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04-11-1983 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIF. April 11, 1983 • The regular meeting,of the City Council of the City of West Covina was called to order by Mayor Pro Tem Chappell 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 and the invocation was given by Councilmember Shearer. ROLL CALL Absent: Others Present: APPROVAL OF MINUTES PRESENTATIONS • CONSENT CALENDAR Kwik Kab Company • Mayor Pro Tem Chappell, Councilmembers Shearer, Tennant, Bacon Mayor Tice (death in the family) Mooney, Calmes, Fast, Lennard, Eliot, Miller, Thomas, Meacham, Distelrath, Yoshizaki, Southard, Parker, Irwin, Berry Motion by Shearer, seconded by Bacon, and unanimously carried to approve the Minutes.of the regular meeting held March 29, 1983. Mayor Pro Tem Chappell presented the following proclamations: PRIVATE PROPERTY WEEK - April 11-15, 1983 (presented to John Brokate, president of Covina -Valley Board of Realtors) NATIONAL LIBRARY WEEK - April 17-23, 1983 (presented to Mary Miller, Principle Librarian -in -charge of the West Covina Library) JUNIOR'S DAY - April 24, 1983 (presented`to Sue Kukta,`*presi- dent; and _Vicki Labato, public relations)'. WALKAMERICA DAY - April 24, 1983 (presented to Carole Chappell, coordinator for Los Angeles County). Written Communication Letter received from Kwik Kab Company dated March 31, 1983, requesting Council to approve a rate increase in cab fares. (refer to Agenda Item No. H-lb) Planning Commission Summary of Action of April 6, 1983 (receive and file) Human Resources Commission Summary of Action of March 24, 1983.(receive and file) ABC Application to Determine Qualifications of Manager (Police Chief reports no legal basis for protest) Lee A. Roberts dba HUNGRY TIGER, INC. 2200 E. Garvey Ave., W.C. 91791 Claims For Action (Deny and notify claimant) On .February 14, 1983, a claim for bodily injuries amounting to $66, and continuing, was received by the City Clerk's Office from Olga Keblusek. On March 1, 1983, a claim for property damages amounting to $100 was received by the City Clerk's Office from Lissette Arriaza. - 1 - CITY COUNCIL MINUTES April 11, 1983 Page Two On March 1, 1983, a claim for property damages amounting to $163 was received by the City Clerk's Office from Juan Hurtado. • On March 10, 1983, a claim for damages amounting to $90 was received by the City Clerk's Office from Ludwig von der Luhe. On March 15, 1983, a claim for damages amounting to $298 was received by the City Clerk's Office from Gary Lawson and Chuck Hinchman. Acceptance of Improvements and/or Release of Bonds SP 83110 & 82105 Location: Various throughout city CROWELL & LARSON Staff recommends accepting PCC maintenance items and releasing faithful performance bond in the amount of $84,444.00, subject to Notice of Completion procedures. END OF CONSENT Motion by Shearer, seconded by Bacon to approve all items.listed CALENDAR under Consent Calendar. Motion carried by roll call vote: AYES: Bacon, Tennant, Shearer, Chappell NOES: None ABSENT: Tice HEARINGS No hearings scheduled for this meeting. AWARD OF BIDS No bid awards scheduled for this meeting. • PUBLIC WORKS DIVISION ENGINEERING DEPARTMENT 1) TRANSFER OF JURISDICITON TO LOS ANGELES COUNTY FOR SKYLINE EQUESTRIAN TRAIL Council reviewed Engineer's Report. City Attorney presented: Resolution 6680 - RESOLUTION NO. 6680 - A RESOLUTION OF THE CITY COUNCIL OF Skyline Equestrian THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO THE EX - Trail TENSION OF THE SKYLINE TRAIL THROUGH THE INCORPORATED AREA OF THE CITY OF WEST COVINA Motion by Bacon, seconded by Shearer, and unanimously car- ried to waive further,reading of the resolution and to adopt. 2) PARCEL MAP 13566 - APPROVE FINAL MAP - FOOTHILL INDEPENDENT BANK Council reviewed Engineer's Report. City Attorney presented: Resolution 6681 - RESOLUTION NO. 6681 - A RESOLUTION OF THE CITY COUNCIL OF Parcel Map 13566 THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF approved PARCEL MAP 13566 Motion by Shearer, seconded by Bacon, and unanimously car- ried to waive further reading of the resolution and to adopt. • 3) TRACT 28406 - ACCEPT OPEN SPACE LOTS - MAINTENANCE DISTRICT NO. 1 Council reviewed Engineer's Report. City Attorney presented: Resolution 6682•- RESOLUTION NO. 6682 - A RESOLUTION OF THE CITY COUNCIL OF Accepting open space THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESOLUTION lots NO. 6453 AND ACCEPTING LOTS 150, 151, 72.AND 49 IN TRACT 28406 FOR OPEN SPACE PURPOSES AND DIRECTING THE RECORDATION THEREOF - 2 - CITY COUNCIL MINUTES April 11, 1983 Page Three Resolution 6682 (cont) Motion by Tennant, seconded by Shearer, and unanimously carried to waive further reading of the resolution and to adopt. • 4) ORDINANCE INTRODUCTION - LARK ELLEN AVENUE SPEED ZONE Council reviewed Engineer's Report. City.Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, Lark Ellen speed zone CALIFORNIA, AMENDING SECTIONS 22-131 AND 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES AND DECREASES OF STATE LAW MAXIMUM SPEEDS Motion by Shearer, seconded by Tennant, and unanimously carried to waive further reading of the ordinance. Motion by Shearer, seconded by Bacon, and unanimouslycarried to introduce the ordinance.. ENVIRONMENTAL SERVICES DIVISION No items scheduled for this meeting. COMMUNITY DEVELOPMENT DIVISION No items scheduled for this meeting. PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) CONTRACT WITH COUNTY OF LOS ANGELES FOR FACILITY USE - CRIME LABORATORY • Council reviewed staff's report. Crime Laboratory Contract Motion by Tennant, seconded by Shearer, and unani- with L.A. County mously carried to authorize staff to enter into a contract with the County of Los Angeles for use of the West Covina Police Department laboratory facility, and authorize the Mayor and City Clerk to execute the contract. OFFICE OF EMERGENCY SERVICES 1) CHEMICAL SPILL, MONDAY, APRIL 4, 1983 Council reviewed staff's report. Chemical spill Motion by Tennant, seconded by Shearer, and unani- on April 4, 1983 mously carried to receive and file the information report. Council directed staff to do everything possible to ensure the construct -ion of the Wilmington p.lant-.(a processing plant:of hazardous materials proposed in Wilmington, CA). Councilmember Tennant noted there would be less spills, less complaints, and less trucks with the opening of that plant. Councilmember Bacon.stated that he,. Congressman .• Torres:, and. Nancy Manners .:had :visited businesses on Azusa Avenue after the recent spill and street closure to see what impacts, if any, were experienced by those businesses. • ADMINISTRATIVE SUPPORT DIVISION CITY TREASURER 1) BINGO ADVERTISING Council reviewed staff's report. Bingo advertising Councilmember Shearer motioned to include a sunset 1 3 - CITY COUNCIL MINUTES April 11, 1983 Page Four clause to the proposed ordinance.using December 31, 1984, as the termination date. The motion was seconded by Tennant and unanimously carried. • City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST bingo advertising COV.INA, CALIFORNIA, AMENDING CHAPTER 5, ARTICLE.II.I, SECTION 5-43(j) OF THE -WEST COVINA MUNICIPAL CODE'RE- LATIVE TO PAID ADVERTISING OF THE PLAYING OF BINGO Motion by Tennant, seconded by Shearer, and unani- mously carried to waive further reading of the ordinance. Motion by Tennant, seconded by Shearer to introduce the ordinance. Motion carried by roll call vote: AYES: Tennant, Shearer, Chappell NOES: Bacon ABSENT: Tice 2) KWIK KAB COMPANY REQUEST FOR RATE INCREASE Council reviewed staff's report. City Treasurer Calmes Kwik Kab Company - clarified some questions on rates in neighboring cities. rate increase Motion by Shearer, seconded by Tennant, and unani- mously carried to approve the proposed increase in rates as requested for those taxicabs permitted to be operated within the City of West Covina by Kwik Kab Company. RISK MANAGEMENT • 1) RENEWAL OF LIABILITY ADMINISTRATION AGREEMENT Council reviewed staff's report. Liability Administration Motion by Shearer, seconded by Bacon, and unanimously Agreement renewal carried to authorize the Mayor to execute an amendment to the City's Service Agreement establishing fees of $6,900 per annum. PERSONNEL SERVICES 1) REQUEST FOR EXTENSION OF LEAVE OF ABSENCE WITHOUT PAY FOR SECRETARY STENOGRAPHER - LORRAINE STINSON Council reviewed staff's report. Leave of Absence without Motion by Shearer, seconded by Bacon, and unanimously pay - Lorraine Stinson carried to authorize an extension of leave of absence without pay for Secretary Stenographer Lorraine Stinson effective April 15, 1983, and ending May 26, 1983. CITY ATTORNEY ORDINANCE FOR ADOPTION Council reviewed staff's report. City Attorney presented: Ordinance 1585 - ORDINANCE NO. 1585 - AN ORDINANCE OF THE CITY COUNCIL OF THE re animals & fowl CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 6 RELATIVE TO ANIMALS AND FOWL • Motion by Tennant, seconded by Shearer, and unanimously carried to waive further reading of the ordinance. Motion by Tennant, seconded by Bacon to adopt the ordinance. Motion carried by roll call vote: AYES: Bacon, Tennant, Shearer, Chappell NOES: None ABSENT: Tice - 4 - o f CITY COUNCIL MINUTES April 11, 1983 Page Five REDEVELOPMENT AGENCY Mayor Pro Tem Chappell recessed the'City Council meeting at 8:03 PM to convene the Redevelopment Agency meeting. Council reconvened at 8:05 PM. CITY MANAGER 1) WORD PROCESSING NEEDS ASSESSMENT Council reviewed staff's report. Howard Goodman and John Ceretto,both of Warner Group, addressed Council re the needs assessment study they conducted throughoutrfhe C Word Processing Councilmember Tennant expressed strong opposition to the purchasing of any word processing equipment for City Hall. Discussion followed, generally favoring the idea of word processing for the City. However, council concurred that re-evaluation of the different phases proposed in the report should be conducted. Motion by Bacon, seconded by Shearer to approve the Warner Group's report dated April 6, 1983, and authorize staff to solicit bids for Phases I and II, with the pur- chase of equipment for Phase II to be withheld pending budget review. Motion carried by the following vote: AYES: Bacon, Shearer, Chappell NOES: Tennant ABSENT: Tice 2) AB 1832 (Tanner): Update • Council reviewed staff's report. Motion by Tennant, seconded by Shearer, and unani- AB 1832 mously carried to support AB 1832 as written and con- tinue to press for legislation that will allow local traffic enforcement officers to remove mechanically unsafe vehicles from the road. 3) LEGISLATION Council reviewed staff's report. Motion by Shearer, seconded by Bacon, and unanimously Legislation carried to oppose the following bills and authorize the mayor and staff to communicate with appropriate persons: AB 1599 (Costa), State Rejection of General Plan Housing Element SB_956 (Dills), Disallows City Variations in State Building Standards AB 1672 (Bradley), Prohibits City Review of Building Plans AB 1517 (Alatore), Preempts Local Regulation of Off - Tract Betting AB 1512 (Alatore), Precludes Use of Driver's License Information for Law Enforcement Purposes APPROVAL OF DEMANDS Motion by Chappell, seconded by Shearer to approve Demands totaling $940,481.89 as listed on check registers FI 5515,98 through,51864. Motion carried by roll call vote: AYES: Bacon, Tennant, Shearer, Chappell NOES: None ABSENT: Tice - 5 - CITY COUNCIL:MINUTES April 11, 1983 Page Six ORAL COMMUNCATIONS Louis Gilbert, 428 Fernwood Street, commented on the hearing conducted by the Department of Health Services. Louis.Gilbert Gilbert felt that the DOHS did not answer questions posed • t6 it and the report was contradictory. Betty Joyce Betty Joyce, 1509 Delhaven Street, asked for'the Redevelop- ment Agency's purchasing price of the property located at 1136 Garvey Avenue. She asked if the City pays for any spill cleanups occurring in West Covina. She hoped that the Council would express their opinions of the hearing held by the Department of Healtr Services and review the permit reissuan.ce for BKK within the guidelines set in SB 501. Bill Polish' Bill Polich, 1216 Hollencrest Drive, urged staff to demand DOHS revise and correct the report to provide proper' information. He also felt that the DOHS provided no criteria for mitigation measures. Gail Swazee Gail Swazee, 1014 S. Glenn Alan, felt that more wells at the landfill and alternate truck routes are just camou- flage techniques'.and not".addressing the problems created by the landfill,-!, , i Jean Arneson Jean Arneson, 1116 Donna Beth Avenue, read from an article in the L.A. Times regarding the possibility of a toxic waste dump located at Fremont Canyon in Orange County as being under-pteliminary stages of study and may not be necessary if BKK Landfill remains open. Oliver Biggins Oliver Riggins, 1239 W. Rowland Avenue, noted that Council • has never prevented the landfill operators from mixing organic materials with toxic materials. He noted the BKK"operators.woiild experience a significant economic impact if the mixinguere prohibited. Michelle Kieta Michelle Kieta, 17350 Temple Avenue, spokesperson for the mobile home management and the 2700 people that live in the mobile home park. She reminded Council that there were at least 3000 people dependent on the decisions made by Council. Louis Gilbert Louis Gilbert, 428 Fernwood Street, noted that the DOHS report dealt with air emissions only. He requested a joint meeting between the Task Force, City Attorney, and City Council. Council responses Oral Communications was closed at this point and Council offered the following comments. The cost of the property located at 1136 Garvey Avenue was $240,000. In regards to who pays for toxic spill cleanups, the City Manager stated that generally the company that made the spill pays for the cleanup. He noted however that the State Super Fund allows for City reimbursement in the event the City'is left"with an outstanding charge. City Attorney Lennard clarified the powers of the Council • in regards to the closure of the landfill. He said the power of the City under SB501 or § 25149 of the Health and Safety Code is severely limited and restricted, and the City does not have the power to close the landfill or to make any amendments to its conditional use permit - 6 - CITY COUNCIL MINUTES April 11, 1983 Page Seven which would close the landfill or revoke the permit unless and until after the State has -held a public hearing and • found there is in fact an imminent and substantial endan- germent to the community. He also pointed out that the State did conduct an informational hearing regarding the emissions study, but the specific hearing regulated by SB 501 has not been conducted. The councilmembers offered their opinions of the meeting held by the DOHS..regarding the Emissions study.and the following actions were taken: Motion by Shearer, seconded by Bacon, and unanimously carried to request the Department of Health Services to submit a follow-up report as<_ -soon as possible With regard to the cEiallenges:made.to,the emissions study, accompanied with explanations and resolutions to the discrepancies, particularly as it effects any conclusions in the report. Motion by Shearer, seconded by Tennant, and unanimously carried to direct staff to review the technical aspects of Riggins' comments concerning the mixing of toxic and organic materials. Motion by Shearer, seconded by Bacon, and unanimously carried to have a joiilt.,meeting set up between the Task Force and the City Council—— Motion by Tennant, seconded by Bacon, and unanimously carried to instruct the City Attorney to report back to Council with the means for requesting DOHS to conduct a public hearing pursuant to SB 501. Also, the City Attorney • is to include any other options that may be available'to END OF ORAL COMMUNI- the City in light of the report as it relates to regula- CATIONS tion of the landfill. MAYOR'S REPORTS Mayor Pro Tem Chappell proclaimed the following: VICTIMS RIGHTS WEEK - April 17-23,­.1983 PAN AMERICAN WEEK - April 11-17, 1983 Mayor Pro Tem Chappell reported on the meeting held with Congressman Torres. COUNCILMEMBERS' REPORTS No reports offered by the councilmembers. Closed Session Mayor Pro Tem Chappell called a recess at 9:30 PM for the purpose of holdinga closed session to discuss litigation matters. Council reconvened at 9:51 PM. ADJOURNMENT Motion by Bacon, seconded by Shearer, and unanimously carried to adjourn the meeting at 9:51 PM to 8:00 AM at Kellogg West, Cal Poly Campus, on April 16, 1983. The meeting was adjourned in; memory of Mayor Herb Tice's father. ATTEST: Mayor City Clerk - 7 -