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05-27-1986 - Regular Meeting - Minutes0 M I N U T E S OF THE WEST COVINA CITY COUNCIL REGULAR MEETING May 27, 1986 The regular meeting of the West Covina City Council was called to order at • 7:30 PM by Mayor Shearer in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Mayor Pro Tem Chappell and the invocation was given by Councilmember Bacon. ROLL CALL Others Present: APPROVAL OF MINUTES PRESENTATION Mayor Shearer, Mayor Pro Tem Chappell, Councilmembers Manners, Bacon, Tennant Mooney, Fast, Lennard, Miller, Thomas, Eliot, Curtis, Meacham, Keating, Fry, Koniarsky, Wylie, Penfield, Salazar, Berry Motion by Chappell, seconded by Tennant, and unanimously carried to approve the minutes of the adjourned regular meeting of May 12, 1986, and the regular meeting of May 12, 1986. Mayor Shearer presented a Certificate of Recognition to Robert Johnston, designated as Librarian of The Year. AGENDA COMMUNICATIONS Catherin and Joseph Castucci, 430 Pima Avenue, addressed Council regarding a request to the Traffic Committee Traffic.Committee _ for a review of traffic conditions on Walnut Creek Minutes Parkway between Glendora and Lark Ellen due to excessive speeds. CONSENT CALENDAR Written Communications None Commission Summary of Actions (receive and file) Planning Commission - 5/21/86 Personnel Commission - 5/14/86 Transition/Waste Management Com. 5/15/86 ABC Applications (Police.Chief reports no legal basis for protest) Tai Sung Min dba STONE LIQUOR • 1211 S. Glendora Yoshiyuki Ota, dba EDOKKO WEST COVINA Tsukada Shigeki 1428 S. Azusa Avenue Raffles Management dba RAFFLES Services, Inc. 3275 E. Garvey Avenue Circle "K" Convenience dba CIRCLE "K" Stores, Inc. 500 N. Azusa, #111 Claims For Action (Deny and notify claimant) On April 23, 1986, a claim for personal injuries in excess of $500,000.00 was received by the City Clerk's Office from Rikki Daniel Lambert. - 1 - • 17J • CITY COUNCIL MINUTES May 27, 1986 Page Two On May 2, 1986, a claim for personal injuries and property damages amounting to $10,600.00 was received by the City Clerk's Office from Joseph Antonio Esparaza. Approval of Final Maps (adopt .resolution) Parcel Man 17325 - West Covina Redevelopment Agency/ Resolution 7185 - Juniper Street. Staff report.reviewed. Parcel Map 17325 RESOLUTION NO. 7185 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP 17325 Temporary Use Permits (informational) Permit No. 1670-86 issued to Alpha Beta, 1525 E. Amar Road, for a sidewalk sale on 5/24 through 5/26/86. Acceptance of Improvements and/or Release of Bonds Tract 39522 Location: South of Amar Road, east of Nogales. UMARK, INC. Staff recommends accepting water main improvements and releasing Faithful Performance Bond No. 400-GS-9929 in the amount of $73,000. Miscellaneous Public Works: MP 86120 -Bicycle Parking Facilities - Calzona Construction Company Location: Citywide MP 86120 Staff recommends accepting bicycle parking facilities CALZONA CONST. COMPANY and releasing Faithful Performance Bond No. 86S-1002- 15305 in the amount of $29,400.00, subject to Notice of Completion procedure. Street Vacation - David Kaminsky Location: East Garvey Avenue South/James Street Resolution 7186 - RESOLUTION NO. 7186 - A RESOLUTION OF THE CITY Street vacation COUNCIL OF THE CITY OF WEST COV:INA, CALIFORNIA, VACATING (David Kaminsky) AND ABANDONING A PORTION OF A STREET WHICH HAS BEEN SUPERSEDED BY REALIGNMENT (East Garvey Avenue South/ James Street) Traffic Committee Minutes (Accept and file) Minutes of the regular meeting held May 20, 1986. Ordinances for Adoption ORDINANCE N0. 1718 - AN ORDINANCE OF THE CITY OF Ordinance 1718 - WEST COVINA, CALIFORNIA, AMENDING SECTION 15-11 OF re fortune telling CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO THE REGULATION OF FORTUNE-TELLING_ AND RELATED PRACTICES ORDINANCE NO. 1719 - AN ORDINANCE OF THE.CITY Ordinance 1719 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING re membership of SECTION 2-126 OF DIVISION 6, ARTICLE III, CHAPTER 2, Trans./Waste Mng. Com. OF THE MUNICIPAL CODE OF THE CITY OF WEST COVINA, AMENDING THE TRANSITION/WASTE MANAGEMENT COMMISSION - 2 - MINUTES May 27, 1986 Page Three • City Treasurer's Report (receive and file) Report for the month of April, 1986. • Award of Bids MP 83126 - Groundwater Seepage Control Installation Nogales Street Storm Drain MP 83126 - Staff recommendation is to accept the bid of Wilson', Wilson's Equipt. Rentals Equipment Rentals, Inc.., Ontario, in the amount of $78,750 and authorize the Mayor and City Clerk to execute an appropriate agreement. Miscellaneous Resolution for Access to Sales.and Use Tax Records for Development of a Sales Tax Data Base Staff recommendation is to adopt: Resolution 7187 - RESOLUTION NO. 7187 - A RESOLUTION OF THE CITY Access to sales & tax COUNCIL OF THE CITY OF'WEST COVINA, CALIFORNIA, records AUTHORIZING CERTAIN CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO SALES AND USE,TAX RECORDS PURSUANT TO GOVERNMENT CODE SECTION 7056 Item removed from The Traffic Committee Minutes were removed from the Con - Consent Calendar sent Calendar for separate discussion. Motion by Tennant, seconded by Manners to waive further reading.of the resolutions and ordinances and to adopt, and to approve all other items except Traffic Committee Minutes. Motion carried by roll call vote: AYES: Tennant, Bacon, Manners, Chappell, Shearer NOES: None Mayor Shearer noted that the recommendation of the Traffic Committee was to conduct a full traffic survey. Motion by Chappell, seconded by Bacon, and unani- mously carried to accept and file the Traffic Committee END OF CONSENT CALENDAR Minutes. PUBLIC WORKS DIVISION .No items scheduled for this meeting. COMMUNITY SERVICES DIVISION No items scheduled for this meeting. . OPERATIONAL SERVICES DIVISION PERSONNEL DEPARTMENT 1) APPROVAL OF CLASS SPECIFICATION AND SALARY RANGE - • JAILER Council -reviewed staff's report. City Attorney presented: Resolution 7188 - RESOLUTION NO. 7188 - A RESOLUTION OF THE CITY class specs for jailer COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, A14ENDING RESOLUTION NO 1277 RELATING TO CLASSIFICA- TION AND COMPENSATION OF POSITIONS, AS AMENDED; - 3 - MINUTES May 27, 1986 Page Four • Resolution re jailer AND APPENDIX A OF RESOLUTION NO. 7127, THE CITY'S specifications SALARY RANGE STRUCTURE FOR EMPLOYEES IN THE WEST COVINA CITY GENERAL EMPLOYEES ASSOCIATION, AS AMENDED; APPROVING THE .CLASS SPECIFICATION AND.. • SALARY.RANGE FOR THE POSITION OF JAILER Motion by Tennant, seconded by Bacon, and. unanimously carried to waive further reading of the resolution and to _adopt. 2) SPECIAL MERIT INCREASE - MIGUEL HERNANDEZ Special merit increase.- Council reviewed staff's report. Miguel Hernandez Motion by Tennant, seconded by Bacon, and unani- mously carried to authorize a special one-step merit increase for Miguel Hernandez, Engineering Technician, effective May 16, 1986. FINANCE DEPARTMENT 1) MOBILE COMMAND POST Council reviewed staff's report. Motion by Chappell, seconded by Bacon to a) based on the City'.s immediate -need for such a unit Mobile Command Post - and the State's Office of Emergency Services award Apollo/Revcon to Apollo/Revcon after regular biding procedures were followed for the same vehicle sought by the City, the City Council finds that it.would be impractical, useless, and.uneconomical to initiate a formal bidding process, and that the public welfare would be promoted by dispensing with the same, and,b) that the purchase of.a Mobile Command Post, utilizing the State of California''s Bid Award No. F29-004199, to Apollo/Revcon in the amount of $89,965.87, including tax, and that the cost of the unit be financed from the Federal -drug rebate money designated for local law enforcement purposes. PUBLIC SAFETY DIVISION POLICE DEPARTMENT 1) REQUEST FOR BIDS FOR COPY MACHINE Council reviewed staff's report. Request for bids - Motion by Chappell, seconded by Manners, and P.D. copy machine unanimously carried to authorize the Chief of Police to solicit formal bids for replacement of the Police Department copy machine. CITY ATTORNEY No items scheduled for this meeting. • REDEVELOPMENT AGENCY. Mayor Shearer recessed _ y the City Council meeting at 7:49 PM to convene the Redevelopment Agency meeting. The meeting was adjourned at 7:53 PM. PARKING AUTHORITY Mayor Shearer convened the Parking Authority meeting at 7:53 PM. The Parking Authority meeting was adjourned at 7:54 PM at which time the City Council meeting reconvened.. - 4 - • • 11 • MINUTES May 27, 1986 Page Five CITY MANAGER 1) WEST COVINA COMMUNITY INFORMATION, INC. ELECTION OF OFFICERS Council reviewed staff's report. West Covina Community Motion by Bacon, seconded by Manners, and Information - election unanimously carried to elect -Mayor Shearer as of officers the President, Mayor Pro Tem Chappell as .the Vice President, City Clerk Mooney as the Secretary, and Cit-7 Treasurer as the Treasurer of West Covina Community Information, Inc. 2) LEGISLATION Council reviewed staff's report. Motion by Tennant, seconded by Chappell, and Legislation unanimously carried to oppse AB 4330, support AB'4.300 and AB'4400, and authorize the Mayor to I ommunicate these positions to the proper individ- uals. Council noted their opposition to the overly.broad.wording in AB 4300. APPROVAL OF DEMANDS Motion by Chappell, seconded by Manners to approve Demands totaling $4,644,145.31 as listed on Check Registers FI 79584 through 80032. Motion carried by roll call vote: AYES: Bacon, Tennant, Manners, Chappell, Shearer NOES: None HEARING EXTENSION OF RESIDENTIAL CONSTRUCTION MORATORIUM City Clerk Mooney verfied the affidavit of publi- cation. Mayor Shearer opened the hearing and the staff Extension of moratorium report was presented by Community Services Director Miller. Mayor Shearer stated that all comments would be heard at one time, rather than trying to separate into comments favoring the extension and those opposed. He asked for comments and the following individuals Public_ Testimony addressed Council: Jean Arneson; .1116 Donna Beth, favored the Jean Arneson moratorium encouraging Council to determine the 2000 foot boundary from the old dumping site and drum disposal area. She stated that her home is over 5000 feet from the landfill and she smelled odors every night the previous week. She noted her suspicions of litigatioti-�disciission§:held--.earlier during closed -:session and referred to Council's nondisclosure of a February 6th letter. Ray Lysher, 2016 Chaparral, stated that his Ray Lysher property value diminished $17,000 since last year due to the landfill. He wants the area developed and BKK penalized, not the homeowners. Ron Ballard, attorney for Bruto co Development Ron Ballard Co., presented written comments and summarized as fol- lows: there is insufficient data to support the con- tinuance of the.moratorium, no evidence of danger to to properties north of the landfill, notification to new home buyers and rentals is good, and requested that he be included in developing the language of the notices. - 5 - CJ • MINUTES May 27, 1986 Page Six Michele d'Arlin of Ponderosa Homes was not Michele d'Arlin opposed to the moratorium but felt a survey should be conducted to determine where the 2000 foot boundary precisely falls. She also encouraged the continuance of development plan application processing during the moratorium. Dr. Lynn Goldman of the Department of Health Dr. Lynn Goldman Services stated several studies were currently going on and.within 4000 feet of the landfill odors and physical symptoms such as headaches and nausea have been noted. She noted the Department's hesitancy in exposing new residents to those symptoms, although':there is no evidence of increased levels of cancer. She noted support of the moratorium, although no data has been generated regarding a border zone. Ron Sloan Ron Sloan of Umark noted support of the 2000. foot boundary from the Class I dumping area and notifi- cation to new home buyers. He expressed concern with DOHS's inconclusive data to determine the border zone. David Lee David Lee, representing Taipen Yu, a property owner, supported the comments of the developers. Donald Bright of Bright.& Associates (environ- Donald Bright mental consultants) presented -a written report.and sum- marized as follows: there is no evidence of methane gas migrating to the north, there is no evidence of air con- tamination to the north, and the City needs to prepare a map for moratorium enforcement. Public_ Testimony Closed Mayor Shearer closed the public tesimony portion of the hearing and asked Community Services Director Mike Miller to respond to the comments. Staff Comments Mr. Miller stated that the ordinance addresses a 2000 foot boundary line from the original .Class I and II disposal areas where hazardous wastes have been deposited. This was the recommendation of the California Department of Health Services. Notification of homeowners and.renters beyond a 2000 foot radius would,be discussed in a report to council in the near future. A more accurate map of the moratorium area will be prepared with the assistance of DOHS. In regards to the disposal facility in the front of the landfill, he noted that it predates any classification of wastes and according to Federal and State agencies, contains no significant hazardous wastes. He noted staff has no inclination to modify the.recommendation to include only the hazardous waste disposal area. Council Comments Councilmember Tennant stated he would support the moratorium because it was required by DOHS and it is a temporary.state of affairs. He noted the unknown effects on health and the lack of hard data. He suggested DOHS act on the declaration for border zone. Councilmember.Bacon noted that he lives close to the landfill and did not smell any odors the previous week. He supported the adoption of the moratorium to comply with the request of DOHS. Councilmember Manners noted her support based on.the information regarding potential health problems from DOHS. Mayor Pro Tem Chappell noted that DOHS recommends a 2000 foot moratorium border but has no concrete evidence of health hazards. He supported staff's recommendation. He also noted that condominium values were lowered in the entire County of Los Angeles, not just around BKK. MINUTES May 27, 1986 Page Seven Mayor Shearer supported the moratorium as recommended by staff and noted the action was in response to DOHS . concerns. He felt the developers should .be.involved in designing the PHAP.. Staff should look into ways to inform potential.buyers or renters of existing homes and include • in the report to City,Council. . Mayor Shearer explained, personally, that the letter referred to earlier in the meeting, dated February 6, was specifically not drawn into the political arena of the election campaigns given the importance of the matter. City Attorney presented: ORDINANCE NO. 1720 - AN ORDINANCE OF THE CITY COUNCIL Urgency Ordinance 1720 - OF THE CITY OF WEST COVINA, CALIFORNIA., EXTENDING A extending residential MORATORIUM ON THE APPROVAL OF PERMITS FOR CERTAIN RESI- construction moratorium DENTIAL-TYPE USES ON SPECIFIED PROPERTIES WITHIN 2,000 FEET OF THE ORIGINAL CLASS I AND CLASS II DISPOSAL AREA AT THE BKK I,ANDFILL;.SAID.ORDINANCE TO BE ADOPTED AS AN URGENCY ORDINANCE PURSUANT TO SECTION 65858 OF.THE GOVERNMENT CODE Motion by Bacon, seconded by Manners, and unanimously carried to waive further reading of the ordinance. Motion by Tennant, seconded by Manners to adopt the urgency ordinance. Motion carried.by roll call vote: AYES: Tennant, Bacon, Manners, Chappell, Shearer NOES: None Motion by Manners, seconded by Tennant,'and unani- Ordinance introduced mously carried to waive further reading of:the ordinance. Motion by Chappell., seconded by Manners, and unanimously carried to introduce the ordinance as a regular ordinance. Motion by Chappell, seconded by Tennant, and unani- mously carried to direct staff to report to the City Council on other informational measures that could be' required for or provided to future occupants of resider tial units in balance of the original moratorium area, outside the 2,.000 foot radius in the ordinance extending the residential construction moratorium. Recess Mayor Shearer called a recess at 9:08 PM. Council re- convened at 9:20 PM and Mayor Shearer introduced Carl Johnson, Chief Operations Manager of the San Gabriel Valley Fire Authority. HEARING WEST COVINA CONSOLIDATED LANDSCAPING MAINTENANCE DISTRICTS NOS. 4, 6 AND 7 - 86/87 RENEWAL • City Clerk Mooney verified the affidavit of publica- Renewal of Landscape tion. Motion by Chappell, seconded by Bacon, and unani- Maintenance Districts mously carried to receive and file.the affidavit. Mayor Sheaer opened the hearing and City Engineer • Harry Thomas presented the staff report. City Clerk Mooney stated that no written objections No public testimony. or protests had been received. Mayor Shearer asked -for verbal protests or comments. No one addressed the City Council and the public portion of the hearing was closed. City Attorney presented: Resolution 7189 - RESOLUTION_NO. 7189 - A RESOLUTION OF THE CITY confirming Engineer's COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING. Report THE REPORT OF THE CITY ENGINEER DATED MAY 7,.1.986,. PRE- PARED PURSUANT TO RESOLUTION NO. 7157 AND APPROVED - 7 - MINUTES May 27, 1986 Page Eight is Consolidated Landscape PURSUANT TO RESOLUTION NO. 7178 OF SAID COUNCIL, AND THE Maintenance Dists. PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT (cont) CONTAINED IN SAID REPORT: ORDERING CERTAIN LANDSCAPING • MAINTENANCE RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1986 (West Covina Consolidated Landscaing Maintenance Districts Nos. 4, 6 and 7 - 86/87) Motion by Chappell, seconded by Bacon, and unani- mously carried to waive further reading of the resolution and to adopt. ORAL.COMMUNICATIONS Jean Arneson, 1116 Donna Beth, charged Mayor Shearer with deceiuing.the voters and invited Councilmember Bacon to visit her house anytime to smell the odors. MAYOR'S REPORTS Commission Appointments Mayor Shearer explained that any commissioner with an expiring term would have to be nominated as any other applicant. Human Resources Commission Mayor Shearer noted three terms expiring in June. Tlotion by Shearer, seconded by Chappell to nominate Katherine Heinz. Motion by Shearer, seconded by Manners to nominate Helene Siemack. Motion by Shearer, seconded by Manners to nominate Bill'Ruch. There being no further nominations, Mayor Shearer closed nominations. City Attorney presented: Resolution 7190 - RESOLUTION NO. 7190 - A RESOLUTION OF THE CITY reappointing Katherine COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Heinz, Helene Siemack, REAPPOINTING KATHERTNE HEINZ, HELENE SIEMACK., AND and Bill Ruch BILL RUCH.TO THE HUMAN RESOURCES COMMISSION Motion by Chappell, seconded. by Manners, and unanimously carried to waive further reading of the-resolution.and adopt. Personnel Commission Mayor Shearer noted there was one term expiring June, 1986. Motion by Shearer, seconded by Bacon to nominate Victoria Rabb. There being no further nominations, Mayor Shearer closed nominations. • City Attorney presented: Resolution 7191 - RESOLUTION NO. 7191 - A•RESOLUTION OF THE CITY reappointing Victoria COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Rabb REAPPOINTING VICTORIA RABB TO THE PERSONNEL • COMMISSION Motion by Chappell, seconded by Tennant, and unanimously carried to waive further reading of the resolution and adopt. Planning Commission Mayor Shearer noted there was one term expiring Nominations ians held open fin June.- Mayor Shearer nominated Vi Christopher forr Planning Commissioner and Councilmember Bacon nominated Russell Gordon. Councilmember Manners requested this appointment be held over with nominations open. - 8 - r � • C 11 MINUTES May 27, 1986 Page Nine Recreation and Parks Commission Mayor Shearer noted there were two terms expiring in June, 1986. Motion by Shearer, seconded by Manners to nominate Dorothy Dal Cerro. Motion by Shearer, seconded by Chappell to nominate Oliver Riggins. There being no further nominations,- Mayor Shearer closed nominations. City Attorney presented: Resolution 7192 - RESOLUTION NO. 7192 - A RESOLUTION OF THE CITY reappointing Dorothy COUNCIL OF THE CITY OF W EST COVINA, CALIFORNIA, Dal Cerro and Oliver REAPPOINTING DOROTIr DAL CERRO AND OLIVER RIGGINS Riggins TO THE RECREATION AND PARKS COMMISSION Motion by Chappell, seconded by Tennant and unanimously carried to waive further reading of the resolution and adopt. Transition/Waste.Management Commission: Mayor Shearer noted that there were terms expiring Nominations held open in June, 1986. 'Motion by Shearer, seconded by for Transition/Waste Manners to nominate 'Louis Gilbert. Motion by Management Commissioners Shearer, seconded by.Mannerst'o nominate Richard Lewis. Councilmember Tennant nominated Kathy Turnery., Mayor Shearer stated appointment to this rommission would be held over with the nominations open. City tile for Mayor Motion by Shearer, seconded by Bacon, and unanimously of Vancouver carried to approve a City tile for presentation to the Mayor.of Vancouver, British Columbia. A request was .received from Mayor Moses of Azusa for Mayor Moses of Azusa support in his bid for election to the County.Fire Commission. Motion by Manners, seconded by Tennant, and unanimously carried to authorize Chappell to review situation and vote appropriately. Mayor Shearer requested staff'to review the impact of Staff to review'.impact the recently qualified Gann initiative for the November of Gann initiative ballot. Councilmember Chappell Seconded the request, and the motion carried unanimously. COUNCILMEMBERS' REPORTS Councilmember Bacon referred to a request from the County of Santa Cruz for assistance and $2,000 to help block off -shore oil.development in concern of clean air. The Bacon letter was referred to staff. Manners Councilmember Manners proposed banning smoking in municipal facilities. After some comments by Council, motion by Bacon., seconded by Manners, and unanimously carried to refer the matter to staff for options and impacts for banning smoking in iriunicipal:.'fac'ili,ties.. Manners Councilmember Manners proposed the fireworks issue be reconsidered in light of the fire merger. She suggested, the matter be placed on the November ballot as advisory only or in the Recreation and Parks brochure. Three".. =meinbeis`:.opined.- -.thei'r'. opposition. - 9 - MINUTES r1 L.i May 27, 1986 Page -Ten Chappell Councilmember Chappell noted he would be attending the Contract Cities meeting as the LAFCO representative. • City Manager Fast City Manager Fast stated that a letter had been received from the West Covina Jaycees wherein .they were going to try to revive the Mt. Sac.Fireworks Show. ADJOURNMENT Motion by Tennant, seconded by Shearer, and unanimously carried to adjourn the meeting at 10:10 PM to 3:00 PM on June 2, 1986 in the Management Resource Center. • ATTEST: I/ I V'el"' ?Z, '! � �/ -� � City Clerk 41ttlzl— � Mayor -.10-