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11-23-1981 - Regular Meeting - MinutesM INU.TE S REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA -November 23, 1981 The regular meeting of the City Council of'the City of West Covina was called to order by Mayor Shearer at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by Mayor Pro Tem. Tice and the invocation was given by Pastor Norris Barnes of United Methodist Church of West Covina. ROLL CALL Present: Mayor Shearer, Mayor Pro Tem'Tice, Councilmembers Chappell, Tennant, Bacon Others Present: Mooney, Fast, Lennard, Thomas, Miller, Eliot, Salazar, Pryor, Southard, Koniarsky, Clark, Meacham, McClelland, APPROVAL OF MINUTES • CONSENT CALENDAR L] Chick's Sporting Goods Sepulveda, Jean.'& John - Sepulveda, Jean & John Ryu, Doo '& Si Tract 33669 BUTLER-UMARK Tract 34894 UMARK, INC. Tract 28406 DONALD L. BREN Holmes, Keating, Berry Motion by Tice, seconded by Chappell, and unanimously carried to approve the Minutes of the regular meeting of November 9,1981. Mayor Shearer presented a resolution of commendation to Carole Chappell in honor of her designation as Woman of the Year by the Women's Section of the Chamber of Commerce. Written Communication .Request for a parade permit to conduct a 10-K Run on December 6, 1981.. (approved in.prior years) Planning -Commission Minutes of November 18, 1981. (receive and file) ABC Applications dba VILLAGE INN FAMILY RESTAURANT 132 N. Grand Avenue dba HAIG'S 1230 W, Francisquito-Avenue ..dba PIZZA SKIDOO 2418 S. Azusa Avenue Acceptance of Improvements and/or Release of Bonds Location: Azusa and Grenoble Staff recommends acknowledging completion of grading and releasing -faithful performance bonds in the amounts of $168,400 and $10,000. Location: Nelson and Fairgrove Staff recommends accepting landscaping -and irrigation and releasing_ the faithful.performance bond in the amount of $10,000. .Location: Jacqueline, Joan and -Justine Staff recommends accepting landscaping and irrigation and releasing faithful performance bond for $18,500, CITY COUNCIL MINUTES November 23, 1981 Page Two Parcel Map 102.93Location: 1343 Maplegrove • FRANKYN HOYT Staff recommends accepting the sidewalk improvements and releasing the faithful performance bond for $800. SP 82101 Location: West side of Orange, from Merced to Leewood C.L.M. CONSTRUCTION-,_jNC. Staff recommends accepting sidewalk construction and releasing the faithful performance bond for $5,534.95. Traffic Committee Minutes of November 17, 1981. (receive and file) Summary of Findings of the Workman Avenue Traffic Study .(receive and file) City Treasurer Report for the month of October, 1981. (receive and file) --Mayor Shearer removed Item A-1 from Written Communications for separate action., CONSENT CALENDAR MOTION Motion by Tice, seconded by Tennant to approve all items on the Consent Calendar, except Item A-1. Motion carried by -roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None Item A-1 Mayor.Shearer suggested that Item A-1 (Chick's Sporting Goods) be approved, pending review of the recipient of the proceeds. -Motion by Bacon, seconded by Chappell, to • approve that item if the recipient was a charitable organization. ORAL COMMUNICATIONS Dana Reed, -legal representative of the West Covina Taxpayers Asso., addressed the Council in opposition to the placement Dana Reed of an identical proposition on a ballot that had been de- feated at the polls on November 3, 1981. He stated that the association feels that a second vote is not legally required, that it would not be in the best interests of economy and efficiency, and that the.cost of the election would be an unnecessary expenditure. He suggested Council not incur the additional expenses without'a determination from a court of competent jurisdiction .or an opinion from the Attorney General. He was reminded by Council that the association could also request an opinion from the Attorney General. William T. Whisenhunt, Jr. Tom Whizenhunt, 2132 Kings Crest.Drive, suggested Council adopt the initiative ordinance rather than placing it on the ballot for a second vote. He also said Council could avoid the recall election by resigning. Leslie Cook Leslie Cook, 2724 Miranda Street, apologized for the derogatory remarks he made at the last council meeting to the City Engineer. He also commented on an article in • Chronicle regarding the recent election campaign funds by BKK expended and Ponderosa Homes. Fred Landsberg Fred.Landsberg, 2424 Nogales Street, encouraged Council to place the initiativeissue on the ballot for a second time. He felt Council placed it on the first time, and now through the initiative process, the citizens are 'placing it on the ballot. He hoped that there would be no name calling throughout the coming elections -by anyone. _ 2 _ CITY COUNCIL MINUTES Betty Joyce • Louis Gilbert A.J. Esposito November 23, 1981 Page Three Betty Joyce,'1509 Delhaven Street, expressed disappointment in Council for never taking a stand on the election propaganda. `Louis Gilbert; 428 Fernwood Street, felt there was a need to place the initiative on.the ballot from a moral view- point. He also commented on a misleading letter sent opposing.Proposition K from a retired police officer using a -badge insignia on the letterhead. A.J. Esposito, speaking in behalf of West Covina Beautiful, -reported on the clean-up project around the freeway off - ramps. ORAL COMMUNICATIONS HALTED *Mayor Shearer noted it was.8:00 PM and halted Oral Com- munications to•consider the scheduled public hearings. Oral Communications to continue upon the conclusion of the hearings HEARINGS 1) WOODSIDE MASTER PLAN AMENDMENT NO. 7 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT City Clerk Mooney verified.the affidavits of publica- tion and mailing. Mayor Shearer opened the hearing. The staff report was presented by Mike Miller. TESTIMONY In Favor Ron Sloan, 1717 Colgate Drive, Thousand Oaks, the • applicant, expressed his support of Amendment No. 7. In Opposition Betty Joyce, 1509 Delhaver Street, requested a clarification of.the zone classification. She also inquired what the impact would be on the site from the development on the other side of the street lo- cated in the City of Walnut. Rebuttal Ron Sloan stated that his company was the developer for the project in Walnut and that those homes backed up to Nogales, the main thoroughfare between the two developments. .COUNCIL COMMENTS Council comments favored the amendment. Council - member Chappell noted he would abstain from voting due to a conflict of interest. City Attorney presented: Resolution No. 6452 RESOLUTION NO. 6452 - A RESOLUTION OF THE CITY adopted COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AN AMENDMENT TO THE WOODSIDE MASTER PLAN AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT (Ron Sloan) Motion by Tice, seconded by Tennant to waive further - reading of the resolution and to adopt. Motion carried with Councilmember Chappell abstaining. ORAL COMMUNICATIONS • REOPENED Oliver Riggins Oliver Riggins, Rowland Avenue, felt Council should be addressed as "honorable" and stated his agreement with " .:. Fred Landsberg's comments made earlier. CLOSED Mayor Shearer closed ORAL COIDJUNICATIONS. :Comments-.; - Mayor-Pro.Tem Tice stated' that there were 30,000 voters .in :the :City. o;f. West ' Covina- who did not, sign the.,:..; - recall petitions •and.he. puts -his.. fa th in :their" hands. He: also noted..tha.t.Council._had:no,thing :to do'with the - 3 CITY COUNCIL MINUTES 0 MAYOR'S REPORTS COUNCILMEMBERS REPORTS EIR hearings re BKK Robert Earl • November 23, 1981 Page Four campaign literature of November 3, 1981. Councilmember Bacon stated that if Council adopted Propo- sition K tonight, as suggested by Tom Whisenhunt, the courts would declare the action illegal because there is not an EIR attached. Councilmember Chappell stated his intentions to fight the recall. He commented on the campaign strategy used by the proponents of Proposition K and the recall issue, feeling that they employed scare tactics. Councilmember Tennant recalled that he was the only one to vote against the placement of Proposition K on the November 3 ballot feeling that it would only -lead to a battle of untruths. He felt that that was exactly what had happened. Mayor Shearer noted that he had been elected in 1978 to serve and would continue to do so. He would not resign and would allow the voters of West Covina to decide on their councilmembers. Mayor Shearer reminded those who were unhappy about the campaign literature of the last election should address the Fair Political Practices Commission, the state agency that was specifically formed for that purpose. 1) Mayor Shearer proclaimed November 22 - 28, 1981 as FAMILY WEEK. 2) Appointment of Community Representatives to Task Force Mayor Shearer suggested the appointment of Nancy Manners, Fred Landsberg, Louis Gilbert, and Dick Lewis as the community members to the task force. He noted that each person had been contacted and were interested in serving on the committee. Motion by Tice, seconded by Chappell, and unanimously carried to approve the Mayor's suggested appointments. 3) Joint Meeting with Supervisor Schabarum Council concurred with Supervisor Schabarum's preferred meeting time of 7:30 AM on December 16, 1981. Councilmember Bacon reminded the audience that the EIR hearings before the Planning Commisssion re the BKK issue would commence November 30, 1981, at 7:30 PM in the Council Chambers. Councilmember Tennant wondered if Council was making the best use of its time in light of the many different meetings they must attend, especially the commission meetings as :councl.laison. Councilmember Chappell recommended a permaplaqued reso- lution of commendation be prepared to honor Robert Earl, a retiring principal in the Covina Valley School District. Motion by Chappell, seconded by Bacon, and unanimously carried to approve the recommendation, Councilmember Chappell noted that a banquet will be held on November 30 at 7:00 PM at the West Covina Elks Lodge to honor the championship Pony League of West Covina.. - 4 - • • • CITY COUNCIL MINUTES November 23, 1981 Page Five Mayor Shearer advanced a few items forward on the Agenda for the sake of the audience. Those items related 'to the elections in West Covina. - OFFICE OF THE CITY CLERK .1) OFFICIAL RESULTS OF NOVEMBER 3, 1981 - PROPOSITIONS K AND L Resolution 6456 declaring results of Propositions K and L Resolution 6457 - certificate of sufficiency re recall petitions Resolution 6458 - certificate of sufficiency re initiative petition Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 6456 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF [NEST COVINA, RECITING THE FACT OF A SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF WEST COVINA ON NOVEMBER 3, 1981, AND DECLARING THE RE- SULTS THEREOF AND SUCH OTHER MATTERS AS REQUIRED BY LAW Motion by Tennant, seconded by Shearer, and unani- mously carried to waive further reading of the reso- lution and to adopt. 2) CERTIFICATE OF SUFFICIENCY - RECALL PETITIONS 3) Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 6457 - A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF.WEST COVINA, RECEIVING THE CERTIFICATE OF SUFFICIENCY RE PETITIONS SEEKING THE RECALL OF FOUR OF ITS MEMBERS. Motion by Tice, seconded by Chappell,.and unani- mously carried to waive further reading of the reso- lution and to adopt. CERTIFICATE OF.SUFFICIENCY - INITIATIVE PETITION Council reviewed staff's report. City Attorney presented: - RESOLUTION NO. 6458 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, RECEIVING THE CERTIFICATE OF SUFFICIENCY IN RELATION TO AN INITIATIVE PETITION RE THE DISPOSAL OF HAZARDOUS WASTE IN WEST COVINA Motion by Tennant, seconded by Bacon, and unani- mously carried .to waive further reading of the reso- lution and to adopt. CITY ATTORNEY 2) SPECIAL ELECTION: RECALL Council reviewed staff's report. Motion by Bacon, seconded by Chappell, and unani- mously carried to set March 23, 1981, as the date for the recall election. City.Attorney presented: Resolution 6460 - RESOLUTION NO. 6460 - A RESOLUTION OF THE CITY calling recall election COUNCIL OF THE CITY OF [JEST COVINA, CALLING AND GIVING of March 23, 1982 NOTICE OF A HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 23, 1982, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY THE QUESTION OF THE RECALL OF CERTAIN OFFICERS OF SAID CITY AND THE QUESTION OF FILLING THE VACANCY (_OR VACANCIES) IF THE RECALL PREVAILS RESOLUTION NO. 6461 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REQUESTING THE _ 5 _ CITY COUNCIL MINUTES November 23, 1981 •Page. r Six ' . Resolution-6461 =. BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES -requesting special -services TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING of L..A.. County- TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 23, 1982 Motion by Chappell, seconded by Tice, and unani- mously carried to waive further reading of the two resolutions. and to adopt. 3) INITIATIVE PETITION - ORAL REPORT City Attorney Lennard related the statutes of the Election Code of California regarding initiatives, Initiative Petition to be and in particular, how they relate to the situation in placed on April 13 ballot West Covina. In his opinion, Council should place the initiative on.' :the April 13 ballot (the General Municipal Election). but to do. so at this early date would be.inappropriate. He suggested Council take an action -intending to place the measure on the ballot and then:at an appropriate time adopt the required resolutionsto meet.the_time•frame stipulated in the Code. Motion by Chappell; seconded by Bacon stating the intent.'.to place.the initiative on -the April 13 ballot. Councilmember'Tennant stated that he opposed the placing of.the initiative on the.November 3 ballot, and he would continue to oppose the placing of the initiative on the April 13 ballot. Motion carried --by the.roll-call vote: AYES:".Bacon, Chappell, Tice, Shearer NOES:- Tennant. Recess Mayor--She-arer declared a recess at 9:00 PM. Council re- convened.at 910 PM with all members present. AWARD OF BID' 1).- BID NO. 82-95:- CURRENT MODEL TRUCK Council reviewed staffs report. Bid No. 82-95.- - -. - - :Motion by.Chappell, seconded by Tice, and unani- Robinson-Erickson mously carried to award the contract to Robinson - Erickson Ford in the amount of $13,939.00, including t-ax . PUBLIC WORKS M11)..-TRACT 28406 ---.ACCEPT OPEN SPACE LOTS - MAINTENANCE DISTRICT NO. 1 Location: Woodside Village _ - Council reviewed Engineer's Report. City Attorney presented. Resolution 6453 - RESOLUTION NO. 6453 - A RESOLUTION OF THE CITY accepting lots in -Tr. '28406 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, for.open space purposes ACCEPTING LOTS 150, 151, 152 AND 153, IN TRACT 28406 FOR. OPEN SPACE PURPOSES.AND DIRECTING THE RECORDATION THEREOF Motion by Chappell, seconded by Bacon, and unani- carried to waive further reading of the resolution and to .adopt . - 6 - • • • November 23, 1981 Page Seven 2) TRACT 33329 - ACCEPT OPEN SPACE LOT - MAINTENANCE DISTRICT bi0. 4 Location: Woodside Village Council reviewed Engineer's Report. City Attorney presented: Resolution 6454 RESOLUTION NO. 6454 - A RESOLUTION OF THE CITY accepting lot in Tr. 33329 COUNCIL OF THE CITY OF WEST COVINA, 'CALIFORNIA, for open space ,purposes ACCEPTING LOT 39 IN TRACT 33329 FOR OPEN SPACE PURPOSES AND DIRECTING THE RECORDATION THEREOF Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and to adopt. 3) SP 80017 - SOUTH SUNSET.BIKEWAY - MESSRS. & MRS. KIYAN Location: South Sunset between Durness and Farlington Right-of-way agreement with Council reviewed Engineer's Report. Kiyans Motion by Tice, seconded by Chappell, and unanimously carried to authorize the Mayor and City Clerk to execute an agreement with Messrs. and Mrs. Kiyan for right-of-way acquisition. ..4) TS 81003 - APPROVE PLANS AND SPECIFICATIONS - CITRUS AVENUE.PEDESTRIAN SIGNAL Location: Citrus and Lark Hill Drive Council,reviewed.Engineer's Report. TS 81003—plans & specs. Motion by Bacon, seconded by Shearer to approve plans approved and specifications for TS - 81003 and authorize the City Engineer to call for bids. Motion carried with Chappell abstaining, due to possible conflict of interest, ENVIRONMENTAL SERVICES DIVISION ENVIRONMENTAL -SERVICES 1) MAJOR CONSTRUCTION ACTIVITY REPORT - OCTOBER.' 1981 Construction Activity Motion -by Tice, seconded by Tennant, and unanimously carried to receive and file the informational report. 2) SPNGHETTI BENDER RESTAURANT NEIGHBORHOOD COMPLAINT - Location: 313 N. Azusa Avenue Spaghetti Bender - Council reviewed staff's report. neighborhood complaint Mayor Shearer asked what -the options were opened to the Council under the UUP restrictions. Motion by Chappell, seconded by Tice, and unani- mously carried to refer to the City Attorney to report back on the UUP provisions. 3) BKK FOLLOW-UP ODOR STUDIES FUNDING BKK Follow-up Odor: Studies Council reviewed-staff-'s report. Funding Motion by Chappell, seconded by Tice, and unani- mously carried.to receive and file the informational report. -.7 - CITY COUNCIL MINUTE-S..' November 23, 1981 - Page Eight 4) 'REVISED GUIDELINES AND PROCEDURES FOR IMPLEMENTING • THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Council -reviewed staff's report. City-Attorney.presented;. Resolution 6455 RESOLUTION NO. 6455 -'A RESOLUTION OF THE CITY approving revised'quidelines COUNCIL OF THE CITY OF.WEST COVINA, CALIFORNIA, of.the Environmental Qua.1ity- ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA Act ENVIRONMENTAL QUALITY ACT Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and to adopt. COMMUNITY DEVELOPMENT DIVISION HUMAN RESOURCES 1) 1979=80/1980-81 COMMUNITY DEVELOPMENT BLOCK GRANT' FINANCIAL AND COMPLIANCE AUDIT Community -Development Council reviewed staff's report. Block Grant Audit Motion by Tice, seconded by Chappell, and unani- mously carried to receive and file the report. PUBLIC•SAFETY DIVISION POLICE DEPARTMENT 1) AMENDMENT.TO MUNICIPAL CODE Council reviewed staffs report. Council discussed the proposed, ordinance in relation to existing signs and truck routes. City.Attorney presented,. Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF re parking commercial WEST COVINA AMENDING THE MUNICIPAL CODE, CHAPTER 22- vehicles 184 RELATING TO PARKING"COMMERCIAL VEHICLES Motion by Chappell, seconded by Tice, and unani- mously carried to waive. further reading of the ordi- nance. Motion by Tennant, seconded by Chappell, and unanimously carried to -introduce the ordinance. Traffic -Committee to review Motion by Tice, seconded by Chappell, and unani- 'truck routes. mously carried to instruct the Traffic Committee to review the truck routes in relation to this ordinance. 2') REQUEST FOR SOLE SOURCE PURCHASE Council reviewed staff's report. Motion by Chappell, -seconded by Tice, and unani- Sole source purchase, of mously carried to approve the expenditure of $17,000 three used vehicles plus tax from the Police Vehicle Replacement Account, approved .and authorize the Police Chief to purchase three used vehicles from Hertz Fleet Sales of Los Angeles, subject to conditions noted. • - FIRE DEPARTMENT 1) FIRE`STATIONS LOCATION STUDY '.Councilreviewed staffs report. Fire stations -location study Motion -by Tice, seconded by Chappell, and unani- mously carried to a) instruct staff to continue to - 8 _ CITY COUNCIL MINUTES November 23, 1981 Page Nine Fire -stations- location study negotiate with the County of Los Angeles for establish- ment of an Automatic Aid agreement, b) that the poten- tial fire station site at the San Bernardino Freeway and Barranca be disposed of, and c) staff include the upgrading/replacement of.the fire stations at Fairgrove and Azusa and Cortez Park in their Capital Improvement Program studies and planning. ADMINISTRATIVE SUPPORT'.DIVISION FINANCE DEPARTMENT 1) FINANCIAL AUDIT REPORT Council reviewed staff's report. Motion by Chappell, Financial audit report seconded by Tice, and unanimously carried to receive received and filed. and file the Independent Auditor's Report on.the City's -f inancial '.statements . 2) PARKING AUTHORITY FINANCIAL AUDIT REPORT Parking Authority financial Council reviewed staff's report. Motion by Tice, audit report received &•: seconded by Chappell, and unanimously carried to filed receive and file the Independent Auditor's Report on the Parking Authority financial statements. 3•) SUSPENSION OF A PORTION OF THE BUSINESS LICENSE TAX FOR COMMERCIAL RENTAL Council reviewed staff-'s report. City Attorney presented: Resolution 6459 - RESOLUTION NO. 6459 - A RESOLUTION OF THE CITY suspending a portion of COUNCIL'OF THE CITY OF WEST COVINA SUSPENDING A POR- business license tax TION OF THE CATEGORY A -II AND ALL OF THE.CATEGORY A -III BUSINESS LICENSE TAXES IMPOSED ON OFFICE AND COMMERCIAL RENTALS Motion by Tice, seconded by Chappell to waive further reading of the resolution and to adopt. Motion carried with Tennant abstaining, due to a conflict of interest. - CITY ATTORNEY City Attorney Lennard noted that preemption litigation will be heard in the Superior Court on December 7, 1981. Redevelopment Agency meeting Mayor Shearer halted the Council meeting at 9:38 PM to convene:.the Redevelopment Agency meeting. The Redevelopment Agency meeting concluded at 9:40 PM Parking Authority meeting at which time Shearer commenced the Parking Authority meeting. The Parking Authority meeting concluded at 9:41 PM, at which time the Council meeting was re- convened. • CITY MANAGER 1) URBAN FORESTRY GRANT Council reviewed staff's report. Urban Forestry Grant Motion by Chappell, seconded by Bacon, and unani- mously.carried to authorize the Mayor to appoint the Park Superintendent and a representative from West Covina Beautiful to the Executive Council of the Mt. Sac "Trees are for Everyone" program. - 9 - CITY COUNCIL MINUTES November 23, 1981 Page Ten APPROVAL OF DEMANDS Motion by Tice,.seconded by Chappell to approve Demands totaling $999,213.02 as listed on check registers UCB .89090 through 89364. Motion carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None CLOSED SESSION.- Personnel Mayor Shearer called a recess at 9:43 PM to conduct a closed session on personnel matters. Resolution to be Motion by Bacon, seconded by Tennant, and unanimously carriec permaplaqued to,` permaplaque the resolution of commendation awarded to Carol Chappell earlier in the evening. ADJOURNMENT Motion by Shearer, seconded by Chappell, and unanimously carried to adjourn the meeting at 10:27 PM. • Mayor