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02-16-1999 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL FEBRUARY 16, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Melendez at 7:50 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave the invocation and Councilmember Herfert led the Pledge of Allegiance. ROLL CALL Mayor Melendez, Mayor Pro Tern Herfert, Councilmember Howard, Touhey, Wong Others Present: Hobbs, Fields, Martyn, Chung, Collier, Garcia, Schimanski, Mayer, Fong, Kline, Morgan, Yauchzee, McDonald, Bommarito, Gardner, Wills, Berry APPROVAL OF MINUTES Councilmember Wong corrected the minutes of the special meeting of February 2, 1999 to reflect his abstention on one item during closed session and the City Clerk the correct spelling of Mr. Zama's name for the minutes of the regular meeting of February 2, 1999. The following minutes were approved as corrected: Special meeting of January 12, 1999 Special meeting of February 2, 1999 Regular meeting of February 2, 1999 PRESENTATIONS/PROCLAMATIONS Police Chief Wills introduced two new officers to the West Covina Police Department and Mayor Melendez administered the Oath of Office to them: Officer Anthony Cortina Officer Richard Bell With Police Chief Wills' assistance, Mayor Melendez presented Julie Hand with a Certificate of Appreciation for twenty-five years of service. She has been the crossing guard at Puente Avenue and Nora for her whole length of service. Mayor Melendez introduced Ken Burrows, President of the Tourn- ament of Roses Parade, who presented the City with a trophy for its participation in the 1999 Tournament of Roses Parade. With the Assistance of Ed Casanova, Steve Cox, and Steve Fish, Mayor Melendez presented certificates to the elementary school winners of the 75"' Anniversary essay and art contest: Tania Herrera Richelle Santa Ana Hannah Mc Nevin Anne Lai Terence Brown Jordan Carillo Caylene Wood Kimberly Sandoval Victor Ngo Daniel Richardson Khange Le Lidat Truong Myra Finkenhagen Nhat Nguyen Mayor Melendez presented certificates to those individuals born in 1923, although some were not in attendance: Lyn Baker Frances Mann Kathryn Blake Bea Morales Council Minutcs of 2/16/99 Lucelia Cronin John Rasmussen Ralph Hatch Norman Richman Pat Johann Gorden Sanders Arthur Knowles Betty Tarter Aldon Laird Ellen Williams Floramae Laird • Ralph Nixon Joseph Kowalski Arbor Day — 3/6/99 Mayor Melendez proclaimed March 6, 1999 as ARBOR DAY and presented the proclamation to Fran Andreozzi of West Covina Beautiful. Mayor Melendez introduced Bob Spencer, the new Executive Director of the West Covina Chamber of Commerce. City Manager Hobbs introduced his wife Irma and their three children: Jennifer, Barbara Ann, and Daniel. HEARING CODE AMENDMENT NO. 287 — MEMBRANE STRUCTURES City Clerk Berry verified the affidavit of publication and Mayor Melendez opened the hearing. City Planner McIsaac presented the staff report. Public Testimony Mayor Melendez opened the public testimony portion of the hearing and asked for comments from the audience. No one spoke in favor. Mayor Melendez then asked for comments in opposition. No one spoke in opposition; however, Mr. Norman Richman reminded Council of the medfly situation many years ago when Testimony closed homeowners covered their cars because of the medley spraying. In response to Councilmember Howard, Mr. McIsaac stated that a provision could be included regarding the exemption of membrane structures on a temporary basis. City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Code Amendment 287 CITY OF WEST COVINA, CALIFORNIA, AMENDING CER- TAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH REGULA- TIONS ON MEMBRANE STRUCTURES IN THE RESIDEN- TIAL AGRICULTURAL "R-A" AND SINGLE FAMILY RESIDENTIAL "R-l" ZONES IN THE CITY OF WEST COVINA (Amendment No. 287) Motion by Herfert and seconded by Howard to waive further reading of the ordinance, as amended, and introduce. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None • Recess Mayor Melendez recessed the City Council meeting at 8:33 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 8:45 pm and immediately recessed. At 8:53 pm Mayor Melendez called the City Council meeting back to order . and all members were present. 2 Council Minutes of 2/16/99 U CONSENT CALENDAR Written Communications .(none) Commissions' Summary of Actions (receive & file) Planning Commission . . . . . . . . . 2/9/99 Award of Bid GP 99301B — Jail Roof -Deck Leak Repair GP 99301B - Recommendation is to accept the bid of American Deck Systems American Deck Systems in the amount of $32,2000 as submitted at the bid opening on Feb. 9, 1999 and authorize the Mayor and. City Clerk to execute an agreement for the work to be done. Acceptance of Improvements/Release of Bonds GP 98306 — Seismic Strengthening of Civic Center Parking GP 98306 - Recommendation is to accept on -site improvements and release Custom Design & Construction Indemnity Company of California Bond No. 443461P in the amount of $9,200.00 subject to Notice of Completion procedures. Ordinances for Adoption (waive reading & adopt) ORDINANCE NO. 2027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTION OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PARKING REQUIREMENTS FOR GYMNASIUMS AND ATHLETIC CLUBS (Code Amendment No. 284) ORDINANCE NO. 2028 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO ACCESSORY COMMERCIAL USES OF SERVICE STATION SITES (Code Amendment No. 285) Miscellaneous — Public Services Funding of Legal Costs for Irell & Manella LLP for Amar-Nogales Amar-Nogales Litigation Costs Recommendation is to appropriate $100,000 from General Fund Reserves to Account No. 110-320-2660-6111. Miscellaneous — Fire Department Scheduling Software License Purchase Recommendation is to take the following actions: a) Declare PDSI the sole supplier of this product. b) Authorize the acquisition and installation of Telestaff, a Principal Decision Systems International (PDSI) automated staffing software product, at a cost not to exceed $15,581.00 for the first year. c) Authorize the Fire Chief to execute the agreement and renew annual maintenance agreement at his discretion. Miscellaneous — Environmental Management BKK Landfill Closure Plans Status Report Recommendation is to receive and file the staff report. Miscellaneous — Police Department 1) Resolution Approving the,Use of the OCJP Juvenile Block Grant with Los Angeles County District Attorney's Office Recommendation is to adopt the following: Resolution 9659 - RESOLUTION NO. 9659 — A RESOLUTION OF THE FOCUS Program CITY COUNCIL OF THE CITY OF WEST COVINA, 3 Council Minutes of 2/16/99 [7 CALIFORNIA, APPROVING THE USE OF JUVENILE ACCOUNTABILITY BLOCK GRANT FUNDS FOR THE F.O.C.U. S. PROGRAM 2) Appropriating the OCJP Domestic Violence Grant Recommendation is to take the following actions: a) Authorize the creation of a limited -service Victim Advocate position, to exist for the life of this grant. b) Authorize the appropriation of the grant award as follows: * $35,033into 142-304-2110-5113 * $35,720 into 142-304-2110-5112 * $5,600into 142-304-2110-7160 * $1;180 into 142-304-2110-6050 * $950 into 142-304-2110-6210 * $585into 142-304-2110-6212 * $3,682into 142-304-2110-7130 * $5,750 into 142-304-2110-6120 * $1,500 into 142-304-2110-6112 CONSENT CALENDAR MOTION Motion by Touhey and seconded by Melendez to waive further reading of the resolutions/ordinances and to adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None PUBLIC SERVICES END OF CONSENT CALENDAR RESOLUTION OF INTENTION TO ABANDON City Planner McIsaac presented the staff report. City Clerk Berry presented: Resolution 9660 - RESOLUTION NO. 9660 — A RESOLUTION OF THE Shakespeare Park CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING ITS INTENT TO ABANDON THE SHAKESPEARE PARK SITE AND SETTING THE DATE FOR A PROTEST HEARING REGARDING THIS MATTER Motion by Howard and seconded by Wong to waive further reading of the resolution and adopt. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY The RDA meeting was conducted earlier during the meeting. COMMUNITY SERVICES No reports for this meeting. • PUBLIC SAFETY - POLICE DEPARTMENT APPROPRIATING THE COPS SCHOOL -BASED PARTNERSHIP GRANT Police Chief Wills presented the staff report. COPS Grant Motion by Touhey and seconded by Herfert to authorize the appropriation of the grant award ($136,799 total) as follows: 2 Council Minutes of 2/16/99 • * $63,369 into 134-304-2110-5113 (WCPD Overtime, com- mitted to project) * $41,000 into 134-304-2110-5112 (Teachers' time com- mitted to project) * $2,571 into 134-304-2110-6050 (Travel/expenses to man- datory conferences) * $8,250 into 134-304-2110-6120 (CPTED Training, and Project Evaluation) * $11,559 into 134-304-2110-7160 (Supplies, including computers) * $10,050 into 134-304-2110-6270 (leftovers and Student Stipends) Motion carried 5-0. ADMINISTRATIVE SERVICES — PERSONNEL/RISK MANAGEMENT WEST COVINA POLICE MANAGEMENT ASSOCIATION MEET AND CONFER Assistant City Manager/Acting Personnel Director Fields presented the staff report, discussing this matter as well as the following two similar items. City Clerk Berry presented Resolution 9661 - RESOLUTION NO. 9661 - A RESOLUTION OF THE Police Management CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION; AMEND- ING RESOLUTION NO. 7223, RELATING TO COMPENSA- TION AND CLASSIFICATION OF POSITIONS AS AMEND- ED, AND FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE WEST COVINA POLICE MANAGEMENT ASSOCIATION; AND AMENDING RESO- LUTION NO. 6482, AS AMENDED, RELATING TO MANAGE- MENT SERVICES TRANSMISSION OF RESOLUTION PROVIDING CHANGES TO SALARIES AND BENEFITS FOR SPECI- FIED CLASSIFICATIONS OF PUBLIC SAFETY MANAGE- MENT EMPLOYEES Resolution 9662 - RESOLUTION NO. 9662 - A RESOLUTION OF THE Public Safety Management CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 9346, RELATING TO MANAGEMENT COMPENSATION; AND RESOLUTION NO. 7223, AS AMENDED, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS. TRANSMISSION OF RESOLUTION PROVIDING CHANGES TO SALARIES FOR SPECIFIED CLASSIFICA- TIONS OF MANAGEMENT EMPLOYEES Resolution 9663 - RESOLUTION NO. 9663 - A RESOLUTION OF THE Department Heads CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 9346, RELATING TO MANAGEMENT COMPENSATION; AND RESOLUTION NO. 7223, AS AMENDED, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS. Motion by Wong and seconded by Howard to waive further reading of the resolutions and adopt. Motion carried 5-0. G1 Council Minutes of 2/16/99 GENERAL ADMINISTRATION — CITY MANAGER'S OFFICE PROPOSED MANDATORY SOCIAL SECURITY FOR PUBLIC EMPLOYEES Administrative Analyst Pidgeon presented the staff report. • Councilmember Howard urged the community to oppose this federal mandate. City Clerk presented: Resolution 9664 - RESOLUTION NO. 9664 — A RESOLUTION OF THE Opposing mandatory Social Security CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, OPPOSING THE PROPOSED FEDERAL MANDATE FOR MANDATORY SOCIAL SECURITY PARTICIPATION FOR NEWLY HIRED EMPLOYEES OF STATE AND LOCAL GOVERNMENT AGENCIES Motion by Touhey and seconded by Howard to waive further reading of the.resolution and adopt. Motion carried 5-0. APPROVAL OF DEMANDS AND WIRE TRANSFERS Motion by Herfert and seconded by Melendez to approve Demands totaling $2,036, 941.43 (of which $1,171,883.93 was accomplished through wire transfers) as listed on check registers #183387 through #183679. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None ABSTAIN: Touhey re Community Food Bank ORAL COMMUNICATIONS Royal Brown Royal Brown, 2153 Aroma Drive, related his disappointment with the candidates' forum, feeling the contenders slung mud. E.T. Snell E.T. Snell, E.S.G. Valley community activist, stated that since the candidates' forum was aired on Channel 56 so should his Clown on the Town shows. He presented seven videos to Channel 56 for just that purpose. City Manager Hobbs noted that Channel 56 is both a public access channel and a municipal channel. The dual purpose of the channel is causing difficulty in airing programs and the current guidelines are vague and deficient. He,suggested a study session with the Council to review and revise the guidelines. Councilmembers Herfert and Touhey both stated that since the candidates' forum, sponsored by a political action committee, was permitted to be aired, then any other program should be aired. Councilmember Touhey requested an opinion from the City Attorney. Mike Miller Mike Miller, 735 E. Herring Avenue, submitted comments relative to the rate increase sought by Athens Disposal Services. Athens has not been responsive to the City's request for a variable container rate schedule. If Athens employs the single container collection system, then Athens controls the costs of collection. The individual resident would have no direct way to reduce his/her • monthly costs. COUNCILMEMBERS' REPORTS Councilmember Touhey requested a legal opinion regarding public access television. C31 Council Minutes of 2/16/99 Councilmember Howard recommended a letter be sent to the City of Los Gatos commending Police Chief Todd for receiving the highest award possible from the California Chiefs of Police Association. Police Chief Todd had been a member of the West Covina Police Department before he accepted the ' position with Los Gatos. • Councilmember Wong related a request from former Councilmem- ber Nancy Manners to announce that another Candidates' Forum will be conducted in the City Hall Council Chambers on February 24 at 7:00 pm. The League of Women Voters is sponsoring and moderating the forum. On another matter, Councilmember Wong noted that this is the Year of the Hare, celebrated by Chinese. Mayor Pro Tern Herfert stated that Charter Communications has sent notices to the residents increasing the cable rates. The.rate increase was not approved by the City Council, which is a require- ment of the franchise. He requested that this item be brought back to the Council as soon as possible. He also requested that the City Manager's comments from the last meeting regarding CATV be included in the report. Recess Mayor Melendez recessed the City Council meeting at 9:37 pm to relocate the City Council to the City Manager's Conference Room for a scheduled closed session. CLOSED SESSION Mayor Melendez commenced the closed session at 9:50 pm to discuss the following matter and Councilmember Wong stated that due to conflict of interest laws he would abstain from the discussion and vote on the issue: ADJOURNMENT Attest: • V City Clerk Janet Berry CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Hobbs, Collier, Tucker, Mayer (City of West Covina) Suburban Water Systems Pursuant to Government Code § 54956.8: Property: West Covina Water Systems Negotiating Parties: City of West Covina Suburban Water Systems Under Negotiation: Price and/or terms of payment The closed session concluded at 10:50 pm. Motion by Herfert and seconded by Touhey to adjourn the meeting at 10:50 pm. Motion carried 5-9� Mayor Richard 7