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09-16-1997 - Regular• Y certify that copies of the �Counc4l Agenda for the meating of ^q' I lo- q 7 were postal in Accordance with the 1/37 Brown Act Amendments REGULAR MEETING t q OF THE WEST COVINA CITY COUNCIL ©tfi, of the, city mw, Tuesday 7:30 p.m. September 16, 1997 Council Chambers AGENDA Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City complies with the Americans With Disabilities Act (ADA). If you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please call (818) 814-8433 (voice) or (818) 960-4422 (TTY) from 8 a.m. to. 5 p.m. Monday through Friday for assistance. Please call at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services or use of hearing impaired aide at Council meetings, four working days notice may be required. INVOCATION Pastor Bonnie J. Thomas, Bread of Life Church PLEDGE OF ALLEGIANCE ROLL CALL Wong, Melendez, Herfert, Howard, Touhey APPROVAL OF MINUTES Special meeting of September 2, 1997 Regular meeting of September 2, 1997 PRESENTATIONS California Rideshare Week - October 6-10, 1997 Constitution Week - September 17-23, 1997 Certificates of Recognition - Express Soccer ADDRESSING THE CITY COUNCIL If you would like to address the City Council regarding a municipal matter that is not on the Agenda, please complete a Speaker's Card and submit it to the City Clerk any time prior to Oral Communications - Item L on the Agenda. You may approach the podium when called upon by the Mayor. If you would like to address the City Council regarding an item on the Agenda, including Public Hearing matters, please complete a Speaker's Card and submit it to the City Clerk any time prior to the item being discussed. Citizen comments will be taken at the time the subject matter is considered by the City Council. You may approach the podium when called upon by the Mayor. Speaker's Cards are available on the table at the entrance to the Council Chambers. A) HEARINGS There may be reasonable limitations placed on the time for oral testimony at public hearings before the City Council. Speakers should be prepared to submit additional comments beyond the time limit in writing to the City Clerk at or before the time set for the public hearing. 1) APPEAL OF ADMINISTRATIVE USE PERMIT NO 3 Appellant: Joanne Wilner (on behalf of homeowners of Tract # 18575) Applicant: Fidel Bravo, 2945 Casa Linda Drive On July 22, 1997 and August 26, 1997, the Planning Commission conducted public hearings and approved Administrative Use Permit No. 3, allowing the construction of a 2,124± square foot two-story addition to an existing 1,850± square foot residence. On September 2, 1997, a September 16, 1997 • homeowner within the neighborhood filed an appeal of the Planning Commission's decision to approve Administrative Use Permit No. 3. a) Verify legal noticing b) Presentation of staff report c) Public testimony d) Close hearing e) Council discussion f) Recommendation is to uphold the decision of the Planning Com- mission and approve Administrative Use Permit No. 3. It is also recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 3 Motion by 2nd by to waive further reading of the resolution and to adopt disapprove hold over 2) STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC- TION, 1997 EDITION: ADOPTION OF THE ORDINANCE On August 19, 1997, the City introduced an ordinance regarding the adoption of the 1997 Edition of the Standard Specifications for Public Works Construction to amend Section 19-1 of the West Covina Municipal Code and set September 16, 1997 as the date for the required public hearing prior to adoption. a) Verification of legal noticing b) Presentation of staff report c) Public testimony d) Close hearing e) Council discussion f) Recommendation is to adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE 1997 EDITION OF THE STANDARD SPECIFI- CATIONS FOR PUBLIC WORKS CONSTRUCTION BY REPEALING AND ADOPTING SECTION 19-1 OF THE WEST COVINA MUNICIPAL CODE Motion by 2nd by to waive further reading of the ordinance and to adopt disapprove hold over ROLL CALL: agn10.17 September 16, 1997 • • B) CONSENT CALENDAR 1) Written Communications A letter was received from Bruce Leinbach requesting to speak about the current Council meeting manner in which comments relating to non - Agenda items are taken at the end of the meeting. 2) Commissions' Summary of Actions (receive and file) a) Community Services Commission 8/12/97 b) Planning Commission 9/09/97 c) Senior Citizens' Commission 8/16/97 3) Claims for Action (deny and notify claimant) a) Judith Hart/Automobile Club vs City of West Covina On May 27, 1997, the City Clerk's Office received a claim for property damage amounting to $590.00. b) Richard Puglisi vs City of West Covina On July 23, 1997, the City Clerk's Office received a claim for property damage amounting to $326.24. c) Dena Marette vs City of West Covina On July 16, 1997, the City Clerk's Office received a claim for tire damage amounting to $303.39. 4) Temporary Use Permits (receive and file) TUP #2414-97 was issued to La Mesa RV at 730 South Orange (K Mart) for an RV show from 8/28/97 through 9/8/97. 5) Acceptance of Improvements/Release of Bonds Precise Plan No. 824 - Ara Terminassian and Robert Yoohanna Recommendation is to accept on -site and off -site improvements at 444 S. Glendora Avenue and authorize release of American Motorists Insurance Company Bond No. NO-3SM76044700 in the amount of $142,000.00, subject to Notice of Completion procedures. 6) Award of Bids a) Maintenance District No. 4 - Maintenance of Landscape, Natural Areas. Hardscape, and Sprinkler Svstems This five year contract provides for the maintenance of landscape, natural areas, hardscape, and sprinkler systems in Maintenance District No. 4. A total of five bids were received with Azteca Land- scape submitting the lowest responsible bid in the amount of $291,033 annually for the five year contract. Recommendation is to accept the bid of Azteca Landscape of Pomona for a five year contract in the amount of $1,455, 165.00 ($291,033 annually) and execute an agreement with Azteca Landscape. agn10.17 3 n September 16, 1997 • • b) Los Angeles County/West Covina Civic Center - Maintenance of Landscape. Hardscape and Sprinkler Systems This five year contract provides for the maintenance of landscape, hardscape and sprinkler systems for the Los Angeles County/West Covina Civic Center. A total of five bids were received with Spectrum Care submitting the lowest responsive bid in the amount of $54,600.00 annually for the five year contract. Recommendation is to accept the bid of Spectrum Care of Foothill Ranch for a five year contract in the amount of $273,000.00 ($54,600.00 annually) and execute an agreement with Spectrum Care. c) Project SP 97102 - Street Rehabilitation Work - Asphaltic Concrete Overlay Seven bids were received and opened on Wednesday, September 3, 1997, for the street rehabilitation work - asphaltic concrete overlay. The lowest bid received was $219,892 from Ruiz Engineering Company of Long Beach. Recommendation is to take. the following actions: Transfer: $41,490 (Capital Projects Fund) from SP 96101 $14,100 (Construction Tax Fund) from SP 96101 $ 9,347 (CDBG) from SP 96106 $34,687 (Proposition 111) from SP 96114 $ 8,723 (Proposition 111) from SP 97115 $38,000 (CDBG) from SP 97106 $10,653 (Proposition 111) from SP 98101 to: SP 97102 (Total Transfer: $157,000) Accept the bid of Ruiz Engineering of Long Beach in the amount of $219,892.00, as submitted at the bid opening and authorize the Mayor and City Clerk to execute an agreement with Ruiz Engineering. d) Project PP 98201 - Landscape, Irrigation, Security Lighting and Picnic Shelters at Sunset Field Three bids were received and opened on Tuesday, September 9, 1997, for this project which provides for landscape, irrigation, security lighting and picnic shelters at Sunset Field. The lowest responsible bid is $56,196.00 from Whelan Construction of West Covina. Recommendation is to accept the bid of Whelan Construction in the amount of $56,196.00 as submitted at the bid opening on Tuesday, September 9, 1997, and authorize the Mayor and City Clerk to execute an agreement with Whelan Construction. 7) Miscellaneous - Public Works a) Distribution of Metropolitan Water District (MWD) Refunds The City of West Covina Water Department received a one-time refund from Three Valley Municipal Water District (TVMWD) in the amount of $116,590.90 based on water purchased from May 1, 1995 through April 30, 1996. This refund can now be distributed to individual City customers based on the amount of water purchased during this period. Recommendation is to approve the disburse- ment of surplus funds obtained from MWD to eligible customers and authorize the City Engineer to proceed with the refund distribution. agn10.17 4 September 16, 1997 • • b) Parking Restrictions for Farmers' Market During the operational hours of the Farmers' Market, areas of the City parking lot easterly of Glendora Avenue between Lakes Drive and Dalewood Street will be used for displays and for a fire lane. Therefore, it is necessary to assure that there are no vehicles parked in conflict with the activities prior to the start time. California Vehicle Code § 22651(N) requires the City Council to adopt a resolution or ordinance to establish a tow -away zone on City property along with the posting of appropriate signs. It is proposed to create a tow -away zone from 4:00 am through 6:00 am on Saturdays. Recommendation is to adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A TOW -AWAY ZONE ON SATURDAYS FROM 4:00 AM THROUGH 6:00 AM IN THE CITY PARKING LOT EASTERLY OF GLENDORA AVENUE BETWEEN LAKES DRIVE AND DALEWOOD STREET Miscellaneous - Environmental Services c) 1996 Waste Diversion Annual Report This is the State -required annual report on the City's efforts to divert waste from disposal at landfills. The 1996 diversion rate is calculated to be 28 percent compared to 31 percent for 1995. Recommendation is to receive and file this Annual Report and authorize staff to submit it to the California Integrated Waste Management Board. d) BKK Landfill Closure Plans - Status Report This is an updated report on the STATUS OF PLANS FOR BKK LANDFILL CLOSURE and other related BKK matters. This is a part of the City program to keep the community informed of the progress toward implementation of the closure plans for the BKK Landfill. Recommendation is -to receive and file this report. Miscellaneous - Police Department e) Taxi Cab Certification by Outside Agencies This report requests the City Council approve a policy change whereby the Chief of Police may accept another city's Taxi Cab Driver's License provided they meet the same Municipal Code criteria as the City of West Covina. Recommendation is to approve the procedure of allowing other City permits as fulfillment of our background investigation, provided they meet the same Municipal Code criteria as the City of West Covina. agn10.17 5 September 16, 1997 • ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THRU 7: Motion by 2nd by to waive further reading of the resolution and adopt, and to approve all items listed, except ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey C) PUBLIC WORKS No reports for this meeting. D) WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. E) ENVIRONMENTAL SERVICES No reports for this meeting. F) REDEVELOPMENT AGENCY Recess the City Council meeting at pm to convene the Redevelopment Agency. Reconvene the City Council at pm. G) HUMAN SERVICES No reports for this meeting. H) PUBLIC SAFETY - POLICE DEPARTMENT 1) URGENCY ORDINANCE PROHIBITING THE UNSAFE LOADING AND/OR UNLOADING OF STUDENTS ACROSS THE STREET FROM SCHOOL Police Department staff recommends the adoption of the following urgency ordinance allowing the issuance of citations to drivers of a motor vehicle who load and/or unload children under the age of 12 years across the street from a school thereby placing the child in a hazardous situation as they cross the street. Recommendation is to a) adopt the urgency ordinance and b) direct the Chief of Police, on behalf of City Council and the community, to seek state legislation to address the issue. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REGARDING JUVENILE TRAFFIC SAFETY AND DECLARING THE URGENCY THEREOF Motion by 2nd by to waive further reading of the ordinance and to adopt disapprove hold over agn10.17 6 September 16, 1997 • • I) ADMINISTRATIVE SERVICES 1) PERSONNEL SERVICES a) MEET AND CONFER IMPASSE - WEST COVINA FIREFIGHTERS' ASSOCIATION In a letter to the City Manager, the West Covina Firefighters' Association is formally declaring impasse. This report transmits the letter to the City Council for acknowledgment and a final determination regarding the status of the meet and confer process. Recommendation is to take the following actions: * Acknowledge the letter from the Firefighters' Association declaring impasse. * Call for any such additional oral and/or written information as the Association wishes to provide at this time. * Barring the receipt of any new information that the Council wishes to consider or discuss with staff in closed session, (pursuant to Government Code § 54957.6 - CONFERENCE WITH LABOR NEGOTIATOR; City Negotiator: Diane Ure; Employee Organization: Firefighters' Association) that the City Council determine the meet and confer process concluded and direct staff to implement the City's last offer. * If the decision by the City Council is to implement the City's last best offer at this time, it is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO COMPENSATION AND CLASSIFICATION OF POSITIONS AS AMENDED, AND FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE WEST COVINA FIRE- FIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 Motion by 2nd by to waive further reading of the resolution and to adopt disapprove hold over b) FEDERAL MINIMUM WAGE ADJUSTMENTS Wage adjustments for Reserve Police Officer and Clerk Aide I are recommended to comply with federal minimum wage. Recommendation is to adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE COMPENSATION OF CLASSIFICATIONS WITHIN THE CITY OF WEST COVINA LIMITED SERVICE CLASSIFICATION AND AMENDING RESOLUTION NO. 9393 Motion by 2nd by to waive further reading of the resolution and to adopt disapprove hold over agn10.17 September 16, 1997 • 2) RISK MANAGEMENT APPOINTMENT OF ICRMA SUBSTITUTE ALTERNATE Amendment to Independent Cities Risk Management Authority (ICRMA) Joint Exercise of Powers Agreement to allow appointment of substitute alternate. Recommendation is to adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) JOINT EXERCISE OF POWERS AGREEMENT TO AUTHORIZE A MEMBER CITY TO APPOINT A SUBSTITUTE ALTERNATE REPRE- SENTATIVE TO THE GOVERNING BOARD If the Council desires to name an alternate at this time, approval of the following resolution is recommended: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY GOVERNING BOARD Motion by 2nd by to waive further reading of the resolution(s) and to adopt disapprove hold over J) CITY MANAGER 1) REQUEST FOR FUNDS TO COMPLETE THE HURST RANCH HISTORICAL FOUNDATION PROJECT The Hurst Ranch Historical Foundation has a special relationship with the City of West Covina which has previously made available $100,000 from its Capital Improvement Fund to fund the preliminary planning and site work for the project. The Foundation is now applying for the additional sum of $700,000.00, which has been set aside by the City Council in order to provide for the completion of the project. Recommendation is to approve the allocation of $700,000.00 to the Hurst Ranch Historical Foundation, with funding as described in the staff report. Motion by 2nd by to approve disapprove hold over K) APPROVAL OF DEMANDS The City Council reviews and approves accounts payable by the City. These demands represent accounts payable since the most recent regular meeting of the City Council. Motion by approve disapprove 2nd by hold over ROLL CALL: Herfert, Howard, Melendez, Touhey, Wong to agn10.17 - s September 16, 1997 • • L) ORAL COMMUNICATION M) MAYOR'S REPORT N) COUNCILMEMBERS' REPORTS 1) CHANGES IN LOS ANGELES COUNTY SANITATION DISTRICTS' RULES FOR SEWER CREDITS The City Council requested staff to review and report on the Los Angeles County Sanitation Districts' Rules for Sewer Credits. Of particular concern are the restrictions placed on the transfer or sale of sewer credits and the financial effects of those restrictions for the City of West Covina. Recommendation is to receive and file the staff report and have staff work with Councilmember Touhey to monitor and research additional infor- mation in an effort to reconsider this issue at a future Los Angeles County Sanitation District meeting. Motion by 2nd by to approve disapprove hold over ADJOURNMENT MOTION by 2nd by to adjourn the meeting at a.m./p.m. CITY COUNCIL MEETING SCHEDULE Tuesday October 7, 1997 7:30 p.m. Regular meeting Tuesday October 21, 1997 7:30 p.m. Regular meeting Tuesday November 4, 1997 7:30 p.m. Regular meeting Tuesday November 18, 1997 7:30 p.m. Regular meeting agn10.17 . 9