01-27-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
JANUARY 271 1975.
The regular meeting of the City Council called to order at 7:30 P.M.
In the West Covina City Council Chambers by Mayor Chester Shearer.
The Pledge of Allegiance was led by Bill Springemann, Chris McCullough,
Mark Faulkner, Scott -Wallace and Matt Truax, members of Boy Scout.
Troop #823 sponsored by the West Covina Firemen's Association.
The invocation was given by Councilman Gary Miller.
ROLL CALL
Present: Mayor Shearer; Councilmen: Browne, Miller,
Chappell, Tice
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
George Zimmerman, Public Service Director
Leonard Eliot, Controller
Michael Miller, Planning Director
Ramon Diaz, Ass't. Planning Director
John Lippitt, City Engineer
Allen Sill, Chief of Police
Janet Williams, Administrative Analyst
Mitch Gutierrez, Administrative Aide
Eric Cohen, Staff Reporter - Sentinel
Mark Landsbaum, Staff Reporter - S.G.V.D.T.
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) Los Angeles County
Department of Health
Copy of letter to State Board of
Corrections and Attorney General re
Annual Inspection of West Covina City
Jail. (Receive and file and refer to
Staff)
b) Frank De Pietro Copy of letter to John Lippitt, City
2320 Wayne Avenue Engineer, re Chamber of Commerce's pro -
Los Angeles posed Garvey Avenue name change, object-
ing to the proposed change. (Receive
and refer to City Engineer and Chamber
of Commerce.)
c) James D. Driscoll, Re Assembly Concurrent Resolution No. 220
Chief Clerk - Assembly, re medical examinations of rape victims.
California Legislature (Refer to City Attorney for report)
d.) West Covina Invitational Requesting a contribution in amount of
Independence Da0y Parade $1750 toward 4th of July Parade budget.
Committee (Refer to Staff)
e) City of Hope Requesting permission to conduct fund
raising campaign on Sunday, June 8, 19754,
and waiver of Charity Solicitation
License Fee. (Approved in prior years.
Recommend approval.)
1 1.
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
f) Keith A. Lord
2640 Greenleaf Ave.,.
West Covina
g ) Arthur Sanborn
Sanborn Theatres
2504 E. Workman Avenue
West Covina
2. PLANNING COMMISSION
Summary of Action
3. RECREATION & PARKS COMM_
Page Two
1/27/75
Copy of letter to Mayor Shearer object-
ing to an action taken by the Rowland
Unified School District Board re a
connection between Gemini Street.and
Shadow Oak Drive. (Refer to Planning
Staff)
Re annexation of a parcel of property
situated in the City of Covina. (Refer
to Staff)
January 15, 1975. (Accept and file)
Summary of Action January 141, 1975. (Ad3. reg. mtg.)
(Accept and file)
(For Action Items refer to City Attorney's
Agenda Items E-6, E-71 & E-9)
4. PERSONNEL BOARD
Minutes December 12, 1974. (Receive and file)
(For Action Items from 1/14/75: Refer
to City Attorney's Agenda Items #E=5 -and_:,
E-9; :.City- Manager! s Agehd.a .Items.:G=3 c
and d. )
5. HUMAN RELATIONS COMM.
Summary of Action
January 2.3, 1975. (Hold over)
6.
YOUTH ADVISORY COMM.
Summary of Action
January 141 1975. (Accept and file)
January 211 1975. (Accept and file)
Minutes
January 7 and 141 1975. (Receive and
file)
(For Action Item from 1/21/75 refer to
Mayor's Agenda Item I-1.)
7.
ABC APPLICATIONS
Chief of Police recommends NO PROTEST.
a)
Robert E. DeBartolo
dba IN AND OUT MARKET
560 E. Rowland Ave.,
516-18 S. Glendora Avenue
#B-4
b)
William S. Green
dba VILLAGE LIQUOR
24382 Totuava
1523 E. Amar Road
Mission Viejo
Albert J. Green
14757 Rockhill Dr.,
-Hacienda Heights
Marie Green
918 Beacon, #3041 L.A.
8. CLAIMS FOR DAMAGES FILED WITH CITY CLERK
a) State Farm Insurance on behalf of Insured Colleen McShea re
traffic accident 12/15/74 at intersection of Lark Ellen Avenue
and Badillo Street due to malfunctioning traffic signals.
(Deny and refer to City Attorney and Insurance Carrier)
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It }
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
Page Three
1/27/75
b) Fred J. Mullennex, Jr., 520 E. Florence Avenue, West Covina, for
damages to water line caused by parkway tree roots. (Deny and
refer to City Attorney and Insurance Carrier)
09.
CITY TREASURER
Report for Month of December, 1974.
(Receive and File)-
10. TRAFFIC COMMITTEE MINUTES January 211 1975. (Accept and file)
(Council requested Items I-b, d and g withdrawn for further dis-
cussion.)
Motion by Councilman Chappell to approve Consent Calendar items with
the exception of Items I-b; d and g. Seconded by Councilman Browne
and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
ITEM I-b (Councilman Tice questioned the letter re
the renaming of Garvey Avenue; Mayor Shearer
.explained this matter will eventually return
to Council for a public hearing prior to any
change. Councilman Tice removed his request
for withdrawal of the item.)
ITEM I-d (Councilman Tice inquired as to how much was
actually budgeted for the 4th of July Parade
and was the Committee aware of what was
budgeted? Mr. Eliot advised $950. as in prior three years, and the
budget for 1975-76 has not yet been discussed and that the setting of
the new budget would take care of any advance request found necessary.
Councilman Tice said he would like to know the reason for such a large
amount requested over and above what was requested in the past years -
$800.)
Joanne East, Chairman Mr. Mayor and members of Council, I believe we
W.C. Parade Committee noted how we expected to spend the funds in the
letter, but I was not aware the amount allocated
was $950. In the past we.received $800. and
this has been the same amount for the 5 years I have been working on the
Parade. Things have gone up and one of the items that has increased
very much is the transportation fees needed for bands that we would be
hoping to entice to our Parade. This was one of the areas we were
rather short in last year. (Explained fully) We would like to have
4 or 5 bands and the transportation cost has gone up sharply over the
last year. It has been customary according to where they come from to
receive $150. to $250. We would also like to have the Huntington
Police Motorcycle Group in our parade as they were for one or two years.
They always send a letter giving the information they would like to be
in but there -is insurance and travel expense involved and we had to re-
gretfully turn them down last year because of lack of funds. They are
the same group that leads the Pasadena Rose Parade.. Also this is for
the 1975 Parade and we are at this time working along the same lilies
we expect to work in 1976 in anticipation of the Bi-Centennial
Celebration. 1974 was a very good parade and we donrlt want this year's
parade to be an "also ran thing". And the cost of trophies and all
materials have risen along with our desire to update the parade.
Either the parade grows and is indeed a tribute to the city or it
becomes something less and less each year so it has to grow.: and in
growing it is.costing a little more.
(Councilman Tice asked 'if the service groups wore asked to help out
with donations and Mrs. East said yes and they have participated -
some have as a regular thing sent in donations but unfortunately not
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1 a
CITY COUNCIL Page Four
CONSENT CALENDAR ITEMS - Cont'd. 1/27/75
all do. All were contacted by mail last year and the Committee hopes
this year to contact many personally. Council felt perhaps with a
more concerted effort some of the difference might -be made up and
then ouncil could be contacted with a request for the difference.
Mrs. Est pointed out that last year they received some trophy
donations and it is hoped this year that this.idea would grow.)
Mayor Shearer: I think the reason it is here in January was
due to a discussion I had with Mrs. East and
due to.a misunderstanding on my part with
regard to the budget. So perhaps it would be best to take no action
at this time and.give the Parade Committee time to raise money from
the community and as the time gets closer then come back with a
status report on their success or failure and we would thEn consider
it at that time. Mrs. East, I would suggest that you get back
with your Committee and evaluate what you would like to have for the
1976 Parade which would be the figure that would go into our next.
budget which we will be discussing probably'in April and May and
present this figure to Council for our consideration.
Councilman Tice moved the Mayor's suggestions as stated; seconded
by Councilman Browne and carried.
(Mrs. East asked for the exact time for presenting a status report
and the Mayor advised perhaps in the middle of May and for the 1976
Parade that figure should be in by the first of April.)
ITEM I-g (Councilman Miller asked if in the City's
building codes there was a minimum seating
capacity for movie theatres and the Planning
Director advised there is none. Councilman Miller said in reading
this item over he would ask Council's consideration in the future to
stating a minimum seating capacity because without it the City will
probably end up with many small theatres which would cause problems.
Mr. Aiassa explained this one is proposed as a back to back theatre
like Wescove. Councilman Browne stated this is the coming thing
as f ar�as theatres are concerned and he was not against it; asked
Mr. Aiassa if staff is in touch with the City of Covina to see if this
meets with their approval and Mr. Aiassa advised staff was now pro-
jecting how best this could be done because this involves an annexa-
tion and a de -annexation. (Explained.)
Motion by Councilman Browne to comply and approve the original
recommendations of Staff on items I-d and I-g. Seconded by Council-
man Miller and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
GENERAL AGENDA ITEMS
AWARD OF BIDS
BID NO. 75-29
COMMUNICATIONS
STATION
LOCATION: San Jose Hills, south side of
REPEATER Galster Park.•
opened and read.
Council asked to
hold over to next
Bids received in the Office of the Purchas-
ing Agent up to 10:00 A.M. on Wednesday,
December 181 1974, and thereafter publicly
Held over from 12/23/74 and 1/13/75 to this date.
review Controller's report and approve request to
regular Council meeting.
Motion by Councilman Chappell, seconded by Councilman Tice, to hold
over this item to -the next regular Council. meeting.
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CITY COUNCIL Five
F
AWARD OF BIDS: 475-29 Page age 5
(Mayor Shearer stated the bids were originally opened December 18 -
is there a problem in timing in regard to the awarding of the bid?
Mr. Wakefield explained - no problem in timing, it is due to resolv-
ing some of the technical problems that relate to the site. Before
the equipment is purchased the City wants to know.it has.a site to
erect it on.)
Motion carried.
PUBLIC WORKS
PRECISE PLAN OF DESIGN LOCATION: AZUSA Avenue, north of Norma
NO. 660 Avenue.
KACHUCK ENTERPRISES, INC. (Council reviewed Engineer's report)
Motion by Councilman Chappell to authorize the release of 90/ of
Cash Deposit of $1750 for street improvements; seconded by Council-
man Browne and carried.
DRAINAGE PROBLEMS LOCATION: Sunkist/Van Horn Area and
Citrus Street area.
(Council reviewed Engineer's report)
Motion by Councilman Chappell to authorize the City Engineer to take
informal bids for Alternate No. 2 and report back to the City Council
with the bid results; seconded by Councilman Tice and carried.
LIST FOR FISCAL YEAR 75/76 Motion by. Councilman Chappell, seconded
OF RAILROAD GRADE CROSSINGS by Councilman Browne and carried, to
IN NEED OF SEPARATION. receive and file informational report. -
(Informational)
PLANNING COMMISSION
TENTATIVE TRACT MAP NO. 30231 LOCATI.ON: South of Shadow Oak Drive and.
GLOBAL WESTERN DEVELOPMENT/ west of Nogales.Street.
UMARK, INC. REQUEST: Approval of a tentative tract
of .250 lots within the Woodside Village
Planned Community Development Zone No. 1
(Development Plan No. 7), on a portion of a 147+ acre parcel.
Recommended by Planning Commission Resolution No. 2571.
(The Planning Director briefly summarized Staff Report dated 1/15/75
and Planning Commission Resolution No. 2571. Displayed maps explained.
Councilman Miller questioned the privacy factor and this was explained.
Councilman Browne said he attended the Planning Commission hearing
and the Commission pretty well went over all of this and placed condi-
tions thereon to cover. He felt the end result is a development unit
that will be comparable to the surrounding community.)
Motion by Councilman Browne to approve PCD-1, Development Plan 71
Tentative Tract No. 30231; seconded by Councilman Miller and carried.
PUBLIC HEARINGS
ENVIRONMENTAL QUALITY Proposed Environmental Quality Element
ELEMENT OF THE GENERAL of the General Plan of the City of
PLAN - CITY INITIATED West Covina setting forth policies and
programs for Open Space, Conservation,
Scenic Highways and Recreation. Recommended by Planning Commission
Resolution No. 2565. (Proof of Publication of Notice of Public Hear-
ing in the West Covina Tribune on January 16, 1975 received)
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CITY COUNCIL
PUBLIC HEARINGS: EQE
Page Six
1/27/75
Ray Diaz, Mr. Mayor and members of Council, prior to
Ass't. Planning Dir., going into a summary of the Environmental
Quality Element (EQE) I would like to preface
my remarks by stating at the. outset of our General Plan updating pro-
gram it became apparent that the Open Space, Conservation, Scenic
Highways and. Recreation should be brought together in a context which
reflected the intent of planning and zoning law and which would be
related to a rational classification of the natural resources and
resource programs. Staff's primary concern was that the description
of each element*in the law involve lists of components which would
combine natural resources in definitive terms and management programs.
It should be noted that the overriding consideration of the EQE was
that it not only be internally consistent but be correlated with the
policies and proposals of all other elements of the City's adopted
General Plan. I believe we have achieved that objective in the
documents you have before you this evening. (Explained the work
program followed prior to adoption of Planning Commission Resolution
2565.)
In summarizing the element I would like to go
through: 1 - the Hillside Protection Program; 2 - the area of con-
servation and the fire protection program; 3 - the recreation policies
and programs; 4 - the area of scenic highways. (Explained in detail
the Hillside Area covered by the Hillside Overlay Zone stating the
element recommends that grading be prohibited on slopes over 12 degrees,
or 5 to 1; establishment of slope density standards. On slopes of 30%
or more a minimum of 10 acre site; slopes of 30% or less, 2 acre site.
Pointed out a typographical error in the appendix portion where the
resolution indicated on slopes of 30% or.less "a 20 acre site". That
should be a 112 acre site." It is recommended that cluster development
be prohibited on the Hillside Overlay Zone area combined with a low
•density single family development standard and prohibit development
in areas of unstable conditions. These areas;:iwould be pinpointed or at
least generally designated by the City's Seismic and Public Safety
Elements now being completed. In the area of Conservation, primarily
fire protection, the EQE would recommend that a water tank be con-
structed at Galster Park and after review by the Fire Department
perhaps a sprinkler system be included; that fire breaks be
established in the hillside areas and a recommended plant list be
adopted. The general feeling in talking with the Fire Department
and landscape architects is that people generally plant material in
the hillside areas that can cause erosion control problems and con• -
tribute to fire hazards. Staff thought rather than having a program
which would order people what to plant in hillside areas we would
establish an educational program to tell the people exactly what types
of plant materials are available that are low maintenance and can
serve as erosion control and fire protection. It is recommended that
structures on hanging overslopes be prohibited. In the area of
recreation the first important policy recommended is for the City to
adopt the establishing of a standard for neighborhood parks, calling
for 1/6th to a 10 acre neighborhood park serving 6500 to 7000 persons
with a half mile service radius and excluding from this criteria
the PCD zone. As a=.result of this criteria it is recommended that
new neighborhood parks be established.in the Sunset/Farmington.
area; on Cameron Avenue west of Grand; and that some type of
facilities be established at Hollencrest School. In addition the
City will be receiving three neighborhood parks as a result of the
Master Plan of Development for Woodside Village.) (Referred to
maps on the display board and explained what is being proposed in
the General plan for 1990 and what is being amended.)
We also recommend Community Parks be
established throughout the City in a ratio of 1 to every 20,000
persons and distributed in a manner that each area is serviced by
a Community Park. It is proposed that a park standard of at least.
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CITY COUNCIL Page Seven
PUBLIC HEARINGS: EQE 1/27/75
20 acres be established "at Orangewood Park, Cortez Park, north of,
the SB Freeway at Palmview Park. It is also recommended that a bike
trail in the Flood Control Channel be established and hopefully
connect with those in other cities to create a sub -regional bike
• trail in the San Gabriel Valley and eventually connect up with the
bike trail in the San Gabriel River Basin and eventually hook up to
the St. Francis Dam.
Scenic Highways.- staff looked at this as
an opportunity for West Covina to designate certain roadways within
the city as important roadways which. would receive a greater amount
of landscaping and this would include Azusa Avenue, West Covina
Parkway, which would be called Urban Scenic Highways, the extension
of Maplegrove across Azusa Avenue, extension of Citrus as well as
Hollenbeck. Staff feels in giving special treatment to these streets
when entering West Covina you would immediately know you are in the
City of West Covina and this would assist us in establishing identity
as the Headquarters City of the San Gabriel Valley.
The adoption of this element is not an end in
itself, it is not the conclusion but rather a beginning. It is not a
Council statement to staff that the work is now finished but rather a
directive to staff to begin to implement those policies and programs
set forth in this document.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE ENVIRONMENTAL
QUALITY ELEMENT OF THE GENERAL PLAN. -THERE BEING NO PUBLIC TESTIMONY
FOR OR AGAINST PUBLIC HEAPING CLOSED. COUNCIL DISCUSSION.
(Council members felt this was quite a large volume of material and
they needed more time to study it in further detail.. It was agreed
to be held over with the Public Hearing reopened for further public
testimony. City Attorney advised this would be in order.)
Motion by Councilman Chappell to hold over to the next City Council
meeting the Environmental Quality element of the General Plan with
the Public Hearing reopened. Seconded by Councilman Tice and carried.
ORAL COMMUNICATIONS
Charles Krix I would like to take a few minutes to speak
(Business) about smog as it affects the City and most
215 N. Azusa Ave., specifically the current flap over the smog
West Covina device law which affects the City of West
Covina as much or more than any other area
in the L.A. Basin. If I may, there are 7, copies of a State Air Re-
sources Board sheet here and I have underlined the one paragraph that
I think is important to you gentlemen. There was also a letter which
I think can be distributed to you later, sent out by the President
of the Coalition for Clean Air, in which he detailed the progress
of this whole affair as it transpired over a period of several years.
This is available to you from the City Manager's office.
This. California Air Resources Fact Sheet is
something that has been in all Class A Service Stations, garages,
and any place that can install smog devices. it is'an item that
should be readily available to the public, however unfortunately
it isn't. It summarizes what the Nox Device Law is. Smog is caused
by the reaction of nox and hydro carbons in the sunlight. A lot of
people aren't aware that those are the two elements of smog and that
is it. It doesn't matter what else you throw in.
The 1966/70 model cars have an exhaust
which eliminates hydro carbons but they have no nitrogen oxide con--
- 7 -
CITY COUNCIL Page Eight
ORAL COMMUNICATIONS - Cont'd. 1/27/75
trols. That is why this law was thought up in the first place. All.
the current devices reduce nox by 42/0 or more. By law the cost of
an installation is limited to $35. Devices and related service can
amount to less.
• Briefly here is the facts that concern you people.
The Nox Program is designed to immediately reduce air pollution.
It isthe most readily available option to do this. (Explained)
This means that a-ma,n that puts this device on his car will be doing
twice as much in terms of what he is doing for cleaning up the air
as a man that has bought a brand new 1974 car. The gasoline con-
sumption may vary as little as 1% or less with some devices. The
devices not only reduce nox by a minimum point of42% but also reduce
hydro -carbons by 25% and carbon oxide by 13/ over and above what the
car is being already reduced by the device already on it. If all
the 1966 to 70 cars are equipped in this basin with the device this
.year 100 tons of carbon monoxide pet day will be removed from the
air each day. 80 tons of that in the L.A. County area. There were
no cases of engine damage and no significant changes in the drivabil-
ity in the 800+ state vehicles equipped with these devices according
to an ARB report dated January 9, 1974.
Most important to the City of West Covina, you are
probably aware that the County of L.A. lost their suit against the
ARB to stop the mandatory phase of this program because of
supposedly discrimination against these 6 counties and to clear up
this business about devices and do they cause smog, as a part of
this trial there was a deposition submitted by a ---------------
who is the head of the Emission Research Chemist Product Leader in
the center for Environmental Protection Agency for the government
and he is the man who wrote the book on which the LAPCD head based
his testimony on the devices contributed to it by the fact we were
producing nitro -oxide but not hydro -carbons at the same time.
This was the thrust to clear up that point, the thrust of the
testimony given by the L.A. County Control Board, was not that the
devices themselves caused smog but because the program was slanted
to reduce nitrogen -oxide and not reduce hydro -carbons in the
exact proportions - one to one - therefore, it might create a
problem. The man who wrote the book gave his testimony at the
trial which the County lost and it says "Contrary to the L.A. County
contention, control of nox is comparable to the control to be effect-
ed by the nox - - program and only have a beneficial affect on the
quality of air in the south coast air basin." Here is the important
thing to the City of West Covina - -.the same evidence suggests
that areas,:_downwind from L.A. areas in the eastern portions of the
south coast basin will probably receive the maximum benefit affected
by the nox reduction program.
I would submit this for your consideration, whether you
want to take a stand of endorsement on the program or do nothing, but
don't be misled by some of the testimony which is not based on
factual testimony, it would be a very beneficial program to the
.City of West Covina and surrounding area.
SMayor Shearer: Thank you. This may come to you as a surprise, but
the City Council of West Covina has taken a stand
in support of this issue - repeal•of the law.
Obviously sometimes we can change our minds, but Council has taken
that stand before your presentation.
(Questions and answers followed between councilman Tice and
Mr. Krix. Councilman Tice asked Mr. Krix if he had any direct
conversation with.the LAPCD and he said "no, but I have read the
testimony." Councilman Tice said he was in favor of the repeal
CITY COUNCIL Page Nine
OPAL COMMUNICATIONS - Cont'd. 1/27/75
of the law and stated his reasons.)
Mayor Shearer; Mr. Krix, we appreciate your concern. It is
obvious from the discussion that there is
•major disagreement. We can pick up any paper
and read of the major disagreement. If Council wishes to pursue this
further - although I think it is a little deep for the City Council -
although obviously it is of deep concern to the citizens. (Council
indicated they did not wish to get involved in a matter that they
really were not experts on.)
Leroy Williams (Representing a group of Citizens present
509 E. Michelle in the Council Chambers)
West Covina We would like something done about the
conditions that exist on our street. This
evening when we left there were no less than
6 cars parked on the street at one single family residence. There
has been as many as 9 cars parked taking up space and ruining the
City streets because they all leak oil. We would like to know what can
be done to prohibit.overnight parking on this street. The police.have
been called many times and I realize they only come when they are
called - they mark the cars and as soon as they leave the cars are
moved and then come back and stay for another 3 or 4 days. We would
like to know what we can do, that is why we are here. The oil
is ruining the city street, it is starting to eat up the asphalt.
(Reported that a boat was parked in the yard, along with many car
parts, etc.)
Mayor Shearer: Mr. Williams, I am not that familiar with the
various laws but I believe the law says if a
car is not moved in 72 hours it can be tagged
and if the car is moved it complies with the law. In regard to the
boat on the lawn - Mr. Aiassa, can that be cited under some provision?
Leaking oil on the street - I know at one time it was illegal to leak
water on the streets in this City and we took care of that situation.
It seems that anything that is being done that causes excessive damage
to city streets should be abated - do you have a suggestion,
Mr. Aiassa?
Mr. Aiassa: I*would suggest that Mr. Williams get together
with the Chairman of the Traffic Committee and
the Chief of Police. Both are present tonight,
and they can then report back to Council.
Mayor Shearer: With regard to the ban on overnight parking -
this has been discussed a number of times in
the past on the part of Council and been re-
jected. One of the many problems there is that you can't ban over-
night parking just on the guy who owns 9 cars. If you ban overnight
parking it affects the City, and that is where the problem for the
five of us up here begins to surface.
Mr. Williams:
Couldn't there be
some type of law that they
have to move the cars
the street sweeper
off the street when
comes through? We were
six -weeks without even
having our gutters
swept.
Mayor Shearer:
Mr. Wakefield, you
might do some research
on this. We have
laws in the City as to
the humber of dogs
a single family can have,
the number of foster
children you can have
in your home - is it
possible we can have
a law that would be constitutional
that would
limit the number of
vehicals that could be
owned.iby a family living
in one residence -- single
.family. Mr.. Wakefield,
can you look into
this problem. I am
sure this is probably
a problem in other spots
in the City also.
CITY COUNCIL
ORAL COMMUNICATIONS - Cont'd.
Page Ten
1/27/75
In the meantime, Mr. Williams, if you would check with
Mr. Zimmerman on the question of dripping oil, boats in the yard,'etc.,
Mr. Wakefield will study the possibility of an ordinance controlling
this. (Mr. Wakefield said he ��n uld be glad to work with staff.)
FRed Clark I live ri
904 E. Michelle complains
West Covina gentlemen
wish I co
could look over the fence. It is
yard. Automobile,parts of all so
with grease, and all that junk bri
wish any one of you gentlemen cou
residents in some parts of West C
not right. We all have a decent
if we wanted to live in a pig pen
said they bought that home becaus
.night. j
Resident I have a
912 E. Michelle transact
West Covina that the
from my
their statements with regard to
had any trouble with bugs before
have had to have an exterminator
ght next door to the people we are
ng about. I am certain all of you
are trying to run a clean city. I
uld invite you to my yard so you
la pig pen - an automobile junk
its which are naturally contaminated
ngs in rats, spiders, flies. I just
ld look at it and see what the
ovina have to put up with, which is
home and try and keep it decent and
we would have bought one. They
e they can park on the street over -
home the time and date of a sales
on of a used part that I witnessed
sold to somebody. I observed this
ome. I can substantiate very much
he filth in the back yard. We never
but since they have moved there we
- they have degraded the neighborhood.
Mayor Shearer: The most ICouncil can do tonight is to instruct
staff, as we have, to investigate the matter
to see ii there are violations of existing
ordinances and if there are to institute the necessary abatement process
under the due process of law. We have also instructed the City
Attorney to investigate to see if something might be done in regard
to the parking.
(Resident.of.912 made one further, statement: The Fire Department
has been out there several times but nobody every answers the door
when they are there. Resident at 908 E. Michelle went on record
agreeing with statement made.)
Mr. Aiassa: Mr. Mayor - with regard to the junk in the
backyard - this will also be turned over to
the citv's Abatement Bureau.
(THE MAYOR CALLED A RECESS AT 8:�45 P.M. COUNCIL RECONVENED AT 9 P.M.
CITY ATTORNEY
ORDINANCE NO. 1262 The City Attorney presented:
(Urgency) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA, CALIFORNIA, AMENDING SECTION
6235.6 OF CHAPTER 2 OF ARTICLE VI OF THE
WEST COVINA MUNICIPAL CODE, RELATING TO
BUSINESS LICENSE FEES APPLICABLE TO CERTAIN
COIN -OPERATED VENDING MACHINES AND AMUSEMENT'
DEVICES."
Motion by Councilman Chappell., seconded by Councilman Miller and
carried, to ,waive full reading of said ordinance.
Motion by Councilman Chappell to introduce and adopt said urgency
ordinance; seconded by Councilman Miller and carried on roll call
vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
- 10 -
CITY COUNCIL Page Eleven
CITY ATTORNEY- Cont'd._ 1/27/75
RESOLUTION NO. 5002 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, GRANTING A
VARIANCE (VARIANCE APPLICATION NO. 711 - QUIEL
BROS. SIGN CO. - MANDY WILLIAMS OLDSMOBILE)"
Motion by Councilman Browne, seconded by Councilman Tice and carried,
to waive full reading of said resolution.
Motion by Councilman Browne, seconded by Councilman Miller, to adopt
said resolution and carried on roll call vote as follows:
AYES:. Browne,Miller, Tice, Shearer
NOES: None
ABSENT: None
ABSTAIN: Chappell (Due to a conflict of interest)
RESOLUTION NO. 5003 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, DISAPPROVING
PRECISE PLAN OF DESIGN NO. 665 ( H. A. GEIB)
Motion by Councilman Browne, seconded by Councilman Miller and carried,
to waive reading of resolution.
Motion by Councilman Browne, seconded by Councilman Miller, to adopt
said resolution and carried on roll call vote as follows:
AYES: Browne, Miller, Tice, Shearer
NOES: Chappell
ABSENT: None
RESOLUTION NO. 5004 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
AMENDMENT NO. 2 TO PLANNED COMMUNITY DEVELOP-
MENT NO. 1 AND THE ENVIRONMENTAL IMPACT REPORT
WITH REFERENCE THERETO. (Umark, Inc.)
Motion by Councilman Browne, seconded by Councilman Miller and carried,
to waive full reading of said resolution.
Motion by Councilman Browne, seconded by Councilman Miller, to adopt
said resolution and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
ACTION ITEMS FROM PERSONNEL BOARD MEETING OF JANUARY 14, 1975:
(The City Attorney advised the next 5 resolutions may be moved on
all at one time, if Council so desired.)
RESOLUTION NO. 5005 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CLASS
SPECIFICATIONS FOR T14E CLASS OF SUPERINTENDENT
OF RECREATION AND COMMUNITY SERVICES,
ESTABLISHING THE SALARY RANGE, AND SPECIFYING
THE CLASSIFICATION AS EXEMPT."
RESOLUTION NO. 5006 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, RECREATING THE
CLASS SPECIFICATIONS FOR THE CLASS OF PARK
SUPERINTENDENT, ESTABLISHING THE SALARY RANGE
THEREFOR, AND SPECIFYING THE CLASSIFICATION
AS EXEMPT."
CITY COUNCIL
CITY ATTORNEY - Cont'd.
Page.Twelve
1/27/75
RESOLUTION NO. 5007 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA, CALIFORNIA, APPROVING CLASS
SPECIFICATIONS FOR THE CLASS OF ASSISTANT
COMMUNITY REDEVELOPMENT COORDINATOR, ESTABLISH-
ING SALARY RANGE THEREFOR, AND SPECIFYING THE
CLASSIFICATION AS EXEMPT."
RESOLUTION NO. 5008' "A RESOLU`.I'ION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CLASS
SPECIFICATIONS FOR THE CLASS OF COMMUNITY
PLANNER, ESTABLISHING THE SALARY RANGE
THEREFOR, AND SPECIFYING THE CLASSIFICATION
AS EXEMPT."
RESOLUTION NO. 5009 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CLASS
SPECIFICATIONS FOR THE CLASS OF MECHANIC AND
ESTABLISHING THE SALARY RANGE THEREFOR."
Motion by Councilman Tice to waive full reading of, the foregoing
resolutions. Seconded by Councilman Browne and carried.
Motion by Councilman Tice to adopt said foregoing resolutions. Second-
ed by Councilman Miller and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
PROPOSED CAMERON AVENUE Mayor Shearer: I was present at the meeting
PARK SITE of the Recreation and Parks
Commission. This matter, as
Councilrecalls, was referred to the Recreation and parks Commission for
further consideration as a. result of some of the provisions of the agree-
ment that the Covina Valley Unified School District approved and forwarded
to Council for our execution. My main concern which was shared by members
of Council, was the payment of a lease fee of $16,500 while waiting
further.appraisal of the property due to some of the requirements of
Proposition I. The agreement called for us, in addition to paying this,
to guarantee that regardless of the appraisal that we would pay at
least $130,000 or the appraisal price, whichever was higher. The
Recreation and Parks Commission after considerable discussion on the
matter voted 4 to 1 to recommend to Council that we not execute the
agreement. The Commission did not take a position with regard to what
they might recommend to us if at such time in the future the property
was still available and 4:e had money available - they might still be
in favor of purchasing the property. They did not take the position
that they did not feel this was not a good park site. Their vote was
placed primarily on the fact of paying $16,500 to guarantee that the
property would be available at some minimum price but not a maximum
price, that this was not good business. (Explained further)
In the meantime if the School District does
not find a buyer probably sometime in September or October with cash
in hand and if the property is still available it could be considered
at that time. The problem we are faced with is that there has to be
an appraisal made after the State approves our request to utilize the
City's portion of the bond money which won't be until September,
possibly October. Under the law we cannot utilize that money to pay
off any commitments or agreements that were made prior to them.
approving the money. Once the approve the proposal then it has to
be appraised. The School District says fine, but in order to hold
the option to purchase, $16,500 is the price.
- 12
•
CITY COUNCIL
CITY ATTORNEY - Cont'd.
Paqe Thirteen
1/27/75
Motion by Councilman Tice not to execute the agreement for the
proposed Cameron Avenue Park Site; seconded by Councilman Miller.
(Councilman Chappell asked if staff will indicate the reasoning of
Council. when contacting the School District and the Mayor stated
a letter should be prepared for his signature outlining the reasons.)
Motion carried.
SUNSET SCHOOL CITY Mr. Wakefield: Mr. Mayor and members of
FACILITY Pouncil, the actions
(Staff Report) recommended by staff are
outlined on the agenda and the staff report
indicates there is a substantial difference
between -the two appraisals, one made on behalf of the City and one
made on behalf of the School District. In effect what staff
recommends is that a third appraiser be hired and the fee be split
between the School District and the City.to attempt to resolve the
obvious discrepancies in the two appraisal reports. And the third
item would be to authorize Frank Sata to proceed with the preliminary
plans for the auditorium facilities.
Mayor Shearer: Item A is to accept the appraisal of
Verne Cox - I assume this thing becomes a
matter of public record, although the price
is not down here - is there any problem in accepting this?
Mr. Wakefield; No, there is no problem in accepting the
appraisal report and authorizing payment.
.Mayor Shearer: My understanding is that the appraisal price
from Mr. :Cox for Sunset School is $619,700.
The West Covina School District has not made
public the results of their appraisal.
Motion by Councilman Chappell to pay to Mr. Verne Cox the sum of
$1650.'for an appraisal and accept same; seconded by Councilman Tice
and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
Councilman Chappell: Mr. Mayor, prior to acting on Item b, I have
a few questions. Is it a violation of law
that representatives of two bodies sit down
and see if they can work out some sort of a compromise?
Mr. Wakefield: Mr. Mayor - no violation of law is involved.
It is simply the practical problem that exists
when two public agencies attempt to deal with
each other in a situation like this. The School Board and the City
Council each being respectively charged with acting in the best
interests of their own entity these kinds of conflicts do arise. I
think the recommendation for the appointment of a third appraiser
is directly not so much at arriving at a third figure but simply to
attempt to reconcile the differences in the two appraisal reports,
and hopefully all three appraisers could then come back with a
recommendation as to the fair market value of the school site and
it would then be up to the City Council and the School Board to
negotiate a satisfactory resolution to the matter.
Councilman Chappell:
We paid $1650 for our
School. District paid
and now we are being
appraisal, the
something for theirs,
asked to pay half of
- 13. -
CITY COUNCIL Page Fourteen
CITY ATTORNEY - Cont'd. 1/27/75
$2800 for a third appraiser. Is there someone else that might give
us a lower bid than $2800. to make this third appraisal?
Mayor Shearer: And along that same line - has any contact
been made with the School_ District or are we
unilaterally saying we want to hire
Mr. Whittlesey - as the report says he is acceptable to the two
appraisers but is he acceptable to the School District and are they
amenable to paying half the price? (Mr. Aiassa advised "we have a
commitment from the School District to that effect.)
(Councilmen agreed with Councilman Chappell -
to try for a sit down talk first.)
Councilman Chappell: Mr. Mayor - do we visualize the fact that
we would even raise the $6191000 that our own
appraiser has come in with? Is this so far
out of line - if it is then I say we negotiate with the School District
for a much lesser price than even our appraiser has come in with
rather than abandoning the project after paying half of the cost of the
third appraisal. We may have come up with a figure that is unattainable.
Councilman Browne: I think too we have to take into consideration
Item 3 - where we are being asked to approve
Frank Sata's fee of $12,000. Right now I think
we are biting off more than we can chew. I think we should do some
negotiating with the School District to attempt. to evaluate the two
prposals.
Mayor Shearer: Mr. Wakefield, can the two bodies by law meet
in a joint session to discuss this or would we
have to designate a committee of.two to meet
with the School District?
Mr. Wakefield: No, the two bodies could meet together in a
joint session at such time as might be mutually
agreeable.
Mayor Shearer: I would suggest that the two bodies as a whole
meet to explore this. I think we might as well
get it out in the open - - we have a considerably
diversion of appraisals and people in the community have raised the
question that we paid for that school site once why do we have to pay
for it again? I recognize and appreciate the position of the School
District but these are some of the questions the people are asking so I
think we might as well get together collectively if agreeable with the
School District and make the offer and if accepted fine, and if rejected
we will just let nature take its course.
Motion by Councilman Chappell to invite the West Covina School District
officials to meet with City Council and discuss this matter.
(.Councilman Chappell further stated prior to the meeting he felt we
should get our resources together as to what we can or cannot do.
With. -an election coming in March - I don't know how they will feel -
they have three openings. )
Motion seconded by Councilman Tice and carried.
(Mayor,Shearer said he would contact the Chairman of the School
Board.)
Motion by Councilman Chappell to hold up the additional. expenditure
to Frank Sata for the preliminary design work until Council has
- 14 -
CITY COUNCIL Page Fifteen
CITY ATTORNEY - Cont'd. 1/27/75
a meeting with the West Covina Unified School District, unless staff
has some good reasons why we 5.houldn't.
Mayor Shearer; The reason why we should or should not is tied
in with the election we have in May - the bond
issue, if we should go that route. My feeling
at this time is drop completely the discussion of the gymnasium to go
on a piece of property that we don't know whether we are going to be
able to pay for or buy. I think if we can arrange the purchase of the
property, or a lease arrangement, that will be a big enough bite for us
to take at this time. There are facilities there that can be utilized
as they stand with some modifications and remodeling. I would go along
with the motion not just necessarily to hold over but drop the dis-
cussion. We do have a motion on the floor - Mr. _Wakefield, will.
you restate the motion?
Mr. Wakefield: The motion was to hold Item C until such time
as a joint meeting is proposed and the question
of the City's availability of financing the
school site is resolved.
Seconded by Councilman Browne and carried.
OWEN MENARD & ASSOC., Mr. Wakefield: The Staff Report recommends
CONTRACT the approval and authority
for the Mayor_ to execute the
contract with Owen Menard and Associates for the purpose of updating
the General Plan. The contract is recommended by the Planning Com-
mission.
Councilman Browne: Mr. Mayor, I move to approve. However, here
again I think through these mandates by State
Legislature they are certainly placing the
burden on the lower districts to camply. Just a few years ago we
spent thousands of dollars on the General Plan because of State
Legislation and five years later we have to update it'and spend this
kind of money on it. This does not make sense to me. I would hope
some communication could be made with our legislative body that when
they mandate expenditures that provisions will be forthcoming.
Motion seconded by Councilman Miller, and
carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
NYPUM PROGRAM Motion by Councilman Miller to appropriate
(Staff Report) $2500. from revenue sharing funds for the
establishment of a NYPUM program in,the
Recreation and Parks Department; seconded
by Councilman Browne and carried on roll
call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
RESOLUTION NO. 5010 The City Attorney presented:
-ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CLASS
SPECIFICATIONS FOR THE CLASS OF NYPUM PROGRAM
DIRECTOR AND NYPUM OUTREACH WORKER, AND ESTABLISHING THE SALARY
RANGES THEREFOR."
- 15 -
CITY COUiCLL
CITY ATTORNEY - Cont'd.
Page Sixteen
1/27/75
RESOLUTION NO. 5011 The City Attorney presented:
ADOPTED "A RESOLUTION OF TI-M CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REQUESTING NYPUM
TO PROVIDE ASSISTP.NCE IN ESTABLISHING A
NATIONAL YOUTH PROJECT USING MINIBIKES
(NYPUM) UNIT IN WEST COVINA."
Motion by Councilman. Tice, seconded by Councilman Chappell and
carried, to waive full reading of said resolutions.
Motion by Councilman Chappell_, seconded by Councilman Browne, to adopt
said resolutions.
Councilman Miller: Mr. Mayor, a question. In the first resolu-
tion there is no guideline as to how old this
individual may be to be the director. I have
some reservations because in establishing the second resolution that
person must be 21 years old but in approving the first resolution at
this point it doesn't stipulate an age bracket for hiring. Are we
looking at someone that is 19/20 coming in as director and then some-
one over 21 as back up assistant? True we are trying to deal with a
peer level within reason because these kids are going to be from 11 to
15 so I assume we are looking at a younger individual from 18 on up,
but expertise must come in also. If we are really trying to get down
to the problem then it is obvious that the director would be a person
that could coordinate this type of a program, someone with a back-
ground of some college, preferably a junior at least.
(Mr. Wakefield pointed out in the Job Summary under Training and
Experience it reads: "High school education mandatory and some
college preferred. One year of experience in working with
adolescent youth for the Director. Council discussed
further; Mr. Wakefield was asked if this was a requirement by law.)
Mr. Wakefield: Mr. Mayor and members of Council, we have two
kinds of regulations that become involved
here. One is under the Federal Fair Labor
Standards Act that prohibits certain age discrimination but generally
in the middle age bracket, designed to prevent public agencies from
forcing individuals into early retirement. The law in the State of
California simply prohibits discrimination account of age, sex, color
and some other things, and really there is no limit established in
the statute with respect to age discrimination. I think the test
actually is whether or not the age requirement is specifically related
to the job to be performed and as Councilman Chappell has pointed out, if
experience in dealing with young people is a basic requirement for the
job then perhaps the age requirement is appropriate. The difficulty I
think comes from the fact that we establish no age requirement for the
Program Director and yet we have that age requirement for the out-
reach worker - so how the two are designed to fit together I don't
know.
Mayor Shearer: I do see some variances. For example, under
the Program Director experience and education
is more specifically defined which would almost
mandate someone being 21 years old. He has to finish high school., one
year of experience, some college, etc., whereas under tre outreach
worker qualifications it merely says "high school education preferred'
some college desirable. On that basis my 14 year old son would meet
the qualifications because he has some high school. I take it that
is what they are trying to get in here, eliminate that type of appli-
cant, someone who obviously is .too young but does meet the minimum.
He may not meet some'of the knowledge and abilities but he meets
those of training and experience.
- 16 -
CITY COUNCIL
CITT ATTORNEY - Cont'd.
Page Seventeen
1/27/75
(Councilman Miller asked if the age limit can actually be set - is
there discrimination? The Mayor pointed out according to the City
attorney it is discriminating but legal discriminating.
Mr. Wakefield said "yes, it is legally justified simply because
. there is -a deep relationship between the age requirements and a
specific job to be performed by the holder of.the position."
Councilman Browne asked if staff had explored anybody with the
qualifications for Director, perhaps the young man that had pre-
sented the program at the Human Relations Commission meeting?)
Mr. Zimmerman: Mr. Mayor and members of Council, the job
specifications were designed to fit the
requirements of the program which is a
national program but using the QUA personnel. The consultants on
this, the District Director_ - Joe Montez - he reviewed the job
specifications (as a matter of fact he made two trips down here),
along with other people that have been operating the program for
several years. We feel there is a problem in hiring these people
under these specifications which we hope we won't encounter in that
CETA. requires them to be local residents and also I believe there is
a limit on the salary. This was all taken into account in preparing
the specifications and evidently this type of individual has worked
successfully in other units now in operation.
Councilman Tice: Mr. Mayor, the wording "high school education
mandatory", it seems to me going back to my
time on the Personnel Board,_ that we did make
some changes in that regard - a high school education or equivalent.
Which would take in the GED test. I would suggest that this change
be considered.
Mayor Shearer: We had a motion to approve so that motion
would have to be amended to modify the
Director classification to read "a high
school education or equivalent."
Motion.by Councilman Tice to amend the motion to read "a high school
education or equivalent." Seconded by Mayor Shearer and carried on
roll call vote as follows:
AYES: Browne; Tice, Shearer
NOES: Miller, Chappell
ABSENT: None
Main motion to adopt as amended carried on roll call
vote as follows:
AYES: Browne, Chappell, Tice, Shearer
NOES: Miller
ABSENT: None
PROPOSITION 9 Mr. Wakefield: Mr. Mayor_ and members of
FILING REQUIREMENTS Council, at the request
(Informational Report) . of the City Manager I
prepared a short summary of some of the
pertinent requirements in connection with the
first filing necessary under Proposition 9. As you will recall that
filing must be made by February o and it deals primarily at this
point in time with Eovefiants and ownership of real property. Forms
have been provided to you by the City Clerk. The purpose of the
supplemental memorandum was to try and fill in some of the gaps
and. answer in advance some of the questions you might have. It
requires no action.
Mayor Shearer: Are there any questions? I have one, not
on this filing, but is it true that under
some other act we have another filing to make by April 30?
- 17 -
CITY COUNCIL Page Eighteen
CITY ATTORNEY - Cont'.d. 1/27/75
Mr. Wakefield: Mr. Mayor and members of Council, there are
two filings that are in the offing. There
is some feeling among the representatives
of the League of California Cities that an additional filing is
•required in connection with the campaign disclosure law and that
filing is due January 31. It is my belief that the provisions of
Proposition 9 which says only in general terms that the provisions
of that proposition supersede any existing law which is in conflict
with its provisions, you have in effect superseded the filing re-
quirement that is due January 31 and that that filing need not be
made. On the other hand there is a filing required under the
Disclosure of Assets Law, the so-called Mosconi law, that is due
April 1. The League of California Cities has caused to be intro-
duced in the legislature a bill designed to eliminate that filing
and in effect suspend the Mosconi act and would so long as Proposi-
tion 9 is in effect. If that legislation is successful in the
legislature hopefully it will be passed before the April 1 deadline
arrives. You will recall that the -original ' Mosconi law was suspended
by the State Supreme Court, they decided inJuly the act was consti.=
tution al and ordered the filing required as of April 1 be'made during
the month of September and'this supplemental filing'is designed to:-..
bring the reporting procedure from the date of the last filing up to
the April 1 date, which is the annual period for filing Disclosure of
Assets. In the way of advice the best I can offer to you is to keep
you advised.
MAYOR SHEARER'S REQUEST Mr. Wakefield: Mr. Mayor and members
FOR SUGGESTIONS FOR of �'ouncil, this has
WAYS A CITY AND SCHOOL reference to the
DISTRICT MAY COOPERATE memorandum referred to previously about
IN PROVIDING PUBLIC some of the options available to the city
RECREATIONAL FACILITIES and school district in providing for
AND PROGRAMS a community cooperative recreation program
(Report) involving the school site which was dis-
cussed earlier this evening. As
Mayor Shearer has indicated, there are all kinds of possibilities
available through a community recreation agreement- in terms of how the
school "site can be made available to the city for long or short term
use, how the cost of the program will be divided between the city and
the school district, etc. As a matter of fact the combinations avail-
able are limited only by the imagination of those that conceive the
program and develop it. Insofar as the disposal of the property of
the school site by the school board is concerned there are special.
provisions in the educational code which permit a school board to sell
or lease so-called surplus property, property not required for school
class purposes, to another public agency upon such terms and conditions
as may be agreed upon. These are quite different than the require-
ments recently adopted in the government code with reference to the
sale of surplus school. property to other public agencies at its fair
market value. The difference basically between the two summations
is if the school district sells its property to another public agency
at its fair market value then it can do it by majority vote, if it
sells for something less than fair market value or leases it for a
long term use at a normal or reasonable rental then it requires an
unanimous vote of the school board.
(Mr. Wakefield advised the Mayor he had two additional items.to add
to his Agenda. Permission. given.)
EXECUTIVE ASSISTANT Mr. Wakefield; This item relates to the
SALARY establishment of a salary
range for the Executive
Assistant position in the City Manager's office which requires the
adoption of a resolution.
18 -
CITY COUNCIL
CITY ATTORNEY - Cont'd.
RESOLUTION NO. 5012
ADOPTED
"A RESOLUTION OF
OF WEST CO VINA,
9 OF RESOLUTION
ED POSITIONS IN
Page Nineteen
1/27/75
THE CITY COUNCIL OF THE CITY
CALIFORNIA, AMENDING SECTION
1277 RELATING TO THE AUTHORIZ-
THE CITY MANAGER'S DEPARTMENT."
Motion by Councilman Browne, seconded by Councilman Miller and carried,
to waive full reading of said resolution.
Motion by Councilman Browne, seconded by Councilman Miller to adopt
said resolution and carried on roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
RESOLUTION NO. 5013 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA,CALIFORNIA, AMENDING RESOLUTION
1277 RELATING TO DEPARTMENT HEAD RANGE
AND FLAT RATE POSITION SALARY."
Motion by Councilman Browne, seconded by Councilman Miller and carried,
to waive full reading of said resolution.
Motion by Councilman Browne, seconded by Councilman Miller, to adopt
said resolution and carried on roll call vote as follows:
AYES: Browne, Miller, -Chappell, Tice, Shearer
NOES: None
ABSENT: None
THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 10,:04 PM FOR THE. PURPOSE
OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING. CITY COUNCIL
RECONVENED AT 10:07 P.M.
CITY MANAGER
COMMUNITY DEVELOPMENT Mayor Shearer:. I see from the staff report
APPLICATION PUBLIC that it is suggested the
HEARINGS hearings be held on
(Staff Report) February 10 and 24, which are our regular meet-
ing nights. My question is do you anticipate
a long agenda - perhaps other public hearings? If not, then it is a
fine date but if you anticipate considerable input then perhaps we
should consider other dates.
Gus Salazar: Mr. Mayor, it is difficult to determine the
amount of input or the number of people that
might be coming to the February 10 meeting.
It is designated as a Public Hearing item. I do think you will have
more than what you did have at the environmental element hearing.
Slide has prepared a slide show that hopefully will speed up the
analysis of the draft of the application. I visualize a hearing of
one hour duration.
(Council discussed the possibility of setting the hearings on a
Monday other than Council meeting Mondays; decided to leave it as
it was set up by staff and if it looked life a.very long night the
matter could be continued.)
Motion by Councilman Chappell, seconded by Councilman. Browne and
carried, to set up the public hearing dates as of February 10 and 241
1975; (Communi:ty Development Application hearings).
(The Mayor asked that he be contacted and briefed on this matter prior
to the hearings; Councilmen said they would also like, to be contacted
and briefed. Mr. Salazar said he would get i t up.)
- 19 -
CITY COUNCIL
CITY MANAGER - Cont'd.
Page Twenty
1/27/75
SURPLUS LAND FOR SALE (The Planning Director explained this is an
BY CALTRANS informational report to bring Council uptodate
(Staff Report) as to what is happening to the approximate 222
parcels of excess freeway land the State is
• trying to sell- and which do pose some problems. We will continue to
keep Council informed.)
Motion by. Councilman Tice, seconded by Councilman Chappell to receive
and file report.
Councilman Browne: Mr. Mayor, a question. It was stated in the
report and I believe it was brought out at
the Planning.Commission hearings that there
were several parcels considered substandard - to what degree will
these present a problem to the City?
(The Planning Director said he had some slides if Council wanted to
see them; there are several parcels as referred to in the staff report
where the setbacks range anywhere from 3' to 17' and the availability
of parking in the garage and driveways is severely restricted. Anybed.y
that proceeds to buy these properties are buying on the basis that
they are nonconforming pieces of property and if there is a fire or an
act of God destruction and the structure is destroyed they cannot be
rebuilt. Staff has been trying to advise and get this information
through the Real Estate Division of the State the idea that they are
passing on the burden they created to the private sector. The homes
are really not that well maintained and could lead to more absentee
ownership. (Explained in further detail some of the substandard
pieces of property)
Councilman Browne: It is unconceivable to me that when the
State came in to widen the freeway that
there was not an understanding between both
parties with regard to the zoning standards, etc. They should
have taken into consideration all of this at the time the widening
was started. By just looking at this we are creating a blight.
In the future is there any way of overcoming or preventing this posi-
tion that prevails, possibly by something in the General Plan
precisely spelling out the guidelines..
(The Planning Director said that was one way and it could also be
part of the execution of a freeway agreement. The City Engineer
also stated this was all done prior to any national or state environ-
mental laws and possibly in the future these things can be taken care
of; also there was a staff committee set up, at the request of the
State, to recommend to the State the deposition of these parcels
and we gave them our recommendations but they also had their own
policies that they had to follow and that was the problem; he
thought these policies had now been changed.)
Councilman Browne: Perhaps a little community pressure to our
legislators regarding the conditions that
do prevail might help them.to inquire and
try and prevent some of these things happening in the future.
I think this City should go on record as being not in accord with
past actions and give recommendations for future actions. Would
these pieces be prevented under our existing ordinances from any
upgrading or expansion of the property?
Mr. Miller: They can be improved exteriorwise or
interiorwise, but if they are not up to
standard they cannot.be'tebuilt or added to. (Went on to explain
saying staff has notified everyone that they could and at the time
of the sale of the properties prospective buyers are advised.
Most parties have been taking the time to contact staff to hind out
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CITY COUNCIL
CITY MANAGER - Cont'd.
Page Twenty-one
1/27/75
what the precise information is on a specific piece and more than one
has withdrawn his bid after finding out.
Motion carried.
• PERSONNEL MATTERS AND Motion by Councilman Chappell to approve
PERSONNEL BOARD extension of Provisional Appointment of
ACTION ITEMS. Yvonne Calmes to Junior Accountant from
(Staff Reports) January 1, 1975 to March 31., 1975. Seconded
by Councilman Tice and carried.
Motion by Councilman Tice to approve
extension of Provisional Appointment of
Lew Cochneuer to Communications Technician
from November 6, 1974 to February 3, 1975;
seconded by Councilman Miller and carried.
Motion by Councilman Chappell to approve
request for extension of Leave of Absence
without pay for an additional six-month
period beginning February 1, 1975 -
Ja.mes Thomasee. Seconded by Councilman
Miller and carried.
APPROVAL OF CETA Motion by Councilman Chappell to approve
TITLE VI PROPOSAL CETA, Title VI proposal as submitted.
(Staff Report) Seconded by Councilman Browne and carried on
roll call vote as follows:
AYES: Browne, Miller, Chappell, Tice, Shearer
NOES: None
ABSENT: None
OPERATION INCREASED Motion by Cou=ilman Tice, seconded by
ATTENDANCE Councilman Chappell and carried, to receive
(Staff Report) and file this,report.
B.K.K. STATUS REPORT (The City Manager called to the Council's
attention the fact that there were'still
some items that B.K.K. have not complied with.
Further_ advised that staff_ is handling this
with B.K.K.)
McKEE MANAGEMENT Mr. Aiassa: This item was carried over from
CENTER PROPOSAL TO our last Council meeting and
SURVEY POLICE DEPART- it has been discussed with
MENT OPERATIONS Mr. Fast. I would like to have Council
(Staff Report) authorization for the City Manager to proceed
with negotiations along the lines explained
in the staff report and bring the proposed.
contract back to Council for Council approval.
So moved by Councilman Chappell, seconded by
Councilman Browne and carried.
SEISMIC & SAFETY Motion by Councilman Chappell, seconded by
ELEMENT PROGRESS Councilman Tice and carried, to receive and
(Informational Report) file informational report.
PROPOSED COUNTY ZONE LOCATION: Southeast corner of Azusa and
CHANGE NO. 6091-.(1) Temple Avenues.
(Informational Report)
(Councilman Tice asked why the County has to go to a C-3 zone which
is heavy commercial in order to permit a motorcycle reta.i.l store on
the premises. The Planning Director explained that the PD Overlay
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0
CITY COUNCIL
CITY MANAGER - Cont'd.
Page Twenty-two
1/27/75
would apply and will restrict certain uses. (Explained) Stated the
PD Overlay requires a. specific plot plan and specific list of uses,
where if they got a blank C-3 they could come in with anything listed
in C- 3 . )
• Motion by Councilman Tice to receive and file the informational report;
seconded by Councilman Miller and carried.
FREEWAY LANDSCAPING Motion by Councilman Tice, seconded by Council -
AGREEMENT - PROGRESS man Miller and carried, to receive and file.
REPORT (Informational)
MAYOR'S REPORTS
Mayor Shearer: We have a request from the Youth Advisory
Commission requesting Council permission for
them to support a particular piece of
legislation. Mr. Wakefield, is action on the part of Council required.
in this case to allow the Youth Advisory Cortimission to take a stand.
on legislation?
Mr. Wakefield: Mr. Mayor, as I understand the policy that has
been followed in the past with reference to
-legislative matters was that no individual
or Commission was to take action with respect to pending legislation
without permission from City Council.
Mayor Shearer: I think that would be appropriate if the
Commission was going to represent the City.
I am a little concerned here to have to say
to these young people you have to come to us first before you can
take a particular stand on legislation.
Mr. Wakefield: That was my interpretation of the matter,
Mr. Mayor. That if the Youth Advisory
Commission of the City of West Covina wishes
to advocate to members of the legislature that the bill be favorably
considered then I think really what they are doing is speaking for
the City in connection with what is essentially a policy matter.
Obviously if the individuals who mace up the Commission want to write
to their representatives individually or collectively they may do so;
it is only as members of the Youth Advisory Commission that I assumed
the policy covered.
(Councilman Tice expressed a desire to know more about the bill';
Councilman Miller stated it is somewhat general according to their
report but overall it does basically spell out what their feeling
is and that they are trying to join other Commissions in this; and
from what he has seen of the Commission in the past he commends
them for this.)
Mayor Shearer: It would seem to me that without specifically
debating the pros and cons of the particular
bill that a stand by the Youth Advisory
Commission would not necessarily be a stand by the City Council,
and -for us to say we have to agree with the Youth Advisory Commission
as a body before they can take astand to me that runs somewhat con-
trary to the intent of the Commissions. Now if they were asking
City Council to take a stand on it that would be one thing. I would
be in favor now of authorizing them to express their views as a
Commission on this particular piece of legislation with the
understanding that it was from the Commission and not from the City
Council.
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CITY COUNCIL Page Twenty-three
MAYOR'S REPORTS - Cont'd. 1/27/75
Motion by Councilman Browne to approve the request to allow the
Youth Advisory Commission to express their opinions with regard to
Assembly Bill 207 as the Youth Advisory Commission of the City of
• West Covina; seconded by Councilman Miller and carried.
COUNCILMEN'S REPORTS/ Councilman Tice: Mr. Mayor, I would like
COMMENTS to request that Council
pass a Resolution
commending Mr. Bailey Kerr of. the Suburban Water Company, who retired
last Friday. He has been very active in community affairs.
(Council discussed and thought perhaps a City tile would be more
appropriate.)
Motion by Councilman Tice that a city tile of commendation be presented
to Bailey Kerr on his retirement; seconded by Councilman Chappell and
carried.
nVMAVnQ
carried on roll call
AYES:
NOES:
ABSENT:
ADJOURNMENT
ATTEST:
CITY CLERK
Motion by Councilman Chappell to approve
Demands totalling $6491810.07 as listed on
Demand,Sheets C1035 through 1038 and
B3654A. Seconded by Councilman Tice and
vote as follows:
Browne, Miller, Chappell, Tice, Shearer
None
None
Motion by Councilman Chappell, seconded by
Councilman Miller and carried, to adjourn
meeting at 10:43 P.M.
APPROVED:
MAYOR
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