05-21-1996 - Regular Meeting - MinutesN,
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MINUTES
REGULAR MEETING OF THE,
WEST COVINA CITY COUNCIL
May 21, 1996
The regular meeting of the West Covina City Council was called to order by Mayor Touhey at
• 7:47 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California.
The Invocation was given by Reverend James Williams of St. Martha's Episcopal Church and
the Pledge of Allegiance was led by Ernesto Crocco and Jimmy Richardson of Boy Scout Troop
425.
ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councilmembers
Herfert, Wong
Absent Councilmember Manners (excused)
Others present Starbird, Wylie, Buchanan, Glover, Collier, Miller, Dixon,
Samaniego, Mclsaac, Fredrics, Irwin, Palkiwala, Mayer, Markham,
Distelrath, Jones
APPROVAL OF MINUTES Motion by Herfert, seconded by McFadden to approve the
minutes of the following meetings:
Special meeting of April 26, 1996 (as amended by Wong)
Special meeting of May 6, 1996
Special meeting of May 7, 1996
Regular meeting of May 7, 1996
Special meeting of May 13, 1996
Motion carried 4-0.
PRESENTATIONS/PROCLAMATIONS
Mayor Touhey proclaimed the month of May, 1996 as Goodwill
Industries Month and presented a proclamation to Flavia Michel,
Benefits Administrator of Goodwill Industries.
Mayor Touhey recognized the presence of Mr. Cimino and his .
West Covina High School Government class.
RDA Called to Order Mayor Touhey convened the Redevelopment Agency at 7:55 p.m.
in order to conduct the following joint public hearing:
HEARING Continued Joint Public Hearing on the Proposed Amended
and Restated Disposition, Development and Owner
Participation Agreement by and among the Redevelopment
Agency and Hassen Imports Partnership and West Covina
Motors, Inc.
ARDDOPA Redevelopment Agency Manager Yoshizaki presented the staff
report. Afterward Mayor Touhey opened the public hearing.
Public testimony Mayor Touhey opened the public testimony portion of the hearing
and asked for comments.
Ziad Alhassen Ziad Alhassen, Hassen Imports Partnership and West
Covina Motors, Inc., spoke in favor of the project and urged
• Council to move forward with the agreement.
Testimony closed There being no other public comments, Mayor Touhey
closed the public testimony portion of the hearing.
Council discussion Councilmember Herfert stated that he was willing to move forward
with the agreement.
Deputy City Clerk Buchanan presented:
Resolution 9324 - RESOLUTION NO. 9324 - A RESOLUTION OF THE CITY
ARDDOPA . COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
City Council Minutes
May 21, 1996
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CONSENTING TO THE APPROVAL BY THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA
OF THE AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY AND
HASSEN IMPORTS PARTNERSHIP AND WEST COVINA
MOTORS, INC. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH.
Motion by Herfert, seconded by McFadden to waive further
reading of the resolution and adopt. Motion carried 4-0.
RDA Recessed Mayor Touhey recessed the Redevelopment Agency at 8:08 p.m.
to continue the City Council Agenda.
HEARING General Plan Amendment No. 1-96-26
Code Amendment No. 266
(Density Bonuses and Housing Affordability
Negative Declaration of Environmental Impact
Code Amendment 266 Deputy City Clerk Buchanan verified the affidavit of publication.
Mayor Touhey opened the hearing and the staff report was
presented by Principal Planner Doug Mclsaac.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing
and asked for comments. No comments were offered.
Testimony closed There being no one wishing to address Council, Mayor
Touhey closed the public testimony portion of the hearing.
Council discussion No comments by Council.
Deputy City Clerk Buchanan presented
Resolution 9325 -
RESOLUTION NO. 9325 - A RESOLUTION OF THE CITY
Negative Declaration
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT NO. 1-96-26 AND CODE AMENDMENT NO. 166
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED.
and
Resolution 9326 -
RESOLUTION NO. 9326 - A RESOLUTION OF THE CITY
Approving General Plan
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
Amendment 1-96-26
APPROVING GENERAL PLAN AMENDMENT NO. 1-96-26
RELATING TO DENSITY BONUSES AND HOUSING
AFFORDABILITY.
Motion by Herfert, seconded by McFadden to waive further
reading of the resolutions and adopt. Motion carried 4-0.
Deputy City Clerk presented:
Ordinance introduced
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
Code Amendment 266
OF WEST COVINA, CALIFORNIA AMENDING CERTAIN
SECTIONS OF CHAPTER 26 OF THE WEST COVINA
MUNICIPAL CODE (ZONING) RELATED TO DENSITY
BONUSES AND HOUSING AFFORDABILITY (CODE
AMENDMENT NO. 266).
Motion by Herfert, seconded by Wong to waive further
reading of the ordinance and introduce. Motion carried by the
following roll call vote:
AYES: Herfert, McFadden, Wong, Touhey
NOES: None
ABSENT: Manners
Mayor Touhey recognized the presence of the Honorable Pete Schabarum, former L.A. County
Supervisor.
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HEARING Adult -Oriented Business Ordinance - Code Amendment 272
Adult -Oriented Deputy City Clerk Buchanan verified the affidavit of publication.
Business Ordinance Mayor Touhey opened the hearing. City Attorney Dixon
presented the staff report and an overhead presentation was
given by Principal Planner Doug Mclsaac.
Council comments Councilmember Herfert asked if this matter was being addressed
' as a result of a reference from the League of California Cities.
City Attorney Dixon responded that the Planning staff undertook
this matter at her request, along with the reference from the
League. Mr. Herfert noted his concern that revisiting this issue
could open up our neighborhoods to adult -oriented businesses.
Ms. Dixon responded that the intent is to make available sufficient
"commercial space", and not "neighborhoods."
City Manager Starbird emphasized that staff is only establishing
standards to try to limit the areas of occupancy of adult -oriented
businesses.
Mayor Pro Tern McFadden if the locations pointed out in the
presentation could be limited even more and what would happen if
the City were challenged by these businesses. City Attorney
Dixon explained the consequences of being constitutionally
challenged and emphasized the need to act in advance of the
ordinance being needed.
Councilmember Wong asked if he had any conflict of interest
because of the location of his family's business. He asked if the
owners of The Plaza were under an constitutional mandate to
lease to these type of businesses. Mr. Mclsaac responded that if
a landlord did not see the.business as being desirable, he/she has
the right to deny tenancy.
Mr. McFadden asked if it were possible to have a limited set of
areas for adult -oriented businesses. Ms. Dixon answered that this
is exactly what has been done with the proposed ordinance, and
continued with an explanation of the severability clause.
Mr. Wong asked if citizens been made aware of tonight's process.
Mr. Mclsaac responded that staff published a legal notice of the
public hearing.
Mayor Touhey noted that there some cities that have an
ordinance in place that have survived the Supreme Court
challenge. He asked if staff had checked with these cities. Ms. ,
Dixon stated that staff has used a model ordinance which was
developed by a committee of attorneys from the League of Cities
who specialize in this area.
Public testimony Mayor Touhey opened the public testimony portion of the hearing
and asked for comments. The following person addressed
Council:
Janice Bonneville Janice Bonneville, West Covina, urged Council to shut the
door on adult -oriented businesses. She stated that the
• presentation gave her the impression that the City is inviting these
businesses to West Covina.
• Testimony closed Mayor Touhey closed the public testimony portion of the hearing
and commenced Council discussion.
Council discussion Councilmember Herfert stated that he would support holding the
item over and noted that he has very strong reservations
regarding this matter.
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May 21, 1996
Council action Motion by Wong, seconded by McFadden to hold the item over to
the next meeting. Motion carried 4-0.
AGENDA AND ORAL COMMUNICATIONS
Pete Schabarum Pete Schabarum, 880 W. 1 st Street, Unit 612, Los Angeles, urged
the Council to re -appoint Councilmember Wong to the Board of
Directors of Foothill Transit (Item N-1).
Linda Siggins Linda Siggins, West Covina Branch Library, thanked Council for
the time and efforts given to the support of the library (Item K-2).
She introduced the President of the Junior Friends of the Library.
Elizabeth Emerald Elizabeth Emerald, President of Creative Impulses, Edgewood
Middle School. She stated that her organization feels it is
important to raise money to help extend the hours of the library
and to buy more up-to-date books (Item K-2).
Mike Garafalo Mike Garofalo, Regional Administrator for the Los Angeles County
Library, thanked Council for moving forward with the survey
effort and noted that the library will make every effort to maintain
the present level of service (Item K-2).
John Gain John Gain, 2233 Merced Avenue, stated that he does not want to
be saddled with a tax that may increase as the years pass and
expressed that once the City annexes into the CFD, it may be
difficult to get out of it (Item K-2).
Chuck Terranova Chuck Terranova, 3193 Horizon Place, emphasized that he has
been a long-time supporter of the library but feels that an
additional tax would be burdensome. He added that he has made
suggestions to the Council regarding other ways to fund the
library (Item K-2).
John Davidson John Davidson, West Covina, expressed his opposition to the
CFD (Item K-2).
Mike Spence Mike Spence, West Covina, suggested that the City pull out of the
County library system and take local control (Item K-2).
Janice Bonneville Janice Bonneville, 1521 Fairway Knolls Rd., spoke on a lawsuit in
which she is named as one of many defendants.
James Fonseca James Fonseca, 816 N. Azusa Avenue, Apt. #2, expressed his
dissatisfaction with the cable rates. He stated that he is disabled,
lives on a fixed income and feels that he should get the disabled
rate. In addition, Mr. Fonseca requested that a street light behind
816 N. Azusa be repaired.
Don Carman Don Carman, Hollencrest Drive, thanked Mr. Herfert for a job well
done as Mayor and congratulated Mr. Touhey on his new post as
Mayor. He added that the group known as R.A.C.C.O.O.N. will
not disband when the landfill closes, noting that the group will
continue to work to make sure the landfill closes and is
maintained.
CONSENT CALENDAR
Commissions' Summary of Actions (receive and file)
Personnel 05/08/96
Planning
05/14/96
Temporary Use Permits (receive and file)
TUP #2315-96 for West Covina Nissan, located at 1840 E.
Garvey Avenue, on 4/21/96, for a radio promotion.
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TUP #2316-96 for West Covina Nissan, located at 1840 E.
Garvey Avenue, on 4/27/96, for a radio promotion.
TUP #2317-96 for Mission Chrysler, located at 298 N. Azusa
Avenue, on 5/3/96, for a radio promotion.
TUP #2320-96 for West Covina Nissan, located at 1840 E.
' Garvey Avenue, on 5/11/96, for a radio promotion.
TUP #2321-96 for Medical Dental Group, located at 1400 West
Covina Parkway, on 5/11/96, for a radio promotion - grand,
opening.
Acceptance of Improvements and/or Release of Bonds
Power Distributors Recommendation is to accept sports lighting improvements and
Sports Lighting authorize release of Bond No.1496360, in the amount of
$303,401.00, subject to Notice of Completion.
Project No. SP-96108 Recommendation is to accept curb and gutter improvements and
Grigolla & Sons authorize release of Amwest Surety Insurance Co., Bond No.
1292132, in the amount of $40,905.00, subject to Notice of
Completion.
Project No. SP-96112 Recommendation is to accept slurry seal improvements and
Doug Martin authorize release of Safe Co. Insurance Company, Bond No.
5841236, in the amount of $119,656.71, subject to Notice of
Completion.
Ordinance for Adoption (waive reading and adopt)
Ordinance 1971 - ORDINANCE NO. 1971 - AN ORDINANCE OF THE CITY
Rescinding Urgency COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Ordinance No. 1962 RESCINDING URGENCY ORDINANCE NO. 1962.
Miscellaneous - Public Works
1) Exchange of Securities - South Hills Homes Partnership
Exchange of Securities Recommendation is to authorize the release of all current
South Hills Homes Second Trust Deeds and all bonds for Tract Nos. 32324,
Partnership 42169, 32323, and 33656 concurrent with a new Second
Trust Deed in favor of the City in the amount of $2,980,000
and a new all encompassing agreement for any remaining
improvements in Tract Nos. 32324, 42169, 32323, and
33656 as well as Tentative Tract No. 47809 and Tentative
Parcel Map 22037.
2) Project GP-95303 Authorization to Subscribe to an
Interruptible Electrical Rate from Southern California
Edison
Interruptible Electrical Rate Recommendation is to authorize the City Engineer to
SCE subscribe to Southern California Edison's interruptible
service rate and approve the purchase of telemonitoring
equipment in the amount of $22,120 from Southern
California Edison.
Miscellaneous - Personnel Services
Implementation of Early Retirement Incentive Program
• Early Retirement Recommendation is to approve the provision of the two
Incentive Program additional years of service credit pursuant to Government Code
• Section 20821.6 for the Human Services Director and direct staff
to bring back an enabling resolution between the City and PERS
for approval.
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CONSENT CALENDAR ACTION
Motion by Wong, seconded by McFadden to waive further reading
of the ordinance and adopt, and to approve all other items listed,
except Item C-8. Motion carried by roll call vote:
AYES: Herfert, McFadden, Wong, Touhey
NOES: None
ABSENT: Manners
Item C-8 Southern California Edison:
Motion by McFadden, seconded by Wong approve Project
GP-95303. Motion carried Herfert abstaining due to a conflict of
interest.
PUBLIC WORKS 1) West Covina Landscape Maintenance District No. 1 -
Setting of 1996-97 Property Tax Rate
City Engineer Patrick Glover presented the staff report.
Deputy City Clerk Buchanan presented:
Resolution 9327 - RESOLUTION NO. 9327 - A RESOLUTION OF
LMD #1 Tax Rate THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SETTING THE AMOUNT OF MONEY
NECESSARY TO BE RAISED FOR WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
FIXING THE TAX RATE FOR SAID MAINTENANCE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,
1996.
Motion by Herfert, seconded by Wong to waive
further reading of the resolution and adopt. Motion carried
4-0.
Mayor Pro Tern McFadden stepped out of the meeting at 9:55 p.m.
2) West Covina Landscape Maintenance District No 2
City Engineer Patrick Glover presented the staff report.
Deputy City Clerk Buchanan presented:
Resolution 9328 - RESOLUTION NO. 9328 - A RESOLUTION OF
LMD #2 Tax Rate CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SETTING THE AMOUNT OF MONEY
NECESSARY TO BE RAISED FOR WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND
FIXING THE TAX RATE FOR SAID MAINTENANCE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,
1996.
Motion by Herfert, seconded by Wong to waive
further reading of the resolution and adopt. Motion carried
3-0.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
Mr. McFadden returned to the meeting at 9:58 p.m.
ENVIRONMENTAL SERVICES
No reports for this meeting.
Countywide Integrated Waste Management Plan And
Sitina Element
Environmental Services Director Mike Miller presented the
staff report.
Motion by Herfert, seconded by McFadden to take
the following action:
a) Support the Siting Element as a short-term, fair -
share approach for waste disposal that does not
rely on any one geographical area, provided that
the next step is taken to develop a truly integrated
waste management plan with the cities and the
County; and
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b) Convey the support and comments to the County
Waste Management Task Force, the County, and
all the cities.
Motion by Herfert, seconded by McFadden to approve
staff's recommendation. Motion carried 4-0.
REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 10:02
p.m. to reconvene the Redevelopment Agency. The City
Council reconvened at 10:09 p.m. with all members
present, except Councilmember Manners
(excused).
HUMAN SERVICES 1) 1996 Fourth of July Event
Council reviewed the staff report.
1996 Fourth of July Event Motion by Wong, seconded by McFadden
to approve the 1996 Fourth of July Event Budget of
$16,245 using B.I.T. funds and appropriate $2,100
of B.I.T. funds into the 1995-96 budget. Motion
carried 4-0.
Comment Mr. John Hughes, Fourth of July Committee, thanked
Council for their support of the Fourth of July Event.
2) 1996-97 CDBG Allocations
City Manager Starbird presented the staff report.
CDBG Allocation Motion by Herfert, seconded by McFadden
to take the following actions:
Approve the reallocation of 1995-96 Social
Services Program fund as noted in the staff
report, and
Approve the allocation of additional 1996-97
CDBG funds as noted in the staff report.
Motion carried 4-0.
PUBLIC SAFETY SERVICES No reports for this meeting.
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY MANAGER County Library Community Facilities District
Assistant City Manager Steve Wylie presented the staff
report.
Council comments Councilmember Wong stated that he doesn't feel that the
citizens don't want to support the library ; instead, he
Wong thinks that there is a general distrust of the way the County
handles its finances.
McFadden Mayor Pro Tern McFadden stated his opposition to the
CFD and suggested a task force to address the issues of
the library in West Covina and look the alternative
approaches.
Herfert Councilmember Herfert noted that he was surprised at the
amount of responses to the survey and expressed that he
would support to receive and file the report.
Touhey Mayor Touhey concurred with the Council majority, noting
that he supports the library but is against taxes. He added
that the County should re -prioritize and be more financially
responsible.
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Council Action
APPROVAL OF DEMANDS
ORAL COMMUNICATIONS
Motion by Herfert, seconded by McFadden to
receive and file the staff report. Motion carried 4-0.
Motion by Herfert, seconded by Touhey to approve
demands totaling $911,242.78 as listed on check
registers FI 162589 through 162878. Motion
carried by roll call vote:
AYES: Herfert, McFadden, Wong, Touhey
NOES: None
ABSENT: Manners
ABSTAIN: Herfert (re SCE)
No comments offered.
MAYOR'S REPORT
Annual Appointments by the Mayor of Council
Representatives to Outside Boards
and Committees
Mayor Touhey made the following
appointments:
Committee
Representative
Alternate
Audit Committee
Herfert
McFadden
Chamber of Commerce
Touhey
Manners
City/Chamber Coordinating
Committee
Touhey
Manners
City/School Cooperative
Committee
McFadden
Wong
E.S.G.V. Planning Committee
Touhey
Manners
E.S.G.V. Consortium
Herfert
McFadden
Foothill Transit Zone
Wong
Herfert
Independent Cities Assoc.
Manners
McFadden
I.C.R.M.A.
McFadden
Hoppe
League of California Cities
McFadden
Manners
SGV Mosquito Abatement District
Manners
Wong
L.A. County City Selection
Committee
Touhey
Manners
S.G.V. Commerce & Cities Consortium Touhey
McFadden
Sanitation District Board
Touhey
McFadden
Upper S.G.V. Water Association
Herfert
McFadden
Council comment Mayor Pro Tern McFadden noted the superb job Mr. Wong
has done on the Board of the Foothill Transit Zone and
expressed his satisfaction that the Council majority
concurred with him.
Resolution 9329 -
S.G.V. Council of Governments
Mayor Touhey emphasized that it has been a practice of
the Council to rotate the appointments in an effort to afford
each member the opportunity to serve and not become
"stagnant" in one place.
Deputy City Clerk Buchanan presented:
RESOLUTION NO. 9329 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA NAMING NANCY MANNERS AS
GOVERNING BOARD REPRESENTATIVE TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND
BENJAMIN WONG AS ALTERNATE.
Motion by Herfert, seconded by McFadden to
waive further reading of the resolution and adopt. Motion
carried 4-0.
Motion by Wong, seconded by Herfert to ratify the
Mayor's annual appointments. Motion carried 4-0.
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COUNCILMEMBERS' REPORTS
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Resolution for Mr. Vern Mottinaer
Councilmember Wong requested the resolution for Mr.
Vern Mottinger, who once served on the City Council,
Planning Commission, Parks and Recreation Commission
and School Board. Mr. Mottinger is moving to the State of
Ohio to live with relatives.
Touhey Mayor Touhey noted that he had attended the birthday
party at the Senior Center for citizens 90 years of age and
older. He also thanked the Police Department, who
hosted a breakfast for the West Covina Sunrise Rotary
Club. He added that he had attended the L.A. County
Older American Recognition luncheon.
Wong Councilmember Wong announced that the American Heart
Association will be sponsoring a production of "Evita" and
Mayor Touhey have tickets for those interested in
attending.
Touhey Mayor Touhey directed staff to agendize the possibility of a
"bandshell" for the next Council meeting.
McFadden. Mayor Pro Tern McFadden announced a new program of
his cable show, where the City Manager will be his guest.
He stated that the subject matter will be B.K.K. ,
Touhey Introduced the new newscaster for WCCT, J.R. Ybarra,
who replaces Jim Patton.
Herfert Councilmember Herfert announced an awards ceremony
to be hosted by West Covina United, Thursday, May 30.
ADJOURNMENT Motion by Wong, seconded by Herfert to adjourn the
meeting at 10:50 p.m. in memory of Daniel Fraembes,
Pomona Police Department. Motion carried 4-0.
Mayor Michael Touhey
ATTEST:
U�
City•Cierk Janet Berry
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