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03-14-1988 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL March 14, 1988 i d order b Mayor The regular meeting of the West Covina City Council was called to o e y y Chappell at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Mayor Chappell and the invocation was given by Rabbi Spritzer of Temple Beth Ami. ROLL CALL Mayor Chappell, Mayor Pro Tem Manners, Councilmember Bacon and Councilmember Tennant (arrived 7:50 pm) Absent: Councilmember Shearer - Mayor Chappell announced that Councilmember Chester Shearer passed away on March 10, 1988. Others Present: Berry, Jung, Fast, Lennard, Thomas, Miller, Eliot, Meacham, .McClelland, Salazar, Haley, Sotelo, Wylie, Yoshino APPROVAL OF MINUTES Motion by Manners, seconded by Bacon, and unanimously carried to approve the following minutes: Regular meeting of February 22, 1988 Adjourned regular meeting of February 29, 1988 Adjourned regular meeting of March 7, 1988 PRESENTATIONS Mayor Chappell noted that the City of Whittier could not send_a representative to West Covina to present their • City of Whittier proclamation to the City of West Covina for the help they received ,from West Covina after :the October earthquake. City Manager Fast explained that the City of Whittier was grateful.for assistance given by West Covina's building inspectors. Proclamation Mayor Chappell presented CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH (April, 1988) proclamation to Police Chief Meacham. Mayor Chappell presented ARBOR DAY (March 20, 1988) proc- lamation to Bea.Uribe of West Covina Beautiful. Resolutions of Commendation Mayor Chappell presented permaplaqued resolutions of com- mendation to retiring Police personnel Darryl Clepper and George Sicuranzo. Introduction Mayor Chappell recognized West Covina Unified School Dis- trict Board of Directors Chairman Joe Mount, who in turn introduced H.C. Tanner of the School District's staff. CONSENT CALENDAR Written Communications No letters received for this meeting. Commission Summary of Actions (receive and file) Planning Commission - March 2, 1988 Personnel Commission - March 9, 1988 Human Resources Commission - Feb. 25, 1988 Transition/Waste Management Comm. Feb. 18, 1988 ABC Application (Police.Chief reports no legal basis for protest) Lucita San Chan, dba MAI LIQUOR South Pasadena 1556 E. Amar, Suite A - 1 - • • CITY COUNCIL MINUTES March 14, 1988 Page Two Claims for Action (deny and notify claimant) On February 8, 1988, a claim for personal injuries amounting to $250,000 was received by the City Clerk's Office from Roberta M. Gay. Temporary Use Permits (receive and file) TUP No. 1777-88 was issued.to Edgewood High School, 1625 W. Durness, for a carnival on February 19-21, 1988. TUP No. 1778-88 was issued to Mandy Williams Oldsmobile, 2525 E. Workman for balloons on February 27-28, 1988. Acceptance of Improvements and/or Release of Bonds UUP 339 - Location: 1728 Cabana Chris Alturas Staff recommends accepting public works improvements and releasing Cash Deposit in the amount of $4,000. Miscellaneous Public Works a) SP 87177 - Street Resurfacing SP 87177 - Recommendation is to authorize the transfer of $45,000 transfer of funds from unappropriated Gas Tax Funds to Project SP 87177. b) Street Cleaning Contract Renewal Recommendation is to grant R.F. Dickson Company, Inc. R.F. Dickson Company a contract extension, with a 5.2% increase, or contract renewal $14,792.94 per month and authorize the Mayor and City Clerk to execute the agreement. c) Renewal of Maintenance Contract for Civic Center Creative Landscape Inc. Recommendation is to grant renewal of current contract contract renewal with Creative Landscape, Inc. for the coming twelve month period at a 5.2% increase. Arbor Day - d) Annual Arbor Day Commemoration and Proclamation March 20, 1988 Recommendation is to proclaim March 20, 1988 as Arbor Day and receive and file the informational report. e) Agreement for Temporary Installation of Portable Water Pump Recommendation is to ratify the authorization of the Portable Water Pump - City Manager to execute an agreement with J.K. J.K. Eichenbaum agreement Eichenbaum Associates for temporary installation of a portable water pump on Amar and Azusa. f) Annual Renewal of Maintenance Districts - Ordering the Engineer's Reports - Citywide Landscape and Lighting District & Maintenance Districts Nos. 4, 6, & 7 Recommendation is to adopt: RESOLUTION NO. 8162 - A RESOLUTION OF THE CITY Resolution 8162 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Street Lighting & Landscape ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4,,CHAPTER 1, PART Main. Dist. No. 88/89 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE INSTALLED, ELECTRICAL ENERGY AND MAINTENANCE TO BE FURNISHED FOR ALL STREET LIGHTS THROUGHOUT THE CITY, AND FOR THE FURNISHING OF LAND- SCAPING MAINTENANCE, APPURTENANCES AND APPURTENANT - 2 - CITY COUNCIL MINUTES March 14, 1988 Page Three WORK IN THE CITY OF WEST COVINA, CALIFORNIA, AS SHOWN ON PLANS AND DIAGRAM NO. 1988/1989, FOR THE FISCAL YEAR COMMENCING JULY 1, 1988 AND ENDING JUNE 30, 1989 (West Covina Street Lighting and Landscaing Main- tenance District No. 1988/1989) RESOLUTION NO. 8163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Resolution 8163 - ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT Consolidated Main. Dist. IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2, Nos 4, 6, & 7 "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE.OF THE STATE OF CALIFOR- NIA, FOR THE INSTALLATION OF THE LANDSCAPING AND THE MAINTENANCE THEREOF, IN THE CITY OF WEST COVINA FOR THE FISCAL YEAR COMMENCING JULY 1, 1988 AND ENDING JUNE 30, 1989 (West Covina Consolidated Maintenance District No. 4, 6, & 7 (88/89) and Landscaping Maintenance District No. 1988-1989) Ordinances for Adoption (waive reading and adopt) Ordinance 1773 - ORDINANCE NO. 1773 - AN ORDINANCE OF THE CITY COUNCIL Zone Change 599 OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING.THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 599 - Queen of the Valley Hospital) Ordinance 1774 - ORDINANCE NO. 1774 - AN ORDINANCE OF THE CITY COUNCIL Amendment No. 220 OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MUNICIPAL CODE OF THE CITY OF WEST COVINA, CHAPTER 26, ARTICLE XII, AS IT.RELATES TO NON-RESIDENTIAL OFF-STREET • PARKING IN SHOPPING CENTERS (Amendment No. 220) Ordinance 1775 - ORDINANCE NO. 1775 - AN ORDINANCE.OF THE CITY COUNCIL Amendment No. 217 OF THE CITY OF WEST.COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE VII, DIVISION 2, SECTION 26-339 RELATING TO BANNERS,, PENNANTS AND TETHERED BALLOONS IN COMMERCIAL ZONES (Amendment No. 217) ORDINANCE NO. 1776 - AN ORDINANCE OF THE CITY COUNCIL Ordinance 1776 - OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION skateboards, scooters 16-18 (e) AND SECTION 22-77 AND ADDING SECTIONS 22-80 . THROUGH 22-82 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE RIDING AND PARKING OF SKATEBOARDS, ROLLER SKATES, COASTERS AND SCOOTERS Award of Bids a) SD 87114 - Sunset Avenue Storm Drain SD 87114 - Recommendation is to accept the bid of Cornish Con - Cornish Construction struction, Corona, in the amount of.$547,000 as sub- mitted at the bid opening of March 8 and authorize the Mayor and City Clerk to execute the appropriate agreement. b) MP 87139 - Shadow Oak Drive Subdrain MP 87139 - Recommendation is to a) transfer $25,000 from MP 87106 Heritage Construction to MP 87139, b) grant relief of the low bidder Andrew • Papac & Sons pursuant to Public Contract Code Article 6, Section 10800, and c) accept the bid of Heritage Construction, Rowland Heights, in the amount of. $146,488 as submitted at the bid opening of February .16 and authorize the Mayor and City Clerk to execute an appropriate agreement. 3 - CITY COUNCIL MINUTES March 14, 1988 Page Four CONSENT CALENDAR MOTION Motion by Manners, seconded by Tennant to waive further reading of the resolutions and ordinances and to adopt, • and to approve all other items. Motion carried by roll call vote: AYES: Tennant, Bacon, Manners, Chappell NOES: None PUBLIC WORKS DIVISION 1) PP 88204 - APPROVE PLANS AND SPECIFICATIONS - FREEWAY LANDSCAPING MO-DIFICATIONS PP 88204 - Council reviewed staff's report. Plans & specs approved Motion by Bacon, seconded by Tennant, and unani- mously carried to approve plans and specifications for PP 88204 and authorize the City Engineer, to call for bids. 2) SL 88115 - MERCED AVENUE STREET LIGHTS UPGRADE SL 88115 - Council reviewed staff's report. Plans & specs approved Motion by Manners, seconded by Bacon, and unani- mously carried to a) establish SL 88115 and b) approve plans and specifications for SL 88115 and authorize the City Engineer to call for bids. 3) TS 88114 - MINOR TRAFFIC SIGNAL MODIFICATIONS Council reviewed staff's report. TS 88114 - Motion by Manners, seconded by Bacon, and unani- Plans & specs approved; mously carried to a) approve waiver of competitive Multisonics bidding procedures and authorize .the purchase of traffic controllers and cabinets from Multisonics in the amount of $51,933.67, including tax, and b) approve plans and specifications for TS 88114 and authorize the City Engineer to call for bids. COMMUNITY SERVICES DIVISION OFFICE OF COMMUNITY SERVICES 1) MOSQUITO ABATEMENT DISTRICT Council reviewed staff's report. Motion by Tennant, seconded by Bacon, and unani- Mosquito Abatement District mously carried to notify the Local Agency Formation Commission that the City of West Covina wants to pro- vide mosquito abatement services by contracting with an existing Mosquito Abatement District. 2) SLUDGE TEST STATUS Council reviewed staff's report. Mayor Chappell and Sludge Test'Status Mayor Pro Tem Manners toured the Hyperion Facility in Los Angeles and reported on that. Motion by Manners, seconded by Bacon, and unani- mously carried to receive and file the informational report. HEARING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE UUP 334; REVISION 1 (Wings Restaurant) Mayor Chappell explained that the appeal resulted in the UUP 334, Rev. 1 approval of UUP 334, Revision 1 of the Planning'Commission in consideration of a requested revision to allow the (Wings Restaurant) addition of a fire exit and increase the Building Code maximum occupancy in a restaurant having dancing and live entertainment. • CITY COUNCIL MINUTES PublicTestimony In F_avor: Charles Dowell In Opposition: Tony Falco In Rebuttal: Charles Dowell Public —Testimony —closed March 14, 1988 Page Five City Clerk Mooney stated that the affidavits of publication and mailing were on.file and Mayor Chappell opened the hearing. The staff report was presented by Planning Director Haley. Mayor Chappell asked for public testimony in favor of the request (opposing the appeal) and the following individual addressed Council: Charles Dowell, attorney representing Wings Mayor Chappell asked for testimony opposing the request (.in favor of the appeal.) and the following individual addressed Council: Tony Falco, 2937 Vanderhoof Mayor Chappell asked for comments in rebuttal and Charles Dowell addressed the Council. The public testimony portion of the hearing was then closed and Mayor Chappell commenced Council Discussion. Council acknowledged the Planning Commission's decision but was also concerned about the parking situation at the restaurant: not enough parking stalls, litter left by those parking on the street, and the impact of more cars in the area due to an increase of the maximum occupan-cy capacity. City Attorney presented: Resolution 8164 - RESOLUTION NO. 8164 - A RESOLUTION OF THE CITY COUNCIL approving UUP 334, Rev.l OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING UNCLAS- SIFIED USE PERMIT NO. 344, REVISION 1, TO ADD A FIRE EXIT AND INCREASE THE BUILDING CODE MAXIMUM OCCUPANCY IN A RESTAURANT HAVING DANCING AND LIVE ENTERTAINMENT IN THE GENERAL -COMMERCIAL (C-2) ZONE (Wings Restaurant - Unclassified Use Permit No. 344, Revision 1) Motion by Tennant, seconded.by Chappell to waive furthe reading of the resolution and adopt. Motion carried by roll call vote: AYES: Tennant, Bacon, Chappell NOES: Manners Traffic Committee to Motion by Tennant, seconded by. Manners, and unanimously study parking issue carried to refer to the Traffic Committee for review and report the possibility of banning parking on the street Friday and Saturday nights. COMMUNITY SERVICES DIVISION (CONT) 3) ELSMERE CANYON STATUS Council reviewed staff's report.and noted the importanc Elsmere Canyon Landfill of educating the citizens on the real issue involving the delay in opening Elsmere Canyon Landfill. Motion by Bacon, seconded by Manners, and unani- mously carried to receive and file the report. • PLANNING DEPARTMENT 1) TONOPAH SCHOOL - MEMORANDUM OF UNDERSTANDING Council reviewed staff's report. MOU with W.C.U.S.D. re Motion by Bacon, seconded by Manners, and unani- Tonopah School site mously carried to approve the MOU Between the City of.West Covina and the West Covina Unified School District Regarding the Disposition of Certain Surplus School Property (Tonopah School site) and authorize the Mayor and City Clerk to execute the agreement. - 5 - • CITY COUNCIL MINUTES OPERATIONAL SERVICES DIVISION March 14, 1988 Page'Six OFFICE OF THE CITY CLERK 1) GENERAL MUNICIPAL ELECTION OF APRIL 12, 1988 Council reviewed staff's report. Resolution 8165 - City Attorney presented: polling places & election RESOLUTION NO. 8165 - A RESOLUTION OF THE CITY officials COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPEN- SATION FOR THE GENERAL MUNICIPAL ELECTION OF TUESDAY, APRIL 12, 1988 RESOLUTION NO. 8166 - A RESOLUTION OF THE CITY Resolution 8166 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, City Clerk to prepare ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION Canvass OF APRIL 12, 1988, TO BE MADE BY THE CITY CLERK Motion by Bacon; seconded by Tennant, and unani- mously carried to waive further reading of the reso- lutions and adopt. PUBLIC SAFETY DIVISION FIRE AUTHORITY 1) WEED ABATEMENT - 1988 Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 8167 - A RESOLUTION OF THE CITY Resolution 8167 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DE - declaring weeds a nuisance CLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 23, ARTICLE 2, OF THE GOVERNMENT CODE Motion by Bacon, seconded by Manners and unani- Setting 3/28/88 as protest mously carried to waive further reading of the reso- hearing date lution and to adopt. Motion included setting March 28, 1988 as the date for hearing of any objections or protests to said program. 2) SUPPLEMENTAL APPROPRIATION - SAN GABRIEL VALLEY FIRE AUTHORITY Council reviewed staff's report. City Attorney presented: Resolution 8168 - RESOLUTION NO. 8168 - A RESOLUTION OF THE CITY supplemental appropriation COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, 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 Manners,,seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and adopt. CITY COUNCIL MINUTES POLICE DEPARTMENT March 14, 1988 Page Seven 1) K-9 PROGRAM UPDATE K-9 Program Council reviewed staff's report. Motion by Manners, seconded by Chappell, and unanimously carried to receive and file the report. 2) CHANGE OF UNIFORM PROPOSAL Council reviewed staff's report. Motion by Manners, seconded by Bacon, and unani- Police uniforms mously carried to authorize the Police Chief to solicit bids for navy blue uniforms and accessories for all sworn, uniformed non -sworn, Reserve, and Explorer personnel. 3) SURPLUS EQUIPMENT Council reviewed .staff's report. Motion by Manners, seconded by Bacon, and unani- Surplus firearms mously carried to authorize the subject weapons be declared surplus and the Police Chief mayenter into a cash sale or trade agreement with Azusa Gun Shop for new weapons in value to the bid submitted. OFFICE OF EMERGENCY SERVICES 1) EARTHQUAKE PREPAREDNESS Council reviewed staff's report. Motion by Bacon, seconded by Chappell, and Earthquake preparedness unanimously carried to receive and file the report. REDEVELOPMENT AGENCY. Mayor Chappell recessed the City Council meeting at 8:56 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 8:58 pm. CITY MANAGER 1) LEGISLATION - CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 Council -reviewed the staff report. City Attorney presented: Resolution 8169 - RESOLUTION NO. 8169 - A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 Motion by Bacon, seconded by Chappell, and unani- mously carried to waive further reading of the reso- lution and to adopt. 2) LEGISLATION Council reviewed staff's report. Motion by banners, seconded by Tennant, and unani- Legislation mously carried to support SB 1904, HR 3312, and S 2062. 3) FOOTHILL TRANSIT ZONE Councilmember Bacon requested that this item be held Foothill Transit Zone - over until he gets a chance to review the matter held over until 3/28/88 further before voting. Motion by Bacon, seconded by Tennant, and unani- mously carried to hold over the matter until March 28. - 7 - • • CITY COUNCIL MEETING APPROVAL OF DEMANDS March 14, 1988 Page Eight Motion by Manners, seconded by Bacon to approve Demands totaling $1,099,565.43 as listed on Check Registers FI" 95547 through 94936.. Motion carried by roll call vote: AYES: Tennant, Bacon, Manners, Chappell NOES: None ORAL COMMUNICATIONS Joe Anguli; 1814 E. Danes Drive, requested a clarification regarding a Tribune article about the City issuing an interest -free loan.in the amount of $567,000 to a developer. Joe Anguli Assistant City Manager Eliot responded to the request. MAYOR'S REPORTS 1) APPOINTMENT TO EAST SAN GABRIEL VALLEY CONSORTIUM Mayor Chappell requested the appointment be held over until the second meeting in April when all the annual appointments are made.after-.._Counci:l-r.eorganizat on:: 2) OLDER AMERICANS RECOGNITION DAY Louis Gilbert Mayor.Pro Tem Manners nominated Louis Gilbert. Mayor Helene Mooney Chappell nominated Helene Mooney. Motion by Manners, seconded by Tennant, and unani- mously carried to nominate both individuals -to repre- sent the City for Older Americans Recognition Day. 3) PROCLAMATIONS Cancer Awareness Week, April 18-24, 1988 Drug & Alcohol Education Week, April 17-23, 1988 COUNCILMEMBERS' REPORTS 1) Refusenik Family - Chernobilsky ..6tionriby--Bacon,':�.seconded'-by Manners, and unani- mously carried to support the campaign for the release Refusenik Family of the Chernobilsky family from Russia. 2) Council recollected Chester Shearer's dedication and thoroughness in his service to the City. His accomp- lishments were many and his reputation as an outstand- ing Councilmember will long be remembered. City Attorney Lennard reminded Council of their responsibility in filling the vacancy. He stated that Council had three choices and'must make a decision Council vacancy within thirty days of the day the position became vacant: a) call a special election would be held in conjunction with the statewide November election, b), appoint an individual to fill the entire unexpired term of office, or c) appoint an individual to fill the position until the time of the special election. Staff was directed to place the matter on the next Council agenda. Staff was also directed to place on the agenda alternatives for a memorial "similar to that which was done for Russ Nichols. Closed Session City""Attorney.-Lennard recommended f h e- Council-take'action to recess to a closed session pursuant to Government Code Section 54956to confer with its City Attorney on pending litigation regarding 1) Mary Ann Rizkowsky and 2) Donna Carpenter.. Motion by Bacon, seconded by Tennant, and unanimously carried to recess the meeting at 9:27 pm to a closed session. Mayor Chappell noted that the Council would take action on these matters when it reconvened. CITY COUNCIL MINUTES March ,14, 1988 Page Nine Upon the conclusion of the closed session, Council was called back to order at 9:43 pm and took the following actions: MARY ANN RIZKOWSKY - CLAIM AGAINST THE CITY Motion by Manners, seconded by Tennant, and unanimously carried to settle the matter and authorize payment subject to the standard conditions. DONNA CARPENTER -'CLAIM AGAINST THE CITY Motion by Manners, seconded by Tennant, and unanimously carried to settle the matter and authorize payment subject to the standard conditions. ADJOURNMENT Motion by Tennant, seconded by Manners, and unanimously carried to adjourn the meeting at 9:45 pm in memory of Chester Shearer. City Clerk Hlelene M. Mooney •