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05-01-2001 - Regular Meeting - Minutes• 0 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL MAY], 2001 The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:55 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Acting City Manager Chung gave the invocation and Councilmember Miller led the Pledge of Allegiance. ROLL CALL Mayor Wong, Mayor Pro Tern Touhey, Councilmemebers: Herfert, Miller, Sanderson Others Present: Chung, Fields, Alvarez-Glasman, Samaniego, Greene, Mayer, Hatch, King, Freeland, Lennard, Tedesco, Wills, Schimanski, Myrick, McIsaac, Esquivel, Keating, Batt, Fox, Berry APPROVAL OF MINUTES The minutes of the regular meeting of April 3, 2001 were held over for the City Clerk to insert comments from Councilmember Sanderson. PROCLAMATIONS Mayor Wong proclaimed May 12 as Fire Service Recognition Day and presented the proclamation to Fire Chief Richard Greene, Mayor Wong proclaimed the month of May as Mental Health Month and presented the proclamation to Elsie Redline, founding president of the Alliance for the Mentally Ill — East San Gabriel Valley, Mayor Wong proclaimed May 3 as National Day of Prayer and presented the proclamation to George Castro, national Day of Prayer Co -coordinator from Calvary Chapel Church. Mayor Wong proclaimed the week of May 6 as National Nurses Week and presented the proclamation to Irma Cooper, Director of Transitional Care at Queen of the Valley Hospital and National Nurses Week Chairman. Mayor Wong proclaimed the week of May 20 as National Public Works Week and presented the proclamation to superintendent of Maintenance Operations Corky King. Mayor Wong proclaimed the month of May as Veteran Appreciation Month and presented the proclamation to Gina Galvan, West Covina Site Branch Manager of the State of Californian Employment Development Department. Ms. Galvan announced the phone number for job service in West Covina: 626 814-8234. PRESENTATIONS With the assistance of Police Chief Wills, Mayor Wong presented a' Resolution of Commendation to retiring Police Corporal Rob Tibbetts for an outstanding, dedicated, professional career of twenty-seven years with the West Covina Police Department. Council Minutes of 511101 Mayor Wong presented a Certificate of Recognition to Bruce Leinbach, 2"d VP of the West Covina Lions Club. The certificate recognized 31 successful years of "Night on the Town" fundraising in the community. •ORAL COMMUNICATIONS Roy Colwick Roy Colwick, 1728 Mossberg Avenue, discussed the carport he constructed on his property and subsequently received a notice from Code Enforcement in violation of the Municipal Code. Mayor Wong referred the matter to staff for a report back on this issue. He noted that the Brown Act prohibits Council from acting on an item without first being agendized. Councilmember Herfert also stated that the Council's philosophy on code enforcement is currently under review and Mayor Pro Tem Touhey commented further that he would be suggesting a citizens appeal committee. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, supported Mr. Colwick's position. Cookie Nance Cookie Nance, 1236 W. Eckerman Avenue, appreciated the additional handicapped parking spots in the parking lot. Alan Tuntland Alan Tuntland of San Jose Hills Development stated that a BKK item is coming up later on the agenda. He asked that it be held over for additional time for his company to review and sit down with the City's Special Counsel Colin Lennard. Mayor Wong stated that the item would be discussed later on the agenda. Terry Galzote Terry Galzote, 742 N. Hartley Street, announced SportsFest 2001 has scheduled for June 9, 2001. Mayor Wong asked staff to obtain the information for placement on WCCT's corkboard. Bruce Leinbach Bruce Leinbach, Sandy Hills Drive, discussed the First Time Homebuyer's Program offered through the Redevelopment Agency. He asked that some of the restrictions be lifted so that more homebuyers can avail themselves of the program. HEARINGS No hearings scheduled for this meeting. CONSENT CALENDAR Commissions' Summary of Actions (receive & file) Planning 4/24/01 Community Services 3/27/01 Joint Community Services/Senior Citizens 3/27/01 • Approval of Final Map Parcel Map No. 24585 Subdivider: BKK Corporation Recommendation is to adopt the following: Resolution 2001-33 RESOLUTION NO. 2001-33 — A RESOLUTION OF THE CITY BKK Corporation COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 24585 AND DIRECTING THE RECORDATION THEREOF (BKK Corp.) 2 Council Minutes of 5/l/O1 Acceptance of Improvements/Release of Bonds Principal: West Covina Royale Location: 150 S. Grand Avenue Recommendation is to accept onsite and offsite improvements for Precise Plan No. 860 and authorize Release of Bond No. 5864102 is by Safeco Insurance Company of America in the amount of $666,000.00. Traffic Committee Minutes (accept & file) Regular meeting of April 17, 2001. Award of Bids Traffic Signal Modification at the Intersection of California Avenue and Merced Avenue — Project TS 97101B TS 97101B - Recommendation is to accept the bid ofMacadee Electrical Con- Macadee Electrical Const. struction in the amount of $8,969.00 as submitted at the bid opening on April 24t' and authorize the Mayor and City Clerk to execute an agreement for the work to be done. March 2001 Statement of Treasurer's Accountability Recommendation is to receive and file the month of March report. Miscellaneous — Planning Department Partial Waiver of Fees: Conditional Use Permit 01-04 - Heritage Clinic and Community Assistance Program CUP 01-04 - Recommendation is to approve the waiver of the filing and pro - St. Martha's Episcopal Church cessing fees for CUP No. 01-04 in the amount of $1,351.00 and require the payment of costs for mailing and publication of public hearing notices in the amount of $172.90. Miscellaneous — Finance Department 2001 Investment Policy Recommendation is to adopt the City's Investment Policy and accompanying Investment Portfolio Guidelines. Los Angeles County Investment Pool (LAC1P) Resolution LACIP Recommendation is to adopt a resolution authorizing the City Finance Officer and/or their designee to continue investment of surplus cash in the Los Angeles County Investment Pool (LACIP). Miscellaneous — Environmental Management Authorization for Repair of Electric Vehicle Charging Station Repair of EV Charging Station - Recommendation is to take the following actions: Clean Fuel Connection, Inc. * Find that the estimate provided by Clean Fuel Connection, Inc. is adequate, thereby waiving the requirement to solicit bids; and * Authorize the Environmental Management Director to execute an agreement with Clean Fuel Connection, Inc. to complete the designated repairs; and * Appropriate a maximum of $2,328 from fund balance 119- 300 for account #119-320-2319-6330, equipment main- tenance and repair. Council Minutes of 5/1/01 Miscellaneous — Police Department Appropriating the COPS In Schools 2000 SRO Grant COPS in Schools (SRO Grant) Recommendation is to: a) Appropriate $43,273 in 197-320-2111-5XXX for FY 00/01. b) Reclassify $30,636 in salary and benefit expenditures • already encumbered since December 2000 from 110-320- 2110-5XXX to 197-320-2111-5XXX. c) Direct staff to include the remaining grant funds in future budget processes, as follows: $79,412 in 197-320-2111- 5XXX for FY 2001/02, $85,176 in 197-320-21t1-5XXX for FY 2002/03, and $37,934 in FY 2003/04, although these are estimates, pending future salary and benefit negotiations. Miscellaneous — Fire Department Replacement of Fire Department Command Unit Fire Command Unit - Recommendation is to authorize the use of vehicle replacement Ed Butts Ford funds to purchase a replacement from Ed Butts Ford and to have the vehicle reconfigured as a suitable command unit by Advance Command Solutions, Inc. of Yorba Linda. CONSENT CALENDAR MOTION Motion by Miller and seconded by Herfert to waive reading of the resolutions and adopt, and to approve all other items listed, except Items C-2 and C-7b. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Touhey, Wong NOES: None Items C-2 and I-1 In relation to Item C-2 (Final Map Approval of Parcel Map No. 24585 — BKK Corporation), prior to Special Counsel Leonard addressing both Item C-2 and Item I-1 (BKK Landfill Con- taminated Groundwater Corrective Measures Implementation Plan Insolvency Statement), Councilmember Herfert stated that he would abstain from the discussion and vote on both these issues due to a lawsuit settlement between BKK and himself. Mr. Lennard referred to Mr. Tuntland's (BKK) comments under Oral Communication. For preciseness, Mr. Leonard restated the verbal proposal: in light of BKK's material submitted to EPA, BKK would agree that City's special counsel would review it with BKK and with EPA and report back to the City Council under a Conflict of Confidentiality provision. Mr. Tuntland stated his agreement with Mr. Lennard's statement. City Engineer Thomas noted that the parcel map was held over from last meeting and is ready for approval at this time. Royal Brown Royal Brown, 2153 Aroma Drive, felt the two agenda items were tied together and suggested that the financial assurance items be satisfied before the parcel map is executed. John Scheuplein John Scheuplein, 1800 Aroma Drive 4247, spoke as a member of the RACCOON group supporting Mr. Brown's comments and • reminded Council of BKK's reputation of using smoke and mirror tactics in the past. r As a point of clarification, City Engineer Mayer stated that the parcel map in question does not have bonding requirements. City Clerk Berry read the title of Resolution No. 2001-33. 19 Council Minutes of 511101 • • Resolution 2001-33 adopted Motion by Miller and seconded by Touhey to waive further reading of the resolution and adopt. Motion carried 4-0-1 with Herfert abstaining (conflict of interest). Item C-7b In relation to Item C-7b (2001 Investment Policy), Controller Swink presented the staff report. Royal Brown Royal Brown, 2153 Aroma Drive, questioned the City owning stock and Mr. Swink responded. Motion by Herfert and seconded by Touhey to approve the staff recommendation. Motion carried 5-0. END OF CONSENT CALENDAR PUBLIC WORKS GEOTECHNICAL EVALUATION REPORT FOR THE 2400 BLOCK OF BELINDA STREET City Engineer Mayer presented the staff report. Belinda Street Robert & Lani Marshall Robert and Lani Marshall, 2428 Belinda Street, addressed Council on this issue. The report didn't assure them of possible sewer or water leaks under their house that could be causing some of the problem. Recess Mayor Wong recessed the City Council at 9:15 pm to give the City Attorney an opportunity to brief Councilmember Touhey on the legal ramifications of this case as Mr. Touhey missed the briefing during closed session. The City Council reconvened at 9:25 pm. PLANNING City Engineer Mayor stated that there are no public water or sewer lines under residential homes. Any lines would be those serving the household. Mayor Wong stated that findings of the study concluded that the City slope is not involved; however, the City will do its best to put together a meeting between the homeowners and the developer as requested by the Marshalls. Councilmember Sanderson asked City Engineer Mayer to have the weeds hanging into the Marshall's backyard looked into. Motion by Herfert and seconded by Miller to receive and file the report and authorize the facilitation of a meeting between the property owners and the developer along with the developer's engineer, soils engineer, and contractor. Motion carried 5-0. No reports for this meeting. ADMINISTRATIVE SERVICES — FINANCE DEPARTMENT PRESENTATION BY MORELAND & ASSOCIATES OF THE "FINANCE DEPARTMENT MANAGEMENT REVIEW: FINAL REPORT AND DIRECTION FROM CITY COUNCIL ON MORELAND& ASSOCIATES RECOM- MENDATIONS IN THE FINAL REPORT Interim Finance Director Esquivel introduced Mike Moreland, the principal of the firm, and Mike McNamara who reviewed the study and several of the twenty-seven recommendations presented therein. The City Council commented on several of his con- clusions and recommendations. I Council Minutes of 5/1/01 Motion by Herfert and seconded by Sanderson to take the following actions: 1) Receive the report and presentation. Accept Moreland & Associates' recommendations in concept. 2) Direct staff to return to Council with those recommen- dations requiring Council action (e.g. those requiring Municipal . Code or Council Policy changes), in batches. 3) Direct staff to commence action on those items within managerial authority and report back to City Council within ninety days on actions taken or alternatives thereto. 4) Refer the fiscal impact to the Budget process. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 10:16 pm in order to convene the Redevelopment Agency. The City Council reconvened at 10:33 pun with all members present. COMMUNITY SERVICES No reports for this meeting. ENVIRONMENTAL MANAGEMENT BKK LANDFILL CONTAMINATED GROUNDWATER CORRECTIVE MEASURES IMPLEMENTATION PLAN INSOLVENCY STATEMENT Council reviewed the staff report. Motion by Miller and seconded by Touhey to hold this item over until a future meeting, as discussed earlier with Consent Calendar Item C-2. Motion carried 5-0. PUBLIC SAFETY No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. APPROVAL OF DEMANDS AND WIRE TRANSFERS Motion by Miller and seconded by Herfert to approve demands totaling $1,733,047.29 (wire transfers = $1,239,377.29) as listed on check registers 3028495 through 3028886. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Touhey, Wong NOES: None MAYOR'S REPORT Mayor Wong announced that Thursday, May 3, 2001, is National Day of Prayer and activities are scheduled to start at noon at City Hall. COUNCILMEMBERS' REPORTS CITY OF WEST COVINA ENERGY ADVISORY COMMITTEE Energy Advisory Committee Councilmember Herfert presented the staff report, noting that City staff has done a remarkable job in conserving energy at the City level. He suggested a subcommittee be formed to see if there are others interested in getting information and answers out to the community concerning not only the current electrical energy crisis, I Council Minutes of 511101 but other types of energy situations as well. He and Coun- cilmember Miller volunteered to work on the subcommittee. DIRECTIONAL SIGNS IN PUBLIC RIGHTS -OF -WAY Directional Signs Coun61member Touhey presented the staff report and discussed • commercial identification directional signs throughout the City, with perhaps a minimum limit of 100,000 square feet on the size of shopping center. Motion by Touhey and seconded by Miller to refer the matter of commercial and real estate directional signs to the Planning Commission and report back at the first meeting in June. Motion carried 5-0. CITY MANAGER'S REPORT Acting City Manager Chung reminded Council that a study session has been scheduled for Wednesday, May 16, at 6:00 pm in MRC. City Attorney Alvarez-Glasman reported that the City Council had made a decision in closed session that was reported out in open session immediately following that the firm of DMG Maximum has been chosen to recruit for the City Manager. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 10:47 pm. Motion carried 5-0. Attest: Cit:�Clerk,Jane. Berry • aA I.TIAKA . �;• 7