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02-25-1991 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL February 25, 1991 The regular meeting of the West Covina City Council was called to order at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California, by Mayor Tarozzi. The Pledge of Allegiance was led by Councilmember Manners and the invocation was given by Pastor Stuart York, Rosemead Christian Church. ROLL CALL Mayor Tarozzi, Mayor Pro Tem McFadden, Councilmembers Herfert, Jennings, Manners Others Present: Thomas, Hanna, Keating, Holmes, Wylie, Miller, Haley, Wolff, McKenna, Brown, Holler, Yoshizaki, Koniarsky, Salazar, Panas, Manheim, Fertal, Mariscal, Blodgett, Cleary, • McClelland, Berry APPROVAL OF MINUTES. Motion by Manners, seconded by Jennings, and unanimously carried to approve the minutes of the special meeting of February 11, 1991 and the minutes of the regular meeting of February 11, 1991. • PRESENTATIONS Mayor Tarozzi presented MENTAL RETARDATION MONTH (March, 1991) to Ed Johnson, Director of Development/Public Infor- mation for the Association of Retarded Citizens. Mayor Tarozzi presented ARBOR DAY (March 10, 1991) to Rita Heieck and Tina Daniels of West Covina Beautiful. Mayor Tarozzi presented Resolutions of Commendations to retired Fire Captains Norman Wademan and Richard Varder, both having served 29 years in the Fire Department. Recess Mayor Tarozzi called a recess at 7:50 pm for the purpose of conducting a closed session by request of the City Attorney, per Government Code Section 549546.9a to dis- cuss litigation entitled West Covina vs BKK Corporation. Council reconvened at 8:10 pm. HEARING COMMUNITY FACILITIES DISTRICT Mayor Tarozzi stated that thespurpose•,of this hearing is Community Facilities to consider: District No. 91-1 (Mello -Roos) 1) The establishment of Community.•Facilities District No. 91-1 of the City of West Covina.(South Hills) pursuant to the provisions of the Mello Roos Community Facilities Act of 1982 as describediin Resoluiton No. 8619 and the authorization of $37;500,000 maximum amount of bonds for said District as described in Resoluiton No. 8618. The issues to be considered are: 2) The extent of the District. 3) The construction or acquisition of the public facilitie; and otherpurposes described in the Resolution of Intention. 4) The levy of a special tax to pay for the public facilities. 5) Issuance of up to $37,500,000 in bonds secured by a special tax to pay for all or a portion of the public facilities and other purposes. 6) Any other matter set forth in the Resolution of In- tention. 7) The proposed Negative Declaration of Environmental Impact. CITY COUNCIL MINUTES 2/25/91 Page 2 • City Clerk Berry verified that proper legal notice was given and the following documents were on file: a) Affidavit of hearing publication, b) Affidavit of hearing notice mailed, c) Affidavit of publication and mailing for the Negative Declaration, and d) that the Community Facilities District report was also on file. Mayor Tarozzi opened the hearing and the staff reports: was presented by Interim City Manager Thomas, who then introduced the following speakers: Mr. Keenan Rice of David Taussig and Associates (Special Tax Consultants). Mr. Joe Evans of Empire Economics (Market Absorp- tion Study). • Mr. Carol Boznanski (Review Appraiser) who also read a "statement submitted by Mr. Gerald Day,`the Primary Appraiser. Mr. Bill Fieldman of Fieldman, Rolapp & Associates (Financial Advisor). Mr. John Murphy of Straddling, Yocca, Carlson & Rauth (Bond Counsel). Mr. Bill Reynolds of Donaldson, Lufkin & Jenrette (Bond Underwriter). Mayor Tarozzi opene&'thecpublic testimony portion of the hearing and asked for comments favoring the district. Mr. Ziad Alhassen, the applicant spoke in favor. Mayor Tarozzi asked for comments in opposition and no one addressed Council. He then closed the public testimony portion of the hearing. City Clerk Berry reported that two written communications had been received: 1) A letter dated February 22, 1991 was received • from South Hills Homes Partnership signed by applicant Ziad Alhassen, president. 2) A letter dated February 25, 1991 was received from Dee Winter, a real estate consultant. . Both letters in favor of the subject matter. Mayor Tarozzi asked for the reading of the resolution headings. City Clerk presented: Resolution 8644 - RESOLUTION NO. 8644 - A RESOLUTION OF THE CITY establishing CFD 91-1 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 91-1 (SOUTH HILLS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 91-1 (SOUTH HILLS) AND CALLING AN ELECTION Motion by McFadden, seconded by Herfert to waive • further reading of.the resolution and to adopt. Motion carried with Jennings voting no. City Attorney Hanna stated the resolutions would need to be revised to indicate the actual date of February 26, 1991, due to the time this action was taken. Resolution 8645 - RESOLUTION NO. 8645 - A RESOLUTION OF THE CITY bonded indebtedness COUNCIL OF THE CITY OF WEST COVINA DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN A MAXIMUM AGGREGATE PURINCIPAL AMOUNT NOT TO EXCEED $37,500,000 - 2 - CITY COUNCIL MINUTES 2/25/91 Page 3 • WITHIN COMMUNITY FACILITIES DISTRICT NO. 91-1 OF THE CITY OF WEST COVINA (SOUTH HILLS) AND CALLING AN ELECTION Motion by Herfert, seconded by McFadden to waive further reading of the resolution and to adopt. Motion carried with Jennings voting no. Recess Mayor Tarozzi called a recess at 1:12 am for a five minute:; recess to conduct the election. Council recon- vened at 1:20 pm. City Clerk Berry stated that the affidavit of the Registrar of Voters shows that there were no registered voters in the proposed District for each of the 90 days preceding , February 25, 1991 public hearing date, the landowner's waiver of the formal election, and the landowner's voted ballot. She then presented the election results. • City Clerk presented: Resolution 8646 - RESOLUTION NO. 8646 - A RESOLUTION OF THE CITY declaring results, COUNCIL OF THE CITY OF WEST COVINA DECLARING THE RESULTS setting special tax, OF A SPECIAL ELECTION ESTABLISHING A SPECIAL TAX, issuance of bonds AUTHORIZING THE ISSUANCE OF BONDS AND ESTABLISHING AN authorized APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT NO. 91-1 OF THE CITY OF WEST COVINA (SOUTH HILLS) AND AUTHORIZING THE VALIDATION OF ALL PROCEEDINGS RELATED TO THE FORMATION OF SAID DISTRICT AND SAID.SPECIAL ELECTION Motion by Manners, seconded by Jennings, and unanimously carried to waive reading of the resolution and to adopt. City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF authorizing levy of WEST COVINA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN special tax COMMUNITY FACILITIES DISTRICT NO. 91-1 OF THE CITY OF WEST COVINA (SOUTH HILLS) Motion by Manners, seconded by McFadden,tunanimously • carried to waive reading of the ordinance and to introduce. Due to the late hour, Mayor Tarozzi stated that the Agenda items taken for the remainder of the meeting would be those that required action this evening, the rest would be carried over until a future time. APPROVAL OF DEMANDS Motion by McFadden, seconded by Manners to approve Demands totaling $2,472,216.94 as listed on check registers FI 122355 through 122678. Motion carried by roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None ABSTAIN: Herfert (re SCE bill) CONSENT CALENDAR Written Communications (refer to staff) Letter received from the Historical Society of West Covina requesting a "preservation ordinance" for historically significant structures. - 3 - CITY COUNCIL MINUTES 2/25/91 Page 4 ' Commission Summary of Actions (receive and file) Planning Commission 2/20/91 Personnel Commission 2/13/91 Senior Citizens Commission 2/14/91 ABC Applications (no protest)' Rosa Alba Romero dba OSUNA'S RESTAURANT Ontario 1041 E. Amar Rd #W Robin Ficery & dba ANTHONY'S ITALIAN RESTAURANT Anthony Gallo 965 S. Glendora Avenue Alta Loma Temporary Use Permits (receive and file) • TUP #1999-91 issued to Reynolds Buick, 345 N. Citrus, for balloons from 2/9 to 2/10. TUP #2000-91 issued to West Covina Historical Society for an art auction on 3/3/91 at the Senior Citizens, Center, 2501 Cortez. TUP #2001-91 issued to Queen of the Valley Hospital, 1115 S. Sunset, for a seminar on 2/23/91. Claims Against the City (deny and notify claimant) a) Linda MacKenzie vs City of West Covina On January 30, 1991 a leave to present a late claim for personal injuries amounting to $1,000,000 was received by the City Clerk's Office. b) Gene Reyes; Michelle Reyes; Three Minor Children of the Reyes', Joey, Robert, and Amanda; Tracey Caudillo; Paul Caudillo; Richard Baxter, Jr.; Stella Baxter; Richard Baxter, Sr.-& Catherine Baxter vs City • of West Covina On December 26, 1990 a claim for personal injuries amounting to $10,000,000 was received by the City Clerk's Office. Acceptance of Improvements and/or Release of Bonds PP 812 - Accept Public Works Improvements - George & Jolie Hong: Location - Christopher Street. Staff recommends accepting public works improvements and releasing Letter of Credit No. SL 89031 in the amount of $41,000 from American National Bank. Traffic Committee Minutes -(accept and file) Meeting of February 12, 1991. ftMiscellaneous Public Works: Water Rate Analysis - Informational (receive and file) Location: North of Loa Puente Road, east of Lemon, west of Fairgrove. Due to the Emergency Water Conservation Plan, the MWD anticipated rate increase effective 7/1/91 and an increase in power costs, staff is in the process of reevaluating the present water rates and will recommend appropriate adjustment at the 3/11/91 Council meeting. - 4 - • CITY COUNCIL MINUTES 2/25/91 Page 5 Administrative Review Board Driveway Modification No. 65: Applicant: Dayton Maddox, 3500 E. Holt Avenue Request: Circular Driveway ARB Decision: Approved CONSENT CALENDAR MOTION Motion by Jennings, seconded by Herfert to waive reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None • AGENDA AND ORAL COMMUNICATIONS No comments offered. ADJOURNMENT Motion by McFadden, seconded by Herfert, and unanimously carried to adjourn the meeting at 1:27 am on Tuesday, February 26, 1991, to 6:00 pm on Monday, March 4 for a closed session and thecadjourned regular meeting at 7:30 pm tonfinish this evening's Agenda. • ATTEST: 'l7c X/ City Clerk Janet Be Mayor Bill Tarozzi - 5 -