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03-23-1981 - Regular Meeting - MinutesCJ E • M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA March 23, 1981 The reaular meeting of the City Council of the City of West Covina, California, was called to order by Mayor Shearer at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, best Covina, California. The Pledge of Allegiance was led by Councilman Tennant and the invocation was given by Rabbi Nattiv of Temple Sha- lom, blest Covina. ROLL CALL Present: Mayor Shearer, Mayor Pro Tem Tice, Councilmembers Tennant, Bacon and Chappell Others Present: Mooney, Fast, Lennard, Miller., Thomas, Eliot, Meacham, Fowler, McClelland, Pryor, Hunter, Bonaparte, Stevens, Salazar, Southard, Keating, Berry APPROVAL OF MINUTES Motion by Chappell, seconded by Tice, and unanimously car- ried to approve the Minutes for the Joint Adjourned Meeting with the Covina City Council of February 10, 1981, and the Minutes for the Adjourned Requla' Meeting of March 2, 1981. PRESENTATIONS Mayor Shearer presented -a permaplaqued Resolution of Cpm- mendation to Walter Laband in appreciation of his long and dedicated tenure `of fourteen years on the Civic Center Walter Laband Authority Board. Mayor Shearer presented Dan Aznoff, reporter for the East San Gabriel Valley Tribune,a resol-ution of commendation for his accurate reporting of City happenings. Aznoff has Dan Aznoff accepted a position in Northern California. Judy Butz, president of the West Covina City Employees Fed- eral Credit Union, presented a plaque to the City for the support and cooperation given to the credit union by the City for the past twenty-five years. The Mayor accented West Covina Credit Union the plaque in behalf of the City of blest Covina. CONSENT CALENDAR Written Communications Request to hold a -circus. at the Eastland Shopping Mall from Circus Vargas March 30 through April 2, 1981. (staff recommends approval) Request to conduct a parade on April 11, 1981 beq"inninn at Friendship Park and ending at Morganfield and Cansboro. Galaxie Little League (staff recommends approval) Compliance Inspection Report for the month of February re BKK landfill received from the California Regional 'later Water Control Board Quality Control Board, Los Angeles Region. (receive & file) Communication requesting the City to study the zoning and W.C. Chamber of Commerce land use on South Glendora Avenue. (refer to staff) Communication requesting the City to officially recognize crime prevention as a number one priority in blest Covina. W.C. Chamber of Commerce (receive & file) Request for a six year extension of the current contract W.C. Disposal Company with the City of West Covina. (refer to staff) Planning Commission Summary of Action for March 18, 1981 (accept and file) -1- • CITY COUNCIL MINUTES March 23, 1981 Page Three ABC Applications (Chief of Police reports no legal basis for protest) Drew Patrick McConaughy dba McCONAUGHY'S 736 Second Street 313 N. Azusa Avenue Covina, CA 91723 West Covina, CA 91791 Acceptances of Improvements and/or Release of Bonds SP 81013-1 Location: Shirlee Street, southerly of Samantha CROWELL &.LARSON Staff recommends accepting street improvements and releasing Faithful Performance Bond for $29,150.28, subject to Notice of Completion procedures. TS 78003-2 Location: Various, thoughout the city STEINY & CO. Staff recommmends accepting traffic signal installations as completed and -releasing Faithful Performance Bond for $465,000. TRACT 37292 Location: Southeast quadrant of Aroma Drive and Donna Beth ANDEN CORPORATION Staff recommends acknowledging completion of rough grading and reducing the Faithful Performance Bond to $33,000. Precise Plan 736 Location: 2433 East Garvey Avenue North M.I..M. CONSTRUCTION CO'. Staff recommends accepting.public works improvements and .grading and releasing the Cash Deposit of $800. Traffic. Committee Minutes Minutes of the regular meeting held March 17, 1981. (receive & file)' Traff,.ic_Committee Ann Chase, 1806 Leewood Street, requested Council to with - Minutes - Item 6 draw Item 6 of the,Traffic Committee Minutes off the Consent Calendar for discussion. Motion by Chappell, seconded by Tennant to approve all items listed on the Consent Calendar with the exception of the 6th item of the Traffic Committee Minutes. Motion car- ried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer CONSENT CALENDAR MOTION NOES: None A clown from Circus Vargas thanked Council for having the circus at the Eastland Shopping Mall and wished everyone a good time at .the circus. Traffic Committee Ann Chase addressed Council and stated she felt the traf- Minutes - Item 6 fic signal request for the corner of Merced and Orange was too•important an item to be placed in the five-year Capital Improvement Program. She feared the signal would not be installed soon enough, if at all. Mayor Shearer explained the process of request for traf- fi.c signals and the funding for the projects. He said it would be given proper consideration at the public hearing concerning capital improvement projects, which would be sometime ip June during the City's budgetary process. Motion by Chappell, seconded by Tennant to approve the staff's recommendation to place the request within the five- year capital - improvement plan. It was noted that Chase could again address Council re the traffic signal at the public hearing. Motion carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer END OF CONSENT CALENDAR NOES: None - 2 - CITY COUNCIL MINUTES March 23, 1981 Page Three ORAL COMMUNICATIONS Pauletta Caputo, 1813 Leewood Street, requested the • priority sidewalk program be reinstated in the City's Capital Improvement Program for fiscal year 1981-82, and the con- struction of a sidewalk on the west side of Orange Avenue, between Cameron and Merced, be one of the first projects Pauletta Caputo to be undertaken. Mayor Shearer instructed staff to place the request on the list for the capital improvement projects for Council consideration-. Betty Joyce, 1509 Delhaven Drive, referred to an article in.the newspapers re a $239,000 parkland bond allocation to the City of West Covina. She asked how it -would be allocated and if the citizens would have a chance to speak re the Betty Joyce allocation. Mayor Shearer stated that Council had taken action on the item at the last regular council meeting and requester? staff .to forward a copy of that previous action.to Joyce. Jerry Miller, 320S. Citrus Avenue, addressed Council re Jerry Miller the result of.the East San Gabriel Valley Consortium audit. Councilman Chappell stated that the audit was not yet com- plete, but that when it is he would bring the matter to Council for discussion. .(Chappell spoke. i n .hi's. c naci ty : a.s. ORAL COMMUNICATIONS Ch'airman'of-the E.S.G.V. Consortium.) CLOSED • AWARD OF BID 1) TS 81005-2 - CAMERON PEDESTRIAN SIGNAL TS 81005-2 Location: Cameron Avenue, west of Glendora Council reviewed staff's report. Motion by Chappell, seconded by Tice, and unanimously carried to hold over the contract award until the next regular City Council meeting, April 13, 1981. "PUBLIC WORKS 1) WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 7 (1981-82) Location: South of Cameron, west of Grand Council reviewed Engineer's Report. Landscape Maintenance City Attorney presented: District No. 7 RESOLUTION NO. 6294 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY_OF 4EST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE 14ITH ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING Ar,!P !.?rH.TTn,1G ACT OF 1972", BEING DIVISION 15, STREETS AND CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATIO"!. OF L.AND- SCAPING AND THE MAINTENANCE THEREOF IN THE CITY OF !!EST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1981 AND ENDING JUNE 30, 1982 14EST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 7 (81-82) • Motion by Chappell, seconded by Tennant, a.n� ur.;.ni- Adoption of mously carried to waive further reading of the resolution Resolution No. 6294 and to adopt. 2) SOUTH SUNSET AVENUE TRIANGLE - INTENT TO VACATE A POIRTION OF SOUTH SUNSET AVENUE Vacate South Sunset Ave. Location: East of Sunset Avenue, south of Sunset Place Council reviewed Engineer's Report. • • CITY COUNCIL MINUTES March 23, 1981 Page Four South Sunset Ave. City Attorney presented: vacation (cont) RESOLUTION NO.'6295 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF !NEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A CERTAIN PORTION OF SOUTH SUNSET AVE- NUE, SUBJECT TO THE RESERVATION AND EXCEPTION OF CFR.TAIN RIGHTS AND EASEMENTS Motion by Chappell, seconded by Tennant, and unani Adoption of mously carried to waive further reading of the resolution Resolution No. 6295 and to adopt. 3) SUPPLEMENTAL APPROPRIATION FOR GALSTER PARK OPENING Location: Galster Park Council reviewed Engineer's Report. Reopening Galster Park Motion by Chappell, seconded by Tice to authorize the appropriations transfer of $9,000 from the Unappropriated General Fund balance to Account 853. Motion carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None It was noted that the Galster Foundation presented a check for $29,000 to cover the cost of reopening the park. City Manager Fast stated the upper portion of the nark would be unaccessible during the construction of the Arcr:!a Connector. 4) ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PROPERTY OWNED BY QUEEN OF THE VALLEY HOSPITAL Location: North of Merced, west of Sunset Council reviewed Enai.neer's Report. Parking resolution for City Attorney presented: Queen of the Valley RESOLUTION NO. 6296 - A RESOLUTION OF THE CITY COUNCIL Hospital OF THE CITY OF NEST COVINA, CALIFORNIA, REGULATING ARID CON- TROLLING PRIVATE ROADS NOT OPEN FOR PUBLIC USE ►WITHIN PROPERTY OWNED BY QUEEN OF THE VALLEY HOSPITAL Motion by Chappell, seconded by Tice, and unan-imously Adopt ion of carried to waive further reading of the resol!.!tion and to Resolution No. 6296 adopt. 5) TS 81026 SUNSET/BADILLO SIGNAL MODIFICATIONS SUPPLEMEIIT NO. 11 TO THE LOCAL AGENCY STATE AGREEMENT Location: 'Sunset and Badillo Council reviewed Engineer's Report. Supplement No. 11 to City Attorney presented: Local Agency Agreement RESOLUTION NO. 6297 - A RESOLUTION OF THE CITY COUNCIL (traffic signal) OF THE CITY OF I -JEST COVINA, CALIFORNIA, APPROVING SUPPLE- MENT NO.- 11 TO THE LOCAL AGENCY STATE AGREEMENT NO. 07- 5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 11 Notion,by Tice, seconded by Chappell, and unanimously Adoption of carried to waive further reading of the resolution and to Resolution No. 6297 adopt. 6) SP 81027 - NOGALES CHANNELIZATION - SUPPLEMENT NO. 12 TO THE LOCAL AGENCY STATE AGREEMENT Supplement No. 12 Location: Nogales, north of Valley Boulevard Council reviewed Engineer's Report. - 4 - CITY COUNCIL MINUTES March 23, 1981 Page Five • Supplement No. 12 to 6) continued Local Agency State„- City Attorney presented: Agreement (street RESOLUTION NO. 6298 - A RESOLUTION OF THE CITY COUNCIL project) OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUPPLE- MENT NO. 12 TO THE LOCAL AGENCY STATE AGREEMENT NO. 07- 5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 12 Motion by Tennant, seconded by Chappell, and una.ni- Adoption of mously carried to waive further reading of the resolution Resolution No. 6298 and to adopt. COMMISSIONS AND DEPARTMENTAL ITEMS 1) DEVELOPMENT SERVICES CITY CONSTRUCTION ACTIVITY SUMMARY - INFORMATIONAL City construction summary Council reviewed staff's report. Motion by Tice, seconded by Tennant, and unanimously carried to receive and file the informational report. 2) EAST SAN GABRIEL VALLEY CONSORTIUM - TRANSPORTATION PROGRAM Council reviewed staff's report. East San Gabriel Valley As Chairman of the E.S.G.V. Consortium, Councilman Consortium - trans- Chappell outlined the purpose of the program, intended portation program charges, and the four cities proposed to be coordinated within the program. Sal Valasquez, Director of the E.S.G.V. Consortium, addressed Council re the proposed funding for the program. and noted that the program was in the developmental stages. Lengthy discussion followed re future funding, re- cipients of the program, and the concept of the Consortium getting into a transportation program. Motion by Chappell, seconded by Bacon, and unanimously carried to hold over the.item until Sal Valasquez can present Council with a comprehensive report of the entire program. Mayor Shearer requested Councilman Chappell to look into the possibility of scheduling a study session between the Consortium and the City Council. HEARINGS 1) AD 80-1 PROSPERO DRIVE ASSESSMENT DISTRICT - DEBT LIMIT REPORT PUBLIC HEARING AD 80-1 Debt Limit Location: East of Barranca, north of Cameron Avenue. Report . The staff report was presented by City Engineer Harry Thomas. No public testimony Mayor Shearer asked if any of the property owners wished to make oral protests. No one addressed Council. Motion by Chappell,seconded by Tice, and unanimously car- ried to close the public portion of the hearing,.. City Attorney presented: RESOLUTION NO. 6299 - :A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ICIEST COVINA, CALIFORNIA, MAKING FINDING OF FEASIBILITY OF ACQUISITION OF NECESSARY RIGHTS-9F-!-!AY AND CONSTRUCTION OF A STREET, CURBS AND GUTTERS, STREET WIDENING, INSTALL SE14ER IN STREET AND EASEMENT, INSTALL STREET LIGHTING IN ASSESSMENT DISTRICT NO. AD 80-1 Motion by Chappell, seconded by Tice, and unanimously Adoption of carried to waive further reading of the resolution and Resolution No. 6299 to adopt. _ 5- _... LJ n LJ CITY COUNCIL MINUTES March 23, 1981 Page Six HEARINGS 2) AD'80-1 PROSPERO DRIVE ASSESSMENT DISTRICT - RESOLUTION OF INTENTION No public testimony Neg. Dec. continued to 4/27 Location: East of Barranca, north of'Cameron Avenue. Staff report was presented by.Harry Thomas. Mayor Shearer asked if any of the property owners wished to address Council on the matter. No one spoke. Motion by Chappell, seconded by Tice, and.:unanimously car- ried to close the public portion of the hearing. Motion by Chappell, seconded by Tice, and unanimously carried to close the hearing on Resolution of Intention No. 6223, but continue the portion re the Negative Dec- laration of Environmental Impact until April 27, 1981. City Attorney presented: Resolution No. 6300 - RESOLUTION NO. 6300 - A RESOLUTION OF THE CITY COUNCIL rescinding Reso. 6223 OF THE CITY OF ICIEST COVINA, CALFORNIA, RESCINDING RESO- LUTION OF INTENTION NO. 6223, l-WHICH SAID RESOLUTION PER- TAINS TO THE IMPROVEMENT OF PROSPERO CRIVE (AD 80-1) Resolution No. 6301 - RESOLUTION NO. 6301 - A RESOLUTION OF THE CITY COUNCIL rejecting bids OF THE CITY OF WEST COVINA, CALIFORNIA, REJECTING THE BIDS FOR THE IMPROVEMENT OF PROSPERO DRIVE AND CERTAIN EASE- MENTS (AD 80-1) Resolution No. 6302 -• RESOLUTION NO. 6302 - A RESOLUTION OF THE CITY COUNCIL declaring the intenticn OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO IMPROVE PROSPERO DRIVE AND CERTA IN EA.SEPiENTS IN THE CITY OF WEST'COVINA DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING. THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE,EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 80-1) Resolution No. 6303 - RESOLUTION NO.,6303 - A RESOLUTION OF THE CITY COUNCIL liquidated damages OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THAT LIQUIDATED DAMAGES SHOULD BE PAID (AD 80-1) Resolution No. 6304 -- RESOLUTION NO. 6304 - A RESOLUTION OF THE CITY COUNCIL notice inviting bids OF THE CITY OF WEST COVINA, CALIFORNIA, DIRECTING THE CITY CLERK OF SAID CITY TO POST AND PUBLISH THE NOTICE INVITING BIDS AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT NEXT REGULAR MEETING OF THE CITY COUNCIL (AD 80-1) Resolution No. 6305 - RESOLUTION NO. 6305 - A RESOLUTION OF THE CITY COUNCIL waiving payment OF THE CITY OF.WEST COVINA, CALIFORNIA, WAIVING THE PAYMENT IN ADVANCE OF ALL THE INCIDENTAL EXPENSES AND ACQUISITION COSTS IN CONNECTION HITH ASSESSMENT DISTRICT NO. AD 80-1 (PROSPERO DRIVE AND CERTAIN EASEMENTS) Motion by Chappell, seconded by Bacon, and unani- Adoption of mously carried to waive further reading of the foregoing foregoing resolutions resolutions and to adopt. 3) PRECISE PLAN NO. 746 AND ENVIRONMENTAL IMPACT REPORT NO.-1980-1 Location: Aroma Drive, approximately 800 feet east of Donna Beth, north of Galster Park (VERBATIM TRANSCRIPTION) Shearer: The public hearing was held two weeks ago. The matter was referred back to staff for some, hopefully, further input on Precise Plan No. 746 and EIR No. 1980-1. We would now like to hear from staff with regard to the latest revisions to the plan as well as comments on items that were 6 - CITY COUNCIL MINUTES March 23, 1981 Page Seven covered under the hearing with regard to the EIR. Mr. Fast, who will handle this. Fast: Mr. Miller will give the staff report, Mr. Mayor. Miller: Mr. Mayor and Council, the items that were referred back to the City staff at your last meeting included the recreation facilities and com- pare those - the tot l'ot, the pool size, and so on - to'those of other projects in the community. Secondly, examine the precise plan to attempt to locate some parking outside the security gate. And, thirdly, provide more information on the security system. We.have reviewed the latest proposal by the developer which includes a swimming pool,in excess of 800 sq. feet -in fact it's 820 sq. feet. - and two tot lots. And behind me on the board, there is a precise plan that locates where the swimming pool and the tot lots will be in the development. Comparing these to other developments in the City, par- ticularly the family style developments,The Family Tree and Daisy Development on south Sunset, we find that the swimming pool size is comparable.or almost identical as it relates to the number of bedrooms in that project vs. this project. Secondly, the number of tot lots falls well within the' average range for tot lots in these projects also. The precise plan was modified by the developer to provide four guest parking spaces outside of the security gate located at the southwest portion of the project. In addition, they distributed the quest parking on'site to more conveniently provide access to all units in the project. • The.third item, the security system. The security system will primar- ily -consist of a card sy.stem.for the tenants, backed up by a numerical code system that could be used by the visitors to this project. Con- sequently, if a visitor were to arrive they would not have to contact the manager. All they would have to have is the numerical code to pro- vide access through the security gate and into the building area. Based on the revisions that have been made by the developer, we find this project to be substantially comparable to the other projects in the City and would support the precise plan, the recommendation originally .made to the City Council. Relative to any comments that need to be provided as rebuttal to comments made on the EIR, there are very few. Among these are those mentioned by Mr. Achstatter in=a letter submitted to the City Council regarding the hours of construction. He suggested the hours of construction be limited to the hours of 7:00 AM to 8:00 PM. The Code in the City of West Covina provides 6:00 AM to 7:00 PM. In essence, the Code does provides this protection and for all intents and purposes most projects are shut down by that period,of time, anyway. However, the condition could be added by the City Council as a condition of approval. Rodent control during construction. This is an item that always effects an undeveloped area, particularlyduring the grading operation. This is within the purview of the County Health Department, and, if the City Council so chose, they could require a condition that the County Health Department be contacted and a rodent control plan be developed by the developer. It is not a normal requirement of the City of blest Covina. Relative to the early construction of the pool and the early construc- tion of the wall mentioned by Mr. Michael Jenkins, both these items would be addressed;at such time as the construction got under way and they would be required..to be in place prior to the occupancy of any dwelling unit. - 7 - CITY COUNCIL MIINUTES March 23, 1981 Page Eight The'only other item mentioned during the public hearing was the • energy conservation. Energy conservation concerns expressed by that individual would be addressed during the course of reviewing the pro- ject building plans. The development must comply with the energy requlations in the Uniform Building Code and other codes required by the State.of California. Such compliance is required for all multi- family residential projects in the City of West Covina. Based on this information, staff would recommend that the City Council approve the precise plan, including the revision.to the guest parking location requirements for two tot lots and a pool in excess of 800 sq. feet, and certify the environmental impact report. Are there any questions. Shearer: Are there any questions of Mr. Miller at this time. .Tice: Question on the security system, Mr. Miller. Do you happen to know whether those codes can be changed -at will, as far as the numerical code. Miller: The codes can be changed at the discretion of the management. Yes. So if they find it's being breached, they can always modify the code. Tice: After awhile you have to because no security system is worth a damn after about a year. `Jliller: That's correct. Shearer: Any other questions of Mr. Miller. All right, gentlemen. It's time for decision making. Tice: I have one question, one recommendation. Looking at the blueprints • here, that 800 sq. feet, I realize, puts it up in the top half in com- parison to the rest of the units in West Covina. But I'm wondering; what kind of a hardship it would be on the developer to move that up to 900 sq. feet. I don't know. I'm posing that question to the builders. Is there a representative here. Miller: The representative of•the,deVeloper 's here. Shearer: Before we call on the developer, Councilman Tice, I would like to ask the City Attorney is it Council's prerogative to specify a size, in this case pool. Lennard: I think that if in fact there were certain findings by the Council the size.of the pool would=be inadequate,or in their feelinca inadequate, to serve the population then they certainly could request or rut -in-a condition that a 900 sq. foot pool would be necessary rather than 800. I think obviously there would have to be reasonable findings to do that. Shearer: I think that's what we're getting at, So it would be in order.' Do you want to address that question to the developer. Tice: Yes, I iti!ould like to. Maybe we'll have several other questions, so maybe we should hold off.and ask them all at once. Shearer: Okay. Let's wait. Are there any other comments at this time speci- fically that might be directed to the developer as to his reaction and response to a suggestion such as Councilman Tice's. Bacon: Mr. Mayor, I don't believe I should participate in this particular . matter for two reasons. First of all, I voted upon this when I was a member of the Planning Commission and I think the City Attorney advised me previously that having done so, even though it was at a pre- liminary stage in this matter in the Planning Commission. Since it has been appealed from that body I should not act upon it again. Secondly, I was not present for the public hearing the other day and because of what the City Attorney told me previously I did not spend the time to listen'to the transcript because I don't believe I can act upon it. -8- CITY COUNCIL MINUTES March 23, 1981 Page Nine Lennard: Mr. Mayor, let me just point out, if I may, that's correct what Council- man Bacon said. In addition to which I would like to go one step back to what Councilman Tice brought.up and that's just to say that obviously Council should be aware that in the event they impose a high standard that standard would be set for all future developments as well, so that - unless there were some extreme mitigating circumstances by which you wwould want to deviate from that. 4Shearer: Any questions that we night direct to the developer. Is there a rep-- resentative from the developer that would like to respond to the ques- tion as to the requirement.for. a 900 sq. foot pool, rather than an 800 sq. foot pool. Maltzman: Good evening. My name is Mark Maltzman, vice president of Shappell. With respect to the size' of the pool., what we have been trying to do is provide a pool that fits into the area where we can also have a tot lot in`that recreational area and also still have a tot lot in the other large open area and at' -the same time have a wide open grass area. I don't know exactly how close we are with respect to pools having to be so many feet from the units. However, as long as we are not encroaching on that, another 80 feet would be okay, as long as the Council saw fit to require it. So T don't know whether or not that issue..has; been examihed,';whether -'t-'s�that<close,:I have been informed. by my associate that the pool_as"drawn on -he map does actually measure 900 sq. feet. Tice: My thought there was because of the teenagers that may reside in the idevelopment:that they have adequate :swimming space. Shearer: Your response, then, is subject to meeting City code requirements in relationship to space from buildings. But you have no problem with 900 sq. feet. Maltzman: Right. Shearer: Thank you. Chappell: To go to that you would add just about one foot in width for roughly 20 to 21 feet wide to get that other hundred.feet, almost two feet. Tice: Actually 20' by 40', but my pool in my own backyard is about almost that size and we have a raft of kids over there and nobody has room. Giitizenin Are we talking about private project or is this something the City audience: is constructing. ,.-Shearer: We are talking about a project that is being proposed by a developer for construction within our city. :C-,it=izen: Is this for low_housing income or is it for . Shearer: This is not a matter before the City Council as. to the funding; however, I would be less than honest if I didn't respond "yes." It's proposed for .low-income housing; however, the hearing on this matter was con- ducted two weeks ago. Citizen: Thank you. • Shearer: All right. Anyone else wish to comment. Well, I guess I will then. The matter was sent back to staff for two purposes. One was with re- gard to recreation and more specifically a variation on the plan, which we received this evening, as well as a revision in the security system that would make it at least minimally accessible to people so the guest could park outside of the primary triggering device to open the gate. I am reasonably satisfied with what we have before us. There has been a lot of testimony with regard to issues that are really not before the City Council. I'might wish that they were, but there are a lot - 9 - CITY COUNCIL MINUTES March 23, 1981 Page Ten of things in this world that I wish I'.could-do something about.. And I have some of the same concerns that perhaps some of the residents Ae did with regards to the location and propriety of federal involvment in what is a rather high price piece of property. However, as a city councilman in West Covina, that is not my territory. Now, we do have elected people representing this area whose territory that is. I think if they sincerely want to address those concerns that there is an ave- nue through which they can go and it is not through the precise plan procedure. That is all we are acting on this evening. And I feel that the proposal we have before us is consistent and I will support Council- man Tice's - if he, wants to.make that a part of the provisions - I will support that.- I think this i-s consistent with the similar development that we have had in our city and I think that's to the extent that this Council can go. I would like'to add one other provision. And that is with regard to the construction of the wall. Now, as I recall, in the initial presentation that.the construction of the wall was to in some way help.to mitigate noise. Sometimes they can be effective, sometimes they aren't...That is the purpose of the wall. I believe the wall should go in as a first order of work and in so doing whatever function it can serve, can serve not only to screen the noise from the develop- ment once.the families are in, but it can also serve the same purpose to screen the noise from the construction activity. I would like to see that added as a condition, that the wall be a first order of work on the project. Tennant: I would like to make just a comment or two, just to echo what you've said. I'm impressed with the full table we have been provided. And for those in the audience who would like to see it, it's a pretty good one. It shows this development has equalled or bettered the criteria for such things as pools, open areas, etc., for similar size apartment complexes in our city. As Mr. Mayor Shearer said, our job as a council is to enforce codes, ordinances, and to see that standards are met. And if it's a private piece of land, once those are met, we've got to go on with it, regardless of our personal feelings about how it is funded or who the future occupants might be. And with that, I am satisfied that they have met our standards as far as codes and ordi- nances in West Covina. And I.would also like to echo Mayor Shearer's comment that for those individuals who are unhappy about how it is funded or who it's future occupants might be, that is an area to take up with your congressman, that's federal money. We have no say-so over how anything is financed and I think our City Attorney can well speak to the fact that we are not even allowed to enter into those discussions at this level of government. Shearer: Any other comments at this time. Well, we need a motion one way or the other, gentlemen. Lennard: Resolution, Mr. Mayor. Shearer: How do we.handle additional conditions, Mr. Lennard. Lennard: Just add to the resolution wording "as amended." Shearer: Do we have a separate motion on each item. Lennard: No, you can adopt both resolutions by one motion, and I'll ,just add • into the first resolution "as amended by the discussion by the Council with respect to those two conditions." Shearer: The two amendments,as I have them noted, would be that the masonry wall that's indicated on the plan be a first item of work, and that within the setback requirements from living units that the size of the pool be increased to a minimum of 900 sq. feet. May we have the heading of the resolutions. - 10 - CITY COUNCIL MINUTES March 23, 1981 Page Eleven • Lennard: RESOLUTION NO. 6306 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 1980-1 RESOLUTION NO. 6307 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 746, AS REVISED, AND AS AMENDED BY THE TWO CONDITIONS JUST MENTIONED BY MAYOR SHEARER Tennant: Motion to waive and adopt. Chappell: Second. Shearer: Any further discussion? All in favor? Opposed? Motion carries four in, the affirmative with one abstention. (Bacon) ( END OF VERBATIM'TRANSCRIPTION) Recess Mayor Shearer called a recess at 8:40 PM. Council reconvened at 8:55 PM. COMMISSIONS AND DEPARTMENTAL ITEMS (CONT) PERSONNEL DEPARTMENT 1) EXTENSION OF LEAVE OF ABSENCE FOR COMMUNICATIONS OPERATOR - JAN POIRIER Leave of absence - Council reviewed staff's report. Janet Poirier Motion by Tennant, seconded by Bacon, and unanimously carried to authorize Janet Poirier an additional thirty (30) day leave of absence without pay to commence on April 1, 1981 and end on April.30, 1981. 2) INFORMATIONAL REPORT - CETA PUBLIC SERVICE EMPLOYMENT PROGRAM CETA program status Council reviewed staff's report. Motion by Chappell, seconded by Shearer, and unani- mously carried to receive and file the report. 3) RESOLUTION SETTING COMPENSATION FOR THE CITY TREASURER Council reviewed staff's report. City Treasurer salary City Attorney presented: RESOLUTION NO. 6308 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO THE COMPENSATION PAYABLE TO THE CITY TREASURER Motion by Chappell, seconded by Bacon, and unani- Adoption of mously carried to waive further reading of the resolution Resolution No. 6308 and to adopt. 4) RESOLUTION SETTING SALARIES FOR ADMINISTRATIVE ASSISTANT AND PARK SUPERINTENDENT Council reviewed staff's report. Administrative Assistant City Attorney presented: • & Park Superintendent RESOLUTION NO. 6309 - A RESOLUTION OF THE CITY salaries COUNCIL OF THE CITY OF LEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 6270 RELATING TO THE COMPENSATION PAYABLE TO CERTAIN MANAGEMENT POSITIONS (ADMINISTRATIVE ASSISTANT AND PARK SUPERINTENDENT), AND RESOLUTION NO. 6181 RE- LATING TO THE LIST OF AUTHORIZED POSITIONS Motion by Chappell, seconded by Tice, and unani- Adoption of mously carried to waive further reading of the resolution Resolution No. 6309 and to adopt: - 11 - CITY COUNCIL MINUTES POLICE DEPARTMENT March 23, 1981 Page Twelve 1) REQUEST FOR SOLE SOURCE PURCHASE Council reviewed staff's report. Motion by Tice, seconded by Bacon to authorize the Police dogs Chief of Police to execute a purchase contract in an Adlerhorst Kennels amount not to exceed $11,000 with the Adlerhorst Kennels of Riverside, California, for two police dogs, handler selection and training and dog handling equipment pur- suant to the specifications set forth in City purchase order. Motion carried by roll call vote: - AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None 2) USER AGREEMENT WITH COUNTY OF LOS ANGELES Council reviewed staff's report. User Agreement with Motion by Chappell, seconded by Tice, and unanimously Los Angeles County carried to authorize the City Clerk and Chief of Police to sign a user agreement with the County of Los Angeles and the City of West Covina Police Department for parti- pation in the Juvenile Automated Index System. 3) SAFETY TOWN AGREEMENT Council reviewed staff's report. Safety Town Agreement Motion by Chappell, seconded by Tice, and unanimously Monterey Park carried 'to authorize the City Clerk and City Manager to • execute -the extension of the agreement between the Cities of Iffiest Covina and Monterey Park for the utilization of Safety' Town. FINANCE AND BUILDING 1) PURCHASE OF FURNITURE FOR THE NE14 CITY YARD ADMINISTRATION BUILDING Council reviewed staff's report. New maintenance building Motion by Chappell, seconded by Tennant to approve furniture the purchase of furniture for the new city yard adminis- tration building through the State contract and waive the formal bid procedures. Motion carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None HUMAN RESOURCES 1) SENIOR CITIZEN CENTER ARCHITECTURAL SERVICES Council reviewed staff's report. Senior citizen center Motion by Tice, seconded by Chappell to award a architectural work contract not to exceed $60,000 to Frank Sata Collaborates, Frank Sata.Colla.borates Inc., for the design of the Cortez Park senior citizen center and authorize the Mayor to execute a contract to • that effect. Motion carried unanimously. CITY ATTORNEY City Attorney requested a closed session to discuss litiga- tion matters. Recess for Mayor Shearer called a recess at 9:00 PM for the purpose of Redevelopment Agency conducting the Redevelopment Agency meeting. Council re- convened at 9:02 PM. - 12 - 0 CITY COUNCIL MINUTES March 23, 1981 Page'Thirteen CITY MANAGER 1) AUDITOR'S MANAGEMENT LETTER Council reviewed -staff 's report. Auditor's management Motion by Chappell, seconded by Tice, and unanimously letter carried to.receive..and file the auditor's management let- ter on internal control. 2) LEGISLATION Council reviewed staff's report. Legislation Mo.tion by Tennant, seconded by Chappell, and unani- mously carried to approve staff's recommendation to: oppose SCA 5, support SCA 7 and SCA 215, request Congressman Dreier, Senators Cranston and Hayakawa to evaluate H.R. 1465 and S.43 and urge them to co-sponsor the legislation. 3) ADOPTION OF RESOLUTION OUTLINING GUIDELINES FOR MEDIA REPRESENTATIVES AT PUBLIC MEETINGS Council reviewed staff's report. Media decorum at meetings City Attorney presented: RESOLUTION NO. 63TO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING GUIDE- LINES FOR MEDIA REPRESENTATIVES AT PUBLIC MEETINGS Motion by Tennant, seconded by Tice, and unanimously Adoption of carried to waive further reading of the resolution and Resolution No. 6310 to adopt. MAYOR'S REPORTS 1) Mayor Shearer mentioned that he would be on -:Channel 9.'s, "11eet, the "Mayor Tuesday; 6':•00 AM. PMarch: 31 ,`1981 ; and Meet the Mayor again Wednesday, 6:30 AM April 1, 1981. COUNCILMEMBERS' REPORTS/COMMENTS Bacon thanked Council for the remembrance while he was ill. Tennant requested the procedures used by the City when a resident refuses to move a wrecked vehicle from his front lawn. Chappell - re-election Chappell noted that he was running for re-election as the to LAFCO League of California Cities , City Selection representative to LAFCO. Motion by Shearer, seconded by Tennant, and unanimously carried to authorize the Mayor to send out let- ters aup.portin`g Chappel1's re-election. APPROVAL OF DEMANDS Closed Session • Legislation:.opposition to'SB 501' Motion by Tice, seconded by Chappell to approve Demands totaling $870,223.17 as listed on check registers '?CB 84827 and 85109. Motion..carried by roll call vote: AYES: Bacon, Tennant, Chappell, Tice, Shearer NOES: None Mayor Shearer called a recess for the purpose of holding a closed session at 9:15 PM. Council reconvened at 9:58 PM. Motion by Tennant, seconded by Bacon, and unanimously carried to oppose SB 501 and authorize the Mayor to send appropriate correspondence to the legislators. ADJOURNMENT Motion by Tennant, seconded by Chappell, and unanimously car- ried.to adjourn the meeting at 10:00 PM to April 7, 1981 at 7:00 .PM in the"City'Ma,nager's Conferen Room for the j int Attes meeting with the Planning Commission. 119 Mayor - 13 - ,ty Clerk