12-20-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
December 20, 1994
The regular meeting of the West Covina City Council was called to order
by Mayor McFadden at 7:40 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Mayor McFadden
and.the Pledge of Allegiance was led by Mayor McFadden.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council -
members Manners, Touhey, Wong
Others Present: Starbird, Glover, Dixon, Miller, Greene, Orr,
Yoshizaki; Samaniego, Distelrath, Salazar, Ure,
Keating, Cheramie, Janis, Panis, Collier, Mayer,
Koniarksy, Berry '
APPROVAL OF MINUTES Motion by Wong and seconded by Herfert to
approve the minutes of the special meeting of
September 13, 1994. Motion carried 5-0.
Motion by Manners and seconded by Herfert to
approve the minutes of the joint meeting with
the Planning Commission. Motion carried 5-0.
Motion by Wong and seconded by Touhey to approve
the minutes of the special meeting of December
6, 1994, as corrected to indicate that Mayor Pro
Tem Herfert had attended the court date with the
Council but had not been at City Hall for roll
call. Motion carried 5-0..
PRESENTATION Representatives from the West Covina Youth
Soccer Association presented jerseys and
pamphlets to the Councilmembers in _celebration
of their 25th anniversary.
HEARINGS No hearings scheduled for this meeting.
AGENDA AND ORAL COMMUNICATIONS
Ed Honeywell
Ed Honeywell, 1733 W. San Bernardino Road,
kennel owner, spoke in opposition to Item N-1
(kennel regulations), feeling that the City was
getting involved in a dispute between his
business and customers.
Miki Osep ,
' Miki Osep, 716 S. Hollenbeck, Covina, spoke.in
favor of regulating kennels (Item N-1), feeling
that the City regulates other businesses and it
should regulate kennels as well.
Evelyn Honeywell
Evelyn Honeywell, 1733 W. San Bernardino Road,
kennel owner, spoke in opposition to the City
regulating kennel businesses (N-1).
Janet Bowen
Janet Bowen, 747 N. Azusa Avenue #32, voiced
J
complaints against her landlord and problems at
her apartment complex. Mayor McFadden noted the
effectiveness of Code Enforcement for some of
the issues and City Manager Starbird stated that
the Fair Housing Council mediates between land-
lords and tenants.
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Minutes of December 20, 1994 2
Billie Frierson Billie Frierson, Assistant Library Administrator
for the East County Region of the County of
L.A., addressed Council regarding the resumption
of full operating hours at the library and some
of the new features available to the citizens.
Linda Siggins Linda Siggins, West Covina Branch Librarian,
spoke about the Grand Reopening of the Library.
She thanked Council for their past support and
invited them to attend the affair.
Denise Dilly Denise Dilly, West Covina Children's Librarian,
discussed the expansion of the children's ser-
vices and programs.
Andy Ramirez Andy Ramirez, 154 N. Roberto #B, thanked every-
one in the City who offered their support and
help during his 11/94 election campaign and
stated that he would try to have his political
signs removed during the upcoming weekend.
CONSENT CALENDAR Written Communications (None received)
Commission Summary of Actions (receive & file)
Planning 12/13/94
Waste Mngt/Environmental Quality 12/01/94
claims for Action (deny & notify claimant)
On October 19, 1994, the City Clerk's Office
received a claim from Laura Brewer for monetary
loss amounting to $155.
On October 8, 1994, the City Clerk's Office
received a claim from Juan Jose Gonzalez for
loss of personal property amounting to $1,200.
On November 21, 1994, the City Clerk's Office
received a claim from Diane McCarthy for
monetary loss amounting to $231.25.
On October 19, 1994, the City Clerk's Office
received a claim from Mauricio/Patricia Vallejo
for monetary loss amounting to $63.
Approval of Final Map (adopt resolution)
Location: Three commercial properties at the NW
corner of Roberto/West Covina Pkwy
Resolution 9160 - RESOLUTION NO. 9160 - A RESOLUTION OF THE CITY
Parcel Map 23887 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF PARCEL MAP NO. 23887
' (DePietro)
_T_emporarV Use Permits (receive & file)
TUP #2222-94 was issued to Mike Steele for
Christmas tree lot at 220 S. Vincent from 12/1 -
12/21.
TUP #2224-94 was issued to West Covina Nissan
for a radio promo on 11/26 at 1840 E. Garvey.
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Minutes of December 20, 1994
Acceptance of Improvements/Release of Bonds
TS 92109 - Recommendation is to accept installation of traf-
Macadee Electrical fic signal and release Insurance Company of Great
Construction America Performance Bond No. 7685344 in the
amount of $68,213 subject to Notice of Comple-
tion procedures.
PP 91202 - Recommendation is to accept improvements and re -
Patrick & Sons lease AM Amico Surety Bond No. 35MS0064400 in the
Construction amount of $47,750.
Ordinances for Adoption (waive reading & adopt)
Ordinance 1950 - ORDINANCE NO. 1950 - AN ORDINANCE OF THE
Amendment 259 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING CERTAIN SECTIONS OF THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), AS
IT RELATES TO PROMOTIONAL EVENTS AND SIGNAGE
(Amendment No. 259)
Ordinance 1951 - ORDINANCE NO. 1951 - AN ORDINANCE OF THE
Amending RDA plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE
WEST COVINA REDEVELOPMENT PROJECT IN ACCORDANCE
WITH HEALTH AND SAFETY CODE SECTION 33333.6
City Treasurer's Report (receive & file)
Report for the month of October, 1994.
Award of Bids (no bid awards this meeting)
Miscellaneous - Personnel Services
1) Approval of Revised Affirmative Action Plan
Revised Affirmative Recommendation is to approve and adopt the
Action Plan revised Affirmative Action Plan for the
City of West Covina.
2) Revised Classification Specifications
Revised Class Specs - Recommendation is to approve the revised
ADA requirements classification specifications, in compli-
ance with the American with Disabilities
Act, for use as the official City job
descriptions.
Miscellaneous - Communications
1) Extension of Lease Agreement with 100 Citrus
Ltd. for Location of Radio Equipment
Radio Lease Agreement - Recommendation is to authorize the Mayor to
100 Citrus Ltd. sign amendment to the existing lease agree-
ment with 100 Citrus Ltd., extending the
agreement for another five years.
Miscellaneous - Public Works
1) Selection of Consultant for Design of Sports
Lighting
Design of Sports Lighting - Recommendation is to select the firm of
Mullen & Associates Mullen & Associates, Anaheim, in an amount
not to exceed $15,600 and authorize the
Mayor and City Clerk to execute a consul-
tant services agreement.
Minutes of December 20, 1994
4
2) SP 95104 - Curb and Gutter Repair -
Approval of Plans and Specifications
SP 95104 - Recommendation is to a) appropriate $50,000
Plans & specs approved from unappropriated Gas Tax Funds and
release the presently budgeted amount of
• $50,000 to the unappropriated fund of the
Citywide Lighting and Maintenance District;
and b) approve the plans and specifications
for SP 95104 and authorize the City Engi-
neer to call for bids.
3) SP 94107 - Sidewalk Construction and Barrier
Removal -Approval of Plans & Specifications
SP 94107 - Recommendation is to approve the plans and
Plans & specs approved specifications for SP 94017 and authorize
' the City Engineer to call for bids.
4) 1994/95 Transportation Development Act (TDA)
Funding
Resolution 9161 - Recommendation is to adopt the following
TDA allocation of $39,175 resolution:
RESOLUTION NO. 9161 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE
APPLICATION FOR BICYCLE AND PEDESTRIAN
FUNDS AUTHORIZED UNDER SB 821
Miscellaneous - Human Services
1) Request for Proposals for Operation of the
Shuttle Service
Shuttle Service RFPs Recommendation is to authorize the Human
Services Director to solicit proposals from
transportation operators for the operation
of the shuttle service.
Miscellaneous - Fire Department
1) Replacement of Fire Department Command Unit
Chevrolet Suburban - Recommendation is to a) find that the use
Fire -Bann Corporation of the County of Orange's Bid/Quote No.
1600000129 is as stringent as that used by
the City and therefore satisfies the formal
bid process per WCMC 5 20333(i), and b)
authorize staff to purchase one 1995
Chevrolet Suburban from Fire -Bann
Corporation at a cost not to exceed
$40,888.19 to be charged to the Vehicle
Replacement account.
.CONSENT CALENDAR MOTION Councilmember Wong requested Item C-7 be removed
for separate consideration as he would have to
abstain from voting on the adoption of one of
the ordinances because of conflict of interest
laws.
Motion by Herfert and seconded by Manners
to waive reading of the resolutions and adopt,
and to approve all other items on the Consent
Calendar, except Item C-7. Motion carried by
• the following roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
Item C-7 Regarding Ordinance No. 1950:
Motion by Herfert and seconded by Touhey to
waive reading of the ordinance and adopt.
Motion carried 5-0.
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Minutes of December 20, 1994
PUBLIC WORKS
WASTE MANAGEMENT
ENVIRONMENTAL SERVICES
COMMUNITY DEVELOPMENT
CITY MANAGER
Final FY 94/95 Budget
CBDG Loan Payoffs
HUMAN SERVICES
!1
Regarding Ordinance No. 1951:
Motion by Manners and seconded by Herfert
to waive reading of the ordinance and adopt.
Motion carried 4-0-1 with Wong abstaining due to
a conflict of interest.
No items scheduled for this meeting.
AGENCY (LEA) No items scheduled.
No items scheduled for this meeting.
REDEVELOPMENT AGENCY
1) Mayor McFadden recessed the City Council
meeting at 8:36 pm. The City Council re-
convened at 8:40 pm with all members
present.
1) FINAL FY 94/95 BUDGET
City Manager Starbird presented the final
FY 94/95 budget, prefacing his remarks with
assurances that City of West Covina has not
invested any funds in the Orange County
Financial Pool and that the City's policy
does not permit risky ventures such as
those entered into by Orange County (which
has caused it to file bankruptcy).
Mayor McFadden stated that the budget
was the best ever and was proud of the work
done by staff incorporating the City
Council's directives.
Motion by Herfert and seconded by
Touhey to adopt the Final FY 94/95 Annual
Budget as presented. Motion carried 5-0.
REDEVELOPMENT AGENCY
2) CBDG LOAN PAYOFF ALLOCATION
Council reviewed the staff report. Staff
to provide Councilmember Touhey with number
of current CBDG loans.
Motion by Herfert and seconded by Man-
ners to allocate the loan payback funds in
the amount of $100,000 to supplement the
Home Improvement Program for FY 94/95.
Motion carried 5-0.
PARKING AUTHORITY
Mayor McFadden recessed the City Council meeting
at 9:00 pm to convene the Parking Authority
meeting. The City Council reconvened at 9:02 pm
with all members present.
No items scheduled for this meeting.
Minutes of December 20, 1994
PUBLIC SAFETY POLICE DEPARTMENT - ORDINANCE INTRODUCTION -
DAYTIME LOITERING OF MINORS
Council reviewed the staff report. Councilmember
Manners suggested the proposed language for Sec-
tion 15-18(a) be revised to mirror the wording
contained in the second WHEREAS paragraph of the
proposed ordinance. Council concurred.
City Clerk presented:
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
daytime loitering OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 15,
ARTICLE I, SECTION 15-18 TO THE WEST COVINA
MUNICIPAL CODE PROVIDING FOR A DAYTIME LOITERING
FOR MINORS ORDINANCE, as amended
Motion by Manners and seconded by Touhey to
waive further reading of the ordinance and
introduce. Motion carried 5-0.
ADMINISTRATIVE SERVICES
PERSONNEL - TRANSMISSION OF RESOLUTION PROVIDING
CHANGES TO SALARY FOR EMPLOYEES REPRESENTED BY
THE WEST COVINA FIREFIGHTERS' ASSOCIATION AND
FIRE MANAGEMENT EMPLOYEES
Council reviewed the staff report.
City Clerk presented:
Resolution 9162 -
RESOLUTION NO. 9162 - A RESOLUTION OF THE
Firefighters & Fire
CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
Management salaries
NIA, AMENDING APPENDIX "A" OF RESOLUTION NO.
8791 THE CITY'S SALARY RANGE STRUCTURE FOR
EMPLOYEES IN THE WEST COVINA FIREFIGHTERS'
.ASSOCIATION AS AMENDED; AND AMENDING APPENDIX
"A" OF RESOLUTION NO. 6482, AS AMENDED, RELATING
TO MANAGEMENT AND CONFIDENTIAL SERVICES; AND
RESOLUTION NO. 7223, AS AMENDED, RELATING TO
CLASSIFICATION AND COMPENSATION OF POSITIONS AS
AMENDED
Motion by Manners and seconded by Herfert
to waive further reading of the resolution and
adopt. Motion carried 5-0.
CITY MANAGER 2) ADMINISTRATIVE TRAVEL EXPENSE REIMBURSEMENT
POLICY
Council Expense Accounts City Manager Starbird elaborated on the
staff report, noting that the City's policy
is strict in comparison to other cities'
policies. Councilmember Touhey stated he
would like to see all travel expenses be
brought to the Council for approval before
reimbursement. He expressed interest in
membership expenditures as well. City
Manager Starbird responded and noted that
all non -mandatory travel, registrations,
per diem, etc. amounts to $30,000. Coun-
cilmember Wong suggested that the policy
issues, which is Council's main concern, be
• addressed during the budgetary process for
the next fiscal year budget.
.Mayor Pro Tem Herfert stated that his
concern is to make sure the organization is
within budget. He would like to see the
travel budget broken down by Councilmember,
perhaps on a quarterly basis or semi-
annually.
Minutes of December 20, 1994 7
Councilmember Touhey wants to see
Council expenditures by account, primarily
for any member of the public to easily
track Council expenses. City Manager said
it would be possible to set up separate
sub -numbers on the expenditure side to do
this. Councilmember Touhey also wanted to
make sure that if a business, such as
Carlson Travel Agency or Nosh -A -Rye, is
receiving all the City's business, they
should paV for that exclusiveness.
Councilmember Manners stated that in
principal she agrees with spreading City
business throughout the City as long as it
is the best price. She noted that several
years ago, Carlson offered the City good
service at a very good price and perhaps
it's time to review that.
City Manager Starbird returned the
subject back to Council expenses. He noted
that the funds are not broken down in five
equal amounts because the expenses incurred
by the Council is dependent upon the level
of activity experienced by the individual
Councilmembers.
Councilmember Manners spoke about her
involvement with the League of California
Cities and the National League of Cities.
She stated that it has been important to
West Covina to be a part of the policy
making committees and she has done it for
the betterment of West Covina. She has
produced reports for the rest of the
Council to keep them abreast of what's
happening. It is a lot of work and some-
times somebody appreciates it.
Motion by Herfert and seconded by
McFadden to direct staff to create separate
accounts to disclose individual Council
expenses. Motion carried 5-0.
City Manager Starbird stated he would
report back on the other issues: travel
agencies, catering, and towing companies.
3) STAFF APPOINTMENTS AND ORGANIZATIONAL
CHANGES
City Organizational Changes Council reviewed the staff report. Council -
member Manners commended the City Manager
on the realignment. of City personnel and
the resulting budgetary savings.
Motion by Herfert and seconded by Wong
to approve the recommendations contained in
the City Manager's staff report, approve
the necessary budget adjustments, and refer
the appropriate matters to the Personnel
Commission for review and recommendation.
Motion carried 5-0.
• APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $1,016,309.76 as listed
on check registers FI 152063 through 152361,
except numbers 152119 and 152140. Motion
carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
ABSTAIN: Touhey re Community Food Bank
11
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Minutes of December 20, 1994
W
Warrant No. 152119 Mayor Pro Tem Herfert asked for a clarification
of this $42,983.90 warrant for engineering ser-
vices provided by expert witnesses in connection
with the BKK litigation. Upon explanation
provided by staff, a motion was made by Herfert
and seconded by McFadden to approve. Motion
carried 4-1 with Wong voting no.
Warrant No. 152140 Mayor Pro Tem Herfert and Councilmember Touhey
opposed the approval of the $480.35 payable to
the Holiday Inn. This was the site for the
mandatory settlement negotiations and the costs
are split with BKK to pay for half of the
charges. The City will seek half of this amount
from BKK. Motion by Manners and seconded by
Wong to approve the warrant. Motion carried 3-2
with Herfert and Touhey voting no.
ORAL COMMUNICATIONS No comments.offered
MAYOR'S REPORTS REGULATIONS OF KENNELS
Council reviewed the report.
. Motion by Manners and seconded by. Herfert
to receive and file the informational report.
Motion carried 5-0.
Mayor McFadden reported on the recent December
loth Filipino Celebration that he attended.
Mayor McFadden reminded the audience of his
office hours at the Senior Citizens Center and
his Thursday evening 7:00 pm show on Channel 56.
COUNCILMEMBERS' REPORTS 1) RESIGNATION OF ASSEMBLYMAN PAUL HORCHER
Assemblyman Paul Horcher Councilmember Touhey explained why he has
suggested Council seek Assemblyman Hor-
cher's resignation. Because he felt he did
not have the majority of Council behind him
on this issue, Councilmember Touhey favored
holding this item over.
Upon further discussion, motion by
Manners and seconded by McFadden to table
the issue.
Councilmember Manners stated it was
her .position that regardless of how one
feels about Mr. Horcher, partisan politics
has no place with the non -partisan Council.
Mayor McFadden concurred, adding that he
felt maligning an elected official was not
appropriate in a public forum. Council -
member Wong suggested that if Councilmember
Touhey ever 'wanted to bring this matter
back to Council, he may not want to table
this matter but simply have the Council
take no action.
Mayor McFadden asked for a vote on the
motion. The motion to table carried 3-2
with Touhey and Wong voting no.
Mayor Pro Tem Herfert asked if he
could change his vote.
Motion by Herfert and seconded by
Minutes of December 20, 1994 9
Touhey to reconsider. Motion to reconsider
carried 4-1 with Wong voting no. Mayor
McFadden stated that Council would now vote
on the original motion to table. The
motion to table failed'2-3 with Herfert,
. Touhey and Wong voting no.
2) OPPOSITION TO LOS ANGELES COUNTY ACCEPTING
OUT OF COUNTY TRASH
Los Angeles County's Mayor Pro Tem Herfert stated that he
proposal to accept trash opposed the idea of Los Angeles County
from other counties accepting trash from other counties.
Although the staff report indicated a
request for $5,000 from the General Fund,
he corrected that by stating that all he
was seeking was support from Council to
send a letter in opposition to the County
Sanitation District.
Motion by Herfert and seconded by
Touhey to send a letter. Councilmember
Wong requested more information before
taking a position on this as a City, or
perhaps send this to the Waste Management
and Environmental Quality Commission for
their input. Councilmember Manners also
noted that Mayor Pro Tem Herfert's request
counters the concept of rail hauling, a
proposal that is still being pursued which
would transfer trash to other counties.
A substitute motion was made by Manners
and seconded by Wong to refer this to the
Waste Management/Environmental Quality
Commission. Herfert withdrew his first
motion. The substitute motion carried 5-0.
Touhey Councilmember Touhey requested the following be
agendized for the next meeting:
a) cost recovery of police related items in
connection with the MSI study,
b) cost recovery from graffiti abatement
activities. City Attorney stated that there are
some new laws coming into effect within six
months and she would like to include those, if
Council could wait. She received an affirmative
response.
Herfert Mayor Pro Tem Herfert requested the following be
agendized for the next meeting:
a) who approved the removal of the gas wells
in the area where BKK is trying to expand the
landfill,
b) consideration of a lawsuit against the
Department of Toxic Substances Control for not
seeking a conclusion in financial assurances
regarding post closure of the BKK Landfill,
c) a vote as to whether to continue settle-
ment negotiations with BKK or not,
d) and a status report on the UUP process.
Touhey Councilmember Touhey asked for the process for
decommissioning wells at the landfill. Waste
Management Enforcement Manager Samaniego related
the required protocol and will report back to
Council with more information.
Minutes of December 20, 1994 10
McFadden Mayor McFadden requested another copy of the
entertainment ordinance. Planning Director
Collier to supply.
• ADJOURNMENT Motion by Manners and seconded by Touhey to
adjourn the meeting at 10:42 pm.
Attest:
City Clerk Jane erry
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