05-13-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
MAY 13;. 19 74.
The regular meeting of the City Council called to order at 7:30 P.M.,
• in the West Covina Council Chambers by Mayor Chester Shearer. The
Pledge of Allegiance was led by the Junior Girl Scout Troop ##355 -
Gina Ciauri, Mary Pearl and Marie Ford. The invocation was given
by Reverend Donald Helsel of Shepherd of the Valley Lutheran Church.
ROLL CALL
Present: Mayor Shearer; Councilmen: Browne, Lloyd,
Chappell
Absent: Nichols
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
Leonard Eliot, Controller
George Zimmerman, Public Service Director
Michael Miller, Planning Director
John Lippitt, City Engineer
Gary Duvall, Ass It. to the City Manager
Jeff Butzlaff, Administrative Analyst
Jan Williams, Administrative Intern
Chester Yoshizaki - Redevelopment
Mark Volmelrt - Redevelopment
Richard Klemp - Staff Reporter - S.G.V.D.T.
• Mayor Shearer: As we are all aware, Councilman Nichols is
ill, he has been in the hospital and I
understand he is now home for at least a few
days. The City Attorney has advised that under the circumstances,
not knowing how long he will be unable to attend Council meetings
and resume his duties, that it would be in order to pass a motion
excusing him from his duties as a Councilman due to health purposes
until he is able to return.
So moved by Councilman Lloyd, seconded by
Councilman Browne and carried.
Councilman Chappell: And with that vote, Mayor, we certainly
pray that he rejoins us just as fast as
he is physically able to.
Mayor Shearer: Yes, and along with that sentiment which we
all share - we wish Russ the best.
PRESENTATIONS
MAYOR'S GAVEL TO Mayor Shearer: Tonight I have the honor
FORMER MAYOR of making presentations
JIM LLOYD to three men that have
• served this community in different capaci-
ties in an outstanding manner. It is my pleasure this evening to
give them a small token of recognition. The first presentation
goes to Councilman Lloyd, who last March finished one year as Mayor
of West Covina, doing in my opinion and I am sure all of our
opinions, an outstanding job as a Mayor and prior to that as a
Councilman for five years. At the end of my term as Mayor I hope
that I will receive a similar token of appreciation and that I will
have deserved it just half as much as Jim has. I was thinking on
the way over here tonight that perhaps in the not too distant future
CITY COUNCIL Page Two
PRESENTATIONS 5/13/74
he will be decorating an office with this presentation many miles
from here. So Jim, on behalf of the City congratulations for a
very fine year - you did a fine job and the best of luck to you in
your future.
• Councilman Lloyd: Well I really like your attitude - anyhow.
And thank you very much, Mayor Shearer and
my fellow Councilmen, including my good
friend Bob Young, who is sitting in the audience. Win or lose, if I
don't go to Washington I intend to continue to serve my community
and if I do go to Washington I will continue to serve the community
back there. Thank you.
RESOLUTIONS OF Mayor Shearer: The next token of our
COMMENDATION appreciation goes to
another man who is trying
to go on to bigger and better things - a man that I was fortunate to
meet a few years back while out on a trip with a bunch of boys
from the YMCA. Bob offered the use of his cabin spot in the
San Gabriel mountains and it was a great.pleasure to meet Bob along
the river and a much greater pleasure to serve with Bob a few years
later on City Council. He too,has aspirations for bigger and better
things and perhaps some day this plaque that we are presenting to
him will enhance a much bigger office than what he now has.
Robert Young: Chet, my fellow Councilmen and my fellow
citizens, I think you so much. I would
like to say that the past four years were
certainly the high point in my life and especially the opportunity
you, the City Council, gave me to serve as Mayor for a year. I
submit that serving on a City Council is the most fundamental basic
• form of community service and I am so happy that I had the
opportunity to do so for a while. Thank you, very much.
Mayor Shearer: It certainly seems like an evening for
advancement - the next award goes to a man
that has already gone on to bigger and
better things. We have on our Council Nevin Browne, who prior to
the time of taking the office of a Councilman, served us for five
years on the Planniig Commission of West Covina. As a token of our
appreciation for those five fine years and looking forward to the
experience you gained on the Planning Commissicon in assisting us in
making decisions here I would like to present to you this
Resolution of Commendation for your years of service to the City.
Councilman Browne: I would like to thank my fellow Councilmen
for first giving me the opportunity to sit
on the Planning Commission, which certainly
excited my desire to do more for the City, and secondly to thank
those people that elected me to the office of the City Council and
for placing their trust in me.
(Mayor Shearer appointed Councilman Chappell in the absence of
Councilman Nichols to take care of the Demands and Councilman Lloyd
to countersign.)
is ADMINISTRATION OF OATH The City Clerk swore in Miss Suzanne Sylvia
OF OFFICE as alternate to the Youth Advisory Com-
mission. Mayor Shearer welcomed Miss Sylvia
to the City family as the new alternate
Youth Advisory Commissioner.
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CITY COUNCIL
Page Three
5/13/ 74
APPROVAL OF MINUTES
APRIL 22, 1974
Motion by Councilman Chappell, seconded by
Councilman Browne and carried, to approve
minutes.
• CONSENT CALENDAR
Mayor Shearer explained the procedure of the
Consent Calendar and asked if there were any
comments on any of the following items:
1. WRITTEN COMMUNICATIONS
a) San Gabriel Valley Humane Re three year renewal of contract.
Society
(Refer to Staff for report back
5/28/74 )
b) West Covina Senior
Petition with 154 signatures sup -
Citizens Club
porting bonds for a Community
Recreation Building with special
facilities for senior citizens.
(Refer to City Manager's item #F-1)
c) West Covina Veterans
Request permission to conduct Annual
of Foreign Wars Post
and Sale of Buddy Poppies on May 17 and
Auxiliary No. 8620
181, 1974. (Approved in prior years,
recommend approval)
d) Mrs. .Samuel Concialdi Re hazardous walking conditions on
1022 W. Casad Avenue the northwest side of Vincent Avenue
West Covina between Puente and Grovecenter Avenues.
(Refer to Public Service Dept.)
e) City of Walnut
Notice of Public Hearing re
•
Case No. 136-74 Amendment to Walnut
General Plan. (Refer to planning
.Department)
f) Board of Supervisors
Notice of Public Hearing on May 23,
1974, at 9:30 A.M., on Proposed
Amendment to Ordinance No. 1494
(Zoning Ordinance) re animals. (Refer
to Planning Department and authorize
Staff Attendance)
g) West Covina Disposal Co.
Re need to increase rates. (Refer to
Staff)
h) South Hills Band Booster
Re invitation to play at the
Club
World's Fair in Spokane. (Representa-
tive will be present)
i) Alcohol Counseling Request for Non -Profit Business
Associates License. (Recommend approval, City
Attorney reviewed and approved)
j) Mrs. Dorothy M. Swanson Request for Mail Order Business
513 N.'Broadmoor Avenue License.. (Recommend approval subject
• West Covina to staff review and regulations)
k) United Cerebral Palsy Request permission to conduct fund
Association of raising campaign for May 1 to
Los Angeles County July 1, 1974. (Approved in prior
years, recommend approval)
1) Allison W. and Re Merced/Orange Avenue Plan.
Angelina Jones (Refer to Planning Department)
2920 W. Elder St., W.C.
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CITY COUNCIL
CONSENT CALENDAR - Cont'd.
m) West Covina Chamber
• n) U.S. Department of
Labor
2. PLANNING COMMISSION
Summary of Action
3. RECREATION & PARKS COMM.
Summary of Action
4. PERSONNEL BOARD
Minutes
Action Items
5. HUMAN RELATIONS COMM.
• Summary of Action
6. YOUTH ADVISORY COMMISSION
Summary of Action
Page Four
5/13/ 74
Re study of existing bus routes and
additional routes proposed by RTD
and recommendations to Council.
(Refer to Public Works #A-4)
Re award of contract for audit of
the Emergency Employment Act Grant
No. 06-2-00174, County of Los Angeles
Prime Agent; City of West Covina
Subagent. (Informational)
May 11 1974. (Accept and file)
May 8, 1974. (Adj. Reg. Mtg) (Accept
and file)
April 231 1974. (6 PM Adj. Reg. Mtg.)
April 23, 1974. (Reg. Mtg.)
May 81 1974. (Adj. Reg. Mtg.)
(Accept and file)
April 2, 1974 (Receive and file)
May 71 1974. (Refer to City Manager
Items #F-5)
April 251 1974. (Accept and file)
April 23, 1974. (Receive and file)
(1) Request.attendance..of four Youth Commissioners to California
Youth. Coalition Third Annual Statewide Youth Conference on
May 181 and 19, at the Los Angeles Sheraton, and authoriza-
tion of funds in amount of $100.00 ($25.00 per Commissioner)
(Budgeted item, recommend approval)
7. ABC APPLICATIONS
a) Hungry Tiger, Inc.
14265 Oxnard St.,
Van Nuys, Cal.
b) Helen L. Drenner
240 S. Pine, #K
San Gabriel, .Cal.
c) Christel & George Krause
• 3061 S. Caricia Drive
Hacienda Heights, Cal.
Chief of Police recommends NO PROTEST.
dba STARK'S RESTAURANT
2200 E. Garvey Avenue
dba STAGECOACH
642 S. Sunset Avenue
dba THE POST HORN
178 S. Glendora Avenue
Russell French Mr. Mayor, actually I come here somewhat
apologetically in that I live in the County
and I represent a situation which is a
combination of Covina and West Covina - Item 1-h, South Hills Band
Booster Club. It is with considerable pride to us and I hope to
CITY COUNCIL Page Five
CONSENT CALENDAR - Cont'd. 5/13/74
you gentlemen that we are here this evening to bring to your atten-
tion one of the niceties of life. It isn't too frequently that those
of us in business have a chance to recognize the achievements of our
youngsters, in this case the -South Hills Band and their invitation to
play at the World's Fair in Spokane.
• This band has been given the opportunity to
play and appear at Expo 1974 carrying a banner on behalf of Covina
Valley. I have with me for you Mr. Mayor and the Secretary, a
complete breakdown on the itinerary of the trip the youngsters will
take which I will leave with you. It is going to cost these
youngsters approximately $250. for their travel fare to get to Expo 174.
The School Board has approved the necessary time off from school ,
therefore it is obviously viewed by the School Board as a beneficial
thing. We, as parents of these students, are frankly coming to the
City Councils, if you will - on a carte blanc request for financial
help, suggestions, etc. There are students in the -school that do
come from homes that are somewhat financially depressed, others come
from affluent homes, but in this package of papers we have given you
we have given you an action plan that we hope will raise the amount
of money needed. The total budget will run between $35,000 and
$401000. We found that the City.of Glendora earned $85,000 to
take some youngsters to Europe to play in the band concert in
Switzerland, so. we have confidence that we can raise the amount of
money needed to send our youngsters to Seattle, we feel we owe it
to our youngsters to provide them with this opportunity. So
Mr. Mayor, anything.you can do to help will be appreciated.
We also are selling various tickets for
raffles around the town and I sincerely hope this is within the
Ordinances of the City. We will also be coming up with a carnival
and probably other fund raising activities, but right now if the City
could see its way clear to maybe help us someway financially, or have
• your City Management review these packets and make suggestions to us,
we would be most appreciative. Thank you.
Councilman Lloyd: If I may speak to this, Mr. Mayor, I have
already been somewhatinvolved because of
Vi Christopher, who called me with regard
to a storage area problem. And I also contacted the Mayor of the
Cit.y.of .Glendora - I understood they had a little problem there and
I will be talking again t.o Mayor Finkbiner to see if we can find a
quick solution to that problem. I really feel these youngsters
do need some help and while he did mention Covina Valley Schools
we must remember that South Hills is in the City of West Covina.
So I would like to see us. do what, we can to -help.
Councilman Chappell: I think this is a great thing., I am sure
our City Council will endorse your.project
andsupport you and ask the newspapers to
give you the publicity that is necessary and if you do have projects
that need our endorsement we will certainly look forward to helping
you in anyway we can.
Mayor Shearer: I would suggest we refer this along with the
package you presented us with to the
• City Manager to see what the City can do
in the way of assistance. Perhaps the Chamber of Commercen-Can
become involved. Mr. Aiassa will you have staff look this over
and report back to us at our next meeting as to just what role the
City might be able to play in this regard.
Councilman Chappell: Mr. Mayor, another item for consideration -
we probably should send letters and the
City Plaque along with the Band so they
can present them to the Mayors of the Cities they will be visiting -
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CITY COUNCIL.
Page Six
CONSENT CALENDAR -
Cont'd. 5/1.3/74
so they will know that
South Hills School is in West Covina.
Mr. French:
And Mr. Mayor, along those lines, there is a
possibility that October 6th might be set
aside as "West Covina Day" at Expo '74. We
not exactly sure
of the lines of.communication for this, however,
•are
we understand that
the request has to emanate from the City Council
involved and I will
secure the names, titles, addresses, etc., if you
will kindly contact
them. Again, thank you, gentlemen.
Mayor Shearer:
Mr. Aiassa, will.you review this and report
back to us, along with suggestions and
recommendations.
Mr. Aiassa:
Yes sir.
Councilman Chappell: This is an encouraggg piece of positive
action and I am sure we all wish them well
-in their endeavors,
Councilman Lloyd: Mr. Mayor, Item 1-.d. I would like to see a
letter from the Mayor sent to
Mrs. Concialdi saying we are doing something
with regard to her letter - or have you already done that?
Mayor Shearer: No, I have not. I have a note on this and I
assumed that letters of acknowledgement are
sent to people particularly in a case where
their letter is received on April 30, just after a Council meeting
and two weeks ahead of the next Council meeting and it will probably
be two more weeks before action is taken - so a month goes by and
the citizen does not hear. Do we acknowledge these saying we received
your letter and it is being referred to this or that Department and
you will be notified - or do we wait for Council direction before
acknowledging?
Mr. Aiassa: Our standard practice is to wait for
Council direction before we acknowledge
to the person stating that they will be
contacted, forinstance in this case, by Mr. Zimmerman.
Councilman Lloyd: Well, just as long as they get an acknowledge-
ment, I just didn't want it to hang in the
air.
Motion by Councilman Lloyd,. seconded by Councilman Chappell, to approve
the Consent.Calendar items. Motion carried on roll call vote as
follows: AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
GENERAL AGENDA ITEMS
PUBLIC WORKS
TRACT NO. 24006 LOCATION: North of Amar Road, east of
• DONALD L. BREN CO. Lark Ellen. (Momument Bond)
Motion by Councilman Lloyd to authorize the release of The American
Insurance Company bond No. 7105497 in the amount of $3,490. Seconded
,< by Councilman Chappell and carried.
6 -
CITY COUNCIL
PUBLIC WORKS - Cont'd.
Page Seven
5/13/ 74
PROJECT NO. SP-74002 LOCATION: Azusa Avenue, Cortez Street
TRAFFIC SIGNAL INSTALLATION to Amar Road.
AND MODIFICATION (Council reviewed Engineer's report)
Motion by Councilman Lloyd, seconded by Councilman Browne and
• carried, to approve plans and specifications subject to Federal
Highway Administration approval and authorize the City Engineer to
call for bids.
Councilman Chappell: Mr. Mayor, I think our staff should be
commended this evening at the results of
their efforts to get this project off the
ground in the two week time span in order to become eligible - I know
they have spent a lot of time on it and I would certainly like to
commend them for their efforts.
SEWER EASEMENT LOCATION: North side of the freeway between
STATE OF CALIFORNIA Barranca and Citrus Streets.
(Council reviewed Engineer's report.)
RESOLUTION NO. 4878 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ACCEPTING A DIRECTOR'S
DEED EXECUTED BY STATE OF CALIFORNIA FOR
SEWER PURPOSES, AND DIRECTING THE RECORDA-
TION THEREOF."
Motion by .Councilman Lloyd;: seconded by Councilman Browne and carried,
to waive full reading of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Browne, to adopt
said Resolution and carried on rollcall vote as follows:
•
AYES: Browne, Lloyd, Chappell,
NOES: None
ABSENT: Nichols
ABSTAIN: Shearer
PUBLIC HEARING
DEVELOPMENT PLAN NO. 5 Location: Amar Road, approximately
(PCD-1) TENTATIVE TRACT 1000 feet, more or less, E/O the
NO. 32339 - ENVIRONMENTAL northwest corner at Amar Road and
IMPACT REPORT - Covington Azusa Avenue.
Brothers Request: .Approval of a Tentative
Tract Map and development plan for
the subdivision and construction of
a 476 unit multiple fam lyocoMplex within the Woodside Village PCD-1
zone (13 density units per acre) on a 36.6 + or - acre parcel.
An ENVIRONMENTAL IMPACT REPORT has been submitted as part of the
application. Recommended by Planning Commission Resolution No. 2522
Called up by Council on 4/22/74. (Proof ofi Publication of Notice
of Hearing on 5/2/74 received.) (12 notices mailed on 5/1/74.)
Mr. Miller: The staff report has been included
Planning Director 4in your packet. There has been an
additional summary added pertain-
ing to the Study Session attended by Councilmen Lloyd and Browne
regarding the subject property held on May 3. At the last Council
meeting they were selected to attend as Council liaison. We do
have slides to show if Council desires. If not, staff would stand
by the :Staff Report submitted to City Council for their review.
The Planning Commission Resolution ##2522 approved this subject to
the conditions contained in the Resolution.
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CITY COUNCIL Page -Eight
Pub. Hearing: DP ##5, TT #32339 - EIR 5/13/74
Mayor Shearer: I would suggest for the edification of the
Council that we do avail ourselves of the
material prepared by Mr. Miller and see the
slides.
• (Slides shown of location, proposed project, projects already built
by Covington Brothers, elevations, colors of materials proposed,
etc. Briefly covered Staff Report stating number of units, size,
etc.)
Mr. Miller: The Planning Commission at their meeting
conducted an extensive public hearing and
reviewed the Staff Report, copy of which
you have in your packet and after considerable discussion the
Planning Commissioners voted in their Resolution No. 2522 to recommend
approval of the Development Plan No. 5 (PCD-1), Tentative Tract No.
32339, subject to the conditions enumerated in the Planning Commission
Resolution. If you have any questions I will be happy to answer.
Mayor Shearer: A clarification from the City Attorney. What
items are actually open for discussion,
approval or disapproval?
Mr. Wakefield: What is before you is the Development Plan
No. 5 for this particular area which is
covered in the Planning Commission's
Resolution No. 2522 as Development Plan No. 5 (PCD-1). So the
development plan together with the Tentative Tract Map and the
Environmental Impact Report and the statement to it by the Planning
Commission all pend before you this evening for action.
• Mayor Shearer: There is no Zone Change involved, it is
merely an approval of the Development Plan
and the Tentative Tract Map?
Mr. Wakefield: Yes.
THIS IS,THE TIME AND PLACE FOR THE PUBLIC HEARING ON DEVELOPMENT PLAN
NO. 5 (PCD-1), AND TENTATIVE TRACT MAP NO. 32339 AND THE ENVIRONMENTAL
IMPACT REPORT.
IN FAVOR
Ron Sloane As you know I represent the Umark Corporation
Umark, Inc. that owns Woodside Village in its entirety
.Westlake Village and we have been working for sometime in an
ongoing effort to attract developers to this
area. We are currently involved in two million dollars of con-
struction to try and prepare this land to make it more attractive
to prospective developers. We were quite pleased when we came across
Covington Brothers and their projects. We visited their sites, liked
what we say and.worked with them very closely and your various staff
members for well over a year now and were quite pleased with the
housing types they are providing for this particular parcel. We
were concerned with the stereo type apartments that we think of when
we consider a project of this type, but these homes have a residential
character to them from the street view and we are very pleased with
• the proposed project. We hope Council finds it within their power
this evening to grant approval of this request, we are most anxious
to get Covington Brothers underway, we have been very concerned with
this area. The reason we are very much conerned is that we have a
great investment in this property and in this City and we would like
to get as many builders in here as we can and activity brings
additional builders. We would like the City Fathers to be proud of
this development as we were when we ran across Covington Brothers.
Thank you.
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CITY COUNCIL . Page Nine
Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74
Mike Ryan (Requested and permission granted to speak
Covington Bros. beyond the 3 minute limit.) (Sworn in by
2451 East Orangethorpe City Clerk)
Fullerton
Mr. Mayor and members of Council, the appli-
cant has made every attempt possible to
•
blend the requirements of the PCD, MF-20, Hillside Overland and
Woodside Village Master Plan text and this is a quote from the Staff
Report, that in the opinion of your staff we have met all code
requirements and have come up with a quality project. Staff
recommended approval to the Planning Commission and after due con-
sideration they took legal action to approve the project and
recommended approval to,the City Council. Therefore, in the opinion
of the Planning Commission and your staff we have met all the code
requirements and have created a quality project.
This plan before you tonight was not the
first convenient plan which our consultants came up with - this plan
is a calculated, well reasoned out plan. We cooperated with your
staff and gave them every single item they requested. So there are
logical reasons why the plan turned out the way it did. Some of the
reasons had been presented to you in your packets, others had been
discussed with you on an individual basis. It is not always easy to
conform to the requirements of four,various codes; we not only made an
attempt to do so but we have in fact done it and then some, and I
guess this is why it took us over a year's planning effort and just
under $100,000 in hard funding and planning money.
(Mr. Ryan showed slides of.other Covington.Brothers projects completed
in various areas in Southern California, ranging in age from new to
15 years of age, showing quality of homes, landscaping features, etc.
Explained in detail the proposed project in regard to the hillside
• property.)
Mr. Ryan: This is definitely hillside property, there
is nothing we can do to eliminate this so
we must learn how to control it. Carl Brown of Williams Engineering
will explain to you how we have conformed to all the codes and
will point out alternative methods of grading the subject site which
we examined and why we ran the streets in the direction we did, and
further illustrate to you how we created an integrated land and
building relationship. Ron Pecoff of Pecoff Nursery will discuss
hydro seeding and the advantages of it.
The Hillside Overlay Zone and the MF-20
speak to the desire that landscaping consider slope stability
plantings for appearance and durability. This is why we contacted
Pecoff and why we are desiring to hydro seed the slopes.
If you have any questions we will be avail-
able for your questions after campletion of our presentation.
Carl Brown (Sworn in by the City Clerk)
Williams Engineers Mr. Mayor and members of the Council, as
17401 Irvine Blvd. both Mr. Miller and Mr. Ryan mentioned
Tustin we were working under four different
• regulation ordinances: Woodside Village
Master Plan, PCD, MF-20 and the Hillside Overlay Zone. One of
the things we tried to do in coming up with the development plan you
see on the board is to integrate the development with the existing
topography and as Mr. Ryan pointed out we have 90' of fall from the
north line to Amar Road. One of the ways and truly the only way
this can be accomplished is by running the streets with the grade
of the land and as soon as you try to change that you end up with
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CITY COUNCIL Page Ten
Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74
slopes and in order to integrate and make the development conform
more closely with the topography you must break the slopes in as
many places as you can. This also conserves the street improvements,
utility improvements and gives you more open.space. To illustrate
some of these points I would like to show you some slides. (Grading
plan alternatives shown and explained in various exhibits.) One of
the things that comes up is the lot area in this concept. The total
usable lot not including the slopes by the building is 8500 square
feet. Of this 31.00 square feet is occuppied by the building foot-
print itself. Another 1900 is occuppied by driveways and parking,
leaving a total usable open space on each lot of 3500 square feet.
If there are any questions I will be glad to respond. Thank you.
Ron Pecoff Primarily the reason I am here is to inform
Hydro Seeding Nursery you on the use of hydro seeding. The
Escondido developer and the architect both proposed
the use of hydraulic seeding on all the slope
areas. We have also made recommendations as far as maintenance
considerations on the slope areas and I have brought some slides
along to show you what is happening in hydro seeding and what can
happen in its potential use. ( Many slides shown of projects where
hydro seeding was used - shown at first planting, 3 months later,
9 months later, 18 months later, and so on and explaindd.)
Eight years ago we started this concept.
We are getting maximum results all around the world and in the
United States. (Explained the relationship bet�geen root growth and
top growth. ---'and why it is better to hydro seed than use the usual
.15 and 5 gallon can method of. plantings.)
James R. DeMarco Mr. Mayor, we represent the developer and
• Fulop, Ralston, Burns &. owner with respect.to the matter before
McKittrick -.this Council. The reason h am here tonight
Attorneys at Law gentlemen, is because Covington Brothers
9665 Wilshire Blvd. retained our law firm once it realized
Beverly Hills there was an appeal from the Planning
Commission decision, and asked that we
advise them.of.their rights with respect to the intended approval
of the Tentative Map, and in the even the recommendation of
approval should -not prevail at Council level so they will have a
record to appeal from.
(Mayor Shearer suggested perhaps it might be well to have a 5 minute
recess at this time before going on into what seemed to be a rather
lengthy presentation by Mr. DeMarco. who requested 15 minutes.
Recess called at 8:55 P.M. Council reconvened at 9 P.M.)
Mr..Wakefield: Mr. Mayor, Mr. DeMarco has handed me a
list of some twenty-one exhibits that are
all part of the official records of the
City, either documents that are in the files of the Planning
Commission or in the files or records of the City Clerk. I think it
is in order that the action be to just receive them and the secretary
can include the list of the exhibits in the record.
• Mr. DeMarco:
official part of this
Mr. Wakefield:
I take it then that each one of the items,
1 through 21, which I have listed as
Exhibit A, B, Cl and so on will be an
proceeding?
Right.
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CITY COUNCIL Page Eleven
Pub Hearing: DP #5 - TT #32339 - EIR 5/13/74
(LISTING OF EXHIBITS PRESENTED IS AS FOLLOWS:
1. Copy of West Covina Municipal Code Ordinance 115 (1=26-70),
Planned Community Development. PCD Zone, Sections 9231
through 9321.11 (EXHIBIT A hereto)
2. Copy of Woodside Village Master Plan. (EXHIBIT B hereto)
• 3. Copy of West Covina Municipal Code-MF-20 Zone, Sections 9206
through 9206.5. (EXHIBIT C hereto)
4. Copy of West Covina Municipal Code Ordinance 1117 (2-9-70),.
Hillside H Overlay Zone, Sections 9229 through 9229.10.
(EXHIBIT D hereto)
5. Certified Copy of completed Covington Brothers Residential
Design Questionnaire. (-EXHIBIT E)
6. Certified copy of owner's statement supporting requested
PCD Zone Development. (EXHIBIT F)
7. Certified copy of development plan, approved by Planning
Commission on 4-3-74. (EXHIBIT G)
8. Certified copy of tentative tract map 32339, approved by
Planning Commission on 4-3-74. (EXHIBIT H)
9. Certified copy of environmental impact report approved by
Commission 4-3-74. (EXHIBIT I)
10. Certified copy of Planning Commission staff report of
April 3, 1974. (EXHIBIT L)
11. Minutes of Planning Commission hearing dated 4-3-74, pages 9
through 25. (EXHIBIT K)
12. Certified copy of Planning Commission resolution 2522 dated
4-3-74. (EXHIBIT.L)
10. Certified copy of April 8, 1974 letter to Covington Brothers
from the Planning Commission noting 4-3-74 approval.
(EXHIBIT M)
14. Certified copy of 4-15-74 letter to Covington Brothers from
Planning Commission noting acceptance by Covington Brothers
of conditional approval of Planning Commission (EXHIBIT N)
• 15. Certified copy of Planning Commission resolution No. 567
(EXHIBIT O)
16. Certified copy of April 8, 1974 agenda of West Covina City
Council (EXHIBIT P)
17. Certified copy of minutes of West Covina City Council meeting
of April 8, 1974 (EXHIBIT Q)
18. Certified copy of April.22, 1974 agenda of West Covina City
Council (EXHIBIT R)
19. Copy of minutes of West Covina City Council meeting of
April 22, 1974.(EXHIBIT S)..
20. Notice of Public Hearing dated 5-2-74 (EXHIBIT T)
21. Agenda of City Council meeting of May 13, 1974, pages 1 and
5,only (EXHIBIT U)
Mr. DeMarco: I would like to address myself tonight to the
legal actions of the Subdivision Map Act and
the limitations placed on the Council with
respO' ect to the approval or disapproval of a Tentative Tract Map.
It is limited because the State has pre-empted the field of Sub-
division control, and any laws by ordinance not in conformity with
the Subdivision Map Act are null and void and unenforceable.
(Cited two court cases - 1957 and 1965, pertaining to the Subdivision
Map Act) Sections 11500 and thereafter.)
• So the State has pre-empted the field in all
respects except as to design and improvements. Thus the Cities and
Counties are limited in reviewing Subdivision Maps and they may only
deny a map if there is a basis for doing so within the Subdivision
Map Act. The Subdivision Map Act thus tells the City Councils and
Boards of Supervisors the exact reasons they may turn down a tenta-
tive map.
CITY COUNCIL Page Twelve
Pub. Hearing: DP ##5 - TT ##32339 - EIR 5/13/74
Section 11 .5 of the Business and
Professions Code, gives only seven reasons for denial. A - that
the proposed map is not consistent with applicable General and
Specific plans. I submit to you that there are no opinions here
tonight on the part of your Planning Commission or staff that this
• tentative map and supporting papers is 'inconsistent; thusether-eeis'
no evidence upon which the.map can be denied on that count. B - that
the design and improvements is inconsistent with applicable -.-
General and Specific Plans. There is no evidence that would justify
the City Council in denying approval of this on that count. C - if
the site is not physically suitable for the type of development pro-
posed. The Planning Commission and staff have stated that this
site is suitable for this development and the developer has met all
the zoning requirements of the PCD, MF-20, Hillside Overlay, etc.
D - the site is not physically suitable for the proposed density of
the development. The Staff Report indicates the density proposed by
the developer is less than allowed by your municipal codes. Again,
there is no evidence upon which you can deny this map. E - the
design of the buildings or the proposed improvements
That would appear to be covered in the Environmental Impact Report
and that report has been approved by the Planning Commission.
F - the design of the subdivision or type of improvements is likely
to cause serious health problems. There is nothing presented here
or before the Planning Commission who approved this, that would
indicate that anything in this proposed subdivision is likely to
cause serious health problems. G - the last item, is that the
design of the subdivision will conflict
There is no evidence before this Council which would indicate that
is the case with respect to this development.
Not only does the subdivision map set forth
• the only items upon which a Council or Board of Supervisors must
rely if they are going to deny a tentative map, it indicates if they
are going to deny they must make findings and indicate what evidence
they rely upon for their finding. Section of the Business
and Professions Code reads: 11 ...... upon conclusion of the hearing
the governoring body shall within 7 days declare its finding based
upon its testimony and the documents produced before it. It may
sustain the findings of the Advisory Agency and make such findings as
is not inconsistent with the provisions of this chapter or adopted
pursuant to this chapter. So we find that the City
Council can only deny the tentative map for the specific items within
this code and then it must rely upon the evidence before it.
From the items I have outlined a court would set aside the disapproval
of this tentative map. In order to disapprove there must be
evidence before this Board which would justify that denial. The
Board is not permitted.this discretion, the City Council is not
permitted this discretion to deny a tentative map because in their
opinion there should not be growth in the area, or there are not
enough parks or schools. The Subdivision Map Act is constantly
changing and there are new provisions in there covering
• •
but there are many other things missing and
the Stateindrafting the Subdivision Map Act put the rights of the
property owner and the developer ......
The Subdivision Map Act represents the limitations upon which the
• developer as well as City Council and Board of Supervisors can act.
I submit to you that there is no substantial
evidence in the record before this Council which would justify
a denial of this map on any of the grounds set forth in the Subdivision
Map Act.
- 12 -
CITY COUNCIL Page Thirteen
Pub Hearing: DP #5 - TT #32339 - EIR 5/13/74
I would like to refer to one other item.
The Map Act indicates in Section 11552 that a governing body must
act upon the result of its..Advisory Board - the Planning Commission -
at its next regular meeting or within ten days, whichever is later
and if it does not act then the tentative map is approved in the
form approved by the Planning Commission. There is substantial
• evidence that this Board has not acted within the ten days or at
its next regularly scheduled meeting. The next regularly scheduled
meeting of this City Council, according to the best information
available to me, was April 8th. There was no action at the April 8
meeting. and that may well result
in the applicability of Section 11552 rendering the tentative map
approved by inaction.
Our client has been operating in good faith
for a period of one year or more, attempting to satisfy all the
desires of this community through its representatives, the Planning
Commission. The Planning Commission has asked on numerous occasions
for them to change their plans and they have done so. My client
has asked the Planning Commission and Planning Staff as to how they
interpret the various codes and they relied on those interpretations
and they have expended nearly $100,000 in moving this project to
the point it is at today. As you can see from the presentation made
tonight, it is a_very professional organization. They are not trying
to railroad a project without having.tbuse innovative thinking. They
have complied with the General Plan, Specific Plan, etc., and
filed a good Environmental Impact Report, acceptable to everyone.
So they have complied with the codes and they do not want any further
delays. They have accepted the conditions of the Planning
Commission and they are numerous.
The City has had ample time to review any
problems that may exist with this project and now is the time for
• approval. We have advised our client of his rights and we have re-
viewed the file as presented to the City Council, we are of the
opinion there is no valid legal reason to deny this tentative map
and we have so advised our client. They in turn have advised us that
in the event there is denial that we should proceed to file a Writ
of Mandate in Superior Court in order to overturn a wrongful
denial.
I would like to ask the City Council for
an opportunity to offer some rebuttal if necessary to any other
arguments that may be made - would that be in order?
Mayor Shearer: I have indicated in.my opening remarks
that you would be afforded the opportunity
to rebute. Is there anyone else that
wishes to speak in favor of the proposal?
Robert Jackson Mr. Mayor - as a point of order. In the
Planning Commissioner testimony just given it was pointed out
several times that the Planning Commission
had requested compliance. I am sure he meant the Planning Depart-
ment, and the record should so state that in several entries.
THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED.
• COUNCIL DISCUSSION.
Mayor Shearer: Mr..Wakefield, do you have any comments
with regard to the presentation made by
the attorney for the applicant?
Mr. Wakefield: Mr. Mayor and members of the City Council,
I would like to comment briefly with
- 13 -
CITY COUNCIL Page Fourteen
Pub. Hearing: DP #5 - TT-#32339 - EIR 5/13/74
reference to the point Mr. DeMarco made concerning the Subdivision
Map Act and its effect on.this.proceediiig. In this particular
matter our Planned Community Development Zone requires that the
proposed Subdivision Map be a part.of the application for approval
of the development plan. I am certain that the Subdivision Map
as proposed would be of no value to Covington Brothers or,anyone
• else if the development plan itself is approved or disapproved,
simply because the subdivision of land proposed could not be
accomplished by a development that did not meet the requirements of
the City's ordinances. The Subdivision Map in this particular case
is simply a part of the application for the approval of the
development plan;if the development plan is not approved then the
Subdivision Map actually falls. I am certain the developer would
not wish to come along and file a final map for a division of land
which would not be developed, it would simply mean the subdivision
would ultimately have to revert to acreage and be resubdivided to
conform to whatever development plans might be ultimately approved.
What is before you tonight is a matter of
determining whether or not the proposed development as outlined
conforms to the Master Plan Development approved for this particular
area and whether or not it meets the requirements of the PCD and the
MF-20 zone, which is the basic underlying zone which is applicable to
this particular proceedings. The MF-20 zone basically requires that
parcels of land beat least one acre in size. I think the problem
of conformity in this cease as_between the MF-20 and the proposed
development plan is obvious. It is for that reason I think that
the question as to whether or not the tentative subdivision map is
or has been approved is a matter of little importance. -If the
development plan is approved then obviously the gubdivision Map will
be approved because it is the means by which the development will
be carried out. If the development plan is disapproved then the
• Subdivision Tentative Map accomplishes no purpose either to the
developer or anybody else and it will fall accordingly.
Mayor Shearer: Thank you, Mr. Wakefield. Is there
Council discussion?
Councilman Browne: Mr. -Mayor, I will lead off with my first con-
cern that goes back to what Mr..Wakefield
stated - the MF-20 requirements, Section
9206.5C regarding Site Size reads: "Each lot or parcel shall have a
minimum area of one acre of land and a minimum width of 150'..... "
This is my prime concern on this whole project based on the criteria
set forth. If there is some discrepancy in our PCD and the
interpretation of our criteria going.back to the PCD Plan I think
we should take corrective steps so wehve no future reoccurrences
of this. Here we are considering a fee simple lot arrangement for
an individual development ofd851,.square feet and this was my prime
concern.
Mr. Wakefield: Mr. Mayor and members of Council, I don't
think there is any conflict between the
PCD provisions of our zoning ordinance
and the MF-20 requirements that were originally made applicable to
this particular development. The conflict arises in this case
simply because the developer has proposed a plan of subdivision for
• multiple housing units which varies from the traditional pattern of
apartment units built under the MF-20 ordinance. If the development
plan is approved then the City Council will ultimately have approved
a deviation from the MF-20 standards, but again that is a matter
within your own discretion. You accomplish that simply by approving
the development plan that is before you. If the development plan as
proposed is unacceptable then it is the prerogative of Council to
disapprove of it.
Mr. DeMarco: Mr. Mayor, may I have an opportunity to
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CJ
C�
0
CITY COUNCIL Page Fifteen
Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74
respond to Council's comments?
Mayor Shearer: No, the public hearing portion is closed.
.This is Council discussion only. I also
want to make this comment. We are not in a
court of law at this time and I hope we don't get into a court of
law. Council here is trying to exercise its job in determining if
this is a quality development and the type of development we want
in this City. I am not going to prolong a long legal discussion of
statistics, etc., things that I don't understand to begin with.
I think our Attorney has advised us that we have the prerogative of
approving or disapproving the development plan; we may not have the
prerogative to disapprove the tentative tract map but we do have the
prerogative to disapprove the development plan. In that regard we
will proceed with Council discussion.
Councilman Chappell: I have a question. We are talking about
the common driveways - as I understand it -
down the middle is the property line - what determines the fact that
it takes my wife or myself in order to get into, our garage the need
to move over into the next neighbor's driveway to turn into my
garage? Do we have a problem.here? Does it develop into something
that we are not visualizing now?,;
Mr..Wakefield: Councilman Chappell, the necessary easements
for ingress and egress could be provided as
a part of the covenant restrictions that are
applicable .
Mayor Shearer: I would like to call on Mr. Ryan, or
someone, to answer that question only.
Explain the common driveways.
Mr. Ryan: Yes, in the CCR's which must be approved
by the Planning Director and the legal
staff of 'West Covina, the ingress and egress
easements will be provided for, so we will not run into this problem.
Mayor Shearer:
also have the right
into your garage?
Mr. Ryan:
Councilman Chappell:
Mr. Ryan:
So if in trying to get into my garage I had
to drive on your side to make the turn and
if you were on the opposite side you would
to utilize my half of the driveway area to get
function of the building
lot needed.
Councilman Browne:
Mr. Ryan:
Councilman Browne:
Yes, that is right.
Before leaving, Mr. Ryan, the pictures
you showed us of several different locations,
were they all 85 square foot lots?
La Habra - basically built on the same
size lots. Others varied because they
are different building types. It is a
footprint that determines the size of the
Mr. Mayor, I have one other question. I
believe the guest parking location is
at the rear of the building?
That is true.
I took a trip down to one of your other
locations and I noted there were cars
parked in these common driveways on one
- 15 -
CITY, COUNCIL: Page Sixteen
Pub. Hearing:, DRP #5, _ TT ##32339, EIR 5/13/74
side which would.prohibi t access from cars on the opposite side. And
•this. would..not be a problem were the guest parking was not available
in the. rear-, In looking. at our pr.ob,lems within .our City most
multiple family problems are created.because of, creating problems
for maintenance and street sweepingservices; also I,noted that 90/
• of the curb parking was taken up by these comparable developments
and these are items of concern in our City and they do create problems
for the City and the neighbors. These are the things we look at and
we do require proper guest parking areas. I feel the guest parking
location suggested here is bad and is in adequate.
Mr. Ryan: The code requires a two to one ratio of park-
ing on site. As far::=.as the LaHabra Tract,
assuming there was parking in the area,
there is two ways we can go.. We are going to.have a Homeowners'
Association hopefully that will provide -against this. We are also
going to have the majority of the people purchasing resident members,
they can also police the area and as.you know it is illegal to park
in the alleys, so we have the police entity.which.comes in and takes
control. As far as parking on the street, it is.unfortunate.. I
would like to see some type of city code that could keep people from
parking on the street but maybe this is why cities require streets
to be the width they do. Maybe if the streets were brought.into 15'
widths it would not be feasible to park a car there. But to answer
your question, we have met code requirement of two to one on site and
if people park in the courtyards the Homeowners' Association will
contact them, and as a last resort, the police.
Councilman Browne: Even though you brought up the fact that
the police would be the last resort - this
is what I am against. We already have an
overburdened police department.
• Mr. Ryan: We do have two buffer agents before the
last resort - the Homeowners' Association
and the resident manager, or in this case
the individual property owners.
."Mayor Shearer: Mr. Wakefield, I am interested in the last
resort, in the utilization of this to enforce
parking on private property - can our police
force go in and give someone a ticket for parking on private property?
Mr. Wakefield: There are provisions in the vehicle code
that under certain circumstances and with
the consent of the property owners that in
certain commercial.. areas the provisions of the vehicle lode may be
made applicable in private parking areas and the provisions of the
code enforced. However, as far as I am aware there are no existing
laws which permit that to be done on a privately owned street or
area in a residential development.
Councilman Lloyd:
I know this is the same
• can be brought up before
Planning Commission.
Mr. Ryan, when we spoke before we talked
about the possibility of an increased
recreational area - swimming pool, etc.
plan because this is the only plan that
Council as a.result of the action of the
Mr. Ryan: Let me first describe what we are proposing.
We are proposing a cabana, a few gas
barbeques, a regular sized swimming pool
for the adults, a wading pool for the children, and a child's play
area. Each of these units have their own private patio. If you
Mi`�
CITY COUNCIL Page Seventeen
Pub. Hearing: DP ##5, TT #32339, EIR 5/13/74
would like we can change the size or change the cabana to a rec
building (gave size), however, I feel that most of the people
living here will prefer their own individual patio and home.
I would be agreeable to scratch the cabana and put in an adequate
size rec building which would contain a fireplace and a large hall
for meetings, etc.
Is Councilman Lloyd: Thank you. I have nothing further. I
don't understand how we all of a sudden
seem to be in a period of testimony.
I thought we were sailing along all right, so I don't understand
this heavy hammered approach. I thought the presentation was
outstanding and then all of a sudden I am told what I can or cannot
do and then I listen to our own counsel and I find myself wanting
to vote this down, which is not the basis of my consideration, so
I can maintain objectivity even in the face of that type of thing.
I understand the problems presented here and the problems Umark
faces in trying toget their land developed as rapidly as possible.
They have a tremendous financial involvement in this community and
as a matter of fact the City has an obligation in this respect and
certainly as a person who has made decisions on this Council I would
say that we have a moral obligation to listen very attentively to
what is proposed to us and to decide in the best interests of the
City of West Covina. In this case I thought that relationship was
a pretty good one, I wasn't under the impression that we had any
great overpowering problem.
Personally I understand the relationship
of the number of units and the 85 square feet of land, and in
listening to Mr. Wakefield I understand the rights of the Council
in making their decision. So let's talk about the merits of this
question. One of the problems this property faces is its proximity
to the BKK dump. We have had serious problems with regard to the
dump as far;as.odors. -I don't know the exact relationship between
•
the dump and this development, but there is no dispute if we bring
in people in any great number and we have an ongoing problem with
the dump then these people are going to be sitting right here in the
audience with other Mr. DeMarco's representing them and complaining
of the proximity of the dump. On the other hand I don't think the
dump problem will proceed into a problem, hopefully it will in time
develop into the park we hope to look forward to in future years.
I am impressed with the presentation made
in regards to the homes built elsewhere by Covington Brothers.
Those that you have been involved in according to the slides shown
have been very good ones. And certainly in comparison to Woodside
Village they meet every standard as far as I can see from the
pictures showed. I was impressed with the trees and the greenery
and the obvious intent of good livability features that you showed.
I then thought of all the things we might put in this area if we
say this isn't really what we want - we are seeking something else.
I was thinking what can I really get? So we face the problem of
not this then what? So on that basis and commensurate with the
limitations which have been placed by the Planning Commission and
the Planning Department I think the only technical device I really
want is some assurance that some highspeed salesman doesn't go out
on a limb in regard to the possible parks and school sites. I
want an ethical approach of selling this so that none of the pro-
blems that presently exist in Woodside Village will exist here. I
am interested in a good development in the City of West Covina and
I don't think this is bad. I have seen other developments in the
City that I voted for and frankly if I had to do it over again.I
would not.
- 17 -
CITY COUNCIL Page Eighteen
Pub. Hearing: DP #5, TT #32339, EIR 5/13/74
Councilman Chappell: Mr. Mayor, we did have one other area -
recreational vehicle parking. I thought
this was going to be enlarged or a new
proposal was to be made. Mr. Miller, can you enlighten me on this?
• Mr. Miller: The recreational vehicle storage is located
approximately in this location. (Pointed
out on displayed map)
Councilman Chappell: At our meeting previously we discussed for
this many units that seven didn't really
seem to be but a drop in the bucket and I
had heard through the grapevine that more spaces were to be added -
is that true?
Mr. Miller: As mentioned earlier in the evening the
only plan that can come before the Council
is that which was approved by the Planing
Commission. Modifications can be made to the.plan. Possibly
Mr. Ryan can answer the question more fully.
Mr. Ryan: Yes, in working with staff on one of the
plans we brought up they noted we did not
have any recreational ve hicle storage
areay,:dnd it is always hard to come up with how many spaces should
we have. In discussing with Mr. Miller we brought it back with seven
spaces, which looked like a good decision. With further meetings
with the City Council on an individual basis we got into the RV
storage problem and we attempted to come up with a ratio that would
be suitable. There is a project on Cameron and Azusa with 121 units
and 20 RV spaces; another project of 161 units with 22 RV spaces and
that works out to a ratio of 6.15 and the other two projects are
• ownership units. I don't know what the consumption ratio is for
people that rent, this is difficult to determine. What I would like
to propose since we are concerned with RV storage is an addition of
15. We would then be offering a total of 22 spaces. This is con-
sistent with the ratio evidenced in other projects thrughout this
community. The way we would work .it is on Lot 4, the lot above the
RV storage area now, would be turned into RV storage. Lot 4 would
have 15 spaces and Lot 5 would have 7 spaces. Hopefully this number
is acceptable to the �ity Council.
Councilman Chappell: Mr. Mayor, I made a trip out to the La Habra
project on Friday. There are a lot of good
things I saw out there. The buildings are
well maintained and they have an attractive look. There was just a
little bit of a problem with the common driveways and I think in
meeting with Mr. Ryan I brought this out a couple of times, that the
common driveway wasn't a good approach to private parking. When I
visited the LaHabra project is was during the day and the automobiles
were not in abundance as they would be at 6 or 7 P.M. in the evening.
In the project I saw and the films they showed it appears this would
be the type of development that would maintain its quality of
appearance through the years and this helped me to realize that this
proposed project isn't all bad, that is has some merits.
• I do feel a little like Councilman Lloyd,
when we saw the new innovation of the plantings and the way this
project was laid out, I thought it was all good, and.then the
sledge -hammer approach started me thinking of how many ways I could
shoot this thing down, but then I curtailed my feelings and
thought of what is best for the City. I would like to recommend to
Umark though that this really doesn't set too well with me and I
hope in the future we do not come up with this type of approach.
CITY COUNCIL Page Nineteen
Pub. Hearing: DP #5, TT #32339, EIR 5/13/74
Looking at the overall picture - Mr. Miller,
Our Planning Director, assures me there will be safeguards built
into this to overcome the deficiencies , such as that of the
maintenance area, the common driveways and that will alleviate some
of my problems. So with that reassurance maybe this project e-ould
• get off the ground. They have enlarged the concept of the
recreational area and they have given more space to the recreational
vehicle storage area. The parks themselves are additional land in
addition to what they had in La Habra, as I viewed it. I could be
wrong but it looks like there is a little more open space and
greenery here that would make this project even nicer than the one
in La Habra.
Mayor Shearer: Any further discussion? I think we have
pretty well expressed our feelings with
regard to the last presentation of the
hearing. It may have a place in some Councils but I don't think it
does in West Covina. I am almost afraid to vote in favor because of
this approach. I came here this evening after visiting both La Habra
and Huntington Beach this morning mulling over in my mind what else
could go in there besides this and I began to feel that the proposed
project was something that could be worthwhile until I was told
I had no choice, and then I wanted to go the other way, and so I had
to remind myself to consider it from the standpoint of the best for
the City.
I think the question Councilman Browne
brought up is valid, but I don't think it is unique to this
development. I drive through single family residential areas in
West Covina with the typical two car garage and I see a great number
of onstreet parking. We had a matter before us not too many weeks
ago where City Staff recommended we install "no parking" street
• areas and we had quite a turn out objecting to it. (Explained further)
As long as we have our code standard that says two is required until
such time as we amend that to three or four, which has been up for
discussion, but until that time we have to base our decision on
.the two to one ratio. So I am prepared to vote in favor of this
project providing the additional 15 vehicle recreational spaces are
provided, and if Councilman Lloyd wants to make the approval
contingent on the addition of a rec building in place of the cabana
concept, I would vote in favor of that.
Councilman Lloyd: I will make a motion for approval as per
the development plan incorporating the
recommendation as outlined by the City
Council for fifteen additional recreational vehicle storage spaces
and the addition of a recreational building.
Seconded by Mayor Shearer.
Mr. Wakefield: Mayor Shearer, that would in effect amend
Paragraphs 6 and 7 of the Planning Commission
Resolution No. 2522 to expand the recreation-
al building and provide fifteen additional recreatia al vehicle
storage spaces.
• Motion carried on roll call vote as follows:
AYES: Lloyd, Chappell, Shearer
NOES: Browne
ABSENT: Nichols
ORAL COMMUNICATIONS
(Mayor Shearer asked permission of Council
due to the late hour to move Oral Communi-
cations up on the agenda and to hear at
this time. Council agreed)
- 19 -
CITY COUNCIL
Page Twenty
ORAL COMMUNICATIONS
5/13/74
Fred Palmer,.Jr.
I have travelled all around this
Past President of the
County and I am also a member of
City of Los Angeles
our local group of Senior Citizens
and County of Los Angeles
of West Covina. I will say it is
Senior Citizens Group
the only one that I know of that has
•
to pay the rent for their group. The
place we are meeting in is the
Veterans' of Foreign Wars building which isn't a very nice building
for Senior Citizens to meet in
although we welcome it until we can
get a better one. As you know
we had an explosion there once and
it was only through the act of
God that only one person got killed,
others just got hurt.
I would like to bring out the fact that in
the other places around all the Senior Citizen Groups have the use
of public building places where they meet most of the time in
recreation park buildings, city halls or offices. This is the only
City I am sorry to say that doesn't have one place for the use of
Senior Citzens. I think it would be nice to have a place that would
hold two hundred to three hundred people - in a safe fireproof
building. There have been different ones that have told me you won't
get to first place in your request of City Council in the City of
West Covina - but really there is no reason why we can't have one in
West Covina. The Senior Citizens are not paupers, we are well
advised people and if you folks live long enough you will be Senior
Citizens - believe me! So I would like to have you think it over
and see if somewhere in this City we can't have a nice place to meet
in. We only .need it one day a week and it is a lot of help to
Senior Citizens that gan't get out and around and I am not speaking
for myself -.I am on --_the go all the while, I am all over the County.
But Senior Citizens look forward to going to one place.
• As you know Baldwin Park has this big
recreation hall in the School, Rowland -Heights has the new City Hall,
Covina meets in the Women's Club House, San Dimas has a place right
in the City Hall, and so on and so on, and West Covina does not
have one. I think it is -high time that we were getting one.
.. Sometime ago there was a certain amount of
funding allotted to the older people - they didn't say Senior
Citizens - but we didn't get any part of it. Maybe with what is
left they can start a building for us that will hold three hundred
people. Over here we are allowed two hundred people and we have a
membership of two hundred and fifty to three hundred, but of course
they are not always there at one time, which is a good thing because
the Fire Department takes care of that. Thank you, gentlemen, and I
hope to see you all in our new hall boon.
Mayor Shearer:
(Council asked to bring
Mayor Shearer asked the
prior to completing the
• Business - ZC #485, PP
be discussed now prior
And let us hope that all of us are not
Senior Citizens before we can accomplish
that.
Item F-1 up for discussion at this time;
City Attorney if this could be discussed
Public Hearing Item #2 - Unfinished
#657 and the City Attorney advised it could
to the Unfinished Business item.)
Mayor Shearer: Item F-1 a Bond Issue for construction of
a full purpose facility with multi -purpose
objectives. This is the item that
Councilman Nichols suggested about two meetings ago that this Council
consider placing on the ballot a bond issue for the consideration of
two things: 1 - the construction of a Senior Citizens Facility and
the other had to do with Street Improvements, which we will be dis-
cussing later in the agenda. At that time, Mr. Wakefield, you
- 20 -
CITY COUNCIL Page Twenty-one
ITEM F-1 (Bond Issue) 5/13/74
indicated in order to be on the November ballot we would have to
have a decision by August l2th Council meeting in order to have on
the ballot on November 5th. And at that time I assume we would
have to know the amount of the bond issue and sufficient details
to be able to come up with a design.
• Mr. Wakefield: What would be required at that time is
that you settle upon the amount of the
bond issue and the purpose for which the
bond issue would be passed. It is not required that you have
specific plans or even schematic plans for the structure, but you
need to have some idea of the size in order to determine the cost.
Councilman Lloyd: I think that there are some questions which
would have to be answered such as would
this building be solely for the purpose of
older persons and in the Staff Report received from the Recreation
and Park Department they speak of the cost of other such buildings
and roughly we are looking at a quarter of a million dollars.
(Briefly summarized contents of report pertaining to cost of various
buildings recently built seating from 150 to 200 people). The
size suggested for our City including the necessary items would run
$32 a square foot at a cost of $400,000. I would at least like to
see this investigated further by staff people. I would be delighted
to bring this item on the November ballot and let the citizens of
this City look at it.
I do agree that the VFW Hall is a fine
building but not a warm, friendly kind of place for people to gather.
So I think we have to give some consideration to this type of thing.
As you will know, Mr. Mayor, you and I have discussed this previously,
• and I would like to see something get underway that would be of
service to a segment of our society, so I would certainly support a
motion when the time comes to put it up for a Staff Study and
further consideration by the Recreation and Parks Commission for
putting this item on the November ballot.
Councilman Browne: I am certainly in sympathy with Mr. Palmer's
plea. I have felt for a period of years
that we need a facility that would not only
accommodate Senior Citizens but have multi -purposes. The Recreation
and Parks Commission has expressed this as one of their priority
objectives over the years. I, like Councilman Lloyd, would like
to see immediate efforts placed upon an economic study as to what
the cost of the building would be and possibly a brief plan of what
we can accomplish - I would wholeheartedly support such a motion.
Councilman Chappell: We have long needed such a facility and we
have a report before us from the Recreation
and Park Department covering the Blue Ribbon
Committee's Report of 1968 in regard to such a facility. I was
co-chairman of the Blue Ribbon Committee that year and in talking
with Councilman Lloyd a number of times on this subject we have
always felt some reluctance when we thought of going to the
public for a bond issue because we haven't had too great of a
success in the past in that area. The need is here for a multi-
purpose type of building, we would have to examine the cost further
for this type of building, and it is very possible that we could
put it over if we didn't try for too much. We have gone through
that before. One of the Blue Ribbon reports had a number of
recreational buildings mentioned, which I couldn't see us going for,
but one multi -purpose building has a potential. We still have the
fuel crisis with us and we have a large population of 18 to 20 year
olds coming into play with nothing to do and this type of a build-
- 21 -
CITY COUNCIL Page Twenty-two
ITEM F-1 (Bond Issue) 5/13/74
ing could be utilized in the evenings by them and on weekends.
The Senior Citizens indicate they only want the use of the
building once a week, although it could be arranged that they use
it at a minimum of two days a week. I would certainly support
• some sort of a move towards staff checking this out further and
bringing a report back. We might even get a basketball court in a
building of this nature. I have always envisioned a much bigger
building. When Mayor, we talked of having offices for the
Chamber of Commerce, the YMCA, the Red Cross, United Way, etc.,
all in that same building - dreams that didn't materialize. I am
certainly willing to vote for a study on it. Let's take the
bull by the horns - Councilman Nichols is very interested in this,
he would certainly like to see us get it off the ground.
Mayor Shearer: When we look at the need and equate it
to the cost sometimes we shudder. When I
came on the Council we had a 10(,4 park tax
imposed to raise the money to develop Galster Park and during the
time I have been on Council I have heard a lot of favorable comments
in that regard. So in playing around with a few numbers here, I
believe a 10(,4 park tax raises roughly $150,000 per year and bonds at
a maximum of 7/ interest - I don't know how many years it would take
to pay off a half million dollars but it couldn't be more than five
years, so we are not talking about a tremendous undertaking and I
think if we start small - I think that is where we have to be careful
and not make this into a large package. -On the last bond issue that
failed there were so many other things thrown in. I wasn't here at
that time so I don't really know the details but I understand there
were many items on the ballot. This could be paid off by no more
than a few cents increase in property taxes and it certainly wouldn't
be a 35 year obligation. Under this concept who knows but that in
• a few years this would be paid for and we could consider other needed
items.
I would like to see a motion made to direct
staff to come back through the Recreation and Parks Commission with
a more definite proposal, perhaps some definitive sites; and of
course time is of the essence.
Councilman Lloyd: I will make a motion to that effect, both
that consideration by staff be given to a
multi -purpose building bond issue so that
such action can be taken in time to be placed on the November
ballot.
Seconded by Councilman Chappell and carried.
(THE CHAIR CALLED A SHORT RECESS AT 10:19 P.M. COUNCIL RECONVENED
AT 10:25 P.M.)
HEARINGS - Cont'd.
UNFINISHED BUSINESS:
ZONE CHANGE APPLICATION LOCATION: 2222 West Garvey Avenue
• #485 - PRECISE PLAN OF (between Willow and Sunkist Aves.)
DESIGN ##657 - Mike Hanich REQUEST: Approval of a Zone Change
from R-A (Residential Agricultural)
and R-1 (Single Family) to S-C (Service Commercial); and approval
of a Precise Plan of Design for the construction of a recreational
vehicle sales facility (to include retail shops, service station,
restaurant, indoor and outdoor displays, and offices) on a 4.8 +
acre parcel. Denied by Planning Commission Resolution No. 2494
Appealed by.applicant. Hearing held and closed on October 91 19738,
and referred back to Planning Commission. Planning Commission set
22 -
CITY COUNCIL Page Twenty-three
Hearings: Unfinished Bus: ZC #485, PP #657 5/13/74
new hearing for 11/21/73 and held over to 4/17/74. (An Unclassified
Use Permit No. 190 was added to the hearing.) All applications
denied by Planning Commission Resolution No. 2525. Applicant
appealed Planning. Commission decision of 4/17/74 on 4/25/74.
OPTIONS:. 1) Council can either approve or deny Zone Change
• #485 and .Precise .Plan of Design #657; or
2) Set new Public Hearing for Zone Change #485,
Precise Plan of Design No. 657 and Unclassified
Use Permit #190 for TueAd�Ly May 28, 1974 at
8:00 P.M.
Mayor Shearer: This.is a carry over of the proposal by
.Mr. Hanich of some months ago, which we
referred back to -the Planning Commission.
The Council has two options. 1 - we can either approve or deny the
Zone Change as proposed, or set a new public hearing and go through
the advertising procedures, etc., setting it for the May 28th
meeting - is that correct, Mr. Wakefield?
Mr. Wakefield: Mr. Mayor, I think it would probably be the
first meeting in June - but you do have
those options.
Mayor Shearer: Is there Council discussion as to whether
we should dispose of this item this
evening or whether anything can be gained by
a further public hearing.
Councilman Chappell: Mr. Mayor, I don't have anything to say
other than I sat in at the Planning
Commission meeting when it was before them
and to get something going now I will move that we app.'ove :Plannikgq
• Commission Resolution No. 25251 denying Zone Change No. 485, Precise
Plan of Design #657 and Unclassified Use Permit No. 190. Seconded
by Councilman Lloyd and carried on roll call vote as follows:
AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
PUBLIC WORKS ITEMS - Cont'd.
TRANSPORTATION PLAN REVIEW (SCRTD, Schabarum Plan and SCAG
AND RECOMMENDATIONS short range plan)
(Council reviewed Engineer's report.('
Slides shown of proposed bus routes and explained by Mr. Zimmerman.
Summarized Staff Report dated May 10, 1974 and attached material.
Motion by Councilman Chappell that the City Council accept the
recommendations of Staff and the Chamber of Commerce and forward
them to the RTD, Supervisor Schabarum, SCAG, etc., showing our
thoughts and ideas of where the bus should run in West Covina.
Seconded by Councilman Lloyd.
Mayor Shearer: In the written Staff Report that we
received there is reference to a ultimate
• fixed guideway alignment and the suggestion
that we protest the alignment and request it to be located along
the most traveled, centrally located San Bernardino corridor. The
first slide that you showed on the fixed rail system, in order to
be filled approximately one hundred miles is conservatively going
to cost now several billion dollars, so perhaps trying to get too
concerned about the fixed rail system is not a problem at this time.
The question I was going to ask was on Item C of the recommendation,
- 23 -
CITY COUNCIL Page Twenty-four
5/13/74
Transportation Plan Review
because you suggested that we protest that alignment?
Mr. Zimmerman: Mr. Mayor, at this time the fixed rail
guideway has not been determined as to its
configuration whether it would be a rail-
road or some other kind of people mover. We would like to suggest
• that it coincide with the :San Bernardino Freeway. We already have
certain problems of noise in that area and it would seem to go along
with the possibility of a transportation center with its additional
traffic acid noise - all in one area.
Mayor Shearer: So then the letter of protest might not
be too specific but suggest that it be in
the area of the San Bernardino Freeway.
Motion carried.
CITY ATTORNEY
ORDINANCE INTRODUCION Mr. :Wakefield: Mr. Mayor and members
of Council, Staff
RE NOISE
is requesting the
(Held over from 4/22/74)
hold -over of this item until your
next meeting. I think we have a
problem at Staff level and there seems to be a filling that the
ordinance isn't needed at the present time, yet I think Staff feels
that it should be represented for further Council consideration.
I think what Staff is really looking for is an indication one way
or the other if Council really wants to consider it at this time or
hold in abeyance until there is a need for it.
Councilman Lloyd: Mr. Mayor, I feel there is a need for it
now. I would like to convey to Staff that
• as far as I am concerned I am personally
of the opinion we need some sort of a Noise Ordinance.
Mayor Shearer: I think - even though I spoke out
critically of the noise Ordinance - I do
think we need one. I asked for some
reports from cities that had such an ordinance and I understand
this is not yet forthcoming. I would be in favor of holding it over
for two more weeks. Perhaps we can come up with one that gets to
the heart of the problem that we are trying to control.
Motion by Councilman Chappell to hold this item over to the next
regular Council meeting for further information. Seconded by
Councilman Lloyd and carried.
ORDINANCE NO. 1246 Mr. Wakefield: Mr. Mayor and members
Urgency of Council, as you no
(Introduction and doubt have noted construction barricades
Adoption) are going up around the new construction
in the Phase I Redevelopment Area. I am
sure you have all seen the signs painted on the Bullock's con-
struction barricade. In order to control signs of that sort
Staff has recommended the adoption of an Urgency Ordinance which
puts some restrictions on signs and requires their maintenance
• in accordance with approved plans and requirements under the
present provisions of our Ordinance which permits certain informa-
tion on construction signs. The purpose of the Urgency Ordinance
is to really control the signs that can be painted or erected
upon construction fences in the commercial areas of the City
so there is no infringement upon the rights of the other merchants
in the area.
- 24 -
\,q
CITY COUNCIL
City Attorney Agenda
Page Twenty-five
5/13/ 74
ORDINANCE NO. 1246 The City Attorney presented:
ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
PROHIBITING THE ERECTION OF CERTAIN CON-
STRUCTION SIGNS UPON REGIONAL -COMMERCIAL PROJECTS EXCEPT THOSE
WHICH COMPLY WITH THIS ORDINANCE DURING A PERIOD OF STUDY NOT TO
EXCEED 120 DAYS AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT
IMMEDIATELY."
Motion by Councilman Lloyd, seconded by Councilman Browne and
carried, to waive further reading of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Browne and
carried, to introduce said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Browne and
carried on roll call vote as follows to adopt said Urgency Ordinance.
AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
MULTI -CITY SEISMIC
AND SAFETY ELEMENTS
AGREEMENT
you in your packets.
contract and authorize
Councilman Browne.
Mayor Shearer:
Mr..Wakefield: Mr. .Mayor and members of
Council, Staff has
recommended a proposed contract between the
City and EN.VICOM as outlined in the Staff
Report dated May 13, 1974 and presented to
The appropriate action would be to approve the
the Mayor to sign.
it kind of riles us. But
here - the State Law says
Elements.....
So moved by Councilman Lloyd, seconded by
I have a question. I guess that when
someone comes in and tells us we have to do
something whether they are right or wrong
I guess we really don't have much choice
we must have the Seismic and Safety
Mr. Wakefield: That is correct,'Mr. Mayor. This is one of
a series of elements which the legislature
has required be included in the General
Plans of Cities. The other is the Housing Element and those that we
have discussed previously. All are part of the total statutory
requirements for a General Plan. This particular proposal is in
effect a cooperative effort by four cities to obtain a single con-
sultant to prepare an element of the General Plan which will in
effect coordinate and correlate the elements in all four cities
so that we take advantage of the savings that results from an
overall study rather than a study as to each individual City.
The City's total contribution will not exceed $4200.
Motion carried on roll call vote as follows:
AYES: Lloyd, Browne, Chappell, Shearer
NOES: None
ABSENT: Nichols
• Mayor Shearer: I would like to suggest at this point
that we be.given a list - some sort of an
action list prior as to how staff is pro-
posing to accomplish these various elements - and what types of
elements the Council has to consider and some idea as to cost,
because if we are talking about approximately'$4,000 per shot and we
are talking about nine of them, I think, I would personally like to
see the complete picture. (Council agreed; Mr. Aiassa staff would
report.)
- 25 -
CITY COUNCIL
Page Twenty-six
5/13/ 74
THE MAYOR CALLED A RECESS .AT 10:55 P.M. fOR THE PURPOSE OF CONDUCTING
THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 11 P.M.
CITY MANAGER AGENDA
(Item 1 - Bond Issue, previously discussed under Oral Communications)
•
CAPITAL IMPROVEMENT Mr. Aiassa: Mr. Mayor, you have a
PRIORITY LIST Staff Report from the
Recreation and Parks
Department. I think this is an item that should be carried over to
our budget hearings. I doubt that Gouncil could pass on this tonight
because it is rather extensive and involves various other considera-
tions.
So moved by Councilman Lloyd, seconded by
Councilman Browne and carried.
COVINA-VALLEY UNIFIED Mr. Aiassa: Mr. Mayor, you have a
SCHOOL DISTRICT - Staff Report on this from
EXCESS PROPERTY the Recreation and Parks Department along
with a recommendation from the Recreation
and Park Commission recommending that the City Council authorize
the City Manager or his designated representative to enter into
negotiations with the Covina -Valley Unified School District for the
acquisition of the 14 acres of excess school property located on
Cameron Avenue between Grand and Barranca Avenues.
Mayor Shearer: Does this "negotiation" include the method
of payment?
Mr. Aiassa: Yes.
• Mayor Shearer: I have seen a method outlined where we
would obtain the property through some sort
of a lease purchase......
Councilman Chappell: Isn't this land in the County - can we
buy County land? Land outside of the City
limits....
Mr. Wakefield: The City is entitled to acquire property
outside the City Limits. The only dis-
advantage lies in the fact it is taxable
until such time that it is annexed to the City.
Councilman Chappell: So what we are asked.is to authorize the
City Manager to go in and buy this property?
Mr. Aiassa: No, just negotiate and see what the
prospects are.
Councilman Chappell: Well I will go along with the negotiations
but somebody is going to have to sell me
on the fact this is something we want for a
parksite, due to its location.
• Mayor Shearer. I am perfectly willing to have the City
Manager negotiate the terms of an agree-
ment but I feel somewhat the same way. Its
location plus the development costs. We are strapped to really
adequately develop some of the parks we have owned for years. We
are presently investigating the possibility of a bond issue to
build a building for multi -recreational purposes and we are con-
- 26 -
CITY COUNCIL Page Twenty-seven
City Manager Agenda 5/13/74
cerned how the voters will react to a tax increase of 8 to 10(�,
and now the consideration of more park property and in this location.
Of course one comment was made at the Recreation and Park Commission
level in reading the minutes "if it doesn't fly you can always sell
the land." But I do have some major reservations about this - but
perhaps if the price is right. So let's see what the price is.
Councilman Chappell: I thought we had a price - is that price
negotiable?
Mr. Aiassa: They gave us a flat figure - the options
available will be how we can buy over a
period of time and not have a cash outlay.
Councilman Lloyd moved the Staff Report recommendation from the
Recreation and Park Commission. Seconded by Mayor Shearer and
carried.
STREET REPAIR (Council received a Map without a legend;
BOND ISSUE Mr. Lippitt, City Engineer, asked to
explain ; and he briefly covered the
various colors of the Map explaining
the meaning. Red Streets are those recommended by the Street
Superintendent to be reconstructed. Green Streets are those
that have been overlaid in recent years or reconstructed. Yellow
Streets are the ones recommended for immediate treatment within the
next year or two.)
Councilman Lloyd: Mr. Mayor, I suggest we send a copy of this
map to the gentleman that spoke at our
last meeting - his name appears in the
minutes. (Council agreed)
Mayor Shearer: I read this report and although it isn't
specifically mentioned here Council
specifically asked for recommendation with regard to the Bond Issue.
Does staff have a specific recommendation as to the need of a Bond
Issue at this present time?
Mr. Zimmerman: Yes, Mr. Mayor. Staff has analyzed it
and we feel the resurfacing program as
presently constituted will take care of all
the severe problems we have for the immediate future. And we would
like to study the other things further. We have not updated our
Street Maintenance Program since about 1970 and we suspect it might
not be necessary, at least for the tertiary streets at this time to
go to a bond issue. However, funds for construction of new streets
has been very much reduced and our funds for that program are very
low. So we would like to study this further, there might be a need
for a Bond Issue.
(Council discussed the estimate for Hollenbeck and how high it was;
and what portion was to be done. Mr..Zimmerman brought out the
fact that some of the streets were being delayed because of the
need of storm drains and the street repairs or reconstructions
would not be made until after the storm drains were completed.)
• Mr. Aiassa: Relating back to Councilman Nichols pro-
posal, I think some of our streets are
delayed now because of the major storm
drainage which we cannot finance and it might be an advantage to
Council if my Staff puts together not only the street costs but
the storm drainage costs also.
- 27 -
•
•
•
CITY COUNCIL Page Twenty-eight
City Manager Agenda - Cont'd. 5/13/74
Mayor Shearer: I am a little concerned if we rush into
this, we already talked this evening of
moving ahead on one bond issue in a
rather modest amount for the construction of a facility, but now
we are considering coming in for Capital Improvements and Parks.
We do have a considerable amount of money coming in each year
for street improvements from the gas tax and if we try for too
much we may end up with nothing. So I feel from reading the
staff report that staff is sort of saying "hey we don't think we
need it right now". But I would encourage them to continue to work
on it. I would prefer to see us go one thing at a time - - very
conservatively. (Council agreed) I guess then there is no action,
just receive and file the report.
So moved by Councilman) Chappell, seconded
by Councilman Lloyd and carried.
LEAVE OF ABSENCE Motion by Councilman Lloyd, seconded by
REQUEST Councilman Browne, to approve the
Jerri-Lynn Webb recommendation of the Personnel Board that
Jerri-Lynn Webb be granted a six-month
leave of absence without pay beginning
May 15, 1974. Motion carried on roll call
vote as follows: AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
REQUEST FOR ONE
EXTENSION OF
EMPLOYMENT
Herb Sager
MONTH
Motion by Councilman
Herb Sager's request
May 14, 1974 through
as follows:
Mr. Aiassa: To the written Staff
Report is attached a
copy of the Rules and Regulations that
permits us to do this and the City Attorney
agrees.
Chappell, seconded by Councilman Lloyd, to grant
to allow him to work beyond age 65 from
June 281 1974. Motion carried on roll call vote
AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
CITY MANAGER Motion by Councilman Lloyd to authorize the
ATTENDANCE TO LEAGUE attendance of the City Manager to the League
OF CALIFORNIA CITIES of California Cities Revenue and Taxation
WORKSHOP SESSIONS Workshop Sessions at Pacific Grove on
June 6 and 7, 1974, expenses not to exceed
$100.00. Seconded by Councilman Browne and
carried on roll call vote as follows:
AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
AUTHORIZATION FOR Motion=byacouncilman Chappell to approve
COMMISSIONER ROBERT the request from Commissioner Robert Bacon
$ACON TO ATTEND U.C. to attend the Short Course for Planning
SHORT COURSE FOR Commissioners seminar at the University of
PLANNING COMMISSIONS California, Berkeley, on May 31 and June 1,
1974, at a cost not to exceed $150.00.
Seconded by Councilm an Browne.
Mayor Shearer: I would like to point out that Mr. Bacon
is a practicing attorney in this community
and I am sure if he is going to donate
two days of his time to attend this seminar that it is well worth
while because he could stay home and earn well over $150 per day.
CITY COUNCIL
City Manager Agenda
Motion
AYES:
NOES:
ABSENT:
•WEST COVINA ADMINISTRATIVE
INTERN PROGRAM
(Informational Report)
Page Twenty-nine
5/13/ 74
carried on roll call vote as follows:
Browne, Lloyd, Chappell, Shearer
None
Nichols
Mr. Aiassa:
show that we
sidized the
with interns and they are doing an excellent
he keeps working at it will have them all on
programs - it is one of the best programs we
showing excellent results for us.
Mr. Mayor, this is
a final report to
the City Council to
have considerably sub -
operation of the City
job. Jeff Butzlaff, if
student training
have had and they are
Motion by Councilman Lloyd, seconded by Councilman Chappell and
carried, to receive and file informational report.
APPROVAL OF BUDGET (Council discussed; Councilman Lloyd stated
SESSIONS SCHEDULE if the schedule is adhered to he can make
all of his commitments; Councilman Browne
stated he might have a conflict on May 29th.)
Mr. Aiassa: Mr. Mayor, why don't we tentatively adopt
the schedule and then if we run into a pro-
blem we can adjourn to another date.
Mayor Shearer: Unless there is a major objection let's go
ahead with this schedule. Remember
Mr. Aiassa, to remind us on the 22nd to
adjourn to the 23rd, etc.
• SENIOR CITIZENS CLUB Mr. Aiassa: Council has received a
MAILING LIST letter requesting this
list. It is against our policy to release
the names and addresses of people.
Mayor Shearer: We don't seem to have a copy of the letter
request, but I would like to see the
Council establish a policy that the City
does not furnish "mailing lists" to anyone that we have access to.
I don't think that is a function of the City. If someone wants a
list of the Senior Citizens I think they should go to the Senior
Citizens Group for that list.
Motion by Councilman Lloyd that the City does not release mailing
lists to anyone; seconded by Mayor Shearer and carried.
MAYOR'S REPORTS
PROCLAMATIONS Mayor Shearer: If Council has n@
objections I will -pro-
claim the following:
"National Insurance Women's Week" - May/1925, 1974; "National
Public Works Week" - May 19/25/74; "Correct Posture Month" - May/74;
"National Transportation Week" - May 12/18/74; and "March of Dimes
Healthy Baby Week", May 12/18/74. (No objections. So proclaimed,)'
RESOLUTION NO. 4879
ADOPTED
Mayor Shearer: I have been contacted
#2, which is the 1974 State
what this proposition does
portion of the 25/ matching
agencies of federal money.
by the Committee in
support of Proposition
Clean Water Bond Issue. Basically
it supplies through State funding a
fund required in order to avail local
What this Bond Issue would do is
- 29 -
CITY COUNCIL Page Thirty
Mayor's Reports 5/13/74
assess the local agency by half of that or 122% and still require
the local agency, such as the County Sanitation District to provide
121-2/. I am personally recommending to Council that we take action
in support of this proposition.
• The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA,CALIFORNIA, SUPPORTING
THE 1974 STATE CLEAN WATER BOND ISSUE."
Motion by Councilman Lloyd, seconded by Councilman Browne and
carried, to waive further reading of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Browne, to adopt
said Resolution and carried on roll call -vote as follows:
AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
COUNCILMEN'S REPORTS/COMMENTS
Councilman Lloyd: We have received a report from Mr. ,Zimmerman
in regard to Glendora Avenue and I am not
satisfied with the answers received. I
certainly do not set myself up as an expert on traffic flow or
things of that sort, but I really do believe this is an issue which
merits our attention. The merchants on Glendora Avenue are beside 1
themselves with the fact +
I would make a motion that Staff reopen
negotiations with the Department of Transportation regarding the
• Glendora Off -ramp.
Seconded by Councilman Browne and carried
on roll call vote as follows:
AYES: Lloyd, Browne, Chappell
NOES: None
ABSENT: Nichols
ABSTAIN: Shearer
Mayor Shearer: I will add, if there is anyway possible it
will be worked out, but I am not sure it
can be.
Councilman Lloyd: I have been in attendance with the Valley
Association of Cities, which concerns
itself with the boarded up empty houses
that have been a big problem, particularly in the City of Pomona,
and in a lesser degree in Laverne, Claremont, Chino, West Covina
and so on. We have forty at the present time in West Covina and it
now takes on a very important accent in our City aesthetically.
The problem is the HUD people simply are not allowing them to go
back on the market and in the meantime they are boarding them up
until they are fixed up. And it seems as though you are in a much
better position if you want to buy say 40 of them than if you
• wanted to buy one house. Have you all received copies of the
contractural releases?
We are not committed to the expenditure
of City funds at any time. It is like a districting of cities to
bring pressure to bear on a governmental agency to be more attentive
to the needs of the people and get these houses off the market
totally or get them rehabilitated and back on to the market so
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CITY COUNCIL Page Thirty-one
Councilmen's Comments/Reports 5/13/74
they are sold as quickly as possible. I ask that we be involved in
this effort and that I.. be appointed to act as Council liaison.
Mayor Shearer: There is no commitment of funds at this
point?
Councilman Lloyd: None and that should be in the motion.
Mayor Shearer: I would be in favor of designating
Councilman Lloyd to act as Council liaison
in regard to the matter of Boarded up
houses, working with the Valley Cities Association, at no cost to
the City.
So moved by Councilman Chappell, seconded
by Councilman Browne and carried.
Councilman Browne: Mr. Mayor, I have an item that I wish to
discuss that Councilman Chappell is
also familiar with. Over the last two months
I have been the recipient of telephone calls regarding obvious
odors permeating the air in our City. It seems it is coming from the
BKK dumpsite through their negligence or poor planning and not
adhering to the permit underwhich they are operating. I have received
as high as 27 telephone calls from persons complaining and on two
occasions I have called the City Manager to take a trip with me to
the dumpsite to investigate. Once was right after the Council meet-
ing on April 22. May 9 I received a telephone call at 6:30 in the
morning alerting me, which they didn't have to do I smelt it myself,
so I contacted Mr. Zimmerman and we visited the dumpsite and the
odor was very apparent. Back on March 26th I received a letter from
• one of the principals in the operation indicating they were operat-
ing under deficiencies and they would come into compliance.
As an elected official representing the
people of West Covina I am obligated to look into this matter.
Councilman Chappell has received calls of a similar status and
at this point I expect to go home and have calls waiting, because
it always happens on a Council night. I think Council should direct
staff to take some measures here. We have BKK's option request
coming up before the Planning Commission soon and I feel we should
request that the Planning Commission hold a hearing, giving the
required notices, etc.
I know it is a necessity for a dump
operation and our City happens to have one; however, I feel we
are getting the burnt of the commercial chemicals from other
counties and cities that are not even accepted by the Sanitary
Land Fill in Palos Verde. One of the items we discovered the
other morning was a load of jelly fish and this was definitely
causing an odor. And one of the other areas from which odor is
emanating - they are drilling holes to dispose of these chemicals
into and they go down some 50 to 75 feet with these drillings and
the materials that come up are decomposed - causing odor, and it
hits two distinct neighborhoods. I also checked the Woodside
• Village Area and those people when they have a reversal of wind
get the same odors.
I would ask George Zimmerman to relate
some of the conditions that we have found and some of the steps
that the City probably should take to try and insure that the
residents of our City are not subjected to these odors.
M-1m
CITY COUNCIL Page Thirty-two
Councilmen's Comments/Reports 5/13/74
Mr. Zimmerman: The dumpsite is a Class I site and it should
not produce odors. We are assured by
officials of the County Sanitation District,
who are the engineers that set up the requirements and procedures
for the County operation, that it should not produce odors if
• operated in a proper manner. So we are really chagrined to find
that we are not able to fully settle this issue. We do inspect
to see that it is covered up each night before the workers go home,
but then sometimes loads come in between 7 and 8 and maybe it is
too late, we are not too sure on'that.
All I can say is that we will continue to
make every effort possible to bring about an early conclusion as
soon as possible. On Friday we had several members of the
Air Pollution Control District in our office talking to us and we
are working with them to every extent possible and hope we can
control the matter shortly. We really thought we would be able to
do that prior to this time.
Councilman Browne: I thought we had effectively reached some
solution or agreement on March 26th when we
received the 3 page reply from the operators of BKK and we are now
well into the month of May and it is still going on. We have groups
of citizens forming to protest and they want answers., Perhaps we
can follow the City Attorney's suggestions and directions here and
request the Planning Commission to hold a public hearing to afford
these people an opportunity to come forth and speak. Certainly
we want BKK to come into compliance with the conditions set forth
in their present operating permit.
Mayor Shearer: Assuming a public hearing is set, what
does that ultimately lead to or what can
• it....?
Councilman Browne: According to the City Attorney unless they
comply - suspension of the landfill
operation until they do comply.
Councilman Chappell: We have been told by the Sanitation
people that it isn't necessary to have
these sites smell so if the Sanitation
people were out last Friday have they made any recommendations?
Also I was told through the grapevine that the Sanitation
Landfill, also a Class I site, refuses things which finally end
up in our site and if this is so and this is also a Class I site
then I say we can turn the same things down and they shouldn't
come into our dumpsite at all. Someone is being negligible - if
they turn things down then we should turn the same things down.
Mr. Zimmerman: The Sanitation District do two types of
restrictions. They restrict the total
volume going into their site and they also
make selective choices of what goes in. This has not been done at
our site. It has been operating on the basis of the Class I permit.
This would be a possible point for action and we would expect to
attempt to work these things out with the Air Pollution Control
District.
Councilman Chappell: Do we know for a fact that trucks do not
come in at 1 or 2 in the night and dump
things on the ground and leave it lay there
till morning? It did happen - and there is nobody there to cover it
up?
I don't want to close that dumpsite - that
m3ew
CITY COUNCIL
Councilmen's Comments/Reports
Page Thirty-three
really isn't my thought, but if the Sanitation District can have a
no smell dumpsite in a Class I then we certainly can do as well as
they can.
Councilman Browne: I think the Sanitation District has a
certain ratio of filteration to liquid
waste in their operation and I think it is
completely different in ours..
Mr. Zimmerman: Speaking in terms of information from the
County Sanitation District operators
we are told that they have about 20%
of liquids being filtered in in relation to the amount of solid
waste going in. We are more than double of that at our site.
(Explained in further detail)
Mayor Shearer: Isn't it correct that a Class I dump - the
owner of the dump can refuse items if he
so chooses that he is under Class I allowed
to accept?
Mr. Zimmerman: That is correct.
Mayor Shearer: In the case of the BKK operation then I
guess it is a matter of economics.
Mr. Wakefield, is the suggestions that
Councilman Browne made - is that a step that has to be taken in
what is called due process in order to get some wheels rolling
along this line? We have talked and talked and in my opinion it is
time to get off the talking step and get into the action stage.
Mr. Wakefield: This is the first step which the County
• could take to compell compliance with
the conditions in the conditional use
permit. It is a due process requirement. We don't have the
authority to revoke the conditional use permit without giving the
operator
As Councilman Browne indicated the Planning Commission can simply
order the suspension of operations until they are in a conditicmn of
compliance with the conditions or if that is impractical then the
conditional use permit could be revoked.
I think the Council should understand that
the Air Pollution Control District has initiated proceedings to
file a petition for an Order of Abatement which is designed to
require that.the sanitary landfill be operated without producing
offensive odors. I was informed by the County Council that things
are now in the process of preparing the filing of the petition
and that the date of the hearing will probably be the latter part
of June. It is the Air Pollution Control Board's practice to
schedule what they call a conference meeting Frith the interested
parties before the actual date of the hearing simply to explore
the problem and ascertain what can or :cannot be done. It is my
understanding that in a proceeding of this sort that the hearing
Board would undoubtedly rely upon the recommendations of the County
Sanitation people with respect to the necessary procedures or
controls necessary to control the odor problem. If the Order of
Abatement is issued by the Hearing Board then violations of that
order are subject to a heavy fine and a criminal penalty.
I think it is a situation in which both
proceedings can go along concurrently, that is the proceedings on
the part of the City and the Planning Commission, and the pro-
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CITY COUNCIL
Councilmen's Comments/Reports
Page Thirty-four
5/13/ 74
ceedings before the Hearing Board of the Air Pollution Control
District.
I mentioned the fact the. proceedings are
• being initiated by the Air Pollution Control District primarily
for your own information so you will be aware of what is being
done in an effort to resolve the problem, but specifically then
the first step in any proceeding in which the City may take is
the directing of Notice and a Hearing before the Planning
Commission. If the operator is dissatisfied with the
determination of the Planning Commission then he has the right of
appeal before the City Council.
Mayor Shearer: There would be no problems? Would that
in any jeopardize either one of the
proceedings?
Mr. Wakefield: In my opinion it would not. I think the
two types of controls are separate.
That is the Air Pollution Control District
is concerned entirely with odors; the City has issued a
Conditional Use Permit with a number of conditions and one of those
conditions relates to odors, but there are many other conditions
included as a part of the conditional use permit. The net result is
if as a result of the hearing the operation is suspended then the
landfill operation would be closed down until they are able to comply
with the conditions of the permit or the permit could be revoked
entirely.
Mayor Shearer: I think we probably talked enough, starting
back in March, and I think it is time that
• we take some positive steps and I would be
in support of a motion covering the suggestions made by
Councilman Browne. I would like for the record to state that I for
one am not particularly interested in discussing with anyone any
talk about the extension of their permit, which is about to expire
very shortly, or revisions to their existing permit, or anything
else connected with the landfill operation until we resolve the
problem of the odors. I don't want to see the landfill operation
leave, I think it is a very vital part to our economy, not only in
West Covina but the entire area, but I think there is an obligation
on the part of the operator, whom I think is making out quite well
financially..... So I will vote to support Councilman Browne's
suggestion.
RESOLUTION #4848 Councilman Browne presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, REQUESTING THE PLANNING COMMISSION TO GIVE THE
REQUIRED NOTICE FOR A PUBLIC HEARING IN REGARD TO THE CONDITIONAL
USE PERMIT AUTHORIZING THE OPERATION OF A SANITARY LANDFILL."
Motion by Mayor Shearer, seconded by Councilman Browne and carried,
to waive further reading of said Resolution. Councilman Lloyd
abstained from voting.
Motion by Councilman Browne, seconded by Councilman Shearer, to
adopt said Resolution. >, C,.
Councilman Chappell: Mr. Mayor, a question. We are going to
have the Planning Commission have a
hearing with the idea of revoking the
conditional use permit?
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CITY COUNCIL
Councilmen's Comments.& Reports
Page Thirty-five
5/13/ 74
Mr. Wakefield: The Planning Commission has the right
to revoke it in the first instance and then
the operator or owner would have the
right of appeal to the City Council and the City Council would then
set a public hearing date so the operator or owner can present their
• side of the matter to the City Council.
Mayor Shearer: One further question. If the Planning
Commission should find that there had been
violations in the past but had perhaps
been corrected would they be under any obligation to revoke the
permit if the corrections had been made?
Mr. Wakefield: If the corrections had been made then
there would be no basis for revocation even
though there had been violations in the past.
Councilman Chappell: Who is going to determine whether these
violations have been taken care of? We
are going to have to get some professionals
in here? I am not looking to close the
dumpsite, I am looking for assurance and action that it will be
run without any more smells.
(Some discussion followed on the heading of the Resoluti(mn and
its intent.)
Mr. Wakefield: Perhaps the title of the Resolution may be
a little misleading but the substance is
to request the Planning Commission to give
the required notice and set a hearing to determine whether or not
there are violations and if violation of the conditions have
occurred whether or not these violations warrant the suspensirm of
the operations under the conditions of compliance or whether other
conditions should be applied. The substance of the resolution is
simply to give direction to the Planning Commission to obtain the
facts and if a case is made that a land fill operation can be
conducted without offensive odors with the addition of conditions
then those conditions could be established and imp osed as a result
of that hearing.
I am no expert in these matters but I am
sure with proper supervision and proper operation of this site that
it -is not necessary to have odors and that it can be conducted
without odors.
Councilman Chappell: We have some facts already. The Air
Pollution Control District has already
cited them and they are going to court
on it, so we have at hand the fact that they have violated the
conditions, and it appears to me as this Ordinance is written
that we are going to close that site because they have violated
the conditions of compliance.
Councilman Browne: Can't there be a section placed in here
relative to their complian.ce......
• Mayor Shearer: I think that was the question I asked
of Mr. Wakefield - regardless of viola-
tions if at the time of the hearing they
had taken corrective action and Mr. Wakefield indicated the permit
could not be revoked.
Councilman Chappell: If I were on the Planning Commission and
received that Resolution from the Council
- 35 -
CITY COUNCIL
Councilmen's Comments/Reports
Page Thirty-six
5/13/74
and found out the Air Pollution Control Board had cited them and I
found out they had had violations of the conditions applied I
would vote that they close, and that really isn't our intent here.
I could be tired and missing the point.....
• Mr. Aiassa: I think, Mr. Mayor, that Mr. Wakefield
should clarify one thing. The Air Pollu-
tion Board will cite them for pollution
and I believe what Councilman Browne is referring to is the odor,
which is in violation of a condition.
Councilman Browne: I believe there should be a section in
here that says if they come into compliance
and so forth - that should be a condition
in this Resolution.
Mayor Shearer: Maybe we have fouled up on the wording.
Mr. Wakefield: Mr. Mayor, just two quick comments. I
think Councilman Chappell has a valid
point, that the language of the resolution
should be clarified to make it clear that the intention of the
City Council is that the Planning Commission determine if there
have been violations and if the method of operation has been
sufficient to eliminate the problem and if so then perhaps they
have to insure that the operation continue without odors and if
that isn't done then give consideration to whether suspensions
of the operation should be required until that is accomplished
and if nothing significant is changed then perhaps the conditional
use permit should be revoked.
Councilman Chappell: That perhaps doesn't have the benefit of
• all of our lengthy discussion on the thing
but I think with that last addition
Mr. Wakefield has clarified it.
Mayor Shearer: Mr. Wakefield, would it be proper for us
to go ahead and vote on the resolution?
Mr. Wakefield: I have changed the resolution and we will
have it retyped so it is proper for you to
go ahead and vote on the motion.
Motion carried as follows:
AYES: Browne, Chappell, Shearer
NOES: None
ABSENT: Nichols
ABSTAIN: Lloyd
Councilman Chappell: Have any of you received the information
from the Independent Cities on the dues
structure proposed for the following year?
I am having it reproduced for you, but let me explain a bit.
The Independent Cities are asking for a higher dues schedule to
allow them to do some lobbying and other efforts that the contract
cities do with their organization which provides them with some
of the advantages that we are not providing ourselves. We have
been paying approximately $500 because of the size of our City
and with the new recommendation it is so our aasessment
would be $120. I would like this information reproduced so we can
discuss it at our next meeting prior to this meeting. I have been
assigned to take Oouncilman Nichol's place at this meeting and you can
then instruct me on how to vote on this.
- 36 -
. CITY COUNCIL - Page Thirty-seven
Councilmen's Comments/Reports 5/13/74
Mayor Shearer: One further thing - I was asked to remind
Council Saturday is the Annual Police
Inspection and we are invited to participate.
. DEMANDS Motion by Councilman Chappell to approve
Demands totalling $618,110.98 as listed
on Demand Sheets C970 through 975, B623A
and 624A. Seconded by Councilman Lloyd and carried on. roll call vote
as follows: AYES: Browne, Lloyd, Chappell, Shearer
NOES: None
ABSENT: Nichols
•
ADJOURNMENT Motion by Councilman Chappell, seconded by
Councilman Browne and carried, to adjourn
meeting at 12:10 P.M.,.to May 22, 1974 at
6:30 P.M. at Stark's Restaurant, joint
meeting with the City of Covina to discuss possible Department
mergers.
ATTEST:
CITY CLERK
APPROVAL:
MAYOR