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04-21-1998 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL April 21, 1998 IsThe regular meeting of the West Covina City Council was called to order by Mayor Melendez at 7:47 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, Mayor Pro Tern Herfert, Councilmembers Howard, Touhey, Wong Others Present: Glover, Collier, McIsaac, Greene, Keating, Mayer, Pidgeon, Paul, Bommarito, Tucker, Collins, Wynder, Dillon, Samaniego, Pullin, Bonaparte, Fong, Lantz, Yauchzee, Yoshizaki, Berry APPROVAL OF MINUTES Motion by Touhey and seconded by Howard to approve the minutes of the following Council meetings: Special meeting of April 7, 1998 Regular meeting of April 7, 1998 Special meeting of April 14, 1998 Motion carried with Wong and Herfert abstaining in relation to the April 7 minutes (both absent from meeting). PRESENTATIONS/PROCLAMATIONS Mayor Melendez presented immediate past Mayor Benjamin Wong an outgoing Mayor's plaque. Mayor Melendez proclaimed the week of April 19-25, 1998 as NATIONAL LIBRARY WEEK and presented the proclamation to Linda Siggins, West Covina Library Manager, and Ericka Carr, the Children's Librarian. Mayor Melendez proclaimed the week of April 19-25, 1998 as GENERAL FEDERATION OF WOMEN'S CLUB and presented the proclamation to Gloria Vargas of the Women's Club of West Covina. Mayor Melendez presented a proclamation congratulating South Hills Academy on the occasion of their 4& Anniversary the dedication of a new building to Don Payne, School Principal, and Ivy Sun, the Executive Director. Mayor Melendez proclaimed May 7, 1998 as NATIONAL DAY OF PRAYER and presented the proclamation to Sharon Harville and Vicky Thibodeaux of Concerned Women for America. • Mayor Melendez proclaimed the month of May as WEST COVINA BEAUTIFUL MONTH and presented the proclamation to Francis Andreozzi of West Covina Beautiful. Mayor Melendez proclaimed the month of May as MENTAL HEALTH MONTH and presented the proclamation to Elsie S. Redline from the Alliance for the Mentally III East San Gabriel Valley. Council Minutes of 4/21/98 John Fields, Executive Director of the West Covina Chamber of Commerce, announced West Covina Day, May 28, at the Rancho Cucamonga Quakes stadium. He introduced After -Shock, the mascot, and stated that the Chamber had tickets for $3 each for the game that day. HEARING WEED ABATEMENT 1998 City Clerk Berry verified the affidavit of mailing and Mayor Melendez opened the hearing. The staff report was presented by Fire Chief Greene. Public Testimonv Mayor Melendez opened the public testimony portion of the hearing. City Clerk Berry stated that no written protests or objections had been received and Mayor Melendez asked for verbal comments. None No one addressed the City Council. Mayor Melendez closed the public testimony portion of the Testimony closed hearing. Motion by Herfert and seconded by Howard to order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 9550 (adopted 4/7/98). Motion carried 5-0. HEARING PUBLIC HEARING ON THE FORMATION OF A PROJECT AREA COMMITTEE AND ADOPTION OF GUIDELINES AND PROCEDURES FOR THE ELECTION OF A PROJECT AREA COMMITTEE FOR THE PRO- POSED CITYWIDE REDEVELOPMENT PROJECT RDA —PAC City Clerk Berry verified the affidavit of publication. Mayor Melendez opened the hearing and the staff report was presented by Senior Project Manager Fong. Public Testimonv Mayor Melendez opened the public testimony portion of the hearing and City Clerk Berry stated that no written communi- cations had been received relative to this matter. Mayor Melendez asked for public comment and the following addressed Council: Emma Fischbeck Emma Fischbeck, 1137 S. Auburn Drive, expressed her on -going concerns about redevelopment and how it affects property owners. She requested that she be considered as a committee member to attend and help at the meetings. She spoke in opposition to the expansion of the plan unless it excluded private residences. Testimony closed There being no others wishing to address Council, Mayor Melendez closed the public testimony portion of the hearing. Mr. Yoshizaki responded to Ms. Fischbeck's concerns, clarifying the process and the necessary steps if eminent domain proceedings are required. There are no such plans pending at this time. Councilmember Wong noted that any properties involved in eminent domain proceedings are compensated at fair market value. City Clerk presented: Resolution 9559 - RESOLUTION NO. 9559 — A RESOLUTION OF THE Formation of PAC CITY COUNCIL OF THE CITY OF WEST COVINA FINDING THAT A PROJECT AREA COMMITTEE IS NECESSARY TO EFFECTUATE THE ADOPTION OF THE WEST COVINA CITYWIDE REDEVELOPMENT PLAN, DIRECTING THAT FORMATION OF A PROJECT AREA COMMITTEE AND K Council Minutes of 4/21/98 • ADOPTING GUIDELINES AND PROCEDURES FOR THE FORMATION, ELECTION AND OPERATION OF A PROJECT AREA COMMITTEE FOR THE CITYWIDE REDEVELOP- MENT PROJECT AREA Motion by Wong and seconded by Herfert to waive further reading of the resolution and Exhibit A as amended, and to adopt the resolution. Motion carried 5-0. HEARING AMENDMENT TO THE ACTION PLAN 97/98 City Clerk Berry verified the affidavit of publication and Mayor Melendez opened the hearing. The staff report was presented by Community Services Manager Bommarito. Public Testimony Mayor Melendez opened the public testimony portion of the hearing and asked for comments from the audience. No comments none were offered and Mayor Melendez closed the public testimony Testimony closed portion of the hearing. Motion by Herfert and seconded by Touhey to amend the 1997/98 Action Plan as follows: a) appropriate an additional $1500 for the Youth Assistance program (131-320-2417-6447) and b) adjust the Capital Improvement projects as described below: Project Project Original Adjustments New Number Budget Budget Park Barrier Removal PP 98220 $70,000 ($8,500) $61,500 Fencing/ADA Ramps P. View PP 98221 10,000 0 10,000 Hockey Netting at Orangewood PP 98226 15,000 0 15,000 Street Barrier Removal PP98104 70,000 ($8,500) 61,500 Paint Interior Senior Annex PP 98301 15,000 0 15,000 After School Trailers PP 97304 80,000 0 80,000 Totals $260,000 (17,000) $243,000 Motion carried 5-0. CONSENT CALENDAR Written Communications (none received) Commissions/Summary of Actions (receive & file) Personnel Commission 4/8/98 Planning Commission 4/14/98 Temporary Use Permits (receive & file) TUP #2441-98 was issued to Friendly Hills for a Health Fair and radio van at 1300 S. Sunset Avenue on 3/28/98. TUP #2442-98 was issued to Los Angeles County Animal Control for a rabies clinic on 6/4/98 at the Cameron Park Youth Center. Acceptance of Improvements/Release of Bonds Precise Plan 175 - Location: 342-346 North Azusa Avenue. Dr. Gregory V. Chew Recommendation is to accept on -site improvements and release Union Bank of California, N. A., Certificate of Deposit, in the amount of $20,000. Ordinance for Adoption (waive reading & adopt) Ordinance 2014 - ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY reverse vending machine COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, standards AMENDING CERTAIN 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) 3 Council Minutes of 4/21/98 • CONSENT CALENDAR MOTION Motion by Herfert and seconded by Touhey to waive further reading of the ordinance/resolutions and adopt, and to approve all other items listed, except Items B-7c, B-7d, B-8b, and B-8j. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None Items B-7c and B-7d Councilmember Howard noted both items were related to computer needs and requested staff to a) ensure a cooperative effort in the upgrading process to avoid a piecemeal approach, and b) keep abreast of new technology. Motion by Howard and seconded by Herfert to approve both items (replacement of master traffic signal computer and upgrade of autocad software). Motion carried 5-0. Item B-8b Mayor Pro Tern Herfert noted the lengthy list of Capital Improve- ment projects and complimented staff for managing the projects well. He asked staff to check into a flooding problem and sewer smell in the Police Department basement. Motion by Herfert and seconded by Howard to receive and file the status report. Motion carried 5-0. Item B-8j Mayor Pro Tem Herfert stated that he would need to abstain on this issue (BKK Landfill closure plans and status report), due to con- flict of interest laws. Motion by Touhey and seconded by Howard to receive and file the status report. Motion carried 4-0-1 with Herfert abstaining. PUBLIC WORKS No reports for this meeting. ENVIRONMENTAL MANAGEMENT DEPARTMENT CLEAN-UP SATURDAYS Clean -Up Saturdays Environmental Management Director Samaniego elaborated on the staff report. Motion by Howard and seconded by Touhey to receive and file the staff report. Motion carried 5-0. Recess Mayor Melendez recessed the City Council meeting at 8:47 pm. The City Council reconvened at 8:53 pm with all members present. COMMUNITY DEVELOPMENT PLANNING DEPARTMENT ENHANCEMENT OF CODE ENFORCEMENT SERVICES Code Enforcement An in-depth staff report was presented by Interim Assistant City Manager Collier with the assistance of Acting Planning Director McIsaac. Mr. McIsaac distributed revisions to the proposed ordi- nance relative to the issuance of correction notices (§15-224(a) — 15-224(c)). Royal Brown Royal Brown, 2153 Aroma Drive, felt the listed priorities favored businesses over residences. Frank Nixon Frank Nixon, 1236 S. Shadydale, discussed an on -going weed abatement problem on the commercial vacant lot across the street. C! Council Minutes of 4/21/98 voting member on the governing board as well as the appointed staff member on each Risk Management Committee of ICRMA. Resolution 9560 - RESOLUTION NO. 9560 - A RESOLUTION OF THE ICRMA representatives CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY Miscellaneous — Police Department Application for Grant Funds from VAWGO (Violence Against Women Grant Office) VAWGO Grant Application Recommendation is to approve the program's application for grant funds. Miscellaneous — Finance Department June 30, 19997 Los Angeles County/West Covina Civic Center Authoritv June 30. 1997 Audit Reoort Recommendation is to receive and file the Los Angeles County/West Covina Civic Center Authority June 30, 1997 audit report. June 30, 1997 West Covina Public Financing Authority Joint (A Joint Powers Agreement) June 30, 1997 Audit Report Recommendation is to receive and file the JPA West Covina Public Financing Authority June 30, 1997 Audit Report. Miscellaneous — Community Services Outstanding Older American Outstanding Older American - Recommendation of the Senior Citizens Commission is to select James W. Labadie James W. Labadie as this year's West Covina Outstanding Older American. Miscellaneous — Environmental Management Electrical Vehicle Loaner Electrical Vehicle — SCE Recommendation is to authorize the Environmental Management Director to execute a contract with Southern California Edison Transportation Division to enter the Electric Vehicle Trails Program. BKK Landfill Closure Plans and Status Report Recommendation is to receive and file the status report. Miscellaneous — City Manager Change of Control Request — Metricom_ Inc (adopt resolution) Resolution 9561 - RESOLUTION NO. 9561 - A RESOLUTION OF THE Metricom Franchise Agree. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING A CHANGE IN CONTROL OF METRICOM, INC. PURSUANT TO SECTION 13.2 OF THE FRANCHISE AGREEMENT ENTERED INTO BETWEEN • METRICOM, INC. AND THE CITY OF WEST COVINA, CALI- FORNIA Correction of an Oral Report on the Cost of Overtime Recommendation is to receive and file the corrected spreadsheet regarding overtime vs regular time for the rank of sergeant in the Police Department. Council Minutes of 4/21/98 City Treasurer's Report (receive & file) City Treasurer Reports of October 1997 through February 1998 Award of Bids SP 97109 - Merced Avenue Street Improvement SP 97109 - Recommendation is to accept the bid of Mobassaly Engineering, Mobassaly Engineering Inc., La Verne, in the amount of $273,005.30 as submitted at the bid opening of April 7, 1998, and authorize the Mayor and City Clerk to execute the contract. SP 98101 — Street Rehabilitation Work at Various Locations SP 98101 - Recommendation is to accept the bid of CalMat, Azusa, in the CalMat amount of $476,532.00 as submitted at the bid opening of April 7, 1998, and authorize the Mayor and City Clerk to execute the contract. Replacement of Master Traffic Signal Computer Traffic Signal Computer - Recommendation is to authorize the replacement of the City's Intersection Development Corp. Master Traffic Signal Computer by Intersection Development Corporation for $15,1565.31 including tax. Uoerade of Autocad Software Autocad Software - Recommendation is to authorize the upgrade to six versions of Upgrade Autocad 14 at a cost of $20,838 to be funded through limited service and full time employees' salary savings in Traffic Engineering. 1998 Weed and Rubbish Abatement Contract 1998 Weed Abatement contracts Recommendation is to accept the bids of Gardner Tractor Service Proposal A — Gardner Tractor in the amount of $8,860.00 for Proposal "A", and Azteca Proposal B — Azteca Landscape Landscape in the amount of $3,150.00 for Proposal `B", as presented at the bid opening on April 8, 1998, and authorize the Fire Chief to execute a contract with both companies. Miscellaneous — Public Works PP 96258 — Slope Repair at 1830 & 1832 Arizona Street (Shadow Oak Villa III) and Reservoir No. 2 — Approval of Plans and Specifications PP 96258 - Recommendation is to approve the plans and specifications for PP Plans & specs approved 96258 and authorize the City Engineer to call for bids. Capital Improvement Program and Building Activity Report Recommendation is to receive and file the status report for the first quarter ending March 31, 1998. National Pollution Discharge Elimination System, Educational Site Visit — Memorandum of Understanding with Los Angeles County Department of Public Works MOU with L. A. County - Recommendation is to authorize the City Manager to enter into a NPDES educational program Memorandum of Understanding with Los Angeles County for the NPDES educational site visit program. Miscellaneous — Personnel Services Appointment of Representatives to Independent Cities Risk Man- agement Authoritv (adopt resolution) The resolution designates Councilmember Touhey as the City's primary representative to serve on the Governing Board of ICRMA and Kermit.Francis, Acting Personnel Director, as the alternate 12 Council Minutes of 4/21/98 Bill Robinson Bill Robinson, 1146 E. Louisa Avenue, opposed a volunteer program to enhance Code Enforcement; the downside could be a vigilante approach. He suggested making administrative remedies more available. Dolores Morris Dolores Morris, La Verne resident owning rental property at 2409 • Rio Verde Drive in West Covina, spoke supportively of Code Enforcement. She stated that her property faces a constant neigh- borhood eyesore. Interim Assistant City Manager Collier responded to the comments. Mayor Pro Tem Herfert noted that the commercial vacant lot discussed by Mr. Nixon was an embarrassment. The City has tried to work with the property owner long enough. He requested that alternatives relating to that property be agendized for possible revocation or some other Council action. Further Council discussion followed regarding the RFP process and shifting from the current soft -glove approach to a more pro -active approach. City Clerk presented: Ordinance introduction - AN ORDINANCE OF THE CITY COUNCIL OF THE Administrative Fine Process CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 15, ARTICLE XI TO THE WEST COVINA MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR IMPOSING AND COLLECTING ADMINISTRATIVE FINES FOR VIOLATIONS OF THE WEST COVINA MUNICIPAL CODE, as amended Motion by Herfert and seconded by Wong to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None RFP Process Motion by Howard and seconded by Herfert to direct staff to develop Requests for Proposals for City Prosecutor services and contract Code Enforcement staffing addressing four components: a) complete replacement of current full time staff with contract staff, b) contracting for residential enforcement, c) contracting for commercial enforcement, and d) contracting for apartment en- forcement. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Melendez recessed the City Council meeting at 10:30 pm to convene the Redevelopment Agency. The City Council recon- vened at 10:40 pm with all members present. PARKING AUTHORITY Mayor Melendez recessed the City Council meeting at 10:41 pm to convene the Parking Authority. The City Council reconvened at 10:42 pm with all members present. • COMMUNITY SERVICES No reports for this meeting. 'POLICE DEPARTMENT 1) PURCHASE OF A REMOTE VIDEO Commander Dillon staff report. 7 Council Minutes of 4/21/98 • • E. T. Snell Mr. E. T. Snell, 2318 N. Cameron Avenue, spoke favorably of the proposal and noted that there were other technological products available to aid the Police in crime prevention. Councilmember Touhey suggested that staff review Prop A funds for park and ride surveillance. Video Surveillance System - Motion by Touhey and seconded by Howard to authorize Viper Industries staff to purchase the lowest bid remote video system from Viper Industries at a cost of $19,636 plus $1620 tax for a total cost not to exceed $21,256.00. Motion carried 5-0. Regarding Ephedrine 2) REQUEST FOR SUPPORT OF LEGISLATION AND A CITY ORDINANCE DEALING WITH THE SALES OF EPHEDRINE Commander Dillon presented the staff report. Motion by Touhey and seconded by Howard to direct staff to a) prepare a resolution in support of Senate Bill 1395 and b) draft an ordinance that will restrict the sales of certain quantities of cold medications that contain ephedrine or pseudo -ephedrine. Motion carried 5-0. ADMINISTRATIVE SERVICES No reports for this meeting. GENERAL ADMINISTRATION OFFICE OF THE CITY CLERK APPROVAL OF MINUTES PROCESS Procedure for Approving Minutes City Clerk Berry presented the staff report. Motion by Herfert and seconded by Touhey to adopt minutes using the Unanimous Consent method as suggested in Robert's Rules of Order. Motion carried 4-01 with Wong voting no. APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve Demands totaling $757,684.43 as listed on check registers FI 177212 through 177495. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None ABSTAIN: Touhey re Community Food Bank and the Rutan & Tucker check until he receives a ruling from the FPPC ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, reminded the audience to vote next Tuesday on Measure C and that information is available in the City Clerk's Office. E. T. Snell, 2318 N. Cameron Avenue, stated that he is a cable producer and director; and as such he wanted the Council's per- mission to aire the taping of the Distelrath hearing that was held in the Council Chambers. City Attorney Wynder stated that there were laws governing images. He also stated that Council was being asked by a citizen to take action on a matter that was not before them on the Agenda, a violation of the Brown Act. K, Council Minutes of 4/21/98 MAYOR'S REPORTS RESOLUTION IN SUPPORT OF AB 2194 — AIR POLLUTION: CLEAN FUELS TECHNOLOGY The City Council reviewed the staff report. City Clerk presented: Resolution 9562 - RESOLUTION NO. 9562 - A RESOLUTION OF THE • Supporting AB 2194 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SUPPORTING ASSEMBLY BILL 2194 (Washington) AIR POLLUTION: CLEAN FUELS TECHNOLOGIES Motion by Howard and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. COUNCILMEMBERS' REPORTS The City Council commended the Community Services Department for the excellent Easter Egg Hunt at Cortez Park. ADJOURNMENT Attest: City Clerk Janet Berry • Mayor Pro Tem Herfert requested staff to agendize the subject matter of a joint dinner meeting with all the commissioners. The City Council encouraged everyone to vote on Measure C at the special municipal election on Tuesday, April 28. Absentee voting may take place at the City Clerk's Counter. Motion by Howard and seconded by Herfert to adjourn the meeting at 11:15 pm. Motion carried 5-0. , 0