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12-16-2008 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 16, 2008 Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Herndndez, Mayor Pro Tern Sanderson Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION No closed session held this evening. CHANGES TO THE AGENDA No changes to the City Council agenda but City Manager Pasmant announced that one change will be noted on the Community Development Commission agenda when that meeting is called to order. PRESENTATIONS Mayor Herndndez recognized Alfred Williams for his efforts to record the City Council meetings and his being recognized by the San Gabriel Valley Tribune as a community hero for his outstanding community service and dedication in promoting transparency of government. ORAL COMMUNICATIONS Cookie Nance Cookie Nance, West Covina resident, wished the City Council a Merry Christmas. Fred Sykes Fred Sykes, West Covina resident, addressed the Graffiti ordinance being adopted this evening and a proposed council district ordinance that is allegedly going to be proposed by a councilmember. Irene Fleck Irene Fleck, West Covina resident, promoted upcoming events at the West Covina Library. Mark Smith Mark Smith, Glendora resident, addressed the initiative petition being circulated in West Covina for council districts. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the council district issue and hopes the council will not support the initiative petition. CONSENT CALENDAR Councilmember Herfert requested Item D-5d, Approval of Human Resource Manager and Deputy City Manager Job Specifications, be removed for separate consideration. Mayor Herndndez requested Item D-5b, Change the Frequency of Commission Meetings, be removed from the consent calendar for separate consideration. City Council Minutes of December 16, 2008 D-1 City Council Meeting Minutes (receive & file) Minutes No minutes for this meeting. Commission Summary of Actions (receive & file) D-2a Planning Commission 12/09/08 D-3a Ordinance for Adoption Graffiti Violations Ordinance Ordinance Amending Graffiti Violations Ordinance No. 2183 Recommendation is to adopt the following ordinance: ORDINANCE NO. 2183 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING PROVISIONS OF THE WEST COVINA MUNICIPAL CODE TO ALLOW AN ADMINISTRATIVE CITATION TO BE ISSUED TO THOSE WHO VIOLATE GRAFFITI PROVISIONS, AND TO THE PARENTS OF MINORS WHO VIOLATE GRAFFITI PROVISIONS D-3b Ordinance Amending Chapter 26 (Zoning) — Single -Family Single Family Zone Residential Zone Code Update Ordinance No. 2184 Recommendation is to adopt the following ordinance: ORDINANCE NO. 2184 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE MUNICIPAL CODE RELATING TO DEFINITIONS, PERMITTED USES, DEVELOPMENT STANDARDS, AND THE ESTABLISHMENT OF THE DESIGN REVIEW SUBCOMMITTEE IN SINGLE- FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 08-03) Award of Bid D-4a Award of Bid for Curb and Gutter Repair, Construction of Curb/Gutter Repair Wheelchair Ramps and the Construction of Concrete Bus Pads (Project Nos. SP-09103 and SP-09104) Recommendation is that the City Council take the following actions: 1. Accept the bid of Gentry Brothers, Inc. in the amount of $272,535.00 as submitted at the bid opening on December 2, 2008 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers, Inc. for the work to be done. 2. Authorize the Public Works Director to execute a change order in excess of 25% for this project to add additional locations to the project based on the available funding. 3. Authorize staff to freeze $200,000 of Proposition "A" funds (Fund 121). Award of Bid for Traffic Signal Modifications at Sunset Avenue at D-4b Workman Avenue — Addition of Left -Turn Phasing (Project No. Traffic Signal Modifications TP-04504) Recommendation is that the City Council accept the bid of C.T. and F., Inc. in the amount of $58,740.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. D-4c Award of Contract for Sewer System Management Plan — Phase III Sewer System Management Plan (Project No. SP-08113) Recommendation is that the City Council accept the proposal of Willdan in the Amount of $30,972 for the preparation of Phase III of the City's Sewer System Management Plan (SSMP) and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 2 City Council Minutes of December 16, 2008 D-5a Miscellaneous — City Manager's Office Enforcement Assistance Grants Resolution Authorizing Enforcement Assistance Grant Application Commencing` with the Fiscal Year 2013-2014 Recommendation is that the City Council adopt the following resolution: Reso No. 2008-83 RESOLUTION NO. 2008-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ENFORCEMENT ASSISTANCE GRANTS FOR THE PERIOD COMMENCING WITH THE FISCAL YEAR 2008-2009 LEA GRANT TO AND INCLUDING THE FISCAL YEAR 2013-2014 LEA GRANT The following item was removed from the consent calendar for separate consideration. D-5b Changing the Frequency of Commission Meetings — Community Commission Meetings Change Services, Human Resources, and Senior Citizens Commission Recommendation is that the City Council adopt the following ordinance and resolution: Ordinance No. 2185 ORDINANCE NO. 2185 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 2-71 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS TO CHANGE THE FREQUENCY OF THE MEETING DATE OF THE COMMUNITY SERVICES COMMISSION, HUMAN RESOURCES COMMISSION AND THE SENIOR CITIZENS COMMISSION, FROM AT LEAST ONCE PER MONTH TO AT LEAST ONCE EVERY OTHER MONTH EFFECTIVE FEBRUARY 1, 2009 Reso No. 2008-84 RESOLUTION NO. 2008-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO THE MEETING DATE AND TIME OF THE COMMUNITY SERVICES, HUMAN RESOURCES, AND SENIOR CITIZENS COMMISSIONS Miscellaneous — Finance Department D-5c Comprehensive Annual Financial Report for the Year Ended June CAFR 30, 2008 Recommendation is that the City Council receive and file this report. The following item was removed from the consent calendar for separate consideration. Miscellaneous — Human Resources D-5d Approval of Human Resources Manager and Deputy City Manager HR and Deputy City Manager Job Specifications Recommendation is that the City Council adopt the following resolutions: Reso No. 2008-85 RESOLUTION NO. 2008-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR HUMAN RESOURCES MANAGER Reso No. 2008-86 RESOLUTION NO. 2008-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR DEPUTY CITY MANAGER 3 City Council Minutes of December 16, 2008 CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Herfert to waive further reading of the resolutions/ordinances and adopt and approve all items except Item D-5b and Item D-5d. Motion carried 5 — 0 by the following roll call vote: AYES: Herfert, Lane, Sanderson, Touhey, Hernandez NOES: None Item D-5b Miscellaneous — City Manager's Office Changing the Frequency of Commission Meetings — Community Services, Human Resources, and Senior Citizens Commissions Mayor Hernandez requested a separate roll call vote on item as recommended by staff. AYES: Herfert, Lane, Sanderson, Touhey NOES: Hernandez Item D-5d Miscellaneous — Human Resources Approval of Human Resources Manager and Deputy City Manager Job Specifications Motion by Herfert and seconded by Lane to approve the job specifications but to keep the Human Resource Manager vacant and revisit at a later time. Following discussion, Deputy City Attorney Nichols suggested separate roll call votes be taken on each job specification resolution. Human Resources Manager Assistant City Clerk Rush presented: Reso No. 2008-85 RESOLUTION NO. 2008-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR HUMAN RESOURCES MANAGER AYES: Herfert, Lane, Sanderson NOES: Touhey, Hernandez Deputy City Manager Assistant City Clerk Rush presented: Reso No. 2008-86 RESOLUTION NO. 2008-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR DEPUTY CITY MANAGER AYES: Herfert, Lane, Sanderson, Touhey NOES: Hernandez PUBLIC HEARINGS Public Hearing General Plan Amendment No., 07-03 Zone Change No. 07-03 Negative Declaration of Environmental Impact Applicant: Hsin Jen Hou E-1 Location: 4101-4111 S. Nogales Street 33-Unit Condo/Retail Project at Mayor Hernandez announced the public hearing matter and 4101-4111 S. Nogales St. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Hernandez opened the hearing. Interim City Planner Jeff Anderson gave a brief background of the project. Public Testimony Mayor Hernandez opened the public testimony portion of the hearing and asked for public comments. 0 City Council Minutes of December 16, 2008 Eric Chen, representing the applicant, spoke in support of the project and answered questions from Council. Closed Testimony There being no one else desiring to address Council, Mayor Herndndez closed the public testimony portion of the hearing. Assistant City Clerk Rush presented: Reso 2008-87 RESOLUTION NO. 2008-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 07-03, ZONE CHANGE NO. 07-03, PRECISE PLAN NO. 07-08, PRECISE PLAN NO. 08-06, TENTATIVE TRACT MAP NO. 70193, VARIANCE NO. 07-15, AND VARIANCE NO. 08-15 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Reso 2008-88 RESOLUTION NO. 2008-88 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 07-03 Motion Motion by Touhey and second by Herfert to waive further reading of the resolutions, read by title only, and adopt. Motion carried by the following roll call vote: AYES: Herfert, Lane, Sanderson, Touhey, Herndndez NOES: None Assistant City Clerk Rush presented: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 07-03 Motion Motion by Touhey and second by Herfert to waive further reading of the resolutions, read by title only, and adopt. Motion carried by the following roll call vote: AYES: Herfert, Lane, Sanderson, Touhey, Herndndez NOES: None COMMUNITY DEVELOPMENT COMMISSION Mayor Herndndez recessed the City Council meeting at 7:44 p.m. to convene the CDC. The City Council reconvened at 7:45 p.m. with all members present. MAYOR'S/COUNCILMEMBERS REPORTS Annual Appointment of City Council Representatives to Other H-1 Agencies Appointments to Other Agencies Mayor Herndndez made recommendations for the following appointments: Agency/Organization Chamber of Commerce City/Schools Liaison Committee Contract Cities L.A. Works Foothill Transit Zone Independent Cities Association Representative Alternate Staff Herndndez Lane Herfert Sanderson Lane Herfert Sanderson Herfert Lane Touhey Herndndez 5 City Council Minutes of December 16, 2008 League of California Cities Touhey Hernandez Rose Float Foundation** Hernandez No alternate SGV Mosquito, Abatement District (2-yr ter,,, began 1i07)* Herfert No alternate L.A. County City Selection Committee** Hernandez No alternate SGV Economic Partnership Lane Hernandez Sanitation District Board* Hernandez Sanderson SCAG (General Assembly) Touhey Hernandez Upper San Gabriel Valley Water Association Herfert Lane Hurst Ranch Foundation Herfert Touhey High Speed Train JPA Herfert Touhey SGV COG Herfert Lane * Appointments made at previous meetings ** Mayor to serve as representative Motion by Touhey and seconded by Sanderson to affirm the recommended appointments made by the Mayor and to waive further reading of and adopt, the following resolution naming Councilmember Roger Hernandez as representative and Councilmember Michael Touhey as the alternate to the San Gabriel Valley Council of Governments: Assistant City Clerk Rush presented: Reso No. 2008-89 RESOLUTION NO. 2008-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER HERNANDEZ AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER TOUHEY AS THE ALTERNATE Motion Motion carried by 5 — 0. COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Request from Councilmember Steve Herfert Request from Councilmember Steve Herfert Requesting the City Council Amend Municipal Code Section 26-604 Related to I-1 the Sale of Christmas Trees Christmas Tree Sales Motion by Herfert and second by Touhey to bring this item back for formal action. Motion carried by 5 — 0. COUNCILMEMBER COMMENTS ADJOURNMENT Su Assistant by: Motion by Herfert and second by Lane to adjourn the meeting at 8:03 p.m. Susan Rush Mayor Roger Hernandez 2