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08-17-1999 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL August 17, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:40 p.m. in the City Hall Council Chambers, 1444 West Garvey Avenue, West Covina, California. The invocation was offered by City Manager Dan Hobbs and the Pledge of Allegiance was led by Mayor Pro tem Melendez. ROLL CALL Mayor Howard, Mayor Pro tem Melendez, Councilmembers Herfert, Touhey, Wong Others Present Hobbs, Fields, Buchanan, Martyn, Mayer, Keating,. Samaniego, Greene, Schimanski, Wills, King, Bommarito, Bonaparte, McIsaac, Pidgeon, Yauchzee, Lillig, Williams, Chavarria, Chung, Leon, Santilli, Nyugen, Morgan, McDonald, Tucker, Hauser APPROVAL OF MINUTES The minutes of the following meetings were approved as presented: Regular meeting of July 20, 1999 Special meeting of August 3, 1999 (Closed Session) PRESENTATIONS Mayor Howard presented Communications Director Jack Keating with a Certificate of Recognition for his service as President of the Association of Public -Safety Communications Officials - International. City Manager Hobbs also offered his congratulations. Mayor Howard presented Senior Code Enforcement Officer Richard Bonaparte with a Resolution of Commendation and a City Tile in recognition of his 36 years of service to the City of West Covina. Senior Building Official Shannon Yauchzee introduced the newly -hired Code Enforcement Officer Ralph Lillig. New -hire Richard McCauley, was unable to attend the meeting. HEARING 1999 CONGESTION MANAGEMENT PROGRAM (CMP) CONFORMANCE SELF -CERTIFICATION Deputy City Clerk Buchanan verified the affidavit of publication. Mayor Howard opened the hearing and City Planner McIsaac presented the staff report. Testimony closed No public testimony was offered and Mayor Howard closed the public testimony portion of the hearing. No Council discussion was offered. Deputy City Clerk Buchanan presented: Resolution 9727 - RESOLUTION NO. 9727 - A RESOLUTION CMP Conformance OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION City Council Minutes August 17, 1999 • MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Motion by Wong and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. CONSENT CALENDAR Commissions Summary of Actions (receive & file) Community Services 7/13/99, 7/29/99 Planning 8/10/99 Personnel 7/14/99, 7/20/99 Temporary Use Permits (receive & file) TUP's TUP #2526-99. Ziad Alhassen/Academy Tent at 2000 East Garvey Avenue South for a tent sale from 6/30/99 through 8/7/99. TUP #2527-99. Brook Furniture at 551 North Azusa Avenue for a sidewalk sale and balloon from 7/15/99 through 7/18/99, TUP #2528-99. Chicks Sporting Goods at 2753 Eastland Center Drive for a parking lot sale and roof -mounted balloon from 8/13/99 through 8/22/99. TUP #2529-99. Community Services (City of West Covina) at Edwards Theater for summer concerts on Thursdays starting on 7/15/99 until 8/19/99. TUP #2530-99. Super Remate De Autos at 821 South Glendora Avenue for a car sale on 7/16/99. Miscellaneous - Public Services Project No. SP-99105 - Orange Avenue and Willow Avenue Street Rehabilitation Work Project No. SP-99105 Recommendation is to approve the plans and specifications for the revised Project No. SP-99105 and authorize the City Engineer to call for bids. Landscape Maintenance District No. 7 - Extension of Landscape Maintenance Agreement Landscape Maintenance Recommendation is to extend the Maintenance District District No. 7 No. 7 contract with Aloha Landscape of West Covina for a period not to exceed six months at which time staff will prepare contract specifications to bid Maintenance District No. 7 in unison with Maintenance District No. 6. Miscellaneous - Environmental Management Opportunity Grant for Construction of Electric Vehicle Char2ma Station Electric Vehicle Recommendation is to take the following actions: Charging Stations 1) Approve the City's participation in the grant request as proposed by the adoption of the following resolution entitled: RESOLUTION NO. 9728 - A RESOLUTION OF THE Resolution 9728 CITY COUNCIL OF THE CITY OF WEST COVINA, EV-Ready Community Program, CALIFORNIA, ENDORSING AND INITIATING . THE CITY'S EV-READY COMMUNITY PROGRAM min08.17.99 2 City Council Minutes August 17, 1999 • BKK Status Report 2) Authorize the Environmental Management Director to solicit possible locations for new charging stations, should the City decide to apply under the Major Destinations Category of the EV Charge grant; and 3) Appropriate a maximum of $15,000 to fund 137-2319- 7160 to co -fund the project selected. BKK Landfill Closure Plans Status Report Recommendation is to receive and file the report. Miscellaneous - Community Services Final Financial Report on 1999 Rose Parade Float Recommendation is to receive and file the report. Claims for Action (deny & notify claimant) Michael Raymond Gallagher vs City of West Covina On June 4, 1999, the City Clerk's Office received a claim for use of excessive force and bodily injury in the amount of $25,000,000.00 general damages and $25,000,000.00 punitive damages. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items listed on the Consent Calendar except Item B-4b. Motion carried by roll call vote: AYES:Herfert, Melendez, Touhey, Wong, Howard NOES: None Item B-4b - LMD No. 7 Motion by Herfert and seconded by Touhey to approve Item B-4b. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Howard NOES: None ABSTAIN: Wong (conflict of interest) PUBLIC SERVICES RECLAIMED WATER SUPPLIED BY THE CITY OF INDUSTRY City Engineer Tom Mayer presented the staff report. Reclaimed Water Motion by Herfert and seconded by Melendez to authorize the City Manager to send a non -binding Letter of Interest to use reclaimed water to be supplied by the City of Industry. Motion carried 5-0. CLARIFYING REVISION TO MUNICIPAL CODE SECTION 23414 DEALING WITH THE MAINTENANCE OF SEWER LATERALS City Engineer Tom Mayer made the staff presentation. Maintenance of Sewer Laterals Mayor Howard asked for clarification of the citizen's cost in regards to the location of the repair. Mr. Mayer responded. Ms. Howard stated her opposition to holding citizens responsible for the growth of trees planted by the City. City Manager Hobbs noted that staff was introducing language that it feels clarifies the existing policy and what the intent has been. Mayor Howard expressed her disagreement with the current practice and suggested that Council direct staff to bring this item back after further study. minO8.17.99 3 City Council Minutes August 17, 1999 0 Councilmember Wong suggested that the newer members of the Council be provided a copy of the 1995 staff report to get a clearer understanding of the homeowners' $500 limit of liability. Motion by Howard and seconded by Touhey to hold this item over for further study. Motion carried 5-0. ENVIRONMENTAL MANAGEMENT No reports for this meeting. COMMUNITY DEVELOPMENT Redevelopment Agency Mayor Howard recessed the City Council meeting at 8:06 p.m. to convene the Redevelopment Agency. The City Council meeting was reconvened at 8:07 p.m. with all members present. PLACEMENT OF AMERICAN FLAGS ON HOLIDAYS Redevelopment Agency Director Chung made the staff presentation. Placement of American Flags Councilmember Wong expressed concerns with removing some of the City banners and suggested that the flags be hung in other areas of the City where there are no banners. Mayor Howard suggested that the flags be placed in the center median along Glendora and Azusa Avenues. After a brief discussion, Council decided to approve staff's recommendation and directed staff to bring back additional locations to Council for approval. Motion by Herfert and seconded by Melendez to approve the Flag Program and direct staff to solicit bids and purchase the required materials and services to implement the program in time for the next scheduled holiday, Veterans' Day, which is November 11, 1999. Motion carried 5-0. COMMUNITY SERVICES No reports for this meeting. PUBLIC SAFETY SERVICES Police Department Appropriating the Federal COPS Domestic Violence Grant COPS Domestic Violence Grant Police Chief Wills presented the staff report. Mayor Pro tem Melendez asked if we will have the collaborative efforts of the Citrus Municipal Court. Chief Wills responded noting that there will be representatives from the Court working with the Domestic Violence team and that he feels comfortable with the design of the program. Motion by Touhey and seconded by Herfert to take the following actions: * Authorize the appropriation of the grant award into the following accounts: $ 63,522 132-304-2110-5111 8,182 132-304-2110-5151 8,082 132-304-2110-5152 90 132-304-2110-5153 127 132-304-2110-5154 minOS. 17.99 . 4 City Council Minutes August 17, 1999 921 132-304-2110--5155 64 132-304-2110-5156 14,240 132-304-2110-5157 360 132-304-2110-5159 64,572 132-304-2110-5113 24,960 132-304-2110-5112 17,218 132-304-2110-7160 15,885 132-304-2110-6050 28,377 132-304-2110-6220 53,400 132-304-2110-6110 * Approve the creation of the additional permanent full-time Police Officer position. * Approve the creation of the part-time, grant -funded Project Director (Administrative Analyst I) position, to exist only for the life of the grant. Motion carried 5-0. ADMINISTRATIVE SERVICES Finance Department Proposed Computer System Finance Director Tucker presented the staff report along with a PowerPoint presentation. Proposed Computer System Councilmember Wong inquired on the impact on loss productivity at Y2K with the current system. Ms. Tucker responded that there has been issues to arise (date and formatting issues), but those have been dealt with as they arise. She added that as the bugs appear, staff's confidence level starts to wane. Councilmember -Wong asked if there were a Y2K problem, what would the impact be on productivity and/or costwise. Ms Tucker responded the with a processing error, staff would have to wait for the programmers to arrive. If the programmers are tending to similar problems with their other clients, they would more than likely be stretched pretty thin. As far as cost, it should be covered under our current contract with them. Mr. Wong stated that he didn't see in the contract where SCI was warrantying their system to be Y2K compliant and noted that he would like to see the warranty in writing. Ms. Tucker assured him that the clause would be added. City Manager Hobbs noted that the new system is designed to be on-line and Y2K compliant before the end of the year. He also expressed the City's intention to run the current system and the new system parallel for sixty days to assure accuracy. Councilmember Touhey expressed the same concerns as Mr. Wong and stated that he wanted a clause that warrants liability added to the contract. Mayor Pro tem Melendez raised concerns . regarding the burden of responsibility if the City is without service, if citizens are inconvenienced and/or if public safety/health issues arise. He wanted to know exactly what is the guarantee. Councilmember Wong interceded with a scenario and asked what financial responsibility would SCI bear under the circumstances. City Attorney responded that public agencies in California are immune from most of min08.17.99 5 City Council Minutes August 17, 1999 those kinds of damages under recent Federal legislation that protects governmental agencies. City Manager Hobbs invited the SCI representative to the podium to address the guarantees, liabilities and damages. Scott Modde, SCI Sr. Market Consultant, noted • that the contract could be amended to include whatever the Council deemed necessary. Public Comments Ed Casanova, asked the City to broaden their horizons as to who their clientele really is with this system. He noted that the Chamber has been diligently pursuing data that is "trapped" in the City's walls. He questioned the term "on-line" and it's meaning in regards to this new computer system. Additionally, he challenged the worth of relying on the COBOL system as being compliant even for sixty days. COUNCIL ACTION Motion by Melendez and seconded by Touhey to authorize the City Manager to execute a contract with SCI for computer hardware, software, conversion and related consulting services identified in the staff presentation for a fee not to exceed $485,000, with additional annual support not to exceed $60,000. Council further directed staff to amend the proposed contract to reflect a clause that warranty liability on behalf of the vendor. Motion carried 5-0. Recess Mayor Howard called a recess at 8:57 p.m. The City Council reconvened at 9:16 p.m. with all members present. At this time, Mayor Howard called on City Attorney Martyn to give a report. CITY ATTORNEY City Attorney Martyn announced that the City Council has given direction to defend a lawsuit brought on by Westfield against the West Covina Redevelopment Agency. GENERAL ADMINISTRATION City Clerk Commission Appointment Process & Current Recruitment Commission Appointment City Manager Hobbs introduced the item for discussion Process and Councilmember Wong made the presentation. Councilmember Herfert asked -if the current Council Questions/Comments process will move forward if, in fact, this proposed process is not approved at this meeting. Councilmember Wong responded that if the proposal is approved at this meeting, then Council will have the opportunity to review the submitted applications along with a pool of interested citizens. Public comments Royall Brown, 2153 Aroma Drive, asked Council Royall Brown to keep the current process. He noted that the current process allows each commissioner to stand on his/her own merits and not on politics. John Scheuplein John Scheuplein, 1520 E. Newcrest Dr., expressed his opposition to the proposed process. E.T. Snell E.T. Snell, stated that the proposed process is nothing but a dictatorship and expressed his opposition to it. nun08.1 z 99 6 City Council Minutes August 17, 1999 Ed Casanova Ed Casanova, explained why he liked the current commission process and noted that he is opposed to changing it as proposed. Dane Johnson Dane Johnson, 1048 Silverbirch Place, stated that he marked neutral on his speaker card because he was not opposed to re -thinking the selection process. He expressed that instead of revamping the entire process, • perhaps the current process can be fine-tuned. Lollie Bergman Lollie Bergman, 847 Wescove Place, noted that she admired Councilmember Wong for attempting to "right" some things that have been evidently "wrong". She added that she has witnessed the many different ways that commissioners have been appointed and urged the Council not to change the ordinance, but to change the practice. Corey Warshaw Corey Warshaw, 3330 E. Holt Avenue, explained his support of a change in the commission selection process. Bill Singleton Bill Singleton, 243 N. Leland Avenue, expressed that the proposed process would be "politicizing" the commissions and, therefore, feels that the process should remain as it is. Council discussion Councilmember Wong stated that he felt that there were misconceptions about what he was trying to Councilmember Wong accomplish. He stated that his proposal will allow each Councilmember to conduct any interview process they desire to make a sensible choice. He added that he feels that this process will create stability on the commissions. Councilmember Herfert Councilmember Herfert noted that when he interview for the commissions, he is looking for the most skilled individuals. He reminded the Council of their authority to remove commissioners now without issuing new policy. He also expressed that when the process is changed, the way the City operates changes and it doesn't serve the citizens of West Covina in the best light. Councilmember Touhey Councilmember Touhey stated that he does not support the proposed process. He noted that last year he and Mayor Howard reached a consensus, made recommendations and received approval from the other members of the Council. He expressed that he felt it important to get a consensus of the Council which ensures a balance of views in the selection process. He concluded by stating that he would like to keep the current process in place and wanted to begin interviewing applicants as soon as possible. Councilmember Wong Councilmember Wong responded to earlier comments saying that he will give due consideration to all applicants. He continued by revisiting the process of removing commissioners that took place in 1994. He noted that each Councilmember having his/her choice of an appointment is what makes this process fairer than • what took place in 1994. Mayor Howard Mayor Howard noted that any appointment that she makes will be from the general community. She stated that this process will give each member of the Council an opportunity to reappoint or to bring new faces to the commissions. She concluded that she would support the proposed process and will be happy to change her vote if, in fact, the process doesn't work out. min08.17.99 7 City Council Minutes August 17, 1999 Mayor Pro tem Melendez Mayor Pro tem Melendez took exception to the notion that there is a 3-2 Council majority. He went on to say that he has always voted independently. He stated that he would support the proposal because it has merit, noting that allowing Councilmembers to represent its' residents is fair, honest and reasonable. Councilmember Touhey Councilmember Touhey asked for clarification of • eligibility. He wanted to know if only those who submitted applications were eligible; or if eligibility included those that did not apply. Councilmember Wong Councilmember Wong responded that the intention is for all interested parties exercise the opportunity. Mayor Howard Mayor Howard explained that if this item passes, then it will be an open process where those interested residents who did not submit an application may obtain one from the City Manager's Office or make contact with any one of the Councilmembers. Ordinance introduction Deputy City Clerk presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REVISING WEST COVINA MUNICIPAL CODE CHAPTER 2, ARTICLE III, BOARD AND COMMISSIONS. COUNCIL ACTION Motion by Wong and seconded by Howard to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Melendez, Wong, Howard NOES: Herfert, Touhey APPROVAL OF DEMANDS Motion by Wong and seconded by Melendez to approve checks #187230 through #187501 totaling $727,683.58 and wire transfers totaling $1,310,703.38, for a demand total of $2,038,386.96. Motion carried by roll call vote: AYES: Melendez, Touhey, Wong, Howard NOES: None ABSTAIN: Herfert (no chance to review prior to vote) Touhey (re: Community Food Bank) ORAL COMMUNICATIONS Royall Brown Royall Brown, 2153 Aroma Drive, raised concerns re the public's knowledge of a joint meeting scheduled for August 23Id between the Planning Commission and the Waste Management & Environmental Quality Commission. Mr. Brown feels that proper notice of the meeting has not been afforded the public. Dan Hobbs City Manager Hobbs responded that staff has recognized the importance of the August 23r° meeting and plans are to televise the meeting live on WCCT-TV. The meeting will be replayed in the interest of community information. • Doug McIsaac City Planner McIsaac mentioned that when the EIR was released for review on July 23rd, staff sent out some 1,400,notices to residents and businesses within a 500-ft. radius of the landfill announcing the meeting and the availability of the EIR. Additionally, the notice of same was published in the local newspaper as well as on the City's website, along with a summary of the EIR. Finally, the City's consultant is preparing a PowerPoint presentation in an effort to educate the public. ininO8.17.99 8 City Council Minutes August 17, 1999 E.T. Snell E.T. Snell, spoke on several issues including BKK and seeking assistance in exonerating himself of a crime of which he was wrongly accused. Councilmember Wong Councilmember Wong responded to Mr. Snell that the City Council does not have the authority to overturn a jury verdict and suggested that he seek the advice of an attorney for options he may have. John Scheuplein • John Scheuplein, 1520 E. Newcrest Drive, read excerpts from an anonymous letter he received. The letter addressed the misuse of authority by some employees and Councilmembers, the morale at City Hall and other issues. Councilmember Wong Councilmember Wong responded to Mr. Scheuplein's comment with an explanation of why Oral Communications were moved closer to the end of the agenda. Councilmember Touhey Councilmember Touhey suggested that those persons wishing to address Council on a. non-agendized item, be allowed to speak after persons speaking on items that are on the agenda. He also suggested that Council meet with the Police Chief to try and bring some closure to Mr. Snell's issue. Councilmember Herfert Councilmember Herfert mentioned that to move a subject matter to another part of the agenda is at the Mayor's discretion. He also stated that he agreed with some of the issues brought out.in the anonymous letter. He went on to say that there is a lot of negativity in West Covina right now, and the divisiveness among the Council only breeds more negativity. Robert N. Tafoya Robert N. Tafoya, 2214 Calle Jalapa, thanked the City Manager for promptly responding to a written request he sent. He asked that the Council set some dates for the public meetings regarding the sale of the water system. He also asked that some time be set aside at the beginning of Council meetings to address the water sale issue. In closing, he noted the position of his group (Citizens Against the Water Sale) is that the City can offer the citizens a better price at a 10% discount and they wish to keep local control of the water system. Clement Johnson Clement Johnson, 2603 Paseo Olivas, noted that he is opposed to the sale of the water and would like for Council to schedule some town hall meetings as soon as possible. Frank Michaud Frank Michaud, 1038 E. Workman, wanted to know what happens to the Commissioners whose terms are not over. Mayor Howard responded that the commissioners will serve until their replacements are appointed. MAYOR'S REPORT None • COUNCILMEMBERS' REPORTS Traffic Conditions on Aroma Drive - Herfert Councilmember Herfert requested staff study the traffic conditions at Galster Way and Aroma Drive. He suggested that staff solicit the opinions of residents that travel in the area. Mr. Herfert also requested that staff agendize the matter of having someone to man the site of a traffic study to get residents' input. min08.17.99 9 City Council Minutes August 17, 1999 • Councilmember Herfert Councilmember Herfert stated that the City's volunteer base is sliding. Secondly, he noted that he doesn't have the support of staff anymore. He had made the request for a legal audit and, after a year, it still hasn't materialized. He also noted that he had requested transcripts and never received them. Mayor Howard Mayor Howard stated for the record that she had not made any additional request for transcripts, but that the transcripts Councilmembers received in their packets were dies of the ones she had read at the meeting. Mayor Pro tem Melendez Mayor Pro tem Melendez requested the following items be agendized: a) -a moratorium on any new permits for alcohol sales; b) monuments at the City's entrances/exits; and c) ways to identify service clubs in the City. Councilmember Touhey Councilmember Touhey stated that monument signs were approved in 1995, but the money was taken out of the budget and put back into the Redevelopment General Fund. He noted that money has been budgeted for the signs for the past four years. Mr. Touhey expressed some concerns regarding alcohol sales. CITY MANAGER'S REPORT City Manager Hobbs expressed that the political attacks against himself and others are unfair and unfortunate and any negativity that's being spread is not coming from the office of the City Manager. ADJOURNMENT Motion by Howard and seconded by Touhey to adjourn the meeting at 11:05 in memory of Ernie "Pappy" Papenfus and to direct staff to send condolences to the family. Motion carried 5-0. yor Kathr n Howard ATTEST: City Clerk JarietBer min08.17.99 IDJ