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04-23-1979 - Regular Meeting - Minutes11 • • M I_.N U T E.S REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 23, 1979 The regular meeting of the City Council was called to order at 7:30 P.M. by Mayor Chappell in the West Covina City Hall Council Chambers. The Pledge of Allegiance was led by Councilman Tice; invocation was given by Father.Bramble,of St. Christopher's Church, West Covina. ROLL CALL Present: Mayor Chappell, Mayor Pro Tem Browne, Councilmen Miller, Shearer, Tice Others Present: Fast, Calmes,,Terzian, Eliot, Miller, Thomas, Diaz, Keating, Volmert, Koniarsky, Paikoff, Salazar APPROVAL OF MINUTES April 9, 1979 Miller requested a correction to the Minutes on Page One deleting the words "signed by renters." Shearer moved and Browne seconded to approve the Minutes of the regular meeting of April 9, 1979, as corrected, and carried unanimously. CONSENT CALENDAR 1) Written Communication West Covina National Request permission to conduct a Jog-A-Thon at Del Little League Norte Park April 29, 1979. (Approve subject to staff review and recommendation) 2) Planning Commission Summary of Action -April 18, 1979 (Accept and file) 3) ABC Applications Gary Arlen McArthur dba McARTHUR'S RESTAURANT 19014 Canyon Drive 907 West Covina Parkway Villa Park Olga & Oscar Gonzales dba LIQUOR BARREL Jazmin Gray 1827 W. Badillo 13247 Acoro Place Cerritos, CA Victoria Station Inc. dba VICTORIA STATION Wood Island 3145 E. Garvey Avenue Larkspur, CA 4) Claims for Action Mario Zanelli a) Claims damages to vehicle alleging struck by police 711 Carmencita Drive vehicle at West Covina Parkway and Glendora on West Covina 2/27/79. (Deny and claimant to be so notified) CITY COUNCIL April 23, 1979 Consent Calendar (Cont) Page Two Sally Block, b) Claims bodily injury and property damage regarding Betty Campbell, a motorcycle action on 12/11/78. (Deny and claimant Patrick Flynn to be so notified) Fred Gratz c) Claims property -damage alleging flooding on 2/3/79. 1846 Broadmoor Avenue (Deny and Claimant to be so notified) 5) Acceptance of Improvements and/or Release of Bonds Tract No. 33271. Location: Bernadette Court, Amanda St. and Cynthia Covington Bros. Court. Staff recommends accepting street, sewer, water, storm drain and street lighting improvements and authorize release of Faithful Performance Bond in the amount of $181,100. Tract No. 32769 Location: North of Amar,.Road, east of Azusa Avenue. Monument Bond Staff recommends release of Faithful Performance Bond in the amount of $410. 6) Traffic Committee Minutes Traffic Committee Meeting of April 17, 1979. (Accept and file) 7) City Treasurer Report for the Month of March, 1979.(Receive and file) CONSENT CALENDAR MOTION Motion by Browne; seconded by Shearer to approve Items .1 through 7 on the Consent Calendar, as recommended by staff, and carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell NOES: None ORAL COMMUNICATIONS CITY ATTORNEY Child Protection Act Carmen Trujillo, 1555 N. Central Avenue, South El Monte, requested the item of "Child Protection Act," scheduled under the City Attorney's Agenda, be heard earlier in the meeting. Mayor Chappell answered in the affirmative. There being no other citizens wishing to speak under ORAL COMMUNICATIONS, Mayor Chappell closed ORAL COMMUNI- CATIONS. Mayor Chappell stated Council would consider the matter of the "Child Protection Act" at this time. Acting City.Attorney Richard Terzian summarized the findings in a report prepared by Colin Lennard, the City Attorney. He stated that in the opinion of the City Attorney, State law preempts legislation proposed at the city level. With respect to this particular subject, the State has adopted a great deal of legislation regulating the medical procedure of abortions. - 2 - • • CITY COUNCIL April 23, 1979 City Attorney (Cont) Page Three Mayor Chappell suggested that the proper place to initiate further legislation would be either at the County or State level. Councilman Miller requested further clarification, as he felt there was a possibility of enacting an enforce- able ordinance and referred to the California Constitution and the Government Code. Discussion ensued. Motion by Tice, seconded by Shearer to receive and file the City Attorney's.Report. Motion carried by roll call vote: AYES: Tice, Shearer, Browne, Chappell NOES:: Mill.er PRESENTATION Mayor Chappell proclaimed the month of May as "PARLIA- MENTARY LAW MONTH" and VIETNAM ERA VETERAN'S MONTH" Parliamentary Law Month and presented the proclamation to Col. James Cordell and of the Disabled Veterans. Vietnam Era Veteran's Col. Cordell expressed his gratitude for the procla- Month mations presented to the Vietnam Veterans, both at this meeting and the last Council meeting of April 9, 1979. The Right To Life group approached Council requesting another opportunity to present their subject to Council. After lengthy discussion, the request was denied. Mayor Chappell called a recess at 8:10 P.M. Council reconvened at 8:15 P.M. with all members present. HEARINGS The first four public hearings involved pre -annexation zone changes. Diaz addressed Council with a slide presentation accompanying his staff report -re the zone changes. 1) ZONE CHANGE NO. 538 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT City Initiated Zone Change No. 538 Location: Generally south of Cortez, west and east of City boundary, south of Cameron Avenue, east of South HIlls Country Club and west of Los Cerrillos. Mayor Chappell opened the hearing for public input. No one wished to be heard re this matter. Mayor Chappell closed the public portion of the hearing. City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Pre -zone Change No. 538 - City of West Covina) Motion by Shearer, seconded by Browne and unani- mously carried to waive further reading of the ordinance. Motion by Shearer, seconded by Browne and unani- Ordinance introduced mously carried to introduce the ordinance. - 3 - 0 • CITY COUNCIL April 23, 1979 Hearings .(Cont) Page Four 2) ZONE CHANGE NO. 539 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Citv Initiated Zone Change No. 539 Location: Generally west of Grand Avenue, north of Cortez, and south of Acridge Drive. Mayor Chappell opened the hearing for public input. No one wished to be heard on this matter. Mayor Chappell closed the public portion of the hearing. City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Pre -zone Change No. 539 -City of West Covina) Motion by Tice, seconded by Browne, and carried unanimously to waive further reading of the ordinance: Motion by Tice, seconded by Browne, and carried Ordinance introduced unanimously to introduce the ordinance. 3) ZONE CHANGE NO. 540 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT City Initiated Zone Change No. 540 Location: Generally located on the south side of Cortez, north of Charlinda, east of Charvers and west of the easterly City boundary. Mayor Chappell opened the hearing for public input. There was no one wishing to be heard re this matter. Mayor Chappell closed the public portion of the hearing. City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Pre -zone Change No. 540 - City of West Covina) Motion by Browne, seconded by Tice and carried unanimously to�waive further reading of the ordinance. Motion by Browne, seconded by Tice and carried Ordinance introduced unanimously to introduce the ordinance. 4) ZONE CHANGE NO. 541 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT City Initiated Zone Change No. 541 Location: Generally located south of Vine, west of South Hills Country Club, east of City boundary, north of Sandy Hill Drive. City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Pre -zone Change No. 541 - City of West Covina) Motion by Browne, seconded by Shearer and unani- mously carried to waive further reading of the ordinance. Motion by Browne, seconded by Shearer and unani- Ordinance introduced mously carried to introduce the ordinance. - 4 - CITY COUNCIL April 23, 1979 Hearings (Cont) Page Five 5) ZONE CHANGE NO. 535 PRECISE PLAN OF DESIGN NO. 727 . NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Thomas L. Safran Zone Change No. 535 Location: Valley Boulevard between Nogales Street Precise Plan of Design 727 and Sentous Avenue Diaz presented the staff report accompanied by slides of the site. Mayor Chappell opened the hearing for public input. Mr. Petrol Panagapolous, associate of the appli- cant informed Council that he was available to answer any questions concerning the development. There being no other persons interested in addres- sing Council, Mayor Chappell closed the public portion of the hearing. City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN OF DESIGN NO. 727 AND CERTIFICATION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Motion by Browne, seconded by Tice to waive further reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5900 NOES: None City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING.THE OFFICIAL ZONING MAP (Zone Change No. 535 - Thomas L. Safran) Motion by Browne, seconded by Shearer and unani- mously carried to waive further reading of the ordinance. Motion by Browne, seconded by Shearer and unani- Ordinance introduced mously carried to dntroduce the ordinance. 6) BURGLAR ALARM MANAGEMENT Informal Public Hearing Burglar Alarm Management Communications Directort,Jack Keating addressed Council relating the findings of the staff report. Council expressed some concern about placing the City Manager in the position of making the final "political type" decision on appeals. Fast explained that the decisions_ar.e administrative in nature, there is a need to make rapid decisions and currently the police chief makes this type of decision. He suggested that we try the proposed approach, monitor the results • and give copies of the appeal decisions to the City Council. We can change the appeal process inthe future if necessary. Motion by Tice, seconded by Browne, and unanimously carried to approve (a) a three-year Agreement with Pro Systems, Inc., Los Alamitos, California, for the Pro Systems, Inc. Agreement installation and maintenance of a burglar alarm monitor - 5 - CITY COUNCIL Hearings (Cont) April 23, 1979 Page Six panel in the Communications Center, and (b) to require all subscribers connected to the new ,panel to execute an Indemnity Agreement as a prerequisite for connection Indemnity Agreement to the panel. City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING A NEW CHAPTER 6 TO ARTICLE III OF THE WEST COVINA MUNICIPAL CODE RELATING TO ALARM SYSTEMS Motion by Shearer, seconded by Browne and unani- mously carried to waive further reading of the ordinance. Motion by Shearer, seconded by Browne and unani- Ordinance introduced mously carried to introduce the ordinance. AWARD OF BID PROJECT NO. SP-79004 - STREET MAINTENANCE PROGRAM Street Maintenance Location: Citywide Contract Council reviewed Engineer's Report. Motion my Shearer, seconded by Browne to accept the bid of Sully -Miller Construction Company, Long Beach, in the amount of $189,842.30 and authorize the Mayor and City Clerk to execute an agreement for the project. Sully -Miller Construc- Motion carried by roll call vote: tion Co., Long Beach AYES: Miller, Tice, Shearer, Browne, Chappell NOES: None PUBLIC WORKS 1) FUTURE REVENUE PROGRAM OF THE SANITATION DISTRICTS OF LOS ANGELES COUNTY (Informational) Revenue Program of Location: Citywide Sanitation Districts Council reviewed Engineer's Report. Motion by Shearer, seconded by Tice and unanimously Received and filed carried to -receive and file the Engineer's Report. 2) CITY SEWER STANDBY AND AVAILABILITY CHARGES City Sewer Standby & Location: Citywide Availability Charges Council reviewed Engineer's Report. City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5756 ESTABLISHING A CHARGE FOR SEWER SERVICES AND MAIN- TENANCES Motion by Shearer, seconded by Browne to waive further reading of the resolution and to adopt. Motion carried by roll call vote: . Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5901 NOES: None 3) AGREEMENT WITH WESTERN UNION FOR THE PLACEMENT OF OVERHEAD LINES ON EXISTING POLES Western Union Agreement - Location: Sunset, Merced, California & Service Avenues Placement of Overhead Lines Council reviewed Engineer's Report. CITY COUNCIL April 23, 1979 Public Works (Cont) Page Seven City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST • COVINA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR THE PLACEMENT OF OVERHEAD COMMUNICATIONS LINES ON EXISTING POLES AND SURETY BOND TO SECURE THE SAME Motion by Browne, seconded by Tice to waive further reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5902 NOES: None 4) TRANSFER OF FUNDS FROM MAINTENANCE DISTRICT NO. 4 AND THE SEWER SERVICE AND AVAILABILITY CHARGES Transfer -of. -funds- Location: Citywide from Maintenance Council reviewed Engineer's Report. District No. 4 Motion by Shearer, seconded by Tice to approve staff's recommendation to transfer and appropriate funds in accordance wi.th the staff report. Motion carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell Transfer approved NOES: None 5) SP-79009 - STREET SIGNING PROGRAM - SUPPLEMENTAL AGREEMENT SP-79009 Location: Citywide Street Signing Program Council reviewed Engineer's Report. Supplemental Agreement City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUPPLEMENT NO. 5 TO LOCAL AGENCY -STATE AGREEMENT NO. 07-5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME Motion by Shearer, seconded by Browne to waive further_ reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5903 NOES: None 6) TRACT NO. 35602 - ACCEPT FINAL MAP - BENSON & BUCCOLA Tract No. 35602 Location: North side of Vine Avenue, between Craig Accept Final Map and Glendora Benson & Buccola Council reviewed Engineer's Report. City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP OF TRACT 35602 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME Motion by Browne, seconded by Tice to waive further reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5904 NOES: None - 7 - CITY COUNCIL April 23, 1979 Public Works (Cont) Page Eight 7) PRECISE PLAN 719 - ACCEPT GRANT DEED - LEROY M. SCHAUB • Precise Plan 719 Location: East side of Glendora Avenue between Merced Accept Grant Deed Avenue and Merced Place Leroy M. Schaub Council reviewed Engineer's Report. City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A GRANT DEED EXECUTED BY LEROY M. SCHAUB AND DIRECTING THE RECORDATION THEREOF Motion by Browne, seconded by Tice to waive further reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5905 NOES: None 8) PROJECT NO. SP-79004 - RESURFACING Project No. SP-79004 Location: Nogales Street, from Valley Boulevard to Resurfacing 1270 feet north of La Puente Road Council reviewed Engineer's Report. City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA', CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF NOGALES STREET WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES Motion by Tice, seconded by Browne to waive further reading of the resolution and to adopt. Motion carried by roll call vote: Adoption of AYES: Miller, Tice, Shearer, Browne, Chappell Resolution No. 5906 NOES: None COMMISSIONS, BOARDS, AND DEPARTMENTAL ITEMS HUMAN RESOURCES DEPARTMENT 1) '.Mid-Valley'Tr.anspor.tation Service Mid -Valley Transpor- Staff report was presented by Fast. tation Service Motion by Tice, seconded by Browne and unanimously carried to receive and file the staff report. PERSONNEL DEPARTMENT 1) Request for Leave of Absence Leave of Absence Motion by Shearer, seconded by Browne, and unanimously carried to approve the request for a Leave of Absence for Loretta Lupica in. the Communications Department. Recess for Mayor Chappell called a recess at 9:25 P.M. for the Redevelopment Agency purpose of conducting the Redevelopment Agency Meeting. City Council reconvened at 9:30 P.M. with all members present. - 8 - CITY COUNCIL April 23, 1979 Page Nine CITY MANAGER 1) San Gabriel Valley Tribune - Achievement Edition • Achievement Edition - Fast presented the staff report. Discussion followed. Tribune Council determined that the Achievement Edition was an appropriate and cost effective way to inform res- idents of the activities of the city. Motion by Tice, seconded by Shearer to approve participation in the Tribune's annual "Achievement Edition: and allow up to $1,000 for the project. Motion carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell Participation approved NOES: None 2) Regional Planning Board request for matching funds/ Criminal Justice Planning Regional Planning Board Fast presented the staff report. request for matching Motion by Browne, seconded by Tice to approve funds staff's recommendation of authorizing the expenditure of $927.00 as West Covina's share for the Regional Criminal Justice Planning Board's administration of Juvenile Justice and Delinquency Prevention funds. Motion carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell Request approved NOES: None 3) Legislation Fast summarized proposed legislation. Motion by Tice, seconded by Shearer and unanimously carried to approve staff's recommendation re the pro- posed legislation and authorize the Mayor to corres- pond with the appropriate legislators. MAYOR'S REPORTS 1) Proclamation West Covina Beautiful Mayor Chappell proclaimed the month of May as Month "WEST COVINA BEAUTIFUL MONTH" 2) Appointments to Commissions and Boards were approved: April, May, and June, 1979 Personnel Board Planning Commission Recreation & Parks Com. Human Resources Commission Annual Appointments East San Gabriel Planning Com. • SCAG League of California Cities Rapid Transit Civil Defense Planning Board Sanitation District Board Independent Cities USGVMWD Regional Library Council Representative Miller Shearer Browne Tice Representative Alternate Browne Chappell Shearer Browne Chappell Browne Shearer Tice Fast Chappell Browne Miller Chappell Browne Tice Grein CITY COUNCIL Mayor's- Reports (Cont) Annual Appointments Representative Mid -Valley Mental Health Council Tice/Shearer East San Gabriel .Valley Consortium Chappell Chamber of Commerce Chappell/Browne San Gabriel Valley Animal Control Authority Browne 3) Resolutions of Commendation April 23, 1979 Page Ten Alternate Browne Tice Full Council Bill Freemon of the San Motion by Tice, seconded by Shearer to approve a Gabriel Valley Tribune permaplaqued Resolution of Commendation for Bill Freemon of the San Gabriel Valley Tribune for his outstanding contribution to the citizens of West Covina, and carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell NOES: None Harriet Frizelle, Motion by Tice, seconded by Miller to approve a Reso- President of Ridgewood lution of Commendation for Harriet Frizelle, founder Development, Inc. and President of Ridgewood Development Inc. (Mrs. Frizelle is being honored by the Construction Industry Alliance for the City of Hope as Woman of the Year.) Motion carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell NOES: None COUNCILMEN'S REPORTS/COMMENTS Council:man.Tice':announced that the L.A. Rams Basketball Team will play the 7-11 Allstars at Edgewood High School on April 27, 1979. All proceeds to go to the Muscular Dystrophy Association. APPROVAL OF DEMANDS Mayor Chappell appointed Browne and Shearer to serve on the Audit Committee during the next year. Motion by Browne, seconded by Shearer to approve Demands totalling $1,283,038.76 as listed on two bank registers: UCB 72998 and 73231. Motion carried by roll call vote: AYES: Miller, Tice, Shearer, Browne, Chappell NOES: None Executive Session Mayor Chappell called a recess at 9:50 P.M. for the pur- pose of holding an Executive Session. Council reconvened at 10:32 P.M. with all members present. Condemnation Proceedings Motion by Tice, seconded by Browne to direct the City Attorney and staff to initiate condemnation proceedings for the vacant property located on the south side of West Covina Parkway between California and Vincent, and carried unanimously. ADJOURNMENT Motion by Tice, seconded by Shearer, and unanimously car- ried to adjourn the meeting at 10:33 P.M. NEW ATTEST: h yor Kenneth I. Chappe 1 ity Clerk.Yvonne Calmes - 10 -