Council Meeting Minutes 11-7-06

M I N U T E S
SPECIAL MEETING OF THE

WEST COVINA CITY COUNCIL

November 7, 2006

Mayor Herfert called to order the special meeting of the West Covina City Council at 6:15 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.

ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Councilmembers Hernandez, Lane, Sanderson

Others Present: Pasmant, Fields, Alvarez-Glasman, Bachman, R. Krisler

PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments were offered.

CLOSED SESSION Mayor Herfert commenced the closed session at 6:20 p.m. to discuss the following matters:

CONFERENCE WITH LABOR NEGOTIATORS

Pursuant to Government Code § 54957.6

City Negotiator: Fields, Bachman

Employee Organizations:

Confidential Employees
General Employees
Maintenance & Crafts Employees
Mid-Management Employees
Non-Sworn Safety Support Employees

CONFERENCE WITH LEGAL COUNSEL —

ANTICIPATED LITIGATION

Pursuant to Government Code § 54956.9(b)

One case

CONFERENCE WITH LEGAL COUNSEL —

ANTICIPATED LITIGATION

Pursuant to Government Code § 54956.9(c)

One case

ADJOURNMENT Mayor Herfert adjourned the meeting at 7:07 p.m.

Submitted by

Assistant City Clerk Susan Rush

Mayor Steve Herfert

M I N U T E S

REGULAR MEETING OF THE

WEST COVINA CITY COUNCIL

November 7, 2006

Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:16 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.

INVOCATION Pastor Kelly Dupeé

Faith Community Church

PLEDGE OF ALLEGIANCE Councilmember Lane

ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Councilmembers Hernandez (arrived 7:20 p.m.), Lane, Sanderson

Others Present Pasmant, Alvarez-Glasman, Cresap, Elliott, Fields, Freeland, Garcia, Hoppe, McIsaac, McNeill, Morgan, Samaniego, Smilowitz, Yauchzee, Rush

REPORTING OUT FROM CLOSED SESSION

City Attorney Alvarez-Glasman reported the following:

Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion. All members were present

Conference with Labor Negotiators — Employee Organizations: Five Miscellaneous Employee Groups — No final action taken and nothing further to report.

Conference with Legal Counsel — Anticipated Litigation — One Case (significant exposure to litigation) — Councilmember Hernandez did not participate, no final action taken and nothing further to report.

Conference with Legal Counsel — Anticipated Litigation — One Case (initiation of litigation) — This item was not discussed.

CHANGES TO THE AGENDA City Manager Pasmant announced that there was an Addendum to Item D-9e, a resolution to be incorporated as part of the action.

PRESENTATIONS Blue Star Video was aired.

Mayor Herfert called Community Services Director Michelle McNeill forward, who thanked staff and members of the community for their help in putting on the recent Scary Lane and Ridge Riders 50^th Anniversary events and presented a short video on both.

Sue Gottschalk with Habitat for Humanity discussed the Habitat for Humanity home that was built during the Los Angeles County Fair this year and recognized City Manager Andrew Pasmant for his volunteer service.

Kevin Penman, Executive Director of the San Gabriel/Pomona Regional Center, gave a brief presentation of the services that the Regional Center provides to its customers.

Mayor Herfert presented Environmental Management Director Steve Samaniego with a proclamation proclaiming November 15^th as America Recycles Day.

ANNOUNCEMENTS City Manager Pasmant announced upcoming City events.

ORAL COMMUNICATIONS

Adrianne Whitmore Adrianne Whitmore, daughter of Lillian Keil, thanked the City Council for their support at the dedication of the Covina Post Office after her mother.

Herb Redholtz Herb Redholtz, West Covina resident, thanked staff for the Halloween event; thanked Public Works and the City Council for the left turn signal at Vine and Azusa Avenues and requested an update on the Graffiti Contract renewal.

Joanne Wilner Joanne Wilner, West Covina resident, commented on budget item D-9e; upcoming community meeting regarding Shadow Oak Park; maintenance issues at the Lakes and Glendora Avenue, and expressed appreciation for the new Discover West Covina format.

City Manager Pasmant provided a brief update on the Graffiti Contract Renewal and said the item will come before the City Council at their next meeting.

UPDATES/REPORTS FROM CONSULTANTS

No reports for this meeting.

ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS

No reports for this meeting.

CONSENT CALENDAR

D-1 City Council Meeting Minutes (receive & file)

No reports for this meeting.

D-2 Commission Summary of Actions (receive & file)

Summary of Actions a) Community Services 09/12/06

b) Human Resources 09/13/06

c) Planning 10/24/06

d) Senior Commission 09/14/06

D-3 Claims Against the City (deny & notify claimants)

Claims Government Tort Claim Denials

Linda M. Chavers vs. City of West Covina

Leanne Bonzer vs. City of West Covina

Maria Payan vs. City of West Covina

The Southern California Edison Co. vs. City of West Covina

D-4 Ordinance for Adoption (waive reading & adopt)

Zone Change No. 06-02

Location: 555 East Vine Avenue

Ordinance 2155 — ZC 06-02 ORDINANCE NO. 2155 — AN ORDINANCE OF THE CITY

555 E. Vine Ave. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 06-02

Award of Bid

D-5 Purchase of New Maintenance Division Paint/Stencil Truck

Purchase of Stencil Truck Recommendation is to waive the formal contract procedures and "piggy back" on the formal bid of the County of San Bernardino bid F18270 for the purchase of one 2006 Ford F450 truck with stencil equipment for a total price of $85,589.45 from Roadline of Downey.

D-6 Award of Bid for City Hall and Police Station HVAC System

HVAC System Upgrade Upgrade Construction Project (Project No. BP-07303)

Recommendation is to take the following actions:

Accept the bid of Allison Mechanical, Inc. in the amount of $1,116,125 submitted at the bid opening on October 24, 2006, and authorize the Public Works Director/City Engineer and City Clerk to execute the design/build contract.

Authorize the Public Works Director/City Engineer to perform this project per the Energy Conservation Assistance Loan Agreement provided by the California Energy Commission or with another lending institution if a more favorable loan can be obtained.

Appropriate $86,000 from the Construction Tax Fund to perform contract administration, testing, and contingencies work.

D-7 Traffic Committee Minutes (accept & file)

Traffic Committee Recommendation is to accept and file the Traffic Committee minutes of the meeting of October 17, 2006.

D-8 City Treasurer’s Report (receive & file)

Treasurer’s Report Recommendation is that the City Council receive and file this report.

Miscellaneous — City Clerk’s Office

D-9a Conflict of Interest Code Update

Recommendation is that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City, Community Development Commission and Public Financing Authority in compliance with Government Code requirements:

Reso 2006-86 RESOLUTION NO. 2006-86 - A RESOLUTION OF THE CITY

City Conflict of Interest COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA

Reso 2006-87 RESOLUTION NO. 2006-87 - A RESOLUTION OF THE CITY

CDC Conflict of Interest COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION

Reso 2006-88 RESOLUTION NO. 2006-88 - A RESOLUTION OF THE CITY

Public Financing Authority COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE FOR THE WEST COVINA PUBLIC FINANCING AUTHORITY

Miscellaneous — City Manager’s Office

D-9b Election of San Gabriel Basin Water Quality Authority Board

SB Water Quality Board Member and Alternate Member Representing Cities without Water Pumping Rights

Recommendation is that the City Council adopt the following resolution to cast the City of West Covina’s eleven (11) votes for Councilmember Michael Touhey of West Covina to serve on the San Gabriel Basin Water Quality Authority Board:

Resolution 2006-89 RESOLUTION NO. 2006-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CASTING ALL 11 VOTES FOR COUNCILMEMBER MICHAEL TOUHEY OF WEST COVINA TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY

Miscellaneous — Community Services Department

Resolution Establishing Change in Time for the Community

D-9c Services Commission Meetings to 6:30 P.M.

Comm. Service Commission Recommendation is that the City Council adopt the following resolution:

Reso 2006-90 RESOLUTION NO. 2006-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5682 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE MEETING TIME OF THE COMMUNITY SERVICES COMMISSION TO 6:30 P.M.

Miscellaneous — Environmental Management Department

D-9d BKK Landfill Site Quarterly Status Report

BKK Status Report Recommendation is that the City Council receive and file this report.

Miscellaneous - Finance Department

D-9e 2005-06 and 2006-07 Fiscal Years Budget Update

Budget Update Recommendation is that the City Council:

Receive and file the budget update;

Appropriate $20,000 from the General Fund Reserve to account 110.11.1130.5112 to fund part-time cable television production assistants;

Appropriate $7,000 from the Charter Settlement Fund to account 203.51.5150.xxxx to fund the Halloween program at Westfield Mall;

Appropriate $17,022 of additional one-time Area Agency on Aging grant funds to account 146.51.5146.6999 for the purchase of table and chairs for the senior center; and

Change the salary schedule for the Cook position at the Senior Center from the current range of $2,407 - $2,926 to a new range of $3,026 - $3,678 and adopt the following resolution:

Reso 2006-91 RESOLUTION NO. 2006-91 - A RESOLUTION OF THE CITY

Cook Salary COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2003-99, RELATING TO COMPENSATION AND BENEFITS FOR THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA) — GENERAL EMPLOYEES; APPROVING THE REVISED SALARY RANGE FOR THE COOK POSITION

Miscellaneous — Planning Department

D-9f Part-Time Lease of City Hall Parking Spaces to Crazyhorse

Crazyhorse Parking Spaces Steakhouse

Recommendation is that the City Council authorize the execution of a lease with Crazyhorse restaurant for part-time use of up to 100 parking spaces on the top level of the City Hall parking structure during evening and weekend hours.

Miscellaneous — Police Department

D-9g 2006 G.R.E.A.T. Grant

2006 G.R.E.A.T. Grant Recommendation is that the City Council:

Accept the 2006 G.R.E.A.T anti-gang education grant, and authorize the addition of one full-time sworn position to the Police Department to exclusively implement the G.R.E.A.T. program for the duration of the grant. This additional position will automatically be eliminated from the Department’s authorized staffing level (unless otherwise directed by the City Council) should grant funding be terminated.

Appropriate the $140,697 reimbursable grant as follows:

$65,000 in 141.31.3111.5110 (GREAT instructor salary)

$5,250 in 141.31.3111.5113 (instructor overtime)

$800 in 141.31.3111.5132 (uniform)

$26,145 in 141.31.3111.515X (fringe benefits)

$1,730 in 141.31.3111.6050 (training)

$6,235 in 141.31.3111.6120 (contractual services)

$21,412 in 141.31.3111.6220 (curriculum supplies)

$6,400 in 141.31.3111.6140 (CEC facility costs)

$7,725 in 141.31.3111.6270 (special supplies)

D-9h 2006 Homeland Security Grant

Homeland Security Grant Recommendation is that the City Council:

1. Accept and appropriate the 2006 Homeland Security grant, totaling $703,854, as follows:

$517,500 into 218.31.3110.6999 (portable Police radios)

$146,354 into 218.32.3210.7160 (Fire CBRNE/SCUBA rescue equipment)

$40,000 into 218.32.3210.5113 (Fire security planning activities)

Approve the purchase of one-hundred and ten (110) XTS-5000 portable radios (with accessories) for $517,500 including tax, from 218.31.3110.6999, and twenty-eight (28) XTL-5000 vehicle-mounted radios (with accessories and installation/programming) for $143,932 including tax, from 204.33.3313.7160, directly from Motorola Inc. (using Advanced Electronics, the sole distributor authorized by the manufacturer to offer LA County and grant contract pricing).

CONSENT CALENDAR MOTION Motion by Sanderson and seconded by Lane to waive further reading of the resolutions and ordinance, read by title only and adopt and approve all items on the consent calendar with the record reflecting Touhey abstaining on Item D-4 only. Motion carried 5 — 0 by Roll Call vote as follows:

AYES: Hernandez, Lane, Sanderson, Touhey, Herfert

NOES: None

ABSTAIN: Touhey on D-4 only

PUBLIC HEARINGS Public Hearing

Amendments to the FY 2006-2007 Community Development

E-1 Block Grant (CDBG) Action Plan

CDBG Amendments Mayor Herfert announced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Community Services Management Analyst McDonald gave the staff report.

Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments.

Testimony Closed There being no one wishing to address the Council, Mayor Herfert closed the public testimony portion of the hearing.

Motion Motion by Touhey and seconded by Lane to approve the following proposed amendments with funding as follows:

Domestic Violence Crime Victim Advocate $ 28,091

ADA Park Barrier Removals 25,000

Senior Center Renovation 75,000

Sidewalks/Stamped Concrete 30,000

Street Rehabilitation — CDBG Streets 100,000

Orangewood Roller Hockey Ramps 18,000

ADA Street Barrier Removals/Upgrades 80,000

Azusa Ave. north — Street Improvements 50,000

Fire Station #3 Renovation 200,000

Motion carried 5-0.

Public Hearing Public Hearing

Code Amendment No. 06-02

E-2 Roominghouses in Residential Zones

Roominghouses Mayor Herfert announced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Planning Director McIsaac presented a brief report and answered questions.

Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments.

Shirley Buchanan, West Covina resident, voiced her support of the proposed amendment.

Testimony Closed There being no one else wishing to address Council, Mayor Herfert closed the public testimony portion of the hearing and commenced Council discussion.

Assistant City Clerk Rush presented:

Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE REGULATION OF ROOMINGHOUSES (CODE AMENDMENT NO. 06-02)

Motion Motion by Touhey and seconded by Hernandez to waive further reading of the ordinance, read by title only and introduce. Motion carried 5-0 by the following roll call vote:

AYES: Hernandez, Lane, Sanderson, Touhey, Herfert

NOES: None

Public Hearing Appeal Hearing

Appeal of Administrative Use Permit No. 06-43

(Maximum Unit Size Exception and Large Expansion)

Appellant: Steven and Maria Sernek

E-3 Applicant: Jose Rafael Salas

AUP No. 06-43 Location: 319 N. Leland Avenue

Mayor Herfert announced the hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Herfert opened the hearing. Principal Planner Anderson presented a brief report and answered questions.

Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for public comments.

Neutral Herb Redholtz, West Covina resident and Planning Commissioner, stated his reason for voting for the project as a Planning Commissioner. Mr. Redholtz stated his vote at the Planning level was due to conditions that the applicant would remove two proposed detached bathrooms. The applicant has changed those conditions since the filing of the appeal and Mr. Redholtz felt the project should, therefore, return to the Planning Commission

Planning Director McIsaac explained that since the project has been appealed, the applicant would, therefore, like the City Council’s consideration to one of the detached bathrooms.

In favor of Appeal Joanne Wilner, West Covina resident, stated that the expansion is too large for the existing neighborhood and favors the appeal.

Steven Sernek, West Covina resident, addressed his opposition stating the addition will create privacy issues with his neighboring home; the addition is not conducive to the neighborhood.

In Opposition to Appeal Jose Rafael Salas, West Covina resident and applicant of the proposed addition stated they want to expand their home for the convenience of their family. Mr. Salas’ wife, Ana Salas, and children, also addressed Council as to why they would like Council to oppose the appeal.

Darius Foster, West Covina resident, supported the applicant and stated the applicant had complied with the recommendations of the Planning Commission and should be able to move forward.

Close Testimony Mayor Herfert closed the public testimony portion of the agenda and commenced Council discussion.

Council discussion Councilmember Hernandez stated his support of the expansion as long as the applicant meets the conditions recommended by the Planning Commission and work with the appellant to mitigate privacy issues.

Councilmember Sanderson supported the applicant’s desire to expand their home.

Mayor Pro Tem Touhey stated he would support the appeal, having a concern with overall size of the project, the number of proposed bathrooms and the prospect of the garage being converted into residential use with a bathroom proposed for the garage.

Councilmember Lane stated she would not support the expansion and second story in a single story neighborhood, unless all neighbors are supportive.

Mayor Herfert stated he would support the appellant voicing his concern with the size of the project and number of bathrooms.

Assistant City Clerk Rush presented:

Resolution No. 2006-92 RESOLUTION NO. 2006-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND DENYING ADMINISTRATIVE USE PERMIT NO. 06-43

Motion Motion by Touhey and seconded by Herfert to waive further reading of the resolution, read by title only and adopt overturning the decision of the Planning Commission, denying Administrative Use Permit No. 06-43.

COMMUNITY DEVELOPMENT COMMISSION

Mayor Herfert recessed the City Council meeting to convene the Community Development Commission at 9:04 p.m. The City Council reconvened at 9:05 p.m. with all members present.

DEPARTMENTAL MATTERS

No reports for this meeting.

MAYOR’S/COUNCILMEMBERS’ REPORTS

Mayor Pro Tem Touhey

H-1 Maverick Field Dugouts Replacement

Maverick Field Dugouts Motion by Touhey and seconded by Herfert to consider replacing existing dugouts with new dugouts at Maverick Field. Motion carried 5 — 0.

COUNCILMEMBER COMMENTS

Councilmember Sanderson stated she was pleased to see the many upcoming City events taking place at City facilities.

Councilmember Lane thanked staff for their participation and efforts for the recent Halloween event, "Scary Lane", and Ridge Riders 50^th celebration.

Mayor Pro Tem Touhey also thanked the staff for their contributions to community events.

Councilmember Hernandez requested that options be included in the staff report that is brought before Council regarding the award of the graffiti removal contract and discussed moving forward with the Downtown revitalization.

Mayor Herfert requested a proposal for a program that would incorporate the police department graffiti task force efforts, graffiti clean-up, and park security.

ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at 9:25 p.m. Motion carried 5-0.

Respectfully submitted by:

_________________________________

Assistant City Clerk Susan Rush

Mayor Steve Herfert