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09-07-1999 - Regular Meeting - Minutes11 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL SEPTEMBER 7, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:39 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Lee Gugliotto of West Covina Hills Seventh Day Adventist Church gave the invocation and Councilmember Wong led the Pledge of Allegiance. ROLL CALL Mayor Howard, Mayor Pro Tern Melendez, Councilmembers Herfert, Touhey, Wong Others Present: Hobbs, Fields, Martyn, Collier, Fong, Chung, Samaniego, Wills, Schimanski, Briley, King, Yauchzee, Pidgeon, Bommarito, Berry APPROVAL OF MINUTES The following sets of minutes were approved as presented: * Special meeting of August 3, 1999 * Regular meeting of August 3, 1999 * Special meeting of August 17, 1999 * Regular meeting of August 17, 1999 PRESENTATIONS Dr. Patricia Rasmussen, Vice President Institutional Advancement at Mt. San Antonio College, presented Mt. SAC's 1999 Update of Activities and Programs. A five-minute video explained the needs of the college that could be met through the passage of Measure M on November 2, 1999. Building Official Yauchzee introduced the recently hired Senior Code Enforcement Officer Dan Smith. PROCLAMATIONS Mayor Howard proclaimed September 5 — 11, 1999, as Women in Construction Week and presented the proclamation to Gwen Stone, President of the National Association of Women in Con- struction, San Gabriel Valley Chapter. Mayor Howard proclaimed September 25,1999, as Stop the Violence Day and presented the proclamation to Gary Lawson, CEO of Future America. Mayor Howard proclaimed the month of September, 1999, as Food Safety Education Month and presented the proclamation to Kirsten Morlock, Los Angeles County Environmental Services. • Mayor re order of agenda Mayor Howard suggested some language changes to the Agenda to enable citizens to address Council earlier in the meeting pertaining to items not listed on the Agenda. HEARINGS No hearings scheduled for this meeting. Council Minutes of 9/7/99 CONSENT CALENDAR Commissions' Summary of Actions (receive & file) Planning 8/24/99 Waste Management/Environmental Quality 8/19/99 Planning & WM/EQ Joint Meeting 8/23/99 Community Services 8/10/99 • Senior Citizens 8/12/99 Claims Against the City (receive & file) On April 26, 1999 the City Clerk's Office received a claim for property damage amounting to $1,875.00 from Linda D. Chavarria. Temporary Use Permits (receive & file) TUP 42531-99 was issued to Coldwell Banker for a kid's fair on 8/7/99 at Cameron Park. TUP #2532-99 was issued to First Financial Federal Credit Union, 1616 Cameron Avenue, for a car sale from 8/14 through 8/15. Acceptance of Improvements/Release of Bonds Precise Plan 724, Revision 2 Pacific Communities Builders Location: Tract 35930, Aroma Drive and Donna Beth Drive. Recommendation is to accept onsite and offsite improve- ments in conjunction with the development of a portion of Tract No. 35930 known as Precise Plan No 724, Revision 2, and release Performance Bond No. 420006S by Developers Insurance Com- pany in the amount of $407,800.00. Award of Bids SP 97110 —Rehabilitation of Segments of Various Bus Routes SP 97110 - Recommendation is to take the following actions: Sully -Miller Contracting Co. a) Transfer $428,000.00 from SP 99106 (Account No. 122- 3 20-3 926-7200) to SP 97110 (Account No. 122-320-3737-7200) and appropriate $30,000.00 from the unappropriated Proposition A funds to SP 97110 (Account No. 122-320-3737-7200). b) Accept the bid of the lowest bidder, Sully -Miller Contracting Company, Anaheim, in the amount of $600,250.00 as submitted at the bid opening on June 7, 1999 and authorize the Mayor and City Clerk to execute the contract. SP 98102 and SP 98105 — Citrus Street and Cameron Avenue — Street Rehabilitation SP 98102 & SP 98105 - Recommendation is to take the following actions: Sully -Miller Contracting Co. a) Appropriate $424,500.00 from unappropriated TEA-21 (Federal funds) to SP 98102 and SP 98105. b) Accept the bid of Sully -Miller Contracting Company, Anaheim, in the amount of $798,119.82, as submitted at the bid opening on June 24, 1999, and authorize the Mayor and City Clerk to execute the contract. • c) Authorize a professional soils and material testing services contract with LaBelle -Marvin Professional Pavement Engineering not to exceed $18,400.00 and authorize a professional engineering services contract with Mr. W. F. Herring not to exceed $9,750.00. Purchase Three Ford Crown Victoria Vehicles Villa Ford Recommendation is to authorize the purchase of three 2000 Ford Crown Victoria vehicles from Villa Ford of Orange in the amount of $66,026.08 including tax, license and delivery. `A Council Minutes of 9/7/99 • Purchase of Sten Van Truck Thorson GMC Truck Center Recommendation is to authorize the purchase of a 1999 GMC truck with step van body from Thorson GMC Truck Center, Pasadena, in the amount of $27,450.00 including tax, license, and delivery. Ordinance for Adoption (waive reading & adopt) Ordinance 2041 - ORDINANCE 2041 — AN ORDINANCE OF THE CITY Appointing commissioners COUNCIL OF THE CITY OF WEST COVINA REVISING WEST COVINA MUNICIPAL CODE CHAPTER 2, ARTICLE III, BOARDS AND COMMISSIONS Miscellaneous — Environmental Management Graffiti Removal Agreement Renewal Boys & Girls Club of S. Gabriel Recommendation is to authorize the Mayor and City Clerk to execute Amendment No. 5 to the Graffiti Agreement, extending the contract to August 31, 2000. Miscellaneous — Personnel Services Implementation of Three -Year Salary Increases for -Six Employee Groups Recommendation is to waive reading and adopt the following: Resolution 9729 - RESOLUTION NO. 9729 — A RESOLUTION OF THE CITY Salary increases COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING THE SALARY STRUCTURE FOR CLASSIFI- CATIONS REPRESENTED BY THE MID -MANAGEMENT EMPLOYEES ASSOCIATION, CONFIDENTIAL/EXEMPT EMPLOYEES ASSOCIATION; GENERAL EMPLOYEES ASSOCIATION, MAINTENANCE EMPLOYEES ASSOCI- ATION, PUBLIC SAFETY DISPATCHERS ASSOCIATION AND THE UNREPRESENTED CLASSIFICATION OF COM- MUNICATIONS SUPERVISOR CONSENT CALENDAR ACTION Motion by Wong and seconded by Herfert to waive further reading of the resolution and adopt, and to approve all other items listed except Item B-6 (Ordinance No. 2041). Motion carved by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None John Scheuplein John Scheuplein, Personnel Commission, urged the City Council not to approve the proposed ordinance to change the commission appointment process. Ordinance 2041 adopted Councilmember Herfert stated that he was in opposition to the proposed change in the commission appointment process and would not vote in favor of the ordinance adoption. Council - member Touhey concurred. City Clerk Berry presented the title of the ordinance. Motion by Wong and seconded by Howard to waive further reading of the ordinance and adopt. Motion carried 3-2 with Herfert and Touhey voting no. K Council Minutes of 9n199 L PUBLIC SERVICES PROPOSED AMENDMENT OF LETTER OF INTENT BY Public Services Director Collier elaborated on the staff report with the use of the overhead projector. Ed Cano Ed Cano, 1216 Bubblingwell Road, asked for a clarification of the figures regarding the water sale. Councilmembers Herfert and Touhey responded. Councilmember Herfert explained that the City does not have much control over the water rates, because the water rights are held by MWD, the agency that imposes the expensive water costs to its customers, the City of West Covina is one such customer. Suburban Water Systems, however, owns its own water rights and does not purchase water from MWD (except during emergencies). Councilmember Touhey presented a quick review of the work by the Council's ad hoc committee on the potential sale of the water system. Councilmember Wong spoke against accepting any amendments or changes to the Letter of Intent that was accepted by the City Council the last time it was on the Agenda. He did not want the City to lose half a million dollars from the previously approved $12 million purchase price. Councilmember Touhey stated that he would support the amendment proposed by Suburban to reduce water rates by 15% (13.6% net) and Walnut customers by 0.2%. This would be contractually guaranteed for four years, and reduces the sales prince of the water system from $12.0 million to $11.5 million. Motion Motion by Touhey and seconded by Herfert to approve a 15% gross rate reduction for the West Covina customers and 0.2% for the Walnut customers for four years, which reduces the purchase price of the water system to $11.5 million. Mayor Pro Tern Melendez read from a report prepared by Bookman-Edmonston (the consultants) and Councilmember Touhey suggested that he refer to the more recent memoranda and reports. Action on motion Mayor Howard asked for the vote on the pending motion, stated two paragraphs above. Motion carried 3-2 with Melendez and Wong voting no. Recess Mayor Howard called a recess at.9:12 pm. The City Council re- convened at 9:27 pm with all members present. In relation to the item just discussed by the City Council, motion by Herfert and seconded by Howard that there be two public meetings at two different locations to discuss the potential sale with the residents in the effected area and that they be scheduled as soon as.possible. Motion carried 5-0. REQUEST FOR EXTENSION OF COMMENT PERIOD: BKK CLOSURE PLAN/DEVELOPMENT PLAN — EIR Public Services Director Collier elaborated on the staff report. IJ Council Minutes of 9/7/99 Mike Miller Mike Miller, 735 E. Herring Avenue, submitted a letter and com- mented further on his reasons for an extension to the review period. He requested a thirty -day extension. Alan Tuntland Alan Tuntland, representing BKK Landfill, related all the works - and steps taken so far by BKK. He suggested a one -week exten- sion at the most, as any more time would jeopardize the project. Royal Brown Royal Brown, 2153 Aroma Drive, complained that the document wasn't available at the Planning Department counter or at the City Hall Annex. He encouraged Council to uphold the commissions' request for a 60-day extension. Linda Santos Linda Santos, President of the Filipino American Chamber of Commerce, stated that her group supports the development of the landfill area. She requested Council not grant an extension to the review period because it would cause a delay with the progress. Council discussed extending the review period for public comment. Motion by Herfert and seconded by Melendez to approve a thirty -day extension for the public comment period for the BKK Closure Plan/Postclosure Maintenance Plan and Development Plan Draft Environmental Impact Report. Motion carried 5-0. Mayor Howard moved forward Oral Communications because of the large number of speaker cards from the audience who wished to address the same issue: Moe the Chimp. ORAL COMMUNICATIONS Steve Graybill Steve Graybill, 1212 E. Puente Avenue, stated that since Moe was removed from his owner's residence and placed in a reserve, Moe has been depressed and not eating. Ruth Ann Haskell Ruth Ann Haskell, 1033 E. Eckerman Avenue, stated that Moe has never been a problem in the twelve years she has lived in the vicinity. Lisa Erickson Lisa Erickson, 1042 E. Casad Avenue, stated she was eight years old when she met Moe and she has been devastated and upset ever since he was removed from his owner's residence. Frances Nelson Frances Nelson, 1049 E. Casad Avenue, felt that Moe needs to come home to where he is loved by his owners and the neighbors. Jeanne Kirby Jeanne Kirby, 16141 Edna Place, Covina, felt there was no reason for the chimpanzee to be removed from his owner's home. Moe probably reacted out of fear during the last couple of incidents. Mary Ellen Kintzel Mary Ellen Kintzel, 1123 W. Puente Avenue, noted that her son often played with children in Moe's neighborhood and for several years the kids would enjoy visiting and talking about Moe. George Ogden George Odgen, 1249 S. Valinda Avenue, commented on public access television. He submitted a letter earlier and recognized that he would be speaking with him later on it, but requested Council to review his letter. Council Minutes of 9/7/99 • Royal Brown Royal Brown, 2153 Aroma Drive, opposed Measure M slated for the November 2, 1999 ballot. Measure M is a bond issue for infra- structure rebuilding and new construction at Mt. SAC and urged a no vote. Councilmember Touhey appreciated the live and concern expressed by the residents for Moe the Chimp. He did address the City's position regarding the health and safety of the residents and the police officer that was bit. Additional concurring comments were offered by Councilmembers Melendez and Wong, and Mayor Howard, PUBLIC SERVICES (continued) UPDATE ON NEGOTIATIONS WITH VALENCIA HEIGHTS WATER COMPANY Valencia Heights Water Co. Councilmember Wong stated that as a resident served by Valencia Heights Water Company, he owns one share of the mutual water company. Due to conflict of interest laws, he would abstain from the discussion and vote on this issue. Public Services Director Collier presented the staff report. Motion by Touhey and seconded by Herfert to receive and file the report. Motion carried 4-0-1 with Wong abstaining (conflict of interest). MORATORIUM (INTERIM URGENCY ORDINANCE) REGARDING ALCOHOL SALES PERMITS Public Services Director Collier presented the staff report. Council discussion followed regarding urgency, types of on -site and off -sale businesses, clustering of similar businesses, permitting the influx of churches, etc. into neighborhood com- mercial zones and the results of that within close proximity to businesses selling alcohol. Motion by Wong and seconded by Herfert to receive and file the staff report. Motion carried 4-1 with Melendez voting no. CLARIFYING REVISION TO MUNICIPAL CODE SECTION DEALING WITH THE MAINTENANCE OF SEWER LATERALS Due to the time (11:04 pm) Mayor Howard recommended that this item be reagendized for the next Council meeting and discussed at that time. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 11:04 pm to convene the Redevelopment Agency. The City Council recon- vened at 11:05 pm with all members present. COMMUNITY SERVICES PUBLIC SAFETY No reports for this meeting. No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. 3 Council Minutes of 9n199 APPROVAL OF DEMANDS AND WIRE TRANSFERS Motion by Wong and seconded by Herfert to approve demands in the following amounts: Checks: $1,455,037.12 Wire transfers: 3,969,776.49 TOTAL $ 5,424,813.61 Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSTAIN: Touhey re Community Food Bank MAYOR'S REPORT Sully -Miller Contracting Co. Mayor Howard announced a settlement has been reached in a recent lawsuit regarding the Azusa Avenue/Amar Road paving project, SP 94102. The parties involved in the lawsuit were: City of West Covina, Sully -Miller Contracting Company, Mission Paving, Petro-Cem, and Los Angeles County. The signed settle- ment is on file in the City Clerk's Office. Mayor Howard stated that she represented the City at the MDA telethon. It was an exciting fund-raising event where the MDA was presented with a check in the amount of $50,100. COUNCILMEMBERS' REPORTS Councilmember Herfert wasn't interested in pursuing this topic further. REPRESENTATION ON THE INDEPENDENT CITIES ASSOCIATION BOARD OF DIRECTORS Councilmember Herfert elaborated on the staff report. Motion by Herfert and seconded by Touhey to permit Councilmember Touhey to remain as the City's representative to the ICA Board of Directors until the next round of appointments, about six months. Mayor Pro Tern Melendez noted Mr. Touhey was replaced in May, continued to attend the meetings, and was elected to the Board even though he knew had been replaced. Councilmember Herfert withdrew the motion. Council - member Touhey stated anyone can attend the general membership meetings and he enjoys attending and participating. He did not seek appointment to the Board of Directors, the Board took that action on their own as they lost one of the Directors. Unfortunately the Councilmember who was appointed as the replacement has not attended. VOTING DELEGATES FOR NATIONAL LEAGUE OF CITIES —1999 CONGRESS • Council reviewed the staff report. Motion by Touhey and seconded by Melendez to appoint Councilmember Wong as the voting delegate and Mayor Howard as the alternate for the National League of Cities Annual Congress business meeting. Motion carried 5-0. Councilmember Herfert requested the following item be agendized for the next City Council meeting: Fourth of July celebration for 2000 and how we plan to proceed. Council Minutes of 9n199 • CITY MANAGER'S REPORT No reports for this meeting. CLOSED SESSION City Manager Hobbs stated that there would be no need to convene a closed session. The items that were scheduled for discussion can be handled next time. ADJOURNMENT Attest: City C1erk'Jatiet Berry Motion by Herfert and seconded by Touhey to adjourn the meeting at 11:19 pm. Motion carried 5-0.