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03-22-1982 - Regular Meeting - MinutesM I N U T E S- REGULAR MEETING OF THE CIT`COUNCIL WEST COVINA, CALIFORNIA March 22, 1982 The regular meeting of the City Council of the City of West Covina, California, was called to order by Mayor Shearer at 7:30-PM in the City Hall Council Cham- bers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Mayor Pro Tem Tice, and the. invocation was given by Councilmember Bacon. ROLL CALL Present: Mayor Shearer, Mayor Pro Tem Tice, Councilmembers Tennant and Bacon Absent: Councilmember Chappell Others Present: Mooney, Lennard, Fast, Eliot, Thomas, Eliot, Miller, Salazar, Keating, Meacham, Fry, Koniarsky, Pryor, Distelrath, Southard, Holmes, Berry APPROVAL OF MINUTES Motion by Tice, seconded by Tennant, and unanimously car- ried to approve the Minutes of the regular meeting of March 8, 1982. PRESENTATIONS Mayor Shearer presented a Resolution of.Commendation to the West Covina Emergency Services Radio Amateurs representa- tive, Bill Donohue, -for their participation in the city wide disaster drill concerning earthquakes. • Mayor Shearer proclaimed GENERAL. FEDERATION AWARENESS MONTH for the month of April,. 1982. CONSENT CALENDAR Written Communications Compliance Inspection Report for BKK Class I Landfill Water Quality Control was received from the California Regional Water Quality Board Control Board „Los Angeles Region. Planning Commission Summary.of Action for March 17, 1982 (receive and file) ABC Applications (Chief of Police reports no legal basis for protest) Panchal, Dashrath dba ADIE'S PLACE 1054 West Covina Parkway V.I.P. Foods, Inc. dba VILLAGE INN FAMILY RESTAURANTS 1430 S. Azusa Avenue Tomlinson, Floyd R. dba ROUND TABLE PIZZA 1414 S. Azusa Avenue Park, Mae & Jim dba CHANTRY'S PANTRY LIQUOR 1005 E. Amar Road Eichhorst, Gary dba TALL PAUL'S Taylor, Daniel & Donna 328 S. Glendora Avenue Claims for Action - (Deny and notify claimant) Claim received from Birgit With -Young on February 15, 1982., alleging property damages amounting to $268.50. Claim received from Joseph Somerville on February 26, 1982, alleging personal injuries amounting to $600,000. - 1 -- • CITY COUNCIL MINUTES MP 82114' RYAN DENNY JOE • CONSENT CALENDAR MOTION Item A-4d ORAL COMMUNICATIONS David Pagard Ray Rodriquez . Fred Landsberg . March 22, 1982 Page Two Claim received from William and James Somerville on February 26, 1982 alleging personal injuries amounting to $598,279.25. Claim received from Gfeller Development Company on January 4, 1982alleging damages amounting to $300,000. Claim received from David.Branconier on February 23, 1982 alleging personal injuries amounting to $3,000. Acceptance of Improvements and/or Release of Bonds Location: Walnut.Creek Channel and Sherway Staff recommends accepting demolition work and releasing the Failthful Performance Bond in the amount of $4,075,- subject to Notice of Completion procedure. Traffic Committee Minutes Minutes of March 16, 1982. (receive and file) Major Construction Activity Summary Informational report.. (receive and file) BKK Landfill Odor Complaint Summary'- February, 1982. Informational report. (receive and file) Councilmember Bacon requested Item A-4d be removed from the Consent Calendar for separate comment. Motion by Tice, seconded by Tennant to approve all items listed on the Consent Calendar, except Item A-4d. Motion carried by roll call -.vote: AYES: Bacon', Tennant, Tice`, Shearer NOES: None ABSENT: Chappell'' Councilmember Bacon noted the irony of the claim filed against the City of West Covina"by,Gfeller Development Company because the City forbade the dumping of their toxic wastes in the BKK Landfill. "Motion by Tice, seconded by Tennant, and unanimously carried to approve staff'§recommendation to deny and notify the claimant of the claim. David Pagard, 1705 W. Garvey Avenue North, addressed Council concerning store identification limitations in the Municipal Code. Mayor Shearer advised Mr. Pagard to meet with the Environmental Services Director regarding the provisions for variances. Ray Rodriquez, 2104 Lorraine Street, complained about a City employee tearing down campaign signs. Fred Landsberg, 2424 Nogales Street, spoke in behalf of the hazardous waste task force. He was grateful that both sides of the election did not make a political issue of the task force. He then suggested the city investigate allegations made in a Herald Examiner article,re hazards from the BKK Landfill. Mayor Shearer closed Oral Communications and made the fo1- lowing remarks The City employee who had removed campaigns signs had already been reprimanded. 2 - CITY COUNCIL MINUTES March 22, 1982 Page Three Mayor Shearer noted that he had contacted the Herald Examiner re-the`article ._ontainift&-_'. a number of substan- tiated falsehoods. The author of the article had also been advised personally by the mayor that, f.urt.her'use of the article could possibly constitute grounds for legal action. He read a letter from Robert W. White, the Director of Health Services for the County of Los Angeles.dated March 22 and addressed to Letters to the Editor, Herald Examiner. The letter refuted several allegations made in the article which'.ran-in the march 19, 1982, edition. He also mentioned that the City was in receipt of a let- ter from Ray Hertel, Director of the Water Quality Control Board, -which said substantially the same thing. The City-PTanager was directed to send copies of both ORAL COMMUNICATIONS -'END letters to the hazardous.waste task force committee members, and councilmembers. HEARING VARIANCE NO. 823 SWK ENTERPRISES Variance No. 823 Location: Northeast corner of Aroma and Azusa Avenues SWK Enterprises P?ayo"r Shearer read a fetter dated March 22, 1982, addressed to the City Clerk from the applicants, SWK -Enterprises, that requested a postponement of the hearing until April 26 when the representatives would be able to • attend the hearing. City Attorney advised Council to open the hearing and ..take action to continue the hearing if they wished to com- ply wth.the request. Mayor Shearer opened the hearing. Hearing continued Motion by Tice, seconded by Shearer, and unanimously until 4/26/82 carried to continue the hearing until April 26, 1982. MAYOR'S REPORTS Mayor Shearer proclaimed the following: NEIGHBORHOOD.WATCH MONTH -April, 1982 PAN AMERICAN WEEK - April 11-17', 1982 GREAT CALIFORNIA RESOURCE RALLY WEEK - April 79-25, 1982 COUNCILMEMBERS' REPORTS Councilmember Tennant noted that Friday, March 26, 1982, marks the opening the Queen.of the Valley's regional burn center. Motion by Tennant, seconded by Tice, and unanimously carried to direct staff to prepare a resolution of commen- dation for the hospital. . . Mayor Pro Tem Tice noted that emotions were running high on both 'sides of the campaign regarding the recall election. A14ARD OF BIDS 1) CAMERA/PLATEMAKER FOR PRINT SHOP BID NO. 82-141 Council reviewed staff's report. Camera/Platemaker Motion by Tennant, seconded by Bacon, and unani- A.B. DICK COMPANY mously carried to accept the bid of A.B.DICK COMPANY of El Monte in the amount of $10,599.97, including tax. 3 - • CITY COUNCIL MINUTES Police Patrol Units - COVINA DODGE SP 80003-1 IRVINE CONTRACTORS, INC. PUBLIC WORKS PP 82202 - Plans & specs. approved March 22, 1982 Page Four 2) POLICE DEPARTMENT PATROL UNITS BID NO. 82-148 Council reviewed staff's report. Motion by Tice, seconded by Bacon, and unanimously carried to a) award the bid to COVINA DODGE of'Covina in the amount of $8,11.4.30 each, including tax, for the purchase of Dodge Diplomats, 1982 model, and b) authorize staff to renew the agreement with Covina Dodge to maintain police patrol vehicles. 3) SP 80003-1 MERCED AVENUE STREET IMPROVEMENTS Council reviewed staff's report. Motion by Tennant, seconded by Tice, and unanimously carried to accept the bid of IRVI,vE CONTRACTORS, INC. of Santa Ana in.the amount of $92,118.60 and authorize the Mayor and City Clerk to execute the agreement, sub- ject to approval by the California Department of Trans- portation. 1) ENVIRONMENTAL SERVICES DIVISION PP 82202 APPROVE PLANS. AND SPECIFICATIONS IRRIGATION SUBDRAINS Council reviewed City Engineer's Report. Motion by Tennant, seconded by Bacon, and unani- mously carried to approve plans and specifications for city project PP 82202 and authorize the City Engineer to call for bids. There were no items scheduled for this meeting. COMMUNITY DEVELOPMENT DIVISION HUMAN RESOURCES DEPARTMENT 1) MARKS-FORAN WEST COVINA/BALDWIN PARK JOINT POWERS AGREEMENT Council reviewed staff's report. Marks-Foran bonds - Motion by. Bacon, seconded by Tice, and unanimously JPA with Baldwin Park carried to execute a Joint Powers Agreement with the City of Baldwin Park concerning the joint issuance of Marks-Foran bonds to implement a residential rehabili- tation program. MARKS-FORAN RESIDENTIAL REHABILITATION PROGRAM Council reviewed staff's report. City Attorney presented: Resolution 6507 - RESOLUTION NO. 6507 - A RESOLUTION OF THE CITY setting public hearing COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, of 4/12/82 re Marks-Foran SELECTING THE MARKS-FORAN RESIDENTIAL REHABILITATION AREA AND DETERMINING THE -METHOD OF PUBLIC HEARING NOTICE TO PROPERTY OWNERS (J Motion by Tice, seconded by Tennant, and unanimously carried to waive further reading of the resolution and to adopt. Motion by Tice, seconded by Tennant, and unani-• mously carried to set a public -hearing for 8:00 PM on April 12, 1982,in the City Hall Council Chambers to receive.public testimony. - 4 - CITY COUNCIL MINUTES March 22, 1982 Page Five PUBLIC SAFETY DIVISION POLICE•DEPARTMENT • 1) AMENDMENT TO MUNICIPAL CODE Council reviewed staff's report. City Attorney presented: Amendment to Municipal Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST re alcoholic beverages COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL in public places CODE BY ADDING SECTION 15-5 RELATIVE'TO CONSUMING Ordinance introduced ALCOHOLIC BEVERAGES IN PUBLIC PLACES Motion by Tice, seconded by Bacon, and unanimously carried to waive further reading of the ordinance. Motion by Tice, seconded by Bacon, and unanimously carried to introduce the ordinance. 'ADMINISTRATIVE SUPPORT DIVISION RISK MANAGEMENT 1) PLACEMENT OF GENERAL AND AUTO LIABILITY COVERAGE Council reviewed staff's report. General & Auto coverage - Motion by.Tennant, seconded by Bacon, and unani- FRED.S. JAMES.& CO. mously carried to approve the insurance proposal sub- mitted by FRED S. JAMES & CO. • 2) RENEWAL OF LIABILITY ADMINISTRATION AGREEMENT Council reviewed staff's report. Renewal of liability admini_ Motion by Tice, seconded by Tennant, and unani- stration agreement mously carried to authorize the Mayor to execute an amendment to the City's Service Agreement establishing fees of $6,500 per annum. CITY ATTORNEY RESPONSE CONCERNING ALLEGATIONS REGARDING CHAMBER OF COMMERCE City Attorney Colin Lennard. gave an oral report stating that the Business Improvement Taxis assessed.pursuant to the Streets and. Highways Code and that the city ordinance fully complies.- He further explained that it is not -assessed on -every taxpayer in.the city, but only bn businesses as a surcharge to the business license tax. It is used for the promotion of business activity. Lennard also said that the Chamber of Commerce Newsletter is not funded'by the Business Improvement Tax. The context of the newsletter is controlled through the bylaws of the Chamber of Commerce, and not the City. REDEVELOPMENT.AGENCY MEETING Mayor Shearer suspended the City Council meeting to con- vene the Redevelopment Agency meeting at 8:15 PM. Council reconvened at 8:20 PM. CITY MANAGER 1) -LEGISLATION Council reviewed staff's report. Motion -by Tice, seconded by Bacon, and unanimously carried to oppose the following congressional bills: 5 - r .CITY COUNCIL MINUTES March 22, 1982 Page. Six SB 1626 (Marks) AB 2747 (Robinson) Legislation Expansion of State Air Resources Board Budget And to support the following congressional bills: AB 28,97 (Roos) AB 2735 (Moore) AB 2734 (Moore) SB 1505._(Montoya) AB 2778 (Moore) SB 1506 (Montoya) S. 2174" (Goldwater) (federal bill) AB 2400 (Sher) Mayor, Shearer stated that he opposed voting by -mail for a special_ election in principle, but would support the bill (AB 2400) because all signatures would be Verified and"thereby deter possible voter fraud. 2) CLEAN AIR ACT AMENDMENTS Council reviewed staff's report. Motion by Bacon, seconded by Tennant, and unanimously Clean Air Act Amendments carried to support provisions of amendments to the Clean Air Act which lessen the burden to industry and commerce of complying.- with the.Act where it can be shown that such softening of regulations will not cause air quality deterioration or lengthen significantly the time frame within which national air quality standards must be - attained, and authorized the Mayor and staff to com- municate with appropriate legislators. APPROVAL OF DEMANDS Motion by Tice, seconded by Bacon 'to approve demands totaling $2,649,538.23 as listed on demand registers FI 91260 through 91295. Motion carried by roll call vote: AYES: Bacon, Tennant, Tice, .Shearer NOES: None ABSENT: Chappell Closed Session Mayor.Shearer. called a recess at 8:25 PM for the purpose of conducting a closed session to discuss litigation matters. Council reconvened at 8:45 PM and took the following action: Motion by -Tice, seconded by Bacon, and unanimously carried to authorize a letter demanding a retraction be sent to the Herald Examiner... ADJOURNMENT Motion by Shearer, seconded by Tice, and unanimously car- ried to adjourn the meeting at 8:46 PM to 6:30 PM on Tues- day, March 30, 1982. ayor APPROVED: . City Clerk Helene M. .r10 ey -_6 -