07-01-1997 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 1,1997
The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:47 pm in the
City Hall Council Chamber, 1444 W. Garvey Avenue, West Covina. The invocation was given by City
Manager Starbird and the Pledge of Allegiance was led by Councilmember Herfert.
ROLL CALL Mayor Wong, Mayor Pro Tern Melendez, Councilmembers Herfert,
Howard, Touhey
Others Present: Starbird, Martyn, Miller, Glover, Samaniego, Collins, King, Harden,
Greene, Rossman, Hernandez, Collier, McIsaac, Palkhiwala,
Yoshizaki, Distelrath, Tucker, Berry
APPROVAL OF THE MINUTES Mayor Wong made a correction to the regular meeting minutes of May
20, 1997 on Page 5. Motion by Touhey and seconded by Howard to
approve the following sets of minutes:
Regular meeting of May 20, 1997 as corrected
Special meeting of June 10, 1997
Special meeting of June 17, 1997
Special meeting of June 23, 1997
Special meeting of June 23, 1997 Motion carved 5-0.
ANNOUNCEMENTS Bill Vann and John Hughes of the West Covina Elks Lodge joined
John Fields and Sonnie Faires of the West Covina Chamber of
Commerce to announce the festivities scheduled for the Fourth of July
celebration at Cameron Park in the afternoon and West Covina High
School in the evening.
Mayor Wong announced a new City Council meeting format.
Comments will be taken from the audience when the item is being
considered by the Council. The citizens were urged to use a Speaker's
Card and submit it to the City Clerk. Citizens desiring to speak on a
non -agenda item would speak under Oral Communications towards the
end of the agenda.
HEARING FIRST SUPPLEMENTAL WEED AND RUBBISH ABATE-
MENT LIST - PROTEST HEARING
V Supplemental Weed Abatement City Clerk Berry verified the affidavit of mailing. The hearing was
opened by Mayor Wong and the staff report was presented by Fire
Chief Greene.
Public Testimonv Mayor Wong opened the public testimony portion of the hearing and
City Clerk Berry stated that no written protests had been received. The
Mayor asked for verbal comments or protests and no one addressed
Testimony closed the City Council. He then closed the public testimony portion of the
hearing.
Motion by Herfert and seconded by Howard to authorize the Fire Chief
to order the abatement of weeds and removal of rubbish on those
properties described in Resolution of Intention No. 9459. Motion
carried 5-0.
Councilmember Herfert requested a copy of the supplemental
Est.
Council Minutes of 7/1/97
HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO.4 - PUBLIC HEARING
WC MD #4 City Clerk Berry verified the affidavit of publication. Mayor Wong
opened the hearing and the staff report was presented by City Engineer
Glover. Mr. Glover stated that the proposed assessment rate was
unchanged from last year.
Public Testimonv Mayor Wong opened the public testimony portion of the hearing and
City Clerk Berry stated that no written comments or protests had been
received. Reading from the Speaker's Card, Mayor Wong asked John
Davidson to approach the podium and give his comments.
John Davidson John Davidson, 1401 Camper Drive, reported that the con-
tractor hasn't been doing his job on Amar Road. He also suggested
that water is being wasted on drought resistant plants.
Mr. Glover responded that Mr. Davidson is correct. The con-
tractor went bankrupt and the City had to hire another and during that
time span, the plants were neglected.
Testimony c� There being no others wishing to address Council, Mayor Wong closed
the public testimony portion of the hearing.
City Clerk presented:
Resolution 9463 RESOLUTION NO. 9463 - A RESOLUTION OF THE
MD #4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, 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 FISCAL YEAR BEGINNING JULY 1,
1997 (West Covina Landscape Maintenance District No. 4)
Motion by Howard and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carried 5-0.
HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 6 - PUBLIC HEARING
MD #6 City Clerk Berry verified the affidavit of publication. Mayor Wong
opened the hearing and the staff report was presented by City Engineer
Glover. Mr. Glover stated that the proposed assessment rates are the
same as the current year rates.
Public Testimonv Mayor Wong opened the public testimony portion of the hearing and
City Clerk Berry stated that no written comments had been received.
Mayor Wong asked if there was anyone in the audience desiring to
speak to the Council on this matter. No one addressed the Council and
Testimony, c� Mayor Wong closed the public testimony portion of the hearing.
City Clerk presented
Resolution 9464 - RESOLUTION NO. 9464 - A RESOLUTION OF THE
MD #6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, 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 FISCAL YEAR BEGINNING JULY 1,
1997 (West Covina Landscape Maintenance District No. 6)
Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carved 5-0.
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Council Minutes of 7/1/97
HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO.7 - PUBLIC HEARING
Mayor Wong stated that due to conflict of interest laws, he would have
to abstain from the discussion and the vote on this matter. He then
turned the gavel over to Mayor Pro Tern to conduct the hearing.
MD #7 City Clerk Berry verified the affidavit of publication and Mayor Pro
Tern Melendez opened the hearing. The staff report was presented by
City Engineer Glover, who stated that the proposed assessment rates
are the same rates as the current year.
Public Testimonv Mayor Pro Tern Melendez opened the public testimony portion of the
hearing and City Clerk Berry stated that no written comments or pro-
tests had been received. Mayor Pro Tern Melendez asked for public
comment and no one addressed the City Council. He then closed the
Testimony closed testimony portion of the hearing.
Councilmember Herfert asked for a clarification on the landscaping
being done by Edgewood Development. Mr. Glover responded.
City Clerk presented:
Resolution 9465 - RESOLUTION NO. 9465 - A RESOLUTION OF THE
MD #7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, 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 FISCAL YEAR BEGINNING JULY 1,
1997 (West Covina Landscape Maintenance District No. 7)
Motion by Howard and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carried 4-0-1 with Wong
abstaining (conflict of interest). Mayor Pro Tern Melendez returned
the gavel to Mayor Wong.
HEARING WEST COVINA CITY SEWER SERVICE CHARGE -
METHOD OF COLLECTION - PUBLIC HEARING
Sewer Service Charge City Clerk Berry verified the affidavit of publication. Mayor Wong
opened the hearing and the staff report was presented by City Engineer
Glover. Mr. Glover stated that the proposed rate is $21.95 per unit
and is the same rate as last year.
Public Testimonv Mayor Wong opened the public testimony portion of the hearing and
City Clerk Berry stated that no written comments or protests had been
received. Mayor Wong asked for verbal comments from the audience
and no one addressed the City Council. He then closed the public testi-
Testimony closed mony portion of the hearing.
City Clerk presented
Resolution 9466 - RESOLUTION NO. 9466 - A RESOLUTION OF THE
' Sewer Service Charge CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, AUTHORIZING THE COLLECTION OF THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX
BILL
Motion by Herfert and seconded by Melendez to waive further
reading of the resolution and adopt. Motion carried 5-0.
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Council Minutes of 7/1/97
•
CONSENT CALENDAR Written Communications (none received)
Commissions/Summaries of Action (receive & file)
Human Services
6/10/97
Personnel
6/11/97
Planning
6/24/97
Senior Citizens'
6/12/97
Waste Mngt/Environmental Quality
6/19/97
Claims For Action (deny & notify claimant)
On December 3; 1996, the City Clerk's Office received a claim from
Michael Oschin for property damages. The amount of claim had not
been determined at time of presentation.
On April 8, 1997, the City Clerk's Office received a claim from Lisette
Buckley for.personal injuries. The amount of claim had not been
determined at time of presentation.
On April 23, 1997, the City Clerk's Office received a claim from James
Schwedler for property damage amounting to $1,175.00.
On April 18, 1997, the City Clerk's Office received a claim from Irwin
R. Tchon, RPH for personal injuries. The amount of claim had not
been determined at time of presentation.
Temporary Use Permits (receive & file)
TUP 92401-97 was issued to South Coast Helicopters for an air
conditioner helicopter lift at 2753 Eastland Center (Loehmans).
TUP #2403-97 was issued to West Covina Nissan, 1840 E. Garvey,
for a car sale on June 7, 1997.
Acceptance of Improvements/Release of Bonds
PP 97220 - Location: 3510 E. Cameron Avenue
Green Giant Landscape, Inc. Recommendation is to accept landscape and irrigation improvements
and release American Motorists Insurance Bond No. 35M88995200 in
the amount of $51,195.00, subject to Notice of Completion
procedures.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held June 17, 1997.
Miscellaneous - Finance Department:
Appropriations Limit for FY 97/98
Recommendation is to adopt the following resolution:
Resolution 9467 - RESOLUTION NO. 9467 - A RESOLUTION OF THE
Appropriations Limit CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 1997/98
Miscellaneous - Planning Department:
Consultant Services Contract for Initial Study and EIR Scoping - BKK
Landfill Final Closure and Post Closure Maintenance Plan and Land
Use Entitlements
Recommendation is to authorize the City Manager to execute a
contract for professional services with SCS Engineers.
Council Minutes of 7/l/97
Miscellaneous - Police Department:
Amendment to Curfew Ordinance
Recommendation is to adopt the following urgency ordinance and
introduce the second ordinance:
Ordinance 2000 - ORDINANCE NO. 2000 - AN ORDINANCE OF THE CITY
Urgency re curfew COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 15-8 AND SECTION 15-18 OF THE
WEST COVINA MUNICIPAL CODE REGARDING CURFEWS
FOR JUVENILES AND DECLARING THE URGENCY THEREOF
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
curfew WEST COVINA, CALIFORNIA., AMENDING SECTION 15-8
AND SECTION 15-18 OF THE WEST COVINA MUNICIPAL
CODE REGARDING CURFEWS FOR JUVENILES
Purchase of Urban Police Rifles
Urban Police Rifles purchase Recommendation is to take the following actions:
* Purchase 40 Colt AR-15 Urban Police Rifles, Model 6520,
from Botach Tactical, Inc. in Los Angeles for a cost not to exceed
$25,000.
* Accessories for the urban rifle program including mounts,
installation, carry case, and construction of an armory would be
purchased under City purchasing process not to exceed $20,250.
* Purchase of .223 caliber ammunition under the City bid
procedure, not to exceed $12,000.
* Training costs to include overtime, instructor training and
range rental not to exceed $42,200.
Supplemental Law Enforcement Services Fund
C.O.P.S. Program Recommendation is to appropriate Supplemental law Enforcement
Services Fund monies in FY 97/98 as follows:
* $225,990 for equipment out of Account #155-304-2111-7160;
and
* $11,140 for Personnel Services out of Account #155-304-
2440-53XY..
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further reading of
the resolutions and adopt, and to approve all other items except: B-7b
and B-7c. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
B-7b Councilmember Herfert stated that due to conflict of interest laws, he
would abstain from the discussion and vote on this item.
Motion by Touhey and seconded by Howard to authorize the
City Manager to execute a contract for professional services with SCS
Engineering, as recommended by staff. Motion carried 4-0-1 with
Herfert abstaining.
B-7c City Attorney Martyn introduced Mark Malavos, a third year law stu-
dent working at the law firm of Rutan & Tucker. Mr. Malavos
' researched and prepared the curfew ordinance and presented the staff
report.
City Clerk Berry presented Ordinance No. 2000 - the urgency
ordinance. Motion by Touhey and seconded by Herfert to waive
further reading of the ordinance and adopt. Motion carried 5-0.
City Clerk Berry presented the second ordinance regarding
curfews for juveniles. Motion by Touhey and seconded by Herfert to
waive further reading and introduce. Motion carried 5-0.
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Council Minutes of 7/l/97
•
PUBLIC WORKS
Citywide MD protest ballots
CASTING CITYWIDE LIGHTING & MAINTENANCE DIS-
TRICT BALLOT FOR THE CITY OF WEST COVINA AND
THE REDEVELOPMENT AGENCY
City Engineer Glover presented the staff report.
Councilmember Touhey noted that he was opposed to this
process, but was not opposed to the district. He felt the City was
doing all it could to keep costs down in this maintenance district and
voted yes on his own ballots.
Motion by Herfert and seconded by Melendez to a) authorize
the City Manager to cast the ballots for the City of West Covina, and
b) direct the City Manager to cast the ballots in support of the
proposed assessment. Motion carried 5-0.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES WEST COVINA DISPOSAL COLLECTION RATE
ADJUSTMENT REQUEST
Environmental Services Director Miller presented the staff report.
Consulting Firm re Rates Council discussed the purpose, cost, and turn around time for a con-
sultant to conduct an in-depth analysis of the rates. Councilmember
Howard was not favorably disposed to spending $18,000 for this. She
felt that if the City cannot trust the figures being supplied by the
contractor, perhaps the City should get another contractor.
Motion by Herfert and seconded by Touhey to approve the
selection of Barakat & Chamberlin in an amount not -to -exceed
$18,000 and authorize the Environmental Services Director to execute
the contract. Motion carried 4-1 with Howard voting no.
PLANNING DEPARTMENT ADULT NEWSRACK ORDINANCE
Adult Newsrack Ordinance Principal Planner McIsaac presented the staff report.
Motion by Howard and seconded by Touhey to receive and file
the staff report which indicates that the Police Department will begin
enforcement of the provisions of Section 313.1 of the Penal Code.
Motion carried 5-0. Councilmember Herfert thanked Councilmember
Touhey for bringing this matter to the Council's attention.
Recess Mayor Wong recessed the City Council at 9:17 pm. The City Council
reconvened at 9:28 pm with all members present.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 9:28 pm to convene
the Redevelopment Agency. The City Council reconvened at 9:32 pm
with all members present.
COMMUNITY SERVICES PARK RESERVATION SYSTEM
Park Reservation System Community Services Director Collins presented the staff report.
Council suggested that three months advanced reservation may not be
sufficient and staff may want to look at six months. Council was
supportive of the proposal and requested staff to monitor it
effectiveness and report back at a later date.
Royal Brown Royal Brown, 2153 Aroma Drive, asked about the impact of
this on the users of Galster Park. Council directed staff to review the
deed and covenants of Galster Park.
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Council Minutes of 7/l/97
City Clerk Berry presented:
Resolution 9468 - RESOLUTION NO. 9468 - A RESOLUTION OF THE
Park Reservation fees CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, APPROVING THE COLLECTION OF PARK RESERVA-
TION FEES BY THE COMMUNITY SERVICES DEPARTMENT
Motion by Howard and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 5-0.
POLICE DEPARTMENT 1) CONTRACT FOR SERVICES WITH CITRUS VALLEY
MEDICAL CENTER - QUEEN OF THE VALLEY
CAMPUS
QVH billing The staff report was presented by Chief Distelrath and
Accounting Manager Tucker.
Motion by Howard and seconded by Melendez to take
the following actions:
* Accept $30,000 (in total), as payment in full, for settle-
ment of all charges for hospital and physician services provided
prior to January 1, 1997;
* Accept a per capita fee of $250 per emergency room
visit ($150 for QVH and $100 for Emergency Room
Physicians) for all emergency room services beginning January
1, 1997; and
* Accept 60% discount on all hospital services for
admitted patients beginning January 1, 1997; and
* Authorize the Finance Director to execute the MOU
with Citrus Valley Medical Center establishing the above terms
and agreements, and the Police Chief to fund payment of the
settlement from savings achieved during the 96/97 budget year.
Motion carried 5-0.
2) PURCHASE OF COMPUTERS FOR NEW TRAINING
PROGRAM
Lt. Rossman presented the staff report and responded to
Council questions and comments.
Computers for P.D. training program Motion by Touhey and seconded by Herfert to approve
the purchase of eleven Dell PC computers (10 student and
linstructor) out of the Computer Enterprise account, not to
exceed $35,222 and approve the computer training program.
Motion carried 5-0.
ADMINISTRATIVE SERVICES No reports for this meeting,
GENERAL ADMINISTRATION No reports for this meeting,
APPROVAL OF DEMANDS FY 96/97
Motion by Melendez and seconded by Herfert to approve demands
totaling $1,683,073.79 as listed on check registers FI 170735 through
171060. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSTAIN: Touhey re West Covina Food Bank
FY 97/98
Motion by Melendez and seconded by Herfert to approve demands
totaling $26,782.67-as listed on check registers FI 170748 through
170762. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
Council Minutes of 7/1/97
ORAL COMMUNICATIONS Louie Hernandez, 1320 Loma Vista, voiced his displeasure with the
City Council's discussion at the last meeting to install a sidewalk on the
east side of Astell Avenue.
Mayor. Wong explained the Council's reasoning behind the
decision and City Engineer Glover clarified the drainage procedures
planned.
MAYOR'S REPORTS APPOINTMENT OF CITY COMMISSIONERS
Planning Commission Council reviewed the staff report. Mayor Wong reported that he and
Mayor Pro Tem Melendez sat as the subcommittee to interview the
eight candidates (two interested in reappointment) for the Planning
Commission. The subcommittee did not reach agreement on recom-
mendations for the positions and after a discussion on whether to
proceed or hold over, the majority of Council wished to proceed. The .
actions, sans comments, are as follows:
Nominations
Ed Connolly was nominated by Mayor Wong.
Motion by Wong and seconded by Howard to reappoint Ed
Connolly to the Planning Commission. Motion failed 2-3 with Herfert,
Melendez, and Touhey voting no.
Phil Clayton was nominated by Mayor Pro Tem Melendez.
Motion by Melendez and seconded by Herfert to appoint Phil
Clayton to fill the unexpired term (caused by the election of Melendez
to Council) due to expire June, 2000. Motion carried 3-2 with Howard
and Wong voting no.
Dane Johnson was nominated by Mayor Wong.
Motion by Wong and seconded by Howard to approve Dane
Johnson to the Planning Commission. Motion failed 2-3 with Herfert,
Melendez, and Touhey voting no.
Steve Reiner was nominated by Mayor Pro Tem Melendez.
Motion by Melendez and seconded by Wong to reappoint
Steve Reiner to the Planning Commission. Motion carried 5-0.
Bill Tarozzi was nominated by Mayor pro Tem Melendez.
Mayor Wong stated that he would abstain from voting on this
nomination, as the three people he was interested in have already been
voted upon.
Motion by Melendez and seconded by Touhey to appoint Bill
Tarozzi to the Planning Commission. Motion carried 3-1-1 with
Howard voting no and Wong abstaining.
City Clerk Berry presented:
Resolution 9469 - RESOLUTION NO. 9469 - A RESOLUTION OF THE
Phil Clayton CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, APPOINTING PHIL CLAYTON TO THE PLANNING
COMMISSION TO FILL AN UNEXPIRED TERM OF OFFICE
' Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 3-2 with Howard
and Wong voting no.
Resolution 9470 - RESOLUTION NO. 9470 - A RESOLUTION OF THE
Steve Reiner CITY COUNCIL OF. THE CITY OF WEST COVINA, CALIFOR-
NIA, REAPPOINTING STEVE REINER TO THE PLANNING
COMMISSION
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Council Minutes of 7/1/97
Motion by Wong and seconded by Touhey to waive further
reading of the resolution and to adopt. Motion carried 5-0.
Resolution 9471 - RESOLUTION NO. 9471 - A RESOLUTION OF THE
William Tarozzi CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, APPOINTING WILLIAM TAROZZI TO THE PLANNING
COMMISSION
Motion by Touhey and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carried 3-1-1 with
Howard voting no and Wong abstaining.
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ALTERNATIVE FOR PEDESTRIAN TRAFFIC IN THE
CENTRAL BUSINESS DISTRICT
Councilmember Herfert introduced his thoughts on this matter and
requested staff to report back with traffic alternatives to connect The
Lakes with The Plaza.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at
11:25 pm. Motion carried 5-0.
ATTEST:
r h
City Clerk :Tart Berry
A*►►uN ! ANr
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