10-06-1998 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 6, 1998
• The regular meeting of the West Covina City Council was called to order at 7:30 pm by Mayor
Melendez in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager
Hobbs gave the invocation and Acting Assistant City Manager Collier led the Pledge of Allegiance.
ROLL CALL Mayor Melendez, Mayor Pro Tern Herfert, Councilmembers
Howard and Touhey
Absent: Councilmember Wong
Others Present: Hobbs, Collier, Pidgeon, Lennard, Panas, Lantz, Mayer, Ellis,
Schimanski, Samaniego, Keating, Irwin, Paul, Yauchzee, Tucker,
Fong, Martyn, Miyasato, Collins, Bommarito, Greene, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of September 14, 1998
Special meeting of September 15, 1998
Special meeting of September 22, 1998 (closed session)
Special meeting of September 22, 1998 (Council priorities)
Special meeting of September 29, 1998
PROCLAMATIONS Mayor Melendez presented a proclamation to Marietta Palmer,
Chair of the Senior Citizens Commission, in support of the United
Nations' International Year of Older Persons.
Mayor Melendez proclaimed October 4 through October 10 as
FIRE PREVENTION WEEK and presented the proclamation to
Fire Chief Greene.
Mayor Melendez proclaimed October 23 through October 31 as
RED RIBBON WEEK and presented the proclamation to Steve
Fish (Superintendent of West Covina Unified School District), Lt.
John Schimanski (West Covina Police Department), and Mario
Ramero (President of Sunrise Rotary).
HEARING APPEAL OF PLANNING COMMISSION ACTION —
TENTATIVE PARCEL MAP NO. 25106
CATEGORICAL EXEMPTION
Applicant/Appellant: Joseph & Inez Eichenbaum Foundation
Location: 3041 to 3211 E. Garvey Avenue ("Restaurant Row")
Tentative Parcel Map 25106 Mayor Melendez explained that the purpose of the hearing was to
• consider an appeal of the Planning Commission's action of 8/25/98
to deny Tentative Parcel Map No. 25106. The project consists of a
proposal to subdivide an 11.5-acre site into eight lots ranging from
0.73 acres to 1.88 acres, largely along existing property and
leasehold lines.
City Clerk Berry verified the affidavit of publication and stated
that notices were provided to the property owners within the
project area. One of the parties effected in the matter, Mr.
Council Minutes of 10/6/98
•
•
Alhassen, was notified at one of his business addresses, but not the
other. At this point, it is no longer an issue with Mr. Alhassen.
Mayor Melendez opened the hearing and the staff report was pre-
sented by Acting Planning Director McIsaac. He noted that the
applicant has agreed to three added conditions reflected in the
proposed resolution. In addition, the applicant and adjacent
property owner (Mr. Alhassen) have agreed upon an amendment
that shall be executed and recorded prior to the recordation of the
parcel map.
Public Testimony Mayor Melendez asked for comments in favor of the project.
Mr. Arnold Magasinn, representing the Eichenbaum Foun-
dation, spoke in favor.
Mayor Melendez asked for comments in oppositions. No one else
Testimony closed addressed the City Council and the public testimony portion of the
hearing was closed.
City Clerk presented:
Resolution 9621 - Resolution No. 9621 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP N0. 26106, as
amended
Motion by Herfert and seconded by Touhey to waive
further reading of the resolution and to adopt. Motion carried 4-0.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Community Services 9/8/98
Senior Citizens 9/10/98
Planning 9/22/98
Waste Mgmt/Environmental Quality 9/17/98
Approval of Final Map (adopt resolution)
Quitclaim Deeds for Location: slope and drainage channel adjacent to the development
Parcel Map No. 24881 of Parcel Map No. 24881.
RESOLUTION NO. 9622 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE EXECUTION OF A CORPORATION
QUITCLAIM DEED IN FAVOR OF THE VILLAGE OF EAST
HILLS, A CALIFORNIA LIMITED PARTNERSHIP
Temporary Use Permits (receive & file)
TUP #2470-98 was issued to West Covina Toyota at 1800 E.
Garvey for a tent sale from 9/17/98 to 10/5/98.
TUP #2472-98 was issued to ESGV Japanese Community Center
at 1203 W. Puente for their Fall Festival on 10/3/98.
TUP #2476-98 was issued to Wells Fargo Bank at 1000 Lakes
Drive for a company breakfast on 9/23/98.
TUP #2477-98 was issued to St. Christopher Church at 629 S.
Glendora for an annual fiesta on 10/2/98 to 10/4/98.
Acceptance of Improvements/Release of Bonds
SP 97102 - Recommendation is to accept off -site improvements and release
Ruiz Construction Washington International Insurance Company Bond No. S-
6004424 in the amount of $219,892.00, subject to Notice of
Completion procedures.
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Council Minutes of 10/6/98
Ordinance for Adoption (waive reading.& adopt)
Ordinance 2020 - ORDINANCE NO. 2020 — AN ORDINANCE OF THE
re food establishments CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ADOPTING BY REFERENCE LOS ANGELES
COUNTY ORDINANCE NO. 97-0071 RELATING TO THE
• OPERATION OF FOOD ESTABLISHMENTS
Award of Bids
GP 99301 — Shooting Range Refurbishment
GP 99301 - Recommendation is to accept the only bid received on September
Caswell Detroit Armor Co. 28, 1998, from Caswell Detroit Armor Company, Minneapolis, in
the amount of $61,676.00 and authorize the Mayor and City Clerk
to execute the contract.
GP 99310 — Fire Station No. 5 New Overhead Door
GP 99310 - Recommendation is to accept the bid of Southern California Over -
So. Calif. Overhead Door Co. head Door Company, El Monte, in the amount of $13,850.00 as
submitted at the bid opening of September 28, 1998, and authorize
the Mayor and City Clerk to execute the contract.
Purchase of One Vehicle
1998 Pontiac Transport - Recommendation is to authorize the purchase of a 1998 Pontiac
Reynolds Buick GMC Truck Transport for the City Manager from Reynolds Buick GMC Truck,
Inc., Covina, as described in the Dealer's quote, dated September
39, 1998.
Miscellaneous — City Clerk's Office
Biennial Review of the City's Conflict of Interest Code
Recommendation is to approve the City's 1998 amended Conflict
of Interest Code.
Miscellaneous — Communications
Purchase of Replacement Radio System Repeaters
Radio System Repeaters - Recommendation is to take the following actions:
Motorola a) Find that the use of the County of Los Angeles' contract
with Motorola eliminates the need for a formal bid process; and
b) Authorize staff to purchase,, from the Equipment Replace-
ment Account, three UHF radio repeaters (including installation
and replacement of associated antennae and all transmission lines)
from Motorola at a cost not to exceed $56,098.96.
Miscellaneous — Community Services
Aoaroval to Sell Alcoholic Beveraee at Hurst Museum Fundraiser
Recommendation is to approve the sale of alcoholic beverages at
the Hurst Ranch on November 8, 1998, for the Hurst Ranch
Historical Foundation's Sunday Supper at the Barn fundraiser.
Miscellaneous — Police Department
Completion of the 1996/98 Bureau of Justice Assistance Grant
Transfer ofBJA interest earned Recommendation is to authorize the appropriation of $2,030.49
(interest earned from the 1996/98 LLEBG Grant) into Fund 130-
304-2144-5113.
• Jail Food Service Refrigerator
Auerbach & Associates Recommendation is to authorize the purchase of a Continental
commercial refrigerator and freezer totaling $5,297.39 from
Auebach & Associates, North Hollywood.
Miscellaneous — Finance
401(al Retirement Plan Substitution for PERS Retirement Plan
Recommendation is to take the following actions:
Council Minutes of 10/6/98
•
GP 98306 -
Relocate water line
a) Authorize the Deferred Compensation Committee of staff
to establish a deferred compensation plan.under Internal Revenue
Code § 401(a);
b) Designate the 401(a) deferred compensation plan as a
replacement retirement plan solely for the City Manager;
c) Direct the City Attorney to amend the City Manager's
contract to exclude reference to PERS retirement and substitute
contributions of 12.594% of salary to the City's deferred compen-
sation plan under § 401(a);
d) Adopt a resolution creating a 401(a) plan;
e) Authorize ICMA as the 401(a) plan administrator;
f) Authorize the Finance Director, as Chair of the Deferred
Compensation Committee, to negotiate a trust agreement with
ICMA for administration of the 401(a) defined contribution
retirement plan.
Miscellaneous — Public Works
GP 98306 — Authorization of Additional Costs for Seismic
Strengthening of Civic Center Parking Structure
Recommendation is to authorize the payment of $49,338.00 to
Suburban Water Systems as a deposit against the actual project
costs to relocate the water line and direct staff to pursue reimburse-
ment from Federal Emergency Management Agency (FEMA) for
seventy-five percent of the actual cost.
Miscellaneous — Environmental Management
L.A. Countywide Household Hazardous Waste Collection Day
" Roundup") at the City Maintenance Yard
Recommendation is to receive and file the wrap-up report.
Electric Vehicle Corridor Communities Grant Program
Recommendation is to receive and file the status report.
City Manager Hobbs requested Item B-8f (401(a) Retirement Plan)
be held over to obtain additional information.
CONSENT CALENDAR MOTION Motion by Herfert and seconded by Howard to waive further
reading of the ordinancelresolutions and adopt, and to approve all
other items listed on the Consent Calendar with the exception of
Item B-8f. Motion carried by roll call vote:
AYES: Herfert, Howard, Touhey, Melendez
NOES: None
ABSENT: Wong
PUBLIC WORKS
No reports for this meeting.
ENVIRONMENTAL MANAGEMENT
U.S. EPA's PROPOSED GROUNDWATER STATEMENT
OF BASIS FOR THE BKK LANDFILL
US EPA - Environmental Management Director Samamego presented the
Groundwater at BKK staff report and responded to Council questions and comments. He
stated that Special Counsel Colin Lennard and the City's
consultant from Dresser & McKee, Wayne Pickus, are present to
answer more technical questions.
Special Counsel Lennard addressed potential institutional
controls that could be imposed by either the City or the EPA.
The following speakers addressed Council:
Ron Gastelum Ron Gastelum, General Counsel of BKK Corporation,
stated that BKK has worked for many years to get to this point
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Council Minutes of 10/6/98
where a containment plan is now before the EPA. He submitted a
letter for the record summarizing his comments.
John Shewmaker John Shewmaker, 1825 Borrego Street, felt containment
programs just don't work and recommended Council approve the
cleanup of the contaminated groundwater.
Jean Arneson Jean Arneson, 1116 Donna Beth, urged Council to pursue
• groundwater cleanup for several reasons.
Mike Miller Mike Miller, 735 E. Herring Avenue, was pleased to hear
BKK's Ron Gastelum state that BKK wants to get accurate infor-
mation out to the community. He noted that the issue is not before
the residents who need to understand it first hand. • There was not
enough notification by the EPA regarding the two community
meetings.
Royal Brown Royal Brown, 2153 Aroma Drive, urged citizens to get
involved to understand the effects of the BKK issues on them. He
urged Council to seek cleanup as the first plan of action.
Special Counsel Lennard noted that discussion has been held
regarding three options. He clarified the fourth option, as
recommended in the Camp Dresser & McKee report and City staff.
The fourth option differs significantly from the three options set
forth by the EPA. That is, both the consultant and City staff' agree
that there is not enough information as a result of the EPA's State-
ment of Basis. Move forward with the installation of the 54 wells
as a first phase and then in about twelve months, come back with
the additional information to go forward with cleanup. That way
another Statement of Basis will have to come back with the
missing information.
Council discussion Mayor Pro Tem Herfert attended the community meetings at which
EPA invited the public to attend. He agreed with Mr. Miller that
public notice was not up to the standards that the City uses for
public meetings. He noted that the City does not have a lot of
authority over this matter. The City Council can make recommen-
dations to the EPA, but what they eventually do is up to them.
He felt the City can take an active role informing the
citizens of this issue via the City's newsletter and that EPA be
informed of the following City positions: a) the City has a real
concern about the health and safety of the neighborhoods, b) the
City would like to see containment of the site begin immediately,
c) the City would like to cleanup as a phase of the containment
process.
The other Councilmembers concurred with Mayor Pro Tem
Herfert's comments. In addition, Councilmember Howard sug-
gested residents take advantage of any upcoming meetings and feel
free to write to the Congressional Oversight Committee, members
of Congress who directly impact the actions and progress of the
EPA. She has the name and addresses of the members of that
committee.
Motion Motion by Herfert and seconded by Howard to:
1) request of the EPA a notification that the health and safety of
West Covina is clean and safe,
• 2) support the containment of the groundwater pollution, whether
that be on -site wells or off -site wells,
3) support the cleanup of the groundwater pollution, and
4) request a determination of the west side pollution and a proposal
for its cleanup.
Councilmember Touhey suggested that Supervisor Gloria
Molina be advised as well, as the BKK issues affect her
constituents as well as West Covina residents.
Motion carried 3-0-1 with Howard abstaining.
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Council Minutes of 10/6/98
Recess Mayor Melendez called a recess at 8:52 pm. The City Council
reconvened at 9:03 pm with all members present, except Council -
member Wong.
• The following item was moved forward in deference to the number
of people in the audience interested in addressing Council.
CITY MANAGER
LEASE EXTENSION FOR THE VALENCIA HEIGHTS
WATER COMPANY — CITRUS PROPERTY
Valencia Heights Water Co.
Acting Assistant City Manager Collier presented the staff report.
The following individuals addressed the City Council, each one
supporting the City's intention to purchase the site and maintain
the equestrian center and baseball facility:
Larry Lyford
Larry Lyford, 300 S. Citrus
John King
John King, 300 S. Citrus
Shelley Sanderson
Shelley Sanderson, 2743 Vanderhoof Drive
Kathryn Dantas
Kathryn Dantas,1135 W. Venton Street, San Dimas
Cameron Saylor
Cameron Saylor, 2044 Cameo Vista Drive
Alan Carrico
Alan Carrico, 2937 E. Mesa Drive
Tina Clippinger Peratt
Tina Clippinger Peratt, 737 Quail Valley Lane
Douglas DeFrates
Douglas (Duke) Defrates, 188 N. Sunkist Avenue '
Bill Haaker
Bill Haaker, 2320 N. Cameron Avenue
Michael Viera
Michael Viera, 6139'/2 Dennison Street, L.A.
Jan Rainey
Jan Rainey, 2807 E. Vanderhoof Drive
Ashley Carrico
Ashley Carrico, 2937 E. Mesa Drive
-
Mayor Melendez referred to a petition that had been circulating in
support of retaining the two facilities with approximately 200
signatures. He also noted that the following three individual
indicated their support as well, but did not wish to speak at the
podium:
Tony Medrano, 1841 W. Puente Avenue
Jerry Lowrance, 2755 Vanderhoof Drive
Sandy Lowrance, 2755 Vanderhoof Drive
Council Action Motion by Touhey and seconded by Herfert to authorize the Mayor
to execute the extension to the Land Lease with Valencia Heights
Water Company subject to the terms in the agreement. Motion
carried 4-0.
Because the following item relates to the same subject as above,
Mayor Melendez moved it forward for action at this time.
COUNCIL DIRECTION FOR NEGOTIATION OF POTEN-
TIAL LAND PURCHASE FROM VALENCIA HEIGHTS
WATER COMPANY
Purchase of Citrus property Mayor Pro Tern Herfert reviewed this matter as he had requested it
to be placed on the Agenda.
Motion by Herfert and seconded by Touhey to authorize
staff to make a $450,000 offer for the purchase of the Citrus
property. Motion carried 4-0.
• Mayor Pro Tem Herfert stated that the subcommittee would
continue to meet on this issue and will make periodic reports back
to Council.
Status of Rose Float Fundraisers Councilmember Touhey reported on the success thus far of the
Rose Float Fundraising Committee. Total contributions have
reached $50,000.
Council Minutes of 10/6/98
George Ogden, Fundraising Chair, addressed Council and
the audience and introduced several fundraising items and events
scheduled for the near future.
Mayor Melendez reminded the audience that signups for
decorating the float are being handled through the Community
• Services Department at 814-8430.
REDEVELOPMENT AGENCY Mayor Melendez recessed the City Council meeting at 9:48 pm to
convene the Redevelopment Agency. The City Council
reconvened at 10:00 pm with all members present, except Council -
member Wong.
COMMUNITY SERVICES
PUBLIC SAFETY
No reports for this meeting.
No reports for this meeting.
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY CLERK'S OFFICE INITIATING THE MARCH 2, 1999 GENERAL MUNICIPAL
City Clerk Berry presented the staff report. Upon conclusion of
Council questions, she presented:
Resolution 9623 - RESOLUTION NO. 9623 — A RESOLUTION OF THE
Calling the Election CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 2, 1999, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA PERTAINING TO
GENERAL LAW CITIES
Resolution 9624 - RESOLUTION NO. 9624 A RESOLUTION OF THE
Requesting County services CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 2, 1999
Resolution 9625 - RESOLUTION NO. 9625 — A RESOLUTION OF THE
Candidate Statements CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT THE
MARCH 2, 1999 GENERAL MUNICIPAL ELECTION
Resolution 9626 - RESOLUTION NO. 9626 — A RESOLUTION OF THE
• Recounts & Tie Votes CITY COUNCIL OF THE CITY .OF WEST COVINA, CALI-
FORNIA, PROVIDING FOR AUTOMATIC RECOUNT AND A
SPECIAL RUN-OFF ELECTION IN THE EVENT OF A TIE
VOTE AT ANY MUNICIPAL ELECTION
Motion by Howard and seconded by Touhey to waive
further reading of the resolutions and adopt. Motion carried 4-0.
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Council Minutes of 10/6/98
•
CITY MANAGER FINAL FY 1998/99 BUDGET
Finance Director Tucker presented the final budget with a power -
Final FY 98/99 Budget point presentation. Council commended her on a fine report.
Motion by Herfert and seconded by Touhey to receive and
file the Final 1998/99 Budget, as presented, and to approve the
reallocation of appropriations identified in the staff report.
PROPOSITION 9 — CITY COUNCIL POSITION
Mayor Pro Tent Herfert stated that he would abstain from the dis-
cussion and vote on this matter, due to conflict of interest laws.
Prop 9 — Oppose Administrative Analyst Pidgeon presented the staff report.
Mr. Jerry Silva, Southern California Edison Area Manager,
addressed Council with a request that the Council oppose
Proposition 9 in concert with a multitude of other agencies.
Councilmember Howard agreed with taking a position of
opposition.
Motion by Touhey and seconded by Melendez that the City
Council go on record as opposing Proposition 9, an initiative on
the November 3`d ballot. Motion carried 3-0-1 with Herfert
abstaining.
LEASE EXTENSION FOR THE VALENCIA HEIGHTS
WATER COMPANY — CITRUS PROPERTY
Council considered this item earlier in the meeting.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve Demands
totaling $1,749,306.89 as listed on check register numbers 180686
through 181073. Motion carried by roll call vote:
AYES: Herfert, Howard, Touhey, Melendez
NOES: None
ABSENT: Wong
ABSTAIN: Touhey re Community Food Bank
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS NOMINATION OF MAYOR RICHARD MELENDEZ TO
THE WATER QUALITY AUTHORITY BOARD
Council reviewed the staff report.
City Clerk presented:
Resolution 9627 - RESOLUTION NO. 9627 — A RESOLUTION OF THE
appointing Melendez CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, NOMINATING MAYOR RICHARD MELENDEZ TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL
BASIN WATER QUALITY AUTHORITY
Motion by Touhey and seconded by Herfert to waive
further reading of the resolution and adopt. Motion carried 4-0.
COUNCILMEMBERS' REPORTS
VOTING DELEGATES FOR NATIONAL LEAGUE OF
CITIES —1998 ANNUAL CONGRESS
National League of Cities Council reviewed the staff report.
Congress in Kansas City Motion by Touhey and seconded by Melendez to designate
Mayor Pro Tern Herfert as voting delegate and Councilmember
Howard as alternate to the National League of Cities Annual
Business Meeting and Congress. Motion carried 4-0.
Council Minutes of 10/6/98
•
ADJOURNMENT
Attest:
City'Clerk, Janet Berry
POTENTIAL LAND PURCHASE FROM VALENCIA
HEIGHTS WATER COMPANY
The Council considered this item earlier in the meeting.
Motion by Touhey and
meeting, with prayers and
10:30 pm. Motion carried
Mayor
seconded by Howard to adjourn the
gogfi wishes to the City of Riverside, at
0J