01-17-1995 - RegularREGULAR MEETING OF THE CITY COUNCIL
WEST COVINA, CALIFORNIA
Tuesday 7:30 pm
January 17, 1995 City Council Chambers
AGENDA
Agenda material is available for review before the meeting at the City Clerk's
Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City
complies with the Americans With Disabilities Act (ADA). If you will need special
assistance at this meeting, the City will try to accommodate you in every reasonable
manner. Please call (818) 814-8433 (voice) or (818) 960-4422 (TTY) from 8 a.m. to
5 p.m. Monday through Friday for assistance. Please call at least 48 hours prior
to the meeting to inform us of your particular needs and to determine if
accommodation is possible. For sign language interpreter services or use of hearing
impaired aide at Council meetings, four working days may be required.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
PRESENTATIONS
A) HEARINGS
Dr. Kundan L. Peter
West Covina United Methodist Church
Regular meeting of December 6, 1994
Joint. meeting with Human Services
Commission of December 19, 1994
Jerry Silva, Edison Co. Presentation
Dr. Ong - Queen of the Valley
Hospital
1). Continued Public Hearing - Residential Light and Glare
rdinance (Amendment No. 262)
After callefigthy discussion at the previous City Council
meeting, held.on January 3, 1995, this item was continued
to tonight's.meeting. Staff recommends that the City
Council continue the public hearing for Amendment No. 262
to the meeting of February 7, 1995 to allow staff to do
additional research in response to comments from the City
Council.
Motion by 2nd by to
approve disapprove hold over
I certify that copies of the
Counell Agenda for the MeetMg
of —L I I - q S were Posted In
accordance with the 1/87 Brown
Act Amendments.
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City Council Agenda
January 17, 1995
B) AGENDA AND ORAL COMMUNICATIONS (30 minutes)
At this time the City Council will first receive comments on any,item (except
public hearing matters) found on the Agenda, including items on the Consent
Calendar. When recognized by the Mayor; please come forward to the podium
and give your name, address and Agenda item you wish to discuss. Your
comments may be addressed when the Agenda item is discussed by the council.
Upon conclusion of comments regarding agendized items, if the thirty minutes
allotted for citizen comments is not completed, comments on any other
municipal matter will be allowed. The Ralph M. Brown Act limits the City
Council's and staff's ability to respond to comments on non-agendized matters
at the time such comments are made. Thus, your comments may he agendized for
a future meeting or.referred to staff.
To assist us in properly recording your name or in contacting you, we ask you
to enter your name and address on the speaker's sheet at the podium. This
action is voluntary and is not a prerequisite to attending the meeting or
speaking to the Council.
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City Council Agenda
January 17, 1995
C) CONSENT CALENDAR
1) Written Communications
None received
2) Conmissions' Summary of Actions (receive and file)
a) Human Services .............. .............. 12/13/94
b) Planning ................................... ol/lo/95
3) Claims for Action (deny and notify claimant)
4)
5)
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a) Charles L. Gallant VB City of West Covina
On November 18, 1994, the City Clerk's Office
receive a claim for personal injuries. The amount
of claim had not been determined at time of
presentation.
b) James Arthur Windom III vs City of West Covina
.The City Clerk's Office received a claim for
personal injuries in excess of $5,000,000.00 on
November 10, 1994.
c) Elizabeth D. Stanford vs Citv of West Covina
On December 7, 1994, the City Clerk's office
received a claim for personal injuries amounting to
$100,000,000.00.
d) Manuel Hinolosa vs City of West Covina
On November 16, 1994, the City Clerk's Office
received a claim.for property damage amounting to
$165.00.
Acceptance of Improvements and/or Release of Bonds
City Project No. SP-94109 - Curb and Address Painting
I.P.S. Services
Recommendation is that the City Council accept
improvements and authorize release of Vigilant Insurance
Company Bond No. 89400597 in the amount of $37,800.00 to
I.P.S. Services, Inc., subject to Notice of Completion
procedure.
Ordinance for Adoption (waive reading and adopt)
At the January 3, 1995 City Council meeting an ordinance
was introduced and is before the City Council for
adoption. It'is recommended that the City Council adopt
the following ordinance:
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AMENDING SECTION 23-114 OF THE
WEST COVINA MUNICIPAL CODE, RELATING TO THE MAINTENANCE
OF HOUSE SEWER CONNECTIONS.
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City Council Agenda
January 17, 1995
C) :CONSENT CALENDAR (Continued)
6) City Treasurer's Reiport
City Treasurer's Report.for the month of November 1994.
7) Award of Bids
GP-95302 - Playground Modifications and Barrier Removal
at Del Norte, Galster, Gingrich, Shadow Oak and Walmerado
On December 9, 1994, five bids were received and opened
for this project which provides for playground
modifications at Del Norte, Galster, Gingrich, Shadow Oak
and Walmerado Parks. These modifications are necessary
to comply with the Americans with Disabilities Act (ADA) .
The lowest responsible bid was from Hondo Co. of Santa
Ana in the amount of $244, 996. 00. It is recommended that
the City Council accept the bid of Hondo Co. of Santa Ana
in the amount of $244,996.00, as submitted at the bid
opening on December 9, 1994, and authorize the Mayor and
City Clerk to execute an Agreement with said Hondo Co. of
Santa Ana for the work to be done.
8) Miscellaneous
Public Works
a) Ordinance Introduction: Badillo Street Speed Zone,
La Puente Road SDeed Zone
In order to implement the speed zones that the City
Council approved on January 3, 1995 as part of the
Traffic committee Minutes from December 20,. 1994,
it is necessary that the Municipal Code be amended
as required by the California Vehicle Code. It is
recommended that the City Council introduce the
following ordinances:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE SECTION 22-
131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO
INCREASES OF STATE LAW PRIMA. FACIE SPEEDS.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE SECTION 22-
132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO
DECREASES OF STATE LAW MAXIMUM SPEEDS.
b) Construction Activity Report
These reports are to provide the City Council with
a summary of major building construction activity
as reflected by issued Building Permits for the
quarter ending December 30, 1994, and Citywide
Construction Activity for the year ending December
30, 1994. It is recommended that the City Council
receive and file these reports.
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City Council Agenda
January,17, 1995
C) CONSENT CALENDAR (Continued)
8) Miscellaneous (continued)
Human Services DeDartment
a) Consumption of Alcohol Beverages in City Facilities
This report outlines the current City policy
regarding the consumption of alcohol in beverages
in City facilities and some options the City
Council may wish to pursue. It is recommended that
the City Council receive and file this report.
d) Minor Home Improvement Grants
The following report outlines the City's past
efforts with minor home improvement grant programs
and some options for the 1995-96 Community
Development Program. It is recommended that the
City Council refer this matter to the Human
Services Commission to consider for the 1995-96
Community Development Block Grant Program.
I
Waste Management Enforcement Agenc
e) Appropriation of Unappropriated Fund Balances for
the Waste Management Enforcement Agency (WMEA)
Enforcement Assistance Grant Fund of $14,774
The WMEA received an Enforcement Grant Fund in the
amount of $14,774 from the California Integrated
Waste'.�Management Board (CIWME). The WMEA is
required to establish a separate accounting for
assurance that the funds will be used only for the
support of the WMEA's permit and inspection
program. The WMFA needs Council's appropriation
approval prior to expenditure. It is recommended
that the City Council approve the above
appropriation as requested for the Fiscal Year
1994-1995.
Finance Department
f) Recovery of DUI Charges
The City is currently recovering DUI charges up to
the maximum allowed by law. Staff recommends that
the City Council receive and file this report.
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City Council Agenda
January 17, 1995
C) CONSENT CALENDAR (Continued)
D)
E)
ACTION ON THE FOREGOINGCONSENT CALENDAR ITEMS I THROUGH 8:
Motion by 2nd by
to waive further reading of the ordinance(s) and
introduce /adopt, as applicable, and to approve all items
listed
except
ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden
END OF CONSENT CALENDAR
PUBLIC WORKS SERVICES
1) "Children At Play" Siqns
,-.,-*t the City Council meeting on January 3, 1995, staff was
equested to supply more detailed information on
"Children�at Play" signs to assist the City Council in
its consideration of the Traffic Committee's
recommendation to continue the existing policy of only
installing approved traffic control devices on City
streets. It is recommended that the City Council approve
continuing the existing policy of only installing
approved traffic control devices on City Streets.
Motion by 2nd by to
approve disapprove hold over
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
1) BKK Landfill Data Supporting Abandonment of "KII Line Gas
Collection Wells and Responses to Mrs. Jean Arneson's
Questions
At the January 3, 1995 City Council meeting, the waste
Management Enforcement Agency was asked to obtain records
supporting that the abandoned K-line gas wells were not
producing any gas and to include a map of the 11K11 line
gas wells. It is recommended that the City Council
.receive and file this report.
Motion by
approve disapprove
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2nd by
hold over
to
City Council Agenda
January 17, 1995
F)
G)
H)
I)
J)
K)
ENVIRONMENTAL SERVICES
No items scheduled for this meeting.
COMMUNITY DEVELOPMENT SERVICES
Redevelopment Agenc
Recess the City Council meeting at _ p.m. to convene the
Redevelopment Agency meeting. Reconvene the City Council
meeting at p.m.
HUMAN SERVICES
No items scheduled for this meeting.
PUBLIC SAFETY SERVICES
No items scheduled for this meeting.
ADMINISTRATIVE SERVICES
No items scheduled for this meeting.
.GENERAL ADMINISTRATION
:-,P.ity Attorney
a) Closed session to discuss the following matter:.
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation
pursuant to Government Code §54956.9(a).
CITY OF WEST COVINA vs BKK CORPORATION
CONFERENCE WITH LEGAL COUNSEL - Anticipated
Litigation pursuant to Government Code §54956. 9 (c) .
One (1) case. City Council will be exploring the
possibility of litigation over BKKIS Financial.
Assurances.
b) Citv Cost Recovery for Graffiti Vandalism
This is a status report on the City Council's
request to review the City's cost recovery program
for graffiti vandalism and new laws enacted in
1994. It is recommended this report be received
and filed.
Motion by 2nd by to
approve disapprove hold over
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City Council Agenda
January.17, 1995
K) GENERAL ADMINISTRATION (Continued)
1) City Attorney (Continued)
C) BKK Class I and Class III Financial Assurance
The City Council has received updates on the status
of closure and post -closure financial assurances at
the BKK Landfill. This is an informational report.
2) City Manager
a) Implementation of AB 13
b)
On January i, 1995, AB 13 became effective
initiating a No -Smoking provision in all enclosed
places of employment. Included in the bill is a
provision for the City to become the local
enforcement agency by designating an enforcement
department. It is recommended that the City
Council designate the Police Department as the
City's Enforcement Agent for AB 13..
Motion by
2nd by
approve disapprove hold over
Business License Advisory Committee
to
On December 6, 1994, the City Council approved a
proposal to conduct a study of the City's business
license tax and business improvement tax
structures. A critical component of that study
involves working with an advisory committee of
local business owners and operators to ensure that
the study's results and recommendations are valid
and acceptable among the business community. It is
necessary to determine how this committee will be
selected. It is recommended that the City Council
determine the method of appointment to the
committee, as well as a date for the process to
conclude.
Motion by
to
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2nd by
City Council Agenda
January 17, 1995.
K)
L)
GENERAL ADMINISTRATION (Continued)
2) City Manager (Continuedi
C) BKK Litigation Budget
This report evaluates the status of the budget
originally established to fund the costs of the
litigation between the City and BKK Corporation to
enforce BKK's compliance with the terms of the
Memorandum of Understanding entered into in 1985.
Because litigation has been on -going, costs have
exceeded the budget amount approved, and it is
recommended that additional funds totaling
$1,240,000 be appropriated from the 11BKK
Augmentation Fund" to continue the litigation and
resolution of associated issues with the BKK
Corporation through the end of fiscal year 1994-95.
It is recommended that the City Council appropriate
funds forthe purposes and in the amounts indicated
in the staff report from the BKK Augmentation Fund
and direct the City Manager to establish separate
budget expenditure accounts for the various BKK
issues requiring direct expenditures for legal and
consulting services as indicated in this staff
report.
Motion by
approve
APPROVAL OF DEMANDS
2nd by to
disapprove hold over
The City Council reviews and approves accounts payable by the
City. These demands represents accounts payable since the
most recent regular meeting of the City Council.
Motion by
approve
ROLL CALL:
2nd by
disapprove hold over
Manners, Touhey, Wong, Herfert, McFadden
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to
City Council Agenda
January 17, 1995
M) ORAL COMMUNICATIONS
N) MAYOR'S REPORTS
itizen,of the Year - Ratification of Resolution
Motion by 2nd by
approve disapprove hold over
0) COUNCILMEMBERS' REPORTS
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to
.City Council Agenda
January 17, 1995
P) ADJOURNMENT Motion by 2nd by
to adjourn the meeting at
CITY COUNCIL MEETING SCHEDULE
am/pm.
Tuesday Jan. 31, 1995 6:30 pm Joint meeting
with Planning
Commission
Tuesday Feb..07,. 1995 7:30 pm Regular meeting
Tuesday
Feb.
21,
1995.
7:30
pm
Regular
meeting
Tuesday
Mar.
07,
1995
.7:30
pm
Regular
meeting
Tuesday
Mar.
21,
1995
7:30
pm
Regular
meeting
agnda0l/17/95