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02-16-1993 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL • REGULAR MEETING February 16, 1993 The regular meeting of the West Covina City Council was called to order by Mayor !a Manners at 7:35 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Father Ray Smith of St. Martha's Episcopal Church and the Pledge of Allegiance was led by Councilmember Herfert. ROLL CALL Mayor Manners, Mayor Pro Tem Jennings, Councilmembers Herfert, Jennings, Wong Others Present: Starbird, Hanna, Wylie, Salazar, Greene, Holmes, Thomas, Miller, Evans, Collier, Urban, Orr, Berry, Clark, Gould, Yoshizaki, Holler, Samaniego, Keating, Irwin, Glover, Koniarsky, Myrick APPROVAL OF MINUTES Motion by Wong, seconded by Jennings to approve minutes of the special meeting of February 2, 1993 and the regular meeting of February 2, 1993. Motion carried with Herfert abstaining (absent from both meetings). PRESENTATIONS/PROCLAMATIONS Mayor Manners proclaimed the month of February, 1993, as AMERICAN HISTORY MONTH and presented the proclamation to Mrs. Billie Arce of Daughters of the American Revolu- tion, Covina Chapter. Mayor Manners convened the Redevelopment Agency at 7:40 pm to conduct a joint public hearing. HEARING JOINT PUBLIC HEARING - LEASE WITH OPTION TO PURCHASE BETWEEN THE REDEVELOPMENT AGENCY AND HARRY HILL VW, INC., AND A SUBLEASE/DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND HOFFMAN ENTERPRISES City Manager Starbird noted that this hearing was Harry Hill VW, Hoffman scheduled for this evening; however, there have.been Enterprises, RDA some changes between the parties that requires some additional work. He suggested.the hearing be opened and continued to March 2, 1993. City Clerk Berry verified the affidavit ofpublication. Mayor Manners opened the hearing and.entertained a motion to continue. Hearing continued Motion.by McFadden, seconded by Jennings, and unani- to March 2, 1993 mously carried to continue the hearing to March 2, 1993. • Mayor Manners recessed the Redevelopment Agency at 7:42 pm to continue the City Council meeting. AGENDA AND ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, addressed F-1 (Puente Hills Landfill) encouraging Council to take.no action on the matter as previous Councils have done.. She also pre - Jean Arneson sented Mayor Manners with a rose for her birthday. - 1 - • E • • CITY COUNCIL MINUTES February 16, 1993 Page Two Royal Brown Royal Brown, 2153 Aroma Drive, noted graffiti still exists on the City Hall sign northwest of City Hall. He suggested contracting with the Boys Club and the Consortium for graffiti removal. If the two agencies compete with one another, the graffiti would come off sooner (the one who responds gets paid). Susan Homme Susan Homme, 1909 Calico, presented Council with a petition of approximately 500 signatures opposing the:.=- u"e."of sludge!forilandfill cover, supporting„the 1995 closure date of BKK Landfill, and stating that the Draft EIR of the Solid Waste Facility Permit fails to adequately address several areas of concern. Tom Snell Tom Snell, Irwindale, explained his clown costume as being a reflection of Council "clowning around" with their positions.regarding the closure of BKK and the Mt. SAC sanctuary drainage problem. He felt the Council violated the Brown Act by taking action in closed session to keep the incident under cover. He requested the dis- cus6ion and vote on this issue during the closed session be made public. Edward Bolden Edward Bolden, 1706 E. Mardina, felt the City wasn't addressing the graffiti problem adequately and offered suggestions such as rewards and "requiring vendors to lock up paint cans. Staff Reponse City Attorney Hanna responded to Ms. Homme's comments and petition stating that neither the EIR nor the Solid Waste Facility Permit will come before the City Council (absent an appeal). She also clarified the differences between a revision to the permit and the Memorandum of Understanding. City"Manager Starbird stated that the City welcomes graffiti reporting and that the City crew will attend to the monument sign noted by Mr. Brown. Councilmember Herfert noted that graffiti has increased tremendously in the last six to eight months and the City is doing the best it can to keep abreast of it. CONSENT CALENDAR Written Communications (none received) Commissions' Summary of Actions (receive & file) Planning Commission . . . . 2/9/93 ABC Applications (no protest) Suckhasem, Taweesuk dba THAI HUT RESTAURANT West Covina - - 1215 S. Glendora Avenue Zaher, Samaan dba JR. MINI MART Younan, Hadi Mtanios 2530 E. Workman Avenue Claims for Action (deny and notify claimant) C.K. Pump and Dewatering Corporation dba C.K. Construction filed a claim on December 28, 1992 for compensation and/or costs incurred in the construction of WP 87126 Amar Road water line. The amount of claim was unknown at time of presentation. - 2 - CITY COUNCIL MINUTES February 16, 1993 Page -,Three • Acceptance of Improvements and/or Release of Bonds Sp 93103 - Location; Citywide • Ranco Corporation Staff recommends accepting curb and gutter repair and releasing American Motorists Insurance Company Surety Bond No. 3SM-777-092-00 in the amount of $35,274.82, subject to Notice of Completion procedure. Ordinances for Adoption (waive reading and adopt) ORDINANCE NO. 1913 - AN ORDINANCE OF THE CITY COUNCIL Ordinance 1913 - OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST Amendment No. 254 COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), TO ESTABLISH PROVISIONS, DEVELOPMENT STANDARDS AND GUIDELINES FOR A TRANSPORTATION DEMAND MANAGEMENT (TDM) ORDINANCE AND A LAND USE ANALYSIS PROGRAM (LUAP) (Amendment No. 254) ORDINANCE NO. 1914 - AN ORDINANCE OF THE CITY COUNCIL Ordinance 1914 - OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST Duties of Waste Mgt & COVINA MUNICIPAL CODE, CHAPTER 2, ARTICLE III, DIVISION 6, Env. Quality Commission AS IT RELATES TO THE DUTIES OF THE WASTE MANAGEMENT AND ENVIRONMENTAL QUALITY COMMISSION Award of...Bid,;- Purchase of Seven Trucks for the Main- tenance Department Recommendation is to a) find that it would be uneconomical Seven Trucks - to comply with the formal bid procedures specified in Reynolds Buick Section.2-333cof the West Covina Municipal Code and, there- fore, waive formal bid procedures; and b) authorize the purchase of seven trucks from Reynolds Buick/GMC of West Covina at the total cost of $96,325.57 including tax and documentation fees. Miscellaneous Public Works 1) Settlement Agreement - Mount San Antonio College MtSAC Settlement Agreement Recommendation is to approve the Settlement Agreement with Mount San Antonio College concerning damage to the wildlife sanctuary, and authorize the Mayor and City Clerk to execute it,($52,000):._, Miscellaneous - Finance Department 1) Revision of Deferred Compensation Plan Document (waive reading and adopt resolution) Resolution 8925 - RESOLUTION NO.'8925'- A RESOLUTION OF THE CITY Deferred Comp. Plan COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING, IN ITS ENTIRETY, THE DEFERRED COMPENSATION • PLAN DOCUMENT FOR THE CITY OF WEST COVINA Miscellaneous - Human Services 1) West Covina Youth Pony Baseball Equipment Request • W.C. Youth Pony Baseball Recommendation is to authorize the use of tables and chairs on Saturday, February 27, 1993 for the Coaches Pancake Breakfast hosted by the West Covina Youth Pony Baseball Organization. - 3 - CITY COUNCIL MINUTES February 16, 1993 Page Four • 2) Consumption of Alcoholic Beverages in Public Places (waive reading and adopt resolutions) Resolution 8926 - RESOLUTION NO. 8926 - A RESOLUTION,OF':THE CITY • Hernandez family COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CONSUMPTION OF BEER AND WINE BY THE HERNANDEZ FAMILY AND GUESTS ON MARCH 13, 1993 AT THE SHADOW OAK COMMUNITY CENTER FROM 6:00 PM TO 12':00 AM. RESOLUTION NO. 8927 - A RESOLUTION OF THE CITY Resolution 8927 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Larrea family APPROVING THE CONSUMPTION OF BEER AND WINE BY THE LARREA FAMILY AND GUESTS ON MARCH 20, 1993 AT THE SHADOW OAK COMMUNITY CENTER FROM 6:30 PM TO 12.30 AM RESOLUTION NO. 8928 - A RESOLUTION OF THE CITY Resolution 8928 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, De Aguinaga family APPROVING THE CONSUMPTION OF BEER AND WINE BY THE DE AGUINAGA FAMILY ON AUGUST 7, 1993 AT THE SHADOW OAK COMMUNITY CENTER FROM 6:00 PM to 10:00 PM 3) New.Fencing and Backstop Addition at Cameron Park Fencing at Cameron Park Recommendation is to approve funding for the -.:upgrade of the fencing and backstop at Cameron Park softball field. Items removed for The following items were removed from the Consent Calendar separate action for separate consideration: Z-. C-2 (Planning Commission Summary of Action) C-4a (C.K. Construction claim against the City) C-6a (Ordinance 1913 - Amendment No. 254) C-8a (Settlement Agreement with Mt.SAC) C-8d (Resolutions re private.parties.at,.tShadow Oak);. CONSENT CALENDAR MOTION Motion by Wong, seconded by Herfert to waive further reading of the resolutions and ordinances, and adopt, and to approve all other items listed on the Consent Calendar, except those mentioned above. Motion carried by.roll call vote: AYES: Herfert, Jennings, McFadden, Wong, Manners NOES: None C-2 Councilmember Herfert felt the comments in the Summary of Actions regarding the draft EIR and SWFP were unclear. Planning Director Collier offered substitute wording which Herfert agreed with'_;,�Mr..:Coliier stated -the - Summary of Actions would be changed to reflect the substitute wording. Motion by Herfert, seconded by McFadden, and unani- mously carried to receive -and file the Summary of Actions, as clarified. C-4a Councilmember Herfert requested additional information regarding the claim against the City. The City Attorney • stated that she could go into more detail for him during a closed session. Council agreed to take action after the closed session regarding the claim. - 4 - CITY COUNCIL MINUTES February 16, 1993 Page Five • C-6a In response to a concern expressed by Councilmember Herfert, City Attorney Hanna clarified the EIR process. Motion by Herfert, seconded by Manners, and unani- mously carried to waive further reading of the ordinance and adopt. • C-8a City Engineer Thomas explained the settlement agreement reached with Mt..'SAC at $52,000 and what those funds would be used for. City Attorney Hanna explained the Brown Act require- ments and the statutes regulating closed sessions. She stated that Council acted properly in all respects and that the incident involving the wildlife sanctuary was reported in two different publications. Mayor Manners added that no vote was takencduring the closed session when the Council was informed of the incident. Consideration of the settlement agreement before Council this evening will be the first time Council will have taken an action on the matter. Councilmember Herfert stated that Council did have a difference of opinion on how the situation should be handled during that closed session, but -Mayor Manners reminded him that Council often has differences of opinion. Councilmember Herfert was pleased that the City was moving forward with corrective measures for the wildlife sanctuary and encouragedtthe City Attorney to pursue the contractor's responsiblity with the accident. Councilmember Wong stated that the chlorination process for new water lines is a requirement of the Health Department. No one, including Mt. SAC personnel, knew the catch basin emptied into the sanctuary water basin, rather than the storm drain. Motion by Manners, seconded by Jennings, and unani- mously carried to approve the settlement agreement. C-8d Councilmember Herfert had several questions regarding private parties at City facilities - security, fees, and liability. Staff was directed to report back to Council. Motion by Wong, seconded by Jennings, and unani- mously carried to waive reading and adopt the resolutions. PUBLIC WORKS SERVICES SP 90130 - GLENDORA AVENUE IMPROVEMENTS - APPROVE PLANS AND SPECIFICATIONS Council reviewed the staff report. SP 90130 - Motion by Herfert, seconded by Jennings, and unani- Plans &.specs approved mously carried to approve plans and specifications for SP 90130, and authorize the City;:Engineer to call for bids, subject to authorization from CalTrans and the Federal Highway Administration. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting. • ENVIRONMENTAL SERVICES PUENTE HILLS LANDFILL Council reviewed the staffireport. • Councilmember Wong commenced the discussion sug- gesting Council take a position supporting the expansion of the Puente Hills Landfill because of the impact it will have on West Covina residents if it is not expanded. Further Council discussion on their own - 5 - • C� F J • CITY COUNCIL MINUTES Motion to support the expansion Substitute motion to take no action Substitute motion prevails COMMUNITY DEVELOPMENT SERVICES February 16, 1993 Page Six individual opinions as well as the philosophical appropriateness of taking a position. Motion by Jennings, seconded by Wong to support the expansion of the Puente Hills Landfill and convey that position to the Sanitation District. Although Mayor Manners expressed support for the expansion, she stated that it would be more appropriate to take such a position in July when the matter is scheduled to be heard before the Regional Planning.Commission. There- fore, she offered a substitute motion which was seconded by Herfert that no action be taken at this time. Further comments were offered by Council. Mayor Manners called for the motion. The substitute motion carried with Jennings and Wong voting no. REDEVELOPMENT AGENCY Mayor Manners recessed the City Council meeting at 8:52 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 9:13 pm. 1) AFFIRMATION OF PROJECT AREA COMMITTEE Councilmember Wong stated that he would have to abstain from discussion and the vote due to conflict of interest. :. Proj ect.,Manager: Evansuelaborated..on. the . staff report. City Clerk presented: Resolution 8929 - RESOLUTION.NO. 8929 - A RESOLUTION OF THE CITY affirming PAC members_.',. COUNCIL OF THCCITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE MEMBERSHIP OF THE PROJECT AREA COM- MITTEE AND ADOPTING BYLAWS FOR THE PROJECT AREA COMMITTEE Motion by Herfert, seconded by McFadden _to_' waive further reading of the resolution and adopt. Motion carried with Wong abstaining. 2) NOTIFICATION REGARDING REDEVELOPMENT AGENCY PAYMENT TO EDUCATIONAL REVENUE AUGMENTATION FUND Assistant CityiManagercWylie elaborated on the staff report. Motion by Herfert, seconded by Jennings, and Tax:lncrement Revenues unanimously carried to authorize the Mayor to to go to State notify the County Auditor no later than March 1, 1993 that the West Covina Redevelopment Agency's allocation to the Educational Revenue Augmentation Fund will be made from tax increment revenues held in reserves for project development. HUMAN SERVICES VETERANS' MEMORIAL", Human Services Director Salazar elaborated on the staff report.. Council expressed reluctancy in approving a.. - Veterans' Memorial perpetual flame - for safety reasons as well as the initial installation_ costs for -the -gas line. Council - 6 - CITY COUNCIL MINUTES February 16, 1993 Page Seven • requested a more definitive breakdown of the maintenance costs as well. Motion by McFadden, seconded by Wong, and unanimously • carried to direct staff to refine the memorial as dis- cussed by Council and to report back with actual costs. PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) CONTRACT FOR HELICOPTER SERVICES Council reviewed the staff report. Motion by Herfert, seconded by Jennings, and unanimously carried to authorize the Police Chief Helicopter services - to execute a contract with B.D.N.T.C. Corporation B.D.N.T.C. Corp. to provide selective helicopter service at no cost to the City of West Covina conditional upon reim- bursement of asset forfeiture money on those occasions where a seizure is made wherein the helicopter had been involved in the investigation. ADMINISTRATIVE SERVICES FINANCE DEPARTMENT 1) ADOPTION OF THE FY 92/93 FINAL BUDGET Council reviewed the staff report and complimented FY 92/93 budget adopted staff on the budget document. Motion by Herfert, seconded by McFadden, and unanimously carried to adopt the Final FY 92/93 Annual Budget as presented. GENERAL ADMINISTRATION CITY ATTORNEY City Attorney Hanna stated there would be a need to hold a closed session at the end of the meeting to discuss. -a). litigation matters pursuant to Government Code Section 54956.9(b) and negotiation of real property (Harry Hill VW) pursuant to Government Code Section 54956.8. CITY MANAGER 1) 1992 LEGISLATIVE SUMMARY Council reviewed.the staff report. Motion by Herfert, seconded by McFadden, and unanimously carried to receive and file the report. 2) LEGISLATIVE.PLATFORM - 1993 SESSION • Council reviewed the staff report. Councilmember Wong stressed the importance of continuing to support drug asset seizure laws and redevelopment efforts. Motion by Herfert, seconded by McFadden, and unanimously carried to adopt the legislative plat- form for the 93/94 legislative session. Recess Mayor Manners recessed the City Council meeting at 9:55 pm. Council reconvened at 10:02 pm with all members present. - 7 - CITY COUNCIL MINUTES February 16, 1993 Page Eight • 3) UPDATE ON CABLE TELEVISION SERVICE.AND CUSTOMER SERVICE SURVEY Assistant City Manager Wylie elaborated on the staff • ..,,_report. Mr. Craig Watson, CENCOM Regional Manager, Update on CENCON was introduced. He submitted booklets of CENCOM cablevision information and statistics for distribution to Council and discussed the material therein. Mr. Watson presented an overview of the fiber optic sys-r. tem that will be installed in West Covina during 1993 and briefly discussed the customer survey Council had requested. He then responded to Council's questions and comments. No action was taken by Council at the conclusion of his presentation. 4) FEDERAL MANDATE RELIEF ACT OF 1993 (U.S. HR. 140) Council reviewed the staff report. U.S. HR 140 Motion by McFadden, seconded by Herfert, and unanimously carried to hold over this item.for more information. APPROVAL OF DEMANDS Motion by Jennings, seconded by Wong -to approve Demands totaling $2,238,144.96 as listed on check registers FI 137678 through 137958. Motion carried by roll call vote: AYES: Herfert, Jennings, McFadden, Wong, Manners NOES: None ORAL.COMMUNICATIONS Royal Brown, 2153 Aroma Drive, commented on urban water runoff in relation to the Mt. SAC wildlife sanctuary. Susan Homme, 1909 Calico, stated that she was willing to pay higher trash cost for safety reasons than have the BKK Landfill stay open Ipast.the anticipated closure date of 1995. Tom Snell, Irwindale, supported the proposed eternal flame for the Veterans' Memoral and countered the'City Attorney's statements regarding the Brown Act statutes. MAYOR'S REPORTS GRAFFITI TASK FORCE Mayor Manners elaborated on the staff report and sought comments from the other Councilmembers who were quite supportive. They suggested seeing representatives Graffiti Task Force from the district attorneys office, neighborhing cities, etb:, to serve on the task.force. Motion by Herfert, seconded by Wong, andL.unanimously carried to direct staff to prepare an outline of the task force and appoint McFadden and Manners to the • committee. COUNCILMEMBERS' REPORTS . Herfert re C-4 Councilmember Herfert stated that since the action required of Council for Item C-4 was to deny the claim, he suggested taking action at this time rather than waiting until after the closed session. Motion -by Herfert, seconded by Wong, and unanimously carried to deny the claim and notify the claimant. C] • CITY COUNCIL MINUTES February 16, 1993 Page Nine Councilmember McFadden responded to Tom Snell's comments McFadden stating that there was no cover-up as far as the Mt. SAC wildlife sanctuary accident was concerned and that Council acted prudently. He also announced his election to the San Gabriel Valley Basin Board as the alternate representative for cities with no water pumping rights. He surprised everyone with individualized baseball caps - for council and staff - in recognition of team effort. CLOSED SESSION Mayor Manners recessed the City Council meeting at 11:21 pm to conduct a closed session with the City Attorney, per her statements made earlier. The City Council reconvened at 12:10 am. ADJOURNMENT Motion by Herfert, seconded by Jennings, and unanimously carried to adjourn the meeting at 12:10 am. ATTEST: City Clerk Janet erry Mayor Nan C anners --- - 9 -