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11-09-1987 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL November 9, 1987 • The regular meeting of the West Covina City Council was called to order at 7:30 pm by Mayor Chappell in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by Mayor Chappell and the invocation was given by Reverand Robert Beckstrom of Trinity Lutheran. ROLL CALL Mayor Chappell, Mayor Pro Tem Manners, Councilmembers Bacon, Shearer, Tennant Others Present: Mooney, Fast, Allan, Thomas, Miller, Eliot, Londo, Fry, Wylie, McClelland, Winters, Salazar, Koniarsky, Keating, Meacham, Haley, Collier, Jung, Yoshizaki, Fowler, Berry APPROVAL OF MINUTES PRESENTATIONS Bill of Rights Week Gerald Schneider Philip Punchard AGENDA COMMUNICATIONS CONSENT CALENDAR Motion by Bacon, seconded by Shearer, and unanimously carried to aprpove the minutes of the regular meeting of October 26, 1987. Mayor Chappell proclaimed the week of December 13 through the 19, 1987, as BILL OF RIGHTS WEEK. The proclamation was presented to Frank Baker of Coast Savings & Loan. Mayor Chappell presented a Resolution of Commendation to retiring Corporal Gerald Schneider for thirty years of dedicated service on the police force. Mayor Chappell presented a Resolution of Commendation to retiring Corporal Philip Punchard for thirty years of dedicated service on the police force. Plaques were presented to both outgoing corporals.by Police Chief Craig Meacham., No items discussed by the members of the audience. Written Communications No letters received for this meeting. Commission Summary of Actions (receive and file) Planning Commission - 11/4/87 Human Resources Commission - 10/22/87 Recreation & Parks Commission - 10/27/87 ABC Applications (Police Chief reports no legal basis for protest) JuiChia Lin, dba CONNIE'S SANDWICH CORNER • Koutarng Lin 1730 E. Cameron Avenue Mt. Restaurants Inc. dba SAFARI COVINA 2917 Eastland Center Dr. Circle K Convenience dba CIRCLE K CONVENIENCE Stores Inc. 2540 West Amar Road - 1 - • • • CITY COUNCIL MINUTES November 9, 1987 Page Two Claims for Action (deny and notify claimant) On August 4, 1987, a claim for property damage and per- sonal injury was received from Mercury Casualty Company. The amount of the claim had not been determined at time of presentation. On October 9, 1987, a claim for personal injuries amounting to $4,000,000 was received from James Richard Medina, Bruno V. Sandoval, Dylan Kristopher Sandoval, and James Eric Medina. On October 13, 1987, a'claim for damages amounting to $150 was received from Dallas Robert Borden. On October 15, 1987, a claim for personal injuries was received from Rick P. Maloof. The amount of the claim had not been determined at time of presentation. On October 22, 1987, a claim for personal injuries amounting to $1,000,000 was received from Lee Ann Olenkamp. Temporary Use Permits (receive and file) TUP No. 1750-87 was issued to Mike Steele Trees, 744 S: Glendora, for Christmas tree sales from 12/4 - 12/25. TUP No. 1751-87 was issued to Choice Trees, 163 S. California, for Christmas tree sales from 12/2 - 12/22. TUP No. 1752-87 was issued to West Covina Mitsubishi, 1850 E. Garvey, for balloons on October 24, 1987. TUP No. 1753-87 was issued to Tahoe Christmas Trees, 2141 S. Azusa and 909 N. Azusa for Christmas tree sales from 12/4 - 12/24. TUP No. 1754-87 was issued to Inland Christmas Trees, 530 N. Azusa for Christmas tree sales from 12/3 - 12/24. TUP No. 1755-87 was issued to Eastland Christmas Trees, 143 N. Barranca, for Christmas tree sales from 12/1 12/23. Acceptance of Improvements and/or Release of Bonds Tract 40799 - Location: Southwest corner Francisquito & Azusa Aves. La Solana Corporation Staff recommends accepting public works improvements and acknowledging completion of grading, and releasing Faithful Performance Bonds No. 810625 for $54,800; No. 8106-31-98 for $30,000; and No. 8106-31-99 for $10,000. Miscellaneous Public Works: SP 88111 - Supplement No. 22 Local Agency -State Agreement Recommendation is to adopt: Resolution 8116 - RESOLUTION NO. 8116 - A RESOLUTION OF THE CITY Local Agency -State Agree- COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ment re SP 88111 APPROVING SUPPLEMENT NO. 22 LOCAL AGENCY -STATE AGREE- MENT N0. 07-5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENT NO. 22 - 2 - • C1 • CITY COUNCIL MINUTES November 9, 1987 Page Three Award of Bid: Removal of Undesirable Street Trees,- CTS-87R-1 - Re -award of Contract CTS-87R-1 - Recommendation is to accept the bid of West Coast West Covina Arborists Arborists of Buena Park for the amount of $2,750 and authorize the Mayor and City Clerk to execute the appropriate contract. Miscellaneous: Ratification of Fireworks DiSDla Recommendation is to ratify the request for a fireworks display at':West'_Covina High School on November 6, 1987. 9-1-1 Recommendation is to receive and file the informational report. Item -Removed from Consent Mayor Chappell removed the last item for separate Calendar consideration (9-1-1 report). CONSENT CALENDAR MOTION Motion by Manners, seconded by Chappell to waive further reading of the resolution..and adopt, and to approve all other items, except Item B-9b. Motion carried by roll call vote: AYES: Tennant, Shearer, Bacon, Manners, Chappell NOES: None 9-1-1 Communications Director Keating presented the.staff report, noting that 80% of California, including the City of West Covina, has the enhanced 9-1-1- system. Motion by Shearer, seconded by Bacon, and unanimously carried to receive and file the report. PUBLIC WORKS DIVISION No items scheduled for this meeting. COMMUNITY SERVICES DIVISION HUMAN SERVICES DEPARTMENT 1) THEME SHUTTLE - AWARD OF CONTRACT Human Services Director Salazar presented the staff Theme Shuttle - report. Motion by Bacon, seconded by Manners, and Community Transit Services unanimously carried to 'a) authorize the Mayor to execute a three-year agreement with Community Transit Services for the operation of the West Covina Theme Shuttle, and b) authorize the Human Services Driector to submit project description documentation to the Los Angeles County Transpor- tation Commission for its approval. HEARING LANDSCAPE MAINTENANCE OF SINGLE-FAMILY RESIDENTIAL PROPERTIES - AMENDMENT NO. 215 Mayor Chappell explained the code amendment is designed Landscape Maintenance - to alleviate the concerns of the City Attorney and Dis- Amendment No. 215 trict Attorney regarding legal complications involved with the Planning Commission review of property main- tenance infractions prior to referral of the case to the. -District Attorney. - 3 - CITY COUNCIL MINUTES November 9, 1987 Page Four City Clerk Mooney verified..the affidavit of publication. Mayor Chappell opened the hearing and Planning Director • Haley presented the staff report. Public -Testimony Mayor Chappell opened the public testimony portion of None the hearing as asked for comments favoring the amendment. No one addressed Council. He then asked for comments Public Testimon closed opposing the amendment. Again no one addressed Council - - - - - - - -y- - - - and he closed the public portion of the hearing. Councilmember Bacon commenced the council discussion by supporting the amendment.and asked for the reading of the heading. City Attorney presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF (Amendment No. 215) WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE VIII, DIVISION 2, AS IT RELATES TO LANDSCAPE MAINTENANCE OF SINGLE- FAMILY RESIDENTIAL PROPERTIES (Amendment No. 215) Motion by Bacon, seconded by Manners, and unani- mously carried to waive further reading of the ordinance. Motion by Chappell,. seconded by Shearer, and unanimously carried to introduce the ordinance. HEARING AMENDMENT NO. 212 - RECYCLING CENTER ORDINANCE Mayor Chappell explained the city -initiated amendment to Amendment No. 212 - the Municipal Code relates to recycling redemption and • Recycling Center processing centers. City Clerk Mooney verified the affidavit of publication. Mayor Chappell opened the hearing and Planning Director Haley presented the staff report. Public -Testimony Mayor Chappell opened the public testimony portion of the None hearing and asked for comments favoring the amendment. No one addressed the Council. He then asked for com- Public Testimony closed ments opposing .the amendment and again no one addressed - - - - - - - - - - - - Council. Mayor Chappell closed the public portion of the hearing. Councilmember Shearer commenced council discussion by suggesting the ordinance be amended to include a "price per can" posting requirement. Council concurred and asked for the reading of the heading. City Attorney presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Amendment No. 212 WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XI, BY AMENDING SECTION 26-597, AND ARTICLE XII, BY ADDING DIVISION 14, AS THEY RELATE TO RECYCLING REDEMPTION AND PRO- CESSING CENTERS (Amendment No. 212) Motion by Shearer, seconded by Bacon, and unani- mously carried to waive further -:reading of the ordinance. • Motion by Shearer, seconded by Bacon, and unanimously carried to introduce the ordinance, as amended to include the posting requirement. - 4 - • L� • CITY COUNCIL MINUTES November 9, 1987 Page Five HEARING APPEAL OF PLANNING COMMISSION DECISION TO DENY ZONE CHANGE NO. 604, PRECISE PLAN NO. 783, REVISION 1, AND VARIANCE NO. 887 (Jack Mazmanian) Mayor Chappell explained the appellant is seeking a reversal of Planning'Commission decision to deny the Appeal.of Zone Change 604, zone„change, precise plan and variance. Appeals of Precise Plan No. 783, Rev. 1, Planning Commission decisions are forwarded to the Variance 887 City Council. City Clerk Mooney verified the affidavit of publication and mailing. Mayor Chappell opened the hearing and Planning Director Haley presented the staff report. Public Testimony In Favor: George Kasem Margaret Courtney Harry Mooradian Richard Menki Recess Mayor Chappell opened the public testimony portion of the hearing and asked for comments favoring the appeal. The following individuals addressed Council: George Kasem, attorney for appellant Margaret Courtney, project architect Harry Mooradian, half -owner of property in question Richard Menke, 610 N. Leaf Mayor Chappell called a short recess at 9:14 pm. Council reconvened at 9:20 pm with all members present. Mayor Chappell asked for comments opposing the appeal In Opposition: and the following individuals addressed Council: Norman Watkins Norman Watkins, attorney representing Crestview Tony Kirkoff Cadillac Katherine Castucci Tony Kirkoff, attorney representing Country Club Edna Owen Center Katherine Castucci, 430 Pima Avenue Edna Owen, 3292 E. Holt There being no further comments in opposing to the appeal, In Rebuttal: Mayor Chappell offered an opportunity for rebuttal and George Kasem the following individual addressed Council: George Kasem, appellant's attorney Public —Testimony —closed Upon the concluding statements, Mayor Chappell closed the public testimony portion of the hearing and commenced Council discussion. He noted that due to a conflict of interest he would not be able to participate in the dis- cussion or the vote in this matter. Council discussion Councilmember Bacon supported the zone change but suggested the precise plan be referred back to the Planning Commission to reduce size of building and more landscaping. Mayor Pro Tem Manners favored the zone change and also felt the building was too massive. She was not opposed to sending it back to the Planning Commission. Councilmember Shearer supported the project as presented, and was opposed to sending it back to the Planning Commission. Councilmember Tennant supported the Planning Commission recommendation and would rather see the opposition purchase the site for open space. At -this point, Norman Watkins spoke in behalf of his client stating that they would be interested in pursuing a discussion with the property owners along that line. Matter held over until Motion by Shearer, seconded by Tennant 11/23/87 _ -?.to hold over the matter until November 23, 1987. Motion carried with Chappell abstaining. - 5 - U CITY COUNCIL MINUTES OPERATIONAL SERVICES DIVISION November 9, 1987 Page Six FINANCE DEPARTMENT 1) AMENDMENT TO TRANSIENT OCCUPANCY TAX ORDINANCE Council reviewed staff's report. City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF transient.occupancy tax WEST COVINA, CALIFORNIA, AMENDING CHAPTER 21, ARTICLE II, OF THE WEST COVINA MUNICIPAL CODE RE- LATING TO TRANSIENT OCCUPANCY TAXES Motion by Bacon, seconded by Manners, and unani- mously carried to waive further reading of the ordinance. Motion by Bacon, seconded by Shearer, and unanimously carried to introduce the ordinance. 2) AMENDMENT TO PURCHASING ORDINANCE Council reviewed staff's report, and recommended alternate limits: No bids required for requests under $500. Informal bids required for requests from $500 to $5,000. Informal written bids required for requests from $5,000 to $10,000. Formal bids required for requests greater than $10,000. City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY new purchasing limitations OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-333 AND 2-334 OF THE WEST COVINA MUNICIPAL CODE RE- GARDING PURCHASING PROCEDURES Motion by Bacon, seconded by Shearer, and unanimously carried to waive further reading of the ordinance._ Motion by Bacon, seconded by Shearer, and unanimously carried to introduce the ordinance, as amended by the above stated limitations. PUBLIC SAFETY DIVISION No items scheduled'for this meeting. REDEVELOPMENT AGENCY MEETING Mayor Chappell recessed the City Council meeting at 11:00 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 11:05 pm. CITY MANAGER 1) 1988 BUSINESS LICENSE FEES Council reviewed staff's report. City Attorney presented: Resolution 8117 - RESOLUTION NO. 8117 - A RESOLUTION OF THE CITY Business License Tax COUNCIL OF THE CITY -OF WEST COVINA, CALIFORNIA, SUS- PENDING ANY INCREASE IN THE AMOUNT OF CHARGES RELATING • .TO BUSINESS LICENSE TAX, EQUAL TO THE INCREASE OF THE BASE INDEX IN THE THEN LATEST AVAILABLE CONSUMER PRICE INDEX FOR THE FISCAL YEAR 1987/88 Resolution 8118 - RESOLUTION NO. 8118 - A RESOLUTION OF THE CITY re office & commercial COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUS - rentals PENDING A PORTION OF THE CATEGORY A -II AND ALL OF THE CATEGORY A -III BUSINESS LICENSE TAXES IMPOSED ON OFFICE AND COMMERCIAL RENTALS - - 6 - • is CITY COUNCIL MINUTES November 9, 1987 Page Seven Motion by Shearer, seconded by Bacon, and unanimousli carried to waive further reading of the resolutions and to adopt. 2) CONSENT TO JOINT PUBLIC HEARING - THE LAKES Council reviewed staff's report. City Attorney presented: Resolution 8119 - RESOLUTION NO. 8119 - A RESOLUTION OF THE CITY joint public hearing COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, re The Lakes AUTHORIZING AND CONSENTING TO A PUBLIC HEARING BEING HELD ON THE FIRST IMPLEMENTATION AGREEMENT TO A RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE WEST COVINA REDEVELOPMENT AGENCY AND WATT INVESTMENT PROPERTIEf INC., FOR REAL PROPERTY LOCATED WITHIN THE WEST COVINA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT; AUTHORIZING AND CONSENTING TO HOLDING SUCH A PUBLIC HEARING IN CONJUNCTION, CONCURRENT AND JOINTLY WITH THAT TO BE HELD BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA ON SUCH IMPLEMENTATION AGREEMENT (Watt Investment Properties, Inc.) Motion by Shearer, seconded by Chappell to waive further reading of the resolution and adopt. Motion carried with Tennant voting NO. 3) COUNTYWIDE AMBULANCE SERVICES Countywide ambulance Council reviewed staff's report. services Motion by Bacon,- seconded by Manners, and unani- mously carried to receive and file the informational report. APPROVAL OF DEMANDS Motion by Manners, seconded by Bacon to approve Demands totaling $1,697,723.55 as listed on Check Registers FI 092735 through 092987. Motion carried by roll call vote: AYES: Tennant, Shearer, Bacon, Manners, Chappell NOES: None ORAL COMMUNICATIONS No one from the audience addressed the Council. MAYOR'S REPORTS Mayor Chappell proclaimed the following: NATIONAL BIBLE WEEK (11122 - 11129) CALIFORNIA HOSPICE MONTH (November) COUNCILMEMBERS' REPORTS Councilmember Tennant recommended Lewis Gilbert for Older American recognition:_. Councilmember Shearer noted there were still political Political signs signs standing from the school board election and requested staff to report back on what the City could do.and send letters to the;candidates`:with.remaining signs. - 7 - CITY COUNCIL MINUTES November 9, 1987 Page Eight Manners Mayor Pro Tem Manners reported on the latest League of California Cities Transportation Committee meeting. • She requested staff to report back at the appropriate time about a possible one dollar charge at vehicle registration time.to cover upgrading and maintenance of the freeway emergency phones. Closed Session City Attorney suggested the City Council recess to closed session to discuss personnel matters, pursuant to Government Code Section 54930 et seq. Mayor Chappell called a recess at 11:21 pm to conduct a closed session and stated that no action was anticipated at the conclusion of the closed session. Council reconvened at 12:20 am. ADJOURNMENT Motion by Tennant, seconded by Chappell, and unanimously carried to adjourn the meeting at 12:20 am to November 16, 1987, at 6:00 pm for a joint meeting with the Personnel Commission . 11 ATTEST: Sec: e'tary Helene M. ooney • `� tan0 (�V q �1w'o'& "'sayoz ennetL `1. C RappeIl - 8 -