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06-06-1995 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 6, 1995 . The regular meeting of the West Covina City Council was called to order at 7:36 pm by Mayor Herfert in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor Tommie Farris of Faith Community Church and the Pledge of Allegiance was led by Mayor Pro Tem Touhey. ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Council - members McFadden (arrived at 8:05 pm) and Wong Absent: Councilmember Manners (excused) Others Present: Starbird, Wylie, Orr, Miller, Glover, Tucker, Jones, Keating, Meyer, Mayer, Patton, Blais, Dixon, Collier, Fong, Cleary, Samaniego, Shott, Greene, Berry APPROVAL OF MINUTES Motion by Herfert and seconded by Touhey to approve the following sets of minutes: Regular meeting of May 2, 1995 Special meeting of May 16, 1995 Regular meeting of May 16, 1995 Special meeting of May 18, 1995 .Special meeting of May 22, 1995 (7:00 pm) Special meeting of May 22, 1995 (7:30 pm) PRESENTATION Mayor Herfert announced that the West Covina High School Girl's Softball Team has become the Champions of the Sierra League three times in a row. Coach Len Mussack came forward to accept the Mayor's Certificate and asked .the team captains to introduce each of the team players. They each received a Baby Ruth candy bar and an autographed picture of the Mayor. HEARING CONTINUED PUBLIC HEARING - WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT - CONFIRMATION OF ASSESSMENTS This hearing was opened on May 16th and con- tinued until this evening. Council discussed whether or not to consider the matter this evening or postpone it until July 5th when the CIP budget would be discussed. Council favored. disposing of the matter at this meeting. The staff report was presented by City Engineer Glover. Public Testimony City Clerk Berry stated that no written communications had been received. Mayor Herfert asked for verbal comments and the following addressed Council: Iris Delameter Iris Delameter, 1212 W. Eckerman, noted her opposition to reducing the rates by 3% as sug- gested by Councilmember Wong because the rates . would be increased next time. Tami Klenck Tami Klenck, 609 S. Magnolia, favored the 3% decrease in the rates. If Council decides not to make that reduction, she favored ear- marking the funds for improving the acoustics at the Civic Center Court Yard. Testimony closed Mayor Herfert closed the public testimony portion of the hearing and commenced. Council discussion. Council Minutes of June 6, 1995 2 Council Discussion Councilmember Wong reiterated his idea from the May 16th meeting, wherein he proposed a 3% decrease in the assessment district to the residents; however, he liked Ms. Klenck's idea of improving the Court Yard sound system. Mayor Pro Tem Touhey stated that he had concurred with Councilmember Wong at the last meeting, but would now support placing the $100,000 in the CIP program in light of the number of pending requests. Mayor Herfert noted his support for youth programs as well as fiscal responsibility, concluding that the $100,000 should remain in the fund. City Clerk presented: Resolution 9223 - RESOLUTION NO. 9223 - A RESOLUTION OF THE Citywide district CITY COUNCIL OF THE CITY OF WEST COVINA,. CALI- FORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER, DATED APRIL 10, 1995, AS REVISED, PRE- PARED PURSUANT TO RESOLUTION NO. 9177, DATED FEBRUARY 7, 1995, AND PRELIMINARILY APPROVED PURSUANT TO RESOLUTION NO. 9194, OF SAID COUN- CIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN LIGHTING FIXTURES AND ELECTRI- CAL CURRENT TO BE FURNISHED FOR LIGHTING FIX- TURES AND TO ORDER CERTAIN LANDSCAPING TO BE INSTALLED AND MAINTAINED FOR FISCAL YEAR BEGIN- NING JULY'l, 1995 (West Covina Citywide Lighting and Maintenance District - FY 95/96) Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 2-1 with Wong voting no. HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.6 City Clerk Berry verified the affidavit of pub- lication. Mayor Herfert opened the hearing and the staff report was presented by City Engineer Glover, stating that there were no increases to the proposed rates. Public Testimony City Clerk Berry stated that no written protests had been received and Mayor Herfert asked for None verbal comments or protests. No one addressed the City Council. Mayor Herfert closed the Testimony closed public testimony portion of the hearing. City Clerk presented: Resolution 9224 - RESOLUTION NO. 9224 - A RESOLUTION OF THE Maint. Dist. #6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE REPORT OF THE CITY ENGI- NEER, DATED APRIL 10, 1995, PREPARED PURSUANT TO RESOLUTION NO. 9179, DATED FEBRUARY 7, 1995, AND • APPROVED PRELIMINARILY PURSUANT TO RESOLUTION NO. 9203, OF SAID COUNCIL, AND THE ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN LAND- SCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1995 Motion by Touhey and seconded by Herfert to waive further reading. of the resolution and adopt. Motion carried 3-0. Council Minutes of June 6, 1995 3 Councilmember McFadden arrived at 8:05 pm: HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO 4 City Clerk Berry verified the affidavit of pub- lication. Councilmember Wong stated that he would abstain from discussing and voting on this matter, due to conflict of interest laws. Mayor Herfert opened the hearing and the staff report was presented by City Engineer Glover. Mr. Glover stated that the proposed rates include a 10% decrease from last fiscal year. Public Testimony City Clerk Berry stated that no written protests had been received. Mayor Herfert asked for None verbal protests or comments and no one addressed the City Council. Mayor Herfert closed the pub - Testimony closed lic portion of the hearing. Council Discussion Mayor Herfert commended City Engineer Glover on his efforts in keeping the maintenance districts rates at a level where Council desired. City Clerk presented: Resolution 9225 - RESOLUTION NO. 9225 - A RESOLUTION OF THE Maint. Dist. #4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE REPORT OF THE CITY. ENGINEER, DATED APRIL 10, 1995, PREPARED PURSU- ANT TO RESOLUTION NO. 9178, DATED FEBRUARY 7, 1995, AND APPROVED PRELIMINARILY PURSUANT TO RESOLUTION NO. 9201 OF SAID COUNCIL, AND THE ASSESSMENT CONTAINED IN SAID REPORT;' ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1995 Motion by Herfert and seconded by Touhey to waive further reading of the resolution and to adopt. Motion carried 3-0-1 with Wong abstaining (conflict of interest). HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO 7 City Clerk Berry verified the affidavit of pub- lication. Councilmember Wong stated that he would be abstaining from the discussion and vote on this matter, due to conflict of interest laws. However, he reserved his right to speak to this issue as a private citizen as he lives in this district. Mayor Herfert opened the hearing and the staff report was presented by City Engineer Glover. Mr. Glover stated that the proposed rates are the same as those for the current fiscal year. Public Testimony City Clerk Berry stated that no written protests had been received. Mayor Herfert asked for • comments or protests and the following individual addressed Council: Benjamin Wong Ben Wong, 1104 Promontory Place, addressed the issue of reduced assessment rates given last year to the developer in this maintenance dis- trict. He requested the Council to continue monitoring the development to make sure the reduction is deserved.' There being no others wishing to address Testimony closed Council, Mayor Herfert closed the public testi- mony portion of the hearing. Council Minutes of June 6, 1995 4 Council Discussion Mayor Pro Tem Touhey stated that he was not a member of the Council at the time the reduced rates were authorized for that developer. City Clerk presented: Resolution 9226 - . RESOLUTION NO. 9226 - A RESOLUTION OF THE Maint. Dist. #7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER, DATED APRIL 10, 1995, PREPARED PURSUANT TO RESOLUTION NO. 9180, DATED FEBRUARY 7, 1995, AND APPROVED PRELIMINARILY PURSUANT TO RESOLUTION NO. 9205, OF SAID COUNCIL, AND THE ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1995 Motion by Herfert and seconded by Touhey to waive further reading of the resolution and adopt. Motion carried 3-0-1 with Wong abstaining (conflict of interest). AGENDA AND ORAL COMMUNICATIONS Brian McCarty Brian McCarty, business tenant located at 522 S. Glendora Avenue, addressed Redevelopment Agency Item II (signage at the Capri Center). David Fung David Fung, owner of the Capri Center (RDA Item II), discussed the problems he has had with attracting a major to his center and asked for RDA assistance. Susy Harvey Susy Harvey, Executive Director of the West Covina Chamber of Commerce, stated that in relation to Council Item H-1 (July 4th Event), the Executive Board of the Chamber of Commerce had not been consulted about the use of BIT funds for the event. Gail Zauss Gail Zauss, 2116 W. Pacific Avenue, thanked Council for the action taken regarding the intersection of Pacific Avenue with Cameron Avenue/Pacific Lane (a Traffic Committee Atem). She stated it,was a difficult problem and gave credit to the City Engineer for resolving it admirably. Iris Delameter Iris Delameter, 1212 W. Eckerman, commented on noise levels (N-1), noting that when noise problems between neighbors are not resolved, the problems escalate. Bryan.Garland Bryan Garland, California Street Hockey, dis- cussed Item D-1 and the need for additional funding. James. Fonseca James Fonseca, 816 N. Azusa Avenue, thanked Judy Orr, Administrative Analyst in the City Manager's Office, for her assistance with his cable problems. He asked Council to look into the rates, particularly for people on fixed incomes. CONSENT CALENDAR Written Communications (none received) Council Minutes of June 6, 1995 5 r Commissions - summary of Action (receive & file) Human Services 5/9/95 Personnel 5/10/95 Planning 5/23/95 Senior Citizens 5/11/95 . Waste Mqmt/Environmental Quality 5/18/95 Temporary Use Permits (receive & file) TUP #2246-95 was issued to Christ's Church for a carnival at Palmview Park on 5/21/95. TUP #2247-95 was issued to Joe's Taco Fiesta, 1224 W. Francisquito, for a radio promo/band on 5/14/95. TUP #2249-95 was issued to Shea Homes, southwest corner of Sunset & Delvale, for a construction trailer on 5/16/95 through 6/15/95. TUP #2251-95 was issued to K-Mart, 730 S. Orange, for a sidewalk sale on 5/26/95 through 5/29/95. TUP #2252-95 was issued to W. C. Nissan/Kia, 1840 E. Garvey Avenue, for a radio promo event on 5/27/95. Acceptance of Improvements/Release of Bonds SP 94107 - Sidewalk and Wheelchair Ramps SP 94107 - Recommendation is to accept sidewalks and Grigolla & Sons wheel chair ramp improvements and release Amwest Surety Insurance Company Bond No. 1291605 in the amount of $1,645.00, subject to Notice of com- pletion procedures. SP 94106 - Concrete Bus Stop Pads SP 94106 - Recommendation is to accept concrete bus stop Revco Solar Engineering pads and release Contractors Bonding and Insurance Bond No. CB 2642 in the amount of $94,000.00, subject to Notice of Completion procedures. PP 91202-2R - Park Play Area Barrier Removal PP 91202-2R - Recommendation is to accept improvements at Hondo Company, Inc. Cameron and Friendship Parks and release First National Insurance Company of America Surety Bond No. 5807161 in the amount of $129,590.00, subject to Notice of Completion procedures. PP 95205 - Rehabilitation of Community Youth Center at Cameron Park PP 95205 - Recommendation is to accept improvements at Whelan Construction the Cameron Youth Center and release American Contractors Indemnity Co. Bond No. 2282.in the amount of $21,302.00, subject to Notice of Completion procedures. . Traffic Committee Minutes (accept & file) . Minutes of the regular meeting of May 16, 1995. Award of Bids 1) SP 95101 - Street Rehabilitation Work at various Locations SP 95101 - Recommendation is to accept the bid of Sully -Miller Contracting Co. Sully -Miller Contracting Company in the Council Minutes of June 6, 1995 amount of $280,175.00 as submitted at the bid opening of May 2, .1995, and authorize the Mayor and City Clerk to execute the agreement. 2) WC-T95-1 - Two Year Tree Service Agreement WC-T95-1 - Recommendation is to accept the bid of Mariposa Horticultural Mariposa Horticultural Enterprises in the Enterprises amount of $241,944.44 ($120,972.22 annually) as submitted at the bid opening of May 23, 1995, and authorize the Mayor and City Clerk to execute the agreement. 3) New Roof at Fire Station No. 1 located at 819 S. Sunset Avenue Roof at FS #1 - Recommendation is to accept the bid of Best Best Roofing, Inc. Roofing, Inc., in the amount of $11,825.00 as submitted at the bid opening of May 30, 1995, and authorize the Mayor and City Clerk to execute the agreement. Miscellaneous - Fire Department First supplemental Weed & Rubbish Abatement List Recommendation is to adopt the following reso- lution: Resolution 9227 - RESOLUTION NO. 9227 - A RESOLUTION OF THE 1st Weed/Rubbish List CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION OF INTENTION NO. 9185 BY APPROVING THE FIRST SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST Miscellaneous - Public Works PP 95223, PP 95217, PP 95122, & PP 95224 - Sports Lighting - Approval of Plans & Specs. Sports Lighting - Recommendation is to approve the plans and speci- Plans & Specs approved fications for these projects (installation of baseball sports lighting at Palmview Park, Del Norte Park, Sunset Field and the construction of a basketball court with sports lighting at Friendship Park) and authorize the City Engineer to call for bids. Miscellaneous - Finance Department Appropriations Limit for FY 95/96 Recommendation is to adopt the following reso- lution: Resolution 9228 - RESOLUTION NO. 9228 - A RESOLUTION OF THE Appropriations Limit CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 95/96 Miscellaneous - Human services • 1) Filipino Fiesta - Civic Center Courtvard Recommendation is to adopt the following resolution: Resolution 9229 - RESOLUTION NO. 9229 - A RESOLUTION OF Filipino Fiesta 6/24 THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE USE OF THE CIVIC CENTER COURTYARD BY THE "I SHALL RETURN 1994-95 COALITION" FOR THE FILIPINO FIESTA ON SATURDAY, JUNE 24, 1995 Council Minutes of June 6, 1995 2) Reapplication for Older Americans Act Funds Recommendation is to adopt the following resolution: Resolution 9230 - RESOLUTION NO. 9230 - A RESOLUTION OF Older Americans Act Funds THE CITY COUNCIL OF THE CITY OF WEST COVINA, . (Meals On Wheels Program) CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE EXECUTION OF A CONTRACT FOR THE PROVISION OF SERVICES FOR ELDERLY PERSONS CONSENT CALENDAR MOTION Motion by Wong and seconded by McFadden to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call. vote: AYES: McFadden, Touhey, Wong, Herfert NOES: None ABSENT: Manners PUBLIC WORKS PP 95227 - TWO ROLLER HOCKEY RINKS AND PARKING LOT MODIFICATIONS AT ORANGEWOOD PARK - APPROVAL OF PLANS AND SPECIFICATIONS PP 95227 - City Engineer Glover elaborated on the staff Plans & specs approved report. Bryan Garland of California Street Hockey explained the increase in construction costs was somewhat offset by a reduction in the size of the rinks by five feet in both direc- tions and the relocation of the pro shop. Mayor Pro Tem Touhey expressed a strong desire to have additional rinks constructed at Shadow Oak Park. Mr. Garland responded to further questions regarding the number of players and the future outlook of the sport. Motion Motion by Herfert and seconded by Touhey to approve the plans and specifications for PP 95227 for the two roller hockey rinks and for the parking lot modifications, authorize the City Engineer to call for bids, and added that staff work with California Street Hockey for a facility at Shadow Oak Park. Councilmember Wong stated that he could not support that motion. He felt one rink at Orangewood Park was sufficient at this time because of the $75,000 increase of the project (which is 40% more than originally approved). Once California Street Hockey repays the City for that rink, then they would have an opportunity to build a second rink. He expressed strong concern about the financial risk to the City on this venture, in that the developer is contributing 10% of the cost and will keep 80% of the revenues. Mayor Herfert felt that this project is an investment on the part of the City and that it will get paid back by California Street Hockey. • He spoke favorably of proceeding ahead and asked for action on the motion. Action The motion, as stated above, carried 3-1 with Wong voting no. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports scheduled. ENVIRONMENTAL SERVICES No reports scheduled. • E Council Minutes of June 6, 1995 8 REDEVELOPMENT AGENCY 1) Mayor Herfert recessed the City Council meeting at 9:13 pm to convene the Rede- velopment Agency. The City Council recon- vened at 9:39 pm. 2) RESOLUTION OF INTENTION - APPROVING ANNUAL REPORT OF BID Council reviewed the staff report. City Clerk presented: Resolution 9231 - RESOLUTION NO. 9231 -)A RESOLUTION OF BID FY 95/96 assessments THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 95/96 AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CON- DUCTED JUNE 20, 1995 Motion by Herfert and seconded by McFadden to waive further reading of the resolution and adopt. Motion carried 4-0. HUMAN SERVICES FOURTH OF JULY EVENT July 4th Update Superintendent of Recreation Services Jones elaborated on the staff report and responded to Council questions. Council discussion followed regarding the use of Business Improvement Tax to fund this event. Councilmember Wong stated he could not support the recommended funding source as the BIT is a restricted fund to be used for the betterment of the business community. Mayor Pro Tem. Touhey argued that the Chamber of Commerce used BIT funds to pay for the Summer Concert Series. Councilmember McFadden expressed support for the event and suggested flyers be distributed that day containing advertisements from the local businesses. Councilmember Wong suggested that, at the very least, the flyers acknowledge that the event has been provided by the business community. Motion by Herfert and seconded by Touhey to approve the use of the Business Improvement Tax revenues as a funding source for the 1995 Fourth of July event. Motion carried 3-1 with Wong voting no. PUBLIC SAFETY No scheduled reports. ADMINISTRATIVE SERVICES No scheduled reports. CITY MANAGER TRANSFER OF CABLE TELEVISION FRANCHISE CATV Franchise Transfer Assistant City Manager Wylie elaborated on the staff report, noting that the current cable company has sold its business to Charter Com- munications. In light of the transfer, Mayor Herfert stated that he wants to ensure that the new cable company is responsive to the citizens of West Covina. City Clerk presented: Resolution 9232 - RESOLUTION NO. 9232 - A RESOLUTION OF THE re franchise transfer CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ACCEPTING, FOR THE PURPOSES OF REVIEW, Council Minutes of June 6, 1995 9 THE FCC FORM 394 SUBMITTED BY CCT, INC. RELATING TO A FRANCHISE TRANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATING THERETO Motion by Herfert and seconded by Touhey to waive further reading of the resolution and . adopt. Motion carried 4-0. Franchise fee audit - Motion by Herfert and seconded by McFadden to Moreland & Asso. accept the proposal of Moreland and Associates to conduct a franchise fee audit and appropriate the sum of $3,400 from General Fund reserves for this purpose. Motion carried 4-0. APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve Demands totaling $1,032,134.58 as listed on Check Registers FI 155538 through 155918. Motion carried by roll call vote: AYES: McFadden, Touhey, Wong, Herfert NOES: None ABSENT: Manners ABSTAIN: Herfert re SCE Touhey re Future America ORAL COMMUNICATIONS James Fonseca James Fonseca, 816 N. Azusa Avenue, complained that the cable company was lacking in providing repairs. Dennis Rose Dennis Rose, 536 W. Heber Street, Glendora, talked to Council regarding the benefits of requesting CalTrans to open Highway 2 to Wright - wood. He summarized the history of the project and a past resolution adopted by the West Covina City Council in support of this. Royal Brown Royal Brown, 2153 Aroma Drive, supported Mr. Rose's attempts to open Highway 2. He also felt that roller hockey was a growing sport and was pleased with Council's actions in pursuing this for West Covina. Dorothy Jennings Dorothy Jennings, 1312 E. Larkwood, commented on noise levels, particularly at Cameron Park. She requested that the City conduct a noise study to determine ambient noise levels at the park. She asked about the rehabilitation work completed at the Youth Center at Cameron Park and voice con- cern about the possibility of renting the center to an outside non-profit group. She also stated that she was embarrassed watching the Council argue among themselves. Bill Tarozzi Bill Tarozzi of California Street Hockey thanked Council for their action taken regarding the hockey rinks. • MAYOR'S REPORTS 1) REVIEW OF NOISE ORDINANCE Mayor Herfert suggested holding over this item until the next meeting. He stated his concerns centered around barking dogs. Council concurred on holding this over. Mayor Herfert asked staff to prepare a report on the cost for an ambient noise study. He explained that the Youth Center was in need of repair and that was the reason for the rehabilitation work. He Council Minutes of June 6, 1995 10 noted that the concept of renting park facilities to outside organizations would be discussed at the next budget study session. 2) RESOLUTION OF COMMENDATION - TIM CONNOR - OUTGOING PRESIDENT OF THE WEST COVINA CHAMBER OF COMMERCE Motion by Touhey and seconded by McFadden to approve the Resolution of Commendation. Motion carried 4-0. COUNCILMEMBERS' REPORTS 1) RESOLUTION OF COMMENDATION - ROBERT EBINER FOR GOOD SCOUT AWARD Motion by Wong and seconded by McFadden to approve the Resolution of Commendation. Motion carried 4-0. McFadden Councilmember McFadden requested the following matters to be agendized for the next meeting: * Emergency steps to keep Legends from folding by providing live entertainment. * Resume studying the Business Improvement Tax. Touhey Mayor Pro Tem Touhey requested the following matter to be agendized for the next meeting: * Report on providing bullet proof vests for Reserve Officers. He also reported on the Filipino Expo and the West Covina High School Seniors Awards Ceremony. ADJOURNMENT Motion by Touhey and seconded by McFadden to adjourn the meeting at 11:18 pm. Motion carried 4-0. Attest: City Clerk Janet eerry • Mayor Steve a ert