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01-03-1995 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL REGULAR MEETING January 3, 1995 iThe regular meeting of the West Covina City Council was called to order by Mayor McFadden at 7:43 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor Chuck Reeve of Faith Community Church and the Pledge of Allegiance was led by Mayor McFadden. ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council - members Touhey, Wong Absent: Councilmember Manners Others Present: Starbird, Wylie, Dixon, Miller, Orr, Greene, McIsaac, Collier, Keating, Salazar, Mayer, Glover, Samaniego, Koniarsky, Yoshizaki, Tucker, Berry ION Police Chief Distelrath introduced the new Bike Patrol Program and the officers of the program. Sgt. Tedesco explained how the officers pursue suspects and restore peace in the community. HEARING ESTABLISHMENT OF FEE FOR SPECIAL EVENT PERMITS Fee for Special City Clerk Berry verified the affidavit of pub - Event permits cation. Mayor McFadden opened the hearing and the staff report was presented by Principal Planner McIsaac. Public Testimony Mayor McFadden opened the public testimony por- t tion of the hearing and asked for comments in none favor or in opposition. No one addressed the City Council and the public testimony portion Testimony closed of the hearing was closed. City Clerk Berry presented: Resolution 9163 - RESOLUTION NO. 9163 - A RESOLUTION OF THE permit fee CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ESTABLISHING A FEE FOR PROCESSING APPLICATIONS FOR SPECIAL EVENT PERMITS Motion by Herfert and seconded by Touhey to waive further reading of the resolution and to adopt. Motion carried 4-0. HEARING RESIDENTIAL LIGHT AND GLARE ORDINANCE - AMENDMENT NO. 262 Amendment No. 262 City Clerk Berry verified the affidavit of pub- lication. Mayor McFadden opened the hearing and, the staff report was presented by Planning . Director Collier. Mr. Collier responded to questions and concerns regarding spill over and foot candles vs the standards as proposed in the staff report. Public Testimony Mayor McFadden opened the public testimony por- tion of the hearing and asked for comments from the audience. The following addressed Council: Iris Delameter Iris Delameter, 1212 W. Eckerman, noted potential problems with the definition of Minutes of January 3, 1995 01 "ambient level at the property level," motion lights, and direct lights. As there were no others in the audience wishing Testimony closed to.address Council, Mayor McFadden closed that portion of the hearing. Council discussion Mayor Pro Tem Herfert suggested referring this back to staff to make it a little more flexible. City Manager Starbird suggested that staff may be able to bring in examples of one foot candle vs 10, etc. Motion by Herfert and seconded by Touhey to hold over the hearing until the next Council meeting. AGENDA AND ORAL COMMUNICATIONS Jean Arneson Jean Arneson, 1116 Donna Beth, addressed Item E- 1 (BKK Gas and Well Decommissioning) stating that there seems to be an inconsistency of facts between BKK's and CIWMB's records regarding number of wells and which ones were abandoned. Regarding Item 0-2 (Continuation of Settlement Discussions), she felt the City should move for- ward with the trial because the existing UUP and Government Code provides financial safeguards. Susan Nunez Susan Nunez, 1339 E. Loma Vista, addressed Item C-5e, speaking favorably for a "Children at Play" sign for her cul-de-sac. Richard Salter Richard Salter, 1124 E. Grovecenter, addressed Item C-8b, speaking in support of the sewer lateral maintenance ordinance. Bridget Bogdanowicz Bridget Bogdanowicz, 221 S. Turner, addressed Item G-1 (Auto Repair in Residential Zones), suggesting limiting car repairs to the just the cars owned or registered at the property. Don Carman Don Carman, 1238 Hollencrest Drive, commented on Item E-1 (BKK Gas and Well Decommissioning). He also felt the City should terminate the set- tlement discussions (0-2). Iris Delameter Iris Delameter, 1212 W. Eckerman, spoke in'sup- port of the concerns expressed by Ms. Bogdano- wicz. E.T..Snell E.T. Snell commented on the settlement negotia- tions (0-2). CONSENT CALENDAR Written Communications (none received) • Commission Summary of Actions (receive & file) Personnel 12/14/94 Senior Citizens 12/08/94 Waste Mngt/Environmental Quality 12/15/94 Minutes of January 3, 1995 3 Temporary Use Permits (receive & file) TUP 12224-94 was issued to West Covina Nissan for a radio promotion on November 26, 1994, at 1840 East Garvey Avenue. TUP #2225-94 was issued to Hospice of ESGV for a Light Up a Life Ceremony on December 18, 1994, at 820 North Philips. TUP #2226-94 was issued to Arsenio Paimintuan for a Filipino Cultural Fair on December 10, 1994, at 1559-V East Amar Road. TUP 12227-94 was issued to West Covina Vil- lage/Shoe City for a sidewalk sale on November 10 and 11, 1994, at 301 North Azusa Avenue. TUP #2228-94 was issued to David Williams (Mervyn's) for a hot dog cart on December 9, 10, 11, 15, 16, 17, at Mervyn's Department Store. TUP 12229-94 was issued to Faith community Church for a Christmas service on December 25, 1994, on San Bernardino Road. Acceptance of Improvements/Release of Bonds Tract 48997 - Recommendation is to approve the release of three Cham Developers (3) Certificates of Deposit posted by Cham Developers and retain one ($99,000) Certificate of Deposit for the remaining construction. Traffic Committee Minutes (accept & file) Minutes of the regular meeting held December 20, 1994. Ordinance for Adoption (waive reading & adopt) Ordinance 1952 - ORDINANCE NO. 1952 - AN ORDINANCE OF THE CITY Daytime Loitering COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 15, ARTICLE I, SECTION 15-18 TO THE WEST COVINA MUNICIPAL CODE PROVIDING FOR A DAYTIME LOITERING FOR MINORS ORDINANCE Award of Bid - Community Education Center Community Education Center - Recommendation is to award the expansion of the Armstrong Constr. current Plaza sub -station into the Community Education Center (CEC) to Armstrong Construction for a total cost of $39,836. Miscellaneous - Public Works 1) Policy for Approvina Red Curb Installations Policy re red curbs Recommendation is that all requests for red • curbs be directed to the Traffic Committee for review. A postcard survey of all residences within 200 feet. on the street which the red curb is being requested shall be conducted. The Traffic Committee will review the request for traffic safety considerations and the Traffic Committee will then make a recommendation to the City Council via the Traffic Committee Minutes. • r, U Minutes of January 3, 1995 Ordinance introduced - Sewer Connection Repairs 4 S 2) Maintenance of House Connection Sewers - ordinance introduction Recommendation is to a) appropriate $20,000 from unappropriated Sewer Funds to opera- ting account 189-320-2257-6120; and b) introduce: AN ORDINANCE OF THE CITY COUNCIL OF THE: CITY OF WEST COVINA AMENDING SECTION 23-114 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO THE MAINTENANCE OF HOUSE SEWER CONNECTIONS Miscellaneous - Environmental Services 1) Vehicle Purchase and Conversions Seven Flex -fueled cars Recommendation is to a) approve the pur- and 4 conversions chase of 7 1995 flex -fueled Ford Taurus's at a cost not to exceed $112,154.56. Funds to be utilized are the restricted air quality improvement funds; Prop. C - Regu- lation XV Monitoring account ($54,088.32 - reserve and current fiscal years) and the reserve AB 2766/DMV Registration fees ($48,066.24); and b) approve the conversion of 4 fleet vehicles at a cost not to exceed $9,540. Funds to be utilized are from the reserve air quality improvement fund; AB 2766/DMV Registration fees. 2) MOU between the Southern California Associ- ation of Governments (SLAG) and the City re Participation in the Clean Cities Program MOU,re Clean Cities Prgm. Recommendation is to approve the MOU between SCAG and the City of West Covina regarding participation in the Clean Cities program. Miscellaneous - Human Services Application.for Funds from the Proposition "A" Safe Neighborhood Parks Grant Recommendation is to approve the following reso- lutions and applications, and authorize their submittal to the Los Angeles County Regional Park and Open Space District: Resolution 9164 - RESOLUTION NO. 9164 - A RESOLUTION OF THE CITY Shadow Oak painting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR SHADOW OAK CENTER REPAIRING AND REPLACEMENT OF MOVEABLE PARTITIONS AND PAINTING Resolution 9165 - RESOLUTION NO. 9165 - A RESOLUTION OF THE CITY Cortez lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR CORTEZ PARK FOOTBALL AND MINOR BASEBALL FIELD LIGHTING Minutes of January 3, 1995 5 Resolution 9166 - RESOLUTION NO. 9166 - A RESOLUTION OF THE CITY Cortez parking lot COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR CORTEZ PARK REHABILITATION OF NORTH PARKING LOT Resolution 9167 - RESOLUTION NO. 9167 - A RESOLUTION OF THE CITY Del Norte lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR DEL NORTE BALLFIELD LIGHTING Resolution 9168 - RESOLUTION NO. 9168 - A RESOLUTION OF THE CITY Cameron lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR CAMERON PARK SOFTBALL FIELD LIGHTING Resolution 9169 - RESOLUTION NO. 9169 - A RESOLUTION OF THE CITY Palm View lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PALM VIEW PARK BALLFIELD LIGHTING Resolution 9170 - RESOLUTION NO. 9170 - A RESOLUTION OF THE CITY Cortez irrigation COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR CORTEZ PARK IRRIGATION UPGRADE Resolution 9171 - RESOLUTION NO. 9171 - A RESOLUTION OF THE CITY Friendship basketball COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR FRIENDSHIP PARK PARKING LOT PAVING BASKETBALL COURT WITH LIGHTS Resolution 9172 - RESOLUTION NO. 9172 - A RESOLUTION OF THE CITY Shadow Oak grading COUNCIL OF THE CITY OF WEST COVINA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS- TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR SHADOW OAK PARK GRADING, IRRIGATION, AND LAND- SCAPING CONSENT CALENDAR MOTION Motion by Wong and seconded by Herfert to waive further reading of the ordinance and resolutions and adopt, and approve all other items listed on the Consent Calendar except: C-5c, C-5e, C-8a, C-8b, and C-8c. Motion carried by roll call vote: AYES: Herfert, Touhey, Wong, McFadden NOES: None ABSENT: Manners C-5c (speed bumps) Councilmember Touhey requested that the City's policy on installing speed bumps be revisited. It was his feeling that it should be a neighbor- hood decision and installed at their cost. City Manager Starbird suggested that the matter be looked into and staff would report back on the liability issue as well as policies used by other cities. Minutes of'January 3, 1995 ,4 C-5e (Children at Play) Upon a question by Mayor Pro Tem Herfert, City Engineer Glover explained why the sign was denied by the Traffic Committee. Councilmember Wong suggested that inasmuch as the request came from a cul-de-sac neighborhood, perhaps the "Not A Through Street" sign will deter thru traffic and then review after a six-month trial period. Motion by Herfert and seconded by Touhey to approve C-5(i) that a "neighborhood watch" sign be installed on the northeast corner of Loma Vista Street and Astell Avenue, and C-5(ii) that a "not a through street" sign be installed on Loma Vista Street at Astell Avenue, and that C- 5(iii) re the "Children at Play" sign be brought . back to Council with additional information. Motion carried 4-0. C-8a (Red curb policy) Councilmember Wong asked why the 200 foot radius was recommended by staff. City Engineer Glover responded. Mayor McFadden agreed with Wong in favoring a 300 foot radius. Motion by McFadden and seconded by Wong to approve the recommendation amending the radius from 200 feet to a 300 foot radius. Motion carried 4-0. C-8b (sewer connection) Upon questions by Councilmember Wong, City Engineer Glover explained that the City will have control over connection repairs through the permit process to open the street. Motion by Wong and seconded by McFadden to approve the recommendation and introduce the proposed ordinance. Motion carried 4-0. C-8c (vehicle purchase) Councilmember Touhey requested a report regarding the vehicles at the Maintenance Department. Motion by Wong and seconded by Herfert to approve the recommendation. Motion carried 4-0. PUBLIC WORKS PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING Si VICES FOR ASSESSMENT DISTRICTS - BSI CONSULTANTS, INC. City Engineer Glover presented the staff report, noting that Mr. Jeff Cooper of BSI Consultants was in the audience to respond to Council ques- tions. BSI Consultants Councilmember Wong stated he would abstain from the discussion and vote on this issue, due to conflict of interest laws. Mr. Cooper approached the podium to respond to questions and financial concerns regarding restructuring and consolidating districts, the RFP process in selecting BSI, notification of residents, and funding source for the proposed services. City Manager Starbird explained the impor- tance of moving forward with Phases I and II, and Phases IV and V were not quite as critical. Mayor McFadden stated his support of the staff recommendations, noting that the consul- tant has been able to save money for other cities and to have him study the City's dis- tricts can save West Covina money as well. Mayor Pro Tem Herfert noted that six months ago Council made a decision to remove Engi- neering costs from the districts and would not Minutes of January 3, 1995 7 support using reserves for this. Councilmember Touhey favored this work being done in-house. Motion by McFadden to move forward with the recommendation, except for Phase III, and funding through the General Fund reserves and consider charging the cost back to the Districts at a later date. Mayor Pro Tem Herfert seconded the motion for voting purposes. Motion failed by the following vote: 1-2-1 with Touhey and Herfert voting no and Wong abstaining. Motion by Herfert and seconded by Touhey to proceed with Phases I and II, utilizing the services of BSI Consultants, and funding it through the existing budget. Motion carried 3- 0-1 with Wong abstaining. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) BKK LANDFILL REGULATORY REQUIREMENTS ON GAS AND WATER WELL DECOMMISSIONING BKK - Waste Management Enforcement Manager Samaniego decommissioned wells presented the staff report. Mayor Pro Tem Her- fert requested a map of the decommissioned wells discussed in the staff report. Councilmember Touhey commented on BKK monitoring their own wells - likening it to the hound in charge of the hen house. Councilmember Wong asked if BKK used a certified lab to test and monitor the wells. Motion by Herfert and seconded by Touhey to hold this matter over until more information is received and that staff respond to each of Ms. Arneson's questions asked during Agenda Communi- cations. Motion carried 4-0. ENVIRONMENTAL SERVICES STATUS OF BKK UNCLASSIFIED USE PERMIT COMPLIANCE Status of BKK UUP Environmental Services Director Miller presented the staff report. Motion by Herfert and seconded by Touhey to receive and file the report. Motion carried 4-0. COMMUNITY DEVELOPMENT SERVICES PLANNING AUTO REPAIR IN RESIDENTIAL ZONES Council reviewed the staff report. Motion by Auto Repair Herfert and seconded by McFadden to refer to staff for stepped up enforcement. Motion car- ried 4-0. REDEVELOPMENT AGENCY • 1) Mayor McFadden recessed the City Council meeting at 10:43 pm to convene the Redevelopment Agency. The City Council reconvened at 10:45 pm with Manners absent. 2) Redevelopment Agency Annual Report Council reviewed the report. Motion by Wong and seconded by Touhey to receive and file the Redevelopment Agency Annual Report Minutes of January 3, 1995 for 1993/94. PARKING AUTHORITY Motion carried 4-0. 0 1) Mayor McFadden recessed the City Council • meeting at 10:45 pm to convene the Parking Authority meeting. The City' Council meeting reconvened at 10:46 pm with Manners absent. 2) Parking Authority Financial Report Council reviewed the financial report. Motion by Herfert and seconded by Touhey to receive and file the independent auditor's report of the Parking Authority financial statements covering the fiscal year ending June 30, 1994. Motion carried 4-0. HUMAN SERVICES No reports scheduled for this meeting. PUBLIC SAFETY POLICE DEPARTMENT PURCHASE OF TWO ADDITIONAL DRIVING SIMULATORS Training Simulators Council reviewed the staff report. Motion by Herfert and seconded by Touhey to approve the purchase of two additional driving simulators from AGC Simulation Products (sole source manufacturer) at a cost not to exceed $105,000 which represents a pre -negotiated total savings of $9,660 and includes a dispatch module and instructor playback monitor at no extra cost. Motion carried 4-0. ADMINISTRATIVE SERVICES No reports scheduled for this meeting. GENERAL ADMINISTRATION CITY ATTORNEY No closed session held. APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve Demands totaling $1,065,529.79 as listed on check registers 152362 through 152610. Motion carried by roll call vote: AYES: Herfert, Touhey, Wong, McFadden NOES: None ABSENT: Manners ABSTAIN: Herfert re SCE bill ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) APPOINTMENT OF REPRESENTATIVE TO THE SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT • Council reviewed the staff report. Councilmember Touhey noted that any one of the Council could attend the meetings; therefore, he did not favor appointing a specific alternate. Motion by Herfert and seconded by McFadden to appoint Manners as the City's representative for a two year term and appoint no alternate. Motion carried 4-0. • Minutes of January 3, 1995 2) COUNCILMEMBERS' REPORTS 1) Motion 0 RESOLUTION OF COMMENDATION FOR RETIRING EMPLOYEE VALERIE HOFFORD Motion by Herfert and seconded by Touhey to approve a resolution of commendation for Valerie Hofford. Motion carried 4-0. REVIEW OF BKK FINANCIAL ASSURANCES Mayor Pro Tem Herfert stated that there has long been a requirement of BKK to set aside money for post closure of the landfill. BKK's failure to set aside funds for this is a result of lax enforcement on the part of the Department of Toxic Substances Con- trol (DTSC), a state agency that hasn't done their job to make sure that money is there. The City is now negotiating setting aside City funds for this. Motion by Herfert that the City sue DTSC to make sure the financial assurances are in place for the Class I portion of the landfill so that the funding does not come from the City. The motion was seconded by Wong for discussion purposes. Councilmember Wong asked for a closed session to receive a briefing on. the situ- ation and the City's chances of prevailing with a lawsuit against DTSC. City Attorney stated that if the Council were in favor of Mayor Pro Tem Herfert's motion, the City Attorney would prepare a report on the ramifications of a lawsuit, the costs, etc., but would not be. able to verbally address it this evening because a closed session on this matter was not noticed. Mayor McFadden suggested the City Attorney be directed to prepare a report for Council and then conduct a closed ses- sion. He added that he was not favorably disposed to entering a lawsuit with a state agency regarding a Federal and state issue. Mayor Pro Tem Herfert stated that he wanted to move forward with the lawsuit, putting the burden on DTSC and not the residents of West Covina. Amended motion Mayor Pro Tem Herfert amended his motion to direct the City Attorney to prepare a law- suit against DTSC and bring it back to the City Council, with an additional report regarding where the CIWMB is with financial assurances for the Class III portion of the landfill. Vote on the amendment resulted in 3-1 with Wong voting no. Discussion ensued regarding parliamentary procedures under Robert's Rules of Order. The decision was made to vote on the original motion, as amended. Restated: Direct City Attorney to prepare a lawsuit against DTSC and bring it back to Council for final decision, and receive a report regarding CIWMB's status of Class III financial assurances. Motion carried 3-0-1 Minutes of January 3, 1995 Motion • 2) 10 with Wong abstaining. CONTINUATION OF PARTICIPATION IN MANDATORY SETTLEMENT CONFERENCE: CITY OF WEST COVINA VS HRR CORPORATION Mayor Pro Tem Herfert related the last two years the City has been in litigation with BKK and a trial was postponed by the judge for mandatory settlement negotiations. He noted that the settlement discussions have been going on for the last four months. A lot of money has been expended and he felt it was time to make a'decision. The court date gets pushed further and further and more and more money is being spent. Motion by Herfert and seconded by Touhey to end the settlement discussions with BKK and go to trial on the MOU con- tract. Councilmember Touhey discussed cam- paign platforms regarding the closure of the landfill and changed positions of some of the councilmembers. Councilmember Wong noted that facts change and information available to candidates is not always the same information as that discovered during closed sessions as a Councilmember. He stated he would be abstaining from the motion on the floor because it would be easy to construe that a no vote would be in favor of a settlement and yet there is no settlement before the Council. He supports continuing the discussions and when a set- tlement comes forward for consideration, then that would be the time and place to say yes or no to a settlement. Councilmember Touhey said negotiations were conducted in 1985 and decisions made then are being renegotiated again. Mayor McFadden spoke about his efforts and beliefs about his work on the settle- ment discussions and noted that it is not as simple as one might'think. He expounded on some of the financial issues involved as well as opinions he's gained from talking to other attorneys regarding this entire issue. He expressed interest in gaining the citizens' thoughts on the issue, once they have had an opportunity to hear all the facts. Mayor McFadden concluded by stating that he was not in favor of cutting off the settlement negotiations. He suggested con- tinuing through February 22, which is .the trial date. Discussion continued. City Attorney responded to a question regarding the voting requirement. She stated that a majority of the quorum is required to carry the motion. Mayor McFadden asked for a vote on the motion on the floor. Vote on the motion failed 2-1-1 with McFadden voting no and Wong abstaining. Minutes of January 3, 1995 11 Herfert Mayor Pro Tem Herfert requested the following be agendized for the next meeting: status report on litigation expenses. ADJOURNMENT Motion by McFadden and seconded by Herfert to adjourn the meeting at 12:24 am (Wednesday 1/4). Motion carried 4-0. Attest:,. City Clerk_,Janet B ry 0 ayo radley McFaddzn