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10-05-1993 - Regular Meeting - MinutesM I N U T S REGULAR MEETING WEST COVINA CITY COUNCIL October 5, 1993 The regular meeting of the West Covina City Council was called to order by Mayor Jennings at 7:46 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Rev. Gerard Kiemeney of West Covina Hills Seventh Day Adventist Church 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, Collier, Glover, Nagel, Koniarsky, Salazar, Thomas, Holler, Holmes, Samaniego, Yoshizaki, Patton, Gardner, Urban, Dowdey, Gould, Berry APPROVAL OF MINUTES Motion by Herfert, seconded by McFadden to approve Minutes of the special meeting of September 7, 1993. Motion carried with Manners and Jennings abstaining (absent from meeting). Motion by Manners, seconded by McFadden, and unanimously carried to approve the Minutes of the regular meeting of September 21, 1993. PRESENTATION Terry Dipple, Mayor of San Dimas, presented the sub -regional plan for the creation of a Council of Governments as recommended by the San Gabriel Valley Association of Cities. Staff was directed to agendize the sub - regional plan for a future meeting. Recess Mayor Jennings called a recess at 8:10 pm to give staff an opportunity to fix the public address system. The Council meeting reconvened at 8:23 pm with all members present. The problem couldn't be corrected; however, two hand-held microphones enabled the meeting to continue. HEARING CONTINUED JOINT PUBLIC HEARING RE: PROPOSED FINANCING AGREEMENTS BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA REDEVELOPMENT AGENCY FOR THE USE OF BOND PROCEEDS FOR PUBLIC IMPROVEMENTS (continued from 9/21/93) Use of bond proceeds RDA Assistant Executive Director Wylie presented for 811 S. Sunset the staff report, noting a change in the recommendation from the September 21st meeting. The resolution for adoption pertains only to the City owned building at 811.5. Sunset Avenue, which currently houses the West Covina Chamber of Commerce. Mr. Wylie presented four alternatives for Council's consideration with a staff recommendation for rehabilitation. Public —Testimony City Clerk Berry stated that no written communications had been received. Mayor Jennings asked for verbal comments and the following addressed Council: Suzanne Dunn Suzanne Dunn, president of West Covina Chamber of Commerce, noted the Chamber's support and cooperation for any of the alternatives Council may choose. Royal Brown Royal Brown, 2153 Aroma Drive, felt the bond proceeds should not be used for this project as the Chamber of Commerce is a private oganization. Mayor Jennings closed the public testimony Public Testimony_ closed — and Mr. Wylie stated that the City, as the landlord, is required to bring the building up seismic standards whomever the tenant might be. Council Comments Lengthy discussion ensued regarding the pros and cons of each of the alternatives. Major points of discussion involved 1) California Redevelopment Law restrictions, 2) parking needs, 3) possible supplemental funding sources, 4) expanding the use of the facility, and 5) the need to bring the building up to code. Councilmember Herfert favored new construction, expanding the, use of the facility for the City's use.. Mayor Pro Tem Wong favored new construction, too, but was concerned about the City Attorney's opinion regarding CRL. Councilmember Manners felt a new building would be nice, but the site has insufficient parking space as it is; therefore, rehabilitation makes the best economic/financial sense. Councilmember McFadden favored new construction at a different location, but needed more information. Mayor Jennings concurred with Councilmember Manners. City Clerk Berry presented: Resolution 9018 - RESOLUTION NO. 9018 - A RESOLUTION OF THE failed CITY COUNCIL OF THE CITY OF WEST COVINA MAKING FINDINGS WITH RESPECT TO THE FINANCING OF PUBLIC IMPROVEMENTS BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA AND APPROVING A FINANCING AGREEMENT BETWEEN THE AGENCY AND THE CITY OF WEST COVINA Mr. Wylie explained that the proposed resolution was based on the recommendation to rehabilitate the existing building. Motion by Manners, seconded by Jennings to waive further reading of the resolution and to adopt. Motion failed by the following vote of the Council: AYES: Manners, Jennings NOES: Herfert, McFadden, Wong No action was taken by the Redevelopment Agency on the proposed Redevelopment Agency resolution. Motion by Wong, seconded by Herfert, and unanimously carried to reagendize the matter to provide Council with additional information. AGENDA AND ORAL COMMUNICATIONS Jose Padilla Jose Padilla, 1617 S. Tamar Drive, spoke in opposition to the recommendation for Traffic Committee Item C-6k, requesting that the red curb in front of his house remain intact. Will Bayer Will Bayer, 1623 S. Tamar Drive, addressed Item C-6k encouraging Council to support the staff recommendation to remove the red curb. CITY COUNCIL MINUTES of 10/5/93 Paul Fejtek Paul Fejtek, representing Southland Motors at 2010 E. Garvey Avenue, spoke on behalf of the newly formed Auto Dealers Association and urged approval of the Agreement for Business Promotion Services (Item G-lb). Rod Wilson Rod Wilson from EMI Signs noted his support for the auto association's project (Item G-lb). Adrianne Metzger Adrianne Metzger, 2826 Onyx Way, addressed staff's response to complaints against the Pomona Valley Humane Society (Item K-3c) and submitted her statements for the record. She requested that her group,. West Covinans for Animal Care Reform be sanctioned as a committee. Kathy Luciano Kathy Luciano, 12626 Central Ave., Upland, Pomona Valley Humane Society ex -board member, agreed with Ms. Metzger's request for a citizens' advisory committee (Item K-3c). Angie Gyllenshog Angie Gyllenshog, 16558 Arrow Hwy, Covina, related some experiencesas a Pet Assistance member (Item K-3c). Al Marshall Al Marshall of Birtcher Senior Properties spoke in support of extending the current Exclusive Negotiating Agreement . with his company (Redevelopment Item VI). Sandy Belville Sandy Belville, manager of Woodside Village Apartments, 1614 Amar Road, discussed the apartment complex's current waste collection bill in.relation to Item F-2. Sharon Hunt Sharon Hunt, 734 S. Eastern, Covina, complained about Los Angeles County animal control officers (K-3c). Cathleen Schneider- Cathleen Schnieder -Russell, 15703 Rolling Ridge Russell Dr., Chino Hills, submitted written comments addressing PVHS (Item K-3c). City Engineer Thomas responded to the comments regarding the Traffic Committee item involving the red curb on Tamar Drive. Mayor Jennings stated that the other items will be addressed when the item is considered on the Agenda. CONSENT CALENDAR Written Communications (refer to staff) Letter received from Katie McComb, 716 California Avenue, #101, requesting the opportunity to address Council regarding home security lighting and public right-of-way measurements. Commissions' Summary of Action (receive & file) Human .Services . . . . . . . 9/14/93 Planning . . . . . . . . . . . 9/28/93 Senior Citizens' . . . . . . . . . 9/09/93 Waste Mgmt./Environmental Quality 9/16/93 3 f CITY COUNCIL MINUTES of 10/5/93 Resolution 9019 - Parcel Map 21058 Resolution 9020 - Lot Line Adjustment No. 109 Claims for Action (deny and notify claimant) Alicia Sandoval filed a claim with the City Clerk on August 24, 1993, for personal injuries amounting to $1,000,000. Carole D. Blagg filed a claim with the City Clerk on June 23, 1993, for personal injuries. The amount of claim had'not been determined at time of presentation. W.A. Rasic Construction filed a claim with the City Clerk on September 16, 1993, purporting to have tortious merit amounting to $198,502.94. Approval of Final Map (adopt resolution) a) Parcel Map 21058 - Albert J. Galen Location: Cortez Avenue RESOLUTION NO. 9019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 21058 AND DIRECTING THE RECORDATION THEREOF (Albert J. Galen) b) Lot Line Adjustment No. 109 - William C. Gorman and Samantha Fennell Location: 2134 & 2142 E. Larkwood RESOLUTION NO. 9020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 109 AND DIRECTING THE RECORDATION THEREOF (William C. Gorman and Samantha Fennell) Acceptance of Improvements and/or Release of Bonds Tract 47815 - Recommendation is to grant a reduction in bond Taico Properties, Inc. amount for Taico Properties, Inc., Tract No. 47815, from $308,000 to $159,300. This is for completing certain improvements for a single family residential development on Aroma Drive. Traffic Committee Minutes (accept and file) Traffic Committee Minutes for the regular meeting of September 21, 1993. City Treasurer's Report (receive & file) Report for the month of August, 1993. Award of Bids 1) SP 94125 - Street Rehabilitation (Phase I) Recommendation is to a) transfer $53,000 from SP 94105 to SP 94125, and b)'accept SP 94125 - the bid of R.C.S.I. Inc. of Santa Ana, in R.C.S.I. Inc.. the amount of $41,717.69 as submitted at the bid opening of September 22, 1993, and authorize the Mayor and City Clerk to execute an agreement with R.C.S.I. Inc. rd CITY COUNCIL MINUTES of 10/5/93 2) TP 93105 - Bus Stop Shelters Recommendation is to reject all bids, grant TP 93105 - staff additional time to explore other Bid rejected alternatives. 3) Purchase of Animal Control Vehicle Recommendation is to a) find that the County Animal Control Truck - of Los Angeles Bid No. 615R is as stringent Reynolds Buick/GMC as that used by the City and 'therefore satisfies the formal bid process per WCMC Section 2-333, b) waive the formal bid process and allow Reynolds Buick/GMC to match the state bid, and c) select Reynolds Buick GMC Truck of West Covina as the vendor of choice and allow staff to proceed with the purchase of one (1) cab and chassis at a cost not to exceed $14,200.00 plus documentation fees and tax. Miscellaneous - Finance Department Resolution 9021 - Surplus Property (adopt resolution) Surplus property RESOLUTION NO. 9021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS CONSENT CALENDAR MOTION Motion by Wong, seconded by Manners to waive further reading of the resolutions and adopt, and to approve all other items listed, except: the Traffic Committee Minutes. Motion carried by roll call vote: . AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None Motion by, Wong, seconded by McFadden, and unanimously carried to accept and file the Traffic Committee Minutes, except the red curb item. Councilmember Herfert discussed the traffic committee item concerning flashing yellow lights at school zones. Red Curb on Tamar Dr. Motion by Wong, seconded by Manners to allow Mr. Padillo to retain 20' of red curb.and reject the Traffic Committee recommendation. Councilmember Herfert disagreed with granting the request. Motion carried with Herfert voting no. PUBLIC WORKS, GP 94307 - Approval of Plans and Specifications for Fire Station and Administration Building Roof Repair GP 94307 - Recommendation is to approve plans and plans & specs specifications for GP 94307 and authorize the Maintenance Director to call for bids. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) Rescinding of BKK Drainage and Erosion Notice and Order Issued on March 17, 1992 �l 3/17/92 Notice & Order Council reviewed the staff report. rescinded Motion by McFadden, seconded by Jennings, and unanimously carried to receive and file. 5 i -, CITY.COUNCIL MINUTES of 10/5/93 ENVIRONMENTAL SERVICES 1) Low Income Residential Waste Collection Rate Reduction Council reviewed the staff report. Low Income Waste Discussion ensued among the council Collection Rate members, each opining their views. Motion by Herfert, seconded by McFadden, and unanimously carried to receive and file the report. 2) West Covina Disposal Waste Collection Rate Review Assistant City Manager Wylie elaborated on, the staff report. Council was pleased with W.C. Disposal rate review service provided by Athens, but felt there wasn't enough of the requested information to justify the requested increase in rates. Athens General Manager Chiappetta addressed the Council stating that it was his impression that all information requested had been supplied. Staff was directed to put in writing exactly the numbers they are seeking to evaluate the request. Motion by Herfert, seconded by Manners, and unanimously carried to hold over this item. Recess Mayor Jennings called a recess at 11:43 pm. Council reconvened at 11:55 pm. COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY 1) Mayor Jennings recessed the City Council at 11:55 pm to convene the Redevelopment Agency meeting. Council reconvened at 12:04 am. 2) Agreement for Business Promotion Services Council reviewed the staff report. Business Promotion Motion by Herfert, seconded by Manners, Services Agreement and unanimously carried to approve the agreement for Business Promotion Services, and approve the appropriation and expenditure of $236,000 for the promotional services provided by the Auto Dealers Association. HUMAN SERVICES 1) Request for Proposals for the Westpark Dial - A -Ride Service Council reviewed the staff report. RFPs re Dail -A -Ride Motion by Herfert, seconded by McFadden, and unanimously carried to authorize the Westpark Transit authority to request proposals for the operation of the Westpark Dial -A -Ride Service. 2) Shuttle Contract Extension Council reviewed the staff report. DAVE Transportation Motion by Manners, seconded by Herfert, Amendment No. 4 and unanimously carried to approve Amendment No. 4 to the Shuttle Agreement with DAVE Transportation Services. 6 • CITY COUNCIL MINUTES of 10/5/93 PUBLIC SAFETY SERVICES FIRE DEPARTMENT Second Supplemental Weed and Rubbish Abatement Council reviewed the staff report. 2nd Sup. Weed & Rubbish City Clerk presented: List, hearing: 10/19 RESOLUTION NO. 9022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION OF INTENTION NO. 8952 BY APPROVING THE SECOND SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST Motion by Manners, seconded by Wong, and unanimously carried to waive further reading of the resolution and adopt. Motion included setting the time and place for the hearing at October 19, 1993 at 7:30 pm. POLICE DEPARTMENT Federal Police Hiring Supplement Program Council reviewed the staff report. Federal Police Hiring Motion by Manners, seconded by McFadden, and Program unanimously carried to receive and file the report, supporting the Police Chief's recommendation. ADMININTRATIVE SERVICES No reports scheduled for this meeting. GENERAL ADMINISTRATION CITY ATTORNEY City Attorney Hanna stated that there would be need for the Council to meet in closed session at the end of the meeting. CITY MANAGER 1) Final FY 93/94 Budget City Manager Starbird presented the finished .budget document, and commended the following Final FY 93/94 Budget three individuals for dedication and hardwork and designing and completing it: ,Abe Koniarsky Finance Director Dan Holler - Administrative Analyst II David Gould - Reprographics Supervisor Motion by Herfert, seconded by McFadden, and unanimously carried to adopt the Final FY 93/94 Annual Budget as presented. 2) Cable Television Regulation Council reviewed the staff report. Both Cable TV Regulation Mayor Jennings and Mayor Pro Tem Wong felt that there was not an urgent need for Council to become certified at this time. City Clerk presented: RESOLUTION NO. 9023 - A RESOLUTION OF Resolution 9023 - THE CITY COUNCIL OF THE CITY OF WEST COVINA, certification CALIFORNIA, AUTHORIZING THE SUBMISSION, OF A CERTIFICATION APPLICATION TO THE FEDERAL. 7 CITY COUNCIL MINUTES of 10/5/93 COMMUNICATIONS COMMISSION, ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE FEDERAL COMMUNICATION COMMISSION'S BASIC SERVICE RATE RULES AND REGULATIONS; AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF INTERESTED PARTIES IN RATE REGULATION PROCEEDINGS TAKEN HEREUNDER . Motion by Herfert, seconded by McFadden to waive further reading of the resolution and adopt. Motion carried with Wong and Jennings abstaining. 3) Investigation of Complaints Against Pomona Valley Humane Society Assistant City Manager Wylie elaborated on the staff report. Councilmember Herfert felt the City Complaints against PVHS should get involved and made a motion to form an animal care committee for about a year. The motion was seconded by McFadden. Councilmember Manners felt the City already. had a citizens in the West Covinans for Animal Care Reform. Mayor Jennings concurred. Mayor Pro Tem Wong stated his opposition to the formation of a committee unless Herfert would accept the position of liaison. Herfert accepted. The motion passed by the following roll call vote: AYES: Herfert, McFadden, Wong NOES: Manners, Jennings APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve Demands totaling $1,994,530.43 as listed on check registers FI 142684 through 14297.6, except Check No. 142808 ( Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None ABSTAIN: Herfert re SCE billing ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, commented on Royal Brown BKK revenue estimates as reported in the Tribune. MAYOR'S REPORTS Motion by Wong, seconded by Manners, and unanimously carried to designate Councilmember Manners as the voting delegate to the National League of Cities Conference scheduled for December 275, 1993 in Orlando, Florida. COUNCILMEMBERS' REPORTS Resolution supporting the City's designation as the Local Solid Waste Management Enforcement Agency Hearing Panal. Motion by Herfert, seconded by Manners, and unanimously carried to hold over this item. E CITY COUNCIL MINUTES of 10/5/93 Manners McFadden Herfert CLOSED SESSION ADJOURNMENT ATTEST: City Clerk Janet Berry Councilmember Manners reported on the status of the two League resolutions she was involved with: 1) regarding gun control and 2) a smoking ban. Councilmember McFadden announced that BKK has filed a claim against the City for past business license tax in the amount of $4 million. Councilmember Herfert requested that the subject matter of court TV on cable be agendized for the next meeting. Mayor Jennings recessed the City Council meeting at 1:35 am to convene a closed session with the City Attorney, pursuant to Government Code Section 54956.9(a), to discuss litigation entitled Luera vs West Covina. Council reconvened at 1:45 am. Motion by Manners, seconded by McFadden, and unanimously carried to adjourn the meeting at 1:45 am. 0