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
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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
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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
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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
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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.
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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
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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
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