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11-09-1987 - RegularIRGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA. - A G E N D A Monday, November 9, 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 Reverand Robert Beckstrom, Trinity Lutheran ROLL CALL Chappell, Manners, Shearer, Bacon, Tennant APPROVAL OF MINUTES Regular meeting of October 26, 1987 PRESENTATIONS Proclamations: Bill of Rights Week A. AGENDA COMMUNICATIONS Resolutions of Commendation: Police Corporal Gerald Schneider Police Corporal Philip Punchard 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 copies of the Council Agenda for the meeting of / $ were posted in acoo oe with the 1/87 Brown Act Amendments. Dated: y 8� p�h�ii Clerk City Council Agenda November 9, 1987 B. CONSENT CALENDAR 1) WRITTEN COMMUNICATIONS (Receive and file) No letters received for this meeting. 2) COMMISSION SUMMARY OF ACTIONS (Receive and file) Page Two 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) Planning Commission . . . . . . . . . . . . . .Nov. 4, 1987 b) Human Resources Commission. . . . . . . . . . .Oct. 22, 1987 c) Recreation & Parks Commission . . . . . . . . .Oct. 27, 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) JuiChia Lin dba Connie's Sandwich Corner Koutarng Lin 1730 E. Cameron Ave. San Dimas, CA West Covina, CA b) MT. Restaurants (California) Inc. dba Safari Covina 2917 Eastland Center Drive West Covina, CA c) Circle K Convenience dba Circle K Convenience Stores Stores Inc. West Covina 2540 West Amar Road West Covina, CA 4) CLAIMS FOR ACTION (Deny and notify claimant) a) Mercury Casualty Company vs City of West Covina On August 4, 1987, a claim for property damage and personal injury was received by the City Clerk's Office. The amount of claim had not been determined at time of presentation. b) James Richard Medina or west Covina On October 9, 1987, a claim for personal injuries amounting to $4,000,000.00 was received by the City Clerk's Office. c) Dallas Robert Borden vs City of West Covina On October 13, 1987, a claim for damages amounting to $150.00 was received by the City Clerk's Office. d) Rick P. Maloof vs City of West Covina On October 15, 1987, a claim for personal injuries was received by the City Clerk's Office. The amount of claim had not been determined at time of presentation. e) Lee Ann Olenkamp vs City of West Covina On October 22, 1987, a claim for personal injuries amounting to $1,000,000.00 was received by the City Clerk's Office. -2- City Council Agenda Page Three November 9, 1987 B. CONSENT CALENDAR Continued 5) TEMPORARY USE PERMITS (Receive and file) Temporary Use Permit 1750-87 approved for Mike Steele Trees, 744 S. Glendora, for Christmas tree sales from December 4, 1987 to December 25, 1987. Temporary Use Permit 1751-87 approved for Choice Trees, 163 S. California, for Christmas tree sales from December 2, 1987 to December 22, 1987. Temporary Use Permit 1752-87 approved for West Covina Mitsubishi, 1850 E. Garvey, for balloons on October 24, 1987. Temporary Use Permit 1753-87 approved for Tahoe Christmas Trees, 2141 S. Azusa and 909 N Azusa for Christmas tree sales from December 4, 1987 to December 25, 1987. Temporary Use Permit 1754-87 approved for Inland Christmas Trees, 530 N. Azusa, for Christmas tree sales from December 3, 1987 to December 24, 1987. Temporary Use Permit 1755-87 approved for Eastland Christmas Trees, 143 N. Barranca, for Christmas tree sales from December 1, 1987 to December 23, 1987. 6) ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) Tract 40799 - Public Works Improvements and Grading - La Solana Corporation Location: Southwest corner Fracisquito and Azusa Avenues Accept public works improvements and acknowledge completion of grading. Authorize release of Federal Insurance Company Faithful Performance Bonds #810625 in the amount of $54,800; #8106-31-98 in the amount of $30,000 and #8106-31-99 in the amount of $10,000. Staff recommends acceptance and release. 7) MISCELLANEOUS PUBLIC WORKS a) SP-88111 - Supplement No. 22 Local Agency -State Agreement The Program Supplement amends an existing Local -State Agreement by adding a Federally funded project to resurface West Covina Parkway from Toluca Avenue to Glendora Avenue. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 8116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUPPLEMENT NO. 22 LOCAL AGENCY -STATE AGREEMENT NO. 07-5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 22. -3- City Council Agenda • • Page Four November 9, 1987 B. CONSENT CALENDAR Continued 8) AWARD OF BIDS a) Removal of ect No. CTS-E This contract was previously awarded to Beck's Tree Service, who then refused to execute the contract. It is proposed to award this contract to the next lowest bidder of'West Coast Arborists for the sum of $2,750. It is recommended that the City Council accept the bid of West Coast Arborists of Buena Park for the amount of $2,750.00 and authorize the Mayor and City Clerk to execute an Agreement with West Coast Arborist for the work to be done. 9) MISCELLANEOUS a) b) on Ratification of Fireworks Display Staff of West Covina High School requested approval of a professionally conducted fireworks display as part of their annual Homecoming Game at West Covina High School football field on Friday evening, November 6, 1987. It is recommended that the City Council ratify the request for a fireworks display at West Covina High School on November 6, 1987. 9-1-1 This is a status report on the operation of our 9-1-1 Emergency Telephone system, which was requested by the Flayor as a follow-up to an article on 9-1-1 in the November issue of Readers Digest. It is recommended that the City Council receive and file this report. THE IR ITEMS 1 TH To Waive further reading of the resolution and adopt, and to APPROVE all other items, EXCEPT ROLL CALL: END OF CONSENT CALENDAR City Council Agenda • • Page Five November 9, 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) Landscape Maintenance of Sinqle-Family Residential ProDerties This Code amendment is designed to alleviate the concerns of the City Attorney and District Attorney regarding legal complications involved with the Planning Commission review of property maintenance infractions prior to referral of the case to the District Attorney. At the joint meeting of the City Council and Planning Commission on September 21, 1987, property maintenance options were reviewed and the City Council directed staff to continue with studies. This item, the most pressing of the issues under study, was recommended for approval through the unanimous adoption of Planning Commission Resolution No. 10-87-3577 on October 21, 1987. 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 VIII, DIVISION 2, AS IT RELATES TO LANDSCAPE MAINTENANCE OF SINGLE-FAMILY RESIDENTIAL PROPERTIES. (Amendment No. 215) ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd To Introduce Disapprove by Hold Over -5- City Council Agenda • • Page Six November 9, 1987 HEARINGS Continued 2) Amendment No. 212 Recycling Center Ordinance This Code amendment is in direct response to Assembly Bill 2020, the Beverage Container Recycling and Litter Reduction Act of 1986, which was designed to promote the recycling and reuse of beverage containers. The Act states that after December 31, 1987, all dealers who sell beverage containers which do not have a recycling facility sited in the convenience zone in which they are located, must either redeem the containers themselves, or face a fine of $100 per day until a certified recycling facility is established. The Draft Recycling Ordinance was presented at the October 21, 1987, Planning Commission meeting, and resulted in the unanimous recommendation of adoption to the City Council. 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 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 XI, BY AMENDING SECTION 26-597, AND ARTICLE XII, BY ADDING DIVISION 14, AS THEY RELATE TO RECYCLING REDEMPTION AND PROCESSING CENTERS. (Amendment No. 212) ACTION: Motion by 2nd by To WAIVE further reading of the,Ordinance. Motion by 2nd by To Introduce Disapprove Hold Over ME City Council Agenda • November 9, 1987 C. HEARINGS Continued 3) 0 ision to Page Seven The applicant, Mr. Jack Mazmanian, is requesting that the City Council set aside an October 21, 1987, decision of the Planning Commission which denied his request for a zone change from Open -Space (0-S) to Office -Professional (0-P) in the Freeway Corridor Overlay Zone, an accompanying request for a variance from lot -depth requirements, and a precise plan for a 10,294 square foot office building, on an 18,715 square foot site at 2635 East Garvey Avenue South. 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 set aside the recommendation and decision of the Planning Commission and direct staff to draft a resolution of approval of the zone change, variance, and precise plan of the project for adoption by the City Council at the next Council meeting ACTION: Motion by 2nd by To Approve Disapprove Hold Over -7- City Council Agenda • November 9, 1987 D. PUBLIC WORKS DIVISION No items scheduled for this meeting. E. COMMUNITY SERVICES DIVISION 1) HUMAN SERVICES DEPARTMENT a) Theme Shuttle - Award of Contract Staff is requesting approval of a of a theme shuttle service between the Restaurant Row/Eastland area. City Council: 1) authorize the Mayor to execute Community Transit Services for Covina Theme Shuttle. 2) Authorize the Human Services Description documentation to Transportation Commission for it ACTION: Motion Page Eight contract for the operation the Civic Center area and It is recommended that the a three-year Agreement with the operation of the West Director to submit Project the Los Angeles County approval. 2nd by To Approve Disapprove OPERATIONAL SERVICES DIVISION 1) FINANCE DEPARTMENT a) b) Amendment to Transient Occupancy Tax Ordinance Hold Over The Transient Occupancy Tax Ordinance contains some sections needing clarification as well as sections requiring additional working to enable enforcement. The proposed ordinance amendments accomplish these purposes. It is recommended that the City Council adopt the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 21, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXES. ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd To Introduce Disapprove Amendment to Purchasing Ordinance Hold Over The current purchasing ordinance, which establishes bidding limits for all purchases other than public works, has been in existence without change since 1960. Economic changes throughout these past 27 years have prompted staff to review this ordinance and to make recommendations for change. It is recommended that the City Council adopt the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-333 AND 2-334 OF THE WEST COVINA MUNICIPAL CODE REGARDING PURCHASING PROCEDURES. ACTION: Motion by 2nd by To WAIVE further reading of the Ordinance. Motion by 2nd by To Introduce 10 Disapprove Hold Over City Council Agenda • November 9, 1987 Page Nine G. PUBLIC SAFETY DIVISION No items scheduled for this meeting. J. CITY ATTORNEY Closed session for litigation or personnel matters pursuant. to Government Code Section 54930 et seq. 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. CITY MANAGER 1) 1988 Business License Fees The City Treasurer is requesting resolutions suspending: 1) C.P.I. fees, 2) a portion of the business and 3) all of the business license recommended that the City Council of the following resolutions suspending portions of the Business License Tax: that the City Council adopt increases on business license. license fee for Category A -II, fee for Category A -III. It is the City of West Covina adopt certain C.P.I. increases and RESOLUTION NO. - A RESOLUTION OF THE CITY 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 AVAILABLE CONSUMER PRICE INDEX FOR THE FISCAL YEAR 1987-88. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUSPENDING A PORTION OF THE CATEGORY A -II AND ALL OF THE CATEGORY A -III BUSINESS LICENSE TAXES IMPOSED ON OFFICE AND COMMERCIAL RENTALS. ACTION: Motion by 2nd by To WAIVE further reading of the Resolutions, and Adopt Disapprove Hold Over City Council Agenda • Page Ten November 9, 1987 CITY MANAGER Continued 2) 3) Consent to Joint Public Hearin -The Lakes Refer to Agency Agenda Item No. I The City Council and the Redevelopment Agency will consider consenting to a joint public hearing on the First Implementation Agreement to the Restated Disposition and Development Agreement between the Redevelopment Agency and Watt Investment Properties, Inc. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, 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 PROPERTIES, 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.) ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and Adopt Disapprove Hold Over Countywide Ambulance Services Los Angeles County has proposed a system of exclusive within the County for the provision of ambulance has prepared a report on this proposal and how it may services within West Covina. It is recommended that receive and file this report. ACTION: Motion To Approve Disapprove K. APPROVAL OF DEMANDS 2nd by franchise areas services. Staff impact ambulance the City Council Hold Over 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 by 2nd by To Approve Disapprove Hold Over ROLL CALL: -10- City Council Agenda • November 9, 1987 L. ORAL COHMNICATIONS • Page Eleven 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. -11- 9 80 City Council Agenda • November 9, 1987 Page Twelve M. MAYOR'S REPORTS Proclamation: National Bible Week California Hospice Month N. COUNCILNEMBERS' REPORTS 0. ADJOURNMENT ACTION: Motion by 2nd by To adjourn the meeting at P.M. to November 16, 1987 for a joint meeting with the Personnel Commission at 6:00 p.m.