09-07-1999 - Regular Meeting - Minutes11
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
SEPTEMBER 7, 1999
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:39 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Lee Gugliotto of
West Covina Hills Seventh Day Adventist Church gave the invocation and Councilmember Wong led
the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tern Melendez, Councilmembers
Herfert, Touhey, Wong
Others Present: Hobbs, Fields, Martyn, Collier, Fong, Chung, Samaniego, Wills,
Schimanski, Briley, King, Yauchzee, Pidgeon, Bommarito, Berry
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
* Special meeting of August 3, 1999
* Regular meeting of August 3, 1999
* Special meeting of August 17, 1999
* Regular meeting of August 17, 1999
PRESENTATIONS Dr. Patricia Rasmussen, Vice President Institutional Advancement
at Mt. San Antonio College, presented Mt. SAC's 1999 Update of
Activities and Programs. A five-minute video explained the needs
of the college that could be met through the passage of Measure M
on November 2, 1999.
Building Official Yauchzee introduced the recently hired Senior
Code Enforcement Officer Dan Smith.
PROCLAMATIONS Mayor Howard proclaimed September 5 — 11, 1999, as Women in
Construction Week and presented the proclamation to Gwen
Stone, President of the National Association of Women in Con-
struction, San Gabriel Valley Chapter.
Mayor Howard proclaimed September 25,1999, as Stop the
Violence Day and presented the proclamation to Gary Lawson,
CEO of Future America.
Mayor Howard proclaimed the month of September, 1999, as
Food Safety Education Month and presented the proclamation to
Kirsten Morlock, Los Angeles County Environmental Services.
• Mayor re order of agenda Mayor Howard suggested some language changes to the Agenda to
enable citizens to address Council earlier in the meeting pertaining
to items not listed on the Agenda.
HEARINGS No hearings scheduled for this meeting.
Council Minutes of 9/7/99
CONSENT CALENDAR Commissions' Summary of Actions (receive & file)
Planning 8/24/99
Waste Management/Environmental Quality 8/19/99
Planning & WM/EQ Joint Meeting 8/23/99
Community Services 8/10/99
• Senior Citizens 8/12/99
Claims Against the City (receive & file)
On April 26, 1999 the City Clerk's Office received a claim for
property damage amounting to $1,875.00 from Linda D. Chavarria.
Temporary Use Permits (receive & file)
TUP 42531-99 was issued to Coldwell Banker for a kid's fair on
8/7/99 at Cameron Park.
TUP #2532-99 was issued to First Financial Federal Credit Union,
1616 Cameron Avenue, for a car sale from 8/14 through 8/15.
Acceptance of Improvements/Release of Bonds
Precise Plan 724, Revision 2
Pacific Communities Builders Location: Tract 35930, Aroma Drive and Donna Beth Drive.
Recommendation is to accept onsite and offsite improve-
ments in conjunction with the development of a portion of Tract
No. 35930 known as Precise Plan No 724, Revision 2, and release
Performance Bond No. 420006S by Developers Insurance Com-
pany in the amount of $407,800.00.
Award of Bids
SP 97110 —Rehabilitation of Segments of Various Bus Routes
SP 97110 - Recommendation is to take the following actions:
Sully -Miller Contracting Co. a) Transfer $428,000.00 from SP 99106 (Account No. 122-
3 20-3 926-7200) to SP 97110 (Account No. 122-320-3737-7200)
and appropriate $30,000.00 from the unappropriated Proposition A
funds to SP 97110 (Account No. 122-320-3737-7200).
b) Accept the bid of the lowest bidder, Sully -Miller
Contracting Company, Anaheim, in the amount of $600,250.00 as
submitted at the bid opening on June 7, 1999 and authorize the
Mayor and City Clerk to execute the contract.
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 SP 98102 and SP 98105.
b) Accept the bid of Sully -Miller Contracting Company,
Anaheim, in the amount of $798,119.82, as submitted at the bid
opening on June 24, 1999, and authorize the Mayor and City
Clerk to execute the contract.
• c) Authorize a professional soils and material testing services
contract with LaBelle -Marvin Professional Pavement Engineering
not to exceed $18,400.00 and authorize a professional engineering
services contract with Mr. W. F. Herring not to exceed $9,750.00.
Purchase Three Ford Crown Victoria Vehicles
Villa Ford Recommendation is to authorize the purchase of three 2000 Ford
Crown Victoria vehicles from Villa Ford of Orange in the amount
of $66,026.08 including tax, license and delivery.
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Council Minutes of 9/7/99
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Purchase of Sten Van Truck
Thorson GMC Truck Center Recommendation is to authorize the purchase of a 1999 GMC
truck with step van body from Thorson GMC Truck Center,
Pasadena, in the amount of $27,450.00 including tax, license, and
delivery.
Ordinance for Adoption (waive reading & adopt)
Ordinance 2041 - ORDINANCE 2041 — AN ORDINANCE OF THE CITY
Appointing commissioners COUNCIL OF THE CITY OF WEST COVINA REVISING
WEST COVINA MUNICIPAL CODE CHAPTER 2, ARTICLE
III, BOARDS AND COMMISSIONS
Miscellaneous — Environmental Management
Graffiti Removal Agreement Renewal
Boys & Girls Club of S. Gabriel Recommendation is to authorize the Mayor and City Clerk to
execute Amendment No. 5 to the Graffiti Agreement, extending
the contract to August 31, 2000.
Miscellaneous — Personnel Services
Implementation of Three -Year Salary Increases
for -Six Employee Groups
Recommendation is to waive reading and adopt the following:
Resolution 9729 - RESOLUTION NO. 9729 — A RESOLUTION OF THE CITY
Salary increases COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING THE SALARY STRUCTURE FOR CLASSIFI-
CATIONS REPRESENTED BY THE MID -MANAGEMENT
EMPLOYEES ASSOCIATION, CONFIDENTIAL/EXEMPT
EMPLOYEES ASSOCIATION; GENERAL EMPLOYEES
ASSOCIATION, MAINTENANCE EMPLOYEES ASSOCI-
ATION, PUBLIC SAFETY DISPATCHERS ASSOCIATION
AND THE UNREPRESENTED CLASSIFICATION OF COM-
MUNICATIONS SUPERVISOR
CONSENT CALENDAR ACTION Motion by Wong and seconded by Herfert to waive further reading
of the resolution and adopt, and to approve all other items listed
except Item B-6 (Ordinance No. 2041). Motion carved by roll call
vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
John Scheuplein John Scheuplein, Personnel Commission, urged the City Council
not to approve the proposed ordinance to change the commission
appointment process.
Ordinance 2041 adopted Councilmember Herfert stated that he was in opposition to the
proposed change in the commission appointment process and
would not vote in favor of the ordinance adoption. Council -
member Touhey concurred.
City Clerk Berry presented the title of the ordinance.
Motion by Wong and seconded by Howard to waive further
reading of the ordinance and adopt. Motion carried 3-2 with
Herfert and Touhey voting no.
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Council Minutes of 9n199
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PUBLIC SERVICES PROPOSED AMENDMENT OF LETTER OF INTENT BY
Public Services Director Collier elaborated on the staff report with
the use of the overhead projector.
Ed Cano Ed Cano, 1216 Bubblingwell Road, asked for a clarification of the
figures regarding the water sale. Councilmembers Herfert and
Touhey responded.
Councilmember Herfert explained that the City does not have
much control over the water rates, because the water rights are held
by MWD, the agency that imposes the expensive water costs to its
customers, the City of West Covina is one such customer.
Suburban Water Systems, however, owns its own water rights and
does not purchase water from MWD (except during emergencies).
Councilmember Touhey presented a quick review of the work by
the Council's ad hoc committee on the potential sale of the water
system.
Councilmember Wong spoke against accepting any amendments or
changes to the Letter of Intent that was accepted by the City
Council the last time it was on the Agenda. He did not want the
City to lose half a million dollars from the previously approved
$12 million purchase price.
Councilmember Touhey stated that he would support the
amendment proposed by Suburban to reduce water rates by 15%
(13.6% net) and Walnut customers by 0.2%. This would be
contractually guaranteed for four years, and reduces the sales
prince of the water system from $12.0 million to $11.5 million.
Motion Motion by Touhey and seconded by Herfert to approve a 15%
gross rate reduction for the West Covina customers and 0.2% for
the Walnut customers for four years, which reduces the purchase
price of the water system to $11.5 million.
Mayor Pro Tern Melendez read from a report prepared by
Bookman-Edmonston (the consultants) and Councilmember
Touhey suggested that he refer to the more recent memoranda and
reports.
Action on motion Mayor Howard asked for the vote on the pending motion, stated
two paragraphs above. Motion carried 3-2 with Melendez and
Wong voting no.
Recess Mayor Howard called a recess at.9:12 pm. The City Council re-
convened at 9:27 pm with all members present.
In relation to the item just discussed by the City Council, motion
by Herfert and seconded by Howard that there be two public
meetings at two different locations to discuss the potential sale
with the residents in the effected area and that they be scheduled as
soon as.possible. Motion carried 5-0.
REQUEST FOR EXTENSION OF COMMENT PERIOD:
BKK CLOSURE PLAN/DEVELOPMENT PLAN — EIR
Public Services Director Collier elaborated on the staff report.
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Council Minutes of 9/7/99
Mike Miller Mike Miller, 735 E. Herring Avenue, submitted a letter and com-
mented further on his reasons for an extension to the review
period. He requested a thirty -day extension.
Alan Tuntland Alan Tuntland, representing BKK Landfill, related all the works
- and steps taken so far by BKK. He suggested a one -week exten-
sion at the most, as any more time would jeopardize the project.
Royal Brown Royal Brown, 2153 Aroma Drive, complained that the document
wasn't available at the Planning Department counter or at the City
Hall Annex. He encouraged Council to uphold the commissions'
request for a 60-day extension.
Linda Santos Linda Santos, President of the Filipino American Chamber of
Commerce, stated that her group supports the development of the
landfill area. She requested Council not grant an extension to the
review period because it would cause a delay with the progress.
Council discussed extending the review period for public
comment.
Motion by Herfert and seconded by Melendez to approve a
thirty -day extension for the public comment period for the BKK
Closure Plan/Postclosure Maintenance Plan and Development Plan
Draft Environmental Impact Report. Motion carried 5-0.
Mayor Howard moved forward Oral Communications because of
the large number of speaker cards from the audience who wished
to address the same issue: Moe the Chimp.
ORAL COMMUNICATIONS
Steve Graybill Steve Graybill, 1212 E. Puente Avenue, stated that since Moe was
removed from his owner's residence and placed in a reserve, Moe
has been depressed and not eating.
Ruth Ann Haskell Ruth Ann Haskell, 1033 E. Eckerman Avenue, stated that Moe has
never been a problem in the twelve years she has lived in the
vicinity.
Lisa Erickson Lisa Erickson, 1042 E. Casad Avenue, stated she was eight years
old when she met Moe and she has been devastated and upset ever
since he was removed from his owner's residence.
Frances Nelson Frances Nelson, 1049 E. Casad Avenue, felt that Moe needs to
come home to where he is loved by his owners and the neighbors.
Jeanne Kirby Jeanne Kirby, 16141 Edna Place, Covina, felt there was no reason
for the chimpanzee to be removed from his owner's home. Moe
probably reacted out of fear during the last couple of incidents.
Mary Ellen Kintzel Mary Ellen Kintzel, 1123 W. Puente Avenue, noted that her son
often played with children in Moe's neighborhood and for several
years the kids would enjoy visiting and talking about Moe.
George Ogden George Odgen, 1249 S. Valinda Avenue, commented on public
access television. He submitted a letter earlier and recognized that
he would be speaking with him later on it, but requested Council to
review his letter.
Council Minutes of 9/7/99
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Royal Brown Royal Brown, 2153 Aroma Drive, opposed Measure M slated for
the November 2, 1999 ballot. Measure M is a bond issue for infra-
structure rebuilding and new construction at Mt. SAC and urged a
no vote.
Councilmember Touhey appreciated the live and concern
expressed by the residents for Moe the Chimp. He did address the
City's position regarding the health and safety of the residents and
the police officer that was bit. Additional concurring comments
were offered by Councilmembers Melendez and Wong, and Mayor
Howard,
PUBLIC SERVICES (continued) UPDATE ON NEGOTIATIONS WITH VALENCIA
HEIGHTS WATER COMPANY
Valencia Heights Water Co. Councilmember Wong stated that as a resident served by Valencia
Heights Water Company, he owns one share of the mutual water
company. Due to conflict of interest laws, he would abstain from
the discussion and vote on this issue.
Public Services Director Collier presented the staff report.
Motion by Touhey and seconded by Herfert to receive and
file the report. Motion carried 4-0-1 with Wong abstaining
(conflict of interest).
MORATORIUM (INTERIM URGENCY ORDINANCE)
REGARDING ALCOHOL SALES PERMITS
Public Services Director Collier presented the staff report.
Council discussion followed regarding urgency, types of
on -site and off -sale businesses, clustering of similar businesses,
permitting the influx of churches, etc. into neighborhood com-
mercial zones and the results of that within close proximity to
businesses selling alcohol.
Motion by Wong and seconded by Herfert to receive and
file the staff report. Motion carried 4-1 with Melendez voting no.
CLARIFYING REVISION TO MUNICIPAL CODE
SECTION DEALING WITH THE MAINTENANCE
OF SEWER LATERALS
Due to the time (11:04 pm) Mayor Howard recommended that this
item be reagendized for the next Council meeting and discussed at
that time.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 11:04 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 11:05 pm with all members present.
COMMUNITY SERVICES
PUBLIC SAFETY
No reports for this meeting.
No reports for this meeting.
ADMINISTRATIVE SERVICES No reports for this meeting.
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Council Minutes of 9n199
APPROVAL OF DEMANDS AND WIRE TRANSFERS
Motion by Wong and seconded by Herfert to approve demands in
the following amounts: Checks: $1,455,037.12
Wire transfers: 3,969,776.49
TOTAL $ 5,424,813.61
Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey re Community Food Bank
MAYOR'S REPORT
Sully -Miller Contracting Co. Mayor Howard announced a settlement has been reached in a
recent lawsuit regarding the Azusa Avenue/Amar Road paving
project, SP 94102. The parties involved in the lawsuit were: City
of West Covina, Sully -Miller Contracting Company, Mission
Paving, Petro-Cem, and Los Angeles County. The signed settle-
ment is on file in the City Clerk's Office.
Mayor Howard stated that she represented the City at the MDA
telethon. It was an exciting fund-raising event where the MDA
was presented with a check in the amount of $50,100.
COUNCILMEMBERS' REPORTS
Councilmember Herfert wasn't interested in pursuing this topic
further.
REPRESENTATION ON THE INDEPENDENT CITIES
ASSOCIATION BOARD OF DIRECTORS
Councilmember Herfert elaborated on the staff report.
Motion by Herfert and seconded by Touhey to permit
Councilmember Touhey to remain as the City's representative to
the ICA Board of Directors until the next round of appointments,
about six months.
Mayor Pro Tern Melendez noted Mr. Touhey was replaced
in May, continued to attend the meetings, and was elected to the
Board even though he knew had been replaced.
Councilmember Herfert withdrew the motion. Council -
member Touhey stated anyone can attend the general membership
meetings and he enjoys attending and participating. He did not
seek appointment to the Board of Directors, the Board took that
action on their own as they lost one of the Directors.
Unfortunately the Councilmember who was appointed as the
replacement has not attended.
VOTING DELEGATES FOR NATIONAL LEAGUE OF
CITIES —1999 CONGRESS
• Council reviewed the staff report.
Motion by Touhey and seconded by Melendez to appoint
Councilmember Wong as the voting delegate and Mayor Howard
as the alternate for the National League of Cities Annual Congress
business meeting. Motion carried 5-0.
Councilmember Herfert requested the following item be agendized
for the next City Council meeting: Fourth of July celebration for
2000 and how we plan to proceed.
Council Minutes of 9n199
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CITY MANAGER'S REPORT No reports for this meeting.
CLOSED SESSION City Manager Hobbs stated that there would be no need to convene
a closed session. The items that were scheduled for discussion can
be handled next time.
ADJOURNMENT
Attest:
City C1erk'Jatiet Berry
Motion by Herfert and seconded by Touhey to adjourn the meeting
at 11:19 pm. Motion carried 5-0.