05-04-1999 - Regular Meeting - Minutes11
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
MAY 4, 1999
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:45 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Dr. Kundan Peter of West
Covina United Methodist Church gave the invocation and Councilmember Wong led the Pledge of
Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tern Melendez, Councilmember
Herfert, Touhey, Wong
Others Present: Hobbs, Fields, Martyn, Collier, Chung, Greene, Wills, Samaniego,
Janis, Bommarito, Gardner, Kelly, Schimanski, Hauser, Mayer,
Garcia, Fong, Paul, Fox, Keating, Yauchzee, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of April 15, 1999
Regular meeting of April 20, 1999
CLOSED SESSION REPORT Mayor Howard reported that a closed session had been held by the
City Council earlier in the evening to consider two items. The City
Council reached a settlement agreement with one item, which will
become public once the other party has signed it. The second item
was taken off the agenda and not considered.
PRESENTATIONS/PROCLAMATIONS
Mayor Howard presented a Certificate of Commendation to
retiring Betty Irwin, Redevelopment Agency Project Manager, for
her dedication to the City for her twenty years of service.
Mayor Howard proclaimed May 2 — 8, 1999 as Elks National
Youth Week and presented the proclamation to Willie Koskela,
Youth Activities Director of the West Covina Elks.
Mayor Howard proclaimed May 8, 1999 as Fire Service Day and
presented the proclamation to Battalion Chief Janis.
Mayor Howard proclaimed May, 1999 as Mental Health Month
and presented the proclamation to Mary Newlin and Elsie Redline,
President and Founding President, respectively, of the East San
Gabriel Valley Alliance for the Mental Ill.
Mayor Howard proclaimed May, 1999 as Older Americans' Month
and presented the proclamation to Marietta Pahner, Chairman of
the West Covina Senior Citizens Commission.
Mayor Howard presented Ronnie Jones, President of the National
Association for the Advancement of Colored People, con-
gratulating the NAACP on its 900' Birthday Observance and the
San Gabriel Valley Branch in observance of its 35`s birthday on
May 1, 1999.
Council Minutes of 5/4/99
With the assistance of Acting Community Services Director
Bommarito, Mayor Howard presented Clarice Di Amicis and
Alpha Roe with a certificate congratulating them upon their
celebration of 100`h and 101" birthdays.
Mayor Howard congratulated Mary Warfield upon reaching
• her 102"d birthday on December 19, 1999 and Karolina Lazar who
will be 101 on August 5, 1999. Neither of these two ladies could
be present at the Council meeting.
Mr. Ackerman of the Rose Institute, Claremont, presented survey
results pertinent to West Covina. The survey was conducted
throughout the San Gabriel Valley regarding quality of life, satis-
faction of living in the community, sense of safety, etc. The final
report will be submitted to the City Council upon completion.
Ms. Walean Sands announced the Cultural Exchange Program
being sponsored by her church, La Puente Church of Christ, and an
upcoming event scheduled for Saturday, May 15, 1999 featuring
State Senator Hilda Solis.
HEARING CODE AMENDMENT NO. 288 —
STANDARDS FOR PROMOTIONAL EVENTS
City Clerk Berry verified the affidavit of publication and Mayor
Howard opened the public hearing. City Planner McIsaac pre-
sented the staff report.
Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
none City Council. Mayor Howard then closed the public testimony por-
Testimony closed tion of the hearing.
City Clerk presented:
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE
Amendment No. 288 CITY OF WEST COVINA, CALIFORNIA, AMENDING CER-
TAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE (Code Amendment No. 288)
Motion by Wong and seconded by Herfert to waive further
reading of the ordinance and introduce. Motion carried by roll call
vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
CONSENT CALENDAR Commissions' Summary of Actions (receive & file)
Planning 4/27/99
Community Services 4/13/99
Senior Citizens 4/08/99
Personnel 3/10/99
• Claims for Action (deny & notify claimant)
On February 16, 1999 the City Clerk's Office received a claim for
bodily injury from Guadalupe Martinez. The amount had not been
determined at time of presentation.
Council Minutes of 5/4/99
Award of Bid — GP 99305 —
City Hall Civic Center Improvements
Recommendation is to accept the bid of Shawnee Pacific
Corporation, Torrance, in the amount of $109,553.00, as submitted
at the bid opening of April 27, 1999 and authorize the Mayor and
• City Clerk to execute the contract.
Traffic Committee Minutes (approve & file)
Minutes of the regular meeting held April 20, 1999.
City Treasurer's Reports (receive & file)
Month of January, 1999
Month of February, 1999
Month of March, 1999
Miscellaneous — Community Services
Summer Lunch ProQfam
The recommendation is that the City Council:
a) Approve an application for the Summer Food Service
Program (SFSP) through the California Department of
Education; and
b) Authorize the City Manager to enter into contract with the
West Covina Unified School District for the preparation of
SFSP meals; and
c) Based on an the anticipated 100 meals per day; direct the
Finance Director to establish a $1,846.37 revenue and
expense account in the 1998-1999 Fiscal Budget and a
$8,583.63 revenue and expense account in the FY 99/00 as
follows:
FY 98-99 FY 99-00
Meals
xxx-304-xxxx-6158
$
1,700.00
$
7,890.00
Part Time
xxx-304-xxxx-5112
$
140.00
$
660.00
Workers Comp
xxx-304-xxxx-5151
$
4.20
$
15.80
Medicare
xxx-304-xxxx-5155
$
2.03
$
7.97
Unemployment,
xxx-304-xxxx-5156
$
0.14
$
9.86
Miscellaneous — Fire Department
ChanQinq Fire Department Vehicles from Yellow to Red
Recommendation is to authorize the Fire Department to change the
color of the vehicles from yellow to red as the Department replaces
it's fleet of vehicles.
CONSENT CALENDAR ACTION Motion by Wong and seconded by Herfert to approve all items
listed on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
e
Council Minutes of 5/4/99
•
PUBLIC SERVICES
Valencia Heights property
TERMS FOR ACQUISITION OF PROPERTY —
300 AND 330 SOUTH CITRUS STREET - RIDGE RIDER
EQUESTRIAN CENTER AND MAVERICK FIELD
Councilmember Wong stated that his home is served by Valencia
Heights Water Company and as a customer of the mutual water
company, he is a shareholder. In compliance with conflict of
interest laws, he would abstain from the discussion and vote on this
issue.
Public Services Director Collier presented the staff report. He
explained the zoning designation and that since the mid- 1950's, it
has had a park designation. Valencia Heights Water Company
now wants to sell the property.
John King John King, 300 S. Citrus, thanked Council for their support in the
past and urged Council to continue to support its value as open
space for youth activities.
John Scheuplien John Scheuplien, 1520 E. Newcrest Drive, urged Council to obtain
the property to keep it for recreational uses.
Motion by Herfert and seconded by Touhey to increase the City's
offer to $1 million for the purchase of the property as the City's
last, best and final offer.
Mayor Howard addressed the motion. She stated that the
City's auditor's have stated the property's worth is between
$400,00 and $500,000. The City's last offer of $800,000 and an
extra $100,000 for incidentals would be an overpayment, but it was
as high as she was willing to go to gain the property.
Mayor Pro Tern Melendez discussed the asking price of
another piece of property involving Valencia Heights Water
Company and concluded that the company really hasn't been
negotiating in good faith when considering the overall picture. He
supported no additional increase over the total $900,000.
Mayor Howard asked for a vote on the motion to increase the offer
to $1 million. Motion failed 2-2-1 with Melendez and Howard
voting no and Wong abstaining.
Final Motion Motion by Melendez and seconded by Howard to not increase the
current offer and that the $900,000 is the City's last, best and final
offer. Motion carried 4-0-1 with Wong abstaining (conflict of
interest). -
AROMA BALLFIELD PURCHASE & SALE AGREEMENT
Aroma Ballfieid Councilmember Herfert stated that his residence is within 300 feet
of the subject property. In compliance with conflict of interest
laws, he would abstain from the discussion and vote on this issue.
City Planner Mclsaac presented the staff report, noting some
changes in the negotiating document.
Nelson Chung Nelson Chung, representing the developer, CVP Homes, stated that
he was available to answer questions.
Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, opposed the development
of the site for more residences or commercial uses.
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Council Minutes of 5/4/99
•
Susan Homme Susan Homme, 1909 Calico Drive, representing the South Hills
Homeowners' Association, suggested the City purchase the site
with funds received from the BKK lawsuit and turn the property
into a neighborhood park.
Donna Stow Donna Stow, 2041 Abrazo Street, concurred with the preceding
speakers.
Royal Brown Royal Brown, 2153 Aroma Drive, suggested an Environmental
Impact Report be conducted on the site before any further action is
taken and urged Council to proceed with the neighbors' requests.
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, suggested maintaining
as much landscaping as possible because it won't be available in
the future.
Public Services Director Collier stated that the developer is pro-
posing to develop the property at six units per acre, a density more
than 50% less than that currently allowed by code, which is 20
units per acre.
Mayor Pro Tent Melendez felt the area was densely populated
already and liked the idea of maintaining it as open space for
recreational use. The City owns a portion of the site already and
favored the idea of opening negotiations with the developer to
purchase his portion. He felt this would be an appropriate use of
the BKK funds.
Councilmember Wong asked Mr. Chung what his purchase price
was for the property he already acquired, if he wouldn't mind
sharing the information.
Mr. Chung stated $1.7 million.
Motion by Wong and seconded by Touhey to over the developer
$1.7 million for his property, using the BKK funds.
Mayor Pro Tern Melendez stated he was unable to support
the motion, offering to discuss it during i study session.
Councilmember Touhey suggested the City obtain the public
records of Mr. Chung's transactions for his property, the title
report.
City Attorney reminded Council that the use to which the property
will be used could influence the price of the property.
Mayor Howard asked for the vote on the motion to offer Mr.
Chung $1.7 million for the property. The motion carried 3-1-1
with Melendez voting no and Herfert abstaining (conflict of
interest).
Recess Mayor Howard called a recess at 9:31 pm. Council reconvened at
9:47 pm with all members present.
Mayor Pro Tern Melendez urged Council to reconsider the
purchase of the property adjacent to the Aroma Ball Field site.
Discussion followed regarding protocol and the subject matter at
hand.
Motion Motion by Howard and seconded by Melendez to
reconsider the motion to purchase the property currently owned by
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Council Minutes of 5/4/99
Mr. Chung for $1.7. Motion failed 2-2-1 with Touhey and Wong
voting no and Herfert abstaining.
Motion by Wong and seconded by Touhey to receive and
file the staff report concerning the Aroma Ballfield Purchase and
Sale Agreement. Motion carried 4-0-1 with Herfert abstaining.
• Mayor Howard moved the following item forward on the Agenda
to be heard at this time.
ENVIRONMENTAL MANAGEMENT
WEST COVINA CHAMBER OF COMMERCE
E-COM PROPOSAL
E-Com proposal Ed Casanova presented a power point presentation and responded
to questions regarding participating groups, funding opportunities
from other entities, and the requested $41,000 using AB 2766
funding.
Lee Laue Lee Laue, President of West Covina Chamber of
Commerce, noted his appreciation for Council's support. Council -
member Touhey and Mayor Pro Tern Melendez spoke positively
for the proposal.
Corey Warshaw Corey Warshaw, 3330 E. Holt Avenue, favored the concept. He
did note that although West Covina may be one of the first cities to
do this, there are many companies that also do this. He hoped that
the City would receive a percentage of any advertising that comes
in from the Chamber until such time as a sales tax is imposed.
This would help alleviate the loss of sales tax that will happen
through the sales over the Internet.
Mayor Howard addressed the possibility of matching funds within
a year from the Chamber of Commerce.
Motion by Herfert and seconded by Melendez to approve the
expenditure of $41,000 from AB 2766 funding. Motion carried
5-0.
PUBLIC SERVICES (Continued)
CENSUS 2000 COMPLETE COUNT COMMITTEE
Census 2000 Committee City Planner McIsaac presented the staff report.
Motion by Melendez and seconded by Wong to direct staff
to estimate the costs of forming a Complete Count Committee,
evaluate current funding opportunities at risk, identify potential
benefits to a more specific level, and report its findings by June 15,
1999. Motion carried 5-0.
CODE ENFORCEMENT STAFFING OPTIONS
Code Enforcement staffing Public Services Director Collier presented the staff report,
summarizing past discussions and directives.
Bill Robinson Bill Robinson, 1100 block of E. Louisa Avenue, was not
• supportive of expanding the code enforcement program, feeling
that code enforcing is tantamount to real estate police or aesthetics
police. He believes in the less amount of governmental
interference in residents' life.
Clifton Kerr Clifton Kerr, 644 S. Saint Malo Street, felt there was no enforce-
ment behind the code enforcement program. He related his
situation in which noise emanating from Skate Junction has con-
Council Minutes of 5/4/99
•
tinued to impact his neighborhood and code enforcement has not
been able to abate the noise.
Councilmember Wong and Mayor Howard spoke to the necessity
of two more officers. Councilmember Herfert supported two
additional officers, but had a problem with the salary quoted.
Staff was directed to provide the correct salaries to Council.
Mr. Collier responded to Mr. Kerr's situation and that staff has
been working with Mr. Kerr and Skate Junction. Skate Junction
has paid for a noise study and installed heavy doors to abate the
escaping music; however, it has not met with the satisfaction of the
resident who spoke. At this point Skate Junction is in compliance
with the City's code.
Motion by Wong and seconded by Howard to a) authorize the
hiring of two additional in-house Code Enforcement Officer
positions; b) direct staff to develop a marketing plan, and c)
approve the recommended funding sources for the two positions
and a marketing plan as proposed in the table "Recommended
Funding Sources" in the staff report for the fiscal year 1999/2000.
Motion carried 5-0.
ENVIRONMENTAL MANAGEMENT (Continued)
CLARIFICATION OF METHOD FOR INCREASING
SOLID WASTE RATES
City Attorney Marlyn related negotiations thus far with Athens
Disposal Company. There is an outstanding issue that requires a
clarification from Council as to the method for calculating rate
increases. Council discussion ensued.
Dennis Chiapetta
Dennis Chiapetta of Athens Disposal responded to questions.
Mike Miller Mike Miller, 735 E. Herring, asked Council to keep in the mind the
perception out in the community that there could be some cost
shifting between the collection process and the MRF, both owned
and operated by the same company, in this case Athens Disposal.
Motion by Wong and seconded by Howard to allow the CPI
increase under the same conditions that the City currently imposes
wherein Athens must justify their increase request. Motion failed
2-3 with Herfert, Melendez and Touhey voting no.
Motion by Herfert and seconded by Melendez that the base rate
(which is collection and hauling) remain subject to City Council
approval of the CPI increase (as current), that the MRF' processing
fee be subject to an automatic CPI, and that the landfill be passed
through. Motion carried 4-1 with Wong voting no.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 11:27 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 11:42 pm with all members present.
COMMUNITY SERVICES
PUBLIC SAFETY
No reports scheduled for this meeting.
No reports scheduled for this meeting.
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Council Minutes of 5/4/99
ADMINISTRATIVE SERVICES PERSONNEL/RISK MANAGEMENT
CHANGE TO PUBLIC EMPLOYEES' RETIREMENT
SYSTEM RETIREE HEALTH BENEFIT CONTRIBUTIONS
POLICE AND FIRE SAFETY EMPLOYEES
The City Council reviewed the staff report.
• City Clerk presented:
Resolution 9679 - RESOLUTION NO. 9679 — A RESOLUTION OF THE
PERS Retiree benefit CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION NO. 9558, FIXING
THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
Motion by Howard and seconded by Touhey to waive
further reading of the resolution and adopt. Motion carried 5-0.
GENERAL ADMINISTRATION No reports scheduled for this meeting.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve demands
totaling $690,546.16 (of which wire transfers equal $150,565.39)
as listed on check registers 185053 through 185327. Motion
carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey re Community Food Bank
Herfert re check made payable to himself
ORAL COMMUNICATIONS
George Ogden George Ogden, 1249 S. Valinda Avenue, suggested that the City
Council write a letter to the Tribune regarding the by-lines they use
in describing court cases happening at Citrus Municipal Court,
located in West Covina. The by-line simply states "West Covina"
and the appearance at first blush is something has happened in the
City when in fact it is only a court case being heard at the Court
House. Staff was directed to prepare such a letter.
Tami Klenck Tami Klenck, 609 S. Magnolia Avenue, addressed two items: a)
the Rose Institute report and b) the E-Com proposal for the West
Covina Chamber of Commerce. She opposed public/private part-
nerships.
MAYOR'S REPORT ANNUAL APPOINTMENTS OF CITY COUNCIL
REPRESENTATIVES TO OTHER AGENCIES
Council reviewed the staff report and Mayor Howard reviewed the
various appointments.
City Clerk presented
Resolution 9680 - RESOLUTION NO. 9680 — A RESOLUTION OF THE
SGV COG CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
• FORNIA, NAMING RICHARD MELENDEZ AS THE
GOVERNING BOARD REPRESENTATIVE TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND
KATHRYN HOWARD AS THE ALTERNATE
Motion by Wong and seconded by Howard to waive further
reading of the resolution and to adopt. Motion carried 5-0.
Motion by Wong and seconded by Melendez to approve the
other appointments. Motion carried 5-0.
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Council Minutes of 5/4/99
COUNCILMEMBERS' REPORTS
MAYOR PRO TEM MELENDEZ — POLICE HELICOPTER
Mayor Pro Tern Melendez stated that the current helicopter con-
tract has fallen through. He requested that the subject matter be
agendized for discussion at a future Council meeting and that the
• Police Chief explore various alternatives for this service.
Mayor Pro Tem Melendez announced a walk-a-thon for Montclair
Detective Amy Nelson, who was seriously injured last month on a
practice range. She is a former employee of the City of West
Covina and married to West Covina Police Sgt. Richard Nelson.
Councilmember Wong asked staff to provide a staff report
regarding a San Gabriel River Conservancy Bill. Information is
available from Senator Solis' office.
Councilmember Wong requested a report on how neighboring
communities appoint their commissioners.
Councilmember Herfert announced the National Day of Prayer is
scheduled for Thursday, May 20, and at 12:00 noon there will be
an event in the court yard.
Councilmember Herfert asked that the following questions have
answers ready for the next Council meeting because WCHS
Government Teacher Mr. Cimino will have his class in attendance.
These questions were asked of Mr. Herfert when he visited the
class:
a) Paving on Merced between Lark Ellen and
Glendora,
b) False alarms at the Edison Substation on Azusa,
c) Traffic flow on Fernwood Street in front of the
High School, and
d) What are the procedures regarding truancy for the
high school students.
Councilmember Herfert asked staff to look into flying American
flags throughout the City.
Councilmember Herfert noted the City purchased on Citrus,
adjacent to Cortez Park, is vacant and has been for some time.
He requested staff look into clearing the house and use the space
for football practice, etc. He suggested these last two items be
addressed during the CIP process.
Councilmember Wong announced a gathering has been scheduled
for 7:00 pm on Friday May 14, 1999 at Thyberg Field to come
together in support of the lives that were lost at Littleton, Colorado
and stopping the violence in our communities. The event is being
sponsored by People Who Care and the Celebration Bible Church.
ADJOURNMENT Motion by Herfert and seconded by Melendez to adjourn the
• meeting at 12:05 am in memory of Russell Lacey, Jr., and a speedy
recovery to former Councilmember Richard Lewis. Motion
carried 5-0.
Attest:
City Clerk Janet Berry
yor Ka# ryn Howard
0