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04-06-1999 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL APRIL 6, 1999 • The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:34 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Dr. Kundan Peter of West Covina United Methodist gave the invocation and Councilmember Herfert led the Pledge of Allegiance. ROLL CALL Mayor Howard, Mayor Pro Tern Melendez, Councilmembers Herfert, Touhey Absent: Councilmember Wong Others Present: Hobbs, Fields, Samaniego, Greene, Bommarito, Garcia, Chung, McIsaac, Fong, Wills, ,Schimanski, Tucker, Martyn, Collier, Pidgeon, Berry APPROVAL OF MINUTES The following minutes were approved as presented: Regular meeting of March 16, 1999 Special meeting of March 23, 1999 PROCLAMATIONS/PRESENTATIONS Mayor Howard proclaimed the month of April as APRIL POOLS MONTH and presented the proclamation to Fire Chief Greene. Firefighter Steve Wilch discussed the Fire Department's Drowning Prevention Program. . Joe Ayer, Donor Recruitment Representative of the American Red Cross presented the City with the 1999 Red Cross perpetual Mayor's Cup. The award was in recognition of the most pints of blood donated by a municipal organization in the San Gabriel Valley. Gilbert Salinas, West Covina Wheelchair Basketball representa- tive, invited the City Council and citizens to attend the first West Covina Wheelchair Basketball Team's charity game. The Wheelchair Basketball Team will play members of the West Covina Police Department. The game is scheduled for April 16`h at 6:00 pm at the West Covina High School. Mayor Howard presented a plaque to Mayor Pro Tern Melendez for his services to the community as Mayor during 1998/99. HEARING WEED ABATEMENT 1999 City Clerk Berry verified the affidavit of mailing. Motion by Herfert and seconded by Touhey to receive and file the affidavit. Motion carried 4-0. • Mayor Howard opened the hearing and Fire Chief Greene presented the staff report. Public Testimony Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had none been received. Mayor Howard asked for verbal comments and no one addressed the City Council. Mayor Howard closed the public Testimony closed testimony portion of the hearing. Council Minutes of 4/6/99 Motion by Herfert and seconded by Touhey to order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 9665. Motion carried 4-0. • HEARING ABANDONMENT OF SHAKESPEARE PARK SITE City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and the staff report was presented by. City Planner McIsaac. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for comments, first in favor of the abandonment and none then in opposition to it. No one addressed the City Council and Testimony closed Mayor Howard closed the public -testimony portion of the hearing. Councilmember Herfert stated that the money received through the sale to a developer should be expended in parks and Mayor Pro Tem Melendez felt the money should stay in the south side of the City. Public Services Director Collier noted that that concept was in keeping with Council's desire several months ago when the subject matter of abandoning the site was first broached. City Clerk presented: Resolution 9669 - RESOLUTION NO. 9669 — A RESOLUTION OF THE CITY Abandoning Shakespeare Park COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE ABANDONMENT OF THE SHAKESPEARE PARK SITE, DESCRIBED HEREIN, PURSUANT TO GOVERNMENT CODE § 38501 ET SEQ. Motion by Herfert and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 4-0. HEARING AMENDMENT TO THE 1998/99 ACTION PLAN City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and the staff report was presented by Acting Community Services Manager Garcia. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for comments, first in favor of the amendment and then none in opposition. No one addressed the City Council. Mayor Howard Testimony closed closed the public testimony portion of the hearing, Motion by Herfert and seconded by Melendez to approve the amendment to the 1998/99 Action Plan as follows: a) an additional CDBG appropriation of $1,415 against the Senior Citizens Assistance Program (131-304-2416-6270), and b) an additional appropriation of $8,022 against the Capital Improvement Program for projects to be announced later. Motion carried 4-0. • HEARING CODE AMENDMENT NO. 293 — CODE REVISIONS - WOODSIDE VILLAGE MASTER PLAN AMENDMENT NO. 7 City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and City Planner McIsaac presented the staff report. Public Testimony Mayor Howard opened the public testimony portion of the hearing and asked. for comments from the audience. No one addressed 2 Council Minutcs of 4/6/99 none Council, either in support of the amendment or in opposition. Mayor Howard then closed the public testimony portion of the Testimony closed hearing. • City Clerk Berry presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Amendment No. 293 WEST COVINA, CALIFORNIA, AMENDING CERTAIN SEC- TIONS OF CHAPTER 1 (GENERAL PROVISIONS), CHAPTER 5 (AMUSEMENTS), CHAPTER 15 (PUBLIC HEALTH AND SAFETY), AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE (Code Amendment No. 283) Motion by Herfert and seconded by Melendez to waive further reading and adopt. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Howard NOES: None ABSENT: Wong City Clerk Berry presented Resolution 9670 - RESOLUTION NO. 9670 — A RESOLUTION OF THE CITY Amendment No. 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WOODSIDE VILLAGE MASTER PLAN (Woodside Village Master Plan Amendment No. 7) Motion by Herfert and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 4-0. HEARING CODE AMENDMENT NO. 280 INDOOR MULTI -TENANT RETAIL CENTERS (INDOOR SWAP MEETS) AND THEME SHOPPING USES City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and City Planner McIsaac presented the staff report. In response to a question by Councilmember Touhey, Mr. McIsaac stated that stores such as Lucky's and Robinson -May issue receipts identifying the store whereas receipts issued at swap meets identify each individual booth/seller. Public Testimonv Mayor Howard opened the public testimony portion of the hearing. She asked for comments from the audience, either in favor or in none opposition to Code Amendment No. 280. No one addressed the Council and Mayor Howard closed the public testimony portion of Testimony closed the hearing. City Clerk presented Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ,Amendment No. 280 WEST COVINA, CALIFORNIA, AMENDING CERTAIN SEC- TIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO INDOOR MULTI -TENANT RETAIL CENTERS (INDOOR SWAP MEETS) AND THEME SHOPPING USES (Code Amendment No. 280) Motion by Melendez and seconded by Howard to waive • further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Melendez, Touhey, Howard NOES: Herfert ABSENT:. Wong 3 Council Minutes of 4/6/99 CONSENT CALENDAR Written Communications (refer to stab) Letter received from Michael Miller regarding important points to consider in determining trash rates and the material recovery facility contract with Athens. Letter received from Michael miller regarding incomplete • landscaping of the BKK Landfill site. Commissions' Summary of Actions (receive & file) Community Services 3/9/99 Planning 3/23/99 Senior Citizens' 3/4/99 Waste Mgmt/Environmental Quality 3/18/99 Claims for Action (deny & notify claimant) On October 19, 1998 the City Clerk's Office received a claim for bodily injury. The amount had not been determined at time of presentation. Award of Bids PP 98213 — Cortez and Friendship Parks — Snack Bar Hoods and New Score Booth PP 98213 - Recommendation is to accept the bid of Whelan Construction Co., Whelan Construction Co. West Covina, in the amount of $52,442.00 as submitted at the bid opening on March 30, 1999, and to authorize the Mayor and City Clerk to execute the contract. Electric Vehicles Electric Vehicles - Recommendation is to authorize the Environmental Management Toyota Motor Credit Corp. Director to award the bid on the lease of three Toyota RAV4 electric vehicles to Toyota Motor Credit Corporation, as they are the sole source for the vehicles. Temporary Use Permits (receive & file) TUP #2497-99 was issued to Citrus Valley Health Partners for a bicycle and roller blade safety rodeo on March 14, 1999 located on the 3rd level of The Plaza parking structure. Acceptance of Improvements/Release of Bond Precise Plan 859 - _Location: 1101 South Glendora Avenue Michael and Mary Lua Recommendation is to accept all on -site improvements in con- junction with the development of Precise Plan No. 859 and authorize the release of Certificate of Deposit No. 09-258366-26 by Grand National Bank in the amount of $25,900. Traffic Committee Minutes (accept & file) Minutes of the meeting held March 16, 1999. • Miscellaneous — Personnel & Risk Management Memorandum of Understanding and Implementing Resolution — West Covina Police Officers' Association Recommendation is to adopt the following resolution: Resolution 9671 - RESOLUTION NO. 9671 - A RESOLUTION OF THE CITY MOU with WCPOA COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING 11 Council N inutcs of 4/6/99 Miscellaneous — Environmental Management BKK Landfill Groundwater Remedy Recommendation is to direct staff to send the draft letter attached to the staff report to the U.S. EPA. • CONSENT CALENDAR MOTION Motion by Melendez and seconded by Touhey to waive further reading of the resolutions and adopt,, and to approve all other items listed on the Consent Calendar except: * B-la (Mr. Miller's letter re trash rates) * B-lb (Mr. Miller's letter re BKK landscaping) * B-4b (Electric Vehicles — Bid Award) * B-10e (BKK Groundwater) Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Howard NOES: None ABSENT: Wong Michael Miller Michael Miller addressed his written communications (B-la and B-lb). In addition, he urged Council to add a message advertising Athen's pick-up service for heavy trash items directly on the trash bills. In,relation to the BKK landscape issue, he felt BKK should be monetarily penalized for its lack of performance in its landscaping commitments. City Manager Hobbs noted that a study session has been scheduled in May for the City Council to discuss various BKK Landfill issues. Councilmember Herfert agreed with Mr. Miller, noting that in his opinion the landfill cover is inadequate. Council - member Touhey suggested the City contact the settlement judge if BKK is not complying with the settlement agreement. Cal Caldwell Cal Caldwell, 1344 S. Hillward Avenue, raised questions about awarding a bid for electric vehicles, rather than some other small cars (Item B-4b). E. T. Snell E. T. Snell, c/o 2318 E. Cameron Avenue, commented on Item B- l0e (BKK Landfill Groundwater Remedy). It was his opinion that the EPA won't act on this issue, that they will just continue to drag their feet. It is up to the Council and the citizens of West Covina to push this BKK issue to completion. Chris Hansen Chris Hansen, BKK Landfill representative, responded to the comments raised by Mr. Miller regarding the BKK landscaping requirements of the settlement agreement and submitted a written response for the record indicating that BKK is in compliance. He stated that BKK is roughly 50% through with the closure of the Class III site. Last year El Nino caused a delay in their construc- tion phase. Councilmember Herfert In relation to Item B-10b (Charter Communications CATV Rate Increase), Councilmember Herfert felt the City's consultant should • come to the Council meeting and report to the citizens why the March 1 rate increase was within the appropriate range, as reported to Council in a memo from the City Manager. Although the item on the agenda addresses a March 1 franchise fee increase, he requested that the consultant be invited to a future Council meeting to discuss the rate increase. City Manager Hobbs was directed to place this on a future Council meeting agenda. 3 Council Minutes of 4/6/99 BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION; AMENDING RESOLUTION NO. 7223, RELATING TO COMPENSATION AND CLASSIFICA- TION OF POSITIONS AS AMENDED, AND FIXING COM- PENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE WEST COVINA POLICE OFFICERS' ASSOCIATION • Miscellaneous — Communications Charter Communications March 1 CATV Rate Increase Recommendation is to authorize the City manager to sign and forward the letter attached to the staff report to Charter Communi- cations protesting the March 1,1999 franchise fee increase. Miscellaneous — Public Services West Covina Landscape Maintenance Districts No's 4, 6, and 7 — Preliminary Anoroval of the Engineer's Reports Recommendation is to adopt the following resolutions and setting May 18, 1999 for the public hearings for each: Resolution 9672 - RESOLUTION NO. 9672 - A RESOLUTION OF THE CITY MD #4 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI- NEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LAND- SCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPUR- TENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 4) Resolution 9673 - RESOLUTION NO. 9673 - A RESOLUTION OF THE CITY MD # 6 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI- NEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENC- ING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 6) Resolution 9674 - RESOLUTION NO. 9674 - A RESOLUTION OF THE CITY MD # 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI- NEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENC- ING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES • OF THE DISTRICT (West Covina Landscape Maintenance District No. 7) Miscellaneous — Community Services Gym Study Recommendation is to a) reduce the number of sites in the gym Gym Study: Three sites study from nine to three; and b) approve BKK, Cameron Park, and Shadow Oak Park as the site for the analysis. 5 Council Minutes of 4/6/99 • Councilmember Herfert In relation to Item B-10e (BKK Landfill Groundwater Remedy), Councilmember Herfert read the specific four recommendations from the City Council to the EPA several months ago regarding groundwater contamination. He felt the BKK requested letter to EPA is slightly different and didn't support it. Motion by Herfert and seconded by Touhey to approve B-la, B-1b, B-4b. Motion carried 4-0. Item B-10e After comments were received from Environmental Management Director Samaniego and further Council discussion, motion by Melendez and seconded by Howard to support the sending of the BKK requested letter to EPA. Motion failed by a 2-2 vote of the Council with Herfert and Touhey voting no. Recess Mayor Howard called a recess at 9:17 pm. The City Council re- convened at 9:33 pm with all members present, except Council - member Wong. PUBLIC SERVICES No reports for this meeting. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY Mayor Howard recessed the City Council at 9:34 pm to convene the Redevelopment Agency meeting. The City Council recon- vened at 9:40 pm with all members present except Councilmember Wong. CITYWIDE REDEVELOPMENT PROJECT AREA Redevelopment Agency Director Chung presented the staff report. City Clerk presented: Resolution 9675 - RESOLUTION NO. 9675 — A RESOLUTION OF THE CITY Project Area Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING A JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE RE- DEVELOPMENT AGENCY OF THE CITY OF WEST COVINA TO CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT AREA AND RELATED ITEMS Motion by Melendez and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 4-0. ANNUAL REPORT — FY 1997/98 Finance Director Tucker presented the staff report. RDA FY Annual Report Motion by Melendez and seconded by Herfert to receive and file the Redevelopment Agency Annual Report for FY 1997/98. Motion carried 4-0. COMMUNITY SERVICES 1999.FOURTH OF JULY EVENT EXTENSION REQUEST Council reviewed the staff report. Fourth of July Motion by Herfert and seconded by Melendez to confirm their discussions of March 23, 1999 by approving the following: a) Approve the extension of the Muscular Dystrophy annual fundraiser from one to three days, and 7 Council Minutes of 4/6/99 b) Direct the Finance staff to include the following appropriations in the 1999/2000 budget: Community Enhancement Fund $6,360 Business Improvement Tax 42.887 $49,247 Motion carried 4-0. • POLICE DEPARTMENT SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND Police Chief Wills presented the staff report. Supplemental Service Fund Motion by Touhey and seconded by Herfert to authorize the use of Supplemental Law Enforcement Services Funds to purchase new police handguns, personal safety equipment; and pay for remodeling of the police briefing room, locker room, and front lobby. Motion carried 4-0. Police Chief Wills presented the staff report. "Cops In Schools" Motion by Touhey and seconded by Herfert to approve the Police Department's grant application for the "COPS In Schools" hiring grant, administered by the Federal Office of Community Oriented Policing Services, with the understanding of the local match requirements that receipt of the grant will entail. Motion carried 4-0. FINANCE DEPARTMENT TEMPORARY ACCOUNTING ASSISTANCE Finance Director Tucker presented the staff report. Councilmem- Temporary Accounting Help her Touhey requested the item to be held over as he had a question for the City Manager regarding a statement made by one of the consultants from the staff recommended firm of Caporicci and Larson. In discussing this item further, City Manager Hobbs stated that, with Council's understanding, he would expend up to $10,000 as he has authority to do, and the item could then be scheduled for the Council to talk directly with the consulting firm, as requested by Councilmember Touhey. Mayor Howard held this item over until the next Council meeting and Councilmember Herfert cautioned staff in using the same auditing firm for the temporary assistance. GENERAL ADMINISTRATION No items for this meeting. APPROVAL OF DEMANDS Councilmember Herfert stated that he had a question about Check No. 184425 and wished to hold over approval on that one check. Motion by Herfert and seconded by Howard to approve the demands as listed on check registers numbers 184424 through 184767, less Check No. 184425. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Howard NOES: None • ABSENT: Wong ABSTAIN: Touhey re Community Food Bank ORAL COMMUNICATIONS Emma Fischbeck, .130 S. Barranca, spoke as representative of the senior condominium association that she belongs to. The traffic going north on Barranca is so fast that turning out of the condo parking lot is dangerous. Also, there are only five guest parking slots in the front of the complex and people living in the apartment 0 Council Minutes of 4/6/99 complex across the street are parking in those slots. She requested that the City erect signs limiting the parking to a couple of hours and designating the parking for Courtyard guests only. If the City could stop the West Covina Shuttle from using their circular drive, it would also be appreciated. The bricks have had to be repaired • once already. These issues were referred to the Traffic Committee. On another matter, she asked for information regarding a bond issue she read about in the Daily Tribune. Councilmember Touhey noted that the state of California is handling that particular issue, not the City of West Covina. E.J. Snell, c/o 2318 E. Cameron Avenue, stated that CATV Channel 56 has still refused to air his programs. On another matter, Mayor Howard reminded him. to speak of municipal matters only. Lastly, he suggested a crosswalk be installed between the courthouse and La Pasada Restaurant across Sunset. The issue was referred to the Traffic Committee. Tom Arf, spoke to Council on behalf of Paul Zama, 2145 Aroma Drive, #A, regarding a continuing barking dog problem. He stated that Mr. Zama has been to court on this issue and has addressed his homeowners' association board of directors. Mayor Howard sug- gested that Mr. Arf speak to the Police Chief right after the meeting. MAYOR'S REPORTS SUPPORT FOR OVERLAY TELEPHONE AREA CODE Mayor Howard addressed this issue. Telephone Overlay Area Code Motion by Melendez and seconded by Touhey to support the concept of an overlay area code for Los Angeles County and authorize the Mayor to sign the letter attached to the staff report outlining the Council's support. Motion carried 4-0. Mayor Howard reported on a meeting she attended regarding the upcoming census, noting the financial importance to the City in gaining an accurate count. She requested staff to report back regarding what is involved in creating a "complete count" com- mittee to tackle this issue. COUNCILMEMBERS' REPORTS TAYLOR ROUSE WINDOW REPLACEMENT Taylor House windows Councilmember Herfert noted that the Heritage House was vandalized and the windows are now boarded up. This Historical Society does not have the funds to replace the windows and he hoped the City could find the funds to make the repairs. Motion by Herfert and seconded by Touhey to direct staff to report back on the cost to replace the windows and include safety screens. Motion carried 4-0. • METAL DETECTORS Metal Detector Councilmember Herfert requested staff to prepare a report on the feasibility and cost would be to install a metal detector at the Council Chambers entrance. Motion by Herfert and seconded by Touhey to direct staff to report back. Motion carried 4-0. 0j Council Minutes of 416/99 CLOSED SESSION Closed Session Councilmember Herfert noted his favored the discussion of City business in open session, including closed session items except sensitive personnel issues. Motion by Herfert and seconded by Touhey to direct staff • to report back. Motion carried 4-0. Mayor Pro Tern Melendez requested staff to report back on the feasibility of placing tables and chairs around the foundation at the Edwards Theatre. CITY MANAGER REPORT No comments offered. ADJOURNMENT Councilmember Touhey requested that the meeting be adjourned in memory of Jean Johnson, a long time resident and school teacher of West Covina. Attest: City:Clerk Janet Berry Mayor Howard stated that the City Council would convene a special meeting in the City Manager's Conference Room at.the conclusion of this meeting, as the scheduled special meeting for 6:00 pm was not held due to lack of a quorum. The City Attorney stated that there would be no report at the conclusion of the special meeting. Motion by Touhey and seconded by Melendez to adjourn the meeting at 10:40 pm in memory of Jean Johnson. Motion carried 4-0. U Ma/yor Kathy oward V