12-06-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 6, 1994
The regular meeting of the West Covina City Council was called to order
• by Mayor McFadden at 7:38 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Dr. Jim Reeve of
Faith Community Church and the Pledge of Allegiance was led by Mayor
McFadden.
ROLL CALL
Others Present:
Mayor McFadden, Mayor Pro Tem Herfert, Council -
members Manners, Touhey, Wong.
Starbird, Thomas, Wylie,
Orr, Koniarsky, Miller,
McIsaac, Distelrath,
Yoshizaki, Keating
Panas, Glover, Greene,
Collier, Javier, Berry,
Salazar, Hanna -Dixon,
APPROVAL OF MINUTES Councilmember Wong made a punctuation correction
on Page 3 of the 11/15 minutes. Motion by
Touhey, seconded by Manners, and unanimously
carried to approve the minutes of the regular
meeting of November 15, 1994, as corrected.
PROCLAMATIONS Mayor McFadden proclaimed the month of December
as NATIONAL DRUNK AND DRUGGED DRIVING (3D) PRE-
VENTION MONTH and presented the proclamation to
Police Chief Distelrath.
RATIFICATION OF CERTIFICATE Motion by Manners, seconded by Touhey, and
unanimously carried to ratify a Resolution of
Commendation which was presented to Public Works
Director/City Engineer Harry Thomas at his
farewell luncheon on Thursday, December 8th.
After 20 years of dedicated service to West
Covina,.Mr. Thomas has accepted a position with
the City of Orange, commencing December 12,
1994. Congratulatory comments were given to Mr.
Thomas from the City Council and City Manager.
City Manager Starbird announced that Maintenance
Director Pat Glover has been appointed as the
Public Works Director/City Engineer to replace
Mr. Thomas.
HEARING PROMOTIONAL EVENT AND SIGNAGE CODE AMENDMENT -
AMENDMENT NO. 259
Applicant: City of West Covina
Location: Citvwide
Mayor McFadden explained that the hearing this
evening had been continued from the previous
Council meeting. Staff had been instructed to
incorporate Council's concerns into the proposed
• ordinance.
The staff report was given by Planning Director
Collier, who reviewed the changes made to the
ordinance proposed for introduction. Briefly,
the banner provisions were expanded, modifica-
tions were made for promotional events, and the
references to the U.S. flag were deleted.
Minutes of 12/6/94
Pa
Public Testimony Ziad Alhassen, West Covina Dodge, spoke in favor
Ziad Alhassen of the amendment. He also expressed concern
about the Nissan dealership's monthly promo-
tional events which he felt negatively impacted
the other dealerships, including West Covina
Dodge.
Testimony closed There being no others interested in addressing
this matter, Mayor McFadden closed the public
testimony portion of the hearing. He requested
staff to look into the Nissan's monthly event
and report back.
Council discussion Mayor Pro Tem Herfert stated that the intent is
to help businesses generate profits and sales
tax for the City. If it doesn't work, the
Council can cancel it after the eighteen month
trial period. Councilmember Touhey said the
amendment will help attract new businesses and
retain current business.
Mayor McFadden suggested staff develop a sum-
mation for the businesses in an understandable
format.
City Clerk presented:
Ordinance introduced • AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE
WEST COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING),
AS IT RELATES TO PROMOTIONAL EVENTS AND SIGNAGE
Motion by Touhey, seconded by Wong, and
unanimously carried to waive further reading of
the ordinance and introduce.
Recess Mayor McFadden recessed the City Council meeting
at 8:18 pm to conduct the Redevelopment Agency
public hearing. The City Council reconvened the
City Council meeting at 8:52 pm with all members
present.
AGENDA AND ORAL COMMUNICATIONS
Art Kemp Art Kemp, 1818 Adams Drive, (Item 0-1: Red curb
at 943 N. Orange) stated that the whole parking
issue is a personal matter between two neighbors
and really not related to parking.
Garry Sills Garry Sills, 943 N. Orange, (Item 0-1) explained
the purpose of the red curb was to. prohibit
parking problems created by the day care center
across the street on Orange. He distributed
pictures to substantiate the problem and noted
that he had installed removable posts in one
entrance to his circular drive as an additional
deterrent. He talked about the restraining
order against the neighbor across the street,
Mr. Johnson. He concluded his remarks by
requesting that the ten feet of red curb next to
is
the driveway on Adams Drive remain.
Lloyd Johnson Lloyd Johnson, 1809 Adams Drive, (Item 0-1) pre-
sented his side of the story. He believed that
the red curb causes a parking hardship on the
neighbors.
Mike Mohajer Mike Mohajer, 738 S. Hillward, disagrees with
the City's current policy regarding repair of
sewer laterals (Item C-8a). If a City parkway
Minutes of 12/6/94
tree has caused problems in the sewer lateral,
the City should bear the cost of repairs.
Regarding Item K-ld (Status of BKK UUP com-
pliance), he supported the issuance of a notice
of violation to BKK.
• June Blakeney June Blakeney, 1803 Adams Drive, (Item 0-1)
commented that the day care center on Orange
should provide parking for its staff.
Jean Arneson Jean Arneson, 1116 Donna Beth, spoke in -favor of
enforcing the UUP conditions including others
such as: mud on Azusa Avenue during bad weather
days and emissions from the generator. She sug-
gested the UUP be revised to prohibit refuse
from being deposited within 750 feet from the
residences. She also suggested that the num-
bering of the sections allegedly in violation
should be checked for accuracy.
Ziad Alhassen Ziad, Alhassen, 200 N. Barranca Street, urged
Council to .support the staff recommendation
regarding a future water facility (Item C-8b).
Hany Tadros Hany Tadros, 932 Heritage Drive, addressed the
Heritage Gardens Lease Agreement (K-lb). He
stated that the proposed agreement was not in
keeping with the spirit of the conversation from
the last meeting: no rentals, no alcohol, and no
use of the park after dusk.
Rick Pedwill Rick Pedwill, 924 S. Heritage, also addressed
Item K-lb objecting to use of the facility after
dusk and alcohol, wondering where it was all
going to end.
Judy Pedwill Judy Pedwill, 924 S. Heritage, (Item K-lb) was
afraid they would lose their "backyard" and that
things were being slipped into the lease agree-
ment.
Andre Abramian Andre Abramian, 1809 Borrego, complained about
commercial trucks parking on the corner of Aroma
and Azusa Avenue. He stated his support for
enforcing the UUP conditions applicable to the
BKK Landfill (Item K-ld).
Talmadge Ross Talmadge Ross, 1141 E. Ashwood Street, a member
of the West Covina Historical Society, addressed
Item K-lb. He stated that the Historical
Society is very interested in being "good
neighbors" and was very surprised to hear that
liquor would be allowed and suggested the lease
be reviewed again.
Richard Lewis Richard Lewis, 1112 W. Cameron Avenue, addressed
Item K-lb as president of the West Covina His-
torical Society. He stated that there is a
requirement in the lease that stipulates that
• the use of the facility will be developed in
concert with the residents. The Historical
Society has no intentions of renting the site
for large weddings. Board meetings would be
about the only function held at the Heritage
house in the evenings.
Councilmember Touhey expressed a desire to
have the City Council, not staff, decide the
issue of permitting alcohol at functions.
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Minutes of 12/6/94
4
Mr. Lewis urged passage of the lease with
whatever revisions are acceptable, because the
Historical Society cannot work on, the house
until the agreement has been executed.
Mr. Portofino Mr. Portofino, representing Lena Reno of 1227
Windsor, appealed a billing received by Mrs.
Reno from the Police Chief for a specific public
safety response. The matter was referred to
staff for a report to be agendized at a future
Council meeting.
Recess Mayor McFadden called a recess at 10:00 pm. The
City Council reconvened at 10:14 pm with all
members present.
CONSENT CALENDAR Written Communications (none received)
Commission Summary of Actions (receive & file)
Human Services . . . . . . . 11/8/94
Personnel. . . . . . . . . 11/9/94
Planning . . . . . . . . . 11/22/94
Senior Citizens' . . . . . . 11/10/94
ABC Applications (no protest)
Renteria, Hugo dba E1 Torito Restaurant
Rialto, CA 3133 E. Garvey Avenue
Flores, Miguel dba Villa Tepeyac
Flores, Sabina 2200 E. Garvey Avenue
Covina, CA
Kishida, Seiichi dba Monotaro
Baldwin Park 3642 S. Nogales Avenue
Temporary Use Permits (receive & file)
TUP #2211-94 was issued to West Covina Nissan,
1840 E. Garvey, for radio promotion on 10/29/94.
TUP #2215-94 was issued to Mike Steele for a
Christmas tree lot at 744 S. Glendora on 12/1
through 12/21.
TUP #2218-94 was issued to James Smith for a
Christmas tree lot at 1143 N. Barranca on 11/15
through 12/25.
TUP #2219-94 was issued to South Hills High
School, 645 S. Barranca, for a Christmas tree
lot on 12/9 through 12/11.
TUP #2220-94 was issued to Pacific Western
National Bank, 200 S. Vincent, for a flag
dedication on 11/10.
TUP #2221-94 was issued to John Bolender for a
Christmas tree lot at 1200 W. Francisquito, on
12/1 through 12/22.
TUP #2223-94 was issued to Telemundo for a
broadcast at 950 E. Garvey South on 11/19.
Minutes of 12/6/94
Acceptance of Improvements/Release of Bonds
1) SP 94105 - Street Rehabilitation -
Boral Resources, Inc.
Recommendation is to accept improvements
located on various City streets and release
• Insurance Company of North America Surety
Bond No. TP 9419084 in the amount of
$284,844.73 to Boral Resources, Inc., sub-
ject to Notice of Completion procedures.
2) Precise Plan No. 794-R4 - On and Off -site
Improvements - Zelman
Recommendation is to accept on and off -site
improvements and release Great American
Insurance Company Bond No. 7008906 in the
amount of $227,000.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of 11/15/94.
Award of Bid
SP 94106 - Bus Stop Pads Improvements
Recommendation is to reject all bids for SP
94106, as submitted in the City Clerk's Office
on November 21, 1994, and authorize the City
Engineer to re -advertise and call for new bids.
Miscellaneous - Public Works
1) Maintenance of House Connection Sewers
Recommendation is to continue the existing
policy with respect to maintenance of house
connection sewers.
2) Future Water Facilities to Secure a
Reliable Source of the City's Water Supply
Recommendation is to receive and file this
informational report.
3) PP 95216 - Improvements to San Jose Little
Leaque Field - Approve Plans & specs
Recommendation is to approve plans and
specifications for PP 95216 and authorize
the Maintenance Director to call for bids.
Miscellaneous - Environmental services
Integrated Waste Management Program Update
Recommendation is to receive and file this
informational report.
Miscellaneous - Human services
Fourth of July Event Carnival
Recommendation is to receive and file this
informational report.
• Miscellaneous - Police Department
1) Mobile Data Terminal (MDT) Project -
Report Writinq Module
MDTs for PD - Recommendation is to approve the choice of
Public Safety Technologies Public Safety Technologies as vendor for
the Report Writing Module and authorize the
expenditure of $65,000 in MDT project funds
for the development and integration of that
module with our current system.
Minutes of 12/6/94 6
2) Approval of Crossing Guard Contract with
West Covina Unified School District
Crossing Guards Recommendation is to authorize the Mayor to
Crossing Guard Contract to execute an
agreement with West Covina Unified School
District allowing for the shared
responsibility of the Crossing Guard
program.
The following items were removed from the Con-
sent Calendar for separate consideration: C-6a
(Parking Restriction Policy) and C-8a (Mainte-
nance of House Connection Sewers).
CONSENT CALENDAR MOTION Motion by Herfert 'and seconded by Touhey to
approve all items listed on the Consent Calendar
with the exception of C-6a and C-8a. Motion
carried by roll call vote:
Ayes: Herfert, Manners, Touhey, Wong, McFadden
Noes: None
Items C-6a Councilmember Wong discussed the advantages of
Parking Restrictions developed thresholds or guidelines to implement
once the postcard results have been tallied. It
would avoid the emotional basis for decision -
making as evidenced by the red curb situation on
Adams and Orange. Mayor McFadden preferred that
the final decision rest with the City Council,
after a postcard survey is taken by the Traffic
Committee. Councilmember Wong noted that guide-
lines of approval would alleviate the need for
these matters to come before Council.
Councilmember Touhey stated that he opposed red
curbs in residential areas as they pose problems
for gardeners, pool cleaners, etc. Mayor Pro
Tem Herfert was not desirous of changing the
current policy.
Motion by Manners and seconded by McFadden to
give staff permission to install up to 10 feet
of red curb following postcard survey, Traffic
Committee approval, and review on Council
Agenda. Further discussion ensued. A substi-
tute motion was offered by Wong and seconded by
Manners (who withdrew her previous motion) to
refer this matter to the Traffic Committee for
evaluation and development of more definitive
guidelines. Motion carried unanimously.
Item C-8a City Engineer Thomas presented the staff report.
House Sewer Connections Councilmember Manners commented that the City
should bear the cost of repairs if the damage to
the sewer connection was caused by a City tree
and suggested that the homeowner pay a portion
of the cost. Councilmember Wong agreed.
City Manager Starbird cautioned that broken
sewer connections leaking water will attract
tree roots more often than will tree roots break
• sewer lines to get to the water.
Mayor McFadden liked the policy followed in
Covina: if the damage is on private property,
the property owner pays - if the damage is on
the City's right-of-way, the City pays.
Mayor Pro Tem Herfert was concerned about the
budgetary implications and requested information
on the fiscal impacts.
Minutes of 12/6/94 7
Motion by Manners and seconded by McFadden that
if the sewer stoppage is located between the
curb and the mainline and caused by a City tree,
the property owner will pay the first $500 and
the City will pay the rest. Motion carried
• unanimously.
,Due to the number of citizens in the audience
interested in the next item, Mayor McFadden
brought it forward for Council consideration at
this time.
MODIFICATION OF PARKING RESTRICTIONS AT
943 NORTH ORANGE AVENUE
Red Curb'at Councilmember Manners explained that she
943 N. Orange Ave. requested this item be reconsidered from the
November 1st Council meeting. She stated that
she has been to the residence and agrees with
the 11/1 Traffic Committee recommendation which
was to maintain a red zone adjacent to the
driveway on Adams Street to avoid being blocked
by parked cars. Councilmember Wong concurred
with her assessment of the situation.
Councilmember Touhey remarked that Mr. Sills
demonstrated a need for parking restrictions on
Orange, but not on Adams.
Mayor McFadden stated that he would abstain from
the discussion and vote due to conflict of
interest laws, but would facilitate the dis-
cussion.
Councilmember Wong felt the ten -foot red curb
would not materially affect parking on the
street and appeared to be a good compromise.
Motion by Manners and seconded by Wong to follow
the original Traffic Committee recommendation of
removing sixty-six feet of red curb (leaving 10
feet of red curb adjacent to the Adams Street
driveway).
Mayor Pro Tem Herfert stated that the ten feet
of red curb was not worth what Council went
through this evening and would not support the
motion. He did encourage staff to contact the
County regarding the Head Start center regarding
the parking situation.
Mayor McFadden asked for a voice vote on the
matter, with a 2-2 result (Touhey and Herfert
voting no).
City Attorney stated that the motion failed and
therefore the action taken on the 1st of November
• prevails. City Manager clarified that the ten
Red curb to be feet of red curb adjacent to the driveway would
be removed. removed.
CITY MANAGER HERITAGE GARDENS TAYLOR HOUSE LEASE AGREEMENT
Heritage Gardens Council reviewed the staff report. City Manager
Starbird stated that the City Attorney conferred
with the Historical Society representatives and
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Minutes of 12/6/94 8
the neighborhood speakers and has suggested that
the provisions regarding leasing and alcohol be
deleted. The agreement will contain a provision
stating that the Historical Society shall meet
with the neighbors to develop guidelines for
rental and use of the facility. These revisions
were acceptable to both sides.
City Attorney Hanna -Dixon read the revisions.
Motion by Wong, seconded by McFadden, and unani-
mously carried to approve the lease agreement
between the City and the Historical Society of
West Covina, as amended, and direct staff to
bring back the revised document.
PUBLIC WORKS SERVICES WATER RATE MODIFICATIONS - REDUCTION OF READI-
NESS TO SERVE CHARGES
Council reviewed the staff report:.
City Clerk presented:
Resolution 9159 - RESOLUTION NO. 9159 - A RESOLUTION OF THE
table of rates CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING RESOLUTION NO. 8965 AND
ADOPTING A TABLE OF RATES AND CHARGES FOR THE
FURNISHING OF WATER
Motion by Touhey, seconded by Herfert, and
unanimously carried to waive further reading of
the resolution and adopt.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) - LETTER OF INTENT - NEW PERMIT
Council reviewed the staff report.
NPDES - Letter of Intent Motion by Touhey, seconded by Herfert, and
unanimously carried to authorize the City
Manager to submit a letter of intent to
participate with the County of Los Angeles and
other municipal jurisdictions as a co-permittee
for the second NPDES permit beginning July 1,
1995.
MP 92114 - MAINTENANCE YARD WASH RACK
APPROVAL OF PLANS AND SPECIFICATIONS
Council reviewed the staff report.
MP 92114 - Motion by Touhey, seconded by Herfert, and
Plans & specs approved unanimously carried to approve plans and speci-
fications for MP 92114, subject to the approval
of the Los Angeles County Sanitation District
and authorize the City Engineer to call for
bids.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No scheduled reports.
ENVIRONMENTAL SERVICES No scheduled reports.
REDEVELOPMENT AGENCY Mayor McFadden recessed the City Council meeting
at 12:12 am to convene the Redevelopment Agency
meeting. The City Council reconvened at 12:15
am with all members present.
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Minutes of 12/6/94
ESTABLISHMENT OF NEW TIME LIMITATIONS TO THE WEST
COVINA REDEVELOPMENT PLAN
Council reviewed the staff report. Councilmembers
Touhey and Wong stated that they would abstain
on this issue, due to conflict of interest laws.
City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING THE REDEVELOPMENT
PLAN FOR THE WEST COVINA REDEVELOPMENT PROJECT
IN ACCORDANCE WITH HEALTH AND SAFETY CODE
SECTION 33333.6
Motion by Herfert, seconded by Manners to
waive further reading of the ordinance and
introduce. Motion carried 3-0-2 with Touhey and
Wong abstaining.
HUMAN SERVICES
PUBLIC SAFETY SERVICES
No scheduled reports.
No scheduled reports.
ADMINISTRATIVE SERVICES No scheduled reports.
CITY MANAGER 1) FINAL FY 94/95 BUDGET
Motion by Herfert, seconded by Touhey, and
unanimously carried to hold this over until
early in the next Council meeting.
2) HERITAGE GARDENS LEASE AGREEMENT
This item was considered by Council earlier
in the meeting.
3) REVIEW OF BUSINESS_ LICENSE TAX STRUCTURE
Council reviewed the staff report and
Assistant City Manager Wylie discussed the
strengths and weaknesses of the two RFPs
received for this service.
Ralph Andersen & Asso - Motion by Manners, seconded by Wong,
Bus. License Tax review and unanimously carried to accept the pro-
posal of Ralph Andersen and Associates to
undertake an evaluation and revision of the
City's business license tax and business
improvement tax structures.
Regarding the question of where to
fund the $32,000 for the review, Council -
members Manners and Touhey favored charging
$21,500 to the General Fund and $10,500 to
BIT fund reserves.
Upon further discussion, a motion to
reconsider was made by Herfert and seconded
by Touhey. Mayor Pro Tem Herfert suggested
that the smaller firm of DMG would provide
better service. Motion to reconsider
failed by 2-3 (Manners, Wong, McFadden).
Motion by Wong, seconded by Manners to
fund the review by appropriating $32,000
from the General Fund reserves. Motion
carried 3-2 with Touhey and Herfert voting
no.
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Minutes of 12/6/94 10
4) STATUS OF BKK UNCLASSIFIED USE PERMIT
COMPLIANCE
Council reviewed the staff report.
BKK UUP Compliance Motion by Wong and seconded by Manners
to direct the City Manager to prepare and
send to BKK a notice of violation with
appropriate time frame for corrective
action by BKK.
Councilmember Touhey requested that
the list of violations be read aloud.
Before reciting the list, the City Attorney
cautioned against commenting substantively
on the allegations since the City Council
is the Hearing Panal.
The motion carried unanimously.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $1,297,346.28 as listed
on check registers FI 151678 through 152062.
Motion carried by the following roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
ABSTENTIONS: Herfert re SCE
Touhey re Future America, ESGV ROP,
and Community Food Bank
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS Mayor McFadden sought Council's concurrence in
reinstating the 3-minute limitation for Oral
Communications and shorter oral staff reports.
COUNCILMEMBER'S REPORTS 1) MODIFICATION OF PARKING RESTRICTIONS AT
943 NORTH ORANGE AVENUE
This item was considered earlier in the
meeting by Council.
2) RATIFICATION OF HARRY THOMAS RESOLUTION
This item was considered earlier in the
meeting by Council.
Touhey
Councilmember Touhey commented on Assemblyman
Paul Horcher's defection from the Republican
Party and asked that staff agendize for'the next
meeting a request to Paul Horcher to step down.
Herfert
Mayor Pro Tem Herfert thanked Human Services
Commissioner Mike Cano and others for organizing
a turkey give-away. He also commented on the
early morning beeping from the landfill
tractors. He stated that Paul Horcher misled
the voters and hasn't done anything for West
Covina.
Wong
Councilmember Wong suggested starting Council
meetings earlier in the day to reduce the late
night adjournments, rather than shorten communi-
cations from the public.. He stated the comments
regarding Paul Horcher were personal and not
reflective of either his opinion or the
Council's as a whole.
Minutes of 12/6/94
11
Manners Councilmember Manners stated that she was not
anxious to impose strict time limits on the
citizens, favoring informal methods instead.
Touhey Councilmember Touhey expressed concern that Paul
Horcher's votes could have detrimental effects
on the City.
Wong Councilmember Wong felt that lengthy staff
reports do serve to explain issues to the
audience and the citizens watching the Council
meeting on cable television.
ADJOURNMENT Motion by Manners, seconded by Touhey, and
unanimously carried to adjourn the meeting at
12:28 am (Wednesday, December 7th).
Attest:
City Clerk Jane Berry
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Bradley McFadden