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01-18-1994 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 18, 1994 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 Dr. E.W. McCall, Pastor of St. Stephen Missionary Baptist Church and the Pledge of Allegiance was led by Councilmember Manners. ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Councilmembers Herfert, Manners', McFadden Others Present Starbird, Wylie, Thomas, Miller, Glover, Salazar, Keating, Orr, Samaniego, Greene, Collier, Evans, Buchanan, Distelrath, Berry APPROVAL OF MINUTES Motion by Herfert, seconded by McFadden, and unanimously carried to approve the minutes of the regular meeting held January 4, 1994. PRESENTATIONS West Covina High School Coach Bob Mount assisted Mayor Jennings with Certificates of Recognition for the members of the school's football team for achieving the 1993 Sierra League Championship. Mayor Jennings presented Coach Bob Mount with a Certificate of Recognition for being chosen San Gabriel Valley Coach of the Year. Fire Chief Greene presented a video showing assistance given by West Covina Firefighters who had been deployed to the San Fernando Valley following the devasting earthquake that happened there on January 17, 1994. HEARINGS No hearings scheduled for this meeting. AGENDA AND ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, discussed Item E-1 (BKK Proposition 65 Warning for Vinyl Chloride Update), noting her disappointment with the responses received by the regulatory agencies. She also felt that a business license tax collected on the BKK generator should be instituted by the City. Royal Brown, 2153 Aroma Drive, addressed both Items E-1 and F-1 (Vinyl Chloride Measurement for Risk vs Enforcement), suggesting that the franchise fee collected from BKK should be used to cover the cost of distributing the staff • reports to the residents (regarding Prop 65 Warning issue). John Hyma introduced himself as the recently appointed interim principal at West Covina High School for the next two months. CONSENT CALENDAR Written Communications (none received) Minutes of January 18, 1994 Commission summary of Actions (receive & file) Planning Commission . . . . . . . 4/11/94 Personnel Commission . . . . . . 4/12/94 • ABC Application (no protest) Spencer, Joseph dba Spencer's Bar & Grill West Covina 2646 E. Garvey Avenue Claims for Action (deny and notify claimant) On November 19, 1993, the City Clerk's Office received a claim for indemnification from Paul Fest pertaining to a lawsuit filed against claimant for premises liability. On -November 19, 1993, the City Clerk's Office received a claim for wrongful death from Linda James, Mother of Neekisha ' Lashan Borde, deceased. The claim amount had not been determined at time of presentation. Temporary Use Permits (receive & file) TUP #2160-93 was issued to Mervyn's for a sidewalk sale at the Eastland Mall from 12/24 through 12/26. TUP #2161-94 was issued to Aris Helicopters for helicopter installation replacement of roof top A/C units at Coast Federal Bank on 1/15. Acceptance of Improvements and Release of Bonds SP 92107 - Recommendation is to accept improvements located C.T. & F. Company at Amar Road and Nogales Street and Amar Road and Shopping Center Driveways, and release Insurance Company of the West Insurance Bond No. SUR1239897 in the amount of $39,084.00, subject to Notice of Completion procedures. Miscellaneous - Engineering Department Construction Activity Report (receive & file) Report for the 4th quarter of 1993. Miscellaneous'- Planning Department Reintroduction of Zone Change No. 642 Recommendation is to waive further reading and introduce the following ordinance: Ord. reintroduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Zone Change 642 OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 642 - Birtcher Senior Properties) 2 • U City Council Minutes 1/18/94 Miscellaneous - Office of Emercencv Services Signature Authorization for the Emergency Management Assistance Program Recommendation is to waive reading and adopt the following resolution: Resolution 9046 - RESOLUTION NO. 9046 - A RESOLUTION OF THE Alternate Signature CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ALTERNATE SIGNATURE, IN THE ABSENCE OF THE CITY MANAGER, FOR REIMBURSEMENT CLAIMS UNDER THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM Approval of Final May (adopt resolution) Location: Sunrise Palms on California Avenue Resolution 9047 - RESOLUTION NO. 9047 - A RESOLUTION OF THE Lot Line Adjustment CITY COUNCIL OF THE CITY OF WEST COVINA, No. 112 CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 112 AND DIRECTING THE RECORDATION THEREOF (Lewis Homes of California) CONSENT CALENDAR MOTION Motion by Wong, seconded by Manners to waive further reading of the resolutions and adopt, waive further reading of the ordinance and reintroduce, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None PUBLIC WORKS SERVICES SP 94109 - City Curb Address Painting - Approval of Plans and Specifications SP 94109 - Council reviewed the staff report. Plans & specs approved Motion by Herfert, seconded by Manners, and unanimously carried to approve plans and specifications for SP 94109 and authorize the City.Engineer to call for bids. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) BKK Proposition 65 Warning for vinyl Chloride - Update Prop 65 Update Waste Management Enforcement Manager Samaniego elaborated on the staff report and responded to Council's questions and comments. City Manager Starbird stated that in response to Mr. Brown's suggestion to inform the residents of the issues at hand, it might be prudent to wait for the response from the Attorney General first. Councilmember Herfert countered that an article in the Tribune should be copied and distributed. Other Councilmembers felt the subject should be addressed in the next citywide newsletter. Motion by Manners, seconded by Wong, and unanimously carried to receive and file the report. Councilmember Herfert elected to copy the Tribune article and walk it around to the adjacent neighborhoods of BKK. City Council Minutes 1/18/94 ENVIRONMENTAL SERVICES Vinyl Chloride Measurement for Risk vs Enforcement Environmental Services Director Miller • elaborated on they staff report with overheads explaining the different levels of measurements used by the various agencies. Motion by Herfert, seconded by McFadden, and unanimously carried . to request the appropriate agencies to provide an explanation of the different concentration levels of vinyl chloride for Proposition 65 purposes vs enforcement and other purposes. Mayor Pro Tem Wong clarified that the City is asking for an explanation as to how the agencies arrived at the risk level. COMMUNITY DEVELOPMENT SERVICES Redevelopment Agency Mayor Jennings recessed the City Council meeting at 9:15 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 9:19 pm with all members present. HUMAN SERVICES Westpark Dial -a -Ride Service Aareement Dial -a -Ride Agreement Human Services Director Salazar presented the staff report. In response to a question regarding electrical vehicles, Mr'.Salazar stated those types of vehicles are best used on fixed routes and when the Shuttle agreement needs to be reviewed/renewed, the subject of electrical vehicles will be addressed. Motion by Manners, seconded by Wong, and unanimously carried to approve a five-year agreement with DAVE Transportation Services, Inc. for operation of the Westpark Dial -a -Ride service. PUBLIC SAFETY SERVICES No items scheduled for this meeting. ADMINISTRATIVE SERVICES No items scheduled for this meeting. CITY ATTORNEY City Attorney Hanna stated there would be a need for a closed session at the end of the meeting, pursuant to Government Code Section 54956.9(a) to discuss pending litigation entitled City of West Covina vs BKK Corporation. APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve Demands totaling $1,888,891.65 as listed on check registers FI 144928 through 145195. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None ABSTAIN: Herfert re SCE billing City Council Minutes. 1/18/94 ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, commended Council - member Herfert for volunteering to distribute copies of the Tribune article relating to the Prop 65 issue. He then asked if the costs for duplicating the article and/or mailing it could • be covered by BKK franchise tax. City Attorney responded in the affirmative. MAYOR'S REPORTS No reports offered. COUNCILMEMBERS' REPORTS Councilmember Herfert reported on the recent Pomona Valley Humane Society Board of Directors meeting that he attended. He had asked them to reconsider their "closed" meeting policy. He also asked for a status report regarding lighting the football field at Cortez Park and that staff agendize the subject matter of the Veterans Memorial (the group apparently needs seed money). Mayor Pro Tem Wong asked Councilmember Herfert what his assessment was of the treatment of the animals at the Humane Society now that he has become involved with the issue. Councilmember Herfert responded that he hasn't had time to check out the facility. Councilmember McFadden encouraged everyone to listen to the candidates involved in the upcoming City election scheduled for April 12, 1994, and to vote! Recess Mayor Jennings recessed the meeting at 9:45 pm conduct the closed session as requested by the City Attorney. Council reconvene at 10:50 pm. Attest: City Clerk Janet rry Motion by Wong, seconded by Manners, and unanimously carried to adjourn the meeting at 10:50 pm to 6:30 pm on Monday January 24, 1994. 5