04-10-1978 - Regular Meeting - MinutesW_
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA , CALIFORNIA
APRIL 10, 1978
The regular meeting of the City Council -was called to order at
7:30 P.M. by Mayor Tice. The Pledge of Allegiance was led by
Councilman Chappell; the invocation was given by Councilman Miller.
ROLL CALL
Present:
Others Present:
APPROVAL OF MINUTES
Mdreh.27, 1978.
• CONSENT CALENDAR
1. WRITTEN COMMUNICATIONS
2. PLANNING COMMISSION
: SUMMARY OF ACTION
Mayor Tice; Mayor Pro Tem Chappell
Councilmen: Miller, Shearer, Browne
H. Fast, G. Wakefield, L. Preston,
L. Eliot, M. Miller, H. Thomas,:
G. Salazar, R. Diaz, C. Yoshizarki,
M. Hodge, B. Fowler, N. Stevens,
J. Keating, T. Tynes, M. Volmert,
B. Freemon - S.G.V.D.T.
Motion made by Chappell, seconded by
Shearer to approve the minutes as
submitted. Motion carried.
None.
April 5, 1978 (Accept and file)
3. ADMINISTRATIVE REVIEW BOARD
a)'
SLIGHT MODIFICATION
Request encroachment of a garage
NO. 90 -_Mr. & Mrs.
addition. Approved on
March 27,
G. M. Graham
1978 by ARB.
621 S. Charvers
(Accept and file)
West Covina, Ca.
4. RECREATION AND PARKS COMMISSION -
a)'.,
SUMMARY OF ACTION
March 28, 1978 (Accept
and file)
5. HUMAN RESOURCES.,COMMISSION..
a)'
SUMMARY OF ACTION
March 23, 1978 (Accept
and file)
b)
ACTION ITEMS
(Agenda Item. -.Boards,
Commissions,
Departmental and Other
Miscellaneous
Action Items) Citizens
Telephonic
Participation System (Speak
to Zeke)
- 1 -
L�
CITY COUNCIL April 10, 1978
Consent Calendar Page Two
6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
a)
TRACT N0. 32722
Location: Elena Avenue, Dorothy and
MONUMENT BOND
Delores Streets.
Umark, Inc.
Authorize release of St. Paul Fire and
Marine Insurance Company's Monument
Bond No. 400 DR 4400/87 in the amount
of $1,330. Monuments in place.
(Staff recommends release of bond)
b)'
TRACT NO. 32772
Location: Northwest corner of the
MONUMENT -BOND
_intersection of Shadow Oak Drive and
Butler`-Umark
'Nogales Street.
Authorize release of Cash Deposit in
the amount of $890. Monuments in place.
(Staff recommends release of Cash Deposit)
c)
TRACT'NO. 31273
Location: Shakespeare Lane, Opal Lane,
ACCEPT-jMPROVEMENTS-
Patricia Street, Pauline Street and
Umark, Inc.
Patty Court.
Accept street, sewer, and water improvements
and trenching for street lights, and
authorize release of St. Paul Fire and
Marine Insurance Company's Faithful
Performance Bond No. 400 EK 0773 in the
amount of $161,000.
(Staff recommends acceptance)
7. ABC,.APPLICATIONS
Chief of Police recommends NO PROTEST
a)
WE -DO, INC. &
dba THE CRUSHED GRAPE RESTAURANT
BRUTOCAO DEV. CO.
3030 E. Garvey Avenue South
3030 E. Garvey Ave.
So.
8. CLAIMS
FOR ACTION
a) CHARLOTTE KRAMER Claims damages to vehicle due to alleged
131 S. Meadow Rd. non -operating traffic signal on January
West Covina, Ca. 2, 1978, causing traffic accident.
(Deny and refer to the City's insurance
carrier. Claimant to be so notified.)
b). EDWARD M. WHIPPIE Claims damages to vehicle due to hole in
14070 Janetdale St. road on North Vincent Avenue on February
Valinda, Ca. 7, 1978. (Deny and refer to the City's
insurance carrier. Claimant to be so
notified.)
c) RONALD W. PEARSON Alleges damages to vehicle due to branch
1711 Sunset Ave. falling on March 4, 1978. (Deny and refer
West Covina, Ca. to the City's insurance carrier.
Claimant to be so notified.)
d) GLENDA MC LEAN Claims tree roots clogged main sewer line
1415 E. Louisa Ave. and backup into property sewer line on
West Covina, Ca. February 8, 1978. (Deny and refer to the
City's insurance carrier. Claimant to be
so notified.)
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CITY COUNCIL
Consent Calendar
April 10, 1978
Page Three
9. CITY 'TREASURER ,
a) MONTHLY REPORT
February, 1978 (Receive and file)
•
Motion made by Chappell, seconded by
Browne to approve the Consent
Calendar. Motion carried on roll
call vote:
AYES:
Miller, Shearer, Browne, Chappell, Tice
NOES:
None
GENERAL AGENDA ITEMS
AWARD OF BIDS
PROJECT NO. SP-75006-1
Location: Vincent Avenue between
ML 378 (1) FAU
Badillo Street and San Bernardino
NORTH VINCENT AVENUE/
Freeway, and Glendora Avenue between
SOUTH GLENDORA AVENUE
West Covina Parkway and Merced Avenue.
Bids were received in the office of the
City Clerk up to 10:00 A.M., on Wednesday,
April 5, 1978, and thereafter
publicly opened and read. Request to
hold over to April 24, 1978.
Motion made by Chappell, seconded by
Browne that the City Council hold over this matter until April 24,
•
1978. Motion carried on roll
call vote:
AYES:
Miller, Shearer, Browne, Chappell, Tice
NOES:
None
PROPOSED SALE OF MERCED
Location: North side of Merced Avenue,
AVENUE (SKELTON) PROPERTY
east of Glendora Avenue.
Bids received in the office of the
Controller up to 10:00 A.M., on Friday,
April 7, 1978, and thereafter
publicly opened and read. Council
reviewed the Controller's Report.
Mr. C. A. Lynberg, Attorney, addressed
the Council on behalf of his clients, Drs. Siegel, Kohan, Davis, and
Metzger, bidders on the subject property. He questioned the procedure
and conduct of the Council concerning the bidding to date, and urged
the Council to reconsider the recommendation by Staff and to approve
the bid submitted by hisclients.
Mr. Wakefield briefly reviewed the
history relating to this action, indicating his support for the
Staff recommendation.
carefully reviewing all of the
The Council discussed the situation,
facts concerned.
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CITY COUNCIL
Award of Bids
Shearer that the City Council
the property and authorize the
:. Manager to read vertise for the
carried on roll call vote:
AYES:
NOES:
April 10, 1978
Page Four
Motion made by Browne, seconded by
reject the two bids received for
City Finance Officer and the City
sale of the property. Motion
Miller, Shearer, Browne, Chappell, Tice
None
Motion made by Shearer, seconded by
Browne that the Merced Avenue (Skelton) property be disposed of via
a sealed bid process, fully advertised, with particular notice being
given to the two previous bidders as to the time and place and the
conditions, and that sale be awarded to the highest bidder, taking
into account whether the minimum bid is established. Motion carried
on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
BID NO. 78-168 Bids received in the Office of the
DIAL ACCESS PAGING TERMINAL Controller up to 10 : 00 A.M., on
Wednesday, March 29, 1978, and there-
after publicly opened and read. Council
reviewed the Controller's Report.
• Motion made by Shearer, seconded by
Miller that the City Council reject all bids and authorize Staff
to reopen Bid No. 78-168 to furnish a radio paging terminal.
Motion carried.
ORAL COMMUNICATIONS (8:15 P.M.)
Mr. E. Connally, Rep. of Presented Assembly Bill 2991, authored
Assemblyman Lancaster by Assemblyman Lancaster. The Bill
would align Route 39 south of the San
Bernardino Freeway. Invited the
Council and the citizens of the City of West Covina to comment on
the Bill, and requested Council support of same.
On behalf of the Council, Browne
indicated the City's appreciation for the efforts of Assemblyman
Lancaster in this regard, and requested that the Council be advised
of the Hearing date for the Bill so as to be able to have a City
representative present to testify to the need.
Mrs. B. Uribe, Rep. of Presented a written statement; requested
• West Covina Beautiful a response within thirty days.
Called attention to the current
unsightly condition of many of the City's median and public parkway
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CITY COUNCIL
Oral Communications
April 10, 1978
Page Five
strips. Reported that the West Covina Beautiful Committee has
chosen for its 1978-79 on -going project the initiation of funding
for permanent, low -maintenance landscaping on all of West Covina
aschool parkways, where needed. Requested the Council's careful
consideration in both budgets in establishing a priority list
over a'period of two or three years for the funding of this project.
In response to question by Shearer,
Staff explained that maintenance of parkway strips is the
responsibility of the owner of the property. The only exception
to this is the maintenance of parkway trees, planted by the City.
Shearer explained that this would
also apply to parkway strips belonging to public schools; it is
the school's reponsibility to maintain their parkway strips.
Suggested Mrs. Uribe redirect her request to the proper authority.
The Council concurred with the
worthiness of the project.
Mrs. Uribe requested a written
response to this effect so as to enable her to present the
Committee's request to the School District, who had previously
indicated to her that maintenance of the parkway strips was the
City's reponsibility.
is Mrs. E. Fischbeck As a member and an officer of West
1137 S.._Auburn Drive Covina Beautiful, offered her support
.West Covina, Ca. to the comments of Mrs. Uribe.
Invited the Council and Staff to
hear the Honorable E. Younger, a guest of the 62nd Assembly District
Republican Central Committee to speak as a candidate for Governor
of. the State of California, Wednesday, April 12, 1978, 7:00 to 8:30
A.M., South Hills Country Club.
Mr. J. Jackson Stated that he wanted to ask some
2704 Miranda questions re the B.K.K. Landfill Site.
West Covina, Ca. Since summer is coming and the weather
is getting warmer, the odors are getting
and will be getting worse. After
having read some reports, he wondered if things will be better or worse.
Noted that with the warmer weather, people are going to want to spend
more time outside on their patios.
Tice explained that he, the Mayor Pro
Tem and Staff have a meeting scheduled soon with B.K.K. management.
It is the hope that things will be better, at least from the B.K.K.
• Landfill Site. However, there are two other landfill sites in the
area (Spadra and La Puente) which occasionally send odors into the
City, depending on the conditions and the wind.
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CITY COUNCIL
Oral Communications
April 10, 1978
Page Six
Staff explained that the meeting with
B.K.K. management would entail review of the entire mode of operation
with a resultant full report to the Council. Invited Mr. Jackson
. to meet with the Staff for a full explanation of current City controls
and inspections on the site. A copy of the report to the Council will
also be available to anyone who is interested.
•
Mrs. B. Uribe, Rep. of Asked if the City is responsible for
West Covina Beautiful the maintenance of median strips; i.e.
the unsightly mess on Vincent Avenue,
the main entrance into the City.
Staff invited Mrs. Uribe to meet with
them in order to go over all of the median strips in the City as
to whose responsibility each is; i.e. the City, the County, the State,
adjacent property owners.
Tice reported that Vincent Avenue is
currently undergoing upgrading.
PUBLIC HEARINGS
ZONE CHANGE NO. 528 Location: 941 West Merced Avenue
NEGATIVE DECLARATION OF Request: Approval of a change of zone
ENVIRONMENTAL IMPACT from R-A (Residential -Agricultural),
Lewis B. Anderson, Jr. Area District II, to R-1 (Single Family)
Area District I, on an 18,407 square
foot parcel, and certification of the
Negative Declaration of Environmental
Impact.
Recommended by Planning Commission Resolution No. 2837. Proof of
Publication in the West Covina Tribune of the Notice of Public
Hearing on March 20, 1978 received. Mailed 50 Notices.
PUBLIC HEARING OPENED
IN FAVOR
Mrs. L. B. Anderson,
1362 Echelon
La Puente, Ca.
IN OPPOSITION
PUBLIC HEARING CLOSED
Staff presented the Report.
Jr. Owner of the property. Explained it
was the intent to build one new home
and to upgrade the existing home. All
City requirements would:b,e met.
Requested Council approval of the zone
change.
No one came forth to speak In Opposition.
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CITY COUNCIL
Public Hearings
Zone Change No. 528
April 10, 1978
Page Seven
COUNCIL DISCUSSION In answer to question by Chappell,
Staff explained that upgrading to
City Code could not be a requirement
of either the zone change or parcel map, unless safety of occupancy
is in doubt. Noted that the applicant had indicated the intent to
upgrade the existing home.
Chappell indicated he was happy to
see the proposed improvement to a troublesome corner. Sidewalks,
curbs and gutters at the location would complete another section
of the City.
Motion made by Shearer, seconded by
Browne that the City Council approve Zone Change No. 528, and
direct the.City Attorney to prepare the necessary ordinance.
Motion carried.
ORDINANCE INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE WEST COVINA MUNICIPAL CODE
BY AMENDING THE OFFICIAL ZONING MAP.
(Zone Change No. 528, Louis B. Anderson,
Jr.)
Motion made by Chappell, seconded by
Miller to waive further reading of the body of the ordinance.
Motion carried.
Motion made by Chappell, seconded by
Miller to introduce the ordinance. Motion carried.
TRACT NO. 33014
DETERMINATION OF NEED TO
ACQUIRE RIGHT OF WAY
WEST COVINA PARKWAY
to this date. Notice mailed
1978.
Location: West Covina Parkway and
Virginia Avenue
Set for Hearing on March 27, 1978
by the City Council on March 13, 1978.
On March 27, Hearing was held over
to affected property owner on March 23,
Staff presented the Report.
PUBLIC HEARING OPENED
Mr. W. M. Martin, Attorney Reported that Mr. Zsenyuk has been a
Representing Property Owner horseman for some 27 years. He
Mr. J. Zsenyuk currently resides on an odd shaped
parcel, less than one-half acre. If
the parcel is reduced in size, he would
have trouble exercising his horse.
Pointed out that the Plan for the area
as presented by Staff was very good, and he would have trouble giving
an argument_='if it was real. He wondered what would happen to the
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CITY COUNCIL April 10, 1978
Public Hearings Page Eight
Tract No. 33014
Staff argument if the Mayer project was removed from the Plan.
Did not feel that it would stand up. Felt that one should be
• careful not to start off with the premise that the City would
do what was best or most profitable for Mr. Mayer. Did not feel
that the City would intentionally do something like that, but if
that was the result, he would be better to stop at this point.
Wondered what was the highest and
best use being considered - the highest and best use for the City,
or for Mr. Mayer. If alternate access was chosen, Mr. Mayer would
lose one or two of his proposed lots.
Re page 2, paragraph 2 of the Staff
Report, ("...the project is planned or located in the manner that
will be most compatible with the greatest public good and least
private injury.) and wondered -what if the Council reasoned that
there needn't be�any private injury at all.
Felt that Mr. Mayer built himself
into the situation over the years. He knew the restrictions, and
he wittingly and knowingly enclosed himself. Therefore,'why not
a dedication from Mr. Mayer. That would not require the taking of
anyone's private property, particularly Mr. Zsenyuk, who already
has a lot probably less than one-half the size of the surrounding
lots.
• Requested the Council to seriously
consider the corollary- must there be any private injury at all
to anyone"except Mr. Mayer? who created his own situation?
Asked if he -was correct in his
understanding that the City acquired the property for the proposed
fire station some eight or nine years ago. Wondered if, in that
time, anything has ever been done to start the station. Questioned
the safety of the proposed location in relation to South Garvey
Avenue. Suggested leaving the elongated east —west portion of the
station rather than trading prime Barranca Street property, which
has a higher and better use. It seemed to him that in a trade,
the City would end up with less land, and nothing has ever been
shown that it is going to be used for a fire station. Felt that
it was an unreasonable Plength of time for appropriation of property.
Realized that the Council had wide
discretion; in fact, full discretion'in this entire matter. He
spoke of the discretion as being partially political, in its best
sense, and did not feel it would be a wise move.
Asked who was the Traffic -Safety
Engineer behind the Staff's Report. Re safety, pointed out that
there is a four lane roadway available in Barranca Street as
opposed to a two lane, 60 foot right of 'way, down Virginia Avenue.
There is a straight view for a long distance along Barranca. Noted
the equestrian trail some 31 yards south of Garvey, which would be
a traffic hazard, the two exits from existing apartments that would
CITY COUNCIL '
Public Hearings
Tract No. 33014
April 10, 1978
Page Nine
come out onto Virginia to Barranca, some 300 people, and possibly
future fire trucks, all safety hazards. Recalled other areas in
• the City where heavy traffic exits from driveways some 50 or 60
feet from main streets, and wondered why it could be done in this
case, especially when opposed to the taking of someone's property,
someone who is innocent, rather than from someone who has built
his own enclosure. '.Suggested that yellow blinking lights on
Barranca and a stop -sign at the development exit would be a safe-
guard. Felt that there was some confusion about safety. Felt that
the.public should know how such a sweeping engineering decision had
been arrived at by the City.
Presented the following quotes from
law to substantiate the factual background h°e had made. "Regarding
public use, as distinguished from a particular individual, a
particular number of individuals, it is not necessary that each
and every individual living within a society or community should
have the same degree and interest in this use, or be personally or
directly affected. Public advantage exists as long as the public
Will enjoy some benefit. A use which concerns the whole community
or promotes the general interest in relation to any legitimate
object of government." And, of course, the Council's discretion
is unlimited from the legal point of view.
Requested that the Council, in the
• interest of equity and good conscience, in the interest of the
man 'who created the situation, and in the interest of not leaving
Mr. Zsenyuk with a little, tiny parcel, adopt the street of twice
the width, and approximately the same distance from South Garvey
up to the north line of Virginia up to where Mr. Mayer's property
starts. -
Reminded the Council of the petition
submitted to the Council in July of 1977, re opposition to the
Staff recommendation this date. The chief reason given was safety
factors from their own daily observations. Requested the Council
give this consideration.
Mrs. R. Graham As in the past, was opposed to the
3129 Virginia Ave. Virginia Avenue access. While Staff
West Covina, Ca. always seems to have the answers, she
disagrees many times with what is said.
Believed that since Mr. Mayer purchased
his land many years ago, he knows what he has and has known from the
beginning. Felt that access to his development should be from his
own property, not by taking someone else's private property and
infringing on their privacy.
Noted that the speed limit on Virginia
Avenue is 25 mph, while the rated speed is 45 mph, according to the
Staff Report. Hoped that the Council realized that the average speed
then on Virginia is 45 mph on a 25 mph street. To her, that meant
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CITY COUNCIL April 10, 1978
Public Hearings Page Ten
Tract No. 33014
that the cars going 25 mph were only balancing the cars going,60 mph.
Wondered, then, why the City would access another street into a two
• land road with those speeds. Felt it would just bring more problems.
Felt that something should be done about
Virginia Avenue, but did not feel that bringing another street into it
would be the answer.
Mr. D. L. Ingram, Representative of R. L. Mayer.
Consultant As°to Mr. Zsenyuk's concern for the
P.O. Box 5922 amount of property to maintain his
El Monte, Ca. horse, noted that Mr. Zsenyuk drew
the property lines on the property
when he sold to Mr. Mayer; he specified
the location, and sold four acres of land. At that time, seven years
ago, he could have saved more of the land for himself.
Noted that in a previous Report
prepared, it stated that some other 15 to 30 lots would be developable
if access was as recommended.
Pointed out that Mr. Martin had not
taken into consideration the difference in traffic flows on Barranca
and Virginia Avenues.
• Did not feel that Mr. Mayer had enclosed
himself in since Mr. Zsenyuk had set the property lines originally,
and that since that time, the alignment of .Virginia Avenue had changed.
c Reported that since the time of the
purchase of.the property in 1970, a considerable amount of time,
money and effort has gone into some five or six development plans
for the property. This.has concerned both the City and Mr. Mayer
in order to bring about a good development for the area. Reviewed
the history of the area; i.e. studies by the East Hills Specific
Plan Committee, amendments to the General Plan, street realignment,
etc.. These things were done to eliminate the opposition of the
majority of the residents along Virginia; to make the development
of the Mayer property more compatible with the area. When accom-
plished, the final design efforts were excellent according to every-
one involved.
All of the lots will be 1400 square
feet or more; no variances were requested; Mr. Harvey was able to
develop the surplus property behind his home; the City acquired a
very large section of property for future street purposes; the
City will get substantial street improvements at the developer's
!- expense,
Stated that all traffic experts over
the years have recommended Virginia Avenue access rather than
Barranca because of the many hazards.
Pointed out that the proposal is
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CITY COUNCIL
Public Hearings
Tract No. 33014
April 10, 1978
Page Eleven
consistent with both the East Hills Specific Plan and the City's
General Plan.
In final analysis, noted that most
of the citizens have approved of the developemnt; the City Council
and the Planning Commission have approved it. All of the engineering
and plans have been completed, and the company is ready to start
doing something productive. Respectfully requested, therefore, that
the Council proceed with the action recommended by Staff.
PUBLIC HEARING CLOSED
STAFF COMMENTS Diaz explained that the Zsenyuk
property, less the subject square
footage, would be sufficient for
the maintenance of a horse, but not for proper exercising of the
horse. The issue in this matter, however, is maintenance, and
that would be possible.
Stated that H. Thomas, of the City
Engineering Department, had been the traffic engineer responsible.
Did not feel that yellow blinking
lights on Barranca would mitigate he traffic hazard because the
access would still remain only a short distance from the South
Garvey intersection, and would create a critical problem.
As f r as the existence of the eques-
.trian trails and the Barranca apartments, the issue is whether or
not the City is going to have the greatest public good, the least
private injury, and the most safe route. The fact that there are
hazards that could exist in the pr sent condition does not mean
that the City should compound them by having another entranceway
an to Barranca.
With regard to the fire station, the
City has agreed to exchange proper y. The Barranca property being
more valuable, the City feels it will be more than an even exchange.
The fire station and training section, as proposed, could not be
developed on the property currently owned by the City. That property
was acquired eight years ago.
In.c'nelusion, felt that the three
findings, as presented in the Staff -Report, were addressed affirma-
tively, and that Staff would continue to recommend.to the Council
that the property be acquired through eminent domain.
WIn aIswer to question by Shearer, Diaz
explained that it became 17egal in 2st Covina to maintain a horse on
a 202000 squa-re;';foot lot with the �doption of the Horse Ordinance in
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CITY COUNCIL
Public Hearings
Tract No. 33014
1975. Prior to that time, one acre)
zone, in which the Zsenyuk property
• there was 20,000 square foot of pas#
definition of "pasture land."
In any
Diaz explained that if access was t
of the Staff Report, 18 lots would
variances would be required for dev
lots would be available to Mr. Me
acquisition of some Harvey property.
April 10, 1978
Page Twelve
was necessary, except in the R-A
is located. The requirement
ure land, but there was no
wer to question by Shearer,
be from Barranca, Alternate 3
e available to Mr. Mayer, but
lopment. In Alternate 1, 20
, made possible through the
COUNCIL DISCUSSION Browne recalled that when the Planning
Commission and the Council approved
Tract No. 33014, it was indicated there
was a negotiation going on between Mayer and Zsenyuk for the attain-
ment of the subject property to put through the roadway to Virginia
Avenue. At that time, his position was based upon the fact that the
negotiations would be fulfilled by Mayer and Zsenyuk. Any assistance
that the City would give would be through a media:toral-position_between
the two parties.
Browne stated that he has always taken
the stand that the acquisition of property through eminent domain
for private use by developers is not to the better efficiency of
• City government. He could go along *ith it for the purposes of
putting through a street for safety purposes through private properties,
or to relieve some hardship that might prevail in existing development.
But, in this instance, noted that the
negotiations had apparently fallen down between Mayer and Zsenyuk,
for reasons unknown to him. However, his position would still remain
that under no circumstances would he sit on the Council and approve
the taking of private property through the eminent domain process.
.Shearer stated that he would support
the recommended action. _While he shared some of the concerns of
the use of eminent domain, noted that this would not be the first
time that the Council had exercised eminent domain where there was
a benefit to private development; i.e. The Fashion Plaza. Along
with that, however, (felt that was the case here) there was a direct
benefit to the citizens of West Covina. And, that was his concern.
The fact that it might provide an additional lot or tcwo for Mayer
would not be of particular concern. His concern was, what would be
the best street configuration for all of the citizens of West Covina.
Re private injury, he was not only
• concerned with the private injury today, but in the future,if the
Council would deny the action and force Mayer to provide another
development plan, which he could. That could though, he thought,
result in a situation that someday might be regrettable; i.e.
when someone is hurt at the intersection at Barranca. The
attorney for the injured person could point out the recommendations
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CITY COUNCIL
Public Hearings
Tract No. 33014
April 10, 1978
Page Thirteen
of all of the traffic experts. Noted that there are other inter-
sections in the City such as there would be on Barranca, and those
is inters,ections have caused problems, and that people have complained
about them.
,Shearer felt that in his opinion there
was sufficient evidence to convince him that the proposed action
would be in the best overall interest of the community.
Shearer referenced a rather uncompli-
mentary .1-etter*1that appeared in the Covina Sentinel some weeks ago
which accused the City Council of "sleeping with Mr. Mayer" because
the Council was considering this kind of a proposal. Stated that
if he was "sleeping with Mr. Mayer" the problem would have been
solved in about 1970, by voting to let him put 45 units/acre apart-
ments on the property, or later,37 condominiums. Felt that if any-
one mould think that the Council was tied in with Mr. Mayer, that
Mr. Mayer would probably Be the first one to say, "Hey that ain,t
the case." Those other proposals would have made him more money
than he will make on the proposed project.
Miller stated, that as in the past,
he would not basically support eminent domain when it selely.benefits
an individual. Did not feel that was totally the issue this date.
Rather, the issue was, what would be the safest route. While in
• this case, it would benefit the developer, it mould go beyond that
and benefit the public as well.
Noted that in the past he had been
supportive of the development, and would continue to be so this date.
Felt that the development was a reasonable compromise between the
developer and the residents of the community, and that access onto
Virginia Avenue would be the safest'wroute, and to everyone's benefit.
Chappell stated that the proposed plan
had been recommended by Staff as the safest for those persons using
Barranca. While the project could be developed without it, it would
not be the best.
Felt that the Virginia Avenue access
would provide the safest access for the citizens who will be living
in the development, and they, too, will be citizens of the community.
Stated that he does not like to use
eminent domain, but where necessary, and where it would not damage
anyone's property to the extent that it would no longer be useable,
he could support it.
As to.the comments of the letter in
the Covina Sentinel, concurred with Shearer in that he could have
voted a long time ago for apartment units. The Council and the
citizens did not want that type of project. At least three proposals
were turned down until Mayer came in with something that everyone
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CITY COUNCIL April 10, 1978
Public Hearings Page Fourteen
Tract No. 33014
felt they could live with in the area.
• Tice concurred with the comments of
Shearer and Chappell re the letter printed in the Covina Sentinel.
From a safety standpoint, Tice favored
the access to Virginia Avenue.
While he would not generally favor
eminent domain, felt that since the rights of the land go on in-
definitely, Mr. Zsenyuk's rights would not be harmed. Indicated
he would therefore support the Staff recommendation.
RESOLUTION NO. 5669 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY IN
FEE FOR PUBLIC STREET PURPOSES AND ALL
USES APPURTENANT THERETO. (for a
portion of West Covina Parkway East)
Motion made by Chappell, seconded by
Shearer to.waive further reading of the body of said resolution,
• and to adopt Resolution No. 5669. Motion carried on roll call vote:
AYES: Miller, Sheave-r,.,.Chappell, Tice
NOES: Browne
THE MAYOR CALLED A RECESS OF THE COUNCIL AT 9:50 P.M. THE COUNCIL
RECONVENED AT 10:00 P.M.
ORAL COMMUNICATIONS (10:00 P.M.) None.
PUBLIC WORKS
PROJECT NO. SP-75006-1
PROPOSED NORTH VINCENT
AVENUE STREET LIGHTING
(INFORMATIONAL REPORT)
PROJECT NO. SP-77005-1
APPROVE PLANS AND SPECI-
FICATIONS FOR STREET
RESURFACING AND CHIP
• SEALING PROGRAM
Council reviewed the Engineer's Report.
Motion made by Chappell, seconded by
Shearer to receive and file. Motion
carried.
Location: Citywide
Staff presented the Report.
Motion made by Chappell, seconded by
Shearer to approve plans and specifica-
tions and to authorize the City
Engineer to call for bids. Motion carried.
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CITY COUNCIL
Public Works_ ' -
April 10, 1978
Page Fifteen
TRACT NO. 33076 Location: Southwest quadrant of Amar
APPROVE FINAL MAP Road and Nogales Street
NEW VISTA CORPORATION Council reviewed the Engineer's Report.
• RESOLUTION NO. 5670 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF TRACT NO. 33076
AND ACCEPTING AN AGREEMENT BY THE SUB-
DIVIDER AND SURETY BONDS TO SECURE SAME.
Motion made by Miller, seconded by
Shearer to waive further reading of the body of said resolution,
and to adopt Resolution No. 5670. Motion carried on roll call vote:
AYES: Miller, ,Shearer, Browne, Chappell, Tice
NOES: None
ANNEXATION TO LOS ANGELES Location: Northerly of Shadow Oak Drive
COUNTY SANITATION DISTRICT between Adrienne Drive and Woodgate Drive
NO. 21 - SHADOW OAK PARK Council reviewed the Engineer's Report.
RESOLUTION NO. 5671 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
CONSENTING TO THE ANNEXATION OF SHADOW
OAK PARK TO THE LOS ANGELES COUNTY
• SANITATION DISTRICT NO. 21.
Motion made by Chappell, seconded by
Miller to waive further reading of the body of said resolution, and
to adopt Resolution No. 5671. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
PROJECT NO. 7801 Location: Citywide Engineering Maps
BASE MAP REPOGRAPHICS. Staff presented the Report.
Motion made by Chappell, seconded by
Miller that the City Council find that this project involves
professional services and waive the formal bidding requirement.
Further, that the City Council authorize issuance of a purchase
order to Consolidated Reproductions of Orange C.ounty to perform
these services. Motion carried.
GARVEY AVENUE Location: East Garvey Avenue, North
PARKING RESTRICTIONS in the vicinity of Mocking Bird Lane
• and Meadow Road.
Staff recommended the matter be held over.
Shearer suggested that one of the
alternates considered be shifting the parking to the south side of
'North Garvey.
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CITY COUNCIL
Public Works
April 10, 1978
Page Sixteen
Motion made by Chappell, seconded by
Miller to hole this matter over. Motion carried.
• BOARDS, COMMISSIONS, DEPARTMENTAL
AND OTHER MISCELLANEOUS ACTION ITEMS
HUMAN RESOURCES COMMISSION Citizens Telephonic -Participation
MEETING OF MARCH 23, 1978 System (Speak to Zeke)
Staff presented the Report.
In response to question by Chappell,
Staff explained that advertising via the radio would be free; other
advertising would be a cost eligible under the CDA Grant.
In response to question by Shearer,
Staff explained the types of recording cassettes that would be
used.
In response to question by Browne,
Staff explained the program was instigated out of concern for
comments such as, "You don't hold your meetings when I am available.,,
I work at night. I don't like to go out at night, etc." This would
enable citizens to get involved in an easy manner.
Browne indicated that he felt the
Council should have been briefed to some extent on the intent of
• the program prior to action by the Human Resources Commission.
Tice related that both he -and the Mayor Pro Tem had been briefed.
Apologized that it did not go further.
Shearer stated that while he was in
overall support of the program, he had one basic concern - that the
cost indicated in the Report would only be the tip of the iceberg.
If the program is successful, it will take someone an hour to listen
to each tape, as well as response and referral time. Could envision
down the road that it might be possible that someone would have to
be hired to handle the process. Noted that he is ,.-skeptical of
massive programs implemented to solicitor citizen input.
Miller wondered if there was still
a public communications line open into City Hall during regular
working hours. Staff explained that .the Speak to Zeke Program
would be related to community development information and comment
reception. Staff does and would continue to spend time on the
telephone during the regular work day. The intent of the Program
would be to provide communication during those times of the day
and night when there is no Staff available.
• Shearer pointed out that the logo
on the Staff Report; a telephone with a receiver laying with no ear,
might cause some skeptic of government to say, "See, they have a
telephone, but there is no ear. There is nobody there to listen."
- 16 -
CITY COUNCIL
Boards, Commissions, Departmental
&'Other Miscellaneous Action Items
April .`10, 1978
Page Seventeen
In response to question by Tice,
Staff explained the procedure by which the Department would refer
• comments to the appropriate designations.
Motion made by Shearer, seconded by
Miller that the City Council adopt the Speak to Zeke Proposal
and approve its implementation as soon as possible for a six month
period; and, that the Council receive an evaluation of the Program
at the end of that time. Motion carried.
FINANCE DEPARTMENT Approvaloof Liability Insurance
Coverage for City of West Covina
Staff presented the Report, clarifying
sections on request.
Chappell recommended, in light of
the $50,000 deductible clause, that the Council set aside the
projected savings of $66,281.33 in reserve to back up the deductible.
Chappell reported that the League of
California Cities has a Committee at State level working in the area.
of insurance, trying to remedy the situation.
Motion made by Shearer, seconded by
Miller that the City Council approve the procurement of general and
• auto liability coverageswithAdmiral and First State Insurance
Companies, and that the City Council authorize an auto reserve of
$66,281.33 in order to back up the deductible. Motion carried.
BUILDING DEPARTMENT Edgewood Public Library Lease Agreement
with the Los Angeles County
Staff presented the Report, delineating
the upgrading costs upon request. -
Motion made by Miller, seconded by
Shearer that the City Council of the City of West Covina authorize
the Mayor and City Clerk to execute the extension of the current
lease with the Los Angeles County Library System for another five
years at a rental cost of.$560 monthly. Motion carried.
FIRE DEPARTMENT
Designating Fire Chief as Issuing
Authority for Explosive Permits
RESOLUTION NO. 5672 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
• CITY OF WEST COVINA, CALIFORNIA,
DESIGNATING THE FIRE CHIEF AS THE
ISSUING AUTHORITY FOR THE ISSUANCE
OF PERMITS RELATING TO THE MANUFACTURING,
POSSESSION, SALE AND TRANSPORTATION OF
EXPLOSIVES.
17 -
CITY COUNCIL
City Attorney
April 10, 1978
Page Eighteen
Motion made by Shearer, seconded by
Miller to waive further reading of the body of said resolution,
and to adopt Resolution No. 5672. Motion carried on roll call vote:
AYES Miller, Shearer,'Browne, Chappell, Tice
NOES: None
CITY ATTORNEY
ORDINANCE NO. 1374 Council reviewed the Staff Report.
ADOPTED The City Attorney presented:
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 made by Shearer, seconded by
Miller to waive further reading of the body of said ordinance.
Motion carried.
Motion made by Shearer, seconded by
Miller to adopt Ordinance No. 1374. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
. NEW "ASSUMPTION OF LIABILITY Staff presented the Report.
AGREEMENT" BETWEEN THE CITY
OF WEST COVINA AND THE Motion made by Miller, seconded by
COUNTY OF LOS ANGELES Shearer that the City Council approve
the new "Assumption of Liability
Agreement" between the City of West
Covina and the County of Los Angeles. Motion carried.
AMENDMENT TO AGREEMENT
BETWEEN CITY OF WEST COVINA
AND R.L. KAUTZ & COMPANY FOR
SELF -ADMINISTRATION SERVICES
Staff presented the Report.
Motion made by Miller, seconded by
Shearer that the City Council approve
the addendum to the original contract
with R. L. Kautz & Company, effective
April 16, 1978. Motion carried.
THE MAYOR RECESSED THE CITY COUNCIL AT 10:47 P.M. FOR THE PURPOSE
OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING. THE
COUNCIL RECONVENED AT 10:55 P.M.
V
CITY MANAGER
• LEGISLATION AB 2659 - Compulsory & Binding Arbitration
Police and Fire Departments
AB 2744 _.Authorizes Agency Shop in
Local Government
Staff presented the Report.
CITY COUNCIL
City Manager
April 10, 1978
Page Nineteen
Motion made by Shearer, seconded by
Browne that the City Council oppose AB 2659 and AB 2744, and
authorize the Mayor to correspond with the appropriate legislators.
• Motion carried.
AUTHORIZATION TO PROCEED Staff presented the Report.
WITH ORANGE/MERCED PROPERTY
Motion made by Shearer, seconded by
Chappell that the City Council instruct Staff to prepare a work
program for the development of a specific plan for the area shown
on the map presented to be called the Orangewood Specific Plan.
Motion carried.
REAFFIRMATION OF THE Staff presented the Report, giving
PROCLAMATION OF EXISTENCE the general status of the properties
OF A LOCAL EMERGENCY affected by the rain storms.
Motion made by Chappell, seconded by
Shearer that the City Council reaffirm the Proclamation of
Existence of a Local Emergency. Motion carried.
SPHERE OF INFLUENCE Staff presented the Report.
STUDY XVI
It was determ1fied that Staff, Tice
and Shearer would attend the LAFCO meeting to present the City's
position.
• Motion made by Browne, seconded by
Miller that the City Council approve the Staff's recommendation
regarding Sphere of Influence Study No. XVI and authorize the
Mayor to communicate this position to LAFCO. Motion carried.
MAYOR'S REPORTS
PROCLAMATIONS The Mayor made the following proclamations:
"Alcohol Awareness Week" -
April 16 - 22, 1978
"California's Forgotten Victims Week" -
April 24 - 28, 1978
COUNCILMEN'S REPORTS/COMMENTS
Councilman Browne Reported that one of the Commissions
was coerced into holding a,;meeting
outside of the City Hall structure.
Felt that the City Council had, in the past, set policy as to
where meetings would be held, although the Human Resources Commission
had been given the latitude to meet occasionally in outside areas
• to accomodate citizens living in those areas,. Maintained that the
City Hall structure is accessible to all people, and that it can
be used by any group desiring to meet within the City. Meeting in
other areas brings undue expense and burden to the Staff and taxpayers.
- 19 -
CITY COUNCIL April 10, 1978
Councilmen's Reports/Comments Page Twenty
Recommended that in the future,
should any Board or Commission desire to hold a --..meeting outside
of the City Hall"s"tructure, that the Council should be,,a.pprized
• of it, and that Council permission should be required.
Reported that certain happenings
have come to light that are not conducive to good performance
of Commissions and Boards. When such things come to light, the
Mayor should immediately contact those persons or Boards or
Commissions involved to confirm the Council direction of the way
in which Commissions and Boards should conduct their meetings
and to review what their latitudes are.
Felt that the Council had waited too
long in this matter, and that somethings were now becoming embroiled
with vagaries,_ among individuals that certainly are not warranted
and not conducive to good City government.
Mayor Tice Stated that he had planned to meet
with the new Commission and Board
chairmen after re -organization in
June. In consideration of the situation, he would contact the
current chairmen within the next week or so.
Councilman Shearer Stated that while he did not have a
quarrel with meetings outside of the
• City Hall structure, he did have a
quarrel with the reasoning for such meetings. Concurred that the
situation has resulted in bickering.among the Human Resources
Commission.
Motion made by Shearer, seconded by
Browne that the City Council instruct Staff to prepare a resolution
stating that without prior approval of the City Council, all
meetings of City Boards and Commissions shall be held in the City
Hall structure. Motion carried.
Councilman Chappell Reported that Mr. Allan Soltch had
presented an analytical talk on
Proposition 13 to the League of
California Cities, Los.Angeles Division. Copies of the presentation
will be made available to the Council.
APPROVAL OF DEMANDS Motion made by Chappell, seconded by
Browne that the City Council approve
Demands as.listed on Demand Register
Sheets UCB 6.6881 through 67310, totalling $958,269.01. Motion
carried on roll call vote:
• AYES: Miller, Shearer, Browne Chappell, Tice
NOES: None
I Zlm
•
CITY COUNCIL
City Manager
April 10, 1978
Page Twenty-one
THE MAYOR RECESSED THE CITY COUNCIL MEETING TO EXECUTIVE SESSION.;;
AT"11:30 P.M. THE COUNCIL RECONVENED AT 11:43.P.M..
MEMORANDUM OF UNDERSTANDING Staff presented the Report.
WEST COVINA POLICE OFFICERS
RELIEF ASSOCIATION - Re Motion made by Shearer, seconded by
Police Agent Position Chappell that the City Council receive
and file the Memorandum of Understanding
between the City of West Covina and the
West Covina Police Officers Relief Association re the Police Agent
Position. Motion carried.
CITY EMPLOYEE PICNIC
Staff presented the Report.
Motion made by Shearer, seconded by
Chappell that the City Council support the 1978 Employee Picnic.
Motion carried.
ADJOURNMENT Motion made by Shearer, seconded by
Browne to adjourn the meeting at
11:45 P.M, until April 17,.1978,
7:30 P.M. Motion carried.
- 21 -