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01-17-1995 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 17, 1995 The regular meeting of the West Covina City Council was called to order by Mayor McFadden at 8:45 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Dr. Kundan L. Peter of West Covina United Methodist Church and the Pledge of Allegiance was led by Councilmember Touhey. ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council - members Manners, Touhey, Wong Others Present: Starbird, Wylie, Collier, Glover, Salazar, Mayer, Langston, Cleary, Yoshizaki, L. Williams, Keating, Greene, Distelrath, Patton, Samaniego, Berry APPROVAL OF MINUTES Motion by Herfert and seconded by Touhey to approve the minutes of the regular meeting of December 6, 1994, and the minutes of the joint meeting with the Human Services Commission of December 19, 1994. Motion carried 5-0. PRESENTATIONS Fire Chief Greene introduced.Dr. Ong of Inter - Community Hospital who was instrumental in pro- viding technical advise to the Fire Department with the new defibrillator program. Chief Greene presented him with a Certificate of Appreciation. Several of the Emergency Medical Team members displayed the new defibrillator equipment and explained its use on patients. Geneva Nixon, president of West Covina Beautiful, announced the upcoming West Covina Birthday Celebration scheduled for February 2, 1995, at the West Covina Lanes. She invited all citizens to attend. HEARING CONTINUED PUBLIC HEARING - RESIDENTIAL LIGHT AND GLARE ORDINANCE (AMENDMENT NO. 262) After a lengthy discussion at the previous City Council meeting of January 3, 1995, this item was continued until this evening. Motion by Manners and seconded by Herfert to approve the staff recommendation to continue the public hearing concerning Amendment No. 262 to the Council meeting of February 7, 1995, to allow staff to do additional research in response to comments from the City Council. Motion carried 5-0. AGENDA AND ORAL COMMUNICATIONS • Sue Nunez Sue Nunez, 1339 E. Loma Vista Street, thanked Council for considering "Children at Play" signs for her cul-de-sac (Item D-1). She stated that her neighborhood was willing to pay for the sign and its upkeep. CONSENT CALENDAR Written Communications (none received) Minutes of January 17, 1995 Commission summary of Actions (receive & file) Human Services 12/13/94 Planning 1/10/95 Claims for Action (deny & notify claimant) On November 18, 1994, the City Clerk's Office received a claim from Charles L. Gallant for personal injuries. Amount of claim had not been determined at time of presentation. On November 10, 1994, the City Clerk's Office received a claim from James Arthur Windom III for personal injuries in excess of $5,000,000. On December 7, 1994, the City Clerk's Office received a claim from Elizabeth D. Stanford for personal injuries amounting to $100,000,000. On November 16, 1994, the City Clerk's Office received a claim from Manuel Hinojosa for property damage amounting to $165. Acceptance of Improvements/Release of Bonds SP 94109 - Curb and Address Painting by I.P.S. Services. I.P.S. Services Recommendation is to accept improvements and release Vigilant Insurance Company Bond No. 89400597 in the amount of $37,800.00, subject to Notice of Completion procedures. Ordinance for Adoption(waive reading & adopt) Ordinance 1952 - ORDINANCE NO. 1952 - AN ORDINANCE OF THE House sewer connections 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 CON- NECTIONS City Treasurer's Report (receive & file) Report for the month of November, 1994. Award of Bid GP 95302 - Playground Modifications and Barrier Removal at Del Norte, Galster, Gingrich, Shadow Oak and Walmerado Parks GP 95302 - Recommendation is to accept the bid of Hondo Co. Hondo Company of Santa Ana in the amount of $244,996 as sub- mitted at the bid opening on December 9, 1994, and authorize the Mayor and City Clerk to execute a contract for the work to be done. Miscellaneous - Public Works 1) Ordinance Introduction - Badillo Street Speed Zone and La Puente Speed Zone • (waive reading & introduce) La Puente speed zone . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW PRIMA FACIE SPEEDS Badillo speed zone AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Minutes of January 17, 1995 AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS 2) Construction Activity Report (receive & file) Two reports submitted informationally: one is a summary of major building construction activity as reflected by issued Building Permits for the quarter ending December 30, 1994, and the other is a citywide construc- tion activity report for the year ending December 30, 1994. Miscellaneous - Human services 1) Consumption of Alcohol Beverages in City Recommendation is to receive and file this report outlining the current City policy regarding the consumption of alcohol in beverages in City facilities. 2) Minor Home Improvement Grants Recommendation is to refer this matter to the Human Services Commission to consider for the 95/96 Community Development Block Grant Program. Miscellaneous - Waste Mnat Enforcement Agency Appropriation of Unappropriated Fund Balances for the Waste Management Enforcement Agency (WMEA) Recommendation is to approve appropriation of $14,774 from the California Integrated Waste Management Board for FY 94/95. Miscellaneous - Finance Recovery of DUI Charges Recommendation is to receive and file the report which indicates the City is currently recovering DUI charges up to the maximum allowed by law. Councilmember Wong noted a discrepancy between the implementing ordinance and the resolution. Staff responded. CONSENT CALENDAR MOTION Councilmember Manners requested Item C-4 be removed from the Consent Calendar for separate consideration. Motion by Herfert and seconded by McFadden to approve to waive further reading of the ordi- nances and to adopt Ordinance 1953 and intro- duce the other two, and to approve all other items listed on the Consent Calendar, except . Item C-4. Motion carried by roll call vote: AYES:-Herfert, Manners, Touhey, Wong, McFadden NOES: None Item C-4 Regarding to Curb and Address Painting project, Address Painting Councilmember Manners stated that the addresses on her street were to have been redone, but it appears the company has not come back out to fix them. Minutes of January 17, 1995 Motion by Herfert and seconded by Manners to hold this matter over until the next meeting to give staff a chance to speak with the con- tractor. Motion carried 5-0. • PUBLIC WORKS CHILDREN AT PLAY Council reviewed the staff report. "Watch for Children" City Attorney discussed the possible increase in liability by installing such signs. Councilmember Manners asked if the liability would be reduced by having the neighbors sign a hold harmless agreement. City Attorney Dixon responded that it probably wouldn't help. Councilmember Manners stated she had mixed feelings about this. She was not in favor of instilling a false sense of security for the neighbors and yet they are willing to pay for the sign and its upkeep, so apparently they really feel it is necessary. Perhaps a written letter to accompany the sign would be appro- priate - warning the neighbors that the sign does not make the street safe. Councilmember Wong stated he would support approving the installation of the sign if the neighbors paid for it and staff develops guide- lines. Mayor McFadden stated he preferred "Watch for Children" rather than "Children at Play." Motion by McFadden and seconded by Manners to approve a "Watch for Children" sign for the Loma Vista cul-de-sac and direct staff to pre- pare guidelines for future requests submitted to the Traffic Committee. Motion carried 5-0. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) BKK LANDFILL DATA SUPPORTING ABANDONMENT OF "K" LINE GAS COLLECTION WELLS AND RESPONSES TO MRS. JEAN ARNESON'S QUESTIONS BKK "K'! Lines Gas Council reviewed the staff report. Collection Wells Motion by Manners and seconded by Herfert to receive and file the report. Motion carried 5-0. ENVIRONMENTAL SERVICES No reports for this meeting. REDEVELOPMENT AGENCY Mayor McFadden recessed the City Council meeting at 9:19 pm to convene the Redevelopment Agency. The City Council reconvened at 9:24 pm with all members present. HUMAN SERVICES No reports for this meeting. • PUBLIC SAFETY SERVICES No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. • • Minutes of January 17, 1995 GENERAL ADMINISTRATION CITY ATTORNEY 1) CLOSED SESSION No closed sessions held. 5 2) CITY COST RECOVERY FOR GRAFFITI VANDALISM Status Report - Graffiti cost recovery Council reviewed the staff report. Motion by Herfert and seconded by McFadden to receive and file the report. Motion carried 5-0. 3) BKK CLASS I & CLASS III FINANCIAL ASSURANCES Council reviewed the staff report. BKK - Financial Motion by Herfert and seconded by Assurances McFadden to hold this matter over to the next regular Council meeting. Motion car- ried 5-0. CITY MANAGER 1) IMPLEMENTATION OF AS 13 Implementation of AS 13 Council reviewed the staff report. Councilmember Touhey stated that he would vote.no on this issue due to his associ- ation with the tobacco industry. Motion by Herfert and seconded by Manners to designate the Police Department as the City's Enforcement Agent for AS 13. Motion carried 4-1 with Touhey voting no. 2) BUSINESS LICENSE ADVISORY COMMITTEE Bus. Lic. Committee Council reviewed the staff report and dis- cussed various methods for appointing members to the committee. Motion by Herfert and seconded by Touhey that each Councilmember select two members and forward those names to the City Manager. The names will be submitted to Council at the next meeting and the Council may decide at that point whether to make further appointments. Motion carried 5-0. 3) BKK LITIGATION BUDGET BKK Litigation Budget Council reviewed the staff report. Coun- cilmember Wong stated that he would abstain from voting on this issue as he was con- cerned about how much more this will cost. Motion by Herfert and seconded by McFadden to appropriate funds for the pur- poses and in the amounts indicated in the staff report from the BKK Augmentation Fund and direct the City Manager to establish separate budget expenditure accounts for the various BKK issues requiring direct expenditures for legal and consulting services as indicated in the staff report. Motion carried 4-0-1 with Wong abstaining. Minutes of January 17, 1995 0 APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve demands totaling $1,368,557.49 as listed on Check Register FI 152611 through 152882. Motion carried by roll call vote: AYES: Herfert, Manners, Touhey, Wong, McFadden NOES: None ABSTAIN: Herfert re SCE billing Touhey re E.S.G.V. ROP ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) Mayor McFadden announced his office hours of 9 am to 11 am at the Senior Citizens Center on Wednesday, January 18th. 2) Mayor McFadden announced a Liberation of Manilla celebration scheduled for February 4th at Cameron Park, 10 am to 4 pm. 3) Mayor McFadden announced that Fire Chief Greene will be his next guest on the Mayor's live televised program on Channel .56 at 7 pm Thursday evening. 4) Motion by Manners and seconded by Herfert to ratify a resolution commending the Citizen of the Year and re -present it to Suzanne Dunn at the next Council meeting. Motion included inviting all the nominees to the next meeting and carried 5-0. COUNCILMEMBERS' REPORTS Councilmember Manners reported that she was honored to officiate a Court of Honor ceremony for Eagle Scouts and found it very moving. She commended Kyle Walker as well. ADJOURNMENT Motion by Herfert and seconded. by Touhey to adjourn the meeting at 9:58 pm. Motion carried 5-0. Attest: City Clerk Janetytry r1 U