06-04-1996 - RegularTuesday
June 4, 1996
REGULAR MEETING
O£THE
WEST COVINA CITY COUNCIL
AGENDA
7:30 p.m.
Council Chambers
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 (AOA). 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 (TM 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
PLEDGE OF ALLEGIANCE
ROLL CALL Touhey, McFadden, Herfert, Manners, Wong
APPROVAL OF MINUTES Special meeting of May 13, 1996 - Budget
Special meeting of May 20, 1996 - Budget
Regular meeting of May 21, 1996
PRESENTATIONS /PROCLAMATIONS
Proclamations Muscular Dystrophy Week July 1-6, 1996
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) Adult -Oriented Business Ordinance - Code Amendment No 272
The proposed code amendment will revise certain portions of the City's existing
ordinance regulating adult -oriented uses. The revisions are intended to assure that the
City's ordinance is consistent and up to date with the most recent court rulings
regarding how adult -oriented businesses may be sited and regulated.
a) Presentation of staff report
b) Council discussion
c) Recommendation: 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 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
to waive further reading of the ordinance and
introduce
ROLL CALL:
I oertify that copies of the
Council Agenda for the meeting
of were posted in
accordance with the 1/87 Brown
Act Amendments.
Dated: ��2//fo
Office of the City
disapprove hold over
Herfert, Manners, McFadden, Wong, Touhey
City Council Agenda • •
June 4, 1996
2) Citywide Sewer Standby and Availability Charges for Fiscal Year 1996-97 and
3)
Under the provisions of the State law, a public hearing is required to be held by the
City Council on the collection method for the Citywide Sewer Standby and Availability
Charges for Fiscal Year 1996-97. The proposed rate for 1996-97 is $21.95 per unit.
This proposed rate is unchanged from the current fiscal year (1995-96) rate.
a) Receive and file the Affidavit of Publication
b) Open hearing
c) Review City Engineer's Report
d) Review written protests, if any
e) Receive oral protests, if any
f) Close hearing
g) Council discussion
h) Allow or override protests, if any
I) 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 AUTHORIZING THE
COLLECTION OF THE ANNUAL SEWER STANDBY AND AVAILABILITY
CHARGES THROUGH THE COUNTY GENERAL TAX BILL.
Motion by 2nd by
to waive further reading of the resolution and
adopt disapprove hold over
On May 7, 1996, the City Council preliminarily approved the Engineer's Report for the
West Covina Citywide Lighting and Maintenance District 1996-97. The City Council
declared its intention to levy and collect assessments and set June 4, 1996 as the date
for the required public hearing. Staff is proposing to decrease the assessment rates by
2% from the current level of Fiscal Year 1995-96. The total amount to be assessed is
approximately $3.27 million.
a) Receive and file Affidavit of Publication
b) Open hearing
c) Review City Engineer's Report
d) Review written protests, if any
e) Receive oral protests, if any
f) Close hearing
g) Council discussion
h) Allow or override protests, if any
1) 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 CONFIRMING THE REPORT OF
THE CITY ENGINEER DATED APRIL 30, 1996, PREPARED PURSUANT TO
RESOLUTION NO. 9296, DATED FEBRUARY 20, 1996, AND PRELIMINARILY
APPROVED PURSUANT TO RESOLUTION NO. 9318 OF SAID COUNCIL, AND
THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT
CONTAINED IN SAID REPORT; ORDERING CERTAIN LIGHTING FIXTURES
AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES
AND TO ORDER CERTAIN LANDSCAPING TO BE INSTALLED AND
MAINTAINED AND TO ORDER CERTAIN PARKS TO BE IMPROVED AND
MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1996. WEST COVINA
CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (FISCAL YEAR 1996
1997
Motion by 2nd by
to waive further reading of the resolution and
adopt disapprove hold over
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City Council Agenda
June 4, 1996
4) Public Nuisance Abatement HearinP
Applicant: 219 N. Maplewood Avenue
3105 E. Virginia Avenue
900 E. Herring Avenue
In November, 1993, the City Council adopted an Administrative Nuisance Abatement
Ordinance. Three unmaintained pools were determined to present a threat to life and
public health and were pumped. The City Council will conduct a hearing as required
by Section 15-204 of the Municipal Code regarding the emergency abatement
a) Verification of Affidavit of Mailing
b) Presentation of staff report
c) Open hearing
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: It is recommended that the City Council adopt the following
resolutions:
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, DECLARING PROPERTY
LOCATED AT 219 N. MAPLEWOOD AVENUE A PUBLIC NUISANCE.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, DECLARING PROPERTY
LOCATED AT 3105 E. VIRGINIA AVENUE A PUBLIC NUISANCE.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, DECLARING PROPERTY
LOCATED AT 900 E. HERRING AVENUE A PUBLIC NUISANCE.
Motion by 2nd by
to waive further reading of the resolutions and
adopt disapprove hold over
5) Joint Public Hearing on the Proposed First Amendment to the Disposition and
Development Agreement between the West Covina Redevelopment Agency and
Edwards Theatres Circuit. Inc.
The Redevelopment Agency and the City Council will consider a proposed First
Amendment to the Disposition and Development Agreement (DDA) between the
Redevelopment Agency and Edwards Theatres Circuit, Inc. (Developer) which provides
for minor changes in the scope of development and changes in the financial
participation of the project:
a) Verification of publication
b) Presentation of staff report
c) Open hearing
d) Public testimony
e) Close hearing
f) Council discussion
g) 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 APPROVING AND AUTHORIZING THE
EXECUTION OF THE FIRST AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA AND EDWARDS THEATRES
CIRCUIT, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH.
Motion by 2nd by to
waive further reading of the resolution and
adopt disapprove hold over
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City Council Agenda •
June.4, 1996
B) AGENDA AND ORAL COMMUNICATIONS
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 staffs ability to respond to comments on non-agendized matters at the time such comments are made.
Thus, your comments maybe 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.
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City Council Agenda • •
June 4, 1996
C) CONSENT CALENDAR
I) Written Communications
None received.
2) Commissions' Summary of Actions (receive and file)
a) Human Services-----------------------------------------------05/14/96
b) Planning------------------------------------------------------05/28/96
c) Senior Citizens'------------------------------ 05/09/96
------------------
d) Waste Mgmt./Env. Quality------------------------------------05/16/96
3) Temporary Use Permits (receive and file)
TUP #2318-96 for Sears & Roebuck, located at 1400 West Covina Parkway (The Plaza)
on 5/21/96, for a construction trailer, etc.
TUP #2323-96 for West Covina Nissan/KIA, 1840 E. Garvey Avenue, radio promotion
on May 26, 1996.
4) Acceptance of Improvements and/or Release of Bonds
Tract No. 48997 - Cham Developers
Recommendation is to accept on -site improvements located at Woodgate Drive between
Adrienne and Francesca Drive, and authorize release of Certificate of Deposit of
International Bank of California in the amount of $337,000.
5) Traffic Committee Minutes for May 21 1996
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) A City -initiated request to review traffic conditions within the Civic Center
parking areas resulted in a recommendation:
THAT THE INFORMATION COMPILED BY THE TRAFFIC COMMITTEE BE
REFERRED BACK TO THE SAFETY COMMITTEE FOR MORE DEFINITIVE
INPUT ON THEIR REQUEST. THEN FURTHER STUDY AND ACTION CAN BE
TAKEN BY THE TRAFFIC COMMITTEE.
b) A request from Jennifer Gonzales, 731 East Cameron Avenue, that parking be
restricted to two hours along the north side of Cameron Avenue abutting 731
East Cameron Avenue, except by permit only resulted in a recommendation:
THAT PARKING ABUTTING 731 EAST CAMERON AVENUE BE PROHIBITED
(MONDAY 8:00 A.M. - 6:30 P.M., TUESDAY, WEDNESDAY, THURSDAY,
AND FRIDAY 8:00 A.M. - 5:00 P.M.), EXCEPT BY PERMIT ONLY.
c) A request from Ivy Sun, South Hills Academy, 1600 East Francisquito Avenue,
that parking be prohibited 50 feet east and west of the two driveway exits from
South Hills Academy at 1500 and 1600 East Francisquito Avenue resulted in a
recommendation:
THAT PARKING BE PROHIBITED 50 FEET EAST AND WEST OF THE TWO
DRIVEWAY EXITS FROM SOUTH HILLS ACADEMY AT 1500 AND 1600 EAST
FRANCISQUITO AVENUE.
d) A request from William H. Higley, 710 North Astell Avenue, that parking be
prohibited on the west side of Lark Ellen Avenue, north of Louisa Avenue and at
the north side of Puente Avenue, east of Astell Avenue resulted in a
recommendation:
HOLD OVER FOR FURTHER STUDY.
6) Ordinance for Adoption (waive reading and adopt)
At the City Council meeting of May 21, 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, AMENDING CERTAIN SECTIONS OF CHAPTER 26
OF THE WEST COVINA MUNICIPAL CODE (ZONING) RELATED TO DENSITY
BONUSES AND HOUSING AFFORDABILITY (CODE AMENDMENT NO. 266).
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City Council Agenda • •
June 4, 1996
7) Miscellaneous - City Manager
a) Appropriation for WCCT
The FY 1995-96 annual budget for WCCT operations at Mt. San Antonio
College is established within the Settlement Agreement between the City and
Charter Communications, approved by the City Council on September 28,
1995. This budget is supported entirely by payments made by Charter to the
City of West Covina, a portion of which is to be remitted to MSAC. In order to
make the required remittance, an appropriation of funds already received from
Charter Communications must be authorized by the City Council. It is
recommended that the City Council appropriate $45,200 in revenues received
from Charter Communications to account 110-320-2632-6120.
/ti) Local Enforcement Agency Contract for Legal Services
Mr. Colin Lennard, who has provided legal services to the Local Enforcement
Agency as general counsel and to the City as special counsel for environmental
matters, has announced a move from the Burke, Williams and Sorensen to the
firm of Fulbright and Jaworski. A legal services agreement reflecting this
change is before the City Council for consideration. It is recommended that the
\ City Council approve the agreement for legal services with Fulbright and
Jaworski, and authorize the Mayor to execute the agreement on behalf of the
City.
Miscellaneous - Human Services
c) YMCA Agreement Renewal
The City's Annual Facility Use Agreement with the YMCA for recreation
services at the Shadow Oak Community Center terminates on June 30, 1996.
This report evaluates the service for the past 9 months and outlines future
services. It is recommended that the City Council approve Amendment No. 4 to
the YMCA Facility Use Agreement for services at Shadow Oak Park.
Miscellaneous - Finance Department
d) Suxvlus Property
The City Council periodically declares as surplus City Property which is no
longer useful to the City, thereby, allowing the property to be disposed of as
provided for by the Municipal Code. 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, DECLARING CERTAIN CITY
PROPERTY AS SURPLUS.
ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 7:
Motion by 2nd by to waive further
reading of the ordinance/resolution and adopt, and to approve all items listed,
except
ROLL CALL: Manners, McFadden, Touhey, Wong, Herfert
END OF CONSENT CALENDAR
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City Council Agenda • •
June 4, 1996
D) PUBLIC WORKS SERVICES
E)
F)
G)
H)
1) City Project No. WCM-96-01 - Maintenance of City Parks, Natural Areas, and
Unimproved Areas - Award of Bid
Seven (7) bids were received and opened on Tuesday, May 28, 1996 in the City Clerk's
Office for the maintenance of City parks, natural areas, and unimproved areas. The
lowest apparent bid was $937,800 ($187,560 per year) from Mariposa Horticultural
Enterprises, Incorporated of Irwindale. It.is recommended that the City Council accept
the bid from Mariposa Horticultural Enterprises, Incorporated of Irwindale in the
amount of $937,800 ($187,560 per year) as submitted at the bid opening, and
authorize the Mayor and City Clerk to execute an agreement for the work to be done.
Motion by 2nd by to
approve disapprove hold over
2) Glendora Avenue Street Expansion between State Street and South Garvey Avenue -
To enhance parking and pedestrian usage along Glendora Avenue from State Street to
South Garvey Avenue, plans and specifications have been developed to convert the
existing two lanes in each direction to one lane and angled parking in each direction.
Some work will be done in the adjacent easterly parking lot to provide additional
sidewalk area in front of all the shops. The estimated project cost is $1.5 million. It is
recommended that the City Council take the following actions:
a) Establish Project No. SP-96117, and
b) Approve the plans and specifications for Project No. SP-96117 and authorize
the City Engineer to call for bids.
Motion by
approve
2nd by
disapprove
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
No items scheduled for this meeting.
hold over
to
ENVIRONMENTAL SERVICES
1) Use of Azusa Landfill
The Azusa Landfill is one disposal facility West Covina Disposal may use when BKK
Landfill closes. The Waste Management and Environmental Quality Commission
expressed environmental concerns about this possible action and recommends the City
Council keeps these environmental concerns in mind in future negotiations. It is
recommended that the City Council concur with the environmental concerns expressed
by the Waste Management and Environmental Quality Commission but not
communicate with West Covina Disposal at this time.
Motion by 2nd by to
approve disapprove hold over
COMMUNITY DEVELOPMENT SERVICES
1) RedevelopmentA2ency
Recess the City Council meeting at p.m. to convene the
Redevelopment Agency meeting. Reconvene the City Council meeting at
p.m.
HUMAN SERVICES
No items scheduled for this meeting.
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City Council Agenda •
June 4, 1996
I) PUBLIC SAFETY SERVICES
No items scheduled for this meeting.
J) ADMINISTRATIVE SERVICES
1) Personnel Services
Transmission of Memorandum of Understanding and Implementing Resolution
The City has completed the meet and confer process with the West Covina Police
Management Association and reached an agreement. This item transmits the resulting
Memorandum of Understanding (MOU) and an implementing resolution. The City
Council is requested to receive and file the MOU in acknowledgement of the written
memorialization of the agreement terms and adopt the implementing resolution as
follows:
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, FIXING COMPENSATION FOR EMPLOYEES
REPRESENTED BY THE WEST COVINA POLICE MANAGEMENT ASSOCIATION; AND
AMENDING RESOLUTION NO. 6482,'AS AMENDED, RELATING TO MANAGEMENT
SERVICES, AND RESOLUTION NO. 7223, AS AMENDED, RELATING TO
CLASSIFICATION AND COMPENSATION OF POSITIONS.
Motion by 2nd by
to waive further reading of the resolution and
adopt disapprove hold over
K) GENERAL ADMINISTRATION
1) CityManager
a) Commission Selection Process
The terms of thirteen of the City's thirty-one commissioners will expire on June
30, 1996. The City Council will discuss and determine the process by which
the applicants for the commission positions will be solicited, evaluated and
nominated for the coming year. It is recommended that the City Council
review the commission appointment procedure and give staff direction as
desired.
b)
Motion by 2nd by
On May 1, 1996 the General Membership approved Amendment Four and Five
to Joint Exercise of Powers Agreement. It is recommended that the City Council
approve both Amendment Four and Amendment Five to the Foothill Transit
Zone JPA and authorize the Mayor and City Clerk to execute:
AMENDMENT NUMBER FOUR TO THE JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITIES OF
ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA,
DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE,
LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE
CITY, WALNUT AND WEST COVINA TO CLARIFY BOARD MEMBER TERMS
AND TO EXPAND ZONE OPTIONS FOR DESIGNATION OF SECRETARY OF
THE BOARD, TREASURER, AND CONTROLLER OF THE ZONE.
and
AMENDMENT NUMBER FIVE TO THE JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITIES OF
ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA,
DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE,
LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE
CITY, WALNUT AND WEST COVINA TO INCLUDE THE CITY OF LA PUENTE
IN THE FOOTHILL TRANSIT ZONE.
Motion by
approve
disapprove
2nd by
hold over
to
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City Council Agenda 0 •
June 4, 1996
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.
M)
N)
Motion by
approve
2nd by
disapprove
hold over
ROLL CALL: Herfert, Manners, McFadden, Wong, Touhey
ORAL COMMUNICATIONS
MAYOR'S REPORT
to
1) Potential Cultural Facility and Veterans Memorial Wall in the Courtyard at West
A City park cultural facility has been envisioned for several years by the City Council
and staff. It was approved as a project during the 1991-92 budget process, with
funding in the amount of $100,000 from the Citywide Maintenance District. In
addition, during the 1992-93 Capital Improvement Program, the City Council
approved an additional $75,000 from the construction tax fund. At the May 21, 1996
City Council meeting, Mayor Touhey requested a review of a potential cultural facility
and Veterans Memorial Wall located at the Civic Center. If the City Council is
interested in this potential project, staff recommends that an architect be selected to
prepare preliminary plans and cost estimates for review.
Motion
to
2nd by
2) Resolution Commemorating Stater Bros 60th Anniversary
Motion by
approve
disapprove
2nd by
hold over
to
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' City Council Agenda • •
June 4, 1996
O) COUNCILMEMBERS' REPORTS
P) ADIOURNMENT
Motion by 2nd by
adjourn the meeting at
p.m.
CITY COUNCIL MEETING SCHEDULE
to
Monday June 10, 1996 5:30 p.m. Budget Study Session
Capital Improvement
Program
Tuesday June 18, 1996 7:30 p.m. Regular meeting
Thursday June 27, I996 6:30 m.
p• Joint meeting with
Personnel Commission
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