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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. • • 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 • • • 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