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10-28-1985 - Regular Meeting - Minutes• M I N U T E S WEST COVINA CITY COUNCIL REGULAR MEETING October 28, 1985 • The regular meeting of the City Council of the City of West Covina was called to order by Mayor Tennant. 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 Shearer and the invocation was given by Clyde Hodson of Bethany Baptist. ROLL CALL Mayor Tennant, Mayor Pro Tem Shearer, Councilmembers Chappell and Bacon.Council.member. Manners arrived at 8:15-PM Others Present: Moohey,7 Lennard, Eliot, Wylie, Thomas, Miller, Johnson, Salazar, Yoshizaki, Meacham, Curtis, Berry APPROVAL Or ?MINUTES Motion by Chappell, seconded by Bacon, and unanimously carried to approve the minutes of October 14, 1985. PRESENTATION Mayor Tennant presented the following proclamation to Don Goddard, District Governor of the'Toastmasters Founder's District: TOASTMASTERS COMMUNICATIONS MONTH - 10/85. AGENDA COMMUNICATION Mr. Drew Carlson, 16154 Clovermead, Covina, addressed Agenda Item No. G-1 regarding Southern California Amateur Trans - Drew Carlson mitting Society (SCATS) request for a permanent city? facility for their organization. He asked several questions as to why staff.recommended denial. Mayor Tennant stated his questions would be addressed when the item came up on the Agenda. CONSENT CALENDAR Written Communications A letter of resignation was received from Personnel Commis" - Robert L. Levy sioner Robert M. Levy effecti,ae November 13, 1985. (receive and file) The City of Covina requested use of the American La France Covina Holiday Parade Antique Fire Engine for its Holiday Parade on December 7, 1985. (authorize the Fire Department to participate by driving the fire engine in the parade on December 7, 1985) A letter dated October 21, 1985, was received from Pete Supervisor Pete Schabarum requesting that the City of West Covina prohibit Schabarum refuse.from being transported to BKK from the City of Los Angeles. (refer to staff) ' Commission Summary of Action (receive and file) • Planning Commission meeting of 10/16/85 Recreation and Parks Commission meeting of 10/22/85 Transition/Waste. Management Commission meeting of 10/17/85 ABC Application (Police Chief reports no legal basis to protest Marcel Perez Casta..reda. dba THE STUFT BURRITOS 1023 S. Glendora Avenue - 1 - 0 • CITY COUNCIL MINUTES October 28, 1985 Page Two Miscellaneous Public Work Items 1986/87 State Park Bond Act Application Location: Shadow Oak Park (adopt following resolution) Resolution 7098 - RESOLUTION NO. 7098 - A RESOLUTION OF THE CITY COUNCIL Application for OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING APPLICATIONS nark funds FOR GRANT FUNDS UNDER THE REG'ION2�L: COMPET-.I_T,IV� P,RF?GRAM Ok; THE y _ ... _ .. .t....iJ CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 SHADOW OAK PARK, PHASE II Reclaimed Water Agreement with Walnut Valley Water District Recommendation is to approve the agreement and authorize the Walnut Valley Water Mayor and City Clerk to execute the agreement for reclaimed District agreement water with Walnut Valley Water District. Traffic. Committee Minutes (accept and file) Regular meeting of October 22, 1985. Minutes include a revi_Pw of the alley west of Lark Ellen and north of the I-10 freeway, :forr,possib.:le closure. Ordinances for Adoption Ordinance l6'94 - ORDINANCE NO. 1694 - AN ORDINANCE OF THE CITY COUNCIL Zone Change No. 589 OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY .AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 589 - Al Hamel and Rene Hamel) Ordinance 1695 - ORDINANCE'NO. 1695 - AN ORDINANCE OF THE CITY COUNCIL OF .re fortune telling THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XI, SECTION 26-597, AS IT RELATES TO FORTUNE TELLING Ordinance 1696 - ORDINANCE NO. .1696 - AN ORDINANCE OF THE CITY COUNCIL re speed zones OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22- 132 OF THE.WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS Ordinance 1697 - ORDINANCE NO. 1697 - AN ORDINA?vCE OF THE CITY COUNCIL re parking pro- OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION hibitions 22-174 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PARKING PROHIBITED DURING CERTAIN DAYS AND HOURS Ordinance 1698 - ORDINANCE NO. 1698 - AN ORDINANCE OF THE CITY COUNCIL re overnight parking OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-175 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OVER- NIGHT PARKING RESTRICTIONS IN LIMITED AREAS Ordinance 1699 - ORDINANCE NO. 1699 - AN ORDINANCE OF THE CITY COUNCIL • re vesting tentative OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE X TO maps CHAPTER 20 OF THE WEST COVINA MUNICIPAL CODE CONCERNING VESTING TENTATIVE MAPS . Ordinance 1700 - ORDINANCE NO. 1700 - AN ORDINANCE OF THE CITY COUNCIL re business licenses OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 14-68 OF THE MUNICIPAL CODE RELATING TO BUSINESS LICENSES Treasurer's Report Month of August, 1985 - 2 - (receive and file) • 9 CITY COUNCIL MINUTES October 28, 1985 Page Three Award of Bids SP 85107.- Sidewalks and Handicap Ramps (Barrier Removal; SP 85107 - Recommendation is to accept the bid of White Con - White Construction struction, West Covina, in the amount of $74,433 as submitted at the bid opening on October 22, 1985, and authorize the Mayor and City Clerk to execute an appropriate agreement. PP 85206 - PP 85206 - Ridgeriders Riding Area - Fencing Improvement: award held over Recommendation is to hold over the award of this bid .for additional review. Construction Activity (receive and file) Report for tine quarter ending September 30, 1985. Administrative Review Board Applicant: Eusebio S. Fumero, 1100 S. Shadydale Ave. Request: Circular drive addition ARB Decision: Approve - Item removed for separate Mayor Pro Tem Shearer requested Item B-4b removed for consideration - B-4b separate consideration. CONSENT CALENDAR MOTION Motion by Shearer, seconded by Chappell to waive further reading of the ordinances and to adopt, and to approve all other items. Motion carried by roll call vote: AYES: Bacon, Chappell, Shearer, Tennant NOES: None ABSENT: Manners Item B-4b City Engineer Harry Thomas responded to questions posed by Mayor Pro Tem Shearer regarding the Reclaimed Water Agreement with Walnut Valley Water District. Motion by Chappell, seconded by Bacon, and unani- END OF CONSENT CALENDAR mously carried to approve sta.ff's recommendation. PUBLIC HEARINGS No public hearings were scheduled for this evening. PUBLIC WORKS DIVISION 1) SALE OF CITY PROPERTY - VACATED PORTION OF SOUTH GARVEY AVENUE Council reviewed Engineer's Report. • Sale of vacated City property Motion by Chappell, seconded by Shearer, and at South Garvey Avenue unanimously carried to authorize the sale of the vacated portion of South Garvey Avenue to the Redevelopment Agency and authorize the execution • of the grant deed in favor of the. Redevelopment Agency. 2) SP 86103 — APPROVE PLANS & SPECIFICATIONS - CURB AND GUTTER MAINTENANCE Council reviewed Engineer's Report. SP 86103 - Moti.:on by.?Chappell; seconded 'by*Shearer,`and.,. Plans & specs approved unanimously: car-ried to :approve plans 'and.- speci- f. cations,fbr. S,P1,:86103 "and •autlorize the•,C ty\... e,Er g neer: to .•ea11 for • 9 • CITY COUNCIL MINUTES October 28, 1985 Page Four 3) MERCED AVENUE WIDENING - AGREEMENT FOR STREET AND HIGHWAY DEDICATION - HARRIET HARSHA Merced Avenue - Agreement Council reviewed Engineer's Report. with Harriet Harsha Motion by Bacon, seconded by Chappell, and unanimously carried to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. COMMUNITY SERVICES DIVISION OFFICE OF COMMUNITY SERVICES 1) EPA/DOHS - COMMUNITY EVALUATION COMMITTEE Council reviewed staff's report. EPA/DOHS Community Councilmember Bacon motioned to approve the Evaluation Committee recommendation on the staff report. There was no second. The remainder of council requested more information on the matter. Motion by Shearer,.seconded by Chappell, and unanimously carried to communicate with Dr. Neutra to clarify the role and requirements for this committee. RECREATION SERVICES 1) FEE -AND -CHARGE ACTIVITIES Council reviewed staff's report. Fee -.and -Charge Activities Motion by Shearer, seconded by Bacon, and unanimously carried to approve Recreation Services to retain the thirty percent generated revenue to offset program costs, and reduce the use of General Fund monies. Agreement with W.C.U.S.D, Commercial Improvement Pro¢ram re East Glendora Project. 2) WEST COVINA. UNIFIED SCHOOL DISTRICT COMMUNITY RECREATION AGREEMENT Council reviewed staff's report. Motion by Chappell, seconded by Bacon,,and unanimously carried to approve the Community Recreation Agreement between the West Covina Unified School District and the City of West Covina and authorize the Mayor and City Clerk to execute the agreement. HUMAN RESOURCES DEPARTMENT 1) COMMERCIAL IMPROVEMENT PROGRAM (East Glendora Proiect) n 4 e-. Council reviewed staff's report. Council raised concerns about the maintenance of the canopies, number of votes required on the matter, and the timing and requirements of the voluntary improvements vs, mandatory improvements. Motion by Bacon, seconded by Shearer, and unanimously to,.hold over a decision until November 12, pending clarifications from staff. 0 • CITY COUNCIL MINUTES OPERATIONAL SERVICES DIVISION Resolution 7099 - re business license taxes October 28, 1985 Page Five FINANCE DEPARTMENT 1) RESOLUTIONS REGARDING CHARGES IN RELATION TO THE CONSUMER PRICE INDEX AND THE SUSPENSION OF CERTAIN BUSINESS LICENSE TAXES FOR COMMERCIAL RENTAL Resolution 7100 - re office & commercial rentals Council reviewed staff's report. City.Attorney presented: RESOLUTION NO. 7099 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUSPENDING ANY INCREASE IN THE AMOUNT OF CHARGES RELATING TO BUSINESS LICENSE TAX, ORDINANCE NO. 1385, EQUAL TO THE INCREASE OF THE BASE INDEX IN THE THEN LATEST AVAILABLE CONSUMER PRICE INDEX FOR THE"FISCAL YEAR.1985/86 RESOLUTION NO. 7100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUSPENDING A PORTION OF THE CATEGORY A -II AND ALL OF THE CATEGORY A -III BUSINESS LICENSE TAXES IMPOSED ON OFFICE AND COMMERCIAL RENTALS Motion by Chappell, seconded by Shearer, and unanimously carried to waive further reading of the resolutions and to adopt. 2) RESOLUTION DECLARING CERTAIN CITY PROPERTY SURPLUS Council reviewed staff's report. City Attorney presented: RESOLUTION NO. 7101 - A RESOLUTION OF THE CITY Resolution 7101 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Surplus city property DECLARING CERTAIN CITY PROPERTY AS SURPLUS Motion by Chappell, seconded by Shearer, and unanimously carried to waive further reading of the resolution and to adopt. PUBLIC SAFETY DIVISION OFFICE OF EMERGENCY SERVICES 1) SOUTHERN CALIFORNIA AMATEUR TRANSMITTING SOCIETY (SCATS) Council reviewed staff's report. Council clarified for Mr. Drew Carlson that City policy strictly forbids permanent use of City facilities by private SCATS request for City facility organizations. Also noted, the area requested by denied SCATS houses.Recreation Services equipment and activities. - - Motion by Shearer, seconded 'by.Chappell, and unanimously carried to deny the.request by SCATS for permanent use of a City facility and that SCATS members be"urged to contact the Office of Emergency Services if -they are interested in volunteering their services for disaster communi- cation purposes. Manners Councilmember Manners arrived at 8:15 PM. COMMUNICATIONS DEPARTMENT 1) 9-1-1 DURING 1985 9-1-1 during 1985 Council reviewed staff's report. Motion by Chappell, seconded by Bacon, and unanimously carried to receive and file the informational report. - 5 - CITY COUNCIL MINUTES October 28, 1985 Page Six • REDEVELOPMENT AGENCY MEETING Mayor Tennant recessed the City Council meeting at 8:20 PM to convene the Redevelopment Agency meeting. the City Council meeting reconvened at 8:35 PM. • CITY MANAGER 1) CLEAN WATER ACT REAUTHORIZATION Council reviewed staff's report.. Councilmember Bacon requested the Clean Water Act favor the Clean Water Act, but: opposed `imgl-ementa- Reauthorization t:ion' t•7afer `_treatmen't..r'equ rem.erits., un.;less-'ari'apprppri ate-f'easibility,was conducted by the EPA. Motion by Chappell, seconded by Shearer, and unanimously carried to oppose HR 8 and S 1128, . unless amended, and that appropriate communications be sent to include Councilmember Bacon's comment. 2) MOTIVATIONAL INCENTIVE PROGRAM (MIP) Council reviewed staff's report. City Attorney presented: Resolution 7102 - RESOLUTION NO. 7102 - A RESOLUTION OF THE CITY Motivational Incentive COUNCI,L OF'THE•CITY OF WEST COVINA, CALIFORNIA, Program AMENDING THE MOTIVATIONAL INCENTIVE PROGRAM Motion by Shearer, seconded by Chappell, and unanimously carried to waive further reading of the resolution and to adopt. 3) APPROVAL.OF CONSULTANT - DEVELOPMENT FEASIBILITY STUDY AND FREEWAY CORRIDOR PLAN Council reviewed staff's report which referred to a Redevelopment Agency staff report. Consultant for feasibility study - Motion by Manners, seconded by Chappell, and Arroyo Group unanimously carried to approve a contract with the Arroyo Group for the Development Feasibility Study and Freeway Corridor Plan and authorize the Assistant City Manager to execute. said contract. APPROVAL OF DEMANDS Motion by Shearer, seconded by Chappell to approve demands totaling $1,660,483.35 as listed on check registers FI 74160 through 74618. Motion carried by roll call vote: AYES: Manners, Bacon, Chappell, Shearer, Tennant NOES: None Recess Mayor Tennant called a recess at 8:38 PM and reconvened the meeting at 8:47 PM. • ORAL COMMUNICATIONS Lollie Bergman, 426 Leaf, addressed Council about a letter sent to the property owners and tenants within Lollie Bergman the East Glendora Avenue redevelopment project area. Lillian Fine, 1210 Robin, a representative of the East San Gabriel Valley Nuclear Weapon Freeze Committee, read a resolution requesting the Council to endorse Lillian Fine World Peace Day and a:comprehensive;_test,.:ban:triaty. Paula Taylor, 1043 E. Charvers, concurred with Mrs. Paula Taylor Fine. • L' • Is CITY COUNCIL MINUTES October 28, 1985 Page Seven Louis Fine, 1210 S. Robin, agreed with his wif.e's statements, and urged Council to adopt the proposed Louis Fine resolution. Philip Smith, 3105 E. Virginia, addressed Council regarding the restaurant being constructed on Holt.. Philip Smith Avenue.' Meredith Parry, 3200 Oak Knoll Drive, also expressed Meredith Parry concern about the restaurant project. George Serrian, Whittier, asked for a clarification George Serr'ian of the West Covina Disposal exclusive franchise. Mr. Serrian expressed interest in providing similiar services to commercial businesses in West Covina. Mary Butler, 3142 Oak Knoll Drive, a member of her neighborhood group, expressed concern over the develop- ment of the properties in the area of Holt and Garvey Mary Butler Avenue South. Oliver Riggins, 1239 W. Rowland, noted that he had been approached by Falcon Cable Television and they quoted $15 as the lowest price they offer for CATV. Knowing this to be false, Mr. Riggins suggested Falcon be Oliver Riggins instructed to have all rates printed on their flyers. Mayor Tennant closed Oral Communications and the fol- Council comments lowing comments were offered by Council. Council'discussed the test ban treaty resolution Test ban treaty resolution proposed by Mrs. Fine. Councilmembers Bacon and Manners motioned and seconded to adopt the resolution as pre- sented. Other councilmembers felt more clarification was required regarding items mentioned within the body of the resolution and that the issue being a federal issue was not in line with a.city council's juris- diction. City Attorney discussed the consequences of abstaining from the vote. Motion 'fail.ed by,: the :.- . following vote:'.*. .AYES: Bacon; Manners NOES: Chappell, Shearer, Tennant Restaurant/Office Council requested a staff report regarding the status project of the project. Planning Director Paul Curtis stated that staff was also working with the developer to suggest modifications to make the project less objectionable to the residents. Acting City Manager Leonard.Eliot explained that process to date.and noted a report would follow. Falcon CATV Motion by Shearer, seconded by Bacon, and unanimously carried that staff communicate with Falcon regarding their obligation to offer the minimum service. Trash Collection; Acting City Manager Eliot explained the exclusive franchise agreement with West Covina Disposal. If there is a case where West Covina Disposal cannot meet the needs, then another company can,.be.. called''.in, to:.meet the t- par=t:i_cuTar need'.: Mayor Tennant requested staff to investigate possibilities of competitive services in the commercial areas of West Covina. - 7 - C] • • • CITY COUNCIL MINUTES MAYOR'S REPORTS Proclamations Resolution 7103 - appointing Knora Jackson to Human Resources Commission October 28, 1985 Page Eight Motion by Manners, seconded by Bacon,:and unanimously carried to proclaim the following: WORLD PEACE DAY - October 24, 1985 ALZHEIMER'S DISEASE PUBLIC AWARENESS MONTH - Month of November, 1985 CALIFORNIA.HOSPICE MONTH - November, 1985 Mayor Tennant recommended that Knora Jackson be appointe to the vacancy on the Human Resources Commission. City Attorney presented: RESOLUTION NO. 7103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WST COVINA, CALIFORNIA, APPOINTING KNORA JACKSON TO THE HUMAN RESOURCES COMMISSION Motion by Bacon, seconded by Chappell, and unani- mously carried to waive further reading of the reso- lution and to adopt. Motion by Manners, seconded by Chappell, and unani- Resolution of Commendation - mously carried to approve the preparation of a Bob Levy Resolution of Commendation for Bob Levy, upon his resignation from the Personnel Commission. COUNCILMEMBERS' REPORTS Councilmember Manners related an incident she experienced when her daughter was taken by the Los Angeles County Manners Paramedics to a hospital. Councilmember Chappell noted he would be chairing the next LAFCO meeting and would consequently.be-out Chappell of town for several days. Mayor Pro Tem Shearer noted he had watched the West Covina Firefighters handling a minor brush fire and commended their work. Mr. Shearer noted the recent, -death of Dr. Dauson Austin. Closed Session City Attorney Cblin Lennard recommended the City Council recess to closed -sessionpursuant<;t_o.Governor?nt 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 title of the litigation is West Covina Friendly Village vs. the City of West Covina. Motion by Shearer, seconded by Bacon, and unani- mously carried to accept the City Attorney's recomenda- tion for a closed session. Mayor Tennant recessed the meeting at 10:05 PM for that purpose and recon- vened the City Council at 10:18 PM.at which time the following action was taken: Motion by Bacon, seconded by Manners, and unani- mously carried author:izing :settlement._,of the case;, .; by the. City Attorney. Council noted• a breakfast meeting was scheduled with Congressman Torres on November 25, 1985. ADJOURNMENT Motion by Shearer, seconded by Bacon, and unanimously carried to adjourn the meeting at 10:20 PM to November 4, 1985, 6:30 PM in the Management Resource Center. - 3 - CITY COUNCIL MINUTES • ATTEST: //% • �s`� City Clerk • • Mayor October 28, 1985 Page Nine �Z