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03-28-1983 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE CITY COUNCIL WEST COVINA, CALIFORNIA March 28, 1983 The regular meeting -of the City Council of the City of West Covina was called • to order by Mayor Tice at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by Councilmember Tennant and the invocation was given by Pastor Larry Cole of the Community Presbyterian Church, West Covina. ROLL CALL ..Mayor'Tice, Mayor Pro Tem,'Chappell, Councilmembers Shearer, Tennant, and Bacon Others Present: Mooney, Calmes,-Fast, Kane, Thomas, Miller, Salazar, Pryor, Southard, Meacham, Volmert, McClelland, Compean, Berry APPROVAL OF MINUTES Motion by Chappell, seconded by Tennant, and unanimously carried to approve the minutes of the regular meeting of March 14, 1983. PRESENTATION Mayor Tice presented a resolution of commendation to the West Covina Soccer Team for winning the 1983 State Association Cup of the California Youth Soccer Association. Team Coach Gus Salazar accepted the resolution in behalf of the Vikings. • CONSENT CALENDAR Written Communications Compliance Inspection Report for BKK Class I Landfill for the month of February, 1983 and additional inspections made Water Quality Control during and after recent rainstorms received from the California Board Regional Water Control Board, L.A. Region. (receive and file) Letter received March 21, 1983, from the State of California State Off ice'of Office of Traffic Safety regarding funding assistance to Traffic Safety implement a Commercial Vehicle Toxic Waste Enforcement Program. (receive and file) Planning Commission Summary of Action of March 16, 1983 (receive and file) Recreation and Parks Commission Summary of Action of March 22, 1983 (receive and file) ABC Application (Chief of Police reports no legal basis for protest) Hassen, Maria & dba RANCHO MARKETS Nael Awad 1821 W. Badillo Street Guillermo Hernandez West Covina, CA 91790 Claims for Action (Deny and notify claimant) On January 4, 1983, City Clerk's Office received a claim for property damages amounting to $298 submitted by Darryl A. Fong. On January 4,.1983, City Clerk's Office received a claim for property damages amounting to $420.52 submitted -by Paul Smit. On December 30, 1982, City Clerk's Office received a claim for property damages amounting to $;Z'65::.4.6. submitted by Robert Webster. - 1 - CITY COUNCIL MINUTES March 28, 1983 Page Two On February 15, 1983, City Clerk's Office received a claim for 'personal damages amounting to $54.60 submitted by Nick Thompson. • Traffic Committee Minutes Minutes of regular meeting held March 22, 1983 (accept & file) City Treasurer Report for the month of January, 1983 (receive and file). BKK Odor Complaint Summary Report forthe month of February, 1983 (receive and file) City Waste Management Activities Progress Report. (receive and file) Major Construction Activity Report for the month of February, 1983 (receive and file) Comments by Council Councilmember Shearer commented on the progress of the Policy Advisory Committee (noted in the City Waste Management Activi- ties Report). The committee is looking at three sites for more detailed geological investigations: Towsley Canyon (Los Angeles County), Fremont Canyon (Orange County), and Bristol Lake (San Bernardino County). Mayor Tice felt a letter of appreciation should be sent to • Congressman Torres for his work on 'the Commercial Vehicle Toxic Waste Enforcement Program (Item la) and instructed staff toprepare a"letter for his signature. Councilmember Bacon asked for more information regarding a class offered -by University of California, Irvine, entitled How to Manage Toxic and Hazardous Substances Issues in Environ- mental Impact Reports. He volunteered to attend the class if Council concurred. City Manager to report back as to the substance of the course. Motion by Tice, seconded by Chappell, and unanimously car- ried to approve funding to send Bacon,'based on the findings by staff. CONSENT CALENDAR MOTION Motion by Chappell, seconded by Tennant to approve all items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Bacon, Tennant, Shearer, Chappell, Tice NOES: None AWARD OF BIDS No bid awards scheduled for'this meeting. PUBLIC WORKS ENGINEERING DEPARTMENT 1) SOUTH HILLS DRAIN - APPROVAL OF PLANS AND SPECIFICATIONS • AND AUTHORIZING USE OF CITY STREETS Location: Citrus and Cortez Avenues Council reviewed Engineer's Report. City Attorney presented: Resolution 6677 - RESOLUTION NO. 6677 - A RESOLUTION OF THE CITY COUNCIL Plans & specs. approved: OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CERTAIN South Hills Drain SPECIFICATIONS FOR THE CONSTRUCTION OF THE SOUTH HILLS DRAIN PROJECT IN THE CITY OF WEST COVINA, CALIFORNIA, AND AUTHORIZE USE OF PUBLIC STREETS FOR OPERATION AND MAIN- - 2 - CITY COUNCIL MINUTES; March 28, 1983 Page Three Resolution 6677 (cont) TENANCE'OF TIESE FACILITIES'-''. Motion by Tennant, seconded by Bacon, and unanimously carried to waive further reading of the resolution and to adopt. • 2) SP 82106 - SUNSET AND FAIRGROVE - PROPOSED CITY/COUNTY COOPERATIVE PROJECT p Location: Sunset and Fairgrove Avenues Council reviewed Engineer's Report. SP 82106 - Cooperative Motion by Tennant, seconded by`'Chappell, and unanimously Agreement with Z.A. Co. carried to authorize the.Mayor and City Clerk to execute Road Dept. an Agreement with Los Angeles County Road Department for traffic signal construction at Sunset Avenue and Fairgrove Avenue. 3) 1983-84 SEWER SERVICE STANDBY AND AVAILABILITY CHARGES - PROPOSAL,FOR SPECIAL ASSESSMENT ENGINEERING SERVICES Location: Citywide Council reviewed Engineer's Report. Motion by Chappell, seconded.by Bacon, and unanimously 83/84 Sewer Standby `& carried to a) accept the proposal of Patrick N. Rossetti, Availability Charges Assessment Engineering Services,for.special engineering Patrick N. Rossetti services in connection with the Sewer Standby and Avail- ability Charges in an.amount not to exceed $7,500 per annum, and b) authorize the Mayor and City Clerk to execute an agreement for this work. • 4) UNCLASSIFIED USE PERMIT NO. 249 - REQUEST BONDING COMPANY TO COMPLETE IMPROVEMENTS - McDONALD'S RESTAURANT Location: Southwest corner of Azusa Avenue and Amar Road Council reviewed Engineer's Report. UUP 249 - Bonding company Motion by Tennant, seconded by Bacon, and unanimously to complete improvements carried to authorize the City Engineer to notify:*the bonding company of non-performance and take the necessary actions to complete the work to be:done. r, ENVIRONMENTAL SERVICES DIVISION COMMUNITY DEVELOPMENT DIVISION PUBLIC SAFETY DIVISION Resolution 6678 - • 2nd year: Community Crime.Resistance Program No items scheduled for this meeting. No items scheduled for;this meeting. POLICE DEPARTMENT APPROVAL FOR MATCHING FUNDS SECOND -YEAR CRIME RESISTANCE GRANT Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 6678 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE PARTICIPATION OF THE POLICE DEPARTMENT IN A STATE GRANT PROJECT (Community Crime Resistance Program) Motion by Chappell, seconded by Bacon, and unanimously carried to waive further reading of .the resolution and to adopt. - 3 CITY COUNCIL MINUTES March 28, 1983 Page Four ADMINISTRATIVE SUPPORT DIVISION l) CITY TREASURER . BINGO'ADVERTISING Bingo advertising Council reviewed staff's report,and discussed the matter permitted in length. Motion by Shearer, seconded by Tennant, to direct staff to prepare an ordinance permitting newspaper advertise- ments with regard to bingo played in the City. Motion carried by the following vote: AYES: Tennant, Shearer, Chappell, Tice NOES: Bacon 2) "OFFICE OF THE CITY CLERK AMENDMENT TO MUNICIPAL CODE REGARDING DOG LICENSES - ORDINANCE INTRODUCTION Council reviewed staff's report. City Attorney presented: .Ordinance introduced -. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST re dog licensing, COVINA, CALIFORNIA, AMENDING CHAPTER 6 RELATIVE TO ANIMALS responsibility AND FOWL. Motion by Shearer, seconded by Chappell, and unani- mously carried to waive further reading of the ordinance. Motion by Shearer, seconded by Bacon, and unanimously car- ried to introduce the ordinance. • HEARING 1) PRECISE PLAN NO. 730, REVISION 1 CHATEAU LE' CABARET_ - APPEAL REQUEST APPEAL OF PP 730, Rev. 1 This hearing had been continued from February 28 until Appeal withdrawn this meeting. Mayor Tice announced that the applicant sent a letter dated March 22, 1983, requesting withdrawal of the appeal. Motion by Shearer, seconded by Bacon, and unanimously carried to accept the withdrawal of the appeal by the applicant., For the benefit of those in the audience interested in the third scheduled hearing, Shearer suggested that Council take the recommended motion at this time. ". JOINT PUBLIC HEARING CONTINUED JOINT PUBLIC HEARING RE OWNER PARTICIPATION.' AGREE - WITH REDEVELOPMENT: MENT AND FINAL DRAFT-,EIR - AZUSA AVENUE BETWEEN WORKMAN AVE- NUE AND ROWLAND AVENUE (West Covina Village Site) Motion by Shearer, 'seconded by Bacon', and unanimously carried Council motion to to continue the joint public hearing on the OPA and Final EIR - continue hearing` Azusa Avenue between Workman Avenue and Rowland Avenue (West until 4/25/83 Covina Village Site) to the regular -meeting of April 25,1983. • Chairman Tice called the Redevelopment Agency to order. Secretary Mooney noted that all members were present. Redevelopment Agency Motion by Shearer, seconded by Bacon, and unanimously carried !potion to continue to continue the joint public hearing to the regular meeting of hearing April 25, 1983. Chairman Tice recessed the Redevelopment Agency and the City Council meeting continued. - 4 - CITY COUNCIL MINUTES March 28, 1983 Page Five 2) VARIANCE NO. 834 PRECISE PLAN NO. 764 APPEAL - Michael Basura . APPEAL OF VARIANCE NO. City Clerk Mooney verified the affidavit of publication and 834 AND PRECISE PLAN mailing. Mayor Tice opened the hearing and Environmental NO. 764 - M. Basura Services Director Miller presented the staff report accom- panied with slides of the subject site. Public Testimonv Mayor Tice asked for public testimony in favor of the In Favor appeal and Kevin Knott, 1005 Loma Vista, Pomona, spoke as Kevin Knott the applicant's representative. He stressed the applicant's reasons for a free-standing sign on Azusa Canyon Road and for relief from installing a street lighting pole with underground wiring. In Opposition Mayor Tice asked for public testimony in opposition to None the appeal. No one addressed Council and the public por- tion of the hearing was closed. Council discussed the two items in question and took the following actions: City Attorney presented: RESOLUTION NO. 6679 - A RESOLUTION OF THE CITY COUNCIL Resolution 6679 - OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING VARIANCE denying Variance 834 NO. 834 FOR A FREE-STANDING ADVERTISING SIGN ON CERTAIN PROPERTY WITHIN THE CITY Motion by Shearer, seconded by -Bacon, and unanimously carried to waive further reading of the resolution and to adopt. RESOLUTION NO.6679"(a A RESOLUTION OF THE CITY COUNCIL • Resolution,,-_6679(a) OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE approving PP No. 764 PLAN OF DESIGN NO. 764 AS MODIFIED BY THIS RESOLUTION FOR THE EXPANSION OF AN AUTOMOBILE,BUSINESS ON CERTAIN PROPERTY WITHIN THE CITY Motion by Shearer, seconded by Bacon, and unanimously carried to waive further reading of the resolution and'to adopt. CITY ATTORNEY No items scheduled for this meeting. REDEVELOPMENT AGENCY MEETING CITY MANAGER Legislation • Mayor Tice to convene the Council meeting present. 1) LEGISLATION recessed the City Council meeting at 8:51 PM. Redevelopment Agency meeting. The City reconvened at 8:54 PM with all members Council reviewed staff's report and discussed the legis- lative bills. Motion by Bacon, seconded by Tennant, and unanimously carried to support U.S. Senate Bill 66, Cable Television; AB 1545, Comprehensive Redevelopment Legis- lation; SB 747, County Contracts for Services to Cities; AB 696, County Referral of Land Use Proposals to Cities; AB 1679, State and LocalBond Registration Act; AB 647, Attorneys' Fee in Public Interest Lawsuits; and oppose AB 487, Polygraph Test: Public Employees; SB 259, Estab- lish Limits on Number of Subdivisions; SB 924, Expansion of Grand Jury "Investigations" to Cities; AB 1693, Attorney's Fees in Cases Brought Under the Peace Officers - 5 - CITY COUNCIL MINUTES March 28, 1983 Page Six Bill of Rights. Motion by Shearer, seconded by Tice, and unanimously carried to direct staff to send a copy of AB 1832 to each of the councilmembers and to poll them,.iri:'the • event of an impending deadline. 2) MODIFICATION AGREEMENT - ANCHOR DEVELOPERS Anchor Developers - Council reviewed staff's report. modification to Motion by Shearer, seconded by Chappell, and unanimously agreement carried to approve the request of Anchor Developers for modification of the sale agreement to provide for deferment of the March, 1982-, and March, 1983, principal payments. APPROVAL OF DEMANDS Motion by Chappell, seconded by Shearer, to approve demands totaling $1,058,814.75 as listed on check registers numbered FI 51309 through FI 51597. Motion carried by roll call vote: AYES: Bacon, Tennant, Shearer, Chappell, Tice NOES: None ORAL COMMUNICATIONS Mayor Tice clarified Council's intentions regarding property maintenance and noted that the article carried in the Chronicle was misleading. Beatrice Uribe Beatrice Uribe, 1121 E. Greenville Drive, addressed Council regarding an article carried in the Los Angeles Times about the availability of S/M accessories for sale at Tower Records in West Covina. • The matter was referred to staff. Gloria Rodriquez Gloria Rodriquez, 2104 Lorraine Street, addressed Council re- garding the latest hazardous'spill on Azusa Avenue in front of St. Martha's Church. Her concern was getting speedy and accurate information to the school to safeguard the health and safety of the children. The chain of communication with other agencies involved in hazardous spills was discussed and the item referred to the City Manager. MAYOR'S REPORTS Mayor Tice proclaimed the following: BUILDING AND SAFETY WEEK - April 18-24, 1983 DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST - April 10-17, 1983 Mayor Tice spoke about a letter received from Burbank Council - Fairness Doctrine member Remy seeking support of the'fairness doctrine in the news media. Council concurred that more information was needed before a position could be taken. Staff was directed to re- search the issue and report back Council. Mayor Tice suggested that City tiles be presentedto Assembly - City tiles members Hill, Tanner and Senator Campbell. Motion by Tice, seconded by Chappell, and unanimously carried to approve the suggestion. Closed Session Mayor Tice recessed the City Council meeting at 9:38 PM to con- duct a close session to discuss litigation matters. Council reconvened at 10:30 PM. ADJOURNMENT Motion by Chappell, seconded by Shearer, and unanimously carried to adjourn the meeting at 10:32 PM to 8:00 AM at Coco's Rest- aurant for a breakfast meeting with Assemblyman Frank Hill. - 6 - ATTEST: City -Clerk • Mayor March 28, 1983 Page Seven - 7 -