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04-22-1985 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING April 22, 1985 • The regular meeting of the City Council was called to order by Mayor Bacon at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. Mayor.Bacon gave the invocation and led the Pledge of Allegiance. ROLL CALL Others Present: PRESENTATIONS David Haynes David Waltquist Mayor Bacon, Mayor Pro Tem Tennant, Councilmembers Shearer, Chappell, Manners Mooney, Thomas, Miller, Eliot, Fast, Southard, Heaton,:,Vol- mert, Fowler, Curtis, Bugh, Salazar, Lennard, Meacham, Fry, McClelland, Berry Mayor Bacon presented individual resolutions of commendation to David Haynes and David Waltquist who freed their neighbor from underneath his car and saved his life. James Brodnax, member of Recreation and Parks Commission James Brodnax recently resigned, was.presented with a permaplaque reso- lution of commendation for his outstanding service to'the community. A resolution of commendation was presented to Glenn Southard, Glenn Southard Assistant to the City Manager, for his dedicated service to the City of West Covina. After four years of employment in the City Manager's Office, Mr. Southard accepted the Assistant City Manager's position for the City of San Juan Capistrano. AGENDA COMMUNICATIONS Lolly Bergman, 426 S. Leaf, addressed Council regarding the Freeway Corridor Study. She encouraged Council to consider Lolly Bergman extending the study to include the area of Glendora and Hollenbeck. Ron Gastalum, attorney for BKK Corporation, stood ready to Ron Gastalum answer any questions Council may have regarding the letter received from the BKK Corporation regarding gross receipts tax. Howard Spagel, owner of a business located at 224 S. Glendora, Howard Spagel addressed a Redevelopment Agency item to improve his neighborhood commercial area. He stated his opposition to the design of the improvements. CONSENT CALENDAR Written Communications Letter received from Kenneth B. Kazarian, President of BKK Corporation regarding BKK Landfill Gross Receipts Tax. (refer to staff) Planning Commission • Summary of Action of April 17, 1985 (receive & file) Personnel Commission Summary of Action of April 10, 1985 (receive & file) - 1 - CITY COUNCIL MINUTES April 22, 1985 Page,Two ABC Applications (Chief of Police reports. no legal basis • for protest) Grace Restaurants dba CHARLEY BROWN'S 3041 E. Garvey Avenue Claims for Action (deny and notify claimant) On March 25, 1985, a claim for personal injuries amounting to $2,000,000 was received by the City Clerk's Office from Issa Nassar. Miscellaneous Public Works SP 81003 Citrus Street Reconstruction Resolution:7005 . RESOLUTION NO. 7005 - A RESOLUTI.ON'OF.THE CITY COUNCIL OF THE CITY OF.WEST COVINA,.CALIFORNIA, APPROVING SUPPLEMENT NO. 18 TO THE LOCAL AGENCY -STATE AGREEMENT NO. 07-5259 AUTHORIZING THE. MAYOR AND -CITY CLERP. TO EXECUTE SAID SUP- PLEMENT Traffic Committee Minutes Meeting of April 16, 1985 (accept and file) Construction Activi Report for the quarter ending March 31, 1985 (receive & file) Items removed for Council removed Items B-la, B-6,.and B-7 from the Consent separate discussion Calendar for separate consideration. B-la - Letter Councilmember Shearer paraphrased the letter received from from BKK Corp. the BKK Corporation. He.felt the request of BKK placed the City in &- favorable position to obtain resolutions to some of the Citv's concerns. Motion by Shearer, seconded by Chappell, and unanimously carried to refer to staff,.as recommended. B-6 Resolution 7005 Councilmember Shearer noted that he would have to abstain from voting on the Resolution No. 7005, regarding Citrus Street reconstruction. Motion by.Manners, seconded by Tennant to waive further reading of the resolution and to adopt. Motion.carried with Shearer abstaining.. Traffic Committee Upon Mayor Pro Tem Tennant's request, City Engineer Thomas Minutes addressed the issue of past year's decline in the number of traffic accidents. Motion by Tennant, seconded by Shearer, and unanimously carried to receive and file the Traffic Committee Minutes. HEARINGS 1) 1985-86 COMMUNITY DEVELOPMENT PROGRAM PROPOSAL City Clerk' Mooney verified the affidavit of publica- 19Community t.ion. Mayor Bacon opened the hearing and Human Resources Deevelvel opment Program .Director Gus Salazar presented the staff report. Mayor Bacon opened the public portion of the hearing .and the following persons addressed Council: Public Testimony Clark Hagstrom, tenant of Friendly Village Jack Stinson, 320 S. Citrus Kenneth.Van Hugles, Garvey Avenue Lilly Rodgers, 1849 Stuart Avenue -2 - C7 0 CITY COUNCIL MINUTES April 22, 1985 Page Three Sherry Hunter, 2775 Valley Blvd. Baxter Walsh, 1304 W. Durness Lolly Bergman, 426 S. Leaf Public Mayor Bacon closed the public portion of the hearing —Testimony —closed J and commenced council discussion. Staff was directed Council discussion to look into the following concerns: l) The availability of the latchkey program for pre-schoolers, 2) Eligibility rules and how they are enforced regarding the latchkey program, 3) Contingencies for mobile home park assistance, 4) Screeri rig? -of applicants and more e'f'fective use of funds..regarding,Attendant- Care Progr,am'. City Attorney presented: Resolution 7006 - RESOLUTION NO. 7006'- A RESOLUTION OF THE CITY certifying 1985/86 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CDBG Environmental DECLARING ITS INTENTION TO APPLY FOR GRANT FUNDS Review Record. PURSUANT TO THE FEDERAL HOUSING ANDCOMMUNITY DEVELOP- MENT ACT OF 1974 AS AMENDED AND CERTIFYING THE ENVIRONMENTAL REVIEW RECORD Motion by Manners, seconded by Chappell, and unani- mously carried to waive further reading of the reso- lution and to adopt. The total estimated grant is $767,088. Recess Mayor Bacon called a recess at 8:55 PM.. Council reconvened at 9:05 PM with all`members.present. 2) ADOPTION OF UNIFORM CODES RELATING TO CONSTRUCTION AND FIRE SAFETY Adoption of Uniform Codes City Clerk Helene Mooney verified the affidavit of publication. Motion by Chappell,.seconded.by Shearer, and unanimously carried to receive and file the affidavit of publication. Mayor Bacon opened the hearing and the staff report was presented by Building and Safety Director Bill Fowler and Fire Chief Bob McClelland. Public Testimony Mayor Bacon opened the public testimony portion None of the hearing and asked for comments favoring the adoption of the codes. No one addressed Council. He then asked for comments opposi.ng.the adoption of the codes. As no one addressed Council, Mayor Public —Testimony closed Bacon closed the public portion of the hearing. C-ity Attorney presented: Ordinance 1665 - ORDINANCE NO. 1665 - AN ORDINANCE OF•THE CITY Uniform Fire Code COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10 OF.THE.MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1982 UNIFORM FIRE CODE Ordinance 1666 - ORDINANCE NO. 1666 - AN ORDINANCE OF THE CITY Uniform codes COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1982 UNIFORM CODES Motion by Shearer, seconded by Chappell, and unanimously carried to waive further reading. Motion by Chappell, seconded by Shearer to adopt the ordi- nances. Motion carried by roll call. vote: AYES: Manners, Chappell, Shearer,. Tennant, Bacon NOES: None - 3 - CITY COUNCIL MINUTES April 22, 1985 Page Four 3) SAFETY MEASURES FOR SWIMMING POOLS AND ENFORCEMENT BY THE BUILDING AND SAFETY DEPARTMENT • Swimming Pools.- Safety City Clerk Mooney verified the affidavit of publica- Measures tion. Motion'by Chappell, seconded by Shearer, and unanimously carried to receive and file the affidavit. Mayor Bacon opened the hearing and Building and Safety Director Bill Fowler presented the staff report. Public —Testimony Mayor Bacon opened the public portion of the hearing and asked for comments favoring the proposed ordinance. No one addressed Council and Mayor Bacon asked for None comments opposing the proposed ordinance. No one addressed Council and the public portion of the hearing Public —Testimony —closed was closed... City Attorney presented: Ordinance 1667 - ORDINANCE NO. 1667 - AN ORDINANCE,OF THE CITY COUNCIL safety measures for OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER swimming pools 7 AS IT RELATES TO SAFETY MEASURES FOR SWIMMING POOLS M.otion.by Chappell, seconded by Tennant, and unani- mously carried to waive further reading of the ordinance. Motion by Chappell, seconded by Tennant to adopt. Motion carried by roll call vote: AYES: Manners, Chappell, Shearer,'Tennant, Bacon NOES: None AWARD OF BIDS _ 1) BID NO 85-146-'- STREET CLEANING CONTRACT Council reviewed staff's report. Bid No. 85-146 - Motion by Manners, seconded by Tennant, and unani- R.F. Dickson Co. mouslycarried to accept the bid proposal No. II of R.F. Dickson Co., Inc., Downey, in the amount of $1.3,152.15 permonth for a one year period at a cost of $157,825.80.per year as submitted'at the bid opening on April.16, 1985, and authorize the Mayor and City Clerk to execute an agreement. 2) MP 83126 - GROUNDWATER SPEPA.GE CONTROL INSTALLATION - NOGALES STREET STORM DRAIN MP 83126 - Council reviewed staff's report. All bids rejected Motion by Shearer, seconded, by.Chappell, and unani- mously, carried to reject all bids and authorize the City Engineer to readvertise. PUBLIC WORKS DIVISION 1) SP 80050 - APPROVE PLANS & SPECS - MODIFICATION OF CALIFORNIA AVENUE AND VINCENT AVENUE OFF -RAMP ON SAN BERNARDINO FREEWAY Location: Southwest quadrant of San Bernardino Fwy and Vincent Avenue Council reviewed Engineer's Report. SP 80050 - Motion by Tennant, seconded by Chappell, and unanimously • Plans & specs.approved carried to approve the plans and specifications for City Project SP 80050 and authorize the City Engineer to call for bids, subject to the approval of CalTrans. 2) WP 83119 - APPROVE .PLANS & SPECS - PUMP STATION B-4 Location: Southeast corner of Azusa and Puente Avenues Council reviewed Engineer's Report. I,TP 83119 - Motion by Shearer, seconded by Tennant,.and unanimously Plans & specs approved carried to approve plans and specs, and authorize the City Engineer to call for bids in accordance with the Joint Use Agreement dated January 30, 1985. - 4 - • CITY COUNCIL MINUTES April.22, 1985 Page Five 3) IS 85121-1 - APPROVE PLANS AND SPECIFICATIONS - INSTALLATION OF COMPUTER CONDUIT Location: City Hall and adjacent parking facilities and Sunset Avenue Council reviewed Engineer's Report. TS 85121-1 - Motion by Tennant, seconded by Shearer, and unanimously Plans & specs approved carried to approve plans and specifications for the project and authorize the City Engineer to call for bids. 4) MAINTENANCE DISTRICT NO. 4 MAINTENANCE CONTRACT RENEWAL Location: East of Lark Ellen, south of Francisquito Council reviewed Engineer's Report. J & R Landscape Maintenance I -lotion by Chapnell, seconded by Tennant, and unanimously contract renewed carried to grant renewal of J & R Landscape Maintenance Company, Inc.'s contract for the coming twelve month period at 4.5% increase. 5) 1984 STATE PARK BOND ACT - ROBERTI-Z'BERG FUNDS Location: Del Norte Park Council reviewed Engineer's Report. City Attorney presented: Resolution 7007 - 'RESOLUTION NO. 7007 - A RESOLUTION OF THE CITY Application for COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING Roberti-Z'Berg funds THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM BOND Motion by Manners, seconded by Tennant, and unani- mously carried to waive further reading -of the resolution and to adopt. 6) AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WITHIN THE CITY OF WEST COVINA Location: Azusa Avenue north of S. Garvev Avenue and various ramp terminals Council reviewed Engineer's Report. City Attorney presented: Resolution 7008 - RESOLUTION NO. 7008 - A RESOLUTION OF THE CITY Cost sharing agreement COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING f.or'state highway AN AGREEMENT FOR COST SHARING OF STATE HIGHWAYS IN THE electrical facilities CITY OF WEST COVINA Motion by Manners, seconded by Chappell to waive further reading of the resolution and to adopt. Motion carried with Shearer abstaining. COMMUNITY SERVICES DIVISION PLANNING DEPARTMENT' 1) FREE14AY CORRIDOR STUDY Council reviewed staff's report. Freeway corridor study Motion by Chappell, seconded by Tennant, and unani- mously carried to direct staff to advertise an interim ordinance relative to the areas shown on the map for Public hearing on May 13, 1985. - 5 - CITY COUNCIL MINUTES April 22, 1985 Page Six OPERATIONAL SERVICES DIVISION • PERSONNEL SERVICES 1) CHANGE IN CLASS SPECIFICATION AND SALARY RANGE - ASSISTANT CODE ENFORCEMENT OFFICER Council reviewed staff's report. City Attorney presented: Resolution 7009 - RESOLUTION NO. 7009 - A RESOLUTION OF THE CITY Asst. Code Enforcement COUNCIL OF.THE.CITY OF WEST COVINA, CALIFORNIA, Officer AMENDING RESOLUTION NO. 1277, AS .AMENDED, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS AND RESO- LUTION 6967, AS. -AMENDED, RELATING TO CLASSIFIED SER- VICES; CHANGING THE CLASS SPECIFICATION AND SALARY RANGE FOR ASSISTANT CODE ENFORCEMENT OFFICER; AND RESOLUTION NO. 6881 ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS FOR FISCAL YEAR 1984-85 Motion by Manners, seconded by Tennant., and unani- mously carried to waive further reading of the resolu- tion and to adopt. PUBLIC SAFETY.DIVISION No items scheduled.for this meeting. CITY ATTORNEY 1). ORDINANCES FOR ADOPTION Council reviewed staff's report. City Attorney presented: ORDINANCE NO. 1668 - AN ORDINANCE OF THE CITY Ordinance 1668 - COUNCIL OF THE CITY OF WEST COVINA! CALIFORNIA, ADDING advertising vehicle SECTION 3-2 TO THE WEST COVINA MUNICIPAL CODE RELATING parking TO ADVERTISING VEHICLE PARKING AND DESIGNATING VIOLA- TIONS THEREOF AS INFRACTIONS • Ordinance '1669 - limiting campaign contributions Ordinance 1671 - re hypnotism Ordinance 1672 - bingo advertising REDEVELOPMENT AGENCY MEETING ORDINANCE NO. 1669 - AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF ,TEST COVINA,.CALIFORNIA, ADDING ARTICLE IX TO CHAPTER XV OF THE WEST COVINA MUNICIPAL PLACING LIMITS ON CONTRIBUTIONS TO CAMPAIGNS OF CANDI- DATES FOR WEST COVINA PUBLIC OFFICE ORDINANCE NO. 1671 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-.11 OF THE WEST COVINA MUNICIPAL CODE RELATING TO FORTUNE TELLING, PALMISTRY, ETC., AND ADDING SECTIONS 15=11.1 THROUGH 15-11.6 REQUIRING A PERMIT FOR THE PRACTICE OF HYPNOTISM ORDINANCE NO. 1672 -- AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 5, ARTICLE III, SECTION 5-43(j) OF THE WEST COVINA MUNICIPAL CODE RELATIVE TO THE PAID ADVERTISING OF THE PLAYING OF BINGO Motion by Shearer, seconded by.Chappell, and unani- mously carried to waive further reading of the ordinances. Motion by Shearer, seconded by Chappell to adopt all three ordinances. Motion carried by roll call vote: AYES: Manners, Chappell, Shearer, Tennant, Bacon NOES: None Mayor Bacon called a recess at 9:31 PM in order to con- vene the Redevelopment Agency meeting.. Council recon- vened at 9:44 PM with all members present. 6 - CITY COUNCIL MINUTES April 22, 1985 Page Seven CITY MANAGER 1) LEGISLATION Council reviewed staff's report. • Motion by Chappell, seconded by Tennant, and unani- Legislation mously carried to support SB 969, AB 1509, SB 19, SB 880, AB 1978, AB 2198 and legislation exempting public agencies from the FLSA; oppose AB 143 and SB 887;.and authorize the Mayor to communicate these positions to the appropriate individuals. 2) WEST COVINA DISPOSAL AGREEMENT Council reviewed staff's report. West Covina Disposal Co. Motion by Manners, seconded by Chappell, and unani- Change in stock ownership mously carried to agree to the transfer of corporate stock in West Covina Disposal Company Inc. from Paul W. Thorsen to Margaret Thorsen in accordance with the City's franchise agreement, Section XI, and that they authorize the Mayor to inform West Covina Disposal of this action. 3) RUBBISH AND GARBAGE COLLECTION Council reviewed staff's report. City Attorney presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST re trash collection and COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL enforcement thereof CODE IN REGARDS TO TRASH COLLECTION AND CODE ENFORCEMENT Motion by Shearer, seconded by Tennant, and unani- mously carried to waive :further reading of the ordinance. Motion by Shearer, seconded by.Tennant, and.unanimously carried to introduce the ordinance. APPROVAL OF DEMANDS ORAL COMMUNICATIONS Jack Stinson Bob Levy Motion by Tennant, seconded by Shearer to approve Demands totaling $1,156,143.78 as listed on check registers FI 69312 through 69749. Motion carried by roll call =Tote: •AYES: Manners, Chappell, Shearer, Tennant, Bacon NOES: None Jack Stinson, 320 S. Citrus Avenue, expressed agreement with the actions taken b•7 Council throughout the meeting. He asked Council to remember the handicapped when approving sidewalks and avoid cobblestone. Bob Levy, Falcon Cable Television, presented the status . of "Falc`o.n's'"eoiistriict'ion aiid= phan`s for` the `future:'" = MAYOR'S REPORTS 1) PROCLAMATIONS Life Insurance Week - April 21-27, 1985 Proclamations National Day of Prayer _ May 2, 1985 National Teachers Ap?reciation Week - May 5-11, 1985 West Covina Small Business Week - May 5-J1, 1985 Fire Service Recognition Day May 11, 1985 2) CALIFORNIA HIGHWAY PATROL ANTI-D.U.I. CAMPAIGN Council reviewed staff's report. CHP - Anti DUI campaign Motion by Manners, seconded by Shearer, and unani- mously carried to issue a proclamation in support of the Anti-D.U.I. campaign. - 7 - CITY COUNCIL MINUTES April 22, 1985 Page Eight ANNUAL APPOINTMENTS Mayor Bacon noted that some of the appointments should take • place after the election of the new Mayor; therefore the members will follow Reorganization, below. COUNCILMEMBERS' REPORTS Councilmember Manners noted that there are positions on the Transition/Waste.Management Commission expiring in June, 1985. Manners She suggested considering the membership on the committee be reduced to .five members. Mayor Pro Tem Tennant reported on the liability problems Tennant facing cities today. COUNCIL REORGANIZATION Tennant elected Mayor Shearer elected Mayor Pro Tem Annual appointments L.A. Co. Sanitation District Upper San Gabriel Valley Water Assn. Audit committee AT).TnTTRNMFNT ATTEST: • City rk City Clerk Mooney conducted the election for mayor. Mayor Pro Tem Tennant was nominated for the Position of mayor: Motion by Chappell, seconded by Manners, and unanimously car- ried to elect.Forest Tennant.as Mayor. Newly elected Mayor Tennant conducted .the election of mayor pro tem. Councilmember Shearer was nominated for the position. Motion by Chappell, seconded by Manners, and unani- mously carried to elect Chester Shearer as Mayor Pro Tem. Congradulatory remarks and presentations ended the ceremony. Annual appointment recommendations -of the new mayor were supported by the following motions: - Motion by Bacon, seconded by Chappell, and unanimously carried that Shearer be appointed the alternate to the L.A. County Sanitation District Board. Motion by Shearer, seconded by Bacon, and unanimously carried that Tennant be appointed as representative to the Upper San Gabriel Valley Water Association. Motion'by Shearer, seconded by Chappell, and unanimously carried that Manners be appointed the alternate to the Upper San Gabriel Valley Water Association. Mayor Tennant appointed Mayor Pro Tem Shearer and himself as the audit committee. Council concurred with the remainder appointments listed on the Annual Appointment_.List. Motion by Chappell, seconded by Manners, and unanimously carried to adjourn the meeting at 10:25 PM. Mayor