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03-28-1988 - RegularREGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA A G E N D A Monday, March 28, 1988 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 Pastor Sidney Frazen, Immanuel First Lutheran ROLL CALL Chappell, Manners, Bacon, Tennant APPROVAL OF MINUTES Regular meeting of March 14, 1988 PRESENTATIONS Resolution of Commendation: To Councilmember Tennant from Assemblyman Bill Lancaster Proclamations: California Traffic Safety Week, May 22-28, 1988 National Telecommunicators Week, April 10-16, 1988 Missing and Exploited Children Month, April 1988 A. AGENDA COMMUNICATIONS 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 th3 Councll Age da f r the meeting of were posted in scoordanoe with the 1/87 Brown Act Amendmen S. Dated::��s�� ' ffice of the City Clerk .o • City Council Agenda 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 March 28, 1988 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 . . . . . . . . . . . . . . March 16, 1988 b) Personnel Commission . . . . . . . . . . . . . March 17, 1988 c) Transition/Waste Mgt. Commission. . . . . . . . March 17, 1988 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) Talebi Habibollah & Vahid - Ziba Claremont, CA 91711. dba Pizza Plus 106 N. Grand Avenue West Covina, CA 4) CLAIMS FOR ACTION (Deny and notify claimant) a) Albert B. Espinoza vs.City of West Covina On March 4, 1988, a claim for personal injuries was received by the City Clerk's Office. b) Kevin C. Valle vs City of West Covina On March 7, 1988, a claim for property damage amounting to $259.97 was received by the City Clerk's office. 5) APPROVAL OF FINAL MAPS (Approve and file) Parcel Map 18916 - Approve Final Map - Joseph Angiuli Joseph Angiuli is requesting final map approval in order to develop a portion of his parcel on the north side of Rowland Avenue between Sunset and Vincent Avenues. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 8170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE FINAL MAP OF PARCEL MAP NO. 18916. 6) TEMPORARY USE PERMITS (Receive and file) Temporary Use Permit No. 1779-88 approved for Macco Construction, north east corner of Azusa and Pioneer for equipment storage on March 1, 1988. Temporary Use Permit No. 1780-88 approved for Mandy Williams Oldsmobile, 2525 E. Workman, for balloons on March 12-13, 1988. Temporary Use Permit No. 1781-88 approved for West Covina Nissan, 1840 E. Garvey, for balloons on March 19, 1988. - 2 - City Council Agenda Page Three March 28, 1988 B. CONSENT CALENDAR Continued 7) ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) Unclassified Use Permit 346 On -Site Improvements - Safari Bar & Restaurant Location: Eastland Center Acknowledge completion of on -site improvements and authorize release of Cash Deposit in the amount of $5,800. Staff recommends release. b) Tract 39528 - Water Improvements - Citation Homes Location: East of Nogales, south of Amar. Accept water improvements and authorize release of American Insurance Company Faithful Performance Bond No. 6398396 in the amount of $74,500. Staff recommends release. c) Tract 39523 - Water Improvements - Walnut Venture Location: East of Nogales, south of Amar. Accept water improvements and authorize release of American Insurance Company Faithful Performance Bond No. 712 9274 in the amount of $ 11,200. Staff recommends release. d) SP-88111 - Street Improvements - Vernon Pavina Company Location: West Covina Parkway, Toluca to Glendora Avenue. Accept street improvements and authorize release of Seaboard Surety Insurance Company Faithful Performance Bond No. 14163487 in the amount of $193,193 subject to Notice of Completion procedure. Staff recommends release. 8) MISCELLANEOUS PUBLIC WORKS Lot Line Adjustment No. 64 - Garvey Investment Group Garvey Investment Group has requested a lot line adjustment involving their property, consisting of three lots. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 8171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 64 AND DIRECTING THE RECORDATION THEREOF. 9) TRAFFIC COMMITTEE MINUTES(MEETING OF MARCH 22, 1988(Accept and file) I. The City initiated request for development of a policy regarding installation of pedestrian push buttons on raised medians was approved. II. The request of Frank Taormina, Jr., for installation of a traffic signal at Amar and Westport was denied and mitigating measures 1 - 12 were approved as appropriate. III. The mitigating measures described in Item II recommended for immediate implementation in the vicinity of Amar and Westport are as follows: a) No right turns on red for northbound Temple at Amar between the hours of 7:00 A.M. and 9:00 A.M. b) Prohibition of "U" turns at Amar and Westport. c) Prohibition of parking on the east side of West port - between Amar and Greenleaf. d) Installation of a right -turn lane on Westport at Amar. IV. The City initiated request for review of parking restrictions on Holly Place between Cameron and Herring was held over. - 3 - City Council Agenda • Page Four March 28, 1988 B. CONSENT CALENDAR Continued 9) TRAFFIC COMMITTEE MINUTES Continued V. The request of G. J. Kidwell for review of sight distance and circulation patterns at 1517 West San Bernardino Road resulted in approval of an addition to the existing "No Stopping Any Time" zone at this location. VI. The City initiated request for relocation of the marked crosswalk at Sunset and Sunset Place was approved. VII. The City initiated request for left -turn phasing at Amar and Shadow Oak was approved. VIII. The request of Barbara Kekich requesting temporary closure of Valley Boulevard between the hours of 9:00 P.M. and 11:00 P.M. was approved subject to required conditions. IX. The request of Ken Cash for additional advance pavement messages and lane control sign on Cameron south of Pacific Avenue was approved. X. The request of Louis Mason for additional parking restrictions on the east side - of Lark Ellen south of Larkwood Street was approved. 10) ORDINANCE FOR ADOPTION (Waive reading and adopt) No items scheduled for this meeting. 11) CITY TREASURER'S REPORT FOR THE MONTH OF FEBRUARY, 1988 Treasurer's Report of cash balances and investments. (Receive and file) 12) AWARD OF BIDS Woodside Village Maint. District No. 4 - Landscape Maint. Contract This contract provides for Maintenance of Landscape, Natural Areas, Hardscape and Sprinkler Systems, including but not limited to Woodside Village Maintenance District No. 4. It is recommended that the City Council accept the bid of J & R Landscape Maintenance Co., Inc. of Pomona, in the amount of $448,980.00 annually and authorize the Mayor and City Clerk to execute an agreement with said J & R Landscape Maintenance Co., Inc. for the work to be performed. ACTION OF THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 12: Motion by d by To Waive further reading of the resolutions and adopt, and to APPROVE all other items, EXCEPT ROLL CALL: END OF CONSENT CALENDAR - a - City Council Agenda • Page Five March 28, 1988 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) Child Care Facilities - Amendment No. 218 Amendment No. 218 proposes amendments to the zoning ordinance as it relates to child care facilities. The proposed changes will bring the zoning ordinance into compliance with the State Health and Safety Code. 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 concur with the Planning Commission's recommendation 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, BY ADDING; ARTICLE II, SECTION 26-42.7, SECTION 26-37.5, AND SECTION 26-53.8; ARTICLE VI, DIVISION 7, SECTION 26-287 (a); AND BY AMENDING ARTICLE VI, DIVISION 1, SECTION 26-202 (c), SECTION 26-205 AND SECTION 26-206 (a); ARTICLE XI, SECTION 26-597; ARTICLE XII, DIVISION 5, SECTION 26-672 (a) AND SECTION 26-673 (c); AS THEY RELATE TO CHILD CARE FACILITIES. (Amendment No. 218) ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd by To Adopt Disapprove ROLL CALL: Hold Over - 5 - City Council Agenda C. HEARINGS Continued Page Six March 28, 1988 2) Proposed Amendment No. 209 To The West Covina Municipal Code Code Amendment No. 209 regulates the establishment of small automatic car washes in conjunction with automobile service stations. 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 and introduce an ordinance entitled as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE VI (DIVISION 3), ARTICLE XI, AS IT RELATES TO THE ESTABLISHMENT OF SMALL AUTOMATIC CAR WASHES IN CONJUNCTION WITH AUTOMOBILE SERVICE STATIONS. (Amendment No. 209) ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd by To Adopt ROLL CALL: Disapprove Hold Over • City Council Agenda C 41 HEARINGS Continued 3) Weed Abatement - 1988 Page Seven March 28, 1988 This request is the final step in the administrative process for the Weed Abatement Program. It asks the City Council to receive and file the Affidavit of Mailing, conduct a public hearing to hear any public protests, and order the abatement of weeds and rubbish. a) Verification of publication b) Open Hearing c) Presentation of staff report d) Public testimony e) Close hearing f) Council discussion g) Recommendation is that the City Council order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 8167. ACTION: Motion by 2nd by To Approve Disapprove Hold Over. PUBLIC WORKS DIVISION No items scheduled for this meeting. - 7 - City Council Agenda • Page Eight March 28, 1988 E. C0*1UNITY SERVICES DIVISION 1) COMMUNITY SERVICES DEPARTMENT a) Detachment of City Territory from the Consolidated Fire Protection The City is making application to the Local Agency Formation Commission for the detachment of land now in the City from the Los Angeles County Consolidated Fire Protection District. It is recommended that the City Council approve this action by the adoption of the following: RESOLUTION NO.. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR DETACHMENT OF TERRITORY FROM THE CONSOLIDATED FIRE PROTECTION DISTRICT. ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and To Adopt Disapprove Hold Over b) Fair Share Waste Management Program This is a report on the fair share waste management program in Los Angeles County which has been supported by the City of West Covina. It is recommended that the City Council reaffirm their position taken in 1987 to support fair share waste management and continue to encourage efforts to achieve a reasonable fair share waste management in Los Angeles County. ACTION: Motion by 2nd by To Approve Disapprove_ 2) BUILDING DEPARTMENT a) Memorial for Chester Shearer This report was requested by the City meeting. The report presents information to Councilman Shearer. It is recommended review the report and take the action policy. ACTION: Motion by To Approve 3) PLANNING 2nd by Hold Over Council at their last on a possible memorial that the City Council consistent with their Disapprove Hold Over a) Petition To Amend the Zoning Code (Mr. Moncada) The petition requests that the necessary steps be taken to allow the parking of a Los Angeles express tractor on residential lot. Staff recommends that the City Council take no action towards the initiation of an amendment to the Municipal Code to allow the parking or storing of commercial vehicles in residential zones. ACTION: Motion by 2nd To Approve Disapprove Hold Over - 8 - City Council Agenda F. OPERATIONAL SERVICES DIVISION G Im I 1) FINANCE DEPARTMENT Amendment To The Transient Occupancy Tax Ordinance Page Nine March 28,1988 Due to the fact that some hotels/motels are .habitually late in forwarding to us our Transient Occupancy Tax, staff is proposing an Ordinance which would increase. the penalty for second -time violators of the Transient Occupancy Tax to 50% of the tax due. 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 SECTION 21-50 OF THE WEST COVINA MUNICIPAL CODE TO INCREASE THE PENALTY FOR SECOND -TIME VIOLATORS OF THE TRANSIENT OCCUPANCY TAX. ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. PUBLIC SAFETY DIVISION Motion by 2nd by To Adopt Disapprove ROLL CALL: No items scheduled for this meeting. CITY ATTORNEY Hold Over Closed session for litigation or personnel matters pursuant to Government Code Section 54956 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. �1C • • City Council Agenda Page Ten March 28, 1988 J. CITY MANAGER 1) Foothill Transit Zone Over the past two years, several cities in the San Gabriel Valley have been working toward the formation of the Foothill Transit Zone, a separate transportation provider for the Valley. A draft Joint Powers Agreement and Proposed Rules are now before the City Council for consideration. It is recommended that the City Council approve the Joint Powers Agreement and Proposed Rules for the Foothill Transit Zone. ACTION: Motion by 2) Legislation 2nd by To Approve Disapprove Hold Over Two pieces of legislation are pending before the California Legislature and one issue is seeking a legislative remedy which requires Council action. ] 3838 would authorize the District Attorney to start civil action for enforcement of the Gann Limit. AB 4521 would restrict future Transient Occupancy Tax uses and place a two-thirds vote requirement. The League of California Cities has requested legislation to address the appointing process for selecting members to the district governing board of the South Coast Air Quality Management District. It is recommended that the City Council oppose AB 3838, AB 4521 and request Senator Presley to carry a bill to the Legislature which would add one seat to the SCAQMD Board for the City of Los Angeles and remove the City of Los Angeles from the Los Angeles City Selection Committee SCAQMD appointment process and establish an interim appointment process. ACTION: Motion by 2nd by To Approve Disapprove Hold Over 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 ROLL CALL: 2nd Disapprove Hold Over - 10 - City Council Agenda L. ORAL COM14UNICATIONS Page Eleven March 28, 1988 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. Please limit your comments to three minutes. City Council Agenda Page Twelve March 28, 1988 M. MAYOR'S REPORTS 1) City Council Vacancy The City Council will consider options to fill the vacancy in the office of Councilmember Chester E. Shearer. As a matter of Council policy, staff makes no recommendations. ACTION: Motion by 2nd by To 2) Resolution of Commendation Approval of Resolution of Commendation for Tina Sicuranzo. ACTION: Motion by 2nd by To N. COUNCILMEMBERS' REPORTS ADJOURNMENT ACTION: Motion by 2nd by To adjourn the meeting at P.M. - 12 -