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10-27-1986 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL A REGULAR MEETING October 27, 1986 The regular meeting of the West Covina City Council was called to order at 7:30 pm by Mayor Shearer in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by Councilmember Manners and the invocation was given by Father Ray Smith of St. Martha's Episcopal Church. ROLL CALL Mayor Shearer, Mayor Pro Tem Chappell, Councilmembers Manners and Tennant Absent: Councilmember Bacon (out of town) Others Present: Fast, Lennard, Thomas, Meacham, Wylie, Penfield, Miller, Eliot,. Curtis, Yoshizaki, Berry APPROVAL OF MINUTES Motion by Chappell, seconded by Planners, and unanimously carried to approve the Minutes for the regular meeting of October 13, 1986, as corrected. PRESENTATIONS Mayor Shearer presented a CERTIFICATE OF RECOGNITION to Mike Fuerst, who accepted on behalf of his wife,.- the North-West College founder/director of North-West College of Medical and Dental Assistants. The certificate acknowledged the school's 20th anniversary. AGENDA COMMUNICATIONS Kathy Howard, 1428 Merced, addressed Agenda Item D-1 regarding the Merced Avenue sidewalk project. She spoke in opposition to the proposed sidewalk and represented Kathy Howard six other property owners. She felt the sidewalk would not increase handicapped accessibility in the area or effect the safety of school children. The Mayor thanked her for her comments and noted they would be addressed when the item came up on the Agenda. Jean Arneson Jean Arneson, 1116'Donna Beth, felt the Minutes of October 13, 1986, did not accurately reflect Council- member's Bacon comments regarding Nancy Ad'in. CONSENT CALENDAR Written Communications Request received from Church of World Service for a parade permit to conduct ,a "Crop Walk for Hunger." (staff recommends approval, subject to standard conditions) ' Commission Summary of Actions (receive & file) Planning Commission - 10/15/86 Transition/Waste Management Commission - 10/16/86 • f • U CITY COUNCIL MINUTES October 27, 1986 Page Two ABC Applications (Police Chief reports no legal basis for protest) Stater Bros. Market Jack 0: Mazmanian Blanca C. Gomez Richard E. Young dba Stater Bros. Market 355 North Azusa Avenue dba Jr. Mini -Mart 2530 E. Workman Avenue dba Kobe Fried Chicken Acceptance of Improvements and/or Release of Bonds UUP 252 - Location: Southwest corner of Sunset and West Covina Prky. G..C.i Construction Staff recommends accepting the lighting improvements and releasing Cash Deposit in the dmount of $6,200. Miscellaneou's Public Works Parcel Map 12546 - Council reviewed staff's report. Recommendation is to Glen -Vine Square adopt the following: RESOLUTION NO. 7249 - A RESOLUTION OF THE CITY.COUNCIL OF THE'CITY OF WEST COVINA, CA.LIFORNIA, VACATING AND ABANDONING A PORTION OF A SEWER EASEMENT WHICH HAS BEEN SUPERSEDED BY RELOCATION (East side of Glendora Avenue at Vine Avenue) Traffic Committee Minutes (accept & file) Minutes of the meeting held October 21, 1986. City Treasurer'.s Report (receive & file) Report for the month of September, 1986. Award of Bids 1) WP 87107 - Reservoir No. 2 Landscape Improvements WP 87107 - Recommendation is to hold over the award of a contract Award held over to the November 10, 1986 Council meeting. 2) MP 87105 - Fairgrove Avenue Subdrain System MP 87105 - Recommendation is to authorize the City Engineer to Fairgrove Avenue subdrain negotiate a contract with an appropriate contractor, subject to subsequent City Council approval. Construction Activity Report (receive & file) Report for the quarter ending September, 1986. CONSENT CALENDAR MOTION Motion by Chappell, seconded by Manners to waive further reading of the resolution and adopt, and to approve all other items on the Consent Calendar. Motion carried by roll call vote: AYES: Tennant, Manners, Chappell, Shearer NOES: None ABSENT: Bacon - 2 - • • CITY COUNCIL MINUTES October 27, 1986 Page Three PUBLIC WORKS DIVISION 1) ORDINANCE INTRODUCTION - AMENDMENT TO MUNICIPAL CODE, CHAPTER 23, ARTICLE IV, UNDERGROUND SERVICE LINES Council reviewed Engineer's Report. City Manager Fast presented further information regarding the proposed ordinance language. Ordinance introduced - undergrounding service lines HEARINGS 1) Amendment No. 205 - Auto dealership promotional events limitations Ordinance introduced - auto dealership promotional events City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, A14ENDING ARTICLE IV OF CHAPTER 23 OF THE WEST COVINA MUNICIPAL CODE RELATING TO UNDERGROUND SERVICE LINES Motion by Chappell, seconded by Tennant, and unanimously carried to waive further reading of the ordinance. Motion by Tennant, seconded by Shearer, and unanimously carried to introduce the ordinance. AMENDMENT NO. 205 PROMOTIONAL EVENTS FOR AUTOMOBILE DEALERSHIPS Assistant City Clerk Berry verified the affidavit of publication. Mayor Shearer opened the hearing and Planning Director Curtis presented the staff report. Mayor.Shearer opened the public portion of the hearing and requested comments in favor of the pro- posed amendment. The following individuals addressed Council: Katherine Castucci, 430 Pima Avenue Ziad Alhassen, W.C. Mitsubishi, noted his pref- erence for weekend limits, rather than proposed 30 days. . Lollie Bergman, 426 Leaf Street, suggested the dealerships go all-out the first year and then keep promotional events low kev. Fred.,Burkhardt, Executive. Director ofthe..West Covina Chamber of.Commerce. _'..Mayor Shearer --asked for.comments in opposition to the.amendment.and hearing none, closed the public portion of the hearing. Council discussion favored the staff recommenda- tions and the City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XI, BY ADDING SECTION 26-609.5 AS IT RELATES TO AUTOMOBILE DEALER- SHIP PROMOTIONAL EVENTS IN THE REGIONAL -COMMERCIAL (R-C), SERVICE=COMMERCIAL (S-C), MEDIUM -COMMERCIAL (C-2).,AND HEAVY -COMMERCIAL (C-3) ZONES (Amendment No. 205) Motion by Manners, seconded by Tennant, and unanimously carried to waive further reading of -the ordinance. Motion by Manners, seconded by Tennant, and unanimously carried to introduce the ordinance. 0 - 3 - CITY COUNCIL MINUTES October 27, 1986 Page Four HEARING 2) APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR VARIANCE N0..881 (Scott Sternberg/Barranca Villa • Investors) Assistant City Clerk Berry verified the affidavit Appeal re conditions of of publication. Mayor Shearer opened the hearing and Variance No. 881 Planning Director Curtis and City Engineer Thomas presented the staff report. In Favor:, Mayor Shearer asked for comments in favor of -the Scott Sternberg appeal and the following individuals addressed Council Chuck Becker Scott Sternberg, the appellant Chuck Becker, 3043 Joy Street Recess Mayor Shearer called a recess at 8:52 pm to allow the appellant to talk with the City Engineer for a clarification of the conditions. Council reconvened at 9:05 pm. In Opposition: Mayor Shearer asked for comments in opposition to the appeal and hearing none, closed the public none Public Testimony Closed portion of the hearing. Lengthy council discussion commenced regarding the conditions imposed on the variance, particularly .in reference to parking slots, green belt, sidewalk, .curbs and gutters. Motion by Chappell, seconded by Manners, and unanimously carried to require curbs and gutters, delete the imposition of sidewalks„ City Attorney presented: Resolution 7250 - RESOLUTION NO. 7250 - A RESOLUTION OF THE CITY Variance No. 881 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING VARIANCE N0. 881, SUBJECT TG ALL CONDITIONS ENUMERATED IN PLANNING COMMISSION RESOLUTION NO. 10-86-3484 EXCEPT CONDITIONS NOS. 3A AND 3B, AS AMENDED Motion by Chappell, seconded by Manners, and unanimously carried to waive further reading of the resolution and to adopt. PUBLIC WORKS DIVISION (CONT) 2) SP 87165 = MERCED AVENUE SIDEWALK Council reviewed staff's report. Mayor Shearer reminded Council of Kathy Howard's comments made SP 87165 - earlier. Council questioned staff as to its ability Merced Avenue sidewalk to accommodate the property owners' concerns. City Engineer answered questions about -driveway aprons, .sidewalks:;.;.: abutting catch basins, retaining wall to match current wall as much as possible, replacing sprinkler heads and pipes if need be, and constructing a handicap ramp on the Howards'-.property. It was also noted that sketches could be provided to the property owners for their edification. Motion by Manners, seconded by Shearer to approve the installation ofsidewalkon Merced.Avenue as part of Project SP 87165, with such additional mitigation • measures as can reasonably installed (including restoration of sprinklers and access ramp). - 4 - E 0 CITY COUNCIL MI NUTES 3) SP 87165 - Barrier removal White Construction Company Policy regarding restoring irrigation systems if need be October 27, 1986 Page Five The following tied vote resulted in no action by Council: AYES: Manners, Shearer NOES: Tennant, Chappell SP 87165 - BARRIER REMOVAL (SIDEWALK) Council reviewed staffs- report. Motion by Chappell, seconded by Tennant, and unanimously carried. to a) transfer $85,000 from SP 87144 (CDBG Account 131-320-3756-7200) to SP 87165 (Account 131-320-3790-7200), and b) accept the bid of White Construction of West Covina in the amount of $146,038.0-0 and authorize the Mayor and City Clerk to execute the appropriate agreement., The project excludes sidewalk on Merced between Lark Ellen and Butterfield. . Motion by Shearer, seconded by Manners, and unanimously carried to implement City policy that whenever improvements disrupt irrigation systems on private property, it be restored to a functional condition. „ 4) STREET VACATION - GLENDORA AVENUE Council reviewed staff's report. City Attorney presented,: Resolution 7251 - RESOLUTION NO. 7251 - A RESOLUTION OF THE CITY Glendora Avenue street COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, vacation VACATING AND ABANDONING A PORTION OF A STREET WHICH HAS BEEN SUPERSEDED BY REALIGNMENT (Glendora Avenue, east side, between Dalewood and Walnut Creek Parkway) Motion by Chappell, seconded by Manners, and unanimously carried to waive further reading of the resolution and to adopt. 5) WP 87137 - AGREEMENT WITH UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT FOR ENLARGEMENT OF WATER SERVICE CONNECTION Council reviewed staff's report. WP 87137 - Motion by Chappell, seconded by Tennant, and Agreement with Upper San unanimously carried to authorize the Mayor and City Gabriel Valley Water Dist. Clerk to exeucte an agreement between the Upper San Gabriel Valley Municipal Water District for the enlargement of the City's water service connection. 6) TS 87155 - APPROVE PLANS & SPECIFICATIONS - MINOR SIGNAL MODIFICATION Council reviewed staff's report. TS 87155 - Motion by Chappell, seconded by Tennant, and .Plans & specs approved unanimously carried to approve plans and specifica- tions for City Project TS 87155 and authorize the City Engineer to call for bids. - 5 - CITY COUNCIL MINUTES October 27, 1986 Page Six 7) REQUEST FOR SOLE SOURCE PURCHASE FOR TRAFFIC CONTROLLERS .'CABINETS AND CABINET MODIFICATIONS • Council reviewed staff's report. Traffic controllers, etc. Motion by Manners, seconded by Chappell, and from Multisonics unanimously carried to approve waiver of competitive bidding procedures and authorize the purchase of traffic controllers, cabinets and cabinet modifica- tion from Multisonics in the .amount of $65,648.73, including tax. 8) CONSULTING SERVICES FOR THEME SHUTTLE VEHICLE DESIGN Council reviewed staff's report. Consulting Services re Motion by Manners, seconded by Chappell to Theme Shuttle design: accept the proposal of S R Associates and authorize S R ASSOCIATES staff to issue a Purchase Order to S R Associates in an amount not to exceed $6,500 for their consulting services. Councilmember Tennant stated his dis- appointment in the decision to have busses rather than trolleys and would not be voting in favor of this item. The motion carried by the following vote: AYES: Manners, Chappell, Shearer NOES: Tennant ABSENT: Bacon COMMUNITY SERVICES DIVISION OFFICE OF COMMUNITY SERVICES 1) 'PROPOSITION NO. 61 Proposition 61 Council reviewed staff's report. Council held off.:: discussing this item' -.to consider -it with Item J-3, Proposition No. 61, the Gann Initiative. BUILDING AND SAFETY DEPARTMENT 1) ORANGEWOOD PARK RESTROOM DEMOLITION Council reviewed staff's report. Orangewood Park Motion by Chappell, seconded by Manners, and restroom demolition unanimously carried to deny the request of the Colt - Pony -Mustang League for the use of the existing rest - room build.ing...for.storage.and that staff be authorized to proceed with the demolition as required under our existing contract. RECREATION SERVICES 1) HOLIDAY CONCERT Council reviewed staff's report. Councilmember Tennant objected to the expense of Holiday concert $10,000 to conduct a holiday concert in -the courtyard area. Further elaboration was given by _staff on the lb actual costs of the summer concerts. Motion by Manners, seconded by Chappell to a) approve the holiday concert as proposed, b) appropriate $10,000 from General Fund to Account No. 2630-6166, and c) approve the use of Matt Nelson for the audio and lighting, subject to standard City conditions. Motion carried by roll call vote: AYES: Manners, Chappell, Shearer. NOES: Tennant ABSENT: Bacon CITY COUNCIL MINUTES October 27, 1986 Page Seven OPERATIONAL SERVICES DIVISION No items scheduled for this meeting. PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) OCJP GRANT FUNDING APPROPRIATION Council reviewed staff's report. Motion by Chappell, seconded by Manners, and • OCJP Grant Funding unanimously carried to authorize the appropriation of $65,227 from the General Fund contingency to the Police Personnel Services Account to maintain two officers assigned to the Special Enforcement Team. CITY ATTORNEY No items scheduled for this meeting. REDEVELOPMENT AGENCY MEETING Mayor Shearer recessed the City Council meeting at 10:04 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 10:13 pm. CITY MANAGER 1) BUSINESS'LICENSE FEES City Council reviewed staff's report. City Attorney presented: Resolution 7252 - RESOLUTION NO. 7252 - A RESOLUTION OF THE CITY re business license tax COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUSPENDING ANY INCREASE IN THE AMOUNT OF CHARGES RELATING TO BUSINESS LICENSE TAX, EQUAL TO THE INCREASE OF THE BASE INDEX IN THE THEN LATEST AVAIL- ABLE CONSUMER PRICE INDEX FOR THE FISCAL YEAR 86/87 RESOLUTION NO. 7253 - A RESOLUTION OF THE CITY • Resolution 7253 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, re office & commercial SUSPENDING A PORTION OF THE CATEGORY A -II, AND ALL rental tax OF THE CATEGORY A -III BUSINESS LICENSE TAXES IMPOSED ON OFFICE AND COMMERCIAL RENTALS Motion by Chappell, seconded by Tennant, and unanimously carried to waive further reading of the resolutions and to adopt. 2) ADOPTION OF REQUIRED LIMITATIONS TO THE CENTRAL BUSINESS'DISTRICT AND EASTLAND REDEVELOPMENT PLANS Council reviewed staff's report. City Attorney presented: Ordinance introduced - AN ORDINANCE_OF.THE CITY COUNCIL OF THE CITY OF re Central Business WEST COVINA ESTABLISHING. CERTAIN LIMITATIONS FOR THE Redevelopment Project REDEVELOPMENT PLAN FOR THE WEST COVINA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Ordinance introduced - WEST COVINA ESTABLISHING CERTAIN LIMITATIONS FOR THE ' Eastland Redevelopment REDEVELOPMENT PLAN FOR THE EASTLAND REDEVELOPMENT Pttoject PROJECT, AS REQUIRED BY CALIFORNIA-HEALTH AND SAFETY CODE SECTION 33333.4 Motion by Chappell; seconded by Manners, and unanimously carried to waive further reading of the • ordinances. Motion by Chappell, seconded by Manners, and unanimously carried to introduce both ordiances. -7-. CITY COUNCIL MINUTES October 27, 1986 Page Eight 3) PROPOSITION 61 (THE GANN INITIATIVE) • Council reviewed staff's report. City Attorney presented: Resolution 7254 - RESOLUTION•NO. 7254 - A RESOLUTION OF THE CITY opposing Proposition 61 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 61 (THE GANN INITIATIVE) ON THE NOVEMBER 4, 1986, STATEWIDE BALLOT Motion by Chappell, seconded by Tennant, and unanimously carried to waive further reading of the resolution and to adopt. 4) PROPOSITION 61: OPERATIONAL POLICIES AND DEFINITIONS Council reviewed staff's report. Motion by Manners, seconded by Chappell to adopt operational policies and definitions as specified in Proposition 61: Operational the staff report relative to 1) salary limitations, policies and definitions including overtime, 2) the effective date of the initiative as November 5, 1986, 3) vacation and sick leave accrual, and 4) contracting issues. The motion carried by the following vote: AYES: Manners, Chappell, Shearer NOES: Tennant ABSENT: Bacon City Attorney presented: Resolution 7255 - RESOLUTION NO. 7255 - A RESOLUTION OF THE CITY salary anniversary dates COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING re Proposition 61 FORTH INTENT TO SET SALARY ANNIVERSARY DATES FOR CER- TAIN EMPLOYEES AS OF NOVEMBER 5, 1986 Motion by Manners, seconded by Chappell to -..waive further reading of the resolution and to adopt. Motion carried by the following vote: . AYES: Manners, Chappell, Shearer NOES: Tennant ABSENT: Bacon 5) City Manager Fast reminded Council of the upcoming Joint meeting with` joint dinner meeting with the Personnel Commission Personnel Commission scheduled for November 3, 1986. Hearing re Freeway 6) City Manager Fast reminded Council of the upcoming Feasibility Study Freeway Feasibility Study hearing scheduled for November 17, 1986. Senior Citizens Center 7) City Manager Fast announced a pool game between Milton activity Berle and Willie Moscone has been scheduled for taping at the Senior Citizens.. Center, Wednesday evening, October 28, 1986. APPROVAL_ OF DEMANDS Motion by Chappell, seconded by Manners to approve Demands totaling $1,774,457.26 as listed on Check Registers FI 83389 through 83895. Motion carried by roll call vote: AYES: Tennant, Manners, Chappell, Shearer NOES: None ABSENT: Bacon - 8 - CITY COUNCIL MINUTES October 27, 1986 Page :Nine ORAL COMMUNICATIONS Louis Gilbert, 428 Fernwood Street, urged Council to act in a. responsible manner and not make the same mistakes • Louis Gilbert as past Councils in permitting dumping at the BKK Landfill. The BKK Landfill has sought approval_ in opening a Class III dumping area. Jean Arneson Jean Arneson, 1116 Donna Beth, asked Council to respond to her comments made-ear.lier regarding changing Counci.lmember Bacon's statements about Nancy .Adin.in the minutes. • Staff was directed to have:the tape reviewed.and=the miriutes':reflect`ahe . c6mmeiits made".by':Councilmember Bacon. MAYOR'S REPORTS Mayor Shearer proclaimed the following: WE TIP MONTH - November, 1986 CHILDREN'S EXPO WEEKEND - 11/14 - 11/16 MAYOR'S D-DAY IN THE WAR ON DRUGS - 11/18/86 Mayor Shearer suggested a permaplaque resolution of commenda- Resolutions of tion be prepared for Stanley Oswald and Dr. Donald Todd Commendations for upcoming retirement celebrations. Citizens Committee on Public Services and Facilities Mayor Shearer read the names of the individuals submitted by each councilmember nominated for appointment to the committee: Edna Owen Donald Best Appointments to the Verna Miller Tom Lorincz Citizens Committee on Katherine Castucci Christian Justi Public Services & Facilities Jose Gutierrez Elmer Peters Oliver Rig'gins Gary Code Kathy Jones Father Rav Smith Bernie Bregman Stuart York . Audrey Lynberg Pete Kochis Robert Roudebush Ben Wong Jo Hughes Richard Jennings Tony Haisman - Steve Millar :¢ Joan Wilson s1 Phyllis Wittenberg Glen Buckingham Two individuals were removed from the list for separate discussion: Phyllis Wittenberg (moving into County. -area) and Kathy Jones (spear -heading School District's attempt to claim a.portion of:the.Cty'-s redevelopment funds). Motion by Chappell, seconded by Tennant, and unanimously carried to approve the remainder .of the list. Discussion regarding Phyllis Wittenberg suggested that inasmuch as she was moving into an unincorporated area of Covina, her knowledge of and:dedi:cation to West Covina would make her a valuable participant on the committee. Motion by Shearer, seconded by Manners, and unanimously carried to appoint Phyllis Wittenberg.- . lb Discussion regarding Kathy Jones suggested that she was merely acting on behalf of and through the direction of the West Covina Unified School District. Motion by Shearer, seconded by Manners, and unanimously carried to appoint Kathy Jones. Mayor Shearer suggested Oliver Riggins be appointed as • the temporary chairman to serve at the pleasure of the committee. Council -concurred with the suggestion. Staff was directed to prepare letters to each of the newly appointed committee members. CITY COUNCIL MINUTES October 27, 1986 Page Ten COUNCILMEMBERS` REPORTS Mayor Pro Tem Chappell reminded Council.of the resolutions proposed for'the League of California Cities State Conference. ADJOURNMENT Motion by Chappell, seconded by Tennant, and unanimously • �� carried to adjourn the meeting at 11:14 pm until 6:00 pm on November 3, 1986, a euben'-s Restuarant. Ma or Ches er E. Shearer ATTEST: C1 y Clerk He-1ene Moo ey. - 10 -