08-05-1997 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 5,1997
' The regular meeting of the West Covina City Council was called to order by Mayor Pro Tem Melendez at 7:46
pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by
City Manager Starbird and the Pledge of Allegiance was given by Councilmember Herfert.
ROLL CALL Mayor Pro Tem Melendez, Councilmembers Herfert, Howard, Touhey
Absent: Mayor Wong (excused)
Others Present: Starbird, Wylie, Glover, Miller, Martyn, Samaniego, Collier, Yoshizaki,
Fong, Collins, King, Mayer, Hernandez, Dillon, Tong, McIsaac,
Keating, Lantz, Palkhiwala, Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by Howard to approve the following
minutes of the City Council:
Special meeting of June 10, 1997
Special meeting of July 1, 1997
Special meeting of July 15, 1997
Regular meeting of July 15, 1997
Motion carried 4-0 with Melendez abstaining re the July 15t° meetings,
as he was absent from those.
PRESENTATIONS John Hughes and Bob Borden of the West Covina Elks thanked the
City Council and the Chamber of Commerce for assisting the Elks with
the Fourth of July Chili Cook -Off at Cameron Park. The gentlemen
presented staff members of the Chamber and the City with thank -you
plaques. In turn, the Mayor Pro Tem presented the Elks with a
Certificate of Appreciation.
HEARING LEVYING OF ASSESSMENTS FOR THE 1997 WEED AND
RUBBISH ABATEMENT PROGRAM
1997 Weed/Abatement City Clerk Berry verified the affidavit of posting and Mayor Pro Tem
Melendez asked for a motion to receive and file the affidavit. Motion
by Herfert and seconded by Touhey. Motion carried 4-0.
Mayor Pro Tem Melendez opened the hearing and the staff
report was presented by Fire Chief Greene.
Public Testimony City Clerk Berry stated that no written protests had been received and
Mayor Pro Tem Melendez opened the public testimony portion of the
hearing.
None Mayor Pro Tem Melendez asked for public comment and no
one address the City Council. He then closed the public portion of the
• Testimony closed hearing.
City Clerk presented:
Resolution 9474 - RESOLUTION NO. 9474 - A RESOLUTION OF THE
Levying Assessments CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, CONFIRMING THE REPORT OF THE FIRE CHIEF OF THE
CITY OF WEST COVINA, DATED AUGUST 5, 1997, MADE
PURSUANT TO THE PROVISIONS OF THE GOVERNMENT
CODE, CHAPTER 13, ARTICLE 2, SECTIONS 39574 THROUGH
39576.5 LEVYING THE ASSESSMENTS FOR THE WEED AND
RUBBISH ABATEMENT PROGRAM FOR 1997 FISCAL YEAR
k
Council Minutes of 8/5/97
CI 1
1997 CMP Self -Certification
Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 4-0.
1997 CONGESTION MANAGEMENT PROGRAM (CMP)
CONFORMANCE SELF -CERTIFICATION AND LOCAL
IMPLEMENTATION REPORT (LIR)
City Clerk Berry verified the affidavit of publication. Mayor Pro Tem
Melendez opened the hearing and the staff report was presented by
Planning Director Collier.
Public Testimonv Mayor Pro Tern Melendez opened the public testimony portion of the
hearing and asked for public comments. No one addressed the City
Testimony closed Council and he closed the public testimony portion of the hearing.
City Clerk presented:
Resolution 9475 - RESOLUTION NO. 9475 - A RESOLUTION OF THE
CMP Conformance CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, FINDING THE CITY TO BE IN CONFORMANCE WITH
THE CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT,
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
Motion.by Howard and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 4-0.
CONSENT CALENDAR Written Communications
Staff has received a request from residents of the 1300 block of Loma
Vista Street seeking approval for a block party on August 9, 1997.
(staff recommends approval)
Commissions/Summary of Actions (receive & file)
Human Services
7/8/97
Personnel
4/30/97 & 7/9/97
Planning
7/22/97
Senior Citizens'
7/10/97
Waste Management/EnvironmentalQuality
7/17/97
Claims for Action (deny and notify claimant) _
On January 8, 1997, the City Clerk's Office received a claim for
property damages amounting to $1,870.26 from Carmen & Sam
Baltierra.
On January 9, 1997, the City Clerk's Office received a claim for
personal injuries amounting to $55,045.00 from Eunice Allen.
On March 19, 1997, the City Clerk's Office received a claim for
personal injuries from Andrea M. Flores. The amount of claim had•not
been determined at time of presentation.
On April 2, 1997, the City Clerk's Office received a claim for personal
injuries amounting to $3,000.00 from Maria Eskew.
Acceptance of Improvements/Release of Bonds
PP 97224 - Location: 1720 W. Merced Avenue
E.A. Mendoza Staff recommends accepting parking lot expansion improvements at
Edgewood Middle School Parking Lot and releasing Continental
Casualty Company Bond No. 158555826 in the amount of
$150,260.00, subject to Notice of Completion procedures.
2
Council Minutes of 8/5/97
PP 97227 - Location: 1615 W. Merced Avenue
Big 0 Enterprises, Inc. Staff recommends accepting basketball lighting improvements at
Orangewood School and releasing Intercargo Insurance Company
bond No. LFOI-04970 in the amount of $22,360.00, subject to Notice
of Completion procedures.
' PP 97201 - Location: 2441 E. Cortez Avenue
Whelan Construction Staff recommends accepting Cortez Park storage area and snack bar
improvements and releasing Ranger Insurance Company Bond No.
RICO222298 in the amount of $38,000.00, subject to Notice of Com-
pletion procedures.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held July 15, 1997.
Ordinance for Adoption (waive reading & adopt)
Ordinance 2002 - ORDINANCE NO.2002 - AN ORDINANCE OF THE CITY
Community Services Commission COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
REORGANIZING AND RENAMING THE HUMAN SERVICES
COMMISSION TO THE "COMMUNITY SERVICES COM-
MISSION" BY AMENDING THE WEST COVINA MUNICIPAL
CODE SECTION 2-74, ET SEQ
City Treasurer's Report (receive & file)
Report for the month of May, 1997.
Award of Bids
PP 97205C - Infield Improvements at Orangewood Park
PP 97205C - Recommendation is to accept the bid of Whelan Construction in the
Whelan Construction amount of $31,750.00 as submitted at the bid opening of July 29, 1997,
and authorize the Mayor and City Clerk to execute the agreement.
GP 97313 - Emergency Generator Cooling System Upgrade at City
GP 97313 - Recommendation is to take the following actions:
Whelan Construction a) Transfer $7,000 in General Funds from Energy Savings Project
PG 94310 to GP 97313.
b) Accept the bid of Whelan Construction in the amount of
$34,862.00 and authorize the Mayor and City Clerk to execute an
agreement with same for the work to be done.
Construction of Sidewalk - Astell Avenue from Workman Avenue to
Rowland Avenue
SP 96105 - Recommendation is to take the following actions:
Chino Construction a) Transfer $29,000 from. SP 98101, Gas Tax Fund 126, and
$8,000 from SP 97106, CDBG Fund 131, to SP 96105.
b) Accept the proposal of Chino Construction, Inc., in the amount
. of $78,840.00 and authorize the City Engineer to execute a change
order with Chino Construction, Inc., for the construction of the
sidewalk on Astell Avenue.
Radio Purchase for Police Motorcycles
Motorcycle Radios - Recommendation is to take the following actions:
Motorola a) Find that the use of the County of Los Angeles' contract with
Motorola eliminates the need for a formal bid process.
b) Authorize staff to purchase five (5) UHF Motorola Spectra
motorcycle radios from Motorola at a total cost not to exceed $14,710.
3
Council Minutes of 8/5/97
Replacement of Two Police Motorcycles
Purchase of two Motorcycles - Recommendation is to take the following actions:
Kawasaki a) Find that the City of La Habra's bidding procedures are at
least as rigorous as those used by the City of West Covina and that
their bid #4001 satisfies the formal bid process under WCMC § 2-
333(1)(2), and justifies the waiver of the formal bid process.
b) Authorize staff to proceed with the purchase of two Kawasaki
Police Motorcycles for $15,036.00, plus tax.
Purchase of Vehicle for Mobile Recreation Program
Mobile Recreation Program - Recommendation is to utilize the state bid purchasing method, and
Ford Cube Van authorize the purchase of a 1996 Ford E-350 Cube Van from Villa
Ford in Orange for $23,673.20.
Miscellaneous - Finance
Surplus Property
Recommendation is to adopt the following resolution:
Resolution 9476 - RESOLUTION NO. 9476 - A RESOLUTION OF THE
Surplus Property CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS
Miscellaneous - Environmental Services
U.S. Environmental Protection Agency quarterly Report for the BKK
Landfill - April to June 1997
Recommendation is to receive and file the quarterly report.
CONSENT CALENDAR MOTION Motion by Howard and seconded by Touhey to waive further reading
of the resolution and ordinance, and adopt, and to approve all other
items fisted on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey
NOES: None
ABSENT: Wong
PUBLIC WORKS WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO 1. - SETTING OF 1997/98 ASSESSMENT RATE
MD #1 - Mayor Pro Tern Melendez stated that due to conflict of interest laws,
Setting assessment rates he would abstain from the discussion and vote on this item. He turned
the meeting over to Councilmember Herfert. .
The staff report was presented by City Engineer Glover.
City Clerk presented:
Resolution 9477 - RESOLUTION NO. 9477 - A RESOLUTION OF THE
MD 41 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, SETTING THE AMOUNT OF MONEY NECESSARY TO
BE RAISED FOR WEST COVINA LANDSCAPE MAINTE-
NANCE DISTRICT NO. 1 AND FDOTIG THE TAX RATE FOR
SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 1997
Motion by Howard and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 3-0-1 with
Melendez abstaining (conflict of interest).
Councihnember Herfert returned the gavel to Mayor Pro Tern
Melendez.
4
Council Minutes of 8/5/97
•
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES 1) LOS ANGELES COUNTY COUNTYWIDE INTE-
GRATED WASTE MANAGEMENT SUMMARY PLAN
AND SITING ELEMENT
Countywide Summary Plan & Environmental Services Director Miller presented the staff
Siting Element report.
Motion by Touhey and seconded by Howard to refer
the Plan and Element to the Waste Management and
Environmental Quality Commission for a report back to the
City Council on September 2, 1997. Motion carried 4-0.,
2) APPROVAL OF PLANS AND SPECIFICATIONS -
MP 98509 - COMPRESSED NATURAL GAS FUELING
FACILITY AT CITY YARD
MP 98509 - Environmental Services Director Miller presented the staff
CNG Facility at City Yard report.
Motion by Howard and seconded by Touhey to take
the following actions:
a) Approve the plans and specifications for. MP 98509,
Compressed Natural Gas Fueling Facility at City Yard and
authorize the Environmental Services Director to call for bids
according to the project milestone schedule.
b) Authorize the Environmental Services Director to
submit and execute an application for the Local Government
Subvention Fund Match Program sponsored by the South
Coast Air Quality Management District Mobile Source Air
Pollution Reduction Review Committee to partially fund the
purchase of the four natural gas vehicles and development and
construction of a CNG fueling facility.
Motion carried 4-0.
REDEVELOPMENT AGENCY Mayor Pro Tent Melendez recessed the City Council meeting at 8:32
pm to convene the Redevelopment Agency. The City Council .
reconvened at 9:04 pm with all members present, except Mayor Wong.
COMMUNITY SERVICES
PUBLIC SAFETY
ADMINISTRATIVE SERVICES
No reports for this meeting.
No reports for this meeting.
No reports for this meeting.
Recess Mayor Pro Tem Melendez recessed the City Council meting at 9:04
pm. The City Council reconvened at 9:20 pm with all members
present, except Mayor Wong.
Mayor Pro Tern Melendez noted he had inadvertently skipped a person
who submitted a Speaker's Card for a Consent Calendar item. He then
asked the gentleman to approach the podium.
Randy Moyer Randy Moyer, 1852 Summerplace Drive, addressed Item C-5b (Traffic
Valinda/Somerplace intersection Committee Item denying a request for a 4-way stop at the intersection
of Valinda and Summerplace Drive). He related the concerns of the
neighborhood and submitted a petition with 90 signatures.
F
Council Minutes of 815/97
Motion by Herfert and seconded by Touhey to reconsider the
matter. Motion carried 4-0. City Engineer Glover responded to
Council questions and comments, noting that half of the intersection is
County.
Motion by Herfert and seconded by Touhey to keep the issue
open until staff can obtain additional information from the County and
report back to Council. Motion carried 4-0.
CITY MANAGER 1) REPLACEMENT SPECIAL TAX FOR PARK
MAINTENANCE
Park Maintenance Ballot Measure Assistant City Manager Wylie elaborated on the staff report,
noting that the outcome would not effect the current fiscal
year. If Council was desirous of placing this issue before the
voters on the November 0 ballot, tonight would be the time to
adopt the appropriate resolutions. The following issues would
need to be resolved first: a) Which services to be included, b)
should the measure also include a component for capital
improvements, and c) should an inflationary factor be included.
Councilmember Herfert felt this issue to be very impor-
tant and would rather not see it rushed through this evening.
Councilmember Howard agreed on the importance of
the issue, but felt the matter should be placed before the voters
in November for a variety of reasons. The issue is still fresh in
the minds of the citizens, having just voted, on the related
protest ballot portion and would not require a re -introduction
to the situation. She discussed the advantages of reaching the
high propensity voters in November and that the longer the
City waits to present it to the citizens, the longer the citizens
will believe the City can do without.
Councilmember Touhey preferred to wait on the issue.
Mayor Pro Tern Melendez preferred to wait as well,
feeling that April would be more appropriate. He also stated
that the measure should include all the "stranded" services, a
capital improvement component and a CPI cap. He suggested
holding a study session in the near future.
Motion Motion by Herfert and seconded by Melendez to direct
staff to bring back the material in time to make a decision for
an April election and/or another special election date. Motion
carried 3-1 with Howard voting no.
2) FRANCHISE AGREEMENT WITH METRICOM. INC.
Metricom, Inc. Assistant City Manager Wylie elaborated on the staff report.
He introduced Joe Milone from Metricom, Inc., who
responded to Council questions and comments. Mayor Pro
Tem Melendez suggested that the proposed franchise
agreement be improved with a substantially larger franchise fee
component. Councilmember Howard supported the original
proposal and made a motion to approve the franchise
agreement. Motion died for lack of a second. Further
discussion ensued. Motion by Herfert and seconded by
• Touhey to hold over the matter until the next regular Council
meeting. Motion carried 3-1 with Howard voting no.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve Demands
totaling $2,776,724.99 as fisted on check registers FI 171306 through
171715. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey
NOES: None
ABSENT: Wong
6
Council Minutes of 8/5/97
ORAL COMMUNICATIONS
Royal Brown Royal Brown, 2153 Aroma Drive, stated that the Independent ran a
very good article on local control and the current fire service situation.
Frank Garcia Frank Garcia of Yellow Cab, Pomona, requested Council to consider
accepting permits issued in Pomona for the Yellow Cab drivers as
being acceptable for business in West Covina.
Council concurred in referring this matter to the Police Depart-
ment for further review.
Iris Delameter Iris Delameter, 1212 W. Eckerman, expressed concern about the lack
of information and facts in the community regarding the firefighters'
initiative. If the initiative ballot measure is successful, the City would
be locked into a contract with the County for ten years. The City's
waste hauler is given stricter scrutiny than this issue has been given and
this has much farther reaching consequences for the City.
Ed Connolly Ed Connolly, former Planning Commissioner, responded to comments
made by Mayor Pro Tern Melendez a couple of meetings ago in
relation to filling positions on the Planning Commission.
MAYOR'S REPORTS APPOINTMENT OF CITY COMMISSIONERS
Council reviewed the staff report.
Motion by Herfert and seconded by Howard to hold over the
appointments until the next Council meeting. Motion carried 4-0.
COUNCILMEMBERS' REPORTS
DISCUSSION OF CONAIISSION ATTENDANCE
Council reviewed the staff report and additional comments were added
by Councilmember Touhey. He asked Council to consider alternate
commissioner positions, an attendance policy, and the possibility of
creating a new Cultural Arts Commission for special events. Council
discussed these briefly and directed staff to report back with
alternatives.
ADJOURNMENT Motion by Touhey and seconded by Howard to adjourn the meeting at
11:00 pm. Motion carried 4-0.
Mayor njamin Wong
Attest:
City Clerk Janet Berry
VA