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01-21-2003 - Regular Meeting - MinutesI • MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL JANUARY 21, 2003 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:03 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Rev. John Foye of Christ Fellowship Church gave the invocation and Councilmember Miller led the Pledge of Allegiance. ROLL CALL Mayor Touhey, Mayor Pro Tern Herfert, Councilmembers: Miller, Sanderson, Wong Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, Wills, Tompkins, Durbin, Greene, Heaton, Genovese, O'Guinn, Hoppe, Palkhiwala, Samaniego, Paul, McIsaac, Tedesco, Bachman, Chung, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the City Council and Redevelopment Agency convened in closed session at 6:07 pm and all were present at the time with Councilmember Sanderson arriving at 6:23 pm. The City Council closed session item that was scheduled for discussion was not discussed and would come back at a later time. He reported that the Redevelopment Agency items scheduled for discussion were discussed as follows: a) City Attorney Alvarez-Glasman stepped out because of a conflict of interest; however, no final action was taken and there is nothing further to report. b) The other two scheduled items were discussed with no final actions taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant referred to Item G-1 (Athens Services Trash Collection Multi -Family Rate Information) would be held over until the next Council meeting. PRESENTATIONS With the assistance of the Football Coach of South Hills High School, Mayor Touhey presented Certificates of Recognition to each member of the Varsity Football Team. They won the 2002 CIF Southern Section Division VII Football Championship. With the assistance of the Hollencrest Middle School Basketball Head Coach, Mayor Touhey presented Certificates of Recognition to each member of the Girls Basketball Team. They won second place in the Inland Valley Middle School League Christmas Tournament. Mayor Touhey presented a Certificate of Recognition to the principal of Hollencrest Middle School, Wally Cook, as the school was selected as a Los Angeles County Literacy Demonstration Site. With the assistance of Rob Sotelo, President of the West Covina Rose Float Foundation, Mayor Touhey presented Certificates of Recognition to each of the volunteers and the builder of the 2003 Rose Parade Float. City Council Minutes of 2/14/03 ORAL COMMUNICATIONS Steve Cox Steve Cox, 1343 Hidden Valley Drive and W.C.U.S.D. Board of Trustees President, announced the new Superintendent for the school district, Dr. Richard Vladovic ("Dr. V."). On another topic, Mr. Cox expressed his appreciation for the Council's interest in education and encouraged the City Council to continue to meet with the joint sub -committees on common issues. Corey Warshaw Corey Warshaw, 3330 E. Holt Avenue, noted that the grant money for the school resource officers (SRO's) is running out. If other grants do not come through, we could lose a SRO. He encouraged the Council to work with the school districts on a shared cost for the SRO's because it would be a shame for the community to lose any of them. John Shewmaker John Shewmaker, 1825 Borrego Drive, commented on several items, including the ownership of cable television, civility of the City Councilmembers, and political signs. St. James Davis St. James Davis, 616 N. Vincent Avenue, talked about various monument signs at the entrance to several cities and that the ones with lighting for night time recognition were very attractive. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, discussed the inequities in the trash rates, particularly when it comes to multiple -family complexes and commercial rates for exactly the same service. CONSENT CALENDAR Commissions/ Summary of Actions (receive & file) Personnel Commission 12/11/02 Planning Commission 11/26/02, 12/10/02, 01/14/03 Ordinance for Adoption (waive reading & adopt) Ordinance 2094 - ORDINANCE NO. 2094 — AN ORDINANCE OF THE CITY re: walls, fences, hedges COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WALLS, FENCES AND HEDGES IN SINGLE-FAMILY RESIDENTIAL ZONES (Code Amendment No. 02-02) Claims Against the City Richard Weatherly vs. City of West Covina It is recommended that the claim for monetary loss filed by Richard Weatherly be denied and the claimant so notified. Olga Zarate vs. City of West Covina It is recommended that the personal injury claim of Olga Zarate be denied and the claimant so notified. Sandra Ramirez vs. City of West Covina It is recommended that the personal injury claim of Sandra Ramirez be denied and the claimant be no notified. Acceptance of Improvements/Release of Bonds Release of Performance Guarantee for Circuit City Store, Inc. Location: 2851 Eastland Center Drive Precise Plan No. 01-06 Recommendation is to accept all on -site and off -site improvements for Precise Plan No. 01-06 and release Performance Bond No. 6088603 by Safeco Insurance Company of America in the amount of $80,000. 2 City Council Minutes of 2/14/03 Award of Bid SP 03106 — Construction of Concrete Bus Pads SP 03106 - Recommendation is to take the following actions: Gentry Brothers 1) Authorize the transfer of $40,000 (Prop "A" funds) from SP 03115 (Account No. 121-320-3349-7200) to SP 03106 (Account No. 121-320-3340-7200). 2) Accept the lowest responsive bid of Gentry Brothers, Irwindale, in the amount of $122,275 as submitted at the bid opening on December 12, 2002. 3) Authorize the Public Works Director/City Engineer and City Clerk to execute the contract for the work to be done. Miscellaneous — Fire Department Fire Stations Designated as Safe Havens Recommendation is to adopt the following resolution: Resolution 2003-3 RESOLUTION NO. 2003-3 — A RESOLUTION OF THE Save Havens for children CITY COUNCIL OF THE CITY OF WEST COVINA AUTHOR- IZING THE CITY OF WEST COVINA TO PARTICIPATE IN THE SAFE HAVEN PROGRAM FOR CHILDREN Miscellaneous — Public Works Capital Improvement Program and Building Activity Report Fourth Quarter Ending December 31, 2002 (receive & file) Standard Specifications for Public Works Construction, 2003 Edition — Ordinance Introduction and Setting Public Hearing Date Public Hearing: 02/21/03 Recommendation is to introduce the following ordinance and set February 21, 2003 as the hearing date for the adoption of the Standard Specifications for Public Works Construction, 2003 Edition: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE 2003 EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTIONS BY REPEALING AND ADOPTING SECTION 19-1 OF THE WEST COVINA MUNIC- IPAL CODE Delegation of Authority to the City Engineer to Accept Public and Private Improvements and Release Securities Recommendation is to adopt the following resolution: Resolution 2003-4 RESOLUTION NO. 2003-4 — A RESOLUTION OF THE City Engineer to Release Bonds CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE CITY ENGINEER TO ACCEPT PUBLIC WORKS OF IMPROVEMENTS AS COMPLETE AND TO RELEASE PERFORMANCE BONDS, PAYMENT BONDS AND WARRANTY BONDS Miscellaneous — Police Department Purchase of Police Vehicles Police Vehicles Recommendation is to take the following actions: Wondries Ford 1) Find that the Los Angeles County bid number 5-200205 satisfies the City's bid process and approve the purchase of three (3) Ford Crown Victoria Police Interceptor vehicles from Wondries Ford of Alhambra for $74,354.00, including tax. Clippinger Chevrolet 2) Find that Los Angeles County bid number 5-208824 satisfies the City's bid process and approve the purchase of one (1) Chevrolet Impala from Clippinger Chevrolet of West Covina for $21,149.47, including tax. 3 City Council Minutes of 2/14/03 • is Brown Motor Works 3) Authorize the purchase of one BMW RI150R-P from Brown Motor Works of Pomona (the local distributor for the sole -source police buy-back program offered by BMW) for $19,750.21, including tax. Authorization for Expansion of the West Covina Service Group Recommendation is to take the following actions: 1) Additional positions 1) Authorize the creation of three new City job classifications within the WCSG to include Software Development Manager, Senior Software Developer, and User Support Specialist. (See attachments C, D, and E of the WCSG business plan for proposed job descriptions, and pay ranges.) 2) Authorize the WCSG to hire up to five additional personnel (1 existing vacancy, 4 new positions) in any combination of the above job descriptions, with City Manager approval. Provided the WCSG does not hire beyond this allocation and no costs to the General Fund result, no further City Council action is required. 3) Provided no General Fund burden is created, authorize the WCSG (with City Manager approval) to reclassify the existing WCSG sworn positions as needed due to business necessity or reassignment. Pass -through Charging Processing 4) Authorize the WCSG to make "pass through" purchases of hardware and software on behalf of client agencies and pass those costs directly back to the respective client agency. These "pass through" purchases will be exempt from the normal City bid process and purchasing procedures as the WCSG serves as a sole -source provider for its client agencies. This provision will have no impact on the General Fund. 5) Approve the West Covina Service Group Business Plan. Authorization for the West Covina Service Group to Contract with PST Technologies for Services PST Technologies Inc. Recommendation is to authorize the WCSG to enter a six-month contract with PST Technologies Inc., not to exceed $84,000.00, for software support services. PST Technologies will assist with maintenance of existing software and design of new software. Miscellaneous — Environmental Management BKK Landfill Closure Plans — Monthly Status Report Recommendation is to receive and file the report. Miscellaneous — City Manager's Office Public Hearing for Termination of Cable TV Contract Recommendation is to set April 1, 2003 as the date for the public hearing concerning the termination of the cable television franchise with Charter Communications. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Miller to waive further reading of the resolutions/ordinances and adopt/introduce; and to approve all other items listed except Items C-617 and B-6g. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None 19 City Council Minutes of 2/14/03 I • Item C-6f In relation to Item C-61' (Authorization to Expand the WCSG), Police Chief Wills presented the staff report and responded to Council questions and comments. In response to a comment by the Police Chief, Councilmember Wong asked for a report as to why the City lost employees of WCSG. He said that the risk associated with this technological enterprise as listed in the report are too great for him to vote in support of the recommendations. Wayne Heieck Wayne Heieck, 1313 S. Sunkist, commented on the WCSG and opined that the total number of police officers within the police force who are'available for patrol should not include the number of police Motion by Herfert and seconded by Miller to approve the staff recommendations regarding Item C-6f. Motion carried 4-1 with Wong voting no. Item C-6g In relation to Item C-6g (Authorization for the West Covina Service Group to Contract with PST Technologies for Services), Police Chief Wills responded to questions posed by Councilmember Wong. Motion by Sanderson and seconded by Herfert to approve the staff recommendation. Motion carried 5-0. PUBLIC HEARINGS No hearings scheduled for this meeting. REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:16 pm to convene the Redevelopment Agency. The City Council recon- vened at 9:17 pm with all members present. DEPARTMENTAL MATTERS FINANCE DEPARTMENT BUSINESS LICENSE FEES FOR VIDEO ARCADES Mayor Touhey stated that video arcades are an ancillary business to his pizza parlor and necessarily would step away from participating and voting on this issue, due to a conflict of interest. Mayor Pro Tern Herfert accepted the gavel to conduct the discussion on this item. Finance Director Bachman presented the staff report. Steve Burgess Steve Burgess, owner of "Nickel, Nickel' spoke to Council. City Council discussion ensued. Motion by Miller and seconded by Sanderson to uphold and maintain the current business license structure for video arcades and waive penalties related to payments of back taxes due under the Municipal Code for business license and permit fees by Nickel! Nickel! to be paid by February 28, 2003, and direct staff to review and report back on an appropriate fee for this type of business. Motion carried 3-1-1 with Herfert voting no and Touhey abstaining. Mayor Touhey returned to the Council table to conduct the remainder of the meeting. Recess Mayor Touhey recessed the City Council meeting at 10:02 pm. The City Council reconvened at 10:16 pm with all members present. City Council Minutes of 2/14/03 • 0 MAYOR'S REPORTS No reports for this meeting. COUNCILMEMBERS' REPORTS 1) Councilmember Wong — Athens Services Trash Collection — Multi -family Rate Information Athens Services Councilmember Wong commenced a discussion of the apparent inaccuracy of the information supplied by Athens Services and asked about staff's intended procedures for verifying the information. Environmental Management Director Samaniego responded to questions regarding the time involved in the telephone inquiries to multi -family facility managers versus conducting a physically check by staff. Councilmember Sanderson preferred staff take the time to conduct a full check for accurate information. Council discussion followed. Motion by Sanderson and seconded by Herfert to hold over this matter until the next meeting to allow staff additional time to work with Athens and survey all multi- family housing. Motion carried 5-0. Mayor Touhey asked for more information about compacting services utilized by Continental Apartments. 2) Councilmember Wong Resolution Urging the California Legislature to Reject the Governor's Proposed Shift of Local Vehicle License Fee Revenues Councilmember Wong elaborated on the staff report. City Clerk presented: Resolution 2003-5 RESOLUTION NO. 2003-5 — A RESOLUTION Vehicle License Fees OF THE CITY COUNCIL OF THE CITY OF WEST COVINA URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VEHICLE LICENSE FEE REVENUES Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 5-0. 3) Councilmember Miller — Zoning Exemption for Signs Related to Historical Structures Councilmember Miller elaborated on the staff report and suggested a clear definition is needed to provide for off - premise signs in residential zones. This could be as an exemption to the current sign code for signs of an historical nature for historical sites. Short discussion followed. Motion by Herfert and seconded by Sanderson to refer it to the Planning Commission for review and setting standards for future incidents, and the particular water tower in question be handled administratively. Motion carried 5-0. On another matter, Mayor Touhey requested Council concurrence on setting a special meeting Thursday evening, January 23, to discuss the re-release of a child molester into West Covina. Councilmember Wong stated that he would not be able to attend, but encouraged Council to conduct the meeting. 6 City Council Minutes of 2/14/03 Council concurred on a closed session at 6:30 pm Thursday evening, January 23, and then at 7:00 pm that same evening convene in the City Hall Council Chambers for a public meeting on the same subject matter. ADJOURNMENT Motion by Herfert and seconded by Wong to adjourn at 10:55 pm to 6:30 pm on Thursday, January 23, 2003 in the City Manager's Conference Room. It The meeting was adjourned in memory of Thomas Jefferson, one of the City's most popular employees. Mr. Jefferson recently retired from City services at the age of 93 and passed away shortly thereafter. Motion carved 5-0. Attest: M' V; City Clerk jar."et BeiTy • Ma r Michael Touhey 7