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12-15-1998 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL DECEMBER 15, 1998 The regular meeting of the West Covina City Council was called to order at 7:45 pm by Mayor Pro Tern Herfert in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Mayor Pro Tem Herfert gave the invocation and Councilmember Touhey led the Pledge of Allegiance. ROLL CALL Mayor Pro Tern Herfert, Councilmembers Howard, Touhey, Wong Absent: Mayor Melendez Others Present: Hobbs, Fields, Martyn, Collier, Samaniego, Panas, Greene, Keating, Tucker, Fong, Bommarito, Wills, Pidgeon, Tucker, Schimanski, Francis, Martinez, Berry APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of November 17, 1998 Special meeting of December 1, 1998 Regular meeting of December 1, 1998 PRESENTATIONS Co-chairs of the Rose Float Fundraising Committee, Michael Miller and John Hughes, announced and presented the Rose Float Riders: Float Riders Sponsors Dorothy Edwards S.G. V.Tribune: Paula Green Giselle Grouix Suburban Water: Mike Quinn Melissa Heredia Mr. & Mrs. Bill McIntyre Louis Holloway Mike Miller & Kevin Miller Rebecca Lattimer Carol Olson & Pat Jarvis Karen Ng SoCal Housing Dev.: Erin Hedges Mike Miller also introduced the representatives from AMC Theater who presented the City with a $5,000 check. The money was a result of a recent fundraiser at the theater for the purposes of off- setting the cost of the Rose Float. Mayor Pro Tern Herfert presented Interim Personnel Director Kermit Francis with a Certificate of Recognition for stepping in as Personnel Director for the City over the last.year. CONSENT CALENDAR Written Communications (none received) Commissions/Summary of Actions (receive & file) Planning Commission . . . . . . . . . 12/8/98 Claims for Action (deny & notify claimant) On September 3, 1998, the City Clerk's Office received a claim from Ramon Alvarez for property damage. The amount had not been determined at time of presentation. Temporary Use Permits (receive & file) TUP 42490-98 was issued to Keyboard Country, 210 North Sunset Avenue, for a parking lot sale on 11/27/98 to 11/29/98. Council Minutes of 12/15/98 • GP 98306 - OES Form 130 Resolution 9643 Resolution 9644 - Deferred Comp. amendment Resolution 9645 1999 Business License Tax Award of Bids Educational and Recreational Bus Transportation Recommendation is to accept the bid of. Alta Loma Charter for recreational bus transportation services and the bid for educational transportation services from Four Winds/Northstar for December 1, 1998 through June 30, 1999. The contracts will be based on the specifics of each proposal, not to exceed $2,000 per trip. Miscellaneous — Public Services Seismic Strengthening of Civic Center Parking Structure Reso- lution Desi natin the City's Authorized Agents Recommendation is to adopt the following resolution: RESOLUTION NO. 9643 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, THAT THE BUILDING OFFICIAL SHANNON YAUCHZEE, CITY ENGINEER THOMAS MAYER, OR PUBLIC SERVICES DIRECTOR JEFFREY COLLIER ARE HEREBY AUTHORIZED TO EXECUTE FOR AND IN BE- HALF OF THE CITY OF WEST COVINA, A PUBLIC ENTITY ESTABLISHED UNDER THE LAWS OF THE STATE OF CALIFORNIA, THIS APPLICATION AND TO FILE IT IN THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANT UNDER P.L. 93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSIS- TANCE ACT OF 1988, AND/OR STATE FINANCIAL ASSIS- TANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT Miscellaneous — Finance Department Amendment to the Deferred Compensation Plan Recommendation is to a) adopt the following resolution, b) establish the City as the Plan Trustee, c) authorize the Finance Director to execute the Declaration of Trust, and d) appropriate $500 of general fund reserves to 110-304-2530-6210 to cover the increased costs of Plan Administration. RESOLUTION NO. 9644 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING IN ITS ENTIRETY, THE AMENDED DEFERRED COMPENSATION PLAN DOCUMENT FOR THE CITY OF WEST COVINA, AND DESIGNATING A PLAN ADMINISTRATOR 1999 Business License Fees Recommendation is to adopt the following resolution suspending certain CPI increases and portions of the business license tax: RESOLUTION NO. 9645 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SUSPENDING ANY INCREASE IN THE AMOUNT OF CHARGES RELATING TO BUSINESS LICENSE TAX FOR THE CALENDAR YEAR COMMENCING JANUARY 1, 1999, SUSPENDING A PORTION OF THE BUSINESS LICENSE FEE FOR CATEGORY A -II COMMERCIAL PROPERTY RENTAL, AND SUSPENDING ALL OF THE BUSINESS LICENSE TAXES IMPOSED UNDER SECTION A -III COMMERCIAL RENTALS, AND A PORTION OF THE BUSINESS LICENSE TAXES IMPOSED AND CATEGORY S-(26) SMALL COLLEC- TING FACILITIES AND REVERSE VENDING MACHINES AND CONFIRMING THE BUSINESS LICENSE TAX RATES Pa Council Minutes of 12/15/98 • Miscellaneous — Environmental Management BKK Landfill Closure Plans Status Report Recommendation is to receive and file the report. City Treasurer's Report (receive & file) Report for the month of October, 1998. CONSENT CALENDAR MOTION Motion by Touhey and seconded by Howard 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, Touhey, Wong NOES: None ABSENT: Melendez PUBLIC SERVICES PLANNING DEPARTMENT PROPOSED REVISION TO 13KK CLASS III LANDSCAPE PLAN BKK Site Landscaping Public Services Director Collier presented the staff report and responded to Councilmember Wong's question regarding the land- scaping at Puente Hills that we would like to duplicate at BKK. Mr. Collier stated that the City has requested BKK to answer that same question and as yet, no response has been received. Royal Brown Royal Brown, 2153 Aroma Drive, felt hydro -seeding on the south slope at BKK does not work well because of direct sunlight. Motion by Howard and seconded by Touhey to take the following actions: a) Authorize the City manager to transmit a letter setting forth the City's position relative to further modifications to BKK's proposed revision to the Class III landscape plan; b) Direct staff to work with BKK staff to comply with the intent of the landscape provisions of the 1996 Settlement Agreement. Motion carried 4-0. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY Mayor Pro Tent Herfert recessed the City Council meeting at 8:20 pm to convene the Redevelopment Agency. The City Council re- convened at 8:26 pm with all members present, except Mayor Melendez. APPROVAL OF LESSOR ESTOPPEL CERTIFICATE RE: WEST COVINA LAKES West Covina Lakes Councilmember Wong stated that he would abstain from the dis- cussion and vote on this issue, due to conflict of interest laws. Mayor Pro Tern Herfert stated that this was a companion item to the one on the Redevelopment Agency' Agenda. Motion by Howard and seconded by Touhey to a) approve Lessor Estoppel Certificate (City — WCLA Lease), b) approve Notice of Exercise of Option to Extend Term of Lease, and c) authorize the Mayor to execute the necessary documents. Motion carried 3-0-1 with Wong abstaining. 3 Council Minutes of 12/15/98 • Recess Mayor Pro Tern Herfert called a recess at 8:27 pm. The City Council reconvened at 8:33 pm with all members present, except Mayor Melendez. COMMUNITY SERVICES No reports for this meeting. FIRE DEPARTMENT JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER JPA re Disaster Responsiveness Fire Chief Greene presented the staff report. He introduced Brenda Hunemiller, Area "D" Director, who was available to respond to questions and comments. 1 Councilmember Howard requested that the Police Chief be appointed alternate to the Board, if possible, as both departments are responsible for protecting the City in case of disaster. Fire Chief Greene said that is possible and that Battalion Chief Janis should also remain as an alternate. Because the position is actually a training position, it is more strategic to assign the Battalion Chief to assume those duties. Motion by Wong and seconded by Touhey to authorize the Fire Chief to execute a Joint Powers Agreement with Los Angeles County and all Area "D" cities within the County to provide for inter -agency cooperation in major natural and man-made disasters and appoint him as representative to the board, appoint Police Chief Wills as alternate and Battalion Chief Janis as backup. As clarification, Councilmember Wong noted that when there is a vote to be taken on the board, the Fire Chief would be the designated voter and in his absence the Police Chief would cast the City's vote. Motion carried 4-0. ADMINISTRATIVE SERVICES PERSONNEL SERVICES WEST COVINA POLICE OFFICERS' ASSOCIATION — MEET AND CONFER City Manager Hobbs recommended holding this over until the next meeting, as agreement had not yet been reached on some of the MOU language. Motion by Howard and seconded by Touhey to hold over the matter until the next council meeting. Motion carried 4-0. GENERAL ADMINISTRATION CITY MANAGER REVIEW AND DISCUSSION OF CABLE TELEVISION ISSUES City Attorney Marlyn outlined the City's position under the law, without disclosing anything that might be discussed in closed session. There is a dispute over the City's ability to approve the transfer of the cable system to Paul Allen from Charter Communications. The advice of the City Attorney was to maintain the status quo for the time being. Mark Armbruster Mark Armbruster, Charter Communications' legal representative, respectively disagreed with the position taken by the City Attorney. He was hopeful that the issues would be resolved. 2 Council Minutes of 12/15/98 Mayor Pro Tern Herfert was advised by the City Attorney that no action was necessary at this point. APPROVAL OF DEMANDS AND WIRE TRANSFERS • Motion by Herfert and seconded by Howard to approve Demands and Wire Transfers totaling $2,138,972.55 as listed on check registers 182213 through 182464. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong NOES: None ABSENT: Melendez ABSTAIN: Touhey re Community Food Bank ORAL COMMUNICATIONS No.comments were offered. MAYOR'S REPORTS No reports for this meeting. COUNCILMEMBERS' REPORTS PORTABLE AUTOMATIC HEART DEFIBRILLATORS Councilmember Touhey brought forth this item for thorough review by the Police Chief. Councilmember Wong suggested that 911 calls be reviewed as well to determine the number of times a heart defibrillator would have been used. Colleen Janssen Colleen Janssen, 224 N. Sunkist Avenue, suggested that both the Fire Chief and the Police Chief review the very best way to utilize the $90,000. City Manager Hobbs stated a staff report would be agendized in the near future. Mayor Pro Tem Herfert Mayor Pro Tern Herfert requested a staff report addressing the status of the crossing guards and any needs they may have, particularly in reference to the possibility of a digital camera. Councilmember Touhey Councilmember Touhey reported on the success of the tree lighting ceremony and Saturday's Winterfest. The Councilmembers wished thecitizens of West Covina Happy Holidays and reminded them 4o watch for the City's float (75a' entry) on January 1, 1999 during the Rose Float Parade. ADJOURNMENT Motion by Howard and sef#nded by Herfert to adjourn the meeting at 9:00 pm. Motion carrie 4-0. • Attest: le V City Clerk Jane(Ber_ry 5