05-18-1993 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
• WEST COVINA CITY COUNCIL
May 18, 1993
. The regular meeting of the West Covina City Council was called to order by Mayor
Jennings at 7:33 pm in the City Hall Council Chambers, 1444°W. Garvey Avenue, West
Covina. The Invocation was given by Stuart York and the Pledge of Allegiance was
led by Councilmember Manners.
ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Councilmembers
Herfert, Manners, McFadden
Others Present: Starbird, Orr;., Hanna, Collier, Thomas, Miller, Gardner,
Virata, Salazar, Greene, Glover, Bonaparte, Pullin,
Samaniego, Holmes, Koniarsky, Hoppe, Jarrin, Berry
APPROVAL OF MINUTES Motion by Manners, seconded by McFadden, and unanimously
carried to approve the minutes of the regular meeting of
April 20, 1993.
Motion by Manners, seconded by Herfert, and unanimously
carried to approve the minutes of the special meeting of
May 4, 1993.
Motion by Manners, seconded by McFadden to approve the
minutes of the regular meeting of May 4, 1993. Motion
carried with Herfert abstaining (absent from meeting).
HEARING
AMENDMENT 'NO. '238 - DRIVE -THROUGH RESTAURANTS
Amendment No. 238 establishes performance standards for
drive -through restaurants.
City Clerk Berry verified the affidavit of publication.
Mayor Jennings opened the hearing and the staff report
was presented by Planning Director Collier. Mr. Collier
Amendment No. 238
responded to questions of:Council;:;clarifying the intent
of the amendment as to flexibility and options that
would be available to applicants and staff members.
Mr. Collier stated that the operatingchours.:.proposed
in the ordinance would be deleted and that operating
hours would be addressed on a case-by=case basis. Also
discussed was the reference to Section d.iii of the
performance standards requiring a graffiti removal plan
be submitted to the Planning Commission. It was felt
that graffiti removal should be universallyvapplied
throughout the City and a future ordinance would be
more appropriate to deal with this issue.
Mayor Jennings opened the public testimony portion of
Public Testimony
the hearing and asked for comments from the audience.
The following individuals addressed Council:
Sandra Darling
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Sandra Darling, McDonald's operator at the Barranca site,
was concerned about the difficulty in complying with
the standards if McDonald's were to upgrade their
facility in the future. She was also concerned about
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restrictions for -exterior cleaning.and deliveries at_.
restaurant
.the
Royal Brown
Royal Brown, 2153 Aroma Drive, spoke favorably of the
proposed amendment.
CITY COUNCIL MINUTES
May 18, 1993
Page Two
Bill Brownstein
Bill Brownstein, McDonald's operator at Azusa/Valley,
was also concerned about compliance if and when his
facility is upgraded.
Rod Lucio
Rod Lucio, Real Estate Represenative of McDonald's
Corporation, reiterated his concerns as stated in his
letter of May 18, 1993, and encouraged Council and staff
to maintain flexibility when working with Quick Service
Restaurant retailers.
Larry Feemstern
Larry Feemstern of In-N-Out Burgers expressed concern of
the dominoceffect - that once one city implements a
restrictive ordinance other cities will follow suit.
Iris Delameter
Iris Delameter, 1212 W. Eckerman, was concerned that
with so many restrictions,prospective retailers will
look elsewhere to set up business.
Bill Brutocoa
Bill Brutocoa, legal representative for'McDonald's,
referred to his letter of May 18, 1993, encouraging
the City to preserve flexibility. -'He was.also'cohcerned
that-�the"guidelines may-.become.mandator.y.later.
Corey Warshaw
Corey Warshaw, 3330 Holt Avenue, stated that as a resi-
dent in opposition to the McDonald's development on
Barranca a couple of years ago, neither'the.residents
nor the applicant had guidelines to follow. He felt
the proposed ordinance is very clear in delineating
expectations for parties on both sides of such..develop-
ments.
Bill Brownstein
Bill Brownstein stated that all the matters addressed
in the amendment have been addressed previously and
the proposed ordinance was unnecessary.
Public
There being no further comments, Mayor Jennings closed
—Testimony —closed
the public testimony portion of the hearing,and commenced
Council discussion.
Council discussion
Councilmember McFadden felt that the ordinance makes it
very clear to everyone concerned as to what the applicant
and residents may expect with proposed developments,,.and
that there is some leeway built into the ordinance.
Councilmember Manners agreed, finding=the amendment to
be flexible. She added that every drive-thru restaurant
is considered individually through the UUP process. She
noted that the Council is not anti -business, and in fact,
the Chamber of Commerce Executive Board reviewed the
proposed ordinance and recommended adoption.
Councilmember Herfert noted that for the last year and -a -
half, the Council has been very proactive towards busi-
nesses. Although the intent of the amendment is good,
he believed it wasn't necessary and restrictive to first
time businesses. Business.expansions can be handled
• through the UUP process. He was concerned about
ambiguous terms such as "discretionary" and "may."
Mayor Pro Tem Wong felt the situation was ambiguous now
Ap
because there are currently no guidelines or standards.
The elimination of operating hours is good, providing
further_flexibility.in'addressing businesses on an
individual basis. Both sides of the aisle -will know
from the onset what can be expected with a potential
drive-thru restaurant.
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CITY COUNCIL MINUTES
May 18, 1993
Page Three
Mayor Jennings addressed the importance of having guide-
lines for all concerned parties.
City Clerk presented:
Ordinance introduced -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
Amendment No. 238
COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE, CHAPTER 26 (ZONING), AS IT RELATES TO DRIVE -THROUGH
RESTAURANTS
Motion by McFadden, seconded by Manners to waive
further reading of the ordinance and introduce with
modified language to Section d.i and d.ii (those being:
d.i - delivery hours MAY be limited to ... and d.iii -
hours of operation to be eliminated).
An amendment was offered by Mayor Pro Tem Wong to
delete reference to a graffiti removal plan (contained
in d.iii). Councilmember McFadden concurred with the
ordinance but not deleting the reference to the graffiti
removal plan. Councilmember Manners concurred with the
amendment and it was included in the motion. The motion
carried by the following vote:
AYES: Manners, McFadden, Wong, Jennings
NOES: Herfert
HEARING
AMENDMENT NO. 255 - AUTO 'REPAIR 'IN RESIDENTIAL ZONES
Amendment No. 255 addresses excessive auto repair
Amendment No. 255
activities and inoperable vehicle storage in residential
zones.
Staff report by Planning
City Clerk Berry verified the affidavit of publication.
Director Collier
Mayor Jennings opened the public testimony portion of
the hearing and asked for comments. The following persons
addressed Council:
Public -Testimony
George Ogden, 1249 Valinda, asked for a clarification
regarding vehicle registration requirements for owners
George Ogden
wishing to work on their cars. Mr. Collier responded.
Bridgette Bogdonoz, 221 S. Turner, complained about her
Bridgette Bogdonoz
neighbor who apparently works on cars continuously as
a side business. She presented a tape of her neighbor
using an air compressor until very late in the evening.
Public
There being no further comments, Mayor Jennings closed
—Testimony —closed
the public testimony portion of the hearing. He asked
staff to explain the proper procedure to use when a
resident is imposing on his/her neighbors. Staff
responded.
Council discussion
Councilmember Manners stated that the City has had a lot
of problems in this area of code enforcement and without
an ordinance such as the one proposed, it has been
difficult to curtail the ongoing situations. She sug-
gested the ordinance restriction,for beginning auto
repairs be changed from 7'am to 8 am and limit the
number of vehicles per month from 2 to 1 re those that
are not registered to the occupant.
Councilmember McFadden agreed, but was also concerned
about permitting repairs, sandblasting, and painting
in the front yard. He also suggested some regulations
regarding mechanical fluids, etc., in open containers.
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CITY COUNCIL MINUTES May 18, 1993
Page Four
Councilmember Herfert noted that the intent of this
proposed ordinance is to target the abusers, not the
citizen who is repairing his car which happens from time
to time, and therefore was supportive of the ordinance.
Mayor Pro Tem Wong agreed, noting code enforcement has
had trouble proving those people who are constantly,
working on cars, more as a business than out of necessity.
City Clerk presented:
AN ORDINANCE OF THE CITY COUNCILSOF THE CITY OF
Ordinance introduced - WEST COVINA, CALIFORNIA, ADOPTING AN AMENDMENT TO CERTAIN
Amendment No. 255 SECTIONS OF THE WEST COVINA MUNICIPAL CODE, CHAPTER 26
(ZONING), REGULATING EXCESSIVE AUTO REPAIR ACTIVITIES
AND INOPERABLELVEHICLE STORAGE ON RESIDENTIAL PROPERTY
(Amendment No. 255)
Motion by Manners, seconded by Wong to waive further
reading of the ordinance and introduce, with an amendment
that no work is to begin before 8:00 am and the number of
vehicles not registered to the occupant be restricted to
one per month.
An amendment was offered by McFadden to limit body
work and use of compressors in.areas which are not
visible to the public. Thiseamendment::died for.lack of
a second. He offered another amendment that would require
the auto repairer to remove tools, fluids, equipment and
other debris from the front yard when not working on the
car or 8:00 pm, whichever comes first. This amendment
died for lack of a second.
Mayor Jennings asked for a vote on the original motion
containing the two changes as suggested by Manners. The
motion carried with Herfert and Jennings voting no.
Councilmember Herfert explained his W issenting.
vote - he preferred the Planning Commission's recom-
mendation. Mayor Jennings felt that limiting the number
of vehicles not registered to the occupant to one per
month was overly restrictive.
Councilmember Manners preferred a unanimously vote
on this whole issue. Noting her preference for one
"outside" vehicle per month was not set in concrete,
she moved to waive further reading and introduce the
ordinance with the one limitation of no work to commence
before 8:00 am. Mayor'.Pro Tem Wong seconded and the
motion carried by.theefollowing roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
Recess Mayor Jennings called a recess at 10:14 pm. Council
reconvened at 10:20 pm with all members present.
AGENDA'AN➢ ORALCOMMUNICATIONS
Executive Director of the San Gabriel Valley Consortium,
Sal Velasquez, addressed Council regarding F-2 ( the
Sal Velasquez Graffiti Removal Contract).
Iris Delameter, 1212 W. Eckerrrian, commented on F-1
(Materials Recovery Facility report). She stated her
Iris Delameter reservations about usingAthens/NRT.
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CITY COUNCIL MINUTES
CONSENT CALENDAR
Written Communications
May 18, 1993
Page Five
(none received)
Commissions' Summary of Actions (receive & file)
Planning Commission 5/11/93
Claims for Action (deny and notify claimant)
On March 19, 1993 Foothills Transit and Mary I. Legaspi
filed a claim for indemnification pertaining to a
vehicle accident.
On April 22, 1993 Sophia Skibinski filed an application
for leave to present a late claim for personal injuries.
The amount of claim had not been determined at time of
presentation.
Approval of Final Maps (adopt resolution)
Resolution 8969 - RESOLUTION NO. 8969 - A RESOLUTION OF THE CITY
Parcel Map 22816 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL PARCEL MAP 22816 AND DIRECTING THE
RECORDATION THEREOF (Unocal)
Resolution 8970 - RESOLUTION NO. 8970 - A RESOLUTION OF THE CITY
South Hills Homes COUNCIL OF THE CITY`OF WEST COVINA, CALIFORNIA,
Partnership APPROVING LOT LINE ADJUSTMENT NO. 103 AND DIRECTING
THE RECORDATION THEREOF (South Hills Homes Partnership)
Award of 'Bids
IS 93116 = CBD Traffic Signal Monitoring System
IS 93116 - Recommendation is to authorize negotiations for a con=
City to negotiate tractor to complete the work in an amount not to exceed
for. a contractor $10,000 as no bids were received by the deadline of
May 4, 1993.
Temporary -'Use Permits/Administrative Review Board
TUP #2116-93 was issued to Chapter 14, 173rd Airborne
Brigade,'.for a parachute jump at Edgewood Middle School
on May 8, 1993.
TUP #2118-93 was issued to E.S.G.V Japanese Center,
1203 W. Puente, for a yard sale on May 6, 1993.
Administrative Review Board re Driveway Modification #79
Applicant: Wayne Wei-Te Wu
Address: 2720 Sunset Hill Drive
Request: Circular Driveway
ARB Decision: Approved
Acceptance of Improvements and/or Release of Bonds:
MP 92116 & MP 92117, MD 6 & 7 - California Landscape
Design
California Landscape Recommendation is to accept landscape improvements
Design and release American.Motorists, Inc. Bond #3SM77800700
in the amount of $43,195.00 subject to Notice of Com-
pletion procedure.
CITY COUNCIL MINUTES
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May 18, 1993
Page Six
Parcel Map 19822 - UBS Partners
4P UBS Partners Recommendation is to acknowledge Certificate of Security
and release $3,000 cash deposit.
Miscellaneous - Building & Engineering Dept.
uarterly Construction Report - First Ouarter
Recommendation is to receive and file the summary report
of major construction activity for the quarter ending
March 31, 1993 as "reflected by the Building Department
permits issued.
Miscellaneous = Finance Department
Surplus Property - Adopt Resolution
Resolution 8971 - RESOLUTION NO. 8971 - A RESOLUTION OF THE CITY
Surplus property COUNCIL OF THE CITY -OF WEST COVINA, CALIFORNIA, DE-
CLARING CERTAIN CITY PROPERTY AS SURPLUS
Miscellaneous -:Planning Department
BKK Landfill Ridgeline Grading Proposal
Recommendation is to direct staff to advertise the BKK
Landfill Ridgeline Grading proposal -for public hearing
on June 2, 1993.
Items pulled for discussion City Manager Starbird stated that June 2, 1993 would
be difficult and recommended that the BKK Landfill
Ridgeline Grading Proposal be scheduled for June 7, 1993
and postpone the previously scheduled joint meeting with
the Human.Services Commission for that date to another
date.
CONSENT CALENDAR MOTION
Motion by Herfert, seconded by Wong to waive reading
the resolutions and to adopt, and to approve all other
items listed on the Consent Calendar. Motion carried
by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ENVIRONMENTAL SERVICES
1) GRAFFITI REMOVAL CONTRACT
Environmental Services Director Miller elaborated
on the staff report. Council discussed the compen-
sation issue, the'.possibility of incorporating into
future RFPs the City graffiti removal work, and the
Graffiti Removal contract
comments bffered earlier by Mr. Velasquez. Dis-
with S.G.V. Consortium
cussion also ensued regarding the Boys and Girls
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Club of:the S.:G. Valley working on an interim basis
at a maximum cost of $6,000 per month.
Mr'.'Velasquez stated that his maincconcern'is
to eradicate graffiti in the community and would ..c
honor the current terms of the contract until its
termination in August; however, if there is a con-
tractor who can do the job more economically then
the Consortium would step out of the contract.
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CITY COUNCIL MINUTES
May 18, 1993
Page Seven
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Mr. Velasquez stated further that the telephone
number can be transferred to the interim contractor
for continuity in service and:the Consortium would
be cooperative in any other transferences required.
City Attorney Hanna related the proper steps at
this point for Council to handle this matter.
City Manager Starbird noted several upcoming
Council meetings where this subject could be pro-
perly agendized for action and that a meeting between
staff, the Boys Club, -and the Consortium would be
advisable to work out the transition details.
Motion by Manners, seconded by McFadden, and
unanimously carried to not approve an adjustment
in the contract with the E.S.G.V. Consortium, direct
staff to meet with the Consortium and the Boys Club
for an interim transfer.of.the responsibilities under
the graffiti eradication program, and proceed with
the RFP process.
2) RESOLUTION AUTHORIZING ENFORCEMENT ASSISTANCE GRANT
APPLICATION
Council reviewed the staff report.
City Clerk presented:
Resolution 8972 - RESOLUTION NO. 8972 - A RESOLUTION OF THE CITY
Application for Enforcement COUNCIL OF THE CITY -OF WEST COVINA, CALIFORNIA,
Assistance Grant ($20,000) AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR AN
ENFORCEMENT ASSISTANCE GRANT
Motion by McFadden, seconded by Wong, and unani-
mously carried to waive further reading of the
resolution and adopt.
3) MATERIALSRECOVERY FACILITY REPORT
Environmental Services Director Miller elaborated
on the staff report.and responded to questions.
City Manager Starbird explained the financial
Materials Recovery Facility strength gained by Athens/NRT in-adding.Hambro
report Incorporated,to-their.team._
Mayor Jennings expressed his reluctance in
financially assisting Athens/NRT in land acquisition,
construction, or street modifications necessary to
make the project come to fruition. He felt strongly
that the:,'MRF:project should not include a financial
investment on the part of the City.
Motion by Herfert, seconded by McFadden to approve
the following recommendations. Motion carried with
Jennings voting no.
a) Receive and file the report from Public Finan-
cial Management on the Review of Project Economic
Feasibility and Project Development Options for the
Athens Disposal Company/National Recovery Technol:- '..
ogies; Inc. Material Recovery Facility;
b) Approve the appropriation of $50,000 from un-
appropriated Integrated Waste Management Fee Fund
reserves to 129-320-2312-6120 and approve the ex-
tension of the contract with Public Financial
Management, Inc. to provide consulting services
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CITY COUNCIL MINUTES May 18, 1993
Page Eight
to assist in the development of the financial agree-
ments between the City and Athens/NRT and provide
financial review services of the MRF financial com-
ponents with the same terms contained in the
existing agreement;
c) Authorize staff to continue meeting with Athens/
NRT to develop the MRF financial package; and
d) Authorize staff to negotiate the business points
of a development agreement between the City and
Athens%NRT.
REDEVELOPMENT AGENCY Mayor Jennings recessed the City Council meeting at
12:07 am tolconvene the Redevelopment Agency. The
City Council reconvened at 12:13 am with all members
present.
HUMAN SERVICES No reports scheduled for this meeting.
PUBLIC SAFETY
SERVICES
No reports scheduled
for this meeting.
ADMINISTRATIVE
SERVICES
FINANCE'DEPARTMENT
City Manager Starbird stated that Council had taken action
Purchase.of public,safety on the following two Finance Department items at the last
vehicles through Ford Motor Council meeting and as a follow-up,'it..was"_necessary to
Credit Company adopt the proposed resolutions. These resolutions could
be adopted in a single motion.
City Clerk presented:
Resolution 8973 - RESOLUTION NO. 8973 - A RESOLUTION OF THE CITY
Lease/Purchase of 9 i e COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING STAFF
vehicles for FY 93/94 TO NEGOTIATEIAND THE MAYOR TO EXECUTE A LEASE/PURCHASE
AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR THE FINAN-
CING OF THE ACQUISITION OF NINE (9) POLICE PATROL UNITS
RESOLUTION NO. 8974 - A RESOLUTION OF THE CITY
Resolution 8974 -
COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING STAFF TO
Lease/Purchase of 21-c,lic,.
NEGOTIATE AND THE MAYOR TO EXECUTE A LEASE/PURCHASE
vehicles for FY 94/95
AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR THE FINAN-
CING OF THE ACQUISITION OF TWENTY-ONE (21) POLICE UNITS
Motion by Wong, seconded by Herfert, and unanimously
carried to waive further reading of the resolutions and
adopt.
RISK MANAGEMENT
1) GENERALIAND AUTO LIABILITY CLAIMS ADMINISTRATION
CONTRACT RENEWAL
• General & Auto Liability
Counci6eviewed the staff report.
Claims Administration -
Motion by Herfert, seconded by McFadden, and
Colen & Lee
unanimously carried to execute the Service Renewal
Agreement with Colen and Lee, establishing monthly
service fees of $2,590.00 beginning July 1, 1993
and continuing in effect until cancelled by either
party.
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CITY COUNCIL MINUTES
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May 18, 1993
Page Nine
COMPENSATION CLAIMS ADMINISTRATION
Council reviewed the staff report.
Workers' Comp. Claims Motion by Herfert, seconded by McFadden, and
Administration - unanimously carried to execute the Service Renewal
Colen &.Lee:c Agreement with Colen and Lee, establishing monthly
service fees of $5,040.00 beginning July 1, 1993
and continuing in effect until cancelled by either
party.
GENERAL ADMINISTRATION CITY ATTORNEY
City Attorney Hanna reported no closed session necessary
this evening.
CITY MANAGER
FY:' 93/94+'BUDGET.'PROCESS
Council reviewed the proposed calendar and concurred on
the following dates and times:
Tuesday, May 25 - City and RDA Operating Budget
7:00 pm in the MRC
Tuesday, June 8 - Chamber Budget &-Gombined:Funds Budgets
6:00 pm in the MRC
Monday, June 21 - Operating and CIP Budget Review
7:00 pm in the MRC
APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve Demands
totaling $1,914,557.12 as listed on check registers
FI 139646 through 139998. Motion carried by roll call
vote:
AYES: Herfert, Manners;`'McFadden, Wong, Jennings
NOES: None
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS No comments offered.
COUNCILMEMBERS' REPORTS Mayor -Pro Tem Wong discussed a Foothill Transit Zone
plague and the SGVCCC Economic Outl6ok'.Conference next
Wong week in Pasadena.
Councilmember Herfert discussed a Traffic Committee
item: Vine/Glenn Alan stop sign. He also reported
Herfert that Merle Fisher, SHOP volunteer, is in the hospital
with broken ribs.
ADJOURNMENT
Motion by Herfert, seconded by McFadden, and unanimously
carried to adjourn the meeting at 12:28 am to 7:00 pm
on May 24, 1993. ^ _ h
ATTEST
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City Clerk