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10-21-1997 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL OCTOBER 21, 1997 The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:35 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue. The invocation was given by City Manager Starbird and the Pledge of Allegiance was led by Councilmember Herfert. ROLL CALL Mayor Wong, Mayor Pro Tem Melendez, Councilmembers Herfert, Howard, Touhey Others Present: Starbird, Tucker, Collins, Bonaparte, Pullin, Yoshizaki, Janis, Distelrath, Koniarsky, Miller, Glover, Marten, Tong, Mayer, King, Collier, Banks, McIsaac, Paul, Gardner, Berry APPROVAL OF MINUTES Mayor Wong corrected the name of Dan Edson to Don Edson on Page 1 of the regular meeting minutes of September 16, 1997. Motion by Touhey and seconded by Herfert to approve the minutes of the special meeting of September 16, 1997, the regular meeting of September 16, 1997, as corrected, and the special meeting of October 7, 1997. Motion carried 5-0. Motion by Howard and seconded by Touhey to approve the minutes of the special meeting of September 23, 1997. Motion carried 4- 0-1 with Wong abstaining (absent from meeting). PROCLAMATION Mayor Wong proclaimed October 23-31, 1997, as RED RIBBON WEEK and presented the proclamation to Police Chief Distelrath and Lieutenant Schmanski. HEARING ZONE CHANGE NO. 656 — NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Applicant: Citrus Valley Medical Center Location: 1115 S. Sunset Avenue Zone Change 656 - The request before the City Council is to approve a zone change to amend Queen of the Valley Hos. the Specific Plan for the master development of the Citrus Valley Medical Center — Queen of the Valley Campus for the construction of a new 94, 10 1 -square foot maternal and child health center. City Clerk Berry verified the affidavit of publication and mailing. Mayor Wong opened the hearing and the staff report was presented by Principal Planner McIsaac. . Public Testimony Mayor Wong opened the public testimony portion of the hearing and None asked for comments either in favor of or in opposition to the zone change. Testimony Closed No one addressed the Council and this portion of the hearing was closed. Councilmember Herfert spoke favorably of the project and looked forward to its completion. Council Minutes of 10/21/97 City Clerk presented: Resolution 9508 - RESOLUTION NO. 9508 — A RESOLUTION OF THE CITY Certifying Neg. Dec. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTI- FYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 656 AND SPECIFIC PLAN NO. 1/DEVELOPMENT PLAN NO. 5 'PURSUANT TO THE CALIFORNIA • ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion by Touhey and seconded by Howard to waive further reading of the resolution and adopt. Motion carried 5-0. City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 656 Motion by Howard and seconded by Touhey to waive further reading of the ordinance and introduce. Motion carried 5-0. HEARING RECORD OF COST OF ABATEMENT HEARING Location: 1027 South Montezuma Way The City Council declared the above named property a public nuisance on September 2, 1997, and this hearing is to confirm the cost reports for the abatement actions. City Clerk Berry verified the affidavit of posting. Mayor Wong opened the hearing and the staff report was presented by Planning Director Collier. Public Testimonv Mayor Wong opened the public testimony portion of the hearing and None asked for comments. No one in the audience addressed the City Council Testimony Closed and the public testimony portion of the hearing was closed. City Clerk presented: Resolution 9509 - RESOLUTION NO. 9509 — A RESOLUTION OF THE CITY Confirming the cost COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CON- FIRMING THE 'COST REPORT TO ABATE THE DECLARED PUBLIC NUISANCE LOCATED AT 1027 SOUTH MONTEZUMA WAY Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. Mayor Wong allowed the following speakers to address Council on non- agendized matters: Mary Johnson Mary Johnson, 2411 N. Cameron Avenue, Covina, spoke as a member of the League of Women Voters. She requested that Council take action to oppose the expansion of Raging Waters at the Bonelli Regional County Park. . Natalie Tschigdel Natalie Tschigdel, 559 Rancho Alegre, Covina, spoke as a member of the Coalition to Preserve Bonelli Park. She added to the comments offered by Ms. Johnson with findings of the coalition as well. She invited citizens to attend a public hearing scheduled before the Los Angeles County Board of Supervisors at 9:30 am on October 28, 1997. Mayor Pro Tem Melendez concurred with the two speakers and noted his opposition to giving parks away to private enterprise. 2 Council Minutes of 10/21/97 • Kay Ragan Kay Ragan, 2854 Lark Hill, spoke as a member of the campaign committee supporting Measure W on the November 41h ballot. Ms. Ragan explained the Measure and its benefits to Mt. San Antonio Community College. Her handout was distributed to the City Council. CONSENT CALENDAR Written Communications (none received) Commissions/Summary of Actions ` (receive & file) Personnel 9/10/97 and 10/8/97 Planning 9/30/97 and 10/14/97 Claims for Action (deny & notify claimant) On June 12, 1997, the City Clerk's Office received an application for leave to present a late claim for personal injuries from Clarice M. DeAmicis. The amount of claim had not been determined at time of presentation. On September 2, 1997, the City Clerk's Office received an application for leave to present a late claim for personal injuries from Paul Ahumade. The amount of claim had not been determined at time of presentation. Temporary Use Permits (receive & file) TUP #2415-97 was issued to Mike's Trees (Mike Steele) at 744 S. Glendora Avenue for the sale of pumpkins from 10/1/97 through 10/31/97 and the sale of Christmas trees from 12/1/97 through 12/24/97. TUP #2416-97 was issued to Queen of the Valley Medical Center at 1115 S. Sunset Avenue for the celebration of their 251h anniversary on 10/4/97. TUP #2417-97 was issued to Choice X-Mas Trees at 512 S. Valinda on 10/15/97 to 10/31/97 for the sale of pumpkins and 12/3/97 to 12/24/97 for the sale of Christmas trees. TUP #2418-97 was issued to ESGV Japanese Community Center at 12203 W. Puente Avenue on 10/4/97 for a cultural fair. Acceptance of Improvements/Release of Bonds PP 97205C - PP 97205C — Infield Improvements at Orangewood Park. Whelan Construction Recommendation is to accept infield improvements and release Ranger Company Bond No. RICO227.300 in the amount of $31,750.00, subject to Notice of Completion procedures. Award of Bid SP 97103 and SP 97107 — Sunset and Lark Ellen Avenues — Street Rehabilitation SP 97108 & SP 97107 - Recommendation is to a) accept the bid of Mobassaly Engineering, Mobassaly Engineering Inc., La Verne, in the amount of $748,596.20 as submitted at the bid opening of September 30, 1997, and authorize the Mayor and City Clerk to execute a contract; and b) approve professional soils and material testing services contract with Marvin -LaBelle Engineering in an amount not to exceed $19,150. Miscellaneous — Public Works CIP and Building Activity Report — Third Quarter 1997 Recommendation is to receive and file the activity report. Lobbyist Services in Connection with AB 1128 Recommendation is to authorize payments totaling $20,000 to Lang, Hansen, O'Malley, and Miller. 3 Council Minutes of 10/21/97 Miscellaneous — Finance Back -fill of Accounting Manager Position recommendation is to authorize the Acting Finance Director to obtain the services of a full charge bookkeeper through Account Temps, to backfill the Accounting Manager position while recruiting for full-time permanent • positions are in progress. Miscellaneous — Community Services Trios and Tours ADDCODriation Recommendation is to appropriate monies to the Trips and Tours program as follows: a) Expenditures in the amount of $15,000 under Account No. 111-304-2389-6120; and b) Revenues in the amount of $20,000 under Account No. 111-310-0000-4689. Miscellaneous — Environmental Services BKK Landfill Closure Plans Status Report Recommendation is to receive and file the status report. CONSENT CALENDAR MOTION Motion by Touhey and seconded by Herfert to approve all items listed, except,item C-7e (BKK Closure status report). Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None Item C-7e Councilmember Herfert asked about the landscaping status on the slopes and staff responded. Motion by Howard and seconded by Touhey to receive and file the staff report. Motion carried 5-0. PUBLIC WORKS BUS SHELTER ADVERTISING Public Works Director. Glover presented the staff report, complete with slides of bus shelter advertising sign designs. Mr. Eller of Eller Media Company responded to questions. Bus Shelter Advertising Councilmember Herfert asked if there were other design standards available, as he felt there might be something more aesthetically pleasing than those presented this evening. Mr. Glover responded in the affirma- tive, noting that the cost/revenue ratio may change. Mayor Pro Tern Melendez suggested the City be mindful of the content of the advertisements displayed. Mayor Wong was not supportive at this time of bus shelters advertising, based on comments he received from a number of citizens who felt that such advertising would detract from the overall appearance of the City. Councilmember Touhey reminded the Council that the concept of bus shelter advertising was proposed to help boost the Code Enforcement Program without impacting the General Fund. Motion by Herfert and seconded by Touhey to approve in concept . bus shelter advertising and direct staff to report back on the issue of design standards. Motion carried 4-0-1 with Wong abstaining. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. Council Minutes of 10/21/97 ENVIRONMENTAL SERVICES 1) REMOVAL OF SIGNS IN THE PUBLIC RIGHT OF WAY Environmental Services Director Miller elaborated on the staff report. Council directed staff to be sure to include a method for periodical review of the services provided by Delhaven. Removal of signs - Motion by Touhey and seconded by Herfert to a) appro- Delhaven priate $5,200.00 from the Citywide Landscape Maintenance Dis- trict to fund the removal of signs from the public right of way as proposed by Delhaven; and b) approve the Delhaven proposal and authorize the Public Work_ s Director to execute a contract. Motion carried 5-0. 2) WEST COVINA DISPOSAL RATE INCREASE Environmental Services Director Miller reviewed the analysis of the third container rates. Council discussion followed. W.C. Disposal Rates Councilmember Touhey addressed the franchise fee, stating his preference for freezing it. Councilmember Howard agreed philosophically; however, with the state taking monies from the City, it would be hard to say that the franchise fee would not be increased. She was comfortable with the additional $1.00 on the container, but could not support the freeze. Mayor Pro Tem Melendez agreed with the additional $1.00 per barrel and the freeze on the franchise fee. Motion by Herfert and seconded by Howard to increase the rate on the third container by $1.00 to $3.99 per month. Motion carried 5-0. Motion by Touhey and seconded by Melendez to freeze the franchise fee on this year's increase. Motion carried 3-2 with Howard and Wong voting no. Motion by Herfert and seconded by Howard to approve the following staff recommendations: a) Adopt and authorize the Mayor and City Clerk to execute Amendment #9 of the contract with West Covina Disposal, which would approve West Covina Disposal's rate increase request effective September 1, 1997. b) Direct staff to negotiate a contract amendment with West Covina Disposal to establish a mechanism that would enable the City to monitor, audit, and review any adjustments to the transfer station fee or percentage usage. c) Direct staff to return to the City Council by the next earliest meeting for approval and execution of this amendment. Motion carried 5-0. PLANNING DEPARTMENT ALTERNATIVES FOR REVISION AND ENHANCEMENT TO THE CODE ENFORCEMENT PROGRAM Planning Director Collier presented the staff report and responded to Council questions. He mentioned that the Planning Department has purchased the Sierra tracking system but training has not yet taken place. Code Enforcement Program Motion by Howard and seconded by Herfert to direct staff to work with the City Council subcommittee f'or evaluation and review of all options and report back to the City Council with a . recommendation. Motion carried 5-0. Recess Mayor Wong called a recess at 9:54 pm. The City Council recon- vened at 10:07 pm with all members present. With Council con- currence, Mayor Wong moved forward the following item for con- sideration at this time. 1 C Council Minutes of 10/21/97 PERSONNEL SERVICES STATUS OF POLICE ASSOCIATION MEET AND CONFER The staff report was presented by Personnel Director Ure. She noted that a letter has recently been received from the West Covina Police Officers' Asscciation reauesting the Council to permit the meet and confer process to continue. WC Police Association Officer Walt Hauser, President of the West Covina Police Officers' Association, stated that members of the Association do not believe that an impasse has been reached and would like to continue the negotiating process with an outside mediator. He noted that the other police officers in the audience who had expressed a desire to speak deferred to him. City Manager Starbird commented further on communi- cations at the bargaining table and recommended that Council hold over a final determination on this matter and direct staff to resume negotiations. Council concurred with his recommendation. Motion by Howard and seconded by Herfert to send the City's representatives back to the bargaining table to continue negotiations with the Association's representatives and not utilize a mediator. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 10:18 pm to conduct the Redevelopment Agency meeting. The City Council reconvened at 10:40 pm with all members present. COMMUNITY SERVICES No reports for this meeting. POLICE DEPARTMENT CONTRACT FOR TOWING SERVICES Towing Services Police Chief Distelrath introduced Sgt. Dettor who presented the staff report and responded to Council questions. Don Long Don Long, Walnut Valley Towing, commented on this issue and hoped that Council understood the expense of towing. Councilmember Touhey requested that the Police Department provide him with a list of towing services performed for the Department. Motion by Howard and seconded by Melendez to a) approve the per vehicle fee tow service contract using the three quadrant configuration currently in use by the Police Department and tow services; and b) authorize the issuance of a Request for Proposal for obtaining contract towing services. Motion carried 5- 0. FINANCE DEPARTMENT RECOVERY OF STATE MANDATED COSTS Interim Finance Director Tucker presented the staff report. Recovery of costs - Motion by Herfert and seconded by Touhey to authorize David M. Griffiths & Asso. the Interim Finance Director to contract with David M. Griffith & Associates to file a claim for reimbursement of costs related to state mandated programs under the contingency fee option with the cap as described in the staff report for the two fiscal years ending June 30, 1998. Motion carried 5-0. PERSONNEL SERVICES 1) APPROVAL OF CLASS SPECIFICATIONS FOR PUBLIC SERVICES OFFICER AND RECLASSIFI- CATION OF JAILER POSITIONS Council Minutes of 10/21/97 U Public Services Officer Physical Fitness Program for P.D. Fire Safety Retiree Benefit & Fire Management salaries Resolution 9510 - Retiree Benefits Resolution 9511 - Fire Management salaries GENERAL ADMINISTRATION City Manager Starbird recommended that this item be removed from the Agenda and returned to staff for additional work. Motion by Herfert and seconded by Melendez to remove the item from Council consideration and refer to staff. Motion carried 5-0. 2) VOLUNTARY PHYSICAL FITNESS PROGRAM FOR POLICE DEPARTMENT Personnel Services Director Ure presented the staff report. In response to Councilmember Herfert, Ms. Ure said the program could probably be extended to all employees. Mayor Pro Tern Melendez suggested that the pro- gram include a method to determine results; such as: less injuries, etc. City Manager Starbird agreed that it should tie into the City's Risk Management program/goals for the City. Motion by Herfert and seconded by Howard to approve the proposal from the Mt. San Antonio College Wellness Program to provide a fitness program for Police Safety employees; and that the City Council appropriate the funds necessary to cover the cost of the program. Motion carried 5-0. 3) CHANGE TO FIRE SAFETY RETIREE HEALTH BENEFIT AND FIRE MANAGEMENT SALARIES Personnel Services Director Ure presented the staff report. Recommendation is to approve a resolution fixing the amount of retiree medical premium at $150 per month for fire safety employees and a resolution providing a 1.5% salary adjustment for Fire Management employees. City Clerk presented: RESOLUTION NO. 9510 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 8487, AS AMENDED BY RESOLUTION 9102, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOS- PITAL CARE ACT RESOLUTION NO. 9511 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING COMPENSATION FOR FIRE MANAGEMENT EMPLOYEES; AND AMENDING RESOLUTION NO. 7223, AS AMENDED, RELATING TO CLASSIFICATION AND COMPEN- SATION OF POSITIONS Motion by Herfert and seconded by Touhey to waive further reading of the resolutions and adopt. Motion carried 5-0. 4) STATUS OF POLICE ASSN. MEET AND CONFER This item was considered by staff earlier in the meeting. No reports for this meeting. 7 Council Minutes of 10/21/97 APPROVAL OF DEMANDS Motion by Herfert and seconded by Howard to approve demands totaling $874,764.50 as listed on check registers FI 172936 through 173234. Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ORAL COMMUNICATIONS Robert Ktenck, 609 S. Magnolia Avenue, addressed the upcoming ballot measure relative to changing the City's Fire Department to the County of Los Angeles. He noted several inconsistencies and omissions in the Fire Association's initiative and commended Council for uniting together to oppose the measure. Bruce Leinbach, 1309 Sandy Hill Drive, presented several reasons why Oral Communications on non-agendized items should be moved forward on the Council Agenda. MAYOR'S REPORTS No reports for this meeting. COUNCELMEMBERS' REPORT BKK FUNDING APPLICATION PROGRAM ADJOURNMENT Attest: City Clerk Janet Berry 0 Councilmember Touhey opened the discussion on this item. Council concurred on referring it to the subcommittee of Council - members Howard and Touhey to study and make recom- mendations. Councilmember Howard asked staff to provide any parameters that they need to keep in mind when deciding on programs and projects. Motion by Touhey and seconded by Herfert to adjourn the meeting at 11:56 pm in memory of Irene Shubin. Motion carried 5-0. 4, V ` 4 t '• • n