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06-09-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JUNE 9, 1975. The regular meeting of the City Council called to order at 7:33 P.M. in the West Covina Council Chambers by Mayor Ken Chappell. The Pledge of Allegiance was led by Councilman Herb Tice; the invocation was given by Councilman Chester Shearer. ROLL CALL Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Leonard Eliot, Controller George Zimmerman, Public Service Dir., Michael Miller, Planning Director John Lippitt, City Engineer Gus Salazar, Redevelopment Coordinator Craig Meacham, Deputy Police Chief Cal Wetherbee, Fire Chief Janet Williams, Administrative Analyst Eric Cohen, Staff Reporter — Sentinel Mark Landsbaum, Staff Reporter — S.G.V.D.T. Gloria Davidson, Deputy City Clerk Ramon Diaz, Ass't. Planning Director APPROVAL OF MINUTES Motion by Councilman Tice, seconded by Councilman Browne to approve minutes of May 19, 1975 and May 27, 1975. Mayor Chappell requested a correction in the May 27 minutes, page 29 with reference to plaque presentation to a Mr."Maxon!', whose name was misspelled. Correct spelling is Willis Maxson. Minutes approved as corrected on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PRESENTATION Mayor Chappell presented a city plaque to resigning Commissioner Renee Futter of the Youth Advisory Commission in appreciation of her services while on the Commission for the past 3 years. CONSENT CALENDAR The Mayor explained the procedure of the Consent Calendar items and asked if there were any comments on any of the following items: • 1. WRITTEN COMMUNICATIONS a) ASSEMBLYMAN Re Assembly Bill 1246 — transportation WALTER M. INGALLS planning process. (Refer to Staff and City Attorney) b) THE ROYAL CANADIAN Requesting permission to have two fire — LEGION S.G.V. POST 167 works stands in the City. (Approved in prior years. Recommend approval subject to T.U.P. Procedure) CITY COUNCIL CONSENT CALENDAR - Cont'd. c) BOB MAC WUINNEY 419 N. La Sena Avenue 2. PLANNING COMMISSION SUMMARY OF ACTION 3. RECREATION & PARKS COMM. SUMMARY OF ACTION 4. PERSONNEL BOARD MINUTES 5.' YOUTH ADVISORY COMM. Page Two 6/9/75 Submitted petition representing eleven residences objectin to auto repair at 2001 Padre Drive. ?Refer to Staff) June 49 1975. (Accept and file) May 28, 1975. (Accept and file) April 17, 1975. (Adj. Reg. Mtg.) April 28, 1975. (Spec. Mtg.) (Receive and file) a) CRYSTAL TEXEIRA Letter of resignation. (Receive and file) b) RENEE FUTTER Letter expressing appreciation on be- half of the Youth Advisory Commission of Council's support for the Juvenile Justice Conference. (Receive and file) 6. ABC APPLICATIONS: a) Oaklis Wayne Harper 2272 Dominquez Torrance, Ca. b) Matilda Josephine Giner & 1375 W. Camino Del Sur San Dimas, Ca. Daniel Marquez 1327 Mossberg West Covina, Ca. Chief of Police recommends NO PROTEST. dba THE MINE SHAFT 971-A S. Glendora Ave. dba GI GI'S 2646 E. Garvey Avenue 7. CLAIM FOR DAMAGES FILED WITH CITY CLERK a) LETA MAE MINEHAN Re traffic accident at Sunset Avenue 400 N. Willow Ave. and West Covina Parkway due to mal- West Covina functioning traffic signal. (Deny and refer to City Attorney and In- surance Carrier) 8. PARADE PERMIT APPLICATION WEST COVINA INVITATIONAL Request waiver of $25.00 application INDEPENDENCE DAY PARADE fee and $5,000 bond. (Approved in COMMITTEE prior years. Recommend approval sub- ject to Staff recommendations) • Motion by Councilman Shearer to approve Consent Calendar items 1 through 8; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None A. - 2 - CITY COUNCIL Page Three GENERAL AGENDA ITEMS 6/9/75 AWARD OF BIDS PROJECTS TS-75005 and LOCATION: California Avenue at West SP-75006 Covina Parkway; Vincent Avenue - San TRAFFIC SIGNAL EQUIPMENT Bernardino Freeway to Walnut Creek Wash. Bids received in the Office of the City Clerk up to 10:90 A.M., on Wednesday, June 4, 1975, and thereafter publicly opened and read. Bids received as follows: Multisonics, Inc. $719687.00 Traconex, Inc. 75,749.00 Singer Company 789908.00 Motion by Councilman Browne to accept the low bid of Multisonics, Inc., of San Ramon, California and authorize the Mayor and City Clerk to execute an agreement with the vendor for furnishing the signal equip- ment; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PUBLIC WORKS PRECISE PLAN 247 "LOCATION: Mobeck, Fernwood, Charlinda CHURCH OF JESUS CHRIST Streets. OF LATTER DAY SAINTS (Council reviewed Engineer's report) Motion by Councilman Tice to authorize release of United States Fidelity and Guaranty Company Subdivision Bond No. 69118-12-213A in the amount of $2,000; seconded by Councilman Shearer and carried. TRACT NO. 32580 LOCATION: Intersection of Gemini Street APPROVE FINAL MAP and ShadowOak Drive. DONALD L. BREN COMPANY (Council reviewed Engineer's report) RESOLUTION NO. 5062 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROV- ING THE FINAL SUBDIVISION MAP OF TRACT 32580, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME. Motion by Councilman Shearer to waive full reading of said resolution; seconded by Councilman Miller and carried. Motion by Councilman Shearer to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PRESENTATION BY WEST COVINA CHAMBER OF COMMERCE John Gunn, President Mr. Mayor and members of the Council, • W.C. Chamber of Commerce you have a brief report that will take us through the first eleven months of this year. While it is far from being complete the report you will receive the latter part of July will be the end report and you will find it far more complete than this one. We have detailed a number of things by way of our agreement and contract with you that have been - 3 - CITY COUNCIL Page Four PRESENTATION BY W.C. CHAMBER OF COMMERCE 6/9/75 completed. E.`- y one of the items requested in terms of our agreement have been fulfilled or are in the process of being ful— filled. You will notice Item 1 indicates the retail trade promo— tions that have been going on. The last one will be completed after our year is closed on July 4th, but the bulk of the work will be done . prior to that date. Special Projects indicate a number of things I 'know you are all interested in, the fireworks show being one, L.A. County Fair another, where last year we took first place in cities up to 100,000 and anticipate doing the same this year; Miss West Covina Pageant and the Bi—Centennial and others that you will recognize as not being included such as the Citizen of the Year involvement, the RTD and other things having to do with transporta— tion; the economic development material, along with two or three other items that I think most of you have seen or will see at�our Annual Report time. We have a number of things taking place in our community, most of them in terms of new business that have come in in the last few weeks. To sum it up we have gained over seventy new business members this year, which brings us now to 360 active and official members. The primary reason for our request to be with you was enunciated in our letter of May 5, that is the discussion of two primary items and a couple of secondary items. The Bi— Centennial Program which you had given to us to bring to the point of asking for approval and that has been done and accomplished and next Saturday the flag will be raised here. The next item is the Sister City Program which needs some immediate action and resolution. We would feel these kinds of things are not public hearing matters and we would appreciate if the Council or Council representatives would meet with us to resolve these important matters. That completes our report — if you have any'questions? Mayor Chappell thanked Mr. Gunn for the report and inquired of Council with regard to their preferences for either an evening meeting date for the entire Council or appoint the Mayor and Mayor Pro tem to meet with the Chamber in an early after— noon meeting and go over this with the representatives of the Chamber and report back to Council. Councilmen stated they had no preference, either way. The Mayor appointed himself and Councilman Browne and said they would meet as quickly as possible. CITY ATTORNEY COOPERATIVE AGREEMENT Mr. Wakefield: Mr. Mayor and members WITH L.A. COUNTY FLOOD of Council, this item CONTROL DISTRICT relates to a series (Staff Report) of proposed actions with reference to the proposed . equestrian , trail. The first item involves the approval of the Environmental Impact Report covering the proposed trail; the report has been prepared by staff, approved by the Planning Commission and recommended to City Council for final approval. A resolution is required for that purpose. Mayor Chappell said he had a petition • before him pertaining to the equestrian trail and because of the number of people in the audience that possibly wanted to speak on this subject suggested it be held over until after the Public Hearing matters were disposed of. Council agreed. — 4 — CITY COUNCIL . Page Five CITY ATTORNEY AGENDA - Cont'd. 6/9/75 RESOLUTION The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING AMENDMENT NO. 1975-3 THE HOUSING ELEMENT OF.THE. GENERAL PLAN OF THE.CITY OF WEST COVINA. (Planning Commission Resolution.No. 2587) Motion by Councilman Miller to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Browne and carried on roll. call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None COVINA-VALLEY UNIFIED Mr. Wakefield stated this is a proposed SCHOOL DISTRICT TRASH amendment to the existing agreement REMOVAL AGREEMENT between the Covina -Valley Unified School (Staff Report) District and the City of West Covina for the collection of trash. The present agreement expires on June 30, 1975; the revision would extend the con- tract for an additional five years and increase the charge for the services from $33 to $37 per month. Motion by Councilman Tice to approve said agreement; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None AUTHORIZATION FOR CITY Mr. Wakefield: Mr. Mayor and members ATTORNEY TO REVIEW WEST of Council, there COVINA DISPOSAL CONTRACT seems to be some con- fusion with reference to the provisions of the recently negotiated agreement by the City and the West Covina Disposal Company for the pick up of rubbish too large to go in the regular weekly pick up and to be placed in the containers that are provided. The contract as it is amended continues the same provisions that were in the previous con- tract for an annual Clean-up, Pick-up Week during the year in which the contractor agrees to pick up certain large items like sofas, refrigerators, etc., without charge during that week. At the time the proposal was made for the revision of the contract the contract- or proposed that the Annual Pick -Up, Clean -Up Week program be abandoned and that there be substituted in its place a provision in the contract which would require the contractor to pick up items of that sort at anytime upon a telephone request from the person having the item to dbpose of. It is my understanding there has been a desire expressed not only to continue the present Clean -Up Week Program but also include in the agreement the provision for the pick-up of large items upon.r'equest. The item simply seeks direction from the Council as to your desire before going back to the contractor. of having both,feeling that itomightmen be somewhatdethe pros an xpensive for then contractor but agreeing if possible they.would like to have it both • ways. The Mayor asked Councilman Browne, who had sat in on the meet- ing with the contractor, if he thought the contractor might agree to both and Councilman Browne replied "I think he would be receptive to any suggestions the Council might have; I would suggest we go back and speak with him. Council agreed that the possibility of having items picked up on call and also having the Clean -Up Week Program be discussed with the contractor.) - 5 - CITY COUNCIL W.C. DISPOSAL_CONTRACT Page Six 6/9/75 Councilman Miller: there be an additional How does this affect the rate? If he does it for one week at no charge and then does it throughout the year would charge? Mr. Wakefield: No, I don't believe there would. The practice generally among refuse con- tractors has been to propose the regular pick up of items of this sort rather than doing it all in.one week because of the reasons that Councilman Shearer has suggested, it requires the hiring of extra equipment and the paying of overtime. I think if the contractor is willing to do it on both bases it would be without an additional charge. Mayor Chappell: I think the Council's thoughts are that we would like to have you reapproach the contract with the idea of having the Clean-up Week Program every other year nd the picking up of the larger pieces on a call-up basis by the citizen - they call in a request and he tells them when it will be picked up. So moved by Councilman Browne; seconded by Councilman Tice and carried. HEARINGS STREET VACATION Hearing of protest's or objections set WOODLANE DRIVE for May 27, 1975 by Resolution No. TRACT NO. 31095 5048 adopted April 28, 1975. Held over PROTEST HEARING to this date. (Council reviewed Engineer's report) Mayor Chappell: Madam City Clerk, do you have the Affidavit of Publication and Posting? City Clerk: Yes, I do. Motion by Councilman Browne to receive and file; seconded by Council- man Tice and carried. Motion by Councilman Browne to receive and file the Engineer's report;, seconded by Councilman Miller and earried. Motion by Councilman Browne to.conduct the protest hearing; seconded by Councilman Tice and carried. THIS IS THE TIME AND PLACE FOR THE HEARING WITH REGARD TO THE STREET VACATION OF WOODLANE DRIVE IN TRACT NO. 31095. THERE BEING NO PUBLIC TESTIMONY PUBLIC)HEARING CLOSED. COUNCIL DISCUSSION. NONE. RESOLUTION NO.-s The City Attorney presented: ADOPTED S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VACATING A CERTAIN PORTION OF WOODLANE DRIVE AND RESERVING AND ACCEPTING IN FAVOR OF THE CITY OF WEST COVINA CERTAIN RIGHTS AND EASEMENTS LOCATED THEREIN FOR PUBLIC UTILITY AND, OTHER PURPOSES. . Motion by Councilman Shearer to waive full reading of said resolution; seconded by Councilman Miller and carried. Motion by Councilman Shearer to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: CITY COUNCIL HEARINGS: Res. #5063 Page Seven 6/9/75 AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None UNDERGROUND UTILITY LOCATION: Glendora Avenue, Dalewood DISTRICT N0, 3 PROTEST HEARING Avenue to south city Set for hearing on this limits. date by Council action on April 28, 1975, for any pro— tests or objections to the formation of Underground Utility District No. 3. (Council reviewed Engineer's report) Mayor Chappell: Madam City Clerk, do you have the affi— davit of Mailing? City Clerk: Yes, I do. Motion by Councilman Browne to receive and file Affidavit of Mailing; seconded by Councilman Miller and carried. Motion by Councilman Browne to receive and file Engineer's report; seconded by Councilman Tice and carried. Motion by Councilman Browne to conduct hearing; seconded by Council— man Miller and carried. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNDERGROUND UTILITY DISTRICT NO. 3. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEAR— ING CLOSED. COUNCIL DISCUSSION. NONE. RESOLUTION NO. 5065 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CREATING UNDERGROUND UTILITY DISTRICT NO, 3. Motion by Councilman Miller to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None SEISMIC SAFETY AND SAFETY GENERAL PLAN ELEMENTS NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CITY INITIATED The City of West Covina initiates a request to adopt a Seismic Safety and Safety Elements of the General Plan for the establishment of policies concerning the seismic and public safety needs of the City. Proof of Publication of Notice of Public Hearing in the West Covina Tribune. on May 29, 1975 received. Recommended by Planning Commission Resolution No. 2591. Mr. Wakefield: Mr. Mayor and members of Council, the City retained a consulting firm to pre— pare the required Seismic Safety and public Safety Element of the City's General Plan. That work has been completed; the Planning Commission has reviewed and.approved the proposed element and it is now presented to the City Council for the purpose of final consideration and adoption. The Planning Commission determined that the adoption of the Seismic Safety.and Safety General — 7 — CITY COUNCIL Page Eight HEARINGS: Seismic Safety — General Plan Elements 6/9/75 Plan Elements :.!ould not have a substantial impact on the environment and a Negative Declaration of Environmental Impact has been prepared and approved by the Planning Commission. This is the time and place when anyone in the audience who cares to be heard with reference to this particular proposed element of the City's General Plan may be heard. Perhaps you may desire a general staff review of the content of the element before opening the matter for public consideration. (The Mayor requested staff presentation. The Assistant Planning Director Mr. Diaz gave a brief summary of the written Seismic Report. In summary he stated these two elements before Council this evening are actually the foundation elements of the planning efforts within the City; with the Seismic Safety element lies the foundation for all implementation with regard to all of the other elements of the General Plan; the Public Safety element is at the core for the very reason a city is in existence, it provides for the health, welfare and public safety. The main purpose for adopting a Seismic Safety Element is to determine the areas of seismic hazard and also to indicate programs to alleviate this hazard. And this led to the requirement of the Public Safety element which basically instructed cities and counties to establish programs of action on what to do should a natural hazard occur. Continuing, Mr. Diaz, stated there are basically four questions within the Seismic Safety and Safety Elements: 1 — Determine types of land use that would fall under the following facility classifications: a) Limited occupancy facilities, generally more or less automated manufacturing; b) Normal occupancy facilities are your commercial and office facilities; c) Critical occupancy facilities which are those which the City would want not only standing but in full operation in case of a natural hazard. Final determina— tion with regard to what facilities should be in the different categories is up to City Council. 2 — Determine level of earthquake to design.to for each facility. We have indicated we should desi n for an 8.5 on San Andreas for Normal and Critical facilities. Explained further) 3 — Determine iP..lateral force requirements of the Uniform Building Code could be upgraded; if so — how? This would be the ability of a building to withstand ground motion. City of West Covina is fortunate in that we do not have, based on current knowledge, any active fault zones in the City and therefore we do not have to worry about surface rupture. We do have to worry about ground motion. Within the Technical Report as well as the Policy Report there is considerable amount of material addressing itself to this area of lateral force. This has all been reviewed by the Director of Building and Safety, he indicates he can live with this and that quite a few of these requirements are going to be coming up in the future — the Uniform Building Code is being worked on at the present time. 4 — Determine level of acce table risk. This is a term that cannot be qualified. (Explained The acceptable level of risk established in West Covina will probably be different from that established in Industry, and may be a little closer to that established in Covina, and could be different from that established in Azusa. The acceptable level of risk would be the culmination of all the programs and policies that are outlined within this Seismic Safety and Public Safety Element. The philosophy underwhich this element was developed was an.attempt to prepare for the future based on what we know today and not on what we would like to know and therefore take no action. CITY COUNCIL Page Nine HEARINGS• Seismic Safety - General Plan Elements 6/9/75 We feel we have worked on this element for a long period of time and we have'had briefing sessions with the Commission and the Council and after a review with all city departments of both the Technical and Policy Reports staff feels we do have a document that the City can utilize in its future decision -making in the areas of land use and public safety. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE SEISMIC SAFETY AND PUBLIC SAFETY GENERAL PLAN ELEMENT. THERE BEING NO PUBLIC TESTIMONYIPUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Tice: Mr. Mayor, I have two questions. One is the practicality of establishitng an 8.5 safety allowance on new buildings with regard to critical and normal type buildings from the standpoint of cost? Mr. Diaz: In reviewing this with our consultant he indicated because of the increasing cost in construction today if there is any doubt as to whether or not a building should be built to 8.5 that probably the time you would spend on deciding would more than pay for the additional costs; that there would not be that much additional cost in designing to the standards called for in the Technical Report. Councilman Tice: With regard to the inspection of normal and critical facilities in the City, do you have any idea as to the length of time this would require? Mr. Diaz: That policy is called for in the Policy Report which indicates the City should establish such a program. The exact amount of time that would be involved in examining these buildings would'be brought out by the Committee at the time it is created because it would depend on exactly what we were to check for and how far we want to go. At this time we do not know. Councilman Browne: Mr. Mayor - in relation to Item No. 3. The City operates under the Uniform' Building Code and I would assume that it is the same as that of the County and the City of Los Angeles? (Mr. Diaz said that is correct) At this time I believe you stated that this is being upgraded by State mandate I presume and upon such time as that is adopted then we can determine if it is adequate for our City? Mr. Diaz: What I was indicating in that portion was that the Director of the Building & Safety Depart- ment of our City had looked at that and he indicated he would have no problem in living with it and in addi- tion the Uniform Building Code is being upgraded -in those areas but at this time we do not know if it will be upgraded to meet these requirements recommended here. We won't know until the uBc comes out. Councilman Shearer: Mr. Mayor, a question of the City Attorney. Have you reviewed the Policy portion of the recommended portion subsequent to your letter of May 30th to the Planning Commission and are you satisfied that the changes they made does leave enough leeway for the City so that our hands are not tied at this time to be embarking on a pro- gram that perhaps we might not be able to afford - specifically the inspection and things of that nature? - 9 - CITY COUNCIL Page Ten HEARINGS: Seismic Safety — General Plan Elements 6f9/75 Mr. Wakefield: Yes. I think the changes approved by the Planning Commission meet those problems as I saw it. My major concern was that by the approval of the Seismic Element the City would have committed itself to a course of action that it couldn't really afford or didn't wish to check through on, but those problems have been eliminated. RESOLUTION NO. 5066 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING AMENDMENT NO. 1975-4 FOR THE SEISMIC SAFETY AND PUBLIC SAFETY ELEMENTS TO THE GENERAL PLAN OF THE CITY OF WEST COVINA. (Planning Commission Resolution No. 2591) - Motion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Tice to adopt said resolution; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT! None AMENDMENT NO. 123 Proposed amendment to Sections 9216.5. CATEGORICAL EXEMPTION 9222.69 9223.6 and 9224.4 of the CITY INITIATED Zoning Ordinance, and Sections 9113 and 9114 of the Subdivision Ordinance, pertaining to the procedures for the filing of applications for public hearings. Approved by Planning Com— mission Resolution No. 2590. Proof of Publication of Notice of Public Hearing in the West Covina Tribune on May 29, 1975 received. Motion by Councilman Browne to receive and file proof of publica— tion of Notice of Public Hearing; seconded by Councilman Tice and carried. Mr. Miller, Planning Director, in summaryfstated Amendment ##123 is a follow—up to the City Council adoption of the revised Environmental Impact Guidelines. As Council will recall, a 30 day mandatory review of any Negative Environmental Declaration on any project, public or private, was provided. As a result of that staff reviewed our code regulations and put a limitation on the maximum time period in which we could hold a case without taking it to hearing, at that time it was 40 days. Given a 30 day review for the Environmental Impact Report and the other procedures for advertising and things that take place at staff level it was felt that the extension of that limitation from 40 to 60 days was necessary to give staff ample time to review any Environmental Impact Report on a project. Council was further advised this code amendment was authorized by City Council and has been approved by the Planning Commission as recommended to Council tonight and is recommended for approval. Mr. Wakefield: Mr. Mayor, this is the time and place in which anyone concerned with this proposed amendment to the Zoning Ordinance of the City may be heard. As Mr. Miller indicated, the only effect of the amendment is to extend the time within which 10 — CITY COUNCIL Page Eleven 6/9/75 HEARINGS: AMENDMENT NO 123 action may be --jken on any changes on matters, from 40 to 60 days. THERE BEING NO PUBLIC TESTIMONY,,PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. NONE. Mr. Wakefield: Mr. Mayor, the appropriate motion would be to and instruct the approve the recommendation City Attorney to prepare the necessary ordinance. So moved by Councilman Shearer; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None 1974-75 SECOND LOCATION: Various throughout. the City. SUPPLEMENTAL WEED & Set for hearing on this date for pro — tests and/or objections from property RUBBISH ABATEMENT PROGRAM owners and/or other interested parties PROTEST HEARING by Resolution of Intention No. 5059, adopted May 27, 1975. (Council reviewed Engineer'.s report) Mayor Chappell: Madam City Clerk, do you have the Affidavit of Mailing? City Clerk: Yes, I do. Motion by Councilman Browne to receive and file; seconded by Councilman Tice and carried. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE 1974-75 SECOND SUPPLEMENTAL WEED & RUBBISH ABATEMENT PROGRAM. THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. NONE. Motion by Councilman Shearer to authorize the City Engineer to proceed with abatement of weeds and rubbish on those properties described in Resolution of Intention No. 5059; seconded by Councilman Miller and carried. THE MAYOR CALLED A RECESS OF THE COUNCIL MEETING AT 8:30 P.M. COUNCIL RECONVENED AT 8:40 P.M. COOPERATIVE AGREEMENT WITH Re Environmental Impact Report — LOS ANGELES COUNTY FLOOD Equestrian Trail. CONTROL DISTRICT — CONT'D. Mayor Chappell: We received a number of names on a petition today and I think it is only fair that we discuss this a little more in detail so the City Council at least, whether they agree or not with this agreement, would have the input from our citizens. This is still the primary function of Council and our Council is certainly very willing and almost demanding that we hear all of the information th.e citizens want to give us before coming to a final decision. This is not a public hearing type situation but having found out that there were some objections to this matter we wanted to hear the citizens input. (Explained the procedure in receiving input from the citizens.) — 11 — CITY COUNCIL Page Twelve CITY ATTORNEY AGENDA 6/9/75 John Cox I have before me the report for the 2727 Vanderhoof Drive June 4th meeting of the Planning West Covina Commission. On page 3 is a map and this is what I would like to refer to. 1 only speak for a small segment of this and a small segment of the entire report. We object to only one end of it and that is the and that goes over our own properties. On the map it turns south and winds over to Citrus at the western extremity of this proposed trail. There are some 14 families who live along this trail and we all have a private easement. I would ask you to turn to page 1 of the report where it says "between Citrus and Barranca Avenues thettrail will be located within any private access easements across the rear of 14 residential lots on Citrus Avenue, Vanderhoof Drive and Plateau Drive." These 14 families would like to•take exception to this part of the report. Our reasons for it — we sent a petition to City Council that is signed by almost all of the 14 families. (Mentioned the name of one lady that had not signed) It seems to me it is appropriate to mention why we are here tonight and so many of us were not at the last meeting of the Planning Commission. Throughout the report they mention the Valencia Heights Water Company, the County Flood Control District and Ridgeriders, but the Planning Department did not con— tact any of the property owners living along this proposed trail. We feel we should have had this. The notice to us was in plenty of time and said within 300' there was a proposal which would affect us, no mention was made that it was our property involved. The primary objection we have to it is that it will interfere with the enforcement of our own private ease— ment. (Explained how they enforce their own private easement use at the present time, giving examples of their so—called "home rule".) We are all community minded people here. We support Ridgeriders and many of us are members. Most of us are horse lovers and we get along very well with Valencia Heights Water Company, our near neighbor here and we don't want to do anything that would interfere with Ridgeriders or Valencia Heights Water Company but we feel this Environmental Impact Report includes in— formation that is damaging to our interests. We feel there are at least three alternatives to this than using our property which probably should have been explored and mentioned more prominiently in the report. Obviously on page 1 when it says "...it will go over our private easement" we have to believe that this is true and that is what would occur. We come to some other things in the report also that refer to us on page 5, second paragraph of item 7 — "If it is determined that the portion over the private easement...... must be purchased by the City." So there is a clear cut expression here that this is a very serious proposal and the possibilities that they might at sometime have to buy the property. Addendum 6a, which is a little confusing to me, has to do with a memorandum from the City Engineer to the Assistant Planning Director, in paragraph 1 it clearly points out they are talking about our equestrian trail easement"along the westerly boundaries of the tract is a 22' wide .equestrian. trail reserved by the covenants of the tract." The next sentence has to do with I presume, the West Covina Parkway that might sometime go through. The next one though "a separate easement would be required from owners of the Ridgeriders' property in order to extend the trail to Citrus." I don't find that men— tioned very frequently in the report although it would be an alternative, Valencia Heights Water Company owns that, and I presume that is what they mean by Ridgeriders' property, they surely do not mean our own property. Then just below that, an alternative would be to obtain an easement from the property owners — 12 — CITY COUNCIL Page Thirteen CITY ATTORNEY AGENDA 6/9/75 of the tract on top of the privately owned easement. We interpret that as another method by which the trail might be workable across our properties. These are the types of information we find in the report that refer to our property and we object to the fact it is even in the report because we were not consulted and even though we were not consulted this time we ask that you delete this in some manner from the report so we can more properly enforce our own easement in the future. I might mention a little about the alternatives. The Flood Control District is only used as an alternative and this appears. on page 4 under 6b. "An alternative to the use of existing easement over private property would be the use of the Flood Control easement along the south side of Walnut Creek Wash between Citrus end Barranca Avenues. Access could be through the existing gate on Citrus Avenue or through a separate gate in the vicinity of the equestrian. facility. We suggest that the proposal of going over our own properties be deleted but this alternative seems to us to be a more preferable one in view of the fact on page 6 of the report the agency consulted said they had already consulted the L.A. County Flood Control District and Ridgeriders were also mentioned, and did not consult us, we would have thought this would have been the primary route and that ours if any would be an alternative to the existing Flood Control District. Another alternative is if they are coming to Ridgeriders', anyway to go on into Citrus across Valencia Heights Water Company property, which would be in back of the apartment house between there and the roadway that leads to the baseball field, there would be ample room for horses to o through at that point. A third alternative would be (page 3} just at the bend where the trail starts south over our private proper- ties is a northeast gate which is locked most of the time recently because the caretaker of Ridgeriders. thought it,might cut down on some motorbike traffic, but this could be the terminus also. The Ridgeriders in general would appreciate having that open. No one wants motorbiking traffic but most of all people with private property have a right to express their views on the fact they don't want motorbikes on.their property. Many of the people are here tonight - all of whom have signed the petition which you have in front of you. Their main reasons are the same as mine, although they may have some additional reasons. A public trail over private property in addition to the problems I have mentioned would of course mean some more horse traffic. Horse lovers are not jumping up and down against horse traffic but it would create some problems that a private owner should not have to handle on their own, such as the trash coming from those places, people throwing things across, etc., and there is more chance of theft. I would say in the last ten years that half of the property owners along here have had some type of theft. I have had two in the.last seven years. We know we have to keep dogs and such, but we don't want anymore.than we have to have across our private property. Our main objection is that it would be difficult to enforce. Picture someone coming through and saying - I have seen a map that this was even to become a proposed trail and I am confused and I am going to use it until I get straightened out. The other would be if they come down across our property there is noway at that point if a motorbike situation comes up for our people to say that was just a portion of a trail and no one ever acquired the rights to go across our property - it might be too late. So we would request and I will read this to you, which is virtually 100% request of the property owners who have - 13 - CITY COUNCIL Page Fourteen CITY ATTORNEY AGENDA 6/9/75 a private easement from Citrus Avenue to the northeast gate of the Ridgeridc- :;' equestrian .. area, that reference to the trail being located within that easement be deleted from the report and further any maps showing the proposed trail be modified according— ly. I am available for questions. Councilman Tice; Mr. Cox, your main objection is not to the trail itself but to the location of the trail? Mr. Cox: The western extremity only over our own private property. We are not against the trail. ' R. French We are not opposed to the trail. It seems to 225 Plateau Drive me that there are equestrian., , trails that go West Covina down the San Gabriel River and it would be better if in the planning that this trail would perhaps meet that. It would be better going down the Flood Control to the San Gabriel River and not jogging south along our property because there is no where to go from the end of it there. Also this is the only way that we can get into the bottom part of our property for nearly all of us and if it was a public trail with horses and we are trying to bring in hay or something using our trucks or vehicles, it would be a hazard. I just think it would be better served someplace else on that portion of it. Mayor Chappell: We thank you for coming out. Mr. Wakefield, you might make your comments now. Mr. Wakefield: Mr. Mayor and members of Council, I think two things are obvious. The City does not as a matter of right have the authority to establish a public equestrian trail over private property. This means without the consent of the 14 landowners that are involved some other alternative route must be selected for the equestrian trail. The second matter relates to the Environmental Impact Report. If it is the desire of the City Council to have the proposal for the location of the trail relocated then the Environmental Impact Report should be revised and whatever changes are necessary made to not only conform to the new proposal for the route but also take into account what other environmental conse— quences may flow from the selection of the new route. The Cooperative Agreement that is recommended by the City and the L.A. County Flood Control District simply relates to the use of the Flood Control right—of—way for recreational use. It could or could not be approved without reference to the ultimate location of the equestrian . trail in the northeast area which has been referred to by Mr. Cox and Mr. French. Mayor Chappell: A question of Mr. Miller. Was the knowledge of the people who investigated this and laid out this trail — as I understand the trial will end up at Bonelli Park so it covers a lot of communities — was it ever discussed that a big portion of this in our City was on private property? Was this ever discussed and brought up bith the landowners? Mr. Miller: The project itself has not been specifically discussed with the landowners. The steps taken to reach this point involved the discussion of the project being the old underpass basically to Citrus as shown on the map. In discussing, reviewing and researching the private easement, the actual right—of—way adjacent to Holt from where the trail enters Holt and proceeds east to tie in with the skyline trail, — 14 — CITY COUNCIL Page Fifteen CITY ATTORNEY AGENDA 6/9/75 we determined that the project itself, and this is all that staff is recommending, the project itself consists of crossing at Barranca from the west curb line to the east curb line and then proceeding down the flood access road to Holt and the trail terminates at that point. Easterly at that point on Holt the width ofthe right—of—way and clearance of vegetation and safety for -horses does not meet the minimum standards set for such trails and therefore we are not.designating that as a trail. It is pro— posed to place signs there to_pay attention for horses or be aware that horses maybe in the area, but there is no intention to sign that as a horse trail. Westerly of Barranca, in reviewing the private easement held by the Ridgeriders from Barranca to the private easement where the Vanderhoof. Tract takes over and re— viewing the C. C. R's for the Vanderhoof. ' Tract it was determined at this point in time there is really no need for the public to take over the trail. The trail is being used .now, it is open at the Barranca Street entrance and if someone is desirous of traversing from the Holt and Grand area to the Barranca entrance they use one of three routes. (Detailed routes with the use of the display map.) The City's project is to provide a horse trail through the most safest and most direct route to make connection with the private easement to make the Skyline Trail more accessible and safer to the persons using the trail from the private easement as well as from Ridgeriders. So the project consists only from the west curb line of Barranca to the west curb line of Holt down the flood control right—of—way. There is no intention to designate the private easement as a public horse trail. Councilman Tice: Mr. mayor, this map indicates it goes all the way through to Citrus and I can see some concern on the part of the property owners. Is it possible we can discuss some alternative routes that would not con— flict with the property owners along Vanderhoof? I realize it is in existence but not dedicated. (The Planning Director pointed out the trail on the display map; explained the areas now being used as a horse trail, the private area, etc.) Councilman Shearer: Mr. Mayor. I think we have here an example, to me of one of the fallacies of the Environmental Impact Report procedure. The EIR does not deal with the specific project. The purpose of an EIR is to gain and gather information for evaluation to determine whether or not a pro— ject is to proceed. I think what the results of this EIR has done, and I think there are some unfortunate things looking back in retrospect — if the map were color coded a little differently so the dotted line west of Barranca looked a little different than the dotted line east of Barranca perhaps this might have been a little different, but the result of the EIR is that staff is recommending that the City develop an equestrian trail only between Barranca and Holt Avenue. Because of the information coming out of the report the fact it is private property which would require a condemnation proceeding even if the City desired to do it, and I am sure it would not, but that was the result of the report. These reports are man— dated to us. I don't think it would be proper for us to go back now and rewrite the EIR so that it matches what we finally decide this is what the Council decides to do. So it matches the ultimate project. That is not the intent of the legislation requiring the EIR to be made in the first place. I think the recommendation here is two different things. One is the EIR and the second is the agreement with the County to utilize the flood control channel right—of—way — 15 — CITY COUNCIL Page Sixteen CITY ATTORNEY AGENDA 6/9/75 between Barra -^a and Holt and designated in that limit only as a horse trail. if we don't do this then the people riding in that area are going to continue using Virginia with the inherent com— plaints of vehicles and horses on the same narrow street or the frontage road of the freeway. I think this is an improvement. Unfortunately we can't afford to go the whole route at this time. I believe while in that respect the EIR might have been a little better prepared perhaps the next time it will be. We do have to keep in mind that we are talking about two different things. One is the EIR and then subsequently the project and there is no intent that we are going to be utilizing the private properties. In the first place it would be illegal — isn't that correct, Mr. Wakefield? (Answered: that is correct) This was merely dis— cussed in the data gathering process. Councilman Browne: Mr. Mayor, I concur in the statements made by Councilman Shearer, in that the map does designate specifically,that there is an existing private equestrian trail and marks the points and then it relates to the Barranca/Holt easterly section there. Actually I think this benefits those people in the Ridgeriders' group and the private por- tion where they do have a private easement established in the fact that there is a continuity of use. The impact statement does not relate to the specifics of use and does oot authorize use of the equestrian trail. I think there has been a misintrepetation of use here. As stated by Councilman Shearer these impact reports cover a board base and in trying to clear the subject we have to go into the fringe areas of concern to get to the point of concern. So I would see no conflict whatever in the impact report over the use of private property. Councilman Tice: Mr. Mayor. If they altered the route would that call for a new impact report from Barranca to Holt? Mr. Miller: Not to practice law, but I have been advised by the City Attorney that basically an EIR is a data gathering. The minutes from the Planning Commission and Council are all added as addendums and what is involved is the project itself, what you finally approve is from Barranca to Holt and is the end product of that impact report, it does not require revision. Mayor Chappell: What we have done this evening, I am sure, has cleared up the air for those 14 private land — IN owners. The facts are that we cannot use their private property and are not going to use their private property, so I think we are on firm ground to move on and approve the impact report and also authorize the Mayor and City Clerk to execute the contract with the County. Councilman Miller: Mr. Mayor, a question of staff in regard to the maintenance cost. From the Recreation & Parks Department there was concern about the overall agreement with the County in maintaining this area, they thought this would be too much of a demand on them in the way of cleaning up and maintaining. Mr. Zimmerman: Mr. Mayor and members of Council, the mainten— ance of the trail has been shared by the Ridgeriders. in a letter to the City in which they have agreed to do some of the trimmings of the plantings along the trail. The installation Will all be done by the County Flood Control District. There will be some maintenance of the irrigation system and some installation or payment for utilities to operate — 16 — CITY COUNCIL Page Seventeen CITY ATTORNEY AGENDA 6/9/75 the irrigation system. We estimate the total cost of the mainten— ance to be abcjt $1500 a year, or approximately $100 a month, some of that shared with the Ridgeriders who will trim the trees. Staff feels that this amount of effort can be absorbed within the existing framework of personnel and resources available. (Councilman Tice pointed out there was some concern at the first hearing that the proposed route from Barranca to Holt where it drops off at Barranca and then picks up on the private equestrian trail there was a concern that there would be more horse traffic and it would be uncontrollable.) RESOLUTION NO. 5067 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CERTIFYING TOTHE ADEQUACY OF AND ADOPTING THE ENVIRONMENTAL IMPACT REPORT FOR THE EQUESTRIAN TRAIL. Motion by Councilman Shearer to waive full reading of said resolution; seconded by Councilman Browne and carried. Councilman Tice voting "non. Motion by Councilman Shearer to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Chappell NOES: Tice ABSENT: None Motion b�'C6d*L6f1m8n­ Shearer to authorize the Mayor and City Clerk to execute Cooperative Agreement with the County Flood Control District; seconded by Councilman Miller and carried; Councilman Tice voted "no". ORAL_ COMMUNICATIONS Mrs. Pamela Nelson First of all we would like to draw 2817 Glenhurst Place your attention to some twenty—five and different residents that live on the Mrs. Rita Sota hillside in question and we would 2813 Glenhurst Place like to thank them for being with us West Covina in the audience this evening. We are here to protest the condition of our slope. Since we last talked to the Council very little has been accomplished. We have settled the fact that we are in District I City Maintenance, the same as Woodside. We pay the same maintenance fee, 75o per hundred dollar of assessed property value, yet they have maintenance, greenery and automatic daily watering. As of August 1974 we understand the City took over the land in question, approximately eleven acres, which to clarify is the land surrounding Glenhurst Place, not the land way down slope but the land right below our property line. The land which has been proven to belong to the City. We have checked with the Fire Department and were told the area was not safe. We requested the Fire Department to notify the City of West Covina of their findings. We are not happy since we last stood here before you that we still have a fire hazard in our backyards except they have found time to • water once a week. If we may make a comment at this point — why has nothing been done to this land since August of 1974? Why only now since we are here before the Council? We all paid our taxes last year and part of this year to be maintained. Yet we are not, why not? Following is a list of our requests: No. 1 — to clear the cuttings from the hill; it is still a fire hazard. Although we were told there were no funds, no manpower, — 17 — CITY COUNCIL Page Eighteen ORAL COMMUNICATIONS 6/9/75 no money avai'-.ble for dumping fees. No. 2 - since Woodside has automatic sprJnklers we also would like to since we are in the same maintenance district and we pay about the same in taxes. No. 3 - We would like to have daily watering since the rest of District I has it. No. 4 -- We would like to have some kind of planted green growth;in case of a fire,,3 fire couldn't spread over green growth of some kind. No. 5 - We would appreciate immediate action on our hill for fire prevention now. No. 6 - We are requesting since said land has belonged to the City as of August 1974 we would like a report consisting of time, labor and money spent on said land surrounding Glenhurst Place.. Since the West Covina Planning Department has no qualms about the green slope in Woodside we would like to have a green slope. We hope after staff has looked into our request and submitted their.findings to the Council that this Council may somehow put the matter into consideration in the 1975-'76 budget meetings. We would also like to thank Council for our "Not a Through Street" sign that we got this week. Wayne Rogers The subject I would like to speak on this 3137 East Cortez evening is the fact I received correspondence West Covina from the City of West Covina from the Special Services Officer bringing to my attention the fact that my stable is in violation of the Municipal Code Section 9203 paragraph D. Section 5. This refers to the maintenance of anlaaals and in particular in reference to my pro- perty, the maintenance of horses. I am being requested to remove a stable that is too close to the property line and to remove horses as well. A copy of the code was enclosed. Basically the code reads "any poultry, animals, household pets, domestic homing pigeons, etc., shall not be kept or maintained within 50' of any dwelling or building, nor shall any pen, coop, stable, barn or dwelling be maintained within 40' of any portion of adjoining property." I recognize the stable I erected is in direct violation with this code; however, approximately four months ago when I planned the erection of this facility I called the City of West Covina requiring information as to whether I needed a permit and I was told I did not, and as to the distance that the horse facility should be to a private dwelling the response I got from the City was 351. So in my planning of the facility I took this into account. My point before the Council is simply that I would request that this letter- be rescinded or held in abeyance for a period of time. The reason for this request is that I have been informed by the City's Special Services Officer that consideration is being given to a change in the zoning distinction between R-I and R-A properties. My property is zoned R-A. I do have over 20,000 square feet of area, approximately two-thirds of an acre. The parcel runs 130' in width and 230' in length. My home runs right down the middle of the property. There is absolutely no way I could comply with this zoning restriction. However, I feel the investment of over $4,000 in this facility and the fact it is maintained to the point - where I think it is over and above the average - would allow me the privilege of holding off on the destruction of this and the tearing it down until such time as any further action by the Planning • Commission would change the zoning. My understanding is that the zoning change would rescind both the R-A and R-1 zones and allow for the maintenance of horses on any pEce of property over and bbove 20,000 square feet in area and that would be in accord with the County restriction of 351. That would in.turn allow me to have my stable placed where it is. It would enable me to keep it and not see an investment of $4,000 go down the drain .for a period of perhaps two or three months. CITY COUNCIL ORAL COMMUNICATIONS Page Nineteen 6/9/75 I feel also the City was a little bit erroneous in the fact ti,dt when I first called the City they gave me the wrong information. I feel that I did everything that was in my power to inquire into the circumstances and acted in accordance with what I was told. For this reason I do particularly ask that the letter be rescinded. I would further point out this code is very restrictive. There are many properties in West Covina that I have viewed within the past three days that in no way would conform to this code, and I feel that maybe equal protection before the law is here and if the code is to be enforced that everybody should do it. I am simply being asked not to do it because I have a neighbor that has a home on a R-I lot that sets 7' away from the property line. I feel this is a little unfair. If there are any questions I would be happy to answer. Councilman Browne: What prompted the letter? Mr. Rogers: I believe the neighbor behind me. A complaint as to the erection of the facility; her com- plaint was lodged a day after it was built. Her major objection, from whatI can gather from the City Officer, was the fact that there would be ,flies in her backyard. She certainly didn't give much time to ensue as to whether or not that would be the case. As I said the manure is taken out in the morning and evening. I live there too, I keep an immaculate home and I don't feel that it is a barnyard. Councilman Browne: Did you obtain a permit to build the structure? Mr. Rogers: No, as I indicated previously, I called the City and it is classified as a portable stable and therefore I was told it was not necessary to have a permit. The City Officer confirmed this to me that it was not necessary. Mayor Chappell: If Council doesn't object - Mr. Aiassa, will you have this matter looked into and report back to Council at our next meeting, so we have a recommendation. We certainly thank you for coming. (No objections) Councilman Shearer: Mr. Mayor, is that to imply to the request the gentleman made, which I am certain it is, to hold this in abeyance until that time? Mayor Chappell: Yes, it would have that intent. Donna Ritchie First of all as a member of the Tri-Community S.G.U. YWCA Counsel on Aging, I would like to thank 1600 W. Cameron Councilman Tice for attending the Old American West Covina Fair recently. I think it really showed a sensitivity to the neglected senior citizens West Covina. in this area. Thank you for representing As an adult director of the San Gabriel Valley YWCA I would like to make you aware of our existence in West Covina. We have had several staff changes this year and as a result of that we have re-evaluated our goals and will be making several changes that I would like to have you aware of. First of all men are now welcome to the YWCA. So if you are interested in any of our programs please drop by. We are relocating - looking for a facility that will let community members have better access to the YWCA rather than just being in a professional building as we are now. Also we want to become more involved in the community activities. We know that just working out of an office you really can't assess the needs of community - 19 - CITY COUNCIL 6ral Communications Page Twenty 6/9/75 members. So we will become more involved and you will hear from us. In order to rr­e the community more aware of the programming at YWCA we are planning in August a big family picnic and you will hear more about this. We are celebrating International Women's Year, . which is 1975, and the Bi-Centennial,as well as YWCA's 40th year. So we hope you will all become a part of that and we will be getting more information to you. Thank you. Mr. Lee. Sechler This may not be the format to place this before 1724 Fair Ridge the Council but I would respectfully suggest Creek that this Council investigate the possibility of adopting a resolution such as the Los Angeles City did recently regarding dogs. I am a dog owner myself and a dog lover, but the barking of the huge animals that many people deem necessary in many small home areas I think is entirely uncalled for. I would appreciate your advice as to how to present this to Council. If this is not the proper media and a written communication is needed I will be glad to provide it. Mayor Chappell: Probably to get more exactly of what you are talking about a written communication mailed to the City Hall addressed to Council would then get on the agenda for our discussion and consideration. Mr. Sechler: Are any of the Council members aware of that particular ordinance that was passed? (Council answered: No) MINUTES CLERKS' Mr.Wakefield: Mr. Mayor and members of CONTRACTS Council, the existing con- tracts between Nancy Beardsley and Kay Cedergreen for the reporting of the minutes of the City Council and of the other Boards and Commissions expire effective the 1st of July. The staff recommendation is that both contracts be extended for an additional year period. The contract with Kay Cedergreen is rewritten, there are no changes in substance in that agreement excepting a specific provision with respect to the cost of transcribing the minutes of the City Council meetings if Kay is requested to do that. It would be done only in the event of the absence of Nancy Beardsley, but there is specific provision for .compensation for that extra activity. Nancy's contract is simply an extension of the present contract. Motion by Councilman Tice for approval of both contracts; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Puller, Browne, Tice, Chappell NOES: None ABSENT: None REQUEST FOR BLOCK Mr. Wakefield: Mr. Mayor and members of PARTY WITH FIRE- Council, this is a request from WORKS 7/4/75 Mr. H. L. Doss, 1708 W. Thelborn Street for a block party with fireworks on July 4, 1975. This matter was referred to staff from the agenda of your meeting of February 24, 1975. There is no • legal objection to the granting of the permission to hold a block party. It is staff's recommendation that the request be approved. Motion by Councilman Browne to approve the request for a block party; seconded by Councilman Miller. Councilman Shearer: Mr. Mayor, a comment. Normally we approve these, but in some cases things may get a little out of hand and complaints come from other neighbors 20 - CITY COUNCIL Page Twenty-one CITY ATTORNEY AGENDA 6/9/75 who perhaps are not involved. We have another meeting before the. 4th of July, I would like a report from Mr. Doss who has requested this particular block party again which has been going on for several years.. I would like a brief statement from him as to whomhe proposes to include in the block party. I received a com- plaint this evening from someone in the area, which I consider a very legitimate complaint. I would like Mr. Doss advised that the City is concerned that this party be held in "good taste" - and that may not be right word - and some control over those in attendance and that it does not involve the use of areas that are not included in the block party. I would like to see this held over until this is received in order to satisfy the people in the area that are not a part of it. (Councilman Tice and Councilman Miller agreed, stating they also received complaints to the effect that people were bringing in their friends and relatives from the outside; both feeling it should be restricted, if possible, to the immediate people in the area.) Mayor Chappell: I wasn't aware that there were any problems or complaints - this group has had such a party a number of times. Mr. Aiassa - will you contact this group and have them come down to our next meeting and clarify their plans to us. Councilman Shearer: Mr. Mayor, I would like to comment further.. I do not want to place myself in a neighborhood spat. I don't know any of the people personally and I hope that no one gets the idea that I am for or against someone but if the complaints made to me over the phone are true then I think I would be against it. Motion by Councilman Shearer that this matter be tabled to the next regular Council meeting; seconded by Councilman Miller and carried. NATIONAL FLOOD Mr. Wakefield: Mr. Mayor and members of INSURANCE PROGRAM Council, it is the recommenda- done about the implementation of this tion of staff that nothing be and we wait developments in Congress torsee awhethereorrrnot nthelme date for entering into the program is extended and whether or not the City's appeal from the flood plain maps, as lodged in 'Philadelphia is successful, So moved by Councilman Browne; seconded by Councilman Miller and carried. Mayor Chappell: I talked with the Assistant Secretary ofthe Army last Friday and he said he has written us a letter on this subject - has it arrived yet? (City Clerk advised it came in today.) That may clarify this situation. MTEB REQUEST THAT THE Mr. Wakefield: Mr. Mayor and FHWA REVISE THEIR members of Council, STANDARDS AND PROCE- this is a request from DURES ON NOISE LEVEL the Metropolitan Transportation Engineer - REQUIREMENTS ing Board that the City support its position with reference to a request to the Federal Highway Administration to revise its standards and pro- cedures for Noise Level requirements on federal aid system projects. The MTEB is of the view that the proposed standards and procedures for sound barriers on federal highway aid projects is unrealistic except with respect to limited access freeways and these standards need to be revised to take into account the fact that many of the - 21 - CITY COUNCIL Page Twenty-two CITY ATTORNEY AGENDA 6/9/75 streets which ire a part of the federal aid system are feeder streets and not freeways. The recommendation of staff is that the Mayor be authorized to send a letter to the League of California Cities, the County Supervisor's Association, the Southern California Association of Governments, and the Congressional and Senatorial Delegations from California endorsing the MTEB request. • So.moved by Councilman Shearer; seconded by Councilman Miller and carried. SURPLUS CITY -OWNED PROPERTY The City Attorney presented: RESOLUTION NO. 5068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA DECLARING CERTAIN CITY OWNED PROPERTY TO BE SURPLUS AND AUTHORIZING THE SALE OF SAME BY PUBLIC AUCTION. Motion by Councilman Miller to waive full reading of said resolution; seconded by Councilman Shearer and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None THE MAYOR CALLED A RECESS OF THE CITY COUNCIL MEETING AT 9:57 P.M. FOR THE PURPOSE nF CONDUCTING THE REDEVELOPMENT AGENCY MEETING FOLLOWED BY A MEETING OF THE PARKING AUTHORITY. COUNCIL RECONVENED AT 10 P.M. CITY MANAGER AGENDA SPECIAL ADDITIONAL FUNDING FOR 1974-75 BUDGET FOR W.C. PARADE COMMITTEE (Staff Report) the transfer of these funds shown in the staff report. but Council does have this Mayor Chappell: Mr. Aiassa: Mr. Mayor and members of Council, Mr. Eliot and I went over this problem and if Council wants to grant additional funds as requested it would have to be done by motion of Council authorizing from the various small accounts as Normally this is not a good practice prerogative in certain emergencies. What we are doing if we do it is voting to a maximum of $950. additional above the $800 or a total of $1750. Motion by Councilman Shearer that City Council authorize the transfer of the accounts listed in the report dated June 9, 19750 to the appropriate account that would make it eligible for payment to the 4th of July Parade Committee. Seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None • BLOCK PARTY REQUEST Taking into account the comments made MRS. RITA SOTO earlier by Council with regard to 2813 Glenhurst Place a Block Party, Councilman Shearer moved 6/14/75 at 1 P.M. to 6 P.M. approval of this request; seconded by Councilman Browne and carried. (Councilman Miller pointed out this referred to the 100% participation of neighbors, not blocking driveways with barbeques, etc.) - 22 - CITY COUNCIL CITY MANAGER AGENDA OWEN MENARD & ASSOC. STATEMENT carried on roll call vote as . AYES: NOES: ABSENT: SCHEDULE FOR BUDGET SESSIONS WOODSIDE VILLAGE MAINTENANCE DISTRICTS NOS. 1 and 2 (Staff Report) eliminate Zone H and require requirements as now spelled resolve some of the problems the natural hill, which seem of the developers have been natural vegetation. As you had the ecologists in the au its natural vegetation don't seem to want the Councilman Browne: Page Twenty-three 6/9/75 Motion by Councilman Shearer to authorize payment of $6955 to Owen Menard & Associates, general plan consultants, covering statement dated May 19, 1975; seconded by Councilman Browne and follows: Shearer, Miller, Browne, Tice, Chappell None None Motion by Councilman Browne, seconded by Councilman Miller to approve the schedule as submitted for forthcoming budget sessions; motion carried. Mr. Aiassa: Mr. Mayor and members of council, I, would like to make a recommendation that the Planning Department and Planning Commission review Zone H. This is the one that keeps cropping up. I think if we the developers to put in the necessary out in the ordinance I believe this will and also clarify the manmade hill versus s to be the technical question that some using as a weapon.to leave the area in its will recall when this was first drafted we dience saying leave the ground green with and now that the property is owned the owners property around them in weeds. INFORMATION REPORTS a) STATUS REPORT ON EASTERLY ANNEXATION NO. 220 b) REPORT RE SENIOR CITIZENS FAIR c C.D.A. PROGRESS REPORT d TRAFFIC SIGNALS - Sunset and Workman Avenue e) Detailed Progress Report Re San Bernardino Freeway MAYOR'S REPORTS centennial and at that tin flag will be presented to City Band will be playing . will be held to a minimum, to raise these flags. It been involved in Flag Day presented we thought it wo and have a short half hour Mr. Mayor, I would make that motion, because I was going to speak somewhat to the same thing. Seconded by Councilman Tice and carried. Motion by Councilman Shearer to receive and file informational reports; second- ed by Councilman Miller and carried. Mayor Chappell: Saturday, June 14, 1975 the West Covina Bi- centennial Committee will be sponsoring a flag day salute to the United States Bi- e the U.S. flag and our official Bi-centennial the City and raised at that time. The All appropriate music for Flag Day, the speeches the military will present the color guard has been a long time since our City has and because of the Bi-centennial Flag being uld be an ideal time to combine a program or so in celebration of flag Day. We certainly hope everyone comes out and that the newspapers will give us a little publicity on this to excite the communitv to come out anH - 23 - CITY COUNCIL MAYOR'S REPORT:', Page Twenty-four 6/9/75 eiew the raising of the flag that will be flying over our City for the next year in selebration of the Bi-centennial Year. The ceremony will start at 11 A.M. If there are no objections I will now proclaim Flag Day June 14, 1975. (No objections) • Also, I found the letter from the West Covina Unified School District. (Read letter) (Asked City Clerk to file) This means they are looking to other areas for disposing this .property rather than just ourselves. Councilman Browne, have you had a chance to meet with anyone yet? Councilman Browne: I met last Wednesday with the Chairman of the School Board and John Eastman and his Associate Superintendent, and expressed our concerns and threw out some projections. I will have some answers sometime this week. I might add they were very receptive to any further proposals we may have to make to them. Mayor Chappell: Fine. I received a letter from the Master of the West Covina Masonic Lodge 758, in which he states "the year of 1976 will mark the 200 anniversary of the United States of America. The West Covina Lodge in conjunction with the LaPuente Lodge and the Baldwin Park Lodge are planning a Bi-centennial Parade to celebrate this event. By the direction of the Grand Master of Masons in California the Masonic Lodges of the State are encouraged to host programs of this nature. We are requesting the City Council to issue the necessary permit and waive permit fees. We further request the Police Department to provide the necessary policing for this event. The parade is to be held Saturday, September 11, 1976 at 10 A.M." Why they are requesting this so far in advance - I am on their Bi-Centennial Committee, is the fact they are planning on bringing out a large contingency of the Shrine Marching Units and they are asking the Potentate to be the Grand Marshall of this Parade and it takes a good year to set up and reserve these various units and have the Potentate put an item of this kind on his calendar. (Explained further) I think it is great that other organizations in our city are taking ahold of this Bi-centennial project and wanting to do something. Motion by Councilman Shearer to approve subject to the review of this by the Police Department and staff; and further waive the fee. Seconded by Councilman Tice and carried. (Mayor Chappell gave the letter to the City Clerk, asking that a letter be sent stating that this was approved.) Mayor Chappell: I have a vaeeust from the Environmental Division of the Foothill Beverage Company asking us to proclaim June as "Pitch -In Month", meaning pitch -in and throw your trash in the containers and not into the, street. The Governor of our State, also the Governors of Nevada, Arizona and Hawaii are also proclaiming this month. If there are • no objections I will proclaim June as "Pitch -In Month". (No objections.) COUNCILMEN'S REPORTS/COMMENTS Councilman Browne: I would like to report to Council that on June 4th we met in the City Manager's office, also staff members of the Fire Department and the three ladies from the Glenhurst location. This was in relation - 24 - CITY COUNCIL Page Twenty—five COUNCILMEN'S _',"PORTS/COMMENTS 6/9/75 to what was expressed tonight and Mr. Aiassa has already taken one step that I was going to propose in instructing the Planning Commission to go back and review the H Overlay in the PCD and some of the other things that have transpired. With regard to the problems of the residents on Glenhurst Place as expressed tonight, they are definitely placed in the jeopardy of a fire situation and this was brought about because the Planning Commission and City Council both listened to the environmentalists coming before us urging that open space be left in its natural state. I think our foresight then was not what it should have been. We made a compromise in the setting of our standards and the type of planning placed on the open areas of our hillsides. I feel that perhaps the ecologists were working hand in hand with the developers at that time in enforcing the fact that we should not plant natural areas and this is where this section of the.hillside comes in. Legally, I think, within our Maintenance District it states that this is a natural undisturbed area and that the slopes are not required under this District plan to be planted and as a consequence the City has a 50' strip of property adjacent to -these people's homes which I think has been seeded in barley in prior years. Now this is not the natural plant coverage that existed in those hills prior to the farming element that was in process for many years before it was developed. This is a natural TMQa®eding of the barley grown in the area which constitutes basically the same thing as weeds on a vacant lot — a real bad fire hazard. Legally and morally we have two problems here. The City has accepted the Maintenance District, we do not have automatic sprinklers, we have not planted any green growth, we have created a situation where there are irrigation sprinklers but they have to be hand manipulated to get any irrigation into the area and up to a week ago I don't believe the irrigation system had been turned on. Consequently we had a very desperate situation inrelation to a fire hazard. Our Fire Chief visited the site, as did some of the Battalion Chiefs and made recommendations of plowing under or cutting this foliage which happened to be barley and left it laying which constitutes just as bad a fire hazard. And where the moral aspect comes in — these people are paying into the Maintenance District and being assessed the same amount of money that other people in the area are who are enjoying a green area and by a quirk of legality are deprived of the same benefits that others enjoy. I would like to instruct staff at this time that they make a further study of this and come back in two weeks with a definite recommendation to alleviate the fire hazard and come up with a means of instituting a program of planting on the portion of 50' that is now within the City's Maintenance District. If Council agrees with me I believe this problem can be resolved and I think time is of the essence. It was expressed here tonight by the ladies that they made an appeal two weeks ago and that nothing had happened other than the meeting we had to try and find a mutual ground to stand on and a method of approach within the legal rights of the City. • So at this time I would ask Council to concur with me on recommend— ing that staff come back with a recommendation to alleviate the situation spoken too tonight. I make that in the form of a motion. Seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None 25 — 171 CITY COUNCIL CO_UNCILMEN'S REPORTS/COMMENTS Page Twenty—six Councilman Browne: Mr. Mayor, going a little further on this. At the same time that Mr. Aiassa requested the Planning Commission review the H Zone I think also specifically the PCD Overlay and the Woodside Village Area should be incorporated in this study to be instituted by the Planning Commission, to resolve once and forever all of our past nearsightedness and place the burden of responsibility on the developer where it belongs and I put that in the form of a motion in addition to the one made by the City Manager. Seconded carried on roll call vote as follows: AYES: Shearer, NOES: None ABSENT: None by Councilman Shearer and Miller, Browne, Tice, Chappell Councilman Browne: I received a letter from Supervisor Schabarum re Project No. 220500 one of information and there was more than one piece of material. (Mr. Aiassa advised copies are being made and the material will be sent to the Council.) Mayor Chappell: I have an item brought to my attention. Sometime ago the City Councii in their wisdom passed some limitations to obscene movies, etc., in our City and the reason we were able to do that was because the legislators — the law they had written was thrown out — which allowed us to have local control. There is now a bill in the Senate that allows the individual communities to have this local control at State level. Our concern was that once we passed that local bill that we would be overruled by the State and our ordinance would go down the drain. We have an opportunity to support Senate Bill 886 which allows the local community to establish these moral standards as they see fit. I think we should go on record and write the Senators involved that we do support Senate Bill 886 and hope they can put it through and have it enacted as law so we at local level can make the decisions in our areas that we know our community wants. Councilman Shearer: How is local level defined in that — incorporated cities? Mayor Chappell: I_ read it to be local community. (City Attorney asked to look the bill over and make a report to Council as soon as possible. The Mayor said if it turned out to be an urgency matter the Council would be polled by phone as soon as the informa— tion was received.) APPROVAL OF DEMANDS Motion by Councilman Browne to approve Demands totalling $9179084.36 as listed on Demand Sheets B669A-70A, C1060-61 and B596-600; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None — 26 — • Page Twenty—seven 6/9/75 Motion by Councilman Shearer to adjourn meeting at 10:30 P.M.; seconded by Councilman Diller and carried. APPROVED: MAYOR - 27 -