11-19-1996 - Regular Meeting - MinutesMINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 19, 1996
The regular City Council meeting of the West Covina City Council was called to order at 7:50 pm by
Mayor Touhey 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 Mayor Touhey.
ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councilmembers Herfert,
Manners, Wong
Others Present: Starbird, Wylie, Collier, Glover, Greene, Samaniego, Keating, Jarrin, Ure,
Martyn, Yoshizald, Fong, McIsaac, Miller, Mayer, Berry
APPROVAL OF MINUTES Motion by Herfert and seconded by McFadden to approve the minutes of the
special meeting of November 5, 1996. Motion carried 5-0.
PRESENTATION Tina Daniels of West Covina Beautiful announced that the Christmas Tree
lighting ceremony is scheduled for 6:30 pm on December 5, 1996.
HEARING CODE AMENDMENT NO. 265 -
COMPREHENSIVE SIGN ORDINANCE REVISION
Code Amendment No. 265 - Mayor Touhey stated that Amendment No. 265 is a City -initiated project to
Sign Code Amendments revise the portions of the Municipal Code relating to signs. The intent in to
streamline sign review procedures, make sign code standards easier to
understand, and to update the regulations to reflect current market con-
ditions. This hearing was opened at the November 5th Council meeting and
continued until this evening.
City Manager Starbird suggested that Council consider Item K-lc (Admin-
istration of Political Sign Standards) concurrently, as the political sign
revisions are included in Code Amendment No. 265. Public comments can
be received on this issue as well. Council concurred with the suggestion.
Planning Director Collier presented the staff report and responded to
Council questions. l
City Manager Starbird presented the staff report concerning the Administra-
tion of Political Sign Standards.
Public Testimony Mayor Touhey asked for public comments in relation to Code Amendment
No. 265 and the Political Sign Standards. The following individuals
addressed Council:
Gary Enderle Gary Enderle, owner/operator of Round Table Pizza, favored the
• prohibition of political signs in the public rights -of -way. He also noted that
the California Penal Code prohibits all signs on utility poles.
. Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, agreed with Mr. Enderle.
Iris Delameter Iris Delameter, 1212 W. Eckerman, a) commended staff on the
graphics proposed for the Municipal Code, b) supported the address lettering
to 8" and suggested sometimes 12" would be even better, c) opposed year-
round banners, and d) commented on the enforcement of political signs, as
they become tiresome to look at if not pulled down in a timely fashion.
City Council Minutes of 11/19/96
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Edward MacNeil Edward MacNeil, 1233 Margarita Drive, noted that there was a
"Grand Opening - May 10" banner still flying in front of a local business.
He asked if ordinary citizens could pull down political signs.
Mayor Touhey asked for comments in opposition and the following person
addressed the Council:
Royal Brown Royal Brown, 2153 Aroma Drive, stated he was not in favor or in
opposition, but questioned a red sign erected sometime ago by a developer.
Planning Director Collier responded that his department is aware of the sign
and is working with the developer on that issue.
Testimony Closed As there were no others interested in addressing Council, Mayor Touhey
closed the public testimony portion of the hearing.
Council Discussion Councilmember Herfert stated that he had been instrumental in relaxing the
banner regulations to help increase business sales and no complaints have
been received during the eighteen -month trial period. He suggested there be
no changes until the trial period is over. In relation to political signs, he
favored permitting new candidates to erect signs in the tree wells to help
even -out the playing field. Incumbents have name recognition and: have an
easier time gaining perrmssion from residents for private property display.
Councilmember Manners agreed with Councilmember Herfert's comments
regarding political signs. She suggested exploring a clean-up deposit for
candidates to encourage timely removal and clean-up of political signs.
City Attorney Marlyn noted that the current code stipulates that
political signs shall be removed within ten days of the election. If a sign is
still up by the 1lth day, it is deemed as abandoned. She added that there is
strong argument that requiring a deposit for political signs is a violation of
the First Amendment.
Councilmember Wong stated he was concerned about the quality of the look
of the community, and was reluctant to continue with year-round banners.
Political signs can become visual clutter. Incumbents do have an advantage
over contenders, and perhaps incumbents should not be allowed to use
CATV. He was not opposed to banning political signs in the right-of-way,
feeling that political signs erected on residential properties mean so much
more. He added that whatever the finalized sign regulations, the City needs
to be very clear in the candidate instructions. He suggested rigorous
enforcement on the City's part to take down illegal signs.
Mayor Pro Tem McFadden had no problem with continuing the year-round
banner trial period and suggested that banners be replaced when they
become old and tattered. He was opposed to any changes in the political
sign regulations as they now stand. He did favor a $10/sign fine for signs
removed by the City. He asked the Planning Director for a clarification
regarding various appeal days regarding other sign issues as discussed in
Section 26-212. Planning Director Collier responded.
Mayor Touhey favored continuing with the year-round banners, but was
opposed to changing any of the political sign regulations at this point. He
felt they could be considered after the March 1997 election. He suggested
utilizing the Boys and Girls Club of San Gabriel to clean up political signs
(the same group the City contracts with for graffiti removal).
City Council Minutes of 11/19/96
Councilmember Manners recapped her preferences:
a) favored the whole sign ordinance;
b) shorten the beginning for political signs from 75 to 60 days, as
proposed;
c) pursue a refundable deposit for political signs; and
d) opposed the year-round banners relating to commercial signs.
Motion by McFadden.and seconded by Herfert to approve the sign
ordinance with respect to commercial signs with a continuation of the 18-
'monthbanner provisions and the political sign portion remain as currently
regulated. Upon further discussion, McFadden amended the motion and
was seconded by Herfert to increase the sign face to 5 sq. feet, as proposed,
-and the height-of-each-sign-fromthe-wp to the ground beno higher than 4
and 1/2 feet. City Attorney added that she would look into.'the political sign
ordinance deposit.
City Clerk presented:
Resolution 9390 -
RESOLUTION NO. 9390 - A RESOLUTION OF THE CITY
Certifying the Neg. Dec.
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTI-
FYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR CODE AMENDMENT NO. 265 (Comprehensive Sign
Ordinance Revision) PURSUANT TO THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT OF 1970, AS AMENDED
Motion by McFadden and seconded by Wong to waive further
reading of the resolution and adopt. Motion carried 5-0.
City;Clerk presented:
Ordinance introduced -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Code Amendment 265
WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS
OF CHAPTER 7 (BUILDINGS AND BUILDING REGULATIONS) AND
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO SIGNS (Code Amendment No. 265: Comprehensive Sign
Ordinance Revision), as amended
Motion by Herfert and seconded by McFadden to waive further
reading of the ordinance and to introduce. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Touhey
NOES: Wong
AGENDA AND ORAL COMMUNICATIONS
Edward MacNeil Edward MacNeil, 1233 Margarita Drive, spoke in favor of the proposed
prohibition on the sale of Saturday Night Specials (Item K-2).
Darren Herford Darren Herford, attorney for Sanborn Theaters, spoke in relation to Item C-
6d (vacating excess right-of-way on State Street). He claimed the facts in
the staff report does not support the recommendation and that a hearing was
required.
George Odgen George Ogden, 1249 Valinda Avenue, spoke in opposition to the proposed
prohibition on the, sale of Saturday Night Specials (Item K-2).
Iris Delameter Iris Delameter, 1212 W. Eckerman, commented on the proposed parking
restrictions on Glendora Avenue (Item C-6b). She also asked for a status of
the theater complex and restaurants. In relation to the BIT/BLT report (Item
K-lb), she suggested that Council receive and file the report, and wait until
Proposition 218 statutes have been figured out.
City Council Minutes of 11/19/96
Louis Fine Louis Fine, 1210 S. Robin Road, spoke in support of the proposed
ordinance prohibiting the sale of Saturday Night Specials (Item K-2).
John Scheuplein John Scheuplein, 1520 E. Newcrest, felt the prohibition on the sale of
Saturday Night Specials was symbolic only, giving a false sense of security
to citizens. He opposed the ordinance.
Janice Bonneville Janice Bonneville, 1521 Fairway Knolls, also commented on K-2, noting
that she owns several guns.
Lillian Fine Lillian Fine, 1210 S. Robin Road, spoke in favor of the proposed
prohibition on the sale'of Saturday Night Specials (Item K-2).
CONSENT CALENDAR Written Communications (none received)
Claims for Action (deny and notify claimant)
On August 20, 1996, the City Clerk's Office received a claim for personal
injuries from Kevin O'Dell. The amount of claim had not been determined
at time of presentation.
On August 20, 1996, the City Clerk's Office received a claim for personal
injuries from Ashley O'Dell (a minor). The amount of claim had not been
determined at time of presentation.
On August 20, 1996, the City Clerk's Office received a claim for personal
injuries from Chantell O'Dell. The amount of claim had not been deter-
mined at time of presentation.
Temporary Use Permits (receive and file)
TUP #2356-96 was issued to West Covina Nissan, 1840 E. Garvey Avenue,
for a radio promotion on 10/27/96.
TUP #2358-96 was issued to Bolender & LeMagie for a Christmas Tree lot
at 1200 W. Francisquito Avenue from 12/1 to 12/22.
TUP #2359-96 was issued to South Hills High School, 645 S. Barranca
Street, for a Christmas Tree lot from 12/6 to 12/8.
TUP #2360-96 was issued to West Covina Post Office, 396 S. California,
for a stamp promotion with a bank on 11/9.
Acceptance of Improvements/Release of Bonds
SP 96114 - Staff recommends accepting street improvements and releasing Reliance
California Pavement Insurance Company Bond No. B2732919, in the amount of $229,990.00,
Maintenance Company subject to Notice of Completion procedures.
Award of Bids
. 1) Slope Rehabilitation (MD4) and Park Landscape Improvements
In and Adjacent to Shadow Oak Park
. Recommendation is to accept the bid of Azteca Landscape, Pomona,
Slope Repair - in the amount of $77,501.58 as presented at the bid opening of
Azteca Landscape November 5, 1996 and authorize the Mayor and City Clerk to
execute the agreement.
2) PP 97210 - Sports Lighting at Maverick Feld
Recommendation is to a) transfer $45,000 from MP 87152 to PP
PP 97210 - . 97210; and b) accept the bid of Power Distributors, Inc., City of
City Council Minutes of 11/19/96
Power Distributors Industry, in the amount of $127,750.00 as submitted at the bid
opening of November 12, 1996, and authorize the Mayor and City
Clerk to execute the agreement.
3) PP 97220 - Heritage Gardens Park -
Phase H Planting and Irrigation
Recommendation is to accept the bid of Green Giant Landscape,
PP 97220 - Inc., La Habra, in the amount of $51,185.00 as submitted at the bid
Green Giant Landscape opening of November 12, 1996, and authorize the Mayor and City
Clerk to execute the agreement.
Miscellaneous - Environmental Services
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the status report.
Miscellaneous - Public Works
1) Parking Availability in the City Owned Parking Lot on
Glendora, between West Covina Parkway & Dalewood
Recommendation is to adopt the following resolution:
Resolution 9391 - RESOLUTION NO. 9391 - A RESOLUTION OF
Parking restrictions THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, SPECIFYING PARKING
RESTRICTIONS FOR THE CITY OWNED PUBLIC
PARKING LOT EASTERLY OF GLENDORA AVENUE
BETWEEN WALNUT CREEK PARKWAY AND
DALEWOOD STREET
2) Request from Walmerado Youth Pony Baseball League
Recommendation is to approve the use of funding, originally
Field Improvements for League designated for a snack bar, for field improvement on school
district property.
3) Summary Vacation of Excess Right -of -Way on State St.
Recommendation is to adopt the following resolution:
Resolution 9392 -
RESOLUTION NO. 9392 - A RESOLUTION OF
Vacation/State Street
THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, VACATING AND ABAN-
DONING A PORTION OF A STREET WHICH IS
EXCESS RIGHT-OF-WAY (State Street)
4) 1996/97 Capital Improvement Program
Additional appropriation re
Recommendation is to appropriate $51,446 from Construe -
Cortez Park
tion Tax fund balance to account 161-304-3341-7700 for the
Cortez Park property acquisition.
CONSENT CALENDAR MOTION
Motion by Herfert and seconded by McFadden to waive further
reading of the resolutions and adopt, and to approve all other items
listed on the Consent Calendar, except: Items C-6b (parking on
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Glendora Avenue) and C-6d (Vacation of State Street). Council -
member Wong stated that he would need to abstain from these two
items, due to Conflict of Interest laws. Motion carried by roll call
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vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
City Attorney Martyn suggested additional language to the proposed
resolution vacation and abandoning a portion of State Street (Item C-
6d). Council concurred with the revision. Motion by McFadden and
City Council Minutes of 11/19/96
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seconded by Manners to approve Items C-6b and C-6d (as
amended). Motion carried 4-0-1 with Wong abstaining (conflict of
interest).
Councilmember Wong encouraged staff to press the Department of
Toxic Substances Control to finish work on the BKK Class I Post -
Closure Permit. Staff to report back to Council.
PUBLIC WORKS 1) REVIEW OF AZUSA AVENUE MEDIANS FROM TEMPLE
AVENUE TO NORTH CITY LIMITS
City Engineer Glover presented the staff report.
Azusa Avenue Medians' ICouncil discussed the portions of the unlandscaped medians
that were of concern and the funding sources. Mayor Pro Tem
McFadden felt this was not a high enough priority and stated his
opposition. Councilmember Manners suggested completing the
north portion first, waiting on the BKK portion, and foregoing the
County section. Councilmember Herfert favored the entire project
and using the BKK Settlement funds to carry the project. Mayor
Touhey concurred with Councilmember Herfert and suggested
phasing the project over two to three years. Councilmember Wong
agreed and suggested that BKK pay for their share with develop-
ment fees.
Motion by Wong and seconded by Touhey to authorize the
City Engineer to retain the services of a landscape architect to
develop preliminary plans and cost estimate for Council review at a
cost not to exceed $10,000. Motion carried 4-1 with McFadden
voting no.
2) GUARD RAILS ALONG AMAR ROAD, WESTERLY OF
SHADOW OAK DRIVE
City Engineer Glover presented the staff report.
Guardrails along Amar Road Councilmember Wong stated that his concern was for the
safety of the residents adjacent to the road, more so than the safety
of the motorists.
Motion by Manners and seconded by Herfert to receive and
file the staff report. Motion failed 0-5.
Motion by Manners and seconded by Herfert to consider
Alternative No. 1 for guard rail installation. Motion carried 5-0.
Councilmember Herfert requested a study on a possible traffic
signal.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports.
Due to the lateness of the meeting (11:35 pm), Mayor Touhey
moved forward the following item for Council consideration, out of
deference to those sitting in the audience.
CITY ATTORNEY ORDINANCE PROHIBITING THE SALE OF "SATURDAY NIGHT
SPECIALS"
Councilmember Manners commenced a discussion on this item, noting the
the proposed ordinance targets poorly constructed handguns which, by their
very nature, are readily available and easily purchased. Mayor Touhey and
Mayor Pro Tem McFadden were opposed to the ordinance.
City Council Minutes of 11/19/96
City Clerk presented:
Ordinance introduced: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
"Saturday Night Specials" WEST COVINA, CALIFORNIA, ADDING WEST COVINA MUNICI-
PAL CODE SECTION 15-32, CHAPTER 15, ARTICLE II "FIREARMS"
PROHIBITING "SATURDAY NIGHT SPECIALS" AS DEFINED
' THEREIN
Motion by Manners and seconded by Wong to waive further
reading of the ordinance and introduce. Motion carried by roll call vote:
AYES: Herfert, Manners, Wong
NOES: McFadden, Touhey
ENVIRONMENTAL SERVICES
STATUS REPORT ON DESTRUCTION OF RECORDS BY CAL -EPA
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
CAL -EPA Destruction of Environmental Services Director Miller presented the staff report.
BKK Records Mayor Touhey stated that he wants the reportedly destroyed docu-
ments recreated and a new study performed by OEHHA. Further, he would
not be opposed to suing the State of. California. Councilmember Wong
agreed. Councilmember Herfert felt that this was one of the most serious
events in the history of the landfill. The destruction of records emphasizes
all the more the need to know whether West Covina residents are safe living
near the landfill.
Motion by Wong and seconded by Herfert to take the following
actions:
1) Authorize the Mayor to send a letter to the State expressing
the serious community concerns about this matter, asking for a full public
disclosure of all information on the destruction of these records, and
requesting an independent public review by qualified experts(s) of all data
used in the production of and the conclusions reached in the Addendum
Health Risk Assessment of Ambient Fugitive Vinyl Chloride Emissions
from the Class I Unit of the BKK Landfdl, West Covina, California.
2) Direct staff to make a Public Records Act request of all
appropriate agencies for all records associated with the development,
review, and production of draft and final versions of the Addendum health
Risk Assessment of Ambient Fugitive Vinyl Chloride Emissions from the
Class I Unit of the BKK Landfill, West Covina, California.
3) Direct the City's Waste Management and Environmental
Quality Commission to work with staff to investigate this matter and report
to the City Council.
Motion carried 5-0.
REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 12:14 am to
convene the Redevelopment Agency meeting. The City Council
reconvened at 12:20 am with all members present.
• HUMAN SERVICES No reports.
. PUBLIC.SAFETY No reports.
ADMINISTRATIVE SERVICES
PERSONNEL SERVICES
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City Council Minutes of 11/19/96
LIMITED SERVICE SALARY ADJUSTMENTS
The City Council reviewed the staff report.
City Clerk Berry presented:
Resolution 9393 - RESOLUTION NO. 9393 - A RESOLUTION OF THE CITY
Limited Service Salaries COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FDONG
' THE COMPENSATION OF CLASSIFICATIONS WITHIN THE CITY
OF WEST COVINA LIMITED SERVICE CLASSIFICATIONS, RES-
CMING RESOLUTION NOS. 9016 AND 8642
Motion by Herfert and seconded by McFadden to waive further
reading of the resolution and adopt. Motion carried 5-0.
GENERAL SERVICES CITY MANAGER
1) CITY COUNCHrSPONSORED BALLOT INITIATIVE
March 4th Ballot Argument Council reviewed the staff report and discussed the proposed
language. Council agreed that the last sentence of the first paragraph
should be stricken and that each of the Councilmembers should be
listed on the argument.
Motion by Herfert and seconded by Manners to approve the
argument language, noting above:
An amended motion was offered by Wong and seconded by
Manners to revise the last two sentences in the third paragraph to
more clearly state the Council intentions. Motion failed 2-3 with
Herfert, McFadden, and Touhey voting no. However, City
Attorney agreed that one sentence was awkward and suggested an
alternate phrase. Council concurred on her suggestion.
The original motion carried 5-0 (which included striking the
last sentence in the first paragraph, listing each Councilmember on
the argument, and the alternate phrase suggested by the City
Attorney.)
2) CITY COUNCIL QUESTIONS REGARDING BUSINESS
LICENSE AND BUSINESS IWROVEMENT TAX
Council agreed to hold this matter over to the next Council meeting,
due to the lateness of the hour.
3) ADMINISTRATION OF POLITICAL SIGN STANDARDS
This topic was discussed earlier during the public hearing relating to
the Comprehensive Sign Ordinance Revision.
APPROVAL OF DEMANDS Motion by Herfert and seconded by McFadden to approve Demands
totaling $1,119,061.41 as listed on check registers FI 166132
through 166399. Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
• NOES: None
ABSTAIN: Herfert re SCE
. Touhey re WC Community Food Bank
ORAL COMMUNICATIONS George Odgen, 1249 Valinda Avenue, a member of the VFW,
stated that he would appreciate anyone willing to help research the
names of persons who had served, been injured or killed during
World War U. The VFW is interested in paying tribute to these
individuals, as well as those involved with the Vietnam War.
City Council Minutes of 11/19/96
MAYOR'S REPORTS 1)
COUNCH MEMBERS' REPORTS
Mayor Touhey stated this would have to be considered at the
next meeting, due to the late hour of this meeting.
2) CALCULATION OF STAFF HOURS IN SUPPORT OF
COUNCILMEMBER PROGRAMS ON WCCT
Council reviewed the staff report.
Motion by Manners and seconded by Wong to
receive and file the staff report. Motion carried 5-0.
Councilmember Manners stated that she would not be seeking re-
election in March and that it has been an honor serving the citizens
of West Covina. She stated that one of her greatest satisfactions has
been the closing of the landfill to toxic waste, getting an MOU
between the City and the BKK Landfill, and ultimately the final
closure of the landfill. She also mentioned that she received a lot of
satisfaction working on regional and intergovernmental programs
and activities. She encouraged the other Councilmembers to become
involved in those levels of government too, as the City of West
Covina is the final benefactor.
Councilmember Manners requested that the meeting be adjourned in
memory of two outstanding members of the community who
recently passed away: Wayne (Jack) Gerhardt and Louise Thomas.
ADJOURNMENT Motion by Manners and seconded by Wong to adjourn the meeting
at 12:51 am in memory of Jack Gerhardt and Louise Thomas.
Motion carried 5-0.
M yor Mic 1ae1 Tou ey
Attest:
UGI�N�' 7C/
City=Clerk Janet Be
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