05-17-1994 - RegularREGULAR MEETING OF THE CITY COUNCIL
WEST COVINA, CALIFORNIA
Tuesday 7:30 p.m.
May 17, 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.
Reverend Doug Wilson
Bethany Baptist Church
PLEDGE OF ALLEGIANCE
ROLL CALL McFadden, Herfert, Manners, Touhey, Wong
APPROVAL OF MINUTES Special meetings of 4/30/94 & 5/2/94
Special meeting of 5/3/94
Regular meeting of 5/3/94
Proclamations National Transportation Week
May 15-22, 1994
Emergency Medical Services Week
May 15-21, 1994
A) HEARINGS
1) 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. (2elman 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, a conditional use permit to
allow an outdoor seating area for a cappuccino bar in
conjunction with a major tenant, and a variance to allow
an attached wall sign which exceeds the maximum allowable
sign area and identifies tenants of other lease spaces
located on a 7.09 acre site in the Regional Commercial
(RC) zone. The project requests were approved by the
Planning Commission on March 8, 1994 and subsequently
were appealed by Watt Investment Properties, the adjacent
property owner.
a) Verification of publication I certify that copies of the
b) Open hearing Council Agenda for the meeting
c) Presentation of Staff Report of S'17- 9 were posted in
d) Public testimony accordance with the 1/87 Brown
Act Amendments.
Da
Office of the city Clark,.
City Council Agenda
May 17, 1994
A) HEARINGS (Continued)
1) 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)
(Continued)
e) Close hearing
f) Council discussion
g) Recommendation is that the City Council affirm the
decision of the Planning Commission by approving
Precise Plan No. 794, Revision 4, Conditional Use
Permit No. 457, Variance No. 993, and certifying
the Negative Declaration of Environmental Impact.
Motion by 2nd by to
approve disapprove hold over
and
Adopt the following resolutions:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE
DECISION OF THE PLANNING COMMISSION TO CERTIFY THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PRECISE
PLAN NO. 794, REVISION 4, AND CONDITIONAL USE PERMIT NO.
457, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970, AS AMENDED.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE
DECISION OF THE PLANNING COMMISSION TO APPROVE PRECISE
PLAN NO. 794, REVISION 41 (ZELMAN RETAIL PARTNERS).
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE
DECISION OF THE PLANNING COMMISSION TO APPROVE
CONDITIONAL USE PERMIT NO. 457 (ZELMAN RETAIL PARTNERS).
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AFFIRMING THE
DECISION OF THE PLANNING COMMISSION TO APPROVE VARIANCE
NO. 993. (ZELMAN RETAIL PARTNERS).
Motion by 2nd by
to waive further reading of the resolutions and to
adopt disapprove hold over
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City Council Agenda
May 17, 1994
A) HEARINGS (Continued)
2) Joint Public Hearing on the Proposed Disposition and
Development Agreement Between the West Covina
Redevelopment Agency and Zelman Development Company
tRefer to Agency Agenda Item No. 11
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. In an attempt to resolve issues as part of the
appeal, the hearing was continued again to May.17, 1994.
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, CONSENTING TO THE
APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY AND ZELMAN
DEVELOPMENT COMPANY AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH.
Motion by 2nd by
to waive further reading of the resolution and to
adopt disapprove hold over
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City Council Agenda
May 17, 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 staff's 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 aesist ue in properly recording
you to enter your name and address
This action is voluntary and is
meeting or speaking to the Council.
agidaO5/17/94
your name or in contacting you, we ask
on the speaker's sheet at the podium.
not a prerequisite to attending the
City Council Agenda
May 17, 1994
C) CONSENT CALENDAR
1) Written Communications
None received.
2) Commissions' Summary of Actions (Receive and File)
Planning Commission............................05110194
3) Claims for Action (Deny and notify claimant)
a) R. Yamamoto & Company % Minimax Properties, Inc. vs
City of West Covina
On April 7, 1994, the City Clerk's Office received
a claim for indemnification regarding a lawsuit
filed against them by Satellite Management Company,
Inc.
b) Dan Lanigan vs City of West Covina
On March 17, 1994, the City Clerk's Office received
a claim for personal injuries amounting to
$1,000,000.00.
4) City Treasurer's Report
Treasurer's Report for the month of March, 1994
r
5) Award of Bids
a) Landscape Maintenance Contract - City Specification
No. CP-94-7 Citywide Park Properties
This five year contract provides for. the
maintenance of landscaping, hardscaping and
sprinkler systems for City parks which include
Woodgate, Shadow Oak, Gingrich and Friendship Park,
respectively, in addition to landscaping north of
Valley Boulevard at Morganfield Avenue. A total of
four bids were received with Azteca Landscape
submitting the lowest responsible bid in the amount
of $527,622.60 for the five year contract. Staff
recommends that the City Council accept the bid of
Azteca Landscape of Pomona for a five year contract
in the amount of $527,622.60 ($105,524.52 annually)
and authorize the Mayor and City Clerk to execute
an agreement with said Azteca Landscape for the
work to be performed.
b) City Project GP-94304 - Award of Contract for New
Floor Coverings in Senior Center at Cortez Park
On May 10, 1994, two bids were received and opened
for this contract which provides for installing new
floor coverings in the Senior Center at Cortez
_Park. The lowest bid received was $14,900 from
Westland Floor Covering of Covina. Staff
recommends that the City Council accept the bid of
Westland Floor Covering of Covina in the amount of
$14,900 and authorize the Mayor and City Clerk to
execute an agreement with Westland Floor Covering
for the work to be performed.
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City Council Agenda
May 17, 1994
C) CONSENT CALENDAR (Continued)
6) Miscellaneous
Engineering Department
a) Property Tax Sharing Request County Sanitation
District #22
A parcel lying southwest of Citrus Avenue owned by
the South Hills Country Club ("the back nine") has
annexed recently to the County Sanitation District.
It is necessary to adjust the distribution of the
property tax resulting from the development of the
parcel to add the District's share of 0.1947
percent in accordance with a previously approved
Property Tax Sharing Agreement. It is recommended
that the City Council adopt the following
resolution:
RESOLUTION NO. - A RESOLUTI6N OF THE CITY
COUNCIL OF THE CITY OF WEST COVINAp CALIFORNIA,
ADOPTING THE JOINT RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD
OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22
OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIAO APPROVING
AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUES RESULTING FROM ANNEXATION TO COUNTY
SANITATION DISTRICT NO. 22j, BEING ANNEXATION NO.
326.
b) City Project TP-93105 - Installation of Bus
Shelters - Transfer of Funds
Nine steel -welded bus shelters will be manufactured
and ready to deliver to the City by the private
contractor. Due to shortage of funds in this
project, the staff recommends transfer of $3,500
from Bus Shelter Maintenance Funds to this project
to cover the cost of installation, including
contingencies. It is recommended that the City
Council take the following actions:
i) Transfer $3,500 from Bus Shelter Maintenance
Account to City Project TP-93105; and
ii) Accept the bid of G.M. Signs, Inc. to install
the nine bus shelters and authorize the City
Engineer to execute a Change Order with said
G.M. Signs, Inc. of Burbank.
c) National Pollution Discharge Elimination System
(NPDES) - Legal Authority for Regulation of Storm
Water Runoff
To meet the ongoing requirements of the NPDES
Program, the City is required to enact specific
legal authority for the regulation of storm water
runoff to control and eliminate contaminated runoff
within the City. It is recommended that the City
Council introduce the following ordinance:
agada0511 7/94
City Council Agenda
May 17, 1994
C) CONSENT CALENDAR (Continued)
6) Miscellaneous (Continued)
Engineering Department (Continued)
c) National Pollution Discharge Elimination System
(NPDES) - Legal Authority for Regulation of Storm
Water Runoff (Continued)
A STORMWATER/URBAN RUNOFF POLLUTION CONTROL
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 9 OF THE WEST
COVINA MUNICIPAL CODE BY ADDING PROVISIONS
PERTAINING TO REGULATION OF STORM DRAINS DISCHARGES
AND URBAN RUNOFF.
Redevelopment Agency
d) Auto Plaza Business Improvement District
Transmitted for City Council consideration is a
Resolution of Intention for the Auto Plaza Business
Improvement District. The Resolution sets a public
meeting for June 7, 1994, at which time the Council
will consider the budget and proposed assessment
for the Business Improvement District. It is
recommended that the City Council adopt the
following resolution:
RESOLUTION NO. - A RESOLUTION OF INTENTION
OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT
AREA FOR FISCAL YEAR 1994-95, AND PROVIDING NOTICE
OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 7,
1994.
ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 6:
Motion by 2nd by
to waive further reading of the ordinances)/resolution(s) and
to introduce/adopt, as applicable, and to approve all items
listed
except
ROLL CALL:
END OF CONSENT CALENDAR
agnda05117I94 .7
City Council Agenda
May 17, 1994
D)
E)
F)
G)
H)
I)
PIIBLIC WORKS SERVICES
No items scheduled for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
No items scheduled for this meeting.
ENVIRONMENTAL SERVICES
1) Ordinance to Amend the Operating Hours of Certain
Landscape Maintenance Equipment
At its last meeting, the City Council requested that the
Noise Ordinance be amended to change the operating hours
of certain landscape maintenance equipment from 7 a.m. -
8 p.m. to 8 a.m. - 8 p.m. It is recommended that the
City Council approve the change in hours of operation to
8 a.m. - 8 p.m. by introducing the following Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLE IV, NOISE
REGULATIONS, DIVISION 2, SPECIFIC NOISE SOURCES, SECTION
15-97, RESTRICTIONS ON THE OPERATION OF TWO -AND FOUR-
STROKE ENGINES.
Motion by 2nd by
to waive further reading of the ordinance and to
introduce disapprove hold over
COMMUNITY DEVELOPMENT SERVICES
1) Redevelopment Agency
Recess the City Council meeting at p.m. to convene
the Redevelopment Agency meeting. Reconvene the City
Council meeting at 0 p.m.
HUMAN SERVICES
1) Bingo Games at the West Covina Senior Citizens' Center
This report outlines a proposal to permit the playing of
bingo at the senior Citizens' Center. It is recommended
that the City Council authorize staff to prepare a
request for proposals for services, supplies and
equipment needed for the conducting of bingo at the West
Covina senior Citizens' Center by the West Covina Bingo
Volunteer Club.
Motion by
approve disapprove
PIIBLIC SAFETY SERVICES
No items scheduled for this meeting.
aand"117194 8
2nd by
hold over
to
E
•
City Council Agenda
May 17, 1994
J) .
1) Personnel Deuartment
Acknowledge Letter -- West Covina Public Safety
Dispatchers' Association, Regarding Meet and Confer
Status
In a letter to the City Manager, the West Covina Public
Safety Dispatchers' Association is formally declaring
impasse. This report transmits the letter to the City
Council for acknowledgement and a final determination
regarding the status of the Meet and Confer process. It
is recommended that the City Council take the following
actions:
a) Acknowledge the letter from the Public Safety
Dispatchers' Association declaring impasse;
b) Call for any such additional oral and/or written
information as the Association wishes to provide at
this time; and
c) Barring the receipt of any new information that the
Council wishes to consider or discuss with staff in
closed session, (pursuant to Government Code
Section 54957.6 - CONFERENCE WITH LABOR NEGOTIATOR;
City Negotiator: Diane Ure; Employee Organization:
Public Safety Dispatchers' Association) it is the
recommendation of the City Manager and staff that
the City Council determine the meet and confer
process concluded and direct staff to implement the
City's last offer.
Motion by 2nd by to
approve disapprove hold over
R) GENERAL ADMINISTRATION
No items scheduled for this meeting.
L) 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:
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2nd by
hold over
to
City Council Agenda
May 17, 1994
M). ORAL COMMUNICATIONS
N) MAYOR'S REPORTS
1) Councilmember Appointments to Hoards and Agencies
2)
Each year, the Mayor appoints and the City Council
confirms each City Counci lmember I s appointment to various
boards and other public agencies. It is recommended that
the City Council consider and confirm or modify the list
of annual appointments.
Motion by
approve disapprove
2nd by
Commissioner Selection Process
hold over
CV
The terms of thirteen .of the City's thirty-two
Commissioners will expire on June 30, 1994. The City
Council will discuss and determine the process by which
applicants for commission positions will be solicited,
evaluated, and nominated for the coming year, and by
which existing Commissioners may be evaluated. It is
recommended that the City Council review the Commission
appointment procedure and give staff direction as
desired.
Motion by
approve disapprove
agn&05//7/94 10
2nd by
hold over
to
P
City Council Agenda
May 17, 1994
O) COUNCILMEMBERS' REPORTS
P) ADJOURNMENT Motion by
to adjourn the meeting at
CITY COUNCIL MEETING SCHEDULE
Tuesday
June
07,
1994
7:30
pm
Tuesday
June
21,
1994
7:30
pm
agadao511 n90 11
2nd by
am/pm.
Regular Meeting
Regular Meeting