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08-16-1994 - RegularREGULAR MEETING OF THE CITY COUNCIL WEST COVINA, CALIFORNIA Tuesday 7:30 p.m. August 16, 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 Rabbi Nattiv Temple Shalom PLEDGE OF ALLEGIANCE ROLL CALL McFadden, Herfert, Manners, Touhey, Wong APPROVAL OF MINUTES Special meeting of August 1, 1994 Special meeting of August 3, 1994 Special meeting of August 8, 1994 PRESENTATIONS West Covina Youth Pony Baseball 119" Red Team, Mustang Division A) HEARINGS 1) West Covina Youth Pony Baseball Ultimate Shetland All -Star Team R.B.A. and Santa Fe Springs All -Star Tournament Champs On July 12, 1994, the Planning Commission approved a one year demonstration project at the BKK Landfill for the use of a geosynthetic fabric blanket as an alternative daily cover. On July 19th, a member of the City Council initiated an appeal of the Planning Commission's action. a) Verification of publication b) Open Hearing c) Public Testimony d) Close Hearing e) Council Discussion f) Recommendation is that the City Council affirm the decision of the Planning Commission and adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY I certify that copies of the COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Counoil A�+'yond for the meeting CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF of 8 �6 97 were posted in ENVIRONMENTAL IMPACT FOR UNCLASSIFIED USE PERMIT aecorda.noe, wah the 1/87 Brown NO. 71, REV. 5 (AMENDMENT NO. 2) PURSUANT TO THE ActAmenuments CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 19701, AS Dats /�-9`! e> AMENDED. Office of the City Clerk: City Council Agenda August 16, 1994 A) HEARINGS (Continued) 1) Appeal of Unclassified Use Permit No. 71, Rev. 5 (Amendment No. 2) - Alternate Daily Cover - BRR Landfill Negative Declaration of Environmental impact (Continued) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING UNCLASSIFIED USE PERMIT NO. 71j, REV. 5 (AMENDMENT NO 2) TO ALLOW THE USE OF A GEOSYNTHETIC FABRIC BLANKET AS ALTERNATE DAILY COVER (ADC) AT THE BKK LANDFILL AS PART OF A ONE YEAR LONG DEMONSTRATION PROJECT. Motion by end by to waive further reading of the resolutions and to adopt disapprove . hold over If the City Council chooses to deny the application, staff recommends that the Council continue this item and direct staff to prepare the appropriate resolution. Motion by 01 ag &08116/94 2 2nd by City Council Agenda August 16, 1994 B) AGENDA AND ORAL COMMUNICATIONS (30 MINUTES) r 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 assist us in properly recording you to enter your name and address This action is voluntary and is meeting or speaking to the Council. agidab4/16/94 your name or in contacting you, we ask on the speaker's Sheet at the podium. not a prerequisite to attending the • 1 • City Council Agenda August 16, 1994 C) CONSENT CALENDAR 1) Written Communications a) Letter received from James K. Browning requesting an appeal of the denial of a business permit to operate a taxicab in West Covina. (Refer to staff) b) Letters from various residents complaining about the evening rentals at the Senior Citizens' Center on the weekends. The City rents the City's community centers for wedding receptions, parties, anniversary parties, etc. on the weekends. Nearby residents are complaining about the noise, litter and traffic associated with these events. It is recommended that the City Council receive and refer this matter to the Human Services Commission and the Senior Citizens' Commission for their review and recommendation. c) Letter received from Sylvia A. Gleber requesting the Council's support of the County Library Community Facilities District. (Receive & File) d) Letter received from Kit -Ling Mui requesting the Council's support of the County Library. (Receive & File) 2) Commissions' Summary of Actions (Receive and File) No summaries scheduled for this meeting. 3) ABC Applications (Chief of Police reports no legal basis for protest) BRINKER RESTAURANT CORP dba Chili's Restaurant Dallas, Texas 2929 E. Garvey 4) 5) Claims for Action (Deny and notify claimant) Patricia A. Mattison vs City of West Covina On April 11, 1994, the City Clerk's Office received a claim for personal injuries. The amount of the claim was undetermined at time of presentation. Temporary Use Permits (Receive and file) TUP #2187-94 for West Covina Toyota for rooftop balloons and banners on July 2-10, 1994, at 1800 E. Garvey Avenue. TUP #2188-94 for Safari Bar & Grill for radio promotional event & concert on July 20, 1994, at 2917 Eastland Center Drive. TUP #2189-94 for Near -Cal Corporation for construction trailer on July 2, 1994 through December 1994, at The Lakes. TUP #2190-94 for Queen of the Valley for Tent seminar on July 29-30, 1994, at 1155 S. Sunset. a8,&m0811&9e 4 City Council Agenda August 16, 1994 C) CONSENT CALENDAR (Continued) 5) Temporary use Permits (Receive and file) (Continued) TUP #2191-94 for West Covina Toyota for rooftop balloon on July 29-31, 1994, at 821 S. Glendora. TUP 12192-94 for New Cars Inc. for car sales promotional on July 29-30, 1994, at 1700 West Covina Parkway. 6) Acceptance of Improvements and/or Release of Bonds City Protect GP-93305 Improvements for installation of new energy saving lamps and ballasts are complete. It is recommended that the City Council accept these improvements and release Seaboard Surety Company of New York Bond No. 21953 in the amount of $11,915.00, subject to Notice of Completion procedure. 7) Ordinance for Adoption (Waive reading and adopt) a) MSI - Ordinance Adoption At the August 2, 1994 City Council meeting an ordinance was introduced and is before the City Council for adoption. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING ARTICLE IB ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. b) California Avenue - WCMC Decrease in Maximum Speed At the August 2, 1994 City Council meeting an ordinance was introduced and is before the City Council for reintroduction. It is recommended that the City Council reintroduce 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. 8) City Treasurer's Report Treasurer's Report for the month of June, 1994. ognd2WIN94 5 City Council Agenda August 16, 1994 C) CONSENT CALENDAR (Continued) 9) Award of Bids a) City Proiect SP-94125 - Street Rehabilitation - Phase II Eight (8) bids were received and opened on Tuesday, August 2, 1994, for this project which consists of providing asphaltic concrete overlay work for various locations Citywide. The lowest responsible bid is $284,844.73 from Boral Resources, Inc. of Pomona. It is recommended that the City Council .accept the bid of Boral Resources, Inc. of Pomona, in the amount of $284,844.73 as submitted at the bid opening on Tuesday, August2, 1994, and authorize the Mayor and the City Clerk to execute an agreement with said Boral Resources, Inc. for the work to be done. b) On August 5, 1994, two bids were received and opened for this project which provides for playground modifications at Cameron and Friendship Parks. These modifications are necessary to comply with the Americans With Disabilities Act (ADA). The lowest responsible bid was from Patrick & Son of West Covina in the amount of $133,500. It is recommended that the City Council reject all bids and authorize the Maintenance Director to re - advertise and call for bids on City Project No. PP-91202-2. c) Landscape Maintenance City Specification No. MD4- 94-10R - Woodside Village - Maintenance District No. 4 This five year contract provides for the maintenance of landscaping, hardscaping and sprinkler systems in Maintenance District No. 4, Fire Station .4 & 5, Tree Wells, and Reservoir Stations 1 & 2 which are located in the Woodside Village area south of Francisquito Avenue. It is recommended that the City Council accept the bid of Creative Landscaping, Inc. of Anaheim for a five year contract in the amount of $1,770,000.00 ($354,000.00 annually) and authorize the Mayor and City Clerk to execute An agreement for the work to be done. d) City Project GP-94305R - On August 2, 1994, three bids were received and opened for this project which provides for the modifications to the City Hall, four million BTU boiler in order to comply with South Coast Air Quality Management District (SCAQMD), Rule No. 1146.1. The lowest responsible bid was $23,546.00 from Combustion Associates, Inc. of Corona. It is recommended that the City Council accept the bid of Combustion Associates of Corona in the amount of $23,546.00, as submitted at the bid opening on August 2, 1994, and authorize the Mayor and City Clerk to execute an agreement with said Combustion Associates of Corona for the work to be done. agndaWI6/94 City Council Agenda August 16, 1994 C) CONSENT CALENDAR (Continued) 10) Miscellaneous a) Police Department Purchase of Three (3) Special Enforcement Team (S.E.T.) Replacement vehicles The Police Department requests City Council's approval for the purchase of three unmarked Special Enforcement Team (S.E.T.) vehicles from asset seizure funds. It is recommended that the City Council take the following actions: i) Due to the nature and use of these vehicles, find that it would be impractical to comply with the formal bid procedures and, therefore, waive formal bid procedures; Allow staff to purchase one unmarked vehicle from Tuttle -Click Ford for $15,400.00 (plus tax and transfer fees); and iii) Allow staff to purchase two unmarked vehicles from Bell Pontiac, one for $15,955.66 (plus tax and transfer fees) and a second one for $16,500.00 (plus tax and transfer fees)., b) Fire Department Requested Revision of MSI Cost Recovery Item At the August 2 meeting of the City Council, the Council withheld approval of Items 5-086 and S-089 pending additional information and clarification of the impact on business. It is recommended that the City Council approve this structure for recovery of costs under the provisions of the resolution which has already been adopted. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 10: 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 agda081W94 City Council Agenda August 16, 1994 D) E) F) G) PUBLIC WORKS SERVICES No items scheduled for this meeting. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting. ENVIRONMENTAL SERVICES 1) Chamber of Commerce Survey - Graffiti Implements Control This is the transmittal of the results of the Chamber of Commerce survey of businesses expressing their opinions on a possible City ordinance requiring control of implements used for graffiti. It is recommended that the City Council receive and file this report. Motion by approve disapprove COMMUNITY DEVELOPMENT SERVICES 1) Planning Department 2) 2nd by hold over to Request for Reduction of Park Dedication Fees - Precise Plan No. 845 - Birtcher Senior Properties - Garvey Avenue South and Barranca Street On June 28, 1994, the Planning Commission recommended approval of a request by Birtcher Senior Properties for the reduction of park fees for the Courtyard of East Hills Senior Condominium development. The recommendation assumes an average senior unit occupancy of 1.25 persons per unit rather than the City's non -senior average of 3.3 persons per unit. It is recommended that the City Council affirm the recommendation of the Planning Commission and adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A PARK FEE REDUCTION FOR PRECISE PLAN NO. 845. Motion by 2nd by to waive further reading of the resolution and to adopt disapprove hold over Redevelopment Agency Recess the City Council meeting at p.m. to convene the Redevelopment Agency meeting. Reconvene the City Council meeting at p.m. agndaW16/94 8 City Council Agenda August 16, 1994 H) HUMAN SERVICES 1) Los Angeles CountV Dial -A -Ride Service Agreement The Westpark Transit Authority contracts with DAVE Transportation Services to provide Dial -A -Ride service to the elderly and persons with disabilities who are residents of adjacent Los Angeles County non -incorporated areas. This service has been provided under Annual Agreements which terminate on June 30 of each service year. This year the County has agreed to enter into a five-year agreement with the Westpark Transit Authority to maintain the same term of service as the current five- year agreement with DAVE Transportation Services. Approval of this new agreement is necessary to continue the Dial -A -Ride service to eligible Los Angeles County Dial -A -Ride users. It is recommended that the City Council authorize the Mayor to execute a five-year agreement with Los Angeles County for Dial -A -Ride services for the elderly and persons with disabilities from July 1, 1994 to June 30, 1999. Motion by end by to approve disapprove hold over I) PUBLIC SAFETY SERVICES 1) Police.Deuartment a) Purchase of Training Simulators The use of "state of the art" training simulators is the best way to train employees in high - liability exposure tasks (shooting and driving). Simulator training allows a Department to assist City management in the control of civil liability, documenting realistic training in a verifiable method. In addition, these tools allow the Department to create a return for the initial investment, consistent with the Council's policy on sound fiscal management, through the charging of user fees. It is recommended that the City Council approve the purchase of both training simulators as provided in the 1994/95 D.E.R. Budget: i) Purchase the firearms training simulator from the manufacturer best able to fill the needs of the Department. Staff requests the flexibility to negotiate with the manufacturers to obtain the most current "state-of-the-art" equipment available, including training updates and retrofitting for all weapons used by the Department, at a cost no to exceed $80,000, and ii) Purchase the driving simulator from the sole source manufacturer, AGC Simulation Products, at a cost not to exceed $70,000. It is also recommended that Council allow the Department to charge user fees to outside law enforcement agencies, educational institutions and participants in other programs sponsored by the Department. Motion by 2nd by to approve disapprove hold over agn&OV16194 City Council Agenda August 16, 1994 I) PUBLIC SAFETY SERVICES (Continued) 1) Police Department (Continued) J) R) b) Recovery of Certain Juvenile Detention Costs A change in the State Law in 1987 required that most juvenile offenders be held in facilities other than locked custody facilities. As a result of the mandate, law enforcement agencies had to develop alternative holding facilities and procedures. Compliance with the law requires that juvenile offenders are supervised in an unsecured area until they are released to a parent or guardian. This supervision can take an officer from the field for up to six hours. This creates an unnecessary burden on the citizens of West Covina and the responsibility for the officer's time should be assumed by the juvenile's parent or guardian. It is recommended that the City Council approve an ordinance that allows for the charging of special assignment fees for those employees involved in the additional constant supervision of detained juvenile offenders. A draft of the ordinance is attached to the staff report. Motion by 2nd by approve disapprove hold over ADMINISTRATIVE SERVICES No items scheduled for this meeting. GENERAL ADMINISTRATION 1) City Clerk Animal Related Services RFP to The final draft of the Request for Proposals relating to animal services is being presented to the City Council for final additions or changes. It is recommended that the City Council give final directives to staff for inclusion into the final document and proceed as scheduled. Motion by approve disapprove asndaa8116194 10 2nd by hold over to City Council Agenda August 16, 1994 R) (Continued) 2) City Manager Proposed County Library Community Facilities District At its August 2 meeting, the City Council received an informational report on the proposed initiation of a Community Facilities District by the County Board of Supervisors on behalf of the Los Angeles County Library District. The City Council directed that this matter be placed on the August 16 agenda for consideration. The implementation of the proposed District is a policy matter, and staff makes no recommendation. Should the City Council. determine to participate in the 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 COVINAp CALIFORNIAj, CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY IN COMMUNITY FACILITIES DISTRICT NO. 8 OF THE COUNTY -OF LOS ANGELES. Motion by to L) APPROVAL OF DEMANDS 2nd by 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: agn&08116/90 11 2nd by hold over to City Council Agenda August 16, 1994 M) ORAL COMMUNICATIONS N) MAYOR'S REPORTS 1) Increase in BKK Business License Tab Rate 2) On July 5, the City Council directed staff to place on the agenda the consideration of an increase in the BKK business license tax rate. Should the City Council decide to proceed, staff recommends a final determination on the proposed tax rate, and then direction to publish notice and schedule the required public hearing. Motion by to 2nd by On July 5, the City Council directed staff to place on the agenda the consideration of a proposed ordinance levying a business license tax on gross receipts from the sale of electric power generated by facilities at the BKK Landfill. Should the City Council decide to proceed with the proposed ordinance, it is recommended that staff be directed to publish notice and schedule the required public hearing. Motion by to agaaaWI6194 12 2nd by City Council Agenda August 16, 1994 O) COUNCILMEMBERS' REPORTS 1) Council Sub -Committee Report on the Results of the Smoking Survey On April 20, 1993 the City Council designated Councilmembers Manners and Wong as a sub -committee to review the information available on second-hand smoke, survey the community on the issue of smoking in public places and work areas, and to bring a report back to the City Council. As the Council's sub -committee we recommend as follows: a) Publish results of survey in next West Covina Today newsletter. b) The City Council direct staff to implement the provisions of AB 13 as they relate to posting City buildings and enforcement of the new law effective January 1, 1995 unless AB 13 is superseded by Proposition 188. Motion by approve disapprove agadaW]&94 13 2nd by hold over to City.Council Agenda August 16, 1994 P) ADJOURNMENT Motion by to adjourn the meeting at Wednesday Tuesday Tuesday 2nd by am/pm. CITY COUNCIL MEETING SCHEDULE Aug. 17, 1994 5:30 pm Theater Study Session Sept 06, 1994 7:30 pm Regular Meeting Sept 20, 1994 7:30 pm Regular Meeting agn&0811&94 14