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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. • • 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 • • 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. • • 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. 0 11 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 • Bradley McFadden