09-02-1997 - Regular Meeting - MinutesMINUTES
.REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
• SEPTEMBER 2,1997
The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:37 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor Il
Heum Yun of West Covina Korean United Methodist Church and the Pledge of Allegiance was led by Mayor
Pro Tem Melendez.
ROLL CALL Mayor Wong, Mayor Pro Tem Melendez, Councilmembers Herfert,
Howard, Touhey
Others Present: Starbird, Wylie, Martyn, Miller, Collier, Greene, Samaniego, Collins,
Distelrath, McIsaac, Tong, Keating, Fong, Shively, Bonaparte, Ure,
Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by Melendez to approve the minutes
of the following meetings:
Special meeting of August 19, 1997
Regular meeting of August 19, 1997
Special meeting of August 21, 1997
Motion carried 5-0.
PRESENTATIONS/PROCLAMATIONS
Mayor Wong presented a proclamation to Sonnie Faires and John
Fields proclaiming the month of September as CHAMBER OF
COMMERCE MONTH.
Mayor Wong presented a proclamation to Mike Lee, proclaiming
September 2e as WEST COVINA DAY AT THE LOS ANGELES
COUNTY FAIR.
With the assistance of Mike Pill, manager of West Covina Bronco
Baseball, Mayor Wong presented certificates of recognition to each of
the players for their accomplishment of winning the World Series.
Robert Bryant of Flowers by Robert Taylor announced the second
annual Good Neighbor Day. His flower shop will be making available
a dozen roses for free to participants with the caveat that eleven of the
twelve roses be given to others as a token of kindness and friendship.
The event is scheduled for September 10, 1997.
Police Chief Distelrath and Corporeal Dave Shively introduced Diana
. Travis (ten years old) and Ashlyn Boyer (eleven years old) who sold
lemonade on Saturdays at the Farmers Market. The two girls decided
on their own to raise money for the West Covina Police DARE
program. Diana and Ashlyn presented the $40.00 they earned and in
turn were presented with Certificates of Appreciation from Mayor
Wong.
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Council Minutes of 9/2/97
HEARING PUBLIC NUISANCE ABATEMENT HEARING
Location: 1027 South Montezuma Way
City Clerk Berry verified the affidavit of posting. Mayor Wong
explained that this was a matter concerning an unmaintained pool that
was determined to be a threat to He and public health, and
consequently pumped. WCMC § 15-204 requires the City Council to
conduct a hearing on the emergency abatement. He opened the
hearing and the staff report was presented by Planning Director Collier.
Public Testimonv • Mayor Wong opened the public testimony portion of the hearing and
None asked for comments. No one addressed the City Council and the
Testimony Closed public testimony portion of the hearing was closed.
City Clerk presented:
Resolution 9486 - RESOLUTION NO. 9486 - A RESOLUTION OF THE
1027 S. Montezuma Way CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, DECLARING THE PROPERTY LOCATED AT 1027 SOUTH
MONTEZUMA WAY A PUBLIC NUISANCE
Motion by Herfert and seconded by Howard to waive further
reading of the resolution and to adopt. Motion carried 5-0.
Mayor Wong noted that several members of the audience had
submitted speaker's cards to address Item J-1. With Council's concur-
rence, Mayor Wong moved forward the item for consideration at this
time.
CITY CLERK'S OFFICE FIREFIGHTERS' INITIATIVE PETITION
Firefighters' Initiative City Clerk Berry presented the staff report, noting that the petition
qualified with the requisite number of registered voters to cause the
City Council to consider setting a special election. City Manager Star -
bird elaborated on the options available to the City Council.
Mayor Wong invited the following individuals to address Council:
Nancy Manners Nancy Manners, 734 N. Eileen, BEST member, recited the
benefits of maintaining a City fire depart-ment. She talked about
response time, level of service, ability to imple-ment extra programs
and control costs, and the uncertainty and ambiguity of the initiative
petition. She emphasized the current mutual aid contract and cited last
year's activities: the County Fire Department requested West Covina's
Fire Department to assist 81 times in the County area last year versus
the County's inability to respond to the handful of times that we
requested their assistance. She took exception to the signature
gathering techniques used by the proponents and concluded by offering
BEST as an author to an argument opposing the measure, if need be.
Carl Johnson Carl Johnson, 329 N. Orange, a member of the BEST
committee, felt the petition wording was misleading and confusing. He
. read from part of it and suggested that the City Council may want to
provide correct information to the voters before election time.
Richard Jennings Richard Jennings, 1616 E. Greenville Drive, presented the
differences in salaries and benefits between the City's pay structure and
the County's for Firefighter, Engineer, and Captain. It was evident
from his figures that the County of Los Angeles pays a considerably
higher salary than West Covina.
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Council Minutes of 9/2/97
Brad McFadden Brad McFadden, 620 Shasta Street, argued for local control
and expounded on the reasons why the citizens should vote to keep fire
services under the auspices of the City.
Audrey Lynberg Audrey Lynberg, 1311 Golden Vista Drive, chairman of
BEST, related that the committee has already begun to seek
• contributions in its efforts to oppose the ballot measure. She read
some of the notes they have received from contributors. Most of the
comments favored retaining local control of the fire department,
although some comments received favored the firefighters' efforts.
Iris Delameter Iris Delameter, 1212 W. Ecketman, was concerned that there
was not enough information available at this time for voters to make a
clear choice at the ballot box. She posed several questions that would
help, such as: a) what can the City negotiate for when the County uses
a standard contract, b) if using the County is supposed to be better,
what will the City get over and beyond the standard contract
provisions, c) will there be a performance clause, and d) when and how
will the City's firefighters and equipment be used for calls outside the
City.
City Attorney Marlyn clarified that the ballot measure will be preceded
by an impartial analysis. The portions that Mr. Johnson read from were
taken from the City Attorney's summary of the initiative which in itself
is ambiguous and undefined.
City Manager Starbird noted that several questions posed by the
audience were addressed in the City Manager's and Fire Chief s report
to the Council acknowledging the vagueness inherent in the proposed
ordinance.
Council Discussion Councilmember Herfert noted that people sign petitions for various
reasons and no one that he has talked to is in favor of transferring fire
services to the County. The results of the petition do not necessarily
reflect the outcome of the election. He favored placing the matter
before the voters on December 9.
Mayor Pro Tern Melendez stated that he would not like to see the City
give up control over the Fire Department. The City has five fire
stations that serve the City very well and would not like to see that
changed. He too favored December 9.
Councilmember Touhey stated he was opposed to this from the start.
He noted that the firefighters' claim that transferring to the County
would save money doesn't add up, doesn't make sense. He was
shocked at the difference in salaries and said this is really about more
money for the firefighters, not better service for the community.
Councilmember Howard commented that she has faith in the voters of
West Covina and when the information is put forth to them, they will
make the right decision.
. Mayor Wong supported placing this before the voters at a special
election. He commenced Council discussion on the necessary decisions
to be made at this point for the calling of a special election. The con-
clusions are as follows:
Special Election: 12/9/97 Council concurred on setting December 9, 1997 as the special election
date.
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Council Minutes of 9/2/97
Ballot Wording Council concurred on the following ballot wording:
. "Shall the ordinance directing the City Council to eliminate the
West Covina Fire Department and to transfer City fire and emergency
medical services to Los Angeles County be adopted?"
Ballot Argument Council concurred that the City Council, as the legislative body, would
author the argument in opposition to the ballot measure. By law,
arguments cannot exceed 300 words and the deadline for submittal to
the City Clerk is September 15.
Rebuttals Permitted Council concurred that rebuttal arguments would be permitted. By
law, the rebuttal arguments cannot exceed 250 words and the deadline
for submittal to the City Clerk is September 25.
City Clerk presented:
Resolution 9487 - RESOLUTION NO. 9487 - A RESOLUTION OF THE
Measure B - 12/9/97 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION ON TUESDAY, DECEMBER
9, 1997, FOR THE SUBMISSION OF A PROPOSED ORDINANCE
Motion by Howard and seconded by Herfert to waive further
reading of the resolution and adopt. Motion carried 5-0.
Resolution 9488 - RESOLUTION NO. 9488 - A RESOLUTION OF THE
Requesting election services CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
DECEMBER 9, 1997
Motion by Howard and seconded by Touhey to waive further
reading of the resolution and adopt.
Recess Mayor Wong called a recess at 9:45 pm. Council reconvened at 10:03
pm with all members present.
Resolution 9489 - RESOLUTION NO. 9489 - A RESOLUTION OF THE
Argument CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE
Motion by Howard and seconded by Touhey to waive further
reading of the resolution and adopt, authorizing the City Council to
author an argument in opposition to Measure B. Motion carried 5-0.
Resolution 9490 - RESOLUTION NO. 9490 - A RESOLUTION OF THE
Permitting Rebuttals CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 5-0.
Election Costs Motion by Herfert and seconded by Touhey to appropriate $80,000
from General Fund reserves for the December 9 special election costs.
Motion carried 5-0.
CONSENT CALENDAR Written Communications (none received)
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Council Minutes of 9/2/97
GP 97311 -
H. M. Carpet
Commissions/Summary of Actions (receive & file)
Personnel 8/13/97
Planning 8/26/97
Waste Mngt/Environmental Quality 8/21/97
Temporary Use Permits (receive & file)
TUP #2408-97 was issued to Dearborn Construction at Eastland
Center Drive (Lucky's Grocery Store) for a temporary construction
trailer from 7/10/97.
Acceptance of Improvements/Release of Bonds
Location: City Hall
Recommendation is to. accept carpet and paint improvements in
Finance, Planning, and Building/Engineering Departments and release
Reliance National Indemnity Company Bond No. P2725538 in the
amount of $19,198.43, subject to Notice of Completion procedures.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of August 19, 1997.
Miscellaneous - Environmental Services:
USEPA Draft Municipal Solid Waste Settlement Policy
USEPA Settlement Policy Recommendation is to ratify the August 20, 1997 letter of support sent
by the City Manager and authorize the Mayor to send a letter of
support on behalf of the City Council.
BKK Quarterly Report on Landfill Activities -April to June 1997
Recommendation is to receive and file the report.
Los Angeles County Countywide Integrated Waste Management
Summary Plan and Siting Element
LA Co. Summary Plan & Recommendation of the Waste Management & Environmental Quality
Siting Element Commission is to:
* Receive and file the Los Angeles County Countywide Inte-
grated Waste Management Summary Plan and Countywide Siting
Element; and
* Support efforts to obtain an integrated waste management plan
for the Los Angeles County and the San Gabriel Valley.
Used Oil Block Grant
Used Oil Block Grant Recommendation is to authorize the Environmental Services Director
to execute a contract with J. Michael Huls, REA to provide services to
implement the City's used OR Recycling program for an amount not to
exceed $20,000 to be paid from the City's Used Oil Block Grant.
Miscellaneous - City Manager's Office:
Agreement with Chamber of Commerce for Use of Glendora Avenue
Parking Lot for Street Festival
Farmers' Market/Street Festival Recommendation is to approve the use agreement with the Chamber of
Commerce of West Covina for the West Covina Street Festival (re
. Administrative Use Permit No. 6).
Miscellaneous - Communications:
Purchase of Portable Radios for the Fire Department
Fire Dept. Portable Radios - Recommendation is to waive formal bidding procedures and authorize
Motorola the purchase of five (5) portable radios from the Los Angeles County
contract with Motorola, at a cost not to exceed $12,000.
Council Minutes of 9/2/97
•
CONSENT CALENDAR MOTION Motion by Herfert and seconded by Howard to approve all items listed
on the Consent Calendar, except: B-6b (BKK Quarterly Report) and
B-6e (Street Festival). Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSENT: None
Item B-6b Councilmember Howard noted that the BKK Quarterly Report did not
include agreement to the USEPA's accelerated schedule and under the
terms of the 3008(h) Order, both BKK and the USEPA must agree to
it. She suggested that the City communicate to both that the City
wants to see it in the next quarterly report.
Motion by Touhey and seconded by Melendez to receive and
file the staff report and to approve Councilmember Howard's
suggestion. Motion carried 4-0-1 with Herfert abstaining (conflict of
interest).
Item B-6e Mayor Wong stated that he would abstain on this matter due to conflict
of interest laws, as he owns property on Glendora Avenue where the
Farmers' Market/Street Festival is planned. Mayor Pro Tern
Melendez stated that he too would abstain on this item due to conflict
of interest laws as he serves on the Chamber Board ofDiretors.
Motion by Howard and seconded by Touhey to approve the
agreement with the Chamber of Commerce for the West Covina Street
Festival. Motion carried 3-0-2 with Wong and Melendez abstaining.
PUBLIC WORKS No reports for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES No reports for this meeting.
COMMUNITY SERVICES
PUBLIC SAFETY
No reports for this meeting.
No reports for this meeting.
ADMINISTRATIVE SERVICES PERSONNEL SERVICES
TRANSMISSION OF RESOLUTION OF INTENTION TO
AMEND THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS) AND THE CITY OF WEST
COVINA FOR MISCELLANEOUS (Non -Safety) EMPLOYEES
PERS Option 20903 Council reviewed the staff report.
Motion by Herfert and seconded by Touhey to adopt a
Resolution of Intention to amend the City's contract with PERS to add
PERS Option 20903, "Two Years Additional Service Credit." Motion
carved 5-0.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 10:17 pm to
convene the Redevelopment Agency meeting. The City Council
meeting reconvened at 10:22 pm with all members present.
Council Minutes of 9/2/97
w
CITY MANAGER'S OFFICE STATUS REPORT REGARDING THE HURST RANCH
HISTORICAL FOUNDATION
Council reviewed the staff report.
Motion by Touhey and seconded by Herfertto receive and file
the status report. Motion carried 5-0.
APPROVAL OF DEMANDS Motion by Melendez and seconded by Herfert to approve Demands
totaling $978,911.29 as listed on check registers FI 172032 through
172314. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS DESIGNATION OF VOTING DELEGATES TO
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
Council reviewed the staff report.
Motion by Touhey and seconded by Melendez to designate
CouncUmember Howard as the voting member and Mayor Pro Tern
Melendez as the alternate for the League of California Cities annual
business meeting. Motion carried 5-0.
Mayor Wong reported on the recent Elks telethon on KCET that
successfully raised $40,000.
COUNCILMEMBERS' REPORTS Councilmember Touhey explained his concerns regarding sewer credits
through the Sanitation District. Council concurred on requesting staff
to report back to Council on any actions staff takes in the next couple
of weeks after looking into the matter.
ADJOURNMENT Motion by Herfert and seconded by Howard to adjourn the meeting at
10:32 pm. Motion carried 5-0.
Attest:
V J
City Clerk Janet Berry
c
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