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.
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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
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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.
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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