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10-04-1994 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE WEST COVINA CITY COUNCIL October 4, 1994 The regular meeting of the West Covina City Council was called to order by Mayor McFadden at 7:46 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Pastor Tommie Rose Farris, Faith Community Church, and the Pledge of Allegiance was led by Mayor McFadden. ROLL CALL Mayor McFadden, Councilmembers Manners, Touhey and Wong Absent Mayor Pro Tem Herfert (vacation) Others Present Starbird, Wylie, Buchanan, Thomas, Hanna, Collier, Orr, Bonaparte, Pullin, Meier, Greene, Dunlap, Patton, Distelrath, Sidentopp, Glover, Samaniego, Gardner, Yoshizaki APPROVAL OF MINUTES Motion by Manners, seconded by Touhey, to approve the minutes of the regular meeting of September 20, 1994 with noted corrections. Motion carried 4-0-1 (Herfert). PROCLAMATIONS Mayor McFadden proclaimed the week of September 24-30, 1994 as CODE ENFORCEMENT WEEK and presented the proclamation to Richard Bonaparte and Chris Pullin of the West Covina Code Enforcement Department. Mayor McFadden proclaimed the month of October, 1994 as ESCROW MONTH. Mayor McFadden proclaimed October 7 & 8, 1994 as WHITE CANE DAYS and presented the proclamation to Frank Davidson and Fred Woodford of the West Covina Lions Club. Mayor McFadden proclaimed the week of October 9- 15, 1994 as FIRE PREVENTION WEEK and presented the proclamation to Fire Chief Richard Greene and members of Battalion #71, Rescue Unit #71 and Engine #71. HEARING GENERAL PLAN AMENDMENT NO. 22 - FAITH COMMUNITY General Plan Amendment Deputy City Clerk Buchanan verified the affidavit No. 22 of publication. Planning Director Collier presented the staff report. Mayor McFadden asked for any questions for staff Councilmember Manners from Councilmembers. Councilmember Manners inquired about the seismic safety of the existing building and any asbestos factors. Mr. Collier responded that this would be a matter for the Building and Engineering Department. Councilmember Wong Councilmember Wong raised the question of a "residential grade" kitchen in the day care facility as opposed to a "commercial grade" kitchen. Mr. Collier responded that this would have to be researched as the project entered into its implementation phase. Councilmember Wong also asked if the proposed mortuary would be subject to a Conditional Use Permit and would there be a crematorium. Mr. Collier responded that the mortuary would not be CITY COUNCIL MINUTES October 4, 1994 subject to a CUP and that a crematorium was not in the plans. Public Testimony Mayor McFadden then asked for any public • comments in favor of the project. Pastor Jim Reeve Dr. Jim Reeve, Founder and Senior Pastor, Faith Community Church, expressed his thanks to City staff for their assistance in developing the plans for the project, and encouraged the Council to act favorably in their decision. Iris Delameter Iris Delameter, expressed her interests in traffic congestion and parking at the proposed church site. She was concerned with the safety of the families when they illegally cross the street. She requested that on -street parking at Badillo and San Bernardino Road be eliminated, and asked the church to voluntarily restrict parking in these areas. She also asked that all left -turn signals be eliminated. Mayor McFadden asked for any rebuttals to the statements/requests of Mrs. Delameter. Mel Malkoff Mel Malkoff, Malkoff and Associates, noted that his firm has spent many hours doing traffic surveys and that they share Ms. Delameter's concerns. He stated that his firm have plans for on -site parking only. Public testimony There being no other comments, Mayor McFadden closed then closed the public testimony portion of the hearing. Council discussion Mayor McFadden opened the floor to Council discussion. Councilmember Manners Councilmember Manners referenced a letter from the City of Covina regarding a cutter driveway intersection. She asked if this driveway had been considered and what would be the affect if Council continued this matter until after some discussion of this issue by the Covina City Council. Planning Director Planning Collier responded that the driveway is in the City of Covina and West Covina has no jurisdiction over that. The issue, however, is whether the driveway stays in its current location or is realigned. The placement of the driveway will depend on the outcome of the hearing in Covina. City Manager City Manager Starbird asked if Covina controls the placement of the entrances. Mr. Collier responded that before the entrances can be completed on this plan, Covina has to "bless" the location. Councilmember Wong Councilmember Wong asked if this entrance was the current entrance for the site. Mr. Collier responded that it is the current entrance and has been since 1962. Mr. Wong then asked what authority does Covina have to force them to move the entrance. Mr. Collier referred this question over to Mr. Malkoff. minio-a 2 CITY COUNCIL MINUTES October 4, 1994 Mel Malkoff Mr. Malkoff noted his firm's traffic surveys of the left turn entrance. He stated that the church has a condition of approval that says if the City requires them to realign then they have • to go with what the City dictates. Mayor McFadden asked for any other Council comments. There being none, Mayor McFadden asked Deputy City Clerk Buchanan if she had received any written protests. Written protests Deputy City Clerk Buchanan read a letter from Mr. & Mrs. Gerhardt Wahnish which stated that they felt the project would be a detriment to the area and also to property values, and that a project like this would be much better in a less populated area. Deputy City Clerk Buchanan presented: Resolution 9142 - RESOLUTION NO. 9142 - A RESOLUTION OF THE Certifying the CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- Negative Declaration FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF of EIR ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. II-94-22, ZONE CHANGE NO. 643, AND PRECISE PLAN NO. 848, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. Motion by Wong, seconded by Touhey, to waive further reading of the resolution and adopt. Motion carried 4-0-1 (Herfert). Deputy City Clerk Buchanan presented: Resolution 9143 - RESOLUTION NO. 9143 - A RESOLUTION OF THE Adopting GPA II-94-22 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. II- 94-22 (FAITH COMMUNITY CHURCH). Motion by Manners, seconded by Touhey, to waive further reading of the resolution and adopt. Motion carried 4-0-1 (Herfert). Deputy City Clerk Buchanan presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Zone Change No. 643 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 Wong, seconded by Touhey, to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Manners, Touhey, Wong, McFadden NOES: None ABSENT: Herfert Recess Mayor McFadden'recessed the Council meeting at 8:42 pm. The Council meeting reconvened at 8:51 with four members present. HEARING CODE AMENDMENT NO. 256 - CATEGORICAL EXEMPTION Code Amendment No. 256 Deputy City Clerk Buchanan verified the affidavit of publication. Planning Director Collier presented the staff report. Public Testimony Mayor McFadden asked for any public comments in favor of Code Amendment No. 256. No comments were offered. m;.aaa 3 0 is CITY COUNCIL MINUTES October 4, 1994 Public testimony Mayor McFadden then asked for any public comments closed in opposition. There being none, the Mayor then closed the public testimony portion of the hearing. Council discussion Mayor McFadden opened the floor for Council discussion. Councilmember Manners Mayor McFadden Councilmember Manners asked if there was any input from the Waste Management and Environmental Quality Commission. Planning Collier responded. Mayor McFadden commented that he thought this code amendment was good and that Council should move forward on this matter. Deputy City Clerk Buchanan presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Code Amendment No. 256 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). Council action Motion by Manners, seconded by Touhey, to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Manners, Touhey, Wong, McFadden NOES:None ABSENT: Herfert AGENDA AND ORAL COMMUNICATIONS Jean Arneson Jean Arneson, 1116 Donna Beth, noted her support of Items K-la and K-lb, and stated that she feels a 10% fee is quite low. She noted that Riverside County and City of Glendale charge more. Royall Brown Royall Brown, 2153 Aroma Drive, commended staff on their recommendation regarding Item 0-1 (opposing Proposition 188), K-la (Legislative Advocate Services), and K-lb (Power Generation Tax for Sanitary Landfills). He urged approval on all three items. Iris Delameter Iris Delameter, 1212 W. Eckerman, Item I-1 (Community Education Center), expressed her support of the project. CONSENT CALENDAR min7P4 written Communications None received. Commissions' Summary of Actions (receive and file) Human Services ..................09/13/94 Planning .....................09/27/94 Senior Citizens' .. 09/08/94 Waste Mgmt/Env. Quality .........09/22/94 4 CITY COUNCIL MINUTES October 4, 1994 Temporary Use Permits (receive and file) c TUP #2196-94 to West Covina Nissan, 1840 E. Garvey, for radio promo event, on August 27, 1994. TUP #2200-94 to Philip Guhl, 512 S. Valinda, for pumpkin & Christmas lot on October 15-31, 1994 and December 13-24, 1994. TUP #2201-94 to Nelson McKay, The Plaza, for Helicopter A/C installation, on September 20, 1994. TUP #2203-94 to Dickenson/Applebee's Cameron, 300 S. California, for construction through October 24, 1994. TUP 02206-94 to West Covina Nissan, 1840 E. Garvey, for radio promo, on September 24, 1994. Traffic Committee Minutes (accept and file) Traffic Committee Minutes for September 20, 1994. Miscellaneous - Engineering Department Ordinance Introduction: Fairgrove Ave. Speed Zone Recommendation is that the City Council introduce the following ordinance: Ordinance re: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Fairgrove Ave. Speed OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22- Zone 132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS. Miscellaneous - Communications Department Amendment to Section 4.5-7 of the Municipal Code Recommendation is that the City Council introduce the following ordinance: Ordinance re: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY False Alarm Prevention OF WEST COVINA, CALIFORNIA, AMENDING SECTION 4.5-7 OF THE WEST COVINA MUNICIPAL CODE RELATING TO FALSE ALARM PREVENTION. CONSENT CALENDAR ACTION Motion by Wong, seconded by Manners, to waive further reading of the ordinances and to introduce, and to approve all other items listed. Motion carried by roll call vote: AYES: Manners, Touhey, Wong, McFadden NOES: None ABSENT: Herfert PUBLIC WORKS SERVICES No scheduled items. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No scheduled items. ENVIRONMENTAL SERVICES Final EIR for the Walnut Village Development Walnut Village Council reviewed the staff report. Development Motion by Manners, seconded by Wong, to approve the recommendations as outlined in the staff report. Motion carried 4-0-1 (Herfert). ndntaa 5 CITY COUNCIL MINUTES October 4, 1994 COMMUNITY DEVELOPMENT Redevelopment Agency Recess Mayor McFadden recessed the City Council meeting at 9:11 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 9:18 • Pm. Outdoor In -Line Hockey Facility at Orangewood Park Council reviewed the staff report. In -Line Hockey Mayor McFadden asked for Council discussion. Facility Councilmember Touhey asked the Mayor to afford Mr. Bryan Garland (California Street Hockey Association) an opportunity to address Council. Bryan Garland Mr. Bryan Garland, California Street Hockey Association, addressed Council stating that .the meetings with staff have been productive and that he was available to answer any questions that Council may have. Council discussion Councilmember Wong requested to see copies of agreements that California Street Hockey Assoc. has with other cities. He also noted his concern that the City is being asked to take the lion's share of this venture. Manners Councilmember Manners requested the opportunity to meet individually or collectively for a better explanation of what the project entails. Touhey Councilmember Touhey stated that he would like to go forward with the project and get it finished. He noted that several meetings have taken place regarding the matter and that it is time to finish up. Wylie Assistant City Manager Wylie responded to Mr. Touhey's suggestion stating that the meetings have been quite productive, but at this stage staff could not produce a detailed agreement by the next meeting. He noted that although much progress had been made, several factors must first be discussed before an agreement could be negotiated. Mr. Wylie added that further meetings are pending and that Council will be provided with updates as these meetings progress. COUNCIL ACTION Motion by Manners, seconded by Touhey, to receive and file the report. Motion carried 4-0-1 (Herfert). HUMAN SERVICES Consolidated Plan - Request for Proposals Council reviewed the staff report. Consolidated Plan Motion by Manners, seconded by Wong, tc authorize staff to solicit proposals for the preparation. of the .City's Consolidated Plan. ,Motion carried 4-0-1 (Herfert). PUBLIC SAFETY SERVICES Community Education Center Council reviewed the staff report. Community Education Motion by Manners, seconded by Touhey, to Center approve the recommendations as outlined in the staff report. Motion carried 4-0-1 (Herfert). ADMINISTRATIVE SERVICES No scheduled items. n9n144 It CITY COUNCIL MINUTES October 4, 1994 GENERAL ADMINISTRATION Legislative Advocate Services Public testimony City Manager 1) Retention of Legislative Advocate Services City Manager Starbird presented a brief synopsis of services to be provided by John O'Malley and Associates. Motion by Wong, seconded by Manners, to approve the retention of John O'Malley and Associates; authorize the City Manager to execute the services contract; and appropriate $33,000 from the BKK litigation reserve for the legislative advocacy program. Motion carried 4-0-1 (Herfert). 2) Public Meeting on Proposed Power Generation Tax and Increase in Tax Rate for Sanitary Landfill Sites and Facilities Council reviewed the staff report. Mayor McFadden called for any public testimony either in favor of or in opposition to the proposed tax. There being no one wishing to address Council, the Mayor then asked for Council discussion. Council discussion Council had no questions or comments. COUNCIL ACTION Motion by Manners, seconded by McFadden, to receive and file the report, and once again receive public testimony at the Public Hearing scheduled for October 18, 1994. Motion carried 4-0-1 (Herfert). APPROVAL OF DEMANDS Motion by Touhey, seconded by Wong, to approve demands totaling $1,694,713.38 as listed on demand registers 150514 through 150798. Motion carried by roll call vote: AYES: Manners, Touhey, Wong, McFadden. NOES: None ABSENT: Herfert ABSTAIN: Touhey (re: Future America and E.S.G.V.R.O.P.) MAYOR'S REPORTS Nomination for the Board of the San Gabriel Basin Water Ouality Authority Council reviewed the staff report. Deputy City Clerk Buchanan presented: Resolution 9144 - RESOLUTION NO. 9144 - A RESOLUTION OF San Gabriel Basin Water THE CITY COUNCIL OF THE CITY OF WEST COVINA, Quality Authority CALIFORNIA, NOMINATING COUNCILMEMBER MCFADDEN TO REPRESENT CITIES WITHOUT PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY. Motion by Manners, seconded by Touhey, to waive further reading of the resolution and adopt. Motion carried 4-0-1 (Herfert). COUNCILMEMBERS' REPORTS Proposed Resolution Opposing Proposition 188 Council reviewed the staff report. Proposition 188 Councilmember Manners expounded on the Manners proposition and urged the Council's defeat of the Proposition. MW0d • CITY COUNCIL MINUTES October 4, 1994 Councilmember Touhey noted that he Touhey would abstain from discussion and action due to his business relationship with the tobacco industry. Councilmember Wong raised concern Wong regarding the accuracy of a statement within the resolution and suggested it be removed. Deputy City Clerk Buchanan presented: Resolution 9145 - RESOLUTION NO. 9145 - A RESOLUTION Proposition 188 OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 188, THE PHILIP MORRIS INITIATIVE, ON THE NOVEMBER 1994 BALLOT. COUNCIL ACTION Motion by Manners, seconded by McFadden, to waive further reading of the resolution and adopt (with the exclusion of the clause discussed by Councilmember Wong). Motion carried 3-0-1(Herfert/absent)- 1(Touhey/abstain). Mayor McFadden noted that there were other matters not mentioned in MAYOR'S REPORTS. MAYOR'S REPORTS The Mayor announced his office hours (Revisited) at the Senior Center at Cortez Park as the 1st Wednesday of each month from 9am-llam. He mentioned that on October 5, he was due in court and asked if any Councilmember would attend in his stead. Councilmember Manners accepted. In addition, the Mayor noted that his office hours at The Plaza are the 3rd Wednesday of each month from 6pm-8pm. Mayor McFadden also announced that the WCCT-TV "Mayor's Report" will air live on the 3rd Thursday of each month. His next guest will be Judge Bruce Mento of Citrus Municipal Court. He noted that "Call -In" services are now available, and urged the citizens to call in with their questions and comments. The Mayor requested staff to check into the sign-up dates for softball at Maverick Field for those over the age of 30. Mayor McFadden announced the Grand Opening of his new office located at 100 N. Barranca Avenue, 7th floor, West Covina. The Grand Opening Party is scheduled for October 14, 1994 from 5pm-8pm. The public is invited. ADJOURNMENT ATTEST: City, -Clerk min/0-4 Motion by Manners, seconded by Touhey, to adjourn the meeting at 10:06 pm. Motion carried 4-0-1 (Herfert). 0