05-11-1981 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF !JEST COVINA, CALIFORNIA
May 11, 1981
The regular meeting of the City Council of the City of blest Covina was
called to order by Mayor Shearer at 7:30 PM in the City Hall Council
Chambers, 1444 W. Garvey Avenue, !Jest Covina, California. The Pledge
of Allegiance was led by Councilmember Bacon and the invocation was
given by Dr. Myrus Knutson of Christ Lutheran Church, !.,test Covina.
ROLL CALL
Present:
Others Present:
APPROVAL OF MINUTES
PRESENTATION
Mayor Shearer, Mayor Pro Tem Tice, Councilmembers Chappell,
Tennant, Bacon
Mooney, Fast, Newton, Thomas, Miller, Eliot, Keating,
Salazar, Yoshizaki, Koniarsky, R. Holmes, Clark, Southard,
Berry
Motion by Tice, seconded by Tennant, and unanimously carried
to approve the following minutes:
Joint Meeting with Human Resources Commission, 4/20/81
Adjourned Regular Meeting, 4/27/81
Regular Meeting, 4/27/81
Adjourned Regular meeting, 5/5/81
Mayor Shearer presented a proclamation to Dr. Pierce of the
Los Angeles County Chiropractic Society proclaiming the
month of May as CORRECT POSTURE MONTH.
CONSENT CALENDAR
Written Communications
Lawrence Held
1) Request received from Lawrence S. Held for a median
opening at Amar Road and Paseo Merida. (refer to
Traffic Committee)
Continental American
2) Letter requesting waiver of penalties assessed against
Management Corp.
Brook Hollow Apartments for late payment of the business
license fees. -(refer to staff and report back)
Jim Jarrell
3) Letter from the West Covina Chamber of Commerce requesting
the City to lease the old maintenance building to the
Chamber for office space and a historical/heritage center.
(refer to staff and report back)
La France Fire Engine
4) Invitation from the City of Monrovia to participate in
City of Monrovia
Mini -Muster on May 16, 1981, by displaying '.lest Covina's
American La France Antique Fire Engine. (staff recommends
approval)
Planning Commission
Summary of Action for May -6', 1981 (accept and file)
Recreation and Parks Commission `
Summary of Action for April 28, 1981 (accept and file)
CITY COUNCIL MINUTES May 11, 1981
Page Two
Acceptance of Improvements and/or Release of Bonds
• PP 81024 Location: Sentous/Levelglen: Friendship Park
Master Bilt Fence Co. Staff recommends accepting metal rail installation and
releasing Faithful Performance Bond for $4,528.00, subject
to Notice of Completion procedure.
Tract No. 32339 'Location: North of Amar Road and Temple Avenue
Covington Bros. Staff recommends accepting landscaping and irrigation system
and releasing Faithful Performance Bond for $81,500, subject
to Notice of Completion procedure.
City Treasurer
Report for the month of March, 1981. (receive and file)
Administrative Review Board
Slight Modification
Location: Lot 4 of.Tentative Tract No. 35245, located at
No. 103
northerly terminus of St. Malo Street
Battaglia & Asso.
Applicant requested approval of a slight modification to en-
croach into the 25-foot front setback on property zoned as
R-1, Area District I. (Administrative Review Board recom-
mends approval)
Councilmember Bacon reauested`I°tem A -la be removed from the
Agenda for separate vote. Due to a. conflict of interest,
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he needed`to abstain from voting on that item.
CONSENT CALENDAR MOTION
Motion by Chappell, seconded by Tice to approve all items
of the Consent Calendar -with the exception of Item A -la.
Plotion carried by roll call. vote:
AYES: Bacon, Tennant, Chappell, Tice, Shearer
NOES: None
Item A -la
Motion by Tice, seconded -by Chappell to approve Item A -la.
Motion carried by roll call vote':
AYES: Tennant, Chappell, Tice, Shearer
NOES: None
ABSTAIN: Bacon`
ORAL COMMUNICATIONS
Emma Fishbeck, 1137 Auburn Drive; president of blest Covina
Beautiful, informed Council that Clean-Up,.Paint-It, Fix -It
Week was progressing very smoothly. She noted that 60 vol-
Emma Fishbeck
unteers were working six days a week from 9-5 in the office.
She.suggested a letter of recognition:.*be sent to each par-
ticipating organization. Mayor Shearer requested she submit
a list of those organizations and a letter would be sent out
from his office.
In connection with the clean-up week, she stated the State
Department of Transportation had approved the anti -litter
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poster to be erected at the off -ramps into Nest Covina.
The poster was created by David Miller during the anit-
litter poster contest for 7th through 12th graders.
Lollie Bergman
Lillie Bergman, 426 South Leaf, addressed Council re the
BKK landfill issue. She felt Council has handled the BKK
matter very thoroughly and was upset that comments from the
residents around the landfill have Droqressed to personal
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CITY COUNCIL MINUTES May 11, 1981
Pape Three
attacks on the.Council and staff: She contacted nineteen
. families and found that they concurred with her own feelings
in that most of the citizens in West Covina are either mis-
informed, don't understand, or don't care about the B KK issue.
She told Council that she is starting a committee to express
a different view point of the issue. The issue, as she sees
it,.is not the danger but the -smell -and the prospect of de-
clininq property values, as well as the loss of revenue to
the city.
She suggested Council limit debates on the issue unless
scheduled on the Agenda, review current actions already taken
(esoec-ially placing the initiative ordinance on the November
ballot), and.the need for unifying efforts to qet action from
the State departments.
Beatrice Uribe Beatrice Uribe, 1121 E. Greenville Drive, appreciated
Council listening to the general public and thought it would
-be,a mistake to limit comments`to'hearinn items only.
Louis Gilbert Louis Gilbert, 428 S. Fernwood Street, felt it was the
right. of.each citizen to be able to address Council on any
matter. He also.felt the emergency ordinance adopted by
Council was drawn up in such a way that it wouldn't hold up
in .court.
Mayor Shearer invited.anyone to submit language for a.
better ordinance.
• .�OP,AL COMMUNICATIONS was halted to conduct the scheduled-'pub-
1-ic hearings.
HEARINGS - 1) PCD-1 AMENDMENT NO. 6 DEVELOPMENT PLAN NO. 31
TENTATIVE TRACT NO.-41972 NEGATIVE DECLARATION
'Applicant: Richard Chylinski
Location: Pass and Covina'Road and Lark Ellen Avenue
PCD-1 City Clerk Mooney verified the Affidavits of Publication
Tentative Tract 41972 and Mailing. Environmental Services Director Mike Miller
Dev,elooment Plan 31 presented the -staff report. Council asked questions re
Negative Declaration sidewalks within the development and if the schoolchildren
would be riding the bus.;
Public Testimony Mayor Shearer.opened. the hearing for public comments.
IN.FAVOR Betty Joyce, 1509 Del Haven, requested a clarification
of the sidewalks.
Richard Chylinski, 1550 F, Puente Avenue, the appli-
cant, stated that sidewalks were planned for the southerly
side of the private street and the public streets around
the tract.
IN OPPOSITION No one spoke in.opposition to the development.
Public .Testimony Closed Mayor Shearer closed the public.portion of the hearing.
Council comments favored the development.
City Attorney presented:
Resolution No. 6329 RESOLUTION NO. 6329 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AMEND-
-TO PLANNED `C0PIMUNITY DE��ELOP�"ENT N0. 1 AND MENT NO. 6
CERTIFYING ,THE.`NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT APPLIES THERETO
Resolution NO. 6330 RESOLUTION N0. 6330 = A: RESOLUTION OF THE CITY COUNCIL
OF THE.CITY OF.I.IEST COvINA, CALIFORNIA, APPROVING TENTA-
TIVE TRACT MAP -NO. 41972 AND�CER.TIFYING.THE NEGATIVE
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CITY COUNCIL MINUTES
Resolution No. 6331'
Adoption of
foregoing resolutions
May 11, 1981
Page Four
DECLARATION OF ENVIRONMENTAL IMPACT AS IT APPLIES THERETO
RESOLUTION NO. 6331 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF 14EST COVINA, CALIFORNIA, APPROVING PCD-1,
DEVELOPMENT PLAN NO. 31 AND CERTIFYING THE NEGATIVE DEC-
LARATION OF ENVIRONMENTAL IMPACT AS IT APPLIES THERETO
Motion by Tice, seconded by Tennant, and unanimously
carried to waive further reading, -of the resolutions and
to adopt.
HEARING
2) SUNSET AVENUE TRIANGLE -,HEARING ON VACATION OF SUNSET
AVENUE
Vacation of a.portion
Motion by Chappell, seconded by Tice, and unanimously
of Sunset Avenue
carried to receive and file the Affidavits of Posting
and Publication. City Engineer Harry Thomas presented
the staff report. `..City Clerk Mooney stated that no
written protests had been received re the matter.
No public testimony
Mayor Shearer opened the hearing for public comments.
No one addressed Council and he closed the public portion.
City Attorney presented: _
RESOLUTION NO. 6332 -'A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF'WEST COVINA, CALIFORNIA, ORDERING THE VA-
CATION OF A CERTAIN PORTION OF SUNSET AVENUE
Motion by Bacon, seconded by Tennant, and unanimously
Adoption of
carried to waive further -reading of the resolution and to
Resolution. No. 6332
adopt.
HEARING 3) JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY
PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
Joint Public Hearing THE REDEVELOPMENT AGENCY AND JACK J. ZUKERMAN, PERTAIN -
with the Redevelop- ING TO CERTAIN REAL PROPERTY IN THE !WEST COVINA CENTRAL
ment'Agency 'BUSINESS DISTRICT REDEVELOPMENT PROJECT: AND MAKING
ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DEVEL-
OPMENT .
Hearing continued
until May 26, 1981
Location: Generally., east of Azusa Avenue.and south of
Garvey Avenue
Chairman Shearer convened the Redevelopment Agency meeting.
Secretary Mooney noted that all members were present, and
stated that the Affidavits of Publication and Mailing
were on file in both the City Clerk's Office and the
Redevelopment Agency office.
Shearer stated that due to modifications to the pro-
posed Disposition and Development Agreement which had
recently been introduced, the Agency staff requested
that the public hearing be continued to May 26, 1981.'
Motion by Tice, seconded by Chappell, and unanimously
carried to continue the hearing to May 26, 1981.
Shearer, as Chairman of_the Redevelopment Agency,
recessed_ the Agency meeting to continue the City Council
meeting Agenda.
ORAL COMMUNICATIONS CONTINUED Tom Whisenhunt, 2132 Kings Crest Drive, representing
Tom Whisenhunt Bob McCracken, 2136 Kings Crest Drive, served Notices of
Intention to Circulate Recall Petitions to Shearer, Tice,
Notice of..,Intent to Chappell, and Bacon. He read the notice in its entirety.
Circulate Recall Petition
CITY COUNCIL MINUTES May 11, 1981
Page Five
ORAL COMMUNICATIONS No one else in the audience wished to address Council. Mayor
• CLOSED Shearer closed ORAL COMMUNICATIONS.
Recess
AWARD OF BIDS
Mayor Shearer called a recess at 8:35 PM. Council reconvened
at 8:45 PM. Councilmember Tennant was absent for the remainder
of the meeting!
There were no contract awards scheduled for this Agenda.
PUBLIC WORKS 1)
APPROVE LOT
LINE ADJUSTMENT - J.K. EICHENBAUM
Location:
Southeasterly corner of Azusa.Avenue R. Amar Rd.
Council reviewed
City Engineer's Report.
`Lot Line Adjustment
City Attorney presented:
J.K. Eichenbaum
RESOLUTION NO. 6333 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HEST COVINA, CALIFORNIA, APPROVING A LOT
LINE ADJUSTMENT AND DIRECTING THE RECORDATION THEREOF
(J.K. Eichenbaum)
Motion
by Tice, seconded by Chappell, and unanimously
Adoption of
carried to
waive further reading of the resolution and to
Resolution No. 6333
adopt.
2).
ANNEXATIONS NO. 231_AND 237 - WITHDRAWAL OF ANNEXATION
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AREAS FROM�CERTAIN SPECIAL DISTRICTS
Council reviewed City Engineer's Report.
Withdrawal from districts
City Attorney -presented:
Resolution No. .6334
RESOLUTION NO. 6.334 - A RESOLUTION OF THE CITY COUNCIL
-
OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESO-
LUTION NO.,16268 AND REQUESTING THE EXCLUSION FROM COUNTY
LIGHTING MAINTENANCE DISTRICT NO. 1744 OF CERTAIN TERRI-
TORY -IN THAT DISTRICT 14HICH HAS BEEN ANNEXED TO THE CITY
OF WEST COVINA
Resolution No. 6335
RESOLUTION NO. 6335 - A RESOLUTION OF THE CITY COUNCIL
'OF THE CITY OF !JEST COVINA, CALIFORNIA, RESCINDING RESO-
LUTION N0. 6269 AND REQUESTING THE EXCLUSION FROM GARO
LIGHTING DISTRICT OF CERTAIN TERRITORY IN THAT DISTRICT
WHICH'HAS QEEN
ANNEXED TO THE CITY OF WEST COVINA
Motion
by Tice, seconded by Chappell, and unanimously
Adoption of
carried to
waive further reading of the resolutions and
foregoing resolutions
to adopt.
3)
CITYWIDE STREET LIGHTING AND LANDSCAPE MAINTENANCE DIS-
TRICT NO. 1j981--82 AND WOODSIDE VILLAGE LANDSCAPE MAIN-
TENANCE DISTRICT NO. 4 - 1981-82 (RENE14AL)
Lighting & Landscape
Council reviewed City Enn-i'neer's Report.
Maintenance Districts.
City Attornley
presented:
• Resolution No. 63.36
RESOLUTION NO. 6336. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEST COVINA, CALIFORNIA, APPROVING THE RE-
PORT OF THE CITY ENGINEER OF.SA.ID CITY MADE PURSUANT TO
THE REQUIREMENTS OF RESOLUTION NO. 6285 OF SAID COUNCIL
Resolution NO. 6337,
RESOLUTION NO. 6337 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY. OF !JEST COVINA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER CERTAIN STREET LIGHTING FIXTURES AND
APPURTENANCES TO, BE INSTALLED, MAINTAINED AND ELECTRIC
CURRENT TO BE. FURNISWED FOR LIGHTING FIXTURES AND TO
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CITY -COUNCIL MINUTES
May 11, 1981
Page Six
ORDER CERTAIN LANDSCAPING TO BE INSTALLED AND MAINTAINED
"YEAR BEGINNING JULY 1, 1981 AND APPOINTING FOR THE FISCAL
A TIME AND PLACE FOR HEARING PROTESTS IN RELATIONS THERETO
Resolution No. 6338
RESOLUTION NO. 6338 - A -RESOLUTION OF THE CITY COUNCIL
Approving Report
OF THE CITY OF WEST COVINA., CALIFORNIA, APPROVING THE
REPORT OF THE CITY ENGINEER OF SAID CITY MADE PURSUANT TO
THE REQUIREMENTS OF RESOLUTION NO.'6286 Of SAID COUNCIL
Resolution No. 6339
RESOLUTION NO. 6339 - A RESOLUTION OF THE CITY COUN-
Setting protest
CIL.OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING
hearing for 6,/8/81
ITS INTENTION TO ORDER CERTAIN -MAINTENANCE OF EXISTING
LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND
MODIFICATION OF SAID LANDSCAPING AS IT.BECOMES NECESSARY
WITHIN SAID DISTRICT FOR THE FISCAL YEAR BEGINNING JULY
1, 1981 AND APPOINTING A:TIME AND PLACE FOR HEARING PRO-
TESTS IN RELATION THERETO
Motion by Chappell., seconded by.Tice, and unanimously
Adoption of
carried to waive further reading of the resolutions and
forego.in-g resolutions
to adopt.
4)
-WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND 7 -
FORMATION - LARWIN DEVELOPMENT AND PONDEROSA HOMES, INC.
.Formation of Landscape
-Council reviewed`.City Engineer's Report.
Maintenance Districts
City Attorney 'presented:
N o . 6 & 7
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MAINTENANCE DISTRICT NO:- 6
Resolution No. 6340
RESOLUTION NO. 6340 - A RESOLUTION OF THE CITY COUN-
Approving Report
CIL OF THE CITY OF IIEST COVINA, CALIFORNIA, APPROVING
THE REPORT OF THE CITY ENGINEER OF SAID CITY MADE PUR-
SUANT TO .THE REQUIREMENTS OF RESOLUTION N0. 6190 OF
SAID COUNCIL
Resolution No*.6341
RESOLUTION -NO. 6341 = A RESOLUTION OF THE CITY COUN-
Setting protest.,*.-.,
CIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING
hearing for 6/8/81 r
ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING
-LANDSCAPING IN - THE DESIGNATED AREAS, REPLACEMENT AND
MODIFICATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY
WITHIN SAID -DISTRICT FOR THE FISCAL YEAR BEGINNING JULY
T, 1981 AND APPOINTING.A, TIME AND PLACE FOR HEARING
PROTESTS IN RELATION THERETO .
MAINTENANCE -DISTRICT NO. 7
.Resolution No. 6342
RESOLUTION NO. 6342 - A -RESOLUTION OF THE CITY COUN-
Approving Report
CIL OF THE CITY OF -WEST COVINA, CALIFORNIA, APPROVING
THE REPORT OF THE -CITY -ENGINEER OF SAID CITY MADE PUR-
SUANT TO THE REQUIREMENTS Of RESOLUTION NO. 6294'OF
SAID COUNCIL
Resolution No.6:343-=.
RESOLUTION NO. 634.3 - A -RESOLUTION OF THE CITY COUN-
Setting protest.
CIL OF THE CITY OF !NEST COVINA, CALIFORNIA, DECLARING
hearing for 6/8/81
ITS INTENTION TO'ORDER CERTAIN MAINTENANCE OF EXISTING
LANDSCAPING IN THE DESIGNATED,AREAS, REPLACEMENT AND
MODIFICATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY
WITHIN SAID DISTRICT FOR THE FISCAL YEAR BEGINNING JULY
1, 1981 AND.APPOINTING.A TIME AND PLACE FOR HEARING PRO-
TESTS IN'RELATION THERETO
Motion by .Tice, seconded by Chappell, and unanimously
Adoption of
carried to waive further reading of the resolutions and
foregoing resolutions
to adopt.
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CITY COUNCIL MINUTES May 11, 1981
Page Seven
5) ZONE CHANGE NO. 558 - COOPERATIVE AGREEMENT
• Zone Change No. 558 Location: 600, 604, 610 N. Azusa & 1809 E. Danes Avenue
Cooperative Agreement Council reviewed Engineer's Report.
with LaBerges Motion by Chappell, seconded by Tice to authorize the
Mayor and City Clerk to execute the Cooperative Agree-
ment with Edward and Gladys LaBerge for payment of the
fair share of the Danes Drive cul-de-sac improvements.
Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, Shearer
NOES: None
ABSENT: Tennant
6) STREET DEFICIENCY REPORT
Council reviewed Engineer's Report.
Street Deficiency Report Motion by Tice,' seconded by Chappell, and unanimously
carried to receive and file.the report and authorize
staff to make presentations on street deficiencies to
interested community groups.
7) CAREER EXPLORATION PROGRAM
Council reviewed Engineer's Report.
Career Exploration Program Motion by Chappell, seconded by Tice, and unanimously
• carried to authorize the City to enter.into an aareement
with the Los Angeles County Superintendent of Schools
for a Career Exploration Program and authorize the Mayor
and City Clerk to sign the agreement.
8) EXTENSION OF STREET 814EEPING CONTRACT
Council reviewed Engineer's Report.
Extension of Street Motion by Tice, seconded by Chappell to grant R.F. Dickson
Sweeping Contract Company, Inc. a contract extension with a $750 per month
R.F. Dickson Co. increase and authorize the Mayor and City Clerk to execute
the agreement. Motion carried by roll call vote:
AYES: Bacon,'Chappe`11, Tice, Shearer
NOES: None
ABSENT:. Tennant
COMMISSIONS AND DEPARTMENTAL ITEMS
COMMUNICATIONS -DEPARTMENT
l) RECOMMENDATION TO ORDER 9=11 EQUIPMENT
Council reviewed staff's report.
9-1-1 equipment Motion by. Chappell, seconded by Shearer, and unani-
mously carried to authorize.the.Communications Director
• to submit an order to General Telephone Company for the
installation of 9-1-1 equipment as specified in the
approved plan.
FINANCE DEPARTMENT
1) RESOLUTION TO PURCHASE POLICE VEHICLES
Police vehicles Council reviewed staff's report.
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CITY COUNCIL MINUTES
Purchase of police
vehicles through
the State
Adoption of
Resolution No. 6344
May 11, 1981
Page Eight
City Attorney presented:
RESOLUTION -NO. 634.4 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF !NEST COVINA, CALIFORNIA, AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA
TO PURCHASE CERTAIN MISCELLANEOUS EQUIPMENT AND SUPPLIES
ON BEHALF OF THE CITY OFAWEST COVINA
Motion by Chappell,'seconded by Tice, and unanimously
carried to waive further reading of the resolution and to
adopt.
(lotion by Chappell, seconded by Tice to authorize
staff to purchase ten Dodge Diplomats, CHP Special Ser-
vice Vehicles, 1981 Model and to renew the agreement
with Covina Dodge to maintain police patrol vehicles
outlined in'the staff report. Motion carried by roll
call vote:
AYES: Bacon, Chappell, Tice, Shearer
NOES: None
ABSENT: Tennant
ENVIRONMENTAL SERVICES DIRECTOR
1) STATUS OF COMMUNITY ANTENNA TELEVISION CONSULTANT
Status of CATV
Council reviewed staff's report.
Motion by Chappell, seconded by Tice, and unanimously
carried to receive and. file the status report.
CITY ATTORNEY
ORDINANCES FOR ADOPTION
1) ZONE CHANGE NO. 558
Council reviewed staff's report.
City Attorney presented:
Zone Change No. 558
ORDINANCE NO. 1511 - AN ORDINANCE OF THE CITY COUN-
CIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE
WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL
ZONING MAP (Zone Change No. 558 - Edward and Gladys
LaBerge)
Motion by Tice, seconded by Chappell, and unanimously
carried to waive further reading of the ordinance.
Motion by Tice, seconded by Chappell to adopt the
ordinance. Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, Shearer
Adoption of
NOES: None
Ordinance No. 1511
ABSENT: Tennant
2) PURCHASING PROCEDURES
Council reviewed staff's report.
City Attorney presented:
Purchasing Procedures
ORDINANCE NO. 1512 - AN ORDINANCE OF THE CITY COUN-
CIL OF THE CITY OF ICIEST COVINA, CALIFORNIA, AMENDING THE
MUNICIPAL CODE IN RELATION TO PURCHASING PROCEDURES
Motion by Chappell, seconded by Tice,'and unanimously
carried to waive further reading of the ordinance.
Motion by Chappell, seconded by Tice to adopt the
ordinance. Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, Shearer
Adoption of
NOES: None
Ordinance No. 1512
ABSENT: Tennant
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CITY COUNCIL MINUTES
May 11, 1981
Page Nine
3) ORDINANCE NO. 1507
Ordinance No. 1507 City Attorney.read into the record his letter of 5/11/81:
Dear Mayor and Councilmembers:
City Attorney letter At your last council meeting you introduced and
read into record adopted on an urgency basis Ordinance No. 1507 prohibit-
ing the disposal of hazardous waste at any landfill in
the City which waste originates from abandoned dump sites.
As you are aware that ordinance has been legally
challenged by Mola Development Company,, BKK and the
State of California through the Attorney General and
we are presently awaiting the outcome of a hearing on
application for preliminary injunction to be held on
Tuesday May 12, 1981 in Department 88 of Los Angeles
Superior Court.
Among the many issues before the court is the ques-
tion of whether there was any legal justification to sup-
port an urgency ordinance under the provisions of the
Government Code. The City maintains that there was
ample reason and justification under the circumstances
supporting the urgency adoption.
In addition, however, I recommend second reading of
the ordinance you introduced at your last council meeting
which ordinance will then take effect 30 days after you
adopt it. Such an ordinance would then be free from
the collateral and procedural` issue of "urgency" under
the Government Code.
City Attorney presented:
ORDINANCE NO. 1507 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF !JEST COVINA, CALIFORNIA, ADDING VII TO
CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE RELATING
TO THE DISPOSAL OF HAZARDOUS WASTES FROM ABANDONED DUMP
SITES
Motion by Tice, seconded by Chappell, and unanimously
carried to waive further reading of the ordinance.,
Motion by Tice,' -seconded by Chappell to adopt the
ordinance. Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, Shearer
Adoption of NOES done
Ordinance No. 1507 ABSENT: Tennant
ORDINANCE FOR INTRODUCTION
Ordinance introduction Motion by Chappell, seconded by Tice, and unanimously car -
held over ried to hold over the introduction of this ordinance for
further review by the City Attorney.
Recess for
Redevelopment Meeting
CITY MANAGER
Mayor Shearer called a recess at 9:06 PM to continue the
Redevelopment Agency meeting. Council reconvened at 9:12 PM.
1) DECLARATION OF INTENTION: FORMULATION OF SPECIAL ASSESS-
MENT AREA (SB 55) (REFER.TO REDEVELOPMENT AGENCY AGENDA
ITEM NO. III)
Council reviewed staff's report.
City Attorney presented:
RESOLUTION NO. 6345 - A RESOLUTION OF THE CITY COUN-
CIL OF WEST COVINA, CALIFORNIA, DECLARING THE INTENTION
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SB 55 Special Assessment OF THE CITY TO FORMA SPECIAL ASSESSMENT AREA FOR THE
District: hearing set CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AND TO
for 6/22/81 LEVY SPECIAL ASSESSMENTS ON PROPERTIES LOCATED THEREIN$
DESCRIBING THE SPECIAL ASSESSMENT AREA AND SPECIFYING
THE PROPOSED ASSESSMENTS ;,AND PROVIDING FOR A HEARING
TO BE HELD THEREON
Motion by Tice, seconded by Bacon, and unanimously
Adoption of carried to waive further reading of the resolution and
Resolution No. 6345 to adopt.
2) LEGISLATION
Legislation Council reviewed staff's report. Mayor Shearer requested
CounciT's support of S8875 .in addition to the legislation
recommendations of staff.
Motion by.Chappell, seconded by Bacon, and unanimously
carried to support AR.1543 (Tanner), AB 290 (Frazee),
AB 1317 (Costa), SB•875 (Watson), and oppose AB 893
(Roos), SB 1049 (Montoya and Roberti), and authorize
the Mayor and staff to communicate with the appropriate
legislators.
3) COMMISSION COMPENSATION
Commission compensation
Council reviewed staff's report.
Motion by Chappell, seconded by Tice, and unanimously
carried to review Commission compensation during the bud-
get review.
4)
REQUEST FOR STUDY SESSION
Study session set for
City Manager Fast requested Council to schedule a study
6/l/81 at 6:00.PM
session to discuss project planning issues, such as the
senior citizens center, street deficiencies, reflection
pool, etc. Council concurred that June 1, 1981, at 6:00
PM would be convenient for the study session.
Senior Citizens Center
Councilmember Bacon expressed concern about the size
possible future
of the senior citizens center in the future. He felt
expansion
the building would be inadequate for future needs. Motion
by Bacon, seconded by Chappell to appropriate $1500 from
the Unappropriate Balance for the architects to prepare
preliminary plans to allow for future expansion of the
building. Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, Shearer -
NOES: None
ABSENT: Tennant
MAYOR'S REPORTS
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Mayor Shearer proclaimed the following:
CORRECT POSTURE MONTH - May, 1981
NATIONAL GOODWILL WEEL May 3 - 9, 1981
Mayor Shearer commented on Fire Service Day and commended
the off -duty firemen who ran in the 10K Run conducted by
the Lions Club that morning.
Mayor Shearer requested a letter be prepared for the
Japanese Center in'West.Covina congratulating them on their
mortgage burning celebration. They broke ground eight years
ago in nest Covina.
=Tom
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CITY COUNCIL MINUTES
COUNCILMEMBERS' REPORTS/COMMENTS
May 11', 1981
Page Twelve
Councilmember Bacon requested staff to report on an alternate
landscape maintenance plan for the slope located at Azusa
Avenue and Granoble.
Councilmember Chappell noted that he had been elected to
LAFCO, L.A. Division, for another four years.
Mayor Pro Tem Tice commented that the article published in
'the Highlander on May 6th was incorrect. He also mentioned
that Congressman Dreier stated in one of his memos that one
of his highest priorities Was ^-dump:caotrol.
APPROVAL OF DEMANDS
Motion by Tice, seconded by Chappell to approve Demands
totaling $2,251,209.99 as listed on check registers UCB
85691 through 85943. Motion carried by roll call vote:
AYES: Bacon, Chappell, Tice, -Shearer
NOES: None
ABSENT: Tennant
Recess for Closed
Mayor Shearer called a recess at 9:28 PM for the purpose
Session
of conducting a Closed Session. Council reconvened at
9:56 PM.
ADJOURNMENT
Motion'by Tice, -seconded by Chappell, and unanimously
carried to adjourn the meeting at 9:56 PM -to May 18, 1981,
at 6:00 PM in the City -Manager's Conference Room.
ATTEST:
City Clerk Helene M_ Mooney
avor hester Shearer