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05-17-1994 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL May 17, 1994 The regular meeting of the City Council of the City of West Covina was called to order by Mayor McFadden at 7:40 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Rev. Doug Wilson of Bethany Baptist Church and the Pledge of Allegiance was led by Councilmember Manners. ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Councilmembers Manners, Touhey, Wong Others Present: Starbird, Wylie, Collier, Holler, Thomas, Hanna, Clark, Johnson, Distelrath, Salazar, Evans, Goetz, Ure, Bommarito, Samaniego, Cleary, Keating, Greene, Koniarsky, Leonard, Glover, Dunlap, Berry APPROVAL OF MINIITES Councilmember Manners offered a minor correction to the Minutes of April 30 and May 2, and language change to the Minutes of May 3. Motion by Manners, seconded by Wong, and unanimously carried to approve the following Minutes incorporating the changes: Special meetings of April 30 and May.2, 1994 Special meeting of May 3, 1994 Regular meeting of May,3, 1994 Mayor McFadden welcomed the students from West Covina High School's Government Class. PROCLAMATIONS Mayor McFadden proclaimed May.15 - 22, 1994, as NATIONAL TRANSPORTATION WEEK. Mayor McFadden proclaimed May 15 -21 as EMERGENCY MEDICAL SERVICES WEEK. He noted that the procla- mation had been presented earlier in the day by Councilmember Manners at a Queen of the Valley Hospital function. Councilmember Manners announced that West Covina Fire Department Paramedic Bob Culhane received the Paramedic of the Year award by Queen of the Valley. She suggested that Council present Paramedic Culhane with a resolution of commendation at the next Council meeting. HEARING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE PRECISE PLAN NO. 794, REVISION 4, UNCLASSIFIED USE PERMIT NO. 457, VARIANCE NO. 993, AND TO CERTIFY THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (Zelman Retail Partners) Councilmember Wong stated that due to conflict of interest laws, he would abstain from discussing and voting on this issue. • Staff presentation City Clerk Berry stated that proper legal notice had been given regarding the appeal hearing. Mayor McFadden stated that the hearing was continued from April 19 to this evening. The staff report was presented by Planning Director Collier. Mr. Collier responded to the appeal points and presented slides and display boards of the proposed project. Public -Testimony Mayor McFadden opened the public testimony portion of the hearing and asked for comments favoring the City Council Minutes 5/17/94 project. The following persons addressed Council: In Favor Ben Reiling of Zelman Retail Partners Lollie Bergman, 426 S. Leaf Avenue Iris Delameter, 1212 W. Eckerman Street Royal Brown, 2153 Aroma Drive • In Opposition Mayor McFadden asked for comments in opposition and the following person addressed Council: Lucas Purcell, 903 W. Herald Street In Rebuttal Mayor McFadden asked for rebuttal statements and no comment were offered. He then closed the public Testimony Closed testimony portion of the hearing. Council Comments Councilmember Manners stated she was in favor of the project and appreciated the comments made by the citizens. Councilmember Touhey expressed concern about the impact of one of the proposed majors on two existing stores in the City. However, he favored moving forward with the project. Mayor Pro Tem Herfert spoke favorably of Linens & Things (one of the proposed majors) and the addition of the cappuccino bar. Both will add to the City. City Clerk Berry presented: Resolution 9090 - RESOLUTION NO. 9090 -'A RESOLUTION OF THE'CITY certifying the COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Neg. Dec. AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO CERTIFY THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE PLAN NO. 794, REVISION 4, AND CONDITIONAL USE PERMIT NO. 457, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Resolution 9091 - RESOLUTION NO. 9091 - A RESOLUTION OF THE CITY PP #794, Rev. 4 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE PRECISE PLAN NO. 794, REVISION 4 (Zelman Retail Partners) Resolution 9092 - RESOLUTION NO. 9092 - A RESOLUTION OF THE CITY CUP #457 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 457 (Zelman Retail Partners) Resolution 9093 - RESOLUTION NO. 9093 - A RESOLUTION OF THE CITY Variance #993 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE VARIANCE NO. 993 (Zelman Retail Partners) Motion by Manners, seconded by Herfert to waive further reading of the resolutions and adopt. Motion carried with Wong abstaining. Mayor McFadden called to order the Redevelopment • Agency at 9:05 pm to conduct the following joint public hearing with the City Council. HEARING CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE WEST COVINA REDEVELOPMENT AGENCY AND ZELMAN DEVELOPMENT COMPANY 2 City Council Minutes 5/17/94 Mayor McFadden stated that the joint public hearing had been opened April 5, 1994 and continued until this evening. The City Manager stated that the record contained the following documents: 1) Disposition and Development Agreement • between the West Covina Redevelopment Agency and Zelman Development Co.; and 2) Summary Report as required by Section 33433 of the Redevelopment Law. The staff report was presented by Project Manager Johnson. Public_Testimony Mayor McFadden opened the public testimony portion of the hearing. City Clerk Berry stated that no written communications had been received in favor of the project. The Mayor then asked for verbal comments in support and the following addressed Council: In Favor: Ben Reiling, the developer Lollie Bergman, 426 S. Leaf Avenue In Opposition: City Clerk Berry stated that two letter had been received in opposition: 1) Letter received March 22, 1994 from Andrew C. Schutz of Jackson, DeMarco & Penkenpaugh (law firm representing West Covina Lakes Associates). 2) Letter received April 25, 1994 from David Blitz, the Regional Vice President and Manager of Imperial Bank. Both letters opposed approval "of the Zelman project by the Agency and the City as being extremely unfair and harmful to Watt's interests and the interests of its lender. Mayor McFadden asked for verbal opposition and no one addressed Council. Testimony Closed Mayor McFadden closed the public testimony portion of the hearing and Assistant Executive Director of the Redevelopment Agency, Steve Wylie, responded to questions regarding the purchase price of the property and buy down costs. Council Comments Councilmember Touhey felt the Redevelopment Agency would have to address the $652,000 shortfall sometime in the future. Mayor Pro Tem Herfert stated that the project is part of the City's Long Range Financial Plan and fits in well at the proposed location. Mayor McFadden stated that the proposed revenue is $400,000 annually and felt the project was good for the City. Council Action City Clerk Berry presented: Resolution 9094 - RESOLUTION NO. 9094 - A RESOLUTION OF THE CITY consenting to COUNCIL OF THE CITY OF WEST CONSENTING TO THE APPROVAL DDA approval BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND ZELMAN DEVELOPMENT CO. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Herfert, seconded by Manners to waive further reading of the resolution and adopt. Motion carried with Wong abstaining. • RDA Action Secretary Berry presented: Resolution 463 - RESOLUTION NO. 463 - A RESOLUTION OF THE REDE- approving DDA VELOPMENT AGENCY OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOP- MENT AGENCY AND ZELMAN DEVELOPMENT CO. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 3 City Council Minutes 5/17/94 Motion by Herfert, seconded by Touhey to waive further reading of the resolution and adopt. Motion carried with Wong abstaining (4-0-0-1). RDA Recessed Mayor McFadden recessed the Redevelopment Agency at 9:40 pm to continue the City Council Agenda. Mayor McFadden commenced a short recess. The City Council reconvened at 9:50 pm with all members present. AGENDA AND ORAL COMMUNICATIONS Mike Jones Mike Jones, 1428 Sandia Avenue, addressed Item C-5a (Landscape maintenance contract re citywide parks). He noted that complaints had been made regarding some of the parks and hoped that they had been received by the Maintenance Director. Maintenance Director Glover acknowledged that the complaints had in fact been received and are being addressed. Herman Weskamp Herman Weskamp, General Manager of Valencia Heights Water Company, addressed C-6c (NPDES regulations re water runoff). He felt if the City complied, it would be adopting police state tactics. Nancy Adin Nancy Adin, 2633 Maureen Street, addressed Item N-2 (Commissioner Selection Process). She favored review of all commissioners and related her own personal experience when she had been a commissioner on the Transition Waste Management Commission. Suzanne Dunn Suzanne Dunn, 504 S. Lark Ellen, addressed Item N-2. She felt that terminating commissioners for reasons other than not performing their duties well would reflect poorly of Council. David Duncan David Duncan, Acting Chairman of the Senior Citizens Commission, .addressed H-1 (Bingo Games at the Sr. Citizens Center). He encouraged Council's support. Katherine Castucci Katherine Castucci, 430 S. Pima Ave., opposed the concept of reviewing all commissioners (N-2) in that community volunteers will not apply once the positions become political appointments. She suggested annual evaluations of the Commissioners to aid in determining poor performance. Jean Arneson Jean Arneson, 1116 Donna Beth, supported the review of all commissioners (N-2) and named individual commissioners she felt should be removed. She suggested Council request resignations. Roberta Azpeitia Roberta Azpeitia, 1745 Woodgate Drive, favored the idea of interviewing all commissioners (N-2). Mark Kay Mark Kay, Waste Management/Environmental Quality Commissioner addressed N-2. He stated there is real value in maintaining continuity on the commissions. • With staggered terms, new appointees learn from the seasoned members of the Commission. Frank Barbagallo Frank Barbagallo, 1023 Hooper Drive, favored review of all commissioners (N-2) and didn't believe it would cause an upheaval. Richard Lewis Richard Lewis, 1112 W. Cameron, expressed concern 4 City Council Minutes 5/17/94 that commission appointments will become a political issue (N-2). As both a former Councilmember and Commissioner, he has been on both sides of the issue. He noted the dedication,. work, and volunteerism by exhibited by commissioners. He suggested that Council may want to reinstate the Council liaison 0 positions to each of the commissions as a way to learn more about the commissioners themselves. Louis Slattery Louis Slattery, 1507 Idahome Street, requested support for bingo games at the Senior Citizens Center (H-1) as one method for helping with the center's finances. Mary Newlin Mary Newlin, 1125 S. Van Horn Avenue, addressed H-1, requesting Council support. She also spoke favorably of "smokeless bingo." Thelma Schaefer Thelma Schaefer, 904 E. Alwood Street, as a member of the Senior Citizens Association, spoke favorably of the proposed bingo games (H-1). Mary Duncan Mary Duncan, 1708 E. Charlinda, also spoke favorably of the proposed bingo games (H-1). Paul Hammerstrom Paul Hammerstrom, 1519 E. Newcrest Drive, (N-2), suggested that commissioners should be sponsored by Councilmembers. He also felt that commissioners should resign from their post if they want to run for a Council seat. Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, agreed with earlier comments made in support of reviewing all commissioners (N-2) . She commended Mayor McFadden for his open door policy. Lollie Bergman Lollie Bergman, 426 S. Leaf Avenue, commented on F-1 (Landscape equipment) and H-1 (bingo games). From her experience with the West Covina High School bingo games, she said that bingo can be successfully financially run by volunteers. In relation to N=2, she stated that the Council is a non -partisan body and what is being proposed by Mayor McFadden is a "spoils system." Robert Parry Robert Parry, 1149 E. Merced Avenue, encouraged Council to be more specific with the process for reviewing commissioners. Eugene Moore Eugene Moore, 2025 Delores Street, thanked Council and staff for having the tree on his front yard removed. E.T. Snell E.T. Snell, Irwindale resident, complained that WCCT would not permit his show "Clown On The Town" from airing on Channel 56. Staff Response City Engineer Thomas responded to Mr. Weskamp's comments regarding regulations being imposed by the National Pollution Discharge Elimination System Program. CONSENT CALENDAR Written Communications (none received) Commission Summary of Actions (receive & file) 5 City Council Minutes 5/17/94 Planning Commission 5/10/94 Claims for Action (deny & notify claimant) On April 7, 1994, the City Clerk's Office received from K. Yamamoto & Company c/o Minimax properties, Inc., a claim for indemnification regarding a law suit filed against them by Satellite Management Company, Inc. L On March 27, 1994, the City Clerk's Office received from Dan Lanigan a claim for personal injuries amounting to $1,000,000.00. City Treasurer's Report (receive & file) Report for the month of March, 1994. Award of Bids a) Landscape Maintenance Contract - CP 94-7 - Citywide Park Properties CP 94-7 - Recommendation is to accept the bid of Azteca Azteca Landscape Landscape, Pomona, for a five-year contract in the amount of $527,622.60 ($105,524.2 annually) and authorize the Mayor and City Clerk to execute the contract. Areas to be maintained: Woodgate, Shadow Oak, Gingrich, Friendship, and north of Valley Blvd. at Morganfield Avenue. b) GP 94304 - New Floor Coverings - Senior Citizens Center at Cortez Park GP 94304 - Recommendation is to accept the bid of Westland Westland Floor Floor Covering, Covina, in the amount of $14,900 and authorize the Mayor and City Clerk to execute the contract. MISCELLANEOUS - ENGINEERING DEPARTMENT a) Property Tax Sharing Request - County Sanitation District No. 22 (adopt reso) Resolution 9095 - RESOLUTION NO. 9095 - A RESOLUTION OF THE South Hills Country CITY COUNCIL OF THE CITY OF WEST COVINA, Club (back nine) CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 326 • b) TP 93105 - Installation of Bus Shelters - Transfer of Funds Recommendation is to take the following actions: TP 93105 - * Transfer $3,500 from Bus Shelter Main- G.M. Signs, Inc. tenance account to TP 93105; and * Accept the bid of G.M. Signs, Inc. 2 City Council Minutes 5/17/94 to install nine bus shelters and authorize the City Engineer to execute a Change Order with said G.M. Signs, Inc. of Burbank. c) National Pollution Discharge Elimination System (NPDES) - Legal Authority for Regulation of Storm Water Runoff (introduce ordinance) Ordinance introduced A STORMWATER/URBAN RUNOFF POLLUTION CONTROL re NPDES ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 9 OF THE WEST COVINA MUNICIPAL CODE BY ADDING PROVISIONS PERTAINING TO REGULATION OF STORM DRAINS DISCHARGES AND URBAN RUNOFF MISCELLANEOUS - REDEVELOPMENT AGENCY a) Auto Plaza Business Improvement District (adopt resolution) Resolution 9096 - RESOLUTION NO. 9096 - A RESOLUTION OF THE Auto Plaza Bus. CITY COUNCIL OF THE CITY OF WEST COVINA, Improvement Dist. CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 1994/95, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 7, 1994 CONSENT CALENDAR MOTION Motion by Herfert, seconded by Manners to waive reading of the resolutions and ordinances and to adopt/introduce, as applicable, and to approve all other items except: C-5a (CP 94-7) and C-6c (NPDES). Motion carried by roll call vote: AYES: Herfert, Manners, Touhey, Wong,,McFadden NOES: None Maintenance Director Glover addressed Item C-5a and City Engineer Thomas addressed Item C-6c. Motion by Herfert, seconded by Manners, and unanimously carried to approve these two items. PUBLIC WORKS No items scheduled for this meeting. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. ENVIRONMENTAL SERVICES ORDINANCE TO AMEND THE OPERATING HOURS OF CERTAIN LANDSCAPE MAINTENANCE EQUIPMENT Council reviewed the staff report. Ordinance introduced - City Clerk presented: landscape equipt. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE IV, NOISE REGULATIONS, DIVISION 2, SPECIFIC NOISE SOURCES, SECTION 15-97, RESTRICTIONS ON THE OPERATION OF TWO- AND FOUR- STROKE ENGINES Motion by Herfert, seconded by Manners, and unanimously carried to waive further reading of the ordinance and introduce. REDEVELOPMENT AGENCY Mayor McFadden recessed the City Council meeting at 11:08 pm to convene the Redevelopment Agency. The City Council reconvened at 11:10 pm with all 7 is E City Council Minutes 5/17/94 HUMAN SERVICES members present. BINGO GAMES AT THE W.C. SENIOR CITIZENS CENTER Council reviewed the staff report. Bingo at Senior Mayor Pro Tem Herfert supported the proposal Citizens Center and any funds raised going back into the Center. He suggested using girl scouts, cheer leaders, etc., if they run out of volunteers. Council - member Manners expressed some reservations about the proposal - start up costs, bonding require- ments, sixty-day evaluation time. Motion by Herfert, seconded by Touhey, and unanimously carried to authorize staff to prepare a request for proposals for services, supplies and equipment needed for the conducting of bingo at the West Covina Senior Citizens' Center by the West Covina Bingo Volunteer Club. PUBLIC SAFETY No reports scheduled for this meeting. ADMINISTRATIVE SERVICES PERSONNEL ACKNOWLEDGE LETTER - WEST COVINA PUBLIC SAFETY DISPATCHERS' ASSOCIATION RE MEET & CONFER STATUS Council reviewed the staff report. WC Dispatchers Motion by Manners, seconded by Herfert, and unanimously carried to: a). Acknowledge the letter from the Public Safety Dispatchers' Association declaring impasse; b) Call for any such additional oral and/or written information as the Association wishes to GENERAL ADMINISTRATION APPROVAL OF DEMANDS ORAL COMMUNICATIONS MAYOR'S REPORTS provide at this time; and c) Determine the meet and confer process concluded and direct staff to implement the City's last offer. 1� No reports scheduled for this meeting. Motion by Wong, seconded by Manners to approve Demands totaling $1,598,090.87 as listed on Check Registers FI 147631 through 147895. Motion carried by roll call vote: AYES: Herfert, Manners, Touhey, Wong, McFadden NOES: None ABSTAIN: Herfert re SCE billing No comments offered. 1) ANNUAL APPOINTMENTS TO BOARDS AND AGENCIES Mayor McFadden announced the appointments for the upcoming year. Motion by Council - member Wong to amend the appointments to allow him to remain as the representative to the San Gabriel Valley Commerce & Cities Consortium as he is a member of the executive committee and the City will lose • L City.Council Minutes 5/17/94 Assignment its influence for a period of time if he is removed from that post. Motion died for lack of a second. The appointments are: Representative Alternate Audit Committee Chamber of Commerce ESGV Planning Committee ESGV Consortium Foothill Transit Zone Independent Cities Association Independent Cities Risk Mngt. Assn. League of California Cities (LA Div.) LA Co. Mosquito Abatement District LA Co. City Selection Committee SGV Council of Governments SGV Commerce & Cities Consortium Sanitation District Board Upper SGV Water Association Herfert/Touhey McFadden Wong Touhey Herfert McFadden Herfert Wong Touhey Manners McFadden Touhey Hoppe Manners McFadden Manners Touhey McFadden Herfert Herfert McFadden Herfert Touhey McFadden Touhey McFadden Touhey 2) COMMISSIONER SELECTION PROCESS Mayor McFadden discussed the process he proposed for filling commission seats: * All commissioners would be subject to review by the Council, including those whose terms are not up in June. * Any Councilmember may interview any or all of the applicants and current commissioners. Mayor McFadden said he is not seeking resignations, but hopes to receive letters of interest from commissioners who would like to continue serving. Councilmember Manners received three letters, all opposed to the new concept proposed by the Mayor. The point made was that commission decisions would become "politically correct" rather than objective recommendations to Council. Councilmember Wong noted that there is freedom of speech on the commissions now, and if the commissioners are going to be constantly looking over their shoulders, there will be much wasted .time for everyone. He also commented about the article in the Tribune about the commission appointment process. Councilmember Touhey related a situation in which he was denied the opportunity to address the Waste Management/Environmental Quality Commission. He spoke of other issues as well, such as wearing campaign buttons, equal access time for candidates who are not commissioners, etc. Mayor Pro Tem Herfert noted that none of the commissioners have been replaced yet. And it still takes three votes of the Council to appoint or remove. More discussion followed. June loth was set as the cutoff date for applications. . E City Council Minutes 5/17/94 • REPORTS ATTEST: u City Clerk Janet Be y 0 Motion by Touhey, seconded by Herfert to approve the general concept of reviewing all commissioners. A review process must still be devised. Motion carried with Manners and Wong voting no (3-2). Mayor McFadden reiterated his office hours at the Senior Citizens Center and City Hall. Councilmember Manners requested a resolution of commendation for West Covina Fire Paramedic Bob Culhane. Councilmember Wong read with appreciation a letter he received from Don Carmen regarding a member of the public who had publicly criticized Wong and his family business. Councilmember Touhey asked staff to review fees charged to disadvantaged residents for certain services as described in the MSI report. Motion by Herfert, seconded by Manners, and unanimously carried to adjourn the meeting at 12:24 am to 5:30 pm on May 23, 1994 in the Management Resource Center. 10 McF