02-15-2000 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
FEBRUARY 15, 2000
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:32 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Mayor Pro Tern Melendez led the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez (left at, 8:20 pm),
Councilmembers Herfert, Touhey, Wong,
Others Present: Hobbs, Fields, Collier, Mayer, Lennard, Fox, Janis, Keating,
Pidgeon, Briley, Morgan, Hatch, Zeller, Wills, Fong, Schimanski,
Tucker, Chung, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of February 1, 2000
Special meeting of February 4, 2000
Special meeting of February 8, 2000
PROCLAMATION Mayor Pro Tern Melendez proclaimed March 4, 2000 as ARBOR
DAY and presented the proclamation to Administrative Analyst
Barbara Briley, who accepted on behalf of West Covina Beautiful.
HEARING ADOPTION OF STANDARD SPECIFICATIONS OF
PUBLIC WORKS CONSTRUCTION, 2000 EDITION
City Clerk Berry verified the affidavit of publication and Mayor
Howard opened the hearing. City Engineer Mayer presented the
staff report.
Public Testimonv City Clerk Berry stated that no written communications had been
received regarding this matter. Mayor Howard asked for verbal
comments and no one addressed the City Council. Mayor Howard
Testimony Closed closed the public testimony portion of the hearing.
There was no Council discussion.
City Clerk presented:
Ordinance 2048 - ORDINANCE NO. 2048 — AN ORDINANCE OF THE
Standard Public Works Specs. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ADOPTING THE 2000 EDITION OF THE STAN-
DARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC-
TION BY REPEALING AND ADOPTING SECTION 19-1 OF
THE WEST COVINA MUNICIPAL CODE
Motion by Herfert and seconded by Melendez to waive
further reading of the ordinance and adopt. Motion carried by roll
call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
Council Minutes 2-15-00
HEARING CODE AMENDMENT NO. 293 — MOTION PICTURE
FILMING CATEGORICAL EXEMPTION
City Clerk Berry verified the affidavit of publication and Mayor
Howard opened the hearing. City Planner McIsaac presented the
staff report.
_• Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for public comments. No one addressed the City
Testimony Closed Council and she closed the public testimony portion of the hearing.
There was no Council discussion.
City Clerk Berry presented
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE
Amendment No. 293, CITY OF WEST COVINA, CALIFORNIA, AMENDING CER-
TAIN SECTIONS OF CHAPTER 15 (PUBLIC HEALTH AND
SAFETY) AND CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE REGULATING MOTION
PICTURE FILMING (Code Amendment No. 293)
Motion by Herfert and seconded by Melendez to waive
further reading of the ordinance and introduce. Motion carried by
roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
Recess Mayor Howard recessed the City Council meeting at 7:45 pm to
conduct the scheduled Redevelopment Agency public hearing. At
7:53 pm Mayor Howard reconvened the City Council and
convened the Public Financing Authority to consider an issue to be
considered by all three legislative bodies. At 7:55 pm Mayor
Howard continued forward with just the City Council.
CONSENT CALENDAR Commissions Summary of Actions (receive & file)
Community Services 1/11/2000
Planning 2/8/2000
Waste Management/Environmental Quality 1/20/2000
Claims Against the City (deny & notify claimant)
On September 20, 1999 the City Clerk's Office received a claim
for property damage from May Kao. The amount of claim had not
been determined at the time of presentation.
On October 7, 1999 the City Clerk's Office received a claim from
Gilbert Ramirez for property damage amounting to $851.99.
On December 2, 1999 the City Clerk's Office received a claim
from The Promenade Apartments for monetary loss in the amount
of $480.
• On November 8, 1999 the City Clerk's Office received a claim
from Miguel Antonio Acosta for loss of personal property in the
amount of $950.
On November 22, 1999 the City Clerk's Office received a claim
from Steven Foerster for violation of civil rights and personal
injuries. The amount of claim had not been determined at time of
presentation.
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Award of Bid
Fourth of July Fireworks
Fireworks Show - Recommendation is to award the bid to Pyro Spectaculars, Rialto
Pyro Spectaculars CA in the amount of $12,000 and authorize staff to sign the
necessary agreements for a three-year contract.
Miscellaneous — Public Services
Support for Assembly Bill 1744 —
Extension of Housing Element Revision
AB 1744 — Position of Support Recommendation is to adopt a position in support of Assembly Bill
1744 and authorize sending correspondence to Assembly Member
Longville and other appropriate State legislators.
Resolution Authorizing A Report on City Hall Heating, Ventilation
and Air Conditioning (HVAC) System
Recommendation is to adopt the following resolution:
Resolution 2000-12 - RESOLUTION NO. 2000-12 — A RESOLUTION OF THE
HVAC Report CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING A REPORT ON THE DESIGN AND
EFFICIENCY OF THE CITY HALL HEATING, VENTILATION
AND AIR CONDITIONING (HVAC) SYSTEM
Miscellaneous — Environmental Management
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the status report.
Miscellaneous — Fire Administration
Extension of Weed Abatement Contract
Weed Abatement contract - Recommendation is to take the following actions:
Gardner Tractor and a) Approve an extension of the 1998 Weed Abatement con-
Azteca Landscape tracts with Gardner Tractor and Azteca Landscape for one
year; and
b) Authorize the mayor and City Clerk to execute the
contracts.
Weed Abatement 2000
Recommendation is to take the following actions
a) Approve the Weed Abatement Roll for the calendar year
2000, and adopt the following resolution entitled:
Resolution 2000-13 - RESOLUTION NO. 2000-13 — A RESOLUTION OF THE CITY
Declaring weeds a nuisances COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2,
CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE
b) Set March 7, 2000 as the date for hearing of any objections
or protests to said program.
Miscellaneous — Community Services
Concurrence with Temporary Change in Light Use at
Cameron Park
Temporary lighting change at Recommendation is to concur with the authorization of this tem-
Council Minutes 2-15-00
•
Cameron Park porary change of light use at Cameron Park from Tuesday nights to
Friday nights pending the outcome of the full review by the
Planning Commission and City Council.
CONSENT CALENDAR ACTION
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, addressed Item B-5c
(BKK Closure Status Report). He announced a meeting of the
RACOON group (Residents Against Contamination of our
Neighborhood) scheduled for Wednesday, February le in the
City Hall Council Chambers at 7:00 pm.
Motion by Herfert and seconded by Touhey to waive further
reading of the resolutions and adopt; and to approve all other items
listed on the Consent Calendar, except items B-4 and B-5f.
Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
Item B-5f Councilmember Wong stated that he would abstain on this issue
(temporarily changing the lighting conditions at Cameron Park)
until a survey is conducted of the neighbors. He noted the arduous
process the City experienced last time in arriving at agreeable
conditions for the lighting at Cameron Park.
Mayor Howard concurred with Mr. Wong's comments and
she suggested holding it over until the next meeting and have the
Traffic Engineer and Police to develop some mitigating measures
to address the concerns expressed at the Community Services'
neighborhood meeting as reflected in their minutes.
Rob Sotelo Rob Sotelo, Community Services Commissioner and president of
West Covina Girls Softball, explained the request for permitting
night games on Friday night and not Tuesday night.
Motion by Touhey and seconded by Melendez to approve
Item B-5f as recommended. Motion carried 3-0-2 with Howard
and Wong abstaining.
Item B-4 Upon request Community Services Director Hatch presented a
staff report regarding the award of bid for the Fourth of July
Fireworks. Council discussion followed regarding the two firework
providers, the misunderstanding of one of them to respond to the
RFP, and the quality of past shows.
Motion by Touhey and seconded by Wong to reject the one
bid and reissue RFPs. Motion carried 5-0.
PUBLIC SERVICES SALES AGREEMENT WITH VIRGIL BUTLER
Location: Adjacent to Maverick ball field on Citrus Street.
Public Services Director Collier presented the staff report.
Bulter property Motion by Herfert and seconded by Touhey to take the
following actions:
a) Approve the purchase of .4 acres from Virgil Butler for
$208,000;
b) Authorize the Mayor and City Clerk to execute the Sales
Agreement with Virgil Butler; and
c) Appropriate $220,000 from General Fund Reserves (Acct.
110-300 to Acct 110-320-3029-7700).
Motion carried 5-0.
FINAL ACTIONS FOR SALE OF CITY'S WATER SYSTEM
Final Documents re Water System Public Services Director Collier presented the staff report.
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Mayor Pro Tern Melendez left the meeting at 8:20 pm — family emergency. .
City Clerk presented
Resolution 2000-14 - RESOLUTION NO. 2000-14 — A RESOLUTION OF THE
re Lot 75 of Tract 47809 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ACCEPTING PORTIONS OF LOT 75 OF TRACT NO.
47809
Motion by Wong and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 4-0.
City Clerk presented:
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
ORDINANCE NO. 126 REGARDING THE TERM OF WATER
FRANCHISES
Motion by Wong and seconded by Touhey to waive further
reading of the ordinance and introduce. Motion carried by roll call
vote:
AYES: Herfert, Touhey, Wong, Howard
NOES: None
ABSENT: Melendez
Motion by Wong and seconded by Touhey to take the following
actions:
* Authorize the City manager and City Clerk to execute a
Grant of Easement to Suburban Water Systems for the water lines
and water storage facilities within Lot 75 of Tract No. 47809;
* Authorize the City Manager and City Clerk to execute a
Grant of Easement and Agreement to Suburban Water Systems for
the property containing water lines and water pumping facilities
located within Galster park;
* Approve the amended Agreement to Indemnify;
* Accept the action taken by the West Covina Public
Financing Authority Board in regard to Item II on the February 15,
2000 Authority Board agenda; and
* Authorize the Mayor and City Clerk to execute a Partial
Assignment and Substitution Agreement.
Motion carried 4-0.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
REDEVELOPMENT AGENCY This meeting was taken earlier.
PUBLIC FINANCING AUTHORITY This meeting was taken earlier.
ORAL COMMUNICATIONS
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, addressed Council as a
Personnel Commissioner, complaining that the last commission
• meeting had been cancelled. He felt he was simply told about the
cancellation without being polled about canceling it.
Cookie Nance Cookie Nance, 1236 W. Eckerman Avenue, complained that a
black and white unit sat for 20 minutes at the corner of Rowland
and just waiting to issue a citation to drivers honking vehicles. She
also wondered how the amount was arrived at for the two attorneys
who resigned their positions.
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Jeanne Kirby Jeanne Kirby, address unknown, read a letter prepared by Susan
Stewart, address unknown, alleging that one Councilmember
approached a business owner and threatened loss of business
license because the business owner expressed a view point
different than that of the Councilmember.
• Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, suggested the City flag
be cleaned as it looks rather tattered. She also suggested that
perhaps the City might look into having City flags made and fly
them at City Hall, the Annex, and special events. The City could
sell them to citizens as well.
FINANCE DEPARTMENT DEFEASANCE OF PUBLIC FINANCING AUTHORITY
1994 WATER REVENUE REFUNDING BONDS
This item was considered earlier.
COMMUNITY SERVICES No reports for this meeting.
PUBLIC SAFETY No reports for this meeting.
CITY MANAGER'S OFFICE LETTER SUPPORTING HURST RANCH HISTORICAL
Administrative Analyst Zeller presented the staff report.
Hurst Ranch — state funding Motion by Herfert and seconded by Touhey to approve the
draft letter supporting the Hurst Ranch Historical Foundation's
request to Assemblyman Pacheco for $800,000 from the State
budget for the construction costs of the museum/visitor center.
Motion carried 4-0.
Recess Mayor Howard called a recess at 8:36 pm. The City Council
reconvened at 8:49 pm with Melendez absent.
REQUEST FOR PROPOSALS FOR CITY AND
RFP for legal services Assistant City Manager Fields presented the staff report.
Councilmember Herfert requested annual amounts of the
last two attorney firms, for a clearer understanding of the annual
costs. Councilmember Touhey requested year to date figures.
Mayor Howard suggested that she and Councilmember
Wong serve on a subcommittee with the City Manager in
reviewing the RFP's upon their return. The entire City Council,
would make the final selection of the attorneys.
Councilmembers Herfert suggested that the entire City
Council be a part of the RFP review process, similar to the method
used in hiring the City Manager. Councilmember Touhey agreed.
Councilmember Wong reminded the others that he and then
Councilmember McFadden several years ago sat as a sub-
committee to review the RFPs regarding the Redevelopment
Agency attorney. However, it was the entire Agency Board that
made the final decision. He found it interesting that Councilmem-
bers Herfert and Touhey feel it is necessary that all the members of
Council be included in hiring City attorneys, but not in the firing of
them.
Discussion ensued as to whether or not to separate City
Attorney from the Redevelopment Agency Attorney. Interim City
Attorney Lennard stated that with the exception of one firm on the
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list submitted to the City Council, all the firms offer both. The
legal firms can respond to provide services for both or either
position.
Motion by Herfert and seconded by Melendez to hold over
the matter until the next Council meeting. Motion carried 4-0.
• INTERIM CITY ATTORNEY
Interim City Attorney Assistant City Manager Fields presented the staff report.
Motion by Herfert and seconded by Touhey to approve an
extension to the terms of the Deputy City Attorney's contract in
order to allow Colin Lennard to serve as the City's Interim City
Attorney. Motion carried 4-0.
APPROVAL OF DEMANDS Motion by Wong and seconded by Howard to approve demands
totaling $2,527,367.89 (of which wire transfers amounted to
$1,136,191.82) as listed on check registers 191156 through
191446. Motion carried by roll call vote: .
AYES: Herfert, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey regarding Community Food Bank
MAYOR'S REPORT Mayor Howard noted that the City sent a letter to PERS regarding
actuarials for 3% at 50 for police officers and asked if a response
has been received. Councilmember Touhey added further com-
ment to the issue. City Manager Hobbs stated that staff would
contact PERS for a response and look into the situation.
Councilmember Wong related his objection to the past two special
meetings, February 4 and February 8, at which three Councilmem-
bers chose to fire the City Attorney and the Redevelopment
Agency Attorney. That three Councilmembers felt it was impor-
tant enough to hold the meetings without the other two members
being either informed or in attendance would indicate that the
concerns of the two Councilmembers were not needed. The impli-
cation being that a decision had already been arrived at as to what
they planned to do, and that is a violation of the Brown Act.
Councilmember Wong could not believe that the Friday
evening meeting was not even taped, much less aired.
Councilmember Herfert asked for the following three Claims
Against The City be agendized for the next Council meeting
regarding sewer lines and street trees issues, each of which has
been denied:
* Frank Estrada
* Mary Daly
* Charles King
Mayor Howard suggested the City's ordinance be brought back at
the same time as it is relative to the problems incurred by these
residents.
• Councilmember Touhey requested that the following two items be
entered into the record:
* E-mail message from City Attorney Marlyn to Public
Services Director Collier.
* Response of Mr. Collier to City Manager Hobbs.
Councilmember Touhey stated his position in relation to the timing
in setting up the special meeting of February 4, 2000, and read
from the Brown Act User Guide.
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Councilmember Wong clarified his interpretation of the Brown Act
statute that was violated by the three Councilmembers.
CITY MANAGER'S REPORT City Manager Hobbs requested Environmental Services Director
• Samaniego to brief the Council on three documents recently
released by the DTSC. The documents are available for review at
the library, the City Clerk's Office and the Office of Environ-
mental Services.,
Mayor Howard noted that DTSC released these documents
just seven days after the deadline given to them by the City
Council. Councilmember Touhey corrected her by noting thirteen
years and seven days.
Councilmember Herfert responded to a citizen comment made
earlier that a member of the City Council interfered between a
business owner and his business license. He stated that he was not
the one and directed staff to investigate. Councilmember Touhey
noted it was not him either.
ADJOURNMENT Motion by Wong and seconded by Herfert at 9:28 pm in memory
of Jack Rander, late husband of Helen Rander, former Council -
member of Whittier. Motion carried 4-0.
Attest:
City Clerk Janet Berry
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