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02-04-1997 - Regular Meeting - Minutess; MINUTES WEST COVINA CITY COUNCIL REGULAR MEETING FEBRUARY 4,1997 The regular meeting of the West Covina City Council was called to order by Mayor Touhey at 7:38 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor Chuck Reeve of Faith Community Church. The Pledge of Allegiance was led by Mayor Touhey. ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councihnembers Herfert, Manners, Wong Others Present: Starbird, Lennard, Martyn, Miller, Glover, Samaniego, Rossman, Distelrath, Greene, Yoshizaki, Collins, Fong, McIsaac, Compean, Keating, Panas, Lantz, Berry APPROVAL OF MINUTES Motion by Manners and seconded by Herfert to approve minutes of the special meeting of January 21, 1997, and the minutes of the regular meeting of January 21, 1997. Motion carried 5-0. PRESENTATIONS Police Officers Barras and Cotter reported on the Presidential Inaugu- ration in which four West Covina Police Officers participated, two of which represented the equestrian unit. PROCLAMATION With the assistance of Lt. Rossman, Mayor Touhey presented the Seniors Helping Our Police (S.H.O.P.) representatives with a proclamation in appreciation for their dedication and service to the community. INTRODUCTION City Manager Starbird introduced Cindy Collins, the new Human Services Director for the City. HEARING CODE AMENDMENT NO.274 INTERIM URGENCY ORDINANCE NO. 1978 - TIME EXTENSION - RETAINING WALLS AND ELEVATED STRUCTURES City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. The staff report was presented by Planning Director Collier. Retain Walls/Elevated Structures Public Testimony: Mayor Touhey opened the public testimony portion of the hearing and asked for comments in favor. The following individual addressed the In Favor: City Council: Lollie Bergman Lollie Bergman, 426 S. Leaf, noted she was neither in favor nor against but did have several questions and comments. She asked for a clarification of the proposed administrative review process and sug- gested that the amended code sections be clear in stating requirements and limitations. In Opposition: Mayor Touhey asked for comments in opposition and no one None addressed Council. Mayor Touhey closed the public testimony portion Testimony Closed of the hearing and Planning Director Collier responded to Ms. Berg- man's comments. He appreciated her comments, noting that staff felt City Council Minutes 2/4/97 the same and the amendments have been designed to avoid difficulties from the onset of the process. City Clerk introduced: It, Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Retaining Walls CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE WEST COVINA MUNICI- PAL CODE (ZONING) RELATED TO THE CONSTRUCTION OF CERTAIN RETAINING WALLS AND ELEVATED STRUC- TURES WITHIN SINGLE-FAMILY Motion by Wong and seconded by McFadden to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None City Clerk presented: Ordinance 1986 - ORDINANCE NO. 1986 - AN URGENCY ORDINANCE extending Ord. 1978 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1978 RELATED TO THE CONSTRUCTION OF CERTAIN RETAIN- ING WALLS AND ELEVATED STRUCTURES WITHIN SINGLE-FAMILY RESIDENTIAL ZONES Motion by Wong and seconded by Manners to waive further reading of the ordinance and adopt. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None HEARING REVERSE VENDING INTERIM ORDINANCE EXTENSION City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. The staff report was presented by Planning Director Collier. Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for comments in favor of the ordinance extension. No one None addressed Council. He then asked for comments in opposition to the extension and no one addressed Council. Mayor Touhey closed the Testimony closed public testimony portion of the hearing. City Clerk presented: Ordinance 1987 - ORDINANCE NO. 1987 - AN INTERIM URGENCY extending Ord. 1967 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1967 RELATED TO REVERSE VENDING MACHINE FACILITIES Motion by Herfert and seconded by Manners to waive further reading of the ordinance and adopt. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None Recess Mayor Touhey recessed the City Council meeting at 8:15 pm to con- vene the Redevelopment Agency meeting for a Redevelopment public hearing. The City Council reconvened at 8:20 pm with all members present. City Council Minutes 2/4/97 AGENDA AND ORAL COMMUNICATIONS Lollie Bergman Lollie Bergman, 426 S. Leaf Street, addressed RDA Item V (Appro- priation of Funds for Legal Services relating to the Edwards Theatres Project). She asked for a clarification as to why the funds were being set aside before incurring the cost. Brian Marchetti Brian Marchetti and Roger Chapin of Foothill Transit urged Council to support G-lb (Eastland Timed Transfer Station/Park-and-Ride Facility: Support to Foothill Transit for Funding Application). Lollie Bergman Lollie Bergman, 426 S. Leaf Street, related the history of RDA's first "sweetheart deal" sometime ago regarding Best Products. Now that Best Products has gone out of business, did the City actually benefit from that transaction. On another matter, Ms. Bergman discussed potentially hazardous traffic conditions surrounding school sites. Mayor Touhey related the drop-off and pick-up problems experienced by the schools. He noted that in years past parents were able to drive onto school property and the school district now forbids that. Council - member Herfert added that it was a sign of the times - parents drive their children to school, whereas in the past children walked to school. Don Carmen Don Carmen, 1238 Hollencrest Drive, addressed an article in the Tribune regarding Councilmember Wong and the closure of the land- fill. He recited the history of BKK actions taken by Council, as he remembered them. Councilmember Wong rebutted Mr. Carmen's comments and then comments were offered by Mayor Touhey and Councilmember Herfert. Andy Ramirez Andy Ramirez, 154 N. Roberto Avenue, implored the City Council to refrain from personal attacks during Council meetings. CONSENT CALENDAR Written Communications None received. Commissions/Summary of Actions (receive & file) Human Services 1/14/97 Planning 1/28/97 Waste Mgmt/Env. Quality 1/16/97 Temporary Use Permit (receive & file) TUP #2371-97 was issued to West Covina Youth Soccer, located at Edgewood Middle School, for a soccer tournament from 1/18 to 1/9 and 1/25 to 1/26. Administrative Review Board (receive & file) Slight Modification No. 161 a and 161 b Categorical Exemption Applicant: Brookfield Homes Southland . Location: Lots 16 and 18 of Tract Map No. 42169 Acceptance of Improvements/Release of Bonds PP 95206 - Location: 2121 Shadow Oak Drive B & Z Construction Recommendation to accept miscellaneous repairs completed at Shadow Oak Community Center and release American Motorists Insurance Company Bond No. 35M89058400 in the amount of $18,400.00, subject to Notice of Completion procedures. City Council Minutes 2/4/97 • PP 96219 - Location: 625 East Merced Avenue Whelan Construction Recommendation is to accept expansion of existing restroom at Walmerado Park and release American Contractors Indemnity Bond No. 27478 in the amount of $48,396.00, subject to Notice of Completion procedures. Traffic Committee Minutes (accept & file) Minutes of the regular meeting of January 21, 1997 City Treasurer's Report (receive & file) Report for the month of December, 1997 Award of Bid - Purchase of One Ford T-Bird for T.R.A.P. Detective Recommendation is to authorize the purchase of a 1996 Ford T-Bird from Ed Butts Ford in the amount of $17,736.93 ($16,385.15 plus $1,351.78 in sales tax). CONSENT CALENDAR MOTION Motion by Herfert and seconded by McFadden to approve all items fisted on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None PUBLIC WORKS No reports. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports. ENVIRONMENTAL SERVICES BKK LANDFILL ENVIRONMENTAL AND REGULATORY ISSUE BRIEFING . Status of BKK issues Special legal counsel Colin Lennard presented an oral report giving an update of the Class I portion of the landfill. He presented the status of the various facets, noting that no direction was being sought tonight from the City Council. He spoke on the following: a) Destruction of records by California Office of Environmental Health Hazardous Assessment b) Class I Post Closure Plans - Permit vs Order c) Ground Water and Transfer of Authority from United States Environmental Protection Agency to California Department of Toxic Substances Control Motion by Herfert and seconded by McFadden to receive and file the status report. Motion carried 5-0. COMMUNITY DEVELOPMENT SERVICES PLANNING DEPARTMENT 1) SALE OF VEHICLES ON PUBLIC STREETS AND COMMERCIAL PROPERTY Private vehicles for sale City Manager Starbird elaborated, on the staff report. Council - member Wong suggested that vehicles being offered for sale be restricted to the property of the vehicle owner or within a certain limited area of the property. Motion by Herfert and seconded by Touhey to refer this to the Planning Commission. Motion carried 5-0. City Council Minutes 2/4/97 • 2) EASTLAND TIMED TRANSFER STATION/PARK- AND-RIDE FACHdTY: SUPPORT TO FOOTHILL TRANSIT FOR FUNDING APPLICATION Foothill Transit Councilmember Wong stated that due to conflict of interest laws, he would abstain from the discussion and vote on this issue. Planning Director Collier elaborated on the staff report, noting that the next opportunity for Foothill Transit to submit an application to the Metropolitan Transportation Authority wouldn't be for another two years. Roger Chapin of Foothill Transit addressed the issue, remarking that without the support of the "host city" the project could not be developed. Councilmember Herfert stated that the proposed site is a very key piece of property and could not support this pro- ject at this location (adjacent to Eastland Center). Mayor Touhey expressed deep reservation about a timed transfer station, but would support Foothill Transit's application. City Clerk presented Resolution 9407 - RESOLUTION NO. 9407 - A RESOLUTION OF co -sponsoring funding application THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CO -SPONSORING FOOTHILL TRAN- SIT'S FUNDING APPLICATION FOR THE PARK -AND - RIDE FACILITY UNDER THE METROPOLITAN TRANSPORTATION AUTHORITY'S (MTA) 1997 TRANSPORTATION IMPROVEMENT PROGRAM CALL FOR PROJECTS Motion by Manners and seconded by McFadden to waive further reading of the resolution and adopt. Motion carried 3-1-1 with Herfert voting no and Wong abstaining (conflict of interest). Recess Mayor Touhey called a recess at 10:25 pm. Council reconvened at 10:45 pm with Councilmember Herfert absent. MAYOR'S REPORTS 1) ADULT NEWSRACK REGULATIONS City Manager Starbird elaborated on the staff report. Motion by Touhey and seconded by Wong to refer this matter to the Planning Commission for study and recommen- dation relative to an amendment to the Municipal Code. Motion carried 4-0. 2) FEE FOR REMOVAL OF ILLEGAL SIGNS Removal fee re illegal signs Manager Starbird elaborated on the staff report. Joe Corona, 2203 E. Alaska, addressed Council in support of this proposal. Motion by Touhey and seconded by Manners to refer this matter to the Planning staff for . study and implementation of an appropriate procedure for recovering City costs incurred due to removal of illegally posted signs. Motion carried 4-0. REDEVELOPMENT AGENCY 1) Mayor Touhey recessed the City Council meeting at 10:25pm to continue the Redevelopment Agency meeting. The City Council reconvened at 10:45 pm. City Council Minutes 2/4/97 t 2) Minutes of the January 7, 1997 Parking Authority Motion by Manners and seconded by McFadden to receive and file the minutes of the January 7, 1997 meeting of the West Covina parking Authority. Motion carried 4-0. HUMAN SERVICES No reports. PUBLIC SAFETY POLICE DEPARTMENT WEST COVINA SERVICE GROUP REPORT WRITING MODULE Police Chief Distelrath elaborated on the staff report. PD Writing Module Motion by Manners and seconded by McFadden to authorize the West Covina Service Group to contract with Impact Solutions Corporation for the development of the Report Writing Module, with a maximum development cost of $150,000. Motion carried 4-0. ADMINISTRATIVE SERVICES FINANCE DEPARTMENT POSSIBLE REFINANCING OF 1987 CERTIFICATES OF PARTICIPATION City Manager Starbird elaborated on the staff report. 1987 Certificates of Participation Motion by Manners and seconded by McFadden to approve the following financing team to pursue a possible refinancing of the 1987 Certificate of Participation (Civic Center Complex): Bond Counsel: Rutan & Tucker at 0.1% of the amount of the bond issue plus expenses not to exceed $2,500. Financial Advisor: Kitahata & Company at $17,500 plus expenses not to exceed $1,000. Motion carried 4-0. CITY MANAGER LEGISLATION REGARDING ALLOCATION OF SALES TAX Council reviewed the staff report. City of Covina/Sales Tax Motion by McFadden and seconded by Wong to support the City of Covina in its legislative effort and appropriate $1,000 for this purpose. Motion carried 4-0. APPROVAL OF DEMANDS Motion by McFadden and seconded by Touhey to approve Demands totaling $1,054,162.17 as fisted on check registers 167552 through 167834. Motion carried by roll call vote: AYES: Manners, McFadden, Wong, Touhey NOES: None ABSENT: Herfert ABSTAIN: Touhey re WC Community Food Bank ORAL COMMUNICATIONS George Odgen, 1249 Vafinda Avenue, updated the Council on the West Covina Veterans Memorial. City Council Minutes 2/4/97 t COUNCILMEMBERS' REPORTS ADJOURNMENT ATTEST: LI// I /I1L I� l�, REWARDS FOR INFORMATION CONCERNING CREME NAL ACTIVITY Council reviewed the staff report. Councilmember Wong liked the idea of formulating some guidelines to avoid Council getting caught up in the moment. Motion by Manners and seconded by Wong to not create a formal reward program, but that the Chief of Police be authorized to recommend rewards when and if appropriate. Motion carved 4-0. Motion by Manners and seconded by McFadden to adjourn the meeting at 12:05 am. Motion carried 4-0. Mayor Michael R Touhey