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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 • 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. min05.16.00 2 City Council Minutes May 16, 2000 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: min05.16.00 _ 3 • City Council Minutes May 16, 2000 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. min05.16.00 4 City Council Minutes May 16, 2000 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 nun05.16.00 5 • City Council'Minutes 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 min05.16.00 C City Council Minutes May 16, 2000 • 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. min05.16.00 7 City Council Minutes May 16, 2000 • 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 min05.16.00 0 City Council Minutes May 16, 2000 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 min05.16.00 9