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03-11-1991 - Regular Meeting - Minutes0 • • M I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL March 11, 1991 The regular meeting of the West Covina City Council was called to order by Mayor Tarozzi at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Councilmember Herfert and the invo- cation was given by Father Ray Smith, St. Martha's Episcopal Church. ROLL CALL Mayor Tarozzi, Mayor Pro Tem McFadden, Councilmembers Herfert, Jennings,(Manners - absent) Others Present: Thomas, Hanna, Lennard, Wylie, Holler, Haley, Miller, Salazar, Wolff, Hoppe, Koniarsky, McClelland, Holmes, Manheim, Hendrix, Brown, Berry PRESENTATIONS Motion by Jennings, seconded by Herfert, and unanimously carried to approve a resolution of commendation for Al Bishop, retiring Maintenance Department employee. Mayor Tarozzi presented the resolution of commendation to Al Bishop. CLOSED SESSION Mayor Tarozzi recessed the City Council meeting at 7:35 pm to conduct --a closed session to discuss with the City Attorney a pending litigation matter. The City Council reconvened at 7:43 pm. HEARING GENERAL PLAN AMENDMENT NO. IA-91-17, ZONE CHANGE NO. 637, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (Sunset Medical Group) City Clerk Berry verified the affidavit of publication and mailing. Mayor Tarozzi opened the hearing and the staff report was presented by Planning Director Haley. Public —Testimony Mayor Tarozzi opened the public testimony portion of the hearing and asked for comments favoring the amendment. In Favor: The following spoke in support: Margaret Courtney Margaret Courtney, architect Mayor Tarozzi asked for comments in opposition to the In Opposition: amendment and the following spoke: Peggy Mitchell Peggy Mitchell, 1314 W. Devers, asked for a clarification Emma Fischbeck of how this project would affect her property. Emma Fischbeck, 1137 Auburn Street, suggested the developer plant vines along the wall to deter graffiti. Public Testimony closed There were no rebuttal comments and Mayor Tarozzi closed the public testimony portion of the hearing. Staff responded to the questions and the architect nodded in agreement to planting vines. City Clerk presented: Resolution 86f9 - RESOLUTION NO. 8649 - A RESOLUTION OF THE CITY COUNCIL certifying Neg. Dec. OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. IA-91-17 AND CHNAGE CHANGE NO. 637 (Sunset Medical Group) Motion by Herfert, seconded by Jennings, and unani- - 1 - • • 0 CITY COUNCIL MINUTES 3/11/91 Page 2 mously carried to waive further reading of the resolution and to adopt. Resolution 8650 - RESOLUTION NO, 8650 - A RESOLUTION OF THE CITY COUNCIL approving Gen. Plan. OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL Amend. IA-91-17 PLAN AMENDMENT NO. IA-91-17 (Land Use Element) TO THE GENERAL PLAN (Sunset Medical Group) Motion by Herfert, seconded by Jennings, and unanimously carried to waive further reading of the resolution and to adopt. City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST Zone Change 637 COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 637 - Sunset Medical Group) Motion by Jennings, seconded by Herfert, and unanimously carried to waive further reading of the ordinance. Motion by Jennings, seconded by Herfert, and unanimously carried to introduce the ordinance. Mayor Tarozzi announced that Redevelopment Agency Agenda Item regarding developer proposal presentations for the northwest corner of Barranca and Garvey Avenue will be considered on Wednesday evening, March 13, 1991. HEARING GENERAL PLAN AMENDMENT NO. IB-91-7, WOODSIDE VILLAGE MASTER PLAN AMENDMENT NO. 4, SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (UBS Partners) City Clerk Berry verified the affidavit of publication and mailing. Mayor Tarozzi opened the hearing.,and the staff report was presented by Planning Director Haley. Mayor Tarozzi opened the public testimony portion of the Public Testimony hearing and asked for comments favoring the amendment. In Favor: The following person addressed Council: Ron Sloan Ron Sloan of UBS Partners, the applicant Mayor Tarozzi asked for comments in opposition and the In Opposition: following addressed Council: Jean Arneson Jean Arneson, 1116 Donna Beth, stated she was ambivalent about the project but emphatic that complete disclosure regarding the BKK Landfill be included in the homeowners' awareness packet. John Gain John Gain, 2233 Merced Street, was also ambivalent about the project but felt that this was not the time to start new construction projects with the current water shortage. Rebuttal: Mayor Tarozzi asked for rebuttal comments and Ron Sloan Ron Sloan explained that the grading, which takes a lot of water, has already been completed. It will be two years before the houses are ready. Mayor Tarozzi closed the public testimony portion of the Council discussion hearing and commenced Council discussion. In response to several Council questions, Special Counsel Lennard explained that if the Department of Health Services makes the deter- mination that the project area falls within the "border zone property" designation, the amendments considered this evening by Council will become null and void. This evening's affirmative action by the Council will allow the developer to move ahead with his plans and approach the DHS for their decision. MM • C, J • CITY COUNCIL MINUTES 3/11/91 Page 3 Council was emphatic that complete disclosure of the BKK issue be discussed in the homeowner's awareness packet. City Clerk presented: Resolution 8651 - RESOLUTION NO. 8651 - A RESOLUTION OF THE CITY COUNCIL OF approving final sup- THE CITY OF WEST.COVINA, CALIFORNIA, CERTIFYING THE FINAL plemental EIR SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO, IB-91-7, WOODSIDE VILLAGE MASTER PLAN AMEND- MENT NO. 4, TENTATIVE TRACT MAP NO. 48997 AND DEVELOPMENT PLAN N0, 37, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion by Herfert, seconded by McFadden, and unanimously carried to waive further reading and adopt. Resolution 8652 - RESOLUTION NO. 8652 - A RESOLUTION OF THE CITY COUNCIL OF adopting General Plan THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING GENERAL PLAN Amend, No, IB-91-7 NO. IB-91-7 (Land Use Element) TO THE GENERAL PLAN (UBS Partners) Motion by Jennings, seconded by McFadden, and unanimously carried to waive further reading of the resolution and to adopt, Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, UBS'Partners CALIFORNIA, ADOPTING WOODSIDE VILLAGE MASTER PLAN AMENDMENT NO, 4 (LAND USE MAP) TO THE WOODSIDE VILLAGE MASTER PLAN (UBS, Partners) Motion by Jennings,seconded by McFadden, and unanimously carried to Twaive,`further reading of the ordinance. Motion by Jennings, seconded by McFadden, and unanimously carried to introduce the ordinance. Recess Mayor Tarozzi`-called a recess at 9:10 pm. Council reconvened at 9:20 pm with all members present,, except Manners. HEARING• IMPLEMENTATION OF WATER CONSERVATION MEASURES - ADOPTION OF RESOLUTION City Clerk Berry verified the affidavit of publication. Mayor Tarozzi opened the hearing and the staff report was presented by Public Works Division Manager Wolff. Mayor Tarozzi opened the public testimony portion of the hearing and asked for comments from the audience. The Public Testimony following addressed,Council: Robert Reich Robert Reich, 2135 E. Vine Royal Brown Royal Brown, 2153 Aroma Drive Paul Gray Paul Gray, 1200 E. Alaska, Glendora, owner of Covina Manor apartments. Wally Serlock Wally Serlock,.1265 Cypress, Covina Emma Fischbeck Emma Fischbeck, 1137 Auburn Street Sally Rader Sally Rader, 2824 E. Sunset Hill Drive Iris Delameter Iris Delameter, 1212 W. Eckerman Avenue Mayor Tarozzi closed the public testimony portion of the hearing and Interim City Manager Thomas responded to the comments and suggestions offered under public testimony, clarifying the ordinance provisions and how they apply within the City: City Clerk Berry presented: RESOLUTION N0, 8653 --A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THAT A WATER .SHORTAGE EXISTS AND IMPLEMENT PHASE I OF CITY'S WATER CON- - 3 - r n U • CITY COUNCIL MINUTES 3/11/91 Page 4 SERVATION ORDINANCE Motion by Herfert, seconded by. McFadden, and unanimously carried to waive further reading of the resolution and to adopt. Council concurred with Councilmember's suggestion to prohibit watering during the hours of 6:00 am and 10:00 pm on golf courses, parks, nurseries, and open space areas., AGENDA AND ORAL COMMUNICATIONS Robert Reich, 2135 E. Vine, opposed the adoption of the Community Facilities District ordinance, presenting his Robert Reich interpretation of state law. Iris Delameter, 1212 W. Eckerman Avenue, commented on several Iris Delameter agenda items. John Gain, 2233 Merced Street, expressed his opposition to John Gain the CFD ordinance. Jean Arneson, 1116 Donna Beth, spoke in opposition to portion, Jean Arneson of the recycling issue later on the Agenda. Royal Brown Royal Brown, 2153 Aroma Drive, discussed water rates (D-1). Interim City Manager Thomas responded to the comments about.._ the CFD ordinance and the Mello Roos issue. Mr. Reich was permitted to rebut. Mayor Pro Tem McFadden raised the following questions, requesting a written response from the City Attorney: a) Liability of the City concerning the issuance of the bonds. Wants to be sure general fund is protected if the bonds default, b), Does the developer have a need for the bonds to be issued in order to finish the project. c) A full accounting of, the costs to the developer for the improvements made by the developer, verified. . . •d). A:full legal opinion on the morality issue raised by Mr. Reich. Recess Mayor Tarozzi called a recess at 11:25 pm. Council reconvene( at 11:35 pm with all members present-; except Manners. CONSENT CALENDAR Written Communications (none received) 'Commission Summary of Actions (receive and file) Planning Commission 3/6/91 Waste Mgt & Envir. Quality 2/21/91 Recreation & Parks 2/26/91 Human Resources Commission . 2/28/91 Temporary Use Permits (receive and file) TUP #2002-91 issued to West Covina Nissan, 1840 E. Garvey Avenue, for balloons on .2/22/91. TUP #2003-91 issued to Covina Power Squadron, Eastland .Center ;(north parking lot) for a boat inspection on 3/16/91. - 4 - C� CITY COUNCIL MINUTES 3/11/91 Page 5 Claims for Action (deny and notify claimant) Rockview Dairy #29 vs City of West Covina: On February 13, 1991 a claim for monetary loss amounting to $23.72 was received by the City Clerk's Office. Hilario Sanchez and Maria Sanchez, guardian ad litem for minor vs City of West Covina: On October 19, 1991 a claim for personal injuries amounting to $150,000 was received by the City Clerk's Office. Miscellaneous Public Works a) Street Sweeping Parking Restrictions - Designation of Certain Streets Location: portion.of Cameron..& Citrus. • Recommendation is to adopt: Resolution 8654 - RESOLUTION NO..8654 - A RESOLUTION OF THE"CITY street sweeping COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO PARKING RESTRUCTIONS FOR STREET SWEEPING PURPOSES.`: b) Designation of Certain Streets with Vehicle.Height Parking Restrictions Location: Rio Verde Drive westerly of Hollenbeck. Recommendation is to adopt:`..,.. Resolution 8655 - RESOLUTION NO. 8655 - A RESOLUTION OF THE CITY parking restrictions COUNCIL OF THE.CITY OF WEST COVINA, CALIFORNIA, re vehicles 6' or more RELATING TO PARKING RESTRICTIONS FOR VEHICLES THAT in height ARE SIX (6) FEET OR MORE IN HEIGHT c) Amending Section 22-175 - Overnight Parking Restrictions in Limited Areas Location: Rio Verde Drive westerly of Hollebeck. Portions of Hillborn Avenue and Rodilee Avenue. • Recommendation is to introduce: Ordinance introduced - AN,.,ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST overnight parking COVINA, CALIOFNRIA, AMENDING SECTION 22-175 OF THE WEST restrictions COVINA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING RESTRICTIONS . d) Landscape Contract Renewal - Los Angeles County/West Covina Civic Center Landscape contract - Location: West Covina Civic Center. Creative Landscaping Recommendation is to grant renewal to Creative Land- scaping; Inc. for contract services for the coming twelve-month period at a 6% increase.' Ordinances for Adoption (waive reading and adopt) • Ordinance 1872 - held over ORDINANCE NO. 1872 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF WEST COVINA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 91-1 OF THE CITY OF WEST COVINA (South Hills) Ordinance 1873 - ORDINANCE NO, 1873 - AN ORDINANCE OF THE CITY COUNCIL OF uniforms for security THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-4 guards TO THE WEST COVINA MUNICIPAL CODE REGARDING UNIFORMS FOR PRIVATE SECURITY PERSONNEL - 5 - CITY COUNCIL MINUTES 3/11/91 Page 6 Ordinance 1874 ORDINANCE NO. 1874 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTION 15-5 RESTRICTING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN 'PUBLIC PLACES Award of Bid - Curbside Recycling Containers Curbside recycling Recommendation is to award Bid No.. 91-04 in the amount of bins - held over $221,880 for curbside recycling containers to the lowest responsible bidder, A-1 Products Corporation. Waste Management Activities Report Informational Report (receive and file) • ITEMS REMOVED FOR SEPARATE Item C-7 (award of bid) was held over, per request of DISCUSSION ICM Harry Thomas. Item C-6a (CFD ordinance) was held over until Councilmember Manners would be present). CONSENT CALENDAR MOTION Motion by Jennings, seconded by Herfert,to waive further reading of the resolutions And ordinances, and to adopt; and to approve all other items listed on the Consent Calendar, except C-7 and C-6a; Motion carried by roll call vote: AYES: Herfert, Jennings, McFadden, Tarozzi NOES: None ABSENT: Manners COMMUNITY SERVICES DIVISION HUMAN SERVICES DEPARTMENT 1) SHUTTLE CONTRACT Council reviewed the staff report. • Motion by Herfert, seconded by McFadden, and unani- mously carried to a) Authorize the Mayor to execute a Shuttle Contract - three -.year contract with Community Transit Services for Community Transit Services the operation of the Shuttle Route A service in accord with their proposal dated February 8, 1991. b) Authorize the Human Services Director to submit a project des- cription to the Los Angeles County Transportation Commission for the shuttle services. c) Approve amend - amend of the current contract with Community Transit Services to extend the service from 4/1/91 to 6/30/91 at the current rate. PUBLIC WORKS DIVISION WATER RATE UPDATE - WEST COVINA WATER DEPARTMENT Council reviewed the staff report. • City Clerk presented: Resolution 8656 - RESOLUTION NO. 8656 - A RESOLUTION OF THE CITY COUNCIL water rates' OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A TABLE OF RATES AND CHARGES FOR THE FUNISHING OF WATER, AS AMENDED Motion by Herfert, seconded by Jennings, and unanimously carried to waive reading of the resolution and adopt. UNDERGROUND UTILITY DISTRICT NO. 2 - REVISING UNDERGROUNDING REQUIREMENTS Council reviewed the staff report. - 6 Cl LJ • • CITY COUNCIL MINUTES 3/11/91 Page 7 City Clerk presented: Resolution 8657 - RESOLUTION NO. 8657 - A RESOLUTION OF THE CITY COUNCIL Underground Utility OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING UNDER- Distr. No. 2 GROUNDING REQUIREMENTS FOR UNDERGROUND UTILITY DISTRICT NO 2 Motion by Jennings, seconded by Herfert,.and unani- mously carried to waive further reading of the resolution and to adopt. COMMUNITY SERVICES DIVISION (CONTINUED) OFFICE OF COMMUNITY SERVICES 1) SOURCE REDUCTION AND RECYCLING ELEMENT PROGRAM ALTERNATIVES Source Reduction Report Council reviewed the staff report. Motion by Herfert, seconded by McFadden, and unani- mously carried to receive and file the report. 2). RECYCLING SERVICES PROPOSALS Council reviewed the staff report and Councilmember Herfert opposed item two of the recommendation. Council concurred, Motion by Herfert, seconded by McFadden, and unani- mously carried to: . a)_ approve the implementation of West Covina Dis- posal's proposals IV, V, and VI for yard waste; apart - Recycling proposals ment and multifamily development recycling; and com- of West Covina Disposal mercial'and business recycling services as proposed. b) Deleted, c) Approve:•.West Covina Disposal's proposal to pro- vide technical assistance to nonprofit organizations. d) Support the development of a household hazardous waste collection program to include both drop-off and roundup on a regional basis to better serve the residents r' of West Covina. e) Accept West Covina Disposal's proposals VII & X. HUMAN SERVICES DEPARTMENT (CONTINUED) DREAM QUEST ENTERPRISES. INC. SANCTIONING Council reviewed the staff report. Motion by McFadden, seconded by Herfert, and unanimously carried to approve sanctioning of Dream Quest Enterprises, Inc. OPERATIONAL SERVICES -DIVISION No items scheduled for this meeting. PUBLIC SAFETY DIVISION POLICE DEPARTMENT MOBILE COMPUTER -TERMINAL PROJECT SYSTEM PHASE IV Council reviewed the staff report. Motion by Jennings, seconded by Herfert, and unanimously carried to a) authorize the transfer of,$880,000 plus tax and 10% contingency from Drug Enforcement Rebate funds to the C.I.P. Mobile Computer Terminal Project, and b) - 7 - • • 0 CITY COUNCIL MINUTES 3/11/91 Page 8 authorize staff to solocit proposals from qualified system vendors to initiate and complete Phase IV of the Police Computer System. FIRE DEPARTMENT WEED ABATEMENT 1991 Council reviewed the staff report. City Clerk presented; Resolution 8658 - RESOLUTION NO. 8658 - A RESOLUTION OF THE CITY COUNCIL Weed Abatement 1991 OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUB- BISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROERTY 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 21 OF THE GOVERN- MENT CODE Motion by Herfert, seconded by McFadden, and unanimously carried to waive further reading of the resolution and to adopt. Motion included approving the Weed Abatement Roll for the calendar year 1991 and setting March 25, 1991 as the date for hearing objections or protests. REDEVELOPMENT AGENCY Mayor Tarozzi recessed the City Council at 11:52 pm to con- vene the Redevelopment Agency. The City Council reconvened at 11:55 pm. CITY MANAGER CITY COMMISSION APPOINTMENTS Council reviewed the staff report. Commission seats Motion by Herfert, seconded by McFadden, and unanimously carried to direct staff to advertise for applicants for up- coming commission vacancies. APPROVAL OF DEMANDS` "`. Motion by McFadden, seconded by Tarozzi to approve Demands totaling $2,139,746.16 as listed on check registers FI 122679 through 123008. Motion carried by roll call vote: AYES: Herfert; Jennings, McFadden, Tarozzi NOES: None ABSENT: Manners ABSTAIN: Herfert (re SCE bill) ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS TEMPORARY USE PERMIT PROVISIONS PERTAINING TO AUTOMOBILE DEALERSHIP PROMOTIONAL EVENTS Due to the late hour, Mayor Tarozzi suggested holding this matter over until the next regular meeting. Council concurred. COUNCILMEMBERS'"REPORTS 1) CITY ENTRANCE AND SERVICE CLUB SIGNAGE This item held over due to the late hour. 2) GULF WAR VETERANS RECOGNITION This item held over due to the late hour. M:W 11 CITY COUNCIL MINUTES 3/11/91 Page 9 Councilmember Herfert requested staff agendize the subject of signage on Azusa Avenue. Mayor Tarozzi stated that'he visited'Bienvenidos, which had received a $500 donation from the American Legion. Closed Session Mayor Tarozzi recessed the City Council meeting to convene a closed session pursuant to Government Code Section 54956.9(c) at 12:04 am. Council recovened at 12:10 am. ADJOURNMENT Motion by Herfert, seconded by Jennings, and unanimously carried to adjourn the meeting at 12:10 am to 6:30 pm on Wednesday March 13, 1991. • ATTEST: City Clerk Jane V erry • 0 Ma r Bill Tarozzi ZZ