01-21-1997 - Regular Meeting - Minutes%I
MINUTES
WEST COVINA CTI'Y COUNCIL
REGULAR MEETING
JANUARY 21, 1997
The regular meeting of the West Covina City Council was called to order at 1:38 pm by Mayor Touhey in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Planning
Director Jeff Collier and the Pledge of Allegiance was led by Councilmember Manners.
ROLL CALL Mayor Touhey, Mayor Pro Tem McFadden, Councilmembers Herfert,
Manners, Wong
Others Present: Starbird, Wylie, Miller, Glover, Zeller, Collier, Samaniego, Greene,
Ure, Mayer, Yoshizaki, Gardner, Lantz, Distelrath, Martyn, Berry
APPROVAL OF MINUTES Councilmember Wong corrected the word "date" to "data" on Page 4
of the minutes for the regular meeting of January 7, 1997.
Motion by Manners and seconded by Herfert to approve the
minutes of the regular meeting of December 3, 1996 and the regular
meeting of January 7, 1997, as corrected. Motion carried 5-0.
PRESENTATION Mayor Touhey presented a resolution of commendation to Winnie
Lewis for her service on the Senior Citizens' Commission.
HEARING TIME EXTENSION - URGENCY ORDINANCE # 1983 (WIRE-
LESS COMMUNICATION FACILITIES MORATORIUM
Mayor Touhey stated that this ordinance would extend the moratorium
on new and modified wireless communications facilities within the City.
City Clerk Berry verified the affidavit of publication and the
Mayor Touhey opened the hearing. The staff report was presented by
Planning Director Collier who stated that May 1, 1997 is the intended
extension date.
Public Testimony Mayor Touhey opened public testimony, asking for comments
None first in favor and then in opposition. No one addressed Council and
Testimony closed Mayor Touhey closed the public testimony portion of the hearing.
City Clerk presented:
Ordinance 1985 - ORDINANCE NO. 1985 - AN ORDINANCE OF THE CITY
extension to 5/1/97 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
EXTENDING ORDINANCE NO. 1983 PURSUANT TO SECTION
65858(a) OF THE CALIFORNIA GOVERNMENT CODE
Motion by Manners and seconded by Wong to waive further
reading of the ordinance and adopt. Motion carried 5-0.
AGENDA AND ORAL COMMUNICATIONS
Nancy Adin Nancy Adin, 2635 Maureen Street, addressed Item F-1 (Status of
Groundwater Contamination at the BKK Landfill) and Councilmember
Herfert's recommendation for a joint study session with state represen-
tatives. She posed several questions to help resolve this problem,
particularly in regards to the `order" vs the permit process. She
suggested writing to each member of Congress and state legislature.
if
Council Minutes of January 21, 1997
Jean Arneson Jean Arneson, 1116 Donna Beth, agreed with Ms. Adin and noted that
under the "order" process, citizens will not be given the opportunity to
provide input. Environmental Services Director Miller's report to the
Waste Management/Environmental Quality Commission was excellent
and the Commission responded immediately. She supported Council -
member Herfert's recommendation.
Royal Brown Royal Brown, 2153 Aroma Drive, spoke on the same subject, noting
that BKK needs to clean-up the groundwater underneath the homes.
He liken this situation with the Stringfellow Landfill situation.
Allen Ward Allen Ward, 1025 E. Marbury Street, complained about the posting of
illegal non -political signs throughout the City. He suggested several
methods for take down: 1) City crews, 2) the graffiti removal con-
tractor, and/or 3) volunteers.
Tim Krueger Tim Krueger, 621 Vanderwell, complained about a neighbor's pool
which is partially filled with green water.
CONSENT CALENDAR Written Communications (none received)
Commissions' Summary of Actions (receive & file)
Personnel 1/8/97
Planning 1/6/97 and 1/14/97
Senior Citizens 1/9/97
Claims for Action (deny & notify claimant)
On September 9, 1996, the City Clerk's Office received a claim for
property damage amounting to $2,000 from Chandler Hall.
On September 13, 1996, the City Clerk's Office received a claim for
monetary loss amounting to $152.75 from Martin E. Porras.
On September 10, 1996, the City Clerk's Office received a claim for
property damage amounting to $9,035 from Steve and Tamara
Perlmutter.
On December 5, 1996, the City Clerk's Office received an application
for leave to present a late claim from Gustavo Becerra for property
damage amounting to $2,792.10.
City Treasurer's Report (receive & file)
Report for the month,ending November, 1996.
Award of Bids
1) SP 96105 - Construction of Sidewalks/Wheelchair Ramps
SP 96105 - Recommendation is to accept the bid of Chino Construction,
Chino Construction Inc., Chino, in the amount of $89,450 as submitted at the bid
opening of January 8, 1997, and authorize the Mayor and City
Clerk to execute the agreement.
2) PP 96222 - Walmerado Park Extension of Second Story
Snack Bar
PP 96222 - Recommendation is to accept the bid of Whelan Construction,
Whelan Construction West Covina, in the amount of $26,811 as submitted at the bid
opening of January 15, 1997, and authorize the Mayor and City
Clerk to execute the contract.
2
Council Minutes of January 21, 1997
Miscellaneous - Public Works
1) Capital Improvement Program and Building Activity
Report - Fourth Quarter 1996
Recommendation is to receive and file the summary report.
2) Summary Vacation of Excess Right -of -Way on
Vanderhoof Drive
Recommendation is to adopt the following resolution:
Resolution 9405 - RESOLUTION NO. 9405 - A RESOLUTION OF
Tract No. 45098 THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, VACATING AND ABANDONING A
PORTION OF A STREET WHICH IS EXCESS RIGHT-OF-
WAY (VanderhoofDrive)
3) Amendment to Water Leases with McIntyre Investments
and The City of Covina
Water Lease Amendment - Recommendation is to authorize the Mayor and City Clerk to
McIntyre Investments/City of Covina execute amendments to the existing lease agreements with
McIntyre Investments and the City of Covina which will allow
the City of West Covina to receive surface water or well water
from the Covina Irrigating Company.
Miscellaneous - Environmental Services
1) BKK Landfill Closure Plans Status Report
BKK Closure Status Report Recommendation is to receive and file the status report.
2) Used Oil Grant Update
Used Oil Grant Update Recommendation is to continue support of the Used Oil Col-
lection program by: a) authorizing the Mayor to send a letter
to the schools in the City to encourage them to participate in
the calendar program; and b) authorizing the Mayor to send a
letter to the Chamber of Commerce and businesses in the City
encouraging them to help provide prizes for the calendar
contest.
Miscellaneous - Personnel Services
Physical Fitness Program for Police Department
Recommendation of the Personnel Commission is that a physical fitness
program be developed for safety employees of the Police Department
and to refer this to the Police Department for further analysis and
recommendation on implementation.
Miscellaneous - City Clerk's Office
Destruction of Certain Documents as Prescribed by Law
Recommendation is to adopt the following resolution:
Resolution 9406 - RESOLUTION NO. 9406 - A RESOLUTION OF THE
Destruction of Documents CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
Miscellaneous - City Manager's Office
1996/97 Work Program - Second Quarterly Update
Recommendation is to receive and file the updated report.
Council Minutes of January 21, 1997
Is
CONSENT CALENDAR MOTION Councilmember Herfert requested Item C-6d be removed for separate
consideration. Motion by Herfert and seconded by Manners to waive
further reading of the resolutions and adopt, and to approve all other
items listed except Item C-6d. Motion carved by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
Item C-6d In relation to Item C-6d (BKK Landfill Closure Plans Status Report),
Councilmember Herfert asked about agency responses to the City's
Public Records Act request regarding the destroyed documents.
City Manager Starbird stated that most of the agencies have
acknowledged receiving the request; we have received about 6 inches
worth of material at this point; a couple of agencies have asked for
additional time to respond.
Motion by Wong and seconded by Herfert to receive and file
the report. Motion carried 5-0.
PUBLIC WORKS
No reports for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
REDEVELOPMENT AGENCY 1) Mayor Touhey recessed the City Council meeting at 8:08 pm
to convene the Redevelopment Agency meeting. The City
Council reconvened at 8:34 pm with all members present.
2) RDA Annual Report - 1995/96
Redevelopment Agency Manager Yoshizaki presented a
thorough report during the RDA meeting. The recommen-
dation to the City Council is to receive and file the report.
Motion by Manners and seconded by McFadden to
receive and file the RDA Annual Report for 1995/96. Motion
carried 5-0.
ENVIRONMENTAL SERVICES
STATUS OF GROUNDWATER CONTAMINATION AT THE
BKK LANDFILL
BKK - Groundwater Environmental Services Director Miler presented a comprehensive
report on the contamination of groundwater at the landfill site,
explaining areas of concern on the aerial map of BKK. Mr. Miller
explained that the Waste Management & Environmental Quality
Commission received this same report on January 16th. Responding to
a question about drinking water, Mr. Miller stated that the City's
drinking water is supplied by the Metropolitan Water District and is not
effected by this contamination problem. In addition, all drinking water
is regularly tested for the same compounds
Motion Motion by Herfert and seconded by McFadden to send a letter
to the California state and federal legislators with the inclusion of Ms.
Adin's concerns, and to request state and congressional representatives
to join in a joint study session with the City Council on groundwater
contamination at the BKK Landfill.
City Manager Starbird suggested that the Council may want to
wait until the joint session concludes before sending letters to all the
state legislators.
On a related matter, Mayor Touhey wanted to discuss leachate
water and possible litigation. City Attorney Marlyn stated that Council
4
Council Minutes of January 21, 1997
It
Motion carried
HUMAN SERVICES
PUBLIC SAFETY
would be discussing all these issues at a study session scheduled for
February 18, 1997.
Mayor Pro Tern McFadden suggested that the letter to be sent
to the state legislators should also be sent to the involved agencies,
with a copy to the Governor and the State Attorney General.
Mayor Touhey asked for a vote on the motion. The motion
carried 5-0. Councilmember Herfert stated letters should be sent to
legislators and ask other questions at the legislators' briefing.
No reports for this meeting.
No reports for this meeting.
GENERAL ADMINISTRATION CITY MANAGER
VIETNAM VETERANS MOVING WALL MEMORIAL .
Council reviewed the staff report. Motion by Wong and seconded by
Manners to direst staff to submit an application for the Moving Wall to
come to West Covina. Motion carried 5-0.
CITY ATTORNEY
REPORT RE NOTICING FOR CLOSED SESSION OF 1/7/97
City Attorney Martyn stated that Councilmember Herfert's concern has
been addressed by reagendizing and rehearing the closed session matter
at the closed session on January 16, 1997.
Motion by Herfert and seconded by Manners to receive and file
the City Attorney's report. Motion carried 5-0.
APPROVAL OF DEMANDS Motion by Herfert and seconded by McFadden to approve Demands
totaling $1,034,433.90 as listed on one check register FI 167264
through 167551. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSTAIN: Herfert re SCE billing
ORAL COMMUNICATIONS
Royal Brown Royal Brown, 2153 Aroma Drive, suggested that the letters to be sent
to the California legislators should include the two U.S. Senators as
well.
MAYOR'S REPORTS, THE CITY'S 75th BIRTHDAY CELEBRATION
Intem Lynn Zeller presented the staff report, discussing events and
funding mechanisms used by other cities commemorating important
dates. Council was favorably disposed to begin work on a committee
to spearhead the City's 75th birthday of February 17, 1998.
Motion by Touhey and seconded by Manners to move forward
with planning. Motion carried 5-0.
Council Minutes of January 21, 1997
It
COUNCILMEMBERS' REPORTS
Wong Councilmember Wong requested staff to report back on the concept of
the City providing reward money for heinous crimes committed in
West Covina. .
.� ZI 114►1NT1 ► 1
ATTEST:
City Clerk Janet ry
Motion by Manners and seconded by Herfert to adjourn the meeting at
9:26 pm. Motion carried 5-0.
yor Michael Touhey