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12-07-2010 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL AND WEST COVINA COMMUNITY DEVELOPMENT COMMISSION December 07, 2010 Mayor/Chairman Sanderson called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:03 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Mayor Pro Tem/Vice Chairman Herfert ROLL CALL Mayor/Chairman Sanderson Mayor Pro Tem/Vice Chairman Herfert Councilmembers/Commissioners Lane, Touhey REPORTING OUT FROM CLOSED SESSION None CHANGES TO THE AGENDA City Manager Pasmant announced a change regarding Item # 14, Appeal Hearing, Conditional Use Permit No. 10-10, Applicant%Appellant: Josh Davidson for Clearwire, Wireless Communications Facility, Location: 1030 East Merced Avenue (Bethel Christian Fellowship Church), stating that Clearwire submitted a letter withdrawing the appeal to approve Conditional Use Permit No. 10-10. City Attorney Alvarez-Glasman stated that the letter withdrawing the Appeal will become part of the record which states that; having recognized the concerns of the community Clearwire withdraws its appeal to construct a wireless facility at the site indicated, and they look forward to partnering with the City in the future. For those speakers who wished to speak at this hearing, Mayor Sanderson stated that the hearing would not be taking place. PRESENTATIONS Mayor Sanderson called forward Frank Wills, Police Chief who introduced members of the West Covina Police Explorers that competed in the 2010 Police Explorers X-Games. Exploreres were presented with certificates of recognition. Mayor Sanderson introduced Mayor Donald Voss from the City of La Canada Flintridge, a member of the California Contract Cities Board of Directors, who shared information on programs and projects that Contract Cities are working on. Mayor Sanderson introduced Shane Chapman, Generai Manager of the Upper San Gabriel Valley Municipal Water District who presented a brief Powerpoint presentation highlighting some of the programs and projects that*Upper SGVMWD is working on. Mayor Sanderson introduced Zareh Shahbazian, Caltrans Senior Transportation Engineer who -provided the City Council with an update on the design and timeline for the construction of the carpool lanes along Interstate 10 through West Covina. City Council/CDC Minutes of December 07, 2010 . Mayor Pro Tern Herfert requested a study session with CalTrans to discuss their plans for West Covina. ORAL COMMUNICATIONS Piero Nakasato Piero Nakasato, West Covina resident, spoke on behalf of his family to support Fredrick Sykes whom he feels represents his own values. Femande Flores Fernando Flores, West Covina resident, endorsed Fred Sykes to represent the citizens on the City Council. Raul Lopez Raul Lopez, West Covina resident, endorsed Fred Sykes to represent the citizens on the City Council. Dana Sykes Dana Sykes, West Covina resident, stated she was pleased that the cell tower will not be constructed in a residential neighborhood and thanked the Fire Department for their quick response to a neighbor's incident. Jeffrey Howell Jeffrey Howell, West ' Covina resident, spoke in support of Fred Sykes and endorsed him to replace Roger Hernandez on the City Council. Anthony Duarte Anthony Duarte, West Covina resident and new District Director for Assemblyman Roger Hernandez, stated he is looking forward to working with Assemblyman Hernandez and the City. Jess Ramirez Jess Ramirez, West Covina resident, Coach for West Covina Youth Soccer, announced a new program the City is promoting for autistic children; shared concerns of traffic surrounding Edgewood School; spoke in support of Mr. Sykes. John Solis John Solis, West Covina resident, addressed the City Council vacancy and expressed his support of Fred Sykes filling the vacancy; thanked Councilmembers Herfert and Touhey for addressing trash issues with CalTrans. Armando Sanchez Armando Sanchez, West .Covina resident, endorsed "Fred Sykes for appointment to the City Council. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the City Council vacancy and hoped Council would accept applications and consider a candidate who would want what's best for the City. CONSENT CALENDAR 1) Approval of Meeting Minutes (receive & file) Minutes Regular Joint City Council/CDC Minutes of November 16, 2010 2) Commission Summary of Actions (receive & file) Community Services Community Services Commission 09/14/1'0 3) Commission Summary of Actions (receive & file) Senior Citizens Senior Citizens Commission 08/26/10 4) Award of Bid Mariposa Landscape Contract Award of Bid for Citywide Landscape Maintenance of Medians, Right of Ways, Commercial Zones, Sidewalks, Tree Wells, and Other Areas It is recommended that the City Council accept Option 1 proposal of Mariposa Landscape in'the amount of $906,520.00 for a 5-year contract, as submitted at the bid opening on October 19, 2010, and 2 City Council/CDC Minutes of December 07, 2010 5) City Report of September 2010 6) City Report of October 2010 7) CDC Report of September 2010 8) CDC Report of October 2010 authorize the Public Works Director/City Engineer to execute such contract with Mariposa Landscape of Irwindale, California for Landscape Maintenance of Citywide medians, right-of-ways, commercial zones, sidewalks, tree wells, and other areas. Treasurer's Reports (receive and file) City Treasurer's Report for the Month of September 2010 City Treasurer's Report for the Month of October 2010 CDC Treasurer's Report for the Month of September 2010 CDC Treasurer's Report for the Month of October 2010 9) Human Resources — Miscellaneous Retirement Benefits 2% @ 60 Ordinance — Retirement Benefit — Miscellaneous Employees In order to implement the change in retirement benefit from 2.5% @ 55 to 2% @ 60 for miscellaneous employees entering membership for the first time in the miscellaneous classification, as previously approved in the . Memorandums of Understanding and the City's Last Best and Final Offer with five miscellaneous bargaining units, it is recommended that the City Council adopt the following Ordinance: Ordinance 2211 ORDINANCE NO. 2211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Approval of Revised Class Specification for Public Works Project 10) Supervisor Project Supervisor It is recommended that the Ctiy Council approve the revised class specification for Public Works Project Supervisor, by adopting the following Resolution Resolution No. 2010-55 RESOLUTION NO. 2010-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING THE CLASS. SPECIFICATION FOR PUBLIC WORKS PROJECT SUPERVISOR Police Department — Miscellaneous 11) West Covina Service Group Virtualization Project Purchases from WSGV Virtualization Project Asset Forfeiture Funds It is recommended that the City Council authorize the purchase of computer virtualization equipment (including a server assembly, storage array, software, support and licensing) directly from Dell Computers Inc, under Western States Contract Alliance contract pricing agreement #WN99ABZ, totaling $75,803.07 including tax, using already appropriated federal asset forfeiture funds in account 117.31.3119.7160. 12) Public Works Department - Miscellaneous RMA Group, Inc. Change Order Change Order to the RMA Group, Inc. Consultant Services for Materials Testing and Asphalt Plant Inspection 3 City Council/CDC Minutes of December 07, 2010 (Project No. SP-09111) It is recommended that the City Council take the following actions: 1. Approve and ratify the extra work done by RMA Group, Inc. in the amount of $27,656.25 and authorize the Public Works Director/City Engineer to execute a change order with RMA Group, Inc. 2. Authorize a change order to Purchase Order No. 10-00470 in the amount of $27,656.25 from Account No. 229.81.8040.7200 (Rubberized Asphalt Concrete Grant). CONSENT CALENDAR ACTION Motion by Lane and seconded by Herfert to approve all items listed on the Consent Calendar as presented. Motion carried by 4 0. PUBLIC HEARING 13) Public Hearing CA Building and Fire Codes Adoption of the California Building and California Fire Code Ordinance Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to open the hearing and Public Works Director Shannon Yauchzee gave a brief report explaining that the State of California adopts upgraded and revised building codes and fire standards every 3 years, which are published. Cities then have six months in which to adopt and enforce the new codes. If cities wish to revise these, they must do it within that time period at a public hearing. The two major changes this year are the residential building codes which require that all residential buildings install fire sprinklers and for stricter energy efficiency requirements under the green building code. Yauchzee explained that if the City does not adopt the State codes by January 1, 2011, the State codes become effective without any local amendments and the text of the State codes will govern in the event of any differences between State codes and other referenced documents. Assistant City Clerk Rush confirmed that no written comments or objections had been received. Public testimony Mayor Sanderson opened the public testimony portion of the hearing and called for public comments. Testimony closed There being no one wishing to address the Council, Mayor Sanderson closed the public testimony portion of the hearing: Councilmember Touhey requested changes to Section 901.2.1 regarding automatic fire sprinklers — that they be required on remodel in buildings exceeding 12,000 rather than 5,000 square feet; and Section 7-18.8 regarding the Board of Appeals — that the Board of Appeals be appointed by the City Council rather than the City Manager. City Attorney Alvarez-Glasman stated that Councilmember Touhey's requested changes may be incorporated during tonight's meeting with the amended ordinance placed on first reading tonight; the public hearing can be closed tonight on this matter in order to bring back the amended ordinance for adoption at the next meeting on Consent Calendar. Motion Motion by Touhey and seconded by Lane to make the changes as stated by Councilmember Touhey; reintroduce the amended 0 City Council/CDC Minutes of December 07, 2010 ordinance and close tonight's public hearing in order to bring it back for adoption at the next meeting with those changes. Motion carried 4 — 0. 14) Appeal Hearing Appeal CUP No. 10-10 Appeal of Conditional Use Permit No. 10-10 Wireless Facility 1030 East Merced Avenue (Bethel Christian. Fellowship Church) Wireless Communication Facility This public hearing was removed at the beginning of the meeting due to the Applicant's request to withdraw the appeal. DEPARTMENTAL MATTERS 15) City Attorney's Office Council Vacancy Presentation of Options for Filling Vacancy of City Council Seat and Either Fill the Vacancy by Appointment or by Calling for a Special Election City Attorney Alvarez-Glasman gave a brief summary of the two options available to the City Council in regards to filling the council seat vacated by Councilmember Hernandez. Councilmember Touhey asked whether the Council has the option to leave the seat vacant until our next general municipal election. City Attorney Alvarez-Glasman replied that if the Council did not make an appointment within the 30 day period, the City Clerk would then be obligated to call a special election to fill the vacancy at the next regularly established election date no sooner than 114 days out, which would be June 7, 2011. Motion Motion by Herfert and seconded by Sanderson to open an application process, accepting applications for seven days, and bring back at the next meeting. Motion carried by 4 - 0. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REQUESTS. FOR REPORTS, STUDIES OR INVESTIGATION . 16) Councilmember Michael Touhey Financial Audit Contract Request from Councilmember Michael Touhey Requesting the City Council's Consensus to .Instruct City Staff to Go Out to Bid for the City's Financial Audit Contract Councilmember Touhey requested this item be held over to the next meeting. 10X" [y l WA-I-XITtt1.1►1'Y/l.,V1 [Irl Council Reorganization Mayor Sanderson expressed her appreciation for the opportunity to serve as Mayor and felt it an honor to represent the citizens. Mayor Sanderson called for a motion to uphold the Mayoral succession order. Motion Motion by Sanderson and seconded by ,Touhey to uphold the Mayoral succession and install Mayor Pro Tem. Steve Herfert as Mayor. Motion carried by 4- 0. Motion Motion by Sanderson and seconded by Herfert to uphold the succession and install Councilmember Michael Touhey as Mayor Pro Tem. Motion carried by 4 = 0. Presentation of Mayoral Plaque to Outgoing Mayor Sanderson 5 City Council/CDC Minutes of December 07, 2010 Mayoral Plaque Mayor Herfert thanked outgoing Mayor Shelley Sanderson for her service as Mayor during a difficult year and presented her with an outgoing Mayoral plaque. Sherri Lane Councilmember Sherri_ Lane thanked outgoing Mayor Sanderson for her service representing the City and the Council. Michael Touhey Councilmember Michael. Touhey also thanked outgoing Mayor Sanderson for her service to the community and fellow councilmembers. Mayor's Comments Brief Comments by New Mayor Mayor Herfert acknowledged the challenges facing the City in the next year and said his goal is to protect the City and is looking forward to working with councilmembers, city staff, and employees. Sherri Lane Councilmember Lane congratulated Mayor Herfert on his becoming the new mayor and said she is looking forward to working with him. Michael Touhey Mayor Pro Tern Touhey congratulated Mayor Herfert and thanked him for his help during their years of service. Designation of Alternate to Los Angeles County Sanitation Sanitation District Representative District Mayor Herfert announced that as Mayor he will serve as the representative to the Los Angeles County Sanitation District but an alternate is required and called for nominations. Motion ADJOURNMENT ted by: Assistant,1,24.-Clerk Susan Rush Councilmember Sanderson nominated and made a motion to appoint Mayor Pro Tern Touhey to serve as the alternate to the Los Angeles County Sanitation Distrct. Seconded by Lane. Motion carried by 4 -- 0. Motion by Herfert to adiourn the meeting at 8:38 p.m. in memory of . Madeline Marie Antonovich, sister of Supervisor Michael Antonovich and Maybelle Audra Greene, mother of Vickie Scheliga, West Covina resident and supporter of National Night Out and other events. Motion carried by A — 0. 6