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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