10-20-1998 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
OCTOBER 20,1998
• The regular meeting of the West Covina City Council was called to order by Mayor Melendez at 7:53
pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs
gave the invocation and Councilmember Touhey led the Pledge of Allegiance.
ROLL CALL Mayor Melendez, Mayor pro Tern Herfert, Councilmembers
Howard, Touhey, Wong
Others Present: Hobbs, Collier, Martyn, Collins, Samaniego, Pidgeon, Lantz,
Miyasato, McIsaac, Fong, Mayer, . Paul, Ellis, Schimanski,
Francis, Greene, Tucker, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of September 15, 1998
Regular meeting of October 6, 1998
PRESENTATIONS/PROCLAMATIONS
Co-chairs Mike Miller and John Hughes presented an update to
the Rose Float fundraising activities.
Mayor Melendez proclaimed October as DOMESTIC VIO-
LENCE AWARENESS MONTH and presented the proclamation
to Gaby Baquet, Legal Advocate for WINGS.
Out of deference to those in the audience, the Mayor changed the
order of the items for discussion and disposition for the evening.
Redevelopment Agency Mayor Melendez recessed the City Council meeting at 8:10 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 8:47 pm with all members present.
COMMUNITY SERVICES SHADOW OAK PARK DEVELOPMENT
Roller Hockey Rink
Skate Board Park
Community Services Director Collins presented the staff report.
Interim Assistant City Manager Collier answered questions
regarding the noise level study.
Shadow Oak Park Development Council requested more intensive notice to the residents
about the next community meeting to be held at the Shadow Oak
Park facility.
The following individuals addressed Council about the proposed
development at Shadow Oak Park:
• Eric Hass Eric Hass, P.O. Box 4, 91793, applauded Council on their
intention to provide a skate board park for the teens and spoke
favorably of alternative sports for them. He felt it was a
tremendous boost for the city. in developing a contemporary.
recreational facility.
Matthew Arellano Matthew Arellano, 3420 Bernadette court, supported the
concept, feeling it would be so much better than skate boarding
on the sidewalks in front of the neighborhood commercial
centers.
Council Minutes of 10/20/98
Steve Garcia
Steve Garcia, 3108 April Way, favored the skate board
park because there is no place to skate in the south end of West
Covina. He and his companions would follow the rules and
curfews set by the City. .
Armida Spurlock
Armida Spurlock, 3104 Greenleaf Court, was opposed to
•
the skate board park and suggested instead an indoor swimming
pool or a preschool.
Jeff Maynard
Jeff Maynard, 624 Rocking Horse Road, Walnut, stated
that there isn't a safe place to skate board. He noted that the pro-
posed site is away from homes and the other facilities located at
Shadow Oak Park.
Wilson Reed
Wilson Reed, 3045 Cecelia, was concerned about the
current weekend noise and the increased noise from additional
facilities. Would there be increased security? Who will run the
pro shop? What will be the hours of operation? Vandalism and
burglaries occur already in the area.
Naomi Arellano
Naomi Arellano, 117 Mockingbird Lane, spoke favorably
of the skate park as it will provide a safe and positive forum for
the youth to spend their free time. There is no other place for
them to go.
Rick Martin
Rick Martin, 3015 E. Cecelia Street, opposed the
expansion of Shadow Oak Park. He was concerned about the
trespassing on the slope currently happening and increased
vandalism. Other current problems in the area include lights in
the evening, noise, and dead landscaping.
Mark Guerrero
Mark Guerrero, 2545 East Temple Avenue, urged Council
to approve the skate board park. Skate boarding is his form of
exercise.
Josephine Heng
Josephine Heng, 2025 Carmen Street, noted that she was
not opposed to skate boarding, but doesn't want it where she
lives. She noted her concern for crime, trash, and noise already
being experienced from the park patrons. The park has changed
over the past nine years.
Charles Knotis
Charles Knotis, 378 Del Norte, Walnut, felt the skate
board park is very needed. There are places for baseball players,
hockey players, basketball players, and no place for the
skateboarders.
Portfirio Gonzalez
Portfirio Gonzalez, 3025 Cecilia, suggested that the skate-
boarders do have other places to skate, such as Puente Hills Mall.
A skate board park could be built at Cortez Park, at the BKK
Landfill site, or at Gingrich Park. He submitted a petition of 70
signatures in opposition to the expansion of Shadow Oak Park.
Tung Trinh
Tung Trinh, 2128 Art Place, spoke in opposition of the
proposal as it will cause a lot of problems for the neighborhood.
He felt staff was not working with the neighbors on this issue.
Gabriel Flores
Gabriel Flores, 3028 Cecelia Street, felt the skate board
park was a bad idea and suggested it be located at Nogales or
Wilson High School. She also suggested building a wall along
the perimeter of Shadow Oak Park to increase security for the
residents.
Robert Dang
Robert Dang, 3032 Cecelia Street, spoke in opposition to
the skate board park. His house has been broken into twice. The
•
skate board park will bring more people to Shadow Oak Park.
The skate boarders will have to skate through the neighborhood
to get to the park, causing more pedestrians on his street.
Janet Wong
Janet Wong, 3021 Cecelia Street, noted that the current
noise is already too loud. She felt that if Council wants to build a
skate board park, they need to build it somewhere else and not in
her neighborhood.
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Council Minutes of 10/20/98
Mei Wong Mei Wong, 3033 Ceclia Street, read the petition wording
of 40 signatures from her neighborhood opposing the proposed
expansion. She felt the BKK Landfill would be a much better
site.
Barbara McIntosh Barbara McIntosh, 3028 Cindy Street, noted that over the
• last nine years the park has become filled with trash. She felt it
would be disruptive to the neighborhood and the value of the
homes would go down:
Royal Brown Royal Brown, 2153 Aroma Drive, suggested various
abatement steps the City could take at this moment to address the
current problems being experienced by the homeowners. For
another site, he suggested looking at the area east of Galster Park.
Jesse Alderete Jesse Alderete, 2720 Amanda Street, noted that he lives
next to Nogales High School where the, band practices and his
family doesn't complaint about that noise.
Jeff Koyama Jeff Koyama, 438 Los Gatos Drive, made a couple of
suggestions: build a wall around the park so the neighbors feel
more secure and eliminate the pro shop to avoid loitering.
Council Discussion
Councilmember Touhey recommended that the next community
meeting be held at Shadow Oak Park. He requested staff to
report back to Council with a landscape plan and a cost analysis
to address some of the issues brought up by the residents in the
area.
Mayor Pro Tem Herfert thanked the speakers on both sides of the
issue for addressing Council. He acknowledged the residents'
concerns for safety and their property values. He believed the
skate board park is a good idea, but Shadow Oak Park is the
wrong location. The project started as $150,000 for a roller
hockey facility and has gone into somewhat of a monster at $1.7
million. There won't be enough money for the entire project. He
felt a skate board park is needed in the City and would like to
broaden the scope of the project to look into other locations.
Councilmember Howard suggested time be given to staff to
report back before the next community meeting with a plan to
address the concerns raised by the residents.
Councilmember Wong agreed with Mr. Herfert that we need to
have a better assessment of the needs in the community before
we spend $1.7 million, irrespective of location.
Councilmember Touhey clarified that a skate board park would
cost about $150,000. He noted the need to develop the lower
section of Shadow Oak Park, or perhaps selling the property for
additional housing.
Mayor Melendez reviewed the issues at hand, noting that the
location of the skate board park is the key.
isMotions
Motion by Wong and seconded by Herfert to receive and file the
report. Motion carried 5-0.
Motion by Touhey and seconded by Herfert to conduct a neigh-
borhood meeting at Shadow Oak Park for other improvements at
the park to address current concerns of the residents. Motion
carried 5-0.
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Council Minutes of 10/20/98
Motion by Herfert and seconded by Touhey for a staff report to
be brought back to the City Council regarding other available
sites in the south part of West Covina if possible, if not possible
anywhere in the City. Motion carried 5-0.
• Recess Mayor Melendez called a recess at 10:12 pm. The City Council
reconvened at 10:33 pm with all members present, except
Councilmember Touhey.
HEARING CODE AMENDMENT NO. 280 —
EXTENSION OF INTERIM ORDINANCE NO. 2009
INDOOR SWAP MEETS & INDOOR MULTI -TENANT
RETAIL USES
City Clerk verified the affidavit of publication. Mayor Melendez
opened the hearing and Acting Planning Director McIsaac
presented the staff report.
Public Testimonv Mayor Melendez opened the public testimony portion of the
hearing and asked for comments from the audience. There were
None no comments either in favor of or in opposition to the ordinance
extension. Mayor Melendez closed the public testimony portion
Testimony closed of the hearing.
City Clerk Berry presented
Ordinance 2023 - ORDINANCE NO. 2023 — AN INTERIM ORDINANCE
re Code Amendment 280 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, EXTENDING URGENCY ORDINANCE NO.
2009 ESTABLISHING A DEFINITION OF `INDOOR SWAP
MEET" AND "INDOOR MULTI -TENANT RETAIL CENTER"
AND ESTABLISHING A MORATORIUM ON THE SAME
' Motion by Herfert and seconded by Howard to waive
further reading of the ordinance and adopt. Motion carried by
roll call vote:
AYES: Herfert, Howard, Wong, Melendez
NOES: None
ABSENT: Touhey
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Personnel Commission 9/9/98
Planning Commission 10/13/98
Claims for Action (deny & notify claimant)
Farmers Insurance Group for J & J Williams
On July 1, 1998, the City Clerk's Office received a claim for
property damage amounting to $2,141.52.
• Barbara Sn
1, 199
On June 1998, the City Clerk's Office received a claim for
personal injury, the exact amount of which was unknown,
however, believed to be in excess of $10,000.
Oliver Jacobs IV
On July 21, 1998, the City Clerk's Office received a claim for
personal injuries amounting to $1,000,000.
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Council Minutes of 10/20/98
•
GP 99308 -
E. C. Construction
MP 98229 -
Aman Environmental Construction
Temporary Use Permits (receive & file)
TUP #2473-98 was issued to Choice Christmas Trees at 512 S.
Valinda for a pumpkin patch and sale of Christmas trees from
10/15 to 10/31/ and 12/3 to 12/24/98.
TUP #2474-98 was issued to Choice Christmas Trees at 143 N.
Barranca for a pumpkin patch and sale of Christmas trees from
10/15 to 10/31 and 12/3 to 12/24/98.
TUP #2475-98 was issued to Citrus Valley Medical — Queen of
the Valley at 1115 S. Sunset on 10/3/98 for the Neo-Natal
Birthday celebration.
TUP #2476-98 was issued to Wells Fargo Bank at 1000 Lakes
Drive for a company breakfast on 10/4/98.
TUP #2477-98 was issued to St. Christopher at 629 S. Glendora
for their annual fiesta on 10/2 to 10/4/98.
TUP #2478-98 was issued to California Collie Clan at Cameron
Park for a dog show on 10/11/98.
TUP #2479-98 was issued to Thacker Enterprises at 615 N.
Azusa for the sale of pumpkins and Christmas trees from 10/4 to
10/31/98 and 12/1 to 12/24/98.
TUP #2481-98 was issued to SGV Collie Club at Cameron Park
for a dog show on 10/10/98.
TUP #2482-98 was issued to Mike Steele at 744 S. Glendora for
sale of pumpkins on 10/9 to 10/31/98 and sale of Christmas trees
from 12/1 to 12/24/98.
TUP #2483-98 was issued to West Covina Nissan at 1840 E.
Garvey S. for a tent sale on 10/3 to 10/5/98.
City Treasurer's Report (receive & file)
Report for the month of August, 1998.
Award of Bids
GP 99308 — Fire Station 3 and Palmview Park
Parkin Lot of Repaving
Recommendation is to accept the bid of E. C. Construction,
South El Monte, in the amount of $64,865 as presented at the bid
opening on October 12, 1998, and to authorize the Mayor and
City Clerk to execute a contract for the work.
MP 98229 — Slope Repair at Hooper Drive
Recommendation is to take the following actions:
a) Appropriate $75,000 from the City's Risk Management
Reserve Fund to MP 98229.
b) Accept the bid of Aman Environmental Construction in
the amount of $58,000 as submitted at the bid opening on
October 8, 1998, and authorize the Mayor and City Clerk to
execute a contract for the work.
Miscellaneous — Police Department
Informational Report Concerning the BIA Grants
Recommendation is to receive and file the report.
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Council Minutes of 10/20/98
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Miscellaneous — Fire Department
Fire Department Records Management Systems
Recommendation is to authorize the transfer an appropriation of
$103,000 in Account 200-320-2181-6424 to Account 110-320-
3854-7900 for completion of Phase I of the Fire Department's
Records Management System and Automation.
• Miscellaneous — Personnel/Risk Management
Petition for Formal Recognition —
San Bernardino Public Employees' Association
Recommendation is to approve the Petition for Recognition from
the San Bernardino Public Employees' Association as meeting
the intent of Municipal Code Sections 2-213 through 2-215.
Transmission of Resolution Authorizing an Amendment to the
Contract Between the Board of Administration of the Public
Employees' Retirement System (PERS) and the City of West
Covina for Safety Employees (Police)
Recommendation is to adopt the following resolution:
Resolution 9628 - RESOLUTION NO. 9628 — A RESOLUTION OF THE
PERS amendment for Police CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINIS-
TRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA
Miscellaneous — Environmental Management
BKK Landfill Closure Plans — Status Report
Recommendation is to receive and file the report.
Miscellaneous — Public Works
MP 98229 — Hooper Drive Designation of City's Authorized
Agent(s) for FEMA Reimbursement Request
Recommendation is to adopt the following resolution:
Resolution 9629 - RESOLUTION NO. 9629 — A RESOLUTION OF THE
City's Agent for FEMA CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, DESIGNATING THE CITY'S AUTHORIZED
AGENT FOR EXECUTION OF DOCUMENTS FOR SUBMIT-
TAL TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA)
GP 98306 — Seismic Strengthening of Civic Center Parking
Structure Relocation of Suburban Water Utility Easement
Recommendation is to adopt the following resolution:
Resolution 9630 - RESOLUTION NO. 9630 — A RESOLUTION OF THE
Water easement at civic center CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A GRANT OF EASEMENT IN FAVOR OF
SUBURBAN WATER SYSTEMS
Capital Improvement Program and Building Activity Report —
Third Ouarter 1998
• Recommendation is to receive and file the report.
CONSENT CALENDAR MOTION Motion by Herfert and seconded by Melendez 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: Herfert, Howard, Wong, Melendez
NOES: None
.ABSENT: Touhey
2.
Council Minutes of 10/20/98
Councilmember Touhey returned at 10:40 pm.
PUBLIC WORKS
No reports for this meeting.
ENVIRONMENTAL MANAGEMENT
ATHENS SERVICES CURBSIDE RECYCLING
PROPOSAL FOR THE CITY OF WEST COVINA
Athens — Curbside Recycling Environmental Management Director Samaniego presented the
staff report.
Dennis Chiappetta, Chief Operating Officer of Athens Services,
presented his company's proposal for recycling and MRF/-
Transfer Services.
The following individuals addressed Council regarding this issue:
Iris Delameter Iris Delameter, 1212 E. Eckerman, suggested that the City
slowly get rid of the franchise fee because it eventually gets
passed down to the rate payers from Athens. She opposed the
rate structure as proposed by Athens for residential customers.
Calvin Caldwell Calvin Caldwell, 1344 S. Hillward Avenue, discussed a
"Pay as You Throw" program, questioned the longevity of the
franchise fee, and suggested that the City go competitive bid for
recycling services.
Michael Miller Michael Miller, 735 E. Herring Avenue, commented
about the year 2000 State mandated 50% diversionary goal and
the apparent threat of a $10,000/day fine for every day the City is
not in compliance. He noticed the proposal did not include a rate
structure for the sixty -gallon container nor backup data regarding
it. Community involvement is lacking throughout the process,
which is vital for its success. The proposal does not include cost
containment where residents can benefit from reducing the
production of waste. He submitted his written comments for the
record.
Dennis Chiappetta Mr. Chiappetta stated that Athens would be happy to have com-
munity meetings, just as soon as a program is in place. He also
stated that the California Weights and Measures has not approved
a "Pay As You Throw" program as a method for the company to
do business, so Athens offers the variable bin rate.
Mayor Pro Tern Herfert noted that the City has an opportunity to
go with state-of-the-art technology with the Athens proposal and
a consultant would help verify the numbers and negotiable items.
He favored a joint meeting with the, Waste Management/Environ-
mental Quality Commission. He recommended that a consultant
be hired as recommended by staff, and a joint meeting with the
Commission in 20 to 30 days with a final recommendation to the
City Council shortly thereafter.
Councilmember Touhey favored moving forward, but wanted
more justification for the numbers presented. He felt those who
produce more waste should pay more than those who
conscientiously produce less waste.
Councilmember Howard would like to look at all bin pickups,
residential and commercial, to see how much diversion we can
get if we do just a MRF program.
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Council Minutes of 10/20/98
Councilmember Wong added that Athens' MRF site is very
impressive and is certainly an alternative to disposing waste at a
landfill. He supported having an independent review of the pro-
posal. He would also like the consultant to look at the cost
factors involved with extending the evergreen period. He asked
for a clarification of the evergreen period and the five-year
• review. Mr. Chiappetta responded.
Motion by Herfert and seconded by Melendez to a) authorize the
City Manager to hire a consultant for a fee of $10,000.00, b)
conduct a joint meeting with the Waste Management/ -
Environmental Quality Commission, c) review the bin rate
proposal inclusive of the diversion rate, d) and review different
lengths of contracts versus the differing incremental costs.
Motion carried 5-0.
Recording Closed Sessions - Councilmember Touhey suggested that Item M-1 (Recording
Held Over Closed Sessions) be held -over until the next meeting, due to the
lateness of the hour.
Motion by Touhey and seconded by Howard to hold the
matter over until November 3, 1998. Motion carried 5-0.
REDEVELOPMENT AGENCY 1998 HOME APPLICATION (Refer to RDA Item HIl
Council reviewed the staff report.
City Clerk presented:
Resolution 9631 - RESOLUTION NO. 9631 — A RESOLUTION OF THE
1998 Home Application CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; AND THE EXECUTION OF A
STANDARD AGREEMENT AND ANY RELATED DOCU-
MENTS NECESSARY TO PARTICIPATE IN THE HOME
INVESTMENT PARTNERSHIPS PROGRAM IF SELECTED
FOR SUCH FUNDING
Motion by Touhey and seconded by Howard to waive
further reading of the resolution and adopt. Motion carried 5-0.
PUBLIC SAFETY No reports for this meeting.
CITY MANAGER CREATING A PUBLIC SERVICES DEPARTMENT
AND REVISION OF CLASS SPECIFICATIONS
City Manager Hobbs presented the staff report.
City Clerk presented:
Resolution 9632 - RESOLUTION NO. 9632 — A RESOLUTION OF THE
Approving class spec. revisions CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NOS. 9611 RELATING
TO MANAGEMENT COMPENSATION; 9346 RELATING TO
MID -MANAGEMENT COMPENSATION; AND RESOLU-
TION NO. 7223, AS AMENDED RELATING TO CLASS-
IFICATION AND COMPENSATION OF POSITIONS
Motion by Touhey and seconded by Howard to a)
approve the creation of a Public Services Department and b)
waive further reading of the resolution and adopt. Motion carried
5-0.
GENERAL ADMINISTRATION No reports for this meeting.
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Council Minutes of 10/20/98
•
APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve
Demands totaling $890,475.58 as listed on check registers
181074 — 181355. Motion carried by roll call vote:
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSTAIN: Touhey re Community Food Bank
ORAL COMMUNICATIONS
MAYOR'S REPORTS
No comments offered.
No reports for this meeting.
COUNCELMEMBERS' REPORTS
Action was taken earlier in the meeting to hold over the item
discussing the recording of closed sessions.
ADJOURNMENT
Attest:
City Clerk Janet Ben
Councilmember Touhey requested that a Resolution of Commen-
dation be prepared for presentation to Estaban Torres.
Motion by Howard and
meeting at twelve o'clock
Mayor Richard
by Herfert to adjourn the
Motion carried 5-0.
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