12-17-1996 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 17, 1996
The regular meeting of the West Covina City Council was called to order at 7:35 pm by Mayor Touhey in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The City Manager
gave the invocation and the Pledge of Allegiance was led by Councilmember Wong.
ROLL CALL Mayor Touhey, Mayor Pro Tem McFadden, Councilmembers
Herfert, Manners, Wong
Others Present: Starbird, Wylie, Miller, Glover, Greene, Samaniego, Martyn,
Tucker, Panas, Bonaparte, Pullin, Peters, Yoshizaki, Fong, Collier,
Distelrath, Clark, Palkhiwala, Miyasato, Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by McFadden to approve the
minutes of the regular meeting of November 5, 1996. Motion
carried 5-0.
PRESENTATIONS No presentations.
HEARING PUBLIC NUISANCE ABATEMENT HEARING -
1235 S. MULLENDER AVENUE
Public Nuisance Mayor Touhey explained that Council would conduct a hearing
regarding an unmaintained pool which had been determined to
present a threat to life and public health and consequently pumped.
City Clerk Berry verified the affidavit of posting. Mayor Touhey
opened the hearing and the staff report was presented by Planning
Director Collier.
Public Testimony
Mayor Touhey opened the public testimony portion of the hearing
None
and asked for comments. No one addressed Council and Mayor
Testimony closed
Touhey closed the public testimony portion of the hearing. -
City Clerk presented:
Resolution 9401 -
RESOLUTION NO. 9401 - A RESOLUTION OF THE
1235 S. Mullender Avenue
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, DECLARING PROPERTY LOCATED AT 1235
SOUTH MULLENDER AVENUE A PUBLIC NUISANCE
Motion by Herfert and seconded by Manners to waive
further reading of the resolution and adopt. Motion carried 5-0.
AGENDA AND ORAL COMMUNICATIONS
Iris Delameter Iris Delameter, 1212 W. Eckerman, discussed Redevelopment
Agency Item I (rehabilitation of the Executive Lodge). She sug-
gested converting it to senior citizens housing, if there was enough
demand for that, rather than the proposed single residential
�; ` occupancy housing.
Council Minutes of 12/17/96
Royal Brown Royal Brown, 2153 Aroma Drive, asked about the enforcement
provisions of the new sign ordinance (C-5) as compared to the
current provisions, particularly in relation to the developer sign on
Azusa/Aroma.
• Katherine Castucci Katherine Castucci, 430 Pima Avenue, announced the expansion of a
driving class for seniors, called "55 Alive," given at the Senior
Citizens Center. It will now be offered once a month, rather than on
a bimonthly basis, and this is due to her volunteering to handle the
registrations for the class. She stated that her activities in the com-
munity have always been with the betterment of the community in
mind, rather than as a self-serving activity which was indicated in a
recent Letter to the Editor in the Tribune.
Mike Jules Mike Jules, 1318 Mariana Street, asked about the status of the snack
bar for the South Hills Little League.
Planning Director Collier responded to the question regarding the
developer sign at Azusa/Amar. He stated that staff is working with
the developer to seek compliance, rather than using a heavy-handed
approach.
City Manager Starbird responded to the snack bar situation. He
stated that there is disagreement between the School District and
South Hills Little League as to the placement of the snack bar.
Councilmember Herfert requested that this matter be agendized for
Council consideration at a future Council meeting.
CONSENT CALENDAR Written Communications (none received)
Commission/Summary of Actions (receive & file)
Planning Commission 12/10/96
Claims for Action (deny & notify claimant)
Frank X. Martinez filed a claim on October 9, 1996, for property
damage amounting to $56.72.
Temporary Use Permits (receive & file)
TUP #2361-96 was issued to Brookfield Homes, located at Tract
47809, for a temporary sales trailer on 11/25/96.
Ordinances for Adoption (waive reading & adopt)
Ordinance 1981 - ORDINANCE NO. 1981 - AN ORDINANCE OF THE
Code Amendment 265: Signs CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 7
(BUILDINGS AND BUILDING REGULATIONS) AND
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE RELATING TO SIGNS (Code Amendment No. 265 -
Comprehensive Sign Ordinance Revision)
Ordinance 1982 - ORDINANCE NO. 1982 - AN ORDINANCE OF THE
Speed Limits CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
t
Council Minutes of 12/17/96
FORNIA, REVISING SECTION 22-132 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO DECREASES IN THE
STATE LAW MAXI1v1UM SPEED LIMITS
City Treasurer's Report (receive & file)
Report for the month of October, 1996.
Award of Bids
1) PP 95206 - Shadow Oak Community Center -
Miscellaneous Repairs
PP 95206 - Recommendation is to accept the lowest responsible bidder:
B & Z Construction B & Z Construction, Monrovia, in the amount of $18,400 as
submitted at the bid opening of December 9, 1996, and
authorize the Mayor and City Clerk to execute the contract.
2) MP 97122 - Bus Stop Shelters - Various Locations
MP 97122 - Recommendation is to accept the lowest responsible bidder:
Armstrong Construction Armstrong Construction, Covina, in the amount of $67,125
as submitted at the bid opening of December 5, 1996, and
authorize the Mayor and City Clerk to execute the contract. .
3) PP 97202 - Aluminum Bleachers at Various Locations
PP 97202 - Recommendation is to accept the one bid received from
Aluminum Seating, Inc. Aluminum Seating, Inc., San Bernardino, in the amount of
$26,684.09 as submitted at the bid opening of December 5,
1996 and authorize the Mayor and City Clerk to execute the
contract.
4) PP 97210-A - Maverick Field Netting Installation
PP 97210-A - Recommendation is to take the following actions:
Woodman Pole Company a) Transfer $30,000 from MP 87152 to PP 97210-A; and
b) Accept the lowest responsible bidder: Woodman Pole
Company, Huntington Beach, in the amount of $25,650
as submitted at the bid opening of December 10, 1996
and authorize the Mayor and City Clerk to execute the
contract.
Miscellaneous - City Clerk's Office
'Biennial Review of the City's Conflict of Interest Code
Conflict of Interest Code Recommendation is to approve the City's amended Conflict of
Interest Code, as prepared by the City Clerk.
Miscellaneous - Finance Department
. 1) 1997 Business License Fees
Recommendation is to adopt the following resolution sus-
pending certain C.P.I. increases and portions of the business
license tax:
Resolution 9402 - RESOLUTION NO. 9402 - A RESOLUTION OF THE
1997 Business License Fees CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SUSPENDING ANY INCREASE IN THE
AMOUNT OF CHARGES RELATING TO BUSINESS
LICENSE TAX FOR THE CALENDAR YEAR COM-
MENCING JANUARY 1, 1997, AND SUSPENDING ALL '
Council Minutes of 12/17/96
OF THE BUSINESS LICENSE TAXES IMPOSED
UNDER SECTION A -III OFFICE AND COMMERCIAL
RENTALS, AND A PORTION OF THE BUSINESS
LICENSE TAXES IMPOSED AND CATEGORY S (26)
SMALL COLLECTING FACILITIES AND REVERSE
VENDING MACHINES
2) 1997 Investment Policy
1997 Investment Policy Recommendation is to receive and file the City's Investment
policy for 1997.
3) Business Improvement Tax Appropriation
BIT Appropriation Recommendation is to appropriate $1,776 from Business
Improvement Tax fund balance to 118-304-2430-6497
(Fourth of July Event).
4) Comprehensive Annual Financial Report (CAFR)
CAFR Recommendation is to receive and file the City's Compre-
hensive Annual Financial Report and ratify the following
transfers:
Fund Transfers In Transfers Out
Recreation $63,151
General $63,151
Proposition A $ 5,387
Proposition C $ 5,387
Waste Mgmt & Enforcement $73,197
BKK Augmentation $73,197
5) Los Angeles County/West Covina Civic Center Authority
Financial Report - Fiscal Year End June 30, 1996
LA Co/Civic Center Authority Recommendation is to receive and file the Authority's
FY End Report Annual Financial Report for the year ending June 30, 1996.
Miscellaneous - Engineering Department
1) 1996/97 Transportation Development Act (TDA) Funding
Recommendation is to adopt the following resolution setting
the 96/97 TDA allocation at $41,721:
Resolution 9403 - RESOLUTION NO. 9403 - A RESOLUTION OF
TDA 96/97 allocation THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE APPLICA-
TION FOR BICYCLE AND PEDESTRIAN FUNDS
AUTHORIZED UNDER SB-821 AND RECONFIRMING
THE ADOPTION OF ITS BICYCLE AND PEDESTRIAN
PLAN
- 2) SP 96105 - Construction of Sidewalks/Wheelchair Ramps
SP 96105 - Recommendation is to approve the plans and specifications
Approval of plans &specs for SP 96105 and authorize the City Engineer to call for
• bids.
3) National Pollution Discharge Elimination System
(NPDES) Legal Authority to Control Discharges To and
From the Municipal Separate Storm Sewer System
Recommendation is to introduce the following ordinance:
Ordinance introduction - . A STORM WATER AND URBAN RUN-OFF
Council Minutes of 12/17/96
•
•
1Ql'PC.y
POLLUTION CONTROL ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING CHAPTER 9 OF THE WEST
COVINA MUNICIPAL CODE BY DELETING EXISTING
SECTIONS 9-26 THROUGH 9-36, INCLUSIVE, AND
ADDING PROVISIONS PERTAINING TO CONTROL
OF MUNICIPAL STORM WATER AND URBAN RUN-
OFF DISCHARGES
Miscellaneous - Environmental Services
BKK Landfill Closure Status Report
Recommendation is to receive and file the status report.
CONSENT CALENDAR MOTION Motion by Manners and seconded by Wong to waive further reading
of the resolutions and adopt, to waive further reading of the ordi-
nance and introduce, and to approve all other items listed, except:
Item C-8a. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
Item C-8a In relation to the biennial review of the City's Conflict of Interest
Code, Councilmember Wong suggested that the disclosure category
applicable to the Commissions be increased to the same reporting
level as the Planning Commission and gave his reasons for this.
Council discussed the issue and favored leaving the disclosure
categories as they are currently.
Motion by Herfert and seconded by McFadden to approve
the City's amended Conflict of Interest Code, as prepared by the
City Clerk. Motion carried 4-1 with Wong voting no.
BKK Odors On another matter, Councilmember Herfert reported strong odors
emanating from BKK late Monday evening. He requested the LEA
to follow up.
PUBLIC WORKS No reports.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports.
ENVIRONMENTAL SERVICES No reports.
COMMUNITY SERVICES PLANNING DEPARTMENT
CODE AMENDMENT NO.275 - INTERIM URGENCY
ORDINANCE RELATED TO WIRELESS COMMUNICA-
TION FACILITIES
Mayor Touhey stated that he would abstain from the discussion and
vote on this issue, due to a contract he has with a wireless service
provider.
Planning Director Collier presented the staff report and
responded to questions regarding current applications and the time
lapse of this ordinance.
Council Minutes of 12/17/96
City Clerk presented:
Ordinance 1983 - ORDINANCE 1983 - AN INTERIM URGENCY ORDI-
Code Amendment 275 NANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING A MORATORIUM ON NEW AND MODIFIED
WIRELESS COMMUNICATION FACILITIES
Motion by Manners and seconded by McFadden to waive
further reading of the ordinance and adopt. Motion carried by roll
call vote:
AYES: Herfert, Manners, McFadden, Wong
NOES: None
ABSTAIN: Touhey
REDEVELOPMENT AGENCY
Mayor Touhey recessed the City Council meeting at 8:34 pm to
convene the Redevelopment Agency meeting. The City Council
reconvened at 9:20 pm with all members present.
HUMAN SERVICES
No reports.
PUBLIC SAFETY
No reports.
ADMINISTRATIVE SERVICES
No reports.
CITY MANAGER
PROPOSITION 208 VOLUNTARY CAMPAIGN SPENDING
LIMIT
City Manager Starbird elaborated on the staff report and further
comments were offered by City Attorney Marlyn. Based on their
comments, Council felt it was prudent to set a'voluntary campaign
expenditure limit in compliance with Proposition 208, in the event
Proposition 208 was found to apply to the March 4, 1997 election.
Proposition 208 -
Councilmember Herfert suggested a $15,000 limit. Council -
Voluntary Expenditure Limit
member Wong suggested a cap based upon the number of the
registered voters, which would ebb and flow with the number of
registered voters at each election. For example, currently there are
42,700 registered voters and with a cap of $.50 per registered voter,
the spending limit for the March 1997 election would be $21,350.
Mayor Pro Tem McFadden didn't want to hinder candidates' ability
to raise money in any way. Councilmember Manners suggested
$20,000.
Motion by Herfert and seconded by Manners to set the vol-
untary expenditure limit at $20,000 effective January 1, 1997, pro-
viding that the FPPC determines that Proposition 208 is found appli-
cable to the March election. Motion carried 3-1-1 with McFadden
voting no and Wong abstaining.
•
APPROVAL OF DEMANDS
Motion by Herfert and seconded by McFadden to approve Demands
•
totaling $1,106,698.92 as listed on check registers FI 166686
through 166948. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSTAIN: Herfert re SCE
U.
Council Minutes of 12/17/96
•
ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, felt that Council's discussion of
Proposition 208 missed the main point - which was to limit expen-
ditures by independent and special interest groups. City Attorney
disagreed and clarified.
MAYOR'S REPORTS 1) APPOINTMENT OF MOSQUITO ABATEMENT
DISTRICT BOARD
Council reviewed the staff report.
Motion by Herfert and seconded by Wong to
reappoint Councilmember Manners until her term is up, then
reconsider at that time. Motion carried 5-0.
2) RESOLUTIONS OF COMMENDATION FOR
OUTGOING COMMISSIONERS WINNIE LEWIS AND
Motion by Herfert and seconded by McFadden to a
resolutions of commendation for Winnie Lewis and
Guadiz IV. Motion carried 5-0.
COUNCELMRMBERS' REPORTS
COVINA FIRE SERVICE
Covina Fire _Service Councilmember Wong elaborated on this issue, noting that if the
Covina residents approve an advisory ballot measure in March
regarding County fire service, then the City of West Covina should
be prepared to submit a competing proposal, if Covina is interested.
Council discussion ensued.
Motion by Wong and seconded by Manners to instruct staff
to make informal inquiries to learn about their system and their
receptivity to a proposal from West Covina. Motion carried 5-0.
Councilmember Herfert Councilmember Herfert requested that the meeting be adjourned in
memory of John Kislow, Sr., a long time resident, who recently
died at 72. He worked as a cryptographer during World War H,
breaking Russian codes for the United States government.
Mayor Pro Tem McFadden Mayor Pro Tem McFadden requested that the meeting also be
adjourned in memory of his cousin, Tim McFadden, who died at 34
in a SCUBA accident.
ADJOURNMENT
ATTEST:
City Clerk Janet Berry
Motion by Manners and seconded by Touhey to adjourn the meeting
at 10:37 pm in memory of John Kislow, Sr., and Tim McFadden.
Motion carried 5-0.
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Mayor Michael Touhey
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