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05-02-1995 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY.COUNCIL May 2, 1995 The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Mayor Herfert and the Pledge of Allegiance was led by West Covina Cub Scout Pack #425. ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Council - members Manners, McFadden, Wong Others Present: Starbird, Wylie, Orr, Glover, Salazar, Collier, Distelrath, Greene, Samaniego, Dixon, Keating, Patton, Yoshizaki, Bommarito, McIsaac, Jarrin, Miller, Palkhiwala, Berry APPROVAL OF MINUTES Motion by Manners and seconded by Herfert to approve the minutes of the special meeting of April 10, 1995. Motion carried 4-0-1 with Wong abstaining (absent from 4/10 meeting). Motion by Touhey and seconded by Manners to approve the minutes of the special meeting of April 12, 1995. Motion carried 5-0. Motion by Herfert and seconded by Touhey to approve the minutes of the regular meeting of April 18, 1995. Motion carried 4-0-1 with Manners abstaining (absent from 4/18 meeting). PROCLAMATIONS Mayor Herfert proclaimed 5/13 as FIRE SERVICE RECOGNITION DAY and presented the proclamation to Fire Chief Green and Engine 71 crew. Mayor Herfert proclaimed 5/7 - 5/1 as CHILD PASSENGER SAFETY WEEK and presented the procla- mation to Police Chief Distelrath. Mayor Herfert proclaimed 5/14 - 5/20 as BLUE RIBBON WEEK and presented the proclamation to Police Chief Distelrath. Mayor Herfert proclaimed the month of May as WEST COVINA BEAUTIFUL MONTH and presented the proclamation to Geneva Nixon of West Covina Beautiful. Mayor Herfert proclaimed the month of May as DEAF AWARENESS MONTH and presented the procla- mation to Susan and Carissa Homme. Mayor Pro Tem Touhey reported on the Arbor Day Celebration at Workman School, noting that the Is Post Office donated a tree for the ceremony. He presented Mayor Herfert with a "Kids Care" plaque celebrating April 26th as Arbor Day. PRESENTATION Immediate past Mayor McFadden presented the Lease of the Taylor House to the Historical Society. It was received by Chairman Dick Lewis and other members of the society. Minutes of May 2, 1995 2 Because of the children in the audience, Mayor Herfert requested Council concurrence in hearing the second scheduled hearing first. Council - member Wong stated that this particular hearing would take some time and perhaps those in the audience wishing to speak on the first hearing matter would rather not sit through the lengthy hearing. Motion carried 4-1 with Wong voting no. HEARING PALMVIEW PARK FIELD LIGHTING PROJECT PALMVIEW PARK MASTER PLAN AMENDMENT NO. 1 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Palmview Park Lights City Clerk Berry verified the affidavit of pub- lication and mailing. Mayor Herfert opened the hearing and the staff report was presented by Human Services Director Salazar and Planning Director Collier. Testimony Mayor Herfert opened the public testimony por- tion of the hearing and asked for comments. The following individuals addressed Council: Bruce Badoni Bruce Badoni, 316 N. Shadydale, President of Pacific Coast Little League (PCLL), spoke in favor of the lighting project and the benefits to be derived from the installation of the lights. Darrell Vincent Darrell Vincent, 1445 Pioneer Drive, spoke in favor of the project because children are top priority. Dan Gleber Dan Gleber, 1253 E. Casad Avenue, spoke in opposition to the project, stating that the current parking problems would only increase. Chuck Hatfield Chuck Hatfield, 1314 E. Eckerman, opposed the project, although he favored child -oriented activities. The night noise will interfere with the enjoyment of his backyard and home. Ron Johnson Ron Johnson, Treasurer of PCLL, spoke in favor of the project, noting that the League has nothing to do with the other activities that add to the parking situation and high level of use in the park. Casey Kisselburg Casey Kisselburg, Little Leaguer, spoke in favor of the project. John Lee John Lee, VP of PCLL, spoke in favor of the project. He felt the park will always generate noise and the parking problems can be allevi- ated. The night games will give the kids a chance to do their homework before coming to the field. Randy Smith Randy Smith, PCLL parent, spoke in favor and mentioned the high level of participation among the parents in the league. Wallace King Wallace King, 617 Lark Ellen, spoke in opposition to the project. Herb Boswell Herb Boswell, 550 Osborn Avenue, noted the ' difficult decision facing the Council. He spoke of the benefits to the players in the league. Judy Sugiyama Judy Sugiyama, 1938 E. Workman, commented on the need for more children activities. Bill Jensen Bill Jensen spoke favorably towards the lighting project. James McHugh James McHugh, 1053 E. Louisa Avenue, com- mended the little leagues and spoke in favor of the project. Minutes of May 2, 1995 3 Joyce Huskey Joyce Huskey, 1315 E. Carlton, spoke in favor of baseball for the youth, but spoke in opposition to the lighting project. Steve Millar Steve Millar, 2103 E. Idahome, spoke in support of the project. Janis Hartman Janis Hartman, 605 N. Lark Ellen, spoke in opposition to the installation of lights. She also felt Mayor Herfert should abstain due to his employment with SCE. Mayor Herfert stated that there was no conflict of interest. Mike Vera Mike Vera, 1435 E. Rowland, spoke favorably towards the project. Jeff Canorio Jeff Canorio, PCLL parent, noted the league is growing and more playing time is needed for the teams. Art Gonzalez Art Gonzalez, 1414 E. Eckerman, opposed the lighting project. Casey Steimman Casey Steimman, PCLL player, stated that without the lights games will continue to be terminated early. Jerry Cooper Jerry Cooper, 1417 E. Eckerman, spoke in support of recreational events, but the lights would impact his homeowners rights in the evening. Ben Humphrey Ben Humphrey, PCLL parent, favored the pro- ject as it supports the youth of the community. . Dave Ritty Dave Ritty, a T-Ball coach, spoke in favor of the lighting project, Sylvia Gleber Sylvia Gleber; 1253 E. Casad, opposed the noise that evening play would create. Darrell Myrick Darrell Myrick, 1113 Grovecenter, stated there is more impact to a neighborhood without lights than with lights. Marvin Boatright Marvin Boatright, 1411 E. Eckerman, pre- sented a history of the activities at the park and opposed the proposed lighting project. Elias Torres Elias Torres, 611 N. Lark Ellen, spoke in opposition to the lighting project. Mary Marin Mary Marin, 1427 E. Eckerman, stated that she would rather drive her son farther to a baseball field than inconvenience her neighbors. Testimony closed There being no others wishing to address Council, Mayor Herfert closed the public testi- mony portion of the hearing. Council Discussion Responding to Council questions, staff stated that the parking situation has already been referred to the Traffic Committee for study. Planning Director Collier also clarified the park hours, the current and proposed hours of play on the field, and that the dog shows were not part of the lighting project review process. Councilmember McFadden suggested parking re- strictions throughout the adjacent neighborhoods and that night play be limited to three or four. nights/week, rather than the requested five nights of play. Councilmember Wong suggested that the Council give time to the leagues and the neighbors to meet and work out their concerns, and then revisit the lighting project in a year. He also noted that play time was available on Sundays, although leagues don't favor Sunday play. He suggested that direction be given to the Com- mission to review the activities in the park. • • Minutes of May 2, 1995 4 Mayor Pro Tem Touhey suggested simplifying the parking permit process and issuing the permits to the residents for free. He noted the lights would take a year before installation would be complete and that would give time for the resi- dents and the league to work on mutual concerns. He did not support Sunday play - to give the residents a rest. He felt the lighting project was an asset to the park and would vote in favor. Councilmember Manners stated that the decision was difficult and a matter of balancing rights. She was concerned that the limited night play as suggested by Councilmember McFadden wouldn't last. Palmview Park is overused now. The ques- tion of the lighting project is not so much need as it is want. She felt the lights would unnecessarily impact the neighborhood and would vote against the project. Mayor Herfert stated that the park problems are not lighting problems and those issues should be addressed regardless. Little league supports family values. Motion by Herfert and seconded by Touhey to support the project, limiting the lights to Wednesday. through Saturday from 5:00 pm to 9:00 pm. Mayor Pro Tem Touhey amended the motion to include a parking survey as suggested earlier by Planning Director Collier. The amendment was seconded by.Herfert. Councilmember Wong stated, he could not support the motion. Further, to avoid the accusation that he is against kids - the kind of comment he received after the Cameron Park lighting project vote - he would abstain. City Manager Starbird recommended that staff bring back resolutions for Council's considera- tion at the next meeting, once the conditions have been included. Council concurred with the following vote: 3-1-1 with Manners voting no and Wong abstaining. Recess Mayor Herfert called a recess at 10:20 pm. Council reconvened at 10:32 pm with all members present. HEARING CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT HUD Five -Year Plan City Clerk Berry verified the affidavit of pub- lication. Mayor Herfert opened the hearing. Mayor Pro Tem Touhey stated that he would abstain from the discussion and vote regarding the Community Food Bank as he is one of the Board Members. Councilmember Manners stated that she has been asked to also serve as a Board Member and will abstain from the same issue. Human Services Director Salazar presented the staff report. Minutes of May 2, 1995 5 Testimony Mayor Herfert opened the public testimony por- tion of the hearing and asked for comments. The following addressed Council: Terry Howell Terry Howell of the Center for Independent Living requested Council's consideration in pro- viding HUD funds as in the past. Two recipients of the Center also spoke. They expressed appre- ciation for the services provided by the Center which were made in part through the funding pro- vided by the City. Janet Peters Janet Peters of Child Advocate Training, requested Council's consideration (a program presented to the Council for the first time). Father Ray Smith Father Ray Smith of St. Martha's Adult Care requested construction funding for the enlarge- ment of the center. A discussion commenced regarding the one-year lease the adult care center has with the West Covina Unified School District and any potential risks to the City in providing the requested $50,000. Tom McGuiness Tom McGuiness of Citrus Valley Health Part- ners explained the partnership involving the school district, Queen of the Valley Hospital, St. Martha's Adult Care Center, and the City. He responded to further questions about the com- mitment level of each of the partners and the need in the community to provide adult care. Tami Klenck Tami Klenck, 609 S. Magnolia, suggested the adult care center move to the Cortez School site. Jenny Jacobson -Hughes Jenny Jacobson -Hughes of the San Gabriel Valley Chapter of the American Red Cross addressed the Meals -on -Wheels program, serving hot meals to house -bound elderly citizens. Betty Stinston Betty Stinston of the Share Program dis- cussed her program and requested Council's con- sideration. Katherine Castucci Katherine Castucci, 430 S. Pima Avenue, a volunteer for the Red Cross, spoke favorably of the Meals -on -Wheels Program. Royal Brown Royal Brown, 2153 Aroma Drive, suggested moving the adult care center and/or they be given a five-year lease from WCUSD. Testimony closed There being no others wishing to address Council, Mayor Herfert closed the testimony portion of the hearing., Council Discussion Motion by Wong and seconded by McFadden to approve the staff recommendations, removing the Community Food Bank for separate vote. A substitute motion by Touhey and seconded by Herfert to approve the staff recommendations, removing the Community Food Bank, St. Martha's Adult Care, and Future America Program for separate vote. Discussion ensued regarding the $50,000 request • for St. Martha's Adult Care. Councilmember Manners stated that the Council has approved several lighting projects for little leagues and now the Council is squabbling over funding to assist seniors. Mayor Pro Tem Touhey would not support the request because of the short term lease. He would prefer to see a long-term lease, perhaps at Queen of the Valley Hospital. Councilmember McFadden supported the request, noting that • Minutes of May 2, 1995 6 Queen of the Valley Hospital supports the center in time and dollars, and the City's obligation is to support it as well. Mayor Herfert stated that he would not approve the request because of the center's current organizational structure. Council Actions Council discussed proper voting procedures for the items in question and concluded that the previous motions would be disregarded. The following actions were taken by Council: Motion by Wong and seconded by Manners to approve funding the $50,000 for St. Martha's Adult Care Center. Motion carried 3-2 with Touhey and Herfert voting no. Motion by Wong and seconded by. Manners to approve the remaining requests as recommended by staff, except the Community Food Bank and Future America. Motion carried 5-0. Motion by Wong and seconded by Manners to approve the requested $6,000 for the Future America Program. Motion carried 4-0-1 with Touhey abstaining (conflict of interest). Motion by Wong and seconded by McFadden to approve the requested $6,000 for the Community Food Bank. Motion carried 3-0-2 with Manners and Touhey abstaining (conflicts of interest). City Clerk presented: Resolution 9213 RESOLUTION NO. 9213 - A RESOLUTION OF THE Consolidated Plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING ITS INTENTION TO APPLY FOR FUNDS PURSUANT TO THE 1974 FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT AS AMENDED AND CERTI- FYING THE ENVIRONMENTAL RECORD THEREOF Motion by Wong and seconded by Touhey to waive further reading of the resolution and to adopt, noting the votes for the specific issues discussed above. Motion carried 5-0. HEARING MOBILE BUSINESSES ORDINANCE (AMENDMENT NO. 263) Amendment No. 263 City Clerk Berry verified the affidavit of pub- lication. Mayor Herfert opened the hearing and the staff report was presented by Planning Director Collier. Testimony Mayor Herfert opened the testimony portion of the hearing and asked for public comment. The following persons addressed Council: Jenny Woodnancy Jenny Woodnancy, owner of Jenny's Mobile Pet Grooming, spoke in favor of the amendment. Debbie Morehead Debbie Morehead, 1229 E. Mobeck, also spoke. in favor of the amendment. Testimony closed There being no others wishing to address Council, Mayor Herfert closed the public testi- mony portion of the hearing. Council Discussion Councilmember Wong suggested deleting the reference to "general" solicitation from Section 26-685.54(b). No objections raised by the re- maining Councilmembers to the deletion. UJ Minutes of May 2, 1995 Ordinance introduced City Clerk presented: AN ORDINANCE OF THE CITY OF WEST COVINA, CERTAIN SECTIONS OF THE CODE RELATING TO MOBILE No. 263), as amended 7 CITY COUNCIL OF THE CALIFORNIA, AMENDING WEST COVINA MUNICIPAL BUSINESSES (Amendment Motion by Manners and seconded by Touhey to waive further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None AGENDA AND ORAL COMMUNICATIONS Keith Anderson Keith Anderson, President of Bobbi-Sox League, addressed his letter (C-1), requesting Council to reagendize the lighting project at Cameron Park, noting the same concerns expressed at that hearing were the same as those expressed during this evening's Palmview Park hearing and the Palmview Park project was approved. Tami Klenck Tami Klenck, 609 S. Magnolia, suggested that rehearing a resolved matter was a dangerous precedent (in reference to the Cameron Park lighting project). She claimed the residents on Mobeck have been harassed by the Bobbi-Sox players. She also commented on Mayor Herfert's employment with Southern California Edison and the appearance of a conflict of interest. City Attorney responded to the comment, stating that there is no conflict of interest, as the pro- jects would have to raise $250,000 in revenues for SCE to require abstention by the Mayor. Debbie Morehead Debbie Morehead, 1229 E. Mobeck, clarified the kinds of comments she received from some of the Bobbi-Sox players. Robert Klenck Robert Klenck, 609 S. Magnolia, echoed his wife's comments. Don Smith Don- Smith related a reconsideration of a com- mercial development made by a prior Council. He noted that lighting little league fields in not common. Charles Cook Charles Cook, 404 S. Citrus, said if Council reconsiders the Cameron Park lighting issue, then he would like Council to reconsider the Cortez Park lighting issue. Keith Anderson Keith Anderson, President of Bobbi-Sox League, stated that he couldn't believe that any of his players would harass the neighbors. He would like to hear about any other incidents so that he can address them. Frank Schabarum Frank Schabarum, 225 N. Orange, addressed Item C-7b (YMCA Agreement Renewal) in support of the staff recommendation. Ed Kopszywa Ed Kopszywa, General Director of the YMCA, also spoke favorably of the programs offered by YMCA at the Shadow Oak Park facility and requested Minutes of May 2, 1995 Council's support of the agreement renewal. e Dorothy Jennings Dorothy Jennings, 1312 E. Larkwood, spoke . against a reconsideration of the Cameron Park lighting project and urged Council to continue investigating the alternate site on the high school field. Lollie Bergman Lollie Bergman, 426 S. Leaf, commented on the second hearing, suggesting that Council take a look at the per capita contributions to all the agencies receiving CDBG funds. Anthony Robles Anthony Robles of the Bobbie -Sox League stated that he did not appreciate the off -handed remarks made by members in the audience about the league players. CONSENT CALENDAR written Communications (receive & file) Letters have been received from Keith Anderson, President of the West Covina Bobbi=Sox, and James J. Moak requesting reconsideration of the City Council's decision to investigate alterna- tives to a ballfield lighting project at Cameron. Park. Commission Summary of Action (receive & file) Human Services 4/11/95 Planning 4/25/95 Senior Citizens' 4/13/95 Waste Mgmt./Environmental Services 4/20/95 Approval of Final Maps (adopt resolutions) Lot Line Adjustment No. 116 Location: 1200 San Bernardino Road Resolution 9214 - RESOLUTION NO. 9214 - A RESOLUTION OF THE Faith Community Church CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 116 AND DIRECTING THE RECORDATION THEREOF (Faith Community Church) Lot Line Adjustment No. 117 Location: 3330 E. Holt Avenue Resolution 9215 - RESOLUTION NO. 9215 - A RESOLUTION OF THE Mr & Mrs Warshaw CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 117 AND DIRECTING THE RECORDATION THEREOF (Margaret Mahony-Warshaw and Corey S. Warshaw) Temporary Use Permits (receive & file) TUP #2240-95 was issued to Sports Legends, 381 N. Azusa Avenue for a parking lot promo event on 4/4/95. TUP #2241-95 was issued to Intl Adv. Promo (Legends), 381 N. Azusa Avenue, for a live band, with promo events for 4/4/95. TUP #2242-95 was issued to Faith Community Minutes of May 2, 1995 9 Church, 1200 San Bernardino Road, for a church banquet on 4/7 and 4/8. TUP #2243-95 was 1840 E. Garvey 4/22/95. TUP #2244-95 was 821 S. Glendora, 3/31 through 4/2. issued to West Covina Nissan, Avenue, for a DARE promo on issued to West Covina Toyota, for a balloon and tent sale on Traffic Committee Minutes (accept & file) Minutes of the regular meeting held 4/18/95. Award of Bid TS 95112 - Traffic Signal Modification at Amar TS 95112 - Recommendation is to accept the bid of Signal Signal Maint. Inc. Maintenance Inc. (Peek Traffic) of Anaheim in the amount of $31,500 as submitted at the bid opening and authorize the Mayor and City Clerk to execute the contract. Miscellaneous - Engineering SP 95101 - Street Rehabilitation Work - Approval of Plans and Specifications SP 95101 - Recommendation is to approve plans and specifi- Plans & Specs. cations for SP 95101 and authorize the City Engineer to call for bids. Miscellaneous - Human Services YMCA Agreement Renewal YMCA Agreement Recommendation is to approve Amendment No. 3 to the YMCA Facility Use Agreement for services at the Shadow Oak Community Center. CONSENT CALENDAR ACTION Motion by Manners and seconded by McFadden to approve all items on the Consent Calendar, except Item C-1. Motion carried by roll call vote: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None Item C-1 In reference to the letters received regarding lighting project at Cameron Park, Councilmember McFadden suggested holding the matter over until the second meeting in June to allow him time to meet with the neighbors and Bobbi-Sox League. Councilmember Manners supported Councilmem- ber McFadden's suggestion. Council could recon- sider the matter if another approach is found and is acceptable to both sides. Councilmember Wong agreed with the idea, but wasn't sure it would work. The League hasn't shown much in the way of open-mindedness. He related negative comments directed towards him after his vote to deny the lighting project. After further discussion, motion by McFadden and seconded by Herfert to hold the matter over, to no date certain. Motion carried 5-0. PUBLIC WORKS No items scheduled for this meeting. Minutes of May 2, 1995 in WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) . CITY OF WEST COVINA LOCAL ENFORCEMENT AGENCY'S STATUS REPORT TO THE CIWMB ON BRR'S SOLID WASTE FACILITY PERMIT UPDATE WORKPLAN CIWMB Update Council reviewed the staff report which indicated that the California Integrated Waste Management Board took action to take the Lead Agency's role from the LEA in the CEQA review of the SWFP revision. Motion by Manners and seconded by Wong to receive and file the staff report. Motion carried 5-0. ENVIRONMENTAL SERVICES No items scheduled for this meeting. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 12:55 am (5/3) to convene the Redevelopment Agency. The City Council reconvened at 12:56 am. HUMAN SERVICES No items scheduled for this meeting. PUBLIC SAFETY No items scheduled for this meeting. ADMINISTRATIVE SERVICES No items scheduled for this meeting. GENERAL ADMINISTRATION No items scheduled for this meeting. APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve Demands totaling $1,150,874.49 as listed on check registers FI 154875 through 155232. Motion carried by roll call vote: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None ABSTAIN: Herfert re SCE Touhey re Community Food Bank, and ESG R.O.P. Manners re Community Food Bank ORAL COMMUNICATIONS Keith Anderson, President of Bobbi-Sox League, apologized for speaking out of turn earlier in the meeting. MAYOR'S REPORTS ANNUAL APPOINTMENT BY THE MAYOR OF COUNCIL REPRESENTATIVES TO OUTSIDE BOARDS AND COMMITTEES Mayor Herfert reviewed the appointments to gain Council concurrence. In addition, the San Gab- riel Valley Council of Governments requires a resolution appointing a representatives and an alternate. City Clerk presented: Resolution 9216 - RESOLUTION NO. 9216 - A RESOLUTION OF THE SGV COG reps. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- f 07' Minutes of May 2, 1995 11 FORNIA, NAMING TOUHEY AS THE GOVERNING BOARD REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND MCFADDEN.AS THE ALTERNATE Motion by Herfert and seconded by Manners to waive further reading of the resolution and adopt. Motion carried 5-0. APPOINTMENT OF RELOCATION APPEALS BOARD MEMBERS Council reviewed the staff report. City Clerk presented: Resolution 9217 - RESOLUTION NO. 9217 - A RESOLUTION OF THE Relocation Appeals Board CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING THE MAYOR'S APPOINTMENT OF NEW MEMBERS TO THE WEST COVINA RELOCATION APPEALS BOARD Motion by Herfert and seconded by Touhey to waive further reading of the resolution and adopt. Motion carried 5-0. COUNCILMEMBERS' REPORTS SISTER CITY PROJECT Council reviewed the staff report. Motion by Wong and seconded by Touhey to hold the matter over until information has been received from, the Sister City International Organization. Motion carried 5-0. ADJOURNMENT Motion by Manners and seconded by McFadden to adjourn the meeting at 1:05 am (5/3) to a special meeting in the City Manager's Conference Room (previously scheduled for 5:30 pm on 5/2). Motion carried 5-0. ATTEST: City Clas•k Janet 8e y