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).
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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.
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CITY COUNCIL MINUTES OF 2/15/94
Approval of Final Map (adopt resolution)
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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.
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CITY COUNCIL MINUTES OF 2/15/94
1st amendment
2nd amendment
Painting walls adjacent
to arterial streets
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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.
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CITY COUNCIL MINUTES OF 2/15/94
Educational Revenue
Augmentation Fund
2)
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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
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APPROVAL OF DEMANDS
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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.
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MAYOR'S REPORTS
COUNC
ADJOURNMENT
Attest:
' REPORTS
City Clerk Janet rry
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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.