07-06-2010 - Regular Meeting - MinutesMIN TES
REGULAR ME TING OF THE
WEST COVINA CITY COUNCIL
July 6, 2010
Mayor Sanderson called to order the regular meeti 'g of the West Covina City Council at 7:06 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Thomas Bache
Assistant City
Touhey
Mayor Sander�on, Mayor Pro Tern Herfert
Councilmembers Hernandez, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
City Attorney
lvarez-Glasman reported the following:
Prior t
convening into closed session all items on the City
Council and
DC agendas were announced for inclusion in the.
closed session
discussion.
Items
n the City Council and CDC agendas:
Confer
nce with Legal Counsel ' Existing Litigation — City
of West Covin
and City of West Covina Community Development
Commission
. Hassen Imports Partnership, et al., and related
cross complai
is and cases — All members of the Council/CDC
were present
during the briefing with the Mayor/Chairperson
joining half
ay into the briefing; Councilmember/Commissioner
Hernandez di
not participate in the vote; Council/CDC authorized
Special Coun
el to enter into a settlement agreement consistent
with the term
expressed in closed session and authorized the City
Manager/Exe
tive Director to execute the settlement agreement.
Items
n the City Council agenda:
Confe
nce with Labor Negotiators — Employee
Organizations
• W C. Police Officers' Association, W. C. Police
Management
ssociation, W.C. Firefighters Association, I.A.F.F.,
Local 3226,
W.C. Firefighters Management Association,
Confidential
mployees, Maintenance & Craft Employees, Non -
Sworn Safe
Support Employees, General Employees, Mid -
Management
Employees; Miscellaneous Unrepresented
Management
Employees: Assistant City Clerk, Assistant City
Manager, C
mmunity Development Dir., Community Services
Dir., Deputy
City Manager, Finance Director, Fire Chief, Dir.
Human Resou
ces, Planning Director, Police Chief, Public Works
Dir/City Engi
eer, Dir. Risk Management — All Councilmembers
were present
during a briefing from negotiators; direction was
provided to
ity negotiators with no final action and nothing
further to re!)
rt.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Sande son announced that Mr. Del Fante could not be
present for t e presentation and it would be brought back to the
next meeting.
5
City Council Minutes of July 6, 2010
ORAL COMMUNICATIONS
Dash Lee Dash Lee, re resenting the LaRouche PAC, addressed and
requested supp rt for the Glass-Steagall standard of banking as set
out set out by Franklin Roosevelt which would split commercial
banking from i vestment banking.
Liona Fan -Chiang Liona Fan-Chi'4ng, of the LaRouche PAC, also addressed support
for the Glass-Sieauall resolution.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed Item D-2,
Adoption of ode Amendment Ordinance - Church Facilities
Conditionally ermitted in M-1 Zone, stated his opposition and
requested a sti ulation in the Conditional Use Permit (CUP) that
all parking in st be onsite, no exceptions, and a violation shall
revoke the CU.
Max Samberg Max Samberg West Covina resident, inquired as to whether the
proposed incre se of the Sewer tax is to advise the residents of the
increase or to llow residents to vote on it. City Attorney Alvarez
Glasman state the letter is advising the public that the issue is
before the Cou cil for consideration.
Herb Redholtz Herb Redholt , West Covina resident, asked the Mayor if the
contractor, J. letcher Cramer is compensating the City for the use
of the City -ow ed lower portion of Shadow Oak Park to store their
equipment.
Public Works Director Shannon Yauchzee stated that the
City agreed to allow its use of city owned property to store their
equipment to help expedite the work and is receiving $1,000 per
month and the property would be restored to previous condition.
George Ogden George Ogden and Glenn Kennedy, West Covina residents, spoke
Glenn Kennedy on seeking the City's consideration for a location at City Hall for a
Memorial Wal honoring departed veterans.
Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library
events at the West Covina Library.
CONSENT CALENDAR Councilmemb r Touhey stated he would abstain from Item D-2 -
Ordinance fo Adoption, Code Amendment No. 10-01, Churches
and Religious acilities Conditionally Permitted in Manufacturing
Zone — due to is employment with DC Corp.
Regar ing Item D-2 - Councilmember Herfert asked City
Planner Jeff derson whether CUP's can be pulled if parking
issues arise. derson stated CUP's generally include a condition
that if a parki g issue should arise, the CUP can be reviewed by
the Planning ommission.
Counc lmember Hernandez offered a friendly amendment
to stipulate th t all parking remain onsite at the church location as
requested by t e speaker. [1773 San Bernardino Rd.]
Mayor Sanderson asked if the proposed amendment would
need to be ma a to the CUP rather than the ordinance.
City lanner Anderson stated that the CUP had already
been approv and conditions were already set at that time.
Furthermore, he 10-day appeal period had already expired so he
said the CUP as already taken effect. The ordinance for adoption
tonight amen s the code and it is not for a particular site but for the
city in general.
City ttorney Alvarez-Glasman stated that any amendment
to the code wi 1 not affect a previously approved CUP.
City Council Minutes of July 6, 2010
Mayor Pro Tem Herfert restated his earlier comment that a
CUP can be mo ified at any time.
D-1 City Council eeting Minutes (receive & file)
Minutes Special Me ting of June 1, 2010
• Regular Me ting of June 1, 2010
• Special Me ting of June 15, 2010
• Regular Me, ting of June 15,2010
D-2 Ordinance for IAdoption
Churches in Mfg Zones Code Amendm nt No. 10-01
Churches and Religious Facilities Conditionally Permitted in
ManufacturingZone
Recommendati n is that the City Council adopt the following
ordinance:
Ordinance 2210 ORDINANCE 0.2210 - AN ORDINANCE OF THE CITY
Religious facilities in mfg. zones COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA M ICIPAL CODE TO ALLOW CHURCHES AND
RELIGIOUS ACILITIES IN THE MANUFACTURING (M-1)
ZONE BY CONDITIONAL USE PERMIT (CODE
AMENDMEN NO. 10-01)
D-3
Palmview Park Playground
Improvements
Award of Bid
Award of Bid
Phase I CDBG
Project No. P
Recommendati
or Palmview Park Playground Improvements
Funded
-10212A
n is that the City Council take the following
actions:
1. Authorize t
e construction of a new playground "Tot Lot" at
Palmview
ark per Pacific Design Consultants design dated
May I" 20
0.
2. Authorize t
e Public Works Director/City Engineer to purchase
new playgr
and equipment and construction materials using
State Procu
ement Agreements when available, in an amount
not to exce
d $40,00.
3. Authorize t
e Public Works Director/City Engineer to award a
constructio
contract to the lowest qualified bidder for the
constructio
of the first phase of this park improvement project,
in an amou
t not to exceed $35,000.
D-4
Traffic Com
Wee Meeting Minutes of June 15, 2010
Traffic Committee
(accept & file
I. Request:
Yvonne Sa tos, West Covina Resident
That no p rking on street sweeping days be implemented on
Linda VistEt Street from Hillward Avenue to Hillborn Avenue
every Wed iesday of each month from 7:00 a.m. to 3:30 p.m.
Traffic Co mittee Recommendation:
That nc p rking on street sweeping days be implemented on
Linda Vist Street from Hillward Avenue to Hillborn Avenue
every Wed esday of each month from 7:00 a.m. to 3:30 p.m.
II. Request:
Walter Fu'inami, West Covina Resident
That no p king on street sweeping days be implemented on
Erica Ave ue from Erica Avenue from Evangelina Street to end
3
City Council Minutes of July 6, 2010
D-5
Treasurer's Report
D-6a
Prop A Fund Exchange
D-6b
BICEP Membership
D-6b
Worker's Comp Insurance
f
of street
p.m.1
Friday of each month from 7:00 a.m. to 3:30
Traffic Comlinittee Recommendation:
That nc par ing on street sweeping days be implemented on
Erica Aven�e from Evangelina Street to end of street every
Friday of ea�h month from 7:00 a.m. to 3:30 p.m.
III. Request:
Guadelupe rellano, West Covina Resident
That no pa king on street sweeping days be implemented on
Willow Av nue from Pacific Avenue to Bromley Avenue every
Tuesday of Oach month from 7:00 a.m. to 3:30 p.m.
Traffic Co mittee Recommendation:
That nc pa king on street sweeping days be implemented on
Willow Av nue from Pacific Avenue to Bromley Avenue every
Tuesday of ach month from 7:00 a.m. to 3:30 p.m.
City Treasure 's Report (receive & file)
Report for the Month of May 2010.
Miscellaneous — Finance Department
PropA Fund_ xchanp-e_- City of Hawaiian
is that the City Council take the following
actions:
a) Approve t attached agreement authorizing the additional sale
of Prop A unds to the City of Hawaiian Gardens;
b) Appropriat $360,000 in Prop A Expenditures for this project,
and;
c) Approve a 270,000 increase in General Fund Revenues
Miscellaneou — Risk Management
Payment of FY 2010/11 Excess Liability Insurance Coverage and
Approval of ontinued Membership with the Big Independent
Recommenda+n is that the City Council:
1. Authorize payment of the City's 2010/11 excess liability
insurance overage with the Big Independent Cities Excess Pool
(BICEP) i the amount of $350,376 to be paid from account
361.15.1530.6411.
2. Approve est Covina's continued membership in BICEP for an
additional hree years beginning July 1, 2010.
Payment of F 2010/11 Excess Workers' Compensation Insurance
Coverage
Recommendat on is that the City Council authorize payment of the
City's 2010/1 Excess Workers' Compensation coverage with the
Big Independ nt Cities Excess Pool (BICEP) in the amount of
$64,820 to be aid from account 363.15.1530.6418.
CONSENT CALENDAR ACTION Motion b�YIe andez and seconded by Herfert to approve all items
on theons nt Calendar as recommended except Item D-2
Ordinance Jot Adoption — Code Amendment No. 10-01, Churches
and Religious Facilities Conditionally Permitted in Manufacturing
Zone.
Motiollcarried 5 — 0 with the exception of Item D-2, which
carried 4 — 0 — 1 with Touhey abstaining on this item due to his
working relati nship with DC Corp.
4
City Council Minutes of July 6, 2010
PUBLIC HEARINGS
E-1
Citywide Sewer Service Charge
Open TestimonX
Public He
Mayor Sanders n announced the hearing matter and Assistant City
Clerk Rush veri led that proper legal notice had been given. Mayor
Sanderson then proceeded to open the hearing and Public Works
Director/City ngineer Shannon Yauchzee presented the report
stating that the sewer service charge funds the maintenance and
operation of t e City's sewer system, funds compliance with
regulations oft e Federal Clean Water Act, funds repairs averaging 1
— 2 repairs per; eek with the use of film/camera equipment to reduce
leaks of sewag into the ground water, and will build reserves for
future sewer r lacements. Staff is recommending an increase to
$4.19/month p dwelling unit [annual increase of $4.57] collected
on the tax bill. Staff received. 15 protests against the increase, six
responded in fa or and 14 were neutral.
Assista t City Clerk Rush reported there were 16 written
comments rece ved, ten were in opposition and six were neutral.
Those received by Mr. Yauchzee included verbal comments.
Mayor Sanderon then proceeded to open the public testimony
portion of the eeting and called for comments.
Comments received during Oral Communications:
Max Sanmberg Max Samberg, West Covina resident, inquired as to whether the
proposed incre se of the Sewer tax is to advise the residents of the
increase or to llow residents to vote on it. City Attorney Alvarez
Glasman stateq the letter is advising the public the issue is before
the Council fori consideration.
Close Testimony There being ' o one else wishing to address Council, Mayor
Sanderson clos7d the public testimony portion of the hearing.
Assistant City Clerk presented:
Resolution No. 2010-40 RESOLUTIO NO. 2010-40 — A RESOLUTION OF THE CITY
COUNCIL O THE CITY OF WEST COVINA, CALIFONRIA,
SETTING TH RATE AND AUTHORIZING THE COLLECTION
OF THE A UAL SEWER SERVICE CHARGE THROUGH
THE COUN TAX BILL
Motion Motion by He fert and seconded by Lane to adopt the resolution.
Motion carried by 5 — 0.
COMMUNITY DEVELOPMENT COMMISSI N
Mayor Sander on recessed the City Council meeting at 7:40 p.m.
to convene t e Community Development Commission meeting.
The City Co ncil reconvened at 7:41 p.m. with all members
present.
AB1234 CONFERECE AND MEETING REPO
a NALEO
conference
projects.
T
r Hernandez gave a verbal report stating he attended
ation Association of Latino Election Officials)
Economic Development and Redevelopment
ADJOURNMENT Motion by To' hey and seconded by Herfert to adjourn the meeting
at 7:42 p.m. it memory of-
5
City Council Minutes of July 6, 2010
• Mr]John C
• California
resident wl
2010.
Motion carried
Submitted by:
Assistant Ci y Clerk Susan Rush
opino, a former City employee
ighway Patrolman Thomas Coleman and former
lost his life while performing his duty on June 10,
5-0.
✓layor Shelley Sanderson