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04-06-1999 - RegularTuesday ` April 6, 1999 t, REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:30 p.m. Council Chambers 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 (626) 814-8433 (voice) or (626) 9604422 (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. M INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES PROCLAMATIONS/PRESENTATIONS Dr. Kundan Peter, West Covina United Methodist Howard, Melendez, Herfert, Touhey, Wong Regular meeting of March 16, 1999 Special meeting of March 23, 1999 * April Pools Week (April 19 through April 25) * National Occupational Therapy Month (April) * E.S.G.V. Chapter of the American Red Cross — Awarding the Mayor's Cup * Invitation to Wheelchair Basketball Game * Presentation to Outgoing Mayor ADDRESSING THE CITY COUNCIL If you would like to address the City Council regarding a municipal matter that is not on the Agenda, please complete a Speaker's Card and submit it to the City Clerk any time prior to Oral Communications - Item L on the Agenda. You may approach the podium when called upon by the Mayor. .If you would like to address the City Council regarding an item on the Agenda, including Public Hearing matters, please complete a Speaker's Card and submit it to the City Clerk any time prior to the item being discussed. Citizen comments will be taken at the time the subject matter is considered by the City Council. You may approach the podium when called upon by the Mayor. Speaker's Cards are available on the table at the entrance to the Council Chambers. A) HEARINGS 1) WEED ABATEMENT 1999 This is the final step in the administrative process for the Weed Abatement Program. It requires the. City Council to receive and file the Affidavit of Mailing, conduct a public hearing to hear any public protest, and order the abatement of weeds and rubbish. a) Receive and file the Affidavit of Mailing b) Open hearing c) Presentation of staff report I certify that copies of the Coundfl Agenda fok the inwtittd cf _ ;vexes rrort?xi ir> w=rdknW with the 1/07 BrO-11il Act Amene.mvnts, an=,(��//�OGIG'. efffae of trre 01tt�t3bez� City Council Agenda • April 6, 1999 d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council order the abatement of weeds and rubbish on those properties described in Resolution of Intention No. 9665. Motion by 2nd by to approve disapprove hold over 2) ABANDONMENT OF SHAKESPEARE PARK SITE On February 16, 1999 the City Council adopted Resolution No. 9660 declaring its intent to abandon the Shakespeare Park site (adjacent to the southwesterly comer of Shakespeare Drive and Nogales Street) and setting April 6, 1999 as the hearing date to formally consider this abandonment. This action is being proposed as an initial step toward the potential sale of the site to a private development firm for residential development of the site. a) Verification of publication b) Open hearing c) Presentation of staff report d) Public testimony e) Close hearing f) Council discussion g) Recommendation: 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, ORDERING THE ABANDONMENT OF THE SHAKESPEARE PARK SITE, DESCRIBED HEREIN, PURSUANT TO GOVERNMENT CODE § 38501 ET SEQ. Motion by 2n0 by to waive further reading of the resolution and to adopt disapprove hold over 3) AMENDMENT TO THE 1998/99 ACTION PLAN The City of West Covina has received additional entitlement funds for CDBG. Based on existing demand for public service, the Community Services Commission and staff are requesting that a portion of these funds be allocated to the Senior Citizens' Assistance Program. The balance of funds is requested for capital projects. a) Verification of publication b) Open hearing c) Presentation of staff report d) Public testimony agd 04.06.99 2 City Council Agenda • • April 6, 1999 e) Close hearing f) Council discussion g) Recommendation: The Community Services Commission and staff recommend that the City Council approve the Amendment to the 1998/99 Action Plan as follows: i) An additional CDBG appropriation of $1,415 against the Senior Citizens Assistance Program (131-304-2416-6270); and ii) An additional appropriation of $8,022 against the Capital Improvement Program for projects to be announced later. Motion by tad by to approve disapprove hold over 4) CODE AMENDMENT NO.293 — CODE REVISIONS WOODSIDE VILLAGE MASTER PLAN AMENDMENT NO.7 This code amendment consists of a number of miscellaneous revisions to Chapters 1, 5, and 26 of the Municipal Code and the Woodside Village Master Plan text. These amendments are generally intended to enhance the clarity and precision of terms and standards, correct minor wording and editorial defects, update administrative procedures, codify existing policies, and make other minor changes to address emerging issues. a) Verification of publication b) Open hearing c) Presentation of staff report d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance and adopt the following resolution: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 1 (GENERAL PROVISIONS), CHAPTER 5 (AMUSEMENTS), CHAPTER 15 (PUBLIC HEALTH AND SAFETY), AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE (Code Amendment No. 283) Motion by I- 2ad by_ to waive further reading of the ordinance and to introduce disapprove hold over ROLL CALL: Herfert, Melendez, Touhey, Wong, Howard RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WOODSIDE VILLAGE MASTER PLAN (Woodside Village Master Plan amendment No. 7) Motion by 2ad by _ to waive further reading of the resolution and to adopt disapprove hold over aged 04.06.99 3 City Council Agenda • • April 6, 1999 5) CODE AMENDMENT NO.280 INDOOR MULTI -TENANT RETAIL CENTERS (INDOOR SWAP MEETS) This code amendment consists of amendments to Chapter 26 of the West Covina Municipal Code (Zoning) to establish a prohibition on indoor swap meets and indoor multi -tenant retail centers, and to establish revised standards for theme shopping uses. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO INDOOR MULTI -TENANT RETAIL CENTERS (INDOOR SWAP MEETS) AND THEME SHOPPING USES (Code Amendment No. 280) Motion by 2'd by to waive further reading of the ordinance and to introduce disapprove hold over ROLL CALL: Herfert, Melendez, Touhey, Wong, Howard B) CONSENT CALENDAR 1) Written Communications (refer to staff) a) Letter received from Michael Miller regarding important points to consider in determining trash rates and the material recovery facility contract with Athens. . b) Letter received from Michael Miller regarding incomplete landscaping of the BKK landfill site. 2) Commissions' Summary of Actions (receive and file) a) Community Services 3/9/99 b) Planning 3/23/99 c) Senior Citizens' 3/4/99 d) WasteMgmt./Env. Quality 3/18/99 3) Claims for Action (deny and notify claimant) Donna M. Green vs City of West Covina On October 19, 1998 the City Clerk's Office received a claim for bodily injury. The amount had not been determined at time of presentation. agnd 04.06.99 4 City Council Agenda April 6, 1999 4) Award of Bids a) Project PP 98213 — Cortez and Friendship Parks — Snack Bar Hoods and New Score Booth This project provides for the installation of new cooking exhaust systems in the snack bars at Cortez and Friendship parks; and for the construction of a new second -story score booth at Friendship Park. Two bids were received on and opened on March 30, 1999. The lowest responsible bid is $52,442 from Whelan Construction Company, West Covina. It is recommended that the City Council accept the bid of Whelan Construction Company in the amount of $52,442.00 as submitted at the bid opening and authorize the Mayor and City Clerk to execute the contract. b) Electric Vehicles This is a request for authorization to award�a sole source bid on the lese of three electric vehicles (EV's) to add to the City's fleet to Toyota Motor Credit Corporation and to waive the three -bid requirement. It is recommended that the City Council authorize the Environmental Management Director to award the bid on the lease of three Toyota RAV4 electric vehicles to Toyota Motor Credit Corporation, as they are the sole source for the vehicles. 5) Temporary Use Permits (receive & file) TUP #2497-99 was issued to Citrus Valley Health Partners for a bicycle and roller blade safety rodeo on March 14, 1999 located on the P level of The Plaza parking structure. 6) Acceptance of Imorovements/Release of Bond Precise Plan No. 859 Michael and Mary Lua Location: 1101 south Glendora Avenue Recommendation is to accept all on -site improvements in conjunction with the development of Precise Plan No. 859 and authorize release of Certificate of Deposit No 02-258366-26 by Grand National Bank in the amount of $25,900. 7) Traffic Committee Minutes of March 16,199 (accept & 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. The request from Virginia Phillips, Manager, West Covina Office Building, that a thirty foot loading zone and twenty minute limit for on -street parking along frontage of 2934 East Garvey Avenue South be implemented resulted in the following recommendation: THAT 31 FEET EAST OF THE WESTERLY DRIVEWAY APPROACH BE DESIGNATED AS NO PARKING (RED CURB) AND INSTALL A 30 FEET LOADING ZONE (WHITE CURB) EAST OF THE FIRE HYDRANT'S RED CURB. THE REMAINING PORTION, APPROXIMATELY 102 FEET, BE DESIGNATED AS 20-MINUTE TIME LIMIT PARKING (GREEN CURB) WITH DELINEATED PARKING AT 2934 GARVEY AVENUE SOUTH. 8) Ordinances for Adoption No ordinances for this meeting. 9) City Treasurer's Report No report for this meeting. aged 04.06.99 City Council Agenda • • April 6, 1999 10) Miscellaneous — Personnel and Risk Management Department a) Transmission of Memorandum of Understanding and Implementing Resolution — West Covina Police Officers' Association The City has completed the meet and confer process with the West Covina Police Officers' Association and reached an agreement. Recommendation is to adopt a resolution approving the Memorandum of Understanding between the City and the West Covina Police Officers' Association and appropriate $206,673 from the City's reserve funds to cover the cost of the wage and benefit enhancements for FY 1998/99: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION; AMENDING RESOLUTION NO. 7223, RELATING TO COMPENSATION AND CLASSIFICATION OF POSITIONS AS, AMENDED, AND FDIING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE WEST COVINA POLICE OFFICERS' ASSOCIATION Miscellaneous — Communications b) Charter Communications March 1 CATV Rate Increase This report is to update the City Council on the status of subject rate increase and to seek its approval for the City Manager to protest the franchise fee increase. Recommendation is to authorize the City Manager to sign and forward the letter attached to the staff report to Charter Communications pro- testing the March I franchise fee increase. Miscellaneous - Public Services c) West Covina Landscape Maintenance Districts Nos. 4, 6, and 7 — Preliminary Approval of the Engineer's Report At the February 2, 1999 meeting, the City Council adopted a resolution ordering the Engineer's Reports. It is proposed that the City Council now adopt resolutions preliminarily approving the Engineer's Reports for West Covina Landscape Maintenance Districts Nos. 4, 6, and 7, and declare its intention to levy and collect assessments within the districts for FY 1999/2000 and set the date of May 18, 1999 for the public hearings. The rates for District 4, 6, and 7 are proposed to remain the same as currently established. Recom- mendation is to adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLAR- ING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENC- ING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 4) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLAR- ING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENC- agnd 04.06.99 _ 6 City Council Agenda • • April 6, 1999 ING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 6) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLAR- ING ITS INTENTION TO HOLD A PUBLIC HEARING ON MAY 18, 1999 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENC- ING IN FISCAL YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT (West Covina Landscape Maintenance District No. 7) Miscellaneous - Community Services d) Gym Study The Community Services Department is requesting Council direction on the completion of a gym study, specifically as it relates to the sites to be evaluated. The request stems from recent bids received projecting a cost three times higher than that originally allocated. The Subcommittee of the City Council, thus, has recommended that the number of sites in the specifications be amended from nine to three. The three proposed sites are among the most feasible for construction given recent public comment and acquisition issues. It is recommended that.the City Council: j) Reduce the number of sites in the gym study from nine to three; and ii) Approve PKK, Cameron Park, and Shadow Oak Park as the sites for the analysis. Miscellaneous — Environmental Management e) BKK Landfill Groundwater Remedy BKK has asked the City to send a letter to U.S. EPA supporting BKK and the Puente Basin Water Master's concern and caution on any requirement under the Statement of Basis for the pumping of off -site extraction wells during groundwater remedy selection. The caution is in light of the possibility of drawing contaminated water off -site. Recommendation is to direct staff to send the draft letter attached to the staff report to U.S. EPA. ACTION ON THE FOREGOING CONSENT CALENDAR ITEMS 1 THROUGH 10: Motion by 2nd by to waive further reading of the resolutions and adopt, and to approve all items listed except ROLL CALL: Herfert, Melendez, Touhey, Wong, Howard END OF CONSENT CALENDAR aged 04.06.99 7 City Council Agenda • April 6, 1999 C) PUBLIC SERVICES No reports for this meeting. D) ENVIRONMENTAL MANAGEMENT No reports for this meeting. E) REDEVELOPMENT AGENCY 1) Recess the City Council meeting at p.m. to convene the Redevelopment Agency meeting. Reconvene the City Council meeting at p.m. F) 2) REDEVELOPMENT AGENCY ITEMS TO CITY COUNCIL a) CITYWIDE REDEVELOPMENT PROJECT AREA The City Council shall consider adopting a resolution authorizing a Joint Public Hearing of the West Covina City Council and the Redevelopment Agency of the City of West Covina regarding. the West Covina Citywide Redevelopment Project Area, and approving related documents. Recommendation is to adopt the following resolution: RESOLUTION NO. • - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING A JOINT PUBLIC DARING OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA TO CONSIDER ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT AREA AND RELATED ITEMS Motion by 2nd by to approve disapprove hold over b) ANNUAL REPORT — 1997/98 The City Council will review the Annual Report of the Redevelopment Agency for Fiscal Year 1997/98, which includes the Agency financial audit, as certified by Caporicci & Larson, independent, auditors. Recommendation is to receive and file the Redevelopment Agency Annual Report for 1997/98. Motion by 2ad by to approve disapprove hold over 1) 1999 FOURTH OF JULY EVENT EXTENSION REQUEST Staff is seeking confirmation of City Council discussion at the march 23, 1999 Special City Council session. At that time, City Council voted to: 1) support the West Covina Elks request to extend their Fourth of July Muscular Dystrophy fundraiser from one day to three days; and 2) appropriate $42,887 from the Business Improvement Tax for the 1999/2000 fourth of July. City Council also approved an additional appropriation not to exceed $10,000 to come from an altemate-funding source for expenses incurred by extending the event by two days. It is recommended that the City Council confirm their discussion of the March 23, 1999 Special City Council meeting as follows: aged 04.06.99 City Council Agenda • • April 6, 1999 a) Approval to extend the Muscular Dystrophy annual fundraiser from one to three days, and b) Direct the Finance staff to include either of the following appropriations in the 1999/2000 budget: 1. General Fund Reserve $ 6,360 Business Improvement Tax 42,887 $49,247 OR 2. Community Enhancement Fund $ 6,360. Business Improvement Tax 42,887 Motion by to G) POLICE DEPARTMENT 2nd by $ 49,247 1) SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. The Police Department is recommending that the City Council appropriate Supplemental law Enforcement Service funds in the amount of $236,374.66 for police services in accordance with AB 3229, the Citizens' Option for Public Safety (COPS) Program. Recommendation is to authorize the use of Supplemental Law Enforcement Services Funds to purchase new police handguns; personal safety equipment; and pay for remodeling of the police briefing room, locker room, and front lobby. Motion by 2nd by to approve disapprove hold over 2) THE FEDERAL "COPS IN SCHOOLS" GRANT The Police Department is requesting the approval of the City Council to apply for a "Cops in Schools" grant from the United States Department of Justice,' Office of. Community Oriented Policing Services. This grant will be used to hire an additional police officer who will implement a formal gang prevention program in our schools. There is no guarantee that our grant application will be approved, but our changes appear good. This grant would provide $125,000 to pay for that officer over three years. Recommendation is to approve the Police Department's grant application for the "COPS In Schools" hiring grant, administered by the Federal Office of Community Oriented Policing Services, with the understanding of the local match requirements that receipt of the grant will entail. Motion by 2nd by to approve disapprove hold over agd 04.06.99 9 City Council Agenda • • April 6, 1999 H) ADMINISTRATIVE SERVICES FINANCE DEPARTMENT 1) TEMPORARY ACCOUNTING ASSISTANCE Two Finance Department staff members are on extended leave, and one has tendered her resignation a key financial liaison in the Redevelopment Agency has also tendered her resignation. The Finance Department staff received three quotes for temporary accounting services to back -fill the positions. City Council will consider authorizing the back filling of the positions with a Senior Auditor from Caporicci and Larson. Recommendation is to take the following actions: a) Authorize the Finance Department to arrange for temporary accounting services with Caporicci and Larson to backfill the vacant position, as long as needed. b) Approve the appropriation transfer of $15,300 from 110-304-2541-5111 to 110-304-2530-6112. c) Approve the City manager to authorize other appropriation transfers, as needed, to cover the cost of temporary accounting services until identified staffing issues are resolved. Motion by 2nd by to approve disapprove hold over 1) GENERAL ADMINISTRATION No reports for this meeting. J) APPROVAL OF DEMANDS AND WERE TRANSFERS 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 To by to approve Demands totaling as listed on check registers thru ROLL CALL: Herfert, Melendez, Touhey, Wong, Howard I) ORAL COMMUNICATIONS (30 minutes) This is the time of the meeting to address the City Council on any municipal matter not listed on the Agenda. aged 04.06.99 10 City Council Agenda • • April 6, 1999 L) MAYOR'S REPORTS 1) SUPPORT FOR OVERLAY TELEPHONE AREA CODE The Los Angeles County Board of Supervisors has requested local support for the concept of an overlay telephone area code for Los Angeles County. It is anticipated that the overlay code will slow the recent proliferation of area codes in the Los Angeles area. Recommendation is to support the concept of an overlay area code for Los Angeles County and authorize the mayor to sign the letter attached to the staff report outlining the Council's support. Motion by 2nd by to approve disapprove hold over M) COUNCILMEMBERS' REPORTS N) CITY MANAGER'S ORAL REPORTS ADJOURNMENT Motion by adjourn the meeting at 2nd by p.m. TENTATIVE CITY COUNCH, MEETING SCHEDULE Thursday 4/15/99 5:30 p.m. Tuesday 4/20/99 7:30 p.m. Wednesday . 4/21/99 5:30 p.m. Wednesday 4/28/99 5:30 p.m. Tuesday 5/04/99 7:30 p.m. Tuesday 5/18/99 7:30 p.m. Study Session: Budget (Revenues) Regular meeting Study Session: Budget (Expenditures) Study Session: Budget (CIP) Regular meeting Regular meeting to aged 04.06.99 11 M) ADDENDUM CITY COUNCIL AGENDA APRIL 6, 1999 COUNCILMEMBER HERFERT 1) Taylor House Window Replacement Motion by 2"d by to 2) Metal Detectors Motion by to 3) Closed Sessions 2nd by Motion by 2"d by to H