10-18-1994 - Regular Meeting - Minutes•
M I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 18, 1994
The regular meeting of the West Covina City Council was called to order
by Mayor McFadden at 7:47 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Councilmember
Manners and the Pledge of Allegiance was led by Mayor McFadden.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert,
Councilmembers Manners, Touhey, Wong
Others Present: Starbird, Keating, Miller, Collier, Orr,
Samaniego, Salazar, Thomas, Yoshizaki, Glover,
Greene, Patton, Jones, Distelrath, Berry
APPROVAL OF MINUTES Motion by Wong and seconded by Manners to
approve the minutes of the special meeting
of October 4, 1994. Motion carried with
Herfert abstaining (absent from 10/4 mtg).
PRESENTATION From the Mt.San Antonio College Wildlife
Sanctuary, Natural Sciences Division Dean
Larry Redinger and Biology Professor Craig
Peterson presented a slide show on the
Wildlife Sanctuary Restoration Project, a
project resulting from the accidental dis-
charge of chlorinated water into the
sanctuary in November, 1992.
PROCLAMATIONS Mayor McFadden read the proclamation for
the 50th Anniversary Celebration of the
United Nations (10/94 - 10/95).
Cheryl Zimmerman, Public Relation Chair for
the Venture Club of Covina/West Covina
accepted a proclamation proclaiming October
16 through 22, 1994 as VENTURE WEEK.
HEARING PUBLIC HEARING ON PROPOSED POWER GENERATOR TAX
AND INCREASE IN TAX RATE FOR SANITARY LANDFILL
SITES AND FACILITIES
Mayor McFadden explained that a required public
meeting on this matter was held on october 4 and
the required public hearing has been set for
this evening. City Clerk Berry verified the
affidavit of publication.
Mayor Pro Tem Herfert noted that he would be ab-
staining from the discussion and vote on these
matters, pending a ruling from the Fair Polit-
ical Practices Commission regarding a potential
conflict of interest.
The staff report was presented by City Manager
Starbird.
Written Communications Mayor McFadden asked if any written communica-
tions had been received. City Clerk Berry
stated that two letters, had been received from
BKK in opposition: one dated August 16th and the
City Council Minutes of 10/18/94
FA
other dated October 7, and both attached to the
staff report. City Manager Starbird noted there
is a general response in the staff report to
BKK's claim that the imposition of the generator
tax is in violation of Article 13 of the Cali
fornia Constitution.
Public -Testimony Mayor McFadden asked for comments in favor of
either or both of the proposals. The following
addressed Council:
Jean Arneson Jean Arneson, 1116 Donna Beth, favored both
and noted that she has been urging Council to do
this for quite some time.
Royall Brown Royall Brown, 2153 Aroma Drive, commented
on a letter from BKK to the EPA, and then urged
Council to support both issues at hand.
Mayor McFadden asked for comments in opposition
to either or both of the proposals and no one
addressed Council. The public testimony portion
Testimony Closed of the hearing was closed.
City Attorney Hanna explained the purpose of the
ordinance and the `findings contained therein.
She also discussed the comments made by Gary
Koval in the August 16th letter, including the
Proposition 13 reference.
Councilmember Touhey asked for the last para-
graph of the October 7th letter be read aloud as
the City Clerk did not read it. City Clerk
Berry read the paragraph.
Councilmember Manners asked about the impact to
the residences of the additional 5% in the BKK
business license tax. Environmental Services
Director Miller responded that it would be
approximately an additional $.04 to $.05 a month
on the residential trash bill.
Councilmember Touhey asked for a clarification
regarding the omitted paragraph in the letter
read by the City Clerk. City Attorney stated
that particular paragraph was not relevant to
the public hearing matter and had instructed the
City Clerk not to read it. It was decided that
henceforth, letters would. be read in their
entirety.
Councilmember Wong suggested that the two
matters at hand be held over until the ruling
from the FPPC has arrived regarding Mayor Pro
Tem Herfert's situation. Council discussion
followed and Councilmember Manners noted she had
no problem with moving forward on the generator
issue, but favoed no action on the business
license portion of the hearing. Mayor McFadden
wanted to move forward on both issues, as he has
been pushing for them for a long time.
• Motion Motion by McFadden and seconded by Touhey to
waive reading of the ordinance and introduce.
Councilmember Wong stated he would abstain for
a number of reasons - one being that the City
will have to spend money on litigation costs
against BKK once the ordinance is adopted.
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City Council Minutes of 10/18/94 3
City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADDING WEST
COVINA MUNICIPAL CODE SECTION 14-69 REGARDING A
BUSINESS LICENSE TAX ON POWER GENERATORS
Motion above carried by the following roll
call vote:
AYES: Manners, Touhey, McFadden
NOES: None
ABSTAIN: Herfert, Wong
Motion by McFadden and seconded by Touhey to
direct staff to bring back the resolution on
November 1, 1994. Motion carried by roll call
vote:
AYES: Manners, Touhey, Wong, McFadden
NOES: None
ABSTAIN: Herfert
AGENDA AND ORAL COMMUNICATIONS
Iris Delameter Iris Delameter, 1212 W. Eckerman, stated that
the Quarterly Construction Activity Report (C-
9b) speaks well of West Covina.
Jean Arneson Jean Arneson, 1116 Donna Beth, supported the
concept of transferring BKK issues from the
Planning Commission to the Waste Management/
Environmental Quality Commission (F-2).
Frank Robinson Frank Robinson, 1838 E. Norma, who lives behind
the Auto Center, complained about the noise
pollution caused by Toyota's P.A. and telephone
system. City Manager Starbird stated that the
Planning staff will meet with the car dealers.
CONSENT CALENDAR Written Communications (receive & file)
Letter addressed to Mayor McFadden from Super-
visor Michael Antonovich re the County's
scheduled public hearing on the CFD assessment
for the County Public Library.
Commissions' Summary of Action (receive & file)
Planning Commission . . . . . 10/11/94
Claims for Action (deny & notify claimant)
On August 10, 1994 the City Clerk's Office
received a claim for property damages amounting
to $48.83 from Diane Beeman.
On September 22, 1994 the City Clerk's Office
received a claim for monetary loss amounting to
$370.00 from Ruben L. Guerrero.
Approval of Final Maps (adopt resolution)
• Parcel Map 23850 - Egidio Puppi
Location: NW corner of Valley and Nogales.
Resolution 9147 - RESOLUTION NO. 9147 - A RESOLUTION OF THE
Parcel Map 23850 CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP
NO. 23850 AND DIRECTING THE RECORDATION THEREOF
(Egidio Puppi)
City Council Minutes of 10/18/94 4
Parcel Map 23716 - W.C. Redevelopment Agency
Location: SE corner of Azusa and South Garvey.
Resolution 9148 - RESOLUTION NO. 9148 = A RESOLUTION OF THE
Parcel Map 23716 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
23716 AND- DIRECTING THE RECORDATION THEREOF
(West Covina Redevelopment Agency)
Temporary Use Permits (receive & file)
TUP #2202-94 issued to ESGV Japanese Community
Center, 1203 W. Puente, for festival on October
1, 1994.
TUP #2207-94 was issued to Foothill Community
Mental Health Center, Eastland Shopping Center,
for Family Harvest Festival on October 15, 1994.
TUP #2208-94 was issued to Nelson McKay, Aris
helicopter, The Lakes, for helicopter air con-
ditioner installation on October 1, 1994.
TUP #2209-94 was issued to Amstead Management at
Glen Vine Square, for sidewalk sale on October
land 2, 1994.
Ordinances for Adoption (waive reading & adopt)
Ordinance.1944 -
ORDINANCE NO. 1944 - AN ORDINANCE OF THE
Zone Change 643
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE
BY AMENDING THE OFFICIAL ZONING MAP (Zone Change
No. 643 - Faith Community Church)
Ordinance 1945 -
ORDINANCE NO. 1945 - AN ORDINANCE OF THE
Amendment 256
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE,
CHAPTER 26 (ZONING), AS IT RELATES TO THE ESTAB-
LISHMENT OF STANDARDS FOR RECYCLING COLLECTION
AND LOADING FACILITIES FOR NONRESIDENTIAL AND
MULTI -FAMILY RESIDENTIAL PROJECTS (Amendment No.
256)
Ordinance 1946 -
ORDINANCE NO. 1946 - AN ORDINANCE OF THE
Speed Zone
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING SECTION 22-132 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO DECREASES OF
STATE LAW MAXIMUM SPEEDS
Ordinance 1947 - ORDINANCE NO. 1947 - AN ORDINANCE OF THE
False Alarms CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING SECTION 4.5-7 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO FALSE ALARM
PREVENTION
City Treasurer's Report (receive & file)
Report for the month of August, 1994.
Award of Bids
1) Landscape Maintenance Contract -
Specification No. MD 6-94-12
MD 6-94-12 - Recommendation is to accept the bid of
Landscape West Landscape West, Inc., Anaheim, for a five
year contract in the amount of $197,040.00
($39,408.00 annually) and authorize the
Mayor and City Clerk to execute the con-
tract.
City Council Minutes of 10/18/94
5
2) PP 91202-2 - Playground Modifications and
Barrier Removal at Cameron and Friendship
Parks
PP 91202-2 - Recommendation is to accept the bid of Hondo
Hondo Company Company, Santa Ana, in the amount of
$129,590.00 as submitted at the.bid opening
• of October 7, 1994 and authorize the Mayor
and City Clerk to execute the contract.
Miscellaneous - Police Department
1) Community Education Center -
Approval of Plans and Specifications
CEC - Recommendation is to approve the plans and
Plans & specs approved specifications for the remodel of the Com-
munity Education Center, and authorize the
Police Chief to call for bids.
Miscellaneous - Public Works
1) Construction Activity Report
Recommendation is to receive and file the
informational citywide construction
activity report for the quarter ending
September 30, 1994.
2) PP 95203 - Approval of Plans & Specs -
Interior Modifications at Palmview Center
PP 95203 - Recommendation is to approve the plans and
Plans & specs approved specifications for PP 95203 and authorize
the Maintenance Director to call for bids.
3) Sanitary Sewer Easement - Summary vacation
Zelman Development Company
Location: Market Place at The Lakes
Resolution 9146 - Recommendation is to adopt the following:
Zelman Development Co. RESOLUTION NO. 9146 - A RESOLUTION OF
THE CITY COUNCIL OF WEST COVINA, CALIFOR-
NIA; VACATING AND ABANDONING A PORTION OF
A SANITARY SEWER EASEMENT WHICH HAS BEEN
SUPERSEDED BY RELOCATION
Items Removed from The following items were removed for separate
Consent Calendar action: C-4b, C-8b, and C-9d.
CONSENT CALENDAR MOTION
Motion by Manners and seconded by Herfert to
waive further reading of the resolutions and
ordinances and adopt; and to approve all other
items listed except: C-4b, C-8b, and C-9d.
Motion carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
C-4b Redevelopment Agency Manager Yoshizaki responded
to Councilmember Touhey's request for antici-
pated completion date for the project relating
to Parcel Map No. 23716.
• C-8b Maintenance Director Glover responded to Coun-
cilmember Touhey's question regarding the need
for special inspections relating to PP 91202-2.
Motion by Wong and seconded by Touhey to approve
the recommendations for C-4b and C-8b. Motion
carried unanimously.
•
City Council Minutes of 10/18/94 .6
C-9d Councilmember Wong stated that he would have to
abstain on this issue (sanitary sewer easement
at The Lakes site), due to conflict of interest
laws. Motion by Manners and seconded by
McFadden to approve Item C-9c. Motion carried
with Wong abstaining.
Recess Mayor McFadden called a recess at 9:17 pm.
Council reconvened at 9:30 pm with all members
present.
PUBLIC WORKS SP 93117 - GLENDORA/VINCENT AVENUE IMPROVEMENTS
SP 93117 - Public Works Director Thomas presented the staff
Informational Report report, discussing the highlights and challenges
of the project. He responded to Council ques-
tions and concerns. Motion by Manners, seconded
by Herfert, and unanimously carried to receive
and file the report.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No scheduled report.
ENVIRONMENTAL SERVICES 1) RECYCLING BINS AT PARKS
Environmental Services Director Miller pre-
sented the staff report.
Recycling Bins at Councilmember Wong suggested the bins
City parks at Palm View Park be relocated from the
proposed location to an area closer to the
center.
Terry. Synder, general manager of
Athens Disposal, responded to other Council
questions relative to the availability of
recycling at multi -family complexes.
Motion by Touhey and seconded by Wong
to approve a pilot program to have West
Covina Disposal Company place and service
recycling bins in Cameron, Palm View and
Shadow Oak Parks for public use according
to the proposal in the staff report.
Motion included relocating the bins at Palm
View Park. Motion carried unanimously.
2) WASTE MANAGEMENT AND ENVIRONMENTAL QUALITY
COMMISSION - REVISION OF COMMISSION DUTIES
WM/EQ Commission Council reviewed the staff report and dis-
cussed the issue of revising duties of the
commission. Mayor McFadden felt it was not
imperative . at the present time to revise
duties, now that new commissioners have
been appointed. Mayor Pro Tem Herfert
stated that the purpose of revising duties
was to free up the Planning Commission.
Councilmember Wong noted that whether the
Planning Commission or the WM/EQ Commission
takes a project, it is the Planning Depart-
ment staff that will be doing the work.
Mayor Pro Tem Herfert agreed with the com-
ment and said he would support hiring con-
tract staff. Councilmember Touhey suppor-
ted the revision of duties and contracting
out the workload in Planning. City Manager
Starbird stated that the workload comments
are a little off the subject at hand, but
City Council Minutes of 10/18/94 7
very appropriate for another item on the
Agenda - the Annual Work Program document.
Motion by Manners and seconded by Wong
to table the matter of revising commission
duties. Motion carried 3-2 (Touhey,
Herfert).
• Staff was directed to report back on
two items: a) typical issues and duties of
the commissions, and b) employing options
to cover Planning's workload.
3) WASTE MANAGEMENT AND.ENVIRONMENTAL QUALITY
COMMISSION - INCREASE IN NUMBER OF COMMIS-
SIONERS
Council reviewed the staff report.
No increase in number Councilmember Manners stated that there
of commissioners was no compelling reason to increase the
number of commissioners. Motion by Herfert
and seconded by Touhey to receive and file
the report. Motion carried unanimously.
COMMUNITY DEVELOPMENT SERVICES
REDEVELOPMENT AGENCY
Mayor McFadden recessed the City Council meeting
at 10:20 pm to convene the Redevelopment Agency.
The City Council reconvened at 10:23 pm with all
members present.
HUMAN SERVICES 1) 1995 FOURTH OF JULY FIREWORKS SHOW
July 4th Fireworks Council reviewed the staff report. Council
questioned the cost of the fireworks as
submitted by the fireworks company, knowing
that the same company charges the City of
Baldwin Park a lesser fee. Council dis-
cussed additional features as well: even-
tually appointing a community special
events group for such functions, a $10,000
funding issue for the event (Councilmember
Touhey stated that the Chamber of Commerce/
City Council Subcommittee earmarked BIT
funds), incorporating a carnival with the
fireworks show, and referring the matter to
the Human Services Commission.
Motion by Herfert and seconded by Man-
ners to authorize staff to execute.a fire-
works contract and send the rest of the
ideas to the Human Services Commission.
Councilmember Wong implored Council to wait
an additional meeting for the subcommittee
to present a written report designating
$10,000 of the BIT funding to cover the
fireworks show. Councilmember Manners
amended the motion to request the funding
source be agendized for council's consid-
eration. The amendment was seconded by
. Herfert and the motion carried unanimously.
2) FAIR HOUSING ASSESSMENT
Council reviewed the staff report.
Fair Housing Assessment Motion by Herfert, seconded by Manners
and unanimously carried to approve the June
1994 City of West Covina Fair Housing
Assessment.
•
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City Council Minutes of 10/18/94
PUBLIC SAFETY SERVICES No scheduled reports.
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No scheduled reports.
CITY MANAGER
ANNUAL WORK PROGRAM
8
City Manager Starbird presented the Annual Work
Annual Work Program Program: He stated it was a working document
for Council and staff, intended to be updated on
a quarterly basis. Councilmember Manners
mentioned the wide variety of programs and pro-
jects and with so many new commissioners, it
would be a good idea to hold joint meetings with
the Commissions.
Motion by Manners and seconded by Herfert
to receive and file the Annual Work Program, and
have staff report back with possible joint
meeting dates.
CITY CLERK
ELECTION DAY CHANGE - ORDINANCE INTRODUCTION
Council reviewed the staff report.
Ordinance introduced Councilmember Wong stated his preference in
Election Day change keeping the municipal election in April of the
even years, rather than changing it to March of
the odd years. He pointed out that this staff
report reflects an $8,000 cost in postcard noti-
fication to the City Is voters, which was unknown
at the time of the previous staff report. In
addition, he felt that extending Council terms
by eleven months circumvents the election pro-
cess and is rather self-serving. He understood
from the last staff report that other vendors
would be able to serve the City's needs in the
conduction of the municipal election and asked
staff to supply additional information. He
requested Council to reconsider their previous
vote.
Councilmember Manners noted that she was
not particularly interested in extending her
term, but changing to March of the odd years
seemed the best alternative. She was agreeable
to reconsidering the matter and suggested
holding the matter over for additional infor-
mation from the City Clerk.
City Manager Starbird noted that the issue
of changing election dates was not just due to
the County's inability to serve its cities, but
the confusion that would prevail with the muni-
cipal election scheduled two weeks after the
presidential primary set for March 26, 1996.
City Clerk presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, MOVING THE DATE
OF THE GENERAL MUNICIPAL ELECTION FROM THE
SECOND TUESDAY IN APRIL OF EVEN -NUMBERED YEARS
TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN
MARCH OF ODD -NUMBERED YEARS
Councilmember Wong noted that he had sug-
gested a minor language change to the ordinance
clarifying the intent of one of the paragraphs.
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City Council Minutes of 10/18/94
9
City Clerk read the amendment and after some
debate, Council concurred with the "friendly
amendment" offered by Wong.
.Motion by Herfert and seconded by Touhey to
waive further reading of ordinance and intro-
duce. Motion carried with Manners abstaining
and Wong voting no.
Staff was directed to supply the infor-
as requested by Councilmember Wong.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve demands totaling $1,917,262.45 as listed
on check registers FI 150799 through 151088.
,Motion carried by roll call vote:
AYES: Manners, Touhey, Herfert, Wong, McFadden
NOES: None
ABSTAIN: Herfert re reimbursement to Community
Food Bank
Reporting Out From Closed Session
City Manager Starbird stated that the Redevelop-
ment Agency authorized staff to proceed with an
RFP to develop property at 298 Azusa Avenue for
a new car dealership, subject to waiver of any
relocation claims by Chrysler.
10) 01A 01
No comments offered.
MAYOR'S REPORTS Mayor McFadden stated that he won't be able to
keep his office hours (9 am to 11 am) at the
Senior Citizens Center this week because of a
conflicting appointment. He asked for another
Councilmember to substitute for him. No one was
available.
Mayor McFadden announced the ribbon cutting
ceremony for the new Applebee's Restaurant was
scheduled for October 29 at 5:30 pm and Mayor
Pro Tem Herfert stated he would be there to
substitute for the Mayor.
' REPORTS Councilmember Touhey announced the grand opening
of the National Sports Bar and Grill scheduled
for October 24, 1994 from 6:00 to 9:00 pm.
He also asked for a) information regarding
speed bump districts, b) Planning to look into
dancing/alcohol restrictions, and c) IIAP revoca-
tion procedures.
Mayor Pro Ten Herfert requested a status report
on Cortez Park.
Councilmember Manners stated that she had visited
two of the commissions since the appointments.
Councilmember Wong asked about the Public
Records Act request in the letter read earlier
by the City Clerk. City Attorney stated there
is no public record available and she would
respond to that request.
Mayor McFadden reminded the audience of his
office hours and stated that. there is now a
Mayor's Report, live, on Channel 56 (WCCT) at
City Council Minutes of 10/18/94
10
7:00 pm and his guest will be Judge Mento from
Citrus Municipal Court.
City Manager Starbird reminded Council of an
upcoming dinner for Ziad Alhassen on November 1
as Alumni of the Year. Unfortunately it is also
a regular Council meeting night.
ADJOURNMENT Motion by Herfert, seconded by Touhey and unani-
mously carried to adjourn the meeting at 11:42
pm.
ATTEST:
City Clerk Janet erry
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