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.
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Council Minutes 4/20/99
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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
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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
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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
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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.
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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
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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
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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
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