12-07-1999 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
DECEMBER 7,1999
The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:36 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Councilmember Touhey led the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmember
Herfert (arrived at 7:45 pm), Touhey, Wong
Others Present: Hobbs, Fields, Martyn, Collier, Hatch, Samaniego, Paul, Pidgeon,
Fox, Briley, Tucker, Mayer, Keating, Swink, Goetz, Fong, Chung,
Lennard, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of November 2, 1999
PRESENTATIONS With the assistance of Environmental Management Director
Samaniego, Mayor Howard presented Certificates of Recognition
to the fifth grade school winners of the Used Oil Recycling
Calendar Artwork Contest. The winners were:
Cover Amanda Vandenberg — Immanuel First Lutheran School
Jan. ' Fawad Malik —'Merlinda School
Feb. Sheila Duong — Orangewood School
Mar. Stephen Sufuentes — Monte Vista School
Apr. Yvette Reyes — Merlinda School
May Sara Avila — Dove Day School
June Camille Teodoro — Wescove School
July Allyson Kroneberger — Wescove School
Aug. Nicholas "Chris" Ibarra — Orangewood School
Sept. Ilia Kemble — West Covina Christian School
Oct. Lauren Langley — Christ Lutheran School
Nov. Christine Fischer — Cameron School
Dec. Christina Valdez — Merlinda School
Mayor Pro Tem Melendez presented a proclamation to Mr. Milke
of Christ Lutheran Church recognizing their 450' Anniversary.
HEARING EXTENSION OF INTERIM URGENCY ORDINANCE
ESTABLISHING A MORATORIUM ON THE KEEPING OF
WILD ANIMALS
Moratorium on wild animals City Clerk Berry verified the affidavit of publication. Mayor
Howard opened the hearing and Public Services Director Collier
presented the staff report. City Attorney Martyn stated that the
documentation provided to the Council at the last hearing on this
subject, November 2, 1999, is included into this evening's record
as well as two additional articles, which she presented. She added
that the purpose of the moratorium provides staff an opportunity to
study the appropriate kind of ordinance for the City.
Councilmember Wong asked about time limits regarding
animals being rescued. City Attorney Martyn stated that time limits
would be included in the permit portion of the ordinance.
Council Minutes of 12/7/99
Public Testimonv Mayor Howard asked for comments from the audience. The
following individuals addressed Council:
Robert Tafoya Robert Tafoya, 2214 Calle Jalapa, spoke favorably of the
ordinance, noting noise, smells, and safety issues surrounding wild
animals.
Debra Highducheck Debra Highducheck, 1034 Glendale Street, questioned the
• time period specified in the ordinance. She commented on the cur-
rent situation involving `Moe the Chimp.'
Janet Wingfield Janet Wingfield, 3854 Briar Path, Covina, suggested that
Moe is just like a little boy who needs to be back with his family.
David Cox David Cox, 1630 E. Portner, spoke as a former wild animal
trainer and stated that there is no reason for an animal such as
`Moe the Chimp' to live in a residential area and experts will say
the same thing.
Wayne Mathews Wayne Mathews, 1220 W. Carlton, spoke favorably for
returning `Moe the Chimp' back to West Covina to live with his
mother and father [the owners].
Jean Kirby Jean Kirby, 16141 Edna Place, Covina, suggested that if the
City Council does pass the ordinance being considered, then it
should be applied to all residents. She read a letter supporting
`Moe the Chimp' submitted by Susan Stewart who could not be
present at the meeting.
Testimony closed There being no others wishing to address the City Council, Mayor
Howard closed the public testimony portion of the hearing.
Council Discussion Councilmember Touhey acknowledged the emotional outpour for
`Moe;' however, there hasn't been much public sympathy for the
officer who sustained a hand injury from `Moe.' The officer lost
partial use of his hand. He spoke highly of the officers on duty
and the police department's handling of the situation. Had the
chimp hurt a child; the outcry would have been for the protection
of the child against the chimp.
Councilmember Wong concurred with Councilmember Touhey's
comments and added his own. He acknowledged everyone's con-
cern for the chimp's welfare and questioned returning it back to the
cage it was living in all these years. He cited Jane Goodall's
findings that chimps are social animals and live in packs of their
own kind. The California Department of Fish and Game stipulates
a 200 square foot cage for the keeping of a primate. The cage
`Moe' has lived in is about 10 feet long and 3 feet wide at one end
expanding to 10 feet wide at the other.
Councilmember Herfert echoed the comments of the previous
Councilmembers. He added that if the chimp had lived in his
neighborhood, he would have been concerned. The Council's con-
cerns are for the good of the entire neighborhood; the City has a
whole. Perhaps the Davis' should move to a rural area where there
would be more room for `Moe.'
Mayor Pro Tem Melendez noted that the Police Department's con-
• cem has always been for the residents and the City. The handling
of this situation by the media has been despicable. The welfare
and safety of the children and neighbors in the area are the main
concerns of the City Council.
Mayor Howard agreed with the other Councilmembers, noting that
it is Council's job to make tough decisions on behalf of all the
citizens of the City.
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Council Minutes of 12nlgg
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The City Clerk presented
Ordinance 2045 - ORDINANCE NO. 2045 — AN INTERIM URGENCY
moratorium re wild animals ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, EXTENDING INTERIM
URGENCY ORDINANCE NO. 2044 ESTABLISHING A
MORATORIUM ON THE KEEPING OF WILD ANIMALS
WITHIN THE CITY
Motion by Wong and seconded by Herfert to waive further
reading of the ordinance and adopt. Motion carried by roll call
vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
HEARING GENERAL PLAN AMENDMENT NO. HI 99-34 —
ZONE CHANGE NO. 667
City Clerk Berry verified the affidavit of publication. Mayor
Howard opened the hearing and 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 general plan amendment
and the zone change. The following addressed Council:
Tony Haisman Tony Haisman, representing the West Covina Chamber of
Commerce, related the Chamber's support for the project, citing
consistency with the current site use and furthering the City's goals
and future development.
Mayor Howard asked for comments in opposition and no one
addressed the City Council. She then closed the public testimony
Testimony closed portion of the hearing.
City Clerk presented:
Resolution 9739 - RESOLUTION NO. 9739 — A RESOLUTION OF THE
approving the gen. plan amend. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING GENERAL PLAN AMENDMENT NO.
III 99-34
Motion by Melendez and seconded by Herfert to waive
further reading of the resolution and to adopt.
City Clerk presented:
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE
Zone Change 667 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING ZONE CHANGE NO. 667 (Citrus/Work-
man)
Motion by Wong and seconded by Touhey to waive further
reading of the ordinance and introduce. Motion to adopt the
resolution and introduce the ordinance passed by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
HEARING SALE OF CITY OF WEST COVINA WATER SYSTEM —
TALLY OF VOTE AND CONSIDERATION OF SALE TO
Sale of City Water System City Clerk Berry verified the affidavit of publication. Mayor
Howard opened the hearing and Public Services Director Collier
presented the staff report.
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Council Minutes of 12/7/99
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Public Testimonv Leonard Mercado, 3508 Patricia Street and member of the Citizens
Against the Water Sale, thanked Council for the neighborhood
meetings to enlighten the residents of the sale. Without those
meetings, he felt the effected residents would not have received the
15% reduction.
Robert Tafoya, 2214 Calle Jalapa and founder of the Citizens
Against the Water Sale, also thanked Council for the informative
meetings. He acknowledged there were good and bad points re-
garding this, but appreciated the process. He thanked Mayor Pro
Tern Melendez for his unpopular stand opposing the sale. Mr.
Tafoya believed that opposition helped the residents receive a 15%
reduction rather than the initial 10% reduction.
There being no others wishing to address Council, Mayor Howard
Testimony closed closed the public testimony portion of the hearing.
Mayor Pro Tem Melendez explained his position on this matter.
He opposed the sale initially when.the proposal included a 10%
decrease in water rates. When the deal changed to a 15% re-
duction he then favored the sale of the water system to Suburban
Water Systems.
Councilmember Touhey clarified that the original proposal from
Suburban Water Systems had a sliding scale showing a greater
reduction in rates with a commensurate lower price value. The
option was left to the City Council to choose, and the Council
initially chose 10% because of the better price value to the City.
Councilmember Herfert noted that it was the City Council that put
forth a 15% rate reduction by a 4-1 vote of the Council. The key
issue on this matter revolved around educating the residents in the
area that would be voting on the issue.
The City Clerk reported on the results of the mail ballot election:
`Total votes in favor of the water system sale: 701
Total votes in opposition to the sale: 93
City Clerk Berry presented
Resolution 9740 - RESOLUTION NO. 9740 — A RESOLUTION OF THE
Results of Mail Ballot CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, RECITING THE FACTS AND CONFIRMING THE
RESULTS OF THE MAIL BALLOT ELECTION ENDING
DECEMBER 7, 1999, REGARDING THE SALE OF THE
CITY'S WATER SYSTEM
Motion by Touhey and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 5-0.
Councilmember Wong stated that the San Gabriel Valley Tribune
erroneously reported in today's paper that he wasopposed to the
water sale. He reiterated his position to clear up any misunder-
standings.
Motion by Touhey and seconded by Herfert to direct, staff to
prepare the necessary sale contract and supporting documents for
Council action as soon as possible. Motion carried 5-0.
Councilmember Wong thanked the Council sub -committee of
Touhey and Howard for their many hours of hard work on this
matter.
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Council Minutcs of 12M99
Recess
Mayor Howard recessed the City Council meeting at 8:40 pm to
convene the Redevelopment Agency for the purposes of
conducting the scheduled RDA public hearing. The City Council
reconvened at 9:03 pm with all members present.
• CONSENT CALENDAR Commission Summary of Actions (receive & file)
Personnel 9/8/99 and 10/13/99
Planning 11/23/99
Senior Citizens 11/11/99
Waste Management/Environmental Quality 11/18/99
Claims Against the City (deny & notify claimant)
On September 13, 1999 the City Clerk's Office received a cross
complaint from Alamo Car Wash for declaratory relief, implied
indemnity relief, implied indemnity, and contribution. The claim
amount had not been determined at the time of presentation.
Approval of Final Maps (waive reading & adopt resolution)
Grant of Easement for Utility Purposes in Favor of GTE California
Location: Barham Avenue to Azusa Avenue, crossing City -owned
open space lot 54 of Tract No. 33664.
Resolution 9741 - RESOLUTION NO.9741 — A RESOLUTION OF THE
GTE CA Inc. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A GRANT OF EASEMENT IN FAVOR OF GTE
CALIFORNIA INCORPORATED
Summary of Vacation of Excess Right -of -Way on Garvey Ave So.
Location: 680 sq. feet adjacent to a vacant lot.
Resolution 9742 - RESOLUTION NO. 9742 — A RESOLUTION OF THE
Garvey Avenue South CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, VACATING AND ABANDONING A PORTION OF A
STREET WHICH IS EXCESS RIGHT-OF-WAY (Garvey Avenue
South)
Parcel Map No. 25106 — Approval of Final Map
Subdivider: Joseph K. and Inez Eichenbaum Foundation
Location: Garvey Avenue North, east of Barranca Avenue.
Resolution 9743 - RESOLUTION NO. 9743 — A RESOLUTION OF THE
"Restaurant Row" CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
25106 AND DIRECTING THE RECORDATION THEREOF
(Joseph K. and Inez Eichenbaum Foundation)
Acceptance of Improvements/Release of Bonds
Precise Plan No. 814 — Parking Lot Improvements
Developer: Citrus Valley Health Partners
• Location: 820 Phillips Street.
Recommendation is to accept onsite improvements and
release Cash Deposit Performance Bond, Cash Receipt No. 17525
in the amount of $47,000.00.
Traffic Committee Minutes (accept and file)
Minutes of the regular meeting held November 16, 1999.
Council Minutes of 12n1gq
Award of Bids
1999-2000 Street Rehabilitation Program — Project SP 00114
SP 00114 - Recommendation is to approve the award of bid for SP 00114 as
All American Asphalt Company follows:
* Transfer the following funds to SP 00114:
Account Fund
Amount
SP 00108: 131-320-3039-7200 CDBG
$90,000
SP 00108: 152-320-3039-7200 BKK
100,000
Salary savings FY 99/00:
124-320-2230-5111 Gas Tax
110,000
TOTAL TRANSFERRED
$300,000
Accept the bid of All American Asphalt, Corona, in the
amount of $277,885.00 as submitted at the bid opening on
November 29,1 999 and authorize the Mayor and City
Clerk to execute an agreement for the work to be done.
Public Relations consultant Services Related to a Dangerous and
Wild Animal Belonging to Mr. and Mrs. Davis
Public Relations - Recommendation is to approve a contract in the amount of $15,000
Read Communications with Read Communications to be paid from the Non -Departmental
Reserve Appropriation Account 110-304-2640-6900.
Miscellaneous — Public Services
SP 00102 —Street Barrier Removal —
Approval of Plans and Specifications
SP 00102 - Recommendation is to approve the plans and specifications for SP
Plans & specs approved 00102 (construction of wheelchair ramps at various locations) and
authorize the City Engineer to call for bids.
Location Designation for Traffic Signals
Street names re: traffic signals Recommendation is to designate the traffic signal on Amar Road
east of Azusa Avenue as Amar Road and Shoppers Way and
designate the traffic signal on Azusa Avenue north of Amar Road
as Azusa Avenue and Shoppers Way.
Public Input on Traffic Committee Items
Traffic Committee input Recommendation is to receive and file the staff report.
City National Pollution Discharge Elimination System —
NPDES Budget Recommendation is to authorize participation in the Year 2000
Countywide Storm Water Advertising Campaign at a cost of
$3,988.85.
Census 2000 Complete Count Committee
Census 2000 Committee Recommendation is to approve the appointment of the nominees
listed in the staff report attachment "Census 2000 Complete Count
Committee December 7, 1999 Nomination List," authorize co-
sponsorship of the grand opening event in addition to the set-up
• and use of the Show Mobile, public address system, podium, 250
chairs, and barricades, and authorize use of the City Hall Annex on
an as needed, as available basis.
Renewal of the Citywide Lighting and Maintenance District and
Landscape Maintenance District Nos. 4, 6, and 7 —
Ordering of the Engineer's Reports
Maint. Dists. - Recommendation is to adopt the following resolutions:
Council Minutcs of 12M99
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Ordering the Reports A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT IN
ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4,
CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT
OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, ORDERING CER-
TAIN LANDSCAPING AND LIGHTING MAINTENANCE IN
THE CITY OF WEST COVINA FOR THE SUBSEQUENT
FISCAL YEAR COMMENCING JULY 1, 2000 (West Covina
Citywide Lighting and Maintenance District)
MD #4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE CONFIRMATION OF THE WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 4's LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE LAND-
SCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
2000-2001 (West Covina Landscape Maintenance District No. 4 —
2000/2001)
MD #6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE CONFIRMATION OF THE WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 6's LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE LAND-
SCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
2000-2001 (West Covina Landscape Maintenance District No. 6 —
2000/2001)
MD #7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE CONFIRMATION OF THE WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 7's LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE LAND-
SCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
2000-2001 (West Covina Landscape Maintenance District No. 7 —
2000/2001)
Miscellaneous — Community Services
Results of Fourth of Julv Surve
Fourth of July Survey Recommendation is to:
* Receive and file the results of the survey; and
* Authorize the Mayor to join the West Covina Elks lodge in
co-signing a letter to businesses requesting their financial
support to raise funds for the fight against Muscular
Dystrophy.
Reconciliation of 1999/2000 CDBG Action Plan
Recommendations Into 1999/2000 Adopted Budget
Reconciliation/CDBG Action Plan Recommendation is to:
* De -obligate the current allocation of CDBG funds for
public service programs in the amount of $222,691 as
shown on the accounts on Table A of the staff report; and
* Appropriate $250,000 per the 1999/2000 Action Plan for
CDBG Public Services as approved by the City Council on
May 18, 1999. The appropriation request as shown in
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Council Minutes of 12/7/99
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Table A includes $225,000 from the annual Action Plan
allocation and $25,000 from 1998/99 unspent appro-
priations.
Miscellaneous — Finance Department
Approval of Demands
Process for Demands Recommendation is to authorize the Finance Director to process
and release demands in accordance with the regularly scheduled
December 21, 1999 schedule, and to present the related demand
register to City Council for ratification at the January 4, 2000 City
Council meeting.
Miscellaneous — Redevelopment Agency
Second Amendment to Lease Agreement Between
Agency and City — The Lakes Project
Lot Line Adjustment — The Lakes Recommendation is to approve the Second Amendment to the
Lease Agreement, which acknowledges the Agency authorization
of a lot line adjustment for the parking parcels of Edwards and
Watt.
Miscellaneous — City Manager's Office
Televising Commission Meetings
Recommendation is to approve televising the following City Com-
mission meetings:
* Planning Commission — Regular meetings (12 ) from
January 2000 to June 2000.
* Community Services Commission — CDBG Hearing
meetings (3) and two general meetings.
* Sr. Citizens' Commission — CDBG Hearing meetings (3).
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Howard to waive further
reading of the resolutions and adopt, and to approve all other items
listed, except: B-3c, B-7b, B-7c, B-7e, B-7f, and B-7j. Motion
carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
Item B-3c In relation to Item B-3c (Parcel Map 25106 Approval), Mayor Pro
Tem Melendez noted his support for the adoption of the resolution
and reported that renovation work needs to be done at Restaurant
Row. He asked the City Manager to review the situation and
report back with recommendations to deal with the problems that
exist.
City Clerk Berry read the heading of Resolution No. 9743.
Motion by Touhey and seconded by Melendez to waive further
reading of the resolution and adopt. Motion carried 5-0.
Item B-7b In relation to Item B-7b (Location Designations for Traffic
Signals), Councilmember Wong requested that this item be held
over to have staff seek suggested names from those in the area, as
those recommended in the staff report were not very exciting.
Motion by Wong and seconded by Melendez to hold over
this item and direct staff to seek further suggestions. Motion
carried 5-0.
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Council Minutes of 12/7/99
Item B-7c In relation to Item B-7c (Public Input on Traffic Committee Items),
Councilmember Herfert supported the recommendations in the
staff report as he was very interested in getting more human input
to the traffic situations in West Covina. He mentioned the current
project on Cameron Avenue and the lack of notice to the residents
in the area.
• City Manager Hobbs agreed that notices should have gone
out to that neighborhood. Public Services Director Collier
reviewed the project and City Engineer Mayer responded to
comments regarding the depth to which the street had been
removed for reconstruction.
Motion by Wong and seconded by Howard to receive and
file the staff report. Motion carried 5-0.
Item B-7e In relation to Item B-7e (Census 2000 Committee), Council -
member Wong stated that he had forwarded the name of Rickie
Santell to be included on the committee and her name was not on
the list.
Public Services Director Collier stated that staff will be
reporting again at the January 4, 1999 meeting with additional
nominees and Mrs. Santell will be on the list by that time.
Councilmember Herfert left the meeting at 9:27 pm.
Motion by Wong and seconded by Touhey to approve the
staff recommendations, adding Rickie Santell's name to the list of
December 7, 1999 Nomination List. Motion carried 4-0-1 with
Herfert absent.
Item B-7f In relation to Item B-7f (Ordering the Engineer's Report
Regarding Maintenance Districts 4, 6, and 7), Councilmember
Touhey requested that this item be held over to give him time to
meet with staff. Councilmember Wong stated that because he
lived within MD No, 7, he would abstain from the discussion and
vote on this item in compliance with conflict of interest laws.
Motion by Touhey and seconded by Howard td hold over
this item until the next Council meeting. Motion carried 4-0-1-1
with Herfert absent and Wong abstaining.
Item B-7j In relation to Item B-7j (Lease Regarding RDA, the City, and The
Lakes Project), Councilmember Wong stated that his family
business is within 300 feet of the project area and consequently
would have to abstain from the discussion and vote of this item.
Motion by Touhey and seconded by Melendez to approve
the Second Amendment to the Lease Agreement, as recommended.
Motion carried 3-0-1-1 with Herfert absent and Wong abstaining.
Recess Mayor Howard called a recess at 9:40 pm. The City Council re-
convened at 9:57 pm with all members present.
PUBLIC SERVICES No reports for this meeting.
is ENVIRONMENTAL MANAGEMENT
U.S. EPA's BKK LANDFILL CONTAMINATED GROUND-
WATER REMEDIATION SCHEDULE
BKK Landfill Environmental Management Director Samaniego presented the
staff report. Councilmember Touhey suggested having representa-
tives from Congressman Drieir's office and Congressman Miller's
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Council Minutes of 12/7/99
office attend future meetings with the EPA to see the difficulties
experienced by the City in obtaining deadlines and action from the
EPA.
Carmen Santos -Prior Carmen Santos -Prior, U.S. EPA, clarified the portions of the
process under the responsibility of the DTSC and those of the
EPA. A discussion ensued with Mrs. Santos -Prior regarding the
time period for appeal by BKK once BKK has received the draft
schedule for implementing groundwater remedial action at the
landfill site. She indicated that there was no set appeal time.
Additional questions and answers followed.
Larry Bowerman Larry Bowerman, U.S. EPA, offered additional comments
regarding the ability of BKK to appeal or invoke a dispute resolu-
tion at any time and the U.S. EPA's intention to resolve it as
quickly as possible.
Mayor Howard referred to the U.S. EPA's letter of
December 1, 1999 in which it states that the U.S. EPA "anticipates
that the public notice for the remedy decision will be issued in
December 1999 or January 2000" and asked if that schedule
remained true. Mr. Bowerman answered in the affirmative.
Mayor Howard requested Mr. Bowerman to inform the
City Council if there is going to be a delay in the process beyond
January, 2000. Mr. Bowerman answered in the affirmative.
Mrs. Santos -Prior corrected a prior statement regarding
time frames. From the time the EPA makes its decision, there is a
fourteen -day time period in which BKK can submit a dispute
resolution.
Additional Council comments followed regarding the
length of time it has taken the EPA to move forward on this issue.
Mayor Howard noted that the City has a commitment from
the U.S. EPA to notify the City Council two weeks prior to the end
of January, 2000 if indeed it is not progressing as scheduled. If
that occurs, the EPA will be asked to return.
Royal Brown Royal Brown, 2153 Aroma Drive, reminded the Council of an up-
coming meeting with DTSC scheduled for December 15, 1999 at
7:00 pm in the City Hall Community Room regarding the permit
process.
Council Discussion Councilmember Herfert commented that groundwater contami-
nation has gone back eleven years and we are no closer now then
we were then to getting it cleaned up. He agreed with Council -
member Touhey's earlier comment in seeking assistance from our
Congressmen. He asked Special Counsel Lennard to inform the
City Council on their options to expedite this process. Mr. Herfert
planned to address this issue on a quarterly basis.
Mayor Howard concurred with Councilmember Herfert's
comments. Councilmember Wong agreed with seeking a speedy
resolution.
Motion Mayor Howard added the following item to the recommendations -
that it is further noted that the U.S. EPA has consented to inform
the City no later than January 15,2000 if the remedy decision will
not be completed by the end of this month.
Motion by Herfert and seconded by Melendez to approve
the recommendations to ask the EPA to:
* place in their new corrective action order, a clear
and concise expedited time schedule for remedy
implementation by BKK, including EPA's turn -around
times of reviews and approvals; and
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Council Minutes of 12M99
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Re -Using Concrete & Asphalt
Royal Brown
* recommend that DTSC incorporate the same type of
expedited time schedule into their permit, if the permit is
modified for remedy implementation.
Motion carried 5-0, including the item added by Mayor Howard,
Mayor Pro Tern Melendez noted that he was pleased that Council
was moving forward in a united fashion on this item and hoped
that the rest of Council would attend the December 15a' meeting.
Mrs. Santos -Prior stated that on behalf of her agency, the EPA is
doing its best to resolve an issue that was begun many years ago.
Councilmember Herfert disagreed with the efforts made thus far by
the EPA.
RE -USE OF PROCESSED CONCRETE AND ASPHALT
FOR CITY STREET RECONSTRUCTION PROJECTS
Environmental Management Director Samaniego presented the
staff report.
Royal Brown, 2153 Aroma Drive, commented that the County
Public Works has staff members dedicated to encouraging cities to
implement just this type of program.
Motion by Wong and seconded by Touhey to authorize staff to
again analyze the use of recycled concrete, asphalt and road base
material for City street rehabilitation projects with the possibility
of establishing an ordinance to promote these forms of recycling.
Motion carried 5-0.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 10:37 pm to
convene the Redevelopment .Agency. The City Council recon-
vened at 11:35 pm with all members present.
COMMUNITY SERVICES No reports scheduled for this meeting.
COMMUNICATIONS DEPARTMENT
REIMBURSEMENT TO MT. SAN ANTONIO COLLEGE
FOR OPERATION OF WCCT-TV, CATV CHANNEL 56
Reimbursement to Mt. SAC Communications Director Keating presented the staff report.
Motion by Wong and seconded by Melendez to take the
following actions:
* Authorize payment of $15,000 to Mt. San Antonio College
from the Community Information Account (110-320-2632-6120)
as reimbursement for Mt. SAC's operation of WCCT-TV, CATV
Channel 56 for the period July 1 through December 31, 1999; and
* Authorize the City Manager to enter into an Interim
Agreement with Mt. SAC for the continuation of such services at
the reduced level, on a month -to -month basis, pending resolution
of the City's CATV Franchise Agreement, at a cost not to exceed
$2,500 per month.
Motion carried 5-0.
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Council Minutes of 12/7/99
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY MANAGER'S OFFICE SECOND ANNUAL SAN GABRIEL VALLEY SURVEY
Assistant City Manager Fields presented the staff report.
The City Council discussed the available options, the cost
• for an over -sample, the cost of adding additional questions, and
whether the Rose Institute would redraft the City's questions into
proper, neutral formats.
Ronnie Jones Ronnie Jones, representing the NAACP, noted that there is a lack
of African/Americans reported in the Rose Institute survey results
from last year.
Assistant City Manager Fields was directed to contact the
director of the Rose Institute for a clarification of the demo-
graphics and report back to Mr. Jones.
Councilmember Touhey suggested Rose Institute conduct their
annual survey without additional questions/cost from West Covina
and the City could do its own survey.
Mayor Pro Tern Melendez felt a stand-alone survey by the City
would be more expensive than taking advantage of the opportunity
to add five questions to the Rose Institute's survey.
Motion Motion by Melendez to provide an over -sample and add up to five
questions at a cost of between $4,500 to $8,100. The motion was
seconded by Wong for purposes of discussion.
Councilmember Herfert expressed reservation about adding
questions to this survey, due primarily to a past survey done by the
Rose Institute.
Mayor Howard stated she was comfortable with the three
additional questions as suggested in the staff report.
Councilmember Wong liked the questions in the staff
report, but not in their current form. To receive good data from the
survey, if the Rose Institute would help design the questions, then
staff should move forward. If the Rose Institute will not help
format the questions, then forgo the additional questions this year.
Mayor Howard asked for a vote on the motion, noting that the size
of West Covina would indicate the higher cost end of $8,000.
Motion carried 3-2 with Herfert and Touhey voting no.
Councilmember Herfert felt the $8,000 could be better
spent in the community.
APPROVAL OF DEMANDS APPROVAL OF DEMANDS & WIRE TRANSFERS
Motion by Wong and seconded by Herfert to approve Demands
totaling $1,927,048.23 (of which $1,155,575.53 was transferred by
wire) as listed on check registers 189689 through 189968. Motion
carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: Herfert re payments to legal firms currently
under audit.
Touhey re payments to legal firms currently
under audit.
ABSTAIN: Touhey re Community Food Bank
Councilmember Herfert stated that he has resigned from the audit
committee and that both he and Councilmember Touhey would be
abstaining from the approval of payment to the law firms that were
currently being audited.
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Council Minutes of 12n199
ORAL COMMUNICATIONS George Ogden, 1249 S. Valinda Avenue, commented on the com-
puters being used by the Senior Citizens' Center during their
classes. He suggested their current 486 computers be .replaced,
perhaps through a grant or the cable company. The approximate
cost to replace all twelve computers would be about $6,000.
Bruce Leinbach, 1308 Sandy Hill Drive, requested Council to
• reconsider the placement of Oral Communications on the Agenda.
It is too late in the evening forresidents to wait to speak to the City
Council. He related the results of a survey he took of surrounding
cities to find out when those City Councils receive comments.
Councilmember Wong noted that the Brown Act permits
action on items listed on the Agenda only; therefore, the current
Council process allows those people seeking action on agenda
items to speak first and to speak at the time the item is being
considered. Comments on items or issues not on the agenda and
requiring action on the part of Council would have to be referred to
staff and brought back at a later time. Citizens can avoid waiting
at Council meetings by writing a letter requesting the same
consideration. Other cities take all comments at the beginning of
the meeting and that requires Council to remember comments late
in the evening which were made earlier.
Mayor Howard noted that she has moved Oral Communi-
cations up when it can be done and tries to be fair about the whole
process.
MAYOR'S REPORT NOMINATION TO THE SAN GABRIEL AND
LOWER LOS ANGELES RIVERS AND MOUNTAINS
CONSERVANCY BOARD
Mayor Pro Tern Melendez presented this issue as he is the repre-
sentative to the San Gabriel Valley Council of Governments.
City Clerk Berry presented
Resolution 9744 - RESOLUTION NO. 9744 — A RESOLUTION OF THE
nominating Margaret Clark CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SUPPORTING THE NOMINATION OF ROSEMEAD
MAYOR PRO TEM MARGARET CLARK FOR THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS' RIVERS
BOARD SEAT ON THE SAN GABRIEL AND LOWER LOS
ANGELES RIVERS AND MOUNTAIN CONSERVANCY
Motion by Melendez and seconded by Touhey to waive
further reading of the resolution and adopt. Motion carried 5-0.
COUNCILMEMBERS' REPORTS
HERFERT — CHARTER COMMUNICATIONS —
REQUESTING SOCIAL SECURITY NUMBERS
Charter Communications Councilmember Herfert presented the report, noting that he would
prefer Charter Communications implement some other process for
verifying customer identification rather than requesting social
security numbers, which bothers some residents.
Mel Mathews Mel Mathews, Director of Government Relations for Charter Com-
munications, addressed Charter's policy and reasons for requiring
the social security number of its customers. Council discussed the
issue. Also discussed was Charter's alternative in which potential
customers would have to present another form of identification.
Currently they would have to present this at the Alhambra office.
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Council Minutes of 12/7/99
Council was not impressed with the alternative, using the
Alhambra office.
Motion by Melendez and seconded by Wong to receive and
file the report. Motion failed 2-3 with Herfert, Touhey, and
Howard voting no.
Herfert requested staff to contact Charter on how to
establish credit here in West Covina if they do not want to travel to
Alhambra.
On other matter, Councilmember Wong read a letter addressed to
him opposing the throwing of flyers on residential properties. First
it is very messy, and second it indicates to others that the owner
isn't home. The writer requested Council to look into the
situation and the matter was referred to staff.
CITY MANAGER'S REPORT City Manager Hobbs noted that a tentative study session has been
set for Tuesday evening, December 14, 1999, regarding the
development proposal for BKK site. He requested Council con-
currence on the time of the meeting. Mayor Hobbs was asked to
come back to Council with an alternate date.
CLOSED SESSION City Manager Hobbs stated that it was not necessary to hold a
closed session this evening.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 12:45 pm in memory of Guy Snyder, founding member of In-N-
Out Burgers and community contributor. Motion carried 5-0.
Aftest:
City Clerk Janet Be
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