03-19-1996 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING
WEST COVINA CITY COUNCIL
March 19, 1996
The regular meeting ofthe West Covina City Council was called to order by Mayor Herfert at 7:35 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor
Ernest Kennedy of Tri-City Southern Baptist Church and the Pledge of Allegiance was led by Mayor Herfert.
ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Councilmembers Manners,
McFadden, Wong
Others present: Starbird, Wylie, Munoz, Fredrics, Glover, Keating, Yoshizaki, Paul,
Alcaino, Dunlap, Miller, McIsaac, Koniarsky, Collier, Gannon,
Distelrath, Salazar, Anello, Fong, Irwin, Panas, Samaniego,
Patton, Berry
APPROVAL OF MINUTES Council concurred with Councilmember Wong's suggestion that the
RDA minutes of 3/5/96 be changed to reflect McFadden as "Acting"
Chairman. The RDA minutes would then be consistent with the City
Council minutes of the same evening which designated McFadden as
Acting Mayor,
Motion by Wong and seconded by Manners to approve the
minutes of the special meeting of March 5, 1996 and the regular
meeting of March 5, 1996. Motion carried by roll call vote:
AYES: Manners, McFadden, Wong
NOES: None
ABSTAIN: Touhey, Herfert (both absent 3/5/96)
PRESENTATION Councilmember Wong presented City Engineer Glover with a City
Tree USA flag commencing Arbor Day.
PROCLAMATIONS Mayor Herfert proclaimed March 23, 1996 as 100 Years of Excel-
lence in Education and stated that the proclamation would be pre-
sented to Dr. Jack Rankin, District Superintendent for the Covina
Valley Unified School District. The school district has scheduled a
100th birthday celebration for March 23 at Covina High School and the
presentation will be made there.
Mayor Herfert proclaimed the month of April as Earthquake Pre-
paredness Month and presented the proclamation to Diann Paul,
Administrative Analyst for the Office of Emergency Services.
Mayor Herfert called to order the Redevelopment Agency at 7:42 pm
for the purpose of conducting the following joint public hearing.
HEARING JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE REDEVELOPMENT AGENCY ON THE PROPOSED
AMENDED AND RESTATED DISPOSITION AND DEVELOP-
MENT AND OWNER PARTICIPATION AGREEMENT BY
AND AMONG THE REDEVELOPMENT AGENCY, THE
CITY AND HASSEN IMPORTS PARTNERSHIP AND WEST
COVINA MOTORS, INC.
City Clerk Berry stated that the affidavit of publication .was on file and
Council Minutes of 3119196
Hassen Imports - ARDDOPA that the record contained the following information:
a) Amended and Restated Disposition, Development and
Owner Participation Agreement between the West Covina Redevelop-
ment Agency, Hassen Imports Partnership and West Covina Motors,
Inc.; and
b) Summary Report as required by Section 33433 of the Rede-
velopment Law contained in the California Health and Safety Code.
• Mayor Herfert opened the hearing and stated the developer, Hassen
Imports Partnership and West Covina Motors, Inc., has requested that
the hearing be continued.
Hearing continued to 5/7/96 Motion by Manners and seconded by Touhey to continue the hearing
until May 7, 1996. Motion carried 5-0. '
Mayor Herfert recessed the Redevelopment Agency at 7:45 pm to
continue the City Council Agenda.
HEARING CODE AMENDMENT NO. 271-
GLENDORA AVENUE STREET REDESIGN
Code Amendment No. 271 - City Clerk Berry stated that the affidavit of publication was on file.
Glendora Avenue Councilmember Wong stated that he would abstain from the discussion
and vote on this matter, due to conflict of interest laws. His family
owns property located within the project area.
Mayor Herfert opened the hearing and the staff report was presented
by Planning Director Collier.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing and
asked for comments from the audience, either in favor of or in oppo-
None sition to the proposed code amendment. No one addressed the City
Council and Mayor Herfert closed the public testimony portion of the
Testimony closed hearing.
Council Comments Mayor Herfert noted that this is the second part of this project and
there will be more to come before Council as the project progresses.
City Clerk presented
Resolution 9301 -
RESOLUTION NO. 9301 - A RESOLUTION OF THE
certifying Neg. Dec.
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR AMENDMENT NO. 271
AMENDING CERTAIN SECTIONS OF THE WEST COVINA
MUNICIPAL CODE AND THE APPROVAL OF THE GLEN-
DORA AVENUE STREET REDESIGN PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED
Motion by Manners and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 4-0-1 with Wong
abstaining (conflict of interest).
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City Clerk presented:
Ordinance introduced -
AN ORDINANCE OF THE CITY COUNCIL OF THE
• Amendment No. 271
CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF THE WEST COVINA MUNICIPAL CODE RE-
LATING TO THE ESTABLISHMENT OF A NEW STREET
DESIGN CONCEPT AND THE REMOVAL OF A TRUCK
ROUTE DESIGNATION ON A PORTION OF GLENDORA
AVENUE - AMENDMENT NO. 271 (City of West Covina - Special
Street Design District)
Council Minutes of 3/19/96
Motion by Manners and seconded by Touhey to waive further
reading of the ordinance and introduce. Motion carried 4-0-1 with
Wong abstaining (conflict of interest).
City Clerk presented
Resolution 9302 - RESOLUTION NO. 9302 - A RESOLUTION OF THE
• approving project CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING THE GLENDORA AVENUE REDESIGN
PROJECT
Motion by Herfert and seconded by Touhey to waive further
reading of the resolution and to adopt. Motion carried 4-0-1 with
Wong abstaining (conflict of interest).
AGENDA AND ORAL COMMUNICATIONS
Shelley Sanderson Shelley Sanderson, 2743 Vanderhoof, commented on Item G-1 a
(Horse Regulations) opposing any amendments and urged Council to
maintain the current horse regulations (Option #5).
Brian Scrivens Brian Scrivens, 2540 Evergreen, addressed Item G-la favoring an
amendment that would establish a citywide administrative approval
process with public notification (Option 42).
Arlette Lyons Arlette Lyons, 2641 Vanderhoof, spoke as a real estate broker, noting
that people buy horse property because it is zoned for horses.
John Cox John Cox, 2727 Vanderhoof, spoke as a member of the Ridge Riders
Association and supported the current horse regulations with no
additional amendments.
Ron Burnett Ron Burnett, 2012 E. Workman Avenue, read a letter dated March 19
wherein he suggested that if the Council found horse ownership and
West Covina to be incompatible, the owners of horse properties in-
vestigate separation from the City and revert to the County regulations.
Bud Newbold Bud Newbold, 2707 Vanderhoof, spoke in favor of the current horse
regulations.
Mike Spence Mike Spence, 391 E. Michelle, commented on Item 0-1 (AB 638). He
urged Council to reject the staff recommendation and support AB 638.
Royal Brown Royal Brown, 2153 Aroma Drive, addressed Item 0-2 feeling that the
commercial waste hauling franchise fee should be abolished. He felt
the Integrated Waste Management Fee was ajust fee and should
remain.
Suzanne Fahey Suzanne Fahey, 2715 Vanderhoof, stated she bought property on Van-
derhoof because it was horse property. She urged Council to vote
against the amendment.
• Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, presented her assessment of
the candidates running for judge positions on the March 26 ballot.
• Ray Nordin Ray Nordin, West Covina Police Lieutenant and president of the Police
Management Association, addressed Council regarding the meet and
confer process. He stated that the Association has reached impasse
with the City, due to the perceived inability of the City to present an
offer. He also presented survey figures that differed from the survey
figures used on the part of the City.
Council Minutes of 3/19/96
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Mayor Herfert responded to Lt. Nordin's comments in relation
to the very tight budgets of the last several years. He emphasized
Council's support and confidence in the Police Department. He
reported that Council had met in closed session earlier this evening and
there would be an offer on the table for the Police Management
Association to consider.
Mayor Pro Tern Touhey asked staff to look into the figures
used in the survey presented by Lt. Nordin and explain the dis-
crepancies.
Katie McComb Katie McComb, 925 W. Cameron, spoke highly of the Police Depart-
ment and felt that Council has not recognized the Police appropriately.
James Fonseca James Fonseca, 816 N. Azusa, requested Council consider waiving the
cable franchise fee. He felt it was unfair to the cable subscribers.
Katherine Castucci Katherine Castucci, 430 S. Pima, agreed completely with Lt. Nordin's
comments, noting the Police management group has not been given a
raise in several years.
Brandon Newbold Brandon Newbold, 2707 Vanderhoof, thought that horse regulations
had been resolved some time ago. He felt there were no horse prob-
lems in West Covina.
Council Comments Mayor Herfert stated that comments relating to Agenda items would
be considered at the time the matter came up on the Agenda.
Councilmember McFadden addressed his actions and votes
regarding Police raises in the past. He emphasized the dilemma in
balancing past budgets against the needs and wants of the police
force. He pledged to work in good faith with the police to resolve
the issue of pay raises.
Mayor Pro Tern Touhey noted that Council chose to hire
additional police officers than grant raises, based on the needs of the
community. In response to an earlier comment, he explained that
the monies used to light park fields did not come out of the General
Fund, but special funding that could only be used for improving
parks - not for salaries.
Councilmember Wong discussed the importance of recog-
nizing and nurturing employees, particularly when it comes to
salaries. The end result of such actions encourages top performance,
dedication, and better service to the community.
Mayor Herfert noted that the Council has to consider the
entire spectrum of City services to ensure a healthy quality of life in
the community.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summaries of Action (receive & file)
Planning . . . . . . . . . . . . . . 3/12/96
Personnel . . . . . . . . . . . . . 2/27/96
Claims for Action (deny & notify claimant)
Carmen Marie Shannon filed a claim on 1/16/96 alleging property
damage amounting to $500.
Deborah P. Johnson filed a claim on 1/18/96 alleging personal
injuries. The amount of claim had not been determined at time of
presentation.
Council Minutes of 3/19/96
Christine Mary Hagen filed a claim on 1/12/96 alleging personal
injuries. The amount of claim had not been determined at time of
presentation.
State Farm Insurance Companies filed a subrogation claim for
• personal injuries on 12/15/95. The amount of claim had not been
determined at time of presentation.
Kathryn R. Perlas filed a claim on 11/15/95 alleging personal
injuries. The amount of claim had not been determined at time of
presentation.
Jenny Peng filed a claim on 11/17/95 alleging property damage
amounting to $860.
20th Century Insurance Company field a subrogation claim on
12/4/95 alleging property damages amounting to $4,730.85.
Temporary Use Permits (receive & file)
TUP #2301-96 was issued to Westfield Design, 2648 E. Workman
Avenue, for a construction fence from 1/8 through 10/30/96.
Acceptance of Improvements and/or Release of Bonds
SP 96102 - Recommendation is to accept street improvements and release Sea -
Sully -Miller Inc. board Surety Company Faithful Performance Bond No. 329988, in
the amount of $698,950.15, subject to Notice of Completion
procedures.
SP 96113 - Recommendation is to accept street improvements and release Fidelity
Laird Construction and Deposit Company of Maryland Faithful Performance Bond No.
30505057, in the amount of $341,445.00, subject to Notice of Com-
pletion procedures.
City Treasurer's Report (receive & file)
Report for the month of January, 1996.
Award of Bids
1) SP 94102 and SP 96104 - Amar Road and Nogales Street
Improvements
SP 94102 & SP 96104 - Recommendation is to accept the bid of Sully -Miller Con -
Sully -Miller Contracting Co. tracting Company, Anaheim, in the amount of $849,869.25
and authorize the Mayor and City Clerk to execute an
agreement, subject to the concurrence of the State of
California Department of Transportation.
• 2) WP 94116 - Water Reservoirs -
Miscellaneous Improvements
• WP 94116 - Recommendation is to a) transfer $105,000 from unapprop-
Spiess Construction riated Water funds to WP 94116; and b) accept the bid of
Spiess Construction in the amount of $199,720 as presented
at the bid opening of 3/4/96 and authorize the Mayor and
City Clerk to execute an agreement.
Council Minutes of 3119196
3) PP 96260 - Installation of a 50 Foot High Netting at
Hollencrest Middle School
PP 96260 - Recommendation is to accept the bid of Woodman Pole Co.,
Woodman Pole Co. Huntington Beach, in the amount of $19,296.00 as presented
at the bid opening of 3/12/95 and authorize the Mayor and
City Clerk to execute an agreement.
Miscellaneous - Public Works
1) PP 94124 and PP 95208 - Open Space Area Wall Repair -
Approval of Plans and Specifications
PP 94124 & PP 95208 - This project provides for the repair of an existing masonry
Plans & specs approved concrete block wall and wrought iron fence in Maintenance
District No. 4. Recommendation is to approve plans and
specifications and authorize the City Engineer to call for
bids.
2) Southern California Edison Company Agreements
Edison agreements for street Recommendation is to authorize the Mayor and City Clerk to
lights & banners execute the Final License Agreement and two Street Lighting
Service Agreements with Southern California Edison Com-
pany
Miscellaneous - Finance Department
1) Community Facilities District 91-1 (South Hills)
Recommendation is to adopt the following resolution as the
first step in dissolving the South Hills Mello -Roos District CID
91-1:
Resolution 9303 - RESOLUTION NO. 9303 - A RESOLUTION OF
Dissolving CID 91-1 THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 91-1 OF
THE CITY OF WEST COVINA (SOUTH HILLS) DETER-
MINING NOT TO LEVY CERTAIN SPECIAL TAXES OF
SAID COMMUNITY FACILITIES DISTRICT AND
AUTHORIZING THE RECORDATION OF A NOTICE OF
CESSATION IN CONNECTION THEREWITH
Miscellaneous - Planning Department
1) Status Report on Interim Urgency Ordinance No. 1966
Pertaining to Reverse Vending Machine Regulations
within Identified Convenience Zones
Recommendation is to receive and file this status report relating
to the standards of reverse vending machines, and Urgency
Ordinance No. 1966.
CONSENT CALENDAR MOTION Motion by Manners and seconded by McFadden to waive further
reading of the resolutions and adopt, and to approve all items listed,
• except Items C-7a and C-8b. Motion carved by roll call vote:
AYES: Manners, McFadden, Touhey, Wong, Herfert
• NOES: None
Item C-7a Mayor Pro Tern Touhey asked if the project included striping a third
lane on Nogales Street (SP 94102 and SP 96104). Planning Director
Collier answered in the negative.
Motion by Wong and seconded by Touhey to approve the staff
recommendation for Item C-7a. Motion carried 5-0.
Council Minutes of 3/19/96
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Item C-8b Mayor Herfert stated that he would abstain from the vote on the agree-
ments with Southern California Edison, as he is employed by the
Edison Company.
Motion by Wong and seconded by Touhey to approve the staff
recommendation. Motion carried 4-0-1 with Herfert abstaining.
PUBLIC WORKS
No reports for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES No reports for this meeting.
COMMUNITY DEVELOPMENT PLANNING DEPARTMENT
1) Code Amendment No. 270 - Horse Regulations
Code Amendment 270 - City Manager Starbird clarified that the current issue regarding
Horse Regulations concern for property owners abutting horse properties came to
the attention of staff and the City Council through citizen input.
This issue does not affect any of the horse properties adjacent
to the Ridge Riders Equestrian Center.
Planning Director Collier presented the staff report.
Councilmembers Manners and Wong emphasized that the City
has no intention to reverse direction on previously protected
horse areas. Councilmember Wong favored a process that
could address concerns raised by neighbors abutting horse
properties. Mayor Pro Tem Touhey expressed concern that
the Cameron property was being effectively down -zoned
without notice or compensation. Assistant City Attorney
Munoz responded that it was the opinion of the law firm that
property rights would not be taken away or reduced.
City Manager Starbird suggested a process in which an
application for permit is deemed approved absent a showing of
inability to mitigate a problem by noticed neighbors.
Motion by Herfert and seconded by Touhey to approve
Option #5 which would maintain the current horse regulations.
Motion carried 4-1 with Wong voting no. Planning Director
noted that Council would be presented with an ordinance at the
next meeting to rescind the current interim ordinance.
Recess Mayor Herfert called a recess at 9:47 pm. Council reconvened at
10:00 pm with McFadden absent. Mayor Herfert reconvened the
Redevelopment Agency at 10:00 pm. At the conclusion of the Rede-
velopment Agency, 10:10 pm, the City Council meeting was recon-
vened and Councilmember McFadden was present.
2) Live Entertainment Ordinance (Amendment No. 268)
Live Entertainment Council reviewed the staff report and Councilmember
McFadden requested that this item be held over to give him a
chance to talk with staff. Motion by McFadden and seconded
by Herfert to hold over this item until the May 7 Council
meeting. Motion carried 54
Council Minutes of 3/19/96
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HUMAN SERVICES 1) Fair Housing Council of San Gabriel Valley -
Agreement Amendment No. I
Council reviewed the staff report.
Fair Housing Council - Motion by Wong and seconded by Touhey to approve
Analysis of Impediments Amendment No. 1 to the July 1, 1995 Fair Housing Council of
San Gabriel Valley Agreement with the city of West Covina
approving the preparation of the Analysis of Impediments for a
not -to -exceed amount of$12,000. Motion carried 5-0.
PUBLIC SAFETY COMMUNICATIONS
1) Proposal to Provide Fire Dispatch Communications
Services to the City of Covina
Fire Dispatch for Covina City Manager Starbird presented the staff report.
Motion by Wong and seconded by Touhey to authorize
staff to offer to provide Fire Dispatch Communication services
to the City of Covina in accordance with the Communications
Department's proposal. Motion carried 5-0.-,
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY MANAGER 1) Commission Appointments
Council reviewed the staff report.
Motion by Herfert and seconded by Touhey to direct
staff to forward copies of applications to the Council. Motion
carried 5-0.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve demands
totaling $1,567,459.70 as listed on check registers FI 161286 through
161564. Motion carried by roll call vote:
AYES: Manners, McFadden, Touhey, Wong, Herfert
NOES: None
ABSTAIN: Touhey re West Covina Foodbank
Herfert re SCE
ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, suggested a three to five minute
time limit on non -agenda items.
James Fonseca, 816 N. Azusa, reminded everyone to vote on March
26th.
MAYOR'S REPORTS 1) Older American Recognition Dav
Motion by Touhey and seconded by Wong to select Elba
Comeau as West Covina's representative to the Older
Americans Recognition Day event. Motion carried 5-0.
2) Resolution of Commendation
Motion by Manners and seconded by Touhey to approve a
resolution of commendation for retiring Maintenance worker
Armando Caballero. Motion carried 5-0.
Council Minutes of 3/19/96
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COUNCILMEMBERS' REPORTS
1) Council Request for Information on AB 638
Police Chief Distelrath presented the staff report and responded
to Council questions and comments.
AB 638 - Gun Permits Councilmember Manners stated that if this bill passes there will
be more guns on the streets. There is already a process to obtain a
concealed weapon permit and it doesn't need to be changed. She sup-
ported the staff recommendation. Mayor Pro Tem Touhey felt that
there are legitimate reasons for carrying a concealed weapon. He felt
that the current local control should be vested with the City Council,
not the Police Chief. Councilmember McFadden favored waiting until
a revised bill was presented for consideration.
Motion by Manners and seconded by Wong to oppose the bill
in its current form and write a letter of opposition to the legislature.
Motion carried 3-1-1 with Touhey voting no and McFadden
abstaining.
2) Commercial Waste Hauling Franchise and Integrated
Waste Management Fee
Council reviewed the staff report.
Waste Hauling Franchise Fee & Motion by Touhey to eliminate the commercial waste collec-
Integrated Waste Mngt. Fee tion franchise fee by 2% for the next five years. Motion died for lack
of a second. Motion by Herfert and seconded by Manners to receive
and file the report. Motion carried 4-1 with Touhey voting no.
• ADJOURNMENT
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Attest:
tty Clerk Janet Berry
Councilmember McFadden reported on the little league opening day
ceremonies that he has attended.
Mayor Pro Tern Touhey reported on several events that he has recently
attended.
Councilmember Wong commented on interest earnings as reflected
in the City Treasurer's Report as evidence of the fine work performed
by City staff.
Mayor Herfert stated that the City has accomplished a lot and few
people acknowledge that. He also clarified his comments in the
February 28th Council minutes that his business phone number can be
given out, but he prefers that it not be advertised in the newspaper.
Councilmember Manners reported on a workshop she attended
regarding earthquake preparedness. She requested information from
staff as to the City's procedures and particularly her role as a
Councilmember if a disaster occurs.
Mayor Pro Tern Touhey commented on an unfair perception held by
some people that Council isn't supportive of staff when raises aren't
granted.
Motion by Manners and seconded by Touhey to adjourn the meeting at
11:04 pm. Motion carried 5-0.
ayor S e e H ert