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10-14-1975 - Regular Meeting - Minutes0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WkZT COVINA, CALIFORNIA OCTOBER 14, 1975 The regular meeting of the City Council called to order at 7830 P.M. in the West Covina Council Chambers by Mayor Ken Chappelli the Pledge of Allegiance was given, followed by the invocation by the Reverend James Schultz of the First Baptist Church, ROLL CALL Presents Mayor Chappells Councilmen+ Shearer, Miller, Browne, Tice Absents None Others Presents George Aiassa, City Manager George Wakefield, City Attorney Leonard Eliot, Controller Lela Preston, City Clerk Michael Miller, Acting Public Service Dir. Harry Thomas, City Engineer Ramon Diaz, Acting Planning Director Frank O'Connor, Administrative Analyst, Jr. Gus Salazar, Redevelopment Coordinator Kevin Northcraft, Administrative Analyst Eric Cohen, Staff Reporter - Sentinel • Bill Freemon, Staff Reporter - S.G.V.D.T. PROCLAMATION "NATIONAL BUSINESS There being a representation from the WOMEN Is WEEK" West Covina Business and Professional Women's Club in the audience, Mayor Chappell, in concurrence with.the Council, took this matter out of Agenda order. 0 Mayor Chappell: The West Covina Business and Professional Women's Club has asked the,Mayor to proclaim "National Business Women•s Week" October 19-25, 1975• I will proclaim this, if there are no objections. Mayor Chappell read the'Proclamation and presented it to Mrs. Vernette Pemberton, President of the Club. Mayor Chappell] Congratulations to your group. We wish you wells keep up the good work. I think you have come a long way since 1925. Mrs. Pemberton thanked the Mayor and the Council, and introduced the Club representation. - 1 - CITY COUNCIL Approval of Minutes APPROVAL OF MINUTES September 16tt 1975 • (Adj Reg Mtg1 and September 22, 1975 October 14, 1975 Page Two The following correction was made to the minutes of September 22, 1975• Page 5, paragraph 4 should reads "...of that action could be unconsti- tutional. Were you planning..." Motion made by Councilman Browne, seconded by Councilman Miller to approve the minutes of September 160 1975 as submitted, and the minutes of September 22, 1975 as corrected. Motion carried. CONSENT CALENDAR 1. WRITTEN COMMUNICATIONS a) DEPARTMENT OF TRANSPORTATION b) BOARD.OF SUPERVISORS • c) CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD d) BOARD OF SUPERVISORS Mayor Chappell explained the procedure of the Consent Calendar items and asked if there were comments on any of the following items: Notice of Intention to Relinquish Highway Right of Way adjacent to San Bernardino Freeway. (Refer to City Attorney) Re Contract Cities Liability Insurance Program. (Informational. Receive and file) Los Angeles Region - Copy of B.K.K. Landfill - Grout Curtain Emplacement Procedure Report: (Receive and file) Notice of approval of proposed transfer of territory from City of West Covina to City of Covina. (Covina Southerly Annexation District No. 67) (Informational. Receive and file) e) STATE SOLID WASTE Re Coordination of City and County MANAGEMENT BOARD Solid Waste Management.Planning Activities. (Refer to Staff) f) LOS ANGELES COUNTY Re Annual inspection of West Covina DEPARTMENT OF HEALTH City Jail. (Receive and refer to SERVICES Chief of Police) g) LEUKEMIA SOCIETY OF Request permission to conduct annual AMERICA, INC. fund-raising drive October 15 to November 15, 1975 and waiver of Charity Business License Fee. (Approved in prior years. Recommend approval) • h) CITY OF WALNUT Notice of Public Hearing on Conditional Use Permit No. 7-75 for a Drive-Thru Dairy Store, 19677 E. Valley Blvd. Walnut. (Informational Report. (Receive, and file) - 2 - 0 CJ CITY COUNCIL Consent Wandar October 14, 1975 Page Three i) WALNUT VALLEY Requesting review of a Draft WATER DISTRICT Environmental Impact Report covering proposed construction of the Andrew J. Rodzinak Reservoir. ( Refer to Staff) . 2. PLANNING COMMISSION a) SUMMARY OF ACTION 3. RECREATION AND PARKS COMMISSION a) SUMMARY OF ACTION b) ACTION ITEMS 4. PERSONNEL BOARD a) MINUTES b) ACTION ITEMS October 1, 1975• (Accept and file) September 24, 1975.. (Accept and file) To be held over to October 27, 1975• September 18, 1975• (Receive and file) Refer to City Attorney's Agenda Items No. 4 and No. 8 5. HUMAN RELATIONS. COMMISSION a) SUMMARY OF ACTION September 25, 1975. (Accept and file) 6. ABC APPLICATIONS Chief of Police recommends NO PROTEST. a) JUG& JIGGER ENTERPRISES, INC. dba JUG & JIGGER William E. Thompson, Dir/Sec 2650 E. Garvey Avenue 421 E. Sycamore, Glendora b) YUN GUNH,HEARN dba ROYAL CREST DAIRY 143 N. Kenmore, 1818 E. Rowland Avenue Los,Angeles 7. CLAIMS FOR, DAMAGES FILED WITH..CITY CLERK a) MR. & MRS, FRANK P. WILSON Re damaged wearing apparel 1642 Walnut Creek Pkwy. W.C. from newlT painted picnic benches. (Deny and refer to City Attorney and Insurance Carrier) b) VINCENT F. & THELKA HOUSE, Re damages resulting from dba V & T ENTERPRISES traffic accident with police 358 Dalesford Drive unit. (Deny and refer to La Puente.and AETNA City Attorney and Insurance Casualty and Surety, Carrier) .,P.O. Box 1315 San Bernardino _3 CITY COUNCIL Consent Calenda c) FISHMAN & GEORGE 357 S. Robertson Blvd. Beverly Hills, Attorney on behalf of Emille, Lillie, Monique and Lenitra Friend 13224 Arcturus Ave.,Gardena d) SOUTHERN CALIFORNIA GAS CO. P.O. Box 3249 Terminal Annex Los Angeles 8, ANNUAL WATER REPORT October 14, 1975 Page Four Re damages resulting from . traffic accident with police unit. (Deny and refer to City Attorney and Insurance Carrier) Re damages to gas meter set assembly located at 944 West Covina Parkway which occurred on or about September 11, 1975 during curb and sidewalk installations. (Refer to City Attorney) Informational (Receive and file) Motion made by Councilman Shearer, seconded by Councilman Browne to approve the Consent.Calendar items. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENTS None PRESENTATION PLAQUE TO CITY OF WEST On behalf of the West Covina Optimist • COVINA FROM OPTIMIST CLUB Club, Mr. Radofsky and Mr. Chavez made the following presentation. Mr. Radofsky: Mr. Mayor and Councilmen, it is all too often that the City gives out Proclamations and Plaques to the citizens groups for achievements that they have had. This time the Optimist Club of West Covina would like to present to the City of West Covina,.in the spirit of the upcoming Bicentennial, a montage of the history of our nation. Mr. Chavez: It gives me great pleasure to present this to the City of West Covina, Mr. Mayor. This is a Plaque that was designed by.the Optimists Club at Headquarters which we felt, as a Club, that we could donate to the City of West Covina. The gentlemen gave a brief history of the Plaque. Mayor Chappell: On behalf of the Council and the citizens of West Covina, I accept this Plaque with honor. We will place it in the City Hall where our citizens will have the opportunity to view it during the Bicentennial Year,. • We certainly thank you for thinkingof something like thist it is beautiful. Good luck to your organization. - 4 - CITY COUNCIL October 14, 1975 Resolution No,� 5120 Page Five RESOLUTION NO. 5120 Mayor Chappell presenteds ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING GEORGE AIASSA FOR HIS 25 YEARS OF DEDICATED SERVICE TO THE FIELD OF CITY MANAGEMENT. • Mayor Chappell read the Resolution in its entirity. The Resolution highlighted Mr. Aiassa's outstanding and dedicated service to the City, as well as his many contributions. Motion made by Councilman Browne, seconded by Councilman Tice to approve said Resolution. Motion carried on roll call vote as follows AYESs Shearer, Miller,Browne, Tice, Chappell NOESs None ABSENTa None Mayor Chappells George, we certainly -commend you once again for 25 years of service to our community. We know that there are a lot more years left in you, so keep up the good work. The people of this community certainly commend you for your efforts and continued efforts on their behalf. (The Resolution will be perma-plaqued.) PUBLIC WORKS LOS ANGELES COUNTY AID LOCATIONS Citywide TO CITIES FUNDING RESOLUTION NO. 5121 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES'FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS. Mr. Thomass This Resolution is a requirement in order to receive the Aid to Cities Funds. This particular request is for general main- tenance of City streets. This action is taken on an annual basis to secure funds for the current fiscal year. Motion made by.Councilman:Tice, seconded by Councilman Browne to waive further reading of the body of said Resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Browne to adopt said Resolution. Motion carried on roll call vote as followss AYESs Shearer, Miller, Browne, Tice, Chappell NOESs None ABSENTS None f,? CITY COUNCIL PlIblig Works TRACT NO. 18205 INTENTION TO VACATE WALK- WAY - CAJON CIRCLE October 14, 1975 Page Six LOCATION: Between Azusa Avenue and Cajon Circle, northerly of Francisquito Avenue RESOLUTION N0. 5122 The City Attorney presented: ADOPTED A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A WALKWAY DEDICATED PER TRACT NO. 18205 ADJACENT TO A CERTAIN PORTION OF AZUSA AVENUE. (Setting November 10, 1975 for Protest Hearing) Motion made by Councilman Browne, seconded by Councilman Miller to waive further reading of the body of said Resolution. Motion carried. Councilman Tice indicated that he wondered if this would really solve the problem that we have, or whether it would be just moving it to another area. Motion made by Councilman Browne, seconded by Councilman Miller to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None TRACT NO. 27416 LOCATION: Calle Baja East of Camino RELEASE BOND De Gloria. PICKERING ENTERPRISES Motion made by Councilman Tice, seconded by Councilman Miller to authorize release of National Automobile and Casualty Insurance Company Faithful Performance Bond No. 211700 in the amount of $5,000. Motion carried. TRACT N0. 31095, LOCATION: Northerly.of Amar Road, STREET & ALLEY VACATION adjacent to Ridgewood Drive. WOODLANE DRIVE RESOLUTION 5123 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VACATING AND ABANDONING A PORTION OF A STREET WHICH HAS BEEN SUPERSEDED BY RELOCATION (WOODLANE DRIVE & ALLEY) Motion made by Councilman Miller, seconded by Councilman Browne to waive further reading of the body of said Resolution. Motion carried. Motion made by Councilman Miller, • seconded.by Councilman Browne to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice Chappell NOES: None ABSENT: None 6 _ ,' CITY COUNCIL Public Works TRACT N0. 31095 - AUTHORIZE EXECUTION OF A CORPORATION QUITCLAIM DEED - DONALD L. BREN CO. RESOLUTION N0, 5124 ADOPTED October 14, 1975 Page Seven LOCATIONS Woodland Drive, northerly of Amar Road, adjacent to Ridgewood Drive. The City,Attorney Presented: A`RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CORPORATION QUITCLAIM DEED AND AUTHORIZING THE EXECUTION THEREOF. Motion made by Councilman Browne, seconded by Councilman Miller to waive further reading of.the body of said.Resolution. Motion carried. Motion made by Councilman Browne, seconded by Councilman Miller to adopt said Resolution. Motion carried on roll call vote as followss AYES# Shearer, Miller, Browne, Tice, Chappell NOES # None ABSENTS None TRACT NO. 32580 LOCATIONS Southerly of Giano Street, ACCEPT GRANT DEED - westerly of Gemini Street. ROWLAND UNIFIED SCHOOL DISTRICT • RESOLUTION NO. 5125 The City Attorney Presented# A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A GRANT DEED EXECUTED BY ROWLAND UNIFIED SCHOOL DISTRICT FOR SEWER PURPOSES AND DIRECTING THE RECORDATION THEREOF. Motion made by Councilman,Shearer, seconded by Councilman Miller to waive further reading of the body of said Resolution. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Miller to adopt said Resolution. Motion carried on roll call vote as follows: AYES# Shearer, Miller, Browne, Tice, Chappell.. NOES# None ABSENT # None PROJECT NO., SP-?3005 LOCATIONi Northeast corner of Cameron AUTHORIZE SETTLEMENT FOR Avenue and Barranca Street. RIGHT-OF-WAY ACQUISITION VIGGO RASMUSSEN • Mr. Wakefield briefly reviewed the history of the matter. Motion made by Councilman Tice, seconded by Councilman Browne to (a) approve a total settlement for the land,, improvements taken and severance for the property located at the northeast corner of Cameron Avenue and Barranca Street in the amount of $17,500.1 and.(b) to authorize the CITY COUNCIL Public Works October 14, 1975 Page Eight expenditure of $5,500. from the Small City Cooperative Projects Account for the balance of the recommended settlement not included in the court deposit. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None FIVE YEAR PUBLIC WORKS PROGRAM 1975-80, REVISION Mr. Thomas explained that an exchange of funds was requested because a Resolution similar to that just adopted for ATC funds is required. The Vincent Avenue project, at this point, is too far along to qualify for ATC fundingi therefore Staff recommended a switch of the ATC funding to the Walnut Avenue project, which has not yet commenced. And, that Gas Tax monies originally budgeted for the Walnut Avenue project be switched to South Vincent'Avenue. Motion made by Councilman Shearer, seconded by Councilman Miller to approve exchange of funds between Walnut Avenue project and South Vincent Avenue, et al project, as indicated in the..City Engineer's Report. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None JOB STATUS REPORT Motion made by Councilman Shearer, seconded by Councilman Miller to receive and file the Job Status Report. Motion carried. YOUTH ADVISORY COMMISSION Next regular meeting Tuesday, October 21, 1975 at 7130 P.M. CITY ATTORNEY ORDINANCE NO. 1278 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING PART 14B TO ARTICLE IX, CHAPTER 2 - ZONING OF THE WEST COVINA MUNICIPAL CODE, ESTABLISHING THE PLANNED ADMINISTRATIVE RESEARCH (PAR) ZONE. Motion made by Councilman Shearer, seconded by Councilman Miller to waive further reading of the body of said Ordinance. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Miller to adopt said Ordinance. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, `= Chappell NOES: None ABSENT: None , .'. ;r -8- CITY COUNCIL City Attorney October 14, 1975 Page Nine RESOLUTION NO. 5126 The City Attorney presented& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA* CALIFORNIA DENYING AMENDMENT NO. 125 RELATING TO THE MAINTENANCE OF HORSES IN THE SINGLE FAMILY RESIDENTIAL ZONE. Motion made by Councilman Shearer, seconded by Councilman Miller to waive further reading of the body of said Resolution. Councilman Tice+ Staff is coming back with recommen- dation of approval, I am assuming. I still find it rather difficult to approve this. I have no objection to the 20,000 square feet for the maintenance of horses, but I do object to the area where they keep livestock. I think it should be restricted, not through- out the whole City. If this comes through again, I think it should be an overlay type of approach in the east portion of the City. I know there are some lots scattered throughout very heavy residential areas where it is possible to keep livestock and I don't think that is what we want. I think it should be restricted to the east area of the City in an overlay type of approach. Councilman Browne] Are you referring to an overlay zoning over the area districts that are concerned?' Councilman Tices I think I would be satisfied with that. Councilman Browner Staff is recommending a Study Session. I think to do justice to this, we should sit in a Study Session to iron out some of the minor details that prevented us from passing the Ordinance. Mayor Chappells I would have to agree because I would certainly vote down the amendment without a Study Session to put all of our feelings into the regulations themselves. I think if we vote this down, and the.Chair calls for a Study Session, we will come up with a better project than we have right now. Councilman Millers I concur. I feel that under R-1, Zoning No. 4, the wordage needs some clarity. And, I do have some reserva- tions about the 20,000 square feet. Also, in relation, the letter that was given to us - there seems to be a communication problem between the County Health Department and the City in giving out standards to the people out there. Possibly this is an area that we can pretty much help the County understand our ordinances and give them what- ever necessary information they need, so that when they are out in the City of West Covina they are giving our standards and not their standards as to how many feet away from human habitation, or property lines. Councilman Shearer& Would it be table this Session? -9- parlimentary correct to matter pending a Study CITY COUNCIL City Attorney October 14, 1975 Page Ten Mr. Wakefields The Council has concluded its Hearing on this matter. Your action at your last meeting was to deny the amendment. This Resolution confirms that recommendation. The appropriate procedure would be to simply pass the Resolution, hold the Study Session, and give what- ever direction as may be appropriate to Staff with reference to further proceedings by the Planning Commission. Motion carried to waive further reading of the. body of said Resolution. Motion made by Councilman Browne, seconded by Councilman Shearer to adopt said Resolution. Motion carried on roll call vote as follows AYES# Shearer, Miller, Browne, Tice, Chappell NOES# None ABSENTS None Motion made by Councilman Browne, seconded by Councilman Tice to instruct Staff to hold a Study Session to further reconstruct the Ordinance to the satisfaction of the City Council. Motion carried. HEARINGS • AMENDMENT NO. 129 Proposed Amendment to Section 9218, CATEGORICAL EXEMPTION Chapter 2 - Zoning, Article IX CITY INITIATED of the West Covina Municipal Code pertaining to the grading and exca- vation of land outside of the Hillside Overlay Zone and certification that the Categorical Exemption is consistent with the State of California Environ- mental Quality Act. Recommended by Planning Commission Resolution No. 2608. (Proof of Publication in the West Covina Tribune on October 2, 1975 received. No mailed notices required.) Motion made by Councilman Tice, seconded by Councilman Browne to receive. Motion carried. Mr. Diaz, Acting Planning Director, briefly summarized the Staff Report dated September 17, 1975, wherein Staff reported,that the Ordinance passed on March 25, 1974 amending sections 9216.2 and 9218 of the West Covina Municipal Code relating to the grading and excavation of property and extending the amount.of property within the Hillside Overlay Zone did not include any provision for a property owner to regrade his property to improve his drainage pattern. Therefore, Staff recommended this Amendment to permit grading for emergency drainage purposes only,as determined by the Director of Building and Safety. - 10 CITY COUNCIL HEARINGS.- Amendment No. 129 October 14, 1975 Page Eleven THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF AMENDMENT NO. 129, CATEGORICAL EXEMPTION. IN FAVOR None. IN OPPOSITION None. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION Motion made by Councilman Tice, seconded by Councilman Browne to approve Amendment No. 129 and the Categorical Exemption therefor. Motion carried. ZONE CHANGE NO. 493 Proposed Change of Zone from R-A CATEGORICAL EXEMPTION (Residential -Agricultural) to 0-S CITY INITIATED (Open Space) on certain parcels of excess land created by the State freeway widening project and certifi- cation that the Categorical Exemption is consistent with the State of California Environmental Quality Act. Recommended by Planning Commission Resolution No. 2609. (Proof of Publication in the West Covina Tribune on October 2, 1975 received.) Motion made by Councilman Miller, seconded by Councilman Browne to receive. Motion carried. (The following record of this Hearing has been transcribed verbatim.) Mr. Diaz: Mr. Mayor, Members of.the City Council, on September 17th of this year the Planning Commission adopted Resolution 2609 recommending that the City Council rezone certain parcels from R-A, their existing zoning, to Open Space. The Environmental Quality Element, which the City Council adopted in January of this year, calls for certain scenic highways to be established within the City. One of these being I-10, the San Bernardino Freeway. .The Environmental Quality Element was reviewed by Caltrans, both in Sacramento and in'Los Angeles. We received no objections to any portion of that Element, which included the Scenic Highways portion of the General Plan. The current General Plan, which was adopted in-1969, also shows a scenic corridor landscaping along the San Bernardino Freeway. So, as early as 1969, prior to the requirement by the State of California for a Scenic Highway Zone or an Open Space Element, a more extensive treatment of land- scaping was believed necessary along that freeway. The State has acquired in parcels that are not utilized within the freeway. And, of the size, topography, limited access or proximity to fee many -✓ because the freeway CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No, 493 Page Twelve are generally unsuitable for development. Not all freeway excess parcels are being included in this Zone change. Just those parcels which we felt were not suitable for development. • You have, within the packet which was submitted to you, two sets of maps. One set describing the parcels and giving them a letter code, and a second set showing these maps with the surrounding land use. I would now like to go through a brief slide presentations I will'try to go through it rather quickly, and indicate what the problems are in each parcel. If you wish to follow along, just taking the first set of maps or the second set will do it. This is Parcel B that is showsn on the map. And, this is a slide shot of Parcel A that is on that map. Parcel B was formerly in the freeway right-of-way, as can be seen. We could not determine from the area whether it was landscaped at one time or not. Now, Parcel A, on the south side of the freeway, north of Garvey Avenue between Sunkist and Orange; total area of the parcel is 2,875 square feet. Staff feels that because of its size, it should not be developed and rezoned to anything but Open Space. This is Parcel B looking southwest, and this is Parcel B looking south. You will note the slope problems there. Again, as I indicated, Parcel B was part of the freeway right-of-way. Total area of Parcel B is 20,372 square feet, but there are problems there with the drainage easement, and slope problems. • This is the aerials the northerly piece is Parcel C on your map on page 2. Parcel C involves a total area of 27,605 square feet. Parcel C was in the freeway right-of-way originally, and it was landscaped. This is looking south from Parcel C; and, this is looking southeast. There are some problems on Parcel C with regard to access, but, primarily, again, Parcel C was in the original freeway right-of-way and was landscaped prior to the widening of that right-of-way. Now, this is the aerial indicating Parcels D, E and F. All were in the freeway right-of-way, but were not landscaped. This is Parcel ll. You will note the extreme slope on the south. Parcel D has a total area of 51,967 square feet. But when we cut it down in terms of useable area, eliminating the slope, it has a total area of 39,150 square feet, which is smaller than our Neighborhood -Commercial Zoning requirement of 4 acres. This is Parcel D looking south. You will note the fact that it is level adjacent to the freeway; that makes it somewhat unsuitable for residential development. Such develop- ment would be inconsistent with our newly adopted Noise Element of the General Plan. This is an alley, which is the only access to Parcel D. If we were to place multiple -residential or commercial development on Parcel D, access would, indeed, be a tremendous • problem. This is the south side of Parcel E. Again, not the slope. Parcel E has a total area of 36,198 square feet, but when we eliminate the slope area, we have a total useable of 27,820 square feet. This is a shot of Parcel E showing the slope and the amount of grading that would be necessary if access were to be forced unto Garvey Drive. Again, not a tremendously advantageous. situation for development because of cite/distance problems. - 12 - 0 • CITY COUNCIL October 14, 1975 HEARINGS - Zone Change .No, 493 Page Thirteen This is Parcel F. Again, you will note the slopes on Garvey and Lark Ellen. This.is Parcel F looking due east. Again, I'd like to note the slope on Lark Ellen; the stairway up to Lark Ellen. Parcel F is 19,384 square feet, but when we get down to the useable area, we are only talking about 12,000 square feet. Again, this is Parcel F looking towards the intersection, and we note the cite/distance problems. Mayor Chappell: Hold it just a second. When you are driving down that street, just before you get to the place where the first car is with the taillights on, we are going to have a,lot of wrecks there because the vision is practically non-existent as you come around that curve. I,wonder if that could be called to some- one's attention because I can visualize a lot of problems, especially if someone is not adhering to the speed limit along that street. If something could be done to get that slope regraded or something so that you would have a little longer vision as you go around that: curve, it might certainly help us in the future as far as traffic is concerned. But, that probably should go to the Traffic Committee but I thought I would bring it up at this time as to my observations of that location. Mr. Diaz: Yes, Mr. Mayor. This is an aerial indicating the northerly pieces G and H. Again, G and H were in the former freeway right�-of-way. Both pieces were landscaped. Parcel G is approximately 43,000 square feet. The terrain there is level to sloping. Parcel H has 4,926 square feet and problems with sloping. Again, I would like to emphasize that both of these parcels were in the former freeway right-of-way, as can be seen by the aerial, and were landscaped. This is a shot of Parcel G looking south for theright-of-way.: And, G looking north showing limited access from Azusa Avenue. Where the freeway fence ends;, and the yellow building - that is the only access to that parcel from Azusa Avenue. If we are talking about residential development, again, that type of development might, indeed, be inconsistent with our Noise Element of the General Plan because of its proximity to the freeway, This is a shot of Parcel H looking east. Our records currently show no additional.excess freeway parcels north of the San Bernardino Freeway on the east side of Azusa. We feel that in the future there may be some additional excess freeway parcels created there. But, our records at this time don't show it. So, H appears on that map to be isolated. Also, as indicated in the Report, Parcel H is designated.as a City Yard, and it is actually a State,.Yard for storage of equipment, This is an aerial along Hollenbeck showing Parcels J, K and L. This is a shot of Parcel J looking north. Again, note the slope. Total area of Parcel J is some 25,439 square feet`, but when you get down to the useable area, we are talking about 16,958 square feet. - 13 - CITY COUNCIL HEARINGS - Zone Ch_anae No, 493 October 14, 1975 Page Fourteen This is a shot of Parcel K looking northeasterly. Again, the slope is about 15 feet plus from the street. This is a shot of Parcel K looking easts note the drop on Garvey Avenue, and the slope on Hollenbeck. • This is a shot of Parcel L looking northeast. Before I forget, Parcel K is 30,623 square feet and when you get down to useable area, we are talking about 21,600 square feet. Parcel L, that total area is 22,739 sgaure feets. useable area is cut down to 14, 605 square feet.. This is Parcel L looking northeast, again. Note the degree of slope cutting down the amount of flat land that could be developed if it would be consistent with our General Plan, which, as I have indicated earlier, it may very well not be. This is an aerial of the sliver, as Mr. Miller is pointing to, Parcel M. Parcel M was formerly part of the freeway right-of-way and was landscaped. Also, Parcels J. K and L were in the former freeway right-of-way. Now, Parcel M was in the former freeways right-of-way and was landscaped. This is a shot of Parcel M looking north. Again, you can see the limited size. That Parcel has a total area of 12,029 square feet. Too small for a type of development in terms of West Covina standards. Even the Service -Commercial Zone has a limitation of 15,000 square feet with a minimum width of 100 feet, minimum depth of 140 feet. This is a shot of,Parcel N looking northwest. • This is an aerial showing Parcel P which is on the map where Mr. Miller is pointing out. Parcel P is 39,672 square feet in area. It has problems with topography. Again, this parcel was part of the former freeway right-of-way and was landscaped. We had some problems with Parcel R and it is not on the aerial. Parcel R is between the old and new Garvey realignment. This is a shot of Parcel P looking east; note the slope, lack of depth and the unusual shape of the parcel making it relatively unsuitable for development in terms of the City of West Covina standards. . This is a shot of.Parcel R, a very small piece. Total area of Parcel R is 3,688 square feet. This is an aerial of Parcels S and T. They are very small parcels. Parcel S has a.total of 300 square feet. Parcel T has a total of 720 square feet. This is an aerial indicating Parcel U. which is on the right-hand side. Parcel U has a total of 59413 square feet, but, as can be seen, it is a little bit slopy. So, we find that this parcel is unsuitable for development. That is it for the slides. 14 - CITY COUNCIL HEARINGS - Zone Change No. 493 October 14, 1975 Page Fifteen Again, I would like to emphasize two things. (1) That the City is not rezoning all excess freeway parcels to Open Space. (2) That a number of these parcels were in the former freeway right-of-way. And, a great many of them • were not only in the former freeway right-of-way, but were also landscaped. The adopted Environmental Quality Element of the General Plan calls for the I-10, the San Bernardino Freeway, to be used as a scenic corridor through the City of West Covina. As early as 1969, that adopted General Plan shows land- scaping, extensive landscaping, throughout the San Bernardino Freeway. We feel it is consistent with both the adopted.Specific and General Plans of the City of West Covina that these parcels be rezoned from their current zoning designation to the newly adopted Open Space designation. That Zone was adopted as part,of the implementation process of the City°s Environmental Quality Element. At this time, I am open to any questions. Mr. Wakefields Mr. Mayor, there is in the audience Mr. Larry Danielson who is here repre- senting the State,Department of Transportation this evening. He desires to be heard with reference to this matter. I am sure the City Council will recall that under date of September 11, 1975, a letter was addressed to the City Council by the Legal Division of the Department of Trans- portation setting forth certain objections to the Urgency Ordinance which rezoned these same excess freeway parcels. And, this proposal which pends before you this evening is the recordation of the Planning Commission with reference to the permanent zoning of the parcels in question that have been described. I have reviewed the letter submitted by the State. I, frankly, find that there really is no substance to the legal issues which are presented in that former communica- tion. It seems to me that the principles which are.applicable in this situation are the same principles that are applicable in any rezoning proceedings. The primary consideration, of course, is whether or not the proposed change will serve the public interest and is consistent with the Open Space Element of.the City®s General Plan. If the City Council makes such finding,.then, in my opinion, it has the authority and the jurisdiction to proceed with the rezoning of the parcels in question. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF ZONE CHANGE NO. 493, CATEGORICAL EXEMPTION. Mayor Chappells If there anyone in the would like to speak in the recommendation by City Attorney, and our Planning Commission, please microphone,.give your name and address, and we will you to speak. - 15 - audience who opposition to our Staff, our step to the certainly allow CITY COUNCIL October 14, 1975 HEARINGS - Zone Change, Now 93 Page Sixteen Mr. Larry Danielson (Sworn in by City Clerk.) Attorney, Dept. of Transp. Some weeks ago I wrote a letter to 107 S. Broadway the Council, and I guess it was . Los Angeles, Ca. passed on to the Planning Commission. I wasn't able to attend the Hearing myself; one of my colleagues from the office did come down and discussed it with the Planning Commission. About four days after I wrote that letter, a United States District Court in the Northern District of California cage down with a decision, the first to my knowledge of any of the Courts operating in the State of California (this is Federal Court),dealing directly with the question of Open Space Ordinances. There are a number of differences in the factual back- grounds of the property involved. But, I think the principles are pretty clearly set forth by District Judge, what's his name, Schnake. Briefly, I just got this - as a matter of fact last Friday, and yesterday was a State holiday, so I didn't come to work. This evening I did, for the purposes of having the City Attorney look it over and at least get the Citation of the case so that he might get a chance to review it in depth. But, I'd like to read a few of the comments of the Federal Judge regarding an Open Space Ordinance adopted with respect to private property in the City of Palo Alto. Now, true, most of these properties that are proposed to be zoned Open Space do belong to the State • of California. Some of them don't. Frankly, I couldn't keep track of the Staff presentation here because we don't have Parcel A, B, C. etc. All I have are the designations given out in the Notice of Hearing. So, I can't tell you with reference to the parcel numbers which ones the State owns, and which ones are privately owned. As a matter of fact, I think there is at least one that is presently owned by the City of West Covina, which is your own problem. But, our problem deals with, as I think the Council is advised by the letter which I wrote earlier, on the question of evaluation. In any case, the Federal District Judge, dealing with a similar problem - not identical, but, a similar problem, and this is the first one that I know of dealing with -an Open Space Ordinance, held as followsi "Although the Ordinances suggest on their face a basis for their enactment in the way of carrying out State Open Space policy, the State definitions of Open Space land cannot fairly be said to describe Plaintiff's land. In fact, there was no basis at all for passage of Ordinances Nos. X and Y, in the way of promoting public health and/or safety. The plain object of the Open Space Ordinances was to achieve the same result to the full extent possible as would have been achieved through purchase of the land itself. Although the Ordinances purport to permit a variety of land uses, the same are substantially fewer and more restricted than those available under the prior zoning. And, none of the uses remaining has any substantial viability and/or economic reasonability when applied to the.subject property." - 16 - CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No, 493 Page Seventeen The Court gets on to discuss the law in the matter. "Care must be taken to distinguish between the power of the community to zone and the power to condemn. Both powers have their source in the authority of the community . to act in the public interest. The nature of the public interest is considered differently, depending upon which of the two powers the public authority is purporting to exercise. Clearly, schools and parks are a matter of public concern, and establishing them in the public interest. But one's property may not be taken for either purpose without compensation." (This was not a school and park case, it was an example given by the Federal Judge.) "If a parcel of property was zoned exclusively for park purposes, or exclusively as a school play- ground, the purported regulation would, in fact, be exercised. Which of the powers is being used does not necessarily appear in the form in which the community puts its action. Indeed, the entire concept of inverse condemna- tion arises from circumstances in which harsh regulation unduly invades private property.' In the present case, facts require the conclusion that the Open Space Ordinance was not a bonified attempt to impose limitations of the use of the property by the Plaintiff, but rather the final step in a program designed to acquire rights of the property for the enjoyment and use of the .public in general. The City would have us look no further than the language of the Ordinance in determining its validity. • Ordinarily, a Court may not inquire into the motivation of a legislative body in passing the legislation under consideration. Courts may, however, appraise the nature and scope of governmental behavior - prior history, the basis upon which the determination was made, and any other relevant facts in determining whether the legislation is unreasonable, oppressive or confiscatory." Its a long decision - over 40 pages. "While the city's method of proceding may be open to question, there can be no doubt of the desirability of their purposes. Open spaces are rapidly disappearing. A sad fact in this all too crowded world. But, however laudable the motive to preserve scenic beauties, the City must act, not by subterfuge, but by law. California law permits Palo Alto to exercise its right of eminent domain in all public uses authorized by the State Legislature. The acquisition of open spaces and other areas for public use and enjoyment is specifically authorized by Government Codes Section 6950. California Government Code Section 69512 relating to the enactment of Open Space Zoning Ordinances provides as follows+ 'The Legislature hereby confines and declares that this Article is not intended, and shall not be construed, as authorizing the City or County to exercise its power to adopt, amend or repeal an Open Space Ordinance in a manner which will take • or damage private property for public use -without the payment of Just compensation therefor.'" The Court initially found as follows. "There has clearly been the appropriation of the valuable property right of the Plaintiff in the present circumstance, whether the taking be deemed a scenic easement, an. open space easement, or something different." - 17 - CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No. 493 Page Eighteen The next question is# What really shall be afforded? The Court found there had been an inverse condemnation and required, and is going forward, as a matter of fact, at the present time with the Hearing on the question of • evaluation. Now, as I say, there can be a lot of distinctions made between the holding of this Federal Judge and what might be expected in the Courts of this State. But, I think that its a direction to look at. I think the City Council should take a second look at the effect of these Ordinances, at the potential consequences, financially as well as with respect to their own problems of enforcement and what not. The City Attorney should take a look at this decision, and,perhaps, advise the Council on how he thinks it might effect, on if a similar decision came from the California Courts, how it.might effect a potential law suit between the State of California and the City of.West Covina. We are not here inviting a law suit, but we have in the areas - and, I counted them just as I was sitting here waiting to be heard this evening, what the State's or the Department's estimate to be well over $200,000. worth of property which the,City has decided ought to be devoted only to land- scaping or to similar non -financially rewarding uses. The Department is not in the position at the present time to donate these properties to the uses to which the City wants to put them. We are willing to sell them to you; we might have to force you to buy them. So, my recommendation would be to • restudy it a little bit, and not take any final action tonight. Mayor Chappells Thank you very much for your presentation. Is there anyone else in the audience who would like to speak either in favor or in opposition to what we are discussing at this time? Dr. Russel Rohde (Sworn in by the City Clerk) 18822 East Cortez As I understand, the proposal is one Covina, Ca. which would prohibit the residential use or agricultural use of the properties shown on the maps. This would: then turn the properties from R-A to an Open Space Zoning. My question is (1) whether or not there might be a consideration that the adjacent property owner of those parcels which are adjacent to a property might not be made available to a property owner if just !(use for that land could be found. Now, I'd like to know what the impli- cation of the Open Space Zone change is. Frankly, I am in favor of what I heard proposed by the Planning Board. And, it would seem that it would pretty much put on the back of those others than the • property owners, and probably the City, and change to the State to underwrite the development and maintenance of these Open Space areas. If you look at these maps, most of these areas are encircled by freeways, and I can't envision building a house out there, or cultivating it and planting a garden as they do in some areas. I think this areas has been raped n U CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No. 493 Page Nineteen somewhat by the freeway system. We have some small, cut-up particles of land averaging some ten to twenty thousand square feet, a half acre or less. We have been shown the slopes and the hills, valleys and run-offs. We know what is going to happen when the rains come. They are not developed. We were told that they were developed before; now, they are not. And, I want to know who is responsible for this lands who is going to culture this land; and, who is going to provide for the water run-offs, and so forth. Who is the owner of the land presently? Who will become the owner or the responsible party of the land when it becomes Open Space? I can't imagine that we are in violation of the law by making this Open Space, which I would be in favor of with the exception of one parcel that was shown that looked like it might be accessible for storage area next to what appeared to be an industrial company. The other areas look to me unsafe for public use, unsafe exits or entries therefrom. I would favor the change to Open Space status. I certainly wouldn't want to build on one of these areas for numerous reasons. I think these are well -shown by the photographs. Mayor Chappells Thank you, Doctor. Mr. Wakefield, do you want to answer some of those questions at this time regarding ownership, main- tenance, etc. Mr. Wakefields Yes, Mr. Mayor. If I may comment . briefly with reference to the matter as I see it. Initially, I should point out to the City Council that it seems to me that there are very vital differences between the case to which Mr. Danielson referred and the situation which is presented here this evening with reference to the rezoning of these particular parcels. As Mr. Danielson had indicated, the City Zoning Ordinance is not binding upon the State of California. The City is not purporting to limit the use which the State itself can make of the properties. What the State seeks to do, insofar as the future is concerned, is to simply sell the properties into private ownership and to secure the best possible price for the property. I think the price which the State may receive in any sale of the property will ultimately be effected by the use which the purchaser can make of the property. And, admittedly, under the Open Space Zoning provisions of our Ordinance that use is substantially restricted. However, to the extent that the State may desire to use the properties for any governmental purpose, it is free to do so sofar as the City Zoning Ordinance is concerned. The properties in question, to the extent that they were not a part of the previously existing free- way rights -of -way, were acquired by the State through condemnation or purchase,and,generally speaking,are parts of larger parcels - part being required for the freeway widening, part turning out now to be so-called excess parcels. That is excess to the freeway needs of the State. - 19 - • CITY COUNCIL October 14, 1975 HEARINGS - Zond Change No. 493 Page Twenty As the Planning Department Report indicates, most, if not all of the problems, are severely restricted both with respect to access, the size of the parcel necessitates very limited development potential, the obvious uses to which the properties can be put are limited by terrain and by location. The fact is, I think, that our Zoning Ordinance, which is mandated by the State insofar as, Open Space uses are concerned, defines Open Space as in part land which is essentially unimproved and required for the protection of the public health and safety, including the protection and enhancement of air quality. I think that the Council is well aware that one of the methods that is commonly used used along the freeways for the protection of air quality and a reduction of the effects of noise is heavily landscaped open space. The rezoning of these particular parcels seems to be consistent not only.with the City°s General Plan, but also consistent with the. dictates of our Open Space Ordinance. This is not a case as existed in the Palo Alto decision in which the City, over a period of years, had negotiated for the acquisition of property and was still prepared to acquire it. I think when those negotiations broke down because of complex economic factors, increases in price attributable not only to inflation but development of surrounding areas, the,City ultimately resorted to the rezoning of the property for Open Space purposes as a means of reducing the price which it might ultimately have to pay for the acquisition of the property. No such pattern, past conduct with reference to the acquisition of the parcels in question exists here. What the City is attempting to do, at least on the basis of the Planning Commission's recommendations, is to see that the properties are devoted to that use for which they are most suited and that use which will best serve the public interest of the residents of the City of West Covina. Mayor Chappella Thank you Mr. Wakefield. Is there anyone else in the audience who would like to speak in favor or in opposition? Councilman Tices Question. Mr. Mayor. Did we answer the Doctor's questions that he had? Mayor Chappel13 Doctor, did we answer your questions to your satisfaction? Dr. Rohde= Well, I wondered, who is the current owner, and would there be any change in the ownership or the.liability of these lands if changed from R-A to Open Space, ..which I would be in favor of. Mr. Wakefieldi Mr. Mayor, Members of the City Council, Doctor, the representative of the State Department of Transportation has indi- cated that, and I think that the majority of the parcels are currently owned by the State of Cal fornia. Some of them have already been sold into private ownership. And, the State is in -20- Is CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No. 4D Page Twenty-one the process of attempting to place the remaining parcels on the market for sale to private individuals. The situation might be different if the zoning were imposed after the sale. As to those parcels which are already in private ownership, the City may be faced with a problem of enforcing the zoning requirements. But, I think that in the main, we would not find it difficult to do that. I guess what I am saying is that I don't think the City has any financial responsibility by virtue of whatever action is taken here this evening either to the State or existing owners of those parcels. It is true that the City has no effective means of compelling the landscaping of the parcels either in the hands of the State, or private ownership. Again, our jurisdiction is limited to those parcels that are in private ownerships and,as to those,we would have the same right to abate weeds and see that the property is adequately maintained that we have with other vacant.properties within the City. Mayor Chappell: A11 right. Is there anyone else who would like to speak in favor or in opposition at this time? If not, then I'll... Councilman Shearer: Mr. Mayor, I have something I want to say, and the City Attorney has advised me that in order to say it, I first must ask to be excused from deliberation, and exercise my right - not as a Councilman, but as a citizen of West Covina at the microphone. If I may. Mayor Chappell: Mr. Shearer, you may step to the microphone, and speak either in favor or in opposition. Let the record show that Councilman Shearer.is now speaking as Citizen Shearer. Mr. Shearer: And, I am not speaking in favor or opposed, so do I have to be sworn in? Mayor Chappells Yes, you do. Mr. Shearer: (Sworn in by City Clerk.) Obviously, Mr. Mayor and Members of the Council, I find myself in a bit of a predicament here in attempting to get my thoughts across, and the City Attorney has advised me that this is the proper way in which to do it. First off, I want to make one thing very clear. I think the City of West Covina, the citizens of West Covina, have gotten the extreme short end of the shaft from the Department of Transportation with regard to the dealings of excess property. I.also recognize that,.and agree with, the goals which the Staff and Planning Commission are attempting • to accomplish. I have serious doubts in my mind, however, that this approach will do it. We are desirous of open, landscaped areas. Now, without getting into the legal questions of inverse condemnation, etc., which I will defer to our two attorneys, - 21 - CITY COUNCIL HEARINGS-- Zone Change No. 423 October, 14, 1975 Page Twenty-two putting that aside, as Mr. Wakefield just indicated, there is no way that the City can force, even though we may be able to prohibit the State from selling to anyone, there is no way that we can force the State to landscape. What bothers me in this situation is that if we take this approach, that we may well antagonize the State to the point where they say "fine." They have done that before. We see examples of it quite frequently through the'City (I disclaim any part of that, of course) inhere the State has said, "Well, okay, this is the law; this is what we have a right to do. We'll go in and spray 24D, which is a very high sterilent, and it will remain open space." I don't think that is really what we want. On the other hand, we may be able - and, I say "may" with somewhat high reservation, to work with and through Assemblyman Lancaster and Senator Richardson some agreeable solution to this problem. I recognize there is an immediate problem, however, and that is to keep anything from occurring. I am merely pointing these things out, just in case these thoughts have not come to your mind, and I am sure they had. Frankly, if I was going to vote on, this matter, I wouldn't have the slightest idea at the moment because I came here tonight thinking I would sit back and relax and enjoy about 30 minutes or so of just brainstorming. Then, these • ideas came,to my mind. Will this action that is recommended by Staff and the Planning Commission enable you to accomplish the desired goal which is nice, green, landscaped areas. Particularly, when Caltrans has told you that there is no money to.even land- scape.that portion inside the freeway fence. So, we already have a major problem. You gentlemen know that the City does not have the wherewithal to landscape, much less maintain once it is finished. So, we have a major problem that possibly through negotiations could be solved. But, what concerns me, that with this type of approach we may build up an antagonism. On the other hand, if we don't get people's attention, then there is no, way of negotiating. So, on one hand, I say do whatever you do with a great deal of concern, but do something. Maybe this is the solution. Maybe this will get the attention - obviously, it has gotten the attention of. the Legal Division through the letter and Mr. Danielson b-eing, here this evening. And, as the old story with the mule and the 2 by 4 over the head - before anything can get done, you have to get someone's attention. Sometimes bureaucracies, of which we are all part, are just as stubborn as the old mule, and maybe tonight we have to apply the 2 by 4 to get their attention. So, with that, I think I will sit down here in the audience since I have already excused myself f" from the deliberation. Mayor Chappell: Is there anyone else in the audience who would like to speak either in opposition or in favor? 22 - CITY COUNCIL HEARINGS - Zone _Change `No. 493 October 14, 1975 Page Twenty-three Dr. Richard Rohde (Sworn in by City Clerk) 3049 East Cortez My concern here tonight is (1) the West Covina, Ca. expression that the parcels in question would have a greatly • restricted useability in the future. I would like a brief dissertation, if you will, on exactly how restricted the use of these extra properties would be. I find it difficult to believe that anyone would buy these properties inasmuch as the description of them suggested they are hazardous places to go to, possibly would be in conflict with the Health and Safety Code, and the newly adopted noise abatement programs. Certainly, if there are no other uses to which they could be put to, then, I wonder if there isn't any alternative but to explore the avenue that has been chosen tonight. I question, however, whether we do have sufficient police powers to take this land from the State for purposes of this zoning. Thank you. Mayor Chappell# Mr. Wakefield, do you want to comment on that statement? Mr. Wakefield# Mr. Mayor and Members of the City Council, basically, our Open Space Ordinance provides that there shall be no buildings on land, nor shall buildings be erected or structurally altered on land zoned for Open Space purposes except for certain specified purposes, such as public utilities, ease- ments, public parks, recreational uses, private golf courses, • wild life and botanical preserves, equestrian centers, public schools and scenic highway easements and recreational corridors. I take it that if the Open Space Zoning is adopted for these parcels this evening, the use of the parcels will be essentially limited to scenic highway easements and recreational corridors. Mayor Chappell# It should be drawn to attention also that these are not all of the parcels along the freeway that are bacant. There are a number of them that will have a business user that will have uses other than what we are attempting to do. And, they are not in this proposals they have been excluded from this proposal. These are basically only the lands that our Staff in examining them have found virtually impossible to utilize by egress and ingress and other reasons - slopes, as most of you saw the pictures here. If you have driven around the freeway, some of those slopes, right now I am waiting for the first rain to come along so that part of it will be down in the streets. So, these pieces of property were selected; they weren't just taken at random; they weren't just taken to spite Caltrans, or any- thing else. I think there was a lot of study and a lot of depth went into this decision on each parcel. I can't speak for my fellow Councilmen, but I would say that I don't believe that we are going to get Caltrans mad at.us because of what we are doing when other State directives have told us that this is what we will do. In fact, if you remember - those members of the Council who were here at the time, the Attorney General cited West Covina for not complying with some of the directives that the State had set down. And, if my memory serves me correctly, this was one of them. So, we are caught between the rock and the hard place if Caltrans.does get up on their high horse. I don't think they will. I think our City - 23 - CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No. 493 Page Twenty-four Manager and our Staff, and myself included, have been meeting with them along with Assemblyman Lancaster and Senator Richardson trying to resolve our problems along the freeway. I think we'll all take a tough approach to it, both sides, and I hope that the compromise that comes about will be in everybody's pleasure. But, that will come with more time, I am sure, and.a lot of money. We are, right now, in the process of working with Cal trans on a project which Council is being briefed on. But, we can't go any further than that at this time because we don't know the grounds because the City Attorney hasn't ruled on it. If there are no more comments at this time, either in opposition or in favor of, then I'll call the public portion of the Hearing closed, and we will move to Council discussion. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION Councilman Tice: Mr. Mayor, it appears to me that really the land, from what the Staff is showing, doesn't have much commercial use at all. I think the State must recognize that in those parcels, too. But, I think what we are really involved with here is a legal technicality - whether the City has a right to take certain action in opposition to the State. I think that, maybe, if we discussed this, the State would probably agree that that land • does not have any value from a commercial standpoint, and maybe it could be used for Open Space the way it should be. I think it is just a matter right now of City rights verses State rights. Mayor Chappell: Mr. Wakefield has ruled on that how- ever, that we have no jurisdiction over the State. So what we are doing though is the best we can to comply with State directives that say, $4you will have an Open Space Ordinance, and it will be complete and we will approve it or disapprove it." Councilman Tices We're darned if we do, and darned if we don't, so... Mayor Chappelli Well, I don't know that we are darned if we don't, but, I think that as long as we go about this in a manner that shows quality and deep thought and deep investigation, we can't be chastised too much for our approach here this evening. Although I don't know which way we are going to go, but that would be my opinion. Councilman Tices Has there been any consultation with Caltrans on those particular parcels of land, Mr. Diaz? Mr. Diazi Not that I am aware of until we went through the Planning Commission Hearing except for the discussions which took place before I got here on how the excess freeway parcels were going to be handled. I think they were discussed at that time,: I don't know. - 24 - 'Y�31 • 0 CITY COUNCIL October 14, 1975 HEARINGS - Zone Chang® No. 493 Page Twenty-five Councilman Ticea I just wondered from the standpoint that perhaps we could reach an amiable agreement here without an uproar. Mr. Millers Mr. Mayor, if I may comment. I was involved in those discussions that Ray was referring to, and my prede- cessors were involved before that. Since about 1970, we have been meeting with the State Staff, Real Estate Division, trying to resolve all of the State exr�pss freeway pare el,a. We worked up a composite map keyed to what could be done with the properties - whether they should be sold to adjoining owners, combined and sold, sold independently, or just retained in State ownership, or bought by the City for maintenance purposes, or whatever. We have, I think, over the last several years, not necessarily seen those properties sold the way we had tentatively agreed to. Baymar-Garvey is a good example, the rezoning out there. The Mardina properties - the State used 32 feet off the rear of those properties, removed the garages, made them non -conforming. The other parcels, in answer to the Doctor's question, you can't believe people would buy these properties - you can't believe what they would buyd We have given notices to the State to include in their advertising indicating the restrictions on property, but people still buy them. What we would be faced with in these situations here is the people who buy the property would come to the 'City for relief through variances and other waivers of City standards. These parcels here are fewer in number than what the City had tentatively agreed with the State, to retain as landscaped areas. We have been doing this for about five years, and I will tell you, it is about the most frustrating situation you would want to find yourself in. And, consequently, we have taken this action here - to take what we feel are serious hazards, you might say, to the public safety and health, to put these properties into a situation that will not create a hazard and prevent people from being burned by the acquisition of land that cannot be developed. Councilman Tice: You answered my question,'Mr. Miller. Mr. Diazs Mr. Mayor, I think I might be remiss if I did not point out this may make a difference in terms of Council decision this evening) that not all of the parcels that went to the Planning Commission are here before you this evening. There was one parcel on Citrus Avenue, on the east side, that the Commission voted to continue the Public Hearing on. That zone change will be No. 493-B. They pulled it.out of the set that we gave them. That particular parcel, if the Commission recommends it, that zone change will be before you for Public Hearing later. I just wanted to bring that out becauseI think I failed to bring it out in the original Staff Report, in case it.makes any difference in the Council decision. Councilman Browne: I think Mr. Shearer's.:-I'll refer to him as "Mr. Shearer" inasmuch as he is in the audience, point should be taken by the Council. This is relative to working out,in an amicable sort of manner with the State, some of the problems that exist. - 25 CITY COUNCIL HEARINGS -,Zone Change No. 4U October 14, 1975 Page Twenty-six I would agree to this on a couple of the property sites, number "B" on the first sheet, and number "C" on the second sheet, which might have some possible means of development. However, in analyzing the dissemination of the properties through the freeway right-of-way . where we have been left with many substandard lots... Caltrans has indicated that this is an action on our part to prevent the sale of the property - down zoning, which could be inverse in one respect. But, you can consider the fact that many of the areas that were discussed tonight were originally on the freeway right-of-way, incorporated into our General Plan update as Open Space areas. Now, these properties come back with an R-A (Residential -Agricultural) Zoning on them. I feel that this is not true. The Residential -Agricultural Zoning was on there originally when the freeways were put through our City. And, there are Open Space factors required for landscaping; this is called for in our General Plan. And, is within our rights as protecting the welfare of the City. The State has demanded that we incorporate Elements into our General Plan relative to noise, health, and open space. This is justified in our action, I feel, with the exception of possibly two properties, and remaining the continuity of land as it existed before the freeway was widened. I do not think that we are going to create a controversy that the State is going to comeback to us. I think.they realize that the properties are only good for certain purposes, however, in their attempt to sell them, for which you cannot blame them... If anybody buys them, they are going to have difficulties coming back in for developing. Variances are • very few and far between as far as our Planning Commission and Council are concerned. And, if the proper zoning is placed upon it when these people buy the property, it will probably eliminate any of these discrepancies in the future. As the Doctors pointed out, who is going to maintain the property? That is a good question. It is one I am concerned about. We are not able to get the landscaping on the portion of the freeway that_was in the original contract. Consequently, this will throw burges in the other areas. If these parcels are not developed, if they are sold, the only means we would have of protecting them, I think Mr. Shearer pointed that out, they would come in and spray them, keep the growth down. This will lead to erosion and compound the felony. On this I have mixed emotions. I would like.to see this part of it resolved. However, I feel that we are within our rights, and, based upon the advice of the City Attorney, I think what Staff is recommending here is justified. Councilman Millers Mr. Mayor, one question in relation to when the State will go to bid on date set at this point? these excess parcels. Is there any Mr. Millers For these parcels? No, there isn't any particular time. We haven't received notifications on these properties, yet to respond. When we do, we normally have 60 days to respond, and we do respond within that time period. And, we do also have a Staff member present at the point of sale. - 26 - CITY COUNCIL October.14, 1975 HEARINGS - Zone Change No, 493 Page Twenty-seven Councilman Millers Okay. You say 60 days. So, what I am drawing at is the possibility of looking at holding this over - if we would have time to talk with Caltrans as to the future of these . parcels, really, in regards to... well, if it ends up in the ultimate, maintaining, maintenance and cost and factor. Would we have a period here where we could just sort of go over some of these issues with them, or are we running against time where they may go to bid and we wouldn't have time? Mr. Millers They are in the process. They are under State mandate - another State mandate, to sell all parcels that are not needed for public right-of-way for freeways or other public State highways. Consequently they are "under the gun." They will be sending us notices shortly. In the Staff's opinion, anyway, the sooner we can take an action to show how we feel about these properties the better off, and give some guidance to.the Staff for the simple reason that trying to come up with reasonable comments (as we have done in the Staff Report here) on each individual parcel apparently has not carried any weight with the sale of the properties prior to this date. The comments regarding the Baymar-Garvey properties, the Mardina properties, whatever; the sales have gone as.scheduled even though the City has had the chance. The City Staff has responded. And, it is the Staff's opinion that really now it is time for the whole City to make a comment on'how they feel these properties should be used. Councilman Millers Okay. From my own standpoint, from • what I have heard on both sides, I feel there is a'realistic approach that always has to be taken as to when you look at property - what its land,use is best, that it can be utilized. And, from what I have seen this evening, the parcels that I have viewed, at least in my judgment, fall within the category of 0-S. But, I don't at this point make it a cut and dry situation because I do have reservations down the road, too. Continued efforts and communications with Caltrans is of the utmost importance. We need to continue.to work together, and in this respect, try to resolve because money is tight on both ends. So, if it so goes 0-S tonight, and I really.highly encourage Staff to continue communicating and working real close with Caltrans and try to resolve these things down the road apiece. Councilman Brownes Mr. Mayor, I have a question I would like to ask Mr. Miller. I'am sure that we are going to get into further discussion, despite what action may be taken here tonight, on specific property. `Should the Council decide to move and approve the Staff recommendation tonight, should the State come back on individual properties and prove or give a feasible method of development on them, would it be the perrogative of the City Council to change our decision on individual properties? 0 Mr. Millers Yes, it would be the perrogative of the City. There would probably be some relationship to the amendment to the General Plan as it relates to these properties. Some decision as to whether Or not they fall within a landscape corridor or an urban scenic highway, things of this nature. But, it would be the prerogative of the City Council to change it back again if there is a combining of property to make a productive use, or something of that. nature. - 27 - CITY COUNCIL October 14, 1975 HEARINGS - Zone Change No. 493 Page Twenty-eight Councilman Tice: As I said earlier, I still feel this is a technicality, even though I realize that the State has the final authority overall what we do. But, it does prove one point here this has repercussions throughout the State in other areas, I am assuming, on whatever happens, even though they can overrule us. It just shows whether a City can put a roadblock in their way or not. I don't know how abiding it is. That is apparently all we will be doing by zoning this, is putting a roadblock in their way since they can come back and declare our decision as null and void, I am assuming. Is that right, Mr. Wakefield? Mr. Wakefield; Not quite; Councilman Tice. I think my comment was directed to the use of the property by the State itself. Our Zoning Ordinances do not bind the State of California. Normally,they, on a voluntary basis, attempt to follow our Zoning Ordinances. You will remember the relocation of the Department of Motor Vehicles. Councilman Tice: That was on a voluntary basis, though. Mr. Wakefieldt That was on a voluntary basis. My comment simply was that we could not control what use the State may make of the properties for State purposes. However, if the State elects to sell the property into private ownership, then the private buyer is bound by the Zoning that is applicable at that point in time. • Mayor Chappell:. I don't know if this is right or not, but I believe your terminology "road- block" is certainly not the... Councilman Tice: Poor choice of words. Mayor Chappell: In other words, that terminology could be misread somewhere along the line in reading over our minutes, and things like that. I believe we are exercising instructions... Councilman Tice: Right. Mayor Chappell: If we have no further discussion, is anyone ready to try a motion at this time? We have a recommendation that the City Council adopt Zone Change No. 493. Motion made. by Councilman Browne, seconded by Mayor Chappell to approve Zone Change No. 493, and the Categorical Exemption therefor. Motion carried on roll call vote as follows: AYES: Miller, Browne, Tice, Chappell NOES: None ABSTAIN: Shearer ABSENT: None - 28 - 40 CITY COUNCIL Oral Commu Ications ORAL COMMUNICATIONS Rev. Abraham Abrago 1564 Ralph Street Pomona, Ca. to Mr.Bonaparte'who is And, they said that we it was not zoned for a October 14, 1975 Page Twenty-nine We purchased a house here in West Covina about two months ago. We began to have religious meetings in this home. I sent a letter to the Planning Commission, and also from the Special Services Department. could not hold meetings there because church. So, what I would like to do is request permission from the City Council to resume our meetings on a temporary basis until we can relocate, move away from here. Mayor Chappell: What is the address of your property? Rev. Abragos 1705 S. Sunset, West Covina. Mayor Chappell: I don't believe it is within the prerogative of the City Council to grant you that type of permit at this time because we have to go through a process of Hearings to grant that type.of permission because it is not in an area zoned for that. Rev. Abragos We are not thinking of building. We are not thinking of altering the building in any way, shape or form, nor putting up signs of any kind. The only reason why we did did this is because we had been in the City of Industry for 15 years, but due to the fact that the City of Industry Redevelop- ment Plan pushed us out of there because they had to widen up the streets, or what have you, we had to move from there. Instead of storing all of our church furniture, we bought this house (my wife and I) and moved the church furniture there. The house was previously sorely neglected, so rundown that it was almost unfit to live in. We had to spend almost $1,000, to bring it up again, so that the Sanitation Department gave us an okay on it. So, now all we are requesting is permission to have these meetings on a temporary basis. Councilman Shearers How often do you meet, and how often? Rev. Abragos We have approximately 35 or 40 people that meet there. We. meet. for two hours three times a week -.Wednesday, Friday and Sunday. Councilman Shearers Have the neighbors complained? Rev. Abragos They have complained, but not on account of the noise or the traffic. We take care of that. The only reason why they complained was because they knew that was not zoned for a church. Councilman Millers What constitutes a private meeting verses a church? Do we have anything established? If I want to have 50 people come into my home. for a meeting, I see no reason why I can't. Do we get to a point where numbers mean a church, or is... - 29 - CITY COUNCIL Oral Communications October 14, 1975 Page Thirty I can lawfully meet:in my home as I please or... I am confused here. Do we have a standard that separates where they can't. Mr. Wakefields Mr. Mayor, Members of the City • Council, I don't know if I can help anybody get unconfused on this subject. The problem boils down to a question of so-called incidental uses. We don't have any precise standard for measuring what is,. or what isn't, an incidental use. I think that the- problem:presented by Rev. Agrago's request is simply that what he is suggesting amounts to a regular and a set pattern of meetings of a church group in a residential facility, a residentially zoned area. And, really, the only tests that the Court has ever set up with reference to incidental uses is whether or not it causes a disturbance to the neighbors and whether or not it results in a traffic congestion. In other words, I guess the test boils down to what you can do, you can do as long as your neighbors don't complain about it. That apparently is the situation here. We are confronted with the situation where the neighbors have complained, apparently, about the use. About the only suggestion I can make, and I don't know whether it is at all feasible, but we do have in our Zoning Ordinance a procedure for application for Conditional Use Permit. ,Perhaps, if Rev. Abrago were to apply for a Conditional Use Permit on a temporary basis, that is to use the property for a limited period of time, the Planning Commission could set the matter for Hearing and get an expression from the neighbors with • reference to the contemplated use and ultimately make a decision about it. Councilman Shearers You use the term "incidental use;' would that indicate that if Rev. Abrago were living in the houpe it would make a difference? And, on occasion had or so friends in for an activity, would that... Mr. Wakefields I think that clearly would be an incidental use, providing they did not violate the Noise Ordinance or anything else we have in the City. The line gets a little fuzzy when the use is regular on a continuous basis. Under those circumstances, I think, the use becomes more than incidental. Everyresident is free, I think, to invite the church group into his home for any kind of an activity on an occasional basis and it would be strictly an incidental use of the property. Councilman Shearers Just one additional.comment. I don't want the Reverend to feel that all he has to do is leave and file for an Unconditional Use Permit. I don't know what the feelings are of the present Council, but the last time we had such a request here, it was not for this type of use - it was for even a better" use, and that is not comparing your church with any other church, but it was a request for actual construction and the problem was with a substandard amount of property and the Council at that time turned it down. So., you might want to look into that aspect 'of it before you go to the trouble of applying for an Unconditional Use Permit and paying the fee. - 30 - U CITY COUNCIL Oral Communications October 14, 1975 Page Th�rty-one Rev. Abragos We spoke in great length about this with Mr. Diaz. We know definitely we will not build, or even alter the building at all. Mr. Diaz already told us that any church in West Covina should have at least two acres to get.started. I know also that in order to turn that building into, a church we would also have to meet the Planning Commission's zoning requirements. We don't want to turn that building into a church building per se. Only to.have permission granted from the City Council to meet there certain hours of the week on a temporary basis until we can relocate. Councilman Tices How long do you consider a temporary basis? Rev. Abragos Well, I. think we are going to put it directly up for sale, so we will hopefully be out of there in six months. Mayor Chappell$ I would suggest you sit down with the Staff. To me, six months.is not a temporary length of time; it is a long time. We would have to hear what the citizens in your community said about the parking, etc. Sit down with Planning and see what they can recommend to you, and I will check with them and relay the information to the City Council. THE MAYOR CALLED A RECESS AT 9:35 P.M. COUNCIL RECONVENED AT 9$50 P.M. CITY ATTORNEY RESOLUTION N0. 5127 The City Attorney presenteds ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES TO OPERATE ITS HOUSING ASSISTANCE PAY- MENT PROGRAM IN THE CITY OF WEST COVINA, AND APPROVING APPLICATION OF THE PROVISIONS OF SECTION 8 OF TITLE II, HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19740 AS AMENDED, TO THE CITY OF WEST COVINA. Motion made by Councilman Tice, seconded by Councilman Browne to waive further reading of the body of said Resolution. Motion carried. Mayor Chappells I think it should be brought out that this relates to forty existing multiple -family units for the elderly, and ten single-family or multiple units for families. So, we are not taking on the project for the whole City. It is limited in its scope and it is aimed primarily at the elderly as one of our plans and has co me :up in one of our Study Sessions on this agreement. Motion made by seconded by Councilman Browne to adopt said carried on roll call vote as followss AYES: Shearer, Chappell NOESs None ABSENT$ None Councilman Tice, Resolution. Motion Miller, Browne, Tice, - 31 - CITY COUNCIL City Attorney October 14, 1975 Page Thirty-two Mr. Wakefield, In connection with this matter, there is a proposed agreement between the City and the Housing Authority of the County of Los Angeles. The action of the • Council would be to approve the agreement as proposed and authorize the Mayor to execute it on behalf of the City. Again, the agreement limits the authority of the Housing Authority to forty units for the elderly and ten units for the family. Motion made by Councilman Tice, seconded by Councilman Miller to approve the agreement between the Housing Authority of the County of Los Angeles and to authorize the Mayor to execute same on behalf of the City. Motion carried on roll call vote as follows, AYES# Shearer, Miller, Browne, Tice, Chappell NOES, None ABSENT: None RESOLUTION N0. 5128 The City Attorney presented, ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATIONS FOR THE CLASS OF MANPOWER CONSORTIUM DIRECTOR, ESTABLISHING THE SALARY RANGE THEREFOR, AND SPECIFYING THE CLASS AS EXEMPT. • Mr. Wakefield, This is an item which has been on the Agenda on a previous occasion. It was originally disapproved by the Personnel Board, I think due to a misunderstanding of what the position was really designed to accomplish. It is back tonight with a Staff recommendation that the Resolution be adopted. Mayor Chappell, The Personnel Board is making that recommendation, or just the Staff? Mr. Wakefield, I think just the Staff. Councilman Tice: The Personnel Board is generally opposed to the creation of the Consortium Director because it is involved with the CETA I Grant. The feeling of the Personnel Board is that, as expressed by a'majority of the Board, they don't want to take any more Federal money. And, they felt that the City should not be involved in training of the private sector. They have a valid point in this area. I think, if I recall right, at the time there were four people on the Board (one vacancy) and all four voted not to approve the Consortium in principle. Mayor Chappell, We should get into some discussion in that area; I have some comments to make. Does anyone else have • any comments? Councilman Tice= I have some real questions of whether the cities should get into the area of training of the private sector. I am not so much opposed when we train people within our City workforce, but I am questioning whether we should get into the area of private instruction to assist people. There are many J. - 32 - CITY COUNCIL City Attorney October 14, 1975 Page Thirty-three agencies in the County and the Federal government, and so forth, that are already in existence that handle a good portion of this. So, I don't know what purpose it serves for us to get involved in the training aspect of the private sector. • Councilman Shearer: First, on the recommendation of the Personnel Board - I admire the Personnel Board; I admire the individuals on the -Personnel Board. However, I think that the recommendation that they made was not with regard to class specification, which is technically the function of the Board, but, rather on.the concept or the philosophy of this particular program, which as private citizens, of course, they have their role and their obligation to make their wishes known. So,, I don't consider a rejection on the part of the Board a negative recommendation as a statement that the proposed class specifications are inadequate. I believe, in looking at the minutes, that they spent very little time in that particular subject. On the question of the role of the City, it is my understanding that the Federal government has made money available to be used in this area - for manpower training, retraining, upgrading of abilities, etc. on the part of the un- employed or underemployed. The County has the role of sort of the umbrella agency; they dole this money -out to whoever may apply. And, it is my understanding that the amount of money that we are talking about is earmarked for this Consortium. If we do not take it, it does not revert back to the Federal government for use in some other program. Rather, it is allotted by the County to some • other group within this particular area with no guarantee that citizens of West Covina will have any part at all. It is my under- standing that,there are private agencies in the surrounding areas that possibly.would come into play. I know of none - I was told of none, that are local (within the City of West Covina). I, too, have some quarrels with the concept of increased Federal spending, which means increased Federal taxes, whether the money comes from Washington or not, it originally comes from your pocket and my pocket. But, this concept that this money is going to be spent in this area regardless of whether the Council takes positive action or not, it is merely going to be spent by someone else. I think in order to guarantee our citizens an opportunity to be retrained, or uptrained, or whatever it may be, made more employable, that we should move ahead and confirm our previous action on this matter. Councilman Browne= I agree with the statements of Councilman Shearer. I participated in a program similar to this at one time, and I have very second thoughts about the implementation of these programs. However, as Councilman Shearer stated, the Federal government has allocated this money and to afford the citizens of our community the benefit of obtaining an on-the-job training program might or might not be our responsibility, but we are up to the point of making a decision of approving the • specifications of the Directorship. I have a great concern about the administration. I understand that the four cities involved have individually accepted certain phases of responsibility. - 33 - CITY COUNCIL October 14, 1975 City Attorpey Page Thirty-four I want to make sure that the City does not deviate from the every- day way of their job life and that any time spent would be reim- bursed in a dollar amount back into the City's funds. I would like to see a guideline set up by whoever is to sit in with the Board of Directors, or whoever governs the Administrator, to make sure that justification is given to all four cities involved. This will be a tremendous job in itself. It has its merits and it has its demerits. I think, in essence, when you take the people off of the welfare rolls and place them into a training program, some- times they see more income coming from welfare and will chuck the training program. (Gave examples of this from his own experience.) Sometimes this works fairly, sometimes this works unfairly, with individual businesses. These are some of the things we want to look into. Again, it is all based on the administration of the program. Councilman Millers It mentions in here a Project Board consisting of a Mayor or designatee from each city. At this particular point, will this become a burden or a problem as far as another obligation to be involved in? Mayor Chappell= We have designated our Mayor, who- ever it might be. It is just another responsibility that you have as part of being a Councilman, or the Mayor, if you are sitting in that seat. • Councilman Miller: In respect to the philosophy again. You have to go back. Is there a need? Basically, there is a need for this program. It is a short duration type of a program to meet an emergency type of need. The guidelines give a lot of flexibility, so the City is not unduly obligated; we can pull out at the end of the year with no problem. The money is still forthcoming, so that gives us some say-so. I do agree that we do have to look critically at these types of programs to make sure that they meet the needs and what we are trying to accomplish here in the City of West Covina. I feel under this particular program, it won't be a detriment, but a plus in helping the unemployment situation. Councilman Tices I will probably be the lone abstaining vote on this one, but I don't feel that local government can be all things to all people. I don't think that we should be involved in the training areal that is the main thing. There are too many agencies all set up for it. So, we don't get the money to do it with. I am sure there are other sources. I do not vote for this Consortium as such, and it is truly against, the concept, not the Director class.speeifications, just the concept. • Mayor Chappell] What you said is probably a true' statement. There are other agencies set up to do this. If they are in the West Covina area, or the Covina area, I am certainly not aware of them other than the Adult Education programs that are going on. 41 E CITY COUNCIL October 14, 1975 City Attorney Page Thirty-five Funds have been set up to train some 450 citizens of our community and the other three cities. We can take that money and'with good local control set up this project and train these citizens who presently may be out of work or may be upgraded in their training. We would be working for the people of West Covina. I would venture to say that.these funds would go to East Los Angeles, Watts, or some other area similar to that if we don't take advantage of it. If we don't set up a good program here, and if we don't train some of our citizens to receive better jobs or jobs period, then I'll say get out of it.. We will have our Mayor (whoever he may be) on the Board, observing what is happening and if it isn't going properly, then we can get out of it. ft is a sad commentary when someone who wants to work can't work, and, if we can help 450 people in our four cities find a job, or better job, then I say this comes first. I feel that. as a Council we have already approved this plan, and we are now asked to approve the make up of the citizens that will run it. I think that we should reiterate our stand that local government may be able to do this better. We keep talking about wanting the opportunity for local control and local decision making. We have it here, and we are saying, "Let someone else do it." I think that is where many of our problems.stem from - let somebody else do it, and when they don't do it right, we have the opportunity to complain. I would like to see if we can do it. I hope that we are able to find the proper Staff for operating this project. We have the leadership of the four Mayors to make sure it works. . Councilman Tice= Mayor Chappell: the Council as well as look at this thing. My and a group of citizens that it .does the things doing tonight. I hope we don't train them to build buggies or something like that= I hope it is something useful. Well, the day that I sit on a Commission and vote for somebody to build buggies, I'll resign from that Commission. So, that is where I responsibility and three other Mayors had better watch this closely and see that we are attempting and talking about Motion made by Councilman Browne, seconded by Councilman Shearer to waive further reading of the body of said Resolution. Motion carried, 4 affirmative, 1 opposed (Councilman Tice). Motion made by Councilman Browne, seconded by Councilman Shearer to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Chappell NOES: Tice ABSENT: None - 35 - CITY COUNCIL October 14, 1975 City Attorney Page Thirty-six MEMORANDUM OF UNDERSTANDING Mr. Wakefield: There is submitted WEST COVINA POLICE ASSOC. to the Council this evening a Memorandum of Understanding arrived at between the representative of the • City, the City Manager, and the West Covina Police Association's representatives. Staff recommendation is that the Memorandum be received and filed and that the Council adopt a proposed Resolution which implements those parts of the Memorandum that are capable of immediate implementation such as the salary adjustment which will be effective for the first payroll period in J u1y,1975, the cleaning allowance, and certain rights of appeal. The other items which relate primarily to the Agent Plan will need to be .imple- mented at a later date when the specifications for the class can be approved and submitted to the Council for action. The same thing is true with respect to the increase in the proposed premium payments for additional life insurance. The City will be soliciting for quotations for the additional insurance. The Memorandum, in its technical aspects, is similar to the Memoranda that have been agreed upon in the past. The basic Memorandum provides for a salary adjust- ment for an average increase of 5 and one-half percent for Police Cadets, Police Officers, Sargeants,Lieutenants and Captains within the Police Department. There is some increase in the cleaning allowance.for the cleaning of uniforms. That amount is increased to.$75.00 per year, and may be paid out on a semi-monthly basis (that also to be effective the first payroll period in July, 1975.) Motion made by Councilman Browne, • seconded by Councilman Tice to receive and file the Memorandum of Understanding with the West Covina Police Association. Motion carried. RESOLUTION NO. 5129 The City Attorney presenteds ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING RESOLUTION NO. 1277 TO FIX THE COMPENSATION AND THE BENEFITS PAYABLE TO AND TO AMEND THE PERSONNEL RULES RELATING TO POLICE CADETS, POLICE OFFICERS, SERGEANTS, LIEUTENANTS AND CAPTAINS WITHIN THE POLICE DE- PARTMENT Motion made by Councilman Browne, seconded by Councilman Miller to waive further reading of the body of.said Resolution. Motion carried. Motion made by Councilman Browne, seconded by Councilman Miller to adopt said Resolution. Motion carried on roll call vote.as follows: AYES:. Shearer, Miller, Browne, Tice Chappell. • NOES: None ABSENT: None - 36 - CITY COUNCIL City Attorney APPROVAL OF AMENDMENT TO CETA TITLE VI AGREEMENT WITH THE COUNTY OF LOS ANGELES employees who are employed October 14, 1975 Page Thirty-seven Mr. Wakefield: This is an extension of the CETA VI Agreement between the County of Los Angeles and the City of West Covina. It extends the CETA VI program until March 31, 1976. It provides for the transfer of certain under Title II to the Title VI program. Motion made by Councilman Shearer, seconded by Councilman Tice to approve amendment to the CETA Title VI Agreement with the County of Los Angeles. Motion carried. APPROVAL OF CETA TITLE I Mr. Wakefields The Title I program IN -SCHOOL PROJECT AGREE- is a training program utilizing MENT WITH THE WEST COVINA students in an after school program UNIFIED SCHOOL DISTRICT of creating. The program would be extended until June 30, 1976. Councilman Tice= Do we have any agreements with any of the other school districts in the same light? Mr. Wakefield$ This Agreement provides, in effect, that West Covina Unified School District is the District Center for the coordination of the program between all school districts within the West Covina City limits. Councilman Millers Where does the liability factor lie? Does that lie within the jurisdiction of the School District? Mr. Wakefields. It would come under our policy to the extent that they are actually assigned and working in a City facility. Councilman Millers That doesn't have to be stated in the contract? Mr. Wakefields No sir. That is provided for in the basic Agreement between the County and the City of West Covina. Mr. Aiassas This is one of our most successful programs. Some of the girls that have come from the schools now have full time jobs as secretaries and clerk=stenos. Motion made by Councilman Shearer, seconded by Councilman Miller to approve the CETA Title I In - School Project Agreement with the West Covina Unified.School District and to authorize the Mayor to execute said Agreement. Motion carried. - 37 - CITY COUNCIL October 14, 1975 City Attorney Page Thirty-eight STATE PROVISIONS ON Mr. Wakefields The Personnel Board DISABILITY RETIREMENT has recommended that the City Council OF CITY EMPLOYEES take such steps as may be appropriate • to urge a revision in the present law with respect to Disability Retirement and Disability Benefits for safety employees. The recommendation from the Board iss "That the City attempt through the League of California Cities and other appropriate organizations to secure some modification of the present Disability Retirement Benefits and the associated problems that come from the existing statutory procedure." Councilman Millers I would appreciate if the Council would consider referring this back to Staff for study and recommends- tions as to what we are talking about. I am not clear as to what we are talking about. At this point, I am clear as to what we are going to these different organizations for. Exactly what are we striving for, what we are trying to accomplish, you might say. Mayor Chappells When we prepare the letter then, before it goes out we will see that each Councilman receives a copy so they know what we are sending to the League, and to the legislators. Councilman Tices Having sat with the Personnel Board, I think underlying this whole recommendation was the fact that the individuals who are placed on Long Term Disability, I believe, • receive a full year's salary. Mr. Aiassas Yes, they do in public safety. Councilman Tices That was bothering them more than anything else, if I recall right. Mr. Aiassas There is also another element. Our State Comp has now reached a point of over $600,000. We just have to draw a line someplace. Councilman Tices Councilman Miller has a good point. We should be more specific in any recommendations. Motion made by Councilman Tice, seconded by Councilman Miller to refer this item back to Staff for specific recommendations. Motion carried. ADDENDUM TO CONTRACT WITH Mr. Wakefields This item is a FINANCIAL KINETICS CORP. proposed addendum to the present RE DEFERRED COMPENSATION. Deferred Compensation Plan that has been approved between the City and Financial Kinetics Corporation. • The addendum limits the types of investments that.can be made through Financial.Kineties Corporation to life insurance and annuity contracts. -38- CITY COUNCIL October 14, 1975 City Attorney Page Thirty-nine Motion made by Councilman Shearer, seconded by Councilman Tice to approve the addendum to the contract with Financial Kinetics Corporation re Deferred Compensation. Motion carried. APPROVAL OF AGREEMENT WITH Mr. Wakefield: This is a proposed BALDWIN PARK POLICE DEPT. Agreement between the City of Baldwin TO USE PISTOL RANGE Park and the City of West Covina for the use of the West Covina Pistol Range by the Baldwin Park Police Department, with the City of Baldwin Park to pay a minimum sum of $76.20 per month that representing the cost of providing a Range Master for ten hours of use of the range per month. If additional hours are required by Baldwin Park, the City of Baldwin Park will pay an additional $7.62 per hour for each hour of additional time. Mr. Aiassa: I would like to recommend to the Council that we hold this over until our next meeting because I believe there is a little more to it than just the paying of the Range Master. I think we have upkeep and maintenance. I would like to talk with the City Manager of Baldwin Park. Motion made by Councilman Browne, seconded by Councilman Tice to hold over this matter untilthe next regular meeting of the City Council. Motion carried. REPORT ON CITY OF WEST . COVINA V. THE DEPT. OF TRANSPORTATION, STATE OF CALIFORNIA, CASE NO. 135908. Mr. Wakefield: Since the last meeting of the Council, we have had a Hearing in the'Superior Court on the City of West Covina's action against the Department of Transportation with reference to the landscaping of the San Bernardino Freeway. In the City's Complaint, there were two Causes of Action. (1) To declare the rights of the City and State under the existing freeway contracts and the landscaping contract. (2) For injunction to enjoin the California Highway Commission from appropriating money to the Southern California Rapid Transit District for rapid transit planning until the Highway Commission had budgeted the funds for the State's share of landscaping of the freeway. The Court denied the City's request for injunction, but authorized the City to proceed with the Cause of Action for declaratory relief. We are now in the process of filing the documents with the Court required to set that Cause for trial. We will make a motion to the Court for an early trial to see if that item cannot be disposed of as rapidly as possible. Motion made by Councilman Tice, seconded by Councilman Browne to receive and file the report. Motion carried. - 39 - CITY COUNCIL October 14, 1975 City Attorney Page Forty REQUEST FOR WAIVER OF Mr. Wakefield+ The Planning Director NOTIFICATION RE ZONE is requesting that the Council waive CHANGE NO. 494 the requirement for notification to individual property owners within 300 feet of proposed Zone Change No. 494. This Zone Change deals with City parks. The only change proposed is to change the zoning applicable to City parks from the P-B Zone to the Open Space `Lone. I think this request is consistent with the needs of the City and the requirements of our Zoning Ordinance. The change of zone would not, in any event, affect any of the adjoining properties. Motion made by Councilman Tice, seconded by Councilman Browne to waive notification re Zone Change No. 494. Motion carried. APPROVAL OF PERMIT AGREEMENT Mr. Wakefield= The West Covina TO THE COUNTY OF LOS ANGELES Police Department has had an on - FOR USE OF SPACE AT THE WEST going program in which the County COVINA POLICE DEPARTMENT Probation Department has provided FACILITY a Probation Officer to work in the West Covina Police Department facility for the purpose of providing counseling and guidance with juvenile offenders. The County has now requested that the City execute a Permit Agreement with the County which will simply formalize the existing arrangement. It provides that the City will provide space for a Probation Officer in the City Jail facility without cost to the County. Motion made by Councilman Browne, • seconded by Councilman Shearer to approve a Permit Agreement to the County of Los Angeles for use of space at the West Covina Police Department facility. Motion carried. AMENDMENT TO GENERAL PLAN Mr. Wakefield: I am sure that the REQUESTED WITH RESPECT TO Council will recall that this matter CERTAIN PROPERTY OWNED BY was heard by the Council and the MR. HUR-5T,. proposed General Plan amendment was denied. The Plan amendment was to change the zoning of the property from Medium -Density Residential to Low -Density Residential. Staff is simply asking for concurrence of the Council for re -Notice of the matter and to set it for a new Hearing before the Planning Commission with ultimate recommendation to the Council. Motion made by Councilman Tice, seconded by Councilman Browne to approve the request. Councilman Millers Did I understand that this.is just to allow this gentleman to go back and reopen the case? At this point, this is not our accepting the change? Mr. Wakefields No commitment at all. This is the authority to re -Notice the Hearing before the Planning Commission. Motion carried, 4 in favor, 1 in opposition (Councilman Miller). Councilman Millers I would like to clarify that. I feel that zone is a proper zone at the moment. Mayor Chappelli Well, I don't believe that my vote indicates that it isn't. But people -40- 11 CITY COUNCIL October 14, 1975 City Attorney Page Forty-one have the right to ask for this and we as a Council must allow them that right and give them d'their day" or forever more wish we had. Councilman Miller& It is not intended to deny him his right. It is just basically that we have heard the case and there are other ways of implementing this, if he so desires. AT 10&30 P.M. THE MAYOR -RECESSED THE CITY COUNCIL MEETING FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING AND THE PARKING AUTHORITY MEETING. CITY COUNCIL RECONVENED AT 10a40 P.M. CITY MANAGER AUTHORIZATION FOR CITY MGR. Mayor Chappell& The City Manager TO ATTEND CONFERENCE ON has requested authorization to MASTER PLANNING FOR FIRE attend the conference on Master PROTECTION. Planning for Community Fire Protection on October 28-30, 1975 in Orlando, Florida. The expenses will be charged to the United States Department of Commerce. Motion made by Councilman Browne, seconded by Councilman Shearer to authorize,the City Manager to attend the conference on Master Planning for Fire Protection. Councilman Tice& Is someone from the Fire Department going to be attending with you? Mr. Aiassa& Covina to take one of our key (One key man from each city.) REQUEST - WEST COVINA HIGH SCHOOL STUDENT BODY TO USE LA FRANCE ANTIQUE FIRE ENGINE Yes. This afternoon Capt. Cove called and said that he is going to allow Azusa, Covina and West men with us at government expense. The Council received a request from the West Covina High School Student Body to use the La France antique fire engine for homecoming activities during half-time of football game on October 31, 1975. Motion made by Councilman Tice, seconded by.Councilman Browne to approve the request. Motion carried on roll call vote as fllowsa AYES& Shearer, Miller, Browne, Tice Chappell NOESa None ABSENT& None SAN GABRIEL-VALLEY Motion made by Councilman Shearer, HUMANE SOCIETY REPORT seconded by Councilman Browne to receive and file. Mayor Chappell& I have another complaint on the Humane Society which you might check into, Mr. Aiassa. She called - 41 - CITY COUNCIL City Manager October 14, 1975 Page Forty-two me on Monday, a holiday, and said she found three dogs.running loose and was not able to reach anybody at the Humane Society. I think we should once again look • into this because I was under the impression that they were open holidays. Motion carried to receive and file. Councilman Shearer: Re the Humane Society. This is a frequent complaint. Councilman Tice brought it upi we thought we had a solution. I am going to suggest that Mr. Aiassa or some of your Staff, if my colleagues concur, periodically on weekends and on holidays give the Society a call and see first-hand. Make a spot check for a couple of months to confirm these allegations and see where we stand. The Council concurred with the suggestion. Councilman Browner It seems that I inherited the bating of the coyote traps placed in the hills and I would like to resign that position. The fact is I think they had the traps in the wrong place. I had a report from a neighbor that their small dog has disappeared, we don't know whether by the panther or the coyotes. I wish that you would get in touch with the Humane Society and tell them that they had better direct their efforts in a more • practical way. Mr. Aiassao The Police Department is also getting involved. We had the heliocopter out in the hills. We have the entire County's support with the panther. REQUEST FOR EXPENDITURE/ Mr. O'Connor= The Youth Commission YOUTH ADVISORY GROUP met in an Adjourned Regular Meeting coincidental with the Council meeting. Because of late correspondence received, this item could not appear on the regular Agenda. A. conference is to be held in Los Angeles on October 18, 1975t entitled "We the People"and two members of the Commission would like to.attend. They request Council approval for the expenditure of $15.00 which was included in their budget. Motion made by Councilman Shearer, seconded by Councilman Tice to approve the request.. Motion carried on roll call vote as follows] AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None REVENUE SHARING STATUS Motion made by Councilman Shearer, REPORT seconded by.Councilman Browne to receive and file the Revenue Sharing Status Report. Motion carried. -42- CITY COUNCIL City Clerk CITY CLERK RECEIPT OF PUBLICATION OF NOTICE OF INTENTION • TO CIRCULATE PETITION RE ADDITIONAL PENSION BENEFITS FOR FIREMEN • October 14, 1975 Page Forty-three (Published September 26, 1975. May circulate 21 days after date of publication) Motion made by Councilman Miller, seconded by Mayor Chappell to receive and file. Motion carried. Councilman Shearers Does the Council have the obligation to place on the (assuming the success of the petition) ballot exactly what is their statement, or my we... What I am getting at is that I am assuming that the petition will not carry with it the fact that if this particular widow's benefit goes into effect that it will cost considerable money to the City. Is that correct that there is no indication of the cost? Mr. Wakefield: Assuming now that the initiative petition contains an initiative proposal which may be initiated by the people, the Council does have the obligation to either adopt the proposal as submitted in the petition or submit it to the people in the form in which it is proposed by the initiative petition. However, the City Council may submit alternative proposals to the voters at the same election which would be alternative to the initiative proposal. Councilman Shearers Could one of those alternatives include the raising of the taxes to fund it? Mr. Wakefield: Yes. Mayor Chappells What happens if one of them passes and the other one doesn't? Mr. Wakefields The two propositions would have to.be tied together on the ballot. So, if the revenue measure, for example, failed then the other one would fail also. I have not seen the initiative myself, and should not comment on it, although I have indicated publicly previously in discussions with reference to this same sort of proposition that the City Council provides retirement priviledges for many employees pursuant to a contract entered into between the City and the public employees' retirement system. Under.State law that particular statute can only be amended in a particular way. It has been my feeling that those optional benefits that are available under that contract are not appropriate subjects for initiative. However, I have not seen the specific proposal.; it is something that we will need to look into. - 43 - s • • CITY COUNCIL Mayor's Reports MAYOR'S REPORTS October 14, 1975 Page Forty-four PROCLAMATIONS There being no Council objection, Mayor Chappell proclaimed "Escrow Week" October 19-25, 1975. COUNCIL COMMITTEE. Council Committee assignments will REPRESENTATIVES not change for the next three months due to the fact that everyone has not had a chance to participate.as much as they would like to. COUNCILMEN'S REPORTS/ COMMENTS None. APPROVAL OF DEMANDS Motion made by Councilman Browne, seconded by Councilman Miller to approve. Demands totaling $941,312.75 as listed on Demand Sheets UCB 52030, 52302, and Gas Tax, Bank of America 351, 355, and 13255. Motion carried on roll call vote as follows' AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None ADJOURNMENT Motion made by Councilman Shearer, seconded by Councilman Miller to adjourn this meeting at 10950 P.M. to the next regular meeting, Monday, October 27, 1975 at 7830 P.M. Motion carried. - 44 -