sanderson, Touhey, Herfert NOES: None ABSTAIN: Touhey on D-6c only. ABSENT: None Item D-6a Letter of Opposition — AB2987 (Nunez/Levine) — Telecommunications Assistant to the City Manager Chris Freeland gave a brief presentation of the staff report. Motion by Hernandez and seconded by Sanderson to approve staff recommendation to forward a letter of opposition to AB 2987 (Nunez/Levine) to all State elected officials representing the City of West Covina. 06/06/06 -5- Council minutes of June 6, 2006 Mayor Herfert stated he will not support the recommendation to oppose AB2987, supported deregulation and encouraged competition amongst companies. Councilmember Lane concurred with Mayor Herfert. Motion carried 3-2 with Herfert and Lane voting no. • Mayor Herfert requested further information as to the process of a possible 2nd provider of cable service in the City. PUBLIC HEARINGS Cortez Park Master Plan Amendment No. 9 Applicant: City of West Covina E-1 Location: Cortez Park, 2441 E. Cortez Street Mayor Herfert announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing. Planning Director Doug McIsaac presented the staff report and answered questions. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Joanne Wilner, West Covina resident, stated she does not support the 50% reduction of lighting for safety reasons and the added cost, and said each park should be considered separately on their own merit. Greg Buell, president of American Little League, supported the extension of lights to 10:00 p.m. for the safety of all the children and staff. Testimony Closed With no other speakers wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. Council Discussion Councilmember Lane stated she is in favor of extending lights to 10:00 p.m. to ensure the safety of players, parents and volunteers. Councilmember Sanderson also stated her support as long as there is security lighting for parking. Assistant City Clerk Rush presented the following: Resolution No. 2006-45 RESOLUTION NO. 2006-45 - A RESOLUTION OF THE CITY Cortez Park Amendment No. 9 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CORTEZ PARK MASTER PLAN, AMENDMENT NO.9 Motion Motion by Touhey and seconded by Lane to approve extending the use of the sports field lighting from 9:00 p.m. to 10:00 p.m., requiring all games to end y 9:30 p.m. to insure adequate safety lighting in the parking area. Motion carried 5 — 0. Public Hearing E-2 West Covina Landscape Maintenance District No. 4 Landscape Mtc. Dist. No. 4 Mayor Herfert announced the public hearing matter and Assistant • City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing. Public Works Director Shannon Yauchzee presented the staff report and answered questions. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. 06/06/06 - 6 - Council minutes of June 6, 2006 • • Testimony closed With no speakers wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. Assistant City Clerk Rush presented the following: Resolution No. 2006-46 RESOLUTION NO. 2006-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2006 Motion Motion by Touhey and seconded by Sanderson to waiver further reading of the resolution, read by title only and adopt. Motion carved 5 — 0. Councilmember Hernandez inquired as to whether he is obligated to abstain from voting since he resides in Maintenance District 4. City Attorney Alvarez-Glasman stated Hernandez is not receiving any special benefit by approving the assessment, so his vote may stand. Public Hearing E-3 West Covina Landscape Maintenance District No. 6 Mayor Herfert announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert proceeded to open the hearing. Public Works Director Shannon Yauchzee presented the staff report and answered questions. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments. Testimony closed With no speakers wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing. Assistant City Clerk Rush presented the following: Resolution No. 2006-47 RESOLUTION NO. 2006-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2006 Motion Motion by Sanderson and seconded by Herfert to waiver further reading of the resolution, read by title only and adopt. Motion carried 5 — 0. COMMUNITY DEVELOPMENT COMMISSION No reports for this meeting. DEPARTMENTAL MATTERS Human Resources Department Modification of General Employees' Association and Public G-1 Safety Dispatchers' Association General Employee/PSD Units Staff report was presented by Interim Human Resources Director Artie Fields who presented an overview of the request from Police non -sworn employees to form a new non -sworn public safety 06/06/06 - 7 - Council minutes of June 6, 2006 • association which would include public safety dispatchers. Mr. Fields answered questions from Council regarding similar work schedules and community of interest of classifications. Tom Ramsey, representing the San Bernardino Public Employees Association, detailed the proposed new bargaining unit, requesting the Councils support. Yvette Falcon, West Covina Police Community Service Officer, requested the Councils support citing the approval of the Human Resources Commission. Elizabeth Romero, representing West Covina Police Records Clerks, requested support of the proposed new bargaining unit.. Terry Bartlett, West Covina Police Jailer, requested support. Cookie Nance, Human Resources Commissioner, requested the support of Council, stating the Human Resources Commission voted in favor of the new unit. Motion Motion by Touhey and seconded by Sanderson to support the Human Resources Commission recommendation and allow the non -sworn public safety classification in the General Association (Jailers, Police Records Clerks, and Community Service Officers) to form a non -sworn public safety association which will also include the Public Safety Dispatchers and Senior Communications Operators. Motion carried 5 — 0. POLICE DEPARTMENT G-2 Authorizing Reward in Double Homicide Case Police Chief Wills presented a brief overview of the case stating that a reward for information may bring witnesses forward. The following addressed the Council supporting the proposed reward. Elena Estrada, mother of Adam Rodriguez Claudia Ruiz, sister of Robert Ruiz Albert Huerta Motion Motion by Herfert and seconded by Touhey to increase the reward from $10,00 to $50,000 from General Fund reserves for information leading to the arrest and conviction of person(s) responsible for a double homicide occurring in the 2700 block of James Ave. in November, 2005. Councilmembers offered condolences to the family and supported the expenditure. Action Henry Melendez, Dynamic Investments, stated he would add $25,000 to the reward. Motion carried 5-0. CONTINUED ORAL COMMUNICATIONS 0 None. MAYOR'S/COUNCILMEMBERS' REPORTS Councilmember Report I-1 Bicycle Helmet Program Bicycle Helmet Program Motion by Herfert and second by Lane to approve the Bicycle Helmet Program as proposed by staff. Staff proposed a total of 06/06/06 Council minutes of June 6, 2006 0 Action $13,000 to be appropriated from the Charter Communications Settlement Fund 203 to fund 200 children's helmets at $30.00 each and 200 adult helmets at $35.00 each. Joanne Wilner, West Covina resident, commented on program criteria and having safe places for riders to park bikes. Motion carried 5-0. Mayor Herfert Procedures for Accepting Public Testimony at City Council I-2 Meetings Public Testimony Procedures Brief staff report presented by Assistant City Clerk Rush. Joanne Wilner, West Covina resident, supported no change in when one could address the City Council but did support extending the speakers time limit for comments from three minutes to five minutes. Motion by Hernandez and seconded by Herfert to limit public comments and input to one oral communication period at the beginning of the meeting for a maximum of five minutes per speaker, excluding any testimony related to a public hearing. Motion carried 5-0. Assistant City Clerk Rush presented the following ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTIONS 2-47 AND 2-48 PERTAINING TO PROCEDURES IN ADDRESSING THE CITY COUNCIL Motion by Touhey and seconded by Hernandez to waive further reading of the ordinance and introduce. Motion carried 5-0. COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS None. COUNCILMEMBER COMMENTS Mayor Herfert requested further information regarding options relating to a 2"d provider of cable service, as mentioned earlier during the consent calendar, be provided through a memo to Council prior to any further action. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 9:31 p.m in memory of Gino Dini, West Covina SHOP and Fire Department Volunteer, and Peter Poirer, husband of West Covina employee Jan Poirer. Motion carried 5-0. Respectfully submitted by: -• A sistant City Clerk Susan Rush 06/06/06 - 9 -