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01-27-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 271 1975. The regular meeting of the City Council called to order at 7:30 P.M. In the West Covina City Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by Bill Springemann, Chris McCullough, Mark Faulkner, Scott -Wallace and Matt Truax, members of Boy Scout. Troop #823 sponsored by the West Covina Firemen's Association. The invocation was given by Councilman Gary Miller. ROLL CALL Present: Mayor Shearer; Councilmen: Browne, Miller, Chappell, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Leonard Eliot, Controller Michael Miller, Planning Director Ramon Diaz, Ass't. Planning Director John Lippitt, City Engineer Allen Sill, Chief of Police Janet Williams, Administrative Analyst Mitch Gutierrez, Administrative Aide Eric Cohen, Staff Reporter - Sentinel Mark Landsbaum, Staff Reporter - S.G.V.D.T. CONSENT CALENDAR Mayor Shearer explained the procedure of the Consent Calendar and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) Los Angeles County Department of Health Copy of letter to State Board of Corrections and Attorney General re Annual Inspection of West Covina City Jail. (Receive and file and refer to Staff) b) Frank De Pietro Copy of letter to John Lippitt, City 2320 Wayne Avenue Engineer, re Chamber of Commerce's pro - Los Angeles posed Garvey Avenue name change, object- ing to the proposed change. (Receive and refer to City Engineer and Chamber of Commerce.) c) James D. Driscoll, Re Assembly Concurrent Resolution No. 220 Chief Clerk - Assembly, re medical examinations of rape victims. California Legislature (Refer to City Attorney for report) d.) West Covina Invitational Requesting a contribution in amount of Independence Da0y Parade $1750 toward 4th of July Parade budget. Committee (Refer to Staff) e) City of Hope Requesting permission to conduct fund raising campaign on Sunday, June 8, 19754, and waiver of Charity Solicitation License Fee. (Approved in prior years. Recommend approval.) 1 1. CITY COUNCIL CONSENT CALENDAR - Cont'd. f) Keith A. Lord 2640 Greenleaf Ave.,. West Covina g ) Arthur Sanborn Sanborn Theatres 2504 E. Workman Avenue West Covina 2. PLANNING COMMISSION Summary of Action 3. RECREATION & PARKS COMM_ Page Two 1/27/75 Copy of letter to Mayor Shearer object- ing to an action taken by the Rowland Unified School District Board re a connection between Gemini Street.and Shadow Oak Drive. (Refer to Planning Staff) Re annexation of a parcel of property situated in the City of Covina. (Refer to Staff) January 15, 1975. (Accept and file) Summary of Action January 141, 1975. (Ad3. reg. mtg.) (Accept and file) (For Action Items refer to City Attorney's Agenda Items E-6, E-71 & E-9) 4. PERSONNEL BOARD Minutes December 12, 1974. (Receive and file) (For Action Items from 1/14/75: Refer to City Attorney's Agenda Items #E=5 -and_:, E-9; :.City- Manager! s Agehd.a .Items.:G=3 c and d. ) 5. HUMAN RELATIONS COMM. Summary of Action January 2.3, 1975. (Hold over) 6. YOUTH ADVISORY COMM. Summary of Action January 141 1975. (Accept and file) January 211 1975. (Accept and file) Minutes January 7 and 141 1975. (Receive and file) (For Action Item from 1/21/75 refer to Mayor's Agenda Item I-1.) 7. ABC APPLICATIONS Chief of Police recommends NO PROTEST. a) Robert E. DeBartolo dba IN AND OUT MARKET 560 E. Rowland Ave., 516-18 S. Glendora Avenue #B-4 b) William S. Green dba VILLAGE LIQUOR 24382 Totuava 1523 E. Amar Road Mission Viejo Albert J. Green 14757 Rockhill Dr., -Hacienda Heights Marie Green 918 Beacon, #3041 L.A. 8. CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) State Farm Insurance on behalf of Insured Colleen McShea re traffic accident 12/15/74 at intersection of Lark Ellen Avenue and Badillo Street due to malfunctioning traffic signals. (Deny and refer to City Attorney and Insurance Carrier) - 2 - It } CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Three 1/27/75 b) Fred J. Mullennex, Jr., 520 E. Florence Avenue, West Covina, for damages to water line caused by parkway tree roots. (Deny and refer to City Attorney and Insurance Carrier) 09. CITY TREASURER Report for Month of December, 1974. (Receive and File)- 10. TRAFFIC COMMITTEE MINUTES January 211 1975. (Accept and file) (Council requested Items I-b, d and g withdrawn for further dis- cussion.) Motion by Councilman Chappell to approve Consent Calendar items with the exception of Items I-b; d and g. Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None ITEM I-b (Councilman Tice questioned the letter re the renaming of Garvey Avenue; Mayor Shearer .explained this matter will eventually return to Council for a public hearing prior to any change. Councilman Tice removed his request for withdrawal of the item.) ITEM I-d (Councilman Tice inquired as to how much was actually budgeted for the 4th of July Parade and was the Committee aware of what was budgeted? Mr. Eliot advised $950. as in prior three years, and the budget for 1975-76 has not yet been discussed and that the setting of the new budget would take care of any advance request found necessary. Councilman Tice said he would like to know the reason for such a large amount requested over and above what was requested in the past years - $800.) Joanne East, Chairman Mr. Mayor and members of Council, I believe we W.C. Parade Committee noted how we expected to spend the funds in the letter, but I was not aware the amount allocated was $950. In the past we.received $800. and this has been the same amount for the 5 years I have been working on the Parade. Things have gone up and one of the items that has increased very much is the transportation fees needed for bands that we would be hoping to entice to our Parade. This was one of the areas we were rather short in last year. (Explained fully) We would like to have 4 or 5 bands and the transportation cost has gone up sharply over the last year. It has been customary according to where they come from to receive $150. to $250. We would also like to have the Huntington Police Motorcycle Group in our parade as they were for one or two years. They always send a letter giving the information they would like to be in but there -is insurance and travel expense involved and we had to re- gretfully turn them down last year because of lack of funds. They are the same group that leads the Pasadena Rose Parade.. Also this is for the 1975 Parade and we are at this time working along the same lilies we expect to work in 1976 in anticipation of the Bi-Centennial Celebration. 1974 was a very good parade and we donrlt want this year's parade to be an "also ran thing". And the cost of trophies and all materials have risen along with our desire to update the parade. Either the parade grows and is indeed a tribute to the city or it becomes something less and less each year so it has to grow.: and in growing it is.costing a little more. (Councilman Tice asked 'if the service groups wore asked to help out with donations and Mrs. East said yes and they have participated - some have as a regular thing sent in donations but unfortunately not - 3 - 1 a CITY COUNCIL Page Four CONSENT CALENDAR ITEMS - Cont'd. 1/27/75 all do. All were contacted by mail last year and the Committee hopes this year to contact many personally. Council felt perhaps with a more concerted effort some of the difference might -be made up and then ouncil could be contacted with a request for the difference. Mrs. Est pointed out that last year they received some trophy donations and it is hoped this year that this.idea would grow.) Mayor Shearer: I think the reason it is here in January was due to a discussion I had with Mrs. East and due to.a misunderstanding on my part with regard to the budget. So perhaps it would be best to take no action at this time and.give the Parade Committee time to raise money from the community and as the time gets closer then come back with a status report on their success or failure and we would thEn consider it at that time. Mrs. East, I would suggest that you get back with your Committee and evaluate what you would like to have for the 1976 Parade which would be the figure that would go into our next. budget which we will be discussing probably'in April and May and present this figure to Council for our consideration. Councilman Tice moved the Mayor's suggestions as stated; seconded by Councilman Browne and carried. (Mrs. East asked for the exact time for presenting a status report and the Mayor advised perhaps in the middle of May and for the 1976 Parade that figure should be in by the first of April.) ITEM I-g (Councilman Miller asked if in the City's building codes there was a minimum seating capacity for movie theatres and the Planning Director advised there is none. Councilman Miller said in reading this item over he would ask Council's consideration in the future to stating a minimum seating capacity because without it the City will probably end up with many small theatres which would cause problems. Mr. Aiassa explained this one is proposed as a back to back theatre like Wescove. Councilman Browne stated this is the coming thing as f ar�as theatres are concerned and he was not against it; asked Mr. Aiassa if staff is in touch with the City of Covina to see if this meets with their approval and Mr. Aiassa advised staff was now pro- jecting how best this could be done because this involves an annexa- tion and a de -annexation. (Explained.) Motion by Councilman Browne to comply and approve the original recommendations of Staff on items I-d and I-g. Seconded by Council- man Miller and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 75-29 COMMUNICATIONS STATION LOCATION: San Jose Hills, south side of REPEATER Galster Park.• opened and read. Council asked to hold over to next Bids received in the Office of the Purchas- ing Agent up to 10:00 A.M. on Wednesday, December 181 1974, and thereafter publicly Held over from 12/23/74 and 1/13/75 to this date. review Controller's report and approve request to regular Council meeting. Motion by Councilman Chappell, seconded by Councilman Tice, to hold over this item to -the next regular Council. meeting. - 4 - CITY COUNCIL Five F AWARD OF BIDS: 475-29 Page age 5 (Mayor Shearer stated the bids were originally opened December 18 - is there a problem in timing in regard to the awarding of the bid? Mr. Wakefield explained - no problem in timing, it is due to resolv- ing some of the technical problems that relate to the site. Before the equipment is purchased the City wants to know.it has.a site to erect it on.) Motion carried. PUBLIC WORKS PRECISE PLAN OF DESIGN LOCATION: AZUSA Avenue, north of Norma NO. 660 Avenue. KACHUCK ENTERPRISES, INC. (Council reviewed Engineer's report) Motion by Councilman Chappell to authorize the release of 90/ of Cash Deposit of $1750 for street improvements; seconded by Council- man Browne and carried. DRAINAGE PROBLEMS LOCATION: Sunkist/Van Horn Area and Citrus Street area. (Council reviewed Engineer's report) Motion by Councilman Chappell to authorize the City Engineer to take informal bids for Alternate No. 2 and report back to the City Council with the bid results; seconded by Councilman Tice and carried. LIST FOR FISCAL YEAR 75/76 Motion by. Councilman Chappell, seconded OF RAILROAD GRADE CROSSINGS by Councilman Browne and carried, to IN NEED OF SEPARATION. receive and file informational report. - (Informational) PLANNING COMMISSION TENTATIVE TRACT MAP NO. 30231 LOCATI.ON: South of Shadow Oak Drive and. GLOBAL WESTERN DEVELOPMENT/ west of Nogales.Street. UMARK, INC. REQUEST: Approval of a tentative tract of .250 lots within the Woodside Village Planned Community Development Zone No. 1 (Development Plan No. 7), on a portion of a 147+ acre parcel. Recommended by Planning Commission Resolution No. 2571. (The Planning Director briefly summarized Staff Report dated 1/15/75 and Planning Commission Resolution No. 2571. Displayed maps explained. Councilman Miller questioned the privacy factor and this was explained. Councilman Browne said he attended the Planning Commission hearing and the Commission pretty well went over all of this and placed condi- tions thereon to cover. He felt the end result is a development unit that will be comparable to the surrounding community.) Motion by Councilman Browne to approve PCD-1, Development Plan 71 Tentative Tract No. 30231; seconded by Councilman Miller and carried. PUBLIC HEARINGS ENVIRONMENTAL QUALITY Proposed Environmental Quality Element ELEMENT OF THE GENERAL of the General Plan of the City of PLAN - CITY INITIATED West Covina setting forth policies and programs for Open Space, Conservation, Scenic Highways and Recreation. Recommended by Planning Commission Resolution No. 2565. (Proof of Publication of Notice of Public Hear- ing in the West Covina Tribune on January 16, 1975 received) - 5 - CITY COUNCIL PUBLIC HEARINGS: EQE Page Six 1/27/75 Ray Diaz, Mr. Mayor and members of Council, prior to Ass't. Planning Dir., going into a summary of the Environmental Quality Element (EQE) I would like to preface my remarks by stating at the. outset of our General Plan updating pro- gram it became apparent that the Open Space, Conservation, Scenic Highways and. Recreation should be brought together in a context which reflected the intent of planning and zoning law and which would be related to a rational classification of the natural resources and resource programs. Staff's primary concern was that the description of each element*in the law involve lists of components which would combine natural resources in definitive terms and management programs. It should be noted that the overriding consideration of the EQE was that it not only be internally consistent but be correlated with the policies and proposals of all other elements of the City's adopted General Plan. I believe we have achieved that objective in the documents you have before you this evening. (Explained the work program followed prior to adoption of Planning Commission Resolution 2565.) In summarizing the element I would like to go through: 1 - the Hillside Protection Program; 2 - the area of con- servation and the fire protection program; 3 - the recreation policies and programs; 4 - the area of scenic highways. (Explained in detail the Hillside Area covered by the Hillside Overlay Zone stating the element recommends that grading be prohibited on slopes over 12 degrees, or 5 to 1; establishment of slope density standards. On slopes of 30% or more a minimum of 10 acre site; slopes of 30% or less, 2 acre site. Pointed out a typographical error in the appendix portion where the resolution indicated on slopes of 30% or.less "a 20 acre site". That should be a 112 acre site." It is recommended that cluster development be prohibited on the Hillside Overlay Zone area combined with a low •density single family development standard and prohibit development in areas of unstable conditions. These areas;:iwould be pinpointed or at least generally designated by the City's Seismic and Public Safety Elements now being completed. In the area of Conservation, primarily fire protection, the EQE would recommend that a water tank be con- structed at Galster Park and after review by the Fire Department perhaps a sprinkler system be included; that fire breaks be established in the hillside areas and a recommended plant list be adopted. The general feeling in talking with the Fire Department and landscape architects is that people generally plant material in the hillside areas that can cause erosion control problems and con• - tribute to fire hazards. Staff thought rather than having a program which would order people what to plant in hillside areas we would establish an educational program to tell the people exactly what types of plant materials are available that are low maintenance and can serve as erosion control and fire protection. It is recommended that structures on hanging overslopes be prohibited. In the area of recreation the first important policy recommended is for the City to adopt the establishing of a standard for neighborhood parks, calling for 1/6th to a 10 acre neighborhood park serving 6500 to 7000 persons with a half mile service radius and excluding from this criteria the PCD zone. As a=.result of this criteria it is recommended that new neighborhood parks be established.in the Sunset/Farmington. area; on Cameron Avenue west of Grand; and that some type of facilities be established at Hollencrest School. In addition the City will be receiving three neighborhood parks as a result of the Master Plan of Development for Woodside Village.) (Referred to maps on the display board and explained what is being proposed in the General plan for 1990 and what is being amended.) We also recommend Community Parks be established throughout the City in a ratio of 1 to every 20,000 persons and distributed in a manner that each area is serviced by a Community Park. It is proposed that a park standard of at least. I CITY COUNCIL Page Seven PUBLIC HEARINGS: EQE 1/27/75 20 acres be established "at Orangewood Park, Cortez Park, north of, the SB Freeway at Palmview Park. It is also recommended that a bike trail in the Flood Control Channel be established and hopefully connect with those in other cities to create a sub -regional bike • trail in the San Gabriel Valley and eventually connect up with the bike trail in the San Gabriel River Basin and eventually hook up to the St. Francis Dam. Scenic Highways.- staff looked at this as an opportunity for West Covina to designate certain roadways within the city as important roadways which. would receive a greater amount of landscaping and this would include Azusa Avenue, West Covina Parkway, which would be called Urban Scenic Highways, the extension of Maplegrove across Azusa Avenue, extension of Citrus as well as Hollenbeck. Staff feels in giving special treatment to these streets when entering West Covina you would immediately know you are in the City of West Covina and this would assist us in establishing identity as the Headquarters City of the San Gabriel Valley. The adoption of this element is not an end in itself, it is not the conclusion but rather a beginning. It is not a Council statement to staff that the work is now finished but rather a directive to staff to begin to implement those policies and programs set forth in this document. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE ENVIRONMENTAL QUALITY ELEMENT OF THE GENERAL PLAN. -THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST PUBLIC HEAPING CLOSED. COUNCIL DISCUSSION. (Council members felt this was quite a large volume of material and they needed more time to study it in further detail.. It was agreed to be held over with the Public Hearing reopened for further public testimony. City Attorney advised this would be in order.) Motion by Councilman Chappell to hold over to the next City Council meeting the Environmental Quality element of the General Plan with the Public Hearing reopened. Seconded by Councilman Tice and carried. ORAL COMMUNICATIONS Charles Krix I would like to take a few minutes to speak (Business) about smog as it affects the City and most 215 N. Azusa Ave., specifically the current flap over the smog West Covina device law which affects the City of West Covina as much or more than any other area in the L.A. Basin. If I may, there are 7, copies of a State Air Re- sources Board sheet here and I have underlined the one paragraph that I think is important to you gentlemen. There was also a letter which I think can be distributed to you later, sent out by the President of the Coalition for Clean Air, in which he detailed the progress of this whole affair as it transpired over a period of several years. This is available to you from the City Manager's office. This. California Air Resources Fact Sheet is something that has been in all Class A Service Stations, garages, and any place that can install smog devices. it is'an item that should be readily available to the public, however unfortunately it isn't. It summarizes what the Nox Device Law is. Smog is caused by the reaction of nox and hydro carbons in the sunlight. A lot of people aren't aware that those are the two elements of smog and that is it. It doesn't matter what else you throw in. The 1966/70 model cars have an exhaust which eliminates hydro carbons but they have no nitrogen oxide con-- - 7 - CITY COUNCIL Page Eight ORAL COMMUNICATIONS - Cont'd. 1/27/75 trols. That is why this law was thought up in the first place. All. the current devices reduce nox by 42/0 or more. By law the cost of an installation is limited to $35. Devices and related service can amount to less. • Briefly here is the facts that concern you people. The Nox Program is designed to immediately reduce air pollution. It isthe most readily available option to do this. (Explained) This means that a-ma,n that puts this device on his car will be doing twice as much in terms of what he is doing for cleaning up the air as a man that has bought a brand new 1974 car. The gasoline con- sumption may vary as little as 1% or less with some devices. The devices not only reduce nox by a minimum point of42% but also reduce hydro -carbons by 25% and carbon oxide by 13/ over and above what the car is being already reduced by the device already on it. If all the 1966 to 70 cars are equipped in this basin with the device this .year 100 tons of carbon monoxide pet day will be removed from the air each day. 80 tons of that in the L.A. County area. There were no cases of engine damage and no significant changes in the drivabil- ity in the 800+ state vehicles equipped with these devices according to an ARB report dated January 9, 1974. Most important to the City of West Covina, you are probably aware that the County of L.A. lost their suit against the ARB to stop the mandatory phase of this program because of supposedly discrimination against these 6 counties and to clear up this business about devices and do they cause smog, as a part of this trial there was a deposition submitted by a --------------- who is the head of the Emission Research Chemist Product Leader in the center for Environmental Protection Agency for the government and he is the man who wrote the book on which the LAPCD head based his testimony on the devices contributed to it by the fact we were producing nitro -oxide but not hydro -carbons at the same time. This was the thrust to clear up that point, the thrust of the testimony given by the L.A. County Control Board, was not that the devices themselves caused smog but because the program was slanted to reduce nitrogen -oxide and not reduce hydro -carbons in the exact proportions - one to one - therefore, it might create a problem. The man who wrote the book gave his testimony at the trial which the County lost and it says "Contrary to the L.A. County contention, control of nox is comparable to the control to be effect- ed by the nox - - program and only have a beneficial affect on the quality of air in the south coast air basin." Here is the important thing to the City of West Covina - -.the same evidence suggests that areas,:_downwind from L.A. areas in the eastern portions of the south coast basin will probably receive the maximum benefit affected by the nox reduction program. I would submit this for your consideration, whether you want to take a stand of endorsement on the program or do nothing, but don't be misled by some of the testimony which is not based on factual testimony, it would be a very beneficial program to the .City of West Covina and surrounding area. SMayor Shearer: Thank you. This may come to you as a surprise, but the City Council of West Covina has taken a stand in support of this issue - repeal•of the law. Obviously sometimes we can change our minds, but Council has taken that stand before your presentation. (Questions and answers followed between councilman Tice and Mr. Krix. Councilman Tice asked Mr. Krix if he had any direct conversation with.the LAPCD and he said "no, but I have read the testimony." Councilman Tice said he was in favor of the repeal CITY COUNCIL Page Nine OPAL COMMUNICATIONS - Cont'd. 1/27/75 of the law and stated his reasons.) Mayor Shearer; Mr. Krix, we appreciate your concern. It is obvious from the discussion that there is •major disagreement. We can pick up any paper and read of the major disagreement. If Council wishes to pursue this further - although I think it is a little deep for the City Council - although obviously it is of deep concern to the citizens. (Council indicated they did not wish to get involved in a matter that they really were not experts on.) Leroy Williams (Representing a group of Citizens present 509 E. Michelle in the Council Chambers) West Covina We would like something done about the conditions that exist on our street. This evening when we left there were no less than 6 cars parked on the street at one single family residence. There has been as many as 9 cars parked taking up space and ruining the City streets because they all leak oil. We would like to know what can be done to prohibit.overnight parking on this street. The police.have been called many times and I realize they only come when they are called - they mark the cars and as soon as they leave the cars are moved and then come back and stay for another 3 or 4 days. We would like to know what we can do, that is why we are here. The oil is ruining the city street, it is starting to eat up the asphalt. (Reported that a boat was parked in the yard, along with many car parts, etc.) Mayor Shearer: Mr. Williams, I am not that familiar with the various laws but I believe the law says if a car is not moved in 72 hours it can be tagged and if the car is moved it complies with the law. In regard to the boat on the lawn - Mr. Aiassa, can that be cited under some provision? Leaking oil on the street - I know at one time it was illegal to leak water on the streets in this City and we took care of that situation. It seems that anything that is being done that causes excessive damage to city streets should be abated - do you have a suggestion, Mr. Aiassa? Mr. Aiassa: I*would suggest that Mr. Williams get together with the Chairman of the Traffic Committee and the Chief of Police. Both are present tonight, and they can then report back to Council. Mayor Shearer: With regard to the ban on overnight parking - this has been discussed a number of times in the past on the part of Council and been re- jected. One of the many problems there is that you can't ban over- night parking just on the guy who owns 9 cars. If you ban overnight parking it affects the City, and that is where the problem for the five of us up here begins to surface. Mr. Williams: Couldn't there be some type of law that they have to move the cars the street sweeper off the street when comes through? We were six -weeks without even having our gutters swept. Mayor Shearer: Mr. Wakefield, you might do some research on this. We have laws in the City as to the humber of dogs a single family can have, the number of foster children you can have in your home - is it possible we can have a law that would be constitutional that would limit the number of vehicals that could be owned.iby a family living in one residence -- single .family. Mr.. Wakefield, can you look into this problem. I am sure this is probably a problem in other spots in the City also. CITY COUNCIL ORAL COMMUNICATIONS - Cont'd. Page Ten 1/27/75 In the meantime, Mr. Williams, if you would check with Mr. Zimmerman on the question of dripping oil, boats in the yard,'etc., Mr. Wakefield will study the possibility of an ordinance controlling this. (Mr. Wakefield said he ��n uld be glad to work with staff.) FRed Clark I live ri 904 E. Michelle complains West Covina gentlemen wish I co could look over the fence. It is yard. Automobile,parts of all so with grease, and all that junk bri wish any one of you gentlemen cou residents in some parts of West C not right. We all have a decent if we wanted to live in a pig pen said they bought that home becaus .night. j Resident I have a 912 E. Michelle transact West Covina that the from my their statements with regard to had any trouble with bugs before have had to have an exterminator ght next door to the people we are ng about. I am certain all of you are trying to run a clean city. I uld invite you to my yard so you la pig pen - an automobile junk its which are naturally contaminated ngs in rats, spiders, flies. I just ld look at it and see what the ovina have to put up with, which is home and try and keep it decent and we would have bought one. They e they can park on the street over - home the time and date of a sales on of a used part that I witnessed sold to somebody. I observed this ome. I can substantiate very much he filth in the back yard. We never but since they have moved there we - they have degraded the neighborhood. Mayor Shearer: The most ICouncil can do tonight is to instruct staff, as we have, to investigate the matter to see ii there are violations of existing ordinances and if there are to institute the necessary abatement process under the due process of law. We have also instructed the City Attorney to investigate to see if something might be done in regard to the parking. (Resident.of.912 made one further, statement: The Fire Department has been out there several times but nobody every answers the door when they are there. Resident at 908 E. Michelle went on record agreeing with statement made.) Mr. Aiassa: Mr. Mayor - with regard to the junk in the backyard - this will also be turned over to the citv's Abatement Bureau. (THE MAYOR CALLED A RECESS AT 8:�45 P.M. COUNCIL RECONVENED AT 9 P.M. CITY ATTORNEY ORDINANCE NO. 1262 The City Attorney presented: (Urgency) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA, CALIFORNIA, AMENDING SECTION 6235.6 OF CHAPTER 2 OF ARTICLE VI OF THE WEST COVINA MUNICIPAL CODE, RELATING TO BUSINESS LICENSE FEES APPLICABLE TO CERTAIN COIN -OPERATED VENDING MACHINES AND AMUSEMENT' DEVICES." Motion by Councilman Chappell., seconded by Councilman Miller and carried, to ,waive full reading of said ordinance. Motion by Councilman Chappell to introduce and adopt said urgency ordinance; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None - 10 - CITY COUNCIL Page Eleven CITY ATTORNEY- Cont'd._ 1/27/75 RESOLUTION NO. 5002 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, GRANTING A VARIANCE (VARIANCE APPLICATION NO. 711 - QUIEL BROS. SIGN CO. - MANDY WILLIAMS OLDSMOBILE)" Motion by Councilman Browne, seconded by Councilman Tice and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller, to adopt said resolution and carried on roll call vote as follows: AYES:. Browne,Miller, Tice, Shearer NOES: None ABSENT: None ABSTAIN: Chappell (Due to a conflict of interest) RESOLUTION NO. 5003 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DISAPPROVING PRECISE PLAN OF DESIGN NO. 665 ( H. A. GEIB) Motion by Councilman Browne, seconded by Councilman Miller and carried, to waive reading of resolution. Motion by Councilman Browne, seconded by Councilman Miller, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, Tice, Shearer NOES: Chappell ABSENT: None RESOLUTION NO. 5004 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO PLANNED COMMUNITY DEVELOP- MENT NO. 1 AND THE ENVIRONMENTAL IMPACT REPORT WITH REFERENCE THERETO. (Umark, Inc.) Motion by Councilman Browne, seconded by Councilman Miller and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None ACTION ITEMS FROM PERSONNEL BOARD MEETING OF JANUARY 14, 1975: (The City Attorney advised the next 5 resolutions may be moved on all at one time, if Council so desired.) RESOLUTION NO. 5005 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CLASS SPECIFICATIONS FOR T14E CLASS OF SUPERINTENDENT OF RECREATION AND COMMUNITY SERVICES, ESTABLISHING THE SALARY RANGE, AND SPECIFYING THE CLASSIFICATION AS EXEMPT." RESOLUTION NO. 5006 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RECREATING THE CLASS SPECIFICATIONS FOR THE CLASS OF PARK SUPERINTENDENT, ESTABLISHING THE SALARY RANGE THEREFOR, AND SPECIFYING THE CLASSIFICATION AS EXEMPT." CITY COUNCIL CITY ATTORNEY - Cont'd. Page.Twelve 1/27/75 RESOLUTION NO. 5007 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA, CALIFORNIA, APPROVING CLASS SPECIFICATIONS FOR THE CLASS OF ASSISTANT COMMUNITY REDEVELOPMENT COORDINATOR, ESTABLISH- ING SALARY RANGE THEREFOR, AND SPECIFYING THE CLASSIFICATION AS EXEMPT." RESOLUTION NO. 5008' "A RESOLU`.I'ION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CLASS SPECIFICATIONS FOR THE CLASS OF COMMUNITY PLANNER, ESTABLISHING THE SALARY RANGE THEREFOR, AND SPECIFYING THE CLASSIFICATION AS EXEMPT." RESOLUTION NO. 5009 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CLASS SPECIFICATIONS FOR THE CLASS OF MECHANIC AND ESTABLISHING THE SALARY RANGE THEREFOR." Motion by Councilman Tice to waive full reading of, the foregoing resolutions. Seconded by Councilman Browne and carried. Motion by Councilman Tice to adopt said foregoing resolutions. Second- ed by Councilman Miller and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None PROPOSED CAMERON AVENUE Mayor Shearer: I was present at the meeting PARK SITE of the Recreation and Parks Commission. This matter, as Councilrecalls, was referred to the Recreation and parks Commission for further consideration as a. result of some of the provisions of the agree- ment that the Covina Valley Unified School District approved and forwarded to Council for our execution. My main concern which was shared by members of Council, was the payment of a lease fee of $16,500 while waiting further.appraisal of the property due to some of the requirements of Proposition I. The agreement called for us, in addition to paying this, to guarantee that regardless of the appraisal that we would pay at least $130,000 or the appraisal price, whichever was higher. The Recreation and Parks Commission after considerable discussion on the matter voted 4 to 1 to recommend to Council that we not execute the agreement. The Commission did not take a position with regard to what they might recommend to us if at such time in the future the property was still available and 4:e had money available - they might still be in favor of purchasing the property. They did not take the position that they did not feel this was not a good park site. Their vote was placed primarily on the fact of paying $16,500 to guarantee that the property would be available at some minimum price but not a maximum price, that this was not good business. (Explained further) In the meantime if the School District does not find a buyer probably sometime in September or October with cash in hand and if the property is still available it could be considered at that time. The problem we are faced with is that there has to be an appraisal made after the State approves our request to utilize the City's portion of the bond money which won't be until September, possibly October. Under the law we cannot utilize that money to pay off any commitments or agreements that were made prior to them. approving the money. Once the approve the proposal then it has to be appraised. The School District says fine, but in order to hold the option to purchase, $16,500 is the price. - 12 • CITY COUNCIL CITY ATTORNEY - Cont'd. Paqe Thirteen 1/27/75 Motion by Councilman Tice not to execute the agreement for the proposed Cameron Avenue Park Site; seconded by Councilman Miller. (Councilman Chappell asked if staff will indicate the reasoning of Council. when contacting the School District and the Mayor stated a letter should be prepared for his signature outlining the reasons.) Motion carried. SUNSET SCHOOL CITY Mr. Wakefield: Mr. Mayor and members of FACILITY Pouncil, the actions (Staff Report) recommended by staff are outlined on the agenda and the staff report indicates there is a substantial difference between -the two appraisals, one made on behalf of the City and one made on behalf of the School District. In effect what staff recommends is that a third appraiser be hired and the fee be split between the School District and the City.to attempt to resolve the obvious discrepancies in the two appraisal reports. And the third item would be to authorize Frank Sata to proceed with the preliminary plans for the auditorium facilities. Mayor Shearer: Item A is to accept the appraisal of Verne Cox - I assume this thing becomes a matter of public record, although the price is not down here - is there any problem in accepting this? Mr. Wakefield; No, there is no problem in accepting the appraisal report and authorizing payment. .Mayor Shearer: My understanding is that the appraisal price from Mr. :Cox for Sunset School is $619,700. The West Covina School District has not made public the results of their appraisal. Motion by Councilman Chappell to pay to Mr. Verne Cox the sum of $1650.'for an appraisal and accept same; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None Councilman Chappell: Mr. Mayor, prior to acting on Item b, I have a few questions. Is it a violation of law that representatives of two bodies sit down and see if they can work out some sort of a compromise? Mr. Wakefield: Mr. Mayor - no violation of law is involved. It is simply the practical problem that exists when two public agencies attempt to deal with each other in a situation like this. The School Board and the City Council each being respectively charged with acting in the best interests of their own entity these kinds of conflicts do arise. I think the recommendation for the appointment of a third appraiser is directly not so much at arriving at a third figure but simply to attempt to reconcile the differences in the two appraisal reports, and hopefully all three appraisers could then come back with a recommendation as to the fair market value of the school site and it would then be up to the City Council and the School Board to negotiate a satisfactory resolution to the matter. Councilman Chappell: We paid $1650 for our School. District paid and now we are being appraisal, the something for theirs, asked to pay half of - 13. - CITY COUNCIL Page Fourteen CITY ATTORNEY - Cont'd. 1/27/75 $2800 for a third appraiser. Is there someone else that might give us a lower bid than $2800. to make this third appraisal? Mayor Shearer: And along that same line - has any contact been made with the School_ District or are we unilaterally saying we want to hire Mr. Whittlesey - as the report says he is acceptable to the two appraisers but is he acceptable to the School District and are they amenable to paying half the price? (Mr. Aiassa advised "we have a commitment from the School District to that effect.) (Councilmen agreed with Councilman Chappell - to try for a sit down talk first.) Councilman Chappell: Mr. Mayor - do we visualize the fact that we would even raise the $6191000 that our own appraiser has come in with? Is this so far out of line - if it is then I say we negotiate with the School District for a much lesser price than even our appraiser has come in with rather than abandoning the project after paying half of the cost of the third appraisal. We may have come up with a figure that is unattainable. Councilman Browne: I think too we have to take into consideration Item 3 - where we are being asked to approve Frank Sata's fee of $12,000. Right now I think we are biting off more than we can chew. I think we should do some negotiating with the School District to attempt. to evaluate the two prposals. Mayor Shearer: Mr. Wakefield, can the two bodies by law meet in a joint session to discuss this or would we have to designate a committee of.two to meet with the School District? Mr. Wakefield: No, the two bodies could meet together in a joint session at such time as might be mutually agreeable. Mayor Shearer: I would suggest that the two bodies as a whole meet to explore this. I think we might as well get it out in the open - - we have a considerably diversion of appraisals and people in the community have raised the question that we paid for that school site once why do we have to pay for it again? I recognize and appreciate the position of the School District but these are some of the questions the people are asking so I think we might as well get together collectively if agreeable with the School District and make the offer and if accepted fine, and if rejected we will just let nature take its course. Motion by Councilman Chappell to invite the West Covina School District officials to meet with City Council and discuss this matter. (.Councilman Chappell further stated prior to the meeting he felt we should get our resources together as to what we can or cannot do. With. -an election coming in March - I don't know how they will feel - they have three openings. ) Motion seconded by Councilman Tice and carried. (Mayor,Shearer said he would contact the Chairman of the School Board.) Motion by Councilman Chappell to hold up the additional. expenditure to Frank Sata for the preliminary design work until Council has - 14 - CITY COUNCIL Page Fifteen CITY ATTORNEY - Cont'd. 1/27/75 a meeting with the West Covina Unified School District, unless staff has some good reasons why we 5.houldn't. Mayor Shearer; The reason why we should or should not is tied in with the election we have in May - the bond issue, if we should go that route. My feeling at this time is drop completely the discussion of the gymnasium to go on a piece of property that we don't know whether we are going to be able to pay for or buy. I think if we can arrange the purchase of the property, or a lease arrangement, that will be a big enough bite for us to take at this time. There are facilities there that can be utilized as they stand with some modifications and remodeling. I would go along with the motion not just necessarily to hold over but drop the dis- cussion. We do have a motion on the floor - Mr. _Wakefield, will. you restate the motion? Mr. Wakefield: The motion was to hold Item C until such time as a joint meeting is proposed and the question of the City's availability of financing the school site is resolved. Seconded by Councilman Browne and carried. OWEN MENARD & ASSOC., Mr. Wakefield: The Staff Report recommends CONTRACT the approval and authority for the Mayor_ to execute the contract with Owen Menard and Associates for the purpose of updating the General Plan. The contract is recommended by the Planning Com- mission. Councilman Browne: Mr. Mayor, I move to approve. However, here again I think through these mandates by State Legislature they are certainly placing the burden on the lower districts to camply. Just a few years ago we spent thousands of dollars on the General Plan because of State Legislation and five years later we have to update it'and spend this kind of money on it. This does not make sense to me. I would hope some communication could be made with our legislative body that when they mandate expenditures that provisions will be forthcoming. Motion seconded by Councilman Miller, and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None NYPUM PROGRAM Motion by Councilman Miller to appropriate (Staff Report) $2500. from revenue sharing funds for the establishment of a NYPUM program in,the Recreation and Parks Department; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None RESOLUTION NO. 5010 The City Attorney presented: -ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CLASS SPECIFICATIONS FOR THE CLASS OF NYPUM PROGRAM DIRECTOR AND NYPUM OUTREACH WORKER, AND ESTABLISHING THE SALARY RANGES THEREFOR." - 15 - CITY COUiCLL CITY ATTORNEY - Cont'd. Page Sixteen 1/27/75 RESOLUTION NO. 5011 The City Attorney presented: ADOPTED "A RESOLUTION OF TI-M CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING NYPUM TO PROVIDE ASSISTP.NCE IN ESTABLISHING A NATIONAL YOUTH PROJECT USING MINIBIKES (NYPUM) UNIT IN WEST COVINA." Motion by Councilman. Tice, seconded by Councilman Chappell and carried, to waive full reading of said resolutions. Motion by Councilman Chappell_, seconded by Councilman Browne, to adopt said resolutions. Councilman Miller: Mr. Mayor, a question. In the first resolu- tion there is no guideline as to how old this individual may be to be the director. I have some reservations because in establishing the second resolution that person must be 21 years old but in approving the first resolution at this point it doesn't stipulate an age bracket for hiring. Are we looking at someone that is 19/20 coming in as director and then some- one over 21 as back up assistant? True we are trying to deal with a peer level within reason because these kids are going to be from 11 to 15 so I assume we are looking at a younger individual from 18 on up, but expertise must come in also. If we are really trying to get down to the problem then it is obvious that the director would be a person that could coordinate this type of a program, someone with a back- ground of some college, preferably a junior at least. (Mr. Wakefield pointed out in the Job Summary under Training and Experience it reads: "High school education mandatory and some college preferred. One year of experience in working with adolescent youth for the Director. Council discussed further; Mr. Wakefield was asked if this was a requirement by law.) Mr. Wakefield: Mr. Mayor and members of Council, we have two kinds of regulations that become involved here. One is under the Federal Fair Labor Standards Act that prohibits certain age discrimination but generally in the middle age bracket, designed to prevent public agencies from forcing individuals into early retirement. The law in the State of California simply prohibits discrimination account of age, sex, color and some other things, and really there is no limit established in the statute with respect to age discrimination. I think the test actually is whether or not the age requirement is specifically related to the job to be performed and as Councilman Chappell has pointed out, if experience in dealing with young people is a basic requirement for the job then perhaps the age requirement is appropriate. The difficulty I think comes from the fact that we establish no age requirement for the Program Director and yet we have that age requirement for the out- reach worker - so how the two are designed to fit together I don't know. Mayor Shearer: I do see some variances. For example, under the Program Director experience and education is more specifically defined which would almost mandate someone being 21 years old. He has to finish high school., one year of experience, some college, etc., whereas under tre outreach worker qualifications it merely says "high school education preferred' some college desirable. On that basis my 14 year old son would meet the qualifications because he has some high school. I take it that is what they are trying to get in here, eliminate that type of appli- cant, someone who obviously is .too young but does meet the minimum. He may not meet some'of the knowledge and abilities but he meets those of training and experience. - 16 - CITY COUNCIL CITT ATTORNEY - Cont'd. Page Seventeen 1/27/75 (Councilman Miller asked if the age limit can actually be set - is there discrimination? The Mayor pointed out according to the City attorney it is discriminating but legal discriminating. Mr. Wakefield said "yes, it is legally justified simply because . there is -a deep relationship between the age requirements and a specific job to be performed by the holder of.the position." Councilman Browne asked if staff had explored anybody with the qualifications for Director, perhaps the young man that had pre- sented the program at the Human Relations Commission meeting?) Mr. Zimmerman: Mr. Mayor and members of Council, the job specifications were designed to fit the requirements of the program which is a national program but using the QUA personnel. The consultants on this, the District Director_ - Joe Montez - he reviewed the job specifications (as a matter of fact he made two trips down here), along with other people that have been operating the program for several years. We feel there is a problem in hiring these people under these specifications which we hope we won't encounter in that CETA. requires them to be local residents and also I believe there is a limit on the salary. This was all taken into account in preparing the specifications and evidently this type of individual has worked successfully in other units now in operation. Councilman Tice: Mr. Mayor, the wording "high school education mandatory", it seems to me going back to my time on the Personnel Board,_ that we did make some changes in that regard - a high school education or equivalent. Which would take in the GED test. I would suggest that this change be considered. Mayor Shearer: We had a motion to approve so that motion would have to be amended to modify the Director classification to read "a high school education or equivalent." Motion.by Councilman Tice to amend the motion to read "a high school education or equivalent." Seconded by Mayor Shearer and carried on roll call vote as follows: AYES: Browne; Tice, Shearer NOES: Miller, Chappell ABSENT: None Main motion to adopt as amended carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: Miller ABSENT: None PROPOSITION 9 Mr. Wakefield: Mr. Mayor_ and members of FILING REQUIREMENTS Council, at the request (Informational Report) . of the City Manager I prepared a short summary of some of the pertinent requirements in connection with the first filing necessary under Proposition 9. As you will recall that filing must be made by February o and it deals primarily at this point in time with Eovefiants and ownership of real property. Forms have been provided to you by the City Clerk. The purpose of the supplemental memorandum was to try and fill in some of the gaps and. answer in advance some of the questions you might have. It requires no action. Mayor Shearer: Are there any questions? I have one, not on this filing, but is it true that under some other act we have another filing to make by April 30? - 17 - CITY COUNCIL Page Eighteen CITY ATTORNEY - Cont'.d. 1/27/75 Mr. Wakefield: Mr. Mayor and members of Council, there are two filings that are in the offing. There is some feeling among the representatives of the League of California Cities that an additional filing is •required in connection with the campaign disclosure law and that filing is due January 31. It is my belief that the provisions of Proposition 9 which says only in general terms that the provisions of that proposition supersede any existing law which is in conflict with its provisions, you have in effect superseded the filing re- quirement that is due January 31 and that that filing need not be made. On the other hand there is a filing required under the Disclosure of Assets Law, the so-called Mosconi law, that is due April 1. The League of California Cities has caused to be intro- duced in the legislature a bill designed to eliminate that filing and in effect suspend the Mosconi act and would so long as Proposi- tion 9 is in effect. If that legislation is successful in the legislature hopefully it will be passed before the April 1 deadline arrives. You will recall that the -original ' Mosconi law was suspended by the State Supreme Court, they decided inJuly the act was consti.= tution al and ordered the filing required as of April 1 be'made during the month of September and'this supplemental filing'is designed to:-.. bring the reporting procedure from the date of the last filing up to the April 1 date, which is the annual period for filing Disclosure of Assets. In the way of advice the best I can offer to you is to keep you advised. MAYOR SHEARER'S REQUEST Mr. Wakefield: Mr. Mayor and members FOR SUGGESTIONS FOR of �'ouncil, this has WAYS A CITY AND SCHOOL reference to the DISTRICT MAY COOPERATE memorandum referred to previously about IN PROVIDING PUBLIC some of the options available to the city RECREATIONAL FACILITIES and school district in providing for AND PROGRAMS a community cooperative recreation program (Report) involving the school site which was dis- cussed earlier this evening. As Mayor Shearer has indicated, there are all kinds of possibilities available through a community recreation agreement- in terms of how the school "site can be made available to the city for long or short term use, how the cost of the program will be divided between the city and the school district, etc. As a matter of fact the combinations avail- able are limited only by the imagination of those that conceive the program and develop it. Insofar as the disposal of the property of the school site by the school board is concerned there are special. provisions in the educational code which permit a school board to sell or lease so-called surplus property, property not required for school class purposes, to another public agency upon such terms and conditions as may be agreed upon. These are quite different than the require- ments recently adopted in the government code with reference to the sale of surplus school. property to other public agencies at its fair market value. The difference basically between the two summations is if the school district sells its property to another public agency at its fair market value then it can do it by majority vote, if it sells for something less than fair market value or leases it for a long term use at a normal or reasonable rental then it requires an unanimous vote of the school board. (Mr. Wakefield advised the Mayor he had two additional items.to add to his Agenda. Permission. given.) EXECUTIVE ASSISTANT Mr. Wakefield; This item relates to the SALARY establishment of a salary range for the Executive Assistant position in the City Manager's office which requires the adoption of a resolution. 18 - CITY COUNCIL CITY ATTORNEY - Cont'd. RESOLUTION NO. 5012 ADOPTED "A RESOLUTION OF OF WEST CO VINA, 9 OF RESOLUTION ED POSITIONS IN Page Nineteen 1/27/75 THE CITY COUNCIL OF THE CITY CALIFORNIA, AMENDING SECTION 1277 RELATING TO THE AUTHORIZ- THE CITY MANAGER'S DEPARTMENT." Motion by Councilman Browne, seconded by Councilman Miller and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None RESOLUTION NO. 5013 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA,CALIFORNIA, AMENDING RESOLUTION 1277 RELATING TO DEPARTMENT HEAD RANGE AND FLAT RATE POSITION SALARY." Motion by Councilman Browne, seconded by Councilman Miller and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, -Chappell, Tice, Shearer NOES: None ABSENT: None THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 10,:04 PM FOR THE. PURPOSE OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING. CITY COUNCIL RECONVENED AT 10:07 P.M. CITY MANAGER COMMUNITY DEVELOPMENT Mayor Shearer:. I see from the staff report APPLICATION PUBLIC that it is suggested the HEARINGS hearings be held on (Staff Report) February 10 and 24, which are our regular meet- ing nights. My question is do you anticipate a long agenda - perhaps other public hearings? If not, then it is a fine date but if you anticipate considerable input then perhaps we should consider other dates. Gus Salazar: Mr. Mayor, it is difficult to determine the amount of input or the number of people that might be coming to the February 10 meeting. It is designated as a Public Hearing item. I do think you will have more than what you did have at the environmental element hearing. Slide has prepared a slide show that hopefully will speed up the analysis of the draft of the application. I visualize a hearing of one hour duration. (Council discussed the possibility of setting the hearings on a Monday other than Council meeting Mondays; decided to leave it as it was set up by staff and if it looked life a.very long night the matter could be continued.) Motion by Councilman Chappell, seconded by Councilman. Browne and carried, to set up the public hearing dates as of February 10 and 241 1975; (Communi:ty Development Application hearings). (The Mayor asked that he be contacted and briefed on this matter prior to the hearings; Councilmen said they would also like, to be contacted and briefed. Mr. Salazar said he would get i t up.) - 19 - CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty 1/27/75 SURPLUS LAND FOR SALE (The Planning Director explained this is an BY CALTRANS informational report to bring Council uptodate (Staff Report) as to what is happening to the approximate 222 parcels of excess freeway land the State is • trying to sell- and which do pose some problems. We will continue to keep Council informed.) Motion by. Councilman Tice, seconded by Councilman Chappell to receive and file report. Councilman Browne: Mr. Mayor, a question. It was stated in the report and I believe it was brought out at the Planning.Commission hearings that there were several parcels considered substandard - to what degree will these present a problem to the City? (The Planning Director said he had some slides if Council wanted to see them; there are several parcels as referred to in the staff report where the setbacks range anywhere from 3' to 17' and the availability of parking in the garage and driveways is severely restricted. Anybed.y that proceeds to buy these properties are buying on the basis that they are nonconforming pieces of property and if there is a fire or an act of God destruction and the structure is destroyed they cannot be rebuilt. Staff has been trying to advise and get this information through the Real Estate Division of the State the idea that they are passing on the burden they created to the private sector. The homes are really not that well maintained and could lead to more absentee ownership. (Explained in further detail some of the substandard pieces of property) Councilman Browne: It is unconceivable to me that when the State came in to widen the freeway that there was not an understanding between both parties with regard to the zoning standards, etc. They should have taken into consideration all of this at the time the widening was started. By just looking at this we are creating a blight. In the future is there any way of overcoming or preventing this posi- tion that prevails, possibly by something in the General Plan precisely spelling out the guidelines.. (The Planning Director said that was one way and it could also be part of the execution of a freeway agreement. The City Engineer also stated this was all done prior to any national or state environ- mental laws and possibly in the future these things can be taken care of; also there was a staff committee set up, at the request of the State, to recommend to the State the deposition of these parcels and we gave them our recommendations but they also had their own policies that they had to follow and that was the problem; he thought these policies had now been changed.) Councilman Browne: Perhaps a little community pressure to our legislators regarding the conditions that do prevail might help them.to inquire and try and prevent some of these things happening in the future. I think this City should go on record as being not in accord with past actions and give recommendations for future actions. Would these pieces be prevented under our existing ordinances from any upgrading or expansion of the property? Mr. Miller: They can be improved exteriorwise or interiorwise, but if they are not up to standard they cannot.be'tebuilt or added to. (Went on to explain saying staff has notified everyone that they could and at the time of the sale of the properties prospective buyers are advised. Most parties have been taking the time to contact staff to hind out - 20 - CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty-one 1/27/75 what the precise information is on a specific piece and more than one has withdrawn his bid after finding out. Motion carried. • PERSONNEL MATTERS AND Motion by Councilman Chappell to approve PERSONNEL BOARD extension of Provisional Appointment of ACTION ITEMS. Yvonne Calmes to Junior Accountant from (Staff Reports) January 1, 1975 to March 31., 1975. Seconded by Councilman Tice and carried. Motion by Councilman Tice to approve extension of Provisional Appointment of Lew Cochneuer to Communications Technician from November 6, 1974 to February 3, 1975; seconded by Councilman Miller and carried. Motion by Councilman Chappell to approve request for extension of Leave of Absence without pay for an additional six-month period beginning February 1, 1975 - Ja.mes Thomasee. Seconded by Councilman Miller and carried. APPROVAL OF CETA Motion by Councilman Chappell to approve TITLE VI PROPOSAL CETA, Title VI proposal as submitted. (Staff Report) Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None OPERATION INCREASED Motion by Cou=ilman Tice, seconded by ATTENDANCE Councilman Chappell and carried, to receive (Staff Report) and file this,report. B.K.K. STATUS REPORT (The City Manager called to the Council's attention the fact that there were'still some items that B.K.K. have not complied with. Further_ advised that staff_ is handling this with B.K.K.) McKEE MANAGEMENT Mr. Aiassa: This item was carried over from CENTER PROPOSAL TO our last Council meeting and SURVEY POLICE DEPART- it has been discussed with MENT OPERATIONS Mr. Fast. I would like to have Council (Staff Report) authorization for the City Manager to proceed with negotiations along the lines explained in the staff report and bring the proposed. contract back to Council for Council approval. So moved by Councilman Chappell, seconded by Councilman Browne and carried. SEISMIC & SAFETY Motion by Councilman Chappell, seconded by ELEMENT PROGRESS Councilman Tice and carried, to receive and (Informational Report) file informational report. PROPOSED COUNTY ZONE LOCATION: Southeast corner of Azusa and CHANGE NO. 6091-.(1) Temple Avenues. (Informational Report) (Councilman Tice asked why the County has to go to a C-3 zone which is heavy commercial in order to permit a motorcycle reta.i.l store on the premises. The Planning Director explained that the PD Overlay - 21 - 0 CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty-two 1/27/75 would apply and will restrict certain uses. (Explained) Stated the PD Overlay requires a. specific plot plan and specific list of uses, where if they got a blank C-3 they could come in with anything listed in C- 3 . ) • Motion by Councilman Tice to receive and file the informational report; seconded by Councilman Miller and carried. FREEWAY LANDSCAPING Motion by Councilman Tice, seconded by Council - AGREEMENT - PROGRESS man Miller and carried, to receive and file. REPORT (Informational) MAYOR'S REPORTS Mayor Shearer: We have a request from the Youth Advisory Commission requesting Council permission for them to support a particular piece of legislation. Mr. Wakefield, is action on the part of Council required. in this case to allow the Youth Advisory Cortimission to take a stand. on legislation? Mr. Wakefield: Mr. Mayor, as I understand the policy that has been followed in the past with reference to -legislative matters was that no individual or Commission was to take action with respect to pending legislation without permission from City Council. Mayor Shearer: I think that would be appropriate if the Commission was going to represent the City. I am a little concerned here to have to say to these young people you have to come to us first before you can take a particular stand on legislation. Mr. Wakefield: That was my interpretation of the matter, Mr. Mayor. That if the Youth Advisory Commission of the City of West Covina wishes to advocate to members of the legislature that the bill be favorably considered then I think really what they are doing is speaking for the City in connection with what is essentially a policy matter. Obviously if the individuals who mace up the Commission want to write to their representatives individually or collectively they may do so; it is only as members of the Youth Advisory Commission that I assumed the policy covered. (Councilman Tice expressed a desire to know more about the bill'; Councilman Miller stated it is somewhat general according to their report but overall it does basically spell out what their feeling is and that they are trying to join other Commissions in this; and from what he has seen of the Commission in the past he commends them for this.) Mayor Shearer: It would seem to me that without specifically debating the pros and cons of the particular bill that a stand by the Youth Advisory Commission would not necessarily be a stand by the City Council, and -for us to say we have to agree with the Youth Advisory Commission as a body before they can take astand to me that runs somewhat con- trary to the intent of the Commissions. Now if they were asking City Council to take a stand on it that would be one thing. I would be in favor now of authorizing them to express their views as a Commission on this particular piece of legislation with the understanding that it was from the Commission and not from the City Council. - 22 - CITY COUNCIL Page Twenty-three MAYOR'S REPORTS - Cont'd. 1/27/75 Motion by Councilman Browne to approve the request to allow the Youth Advisory Commission to express their opinions with regard to Assembly Bill 207 as the Youth Advisory Commission of the City of • West Covina; seconded by Councilman Miller and carried. COUNCILMEN'S REPORTS/ Councilman Tice: Mr. Mayor, I would like COMMENTS to request that Council pass a Resolution commending Mr. Bailey Kerr of. the Suburban Water Company, who retired last Friday. He has been very active in community affairs. (Council discussed and thought perhaps a City tile would be more appropriate.) Motion by Councilman Tice that a city tile of commendation be presented to Bailey Kerr on his retirement; seconded by Councilman Chappell and carried. nVMAVnQ carried on roll call AYES: NOES: ABSENT: ADJOURNMENT ATTEST: CITY CLERK Motion by Councilman Chappell to approve Demands totalling $6491810.07 as listed on Demand,Sheets C1035 through 1038 and B3654A. Seconded by Councilman Tice and vote as follows: Browne, Miller, Chappell, Tice, Shearer None None Motion by Councilman Chappell, seconded by Councilman Miller and carried, to adjourn meeting at 10:43 P.M. APPROVED: MAYOR - 23 -