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09-12-1988 - Regular�'- REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA A G E N D A Monday, September 12, 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 ROLL CALL APPROVAL OF MINUTES PRESENTATIONS A. HEARINGS Father Ray Smith, St. Martha's Episcopal Church Manners, Bacon, Lewis, McFadden, Tarozzi Adjourned regular meeting of August 15, 1988 Regular meeting of August 22, 1988 Resolutions of Commendation: Bill Ruch, Katherine Hanes, Helene Siemak InterCommunity Medical Center Chest Pain Emergency Unit NOTICE TO PUBLIC Hearings before the City Council are routinely set for 7:30 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) Certification of tKe Norma Avenue Environmental Impact Re The Environmental Impact Report encompasses a project which includes a General Plan Amendment and Zone Change of the project site and the subsequent development of automobile dealership uses. a) Reopen Hearing (Held over from August 22, 1988 Council meeting) b) Presentation of staff report c) Public testimony d) Close Hearing e) Council discussion f) Recommendation of the staff is that the City Council certify the Norma Avenue EIR and adopt a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NORMA AVENUE ENVIRONMENTAL IMPACT REPORT. ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and To Adopt Disapprove Hold Over. I certify that Copies of tha Council Agendaspr the meeting of 2 `�d- S- were posted in aCCordanCe with the 1/87 Brown Act Amendments. Dated: golf /ge- Ice of 160 City Clerk City Council Agenda • • September 12, 1988 Page Two A. HEARINGS Continued 2) General Plan Amendment II-88-3 Zone Change No. 613 Bozzani Motor Car Company The applicant is requesting approval of a General Plan Amendment from "Low Medium Residential" to "Service and Neighborhood -Commercial" and a Zone Change from "Single -Family Residential (R-1)" to "Service -Commercial (S-C)". a) b) c) d) e) f) Reopen hearing (Held over from August 22, 1988 Council meeting) Presentation of staff report Public testimony Close hearing Council discussion Recommendation of the staff is that the the Planning Commission's recommendations entitled: City Council concur with and adopt a resolution RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. II-88-3., (Bozzani Motor Car Company) ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and To Adopt Disapprove Hold Over and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 613 - Bozzani Motor Car Company) ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd by To Introduce Disapprove Hold Over EPA • 0 City Council Agenda September 12, 1988 Page Three A. HEARINGS Continued 3) General Plan Amendment II-88-5 Zone Change No. 614 West Covina Nissan The applicant is requesting approval of a General Plan Amendment from "Low Medium Residential" to "Service and Neighborhood -Commercial" and a Zone Change from "Single -Family Residential (R-1)" to "Service -Commercial (S-C)". a) Reopen hearing (Held over from August 22, 1988 Council meeting) b) Presentation of staff report c) Public testimony d) Close hearing e) Council discussion f) Recommendation of the staff is that the City Council concur with the Planning Commission's recommendations and adopt a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. II-88-5 (West Covina Nissan) ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and To Adopt Disapprove Hold Over and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 614 - West Covina Nissan) ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd b To Introduce Disapprove Hold Over - 3- City Council Agenda • • September 12, 1988 Page Four A. HEARINGS Continued 4) General Plan Amendment II-88-6 Zone Change No. 616 Hassen Import Partnership The applicant is requesting approval of a General Plan Amendment from "Low Medium Residential" to "Service and Neighborhood -Commercial" and a Zone Change from "Single -Family Residential (R-1) to "Service -Commercial (S-C)". a) Reopen hearing (Held over from August 22, 1988 Council meeting) b) Presentation of staff report c) Public testimony d) Close hearing e) Council discussion g) Recommendation of the staff is that the City Council concur with the Planning Commission's recommendation and adopt a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. II-88-6. (Hassen Import Partnership) ACTION: Motion by 2nd by To WAIVE further reading of the Resolution, and To Adopt Disapprove Hold Over and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 616 - Hassen Import Partnership) ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd To Introduce Disapprove Hold Over -4- City Council Agenda • • September 12, 1988 Page Five A. HEARINGS Continued 5) General Plan Amendment II-88-4 (Formerly GPA III-88-4) Zone Change No. 615 Negative Declaration of Environmental Impact. West Covina Redevelopment Agency The applicant is requesting a General Plan Amendment from "Low -Medium Residential" to "Office"; and a Zone Change from "Single -Family Residential (R-1), Area District III" to "Office -Professional (0-P)." 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 and adopt resolutions certifying the Negative Declaration of Environmental Impact and approving the General Plan Amendment, and introduce an ordinance entitled: . RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. II-8-4 AND ZONE CHANGE NO. 615 (West Covina Redevelopment Agency) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. II-88-4 (Land Use Element) TO THE GENERAL PLAN (Formerly GPA No. III-88-4) (West Covina Redevelopment Agency) ACTION: Motion by 2nd by To WAIVE further reading of the Resolutions, and To Adopt Disapprove Hold Over AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 615 - West Covina Redevelopment Agency) 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 • • September 12, 1988 Page Six A. HEARINGS Continued 6) 1987-88 Community Development Grantee.Performance Report Summary This annual report provides an evaluation of the City's 1987-88 Community Development Program and an opportunity for citizens to review and comment on last year's activities. 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 discuss and receive and file the 1987-88 Community Development Grantee Performance Report. ACTION: Motion by 2nd by To Approve Disapprove Hold Over 7) Municipal Code and Uniform Fire Code Amendments As directed by Council, amendments to the Municipal Code and Uniform Fire Code, 1985 Edition, have been prepared for adoption as it relates to a ban on Safe and Sane Fireworks. State law requires that the City Council hold a public hearing prior to adoption. 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 adopt the following Ordinance: ORDINANCE NO. 1790 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE TO PROHIBIT THE SALE, USE, AND DISCHARGE OF SAFE AND SANE FIREWORKS. ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd by To ADOPT Disapprove Hold Over ROLL CALL: 10 City Council Agenda September 12, 1988 Page Seven B. AGENDA AND ORAL COMMUNICATIONS ( 15 MINUTES ) NOTICE TO PUBLIC At this time the City Council will receive comments on any non -hearing item found on the Agenda. When recognized by the Mayor, please come forward to the podium and give your name, address and Agenda item you wish to discuss. Your comments will be addressed at the time the Agenda item is considered. Please limit your comments to three minutes. Upon conclusion of Agenda Communications, the Council may allow a period of time to receive comments on any other municipal matter not found on the Agenda. When recognized by the Mayor, please come forward to the podium and give your name, address, and subject matter you wish to discuss. Please limit your comments to three minutes. After a total of fifteen minutes of Agenda and Oral Communications, Oral Communications will be continued later on the Agenda. -7- City Council Agenda • • SeptemVage'b g�188 C. CONSENT CALENDAR 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. 1) WRITTEN COMMUNICATIONS (Receive and file) Request received from the West Covina Chamber of Commerce to use the Senior Citizens Center and serve beer and wine for the 1988 Citizen of the Year Award Banquet scheduled for November 10, 1988. 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) Planning Commission . . . . . . . . . . . . . . .Sept. 7, 1988 b) Personnel Commission . . . . . . . . . . . . . .Sept. 6, 1988 c) Human Resources Commission. . . . . . . . . . . .Aug. 25, 1988 d) Recreation & Parks Commission . . . . . . . . . .Aug. 23, 1988 e) Transition/Waste Mgt. Commission. . . . . . . . .Aug. 18, 1988 3) CLAIMS FOR ACTION (Deny and notify claimant) a) Robert A. Joyce vs City of West Covina On August 23, 1988, a claim for property damages amounting to $10,250.00 was received by the City Clerk's office. b) Victor Donatto vs City of West Covina On August 8, 1988, a claim for wrongful arrest, false imprisonment, assault and battery amounting to $1,000,000.00 was received by the City Clerk's office. c) William L. Flynn vs City of West Covina On August 5, 1988, a claim for personal injuries amounting to $785,000.00 was received by the City Clerk's office. 4) TEMPORARY USE PERMITS (Receive and file) Temporary Use Permit No. 1822-88 was issued to Mission Chrysler, 298 N. Azusa, for balloons on August 20-21, 1988. Temporary Use Permit No. 1823-88 was issued to Southland Motors, 2010 E. Garvey, for balloons on August 20-21, 1988. Temporary Use Permit No. 1824-88 was issued to West Covina Toyota, 821 S. Glendora, for balloons on August 27-28, 1988. Temporary Use Permit No. 1825-88 was issued to Southland Motors, 2010 E. Garvey, for balloons on August 27-28, 1988. in City Council Agenda • • September 12, 1988 Page Nine C. CONSENT CALENDAR Continued 5) ACCEPTANCE OF IMPROVEPMENTS AND/OR RELEASE OF BONDS Precise Plan 459 - Gradino - McDonald's Location: North side of Valley Boulevard, west of Nogales. Acknowledge completion of on -site grading and authorize the release of Cash Deposit in the amount of $23,000. Staff recommends release. 6) MISCELLANEOUS PUBLIC WORKS a) Annual Water Report (Informational) This report summarizes Water Department's operation for the 1987-88 Fiscal Year. Recommendation is to receive and file the informational report. b) State Street - Street Vacation - The Lakes In order to facilitate the construction of the Marriott Hotel, the Redevelopment Agency is requesting the vacation of a portion of State Street, an agreement to purchase said portion of State Street and a Grant Deed for the portion vacated. It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 8228 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VACATING AND ABANDONING A PORTION OF A STREET WHICH IS EXCESS RIGHT-OF-WAY (STATE STREET). RESOLUTION NO. 8229 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE SALE OF THE FORMER STATE STREET TO THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA. c) Vincent Avenue Interchange - Modification A In 1984, the City entered into an agreement for improvements at the Vincent Avenue eastbound offramp. These improvements were scheduled to be completed by July, 1990; however, due to unforeseen circumstances they cannot be completed before July, 1995. A resolution approving an amended cooperative agreement to the original agreement is necessary to extend the Cooperative Agreement. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 8230 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AGREEMENT NO. 3639A-1 WITH THE STATE OF CALIFORNIA. Q'E City Council Agenda • • September 12, 1988 Page Ten C. CONSENT CALENDAR Continued 7) ORDINANCES FOR ADOPTION (Waive reading and adopt) Four ordinances were introduced at the August 22, 1988 City Council meeting which are now before the City Council for final adoption. These ordinances change the name and the scope of the Transition/Waste Management Commission; allow the police to charge a fee for repeated police responses to govern loud parties; modify the curfew ordinance; and limit Commissioner appointments to three terms. ORDINANCE 1786 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING DIVISION 6, OF ARTICLE 2 OF THE WEST COVINA MUNICIPAL CODE AND AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING DIVISION 6 TO ARTICLE 2, ESTABLISHING THE WASTE.MANAGEMENT AND ENVIRONMENTAL QUALITY COMMISSION. ORDINANCE 1787 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING A CHARGE FOR USE OF POLICE PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES. ORDINANCE 1788 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-8 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CURFEW RESTRICTIONS FOR MINORS. ORDINANCE 1789 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING LIMITATIONS ON TERMS OF OFFICE FOR CITY COMMISSIONERS. 8) AWARD OF BIDS TS-89111 - Minor Signal Modifications This project consists of the installation of protected left -turn phasing for eastbound Cameron at Fernwood and installation of a new signal cabinet. The construction cost is $15,589. It is recommended that the City Council take the following actions: a) Transfer $17,000 from Project TS-89101 (Account #161-320-3901-7800) to Project TS-89110 (Account #161-320-3913-7800). b) Accept the bid of Steiny and Company of Fullerton in the amount of $15,589 as submitted at the bid opening on September 1, 1988, and authorize the Mayor and City Clerk to execute an Agreement with said Steiny and Company for the work to be done. ACTION OF THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 8: Motion by 2nd To Waive further reading of the ordinances and resolutions and adopt, and to APPROVE all other items, EXCEPT ROLL CALL: END OF CONSENT CALENDAR -10- City Council Agenda • September 12, 1988 Page Eleven D. PUBLIC WORKS DIVISION 1) MP-89111 - Approve Plans and Specifications - Bus Shelter Improvements The bus shelters are required to protect waiting passengers from adverse weather conditions. The estimated total project cost is $50,000. It is recommended that the City Council take the following actions: a) Establish City Project MP-89111. b) Approved plans and specifications for City Project MP-89111 and authorize the City Engineer to call for bids. ACTION: Motion by 2nd by To Approve Disapprove Hold Over 2) Ordinance Introduction - Puente Avenue and Lark Ellen Avenue Speed Zones In order to implement the Council approved speed zones on Puente Avenue and Lark Ellen Avenue, it is necessary to modify the Municipal Code. It is recommended that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 22-131 AND 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES AND DECREASES OF STATE LAW MAXIMUM SPEEDS. ACTION: Motion by 2nd by To WAIVE further reading of the ordinance. Motion by 2nd by To Introduce Disapprove Hold Over. E. COMMUNITY SERVICES DIVISION 1) COMMUNITY SERVICES DEPARTMENT a) Sludge Test Report The Transition/Waste Management Commission, as directed by the City Council, reviewed lab analyses results and reports from the State regulatory agencies on the sewage sludge being deposited at the BKK Landfill. Staff recommends that the City Council: 1) Accept and file the report from the Transition/Waste Management that the Commission reports to the City Council, that based on the findings from the California Department of Health Services and the California Water Quality Control Board, Los Angeles Region, which reviewed the sludge test results and their regulations, the sewer sludge from the City of Los Angeles is recognized as a nonhazardous waste according to these agencies, the sludge does not pose a health hazard in being deposited in the Class III disposal area of the BKK Landfill. 2) Authorize staff to obtain a schedule from the City of Los Angeles, on implementing alternatives to landfill disposal of sewage sludge and report to the City Council for City Council consideration of the need for a meeting with representatives from the City Councils of West Covina and Los Angeles. ACTION: Motion by 2nd by To Approve Disapprove Hold Over -11- City Council Agenda ` • September 12, 1988 Page Twelve E. COMMUNITY SERVICES DIVISION Continued 2) PLANNING DEPARTMENT a) Code Amendment Request Mr. George Kasem on behalf of his client, Dr. Drosdada Badillo, is requesting that the City Council initiate a code amendment which would allow the sale of alcoholic beverages in all service stations in the City, and to increase the sales area of retail goods allowed in service stations. Staff recommends that the City Council deny the request to amend the code which regulates square footage restrictions and the sale of alcoholic beverages in service stations. ACTION: Motion by 2nd by To Approve Disapprove Hold Over. F. OPERATIONAL SERVICES DIVISION 1) FINANCE DEPARTMENT a) Purchase of Equipment for the Maintenance Department Due to the excellent results we have had in the last three cooperative bids with Los Angeles County, City of Los Angeles and County of Riverside, we are recommending waiver of the formal bid procedures, and request approval to purchase equipment along with the City of Whittier. It is recommended that the City Council: 1) Waive the formal bid procedures for the purchase of a loader/backhoe. 2) Authorize staff to purchase a new 1988 John Deere JD310C loader/backhoe, utilizing the City of Whittier's Bid No. 87/88-88 from Coastline Equipment for $44,719.35 including tax. ACTION: Motion by 2nd To Approve Disapprove Hold Over C -12- City Council Agenda • • September 12, 1988 Page Thirteen F. OPERATIONAL SERVICES DIVISION Continued G. im I 2) PERSONNEL DEPARTMENT a) Extension of Leave of Absence 4lithout Pay - Mary Helen Salazar Senior Communications Operator, Mary Helen Salazar, is requesting an extension of her leave of absence without pay to allow time for a complete recovery before resuming her duties. It is recommended that the City Council authorize a 58 day extension of the leave of absence without pay for Mary Helen Salazar, effective September 4, 1988 and ending October 31, 1988. ACTION: Motion by 2nd by To Approve Disapprove Hold Over. PUBLIC SAFETY DIVISION No items are scheduled for this meeting. FISCAL SERVICES DIVISION No items are scheduled for this meeting. CITY ATTORNEY Closed session for litigation or personnel matters pursuant to Government Code Section 54956 et seq. J. 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. K. CITY MANAGER 1) Selection of National League of Cities Voting Delegate The National League of Cities has requested the City Council to designate a voting delegate and alternate to cast votes on behalf of the City at the League's annual conference. It is recommended that the City Council designate the Mayor as voting delegate and the Mayor Pro Tem as the alternate. ACTION: Motion by 2nd To Approve Disapprove Hold Over -13- City Council Agenda • • L. APPROVAL OF DEMANDS September 12. 1988 Page Fourteen 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: M. ORAL COMMUNICATIONS N. MAYOR'S REPORTS 1) Southern California Water Committee (Held over from August 22, 1988) Mayor Manners Has requested that the Council reconsider the appropriation of $750.00 to the Southern California Water Committee. It is recommended that the City Council appropriate funds for continued membership in this organization. ACTION: Motion by 2nd by To Approve Disapprove Hold Over 2) Proclamation - CONSTITUTION WEEK (9/17 - 9/22) 0. COUNCILMEMBERS' REPORTS P. ADJOURNMENT ACTION: Motion 2nd by To adjourn the meeting at P.M. -14- CITY COUNCIL CALENDAR Monday September 26, 1988 7:30 P.M. Regular City Council meeting Monday October 3, 1988 6:30 P.M. Recycling and Waste Management Options Monday October 10, 1988 7:30 P.M. Regular City Council meeting Monday October 24, 1988 7:30 P.M. Regular City Council meeting Saturday November 12, 1988 8:00 A.M. Goals. City Council Retreat. Kellogg West. Monday November 14, 1988 7:30 P.M. Regular City Council meeting Monday November 21, 1988 6:30 P.M. Property Maintenance Monday November 28, 1988 7:30 P.M. Regular City Council meeting Monday December 12, 1988* 7:30 P.M. Regular City Council meeting Monday December 26, 1988* 7:30 P.M. Regular City Council meeting * Subject to change