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06-11-1984 - Regular Meeting - MinutesM I N U T E S A REGULAR CITY COUNCIL MEETING OF' THE CITY COUNCIL OF. WEST.. COVINA, CA. Jun6 .11, 1984' The regular City Council meeting of the -City Council was called to order at 7:30 PM • by Mayor Bacon in the City Hall'Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by- Mayor.Bacon and the invocation was given by Jim Weaver of Youth for Christ/Campus Life. i • ROLL CALL Absent: Others Present: APPROVAL OF MINUTES AGENDA COMMUNICATIONS Royall Brown CONSENT CALENDAR Firework stands Mayor Bacon;,Mayor Pro Tem Tennant, Councilmember Manners Cobneilmember:Shearer (excused and arrived at 8:07 PM) Councilmember Chappell (excused, out of town) ,Mooney, Lennard, Fast, Eliot,' Thomas, Curtis, Yoshizaki, Meacham; McClelland, Gurr, Volmert, Salazar, Southard, Bugh, Fowler; Berry Motion by Tennant, seconded by Manners, and unanimously carried to approve the minutes of the regular meeting of May 14, 1984 and the adjourned regular meeting of May 21. Royall Brown, 2153 Aroma Drive, spoke in regards to the Transition Task Force. He felt it was unnecessary to change the status of the committee to a coimnission and unnecessary to pay the members. Written Communications Request for waiver of business license fees for the fol- lowing veteran organizations in conjunction with firework stands: (staff recommends approval, subject to standard conditions) Disabled American Azusa and Amar Veterans N/E C Nogales and Valley 1420 S. Azusa Avenue Canadian Legion.,. 744 S. Glendora Avenue Post 167 N/E C Azusa and Amar N/E C Nogales and Puente American Legion, 2648 E. Garvey Avenue Post 790 330 N. Azusa Avenue 1002 W. Garvey Avenue Veterans of Foreign 1200 W. Francisquito Avenue Wars, Post 8620 2648 E. Workman Avenue S/W C Vincent and Badillo Jewish War Veterans, N/E C Merced and Sunset Post 1776 635 N. Azusa Avenue 1200 West Covina Parkway Planning Commission Summary of Action'of.June 6, 1984 (receive and file) Human Resources Commission Summary of -Action of May 24, 1984 (receive and file) - 1 - • • CITY COUNCIL MINUTES June 11, 1984 Page Two ABC Applications (Police Chief reports no legal basis for protest) Aguilar, Consuelo & dba FRANCISQUITO DAIRY Aguilar, Richard 2125 W. Francisquito Ave. Baldonado, A. & dba PAG-ASA FOODS Baldonado, Z. 1559 E. Amar Road #U Temporary Use Permits (Informational) (receive and file) Disabled American Azusa and Amar Veterans N/E C Nogales and Valley 1420 S. Azusa Avenue Canadian Legion, 744 S. Glendora Avenue Post 167 N/E C Azusa and Amar N/E C Nogales and Puente American Legion, 2648 E. Garvey Avenue Post 790 330 N. Azusa Avenue 1002 W. Garvey Avenue Veterans of'Fo'reign 1200'W. Francisquito Ave. Wars,'Post' 8620 2648 E. Workman Avenue S/W C Vincent and Badillo Denied: 'National Order 1200 W. Francisquito Ave. of -Trench Rats, Dugout #95 1025 Amar Road Acceptance of Improvements and/or Release of Bonds Tract 40183 Location: West side of Sunset, north of Badillo Toshman Staff recommends accepting sewer improvements and acknowlddging,completion of grading, and authorizing the release of Faithful Performance -Bond in the amount of $44•,950,. • Administrative Review Board Driveway Modification Applicant: Steve and Ellie Biddle, 429 S. Pima No. 12 Request: Driveway with 12 feet on one side of garage Decision:. .Approved CONSENT CALENDAR MOTION AWARD OF BIDS. Two Vehicles Hertz Corporation Maintenance District No. 7 Award held over Motion by Tennant, seconded by Manners to approve all items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Manners, Tennant, Bacon NOES: None ABSENT: Chappell, Shearer 1) PURCHASE OF VEHICLES Council reviewed staff's report. Motion by Tennant, seconded by Manners, and unani- mously carried to award the bid of $14,910 for pur- chase of two 1.983 model year vehicles to Hertz Corporation of Los Angeles for delivery during the week of July 2, 1984. 2) MAINTENANCE DISTRICT NO. 7 - LANDSCAPING, OPEN SPACE AND SPRINKLER SYSTEMS Council reviewed staff's report. Motion by Mannners, seconded by Tennant, and unanimously carried to hold over until June 25, 1984, to allow staff more time to evaluate specifications and bid proposals. - 2 - - CITY COUNCIL MINUTES June 11, 1984 Page Three PUBLIC WORKS 1) CIVIC CENTER MAINTENANCE CONTRACT RENEWAL Location:• Civic.Center " Civic Center maintenance Council.reviewed.Maintenance Director's Report. • J & R Landscape Motion by Manners, seconded by Tennant, and unani- mously carried to grant renewal of J & R Landscape Maintenance Co., Inc.'s contract for the coming fiscal year with a'4.3%-increase. 2) TS 84122,- TRAFFIC SIGNAL MODIFICATION Location: Francisquito and Sunset Council reviewed Engineer's Report. Establishing project Motion by Tennant, seconded by Manners, and unani- -TS 84122 mously carried to establish project account TS 84122 and authorize the transfer of $3,500 from General Fund Contingencies. City Attorney presented: Resolution 6865 - RESOLUTION NO. 6865 -'A RESOLUTION OF THE CITY approving supplement 15 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, to Local Agency State APPROVING SUPPLEMENT NO. 15 TO THE LOCAL AGENCY Agreement No. 07-5259 STATE AGREEMENT NO. 07-5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 15 Motion by Tennant, seconded by Manners, and ..unanimously carried to waive further reading of.the resolution and to adopt. COMMUNITY SERVICES 1) SIGNS IN.THE PUBLIC RIGHT-OF-WAY Council reviewed staffs report. Motion -by Manners, seconded by Tennant, and unani- Signs in public right-of-way mously carried to authorize staff to conduct a study and'report to City Council on controlling the place- ment of private devices and signs in the public right- _ .. _ '•o f-way HUMAN, RESOURCES DEPARTMENT., .1) HOME'IMPROVEMENT PROGRAM CHANGES Council reviewed staff's report. Home Improvement Program Moti"on by Tennant,. seconded by Manners, and unani- Changes approved mously carried to. approve the changes in the Home Improvement Program as noted in the staff report. 2) DEFERRED LOAN ORIGINATION AGREEMENT Councilreviewed staff's report. Deferred Loan Origination... Motion by Manners, seconded by Tennant, and unani- Agreement mously carried to authorize the Mayor to execute the "Bank of America Loan Origination Agreement" for an additional two.years for. the Home Improvement Program. 3) ATTENDENT CARE CONTRACT Council reviewed staff's report. Attendent Care contract Motion by Tennant, seconded by Manners, and unani- with Center for Indepedent mously carried.to authorize the Mayor to execute the Living "Attendant Care.Contract" with the Center for Inde- pendent Living. - 3 - CITY COUNCIL MINUTES _ June ��, 1984 Page Four 4) COOPERATIVE AGREEMENT,FOR'MORTGAGE FINANCE BOND PROGRAM Council reviewed :staff.'s- .report. Cooperative Agreement with Motion by Manners, seconded by Tennant, and unani- • L.A. Co. re mortgage mously,carried.°to authorize the Mayor and'City Clerk to financing execute,the Cooperative Agreement with.the County of Los Angeles for'the Single Family Housing Mortgage Revenue Bond Program. OPERATIONAL SERVICES DIVISION No items scheduled for this meeting. PUBLIC SAFETY DIVISION COMMUNICATIONS.DEPARTMENT .1) RENEWAL OF ANNUAL RADIO MAINTENANCE CONTRACT Council reviewed staff's report. Radio Maintenance Motion by Tennant, seconded by Manners, and unani- -agreement -Glendale Electronics mously carried that, -upon adopting of the FY 84/85 Budget, approve the renewal of the Radio Maintenance Agreement with Glendale Electronics for a period of one year, and' authorize staff to process an annual purchase order for such agreement. CITY ATTORNEY 1) NORTHERN INSURANCE COMPANY OF NEW YORK/ CON AM DEVELOPMENT CORPORATION VS. CITY OF WEST COVINA Council reviewed staff's'report. Settlement.agreement Motion by Tennant, seconded by Manners, and unani- • mously carried to approve settlement offer of $9,500 pay- able to Northern Insurance Company of New York/Con Am Development Corporation, subject to the standard con- ditions. REDEVELOPMENT AGENCY MEETING Mayor Bacon recessed the City Council meeting at 7:57 PM to convene the Redevelopment Agency meeting. Council reconvened at 7:59 PM.with Shearer and.Chappell absent. Councilmember Shearer arrives Councilmember Shearer arrived at 8:05 PM. HEARINGS 1) APPEAL OF UNCLASSIFIED USE PERMIT NO. 286 AND VARIANCE NO, 849 (CLIFFORD AND GENEVIEVE NICHOLS) City Clerk Mooney verified the affidavit of.mailing. Appeal of UUP 286 and and publication. Mayor Bacon opened -the hearing and Variance 849 Planning Director Curtis presented the staff report with slides of.the area in question. Public Mayor Bacon asked.for oral comments in favor of the -Testimony,. In Favor: appeal and the following persons addressed Council: Don Paglici Don Paglici, owner and seller of the property Chris Nichols Chris Nichols, tenant and buyer of the property Jim Castanedo Jim Castanedo,. designer of proposal In Opposition: Those speaking .in opposition to the appeal: Don Cooley Don Cooley, 1335 W. Carlton John Cunningham John Cunningham, 557 N. Shadydale Oliver Riggins Oliver Riggins1 1259 W. Rowland Rebuttal: Mayor Bacon allowed for rebuttal: Don Paglici Don•Paglici•'addressed the comments brought forth. - 4 - CITY'COUNCIL MINUTES June 11, 1984 Page Five Public_Testimony_Closed Mayor Bacon closed the public portion of the hearing and council discussed.rear yard setback requirements, criteria for variances, and precedence of such a pro- ject on a very small lot. Council comments favored up- holding the Planning Commission decision. City Attorney presented: Resolution 6866 - RESOLUTION NO. 6866 - A RESOLUTION OF THE CITY COUNCIL denying UUP 286 OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING UNCLASS- and Variance 849 IFIED USE PERMIT NO. 286 AND VARIANCE NO. 849 Motion by Tennant, seconded by Shearer, and unani- mously carried to waive further reading of the resolution. Motion to adopt the resolution carried by the following voice vote: AYES:"`Shearer-, Tennant, Bacon NOES: Manners ABSENT:. Chappell 4 2).•,CITYWIDE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. lW-' 8' 5- RENEWAL Citywide Street Lighting City Clerk,Mooney verified the affidavit of publica- and Maintenance District - tion. Motion by;Shearer,"seconded by Tennant, and unani- 84/85 Renewal mously carried.to receive and file the affidavit. 'Mayor Bacon opened the hearing and City Engineer Thomas presented ,.,t;he'-'staff report. Written Protests City Clerk Mooney stated that no written protests None had been received, Mayor Bacon asked for oral protests Oral Protests and no one addressed Council. • None Motion by Tennant, seconded by Shearer, and unani- mous,ly"carried to close the public portion of the hearing. City Attorney presented: RESOLUTION NO. 6867 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE Resolution No. 6867 - REPORT OF THE CITY ENGINEER DATED APRIL 18, 1984 PRE - Maintenance District No. PARED PURSUANT TO RESOLUTION NO. 6820 AND APPROVED PUR- 1984-85 renewal SUANT TO RESOLUTION NO. 6846 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE RENOVATED, IMPROVED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND FOR THE MAIN- TENANCE AND TRIMMING OF TREES AND FOR LANDSCAPING MAIN- TENANCE, FOR THE FISCAL YEAR BEGINNING JULY 1, 1984 WEST COVINA STREET LIGHTING AND LANDSCAPING MAIN- TENANCE DISTRICT 1984-85 Motion by Tennant; seconded by Shearer, and unani- mously carried to waive further reading of the resolution and to adopt. Recess Mayor Bacon called a recess at 8:52 PM. Council reconvened at 9:00 PM with Councilmember Chappell absent. 3) SP 84102-1 - CORTEZ STREET DESIGN HEARING SP 84102-1 City Clerk Mooney verified the affidavit of publica- •Cortez St. Design Hearing tion. Motion by Shearer, seconded by Tennant, and unani- mously carried to receive and file the affidavit. Mayor Bacon opened the hearing and City Engineer Thomas pre- sented the staff report. - 5 - CITY COUNCIL MINUTES June 11, 1984 Page Six Public Comment Mayor Bacon asked for public comment on the design features of the proposed Cortez Street project. The following individuals addressed Council: ` Vern Bodinger, 2719 E. Cortez' Robert Levy, 2610 E. Cortez Mr.-Pitiner, 2833 Cortez Robert Maynor,,9 Campana Flores Dr. Clyde Carrington, 3209 E. Cortez Robert;Broadwell, 25 Campana Flores Dr. Ken':Lane, ;42.5�ana Flores Dr. `Camp John Hall,' 3131 E. Cortez Paula'Maynor, Campana Flores Dr. . „.Dail'ey. Pitt, 60 Campana Flores Dr. H'erman-*e•st6dmp, 3034-Larkwood Street ` Al Dalen, 3511",E. Cortez Norm.Richman, 44k, Cortez . Royall•Brown,. 2153`Aroma Drive ? Ed Howard,`,3404 E. Cortez Public Comments closed There being no others addressing'Council, motion by Manners,.'seconded bye" Tennant, and -unanimously carried -to close th-e',public %porti'on- of the hearing. Motion by Tennant, seconded by Shearer, and unani- mously, carried to receive and file the oral comments received but:notthe staff report: :. Mayor; Bacon stated that written communications re- gardirig .the design features would be received through June 2'1,, 19.84 . (Purs'uant to•State requirement, the above hearing • has_been transcribed verbatim to be submitted to CAL TRANS as part.of the record in this matter.) 4). FIRST SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST Motion by Manners, seconded by Shearer, and unani- lst Supplement of.Weed &.. mously carried to receive and file the affidavit of Abatement Lisa mailing.. Mayor Bacon opened the hearing. City.Clerk Mooney noted that no written protests had been received."' Mayor Bacon- asked for oral protests in regards to this matter. No one addressed Council and the public portion of the hearing was closed. Motion by Manners; seconded by Shearer, and unani- mously carried to order the abatement of weeds and rubbish .on those properties described in Resolution of- Intention No..6863. COMMUNITY SERVICES.DIVISION (CONT) 2) TRANSITION/WASTE MANAGEMENT COMMISSION COMPENSATION Council reviewed staff's report. Council discussed the merits in compensating the commission members. City Attorney presented: Resolution 6868 - RESOLUTION NO. 6868`- A RESOLUTION OF THE CITY COUNCII Compensation for new OF -THE CITY.OFWEST COVINA,-CALIFORNIA, SETTING THE COM- commission members PENSATION FOR MEMBERS OF THE TRANSITION/WASTE MANAGEMENT COMMISSION Motion by Shearer, seconded by Manners, to waive further reading of the resolution and to adopt.. Motion carried by the following vote: AYES: Manners, Shearer,'.Bacon NOES: Tennant ABSENT: Chappell' _"6 _ CITY COUNCIL MINUTES CITY ATTORNEY (CONT) Ordinance 1636 creating Transition/Waste Management Commission 2) ORDINANCE, FOR ADOPTION Council reviewed'staff'.s report. City Attorney presented: ORDINANCE NO. 1636 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING DIVISION 6'TO•ARTICLE JII OF -THE MUNICIPAL CODE CREATING THE TRANSITION/WASTE;MANAGEMENT COMMISSION Motiori by Manners, seconded by Shearer, and unani- mously carried to waive further reading of the ordinance. Motion by Shearer, seconded by Manners to adopt the ordinance,. Motion carried by roll call vote: AYES: Manners, Shearer, Bacon NOES: Tennant ABSENT: Chappell June 11, 1984 Page Seven 3). City Attorney Lennard noted that the City of Glendora has requested the City.of West Covina to be named on an City of West Covina to be amicus brief involving the Redevelopment Agency of included in-amicus brief Glendora, which•is seeking a hearing before the Supreme Court. The case involves a contingency fee that amounte&_to!: $650,000 to an attorney representing a property owner in a condemnation action filed by the Redevelopment Agency which was later abandoned. In such cases the law does allow for reasonable contingency fees, but Glendora feels the amount awarded was unreasonable. Motion by. Shearer, seconded by Tennant, and unani- mously carried to authorize the City of West Covina to participate as amicus in the Glendora case. CITY MANAGER 1) JPA MEETING.RE PUBLIC SAFETY FACILITIES UPGRADE Council reviewed.staff's report. JPA meeting Motion by Shearer, seconded by. Manners, and unanimous: carried to direct staff to cause documents to be prepared to implement the project financing and to- bring,.back.•_'-: to the City Council for action. 2) CATV FRANCHISE AGREEMENT Council reviewed staff's report. Amendment to CATV Motion by Tennant, seconded by Shearer, and unanimousl: franchise agreement carried to authorize the Mayor and City Clerk to execute the amendment to the City's CATV franchise agreement. APPROVAL OF DEMANDS Motion by Tennant, seconded by Shearer, to approve Demands totaling $1,282,384.74 as -listed on Check Registers FI 61420 through 61684. Motion carried_by roll call vote': AYES: Manners, Shearer, Tennant, Bacon NOES: None ABSENT: Chappell • ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, read a letter demanding the City retain an expert to study the proposed electrical Jean Arneson generator at the BKK Landfill. Oliver.Riggins, 1239 W. Rowland, noted several City staff members that serve the community well. He spoke of Planning Oliver Riggins -Director Curtis and Human Resources Director Salazar. Louis Gilbert, 428 Fernwood Street, commended the paramedics Louis Gilbert and firefighters.'' 7--.