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08-03-1999 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AUGUST 3, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:49 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City Manager Hobbs and the Pledge of Allegiance was led by Councilmember Touhey. ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmember Herfert, Touhey, Wong Others Present: Hobbs, Fields, Martyn, Collier, Greene, Tucker, Samaniego, Fox, Pullin, Kings, Yauchzee, Mayer, Pidgeon, Bommarito, Garcia, Wills, Chung, Schimanski, Clark, Briley, McDonald, Berry APPROVAL OF MINUTES The minutes of the special meeting of July 20, 1999 were approved as presented. PROCLAMATION Mayor Howard proclaimed August 1, 1999 as INTERNATIONAL FORGIVENESS DAY and presented the proclamation to Rev. Roger Juline of the East San Gabriel Valley Church, Covina. HEARING RECORD OF COST OF ABATEMENT HEARING- 734 NORTH HYACINTH AVENUE Mayor Howard explained that on July 6 , an unmaintained pool was determined to represent a threat to life and public health at the address in question and the pool was pumped. City Clerk Berry verified the affidavit of posting and Mayor Howard opened the hearing. Building Official Yauchzee presented the staff report. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for comments from. members of the audience. No one addressed the City Council and the public testimony portion of the Testimony closed hearing was closed by Mayor Howard. City Clerk presented Resolution 9720 - RESOLUTION NO. 9720 — A RESOLUTION OF THE 734 N. Hyacinth Avenue CITY COUNCIL OF THE CITY OF WEST .COVINA, CALI- FORNIA, CONFIRMING THE COST REPORT TO ABATE THE DECLARED PUBLIC NUISANCE LOCATED AT 734 NORTH HYACINTH AVENUE Motion by Wong and seconded by Herfert to waive further • reading of the resolution and adopt. Motion carried 5-0. HEARING APPROVAL OF 1998/99 CDBG ROLLOVER FUNDS FOR PUBLIC SERVICES AND ADMINISTRATION ACTIVITIES Mayor Howard explained that the purpose of this hearing is to con- sider the use of savings and unexpended funds of $41,400 from the 1998/99 Public Service and Administration categories for CDBG. Council Minutcs of 8/3/99 City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and the staff report was presented by Acting Community Services Manager Garcia. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for comments relative to this matter. No one addressed • Council and Mayor Howard closed the public testimony portion of Testimony closed the hearing. Motion by Wong and seconded by Touhey to take the following actions: * Approve the roll over of 1998/99 Public Service CDBG funds in the amount of $21,400.00 into the Careship Program (131- 304-2415-6120); and * Approve the roll over of 1998/99 Administrative CDBG funds in the amount of $15,000.00 into the Consolidated Plan (131-304-2411-6120);and * Approve the roll over of 1998/99 Administrative CDBG funds in the amount of $5,000.00 into the Census Project 9131- 304-2411-6120). Motion carried 5-0. HEARING LEVYING OF ASSESSMENTS FOR THE 1999 WEED AND Mayor Howard explained that this hearing provides the lawful levying of assessments on properties listed on the 1999 Weed and Rubbish Abatement Roll for the City's fiscal year 1998/1999. City Clerk verified the affidavit of posting. Motion by Herfert and seconded by Wong to receive and file the affidavit. Motion carried 5-0. Mayor Howard opened the hearing and the staff report was . presented by Fire Chief Greene. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had been received. Mayor Howard then asked for verbal comments from members of the audience. No one addressed the City Council. Testimony closed Motion by Wong and seconded by Herfert to close the public hearing. Motion carried 5-0. City Clerk presented: Resolution 9721 - RESOLUTION NO. 9721— A RESOLUTION OF THE Confirming assessments CITY COUNCIL OF THE CITY OF WEST COVINA, CON- FIRMING THE REPORT OF THE FIRE CHIEF OF THE CITY OF WEST COVINA, DATED AUGUST 3, 1999, MADE PURSUANT TO THE PROVISIONS OF THE GOVERNMENT CODE, CHAPTER 13, ARTICLE 2, SECTIONS 39574 THROUGH 39476.5 LEVYING THE ASSESSMENTS FOR THE WEED AND RUBBISH ABATEMENT PROGRAM FOR 1999 FISCAL YEAR Motion by Touhey and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 5-0. • Recess Mayor Howard recessed the City Council meeting at 8:09 pm to consider a Redevelopment Agency public hearing. The City Council reconvened at 8:14 pm with all members present. CONSENT CALENDAR Commissions' Summary of Actions (receive & file) Personnel Commission 6/9/99 Planning Commission 7/27/99 2 Council Minutes of 8/3/99 r1 is Resolution 9722 - N/E corner Citrus/Lark Hill Senior Citizens' Commission 7/8/99 Waste Management & Environmental Quality 7/15/99 Treasurer's Report (receive & file) Report for the month of April, 1999 Report for the month of May, 1999 Report for the month of June, 1999 Temporary Use Permits (receive & file) TUP #2523-99 was issued to Pillars of Faith for a fair/outreach event at 2745 E. Valley Boulevard on 7/17/99. TUP 92524-99 was issued to ESGV Japanese Community for the annual Obon Festival at 1203 West Puente Avenue on 7/3/99. Approval of Final Maps (waive reading & adopt resolutions) Summary Vacation of Excess Right-of-way on Lark Hill Drive Location: 687 sq. ft. at n/e comer of Citrus and Lark Hill Drive RESOLUTION NO. 9722 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, VACATING AND ABANDONING A PORTION OF A STREET WHICH IS EXCESS RIGHT-OF-WAY, (Lark Hill Drive) Lot Line Adjustment No. 129 — South Hills Homes Partnership Location: Lots 175 & 2020 of Tract 32324 Resolution 9723 - RESOLUTION NO. 9723 — A RESOLUTION OF THE South Hill Homes Partnership CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA APPROVING LOT LINE ADJUSTMENT NO. 129 AND DIRECTING THE RECORDATION THEREOF (South Hill Homes Partnership) Lot Line Adjustment No. 130 — South Hills Homes Partnership_ Location: Lots 173, 174 & 293 of Tract 32324 Resolution 9724 - RESOLUTION NO. 9724 — A RESOLUTION OF.THE South Hill Homes Partnership CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA APPROVING LOT LINE ADJUSTMENT NO. 130 AND DIRECTING THE RECORDATION THEREOF (South Hill Homes Partnership) Lot Line Adjustment No. 131 — South Hills Homes Partnership Location: Lot 39 of Tract 42169 and Lot 18 of Tract 47809 Resolution 9725 - RESOLUTION NO. 9725 — A RESOLUTION OF THE South Hill Homes Partnership CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA APPROVING LOT LINE ADJUSTMENT NO. 131 AND DIRECTING THE RECORDATION THEREOF (South Hill Homes Partnership) Lot Line Adjustment No. 132 — South Hills Homes Partnership Location: Lot 18 of Tract 24125 and Lot 1 of Tract 32324 Resolution 9726 - RESOLUTION NO. 9726 — A RESOLUTION OF THE South Hill Homes Partnership CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA APPROVING LOT LINE ADJUSTMENT NO. 132 AND DIRECTING THE RECORDATION THEREOF (South Hill Homes Partnership) Award of Bids SP 99101 — Sidewalk Construction SP 99101 - Recommendation is to accept the bid of Grigolla and Sons in the Grigolla and Sons amount of $31,625.00 as submitted at the bid opening on July 20, 1999, and authorize the Mayor and City Clerk to execute the contract. Council Minutes of 8/3199 • • SP 98102 and SP 98105 —Citrus Street and Cameron Avenue — Street Rehabilitation SP 98102 & SP 98105 - Recommendation is to take the following actions: Sully Miller Contracting Co. a) Appropriate $424,500.00 from unappropriated TEA-21 (Federal Funds) to Projects SP 98102 and SP 98105; and b) Accept the bid of Sully -Miller Contracting Company, in the amount of $798,119.82, and authorize the Mayor and City Clerk to execute the contract; and LaBelle Marvin Pavement Eng c) Authorize a professional soils and material testing services contract with LaBelle -Marvin Professional Pavement engineering not to exceed $18,400.00 and authorize professional engineering services contract with Mr. W.F. Herring not to exceed $9,750.00: SP 97110 — Rehabilitation of Segments of Various Bus Route Streets SP 97110 - Recommendation is to take the following actions: Sully Miller Contracting Co. a) Transfer $428,000 from Project SP 99106 to Project SP 97110 and appropriate $30,000.00 from the unappropriated Proposition A funds to SP 97110; and b) Accept the bid of Sully -Miller Contracting Company, in the amount of $600,250.00, and authorize the Mayor and City Clerk to execute a contract. First One -Year Extension of the Rodent Control Contract Rodent Control - Recommendation is to authorize a one-year extension of rodent Gopher Patrol contract to Gopher Patrol of Ontario, at no increase in contract amount. Miscellaneous — Redevelopment Agency Project 99-004 — Upgrade West Covina Auto Plaza Sign Recommendation is to reject all bids and authorize staff to re -bid the project. CONSENT CALENDAR ACTION Motion by Wong and seconded by Touhey to waive further reading of the resolutions and adopt, and to approve all items listed, except: B-5b and B-5c. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None B-5b and B-5c Regarding these two bid awards (involving Sully -Miller Con- tracting Company), the contractor has granted extensions of time and motion by Wong and seconded by Touhey to hold over these two until the next regular Council meeting. Motion carried 5-0. PUBLIC SERVICES PROJECT SP 94102 — AMAR/NOGALES SP 94102 —Held Over Council reviewed the staff report. City Manager Hobbs recom- mended that the City Council hold over this matter (involves the Sully -Miller Contracting Company) until the next Council meeting. Motion by Touhey and seconded by Melendez to hold over. Motion carried 5-0. PURCHASE OF ADDITIONAL PARK LAND — BUTLER PROPERTY Public Services Director Collier presented the staff report. Butler Property Motion by Touhey and seconded by Melendez to accept in principle Mr. Virgil Butler's offer (to sell his 1.44 acre parcel of Council Minutes of 8/3/99 vacant land between Ridge Riders/Maverick site and the Walnut Creek Channel) and authorize the ad hoc committee and staff to negotiate the details of the purchase and bring back to Council for final approval. Motion carried 5-0. • CONSIDERATION OF SALE OF WEST COVINA'S WATER SYSTEM TO SUBURBAN WATER SYSTEMS City Water System sale City Manager Hobbs presented a brief report, noting that this was discussed in detail earlier in the evening during the study session. Public Services Director Collier responded to questions taken at the study session: Responses to study session Relative to a letter submitted by Michael Miller, Mr. Collier stated questions and comments that a) the sale of the water system is not proposed to change the water zones or the water reserves in the reservoirs; b) it's a Council policy matter to utilize the water sale proceeds in the Woodside area; c) Suburban stated in their earlier presentation that they will not be increasing rates for the current rate payers, and d) the public will have plenty of opportunities to learn all about the potential sale. Mr.Collier stated that at this point it is up to the City Council this evening to continue forward with the sale of the water system or to stop the process. Relative to comments from Robert Tafoya, 2214 Calle Jalapa, Mr. Collier clarified that a) a 101/6 reduction on the part of the City was done solely as an analytical technique to see the potential impact. It is not on the negotiating table; b) the City of West Covina has never imposed a water surcharge to the Walnut water customers. It is commonly practiced elsewhere, and therefore the City has been very fair to those Walnut residents; c) whether or not Suburban can pass through charges to its ratepayers for water contamination clean-ups is unknown at this time to City staff, d) staff suggests covering the stranded costs with the proceeds, but it is a Council policy. and e) employees are not hired for emergency purposes — they all have assigned duties. Relative to Royal Brown, 2153 Aroma Drive, Mr. Collier stated that a) the sale does not include any portion of the Maintenance facility or yard, b) Suburban parking at the Willow Avenue site is a separate issue already under discussion, c) the City did refund MWD refund of surplus revenues Spring of last year, and d) all related facilities and improvements were included in the appraisal conducted by Bookman-Edmonston. The following individuals commented further on the potential sale of the City's water system to Suburban Water System. Royal Brown Royal Brown, 2153 Aroma Drive, stated that his problem with this issue is that the City's current rate payers, 70% of the City, will receive a rate increase as soon as Suburban Water Systems receives an advice letter from the Public Utilities Commission to • cover the $12 million. It isn't fair to the rest of the City. He commented on the availability of reclaimed water. He suggested running down the reserves by 50% rate reductions. Michael Quinn Michael Quinn of Suburban Water Systems stated the City staff did well in addressing comments and then added further clari- fications. He stated that if Suburban were to incur additional operating expenses with this transaction, the cost shall be born by 5 Council Minutes of 8/3/99 the company and cannot have an impact on the existing rate payers. He also addressed the San Jose rates, as discussed by Mr. Tafoya. John Shewmaker John Shewmaker, 1825 Borrego Drive, commented on the impact of the water sale on the kids and schools. Money spent on non- educational items (utilities, etc) is that much less that can be spent on educating the children. Leonard Mercado Leonard Mercado, 3508 Patricia Street and a member of the group "Citizens Against the Water Sale." He felt the citizens will get a better deal from the City and urged Council to conduct public hearings. Leslie Nationales Tafoya Leslie Nationales Tafoya, 2214 Calle Jalapa, treasurer of Canyon Crest Homeowners Association and member of "Citizens Against the Water Sale," urged Council to treat the Walnut rate payers fairly and spoke against losing City employees through the sale of the water system. Robert Nationales Tafoya Robert Nationales Tafoya, 2214 Calle Jalapa, founder of "Citizens Against the Water Sale," felt that $9 million in the reserves was unnecessary, 15% is all that is needed. Among several issues, one he discussed was the pollution issue in the San Gabriel Valley. He opposed the idea of losing the City's control over the water system and service, objecting to ratepayers falling back on the California Public Utilities Commission for assistance if the sale goes through. He asked Council to postpone a decision on this until after public hearings. Priscilla Dompier Priscilla Dompier, 19830 Camino Arroya, Walnut, expressed concerned that she didn't know about this earlier. She opposed the sale because the Walnut rate payers should be treated the same as the West Covina rate payers, noting that the reduction proposed by Suburban doesn't apply to Walnut residents. Clement Johnson Clement Johnson, 2603 Paseo Olivos, opposed the sale of the water system because he felt it was a bad deal for the City. He said the value of the water system arrived at by Bookman-Edmonston is not correct. He concurred with statements made by other speakers and also asked that this issue be placed before the residents at town hall meetings before Council makes a decision. Paul Tecson Paul Tecson, 2930 Elena Avenue, opposed the sale of the water system stating the loss of City services. He preferred local control because the CPUC will not protect the citizens. He asked for a postponement of Council's decision. Stanley Pleasant Stanley Pleasant, 2209 Calle Jalapa, spoke in opposition to the sale of the City's water system on behalf of the residents in the Canyon Homeowners Association for reasons expressed by previous speakers. Council Discussion Councilmember Herfert clarified that the isn't a fight between • Suburban Water System and the City, as some of the speakers seem to feel, but there is between the City and the MWD, the agency the City has had to purchase water for its water system. The City has very little control because of MWD. Suburban Water System purchases water from other sources and the authority of the MWD over Suburban is limited. He favored placing this matter of the ballot for the residents to vote on the issue. C1 Council Minutcs of 8/3/99 Councilmember Touhey stated that the City does not have water rights to transfer water from basin to basin. The City has only one water right and uses 6,000. He also discussed the water debt and water reserves. The City currently has $9.3 million in reserves but owes $8 million plus in bonds. Therefore, it was be dangerous for the city to drawn down its reserves. He was comfortable with • town meetings to discuss this with the residents. Mayor Pro Tem Melendez stated that water to his home is provided through the City's system and he had been concerned about a conflict of interest. However, word arrived from the FPPC via the City Attorney that no conflict exists. The City Attorney had commended staff for a complete, professional, objective report. He recommended at least three public forums and the Walnut residents/customers of West Covina's water system be invited. Councilmember Wong stated that better long-range rates can be obtained through the selling of the system to Suburban than can be obtained by the City and explained the reason. The sixteen employees currently working in the City's water department will not be terminated. They will fill vacancies elsewhere in the organ- ization. In anticipation of the water sale that has been discussed the last several years, positions have not been filed. Councilmember Wong addressed the issue of fairness to the Walnut residents and the surcharge that most cities in situations as West Covina normally impose. West Covina has never levied a surcharge to the Walnut residents. He felt there would be plenty of opportunities for the residents/customers to learn about the sale and debate the plusses and the minuses before voting on it. He favored moving forward with placing the matter on the ballot. Mayor Howard stated that as a member of the ad hoc committee studying this issue, she wavered back and forth on either side of the issue. The charge was to reduce the rates in the south end of the City and she very much favored a reduction in rates. The only practical way is through the sale of the water system. Councilmember Touhey stated that West Covina residents north of the freeway, served by Azusa Water Company, pay the surcharges discussed earlier. He suggested the City Council work on equalizing West Covina's residential rates before working on equalizing Walnut's residential rates. Mayor Pro Tem Melendez felt the current high rates paid by West Covina residents are the results of current Councilmembers who over the past several years have taken no action to reduce rates. Mayor Howard disagreed. with Mayor Pro Tem Melendez. Councilmember Herfert concurred, the City has not gauged the Walnut residents. Councilmember Touhey discussed measures taken during the past • three years of study'to address the water rate issue. Council has been concerned about the rates since 1994. Motion Motion by Wong and seconded by Touhey to adopt the Letter of Intent to Sell the Water System to Suburban Water Systems and direct staff to retain professional services to proceed to a mail ballot election at the earliest reasonable date, and to schedule neighborhood meetings. Motion carried 5-0. 7 Council Minutes of 8/3/99 rI • Recess Mayor Howard called a recess at 9:43 pm. The City Council re- convened at 9:57 pm with all members present. ENVIRONMENTAL MANAGEMENT STATE DISPOSAL QUANTITY REPORTING SYSTEM TO MEASURE COMPLIANCE WITH THE 50 % WASTE REDUCTION MANDATE (ASSEMBLY BILL 939) AB 939 Improvements Environmental Management Director Samaniego, presented the staff report. Motion by Touhey and seconded by Wong to authorize the Mayor to send a letter to the CIWMB, Assemblyman Robert Pacheco and Senator Richard Mountjoy supporting Los Angeles County's request for administrative and legislative improvements with the AB 939 waste disposal reporting system. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 10:04 pm to reconvene the Redevelopment Agency. The City Council recon- vened at 10:25 pm with all members present. COMMUNITY SERVICES PUBLIC SAFETY SERVICES No reports for this meeting. No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. APPROVAL OF DEMANDS AND WIRE TRANSFERS Motion by Wong and seconded by Herfert to approve Demands totaling $2,326,483.39 (with wire transfers totaling $1,117,652.20) as listed on check registers FI 186936 through 187229. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSTAIN:. Touhey re Community Food Bank ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS Mayor Howard announced Assistant City Manager Artie Fields' birthday as today and wished him well. Mayor Howard read a thank -you letter from Yolanda Ruiz in appreciation of the City Council's support in adopting a resolution requesting that parole be denied for convicted murderer, Danny Saul Rosales, the man who killed her daughter. Voting Delegate for League of California Cities. Annual Conference in San Jose Council reviewed the staff report. Motion by Touhey and seconded by Melendez to designate Mayor Howard as voting delegate and Mayor Pro Tern Melendez as alternate. Motion carried 5-0. Council Minutes of 8/3/99 COUNCILMEMBERS' REPORTS Councilmember Wong requested the subject matter of revising the commission appointment process be agendized for the. next meeting. Staff was directed to include the status of the current recruitment. CITY MANAGER'S REPORT Motion by Herfert and seconded by Touhey to adjourn the meeting at 10:30 pm. Motion carried 5-0. Attest: City Clerk Janet Be • to 4yor Ka n oward E