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04-19-1994 - RegularREGULAR MEETING OF THE CITY COUNCIL WEST COVINA, CALIFORNIA Tuesday 7:30 p.m. April 19, 1994 Council Chambers AGENDA Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City complies with the Americans With Disabilities Act (ADA). If you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please call (818) 814-8433 (voice) or (818) 960-4422 (TTY) from 8 a.m. to 5 p.m. Monday through Friday for assistance. Please call at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services or use of hearing impaired aide at Council meetings, four working days may be required. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Proclamations Reverend Don Bommarito United Methodist Church Jennings, Wong, Herfert, McFadden Manners, West Covina Beautiful Month/April, 1994 Occupational Health Month/April, 1994 "All For The Love Of Kids Day" April 21, 1994 Earth Week - April 22-28, 1994 Hire A Veteran Week - May 1-7, 1994 Presentations California society of Municipal Finance Officers/Award for: "Excellence - 1993-94 Operating Budget" "Outstanding Financial Reporting 1992-93 A) HEARINGS 1) Continued Joint Public Hearing on the Proposed Disposition and Development Agreement between the West Covina Redevelopment Agency and Zelman Development Company (Refer to Agency Agenda Item No. I) (Continued from April 5, 1994) On April 5, 1994, the Redevelopment Agency and City Council opened a public hearing on the proposed Disposition and Development Agreement between the Redevelopment Agency and Zelman Development Co., which provides for the sale of the property located at the corner of Garvey Avenue South and State Street. Zelman has proposed to construct three buildings totaling 95,000 square feet. Due to the filing of an appeal by West Covina Lakes Associates, the hearing was continued to April 19. It is recommended that the public hearing be continued to May 17, 1994. certify that copies of the Motion by )f 54� r the ostea p - were poets9 rove accordance with the 1/87 Brown let Amendments. u^q;Ytb" Dated: disapprove 2nd by hold over to Office of the City Clerk City Council Agenda April 19, 1994 A) HEARINGS (Continued) 2) Appeal of Planning Commission Decision to Approve Precise Plan No. 794, Revision 4, unclassified Use Permit No. 457, Variance No. 993, and to Certify the Negative Declaration of Environmental Impact. (Zelman Retail Partners) The applicant is requesting approval of a precise plan of design to allow the construction of a 95,000± square foot commercial shopping center,, an unclassified use permit to allow an outdoor seating area fora cappuccino bar in conjunction with a major tenant, and a variance to allow an attached wall sign which exceeds the maximum allowable sign area located on a 7.09 acre site in the Regional Commercial (RC) zone. a) Verication 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 continue the public hearing on Precise Plan No. 794, Revision 4, Unclassified Use Permit No. 457, Variance No. 993, and certification of the Negative Declaration of Environmental Impact to the City Council meeting of May 17, 1994. Motion by 2nd by to approve disapprove hold over agndaO4119190 • City Council Agenda April 19, 1994 B) AGENDA AND ORAL COMMUNICATIONS (30 MINUTES) At this time the City Council will first receive comments on any item (except public hearing matters) found on the Agenda, including items on the,Consent Calendar. 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 may be addressed when the agenda item is discussed by the Council. Upon conclusion of comments regarding agendized items, if the thirty minutes allotted for citizen comments is not completed, comments on any other municipal matter will be allowed. The Ralph M. Brown Act limits the City Council's and staffs ability to respond to comments on non-agendized matters at the time such comments are made. Thus, your comments may be agendized for a future meeting or referred to staff. To assist us in properly recording your name or in contacting you, we ask you to enter your name and address on the speaker's sheet at the podium. This action is voluntary and is not a prerequisite to attending the meeting or speaking to the Council. agndaO4/19/94 City Council Agenda April 19, 1994 C) CONSENT CALENDAR 1) Written Communications None received. 2) Commissions' Summary of Actions (Receive and File) No items scheduled for this meeting. 3) Claims for Action (Deny and notify claimant) a) Robert Phillip Chrysler vs City of West Covina On February 26, 1994, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. b) Cecelia Hoof vs City of West Covina On February 28, 1994, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. c) Shansi Hoof vs City of West Covina On February 28, 1994, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. d) Delois Hoof vs City of West Covina On February 28, 1994, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. e) Walter Lee Hoof vs City of West Covina On February 28, 1994, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. f) John P. Moore vs City of West Covina On December 29, 1993, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. g) Azusa Hayashi, Megumi Katsumata vs City of West Covina The City Clerk's Office received a claim for property damages amounting to $1,027.76 on January 28, 1994. agnda04119194 4 City Council Agenda April 19, 1994 C) CONSENT CALENDAR (Continued) 3) Claims for Actions (Deny and notify claimant) (Continued) h) Jennifer Montenegro vs City of West Covina On. February 3, 1994, the City Clerk's Office received a claim for property damage amounting to $150.00. i) Stephen Craig Hancock vs City of West Covina On February 1, 1994, the City Clerk's Office received an application for leave to present a late claim for personal injuries. The amount of claim had not been determined at time of presentation. j) City of Walnut vs City of West Covina On February 22, 1994, the City Clerk's Office received a claim for partial and total indemnification pertaining to a lawsuit filed against claimant for general negligence and premises liability. k) Mohammed Riaz and Raihana TRS Riaz Family Trust vs City of West Covina On March 3, 1994, the City Clerk's Office received a claim for indemnification regarding a lawsuit filed against them by Satellite Management Company, Inc. 1) Jack Wilson Construction vs City of West Covina On March 23, 1994, the City Clerk's Office received a claim for spoliation of evidence. The amount of claim had not been determined at time of presentation. m) Jack Wilson Construction Co. vs Citv of West Covina On March 23, 1994, the City Clerk's Office received an application for leave to present a late claim for spoliation of evidence. The amount of claim had not been determined at time of presentation.. n) Jack Wilson Construction Co. vs City of West Covina On March 23, 1994, the City Clerk's Office received an application for leave to present a late claim for indemnification. o) Jack Wilson Construction Co. vs City of West Covina On March 23, 1994, the City Clerk's Office received an application for leave to present a late claim for indemnity based upon attorney malpractice. agadaW19194 5 • 0, City Council Agenda April 19, 1994 C) CONSENT CALENDAR (Continued) 4) Approval of Final Maps (Adopt Resolution) Parcel Map No. 22695 - Approve Final Map - San Gabriel The San Gabriel Valley Tribune is requesting Final Map approval in order to consolidate newly acquired parcels into one parcel to accommodate the expansion of their new facilities. 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, APPROVING FINAL MAP OF PARCEL MAP NO. 22695 AND DIRECTING THE RECORDATION THEREOF. (SAN GABRIEL VALLEY TRIBUNE) 5) Ordinance(s) for Adoption (Waive reading and adopt) At the April 5, 1994 City Council meeting three ordinances were introduced and are before the City Council for adoption. It is recommended that the City Council adopt the following ordinances: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN INSTALLMENT SALE AGREEMENT BETWEEN THE CITY AND THE WEST COVINA PIIBLIC FINANCING AUTHORITY, AND APPROVING RELATED DOCUMENTS AND ACTIONS ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A PERMIT PROCESS AND REGULATIONS FOR ADULT ORIENTED BUSINESSES AND AMENDING CHAPTER 15 (MISCELLANEOUS PROCEDURES RELATING TO PIIBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE AS'IT PERTAINS TO PUBLIC INDECENCY. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CHAPTER 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH REGULATIONS ON THE PLACEMENT, DESIGN, APPEARANCE, AND SERVICING OF PUBLICATION VENDING MACHINES. 6) Award of Bids a) Use of Redevelopment Agency Tag Increment Funds to Construct Public Improvements on Vincent Avenue (Refer to Agency Agenda Item No. II) The City Council shall consider findings as required under the California Redevelopment Law, Section 33445, to enable the use of tax increments for the purpose of construction of public improvements. The public improvements are a part of the reconstruction of Vincent Avenue. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. COUNCIL OF THE CITY WITH RESPECT TO IMPROVEMENTS BY TH CITY OF WEST COVINA. agndaNII9194 6 E - A RESOLUTION OF THE CITY OF WEST COVINA MAKING FINDINGS THE FINANCING OF PUBLIC REDEVELOPMENT AGENCY OF THE City Council Agenda April 19, 1994 C) CONSENT CALENDAR (Continued) 6) Award of Bids (Continued) b) City Project SP-93118 - Vincent Avenue Improvements Ten (10) bids were received and opened on Tuesday, April 5, 1994, for this project which provides for the construction of concrete pavement and median landscaping on Vincent Avenue from the eastbound freeway ramps (I-10) southerly to West Covina Parkway. The lowest responsible bid was $588,130.20, from Mobassaly Engineering, Inc. of Azusa. It is recommended that the City Council take the following actions: i) Transfer $56,000 from City Project SP-94106 to City Project SP-93118; ii) Transfer $153,897.91 and $79,102.09 from Redevelopment Agency's Streetscape and C.F.D. Rent Funds, respectively, to City Project SP- 93118 (total transfer is $233,000); iii) Accept the bid of Mobassaly Engineering, Inc. of Azusa in the amount of $588,130.20 as submitted at the bid opening on April 5, 1994, and authorize the Mayor and the City Clerk to execute an agreement with said Mobassaly Engineering, Inc. for the work to be done. 7) Miscellaneous Building/Engineerinq Department a) Construction Activity Report These reports are to provide the City Council with a summary of major building construction activity as reflected by issued Building Permits and Citywide Construction Activity for the quarter ending March 31, 1994. It is recommended that the City Council receive and file this report. Redevelopment Agency b) Appointment of the Advisory Board for the West Covina Auto Plaza Business Improvement District The City Council will consider a resolution which appoints the members of the West Covina Auto Plaza Association, Inc. to be the Advisory Board for the West Covina Auto Plaza Business Improvement District. 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 TO APPOINT THE MEMBERS OF THE WEST COVINA AUTO PLAZA ASSOCIATIONO INC. TO BE THE ADVISORY BOARD FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT. agndaNI19/94 7 City Council Agenda April 19, 1994 C) CONSENT CALENDAR (Continued) 7) Miscellaneous (Continued) Fire Department c) Weed Abatement - 1994 This request provides for the lawful and safe removal of dangerous and/or noxious weeds and trash from vacant improved properties and vacant unimproved properties in the City of West Covina during the 1994 calendar year. It is recommended that the City Council take the following actions: i) Approve the Weed Abatement Roll for the Calendar Year 1994, and adopt the following resolution for the 1994 Weed Abatement Program: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING 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 13, ARTICLE 2, OF THE GOVERNMENT CODE. ii) Set May 3, 1994 as the date for hearing of any objections or protests to said program. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 7: Motion by 2nd by to waive further reading of the ordinance (s) /resolution (s) and to introduce/adopt, as applicable, and to approve all items listed except ROLL CALL: END OF CONSENT CALENDAR agn&04119194 8 City Council Agenda April 19, 1994 D) PUBLIC WORKS SERVICES 1) City Project GP-94304 - Approval of Plans and Specifications for New Floor Covering at Senior Center The project consists of removing and replacing the existing deteriorated vinyl asphalt tile flooring and the carpet at the Senior Center located in Cortez Park. The estimated cost of the project is $24,000. It is recommended that the City Council approve the Plans and Specifications for City Project GP-94304, and authorize the Maintenance Director to call for bids. Motion by 2nd by to approve disapprove hold over 2) Los Angeles County Regional Park and Open Space District - Competitive Grants Applications A portion of the Parks Proposition A approved by the voters of Los Angeles County provides for various forms of competitive grants. Staff has compiled applications for four grants under three categories of the competitive program. It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESOLUTION NO. 9054 AND APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT GRAFFITI PREVENTION COMPETITIVE GRANT PROGRAM FOR THE CITY PARK RESTROOM ANTI -GRAFFITI COATING. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESOLUTION NO. 9055 AND APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAILS ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR GALSTER PARK TRAILS. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARR AND OPEN SPACE DISTRICT TREE PLANTING IN PUBLIC PLACES COMPETITIVE GRANT PROGRAM FOR THE CAMERON AVENUE PARK SITE GROVE OF TREES. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAILS ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR CAMERON PARK SITE TRAILS. Motion by 2nd by to waive further reading of the resolutions and to adopt disapprove )fold over E) WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting. agidaWI9194 • 0 City Council Agenda April 19, 1994 F) No items scheduled for this meeting. G) COMMUNITY DEVELOPMENT SERVICES H) I) J) R) L) 1) Redevelopment Agency Recess the City Council meeting at p.m. to convene the Redevelopment Agency meeting. Reconvene the City Council meeting at p.m. HUMAN SERVICES No items scheduled for this meeting. PUBLIC SAFETY SERVICES No items scheduled for this meeting. No items scheduled for this meeting. GENERAL ADMINISTRATION City Attorney Closed session to discuss litigation matters pursuant to Government Code §54956.9(a) City of West Covina vs BRR. 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. Motion by approve disapprove ROLL CALL: M) ELECTION MATTERS 2nd by hold over to 1) Certificate of Canvass of the General Municipal Election of April 12, 1994 The City Clerk's Office has prepared the official results of the General Municipal Election of April 12, 1994. Recommendation is to adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD APRIL 12, 1994, DECLARING THE RESULTS AND OTHER SUCH MATTERS AS PROVIDED BY LAW Motion by 2nd by to waive further reading of the resolution and to adopt disapprove hold over agMaW I9/90 10 City Council Agenda April 19, 1994 M) ELECTION MATTERS (Continued) 2) Closing Council Comments 3) Oath of Office for City Councilmembers 4) Council Comments 5) Reorganization of City Council a) Election of Mayor (City Clerk to conduct) b) Election of Mayor Pro Tem (Mayor to conduct) c) Designation of Alternate to L.A. County Sanitation District Board N) ORAL COMMUNICATIONS O) MAYOR'S REPORTS agndaWI9/94 11 City Council Agenda April 19, 1994 P) COUNCILMEMBERS' REPORTS Q) ADJOURNMENT Motion by I 2nd by to adjourn the meeting at am/pm to Wednesday, April 20, 1994 at 5:00 pm in the City Manager's Conference Room. CITY COUNCIL MEETING SCHEDULE Tuesday May 03, 1994 7:30 pm Regular Meeting Tuesday May 17, 1994 7:30 pm Regular Meeting agndO4119/94 12 f