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06-03-1997 - RegularTuesday June 3, 1997 REGULAR MEETING OF 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 (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 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 Wong, Melendez, Herfert, Howard, Touhey APPROVAL OF MINUTES Special meeting of April 11, 1997 Regular meeting of May 6, 1997 Special meeting of May 13, 1997 Special meeting of May 17, 1997 Special meeting of May 19, 19971 oertipy that oopies of the Special meeting of May 20, 199xot nee +?.gende, for the meeting of ' to 3� were poMd in PRESENTATIONS aocordame with. the 1/87 Brown AcL Amendments. OfY1ce of the City Clerk 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) Zone Change No. 654 - Outdoor Uses Overlay Zone Code Amendment No. 276 - Outdoor Uses Overlay Zone Ordinance Code Amendment No. 276 is a City -initiated project to amend certain sections of the West Covina Municipal Code to establish an Outdoor Uses (O-U) Overlay Zone to allow outdoor uses, such as outdoor dining, outdoor retail display, and outdoor entertainment, on private property, public property, and public street rights -of -ways located within the zone. Zone Change No. 654 is a City -initiated project to apply the newly -created Outdoor Uses (O-U) Overlay Zone to an area generally encompassing The. Lakes at West Covina, Edwards Entertainment Center and the Glendora Avenue shops. a) Verification of publication b) Presentation of staff report c) Open hearing d) Public testimony e) Close hearing f) Council discussion g) It is recommended that the City Council introduce the following ordinances: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE TO PERMIT OUTDOOR DINING, OUTDOOR RETAIL DISPLAY, AND OUTDOOR ENTERTAINMENT IN A SPECIFIED AREA (CODE AMENDMENT NO. 276 - OUTDOOR USES OVERLAY ZONE). City Council Agenda • • June 3, 1997 A) HEARINGS (continued) 1) Zone Change No. 654 - Outdoor Uses Overlay Zone Code Amendment No. 276 - Outdoor Uses Overlay Zone Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE APPROVING ZONE CHANGE NO. 654 TO APPLY THE OUTDOOR USES (O-U) OVERLAY ZONE TO CERTAIN PROPERTIES. Motion by 2nd by to waive further reading of the ordinances and introduce disapprove hold over ROLL CALL: Herfert, Howard, Melendez, Touhey, Wong 2) Joint Public Hearing - Proposed Real Property Exchange Agreement, First Amendment to Owner Participation Agreement, and First Amendment to the Public Parking Facilities Operating Agreement Between the Redevelopment Agency and Westfield America, Inc. - Parcel D at Eastland Center The Redevelopment Agency and the City Council will consider the proposed Real Property Exchange Agreement, a First Amendment to the Owner Participation Agreement, and a First Amendment to the Public Parking Facilities Operating Agreement between the Redevelopment Agency and Westfield America, Inc. (the "Participant"), which provides for a land exchange for the development of a retail use for the Participant and an opportunity for future development of the Agency's exchanged parcel. a) Verification of publication b) Presentation of staff report c) Open hearing d) Public testimony e) Close hearing f) Council discussion g) 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 CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA OF THE REAL PROPERTY EXCHANGE AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND WESTFIELD AMERICA, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by 2nd by _ to waive further reading of the resolution and adopt disapprove hold over agnd06.03 City Council Agenda • • June 3, 1997 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 may be agendized for a future meeting or referred to staff. To assist us in properly recording your time or in contacting you, we ask you to enter your name and address on the speakers' sheet at the City Clerk's position. This action is voluntary and is not a prerequisite to attending the meeting or speaking to the Council. C) CONSENT CALENDAR 1) Written Communications None received 2) Commissions' Summary of Actions (receive and file) a) Human Services 05/13/97 b) Personnel 05/14/97 c) Planning 05/27/97 d) Senior Citizens' 05/08/97 e) Waste Mgmt./Env. Quality 05/15/97 3) Temporary Use Permits (receive and rile) TUP 92396-97 for ESGV Health Clinic, 420 S. Glendora Avenue, (Parking Lot) for a rummage sale on 5/17/97, TUP #2397-97 for West Covina Nissan, 1840 E. Garvey Avenue, for a radio promotional event on 5/l/7/97. agnd06.03 City Council Agenda • • June 3, 1997 C) CONSENT CALENDAR (continued) 4) Award of Bids a) Project No. PP-97201 - Cortez Park - Enlarge Storage Area and Snack Bar at the Football Field Two bids were received and opened on May 9, 1997, for this project which provides for the enlargement of the storage area and snack bar at Cortez Park. The lowest responsible bid is $32,475.00 from Whelan Construction of West Covina, California. It is recommended that the City Council transfer $5,000 from Project No. PP-97202 (Cortez Lighting Project) to PP- 97201 and accept the bid of Whelan Construction in the amount of $32,475.00, and authorize the Mayor and City Clerk to execute an agreement with same for the work to be done. b) Award of Bid for Purchase of a Portable Snack Bar This report outlines a sole source purchase request for a portable snack bar, being proposed by the South Hills Little League and the West Covina Youth Soccer League. Approval of this request would provide the sports leagues with the snack bar facility needed while providing the City with ownership and access to the food vehicle for special events and other uses. Staff has identified a number of other food trailers for consideration, however, given the cost associated, staff concurs that the recommended purchase is most appropriate. It is recommended that the City Council authorize staff to award the bid to Owen's Trailers of Baldwin Park in the amount of $25,000 and permit $10,000 in additional equipment upgrades. 5) Miscellaneous - Public Works a) West Covina Citvwide Sewer Service Charge The Citywide Sewer Service Charge is proposed to be maintained at $21.95 per unit for Fiscal Year 1997-98 (same rate as that for 1996-97). A public hearing, proposed for July 1, 1997, is required to be held by the City Council on the method of collection for the Sewer Service Charge for Fiscal Year 1997=98. 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, DECLARING ITS INTENTION TO COLLECT THE CITYWIDE SEWER SERVICE CHARGES THROUGH THE COUNTY GENERAL TAX BILL AND SETTING A DATE FOR A PUBLIC HEARING THEREON. (Public Hearing: July 1,1997) Miscellaneous - Fire Department b) State Joint Apprentice Funding of Equipment (receive and file) The Fire Department participates in the California Joint Apprenticeship Program which credits department training programs for adult education. The program makes funds available that may be used to purchase equipment. Fire Department policy is to use this outside source to enhance department training activities. The Fire Department has identified additional video equipment which will improve the effectiveness of our training program. The equipment will be given to the Fire Department through the Apprenticeship Program and has a value of approximately $5,395.02. This report is informational and the Council need take no action. It is recommended that the West Covina City Council receive and file this report. agnd06.03 4 City Council Agenda • • June 3, 1997 C) CONSENT CALENDAR (continued) Miscellaneous - Redevelopment Agency c) Auto Plaza Business Improvement District Transmitted for City Council consideration is a Resolution of Intention for the Auto Plaza Business Improvement District. The resolution sets a public meeting for June 17, 1997, at which time the Council will consider the budget and proposed assessment for the Business Improvement District. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 1997-98, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 17, 1997 Miscellaneous - Communications Department d) Information on 3-1-1 and Wireless 9-1-1 Issues This is an informational report regarding the May 2, 1997 SGV Tribune editorial on 3-1-1 and wireless 9-1-1 issues. It is recommended that the City Council receive and file this report. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 7: Motion by 2nd by further reading of the resolution(s) and adopt, and to approve all items listed, except ROLL CALL: Herfert, Howard, Melendez, Touhey, Wong to waive agnd06.03 City Council Agenda • • June 3, 1997 D) PUBLIC WORKS SERVICES E) F) 1) Request For A 3-Way Stop at Tem le Avenue and Wood ate Drive On May 20, 1997, the Traffic Committee reviewed the request of Roberta Azpeitia and Linda Mooney for a 3-Way Stop at Temple Avenue and Woodgate Drive. The request was prompted by concerns about the volume and speed of traffic on Temple Avenue, and the safety of children crossing Temple Avenue. Although the 3-Way Stop does not meet any traffic warrants, the Traffic Committee has made 11 recommendations to address the concerns. In lieu of a 3-Way Stop, it is recommended that the City Council approve the following Traffic Committee recommendations: a) REDUCE THE TIME PROVIDED FOR MAKING LEFT TURNS FROM WESTBOUND AMAR ROAD TO SOUTHBOUND TEMPLE AVENUE. b) INCREASE THE TIME PROVIDED FOR MAKING LEFT TURNS FROM WESTBOUND AMAR ROAD TO SOUTHBOUND AZUSA AVENUE c) INSTALL "NO RIGHT TURN ON RED" SIGNING FOR NORTHBOUND TEMPLE AVENUE AT AMAR ROAD. d) REQUEST LOS ANGELES COUNTY TO INSTALL "NO RIGHT TURN ON RED" SIGNING FOR NORTHBOUND AZUSA AVENUE AND TEMPLE AVENUE. e) INCREASE POLICE ENFORCEMENT OF THE SPEED LIMIT ON TEMPLE AVENUE INCLUDING THE USE OF THE CITY'S RADAR SPEED TRAILER. f) INSTALL ADDITIONAL SPEED LIMIT SIGNS ON TEMPLE AVENUE. g) INSTALL "WATCH FOR CHILDREN" SIGNS ON TEMPLE AVENUE. h) REQUEST LOS ANGELES COUNTY TO INSTALL AN INTERSECTION WARNING SIGN ON NORTHBOUND TEMPLE AVENUE IN ADVANCE OF WOODGATE DRIVE. i) INSTALL PAINTED INTERSECTION DELINEATION AND "DO NOT BLOCK INTERSECTION" SIGNS FOR NORTHBOUND TEMPLE AVENUE AT WOODBRIDGE CIRCLE AND FAIRRIDGE CIRCLE. j) ADJUST TIMING FOR TRAFFIC SIGNAL ON AMAR ROAD AT SHOPPING CENTER DRIVEWAYS TO PROVIDE ADDITIONAL GREEN TIME FOR WESTBOUND AMAR ROAD TRAFFIC. k) RE-EVALUATE CONDITIONS ON TEMPLE AVENUE SIX MONTHS AFTER IMPLEMENTATION OF THESE RECOMMENDED ACTIONS TO CHECK TRAFFIC VOLUMES AND SPEED. Motion by approve disapprove 2nd by hold over to WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports ENVIRONMENTAL SERVICES No reports agnd06.03 City Council Agenda • • June 3, 1997 G) COMMUNITY DEVELOPMENT SERVICES 1) Planning Department a) Adult Newsrack Ordinance On February 4, 1997, the City Council directed staff to study the possibility of adopting an ordinance (based on a new Ninth Circuit Court of Appeals case) that would restrict access by minors to adult -oriented newspapers in public newsracks by restricting access to a token or access card. The matter was referred to staff for study and is now being brought back for further direction. It is recommended that the City Council note that Police Department staff will begin enforcement of the provisions of Section 313.1 of the Penal Code. Motion by 2nd by to approve disapprove hold over b) Film Permits Staff has recently processed two major film permits and two smaller film permits since January 1997 and in doing so, has determined that the City's film permit regulations need to be revised to reflect the complex changes within the film industry. Staff has prepared an issue paper to explain the issues that have arisen during recent filming permits and the need for a revised ordinance. Staff recommends that the City Council refer the matter to staff and the Planning Commission to develop a comprehensive Motion Picture and Television Production ordinance for recommendation to the City Council. Motion by 2nd by to approve disapprove hold over c) Auto Dealer Promotional Events - West Covina Nissan The City Council raised concerns regarding the impact of auto dealer promotional events at West Covina Nissan during the Council's May 6 meeting. Staff has met with West Covina Nissan to discuss actions to mitigate impacts on adjoining dealerships within the Auto Plaza and nearby residential neighborhoods. West Covina Nissan has also submitted a letter outlining actions to minimize the impact of further events. Staff recommends that the City Council review the report and letter and direct staff relative to further action on the processing of future auto dealer promotional events. Motion by to 2nd by agnd06.03 7 City Council Agenda • • June 3, 1997 G) COMMUNITY DEVELOPMENT SERVICES 2) Redevelopment Agency Recess the City Council meeting at a.m./p.m. to convene the Redevelopment Agency meeting. Reconvene the City Council meeting at a.m./p.m. Request for Appropriation of 550,000 in Surplus 1996/97 Business Improvement Tax (BIT) Funds Request for the appropriation of $50,000 from surplus Business Improvement Taxes (BIT) funds balance (FY 1996/97) to expand the West Covina Redevelopment Agency's "CARE" (Commercial, Attraction, Retention and Expansion) micro loan program to allow for the funding of small business loans outside of the Redevelopment Project Area. It is recommended that the City Council approve the appropriation of $50,000 from the 1996/97 surplus BIT funds to Account No. 118- 320-2430-6457 to expand the Agency's "CARE" micro -loan program to allow businesses outside of the Project Area eligible for financial assistance. Motion by approve disapprove H) HUMAN SERVICES No reports 2nd by I) PUBLIC SAFETY SERVICES No reports .1) ADMINISTRATIVE SERVICES No reports K) GENERAL ADMINISTRATION No reports hold over 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 approve disapprove 2nd by hold over ROLL CALL: Herfert, Howard, Melendez, Touhey, Wong to agnd06.03 City Council Agenda • • June 3, 1997 M) ORAL COMMUNICATIONS N) MAYOR'S REPORTS 1) _Appointment of City Commissioners The terms of twelve members of the five City Commissions will expire on June 30, 1997. Additionally, one seat on the Planning Commission is vacant as a result of the election of Commissioner Melendez to the City Council. The City Council may desire to confirm interview subcommittees at this time. In addition, if the City Council desires to make an appointment to the Planning Commission, 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 APPOINTING TO THE PLANNING COMMISSION TO FILL AN UNEXPIRED TERM OF OFFICE. Motion by 2nd by _ to waive further reading of the resolution and adopt disapprove hold over 2) Appointment to Hurst Ranch Historical Foundation The Hurst Ranch Historical Foundation is required under their Articles of Incorporation to have two Councilmembers appointed to the Board of Directors. The Foundation, therefore, requests that the City Council make those appointments. It is recommended that the City Council designate two Councilmembers to sit on the Board of Directors of the Hurst Ranch Historical Foundation. Motion by 2nd by 101 agnd06.03 City Council Agenda • • June 3, 1997 O) COUNCILMEMBERS' REPORTS P) ADJOURNMENT Motion by 2nd by adjourn the meeting at p.m. CITY COUNCIL MEETING SCHEDULE to Tuesday June 10, 1997 6:00 p.m. Budget meeting Tuesday June 17, 1997 7:30 p.m. Regular meeting Tuesday July 1, 1997 7:30 p.m. Regular meeting Tuesday July 15, 1997 7:30 p.m. Regular meeting agnd06.03 10