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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.) — 1 — 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 — 2 — 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) — 3 — • • • 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 — 4 — 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. 0 r 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: — 6 — r • n U • 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 — 7 — • E • 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 — 10 — 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