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
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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.
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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
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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
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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.
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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.
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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.
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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.
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