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02-28-1977 - Regular Meeting - Minutess • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 28, 1977 The regular meeting of the City Council was called to order at 7:30 P.M. by Mayor Nevin Browne. The Pledge of Allegiance was led by Councilman Ken Chappell; the invocation was given by Councilman Chester Shearer. T] r%T T f1 A T T Present: Others Present: APPROVAL OF MINUTES CONSENT CALENDAR 1. WRITTEN COMMUNICATIONS Mayor Browne; Councilmen: Miller, Chappell, Shearer, Tice R. Fast, G. Wakefield, L. Preston, M. Miller,-.L. Eliot,.H. Thomas, R. ' Diaz, K.Northcra.ft,- M. Volmert, R..Futter, B. Freemon - S.G.V.D.T., E. Cohen, Sentinel Motion made.by Chappell, seconded by Miller to approve the minutes of February 7 and 14, 1977 as submitted. Motion carried. a. LUNG ASSOCIATION Request permission to conduct fund OF L.A. COUNTY raising activities'during the year 1670 Beverly Blvd. and waiver of Charity Solicitation Los Angeles, Ca. License fee. (Recommend approval.) 2. PLANNING COMMISSION a. SUMMARY OF ACTION February 16, 1977. (Accept and file) 3. RECREATION AND PARKS COMMISSION a. SUMMARY OF ACTION 4. ABC APPLICATIONS a.. DANNY & MILEVA MARSHALL 917 Stanley • Escondido, Ca.. February 22, 1977. (Accept and file) Chief of Police recommends NO PROTEST. dba CROWN PRINCE INN 1242 E. Garvey Avenue 5. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK a. LARRY M. MCKEE Alleging false arrest on October 1, 1976. 1505 W. Elginia. Ave.(Review Staff Report. Deny and authorize West Covina, Ca.. Claimant be notified that claim ha.s been referred to Insurance Carrier.) CITY COUNCIL February 28, 1977 Consent Calendar Page Two 6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a.. PRECISE PLAN NO.106 Location: Wescove Place and Merced REVISION NO. 1 Avenue. • ACCEPT IMPROVEMENTS Accept sidewalk and driveway approach Aman Bros., Inc. improvements and authorize release of the Travelers Indemnity Company Faithful Performance Bond No. 167E4817 in the amount of $3800. (Staff recommends acceptance.) b. TRACT NO. 31273 Location: Shakespeare Drive, Opal Lane, MONUMENT BOND Patricia. Street, Pauline Street, Patty Umark, Inc. Court, in Woodside Village. Authorize release of St. Paul Fire and Marine Company Insurance Company Monument Bond No. 400 EK 0772 in the amount of $650. Monuments in place. (Staff recommends acceptance.) C. TRACT NO. 31102 Location: Woodgate Drive and Christie ACCEPT IMPROVEMENTS Lane. Kaufman & Broad, Accept :on -site improvements of block Incorporated wall and authorize release of cash deposit in the amount of $1,400. (Staff recommends acceptance.) • 7. TRAFFIC COMMITTEE MINUTES a.. REVIEW OF ACTION 8. CITY TREASURER a. MONTHLY REPORT February 22, 1977. (Accept and file) Month of January, 1977. (Receive and file) Miller requested and received more delineated report on Agenda. Item 2-a, section 6. With reference to Agenda Item 3-a, section B. Shearer noted that he would hope that first priority would always be given to West Covina residents and teams should there ever exist a shortage of facilities, leadership or equipment. With reference to Agenda Item 7-a, section I, Shearer noted that he had been under the impression that there was considerable residential support for restricted parking. However, since there was no response from the Traffic Committee survey, he would now assume that the interest was short-lived and no longer there. is Motion made by Chappell, seconded by Miller to approve the Consent Calendar. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None 2 - CITY COUNCIL General Agenda AWARD OF BIDS BID NO. 77-92 • REROOFING BUILDING KNOWN AS FIRE STATION NO. 3 AND LIBRARY LOCATED AT 1435 W. PUENTE AVENUE February 28, 1977 Page Three Bids received in the Office of the Purchasing Agent up to 10:00 A.M., on Wednesday, February 23, 1977 and thereafter publicly opened and read. Review Controller's Report. Award bid and authorize Mayor and City Clerk to execute Contract Agreement. Motion made by Tice, seconded by Chappell that the City Council of the City of West Covina authorize the Mayor and the City Clerk to execute an agreement with Frank Veltri a.nd Sons Roofing Company of Pico Rivera in the.amount of $7,072.00. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: 'None PUBLIC WORKS PROJECT. NO. 77101 Location: Woodside Village CHANGE OF BID OPENING DATE Review Engineer's Report. Authorize WOODSIDE VILLAGE change of bid opening date from Thursday, RESERVOIR NO. 2 March .3, 1977 to Thursday, March 10, 1977. Motion made by Cha.ppell, seconded by Miller that the City Council authorize the cha.nge of bid opening date from Thursday, March 3, 1977, to Thursday, March 10, 1977. Motion carried. A. J. KURTEN Location: Southwest corner of Azusa ACCEPT GRANT DEED a.nd Vine Avenues. Review Engineer's Report. Adopt resolution. RESOLUTION NO. 5405 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING GRANT DEED EXECUTED BY A. J. KURTEN, AND DIRECTING THE RECORDATION THEREOF. Motion made by Tice, seconded by Shearer to waive further reading of the body of said resolution and to;a.dopt Resolution No. 5405. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None • UMARK, INCORPORATED Loca.tion: La Puente Road between Nogales ACCEPT ROAD DEED Street and Sentous Avenue. Review Engineer's Report. Adopt resolution. - 3 - CITY COUNCIL General Agenda February 28, 1977 Page Four RESOLUTION NO. 5406 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA , CALIFORNIA, ACCEPTING ROAD DEED EXECUTED BY UMARK, • INC. AND DIRECTING THE RECORDATION THEREOF. Motion made by Shearer, seconded by Tice to waive further reading of the,body of said resolution and to adopt Resolution No. 5406. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None PRECISE PLAN NO. 689: Location: Westerly side of Vincent DEDICATION OF VINCENT-AVE. Avenue, southerly of Walnut Creek Wash. BEST PRODUCTS Review Engineer's Report. Adopt resolution. RESOLUTION NO. 5407 The'City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING GRANT DEED EXECUTED BY AMOS Z. AND DORIAN KRAUSZ, AND DIRECTING THE RECORDATION THEREOF. Motion made by Shearer, seconded by Chappell to waive further reading of the body of said resolution • and to adopt Resolution No. 5407. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES None NOGALES STREET Review Engineer's Report. STREET LIGHTING Motion made by Shearer, seconded by Tice to receive and file. Motion carried. PUBLIC HEARINGS None. • ORAL COMMUNICATIONS Ms. Debbie Mills Reported that the section of Cherrywood Cherrywood Street Street where Garvey connects Lark Ellen West Covina, Ca. to Azusa is having traffic problems at the turn at the south end of Cherrywood coming off of Garvey at the freeway and at the turn at Garvey coming onto Cherrywood in a northerly direction. Submitted a. petition requesting correction. The Council received the petition and referred the matter to the Traffic Committee. Mrs. Gloria. Hall, Trea.s. Received letter from L. Held, President San Jose Hills of New Vista Development Corportion to Homeowners Association the City Council, dated February 25, 1977. Thanked Held on behalf of the Association for abandoning construction of the proposed apartment development at the corner of Nogales and Ama.r. Appreciated - 4 - • • CITY COUNCIL Oral Communications February 28, 1977 Page Five request to construct condominium or townhouse development at site, which would provide "pride of ownership." The Association would be prepared to withdraw the law suit against the City when and if the City approves a condominium or townhouse development. Browne noted that this matter would be considered during the City Manager's portion of the Agenda. Mr. G. Marios Also with the San Jose Hills Homeowners 2930 Elgina Association. Asked if there was a. West Covina, Ca. procedure manual available for bringing matters to the City Council. Council and Staff explained that the scope of matters brought before the Council would prevent production of a manual that would cover all circumstances. Reviewed the procedure whereby matters could be brought to the Council's attention through City Hall Staff, and extended an invitation to call any Councilman should such procedure not produce desired results. CITY ATTORNEY ORDINANCE NO. 1328 ADOPTED (Zone Change No. 509 - City Norma Avenue and Citrus. The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. Initiated) Location: NE corner of Motion made by Shearer, seconded by Tice to waive further reading of -the body of said ordinance. Motion carried. Motion made by Shearer, seconded by Miller to adopt Ordinance No. 1328. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES:, None ORDINANCE NO. 1329 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 3177 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PARKING IN ALLEYS. Motion made by Tice, seconded by Shearer to waive further reading of the body of said ordinance. Motion carried. Motion made by Tice, seconded by Shearer to adopt Ordinance No. 1329. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None - 5 - CITY COUNCIL City Attorney February 28, 1977 Page Six ORDINANCE NO. 1330 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA., AMENDING THE WEST COVINA MUNICIPAL CODE RELATING • TO WATER LINES, BACKFLOW PREVENTERS, SIDEWALKS, RIGHT-OF-WAY DEDICATIONS, STREET IMPROVEMENTS AND INSURANCE. Motion made by Shearer, seconded by Chappell to waive further reading of the body of said ordinance. Motion carried. Motion made by Chappell, seconded by Miller to adopt Ordinance No. 1330. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ORDINANCE NO. 1331 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA) CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change No. 510 - Ted Block Datsum/Virgil Miller/Bozzani, Inc.) Location: Garvey Avenue east of Azusa Avenue and south of the San Bernardino Freeway. Motion made by Tice, seconded by Shearer • to waive further reading,of the body of said resolution. Motion carried. Motion made by Tice, seconded by Miller to adopt Ordinance No. 1331. Motion carried on roll call vote: AYES.: Miller, Chappell, Shearer, Tice, Browne NOES: None RESOLUTION NO. 5408 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 690. (Virgil Miller/ Ted Block Datsun/Bozzani, Inc.) Motion made by Tice, seconded by Shearer to waive further reading of the body of said resolution and to adopt Resolution No. 5408. Motion carried on roll call vote: AYES: Miller, Chappell-, Shearer, Tice, Browne NOES: None THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 8:10 P.M. FOR THE PURPOSE OF CONVENING THE COMMUNITY REDEVELOPMENT AGENCY MEETING. • THE COUNCIL RECONVENED AT 8:14 P.M. - 6 - CITY COUNCIL City Ma:na.ger,: February 28, 1977 Page Seven CITY MANAGER LEGISLATION REPORT Staff presented the Report on SB-164. (SB-164) • Motion made by Chappell, seconded by Shearer that the City Council oppose.Senate Bill 164, and instruct the City Manager to prepare letters for signature of the Mayor to notify the respective legisla.tors.- Motion carried. PROPOSED EXPANSION OF Staff presented the Report, clarifying CETA, TITLE VI PROGRAM certain sections upon request. Miller stated that he would be voting In Opposition to this matter because he felt that this program was just like many others offered by the federal government which are good to a point, but beyond that point they either obligate the local jurisdiction to rely upon the federal government or they just cut the program and leave the local jurisdiction hanging. Felt that a one year program was irresponsible in trying to meet employment needs of the nation. A more responsible manner to utilize government funds in this area. would be.to work with the private sector on a low -interest loan basis to expand businesses. Felt the time had come to express to the federal government that temporary programs such as this are not doing the.job, not solving the employment problems in the long run. • Otherr'!Councilmen noted that the hope of the program would be that those persons involved in it would learn some type of trade or skill that would enable them to seek employment at the duration of the program. It was also pointed out that when such funds are not accepted for the program by a city, they are re -allocated to another city, not returned to the taxpayer. Motion made by Shearer, seconded by Chappell to instruct the City Manager to advise the County Manpower Planning Commission of the City of West Covina's acceptance of the proposed expansion of CETA, Title VI Program. Motion carried, 4 in favor, 1 opposed (Miller). SUPERVISOR JAMES A. HA YES' Staff presented the Report. LETTER RE COUNTY ASSESSOR'S TWO YEAR MORATORIUM ON Miller stated that he would Abstain on REASSESSMENT OF RESIDENTIAL_ the vote on this matter because he felt PROPERTY this matter was a legal battle between the County Assessor's Office (Wa.tson) and the County Board of Supervisors. Until the matter is brought into the courts and settled, he felt he was in no position -to say who'is right or wrong. At that time, when • clear facts are available, he would reconsider. In consideration of those citizens whose properties have already been reassessed and the tax revenue for the City, the other Councilmen noted that they would vote In Favor of opposing a moratorium on reassessment of,residential property at this time. 7' - CITY COUNCIL City Manager February 28, 1977 -Page Eight Motion made by Shearer, seconded by Tice that the City Council oppose the County Assessor's proposed two year moratorium on -reassessment of residential property based on the fact • that it would be discriminatory and that this Council is opposed to any discriminatory practices of the County Assessor's Office, including, but not limited to, sports complexes, vacant property, yachts, etc. Motion carried, 4 in favor, 1 abstained (Miller). H.R. 10210 UNEMPLOYMENT Staff presented the Report. INSURANCE PROGRAM. Motion made by Tice, seconded by Chappell that the City Council morally, but not financially,. support Supervisor Schabarum in pursuing legal action against H.R. 10210. Motion carried. REQUEST FOR STAFF TO Staff presented the Report. ATTEND VALIDATION COMMUNITIES CONFERENCE Browne recommended that Shearer attend IN MARYLAND (FIRE the Conference as representative of the MASTER PLAN) elected City officials. Council concurred. Motion made by Tice, seconded by Chappell that the City Council authorize two City representatives to attend the National Meeting of the Validation Communities. Motion carried. REQUEST FROM SUPERVISOR Staff and Browne presented a Report. • HAHN FOR SUPPORT ON THE COUNTY POSITION RE MISSION Motion made by Shearer, seconded by Tice CANYON LANDFILL that the City Council support the County's position opposing closing of the Mission Canyon Landfill. Motion carried. THE MAYOR RECESSED THE CITY COUNCIL TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LITIGATION MATTERS AT 9:00 P.M. THE COUNCIL RECONVENED AT 9:25 P.M. EXTENSION OF CALVIN Staff presented the Report. WETHERBEE'S EMPLOYMENT Motion made,by.Cha.p.pell, seconded by Tice that the City Council authorize the extension,of Calvin Wetherbee's employment to February 10, 1978, at which time he shall attain the age of sixty-three. (Authorization .subject to approval of a. City physician.) Motion carried-. MAYOR'S REPORTS NEW VISTA DEVELOPMENT Th_e Mayor presented.9 letter from Mr. CORPORATION L. Held, President of the New Vista Development Corporation, dated • February 25, 1977, advising the City of their intentions to abandon their proposed construction of an apartment complex, Development Plan No. 145 PCD-No. 1, Tentative Tract -Map No. 33076. and requesting Council rescind their action approving same. CITY COUNCIL February 28, 1977 Mayor's Reports Page Nine Mr. R. Agnello, Atty. Advised that the decision to abandon New Vista Dev. Corp. the project and request Council action to rescind approval of the project was • a decision of the attorneys involved in the matter. In a search for a reasonable and equitable solution to the problem, it was desired to provide a means for the community to communicate their ideas to the developer and to limit the amount of monies expended,, while•protectirig the rights of the landowner and the community.. In no way -would this action reflect an intention to relinquish the rights of,the landowner to develop the property in harmony with the present Master Plan. Mr. L. Held, President Understood that the individual property New Vista Dev. Corp.`- owners.prize their property rights and the ability to make use of their homes in a manner suitable to them, and noted that it was no,less a right to the developer as a property owner, equally concerned that the community retain high quality. The developer in a community seeks and needs local support as much as any other business; i.e. restaurant, market. Would not want to construct in a hostile environment; however, the developer has certain rights and would protect them. Stated that New Vista Development Corporation would like to cooperate with the community, if the residents will be fair and reasonable in return. Felt that the • Homeowners Association should require professional analysis, as well as the City and developer, since it cannot be a matter of emotion. Court action should not be made a, sport or used to put pressure on the developer to deviate from the highest and best use of the property. Hoped that when meetings take place between the Association and the developer, that the homeowners will present practical plans. The developer would welcome any professional consultants. Noted that delays add expense to the .,�roject as well as denying benefits to the community and City. Expressed appreciation for City Council and Planning Commission support in the matter. Hoped that this approach would help all concerned and avoid further litigation. Will explore the possibility of constructing a condominium community, meeting with the community with an open mind. The City Attorney advised the Council on the action necessary in the matter, noting that this action would not in any way.affect the approved Master Plan for the subject parcel. • RESOLUTION NO. 5409 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA , CALIFORNIA, RESCINDING COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 33076, AND INSTRUCTING THE CITY COUNCIL February 28, 1977 Mayor's Reports Page Ten PLANNING COMMISSION TO RESCIND COMMISSION APPROVAL OF DEVELOPMENT PLAN NO. 14, PCD NO. I. • Motion made by Tice, seconded by Chappell to waive further reading of the body of.sa.id resolution and to adopt Resolution No. 5409. Motion carried on roll call vote: AYES: Miller, Chappell,.Shearer, Tice, Browne NOES: None. CITY APPOINTMENT TO LOS Mayor presented Report. ANGELES COUNTY -WEST COVINA CIVIC CENTER Motion made by Shearer, seconded by Tice AUTHORITY BOARD that the City Council re -appoint Mr. Walter �'Labadd to the Los Angeles County - West Covina Civic Center Authority Board. Motion carried. WEST COVINA'76 Mayor presented Report. BICENTENNIAL ASSOCIATION'S RESOLUTION IN HONOR OF THE Motion made by Shearer, seconded by Tice NATION'S BICENTENNIAL YEAR to receive and file. Motion carried. COUNCILMEN'S Shearer reported: that- a: recently -appointed • REPORTS/COMMENTS Commissi.oner�.was :unable... -to= c:ont:inue as a. member -of the Human Relaaions Commission due a cor leict_. - Shearer and Tice recommended that'Ms,. Lynette Stewart be appointed to the Commission. Motion made by Tice, seconded by Shearer that Ms. Lynette Stewart be appointed to the Human'Relations Commission:to:`_fi11=_-tYie-=uriexspired term of Katherine Heinz. RESOLUTION NO. 5410 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPOINTING MS. LYNETTE STEWART TO THE HUMAN RELATIONS COMMISSION. Motion made by Shearer, seconded by Tice to waive further reading of the body of said resolution, and to adopt Resolution No. 5410. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None Shearer reminded those present of the • upcoming election of School Board members and invited everyone to attend Candidate Night at Merced School on Thursday, March 3, 1977. - 10 - CITY COUNCIL Approval of Demands February 28, 1977 Page Eleven APPROVAL OF DEMANDS Motion made by Shearer, seconded by Tice to approve Demands totalling $831,367.39 as listed on Demand Register Sheets • UCB-59534 through 59764. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne 'NOES: None ADJOURNMENT Motion ma.de by Shearer, seconded by Tice to adjourn the meeting at 9:45 P.M. until March 7, 1977 at 7:00 P.M. Motion carried. n LJ