04-26-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST_COVINA, CALIFORNIA
APRIL 26, 1971.
The regular meeting of the City Council was called to order at
7:33 P.M., by Mayor Ken Chappell in the West Covina Council
Chambers. The Pledge of Allegiance was led by
Councilman Chester Shearer. The invocation ::was g'ivan- by.::the._ .
Reverend Robert F. Condon of the Queen of the Valley Hospital.
ROLL CALL
Present: Mayor Chappell® Councilmen Shearer, Nichols,
Young, Lloyd
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
H. R. Fast, Ass't. City Manager
George Zimmerman, City Engineer
Richard Munsell, Planning Director
Bert Yamasaki, Ass't. Planning Director
John Lippett, Ass't. City Engineer
Ross Nammar, Administrative Assistant
Terry Brandt, Administrative Analyst
APPROVAL OF MINUTES
April 12, 1971 Motion by Councilman Lloyd, seconded by
Councilman Young and carried, to.a.pprove
minutes as submitted.
PRESENTATION AWARDS
Mayor Chappell: This evening we have two presentations to
be made. Resolution No. 4280 is commending
Robert S. Gingrich for his 13 years of
service to the City of West Covina. (Read Resolution in full and
presented same to Mrs. Gingrich.)
The second presentation is to Doc Sooter,
one of our Commissioners on the Recreation & Parks Commission,
who in his endeavors as a high school basketball coach won -his
500th game. This is outstanding and the City Council passed a
Resolution of Commendation in his honor. Actually the Resolution
was read at a dinner in his honor but we now have it perma plaqued
and we would like to read it again to the audience so' they can
salute you along with the City Council. (Read. Resolution in full
and presented same to Doc Sooter..)
REORGANIZATION OF CITY COUNCIL
ELECTION OF MAYOR (Mayor Chappell turned the gavel over to the
City Clerk.)
Lela Preston: I now declare nominations open for the purpose
City Clerk of electing a Mayor.
Councilman Young: Madam City Clerk, I have been a member of this
Council for a year and during this time I
have been pleased personally with the work of
this Council, working together as a unit. We have had some 3 to 2
votes and some 4 to 1 votes and this is inevitable and we will
continue to have such as these, but I do feel that this Council
under the leadership it has had has been appropriately considerate
of the public and of the city staff and certainly at least one,
and probably two, freshmen Councilmen. And because of the leadership
we have had I would like -to nominate Ken Chappell to continue as
Mayor of this City.
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CITY COUNCIL 4/26/71
ELECTION OF MAYOR
Lela Preston:
City Clerk
Page Two
Seconded by Councilman Lloyd.
Are there any other nominations?
Motion by Councilman Nichols to.,close the nominations and seconded
by Councilman Shearer.
Lela Preston:
City Clerk
The nominations are closed. You gentlemen
may either ballot secretly or by acclamation.
Motion by Councilman Shearer that Councilman Chappell be elected by
acclamation. Seconded by Councilman Young.;
Councilman Lloyd: Madam City Clerk, I would like to say that
in the spirit of cooperation and spirit of
unanimity and keeping our City moving forward
that it is an excellent idea and in the best interests of the
Council to have unanimity on this Council and everyone should be
in concurrence and I have no intention of breaking that, but one
of the things I would like to ask and that I feel T as. -,been lacking
in Ken°s leadership. I would like to hear of some of the programs
that are proposed for the next year by the Mayor. I realize tbare
are differences of opinion, etc., but I think that he- should- at
least make some sort of statement in this area.
AYES:
NOES:
ABSENT:
ABSTAIN:
Motion carried on roll call vote as follows:
Councilmen Shearer, Nichols, Young, Lloyd
None
None
Councilman
---L61a P.Yeston:
City Clerk
Chappell
Councilman Chappell has been declared Mayor by
acclamation. I will now turn the meeting over
to you, Mr. Mayor.
ELECTION OF Mayor Chappell: I want to thank my fellow
MAYOR PRO TEM Councilmen for allowing me
the second year of my
Mayorship and I feel Councilman Lloyd has every right to ask what my
plans are for the City. I think the first and,most important issue
at the present time is the continued raising of funds for the .
activities that go on in our City. I think it behooves the City
Council, and I have, last year as well as this year, spent a great
deal of my time and efforts in helping the City in promoting its
strength in the commercial areas where our sales tax dollars
come from. I feel this City Council in the not too far distant
future will be ready to make some announcements of the progress that
has been going on and I think we will see some outstanding
developments come into our City in the next year, thereby enabling
the Council to move on with their programs. I could come out and
say we are doing some far-reaching things - I would like to see us
have an auditorium, but I haven't seen the citizenry come forth
with any indication when the information has been put out to them
in a positive manner, so without funds this is something perhaps
we may not be able to achieve this year, but I still have that as
a goal in mind. We have a tremendous amount of housekeeping
tasks to continue on with in the City such as road repairs, etc.
These things must be continued. At this time I would say'. basically)
that we will make such an announcement that we will have strength
in our community and our business community itself will go forward
in a positive manner and not in some isolated locations that the
citizenry will not accept. So with that, unless any of my fellow
Councilmen have any questions of me, I think that will be enough
said on the subject at this time.
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CITY COUNCIL 4/26/71
ELECTION OF MAYOR PRO T14M
Page Three
Councilman Young: Mr. Mayor, I have a comment, if I may. I
think the type city we are - a general law
city - the Mayor is selected from the
group of us and not on the basis of any specific recommendations
at the given moment, and I feel that each Councilman is free at
anytime. and I have felt free since I have been on Council, to
offer suggestions at anytime where I felt suggestions should -be
made and this is one of the factors I enjoyed about being on this
Council. I feel, although not the Mayor, I have almost as much
voice as the Mayor and I believe that is true of every Councilman
sitting here.
Mayor Chappell: I think that is a good pointy Councilman Young)
and sometimes overlooked. The Mayor has one
vote just like the rest of the Councilmen.
He presides at the meeting and any Councilman at anytime -!-who has
any ideas that will improve our community or help the development
of the community, is obligated to come forth and make this
information known. And I think we have been doing that I don't
think any Councilman has hidden in his back pocket some secret
for making our community go forward and waiting for the opportunity
to be the presiding Councilman to make his presentation. I think
this is one of the reasons why we have done quite well this past
year without too much involvement or conflict.
I would now ask for nominations for the
office of Mayor Pro Tem.
Councilman Shearer: Mr. Mayor, I submit the.name of Robert Young
for reelection as Mayor Pro Tem.
Councilman Lloyd: Seconded.
Motion by Councilman Shearer, seconded by Mayor Chappell to.._.e-Lose.
the nominations for Mayor Pro Tem. Motion carried.
Motion by Councilman Shearer that the election of Robert Young
be by acclamation. Seconded by Councilman Lloyd. Motion carried
on roll call vote as follows:
AYES: Counc l•men Shearer, Nichols, Lloyd. Cha_pperl '..
NOES: None
ABSENT: None
ABSTAIN: Councilman Young
AWARD OF BIDS
PROJECT NO. MP-125-7013 Bids received in the Office of the City
SOMBRA AT MUNICIPAL POOL Clerk at 10:00 A.M. on Wednesday,
April 7, 1971. (Held over from
April 12, 1971.)
Mr. Aiassa: Mr. Mayor, you do have a report from the
Controller on this item and a report from
the Assistant Director of Recreation & Parks.
I was wondering if Council would have any objections to carrying
this over to the May loth meeting. We are now reconciling all
our funds and we may have to hold this over to a future time.
Councilman Young: What is the issue that is involved?
Mr. Aiassa: The issue is whether we put ina Sombra
and remove a Police Officer.
Councilman Young: I move that we carry the item over to our
meeting of May loth.
Seconded by Councilman Shearer.
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CITY COUNCIL 4/26./71 Page Four
AWARD OF BIDS: No. 125-7013 - Sombra
Councilman Shearer: A question, Mr. Mayor. What provisions do
we have in our ordinances on the obligation
of the low bidder to accept the award on
such a lapse of time?
Mr. Wakefield: Councilman Shearer, as is customary in most
City Attorney City Projects, there is no time specified
within which period the bid will be accepted
by the City. Under the circumstances the
rule of reasonableness would apply and if the Council elects to
accept the bid within a reasonable time after the bid has been sub-
mitted the contractor would be obligated to perform the work.
In this particular instance I think 30 days it not an unreasonable
time.
PUBLIC WORKS ITEMS
Motion carried :t.o:.hold over to May loth, 1971.
PROJECTS NOS. SP-69008 LOCATION: Vine Avenue between Citrus
AND SP-70017 and Hollenbeck Streets (SP-69008)
AMAN BROS. INC. and Hollenbeck Street from 160 ft.
north of Thackery Street to 542 ft.
north of Thackery Street (SP-70017). (Held over from April 12, 1971)
(Council reviewed the Engineer's report.)
Councilman Nichols: Mr. Mayor, I had raised the concern about this
item and I had only minor concern about it. I
believe the report answers to my dissatisfaction,
so I would move that City Council accept and file the Engineer's
report- and)further, accept street improvements and authorize release
of United States Fidelity and Guarantee Company bond No. 40-0120-145-
71 in the amount of $63,583.02, subject to Notice of Completion
procedure.
Seconded by Councilman Shearer and carried on
roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.ppel.l
NOES: None
ABSENT: None
PRECISE PLAN NO. 13, LOCATION: Glendora and Vine Avenues.
REV. 4 (Council reviewed staff report.)
VONS PROPERTY CO.
Mayor Chappell: I have a question
of staff.
Mr. Munsell, in the past at one time or another when we released
bond money and then for some reason or other where the work was
not done we were kind of put behind the wall, so to speak - is it
your opinion that this wall will never be needed?
Mr. Munsell: That is correct. As the staff report states
Gilmore Street will not be constructed and
therefore the wall construction is not needed.
Motion by Councilman Shearer and seconded by Councilman Young: to
accept.. staff report and authorize. the release of United Pacific
Insurance Company bond No. 413076 in the amount of $1,000 for con-
struction of a decorative block wall for Precise Plan 13, Rev. 4.
Motion carried.
Councilman Shearer: Mr. Mayor, a question, while on the -subject
of the shopping center. Sometime ago I
received a letter of complaint regarding
parking problems, I was wondering when we might hear regarding this?
Mr. Aiassa: I believe on the loth of May.
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CITY COUNCIL 4/26/71
-PUB. WKS.• Cont°d.
Page Five
PROJECT NO. SP-70007 LOCATION: Lark Ellen Avenue between
LARK ELLEN AVENUE (1911 ACT, the southerly constructed terminus
SHORT FORM & PRIVATE PARTI- and Amar Road.
CIPATION) (Council reviewed Engineer's report.)
Motion by Councilman Nichols that Council accept and file the
Engineer's report; authorize the Mayor and City Clerk to execute
corporate agreement with Donald L. Bren Company.yand also authorize:
the Mayor and City Clerk to execute corporate agreement with
Umark, Inc. Seconded by Councilman Young.
Councilman Shearer: Is Lark Ellen on the select system so it is
eligible for gas'. tax funds?
Mr. Zimmerman: Yes, Lark Ellen is on a select system by
City Engineer virtue of its having been a street on the
County Master Plan of Highways, all of which
are on the select system.
Councilman Shearer: Is $30,000+ available to finance the City°s
portion or will it be available at such
time as the development on either end is
made?
Mr. Zimmerman: The $30,000 has not been budgeted and as
mentioned in the report we would recommend a
transfer of budget money from other funds
at time of award of the contract, at least enough to cover this
expenditure.
Motion carried.
RESOLUTION NO. 4346 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, DIRECTING THE STREET
SUPERINTENDENT TO TAKE CERTAIN ACTION WITH RESPECT TO THE
CONSTRUCTION OF STREET IMPROVEMENTS AND APPURTENANT ITEMS, PURSUANT
TO SECTIONS 5870 ET SEQ. OF THE STREETS AND HIGHWAY CODE OF THE
STATE OF CALIFORNIA ON LARK ELLEN AVENUE FROM AMAR ROAD TO A POINT
APPROXIMATELY 774 PEET NORTHERLY."
Mayor Chappell: Hearing no objections waive further reading
of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Nichols, to;a:d.opt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Ch_appell.
NOES: None
ABSENT: None
Motion by Councilman Nichols, seconded by Councilman Young and
carried, to :a.pprbve the plans and specifications for Project
SP 70007 and authorize.;:-e- -the City Engineer to advertise for bids.
0 PUBLIC HEARINGS
VARIANCE APPLICATION LOCATION: 298 North Azusa Avenue
NO. 659 REQUEST: Approval of a variance to allow
Murlin D. Gill pennants for an auto dealership in the S-C
Majestic Chrysler- (Service Commercial) zone. Denied by
Plymouth Inc. Planning Commission Resolution No. 2325.
Appealed by applicant on March 10, 1971.
Held over from April 12, 1971.
Mr. Munsell, Planning Director, summarized Planning Commission
Resolution No. 2325 denying Variance Application #659 requesting
the use of pennants and banners for auto dealers.
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CITY COUNCIL 4/26/71
HEARINGS: VAR. #659
Page Six
THIS IS THE TIME AND PLACE FOR.THE PUBLIC HEARING ON VARIANCE NO.
659.
IN FAVOR
Anton Kerckhoff I am appearing for Majestic Chrysler -Plymouth.
Attorney at Law The Variance that is before you is for the
140 W. College use of pennants in an automobile agency.
Covina There are generally four requirements for a
Variance which,,I believe the proponent must
demonstrate to the Council as being present° We must show that
there are exceptional and extraordinary situations which are not
applicable generally to the other properties or class of uses in
the same vicinity and zone. The automobile merchandising business
involves a large product and large inventories, which makes it
impractical if not impossible to merchandise the products within a
building. Therefore, the dealer is forced to display his merchandise
out of doors. Also this is what the public expects when looking for
a car. In this respect I suggest that the business in question here
is different from the general merchandising done in the area, most
of which is done inside under roofs. Such as a furniture store or a
discount store, and there you will find the pennants and flags
to merchandise to display it.
Also, I think, when we speak of other property
or class of use in same vicinity or zone that when it comes to dealing
with an automobile business of which there are few in a given area,
we should consider not only the immediate area in which it is located
but the general trade area. If we are going to do that,we must then
consider that Majestic Chrysler -Plymouth is competing not only with
the other automobile dealers in the.City of West Covina but with
dealers in Covina, LaPuente, Glendora and so forth. The use of
pennants is a method of merchandising, of displaying what the
automobile dealer has for sale. It attracts the people to the
dealership. When a person is shopping for a new car, generally speak-
ing,,he knows what kind he is going to buy and then he goes to the
dealer, but when shopping for a used car he knows that there are many
dealers selling many different makes of cars and they are going to
stock many different brands of used cars,, So when driving down the
street and thinking in the terms of a used car he is going to be
attracted to what he sees when passing the agency.
Let's look at the statistics on sales tax. I.
think it is interesting to note that Williams Olds in West Covina
has a breakdown of approximately 45% from new vehicles, approximate-
ly 35% from used vehicles and parts and service account for the
balance. Majestic - the applicant here- finds that 50% of its sales
tax evolves from the sale of new cars, 48% from used cars and the
balance of 2% from its parts and services. Reynolds -Buick finds
50% of its sales tax is from new cars, 35 to 40% used cars, and parts
and services accounts for the balance. Crestview Cadillac,
interestingly enough which has no banners or pennants finds 65%
of its sales tax is derived from new cars, 25% from used cars and
the balance from parts and services.
One of the comparisons that we are able to
bring before the Council is the City of Beverly Hills, which
'01 several years ago outlawed the use of pennants, etc., with respect
to the sale of automobiles. Estes-Volkswagon in $everly Hills found
that after the ordinance went into effect prohibiting pennants, etc.,
the used car business virtually ceased to exist. Beverly -Lincoln
Mercury found because of the ordinance it lost 50/ of its used car
sales. It dropped from an average of 75 units per month to 35 per
month. The average price of a used vehicle was $1500. Now the
impact on the sales tax, assuming 5%, on a monthly basis would be a
difference of $5,625 as opposed to $2625- or a net loss in sales
tax of $3,000. Annually this works out to a difference of $36,000
assuming an average of 75 units a month there was a $67,500 sales tax
previously as opposed to $31,500. So you can see we are dealing with
6
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CITY COUNCIL 4/26/71 Page Seven
HEARINGS• #659
a very real problem for the people in the automobile business.
This is a very large item as far as the Cities are concerned.
Your share of the sales -tax is quite large and the impact of such
a decrease in used car sales will be felt by the City. Your
Mayor indicates he wants the City to move forward and the only
way to really move forward is with money and if you are going to
Is shorten the money supply than you have to get it some place else,
perhaps a sales tax on services, which has been suggested now and
then.
The second condition which must be met is
that the Variance must be necessary for the preservation of a
substantial property right possessed by property in the same
vicinity and zone. What we are talking about/I think is the right
of Majestic .Chrysler -Plymouth to stay in business as an automobile
operation. As I am sure the Council is well aware, the automobile
agency must maintain a high volume because it is a very low margin
operation. A good used car operation is essential for the economic
life of the automobile agency.
The third factor is that we must show that
the granting of the Variance will not be detrimental to the public
welfare or injurious to the property or improvements in the
vicinity. I think the facility speaks for itself. The automobile
agencies with banners certainly is no more detrimental to the
public welfare or injurious to property or improvements in the
vicini-ty:.with or without banners.
The last item is the granting of the
Variance will not adversely affect the comprehensive General Plan.
Obviously the lroperty is zoned to permit an automobile agency
you will not be changing anything. All you are going to do is
permit the dealer to essentially put a cover over his used car
inventory, which he hopes to sell to the public and realize some
sales tax incidentally while trying to make a living for himself.
Any questions? Thank you.
Mayor Chappell: We may call you back after the public hearing
is closed, Mr. Kerckhoff.
THERE BEING NO FURTHER PUBLIC TESTIMONY, FOR OR AGAINST, PUBLIC
HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Lloyd: I think I have already made all my remarks
and I would reiterate and only say that I am
favorably disposed and that it is time for
good consideration on the part of this Council of the economic
factors that face this City. Unfortunately we don't have industry
or a lot of other things and we have been very fortunate to have
some very aggressive and strongly business -oriented automobile
agencies that have certainly brought in a goodly share of the tax
dollars that come here and that this is one of the criteria, and if
it was the only one I would be favorably disposed but I think there
are others,.for their asking for this Variance. I think we should
go forward and I urge an "aye" vote.
10 Councilman Young: I would like to second the remarks of
Mr. Lloyd and say I appreciate Mr. Kerckhoff°s
presentation because I think he has pointed
out a consideration that we did not discuss previously, particularly
the importance of the used car aspect in this business. I think in
allowing this Variance I hope we are not doing severe injustice to
the Planning Commission which is recommending a strict enforcement
of the Sign Ordinance within the City, but..I feel we are dealing
with an economic merchandising area here and I think the pennants
in a permanent type situation will be far more attractive than those
draped from aerials at the present time and which probably are not
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CITY COUNCIL 4/26/71
HEARINGS: #659
Page Eight
illegal or come within any scope of the Sign Ordinance. I am
prepared to support this Variance request.
Councilman Nichols: My original inclination was to oppose this
request for a Variance. I don't think
0there is very much question but that all of
us on the Council recognize the granting of -a.. Variance of this
type effectively clouds the entire Sign Ordinance as it applies
to banners and pennants. I am still of the opinion that the grant-
ing of the Variance is not the appropriate vehicle for granting
the request of the automobile agency for the use of pennants, etc.
But as is occasionally the case I think there are some factors
that intervene and I don't like to mickey mouse these things and I
would like it to be made very clear that it is my understanding
that there are other agencies that do have a desire to do business
in the City of West Covina and the excessively restrictive nature
of our Sign Ordinance.)as far as the banners and pennants are con-
cerned, may prejudice those opportunities in the City. In
recognition of the fact that the City desperately needs increased
sales tax revenue I am going to vote to support this application
for a Variance, really against my better judgment as a matter of
principle. I would hope, however, that as a result of the vote
tonight that City Staff) Mr. Aiassa will give some very serious
consideration to bringing this enti;;-e' matter back before the
Planning Commission and the City Council so we will not be faced
repeatedly with this request to vary our Sign Ordinance to meet the
needs of these various groups. If in fact, and I suspect it is
true, that this Ordinance as it exists is excessively restrictive,
then I think it is time our staff took the initiative in recommend-
ing to the Planning Commission and the Council such amendments
that are possible to allow the community and the City to live
with the Sign Ordinance. So based upon that/.I will support this
application. I would hope that we would not have further applica-
tions and that the Ordinance itself will be modified to meet these
needs if in fact they are legitimate needs as proposed here tonight.
Councilman Shearer: Mr. Mayor, you already have three votes so I
won't say too much. As I said last time I
personally don't feel the banners will
attract business but on the advice of Mr. Lloyd who is in the
business personally and he says they do, in that case I would agree
they do. I would point out to the Council that the next item on
the agenda, if it is passed, is probably going to result in two or
three more applications for Variances, because it is to rezone
property that is now with banners, pennants, etc., to S-C which
does not allow banners, etc., for Reynolds -Buick, Williams Olds
and Narducci. So if the Ordinance is not changedl we will have a
request by three other car dealers.
Mayor Chappell: I would like to make some suggestions that
perhaps we could get around this Variance.
We all seem to be in the same thinking that
the Planning Commission study this and bring it back to us. So
I would suggest some type of temporary Variance or holding off of
citing anyone for having banners until we can review the whole
Ordinance with regard to new and used car dealerships, without
• going through a lot of paperwork now and then redoing again.
We seem to be in favor of rewriting the Ordinance and we may
want to stipulate in there that banners must be kept in certain
presentable condition and we may want a bond posted so if they
do not keep the banners and flags in presentable order it -can
be enforced. This is just a thought in my mind that we should
just hold the abeyance of citing anyone in violati(n as far as
car dealers go and study it. Are'. -there any questions or dis-
cussion along those lines?
Councilman Young: Yes/ Mr. Mayor, as much as I hate to take
issue with you. The law right now pro-
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CITY COUNCIL 4/26/71 Page Nine
HEARINGS: #659 VARa
hibits theuse of banners at this location and now we are
saying let's hold it in abeyance. I am opposed to that. I
say let's grant it and then go ahead and look at it, but not put
our local enforcement agent in the position of saying - we won't
enforce it. These people have come forward with a presentation
that is persuasive, so let's give them what they have asked for.
I reluctantly disagree with the Mayor's philosophical position
on the point, reluctantly.
Councilman Shearer: I move that Variance No. 659 be approved
subject to conditions stated in the staff
report dated March 3, having to do with
the maximum number of flags, flags not allowed to become ragged
and the -time:-limit on the flags.
Councilman Lloyd: I will second the motion, but I would like
the conditions read.
(Conditions read, discussion by Councilman Lloyd and Mr. Munsell
pertaining to the intent of each condition.)
Councilman Lloyd: Mr. Kerckhoff� did you hear the conditions
about the 23 flags and no more than one
string of pennants, etc. Did you see Study
Plan A?
Mr. Kerckhoff: I did not, but Mr. Gill of Majestic Chrysler -
Plymouth is here and perhaps he can answer
your question.
Councilman Lloyd: In your capacity you represent all of the
automobile dealers?
Mr. Kerckhoff: No. When you consider the next item that
is when I will put that hat on.
Councilman Lloyd: Mr. Gill, did you study Plan A and you have
no objections?
Mr. Gill: Yes, I drew it up and I am happy with it.
Motion carried.
ZONE CHANGE NO. 452 LOCATION: East and west of Citrus .St./Ave.,
CITY INITIATED north of the San Bernardino Freeway; east of
Citrus Street south of San Bernardino Fteewa.y.
REQUEST: Approval of a change of zone from
C-2 (General Commercial) to S-C (Service Commercial) and R-C
(Regional Commercial) for five parcels. Recommended by Planning
Commission Resolution No. 2329.
Mr. Munsell, Planning Director, summarized Planning Commission
Resolution No. 2329; a map displayed of the various areas.
Mr. Munsell: The whole.approach here is to respond to a
directive from City Council to update the
zoning code and initiate the,.zoning on all the parcels. This
change was initiated by the Planning Commission due to the
Variance request just granted. One of the concerns of staff was
that there were other car dealers that did have flags and
pennants and banners and that until such time as they were
appropriately zone changed a short time limit might be appropriate
before adjusting. The Commission in its wisdom determined since
this was the justification for the Variance that the logical
solution would be to proceed with the action of the zone changes.
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CITY COUNCIL 4/2b/71
HEARINGS: ZONE... CHPE2NO . 452
Page Ten
In the interim the staff in its analysis determined since the
zone changes would be required pretty much in the same area.
that Eastland Shopping.Center� the Regional Shopping area)
should be initiated at the same time. Discussions ensued with
the May Company people to determine whether they would be in
favor of such a zone change and the indications are that they
would see no objections to a zone change and have indicated they
would find it not to be a problem.
(Further slides shown and explained as to the various areas,
location of auto dealerships, zones proposed, etc.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE
NO. 452, CITY INITIATED.
IN FAVOR
Thomas Junkett I just have a question - what does S-C
2433 East Mardina and R-C mean? What does Regional
West Covina Commercial comprise of and what does
Service Commercial. I don't know if I am
opposed or not until I find out which is which. I am a resident
bordering this area.
(Mr. Munsell explained the purpose of regional commercial and what
uses went in the area; also service -commercial.)
Mr. Junkett: In other words there will be -no change in
the buildings that are there now. They can't
go up 20 stories high?
Mr. Munsell: For all practical purposes there are no
changes generally made in a.developed area.
Should any of the properties in these new
zones require any major construction or significant remodeling
it*.would change the building configuration, and there are signifi-
cant development standards in each of the zones which would apply.
This/however would have applied whether they had been in the
old C-2 zone or in the new S-C or R-C zones. There are a series of
uses permitted, defined a little more clearly and in greater detail
in the new zones) and the development standards are more specific
whereas in the older zones all the development standards would have
still been required but perhaps in slightly lesser detail or amount,
such as the amount of landscaping or the ratio of parking to floor
space. The older zones we have attempted to modify them over the
years by using the precise plan requirements. Substantially
because these properties are developed) there should not be signifi-
cant change.
Mr. Junkett: Thank you.
IN OPPOSITION
Anton Kerckhoff I represent/tonight specifically Reynolds -
Attorney at Law Buick, Williams Olds,Narducci Lincoln-
140 W. College Mercury and .Majestic Chrysler -Plymouth
Covina dealers. I have an additional hat as
secretary of the Covina -West Covina Car '
Dealers Association comprised of all the dealers in the area.
The problem the dealers are presented with in this Ordinance
bears on three facets. Reynolds -Buick wrote a letter to the
Planning Commission at its meeting when the staff reported the
.zoning ordinance to the Commission and the Commission recommended
its,. approval to the Council. I i4ould_:.like to briefly excerpt from
that letter.to state, first of all) the new zone appears to be more
restrictive than the present C-2 zoning has been. In the first
place the landscaping requirements of the new zoning ordinance
would call for a minimum of 81 of the total area to be landscaped,
permanently watered and maintained. The experience of other
automobile agencies has been that this does not give them sufficient
CITY COUNCIL 4/26/71 Page Eleven
HEARINGS• ZC #452
utilization of their property and due to the large area required
for an auto dealership these requirements have generally resulted
in the dealer being required to maintain several, small non-
contiguous areas, which generally wind up catching a great deal of
paper and refuse thrown away by the general public. There is no
' real objection to some landscaping being required but it seems to
4W the dealers, those that I represent tonight, that the operator of
the business should be required to have some minimum landscaping in
the areas abutting the sidewalk and adjacent streets, which will
not interfere with his business.
The matter of signs is perhaps the most
bothersome to the dealers. They are very restrictive with respect
to an automobile agency which finds it necessary to erect fairly
large signs to show what products it does in fact have. This is of
particular interest to the automobile manufacturer and as you
perhaps know, the automobile dealer is really at the Mercy of the
manufacturer. Sub -section 13 of that portion of the ordinance
dealing with the signs is of particular importance to the dealer.
At the present time with the C-2 zoning the dealers are permitted
the use of banners for a period of time upon paying a $6.00 fee
for their permit and a $25.00 deposit which insures that the City
will be able to take the banners down. This is the purpose of the
$25.00 deposit. I have previously discussed the necessity from
the dealers/point of view for the banners, as a method of
merchandising and competing with the rest of the dealers in the
automobile industry. I think that it should be clear to the
Council that the sales tax is critical to the life of the City,
to its progress, and that the used car industry is critical to the
sales tax.
In the case of Reynolds -Buick, Williams
Olds, Narducci Lincoln-Mercury - it is particularly important that
they have pennants in their outdoor automobile display areas due
to their proximity to the City of Covina. Bryant Pontiac,
Clippenger, Toyota, Russ Davis Ford, etc., are all permitted
profuse use of banners. And believe it or not', Mr. Shearer,
this is an important facet of the dealerb,business. It is an
important method of merchandising.
One of the other problems which presents
itself is that of walls. The Ordinance will require a 36" high
wall on the outside perimeter. Again we come to the same
argument concerning the display of merchandise. The -Beverly Hills
ordinance has required walls, extensive planting, etc., and the
automobile dealers in the Beverly Hills area are no longer in the
used car business; they are wholesaling their products. I might
note that in one respect it is important that the dealer be
permitted to merchandise his used cars well, because this helps
to uphold the value of the used cars. If the dealer is not
permitted or is inhibited in the sale of used cars he is going to
start wholesaling these automobiles out more and tore. The dealer
will take most automobiles that are clean and attractive and put
them on his record and try and make money on them himself.
\ Generally speaking he will be able to give at least from $100 to
$200 off on the average car to the person coming in and
buying a new car from him. This in turn helps the general public.
Although I, am sure the dealer is nevertheless a merchandiser,
however this does help the public. It helps the dealer in his
new car sales. People do shop for new cars. Once they select
their automobile then they go and shop dealers on price. So
$25.00 can make or break a sale. No question about it.
I suggest that the Council should draw the
safeguards into the Ordinance or at least draft a policy statement
into the Ordinance itself. I think this letter from Reynolds -
Buick was considered by the Planning Commission and in going over
mom
CITY COUNCIL 4/26/71 Page Twelve
HEARINGS: , ZC 4452
their minutes I note that the Commissioners felt the matters of the
automobile agencies could be taken care of by application for a
zone variance, which is just what you are trying to get away from
here. Maybe you can have them ask for a Variance when it comes to
landscaping and walls but you are costing the dealer a lot of money
and you are taking up a lot of valuable time of the Council and, in
the long run slowing things down. As far as the banners are con-
cerned,I suggest you can provide for them in the same way you do
in your C-2 zoning ordinance. It has become over a period of years
a matter of right for any auto dealer to come in and pay his $6.00
as long as he has his $25.00 deposit up and got his permit for the
banners for the period of time allowed. I think that you can draft
that same thing in this ordinance. I suggest it is most important
for.the Council to protect its businesses to insure a healthy
commercial life in the community to help support it. For example,
Reynolds -Buick has produced in the past 7 years, since located in
West Covina, a total sales tax of $1,311,000. $282,000 has gone to
the City of West Covina. I don't think it would be wise to kill the
goose that lays the golden egg. I think you must encourage your
businesses. I think the only real objection to banners is that it
is "eye pollution" as somebody called it. I don't really - and again,
this is a personalevaluation - but I haven't heard of any complaints
from the citizenry concerning banners on automobile agencies. I
have heard of many complaints of the unsightly appearance of the
apartment development at Barranca and the freeway. I think you must
take into consideration the problem that the West Covina -located
automobile dealers have with the Covina dealers. They sell different
brands of automobiles but they all sell the same kind of used cars.
The effect of depressed used car sales on the net price of the
automobile I think you should consider. You should also consider the
fact that pennants show cars, the merchandise which is for sale.
Outdoor displaying has come to be what the general public expects.
If the banners were ugly then they would detract from the dealerls/
business and when they do that I think you will find that the dealer
will get rid of them because l?e is in business to make money and
he is working on a much smaller percentage than any of us would
consider working on and he has to make the greatest utilization of
that which he has. Thank you.
THERE BEING NO FURTHER PUBLIC TESTIMONY, FOR OR AGAINST, PUBLIC
HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Shearer: Mr. Mayor, I think with the Council_ dis-
cussion on the previous hearing the
question of banners will probably eventually
be resolved. We have all indicated a willingness to grant a
Variance and requested that the Ordinance be looked into in that
regard. Mr. Kerckhoff raised two other points. One. in regard to
landscaping and it is my understanding that the present C-2 zone
is just as restrictive with regard to landscaping as under this
zone. 11 If the owner wanted to make substantial remodeling in his
lot thon he would have to come in with a new plan and under either
zoning then as close to the 8/ as practical would be required.
So I don't see any difference in one from the other.
• The requirement of a 36" high wall, the
Planning Director has indicated while this is a part of the S-C
zone recently we granted an exception to the Datsun Agency because
of the need to display directly from the street, the vehicles. So
I don't think this would be a problem. Again, if'we were to grant
this zone change it does not mean that tomorrow the requirement would
be that the dealers go out and build a wall. These requirements
would only come in if and when a substantial modification was
desired and at that time that would be included in his application
for a Variance for the wall, etc. I feel the questions have been
answered, particularly in regard to the banners and the other two
are minor and that we should go along with the staff recommendations.
- 12 -
CITY COUNCIL 4/26/71
HEARINGS• ZC #452
Page Thirteen
Councilman Nichols: Mr. Mayor, I feel a little differently about
it. I think there is a clear indication
that the zone change as recommended is not
at all satisfactory to a number of the businesses that would be most
vitally affected by it. I think to adopt the zone change would
result merely in additional future tinkering to finally achieve an
ultimate structure that would be acceptable to all people involved.
I think that because this is a city -initiated zone change there is
no compulsion on the Council to act on it. I.think it is going to
need considerable modification and one that will ultimately have to
be reviewed again by staff "and again by the Planning Commission
and then Council. Nq• one has paid a fee or is being denied due
process and I think the most appropriate response by this Council,
particularly in light of the variance request that was acted upon by
this Council earlier, would be to deny the zone change,pending such
time as staff has reviewed these matters in greater detail and
achieved a higher degree of unanimity and purpose in making
recommendations to the Council.
Councilman Lloyd: I concur with the remarks just made. I
think that something that ought to be
said and this is my philosophy - No. 1:
I happen to agree with the zone changejalthough I am prepared to
vote against it so we can go back and restructure it. These zone
changes brought forward - the S-C, N-C, the freeway comme.rcial,':etc.,
that have been handled by staff -have really given this City a
tremendous amount of protection which is'not available to other
cities as a result of the lack of -stfong. planning policies which have
been initiated by our city staff, and I think they should be commended
for it. I want my stand very thoroughly understood, that I happen to
favor the continued progression of the change -over from zoning from
the old zoning numbers of C-1, C-2 over to the S-C, N-C configurations;.
I am very favorably inclined at the present moment to pay close
attention and scrutiny to the automobile dealers because they do
indeed provide a very sizable tax base to this City and,as a result,
I will be governed by the immediacy of their plea but that in no way
intends that we are not prepared to make changes a little further
down the line. I think it is imperative that we grant relief so these
people can meet the competition of any City around, just as I stated
two weeks ago, whether it be Glendora, LaPuente, Covina or clear
downtown in Los Angeles - - our dealers are competing all the way down
the line. People do indeed shop�and I think it is an absolute
provable fact that $25.00 does indeed make the difference in the sale)
and that sale can be made here or in Los Angeles or in Glendora for
exactly the same kind of automobile that is sold in West Covina. I
would urge at this point that we deny the change of zone and go back
to staff and rework this out so that we can incorporate the needs
of our automobile dealers into this and that is not an unrealistic
or unreasonable request and then come back and do that which we
ought to do in the first place.
Councilman Young: I am with Councilman Nichols and Councilman
Lloyd on this issue. I recognize and
appreciate what the Planning Staff and
Planning Commission have in mind as objectives. I am very per-
suaded by Mr. Kerckhoff on one point - we can become so sophisticated
•that we put our tax base entirely back on the homeowners, and this we
don't want to do. We want to encourage business all we can in this
community and encourage the development of new business and if we
become overly restrictive in an area that.has certain competitive
aspects it could be vital in that respect. I think this request
should be denied at the present time and when it comes back before
us not to interfere substantially with the status quo of existing
going concerns. I am going to vote with Mr. Nichols and Mr. Lloyd,
and that is my motion.
Seconded by Councilman Lloyd.
- 13 -
•
CITY COUNCIL 4/26/71
HEARINGS• ZC #452
Page Fourteen
Councilman Shearer: Mr. Mayor, I have a request by the Planning
Director. I will go along? I was not
speaking against the car agencies.I felt
the thing could be accommodated. The Planning Director has
requested if�on the basis of the effect on the car agencies we
wished to turn this down that we approve parcels 2, 3, and 4,
which are the Eastland Center - parcels other than those involved,
due to the fact, -:he says it is expensive and time consuming to redo
the portions that are not necessary. If this meets with agreement
then we can approve Parcels 2, 3, and 4, and deny 1 and 5.
Mr. Aiassa: Mr. Munsell, do you have this as a map that
can be attached as an exhibit?
(Answer: Yes.)
(Map shown, parcels explained as to what would be included and
what areas would not be included. Car dealers located in parcels
1 and 5.)
Councilman Lloyd: Can we adopt that one parcel excluding
Crestview Cadillac? I re4lize they do not
use banners by their own choice, but I"dbn°t
want to differentiate.
Mr. Munsell: Yes, that would be no problem.
Councilman Young: Mr. Mayor, I have a further problem.
Mr. Munsell, the parcel on the far right.
There is some undeveloped land out there.
I don't want to discourage that development. It is obviously
commercial potential. Is there anything about this ordinance that
would discourage that development? Even though there is no one here
at the moment to speak in opposition.
Mr. Munsell: The staff has reviewed with May Centers
people and I believe other than the flags,
banners, etc., the advantagesof this
ordinance are substantial in that several areas become more workable
and gear itself to development. There is a better parking ratio
in favor of the developer in this ordinance. Most of the other
standards - the landscaping and walls, etc., are applied through
other resolutions what we put into the precise plan, so it is
staff°s feeling that these zones are superior and),in f act do offer
an incentive to the developer to use them. I have had several calls
today regarding the Civic Center - developers interested in the
regional commercial zoning area primarily because of the advtange
gained through parking.
Mayor Chappell: We do have a motion before us to deny Zone
Change No. 452.
(Council asked for a clarification of the motion and the proper
vote when wanting to deny the zone change.)
Mayor Chappell: If you vote 81yes" you deny the zone change
in its entirety, and if you vote "nay" you
leave it as it is and a new motion can be
made.
Mr. Wakefield: Mr. Mayor and members of Council, the
City Attorney motion�as I interpret it,was to deny zone
change Application No. 452. The Mayor's
statement is correct. If the motion is defeated the matter will
still be before you for whatever further action you desire to take.
- 14 -
CITY COUNCIL 4/26/71 Page Fifteen
HEARINGS: ZC #452
Motion failed on roll call vote as follows:
AYES: None
NOES: Councilmen Shearer, Nichols, Young, Lloyd, Chaippell-
ABSENT: None
Motion by Councilman Shearer that Zone Change Application No. 452',
with respect to parcels 2 and 3 only, be approved-, and,with respect
to parcels 1, 4, and 5/be denied. Seconded by Councilman Lloyd.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha:-ppe1.1=
NOE S : None
ABSENT: None
THE CHAIR DECLARED A RECESS AT 9:05 P.M. COUNCIL RECONVENED AT
9:20 P.M. COUNCILMAN NICHOLS LEFT AT 9:20 P.M. DUE TO HIS ILLNESS.
AMENDMENT NO. 113 LOCATION: Civic Center Area
CITY INITIATED REQUEST:A revision to the Zoning Ordinance
creating a new section, the Civic Center
Overlay Zone, to augment the provisions for architectural review,
site development, and permitted uses for development within the Civic
Center Area. This revision will also involve Section 9218.4 in which
there are existing provisions for approval or rejection of proposed
development. Recommended by Planning Commission Resolution No. 2330.
Mr. Munsell, Planning Director, summarized Planning Commission
Resolution No. 2330,recomme nding adoption of Amendment No. 113,
Civic Center Overlay Zone. Slides shown of the area, present
uses enumerated, uses not permitted explained. Further stating that
all uses in existence on adoption of this Chapter which do not con-
form to the provisions hereof shall be removed, or altered, or
replaced, so as to conform with the provisions of this Chapter within
ten years of the date of the adoption of this Chapter.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT
NO. 113. THERE BEING NO PUBLIC TESTIMONY, FOR OR AGAINST, PUBLIC
HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Lloyd: Mr. Mayor, I am very favorably disposed
towards what is being proposed here. I
think one of the major problems we have
had in West Covina for many years is the lack of an identifiable
area that can be pointed out as a center, either geographically or
philosophically as far as the City of West Covina. When someone
said - let's go to West Covina, the answer.was where shall we meet?
You could meet at different shopping centers, so I think for the
fiist time this type of thing will hopefully engender a spirit of
being together, or identifying as a center area and bring about a
change of mind, an attitude, an image. I think it is a very good
one, and I am very pleased to see this go forward>and I am ready to
support it wholehbartedly.
Councilman Young: Mr. Mayor, the only problem in my mind,
there are some of these uses actually
occurring, like the Goodyear Tire which
would not be a permitted use, is that correct?
Mr. Munsell: It would become a nonconforming use.
Councilman Young: And there is at least built-in protection
here for the existing businesses established;
we are not kicking anyone out?
Mr. Munsell: That is my understanding.
Mr. Aiassa: Mr. Mayor, a question of Mr. Munsell. How
about TBA developments to a major store?
- 15 -
0
•
CITY COUNCIL 4/26/71 Page Sixteen
HEARINGS: AMENDMENT NO. 113
Mr. Munsell: The explanation I gave earlier - the
department store is the major use. and the
TBA is an accessory to that. In the case
of Goodyear,it is considered the use.
Councilman Young: I thought that was very carefully covered
that the Broadway may have an accessory
store of some kind.
Councilman Shearer: But as time goes on we might find there-:<,_?
might be other facilities that should be
prohibited - perhaps there should -be some
more general language in here than to just say slot car races,
massage parlours, etc., are out. Say, something like an adult book
store comes up, and I can start naming other uses that would fall
along the same line that we would not want in here)and I wonder if
we are adequately covered to give the discretion to the Council
legally. Some wording more broad than just these put in there.
But I will go along with this;: perhaps there could be some
further amendments at a later date. I know we 'do have an immediate
problem with regard to one aspect.
Mayor Chappell: Mr. Munsell, do you have any answers to
Councilman Shearer°s questions?
Mr. Munsell: No, Mr. Mayor.
Mr. Wakefield: Mr. Mayor and members of Council, I think
part of.the answer to Councilman Shearer°s
question stems from the fact that these
properties are all now in -an existing zone. Generallyjsome are in
the C-2 and some in other zones within the area, all of which
authorize certain specific kinds of uses. What is attempted here
is,in effect,to restrict the uses that are provided for in the
existing zones and specifically rule out certain kinds of uses.
The adult bookstore is one of those uses which can only be
established in any event with the permission of the City Council,
so I think it really is not essential that it be specifically
excluded from this zone.
I have only one comment to make, I have
been unable to convince the Planning Director that although tire,
battery and accessory stores in and of themselves constitute a
separate use, separate from that of the Broadway, and I really
don't think it makes any difference whether the tire store is
named Broadway or Goodyear, I think when the chips are down we would
have a difficult time sustaining the provisions of the Ordinance
as they are before you today. However, I think the 'Planning
Director disagrees with me and we are treading on unchartered
waters,sand I think he should have his chance just as much as the
City Attorney, so I have gone along with what he has proposed.
Councilman Shearer: Mr. Mayor, for clarification, then these
exceptions are in addition to whatever
may already be present in the existing zoning and my statement that
anything besides these listed could go was not correct?
Mr. Wakefield:
That is right.
Motion by Councilman Shearers seconded by Councilman Lloyd and carried,
that -'_Ake_dment- No.' 113�` d 'eat.ing Section 9233' � Civic Center .Overlay
Zone., As recommended by Planning Commission.Resolution.No. 2330� be approved.
AMENDMENT NO. 114, REQUEST..,: -An amendment to Section 9231.5
CITY INITIATED regarding the fee which is to accompany an
application for a Planned Community
Development Zone. Recommended by Planning Commission Resolution
No. 2331.
16
CITY COUNCIL 4/26/71 Page Seventeen
AMENDMENT NO. 114
Mr. Munsell, Planning Director, summarized Planning Commission
Resolution No. 2331 establishing the fee for the PCD zone, setting
a filing fee of $100.. plus $1.00 per unit. Further advised staff
has done some research as to what it costs the City in man hours
to process the PCD. Woodside Village as an example, staff found its.
costs over that which was paid by the developer; not counting the
initial attempts to write the ordinance and become familiar with the
PCD,the staff found the costs were substantially over that paid by
the developer for processing. His fee was $150., for the development
plan itself which included all the public hearings and the analysis
it took to come up with a workable program. Development Plan No. 2
in the staff analysis ran about $2500, in staff time. This
initiated a study on our part to determine: 9 - would it be possible
to recoup all or part of these fees and to determine what other
jurisdictions with similar type of activities were doing. It was
determined that Newport Beach has a flat fee of $750, for an
application of this type plus fees for tract maps, etc. Thousand Oaks
a $50, fee for commercial and $100. for the development plan of
residential plus $1.00 per unit (such as we are proposing) and
Los Angeles County has a $50„ fee plus $8.00 per lo.t for the first 25
lots, and $6.00 for the next 25 lots, $2, for the next 50 and $1.00
for any lot in excess of $100.
Based on this kind of money,it was determined
that Development Plan No. 2 would return to us approximately one-half
of the dollars expended in man hours, nowhere near the full $2500.
We would hope that some of this money would be less needed in the
future as we become a little bit more accustomed to working with the
developer and the various developments in the hill areas. We also
suggested that a certain amount of the planning fees,and so on,
might be attributed to the fact the City is attempting to develop
excessively large parcels rather than the lot by lot pieces,and it
is extremely difficult to try and recruit the entire cost.
Especially when those people in the area that we discussed it with
are not attempting to return 100/ of their cost. So we would
recommend the $100.. plus the $1.00 per unit fee as a fee change in
this instance.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO.
114. THERE BEING NO PUBLIC TESTIMONY, FOR OR AGAINST, PUBLIC HEARING
CLOSED. COUNCIL DISCUSSION.
Councilman Young: Mr. Mayors a question. Are these fees applied
to the Bren Development or any portion of
that?
Mr. Munsell:
At this time that is the only PCD we have,
so any new application from the -,dat0of the
effectiveness of the Ordinance, these fees
would apply.
Councilman Young:
As far as I am concerned these fees are
rather moderate and I am sure they will be
promptly added on to the cost of the
consumer, probably adding on $2., or $3. to the cost and I don't see
any objection to that.
•
Councilman Shearer:
When a developer comes in to present a plan
for MF-25 what type of fee is he charged?
Mr. Munsell:
If the property is currently zoned appro-
priately for the multiple -family he is
charged $25, for the precise plan review and
that is the sum total
of his charge.
Councilman Shearer:
.Twill go along with this recommendation
with the understanding that probably it ought
- 17 -
CITY COUNCIL 4/26/71
HEARINGS: AMENDMENT NO. 114
Page Eighteen
to be looked at too. In fact all of our fees should be looked at.
I am sure $25.. would not cover half the time spent on some of the
proposals and,,in view of the Shareholders!- application which was
denied1 I am sure it took more than $100.00 in staff time. So
perhaps we should reevaluate other fees also and not just the PCD.
• Motion by Councilman. Shearer, s'ec.onded by, Councilman Young andcarried,
that -Amend -meat No 1-14' rev.is i'n'g -Section . 9.231.. 5 _re lating to. _P.lan.ned
Community Development appli_cation-fees, as4'ecommended-.by--Planning
Commission Resol_utiori d -Nao4� a'
9 ppr.ove
PUBLIC WORKS ITEMS - CONT"D.
ACCEPTING GRANT OF LOCATION: Within Lot 20 of Tract No. 31097,
EASEMENT adjacent to Altamira Drive, southerly of Amar
DONALD L. BREN CO. Road.
(Council reviewed Engineer's report.)
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to, .a.ccept- the Engineer's report.
RESOLUTION NO. 4347 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, ACCEPTING
GRANT OF EASEMENT FROM THE DONALD L. BREN COMPANY FOR IRRIGATION
CONTROL PURPOSES AND DIRECTING THE RECORDATION THEREOF."
Mayor Chappell: Hearing no objections waive further reading
of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Young, ;to..a:d"opt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Chappell ::
NOES: None
ABSENT: Councilman Nichols
FINAL TRACT MAP NO. LOCATION: Adjacent to Shadow Oak Drive,
30402 PCD southerly of Amar Road.
WOODSIDE VILLAGE (Council reviewed Engineer's report.)
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to.acc'ept Engineer's report.
RESOLUTION NO. 4348 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, APPROVING
FINAL •--BUBDIV.I.SION,1'MAP OF"TRACT: NO..: 304:0.2 AND ACCEPTING AN AGREEMENT
BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME."
Mayor Chappell: Hearing no objections waive further reading
of the body of said Resolution.
• Motion by Councilman Shearer, seconded by Councilman Young, to adopt_
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd,. Chappell ., ..-._
NOES: None
ABSENT: Councilman Nichols
EASEMENT GRANTS FROM LOCATION: Various locations throughout
UMARK, INC. FOR STORM Planned Community Development No. 1.
DRAIN & ACCESS ROAD (Council reviewed Engineer's report.)
PARCELS (5 Parcels)
�-*M
CITY COUNCIL 4/26/71 Page Nineteen
PUB.o-WKS: UMARK,..INC.-EASEMENT GRANTS
Motion by Councilman Young, seconded by Councilman Shearer and
carried, t-o . a.cce:pt„ Engineer's report.
RESOLUTION NO. 4349 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, ACCEPTING
GRANTS OF EASEMENT FOR STORM DRAIN AND ACCESS ROAD PURPOSES (FIVE
PARCELS) EXECUTED BY .UMARK.a, INCORPORATED, AND DIRECTING THE
RECORDATION THEREOF.."
Mayor Chappell: Hearing no objections) waive further reading
of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Shearer, t:o . a.d'opt:`
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, ..Cha.ppell._.._
NOES: None
ABSENT: Councilman Nichols
BASEBALL FIELDS LOCATION: Sanitary landfill adjacent
B.K.K. LANDFILL SITE to Azusa Avenue, 300 feet north of
present entrance to B.K.K. Landfill site.
(Council reviewed Engineer's report.)
Motion by Councilman Young, seconded by Councilman Shearer, to.acc.ep.t.,
Engineer's report; and authorize - City Manager to negotiate with
B.K.K. and Home Savings and Loan Association for use of a portion of
1 the sanitary fill site for baseball fields; and further to...a.uthot-ize
preparation of engineering plans for the development of baseball
fields.
Councilman Lloyd: A question of Mr. Aiassa - Mr. Mayor. I take
it that you have already communicated with the
people involved and they are favorably dis-
posed?
Mr. Aiassa:
Yes.
Mayor Chappell: For those of Council that may not be familiar
with this particular development - at one
time we were requesting lights at one of our
present fields and the citizens felt the lights would be a
detriment to their property and at that time City Council entered
into negotiations with other parks in the community to provide
a baseball field for the youth of our community and this is the
result as it stands at this time.
Motion carried.
Councilman Shearer: Mr. Mayor, in anticipation of questions from
citizens, do we have any time schedule as to
when the opening ball can be thrown? Are
we moving ahead that fast?
Mr. Aiassa:
Yes,
we are trying to
follow
a time schedule
and
I will provide a.
report
to Council. We
•
are
subject to a lot
of legal
proceedings
and that is why it is
being
delayed.
Councilman Shearer:
Are
we talking about
a field
this year?
Mr. Aiassa:
We are
trying.I may
need a
horseshoe
but
we are trying.
Councilman Shearer:
Lots
of luck!
m 19
•
CITY COUNCIL 4/26/71
PUB. WKS. ITEMS - Cont°d.
Page Twenty
HARRISON R. BAKER & ASSOC., LOCATION: Northwest corner of Cortez
CORTEZ'PARK ACQUISITION and Citrus Streets.
APPRAISAL ;
Mr. Aiassa: Mr. Mayor, if Council has no objections, this
item might be carried over to the meeting of
May loth due to the length of your agenda.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried, that this item be considered on the next regular meeting
agenda of the Council, May 10, 1971.
PLANNING COMMISSION
Summary of Action (Council reviewed summary of action,)
April 21, 1971.
Motion by -Councilman Young, seconded by
Councilman Lloyd and carried, that the Planning Commission
summary of action bulletin of April 21, 1971, be received and filed.
PALM VIEW PARK LOCATION: Palm View Park
MASTER PLAN APPROVAI,
(Barry Konier, Park Superintendent)advised the Mayor that Mr. Sharfman,
of Armstrong & Sharfman had to leave due to illness, and asked that
this be presented at the next meeting.)
Mayor Chappell: Due to the illness of Mr. Sharfman, may we
have a motion to hold over to May 10, 1971?
So moved by Councilman Young, seconded by
Councilman Lloyd and carried.
Councilman Shearer: Mr. Mayor - I have attached to my Planning
Department bulletin a specific action regarding
the proposed vacation of Badillo Street. Was that stuck on by mis-
take or is specific action requested? It is not on the agenda.
Mr. Zimmerman: The item referred to is the proposed vacation .
City Engineer of Badillo Street by the County of Los Angeles.
The Planning Commission acted on it last
Wednesday and recommended that it be approved. We are prepared to
present it,and there is a report on it along with a recommendation.
Mr..Aiassa: The item is:mention'edrin the Summary of Action
on Page 20
Motion by Councilman Lloyd, seconded by Councilman Young and
carried, to include in the motion receiving the Summary of Action
of April 21, 1971, to include the vacation of Badillo Street as
stated in staff°s recommendation an'_.reportidated April 22, 1971.
HUMAN,RELATIONS...C:OMMISSION
:Summary of Action Motion by Councilman Young, seconded by
• April 22, 1971 Councilman Lloyd and carried, t'o-'receive'and file.
ORAL COMMUNICATIONS
Mrs. Sanford Grumet Firstly, the residents would like to
1445 Queen Summit Drive thank you - the City Council, very
West Covina much for cul-de-saccirg the streets of
Hillward and Queen Summit Drive. We
appreciate that tremendously. However, there was a much larger
issue which we attempted to discuss several times and which was on
our original petition and it could not come up for discussion. We
- 20 -
CITY COUNCIL 4/26/71
ORAL COMMUNICATIONS
Page Twenty-one
would like to bring,it up at this particular time)and that is the
rezoning of Tract No. 29126. We also want to thank Councilman Young
for his recommendation at the last Council meeting Which encouraged
us to go out and get additional signatures in a very short period of
time, hoping to show the Councilmen and to acquaint the community
with what is being planned for in that particular area. I have here
an additional petition which I would like to present to the
secretary, with West Covina signatures of 800 in conjunction with the
200 we presented originally. Due to the short period of time the
Boy Scouts could not help us, even though they offered to, the
Ecology Group of Edgewood High, South Hills High and Covina High
offered to go out and help�but the time was very short because we
wanted to present it this evening.
Now,if I may�I would like to talk just a
little bit about that particular tract of 57 acres in front of
Galster Park. That zoning was passed ten to twelve years ago. At
that time we had a completely different City Council, one of which
I still believe is in Mexico. We also had no Galster Park. The
area was not Qetibloped, the homes were not there, and this zoning
was passed. We feel this zoning needs to be reevaluated. The City
now has put tremendous tax money into Galster Park. The residents
have developed the area above it. Two thousand additional people
living in high density multiple housing right in front of Galster
Park, with a commercial center, with a professional building, all of
which is in front of the park and makes the park very difficult for
children to usejplus they would have to go through Aroma.Drive and
a complete complex to use the park. The zoning just does not belong
there any_ more. and has to be reevaluated.
Councilman Nichols brought up at one of the
Council meetings that it is very difficult to downgrade a piece of
zoning; that it is not fair. I can understand that and so can
the local residents. We are not asking to.do the developer out of
anything but we do feel high density does not belong in that area
with the pollution. It doesn't set a precedent because this is a
very unique situation. We don't have another Wilderness Park in
West Covina. We don't have another 57 acres in front of a park.
This is one -of -a -kind situation and so,therefore�I don't believe it
will set a precedent. We have heard comment about the tax structure
that the developer has had on this particular area. I have here a
letter from the County Assessor's office which breaks down the
tax structure. It is very minimal for 57 acres and that is because
the particular acreage is hilly according to the assessor°s office;
so if the zoning was downgraded to avoid that high density considering
the taxes the developer has paidiit will not hurt him that considerably.
.I have also heard comment that the City will
get sued if they downgrade a piece of property. I question that
and so do the rest of the residents. We feel we would like
additional legal authority on this. No offense to Mr. Wakefield,
Councilman Young is a lawyer perhaps he can help us along these
lines. I would remind Councilman Shearer about the platform he
ran Ono Recently we had another Azusa -Cameron controversy and
some of these people have now stepped forward to help us. If the
• Council wishes additional signatures all of these people are ready
to go out and get the balance. Councilman Shearer°s platform was
that he was for the homeowner, and herewith we have an area where
this rezoning must come from the Counci..% pl.Atform and we would like
to see Councilman Shearer on the side of the homeowner in this case.
This Cameron situation which just occurred recently was quite an
election issue and there is also an election coming up next year.
Please think about this; we don't wish to hurt the developer but
this is just no longer a proper place to put high density multiple
units. We would appreciate your reevaluating this zoning. Thank
you.
- 21 -
CITY COUNCIL 4/26/71 Page Twenty-two
ORAL COMMUNICATIONS
Pat Cameron I am -here on behalf of the Galaxie Little
3943 Forecastle League Parade on May 1. We have requested
West Covina a temporary non -parking sign just for Friday
night before the parade and until 11 o'clock
on Saturday morning, because most of the parents come and drop the
children off,and that is at the beginning of the parade area
and then there is no place for us to have our parade. It is only
a mile and two-thirds long and we would like to be sure there are
no cars on the parkway there. Thank you.
Dr. Leslie Greenbaum In the past,the electorate of West Covina
1443 Alpine Drive has found commercial and apartment house
West Covina development objectionable at Cameron and Azusa —
as I believe did some members of this Council.
I am convinced the reasons the electorate found it objectionable at
Azusa and Cameron.also applies to the 57 acres adjacent to Galster
Wilderness Park. All other property near the park and adjacent to
the 57 acres is now zoned R-1. It is my opinion that commercial
and high density housing:- 25 dwellings per acre, 3 story apartment
houses is badly out of context with the surrounding area and when
developed would spell the ruin of our one and only Wilderness Park,
as well as being a potential detriment to our youth attempting to
use the park. Thank you.
Byron -Hinkley I'have a Service Station at this location and
201 South Azusa I am also representing some of the other
West Covina Service Station operators. We have been
served with a 10 day,notice to subside with
some of the work we are doing. We are asking for a moratorium so
you can check into it,and maybe we can come up with some understand-
ing of why after 12 to 14 years that some work we have been doing,
like trailer rentals display and some signs that we have had
displayed now�we have to dispense with them in 10 days.
Wanda Hudson Your Honor, the Mayor and gentlemen of the
representing the Council, I would like to speak concerning the
Chamber of Commerce Service Station operators. I believe you have
a letter,.my apologies for not getting it to
you soonerobut in the last month we received many, many cz%11s from
the Service Station operators in the .City of West Covina complaining
the city ordinance governing outside displays and services is
restricting their use. I can certainly appreciate their complaints.
Being a business woman myself, because the store in West Covina that
I operate, I can place signs in good taste advertising merchandise
and sales and we do business two and a half times more per month
compared to the other stores in Montclair and Riverside. So I can
understand their need for outside display signs. Some have
complained that business -has been so bad and that most everyone
thought they had been closed and would bypass them to go on to
Pomona or El Monte to buy gasoline and tires. They have been faced
with such a business loss under the present conditions that some of
them will have to close. So.,after our meeting of April 19th)we of
the Executive Committee of the Chamber of Commerce have reviewed
the problems and we would certainly like for you to take into
consideration and maybe withhold some of your extreme ordinances.
for an extent and maybe I can assign some Committees to meet with
your people to bring about better conditions for these people.
One further request. In view of the fact
that Mr. Misamore has to make a flight to Sacramento at 5:30 in the
morning and we do have quite a presentation from the Chamber of
Commerce this evening, I was wondering if it would be proper if he
might present our program at the earliest convenience.
Mayor Chappell: Fine, thank you. Yes, we will certainly
comply with that request.
- 22
CITY COUNCIL 4/26/71 Page Twenty-three
ORAL COMMUNICATIONS
Mayor Chappell: We have received some petitions tonight on
the request for rezoning of the Brutoco
Development. Is there any Councilman that
would like to speak on that item?
Councilman Young: Yes, Mr. Mayor. I think that any actual
proceedings by this Council should take place
i with the full Council present. I will ask
to meet with the City Manager in the next few days to propose some
kind of an agenda item on this when the entire Council is present.
I know I have some feelings on thisjand I believe Councilman Nichols
has alsopthat should be expressed before any kind of action is taken.
I would like to comment that Mr. Wakefield)in response to a request
that I made, and this is specifically in answer to Mrs. Grumet,
according to Mr. Wakefield's research on the matter anything done
on this property,as long as it is done in the interests of good city
planning and not in the interests of something arbitrary or
capricious.,would not be generally done in the shadow of a lawsuit.
I don't think there is any more legal research to be done in that
area unless someone decides whatever was done is arbitrary and
capricious. This is the only comment I have at this time. I will
request agenda space at the next meeting of Council when there is a
full Council here. Specifically)I will request that this particular
property be studied, that the existing zoning on the property be
studied by the Planning Department and studied in light of what i,s
the highest and best use for that land in t4,at particular area.
Councilman Lloyd: Mr. Wakefield, isn't there some action already
in the 4zea of completion? Didn't we have
some sort of action which has been completed
on the property?
Mr. Wakefield: At your last regular meeting/ the City Council
City Attorney did approve the Tentative Tract Map for this
particular property. That is the only action.
Councilman Lloyd: How does that reflect on the potential that
Councilman Young is talking about?.
Mr. Wakefield: I don't think it -'.really affects it in any
City Attorney substantial way.-, If the actual development
had been uridd.r way, that is if in response to
the Tentative approval of the Tract Map,
improvements had been constructed on the property, streets built,
curbs and gutters installed, etc., it would make it much more
difficult to actually proceed with a change of zone proceedings,
but in the previous research done on the question there was at
least one case in which a Final Tract Map had been approved and the
court therein indicated that the property owner did not by.that act
alone acquire vested rights to a particular zoning for the property.
I think the matter really is one of policy and)as Councilman Young
has already indicated the real clue to the validity of any. -'.action
that may be taken will rest in the fact that the action is required
by the public needs of the community and is not taken arbitrarily or
capriciously simply because certain property owners in the area object
to what is there now.
Councilman Lloyd: Thank you. Needless to say�I am the only
Councilman up here that voted for the
Handler property when it came up a couple of
years ago. Normally I would have to say that my inclination would be
to go along with the development that is proposed and go forward in
an orderly manner with commercial development to improve our tax
base in asking the question - is this the highest and best development.
However, under the circumstances, I think it is very clear that if
petitions mean anything - where I may have had some doubt about
petitions two years ago, I don't have any doubt about them now.
I would say from the petitions that the people want some sort of a
reviewtso I would have to go along with Mr. Young and say - let's
have a review. - 23 -
CITY COUNCIL 4/26/71 Page Twenty-four
ORAL COMMUNICATIONS
Mayor Chappell: Mr® Aiassa - Mayor Pro Tem Young will meet
with you with regard to this agenda item.
Motion by Councilman Young, seconded by Councilman Lloyd and carrieda-`......
to direct the Chief of Police to post "no parking" signs)making,-T`t
convenient to hold the Galaxie Little League Parade.
• Mayor Chappell: I hope as many of the Council as can _e7i1l
be present - we have all been invited.
The next item brought before us was the
Service Station request and we also have a letter request from the
President of the Chamber of Commerce - Mrs. Hudson. What is the
pleasure of the Council?
Councilman Lloyd: Mr. Mayor, I don't really fully understand all
of this. Mrs. Hudson, who made the presenta-
tion, may I ask you a question or two?
I gather, Mrs. Hudson, you are speaking for these people in your
capacity as President of the Chamber of Commerce?
Mrs. Hudson: Yes�and for the Chamber of Commerce, because
they have made many requests of us and we are
anxious to help them,�to help keep them in
business.
Councilman Lloyd: What was the City action which is debilitating
to the businesses of these people? Does it
take away something?
Mrs. Hudson: Yes, outside display of tires, outside display
of signs ---
Councilman Lloyd: Mr. Munsell m they are not allowed to display
tires on the outside?
Mr. Munsell: Outside display is not permitted.
Councilman Lloyd: You mean racks of tires?
Mr. Munsell: That is correct. Certain uses such as trailers
may be permitted if specifically approved
within an unclassified use permit. Normally
the Service Station is allowed to perform the normal functions of a
service station. All uses, except pumping gas must be conducted
within the enclosed building. There can be exceptions for certain
outside uses if requested in the unclassified use permit and these
will be reviewed in terms of their appropriateness, if parking and
so on is available and proper screening.
Councilman Lloyd: If they come in do�they have to get a
Variance or something to display tires on the
outside?. I understood this was common
practice for Service Stations.
Mr. Munsell: I believe..they may use the enclosure on the
outside which would be just open faced but
they cannot just come outside and stack tires
outside on an open rack. There is a certain amount of leeway that .
they expose tires to view but cannot stack them around light poles
or like bricks. It is a typical thing that if some of these things
are needed for the Service Station to operate it is an indication
that perhaps there are too many Service Stations.
Mrs. Hudson: The tire complaint was one of the major ones.
Most of them have a heavy metal rack where
they stack them. Another thing was the
trailers being parked on the lots. -24 -
CITY COUNCIL 4/26/71
ORAL COMMUNICATIONS
Councilman Lloyd: What kind of trailers?
Page Twenty-five
Mr. Hinkley: Utility trailers - rental trailers, that people
rent to haul rubbish to the dump and small items
from one place to another.
0 Councilman Lloyd: Where do you park them?
Mr. Hinkley: At my particular station I have had them for
13 years and I didn't think they were
illegal and suddenly I get a 10 day notice
to get rid of them and they are my own equipment.
Councilman Lloyd: You own the equipment? And have been renting
it out? Can I talk to Mr. Munsell again -
Mr. Aiassa?
Mr. Aiassa: r thrice be -fare we blow this out of prop6rtion -
the Service Station issue has come before four
Councils. We have reviewed it with every Service Station operator
and we have called general meetings with the service station
operators and at our last meeting we geared it with the Chamber of
Commerce. My suggestion is that you direct the Planning Director
to call a meeting of all the Service Station people and have them
come to City Hall, There is an accumulated history on this so I
think the best thing to do is have them come down here and make
their bid to the Planning Director and we will also have a Chamber
of Commerce representative present.
Councilman Young: In the interim couldn't we establish a
moratorium for a time and how can we do it
legally, because I have the same complaint
from the dealer I deal with. What would be an appropriate motion
which would avoid this 10 day enforcement?
Mr. Wakefield: Mr. Mayor and members of Council, the Council
City Attorney does have the authority on an emergency basis
to instruct the City Attorney to draft an
ordinance which would in effect suspend the enforcement of the
existing provisions pending whatever review the City Council,
Planning Commission and Planning Department makes of this particular
matter. Now that ordinance can only be effective for 90 days and
then at the end of 90 days presumably the City Council will have
decided what the appropriate action is under the circumstances.
Action has to be done by an Ordinance and it can be introduced
and adopted as an urgency ordinance under a specific provision of
the zoning law. If it is Councils` desire, I will have it ready
for you at your next regular meeting.
Mayor Chappell: Especially for the new Councilmen - Mr. Lloyd
and I have been involved with this for 3 years -
but somewhere along the line a Sign Ordinance
was developed and for 3 years we have been changing it. We let the
barber poles turn, then we let the Realty people fly flags and now
tonight we talk about the auto dealers and pennants, and we are the
ones that are continually being knocked around by this Sign
Ordinance and the businessmen are continually coming in and telling
us they can't perform their work or can't make money. I don't
know whether we have to review the Sign Ordinance and I hate to
even suggest it, but somewhere along the line the boat has been
missed by a real far margin because we are doing this time after time.
At this point it is an emergency thing and it will at least get the
operators so they can continue to operate but somewhere along the
line our Sign Ordinance is going to have to be reviewed and firmed
up so the business people and the community can live with it.
The business people I have talked to, whether they be automobile
dealers or service station operators, it is us, sitting t3gbt here,
25 -
CITY COUNCIL 4/26/71
ORAL COMMUNICATIONS
Page Twenty-six
who are enacting this ordinance and we are really only enforcing
something that has been passed and the time has finally come for the
last dog to be put to rest and this is what we are running into.
Mr. Aiassa:. Mr. Mayor, I sympathize with some of their
problems, but a lot of these people have
10 abused privileges for 13 years' they have
done things illegally for 13 years and knew at the time they put
signs up. Many of them erected signs before they even received
permission from City Council.
Councilman Young: You are not referring to anyone present tonight
are you?
Mr. Aiassa: No, but I am talking about a lot of them that
are existing and that we are now trying to
bring up to conform. When you have 75 to 80%
of the people conforming and only 10% or 15% not performing, are you
going to bend the ordinance to comply to the 15% and then actually
put -the 85% in jeopardy? I would say one thing, if these people
really want to see an :,_a.bor.�ion of signs just look around at other
cities. I think they are Just destroying their own image and their
own operations.
Councilman Young: Mr. Mayor, I don't think this is the time for
the public and the Council and the City
Manager to get into a three-way debate. I
agree there are abuses. I have had complaints on this and I talked
to businessmen and I have been askedAbefore getting on City Council,
to sue the City. I never took one of those cases because of
infringement on the businessman's desire and right to make a living
andofcourse this reflects favorably on our tax base, But tonight
we"have certainly more than a sign issue and I think we should deal
with the problem we have here tonight. We have specifically under
attack the display of merchandise. This may or may not be a sign thing
it is a matter of definition, but we also have one of the means that
the dealer - Mr.H:inkley has to make a living. One of his merchandising
areas is being taken away and this is also true with one other station,
because I trade there and I get a complaint everytime I go in, and with
that in view I would like to make a motion that the City Attorney be
instructed to draft an -emergency ordinance declaring in appropriate
language, a moratorium on enforcement for a period of 90 days or less,
giving both the City and the operators as -much feasibility as possible
in light of the problem presented by M.r.H.ihkley and Mrs. Hudson.
Seconded by Councilman Lloyd, and carried.
Mrs. A. L. Bergman Gentlettt'-n, the last few items under dis-
426 No. Leaf Avenue cussion have brought to my mind a topic
West Covina I have wanted to state to this Council for
approximately one year's time. This
evening revealed the fact that this Council believes in the right of
the minority to be heard. Not necessarily followed - thank heavens -
because each case is being heard on its own merits, but the right to
be heard. It is about time that in West Covina, the last 13, 15, 17
years or whatever it may be, just as Mr. Chappell said - it has been
,saddled with past actions. I don't think it is saddled, I think it
is the fact that the people now feel they will get a fair hearing.
Please have this attitude continue, Ha:ve,alsg-,the situations where
people want to have the opportunity to give their viewpoint, be very
carefully reviewed so it is not just the pressure of numbers or the
threat of election results that makes any Councilman swing towards
that particular viewpoint. But if all the facts are heard, be it
for our community businessman, or community residents, but most
especially (and I will introduce a new note here) community depart-
ments of the City. Just because certain things have been a practice
here for very long does not mean they are functioning at full
capacity and at full efficiency. I would ask, in the same light
26 -
CITY COUNCIL 4/26/71.
ORAL COMMUNICATIONS
Page Twenty-seven
that you are looking at other things that also city functions and
city operations be looked at so we can have the best job from
our city people for the money. Thank you.
WRITTEN COMMUNICATIONS
(All items listed below are considered by the Council to be routine
and will be enacted by one motion unless called for discussion by a
Councilman or a citizen wishing to address the City Council.)
SAN GABRIAL VALLEY Rb uests City°s support for ensuing fiscal
HOT LINE year. (Refer to Staff)
ROWLAND UNIFIED Resolution re Expanding of Cable Television
SCHOOL DISTRICT System. (Refer to Staff)
MRS. VIRGINIA HOPPLE Expresses Appreciation for Varied Activities
2113 W. Pacific Ave., of Recreation & Parks Dept. (Receive and File)
CALIFORNIANS FOR Request for Support of Concept of Revenue
REVENUE SHARING Sharing. (Refer to Staff)
Motion by Councilman Lloyd, seconded by Councilman Young and carried,
referring all items to staff.
C:ITY.MANAGER.
CHAMBER OF ,COMMERCE Mr. Ray.Misamore:r Mr:. Mayor, and Gentlemen
QUARTERLY..REPORT,_ Immediate, Rast.Pres., it is a pleasuree to again
t..
Chambevfpf. Commerce-:. ,,_. appear. before yotu..and I do
appreciate your moving me
up on the agenda. I am here again to give the quarterly report for the
past year.
The West Covina Chamber of Commerce continued
its record of progress in the first quarter of 1971 and participated
to quite an extent in the International Ice Hockey Tournament. We
are in the middle now of our International Spring Fair and I think
everyone in West Covina is pleased with the publicity we are getting
for West Covina with the cooperation and participation of the
merchants of the City. I think we have drawn into the project all
of the shopping centers in West Covina and this is something the
business community has been :criticized for in the past and not able
to draw together all elements of the community and I think we are
doing so with the International Spring Fair in spite of the fact this
is the first one. We are still working on the Chamber City
Publication replacing the 1969-70 Fact Book. It should be out shortly.
We work closely with the Free Youth Clinic. We are concerned and
involved with better communications with our young people and that is
pretty well evidenced by the success of our Youth Free Clinic.
We now have student representation on our Chamber Board. We have
brought in a member from each of the high schools as well as a member
from Cal -Poly, and a member from Mt. SAC. They are expected to
attend all Board meetings and can be heard at all Board meetings. And
•all their suggestions and comments are given consideration. We
participated with the City in studying our ambulance service and
through a joint effort we were able to reduce ambulance response
service from 18 minutes to 7 minutes. I think this, although it
falls by the wayside'in many other items that gain a great deal more
notoriety, this is of importance to the City and I think the City
should be complimented and we are pleased to have apart in that
project also.
We have a very active Tourist Bureau and our
retail trade promotion event going on now was at one time our
primary objective, our biggest project, and now that that is running.
27
CITY COUNCIL 4/26/71 Page Twenty-eight
CITY MGR.: QUARTERLY REPORT - CHAMBER OF COMMERCE
our Tourist Bureau will become our greatest project. And undoubtedly
will be second to retail sales in terms of revenue for the City.
I know you gentlemen are aware of what the bed tax brings to the
City and we are certain we can at least double this. We have again
a very active Tourist Bureau operated by a committee of people in the
hotel -motel business, service trades and restaurants.
So far as office and personnel is concerned
we have reduced from 6 to 5 full-time and increased the office hours
from 8 to 5 and the office is open from 8:30 a.m. to 5 p.m. We had
to do that with the reduction of one person to accommodate the program
of work we have taken on for this year. As you are all aware we have
new quarters, probably the nicest Chamber quarters in this area,
certainly in the San Gabriel Valley, and I am sure in an area much
greater than that. The formal. dedication of our new quarters took
place March 23rd and many of you gentlemen were there.
As far as economic development is concerned
you will all get copies of the report I am presenting this evening,
so I will not go into a great deal of detail. There are interesting
statistics in there relative to increases in the assessed
valuation of property, the number of jobs made available in the City,
and the retail sales. There is a statistical summary relative to
that.
We continue to use aerial photography in our
attempts to bring in new business and I might say the West Covina
Chamber of Commerce pioneered this concept in Southern California
and we find many other Chambers now taking it on as a project. As
you will recall the Chamber of Commerce felt this would be of some
value to the City and arranged with the Planning Director for a
showing and the Planning Director has been able to utilize this same
concept where there are aerial slides made every 6 weeks.
(Slides shown of various new business openings and events that
transpired in the first quarter, and explained.)
We are tremendously proud of the progress we
have been able to make with the Chamber and we trust you too are
pleased. I don't believe there is any question but that we have
arrived at the point where we are the most sophisticated Chamber of
Commerce in the San Gabriel Valley. We have no allusions about this
and we recognize a great deal of it is the result of the kind of
cooperation that we have had from you people, particularly in terms
of money. And if you are as pleased as we are with the progress we
are making I trust that since we have a budget coming up that you
will bear in mind that the progress you are seeing today is brought
about by the investment you people were willing to make a couple of
years ago .and that this investment is coming back to you in sales
tax dollars. Thank you.
Mayor Chappell: Thank you, Mr. Misamore. (Asked if any
member of Council had any questions. None.)
CITY ATTORNEY
FREEWAY WIDENING LOCATION: Orange Avenue off -ramp at South
EXCHANGE AGREEMENT Frontage Road.
(Council reviewed Engineer's report.)
Mr. Wakefield: This item is with reference'.to a proposed
exchange of land agreement, the owner of the
property -Interstate Leasing Corporation -
upon which Cal Stores is located and the City. There are two
items involved. One is included in the agreement. An agreement
of the Interstate Leasing Corporation to deed presently, now, to the
City, three additional parcels of right-of-way required in connection
with the widening of the San Bernardino Freeway and the reconstructicn
- 28 -
.CITY COUNCIL 4/26/71 Page Twenty-nine
CITY ATTORNEY: INTERSTATE AGREEMENT
of the off -ramp at West Covina Parkway and Orange Avenue. The
agreement provides that the City will deed to the Interstate Leasing
Corporation its underlying fee interest in two parcels of property
which will be no longer required for public street and highway
purposes after the reconstruction of the off -ramps are completed.
At that time and at the conclusion of the vacation the City will
Iquit claim its remaining interests in the parcels to Interstate.
The agreement does not provide for any exchange of dollars, the
properties being exchanged are approximately equal in square
footage and in value. There are two items, one is a Resolution
which would authorize the Mayor to execute the required deed to
Interstate Leasing and the second item is the approval of the
exchange agreement and authorizing its execution on behalf of the
City.
RESOLUTION NO. 4350 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, AUTHORZING
THE EXECUTION OF A GRANT DEED IN FAVOR OF INTERSTATE LEASING
CORPORATION."
Mayor Chappell: Hearing no objections waive further reading of
the body of said Resolution.
Motion by Councilman Young, seconded by,Councilman Lloyd, to a.d6pt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Chappell.,..
NOES: None
ABSENT: Councilman Nichols
Motion by Councilman Young, seconded by Councilman Lloyd, and carried, to
approve the Exchange Agreement and authorize - the Mayor and City Clerk
to execute the Exchange Agreement on behalf of the City.
WATER SERVICE AGREEMENT Mr. Wakefield: This is a proposed
CITY OF COVINA water service agree-
ment which you
instructed the City Attorney and City Manager to negotiate. The
agreement will provide for the performance of certain services on
behalf of West Covina by the City of Covina in connection with the
operation and furnishing of water to the Umark properties. The
first occupants have moved into the residences being constructed
in the tract and this agreement will make it possible for the
City to provide the necessary water service. The agreement provides
that West Covina will pay Covina for its actual costs for the service
to be performed for the maintenance of the system, plus a $300.00
initial charge for the establishment of the programming of the
computerized billing system into the computer system used by the
City of Covina. The other charges are standard hourly rates that
would be payable to the City of Covina for the services of its
employees and equipment.
Councilman Young: Is this agreement compatible with the agree-
ment we have with Umark - so in the
execution of this agreement as well as the
execution of the Umark agreement there is no expense hidden or
. otherwise to the City of West Covina?
Mr. Wakefield: That is correct. The cost over and above
the cost of the water revenue received by
the City will be paid from what Umark has
in the City Treasury by depositsreceived under the original lease
agreement.
Councilman Shearer: Several questions, Mr. Mayor. Was the
agreement with Suburban ever executed?
Do we have an agreement now with them for
being our agent?
29 -
CITY COUNCIL 4/26/71 Page Thirty
CITY ATTORNEY: WATER AGREEMENT - City of Covina
Mr. Wakefield: No sir. The City does not. The original
agreement as proposed, both by Suburban and
incorporated in the draft of the agreement
itself, was the requirement that the Public Utilities Commission
would approve Suburban°s entering into that agreement. To this
date there has been no action by the PUC to authorize Suburban to
enter into that agreement; as a consequence that agreement has
never been executed by Suburban and is still awaiting action by the
PUC. I called the staff attorneys for the PUC this morning in
San Francisco, the hearing officer who held the pre -hearing on
the application of Suburban for authority to enter into the agreement
has not yet reported his recommendation to the PUC and I would guess
at best we are 60 days away from any final action on that application
by the PUC. The agreement with Covina is subject to cancellation on
30 days notice and if the PUC should approve Suburban°s entering into
the agreement with the City, the City could then cancel the Covina
agreement and go ahead with the Suburban agreement.
Councilman Shearer: We have residents up there now., how are they
getting water?
Mr. Wakefield: The water is being provided under an interim
agreement with Covina which simply provides
that the City will supply water at its
standard wholesale rates and the City of Covina has done those
things necessary to provide the service to date.
Councilman Shearer: One last question. I believe the agreement
with Suburban called for them to handle all
billing and collection. The agreement proposed.
before us tonight with Covina calls for the City to collect. Why
this difference?
Mr. Wakefield: Suburban has its own computerized system and
had offered to actually prepare the billing
on the billheads of the City and to mail and
distribute the bills, collect the proceeds and deposit the funds in
the City Treasury. The City of Covina has a separate arrangement
with the Computer System. It is a system that is jointly used by a
number of cities. The Computer System in effect said we will be
glad to take on the billing function for the City of West Covina
insofar as the mechanical preparation of the programming of the
computer, the operation of the bills, but the City will have to mail
them out and handle collections and report the collections back so
the billing will be current. The Covina agreement simply reflects
that aspect.,of the problem so far as our relationship with Covina is
concerned.
Councilman Shearer: Who collects for the City of Covina now?
Mr. Wakefield: The City of Covina does its own collecting.
As I said�it has a separate arrangement with
a Computer System which actually handles the production of the bills
and the keeping of the current customer accounts on the computer, but
the City of Covina does its own collection.
Councilman Shearer: How much workload will this be for the City
to handle this collection?
Mr. Aiassa: We hope it will not be a very big workload
because it is a short term lease. There is
to be a final decision on who will handle
this eventually. We will probably not have more than 50 or 60 by
the time our agreement expires in November.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried, authorizing the'Mayor and City Clerk to execute the water
service agreement with the City of Covina.
- 30 -
CITY COUNCIL 4/26/71
CITY ATTORNEY - Cont°d.
Page Thirty-one
MERCED HORSE Mr. Wakefield: This is a short report
RANCH with regard to the
Merced Horse Rancho On
Tuesday of last week the Health Officer made an inspection of the
premises and found there many unsanitary-conditd.n87.for. which the
present tenant of the property has been cited, and we &7e proceed-
ing to prepare the declarations necessary for the Contempt cita-
tion as quickly as possible. We thought -if the Health Officer
moved in immediately at least it would help to clear up that phase
of the problem without waiting for court action, but we are pro-
ceeding with the court action. No action is necessary by Council.
REQUEST TO ATTEND Mr. Wakefield: This is a request for
SPRING CONFERENCE the City Attorney to
attend the Spring Confer-
ence of the City Attorneys section of the League of California
Cities from May 5th to 7th. I have requested that City Council
authorize one-half of my expenses not to exceed $75.00. The funds•
are budgeted and included in the City Attorney°s budget.
Motion by Councilman Young, seconded by Councilman Lloyd, to__appr.ove
the request for authorization for the City Attorney to attend the
semi-annual Spring Conference of the League of California Cities,
and authorize funds not to exceed $75.00. Motion carried on roll
call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Cha.ppeLl.-..
NOES: None
ABSENT: Councilman Nichols
WEST COVINA DISPOSAL Mr. Wakefield: I thought it important
COMPANY REGULATIONS to call Councils `.
attention to the fact
that under the present agreement with the West Covina Disposal
Company they have the authority to collect rubbish within the
city limits. As you know the Bren Development is about to be
occupied. and one of the items that Council asked that I
research for future consideration was the possibility of
restructuring the service area of the West Covina Disposal Company.
So f arenothing has been done in that phase of the matter and
if the City Council desires to pursue it I feel it would be
appropriate to ask for staff consideration of the problem and
some report at a future meeting. In that connection the West
Covina Disposal Company through their attorney simply reserved
the right to consider the authority of the city to restrict
the area of service, but I have had no further communication from
them in reference to that matter and I assume they are just waiting
for some indication from the City. No action is necessary if the
Council doesn't want to pursue the matter at this time.
Councilman Shearer: Didn't we have a 30 or 60 day cancellation
clause?
Mr. Wakefield: Yeses there is a provision in the agreement
that provides bi-annually either the City
or the contractor has the right to review
the terms of the agreement and if as a result of the review the
parties are not able to agree on any modifications that might be
necessary then the agreement might be cancelled 6 months thereafter
by either party.
Councilman Shearer: So then there is no real urgency that we'do
something now because as I understand,it in
July or thereabout we will be discussing
this in depth again and this then can be_ 6wei.at that time?
Mr. Wakefield: That is correct.
- 31 -
'CITY COUNCIL 4/26/71
CITY ATTORNEY: W.C. DISPOSAL CO.
:Page Thirty-two
Mr. Aiassa: For the record.,I would like to state that the
West Covina Disposal Company , formally
by written letter withdrew their request for
any increase in rates. Also Mr. Wakefield stipulated in his letter
to their attorney the conditions that West Covina Disposal must
comply with under the existing contract. We are now checking these
items to be sure they do comply.
Councilman Young: Mr. Mayor, I recall the action of the Council
and I believe that was a motion made by
Councilman Nichols. Number one, to exercise
the cancellation provisions in the contract, and number two, to
limit the service area to that immediately being serviced by the
Company. I don't believe either of those actions have been rescinded.
Are we about to rescind that now? Or just let it drop? The
communications we had copies of do not cancel the agreement, it
listed the grievances expressed by the City and replies came back as
to corrective measures to be taken. So I don't think the direction
of the Council has ever been carried out. So where do we stand on
it at the present time?
Mr. Wakefield: Mr. Mayor and members of Council, Councilman
Young's recollection is correct. The present
agreement with the West Covina Disposal
Company extends to December 31, 1978. The only provision there is
for the cancellation of the agreement prior to that dated_.,
embodied in a section of the contract which provides for the bi-
annual review of its terms and conditions and provides if the parties
are not able to agree that the contract may be cancelled by either
party 6 months thereafter® So the form of communication that went
to West Covina Disposal Company with reference to the service area
of the Company simply reserved for specific consideration by the
City and the Company the service area of the contractor ar.d the
limitation of that service area to the area that was served by him
on January 1, 1971. Nothing further has been done with respect
to the implementation of that communication° We have reserved the
matter and the question can be opened up at anytime so far as the
contractor is concerned.
Councilman Young: I know staff has done an extensive amount of
work on the complaints received, Will there be
some follow-up agenda item so we can review
this?
Mr. .Aiassa: We will probably have something for you at
the second meeting in May. Tonight I believe
we should just accept the oral report from the
City Attorney.
AGREEMENT BETWEEN Mr. Wakefield: This is the culmination
CITY OF WEST COVINA, of the settlement agree-
JUNE WHITE, GARNIER ment of the litigation
CONSTRUCTION CO� between the City, June White and Garnier
Construction Company, to supply water to
Cortez Park. Several weeks ago the City Council approved of an
agreement between the City and the Suburban Water Company for the
service of water to Cortez Park at the flat rate of 907(, per
cubic foot and just today I received in the mail the executed
original of that contract from Suburban Water Company, so we now
have that phase of the agreement completed. The present agreement
between the City and June White provides for the dismissal of the
present litigation and reserves to the City whatever rights it may
have against June White and the Garnier Construction Company under
the old Harbert agreement. In the event the agreement with
Suburban Water is terminated for any reason those rights would be
prospective from that date on. In other words the City received
water from Suburban at reduced rates for 10 years and there were
still 15 years left under the Harbert agreement, the City could
- 32 -
CITY COUNCIL 4/26/71 Page Thirty-three
CITY ATTORNEY: CORTEZ PARK WATER AGREEMENT
seek at that time whatever redress it thought was appropriate from
June White and Garnier Construction Company. The agreement also
releases the remaining land that is owned by June White and Garnier
Construction Company, which is adjacent to Cortez Park from
whatever encumbrances the Harbert. Agreement is to that property.
The Harbert. Agreement provided that it was a condition subsequent
which attached and was binding upon the land of the parties to the
agreement. I think for all practical purposes it has no legal
significances it is however an encumbrance to the title of the
property which would appear in any title report. The water well
it was from, which the water was originally intended to be supplied,
has been purchased by Suburban and the encumbrance of the Harbert
Agreement will still attach to the water well and the property on
which it is located.
In effect what this agreement does is to
provide for the dismissal of the present action and the
suspension of the City°s rights under the Harbert= Agreement so far as
June White and Garnier Construction Company are, concerned during the
life of the settlement agreement with Suburban Water.
Motion by Councilman Young, seconded by
Councilman Shearer and carried, moving approval.
CITY MANAGER
TRAFFIC COMMITTEE MINUTES (Council reviewed minutes.)
APRIL 20, 1971.
Councilman Lloyd: Mr. Mayor9I have a question of Mr. Aiassa. I
called the Chief of Police with regard to
the problems of continuing accidents at
Virginia and Grand. I don't know what the answer is, but it
certainly is not to let accidents continue to happen. Apparently
traffic is flowing on Grand at such a pace as to either prohibit
or render extremely dangerous the entry from Virginia Avenue. I
was wondering what I must do to have this considered by the
Traffic Committee.
Mr. Zimmerman: Mr. Mayor and members of Council, this
City Engineer particular intersection problem was referred
to the Traffic Committee and as a matter of
fact it is on the minutes you have before you,
Item 2, along with a recommendation.
Councilman Lloyd: I missed that. I am sorry.
Councilman Young: While Councilman Lloyd is reviewing that I
would certainly appreciate anything that
could be done to expedite a correction of
the situation at Cameron and Lark Ellen, which is also reviewed
tonight, but that thing has become a slaughter area and I happen
to live there and we hear one or two crashes a night. I have also
received a request that a study be made of the crosswalk right
in front of the West Covina High School. If the Traffic Committee
could undertake a study there,it would be appreciated.
Mr. Zimmerman: I will make a'note of that and refer to the
Committee.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to receive and file Traffic Committee minutes of April 20, 1971.
STATEMENT OF CALGARY, Motion by Councilman Young, seconded by
ALBERTA ICE HOCKEY Councilman Lloyd, to authorize payment of
RESOLUTION statement from W. G. Haire in the amount of
$50.20.
- 33 -
CITY COUNCIL 4/26/71
CITY MGR.: STATEMENT TO W.G. HAIRE
Page Thirty-four
Councilman Lloyd: Mr. Mayor, I think that in deference to
Mr. Aiassa that this bill was really created
by me, because I was in hopes that we could
somehow improve the status or looks of our resolutions or proclama-
tions and while this was really a very nice one, all hand lettered
and everything, it somehow fell astray of the mark I was hoping to
achieve. While the bill in its entirety is justifiable as far as
Mr. Haire°s work is concerned, I feel an expenditure of this amount
would not be warranted again. I submitted the idea to Mr. Aiassa
and he went along with it very kindly and the fault is mine if you
find any.
Mayor Chappell: We did get a letter back on it. Jt was very
well received.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Chappell
NOES: None
ABSENT: Councilman Nichols
Councilman Shearer: For information, what does it cost us under
our present arrangement?
Mr. Aiassa: We type the resolution and the perma plaquing
costs $13.50; so probably $20.00 with clerical
costs.
CITIZENS ANTI -.PRIME Mr. Aiassa: Council has received a
COUNCIL REQUEST written report on this with
staff recommendations.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
endorsing the programs and goals of the Citizens Anti -Crime Council,
and that they be so informed through a letter over the Mayor's
signature; and further instructing the City Clerk to add the Citizens
Anti -Crime Council to the City's mailing list of all City agendas;
and requesting minutes of all Citizens Anti -Crime Council meetings
be sent to City Council to keep Council informed of all programs
and actions of the Anti -Crime Council.
STAFF REPORT re Motion by Councilman Young, seconded by
GALSTER PARK FIRE Councilman Lloyd and carried, to receive and
file informational staff report.
STAFF REPORT re Mr. Aiassa: This is in answer to the
CARNIVALS AT PLAZA Council's request for in -
SHOPPING CENTER formation on the Brush
Fire adjacent to Galster
Park. This is informa-
tional.
Mayor Chappell: Mr. Aiassa,in light of this report I think
it would be a good idea to send this
information to the Association.
Mr. Aiassa: I think Mr. Munsell has already done that.
Mr. Munsell: We have extensively had discussions with
the Association and they have continually
even requested additional activities due to
the fact that apparently the members don't provide enough funds to
run their operation and these small carnivals do provide the
Association with additional income. So staff is continually
besieged for different dates and I am afraid the City Council may
in the very near future since we are only 4 months into the year
and the Plaza has already over extended its use, may be looking for
- 34 -
CITY COUNCIL 4/26/71 Page Thirty-five
CITY MGR.: REPORT re CARNIVALS AT PLAZA
some relief from the provisions of the Ordinance.
Councilman Young: Mr. Mayor, would this also be appropriately
referred to the Chamber of Commerce?
Mayor Chappell: Yes definitely. (Mr. Aiassa agreed.)
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, to receive and file informational report.
STAFF REPORT re Motion by Councilman Young, seconded by
HUNTINGTON BEACH Councilman Lloyd and carried,t:o,receive and
FREEWAY file,. informational report.
WEST COVINA DISPOSAL Councilman Shearer: Mr. Mayor,,a question.
AUDIT REPORT I hope we didn't pay too
much for this.
Mr. Aiassa: No, we didn't. A complete audit would have
been $3,000.
Councilman Shearer: The reason I say this is if it was intended
to possibly help me in discussing whether or
not West Covina Disposal should have a rate
increase, it is worthless to me.
Mr. Aiassa: No, this is an audit in relation to the
actual -accounting of money in relation to the
percentage paid to the City. We want to be
sure if the accounts in their books show these receipts and then the
disbursements of those receipts should be in proportion to what the
City is entitled too.
Councilman Shearer: I am sorry that I misinterpreted the purpose
of the audit.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried, to receive and file.
AUTHORIZATION FOR Mr. Aiassa: This is the north area
MAYOR & CITY MANAGER between Covina and West
TO MEET WITH CITY Covina.
ADMINISTRATOR & MAYOR
OF COVINA re WATER Councilman Young: If that authorization
PROBLEM is really needed I
move it.
Councilman Lloyd: I will second it, but why do you need
authorization? You have talked to those
people before. Have we not granted whatever
was necessary previously?
Mr. Aiassa: No, what we need from the Council is formal
sanction giving authority to meet -with them.
Councilman Lloyd: I concur and you have a second. The only
comment I have and perhaps it is a little
vindicative, but you also had authority
from this body to meet on other things which they continually
cancelled, but if it will solve the problem I am for it.
Motion carried.
CHAMBER OF COMMERCE Motion by Councilman Young, seconded by
QUARTERLY REPORT Councilman Lloyd and carried, to receive and
file. . informational report.
- 35 -
11
CITY COUNCIL 4/26/71 Page Thirty-six
CITY TREASURER'S REPORT Motion by Councilman Young, seconded
March, 1971. by Councilman Shearer and carried,to
receive and file report.
MAYOR ° S REPORTS
• COMMITTEE APPOINTMENTS Mayor Chappell: We won't go through
AND ANNUAL APPOINTMENTS this tonight, but I
will be calling you
to find out which dates you are available and which Committee you may
have missed because of various other assignments throughout the year.
If there are any meetings between now and the time I contact and
set new appointments, will you please attend them as previously set
up.
RESOLUTION APPOINTING Mr. Aiassa: With regard to this
ALTERNATE TO SANITATION appointment, being
DISTRICTS & BOARDS that we have the
same Mayor Pro Tem does that require
another resolution or not, Mr. Wakefield?
Mr. Wakefield: No, the way it was adopted a year ago
City Attorney is adequate.
PROCLAMATIONS:
UNITED CEREBRAL PALSY WEEK - Month of May, 1971
GOODWILL WEEK - May 2-9, 1971
MARCH OF DIMES HEALTHY BABY DAY - May 3, 1971
PUBLIC SCHOOLS WEEK- April 26-30, 1971
PUBLIC WORKS WEEK - May 10-15, 1971
Mayor Chappell: If there are no objections, I will so proclaim.
(No objections.)
While on the subject of Public Schools Week we
have a newly elected member of the West Covina Unified School
District Board - Mr. Ray Fleck. Congratulations and we know you
will enjoy working on the Board.
RESOLUTION NO. 4351 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA COMMENDING "WEST
COVINA BEAUTIFUL" FOR THEIR CIVIC ACTIVITIES."
Mayor Chappell: Hearing no objections waive further reading
of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Chappell
NOES: None
ABSENT: Councilman Nichols
COUNCIL COMMITTEE Councilman Lloyd: Mr. Mayor and members of
REPORTS Council, I started out before
and I will now finish off
what I wanted to say in the first place. I think there are certain
'10 activities that occur on this Council and I think this is as good a
time as any to bring them up. First of all I object very strenuously
to the geographical formation of this Board, the way it is comprised
here with the straight line function, where I can't see -Councilman
Shearer and he can't see me and I was under the impression this was
supposed to be a deliberative body. I would like to see some sort of
a staff situation. This has been a galling situation to me for 3
years. I mentioned this when they were in the construction of this
building, the way it is designed is to almost prohibit any inter -
discussion by this,,Council. Perhaps some of the other Councilmen ,
don't feel this way but I have spoken to all four members and
36 -
CITY COUNCIL 4/26/71
COUNCIL COMMITTEE REPORTS
they have all passively agreed it
object of this thing and a lot of
a. legislative body to deliberate.
fact that it is important that the
to review and all, but the way it
Page Thirty-seven
is rather difficult. I think the
people don't understand this is it is
There is no question about the
audience have an opportunity
is set up it is like some sort of
is a show. It is not a show. It is a legislative body and it is
supposed to interact among itself and that was the way it was
originally intended. If you would like a source on that "Legislative
Bodies in California" by Blair and Flournoy refers to it, and if you
want more I will get you more. I would like to see some consideration
on that.
The next thing I would like to see in the
interests of speeding these meetings.up,I would like to have a
"no protest" calendar. I don't see any reason why when we agree
on certain items and the administrative staff says let's just hold
that item over, or let's just do this, etc., let's just so indicate
and find out if there is any protest or comment among these five
members up here. If there isn't let's pass the thing and get it out
of here. There is no point in us going through these things step by
step, grinding them out. I don't in anyway want to interfere with
the legislative process and it will not interfere, and I don't think we
will..._invalidate any city ordinances, am I correct Mr. Wakefield?
Mr. Wakefield: Yes, I think it would be entirely appropriate
if you had a sort of consent calendar as part
of your agenda and those items were handled
similar to the way written communications are now listed and if any
member wishing to discuss any item on the consent calendar it could
be removed for that purpose and separately considered and a single
motion could be approved with respect to the other items.
Councilman Lloyd: Thank you, Mr. Wakefield. I have another item
which has bothered me for several years
although I reveled in it because I happened to
be in the very favored position on this Council as a result of where I
sit. Poor Councilman Shearer gets hit with every first vote which I
am sure he is aware of at this point because I have talked with him;
he does not have to vote first: he can hold off his vote or do anything
he wants to. On the other hand I don't see any reason why once the
vote is made that there can't be an immediate intent on the part of
each Councilman sitting up here where they don't have to sit here and
chew it over as it comes down the line. I am the first to admit I
too have played it by ear coming down here, but in the interests of
good democratic legislative action I would like to see some sort of
switch voting where when the Mayor says call for the vote - bam it
goes right up and we can see what it is and this solves the problem.
on all roll call votes. There are machines that record this and
you don't have to go down the line and call for names. Is that
correct, Mr. Aiassa?
Mr. Aiassa: Yes.
Councilman Lloyd: Another area that bothers me is the assign-
ments to these various Committees. There
seems to be some area here where every
is person is required to sit on these Committees. We are not required
to do that. Are we, Mr. Wakefield, as a function of our office?
I have heard other Councilmen say I would rather go to Planning
or the School Board or whatever, but they don't want to go to
Planning all the time, they would like to move around. Is there
some requirement on this, Mr. Wakefield?
Mr. Wakefield: There is no ordinance or statutory require-
ment. It is simply one of communication
between the City Council and the Boards and
Commissions established within the City government.
- 37 -
s
CITY COUNCIL 4/26/71 Page Thirty-eight
COUNCIL COMMITTEE REPORTS
Councilman Lloyd: I think in the interests of providing liaisons,
that one of the best liaisons that could
possibly be achieved rather than have a City
Councilman come in and sit at a meeting with his hands folded,
quietly sitting there for 3 or 4 hours or whatever, and I realize
10 that Recreation & Parks and the Personnel Board don't have much
representation, but nevertheless I took it upon myself when working
with Recreation & Parks Commission to meet with the Chairman at an
off time and we discussed things and I offered my opinion and said
was there anything we could do, etc., and ifindeedshe had anything
she gave it to me and I presented it to the Council when their
minutes and things came up. I think this would be far more
productive to have this kind of interplay rather than just to go.
Now if somebody wishes to go - fine, be my guest, but the intent of
you have to go and with all due respect to Mr. Fleck, newly appointed
to the School Board, but we have very little communication with
the School Board - I am the one that is supposed to go to the School
Board and while talking of that I would like to include the Covina
School Board, because they represent a third of our city in school
population. Is that correct, I don't know?
Mayor Chappell: Pretty close.
Councilman Lloyd: In any event I would like these comments
drawn up and presented to Council for their
consideration in order to do several things.
To improve the legislative flow and speed up the processes. Thank
yo� gentlemen, and I take this opportunity to congratulate
Mayor Chappell.
Mayor Chappell: Several things you brought up are
certainly well spoken. In f;act;:thiS. one_of not
being able to look at each other and I have
sat on various positions here myself, so I would agree. I don't
know how we can accomplish it but I would like some plans thought
up and discussed. As it is we are moving back and forth to see
the screen and to see each other -'the arrangement here is not good.
So I will go $long with you on that.
Regarding the appointments, I discussed this
today with Mr. Aiassa as to why certain areas were not being
visited while others were. So I believe you brought up some good
points on that also.
Councilman Young: I have nothing to add, I do think Councilman
Lloyd made some very valid comments. I have
been quite derelict. I have had two
appointments to the Planning Commission since I have been here
which is a very fine Commission, but to sit there like a bump on a
log for 5 or 6 hours is not for me. So I have been very derelict
this last time through.
Mayor Chappell: In light of that too, maybe we should all
review this as to how we would like to
handle these things and if we feel we are
not getting information for the time spent there perhaps we can
use some other approach.
Councilman Young: I think a few times dropping in and staying
for awhile would serve the purpose - it is
more a matter of knowing each other more
than anything else. I was quite embarrassed tonight I didn't even
recognize Commissioner Sooter. I introduced'myself. I was at a
meeting but he was absent.
Mayor Chappell: I know I brought up going to the Covina
Valley School Board meeting when Len was
Mayor and he said"you guys want another meeting - really" and so I
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v
• 'CITY COUNCIL 4/26/71
COUNCIL COMMITTEE REPORTS
Page Thirty-nine
dropped it right away. And what he was saying was probably factual.
DEMANDS Motion by Councilman Young, seconded by
Councilman Shearer,to_,approve Demands
totalling $283,672.27 as listed on Demand Sheets C-774 through
C-716. This total includes payroll. Motion carried on roll call
vote as follows:
AYES: Councilmen Shearer, Young, Lloyd, Cha.ppell;..,. -
NOES: None
ABSENT: Councilman Nichols
ADJOURNMENT
ATTEST:
CITY CLERK
a
Motion by Councilman Young, seconded by
Councilman Lloyd and carried, to.'a.djourn the
meeting at 11:50 P.M.
APPROVED:
MAYOR
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