10-04-1994 - RegularREGULAR MEETING OF THE CITY COUNCIL
WEST COVINA, CALIFORNIA
Tuesday 7:30 p.m.
October 4, 1994 Council Chambers
A G E N D A
Agenda material is available for review beforethemeeting at the City Clerk's
Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City
complies with the Americans With Disabilities Act (ADA). If you will need
special assistance at this meeting, the City will try to accommodate you in every
reasonable manner. Please call (818) 814-8433 (voice) or (818) 960-4422 (TTY)
from 8 a.m. to 5 p.m. Monday through Friday for assistance. Please call at least
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determine if accommodation is possible. For sign language interpreter services
or use of hearing impaired aide at Council meetings, four working days may be
required.
INVOCATION Pastor Tommie Rose Farris
Faith Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL McFadden,,Herfert, Manners, Touhey, Wong
APPROVAL OF MINUTES Regular meeting of September 20, 1994
PRESENTATIONS/PROCLAMATIONS
Proclamations Code Enforcement Week
September 24-30, 1994
Escrow Month - October, 1994
White Cane Days - October 7 & 8, 1994
Fire Prevention Week - October 9-15., 1994
A) HEARINGS
1) General Plan Amendment No. 22 - Faith Community Church
The applicant is requesting approval of a General Plan
Amendment, a Zone Change, and a Precise Plan to
facilitate the construction and operation of a community
church including other miscellaneous ancillary uses as
identified in the Specific Plan document. The Planning
Commission conducted a public hearing on September 13,
1994, and recommended that the City Council approve the
General Plan Amendment and Zone Change, and certify the
negative Declaration of Environmental Impact. The
Planning Commission also approved the Precise Plan for
the project.
a)
b)
c)
d)
e)
f)
g)
I certify that copies of the
Council B�Va for the meeting
Of /�% t�/ Were posted in
accordance with the 1/87 Brown
Act Amendments.
Dated: 9-a29- 9j1
/911 n ....cksy..,
Verification of public
Presentation of staff
Open hearing
Public testimony
Close hearing
Council discussion
Recommendation is that
recommendation of t
adopting the following
ation
report
h
the City Council affirm the
e Planning Commission by
resolutions:
Office Of the City Clark.
•
City Council Agenda
October 4, 1994
A)
HEARINGS (Continued)
1)
2)
General Plan Amendment No. 22 - Faith Community Church
(Continued)
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO.
II-94-221 ZONE CHANGE NO. 643, AND PRECISE PLAN NO.
848, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED.
Motion by 2nd by
to waive further reading of the resolution and
adopt disapprove
RESOLUTION NO.
COUNCIL OF THE CITY OF
ADOPTING GENERAL PLAN AM]
COMMUNITY CHURCH).
hold over
A RESOLUTION OF THE CITY
WEST COVINA, CALIFORNIA,
NDMENT NO. II-94-22 (FAITH
Staff also recommends that the City Council affirm the
recommendation of the Planning Commission by introducing
the following ordinance:
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. 643 - Faith Community Church)
Motion by 2nd by
to waive further reading of the ordinance and
introduce disapprove hold over
ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden
Code Amendment No 256 - Categorical Exemption
Amendment No. 256 is a proposed amendment to Chapter 26
(Zoning), ARTICLE IX. MULTIPLE -FAMILY ZONES, and ARTICLE
X. NONRESIDENTIAL ZONES to establish standards for the
collection and loading of recyclable materials in certain
new and expanded nonresidential and multi -family
developments in response to Assembly Bill 939, the
California Solid Waste Reuse and Recycling Access Act of
1991.
a) Verification of publication
b) Presentation of staff report
c) Open hearing
d) Public testimony
e) Close hearing
f) Council discussion
g) Staff recommends that the City Council affirm the
recommendation of the Planning Commission by
introducing an ordinance entitled:
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City Council Agenda
October 4, 1994
A) HEARINGS (Continued)
2) Code Amendment No. 256 - Categorical Exemption
(Continued)
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 THE ESTABLISHMENT OF STANDARDS FOR RECYCLING
COLLECTION AND LOADING FACILITIES FOR
NONRESIDENTIAL AND MULTI -FAMILY RESIDENTIAL
PROJECTS (AMENDMENT NO. 256).
Motion by 2nd by
to waive further reading of the ordinance and
introduce disapprove hold over
ROLL CALL:, Manners, Touhey, Wong, Herfert, McFadden
B) AGENDA AND ORAL COMMUNICATIONS (30 minutes)
At this time the City Council will first receive comments on any item
(except public hearing matters).found on the Agenda, including items on
the Consent Calendar. When recognized by the Mayor, please come forward
to the podium and give your name, address and Agenda item you wish to
discuss. Your comments may be addressed when the Agenda item is discussed
by the Council.
Upon conclusion of comments regarding agendized items, if the thirty
minutes allotted for citizen comments is not completed, comments on any
other municipal matter will be allowed. The Ralph M. Brown Act limits the
City Council's and staff's ability to respond to comments on non-agendized
matters at the time such comments are made. Thus, your comments may be
agendized for a future meeting or referred to staff.
To assist us in properly recording your name or in contacting you, we ask
you to enter your name and address on the speaker's sheet at the podium.
This action is voluntary and is not a prerequisite to attending the
meeting or speaking to the Council.
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City Council Agenda
October 4, 1994
C) CONSENT CALENDAR
1) Written Communications (receive and file)
None received.
2) Commissions' Summary of Actions (receive and file)
a) Human Services 09/13/94
b) Planning .................................. 09/27/94
c) Senior Citizens' 09/08/94
d) Waste Mgmt./Environmental Quality ......... 09/22/94
3) ABC -Applications (Chief of Police reports no legal basis
for protest)
Sports Legends, Inc. dba Legends
Long Beach, CA 381 N. Azusa Avenue
4) Claims for Action (deny and notify claimants)
a) Henry P. Lopez vs City of West Covina
On June 30, 1994, the City's Office received a
claim for property damage amounting to $110.00.
b) Rudolfo Schmidt vs City of West Covina
On August 4, 1994, the City Clerk's Office received
a claim for property loss amounting to $680.00.
5) Temporary Use Permits (receive and file)
TUP 12196-94 for West Covina Nissan, 1840 E. Garvey, for
radio promo event, on August 27, 1994.
TUP 12200-94 for Philip Guhl, 512 S. Valinda, for pumpkin
& Christmas lot on October 15-31, 1994 and December 13-
24, 1994.
TUP #2201-94 for Nelson McKay, The Plaza, for Helicopter
A/C installation, on September 20, 1994.
TUP #2203-94 for Dickenson/Applebee's Cameron, 300 S.
California, for construction through October 24, 1994.
TUP #2206-94 for West Covina Nissan, 1840 E. Garvey, for
radio promo, on September 24, 1994.
6) Traffic Committee Minutes for September 20 1994
Items approved by the Traffic Committee are effective
upon approval of the City Council unless an Ordinance or
Resolution is needed for the action to be implemented.
a) The 1993 Annual Vehicular Accident Report was
reviewed by .the Traffic committee. Recommendation
is to receive and file.
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City Council Agenda
October 4, 1994
C) CONSENT CALENDAR (Continued)
6) Traffic Committee Minutes for September 20, 1994.
(Continued)
b) The 1992 and 1993 Annual Intersection Accident Rate
Report for 1992 and 1993 (Informational) was
reviewed by .the Traffic Committee. Recommendation
is to receive and file.
c) The Engineering and Traffic Survey of Glendora
Avenue was reviewed by the Traffic Committee. It
is recommended that the speed limit be retained at
35 mph on Glendora Avenue from Garvey Avenue South
to Vincent Avenue and 40 mph on Glendora Avenue
from Vincent Avenue to South City Limit.
d) The Engineering and Traffic Survey of Fairgrove
Avenue was reviewed by the Traffic Committee. It
is recommended that a speed limit be established on
Fairgrove from Lark Ellen to Azusa Avenue at 40
mph, (a decrease in existing speed limit) and that
an Ordinance be introduced by the City Council.
e) The request by the Los Angeles County Department of
Public Works that a two-way left turn lane be
installed on Amar Road, East of Valinda Avenue was
reviewed. It is recommended that the request be
approved.
f) The request of Donald and Patricia Best of 1945
Greenleaf Drive, West Covina, CA 91792., for the
installation of barricades on the South Side of
Amar Road between Temple Avenue and Shadow Oak
Drive was held over for further study.
g) The review of signing conditions on Azusa Avenue
South of the B.K.K. Landfill was reviewed by the
Traffic Committee. It is recommended that the
signs reading "Watch for Stopped Trucks" be changed
to "Watch for Trucks" on Azusa Avenue, South of the
entrance to the B.K.K. Landfill.
7) Miscellaneous
Engineering Department
a) Ordinance Introduction: Fairgrove Avenue Speed Zone
Implementation of the 40 mph speed zone on
Fairgrove Avenue that the City Council approved as
part of the Traffic Committee Minutes of September
20, 1994, requires the Municipal Code to be
amended. It is recommended that the City Council
introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF
THE WEST . COVINA .MUNICIPAL CODE RELATING TO
DECREASES OF STATE LAW MAXIMUM SPEEDS.
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City Council Agenda
October 4, 1994
C) CONSENT CALENDAR (Continued)
7) Miscellaneous (Continued)
Communications Department
b) Amendment to Section 4.5-7 of the Municipal Code
This report recommends Section 4.5-7 of the City's
Municipal Code, which concerns false alarm
prevention, be amended to reflect the revised
implementation schedule of service fees for police
responses to excessive false alarms, as was
approved by the City Council on August 2, 1994. It
is recommended that the City Council introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 4.5-7 OF
THE WEST COVINA MUNICIPAL CODE RELATING TO FALSE
ALARM PREVENTION.
ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 7:
Motion by 2nd by
to waive further reading of the ordinances and to introduce,
and to approve all other items listed
except
ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden
END OF CONSENT CALENDAR
D) PUBLIC WORKS SERVICES
No items scheduled for this meeting.
E) WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
No items scheduled for this meeting.
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City Council Agenda
October 4, 1994
F)
1) Final EIR for the Walnut Village Development
This is a report on the comments and recommendations made
by the Waste Management and Environmental Quality
Commission at their September 22, 1994 meeting on a
report by the California Department of Health Services on
birth rates in Walnut and how these recommendations
relate to the Walnut Village Development as well as any
new development in that area.
a) It is recommended that the City Council receive the
following recommendations as outlined on page 11 of
the California Department of Health Services,
"Analysis of a Cluster of Adverse. Pregnancy
Outcomes in Walnut, California," and transmit these
recommendations to the City of Walnut and the
appropriate regulatory agencies for evaluation as
to any development proposed east of the landfill:
i) That recent data on odor complaints be
.analyzed to determine whether the proposed
residential development area is still likely
to be impacted by odors; and
ii) That long-term (i.e., one year) and
comprehensive (i.e., multiple chemical) air
monitoring data be collected in the proposed
development area to determine whether
hazardous levels of contaminants are currently
changing this area. It is also recommended
that an assessment be conducted of the
potential for exposure to landfill emissions
to increase from their current levels over the
next several decades (be they through air,
groundwater, or underground gas migration).
b) It is also recommended that the City Council
consider the Commission's suggestion to conduct a
joint meeting between the Waste Management and
Environmental Quality Commission and the Walnut
Planning Commission (pending approval by the City
of Walnut) for the purpose of a presentation by the
Dept. of Health Services on their report regarding
birth rates in Walnut.
c) It is recommended that the City Council consider
the possibility of a joint ridgeline park with the
City of Walnut and, if desired, direct staff to
discuss the potential project with the City of
Walnut.
Motion by
approve
disapprove
agn&10.4 7
2nd by
hold over
to
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City Council Agenda
October 4, 1994
G) COMMUNITY DEVELOPMENT SERVICES
1) Redevelopment Agency
H)
I)
ogn&10-4
a) Recess the City Council meeting at am/pm to
convene the Redevelopment Agency meeting.
Reconvene the City Council meeting at am/pm.
b) Outdoor In -Line Hockey Facility at orangewood Park
On September 6, 1994, the City Council selected
California Street Hockey Association as the
preferred operator of a proposed outdoor in -line
hockey facility at Orangwood Park. This is a
status report on the project. It is recommended
that the City Council receive and file this report
and/or provide additional direction to staff.
Motion by
to
HUMAN SERVICES
2nd by
1) Consolidated Plan - Request For Proposals
New HUD regulations require the preparation of a.
Consolidated Plan that is required to apply for Community
Development Block Grants, Home, Hope and other HUD funded
programs. A request for proposals has been prepared to
solicit consultant services for the preparation of the
plan. It is recommended that the City Council authorize
staff to solicit proposals for the preparation of the
City's Consolidated Plan. ,
Motion by
approve disapprove
PUBLIC SAFETY SERVICES
1) Police Department
Community Education Center
2nd by
hold over
to
The Police Department wants to expand the role and scope
of The Plaza storefront and incorporate it into our
Community -wide approach for providing police services.
The Department wants to increase the presence and
visibility of our Officers to the merchants and customers
in The Plaza, thereby increasing the perception of
safety. To address these interests, The Plaza storefront
will be known as the Community Education Center (CEC) and
its focus will be redefined to incorporate the work of
the Department's Crime Prevention and Community Relations
Office and other educational entities. It is recommended
that the City Council take the following actions:
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City Council Agenda
October 4, 1994
I)
J)
K)
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PUBLIC SAFETY SERVICES (Continued)
1) Police Department (Continued)
Community Education Center (Continued)
a) approve the change in location of the Police
Department storefront;
b) allow the Chief of Police to enter into a two year
agreement with CenterMark for the use of the retail
space by signing a Temporary License Contract; and
c) allow the Chief of Police to spend no more than
$40,000 from the D.E.R. budget to refurbish and
remodel the newly acquired retail storefront space.
Motion by 2nd by to
approve disapprove hold over
No items scheduled for this meeting.
GENERAL ADMINISTRATION
1) City Manager
a) Retention of Legislative Advocate Services
The City Manager is recommending that the City
Council approve a contract with the firm. of John
O'Malley and Associates to provide the City with
legislative advocacy services in Sacramento.
Although Mr. O'Malley's principal focus will be on
matters related to BKK, he will also be available
to represent the City on other matters as
necessary. It is recommended that the City Council
approve the retention of John O'Malley and
Associates as described in the staff report;
authorize the City Manager to execute the services
contract; and appropriate $33,000 from the BKK
litigation reserve for the legislative advocacy
program.
Motion by
2nd by
approve disapprove hold over
to
b) Public Meeting on Proposed Power Generation Tax and
Increase in Tax Rate for Sanitary Landfill Sites
and Facilities
On August 16, 1994, the City Council considered a
proposal to impose a 10% business license tax on
gross receipts on power generation facilities other
than those belonging to utilities covered by a
franchise, and to increase the existing business
license tax rate on sanitary landfill sites and
facilities form the current 10% to 15%. Under
State law, the City is required to hold a Public
Meeting and a separate Public Hearing prior to the
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City Council Agenda
October 4, 1994
R)
L)
GENERAL ADMINISTRATION (Continued)
1) City Manager (Continued)
b) Public Meeting on Proposed Power Generation Tax and
Increase in Tax Rate for Sanitary Landfill Sites
and Facilities
(Continued)
imposition of either of these proposals. The City
Council has established October 4 as the date of
the Public Meeting. It is recommended that the
City Council receive public testimony on either or
both of these proposals this evening, and once
again receive public testimony at the Public
Hearing scheduled for October 18, 1994.
Motion by
to
APPROVAL OF DEMANDS
2nd by
The City Council reviews and approves accounts payable by the
City. These demands represents accounts payable since the
most recent regular meeting of the City Council.
Motion by
approve
disapprove
2nd by
hold over
ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden
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City Council Agenda
October 4, 1994
M) ORAL COMMUNICATIONS
N) MAYOR'S REPORT
1) Nomination for the Board of the San Gabriel Basin Water
Ouality Authority
The San Gabriel Basin Water Quality Authority is governed
by a five -member board. One seat on the board represents
cities without pumping rights and this term is due to
expire on January 1, 1995. The WQA Board has called for
nominations for the board seat representing cities
without pumping rights. This is a matter of Council
policy and staff makes no recommendation. If the Council
chooses to nominate a candidate, the WQA requires a
resolution naming the candidate be forwarded to WQA
Headquarters not later than October 16, 1994. The
Council may wish to consider:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, NOMINATING
COUNCILMEMBER TO REPRESENT CITIES
WITHOUT PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL
BASIN WATER QUALITY AUTHORITY.
Motion by 2nd by
to waive further reading of the resolution and to
adopt disapprove hold over
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City Council Agenda
October 4, 1994
O) COUNCILMEMBERS' REPORTS
1) Proposed Resolution Opposing Proposition 188
Councilmember Manners has requested that a Resolution
opposing Proposition 188, the Philip Morris Initiative,
be agendized for Council consideration. This is a matter
of Council policy and staff makes no recommendation. The
Council may wish to consider:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING
PROPOSITION 188, THE PHILIP MORRIS, INITIATIVE ON THE
NOVEMBER 1994 BALLOT.
Motion by 2nd by
to waive further reading of the resolution and
adopt disapprove hold over
P)
Tuesday
Tuesday
Tuesday
Tuesday
Tuesday
Motion by 2nd by
to adjourn the meeting at
CITY COUNCIL MEETING SCHEDULE
Oct.
18,
1994
7:30
pm
Nov.
01,
1994
7:30
pm
Nov.
15,
1994
7:30
pm
Dec.
06,
1994
7:30
pm
Dec.
20,
1994
7:30
pm
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am/pm.
Regular meeting
Regular meeting
Regular meeting
Regular meeting
Regular meeting