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05-21-1996 - RegularREGULAR MEETING OF THE WEST COVINA CITYCOUNCIL Tuesday 7:30 p.m. May 21, 1996 _ Council Chambers AGENDA Agenda material is available for review before the meeting 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 fi1'1') from 8 am. to 5 p.m. Monday through Friday for assistance. Please call at least 48 hours prior to the meeting to inform us of your particular needs and to 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 Reverend James Williams St. Martha's Episcopal Church PLEDGE OF ALLEGIANCE ROLL CALL Touhey, McFadden, Herfert, Manners, Wong APPROVAL OF MINUTES Special meeting of April 26, 1996 Special meeting of May 6, 1996 Special meeting of May 7, 1996 Regular meeting of May 7, 1996 Special meeting of May 13, 1996 PRESENTATIONS Goodwill Industries Month (May) A) HEARINGS There may be reasonable limitations placed on the time for oral testimony at public hearings before the City Council. Speakers should be prepared to submit additional comments beyond the time limit in writing to the City Clerk at or before the time set for the public hearing. 1) Continued Joint Public Hearing on the Proposed Amended and Restated Disposition, Development and Owner Participation Agreement by and among the Redevelopment Agency and Hassan Imports Partnership and West Covina The City Council and Agency Board shall consider the approval of separate resolutions regarding the approval of the Agreement which would, among other things, provide for the sale of the La Ronde Apartment site to Hassen Imports Partnership. The City will consider a resolution consenting to the approval of the Agreement between the Agency, Hassen Imports Partnership and West Covina Motors, Inc. The Agency will consider a resolution approving the Agreement between the Agency, Hassen Imports Partnership and West Covina Motors, Inc. a) b) c) d) e) f) I certify that copies of the Counc Agenda for the meeting le — of were posted in acco dance with the 1/87 Brown Act Amendments. Dated: J'1j7/%( Office of the.013fouk Presentation of staff report Open hearing Public testimony Close hearing Council discussion Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA OF THE AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND HASSEN IMPORTS PARTNERSHIP AND WEST COVINA MOTORS, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over City Council Agenda • • May 21, 1996 A) HEARINGS (continued) 2) General Plan Amendment No. 96-1-26 Code Amendment No. 266 (Density Bonuses and Housing Affordability) Negative Declaration of Environmental Impact The proposed Code Amendment will add provisions to the Zoning Code related to the granting of density bonuses and other incentives for the purposes of producing affordable housing. The Code Amendment will specifically implement requirements of State law for granting mandatory density bonuses to housing developments with lower -income or senior citizen housing units. The General Plan Amendment will add provisions to the Land Use Element to permit the granting of density bonuses (under specified terms) for densities in excess of the otherwise established limits. a) Verification of publication b) Presentation of staff report c) Open hearing d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council adopt the following resolutions: 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. 1-96-26 AND CODE AMENDMENT NO. 266 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970) AS AMENDED. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 1-96-26 RELATING TO DENSITY BONUSES 'AND HOUSING AFFORDABILITY. Motion by 2nd by to waive further reading of the resolutions and adopt disapprove hold over Staff also recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE (ZONING) RELATED TO DENSITY BONUSES AND HOUSING AFFORDABILITY (CODE AMENDMENT NO. 266). Motion by 2nd by to waive further reading of the ordinance and introduce disapprove hold over ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey agnd05.21 ' City Council Agenda • • May 21, 1996 A) HEARINGS (continued) 3) The proposed code amendment would amend certain portions of Division 20, Article XII of the Zoning Code (Sections 26-685.4100 et. seq.) related to adult -oriented businesses. Staff recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE (ZONING) RELATED TO ADULT -ORIENTED BUSINESSES (CODE AMENDMENT NO. 272). Motion by 2nd by _ waive further reading of the ordinance and introduce disapprove hold over ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey to B) AGENDA AND ORAL COMMUNICATIONS At this time the City Council will fast receivecomments 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 speakers' sheet at the podium. This action is voluntary and is not a prerequisite to attending the meeting or speaking to the Council. agnd05.21 City Council Agenda • May 21, 1996 C) CONSENT CALENDAR 1) Written Communications None received. 2) Commissions' Summary of Actions (receive and file) a) Personnel-------------------------------------------------05/08/96 b) Planning -------------------------------------------------- 05/14/96 3) Temporary Use Permits (receive and file) TUP #2315-96 for West Covina Nissan, located at 1840 E. Garvey Avenue, on 4/21/96, for a radio promotion. TUP #2316-96 for West Covina Nissan, located at 1840 E. Garvey Avenue, on 4/27/96, for a radio promotion. TUP #2317-96 for Mission Chrysler, located at 298 N. Azusa Avenue, on 5/3/96 for a radio promotion. TUP #2320-96 for West Covina Nissan, located at 1840 E. Garvey Avenue, on 5/11/96, for radio promotion. TUP #2321-96 for Medical Dental Group, located at 1400 West Covina Parkway, on 5/11/96 for radio promotion - grand opening. 4) Acceptance of Improvements and/or Release of Bonds a) Proiect Nos. PP-95211. PP-95217. PP-95223_ e b) c) Staff recommends that the City Council accept sports lighting improvements and authorize release of Executed In Three Counterparts, Bond No. 1496360, in the amount of $303,401.001 subject to Notice of Completion. Staff recommends that the City Council accept curb and gutter improvements and authorize release of Amwest Surety Insurance Co., Bond No. 1292132, in the amount of $40,905.00, subject to Notice of Completion. Staff recommends that the City Council accept slurry seal improvements and authorize release of Safe Co. Insurance Company., Bond No. 5841236, in the amount of $119,656.71, subject to Notice of Completion. 5) Ordinance for Adoption (waive reading and adopt) At the City Council meeting of May 7, 1996, an ordinance was introduced and is before the City Council for adoption this evening. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING URGENCY ORDINANCE NO. 1962. agnd05.21 City Council Agenda • • May 21, 1996 C) CONSENT CALENDAR (continued) 6) Miscellaneous - Public Works Tract Nos. 32324, 421692 32323 and 33656 were initially subdivided by Ponderosa, Inc. They completed some work on the tracts and then sold their remaining interests to South Hills Homes Partnership. South Hills Homes Partnership submitted subdivision agreements which were secured by Second Trust Deeds to the City to release Ponderosa from their responsibilities. Much of the originally secured work has been completed'with the remaining improvement costs estimated at $2,980,000. South Hills Homes Partnership has requested a new agreement secured by a new Second Trust Deed in the amount of $2,980,000. It is recommended that the City Council authorize the release of all current Second Trust Deeds and all bonds for Tract Nos. 32324, 42169, 32323, and 33656 concurrent with a new Second Trust Deed in favor of the City in the amount of $2,980,000 and a new all encompassing agreement for any remaining improvements in Tract Nos. 32324, 421691 32323, and 33656 as well as Tentative Tract No. 47809 and Tentative Parcel' Map 22037. 7) Miscellaneou`s - Personnel Services 9E Utilization of an early retirement incentive option offered through the Public Employees' Retirement System (PERS) is proposed for the Human Services Director. It is recommended that the City Council approve the provision of the two additional years of service credit pursuant to Government Code Section 20821.6 for the Human Services Director and direct staff to bring back an enabling resolution between the City and PERS for approval. . The City Council authorized the City Engineer to develop energy saving projects as part of the long range strategic financial plan. The funding for these projects was approved as part of last years Capital Improvement Program. The Southern California Edison Company has a program in which a lower electricity rate is offered in exchange for the opportunity to interrupt electricity during peak demands. This interruptible rate is anticipated to save $45,000 annually for an initial cost of $29,000. It is recommended that the City Council authorize the City Engineer to subscribe to Southern California Edison's interruptible service rate and approve the purchase of telemonitoring equipment in the amount of $22,120 from Southern California Edison. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 8: Motion by 2nd by to waive further reading of the ordinance and adopt, and to approve all items listed, except ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey END OF CONSENT CALENDAR agnd05.21 5 City Council Agenda • • May 21, 1996 D) PUBLIC WORKS SERVICES 1) West Covina Landscape Maintenance District No 1 - Setting of 1996 97 Property Tax Rate Annually, the City Council sets the tax rate for Landscape Maintenance District No. 1. Staff is proposing to set the tax rate for 1996-97 at $0.01 per hundred dollars of assessed valuation (unchanged from 1995-96). This levy will raise approximately $13,820. It is recommended that the City Council review the Engineer's report and adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. I AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1996. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over 2) West Covina Landscape Maintenance District No 2 Annually the City Council sets the tax rate for Landscape Maintenance District No. 2. Staff is proposing to set the tax rate for 1996-97 at $0.01 per hundred dollars of assessed valuation (unchanged from 1995-96). This levy will raise approximately $10,330. It is recommended that the City Council review the Engineer's report and adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1996. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over E) WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting. F) ENVIRONMENTAL SERVICES 1) Countywide Integrated Waste Management Plan & Siting Element This is a report on the Los Angeles County Integrated Waste Management Summary Plan and the Countywide Siting Element. The Plan summarizes the activities and programs the cities in Los Angeles County are proposing to comply with the State requirement to divert waste from landfills. The Siting Element lists the possible locations of waste disposal facilities that will provide a 15-year disposal capacity for all of the County and cities. It is the recommendation of the Waste Management and Environmental Quality Commission and staff that the City Council take the following actions: a) Support the Siting Element as a short-term, fair -share approach for waste disposal that does not rely on any one geographical area, provided that the next step is taken to develop a truly integrated waste management plan with the cities and the county. b) Convey this support and comments to the County Waste Management Task Force, the County, and all the cities. Motion by 2nd by to approve disapprove hold over agnd05.21 City Council Agenda • • May 21, 1996 G) COMMUNITY DEVELOPMENT SERVICES 1) Redevelopment Agency , Recess the City Council meeting at am/pm to convene the Redevelopment Agency. Reconvene the City Council meeting at am/pm. H) HUMAN SERVICES 1) 1996 Fourth of July Event This report outlines the elements and costs associated with the proposed 1996 Fourth of July Event as compared with the 1995 Fourth of July Event and describes possible funding sources. It is recommended that the City Council approve the 1996 Fourth of July Event Budget of $16,245 using B.I.T. funds and appropriate $2,100 of B.I.T. funds into the 1995-96 Budget. Motion by 2nd by to approve disapprove hold over 2) 1996-97 CDBG Allocations The City has been notified by the HUD area office that the City's 1996-97 entitlement amount will be $114287000. This represents an increase of $128,000 from the dollar planning figure of $1,300,000 and will require its allocation to programs and projects proposed for 1996-97. It is recommended that the City Council approve: a) The reallocation of 1995-96 Social Services Program funds as noted in the body of this report, and; b) The allocation of additional 1996-97 CDBG funds as noted in the body of this report. Motion by 2nd by to approve disapprove hold over I) PUBLIC SAFETY SERVICES No items scheduled for this meeting. J) ADMINISTRATIVE SERVICES No items scheduled for this meeting. K) CITY MANAGER 1) BKK Business License Tax Litigation Settlement Agreement - Oral Presentation 2)County Library Community Facilities District On February 20, the City Council authorized the staff to conduct a survey of property owners within West Covina regarding the County Library District's Community Facilities District. The Community Facilities District has been created to levy benefit charges on real property for the purpose of raising revenue to fund County Library services within the unincorporated portions of the County and within incorporated cities which consent to inclusion within the District. The survey results are now available, and the City Council will consider the City's participation in the District. If the City Council elects to annex to the Community Facilities District, it is recommended that the City Council adopt the following resolution: agnd05.21 City Council Agenda • • May 21, 1996 IQ CITY MANAGER (continued) 2) County Library Community Facilities District (continued) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY IN COMMUNITY FACILITIES DISTRICT NO. 8 OF THE COUNTY OF LOS ANGELES. Motion by 2nd by to waive further reading of the resolution and adopt disapprove 11674 hold over If the City Council elects not to annex to the Community Facilities District, it is recommended that this report be received and filed. Motion by 2nd by to L) APPROVAL OF DEMANDS The City Council reviews and approves accounts payable by the City. These demands represent accounts payable since the most recent regular meeting of the City Council. Motion by 2nd by to approve disapprove hold over ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey M) ORAL COMMUNICATIONS N) MAYOR'S REPORT I) Each year the Mayor appoints members of the City Council to various responsibilities including membership or liaison with other agencies. This is a matter of the Mayor's discretion and Council confirmation in appointments and staff makes no recommendation. The San Gabriel Valley Council of Governments requires a Resolution appointing a representative and alternate. agnd05.21 8 City Council Agenda • May 21, 1996 N) MAYOR'S REPORT (continued) 1) Annual Appointments by the Mayor of Council Representatives to Outside Boards and Committees (continued) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA NAMING AS THE GOVERNING BOARD REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND AS ALTERNATE. Motion by 2nd by _ to waive further reading of the resolution and adopt disapprove N) COUNCILMEMBERS' REPORTS 1) Resolution for Mr. Vern Mottinger P) ADJOURNMENT Motion by 2nd by adjourn the meeting at p.m. CITY COUNCIL MEETING SCHEDULE Monday June 3, 1996 5:30 p.m. hold over to Budget Study Session RDA/Chamber of Commerce Tuesday June 4, 1996 7:30 p.m. Regular meeting Monday June 10, 1996 5:30 p.m. Budget Study Session CIP Tuesday June 18, 1996 7:30 p.m. Regular meeting Thursday June 27, 1996 6:30 p.m. Joint meeting with Personnel Commission agnd05.21 9