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.
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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.
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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.
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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.
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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.
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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