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08-19-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL August 19, 2008 Mayor Lane called to order the regular meeting of the West Covina City Council at 7:04 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Reverend Mary Hollifield West Covina United Methodist Church PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson (arrived 7:12 p.m.), Touhey REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: All members were present except Councilmembers Hernandez and Sanderson and prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. Items on the City Agenda: Conference with Legal Counsel — One potential case - Council authorized the firm of Mesisca, Riley, Kreitenberg, to proceed with possible action against ICRMA regarding contractual obligations against the City. CHANGES TO THE AGENDA No changes. PRESENTATIONS: Mayor Lane, assisted by Roman Rojo, Manager of the National Little League Pirates, presented a Certificate of Recognition to members of the Pirates as City Major Division Champions. Mayor Lane, assisted by Victor Banuelos, Manager of the National Little League Red Sox, presented Certificates of Recognition to members of the Red Sox as City Minor Division Champions. Mayor Lane, assisted by Victor Banuelos, Manager of the WC National Little League 9 & 10 Year Old All Stars, presented Certificates of Recognition to team members for earning the title of District 19 All Star Champions. Mayor Lane, assisted by City Manager Andrew Pasmant, presented Doug Melsaac with a Resolution of Commendation for 14 years of service to West Covina. ANNOUNCEMENTS None. RECESS Mayor Lane recessed the meeting at 7:33 p.m. The City Council meeting reconvened at 7:48 p.m. with all members present. City Council Minutes of August 19, 2008 ORAL COMMUNICATIONS Wayne Worley Wayne Worley, representing West Covina Police Officers Association, expressed the Police Officer's Association support of Council during current tough economic climate and difficult decisions they have had to make and requested that if any funding becomes available in the future that the council consider restoring staffing levels of city departments. Milford C. Walker Milford C. Walker, West Covina resident, stated his surprise and opposition to Council eliminating the broadcasting of council meetings. Mike Lee Mike Lee, Azusa resident, also stated his opposition to the elimination of broadcasting of meetings. Fredrick Sykes Fredrick Sykes, West Covina resident, addressed the value of live broadcasts of city council meetings and opposed the elimination of broadcasts and requested Council restore live broadcasts and internet access. Alfred L. Williams Alfred L. Williams, West Covina resident, opposed elimination of televised and internet broadcasts of council meetings and submitted petitions with signature in support of reinstating the broadcasting of council meetings. Royall K. Brown Royall K. Brown, West Covina resident, opposed the acronym PEG being used in a staff report without ever defining what PEG stands for; and stated his support in restoring the broadcasting of meetings. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the location at 1819 Orange Ave. which has portable POD's in the driveway and requested staff look into; and addressed budget issues. Elsie Messman Elsie Messman, West Covina resident, addressed expenditures of the City Council and the city's budget. Glenn Kennedy Glenn Kennedy, West Covina resident, addressed the traffic committee recommendation and requested a stop sign at Morris Avenue instead of speed humps; spoke in support of WCCT but supported the decision of Council. John Solis John Solis, West Covina resident, spoke to reinstate broadcasting of meetings; addressed options of volunteer program for cable broadcasting. Cookie Nance Cookie Nance, West Covina resident, spoke in support of Discover West Covina. Bruce Leinbach Bruce Leinbach, West Covina resident, addressed cable television and internet access and supported reinstating broadcasting of meetings. Herb Redholtz Herb Redholtz, West Covina resident, thanked Doug McIsaac for his service to the City; spoke in support of broadcasting city council and planning commission meetings but understood the City's economic situation. 2 City Council Minutes of August 19, 2008 Dana Sykes Dana Sykes, West Covina resident, thanked Urban Graffiti for removal of graffiti; addressed the elimination of broadcasting city council meetings. Ray Hernandez Ray Hernandez, West Covina resident, supported reinstatement of live broadcasts. Dr. Peter H. Davis Dr. Peter H. Davis, West Covina resident, stated he has enjoyed the meetings on cable, but supported council's decision to eliminate the broadcasts due to budget issues. George Ogden George Ogden, West Covina resident, supported reinstating broadcasts of meetings and suggested looking into outside sources for funding; addressed roadwork on Lark Ellen. Janet Creech Janet Creech, West Covina resident, addressed the reinstating broadcasts of cable programs and applauded residents who come out to voice their views. Kenneth Gilstrap Kenneth Gilstrap, West Covina resident, addressed concerns with the elimination of council meeting broadcasts and urged council to consider tonight's suggestions to reinstate. Shirley Buchanan Shirley Buchanan, West Covina resident, addressed the City's preliminary budget and complimented the Finance staff; and posed several questions regarding reports on tonight's agenda. Albert Esqueda Albert Esqueda, West Covina resident, addressed Morris Avenue being used as a cut -through for freeway access and asked Council to assist with the issues. William Williams William Williams, West Covina resident, is a concerned resident not able to view council meetings and asked council to listen to solutions to restore meeting broadcastings. Mary Lou Echternach Mary Lou Echternach, representing Los Angeles MTA Board Director John Fasana, addressed "congestion pricing," requested Council to hold off on adoption of resolution opposing the conversion of High Occupancy Vehicle and High Occupancy toll Lanes on Interstates 10 and 210 until after State legislators meet on this issue. Laura Aguilar Laura Aguilar, West Covina resident, addressed traffic issues on Morris Avenue, requested alternative to speed humps for traffic issues. Don Pascoe Don Pascoe, West Covina resident, addressed elimination of City Council coverage on cable and communications with seniors and asked Council to reinstate. Item E-1 moved forward Mayor Lane requested and received Council consensus to move Agenda Item E-1, Public Hearing, Orangewood Park Master Plan —Amendment No. 4, forward. Public Hearing E-1 Orangewood Park Master Plan Orangewood Park Master Plan Amendment No. 4 Mayor Lane announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Lane proceeded to open the hearing and Principal Planner Jeff Anderson provided a brief summary of the proposed Master 3 City Council Minutes of August 19, 2008 Plan amendment highlighting the design and various improvements. Open Testimony Mayor Lane proceeded to open the public testimony portion of the hearing and asked for public comment. Mario Mesa, West Covina resident, supported the proposed plan as being in the best interest of the children. Art Ballin, West Covina West Covina resident and president of West Covina Youth Soccer, stated he was glad the plan was moving forward but concerned that the plan will not continue beyond tonight. He expressed his concern that some of the amenities will not move forward due to budget constraints. George Castellanos, West Covina resident and Youth Soccer coach, requested the council continue to support the project. Close Testimony With no one else wishing to address Council, Mayor Lane closed the public testimony portion of the hearing. Mayor Pro Tem Hernandez stated the Master Plan was long overdue and supported the proposed soccer fields plan. Councilmember Touhey voiced his support of the project and discussed grant funding options to assist with the project. Motion by Hernandez to also encourage staff to look into funding options. Seconded by Sanderson. Motion carried 5-0. Assistant City Clerk Rush presented: Reso No. 2008-55 RESOLUTION NO. 2008-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ORANGEWOOD PARK MASTER PLAN AMENDMENT NO.4 Motion Motion by Herfert and second by Touhey to waive further reading of the resolution and adopt. Motion carried by 5 - 0. Item I-1 moved forward Mayor Pro Tem Hernandez requested and received Council consensus to move Item I-1 forward. Councilmembers' Request for Reports, Studies or Investigations Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tem Roger Hernandez Seeking Council's I-1 Consensus to Reconsider Re -instituting WCCT Channel 55 Reconsider WCCT Taping Mayor Pro Tem Hernandez stated he was absent when Council eliminated WCCT taping and asked Council to take a second look at re -instituting Council meetings on cable television and requested this item come back as an action item at the next meeting. Council discussion ensued regarding the current economic climate and budget concerns. Mayor Pro Tem Hernandez addressed other areas in which expenditures are still being made and which could be reduced. Council comments continued regarding budget decisions that are made. Motion Motion by Herfert and second by Sanderson to table this item. Motion carried by 4 —1 (Hernandez No). 0 City Council Minutes of August 19, 2008 CONSENT CALENDAR Councilmember Touhey announced he would abstain from Item D- 5a due to a conflict of interest. He stated he had an opportunity to purchase property in the area while not on the council. D-1 City Council Meeting Minutes (receive & file) • Special Meeting of March 18, 2008 • Regular Meeting of March 18, 2008 • Special Meeting of March 20, 2008 • Special Meeting of April 1, 2008 • Regular Meeting of April 1, 2008 • Special Meeting of April 15, 2008 • Regular Meeting of April 15, 2008 • Special Meeting of May 1, 2008 D-2 Commission Summary of Actions (receive & file) Commission Summary of Actions a) Human Resources 06/11/08 b) Planning 06/24/08; 07/08/08; 07/22/08 c) Special Joint Planning/Community Services 07/08/08 D-3 Claims Against the City (deny & notify claimant) Claims Against the City Government Tort Claim Denials • Vincenzo J. Moretti vs. City of West Covina • Randal Ruiz vs. City of West Covina • Gererado Corral vs. City of West Covina • Randy Lopez vs. City of West Covina • Wei Tien vs. City of West Covina D-4a Award of Bid Award of Bid — Traffic Signals . Award of Bid for Traffic Signal Modifications at Azusa Avenue/Puente Avenue, Azusa Avenue/Cameron Avenue, and Azusa Avenue/Merced Avenue — Addition of Left -Turn Phasing (Project No. SP-08109) Recommendation is that the City Council accept the bid of Macadee Electrical Construction, Inc, in the amount of $175,394.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contact. D-4b Award of Bid Purchase of Breathing Apparatus Self Contained Breathing Apparatus — Award of Purchase Recommendation is that the City Council waive the formal contract procedure and approve an award of purchase for twenty- six (26) self-contained breathing apparatus (SCBA) in the amount of $146,354 including tax, from Account No. 218.32.3210.7160, directly from L.N. Curtis & Sons, per the County of Los Angeles formal RFP IS-1012-2 and the resulting contract MA-IS-43634. Approval of Final Map D-5a Approval of Final Map for. Tract No. 62346 Final Map — Tract No. 62346 Location: 1773 W. San Bernardino Road Subdivider: WC Homes, LLC (Industrial and Office Condos Reso No. 2008-50 RESOLUTION NO. 2008-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 62346 AND DIRECTING THE RECORDATION THEREOF (WC HOLMES, LLC) D-6 Traffic Committee Minutes of July 15, 2008 (accept & file) Traffic Committee Minutes Recommendation is that the City Council take the following actions: a. Accept and file the following minutes of the Traffic Committee meeting held on July 15, 2008: 5 City Council Minutes of August 19, 2008 I. Albert Esqueda, West Covina resident That a multi -way stop be installed at Morris Avenue and Thelborn Street and that the traffic condition on Morris Avenue from Pacific Lane to Puente Avenue be reviewed. Traffic Committee Recommendation: That the speed feedback sign be relocated from Pacific Avenue and be installed along Morris Avenue from Pacific Lane to Puente Avenue. That a survey of the residents be conducted regarding the installation of speed humps on Morris Avenue from Pacific Lane to Swanee Lane. That centerline and right edge striping be installed on Morris Avenue from Pacific Lane to Puente Avenue. That the radar trailer be utilized to make drivers aware of their vehicle speed along Morris Avenue and the Police Department increase speed enforcement as feasible. II. City Initiated That speed limit for Aroma Drive from Azusa Avenue to Galster Way be reduced from 40 miles per hour to 35 miles per hour. Traffic Committee Recommendation: That an ordinance be adopted to amend Section 22-132 of the West Covina. Municipal Code relating to the reduction of the posted speed limits from 40 miles per hour to 35 miles per hour on Aroma Drive from Azusa Avenue to Galster Way. b. Introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS D-7 City Treasurer's Report (receive & file) Treasurer's Report Report for the Month of June 2008 Miscellaneous — City Clerk's Office D-8a Community Redevelopment Law Disclosure Forms CDC Law Disclosure Forms Recommendation is that the. City Council receive and file the property disclosure statements from designated employees pursuant to Section 33130 of the California Health & Safety Code. Miscellaneous — City Manager's Office D-8b BKK Landfill Site Quarterly Status Report BKK Landfill Status Report Recommendation is that the City Council receive and file this report. D-8c Resolution Supporting the Construction of a NFL Stadium in the NFL Stadium in Industry City of Industry, California Recommendation to adopt the following resolution: RESOLUTION NO.2008-51 — A RESOLUTION OF THE CITY Reso No. 2008-51 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR THE CONSTRUCTION OF A NFL STADIUM IN INDUSTRY, CALIFORNIA 2 City Council Minutes of August 19, 2008 Miscellaneous — Community Services Department D-8d Resolution Declaring Support for the Investigation of Coordinated Transportation Solutions — Covina Transportation Solutions Reso No. 2008-52 Recommendation to adopt the following resolution: RESOLUTION NO. 2008-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR THE INVESTIGATION OF COORDINATED TRANSPORTATION SOLUTIONS BETWEEN THE CITIES OF WEST COVINA AND COVINA Miscellaneous — Human Resources Transmission of Memorandum of Understanding and Implementing Resolution for the West Covina Police Management D-8e Association MOU — Police Management Recommendation is that the City Council approve the proposed salary benefit enhancement for the West Covina Police Management Association (PMA) by adopting the following resolution: Reso No. 2008-53 RESOLUTION NO. 2008-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE POLICE MANAGEMENT ASSOCIATION Miscellaneous - Police Department D-8f Private Grant (Kaiser Permanente) for Police Explorers Grant for Police Explorers Recommendation is that the City Council accept the new Kaiser Permanente grant and appropriate $5,000 into 221.31.3112.6270. D-8g Surplus Equipment Surplus Equipment Recommendation is that the City Council donate five surplus computers to the Rowland Unified School District Police Department. Miscellaneous — Public Works Department Request for Reallocation of Property Taxes County Sanitation District No. 15 (Annexation No. 287) D-8h Location: Northeast Quadrant of Azusa Avenue and Amar Taxes — 700 Pads/Golf Course Road (700 Pads Habitat, and Future Golf Course Properties_ Reso No. 2008-54 Recommendation to adopt the following resolution: RESOLUTION NO. 2008-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 15 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 15, BEING ANNEXATION NO. 287 D-8i Shadow Oak Stair Tower Renovation - Informational Report Shadow Oak Tower Renovation Recommendation is that the City Council receive and file this report. 7 City Council Minutes of August 19, 2008 AB1234 Conference and Meeting Report (receive & file) D-9 Independent Cities Association Conference and Meeting Report Conference & Meeting Report Recommendation is that the City Council receive and file this report. CONSENT CALENDAR ACTION Motion by Touhey and second by Sanderson to waive further reading of the resolutions/ordinance and adopt/introduce and approve all items with the record reflecting that Touhey abstained on Item D-5a. Motion carried 5 — 0 by the following Roll Call vote: AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None ABSTAIN: Touhey (Item D-5a only) PUBLIC HEARINGS Public Hearing E-1 Orangewood Park Master Plan Orangewood Park Master Plan Amendment No. 4 Item E-1 was discussed earlier in the evening following Oral Communications. Public Hearing Code Amendment No. 07-04 Condominium Conversions in Multiple -Family Residential Areas Applicant: City of West Covina E-2 Location: Citywide Code Amendment No. 07-04 Mayor Lane announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Lane proceeded to open the hearing and Principal Planner Jeff Anderson provided a summary of the staff report regarding the conversion of apartments to condominiums. Councilmember Sanderson left the meeting at 10:20 p.m. Open Testimony Mayor Lane proceeded to open the public testimony portion of the hearing and asked for public comment. Royall Brown, West Covina resident, addressed parking issues associated with condominiums and stated that the proposed ordinance will not address this and urges further study. Frank Striegl, representing La Fayette Park apartments on Glendora Avenue, addressed organizations concerns with certain elements of the proposed ordinance. Mr. StriegI stated they currently have an application in the Planning Department for condo conversion. Close Testimony With no one else wishing to address Council, Mayor Lane closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Ordinance ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL .CODE RELATING TO CONDOMINIUM CONVERSIONS IN MULTIPLE -FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 07-04) Motion Motion by Touhey to not support the ordinance due to certain restrictions within the ordinance. City Council Minutes of August 19, 2008 Alternate Motion Alternate motion by Hernandez to study conversion more and bring back. Touhey stated he would support with the condition that the current application move forward under provisions of the current ordinance. City Attorney stated that an application would fall under the provisions of the ordinance in place when the application is finalized. If changes are made to the provisions during the application process, prior to the application being finalized, the application would then fall under the new provisions. Second to motion Following further comments, Touhey seconds Hernandez' motion to study further and bring back. Motion Motion by Herfert and second by Hernandez to waive further reading of the ordinance and introduce the proposed ordinance. Motion failed by 2 -2 (Touhey, Lane — No). Point of Order question Mayor Pro Tem Hernandez inquired as to whether it is appropriate to table item I-1 as his request was to bring back re -instituting the broadcasting of meeting as an action item. City Attorney stated the motion to table was not an inappropriate motion. Discussion as to whether Mayor Pro Tern Hernandez actually made a motion, in which a request for a second was not entertained. Assistant City Clerk Rush verified that Mayor Pro Tern Hernandez made a request of council and did not make a motion. Items H-1 and I-3 Action taken on Items H-1 and I-3 prior to the following public hearing. (Please see items below for action taken). Public Hearing Federal Transit Administration Section 5310 (Elderly & E-3 Disabled Specialized Transit) Grant Program Elderly Transit Grant Mayor Lane announced the public hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Lane proceeded to open the hearing and Community Services Director McNeil provided a brief summary of the report. Open Testimony Mayor Lane proceeded to open the public testimony portion of the hearing and asked for public comment. Close Testimony With no one wishing to address Council, Mayor Lane closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Reso No. 2008-56 RESOLUTION NO. 2008-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING TO THE GOVERNOR THAT NO NON-PROFIT CORPORATIONS OR ASSOCIATIONS ARE READILY AVAILABLE IN THE SERVICE AREA TO PROVIDE THE PROPOSED DIAL -A -RIDE SERVICE TO ELIGIBLE WEST COVINA RESIDENTS Motion Motion by Herfert and second by Hernandez to waive further reading of the resolution and adopt. Motion carried by 4 — 0. COMMUNITY DEVELOPMENT COMMISSION Motion by Touhey and second by Hernandez to hold over the CDC Agenda to the next regular meeting of the Commission. Motion carried 4-0. E City Council Minutes of August 19, 2008 DEPARTMENTAL MATTERS City Manager's Office Designation of Voting Delegate for League of California Cities G-1 Voting Annual Conference League Voting Delegate Motion by Touhey and second by Hernandez to hold this item over to the next regular Council meeting. Motion carried 4-0. MAYOR'S/COUNCILMEMBERS REPORTS Councilmember Steve Herfert Resolution in Opposition to Conversion of High Occupancy H-1 Vehicle (HOV) Lanes to High Occupancy Toll (HOT) Lanes on HOV/HOT Lanes Interstate 10 and Interstate 210 Motion by Herfert and second by Touhey to hold this item over to the. following meeting. Motion carried by 4 — 0. COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS This item was brought forward for discussion after Item E-1. Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tem Roger Hernandez Seeking Council's I-1 Consensus to Reconsider Re -instituting WCCT Channel 55 Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tem Hernandez Seeking the City I-2 Council's Consensus to Install Flagpoles at all City Facilities Flagpoles at City Facilities Motion by Touhey and second by Hernandez to hold this item over to the next regular meeting of the Council. Motion carried 4-0. Councilmember Steve Herfert Request from Councilmember Steve Herfert Seeking the City Council's Consensus to Prepare a Resolution Opposing Salem Communications' Installation of Five Radio Towers in 1-3 Unincorporated Los Angeles County Opposing Radio Towers Motion by Herfert and second by Hernandez to direct staff to send a letter to the County of Los Angeles opposing Salem Communications' Installation of Five Radio Towers in Unincorporated Los Angeles County. Motion carried by 4 — 0. COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Touhey and second by Herfert to adjourn the meeting at 11:05 p.m. in memory of • Charles Lopinto, a 50 year resident of West Covina, member of the West Covina Elks, and a Charter member of the West Covina Senior Citizens Association. • Mary Kennedy, mother of Commissioner Glenn Kennedy and 58 year resident of West Covina. • Luis Hernandez, grandfather of Mayor Pro Tem Roger Hernandez. Motion carried by 4 — 0. Sub tted by: Asgistanf-City Clerk Susan Rush Mayor Sherri Lane 10