Loading...
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. 2 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 0 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. 5 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. 7 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