10-19-1999 - Regular Meeting - MinutesC.
MINUTES
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
OCTOBER 19, 1999
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:37 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Lee J. Gugliotto of
West Covina Hills Seventh-Day Adventist gave the invocation and Councilmember Touhey led the
Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers
Herfert, Touhey, Wong
Others Present: Hobbs, Fields, Martyn, Fox, McIsaac, Samaniego, Briley, Mayer,
Bommarito, Greene, Wills, Schimanski, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of September 21, 1999
Regular meeting of September 21, 1999
Special meeting of October 4, 1999 (water sale)
PRESENTATION With the assistance of Manny Gallegos, Team Manager, Mayor
Howard presented certificates to the members of the West Covina
Girls Softball 8 and under team, champions of the All -Star Classic
Tournament held in July.
HEARINGS ZONE CHANGE NO. 665 AND NEGATIVE DEC.
APPLICANT: Michael Yang
LOCATION: 3200 East Cortez Street
City Clerk Berry verified the affidavit of publication and Mayor
Howard opened the public hearing. City Planner McIsaac
presented the staff report.
Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for comments in favor of the zone change. The
following person addressed Council:
In Favor May Tau, Civil Engineer of EGI Associates, Inc., spoke as
the applicant's representative, urging Council's support and
approval.
In Opposition Mayor Howard asked for comments in opposition to the zone
change and no one addressed the City Council. She then closed
Testimony closed the public testimony portion of the hearing.
City Clerk presented:
Resolution 9732 - RESOLUTION NO.9732 — A RESOLUTION OF THE CITY
Certifying neg. dec. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL
MAP NO. 25502 AND ZONE CHANGE NO. 665 PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970, AS AMENDED
Motion by Herfert and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 5-0.
Council Minutes of 10/19/99
City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE
CHANGE NO. 665
Motion by Wong and seconded by Touhey to waive further
reading of the ordinance and introduce. Motion carried by roll call
• vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
CONSENT CALENDAR Commissions' Summary of Actions (receive & file)
Planning Commission 10/12/99
Claims Against the City (deny & notify claimant)
On May 17, 1999 the City Clerk's Office received a claim for
property damage from Michael D. Murphy. The amount of the
claim had not been determined at time of presentation.
Approval of Final Map (waive reading & adopt resolution)
Subdivider: Goldrich, Kest, and Associates
Location: Two lots at Grand Avenue and Holt Avenue
Resolution 9733 - RESOLUTION NO. 9733 — A RESOLUTION OF THE
Parcel Map 24881 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
24881 AND DIRECTING THE RECORDATION THEREOF
(Goldrich, Kest, and Associates)
City Treasurer's Report (receive & file)
Report for the month of August, 1999
Miscellaneous — Public Services
CIP & Building Activity Report — Third Quarter
Recommendation is to receive and file the informational report for
the quarter ending September 30, 1999.
Tree Plantine Grant ADDlication
Recommendation is to adopt the following resolution:
Resolution 9734 - RESOLUTION NO. 9734 — A RESOLUTION OF THE
CA Trees for the Millennium CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE APPLICATION FOR FUNDS
FOR THE URBAN FORESTRY GRANT PROGRAM AS
PROVIDED THROUGH THE CALIFORNIA TREES FOR THE
MILLENNIUM INITIATIVE FUNDED THROUGH THE
FOREST RESOURCE IMPROVEMENT FUND
Reclaimed Water Utilization Plan
Reclaimed Water consultant - Recommendation is to authorize engaging the services of Mr.
Parsons Engineering Science Richard Bentwood with Parsons Engineering Science, Inc., in an
amount not to exceed $4,500 to assist staff in evaluating the use of
reclaimed water -for public areas within the area of the City
commonly known as "Woodside Village."
• Miscellaneous — Police Department
Additional Funds for COPS School -Based '98 Grant
COPS '98 Grant Recommendation is to authorize the appropriation of the additional
grant award ($15,571) added to the unspent grant funds to be
carried over from FY 98/99 as follows:
• $2,000 into 134-304-2110-5113 (WCPD Overtime, com-
mitted to project)
Council Minutes of 10/19/99
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• $10,000 into 134-304-2110-5112 (Teachers' time com-
mitted to project)
• $2,571 into 134-304-2110-6050 (Travel/expenses to man-
datory conferences)
• $500 into 134-304-2110-7160 (Supplies)
• $500 into 134-304-2110-6270 (Student incentives)
Appropriation of Second - Year
OCJP Domestic Violence Grant Funds
Recommendation is to authorize the appropriation of the additional
grant award ($90,000), added'to the unspent grant funds to be
carried over from FY 98-99, as follows:
• $41,960 into 142-304-2110-5112 (funds for part-time
Victim Advocate)
• $24,500 into 142-304-2110-5113 (domestic violence inves-
tigations overtime)
• $3,680 into 142-304-2110-6050 (mandatory grant travel
and DV training)
• $1,500 into 142-304-2110-6112 (mandatory audit of the
grant)
• $5,000 into 142-304-2110-6120 (consulting/training by
YWCA -WINGS)
• $1,000 into 142-304-2110-6210 (office supplies)
• $1,000 into 142-304-2110-6212 (printing)
• $5,260 into 142-304-2110-6220 (emergency response kits)
• $500 into 142-304-2110-7130 (computer equipment)
• $5,600 into 142-304-2110-7160 (equipment, including
digital cameras)
Purchase of One Police Motorcycle
Purchase of One Motorcycle - Recommendation is to take the following actions:
a) Find that City of Alhambra's procurement process is at
least as stringent as that used by the City of West Covina, and
b) Find that the City of Alhambra's Bid No. N99-24 satisfied
the formal bid process under WCMC § 2-333 and justifies the
waiver of the formal bid process; and authorize staff to purchase
one Kawasaki Police motorcycle for $8,258.39, including tax, from
Pomona Valley Kawasaki.
Driving Simulator Purchase
Recommendation is to receive and file the staff report.
Miscellaneous — Personnel Department
Approval of Revised Class and Job Description for Police Officer
Recommendation is to adopt the following resolution:
Resolution 9735 - RESOLUTION NO. 9735 — A RESOLUTION OF THE
Police Officer Class Specs. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 7223, RELATING
TO CLASSIFICATION AND COMPENSATION OF POSI-
TIONS, AS AMENDED; AND APPROVING THE REVISIONS
TO THE POLICY OFFICER CLASS SPECIFICATION
Miscellaneous — City Clerk's Office
Destruction of Certain Documents as Prescribed by Law
Recommendation is to adopt the following resolution: '
Resolution 9736 - RESOLUTION NO. 9736 — A RESOLUTION OF THE
Destruction of Documents CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
Council Minutes of 10/19/99
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Miscellaneous — Environmental Management
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the staff report.
In relation to Item M-5 (Councilmember Touhey's Azusa Avenue
Beautification Project), Mr. Touhey requested staff to explore the
extension of the reclaimed water pipe (Consent Calendar Item re
Reclaimed Water Utilization Plan)
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to waive further
reading of the resolutions and adopt, and to approve all items listed
on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
END OF CONSENT CALENDAR
Mayor Howard suggested that Item M-3 be moved forward at this
time, due to the number of speaker cards received relating to this
item (Sale of Fireworks to Celebrate the Millennium).
SALE OF FHiEWORKS IN THE CITY OF WEST COVINA
FOR THE MILLENNIUM — COUNCILMEMBER TOUHEY
Millennium Fireworks Councilmember Touhey explained that the City Attorney has
opined that because the ordinance banning fireworks in West
Covina (Ordinance No. 1790) was upheld through the referendum
process, the City Council has no ability to set that prohibition aside
without going back to the electorate for another vote. He
concluded his remarks by withdrawing the subject matter from
further consideration.
Mayor Howard noted that the issue was moot; however, comments ; `
would be received if there were citizens who still desired to
address the issue. The following individuals spoke:
Nancy Manners Nancy Manners, 734 N. Eileen Avenue and former Mayor of West
Covina, presented the history of the ordinance and the flavor of the
citizens' feelings on the subject, the majority of whom pressed for
a citywide ban.
Others speaking in opposition to temporarily lifting the ban
included:
Louis Fine Louis Fine, 1210 S. Robin Road
Adelaide Welch Adelaide Welch, 1552 Maplegrove Street
Audrey Lynberg Audrey Lynberg, 1311 Golden Vista Drive, offered an alternative
"End of the Year" celebration at Thyberg Field where
veterans and others could have booths and the City could
provide a fireworks display.
Richard Jennings Richard Jennings, 1616 E. Greenville Drive
Carl Johnson Carl Johnson, 329 N. Orange Avenue and former Fire Chief of
Covina
Grant Janssen Grant Janssen, 224 N. Sunkist Avenue, spoke in support of
permitting fireworks to celebrate the millennium and our freedom.
George Ogden George Ogden, 1249 Valinda Avenue, stated that prior to hearing
the City Attorney's opinion he would have supported fire -works
because of the tendency people will have in shooting them off and
there will be neighboring cities permitting it.
Council Minutes of 10/19/99
Marvin Garland Marvin Garland, M.D., 1532 S. Alpine Drive, related the eye
accidents he has seen and treated due to fireworks and fully
supported the continuation of the ban.
William Snider William Snider, M.D., 2657 E. Charlinda, supported the ban.
• Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, felt it was unfortunate
that irresponsible adults have been the cause of the ban and it
would have been nice to celebrate the millennium.
Councilmember Touhey noted his support for this country's
freedom and liberties; however he expressed his respect for the
legal opinion of the City Attorney relative to this matter.
PUBLIC SERVICES APPROVAL OF WATER SYSTEM SALE ELECTION
NOTICE AND BALLOT LANGUAGE
Public Services Director Collier presented the staff report. He
noted that Suburban Water Systems submitted a letter requesting
one additional provision be added to the Notice. Suburban
requested the following sentence be added to the end of Paragraph
No. D.2 under the rates on page 3: "There will be no costs
including a reasonable return not fully reflected in the first year's
rates."
Royal Brown Royal Brown, 2153 Aroma Drive, questioned the constitutionality
of the intended ballot because the water is a federal matter since
the water flows between different states.
City Attorney Marlyn noted that the City is not selling the
water, it is selling the water system. The Utility Code of California
law governs the sale of the water system and the City is in
compliance with its statutes.
Councilmember Wong suggested that the due -date and time for
returning the ballots be printed clearly on the outside to avoid any
confusion.
Councilmember Touhey supported the proposed language change
and suggested the following as well: on Page one, Item 2 under
Rates should read $1.50 to the Walnut customers, not $1.51. He
opposed using the optional rate comparison table and suggested the
first comparison table on Page 2.
City Manager Hobbs noted a correction on Page 4, there is
a reference to the RFP process and it should state RFQ.
Robert Tafoya Robert Tafoya, 2214 Calle Jalapa, president of "Citizens Against
the Water Sale," requested that the impact on the general fund be
included in the ballot material.
Mayor Pro Tern Melendez restated his alternate view to the sale of
the water system. He stated his belief that every resident will be
negatively impacted if the water system sale passes and he
• expounded on his reasons for this position.
Councilmember Herfert noted that only those West Covina
residents who are served by the West Covina Water Company will
vote on this issue. Those residents who pay their water bills to
some other water purveyor other than the City will not receive a
ballot on this matter. He added that he felt the proposed ballot
wording is fair and shows both sides of the issue.
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Council Minutes of 10/19/99
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Ballot Question Verbiage Mayor Howard requested Council to choose between the two
ballot questions on the first page of the staff report. All five
Councilmembers chose Alternate No. 1:
"Shall the City of West Covina's Water System be
sold under the terms and conditions in the attached
Notice?"
Action Motion by Herfert and seconded by Howard to approve with the
recommended changes by the City Council and Suburban Water
Systems as discussed above. Motion carried 4-1 with Melendez
voting no.
Recess Mayor Howard called a recess at 9:00 pm. The City Council
reconvened at 9:21 pm with all members present.
ENVIRONMENTAL MANAGEMENT
SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT'S REPORT "EVALUATION OF HEALTH
EFFECTS OF LANDFILL GAS EMISSIONS IN THE LOS
ANGELES BASIN
Environmental Management Director Samamego presented the
staff report.
Motion by Herfert and seconded by Touhey to refer the matter to
the Waste Management/Environmental Quality Commission.
Royal Brown Royal Brown, 2153 Aroma Drive, opposed the staff recommenda-
tion and agreed with Councilmember Herfert's motion to refer the
matter to the Commission.
Mayor Howard asked for a vote on the motion and it passed 5-0.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 9:30 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 9:34 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.
GENERAL ADMINISTRATION No reports for this meeting.
APPROVAL OF DEMANDS Motion by Wong and seconded by Herfert to approve Demands
totaling $2,672,932.35 (of which $1,153,824.29 was made by wire
transfer) as listed on check registers Nos. 188729 through 189052.
Councilmember Touhey requested that Check No. 189010 made
payable to Colleen Janssen be removed from the list for separate
action. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey re Community Food Bank
M
Council Minutes of 10/19/99
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Motion by Wong and seconded by Howard to approve the
disbursement of Check No. 189010. Motion carried 3-2 with
Herfert and Touhey voting no.
ORAL COMMUNICATIONS
Charlesetta Wagner Charlesetta Wagner, 3401 S. Sentous Avenue, stated that she
applied for Section 8 Housing through the Baldwin Park Housing
Authority four years ago. She has been there to talk to the
Authority people in person and was not treated very well. She has
called on the phone at least once a week to find out if she has
moved up on the waiting list. She appealed to Council to assist her
with the problem. Mr. Ronny Jones spoke in support of Mrs.
Wagner and her situation.
Acting Community Services Director Bommarito stated
that she has talked to the director of the Housing Authority and
related his concerns to Council about personnel issues and the
program in general. There are program changes that are adding to
the current difficulties.
Motion by Herfert and seconded by Melendez to authorize
Mayor Howard to send a letter to the Baldwin Park Housing
Authority regarding the Section 8 problems. Motion carried 5-0.
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, discussed business
license requirements in reference to Councilmember Wong's com-
ment at a previous meeting.
MAYOR'S REPORT Mayor Howard reported on the League of California Cities Con-
ference last week at San Jose. She felt it was an excellent
convention. She had several booklets and an audio tape regarding
profitable private/public partnership to share with her colleagues
on the Council.
Mayor Howard announced the upcoming Red Ribbon Rally Pan-
cake Breakfast scheduled for Saturday, October 23, from 8 am to
12 noon at the West Covina High School.
Mayor Howard requested Councilmember Herfert to work with her
on establishing standing rules for the City Council. The ad hoc
committee will report back in two weeks and, if necessary, will
extend it longer at that point.
COUNCILMEMBERS' REPORTS
1) ENA with Suburban Water Systems —
Mavor Pro Tern Melendez
Mayor Pro Tern Melendez requested that this item be held
over until the next Council meeting.
2) Lemon Avenue Connector Road —
Councilmember Herfert
Public Services Collier gave a brief staff report on the
history of the concept of a connector road across the slopes
at the landfill, connecting into the City of Walnut. Discus-
sion followed.
Motion by Herfert and seconded by Touhey to send
a letter to the City of Walnut requesting their thoughts
about a connector street at this time. Motion carried 5-0.
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3) Sale of Fireworks in the City of West Covina for the
Millennium — Councilmember Touhev
This item was taken earlier in the meeting.
4) Expanded Insurance for Councilmembers —
Councilmember Touhev
Councilmember Touhey stated that this report does not
address the information he was seeking. He referred to his
memo dated August 25, 1998 that covered a variety of
issues. He requested that this item be placed on the next
City Council meeting Agenda.
5) Gateway to West Covina — Azusa Avenue Beautification
Proiect — Councilmember Touhev
Councilmember Touhey elaborated on the staff report and
presented his ideas for improving Azusa Avenue.
Motion by Herfert and seconded by Touhey to
direct staff to research possible funding sources and report
back at the next Council meeting. Motion carried 5-0.
Councilmember Herfert reported that Colleen Janssen did in fact
obtain a business license the day after the last City Council
meeting.
In response to Councilmember Herfert's question re former
employee Basil Panas, City Manager Hobbs stated that as procla-
mations fall under the auspices of the Mayor, he would bring the
subject matter up at the next Mayor/Mayor Pro Tem meeting.
Councilmember Herfert requested staff to agendize on the next
Council Agenda Toys for Tots Campaign for Personnel
Commissioner Carlos Thrasher.
Councilmember Herfert complimented Councilmember Touhey,
and the committee, for the work on the golf tournament fundraiser
for the upcoming 1999 City Rose Float entry. He also extended
kudos to Acting Community Services Director Bommarito and her
staff.
Councilmember Touhey thanked the volunteers who helped
all day with the tournament.
Councilmember Wong expressed some ambivalence on the
insurance issue and is interested in leaming how other cities handle
this.
CITY MANAGER'S REPORT City Manager Hobbs reported that the City rebid the street main-
tenance contract and the low bid came in at $7,000 less than the
current contract with a higher level of service. That contract award
will be scheduled before Council at the next meeting.
ADJOURNMENT
:Attest:
City Clerk Janet Berry
Motion by Herfert and seconded by Wong to adjourn the meeting
at 10:17 pm. Motion carried 5-0.