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11-16-1993 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL REGULAR MEETING November 16, 1993 The regular meeting of the West Covina City Council was called to order by Mayor Jennings at 7:40 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City Manager Starbird and the Pledge of Allegiance was led by Mayor Jennings. ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Council - members Manners, Herfert. Councilmember McFadden arrived at 8:00 pm. Others Present: Starbird, Wylie, Thomas, Orr, Hanna, Collier, Glover, Samaniego, Lennard, Dillon, D. Nelson, M. Nelson, Patton, Holmes, Holler, Yoshizaki, Koniarsky, Berry, Greene, Meier, Genovese, Mitchell, Wirtz, Curtis, Geurts, Gormican, Kissane, Hills, Whithorn, Burton, Gardner, Keating APPROVAL OF MINUTES Motion by Wong, seconded by Herfert, and unanimously carried to approve the minutes of the special meeting of October 19, 1993. Motion by Wong, seconded by Herfert, and unanimously carried to approve the minutes of the regular meeting of October 19, 1993. Motion by Herfert, seconded by Wong, and unanimously carried to approve the minutes of the adjourned regular meeting of October 25, 1993. PRESENTATIONS/PROCLAMATIONS Motion by Jennings, seconded by Herfert, and unanimously carried to approve a resolution of commendation for Olegario D. Cantos, VII - President of the National Association of Blind Students and President of the California Association of Blind Students. Mayor Jennings then presented the resolution of commendation to Mr. Cantos. Fire Chief Greene and Paramedic Geurts presented the Fire Department's Medal of Valor to Mrs. Shirley Colbert, who had placed her own life in jeopardy to save a child from being hit by a car. The child was unhurt, but Mrs. Colbert sustained serious injuries. The Medal of Valor is the highest award given by fire service agencies to civilians who have performed heroic acts. Fire Chief Greene presented a video on West Covina's firefighting effort during the recent Southern California fire storms. McFadden arrives Councilmember McFadden arrived at 8:00 pm. 10, City Council Minutes of 11/16/93 HEARING MP 94126 - UNDERGROUND UTILITY DISTRICT #5 Mayor Jennings stated that the purpose of the hearing is to consider the creation of an underground utility district in the San Bernardino Road area, utilizing Public Utilities Commission Rule 20A Set -aside Funds. Underground Utility District No. 5 City Clerk Berry verified the affidavits of mailing. Mayor Jennings opened the hearing and the staff report was presented by City Engineer Thomas. Public_Testimony Mayor Jennings opened the public testimony portion of the hearing. City Clerk Berry none stated that no written protests or objections had been received. Mayor PublicTestimony closed Jennings asked for verbal objections or comments .and no one addressed Council. Mayor Jennings closed the public testimony portion of the hearing. Resolution 9031 - City Clerk presented: U.U.D. #5 RESOLUTION NO. 9031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CREATING UNDERGROUND UTILITY DISTRICT NO. 5 (San Bernardino Road west of Lark Ellen Avenue) Motion by Wong, seconded by McFadden .to waive further reading of the resolution and adopt. Motion carried with Herfert abstaining, due to conflict of interest (Southern California Edison, his employer). AGENDA AND ORAL COMMUNICATIONS Robert Bacon Robert Bacon, 100 N. Barranca Street, spoke in favor of his request for an amendment to the Municipal Code regarding billiard parlors (G-1). Paul Hammerstrom Paul Hammerstrom, 1519 Newcrest, complained that the two most important issues of the evening (E-1 and K-2) were at the end of the meeting. He also discussed new legislative actions regarding the Brown Act and encouraged Council to implement them before the effective date of April, 1994. Bill Ketteringham Bill Ketteringham, 1032 S. Valinda, spoke as Chairman of the Waste Management and Environmental Quality Commission and noted that the commission has been discussing the vinyl chloride issue and will. continue to do so (E-1). He stated that the problem of inadequate public notification actually lies with the poor language of Prop 65 and not necessarily with BKK. Jean Arneson Jean Arneson, 1116 Donna Beth, spoke in opposition to a proposed citizen survey regarding the BKK Landfill. If a survey were to be done, she presented several questions that should be included. She felt strongly that the Council cannot shift the responsibility for closing the landfill in 1995 on the results. of a telephone survey. 2 City Council Minutes of 11/16/93 Mike Mohajer Mike Mohajer, 738 S. Hillward, also spoke in opposition to a citizen survey (K-2). He felt Council was elected to make such decisions. Janis Bonneville Janis Bonneville, 1521 Fairway Knolls, felt there were no benefits in keeping the landfill open past November, 1995, and spoke against the citizen survey. City Attorney Hanna responded to Mr. Hammerstrom's comments re Brown Act, noting that the City Council is in compliance with the amendments. Mayor Pro Tem Wong also noted that citizens may address the City Council at the beginning of the meeting under AGENDA AND ORAL COMMUNICATIONS and again at the end of the meeting under ORAL COMMUNICATIONS. CONSENT CALENDAR Written Communications (none received) Summary of Actions (receive & file) Planning Commission . . . . . 11/9/93 Claims for Action (deny & notify claimant) On October 25, 1993, the City Clerk's Office received a claim for indemnification pertaining to a lawsuit filed against claimants for premises liability from Trust Services of America, Northern Trust Bank, and Michael Weiner. Temporary Use Permits (receive & file) TUP #2151-93 was issued to William Duncan for a Christmas Tree lot at 143 N. Barranca from 12/3 to 12/24. TUP #2152-93 was issued to the West Covina Fire Department for a car show at the Eastland Shopping Center on 11/6. TUP 12153-93.was issued to John Bolender for a Christmas Tree lot at 1200 W. Francisquito from 12/2 to 12/23. TUP #2154-93 was issued to Alpha Beta to have 'a Christmas Tree lot at 1525 Amar Road, from 12/4 to 12/22. Administrative Review Board (rec. & file) Driveway Modification #82 Applicant: Darrell Yarner Location: 508 N. Shadydale Avenue Request: To approve a driveway modification in the R-1, Area District V, Hillside Overlay Zone. Decision: Approved City Council Minutes of 11/16/93 Acceptance of Improvements and/or Release of Bonds TR 46780 - Location: N/W Azusa Avenue and Mobeck. Lewis Homes Recommendation is to acknowledge completion of on -site improvements and release Developers Insurance Company Bond No. 223851-S and 223852-S in the amount of $687,000.00. Award of Bid 1) PP 93212 - Park Identification Signs PP 93212 - Recommendation is to a) transfer Quick Crete Products Corp. $1,162.87 from Park Maintenance Account (188-320-2244-6310) to PP 93212 (118-320- 3325-7700), and b) accept the bid of Quick Crete Products Corporation in the amount of $21,162.87 as submitted at the bid opening of November 2, 1993, and authorize the Mayor and City Clerk to execute a contract. 2) GP 94307 - Fire Station #3 Roof Repair GP 94307 - Recommendation is to reject the one bid Bid rejected received which exceeded funds available for the project and authorize the Maintenance Director to re -advertise and call for new bids. Miscellaneous - Engineering Department 1) Parcel Map 7617 - Easement Vacations 'Brookhollow Apartments (adopt reso) RESOLUTION NO. 9032 - A RESOLUTION OF Resolution 9032 - THE CITY COUNCIL OF THE CITY OF WEST COVINA, Parcel Map 7617 CALIFORNIA, VACATING AND ABANDONING PORTIONS OF,SANITARY SEWER AND WATER LINE EASEMENTS WHICH HAVE BEEN SUPERSEDED BY RELOCATION (Parcel One of Parcel Map 7617) 2) FY 93/94 Transportation Development Act (TDA) Funding (adopt reso) Resolution 9033 - RESOLUTION NO. 9033 - A RESOLUTION OF TDA funds for sidewalks THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND RECONFIRMING THE ADOPTION OF ITS BICYCLE AND PEDESTRIAN PLAN CONSENT CALENDAR MOTION Motion by Manners, seconded by McFadden to waive further reading ofthe resolutions and adopt, and to approve all other items except Item C-7b (Resolution 9033). Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None Item 7b Councilmember McFadden stated that he has received requests for more bikeways in the City Council Minutes of 11/16/93 City. City Engineer Thomas responded that most of the bikeways on the Master Plan have been built. City Manager Starbird suggested that the Master Plan be revisited and included in Council's review of CIP projects. Motion by Manners, seconded by McFadden to waive further reading of Resolution 9033 and adopt. Motion carried unanimously. PUBLIC WORKS GP 87308 & GP 94313 - New Fire Station #2 and New Parking Lot in Cortez Park - Approval of Plans and Specifications GP 87308 &'GP 94313 - Council reviewed the staff report. Plans & specs approved Motion by Maners, seconded by Wong, and unanimously carried to a) establish GP 94313,for the new parking lot west of the Senior Center, and b) approve plans and specifications for GP 94313 and GP 87308 and authorize the Maintenance Director to .call for bids. SP 94104 - Curb and Gutter Repair - Approval of Plans and Specifications SP 94104 - Council reviewed the staff report. 'Plans & specs approved Motion by Manners, seconded by McFadden, and unanimously carried to approve the plans and specifications for SP 94104 and authorize the City Engineer to call for bids. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) BKK Proposition 65 Warning for vinyl Chloride Undate Waste Management Enforcement Manager BKK/Prop 65/Vinyl Chloride Samaniego presented the staff report, reviewing a letter of response from the EPA to specific questions. Council felt the EPA's answers.were rather inconclusive. In response to other questions posed by Council, Special Counsel Lennard explained the scope of authority inherent in the LEA's position which does not include enforcement of Prop 65's public notice requirements. Mr. Lennard suggested seeking an Attorney General's opinion on the "timing" requirements which are so vaguely mentioned in Prop'65. He also suggested contacting the Department of Toxic Substance and Control, as the DTSC is the lead agency in determining reporting violations. Motion by McFadden, seconded by Herfert, and unanimously carried to receive and file the staff report, follow up with a letter to the Attorney General and the DTSC, and request BKK to publish their notices within 10 days of each occurrence. 5 City Council Minutes of 11/16/93 Recess Mayor Jennings called a recess at 9:30 pm. Council reconvened at 9:42 pm with all members present. ENVIRONMENTAL SERVICES West Covina Disposal Rate Review Disposal Rate Review Assistant City Manager Wylie elaborated on the staff report. Council discussed the two different options and cited their reasons for the option they chose. Motion by Manners, seconded by Herfert to authorize the Mayor and City Clerk to execute Amendment No. 2 to the Agreement between the City of West Covina and Arakelian Enterprises, Inc. dba West Covina Disposal for the collection of solid waste, recyclables, yard wastes and other compostables utilizing Option No. 2. Motion failed by the following vote: AYES: Manners, Herfert NOES: McFadden, Wong, Jennings Option 1 approved Motion by McFadden, seconded by Wong to approve the amendment utilizing Option No. 1. Motion carried by the following vote: AYES: Herfert, McFadden, Wong, Jennings NOES: Manners Council next discussed the effective date of the amendment. West Covina Disposal General Manager Chiapetta requested October 1st. Motion by Herfert, seconded by McFadden to approve an effective date of October 1, 1993. After more discussion, a substitute motion was offered by Wong, seconded by Manners to approve an effective date of November 1st. Motion failed by the following vote: AYES: Manners, Wong NOES: Herfert, McFadden, Jennings Effective date: 10/l/93 Action was then taken on the original motion which was approved by the following vote: AYES: Herfert, McFadden, Jennings NOES: Manners, Wong COMMUNITY.DEVELOPMENT SERVICES PLANNING DEPARTMENT Request for Code Amendment Regarding Billiard Parlor and Pool Hall Requirements Planning Director Collier presented the staff report. Billiard Parlors Motion by Manners, seconded by McFadden, and unanimously carried to direct staff to initiate a code amendment to allow alcohol at billiard parlors and establish regulations for all alcohol licenses. 10) City Council Minutes of 11/16/93 REDEVELOPMENT AGENCY HUMAN SERVICES PUBLIC SAFETY SERVICES Computer upgrade: Hewlett-Packard ADMINISTRATIVE SERVICES GENERAL ADMINISTRATION city Manager APPROVAL OF DEMANDS Mayor Jennings recessed the City Council meeting at 10:45 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 11:00 pm with all members present. No reports scheduled for this meeting. POLICE Computer System Replacement Lt. Jim. Dillon presented the staff report. Motion by Herfert, seconded by McFadden, and unanimously carried to authorize the renewal of a 60 month lease month. The Drug account will absorb cost and the City's Section will fund of the approved 93/94 at $20,598.09 per Enforcement Rebate $15,598.09 of this Information Systems $5,000 per month out budget. No reports scheduled for this meeting. City Attorney reported that there would be no closed session at the end of tonight's meeting. Citizen Survey Regarding SKK Landfill Assistant City Manager Wylie elaborated on the staff report. After some discussion, motion by Wong, seconded by Jennings to direct staff to seek proposals for the cost, methodology, time frame, etc., for a survey from appropriate contractors. Staff to include qualifications of the recommended contractor. Mayor Jennings noted that the cost for such a survey should be known before any work on the survey is done. Motion carried with Herfert and McFadden voting no. Motion by Wong, seconded by Manners to approve demands totaling $1,842,173.57 as listed on check registers FI 143636 thru 143969. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None , ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, suggested more fire breaks in the San Jose Hills as a preventative measure against fires and vinyl chloride checks to be done by BKK daily during a crisis. Mike Mojaher, 738 S. Hillward, suggested releasing the survey results after the April City election if the concern was that the results would effect the election. 7 0 City Council Minutes of 11/16/93 MAYOR'S REPORTS Paul Hammerstrom, 1519 Newcrest, noted that only Mayor Pro. Tem Wong wants the citizen survey. He felt the agencies with enforcement powers over BKK Landfill are speaking different languages, meaning they are not cooperating with each other and shifting responsibilities. Item taken at the beginning of the meeting. COUNCILMEMBERS' REPORTS Councilmember Manners noted that she would Manners leaving on November 30th for the National League of Cities Annual Conference which conflicts with the scheduled joint meeting with the Planning Commission. Staff to look into rescheduling the joint meeting. Herfert Councilmember Herfert requested Mr. Hammerstrom's concerns about the new Brown Act amendments be agendized for Council. He also requested a letter from Georgia Kramer be agendized for Council's consideration. He also reported that he went to his first meeting with the West Covinans for Animal Care Reform and then met with the Director of Pomona Valley Humane Society. He noted that the Agendas and Minutes of the PVHS Board of Directors will be sent to the City Clerk's Office and that the Cities of Covina and West Covina will be included in the adoption program currently in place at the Humane Society. McFadden Councilmember McFadden noted his apprecia- tion of Mr. Hammerstrom's attendance and comments at Council meetings. He also requested a report on the matter of assigning a West Covina Police Officer at the Plaza at West Covina, along with pertinent issues such as: needs, costs, and participation by CenterMark Properties. Wong In response to comments made earlier regarding Brown Act requirements, Mayor Pro Tem Wong explained the purpose of closed sessions and the type of issues that can be discussed during those sessions. Jennings Mayor Jennings asked about the status of the MSI study and City Manager Starbird stated that the City expects to receive a report in December. ADJOURNMENT ATTEST: Motion by Herfert, seconded and unanimously carried to meeting at 12:25 am. by Jennings, adjourn the ✓G41" __}U City Clerk Jane 106rry El