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05-03-1994 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 3, 1994 The regular meeting of the West Covina City Council was called to order by Mayor McFadden at 7:40 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Councilmember Manners and the Pledge of Allegiance was led by Mayor McFadden. ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Councilmembers Manners, Touhey, Wong Others Present: Starbird, Wylie, Miller, Thomas, Hanna, Orr, Greene, Bommarito, Keating, Salazar, Collier, Nagel, Glover, Koniarsky, Distelrath, Patton, Berry APPROVAL OF MINIITES Motion by Manners, s mously carried to ap, Special meeting Regular meeting Regular meeting Special meeting econded by Herfert, and unani- prove the following minutes: of April 5, 1994 of April 5, 1994 of April 19, 1994 of April 20, 1994 PROCLAMATIONS Mayor McFadden proclaimed May 5 as NATIONAL DAY OF PRAYER and presented the proclamation to Ernie Keller of Bethany Baptist Church. Mayor McFadden proclaimed May 14 a FIRE SERVICE RECOGNITION DAY and presented the proclamation to Fire Chief Greene. Mayor McFadden proclaimed the month of May as SENIOR CITIZENS' MONTH and presented the proclamation to Carolyn Arndt, a "Senior of the Year" recipient. Mayor McFadden proclaimed May 1 through May 7 as ELKS NATIONAL YOUTH WEEK and presented the proclamation to Elks representatives Edward Lima and Sam Stathis. Mayor McFadden proclaimed June 6 through June 11 as MANAGEMENT WEEK IN AMERICA and presented the proclamation to Lore Setlock. HEARING WEED ABATEMENT 1994 Mayor McFadden stated that the purpose of the hearing is to hear protests or objections against the abatement of weeds growing upon and the removal of rubbish upon certain streets and private property in the City as described in Resolution of Intention No. 9072. City Clerk Berry verified the affidavit of mailing. Motion by Touhey, seconded by Wong, and unanimously • carried to receive and file the affidavit. Mayor McFadden opened the hearing and the staff report was presented by Fire Chief Greene. Public —Testimony City Clerk Berry stated that no written.protests or objections had been received. Mayor McFadden asked for oral protests or objections. No one addressed Council and Mayor McFadden entertained a motion to close the public hearing. City Council Minutes of 5/3/94 Public_ Testimony Motion by Touhey, seconded by Herfert, and unanimously Closed carried to close the public testimony portion of the hearing. Council Action Motion by Herfert, seconded by Touhey, and unanimously carried to order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 9072. HEARING 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor McFadden stated that the purpose of this hearing is to consider funding allocations for the FY 94/95 Community Development Block Grant Program. Councilmember Touhey stated that he would abstain from discussion and vote regarding the request of the West Covina .Food Bank for $5000, due to conflict of interest laws. City Clerk Berry verified the affidavit of publication. Mayor McFadden opened the hearing and the staff report was presented by Human Services Director Salazar. Public_Testimony Mayor McFadden opened the public testimony portion of the hearing and asked for comments from the audience. No one addressed Council and the public testimony Testimony Closed portion of the hearing was closed. Resolution 9078 - City Clerk Berry presented: approving CDBG RESOLUTION NO. 9078 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO APPLY FOR FUNDS PURSUANT TO THE 1974 FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT AS AMENDED AND CERTIFYING THE ENVIRONMENTAL RECORD THEREOF Motion by Herfert, seconded by Manners, and unanimously carried to waive further reading of the resolution and adopt, except the West Covina Food Bank request. Motion by Herfert, seconded by Manners to approve the $5000 request of West Covina Food Bank. Motion carried with Touhey abstaining. HEARING ADULT ORIENTED BUSINESS PERMIT FEES Mayor McFadden explained that the purpose of the hearing was to establish processing fees for the review of Adult Oriented Business Permit applications. City Clerk Berry verified the affidavit of publication. Mayor McFadden opened the hearing and the staff report was presented by Planning Director Collier. Mr. Collier responded to Council questions. • Public_Testimony Mayor McFadden opened the public testimony portion of the hearing and asked for comments from the audience. Testimony Closed No one addressed Council and the public testimony portion of the hearing was closed. City Clerk Berry presented:. Resolution 9079 - RESOLUTION NO. 9079 - A RESOLUTION OF THE CITY setting fees COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, City Council Minutes of 5/3/94 APPLICATION FEES Motion by Wong, seconded by Manners, and unanimously carried to waive further reading of the resolution and adopt. • AGENDA AND ORAL COMMUNICATIONS Roy Imazu, Legislative Analyst of the Southern California Gardeners' Federation, stated that he was available to answer questions regarding Item C-8 (Power Blowers). Frank Barbagallo, 1023 Hooper Drive, addressed Item D-2 (maintenance districts), objecting to the proposed dates for the public meetings and the public hearings (June 7 and July 5, respectively) as they fall around conflicting times with a lot of families. Janice Bonneville, 1521 Fairway Knolls, noted pleasure with the election results and the reorganization of Council. Eugene Moore, 2025 Delores Street, complained about the tree in his front yard. City Manager responded that he would have the staff review the situation with Mr. Moore. Mary Johnson, League of Women Voters, announced a seminar scheduled for the following day in the Council Chambers regarding national groundwater cleanup. J.S. Chopra, mobile ice cream vendor, submitted a letter requesting consideration in permitting him to park his ice cream truck at City parks. The matter was referred to staff for review and respond to Mr. Chopra. Randy Ramirez, candidate for State Assembly, noted an individual in the City of West Covina who had received special recognition and wanted to apprise the Council. Bruce Leinbach, 1308 Sandy Hill Drive, spoke about the election process, results, and the American privilege to vote for one's choice. E.T. Snell, Irwindale resident, spoke about the recent election and his political investigative tendencies. As he proceeded to chastise the personal life of one of the Councilmembers, Mayor McFadden asked him to conclude his comments which were out of order. Iris Delameter, 1212 W. Eckerman, stated we are all entitled to speak and vote for whomever we want, but the last speaker's comments were inappropriate. She suggested that the politicking stop, so the Council • can move forward with their duties. Janice Bonneville, 1521 Fairway Knolls, noted that respect works both ways. Mayor McFadden stated that Mr. Barbagallo's comments will be addressed at the time the subject matter is considered by Council. City Council Minutes of 5/3/94 CONSENT CALENDAR Written Communications (none received) Commission Summary of Actions (receive & file) .� Personnel 4/13/94 Senior Citizens' 4/14/94 Waste Mgmt./Environmental Quality 4/21/94 Human Services 4/12/94 Claims for Action (deny & notify claimant) On March 23, 1994, the City Clerk's Office received a claim from Ruben Uribe for property damages amounting to $418.92. On January 18, 1994, the City Clerk's Office received a claim for personal injuries from Wendy J. Duncan. The amount of claim had not been determined at time of presentation. On March 2, 1994, the City Clerk's Office received a claim for damages to real property from The Pep Boys - Manny, Moe & Jack of California. The amount of claim had not been determined at time of presentation. Acceptance of Improvements and/or Release of Bonds Parcel Map 23410 Recommendation is to accept the improvements completed Dan Kel Development on the east side of Walnut, just south of Merced Avenue and release American Motorist Insurance Company Surety Bond #3 SM-798-069-000 in the amount of $10,000. Precise Plan 437 Recommendation is to accept on and off -site S.G.V. Tribune improvements, rough and finish grading, AC paving on aggregate base, P.C.C. curbs, drainage structures, irrigation and landscaping, on site lighting and appurtenances, and release Letter of Credit No. MCR #8177E in the amount of $169,000. Traffic Committee Minutes (accept & file) Minutes of the regular meeting held April 19, 1994. ABC Application (Police Chief recommends no protest) Calbee's Inc. dba APPLEBEE'S NEIGHBORHOOD San Dimas, CA GRILL & BAR 300 S. California Avenue Award of Bids • a) Landscape Maintenance District No. 4 - Waiver of Formal Contract Procedure for a Temporary (90- dav) Maintenance Agreement Azteca Landscaping Recommendation is to find that it is in the public interest and necessity to waive formal contract procedures and accept the proposal of 4 City Council Minutes of 5/3/94 Azteca Landscaping, Pomona, in the amount of $36,570 per month for a maximum of 3 months and authorize the Mayor and City Clerk to execute an agreement with Azteca Landscaping. ,� b) PP 93211 - Friendship Park Baseball Field Lighting PP 93211 Recommendation is to accept the low bid of Tamang Tamang Electric Electric, Walnut, in the amount of $54,600.00, and authorize the Mayor and City Clerk to execute an agreement with Tamang Electric. c) TS 92109 - La Puente Road and Sentous Avenue Traffic Signal TS 92109 Recommendation is to accept the bid of Macadee Macadee Electrical Electrical Construction, Chino Hills, in the amount of $68,213.00 as submitted at the bid opening of April 26, 1994, and authorize the Mayor and City Clerk to execute the agreement. d) Professional Services for BKK Business License Tax Audit BKK Business Tax Audit Recommendation is to award Arthur Anderson & Co. Arthur Anderson & Co. the bid for professional services to conduct an audit of the BKK Landfill business license tax, in accordance with the scope of work set forth in the City's Request.for Proposal in an amount not to exceed $25,000 and authorize the expenditure of funds from account 110-320-2660- 6109. Miscellaneous - Environmental Services Power Blowers Power Blowers Recommendation by the Waste Management and Environmental Quality Commission is to approve the City's cooperation with the Southern California Gardeners' Federation and others to have them conduct two to four instructional sessions a year for gardeners, landscape maintenance contractors and any residents of the City and provide all the information on the proper use of power blowers. Items Removed Items C-7a and C-8 were removed from the Consent Calendar for separate action. CONSENT CALENDAR Motion by Herfert, seconded by Wong to waive further MOTION reading of the resolutions and adopt, and to approve all other items listed, except C-7a and C-8. Motion carried by roll call vote: AYES: Manners, Touhey, Wong, Herfert, McFadden • NOES: None Item C-7a Councilmember Wong stated that he would abstain from discussion and vote on MD #4 due to conflict of interest laws. Motion by Manners, seconded by Touhey to approve Item C-7a. Motion carried with Wong abstaining. 5 City Council Minutes of 5/3/94 Item C-8 Mayor Pro Tem Herfert commenced a discussion regarding the Gardeners' Federation recommendation to ban power blowers from 8:00 pm to 8:00 am. After other Council comments regarding noise levels, Council concurred on a start time of 8:00 am rather than 7 ti am. Motion by Herfert, seconded by Manners, and unanimously carried to approve the recommendation of the Waste Management and Environmental Quality Commission and direct staff to prepare an ordinance implementing a commencement time of 8:00 am. PUBLIC WORKS 1) CITYWIDE SEWER STANDBY AND AVAILABILITY CHARGES 1994/95 METHOD OF COLLECTION City Engineer Thomas presented the staff report and responded to earlier comments regarding the dates for the public meeting and the public hearing. He stated that those dates could be as late as June 21 and July 19, respectively. His discussion included the next two Council items as well. Councilmember Wong suggested leaving the dates as proposed, leaving a window open to hold over either meeting in the event a request for postponement is received. Council concurred on June 21 and July 19 for all three Council items. Resolution 9080 - City Clerk presented: Sewer Standby RESOLUTION NO. 9080 - A RESOLUTION OF THE (Public mtg: 6/21 CITY COUNCIL OF THE CITY OF WEST COVINA, public Public hrg: 7/19) CALIFORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER STANDBY AND AVAILABILITY CHARGE THROUGH THE COUNTY GENERAL TAX BILL AND SETTING A DATE FOR A PUBLIC HEARING THEREON (Public meeting: 6/21 and Public hearing: 7/19) Motion by Manner, seconded by Touhey, and unanimously carried to waive further reading of the resolution and adopt. 2) WEST COVINA LANDSCAPE MAINTENANCE DISTRICTS NOS. 4, 6. AND 7 Councilmember Wong stated that he would abstain from discussion and vote regarding Maintenance Districts No. 4 and 7 due to conflict of interest laws. Council reviewed the staff report and noted the change in meeting dates as discussed earlier. City Clerk Berry presented: W.C. Landscape Maintenance District No. 4: • Resolution 9081 - RESOLUTION NO. 9081 - A RESOLUTION OF THE City Engineer's Report CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 9050 Resolution 9082 - RESOLUTION NO. 9082 - A RESOLUTION OF THE (Public mtg: 6/21, CITY COUNCIL OF THE CITY OF WEST COVINA, 6 City Council Minutes of 5/3/94 Public hrg: 7/19) CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 4 FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO (Public meeting: 6/21 and Public hearing: 7/19) W.C. Landscape Maintenance District No. 6: Resolution 9083 - RESOLUTION NO. 9083 - A RESOLUTION OF THE City Engineer's Report CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 9051 Resolution 9084 - RESOLUTION NO. 9084 - A RESOLUTION OF THE (Public mtg: 6/21, CITY COUNCIL OF THE CITY OF WEST COVINA, Public hrg: 7/19) CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 6 FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO (Public meeting: 6/21 and Public hearing: 7/19) W.C. Landscape Maintenance District No. 7: Resolution 9085 - RESOLUTION NO. 9085 - A RESOLUTION OF THE City Engineer's Report CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 9052 Resolution 9086 - RESOLUTION NO. 9086 - A RESOLUTION OF THE (Public mtg: 6/21, CITY COUNCIL OF THE CITY OF WEST COVINA, Public hrg: 7/19) CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 7 FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO (Public meeting: 6/21 and Public hearing: 7/19) Motion by Herfert, seconded by Manners to waive further reading of the resolutions and adopt. Motion carried with Wong abstaining on the following resolutions: 9081, 9082, 9085, and 9086). 3) WEST COVINA CITYWIDE LIGHTING, AND MAINTENANCE DISTRICT NO. 1994/1995 • Council reviewed the staff report. City Clerk Berry presented: Resolution 9087 - RESOLUTION NO. 9087 - A RESOLUTION OF THE Engineer's Report CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 9049 7 City Council Minutes of 5/3/94 Resolution 9088 - RESOLUTION NO. 9088 - A RESOLUTION OF THE (Public mtg: 6/21, CITY COUNCIL OF THE CITY OF WEST COVINA, Public hrg: 7/19) CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN LIGHTING FIXTURES AND APPURTENANCES TO BE INSTALLED, MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE INSTALLED AND MAINTAINED AND TO REMOVE AND PREVENT GRAFFITI THROUGHOUT THE CITY OF WEST COVINA FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO (Public meeting: 6/21 and Public hearing: 7/19) Motion by Wong, seconded by Herfert, and unanimously carried to waive further reading of the resolutions and adopt. 4) PP 91202 - PARR PLAYGROUND AREA MODIFICATIONS AND BARRIER REMOVAL - APPROVAL OF PLANS & SPECS Council reviewed the staff report. PP 91202 - Motion by Herfert, seconded by Manners, and Plans & specs approved unanimously carried to approve plans and specifications for PP 91202 phase two and authorize the Maintenance Director to call for bids. 5) GP 94305 - APPROVAL OF PLANS &.SPECIFICATIONS - CITY HALL BOILER MODIFICATIONS Council reviewed the staff report. GP 94305 - Motion by Herfert, seconded by Touhey, and Plans & specs approved unanimously carried to approve the plans and specifications for GP 94305 and authorize the Maintenance Director to call for bids. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports scheduled for this meeting. ENVIRONMENTAL SERVICES No reports scheduled for this meeting. COMMUNITY DEVELOPMENT SERVICES REDEVELOPMENT AGENCY 1) Mayor McFadden recessed the City Council meeting at 9:55 pm to convene the Redevelopment Agency. The City Council reconvened at 9:59 pm. 2) Request for Proposal for Housing Element Revision and Redevelopment Implementation Plan Council reviewed the staff report. RFP approved Motion by Manners, seconded by Herfert, and • unanimously carried to approve the Request for Proposal and authorize the transmittal of the RFP to interested consulting firms. HUMAN SERVICES No reports scheduled for this meeting. • • City Council Minutes of 5/3/94 pUBLIC SAFETY No reports scheduled for this meeting. ADMINISTRATIVE SERVICES No reports scheduled for this meeting. GENERAL ADMINISTRATION CITY MANAGER'S OFFICE INTERIM REVIEW OF CABLE SERVICE RATES Council reviewed the staff report. City Clerk Berry presented: Resolution 9089 - RESOLUTION NO. 9089 - A RESOLUTION OF THE accurate accounts CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PURSUANT TO SECTION 76.933(C) OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION DIRECTING THE CABLE OPERATOR TO KEEP AN ACCURATE ACCOUNT OF ALL AMOUNTS RECEIVED BY REASON OF THE RATES IN ISSUE AND ON WHOSE BEHALF SUCH AMOUNTS WERE PAID Motion by Herfert, seconded by Wong, and unanimously carried to waive further reading of the resolution and adopt. Communications Support Motion by Herfert, seconded by Manners, and Group unanimously carried to authorize the City Manager to retain Communications Support Group to provide additional rate review and related services at a cost not to exceed $2,500. APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve Demands totaling $1,890,302.38 as listed on check registers FI 147221 through 147630. Motion carried by roll call vote: AYES: Herfert, Manners, Touhey, Wong, McFadden NOES: None ABSTAIN: Herfert re SCE billing CITY ATTORNEY City Attorney no need for a meeting. Hanna stated that there would be closed session at the end of the ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) ANNUAL APPOINTMENTS - MAYOR'S REQUEST FOR PREFERENCES Mayor McFadden asked the Councilmembers to give him their appointment preferences as he is planning on making the appointments at the next Council meeting of May 17, 1994. 2) COMMISSIONER SELECTION PROCESS Noting that "Commissioners serve at the leisure of the Council," Mayor McFadden stated that he would like all commission seats open for review, including those seats with unexpired terms. This concept created a discussion as to whether or not the item was properly 9 City Council Minutes of 5/3/94 agendized for a decision by Council. Mayor McFadden requested this item be placed on the next Council meeting agenda with more information. COUNCILMEMBERS' REPORTS Mayor Pro Tem Herfert requested that the Mauna Loa Apartments subsidized housing program be agendized for the next Council meeting, based on a question he had and one by Councilmember Touhey. Councilmember Touhey thanked Harry Thomas and Pat Glover for adjusting the Council table for him. Councilmember Wong appreciated Iris Delameter's comments regarding the inappropriateness of E.T. Snell's words. Councilmember Manners stated that everyone has a right to speak their thoughts but hopes that we draw the line on slanderous statements. Mayor McFadden stated that he will try and hold the line on inappropriate comments. He also announced that he is planning on having office hours at 9:00 am to 11:00 am each third Wednesday of the month at the Senior Citizens Center, and from 6:00 pm to 8:00 pm each second Tuesday of the month at City Hall. Councilmember Wong noted that all Councilmembers are available to meet and talk with the citizens. ADJOURNMENT Motion by Manners, seconded by Herfert, and unanimously carried to adjourn the meeting at 10:31 pm in memory of President Richard Nixon with a certificate to be forwarded to his memorial library. ATTEST: City Clerk Jane r erry • May Bradley McFadden 10 TO THE CITY COUNCIL MEETING AGENDA OF MAY 3, 1994 0 City of West Covina K) GENERAL ADMINISTRATION — CITY ATTORNEY CONFERENCE WITH LEGAL COUNSEL -- Existing Litigaiton (Govt. Code Section 54956.9(a)) City of West Covina vs BKK Corp (MOU) Janet Berry City Clerk 4/29/94 I certify that copies of the Council Agenda for the meeting of S n were posted in accordaifce with th3 1/37 Brown Act Amendments. Dated: Office of the City