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03-19-1996 - Regular Meeting - Minutes• • • 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). • 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 • • 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 • 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 i • is 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 • 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 • 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