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02-15-1994 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL February 15, 1994 The regular meeting of the West Covina City Council was called to order by Mayor Jennings at 7:45 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City Engineer Thomas and the Pledge of Allegiance was led by Councilmember McFadden. ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Council - members Herfert, Manners, McFadden Others Present: Starbird, Wylie, Hanna, Thomas, Miller, Glover, Orr, Gardner, Greene, Samaniego, Tucker, Irwin, Johnson, Yoshizaki, Panas, Collier, Distelrath, Patton, Berry APPROVAL OF. MINUTES Motion by Wong, seconded by Herfert, and unani- mously carried to approve the minutes of the joint meeting of the Council and the Planning Commission held on January 24, 1994, and to approve the minutes of the special meeting held February 8, 1994. Motion by Wong, seconded by Manners, and unanimously carried to approve the minutes of the regular meeting held February 1, 1994. Mayor Jennings called to order the Redevelopment Agency at 7:50 pm in order to conduct the following joint public hearing with the City Council. HEARING JOINT PUBLIC HEARING ON THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND FIVE STAR ENTERPRISES AND ORVAL PAUL City Clerk Berry verified the affidavit of publication and Mayor Jennings opened the hearing. City Manager Starbird stated that the staff recommendation is to continue the joint hearing to March 1, 1994. Mayor Jennings asked if there was anyone in the audience who wished to speak to this item, even though there would be an opportunity to speak on March 1. No one addressed the Council. Hearing continued Motion by Herfert, seconded by McFadden, to 3/1/94 and unanimously carried to continue the hearing until March 1, 1994. • Mayor Jennings recessed the Redevelopment Agency at 7:55 pm to continue with the City Council agenda. AGENDA AND ORAL COMMUNICATIONS Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, opposed Item K-2a (BKK Landfill Public Opinion Survey). • Paul Hammerstrom Paul Hammerstrom, 1519 Newcrest, opposed Item K- 2a and reiterated his opposition to keeping the landfill open past November, 1995. Suzanne Dunn Suzanne Dunn, President of West Covina Chamber of Commerce, expressed support for Item F-2 (Abatement of Graffiti Ordinance) although she wasn't so sure that the "lock up" provisions would curtail graffiti. Larry Carter Larry Carter, 2635 E. Charlinda, spoke favorably of Item C-4b (SD 94127 - Charlinda & Citrus Drainage Control Project). Jean Arneson Jean Arneson, 1116 Donna Beth, opposed Item K-2a in that the survey would weaken the City's position in the court case against BKK. Iris Delameter Iris Delameter, 1212 W. Eckerman, voiced her opposition to the survey (Item K-2a). Royal Brown Royal Brown, 2153 Aroma Drive, opposed the survey (Item K-2a). Michael Touhey Michael Touhey, 223 N. Toland, opposed the survey (Item K-2a) and felt that the upcoming election would serve as the public opinion poll. Don Carmen Don Carmen, 1238 W. Hollencrest Drive, opposed the survey (Item K-2a). Michael Touhey Michael Touhey, 223 N. Toland, asked about the Mauna Loa Apartments financial arrangements. CONSENT CALENDAR Written Communications (none received) Commission Summary of Actions (receive & file) Planning Commission 2/8/94 Temporary Use Permits (receive & file) TUP #2164-94 issued to Hassen Development for a sidewalk sale on 2/12 through 2/14 at West Covina Village Shopping Center. TUP #2165-94 issued to Eastland Center for a sidewalk sale on 2/3 through 2/5 at Mervyn's. Miscellaneous - Fire Department WEED & RUBBISH ABATEMENT CONTRACT EXTENSION Gardner Tractor Recommendation is to approve an extension Azteca Landscape of the 1993 contracts for one year and authorize the Mayor and City Clerk to execute the contracts. Miscellaneous - Public Works SD 94127 - CHARLINDA AND CITRUS DRAINAGE CONTROL Recommendation is to: a) establish SD 94127 Charlinda Avenue/Citrus Street Storm Drain, and b) appropriate $50,000 from the Capital Improvement Fund to SD 94127. • J CITY COUNCIL MINUTES OF 2/15/94 Approval of Final Map (adopt resolution) 3 Resolution 9053 - RESOLUTION NO. 9053 - A RESOLUTION OF THE Tract Map 51590 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 51590 (CenterMark, Inc) CONSENT CALENDAR MOTION Motion.by Herfert, seconded by McFadden to waive reading of the resolution and adopt, and to approve all other items listed on the Consent Calendar, except: C-4a and C-4b. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None McFadden Councilmember McFadden asked for clarification regarding C-4a (Weed & Rubbish Abatement Contract Extension) and C-4b (SD 94127 - Charlinda and Citrus Drainage Control). Staff responded. Motion by Wong, seconded by Manners, 'and unanimously carried to approve both C-4a and C- 4b. PUBLIC WORKS 1) LOS ANGELES COUNTY REGIONAL PARR AND OPEN SPACE DISTRICT COMPETITIVE GRANTS APPLICATIONS City Engineer Thomas'presented the staff report and responded to Council comments. City Clerk Berry presented: Resolution 9054 - RESOLUTION NO. 9054 - A RESOLUTION OF graffiti prevention THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT GRAFFITI PREVENTION COMPETITIVE GRANT PROGRAM FOR THE CITY PARK RESTROOM ANTI -GRAFFITI COATING Resolution 9055 - RESOLUTION NO. 9055 - A RESOLUTION OF Galster Park trails THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAILS ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR GALSTER PARK TRAILS Motion by McFadden, seconded by Herfert, and unanimously carried to waive further reading of the resolutions and adopt. 2) WP 93111 - INSTALLATION OF PRESSURE REDUCING VALVES - APPROVAL OF PLANS & SPECIFICATIONS WP 93111 - Council reviewed the staff report. Plans & specs approved Motion by Manners, seconded by McFad- den, and unanimously carried to approve plans and specifications for WP 93111 and authorize the City Engineer to call for bids. Recess Mayor Jennings called a recess at 9:00 pm. Council reconvened at 9:12 pm with all members present. CITY COUNCIL MINUTES OF 2/15/94 4 WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled. ENVIRONMENTAL SERVICES 2) ANNUAL CLEANUP CAMPAIGN Annual Cleanup Campaign Environmental Services Director Miller presented the staff report. Mayor Pro Tem Wong suggested that the household hazardous waste roundup flyers be included in the trash billings throughout the year. Mr. Miller stated that it would be possible to do that now that the County has come up with six-month schedules for their roundups. In response to a question by Council - member McFadden, Mr. Miller stated that nonprofit organizations such as the Salvation Army would need to contact Athens Disposal if they were interested in salvaging discarded items. Motion by Wong, seconded by Manners, and unanimously carried to approve the Annual Clean Up, Paint Up, Fix Up Campaign to be the full month of May and approve the clean up collection schedule for a five week period of time, commencing with April 30, 1994. 2) ABATEMENT OF GRAFFITI ORDINANCE Abatement of Graffiti Environmental Services Director Miller Ordinance presented the staff report. Council was favorably disposed with the proposed ordinance, although an in-depth discussion ensued regarding the lock -up provisions of the ordinance which restricts access to markers and spray cans. On the one hand, neighboring cities are restricting access and if West Covina doesn't do likewise, taggers will come to our City to obtain their writing implements. In addition, the markers and spray cans are easily stolen if they are not "locked -up." The other point of view expressed by Mayor Pro Tem Wong was that experts do not necessarily believe that restricting access to these implements reduces graffiti. And if that's the case, why impose additional restrictions on businesses if there isn't a proven benefit. City Clerk Berry presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING AND EXPANDING PROVISIONS REGARDING ABATEMENT OF GRAFFITI Original motion Motion by McFadden, seconded by Herfert to waive further reading of the ordinance and introduce with an amendment to allow businesses 60 days to comply with the lock -up provisions. Substitute motion dies A substitute motion was offered by Manners to approve Option No. 2 of the staff report, which is to introduce the ordinance but hold off the adoption until the Chamber of Commerce surveys the businesses that could possibly be affected and report the results to the City Council. Motion dies for lack of a second. E • CITY COUNCIL MINUTES OF 2/15/94 1st amendment 2nd amendment Painting walls adjacent to arterial streets 5 An amendment to the original motion was offered by Jennings, seconded by Wong to utilize Option No. 1 which is to introduce the ordinance without the limitations to the access to the listed graffiti implements. (Strikes the provisions restricting access.] . Councilmember McFadden disagreed with the suggested first amendment as it would delete the "meat" of the ordinance. He offered a 2nd amendment, seconded by Manners to introduce the ordinance but postpone the adoption of the ordinance until the Chamber of Commerce conducts a survey of the businesses. This amendment failed by the following vote: AYES: Manners, McFadden NOES: Herfert, Wong, Jennings Mayor Jennings then asked for a vote on the 1st amendment which waives reading of the ordinance and approves the introduction, and deletes the restricting access provisions. The 1st amendment carried by the following vote: AYES: Manners, Wong, Jennings NOES: Herfert, McFadden Councilmember Manners noted that the matter of reconsidering the issue of restricting access to graffiti implements can always be brought up at a future time. 3) PAINTING OF WALLS ADJACENT TO ARTERIAI STREETS Environmental Services Director Miller presented the staff report. Mayor Pro Tem Wong felt there may be property owners who may wish to paint their walls with one of the other "standard colors" used by the graffiti abatement provider and suggested those colors be made available. Motion by Wong, seconded by Manners, and unanimously carried to: a) Adopt the 'three basic colors (beige, gray, and pink) for the walls adjacent to the arterial streets in the City. b) Direct staff to work with the Task Force to design a citywide community paint - out program that will complete the painting of the walls over a 90-day period of time. c) Refer the funding of this program to the 94/95 budget process for the Citywide Lighting and Landscape Maintenance District. Motion included making available to the public a listing of the colors used by the graffiti abatement provider. COMMUNITY DEVELOPMENT SERVICES REDEVELOPMENT AGENCY 1) Mayor Jennings recessed the City . Council meeting at 10:26 pm. Council reconvened at 10:48 pm with all .members present. 0 is CITY COUNCIL MINUTES OF 2/15/94 Educational Revenue Augmentation Fund 2) rl Notification Regarding Redevelopment Agency Payment to Educational Revenue Augmentation Fund Council reviewed the staff report. Motion by Manners, seconded by McFadden, and unanimously carried to authorize the Mayor to notify the County Auditor no later than March 1, 1994 that the West Covina Redevelopment Agency's, allocation to the Educational Revenue Augmentation Fund will be made from tax increment revenues held in reserves for project development. PUBLIC FINANCING AUTHORITY 1) Mayor Jennings recessed the City Council meeting at 10:36 pm to convene the Public Financing Authority meeting. The City Council reconvened at 10:48 pm with all members present. 2) West Covina Public Financing Authority Component Unit Financial Report Report received & filed Motion by Wong, seconded by Manners, and unanimously carried to receive and file the Unaudited Component Unit Financial Report. 3) Selection of Consultants for Possible Refinancing of 1990 Water Revenue Bond Selection of consultants Motion by Wong, seconded by Manners, and unanimously carried to authorize staff to enter into agreements with Rutan & Tucker as bond counsel and Seidler -Fitzgerald as financial advisor for the possible refinancing of the 1990 Water Revenue Bonds. HUMAN SERVICES 1) Older Americans Recoqnition Da Council reviewed the staff report. Carolyn•Besnyl, Carolyn Arndt Motion by Manners, seconded by Wong, and unanimously carried to approve Carolyn Besnyl and Carolyn Arndt as the honorees to attend the 29th Annual Older Americans Recognition Day scheduled for May 11, 1994 at the Dorothy Chandler Pavilion. 2) Application for Older Americans Act Funds Resolution 9056 - Council reviewed the staff report. Services for the elderly City Clerk presented: RESOLUTION NO. 9056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A .PROPOSAL AND THE EXECUTION OF A CONTRACT FOR THE PROVISION OF SERVICES FOR ELDERLY PERSONS CITY COUNCIL MINUTES OF 2/15/94 PUBLIC SAFETY SERVICES ADMINISTRATIVE SERVICES CITY ATTORNEY CITY MANAGER Report received & filed Council of Governments JPA 0 APPROVAL OF DEMANDS 7 Motion by Manners, seconded by McFadden, and unanimously carried to waive further reading of the resolution and adopt. No reports scheduled for this meeting. No reports scheduled for this meeting. City Attorney Hanna stated that there would a need for a closed session at the end of the meeting pursuant to Government Code Section 54956.9(a) to discuss litigation entitled City of West Covina.vs BKK. 1) BKK Landfill Public Opinion Survey Assistant City Manager Wylie presented the staff report. A lengthy discussion ensued, commencing with Mayor Pro Tem Wong responding to the comments made during Agenda Communications. Susan Brown of J.D. Franz Research, the consulting firm recommended by staff, discussed the formulation of a survey, the process, and results.that can be obtained from a statistically valid survey. She responded to Council questions and comments. As each Councilmember presented their thoughts, it became apparent that four of the Councilmembers were not supportive of pursuing a survey at this time. Motion by Wong, seconded by McFadden, and unanimously carried to receive and file the report. 2) Council of Governments Joint Powers Authority City Manager Starbird elaborated on the staff report. Motion by Herfert, seconded by Manners, and unanimously carried to approve the concept for the San Gabriel Valley Council of Governments as outlined in the proposal from SGVAC and communicate the City Council<s support of the concept to the other cities in the San Gabriel Valley, encouraging them to join with West Covina in supporting the new COG. Motion by Wong, seconded by Manners to approve Demands totaling $2,854,171.59 as listed in Check Registers FI 145547 through 145863. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None CITY COUNCIL MINUTES OF 2/15/94 8 ORAL COMMUNICATIONS. Royal Brown, 2153 Aroma Drive, commented about the benefits of the lock -up restrictions to help abate graffiti. • MAYOR'S REPORTS COUNC ADJOURNMENT Attest: ' REPORTS City Clerk Janet rry • Michael Touhey, 223 N. Toland, responded to comments made earlier by Mayor Pro Tem Wong. Paul Hammerstrom, 1519 Newcrest, felt the election will be a poll of the people in the matter of the BKK Landfill closure/litigation issue. Andrew Ramirez, a candidate for the 62nd Assembly District, opined that the BKK Landfill is a health issue. Motion by Herfert, seconded by Manners, and unanimously carried to ratify a resolution of commendation for Los Gatos Police Chief Larry J. Todd upon his installation as President of the California Police Chiefs' Association. Larry Todd was a Lieutenant with the West Covina Police Department before he accepted the post of Los Gatos Chief of Police. Councilmember McFadden countered comments made earlier by Mayor Pro Tem Wong in relation to the survey issue. City Attorney Hanna stated that due to the lateness of the evening, the closed session matter of West Covina vs BKK could be held at another time. Motion by Wong, seconded by Herfert, and unanimously carried to adjourn the meeting at 12:28 am.