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11-01-1994 - RegularREGULAR MEETING OF THE CITY COUNCIL WEST COVINA, CALIFORNIA Tuesday 7:30 pft November 1, 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 am to 5 pm 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 Jim Kilinsky First Baptist Church PLEDGE OF ALLEGIANCE ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Councilmembers Manners, Touhey, Wong. APPROVAL OF MINUTES Special meeting of August 16, 1994 Regular meeting of August 16, 1994 Adj. regular meeting of August 17, 1994 Regular meeting of October 4, 1994 Regular meeting of October 18, 1994 Special meeting of October 26, 1994 Presentations Commissioner Recognition for Years of Service Proclamations Buckle -Up For Life Challenge November 1, 1994 through 1995 A) HEARINGS 1) Heritage Gardens Park Master Plan - Zone Change No. 644 - Negative Declaration of Environmental Impact - Location: 3510 East Cameron Avenue The City of West Covina is.developing a Park Master Plan for an undeveloped park site which requires the development of a site plan and textual guidelines for the development of the .park. In addition, the project requires a zone change from "Single -Family Residential (R-1), Area District III Hillside Overlay Zone" to "Open Space". a) b) c) d) e) f) g) I certify that copies of the Council Ag n a for the meeting of I/'/' were posted in accordianae with the 1/87 Brown Act Amendments. DaWd: le-27- 919 Verification of publication Presentation of staff report Open hearing Public testimony Close hearing Council discussion It is recommended that the City Council affirm the recommendation of the Human Services Commission and Planning Commission by adopting the following resolutions: Office of the city Clerk • 0 CITY COUNCIL AGENDA November 1, 1994 A) HEARINGS (Continued) 1) Heritage Gardens Park Master Plan - Zone Change No. 644 - Negative Declaration of Environmental Impact - Location: 3510 East Cameron Avenue (Continued) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 644 AND THE HERITAGE GARDENS PARR HISTORICAL PARR MASTER PLAN, PURSUANT TO THE ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE HERITAGE GARDENS HISTORICAL PARR MASTER PLAN. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over Staff also recommends that the City Council 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. 644). Motion by 2nd by to waive further reading of the ordinance and introduce disapprove hold over ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden Staff also recommends that the City Council approve inclusion of the construction of the decorative security fencing along Cameron Avenue in the amount of $55,000 in the CIP.. Motion by approve apmil-I 2 2nd by disapprove hold over ig.7 CITY COUNCIL AGENDA November 1, 1994 B) Apdall-1 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 assist us in properly recording your name or in contacting you, we ask you to enter your name and address on the speakers' sheet at.the podium. This action is voluntary and is not a prerequisite to attending the meeting or speaking to the Council. • CITY COUNCIL AGENDA November 1, 1994 C) CONSENT CALENDAR 1) Written Communications (receive and file) Letter received from Mr. Richard S. Salter, 1124 E. Grovecenter Avenue, requesting the opportunity to .address the Council regarding the City's policy with regards to the repair of the street portion of the lateral sewer line leading to the connection with the main sewer line. Maintenance of House Connection Sewers The West Covina Municipal Code places the responsibility for maintenance of house connection sewers, including the portion within the roadway upon the owner of the property served. From time to time, property owners have questioned their obligation to maintain the portion of their house connection sewer located in the street right- of-way. Repair of a blocked or damaged house connection sewer can be expensive, particularly if it becomes necessary to excavate and replace the portion within the street right-of-way. It is recommended that the City Council continue the existing policy with respect to maintenance of house connection sewers: 2) Commissions' Summary of Actions (receive and file) a) Human services.............................10/11/94. b) Personnel..................................10/19/94 c) Planning...................................10/25/94 d) Senior Citizens' .... ....................10/13/94 e) Waste Mgmt./Environmental Quality ..........10/20/94 3) Claims for Action (Deny and notify claimant) Southern California Edison vs City of West Covina On September 14, 1994, the City Clerk's Office received a claim for property damage estimated at $2,000'.00. On October 6, 1994, an amended claim was received asserting actual damages to be $3,537.99. 4) Temporary Use Permits (receive and file) TUP 12193-94 for Hospice E.S.G.V., 820 N. Phillips, for a classic car show on October 23, 1994. TUP #2199-94 for Applebee's, 300 S. California, for a VIP Party on October 29, 1994. TUP #2204-94 for St. Christopher's Church, 629 S. Glendora, for a Festival on October 7-9, 1994. TUP #2205-94 for Tahoe Pumpkins Plus Trees, 2940 E. Workman, for pumpkins and trees on October 10-31, 1994 and December 2-23, 1994. agod,u-I 4 0 • CITY COUNCIL AGENDA November 1, 1994 C) CONSENT CALENDAR (Continued) 5) Traffic Committee Minutes (accept and file) Items approved by the Traffic Committee are effective upon approval of the City Council unless an Ordinance or Resolution is needed for the action to be implemented. a) The request of Lloyd Johnson, to review conditions at 943 North Orange Avenue resulted in a recommendation to remove 66 feet of restricted parking on the south side of Adams Drive. b) The request of the American Dental Group that the preferential parking restrictions on Rowland Avenue between Sunset Avenue and Shadydale Avenue be removed resulted in a recommendation to remove the parking restrictions abutting 509 North Shadydale Avenue. The request of the American Dental Group to install stop signs on Sunset Avenue at Rowland Avenue resulted in a recommendation to deny the request. c) The request by Henry P. Garcia of Adrienne Drive, to install a speed bump on Adrienne Drive resulted in a recommendation to deny the request. d) The request of Hope Janke, of Greendale Street, that a stop sign be installed on Chapman Street at Greendale Street resulted in the recommendation to install a stop sign. e) The City -initiated request to remove the adult crossing guard from the marked school crosswalk located on Glendora Avenue at St. Christopher's School resulted in the recommendation that the crossing guard be removed. f) The City -initiated request to station an adult crossing guard at the intersection of Valinda Avenue and Merced Avenue resulted in a recommendation to station an adult crossing guard at the intersection. g) The request of Ms. Carter, Principal at Hollingworth School to review conditions on Hollingworth Street abutting Hollingworth School resulted in a recommendation that: i) The north side of the street from Sentous Avenue to 218 feet East be designated as a School Bus Stop; ii) The north side of the street from. the westerly school driveway to 395 feet East be designated as a Passenger Loading Zone on school days from 7:30 a.m. to 3:30 p.m.; and iii) Prohibitions of certain turning movements in or out of the school driveways be held over for further study. h) The City -initiated request to review the bus stops along the North side of West Covina Parkway abutting the Civic Center resulted in a recommendation that: i) The bus stops near the Court House and the Library be removed; ii) A bus . stop be established within the existing turnout area 600 feet West of Sunset Avenue; and iii) The Traffic Committee findings be forwarded to the Foothill Transit District and to the Postmaster of the West Covina Post Office. apdal 1-1 5 CITY COUNCIL AGENDA November 1, 1994 C) CONSENT CALENDAR (Continued) 5) Traffic Committee Minutes (accept and file) (Continued) i) The City -initiated request to increase the duration of the turning prohibition from South Hills High School onto Barranca Avenue resulted in a recommendation to modify the prohibition time to be from 12:00 pm to 3:30 pm. j) The request of Donald and Patricia Best of Greenleaf Drive, to install a guardrail along the South side of Amar Road between Temple Avenue and Shadow Oak Drive resulted in a recommendation to deny the request. 6) Ordinance for Adoption (waive reading and adopt) Election Dav Chance At the October 18, 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 COVINAe CALIFORNIA, MOVING THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN -NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF ODD -NUMBERED YEARS. 7) Award of Bids Radio System Maintenance - Award of Bid #95-01 Bid 95-01 solicited quotes from qualified vendors to maintain the City's two-way radio equipment. Quotes were received from two vendors and it is proposed to award the bid to the lowest bidder, Motorola Communications and Electronics, Inc., Van Nuys, California. It is recommended that the City Council award Bid #95-01 for maintenance of the City's radio equipment to Motorola Communications &.Electronics, Inc., Van Nuys, CA., for a period of two years commencing January 1, 1995, at a current cost of $2,898.00 per month and authorize the Mayor to sign the agreement. 8) Miscellaneous City Manager a) Block Party Request for Temporary Street Closure The City has received 'a request for a temporary street closure on November 5, 1994, for the 1300 block of East Loma Vista Street. It is recommended that the City Council approve the temporary street closure of the 1300 block of East Loma Vista Street for a block party and neighborhood watch meeting on November 5, 1994. Apda11-1 6 CITY COUNCIL AGENDA November 1, 1994 C) CONSENT CALENDAR (Continued) 8) Miscellaneous (Continued) City Clerk b) Biennial Review of the City's Conflict of Interest Code The Government Code requires the City Council to review the City's Conflict of Interest Code and make amendments, if necessary. It is recommended that the City Council approve the City's amended Conflict of Interest Code as prepared by the City Clerk. Building & Engineering Department c) , Astell Street Naming The State constructed a small cul-de-sac street in 1975, and the City has been requested by the adjacent property owner to name the street. 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, NAMING AN UNIDENTIFIED CUL-DE-SAC WITHIN THE CITY OF WEST COVINA AS ASTELL AVENUE. Planning Department d) General Plan Implementation Report Submittal to the State Office of Planning and Research (OPR) This report has been prepared in compliance with State Law which.requires that an annual report on the status of the implementation of the City's General Plan be presented to the City Council for review. The Planning Commission reviewed this.item on October 25, 1994, and recommended that the City Council review the report. Staff recommends that the City Council approve the report and authorize staff to transmit the City's annual General Plan Implementation Report to OPR. Human Services e) Consolidated Plan Consultant Agreement Proposals in response to a Request for Proposals for consulting services relating to the preparation of the City's Consolidated Plan have been received. This report presents an analysis of these proposals for City Council consideration. It is recommended that the City Council approve the selection of Castaneda & Associates to prepare the City's Consolidated Plan and authorize the Mayor to sign the Agreement. model i-i 7 CITY COUNCIL AGENDA November 1, 1994 C) CONSENT CALENDAR (Continued) 8) Miscellaneous (Continued) Police Department f) Approval of Jail Use Contract During the 1994-95 Budget discussion, Council and staff discussed the option of allowing other agencies to process their prisoners in our jail facility for a fixed fee. As a result of those discussions, staff developed a plan and solicited interest from other local jurisdictions. The Baldwin Park Police Department has expressed an interest in using our jail facility and their City Council has approved a contract with the City of West Covina allowing Baldwin Park to process their prisoners in our jail for a fixed fee of $85.00 per person. It is recommended that the City Council authorize the Mayor to sign and execute the contract with the City of Baldwin Park allowing their prisoners to be booked at our jail facility. 9) ABC Applications Chief of Police reports no basis for protest. Dhikayos, Kuekul Kim dba Thai Hut Restaurant Alta Loma, CA 1215 S. Glendora Ave. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 9: Motion by 2nd by to waive further reading of the ordinances)/resolution(s) and to introduce/adopt, as applicable, and to approve all other items listed except ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden END OF CONSENT CALENDAR i agoda11-1 8 E CITY COUNCIL AGENDA November 1, 1994 D) PUBLIC WORKS SERVICES 1) Covina Irrigating Company Water Services Agreement The execution of an Agreement is needed among the Main San Gabriel Basin Water Master, Covina Irrigating Company and the City of West Covina that will allow the sale of limited amount of water, if available, by Covina Irrigating Company to the City of West Covina. The cost of this water is less than the cost of imported water from the Metropolitan Water District. It is recommended that the City Council approve the agreement and authorize the Mayor and City Clerk to execute said agreement. Motion by approve disapprove 2nd by hold over 2) Shakespeare Park Site Background Report to The Los Angeles County Department of Public Works is planning to construct the Giano Relief Storm Drain near Nogales Street and La Puente Road. Part of this project requires the construction of a storm water detention basin on a portion of the undeveloped Shakespeare park site. The proposed storm drain would severely impact the use of the site as a park. Revenue for the development of a portion of Shadow Oak Park could be realized from a sale of the Shakespeare Park site. It is recommended that the City Council take the following actions: a) Authorize the City Manager to commence negotiations with Los Angeles County for the sale of right-of- way necessary for their storm drain facility and/or the entire Shakespeare Park site to the County; and b) Authorize the City Manager and staff to initiate the Public Hearing process necessary to declare the site surplus to City needs. Motion by 2nd by approve disapprove hold over to 3) 1994-95 Capital Improvement Program - Sports Related Parks Improvement Projects The City Council approved the 1994-95 Capital Improvement Program on September 20, 1994 with a significant number of sports -related Parks Improvement Projects. Schedules have been developed for the completion of these projects. It is anticipated that the lighting, bandshell and miscellaneous parks projects will be under construction during the 1994-95 fiscal year. It is recommended that the City Council receive and file this report. Motion by approve disapprove agndal 1-1 9 2nd by hold over to CITY COUNCIL AGENDA November 1, 1994. E) WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No items scheduled for this meeting. F) ENVIRONMENTAL SERVICES 1) Household Hazardous waste Education Program Grant The City is joining Covina and El Monte in making an application for the purpose of providing an educational program on household hazardous waste to the community. Athens/West Covina Disposal, through Oricom Corp., is coordinating the application for this $120,000 grant from the California Integrated Waste Management Board. It is the recommendation of the Waste Management and Environmental Quality Commission that the City Council approve the City of West Covina's participation in the Household Hazardous Waste Grant application. Motion by 2nd by to approve disapprove hold over G) 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 p.m. H) HUMAN SERVICES No items scheduled for this meeting. I) PUBLIC SAFETY SERVICES No items scheduled for this meeting. J) ADMINISTRATIVE SERVICES No items scheduled for this meeting. R) GENERAL ADMINISTRATION 1) City Manager a) Proposed Power Generation Tax and Increase in Tax Rate for Sanitary Landfill Sites and Facilities On October 18, 1994, the City Council held a public hearing to consider an ordinance imposing a lo% business license tax on gross receipts on power generation facilities other than those belonging to utilities covered by a franchise, and a resolution ap&11-1 10 F CITY COUNCIL AGENDA November 1, 1994 R) GENERAL ADMINISTRATION (Continued) 1) City Manager (Continued) a) Proposed Power Generation Tax and Increase in Tax Rate for Sanitary Landfill Sites and Facilities (Continued) increasing the existing business license tax rate on sanitary landfill sites and facilities from the current 10% to 15%. Following public testimony, the City Council introduced the power generation tax ordinance and held over the consideration of the resolution increasing the existing business license tax rate to this meeting. It is recommended that the City Council take the following actions: i) Adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING WEST COVINA MUNICIPAL CODE SECTION 14-69 REGARDING A BUSINESS LICENSE TAB ON POWER GENERATORS. Motion by 2nd by to waive further reading of the ordinance and adopt disapprove hold over ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden ii) Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 9038. Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over b) Review of City Council Meeting Calendar for November and December 1994 Staff is requesting that the City Council review the proposed schedule of meetings for the remainder of the calendar year listed at the end of this Agenda, and advise staff accordingly. agndal1-1 11 CITY COUNCIL AGENDA November 1, 1994 R) L) GENERAL ADMINISTRATION (Continued) 1) City Manager (Continued) c) Memorandum of Understanding with California Street Hockey Association to Construct and Operate a Street Hockey Facility at Orangewood Park On September 6, the City Council selected California Street Hockey Association as the preferred operator of a proposed outdoor in -line hockey facility at Orangewood Park. This evening, the City Council will consider approval of essential business terms under which the facility will be constructed and operated. It is recommended that the City Council approve the basic terms of agreement for the construction and operation of the proposed facility as described in the staff report, and authorize the City Manager to execute the necessary documents consistent'with the approved terms. Motion by approve 2) City Attorney disapprove 2nd by hold over to a) Closed session to discuss real property negotiations regarding the La Ronde Apartments, located at 1932 E. Garvey Avenue South, West Covina, pursuant to Government Code §54956.8. b) Closed session to discuss the following matter: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of Litigation pursuant to Government Code §54956.9(c) - one case. APPROVAL OF DEMANDS The City Council reviews and approves accounts payable by the City. These demands represents accounts payable since the most recent regular meeting of the City Council. Motion by approve disapprove 2nd by hold over ROLL CALL: Manners, Touhey, Wong, Herfert, McFadden ,gnmn-I 12 to CITY COUNCIL AGENDA November 1, 1994 M) ORAL COMMUNICATIONS N) MAYOR'S REPORT O) COUNCILMEMBERS' REPORTS 1) Enforcement of Unclassified Use Permit with BRR This is a report on the enforcement provisions of the UUP for the BKK Landfill. The UUP provides a process for enforcement of its provisions. Violations may lead to fines, modification or revocation proceedings. It is recommended that the City Council direct staff and the City Attorney to investigate and inspect potential violations and report at the first meeting in December. Motion by 2nd by to approve disapprove - hold over 2) Business Improvement Tax and Chamber of Commerce Budget Mayor Pro Tem Herfert and Councilmember Touhey, serving as a subcommittee of the City Council, have met with representatives of the Chamber of Commerce to review matters relating to the Chamber of Commerce's annual budget, work program, and support from the Business Improvement Tax. The subcommittee will discuss the results of these discussions, and make recommendations to the City Council on these issues, including potential recommendations regarding the Chamber of Commerce's budget for the second half of the fiscal year and collection of the Business Improvement Tax. This is a matter of City Council policy; therefore staff makes no recommendation. Motion by to spndal 1-1 13 2nd by CITY COUNCIL AGENDA November 1, 1994 P) ADJOURNMENT Motion by 2nd by to adjourn the meeting at am/pm. CITY COUNCIL MEETING SCHEDULE Tuesday Nov. 15, 1994 7:30 pm Regular meeting Monday Nov. 21, 1994 6:00 pm NPDES Study Session Tuesday Nov. 29, 1994 6:00 pm Joint meeting City Council 6 P l a n n i n g commission Tuesday Dec. 06, 1994 7:30 pm Regular meeting Monday Dec. 19, 1994 6:00 pm Joint meeting City Council 6 Human Services Commission Tuesday Dec. 20, 1994 7:30 pm Regular meeting Apmll•I 14