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05-18-1999 - RegularTuesday May 18, 1999 REGULAR MEETING OF THE WEST CO [MINA CITY COUNCIL AGENDA 7:30 p.m. Council Chambers Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Ball, 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 (626)814-8433 (voice) or (626) 960- 4422 (TTY) from 8 a.m. to 5 p.m. Monday through Friday for assistance. Please call at ]cast 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 may be required. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Howard, Melendez, Herfert, Touhey, Wong APPROVAL OF MINUTES Special meeting of March 23, 1999 - Recycling Regular meeting of April 20, 1999 Special meeting of May 4, 1999 - Closed Session Special meeting of May 6, 1999 - Budget Study Session PRESENTATIONS CPRS Presentation Recognizing Community Services Staff Explorers' Recognition Resolution of Commendation - Bob Irving Mr. Cimino's Government Class -West Covina High School PROCLAMATIONS United Way Campaign 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 1., 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. I &Xtlfy that ties of the Council 4'pnda for t&`te mmUrtg of - --2_ wem a pc03 to arr_ordance with the 1/87 Brown Act Amendments. DaQd 5-1 ((r 4 9 . office of the City Clerk Council Agenda • May 18, 1999 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) West Covina Landscape Maintenance District No. 4 On April 6, 1999 the City Council preliminarily approved the Engineer's report for West Covina Landscape Maintenance District No. 4. In addition, the City Council declared its intention to levy and collect assessments within the District and set May 18, 1999 as the date for the public hearing. Staff is proposing to maintain the current assessment rates for the FY beginning July 1, 1999. The City Council should now hold the required hearing to levy and collect assessments. The total amount to be assessed is $772,925. a) Verification of publication b) Open hearing c) Review Engineer's Report d) Review written protests, if any e) Receive oral protests, if any I) Close hearing g) Council discussion h) Allow or override protests, if any i) Recommendation: It is recommended that the City Council adopt the following resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FY BEGINNING JULY 1, 1999 (West Covina Landscape Maintenance District No. 4) Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over 2) West Covina Landscape Maintenance District No 6 On April 6, 1999 the City Council preliminarily approved the Engineer's report for West Covina Landscape Maintenance District No. 6. In addition, the City Council declared its intention to levy and collect assessments within the District and set May 18, 1999 as the date for the public hearing. Staff is proposing to maintain the current assessment rates for the FY beginning July 1, 1999. The City Council should now hold the required hearing to levy and collect assessments. The total amount to be assessed is $67,500. a) Verification of publication b) Open hearing c) Review Engineer's Report d) Review written protests, if any e) Receive oral protests, if any f) Close hearing g) Council discussion h) Allow or override protests, if any i) Recommendation: It is recommended that the City Council adopt the following resolution entitled: agnd05.18.99 2 Council Agenda • May 18, 1999 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FY BEGINNING JULY 1, 1999 (West Covina Landscape Maintenance District No. 6) Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over 3) West Covina Landscape Maintenance District No. 7 On April 6, 1999 the City Council preliminarily approved the Engineer's report for West Covina Landscape Maintenance District No. 7. In addition, the City Council declared its intention to.levy and collect assessments within the District and set May 18, 1999 as the date for the public hearing. Staff is proposing to maintain the current assessment rates for the FY beginning July 1, 1999. The City Council should now hold the required hearing to levy and collect assessments. The total amount to be assessed is $41,000. a) Verification of publication b) Open hearing c) Review Engineer's Report d) Review written protests, if any e) Receive oral protests, if any f) Close hearing g) Council discussion h) Allow or override protests, if any i) Recommendation: It is recommended that the City Council adopt the following resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE' ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FY BEGINNING JULY 1, 1999 (West Covina Landscape Maintenance District No. 7) Motion by 2" `' by to waive further reading of the resolution and adopt disapprove hold over 4) 1999-00 Community Development Block Grant Proeram Based on input received from both the Community Services Commission and the Senior Services Commission, the Community Services Department has completed its draft of the 1999-00 Action Plan, outlining the City's use of Community Development Grant Funds for housing, low income projects, economic development, and public services. agnd05.18.99 3 Council Agenda • May 18, 1999 a) Verification of publication b) Open hearing c) Presentation of staff report d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the Council take the following actions: • Comment on the proposed one year Action Plan for 1999-00; and • Authorize the submittal of West Covina's 1999-00 Action Plan through the following resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO APPLY FOR FUNDS PURSUANT TO THE 1974 FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT AS AMENDED AND CERTIFYING THE ENVIRONMENTAL RECORD THEREOF. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over CONSENT CALENDAR 1) Commissions' Summary of Actions (receive and file) a) Planning 05/11/99 b) Waste Mgmt./Environmental Quality 04/15/99 2) Claims for Action (deny & notify claimant) a) Mark Rosales vs City of West Covina On January 29, 1999, the City Clerk's Office received a claim for vehicle property damage. The amount had not been determined at the time of presentation. b) Cheryl Ann Tate vs City of West Covina On January 14, 1999, the City Clerk's Office received a claim for bodily injury. The amount had not been determined at the time of presentation. c) Spencer S. Morrison vs City of West Covina On October 29, 1998, the City Clerk's Office received a claim for property damage amounting to $400.00. 3) Temporary Use Permits (receive & rile) TUP #2415-99 West Covina Environmental Management at 501 South Glendora Avenue for an oil recycle event on 4/23/99. TUP #2508-99 West Covina Optimist Club at Cameron Park for a rummage sale on 4/24/99. aend05.18.99 4 Council Agenda • May 18, 1999 4) Acceptance of Improvements and/or Release of Bonds a) Project No. GP-97305 — Palmview Park Community Center New Restrooms and Re -roofing Applicant: Whelan Construction Company Location: 1340 East Puente Avenue Recommendation is to accept on -site improvements and authorize release of Intereargo Insurance Company of Illinois, Bond No. 1031059, in the amount of $67,978.00, subject to Notice of Completion. b) Proiect No. GP-99301B — Jail Roof -Deck Leak Renairs Applicant: American Deck Systems Location: 1444 West Garvey Avenue Recommendation is to accept on -site improvements and authorize release of California, Bond No. M103448, in the amount of $32,200.00, subject to Notice of Completion. 5) Award of Bids No bid awards for this meeting. 6) Ordinance for Adoption (waive reading & adopt) At the Council meeting of May 4, 1999 the City Council introduced an ordinance consisting of two minor changes in Municipal Code regulations governing promotional events at automobile dealers and regional shopping centers. This ordinance is now before the Council for a second reading and adoption. It is recommended that the City Council adopt the following ordinance entitled: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO STANDARDS FOR PROMOTIONAL EVENTS (Code Amendment No. 288). 7) Miscellaneous — Environmental Mana ement a) 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. It is recommended that the City Council receive and file this report. Miscellaneous — Public Services b) Amendment to the Building Codes, Fire Codes, and Grading Ordinance: Introduction and Setting a Public Hearing Date The Public Services Department and the Fire Department are requesting that the City of West Covina proceed with an ordinance for the adoption of the California Building Standards Code and the 1997 Editions of the Uniform Building Code, Uniform Fire Code, Uniform Code for the Abatement for Dangerous Buildings, Uniform Housing Code, Uniform Solar Energy Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Sign Code, and the 1996 National Electrical Code. The date of the public hearing will be June 1, 1999 and the effective date of the ordinance is July 1, 1999. It is recommended that the City Council introduce the following ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, agnd05.18.99 5 Council Agenda • • May 18, 1999 ARTICLES II, 111, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 9, ARTICLE I, AND CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE AND THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY CODE, AND THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE. and Set June 1, 1999 as the date for a public hearing concerning the adoption of the Uniform Building and Fire Codes cited above. c) Permitted Sewer Pipe — Kind and Size Golden Sun Marketing (GSM) submitted a request for the approval of Polyvinyl Chloride pipe (PVC) SDR35 to be used in the construction of sewer lines. Engineering staff has reviewed the submittal and has found that the use of this kind of pipe is acceptable with certain limitations. It is recommended that the City Council approve the use of PVC pipe SDR35 by introducing the following ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING SECTION 22-36 OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO KIND AND SIZE OF SEWER PIPE. d) Project No. SP-97110 — Rehabilitation of Segments of Various Bus Route Streets — Approval of Plans and Specifications Plans and specifications have been prepared for Project No. SP-97110 which includes partial removal of the existing asphalt concrete surface, the construction of concrete bus pads at bus stops, coldmilling and asphalt rubber hot mix overlay including striping on Azusa Avenue from Garvey Avenue South to Cameron Avenue, La Puente Road, up to 800 feet easterly from Nogales Street, and Francisquito Avenue from Glendora Avenue to the westerly City limit. Estimated cost for the project is $678,000. It is recommended that the City Council approve the plans and specifications for Project No. SP-97110 and authorize the City Engineer to call for bids. e) Resolution Supporting the San Gabriel Basin Drinking Water Initiative The San Gabriel Valley Joint Task Force, a collaborative effort between the San Gabriel Valley Water Association and the San Gabriel Basin Water Quality Authority, has requested the City of West Covina support the initiative to bring outside funding to expedite the clean-up of the San Gabriel Groundwater Basin. It is recommended that the City Council adopt the following resolution supporting the San Gabriel Basin Drinking Water initiative: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING LEGISLATIVE EFFORTS TO ACCOMPLISH GROUNDWATER CLEAN-UP IN THE SAN GABRIEL BASIN. f) Extension of Deferral for BKK Class I Screening Plan On June 2, 1998, the City Council granted a one-year deferral to the remaining completion of the planting of a permanent screen of trees around the southerly periphery of the Class I landfill per the terms of the 1996 BKK Settlement Agreement. The reason for the deferral was to allow time to agndO5.18.99 6 Council Agenda May 18, 1999 determine if a new street would be approved in the same location as part of BKK's development plans. As no decision regarding the street has yet been made, BKK is now requesting a further extension of the deferral. Staff recommends that the City Council grant a one-year extension (until June 2, 2000) of the deferral to complete the planting of trees along the southerly perimeter of the Class I landfill, subject to the condition that should the proposed alignment of "A" Street not be approved, the permanent planting of trees per the November 6, 1996 plan shall be completed within 90 days of the applicable date. g) Zone D Flood & Mudflow Risk Analysis — City of West Covina The City of West Covina does not currently have a National Flood Insurance Program flood map. Therefore, residents pay the highest flood insurance rates, even though they may be in a low risk area. The City Council will consider directing the City Manager to authorize FEMA to publish a flood map. This map will allow West Covina property owners to obtain flood insurance at reduced rates. It is recommended that the City Council direct the City Manager to authorize FEMA to publish the Los Angeles County, California, Zone D Flood and Mudflow Risk Analysis for the City of West Covina. Miscellaneous — Finance Department h) Appropriations Limit for Fiscal Year 1999-2000 Article XIIIB of the California Constitution imposes an appropriations limit on units of State and local government. This report calculates the 1999- 2000 appropriations limit for the City of West Covina. City Council will consider adopting the appropriations limit for the year ending June 30, 2000. It is recommended that the City Council adopt the following resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1999-2000. Miscellaneous — Personnel Department i) An Amendment to the Public Employees' Retirement System (PERS) Contract Enacting a Military Service Credit Provision, on Behalf of all Miscellaneous Employees Approval of this report will result in an ordinance authorizing an amendment to the contract between the Public Employees' Retirement System (PERS) and the City to provide Section 21024 (Military Service Credit as Public Service) for CEA (Confidential/Exempt), SBPEA (General), SBPEA (Maintenance, CEA (Mid -Management), Public Safety Dispatchers, and unrepresented Miscellaneous employees. It is recommended that the City Council introduce the following ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF WEST COVINA. agnd05.18.99 7 Council Agenda • • May 18, 1999 j) An Amendment to Public Employees' Retirement System (PERS) Contract Enacting the Fourth Level of 1959 Survivor Benefits for Safety Employees (Police and Fire) Approval of this report will result in an amendment to the contract between the Public Employees' Retirement System (PERS) and the City Council of the City of West Covina to provide the Fourth Level of 1959 Survivor Benefits (life insurance) for Police and Fire (sworn). It is recommended that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF WEST COVINA. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 7: C) Motion by 2nd by to waive further reading of the ordinances/resolutions and introduce/adopt, as applicable, and to approve all items listed, except ROLL CALL: Herfert, Melendez,.Touhey, Wong, Howard END OF CONSENT CALENDAR PUBLIC SERVICES 1) ShoppinE Cart Retrieval Contract Unauthorized removal and abandonment of shopping carts in the City of West Covina costs businesses and consumers tens of thousands of dollars, has become an eyesore in the community, and is often a public safety matter. The proposed contract provides the City of West Covina an opportunity for the quick and efficient removal of abandoned shopping carts and an eventual solution to the problem. Staff recommends that the City Council authorize the Mayor and City Manager to enter into a contract with CSCRC to retrieve abandoned shopping carts within the City of West Covina and authorize the Finance Director to appropriate the funding as specified in the staff report. Motion by 2nd by to approve disapprove hold over agnd05.18.99 8 Council Agenda • May 18, 1999 D) ENVIRONMENTAL MANAGEMENT DEPARTMENT 1) Amended and Restated Athens Services Franchise Agreement for the Collection of Solid Waste, Recyclables Yard Waste and Other Compostables At the March 23, 1999 joint City Council/Waste Management/Environmental Quality Commission meeting, the City Council directed staff to amend the Waste Collection Franchise Agreement. The amendment was to include the eight -year term Option 1 waste processing at Athens' material recovery facility to recover recyclables. It is recommended that the City Council accept the amended and restated Franchise Agreement for the City's signature. Motion by 2nd by to approve disapprove hold over 2) BKK Landfill Groundwater Remedy BKK has asked the City to send a letter to U.S. EPA supporting BKK and the Puente Basin Water Master's concern and caution on any requirement under the Statement of Basis for the pumping of off -site extraction wells during groundwater remedy selection. The caution is in light of the possibility of drawing contaminated water off -site. It is recommended that the City Council direct staff to send a letter from the City of West Covina to U.S. EPA. Motion by 2nd by to approve disapprove hold over E) REDEVELOPMENT AGENCY Recess the City Council meeting at Agency. Reconvene the City Council meeting at F) COMMUNITY SERVICES p.m. to convene the Redevelopment p.m. 1) 2000 Rose Float: Approval to Contract with Charisma Floats After going through a formal bid process, the Rose Float Executive Committee has selected Charisma Floats to design and build the City's float for the 2000 Rose Parade. Staff is, therefore, recommending that a contract with Charisma Floats be authorized to commence the immediate design and construction of the 2000 City of west Covina Rose Parade float. It is recommended that the City Council (1) accept the bid of $100,000 from Charisma Floats to design and build a 55 foot float for entry in the 2000 Tournament of Roses Parade; and (2) authorize the City Manager to execute the appropriate agreement with Charisma Floats. Motion by 2nd by to approve disapprove hold over agnd05.18.99 9 Council Agenda May 18, 1999 G) PUBLIC SAFETY SERVICES 1) Communications Department a) Charter Communications CATV Service Rates & Franchise Fee Charges This report reviews Charter Communications CATV service rates and franchise fee increases imposed as of March 1, and recommends City Council action concerning the franchise fee increase. It is recommended that the City Council: • Authorize our CATV legal counsel to join with the legal counsels representing other Local Franchising Authorities in Southern California to determine what appropriate legal actions may be taken to protest Charter Communications' March 1, 1999 increase in local franchise fees; and • That such participation be funded by an advance from the City's unrestricted reserve account, to be reimbursed by delinquent franchise fees to be paid by Charter Communications. Motion by 2nd by to approve disapprove hold over b) City Support of CATV Channel WCCT-TV (Channel 56) Operated by Mt. San Antonio College This reports recommends that the City Council compensate Mt. San Antonio College (Mt. SAC) for its operation of WCCT-TV, CATV Channel 56 through June 30, 1999, as specified herein, pending renewal of the City's CATV Franchise Agreement. It is recommended that the City Council authorize staff to transfer to Mt. SAC, ownership of the WCCT-TV production vehicle, a 1984 GMC box bed vehicle (VIN #2GDHG31218E45141184), and all video related equipment shown on Attachment (2) hereto. This transfer will serve as an in -kind compensation to Mt. SAC for services rendered from February 1, 1999 through June 30, 1999. Motion by 2nd by to approve disapprove hold over c) CATV Franchise Renewal Negotiations This report recommends that the City Council reaffirm its position with respect to the negotiations with Charter Communications for the renewal of the CATV Franchise Agreement. It is recommended that the City Council reaffirm the City's position which, assuming agreement is reached on all other issues, sets Charter's monetary, level of support for community access at $1.1 million and the length of the renewal Agreement at no longer than twelve (12) years. Motion by 2nd by to approve disapprove hold over agnd05.18.99 10 Council Agenda • • May 18, 1999 2) Police Department a) Realignment of the Police De artment Budget The Police Department is under -expended in the salary categories and over - expended in the materials and services categories. An appropriation transfer will remedy the situation and allow the Police Department to pay its on- going bills. Also, the lease payments on 15 Police vehicles dating back to FY 97-98 were omitted from the Police Department's budget in the current fiscal year. This omission has been corrected in the DY 99-2000 budget, but the Police Department requires an additional appropriation to remedy the omission this year. It is recommended that the City Council take the following actions: • Approve the appropriation transfer of $131,000 from 110-304-2111- 5111 to 110-304-2110-6XXX to cover various materials and services costs; and • Authorize the transfer of General Fund Reserves in the amount of $198,620 into the Debt Service Fund (200-304-2110-6424) and appropriate that amount to pay for the FY98-99 lease obligations of 15 Police Department vehicles. Motion by approve disapprove 2nd by hold over to M ADMINISTRATIVE SERVICES No reports I) GENERAL ADMINISTRATION No reports J) APPROVAL OF DEMANDS and WIRE TRANSFERS 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. Demands totaling $ Registers # thru # Wire Transfers totaling $ Motion by 2nd by to approve disapprove hold over ROLL CALL: Herfert, Melendez, Touhey, Wong, Howard agnd05.18.99 I I •Council Agenda • • May 18, 1999 K) ORAL COMMUNICATIONS (30 minutes) This is the time of the meeting to address the City Council on any municipal matter not listed on the Agenda. L) MAYOR'S REPORT M) COUNCILMEMBERS' REPORTS N) CITY MANAGER'S REPORT ADJOURNMENT Motion by adjourn the meeting at 2nd by p.m. to TENTATIVE CITY COUNCIL MEETING SCHEDULE Thursday 5/19/99 6:00 p.m. Budget (Chamber & CIP) Tuesday 6/01/99 7:30 p.m. Regular meeting Tuesday 6/15/99 7:30 p.m. Regular meeting agnd05.18.99 12