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.
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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.
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CITY COUNCIL MINUTES
February 16, 1993
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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.
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CITY COUNCIL MINUTES February 16, 1993
Page -,Three
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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.
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CITY COUNCIL MINUTES
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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.
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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.
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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.
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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
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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
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CITY COUNCIL MINUTES February 16, 1993
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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.
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February 16, 1993
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3) UPDATE ON CABLE TELEVISION SERVICE.AND CUSTOMER
SERVICE SURVEY
Assistant City Manager Wylie elaborated on the staff
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..,,_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.
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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 ---
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