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
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Council Minutes of 8/3/99
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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
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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
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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.
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Council Minutes of 8/3/99
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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
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to
4yor Ka n oward
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