09-16-1997 - Regular Meeting - MinutesMINUTES
OF THE WEST COVINA CITY COUNCIL
SEPTEMBER 16, 1997
The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:37 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 Councilmember Herfert.
CALL TO ORDER Mayor Wong, Mayor Pro Tern Melendez, Councilmembers Herfert,
Howard, Touhey
Others Present: Starbird, Marten, Glover, Miller, Koniarsky, Distelrath, Collier,
Greene, Dunlap, McIsaac, King, Alcaino, Samaniego, Yoshizaki, Ure,
Palkhiwala, Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by Melendez to approve the minutes
of the special meeting of September 2, 1997, and the regular meeting
of September 2, 1997. Motion carried 5-0.
PRESENTATIONS With the assistance of Ben Sanchez, President of the West Covina
Express Soccer Club, Mayor Wong presented individual certificates of
recognition to each of the participants.
Mayor Wong proclaimed September 21 - 27 as NATIONAL REYE'S
SYNDROME WEEK and presented the proclamation to Jim Johnson,
District Vice President of the Reye's Syndrome Foundation.
Mayor Wong acknowledged the number of citizens in attendance to
discuss Item J-1 relative to the Hurst Ranch Foundation. With the
concurrence of Council, Mayor Wong moved the item forward for
discussion and consideration at this time.
CITY MANAGER REQUEST FOR FUNDS TO COMPLETE THE HURST
RANCH HISTORICAL FOUNDATION PROJECT
Council reviewed the staff report. The following individuals addressed
the City Council:
John Mordoff John Mordoff, 722 Grace Court, addressed Council as the
President of the Hurst Ranch Historical Foundation. He related the
work that has been done by the Foundation up to this point. The
group has 40 members.
Steve Cox Steve Cox, 1343 S. Hidden Valley Drive, addressed Council as
the Treasure of the Foundation, speaking to the effort made to ensure
the project is self-sustaining once opened.
Dan Edson Dan Edson, architect for the project, discussed the concepts for
the phases of the project and explained the renderings and model.
Lynn Zeller Lynn Zeller, Intern from the City Manager's Office, discussed
the fund raising components that will continue to raise funds and
revenues for the project.
Andra Simmons Andra Simmons, 1015 S. Citrus Street and daughter of Joe
Hurst, spoke enthusiastically about the project and the types of
programs envisioned for all ages of attendees.
Council Minutes of 9/16/97
City Manager Starbird noted that initially the primary focus was on
preserving the multitude of farm equipment and related paraphernalia
that have been stored on the site, but the committee has gone beyond
that to create an inviting teaching museum for the community. Mr.
Starbird stated that the City Council had earmarked $700,000 last year
for this project and would approve it upon the conclusion of a
• feasibility study. That having been done by the Committee, the money
can now be approved.
The City Council spoke very favorably of the project and its potential
for the City. Mayor Wong thanked the Hurst family for their
generosity.
Motion by Herfert and seconded by Touhey to approve the allocation
of $700,000 to the Hurst Ranch Historical Foundation, through a
reallocation of projects within the existing Capital Improvement
Program. Motion carried 5-0.
Recess Mayor Wong called a recess at 8:51 pm. The City Council reconvened
at 9:02 pm with all members present.
HEARING APPEAL OF ADMINISTRATIVE USE PERMIT NO.3
Appellant: Joanne Wilner
(on behalf of the homeowners of Tract # 18575)
Applicant: Fidel Bravo, 2945 Casa Linda Drive
Appeal of AUP #3 Mayor Wong explained that the Planning Commission approved
Administrative Use Permit No. 3 allowing the construction of a 2,124
± square foot two-story addition to an existing 1,850 ± square foot
residence. That action has been appealed and the matter set for this
evening as an appeal hearing before the City Council.
City Clerk Berry verified the legal noticing. Mayor Wong stated that
the applicant has asked that this matter be continued and the appellant
is not agreeable to that request. He suggested that both parties present
their position on the continuance of this matter and Council make a
decision to consider the matter this evening or continue it for another
time and date.
Request for continuance Kathryn Phillips, representing the applicant, stated that she was just
retained on the case and would like additional time to prepare, to better
represent her client.
Joanne Wilner, representing the homeowners, stated that her group
was not represented by counsel and is ready to proceed this evening.
Council discussed the pros and cons of the request. Mayor Wong
favored granting the request, noting that the neighborhood would
remain unchanged for the continuation period which coincides with the
ultimate. goal of the appellants.
Motion by Herfert and seconded by Touhey to deny the con-
tinuance. Motion carried 4-1 with Wong voting no.
Hearing proceeds Planning Director Collier presented a comprehensive staff report.
Public Testimony Mayor Wong asked for public comment from those in favor of the
appeal. The following persons addressed Council:
In Favor:
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Joanne Wilner Joanne Wilner, 2108 Casa Linda, presented a petition of neighboring
residents, 90% of which are homeowners within the tract. She
expressed concern that the proposed home would be out of character
for the neighborhood, and did not meet three of the findings required in
the City's mansionization code.
Barbara Packer Barbara Packer, 2100 Casa Grande, read a prepared statement which
included her reasons for concluding that the proposed two-story
structure is incompatible with the neighborhood.
Harold Greenberg Harold Greenberg, 2116 Casa Linda, felt the proposal was not
harmonious with the rest of the tract, would invade the privacy of the
neighbors, and would destroy the currently enjoyed scenic views.
Bernie Wilner Bernie Wilner, 2108 Casa Linda, presented a schematic of the existing
home with additional available space for expansion.
Richard Kreps Richard Kreps, 2042 Casa Grande, presented pictures from his back
yard. His back yard faces the back yard of the property in question.
Jack Irwin Jack Irwin, 2101 Casa Linda, presented pictures from his home and the
invasion of privacy that his family would experience.
Emilio Reyes Emilio Reyes, 2119 Casa Linda, explained that he decided against
building a second story at one point and increased his single story
residence instead. He would move if his neighbors built a second story
as proposed.
Royall Brown Royall Brown, 2153 Aroma Drive, spoke in favor of the appeal.
Tim LaBouff Tim LaBouff, 2038 Casa Grande, felt the proposed structure was not
harmonious and massive in scale.
Recess Mayor Wong called a recess at 11:10 pm. The City Council
reconvened at 11:29 pm with all members present.
In Opposition Mayor Wong asked for comments from those in opposition to the
appeal and the following addressed Council:
Kathryn Phillips Kathryn Phillips, applicant's attorney, requested the matter be con-
tinued so that the applicant, Mr. Bravo, can address the possibility of a
single -story addition and the architect can also respond to that
suggestion after reviewing measurements and feasibility of such a plan.
Council discussed her request and the City Attorney suggested that
Council discuss this further with her in closed session, pursuant to
Government Code § 54956.9 — potential litigation.
Closed session Motion by Touhey and seconded by Herfert for a closed
session to confer with legal counsel. Motion carried 5-0. The closed
session convened at 11:50 pm. The City Council reconvened at 12:07
am with all members present.
Mayor Wong stated that the Council desired to continue with
the testimony.
Ada Fernandez-DeLaRosa Ada Femandez-DeLaRosa, architect for the applicant, addressed the
concept proposed by Mr. Wilner under comments in opposition. She
explained that his particular proposal increasing the existing structure
could be done technically, but there would be no living space.
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Council Minutes of 9/16/97
Kathryn Phillips Kathryn Phillips showed pictures taken by the applicant to support his
desire to construct a second story to his home.
Mr. Bravo Mr. Bravo, the applicant, addressed the needs of his family and why he
was seeking approval for the second story addition.
Rebuttal Mayor Wong asked for rebuttal comments and the following spoke:
Bernie Wilner Bernie Wilner, 2108 Casa Linda, said he did not attempt to design a
home for the applicant but presented the enlarged single -story structure
to indicate feasibility only.
Joanne Wilner Joanne Wilner, 2108 Casa Linda, thought it ironic that the architect
would reference the CC&R prohibitions when negating the enlarged
single story concept but would ignore them as far as the second story
addition.
Barbara Packer Barbara Packer, 2100 Casa Grande, noted that Mr. Bravo had the
same opportunity to read the CC&R's as everyone else who has
purchased a home in the tract.
Testimony closed Mayor Wong closed the public testimony portion of the hearing and
commenced Council discussion.
Councilmember Herfert stated he would support the appeal.
Councilmember Touhey agreed.
Mayor Wong stated he was disappointed in the homeowners in their
refusal to agree to extending the hearing to afford the applicant a
chance to study the concept of expanding his single -story structure.
He said he could not support the appeal.
Motion Motion by Herfert and seconded by Touhey to direct staff to bring
back a resolution with the appropriate findings to deny Administrative
Use Permit No. 3.
Mayor Pro Tern Melendez stated it was a beautiful home and it would
be welcomed elsewhere. He felt the privacy issues discussed by the
appellants were relevant and would support the appeal.
Councilmember Howard stated she would not support the appeal.
Action on motion Mayor Wong asked for a vote on the motion. Motion carried 3-2 with
Wong and Howard voting no. The resolution denying Admin-istrative
Use Permit No. 3 would be presented to Council on October 7, 1997,
for adoption.
HEARING STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, 1997 EDITION: ADOPTION OF
ORDINANCE
Mayor Wong explained that an ordinance was introduce at the last
. Council meeting relative to the adoption of the 1997 Edition of the
Standard Specifications for Public Works Construction and set this
evening as the time and place for the public hearing. He suggested that
the hearing be. opened and held over until the next regular Council
meeting when it could be considered by Council at a decent hour.
City Clerk Berry verified the affidavit of publication. Mayor Wong
opened the hearing and entertained a motion to continue.
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Council Minutes of 9/16/97
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PP 98201 -
Whelan Construction
$219,892.00, as submitted at the bid opening and authorize the Mayor
and City Clerk to execute the contract.
PP 98201 — Landscape, Irrigation, Security Lighting and Picnic
Shelters at Sunset Field
Recommendation is to accept the bid of Whelan Construction, West
Covina, in the amount of $56,196.00 as submitted at the bid opening of
September 9, 1997, and authorize the Mayor and City Clerk to execute
the contract.
Miscellaneous — Public Works
Distribution of Metropolitan Water District (MWD) Refunds
MWD Refunds Recommendation is to approve the disbursement of surplus funds
obtained from MWD to eligible customers and authorize the City
Engineer to proceed wit the refund distribution.
Parking Restrictions for Fanners' Market
Farmers' Market parking - Recommendation is to adopt the following resolution:
Resolution 9491 RESOLUTION NO. 9491 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, ESTABLISHING A TOW -AWAY ZONE ON SATURDAYS
FROM 4:00 AM THROUGH 6:00 AM IN THE CITY PARKING
LOT EASTERLY OF GLENDORA AVENUE BETWEEN LAKES
DRIVE AND DALEWOOD STREET
Miscellaneous — Environmental Services
1996 Waste Diversion Annual Report
Recommendation is to receive and file the annual report and authorize
staff to submit it to the California Integrated Waste Management
Board. "
BKK Landfill Closure Plans — Status Report
Recommendation is to receive and file the status report.
Miscellaneous — Police Department
Taxi Cab. Certification Taxi Cab Certification by Outside Agencies
Recommendation is to approve the procedure of allowing other City
permits as fulfillment of our background investigation, provided they
meet the same Municipal Code criteria as the City of West Covina.
CONSENT CALENDAR MOTION Motion by Melendez and seconded by Touhey to waive further reading
of the resolution and adopt, and to- approve all other items fisted,
except C-2a, C-7a, and C-7b. Motion carried by. roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
C-2a and C-7a Motion by Touhey and seconded by Melendez to hold over Items C-2a
(8/12/97 Summary of Actions for the Community Services Com-
mission). and C-7a (MWD Refunds) until the October 7 Council
meeting. Motion carried 5-0.
C-7b Motion by Touhey and seconded by Herfert to waive reading and
adopt Resolution No. 9491 (re parking restrictions for the Farmers'
Council Minutes of 9/16/97
Hearing continued to 10/.7/97 Motion by Touhey and seconded by Herfert to continue the opened
hearing until the City Council meeting of October 7, 1997. Motion
carried 5-0.
CONSENT CALENDAR Written Communications
A letter was received from Bruce Leinbach requesting to speak about
the current Council meeting manner in which comments relating to
non -Agenda items are taken at the end of the meeting.
Commissions' Summary of Actions (receive & file)
Community Services Commission 8/12/97
Planning Commission 9/9/97
Senior Citizens' Commission 8/16/97
Claims for Action (deny and notify claimant)
On May 27, 1997, the City Clerk's Office received a claim from Judith
Hart/Automobile Club for property damage amounting to $590.00.
On July 23, 1997, the City Clerk's Office received a claim from
Richard Puglisi for property damage amounting to $326.24.
On July 16, 1997, the City Clerk's Office received a claim from Dena
Marette for tire damage amounting to $303.39.
Temporary Use Permits (receive and file)
TUP #2414-97 was issued to La Mesa RV at 730 South Orange (K
Mart) for an RV show from 8/28/97 to 9/8/97.
Acceptance of Improvements/Release of Bonds
PP 824 - Location: 444 S. Glendora Avenue
Ara Terminassian & Recommendation is to accept on -site and off -site improvements and
Robert Yoohanna release American
Award of Bid
MD No. 4 — Maintenance of Landscape, Natural Areas, Hardscape,
and Sprinkler Systems
MD #4 - Recommendation is to accept the bid of Azteca Landscape, Pomona,
Azteca Landscape for a five year contract in the amount of $1,455,165.00 ($291,033
annually) and execute the agreement.
Los Angeles County/West Covina Civic Center — Maintenance of
Landscape. Hardscape and Sprinkler Systems
Civic Center - Recommendation is to accept the bid of Spectrum Care, Foothill
Foothill Ranch Ranch, for a five year contract in the amount of $273,000.00
($54,600.00 annually) and execute the agreement.
SP 97102 — Street Rehabilitation Work —
Asphaltic Concrete Overlay
SP 97102 - Recommendation is to take the following actions:
Ruiz Engineering Company Transfer: $41,490 (Capital Projects Fund) from SP 96101
. 14,100 (Construction Tax Fund) from SP 96101
9,347 (CDBG) from SP 96106
34,687 (Proposition 111) from SP 96114
8,723 (Proposition 111) from SP 97115
38,000 (CDBG) from SP 97106
10,000 (Proposition 111) from SP 98101
To: SP 97102. (Total transfer: $157,000)
Accept the bid of Ruiz Engineering, Long Beach, in the amount of
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Council Minutes of 9/16/97
Market). Motion carried 4-0-I with Wong abstaining (conflict of
interest).
PUBLIC WORKS No reports for this meeting.
• WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES No reports for this meeting.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 1:20 am to con-
vene the Redevelopment Agency. The City Council meeting recon-
vened at 1:21 pm with all members present.
HUMAN SERVICES No reports for this meeting.
Due to the lateness of.the meeting, Council concurred that several of
the agendized items would receive full consideration if taken at a later
time. They agreed on meeting again at 5:30 PM on September 23,
1997 in. the Management Resource Center. Those items are noted
below.
POLICE DEPARTMENT URGENCY ORDINANCE PROHIBITING THE UNSAFE
LOADING AND/OR UNLOADING OF STUDENTS ACROSS
This item to be considered on September 23.
PERSONNEL SERVICES 1) MEETING AND CONFER IMPASSE —
WEST COVINA F REFIGHERS' ASSOCIATION
This item to be considered on September 23.
2) FEDERAL MINIMUM WAGE ADJUSTMENTS
This item to be considered on September 23.
RISK MANAGEMENT APPOINTMENT OF ICRMA SUBSTITUTE ALTERNATE
This item to be considered on September 23.
CITY MANAGER REQUEST FOR FUNDS TO COMPLETE THE HURST
RANCH HISTORICAL FOUNDATION PROJECT
This item was considered earlier in the meeting.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve Demands
totaling $1,108,213.73 as fisted on check registered FI 172315 through
172562. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
. ORAL COMMUNICATIONS
MAYOR'S REPORTS
No comments offered.
No reports for this meeting.
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Council Minutes of 9/16/97
COUNCILMEMBERS' REPORTS
CHANGES IN LOS ANGELES COUNTY SANITATION
DISTRICTS' RULES FOR SEWER CREDITS
This item to be considered September 23.
ADJOURNMENT Motion by Melendez and seconded by Herfert to adjourn the meeting
at 1:22 am. Motion carried 5-0. The City Council will meet at 5:30
PM in the Management Resource Center on September 23nd to
consider the items so noted herein.
Attest:
City Cleik Janet Berry