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06-02-1998 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 2, 1998 • The regular meeting of the West Covina City Council was called to order at 7:30 p.m. by Mayor Melendez in the Council Chambers, City Hall, 1444 West Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by Councilmember Howard, and the invocation was offered by Interim City Manager Glover. ROLL CALL Mayor Melendez, Mayor Pro Tern Herfert, Councilmembers Howard, Touhey, Wong Others Present Glover, Collier, Buchanan, Mayer, Wynder, Pidgeon, Samaniego, Francis, Collins, Bommarito, Tucker, King, Dillon, Hauser, Palkhiwala, Heieck, Fong, Yoshizaki, Janis, Green APPROVAL OF MINUTES The minutes of the special and regular meetings of May 19, 1998 were approved as presented. PRESENTATIONS/PROCLAMATIONS Proclamations Mayor Melendez presented a proclamation to John G. Tulio and Linda Santos in honor of the Centennial of Philippine Independence. Mayor Melendez presented a proclamation to Melody Yu (Rowland Unified School District), Dr. Ronald Leon (Superintendent - Rowland Unified School District) and Catherine Carter (Principal Hollingworth Elementary School) in recognition of Hollingworth Elementary School being named a California Distinguished School. Mayor Pro Tem Herfert recognized Mr. Cimino and the students of his Government class at West Covina High School. Mr. Herfert conducted a brief question and answer session to address students' concerns about conditions in the community. Mr. Ed Casanova, 75' Anniversary Executive Committee, extended invitations to the Council to participate in the opening ceremonies of West Covina's Diamond Jubilee Weekend. COMMUNITY SERVICES ROLLER HOCKEY AND SKATEBOARD PARK AT SHADOW OAK PARK Roller Hockey & Skateboard Park Community Services Director Cindy Collins presented the at Shadow Oak Park staff report. Councilmember Wong expressed concern • regarding the relocation of the basketball court. The court was dedicated to a victim of a tragic death and Mr. Wong noted that he would like to get the family's input on the relocation. Public Comments Mayor Melendez received comments from the following citizens: City Council Minutes June 2, 1998 • In Favor Jason Guadalajara, 725 Valinda Avenue Caesar Alvarado, 318 Hambledon David Doyle, 1901 E. Amar Rd., #121 Steve Garcia, 3108 April Way Robert Gutierrez, 17013 Sam Gerry Dr., LaPuente Katherine Davis, 2656 Stonehaven Place Steve Rodriguez, 214 N. Shadydale Council Comments All Councilmembers expressed their support of the project, with Councilmember Howard reminding the youths to be mindful of their responsibilities to the upkeep of the park and to the community and to always display safe behavior. Council Action Motion by Howard, seconded by Herfert to take the following actions: a) Ratify the appropriation transfer of $10,000 from the Azusa Median Project (152-320-2728- 7200) to the Shadow Oak Roller Hockey Project (152-320-3870-7900) and transfer an additional $3,500 from the Azusa Median Project to the Shadow Oak Roller Hockey Project to complete the required grading plans. b) Authorize staff to include the concept of a skateboard park in the Community Services Commission Public Meeting on June 9, 1998. Motion carried 5-0. HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 West Covina LMD No. 4 Deputy City Clerk Buchanan verified the affidavit of publication and Mayor Melendez opened the hearing. The staff report was presented by Acting Public Works Director Mayer. Public Testimony Mayor Melendez opened the public testimony portion of the hearing. Deputy City Clerk Buchanan 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 Testimony closed the hearing. Deputy City Clerk presented: Resolution 9576 - RESOLUTION NO. 9576 - A RESOLUTION OF WCLMD NO. 4 THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1998. (West Covina Landscape Maintenance District No. 4) Council Action Motion by Touhey, seconded by Howard to waive further reading of the resolution and adopt. Motion carried 5-0. min06.02 2 City Council Minutes June 2, 1998 • HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 West Covina LMD No. 6 Deputy City Clerk Buchanan verified the affidavit of publication and Mayor Melendez opened the hearing. The staff report was presented by Acting Public Works Director Mayer. Public Testimony Mayor Melendez opened the public testimony portion of the hearing. Deputy City Clerk Buchanan 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 Testimonyclosed losed the hearing. Deputy City Clerk presented: Resolution 9577 - RESOLUTION NO. 9577 - A RESOLUTION OF WCLMD NO. 6 THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1998. (West Covina Landscape Maintenance District No. 6) Council Action Motion by Howard, seconded by Touhey, to waive further reading of the resolution and adopt. Motion carried 5-0. HEARING WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 West Covina LMD No. 7 Councilmember Wong noted that he would abstain from discussion and vote on this item due to a conflict of interest. Deputy City Clerk Buchanan verified the affidavit of publication and Mayor Melendez opened the hearing. The staff report was presented by Acting Public Works Director Mayer. Public Testimony Mayor Melendez opened the public testimony portion of the hearing. Deputy City Clerk Buchanan 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 Testimony closed the hearing. Deputy City Clerk presented: Resolution 9578 - RESOLUTION NO. 9578 - A RESOLUTION OF WCLMD NO. 7 THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANT FACILITIES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1998. (West Covina Landscape Maintenance District No. 7) min06.02 3 • City Council Minutes June 2, 1998 Council Action Motion by Howard, seconded by Touhey, to waive further reading of the resolution and adopt. Motion carried 4-0-1 with Wong abstaining. CONSENT CALENDAR Written Communications (none received) Commissions/Summary of Actions (receive & file) Community Services Commission 5/12/98 Senior Citizens' Commission 5/14/98 Waste Mgmt./Env. Quality Commission 5/21/98 Personnel Commission 5/13/98 Temporary Use Permits (receive & file) TUP #2450-98 was issued to the Chamber of Commerce, 200 S. Glendora for a petting zoo on 5/2/98. TUP #2451-98 was issued to Compassion Network for a Walk-A-Thon on 5/16/98. TUP #2454-98 was issued to K-Mart at Cameron & Orange Avenues for a sales event on 5/22/98 to 6/7/98. TUP #2455-98 was issued to Lions Club at Edwards Theater on 5/26 & 5/27/98 for a fundraiser. Traffic Committee Minutes (receive & file) Minutes of May 19, 1998 Ordinance for Adoption (waive reading & adopt) Ordinance 2015 - ORDINANCE 2015 - AN ORDINANCE OF THE CITY Ephedrine Purchases COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE TO ADD CHAPTER 15, ARTICLE XII, (SECTIONS 15-300 ET SEQ.) REGULATING EPHEDRINE PURCHASES. Award of Bids Rodent Control Contract Rodent Control Contract Recommendation is to reject all bids and authorize the Public Works Director to re -advertise the work. _Award of Bid for Painting of Shuttle Buses Painting Shuttle Buses Recommendation is to award the bid to Truxign of Walnut Truxign for painting and detailing the City's shuttles in the amount of $16,898.20, using Council approved Design "A". Miscellaneous - Public Works SP-96107 - Vincent Avenue Bus Turnout - Approval of Plans and Specifications SP-96107 - Recommendation is to a) Authorize the expansion of scope Plans & specs approved SP-96107 to include Vincent Avenue between West Covina Parkway and Lakes Drive; b) Authorize the purchase of the necessary right-of-way in the form of an easement for street and highway purposes from the City of West Covina Redevelopment Agency for $38,829; and c) Approve the plans and specifications for SP-96107 and authorize the City Engineer to call for bids. min06.02 City Council Minutes June 2, 1998 • Miscellaneous - City Clerk's Office Destruction of Certain Documents as Prescribed by Law Recommendation is to adopt the following resolution: Resolution 9579 - RESOLUTION 9579 - A RESOLUTION OF THE Document Destruction CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW. Miscellaneous - Personnel Department Transmission of Ordinance Authorizing the Correction of an Error in the Contract Between the Board of Administration of the Public Employees' Retirement System (PERS) and the City of West Covina Relating to Miscellaneous Members Only Ordinance introduction Recommendation is to introduce the following ordinance PERS entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF WEST COVINA. Transmission of Ordinance Authorizing an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement Systems (PERS) and the City of West Covina for Safety Employees (Police) Ordinance introduction - Recommendation is to introduce the following ordinance Military Service Credit AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF WEST COVINA. Miscellaneous - City Manager's Office Increase in Annual Dues for San Gabriel Valley Council of Governments SGV Council of Governments Recommendation is to approve the $7,816 increase in dues for the San Gabriel Valley Council of Governments and authorize its inclusion within the City's FY 98/99 budget using AB2766 funds. Los Angeles County Fair Banner Program L.A. County Fair Recommendation is to approve the installation of Los Banner Program Angeles County Fair banners along Garvey Avenue North extending from the former Executive Lodge to Vincent Avenue. Resolution Supporting the Reopening of Highway 39 Resolution 9580 - Recommendation is to adopt the following resolution: Supporting Highway 39 RESOLUTION 9580 - A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING THE COMPLETE REOPENING OF min06.02 City Council Minutes June 2, 1998 • CONSENT CALENDAR MOTION HIGHWAY 39 BETWEEN THE CITY OF AZUSA AND ANGELES CREST HIGHWAY 2. Motion by Wong, seconded by Touhey, to waive further reading of the ordinances/resolutions and introduce/adopt, as applicable, and to approve all other items listed. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melende2 NOES: None RECESS Mayor Melendez recessed the City Council meeting at 8:34 p.m. The City Council reconvened at 8:45 p.m. with all members present. PUBLIC WORKS No reports for this meeting. ENVIRONMENTAL MANAGEMENT DEPARTMENT No reports for this meeting. COMMUNITY DEVELOPMENT SERVICES BKK CLASS I SCREENING PLAN BKK Class I Screening Plan Mayor Pro Tent Herfert noted that he would abstain from discussion and vote on this item due to a conflict of interest. Interim Assistant City Manager Collier presented the staff report. Mr. Allen Tuntland, Project Coordinator for BKK Corp., supplemented the staff with an exhibit of the proposed screening plan. After a short discussion on the number and placement of trees, Council took the following action: Motion by Howard, seconded by Touhey to grant the requested deferral for a period of one year (until June 2, 1999) with the following conditions: a) Complete installation of the required tree screening per the November 8, 1996 screening plan within 90 days to the point where a conflict would occur with the alignment of the proposed road. b) Boxed trees currently stored at the landfill shall be put into place to screen the most highly exposed areas per a plan approved by the Planning Director. Said plan shall indicate the number, type, location, and spacing of proposed trees, include provisions for repairing and upgrading the size of existing boxes as necessary, and provisions for a temporary irrigation system. Said plan shall be submitted by June 30, 1998 and placement of the trees shall be completed within 30 days following approval of the plan by the Planning Director. c) At the end of the one-year deferral period, BKK may, if necessary, request that the City Council grant a further reasonable extension of the deferral based on circumstances that exist at that time. In the event that no extension is requested by the end of the one-year deferral period, or in the event that the requested extension is denied, BKK shall complete installation of the required tree screening min06.02 11 City Council Minutes June 2, 1998 • per the November 6, 1996 plan within 90 days of the applicable date. d) If the proposed roadway is approved during the term of this approval or any subsequent extension, BKK shall maintain the trees in place until such time as construction commences. Additionally, if the proposed roadway is denied during the term of this approval or any subsequent extension, BKK shall complete installation of the permanent trees and irrigation plan per the November 6, 1996 plan within 90 days of the Council's final action. Motion carried 4-0-1 with Councilmember Herfert abstaining. REDEVELOPMENT AGENCY Mayor Melendez recessed the City Council meeting at 9:25 p.m. to convene the Redevelopment Agency. The City Council reconvened at 9:45 p.m. with all members present. PUBLIC SAFETY FIRE DEPARTMENT LETTER FROM COLE-SCHAEFER AMBULANCE COMPANY Response to Cole -Schaefer Fire Chief Greene responded to the questions stated in the letter received from Cole -Schaefer. Public Comments Doug Emslie, American Medical Response, stated that (according to data collected by AMR) two ambulances Doug Emslie would not provide enough coverage for the City of West Covina. He also noted that if both proposed City ambulances are out and the City needs outside backup, the revenues will not reflect those projected by the Fire Department. Mr. Emslie also provided statistics on turnaround times for transport to various hospitals in the area. Wayne Eggleston Wayne Eggleston, 2141 Larkwood, expressed his concerns regarding personnel for the proposed ambulance service. He also questioned how a medic would return to post after transporting to a distant medical facility. Chief Greene responded that there are a number of ways for the medic to return. Example: Cab vouchers. Fran Dowling Fran Dowling, Cole -Schaefer Ambulance, began Cole -Schaefer Ambulance his presentation by reading a letter from James McNeal (President of Cole -Schaefer Ambulance), dated May 29, 1998. He then proceeded with a PowerPoint presentation, during which emphasis was placed on the following issues: • Status of RFP • Response times • Subscription Fees • Maximum County Rate • Coverage area for 2 ambulances Mr. Dowling then requested that the City reconsider their May 5' action, and recommended that the City Council return to its previous decision on not entering into the ambulance business but rather explore a private partnership. min06.02 7 City Council Minutes June 2, 1998 Council questions/discussion Councilmember Touhey questioned the "reverse condemnation" mentioned in Mr. McNeal's letter. Mr. Dowling then made a reference to a recent Orange County case and explained that the term was not meant to be a threat. • Mayor Pro Tern Herfert asked how many ambulances does Cole -Schaefer have in the City at one time. It was concluded that there are at least 2 dedicated units in the City at all times. Councilmember Wong questioned the calculation used by Cole -Schaefer to determine the availability of units. Mayor Melendez asked Chief Greene how does he anticipate the "backup" situation will be handled. Chief Greene responded that it will be handled by either AMR or Cole -Schaefer; or from any other SGV Fire Departments that have their own ambulance service. A lengthy discussion ensued regarding backup services. Councilmember Howard asked for clarification on Article 1313, Section 8c of the California State Constitution. City Attorney Wynder responded with the explanation. Ms. Howard then asked Chief Greene for assurances that the City is not in violation of the State Constitution. Councilmember Touhey requested copies of all correspondence to Schaefer and AMR regarding their inadequate response times. Mayor Pro Tern Herfert noted that he would like to move forward with the proposed ambulance service, noting that it seems to be working for some other cities and commended staff for their research efforts and time spent on the issue. Councilmembers Touhey, Howard and Wong requested further information and figures on the proposed plan. Council Action Motion by Touhey, seconded by Wong to take the following actions: a) Receive and file the staff report; and b) Not to issue the 6-month cancellation notice to Cole -Schaefer Ambulance and AMR. Motion carried 3-2 with Mayor Melendez and Mayor Pro Tern Herfert voting no. ADMINISTRATIVE SERVICES FINANCE DEPARTMENT O LEGAL FEE AUDIT — REQUEST FOR PROPOSAL Legal Fee Audit Finance Director Tucker made the staff presentation. Councilmember Wong suggested that the Finance staff contact Independent Cities Association for additional references. Councilmember Howard noted that she would not be in agreement with an RFP that hired under a min06.02 8 City Council Minutes June 2, 1998 contingency fee. She suggested that tort attorneys and workers' compensation attorneys be included in the audit. City Attorney Wynder suggested that Council invite comments from the firms to be audited on the scope and language of the RFP. • Council Action Motion by Herfert, seconded by Touhey to prepare the Request for Proposal for the Legal Fee Audit to include all legal service providers. Motion carried 4-1 with Councilmember Howard voting no. GENERAL ADMINISTRATION No reports scheduled for this meeting. APPROVAL OF DEMANDS Motion by Herfert, seconded by Melendez to approve demands totaling $665,622.91 as listed on check registers #178260 through #178527. Motion carried by roll call vote: AYES:Herfert, Howard, Touhey, Wong, Melendez NOES: None ORAL COMMUNICATIONS John Scheuplein, Personnel Commissioner, 1520 E. Newcrest Drive, spoke on the handling of the Risk Management Review. He noted that the findings of that review were not made available to the Personnel Commission in a timely fashion. In addition, Mr. Scheuplein made suggestions regarding early retirement of employees and the relationship between the City Council and Commissions. Councilmember Touhey left at 12:02 a.m. MAYOR'S REPORTS 1) REQUEST BY CITY OF SANTA CLARITA TO SUPPORT ESTABLISHMENT OF THE LOS ANGELES COUNTY DIVISION COMMISSION LA County Division Commission Interim Assistant City Manager Collier presented the staff report. Motion by Wong, seconded by Howard to receive and file the report. Motion carried 4-0. Councilmember Touhey returned at 12:07 a.m. RECESS Mayor Melendez recessed the City Council meeting at 12:08 a.m. The City Council reconvened at 12:15 a.m. with all members present except Mayor Pro Tern Herfert. 2) SUBCOMMITTEES FOR THE SELECTION OF COMMISSIONERS Subcommittees for The City Council reviewed the staff report. Commissioners Selection Councilmember Howard suggested that the sub- committees remain as they were during the last selection process. Motion by Howard, seconded by Touhey to keep subcommittees the same as last year. Motion carried 4-0. min06,02 0 City Council Minutes June 2, 1998 • 3) Repeal of Vehicle License Fee COUNCILMEMBERS' REPORTS ASSEMBLY BILL 1776 — REPEAL OF THE VEHICLE LICENSE FEE The City Council reviewed the staff report. Motion by Wong, seconded by Touhey to hold this item over. Motion carried 4-0. ESTABLISHMENT OF A CITY RELATIONSHIP WITH YANCHENG, JIANGSU, PEOPLES REPUBLIC OF CHINA Yancheng, Jiangsu Administrative Analyst Pidgeon presented the staff report. Councilmember Wong noted that he feels it is premature to endorse a relationship with a given city. Motion by Wong, seconded by Melendez to receive and file the report and to direct staff to contact a core group of citizens that has an interest in developing a relationship. Motion carried 3-1 with Councilmember Howard voting no. ADJOURNMENT ATTEST: City Clerk Janet Berry Motion by Melendez, seconded by Howard to adjourn the meeting at 12 min06.02 10