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01-11-1982 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE CITY COUNCIL. CITY OF WEST COVINA CALIFORNIA • January 11, 1982 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 Larry Cole of Community Presbyterian Church, -West Covina. ROLL CALL Present: Mayor Shearer, Mayor Pro Tem Tice, Councilmembers -Chappell, Tennant, Bacon Others Present: Mooney, Calmes, Fast, Lennard., Eliot, Miller, Thomas, Meacham, McClelland, Keating, Fowler, Salazar, Fry, Koniarsky,`Southard, Berry APPROVAL OF:.MINUTES Motion by Tice, seconded by Bacon, and unanimously carried to approve the minutes.of the regular meeting held December 14, 1981, and the adjourned regular meeting held December 16, 1981. CONSENT CALENDAR Written Communications • Compliance Inspection Report for BRK Class I Landfill Quality Control Board received from the California Regional Quality Control Board, Los.Angeles Region. (receive and file) American Orthodox Request for waiver of .` business licence fees to hold Catholic Church a carnival -at the -Sunset Square on February 4 through 7, 1982. (.staff recommends approval) Calif. League of City Letter dated January 6, 1982, re agreement on modifications Employee Asso., Inc. of wages, hours, and terms of conditions of employment. (receive and file) Planning Commission Minutes of November 30, 1981, December 16, 1981, January 4, 1982, January 6, 1982, January 7, 1982. (receive and file) ABC Applications Richard J. Maddalena dba. LAMPPOST PIZZA 19549 E. Cameron Ave. 2431 S. Azusa Avenue Li Ping Louie- dba WEST COVINA HOUSE OF LOUIE Josephine Young 124-130 N. Grand Avenue James D. Morgan dba _ JIMMY D'S 749 W. Front.St.. Cov. 2713 W. Valley Boulevard • Shirley L. Galea dba RED DEVIL PIZZERIA 3029 Los-Cerillos Dr. 420 N. Azusa Avenue • Claims for Action (Deny and notify claimant) Ralph I. Pena Filed an application for a late claim on November 2, 1981, for personal damages amounting to $2,010,000. _ 1 _ CITY COUNCIL MINUTES January 11, 1982 Page Two • Claims For Action'(Cont) • Moreno A. Olano Filed a claim on November 6, 1981, for personal damages no amounted stated. Richard W. Licon Filed a claim on November 13, 1981, for property damages amounting to $2,000.. Kathleen L-.- Vandleuven Filed a claim on November 30, 1981, for personal damages no amount stated. Matthew Paulson Filed a claim on November 30,.1981, for personal damages no amount stated. Carl & Brenda Kamper Filed a claim on December 30, 1981, for personal damages amounting to $15,-000,000. Personnel Commission Summary of Action of January 5, 1982. (accept and file) Acceptance of Improvements and/or Release of Bonds UUP 231 Location: Southeast corner of Walnut Creek Parkway at CARL KARCHER ENTERPRISES Glendora Staff recommends acknowledging completion of grading and releasing Faithful Performance Bond for $11,100. TRACT 31987 Location; Tinker, Chance, Gehrig and Maranville COVINGTON BROTHERS Staff recommends accepting landscaping and irrigation releasing Faithful Performance Bond for $35,400. • Traffic Corimittee Minutes Minutes of December 22, 1981. (receive and file) City Treasurer Report for the month of November, 1981. (receive and file) Odor Activity Summary Summary for the month of December, 1981. (receive and file) Drainage problems at the north end of Nogales Location; Nogales, north of.Amar Road. (receive and file) Items withdrawn for Mr. Bob Hirsch ^requested Item No. A -lc be withdrawn from separate consideration the Consent Calendar.for separate consideration. CONSENT CALENDAR MOTION Motion by Chappell, seconded by Tice to approve all items listed -on the Consent Calendar, except.Item A -lc. Motion carried by roll -call vote; AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None Item A -lc Mr. Bob Hirsch, representative of the California League of • City Employee -Associations, Inc. wanted to address Council Bob Hirsch re his letter listed on -the Consent Calendar. Mayor Shearer stated that the Personnel Rules and Regulations forbid employee groups to negotiate directly with the Council unless an offical impasse was declared. Mr. Hirsch stated he wished_to avoid an impasse by talking -with Council, City Attorney -Colin Lennard stated that it 2 - • • 07 CITY COUNCIL MINUTES January 11, 1982 Page Three Item A -lc received and filed ORAL COMMUNICATIONS Beatrice Uribe Royal Brown John Fry would be inappropriate to discuss this matter at this 0. Hirsch was asked three times if he intended to discuss .salaries. lie would not answer the question. Motion by Tice, seconded by Tennant, and unanimously carried to refer Hirsch back to the bargaining table and wait until an official impasse has been declared. Motion by Tice, seconded by Bacon, and unanimously car- ried to receive and file the written communication listed on the Agenda. Beatrice Uribe, 1121 E. Greenville Drive, spoke in behalf of West Covina Beautiful. She noted that West Covina's 59th birthday will be celebrated February 9 at the Elks Lodge in West Covina from 7•to 12 PM. Royal Brown, 2153 Aroma Drive, addressed Council re the following two subjects: 1) changing a sentence in the initiative ordinance and 2) postponement of the construction of a brickwall at the end of Hillward Drive until an access- way.could be provided for pedestrians. John Fry, 1605 Sherway, encouraged Council to speed up the demolition schedule for the bridge over the Sherway wash. Mayor Shearer 'closed Oral Communications and Council took the following actions: City Engineer Thomas related the demolition schedu]• of the Sherway wash bridge and concluded that the bridge would be down sometime in March, 1982. Council discussed the possibility of providing a ped- estrian•walkway at the end of Hillward and if there was time to alter the construction schedule. City Engineer Thomas answered in the affirmative. Motion by Tennant, seconded by Tice, and unanimously carried to approve the pedestrian accessway, subject to review by the City Attorney. HEARINGS TENTATIVE PARCEL MAP NO. 14592 (APPEAL) RAY LEWIS APPEAL OF TENTATIVE Location; Northeast corner of Garvey and Lang -Avenues PARCEL MAP 14592 City Clerk Mooney verified the affidavit of publication and mailing. Mayor Shearer opened the hearing. Environmental Ser- vices Director. Miller presented slides with the staff report, Councilmember Tennant noted he would be abstaining from the vote as he is the leasee of some of buildings on the properties in question. Testimony Mayor Shearer asked.if there was anyone in the audience In Favor: who wishedto address Council.in favor of the appeal. Ray Lewis The applicant, Ray Lewis, addressed Council and present ,pictures of the property that he wished to divide into two separate parcels. In essence, he stated he was.opposed to the Planning Commission's recommendation to bring the In Opposition:' property into code with the addition of driveways. Oliver Riggins Oliver Riggins, Rowland Avenue, asked if the City Engineer had an estimate for the cost of constructing driveways and.if that was part of Council's consideration. There was no one else interested in addressing Council and Mayor Shearer closed the testimony portion of the hearing. - 3 - C� • CITY COUNCIL MINUTES January 11, 1982 Page Four Council discussion Council felt that the applicant was not cognizant c• all the ramifications of tentative parcel requirements and ..suggested that any decision be held over to give Mr. Lewis time to confer with City staff. Motion .by Tice, seconded by Chappell., and unanimously carried to hold over consideration of the matter until the next regular council meeting of January 25, 1982. UVAUTMO Zone Change No. 565 Dighton, Inc Testimony None Ordinance introduced ZONE CHANGE N0. 565 ,.NEGATIVE -DECLARATION OF ENVIRONMENTAL IMPACT Location: Southwest corner of Azusa and Rowland Avenues City Clerk Mooney verified the affidavit of publication and mailing. Mayor Shearer opened the hearing, and Miller presented the staf-f report accompanied.with slides. No one ad -dressed Council either in favor of or in opposition to the zone change. City Attorney presented for introduction:. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,-CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING..THE OFFICIAL MAP (Zone Change No. 565 -. Dighton, Inc. N.V.) Motion by Chappell, seconded by Tennant, and unanimously carried to waive further reading. Motion.by Chappell, seconded by'Tice, and unanimously carried to introduce • the ordinance. Mayor Shearer stated that before going on to consider the third hearing matter, a.related matter listed under his agenda -should be considered first:. MAYOR'S REPORTS CONSIDERATION OF PLACEMENT OF INITIATIVE ORDINANCE ON THE APRIL'13, 1982 BALLOT Council reviewed staff's.report. Tice Mayor Pro Tem Tice began council's discussion by out- lining the history of the initiative, noting the State preempts the City re hazardous waste landfills (SB 501), and the court case of Arnell vs. Costa Mesa. He concluded that in all good consciousness he could not vote to place the initiative on the ballot. Chappell Councilmember Chappell noted the Attorney General's opinion of last year, and the more.current decision by Judge Johnson., Both found the City to be preempted by the State. For these reasons, he said it would not make good sense to place _an- initiative on the ballot that could not be enforceable by law. Tennant Councilmember Tennant reiterated his previous stand of not placing it on the ballot in the first place. Bacon In addition.to some of.his other -comments, Council- • member Bacon felt the matter*rests.with Sacramento, and noted that the.State.has budgeted funds to tackle the. . bazardous-waste problem. Alternate technology'is the ultimate solution. He also stated that he could not support the placement of the initiative on the April 13 ballot. Shearer - Mayor Shearer concurred with the -statements made by his colleagues,. He stated that he could not support the placement of the initiative on the ballot due to new information, Judge -Johnson's conclusion. He felt the - 4 - • • CITY COUNCIL MINUTES January 11, 1982 Page Five • the task force was the way to go and hopefully the City could gain the support and cooperation of BKK. Initiative not on ballot Motion by Chappell, seconded by Tice to not place the initiative on the ballot-. Motion carried by roll call vote: AYES: Bacon, Tennant,_ Chappell, Tice, Shearer NOES: None HEARING Proposition not con- sidered CONSIDERATION OF A PROPOSITION FOR APRIL 13, 1982 BALLOT RELATIVE TO LEVYING A SPECIAL TAX FOR FIRE AND POLICE PRO- TECTION SERVICE Motion by Tice,'._ seconded by Chappell, and unanimously car- ried to not consider the placement of this proposition on the ballot. Recess Mayor Shearer called a short recess at 9:45 PM. Council reconvened at 9:53 PM: AWARD OF BID AWARD OF CONSTRUCTION CONTRACT SENIOR CITIZENS BUILDING, CORTEZ PARK Senior Citizens building. Council reviewed staff's report. MARTIN J. JASKA, INC. Frank-Sata?_the architects for the project, presented model- of'the proposed senior citizens building. Motion by Chappell, seconded by Tice, and unanimously carried to.a) authorize the Mayor and City Clerk to execute an agreement for the construction of the building, City Project -No. 82�301, Architects Drawing. No. 981.7, to the firm of Martin J. Jaska, Inc, in the amount of $771,500.00 and b)-authorize a contingency fund of $59,500. Staff was directed to arrange the ground breaking ceremonies. COUNCILMEMBERS' REPORTS Tennant Councilmember Tennant noted that Police Chief Meacham was elected president,of.the-Los Angeles County Peace Officers Association. Tennant.also mentioned there was a problem of over - parking at the Department of Motor Vehicles. The matter was referred to -the Traffic Committee. He spoke about the graffitti program and a letter may be forthcoming from the Chamber of Commerce requesting an. ordinance requiring graffitti removal to be mandatory. Tennant inquired as to the status of the trash can project initiated by West Covina Beautiful. Mayor Shearer said he would try to get West Covina Beautiful to submit a report. Chappell Councilmember Chappell noted that the hillside area tha. had been reseeded by the firefighters was growing nicely. • He suggested .the mayor send a note of appreciation to the firefighters. Tice Mayon Pro Tem Tice stated that he would like to have Council - members' Reports listed later on the Agenda where it used to be. Discussion followed. Motion by Tice, seconded by Tennant -to move the place- ment of Councilmembers' Reports; Motion failed by roll call vote: AYES: Tice NOES: Bacon, Tennant, Chappell, Shearer 5 CITY COUNCIL MINUTES' January 11, 1982 Page Six • PUBLIC WORKS 1) MP 82114.--,WALNUT CREEK WASH PEDESTRIAN BRIDGE DEMOLITION Location: Sherway and Walnut Creek Parkway MP 82114 - Council reviewed Engineer's Report. Plans & specs approved Motion by Tice, seconded by Chappell, and unanimously carried to a) establish Project. Account MP 82114, and b) approve plans and specifications for MP 82114 and authorize the City Engineer to call for bids. 2) PP 81015 - SLOPE ABOVE WOODGROVE PARK Location: Woodgrove Park Council reviewed Engineer's Report. PP 81015 Motion by Tice, seconded by Bacon, and unanimously car - Plans & specs approved ried to approve the plans and specifications for City Project PP 81015 and authorize the City Engineer to call for bids. 3) TRACT 31987 - ACCEPT -OPEN -SPACE LOTS IN MAINTENANCE DISTRICT N0: 4 Location: :Woodside Village Coun6_i1 reviewed Engineer's Report. City,Attorney presented:_ • Resolution 6469 - RESOLUTION NO. 6469 � A RESOLUTION OF THE CITY accepting.Lots 49 & 50 COUNCIL OF_THE CITY OF WEST COVINA, CALIFORNIA, for open space purposes ACCEPTING LOTS 49 AND 50.IN TRACT 31987 FOR OPEN SPACE PURPOSES AND DIRECTING THE RECORDATION THEREOF Motion by Chappell, seconded by Tice, and unani- mously c•arried'to waive'.`further reading of the reso- lution and to adopt. 4) GRANTS'OF. EASEMENTS - SOUTHERN CALIFORNIA EDISON COMPANY Location: City Yard Council reviewed Engineers Report. City Attorney.presented: Resolution 6470 - RESOLUTION NO. 6470 - A RESOLUTION OF THE CITY Easement'- So. Calif. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Edison AUTHORIZING THE MAYOR AND•CITY CLERK TO EXECUTE A GRANT OF EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY -(City yard) Motion by Tice, seconded by Bacon, and unanimously carried to waive further reading of the resolution and to adopt.,' 5) LOS ANGELES COUNTY ROAD DEPARTMENT - COOPERATIVE AGREEMENT FOR STREET RESURFACING Location: Valinda Avenue from Francisquito.to Mapleefrove Council reviewed Engineer's Report. L.A. Co. Road Department Motion by Chappell, seconded by Tice, and unanimously Resurfacing.agreement carried to authorize the -Mayor and City Clerk to execute an agreement with the Los Angeles County Road Department for the resurfacing of a portion of Valinda Avenue from Francisquito to.Maplegrove. - 6 - CITY COUNCIL MINUTES Resolution 6471 - • Valinda Ave. included into the County for resurfacing purposes TS 83101 Project account established' January 11, 1982 Page Seven City Attorney presented: RESOLUTION NO. 6471 - A RESOLUTION OF THE CITY • COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CON- SENTING -TO THE ESTABLISHMENT OF A PORTION OF VALINDA AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES Motion by Chappell, seconded by Bacon, and unani- mously carried to waive furtherreading of the reso- lution and to adopt.. 6) TS 83101 - AZUSA/FAIRGROVE TRAFFIC SIGNAL ACCELERATION OF CONSTRUCTION SCHEDULE` Location: Azusa Avenue and Fairgrove Avenue Council reviewed Engineer's Report. Motion by Chappell, seconded by Tice, and unanimously carried to authorize the establishment of Project Account TS 83101, Azusa/Fairgrove traffic signal for construction in fiscal year 1981-82. ENVIRONMENTAL SERVICES DIVISION No items for this meeting. COMMUNITY DEVELOPMENT DIVISION REDEVELOPMENT AGENCY • 1) ANNUAL REPORT 1980-81 WEST COVINA REDEVELOPMENT AGENCY Redevelopment Agency Council reviewed staff's report. 1980-81 Annual Report Motion by Tice, seconded by Chappell, and unani- mously carried to receive -and file the Redevelopment Agency Annual Report for 1980-81. PUBLIC SAFETY DIVISION POLICE'DEPARTMENT 1)' ACLU COMPLAINT - PATRICIA WEEKS Council reviewed staffs report. ACLU.Complaint - Motion by Chappell, seconded by Tice, and unani- Patricia Weeks mously carried to deny this complaint and refer the matter to the City Attorney to respond to the ACLU. .2) AMENDMENT TO OBSOLETE RECORDS POLICY TO PROVIDE FOR THE DESTRUCTION OF TAPE RECORDINGS Council reviewed staffs report. City Attorney presented: Resolution 6472 - RESOLUTION NO. 6472 - A RESOLUTION OF THE CITY Destruction of communi- COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, cations taperecordings AMENDING THE DESTRUCTION OF OBSOLETE RECORDS POLICY • after 100 days FOR THE WEST COVINA POLICE DEPARTMENT BY APPROVING • THE DESTRUCTION OF RECORDINGS OF TELEPHONE AND RADIO COMMUNICATIONS AFTER 100 DAYS Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and to adopt. - 7 _ • • • CITY COUNCIL MINUTES January 11, 1982 Page Eight • 3) R.ESOLUTION RE'THIRD YEAR FUNDING OF -FEDERAL GRANT Council reviewed staff"s report. City Attorney presented; Resolution 6473 - RESOLUTION NO. 6473 -- A RESOLUTION OF THE CITY Third year funding COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, (CCAP) APPROVING AND AUTHORING THE PARTICIPATION OF THE POLICE DEPARTMENT IN A STATE GRANT PROJECT (CAREER CRIMINAL APPREHENSION PROGRAM) Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the reso- lution and to adopt. FIRE DEPARTMENT 1) .UNIFORM FIRE CODE ADOPTION 1979 EDITION Council reviewed staff's report. City Attorney presented for introduction: Ordinanceintroduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Uniform Fire Code, WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA 1979 Edition MUNICIPAL CODE, CHAPTER 10 - FIRE PREVENTION AND PRO- TECTION, BY REPEALING SECTION 10-1 THROUGH SECTION 10-4, INCLUSIVE, OF ARTICLE 1 THEREOF AND ARTICLE 2 THEREOF IN ITS ENTIRETY AND BY ADDING NEW ARTICLE 2 RELATIVE TO THE ADOPTION BY REFERENCE'OF THE UNIFORM FIRE C0J, 1979 EDITION Motion.by Tice, seconded by Bacon, and unanimously carried to waive further reading of the ordinance. Motion by Tice, seconded by Tennant, and unanimously carried to introduce the ordinance. Motion included setting a public hearing date of January 25, 1982. ADMINISTRATIVE SUPPORT DIVISION FINANCE DEPARTMENT 1) WEST COVINA COMMUNITY INFORMATION INCORPORATED - ELECTION OF OFFICERS AND SUBORDINATE OFFICERS Council reviewed staff's report. W.C. Community Information Motion. by Shearer, seconded by Tice, and unani- Incorporated mously carried to appoint Mayor'Shearer as president, officers elected Mayor Pro Tem Tice as vice-president, Councilmember Tennant as treasurer.' The City Clerk will act as secretary and the.Finance Director will act as the chief executive and finance officer. CITY CLERK 1) MICROFILM'PROGRAM • Council reviewed staff''s report. Motion by Tice, seconded by Bacon, and unanimously Microfilm Program carried to a) approve transfer of funds to the City Gamlin Industries Clerk's budget as indicated in :the staff report, b) accept the proposal of Gamlin Industries in the amount of $22,000 for development of a record retention and microfilm program, and authorize the Mayor and City Clerk to execute -.the agreement for these services. 8 - • CITY COUNCIL MINUTES CITY ATTORNEY Ordinance 1526 - re preemptions by.State statute Ordinance.1527 - adding section re infractions January 11, 1982 Page Nine • .Council reviewed staff's report. City Attorney presented: ORDINANCE NO. 1526 - AN ORDINANCE OF THE CITY _.COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY REVISING AND REPEALING CERTAIN SECTIONS THEREOF WHICH HAVE BEEN PREEMPTED BY STATE STATUTE ORDINANCE NO. 1527 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING THERETO SECTION 1--37.01 RELATIVE TO INFRACTIONS Motion by Tice, seconded by Shearer, and unanimously carried.to waive further reading of the ordinances. Motion by Tennant, seconded by Tice to adopt the ordinances. Motion carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None REDEVELOPMENT AGENCY MEETING Mayor Shearer halted the City Council meeting at 9:30 PM to convene.the Redevelopment Agency meeting. Council reconvened at 9:37 PM. .CITY MANAGER- 1) TENTATIVE 1982-83 BUDGET CALENDAR • • Council reviewed staff's report 1982-83 Budget calendar Motion by Chappell, seconded by Tennant, and unani- mously carried to receive and file the calendar. 2) WORK STUDY SESSION; CATV-AND MARKS/FORAN REHABILITATION PROGRAM. Study Session - Council reviewed staff's;report. 1/18/82 Council concurred .to adjourn this meeting to a work study session -on Monday, January 18, 1982, at 6:00 PM in'the City Manager's -Conference Room for the purpose of discussing CATV and the Marks/Foran Rehabilitation Program. 3) LEGISLATION Council reviewed staff's report. Legislation _ Motion by Chappell, seconded by Tennant, and unani- Support SB 393 & SB 1278 mously carried to support SB 393 and SB 1278 and authorized the Mayor and staff to communicate the Council's position to appropriate agencies and legis- lators. 4) City Manager Fast requested a closed session to discuss personnel matters. • • APPROVAL OF DEMANDS Motion by Tice, seconded by Chappell to approve Demands totaling'$1,870,453,46. as listed on check registers UCB 89693 through 90129. Motion carried by roll call vote: AYES; Bacon; Tennant, Chappell, Tice, Shearer NOES: None - 9 - r . CITY -COUNCIL MINUTES January 11, 1982 Page Ten Closed Session Mayor Shearer called -a recess at 9:40 PM for the purpose of holding a- closed session to discuss personnel and lita- �' gation matters. Council reconvened at 10:24 PM. M.O.U.s MEMORANDUM OF UNDERSTANDING =. WEST COVINA FIREMEN'S ASSOCI- Fire Association ATION, WEST COVINA'POLICE OFFICER'S ASSOCIATION.AND Police Association GENERAL'EMPLOYEE'S:ASSOCIATION General Employees Council reviewed staff's report. Motion by Tice,.seconded by Bacon, and unanimously carried to receive and file the agreed upon Memoranda of Understanding with the Police, Fire, and General Employee Associations. ADJOURNMENT Motion by Chappell, seconded by Tice, and unanimously carried to adjourn the meeting at 10:25 PM to January 18, 1982, at 6:00 PM in the City manager's Conference Room. • Mayor Chester Shearer APPROVED ity Clerk Helene M. 1ooney