05-16-2000 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 16, 2000
The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:43
pm in the City Hall Council Chambers, 1444 West Garvey Avenue, West Covina, California. City
Manager Hobbs delivered the invocation and Mayor Herfert led the Pledge of Allegiance.
ROLL CALL Mayor Herfert; Mayor Pro Tem Wong, Councilmembers
Howard, Melendez, Touhey
Others Present Hobbs, Fields, Buchanan, Lee, Greene, Keating, Hatch, Mayer,
Bommarito, Fox, Pidgeon, Barge, Chavarria, Kim, Chung,
Schimanski, Wills, Collier, McIsaac, Samaniego, Morgan
APPROVAL OF MINUTES Council approved the minutes of the following meetings as
presented:
Special meeting of April 27, 2000
Special meeting of May 2, 2000 (Closed Session)
Regular meeting of May 2, 2000
PRESENTATIONS Frank J. Marquez, President/CEO, San Gabriel Valley Economic
Partnership made a presentation on the Partnership's activities.
John Hughes, Muscular Dystrophy Association gave an overview
of the upcoming MDA Fourth of July Event.
Tom Hatch, Community Services Director, gave additional
comments on the events scheduled for July 4`h.
Paul Walters, Ron Leon, and Roger Hernandez, Rowland Unified
School District thanked the Council for their efforts in a
partnership with the district.
PROCLAMATIONS Mayor Herfert presented Elsie Redline with a proclamation
proclaiming the month of May as Mental Health Month.
Mayor Herfert presented outgoing Public Services Director Jeff
Collier with a City tile and Certificate of Commendation for his
16 years of service to the City. Each Councilmember then
thanked Jeff for his service and wished him well as he leaves
West Covina for the City of Chino Hills.
REPORT OUT OF CLOSED SESSION — Carol Fox, Personnel/Risk Management Director
Personnel/Risk Management Director reported the City Council directed the Labor Attorney to settle
an back overtime claim for four employees. The costs were estimated at approximately $70,000.
ORAL COMMUNICATIONS
Bruce Leinbach
George Ogden
Bruce Leinbach, West Covina, congratulated Mr. Herfert on
being selected Mayor by the remaining Council. He also thanked
the Council for the Veteran Affairs event, wished Jeff Collier a
fond farewell, and invited the public to join the Lions Club in
their 30" Annual "Night on the Town".
George Ogden, West Covina, thanked the Council for their
support of the Veterans' event, and thanked Jeff Collier for his
past efforts.
City Council Minutes
May 16, 2000
Cookie Nance
Cookie Nance, 1236 W. Eckerman, asked at what dollar amount
does the City stop paying as self -insured and turn the expense
over to the Workers' Comp carrier. John Nielson, General
Manager, I.C.R.M.A., responded that West Covina self -insures
the first $250,000 of workers' comp loss and then the carrier
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above that amount would be General Re -Insurance Company.
HEARINGS
Development Agreement for Precise Plan No. 874 —
Environmental Impact Report
Precise Plan No. 874
Deputy City Clerk Buchanan verified publication and Mayor
Herfert opened the public hearing. Councilmember Howard
'requested the following statement of disclosure be entered into the
minutes verbatim:
Councilmember Howard
"I am now, and have been for eight (8) years, an elected member
of the 60`h Assembly District Central Committee, a political not -
for -profit organization, which has leased office space for a period
of four and one-half (41/2) years within the Citrus/Workman
project area.
This Committee is not a source of income to me, or any member
of my family. I receive no gifts or expense reimbursement from
my involvement with this organization.
In November of 1997, I contacted the West Covina City Attorney
and sought an opinion relative to a potential conflict of interest
that may arise as a result of my status with this Committee. The
previous statement of disclosure is required under the various
laws related to conflict of interest and I request that it be entered
verbatim into the minutes of this meeting".
City Planner Doug McIsaac presented the staff report with
additional comments by the Interim City Attorney, who offered
an explanation of why a Development Agreement was needed for
this project.
Councilmember Howard Councilmember Howard asked for further detail on the loading
docks to be constructed and the hours of operation.
Councilmember Touhey Councilmember Touhey .asked what was considered to be
delivery hours. Mr. McIsaac responded that those hours would
be 10 p.m. to 7 a.m.
Mayor Pro Tern Wong Mayor Pro Tem Wong questioned the turn negotiations behind
the building. Mr. McIsaac responded that it could be problematic
considering the size of the delivery trucks.
Councilmember Howard Councilmember Howard suggested that the developer shed light
on turn negotiations in the area behind the building.
Haagen representative Andrew Natker, Haagen Company, noted that the turning radius
• had been checked and evaluated by Ralph's Planning Department
and that turn negotiations should not be a problem.
Public comments
Tom Worthington Tom Worthington, Impact Sciences, noted that his company
prepared the EIR for the project and that he was available to
answer any questions Council may have.
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John Peterson John Peterson, attorney for Linda Kugler (Burger King owner),
reiterated the Ms. Kugler's request that right and left turn
movement into and out of the Burger King restaurant lot be
provided, and that three adjacent parking spaces on the new
development lot be provided for the fast food restaurant.
• Andrew Natker Andrew Natker, Haagen Company, presented a brief slide show
of the proposed development.
Karin Summerall Karin Summerall, Brinker International (owner of Macaroni
Grill), expressed her company's excitement with the proposed
project.
Dave Cox Dave Cox, West Covina, expressed his opposition to the
proposed project.
City Manager Hobbs City Manager Hobbs suggested that Council certify the EIR at
this meeting and approve the DA and the DDA at the meeting of
June 20`h.
Motion After further discussion regarding the need for a Development
Agreement, Councilmember Howard made a motion to approve
the EIR and to direct staff to bring back the DA and the DDA to
Council no later than June 20, 2000. The motion was seconded
by Mayor Herfert.
Deputy City Clerk Buchanan presented:
RESOLUTION NO. 2000-38 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
DEVELOPMENT AGREEMENT FOR PRECISE PLAN NO.
874 , PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED.
Motion amended Motion by Howard and seconded by Wong to waive further
reading of the resolution and adopt. Motion carried by roll call
vote:
AYES: Howard, Melendez, Touhey, Wong, Herfert
NOES: None
Additional motion Motion by Howard and seconded by Herfert to direct staff to
return to Council with the DA and the DDA no later than June
20, 2000. Motion carried 5-0.
RECESS Mayor Herfert recessed the meeting at 9:33 pm. The meeting
reconvened at 9:48 pm with all members present.
West Covina Landscape Maintenance District No 4
WCLMD No. 4 Deputy City Clerk Buchanan presented proof of publication and
Mayor Herfert opened the public hearing. Staff report was
presented by City Engineer Tom Mayer. No public testimony
was offered.
Councilmember Touhey Councilmember Touhey requested a memo regarding the impact
of the mediation issue on District #4 costs/reserves.
Deputy City Clerk Buchanan presented:
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Resolution 2000-39 RESOLUTION NO. 2000-39 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S
REPORT OF THE ASSESSMENT CONTAINED IN THAT
REPORT; ORDERING CERTAIN LANDSCAPING
MAINTENANCE, RENOVATION AND REPLACEMENT
AND APPURTENANT FACILITIES TO BE MAINTAINED
FOR FISCAL YEAR BEGINNING JULY 1, 2000. (West
Covina Landscape Maintenance District No. 4)
Motion Motion by Howard and seconded by Wong to waive further
reading of the resolution and adopt. Motion carried 5-0.
West Covina Landscape Maintenance District No 6
WCLMD No. 6 Deputy City Clerk Buchanan presented proof of publication and
Mayor Herfert opened the public hearing. Staff report was
presented by City Engineer Tom Mayer. No public testimony
was offered.
Deputy City Clerk Buchanan presented:
Resolution 2000-40 RESOLUTION NO. 2000-40 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S
REPORT OF THE _ ASSESSMENT CONTAINED IN THAT
REPORT; ORDERING CERTAIN LANDSCAPING
MAINTENANCE, RENOVATION AND REPLACEMENT
AND APPURTENANT FACILITIES TO BE MAINTAINED
FOR FISCAL YEAR BEGINNING JULY 1, 2000. (West
Covina Landscape Maintenance District No. 6)
Motion Motion by Wong and seconded by Howard to waive further
reading of the resolution and adopt. Motion carried 5-0.
Mayor Pro Tern Wong noted that he would abstain from discussion and vote on the following item due
to a conflict of interest.
West Covina Landscape Maintenance District No 7
WCLMD No. 7 Deputy City Clerk Buchanan presented proof of publication and
Mayor Herfert opened the public hearing. Staff report was
presented by City Engineer Tom Mayer. No public testimony
was offered.
Deputy City Clerk Buchanan presented:
Resolution 2000-41 RESOLUTION NO. 2000-41 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CONFIRMING THE ENGINEER'S
REPORT OF THE ASSESSMENT CONTAINED IN THAT
REPORT; ORDERING CERTAIN LANDSCAPING
MAINTENANCE, RENOVATION AND REPLACEMENT
AND APPURTENANT FACILITIES TO BE MAINTAINED
FOR FISCAL YEAR BEGINNING JULY 1, 2000. (West
Covina Landscape Maintenance District No. 7)
Motion Motion by Howard and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carried 4-0-1 with
Wong abstaining.
CONSENT CALENDAR Items C-5a, C-5b, and C-5c were pulled from the Consent
Calendar for separate action.
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Commissions' Summary of Actions (receive & file)
a) Community Services 04/11/00
b) Planning 05/09/00
Ordinance for Adoption (waive reading & adopt)
Ordinance 2056 ORDINANCE NO. 2056 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE BY CREATING A
ROTATION PROCESS FOR THE SELECTION OF MAYOR
AND MAYOR PRO TEM.
Temporary Use Permits (receive & file)
TUP's TUP #2570-00. Calvary Christian Falls at West Covina High
School for an Easter Service on 4/23/00.
TUP #2589-00. Arizona Pipeline at Meeker and South Garvey
construction yard from 4/1/00 through 9/30/00.
TUP #2590-00. Council of Phil -Amer Churches at Seafood
City/Manita for an Easter Sunrise Service on 4/23/00.
Miscellaneous - Public Works
Interim Staff Services for Planning Division
Interim Planning Staff Recommendation is to authorize the City Manager to contract for
interim Planning staff services from a qualified individual(s) or
firm(s) as needed to keep up with the Planning Division's current
workload, until all vacancies are filled.
Miscellaneous - Environmental Management
Air Monitoring Compliance BKK Landfill Petition Appealing Rule 1150.1 Air Monitoring
Compliance Plan
Recommendation is to receive and file the report.
Miscellaneous - Personnel Department
Public Employees' Retirement System (PERS) Contract
Amendment
3 % @ 50 for Safety Employees Recommendation is to introduce the following ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF WEST COVINA.
Change in Public Employees' Retirement System Retiree Health
Benefit Contributions - Police and Fire Safety Employees
PERS Retiree Medical Benefit Recommendation, is to adopt the following resolution entitled:
Resolution 2000-42 RESOLUTION NO. 2000-42 - A RESOLUTION OF THE CITY
• COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 9558, FIXING THE
EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT.
Miscellaneous - City Manager's Office
General Services Agreement with the County of Los Angeles
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May 16, 2000
General Services Agreement Recommendation is to approve the General Services Agreement
with the County of Los Angeles, and authorize the Mayor and
City Clerk to execute the agreement.
Consent Calendar Motion Motion by Touhey and seconded by Melendez to waive further
reading of the ordinances/resolutions and introduce/adopt, as
applicable, and to approve all items listed on the Consent
Calendar, except C-5a, C-5b, and C-5c. Motion carried by roll
call vote:
AYES: Howard, Melendez, Touhey, Wong, Herfert
NOES`. None
Item C-5a Councilmember Touhey emphasized hiring a firm with liability
insurance and a business license or an individual that has
municipal government experience.
Motion by Herfert and seconded by Howard to approve
the staff recommendation. Motion carried 5-0.
Item C-5b Mayor Herfert recognized the following speakers:
Royal] Brown Royall Brown, 2153 Aroma Drive, noted that it is necessary that
the maximum amount of sampling be done in compliance with
AQMD suggested plan. He urged the citizens to attend the
AQMD hearing scheduled for May 31, 2000 to offer input.
Mike Miller Mike Miller, 735 E. Herring Avenue, stated that the residents
and businesses deserve long-term assurances that the BKK
Landfill is meeting all air quality regulations and not emitting
gases that may contain toxic compounds. He brought several
points to the Council's attention and added that he has suggested
to the AQMD that BKK perform a source test on their air
emissions equipment every two years.
Motion by Howard and seconded by Melendez to receive
and file the report. Motion carried 4-0-1 with Mayor Herfert
abstaining.
Item C-5c Councilmember Touhey suggested an ad hoc committee to meet
with legislators for an accurate explanation of what their intent
was with SB400 and S13800. Mayor Herfert concurred with Mr.
Touhey and appointed himself and Mr. Touhey to the ad hoc
committee.
Motion by Howard and seconded by Touhey to approve
Item C-5c. Motion carried 5-0.
PUBLIC SERVICES
No reports
ENVIRONMENTAL MANAGEMENT
Athens Services Franchise Agreement Term Extension
Proposal
Athens Franchise Agreement Environmental Management Director Samamego presented the
staff report. Mayor Herfert recognized the following speaker:
Mike Miller Mike Miller, 735 E. Herring Avenue,concurred with staff's
recommendation and noted that it would give staff time to analyze
the implications of the proposal.
Motion Motion by Wong and seconded by Howard to approve staff's
recommendation. Councilmember Touhey stated concerns about
sending the item to the WMEQ Commission, noting that this is a
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business decision and not an evaluation. Councilmember
Melendez concurred with Mr. Touhey. Councilmember Howard
disagreed with Mr. Touhey and Mr. Melendez, noting that she
would be interested in knowing what the value of the 4 additional
years would be to Athens before she's willing to give the
extension. After further discussion, the motion failed by a 2-3
vote with Mr's. Melendez, Touhey and Herfert voting no.
Motion Motion by Touhey and seconded by Melendez to grant the 4-year
extension to the Athens Services Franchise Agreement and to not
have an increase for the next 2 years. Motion carried 3-2 with
Mr. Wong and Mrs. Howard voting no.
RECESS Mayor Herfert recessed the City Council meeting at 10:45 to
convene the Redevelopment Agency meeting. The City Council
meeting reconvened at 10:46 with all members present.
COMMUNITY SERVICES Fingerprinting Policy for Youth Snort Volunteers
Community Services Director Hatch presented the staff report.
Mayor Herfert recognized the following speakers:
Royall Brown Royall Brown, 2153 Aroma Drive, stated that there was no need
for a study session and urged Council to approve the Community
Services Commission's Option ##3.
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, stated that the Council
should be more concerned about the liability of inaction of the
potential harm to children of the community. He went on to urge
the Council to move forward with this program.
Anthony Garcia Anthony Garcia, 17015 Abell Court, challenged the Council to
purchase the Life Scan machine and conduct a study session on
the fingerprinting issue.
Paul Gipple Paul Gipple, Community Services Commission, spoke regarding
issues raised by the ICRMA and noted that a study session with
all parties involved is imperative and should be held as soon as
possible.
Council discussion Council went into a discussion regarding a machine currently
housed in the City's Police Department and its' functions.
Motion Motion by Herfert and seconded by Howard to hold this item
over until the meeting of June 6, 2000 as a high priority item.
Motion carried 5-0. In addition, Mayor Pro Tern Wong
requested a report on how the current machine can work for the
City. Councilmember Touhey added that Council need to make
sure that West Covina residents take precedent over any others.
Motion carried 5-0.
PUBLIC SAFETY SERVICES Police Department
Participation in the Foothill Air Support Team (FAST)
Regional Helicopter Program
FAST Helicopter Program Councilmember Howard expressed that she had extensive
questions on this matter that would be time-consuming, and
Mayor Herfert suggested the item be held over.
Motion by Howard and seconded by Herfert to hold this
item over.. Motion carried 5-0.
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ADMINISTRATIVE SERVICES No reports
GENERAL ADMINISTRATION City Clerk's Office
Resolution 2000-37
Assignment
Audit Committee
Chamber of Commerce
City/School
Cooperative Committee
ESGV Consortium
ESGV Planning Committee
Foothill Transit Zone
I.C.A.
ICRMA
LACo City Selection Committee
L. A. Works
League of CA Cities
Ridge Riders/Council
Subcommittee
SGV Mosquito Abatement Dist.
SGV COG
SGV Economic Partnership
Sanitation District Board
So. Cal. Assoc. of Gov't (SLAG)
Upper SGV Water Assoc.
Annual Appointments of City Council Representatives to
Other Agencies
Council reviewed the staff report. Deputy City Clerk Buchanan
presented the following resolution:
RESOLUTION NO. 2000-37 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, NAMING RICHARD MELENDEZ AS THE
GOVERNING BOARD REPRESENTATIVE TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND
KATHRYN HOWARD AS THE ALTERNATE.
Motion by Herfert and seconded by Melendez to waive
further reading of the resolution and adopt and to approve the
following annual appointments. Motion carried 5-0.
Representative
Howard
Herfert
Melendez
Melendez
Melendez
Wong
Touhey
Touhey
Wong
Melendez
Herfert
Howard
Herfert
Melendez
Touhey
Herfert
Fields
APPROVAL OF DEMANDS AND WIRE TRANSFERS
Alternate
Herfert
Wong
Howard
Touhey
Staff
Touhey
Fox
Howard
Touhey
Howard
Herfert
Wong
Howard
Wong
Wong
Motion by Wong and seconded by Howard to approve demands
totaling $2,495,019.63 with checks #3021434 through #3021717
totaling $681,621.99, and wire transfers totaling $1,813,397.64.
Motion carried by roll call vote:
AYES: Howard, Melendez, Touhey, Wong, Herfert
NOES: None
ABSTAIN: Touhey re: Food Bank
MAYOR'S REPORT Rescheduling of Budget Study Session
Mayor Herfert scheduled the Budget Study Session for May 30"'
and one May 31" (if needed).
COUNCILMEMBERS' REPORTS
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Melendez Councilmember Melendez stated that he noticed a new charge on
his Suburban Water bill and requested staff to research the
charge. Secondly, he requested staff bring back a report on a
proposed skateboard park, and a gymnasium project at the June
20' meeting.
Howard Councilmember Howard asked about the timeline for' Skate
Junction. Mr. Collier responded that the appraisal was presently
being conducted. Mayor Herfert suggested that this project be
brought back at the June 20"' meeting also.
Melendez Councilmember Melendez read a statement regarding water
maintenance emergency fund money and suggested that the funds
be returned to the ratepayers in the form of improvements to
Shadow Oak Park. Specifically, he proposed an Aquatics Center
or a Water Stadium.
Touhey Councilmember Touhey expressed his disagreement with the
report from staff on the water rate refund. He also shared that he
has negotiated a charity wrestling match with the WCW World
Champion Goldberg. Finally, Mr. Touhey asked that the meeting
be adjourned in memory of Cody Rothwell. All member
concurred.
CITY MANAGER'S REPORT No reports
ADJOURNMENT Motion by Touhey and seconded by Howard to adjourn the
meeting at 11:34 p.m. in memory of Cody Rothwell. Motion
carried 5-0.
ayor , tev H rfert
ATTEST:
Y
City Clerk Janet -Berry
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