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06-01-1999 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JUNE 1, 1999 The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:36 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Dr. Kundan Peter from West Covina United Methodist Church and Councilmember Touhey led the Pledge of Allegiance. ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers Herfert, Touhey, Wong Others Present: Hobbs, Greene, Yauchzee, McIsaac, Lee, Pidgeon, King, Chung, Fields, Collier, Wills, Gardner, Bommarito, McDonald, Martyn, Keating, Schimanski, Fox, Fong, Mayer, Marticorena, Berry APPROVAL OF MINUTES Councilmember Wong requested that his statement to Mayor Howard regarding the May 23rd Council meeting be included in that set of minutes. Mayor Howard to forward the statement to the City Clerk for inclusion. With this correction, the following sets of minutes were approved: Special meeting of May 4, 1999 (ALS Fees) Regular meeting of May 4, 1999 Special meeting of May 18, 1999 Special meeting of May 23, 1999 (as corrected above) PRESENTATION Community Library Manager Linda Siggins and Children's Librarian Erica Carr announced the Summer Reading Program at the County's Library, West Covina Branch. RDA Called to Order Mayor Howard called to order the Redevelopment Agency at 7:45 pm to conduct the following two joint public hearings between the City of West Covina and the Redevelopment Agency. HEARING JOINT PUBLIC HEARING — WEST COVINA CITYWIDE REDEVELOPMENT PROJECT RDA Project Area City Clerk Berry verified the affidavit of publication. Mayor Howard opened the joint public hearing and Redevelopment Agency Director Chung presented the staff report. Mr. John Huff of Urban Futures, the City's consultant, presented the Project Binder and reviewed the various documents contained therein. He also addressed the purpose of redevelopment and it's history in West Covina. Public Testimony Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had been received regarding the proposed project. Mayor Howard then asked for verbal comments by members of the audience. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street #211, addressed the City Council. She asked if the City's proposed project would be taking Council Minutes of 6/1/99 homes away•from residents. She also suggested more senior condo projects, rather than senior apartments. Redevelopment Agency Director Chung stated that the Redevelopment Agency is not contemplating taking residential properties. • Testimony closed Mayor Howard closed the public testimony portion of the hearing. Redevelopment Agency Action Secretary Berry presented: Resolution 540 - RESOLUTION NO. 540 — A RESOLUTION OF THE Monies for Project REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA FINDING AND DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND OUTSIDE THE BOUNDARIES OF THE CITYWIDE REDEVELOPMENT PROJECT WILL BENEFIT THE PROJECT AREA AND AUTHORIZING THE EXPEND- ITURE OF SUCH FUNDS Resolution 541 - RESOLUTION NO. 541 — A RESOLUTION OF THE Certifying EIR REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITYWIDE REDEVELOPMENT PROJECT Resolution 542 - RESOLUTION NO. 542 — A RESOLUTION OF THE Approving the Plan REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA APPROVING THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT Motion by Wong and seconded by Melendez to waive further reading of the resolutions and adopt. Motion carried 5-0. City Council Action City Clerk Berry presented: Resolution 9687 - RESOLUTION NO. 9687 — A RESOLUTION OF THE Approving Use of Funds CITY COUNCIL OF THE CITY OF WEST COVINA FINDING AND DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND OUTSIDE THE BOUNDARIES OF THE CITYWIDE REDE- VELOPMENT PROJECT WILL BENEFIT THE PROJECT AREA AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS Resolution 9688 - RESOLUTION NO. 9688 — A RESOLUTION OF THE Certifying the EIR CITY COUNCIL OF THE CITY OF WEST COVINA CERTI- FYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITYWIDE REDEVELOPMENT PROJECT Resolution 9689 - RESOLUTION NO. 9689 — A RESOLUTION OF THE Adopting the Plan CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT Motion by Wong and seconded by Melendez to waive • further reading of the resolutions and adopt. Motion carried 5-0. City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Adopting the RDA Plan CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT 4 Council Minutes of G/l/99 Motion by Herfert and seconded by Melendez to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None • HEARING JOINT PUBLIC HEARING ON THE PROPOSED SECOND AMENDED AND RESTATED DISPOSITION, DEVELOP- MENT AND OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY, HASSEN IMPORTS PARTNERSHIP AND WEST COVINA MOTORS INC. AND APPROVAL OF VARIABLE RATE BOND FINANCING AND THE FINANCING TEAM City Clerk Berry verified the affidavit of publication. Council - member Touhey stated that he was in the process of purchasing a house within 300 feet of project area and would consequently abstain from participating in the discussion and vote, due to conflict of interest laws. He then vacated his seat. Hassen Imports Inc. Mayor Howard opened the joint public hearing and Redevelopment Agency Director Chung presented the staff report.. Public Testimony Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that a written communication had been received. The letter was submitted by Thomas Parrington, Covina Redevelopment Agency Counsel, who would address the matter during oral testimony. Mayor Howard asked for verbal comments and the following addressed Council/RDA: Thomas Parrington Thomas Parrington, Covina RDA Counsel, stated that the City of Covina had a vested interest in this particular project because Clippinger Chevrolet has been in the City of Covina and they would like to keep it in Covina. He disagreed with finding of the West Covina Redevelopment Agency and expounded on them. He hoped the City of West Covina would reconsider this proposal. Thomas Seelig Thomas Seelig, 2223 E. Deodar Avenue, wondered if Mr. Alhassen paid off his last loan regarding the Mitsubishi dealership or was it a part of his bankruptcy. He disagreed with the idea of paying $4.1 million to put someone in an ideal location for them to conduct business. It should be the other way around - they should be paying the City for the use of that ideal property. Royal Brown Royal Brown, 2153 Aroma Drive, favored the project as he felt Mr. Alhassen is one of the better developers in the City. Tami Klenck Tami Klenck, 609 S. Magnolia Avenue, opposed the use of tax money to the applicant in light of the other obligations he has not met. • Ziad Alhassen Ziad Alhassen, the applicant, defended his business, Hassen Development Company, and spoke favorably of his proposal. Staff Response In response to the City of Covina letter, City Attorney Marlyn stated that for the administrative record, she would read the title of approximately 25 various documents that have been included. Special Counsel Clark addressed the issues raised in the Covina letter, point by point. John Fitzgerald of Seiler -Fitzgerald Public 3 Council Minutes of 6/l/99 Financier of Los Angeles, underwriter for bond counsel, stated that the bond counsel has stated that this is a public purpose financing project and as such it is tax exempt. Testimony closed There being no others wishing to speak to this project, Mayor Howard closed the public testimony portion of the hearing. Council Discussion Council spoke in support of the project and stated their reasons. Redevelopment Agency Action Secretary Berry presented: Resolution 538 - RESOLUTION NO. 538 — A RESOLUTION OF THE approving the ARDDOPA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF THE SECOND AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND OWNER PARTICIPA- TION AGREEMENT BY AND BETWEEN THE REDEVELOP- MENT AGENCY OF THE CITY OF WEST COVINA AND HASSEN IMPORTS PARTNERSHIP AND WEST COVINA MOTORS, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Resolution 539 - RESOLUTION NO. 8539 — A RESOLUTION OF THE appointing bond counsel REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA APPOINTING AN UNDERWRITER, A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, AND CREDIT PROVIDER, AND APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF RELATED FEE AGREE- MENTS ALL IN CONNECTION WITH THE PROPOSED 1999 VARIABLE RATE DEMAND TAX ALLOCATION BONDS (West Covina Motors Project) Motion by Wong and seconded by Melendez to waive further reading of the resolutions and adopt. Motion carried 3-I-1 with Howard voting no and Touhey abstaining (conflict of interest). City Council Action City Clerk Berry presented: Resolution 9690 - RESOLUTION NO. 9690 — A RESOLUTION OF THE approving ARDDOPA CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF THE SECOND AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND OWNER PARTICIPATION AGREE- MENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA AND HASSEN IMPORTS PARTNERSHIP AND WEST COVINA MOTORS, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Wong and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 3-1-1 with Howard voting no' and Touhey abstaining (conflict of interest). • RDA Adjourned Mayor Howard completed the Redevelopment Agency agenda and at 9:07 pm the Redevelopment Agency meeting was adjourned. The City Council meeting continued with all members present. Mayor Howard moved forward the following item for the City Council to consider at this point in the meeting. 0 Council Minutes of 6/l/99 • 0 PUBLIC SERVICES Valencia Heights Water Co REJECTION OF CITY'S FINAL OFFER AND NOTICE TO VACATE PROPERTY BY VALENCIA HEIGHTS WATER COMPANY — 300 AND 330 SOUTH CITRUS STREET Councilmember Wong stated that as a customer served by the Valencia Heights Water. Company (VHWC), a mutual water company, he owns one stock. Due to conflict of interest laws, he would therefore need to abstain from the discussion and vote on this matter. City Manager Hobbs stated that a meeting with Valencia Heights Water Company resulted in a letter received today. He presented its contents to the City Council of which the following four points were made: 1) VHWC will grant the City an additional 90-day extension with the lease fee to apply to the purchase price. 2) The sale price will be $1.15 million, fee simple, payable over 30 years at 5% interest for the approximate eight acres of land with no prepayment penalty. 3) The sale price includes easements for ingress and egress and the repair, maintenance, and operation of the Water Company equipment. 4) Should the City sell the land within ten years, with the intent to develop, the City will pay to VHWC 50% of the appreciated price. The City Council commended the City Manager for his role in helping to continue negotiations with Valencia Heights. John King John King, 657 S. Chaparro, Covina, asked for a clarification of where the two acres that will remain the property of Valencia Heights Water Company. Staff responded that the location is still uncertain; however, it is known that the two acres are not where the Ridge Riders Center is currently located. The ninety -day extension is for the purpose of working out the specific location. June Waller June Waller, 3306 E. Holt Avenue, thanked the Council for the new win -win position reported by the City Manager. John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, was glad that it appears to have worked out. Motion Motion by Touhey and seconded by Melendez agree with the counter offer from Valencia Heights Water Company, contingent on the two -acre location, and to refer the matter back to staff to bring forward a complete agreement within the ninety -day extension period granted by VHWC. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Recess Mayor Howard called a recess at 9:20 pm. The City Council meeting was reconvened at 9:35 pm with all members present. ENVIRONMENTAL MANAGEMENT No reports for this meeting. REDEVELOPMENT AGENCY The Redevelopment Agency meeting was conducted earlier in the meeting. i COMMUNITY SERVICES No reports for this meeting. 5 Council Minutes of 6/l/99 PUBLIC SAFETY — COMMUNICATIONS DEPARTMENT CHARTER COMMUNICATIONS — CATV SERVICE RATES & FRANCHISE FEE CHARGES Communications Director Keating presented the staff report. • CATV Service Rates & Fees Councilmember Herfert stated his opposition to increasing fees for both the service rates and franchise fees. Special Counsel Marticorena clarified several points and responded to questions. Joe Camicia Joe Camicia, Alhambra, representing Charter Communications, addressed the increased franchise fee. He suggested eliminating the franchise fee. In fact, he offered the following deal: if the City cancels the ancillary franchise fee which saves the customers that money, then Charter will go back to being rate regulated on the expanded tier. Discussion ensued regarding profit margins and the cable industry in general. Mayor Howard stated the City wouldn't be interested in the terms Mr. Camicia just presented; however, with some additional terms, the discussion might be interesting. She added to the elimination of the franchise fee and regulating the expanded tier, five years, no rate increase and no lawsuits. Mr. Camicia wasn't favorably dis- posed to that. Special Counsel Marticorena suggested getting these offers in writing. Special Counsel Marticorena clarified that the franchise fee is a fee imposed on the operator for the use of the public rights -of -way, it is rent. And none of it is a fee, tax, or charge imposed on the subscribers of the City of West Covina by the City Council. He then suggested authorizing staff to review the transcript of this hearing to explore the exact proposal of Mr. Camicia. A report back to Council in 3 or 4 weeks could be expected. Motion by Herfert and seconded by Touhey to take the following actions: a) Authorize the City's CATV legal counsel to join with the legal counsels representing other Local Franchising Authorities in Southern California to determine what appropriate legal actions may be taken to protest Charter Communications' March 1, 1999 increase in local franchise fees; and b) ' That such participation be funded by an advance from the City's unrestricted reserve account, to be reimbursed by delinquent franchise fees to be paid by Charter Communications; and c) That a report will come back in 3 or 4 weeks regarding Mr. Camicia's proposal. Motion carried 5-0. CITY SUPPORT OF CATV CHANNEL WCCT-TV OPERATED BY MT. SAN ANTONIO COLLEGE Communications Director Keating presented the staff report. WCCT — production vehicle Motion by Melendez and Howard to authorize staff to • transfer to Mt. SAC, ownership of the WCCT-TV production vehicle, a 1984 GMC box bed with video related equipment. The transfer will serve as an in -kind compensation to Mt. SAC for services rendered through June 30, 1999. Motion carried 5-0. Councilmember Herfert noted that he has received complaints from some of the residents that the cable channel plays the same programs over and over. 0 Council Minutes of 6/l/99 [7 CATV FRANCHISE RENEWAL NEGOTIATIONS CATV Franchise Renewal Communications Director Keating presented the staff report. Joe Camicia Joe Camicia, Charter Communications representative, stated that it is Charter's position is still on the table. Charter is offering the City $1.1 million along with a 1% pass -through in the final three years of their franchise in exchange for a contract length of fifteen years. He stated that Charter is still interested in talking and moving forward with negotiations. Councilmember Herfert suggested Council approve the staff recommendation with the addition that special counsel is looking into the rate issues discussed earlier. Councilmember Touhey said he would like the City to wean itself from the $1.1 million over the next three years and rebate it to the subscribers. Councilmember Wong favored the City's original position, which was $1.6 million over a ten-year period. Motion by Herfert and seconded by Howard to take the following actions, bearing in mind the attorneys are looking into the rate structure: a) Reaffirm the City's position which, assuming agreement is reached on all other issues, sets Charter's monetary level of support for community access at $1.1 million and the length of the renewal agreement at no longer than twelve (12 years; and b) Direct staff to advise Charter that the City Council will not extend the "tolling agreement" beyond June 1. Motion carried 4-1 with Touhey voting no. ADMINISTRATIVE SERVICES No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. Mayor Howard returned to the Hearing portion of the Agenda to have the City Council consider the remaining hearings. HEARING ZONE CHANGE NO. 662 — NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT — APPEAL OF PLANNING COMMISSION APPROVAL OF: PRECISE PLAN NO. 868, CONDITIONAL USE PERMIT NO. 520, TENTATIVE PARCEL MAP NO. 25328 Applicant: USA Properties Fund, Inc. Appellant: USA Properties Fund, Inc. Location:. 1950 E. Badillo Street Zone Change No. 662 — City Clerk Berry verified the affidavit of publication and mailing. USA Properties Mayor Howard opened the hearing. City Planner McIsaac presented the staff report. 7 Council Minutes of 6/l/99 Public Testimonv Mayor Howard opened the public testimony of the hearing. The following addressed Council: Steven Gall Steven Gall, USA Properties, stated he was available to answer questions and urged Council support for the project. Robert Klenck Robert Klenck, 609 S. Magnolia Avenue, asked if the project included elevators. Mr. Gall responded in the negative. • Emma Fischbeck Emma Fischbeck, 130 S. Barranca, #211, asked about the availability of parking spots for visitors. Mr. Gall answered that the project includes plenty of parking spots. Testimony closed Mayor Howard closed the public testimony portion of the hearing. City Clerk presented: Resolution 9691 - RESOLUTION NO. 9691 — A RESOLUTION OF THE Neg. Dec. certified CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 662, PRECISE PLAN NO. 868, CONDITIONAL USE PERMIT NO. 520, AND TENTATIVE PARCEL MAP NO. 25328, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion by Touhey and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 5-0. City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 662 Motion by Touhey and seconded by Melendez to waive reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None City Clerk presented: Resolution 9692 - RESOLUTION NO. 9692 — A RESOLUTION OF THE Precise Plan 868 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 868 Resolution 9693 - RESOLUTION NO. 9693 — A RESOLUTION OF THE CUP 520 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 520 Resolution 9694 - RESOLUTION NO. 9694 — A RESOLUTION OF THE Tent. Parcel Map 25328 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP NO. 25328 Motion by Touhey and seconded by Melendez to waive further reading of the resolutions and adopt. Motion carried 5-0. '• Mayor Howard noticed that she had skipped a speaker's card and asked E. T. Snell if he would like to come forward at this time and make his comments intended for Oral Communications. E. T. Snell E. T. Snell stated that he was in possession of seven tapes that he had made and that Century Cable had aired them. He has tried to get them aired on Channel 56 to no avail. He suggested West Covina adopt similar guidelines as those of Century Cable. K Council Minutes of 6/1/99 HEARING WEST COVINA CITYWIDE LIGHTING & MAINTENANCE DISTRICT Citywide Lighting & Maint. Dist. City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and City Engineer Mayer presented • the staff report. Mr. Mayer stated that staff is proposing to maintain the current assessment rates for FY 1999/2000. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had none been received. Mayor Howard then asked for comments from the audience. No one addressed the City Council and Mayor Howard Testimony closed closed the public testimony portion of the hearing. City Clerk presented: Resolution 9695 - RESOLUTION NO. 9695 — A RESOLUTION OF THE Citywide Lighting & Maint. Dist. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING CERTAIN LIGHTING FIXTURES AND ELECTRICAL CUR- RENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER CERTAIN STREET TREES TO BE INSTALLED AND MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 1999 Motion by Touhey and seconded by Herfert to waive further reading of the resolution and to adopt. Motion carried 5-0. HEARING WEST COVINA CITYWIDE SEWER SERVICE CHARGE — METHOD OF COLLECTION Citywide Sewer Standby City Clerk Berry verified the affidavit of publication and Mayor Howard opened the hearing. City Engineer Mayer presented the staff report, noting that the proposed rate of $21.95 per unit is unchanged from the current fiscal year rate. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and City Clerk Berry stated that no written communications had been received regarding this matter. Mayor Howard then asked for none verbal comments from the audience and no one addressed the City Council and Mayor Howard closed the public testimony portion of Testimony closed the hearing. City Clerk presented: Resolution 9696 - RESOLUTION NO. 9696 — A RESOLUTION OF THE Method of Collection CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion by Wong and seconded by Melendez to waive further reading of the resolution and adopt. Motion carried 5-0. • HEARING ADOPTING & AMENDING THE CALIFORNIA BUILDING STANDARDS CODE, THE 1997 EDITIONS OF UNIFORM BUILDING CODES AND FIRE CODES RELATING TO RESIDENTIAL AND COMMERCIAL BUILDINGS IN W. C. Adopting Standard Codes City Clerk Berry.verified the affidavit of publication and Mayor Howard opened the hearing. Building Official Yauchzee presented the staff report, noting that the proposed ordinance was introduce at the last meeting. 01 Council Minutes of 6/1/99 Public Testimonv Mayor Howard opened the public testimony portion of the hearing. Mayor Howard asked for verbal comments relative to this hearing none and no one addressed the City Council. Mayor Howard closed the Testimony closed public testimony portion of the hearing. • City Clerk presented: Ordinance 2033 - ORDINANCE NO. 2933 — AN ORDINANCE OF THE adopting standard codes CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 9, ARTICLE I, AND CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE. CALIFORNIA BUILDING STANDARDS CODE AND THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY CODE, AND THE 19996 EDITION OF THE NATIONAL ELECTRICAL CODE Motion by Touhey and seconded by Wong to waive further reading of the ordinance and to adopt. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None HEARING CODE AMENDMENT NO. 289 — PIGEON KEEPING REGULATIONS — GENERAL EXEMPTION City Clerk Berry verified the affidavit of publication. Mayor Howard opened the hearing and City Planner McIsaac presented the staff report. Public Testimonv Mayor Howard opened the public testimony portion of the hearing and asked for verbal comments relative to this matter. No one none addressed the City Council and Mayor Howard closed the public Testimony closed testimony portion of the hearing. City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Keeping pigeons CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNIC- IPAL CODE RELATE TO PIGEON KEEPING IN THE "SINGLE-FAMILY RESIDENTIAL" (R-1) AND "RESIDEN- TIAL AGRICULTURAL" (R-A) ZONES (Code Amendment 289) Motion by Melendez and seconded by Herfert to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None • CONSENT CALENDAR Commissions/Summary of Actions receive & file Community Services 5/I1/99 Senior Citizens' 5/13/99 Waste Mgmt/Environmental Quality 5/20/99 10 Council Minutes of 6/1/99 Temporary Use Permits (receive & file) TUP #2510-99 was issued to Fortune Supermarket at 450 South Glendora Avenue for a Grand Opening on 5/5/99. TUP 92511-99 was issued to Joshua Mouse at Eastland Shopping Center for a walk-a-thon on 5/8/99. • TUP #2514-99 was issued to Rotary of Covina at 2506-34 East Workman Avenue for an outdoor auction from 5/11/99 thru 5/17/99. TUP #2515-99 was issued to Circus Vargas K & M Production at 1200 Francisquito Avenue for a circus from 5/12/99 thru 5/16/99. TUP #2517-99 was issued to K-Mart at 730 South Orange Avenue for a parking lot tent sale from 5/27/99 thru 6/15/99. TUP #2518-99 was issued to the Lions Club at Edwards Theater fountain area for a fundraiser event from 5/25/99 thru 5/26/99. TUP 42519-99 was issued to the Keyboard Company at 210 North Sunset Avenue for a parking lot tent sale from 5/21/99 thru 5/23/99. TUP #2520-99 was issued to the Trust Bank at 3548 South Nogales Street for summer festival kid's activities on 6/5/99. TUP #2521-99 was issued to the West Covina Girls Softball at Cameron Park/School for a tournament from 5/28/99 thru 5/31/99. Approval of Final Maps (adopt resolutions) Lot Line Adjustment No 137 — Tooez-West Covina Resolution 9697 - RESOLUTION NO. 9697 — A RESOLUTION OF THE CITY Lot Line # 137 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 137 , AND DIRECTING THE RECORDATION THEREOF (Topaz -West Covina) Parcel Man No 25328 — USA Properties Fund Inc Resolution 9698 - RESOLUTION NO. 9698 — A RESOLUTION OF THE CITY Parcel Map 25328 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 24328 AND DIRECTING THE RECORDATION THEREOF (USA Properties Fund, Inc.) Traffic Committee Minutes (approve & file) Minutes of the regular meeting of May 18, 1999. Award of Bid PP 98204 — Orangewood Park Ballfield Lighting PP 98204 - Recommendation is to accept the bid of Maverick Electric Com- MaverickElectric Co. pany, Downey, in the amount of $48,000.00 as presented at the bid opening of May 25, 1999 and to authorize the Mayor and City Clerk to execute a contract for the work to be done. • Ordinance for Adoption (waive reading & adopt) Ordinance 2934 - ORDINANCE NO. 2934 — AN ORDINANCE OF THE CITY re sewer pipe COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING SECTION 22-36 OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO KIND AND SIZE OF SEWER PIPE 11 Council Minutes of 6/l/99 Miscellaneous — Fire Department First Supplemental Weed & Rubbish Abatement List Recommendation is to adopt the following resolution and to set June 15 at 7:30 pm for the protest hearing on the proposed removal of weeds and rubbish from the properties described in the First Supplemental List. • Resolution 9699 - RESOLUTION NO. 9699 — .A RESOLUTION OF THE CITY Weed Abatement List COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION OF INTENTION NO. 9665 BY APPROVING THE FIRST SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST Statement of Agreement for the Use of Facilities as Mass Care Shelters American Red Cross - Recommendation is to authorize the Fire Chief to enter into an shelter services agreement with the American Red Cross permitting the City of West Covina to cooperate in mass shelter and disaster services. Miscellaneous — Personnel Services Approval of Classification and Job Description for Victim Advocate — Police Department Recommendation is to adopt the following resolution: Resolution 9700 - RESOLUTION NO. 9700 — A RESOLUTION OF THE CITY Victim Advocate COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS, A AMENDED; AND APPROVING THE NEW CLASSIFICATION AND JOB DESCRIPTION OF VICTIM ADVOCATE Approval of Classification and Job Description for Contract Coordinator — Public Services Department Recommendation is to adopt the following resolution: Resolution 9701 - RESOLUTION NO. 9701 — A RESOLUTION OF THE CITY Contract Coordinator COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS, AS AMENDED; AND APPROVING THE NEW CLASSIFI- CATION AND JOB DESCRIPTION OF CONTRACT COORDINATOR Miscellaneous — Police Department Funding Printing and Mailing Costs for the California Police Chiefs Newsletter Calif. Police Chiefs Assn. Recommendation is to approve the use of Police Department fund for the publication and mailing of the quarterly newsletter of the California Police Chiefs Association. Amending Municipal Code Section 15-5 Relating to the Consumption or Possession of Alcoholic Beverages Recommendation is to introduce the following ordinance: Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-5, SUBSECTIONS (b), (c) AND (d) Miscellaneous — Redevelopment Agency Auto Plaza Business Improvement District Recommendation is to adopt the following resolution and set June 15, 1999 for the public hearing to consider the budget and proposed assessment for the Business Improvement District Resolution 9702 - RESOLUTION NO. 9702 A RESOLUTION OF THE CITY 12 Council Minutes of 6/l/99 • Auto Plaza B.I.D. COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 1999/2000 AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 15, 1999 CONSENT CALENDAR ACTION Motion by Melendez and seconded by Herfert to waive further reading of the ordinances/resolutions and introduce/adopt, as applicable, and to approve all other items listed, except B-5b, B-9c, and B-9g. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None Item B-5b In response to a Council question, City Engineer Mayer clarified that the proposed establishment of red curb standards pertains to collector and arterial streets, not the residential streets. Item B-9g Councilmember Wong stated that the auto row freeway sign is no longer aesthetically sound and asked about its maintenance. Redevelopment Agency Director Chung responded that he would look into it. Motion by Herfert and seconded by Touhey to approve these two above items as recommended by staff. Motion carried 5-0. Item B-9c E.T. Snell, spoke favorably of the new position in the Police De- partment for a victim advocate. Motion by Touhey and seconded by Herfert to approve staffs recommendation for the new victim advocate position. Motion carried 5-0. APPROVAL OF DEMANDS Motion by Wong and seconded by Herfert to approve demands totaling $1,932,390.25 (of which $1,223,863.02'was made through wire transfers) as shown on check registers #185567 through #185887. Motion carried by roll call vote: AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSTAIN: Touhey re Community Food Bank ORAL COMMUNICATIONS Mike Miller Mike Miller, 735 E. Herring, noted that Written Communications has been removed from the Agenda and understood that his two letters were inserted into the Council mail packets. He stated his concern about cutting off communications with the residents. Mayor Howard responded that there is no policy or precedent for the handling of written communications. Coun- cilmember Wong agreed that there is no consistency with the way letters have been handled. Councilmember Herfert.requested that the City Council be informed of any changes to the Agenda before the changes are implemented. He requested a report back on various methods of handling written communications. E. T. Snell E. T. Snell, San Gabriel Valley activist, attempted to discuss a matter that he has attempted to address before. Mayor Howard stated that the matter is not under the jurisdiction of the City Council. 13