04-19-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
WEST COVINA CITY COUNCIL
April 19, 1994
The regular meeting of the West Covina City Council was called to order
• by Mayor Jennings at 7:40 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Rev. Don Bommarito
of United Methodist Church and the Pledge of Allegiance was led by Mayor
Pro Tem Wong.
ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Council -
members Herfert and McFadden. Councilmember
Manners arrived at 8:27 pm (excused).
Others Present: Starbird, Wylie, Hanna, Thomas, Miller, Orr,
Keating, Koniarsky, Yoshizaki, Samaniego, Jones,
Distelrath, Tucker, Gould, Leonard, Heieck,
Glover, Meyer, Shott, Collier, Hoppe, Holler,
Salazar, Greene, Patton, Delgadillo, Cheramie,
Berry
PROCLAMATIONS Mayor Jennings proclaimed the following:
1) WEST COVINA BEAUTIFUL MONTH (May) and
presented the proclamation to Geniva Nixon
and Bea Uribe.
2) OCCUPATIONAL HEALTH MONTH (May) and
presented the proclamation to Elena Narvaez
Queen of the Valley Hospital.
3) ALL FOR THE LOVE OF KIDS DAY (April 21st)
4) EARTH WEEK (April 22 - 28) and presented
the proclamation to Chairman Bill
Ketteringham of the Waste Management &
Environmental Quality Commission.
5) HIRE A VETERAN WEEK (May 1 - 7)
PRESENTATIONS City Manager Starbird recognized the Finance
team (Abe Koniarsky, Marge Tucker, Dan Holler,
David Gould) for a comprehensive, readable
budget and CAFR documents that enabled the City
to receive two awards from the California
Society of Municipal Finance Officers:
"Excellence - 93/94 Operation Budget"
"Outstanding Financial Reporting 92/93"
HEARING CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED
DDA BETWEEN THE W.C. REDEVELOPMENT AGENCY AND
ZELMAN DEVELOPMENT COMPANY (con't from 4/5/94)
Mayor Pro Tem Wong stated that he would abstain
from discussion and vote regarding this matter,
due to conflict of interest laws.
Mayor Jennings stated that this hearing was
• opened on April 5, 1994, and due to the filing
of an appeal by West Covina Lakes Associates of
Precise Plan No. 794, Revision 4; UUP 457; and
Variance No. 993, this hearing was continued
until this evening. Staff is currently working
with West Covina Lakes Associates and Zelman to
resolve the appellant's issues. Additionally,
this matter should be considered after the con-
clusion of the planning entitlement issues.
Therefore, the recommendation is to continue the
Minutes of April 19, 1994
hearing to May 17, 1994.
Hearing continued Motion by Herfert, seconded by McFadden to
to 5/17/94 continue the hearing to May 17, 1994. Motion
carried with Wong abstaining and Manners absent.
This same action was taken by the Redevelopment
• Agency.
Recess Mayor Jennings recessed the City Council meeting
at 8:05 pm to finish the Redevelopment Agency
agenda. Council reconvened at 8:06 pm.
HEARING APPEAL OF PLANNING COMMISSION DECISION TO
APPROVE PRECISE PLAN NO. 794, REV. 4; UUP NO.
457; VARIANCE NO. 993; AND TO CERTIFY THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
(Zelman Retail Partners)
Mayor Jennings explained this hearing is an
appeal of a precise plan of design to allow the
construction of a 95,000 •sq. ft. commercial
shopping center, an unclassified use permit to
allow an outdoor seating area for a cappuccino
bar in conjunction with a major tenant, and a
variance to allow an attached wall sign which
exceeds the maximum allowable sign area located
on a 7.09 acre site in the Regional Commercial
(RC) zone.
Mayor Pro Tem Wong stated that he would abstain
from discussion and vote on this item, due to
conflict of interest laws.
City Clerk Berry verified the affidavit of
publication and mailing. Mayor Jennings opened
the hearing and stated that the recommendation
is to continue the hearing to May 17, 1994. He
asked if there were members of the audience who
wished to address the Council and no one spoke
regarding this item.
Hearing continued Motion by Herfert, seconded by McFadden to
5/17/94 continue the hearing to May 17, 1994. Motion
carried with Wong abstaining and Manners absent.
ORAL COMMUNICATIONS Stuart York, 1562 Atoll, congratulated Steve
Herfert and Michael Touhey on their election
wins. He saluted Mayor Jennings on his
straightforward campaign and his
accomplishments, not only during his term in
office but also throughout the community in
previous years. Mr. York asked his own
supporters to join with him in backing the new
Council.
Robert Bacon, 100 N. Barranca, offered his con-
gratulations to the new Council and urged their
• adoption of the ordinances listed on the Consent
Calendar.
Ziad Alhassen, 100 N. Barranca, also
congratulated the new Council.
CONSENT CALENDAR Written Communications (none received)
City Council Minutes of 4/19/94
Claims for Action (deny and notify claimant)
On February 26, 1994, the City Clerk's Office
received a claim from Robert Phillip Chrysler
for personal injuries. The amount of the claim
had not been determined at time of filing.
• On February 28, 1994, the City Clerk's Office
received a claim from Cecelia Hoof for personal
injuries. The amount of the claim had not been
determined at time of filing.
On February 28, 1994, the City Clerk's Office
received a claim from Shanai Hoof for personal
injuries. The amount of claim had not been
determined at time of filing.
On February 28, 1994, the City Clerk's Office
received a claim from Delois Hoof for personal
injuries. The amount of claim had not been
determined at time of filing.
On February 28, 1994, the City Clerk's Office
received a claim from Walter Lee Hoof for
personal injuries. The amount of claim had not
been determined at time of filing.
On December 29, 1993, the City Clerk's Office
received a claim from John F. Moore for personal
injuries. The amount of claim had not been
determined at time of filing.
On January 28, 1994, the City Clerk's Office
received a claim from Azusa Hayashi, Megumi
Katsumata for property damages amounting to
$1,027.76.
On February 3; 1994, the City Clerk's Office
received a claim from Jennifer Montenegro for
property damages amounting to $150.00.
On February 1, 1994, the City Clerk's Office
received a claim from Stephen Craig Hancock for
leave to present a late claim for personal
injuries. The amount of claim had not been
determined at time of filing.
On February 22, 1994, the City Clerk's Office
received a claim from the City of Walnut for
partial and total indemnification pertaining to
a lawsuit filed against claimant for general
negligence and premises liability.
On March 3, 1994, the City Clerk's Office
received a claim from Mohammed Riaz and Raihana
TRS Riaz Family Trust for indemnification
regarding a lawsuit filed against them by
Satellite Management Company, Inc.
On March 23, 1994, the City Clerk's Office
• received a claim for spoliation of evidence.
The amount of claim had not been determined at
time of filing.
On March 23, 1994, the City Clerk's Office
received a claim from Jack Wilson Construction
Company an application for leave to present a
late claim for spoliation of evidence. The
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City Council Minutes of 4/19/94
amount of claim had not been determined at time
of presentation.
On March 23, 1994, the City Clerk's Office
received a claim from Jack Wilson Construction
Company an application for leave to present a
• late claim for indemnification.
On March 23, 1994, the City Clerk's Office
received a claim from Jack Wilson Construction
Company for leave to present a late claim for
indemnity based upon attorney malpractice.
Approval of Final Map (adopt resolution)
Resolution 9069 - RESOLUTION NO. 9069 - A RESOLUTION OF THE
Parcel Map 22695 CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO
22695 AND DIRECTING THE RECORDATION THEREOF (San
Gabriel Valley Tribune)
Ordinances for Adoption (waive reading & adopt)
Ordinance 1934 - ORDINANCE NO. 1934 - AN ORDINANCE OF THE
Installment Sale CITY COUNCIL OF THE CITY OF WEST COVINA,
Agreement CALIFORNIA, APPROVING THE FORM AND AUTHORIZING
THE EXECUTION OF AN INSTALLMENT SALE AGREEMENT
BETWEEN THE CITY AND THE WEST COVINA PUBLIC
FINANCING AUTHORITY, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
Ordinance 1935 - ORDINANCE NO. 1935 - AN ORDINANCE OF THE
Adult Oriented CITY COUNCIL OF THE CITY OF WEST COVINA,
Businesses CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE TO ESTABLISH A PERMIT
PROCESS AND REGULATIONS FOR ADULT ORIENTED
BUSINESSES AND AMENDING CHAPTER 15
(MISCELLANEOUS PROCEDURES RELATING TO PUBLIC
HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL
CODE AS IT PERTAINS TO PUBLIC INDECENCY
Ordinance 1936 - ORDINANCE NO. 1936 - AN ORDINANCE OF THE
Newsracks CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING
CHAPTER 19 (STREET, SIDEWALKS AND PUBLIC PLACES)
OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH
REGULATIONS OF THE PLACEMENT, DESIGN,
APPEARANCE, AND SERVICING OF PUBLICATION VENDING
MACHINES
Award of Bids
1) Use of Redevelopment Agency Tax Increment
Funds to Construct Public Improvements on
Vincent Avenue
Recommendation is to adopt the following
resolution to enable the use of tax
increments for the purpose of construction
of public improvements:
Resolution 9070 - RESOLUTION NO. 9070 - A RESOLUTION OF
RDA funding for Vincent THE CITY COUNCIL OF THE CITY OF WEST COVINA
• Avenue improvements MAKING FINDINGS WITH RESPECT TO THE
FINANCING OF PUBLIC IMPROVEMENTS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA
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City Council Minutes of 4/19/94
2) SP 93118 - Vincent Avenue Improvements
SP 93118 - This project provides for the construction
Mobassaly Engineering of concrete pavement and median landscaping
on Vincent from the eastbound freeway ramps
southerly to West Covina Parkway.
• Recommendation is to take the following
actions:
1) Transfer $56,000 from SP 94106 to SP
93118, and
2) Transfer $153,897.91 and $79,102.09
from Redevelopment Agency's Streetscape and
C.F.D. Rent Funds, respectively, to SP
93118 (total transfer is $233,000), and
3) Accept the bid of Mobassaly
Engineering, Inc., Azusa, in the amount of
$588,130.20 as submitted at the bid opening
of April 5, 1994, and authorize the Mayor
and City Clerk to execute the contract.
Miscellaneous - Building/Engineering Dept.
Construction Activity Report(receive & file)
Report for the quarter ending 3/31/94.
Miscellaneous - Redevelopment Agency
Appointment of. the Advisory Board for the West
Covina Auto Plaza Business Improvement District
(adopt resolution)
Resolution 9071 - RESOLUTION NO. 9071 - A RESOLUTION OF
Advisory Board CITY COUNCIL OF THE CITY OF WEST COVINA TO
APPOINT THE MEMBERS OF THE WEST COVINA AUTO
PLAZA ASSOCIATION, INC. TO BE THE ADVISORY BOARD
FOR THE WEST COVINA AUTO PLAZA BUSINESS
1t19:i61M01u0:4ZYaa&I"Wh
Miscellaneous - Fire Department
Weed Abatement - 1994
Recommendation is to take the following actions:
1) Approve the Weed Abatement Roll for Weed
Abatement - 1994
calendar year 1994 and adopt:
RESOLUTION NO. 9072 - A RESOLUTION OF
Resolution 9072 -
THE CITY COUNCIL OF THE CITY OF WEST COVINA
Weed Abatement Prgm.
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE
PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH
THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2,
CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE
Hearing: 5/3/94
2) Set May 3, 1994, as the date for
hearing any objections or protests to said
program.
CONSENT CALENDAR MOTION
Motion by Wong, seconded by Herfert to waive
further reading of the resolutions and
ordinances and to adopt, and to approve all
•
other items listed on the Consent Calendar.
Motion carried by roll call vote:
AYES: Herfert, McFadden, Wong, Jennings
NOES: None
ABSENT: Manners
City Council Minutes of 4/19/94
PUBLIC WORKS 1) GP 94304 - APPROVAL OF PLANS AND
SPECIFICATIONS FOR NEW FLOOR COVERING AT
SENIOR CITIZENS CENTER
GP 94304 - Council reviewed the staff report.
Plans & specs approved Motion by Herfert, seconded by
McFadden, and unanimously carried to
isapprove plans and specifications for GP
94304 and authorize the Maintenance
Director to call for bids.
2) LOS ANGELES COUNTY REGIONAL PARK AND
OPEN SPACE DISTRICT - COMPETITIVE
GRANTS APPLICATIONS
Council reviewed the staff report.
Resolution 9073 - RESOLUTION NO. 9073 - A RESOLUTION
Anti -graffiti coating OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RESCINDING RESOLUTION
NO. 9054 AND APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT
GRAFFITI PREVENTION COMPETITIVE GRANT
PROGRAM FOR THE CITY PARK RESTROOM ANTI -
GRAFFITI COATING
Resolution 9074 - RESOLUTION NO. 9074 - A RESOLUTION
Galster Park trails OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RESCINDING RESOLUTION
NO. 9055 AND APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT
TRAILS ACQUISITION AND DEVELOPMENT
COMPETITIVE GRANT PROGRAM FOR GALSTER PARK
TRAILS
Resolution 9075 - RESOLUTION NO. 9075 - A RESOLUTION
Cameron Avenue park trees OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT TREE PLANTING IN PUBLIC PLACES
COMPETITIVE GRANT PROGRAM FOR THE CAMERON
AVENUE PARK SITE GROVE OF TREES'
Resolution 9076 - RESOLUTION NO. 9076 - A RESOLUTION
Cameron Avenue park trails OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT TRAILS ACQUISITION AND DEVELOPMENT
COMPETITIVE GRANT PROGRAM FOR CAMERON PARK
SITE TRAILS
Motion by Herfert, seconded by
McFadden, and unanimously carried to waive
further reading of the resolutions and
adopt.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No scheduled reports.
• ENVIRONMENTAL SERVICES No scheduled reports.
COMMUNITY DEVELOPMENT Redevelopment Agency matters were considered
earlier in the meeting.
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City Council Minutes of 4/19/94
HUMAN SERVICES No scheduled reports.
PUBLIC SAFETY
ADMINISTRATIVE SERVICES
GENERAL ADMINISTRATION
APPROVAL OF DEMANDS
ELECTION MATTERS
Resolution 9077 -
Election canvass
Council Comments
Oath of Office
No scheduled reports.
No scheduled reports.
City Manager Starbird stated that a special
meeting has been scheduled for the Council
on Wednesday, April 20, 1994 at 5:00 pm to
confer with Counsel regarding litigation
matters.
Motion by Wong, seconded by Herfert to
approve Demands totaling $1,827,558.49 as
listed on check registers FI 146929 through
147220. Motion carried by roll call vote:
AYES: Herfert, McFadden, Wong, Jennings
NOES: None
ABSENT: Manners
CERTIFICATE OF CANVASS OF THE GENERAL
MUNICIPAL ELECTION OF APRIL 12, 1994
Council reviewed the staff report.
RESOLUTION NO. 9077 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RECITING THE FACTS OF
THE GENERAL MUNICIPAL ELECTION HELD APRIL
12, 1994, DECLARING THE RESULTS AND OTHER
SUCH MATTERS AS PROVIDED BY LAW
Motion by Herfert, seconded by
McFadden, and unanimously carried to waive
further reading of the resolution and adopt.
Councilmember Manners arrived at 8:27 pm.
Councilmember McFadden commended Stuart
York on his earlier gracious ,comments to
Council.
Mayor Jennings appreciated Mr. York's
comments as well. He then spoke about the
changes, improvements, and upgrades
accomplished during his tenure
Some of the items he mentioned
City Manager
Assistant City Manager
Fire Chief
Police Chief
Maintenance Director
The Plaza at West Covina
Auto Row Reader Board
Heritage Park
City Haul
Automated trash pickup
Country Plaza
on Council.
included:
City Clerk Berry administered the Oath of
Office to re-elected Councilmember Steve
Herfert and presented him with a
Certificate of Election.
•
City Council Minutes of 4/19/94
City Clerk Berry administered the Oath of
Office to newly -elected Councilmember
Michael Touhey and presented him with a
Certificate.of Election.
Mayor Jennings stepped down from the
Council table as Councilmember Touhey took
his place among the other Councilmembers.
Election of Mayor City Clerk Berry conducted the election for
Brad McFadden'' Mayor for the coming.year. Councilmember
Herfert nominated Brad McFadden. There
being no other nominations, nominations
were closed.
Motion by Wong, seconded by Manners,
and unanimously carried to elect Brad.
McFadden as the Mayor of West Covina.
Election of Mayor Pro Tem Mayor McFadden conducted the election of
Steve Herfert Mayor Pro Tem. Councilmember Touhey
nominated Steve Herfert. There being no
other nominations, nominations were closed.
Motion by Touhey, seconded by
McFadden, and unanimously carried to elect
Steve Herfert as Mayor Pro Tem of West
Covina.
Designation of Alternate to L.A. County Sanitation District
Mayor McFadden stated that as Mayor he
would automatically become the. city's
delegate to the Los Angeles County
Sanitation District; however, Council
needed to designate an alternate in the
event of his absence.
Mayor Pro Tem Herfert nominated
Councilmember Touhey. There being no other
nominations, the nominations were closed.
Motion by Wong, seconded by Herfert,
and unanimously carried to appoint Touhey
as alternate delegate to the Sanitation
District.
Council Comments Mayor McFadden presented Richard Jennings
several items: outgoing Mayor's plaque, a
Council's plaque, a City tile, and his
Mayor's cup. Mayor McFadden presented the
Mayor Pro Tem cup to Benjamin Wong.
Mayor McFadden spoke about his goals for the
upcoming year, encouraging Council to work
together as a team. He then invited
everyone to Chevy's Restaurant after the
Council meeting to kick-off the new Council
year.
Councilmember Manners congratulated Michael
Touhey on his election and Steve Herfert on
his re-election. She noted that each new
Council is an eye-opener and wished the
best to the both -of them.
Councilmember Wong felt that elections are
all about hopes for the future, and he
hoped the Council could agree that it would
be okay to disagree.
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City.Council Minutes of 4/19/94
•
10111.1 M
MAYOR'S REPORTS
COUNCILMEMBERS' REPORTS
ADJOURNMENT
Attest:
r
City Clerk Jan Berry
•
Councilmember Touhey expressed thanks to
his wife and family as well as his
supporters.
Mayor Pro Tem Herfert talked about the past
four years and two particular individuals
who made significant impacts on him:
Councilmember Bill Tarozzi and Marge Petty.
City Manager Starbird spoke on behalf of
the City employees, noting that the
departments will be working towards the
goals set by the Council. He congratulated,
both Herfert and Touhey on their elections
as well as the new Mayor and Mayor Pro Tem.
Robert Bacon, 100 N. Citrus, congratulated
Brad McFadden on being elected Mayor. He
noted that with a few exceptions, all
Councilmembers have tried to do their best
for the residents and he felt confident
that the new Council would do likewise.
Bill Hammerstrom, 1519 Newcrest,
congratulated re-elected Herfert and newly
elected Touhey. He hoped that the new
Mayor would permit comments on Agenda items
as they are considered by Council, rather
than either at the beginning or end of the
meeting.
Mayor McFadden felt that staff was doing a
fine job; however, there is always room for
improvement. He stated that he is planning
on opening office hours at City Hall to
increase his availability to the citizenry.
No further comments offered.
Motion by Manners, seconded by Wong, and
unanimously carried to adjourn the meeting
at 9:16 pm to Wednesday, April 20 at 5:00
pm in the City Manager's Conference Room.