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02-08-1988 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL February 8, 1988 SThe regular meeting of the West Covina City Council was called to order at 7:30 pm 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 Councilmember Bacon. ROLL CALL Mayor Chappell, Mayor Pro Tem Manners, Councilmember Bacon Absent: Councilmembers Shearer (ill), Tennant Others Present: Mooney, Fast, Miller, Lennard, Thomas, Yoshizaki, Duggan, McClelland,. Keating, Koniarsky, Haley, Jung, Yoshino, Salazar, Wylie, Jaffe, Berry APPROVAL OF MINUTES Motion by Manners, seconded by Bacon, and unani m ously carried to approve the following minutes: Regular meeting of January 11, 1988 Regular meeting of January 25, 1988 PRESENTATIONS Mr. John Zienter, the Western Regional Director of the Federal Drug Enforcement Administration, with Police Chief John Zienter Meacham, presented a check for $1.9 million to the City of West Covina as the City's portion of a drug bust seizure in which the West Covina Police Department was instrumental in conducting. Mayor Chappell presented a NATIONAL BLACK HISTORY MONTH National Black History proclamation for the month of February., 1988, to Month Gertrude Hobby, Director of Public. Relations for Sigma Gamma Rho Sorority, Inc. Mayor Chappell presented a resolution of commendation West Covina Mitsubishi to Ziad Alhassen of West Covina Mitsubishi in recognition of that auto dealership being the number one in sales volum=e in the nation,among Mitsubishi dealers. AGENDA COMMUNICATIONS Katherine Castucci, 430 S. Pima, noted that Jean Arneson was not mentioned in the minutes of the January 21, 1988 Transition/Waste Management Commission as having made com- Katherine Castucci ments during that meeting. Also, she opined the disposal of sewer sludge at the BKK Landfill in regards to answers received by the Transition/Waste Management Commission from Ray Delacourt of the Water Quality Control Board. She felt that Council should not increase council compen- sation, given the Citizen's Committee's charge of finding ways to fund other city projects. Steve Herfert Steve Herfert, 1124 Donna Beth, also opposed.the 5% increas in council compensation and the incoming sludge to BKK. Gary Code Gary Code, 1019 S. Sunkist, echoed Mr. Herfert's thoughts. Louis Gilbert, 428 S. Fernwood, read a letter prepared by Louis Gilbert George Tracy of the Transition/Waste Management Commission regarding the slude issue at BKK. Elmer Peters Elmer Peters, 1011 Van Horn, -spoke in opposition to the salary raise for Council. - 1 - CITY COUNCIL MINUTES February 8, 1988 Page Two HEARING Mayor Chappell called to order the Redevelopment Agency at 8:00 pm'in order to convene the joint public hearing. • CONTINUED JOINT PUBLIC HEARING - DISPOSITION AND DEVELOP- MENT AGREEMENT WITH HASSEN IMPORTS, PARTNERSHIP (West Covina Mitsubishi) City Clerk Mooney reaffirmed the affidavit of publication and Mayor Chappell opened the hearing. Redevelopment Manager Yoshizaki presented the staff report. Public City Clerk Mooney stated no written communications had —Testimony been received in favor of the DDA and Mayor Chappell asked In Favor: for verbal comments in favor. The following person addressed Council: Ziad Alhassen Ziad Alhassen of Hassen Imports, Partnership City Clerk Mooney stated no written communications had been received in opposition to the DDA and Mayor Chappell In Opposition: asked for verbal opposition. The following person addressed Council: Jack Payton Jack Payton, 1702 Shamwood Mayor Chappell asked for rebuttal comments to the remarks In Rebuttal made under oral opposition and the following person spoke: Ziad Alhassen Ziad Alhassen of Hassen Imports, Partnership Clarification was offered by staff that the apartment site Public Testimony— closed will be used for auto display and will not be used as — - - - - - - - - - - a construction site. Mayor Chappell closed the public • testimony portion of the hearing and council requested the reading of the resolution headings. Council action City Attorney presented: RESOLUTION NO. 8151 - A RESOLUTION OF THE CITY COUNCIL Resolution 8151 - OF THE CITY OF WEST COVINA, CALIFORNIA, MAKING ENVIRON- making findings re the MENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION DDA AND DEVELOPMENT AGREEMENT, BETWEEN THE REDEVELOPMENT AGENCY AND HASSEN IMPORTS, PARTNERSHIP FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA RESOLUTION NO. 8152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE DIS- Resolution 8152 - POSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOP - approving DDA and sale MENT AGENCY OF THE CITY OF WEST COVINA, AND HASSEN IMPORTS, of real property PARTNERSHIP; MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE AGENCY PURSUANT TO SAID AGREEMENT; AND APPROVING THE PROPOSED SALE OF REAL PROPERTY Motion by Manners, seconded by Bacon, and unanimously .carried to waive further reading of the resolutions and to adopt. Redevelopment action General Counsel presented: REDEVELOP - RESOLUTION NO. 373 - A RESOLUTION OF THE REDEVELOP - Resolution 373 - MENT AGENCY OF THE CITY OF WEST COVINA MAKING ENVIRONMENTAL making findings re the FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOP DDA MENT AGREEMENT, BETWEEN THE REDEVELOPMENT AGENCY AND HASSEN IMPORTS, PARTNERSHIP FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA Resolution 374 - RESOLUTION NO..374 - A RESOLUTION,OF THE REDEVELOP - approving DDA & sale MENT AGENCY OF THE CITY OF WEST COVINA APPROVING THE of real property PROPOSED SALE OF REAL PROPERTY WITHIN THE CENTRAL BUSINESS - 2 - • • • CITY COUNCIL MINUTES February 8, 1988 Page Three DISTRICT REDEVELOPMENT PROJECT AREA; APPROVING THE PRO- POSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HASSEN IMPORTS, PARTNERSHIP PERTAINING THERETO; AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID AGREEMENT Motion by Bacon, seconded by Manners, and unanimously carried to waive further reading of the resolutions and adopt. Recess Redevelopment At 8:20.pm Mayor Chappell recessed the Redevelopment Agency Agency to continue with the Council Agenda., HEARING APPEAL OF PLANNING COMMISSION DECISION. REGARDING TENTATIVE PARCEL MAP NO. 19157 Appeal of Tentative Mayor Chappell explained the purpose of the appeal hearing Parcel Map No. 1915.7 was to consider the Planning Commission's denial of the tentative parcel map which would have created two lots from an existing 21,250 sq. foot parcel.at.244 N. Willow Avenue. City Clerk Mooney verified the affidavit of publication and mailing. Mayor Chappell opened the hearing and Plan- ning Director Haley presented the staff report. Public_ Testimony Mayor Chappell opened the -public testimony portion of the hearing and requested oral.comments favoring the appeal. In Favor: The following person addressed -the Council: Dean Pic'1 Dean Pic'l, 309 E. Rowland, applicant's attorney Mayor Chappell asked for oral comments opposing the appeal In Opposition: and the following persons addressed Council: Norm Jarvis Norm Jarvis, 249 N. Willow Betty Maggiore Betty Maggiore, 248 N. Willow David Alvarez David Alvarez, 233 N. Willow I.J. Lampl I.J. Lampl, 234 N. Willow Bert Romero Bert Romero, 238 N. Willow and.read a letter from Robert & Sharee Allen, 160 N. Willow Gregg Placek Gregg Placek, 258 N. Willow Kate Downing Kate Downing, 243 N. Willow Robert Benjamins Robert Benjamins, 264 N. Willow Curstine Rowe Curstine Rowe, 252 N. Willow Megar Hyland Megar Hyland, 230 N. Willow Mayor Chappell asked for rebuttal comments and the followin In Rebuttal: P person addressed Council: Dean c'1 Dean Pic'l, applicant's attorney Once the public testimony portion was over, Mayor Chappell commenced Council discussion. Comments supported the denial decision of the Planning Commission. City Attorney presented: Resolution 8153 - RESOLUTION NO. 8153 - A RESOLUTION OF THE CITY COUNCIL denying Tentative OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING PLANNING Parcel Map 19157 COMMISSION RESOLUTION NO. 1-88-3586, DENYING TENTATIVE PARCEL MAP NO. 19157 (J. Gibas) Motion by Manners, seconded by Bacon, and unanimously carried to waive further reading of the resolution and to adopt. Recess Mayor Chappell called a short recess at 9:00 pm and re- convened the Council meeting at 9:07. - 3 - CITY COUNCIL MINUTES February 8, 1988 Page Four HEARING PROPOSED AMENDMENT NO. 213 TO THE WEST COVINA MUNICIPAL COD Chappell explained the proposed amendment would • Amendment No. 213 - .Mayor regulate the use of exposed neon signs and. architectural Neon lighting lighting. City Clerk Mooney verified the affidavit of publication. Mayor Chappell opened the hearing and the staff report was presented by Planning Director Haley, using slides to depict examples of neon lighting. Public Mayor Chappell opened the public testimony portion of the —Testimony In Favor: hearing and asked for comments supporting the amendment. Fred Burkhardt The following person addressed Council: Fred Burkardt, Executive Director of the West In Opposition: Covina Chamber of Commerce None Mayor Chappell asked for comments opposing the amendment Public Testimony closed and no one addressed the Council. The public testimony portion of the hearing was closed. Council favored the amendment and asked for the reading of the ordinance heading. City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST exposed neon lighting COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL (Amendment No. 213) CODE BY AMENDING CHAPTER 26, ARTICLE II, ARTICLE VI (DIVISIONS 1 AND 2), ART'ICLE VII (DIVISIONS 1, 2, AND 3); ARTICLE X (DIVISION 3), AS THEY RELATE TO THE USE OF EXPOSED NEON FOR SIGNS AND ARCHITECTURAL LIGHTING AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL • IMPACT THEREFOR (Amendment No. 213) Motion by Bacon, seconded by Manners, and unanimously carried to waive further reading of the ordinance. Motion by Bacon, seconded by Manners, and unanimously carried to introduce the ordinance. HEARING MAJOR HOTEL/MAJOR MOTEL ALCOHOLIC BEVERAGES SERVICES - AMENDMENT NO. 214 Mayor Chappell explained the proposed amendment would provide for the establishment and operation of alcoholic beverage services at major hotels and major motels that Major Hotel/Motel do not have bona fide food service facilities. Alcoholic Beverage Service City Clerk Mooney verified the affidavit of publication. Mayor Chappell opened the hearing and the staff report was presented by Planning Director Haley. Mayor Chapell.opened the public testimony portion of the hearing and asked for comments favoring the amendment. The following individual addressed Council: Fred Burkhardt, Executive Director of the West Covina Chamber of Commerce Mayor Chappell asked for comments opposing the amendment and no one addressed the Council. The public testimony • portion of the hearing was closed and Council asked for the heading, of the ordinance. City Attorney presented: Ordinance introduced = AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST Amendment No. 214 COVINA, CALIFORNIA, AMENDING THE,WEST COVINA MUNICIPAL - 4 - CITY COUNCIL MINUTES February 8, 1988 Page Five CODE, CHAPTER 26, ARTICLE IX SECTION 26-297 AND ARTICLE XII AS THEY RELATE TO THE SALE OF ALCOHOLIC BEVERAGES IN • ESTABLISHMENTS NOT CLASSIFIED AS.A BONA FIDE EATING PLACE AS DEFINED IN THE BUSINESS AND PROFESSIONS CODE, SECTION 23038 (Amendment No. 214) Motion by Bacon, seconded by Manners, and unanimously carried to waive further reading of the ordinance. Motion by Bacon, seconded by Chappell, and unanimously carried to introduce. AGENDA COMMUNICATIONS (CONT) Jack Payton, 1702 Shamwood, spoke in opposition to Council Jack Payton compensation in the first place, let alone a raise. Council responded to the comments opposing an increase Council response- in the council compensation, noting that the incoming City Council in April cannot vote themselves a raise - it must be done by .a previous council. Also, the 5% amounts foc$30-;a month: --more per'councilmember...Councilmember Bacon outlined the number of meetings and time commitments involved with being on the City Council, outside of regular council meeting activities. CONSENT CALENDAR Written Communications None received. Commission Summary of Actions (receive and file) Planning Commission - February 3, 1988 Human Resources Commission - January 28, 1988 Recreation & Parks Commission - January 26, 1988 Transition/Waste Management Com. - January 21, 1988 Claims for Action (deny and notify claimant) On January 5, 1988, a claim for property damage amounting to $260.00 was received by the City,Clerk's Office from Kenneth King. Temporary Use Permits (receive and file) TUP No. 1765-87 was issued to West Covina Toyota, 821 S. Glendora, for balloons on 12/19-.12/20 and 12/26 - 12/27. TUP No. 1766-87 was issued to Circus Vargas Corp., 2648 E. Workman, for 2/12 - 2/22. TUP No. 1767-88 was issued to West Covina Nizzan, 1840 Garvey, for balloons on 1/1 - 1/16 and 1/23. TUP No. 1768-88 was issued to West Covina Toyota, 841 S. Glendora, for balloons on 1/23 - 1/24. TUP No. 1769-88 was issued to Reynolds Buick, 345 N. Citrus, for balloons on 1/23 - 1/24., TUP No. 1770-88 was issued to Inter -Community Medical Center 820 N. Phillips for a Hospice dedication on 2/4. TUP No. 1771-88 was issued to the Women's Club of West Covina, for a rummage sale at Cameron Park on 2/27. - 5 - • LJ CITY COUNCIL MINUTES Mr. & Mrs. Boyd - Irrevocable Offer of Dedication Resolution 8149 - Glen Vine Square, Ltd: Quitclaim Deed February 8, 1988 Page Six Miscellaneous Public Works a) Irrevocable Offer of Dedication - Mr. & Mrs. Recommendation is to authorize ,the Mayor and City Clerk to execute an agreement,for;an Irrevocable Offer of Dedication with Mr. and Mrs. Boyd for five feet of added right-of-way along Azusa Avenue at 1804 E. Merced Avenue. b) Parcel Map 12546 - Quitclaim Deed Recommendation is to adopt: RESOLUTION NO. 8149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THEY MAYOR AND CITY CLERK TO EXECUTE.A CORPORATION QUITCLAIM DEED IN FAVOR OF GLEN VINE SQUARE, LTD. Ordinances for Adoption (waive reading and adopt) Ordinance 1765 - ORDINANCE NO. 1,765 - AN ORDINANCE OF THE CITY COUNCIL OF purchasing procedures THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-330 OF THE WEST COVINA MUNICIPAL• CODE REGARDING PUR- CHASING PROCEDURES Ordinance 1766 - ORDINANCE NO. 1766 - AN ORDINANCE OF THE CITY COUNCIL OF reverse vending machines THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CATEGORY S OF SECTION 14-68 OF THE WEST COVINA.MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX IMPOSED ON SMALL COLLECTION FACILITIES AND REVERSE VENDING MACHINES Miscellaneous a) City Council Compensation Ordinance introduced - Recommendation is to introduce the following: Council compensation AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-23 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CITY COUNCIL COMPENSATION b) Small Recycling Facilities and Reverse Vending Machines (Recycling Centers) . Recommendation is to adopt the following: Resolution 8150 - RESOLUTION NO. 8150 - A RESOLUTION OF THE CITY COUNCIL reverse vending machines OF THE CITY OF WEST COVINA, CALIFORNIA, SUSPENDING A PORTION OF THE CATEGORY BUSINESS LICENSE TAXES IMPOSED ON SMALL COLLECTION FACILITIES AND REVERSE VENDING MACHINES CONSENT CALENDAR MOTION Motion by Bacon, seconded by Chappell to waive further reading of all ordinances and resolutions and adopt; to approve all other items listed on the Consent Calendar; and to introduce the remaining ordinance. Motion carried by roll call vote: AYES: Bacon, Manners, Chappell NOES: None ABSENT: Tennant, Shearer - 6 - CITY COUNCIL MINUTES February 8, 1988 Page Seven PUBLIC WORKS DIVISION 1) MINOR TRAFFIC SIGNAL MODIFICATIONS - ESTABLISHMENT OF PROJECT Council reviewed staff's report. Minor Traffic Signal Motion by Bacon, seconded by Manners, and unani- Modifications mously carried to a) establish.Project TS 88114, and b) transfer $55,000 in Unappropriated Gas Tax Funds to Project TS 88114 (Account No. 124-320-3820-7200). 2) UNDERGROUND UTILITY DISTRICT NO. 4 WAIVER OF FORMAL BID Underground Utility District Council reviewed staff's report. No. 4 - Motion by Manners, seconded:by Chappell, and: RDM Electric.Co. unanimously carried determining that the formal biddin; procedures would be impracticable, useless, or uneconomical and, therefore, authorized the waiver of formal bid procedures and award the contract to RDM Electric Company, Inc. COMMUNITY SERVICES DIVISION OFFICE 'OF"COMMUNITY 'SERVICES'. • Sludge Disposal Ordinance introduced - Conduct in parks • 1) SLUDGE DISPOSAL Council reviewed staff's report. Councilmember Bacon disagreed with the staff recommendation and suggested other action. His alternatives were favored by Council and the following action was taken. Motion by Bacon, seconded by Manners, and unani- mously carried to have the appropriate person at the Water Quality Control Board :re`comffieh&�'ar-,Aaboratbry to engage in testing a sampling of the sludge taken from Los Angeles to BKK. One test should be sufficient, done at the same time as the usual quarterly test, and have either BKK Landfill receive the bill who could send it on to the City of Los Angeles for payment Further, request the Department of Health Services to make a determination as to any hazardous bacteria in the sludge. The responses should be forwarded to_ the Transition/Waste Management Commission for review- and recommendation to the Council. HUMAN SERVICES DEPARTMENT 1) CONDUCT IN PUBLIC PARKS - ORDINANCE REVISIONS Council reviewed staff's report. City Attorney presented: - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 16, ARTICLE II, AND SECTION 15-5 OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO PARK AND RECREATION AREAS Motion by Bacon, seconded by Manners, and unani- mously carried to waive further -reading of the ordi-. nance. Motion by Bacon,,seconded by Manners, and unanimously carried to introduce the ordinance. - 7 - CITY COUNCIL MINUTES February 8, 1988 Page Eight OPERATIONAL SERVICES DIVISION PERSONNEL SERVICES • 1) PRE -EMPLOYMENT DRUG SCREENING.FOR SELECTED POSITIONS Pre -employment drug Council reviewed staff's report. screening for selected Motion -by Manners, seconded by Bacon, and unani- positions mously carried to authorize staff to implement pre- employment drug screening for selected positions. • C: PUBLIC SAFETY DIVISION No items for this agenda. REDEVELOPMENT AGENCY MEETING Mayor Chappell recessed the City Council meeting at 9:53 pm in order to conduct the Redevelopment Agency meeting. The City Council meeting reconvened at 9:55 pm. CITY MANAGER 1), STATEMENT.OF INVESTMENT POLICY Council reviewed staff's report. Investment Policy for Motion by Manners, seconded by Bacon, and unani- Redevelopment Agency mously carried to accept the Treasurer's annual Statement of Investment Policy for the Redevelopment Agency for 1988. 2) SUPPLEMENTAL APPROPRIATION - SAN GABRIEL VALLEY FIRE AUTHORITY Council reviewed staff's report. City Attorney presented: Resolution 8154 RESOLUTION NO. 8154 - A RESOLUTION OF THE CITY S.G.V. Fire Authority COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, supplemental appropriation APPROVING A SUPPLEMENTAL APPROPRIATION FROM GENERAL FUND CONTINGENCY TO THE BUDGET FOR THE S.G.V. FIRE AUTHORITY FISCAL YEAR COMMENCING JULY 1, 1987 AND ENDING JUNE 30, 1988 Motion by Bacon, seconded by Manners, and unani- mously carried to waive further reading of the reso- lution and to adopt. 3) LEGISLATION Council reviewed staff's report. Legislation Motion by Bacon, seconded by Manners, and unani- mously carried to oppose AB 2684, AB 2688, AB 1097, SB 275, and support AB 2687, SB 1795, and SB 987. 4) PUBLIC ACCESS SUBCOMMITTEE APPOINTMENT Charlene Cacchione appointment Council reviewed staff's report. Motion by Manners, seconded by Bacon, and unani- mously carried to appoint Charlene.Cacchione to the Public Access Subcommittee. APPROVAL OF DEMANDS Motion by Manners, seconded by Bacon to approve Demands totaling $1,952,258.54 as listed on Check Registers FI 094840 through 094099. Motion carried by roll call vote: AYES: Bacon, Manners, Chappell NOES: None ABSENT: Tennant, Shearer 8 - CITY COUNCIL MINUTES February 8, 1988 Page Nine ORAL COMMUNICATIONS Mr'.:R.A. Moncada, 421 S. Mesita Place, stated that he had a show tractor that he would like to park in his driveway. • The matter was referred to staff for investigation and report back to Council. MAYOR'S REPORTS 1) OPENING DAY DATES FOR YOUTH BASEBALL Council reviewed the schedules and decided to notify the City Manager's Office with their preferred dates and times. COUNCILMEMBERS' REPORTS No reports given at this meeting. ADJOURNMENT Motion by Manners, seconded by Bacon, and unanimously carried to adjourn the meeting at 10:07 pm. f / `AA QJ H 6 Kenneti I. Chap 1 A "TEST: -City Clerk Ple.Terie H. NoonKy