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04-20-1999 - Regular Meeting - MinutesU A MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL APRIL 20, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 1:32 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave the invocation and Mayor Pro Tern Melendez led the Pledge of Allegiance. ROLL CALL Mayor Howard, Mayor Pro Tern Melendez, Councilmembers Herfert, Touhey, Wong Others Present: Hobbs, Fields, Bommarito, King, Mayer, Schimanski, Yauchzee, Samaniego, Greene, Collier, Chung, Wills, Martyn, Keating, Tucker, Berry APPROVAL OF MINUTES The following sets of minutes were approved as presented: Special meeting of March 24, 1999(Supervisor Anionovich) Special meeting of March 29, 1999 (Closed Session) Special meeting of April 6, 1999 The following sets of minutes were approved as corrected by Councilmember Herfert: Special meeting of March 29, 1999 (Public Access) Regular meeting of April 6, 1999 PRESENTATIONS/PROCLAMATIONS Mayor Howard introduced Joyce Baner, the Director of Marketing & Communications of Foothill Transit. She presented a four - minute video on their Tenth Year Anniversary. Mayor Howard presented the GFOA Award to Finance Director Tucker. Ms. Tucker explained that the award is given for "Dis- tinguished Budget" documents and she accepted it for the City of West Covina. Mayor Howard proclaimed the month of May 1999 as WEST COVINA BEAUTIFUL MONTH and presented the proclamation to Geneva Nixon, First Vice -President of West Covina Beautiful. Mayor Howard proclaimed May 6, 1999 as NATIONAL DAY OF PRAYER and presented the proclamation to June Ashburn, the National Day of Prayer Coordinator. Mayor Howard proclaimed April 25 through May 1, 1999 as NATIONAL VICTIMS' WEEK, requested by Family & Friends of Murder Victims, Inland Empire Chapter. - HEARINGS No hearing'scheduled for this meeting. CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Planning 4/13/99 Council Minutes 4/20/99 Award of Bids 2000 Rose Float: Approval to Contract with Charisma Floats Charisma Floats Recommendation is to authorize the City Manager to enter into an agreement with Charisma Floats for the design and construction of the 2000 Rose Parade Float for an amount up to $100,000 with a payment schedule, as previously detailed, against Acct # 118-320- • 2430-6206. Second One -Year Extension of the Tree Maintenance Contract West Coast Arborists Recommendation is to authorize the second one-year extension of the tree maintenance contract with West Coast Arborists, Inc., Anaheim, at no increase in the contract amount. TS 99120 — Cameron School Flashing Beacons Macadee Electrical Const. Recommendation is to accept the . bid of Macadee Electrical Construction, Chino Hills, in the amount of $18,828.00 and authorize the Mayor and City Clerk to execute a contract for the work to be done. Orangewood Portable Classroom Modtech, Inc. Recommendation is to take the following actions: a) Find Saddleback Valley Unified School District's pro- curement process to be as stringent as that of West Covina; b) Find that Saddleback Valley Unified School District's Bid No. 97-68 to satisfy the formal bid process under WCMC § 2-333, therefore, justifying the waiver of the formal bid process under WCMC § 2-330; c) Authorize the purchase of one 24x40 portable classroom for Orangewood School at $60,000 from Modtech, Inc., the lowest bidder; d) Approve an additional appropriation of $11,000 from CDBG reserves against Acct. #131-304-3953-7900 for the com- pletion of this project. Temporary Use Permits (receive & file) TUP #2498-99 was issued to Canyon Velo for a bike criterium around Edgewood Middle School on 4/24/99. TUP #2501-99 was issued to San Gabriel/Pomona Parents Place for an information fair and festival at Cortez Park on 4/25/99. TUP #2503-99 was issued to Calvary Christian Fellowship for an Easter service at West Covina High School on 4/4/99. TUP #2504-99 was issued to Faith Community Church for a 5K race on Lark Ellen, Badillo Street, Workman Avenue, and Puente Avenue on 4/3/99. TUP #2505-99 was issued to Transtar/Enchanting Times at West Covina Plaza for an Easter event on 3/27/99. TUP #2506a-99 was issued to West Covina Toyota at 1800 East • Garvey Avenue for a tent sale from 4/9/99 to 5/3/99. TUP #2506b-99 was issued to Airlift Construction to lift a HVAC onto roof at Wick's Furniture (301 South Glendora) on 3/17/99. TUP #2507-99 was issued to Nelson Castorillo for an Easter Sunrise Service at the Seafood City parking lot on 4/4/99. F] Council Minutes 4/20/99 • Acceptance of Improvements/Release of Bonds Applicant: Overland Company Location: East of Citrus Ave. and north of Hillside Dr. Recommendation is to accept onsite and offsite improvements in conjunction with the development of portion of tract No. 44564 and authorize release of Performance Bond No. 3SM89182000 by American Motorists Insurance Company in the amount of $30,500. Applicant: Shea Homes Location: Sunset Avenue and Delvale Street Recommendation is to accept onsite and offsite improvements in conjunction with the development of Tract No. 51749 and authorize release of Performance Bond No. 15-79-34 by American Home Assurance Company in the amount of $10,000. Ordinances for Adoption (waive reading & adopt) Ordinance 2030 - ORDINANCE NO. 2030 - AN ORDINANCE OF THE CITY Amendment No.283 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 1 (GEN- ERAL PROVISIONS), CHAPTER 5 (AMUSEMENTS), CHAP- TER 15 (PUBLIC HEALTH AND SAFETY), AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE (Code Amendment No. 283). Ordinance 2031 - ORDINANCE NO. 2031 -. AN ORDINANCE OF THE CITY Amendment No. 280 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS 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). Miscellaneous — Public Services West Covina Citywide Sewer Service Charge Resolution 9676 - Recommendation is to adopt the following resolution setting the Citywide Sewer Services public hearing for June 1, 1999: RESOLUTION NO. 9676 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE FOR A PUBLIC HEARING THEREON (Public Hearing: June 1, 1999) West Covina Citywide Lighting and Maintenance District Prelimi- nary Approval of the Engineer's Report Resolution 9677 - Recommendation is to adopt the following resolution setting the Citywide Lighting & Maintenance public hearing for June 1, 1999: RESOLUTION NO. 9677 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTI- FIED ENGINEER'S REPORT AND DECLARING ITS INTEN- TION TO HOLD A PUBLIC HEARING ON JUNE 1, 1999 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT 3 Council Minutes 4/20/99 • Opposition to Senate Bill 1200 — Drive-thrus: Limitation on Local Land Use Authority Senate Bill 1200 - Recommendation is to take a position in opposition to Senate Bill 1200 and authorize sending a letter expressing the City's position to local State legislators and members of the Senate Local Government Committee. Capital Improvement Program and Building Activity Report — First Quarter 1999 Recommendation is to receive and file the informational report. Miscellaneous — Environmental Management BKK Landfill Closure Plans Status Report Monthly Update Recommendation is to receive and file the status report. Resolution Authorizine Enforcement Assistance Grant Aoolication Resolution 9678 - Recommendation is to adopt the following resolution: LEA grant RESOLUTION NO. 9678 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLI- CATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR AN ENFORCEMENT ASSISTANCE GRANT Miscellaneous — Finance Department Temporary Accounting Assistance Temporary Accounting Assistance Recommendation is to take the following actions: a) Authorize the Finance Department to arrange for temporary accounting services with Caporicci and Larson to back -fill the vacant position, as long as needed. b) Approve the appropriation transfer of $15,300 from 110- 304-2541-5111 to 110-304-2530-6112. c) Approve the City Manager to authorize other appropriation transfers, as needed, to cover the cost of temporary accounting services until identified staffing issues are resolved. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further reading of the resolutions/ordinances and adopt, and to approve all other items except: B-3a, B-7g. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None B-3a In relation to awarding the 2000 Rose Float construction contract (Item B-3a), Councilmember Wong felt the size of the contract ($100,000) warranted formal bidding procedures. The City Attorney requested the Mayor to continue with the Agenda while she and the Finance Director reviewed the bid- ding procedures. B-7g Councilmember Touhey expressed the same concerns as he did at the last Council meeting regarding the appearance of a conflict of interest in having members of the auditing firm perform temporary accounting assistance (Item B-7g). Councilmember Herfert con- curred with him. City Manager Hobbs commenced a discussion regarding current workload and the high cost of employment agencies. Additionally, the firm's assistant would be reassigned from their northern California office and would not be involved in the auditing duties. Mayor Pro Tern Melendez supported the staff recommendation and stated his reasons. Councilmember Wong 0 Council Minutes 4/20/99 • PUBLIC SERVICES Sale of Shakespeare Park site stated his support if the person from the auditing firm did not handle incoming money or the recording functions. Finance Tucker stated that that could be done and included in the contract as well. On another item, Councilmember Herfert referred to a replacement check that he removed from the list of Demands at the last Council meeting, and that he had expected to see it on this Agenda for approval. City Manager Hobbs responded, noting that he had submitted a written report to Council and that the replacement . check was for a smaller amount than the original check which had been approved by Council two meetings ago. Motion by Melendez and seconded by Wong to take the following actions: a) Authorize the Finance director to arrange for temporary accounting services with Caporicci and Larson to back -fill the vacant position, as long as needed; b) Approve the appropriation transfer of $15,300 from 110- 304-2541-5111 to 110-304-2530-6112; c) Approve the City Manager to authorize other appropriation transfers, as needed, to cover the cost of temporary accounting services until identified staffing issues are resolved; and by friendly amendment offered by Wong: d) Ensure the temporary accounting personnel have no auditing duties in relation to the City's books and do not handle money or perform record functions. Motion carried 3-2 with Herfert and Touhey voting no. Mayor Howard stated that Item B-3a (Rose Float 2000 designer) would be taken up as soon as staff was ready to respond. In the meantime, she would move forward with the Council Agenda. EXCLUSIVE NEGOTIATING AGREEMENT WITH ABELL-HELOU FOR SALE OF SHAKESPEARE PARK SITE Public Services Director Collier presented the staff report. Motion by Wong and seconded by Herfert to approve the execution of an exclusive negotiating agreement with Abell-Helou for the sale of the former Shakespeare Park site. Motion carried 5-0. SECOND EXTENSION OF LEASE FOR THE VALENCIA HEIGHTS WATER COMPANY CITRUS PROPERTY Councilmember Wong stated that as a ratepayer under Valencia Heights, a mutual water company, he must own one share of stock to receive service. Therefore, he would abstain from participating in the discussion and vote because of the conflict of interest laws. Valencia Heights Water Co. Public Services Director Collier presented the staff report. Mayor Pro Tent Melendez said he would support this second extension, but not a third. Councilmember Herfert stated that he is a member of the committee working on this project, and although it is moving slowly, it is moving forward. Hopefully, it will be wrapped up in thirty days. Motion by Herfert and seconded by Melendez to authorize the Mayor to execute the second extension to the Land lease with Valencia Heights Water Company subject to the terms in the attached agreement and appropriate $7,500 from the General Fund 5 Council Minutes 4/20/99 reserves to PP 99220. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Item B-3a (Rose Float) Mayor Howard noted that staff was ready to respond on Consent Calendar Item B-3a (Approval to Contract with Charisma Floats to • Design the 2000 Rose Float). City Attorney Marlyn reported that she reviewed last year's contract with Charisma Floats and has conferred with the Finance Director. When a bid has been awarded through the formal bidding process, the City has, in the past, awarded a second project to the same contractor for the same amount if the project occurs within a year of the first contract. City staff is proposing to use that same procedure concerning the Charisma Float contract. In response to Councilmember Wong, City Attorney Marlyn stated that language permitting that procedure is not contained in the Municipal Code. Motion by Wong and seconded by Melendez to direct staff to go out to bid on the float contract and hold over until that bid comes in. Motion carried 4-1 with Herfert voting no. PUBLIC SERVICES (CONTINUED) HERITAGE GARDENS PARK — TAYLOR HOUSE VANDALISM Taylor House vandalism Building Official Yauchzee presented the staff report. Council discussed staffs recommendation and other alternatives in making the windows vandal -resistant. Motion by Herfert and seconded by Melendez to replace the broken windows with glass, and to install glass -break sensors and motion light sensors. Motion carried 5-0. ENVIRONMENTAL MANAGEMENT CLEAN-UP SATURDAYS/COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE ROUNDUP Environmental Management Director Samaniego presented the staff report. Motion by Wong and seconded by Herfert to receive and file the informational report. Motion carried 5-0. COMMUNITY SERVICES PUBLIC FINANCING AUTHORITY Mayor Howard recessed the City Council meeting at 8:42 pm to convene the Public Financing Authority. The City Council reconvened at 8:45 pm with all members present. PARKING AUTHORITY Mayor Howard recessed the City Council meeting at 8:45 pm to convene the Parking Authority. The City Council reconvened at 8:49 pm with all members present. REDEVELOPMENT AGENCY • Mayor Howard recessed the City Council meeting at 8:49 pm to convene the Redevelopment Agency. The City Council recon- vened at 8:51 pm with all members present. Recess Mayor Howard recessed the City Council meeting at 8:51 pm. The City Council reconvened at 9:05 pm with all members present. COMMUNITY SERVICES No reports scheduled for this meeting. 3 Council Minutes 4/20/99 PUBLIC SAFETY No reports scheduled for this meeting. ADMINISTRATIVE SERVICES — FINANCE DEPARTMENT • 1) COMPREHENSIVE ANNUAL FINANCIAL REPORT CAFR Finance Director Tucker presented the staff report. Motion by Melendez and seconded by Wong to receive and file the City's Comprehensive Annual Financial Report for fiscal year ended June 30, 1998. Motion carried 5-0. 2) PUBLIC FINANCING AUTHORITY ANNUAL FINANCIAL REPORT Public Financing Report Council reviewed the staff report. Motion by Melendez and seconded by Herfert to receive.and file the accompanying JPA June 30, 1998 annual financial report. Motion carried 5-0. 3) PARKING AUTHORITY ANNUAL FINANCIAL REPORT Parking Authority Report Council reviewed the staff report. Motion by Herfert and seconded by Melendez to receive and file the accompanying West Covina Parking Authority June 30, 1998 annual financial report. Motion carried 5-0. GENERAL ADMINISTRATION — CITY ATTORNEY CLOSED SESSIONS/BROWN ACT Conducting Closed Sessions City Attorney Marlyn referred to her memorandum addressed to in Open Session the City Manager and the City Council advising them to refrain from discussing litigation strategy or confidential personnel matters in open session. And although a similar argument could be made for real property negotiations, that is a policy matter of the Council. Councilmember Herfert stated that based on some comments he received during the last election, he felt it would be a good idea to conduct as much City business in public as possible. He was not in favor of sensitive personnel matters being discussed in open session, however. Motion Motion by Herfert and seconded by Touhey to conduct litigation matters in open session with a majority vote of the Council and to conduct all real property issues in open session. Councilmember Wong spoke against the motion. Mayor Pro Tem Melendez stated his preference for open sessions, excepting per- sonnel issues. Mayor Howard spoke in opposition to discussing litigation matters in open session. • Motion restated After further Council comment, Councilmember Herfert restated his motion to open all closed sessions with the exception of sensitive personnel issues, and a majority vote to discuss litigation issues during open meeting. Councilmember Wong asked for a clarification on determining "sensitive" personnel matters from general personnel matters. Councilmember Herfert acknowledged the difficulty and changed the motion to include a majority vote 7 Council Minutes 4/20/99 would be necessary to open a personnel matter as well as a litigation matter. Councilmember Wong stated that the result of the motion would open property negotiations, because Council can, at any time, open other closed session items with a majority vote. , Mayor Howard asked for a vote on the motion. The motion carried • 3-2 with Howard and Wong voting no. APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve Demands totaling $1,967,672.56 (of which $1,257,063.17 were in wire transfer format) as listed on check registers 184768 through 185052. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSTAIN: Touhey re Community Food Bank ORAL COMMUNICATIONS Cory Warshaw, 3330 E. Holt Avenue, announced the upcoming Business Fair scheduled for Wednesday, April 21, from 11 am to 2 pm at 205 Citrus Street, Suite A. The City's Care Loan Committee is sponsoring the fair. Roberta Azpeitia, 1740 Oakridge Circle, encouraged the City organization and the citizens to wear or display yellow bows in support of our troops overseas. Royal Brown, 2153 Aroma Drive, addressed the issue of reporting out after a closed session. He suggested the Council report the general description of the items discussed in the closed session and the general action. In this manner the details can still be confidential and would not disclosed during the verbal report. MAYOR'S REPORTS Mayor Howard announced the following ad hoc committees, each for a specific length of time: a) Planning & Public Works — Touhey and Howard for 6 months b) Community Services — Herfert and Howard for two months c) Personnel — Wong and Melendez for six months The ad hoc committees will be monthly reports to Council on the progress of their assignments. COUNCILMEMBERS' REPORTS Herfert Councilmember Herfert explained the City's demand process and that his request to pull Check No. 184425 for additional review was not handled to his satisfaction. He was unhappy most with the fact that it was not brought back to the City Council for considera- tion and approval. Motion by Herfert and seconded by Touhey that that procedure be investigated as well as the background information regarding the check in question. Discussion ensued regarding proper course of procedure. Motion by Herfert and seconded by Touhey to place this • matter onto this evening's Agenda. The motion failed 3-2 with Wong and Howard voted no (motion requires a 4/5 affirmative vote). Wong Councilmember Wong introduced the following subject matter for placement on a future Council agenda. He explained the practice of the California Integrated Waste Management Board in relation to complying with the Brown Act regarding open meetings. Any M Council Minutes 4/20/99 • Melendez CITY MANAGER'S REPORT Reimbursement Check ADJOURNMENT Wong contact that any commission member has had with any person appearing before the Board on an interested matter must disclose the nature of that contact. He suggested that the City Council adopt guidelines with sufficient monetary penalty to ensure all City business is conducted in open session and there are no backroom deals. He gave examples pertinent to West Covina and requested the City Attorney to review and report back. Mayor Pro Tern Melendez commented on the process used during his tenure as Mayor relative to the cable negotiations. City Manager Hobbs explained the situation involving Check No. 184275, which covered his temporary housing, relocation, and moving expenses. Check No. 184425 was a replacement check for Check No. 184275 which had been approved by the City Council at a previous meeting and which had made out for an amount that was too high. He returned the uncancelled check immediately to Finance and the replacement check (184425) for the correct amount was issued to him in its place. He added that he had provided that information to the City Council in the Weekly Report. The check amount was in keeping with the terms of his contract. Councilmember Touhey commented that there were two separate sections of the reimbursable amounts and disagreed with the final combined total. Further discussion followed.. Motion by Wong and seconded by Herfert to add this item to this evening's agenda for Council disposition. Motion carried 5-0. Motion by Wong and seconded by Howard to approve Check No. 184425 in the amount of $16,080.24. Councilmember Herfert stated that he did not receive answers to the question of the combined interim housing costs and moving expenses, the late charge, two additional months of interim housing costs, and that totals were exceeded. He reiterated his position that the demand should have been placed on the Agenda for this evening for disposition. Motion to approve the demand carried by roll call vote: AYES: Melendez, Wong, Howard NOES: Herfert, Touhey Councilmembers Touhey and Herfert were encouraged to meet with City Manager Hobbs separately to discuss any further concerns. Councilmember Wong requested the meeting be adjourned in memory of Bob Trujillo and second the appropriate notification to his wife, Pat, and his five daughters. Touhey Councilmember Touhey requested Council concurrence in sending a speedy recovery to Henry Gonzales, the Mayor of South Gate, who was shot in the back of his head at his home after a Council meeting. Howard Mayor Howard noted that Personnel Commissioner Carl Thrasher's mother recently passed away too. Motion by Wong and seconded by Touhey to adjourn the meeting at 10:12 pm in memory of Bob Trujillo; Personnel Commissioner Carl Thrasher's mother; and a speedy recover to South Gate Mayor Henry Gonzales. Motion carried 5-0. W Council Minutes 4/20/99 May Kathy and • Attest: City Clerk Janet Berry 10