10-15-1996 - Regular Meeting - Minutest
MINUTES
WEST COVINA CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1996
The regular meeting of the West Covina City Council was called to order by Mayor Touhey at 7:42 pm in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by
Councilmember Herfert and the Pledge of Allegiance was led by Scout Troop No. 425.
ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councilmembers
Herfert, Manners, Wong
Others Present: Starbird, Wylie, Fredrics, Miller, Samaniego, Glover, Keating,
Meier, Dixon, Nagel, Peters, McIsaac, Fong, Loo; Dowdey,
Saunders, Collier, Mayer, Compean, Yoshizaki, Fong, Palkhiwala,
Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by McFadden to approve the
minutes of the regular meeting of October 1, 1996. Motion carried
5-0.
PRESENTATIONS/PROCLAMATIONS
Vi Saunders Mayor Touhey requested Environmental Services Director Miller to
assist him with presenting a Resolution of Commendation to Viola
Saunders, Departmental Secretary, for her thirty-four years with the
City, the last twelve working with Mr. Miller.
Charlene Chua Mayor Touhey presented Charlene Chua, Runner up in the 1997
Woody Woodpecker Environmental Calendar Contest, a Certificate
of Recognition. The contest is coordinated by the Los Angeles
County Department of Public Works and school children across
Southern California compete by drawing pictures of Woody
Woodpecker, the County's official recycling mascot, demonstrating
one of the "New Three R's" - Reduce, Reuse and Recycle.
Fourteen winners and 35, runners-up were selected from more than
1,000 entries from which winners' drawings are being featured in
the 1997 Woody Woodpecker Environmental Calendar.
Red Ribbon Week Mayor Touhey presented a proclamation to Ken Lund and Gary
Lawson, both of West Covina Rotary, proclaiming the week of
October 23-31 as Red Ribbon Week.
Proposition 215 Covina Mayor Pro Tem Tom Falls and ,California Narcotic Officers
Association Vice President Walter Allen addressed the audience,
encouraging a no -vote to Proposition 215.
U. N. Day Gladys Cannon of Kudos for Kids Foundation invited everyone to
attend a special celebration of U. N. Day, scheduled for October
24th at 6:00 pm at the Shilo Inn Hilltop in Pomona. The keynote
address will be given by Delano Roosevelt, grandson of President
Franklin Roosevelt.
Council Minutes of 10/15/96
Chamber of Commerce Susy Harvey, Executive Director of the West Covina Chamber of
Commerce, presented three new 30 second video ads for the "Shop
West Covina" campaign, each three minutes in length.
HEARING CODE AMENDMENT NO.274 - URGENCY ORDINANCE
• RELATED TO RETAINING WALLS AND ELEVATED
STRUCTURES
Mayor Touhey explained the purpose of the urgency ordinance,
establishing a moratorium on retaining walls and elevated structures
in residential zones. Staff is proposing modifications to the
ordinance that will allow these subject to an administrative review
procedure and design standards.
City Clerk Berry verified the affidavit of publication and the hearing
was opened by Mayor Touhey. Planning Director presented slides
of various situations and commented in response to a letter received
from Sterling White of Hassen Development Company.
Councilmember Wong questioned the health and safety
aspects of the urgency ordinance as well as the apparent lack of
urgency to the issue.
Public Testimony
Mayor Touhey opened the public testimony portion of the hearing
In Favor:
and asked for comments supporting the extension of the urgency
None
ordinance. No one addressed Council and Mayor Touhey asked for
comments in opposition and the following addressed Council:
In Opposition:
Ziad Alhassen of Hassen Development Company felt the
ordinance was unnecessary as the Hillside Overlay Zone addressed
retaining walls and proposed modifications would cause a hardship
on his development company.
Royal Brown, 2153 Aroma Drive, opposed the extension as
he couldn't see the need for the additional time.
Iris Delameter, 1212 W. Eckerman, agreed with Council -
member Wong's statement in that there didn't appear to be a threat
on the health, safety and welfare of the community. She felt that
residents in the flatter parts of West Covina enjoy their backyards
and hillside residents should be able to enjoy theirs and to do so,
may require the construction of retaining walls.
Testimony closed
There being no others wishing to address the City Council, Mayor
Touhey closed the public testimony portion of the hearing.
Council Discussion Planning Director Collier responded to the comments made under
public testimony. He noted that this was not a final ordinance, but
an interim ordinance to allow staff time to devise modifications to
the current regulations. His staff has been working with Brookfield
Davidson on their current issue. He also stated that the Hillside
Overlay does not address retaining walls. Council discussion
ensued.
Councilmember Herfert stated that this gives the City an opportunity
to look at retaining wall issues from the neighbors' point of view,
and since Hassen Development has no plans pending for another 60
days, this moratorium will not affect them.
Mayor Pro Tem McFadden was supportive of the interim ordinance
as the current regulations contain no height limitations.
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Council Minutes of 10/15/96
•
Councilmember Wong reiterated his statement made earlier that in
his opinion findings could not be made to justify the urgency of this.
matter.
Councilmember Manners noted the interim ordinance specified a
moratorium for ten months and asked if staff could complete their
work in 60 days. Planning Director Collier responded that staff
could be finished in about four months. She suggested moving
forward with the ordinance and to complete it as soon as possible.
In deference to the concerns raised by Councilmembers Manners
and Wong, the proposed urgency ordinance was amended to delete
.and may be or may become unsafe" in the second whereas clause
and the time frame of the moratorium reduced to 120 days.
City Clerk Berry presented: .
Ordinance 1978 - URGENCY ORDINANCE NO. 1978 - AN INTERIM
re retaining walls ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, EXTENDING URGENCY
ORDINANCE NO. 1977 RELATED TO THE CONSTRUCTION
OF CERTAIN RETAINING WALLS AND ELEVATED STRUC-
TURES WITHIN SINGLE-FAMILY RESIDENTIAL ZONES
Motion by Manners and seconded by Herfert to waive
further reading of the ordinance and to adopt. Motion carried by roll
call vote:
AYES: Herfert, Manners, McFadden, Touhey
NOES: Wong
AGENDA AND ORAL COMMUNICATIONS
Lois Halloway Lois Halloway, 139 N. Lang Avenue, addressed Item G-1 (Trees
and Debris in Residential Neighborhoods). Her property abuts
WESCO Auto Parts and there are large, overgrown trees on the
property causing problems for her.
Juan Carrera Juan Carrera, 1130 S. Glenn Alan Avenue, addressed 0-2 (Hollen-
crest School). Due to the topography of his backyard and the
abutting school playground, the newly installed baseball diamond
enables participants and spectators to look into his backyard.
Howard Leech Howard Leech, 1124 S. Glenn Alan Avenue, also addressed 0-2,
concurring with the remarks made by Mr. Carrera.
Robert Roudebush Robert Roudebush, 206 N. Lang Avenue, addressed G-1 and sug-
gested that a set back requirement for the planting of future trees and
the maintenance thereof. Perhaps a requirement to address this
problem when properties change ownership would help as well.
Carmelita Sarao Carmelita Sarao, 507 Meadow Road, addressed G-1. She distributed
pictures of the 'problems created by her neighbor's trees and
discussed her futile attempts to gain cooperation with the resident.
Marco Brown Marco Brown of Los Angeles County EDC discussed Item G-2b
(NLAMP) and urged Council's support.
Royal Brown Royal Brown, 2153 Aroma Drive, suggested that trees not be
planted in the right-of-ways (Item G-lj and commented on Item C-
7c (BKK Landfill Closure P1ans.Status Report).
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Council Minutes of 10/15/96
Iris Delameter Iris Delameter, 1212 W. Eckerman, commented on Item G-1. She
felt that trees are the owners' responsibility and these cases should be
handled on an individual basis. She spoke favorably of the City's
participation in NLAMP. In relation to the Library's request for a
grant, she supported the staff recommendation, as there is a limit to
how far City funds can stretch.
• [Note to reader: Due to the lateness of the hour, Council considered
the remaining Agenda items out of regular format order, based on
urgency and/or audience participants.].
PLANNING DEPARTMENT TREES AND DEBRIS IN RESIDENTIAL NEIGHBORHOODS
Residential trees Principal Planner McIsaac presented the staff report. Council
discussion ensued regarding the difficulties in involving the City in
civil matters and to what extent the City could assist homeowners
with these problems.
Motion by Manners and seconded by Herfert to concur with
the City Attorney's suggestion that the matter be referred to her and
she would pursue the avenues currently available for serious
offenses. Motion carried 5-0.
Recess Mayor Touhey called a recess at .11:07 pm. The City Council
reconvened at 11:18 pm with all members present.
CITY MANAGER WEST COVINA LIBRARY REQUEST FOR MATERIALS
GRANT
Library request for assistance Assistant City Manager Wylie presented the staff report. Additional
commented were offered by Mike Garofalo, Regional Library
Manager, and Linda Siggins, the Branch Library Manager. Council
discussed at length the staff recommendation, previous Library
requests, the unavailablity of reviewing the County's budget, and the
general philosophy of supporting the Library.
Motion by McFadden and seconded by Wong to approve
$18,000 for children's materials and $20,000 worth of surplus,
upgraded City computers for a total of $38,000. Staff to report back
on the funding source. Motion carried 5-0.
PUBLIC WORKS PP 97210 - SPORTS LIGHTING AND OUTFIELD NETTING
AT MAVERICK BASEBALL FIELD -
APPROVAL OF PLANS AND SPECIFICATIONS
City Manager Starbird elaborated on the staff report.
PP 97210 - Motion by Herfert and seconded by McFadden to approve
Plans & specs approved the plans and specifications for PP 97210 and authorize the City
Engineer to call for bids. Funds for the project to come out of the
Gas Tank Project savings. Motion carried 5-0.
REDEVELOPMENT AGENCY NEW LOS ANGELES MARKETING PARTNERSHIP -
fls AMP)
City Manager Starbird elaborated on the staff report.
NLAMP Motion by Touhey and seconded by Wong to a) approve
Level I ($10,000) participation in the NLAMP program for FY
96/97 using excess Business Improvement Tax funds; and b)
appropriate $10,000 from BIT funds to Account No. 118-304-2430-
6030. Motion carried 5-0.
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Council Minutes of 10/15/96
CITY MANAGER BUSINESS IMPROVEMENT TAX SURVEY
Motion by Touhey and seconded by McFadden to hold over this
item until the next Council meeting. Motion carried 5-0.
• COMMUNICATIONS LICENSE AND USE AGREEMENT WITH COX
CALIFORNIA PCS, INC.
Communications Director Keating presented the staff report.
Cox California PCS, Inc. Motion by Manners and seconded by McFadden to approve
the proposed License and Use Agreement authorizing Cox California
OCS, Inc. to establish and operate a telecommunications (PCS)
facility within Shadow Oak Park, and authorize the Mayor to
execute the agreement and its accompanying Memorandum.
Revenues received shall be placed in the Park Dedication Fund.
Motion carried 5-0.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Personnel 9/11/96
Planning 10/8/96
Administrative Review Board 10/3/96
Temporary Use Permits (receive & file) .
TUP #2342-96 was issued to Philip Guhl, Choice Christmas Trees,
for a pumpkin lot from 10/ 15 - 10/31 and Christmas trees from 12/3
- 12/24 at 572 S. Valinda.
TUP #2343-96 was issued to California Street Hockey Assn at
Orangewood Park for a charity Roller Hockey Tournament on 9/28.
TUP #2344-96 was issued to ESGV Japanese Center located at 1203
W. Puente for their Fall Festival to be held on 10/12.
TUP #2345-96 was issued to United Methodist Church, West
Covina, at 718 S. Azusa Avenue for a Crafts Fair on 10/12.
TUP #2346-96 was issued to Citrus Valley Queen of the Valley at
1115 S. Sunset for a Neo-Natal Celebration on 10/4.
TUP #2347-96 was issued to St. Christopher's Church at 629 S.
Glendora Avenue for a Festival on 10/4 to 10/6.
TUP #2348-96 was issued to DSG Mechanical at The Plaza at West
Covina for an airlift of mechanical units on 10/1.
TUP #2349-96 was issued to West Covina Nissan at 1840 E. Garvey
for a radio promotion on 1015.
TUP #2350-96 was issued to Unocal at 909 W. Garvey for a Grand
Opening on 9/27 to 10/14.
TUP #2351-96 was issued to Michael Steel at 744 S. Glendora
Avenue for a pumpkin lot on 10/15 to 10/31 and a Christmas tree lot
on 12/3 to 12/24 at 210 S. Vincent Avenue.
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Council Minutes of 10/15/96
TUP #2352-96 was issued to Philip Guhl for a pumpkin lot on 10/15
to 10/31 and a Christmas tree lot on 12/3 to 12/24 at 210 S. Vincent
Avenue.
Acceptance of Improvements/Release of Bonds
• SP 96115 - Street Rehabilitation - Asphaltic Concrete Overlay
Sully -Miller Contracting Co. Recommendation is to accept street improvements and re-
lease Seaboard Surety Company Bond No. 348352 in the amount of
$436,767.50, subject to Notice of Completion procedure.
Award of Bids:
1) Purchase of One Skid Car Driver Training Device Equip-
ment for the Police Department
Skid Car USA of Portland Recommendation is to a) find that it would be impractical,
useless, or uneconomical to initiate a formal bid process; and
b) authorize staff to proceed with the purchase of a Slid Car
Device from Skid Car USA of Portland, Oregon in the sum
not to exceed $44,100.
2) Purchase of One 1997 GMC Safari Van
Lasher Auto Center Recommendation is to a) find that the use of Lasher Auto
Center's Contract No. 1962320 with the state of California
eliminates the need for the use of a formal bid process; and
b) authorize the purchase of a 1997 AWD GMC Safari Van
from Lasher Auto Center in the amount of $23,568.83
including tax and delivery charge.
Miscellaneous - Public Works
1) Projects PP 94204, PP 94206, PP 95229 - Slope Rehabili-
tation (MD4) and Park Landscape Improvements in and
Adjacent to Shadow Oak Park - Approve Plans & Specs
Landscape Improvements - Recommendation is to approve plans and specifications for
Plans & Specs approved PP 94204, PP 94206, and PP 95229 and authorize the City
Engineer to call for bids.
2) Capital Improvement Program and Building Activity
Report - Third Quarter 1996
Recommendation is to receive the informational report.
Miscellaneous - Environmental Services
BKK Landfill Closure Plans - Status Report
BKK Closure Plans Recommendation is to receive and file the status report.
CONSENT CALENDAR MOTION Motion by Herfert and seconded by MCFadden to approve all items
listed on the Consent Calendar. Motion carried by roll call vote:
r AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
END OF CONSENT CALENDAR
Council Minutes of 10/15/96
PUBLIC WORKS REVIEW OF AZUSA AVENUE MEDIANS FROM TEMPLE
AVENUE NORTH OF CITY LIMITS
Council reviewed the staff report.
Azusa Avenue Medians Motion by Touhey and seconded by Herfert to hold this
matter over until the next Council meeting. Motion carried 5-0.
AWARD OF CONSULTANT SERVICES CONTRACT FOR
FINANCIAL ANALYSIS RELATED TO POTENTIAL SALE
OR LEASE OF THE WATER SUPPLY SYSTEM
City Manager Starbird elaborated on the staff report. Councilmem-
her Manners stated she was not convinced the sale of the water
system was a wise thing to do, and expressed her concern that all
implications of a sale be evaluated. Asked by Mrs. Manners if by
authorizing this study the Council was implying that sale of the
system was assumed, Mr. Starbird responded no.
Bookman-Edmonston Eng. Motion by McFadden and seconded by Herfert to a) concur
with the selection of Bookman-Edmonston Engineering Inc.,
Glendale, to perform the first phase of these services and authorize
the City Manager to enter into a Consultant Services Agreement with
this firm; and b) authorize the transfer of $22,000 from
unappropriated Water Fund Reserves to Account 340-320-2217-6110
(Engineering - Consultant Services) to fund the cost of the first phase
of consultant services. Motion carried 4-1 with Manners voting no.
REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 12:26 am to
convene the Redevelopment Agency. The City Council reconvened
at 12:32 am.
STATE HOME FUNDS APPLICATION -1996
Council reviewed the staff report.
City Clerk presented:
Resolution 9378 - RESOLUTION NO. 9378 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO
THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
HOME INVESTMENT PARTNERSHIPS PROGRAM; AND THE
EXECUTION OF A STANDARD AGREEMENT AND ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN
THE HOME INVESTMENT PARTNERSHIPS PROGRAM IF
SELECTED FOR SUCH FUNDING
Motion by Manners and seconded by Wong to waive further
reading of the resolution and adopt. Motion carried 5-0.
HUMAN SERVICES No reports for this meeting.
PUBLIC SAFETY POLICE DEPARTMENT -
UPDATE ON SCHOOL TRAFFIC ENFORCEMENT
Council reviewed the staff report.
Motion by Herfert and seconded by McFadden to receive
and file the status report. Motion carried 5-0.
FIRE DEPARTMENT -
AUTOMATIC FIRE SPRINKLER REGULATIONS -
ORDINANCE INTRODUCTION
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Council Minutes of 10/15/96
City Manager Starbird presented a brief staff report. He stated that
there is a timing issue relating to the standards for sprinkler systems
in parking structures. In response to Council's concerns regarding'
the residential and commercial components of this ordinance, he
suggested removing those components from consideration at this
point to enable Council to introduce the ordinance regarding the
parking structure standards.
Ordinance introduced - City Clerk presented:
Fire Sprinkler Systems AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
SECTION 7-18.13 AND 1-27 OF THE WEST COVINA
MUNICIPAL CODE AS THEY RELATE TO THE
REQUIREMENTS FOR INSTALLATION OF AUTOMATIC
FIRE SPRINKLER SYSTEMS, as amended
Motion by Herfert and seconded by Touhey to waive further
reading of the ordinance, as amended by the City Manager, and to
introduce. Mr. Starbird noted the ordinance will be revised to
reflect the changes in time for second reading.
CITY ATTORNEY DRAFT INITIATIVE ORDINANCE RELATING TO SITING
OF LANDFILLS AND OTHER WASTE DISPOSAL
FACILITIES IN WEST COVINA
Council reviewed the staff report.
Initiative Ordinance re landfills Motion by Herfert and seconded by Touhey to approve the
initiative ordinance as prepared by the City Attorney.
Councilmember Wong expressed the view that the initiative
ordinance language should completely ban future landfills, rather
than permitting them outside one mile of a residence with a 2/3 vote.
An amended motion by Wong and seconded by Manners to
eliminate the reference to a 2/3 vote and completely ban future
landfills. Mayor Touhey expressed the view that the original
language would be more defensible and would accomplish the same
thing. The City Attorney commenced a discussion on the vote
requirements in either case and to overturn the initiative. She also
addressed preemption concerns.
Mayor Touhey asked for a vote on the amendment, which
failed 2-3 with Herfert, McFadden, and Touhey voting no.
Mayor Touhey asked for a vote on the original motion,
which was approved 5-0.
ADMINISTRATIVE SERVICES No reports for this meeting.
DEMANDS Motion by Herfert and seconded by McFadden to approve Demands
totaling $1,360,576.46 as listed on check 165469 through 165744.
Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSTAIN: Touhey re WC Community Food Bank
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS Motion by Touhey and seconded by Manners to ratify the Resolution
of Commendation for retiring Vi Saunders. Motion carried 5-0.
The presentation was made earlier, in the evening.
Era
Council Minutes of 10/15/96
40
COUNCILMEMBERS' REPORTS
1) FEE STRUCTURE FOR FOOTHILL TRANSIT ZONE
Council concurred on holding this matter over until the next
regular Council meeting.
2) HOLLENCREST SCHOOL
Motion by Herfert and seconded by McFadden to refer this
matter to the City/School District subcommittee for
discussion at their next meeting. Motion carried 5-0.
3) USE OF CABLE TELEVISION FACILITIES BY
CANDIDATES
Council concurred on holding this matter over until the next
regular Council meeting.
ADJOURNMENT Motion by Herfert and seconded by McFadden to adjourn the
meeting at 12:54 am. Motion carried 5-0.
Attest:
V
City Clerk Janet Berf
Ma or Michael Touhey