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07-05-2000 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JULY 5, 2000 • The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:40 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave the invocation and Mayor Herfert led the Pledge of Allegiance. Reporting Out from Mayor Herfert requested Interim City Attorney Lennard to report Closed Session action taken by Council during the closed session, which was held just prior to this meeting. Interim City Attorney Lennard stated that BKK had requested that the City encumber property pursuant to the provisions in the settlement agreement and Council took an action to approve. The vote was 4-0-1 with Herfert abstaining (conflict of interest). ROLL CALL Mayor Herfert, Mayor Pro Tern Wong, Councilmembers Howard, Melendez, Touhey Others Present: Hobbs, Fields, Lennard, Tucker, Hernandez, Batt, Fong, Chung, Fox, Pidgeon, Genovese, Mayer, Will, Schimanski, Hatch, Berry APPROVAL OF MINUTES Mayor Pro Tern Wong noted the amount of $1100 as stated on Page 3 of June 20 regular minutes was incorrect. It should be $1170. The following minutes were approved as presented and corrected, above: Special meeting of June 20, 2000 Regular meeting of June 20, 2000 Special meeting of June 22, 2000 PRESENTATION John Hughes, West Covina Elks coordinator of the five-day July 4's celebration at Cameron Park relative to the Muscular Dystrophy fundraising efforts, thanked the City Council and City staff for all the assistance and support given to make the event a success. A full reporting will be made at a future meeting. ORAL COMMUNICATIONS Perry Bacon Perry Bacon, 4343' E. Live Oak Avenue, Arcadia, requested the City Council to stop it's childish handling of Moe the Chimp. Cookie Nance Cookie Nance, 1236 E. Eckerman Avenue, called the City's Code Enforcement Program "stupid" and blamed the City Manager for the handling of the Moe the Chimp situation. John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, felt an article in the Tribune referencing the City Council by referring to the "gang of three" had a negative connotation, whereas his own "dynamic duo" reference had a positive connotation. Council Minutes of 7/5/00 • Jennifer Rhyne Jennifer Rhyne, 1335 Evanwood Avenue, read a letter written by one of her neighbors, residing at 621 N. Vincent Avenue, urging the Council to permit Moe the Chimp back to West Covina. Ms. Rhyne supported the thoughts conveyed in the letter. Mary Ona Demmitt Mary Ona Demmitt, 815 S. Lark Ellen Avenue, thanked Council for all the good they have done in the past and urged them to con- tinue to do good by ending the Moe the Chimp issue. Joseph Querido Joseph Querido, 429 Mandeville Drive, Walnut, requested Council's consideration for a traffic signal at the intersection of Nogales and Francesca Drive. Tony Cartagena Tony Cartagena, 21200 E. Valleyview Drive, Walnut, Council - member of the City of Walnut, presented the City Council with a petition of residents in the area of Nogales and Francesca. The petition urged the City Council to install a signal light at that intersection. Mayor Herfert stated that the request for a traffic signal would be forwarded to the Traffic Committee. HEARING INFORMAL HEARING — ANALYSIS OF ONGOING FISCAL CHALLENGE IN THE GENERAL FUND Budget Hearing Mayor Herfert stated the purpose of the scheduled hearing and asked if it had been duly noticed. City Clerk Berry responded in the affirmative. Councilmember Howard requested that the hearing be postponed, for at least one more study session, as she felt there were too many unresolved items. Councilmember Touhey agreed; however, the issue involving the 3% @ 50 should be considered separately, this evening. Councilmember Howard concurred. Public Testimony Mayor Herfert stated that Council would forego the staff report, as this would be held over. However, he gave the following individuals an opportunity to address Council since they submitted speaker cards: Royal Brown Royal Brown, 2153 Aroma Drive, suggested that the Planning Department should be dissolved because the City is all built -out. John Scheuplein John Scheuplein, 1520 Newcrest Drive, indicated his support to the Council in moving forward with the 3% @ 50 this evening and complimented staff on a fine report. The public testimony portion of the hearing was left open for additional comments, if any, to be presented at the continued hearing. Motion by Howard and seconded by Touhey to hold over the consideration of the budget, until a special meeting has been scheduled, with the exception of the 3% @ 50 issue. Motion carried 4-1 with Wong voting no. Councilmember Wong explained his dissenting vote in that he preferred to consider all items impacting the budget during budgetary deliberations, rather than removing one for separate action outside the budgetary process. 4 Council Minutes of 7/5/00 3% @ 50 Re this subject matter, Mayor Herfert noted a speaker card had been submitted: Cruz Garcia Cruz Garcia, President of the West Covina Police Officers' Association, addressed Council. He stated that the association's consultant, Mr. Roger Milak, was available to answer questions. • Mayor Herfert stated that Council had approved this particular item several months ago. The appropriate motion at this point in time would be to approve sending a check to Sacramento to enable the retirement benefit to become effective July 1, 2000 for all public service employees. Councilmember Touhey discussed funding sources and PERS interpretation. The necessary funds to cover the check are currently being held in the BKK Community Fund. Councilmember Wong reiterated his position about removing budgetary items from the budget discussions for separate action. He also objected to considering this retirement benefit outside the Meet and Confer process. Mayor Herfert asked for a vote on the pending motion to authorize bi-weekly checks be sent to PERS, drawn against the BKK Community Fund. Motion carried 4-1 with Wong voting no. CONSENT CALENDAR Commission Summary of Actions (receive & file) Planning 6/13, 6/14, 6/19, 6/21 Waste Management & Environmental Quality 6/15 Ordinance for Adoption (waive reading & adopt) Ordinance 2057 - ORDINANCE NO. 2057 — AN ORDINANCE OF THE Precise Plan 874 & CUP 545 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING THE DEVELOPMENT AGREEMENT FOR PRECISE PLAN NO. 874 AND CONDITIONAL USE PERMIT NO. 545 Approval of Final Maps (waive reading & adopt resolutions) Lot Line Adjustment No. 143 — Rielly Homes Resolution 2000-52 - RESOLUTION NO. 2000-52 — A RESOLUTION OF THE CITY Lots 151 & 152 of Tract 32324 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 143 AND DIRECTING THE RECORDATION THEREOF (Rielly Homes) Lot Line Adjustment No 144 — Rielly Homes Resolution 2000-53 - RESOLUTION NO. 2000-53 — A RESOLUTION OF THE CITY Lots 160 & 162 of Tract 32324 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 144 AND DIRECTING THE RECORDATION THEREOF (Rielly Homes) • Acceptance of Improvements/Release of Bonds Precise Plan No. 17, Revision No 27 Precise Plan 17, Rev. 27 - Location: 2620 East Workman Avenue Westfield Recommendation is to accept onsite and offsite improvements and release Performance Bond No. 1337862 by Amwest Surety Insurance Company in the amount of $135,000. $1 Council Minutes of 7/5/00 Precise Plan No. 17, Revision No. 28 Precise Plan 17, Rev. 28 - Location: 2700 East Workman Avenue Westfield Recommendation is to accept onsite and offsite improvements and release Performance Bond No. 1337862 by Amwest Surety Insurance Company in the amount of $56,000. Precise Plan No. 868 Precise Plan 868 - Location: 1333 W. Garvey Avenue North So. Cal. Housing Dev. Corp. Recommendation is to accept onsite and offsite improvements and release Performance Bond No. SD00030985 in the amount of $147,000. Traffic Committee Minutes of June 20, 2000 Recommendation is to accept and file. Treasurer's Report for the Month of May, 2000 Recommendation is to receive and file. Miscellaneous — Finance Department Continuation of DMG Maximus Contract for Services DMG Maximus - Recommendation is to authorize the Finance Director to execute the Agreement to Provide Mandated Cost Claiming Services with DMG Maximus for fees not to exceed $11,200 for the year ending June 30, 2001. CONSENT CALENDAR ACTION Motion by Wong and seconded by Howard to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar except Item C-2. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None Item C-2 - Mayor Herfert removed Item C-2 from the Consent Calendar for Ordinance 2057 adopted separate action. City Clerk Berry read the title of Ordinance No. 2057. Motion by Wong and seconded by Howard to waive reading of the ordinance and adopt. Motion carried by roll call vote: AYES: Howard, Melendez, Wong NOES: Touhey, Herfert END OF CONSENT CALENDAR PUBLIC SERVICES WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1— . SETTING OF 2000/2001 ASSESSMENT RATE City Engineer Mayer presented the staff report. Councilmember Melendez stated that due to conflict of interest laws, he would abstain from the discussion and vote on this issue. He resides within Landscape Maintenance District No. 1 City Clerk presented: Resolution 2000-54 - RESOLUTION NO. 2000-54 — A RESOLUTION OF THE 13 Council Minutes of 7/5/00 0 MD No. 1 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAIN- TENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 Motion by Howard and seconded by Herfert to waive fur- ther reading of the resolution and adopt. Motion carried 4-0-1 with Melendez abstaining (conflict of interest). WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 — SETTING OF 2000/2001 ASSESSMENT RATE City Engineer Mayer presented the staff report. City Clerk presented: Resolution 2000-55 - RESOLUTION NO. 2000-55 — A RESOLUTION OF THE MD No. 2 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 Motion by Howard and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 8:48 pm to convene the Redevelopment Agency. The City Council recon- vened at 8:50 pm with all members present. COMMUNITY SERVICES No reports for this meeting. POLICE DEPARTMENT COPS IN SCHOOLS — 2000 SRO GRANT The City Council reviewed the staff report. Student Resource Officer grant Motion by Touhey and seconded by Melendez to approve the Police Department's grant application for the "COPS In Schools 2000) hiring grant, administered by the Federal Office of Community Oriented Policing Services, with an understanding that the required cash match will be met by the West Covina Unified School District, and the SRO position created under the grant will be retained by the City after the three-year grant period. Motion carried 5-0. ADMINISTRATIVE SERVICES No reports for this meeting. GENERAL ADMINISTRATION OFFICE OF THE CITY CLERK DESIGNATION OF VOTING DELEGATE — LEAGUE ANNUAL CONFERENCE Council reviewed the staff report. Howard — Voting Delegate Motion by Touhey and seconded by Melendez to appoint Councilmember Howard as the voting delegate to the League of California Cities Annual Conference scheduled for September 7 through September 9, 2000. Motion carried 5-0. 5 Council Minutes of 7/5/00 CITY MANAGER'S OFFICE LEGAL AUDIT PAYMENT Council reviewed the staff report. Motion by Touhey and seconded by Herfert to hold over this item and schedule the matter for a closed session. Motion carried 5-0. 40 APPROVAL OF DEMANDS Motion by Howard and seconded by Herfert to approve demands totaling $2,891,461.08 (wire transfers: $1,209,811.31) as listed on check registers 3022336 through 3022645. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None ABSTAIN: Touhey re Community Food Bank Mayor Herfert noted that he accidentally skipped a speaker's card and asked Mike Miller to come forward to address the Legal Audit Payment (Item J-2). Mike Miller Mike Miller, 735 Herring Avenue, commented on the guidelines attached to the staff report. He felt guidelines are very appropriate and suggested that Council be sure to include the notation that consultations between in-house attorneys not be billable to the City. MAYOR'S REPORT No reports for this meeting. COUNCILMEMBERS' REPORTS SKATEBOARD PARK PROJECT Skateboard Parks Community Services Director Hatch presented the staff report and responded to Council questions and comments. He stated that he would be able to provide the total costs incurred by other cities in creating skateboard parks. Council discussed community input, design, location, and liability. Upon conclusion of the discussion, Council concurred in receiving and filing the report, pending future budget deliberations on the Capital Improvement Program. Community Center Community Services Director Hatch presented the staff report and responded to Council questions and comments. Council discussed citizen input as a necessary component for a successful community center. Motion by Wong and seconded by Howard to receive and file the staff report, pending the future City Council budget deliberations on the Capital Improvement Program. Motion carried 4-1 with Herfert voting no. Mayor Herfert didn't want to wait any longer, but move forward as soon as possible. . POTENTIAL WEST COVINA AQUATIC CENTER AT SHADOW OAK PARK Aquatic Center Community Services Director Hatch presented the staff report. Motion by Howard and seconded by Herfert to receive and file the report, pending future City Council budget deliberations on the Capital Improvement Program. Motion carried 5-0. 0 Council Minutes of 7/5/00 4 CITY MANAGER'S REPORT ADJOURNMENT Attest: City Clerk Janet Ber� On another matter, Councilmember Howard suggested that the City Council set aside a third evening of the month, reserved specifically for items held over from previous meetings or for study sessions. If there were no items for consideration, the meeting wouldn't be held. The purpose in having a reserved meeting time would help alleviate the scrambling around for dates and times. The remaining Councilmembers didn't favor the idea. No reports for this meeting. Motion by Howard and seconded by Melendez to adjourn the meeting at 9:53 pm. Motion carried 5-0. Nhlror St Ierfer 7