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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 3 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 4 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. 2 L 171 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. n 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.