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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.) - 2 - 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. - 3 - 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 - 4 - 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. - 5 - 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. U J 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 - 7 -. 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 - 9 - 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 - 10 - 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 - 11 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 - 12 - 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 - 13 - 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. - 14 - 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. - 15 - 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 -