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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. 1 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. 2 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. 3 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) 4 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 7