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12-16-1997 - Regular Meeting - Minutes• MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL DECEMBER 16,1997 The regular meeting of the West Covina City Council was called to order by Mayor Wong at7:45pm 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 led by Councilmember Touhey. ROLL CALL Mayor Wong, Mayor Pro Tem Melendez, Councilmembers: Herfert, Howard, Touhey Others Present: Starbird, Koniarsky, Miller, Glover, Martyn, Greene, Collier, Collins, Bommarito, Dillon, Tucker, Yauchzee, Panas, Samaniego, Paul, Fong, Ure, Mayer, Tong, McIsaac, Pidgeon, Schamanski, Velasquez, Berry PRESENTATIONS Mayor Wong presented" a Resolution of Commendation to retiring Battalion Chief Al Cheramie for 29 years of service to the community. Mayor Wong presented a Resolution of Commendation to retiring Finance Director Abraham Koniarsky for 20 years of service to the community. Mayor Wong presented a Resolution of Commendation to retiring Civil Engineering Associate Art Velasquez for 33 years of service to the community. Community Services Director Collins introduced Pat Bommarito who recently was promoted from Senior Citizens Center Supervisor to Community Services Manager. Ms. Bommarito presented Mary Warfield who is celebrating her 100a' birthday. Mayor Wong announced that the viewing audience may have a. little trouble with the picture on their television; however, Charter Communica- tions is installing fiber options to enhance the reception. The project will be completed soon. HEARING - EXTENSION OF URGENCY ORDINANCE NO. 2007 — City Clerk Berry verified the affidavit of publication. Mayor Wong opened the hearing and the staff report was presented by Planning Director Collier. Public Testimonv Mayor Wong opened the public testimony of the hearing and asked for comments favoring the extension of the urgency ordinance. No one None addressed Council. The Mayor then asked for comments in opposition and no one addressed the City Council. Mayor Wong closed the public Testimony closed testimony portion of the hearing. City Clerk presented: Ordinance 2009 - ORDINANCE NO. 2C09 — AN INTERIM URGENCY ORDI- Swap Meets NANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 2007 ESTABLISHING A DEFINITION OF "INDOOR SWAP MEET" AND "INDOOR MULTI -TENANT RETAIL CENTER AND ESTAB- LISHING A MORATORIUM ON THE SAME Council Minutes of 12/I6/97 Motion by Howard and seconded by Touhey to waive further reading of the ordinance and to adopt. Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None • CONSENT CALENDAR Written Communications (none received) Commissions/Summary of Actions (receive & file) Planning 12/9/97 Senior Citizens' 11/13/97 Approval of Final Map (adopt resolution) Location: Two residential lots westerly side of Shadydale Avenue and southerly of Merced. Resolution 9521 - RESOLUTION NO. 9521 — A RESOLUTION OF THE CITY California State Bank COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 24625 AND DIRECTING THE RECORDATION THEREOF (California State Bank) Temporary Use Permits (receive & file) TUP #2419-97 was issued to New Cars Inc. for a one day used car sale on 10/4/97 at First Financial Credit Union, 1515 W. Cameron Avenue. TUP #2426-97 was issued to West Covina Nissan for a "slasher sale" on 11/26/97 at I0'40 E. Garvey Avenue. TUP #2428-97 was issued to Faith Community Church for a Christmas tree lot from 12/l/97 to 12/24/97 at 1211 E. Badillo. Acceptance of Improvements/Release of Bonds GP 97313 — Emergency Generator Cooking System Upgrade at City Hall — Whelan Construction GP 97313 - Recommendation is to accept cooling system upgrade and release Whelan Construction Ranger Insurance Company Bond No. RICO222301 in the amount of $34,862.00, subject to Notice of Completion procedures. PP 98201 — Landscaping, Irrigation, Security Lighting, and Picnic Shelters at Sunset Field — Whelan Construction PP 98201 - Recommendation is to accept ballfield improvements and release Whelan Construction Ranger Insurance Company Bond No. RICO228326 in the amount of $56,196.00, subject to Notice of Completion procedures. GP 98301 — Painting at Senior Center Annex — B & Z Construction GP 98301 - Recommendation is to accept painting work and release Anwest B & Z Construction Surety Insurance Company Bond No. 00501035 in the amount of $6,800.00, subject to Notice of Completion procedures. Ordinances for Adoption (waive reading & adopt) Ordinance 2010 - ORDINANCE NO. 2010 — AN ORDINANCE OF THE . Zone Change 653 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING ZONE CHANGE NO. 653 (Michael Fuerst) Ordinance 2011 - ORDINANCE NO. 2011 - AN ORDINANCE OF THE Zone Change 658 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING ZONE CHANG NO. 658 (Southern California Housing Development Corporation) 2 J Council Minutes of 12/16/97 Award of Bid 75a' Birthday Street Banner Campaign AAA Flag & Banner Mfg. Recommendation is to take the following actions: * Appropriate $42,564.06 from Account No. 114-304-3852- • 7900 to purchase the 75 h Birthday street banners; * Accept the bid of AAA Flag and Banner Mfg. Company in the amount of $42,564.06, as submitted; and * Approve a line item addendum to the budget, Account No. 114-310-0000-4836 to allow the Community Services Department to receive75th Birthday street banner revenues. Miscellaneous — Public Works MP 95108 — Underground Utility District No. 6 MP 95108 - Recommendation is to take the following actions: Public Hearing: 3/18/98 * Review and file the staff report; * Approve the proposed boundaries of Underground Utility District No. 6; and * Set Tuesday, March 18, 1998 at 7:30 pm as the date and time for the public hearing on the proposed district. TS 94119 — Orange Avenue/San Bernardino Road Traffic Signal TS 94119 - Recommendation is to authorize the Mayor and City Clerk to Gloria E. Landaverde execute an agreement for street and highway dedication with Gloria E. Landaverde. City Development Fees for the Proposed Hurst Ranch Historical Foundation Museum and Community Center Complex Development Fees/Hurst Ranch Recommendation is that the City contribute the amount of City of West Covina development fees from the General Fund and Construction Tax Fund to reimburse the Hurst Ranch Historical Foundation for such fees for the planning and construction of the Hurst Ranch Museum and Community Center Complex. San Gabriel Valley Council of Governments Livable Communities Program Grant Match COG —Livable Communities Recommendation is to authorize payment of $5,000.00 to the San Gabriel Valley Council of Governments from Prop. A funds (Account No. 121-320-2442-6120) as the City's match for participation in the Livable Communities Program. Miscellaneous — Finance 1998 Business License Fees Recommendation is to adopt the following resolution: Resolution 9522 - RESOLUTION NO. 9522 — A RESOLUTION OF THE 1998 Business License Fees CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SUSPENDING ANY INCREASE IN THE AMOUNT OF CHARGES RELATING TO BUSINESS LICENSE TAX FOR THE CALENDAR YEAR COMMENCING JANUARY 1, 1998, AND SUSPENDING ALL OF THE BUSINESS LICENSE TAXES IMPOSED UNDER SECTION A -III OFFICE AND . COMMERCIAL RENTALS, AND A PORTION OF THE BUSINESS LICENSE TAXES IMPOSED AND CATEGORY S(26) SMALL COLLECTING FACILITIES AND REVERSE VENDING MACHINES 1998 Investment Poliuy 1998 Investment Policy Recommendation is to approve the City's Investment Policy for 1998. kt Council Mimics of 12/16/97 • F Miscellaneous — Environmental Services BKK Landfill Closure Plans Status Report Recommendation is to receive and file the status report. Miscellaneous - City Manager Emergency Preparedness Request for Proposals Recommendation is to direct staff to issue a Request for Proposals from consultants to work with the City's Emergency Management Committee to develop and enhance the City's emergency preparedness program. CONSENT CALENDAR MOTION Motion by Herfert and seconded by Touhey to waive further reading of the resolutions and ordinances, and adopt, and to approve all other items listed on the Consent Calendar, except Item B-8g. Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None Item B-8g Councilmember Herfert stated that he would abstain from the dis- cussion and vote on this issue (BKK status report) due to conflict of interest laws. Motion by Touhey and seconded by Howard to receive and file the report. Motion carried 4-0-1 with Herfert abstaining. PUBLIC WORKS CITYWIDE MAINTENANCE DISTRICT RATE FOR REPLACEMENT SPECIAL TAX Public Works Director Glover presented the staff report. Royal Brown Royal Brown, 2153 Aroma Drive, strongly urged Council to choose Option B, a replacement special tax of $49.90 for the upkeep of the parks and the other items listed in the staff report. Council concurred with the $49.90 amount noting that it would provide funding for traffic utility costs, non -assessable street trees, park, median, pool, civic center maintenance, and graffiti removal. Councilmember Howard was a little concerned that the amount would not provide any funding for emergencies or contingencies. Mayor Wong discussed the potential of two options on the ballot. Councilmember Howard disagreed, feeling that it would complicate the issue for the voters. Further Council discussion followed. Motion by Herfert and seconded by Howard to move forward with Option B ($49.90 per dwelling unit for a single- family residence) and directed staff to prepare the appropriate election resolutions for consideration at the City Council meeting of January 20, 1998. Motion carried 5-0. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. ENVIRONMENTAL SERVICES TRANSPORTATION INFORMATION KIOSK — CITY HALL ANNEX Kiosk at City Hall Annex - Waste Management Enforcement Agency Manager Samaniego Ecotek presented the staff report. Motion by Melendez and seconded by Touhey to take the following actions: 4 Council Minutes of 12/16/97 • * Authorize the Waste Management Enforcement Agency Manager to execute the agreement with Ecotek for the purchase and installation of three kiosks, the first to be established in the City Hall Annex by January 2, 1998; * Authorize the Finance Department to withdraw a maximum of $16,000.00 (including $1,000 for contingencies) plus tax from the AB 2766 funds already appropriated to the Capital Improvement budget (Account No. 119-320-3855-7900) for the first kiosk; and * Authorize the Waste Management Enforcement Agency Manager to initiate the installation of two additional kiosks at a cost of not more than $15,000.00 plus tax and contingencies each upon satisfactory completion of the Annex kiosk. Motion carried 5-0. PLANNING DEPARTMENT APPROVAL PROCESS FOR OUTDOOR DINING ON CITY -OWNED PROPERTY Mayor Wong stated that due to conflict of interest laws, he would abstain from the discussion and vote on this item and turned the meeting over to Mayor Pro Tem. Outdoor Dining Planning Director Collier presented the staff report. Kathy Tallerino Kathy Tallerino of Tallerino's Pizza on Glendora Avenue urged Council to approve the process for outdoor dining on City - owned property. Motion by Howard and seconded by Herfert to adopt the approval process to permit outdoor dining on City -owned property. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Mayor Pro Tem Melendez returned the gavel to Mayor Wong. REDEVELOPMENT AGENCY 1) Mayor Wong recessed the City Council meeting at 8:45 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 9:31 pm with all members present. Recess Mayor Wong recessed the City Council at 9:31 pm. Council reconvened at 9:40 pm with all members present. 2) MORTGAGE CREDIT CERTIFICATE (MCC) AGREEMENT City Council reviewed the staff report. City Clerk presented: Resolution 9523 - RESOLUTION NO. 9523 — A RESOLUTION OF MCC for 1998/2000 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1998, 1999 AND 2000, FOR THE ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES, AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF LOS ANGELES Motion by Howard and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. 5 Council Minutes of 12/16/97 0 COMMUNITY SERVICES No reports for this meeting. FIRE DEPARTMENT NOVEMBER 26, 1997 LETTER FROM LOS ANGELES COUNTY TO CITY MANAGER City Council reviewed the staff report. Letter to the Editor Motion by Herfert and seconded by Melendez to receive and file the staff report and direct the City Manager to respond to the Fire Chief of Los Angeles County's Letter to the Editor in the San Gabriel Valley Tribune. Motion carried 5-0. ADMINISTRATIVE SERVICES No reports for this meeting. CITY CLERK'S OFFICE SPECIAL MUNICIPAL ELECTION RESULTS City Council reviewed the staff report. City Clerk presented: Resolution 9524 - RESOLUTION NO. 9524 - A RESOLUTION OF THE 12/9/97 Election Results CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, RECITING THE FACTS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON DECEMBER 9, 1997 Motion by Touhey and seconded by Howard to waive further reading of the resolution and adopt. Motion carried 5-0. Councilmember Herfert thanked the voters of West Covina for reaffirming their belief in local government and the outstanding service provided by the Fire Department by voting in opposing to Measure B. On another matter, Mayor Wong requested a report from staff addressing alternatives to a "straw vote" in the event of a tie vote, such as that experienced recently with the School Board election. Royal Brown Royal Brown, 2153 Aroma Drive, asked for a breakdown of the absent voter ballots by precinct. Mayor Wong responded that that information is available from the City Clerk's Office. APPROVAL OF DEMANDS Motion by Herfert and seconded by Howard to approve Demands totaling $1,041,680.37 as listed on check registers FI 174066 through FI 174342. Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS Mayor Wong reported that Commissioner Robert Zeller requested that Council adjourn the meeting in memory of Kimberly Dawn Ellis. Ms. Ellis, the daughter of West Covina residents, Cy and Marilyn Ellis, was a law student at Pepperdine when she was fatally injured by a drunk driver over the holidays. COUNCILMEMBERS' REPORTS BKK FUNDING APPLICATION PROGRAM Council reviewed the staff report. Motion by Touhey and seconded by Herfert to hold this matter over until a meeting in the new year. Motion carried 5-0. 6 Council Minutes of 12/16/97 Resolution 9525 - Vacation Buy -Back REVIEW OF VACATION BUY-BACK PROGRAM Council reviewed the staff report. Mayor Wong elaborated on the program. City Clerk Berry presented: RESOLUTION NO. 9525 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA; FIXING AND ESTABLISHING BENEFITS FOR MANAGEMENT, MID -MANAGEMENT AND CONFIDEN- TIAL/EXEMPT EMPLOYEES Motion by Touhey and seconded by Herfert to waive further reading of the resolution snd adopt. Motion carried 5-0. REPORT REQUESTING CITY COUNCIL APPROVAL FOR STAFF EVALUATION OF A CITY OF WEST COVINA HOME FINANCE PROGRAM FOR PUBLIC EMPLOYEES Councilmember Touhey presented an oral report, requesting that staff review and report back to Council with information. Council concurred. Councilmember Howard requested that the meeting also be adjourned in memory of Jeff Jamison, the son of Communication's Administrative Senior Operator Helen Jamison. Councilmember Touhey noted that his Uncle Roy Miller recently passed away and would like the meeting adjourned in his memory as well. ADJOURNMENT Motion by Howard and seconded by Herfert to adjourn the meeting at 10:00 pm in memory of Kimberly Dawn Ellis, Jeff Jamison, and Roy Miller. Motion carried 5-0. Council reconvened the closed session at 10:05 pm in the City Manager's Conference Room. Owl ILA Ry$W;M1 IFT ` Attest: City Clerk Janet Berry