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10-17-1987 - Regular®: .*ULAR MEETING OF THE CITY COUNCO CITY OF WEST COVINA, CALIFORNIA L'�ei�7il:1 Monday, October 12, 1987 7:30 P.M. Agenda material is available at the City Clerk's Office for review: 1444 W. Garvey Avenue, City Hall, Room 318. For sign language interpreter services at City Council meetings, please telephone (818) 814-8433 (voice) or (818) 960-4422 (TTY) from 8:00 A.M. to 5:00 P.M. Monday through Friday. A notice of four working days is required. PLEDGE OF ALLEGIANCE INVOCATION Rev. Lawrence Cole, Community Presbyterian ROLL CALL Chappell, Manners, Shearer, Bacon, Tennant A. AGENDA COMMUNICATIONS Presentations: West Covina Jaycees Constitution Bicentennial Marilyn Cook- Los Angeles County Fair Winner Proclamations: Toastmasters Communication Month, October Red Ribbon Week, Oct. 25-31, 1987 United Nations Day & International Time Off for Women Day, October 24, 1987 Crime Prevention Month, October, 1987 NOTICE TO PUBLIC At this time the City Council will receive comments on any non -hearing item found on the Agenda. Testimony regarding hearing matters will be received at the time of HEARINGS and comments regarding any municipal matter not on the Agenda will be received later under ORAL COMMUNICATIONS. Anyone wishing to address the City Council on a non -hearing Agenda item should come forward to the podium when requested by the Mayor and state your name and address for the record. Please limit your comments to three minutes. Your comments will be addressed by the City Council at the time the Agenda item is considered. As Consent Calendar items are considered routine in nature, they are normally enacted in one motion. The Mayor may remove a questioned Consent Calendar item for separate action. I Certify that CoPiea of the Council Agenda for the meeting of 5 7 Were Posted in aaoorda M with the 1/87 Brown Aot Amendments. Dated: loll -.Zl8 7 Office of the City Clerk City Council Agenda • • Page Two October 12, 1987 B. CONSENT CALENDAR 1) WRITTEN COMMUNICATIONS Letter from Supervisor Schabarum On September 30, 1987, the City received a letter from Supervisor Schabarum requesting the City Council to prohibit the deposit of refuse and sewage sludge from Los Angles at the BKK Landfill. Because this is a matter of Council policy, staff makes no recommendation. 2) COMMISSION SUMMARY OF ACTIONS (Receive and file) The following Commissions have met on the dates specified below, and now report to the City Council the items on which they have taken action. a) Human Resources Commission. . . . . . . . . . Sept. 24, 1987 b) Personnel Commission . . . . . . . . . . . . Sept. 30, 1987 3) ABC APPLICATIONS The following persons have applied to the Alcoholic Beverages Commission for licenses to sell alcohol. (Chief of Police reports no legal basis for protest) a) Carolyn Boen dba L'Specialties Rancho Cucamonga, CA 2648 E. Workman #2158 & West Covina, CA Judy Ann Stoker San Dimas, CA b) Yong Chu] Kim dba Royal Crest Dairy Young Lim Kim 1818 East Rowland Ave. Rowland Heights, CA West Covina, CA c) Chiman Kotecha dba Liquor Plus Diamond Bar, CA 1523 Amar Road & West Covina, CA Tulsi R. Savani Diamond Bar, CA 4) CLAIMS FOR ACTION (Deny and notify claimant) a) Carl Eugene Gentry vs City of West Covina On September 28, 1987, a claim for personal injuries amounting to $1,000,000.00 was received by the City Clerk's Office. b) Michael William Miller vs City of West Covina On September 11, 1987, a claim for personal injuries amounting to $15,000.00 was received by the City Clerk's Office. City Council Agenda • • Page Three October 12, 1987 B. CONSENT CALENDAR Continued 5) TEMPORARY USE PERMITS (Receive and file) Temporary Use Permit No. 1745-87 was approved for West Covina Toyota, 821 S. Glendora, for balloons on September 25-26, 1987. Temporary Use Permit No. 1746-87 was approved for Bolender & Lemagie Tree Company, 1200 W. Francisquito, for Christmas tree sales on December 4-20, 1987. 6) ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) SP-87102 - Merced Ave. Improvements - Mobassaly Engineering Location: Merced Ave. from Willow Ave. to South Garvey Ave. Accept public works improvements and authorize release of Merchants Bonding Company Bond No. CA 108007 in the amount of $111,823.05. Staff recommends acceptance. b) SP-87129 - Willow Ave. Improvements - Mobassaly Engineering Location: Willow Ave. from Merced Ave. to South Garvey Ave. Accept public works improvements and authorize release of Merchants Bonding Company Bond No. CA 108008 in the amount of $140,514.75. Staff recommends acceptance. c) SP-87176 - Wheelchair Ramps - De Armond Construction Location: Various, Citywide Accept wheelchair ramps and authorize release of AmWest Surety Insurance Company Bond No. 1119354 in the amount of $69,900.00. Staff recommends acceptance. d) Precise Plan 789 - ments - Sisira & Sitadi Location: 233 North Sunset Acknowledge completion of onsite improvements and authorize release of Letter of Credit No. 152 in the amount of $20,200.00. Staff recommends release. e) Precise Plan 792 - Onsite Improvements - Harry Hill Volkswagen Location: 1914 East Garvey Acknowledge completion of onsite improvements and authorize release of Bank of America Letter of Credit in the amount of $121.000.00. Staff recommends release. City Council Agenda • October 12, 1987 • Page Four B. CONSENT CALENDAR Continued 7) ORDINANCES FOR ADOPTION (Waive reading and adopt) Two ordinances were introduced at the September 28th City Council meeting and are now offered for adoption. Ordinance No. 1753 regulates the hours. of use of landscape maintenance equipment; it has been amended to change the starting time from 8:00 a.m. to 7:00 a.m. Ordinance No. 1755 authorizes an amendment of the City's PERS contract for public safety employees to receive the 2 percent at 50 program benefit. ORDINANCE NO. 1753 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-97 TO THE WEST COVINA MUNICIPAL CODE RESTRICTING THE HOURS OF OPERATION OF LANDSCAPE MAINTENANCE EQUIPMENT IN RESIDENTIAL ZONES. ORDINANCE NO. 1755 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 8) AWARD OF BIDS a) Removal of Un f Palm Trees. Ci This project provides removal of palm trees in the City easements for replacement with approved species of shade trees. This project does not include palms designated as historical trees. It is recommended that the City Council accept the bid of Johnny's Tree Service of Valinda, California, in the amount of $24,000 and authorize the Mayor and City Clerk to execute an Agreement with Johnny's Tree Service for the work to be done. b) Removal of Undesirable Street Trees -City Project No. CTS-87R-1 This is an annual undesirable street tree removal contract. Trees will be removed as the need arises with a minimum number of twenty trees at each request. It is recommendation of the Maintenance Department that the City Council accept the bid of Becks Tree Service of Santa Ana for the amount of $1,445.00 and authorize the Mayor and City Clerk to execute an Agreement with Becks Tree Service to commence this project. ACTION OF THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 8: Motion by by To Waive further reading of the ordinances and adopt, and to APPROVE all other items, EXCEPT ROLL CALL: END OF CONSENT CALENDAR -4- City_�Council Agenda • • Page Five October 12, 1987 C. HEARINGS NOTICE TO PUBLIC Hearings before the City Council are routinely set for 8:00 P.M. The procedures used for testimony are hearing those in favor speaking first, then those in opposition speaking second, followed by those in favor speaking in rebuttal. However, the rebuttal may only address those items discussed in opposition. When recognized, please come forward to the podium and state your name and address for the record. 1) Amendment No. 210 Second -Unit Ordinance This Code amendment is designed to alleviate the concerns voiced by the Planning Commission regarding minimum unit sizes and the recent tendency of applicants to try to overbuild when adding a second -unit to a single-family lot. Several department reports and Planning Commission public hearings covering a time span from April 1, 1987, to September 16, 1987 resulted in the final recommendation to the City Council through the unanimous adoption of Planning Commission Resolution No. 9-87-3569. Verification of publication Open Hearing Presentation of staff report Public testimony Close hearing Council discussion Recommendation of the staff is that the City Council affirm the unanimous recommendation of the Planning Commission by introducing the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XII, DIVISION 11, SECTION 26-685.34(i) AS IT RELATES TO DEVELOPMENT STANDARDS FOR SECOND -UNITS ON SINGLE-FAMILY LOTS. (Amendment No. 210) ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd by To Introduce Disapprove Hold Over - 5- City Council Agenda October 12, 1987 E 0 Page Six C. HEARINGS Continued 2) General Plan Amendment No. 1987-1 Zone Change No. 609 Garvey Investment Group The subject cases were filed in conjunction with Variance No. 892 and Unclassified Use Permit No. 349 which were approved by the Planning Commission contingent upon the City Council's approval of the General Plan amendment and zone change. The project consists of a General Plan amendment changing the land use designation from "Service and Neighborhood Commercial" to "Medium Density Residential" (8.1 - 15.0 dwelling units per acre), a zone change from "planned Industrial (I-P)" to "Low Density Multiple -Family (MF-15)", a variance to allow a zone change to MF-15 on a site of less than one acre, and an unclassified use permit to allow a private day school with a maximum number of 104 students at 2009-2013 West Garvey Avenue. a) Verification of publication b) Open Hearing c) Presentation of staff report d) Public testimony e) Close hearing f) Council discussion g) Recommendation of the staff is that the City Council affirm the recommendation of the Planning Commission by adopting a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AMENDMENT NO. 1987-1 (LAND USE ELEMENT) TO THE GENERAL PLAN AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO. (Garvey Investment Group) ACTION Motion by 2nd by To WAIVE further reading of the Resolution, and Adopt Disapprove Hold Over Staff also recommends that the City Council affirm the recommendation of the Planning Commission' by introducing an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICAL ZONING MAP (Zone ,Change No. 609 - Garvey Investment Group) ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd by To Introduce Disapprove Hold Over City Council Agenda • • Page Seven October 12, 1987 D. PUBLIC WORKS DIVISION 1) PP-88204 - Selection of Consultant for Freeway_Visibility Improvement 2) 3) 4) Plans and specifications are required to revise the freeway landscaping adjacent to the auto dealers to afford them better visibility. A consultant to prepare the plans, etc., has been selected. It is recommended that the City Council take the following actions: a) Establish City Project PP-88204 and transfer $7,000 from Unappropriated Citywide Landscape Maintenance funds to City Project PP-88204 (180-320-3818-7900). b) Accept the Proposal of Environmental Images Landscape Architects of Anaheim dated September 4, 1987 in the amount of $6,000 and authorize the Mayor and City Clerk to execute an agreement with said Environmental Images for the work to be done. ACTION Motion by 2nd To Approve Disapprove Hold Over Freeway Landscaping - Memorandum of Understanding Staff is proposing approval of a Memorandum of Understanding with Caltrans to provide for the development of cooperative agreements for new landscaping in various areas along the freeway. I"t is recommended that the City Council authorize the City Manager to execute a Memorandum of Understanding with Caltrans for landscaping modifications along the San Bernardino Freeway. ACTION: Motion by 2nd by To Approve Disapprove Hold Over with the icultural Commissioner's This Agreement with the Los Angeles County Agricultural Commissioner's Office provides for the control of undesirable rodents at Galster Park. It is recommended that the City Council authorize the Mayor and City Clerk to execute an Agreement with the Los Angeles County Agricultural Commissioner's Office for them to provide for undesirable rodent control at Galster Park for a cost not to exceed $2,000.00 ACTION: Motion To Approve Dumping of Toxic Waste 2nd by Disapprove Hold Over This supplemental appropriation will provide funds for the disposal of one truck load of toxic waste. It is recommended that the City Council authorize an. appropriation of $7,000.00 from the General Fund contingency to Account Number 110-320-2230-6120. ACTION Motion by 2nd by To Approve Disapprove Hold Over -7- City Council Agenda October 12, 1987 Page Eight E. COWIUNITY SERVICES DIVISION F. I. 1) HUMAN SERVICES DEPARTMENT a) Annual Housing Assistance Plan The Annual Housing Assistance Plan describes local housing needs and goals and programs or actions undertaken to meet them. It is recommended that the City Council approve the 1987-1988 Annual Housing Assistance Plan and direct staff to submit the plan to the U.S. Department of Housing and Urban Development. ACTION Motion by 2nd by To Approve OPERATIONAL SERVICES DIVISION 1) PERSONNEL SERVICES Disapprove Hold Over. a) Issuance of Subpoenas by Legislative Body The purpose of this issue five subpoenas to personnel. It is the issuance of five Clerk to execute same. ACTION: Motion by report is to request to provide witnesses recommended that the subpoenas and direct 2nd by the City Council to in matters relating City Council approve the Mayor and City To Approve Disapprove Hold Over PUBLIC SAFETY DIVISION 1) POLICE DEPARTMENT a) Replica Firearms Ordinance The County of Los Angeles recently adopted an ordinance prohibiting the use of replica firearms in a rude or threatening manner. The Board of Supervisors has written to all City Councils in Los Angeles County requesting that they adopt a similar ordinance. The Chief of Police has reviewed the County ordinance and similar ordinance from Burbank and suggests no action be taken. It is recommended that the City Council receive and file this report. ACTION: Motion by H. CITY ATTORNEY 2nd by To Approve Disapprove Hold Over Closed session for litigation or personnel matters pursuant to Government Code Section 54930 et seq. I. REDEVELOPMENT AGENCY MEETING Recess the City Council meeting at P.M. to convene the Redevelopment Agency meeting. Reconvene the City Council meeting at P.M. 10 City Council Agenda October 12, 1987 40 Page Nine J. CITY MANAGER 1) 2) 3) Workers' Compensation Administration Agreement The City of West Covina periodically reviews its contract with their third party administrator. It is recommended that the City Council approve the agreement for workers' compensation administration with Colen and Lee. ACTION: Motion by 2nd by To Approve Disapprove Hold Over Surplus School Sites The West Covina Unified School District has declared its intent to sell two surplus school sites, and to conduct hearings to request waiver of the Naylor Act. It is recommended that the City Council authorize participation and testimony at the hearings. ACTION: Motion by 2nd by To Approve Sunset of City Commission Disapprove Hold Over On July 27, 1987, the City Council considered the potential sunsetting of the Transition/Waste Management Commission, and referred the matter back to the staff and City Attorney. Staff now presents for consideration an ordinance sunsetting the Commission. Because this is solely a matter Of City Council policy, staff makes no recommendation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING DIVISION 6 OF ARTICLE III OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE TRANSITION/WASTE MANAGEMENT COMMISSION. ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd by To Introduce Disapprove Hold Over 10 1 City Council Agenda . • Page Ten October 12, 1987 K. APPROVAL OF DEMANDS The City Council reviews and approves accounts payable by the City. These demands represent accounts payable since the most recent regular meeting of the City Council. ACTION: Motion To Approve Disapprove ROLL CALL: L. ORAL C014MNICATIONS 2nd by Hold Over This is the time for citizens to discuss items of interest with the City Council. Please feel free to come forward and present your thoughts, suggestions, concerns on any municipal matter. Citizens wishing to address Council should come forward to the podium at the request of the Mayor and state your name and address for the record. The City Council may, as a result of your inquiries, refer the matter to staff for further action. -10- City Council Agenda • • Page Eleven October 12, 1987 M. MAYOR'S REPORTS 1) Support for the Raiders' Move to Irwindale Mayor Chappell has requested Council discussion and potential action in support of the move of the Los Angeles Raiders to the City of Irwindale. ACTION: Motion by 2nd by To 2) City Manager Compensation Review Following a review of the City Manager's annual performance evaluation, the City Council will consider a potential adjustment in annual compensation for the City Manager. ACTION: Motion by 2nd To 3) Proclamations White Cane Safety Days, October 15, 1987 National Lupus Awareness Month, October, 1987 National Higher Education Week, October 24-31, 1987 Escrow Month, October,. 1987 N. COUNCILNENBER S' REPORTS 0. ADJOURNMENT ACTION: Motion by To adjourn the meeting at 2nd by P.M. -11-