06-10-1991 - Regular Meeting - Minutesi
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M I N U T E S
WEST COVINA CITY COUNCIL
REGULAR MEETING
June 10, 1991
The regular meeting of the West Covina City Council was called to order by Mayor
Jennings at 7:43 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West
Covina. The Pledge of Allegiance was led by Councilmember McFadden and the invo-
cation was given by Councilmember_Tarozzi.
ROLL CALL Mayor Jennings, Mayor Pro Tem Herfert, Councilmembers
Manners, McFadden, Tarozzi
Others Present: Starbird, Miller, Manheim, Holler, Wylie, Thomas, Holmes,
Keating, Glover, McClelland, Hanna, Yoshizaki, Haley,
Bonaparte, Salazar, Berry
APPROVAL OF MINUTES Motion by Manners, seconded by Herfert, and unanimously
carried to approve the minutes of the regular meeting of
May 28, 1991.
PRESENTATIONS
Mayor Jennings presented the following:
PEST CONTROL MONTH proclamation (6/91)
MUSCULAR DYSTROPHY DAY proclamation (6/29/91)
Water Conservation/Education Contest Winners
World Odyssey of the Mind Winners
HEARING
LANDSCAPE MAINTENANCE IN SINGLE FAMILY RESIDENTIAL ZONES -
AMENDMENT NO. 241
City Clerk Berry verified the affidavit of publication.
Amendment No. 241
Mayor Jennings opened the hearing and the staff report
Landscape Maintenance
was presented by Planning Director Haley.
in R-1 Zones
May Jennings opened the public testimony portion of the
hearing and asked for comments favoring the amendment.
The following addressed Council:
Jean Arneson, 1116 Donna Beth
Mayor Jennings asked for comments opposing the amendment
and no one addressed the Council. The public testimony
portion of the hearing was closed.
Mayor Pro Tem Herfert commenced Council discussion by
addressing the comments raised under public comment.
Councilmember Tarozzi expressed concern with some of the
language in the proposed ordinance as being quite stringent.
Councilmember Manners concurred but explained that it was
necessary to give the City leverage with severe cases
requiring City intervention.
City Clerk presented:
Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
Amendment No. 241 COVINA,.CALIFORNIA, AMENDING THE WEST COVINA"MUNICIPAL
CODE BY AMENDING CHAPTER 26, AS IT RELATES TO LANDSCAPE
MAINTENANCE
Motion by Herfert, seconded by Manners, and unani-
mously carried to waive further reading. Motion by Herfert-,
seconded by Manners,.and unanimously carried to Introduce
the ordinance.
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CITY COUNCIL "MINUTES 6/10/91 Page 2
HEARINGWEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4
City Clerk Berry verified the affidavit of publication.
Motion by Herfert, seconded by McFadden, and unanimously
West Covina Land. carried to receive and file the affidavit.
Main. District No. 4
Mayor Jennings opened the hearing and the staff report
was presented by Public Works Division Manager Thomas.
City Clerk Berry stated that no written communications had
been received either protesting or objecting to the matter
at hand.
Public —Testimony Mayor Jennings opened the public testimony portion of the
hearing. No oral protests or objections were offered;
however, the president of South Hills Association, Jeri,
Jeri' Gannon Gannon, asked for clarification on the slopes next to the
condo development that she was representing. Mr.. Thomas
responded. The public testimony portion of the hearing
was closed:upon:.motionc-by,;Herfert,,.^'seconded by Manners,
Public —Testimony —closed and unanimouslyccarried.
Staff was directed to check the dry slopes and Council -
member McFadden requested a staff report on the possibility
of planting bushes next to the walls to discourage graffiti.
City Clerk presented:
Resolution 8686 - RESOLUTION NO. 8686 - A RESOLUTION OF THE CITY COUNCIL
District No. 4 OF THE CITY OF WEST'COVINA, CALIFORNIA, CONFIRMING THE
REPORT OF THE CITY ENGINEER, DATED MAY 13, 1991, PREPARED
PURSUANT TO RESOLUTION NO. 8636, DATED FEBRUARY 11, 1991,
AND APPROVED PURSUANT TO RESOLUTION NO. 8675 OF THE COUNCIL
AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND
ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN
LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING
JULY 1, 1991 (West Covina Lanscaping Maintenance District
No. 4)
Motion by Tarozzi, seconded by Herfert, and unanimously
carried to waive reading of the resolution and to adopt.
Recess Mayor Jennings called a recess at 8:50 pm. The City
Council reconvened at 9:00 pm with all members present.
HEARING CITYWIDE SEWER STANDBY AND AVAILABILITY CHARGES, CLEAN
WATER ACT AND STREET SWEEPING PROGRAM FUNDING 1991/92 -
METHOD OF COLLECTION
City Clerk Berry verified the affidavit of publication.
Citywide Sewer Standby & Motion by Tarozzi, seconded by Herfert, and unanimously
Availability Charges carried to receive and file the affidavit:
Mayor Jennings opened the hearing and the staff report
was presented by Public Works Division Manager Thomas.
Council asked several questions regarding the inclusion
of the Clean Water Act and thecStreet Sweeping Program
and the collection of these charges through the County
General Tax Bill. Staff :enumerated the increase. -.in
charges as well as the breakdown of the different facets
of the charges. .
Public Testimony City Clerk Berry stated that no written protests or
objections had been received by her office. Mayor
Jennings then asked for oral objections or protests.
The following addressed Council:
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CITY COUNCIL MINUTES 6/10/91 Page 3
Corey Warshaw Corey Warshaw, 3330 Holt Avenue, asked where did the funds
come" _from,:for street sweeping in FY 90/91 and what will
those previous funds be used for.
Royal Brown Royal Brown, 2153 Aroma Drive, opposed the $21.47 fee.
Robert Wright Robert Wright, 2135 E. Vine, felt the City was jumping the
gun by addressing the Clean Water Act at this time, that
the County will be spearheading studies.
By consent of the Council, the hearing was temporarily
suspended in order to accommodate a woman in the audience
Hywanna Berhow who wished to speak to Council on another matter. Mrs.
Hywanna Berhow;:2245 E. Walnut Creek Parkway, briefly
discussed a:traffic accident that she was involved in at
the intersection of Hollenbeck and West Covina Parkway.
The matter was referred to the Traffic Committee.
Mayor Jennings continued with the hearing and asked for
any other additional comments. The following addressed
Council:
Annette Lyford Annette Lyford, 3106 Los Cerrillos, suggested Council
wait to see what.happens to the pending Court case regarding
Proposition 13 before proceeding further.
Iris Delameter Iris Delameter, 1212 W. Eckerman, asked about the financial
implications..
Juan Mavridis Juan Mavridis, 2038 Indiana
Xavier Hermosillo Xavier Hermosillo, 1930 Shamwood Street, bbjected to the
staff report statement that West Covina fees are very low
compared to other entities when the attachment quotes
rates lower than the proposed charges.
Public —Testimony —closed There being no further verbal comments, the public hearing
was closed upon motion by Tarozzi, seconded by Herfert,
and unanimously carried. Council discussion followed.
Council discussion Councilmember.Tarozzi reported that the Proposition 13
petition had been withdrawn. He stated that street sweeping
has previously'been funded through gas tax. He was not
so sure that $130,000 was necessary for Clean Water Act
administration. In conclusion, he could not support the
increase and,'.if need be, increases should be borne by
the General Fund.
Councilmember McFadden requested a clarification on the
use of discretionary funds and the implications thereof.
Councilmember Manners was not supportive of the entire
proposed increase and asked about the necessary "level
of effort" required. Staff responded with priorities
of the different facets of the charges and suggested
a couple of deletions to reduce -the recommended charges.
Mayor Pro Tem Herfert discussed actions taken by Council
thus farin addressing the entire budgetary concerns of
the City and notedehis support of Councilmember Manners'
suggestion to eliminate ..some items to draw down the
total charges.
Mayor Jennings noted that the proposed fee structure
amounted to an additional $1/month which would enable
the City to address a multiplicity of problems. He
noted this was a partial answer to the City's infra-
structure issue. He supported the staff recommendation.
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CITY COUNCIL MINUTES
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Council discussed which facets of the charges to remove
to bring the total charges to approximately $18.00 rather
Charge set around $18.00 than the proposed $21.47. Motion by Manners, seconded by
per unit McFadden to eliminate the $100,000 reserves, portions of
the sewer capital improvements $30,000 and possibly the
wash rack at $16,000 The motion passed with Tarozzi
voting no. City Manager Starbird noted that staff would
work out the necessary deletion details to bring the
annual standby & availability charge to $18.00.
City Clerk presented:
Resolution 8687 - RESOLUTION NO. 8687 - A RESOLUTION OF THE CITY COUNCIL
method of collection OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE
approved COLLECTION OF THE ANNUAL SEWER STANDBY AND AVAILABILITY
CHARGE THROUGH THE COUNTY GENERAL TAX BILL
Motion by Tarozzi, seconded by Herfert, and unani-
mously carried to waive further reading of the resolution.
Motion by Manners, seconded by McFadden to adopt the
resolution. Motion carried with Tarozzi voting no.
Recess Mayor Jennings called a recess at 11:04 pm. The City
Council reconvened at 11:11 pm.with all members present.
ORAL COMMUNICATIONS Juan Mavridis, 2038 Indiana, spoke to the written communi-
cation regarding.Shadow Oak Villas II and the brick wall
Juan Mavridis adjacent to the development. City Manager Starbird
reported that a meeting will be held with the homeowner
association representatives and a report would follow
to Council.
Jeri Gannon, 1810 Arizona, addressed the same issue
Jeri Gannon and asked that the watering of the slope be reviewed as
it is extremely dry. She noted that bushes are veryc
large which is frightening at times as gang members can
hide behind them.
CLOSED SESSION Mayor Jennings recessed the City Council meeting at
11:35 pm to convene a closed session to confer with the
City Attorney regarding litigation. Also, the Redevelop-
ment Agency was included for a joint closed session to
discuss real property negotiations concerning 298 N.
Azusa Avenue. The Council reconvened at 12:14 am to
complete the Council agenda.
CONSENT CALENDAR Written Communications (receive and file)
Letter received June 3, 1991 from Euclid Management Com-
pany on behalf`of the Shadow Oak Villas II Homeowners
Association regarding the City's block wall adjacent to
the development.
Commission Summary of Actions (receive and file)
Planning Commission . 6/5/91
ABC Application --(Police Chief recommends protest)
SRM Enterprises Inc. dba POOL POST PIZZA
Lucy Gabra (CEO) 2431 S. Azusa Avenue
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CITY COUNCIL MINUTES 6/10/91 Page 5
Temporary Use Permits (receive and file)
TUP #2018-91 was issued to Reynolds Buick, 345 N. Citrus,
for balloons on 5/18 and 5/19..
TUP #2019-91 was issued to Mission Chrysler, 298 N. Azusa
Avenue, for balloons and pennants on 5/18 and 5/19.
TUP #2020-91 was issued to K-Mart, 730 S. Orange, for a
sidewalk sale from 5/24 to 5/27.
TUP #2021-91 was issued.to Mission Chrysler, 298 N. Azusa
Avenue, for balloons and pennants from 5/25 to 5/27.
TUP #2022-91 was issued to Women's Missionary Fellowship
of Bethany Baptist Church, 763 N. Sunset, for a rummage
sale on 6/29.
• TUP #2923-91 was issued to Southland Motors, 2010 E. Gar-
vey, for balloons from 5/25 to 5/27.
TUP #2024-91 was issued to Queen of the Valley Hospital,
1115 S. Sunset, fora NKU Birthday on 6/5.
TUP #2025-91 was issued to Pic-N-Save, 635 N. Azusa, for a
sidewalk sale from 5/25 to 5/27.
TUP #2026-91.was issued to West Covina Toyota, 821 S.
Glendora, for balloons on 6/1 and 6/2.
Claims Against the City (deny and notify claimant)
.Charles Straus, Robyn Straus and Matthew Straus: On
April 18, 1991 a claim for personal injuries was received
by the City Clerk's Office.
Gary A. Nesbitt, a minor, by and through his legal
guardians, Robert Nesbitt and Wilhemena Nesbitt; Robert
Nesbitt and Wilhemena Nesbitt: On April 16, 1991 a claim
for personal injuries amounting.to $10,000 was received
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Acceptance of Improvements and/or Release of Bonds
SP 91118 - Inland Location: Woodgate Drive.
Asphalt & Coatings Staff recommends accepting Woodgate Drive closure
improvements and releasing Indemnity Company of California
Bond No. 206149P in the amount of $24,419.25 subject to
Notice of Completion procedure.
Miscellaneous Public Works
1) Urban Forestry Grant Application (adopt resolution)
RESOLUTION NO. 8688 - A RESOLUTION OF THE CITY COUNCIL
Resolution 8688 - OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE
Tree Purchases through APPLICATION FOR GRANT FUNDS FOR THE URBAN FORESTRY
Forestry Grant Program GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL
AND PARK LAND CONSERVATION BOND ACT OF 1988 FOR THE
FOLLOWING PROJECT: Tree Purchase - $20,800.00
2) Clean Up Week 1991 (receive and file)
Informational report regarding Clean Up Week.
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CITY COUNCIL MINUTES
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Ordinance for Adoption (waive reading and adopt)
Ordinance 1881 - ORDINANCE NO. 1881 - AN ORDINANCE OF THE CITY COUNCIL OF
Amendment No. 243 THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING) TO ALLOW FEES
AND CHARGES"FOR PLANNING DEPARTMENT SERVICES TO BE ESTAB-
LISHED BY CITY COUNCIL RESOLUTION (Amendment No. 243)
Award of Bids
1) SL 91123 - Cortez Street Lighting
SL 91123 - Recommendation is to accept the bid of National
National Electrical Electrical Contractors, Inc. in the amount of
Contractors. $14,788.00 as submitted at the bid opening of 6/3/91
and authorize the Mayor and City Clerk to execute
• the contract.
2) Custodial Services at City Hall, Police Department
and Communications Building
Recommendation is to authorize the Mayor and City
Custodial services - Clerk to execute an agreement with D.H. Maintenance
D.H. Maintenance Services Services in the amount of $64,800 per year for
custodial service, labor and material for the West
Covina Civic Center buildings per bid submitted
May 31, 1991.
3) Purchase of Rescue Truck Utility Boxes - Bid No. 91-07
Rescue Truck Utility Boxes - Recommendation is to award the bid for the purchase
Pacific Truck Equipment Co. of two rescue vehicle truck bodies to Pacific Truck
Equipment Company, Anaheim, in the amount of
$22,213.20, including tax.
Waste Management Activities Report (receive andt'file)
is
Informational report.
Miscellaneous
1) Employer Contribution: Employee Health Care and
Other Health Benefits (adopt resolution)
RESOLUTION NO. 8689 - A RESOLUTION OF THE CITY COUNCIL
Resolution 8689 - OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING
Health care benefits THE INCREASES IN THE CITY'S CONTRIBUTION TO THE
MONTHLY FLEXIBLE BENEFIT AMOUNT
2) We Tip Update (receive and file)
Informational.report.
3) Televising Waste Management and Environmental Quality
Commission Meeting
Recommendation is to approve televised coverage of
the June 20, 1991 quarterly joint meeting of the
Waste Management and Environmental Quality Commission
with the BKK Interagency Steering Committee.
CONSENT`.CALENDAR MOTION Motion by Herfert, seconded by McFadden to waive reading
of the resolutions and ordinance, and to adopt; and to
approve all other items listed on the Consent Calendar.
Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden; Tarozzi, Jennings
NOES: None
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CITY COUNCIL MINUTES
6/10/91 Page 7
PUBLIC WORKS DIVISION No items scheduled for this meeting.
COMMUNITY SERVICES DIVISION
OFFICE OF COMMUNITY SERVICES
ANTI -SCAVENGING ORDINANCES
Council reviewed the staff report.
City Clerk presented: .
Ordinances introduced: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
anti -scavenging COVINA, CALIFORNIA, REVISING AND READOPTING CHAPTER 12,
ordinances ARTICLES I & II (SECTIONS 12-1 - 12-27) OF THE WEST COVINA
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 1-37 OF THE MUNICIPAL
• CODE OF THE CITY OF WEST COVINA REGARDING VIOLATIONS AND
INFRACTIONS
Motion by Tarozzi, seconded by Manners, and unani-
mously carried to waive further reading of the ordinances.
Motion by Tarozzi, seconded by Manners, and unanimously
carried to introduce the ordinances.
PLANNING DEPARTMENT
REGULATIONS AND APPLICATION FOR BANNERS IN THE PUBLIC
RIGHT-OF-WAY
Council reviewed the staff report.
Motion by Manners, seconded by Herfert, and unanimously
Banners in the right -of- carried to approve permit procedures and filing require -
way ments for the display of banners as described in Alter -a..
native Two. Councilmember McFadden wanted information on
displaying information on marques.
OPERATIONAL.SERVICES DIVISION No items scheduled for this meeting.
• PUBLIC SAFETY DIVISION POLICE DEPARTMENT
POLICE ALTERNATE WORK WEEK UPDATE
Council reviewed the staff report.
Motion by Tarozzi, seconded by Manners, and unani-
mously carried to receive and file the report.
REDEVELOPMENT AGENCY The Redevelopment Agency meeting was conducted earlier
in the meeting.
CITY MANAGER 1) COMMISSION APPOINTMENTS
Council reviewed the staff report.
Councilmember Manners suggested reappointing
a Waste Managements&`Environmental Quality Commissioner
for an additional term past the limit by a 4/5 vote
of the Council. Discussion of length of commission
terms followed. Staff was directed to bring back to
Council ordinances addressing different alternatives
regarding.the limit and length of commission terms.
Discussion ensued regarding the possibility of
appointing a Councilmember liaison to each of the
commissions. The majority of Council felt strongly
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CITY COUNCIL MINUTES
6/10/91 Page 8
that as a liaison to a commission, the councilmember
Council liaison must not participate in the commission discussions
appointments or ask questions. Councilmember McFadden disagreed.
The point was made that commission issues often come
before the --Council and if the Councilmember had par-
ticipated in any way at the commission level then
participation at the Council level would be prohibited.
Mayor Jennings stated that all councilmembers must be
in agreement with this concept/process or it will work
to the detriment of the Council.
Motion by McFadden, seconded by Herfert to table
the issue. Motion carried with Jennings and Tarozzi
voting no.
Commission interview Regarding the interviewing process of potential
process commissioners, Mayor Pro Tem Herfert suggested two
• Councilmembers be designated as the interviewing panal
and make recommendations to the.Council on Commission
appointments.. Motion by Herfert, seconded by Tarozzi
and unanimously carried to approve that suggestion.
Motion by Herfert, seconded by Tarozzi, and
unanimously carried that Manners and Jennings be
appointed as the interviewing panal.
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APPROVAL OF DEMANDS Motion by Manners, seconded by McFadden to approve Demands
totaling $1,988.653.67 as listed on check registers 124742
through 125002, except for Demand No. 124901 which;:was Co
field over until the next meeting. Motion carried by roll
call vote:
AYES: Herfert, Manners, McFadden, Tarozzi, Jennings
NOES: None
ABSTAIN: Herfert re SCE bill
ORAL COMMUNICATIONS (NON -'AGENDA ITEMS)
Xavier Hermosillo
MAYOR'S REPORTS
Xavier Hermosillo, 1930 Shamwood Street, voiced his ob-
jection to waiting until the end of the meeting to bring
up a.:non-agenda item.
Motion by Manners, seconded by McFadden, and unanimously
carried to approve a resolution of commendation for a)
Citizen of the Year, and b) outgoing Chamber President
Stuart York.
Mayor Jennings reported on a recent tour of the Sanitation
District facilities including the Puente Hills Landfill
and the water reclamation center.
COUNCILMEMBERS' REPORTS Motion by Tarozzi, seconded by Herfert, and unanimously
carried to agendize resolution of commendation approval
for the Senior Citizens Support Group.
Motion_by Tarozzi;!:seconded by Manners to place both
Oral Communications atcthe.:front`ofuthe agenda, as with
previous agendas. Motion carried with Jennings voting no.
ADJOURNMENT Motion by Herfert, seconded by Tarozzi, and unanimously
carried to adjourn the meeting at 1:22 am to 5:30 pm on
June 13, 1991 in the Management Resource Center.
ATTEST: y�
Mayor Ri Jenning
City Clerk Janet B ry - 8 -