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10-13-1986 - Regular Meeting - MinutesIs • • 41 �J M I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL October 13, 1986 The regular meeting of the City Council of West Covina was called to order by Mayor Shearer at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Councilmember Bacon and the invocation was given by Reverend Robert Beckstrom of Trinity Lutheran. ROLL CALL Mayor Shearer, Mayor Pro Tem Chappell, Councilmembers Manners, Bacon, Tennant Others Present: Fast, Terzian, Thomas, Miller, McClelland, Holmes, Wylie, Penfield, Yoshizaki, Markham, Fry, Berry APPROVAL OF MINUTES Motion by Chappell, seconded by Tennant, and unanimously carried to approve the following minutes: Adjourned regular meeting of 9/22/86 Regular meeting of 9/22/86 Adjourned regular meeting of 10/6/86 PRESENTATIONS Mayor Shearer proclaimed the following weeks and presented the proclamations to appropriate representatives: Proclamations RED RIBBON WEEK - 10/27/86 - 11./3/86 received by Eric Kianpour and Matt Valencia DOMESTIC VIOLENCE AWARENESS WEEK - 10/6/86 - 10/12/86 received by Maria Quintanilla NATIONAL BUSINESS WOMEN'S WEEK - 10/19/86 - 10/25/86 received by Kathy Jackson AGENDA COMMUNICATIONS No comments offered. CONSENT CALENDAR Written Communications Request received from American Diabetes Association for a parade permit to conduct a Bike Ride Against Diabetes scheduled for October 19, 1986, between 9:00 am and 5:00 pm (staff recommends approval, subject to standard conditions) Commission Summaries of Actions Planning Commission - 10/1/86 Recreation and Park Commission - 10/6/86 Human Resources Commission 9/25/86 Transition/Waste Management Commission - 9/18/86 ABC Applications (Police Chief reports no legal basis for protest) Vicorp Restaurants Inc. dba BAKERS SQUARE 132 North Grand Avenue Hungry Tiger Inc. E1 Torito Restaurants Inc. dba REUBEN'S 2200 E. Garvey Avenue dba EL TORITO 3133 E. Garvey Avenue - 1 - CITY COUNCIL MINUTES October 13, 1986 Page Two Grace Restaurant Co. dba REUBEN'S/COCO'S 531 California Avenue • Grace Restaurant Co. dba CHARLEY BROWNS 3041 E. Garvey Avenue Claims for Action (deny and notify claimant) • On June 3, 19.86, a claim for damages.amounting to $75.00 was received by the City Clerk's Office from Mark Kuznitz. On July 22, 1986, a claim for personal injuries was received by the City Clerk's Office from Sylvia Espinosa. The amount had not been determined at time of filing. On September 10, 1986, a claim for damages amounting to $10,000,000.00 was received by the City Clerk's Office from Leroy and Carol Lydeen. On September 29, 1986, a claim for personal injuries amounting to $150,000.00.was received by the City Clerk's Office from William J. Pouch. Temporary Use Permits (receive and file) TUP. No. 1686-86 was issued to St. Christopher Church for their annual fiesta to be held October 3 - 5, 1986. Acceptance of Improvements and/or Release of Bonds SP 86123 - Location: Citywide VERNON PAVING COMPANY Staff recommends accepting resurfacing and releasing the Faithful Performance Bond in the amount of $302,722.50. Parcel Map 8647 - Location: Plateau Drive at Vanderhoof • BRUCE MULHEARN Staff recommends accepting public works improvements and releasing Faithful Performance Bond in the amount of $28,400. Precise Plan 774 - Location: Sunset at North Garvey WATER BED GALLERY Staff recommends acknowledging completion of grading and releasing New City Bank Letter of Credit No. 5 in the amount of $8,800. Tract 43819 - Location: Northwest corner of Orange and Francisquito HOLGUIN AND ROBLES Staff recommends accepting public works improvements and releasing Omni Bank Letter of Credit in the amount of $7,100. MP 86115 - Location: Southwest corner of West Covina Parkway & Vincent AL -MAC LANDSCAPE Staff recommends accepting landscaping and releasing Faithful Performance Bond in the amount of $13,792.50, subject to Notice of Completion procedure. TP 87118 - Location: Citywide G.M. SIGNS, INC. Staff recommends accepting bus stop shelters and releasing Faithful Performance Bond in the amount of $120,950.00, subject to Notice of Completion procedure. MP 87204 - Location: West side of Sunset, south of Workman DE ARMOND CONSTRUCTION Staff recommends accepting park improvements and releasing Faithful Performance Bon in the amount of $94,409.50. • - 2 - • l� CJ CITY COUNCIL MINUTES October 13, 1986 Page Three Miscellaneous Public Works a) Miscellaneous Transfer Drain No. 1144 (adopt resolution; RESOLUTION I10..7244.- A RESOLUTION.OF THE CITY Resolution 7244 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Miscellaneous Transfer REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES Drain No. 1140 COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIE TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DP.AIN .IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER.DRAIN NO. 1144 IN THE CITY OF . WEST COVINA FOR FUTURE OPERATI0N, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER A14D CONVEYANCE THEREOF b) Quarterly Construction Activity Report (receive & file) Status report. Ordinance for Adoption (waive reading and adopt) Ordinance 1733 - ORDINANCE NO. 1733 - AN ORDINANCE OF THE CITY COUNCIL OF Speed limit amendment THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-13,- OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS Bid Openings a) PIP 87131 - Relocation of Sanitary Sewer Council reviewed staff's report. Recommendation is to MP 87131 - accept the bid of Beecher. Construction Company, West BEECHER CONSTRUCTION CO. Covina, in the amount of $22,610 and authorize the Mayor and City Clerk to execute an agreement. b) WP 87107 - Reservoir No. 2 Landscape Improvements • WP 87107 - Council reviewed staff's report Recommendation is to Reservoir No. 2 authorize the readvertisement of said project and readvertisement approved extend date of bid opening to October 21, 1986. c) MP. 87166 - Detention Basin Maintenance MP 87116 - Council reviewed staff's report. Recommendation is to De-ARMOND CONSTRUCTION accept the bid of DeArmond Construction, Fontana, in the amount of $9,200 and authorize the Mayor and City Clerk to execute the appropriate agreement. d) SP 87170 - Citywide Street Maintenance & Rehabilitation, SP 87170 - Council reviewed staff's report. Recommendation is to INDUSTRIAL ASPHALT accept the bid of Industrial Asphalt, -Irwindale, in the amount of $210,974.00 and authorize the Mayor and City Clerk to execute the appropriate agreement. Miscellaneous a) School Drug Abuse Prevention Support Supporting prevention Council reviewed staff's report. Recommendation is to of school drug abuse authorize the Mayor to send a letter to'the District Attorney and the School Superintendent supporting their school drug abuse prevention program. - 3 - • CITY COUNCIL MINUTES October 13, 1986 Page Four,. b) Fireworks Display at West Covina High School Council reviewed staff's report. Recommendation is to approve the request for a fireworks display at the West Covina High School on October 24, 1986. CONSENT CALENDAR MOTION Motion by CHappell, seconded by Manners to waive further reading of the resolutions and ordinances and adopt, and to approve all other items listed on the Consent Calendar. • Motion carried by roll call vote: AYES: Tennant, Bacon, Manners, Chappell, Shearer NOES: None PUBLIC HEARINGS No hearings scheduled for this meeting.' PUBLIC WORKS DIVISION 1) SP 87165 - MERCED AVENUE SIDEWALK Council reviewed the Engineer's Report. SP 87165 - Merced Avenue Motion by Chappell, seconded by Bacon, and unani-. sidewalk mously carried to hold over the matter until the next regular City Council meeting by request of some of the effected property owners for their spokesperson to be in attendance. 2) SP 87165 - BARRIER REMOVAL (SIDEWALK) Council reviewed Engineer's Report. SP 87165 - matter held over Motion by Bacon, seconded by Tennant, and unani- mously carried to hold over the matter until the next regular City Council meeting as it relates to the above item. • COMMUNITY SERVICES DIVIST.ON HUMAN RESOURCES DEPARTMENT 1.) ANNUAL HOUSING ASSISTANCE PLAN Council reviewed staff's report. Motion by Chappell, seconded by Manners, and unani- Annual Housing Assistance mously carried to approva the 1986/37 Annual Housing Plan. Assistance Plan and direct staff to submit the plan to the Department of Housing and Urban Development. OFFICE OF COMMUNITY SERVICES 1). 1986 SUMMER CONCERT SERIES Council reviewed staff's report. Summary of 1986 Summer_ Motion by Chappell, seconded by Bacon, and unani- Concert Series mously carried to receive and file the report. 2) RENAMING OF THE TRANSITION/WASTE MANAGEMENT COMMISSION Council reviewed staff's report. Transition/Waste Motion by Chappell, seconded by Shearer to leave Management Commission the name of the commission as it is. A substitute name motion was offered by Manners to drop the word "transition" from the name of the commission. The motion died for lack of a second and discussion • commenced on the first motion. - 4 - • CITY COUNCIL MINUTES October 13, 1986 Page Five Renaming Transition/Waste Councilmember Manners referenced the Municipal Code Management, Commission (cont) Section defining the duties of the commission. She felt the word "transition" was superfluous and had no problem granting the commission's request. Councilmember Bacon questioned the reason for the request and supposed it wa3 because the commission felt the council was interested in sunsetting the commission. Mr. Bacon felt there was still plenty • of work to be done by the commission and believed the word "transition." should remain as part of the commission's title. Councilmember Tennant agreed and added further that he had .talked to several people about deleting the word from the title. The response was negative. He was told that including the word in the title assured the residents that Council. was serious about transitioning the BKK Landfill into some other kind of.land use. If the word .was: deleted, their fears of never.closing'the landfill seemed real and would "appear Council never really intended to do any transitioning at all. Therefore, the inclusion of "transition" is a show of good faith and should remain. Mayor Shearer pointed out that the title of the commission came from the the transition task force and Council added the matter of waste management to the commission's charge of addressing transitioning. Council voted on the motion -to leave the name of the commission as it is. The motion carried by the.following vote: AYES: Tennant, Bacon, Chappell, Shearer NOES: Manners 3) CITY AUTHORITY OVER LANDFILL • Council reviewed staff's report. City Authority over Landfill Motion by Manners, seconded by Shearer to approve Class III disposal_ the Transition/Waste Management Commission's recom- mendation to urgently request assistance from the. City Attorney to.clarify the City's authority over the Class III disposal area. Motion carried by the following vote: . AYES: Bacon, Manners, Shearer NOES: Tennant, Chappell OPERATIONAL SERVICES DIVISION OFFICE OF THE CITY CLERK 1) DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Council reviewed staff's report. City Attorney presented: Resolution 7245 - RESOLUTION NO. 7245 - A RESOLUTION OF THE CITY Destruction of certain COUNCIL OF THE CITY. OF WEST COVINA, CALIFORNIA, documents AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Motion by Manners, seconded by Bacon, and unani- mously carried to waive.further reading of the reso- lution and to adopt. CJ - 5 - • 1 • • i • CITY COUNCIL MINUTES October 13, 1986 Page Six PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) REQUEST FOR SOLE SOURCE PURCHASE OF LASER FINGERPRINT SYSTEM Council reviewed staffs report. Motion by Chappell, seconded by Bacon, and unani- Laser Fingerprint Unit mously carried to authorize•the Police Department to purchase the Laser Fingerprint Unit with standard accessories in an amount not to exceed $12,000. Also, that formal bidding be'dispensed with according to West Covina Municipal Code Section 2-334 in that bidding maybe dispensed with when ... commodity can be obtained from only one vendor . and ... in any individual instance..upon finding that it would be impractible, useless or uneconomical in such instance to .follow such procedures and that the public welfare would be promoted by dispensing with it. CITY ATTORNEY No items scheduled for this meeting. REDEVELOPMENT_ AGENCY MEETING Mayor Shearer recessed the City Council meeting at 8:15 pin to convene the Redevelopment Agency meeting. The City Council reconvened at 8:19 pm. CITY MANAGER 1) MODIFICATION TO INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES Council reviewed the staff report. City Attorney presented the following resolution: Resolution 7246 - RESOLUTION NO. 7246 - A RESOLUTION OF THE CITY ICRMA JPA Amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES Motion. by Chappell, seconded by Manners, and unanimously carried to waive further reading of the resolution and to adopt. 2) LANDFILL DISPOSAL FEE INCREASE Council reviewed the staff report. City Attorney presented: Resolution 7247 - RESOLUTION NO. 7247 - A RESOLUTION OF THE CITY Landfill disposal fee COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, increase AMENDING RESOLUTION NO. 7210 APPROVING THE MAXIMUM RATES FOR NONHAZARDOUS WASTE DISPOSAL AT THE BKK LANDFILL IN WEST COVINA Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and to adopt. . APPROVAL OF DEMANDS Motion by Chappell, seconded by Manners to approve Demands totaling $1,867,932.27 as listed on Check Reigsters FI 82989 through 83388. Motion carried by roll call vote: AYES: Tennant, Manners, Bacon, Chappell, Shearer NOES: None — 6 — • CITY COUNCIL MINUTES October 13, 1986 Page Seven OPAL COMMUNICATIONS Lolly Bergman,,426 S. Leaf, spoke in regards to the ballot measure on the November 4 ballot. She noted that four of the Councilmembers signed the ballot argument favoring the City Treasurers position to be changed from an elected position to an appointed position. She felt that an argument against the measure would be appropriate and requested the Council to formulate one and publish • it in the paper. Council discussed and ultimately denied the request. MAYOR'S REPORTS Proclamation Mayor Shearer proclaimed -the month of October, 1986, as ADOPT -A -DOG MONTH. Citizens' Committee on Public'Servi.ces and Facilities Mayor Shearer suggested each coucnilmember review the list of people interested in serving in this committee and submit a list of five individuals and one alternate.. Mayor Shearer mentioned Glenn Buckingham's retirement Glenn Buckingham party scheduled for October 19, 1986. Motion by Shearer, seconded, by Bacon, and unanimously carried to have a resolution of commendation prepared for presentation by Councilmember Tennant at the party. COUNCILMEMBERS' REPORTS • Resolution 7248;_ • Removing Nancy Adin from T/W Mngt. Comm. Councilmember Bacon commenced a discussion on whether to retain Nancy Adin on the Transition/Waste Management Commission in light of her action regarding the transition plan and other prior incidents. Councilmember Tennant agreed that Commissioner Adin's appointment should be terminated. He also felt she had a conflict of interest in reviewing any matters regarding the BKK Landfill as she is a party to a lawsuit against the Landfill. Motion by Bacon, seconded by Tennant,to remove Nancy Adin from the commission. Further discussion by council indicated unanimous -.-- support of Councilmember Bacon's criticsm of Commissioner Adin's actions; however, Councilmember Manners indicated' that terminating,a commissioner's term was, a very grave matter, and that Council should simply not reappoint her in June, 1987. Mayor Shearer concurred with Council - member Manners' position. Mayor Pro Tem Chappell inquired as to whether the Commission could conduct its business with four members. The City Attorney responded affirmatively. The moticn to remove Nancy Adin from the Transition/ Waste Management Commission was carried by the following vote AYES: Tennant, Bacon, Chappell NOES: Manners, Shearer City Attorney presented: RESOLUTION NO. 7248 = A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TERMINATING THE APPOINTMENT OF NANCY ADIN TO THE TRANSITION/WASTE MANAGEMENT COId4ISSION - 7 - • I 11 • L� CITY COUNCIL MINUTES October 13, 1986 Page Eight Motion by Bacon, seconded by Tennant to waive further reading of the resolution .and to adopt. Motion carried by the following roll call vote: AYES: Tennant, Bacon, Chappell NOES: Manners, Shearer Closed Session Mayor Shearer recessed the City Council meeting at 9:03 pm to conduct a closed session regarding personnel matters. The City Council reconvened at 9:40 pm. ADJOURNMENT Motion by Bacon, seconded by Manners, and unanimously carried to adjourn the meeting at 9:40 pm. ATTEST,\ City Clerk Helene M. Mooney M4brChester E. Shearer - 8 -