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04-20-2010 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 20, 2010 Mayor Pro Tern Herfert called to order the regular meeting of the West Covina City Council at 7:07 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 Sanderson, Mayor Pro Tern Herfert Councilmembers Lane, Touhey Absent: Councilmember Hernandez REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Matt Gorman reported the following: 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 Council agenda: Conference with Labor Negotiators — Employee Organizations: W.C. Police Officers' Association, W.C. Police Management Association, W.C. Firefighters Association, I.A.F.F., Local 3226, W. C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non - Sworn Safety Support Employees, General Employees, Mid - Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management — All Councilmembers were present except Councilmember Hernandez and Mayor Sanderson. Council received a briefing from staff with no final action and nothing further to report. Items . on the Community Development Commission Agenda: Conference with Real Property Negotiators - Property: 1700 W. West Covina Parkway and 730 S. Orange Avenue — All commissioners were present during the discussion of this item except commissioners Hernandez and Touhey. Counsel received a briefing and provided direction to staff with no final action and nothing further to report. Conference with Real Property Negotiators — 1350 E. San Bernardino Road — All commissioners were present during the discussion of this item except commissioner Hernandez. The commission received a briefing and direction was given to staff with no final action and nothing,further to report. CHANGES TO THE AGENDA No changes. City Council Minutes of April 20, 2010 PRESENTATIONS Mayor Sanderson presented Viken Pakradouni, Chairman of the Armenian National Committee of the San Gabriel Valley, a Proclamation designating April 24, 2010 as Annenian Remembrance Day, which recognizes the 951h Anniversary of the Armenian Genocide. Mayor Sanderson, assisted by Community Services Director Michele McNeill, recognized Community Services Manager Scott Smilowitz and Senior Center Supervisor Travis Iseri and presented them a Certificate of Recognition for attaining the CPRS District 13 "Go Green" award from the California Parks & Recreation Society -District 13 for the West Covina Senior Center. ANNOUNCEMENTS Mayor Sanderson called a recess of the City Council meeting at 7:15 p.m. in order for the council to take part in Candlelight Vigil sponsored by Parents of Murdered Children Inc. being held on the steps of the West Covina Municipal Courthouse. The City Council reconvened at 7;45 p.m. with all members present except Councilmember Lane. ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, requested information on the City's tow companies which included revenue and evaluation of performance. Johnny Chua Johnny Chua, President of the Philippine Chamber of Commerce, made suggestions regarding the tobacco ordinance and informing the public. Councilmember Lane returned to the dais at 7:49 p.m. Irene Fleck Irene Fleck, West Covina resident, announced Earth Day and Arbor Day Celebrations on Saturday, 'April 24 and announced upcoming library events; and Garden Walk scheduled for May 2. Zodin Del Rosario Zodin Del Rosario, thanked City Council and staff for consideration of the tobacco retail ordinance and made suggestions for enforcement. Joanne Wilner Joanne Wilner, West Covina resident, supported the tobacco retail ordinance and stated that five commissioners for senior commission is sufficient due to budget constraints [opposing the proposed increase of the commission]; and inquired about the commission applicant interview process and how the Brown Act requirements were not violated. Larissa Castanon Larissa Castanon, Cal Poly Pomona student and West Covina resident introduced herself to the Council. City Manager Pasmant responded to request for information on tow companies stating a progress report can be provided; Councilmember Touhey responded that each councilmember conducted their own interview process and he and Councilmember Lane interviewed applicants together; Mayor Pro Teim Herfert concurred that applicants were interviewed independently. 2 City Council Minutes of April 20, 2010 ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Mayor's/Councilmembers Reports C-1 Appointment of City Commissioners Commission Appointments Mayor Sanderson announced that this item has been held over to the next meeting due to the absence of Councilmember Hernandez. C-2 Mayor Pro Tern Herfert's Report on Elimination of Senior Citizens Charter Communications Discount Offered by Charter Communications Senior Discount Motion by Herfert and seconded by Touhey to direct staff to bring back a report to the next meeting on status of Charter Communications' elimination of senior discount. Motion carried 4 — 0. Councilmembers Requests for Reports, Studies or Investigations C-3 Request from Mayor Pro Tern Steve Herfert Seeking the City Increase Size of Senior Council's Consensus to Instruct. City Staff to Prepare a Report to Commission Increase the Size of the Senior Citizens Commission Motion by Herfert and seconded by Touhey to have staff bring back a staff report on the possible impact of an increased commission. Motion carried 4 — 0. C-4 Request from Councilmember Michael Touhey Seeking the City Legal Action Against PERS Council's Consensus to Instruct the City Attorney to Look into Legal Actions Against the Public Employee Retirement System (PERS) for Mismanagement of Public Funds Councilmember Touhey gave a brief report on current issues surrounding PERS investments. Motion by Touhey and seconded by Herfert to bring back a staff report. Motion carried by 4 — 0. CONSENT CALENDAR Mayor Pro Tern Herfert requested Item D-6, Introduction of Tobacco Retail License Ordinance, be removed from the consent calendar for separate consideration. D-1 City Council Minutes (receive and file) Minutes • Special Meeting of February 16, 2010 • Regular Meeting of February 16, 2010 • Special Meeting of March 2, 2010 • Regular Meeting of March 2, 2010 • Special Meeting of March 16, 2010 • Regular Meeting of March 16, 2010 D-2 Summary of Actions Commission Summary of Actins (receive & file) Planning Commission 04/13/10 D-3 Claims Against the City of West Covina Claims Government Tort Claim Denials (deny & notify claimant) Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Berta Webber vs. City of West Covina • Tina Louise Higley vs. City of West Covina • Gilbert Robles vs. City of West Covina • Binh H. Nguyen vs. City of West Covina • Ceclis Bowen vs. City of West Covina 3 City Council Minutes of April 20, 2010 D-4 Award of Bid Award of Street Rehab Work Award of Bid for Street Rehabilitation Work for Residential Streets (Project Nos. SP-10105 and SP-10109R) Recommendation is that the City Council award the contract to Gentry Brothers, Inc. in the Amount of $757,124.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation work. Miscellaneous — Community Services Department D-5a Request for Cameron Park Lighting for the West Covina Girls Cameron Park. Lighting Request Softball Annual Memorial Weekend Tournament Recommendation is that the City Council authorize the use of Cameron Park Field lights on Sunday, May 30,2010 for the West Covina Girls Softball Annual Memorial Weekend Tournament. Miscellaneous — Finance Department D-5b California Communities Tax Revenue Anticipation Notes Tax Revenue Anticipation Notes Recommendation is that the City Council adopt the following resolution: Resolution No. 2010-14 RESOLUTION NO. 2010-14 — A RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2010-2011; THE ISSUANCE AND A SALE OF A 2010-2011 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM Miscellaneous —Public Works;Department D-5c Landscape Maintenance District No. 4 Engineer's Report LMD No. 4 Preliminaa Approval of the Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2010-15 RESOLUTION NO. 2010-15 — 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 JUNE 1, 2010 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2010-2011 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 6 D-5d PrelimingU Approval of the Engineer's Report Engineer's Report LMD No. 6 Recommendation is that the City Council adopt the following resolution: Resolution No. 2010-16 RESOLUTION NO. 2010-16 - 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 JUNE 1, 2010 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2010-2011 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Ll City Council Minutes of April 20, 2010 D-5e Landscape Maintenance District No. 7 Engineer's Report LMD No. 7 Preliminary Approval of the Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2010-18 RESOLUTION NO. 2010-18 — 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 JUNE 1, 2010 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2010-2011 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Miscellaneous — Fire Department D-5f Solar Photovoltaic Installation Guidelines — Introduction of Ordinance Solar Photovoltaic Install Guidelines Recommendation is that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO "SOLAR PHOTOVOLTAIC INSTALLATION GUIDELINES" TO ARTICLE XIII BY AMENDING SECTION 7-223 OF THE WEST COVINA MUNICIPAL CODE This item removed from the consent calendar for separate consideration. Councilmember Reports D-6 Councilmember Roger Hernandez Tobacco Retail Lic. Ordinance Tobacco Retail Licensing Ordinance to Reduce Youth Access to Tobacco Recommendation is that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ADD CHAPTER 14 ESTABLISHING A TOBACCO RETAIL LICENSE CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to approve all items on the Consent Calendar as recommended except Item D-6 Tobacco Retail Licensing Ordinance to Reduce Youth Access to Tobacco. Motion carried by 4 — 0 Councilmember Touhey commented on Item D-5b California Communities Tax Revenue Anticipation Notes stating his concern with the requirement by the state to use vendors selected by the state. Item D-6 Tobacco Retail Licensing Ordinance to Reduce Youth Access to Tobacco — .Mayor Pro Tem Herfert made an amendment to the recommendation to adopt the ordinance without a fee on businesses except the administrative fines on violations, seconded by Lane. Motion carried 3 — 1 (Touhey — No). PUBLIC HEARINGS Public Hearing E-1 Community Development Block Grant CDBG Consolidated Plan City of West Covina's FY 2010-2015 Community Development Block Grant (CDBG) Consolidated Plan Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. 5 City Council Minutes of April 20, 2010 Mayor Sanderson proceeded to open the hearing and Management Analyst Kelly MacDonald presented the staff report outlining the details of the Consolidated Plan. Public Testimony Mayor Sanderson proceeded to open the public testimony portion of the hearing and asked for public comment. Close Testimony There being no one wishing to address Council, Mayor Sanderson proceeded to close the public testimony portion of the hearing. Motion Motion by Herfert and seconded by Touhey to approve the FY 2010-2015 CDBG Consolidated Plan. Motion carried by 4 — 0. COUNCILMEMBER COMMENTS Councilmember Touhey requested that Utility companies use a water -based the paint to mark the City streets. ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the meeting at 8:15 p.m. in memory of Robert Anthony Liberty, brother-in-law of John Hughes. Motion carried by 4 — 0. Submitted by: Clerk Susan Rush Mayor Shelley Sanderson no