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06-15-1993 - Regular Meeting - Minutes• M I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL -June'15,'1992 The regular meeting of the West Covina City Council was called to order by Mayor Jennings at 7:37 pm in the City Hall Council Chambers, 1444 W. Carve Avenue, West Covina. The invocation was given by Mayor Jennings and the Pledge of Allegiance was led by Mayor Pro Tem. Wong. ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Councilmembers Herfert, Manners, McFadden Others Present: Starbird, Wylie, Thomas, Hanna, Orr, Gardner, Panas, Salazar, Greene, Samaniego, Keating, Nagel, Collier, Yoshizaki, Holmes, Glover, Berry PRESENTATIONS Mayor Jennings and Councilmember Manners distributed Certificates of Recognition to the Anti -graffiti Task Force members. City Manager Starbird stated that tokens of appreciation for years worked by employees were given at lunch time. In keeping with that recognition, he presented Council- member>McFadden,;arid Gouncilmember,,Manners*awards: . for -reaching the established time frames for their service to the community. APPROVAL OF MINUTES Motion by Herfert, seconded by Manners, and unanimously carried to approve the minutes as presented for the special meeting of May 18, 1993. Motion by Manners, seconded by Herfert, and unanimously carried to approve the minutes, as corrected by Wong, . for the regular meeting of May 18, 1993. Motion by Wong, seconded by Herfert, and unanimously carried to approve the minutes, as corrected by Wong, for the adjourned regular meeting of May 24, 1993. Motion by Herfert, seconded by Wong, and unanimously carried to approve the minutes as presented for the adjourned regular meeting of June 25, 1993. Motion by Manners, seconded by Herfert, and unanimously carried to approve the minutes as presented for the special meeting of June 1, 1993. HEARING FIRST SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST Mayor Jennings explained that this hearing is the final 1st Supplemental Weed fi step in the administrative process for the First Sup- plemental Weed and Rubbish Abatement List for the 1993 Weed Abatement Program. • City Clerk Berry verified the affidavit of posting. Motion by Manners, seconded by Herfert, and unanimously carried to receive and file the affidavit. Mayor Jennings opened the hearing and the staff report was presented by Fire Chief Greene. - 1 - CITY COUNCIL MINUTES June 15, 1993 Page Two Public Testimony Mayor Jennings opened the hearing and asked if any - written protests or objections had been received. City • None Clerk Berry responded in the negative. Mayor Jennings then asked for oral objections or comments. No one addressed the Council and.Mayor Jennings closed the Public Testimony closed public testimony portion of the hearing. Motion by Wong, seconded by Herfert, and unanimously carried to order the abatement of weeds and rubbish on those properties described in Resolution No. 8979. AGENDA AND ORAL COMMUNICATIONS Phyllis McDonald, principal of Merlinda Elementary School, addressed Council regarding Item No. D-1 (left - turn lanes on Valinda & Merced), favoring Option "C" Phyllis McDonald attached to the staff report. Susan Stanley Susan Stanley, 2442 Gloria, PTA president at Merlinda School, addressed Item D-1 noting that her main concern is safety for the children. Carl.Thompson Carl Thompson of the West Covina Unified School District also addressed Item D-1, offering the position from the district's point of view. Earl Haugen Earl Haugen, 432 La Serena, president of the Maverick Development Group, encouraged Council- to support C-la (funding request.from Maverick Development Group). Richard Burns, Deputy District Attorney from Citrus Richard Burns Municipal Court, addressed Council regarding the state's cut on the County court system and requested Council to send a letter in opposition to the state legislature. Staff was directed to prepare a letter for the Mayor's signature. ,Corey Warshaw Corey Warshaw, 3330 Holt Avenue, announced that the July 4th Parade will be held on Saturday, July 3rd, and invited the citizens to watch and partake in the family picnic scheduled for Cameron Park that same afternoon. Hywanna Berhow Hywanna Berhow, 2245 E. Walnut Creek Parkway, complained about her next door neighbors and her need to call the Police Department for help. The situation involving her neighbors has not improved over the years. Mayor Jennings asked Police Chief Holmes to talk to her before she leaves the meeting.about the ongoing problems. CONSENT CALENDAR Written Communications 1) Request for financial assistance in_the amount of $65,400 received from the Maverick Development Group. (Refer to the Human Services Commission for review and recommendations on the group's request and current facility use agreement provisions.) 2) Letter of resignation received from Anthony Haisman from the Personnel Commission. (Receive and file.) • Temporary Use Permit (receive and file) TUP #2119-93 was issued to Soroptimist International of Covina/West Covina for a steak fry at 300 S. Citrus on 6/2/93. CITY COUNCIL MINUTES June 15, 1993 Page Three Acceptance of Improvements and/or Release of Bonds • UUP 11, Rev. 5 - Location: 1110 Azusa Avenue BKK Corporation Staff recommends accepting waterline improvements in the right-of-way at 2210 Azusa Avenue and releasing Alpine Assurance Ltd. Bond No. 191141-11 in the amount of $30,000. PM 22487 - Location: 1034 Elder Street Ted Hamachi Staff recommends accepting on and off -site street improvements at 1034 Elder Street and releasing Sanwa Bank of California Certificate of Deposit No. 19104-7 in the amount of $10,000. Ordinance for Adoption (waive reading and adopt) Ordinance 1923 - ORDINANCE NO. 1923 - AN ORDINANCE OF THE CITY W.C. Auto Plaza Business COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Improvement District ESTABLISHING A BUSINESS IMPROVEMENT AREA TO BE KNOWN AS THE "WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT"; FIXING THE BOUNDARIES THEREOF, AND FIXING THE ASSESSMENT TO BE LEVIED ON THE BUSINESSES IN SUCH AREA Miscellaneous -' Finance 'Department 1) Surplus Property (adopt resolution) Resolution 8981 - RESOLUTION NO. 8981 - A -RESOLUTION OF THE CITY surplus property COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS 2) Appropriations Limit for FY'93/94 (adopt resolution) Resolution 8982 - RESOLUTION NO. 8982 - A RESOLUTION OF THE CITY appropriations limit COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE_FISCAL YEAR 93/94 Miscellaneous - City Attorne 1) Settlement Agreement with Dean Witter Reynolds, Inc. Agreement with Recommendation is to approve the Mutual Settle - Dean Witter ment and'Release of All Claims with Dean Witter Reynolds, Inc. and authorize the Mayor to execute the necessary documents. CONSENT CALENDAR MOTION City Manager Starbird stated that the settlement agree- ment with Dean Witter Reynolds will be acted upon after the closed session at the end of the meeting (C-5c). Item C-la was removed from the Consent Calendar for separate action. • Motion by Herfert, seconded by Wong to waive reading of the `resolutions and ordinance and to adopt, and to approve all other items listed on the Consent Calendar, except C-la and C-5a. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None - 3 - CITY COUNCIL MINUTES June 15, 1993 Page Four C-la Motion by Manners to•irefer the Maverick Development • Group request for $65,400 to the Human Services Com- mission, as recommended. Councilmember Herfert amended the motion to take action this evening. Motion failed for lack of a second. After further discussion, a.subst'itute motion.was_:offered by Herfert,-seconded by McFadden to approve the $65,400. Councilmember Manners asked Human Services Director Salazar to explain the reasons -behind the recommendation to send the matter back to the Commission. Mr. Salazar responded. Mayor Jennings permitted Robert Duncan, treasurer of the Maverick Development Group to address Council. Councilmember. Wong suggested a possible "loan" ;scenario as a compromise between the different concerns, but City Attorney Hanna stated that idea was not permitted by law. City Manager Starbird suggested authorizing the Commission to approve the funding once -they reviewed the terms of the agreement and were satisfied with their findings. Other -suggestions were also discussed. Motion by McFadden, seconded by Wong to approve the requested•$65;400 for the Maverick Development Group. Herfert rescinded his earlier identical motion to ease parliamentary process. Motion carried with Manners voting no. ENGINEERING & BUILDING REGULATIONS 1) RELOCATION OF THE.LEFT-TURN LANES ON THE NORTH AND SOUTHBOLTID APPROACHES OF VALINDA AVENUE TO MERLINDA :AVENUE'- .,. .... .. City Engineer Thomas presented the staff report Left -turn lanes at Valinda with overheads of the various alternatives relating and Merced to the left -turn lanes and red'.curb striping. Mayor. Jennings permitted additional comments from Phyllis McDonald (principal of Merlinda Elementary School), Carl.�Thompson (W.C.U.S.D.), and Teresa Teesdale, 1032 Silverbirch'. Staff responded. Council discussed: a) The parking situation at Merlinda School. Several councilmembers visited the site and watched,.parents-:dropping'_off:their,children at the school. b) The parking restrictions imposed on the parents by the school district. c) The volume of traffic necessitating the traffic signals and left -turn lanes. d) The proposed':red'curbLiengths of the various alternatives. e) Other traffic--speedccontrollers such as flashing lights, four-way stops, crossing guards, etc. After much discussion, motion by Jennings, seconded • by Wong to approve the staff recommendation to re- locate.the north/south left -turn lanes on Valinda Avenue as shown on Plan "D". Councilmember Herfert stated his disagreement, preferring a different traffic controller such as a four-way stop sign. Motion carried with Herfert voting no. - 4 - • • CITY COUNCIL MINUTES June 15, 1993 Page Five Recess Mayor Jennings recessed the City Council at 10:40 pm. Council reconvened with all members present at 10:54 pm. 2) PP 91202 - DESIGN SERVICES CONTRACT FOR CITY PARK TOT LOTS Council reviewed the staff report. PP 91202 - Motion by Manners, seconded by Herfert, and T.I. Maloney unanimously carried to accept the proposal of T.I. Maloney,Riverside, in an amount not to exceed $11,500 plus $6,500 for survey, printing and con- tingencies for Park Tot Lot Design Services and authorize the Mayor and City Clerk to execute the agreement. 3) MODIFICATION OF CITY HALL AND RECREATION CENTER OFFICE SPACE TO ACCOMMODATE STAFF REORGANIZATION AND REDUCTION Council reviewed the staff report. Motion by Manners, seconded by Wong to: GP 9:3307 established - a) establish GP 83307 City Hall and Recreation Modifications to City Hall Center Office Modifications; and Recreation Centers '.b) appropriate $91,000 from General Fund reserves to GP 93307; and c), authorize staff to proceed with the preparation of plans and specifications for the office space modifications. Councilmember Herfert opposed the use of reserves for this project. City Manager Starbird responded, noting that the project will ultimately save money in the General Fund. Motion carried with Herfert voting no. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports scheduled for this meeting. ENVIRONMENTAL SERVICES 1) ANTI -GRAFFITI -TASK FORCE REPORT Council: --reviewed the staff report. Task force committee chair Mary Lee -!Fortner addressed the Anti -Graffiti Task Force Council on the committee's final report. Council - Report member Manners commended the committee members for their hard work and a very workable document. , Motion by McFadden, seconded by Herfert, and unanimously carried to receive and file the Zero Tolerance Report of the Anti -Graffiti Task Force and refer it to the appropraite staff for review and report back to,the City Council for imple- mentation. 2) WEST COVINA'DISPOSAL ANNUAL REPORT Council reviewed the staff report. Motion by McFadden, seconded by Wong, and unanimously carried to hold over this item until the next regular Council meeting. - 5 - CITY COUNCIL MINUTES June 15, 1993 Page Six COMMUNITY DEVELOPMENT SERVICES REDEVELOPMENT AGENCY • Mayor Jennings recessed the City Council meeting at ' 11:16 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 11:19 pm with all members present. UPDATE ON MERGED AND AMENDED REDEVELOPMENT PLAN PROCESS Council reviewed the staff report. Status report Mayor Pro Tem Wong stated that due to conflict of interest laws he would abstain from discussion and vote on this item. Motion by Herfert, seconded by McFadden tonreceive and file the informational report. Motion carried with Wong abstaining. HUMAN SERVICES 1) YMCA AGREEMENT RENEWAL Council reviewed the staff report. Motion by Herfert, seconded by Manners, and YMCA - Shadow Oak Park unanimously carried to approve Amendment No. 1 facility to the YMCA Facility Use Agreement for the Shadow Oak Community Center operations. 2) METROLINK PARK -AND -RIDE PARKING SPACES Council reviewed the staff report. City Clerk presented: Resolution 8983 - RESOLUTION NO. 8983 - A RESOLUTION OF THE CITY Metrolink Park -and -Ride COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING FOR THE MAINTENANCE AND SECURITY OF PARK -AND -RIDE SPACES IN THE CITY -OWNED CIVIC CENTER PARKING STRUCTURE, AND DESIGNATING FUNDS THEREFOR Motion by Wong, seconded by Manners, and unani- mously carried to waive further reading of the resolution and adopt. PUBLIC SAFETY SERVICES No items scheduled for this meeting. ADMINISTRATIVE SERVICES No items scheduled for this meeting. GENERAL ADMINISTRATION City Attorney stated that there would be a closed session at the conclusion of the Council meeting pursuant to Government Code Section 54956.9(c) to discuss the settlement agreement with Dean Witter Reynolds (from the Consent Calendar). APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve Demands totaling $1,988,506.19 as listed on check registers FI • 140292 through 140586. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None ABSTAIN: Herfert re SCE billing - 6 - CITY COUNCIL MINUTES ORAL COMMUNICATIONS No comments offered. June 15, 1993 Page Seven MAYOR'S REPORT Motion by Wong, seconded by Herfert, and unanimously carried to ratify a resolution of commendation for outgoing Chamber of Commerce president, Terry Brutocao. COUNCILMEMBERS' REPORTS Councilmember McFadden noted that the City 'is seeking graffiti removal RFPs, and appreciated receiving a three-year serviceawardw£rom the City. CLOSED SESSION Mayor Jennings recessed the City Council at 11:28 pm to discuss the settlement agreement. He noted that Council would reconvene to take an action on the item and then return to -closed session to discuss other litigation matters. Council reconvened at 11:44 pm and Councilmember McFadden was absent. Motion by Manners, seconded by Herfert, and unanimously carried to approve the settlement agreement with Dean Witter Reynolds (McFadden absent). At 11:45 pm,Mayor:Jennings recessed the City Council meeting again to another closed session, pursuant to Government Code Section 54956.9(b). ADJOURNMENT ATTEST: City Clerk Janet Beic y� • Council reconvened at 2:00 am. Motion by Manners, seconded by Wong, and unanimously carried to adjourn the meeting at 2:00 am. - 7 -