02-13-1978 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA,.CALIFORNIA
FEBRUARY 13, 1978:
The regular meeting of the City Council was called to order at
• 7:30 P.M. by Mayor Shearer. The Pledge of Allegiance.was led by
Councilman Miller; the invocation was given by the Reverend
Myrus Knutson of the Christ Lutheran Church.
ROLL CALL
Present: Mayor Shearer; Councilmen: Miller,
Chappell, Browne
Absent: Mayor Pro tem Tice (Due to illness)
Others Present: H. Fast, G. Wakefield, L. Preston,
L. Eliot, M. Miller, R. Diaz, J. Gurr,
M. Volmer.t, T. Tynes, N. Stevens,
A. Koniarsky
B. Freemon — S.G.V.D.T.
PRESENTATION
RESOLUTION OF COMMENDATION The Mayor"presented the Resolution
of Commendation to Miss Jodie Green
(age 7) as the winner in the Name
Your Park Contest — and thanked her for her interest and participa—
tion.
• APPROVAL OF MINUTES The.City Attorney asked for a
correction in the minutes of
January•23, 1978, page 5, an
Ordinance Introduction relating -to- graffi-t'i stating,,.`"Chapter- 6: to
Article VII""should read "Chapter 8".
Motion by Chappell to approve
the minutes of January 23, 1978 as corrected and the minutes of
February 6, 1978 as submitted; seconded by Miller. Motion carried.
CONSENT CALENDAR
1.
WRITTEN COMMUNICATIONS
a)
SPANISH TRAILS GIRL
Request permission to conduct annual
SCOUT -COUNCIL,
fund—raising appeal and waiver
1550 N. Garey Ave.,
of Charity Solicitation License Fee.
Pomona
(Approved in prior years. Recommend
approval)
b)
AUDREY H. COOKE
On behalf of RTD requests permission
OPINION & MARKETING
to conduct a survey with residents
RESEARCH, 560 N.
regarding their use and opinions of
Cahuenga Blvd.,
RTD. ( Recommend approval)
Los Angeles
c)
KEN PEIL
Request to barricade La Serena Drive
on February 5, 1978 from 12 noon to
2 P.M. for purpose of wedding at 761
La.Serena Drive. (Ratification of
staff approval.)
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CITY COUNCIL
CONSENT CALENDAR
2. PLANNING COMMISSION
SUMMARY OF ACTION February 1, 1978.
Page Two
2/13/78
(Accept and file)
3. RECREATION & PARKS COMMISSION
• SUMMARY OF ACTION January 24, 1978. (Accept and file.)
ACTION ITEM Refer to City Manager's Agenda Item F-4.
4. PERSONNEL BOARD
MINUTES OF — December 6, 1978. (Accept and file)
December B. 1978.
December 14, 1978.,
5. HUMAN RESOURCES COMMISSION
SUMMARY OF ACTION January 26, 1978. (Accept and file)
6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
a) TRACT NO. 31522 — Location: Lang and Orange Avenues,
ACCEPT IMPROVEMENTS north of Alisal Street.
CURTIS POET CONTRACTING Accept street, sewer, trenching
for street lights and grading im—
provements and authorize release of
Wells Fargo Bank Cashier's Check No.
15785 in the amount of $2,508 to
Curtis Poet. (Staff recommends
acceptance)
• b) PRECISE PLAN NO. 679
DOUG ELLIS CONSTRUCTION
(Marie Callender)
c) TRACT NO. 32984
UMARK, INC.,
d) TRACT NO. 32983
UMARK, INC.
•
Location: Garvey Avenue North,
east of Barranca Street.
Accept on —site and off -site grading
improvements and authorize release
of Cash Deposit in the amount of
$2,300. (Staff recommends. acceptance)
Location: Stephanie Drive, Shirlee
Street, Rachel and Samantha Avenues,
Stacey, Sally, Ruth and Ruby Courts.
Accept street, sewer, and water line
improvements and authorize release of
St. Paul Fire, -and Marine.Insurance
Company-'s'Faithful Performance Bond
No. 4400-167 in the amount of
$306 SOO, (Staff recommends accept—
ance
Location: Wednesday Drive; Veronica
Avenue, Tillie, Viola, Yolanda and
Valerie Courts.
Accept. Street, sewers and water line
improvements and authorize release of
St. Paul'Fire and Marine Insurance
Company's Faithful Performance Bond
No. 4400—.165 in the amount of
$265Z200. (Staff ,.recommends accept—
anceJ
e) TRACT. NO'. 31273 Location: West of .Nogales and south
UMARK,'INC. of Shadow Oak Drive.`
Accept grading improvements and
authorize release of St. Paul Fire and
Marine Insurance Company's Faithful
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CITY COUNCIL
Page Three
CONSENT CALENDAR
2/13/7a
Performance Bond No. 440 EK0774 in
the amount of $322,800. (Staff
recommends acceptance)
f) TRACT NO. 32980
Location: South of Shadow Oak
• UMARK, INC.
Drive, west of Shakespeare Drive.
Accept grading improvements and
authorize release of St. Paul Fire
and Marine Insurance Company'.s
Faithful.Performance Bond No. 400 DR
4400/112 in the amount of $237,000.
(Staff recommends acceptance)
g) TRACT NO. 31987
Location: South of Shadow Oak Drive,
UMARK, INC.
west of Shakespeare Drive.
Accept grading improvements and
authorize release of St. Paul Fire
and Marine Insurance Company's
Faithful Performance Bond No. 400 DR
4400/1Q9 in the amount of _6-37,000.
(Staff recommends acceptance)
h) TRACT NO. 33112
Location: Woodside Vila ge.
UMARK, INC.
Accept grading improvements and
authorize release of St. Paul Fire
and Marine Insurance Company's
Faithful Performance Bond No. 400 DR
4400/124 in the amount of $142,000.
(Staff recommends acceptance)
i) TRACT NO. 33017
Location: Woodside Village.
• UMARK, INC.
Accept grading improvements and
authorize release of St. Paul Fire
and Marine Insurance Company's
Faithful Performance.Bond No. 400 DR
4400/132 in the amount of $82,700.
(Staff recommends acceptance)
j) TRACT NO. 32773
Location: Pauline Street, Peggy
UMARK, INC.
and Petra Courts and Priscilla Drive.
Accept monuments, street light
trenching, street, sewer, water and'
grading improvements and authorize
release of St. Paul Fire and Marine
Insurance Company's Bond -No. 400 DR
4400/113 in the amount of $2009300
Bond No. 400 DR 4400/114 in the amount
of $115,900 and Bond No. 400 DR
4400/116 in the amount of $850.
(Staff recommends approval)
k) 'TRACT NO. 32980
Location: Sarah and Sonya Courts,
UMARK, INC.
Stephanie Drive, Sirel Lane, Slyvia
Street, Stella and Samantha Avenues.
Accept monuments, street light trench—
ing, street, sewer, water and storm
•
drain..improvements and authorize release
of St. Paul Fire and Marine Insurance
Company's Faithful Performance Bonds
440 DR 4400/111 in the amount of
$1892009 400 DR 4400/115 in the amount
of $35,000 and 400 DR 4400/117 in the
amount of $39000. (Staff recommends
acceptance)
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CITY COUNCIL
CONSENT CALENDAR
1) TRACT NOS. 31147 and
32722
BUTLER — UMARK
m) TRACT NO. 31472
KENT LAND COMPANY
n) TRACT NO. 30971
W,&`-�A BUILDER, INC.
7. ABC APPLICATIONS:
Golden Tripot Corp.
533 S. Glendora.Ave.,
West Covina
Page Four
2/13/78
Location: East of Shadow Oak Drive,
north of Woodgate Drive.
Accept grading improvements and on —
site structures per P1an.002—G and
authorize release of St. Paul Fire
and Marine Insurance Company'.s
Faithful Performance Bond No. 400 DR
4400/88 in the amount of $29 500.
(Staff recommends acceptance
Location: Elena. Avenue,. Woodgate
Drive, etc. (Lots 49 thru 53)
Accept irrigation and landscaping im—
provements acid authorize release of
National Fire Insurance Company of
Hartford's Faithful Performance Bond
No. 554-3355 in.the amount of $33,300.
(Staff recommends acceptance)
Location: Marcella Avenue, Miranda
and Melissa Streets.
Accept street, sewer, sidewalk, water
and trenching improvements and
authorize release of Lumbermens Mutual
Casualty Company's Faithful Performance
Bond No. 65T 340 168 in the amount of
$127,300. (Staff recommends acceptance)
Chief ofPolice recommends NO PROTEST
dba MANDARIN CHINA RESTAURANT
533 S. Glendora Avenue
B. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK
a) LARRY FRANKS
1120 Bradford Drive
Glendora
Michael Franks and
Marie Masterson
1108 Radway St..,
La Puente
b) WILLIAM GARY LONDON
1804 E. Alaska St.,
West Covina
Alleges false arrest, false im—
prisonment and battery on 11/9/77.
(Deny and refer to City's Insurance
Administrator and Claimants to be so
notified)
Re incident on 9/4/77 at.Sunset
and Merced Avenues. Claimant stopped
by Sheriff Deputies. (City not
involved, deny and refer to City's
Insurance Administrator and Claimant
to be so notified)
9. QUARTERLY.WATER REPORT (Receive and file)
Informational
Councilman Miller indicated his vote
on Item I—c was "Nay".
Motion by Chappell to approve the
Oonsent Calendar items with the correction on the vote of approval
on Item:l-c; seconded by Miller and carried on roll call vote:
AYES: Miller,
NOES: None
ABSENT:" Tice
Chappell, Browne, Shearer
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CITY COUNCIL Page Five
GENERAL AGENDA ITEMS 2/13/78
AWARD OF; BIDS
PROJECT NO. SP-76002 Location: Walnut Avenue, Merced to
WALNUT AVENUE.RE— Francisquito Avenues.
CONSTRUCTION: Bids received in the Office of the
• City Clerk up to 10:00. A.M., on
Wednesday, February 8, 1978 and
thereafter publicly opened and read. Council reviewed Engineer's
Report.
Motion. by Chappell to accept the
asphalt alternate bid of C. W. Poss, Inc., of Huntington Beach as
.presented at the bid opening on February 8, 1978 for City Project
SP 76002 and authorize the Mayor and City. Clerk to execute an
agreement with said C. W. Poss, Inc., for the work to be done;
seconded by Miller and carried on roll call vote:
AYES: Miller, Chappell, Browne, Shearer
NOES: None
ABSENT: Tice
PUBLIC WORKS
PROJECT NO. SP-77009 Location: Cameron A enue at
FEDERAL AID HIGHWAY Valinda Avenue, Azusa Avenue at
SAFETY GRANT PROJECTS Amar Road, Garvey Avenue north at
Hollenb.eck Street and Garvey Avenue
at Lark Ellen Avenue.
(Council Reviewed Engineer's Report)
• Motion by Chappell to approve the
plans and specifications and authorize the City Engineer to call
for bids for street construction and traffic signal modifications
at such time as the plans and specifications 'are approved by the
California Department of Transportation and the Federal Highway
Administration;'seconded by Miller. Motion carried.
PROJECT N0. SP-75006-1 Location: North Vincent Avenue/
RIGHT—OF—WAY ACQUISITION. South Glendora Avenue.
Status Report (Council reviewed Engineer's Report)
Motion by Chappell to receive and
file status report; seconded by Miller and carried.
APPROVAL OF FINAL SUB—
DIVISION MAPS
TRACT NO. 33930
ANDEN CORPORATION
RESOLUTION NO. 5636
ADOPTED
TRACT. NO "-3664s
RIDGEWOOD DEVELOPMENT
RESOLUTION NO. 5637'
ADOPTED
Location: South east corner of
Shadow Oak Drive and Gemini Street.
(Council reviewed Engineer's report)
The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
.THE CITY OF WEST COVINA, CALIFORNIA,
'APPROVING FINAL MAP OF TRACT NO.
33930 AND ACCEPTING AN AGREEMENT BY
THE SUBDIVIDER AND SURETY BONDS TO
SECURE THE SAME.
Location: Northwest Corner of Amar
Road and Azusa Avenue.
A RESOLUTION OF THE CITY COUNCIL OF.
THE CITY OF WEST.COVINA, CALIFORNIA,
APPROVING FINAL MAP OF TRACT . NO.
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CITY COUNCIL Page Six
PUBLIC WORKS 2/13/78
33.664 AND ACCEPTING AN AGREEMENT BY
THE SUBDIVIDER AND SURETY BONDS TO
SECURE THE SAME.
Motion by Chappell to waive full
readinglof the resolutions
and adopt resolutions; seconded by
• Diller and carried on roll
call vote:
AYES:
Miller, Chappell, Browne, Shearer
NOES:
None
ABSENT:
Tice
TRACT NO.-33327_
Location: North of Amar Road, east
W & A BU'ILOERS, INC.
of"Shadow Oak Drive.
(Council reviewed Eng.i.neer's report)
RESOLUTION.NO. 56'38
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
"
ACCEPTING GRANT OF EASEMENT EXECUTED
BY W & A BUILDERS, INC., AND DIRECT—
ING THE RECORDATION THEREOF.
Motion by Browne to waive full reading
of said resolution and adop�s�same;
seconded by Miller and carried on
roll call vote:
AYES:
Miller, Chappell, Browne, Shearer
NOES:,
None
ABSENT:
Tice
PROJECT NO.` SP-75006-1
Location: North Vincent Avenue, west
• ACCEPTANCE OF GRANT DEEDS
side., between Workman Avenue and
Badillo Street; North Vincent Avenue,
east side, at Badillo Street.
(Council reviewed Engineer's. report)
RESOLUTION NO. 5639
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF
-THE_CITY OF WEST COVINA, CALIFORNIA,
ACCEPTING GRANT DEED EXECUTED BY
JOHN GEORGE AND CATHERINE JOYCE.
KASNETSIS AND DIRECTING THE RECORDA7
TION THEREOF.
RESOLUTION NO. 5640
A RESOLUTION OF THE CITY COUNCIL OF
ADOPTED
THE CITY OF WEST COVINA, CALIFORNIA,
ACCEPTING GRANT DEED EXECUTED BY
FRANK P. AND CLORA'J. NESCI AND
-.DIRECTING THE RECORDATION THEREOF.
Motion by Browne to waive full reading
of said resolutions and adopt
resolutions; seconded by Miller and
carried on roll call vote:
AYES:.
Miller, Chappell, Browne, Shearer
• NOES:
ABSENT:
None
Tice
SUPPLEMENTAL APPROPRIATION
(Council reviewed 'Engineer's report)
FOR CONTRACT PLAN CHECKING
BY THE ENGINEERING DEPT.
Motion by Miller to authorize the
transfer of $61500 from Revenue
Account 56110(121) to Account
802-53 for contractual plan
checking work; seconded by Chappell
and carrib -b —roll call vote:
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CITY COUNCIL Page Seven
PUBLIC WORKS 2/13/78
AYES: Miller, Chappell, Browne, Shearer
NOES: None
ABSENT: Tice
CITY ATTORNEY
ORDINANCE The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 3140 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO
TRUCK ROUTES.
Motion by Miller to waive full reading
of said ordinance; seconded by Chappell and carried.
Motion by Miller to introduce said
ordinance; seconded by Chappell and carried.
ORDINANCE The City Attorney presented:
INTRODUUCTION AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
ADDING CHAPTER 9 TO ARTICLE VII OF
THE WEST COVINA MUNICIPAL CODE
ESTABLISHING MINIMUM REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION
OF DOMESTIC WATER SYSTEMS FOR PROPERTY IN THE HILLSIDE(H)OVERLAY
ZONE.
Motion by Browne to waive full read—
ing of said ordinance; seconded by Chappell and carried.
Motion by Browne to introduce said
ordinance; seconded by Chappell and carried.
ORDINANCE NO. 1369 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
ADDING CHAPTER 8 TO ARTICLE VII OF
THE WEST COVINA MUNICIPAL CODE, DETERMINING THAT GRAFFITI.OR OTHER
INSCRIBED MATERIAL IS A NUISANCE AND AUTHORIZING ITS REMOVAL.
Motion by Browne to waive full read—
ing of the Ordinance; seconded by Miller and carried.
I Motion by Browne to adopt said
ordinance; seconded by Miller and carried on roll call vote:
AYES: Miller, Chappell, Browne, Shearer
NOES None
ABSENT: Tice
THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 7:49 PM. FOR THE
PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL
RECONVENED AT 7:50 P.M.
CITY MANAGER
CONTRACTS WITH MINUTES Motion by Chappell to approve the
CLERKS two year contracts with the Minutes
(Staff Report) Clerks (Kay Cedergreen and Nancy
Beardsley) under the terms presented
by staff in their report dated
February 10, 1978, and authorize the
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CITY COUNCIL
CITY MANAGER AGENDA
Page Eight
2/13/78
Mayor and City Council to execute the contracts; seconded by
Miller and carried.
LEGISLATION AB 2164 — Councilmanic Elections by
(Staff' Report) Districts
AB 2174 - Councilmanic Elections by
Districts
SB 1439 — Mandatory Transportation
Element to the General Plan
Motion by Chappell to oppose all three
bills; seconded by Miller and carried.
SPECIAL SALARY ADJUST—
MENT FOR ALBERT ODDI
(Staff Report)
he will remain at "C" Step
Chappell and carried. .
EXCESS PROPERTY
WEST COVINA UNIFIED
SCHOOL DISTRICT
(Staff .Report)
Parks be authorized to
City's action; seconded
CIVIC CENTER AIR
CONDITIONING REPAIRS
(Staff' Report)
Motion by Miller to authorize a.
salary adjustment to "C" Step for
Albert Oddi, General Public Works
Inspector, effective February 1, 1978;
and authorize his anniversary date be
changed to coincide with this action;
for twelve (12) months; -.seconded by
Motion by Chappell to accept the
recommendation of the Recreation and
Parks Commission and not purchase the
excess parcel of land declared so by
the West Covina Unified School District
and that the Director of Recreation and
contact the District to inform them of the
by Miller and carried.
The City Manager explained
cated for the two-100 ton
needed but not the entire
In discussing the Staff Report presented
by the City Manager, Browne referred to
a Budgetary Session wherein money was
allocated�he thought --for this purpose.
there iv Revenue Sharing funds allo—
compressors maintenance and repair if
air conditioning/heating system.
Motion by Browne to authorize the staff
to proceed with the necessary emergency repairs to the controls
of theair conditioning/heating system of the City Hall and Police
Facility and that the sum of $8300 be appropriated from the un—
appropriated balance of the City of West Covina; seconded by
Chappell and carried.
HEARINGS::
VARIANCE NO•.i.-.756;':. ....:. '-'• Location: North side of Service.
CATEGORICAL EXEMPTION Avenue west of Glendora Avenue.
Osborne Ilaurer Request: Approval of a variance from
certain standards of the West Covina
Municipal Code relating to parking in
the S—C (Service Commercial)Zone. This case being considered
Categorically Exempt, no Environmental Impact Report or Negative
Declaration required. Recommended by Planning Commission
Resolution No. 2822. Called up by the City Council on January 23,
1978. Proof of Publication in the West Covina Tribune of the
Notice o.i' Public hearing. on February 2, 1978 received. 43 mailed
notices.
The Mayor explained basically the
reason for calling up this item was primarily a matter of pro-
CITY COUNCIL Page Nine
HEARINGS: V #756' 2/13/78
cedure in a unique situation where the Planning Commission
approved a Variance which is in excess of the Variance the City
Council. approved; procedurally that would become law unless
called up by City Council.
• The Planning Director showed slides
of site location and summarized the Staff Report explaining the
differences between the Planning Commission approval and that of
City Council. The Staff recommendation is the alteration of the
bonding condition as approved by the Planning Commission at its
regular meeting of January 18, 1978 should be reaffirmed by the
City Council and that Variance No. 756 be approved.
The Mayor asked if after say a -two
month period there is a parking problem can it then be called up
by the Council or does Council have to wait the 12 months?
Mr. Wakefield: Mr. Mayor, on the basis of the action
of the Planning Commission the holder
of the Variance would be entitled to
a full year in which the adequacy of the parking could be
evaluated and at the end of that year the determination would
be made as to whether or not the additional 60 parking spaces
was required. This is now in the situation where the City
Council on the basis of the hearing this evening could modify
that requirement so a determination could be made at anytime
within the 15 or 12 month period if appropriate and the bond
could be written to cover that contingency.
PUBLIC.HEARING OPENED The Mayor explained the matter before
• Council is strictly the -question of
a Variance on the parking.
IN FAVOR
Bob Osborne Concurred with Staff and the Planning
505 N. Tustin Ave., Commission decision; not attempting to
Santa Aria, Ca. eliminate any needed parking but only
preclude spending $35,000 for parking
that might not be needed. Stated reasons why applicants felt
the additional parking would not be needed and cited visits
made to various rinks in checking parking requirements and spaces
used. Asked that Council reaffirm the decision of the Planning
Commission.
IN OPPOSITION'
Rose Dowland Reiterated opposition to.the Variance
820 W.'S.ervice Ave., for parking;'thought this matter was
West Covina, CA. settled on November 28/77 when Council
.voted that they had to put in 150
parking spaces before opening the skating rink and were very
surprised.when a notice was.received re the Planning Commission
meeting which was not very clear and did not state Osborne/Maurer
were reapplying for a Variance or that they were countermanding
your decision.
• The problems of the Variance are th:e'
same, the only difference is they want to wait a year instead of
6 months to finish.the parking area and they still want to,build
another recreational building on property designated for parking
on the roller rink. Disagreed that 90 spaces is sufficient based
on visits to other rinks. Pointed out that consideration is
needed for tixas.P citizens that -have lived on S..e-rvice Avenue and
CITY COUNCIL Page Ten
HEARINGS• V #756 2/13/78
paid taxes for years, etc., objected to statement made in the EIR
with regard to an alternate solution concerning the Service Avenue
properties. Asked Council to make a deci.s.ion tonight requiring the
150 spaces for parking go in at this time.
• The Mayor explained the City does not
have plans to condemn the property on Service Avenue; the statement
in the EIR was an unfortunate statement and staff will be prepared
to explain what the author of the EIR had in mind. The City has
no plans whatever.to condemn houses in the City of West Covina to
provide parking for a -skating rink or any other facility.
Ed Dowland Objected to the way the notice of the
820 W. Service Ave., Planning Commission was made, stating
West Covina it is for a Variance on parking on the
north side of Service Avenue, which would
mean it was along the street, so nobody
paid attention to it. Also the notice in the papers for the last
meeting was a tiny piece back in the middle but when it came up before
the Commission and got their approval there was a big heading in the
paper — felt the citizens on Service Avenue were not being treated
fairly, felt it was not publicized properly.
REBUTTAL
Bob Osborne We did have an opportunity to spend a
part of an evening with Mr. & Mrs.
Dowland and discuss their concerns.
It all boiled down to the point brought up in the EIR. I
attempted to explain the fact the EIR has to state the worst
• case situation and point out all cases. I pointed out the fact
there would be no way of us taking their homes and convert that
to parking that would have to be done by a city or state action.
I know that is still the big issue in their minds.
Going back to one of Mrs..Dowland's
points — we have not proposed a recreational facility for Phase
II. We don't know what we are going to do in Phase II. It is
about a half acre of land, not very big. We talked about an
ice cream parlor which would not require a tremendous amount of
space for a building or parking spaces. Regardless of what we
put in it would have to come before the Planning Commission and
City Council and the parking would have to stand on its own and
meet all the criteria of the City.
The biggest concern the Dowlands have
is tied in with the EIR statement. Thank you.
PUBLIC HEARING CLOSED.
Mr. Diaz: Mr. Mayor, I don't know if the Planning
Director can really set the Dowlands'
minds at ease anymore than you have
this evening. The EIR statement was just an alternative measure
that could be utlized to mitigate a potential impact. What it
means is in accordance with CEQA requirements staff has to place
• in an EIR suggested alternatives to a proposal and one of the
alternatives examined was the possibility of the property on the
south side of service being developed to commercial in the same
depth: -.the property on the.north side of Service and thereby
create additional parking. It was never the intent of the EIR to
state'.that this should be done, or that it would be done, or that
the City should acquire that property to develop into commercial
activity. The policy of the City'Council in that regard has been
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CITY COUNCIL Page Eleven
HEARINGS: LIAR. #756 2/13/78
quite clear in the past and is quite clear today.
Another alternative that could have
been discussed was the building of a parking structure on the
site but that would not mean it would be built. It was just an
• alternative that was discussed in the EIR, it is not one that
is going to be implemented. It was just an alternative discussed
along with other alternatives, it was never the intent of staff
to recommend that the property be taken over and developed into a
parking lot to accommodate any commercial use.
Mayor Shearer: Thank you, Mr.Diaz. Under State Law
re EIR's alternates have to be dis—
cussed; many of which the author of the
EIR or his client have no intention whatsoever of ever doing;
however, the law says these have to be explored and discussed and
in the end should it be found out that is the best solution what
in effect it does is cause the developer to pack up his tent and
move on. The law requires that all possibilities be explored.
COUNCIL DISCUSSION
Browne clarified his stand stating over
a period of years sitting on both the Planning Commission and then
Council he always has taken the stand to never condemn or take by
eminent domain a person's residence to supplement.any given private
enterprise. Even in the Redevelopment area the City Council has
never taken a residence and that is another stand taken by myself —
that we would never declare any residential areas into the
Redevelopment Area primarily to protect the citizen's rights
• invested in their homes. City Council is,the body, which -makes
the decisions and even though the EIR refers to that issue the
power lies right here and I have yet to see a City Council in
this City take a person's home away.
Chappell agreed the homes are safe
as far as Council is concerned, unless they are willing to sell
at a huge profit those homes will never be touched. It was
his feeling that because of the huge cost of putting in this
parking lot that may not be needed that perhaps the 15 month
period could be provided to see if this land is actually needed
Agreed with the Mayor that if it is felt it is needed prior to
the 15 month period Council should be able to exercise that
responsibility. Was willing to support the 15 month waiting
period to see if it is needed but if needed prior would like to
see Council have the option to require it built prior to the
15 month waiting period.
Miller stated with this Council and
his personal stand — the people always come first , their con—
cerns and especially their homes. He further stated he felt
the alternatives in the EIR are alternatives that are not
appropriate. He originally did not feel the 6 month period was
adequate but the 12 month period is adequate and also agreed
with the Mayor in regard to calling...it up in a reasonable time
• if the additional parking is needed.
Browne stated the Dowlands should
understand that we recognize the necessity for the required
number of parking spaces and in all fairness to the applicant
and to the citizens, the applicant should understand that
should we require at a future date additional parking spaces are
not required that even though he decides to put an additional
facility in he understand that he will have to put the additional
— 11 —
CITY COUNCIL
HEARINGS: VAR. #756
Page Twelve
2/13/78
parking necessary to support the additional facility and in no
way would he be allowed to put a facility up that would infringe
on the parking allowance for the other two facilities.
Mayor Shearer: A final comment. I think the evidence
• that has been presented indicates that
the position of the applicant is based
on fact; a number of independent people — our own Planning
Commission, the Police Chief, staff, in addition to the engineer
hired by the applicant, they all made surveys and they all point
to the fact that this type of business does not require the large
number of parking spaces that even with our previous Variance
would have been made available. I think it would be a tremendous
waste not only in money but in resources in our day of conserva—
tion, etc., to pave over a half acre of property that is not need—
ed and then come back and tear it up and haul it off to the dump.
I think iiith proper bonding if the Police Chief, the Planning
Commission, and our staff, if they are all wrong with,..thb':bond•:We
have adequate protection up to the 150 spaces.
I would also like to assure the applicant
that my previous comment about one or two months was not an over—
reaction and if because of a Grand Opening there was one car over
the 90 parking spaces that immediately we would call for the bond.
I think Council would take a reasonable approach, but I do think
we should reserve to ourselves the option that if it becomes obvious
that the 90 spaces are not adequate we should have the option of
correcting without waiting a year. If the applicant is accurate
and confident in his figures he should not be concerned either.
Motion by Chappell to approve Variance
• No. 756 subject to the conditions discussed; seconded by Miller
and carried.
RESOLUTION N0. 5641 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
APPROVING VARIANCE NO. 756.
Motion by Chappell to waive full reading
of said resolution and adopt same; seconded by Miller.
(The Mayor asked the City Attorney if the resolution will be worded
in such a manner that if Council determines prior to one year that
the parking is inadequate it can be corrected; Mr. Wakefield said
ayes".)
AYES: Miller, Chappell, Browne, Shearer
NOES:. None
ABSENT: Tice
ZONE.CHANGE-.`N0i:.52'6 —Location: Southwest corner of Orange
NEGATIVE DECLARATION`OF Avenue and Garvey Avenue North, east of
ENVIRONMENTAL IMPACT Pacific Avenue.
Vic Cruikshank Request: Approval of a change of zone
from Open Space (0-5) to (N—C)
Neighbor —hood Commercial, and certification of
the Negative Declaration of Environmental Impact. Recommended by
Planning Commission Resolution No. 2823. Proof of Publication in
the West Covina Tribune of the Notice of Public Hearing on February
2'9 1978, received. 10 Mailed Notices.
Staff presented slides showing proposed
site; summarized staff report. Staff recommendation is that the
City Council reaffirm the recommendation of the Planning Commission
—12 —
ti
•
CITY COUNCIL
HEARINGS: Z C #526
and approve Zone Change No. 526.
PUBLIC HEARING OPENED
IN FAVOR
Vic Cruikshank
Whittier, CA
PUBLIC HEARING CLOSED
COUNCIL DISCUSSION
by Chappell and carried.
Page Thirteen
2/13/78
I am the developer of the project and
basically approve of it and I am here
to answer any questions Council might
have.
Council indicated their approval of
the Planning Commission recommendation.
Motion by Miller;to approve; seconded
ORDINANCE The City Attorney presented:
.INTRODUCTION AN ORD.INANCE,OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMEND—
ING THE WEST COVINA MUNICIPAL CODE BY
AMENDING THE OFFICIAL ZONING MAP. (Zone
Change No. 526 —,Vic Cruikshank)
Motion by.Browne to Waive .full.:reading of
said ordinancefand introduce ordinance; seconded by Chappell and
carried.
• REQUEST FOR WAIVER
UNDERGROUND STREET
OF Location:
138 N.
Willow Avenue
Request:
Waiver
of underground street
LIGHT REQUIREMENT
lights.
Planning
Commission recommended
M. Rivas
approval
on.January 18, 1978.
(Informa.l Hearing)
Staff presented
the Staff Report. The
matter was heard by
the Planning Commission
at its meeting of
January 18, 1978 and
they recommend
to City
Council approval of
the request.
PUBLIC H�_ARING OPENED. THERE BEING NO PUBLIC TESTIMONY FOR OR
AGAINST, PUBLIC HEARIN'G'CLOSED. COUNCIL DISCUSSION — NONE.
by ,Miller and carried.. Motion by Chappell to approve; seconded
ORAL COMMUNICATIONS
Ernest Wells Requested the Municipal Code relating
West Covinato parking be changed. Understands a
vehicle can be left in a residential
zone parked for 72 hours; would like to
have that amended to read 24 hours; specifically interested in the
area he lives in which is east of Orange Avenue which Mould be
• Swanee Lane running East and West to Conlon Avenue,,which would
be on the east,, bounded on the west by Orange Avenue to Workman
Avenue. Stated it is a great inconve.nience-on Friday for the
street",sweepers when cars are parked. Further requested at the
intersection of Lang and HolloWhurst--Avenue`.that a_grading'im—
provement be made. The pavement in the street is,.ver.y low there
and when people water their lawns the water tends to stay in that
section which makes it very dangerous for vehicles crossing over
— 13 —
J
CITY COUNCIL Page Fourteen
ORAL COMMUNICATIONS 2/13/78
and when it rains you have the same condition. Asked that the
Engineering Department make an inspection of this area and then
do something about it.
Browne questioned the request on the
,is reduction in the parking time — — are you experiencing difficulty
with vacated vehicles being parked, or trucks, or whatever?
Wells stated at times there have been vacated cars parked but
very infrequently, the majority of the cars parked usually belong
to the .house they are parked in front of. Browne asked if they
did have facilities for parking inside and Mr. Wells said "yes".
The Mayor asked staff to take a look at that area to see if we
have experienced any problems with the sweeping of the street,
also the drainage problem.
Nancy Manners I have a suggestion. I understand you
734 North Eileen Ave., have authorized a full page ad in the
West Covina Special Edition of the San Gabriel
Valley Tribune to let citizens know what
progress West Covina has enjoyed over the past four years. I am
not here to comment on that expenditure but I would like to offer
an idea that might provide some -valuable citizen input as long as
we are doing it. Since the reporter gives the City fairly good
coverage I believe the City's progress is pretty adequately
conveyed to the public but it could be quite productive to use
that space to detail the various services the City provides with
the actual budgetary cost in each category and showing also where
the revenues are derived. West Covina residents and businesses
could be asked to rate the services provided — excellent, good,
fair, whatever. This would give us a good idea of how our
citizens see us and where improvement is desired. They could
• also be asked to rate the services in the order of importance
giving the City a fair feedback of.public priorities. A simple
clip out form could be includedin the ad and could be mailed back
to the City for review.
This device Would provide us with
valuable insight in two items: 1.- how residents and the business
community view the quality of services we provide; and 2 — which
services rate highest and lowest in the eyes of the consumer.
This kind of information is needed, I
feel, for intelligent budgeting and planning, especially if
property tax limitation is passed which. would mean, I understand
from the City Manager, a curtailment in this City of two million
dollars :in the City budget. Therefore, I think this kind of input
from those directly affected,"given to the City Council and the
Administration would give some important guidelines from which we
could take more enlighted action if this cut has to be'made and
in fact we are looking for cuts.regardless.
I have been making surveys as I have
gone along asking people what services they really consider
impor.tant:, what their priorities are and you know people don't
really know what the services area. They know of Police and
Fire, but no clear cut idea of everything that is involved in a
• city. So I thought as long as this ad was going to be placed
we could probably get more mileage out of it if we redirected
it to getting citizen feedback as to what they view is important
and how their priorities relate and this could be used if we
need to make drastic cuts.
ORAL COMMUNICATIONS CLOSED.
14 —
•
•
CITY COUNCIL
CITY MANAGER'S AGENDA CONT'D.
Page Fifteen
2/13/78
SCAG REGIONAL HOUSING Miller stated he had..concern in particular
ELEMENT . with Policy Action 1450-G •and:-had,;expressed
(Informational Report) his personal concern to SLAG. He was
very concerned about their leaving the
role as Advisory and going to a Regulatory approach, but since
then with the input given now it has been encouraging to see -what
the end result was and staff has been very good getting this infor-
mation to him this evening. It now reads: "SCAG shall note in-
consistencies in any application for State or Federally.Funded
housing or community developed programs submitted by a community
that has not adopted housing assistance goals'cons"istent with the
areawide housing opportunities planned for taking into considera-
tion special factors impacting noncomplying communities." So
they are strictly in their Advisory Role, which. was their intent
all along, they just needed groundwork in the beginning -:when it
looked like they may be regulatory but as it turned out it was an
Advisory Role. Miller expressed satisfaction with the way 1450G
was.rewritten.
Motion by Chappell to receive and file
the informational report.; seconded by Shearer and carried.
"TAX REFORM AND LOCAL Council indicated.'they would like to
GOVERNMENT"- - see the Mayor go if; he can possibly
CONFERENCE IN'SACRAMENTO spare -t-he time; Shearer said he could
2/23-24/78 (Staff Report) not attend but that Mayor Pro tem Tice
might be able to attend but has not
yet definitely stated he will.
Lotion by Shearer to authorize the
City Manager and one member of .Council to attend the conference;
seconded by Chappell and carried.
ELECTION OF METHOD OF City Manager summarized the report pre -
COVERAGE UNDER AB644 sented in writing to the Council
(Unemployment Insur- enumerating 3 basic procedures which
ance Mandate) might possibly finance this new cost
of local government which is retro-
active to January 1. No. 1 - Contribute on the same basis as
private employer's to a total of 6.3% of their first $6,000 of
payroll'.- this would cost approximately $80,000 per year.
No.2 - Go on a direct reimbursement basis which would cost
based on our normal experience about $30,000 per year. However,
due to the pending impact of the Jarvis initiative our exposure
could be drastically higher and on a direct reimbursement basis
we would have to pay for experience on a year for year basis.
Staff is recommending the No. 3
alternative: To join a pool of local government entities, the
cost is estimated at approximately $51,000 per year. Staff
feels this. is the best hedge against what we consider the real
possibility of the success of Proposition 13.
We do feel there may be some mitigating
circumstances so the f•ul•1 impact of a total reduction of funding
via Proposition 13 might not come back and hence we feel this is
• a safe. enough approach based upon the probabilities we have to
weigh. We do recommend that the City Council approve the City
elect to finance its mandated AB644 Unemployment Insurance cover-
age through the local public entity employees' fund.
Chappell asked how large the pool is we
are recommended to join? Staff advised it is problematical at
this time depending on how many cities go into the pool. Chappell
pointed out if just.a few cities go we may need an alternate plan.
- 15 =
P
CITY COUNCIL Page 16
CITY MANAGER AGENDA 2/13/78
Mr. Eliot stated the likelihood of
going with Alternate 1 is very remote because it is the most
costly. The other alternative was direct reimbursement for your
own losses and again because of the unknowns of the Jarvis
initiative we can't recommend that at this time. So it seems
• likely that most cities will go with the same alternate because
they are faced with the same uncertaintl0s.we._ara. We do feel
there will be a large enough pool to balance the fiscals. We
must notify the State by the 27th of February.
Motion by Chappell to go with Alternate
3; seconded by Miller and carried.
ACTING FIRE CHIEF The City Manager advised Council that
Acting Fire Chief Womack had to be
hospitalized and is now home again,
but probably will not be returning to work until further tests
are performed and asa result he has appointed: '.Batt..".'CYiief -S:wartz
as the Acting Chief.
MAYOR'S REPORTS
PROCLAMATIONS Hearing no objections from Council the
Mayor proclaimed "National Defense Week"
February 12 — 22, 197B.
ELECT REPRESENTATIVE The Mayor stated Councilman Chappell who
TO THE CONSORTIUM BOARD is the Council representative to the
Consortium Board has.advised him that
this is the time of the year that we
must elect or reelect a Director to that Board. Councilman
• Chappell was asked if he were interested in another term and he
said he would if no other member of Council indicated a desire to
take it. None were interested.
Motion .by Shearer to•designate
Councilman Chappell for the East San. -Gabriel Valley Consortium
Board; seconded by Browne and carried.
APPROVAL OF DEMANDS Motion by Browne to approve Demands
totalling $1,627,522.84 as listed on
UCB register 65757 and 66178; second—
ed by Chappell and carried on roll call.vote:
AYES: Miller, Chappell, Browne, Shearer
NOES: None
ABSENT: Tice
EXECUTIVE SESSION
(Personnel) Council. recessed at 9:09 P.M. for the
Executive Session. Reconvened at
10:07 P.M.
Mayor Shearer: Sometime ago our Fire Chief Wetherbee
retired and.'since.then our City Manager
has been undertaking a rather extensive
• recruitment program — 40 some applicants applied and this evening
Mr. Fast is formally going to introduce•our new Fire Chief.
Jim Kolb of the L.A. City Fire Depart—
ment introduced as the.City's new Fire Chief as of February 27th.
Congratulated by Council.
— 16 —
CITY COUNCIL
ADJOURNMENT
•
ATTEST:
CITY CLERK
r.
•
Page Seventeen
2/13/78
Motion by Chappell to adjourn meeting
at 10:11 P.M., seconded by Miller and
carried.
APPROVED:
MAYOR