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09-28-1970 - Regular Meeting - Minutesi- -MINUTES, OF THE REGULAR MEETING OF THE CITY COUNCIL -CALIFORNIA CITY OF WEST COVINA, SEPTEMBER 28, 1970. The regular meeting of the City Council was called to order at 7:40 P.M. by Mayor Ke-n Chappell in the West Covina Council Chambers. The Pledge of Allegi.ance was led by Councilman Robert Young; the invocation was given by Reverend Robert F. Condon of the Queen of the Valley Hospital. Pr)T.T. rAT.T. Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present: George Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City Attorney H. R. Fast, Public Service Director George Zimmerman, City Engineer Richard Munsell, Planning Director Ross Nammar, Administrative Analyst APPROVAL OF MINUTES September 14, 1970 September 21, 1970 AWARD OF BIDS PROJECT NO. SP-71006 APPROVE COOPERATIVE AGREEMENT WITH. UMARK, INC. Motion by Councilman Lloyd, seconded by Councilman Young, and.carried, approving ...... .. mimkites as submitted. (Councilman Shearer abstained due to h.is'absence at this me it! t i Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, approving minutes as submitted. LOCATION: Azusa Avenue to Shadow Oak Drive (Council reviewed Engineer's report....) The City Clerk stated 8 bids..received in the Office of the City Clerk at 10-00 A.M. on September 23, 1970; all were reviewed and determined to be valid bid proposals: Griffith.Co., Los Angeles Alternate A $129,815.40 Alternate B $148,993.20 D & W Paving, Glendora A $136,260..00 B $157, 221. 80 Crowell &,Larson, Bld. Pk. A $139,744.30 B $165,166-30 J.K.Mu phy, Van Nuys A $141 153.15 B� $160.241.63 Aman Bros. Covina A $-14-1., 380. 8 6 B $162., 83 3. 20 Vernon Paving, Los Angeles A .$152,403.27 B $172., 919. 0 7 Sully -Miller, Long�Beac-h A $160,93.5.40 B $179,889.82 Louis Lopez, Glendora A $185,603.44 B $209,686.'64 Councilman Young: Mr. Ma-yor,,noting that the low bid on Alternate A and B is the Griffith Company of Los Angeles and noting the recommendations of the City Engineer and the fact that the bid price is well within the budget estimated for this work, I move that- the - Alternate IIRII�.'bid of the Griffith Company of Los Angeles presented at.the bid.opening of ,,,.as September 23, 1970, for Project..SP 71006 be accepted -and that the Mayor and City Clerk-.be-autho-rized to execute an agreement with the 7 7 f., REG. C.C. .9-28-70 Page Two PROJECT NO. SP-71006 - Cont1d.. said Griffith Compapy, subject to a portion that,may yet be negotiated under Alternate "A". Seconded -by Councilman Nichols. Mr. Wakefie ld: Mr. Mayor and Councilmen, as.I understand. it City Attorney the Coopexative-Agreement between�the.-City,and. Umark-h-as-not yet been. executed -by, Umark-ar..,has, Umark deposited its�share of the funds -with the,City. -Under-the circumstance!&,I think the award of the contract to.Griffith Company should be made ,subJect- to the execution of the Cooperative, Agreement. and the depos-it-of funds-by--Umark-wi-th the� City. Councilman YG.ung:--..-- With the. consent, of the­se-cond,� I�.so. amend -the motion.s Co.uncilman -Nichols seconded the amended motion. Motion carried on ro-1l,call.vo-te as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell .NOES: No n6 ",,, ABSENT: No n e PROJECT NO. TS,70,019., LOCATION,: Northeast corner of Vincent Ave-nue UNDERGROUND..INSTALLA- and Center Street. TION OF ' TRAFFIC SIGNAL (Council reviewed Engineer's report.) CONTROLS Informal bids were received on Aug-ust 20, 1970. Councilman Young�-.* Mr:. Mayor-,. it ..appears., that ...,the. City Eng-ineer. Is, of f1ce, in .)going.., back. .,and., getting the.se -bids has come. in with. f,igures co.nsider- ably under that.whichwas..bid at the_time....._and�I.move that the report of the City ."'Enginee-r., da-t-ed-,..Septem-be�r.-,-1-8-i-- 1970j­ recommendations. ther-e-in,be-adopted. Seconded:by Councilman Lloyd. -Motion carried on roll, call -�vote as , f ollows: AYES: CouncIlmen Shear.ex, Nichols,, Young, Lloyd, Mayor Chappell NOES: None',� ABSENT: None - Councilman Shea-rer: Mr. Mayor,.I would like to,stronglyurge the ..staff. to keep a: close acco-unti-ng..on the cost of; this: installation.,since, to. tmy'-.. knowledge, and I have made a few inquiries, it i-s,. .,if..not. the_only one, one of -a very. few of such installations in the State -of. California and it does�pr.esent some maintenance problems, and I would hope staff would record-the.cost of maintenance of-thi.sparti-cular controller. (Council agreed and Mayor Chappell asked Mr. Aiassa to please make a note of thisrequest and he agreed to do so.) PUBLIC WORKS � ' * PRECISE PLAN,NO..298-R STREET IMPROVEMENTS WEST COVINA CHURCH OF CHRIST release of cash deposit 1970 STORM 'DRArI.N BOND ­ ISSUE, PROPOSITION -PAP. LOCATION.: 705 North Lar-k- Ellen, Avenue_ Motion. by.. Councilman Nichols., -seconded, by Councilman -Young., and carriedT, .'acc6pting street improvements and,, authorizing_the_ in therp-,amG.unt -of .-(.Council reviewed Enginee-rl-s report.) RESOLUTION NO. 4233 The City Clerk presented: ADOPTED 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ENDORSING LOS ANGELES 2 REG. C.C. 9-28-70 Page Three 1970*STORM DRAIN BOND ISSUE - Cont-ld. COUNTY PROPOSITION "All WHICH WILL APPEAR ON THE NOVEMBER 3 GENERAL BALLOT.o' Mayor Chappel-1: Hearing. no objections, wa-ive-further.read- ing of the body of said Re,solution. Motion by Councilman Nichols, seconded by Councilman Young., adopting said Resolution.. Motion carried on roll call vote.,,as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd,,Mayor Chappell NOES: None -- ABSENT: None Motion by Councilma n Nichols that the Council.authorize the Mayor to personally endorse Proposition "A'! in accordance with the request of the Board of Supervisors. Councilman Young: A point of order, Mr. Mayor. Why couldn't the Mayor.do it anyhow without a.motion? Councilman Nichol-s; The Mayor may make..any endorsement for himself but if he makes.the-.e.ndorsement ..officially as the Mayor of West Covina he is speaking,,for--the-entire Council body and I think—wou,ld require all of our permi-asion... Councilman Young: I am -all for it, but,.I didn,lt think he was that tied down. 1. wi.11,.se.cond,..the motion. Councilman S,hea.-er:: For, the benefit of the. audience. I. think it ?xopo should be.t -pointed, out that.if,_1 zition PA"- f ails the. City will, have. . to come....up_.. with approximate1y. one Vand-a qu,artex, -mi,11ion., dol-l-ars_,out._.of _oux. own funds to� pay for improvements that, we. are almo,st.-oblig.ated to put in. So it does behoove.all o f-us, not-only,the. Mayor, but all of the Councilmen;and-everyone,present tolacatively,,-cam aign for P., the passing -of this bond issue. Motion carried. Mayor Chappell: With the concurrence of the.Cou.nci1,I..pl.an on vigorously working on this.,Propo.sition because,I--think it.is something very important to our City at this.time, fin ancially, as well as improving our storm drain''.p1roblems. PARCEL MAP NO. 1727 LOCATION: North of Amar Road, and east and DONALD L. BREN CO. west --o-f-A71 zu-sa Avenue. (council re:v-iewed -Engineer's report...) RESOLUTION NO,.;..4234,- The City Cleirk-presented.,:_ ADOPTED PA RESOLUTION OF THE CITY. COUNCIL OF THE:CITY ' OF WEST COVINA,. APPROVING FINAL --PARCEL, M&P--NO, .17,23 .; 11 ., , � - I Mayor Chappell:- Hear-ing,--no obje-ct.-i-ons, walve-further..re-ad- ingw:,of the -body., of .sa-id... Motion by C.ouncilm-a-ni!�Young,,.,,secon-dediby Councilman Shearer,.. -adopt- ing said Re�soluti­on,: ;Motion carxied-on.x,oll call vote as follows: AYES: Counci:lmen.Sh&6Lrer, ,Nicho.l.s,. Young, Lloyd, Mayor Chappell NOES: Nqn&.- ABSENT: None --.-- MAINTENANCE DISTRICT LOCATION: Amar Road and Azusa Avenue i NO. 1 - WOODSIDE VILLAGE (Council reviewed Engineer's report.) - 3 - REG. C.C.. 9-28-70 PROJECT NO. SP-68007 Page Six - I I I Mayor Chappell: Hearing no -objections, waive further reading.. of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, adopting said Resolution. Councilman Young: A point of order. I thought this was a public hearing and it seems like we are doing everything without a public he-aring. Mr. Wakefield:_ ...Cou.nc�i.l,man,....Y-ou.ng, -you will remember the City Attorney public hearing was closed at the last .regular meeting and staff'was instructed to revise the Engineer's report and exclude from the assessment those costs attributable to the lowering of the water main. This resolution thenisimply confirms the assessment as to the remaining,, cost. Councilman Young: Why are we treating the property owner at location number two differently from the property owner at'location number one? Mr. Wakefield: Is the property you have reference to the City Attorney General Motors property? Councilman Young: I guess so, I am not,.su,re,. Apparently we are lowering the water main at city cost at point No. 1 and at the cost of the property owner at point No. 2 because the property owner apparently requested the relocation.. Mr. Wakefield: This particular parcel of property was City Attorney ileproved pursuant to a specific.petition. of the property owner which requested not only the work be done,.but al'so,th'at the water line be lowered.. Councilman Young: We -can grant the request and whatever con- ditions we are.placing on-the.request and if this is agreeable to the,property owner that precludes.any, further discussion of the equities involved as to cost,-etc.0 is that correct? (Answer: Yes) Thank you, I understand it now. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PLANNING COMMISSION Action of 9/16/70 (Council * reviewed action; Councilman Lloyd called up Item 6 - Unclassified Use Permit No. 161, Atlantic Richfield Company and Council agreed.) Councilman Nichols: A question before voting on this. In the new N-C zone a gas station is by an unclassified use permit - is that correct? Mr. Munsell: Planning Director Councilman Nichols. superseded the C-2.? Mr. Munsell: Planning Director That is correct. All commercial zones except O-P allow gas stations by unclassi- fied,use permit. The old C-2 used to allow by right? (Answer: That is correct) Has the N-C No, the N-C superseded the C-1. REG. C.C.' 9-28 -70 Page Seven Plan. Com. Review of Action Councilman Nichols: If under the prior zoningit, would have required an unclassified use' permit in that location? (Answer: Yes, that -is correct..) Mayor Chappell: Are there any objections to calling -up. Item 6? (None) Councilman Young: Mr Mayor - in the Department report on the landscaping at the Jack I,Martin-resi- d6nce. I see correspondence in the file and a lot of history on this situation. I wonder if we might have further information. I don't know exactly what is happening, it appears to be informational and yet there are questions involved and allegations by Mr. Martin respecting.other homes that have similar type shrubbery or hedges and his reasoning for having, and I am,w*ondering ) if this is worthy of further cons idekati6ft' by Cou".ficil. I am intrigued by what I see in the file. Mr. Munsell: The item comes before the Commission Planning Director at the request actually of the District Attorney, and one reason you,have a little more extensive,re ' port than we normally provide is that on the summary sheet for the Department Reports we neglected to put the addr*ss�,`,and since we thought that might catch your eye we thought we i��,`96tterlprovide-all the information. The situation we have is a heavy planting in the front yard of the individual's home and called to the City's attention by a neighbor apparently in disagreement,,with the neighbor or the shrubbery or both. As indicated by the-.note.there are probably a number of similar overgrown front yards,throughout the City'. The code indicates that any planting within.a.,frontyard.. is acceptable only if it does not take the form of a-hedge,ove.r. 3h- high;ihtermittent trees, low fences are acceptable. As a. general rule this has somewhat of a low priority on our list of items to enforce or.'to proceed against and as a consequence it is more of a call bas.is, If an individual calls and indicates. �they _..are extremely unhappy and are aware it*, is, a -violation of. the.,Ordinance we take action.at their request. In this,,case we-did.have a call and we did take action requesting the individual to trim his hedge in such a way so -it would. . meet the 3h' limit -and if he.wants trees sticking out -of the hedge that would be acceptable. We made a number of complaints to the District Attorney in the last couple of months and some have come back to us, one was the peacock situation and now this. Probably because he,al,so has a heavy workload. In any event it came back to the Commission to de.te,rmine.if..this growth was in fact -a hedge- ­ I ! I had a discussion with Mr. Martin this. - morning and the Special Enforcement Officer and..I wi.l.l.meet with.- them,orl-.the 6th to discuss in greater -detail how he.can solve his problem.and perhaps rel.ie.ve.his.neighbor of the unhappy.sItuation. Generally speaking.with regard to the.additional hedges existing throughout the City, if Council should desire we would drop..some of our other priority items�'.,and. ..proceed on ,.abatJhgj hedges,... otherwise we would prefer to do it,,-o.n a call basi's only.1 Councilman Nichols: Mr. Mayor, it is my opinion -that this i.s. in -.-- one of the, -areas that 'the ;City had, best— be.advised to proceed carefully. Thi,s gentleman has counted by his.own determination. some. hundreds ..of residences in the city that.in his opini.on�lare iniequal violation,.. and without recounting I can,confirm that he is in all-probabil.i.ty exactly correct. I think-, we -have a; law on. the books-'.:that-.-dn literal interpretation can bring -nothing, but pain tolour-city...staff. and our enforcement,agenc'. Generally we have expressed a concern- y with these typesof.growths where they have had an obstructive aspect and I think 'thi-s2� is -�. one of the laws that must be treated with the milk of human kindness and some rationale. I woluld*think that 7 REG. C.C. 9-28-70 Page Eight Plan. Com.'Review of Action ,the Council would be on very sound ethical and moral grounds to instruct'8taff to review its enforcement,policy in this area and hold of ' f-on this particularmatter until further interpretation is made. Councilman Shearer: I think, it is worth a trip by this -partic- �ular address. I dro.ve by Saturday , afternoon* needless to say,,,i.t is not -in the sense that.you would-. normally �hink of as a hedge. .-It-looks-more like -:a jungle.. It is not like ' 4h I -hig�h, it is lik.e . 12-k-. -high and not Jike, a hedge , but like a whole...wall fortress. As_I approached- it I saw on.,�_... this same street. hedg@§ not 4-1 - --high-but..-.51 or over. . So At.. will be a ticklish -problem., I doubt,that there -are hundreds.of-pl.'aces,in the City that are in -the extension of violation this is....and then here we'get into the area of what is just not a little bit or' a big violation. So Ithink it presents a difficult problem to staff because we do'have a law on the books that says"you shall not!�.' And this individual hasand someone raised the point and staff is faced with -the fact they have,a law and someone has complained and can they really turn, in effect, the other way and ignore it? Mayor Chappell: It will be interesting to,have Mr. Munsell report back,� to us: after he meets with Mr —Martin. Councilman Young.. Having raised the issue...I.am.concerned .-...because we have:a citizen.. here. who.. is -growing things in his,. front .,yard ... and he is about to- be,branded-ias 1'a:'criminal- on, that count.. -_a, good. -tax- paying, citizen,who, i,s irritating -his- neighbor apparently, I.and.. yet I don I t know f or . who -se., benef. it this hedg-e -law existg . -and., -what-the reasons f or- -the. standards are. Does it exist for, the. sake,. of. the neighbor, or for the cars travelling,on the street? .In.other words) who is entitled to,make;_the�complaint? In light-of,-thi.s,ge.ntleman _s. own research ­ which,,.I would, like. to accept at face -value ..at, the. m e' t I am n . - I would lsugge,st,.�. that. we� request the PlIanning,-Depar-tMent, and Planning Commi.ssion, to �review - this Ordinance: with the. ..idea in mind of at ..least an appropriate amendment; to --take-dt, --speci.fi,cal.ly to the purpose we.i.are-concerned with. .1-didn't know.we.�had an. Ordinance like,,, th.is,,'. I JaIwaya-'thought. I ...could,,. grow, anything I wanted, in my frontli-yar�0--and�,nG'W-'I�f�l,�nd.,-out�-I�,can-.I-t. I would requ,est'-.,it.-bel!,studied�. Co,qncilman Nichols: The..r,,e �.are - a lot of , elements in thi.s... not expr,e�ssed­im this,, report. , -I..rec-all-_-.a_year. or,,,so ago �a,complaint about: -a .-s,imi1.ar..,type,,, of situation�,16dged -by a neighbor because',he.-found.it liter -ally,...,_. - impossible .,to!.,back-.1�.in-to--.��the... street f-,rom his. awn property,and-have . any sort of � a1�gnment of:the.� traf f ic l,ane 4becau-se of the., growth, . in the' setback 'area : in. the! f ro nt, of the prope rty. .. Now .. i f _ this - i.s_the, element. ...of concern, �'%if the- enf orcement is based an-obstruct.1an tar.. any rationale. to the,,. -growth, of� shrubbery dn the f r.ont yard ,,,then.,. I.. think enforcementz--is,in order., -but -if it was -based onthe.,tact.,.., that- there - is. -growth .'in the- front yard and some -one says. i I t now passes the, line!,of hedge�, and is in excess,af .4.1 if that is the criteria and �if,lenforcem,,.--ri.t.,!.is:-to-be..,predicat6d---.on�,,that�,.-.the,n-.I,--,. am afraid -we -are indeed �-In--I-trab-le-. Iman Nichol-s: seconded by*:Counc*ilman,Llayd, ...thc�t Motion by'Councl this be refdrred:back-to staff';to look -into this77ffgtter �furthe_rf___- Motion carried; Cou�ncilman-i -Shearer . voting Motion'by Cou-n4c-i-lman--:Young, seconded by Councilman, Lloyd-,_ and: U: carried, that Concil receive and file the,Planning Commission review of ac�ion da�,,e'd_,Sept`effiber 16, 1970,i*with the exception of Item 6. 8 a E REG. C.C. 9-28-70 Planning Com. - cont'd- Page - Nine PARCEL MAP NO. 1760 LOCATION: 1077 Springmeadow Drive James & Mabel Low REQUEST: Approval of a parcel map to sub- divide a 1.1 acre parcel into two lots in the R-1 Zone, Area District III (minimum lot 14,400 square feet). Recommended by Planning Commission Resolution No. 2281. (Mr. Munsell, Planning Director, summarized Planning Commission Resolution 2281 setting forth conditions of approval; slides shown of the property and explained.) Mr. Munsell: I might advise Council that the City Attorney has thoroughly looked at this and determined that the Commission was acting on the legal splitting of the lot as per zoning and that the,private deed restrictions were not a matter for the Commission to be concerned on in a zoning hearing, and that this approval will not subrogate the validity of the deed restrictions. Councilman Young: If this lot split is approved how will the two lots vary in size from the average in the community there? Mr. Munsell: The lots in this particular tract immediately around this area.are roughly the acre size. The whole tract was sub- divided generally into acre size lots, but the zoning to the south and northeast has more the one-third acre si.zQ. lots, 14,4001 or a little over. Generally speaking, however, within any one-half mile radius those lots in the same area district would average out at the third acre size. The lots immediately to this tract are one acre or better. Councilman Young: I.noticed from some of the communication here, a letter dated July 7, 1970, indicat- ing that a.buyer bought into this property unaware of;the deed restrictions indicating perhaps some mis- representation. Is this property they are referring to under the same buyer? Mr. Munsell: I believe so, but I am not sure if it is .the same buyer. Councilman Young: I just wondered if we are being put in the position of helping to put the heat on the architectural committee to approve develop- ment... -- Mr. Munsell: In terms of this type of situation the architectural committee has civil rights to enforce its deed restrictions and the action we take here does.not prejudice their right to enforce the deed restrictions. Councilman Young-.. I,wondered about that, but I suppose strictly speaking it doesn't. Councilman Shearer: (Requested the reshowing of the slide of the property) In R-1 area district III is there a frontage requirement --for a lot? Mr. Munsell: All lots are required to have a frontage on a street. However, in hillside terrain this has been waived consistently to make use of the property. This would not be an unusual situation. Councilman Shearer: A comment zoning on - it would appear- that maybe the this is a little misappropriate - 9 - REG. C.C. 9-2,8-70 Page Ten. Planting Com,. (Parcel -Map -1760) for the.area. We have an a rea that averages one -acre parce1s, Area District V, we also have I an Area District IV, but thi.s,-..a-r.e.a. is zoned Area District III. dt may be'one of those thing.s_that_ no one thought would become a problem. Legally, as. far.-as_._o-ux_ zon-ing ordinance, 'a iian�could.have..3,lots-there. He could..dividb an Acre into thre&14,40,01 lots and still be within the,present.,.. zoning of the City of -West Covina. It would seem to me-that.,.as..... early as 1967, not to cast. stones at_ the good people. living -in. that area, 'but they were aware of this potential problem, and__ they probably should -have com& in'for it to bei,rezoned. 'Due to the'f act it is. - zonea_ Area -District III I don.7t, t.�ink.-we.., an deny the owner his request when it:meets�. all legal requirements__ Motion by -!Councilman She,arer,. seconded by Councilman. Young,, apprqving': Planning Commis'sion Resolution No. UK.', Council 'man Young,:.. V�wouId like to say I -seconded it with some!: regre t, be,c.au se I have. a f eeling, we; are getti,ng-,i.nto a_pkob,lem_fdZ. -the. Cour.ts. Cou�;ncilman Shearer: I would like toiamend my -motion to read-, that_' in no way. off ering. any comment' with regard to the deed�restrictions. Coundilman�Young: I certainly accept that. Motion carried. RECREATION & PARKS' COMMISSION Action of 9-22-7.0. ;-(doun-cil revi,ewed.-actio,n,..)__-- readi-ng Councilman Young:, It is,,obvious- in.. .the_summa4y_.of__ action that, the, CommIssion is,.e-xpandi.ng opportunities for.,,,.,t,he use of ,recreation time and:I-think­tnat.!.,snould be noted,, and I,move that the.summary- of action be accepted:.and filed. -ire Seconded,by, Councilman She-c x.. Councilman Young: I - amend m �motion to,.i,nclude,the y approval by" Council ok..,the__prop6-s,ed fees as; recommended- by. the "'Re-cre�Ation--,.and..P.ark.-.. Commission.. Councilman Shearer accepted-the.amendment. Councilman Lloyd.- Mr. Mayor. I really have no great .,,obj,ection but on, the-ba.§i.s. of parliamentary ..... .. that we,... P.accept" the.. second or reject the-; .,motion, 1. -would,:, r4_-mind this ;.august -body_t�atl'.*.. any motion presented cannot.be chan�ed, even,by. the. m.ak-er,,.,on.ce.,,.i.t.,.i,s,'!seconded. I will go along with,the procedure, presented�,.he-re.,-.thi:s,...e.t7e.ni,ng.. and in the, past, but, .I . would. remind, you ...that, _it_happen.s_--to_ be. ...one of the things that is pretty onerovz&-to me. If a:m6tion is made it should�be inclusive of all t11t9g4;,. If I am in error I think our parliamehtakiAh might correct me? Mr. Wakefield: Mr-, Mayor -and ..members. of the City Council, I learned long agoll.that:the rule.of' -amentary procedure applicable to the parli City Council is, Rule III and while we deviate someti�ies from the .Robert's Rules of Order, so long as the intent of the mo tion and the subject is,,clear it is not necess I ar . y thaf_'-w6.adhere strictly �:'formal'xules. to the �',;Mo.tio.n, carried'. on rol 1 call vote as follows: AYES: Councilmep.She,arer,, Nichols,, Youngi Lloyd, Mayor Chappell NOES: None ABSENT: None 10