12-05-1995 - Regular Meeting - MinutesREGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 5, 1995
• The regular meeting of the West Covina City Council was called to order
by Mayor Herfert at 7:35 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by City Manager
Starbird and the Pledge of Allegiance was led by Mayor Herfert.
ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Council -
members Manners, McFadden, Wong
Others Present: Starbird, Wylie, Gardner, Miller, Glover,
Munoz, Samaniego, Schimanski, Collier, Patton,
Greene, McIsaac, Yoshizaki, Salazar, Cleary,
Clark, Fong, Palkhiwala, Distelrath, Berry
APPROVAL OF MINUTES Motion by Manners and seconded by Wong to
approve the minutes of the special meeting of
November 21, 1995, and the regular meeting of
November 21, 1995. Motion carried 5-0.
Mayor Herfert called the Redevelopment Agency
meeting to order at 7:50 pm to conduct the
following joint public hearing.
HEARING JOINT PUBLIC HEARING ON THE PROPOSED DISPOSI-
TION AND DEVELOPMENT AGREEMENT BETWEEN THE
WEST COVINA REDEVELOPMENT AGENCY AND EDWARD
THEATRES CIRCUIT, INC.
Councilmember Wong stated that he would
abstain from the discussion and vote on this
issue, due to conflict of interest laws. He
took a seat in the audience, reserving his
prerogative to speak on the issue as a
citizen.
DDA with Edwards The City Clerk verified the affidavit of pub-
lication and stated that the record contained
the following documents:
1) Disposition and Development Agreement bet-
ween Edwards Theaters Circuits, Inc. and the
Redevelopment Agency of the City of West
Covina.
2) Summary Report as required by S 33433 of
the Redevelopment Law contained in the Cali-
fornia Health and Safety Code.
Mayor Herfert re -opened the public hearing.
The staff report was presented by Redevelop-
ment Agency Manager Yoshizaki. He then intro-
duced Marios Savopoulos of Musil, Perkowitz &
Ruth, the architects hired by Edwards Theatres
Circuit for this project. Mr. Savopoulos pre-
sented slides of the recently completed
theater project in Irvine, a project similar
in concept for that which is envisioned for
West Covina.
Mr. Yoshizaki introduced Mr. Edwards, who
discussed the project -for West Covina and
promised to do everything in his power to
achieve an opening by Christmas 1996.
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December 5, 1995 2
Written Communications
Oral Communications
Mr. Yoshizaki discussed changes contained in
the DDA and distributed copies to the Council/
Agency Board. Mayor Herfert was concerned
that the public had not had an opportunity to
review the recent changes. Redevelopment
Agency special counsel Clark explained that
the changes were .not a problem as they were
non -substantial in nature.
City Clerk Berry stated that two written com-
munications had been received and gave a brief
and general summary of each:
1) Letter received October 9, 1995 from James
Wadsworth of Wadsworth Associates, 1716 Ocean
Park Boulevard, Suite 1010, Santa Monica; and
2) Letter received November 6, 1995 from
John Dee of Sullivan, Workman & Dee, 800 South
Figueroa Street, 12th Floor, Los Angeles.
Katherine Castucci, 430 S.•Pima Avenue, stated
that she had been concerned about traffic flow
for the proposed project and was pleased with
the mitigating measures outlined in the traf-
fic report. She appreciated that the proposal
calls for monitoring the traffic for the first
two years.
Harvey Krieger, 100 S. Vincent Avenue, past
Councilmember, spoke about the contributions
made to the community by SoCal Theaters.
throughout the past years. He was not opposed
to the current project, but implored Council
to be receptive to future endeavors proposed
by SoCal Theaters.
John Dee, representative for SoCal Theaters,
presented the history of the current project
from SoCal's perspective. He reiterated his
concerns outlined in his written communication
regarding the scope of the current project vs
the requirements of the RFP of a year ago.
Recess Mayor Herfert called a recess at 9:19 pm.
Council/Agency reconvened at 9:30 pm with all
members present (Mr. Wong remained in the
audience).
Iris Delameter, 1212 W. Eckerman, spoke in
favor of the Edwards theater project.
Mayor Herfert closed the public testimony
portion of the hearing and commenced Council
discussion.
Special Counsel Clark stated that he had
responded to Mr. Dee's concerns in written
format and would submit a copy of his letter
to the City Clerk for the record.
Ben Reiling of Zelman Properties responded to
a question regarding potential restaurants for
the new project.
City Council Action
City Clerk presented:
Resolution No. 9279 - RESOLUTION NO. 9279 - A RESOLUTION OF THE
DDA approval CITY COUNCIL OF THE CITY OF WEST COVINA CON-
SENTING TO THE APPROVAL BY THE REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
December 5, 1995 3
BETWEEN THE REDEVELOPMENT AGENCY AND EDWARDS
THEATRES CIRCUIT, INC., AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
Motion by Manners and seconded by Touhey
to waive further reading of the resolution and
adopt. Motion carried by roll call vote:
AYES: Manners, McFadden, Touhey, Herfert.
•
NOES: None
ABSTAIN: Wong (conflict of interest)
Redevelopment Agency Action
Secretary Berry presented:
Resolution No. 480 -
RESOLUTION NO. 480 - A RESOLUTION OF THE
Approving EIR
REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA APPROVING THE ENVIRONMENTAL IMPACT
REPORT FOR THE EDWARDS ENTERTAINMENT COMPLEX
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED
Resolution No. 484 -
RESOLUTION NO. 484 - A RESOLUTION OF THE
DDA approval
REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA APPROVING AND AUTHORIZING THE EXECUTION
OF THE DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY AND
EDWARDS THEATRES CIRCUIT, INC., AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
Motion by Manners and seconded by Touhey
to waive further reading of the resolutions
and adopt. Motion carried by roll call vote:
AYES: Manners, McFadden, Touhey, Herfert
NOES: None
ABSTAIN: Wong (conflict of interest)
Mayor Herfert recessed the Redevelopment Agency
at 9:41 pm to continue forward with the City
Council Agenda. Councilmember Wong returned
to his seat at the Council table.
AGENDA AND ORAL COMMUNICATIONS
Linda Siggins Linda Siggins, West Covina Library Manager,
addressed Item K-1 (Library CFD Options)
stating that she looked forward to whichever
option Council chose regarding the CFD.
Mike Mohajer Mike Mohajer, 738 S. Hillward, addressed Item
G-la (TeraMeth environmental review document).
He stated that he was not in favor of a
methanol plant at the BKK Landfill, but if
Council supported it then he recommended that
a full EIR be conducted. He was also opposed
to the City fronting money for the environmen-
tal review.
Nancy Adin
Nancy Adin, 2633 Maureen Street, spoke in
opposition to a methanol plant at the landfill
(Item G-la).
•
Don Carman
Don Carman, 1238 Hollencrest Drive, stated
that the RACCOON Organization was opposed to
•
the TeraMeth project (Item G-la).
Judy Mason
Judy Mason, 1813 Borrego Drive, stated .that
the landfill was supposeD to close in November
of 1995 and it is still open. She blamed the
City Council and City management for keeping
the landfill open. She opposed the possi-
bility of a "poisonous gas plant" at the land-
fill (Item G-la).
December 5, 1995
Ray Nordin Ray Nordin, president of the Police Management
Association, commented on the Public Safety
proposal (Item I-1). He stated that the
Association supports the proposal, but dis-
agrees with the funding source.
Iris Delameter Iris Delameter, 1212 W. Eckerman, commented on
several items: a) spoke favorably of City
staff, b) supported the Public Safety proposal
(although not the funding source), c) thought
the Home Improvement Expo was an excellent
idea (Item C-la), and d) preferred the overlay
concept, as opposed to a split, in relation to
the impending new area code (Item C-lb).
Royal Brown Royal Brown, 2153 Aroma Drive, remarked that a
public hearing has been scheduled by the
Public Utilities Commission to consider water
rates. The hearing will be held Wednesday,
December 13, in the State building downtown at
107 S. Broadway.
Lollie Bergman Lollie Bergman, 426 S. Leaf, commented on the
County Library's proposed CFD and favored
Option G of the staff report (Item K-1). She
also noted that the Police Department is
responding positively to Council's direction
regarding a Public Safety Program and urged
Council to support the proposal (Item I-1).
CONSENT CALENDAR Written Communications
A letter was received from the Chamber of Com-
merce requesting the City's support for an
upcoming Home Improvement Expo scheduled for
May 18, 1996. Recommendation is to approve
the proposed Home Improvement Expo and direct
staff to work with the Chamber to implement
the program.
A letter was received from the City of Mon-
terey Park requesting West Covina to join in a
complaint to the California Public Utilities
Commission regarding the proposed geographic
split of the 818 area code, scheduled to be
implemented in 1988. Recommendation is to
send a letter to the CPUC urging the Commis-
sion not to implement the geographic split,
and to consider the overlay solution instead.
Commissions' Summary of Action (r & f)
Human Services 11/14/95
Personnel 11/15/95
Planning 11/28/95
Waste Mngt/Env. Quality 11/16/95
• Temporary Use Permits (r & f)
TUP #2286-95 was issued to Big Top Rentals -
West Covina Toyota, 821 S. Glendora, for a
• rooftop balloon 10/27 through 11/1.
TUP #2287-95 was issued to South Hills High
School, 645 S. Barranca, for a Christmas Tree
Lot 12/18 through 12/16.
TUP #2293-95 was issued to Bill & Tami Boggan,
143 N. Barranca, for a Christmas Tree Lot 12/1
through 12/31.
December 5, 1995 5
TUP #2296-95 was issued to Faith Community.
Church, 1211 W. Badillo, for a Christmas Tree
Lot 11/27 through 12/25.
TUP #2297-95 was issued to West Covina Nissan,
1840 E. Garvey, for a radio promotion on
11/18.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held 11/21/95.
Miscellaneous - Public Works
Property Tax sharing Request - County Sanita-
tion District No. 22 (adopt resolution)
Resolution 9280 - RESOLUTION NO. 9280 - A RESOLUTION OF THE
3534 Holt Avenue CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ADOPTING THE JOINT RESOLUTION OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES, THE BOARD OF DIRECTORS OF COUNTY SAN-
ITATION DISTRICT NO. 22 OF THE COUNTY OF LOS
ANGELES, AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA, APPROVING AND ACCEPTING NEGOTI-
ATED EXCHANGE OF PROPERTY TAX REVENUES RESUL-
TING FROM ANNEXATION TO COUNTY SANITATION
DISTRICT NO. 22, BEING ANNEXATION NO. 335
Miscellaneous'- Environmental Services
Christmas Tree Recycling Program
Recommendation is to receive and file the
informational report.
Miscellaneous - Police Devartment
Replacement of Traffic/Crime Analysis
Furniture
Police Furniture - Recommendation is to a) find that the Los
L.A. Interior Systems Angeles County bid is at least as stringent as
that used by the City and satisfies the formal
bid process of WCMC S 2-333 and justifies the
waiver of the formal bid process of S 2-330,
and b) allow the purchase and installation of
the specified office furniture and dividers
from L.A. Interior Systems, Inc. at the County
bid price for $15,097.72 plus tax and instal-
lation.
CONSENT CALENDAR MOTION Motion
by.Manners and seconded
by Touhey to
waive
further reading of the resolution
and
adopt,
and to approve all other
items listed.
Motion
carried by roll call vote:
AYES:
Manners, McFadden, Touhey,
Wong, Herfert
NOES:
None
•
PUBLIC WORKS No reports for this meeting.
•
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for
this meeting.
ENVIRONMENTAL SERVICES ATHENS MATERIALS RECOVERY FACILITY PROPOSAL
This item was considered by Council at the
special meeting held this day at 6:30 pm.
December 5, 1995
PLANNING
Payment for Environmental
Review re TeraMeth
Motion
Horse Regulations
Ordinance 1961 -
Emergency ordinance
•
•
1)
2)
AGREEMENT WITH AIR QUALITY MANAGEMENT
DISTRICT RE PAYMENT FOR TERAMETH ENVIRON-
MENTAL REVIEW DOCUMENT
City Manager Starbird noted that the item
before Council is strictly in relation to
AQMD's proposal for the City to backstop
the financing of the environmental
review. The actual project is not before
the Council and should not be discussed.
Council may, sometime in the future, sit
as the reviewing body if TeraMeth files
an .application for this project, which
they can do whether or not Council
approves .this request. He also noted
that it has been staff's -position
throughout this matter that a recommen-
dation to proceed could not made without
adequate environmental review. This
position has been clearly stated to AQMD,
as the safety of the citizens is of
primary concern to the City.
Discussion ensued regarding the
appropriate level of environmental review
that should be imposed on the TeraMeth
project. It was noted that the City's
CEQA procedures require the Planning
Director to determine the proper level of
review. Councilmember McFadden asked if
Council could set the level of review.
City Manager Starbird responded that
staff would need to look into it.
Motion by Herfert and seconded by
Touhey to disapprove the request for
advanced funding. Motion carried 5-0.
Mayor Herfert quoted from a Septem-
ber 13th letter from the Integrated Waste
Management Board staff indicating that a
Negative Declaration would be inadequate.
He asked staff to agendize this for the
next Council meeting as to why that
position isn't being considered.
HORSE REGULATIONS RELATING TO SINGLE-
FAMILY RESIDENTIAL ZONES
Council reviewed the staff report and
Mayor Herfert asked for the reading of
the ordinance heading.
City Clerk presented:
ORDINANCE NO. 1961 - AN INTERIM
EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA,
PERTAINING TO THE KEEPING OF HORSES ON
RESIDENTIAL -AGRICULTURAL (R-A) AND
SINGLE-FAMILY RESIDENTIAL (R-1) ZONED
PROPERTIES
Motion by Wong and seconded by
Herfert to waive further reading of the
ordinance and adopt.
Council comments ensued regarding
notification to affected property owners,
CUP costs, and streamlining and reducing
the cost of the proposed process.
Planning Director Collier responded to
Council questions and City Manager
Starbird explained the purpose of the
moratorium process.
December 5, 1995 7
Further discussed followed regarding
costs to potential horse property owners
and the CUP process. Planning Director
Collier stated that he could go up to his
office and revise the ordinance. Council
concurred to continue with the Agenda and
return to this subject when Mr. Collier
rejoins the meeting.
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting
at 10:55 pm to reconvene the Redevelopment
Agency. The City Council reconvened at 10:57
pm with all members present.
CONSENT TO JOINT PUBLIC NEARING FOR REDEVELOP-
MENT PLAN AMENDMENT (REMOVAL OF FORMER NUGRES
SITE)
Council reviewed the staff report.
City Clerk presented:
Resolution 9281 - RESOLUTION NO. 9281 - A RESOLUTION OF THE
re Hughes site CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONSENTING TO A JOINT PUBLIC HEARING
WITH RESPECT TO AMENDMENT NO. 2 TO THE REDE-
VELOPMENT PLAN FOR THE WEST COVINA REDEVELOP-
MENT PROJECT AND NEGATIVE DECLARATION PREPARED
IN CONNECTION THEREWITH
Motion by Wong and seconded by Touhey to
waive further reading of the resolution and
adopt. Motion carried 5-0.
HUMAN SERVICES No reports for this meeting.
POLICE DEPARTMENT PUBLIC SAFETY PROPOSAL
Public Safety Proposal Police Chief Distelrath presented the staff
report with slides of the Public Safety Pro-
posal. He responded to Council questions and
comments.
Motion by Herfert and seconded by Wong to
approve the $298,060 expenditure needed to
implement the Police Department's public
safety plan as presented in the staff report.
Motion carried 5-0.
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY CLERK'S OFFICE LIBRARY ADVISORY MEASURE/PROTEST HEARING
OPTION
Library CFD Options Council reviewed the staff report.
Motion by Herfert and seconded by
McFadden to place a library advisory measure
• on the March 26th ballot. Councilmember
McFadden asked about the deadline for submit-
ting resolutions to the County Board of
• Supervisors for placing matters on the March
26th election, as he was interested in placing
the TeraMeth project on the ballot. Assistant
City Manager Wylie noted that the deadline is
December 8th and the TeraMeth project would be
extremely difficult to do within the next
couple of days. Council did not support
Councilmember McFadden's desire.
December 5, 1995 S
Council -discussed the matter of seeking
input from the citizens regarding the Library
CFD, noting their preferences.
A substitute motion was offered by
Manners and seconded by Wong to approve Option
G (protest hearing by mail). Motion failed 2-
• 3 with McFadden, Touhey and Herfert voting no.
A vote was taken on the main motion to
place the matter on the March 26th ballot
which failed 2-3 with Manners, Touhey and Wong
voting no.
Recess Mayor Herfert called a recess at 11:47 pm.
Council reconvened at 11:54 pm with all
members present.
Protest Hearing Option Motion by Wong and seconded by Manners to
approve Option G - direct staff to proceed
with a protest hearing utilizing the services
of Berryman & Henigar and appropriate $15,000
from the General Fund reserves. Motion car-
ried 3-2 with Touhey and Herfert voting.no.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $939,003.65 as listed
on check registers FI 159221 through 159457.
Motion carried by roll call vote:
AYES: Manners, McFadden, Touhey, Wong, Herfert
NOES: None
ABSTAIN: Herfert re SCE
HORSE REGULATIONS (CONTINUED)
Planning Director Collier distributed a
revised emergency ordinance regarding horse
regulations in, relation to single-family
residential zones.
Motion by Manners and seconded by
McFadden to waive further reading of Ordinance
No. 1961 and adopt. Motion carried 3-2 with
Touhey and Herfert voting no. After some dis-
cussion regarding the proposed ,$200 fee,
motion by Wong and seconded by Herfert to
reduce the $200 fee to zero. Motion carried
4-1'with Touhey voting no.
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS Motion by McFadden and seconded by Touhey to
approve a resolution of commendation for Louis
M. Winters, a retiring employee from the
Engineering Department. Motion carried 5-0.
Mayor Herfert reported on three items from the
National League of Cities Conference: Sister
City Program, recycling center, and voting
machine for the Council Chambers.
• COUNCILMEMBERS' REPORTS Councilmember Manners commented on another
item from the National League of Cities Con-
ference: a tattoo removing program for gang
members who have decided to change their lives
around. They work community service hours for
the tattoo removing sessions.
Councilmember McFadden requested that the live
entertainment ordinance that he wishes to
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City Council Minutes of 10/5/95
ADJOURNMENT
ATTEST:
City Clerk J3net ry
I
L•7
revise be agendized for the December 19th
meeting. He also requested that the matter of
environmental review level regarding the
TeraMeth project be agendized for the same
meeting.
Motion by Wong and seconded by Herfert to
adjourn the meeting at 12:08 am. Motion
carried 5-0.
MayorkSteliCHeffiTt