06-07-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
June 7, 1994
M The regular meeting of the West Covina City Council was called to order
by Mayor McFadden at 7:47 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 Touhey.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council -
members Manners, Touhey, and Wong
Others Present: Starbird, Wylie, Miller, Yoshizaki, Evans, Ure,
Orr, Greene, Keating, Collier, Hanna, Glover,
Samaniego, Thomas, Patton, Dillon, Tucker, Berry
APPROVAL OF MINIITES Minor corrections were made to the minutes of
the regular meeting of May 17th by Councilmember
Wong and minor corrections were made to the
minutes of the special meeting of May 17th by
Mayor Pro Tem Herfert.
Motion by Manners, seconded by Wong to
approve the following minutes with the above
corrections.- Motion carried 5-0.
Special meeting of May 12, 1994
Special meeting of May 14, 1994
Special meeting of May 17, 1994
Regular meeting of May 17, 1994
Special meeting of May 18, 1994
Special meeting of May 23, 1994
Special meeting of May 25, 1994
PRESENTATIONS Motion by Wong, seconded by Manners to approve
Resolutions of Commendation for resigning
Personnel Commissioner Donald L. Holtz and Fire
Paramedic Bob Culhane. Motion carried 5-0.
Mayor McFadden presented a Resolution of
Commendation to Donald L. Holtz for his tenure
on the Personnel Commission.
Mayor McFadden presented a Resolution of
Commendation to West Covina Fire Paramedic Bob
Culhane for outstanding Paramedic of the Year.
HEARING WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT
Mayor McFadden explained that the Council would
consider the Annual Report for the West Covina
Auto Plaza Business District which sets forth
the budget and proposed assessment for FY 94/95.
City Clerk Berry verified the affidavit of publi-
cation. Mayor McFadden opened the hearing and
the staff report was presented by Redevelopment
Agency Manager Yoshizaki.
Public -Testimony Mayor McFadden opened the public testimony
portion of the hearing. City Clerk Berry stated
that no written communications had been received
either in favor of or in opposition to the Busi-
ness Improvement District.
None Mayor McFadden asked for verbal comments in
favor of the matter and then in opposition to
it. No one addressed the City Council.
Minutes of June 7, 1994 2
Testimony Closed Mayor McFadden closed the public testimony
portion of the .hearing and asked for Council
comments.
Council Comments Councilmember Touhey felt that the West
Covina Auto Plaza Business Improvement District
should include overhead and administrative
charges in keeping with other assessment
districts. He also commented on the interest
free loan. Mayor McFadden stated that the City
is assisting the auto dealers with the auto row
reader board for revenue generating
capabilities.
City Clerk presented:
Resolution 9097 - RESOLUTION NO. 9097 - A RESOLUTION OF THE
confirming report CITY COUNCIL OF THE CITY OF WEST COVINA
CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA
AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA
FOR FISCAL YEAR 94/95
Motion by Manners, seconded by Herfert to
waive further reading of the resolution and
adopt. Motion carried 4-1 (Touhey).
AGENDA AND ORAL
Louise Peery Louise Peery, 818 S. Indian Summer, complained
about a $10,848 billing received from the West
Covina Police Department in connection with a
bachelor's party thrown by her son. She felt
the bill was unfair.
City Manager Starbird stated that his office
would look into the matter and report back to
Council.
Phil Clayton Phil Clayton, 3298 E. Holt, representing the
East Hills Homeowners Association, opposed the
Clippinger project proposed for the n/w corner
of Grand and Holt Avenues, and particularly the
action taken by Council during a closed session
in relation to extending the option agreement.
Redevelopment Manager Yoshizaki explained
that Council's action did not extend the option
agreement - that is in force until September.
The action taken by Council authorized the City
Manager to renegotiate the option payments with
Poss and Clippinger, hoping to decrease the
$17,000/month payments for July, August, and
September.
City Manager Starbird added that Clippinger
has requested additional time to work with the
adjacent residents on their concerns with the
project.
Mayor Pro Tem Herfert stated that he was
not at the closed session when that action was
taken and firmly believes in taking actions in
a public forum. He therefore requested that the
matter be agendized for a regular Council
meeting.
• Motion by Herfert to agendize the matter
for the regular meeting of June 21 to decide the
option agreement issue.
Redevelopment Manager Yoshizaki reiterated
the three alternatives for consideration: 1) if
Council does not open escrow in order to keep
the option alive through September, 1994, it
will cost $17,000 for July, August, and
September, 2) terminate the agreement which
effectively prohibits the Redevelopment Agency
Minutes of June 7, 1994 3
from assisting in the Clippinger project, or 3)
reduce the amount of the option payments. He
added that Clippinger has offered to assume the
option payments for the three months - thereby
alleviating any costs to the Agency.
Councilmember Touhey seconded the motion
made by Herfert. •
Further discussion ensued and City Manager
Starbird restated the motion: Agendize for
Council consideration whether or not to have a
renegotiation of the option payments and whether
or not to even continue involvement in the
agreement with Poss. He suggested scheduling
the matter at a separate meeting as the Council
meeting of June 21 is quite full.
Councilmember Wong asked if reconsideration
would be a more appropriate motion as the
decision to authorize the City Manager to
renegotiate the option payments was already
reported out at the conclusion of the closed
session. In light of the unanimously 4-0 vote
(Herfert was absent due to illness) he wondered
why there was a need to reconsider the action
unless there was a change of heart to terminate.
Councilmember Touhey was not happy with
Councilmember Wong revealing the vote taken
during closed session and asked about the
legality of such disclosure. Councilmember Wong
stated that the action taken was appropriately
reported after the closed session.
City Attorney Hanna suggested she have a
moment to confer with the City Manager since she
was not present at the closed session and during
their discussion Commander Dillon could respond
to Mrs. Peery's comments taken earlier.
Commander Dillon Commander Dillon reported some of the facts
surrounding the Police and Fire response to the
party/homicide that took place on June 7, 1994.
After Commander Dillon's report and before the
City Manager and City Attorney returned, Mayor
Pro Tem Herfert expressed a desire to join them
in closed session.
Recess Mayor McFadden called a closed session break at
8:40 pm. The City Council was called back to
order at 8:43 pm with the City Attorney advising
the Council regarding the propriety of calling
a closed session when none was noticed.
Special meeting Herfert amended his motion which was seconded by
set for 6/20/94 Touhey to consider the Agency's continued
involvement in the Clippinger project option
agreement at a special meeting set for June 20th
at 7:00 pm in the Council Chambers. Motion
carried 5-0.
CONSENT CALENDAR Written Communications (receive & file)
• 1) Letter of resignation received from
Personnel Commissioner Donald Holtz, effective
May 21, 1994. Mr. Holtz accepted a position
with the Police Department as a Community
Service Officer.
2) Letter received from the San Gabriel Valley
Water Company notifying the Council of a certain
contaminant found in one of the company's wells.
Minutes of June 7, 1994
0
4
The letter emphasized that the water is being
treated before distribution to its customers and
meets all state and federal drinking, water
standards.
Commission summary of Actions (receive & file)
Human Services 5/10/94
Planning Commission 5/24/94
Senior Citizens' 5/12/94
Waste Mgmt./Environmental Quality 5/19/94
Claims for Action (deny & notify claimant)
On February 8, 1994, the City Clerk's Office
received a claim for monetary compensation from
Catherine Trotter. The amount of claim had not
been determined at time of presentation.
On January 28, 1994, the City Clerk's Office
received a claim for personal injuries from
Steven Smear. The amount of claim had not been
determined at time of presentation.
Temporary Use Permits (receive & file)
TUP 12171-94 was issued to West Covina Nissan for
radio promotional event on 4/30/94 at 1840 E.
Garvey Avenue South.
TUP #2173-94 was issued to Mervyn's for sidewalk
sale on 4/29/94 at Eastland Center.
TUP _#2174-94 was issued
for rooftop balloon on
Garvey Avenue South.
to West Covina Toyota
5/6-5/16 at 1800 E.
TUP 12177-94 was issued to Christ's Church of
the Valley for a carnival on 5/22 at 710 N. Lark
Ellen Avenue.
TUP #2178-94 was issued to West Covina Nissan
for radio promotional event on 5/28 at 1840 E1
Garvey Avenue South.
TUP #2179-94 was issued to K-mart for a sidewalk
sale on 5/27-5/30 at 130 S. Orange Avenue.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held May 17, 1994.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1937 - ORDINANCE NO. 1937 - AN ORDINANCE OF THE CITY
• landscape equipment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING ARTICLE IV, NOISE REGULATIONS, DIVISION
2, SPECIFIC NOISE SOURCES, SECTION 15-97,
RESTRICTIONS ON THE OPERATION OF TWO- AND FOUR-
STROKE ENGINES
City Treasurer's Report (receive & file)
Report for the month of April, 1994.
Minutes of June 7, 1994
Award of Bids
5
1) CUSTODIAL SERVICE CONTRACT EXTENSION FOR
CAMERON YOUTH CENTER, CITY YARD ADMINIS-
TRATION, PALM VIEW CENTER AND SENIOR
CITIZEN BUILDINGS
. Valley Light Industries Recommendation is to grant renewal of the
Valley Light Industries contract at a no
cost increase of $4,775.68/month for the
period of July 1, 1994 to June 30, 1995.
2) CUSTODIAL SERVICE CONTRACT EXTENSION FOR
CITY HALL, POLICE AND COMMUNICATIONS
BUILDINGS
D.H. Maintenance Services Recommendation is to grant renewal of the
D.H. Maintenance Services contract for the
period of July 1, 1994 to June 30, 1995
with a 2% contract decrease to $5, 030. 00
per month.
Miscellaneous - Fire Department
FIRST SUPPLEMENTAL WEED & RUBBISH ABATEMENT LIST
Recommendation is to adopt the following reso-
lution and set the date of June 21, 1994 at 7:30
pm for the protest hearing:
Resolution 9098 - RESOLUTION NO. 9098 - A RESOLUTION OF THE
Weed Abatement CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION OF INTENTION NO.
9072 BY APPROVING THE FIRST SUPPLEMENTAL WEED
AND RUBBISH ABATEMENT LIST
Miscellaneous - Environmental Services
NONDISPOSAL FACILITY ELEMENT
Nondisposal Facility Recommendation of the Waste Management & Environ-
Element mental Quality Commission and staff is to adopt
the NONDISPOSAL FACILITY ELEMENT for the City of
West Covina.
Miscellaneous - Finance Department
APPROPRIATIONS LIMIT FOR FY 94/95 (adopt reso)
Resolution 9099 - RESOLUTION NO. 9099 - A RESOLUTION OF THE
Annual Approp. Limit CITY COUNCIL OF THE CITY OF .WEST COVINA,
CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS
LIMIT FOR THE FISCAL YEAR 1994/95
Miscellaneous - Redevelopment Agency
1) AMENDED PROMOTIONAL SERVICES AGREEMENT
• BETWEEN THE CITY OF WEST COVINA AND THE
AUTO DEALERS ASSOCIATION
Promotional Services Recommendation is to approve the Extension
Agreement A and Assignment of Agreement for Business
Promotion Services.
2) COOPERATIVE AGREEMENT BETWEEN THE REDE-
VELOPMENT AGENCY AND THE CITY OF WEST
COVINA
Minutes of June 7, 1994 6
Cooperative Agreement Recommendation is to approve the Cooperative
between RDA & City Agreement, transferring the rights and
obligations of the Promotional Services
Agreement from the City to the Redevelop-
ment Agency.
CONSENT CALENDAR ACTION Motion by Wong and seconded by Manners to waive
further reading of the ordinance and resolutions
and to adopt, and to approve all other items
listed on the Consent Calendar. Motion carried
by roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
PUBLIC WORKS SERVICES SP 94105 - STREET REHABILITATION PROJECT -
PHASE II - APPROVAL OF PLANS AND SPECIFICATIONS
Council reviewed the staff report.
SP 94105 - Motion by Manners and seconded by Herfert
Plans & specs approved to approve plans and specifications for SP 94105
(Phase II), and authorize the City Engineer to
call for bids. Motion carried 5-0.
TS 92109 - LA PUENTE ROAD AND SENTOUS AVENUE
TRAFFIC SIGNAL - WAIVER OF COMPETITIVE BIDS FOR
TRAFFIC SIGNAL CONTROLLER
TS 92109 - Council reviewed the staff report.
IDC Traconex/Multisonics Motion by Manners and seconded by Touhey to
approve waiver of competitive bidding proce-
dures, and authorize the purchase of a traffic
signal cabinet and controller from IDC Traconex/
Multisonics, in a total amount of $14,263.02,
including tax. Motion carried 5-0.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) LEGAL AUTHORITY FOR REGULATION OF STORM
WATER RUNOFF - SECOND READING OF ORDINANCE
Council reviewed the staff report.
City Clerk presented:
Ordinance 1938 - ORDINANCE NO. 1938 - AN ORDINANCE OF THE
NPDES CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING CHAPTER 9 OF THE WEST
COVINA MUNICIPAL CODE BY ADDING PROVISIONS
PERTAINING TO REGULATION OF STORM DRAINS, DIS-
CHARGES AND STORM WATER RUNOFF
Motion by Manners and seconded by Herfert
to waive further reading of the ordinance and
adopt. Motion carried by roll call voted:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
Motion by Herfert and seconded by Manners
to send a letter to the legislators regarding
this Federally mandated regulation without the
assistance of Federal monies. Motion carried
• 5-0.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No scheduled reports.
ENVIRONMENTAL SERVICES GROUNDWATER CONTAMINATION -
WORTH SADDLE AREA AT THE BKK LANDFILL
Council reviewed the staff report.
Minutes of June 7, 1994
Motion by Manners
to refer this matter to
Environmental Quality
carried 5-0.
and seconded by Herfert
the Waste Management and
Commission. Motion
REDEVELOPMENT AGENCY Mayor McFadden recessed the meeting at 8:54 pm
to convene the Redevelopment Agency. The City
Council reconvened at 9:02 pm with all members
present.
HUMAN SERVICES No scheduled reports.
PUBLIC SAFETY No scheduled reports.
ADMINISTRATIVE SERVICES PERSONNEL SERVICES
1) TRANSMISSION OF MEMORANDUM OF UNDERSTANDING
AND IMPLEMENTING RESOLUTION - WEST COVINA
GENERAL EMPLOYEES' ASSOCIATION
Council reviewed the staff report.
City Clerk presented:
Resolution 9100 - RESOLUTION NO. 9100 - A RESOLUTION OF
General Employees' Assn. THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING APPENDIX "A"
OF RESOLUTION NO. 8770, THE CITY'S SALARY
RANGE STRUCTURE FOR EMPLOYEES IN THE WEST
COVINA GENERAL EMPLOYEES' ASSOCIATION AS
AMENDED; AND RESOLUTION NO. 7223, RELATING
TO CLASSIFICATION AND COMPENSATION AND
BENEFITS FOR PERSONNEL AND CLASSES REPRE-
SENTED BY THE WEST COVINA GENERAL
EMPLOYEES' ASSOCIATION
Motion by Wong and seconded by Herfert
to waive further reading of the resolution
and adopt. Motion carried 5-0.
2) TRANSMISSION OF RESOLUTION PROVIDING
CHANGES TO SALARY FOR EMPLOYEES REPRESENTED
BY THE WEST COVINA FIREFIGHTERS' ASSOCIA-
TION AND THE SERVICE EMPLOYEES INT'L UNION
Council reviewed the staff report.
City Clerk presented:
Resolution 9101 - RESOLUTION NO. 9101 - A RESOLUTION OF
Fire Assn & SEIU THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING APPENDIX "A"
OF RESOLUTION NO. 8791, THE CITY'S SALARY
RANGE STRUCTURE FOR EMPLOYEES IN THE WEST
COVINA FIREFIGHTERS ASSOCIATION AS AMENDED;
AND AMENDING APPENDIX "A" OF RESOLUTION NO.
8798, THE CITY'S SALARY RANGE STRUCTURE FOR
EMPLOYEES IN THE SERVICE EMPLOYEES' INTER-
NATIONAL UNION, LOCAL 347 AS AMENDED; AND
RESOLUTION NO. 7223 , RELATING TO CLASSIFI-
CATION AND COMPENSATION OF POSITIONS AS
AMENDED; AND FIXING COMPENSATION FOR PER-
SONNEL AND CLASSES REPRESENTED BY THE WEST
COVINA FIREFIGHTERS' ASSOCIATION AND SER-
VICE EMPLOYEES' INTERNATIONAL UNION, LOCAL
347
Motion by Herfert and seconded by Wong
to waive further reading of the resolution
and adopt. Motion carried 5-0.
l
•
0
Minutes of June 7, 1994 8
3) CHANGE TO RETIREE HEALTH BENEFIT
CONTRIBUTION - POLICE AND FIRE ASSOCIATIONS
Council reviewed the staff report.
City Clerk presented:
Resolution 9102 - RESOLUTION 9102 - A RESOLUTION OF THE
Retiree Health Benefit CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION NO. 8487,
AS AMENDED BY RESOLUTION 9013, FIXING THE
EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
Motion by Manners and seconded by Her-
fert to waive further reading of the reso-
lution and adopt. Motion carried 5-0.
RISK
APPOINTMENT OF REPRESENTATIVE TO INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY (I.C.R.M.A.)
Council reviewed the staff report.
City Clerk presented:
Resolution 9103 - RESOLUTION NO. 9103 - A RESOLUTION OF THE
I.C.R.M.A. CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPOINTING SPECIFIC REPRESENTATIVES
TO THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY
Motion by Manners and seconded by Wong to
waive further reading of the resolution and
adopt. Motion carried 5-0.
GENERAL ADMINISTRATION
CITY MANAGER
1) REQUEST FROM THE SAN GABRIEL VALLEY WATER
OUALITY AUTHORITY
Council reviewed the staff report.
City Clerk presented:
Resolution 9104 - RESOLUTION NO. 9104 - A RESOLUTION OF
SGV Water Quality THE CITY COUNCIL OF THE CITY OF WEST COVINA,
Authority CALIFORNIA, .SUPPORTING THE "CONSENSUS
APPROACH TO GROUNDWATER CLEANUP"
Motion by Manners and seconded by
McFadden to waive further reading of the
resolution and adopt. Motion carried 5-0.
2) DESIGNATION OF REPRESENTATIVE AND ALTERNATE
TO THE GOVERNING BOARD OF THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENT (COG)
Council reviewed the staff report.
City Clerk presented:
Resolution 9105 - RESOLUTION NO. 9105 - A RESOLUTION OF
COG representatives THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, NAMING MAYOR PRO TEM
STEVE HERFERT AS THE GOVERNING BOARD
REPRESENTATIVE TO THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS, AS MAYOR BRADLEY
MCFADDEN AS THE ALTERNATE
Motion by Herfert and seconded by
McFadden to waive further reading of the
resolution and adopt. Motion carried 5-0.
Minutes of June 7, 1994
0
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $2,224,699.51 as listed
on check registers FI 147896 through 148301.
Motion carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
ABSTAIN: Herfert re SCE billing_
ORAL COMMUNICATIONS Lollie Bergman, 426 S. Leaf Avenue, asked for a
clarification of the closed session suddenly
called earlier by Mayor McFadden.
City Attorney responded that recent Brown
Act Amendments have caused some confusion and as
soon as she became aware of the recess called
for an unnoticed closed session, she immediately
requested Council to return to their seats.
MAYOR'S REPORTS 1) Approval of resolutions of commendation for
Donald L. Holtz and Fire Paramedic Bob Culhane
were considered: by Council earlier in the
meeting.
2) Motion by Wong and seconded by Manners to
approve a resolution of commendation for Suzanne
Dunn, outgoing President of the West Covina
Chamber of Commerce. Motion carried 5-0.
COUNCILMEMBERS' REPORTS 1) ANIMAL SERVICES
Animal Services Budget Council reviewed Mayor Pro Tem Herfert's
letter requesting a review of Animal
Services be agendized for June 21, 1994.
Motion by Wong and seconded by
McFadden to, place the matter before Council
at the regular meeting of July 5. Motion
carried 5-0.
Manners Councilmember Manners related an incident at the
recent June 7th election wherein a polling place
was inaccessible and difficult for one of the
City's voters confined to her wheelchair. Staff
was directed to forward the complaint to the Los
Angeles County Registrar's Office.
Wong Councilmember Wong noted that Mary Smith passed
away (Father Ray Smith's wife) and requested
that the meeting be adjourned in her memory.
McFadden Mayor McFadden invited the citizens to attend
the budget study session scheduled for tomorrow
evening at.5:30 pm in the MRC.
He also mentioned that he had attended West
Covina High's graduation awards ceremony and was
very proud of the upcoming talent.
He mentioned that Covina's Mayor Pro Tem
• suggested a joint meeting with West Covina's
Mayor and Mayor Pro Tem. Councilmember Manners
noted that West Covina has held joint meetings
with other Councils in the past.
Herfert Mayor Pro Tem Herfert noted that Bill Beem from
West Covina was interviewed on TV as part of the
D-Day coverage.
He complimented City Engineer Thomas on his
invocation for this Council meeting.
•
Minutes of June 7, 1994 10
He noted that he and Mayor McFadden
recently attended a VFW event which reinforced
his pride in being an American.
He spoke sympathetically about the County
Library's consequential funding problems and
suggested the Council look into some sort of
financial support to assist the library.
Councilmember Manners added that she had
attended a recent League of Women Voters' event
at which the Yorba Linda Librarian was the guest
speaker. She offered her material to Herfert.
Touhey Councilmember Touhey suggested contacting the
County Supervisor as each Supervisor had dis-
cretionary funds available for disbursement.
He also mentioned that the Rotary Club was
to present $5,000 toward scholarships for seven
West Covina High School graduates at. an event
scheduled for 7:00 am on June 8 at South Hills
.Country Club.
ADJOURNMENT Motion by ,Wong and seconded by Herfert to
adjourn the meeting at 9:40 pm in memory of Mary
Smith and Father Ray Smith to receive the City's
memorial certificate.
Ma Bradle' McFadden
ATTEST:
fV
City Clerk Jane erry