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02-25-1985 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING OF THE CITY COUNCIL OF WEST COVINA February 25, 1985 The regular meeting of the City Council of the City of West Covina was called to order at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led by members of West Covina Girl Scout Troops Nos. 355, 936, and 401. The invocation was given by Bob Camou, Word of Faith Center. ROLL CALL • Mayor Bacon, Mayor Pro Tem Tennant, Councilmembers Shearer, Chappell, Manners Others Present: APPROVAL OF MINUTES PRESENTATIONS Girl Scout Week Mooney, Calmes, Fast, Lennard, Weiser, Miller, Thomas, Curtis, Southard, Fry, Salazar, Koniarsky, McClelland, Yoshizaki, Meacham, Berry Motion by Chappell, seconded by Tennant, and unanimously carried to approve the minutes of the regular meeting of February 11, 1985. Mayor Bacon proclaimed the week of March 10 through 15, 1985, as GIRL SCOUT WEEK. Brownie Ad.rianna Stefanko received the proclamation in behalf of the West Covina Girl Scouts. Mayor Bacon proclaimed March 7, 1985, as ARBOR DAY and Arbor Day presented the proclamation to Mary Lewis, President of West Covina Beautiful. Mr. Mike Guy, representing the California Narcotic Officer's California Narcotic Association presented Mayor. Pro Tem Tennant a plaque in Officer's Asso, recognition of his outstanding dedication and work towards the fight against drug abuse. In turn, Mayor Pro Tem Tennant presented Mr. Guy with the first copy of a handbook entitled IDENTIFYING THE HEROIN USER for use by the Association. Mayor Pro Tem Tennant dedicated it to the Advanced Training Centers of the Department of Justice. Two other handbooks regarding cocaine and PCP are -dedicated by name to the California Narcotic Officer's Association and will be off the press in the near future. AGENDA COMMUNICATIONS No items were discussed. CONSENT CALENDAR Written Communications Letter received from John Rosenow, the National Arbor Day Foundation congratulating West Covina on again being named as a Tree City USA for their work in 1984. (receive & file) Planning Commission • Summary of Action of February 20, 1985 (receive & file) Personnel Commission Summary of Action of February 13, 1985 (receive & file) ABC Applications (Chief of Police reports no legal basis for protest) Sau Chu Chan dba INDONESIA SATAY HOUSE, INC. 1040 West Covina Parkway - 1 - CITY COUNCIL MINUTES February 25, 1985 Page Two Claims For'Action (Deny and notify claimant) • On September 7, 1984, a claim for personal injuries amounting to $50,000 was received by the City Clerk's Office from Elmo D. Allen. On December 27, 1984-, an application to file a late claim for personal injuries amounting to $825 was received by the City Clerk's Office from Philip Cimarrusti. On January 14, 1985, a claim for personal injuries amounting to $2,102,500 was received by the City Clerk's Office from Carol Bettencourt. On January 18, 1985, a claim for personal injuries amounting to $2,500,000 was received by the City Clerk's Office from Guo and Susan Cheng. Acceptance.of Improvements and/or Release of Bonds Precise Plan 768 Location: Northeast corner of Orange and North Garvey Allen J. Sheerin Staff recommends accepting public works improvements and acknowledging completion of grading, and releasing the Faithful Performance Bond in the amount of $17,405. Traffic Committee Minutes Minutes of February 19, 1985. (accept & file) City Treasurer Fiscal Year Licensing (resolution for adoption) Resolution 6981 - RESOLUTION 140. 6981 - A RESOLUTION OF THE CITY COUNCIL setting business OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE TERMS license terms FOR BUSINESS LICENSES CONSENT CALENDAR ACTION Motion by Chappell, seconded by Tennant to approve all items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Manners, Chappell, Shearer, Tennant, Bacon NOES: None AWARD OF BIDS 1) SP 83107 AND SP 82105 - AZUSA AVENUE AND AMAR ROAD IMPROVEMENTS Council reviewed staff's report. Motion by Tennant, seconded by Chappell, and unani- SP 83107 & SP 82105 - mously carried to a) authorize the transfer of FAU funds VERNON PAVING from SD 84101 to SP 83107'and SP 82105 in the amount of $150,000 and b) accept the bid of VERNON PAVING, Anaheim, in the amount of $459,001.35 as submitted at the bid opening of February 19, 1985, and authorize the Mayor and City Clerk to execute an appropriate agreement, subject to the concurrence of the State of California, • Department,of Transportation. 2) 14P 85108 - ACCESS kOAD RESURFACING TO RESERVOIR NO. 1 Council reviewed staff's report. Motion by Chappell, seconded by Manners, and unani- 14P 85108 - mously carried to accept the bid of WHITE CONSTRUCTION, WHITE CONSTRUCTION West Covina, in the amount of. $22,265 as submitted at the bid opening of February 19, 1985, and authorize the Mayor and City -Clerk to execute an appropriate agreement. - 2 - CITY COUNCIL MINUTES February 25, 1985 Page Three 3) SP 85103 AND SP 85105 - PRIORITY SIDEWALK AND BARRIER REMOVAL Council reviewed staff's report. Motion by Tennant, seconded by Chappell, and unani- SP 85103 & SP 85105 mously carried to accept the bid of EMMANUEL ENGINEERING, EMMANUEL ENGINEERING La Habra, in the amount of $158,655 as presented at the bid opening of February 19, 1985, and authorize the Mayor and City Clerk to execute an appropriate agreement. PUBLIC WORKS DIVISION 1) MP 83126 - APPROVE PLANS AND SPECIFICATIONS - SEEPAGE CONTROL NOGALES STREET STORM DRAIN Council. reviewed Engineer's Report. Location.: Nogales Street near Shadow Oak Drive MP 83126 - Motion by Chappell, seconded by Tennant, and unani- Plans & specs approved mously carried to approve the plans and specifications for City Project MP 83126 and authorize the City Engineer to call for bids. COMMUNITY SERVICES DIVISION HUMAN'RESOURCES DEPARTMENT 1) HUMAN RESOURCES ELEMENT Council reviewed staff's report. Motion by Chappell, seconded by Manners, and unani- Human Resources Element mously carried to approve the recommendation of the Human Resources Commission and staff to authorize the preparation of a Human Resources Element based on the list of objectives outlined in the report. RECREATION AND PARKS COMMISSION 1) RECREATION NEEDS ASSESSMENT Recreation Needs Council reviewed staff's report. Assessment Motion by Chappell, seconded by Shearer, and unani- mously.carried to refer the priorities determined by the Recreation and Parks Commission into the 1985/86 budget process for consideration. OPERATIONAL SERVICES DIVISION PERSONNEL SERVICES 1) APPROVAL OF TITLE CHANGES - CODE ENFORCEMENT OFFICER, ASSISTANT CODE ENFORCEMENT OFFICER Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 6982 - A RESOLUTION OF THE CITY Resolution 6982 - COUNCI.L OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING title changes of: RESOLUTION NO. 1277 RELATING TO CLASSIFICATION AND COM- • Code Enforcement Officer, PENSATION OF POSITIONS, AS AMENDED; AND APPENDIX "A" OF Asst. Code Enforcement RESOLUTION NO. 6967, THE CITY'S BASIC PAY RANGE STRUCTURE Officer FOR EMPLOYEES IN THE WEST COVINA CITY GENERAL EMPLOYEE'S ASSOCIATION; AND RESOLUTION NO. 6968 RELATING TO MANAGE- MENT AND CONFIDENTIAL SERVICES; CHANGING THE TITLE OF SPECIAL SERVICES OFFICER TO CODE ENFORCEMENT OFFICER AND ASSISTANT SPECIAL SERVICES OFFICER TO ASSISTANT CODE ENFORCEMENT OFFICER Motion by Chappell, seconded by Manners, and unani- mously carried to waive further reading of the resolution and to adopt. - 3 - CITY COUNCIL MINUTES February 25, 1985 Page Four 2) LEAVE OF ABSENCE WITHOUT PAY - CHRISTOPHER GOOD Leave of absence without Council reviewed staff's report. • pay - Christopher Good Motion by Shearer, seconded by Tennant, and unani- mously carried to extend the leave of absence without pay for Police Corporal Christopher Good to February 8, 1985. PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) POLICE DEPARTMENT ANNUAL ACTIVITY REPORT Council reviewed staff's report. At the request of the P.D. Activity Annual Mayor, Police Chief Meacham presented the highlights of Activity Report the activity report. Motion by Manners, seconded by Chappell, and unani- mously carried to receive and file the informational report. REDEVELOPMENT AGENCY MEETING Mayor Bacon recessed the City Council meeting at 7:57 PM in order to convene the Redevelopment Agency meeting. Council reconvened at 8:03 PM. HEARINGS 1) DOUBLE JJ LIMOUSINE - OWNER'S PERMIT APPLICATION FOR AUTOMOBILE FOR HIRE City Clerk Mooney verified the affidavit of publica- tion and mailing. Mayor Bacon opened the hearing and Double JJ Limousine - City Treasurer Calmes presented the staff report. Hearing continued Mayor Bacon opened the public portion of the hearing for comments favoring the application. No one addressed Council. He asked for comments opposing the application and no one addressed Council. Motion by Shearer, seconded by Bacon, and unanimously carried to continue the hearing opened until the appli- cant can speak in behalf of his application. 2) HOUSING POLICIES'REPORT City Clerk Mooney verified the affidavit of publica- Housing Policies Report tion. Mayor Bacon opened the hearing and -Human Resources Director Salazar presented the staff report. He noted the hearing was a duplication of the item approved by Council in December; however, due to new rules and regu- ti.ons issued by the Treasury Department that were not originally mandated by the Tax Reform Act of 1984, the Housing Policies Report has been revised.to reflect those changes. Public Testimony Mayor Bacon asked for public testimony in favor of the Housing Policies Report. No one addressed Council. None He then asked for,comments in opposition to the matter. No one addressed Council and the mayor closed the public • Public —Testimony —Closed portion of the hearing., City Attorney presented: RESOLUTION NO. 6983 - A RESOLUTION OF THE CITY COUNCI Resolution 6983 - OF THE CITY OF.WEST COVINA, CALIFORNIA, APPROVING HOUSING approving Housing Policies POLICIES REPORT OF THE INTERNAL REVENUE SERVICE, SECTION Report 103A, AND DIRECTING ITS PUBLICATION AND RESCINDING RESO- LUTION NO. 6954 Motion by Chappell, seconded by Shearer, and unani- mously carried to waive further reading of the resolution and to adopt. - 4 - CITY COUNCIL MINUTES February 25, 1985 Page Five CITY MANAGER 1) HYPNOTISM . Council reviewed staff's report. Hypnotism Council expressed concern about the ramifications of adopting the proposed ordinance.. They .felt a change in:the language to differentiate various forms of hypnotism was appropriate. Motion by Chappell, seconded by Manners, and unani- mously carried to refer the matter back to the City Attorney. • 2) AUCTIONEERS AND AUCTION HOUSES/BUSINESS LICENSES Council reviewed staff's report. City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST auctioneers & auction COVINA, CALIFORNIA, AMENDING SECTION 14-40 OF THE WEST houses COVINA MUNICIPAL CODE RELATING TO RESTRICTED BUSINESSES Motion by Chappell, seconded by Tennant, and unani- mously carried to waive further reading of the ordinance. Motion by Chappell, seconded by Tennant, and unanimously carried to introduce.the ordinance. 3) ELIMINATION OF FEDERAL REVENUE SHARING Council reviewed staff's report. Federal Revenue Sharing Motion by Manners, seconded by Chappell to authorize the Mayor to communicate West Covina's opposition to the elimination of general revenue sharing -to the appropriate legislators and President Reagan. Council discussed different approaches to the question. A substitute motion was offered by Shearer to authorize the Mayor to send a communication to President Reagan, Senators Cranston and Wilson, and Congressman Torres that the City of West Covina recognizes the deficit problem and would not be opposed to a gradual reduction of the general revenue funds consistent with reductions in other areas. The motion was seconded by Chappell and unanimously carried. 4) LEGISLATION Legislation Council reviewed staff's report. Motion by Chappell, seconded by Tennant, and unani- mously carried to oppose AB 158 and authorize staff to convey the City's position to the League of California Cities. APPROVAL OF DEMANDS Motion by Tennant, seconded by Shearer to approve Demands totaling $1,423,150.83 as listed on check registers FI 67770 through 68236. Motion carried by roll call vote: AYES: Manners, Chappell, Shearer, Tennant, Bacon NOES: None ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, reminded Council of a request she had made.at the December loth meeting and that it had Jean Arneson not yet been taken care of. City Manager was directed to report back to Council what has been done thus far. - 5 - CITY COUNCIL MINUTES February 25, 1985 Page Six Mable Tronsgard rlable Tronsgard, 1334 Glenmere, noted her appreciation of the meeting she had with the City Manager. She requested a list of citizens who have complained about easement problems between themselves and Falcon Cable Television. Mayor Bacon stated that complaints received by the City regarding CATV are not kept in the City, but forwarded to Falcon, and to his knowledge no_one else has complained of easement violations. Robert Grant Robert Grant, Lorraine Street, noted that he has called the Communications Director with CATV complaints, particularl: about unfilled trenches. He also suggested the Council condemn the areas around BKK Landfill for auto centers. Ted Goldstein Ted Goldstein, Deputy from the District Attorney's Office, introduced himself as being willing and able to work as liaison between the Council and District Attorney's Office. Mayor Bacon closed -Oral Communications and the following comments were offered: Shearer Councilmember Shearer drew an analogy between licensing a department store to conduct business within the City and licensing a cable company to conduct business within the City. Dissatisfaction with a product from the department store would be handled between the citizen and the store. It would not be brought before the City Council for a solution. The same philosophy applies to complaints against the cable company. Councilmember Shearer noted that complaints received by any governmental agency are not necessarily logged and ,filed. Many are handled directly over the phone. As a matter of public record, any listings of complaints the City does have on file can be reviewed by any member of the public. Councilmember Shearer stated that in regards to trenches or other problem areas on public rights -of -way that create a hazard, the City has the authority to correct and bill the offending party, after due notice and time has been given to correct the matter. Bacon Mayor Bacon reiterated Shearer's comments as being Council's position:, on those matters. The remainder of Council concurred. Fast City Manager Fast stated staff would investigate the trenches mentioned earlier. MAYOR'S REPORTS Mayor Bacon announced that Councilmember Chappell had been re -appointed to the Energy, Environment.& Natural Resources Committee of the National League of Cities. Mayor Bacon noted he would forward information regarding Resolution re mentally a resolution on mentally ill homeless individuals that he ill. homeless had received from Chris Reed, a Santa Monica councilmember, • to the remainder of Council -for their thoughts on the matter. COUNCILMEMBERS' REPORTS Councilmember. Shearer noted a forum regarding a separate division of the League of California Cities has been Shearer scheduled for Saturday, March 2,"in Duarte from 9:00-AM until noon. The forum has been scheduled by the San Gabriel. Valley Association of Cities. Councilmember Manners stated she would be attending the meeting. 0 CITY COUNCIL MINUTES. February 25, 1985 Page Seven Tennant Mayor Pro Tem. Tennant spoke about a possible revision in the City's sign ordinance requiring business signs be in. English. Any business establishment would be allowed to list in.anothet language if they.so choose in addition to the English. City Attorney Lennard stated an opinion would be forthcoming at the next Council meeting. Closed Session City -Attorney Lennard recommendedthe City Council recess to close session pursuant to Government Code Section 54956.9(a) to confer with its city attorney regarding pending litigation which has been initiated formally and to which the City is a party. The first litigation matter: Harry Hill-vs..the Citv of West Covina. The second litigation matter: Perry.and Bernard vs. the City of West Covina. Motion by Chappell, seconded Shearer, and unanimously carried to recess the City Council meeting at 9:05 PM to discuss the above stated matters. The City Attorney stated there would be no Redevelopment Agency matters discussed and the Redevelopment Agency was adjourned at this time. Council reconvened at 9:30 PM and took the following the action: Motion by Chappell, seconded by Shearer, and.unanitnously carried to authorize the City Attorney's Office to proceed with representing and defending the City in the Harty.:Hill vs the City of West Covina and Perry and Bernard vs. the City of West Covina. ADJOURNMENT Motion by Chappell, seconded by Tennant, and unanimously carried to adjourn the meeting at 9:31 PM. ATTEST: City Clerk Mayor - 7 -