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10-19-1999 - Regular Meeting - MinutesC. MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL OCTOBER 19, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:37 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Lee J. Gugliotto of West Covina Hills Seventh-Day Adventist gave the invocation and Councilmember Touhey led the Pledge of Allegiance. ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers Herfert, Touhey, Wong Others Present: Hobbs, Fields, Martyn, Fox, McIsaac, Samaniego, Briley, Mayer, Bommarito, Greene, Wills, Schimanski, Berry APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of September 21, 1999 Regular meeting of September 21, 1999 Special meeting of October 4, 1999 (water sale) PRESENTATION With the assistance of Manny Gallegos, Team Manager, Mayor Howard presented certificates to the members of the West Covina Girls Softball 8 and under team, champions of the All -Star Classic Tournament held in July. HEARINGS ZONE CHANGE NO. 665 AND NEGATIVE DEC. APPLICANT: Michael Yang LOCATION: 3200 East Cortez Street City Clerk Berry verified the affidavit of publication and Mayor Howard opened the public hearing. City Planner McIsaac presented the staff report. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for comments in favor of the zone change. The following person addressed Council: In Favor May Tau, Civil Engineer of EGI Associates, Inc., spoke as the applicant's representative, urging Council's support and approval. In Opposition Mayor Howard asked for comments in opposition to the zone change and no one addressed the City Council. She then closed Testimony closed the public testimony portion of the hearing. City Clerk presented: Resolution 9732 - RESOLUTION NO.9732 — A RESOLUTION OF THE CITY Certifying neg. dec. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP NO. 25502 AND ZONE CHANGE NO. 665 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion by Herfert and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 5-0. Council Minutes of 10/19/99 City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 665 Motion by Wong and seconded by Touhey 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 Commission 10/12/99 Claims Against the City (deny & notify claimant) On May 17, 1999 the City Clerk's Office received a claim for property damage from Michael D. Murphy. The amount of the claim had not been determined at time of presentation. Approval of Final Map (waive reading & adopt resolution) Subdivider: Goldrich, Kest, and Associates Location: Two lots at Grand Avenue and Holt Avenue Resolution 9733 - RESOLUTION NO. 9733 — A RESOLUTION OF THE Parcel Map 24881 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 24881 AND DIRECTING THE RECORDATION THEREOF (Goldrich, Kest, and Associates) City Treasurer's Report (receive & file) Report for the month of August, 1999 Miscellaneous — Public Services CIP & Building Activity Report — Third Quarter Recommendation is to receive and file the informational report for the quarter ending September 30, 1999. Tree Plantine Grant ADDlication Recommendation is to adopt the following resolution: Resolution 9734 - RESOLUTION NO. 9734 — A RESOLUTION OF THE CA Trees for the Millennium CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE APPLICATION FOR FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM AS PROVIDED THROUGH THE CALIFORNIA TREES FOR THE MILLENNIUM INITIATIVE FUNDED THROUGH THE FOREST RESOURCE IMPROVEMENT FUND Reclaimed Water Utilization Plan Reclaimed Water consultant - Recommendation is to authorize engaging the services of Mr. Parsons Engineering Science Richard Bentwood with Parsons Engineering Science, Inc., in an amount not to exceed $4,500 to assist staff in evaluating the use of reclaimed water -for public areas within the area of the City commonly known as "Woodside Village." • Miscellaneous — Police Department Additional Funds for COPS School -Based '98 Grant COPS '98 Grant Recommendation is to authorize the appropriation of the additional grant award ($15,571) added to the unspent grant funds to be carried over from FY 98/99 as follows: • $2,000 into 134-304-2110-5113 (WCPD Overtime, com- mitted to project) Council Minutes of 10/19/99 I • • $10,000 into 134-304-2110-5112 (Teachers' time com- mitted to project) • $2,571 into 134-304-2110-6050 (Travel/expenses to man- datory conferences) • $500 into 134-304-2110-7160 (Supplies) • $500 into 134-304-2110-6270 (Student incentives) Appropriation of Second - Year OCJP Domestic Violence Grant Funds Recommendation is to authorize the appropriation of the additional grant award ($90,000), added'to the unspent grant funds to be carried over from FY 98-99, as follows: • $41,960 into 142-304-2110-5112 (funds for part-time Victim Advocate) • $24,500 into 142-304-2110-5113 (domestic violence inves- tigations overtime) • $3,680 into 142-304-2110-6050 (mandatory grant travel and DV training) • $1,500 into 142-304-2110-6112 (mandatory audit of the grant) • $5,000 into 142-304-2110-6120 (consulting/training by YWCA -WINGS) • $1,000 into 142-304-2110-6210 (office supplies) • $1,000 into 142-304-2110-6212 (printing) • $5,260 into 142-304-2110-6220 (emergency response kits) • $500 into 142-304-2110-7130 (computer equipment) • $5,600 into 142-304-2110-7160 (equipment, including digital cameras) Purchase of One Police Motorcycle Purchase of One Motorcycle - Recommendation is to take the following actions: a) Find that City of Alhambra's procurement process is at least as stringent as that used by the City of West Covina, and b) Find that the City of Alhambra's Bid No. N99-24 satisfied the formal bid process under WCMC § 2-333 and justifies the waiver of the formal bid process; and authorize staff to purchase one Kawasaki Police motorcycle for $8,258.39, including tax, from Pomona Valley Kawasaki. Driving Simulator Purchase Recommendation is to receive and file the staff report. Miscellaneous — Personnel Department Approval of Revised Class and Job Description for Police Officer Recommendation is to adopt the following resolution: Resolution 9735 - RESOLUTION NO. 9735 — A RESOLUTION OF THE Police Officer Class Specs. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSI- TIONS, AS AMENDED; AND APPROVING THE REVISIONS TO THE POLICY OFFICER CLASS SPECIFICATION Miscellaneous — City Clerk's Office Destruction of Certain Documents as Prescribed by Law Recommendation is to adopt the following resolution: ' Resolution 9736 - RESOLUTION NO. 9736 — A RESOLUTION OF THE Destruction of Documents CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Council Minutes of 10/19/99 • • Miscellaneous — Environmental Management BKK Landfill Closure Plans Status Report Recommendation is to receive and file the staff report. In relation to Item M-5 (Councilmember Touhey's Azusa Avenue Beautification Project), Mr. Touhey requested staff to explore the extension of the reclaimed water pipe (Consent Calendar Item re Reclaimed Water Utilization Plan) CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further reading of the resolutions and adopt, and to approve all items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None END OF CONSENT CALENDAR Mayor Howard suggested that Item M-3 be moved forward at this time, due to the number of speaker cards received relating to this item (Sale of Fireworks to Celebrate the Millennium). SALE OF FHiEWORKS IN THE CITY OF WEST COVINA FOR THE MILLENNIUM — COUNCILMEMBER TOUHEY Millennium Fireworks Councilmember Touhey explained that the City Attorney has opined that because the ordinance banning fireworks in West Covina (Ordinance No. 1790) was upheld through the referendum process, the City Council has no ability to set that prohibition aside without going back to the electorate for another vote. He concluded his remarks by withdrawing the subject matter from further consideration. Mayor Howard noted that the issue was moot; however, comments ; ` would be received if there were citizens who still desired to address the issue. The following individuals spoke: Nancy Manners Nancy Manners, 734 N. Eileen Avenue and former Mayor of West Covina, presented the history of the ordinance and the flavor of the citizens' feelings on the subject, the majority of whom pressed for a citywide ban. Others speaking in opposition to temporarily lifting the ban included: Louis Fine Louis Fine, 1210 S. Robin Road Adelaide Welch Adelaide Welch, 1552 Maplegrove Street Audrey Lynberg Audrey Lynberg, 1311 Golden Vista Drive, offered an alternative "End of the Year" celebration at Thyberg Field where veterans and others could have booths and the City could provide a fireworks display. Richard Jennings Richard Jennings, 1616 E. Greenville Drive Carl Johnson Carl Johnson, 329 N. Orange Avenue and former Fire Chief of Covina Grant Janssen Grant Janssen, 224 N. Sunkist Avenue, spoke in support of permitting fireworks to celebrate the millennium and our freedom. George Ogden George Ogden, 1249 Valinda Avenue, stated that prior to hearing the City Attorney's opinion he would have supported fire -works because of the tendency people will have in shooting them off and there will be neighboring cities permitting it. Council Minutes of 10/19/99 Marvin Garland Marvin Garland, M.D., 1532 S. Alpine Drive, related the eye accidents he has seen and treated due to fireworks and fully supported the continuation of the ban. William Snider William Snider, M.D., 2657 E. Charlinda, supported the ban. • Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, felt it was unfortunate that irresponsible adults have been the cause of the ban and it would have been nice to celebrate the millennium. Councilmember Touhey noted his support for this country's freedom and liberties; however he expressed his respect for the legal opinion of the City Attorney relative to this matter. PUBLIC SERVICES APPROVAL OF WATER SYSTEM SALE ELECTION NOTICE AND BALLOT LANGUAGE Public Services Director Collier presented the staff report. He noted that Suburban Water Systems submitted a letter requesting one additional provision be added to the Notice. Suburban requested the following sentence be added to the end of Paragraph No. D.2 under the rates on page 3: "There will be no costs including a reasonable return not fully reflected in the first year's rates." Royal Brown Royal Brown, 2153 Aroma Drive, questioned the constitutionality of the intended ballot because the water is a federal matter since the water flows between different states. City Attorney Marlyn noted that the City is not selling the water, it is selling the water system. The Utility Code of California law governs the sale of the water system and the City is in compliance with its statutes. Councilmember Wong suggested that the due -date and time for returning the ballots be printed clearly on the outside to avoid any confusion. Councilmember Touhey supported the proposed language change and suggested the following as well: on Page one, Item 2 under Rates should read $1.50 to the Walnut customers, not $1.51. He opposed using the optional rate comparison table and suggested the first comparison table on Page 2. City Manager Hobbs noted a correction on Page 4, there is a reference to the RFP process and it should state RFQ. Robert Tafoya Robert Tafoya, 2214 Calle Jalapa, president of "Citizens Against the Water Sale," requested that the impact on the general fund be included in the ballot material. Mayor Pro Tern Melendez restated his alternate view to the sale of the water system. He stated his belief that every resident will be negatively impacted if the water system sale passes and he • expounded on his reasons for this position. Councilmember Herfert noted that only those West Covina residents who are served by the West Covina Water Company will vote on this issue. Those residents who pay their water bills to some other water purveyor other than the City will not receive a ballot on this matter. He added that he felt the proposed ballot wording is fair and shows both sides of the issue. 5 Council Minutes of 10/19/99 • • Ballot Question Verbiage Mayor Howard requested Council to choose between the two ballot questions on the first page of the staff report. All five Councilmembers chose Alternate No. 1: "Shall the City of West Covina's Water System be sold under the terms and conditions in the attached Notice?" Action Motion by Herfert and seconded by Howard to approve with the recommended changes by the City Council and Suburban Water Systems as discussed above. Motion carried 4-1 with Melendez voting no. Recess Mayor Howard called a recess at 9:00 pm. The City Council reconvened at 9:21 pm with all members present. ENVIRONMENTAL MANAGEMENT SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S REPORT "EVALUATION OF HEALTH EFFECTS OF LANDFILL GAS EMISSIONS IN THE LOS ANGELES BASIN Environmental Management Director Samamego presented the staff report. Motion by Herfert and seconded by Touhey to refer the matter to the Waste Management/Environmental Quality Commission. Royal Brown Royal Brown, 2153 Aroma Drive, opposed the staff recommenda- tion and agreed with Councilmember Herfert's motion to refer the matter to the Commission. Mayor Howard asked for a vote on the motion and it passed 5-0. REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 9:30 pm to convene the Redevelopment Agency. The City Council recon- vened at 9:34 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. GENERAL ADMINISTRATION No reports for this meeting. APPROVAL OF DEMANDS Motion by Wong and seconded by Herfert to approve Demands totaling $2,672,932.35 (of which $1,153,824.29 was made by wire transfer) as listed on check registers Nos. 188729 through 189052. Councilmember Touhey requested that Check No. 189010 made payable to Colleen Janssen be removed from the list for separate action. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSTAIN: Touhey re Community Food Bank M Council Minutes of 10/19/99 • • Motion by Wong and seconded by Howard to approve the disbursement of Check No. 189010. Motion carried 3-2 with Herfert and Touhey voting no. ORAL COMMUNICATIONS Charlesetta Wagner Charlesetta Wagner, 3401 S. Sentous Avenue, stated that she applied for Section 8 Housing through the Baldwin Park Housing Authority four years ago. She has been there to talk to the Authority people in person and was not treated very well. She has called on the phone at least once a week to find out if she has moved up on the waiting list. She appealed to Council to assist her with the problem. Mr. Ronny Jones spoke in support of Mrs. Wagner and her situation. Acting Community Services Director Bommarito stated that she has talked to the director of the Housing Authority and related his concerns to Council about personnel issues and the program in general. There are program changes that are adding to the current difficulties. Motion by Herfert and seconded by Melendez to authorize Mayor Howard to send a letter to the Baldwin Park Housing Authority regarding the Section 8 problems. Motion carried 5-0. John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, discussed business license requirements in reference to Councilmember Wong's com- ment at a previous meeting. MAYOR'S REPORT Mayor Howard reported on the League of California Cities Con- ference last week at San Jose. She felt it was an excellent convention. She had several booklets and an audio tape regarding profitable private/public partnership to share with her colleagues on the Council. Mayor Howard announced the upcoming Red Ribbon Rally Pan- cake Breakfast scheduled for Saturday, October 23, from 8 am to 12 noon at the West Covina High School. Mayor Howard requested Councilmember Herfert to work with her on establishing standing rules for the City Council. The ad hoc committee will report back in two weeks and, if necessary, will extend it longer at that point. COUNCILMEMBERS' REPORTS 1) ENA with Suburban Water Systems — Mavor Pro Tern Melendez Mayor Pro Tern Melendez requested that this item be held over until the next Council meeting. 2) Lemon Avenue Connector Road — Councilmember Herfert Public Services Collier gave a brief staff report on the history of the concept of a connector road across the slopes at the landfill, connecting into the City of Walnut. Discus- sion followed. Motion by Herfert and seconded by Touhey to send a letter to the City of Walnut requesting their thoughts about a connector street at this time. Motion carried 5-0. 7 • • 3) Sale of Fireworks in the City of West Covina for the Millennium — Councilmember Touhev This item was taken earlier in the meeting. 4) Expanded Insurance for Councilmembers — Councilmember Touhev Councilmember Touhey stated that this report does not address the information he was seeking. He referred to his memo dated August 25, 1998 that covered a variety of issues. He requested that this item be placed on the next City Council meeting Agenda. 5) Gateway to West Covina — Azusa Avenue Beautification Proiect — Councilmember Touhev Councilmember Touhey elaborated on the staff report and presented his ideas for improving Azusa Avenue. Motion by Herfert and seconded by Touhey to direct staff to research possible funding sources and report back at the next Council meeting. Motion carried 5-0. Councilmember Herfert reported that Colleen Janssen did in fact obtain a business license the day after the last City Council meeting. In response to Councilmember Herfert's question re former employee Basil Panas, City Manager Hobbs stated that as procla- mations fall under the auspices of the Mayor, he would bring the subject matter up at the next Mayor/Mayor Pro Tem meeting. Councilmember Herfert requested staff to agendize on the next Council Agenda Toys for Tots Campaign for Personnel Commissioner Carlos Thrasher. Councilmember Herfert complimented Councilmember Touhey, and the committee, for the work on the golf tournament fundraiser for the upcoming 1999 City Rose Float entry. He also extended kudos to Acting Community Services Director Bommarito and her staff. Councilmember Touhey thanked the volunteers who helped all day with the tournament. Councilmember Wong expressed some ambivalence on the insurance issue and is interested in leaming how other cities handle this. CITY MANAGER'S REPORT City Manager Hobbs reported that the City rebid the street main- tenance contract and the low bid came in at $7,000 less than the current contract with a higher level of service. That contract award will be scheduled before Council at the next meeting. ADJOURNMENT :Attest: City Clerk Janet Berry Motion by Herfert and seconded by Wong to adjourn the meeting at 10:17 pm. Motion carried 5-0.