03-03-1998 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
MARCH 3, 1998
• The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:37 pm in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by
Interim City Manager Glover and the Pledge of Allegiance was led by Councilmember Herfert.
ROLL CALL Mayor Wong, Mayor Pro Tem Melendez, Councilmembers
Herfert, Howard, Touhey
Others Present: Glover, Collier, Collins, Keating, Ellis, McIsaac, Schimanski,
Paul, Yoshizaki, Tong, Tucker, Martyn, Mayer, Samaniego,
Palkhiwala, Berry
APPROVAL OF MINUTES Councilmember Howard corrected the spelling of Ray Nordin in
the minutes of the regular meeting. Motion by Howard and
seconded by Melendez to approve the minutes of the regular
meeting of February 17, 1998 (as corrected) and the minutes of the
special meeting of February 17, 1998. Motion carried 4-0-1 with
Herfert abstaining (absent from February 170' meetings).
PROCLAMATIONS Mayor Wong proclaimed March 7, 1998, as ARBOR DAY and
presented the proclamation to Fran Andreozzi of West Covina
Beautiful. Ms. Andreozzi related the events planned for the day.
Mayor Wong proclaimed March, 1998, as SELECTIVE SERVICE
REGISTRATION AWARENESS MONTH and presented the
proclamation to Colonel Richard Helgeson of the U.S. Army
Reserve.
Mayor Wong proclaimed March, 1998, as AMERICAN RED
CROSS MONTH and presented the proclamation to Victoria
Mena, Program Generalist for the San Gabriel Valley American
Red Cross. Ms. Mena distributed flyers and stickers for the
employees to help increase awareness of the American Red Cross.
Councilmember Howard presented a Certificate from the League
of California Cities to the Mayor for the City in celebration of the
City's 75`" Birthday.
• HEARINGS Mayor Wong announced that the public hearing notice for Hearing
No. 3 (Code Amendment No. 269) was not published and that par-
ticular hearing would be reset for another City Council meeting.
RDA called to order Mayor Wong called to order the Redevelopment Agency at 7:50
pm in order to conduct the following joint public hearings.
Council Minutes of 3/3/98
•
Joint Public Hearing -
Hoffman Enterprises, LTD.
CONTINUED JOINT PUBLIC HEARING — FIRST AMEND-
MENT TO LEASE/DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE RDA AND HOFFMAN
ENTERPRISES, LTD.
Mayor Wong stated that this hearing matter has been replaced by
the following hearing and the recommendation regarding this
matter is to close the hearing without action by either the
Redevelopment Agency or the City Council.
Motion by Herfert and seconded by Melendez to close the
hearing. Motion carried 5-0.
JOINT PUBLIC HEARING — FIRST AMENDMENT TO
LEASE/DISPOSITION AND DEVELOPMENT AGREE-
MENT BETWEEN THE REDEVELOPMENT AGENCY
AND HOFFMAN ENTERPRISES, LTD.
Mayor Wong explained that the City and Agency would consider
the approval of separate resolutions to facilitate the implementation
of the First Amendment to the L/DDA which would extend the
term of the lease of the property, modify the sales tax covenant
contained in the original L/DDA and modify the terms of
repayment of the Upgrade Promissory Note executed by Hoffman.
City Clerk Berry stated that the affidavit of publication was on file
and the following documents were part of the record:
1) First Amendment to Lease/Disposition and Development
Agreement between the Redevelopment Agency of the City of
West Covina and Hoffman Enterprises, Ltd.; and
2) Summary Report Pursuant to Section 33433 of the
California Community Redevelopment Law.
Mayor Wong opened the hearing and the staff report was presented
by Interim RDA Executive Director Yoshizaki.
Public Testimony Mayor Wong opened the public testimony portion of the hearing
and City Clerk Berry stated that no written communications had
been received regarding this matter.
Mayor Wong asked for comments in favor and the
following person addressed Council/RDA:
Peter Hoffman Peter Hoffman of Hoffman Enterprises, LTD., stated that
he was available to answer questions and respond to comments.
Mayor Wong asked for comments in opposition to this
matter and no one desired to speak. The public testimony portion
Testimony Closed of the hearing was closed.
City Council Action:
City Clerk Berry presented:
Resolution 9542 - RESOLUTION NO. 9542 — A RESOLUTION OF THE
approving L/DDA CITY COUNCIL OF THE CITY OF WEST COVINA
AUTHORIZING THE EXECUTION OF THE FIRST AMEND-
MENT TO LEASE/DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND HOFFMAN ENTERPRISES; LTD., AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
Motion by Howard and seconded by Touhey to waive
further reading of the resolution and adopt. Motion carried 5-0.
Redevelopment Agency Action:
Secretary Berry presented:
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Council Minutes of 3/3/98
Resolution 515 = RESOLUTION NO. 515 — A RESOLUTION OF THE RE -
approving L/DDA DEVELOPMENT AGENCY OF THE CITY OF WEST COVINA
APPROVING AND AUTHORIZING THE EXECUTION OF
THE FIRST AMENDMENT TO LEASE/DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND HOFFMAN ENTER-
PRISES, LTD., AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Herfert and seconded by Howard to waive
further reading of the resolution and adopt. Motion carried 5-0.
Recess RDA Mayor Wong recessed the Redevelopment Agency at 8:03 pm to
continue the City Council Agenda. He reminded the audience that
the hearing regarding Code Amendment No. 269 (Standards to
Establish Reverse Vending Machines) scheduled for this evening
was not published as planned and would be reset for the City
Council meeting of April 7, 1998.
Based on the Speaker's Cards submitted to the City Clerk, Mayor
Wong moved forward the following Agenda items for con-
sideration at this time.
ENVIRONMENTAL SERVICES ROLE OF WASTE MANAGEMENT & ENVIRONMENTAL
QUALITY COMMISSION IN REVIEW OF BKK
DEVELOPMENT PLANS
WM/EQ Commission Environmental Management Director Samaniego presented the
staff report and responded to questions and comments by the City
Council.
Royal Brown Royal Brown, 2153 Aroma Drive, felt the role of the Waste
Management & Environmental Quality Commission was unclear
in reviewing proposed developments at the BKK landfill site. He
suggested educating the residents as to what the environmental
hazards are if the site is developed.
Councilmember Herfert stressed the vital function of the
commissions in opening dialog with the citizens. They play a key
role in the City's communication link and the Council listens to the
commissions.
Councilmember Howard added that there are different
duties performed by the Planning Commission and the Waste
Management & Environmental Quality Commission, and it is
important to keep those roles separate. Interim Assistant City
Manager Collier agreed, noting that CEQA requirements are very
clear.
Motion by Howard and seconded by Touhey to:
a) Reaffirm the Waste Management & Environmental Quality
Commission's duties and powers as stated within Section 2-132 of
the West Covina Municipal Code.
b) Affirm the Waste Management & Environmental Quality
Commission's role in the review of the BKK development plans
and environmental review documents, consistent with the
Commission's responsibilities set forth in the WCMC. Motion
carried 4-0-1 with Herfert abstaining (conflict of interest).
PERSONNEL SERVICES WEST COVINA POLICE OFFICERS' ASSOCIATION —
MEET AND CONFER
Interim Personnel Director Francis presented the staff report.
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Council Minutes of 3/3/98
Walt Hauser Walt Hauser, president of the West Covina Police Officers'
Association, commented about the recruitment process used for
Community Services Officers and the appearance of a manip-
ulation of the Personnel Rules and Regulations.
Councilmember Herfert took exception to an inference
made by Detective Hauser and motioned that Detective Hauser be
sworn in. Discussion followed and the motion died for lack of a
• second.
Detective Hauser continued and Councilmember Touhey
took exception to another inference made by Detective Hauser.
Discussion ensued.
Councilmember Howard transitioned the discussion into the three
alternatives before Council regarding the West Covina Police
Officers' Association meet and confer issue. She noted the next
negotiating period is two months away and suggested beginning
that early rather than implementing the last and final offer at this
point which is ten months into the current negotiation period.
Councilmember Touhey agreed with beginning negotiations now
for the next period and implementing the last and final offer
retroactively.
Recess Mayor Wong called a recess at 8:43 pm. The City Council
reconvened at 8:56 pm with all members present.
Motion by Howard and seconded by Touhey to implement the final
one year offer with the stipulation that the Police Association come
back to the negotiation table after receiving approval from their
Board and attorney. Motion carried 5-0.
City Clerk presented:
Resolution 9543 - RESOLUTION NO. 9543 - A RESOLUTION OF THE
WC Police Assn. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 7223, RELATING
TO COMPENSATION AND CLASSIFICATION OF POSI-
TIONS AS AMENDED, AND FIXING COMPENSATION AND
BENEFITS FOR CLASSES REPRESENTED BY THE WEST
COVINA POLICE OFFICERS' ASSOCIATION
Motion by Howard and seconded by Touhey to waive
further reading of the resolution and adopt. Motion carried 5-0.
ORAL COMMUNICATIONS Tom Seelig, 2223 E. Deodar Avenue, felt the current City Council
is the best he has ever seen and that the recent L. A. Times article
maligned the City. He commended the City Attorney for a fine
job. West Covina is a great place to live and work, and if only the
school district board could function better.
Councilmembers Herfert and Touhey addressed the L. A.
Times article as well.
Bruce Leinbach, 1308 Sandy Hill Drive, supported the appoint-
ment of Bill Ellis as Interim Police Chief and Pat Glover as the
Interim City Manager. He, too, took exception to the L. A. Times
article.
Lollie Bergman, 847 Wescove Place, commented about the L. A.
Times article as well. She felt the remarks made by Detective
Hauser were misinterpreted and suggested that Council review the
tape for a clearer understanding of his comments.
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Council Minutes of 3/3/98
•
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Community Services
2/19/98
Personnel
2/11/98
Planning
2/24/98
Senior Citizens'
2/12/98
Waste Mgmt/Environmental Quality
2/19/98
Approval of Final Maps (waive reading & adopt resolution)
Location: Northerly of Cameron Avenue and easterly of Orange.
Resolution 9544 - RESOLUTION NO. 9544 — A RESOLUTION OF THE
Parcel Map 23931 (K-Mart) CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
23931 AND DIRECTING THE RECORDATION THEREOF (K-
Mart)
Temporary Use Permits (receive & file)
TUP #2437-98 was issued to Aris Helicopter for an airlift of
HVAC at 933 S. Sunset on February 18, 1998.
TUP #2438-98 was issued to Citrus Valley Health partners for a
groundbreaking ceremony at 1115 S. Sunset on February 19, 1998.
Traffic Committee Minutes (accept & file)
Regular meeting of February 17, 1998.
Ordinance for Adoption (waive reading & adopt)
Ordinance 2013 - ORDINANCE NO. 2013 — AN ORDINANCE OF THE
Sr. Citizens' Commission CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, REDEFINING THE ORGANIZATIONAL STRUC-
TURE OF THE SENIOR CITIZENS' COMMISSION BY
AMENDING WEST COVINA MUNICIPAL CODE SECTION 2-
1333, ET SEQ.
Award of Bids
SP 98103 — Curb and Gutter Repair
SP 98103 - Recommendation is to take the following actions:
Vido Samarzich a) Transfer $120,000 from salary savings from Maintenance
Street Operations (Gas Tax Funds) to SP 89103, and
b) Accept the bid of Vido Samarzich, Alta Loma, in the
amount of $121,650.00 as submitted at the bid opening of 2/17/98
and authorize the Mayor and City Clerk to execute the contract.
SP 97108 — Rowland Avenue Street Improvements
SP 97108 - Recommendation is to take the following actions:
Mobassaly Engineering a) Transfer $70,000 from SP 97110 to SP 97108, and
b) Accept the bid of Mobassaly Engineering, La Verne, in the
amount of $298,443.30 as submitted at the bid opening of 2/17/98
and authorize the Mayor and City Clerk to execute the contract.
PP 91204 — Veterans' Memorial Wall at The Civic Center
PP 91204 - Recommendation is to accept the bid of Whelan Construction,
Whelan Construction West Covina, in the amount of $23,956.00 as submitted at the bid
opening of 2/24/98 and authorize the Mayor and City Clerk to
execute the contract.
Council Minutes of 3/3/98
TS 97113 —Nogales Street and Amanda Street Traffic Signal
TS 97113 - Recommendation is to take the following actions:
Fischbach & Moore a) Authorize a transfer of $27,000 in Gas Tax (126) Funds
from TS 96109 to TS 97113, and
IDC Traconex/Multisonics b) Approve waiver of competitive bidding procedures and
authorize the purchase of a traffic signal cabinet and controller
• from IDC Traconex/Multisonics in a total amount of $14,270.00
plus tax, and
c) Accept the bid of Fischbach & Moore in the amount of
$82,884.00 as submitted at the bid opening of 2/24/98 and
authorize the Mayor and City Clerk to execute the contract.
Miscellaneous — Public Works
SP 97109 — Merced Avenue Street Improvements —
Approval of Plans and Specifications
SP 97109 - Recommendation is to approve plans and specifications for Project
Plans & specs approved SP 97109 and authorize the City Engineer to call for bids.
SP 98101 — Street Rehabilitation Work (Asphalt Concrete Overlay)
Approval of Plans and Specifications
SP 98101 - Recommendation is to approve plans and specifications for Project
Plans & specs approved SP 98101 and authorize the City Engineer to call for bids.
MP 95018 — Underground Utility District No 6
MP 95018 - Recommendation is to set Tuesday, June 16, 1998 at 7:30 pm as
Hearing set: 6/16/98 the date and time for the public hearing on Underground Utility
District No. 6.
Miscellaneous — Environmental Management
Matching Grant for Purchase of Electric Vehicles
Recommendation is to take the following actions:
Electric Vehicles a) Authorize the Environmental Management Director to
apply for the Mobile Source Air Pollution Program Committee
(MSRC) Match Grant in an amount not to exceed 25% of the
purchase or lease of three electric vehicles, and
b) Authorize the appropriation of $130,000.00 from account
148-2319 in order to begin the installation of the electric charging
stations as previously approved, and
c) Authorize the Environmental Management Director to
solicit bids from electric vehicle dealers for the purchase or lease
of three electric vehicles and award the order to the lowest bid.
Miscellaneous — Planning Department
Resolution Establishing Change in Time for Planning Commission
Meetings (waive reading and adopt)
Resolution 9545 - RESOLUTION NO. 9545 - A RESOLUTION OF THE
7 pm to 7:30 pm CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 5682 RELATING
TO MEETING TIMES AND PLACES OF CITY BOARDS AND
COMMISSIONS
• Miscellaneous — Fire Administration
Purchase of Computers for New Information System
Recommendation is to take the following actions:
Fire Admin/Computers a) Find that purchasing procedures employee by the State of
California are at least as stringent as those used by the City; the
state bid (Bid No. 3-94-70-0012) satisfies the formal bid process
e
Council Minutes of 3/3/98
•
under the WCMC § 2-330; and piggy backing on State Bid No. 3-
94-70-0012 justifies the waiving of the formal bid process
(WCMC § 2-330), and
b) Authorize staff to purchase twenty-three Dell P6300
computers with Windows NT 4.0 Workstation Operating Systems
and two Dell PowerEdge 4200 servers with NT Server 4.0
Operating Systems at a total cost not to exceed $90,260.00.
Miscellaneous — Finance Department
Accounting for Long -Term Investments
Recommendation is to approve the transfer of investments
313586UB3 and 313400MC4 and related accrued interest to the
debt service fund from the General Fund.
CONSENT CALENDAR MOTION Motion by Touhey and seconded by Melendez to waive further
reading of the ordinance and resolution and adopt both, and
approve all other items listed on the Consent Calendar. Motion
carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
PUBLIC WORKS
No reports for this meeting.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 9:20 pm to
complete the Redevelopment Agency Agenda. The City Council
reconvened at 9:27 pm with all members present.
COMMUNITY SERVICES 1) GRANT PROGRAM FOR USE OF PARK DEVELOP-
MENT FEES FROM LARK ELLEN VILLAGE
Community Services Director Collins elaborated on the
staff report.
Lark Ellen Village park fees Motion by Touhey and seconded by Herfert to
approve the project applications from Grove Center School,
Rowland School, Workman School and Traweek Jr. High
School, and refer the project application submitted by Faith
Community Church to the Council subcommittee relating
to Community Services. Motion carried 5-0.
2) ROLLER HOCKEY AT SHADOW OAK PARK
Community Services Director Collins elaborated on the
staff report. '
Roller Hockey at Shadow Oak Park Council discussed at length the purpose of the
requested $10,000 for a consultant to evaluate the best
location for a roller hockey rink given noise, lighting, and
parking parameters.
Lollie Bergman Lollie Bergman, 847 Wescove Place, remarked that
a lot of City funds have been used for youth recreational
purposes and that if Council precedes with this be sure to
address parking problems and expend funding for other
types of activities.
Sam Mariecko Sam Mariecko, neighboring resident, was not in
favor of a roller rink at the park, noting that there were a lot
of youth already using the park.
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Council Minutes of 3/3/98
Mayor Wong asked for statistics from the roller
hockey rink at Orangewood Park as to number of teams and
operating capacity, etc. He stated he would support the
recommendation at this point.
Motion by Herfert and seconded by Touhey to take
the following actions:
a) Authorize the Acting City Manager to enter into an
• agreement for a concept plan not to exceed $10,000.
b) Direct staff to negotiate potential economic terms
with California Street Hockey Association.
c) Appropriate $10,000 against the BKK Community
Enhancement Fund to offset any expenditures for the
conceptual plan. Motion carried 5-0.
PUBLIC SAFETY ADVISORY BOARD REQUHiEMENT RELATING TO 1997-
1999 GRANT FUNDS FROM THE BUREAU OF JUSTICE
ASSISTANCE
Interim Police Chief Ellis elaborated on the staff report.
97/99 Grant Funds Motion by Howard and seconded by Touhey to approve the
development of an Advisory Board and begin the public partici-
pation portion of the grant acquisition process. Motion carried 5-0.
PERSONNEL SERVICES FEDERAL MINIMUM WAGE ADJUSTMENTS
Interim Personnel Director Francis elaborated on the staff report.
City Clerk presented:
Resolution 9546 - RESOLUTION NO. 9546 - A RESOLUTION OF THE
Minimum Wage CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, FIXING THE COMPENSATION OF CLASSIFICA-
TIONS WITHIN THE CITY OF WEST COVINA LIMITED
SERVICE CLASSIFICATION AND AMENDING RESOLU-
TION NO. 9393
Motion by Touhey and seconded by Herfert to waive
further reading of the resolution and adopt. Motion carried 5-0.
GENERAL ADMINISTRATION No reports for this meeting.
f APPROVAL OF DEMANDS Motion by Herfert and seconded by Howard to approve Demands
totaling $656,049.70 as listed on check registers FI 175743
through 176238. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSTAIN: Touhey re Community Food Bank
ORAL COMMUNICATIONS
Comments were accepted earlier in the meeting and no one wished
to address Council at this time.
MAYOR'S REPORTS No reports for this meeting.
Council Minutes of 3/3/98
COUNCILMEMBERS' REPORTS
Councilmember Herfert relayed a time-consuming, expensive
problem he experienced with Charter Communications. He
acknowledged that Council is limited in their control of the cable
service; although he requested staff to look into several aspects of
the contract and report back.
• ADJOURNMENT Motion by Herfert and seconded by Melendez to adjourn the
meeting at 10:25 pm in memory of Steve Herfert's grandmother,
who passed away Friday, February 27. Motion carried 5-0.
Attest
City Clerk Janet Berry
W