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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. 2 Council Minutes 2-15-00 • 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. 0 Council Minutcs 2-15-00 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. 5 Council Minutes 2-IS-00 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 G Council Minutes 2-15-00 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. 7 Council Minutes 2-15-00 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 • 9