03-02-1993 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
WEST COVINA CITY COUNCIL
March 2, 1993
• The regular meeting of the West Covina City Council was called to order by Mayor Manners
at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The
invocation was given by Rev. Keith Hubbell of First Baptist Church and the Pledge of
Allegiance was led by Spanish Trails Girl Scout Council, Troop #406.
ROLL CALL Mayor Manners, Mayor Pro Tem Jennings, Councilmembers
Herfert, McFadden, Wong
Others Present: Starbird, Hanna, Wylie, Orr; Glover, Evans, Johnson, Ure,
Gannon, Clark, Yoshizaki, Greene, Keating, Nelson, Collier,
Gardner, Salazar, Berry, Miller, Thomas, Samaniego
APPROVAL OF MINUTES Motion by Wong, seconded by Jennings, and unanimously _
carried to approve minutes of the special meeting held
December 7, 1992.
ANNOUNCEMENT Mayor Manners announced that she has become the first
great grandmother to sit on the City Council! Her great
grandson, Christopher Scott Pirtle, was born on 2/15/93.
PRESENTATIONS/PROCLAMATIONS Mayor Manners presented a Mayor's Certificate of Recognition
to seven year old Robin Pratt for his winning theme PEOPLE
Robin Pratt MAKE AMERICA GREAT for the 1993 4th of July Parade.
Mayor Manners presented a $500 check to the 1993 4th of
American Legion July Parade Committee Chair Mike Jones. The donation
was given by the American Legion Post #790 to the Mayor
of West Covina to be given to the Mayor's favorite charity.
-Mayor Manners proclaimed the month of March, 1993, as
MENTAL RETARDATION MONTH.
Mayor Manners proclaimed March 7 through March 13, 1993,
as GIRL SCOUT WEEK and presented the proclamation to
Troop #409.
Mayor Manners proclaimed March 13, 1993, as ARBOR DAY
and presented the proclamation to Tina Daniels, who in
turn invited the citizens to the Arbor Day celebration
at 10:00 am in the George Aiassa Courtyard at City Hall.
Redevelopment Agency Mayor Manners called the Redevelopment Agency to order at
called to order 7:50 pm to conduct the following joint public hearing.
• HEARING JOINT PUBLIC HEARING - AGREEMENT FOR PURCHASE AND SALE OF
REAL PROPERTY BETWEEN THE REDEVELOPMENT AGENCY AND HARRY
HILL VW, INC., AND A LEASE/DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND HOFFMAN
• ENTERPRISES, LTD (Continued from February 16, 1993)
Harry Hill VW and City Clerk Berry verified the affidavit of publication.
DDA re Hoffman Enterprises Mayor Manners stated that:the:record contains the following
documents:,
a) Agreement for Purchase and Sale of. Real Property
between the Redevelopment Agency and Harry Hill VW,
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CITY COUNCIL MINUTES
March 2, 1993
Page -Two
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b) Lease, Disposition and Development Agreement
Between the Redevelopment Agency and Hoffman,
c) Summary Report as required by Section 33433
of the Redevelopment Law.
•
Redevelopment Agency Manager Yoshizaki presented the staff
Public Testimony'
report. Mayor Manners opened the public testimony portion
— — —
of the hearing. City Clerk Berry stated that no written
communications had been received in support of the matter.
Mayor Manners asked for verbal comments supporting the
In Favor:
issue and the following spoke:
Lathrop Hoffman
Lathrop Hoffman of Hoffman Enterprises
Bernard Bianco
Bernard Bianco,of Harry Hill VW
City Clerk Berry stated that no written communications had
In Opposition:
been received in opposition to the matter and Mayor Manners
None
asked for verbal comments in opposition. No.:one addressed
Council and Mayor Manners closed the public testimony por-
Public Testimony —closed
tion of the hearing.
City Council Action
General Counsel presented:
Resolution 8930 -
RESOLUTION NO. 8930 - A RESOLUTION OF THE CITY COUNCIL
Sublease/DDA between
OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO THE
RDA and Hoffman Enter.
APPROVAL BY THE REDEVELOPMENT AGENCY OF THE LEASE/DISPO-
SITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE WEST
COVINA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA AND
HOFFMAN ENTERPRISES,:,LTD. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by McFadden, seconded by Wong, and unanimously
carried to waive further reading of the resolution and to
adopt.
Redevelopment Aeencv Action
General Counsel presented:
Resolution 443 -
RESOLUTION NO. 443 - A RESOLUTION OF THE REDEVELOPMENT
approving sale of
AGENCY OF THE CITY OF WEST COVINA APPROVING THE EXECUTION
real property
OF THE AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
BY AND BETWEEN HARRY HILL VW, INC. (dba "Harry Hill Imports")
AND THE WEST COVINA REDEVELOPMENT AGENCY
Motion by Jennings, seconded by Wong, and unanimously
carried to waive further reading and adopt.
Resolution 444 -
RESOLUTION NO. 444 - A RESOLUTION OF THE REDEVELOPMENT
Sublease/DDA between
AGENCY OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING
RDA and Hoffman Enter.
EXECUTION OF THE LEASE/DISPOSITION AND DEVELOPMENT AGREE-
MENT BY AND BETWEEN THE WEST COVINA REDEVELOPMENT AGENCY
AND HOFFMAN ENTERPRISES, LTD. AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
Motion by McFadden, seconded by Wong, and unanimously
carried to waive further reading and adopt.
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Recess
Mayor Manners recessed the City Council meeting at 8:17 pm
to continue with the Redevelopment Agency agenda. The
City Council reconvened at 8:22 pm with all members present.
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CITY COUNCIL MINUTES March 2, 1993
Page Three
HEARING TIME EXTENSION - INTERIM ORDINANCE RELATING TO HISTORICAL
BUILDINGS
Time extension for study The proposed interim urgency ordinance would extend the
of historical buildings measure, currently due to expire on March 7, 1993, to
March 2, 1994.
City Clerk Berry verified the affidavit of publication.
Mayor Manners opened the hearing and the staff report was
presented by Planning Director Collier.
Public Testimony Mayor Manners opened.the public testimony portion of the
hearing and asked for comments favor the time extension.
None No one addressed Council. She then asked for comments in
opposition to the time extension and again no one addressed
Council. Mayor Manners closed the public testimony por-
Public Testimonyclosed tion of the hearing.
Councilmember Wong hoped that staff would be able to
finish their study within the time extension granted.
City Clerk presented:
Ordinance 1915 - ORDINANCE NO. 1915 - AN ORDINANCE OF THE CITY COUNCIL
extending study time OF THE CITY OF WEST COVINA;.,CALIFORNIA, EXTENDING ORDINANCE
for historical bldgs. NO. 1893 PURSUANT TO SECTION 65858(a) OF THE CALIFORNIA
GOVERNMENT CODE
Motion by Herfert, seconded by McFadden, and unani-
mously carried to waive further reading of the ordinance
and adopt.
HEARING MULTIPLE -FAMILY _'RESIDENTIAL FLAG AND BANNER INTERIM
ORDINANCE EXTENSION
The proposed interim urgency ordinance extension would
Time extension re flags allow.: for temporary use of banners, flags and pennants
and banners pertaining to the lease or rental of units in multiple -
family zones until March 2, 1994.
City Clerk Berry verified the affidavit of publication.
Mayor Manners opened the hearing and the staff report was
presented by Planning Director Collier.
Public Testimonv Mayori:Manners opened the public testimony portion of the
hearing and asked for comments favor the time extension.
None No one addressed Council. She then asked for comments
opposing the time extension and again no one addressed
the City Council. Mayor Manners closed the public
Public —Testimony —closed testimony portion of the hearing.
City Clerk presented:
Ordinance 1916 - ORDINANCE NO. 1916 - AN ORDINANCE OF THE CITY COUNCIL
extending time: for OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING
flags & banners ORDINANCE NO. 1894 PURSUANT TO SECTION 65858(a) OF THE
CALIFORNIA GOVERNMENT CODE
Motion by Jennings, seconded by McFadden, and unani-
mously carried to waive further reading and adopt.
AGENDA AND ORAL COMMUNICATIONS:
Leland Faegre, 1939 Jacaranda Drive, referred to an
Leland Faegre article in the Tribune relating to the landfill closure.
Mayor Manners stated that the landfill closure is not a
topic of discussion tonight• just the issue regarding
the landfill ridge.klines.
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March 2, 1993
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Paul Hammerstrom
Paul Hammerstrom, 1519 E. Newcrest Dr., referred to several
documents in relation to the ridge line problem at BKK:
The Perspective Homeowners Awareness Packet does not
include his tract. He questioned the lowering of the
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ridgelline at the landfill as being within the conditions
of the UUP, Master Development Plan or the Three -Year
Plan. He felt with no approved EIR, BKK was operating
outside the limits of the UUP. He also stated that BKK
was accepting sludge from Hyperion at anyatime, which
is also not complying with the operating hours require-
ment.
City Manager Starbird stated that the staff report
regarding the BKK ridgelline is addressing the process,
not whether or not to make a decision on the -'.issue. He
further explained the standstill agreement reached with
BKK does. stop,. the reduction of the ridge line until
the issue can be solved.
Michael Mohajer
Michael Mohajer, 738 S. Hillward Avenue, commented on the
standstill agreement and the proposed -process. He felt
an order to cease and desist is needed, not a standstill
agreement which he believed to be in violation of the
UUP conditions. He submitted a letter for the record.
Nancy Adin
Nancy Adin, 2633 Maureen Street, disagreed with the pro-
posed process and stated she felt the Council can decide:
whether the UUP can be discussed or not.
Susan Homme
Susan Homme, 1909 Calico, felt the Council does not need
to refer the matter to the Planning Commission and can
vote in the ridge line issue. She noted that no copies
of the Master Development Plan or the Transition Land
Use Plan are available to the public.
Jean Arneson
Jean Arneson,11116 Donna Beth, agreed with the previous
speakers in their assessment that lowering the ridgel
line is in violation of the UUP. She also thought the
City was very lax in enforcing the conditions of the UUP.
Royal Brown
Royal Brown, 2153 Aroma Drive, said the Council had the
power to act this evening and requested the Council to
take action.
Mayor Manners stated that the comments would be addressed
when the item comes up on the Agenda.
CONSENT CALENDAR
Written Communications (none received)
Commissions' Summary of Actions (receive & file)
Personnel 2/10/93
Planning 2/23/93
Senior Citizens 2/11/93
• Waste Mgmt./Environmental Quality 2/18/93
Human Services 2/9/93
Temporary Use Permits (receive & file)
• TUP #2110-93 was issued to Citrus West Covina Plaza
located at 205-217 North Citrus for a sidewalk sale
on 2/12 through 2/14.
TUP #2111-93 was issued to Crestview Cadillac located
at 2700 East Garvey for a promotional event on 2/13
through 2/15.
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CITY COUNCIL MINUTES
PP 92207 -
Park Security Lighting -
National Electrical Contr.
MD 4 Landscape Contract -
Creative Landscaping, Inc.
Civic Center Landscaping -
Creative Landscaping, Inc.
March 2, 1993
Page Five
Acceptance of Improvements and/or Release of Bonds
Location; Cortez Park
Recommendation is to accept improvements and release
American Equity Insurance Company Surety Bond #AE31122
in the amount of $16,883.00, subject to Notice of Com-
pletion procedure.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of February 16, 1993.
City,Treasurer's Report (receive & file)
Report for the month of January, 1993.
Award of Bids
a) Maintenance District No. 4 - Landscape Contract -
City -Specification No. MD4-93-4
Recommendation is to accept the bid of Creative
Landscaping, Inc., Anaheim, for a five-year contract
in.the amount of $2,224,202.00 ($444,840.40 annually)
and authorize the Mayor and City Clerk to execute
the agreement.
b) West Covina Civic Center Annual Landscape Contract
Renewal
Recommendation is to renew the service contract with
Creative Landscaping, Inc. for the coming twelve-
month period at the current annual cost of $82,708.56.
c,
c) SP 93102 - Bus Stop Pads Improvements
SP 93102 - Recommendation is to hold over the award of this
Hold over until 3/16/93 project until the next regular Council meeting of
March 16, 1993.
d) PP 93209 - Picnic Shelters and Walkways in Various
City Parks
PP 93209 - Recommendation is to hold over the award of this
Hold over until 3/16/93 project until the next regular Council meeting of
March 16, 1993.
Miscellaneous - Eneineerin
a) Relocation of Left Turn Lanes on the North and South -
bound Approaches of Valinda to Merced - Informational
Report (receive and file)
Status report re left turn Recommendation is to receive and file the staff
lanes on Valinda to Merced report indicating an alternate channelization plan
and an.;upcoming meeting with the school district
and property owners.
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CITY COUNCIL MINUTES
March 2, 1993
Page Six
b) MP 92118(B) - Monumentation of Maintenance Districts
1,2, 6 and 7 Open Space - Consultant Agreement with
Kamwill, Inc.
MP 92118(B) - Recommendation is to approve an agreement with Kam-
Kamwill, Inc. will, Inc. in an amount of $40,991 and authorize
the Mayor and City Clerk to execute the agreement.
Items removed from Items removed from Consent Calendar for separate action:
Consent Calendar 7a (MD 4 - landscape contract) and 8b (MP 92118(B)).
Councilmember Wong explained that due to conflicts of
interest, he would have to abstain on these two items.
CONSENT CALENDAR MOTION Motion by Wong, seconded by Herfert to approve the items
on the Consent Calendar, except the two mentioned above.
Motion carried by roll call vote:
AYES: Herfert Jennings, McFadden, Wong, Manners
NOES: None
Items 7a and 8b approved Motion by Herfert, seconded by Jennings to approve the
two items as recommended by staff. Motion carried with
Wong abstaining.
PUBLIC WORKS No items scheduled for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting.
ENVIRONMENTAL SERVICES 1993 TRIP REDUCTION PLAN
Environmental Services Director Miller elaborated on the
staff report.
Motion by Jennings, seconded by McFadden to approve
the City of West Covina 1993 Trip Reduction Plan Update
as outlined in Items 1 through 9 of the staff report.
Motion carried with Herfert voting no, explaining that he
felt the targeted goal could be reached using the current
plan.'
Recess Mayor Manners called a recess at 9:40 pm. Council re-
convened at 9:46_pm with all members present.
COMMUNITY DEVELOPMENT BKK LANDFILL RIDGE LINES
City Attorney Hanna addressed the legal issues at hand.
Planning Director Collier elaborated on the staff report
and Waste Management Enforcement Manager Samaniego
responded to questions.
Mr. Samaniego stated that he had requested a three-
year plan from BKK. BKK submitted a current grading plan
BKK Landfill Ridge Lines instead of the three-year plan which was sufficient infor-
mation pertaining.to the ridge lines. BKK was asked to
resubmit and provide a Master Development Plan as well.
BKK said that they would still prepare and submit a Master
Development Plan and a three-year operational plan. Mr.
Samaniego felt a violation had occurred with the reduction
of the ridge lines. He stated that a Notice and Order
had been prepared in the event BKK has been found to have
violated the standstill agreement.
City Manager Starbird said that based on the testimony
received this evening, taff would be out to the landfill
on Wednesday to investigate.
Motion by Herfert to'directcthe LEA Manager to issue
the Notice and Order. Motion died for lack of a second.
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CITY COUNCIL MINUTES March 2, 1993
Page Seven
Mayor Manners requested Jerry King, BKK consul_..,;
tant, to approach the podium'to respond -to the
comments and concerns raised by the citizens and
Council.
Councilmember McFadden said he was not anxious
Motion to issue the Notice and Order as that would instigate
a lawsuit. He offered a motion, seconded by Wong to
_.c-refer the matter to the Planning Commission and the
Waste Management and Environmental Quality Commission,
back to the Planning Commission for a recommendation
to Council for final action.
A substitute motion was offered by Herfert to
utilize Council only, circumventing the commissions.
The motion died for lack of a second.
Councilmember Wong pointed out that the Council
needs the technical review that the commissions can
give. More discussion followed.on the time lapse
necessary toicompletecthe process.
Motion by Herfert, seconded by McFadden to
Amended Motion amend the motion to include a proposal that the
ridge line be replaced to the level before BKK
lowered it and that the notices be mailed to the
effected parties in three languages: Spanish,
Philippino, and English. Staff was directed to
review minority languages. The.;amended motion..
carried with Jennings voting no.
Above motions carried Mayor Manners asked for a vote on the outstanding
motion, which then carried unanimously.
2) REDEVELOPMENT AGENCY
The Redevelopment Agency agenda was considered
earlier in the meeting.
HUMAN SERVICES RECREATION EQUIPMENT USE POLICY
Council reviewed the staff report.
Motion by Jennings, seconded by McFadden, and unani-
Recreation Equipment mously carried to authorize the Human Services Director
Use Policy to approve requests for use of recreation equipment in
accordance with established guidelines. Councilmember
Wong suggested including ihethe loan document the replace-
ment cost of the equipment.
PUBLIC SAFETY SERVICES No items scheduled for this meeting.
ADMINISTRATIVE SERVICES PERSONNEL SERVICES - TRANSMISSION OF M.O.U. AND IMPLEMEN-
TING RESOLUTION - WEST COVINA PUBLIC SAFETY DISPATCHERS'
ASSOCATION
Council reviewed the staff report.
City Clerk presented:
RESOLUTION NO. 8931 - A RESOLUTION OF THE CITY C:
Resolution 8931 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING
Safety Dispatchers RESOLUTION NO. 7223, RELATING TO COMPENSATION AND BENE-
FITS FOR CLASSIFICATIONS REPRESENTED BY THE WEST COVINA
PUBLIC SAFETY DISPATCHERS' ASSOCATION
Motion by McFadden, seconded by''Herfert, and unani-
mously carried to waive reading of the resolution and
to adopt.
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CITY COUNCIL MINUTES March 2, 1993
Page Eight
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GENERAL ADMINISTRATION
City Attorney stated there would be no need fora closed
session.
• APPROVAL OF DEMANDS
Motion by Jennings, seconded by Wong to approve Demands
totaling $1,923,422.03 as listed on check registers FI
137959 through 138245. Motion carried by roll call vote:
AYES: Herfert, Jennings, McFadden, Wong, Manners
NOES: None
ABSTAIN: Herfert re SCE billing
ORAL COMMUNICATIONS
Paul Hammerstrom, 1519 E. Newcrest Drive, commented further
about BKK. He felt a grading plan was not needed, but a
Transition Plan is. If.:BKK doesn't have enough dirt for
Paul Hammerstrom
cover, then they should reduce the amount of trash they
take in. He asked what the time frame is for BKK to
resubmit their plans.
Susan Homme, 1909 Calico, suggested consolidating the
Susan Homme
hearings:.into._one..: She asked whythasn't the Master
Development Plan and the Transition Plan been completed.
She also felt that City staff and Council have not been
thinking of the residents.
Royal Brown, 2153 Aroma Drive, commented on backfilling
Royal Brown
and asked what staff was going to do with the complaints
expressed this evening.
Edward Vollert, 632 Donna Beth, talked about the cost
Edward Vollert
of trash disposal versus the cost twelve years ago.
Mayor Manners closed Oral Communications and after some
discussion the City Manager suggested that staff bring
back a report to Council with all the various components
of the landfill issue and time frames.
MAYOR'S REPORTS 1) ANTI -GRAFFITI TASK FORCE
Council reviewed the staff report.
City Clerk presented:
Resolution 8932 - RESOLUTION NO. 8932 - A RESOLUTION OF THE CITY
Anti -graffiti task force COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING GOALS, OBJECTIVES, MEMBERSHIP AND REPORT
SCHEDULE FOR THE CITY ANTI -GRAFFITI TASK FORCE
Motion by Wong, secondedbyMcFadden, and unani-
mously carried to waive further reading and adopt.
Staff was directed to schedule a meeting of the
volunteers.
2) OLDER AMERICANS' RECOGNITION DAY
• Council reviewed the staff report.
Glen Buckingham Motion by Jennings, seconded by Wong, and unani-
mously carried to nominate Glen Buckingham.
• COUNCILMEMBERS' REPORTS Some Councilmembers commented on the BKK issue. Council -
member Wong recognized the position of the citizens in
the audience. He did state however that taking a hard
line with BKK would cause the City great legal costs.
Councilmember McFadden agreed. The City should seek
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CITY COUNCIL MINUTES March 2, 1993
Page Nine
agreement and work through these issues rationally with
BKK if at all possible. He suggested using the City's
citwide mailer to inform the citizenry about the status
of the BKK issues. Mayor Pro Tem Jennings concurred.
Councilmember Wong also noted,tint.response to one
comment, that staff members have the best intentions for
the City,eeven those who may not live in the community.
r L 1 Ii.L .), L
On another matter;gMayor Nancy .Manners , mentioned
that 300 highuschool%students participated in "Come to
the Cabaret" on the campus. The point being that not all
kids graffiti and join, -',gangs::
ADJOURNMENT Motion by Jennings, seconded by McFadden, and unanimously
carried to adjourn the meeting at 11:59 pm.to 7:00 pm at
Palmview Center on Monday, March 8, 1993.
ATTEST:
City Clerk Janet Berr
IV
Mayo��l3jIners
V
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