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03-04-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 4, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL City Manager Andrew Pasmant Mayor Lane Mayor Lane, Mayor Pro Tern Hernandez, Councilmember Herfert, Sanderson, Touhey Others present: Pasmant, Alvarez-Glasman, Nichols, Fields, Freeland, Bachman, Dettor, Hoppe, LaCommare, Hoppe, McIsaac, McNeill, Segalla, Yauchzee, Rush REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Nichols reported the following: All members were present and prior to convening into closed session, all items on the City Council and Community Development Commission Agendas were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Legal Counsel — Anticipated Litigation: One Case — No action taken. Public Employee Release — No action taken. Items on the CDC Agenda: Conference with Real Property Negotiators — Property: 730 So. Orange Ave. — No action taken. CHANGES TO THE AGENDA City Attorney Alvarez-Glasman replaced Deputy City Attorney Nichols at the dais. PRESENTATIONS Blue Star Video was aired. Mayor Lane presented Lloyd Johnson and John Solis with certificates recognizing their volunteerism with the Community Enhancement Program in removing graffiti throughout our community. Mayor Lane assisted by Community Services Director McNeill, introduced the following Volunteers of the Year and presented each with a certificate: * Michelle Souza-2007 Recreation Services Volunteer of the Year * Aurora Valles-2007 Community Services Volunteer of the Year * Gene Huber-2007 Senior Services Volu8nteer of the Year Mayor Lane assisted by Community Services Director McNeill, presented a Resolution of Commendation to outgoing Community Services Commissioner Luis Chacon. City Council Minutes of March 4, 2008 Mayor Lane assisted by Interim Human Resources Director Artie Fields presented outgoing Human Resources Commissioner Bill with a Resolution of Commendation. Mayor Lane also recognized outgoing Community Services Commissioner Norma Martinez and outgoing Planning Commissioner Gordon Fisher for their Services to the community, neither of whom was able to attend tonight's meeting. Assemblyman Ed Hernandez's field representative Rob Charles presented the three Volunteer's of the Year with certificates and thanked them for their volunteerism to the community. ORAL COMMUNICATIONS Joanne Wilner Joanne Wilner, West Covina resident, complimented the Target Grand Opening; addressed the street sweeping contract and requested council support staff recommendation to not implement an evergreen provision for the contract and felt it should be awarded through RFP process. Herb Redholtz Herb Redholtz, West Covina resident, thanked outgoing Planning Commissioner Fisher for his service; commended the City Attorney and staff for their efforts towards dismissal of the Scheuplein v. City of West Covina lawsuit; addressed a speaker's comments from a previous meeting. Royall Brown Royall Brown, West Covina resident, addressed the transition of elections over the year and urged the council to change the day of a city council meeting when the meeting is scheduled on an election day. Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library news. P. J. Joyner P. J. Joyner, West Covina resident, addressed rent control issue at mobile home park on San Bernardino Road and requested Council's support in enforcing the rent control ordinance. Anthony Chacon Jr. Anthony Chacon Jr., West Covina Basketball League, requested Council consider waiving fess for their use of the community center for league play that is not during their normal season. Cheryl Jamison Cheryl Jamison, student at Mt. SAC, addressed opportunities at Mt. SAC and encouraged Council's continued support. CONSENT CALENDAR Councilmember Touhey requested that Item D-4b be removed for separate consideration. D-1 City Council Meeting Minutes No minutes submitted. Commission Summary of Actions (receive & file) D-2 a) Community Services 01/08/08 b) Human Resources 01 /09/08 c) Planning 02/26/08 d) Senior Commission 01/24/08 Ordinance for Adoption (waive reading & adopt) Identification Card Requirement for In -Home Services D-3a Workers Required ID Cards ORDINANCE NO. 2170 - AN ORDINANCE OF THE CITY 2 City Council Minutes of March 4, 2008 Ordinance No. 2170 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING A MANDATORY IDENTIFICATION CARD REQUIREMENT FOR EMPLOYEES OR REPRESENTATIVES OF BUSINESSES WHO ROUTINELY PROVIDE IN -HOME SERVICE TO RESIDENTIAL PROPERTIES Amending Section 22-183.1 D-3b Display of "For Sale" Signs On Vehicles "For Sale" Signs on Vehicles ORDINANCE NO. 2171 - AN ORDINANCE OF THE CITY Ordinance No.2171 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-183.1 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DISPLAY OF "FOR SALE" SIGNS ON VEHICLES Ordinance for Adoption D-3c Change in Bid Limits Change in Bid Limits ORDINANCE NO. 2172 - AN ORDINANCE OF THE CITY Ordinance No. 2172 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VII (PURCHASES AND SALES) INCREASING THE DOLLAR THRESHOLDS AS DEFINED IN SEC. 2-333 AND SEC. 2-334 OF THE WEST COVINA MUNICIPAL CODE Ordinance for Adoption D-3d Historic Preservation Ordinance Historic Preservation ORDINANCE NO. 2173 - AN ORDINANCE OF THE CITY Ordinance No. 2173 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE ESTABLISHMENT OF A VOLUNTARY PROGRAM FOR THE PRESERVATION OF HISTORIC RESOURCES Award of Bid Award of Contract for Sewer System Management Plan — D-4a Phase II (Project No. SP-08113) Sewer System Mtc Plan Recommendation is that the City Council accept the proposal of Willdan in the amount of $111,650 for the preparation of Phase II of the City's Sewer System Management Plan (SSMP) and authorize the Public Works Direct/City Engineer and City Clerk to execute the contract. This report was removed for separate consideration. See below for action taken. Citywide Street Sweeping — Contract Amendment to Include D-4b Alternative Fueled Compressed Natural Gas (CNG) Sweepers Alternate Fuel Street Sweepers Recommendation is that the City Council accept the proposal submitted by NES excluding the seven-year evergreen term and authorize the City Manager to execute a seven-year contract extension. D-5 Traffic Committee Minutes of February 19, 2008 (accent & file) Traffic Committee Minutes . I. City Initiated That speed limit for Morganfield Avenue from Hollingworth Street to Forecastle Avenue be deleted from the Municipal Code. Traffic Committee Recommendation That the speed limit for Morganfield Avenue from Hollingworth Street to Forecastle Avenue be deleted from the Municipal Code. t City Council Minutes of March 4, 2008 That Morganfield Avenue from Hollingworth Street to Forecastle Avenue be posted at 25 miles per hour. That Police Department begin enforcement of the prima facie 25 miles per hour. 11. Request of Oscar Garza, West Covina Resident That no parking on street sweeping days be removed on Gretta Avenue from Charlinda Street and East Larkwood Drive. Traffic Committee Recommendation That no parking on street sweeping days be removed on Gretta Avenue from Charlinda Street and East Larkwood Drive. D-6 City Treasurer's Report (receive & file) Treasurer's Report Report for the Month of January 2008 Miscellaneous — Human Resources Approval of Class Specification for Head Cook (Senior Center D-7a Chef) Formerly Cook Position Class Spec — Head Cook Recommendation is to adopt the following resolution: Resolution No. 2008-9 RESOLUTION NO. 2008-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR HEAD COOK (SENIOR CENTER CHEF) D-7b Approval of Class Specification for Police Cadet Class Spec — Police Cadet Recommendation is to adopt the following resolution: Reso No. 2008-10 RESOLUTION NO. 2008-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR POLICE CADET CONSENT CALENDAR ACTION Motion by Sanderson and second by Touhey to waive further reading of the resolution/ordinances and adopt all items except Item D-4b. Motion carried 5 — 0 by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None Item D-4b Citywide Street Sweeping — Contract Amendment to Include Alternative Fueled Compressed Natural Gas (CNG) Sweepers — Councilmember Touhey spoke in support of the proposed amendments to the contract including the seven-year evergreen term. Motion Motion by Touhey to approve the contract amendment as proposed by Nationwide Environmental Services (NES) for the inclusion to provide CNG street sweepers and to include the seven-year evergreen contract term. Councilmember Sanderson inquired as to additional funding for the amendments and Public Works Director Yauchzee stated that staff would be returning with the annual sewer assessment and would be recommending an 8% increase in sewer assessments to fund the amendments. In response to questions regarding the evergreen term, the president of NES stated their proposal included the request for the evergreen term due to the large capital investment and the maintenance and operation costs with "green" vehicles. 0 City Council Minutes of March 4, 2008 Councilmember Sanderson offered a second to motion made by Touhey. Mayor Pro Tern Hernandez inquired as to why staff recommended excluding the seven-year evergreen term, to which Yauchzee responded. Alternate motion Mayor Pro Tern Hernandez expressed concern with an evergreen contract and offered an alternate motion to approve staff recommendation to accept the proposed contract amendment without the evergreen term and to execute a seven-year contract extension. Motion died for lack of second. Action Original motion by Touhey carried 4-1 (Hernandez opposed) PUBLIC HEARINGS E-1 Public Hearing Fees & Charges Fees and Charges (Pet Store Permit Fee) Mayor Lane announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Lane opened the public hearing. Finance Director Bachman presented a brief staff report regarding the proposed fee being established for cost recovery of the issuance of a permit requirement for pet stores engaged in the retail sale of dogs. Public Testimony Mayor Lane opened the public testimony portion of the hearing and asked for public comments. Lloyd Johnson, West Covina resident, thanked the City Council for the ordinance prohibiting the sale of dogs in West Covina that are bred in puppy mills. Close Testimony There being no one else desiring to address the Council, Mayor Lane closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Reso No. 2008-10 RESOLUTION NO. 2008-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES (PET STORE PERMIT FEE) Motion Motion by Touhey and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 5-0. COMMUNITY DEVELOPMENT COMMISSION Mayor Lane recessed the City Council meeting at 8:04 p.m. to convene the Community Development Commission. The City Council reconvened at 8:05 p.m. with all members present. DEPARTMENTAL MATTERS City Attorney's Office Update on Dismissal of the Scheuplein V. City of West Covina G-1 Lawsuit Dismissal of Scheuplein Lawsuit City Attorney Alvarez-Glasman provided an update of the dismissal of the Scheuplein vs. City of West Covina lawsuit. Motion Motion by Touhey and second by Hernandez to receive and file. Motion carried by 5 — 0. 5 City Council Minutes of March 4, 2008 COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Motion by Hernandez and second by Touhey to receive council consensus to approve the three items to come back as action items. Councilmember Sanderson and Herfert offered varying comments. Councilmember Herfert stated he would not support any of the items and Councilmember Sanderson stated she would not support items I-1 and I-2 but would support I-3. Following further discussion it was determined to take separate action on the items. Substitute motion by Sanderson and second by Herfert to consider each item separately. Motion carried 5-0. Mayor Pro Tern Roger Hernandez Request from Mayor Pro Tern Roger Hernandez Seeking the City Council's Consensus to Adopt a Policy to Require I-1 Competitive Bidding on the Sale of any City Owned Land Sale of City Land Bid Process Motion by Hernandez and seconded by Sanderson to bring back an action item to adopt a policy to require competitive bidding on the sale of any city owned land. Motion failed 1-4 (Herfert, Sanderson, Touhey, Lane opposed) Mayor Pro Tern Hernandez Request from Mayor Pro Tern Roger Hernandez Seeking the City Council's Consensus to Initiate an Ordinance to Change the Day a City Council Meeting is Held when it Lands on 1-2 Election Day Council Meeting on Election Day Motion by Hernandez and seconded by Touhcy to bring the item back as an action item. Motion carried 3-2 (Herfert, Sanderson opposed) Mayor Pro Tern Hernandez Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's Consensus to Request City Staff to Provide an I-3 Update on the Public Safety Facilities Needs Study Facilities Needs Study Motion by Sanderson and seconded by Hernandez to bring the item back as an action item. Motion carried 4-1 (Herfert opposed) COUNCILMEMBER COMMENTS Councilmember Touhey requested to agendize the West Covina Basketball League's proposal to add addition play time at the community center. Councilmember Touhey requested to amend the Blue Star banner program to allow residents with a family member in the service to place a banner close to their home at their own cost. Councilmember Herfert commented on the ribbon cutting ceremony at Target located in the commercial development at West Covina Heights and the success of the transformation of the area from a former landfill to a commercial site. Councilmembers Touhey, Hernandez, Sanderson and Lane concurred with Councilmember Herfert and added their comments. 0 City Council Minutes of March 4, 2008 ADJOURNMENT Submitted by: Assistant. City herk Susan Rush Motion by Sanderson and second by He meeting at 8:47 p.m. Motion carried by 5-0. . Lea Mayor Sherri Lane rnandez to adjourn the 7