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04-07-1998 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL APRIL 7, 1998 • The regular meeting of the West Covina City Council was called to order by Mayor Melendez at 7:35 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 Howard. ROLL CALL Mayor Melendez, Councilmembers Howard and Touhey Absent: Mayor Pro Tem Herfert and Councilmember Wong Others Present: Glover, Collier, Martyn, Pidgeon, Mayer, Collins, Bommarito, Greene, Samaniego, Keating, Irwin, Yoshizaki, Fong, Yauchzee, McIsaac, Ellis, King, Francis, Tucker, Berry APPROVAL OF MINUTES Motion by Howard and seconded by Touhey to approve the fol- lowing sets of minutes: Special 5:30 pm meeting of March 17, 1998 Special 6:30 pm meeting of March 17, 1998 Regular meeting of March 17, 1998 Motion carried 3-0. PRESENTATIONS/PROCLAMATIONS Mayor Melendez presented Glen Buckingham a Resolution of Commendation for his service as a Senior Citizens' Commissioner and work as a Senior Helping Our Police (S.H.O.P.) volunteer. Mr. Buckingham recently resigned from his post on the Com- mission. Mayor Melendez proclaimed April 5 through 11, 1998 as INTER- NATIONAL BUILDING SAFETY WEEK and presented the proclamation to Shannon Yauchzee, Building Official of West Covina. Mayor Melendez proclaimed April 20 through 25, 1998 as WEEK OF THE YOUNG CHILD and presented the proclamation to Terra Sepulveda and Naila Tajgeer of Montessori Academy of West Covina. Mayor Melendez proclaimed April 20 through 26, 1998 as APRIL POOLS WEEK and presented the proclamation to Fire Chief Greene. • HEARING PROPOSED MUNICIPAL CODE AMENDMENT ADOPTING L. A. COUNTY HEALTH ORDINANCE RELATING TO FOOD ESTABLISHMENTS City Clerk Berry verified the affidavit of publication and Environ- mental Management Director Samaniego presented the staff report. He stated that the City had anticipated the County Board of Directors to have taken a certain action on this matter which would enable the City Council to move forward with this item. However, 4 Council Minutes of 4n198 the Board held over their matter and therefore the recommendation of staff at this point is to also hold over this matter. Food Establishment Ordinance Mayor Melendez acknowledged that this hearing would be held over until May 5, but opened the public testimony portion in the event there may be someone wishing to address this matter. Public Testimonv Mayor Melendez asked if there was anyone wishing to speak in • favor of this and no one addressed the Council. He asked if there was anyone wishing to speak in opposition. No one desired to speak; however, the following had a question: Royal Brown Royal Brown, 2153 Aroma Drive, requested a clarification on the process of the ordinance. Interim City Manager Glover stated that this ordinance relates only to the posting of the letter grade assigned by the County Health Department. The County Health Department has been inspecting restaurants all along and it has been voluntarily posted by individual restaurants. Mayor Melendez noted that the public testimony portion of the hearing would remain open to accept further comments on May 5. Hearing held over Motion by Howard and seconded by Touhey to continue the hearing to May 5, 1998. Motion carried 3-0. HEARING CODE AMENDMENT NO. 269 — STANDARDS TO ESTAB- City Clerk Berry verified the affidavit of publication and the staff report was presented by Principal Planner McIsaac. Councilmem- ber Howard suggested that the matter of height limits be investi- gated further if the industry standards change in the future. Public Testimonv Mayor Melendez opened the public testimony portion of the hearing and asked for comments favoring the Code Amendment. No one addressed Council. none Mayor Melendez asked for comments opposing the Code Amendment and no one addressed Council. Testimony Closed Mayor Melendez closed the public testimony portion of the hearing. City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CER- TAIN SECTIONS OF CHAPTER 26 (Zoning) OF THE WEST COVINA MUNICIPAL CODE RELATING TO STANDARDS FOR THE ESTABLISHMENT OF REVERSE VENDING MACHINES (Code Amendment No. 269) Motion by Touhey and seconded by Howard to waive further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Howard, Touhey, Melendez NOES: None ABSENT: Herfert, Wong • Recess the City Council meeting Mayor Melendez recessed the City Council meeting at 8:16 pm to Redevelopment Agency conduct the Redevelopment Agency scheduled public hearing. The remainder of the Redevelopment Agency Agenda was taken at the conclusion of the RDA hearing and at 8:28 pm Mayor Melendez reconvened the City Council meeting. 2 Council Minutes of 4/7/98 Redevelopment Agency Item for Council Action Revised 1996/97 Audit Report of the West Covina Redevelopment Agency Finance Director Tucker presented the staff report. Motion by Howard and seconded by Touhey to receive and file the Revised Independent Financial Audit Report of the Redevelopment Agency for Fiscal Year 1996/97, as certified by Caporicci & Larson, independent auditors. Motion carried 3-0. CONSENT CALENDAR Written Communications Letter received from Michael Miller regarding the perpetual main- tenance of the BKK Landfill. (refer to staff) Commissions/Summary of Actions (receive & file) Community Services 3/10/98 Personnel 3/11/98 Planning 3/24/98 Senior Citizens' 3/I2/98 Waste Management/Environmental Quality 3/19/98 Claims for Action (deny & notify claimant) Janet Guerra, an individual, and as Guardian Ad Litem for Timothy Guerra vs City of West Covina On February 4, 1998, the City Clerk's office received a wrongful death claim for $5 million plus loss of future earnings and companionship. Leonel P. Luian vs City of West Covina On February 22, 1998, the City Clerk's Office received a claim for unspecified damages amounting to $450.00. Approval of Final Maps (adopt resolution) Parcel Map No. 22798 — Ran ag Reddy Location: Easterly side of Sunset Avenue northerly of Merced. Resolution 9548 - RESOLUTION NO. 9548 — A RESOLUTION OF THE Parcel Map 22798 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 22798 AND DIRECTING THE RECORDATION THEREOF (Ranga Reddy) Lot Line Adjustment No. 134 — Overland Vista Royale I Location: 3042 and 3046 Madero Court. Resolution 9549 - RESOLUTION NO. 9549 -- A RESOLUTION OF THE Lot Line Adjustment 134 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 134 AND DIRECTING THE RECORDATION THEREOF (Overland Vista Royale I) Temporary Use Permits (receive & file) TUP #2432-98 was issued to San Gabriel/Pomona Parents Place for an Education Fair at Cortez Park on 4/26/98. TUP #2440-98 was issued to West Covina Nissan for a roof - mounted balloon and search lights on 3/20 through 3/31 at 1840 E. Garvey Avenue South. TUP #2441-98 was issued to Friendly Hills for a health fair and radio van on 3/28 at 1300 S. Sunset Avenue. .t7 Council Minutes of 4M98 • Acceptance of Improvements/Release of Bonds PP 95221- Location: 1611Y2 West Merced Avenue. Gentry Brothers Recommendation is to accept parking lot improvements at Sunset Baseball Field Parking Area and release Federal Insurance Company Bond No. 8153-99055 in the amount of $154,935.60, subject to Notice of Completion procedures. Award of Bid One -Year Extension of City's Street Sweeping Contract R. F. Dickson Company Recommendation is to authorize the final one-year extension of the street sweeping contract with R. F. Dickson Company Inc., Downey, at no increase in the contract amount. Miscellaneous — Fire Department Weed Abatement 1998 Recommendation is to adopt the following resolution and set April 21, 1998, as the date for hearing objections or protests to the properties in question. Resolution 9550 - RESOLUTION NO. 9550 - A RESOLUTION OF THE 1998 Weed Abatement CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION, 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE (Public Hearing: 4/21/98) Miscellaneous — Public Works TS 98120 — Valinda Avenue and SummerplaceBurtree Street Traffic Signal TS 98120 - Recommendation is to approve the plans and specifications for this Plans & specs approved project and authorize the City Engineer to call for bids. Support for Assembly Bill 1759 AB 1759 Recommendation is to support AB 1759 and authorize the Mayor to send a letter of support on behalf of the City of West Covina to the Assembly's Transportation Committee. Landscape Maintenance District Nos. 4, 6, and 7 — Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolutions and set June 2, 1998 as the public hearing date for all three: Resolution 9551 - RESOLUTION NO. 9551 - A RESOLUTION OF THE MD No. 4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 2, 199 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENC- ING IN FISCAL YEAR 1998/99 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 4) Resolution 9552 - RESOLUTION NO. 9552 - A RESOLUTION OF THE MD No. 6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 2, 1998 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENC- 0 Council Minutes of 4/7/98 E ING IN FISCAL YEAR 1998/99 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 6) Resolution 9553 - RESOLUTION NO. 9553 - A RESOLUTION OF THE MD No. 7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 2, 1998 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENC- ING IN FISCAL YEAR 1998/99 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 7) Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolution and set June 16, 1998 as the public hearing date for this district: Resolution 9554 - RESOLUTION NO. 9554 — A RESOLUTION OF THE Citywide District CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 16, 1998 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 1998/99 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT Miscellaneous — Finance Department Auditors' Report on Appropriations Limit for the Two Years Ending June 30, 1998 Recommendation is to receive and file the report. June 30, 1997 single Audit Report Recommendation is to receive and file the June 30, I997 Single Audit Report. Surplus Property Recommendation is to adopt the following resolution: Resolution 9555 - RESOLUTION NO. 9555 — A RESOLUTION OF THE Surplus Property CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS Miscellaneous — Personnel Services Recommendation of Council Sub -Committee for Retention of Special Legal Counsel by Colen and Lee Colen and Lee - Recommendation is to approve the recommendation of Council Overlander, Lewis & Russell Sub -Committee to direct the City's third party administrator, Colen and Lee, to retain the law firm of Overlander, Lewis & Russell. Appropriation for Recruitment David M. Griffith & Asso. Recommendation is to appropriate $55,000 from unappropriated General Fund reserves to fund the recruiting services of David M. Griffith & Associates. R Council Minutes of 4/7/98 Miscellaneous — Environmental Management Resolution Authorizing Enforcement Assistance Grant Application Recommendation is to adopt the following resolution: Resolution 9556 - RESOLUTION NO. 9556 — A RESOLUTION OF THE Seeking Grant from CIWMB CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE SUBMITTAL OF AN • APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR AN ENFORCEMENT ASSIS- TANCE GRANT CONSENT CALENDAR MOTION Michael Miller Michael Miller, 2648 E. Workman Avenue, addressed his letter to Council (B-1) regarding the long term maintenance of the BKK Landfill and his request for the formation of a community committee to ensure the conditions are met. He volunteered his services. Motion by Howard and seconded by Touhey to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Howard, Touhey, Melendez NOES: None ABSENT: Herfert, Wong Lollie Bergman Lollie Bergman, 847 Wescove Place, commented on several items; Lot Line Adjustment No. 134 (Agenda Item B-4b), Special Legal Counsel by Colen and Lee (Agenda Item B-9i), and RDA Item III regarding the Revised Audit Report. She noted that there is a listing of the amount of money owing the City from the Redevelopment Agency and suggested an audit of the firms owing West Covina money. Recess the City Council meeting Mayor Melendez recessed the City Council meeting at 8:35 pm to Parking Authority convene the Parking Authority. The City Council reconvened at 8:37 pm with all members present, except Herfert and Wong. Parking Authority Item for Council Action Parking Authority Financial Report for Fiscal Year Ending June Finance Director Tucker presented the staff report. Motion by Howard and seconded by Touhey to receive and file the annual Financial Report of the Parking Authority for Fiscal Year 1996/97, as certified by Caporicci & Larson, independent auditors. Motion carried 3-0. PUBLIC WORKS REPLACEMENT OF CITY LIMIT SIGNS Acting City Engineer Mayer presented the staff report. City limit signs Motion by Touhey and seconded by Howard to approve a) Central Cities Signs the purchase of new City limit signs from Central Cities Signs in the amount of $9,954.80 including tax, and b) the purchase of • miscellaneous material for the fabrication of population plates and tamper -proof hardware to install the new City limit signs at a cost of $1,940 including tax. Motion carried 3-0. COMMUNITY SERVICES No reports for this meeting. Council Minutes of 4/7/98 PUBLIC SAFETY COMPUTER ENTERPRISE STAFFING NEEDS Computer Enterprise Interim Police Chief Ellis presented the staff report. Chief Ellis and Finance Director Tucker responded to Council's questions regarding the pay of an individual working overtime vs a new employee working straight time. Councilmember Howard felt it would be prudent to wait • until the new City Manager and Police Chief are hired before making any changes. Motion by Howard and seconded by Touhey to hold action on this item until such time as the new Chief and new City Manager are on board and the Council has reviewed the whole Computer Enterprise program. Motion carried 3-0. Recess Mayor Melendez called a recess at 8:54 pm. The City Council reconvened at 9:05 pm with all members present, except Herfert and Wong. COMMUNICATIONS CHARTER COMMUNICATIONS Charter Communications Communications Director Keating presented the staff report. Motion by Touhey. and seconded by Howard to a) authorize staff to file a formal protest of Charter Communications' March I rate increase for expanded cable programming services; and b) authorize staff to issue a Request for Proposals for legal services to advise the City Council and assist staff with respect to cable television franchise matters. Motion carried 3-0. Staff was asked to speak with Mayor Pro Tem Herfert to ensure all his concerns are addressed, as this item was brought forth by him. ADMINISTRATIVE SERVICES FINANCE DEPARTMENT COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFRI Council reviewed the staff report. CAFR Motion by Touhey and seconded by Howard to receive and file the City's Comprehensive Annual Financial Report for FY 96/97. Motion carried 3-0. PERSONNEL SERVICES Interim Personnel Director Francis presented the staff report. City Clerk presented: Resolution 9557 - RESOLUTION NO. 9557 — 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 CLASSIFICATIONS AND AMENDING RESO- LUTIONS 9393 AND 9546 • Motion by Touhey and seconded by Melendez to waive further reading and adopt. Motion carried 3-0. POLICE EMPLOYEES PERS HEALTH CARE Interim City Manager Glover presented the staff report. City Clerk presented: Resolution 9558 - RESOLUTION NO. 9558 - A RESOLUTION OF THE 7 Council Minutes of 4/7/98 Police PERS CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 8487, AS AMENDED BY RESOLUTION NO. 9102, FIXING THE EMPLOYERS' CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Motion by Touhey and seconded by Howard to waive further reading of the resolution and to adopt. Motion carried 3-0. • CONSULTING SERVICES FOR LABOR NEGOTIATION Interim Personnel Director Francis presented the staff report. Consulting Services - Motion by Touhey and seconded by Howard to approve the Becker & Bell Council Sub -Committee's recommendation and award the contract to the consulting firm of Becker & Bell at an annual cost not to exceed $30,000. Motion carried 3-0. CITY MANAGER REORGANIZATION OF THE RISK MANAGEMENT PROGRAM Risk Management Interim City Manager Glover and Interim Personnel Director Francis presented the staff report. Corey Glave Corey Glave, representing the current Risk Manager, spoke on her behalf as to the review that was conducted on the Risk Management Office. He stated that the report contained errors and requested Council not take action until the report was corrected. City Attorney Marlyn disagreed with personal comments about her made by Mr. Glave. Mr. Glover stated that both the staff report and the review report were public record and available at the City Clerk's Office. Councilmember Touhey stated that he would like more information before taking an action on this item. Motion by Touhey and seconded by Melendez to hold this matter over. Motion carried 2-1 with Howard voting no. CITY ATTORNEY City Attorney Marlyn remarked that she had reserved this spot on the Agenda in the event she needed to address the Council. She stated that she was tired of enduring Councilmember Touhey's treatment towards her and had no desire in representing the City as City Attorney. If Council no longer wanted her representing them, all they need do is say so. Recess Mayor Melendez recessed the City Council meeting at 9:35 pm. Council reconvened at 9:42 pm. He stated that the Council needs to vote in order to go into closed session, pursuant to Government Code requirements: Section 54956.9(b) relative to initiation of litigation. Motion by Howard and seconded by Touhey to place this emergency item on the Agenda for consideration. Motion carried 3-0. Motion by Howard and seconded by Touhey to recess the Council meeting to commence a closed session at 9:43 pm. Motion carried 3-0. • Mayor Melendez reconvened the City Council meeting at 11:00 pm with all members present, except Herfert and Wong. City Attorney Marlyn apologized for making everyone wait for an issue that could have been addressed in a different forum. She thanked the Mayor for his leadership in helping resolve this matter. 3 Council Minutes of 4/7/98 • APPROVAL OF DEMANDS Motion by Touhey and seconded by Howard to approve the demands totaling $1,524,256.64 as listed on check registers FI 17660 through 177211. Motion carried by roll call vote: AYES: Howard, Touhey, Melendez NOES: None ABSENT: Herfert, Wong ABSTAIN: Touhey re Community Food Bank LEGAL REPRESENTATION AUDIT Legal Representation Audit Council reviewed the report. Motion by Howard and seconded by Melendez to hold over this item until Councilmember Herfert is in attendance as this was his item and his input would be appreciated. E. T. Snell E. T. Snell, suggested using law professors from USC or UCLA to conduct an independent audit of the legal firms used by the City and include an audit of the work performed by the firms. Councilmember Touhey stated that he shared a lot of the same concerns as those of Mayor Pro Tern Herfert and perhaps the City should undertake an RFQ process. He was agreeable to holding this over. The motion to hold over was adopted 3-0. ORAL COMMUNICATIONS MAYOR'S REPORTS Assignment E. T. Snell, suggested a Police Commission for the average citizen to address their police concerns. Audit Committee Chamber of Commerce Chamber of Commerce/ Liaison Committee City/School Cooperative Committee E.S.G.V. Planning Committee E.S.G.V. Consortium 1) ANNUAL APPOINTMENTS OF CITY COUNCIL REPRESENTATIVES TO OTHER AGENCIES Mayor Melendez reviewed the liaison appointments and a few changes were made. Motion by Touhey and seconded by Howard to approve the following appointments. Motion carried 3-0. Representative Melendez/Herfert none Herfert/Touhey Melendez/Howard Herfert Herfert Foothill Transit Zone Wong to 6/1, then Touhey Independent Cities Asso. I.C.R.M.A. League of CA Cities/LA Division S.G.V. Mosquito Abatement District L.A.County City Selection Committee S.G.V. Council of Governments S.G.V. Commerce & Cities Consortium Sanitation District Board So. Cal Asso. of Gov't (SCAG) Upper S.G.V. Water Association Melendez Touhey Howard Herfert Wong Melendez Touhey Melendez Glover Herfert Alternate n/a n/a n/a n/a Howard Melendez Herfert Howard K. Francis Melendez Wong Touhey Wong Wong Wong Collier Melendez 2) COMMISSION APPOINTMENT PROCESS Council reviewed the staff report. Motion by Howard and seconded by Touhey to utilize the same process as last year wherein Council sub- 0 Council Minutes of 4/7/98 • COUNCILMEMBERS' REPORTS ADJOURNMENT ATTEST City Clerk Janet Berry • committees to interview prospective commissioners. Only the commissioners whose terms are expiring and interested in continuing their service need to be interviewed. Motion carried 3-0. Councilmember Howard asked that the years of service for current commissioners be included with the information. Mayor Melendez and Councilmember Touhey will serve as the Council sub -committee for the establishment of a new commission: Arts, Culture and Special Events Commission. No reports for this meeting. Motion by Touhey and seconded by Howard to adjourn the meeting at # 1:30 pm. Motion carried 3-0. Mayor 10