11-01-1994 - Regular Meeting - MinutesMINUTES
REGULAR MEETING
WEST COVINA CITY COUNCIL
November 1, 1994
The West Covina City Council was called to order by Mayor McFadden at 7:44
pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
The invocation was given by Rev. Jim Kilinsky of First Baptist Church and
the Pledge of Allegiance was led by Mayor McFadden.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council -
members Manners, Touhey, Wong
Others Present: Starbird, Wylie, Hanna, Thomas, Miller, Collier,
Salazar, Glover, Samaniego, Orr, Keating, Berry,
Patton, Gardner
APPROVAL OF MINUTES Three corrections were made on page eight of the
October 4th minutes. Motion by Manners and
seconded by Touhey to approve the following
minutes:
Special meeting of 8/16/94
Regular meeting of 8/16/94
Adjourned reg. mtg. of 8/17/94
Regular mtg. of 10/4 (as corrected)
Regular meeting of 10/18/94
Special meeting of 10/26/94
Motion carried unanimously with Herfert ab-
staining from the October 4th minutes as he was
absent from that meeting.
IONS Mayor McFadden presented framed certificates to
the following outgoing Commissioners:
Roberta Azpeitia - Human Services
Mary Brightwell - Human Services
Cy Lichtman - Human Services
Russell Gordon - Planning
Stuart York - Planning
Mark Ray - Waste Mngt & Environ. Quality
PROCLAMATION Mayor McFadden proclaimed November 1, 1994
through 1995 as BUCKLE -UP FOR LIFE CHALLENGE and
presented the proclamation. to Police Chief
Distelrath.
RE ITEM 0-1 Mayor Pro Tem Herfert stated that Council would
not be taking action on Item 0-2 concerning the
Business Improvement Tax and Chamber of Commerce
Budget because the. subcommittee would like to
submit a written report before Council takes
action on the matter.
Tim Connor, President of the West Covina Chamber
of Commerce, stated that the Executive Board and
• the Council subcommittee have agreed on $140,000
for the second half of the fiscal year. Because
there is no disagreement and it affects person-
nel changes at the Chamber, he requested
Council approve the amount this evening.
Motion by Herfert and seconded by Touhey to hold
this matter over until the next Council meeting.
Councilmember Manners suggested that since there
was agreement on the amount, Council could
approve that and consider the other matters (the
BIT) at the next meeting. Discussion followed.
The motion carried 4-1 with Wong voting no.
HEARING HERITAGE GARDENS PARR MASTER PLAN - ZONE CHANGE
• NO. 644 - NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT - Location: 3510 East Cameron Avenue
City Clerk Berry verified the affidavit of pub-
lication and Mayor McFadden opened the hearing.
Planning Director Collier presented the staff
report and then introduced the project archi-
tects: Woody Dike, Jim Ridge, and Jim Wilson.
Each of these three men presented a different
aspect of the project. Mr. Collier wrapped up
the report by discussing .proposed security
measures for the park.
Public Testimony Mayor McFadden opened the public testimony
portion of the hearing and asked for comments
favoring the project. The following addressed
Council:
Richard Lewis Richard Lewis, president of the Historical
Society, spoke on behalf of the members, many of
which were seated in the audience. He felt the
park would enhance the neighborhood and urged
approval of the master plan.
Mary Brightwell Mary Brightwell, 720 N. Hartley, favored
the proposed amenities, including the bridge and
amphitheater.
Mayor McFadden asked for comments in opposition
and the following addressed Council:
Judy Pedevill Judy Pedevill, 924 S. Heritage Drive,
stated that she represented the homeowners on
Heritage Drive and 13 of the 15 residents
opposed the bridge; although they did favor the
heritage park master plan. She asked about the
prickly pear cactus proposed for the natural
barrier. She presented photographs of the area
immediately adjacent to her property line.
Hany Tadros Hany Tadros, 932 S. Heritage, felt the plan
on display was just a pretty picture and without
dimensions no real evaluation could take place.
Testimony Closed Mayor McFadden asked for rebuttal comments and
none were offered. He then closed the public
testimony portion of the hearing and asked for
staff response. Planning Director Collier
explained several points: a) the zone change was
consistent with the General Plan, b) the plan at
this point in time was conceptual - the details
come later at which time the public will again
be able to address their specific concerns, c)
walls along the south side of the park would not
necessarily be an asset, and d) restrictions
placed on other City parks would be imposed in
this park as well.
• Council Discussion Lengthy discussion ensued regarding several
aspects of the park project: the density of the
cactus and its effectiveness, the wall proposed
along Cameron vs vegetation proposed for the
south end of the park, police patrol and
security within the park and after hours, the
purpose and cost of the bridge, and general use
of the park and its amenities.
Council Minutes of 11/1/94
r]
Motion by Manners and seconded by Herfert to
approve the conceptual master plan, accelerating
the planting schedule, and reconsider the bridge
and southwest loop trail before implementing
either. Motion carried unanimously.
•
City Clerk presented:
Resolution 9149 -
RESOLUTION NO. 9149 - A RESOLUTION OF THE
Certifying neg. dec.
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 644 AND
THE HERITAGE GARDENS HISTORICAL PARK MASTER
PLAN, PURSUANT TO THE ENVIRONMENTAL QUALITY ACT
OF 1970, AS AMENDED
Motion by Herfert, seconded by Wong,. and
unanimously carried to waive further reading of
the resolution and adopt.
City Clerk presented:
Resolution 9150 -
RESOLUTION NO. 9150 - A RESOLUTION OF THE
Approving master plan
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING THE HERITAGE GARDENS HISTOR-
ICAL PARK MASTER PLAN
Motion by Manners, seconded by Touhey, and
unanimously carried to waive further reading of
the resolution and adopt.
City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE
WEST COVINA MUNICIPAL CODE BY AMENDING THE
OFFICIAL ZONING MAP (Zone Change No. 644)
Motion by Wong, seconded by Herfert to
waive further reading of the ordinance and
introduce. Motion carried by roll call vote:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
Decorative fencing Motion by Manners, seconded by Wong, and unani-
mously carried to approve inclusion of the con-
struction of the decorative security fencing
along Cameron Avenue in the amount of $55,000 in
the CIP.
AGENDA AND ORAL
City Clerk Berry noted that in regards to Item
C-5a (Removing red curb at 943 N. Orange), the
resident at 943 N. Orange delivered a letter in
opposition to the red curb removal.
Lloyd Johnson Lloyd Johnson, 1809 Adams Drive, the person who
requested the red curb removal (Item C-5a) spoke
in favor of removing the red curb.
Richard Salter Richard Salter, 1124 E. Grovecenter Ave.,
addressed Item C-1, his letter to Council re-
questing a review of the City's policy in
regards to reimbursement for sewer line repairs.
Carol Puente Carol Puente from American Dental Group, 436 N.
Sunset Ave., spoke in support of C-5b (removing
parking restrictions on Rowland between Sunset
and Shadydale.
Council Minutes Of.11/1/94
Sue Stanley Sue Stanley, parent with a child at Merlinda
School, thanked Council in advance for placing
a crossing guard at Valinda/Merced intersection
(Item C-5f).
Mayor McFadden stated that the above comments
will be considered when the items come before
Council under Consent Calendar. Due to. the
large number of people in attendance because of
- the Street Hockey proposal, he moved forward
Item K-lc for discussion at this time.
ITEM K-lc MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA
STREET HOCKEY ASSOCIATION TO CONSTRUCT AND
OPERATE A STREET HOCKEY FACILITY AT ORANGEWOOD
PARK
MOU w California
A short overview of the proposal was presented
Street Hockey Asso.
Assistant City Manager Wylie, primarily dis-
cussing the financial terms.
Bryan Garland of California Street Hockey Asso-
ciation stated he was available to answer ques-
tions and then spoke of the sport's growth and
popularity.
Council comments
Mr. Wylie clarified the lease terms in response
to a question by Councilmember Manners. Coun-
cilmember Wong was concerned about the minimal
investment by California Street Hockey (less
than $25,000) vs the City's portion ($175,000)
and the uncertain future popularity of the
sport. Councilmember Touhey felt the project was
a win/win situation: good for the kids and the
profits would benefit other park projects.
Councilmember Manners shared Wong's
concerns, but did note that even though she
thought the City could have worked out a better
financial split, the Human Services Commission
approved the project and so then would she.
Councilmember Wong stated that he could
support it completely if the second rink was
built only upon the financial success of the
first rink and California Street Hockey assumed
a larger risk.
Motion
Motion by McFadden and seconded by Touhey to
approve the basic terms of the agreement for the
construction and operation of the proposed
facility at Orangewood Park, and authorize the
City Manager to execute the necessary documents
consistent with the approved terms. Motion
carried 4-1 with Wong voting no.
AGENDA AND ORAL COMMUNICATIONS (CONTINUED)
Marlon Munoz Marlon Munoz, campaign manager for Andy Ramirez,
candidate for Assembly 50th District, commented
about his candidate's signs being removed while
other signs remained.
Mary Aquilar Mary Aquilar of the West Covina Bruins thanked
the Council for improvements to their field.
Robert Ramirez Robert Ramirez, father of Andy Ramirez, asked
who pulled his son's signs and could they get
the sign returned.
•
41
Council Minutes of 11/1/94 5
Andy Ramirez Andy Ramirez, candidate, recited provisions from
Business & Professions Code relating to politi-
cal signs, and felt his signs were targeted.
E.T. Snell E.T. Snell, self-proclaimed homeless individual,
felt Councilmembers Wong and Manners plus City
Clerk Berry should be recalled. He then com-
plained about the Tribune taking money from BKK
and not reporting properly on the groundwater
issue.
Staff Response City Engineer Thomas was asked to clarify the
Item C-1 City's policy regarding the maintenance of house
connection sewers (Item C-1). Upon conclusion
of his statements, there was a feeling expressed
by Council that perhaps the homeowners' respon-
sibility should end at the property line.
Motion by Manners, seconded by Touhey, and
unanimously carried to direct staff to review
and report back to Council and notify Mr. Salter
at that time.
Item C-5a City Engineer Thomas discussed the red curb
issue at 943 N. Orange Avenue.
Motion by Manners and seconded by Touhey to
remove the red curb on Adams Drive except for
that portion adjacent to the fire hydrant.
Motion carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong
NOES: None
ABSTAIN: McFadden (conflict of interest)
Staff was asked to report back with the
standards used for red curb painting.
Item C-5b Motion by Wong, seconded by Touhey, and unani-
mously carried to approve the Traffic Committee
recommendation to remove the parking restric-
tions abutting 509 N. Shadydale and the
additional ten -foot parcel in question if the
property owner doesn't object.
Item C-5d Councilmember Wong noted that the Traffic Com-
mittee denied the request for speed bumps on
Adrienne Drive. He asked what other steps
could be taken and City Engineer Thomas
responded.
CONSENT CALENDAR Written Communications
Letter received from Richard Salter, 1124 E.
Grovecenter regarding City's policy in relation
to the repair of the street portion of the
lateral sewer line leading to the connection
with the main sewer line. (review staff report)
Commission Summary of Action (receive & file)
Human Services 10/14/94
Personnel 10/19/94
Planning 10/25/94
Senior Citizens 10/13/94
Waste Mngt/Eviron. Quality 10/20/94
Claims for Action (deny & notify claimant)
On September 14, 1994 the City Clerk's Office
Council Minutes of 11/1/94
6
received a claim for property damage estimated
at $2,000 from Southern California Edision. On
October 6, 1994, an amended claim was received
asserting actual damages to be $3,537.99.
Temporary Use Permits (receive & file)
TUP #2193-94 was issued to Hospice E.S.G.V., 820
N. Phillips, for a classic car show on 10/23/94.
` TUP #2199-94 was issued to Applebee's, 300 S.
California, for a VIP Party on 10/29/94.
TUP #2204-94 was issued to St. Christopher's
Church, 629 S. Glendora, for a festival on 10/7
through 10/9.
TUP #2205-94 was issued to Tahoe Pumpkins Plus
Trees, 2940 E. Workman, for pumpkins and trees
on 10/10 through 10/31 and 12/2 - 12/23.
Traffic Committee Minutes (accept & file)'
Traffic Committee Minutes of the regular meeting
held October 18, 1994.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1948 - ORDINANCE NO. 1948 - AN ORDINANCE OF THE
Election Day change 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
Award of Bid - Radio Svstem Maintenance #95-01
Motorola Communications Recommendation is to award Bid No. 95-01 to the
lowest bidder, Motorola Communications and
Electronics, Inc., Van Nuys, for a period of two
years commencing January 1, 1995 at a current
cost of $2,898. per month and authorize the
Mayor to sign the agreement.
Miscellaneous - City Manager
_Block Partv Reauest for Temporary Street Closure
Recommendation is to approve the temporary
street closure of the 1300 block of East Loma
Vista Street on November 5, 1994, for a block
party and neighborhood watch meeting.
Miscellaneous - City Clerk
Biennial Review of the City's Conflict of
Interest Code
Recommendation is to approve the City's.amended
Conflict of Interest Code as prepared by the
City Clerk.
Council Minutes of 11/1/94
Miscellaneous - Building & Engineering Dent.
Astell Street Naming adopt resolution)
Resolution 9158 - RESOLUTION NO. 9158 - A RESOLUTION OF THE
Astell Avenue CITY COUNCIL OF THE CITY OF WEST COVINA,
• CALIFORNIA, NAMING AN UNIDENTIFIED CUL-DE-SAC
WITHIN THE CITY OF WEST COVINA AS ASTELL AVENUE
Miscellaneous - Planning
i
General Plan Implementation Report Submittal to
the State Office of Plannina & Research (OPR1
Recommendation is to approve the report and
authorize staff to transmit the City's annual
General Plan Implementation Report to OPR.
Miscellaneous - Human Services
Consolidated Plan Consultant Agreement
Castaneda & Associates Recommendation is to approve the selection of
Castaneda & Associates to prepare the City's
Consolidated Plan and authorize the Mayor and
City Clerk to execute the agreement.
Miscellaneous - Police
Approval of Jail Use Contract
Jail Use Contract - Recommendation is to authorize the Mayor to
Baldwin Park execute a contract with the City of Baldwin Park
allowing their prisoners to be booked at West
Covina's jail facility at a fixed fee of $85.00
per person.
ABC Application (no protest)
Dhikayos, Kuekul dba THAI HUT RESTAURANT
Alta Loma, CA 1215 S. Glendora Ave.
CONSENT CALENDAR MOTION Motion by Herfert and seconded by Manners to
waive further reading of the ordinance and
resolutions and adopt, and to approve all other
items listed except: C-3, C-5e, and C-6. (Note:
Items C-1, C-5a and C-5b were acted upon
earlier.) Motion carried by roll call vote:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
Item C-3 Mayor Pro Tem Herfert stated he would need to
abstain on this issue (Southern California
Edison filed a claim against the City).
Motion by Manners and seconded by Touhey to
approve the recommendation. Motion carried with
Herfert abstaining.
Item C-5e Councilmember Touhey was uncomfortable removing
the crossing guard at Glendora and St. Chris-
topher's Street. Councilmember Wong suggested
the school may be able to obtain a parent or
other volunteer. There was some confusion as to
when the crossing guard would be pulled from
that intersection.
Motion by Manners and seconded by Touhey to
hold back on removing the crossing guard until
the school is notified and a response received.
•
Council Minutes of 11/1/94 8
Item C-6 Councilmember Manners stated that she wanted to
abstain from the vote regarding the ordinance
for adoption.
City Clerk Berry presented the heading of
ordinance. Motion by McFadden and seconded by
Touhey to waive further reading of the ordinance
and adopt. Motion. carried 3-1-1 with Wong
voting no and Manners abstaining.
Political Signs City Clerk Berry stated that illegally placed
signs are removed by City Clerk staff members in
response to citizen complaints. The City Clerk
does not have authority to remove other types of
signs.
Council discussed the ambiguities of the
current ordinance and requested staff to report
back with alternatives, enforcement, and the
effects of West Covina's ordinance on other
elections.
PUBLIC WORKS
COVINA.IRRIGATING COMPANY -
WATER SERVICES AGREEMENT
Council reviewed the staff report.
Water Services Agree. Motion by Manners, seconded by Herfert, and
Covina Irrigating Co. unanimously carried to approve the agreement and
authorize the Mayor and City Clerk to execute
it.
SHAKESPEARE PARK SITE BACKGROUND REPORT
Council reviewed the staff report.
Shakespeare Park - Motion by Manners, seconded by Touhey, and
Storm drain agreement unanimously carried to a) authorize the City
with County of L.A. Manager to commence negotiations with L.A.
County for the sale of right-of-way necessary
for their storm drain facility and/or the entire
Shakespeare Park site to the County; and b)
authorize the City Manager and staff to initiate
the public hearing process necessary to declare
the site surplus to City needs.
1994/95 CAPITAL IMPROVEMENT PROGRAM -
SPORTS RELATED PARKS IMPROVEMENT PROJECTS
Council reviewed the staff report.
Motion by Wong, seconded by Herfert, and
unanimously carried to receive and file the
informational report.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports scheduled.
ENVIRONMENTAL SERVICES HOUSEHOLD HAZARDOUS WASTE EDUCATION PROGRAM
GRANT
Council reviewed the staff report.
Motion by Manners, seconded by McFadden and
unanimously carried to approve the City of West
Covina's participation in the Household Hazard-
ous Waste Grant application (joining Covina and
E1 Monte).
Council Minutes of 11/1/94 9
REDEVELOPMENT AGENCY Mayor McFadden recessed the City Council meeting
at 11:23 pm to convene the Redevelopment Agency
meeting. The City Council reconvened at 11:25
pm with all members present.
• HUMAN SERVICES No.scheduled reports.
PUBLIC SAFETY No scheduled reports.
ADMINISTRATIVE SERVICES No scheduled reports.
CITY MANAGER 1) PROPOSED POWER GENERATION TAX AND INCREASE
IN TAX RATE FOR SANITARY LANDFILL SITES AND
FACILITIES
Council reviewed the staff report.
Motion by Manners and seconded by.
Touhey to hold this matter over until the
first Council meeting in December. Motion
carried with Herfert abstaining.
2) REVIEW OF CITY COUNCIL MEETING CALENDAR FOR
NOVEMBER AND DECEMBER, 1994
Council reviewed the tentative schedule
listed on the Agenda. Council concurred
with the schedule but deleted the study
session regarding NPDES, feeling a written
report would suffice.
3) MOU WITH CALIFORNIA STREET HOCKEY ASSO.
This item was considered by the City Council
earlier in the meeting.
CITY ATTORNEY City Attorney Hanna stated that the following
scheduled closed sessions could be held at the
end of the meeting:
a) Closed session to discuss real property
negotiations re the La Ronde Apartments,
1932 E. Garvey Avenue South, pursuant to
Gov. Code § 564956.8
b) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Initiation of litigation, pur-
suant to Gov. Code § 54956.9(c) - one case.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $1,794.868.89 as listed
on check registers FI 151089 through 151403.
Motion carried by roll call vote:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSTAIN: Touhey re ESGV R.O.P. billing
Herfert re SCE billing.
ORAL COMMUNICATIONS Robert Parry, editor of a new local newspaper
called the Guardian, commented about his paper.
Robert Parry is also a part-time employee of the
Great Wall Restaurant (which is managed by
Councilmember Wong).
Councilmember Touhey noted that the
Guardian was placed on top of the Council agenda
at the Police counter and requested that it not
be placed there.
Is
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Council Minutes of 11/1/94
E.T. Snell, homeless, questioned Mr. Parry's
political activities.
10
MAYOR'S REPORTS Mayor McFadden stated that he would not be able
keep his office hours at the Police substation
at The Plaza on Wednesday, 11/2/94.
COUNCILMEMBERS' REPORTS 1) ENFORCEMENT OF UNCLASSIFIED USE PERMIT WITH
BRR
Council reviewed the staff report.
Motion by Manners, seconded by Her-
fert, and unanimously carried to hold over
this item until the first Council meeting
in December.
2) BUSINESS IMPROVEMENT TAB AND CHAMBER OF
COMMERCE BUDGET
This item was considered by Council earlier
in the meeting.
Councilmember Touhey announced that his wife had
baby boy on Saturday, October 29, 1994, and he
weighed 9 pounds and 32 ounces.
Closed Session Motion by Wong, seconded by Touhey, and unani-
mously carried to recess the City Council
meeting at 11:40 pm for the scheduled closed
session.
ADJOURNMENT Motion by McFadden, seconded by Touhey, and
unanimously carried to adjourn the meeting at
12:00 midnight, in memory of Bill Babich, long
time resident and community supporter.
ATTEST:
City Clerk Janet B y
a B adley McFadden