02-01-2000 - Regular Meeting - Minutes•
•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
FEBRUARY 1, 2000
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:35 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Councilmember Wong led the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers
Herfert, Touhey, Wong
Others Present: Hobbs, Fields, Pidgeon, Hatch, Keating, Greene, Martyn, Fox,
McDonald, Bommarito, Wills, Samaniego, Schimanski, Morgan,
Mayer, Briley, McIsaac, Collier, Berry
PRESENTATIONS Sponsors, volunteers, and the Rose Float Committee members for
the City's 2000 Rose Float entry received certificates of
appreciation from the Mayor and Community Services Director
Hatch,
HEARING CONTINUED PUBLIC HEARING —
CODE AMENDMENT NO. 291—
OFF-SALE AND ON -SALE ALCOHOL USES
City Attorney Martyn stated that she has received an opinion from
the Fair Political Practices Commission regarding a potential
conflict of interest with two of the Councilmembers and the issue
at hand. The FPPC stated there was no conflict and the two
Councilmembers may participate and vote.
City Planner McIsaac presented the staff report with
overheads. He responded to questions and comments of the City
Council.
Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for comments in favor of the code amendment. No one
addressed the City Council. She then asked for comments in oppo-
sition and again no one addressed the City Council. Mayor Howard
Testimony closed closed the public testimony portion of the hearing.
Council expressed appreciation for the work conducted by staff on
this issue; however, they were not interested in implementing the
code amendment.
Motion by Touhey and seconded by Wong to receive and
file the staff report. Motion carried 5-0.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
Planning 1/25/00
Senior Citizens 1/13/00
Temporary Use Permits (receive & file)
TUP #2576-00 was issued to South Hills County Club at 2655
South Citrus Street for a New Year's event on 12/31/99.
Council Minutes of 2/l/00
Approval of Final Map (waive reading & adopt resolution)
Resolution 2000-8 RESOLUTION NO. 2000-8 — A RESOLUTION OF THE CITY
Lot Line Adjustment 139 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 139 AND
DIRECTING THE RECORDATION THEREOF (Jose G.
Gutierrez)
• Award of Bid
Handheld Computers for Building Division
MDS Services - Recommendation is to accept the proposal of MDS Services and
Handheld computers authorize the Mayor and City Clerk to execute an agreement for an
amount not to exceed $47,590.
Miscellaneous — Public Services
State Funding for Design of the Rehabilitation of Various
Residential Streets —Project SP 99130
Recommendation is to take the following actions --
Establish SP 99130 a) Establish SP 99130 for the rehabilitation of various resi-
dential streets damaged by the El Nino storms with financial
account numbers to be assigned concurrent with construction
contract award; and
b) adopt the following resolution:
Resolution 2000-9 - RESOLUTION NO. 2000-9 — A RESOLUTION OF THE
Approving state/local agency agree. CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING PROGRAM SUPPLE-
MENT AGREEMENT NO. 0215 REV. 000 TO LOCAL
AGENCY/STATE MASTER AGREEMENT NO. 000259
AND AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE SAID PROGRAM
SUPPLEMENT NO. 0215 REV. 000
Miscellaneous — Community Services
Approval to Sell Beer and Wine at Rotary Fund Raiser
Recommendation is to approve the sale of beer and wine at the
West Covina Senior Center for the February 26, 2000 Rotary Club
fund raising event.
Miscellaneous — Police Department
Appropriation
to "COPS in Schools" SRO Grant
Recommendation is to take the following actions:
SRO Grant - a)
Accept the $125,000 grant over three years into Account #
$125,000
197-310-000-4555;
b)
Approve the transfer of the General Fund 1999/2000 match
of $6,895 from 110-322 to the Grand Fund 197-312. The
remaining match for subsequent fiscal years (an estimated
$81,440) will be approved through the budget process; and
c)
Authorize the appropriation of $27,578 in 197-320-2110-
5XXX to cover the salary and benefits of the SRO for the
remainder of the 1999/2000 fiscal year (this includes the
federal grant and local match).
isCity Treasurer's Report (receive & file)
Report for the month of December, 1999.
CONSENT CALENDAR ACTION Motion by Wong and seconded by Touhey to waive further reading
of the resolutions and adopt, and to approve all other items listed
on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
2
Council Minutes of 2/1/00
Mayor Howard stated that speakers cards submitted did not relate
to any of the items listed on the Agenda. Therefore, she moved
Oral Communications forward to receive comments at this time on
general municipal matters.
• ORAL COMMUNICATIONS
Mike Miller Mike Miller, 735 E. Herring Avenue, addressed Council on his
findings on the DEIR regarding the north ridgeline of the BKK
Landfill. He stated that the DEIR doesn't address the landfill ever
being higher than the ridgeline, as anticipated with the proposed
golf course. Mr. Miller suggested that staff address the deficiency
in the DEIR so that the process moves forward as scheduled.
Councilmember Herfert noted that he would not like to see
the oak trees removed from the area too. He asked for a list of the
homeowner associations in the area because they need to be
educated.
John Lindow John Lindow, 415 Lyall Avenue, spoke as a member of FOR
WEST COVINA political action committee. He was very unhappy
about the recent San Gabriel Valley Tribune article about the group
and particularly about the description labeling them as
"malcontents" by one of the Councilmembers.
Linda Gavin Linda Gavin, 1023 E. Eckerman Avenue, one of the neighbors
opposing the return of Moe the Chimp to the Davis' specifically
asked Councilmembers Herfert and Touhey were they stood on the
issue, as rumors and.political signs indicate a change in their
previously stated positions.
Both Councilmembers reiterated their position that they are
not in favor of the chimpanzee returning to a residential neighbor-
hood. Councilmember Touhey noted that part of the political
turmoil could be generated by the attorney representing the group
of residents opposing the return of the chimp. Councilmember
Herfert hoped the emotion die down because the people out there
are fearful of their City government right now.
Michele Cosner Michele Cosner, 621 N. Maplewood Avenue, supported the idea of
a police officer in the neighborhood to cite truckers for honking.
The signs make the neighborhood look trashy and need to come
down. She emphasized the disruption of the neighborhood with
the constant honking.
Recess Mayor Howard called a recess at 8:50 pm. The City Council
reconvened at 9:12 pm with all members present.
Jerry Whippie Jerry Whippie, 1048 E. Eckerman Avenue, another resident that
spoke of the need for a police officer to enforce the peace and quite
in the neighborhood surrounding the Davis' (chimp's owners).
• Robert Tafoya Robert Tafoya, 2214 Calle Jacapa, addressed the Council as the
attorney representing the residents in "Moe's neighborhood" and
the nuisances occurring in the neighborhood. He felt the answer
was more enforcement, not less.
He took exception to Council comments that he felt implied
that the political overtures in the neighborhood were the result of
his doing. .
Council Minutes of 2/l/00
Mayor Howard read a portion of the Brown Act regarding the limit
to which Councilmembers can take action on items brought forth
that are not on the agenda. Further brief discussion on procedures
regarding oral communications and the desire of Councilmembers
to respond.
• Brian Cosner Brian Cosner, 621 N. Maplewood Avenue, emphasized that the
problem in his neighborhood is the law, not politics.
John Utterback John Utterback, 622 N. Vincent Avenue, agreed with the preceding
speakers as to the nuisances and the need for law enforcement in
the area.
Cookie Nance Cookie Nance, 1236 W. Eckerman Avenue, referred to the memo
that was given to the bus drivers of Covina Valley Unified School
District urging them to stop honking their horns. She also referred
to the amount of money expended by the City on this issue.
Frances Nelson Frances Nelson, 1049 E. Casad, spoke favorably for the Davis' and
the return of Moe to his owners. She stated that she wrote Coun-
cilmember Herfert about the situation and when he returned her
call he asked if he could come over and talk to her about working
out the problems. She and her husband were so impressed with his
honesty that she offered to place a campaign sign (Herfert for
Senate) on their property. She offered him a check for his
campaign and he refused.
Charles Shibel Charles Shibel, 1711 E. Alaska Street, read a brief statement of the
FOR WEST COVINA group and expressed disapproval of the
comments made about the group from one of the Councilmembers.
He referred to an article in the San Gabriel Valley Tribune.
PUBLIC SERVICES APPROVAL OF THE PURCHASE CONTRACT FOR THE
SALE OF THE CITY'S WATER SYSTEM TO
SUBURBAN WATER SYSTEMS
Public Services Director Collier presented the staff report. Mayor
Howard thanked Councilmember Touhey for his hard work in
studying this issue.
City Clerk presented:
Resolution 2000-10 RESOLUTION NO. 2000-10 — A RESOLUTION OF THE
Approving the sale CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING THE SALE OF THE WEST COVINA
WATER SYSTEM
Resolution 2000-11 RESOLUTION NO. 2000-11 — A RESOLUTION OF THE
Amending Reso. 9159 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING THE PREVIOUS RESOLUTION NO.
9159 ADOPTED BY THE CITY COUNCIL TO DECREASE
WATER COMMODITY RATES AND CHARGES
Motion by Herfert and seconded by Touhey to waive
. further reading of the resolutions and adopt. Motion carried 5-0
ENVIRONMENTAL MANAGEMENT
BKK CLASS I LANDFILL DRAFT POSTCLOSURE
PERMIT COMMENTS
BKK Landfill Environmental Management Director Samaniego presented the
staff report and responded to Council questions.
4
Council Minutes of 2/1/00
Motion by Wong and seconded by Herfert to direct staff to
submit the draft postclosure permit comments to DTSC. Motion
carried 5-0.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 9:40 pm to
convene the Redevelopment Agency meeting. The City Council
0 reconvened at 9:42 pm with all members present.
COMMUNITY SERVICES AUTHORIZATION TO REQUEST PROPOSAL FOR THE
CATERING OF THE SENIOR MEALS PROGRAM
Community Services Director Hatch presented the staff report.
Councilmember Touhey requested Mr. Hatch to provide more
details to him regarding the salaries. Councilmember Wong
thanked the members of the committee that worked on this issue.
Senior Meals Program Motion by Herfert and seconded by Wong to a) receive and
file the staff report, and b) authorize staff to send out an RFP to
professional caterers to provide the Senior Meals Program. Motion
carried 5-0.
POLICE DEPARTMENT RECOMMENDATIONS FROM THE ADVISORY BOARD
CONCERNING THE 1998/2000 BJA LOCAL LAW
ENFORCEMENT BLOCK GRANT
Police Chief Wills presented the staff report.
BJA Block Grant Motion by Touhey and seconded by Herfert to take the
following actions:
a) Authorize an increase of full-time Police Officers by two,
starting February 2000 through September 30, 2000;
b) Authorize and approve the transfer of $18,287 from the
General Fund (110-322) as the required local match for the
FY 1997-99 BJA LLEBG Grant into the BJA Grant Fund
(136-312);
c) Appropriate expenditures under the FY 1998-99 BJA
LLEBG Grant (a total of $182,868, including the $18,287
local match) as follows:
• $111,350 into 136-304-2110-5XXX (Salary,
overtime and benefits for the remainder of 1999-2000 fiscal
year)
• $11,518 into 136-304-2110-7160 (2 Motorcycles
and new radio equipment)
d) Direct staff to place the remainder of the grant ($50,000)
funding in the proposed 2000-2001 budget;
e) Authorize the purchase of two Kawasaki Police
motorcycles from Pomona Valley Kawasaki for $8,259
each, based on the City Council's previous finding that the
City of Alhambra's Bid #N99-24 satisfies West Covina's
isformal bid requirements (as authorized in Council Agenda
Item B-6-f of October 19, 1999); and
f) Authorize the future appropriation of the Federal portion of
interest earned under this grant in Fund 136, which,
according to the' grant rules, must be spent by September
30, 2000, or be returned to the federal government.
Motion carried 5-0.
5
Council Minutes of 2/1/00
ADMINISTRATIVE SERVICES No reports for this meeting.
• GENERAL ADMINISTRATION No reports for this meeting.
APPROVAL OF DEMANDS Motion by Wong and seconded by Melendez to approve demands
totaling $3,023,127.47 (wire transfers = $1,471,074,93) as listed
on check registers #190885 through #191155. Motion carried by
roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Herfert and Touhey re checks to law, firms
under audit
Touhey re Community Food Bank
ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, wondered what happened to the
closed session scheduled for 6:00 pm.
City Manager responded that at the time the agenda was
being prepared, we thought we might need a closed session. As it
turned out, there was no need and it was cancelled.
MAYOR'S REPORT AMERICAN DIABETES ASSOCIATION INAUGURAL
SIP AND SAMPLE FUNDRAISING EVENT
Administrative Analyst Pidgeon presented the staff report.
Motion by Wong and seconded by Herfert to approve a
letter of support to the American Diabetes Association. Motion
carried 5-0.
CITY COUNCIL PROPOSED STANDING RULES
SUB -COMMITTEE REPORT
Council Standing Rules Assistant City Manager Fields presented the staff report.
Councilmember Herfert took exception to seven separate
items listed in the standing rules and.suggested that it go back to
the sub -committee.
Councilmember Wong stated that he didn't read those
seven items with the same interpretation as Councilmember
Herfert. Mayor Pro Tern Melendez concurred with Councilmem-
ber Wong's comments.
Councilmember Touhey felt a few of the standing rules
were stifling and would not support the list.
Council discussed a variety of subjects, such as: use of letterhead,
cancellation of meetings, items that fall under the jurisdiction of
the City Prosecutor versus the City Attorney, representing the con-
stituency, and past Council action to severely limit closed sessions.
Motion by Wong and seconded by Howard to approve the
Standing Rules as presented. Motion carried 3-2 with Herfert and
Touhey voting no.
Councilmember Wong noted that the Standing Rules are
available for anyone to peruse.
M
Council Minutes of 2/1/00 • •
COUNCH,MEMBERS' REPORTS
HARDSHIP APPEAL COMMITTEE — MR HERFERT
Councilmember Herfert withdrew this item from the Agenda as he
has found another way to approach the concerns he addressed in
the report.
•
CITY MANAGER'S REPORT City Manager Hobbs reported that the new issue of Discover West
Covina contains the City's first Annual Report and kudos were
given to Administrative Analyst Jennifer Pidgeon for her diligence
in pulling the departmental reports together.
In relation to the "Moe the Chimp" situation, Councilmember
Herfert requested a clarification of the honking situation on
Vincent Avenue and what would be done about it.
Police Chief Wills responded that warnings would be given
to motorists for the first couple of weeks, hoping that will
discourage the honking. The Police will also talk to the Davis'
about their "Honk For Moe to Come Back Home" signs
encouraging the honking. If the problem persists after that two -
week period, citations will be issued. Removing political signs
from the neighborhood was also discussed.
Councilmember Wong stated that one of the Standing Rules just
adopted states that the Councilmembers shall refrain from
ascribing motives to others. He noted further that it is okay to
disagree, just don't be disagreeable doing it. He suggested that the
Council not make it any more difficult for citizens to approach the
podium and express their opinions than it already is and save their
response until after the citizens have been their comments.
ADJOURNMENT Motion by Touhey and seconded by Melendez to adjourn the
meeting at 11:24 pm in memory of former Police Commander Jim
Dillon's son, Mike, who recently passed away at the young age of
29. The meeting was also adjourned in memory of Judge Bruce
Minto's father who also recently passed away. Motion carried
5-0.
Attest:
City Ore—& anet Berry
0
7