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04-24-1978 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA APRIL 24,-1978. The regular meeting of the City Council called to order at 7:30 P.M. by Mayor Herb Tice. The Pledge of Allegiance was led by Councilman Chester Shearer; the invocation was given by Councilman Gary Miller. ROLL CALL Present: Mayor Tice; Mayor Pro Tem Chappell; Councilmen: Miller, Shearer Absent: Browne (Due to illness) Others Present: H. Fast, G. Wakefield, L. Preston, L. Eliot, M. Miller, H. Thomas, R. Diaz, M. Volmert, T. Tynes, C. Meacham, Wm. Fowler, Norm Stevens, Carl Anderson, R.. Paikoff, M. Hodge, A. Koniarsky 8. Freemon - S.G.V.D.T. PRESENTATION -Mayor-Tice presented a. Procl-ama.tion to Beatrice de Uribe, .-President Hof - West Covina. Beautiful;: -,procl.a.im_i.ng . ".West Covina. Beautiful .Month" -, Ma.y..1978;- ,and expressed the City's appreciation of the programs West Covina Beautiful has sponsored and implemented benefiting the City and its citizens. CONSENT CALENDAR • 1.' WRITTEN COMMUNICATIONS a) TIM ALTWINE Member of the 1977 West Covina Independence. Day Parade Committee - Re S470 Pepsi bill. (Withdrawn. Refer to discussion on Page 3) 2. PLANNING COMMISSION SUMMARY OF ACTION April 19, 1978. (Accept and file) 3. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) PROJECT NO. SP-77001-1 Location: Delvale,Street from BARRIER REMOVAL PROGRAM Sunset to Tonopah Avenues, Orange Sully -Miller Company Avenue from Doublegrove Street to Francisquito Avenue, and intersec- tion of Sunset and Francisquito Avenues. Accept improvements and authorize release of Seaboard Surety Company Faithful Performance Bond No. B46710 in the amount of S16,373.10, subject to Notice of Completion procedure. Project is completed, (.Staff recommends acceptance). b) PROJECT NO. SP-77005 Location: Citywide. RESURFACING PROGRAM Accept improvements and authorize Vernon Paving Company release of United Pacific Insurance Company Faithful Performance Bond No. U 95 41 20 in the amount of $69,330 subject to Notice of Completion procedure. Project is completed. .(Sta.ff recommends acceptance) CITY COUNCIL CONSENT CALENDAR Cont'd. Page Two 4/24/78 c) PROJECT NO. SP-78012 Location: Sunset Place between Sunset SUNSET PLACE REMOVAL. Avenue and Garvey Avenue. Aman'Bros.. Accept improvements and authorize re- lease of Travelers Indemnity Company Faithful Performance Bond No. 421E116A in the amount of $54,416.75 subject to Notice of Completion pro- cedure. Project is completed. (Staff recommends acceptance) d) TRACT•NO.'32982''` Location: Giano, Yvonne, Ynez and ACCEPT IMPROVEMENTS Veronica Streets. Umark,.Inc. 'Accept street, sewer, storm drain, water and street trees improvements and trenching for street lights, and authorize release of -St. Paul Fire and Marine Insurance Company's Faithful Performance Bond No. 400 DR 4400/138 in the amount of $172,100. (Staff recommends acceptance) e) TRACT NO. 32981 Location: Rita, Regina, Rachel, ACCEPT IMPROVEMENTS Rebecca and Samantha Streets. Umark, Inc. Accept street, sewer and water im- provement -and trenching for street lights, and authorize release of St. Paul Fire and Marine Insurance Company's Faithful Performance Bond No. 400 DR 4400/135 in the amount of $195t800. (Staff recommends accept- ancel 4. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK:. (DENY_ THE FOLLOWING CLAIMS AND Clai-nia.nts to be .so notifie.d..). a) STEPHANIE P. TROTH Claims damages in auto -pedestrian 2600 E. Fenmead St., accident on 10/23/77 at La Puente W.C. Road and Nogales Street. (Not in City territory) (Deny Late Claim) b) Judith Carolyn Yancey Alleges bodily injury due to arrest 725 S. Valinda Ave., on 9/25/77. W.C. c) J.EFFREY PAYNE (mi.nor) Claims damages for alleged wrongful 214.Morada'.Street, . death of mother Geraldine Burgh on W.C. 11/12/77. d) JERRY, M. BURGH 214'N. Morada Street W.C. e) JOSEPH CERVANTES 18833 E. Renault St., La Puente; and LAWRENCE, CISNEROS, 18825 E. Renault St., La Puente Claims damages alleging -wrongful death of Geraldine Burgh on 11/12/77. Alleges damages due to flood on 12/28/77. - 2 - 0 CITY COUNCIL CONSENT CALENDAR-- Cont'd. 5.- TRAFFIC COMMITTEE MINUTES ACTION REVIEWED 6. CITY TREASURER Mr. Wakefield:. recommendation should be claim. Page Three 4/24/78 Of April 18, 1978. (Accept and file) Item #IV withdrawn. Refer to Page4) Month'of March, 1978 report. (Accept and file) Mr. Mayor, in connection with Item 4-a. The denial of a claim. The application is for leave to file a late claim. The amended to deny permission to file a late.. Council requested the removal of Items 1-a and 5-a #4 for further discussion. Motion by Chappell to approve the Consent Calendar items with the exception of Item I -a and Item 5-a #4; seconded by Shearer and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne ITEM I -a Councilman Chappell:. Mr. Mayor, This is the balance of the money owed by last year's Parade Committee - which we have discussed several times and it was the opinion of the Council that we receive a written request to pay this bill. We now have received that request so I move that.we pay the bill in the amount of $466; Councilman Shearer: I will second the motion and add a comment. As indicated -in our last meeting I am only supporting'.this on the basis that whether we like it or not the 4th of July Parade is connected with the City of West Covina .even though it is sponsored by a separate group. I am concerned that the nonpayment of this bill would reflect with disfavor on our City. I think our reputation is well worth the amount of the bill. I don't think this is something we 'want to encourage in organizations going out and incurring a debt and then coming to the City to be bailed out. Councilman Miller: Mr. Mayor, I mentioned my concerns at prior meetings - hoping that this will not become a precedent in the future and because this year we will not have a parade and the City will not have to expend some $1200 as in the past, I will be supportive of this bill. (The Mayor asked for the exact amount of the,bill and Mr. Fast stated based on the discrepancy between the two reports from the Parade Committee he would suggest that -the. Council approve paying not more than $490." based on the receipt of a substantiated invoice.) Motion carried- on- roll call --vote: AYES:- Miller, She-arer, Chappell, Tice NOES: None' ABSENT: Browne - 3 - CITY COUNCIL CONSENT CALENDAR ITEM 5-a #4 (Traffic Committee Minutes) Page Four 4/24/78 Shearer asked for clarification of the staff recommendation. The City Engineer stated the staff recommendation is contained on Page 12 of the Traffic Committee • minutes and Part 2 of the recommendation should be amended "to remove the presently existing parking prohibition from the south side of Garvey Avenue North within the boundaries of the apart- ment building." The City Engineer.: -explained exactly what the end result would be. Motion by Shearer to approve the Traffic Committee recommendation regarding Item 4; seconded by Miller and carried. GENERAL AGENDA ITEMS AWARD OF BIDS PROJECT NO. SP 75006-1 Location: Vincent Avenue between NORTH VINCENT AVENUE/ Badillo Street and San Bernardino SOUTH GLENDORA AVENUE Freeway, and Glendora Avenue between 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. Held over from April 10, 1978. (Council reviewed Engineer's report) Motion by Shearer to accept the Alternate "A".bid of Aman Brothers, Inc. of Covina as presented at the bid opening on April 59 197B for City Project SP-75006-1 • (low bid) and subject to the approval of the California Depart- ment of Transportation and Federal Highway Administration, and authorize the Mayor and City Clerk to execute an agreement with said Aman Brothers, Inc. for the work to be done; and further authorize the City Engineer'to prepare a change order deleting from the project, the South Glendora Avenue Traffic Signal work at three locations: Cameron, Vine and Merced Avenues, and street lighting trenching and backfiil on North Vincent Avenue, with the additional proviso authorizing staff to delete from the work via change orders in any lesser combination of those above projects depending on the availability of additional funds first approved by City Council; seconded by Chappell and carried on roll call vote: AYES: NOES: ABSENT: BID NO. 78-191 42" INDUSTRIAL SWEEPER • recommendation to hold over an Industrial Sweeper until meeting; seconded by Miller PROPOSED SALE OF MERCED AVENUE (SKELTON) PROPERTY Miller, Shearer, Chappell, Tice None Browne Bids received in the Office of the Controller up to 10:00 A.M., on Wednesday, April 12, 1978, and there- after publicly opened and read. (Council reviewed Controller's report) Motion by Chappell to approve Staff award for Bid No. 78-191 to provide the next regularly scheduled Council and carried. Location: North side of Merced Avenue, east of Glendora Avenue. - 4 - CITY COUNCIL AWARD OF BIDS-.Cont'd. Page Five 4/24/78 Bids received in the Office of the Controller up to 3:00 P.M. on Thursday, April 20, 1978 and thereafter publicly opened and read. (Council reviewed the Controller's report) • Motion by Chappell to approve the sale of the Merced Avenue property to the high bidder - Citrus Valley Associates, for the price of $79,280.88. Further, the City Controller be authorized to execute escrow instructions,,and as well authorize the execution of all legal documents, such'as the grant deed, by the Mayor and the City Clerk; seconded by Miller. Herbert Hawkins, Partner Stated they were the unsuccessful Herbert Hawkins, Inc., bidder; requested the City to hold this over and permit another bidding due to the fact that his partner was out of the country from April 1 to April 16 and the bid had to be in on April 17 and he was unable to et in touch with Mr. Hedrick in time to get their bid revised. Recapped the history of .the bids and bidding pro- cedure) Stated the reason for reviewing the bidding with Council was in all three instances the successful bidder had the advantage of knowing our bid and we feel that this is irregular and due to the fact he was unable to get in touch with his partner in time to change their bid requested that this be held over. Dr. Kohan Did not agree with some of the state - Citrus Valley Associates ments made by Mr. Hawkins - they were never aware of the bids as the City knows. (Recapped the bids made, etc.) • Council is not here for the convenience of Herbert Hawkins and if this has to be postponed or rejected I think it would be a very sad thing for all of us in this City. Mr. Wakefield: (The Mayor asked Mr. Wakefield to comment.) The procedure that has been followed through the last meeting of the City Council has been thoroughly discussed and reviewed and at that time it was determined to reject both bids and readvertise for formal bids in which the terms and conditions of the sale were carefully spelled out Both parties were notified by certified mail of the fact that new bids would be required; copies of the publicized notice were sent to each of them and I think there have been no irregularities whatever in this procedure -even though there were claims of irregularity in connection with the prior bidding process. This evening I think the record is clear, the parties were given a full opportunity"t.o prepare and submit new bids, they were opened at the appointed time and place and the -`high bidder turn`ed.out to be Citrus Valley Associates and I see no reason for not awarding the sale of the property to Citrus Valley,Associates at this time. Shearer asked Mr. Wakefield if both • of these bids were received and opened at 3 P.M. and he answered "Yes". -Shearer then stated if Citrus Valley knew what Hawkins bid was that is the problem of Herbert Hawkins, Inc., in letting Citrus Valley know -What they were going to bid. He then clarified the statement made by Mr. Kohan stating the bids were not rejected for the convenience of Herbert Hawkins, Inc., but were rejected due to the fact they became so complicated and complex the City Council felt it was in the best interests of the City and not Mr. Hawkins, to reject the bids and afford everyone else the opportunity. - 5 - • CITY COUNCIL Page Six AWARD OF BIDS — Cont'd. 4/24/78 Motion by Chappell to approve the sale of the Merced Avenue property to the high bidder, Citrus Valley Associates, for the price of $79,280.88. Further, the City Controller be authorized to execute escrow instructions,and as well authorize the execution of all legal documents, such as the grant deed, by the Mayor and City Clerk; seconded by Shearer and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne. PUBLIC WORKS TRACTS NOS. 32983 and Location: North of Wednesday Drive 32984 and east of Giano Street. UMARK, INC. (Council reviewed Engineer's report) RESOLUTION NO. 5673 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING CORPORATION GRANT DEED EXECUTED BY UMARK, INC., AND DIRECTING THE RECORDATION THEREOF. RESOLUTION NO. 5674 A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, ACCEPT— ING CORPORATION GRANT DEED EXECUTED BY UMARK, INC., AND DIRECTING THE RECORDA— TION THEREOF. Motion by Shearer to waive full reading of said resolutions and adopt same; seconded by Chappell and carried on roll call vote: AY ES: NOES: ABSENT: TRACT NO. 33327.9 LOTS 41 THROUGH 50, AND TRACT NO. 33330 W & A BUILDERS Miller, Shearer, Chappell, Tice None ' Browne Location: North of Amar Road, east of Ridgewood Drive. (Council reviewed Engineer's report) RESOLUTION NO. 5675 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOT LINE ADJUSTMENT. Motion by Miller to waive full reading of said resolution and adopt same; seconded by Chappell and carried on roll call vote: AYES: Miller, 6hearer, Chappell, Tice NOES: None ABSENT: Browne APPROVAL OF FINAL MAPS TRACT NO. 32966 NEW BRITTANY, INC. Location: West side of Hollenbeck Street_:between Cameron and Vine Avenue. (Council reviewed Engineer's report) • • CITY COUNCIL Page Seven PUBLIC WORKS — Cont'd. 4/24/78 RESOLUTION NO. 5676 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF WEST.COVINA, CALIFORNIA, APPROVING FINAL.MAP OF TRACT.NO. 32966 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME. AND ° TRACT NO. 33330 Location: North of Amar Road, east W '& A BUILDERS of Ridgewood Drive. RESOLUTION NO. 5677 A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. .33330 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME. Lotion by Shearer to waive full read— ing of said resolutions and °adopt same; seconded by Chappell and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne EXAMINATION OF TRACT MAPS Location: City—wide. AND PARCEL'MAPS AGREEMENT (Council reviewed Engineer's report) WITH THE COUNTY OF LOS ANGELES.' Motion by Chappell to approve the agreement with the County of Los Angeles for examination of tract maps, and authorize the Mayor and City Clerk to.execute said agreement; seconded by Miller and.carried on roll call -vote: AYES: Miller, Shearer, Chappell, Tice NOES: None' ABSENT: Browne CITY—WIDE STREET LIGHTING Location: City—wide'. AND LANDSCAPING DISTRICT (-Council reviewed Engineer's report) NO. 1978-79 — RENEWAL RESOLUTION NO. 5678 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 19 PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE INSTALLED: ELECTRICAL' ENERGY AND MAINTENANCE TO BE FURNISHED FOR ALL STREET LIGHTS THROUGHOUT THE CITY, AND FOR THE FURNISHING OF LANDSCAPING MAINTENANCE, APPURTENANCES AND APPURTENANT WORK IN THE CITY OF WEST COVINA, CALIFORNIA: AS SHOWN ON PLANS AND DIAGRAM NO. 1978-79, FOR THE FISCAL YEAR COMMENCING JULY 19 1978 AND ENDING JUNE 309 1979. CITY COUNCIL' Page Eight PUBLIC WORKS — Cont'd. 4/24/78 Motion by Chappell to waive full read - ing:of the resolution and adopt same; seconded by Shearer and carried<on roll` -call. *vdte: • AYES: Shearer, Chappell, Tice NOES: Miller (Opposed -the, -landscaping district on its inception) ABSENT! Browne WOODSIDE VILLAGE LANDSCAPE Location: West of Azusa Avenue and MAINTENANCE DISTRICT -NO. 4 east of the ridge line, north of Amar (1978-79) RENEWAL Road and south of the landfill, south of AmarRoad, east of Shadow Oak Drive, west of Nogales Street. (Council reviewed Engineer's report) RESOLUTION NO. 5679 The. City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 29 "LANDSCAPING AND LIGHTING ACT OF 1972" BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF LANDSCAPING AND THE MAINTENANCE THEREOF IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING.ON JULY 11 1978 AND ENDING JUNE 309 1979. Motion by Shearer to waive full reading of said resolution and adopt same; seconded by Miller and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne WAIVER':OF UNDERGROUND Location: 550 S. Glendora Avenue. UTILITIES (Council reviewed Engineer's report) ROBERT E. FRIIS, JR. City Engineer stated this is an informal hearing item; presented staff report; staff recommenda— tion is denial of the request. Council discussed the cost, and whether the City can require the replacement of the damaged area? City Engineer said the city cannot require the replacement and neither can the telephone company as long as it does not pose a hazard.to their facilities; explained it is the responsi— bility of the owner to maintain. PUBLIC HEARING OPENED. Robert E. Friis, Jr. Stated he is the lessee and did not 550 S. Glendora Ave., believe the ownership had changed; asked for further explanation of the owner's responsibility. • Mr. Wakefield: The owner is responsible for provid— ing the underground replacement of the existing cable if it is to be replaced. The question of who pays for it is something that would have to be'worked out between you and the property owner. The problem comes not from th.e presently existing service which is underground but from the additional service provided on a temporary. -basis that is overhead. — 8 CITY COUNCIL Page 9 PUBLIC WORKS — Cont'd. 4/24/78 PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. . Motion by Shearer to deny the waiver request; seconded by Miller and carried on roll call vote: • AYES: Miller, Shearer, Tice NOES: None ABSTAIN: Chappell,(Applicant is a client) ABSENT: Browne ORAL COMMUNICATIONS Mary Eshelby Spoke with reference to the im- 1219 So. Willow -Ave., provements on the property at 2212 West Covina and 2217 W. Merced. Discussed with the Engineering Department, Planning Department, City.Manager and the Mayor, attempting to find out why so much fill is needed. Received a copy of the grading plan that says in the corner the maximum retaining Wall in the corner rear property would be 4' maximum height. Measured it yesterday and it now measures 418" and has been told by Mr. Miller that they will be adding another row of brick for some other earth that is going to be put in. The house will be almost at a 2—story level. Stated the neighborhood has been totally alarmed at this ground level -being changed so drastically from the street — the first house had a 1'evel of 2' from the curb, the second house is 41. (Explained further ground levels in the area and the fact she lived there for 35 years and never knew of a flood in the area) Concerned about the damage that will be done to property because it will depreciate. property values; the need for a fence on top of. the 51one which is over thebalance of the area; can't • see out; will need'an 11' fence to have privacy and safety. The possibility of a sale of the property adjoining that which will mean we will have 5'-of fill on the other side of our property — we will be living in a prison. The Mayor stated he is familiar with the property; having looked at it; asked staff for a complete explanation. Mr. Thomas, City.Engineer: Explained the property was recently subdivided into two lots, one lot being a flag lot, depth of the parcel some 4001, width approximately 1001. The parcel drains away from the street in a southerly direction. The Municipal Code requires that any lot developed either drains towards the street or towards an approved point of disposal or drainage device. On this property there were no drainage devices or approved points of disposal available to handle the natural drainage direction, and easements were not obtainable. Subsequently the developer submitted a grading plan for the site which called for importation of fill and a grade of the pad of approximately 1%.towards the street. (Explained) Pad elevation was to be approximately 12' above the height of the curb on Merced. In response to Mrs. Eshelby!s� request. • I visited the site and later members of my staff determined if the pad was at the proper elevation in relation to the curb and it was found the pad was within an inch of the required elevation. It was also found that the original grading plan was in error with regard to the existing grades prior to the placement of the fill. It was found that the actual grade along the easterly property line was 2' below what was shown on the plan. Consequently in order to establish the proper pad grade it was necessary to increase CITY COUNCIL. Page Ten ORAL COMMUNICATIONS — Cont'd. 4/24/78 the -height of the retaining wall which will be 56" or so in the final condition. The problem staff is faced with is this: the existing development in the area was done many years ago and,homes were built on natural ground. Construction pre— valent prior to*1960 was to construct a foundation wall and have wood floors in.the home. The foundation was anywhere from 15 to 18" above the -surrounding grade; therefore building on natural ground even if the drainage was adverse did not present any water problems to the homes. With the development of. construction using slab floors, which is now the predominant means of constructing homes, the problem of onsite drainage became much more acute. If the drainage on the property is adverse it is quite possible to get water in the home. We had a -considerable problem with this type of thing in the recent rains. Consequently staff has very carefully examined grading plans to make sure the pad elevations are sufficient for the property to drain; that swa.les are placed alongside the pad to carry thewater to a proper disposal or to the street. That is the situation we were faced with on this parcel. It was furthercompounded by the fact.the parcel is quite deep, the house is located over 200' from the street and even at 1%.if the grade is adverse that can increase the height considerably. Additionally the rear part of the parcel had not been graded to the strict code requirements and would have necessitated a fill of some 8 to 10' on the rear property line. In view of the fact that portion of the parcel was not to be constructed with inhabited dwellings and that the regrading of the lower portion of the parcel diverted water.away from the existing dwellings it was felt that • this could be left essentially in its natural condition. (Explained) So consequently the grading done was limited to that necessary to provide adequate level of protection for the new houses to be constructed. The City has no control over the type of construction for the foundation. Additionally there was a problem with the proximity of the building to the lot line but it is 5' and that is all we can impose. Staff attempted to negotiate with the builder to relocate the house and he refused to do so. There was also concern over a fence along the property line, the neighbors wanted a fence of an open nature so it would not create the so—called prison feeling. Again the City could not require the fence to be installed as a condition of the develop— ment of the.zone; the developer agreed to installing a fence but not a chain link, he decided to install a grapestick fence along the property line. At.the present time the,grading has been completed, the foundations for the house have been formed and the retaining wall is essentially complete with one more row of block. .,T.he;developer is in full conformance with all applicable.c;odes and the approved grading plan. Council discussed the possibility of • a pondin.g problem and the City,Engineer said it is possible but not a major problem because the tributary drainage area has been greatly reduced by'the grading of the balance of the site — the drainage will go -generally in the south and easterly direction as it goes now. I.After.furthe.r discussion -by Council it was agreed under the circumstances there Was little they could do — they did ask -that the ordinance be reviewed t,o see if something might be done to avoid:this type of situation. — 10 — CITY COUNCIL ORAL COMMUNICATIONS - Cont'd. Page Eleven 4/24/78 Motion by Shearer to direct staff to reevaluate the Grading Ordinance as it pertains,to drainage and report back to City Council; seconded by Miller. • Tice asked that in looking at this ordinance consideration be given to possibly requiring a raised foundation rather than allowing a slab foundation. Mr. Fast advised staff would consider all alternatives. Frances Sta.uber I live next door to, the project; I am concerned with the mountain of dirt at the back end of my property too.. I.am sure it is going -to cause a flooding because of the fact when they build their wide driveway the water is going to come shooting over the hill and right out onto the street - Merced. On April 15th`when we had that rain I watched the water purposely and .it stood o.ut-in the middle of Merced, backed up to the front of my property and went clear down to the edge of the apartments. It has never done that before. And the statement made that you have to have this dirt fill *'n before we build the house - this is something new. 'Now if Mr. Arends on the other side of me decides that he is going -to build.'something I will have a mountain of dirt on the other side o`f.me and I will be right in the middle of a gully. I also understand the dirt around the edges of your..property also lowers the value of your property and if you are going to -have these high hills on each side of you there is no way that. water is not going to rush down. Mayor Tice said in the 5 Year Public 40 Works Program there is the improvement of Merced which will be possibly done in the next 2 or 3 years. Shearer pointed out the purpoEe of his motion is for staff to reevaluate this kind of a situation from occurring in the future. Mrs.. Sta.uberthen asked if this house was to be above the top of her wall and the City Engineer explained the 'finished floor elevation of the house is about a foot above the top of the wall (detailed the conditions for this). Motion carried. David Meyer Stated he recently purchased a home 2728 Miranda St., in West Covina and it seems to be West Covina downwind of the BKK Landfill. Present tonight to add his voice to that of his neighbors, requesting that the City attempt to identify the sources of the obnoxious odors and rectify the situation. Mayor Tice: Mr. Meyer, as a bit of information. Mayor Pro Tem Chappell and I, along with staff members, did meet with the.BKK people last week and hopefully out of that discussion we will have some positive actions taken.. We cannot guarantee 100% improvement but something will be done to improve the situation. BKK is submitting a report to us which will probably be available • in a month or so. (Asked Mr. Fast if he had anything he would like to add) Mr. Fast: Only as a result of that meeting there was -a high degree of .assurance expressed by the operators that the summer situation will be much changed over that experienced in the CITY COUNCIL Page Twelve ORAL COMMUNICATIONS — Cont'd. 4/24/78 past and that is being experienced now, which in a great measure is due to the adverse conditions caused by the rainstorm and the very heavy rainfalls in the .last few months which did not allow them to,do,'any ,of the corrective actions that they would normally • do. We have received very strong assurances from them that as they make these repairs there will be great improvement. PUBLIC HEARINGS PALM VIEW PARK SPECIFIC. Location: Southwest corner of Lark PLAN — NEGATIVE DECL.ARA— Ellen and Puente Avenues® TION OF ENVIRONMENTAL Request: Approval of a proposed IMPACT — City —Initiated specific plan which includes facili—` ties, such as walks, picnic shelter and tables, bike rack, sand volleyball courts, passive activity area, drinking fountains, play apparatus, benches, a trash enclosure and appurtenant signs, and certification of the Negative Declaration of Environmental Impact. Recommended by Planning Commission Resolution No. 2847. Proof of Publication in the West Covina Tribune of the Notice of Public Hearing on April 13, 1978 received. No notices mailed. Staff Report presented by Mr. Stevens, Director of.Recreation and Parks. PUBLIC HEARING OPENED IN FAVOR Di ::Orva.l.,Tellis (Senior Citizens Group) Thanked • 936 So. Gretta. Avenue Council for the improvements going in West Covina especiallybocce ball; expressed appreciation for -the nice clean facilities provided and for eliminating the noise problem. Advised senior citizens use the Center on Mondays and also will be using it for their dances because the -audio system is great for records, thus saving them the cost of providing a band. Using the facility at least twice a week. Invited everyone to join them -.in their planned 4th of July Old Fashion Picnic at the park. Charles Hatfield Lives adjacent to the park and has seen 1314 E. Eckerman a lot of development in the park in the West Covina past 10 years. And although there have been problems with the park and the community, as a whole there has been no problems directly related to it that haven't been worked out quite successfully. Concerts have posed problems but they were experiments and have worked out beneficial to all. Thanked Council also for the bocci ball area and the horseshoe.pits stating the whole community will be using them, not only the senior citizens. Very much in favor of the added facili— ties; the security lighting has been most adequate and has worked out for`the benefit:of all in the community,._not only those that use the park but also the surrounding homeowners. And the activities • provided in the Center are of use to all in the community. Stated he would like to see some more projects planned for the park, such as has been proposed and as soon as possible. It'was his feeling that the planned programs set up by the Recreation De,part,ment caused no problems,it was the unorganized and individual`,uses of the park that caused the problems. In favor of the plan and hoped to.see it put into service for summer use. — 12 — • CITY COUNCIL PUB. HEARING: "PALM VIEW PK. Page Thirteen 4/24/78 Bill Br.a.nconier Involved in park activities for the 1052 E. Swanee. Lane past 13 years — Little League. Much West Covina in favor of the proposed plan; Felt the issue tonight is just one thing and that is that the federally funded money be used for the purposes it is earmarked for — Senior Citizens and the handicapped. In favor of making improvements to the parks rather than allowing them to deteriorate over the years. Betty Martin (President — Handicapped Group). 1428 Rio Verde Drive Inquired if of the $54,000 allocated West Covina for the handicapped and elderly will the sidewalks for the handicapped just specifically lead to the bathrooms? Mr. Stevens advised they will -lead to the restrooms, around the recreation center, the picnic area, the shelter area and the game core area. 'Betty Martin Mr. Mayor, one problem we seem to be running across with the handicapped parking spaces is the same as we have all over the City — keeping the public aware of these spaces for handicapped persons. Would it be possible to provide signs on each of these spaces? but not with signs; to put the signs uP. patrolled more. IN'OPPOSITION ,The Mayor.stated they are marked now Mr. Stevens advised there is a campaign on now The Mayor suggested these spaces might be None. HEARING CLOSED. 'COUNCIL DISCUSSION Council expressed satisfaction with the plan and the input received from the citizens; asked when this work would be started. Stevens stated hopefully within the next two months we will be going out to bid. Miller said having the opportunity to sit in�on some of the citizen meetings he personall.y:commended them.for.their help in this plan. Shearer said it was a good.:plan, it continues basically the character of the park,, there is no significant use change other than improvements...to;make it more effective in its usage. Mayor Tice: I attended several of the meetings at Palm View Park on the input and I am in favor, but I feel it is only fair that I bring out a couple of points made to me from several people who were in opposition. The points they brought out: they did not want federal money spent on this type of thing, they wanted it sent back to Washington; they did not want to raise the level of activity at the park; and they felt there is an increased burglar,y_,";aspe.ct surrounding the park because of the activities taking place. • RESOLUTION NO. 5680 ADOPTED The City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF WEST.COVINA, CALIFORNIA, APPROVING AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT FOR PALM VIEW PARK.SPECIFIC. PLAN. — 13 — • • CITY COUNCIL PUB. HEARING: PALM VIEW PK. Page Fourteen 4/24/78 Motion by Chappell to waive full reading.of the resolution"and adopt same; seconded by Shearer and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice 'NOES: None ABSENT: Browne RESOLUTION NO:-5681.: The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF•W.EST_COVINA, CALIFORNIA APPROVING PALM VIEW.PARK SPECIFIC PLAN. Motion by Chappell to waive full read— ing of -the resolution and adopt same; seconded by Miller and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne Councilman Shearer commented in regard to something Mrs. Martin said with reference to enforcement of the "No Parking", he assumed the Recreation and Parks personnel cannot issue citations for people illegally parked and Mr. Wakefield said that is correct. Motion by Shearer that the City develop some sort of a small information card because lack of information is probably why people use the spaces designated for the handicapped, this card to be available in all of the Parks offices and personnel politely place a card on the windshield of an illegally parked.car and the bottom line might read "You are subject to having the car towed away". Seconded by Chappell. (Tice said he believed a card was now available and Mrs. Martin advised the Dept of Rehabilitation did supply.cards of that type; Shearer said he would prefer to see this from the City and. not the State. Mr. Fast advised the City is now using the card supplied by the State Department but staff would look into using a card from the City carrying the information suggested.) REQUEST FOR RELIEF OF UNDERGROUND UTILITIES ROLAND BARTHOLEMY .,INFORMAL HEARING. slides shown. PUBLIC HEARING OPENED IN FAVOR Roland Bartholemy . 494 So 4Gre,tta.'...Ave. (Res..) West Covina Motion carried. Location: 1818 East Rowland Avenue. Request: Waiver of underground utilities. Planning Commission recommended approval on April 5, 19T8. (Council reviewed Staff Report) Staff presented the Staff Report; Explained there is a street light now at the end of the alley which protects the backyards of those people and also down the alley, - 14 — CITY COUNCIL PUB. HEARING: WAIVER REQUEST Page Fifteen 4/24/78 Engineering said there would be a new pole installed about 60' away but to get to that pole they either had to come from the gas station and go under two driveways and clear across or underneath that wall and the alley, whichallthe trucks have • to use to unload and'as.far as that drive—in is concerned that is his livelihood, it has to be cars that are moving. The walk—in trade is next to nothing. My objection is based on the fact that you are adding that light pole — you are not replacing an old light pole. Estimated cost was $1600 and that was with— drawn when they saw there was a wall there and they would have to go under the driveway — they then said they would not do it for under_321,000 and this -.is a firm commitment. • PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Shearer commented on the considerable difference in cost figures,— $2,000 versus $700. Asked for staff comment. The City Engineer said "a rule of thumb" for a total light situation is about $1',000 per pole if the light were furnished bythe applicant.. With Edison installing and owning the light the cost would'be around $600/700 (Listed what it covered). The other cost involved would be the trenching and backfilling furnished by the developer, with an approximate cost of $700. Based .on staff experience it would appear that the costs are'not unreasonable and there...are no unusual problems exist— ing at this location. Shearer said in -the staff presentation it was indicated all of Rowland.'.in this area was substandard, so if at such time in'the future the city would form some sort of a lighting district to bring the area up to standard — how would that be paid for? Staff said the property owners would be assessed along the route where the lights would be brought up to standard. Shearer asked if the applicant in this would then be exempt from that if he installed the undergrounding now? Mr. Wakefield: Mr. Mayor and members of Council, I think it would depend on whether or not the purpose of the project was simply to upgrade the quality of the lighting that was pro— vided in the area or whether it was actually to underground the existing facilities and provide whatever additional facilities are necessary. If it was simply to upgrade the lighting facili— ties then this particular property owner would pay his share because he would be benefiting; if it were to underground the existing system and also upgrade it he would be assessed a smaller amount simply because he has already performed the work of undergrounding. Councilman Shearer: I assume there are some spacing standards for lights — so say there was one pole required in front of his property, would we have the situation we. have this evening'if he were 100' west? (Staff answered "no, if the lighting requirement did not call for a pole in'front of his property he would not be required to install it.") This is an example of something that has bothered me for quite sometime, the justice in our undergrounding ordinance. Obvinusly a light pole benefits more than just the property in question. I have a light pole in front of my home, say my house burned down and I wanted to rebuild my home, I am assuming I would have to underground and pay the whole cost and my neighbors on either side would get Whatever benefit there is. I have a pro— blem reconciling that. — 15 — CITY COUNCIL . PUB. HEARING: WAIVER REQUEST Page Sixteen 4/24/78 On the other hand i.f we don't start somewhere we never get the -things underground. We had one or two situations similat;a.t our last..meeting. and three tonight — I think the whole question of underg.rounding in this kind, of a situation should be reevaluated. So because of that reason I will support the request to grant the waiver. (Council indicated their agreement) Motion by Shearer to waive the undergroundind requirement for the streetlight located on public property; seconded by Chappell and carried. Shearer asked that in his request for reevaluation..of.t.he ordinance that -staff apply a standard of fair— ness and jus,tige. REQUEST,FOR RELIEF OF Location: 2531 E. James Avenue. UNDERGROUND.UTILITI-ES JACK F:`& BETTY`J.•L,IDLE Request: Waiver of underground utili— INFORMAL HEARING ties. Planning Commission recommended denial on April 5, 1978. (Council reviewed staff report) Staff presented the Report; slides shown of location, etc. Staff recommendation and that of the Planning Commission is to deny the, applicant's request. PUBLIC HEARING OPENED Mrs. Li.dle -I am here to appeal this because I do 2530 East Cameron Avenue feel it is an undue hardship on me. • West Covina. Had the State following through on their Parcel Map none of us would be here tonight entertaining this. Staff said it is not the aesthetic value we are looking at but the safety value. I have. lived in the area for 8 years and the city was ❑ot concerned about my safety coming or going for that length of time it was atrocious during the widening of the freeway which was only supposed to last for about two years. There are some things in the letter from.Mr. Diaz that I do not understand. When I started to read about this parcel this is not development of virgin land, this is redevelopment of two existing -properties. I am in total agreement with the wiring to the residents and the overhead wiring. (Explained contents of letter she was i'n disagreement with) I was asked to take out a bond for this project prior -to breaking ground,which I did and it amounted to something like $1,000 of which I was given to understand that like,,$900 would be returned to me. If the $900 is for what this is for,'that would only be the tip of_the iceberg because of the unfortunate events that took place because the State did not go on with the Parcel Map — that cost me another $2,000 which covers the three parcels where this undergrounding and wiring will extend across. Mr. Diaz says there are only two wires .we are concerned with and that is true, but unfortunately the total area was not shown on the slide,that involves about 500' • of back hoeing. It will uproot three driveways plus replacing the driveways, the landscaping, backhoei.ng.and paying for the three standards which I was given to +1nderstand would cost $1200 and my portion would be $300 eabh. I don't know what that cost would total for replacing the driveways, the landscaping, etc.. CITY COUNCIL PUB. HEARING: WAIVER REQUEST Page Seventeen 4/24/18 (Advised she had a letter from Edison Co., copy of which was given - to the Mayor; the Mayor said he would read the letter into the re— cord) PUBLIC HEARING CLOSED. COUNCIL DISCUSSION Mayor Tice: I visited the property and the question I had was that the street light did not appear to be on her property but was a couple of feet over. The utilities have all .. been undergrounded leading to the house; it is a beautiful house. The cost to underground those wires if she were forced into that would be quite high and I don't believe .it is too practical. (Explained) I think until such time the whole area is under — grounded I can't see forcing Mrs.. Lidle to underground those particular wires at this time. (Read letter from Southern California Edison Company — requesting it be made a part of the record) "Gentlemen: This letter is not being written with any intent to disagree with the West Covina Street Lighting policy; however this particular application, it is my opinion that the City should review the merits of Mrs. Lidle's request before a decision is made because of the large amount of trenching, repaving and landscaping repair required to install these lights the cost to the customer will be -extremely high. Signed:. Keith LeFever - Customer Service. Branch." I would support a waiver in this • case; and.I still:axgue-the point that the light is on her property, Motion by Shearer that the waiver be granted;�seconded,by Miller.and carried. Councilman Shearer:, Mr. Mayor, an additional comment. I hope that staff nor the Planning Commission will take my comments as a criticism of their efforts. Based on the ordinance that the City Council .in<the,.past has given them they really had no choice in the matter Uut to make the recommendations they did. So it is not in anyway casting a reflection on staff. I would also request that this ordinance be reviewed as to its real fairness and hopefully at an early date. THE MAYOR CALLED A RECESS AT 9:4S P.M. CITY COUNCIL RECONVENED AT 9:55 P.M. ORAL COMMUNICATIONS — REOPENED Robert Meisner Asked Council consideration in 1503 W. Garvey amending or giving a special permit West Covina with regard to the truck ordinance prohibiting vehicles over 6000 lbs. • to travel on Sunset Avenue. His employer is at thecorner of Cypress. and Irwindale Avenue in Covina, and he resides in West Covina. Would like to be able to have a special permit allowing him to come straight down.Sunset to the Little Chapel Church (Commercial property) where he resides. Thus saving him over the years a lot of time and expense. — 17 — CITY COUNCIL Page Eighteen ORAL COMMUNICATIONS — Cont'd. 4/24/78 Council discussed and determined that there is a truck route he can use to get to his home although it is longer. • Councilman:7Shearer: My personal feeling, with all due respect to the young man before us this evening., I would seriously question making a change to accommodate an individual require— ment, truck routes are set fo.r the overall benefit of the community and'to change them to make it a -more direct and conven— ient route for a particular individual would defeat the whole intent and purpose of developing truck routes. I would not be in favor of changing it. Meisner explained he did not want the truck route changes, just a special permit to use Sunset Avenue to get to and from his home. Council indicated they would not be in favor of changing for that reason; Wakefield advised truck routes are adopted by the City but it is done pursuant to State Law and the City has no authority under the State Law to do anything but set the truck route; it do'esn't'have the authority to issue special permits to authorize exception to truck routes that are established. Mayor Tice: If Council is agreeable, we can ask staff to review the truck route situation and report back to us. Not only because of Mr. Mesiner's problem but because of changing conditions it probably should be looked at. (Council agreed; Mr. Fast said staff would take a look and report back) • BOARDS, COMMISSIONS, DEPARTMENTAL & OTHER MISCELLANEOUS ACTION ITEMS: None CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 6227 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ISSUANCE OF FREE PERMITS TO CHARITABLE, RELIGIOUS AND NON— PROFIT ORGANIZATIONS. Motion by Shearer to waive full reading of the ordinance; seconded by -Chappell and carried. Motion by Shearer to introduce said ordinance; seconded by Chappell and carried. ORDINANCE NO. 1375 The City Attorney presented: ADOPTED 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 by.Chappel.l to waive full read— ing of said ordinance and seconded by Shearer. Motion carried. • • • CITY COUNCIL CITY ATTORNEY AGENDA Page Nineteen 4/24/78 Motion by Shearer to adopt said ordinance; seconded by Chappell and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne SETTLEMENT OF CLAIM IN The City Attorney presented the Staff THE MATTER OF Report. BURKHART J. WOLF (Staff Report) Motion by Shearer to approve payment in favor of Burkart J. Wolf in the amount of $1,250 as recommended by the City Attorney and Risk Manager in order to conclude the settlement; seconded by Miller and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne RESOLUTION NO. 5682 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO MEETING TIMES AND PLACES OF BOARDS AND COMMISSIONS. Motion by Shearer to waive full read— ing of the resolution and adopt same; seconded by Miller. Councilman Shearer: Mr. Wakefield, does the resolution allow a polling of the Council through the City Manager's office rather than formal action at a meeting? Mr. Wakefield: No, we did not include that, but it can be included. Council asked that it be included and if it can be reworded accordingly the motion would stand. Mbtion carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne ADDITIONS TO AGENDA Mr. Wakefield: Mr. Mayor and members of Council, we have two actions that have been filed against the city. One involves an action for damages for false arrest and malicious proscu.tion rising out of an attempt by the Police Department and Fire Department to arrest a. person that was thought to be guilty of arson, th-e.charges were ultimately dismissed in the Municipal Court and also in the Superior Court. The action is entitled Allen Stewart versus the City of W st Covina and certain officers of the Police Department and Fire Department. The second action is brought by Gary R. Rona against the City of West Covina in which he contends his civil rights were violated because he was advised that he was ineligible to complete the Civil Service examination for Fireman — 19 — CITY COUNCIL CITY ATTORNEY AGENDA Page Twenty 4/24/78 inasmuch as he did not meet the City's age and height requirements. I think both actions are without merit, however we do need to provide a defense and I would • recommend that the City Attorney and Burke, Williams & Sorensen be'authorized'to represent the City in the actions. So moved by Chappell; seconded by Miller and carried. GEORGE WAKEFIELD Mayor Tice: At this time I would RESIGNATION like to say that I don't think there is any finer City Attorney in the State of California, if in the nation._' He has -.always given us good advice and kept us out of a lot. of trouble over the years. I shall miss you. Councilmen Shearer, Chappell and Miller thanked the City Attorney for his services to the City, wished him health and enjoyment in his new undertaking as City Attorney for Rancho Mirage — a few minutes from his home in Palm Springs. THE MAYOR CONVENED THE CITY COUNCIL MEETING AT 10:17 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. CITY COUNCIL RECONVENED'AT 10:19 P.M. CITY MANAGER'S AGENDA AB 603 AB 2553 AB 3546 Manager. Urban Service Areas Motor Vehicle in Lieu Fees Re Annexations Staff report presented by the City Mayor Tice: I would like to mention one other item that came to my attention this evening in the legislative bulletin of the League of California Cities in the area of labor relations shops — AB2744. "As expected this week the Assembly Committee on public employees and retirement passed legislation which would authorize the negotiation of agency shop agreements in California cities, counties and districts. The League opposed this measure but the bill was passed by a 5 to 1 vote." It might behoove us to send in letters to our Assemblymen again on this issue. Mr. Fast advised the Council has taken a position and Council policy is once you have acted on a matter Staff is instructed to continue to make such recitals and communications as necessary to continue to show what the Council's positions are. Mayor Tice: Also, another one coming up for hearing on April 25th on Compulsory • and Binding Arbitration — AB 9, it will be interesting to see what comes out. of Committee on that. Motion by Shearer to oppose AB 35460 support AB 2553 and AB 603 and authorize the Mayor to correspond with the appropriate legislators; seconded by Chappell and carried. — 20 — CITY COUNCIL CITY MANAGER'S AGENDA PROCLAMATION OF - TERMINATION OF LOCAL EMERGENCY HELD 1OVER� Page Twenty—one 4/24/78 Staff Report presented by the City Manager recommending that City Council approve the Proclamation Of Termination of Local Emergency. Council discussed and favored continuing for another two weeks. Motion by Chappell that this be continued for another two weeks; seconded by Miller and carried. MAYOR'S REPORTS PROCLAMATIONS Hearing no opposition by Council the Mayor proclaimed "Respect for Law Week" — May 1/7, 1978. "West Covina Beautiful Month " May — 1978 (Proclaimed earlier in the meeting. COUNCILMEN'S REPORTS/COMMENTS Councilman Chappell: One bit of information. The League has been meeting in the Roger Young Auditorium for many years. They notified us that the next meeting will be the last one we will hold there. Mayor Tice: One item. I had the opportunity • to attend the long range planning seminar with the West Covina Chamber of Commerce along with Mr. Eliot and Mr. Fast. It was a very informative meeting; many of the items they suggested a year ago have been implemented by this Committee. I was very pleased with the plans the Committee has. APPROVAL OF DEMANDS AYES: NOES: ABSENT: EXECUTIVE SESSION Motion by Chappell to approve Demands totalling $7044,914.02 as listed on U.C.B. No. 67311 through 67569; seconded by Shearer and carried on roll call vote: Miller, Shearer, Chappell, Tice None Browne Council recessed at 10:28 P.M, for an Executive Session. City Council reconvened at 10:57 P.M. Mayor.Tice; Read the official letter of resigna— tion of George Wakefield effective April 30, 1978. • Motion by Shearer that the City Council reluctantly accept the resignation of George Wakefield; seconded by Miller and carried.. Mr. Fast: Mr. Mayor and Council, I have made a recommendation to you that between this current period and June 30, 19789 you appoint Colin Lennard of the firm of Burke, Williams & Sorensen — 21 — CITY COUNCIL Page Twenty-two EXECUTIVE SESSION ITEMS 4/24/78 as City Attorney for the City of West Covina.. The particulars of that appointment are contained in the Staff Report which is embodied in a Resolution. RESOLUTION NO 5683 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING COLIN LENNARD AS CITY ATTORNEY FOR THE CITY OF WEST COVINA. Motion by Shearer to waive full reading of said resolution and adopt same; seconded by Miller and carried on roll call vote: AYES: Miller, Shearer, Chappell, Tice NOES: None ABSENT: Browne ADJOURNMENT Motion by Shearer to adjourn meeting at 11P.M.,-seconded by Miller and carried. • ATTEST: City Attorney 0 APPROVED: MAYOR - 22 -