12-01-1998 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 1, 1998
The regular meeting of the West Covina City Council was called to order at 7:42 p.m. by
Mayor Melendez in the City Hall Council Chambers, 1444 West Garvey Avenue, West
• Covina, California. The invocation was delivered by City Manager Hobbs and the Pledge of
Allegiance was led by Councilmember Howard.
ROLL CALL Mayor Melendez, Mayor Pro Tem Herfert,
Councilmembers Howard, Touhey, Wong
Others Present Hobbs, Fields, Buchanan, Collier, Fong, Tucker, Paul,
Samaniego, Lantz, Heieck, Schimanski, Wills,
Bommarito, Mayer, Witt, Johnson, Kim, Francis,
McIsaac
i
APPROVAL OF MINUTES The minutes of the special meeting of November 17, 1998
were approved as presented.
PRESENTATIONS Citrus Municipal Court Judge Rolf Treu administered the
Oath of Office to Newly -appointed Police Chief Frank
Wills.
City Manager Hobbs introduced new Assistant City
Manager Artie Fields.
Mike Miller of the Rose Parade Float Committee gave an
update on the fundraising efforts for the Rose Parade
Float.
Environmental Management Director Steve Samaniego
and Analyst Diann Nelson -Paul presented certificates and
medals to the following winners of the Used Oil Recycling
Calendar Contest:
Monte Vista School
Melissa Salcedo
Angel Diaz
Merlinda School
Yurika Montoya
Alisha Bustamante
Johnathon Delacruz
Andrew Ramirez
Wescove School
Caesare N. Leal
Adrian Navarro
Cameron School
Lissette Aragon
Immanuel First Lutheran School
Lauren Grajeda
• Melanie Togo
Raquel Martinez
Rohnda Alexander - Grand Prize Winner
Mayor Melendez requested a moment of silence in
memory of fallen LAPD Officer Brian Brown.
HEARINGS . No hearings were scheduled for this meeting.
City Council Minutes
December 1, 1998
Mayor Melendez removed Item B-8d from the Agenda to be considered at a later date.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Community Services 11/10/98
Senior Citizens' 11/12/98
Waste Mgmt./Env. Quality 11/19/98
Claims for Action (deny & notify claimant)
Linda Malcor vs City of West Covina _
On September 16, 1998, the City Clerk's Office received
a claim for property damages amounting to $1,837.00.
Donald McMahon vs City of West Covina
On September 3, 1998, the City Clerk's Office received a
claim for property damage. The amount had not been
determined at time of presentation.
Melvin Duncantel vs City of West Covina
On August 21, 1998, the City Clerk's Office received a
claim for monetary loss in the amount of $4,937.00.
Temporary Use Permits (receive & file)
TUP #2485-98 - Valley Imaging Partnership at 1250
South Sunset Avenue, for open house (tent) on 11/12/98.
TUP #2489-98 - Faith Community (Pamela Hanson) at
1211 Badillo Street, for Christmas tree lot on 11/27/98 to
12/25/98.
TUP #2490-98 West Covina Environmental
Management at 1540 East Amar Road (Pep Boys), for oil
recycling with radio promotion on 11/14/98.
Approval of Final Maps (adopt resolution)
Lot Line Adjustment No. 135 - Valencia Heights Water
Company and Pauline Maxwell
Recommendation is to accept adopt the following
resolution entitled:
RESOLUTION NO. 9639 - A RESOLUTION OF
Resolution 9639 - THE CITY COUNCIL OF THE CITY OF WEST
Lot Line Adjustment No. 135 COVINA, CALIFORNIA, APPROVING LOT LINE
ADJUSTMENT NO. 135 AND DIRECTING THE
RECORDATION THEREOF. (VALENCIA HEIGHTS
WATER COMPANY AND PAULINE MAXWELL)
Award of Bids
Award of Bid #99-001 - Radio Systems Maintenance
Agreement
Bid #99-001 Recommendation is to award Bid #99-001 for maintenance
• Advanced Electronics of the City's radio equipment to Advanced Electronics of
Gardena, California, for a period of two years
commencing January 1, 1999, at a current cost of $2,734
per month, and authorize the Mayor to sign the
agreement.
Ordinances for Adoption (waive reading & adopt)
Recommendation is to adopt the following ordinances:
Ordinance 2025 - ORDINANCE NO. 2025 - AN ORDINANCE OF
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City Council Minutes
December 1, 1998
Code Amendment No. 282 THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE TO REQUIRE A
CONDITIONAL. USE PERMIT FOR HOTELS WITHIN
THE CITY OF WEST COVINA (CODE AMENDMENT
• NO. 282).
Ordinance 2026 - ORDINANCE NO. 2026 - AN ORDINANCE OF
Zone Change No. 660 THE CITY COUNCIL OF THE CITY OF WEST
COVINA, . CALIFORNIA, APPROVING ZONE
CHANGE NO. 660 (RITE AID PHARMACY).
Miscellaneous - Finance Department
Surplus Property
Resolution 9640 - Recommendation is to adopt the following resolution:
Surplus Property RESOLUTION NO. 9640 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DECLARING CERTAIN
CITY PROPERTY AS SURPLUS.
Miscellaneous - Environmental Management
Evaluation of the Cal -EPA Office of Environmental
Health Hazard Assessment Documents Pertinent to the
April 1996 BKK Landfill Health Risk Assessment Study
of Vinvl Chloride Emissions
Recommendation is to receive and file the report
Miscellaneous - Personnel/Risk Management
Approval of Amended Independent Cities Risk
Management Authority (ICRMA) Joint Powers
Agreement; Approval of the Admittance of the City of
Chino to Membership in the ICRMA; and, Appointment .
of Representatives to the ICRMA and the Separate Risk
Management Programs
Resolution 9641 - Recommendation is to adopt the following resolution:
ICRMA RESOLUTION NO. 9641 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, APPROVING AN AMENDMENT TO THE
JOINT EXERCISE OF POWERS AGREEMENT FOR
INSURANCE AND RISK MANAGEMENT PURPOSES;
APPROVING THE ADMITTANCE OF THE CITY OF
CHINO TO MEMBERSHIP IN THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY; AND
APPOINTING REPRESENTATIVES TO THE
INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY AND THE SEPARATE RISK
MANAGEMENT PROGRAMS.
Acceptance of Improvement and/or Release of Bonds
Project No. PP-98203 - Sports Facility Upgrade at Del
Norte Park and West Covina High School - Whelan
Construction
PP-98203 - Recommendation is to accept on -site improvements and
Whelan Construction authorize release of Ranger Insurance Co. of Delaware,
Bond No. RICO231626, in the amount of $63,742.00,
subject to Notice of Completion.
CONSENT CALENDAR Motion by Touhey, seconded by Herfert to waive further
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City Council Minutes
December 1, 1998
MOTION reading of the ordinances/resolutions and adopt, and to
approve all items listed except Item B-5 (Lot Line
Adjustment No. 135). Motion carried by roll call vote:
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
Item B-5 Councilmember Wong noted that he would abstain from
the vote on this item due to a conflict of interest.
Motion by Touhey, seconded by Herfert to waive
further reading of the resolution and adopt. Motion
carried by roll call vote:
AYES: Herfert, Howard, Touhey, Melendez
NOES: None
ABSTAIN: Wong
Councilmember Touhey was excused at 8:12 p.m. to attend a speaking engagement.
PUBLIC SERVICES
Agreement with Environmental Science Associates for
Preparation of BKK Closure Plan I Development Plan
Environmental Impact Report and Health Risk
Assessment
BKK EIR &
Public Services Director Jeff Collier presented the staff
Health Risk Assessment
report. Mr. Collier introduced Wendy Lockwood of
Environmental Science Associates, and Mark Alpers of
SCS Engineers, whom he stated would be available to
answer Council questions.
Council discussion
Councilmember Wong asked for an explanation of
Biological Resource Assessment. He also inquired about
reviewing past data as opposed to conducting new studies
regarding health risks. Mr. Alpers responds with an
explanation.
Mayor Pro Tern Herfert asked how does Mr.
Alpers' EIR tie in with the EPA's groundwater
contamination remediation. Mr. Alpers responded that
any result from the EPA findings would be incorporated
with ESA's findings. Mr. Herfert also asked who would
hold the liability if something went wrong in the future.
Mr. Collier explained that the site will continue to be
monitored on a proactive basis to assure continued safety.
Councilmember Howard asked who will verify
what the delays will be in this study. Mr. Collier
responded that it will be the responsibility of city staff.
Ms. Howard also asked what would. the additional
$10,000 be used for. Mr. Collier responded that during
the study there may be additional studies needed that were
not included in the original scope of the study.
Motion by Howard, seconded by Wong to
authorize the City Manager to execute an agreement with
Environmental Science Associates for consulting services
associated with the preparation of an environmental
impact report and health risk assessment for the BKK
Class III Final Closure Plan/Final Post -Closure
•
Maintenance Plan and golf course/business park land use
entitlements in an amount not to exceed $345,600, with
the provision to authorize the Public Services Director to
approve additional work and expenses up to a maximum
of $10,000 as deemed necessary. Motion carried 4-0.
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City Council Minutes
December 1, 1998
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ENVIRONMENTAL MANAGEMENT
Athens Services Proposed Curbside Recycling. Proposal
Athens - Curbside Recycling Environmental Management Director presented the staff
report. Mayor Melendez called for questions from
Councilmembers.
Council discussion Councilmember Wong asked for an explanation of
the three -can system and the variable can rate. Mr. Wong
also asked what the additions were to the RFP.
Mayor Pro Tem Herfert wanted to know if staff
had the prices that Athens would charge for a three -can
system. City Manager Hobbs noted that this was the point
of the proposal.
Councilmember Wong noted that he feels that the
City needs some figures from Athens so that the
consultants would have concrete information on which to
base their findings.
Mayor Melendez stated that he feels that the City
needs to proceed with the existing RFP. He also noted
that he could not support a three -can system for this
community.
Councilmember Howard concurred with Mayor
Melendez, noting that the burden of the 50% waste
reduction is being put on individual households. She
added that if the consultant finds that the City can't meet
the 50% goal with the bin pickup, then she may
reconsider the three -can system.
Public comments Royall Brown, West Covina, favored the City obtaining a
firm set of prices for services from Athens before moving
forward with the RFP.
Mike Miller, West Covina, concurred with Mr. Brown,
noting that the economics of the rate structure provides the
incentive for the residents not to produce trash.
Further Council discussion Council engaged in additional discussion regarding
moving forward with the RFP as well as obtaining a firm
set of numbers from Athens. Mayor Melendez noted that
education reduces trash at the source and the City should
educate the citizens as such.
Council Motion Motion by Wong, seconded by Herfert to request Athens
Services to submit a new proposal with other alternatives
on variable can rates using a three -can system limited to
two collection vehicles; and move forward with the RFP.
Motion carried 3-1 with Melendez voting no.
RECESS
Mayor Melendez called a recess of the City Council meeting at 9:05 p.m. The City Council
reconvened at 9:22 with all members present except Councilmember Touhey.
COMMUNITY SERVICES No reports for this meeting.
PUBLIC SAFETY SERVICES Communications Department
Transfer of Ownership of Charter Communications Cable
Television (CATV) Franchise
CATV Franchise Communications Director Jack Keating presented the staff
Transfer of Ownership report accompanied by a PowerPoint presentation. Mr.
Keating noted that the new buyer (Microsoft co-founder
Paul Allen) has no experience in providing cable services
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City Council Minutes
December 1, 1998
•
Public comments
Mel Matthews
William Marticorena
Resolution 9642 -
Denying Transfer of CATV
REDEVELOPMENT
Small Business Development
Center
and no track record. Mayor Melendez then opened the
floor for public comments.
Mel. Matthews, Charter's Director of Government
Relations, said the company would continue to provide the
necessary service and experience in spite of the change in
ownership. He also stated that Mr: Allen's experience
was not relevant in this case.
William Marticorena, Rutan & Tucker, noted that all
attempts made to obtain information from Charter's
Counsel were to no avail.
After a short Council discussion, Deputy City Clerk
Buchanan presented:
RESOLUTION NO. 9642 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING WITHOUT
PREJUDICE THE APPLICATION OF CHARTER
COMMUNICATIONS, INC., KELSO INVESTMENT
ASSOCIATES, V, LP AND ITS AFFILIATES
CHARTER HOUSE GROUP INTERNATIONAL
(COLLECTIVELY "CHARTER") FOR A TRANSFER
OF CONTROL TO PAUL G. ALLEN OF THE
FRANCHISE GRANTED BY THE CITY AND
SETTING FORTH THE GROUNDS AND REASONS
THEREFORE.
Motion by Howard, seconded by Herfert to waive, further
reading of the resolution and adopt. Motion carried 4-0.
Approval of Contract for Professional Services and Use
Agreement with the Mount San Antonio Community
College District Small Business Development Center
(SBDC)
Interim Redevelopment Agency Director Raymond Fong
presented the staff report. The Council/Agency Board
expressed concerns regarding the concept of the program
and directed staff to explore other ways to assist the small
business community and bring back to the
Council/Agency Board at a later date.
Motion by Howard, seconded by Herfert to hold
this item over to a future meeting. Motion carried 4-0.
ADMINISTRATIVE SERVICES No reports for this meeting.
GENERAL ADMINISTRATION No reports for this meeting.
APPROVAL OF DEMANDS
& WIRE TRANSFERS
ORAL COMMUNICATIONS
Jim Mihalka
Motion by Herfert, seconded by Howard to approve the
following demands totaling $1,820,972.05.
Checks #181969 through #182212 totaling $763,200.32
Wire Transfers totaling $1,057,771.73
Motion carried by roll call vote:
AYES: Herfert, Howard, Wong, Melendez
NOES: None
ABSENT: Touhey
Jim Mihalka, .247
regarding incidents
services.
E. Edna Place, addressed Council
relating to the City's fire/paramedic
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City Council Minutes
December 1, 1998
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•
MAYOR'S REPORTS
Mayor Melendez updated the constituency on several
upcoming community events, including:
Tree Lighting Ceremony - 12/3/98, 6 p.m. - 9 p.m.
Fire Department Immunization Clinics
12/2, 12/5, 12/9, 12/16, and 12/23
City of West Covina Snow Extravaganza
12/12/98, 8 a.m. to 4 p.m.
Mayor also encouraged the citizens to take part in the
decorating of the Rose Parade Float, noting that Family
Day would be held on December 6, 1998.
COUNCILMEMBERS' REPORTS
Mayor Pro Tern Herfert Mayor Pro Tem Herfert requested the number of traffic
collisions at the intersection of Valinda and Vine Avenues.
Councilmember Howard Councilmember Howard requested staff take a look at the
keeping of homing pigeons for a future discussion.
CITY MANAGER'S ORAL REPORTS
City Manager Hobbs congratulated the Mayor on a feature
article published in the Los Angeles Times on November
30, 1998.
ADJOURNMENT Motion by Howard, secondedky Herfert to adjourn the
meeting at 10:33 p.m. Motion arried 4-0.
ATTEST:
City ClcWanet Berry
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