02-18-1997 - Regular Meeting - MinutesMINUTES
REGULAR MEETING
WEST COVINA CITY COUNCIL
FEBRUARY 18, 1997
The regular meeting of the West Covina City Council was called to order by Mayor Touhey at 7:36 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City
Manager Starbird and the Pledge of Allegiance was led by Cub Scout Pack 714, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tem McFadden, Councilmembers Herfert,
Manners, Wong
Others Present: Starbird, Wylie, Miller, Glover, Martyn, McIsaac, Collier, Samaniego,
Collins, Yoshizaki, Lantz, Distelrath, Irwin, Miyasato, Pullin, Greene,
Bonaparte, Ure, Cleary, Palkhiwala, Berry
PRESENTATION Mayor Touhey presented a Certificate of Commendation for Project
Area Committee Member Joseph Battaglia.
PROCLAMATION Mayor Touhey proclaimed March 8, 1997, as ARBOR DAY, noting
that 50 trees will be planted at Shadow Oak Park.
Redevelopment Agency At 7:40 pm Mayor Touhey called to order the Redevelopment Agency
for the purpose of conducting the following joint public hearing.
HEARING JOINT PUBLIC HEARING - GENERAL PLAN AMENDMENT
NO. 1-97-27, ZONE CHANGE NO. 650, AND NEGATIVE
DECLARATION OF ENVIRONMENTAL LVIPACT FOR THE
LARK ELLEN AFFORDABLE HOUSING DEVELOPMENT
AND DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY AND
THOMAS L. SAFRAN
Councilmember Herfert stated that due to conflict of interest laws, he
would abstain from the discussion and vote on this matter.
City Clerk Berry verified the affidavit of publication and stated that the
record contained the following documents:
* Draft resolutions certifying the Negative Declaration of
Environmental Impact, approving General Plan Amendment No. 1-97-
27 and Zone Change No. 650.
* Disposition and Development Agreement by and between the
West Covina Redevelopment Agency and Thomas L. Safran; and
* Summary Report as required by Section 33433 of the Rede-
velopment Law.
Mayor Touhey opened the hearing and the staff report was presented
by Principal Planner McIsaac (Planning) and Community Planner
Miiyasato (RDA). Mr. McIsaac addressed the General Plan
Amendment, Zone Change, Precise Plan, and Negative Declaration of
Environmental Impact for the Lark Ellen project and Ms. Miiyasato
addressed the Disposition and Development Agreement with Thomas
L. Safran.
City Council Minutes of 2/18/97
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Public Testimony Mayor Touhey opened the public testimony portion of the hearing and
asked if any written communications had been received. City Clerk
Berry responded in the negative. He then asked for oral comments in
favor and the following spoke:
In Favor: David Ferguson, Vice President of Safran Associates, stated he
was available to answer questions. He emphasized the company's
commitment to a quality facility with security, recreation, and applicant
screening.
Tom Safran, President, supported the staff recommendations
and conditions.
Bill Robinson, 1146 E. Louisa Avenue, stated that although he
was not in opposition to developing the site, but did protest the fact
that he lives within 600 feet of the project area and did not receive a
notice of this hearing. He wasn't so sure there was a market for low-
income housing and preferred senior housing only at this site. He
suggested including carports as well. He suggested delaying this for
notification to his neighborhood.
In Opposition:
No one addressed Council/RDA in opposition.
Rebuttal: David Ferguson stated that Safran & Associates conducted an
extensive study and found a substantial need for this type of housing.
They had considered a senior citizens complex originally, but that does
not satisfy the broad spectrum of the City's affordable housing
requirements.
Testimony closed
Tom Safran stated carports are a cost issue and many of their projects
do not have carports.
Planning Principal McIsaac stated that notification requirement is 300
feet within the project site, not 600 feet.
Mayor Touhey closed the public testimony portion of the hearing.
Council comments In response to a question posed by Councilmember Manners, Mr.
Safran stated that the project will not incorporate assigned parking; that
they have found that to work the best. He also responded to a question
posed by Councilmember Wong regarding the screening process.
City Council Action
City Clerk Berry presented:
Resolution 9408 - RESOLUTION NO. 9408 - A RESOLUTION OF THE CITY
certifying the Neg. Dec. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION OF ENVIRON-
MENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 1-
97-27, ZONE CHANGE NO. 650, CONDITIONAL USE PERMIT
NO. 487, AND PRECISE PLAN NO. 853 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED
Resolution 9409 - RESOLUTION NO. 9409 - A RESOLUTION OF THE CITY
approving the amendment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 1-97-27
Motion by Manners and seconded by Wong to waive further
reading of the resolution and to adopt. Motion carried 4-0-1 with
Herfert abstaining (conflict of interest). .
City Clerk Berry presented:
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Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Zone Change No. 650 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 650
Motion by Manners and seconded by Wong to waive further
reading of the ordinance and to introduce. Motion carried 4-0-1 with
Herfert abstaining (conflict of interest).
City Clerk Berry presented:
Resolution 9410 - RESOLUTION NO. 9410 - A RESOLUTION OF THE CITY
approving DDA COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO
THE APPROVAL BY THE REDEVELOPMENT AGENCY OF
THE CITY OF WEST COVINA OF THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND THOMAS L. SAFRAN, AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
Motion by Manners and seconded by McFadden to waive
further reading of the resolution and adopt. Motion carried 4-0-1 with
Herfert abstaining (conflict of interest).
Redevelopment Aeencv Action
Secretary Berry presented
Resolution 499 -
RESOLUTION NO. 499 - A RESOLUTION OF THE REDEVEL-
approving DDA
OPMENT AGENCY OF THE CITY OF WEST COVINA
APPROVING AND AUTHORIZING THE EXECUTION OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY AND THOMAS
L. SAFRAN, AND MAKING CERTAIN FINDINGS IN CONNEC-
TION THEREWITH
Motion by Wong and seconded by Manners to waive further
reading and adopt. Motion carried 4-0-1 with Herfert abstaining
(conflict of interest).
RDA Recess
Mayor Touhey recessed the Redevelopment Agency at 8:33 pm to
continue the City Council Agenda.
HEARING
PUBLIC NUISANCE ABATEMENT HEARING
Location: 3304 Flemington Drive
City Clerk Berry verified the affidavit of posting and mailing. 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 and
None asked for comments. No one addressed the City Council and the
Testimony closed public testimony portion of the hearing was closed by Mayor Touhey.
City Clerk Berry presented:
Resolution 9411 - RESOLUTION NO. 9411 - A RESOLUTION OF THE CITY
Declaring a public nuisance COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING PROPERTY LOCATED AT 3304 FLEMINGTON
DRIVE A PUBLIC NUISANCE
. Motion by Herfert and seconded by McFadden to waive
further reading of the resolution and adopt. Motion carried 5-0.
HEARING RECORD OF COST OF ABATEMENT HEARINGS
Locations: 1235 South Muhender Avenue
903 Bruce Avenue
1113 West Pine Street
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City Clerk Berry verified the affidavit of publication and mailing.
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 and
asked for comments. The following individual addressed Council:
Alfred Renteria, realtor of 1113 W. Pine Street, stated that
escrow was closing and the buyers were unaware of this situation. The
paper work has now been submitted to the previous owner for
disposition. City Attorney stated that would suffice and recommended
no further action be taken by Council on this property.
Testimony closed Mayor Touhey asked for other comments and no one else addressed
Council. The public testimony portion of the hearing was closed.
City Clerk Berry presented
Resolution 9412 - RESOLUTION NO. 9412 - A RESOLUTION OF THE CITY
1235 S. Mullender COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CONFIRMING THE COST REPORT TO ABATE THE
DECLARED PUBLIC NUISANCE LOCATED AT 1235 SOUTH
MULLENDER AVENUE
Resolution 9413 - RESOLUTION NO. 9413 - A RESOLUTION OF THE CITY
903 Bruce Avenue COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CONFIRMING THE COST REPORT TO ABATE THE DE-
CLARED PUBLIC NUISANCE LOCATED AT 903 BRUCE AVE.
Motion by Wong and seconded by Manners to waive further
reading of the resolutions and adopt. Motion carried 5-0.
AGENDA AND ORAL COMMUNICATIONS
Greg Penske Greg Penske of Penske Auto Group encouraged Council to approve
the OPA between the Redevelopment Agency and Penske Motor Sales
West (RDA Item IT).
Martin Rippens Martin Rippens, owner of MCR, Inc., (landscape maintenance
contractor) apologized for his maintenance workers who had
inadvertently removed political signs during their routine cleanup of
the landscape maintenance district.
George Ogden George Ogden, 1249 Valinda, thanked Mr. Rippens for his statements.
He then asked for a clarification of political sign placement in and
around Fashion Plaza.
Paul Gipple Paul Gipple, 125 N. Walnuthaven Drive, felt the City was not doing
enough to clean up the problems at the Executive Lodge and referred
to an article in the Tribune regarding that facility.
Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, spoke of the upcoming
election and campaign promises of past elected officials.
Mike Jules Mike Jules, 1318 Mariana Street, asked about the status of the snack
bar for the South Frills Little League.
Staff Responses Human Services Director Collins stated that a temporary snack bar
would suffice for the little league until the permanent snack bar was
finished sometime during the early part of May.
Councilmember Wong stated that he would be happy to talk to Janice
Bonneville about political issues and reminded the audience about the
upcoming candidates forum scheduled for tomorrow night.
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Andy Ramirez Andy Ramirez, 154 N. Roberto, stated that he has experienced 150 of
his political signs either stolen or destroyed and left on the ground
during this campaign period.
Redevelopment Agency Director Yoshizaki addressed the Executive
Lodge issue and expounded on staffs evaluation and alternatives to
address the problems.
Councilmember Herfert requested that Southern California
Housing be invited to the next Council meeting to give a briefing on
their intentions with the Executive Lodge site.
CONSENT CALENDAR Written Communications None received.
Commissions/Summary of Actions (receive & file)
Personnel Commission 2/12/97
Planning Commission 2/11/97
Acceptance of Improvements/Release of Bonds:
PP 96222 -Walmerado Park/Extension of Second Story Snack Bar
PP 96222 - Recommendation is to accept construction improvements and release
Whelan Construction American Contractors Indemnity Company Bond No. 27602 in the
amount of $26,811.00, subject to notice of completion procedures.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1988 - ORDINANCE NO. 1988 - AN ORDINANCE OF THE CITY
Code Amendment 274 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE
WEST COVINA MUNICIPAL CODE (ZONING) RELATED TO
THE CONSTRUCTION OF CERTAIN RETAINING WALLS
AND ELEVATED STRUCTURES WITHIN SINGLE-FAMILY
RESIDENTIAL ZONES (Code Amendment No. 274)
Award of Bids:
TS 96109 - TS 96109 - Azusa/Francisquito Traffic Signal Modification
'IDS Engineering Recommendation is to accept the bid of TDS Engineer, Westlake
Village, in the amount of $45,705.00 as submitted at the bid opening of
February 12, 1997, and authorize the Mayor and City Clerk to execute
the contract.
PP 97224 - PP 97224 - Edgewood Parking Lot Expansion
E.A. Mendoza Contracting Recommendation is to take the following actions:
a) Appropriate $20,000 from unappropriated Park Dedication Fee
fund (172) to PP 97224; and
b) accept the bid of E.A. Mendoza Contracting of Anaheim Idills,
in the amount of $150,260.00 as submitted at the bid opening of
February 12, 1997, and authorize the Mayor and City Clerk to execute
the contract.
SP 97227 - Basketball Court Lighting at Orangewood Park
SP 97227 - Recommendation is to accept the bid of Big O Enterprises, Inc., North -
Big O Enterprises ridge, in the amount of $22,360.00 as submitted at the bid opening of
February 12, 1997, and authorize the Mayor and City Clerk to execute
the contract.
SP 9.7130 - Guardrails Along Amar Road Westerly of Shadow
Oak Drive
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SP 97130 - Recommendation is to take the following actions:
Alcorn Fence a) Create Project No. SP 97130;
b) Appropriate $42,000.00 to SP 97130 from unappropriated Gas
Tax (124) funds; and
c) accept the bid of Alcorn Fence in the amount of $35,888 .00 as
submitted at the bid opening of February 12, 1997, and authorize the
Mayor and City Clerk to execute the contract.
Miscellaneous - Buildino/Engineering:
Funding for Cortez Park Athletic Lighting Project
Cortez Park Lighting Funds Recommendation is to take the following actions:
a) Authorize a transfer of $61,000.00 from the Park Bond Grant
Fund to the PDF - E Fund; and
b) Authorize a $61,000.00 transfer from the PDF•- E Fund to the
General Fund as partial repayment of the $80,000.00 advance made in
Fiscal Year 95/96.
Proposal to Provide Professional Engineering Services for
Assessment Districts and Evaluation of Assessment Methodology
for Compliance with Proposition 218
Prop 218 relative to Recommendation is to take the following actions:
Assessment Districts a) Accept the proposal of Berryman and Henigar for professional
services for the administration of the special districts and authorize the
Mayor and City Clerk to execute a consultant agreement for the
designated work to be done for an amount not to exceed $58,725; and
b) Authorize the transfer of $21,975.00 balance of proposal cost,
and $8,600.00 for the cost of envelopes and postage to mail the
required notices and ballots, from Citywide Lighting and Maintenance
District Reserves to Acct: 188-320-2216-6117.
Miscellaneous - Environmental Services:
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the status report.
Miscellaneous - PersonnelServices:
Approval of Class Specification and Salary for Public Works
Project Supervisor and Reclassification of Senior Building
Inspector and Clerk Typist (waive reading & adopt resolution)
Resolution 9414 - RESOLUTION NO.9414 - A RESOLUTION OF THE CITY
Reclassifications COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 7223, RELATING TO
CLASSIFICATION AND COMPENSATION OF POSITIONS, AS
AMENDED; AND APPROVING THE NEW CLASSIFICATION
OF PUBLIC WORKS PROJECT SUPERVISOR
Approval of Final Map:
Lot Line Adjustment 121- Edwards Entertainment Center
(waive reading & adopt resolution)
Resolution 9415 - RESOLUTION NO. 9415 - A RESOLUTION OF THE CITY
Lot Line Adjustment 121 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 121 AND DIREC-
TING THE RECORDATION THEREOF (Edwards Entertainment
Center)
CONSENT CALENDAR MOTION Councilmember Wong requested Items C-6b (professional services
relating to assessment districts) and C-7 (Lot Line Adjustment for
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Edwards Theater) be removed, as he would need to abstain due to con-
flict of interest laws.
Motion by Wong and seconded by Herfert to waive further reading of
the resolutions and ordinance, and to adopt, and to approve all other
items fisted except C-6b and C-7. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
Items C-6b and C-7 Motion by Manners and seconded by Herfert to approve the recom-
mendations for both items. Motion carried 4-0-1 with Wong
abstaining (conflict of interest).
PUBLIC WORKS GP 96302 - CITY HALL BUILDING MODIFICATION -
COMMUNITY ROOM RELOCATION AND NEW SIMU-
LATOR ROOM
City Engineer Glover elaborated on the staff report.
Mayor Touhey left the meeting at 9:20 pm.
GP 96302 - Motion by Herfert and seconded by Wong to reject the bid of South -
Armstrong Construction west Industries as requested and accept the lowest responsible bid from
Armstrong Construction, Covina, in the amount of $208,800.00 as
submitted at the bid opening of February 11, 1997, and authorize the
Mayor and City Clerk to execute the contract. Motion carried 4-0-1
with Touhey absent.
APPROVAL OF THE MASTER LANDSCAPING PLANS FOR
AZUSA AVENUE MEDIAN FROM AMAR ROAD TO
BADILLO STREET
Council reviewed the staff report. Planning Director Collier presented
slides of the conceptual plans for the medians and City Engineer Glover
discussed the cost and funding issues.
Mayor Touhey returned to the meeting at 9:27 pm.
Mayor Pro Tern McFadden stated that he would not support this as he
felt the project was not a good expenditure of City funds. Council -
member Manners suggested that the plan was more extensive then it
need be and urged focus on the median between Badillo and Rowland.
She suggested doing the project in phases.
Motion by Herfert and seconded by Wong to approve the
conceptual master landscaping plan for Azusa Avenue median and
reconsider the construction of part or all of the plan during the 1997-98
Capital Improvement Program at which time the full financial impacts
of Proposition 218 will be known. Motion carried 4-1 with McFadden
voting no.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports.
ENVIRONMENTAL SERVICES No reports.
REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:50 pm to
continue the Redevelopment Agency Agenda. The City Council
reconvened at 10:12 pm with all members present.
City Council Minutes of 2/18/97
APPROVAL OF A COVENANT AND AGREEMENT AMONG
THE CITY OF WEST COVINA, WEST COVINA
REDEVELOPMENT AGENCY, AND EDWARDS THEATRES
CIRCUIT, INC.
Council reviewed the staff report and Councilmember Wong stated
that due to conflict of interest laws, he would abstain from the
discussion and the vote on this issue.
Covenant & Agreement Motion by Herfert and seconded by McFadden to approve and
it with Edwards Theatres authorize the Mayor and City Clerk to execute the agreement. Motion
carried 4-0-1 with Wong abstaining.
HUMAN SERVICES PROP A FUNDING FOR SCHOOL FIELD TRIPS
The staff report was presented by Assistant City Manager Wylie.
Prop A for school field trips Motion by Wong and seconded by Herfert to authorize staff to
seek MTA approval and the use of Prop A transportation funds of $5
per child in grades K through 6 who reside in West Covina for school
sponsored field trips. Motion carried 5-0.
PUBLIC SAFETY No reports.
ADMINISTRATIVE SERVICES No reports.
CITY MANAGER DISCUSSION OF SCHEDULING MARCH 4,1997 MEETING
Council discussed the fact that the City's election falls on the next
regular City Council meeting date and that an appeal hearing must be
held at the same time. Council concurred that elect night activities
should continue to be conducted in the Council Chambers and that the
City Council would hold the appeal hearing in the Management
Resource Center at 7:30 pm unless the appellant is agreeable to 6:00
pm.
APPROVAL OF DEMANDS Motion. by Herfert and seconded by McFadden to approve Demands
totaling $1,758,038.50 as fisted on check registers FI 167835 through
168105. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSTAIN: Herfert re SCE
Touhey re Community Food Bank
ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, thanked the two retiring Council -
members for their service to the City. He then commented on
Metropolitan Transportation Authority's Red Line subway project.
George Odgen, 1249 Valinda, announced the candidates forum
scheduled for tomorrow evening at St. Martha's Episcopal Church at
6:30 pm. He noted his appreciation for the video staff provided to
. each of the candidates.
MAYOR'S REPORTS OLDER AMERICANS DAY RECOGNITION
Council reviewed the staff report.
Motion by Herfert and seconded by Touhey to nominate Sally
Deniston as West Covina's honoree for the Older Americans Recogni-
tion Day. Motion carved 5-0.
City Council Minutes of 2/18197
COUNCILMEMBERS' REPORTS
LETTER FROM SUPERVISOR ANTONOVICH REGARDING
DIVERSION OF FUNDS TO METRO RED LINE
Metro Red Line Councilmember Herfert elaborated on the staff report and suggested a
letter of support be submitted to Supervisor Antonovich with a copy to
the Metropolitan Transportation Authority. Councilmember Manners
stated that she would take a copy of the letter to the upcoming COG
meeting, if it could be prepared by Thursday.
Motion by Wong and seconded by McFadden to prepare the
letter with appropriate copies. Motion carried 5-0.
ADJOURNMENT Motion by Herfert and seconded by McFadden to adjourn the meeting
at 10:34 pm. Motion carried 5-0.
Attest:
L�d
City Clerk Janet Repy