06-09-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
JUNE 9, 1975.
The regular meeting of the City Council called to order at
7:33 P.M. in the West Covina Council Chambers by
Mayor Ken Chappell. The Pledge of Allegiance was led by Councilman
Herb Tice; the invocation was given by Councilman Chester Shearer.
ROLL CALL
Present: Mayor Chappell; Councilmen: Shearer,
Miller, Browne, Tice
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
Leonard Eliot, Controller
George Zimmerman, Public Service Dir.,
Michael Miller, Planning Director
John Lippitt, City Engineer
Gus Salazar, Redevelopment Coordinator
Craig Meacham, Deputy Police Chief
Cal Wetherbee, Fire Chief
Janet Williams, Administrative Analyst
Eric Cohen, Staff Reporter — Sentinel
Mark Landsbaum, Staff Reporter — S.G.V.D.T.
Gloria Davidson, Deputy City Clerk
Ramon Diaz, Ass't. Planning Director
APPROVAL OF MINUTES Motion by Councilman Tice, seconded by
Councilman Browne to approve minutes of
May 19, 1975 and May 27, 1975.
Mayor Chappell requested a correction in the May 27 minutes, page
29 with reference to plaque presentation to a Mr."Maxon!', whose name
was misspelled. Correct spelling is Willis Maxson.
Minutes approved as corrected on roll
call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PRESENTATION Mayor Chappell presented a city plaque
to resigning Commissioner Renee Futter
of the Youth Advisory Commission in
appreciation of her services while on the Commission for the past
3 years.
CONSENT CALENDAR The Mayor explained the procedure of
the Consent Calendar items and asked
if there were any comments on any of
the following items:
• 1. WRITTEN COMMUNICATIONS
a) ASSEMBLYMAN Re Assembly Bill 1246 — transportation
WALTER M. INGALLS planning process. (Refer to Staff and
City Attorney)
b) THE ROYAL CANADIAN Requesting permission to have two fire —
LEGION S.G.V. POST 167 works stands in the City. (Approved in
prior years. Recommend approval subject
to T.U.P. Procedure)
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
c) BOB MAC WUINNEY
419 N. La Sena Avenue
2. PLANNING COMMISSION
SUMMARY OF ACTION
3. RECREATION & PARKS COMM.
SUMMARY OF ACTION
4. PERSONNEL BOARD
MINUTES
5.' YOUTH ADVISORY COMM.
Page Two
6/9/75
Submitted petition representing eleven
residences objectin to auto repair at
2001 Padre Drive. ?Refer to Staff)
June 49 1975. (Accept and file)
May 28, 1975. (Accept and file)
April 17, 1975. (Adj. Reg. Mtg.)
April 28, 1975. (Spec. Mtg.)
(Receive and file)
a) CRYSTAL TEXEIRA Letter of resignation. (Receive and
file)
b) RENEE FUTTER Letter expressing appreciation on be-
half of the Youth Advisory Commission
of Council's support for the Juvenile
Justice Conference. (Receive and file)
6. ABC APPLICATIONS:
a) Oaklis Wayne Harper
2272 Dominquez
Torrance, Ca.
b) Matilda Josephine Giner &
1375 W. Camino Del Sur
San Dimas, Ca.
Daniel Marquez
1327 Mossberg
West Covina, Ca.
Chief of Police recommends NO PROTEST.
dba THE MINE SHAFT
971-A S. Glendora Ave.
dba GI GI'S
2646 E. Garvey Avenue
7. CLAIM FOR DAMAGES FILED WITH CITY CLERK
a) LETA MAE MINEHAN Re traffic accident at Sunset Avenue
400 N. Willow Ave. and West Covina Parkway due to mal-
West Covina functioning traffic signal. (Deny
and refer to City Attorney and In-
surance Carrier)
8. PARADE PERMIT APPLICATION
WEST COVINA INVITATIONAL Request waiver of $25.00 application
INDEPENDENCE DAY PARADE fee and $5,000 bond. (Approved in
COMMITTEE prior years. Recommend approval sub-
ject to Staff recommendations)
• Motion by Councilman Shearer to approve Consent Calendar items 1
through 8; seconded by Councilman Browne and carried on roll call
vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None A.
- 2 -
CITY COUNCIL Page Three
GENERAL AGENDA ITEMS 6/9/75
AWARD OF BIDS
PROJECTS TS-75005 and LOCATION: California Avenue at West
SP-75006 Covina Parkway; Vincent Avenue - San
TRAFFIC SIGNAL EQUIPMENT Bernardino Freeway to Walnut Creek Wash.
Bids received in the Office of the City Clerk up to 10:90 A.M., on
Wednesday, June 4, 1975, and thereafter publicly opened and read.
Bids received as follows:
Multisonics, Inc. $719687.00
Traconex, Inc. 75,749.00
Singer Company 789908.00
Motion by Councilman Browne to accept the low bid of Multisonics, Inc.,
of San Ramon, California and authorize the Mayor and City Clerk to
execute an agreement with the vendor for furnishing the signal equip-
ment; seconded by Councilman Miller and carried on roll call vote as
follows: AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PUBLIC WORKS
PRECISE PLAN 247 "LOCATION: Mobeck, Fernwood, Charlinda
CHURCH OF JESUS CHRIST Streets.
OF LATTER DAY SAINTS (Council reviewed Engineer's report)
Motion by Councilman Tice to authorize release of United States
Fidelity and Guaranty Company Subdivision Bond No. 69118-12-213A in
the amount of $2,000; seconded by Councilman Shearer and carried.
TRACT NO. 32580 LOCATION: Intersection of Gemini Street
APPROVE FINAL MAP and ShadowOak Drive.
DONALD L. BREN COMPANY (Council reviewed Engineer's report)
RESOLUTION NO. 5062 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROV-
ING THE FINAL SUBDIVISION MAP OF TRACT
32580, ACCEPTING AN AGREEMENT BY THE
SUBDIVIDER AND SURETY BONDS TO SECURE
THE SAME.
Motion by Councilman Shearer to waive full reading of said resolution;
seconded by Councilman Miller and carried.
Motion by Councilman Shearer to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PRESENTATION BY WEST COVINA
CHAMBER OF COMMERCE
John Gunn, President Mr. Mayor and members of the Council,
• W.C. Chamber of Commerce you have a brief report that will take
us through the first eleven months of
this year. While it is far from being complete the report you will
receive the latter part of July will be the end report and you will
find it far more complete than this one. We have detailed a number of
things by way of our agreement and contract with you that have been
- 3 -
CITY COUNCIL Page Four
PRESENTATION BY W.C. CHAMBER OF COMMERCE 6/9/75
completed. E.`- y one of the items requested in terms of our
agreement have been fulfilled or are in the process of being ful—
filled. You will notice Item 1 indicates the retail trade promo—
tions that have been going on. The last one will be completed after
our year is closed on July 4th, but the bulk of the work will be done
. prior to that date. Special Projects indicate a number of things I
'know you are all interested in, the fireworks show being one,
L.A. County Fair another, where last year we took first place in
cities up to 100,000 and anticipate doing the same this year;
Miss West Covina Pageant and the Bi—Centennial and others that you
will recognize as not being included such as the Citizen of the Year
involvement, the RTD and other things having to do with transporta—
tion; the economic development material, along with two or three
other items that I think most of you have seen or will see at�our
Annual Report time.
We have a number of things taking place in our
community, most of them in terms of new business that have come in
in the last few weeks. To sum it up we have gained over seventy
new business members this year, which brings us now to 360 active
and official members.
The primary reason for our request to be with
you was enunciated in our letter of May 5, that is the discussion
of two primary items and a couple of secondary items. The Bi—
Centennial Program which you had given to us to bring to the point
of asking for approval and that has been done and accomplished and
next Saturday the flag will be raised here. The next item is the
Sister City Program which needs some immediate action and resolution.
We would feel these kinds of things are not public hearing matters
and we would appreciate if the Council or Council representatives
would meet with us to resolve these important matters. That
completes our report — if you have any'questions?
Mayor Chappell thanked Mr. Gunn for the report
and inquired of Council with regard to their preferences for either
an evening meeting date for the entire Council or appoint the
Mayor and Mayor Pro tem to meet with the Chamber in an early after—
noon meeting and go over this with the representatives of the Chamber
and report back to Council. Councilmen stated they had no preference,
either way. The Mayor appointed himself and Councilman Browne and
said they would meet as quickly as possible.
CITY ATTORNEY
COOPERATIVE AGREEMENT Mr. Wakefield: Mr. Mayor and members
WITH L.A. COUNTY FLOOD of Council, this item
CONTROL DISTRICT relates to a series
(Staff Report) of proposed actions with reference to the
proposed . equestrian , trail. The first
item involves the approval of the Environmental Impact Report covering
the proposed trail; the report has been prepared by staff, approved
by the Planning Commission and recommended to City Council for final
approval. A resolution is required for that purpose.
Mayor Chappell said he had a petition
• before him pertaining to the equestrian trail and because of the
number of people in the audience that possibly wanted to speak on this
subject suggested it be held over until after the Public Hearing
matters were disposed of. Council agreed.
— 4 —
CITY COUNCIL . Page Five
CITY ATTORNEY AGENDA - Cont'd. 6/9/75
RESOLUTION The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADOPTING AMENDMENT
NO. 1975-3 THE HOUSING ELEMENT OF.THE.
GENERAL PLAN OF THE.CITY OF WEST COVINA.
(Planning Commission Resolution.No. 2587)
Motion by Councilman Miller to waive full reading of said resolution;
seconded by Councilman Browne and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Browne and carried on roll. call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
COVINA-VALLEY UNIFIED Mr. Wakefield stated this is a proposed
SCHOOL DISTRICT TRASH amendment to the existing agreement
REMOVAL AGREEMENT between the Covina -Valley Unified School
(Staff Report) District and the City of West Covina for
the collection of trash. The present
agreement expires on June 30, 1975; the revision would extend the con-
tract for an additional five years and increase the charge for the
services from $33 to $37 per month.
Motion by Councilman Tice to approve said agreement; seconded by
Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
AUTHORIZATION FOR CITY Mr. Wakefield: Mr. Mayor and members
ATTORNEY TO REVIEW WEST of Council, there
COVINA DISPOSAL CONTRACT seems to be some con-
fusion with reference to the provisions
of the recently negotiated agreement
by the City and the West Covina Disposal Company for the pick up of
rubbish too large to go in the regular weekly pick up and to be
placed in the containers that are provided. The contract as it is
amended continues the same provisions that were in the previous con-
tract for an annual Clean-up, Pick-up Week during the year in which
the contractor agrees to pick up certain large items like sofas,
refrigerators, etc., without charge during that week. At the time
the proposal was made for the revision of the contract the contract-
or proposed that the Annual Pick -Up, Clean -Up Week program be
abandoned and that there be substituted in its place a provision in
the contract which would require the contractor to pick up items of
that sort at anytime upon a telephone request from the person having
the item to dbpose of. It is my understanding there has been a desire
expressed not only to continue the present Clean -Up Week Program but
also include in the agreement the provision for the pick-up of large
items upon.r'equest. The item simply seeks direction from the
Council as to your desire before going back to the contractor.
of having both,feeling that itomightmen be somewhatdethe pros an
xpensive for then
contractor but agreeing if possible they.would like to have it both
• ways. The Mayor asked Councilman Browne, who had sat in on the meet-
ing with the contractor, if he thought the contractor might agree to
both and Councilman Browne replied "I think he would be receptive to
any suggestions the Council might have; I would suggest we go back
and speak with him. Council agreed that the possibility of having
items picked up on call and also having the Clean -Up Week Program be
discussed with the contractor.)
- 5 -
CITY COUNCIL
W.C. DISPOSAL_CONTRACT
Page Six
6/9/75
Councilman Miller:
there be an additional
How does this affect the rate? If he
does it for one week at no charge and
then does it throughout the year would
charge?
Mr. Wakefield: No, I don't believe there would. The
practice generally among refuse con-
tractors has been to propose the
regular pick up of items of this sort rather than doing it all in.one
week because of the reasons that Councilman Shearer has suggested, it
requires the hiring of extra equipment and the paying of overtime.
I think if the contractor is willing to do it on both bases it would
be without an additional charge.
Mayor Chappell: I think the Council's thoughts are that
we would like to have you reapproach the
contract with the idea of having the
Clean-up Week Program every other year
nd the picking up of the
larger pieces on a call-up basis by the citizen - they call in a
request and he tells them when it will be picked up.
So moved by Councilman Browne; seconded
by Councilman Tice and carried.
HEARINGS
STREET VACATION Hearing of protest's or objections set
WOODLANE DRIVE for May 27, 1975 by Resolution No.
TRACT NO. 31095 5048 adopted April 28, 1975. Held over
PROTEST HEARING to this date.
(Council reviewed Engineer's report)
Mayor Chappell: Madam City Clerk, do you have the
Affidavit of Publication and Posting?
City Clerk: Yes, I do.
Motion by Councilman Browne to receive and file; seconded by Council-
man Tice and carried.
Motion by Councilman Browne to receive and file the Engineer's report;,
seconded by Councilman Miller and earried.
Motion by Councilman Browne to.conduct the protest hearing; seconded
by Councilman Tice and carried.
THIS IS THE TIME AND PLACE FOR THE HEARING WITH REGARD TO THE
STREET VACATION OF WOODLANE DRIVE IN TRACT NO. 31095. THERE BEING
NO PUBLIC TESTIMONY PUBLIC)HEARING CLOSED. COUNCIL DISCUSSION. NONE.
RESOLUTION NO.-s The City Attorney presented:
ADOPTED S A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, VACATING
A CERTAIN PORTION OF WOODLANE DRIVE AND
RESERVING AND ACCEPTING IN FAVOR OF THE
CITY OF WEST COVINA CERTAIN RIGHTS AND EASEMENTS LOCATED THEREIN FOR
PUBLIC UTILITY AND, OTHER PURPOSES.
. Motion by Councilman Shearer to waive full reading of said resolution;
seconded by Councilman Miller and carried.
Motion by Councilman Shearer to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
CITY COUNCIL
HEARINGS: Res. #5063
Page Seven
6/9/75
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
UNDERGROUND UTILITY
LOCATION: Glendora
Avenue, Dalewood
DISTRICT N0, 3
PROTEST HEARING
Avenue to south city
Set for hearing on this
limits.
date
by Council
action on April 28,
1975, for
any pro—
tests or objections
to the formation
of
Underground Utility
District
No. 3.
(Council reviewed Engineer's
report)
Mayor Chappell:
Madam City Clerk, do
you have
the affi—
davit of Mailing?
City Clerk:
Yes, I do.
Motion by Councilman Browne to receive and file Affidavit of Mailing;
seconded by Councilman Miller and carried.
Motion by Councilman Browne to receive and file Engineer's report;
seconded by Councilman Tice and carried.
Motion by Councilman Browne to conduct hearing; seconded by Council—
man Miller and carried.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNDERGROUND
UTILITY DISTRICT NO. 3. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEAR—
ING CLOSED. COUNCIL DISCUSSION. NONE.
RESOLUTION NO. 5065 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
CREATING UNDERGROUND UTILITY DISTRICT
NO, 3.
Motion by Councilman Miller to waive full reading of said resolution;
seconded by Councilman Browne and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
SEISMIC SAFETY AND
SAFETY GENERAL PLAN
ELEMENTS
NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT
CITY INITIATED
The City of West Covina initiates a
request to adopt a Seismic Safety and
Safety Elements of the General Plan for
the establishment of policies concerning
the seismic and public safety needs of the
City. Proof of Publication of Notice of
Public Hearing in the West Covina Tribune.
on May 29, 1975 received. Recommended by
Planning Commission Resolution No. 2591.
Mr. Wakefield: Mr. Mayor and members of Council, the
City retained a consulting firm to pre—
pare the required Seismic Safety and
public Safety Element of the City's General Plan. That work has been
completed; the Planning Commission has reviewed and.approved the
proposed element and it is now presented to the City Council for the
purpose of final consideration and adoption. The Planning Commission
determined that the adoption of the Seismic Safety.and Safety General
— 7 —
CITY COUNCIL Page Eight
HEARINGS: Seismic Safety — General Plan Elements 6/9/75
Plan Elements :.!ould not have a substantial impact on the environment
and a Negative Declaration of Environmental Impact has been prepared
and approved by the Planning Commission. This is the time and place
when anyone in the audience who cares to be heard with reference to
this particular proposed element of the City's General Plan may be
heard. Perhaps you may desire a general staff review of the content
of the element before opening the matter for public consideration.
(The Mayor requested staff presentation.
The Assistant Planning Director Mr. Diaz gave a brief summary of the
written Seismic Report. In summary he stated these two elements
before Council this evening are actually the foundation elements of
the planning efforts within the City; with the Seismic Safety element
lies the foundation for all implementation with regard to all of the
other elements of the General Plan; the Public Safety element is at
the core for the very reason a city is in existence, it provides
for the health, welfare and public safety. The main purpose for
adopting a Seismic Safety Element is to determine the areas of
seismic hazard and also to indicate programs to alleviate this hazard.
And this led to the requirement of the Public Safety element which
basically instructed cities and counties to establish programs of
action on what to do should a natural hazard occur.
Continuing, Mr. Diaz, stated there are basically
four questions within the Seismic Safety and Safety Elements:
1 — Determine types of land use that would fall under the following
facility classifications: a) Limited occupancy facilities, generally
more or less automated manufacturing; b) Normal occupancy facilities
are your commercial and office facilities; c) Critical occupancy
facilities which are those which the City would want not only standing
but in full operation in case of a natural hazard. Final determina—
tion with regard to what facilities should be in the different
categories is up to City Council.
2 — Determine level of earthquake to design.to
for each facility. We have indicated we should desi n for an 8.5
on San Andreas for Normal and Critical facilities. Explained
further)
3 — Determine iP..lateral force requirements of
the Uniform Building Code could be upgraded; if so — how? This
would be the ability of a building to withstand ground motion.
City of West Covina is fortunate in that we do not have, based on
current knowledge, any active fault zones in the City and therefore
we do not have to worry about surface rupture. We do have to worry
about ground motion. Within the Technical Report as well as the
Policy Report there is considerable amount of material addressing
itself to this area of lateral force. This has all been reviewed
by the Director of Building and Safety, he indicates he can live
with this and that quite a few of these requirements are going to
be coming up in the future — the Uniform Building Code is being
worked on at the present time.
4 — Determine level of acce table risk. This
is a term that cannot be qualified. (Explained The acceptable
level of risk established in West Covina will probably be different
from that established in Industry, and may be a little closer to
that established in Covina, and could be different from that
established in Azusa. The acceptable level of risk would be the
culmination of all the programs and policies that are outlined
within this Seismic Safety and Public Safety Element. The
philosophy underwhich this element was developed was an.attempt to
prepare for the future based on what we know today and not on what
we would like to know and therefore take no action.
CITY COUNCIL Page Nine
HEARINGS• Seismic Safety - General Plan Elements 6/9/75
We feel we have worked on this element for a
long period of time and we have'had briefing sessions with the
Commission and the Council and after a review with all city
departments of both the Technical and Policy Reports staff feels
we do have a document that the City can utilize in its future
decision -making in the areas of land use and public safety.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE SEISMIC
SAFETY AND PUBLIC SAFETY GENERAL PLAN ELEMENT. THERE BEING NO
PUBLIC TESTIMONYIPUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Tice: Mr. Mayor, I have two questions. One is the
practicality of establishitng an 8.5 safety
allowance on new buildings with regard to
critical and normal type buildings from the standpoint of cost?
Mr. Diaz: In reviewing this with our consultant he
indicated because of the increasing cost in
construction today if there is any doubt as to
whether or not a building should be built to 8.5 that probably the
time you would spend on deciding would more than pay for the
additional costs; that there would not be that much additional
cost in designing to the standards called for in the Technical
Report.
Councilman Tice: With regard to the inspection of normal and
critical facilities in the City, do you have
any idea as to the length of time this would
require?
Mr. Diaz: That policy is called for in the Policy Report
which indicates the City should establish such
a program. The exact amount of time that would
be involved in examining these buildings would'be brought out by
the Committee at the time it is created because it would depend
on exactly what we were to check for and how far we want to go.
At this time we do not know.
Councilman Browne: Mr. Mayor - in relation to Item No. 3. The
City operates under the Uniform' Building Code
and I would assume that it is the same as that
of the County and the City of Los Angeles? (Mr. Diaz said that is
correct) At this time I believe you stated that this is being
upgraded by State mandate I presume and upon such time as that is
adopted then we can determine if it is adequate for our City?
Mr. Diaz: What I was indicating in that portion was that
the Director of the Building & Safety Depart-
ment of our City had looked at that and he
indicated he would have no problem in living with it and in addi-
tion the Uniform Building Code is being upgraded -in those areas
but at this time we do not know if it will be upgraded to meet
these requirements recommended here. We won't know until the uBc
comes out.
Councilman Shearer: Mr. Mayor, a question of the City Attorney.
Have you reviewed the Policy portion of the
recommended portion subsequent to your letter
of May 30th to the Planning Commission and are you satisfied that
the changes they made does leave enough leeway for the City so
that our hands are not tied at this time to be embarking on a pro-
gram that perhaps we might not be able to afford - specifically the
inspection and things of that nature?
- 9 -
CITY COUNCIL Page Ten
HEARINGS: Seismic Safety — General Plan Elements 6f9/75
Mr. Wakefield: Yes. I think the changes approved by the
Planning Commission meet those problems as I
saw it. My major concern was that by the
approval of the Seismic Element the City would have committed
itself to a course of action that it couldn't really afford or
didn't wish to check through on, but those problems have been
eliminated.
RESOLUTION NO. 5066 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADOPTING AMENDMENT
NO. 1975-4 FOR THE SEISMIC SAFETY AND
PUBLIC SAFETY ELEMENTS TO THE GENERAL PLAN OF THE CITY OF WEST COVINA.
(Planning Commission Resolution No. 2591) -
Motion by Councilman Tice to waive full reading of said resolution;
seconded by Councilman Browne and carried.
Motion by Councilman Tice to adopt said resolution; seconded by
Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT! None
AMENDMENT NO. 123 Proposed amendment to Sections 9216.5.
CATEGORICAL EXEMPTION 9222.69 9223.6 and 9224.4 of the
CITY INITIATED Zoning Ordinance, and Sections 9113
and 9114 of the Subdivision Ordinance,
pertaining to the procedures for the
filing of applications for public
hearings. Approved by Planning Com—
mission Resolution No. 2590. Proof
of Publication of Notice of Public
Hearing in the West Covina Tribune
on May 29, 1975 received.
Motion by Councilman Browne to receive and file proof of publica—
tion of Notice of Public Hearing; seconded by Councilman Tice and
carried.
Mr. Miller, Planning Director, in
summaryfstated Amendment ##123 is a follow—up to the City Council
adoption of the revised Environmental Impact Guidelines. As
Council will recall, a 30 day mandatory review of any Negative
Environmental Declaration on any project, public or private, was
provided. As a result of that staff reviewed our code regulations
and put a limitation on the maximum time period in which we could
hold a case without taking it to hearing, at that time it was 40
days. Given a 30 day review for the Environmental Impact Report
and the other procedures for advertising and things that take place
at staff level it was felt that the extension of that limitation
from 40 to 60 days was necessary to give staff ample time to review
any Environmental Impact Report on a project.
Council was further advised this
code amendment was authorized by City Council and has been
approved by the Planning Commission as recommended to Council
tonight and is recommended for approval.
Mr. Wakefield: Mr. Mayor, this is the time and place
in which anyone concerned with this
proposed amendment to the Zoning
Ordinance of the City may be heard. As Mr. Miller indicated, the
only effect of the amendment is to extend the time within which
10 —
CITY COUNCIL Page Eleven
6/9/75
HEARINGS: AMENDMENT
NO 123
action may be --jken
on any changes on matters, from 40 to 60 days.
THERE BEING NO PUBLIC
TESTIMONY,,PUBLIC HEARING CLOSED. COUNCIL
DISCUSSION. NONE.
Mr. Wakefield:
Mr. Mayor, the appropriate motion would be to
and instruct the
approve the recommendation
City Attorney to prepare the necessary
ordinance.
So moved by Councilman Shearer; seconded by
Councilman Miller
and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
1974-75 SECOND
LOCATION: Various throughout. the City.
SUPPLEMENTAL WEED
& Set for hearing on this date for pro —
tests and/or objections from property
RUBBISH ABATEMENT
PROGRAM
owners and/or other interested parties
PROTEST HEARING
by Resolution of Intention No. 5059,
adopted May 27, 1975.
(Council reviewed Engineer'.s report)
Mayor Chappell:
Madam City Clerk, do you have the
Affidavit of Mailing?
City Clerk:
Yes, I do.
Motion by Councilman Browne to receive and file; seconded by
Councilman Tice and carried.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE 1974-75
SECOND SUPPLEMENTAL WEED & RUBBISH ABATEMENT PROGRAM. THERE BEING
NO PUBLIC TESTIMONY FOR OR AGAINST, PUBLIC HEARING CLOSED.
COUNCIL DISCUSSION. NONE.
Motion by Councilman Shearer to authorize the City Engineer to
proceed with abatement of weeds and rubbish on those properties
described in Resolution of Intention No. 5059; seconded by
Councilman Miller and carried.
THE MAYOR CALLED A RECESS OF THE COUNCIL MEETING AT 8:30 P.M.
COUNCIL RECONVENED AT 8:40 P.M.
COOPERATIVE AGREEMENT WITH Re Environmental Impact Report —
LOS ANGELES COUNTY FLOOD Equestrian Trail.
CONTROL DISTRICT — CONT'D.
Mayor Chappell: We received a number of names on a
petition today and I think it is only
fair that we discuss this a little
more in detail so the City Council at least, whether they agree or
not with this agreement, would have the input from our citizens.
This is still the primary function of Council and our Council is
certainly very willing and almost demanding that we hear all of
the information th.e citizens want to give us before coming to a
final decision. This is not a public hearing type situation but
having found out that there were some objections to this matter we
wanted to hear the citizens input. (Explained the procedure in
receiving input from the citizens.)
— 11 —
CITY COUNCIL Page Twelve
CITY ATTORNEY AGENDA 6/9/75
John Cox I have before me the report for the
2727 Vanderhoof Drive June 4th meeting of the Planning
West Covina Commission. On page 3 is a map and
this is what I would like to refer to.
1 only speak for a small segment of this and a small segment of the
entire report. We object to only one end of it and that is the and
that goes over our own properties. On the map it turns south and
winds over to Citrus at the western extremity of this proposed
trail. There are some 14 families who live along this trail and
we all have a private easement. I would ask you to turn to page 1
of the report where it says "between Citrus and Barranca Avenues
thettrail will be located within any private access easements across
the rear of 14 residential lots on Citrus Avenue, Vanderhoof Drive
and Plateau Drive." These 14 families would like to•take exception
to this part of the report. Our reasons for it — we sent a petition
to City Council that is signed by almost all of the 14 families.
(Mentioned the name of one lady that had not signed)
It seems to me it is appropriate to
mention why we are here tonight and so many of us were not at the
last meeting of the Planning Commission. Throughout the report they
mention the Valencia Heights Water Company, the County Flood Control
District and Ridgeriders, but the Planning Department did not con—
tact any of the property owners living along this proposed trail.
We feel we should have had this. The notice to us was in plenty of
time and said within 300' there was a proposal which would affect
us, no mention was made that it was our property involved.
The primary objection we have to it is
that it will interfere with the enforcement of our own private ease—
ment. (Explained how they enforce their own private easement use at
the present time, giving examples of their so—called "home rule".)
We are all community minded people here.
We support Ridgeriders and many of us are members. Most of us are
horse lovers and we get along very well with Valencia Heights Water
Company, our near neighbor here and we don't want to do anything
that would interfere with Ridgeriders or Valencia Heights Water
Company but we feel this Environmental Impact Report includes in—
formation that is damaging to our interests. We feel there are at
least three alternatives to this than using our property which
probably should have been explored and mentioned more prominiently
in the report. Obviously on page 1 when it says "...it will go over
our private easement" we have to believe that this is true and that
is what would occur. We come to some other things in the report also
that refer to us on page 5, second paragraph of item 7 — "If it is
determined that the portion over the private easement...... must be
purchased by the City." So there is a clear cut expression here that
this is a very serious proposal and the possibilities that they
might at sometime have to buy the property. Addendum 6a, which is a
little confusing to me, has to do with a memorandum from the City
Engineer to the Assistant Planning Director, in paragraph 1 it
clearly points out they are talking about our equestrian trail
easement"along the westerly boundaries of the tract is a 22' wide
.equestrian. trail reserved by the covenants of the tract." The
next sentence has to do with I presume, the West Covina Parkway
that might sometime go through. The next one though "a separate
easement would be required from owners of the Ridgeriders' property
in order to extend the trail to Citrus." I don't find that men—
tioned very frequently in the report although it would be an
alternative, Valencia Heights Water Company owns that, and I
presume that is what they mean by Ridgeriders' property, they
surely do not mean our own property. Then just below that, an
alternative would be to obtain an easement from the property owners
— 12 —
CITY COUNCIL Page Thirteen
CITY ATTORNEY AGENDA 6/9/75
of the tract on top of the privately owned easement. We interpret
that as another method by which the trail might be workable across
our properties. These are the types of information we find in the
report that refer to our property and we object to the fact it is
even in the report because we were not consulted and even though we
were not consulted this time we ask that you delete this in some
manner from the report so we can more properly enforce our own
easement in the future.
I might mention a little about the alternatives.
The Flood Control District is only used as an alternative and this
appears. on page 4 under 6b. "An alternative to the use of existing
easement over private property would be the use of the Flood Control
easement along the south side of Walnut Creek Wash between Citrus
end Barranca Avenues. Access could be through the existing gate on
Citrus Avenue or through a separate gate in the vicinity of the
equestrian. facility. We suggest that the proposal of going over
our own properties be deleted but this alternative seems to us to
be a more preferable one in view of the fact on page 6 of the report
the agency consulted said they had already consulted the L.A. County
Flood Control District and Ridgeriders were also mentioned, and
did not consult us, we would have thought this would have been the
primary route and that ours if any would be an alternative to the
existing Flood Control District. Another alternative is if they
are coming to Ridgeriders', anyway to go on into Citrus across
Valencia Heights Water Company property, which would be in back of
the apartment house between there and the roadway that leads to
the baseball field, there would be ample room for horses to o
through at that point. A third alternative would be (page 3} just
at the bend where the trail starts south over our private proper-
ties is a northeast gate which is locked most of the time recently
because the caretaker of Ridgeriders. thought it,might cut down
on some motorbike traffic, but this could be the terminus also.
The Ridgeriders in general would appreciate having that open.
No one wants motorbiking traffic but most of all people with private
property have a right to express their views on the fact they don't
want motorbikes on.their property.
Many of the people are here tonight - all of
whom have signed the petition which you have in front of you.
Their main reasons are the same as mine, although they may have
some additional reasons. A public trail over private property in
addition to the problems I have mentioned would of course mean
some more horse traffic. Horse lovers are not jumping up and
down against horse traffic but it would create some problems
that a private owner should not have to handle on their own, such
as the trash coming from those places, people throwing things
across, etc., and there is more chance of theft. I would say in
the last ten years that half of the property owners along here
have had some type of theft. I have had two in the.last seven
years. We know we have to keep dogs and such, but we don't want
anymore.than we have to have across our private property. Our
main objection is that it would be difficult to enforce.
Picture someone coming through and saying -
I have seen a map that this was even to become a proposed trail
and I am confused and I am going to use it until I get straightened
out. The other would be if they come down across our property
there is noway at that point if a motorbike situation comes up
for our people to say that was just a portion of a trail and no
one ever acquired the rights to go across our property - it might
be too late. So we would request and I will read this to you,
which is virtually 100% request of the property owners who have
- 13 -
CITY COUNCIL Page Fourteen
CITY ATTORNEY AGENDA 6/9/75
a private easement from Citrus Avenue to the northeast gate of
the Ridgeridc- :;' equestrian .. area, that reference to the trail
being located within that easement be deleted from the report and
further any maps showing the proposed trail be modified according—
ly. I am available for questions.
Councilman Tice; Mr. Cox, your main objection is not to the
trail itself but to the location of the trail?
Mr. Cox: The western extremity only over our own private
property. We are not against the trail. '
R. French We are not opposed to the trail. It seems to
225 Plateau Drive me that there are equestrian., , trails that go
West Covina down the San Gabriel River and it would be
better if in the planning that this trail would
perhaps meet that. It would be better going down the Flood Control
to the San Gabriel River and not jogging south along our property
because there is no where to go from the end of it there. Also
this is the only way that we can get into the bottom part of our
property for nearly all of us and if it was a public trail with
horses and we are trying to bring in hay or something using our
trucks or vehicles, it would be a hazard. I just think it would be
better served someplace else on that portion of it.
Mayor Chappell: We thank you for coming out. Mr. Wakefield,
you might make your comments now.
Mr. Wakefield: Mr. Mayor and members of Council, I think two
things are obvious. The City does not as a
matter of right have the authority to establish
a public equestrian trail over private property. This means
without the consent of the 14 landowners that are involved some
other alternative route must be selected for the equestrian
trail. The second matter relates to the Environmental Impact
Report. If it is the desire of the City Council to have the
proposal for the location of the trail relocated then the
Environmental Impact Report should be revised and whatever changes
are necessary made to not only conform to the new proposal for the
route but also take into account what other environmental conse—
quences may flow from the selection of the new route. The
Cooperative Agreement that is recommended by the City and the L.A.
County Flood Control District simply relates to the use of the
Flood Control right—of—way for recreational use. It could or
could not be approved without reference to the ultimate location
of the equestrian . trail in the northeast area which has been
referred to by Mr. Cox and Mr. French.
Mayor Chappell: A question of Mr. Miller. Was the knowledge
of the people who investigated this and laid
out this trail — as I understand the trial will
end up at Bonelli Park so it covers a lot of communities — was it
ever discussed that a big portion of this in our City was on
private property? Was this ever discussed and brought up bith the
landowners?
Mr. Miller: The project itself has not been specifically
discussed with the landowners. The steps taken
to reach this point involved the discussion of
the project being the old underpass basically to Citrus as shown on
the map. In discussing, reviewing and researching the private
easement, the actual right—of—way adjacent to Holt from where the
trail enters Holt and proceeds east to tie in with the skyline trail,
— 14 —
CITY COUNCIL Page Fifteen
CITY ATTORNEY AGENDA 6/9/75
we determined that the project itself, and this is all that staff
is recommending, the project itself consists of crossing at
Barranca from the west curb line to the east curb line and then
proceeding down the flood access road to Holt and the trail
terminates at that point. Easterly at that point on Holt the
width ofthe right—of—way and clearance of vegetation and safety
for -horses does not meet the minimum standards set for such trails
and therefore we are not.designating that as a trail. It is pro—
posed to place signs there to_pay attention for horses or be aware
that horses maybe in the area, but there is no intention to sign
that as a horse trail. Westerly of Barranca, in reviewing the
private easement held by the Ridgeriders from Barranca to the
private easement where the Vanderhoof. Tract takes over and re—
viewing the C. C. R's for the Vanderhoof. ' Tract it was determined at
this point in time there is really no need for the public to take
over the trail. The trail is being used .now, it is open at the
Barranca Street entrance and if someone is desirous of traversing
from the Holt and Grand area to the Barranca entrance they use one
of three routes. (Detailed routes with the use of the display map.)
The City's project is to provide a horse trail
through the most safest and most direct route to make connection with
the private easement to make the Skyline Trail more accessible and
safer to the persons using the trail from the private easement as
well as from Ridgeriders. So the project consists only from the
west curb line of Barranca to the west curb line of Holt down the
flood control right—of—way. There is no intention to designate the
private easement as a public horse trail.
Councilman Tice: Mr. mayor, this map indicates it goes all the
way through to Citrus and I can see some concern
on the part of the property owners. Is it
possible we can discuss some alternative routes that would not con—
flict with the property owners along Vanderhoof? I realize it is
in existence but not dedicated.
(The Planning Director pointed out the trail on the display map;
explained the areas now being used as a horse trail, the private
area, etc.)
Councilman Shearer: Mr. Mayor. I think we have here an example, to
me of one of the fallacies of the Environmental
Impact Report procedure. The EIR does not deal
with the specific project. The purpose of an EIR is to gain and
gather information for evaluation to determine whether or not a pro—
ject is to proceed. I think what the results of this EIR has done,
and I think there are some unfortunate things looking back in
retrospect — if the map were color coded a little differently so the
dotted line west of Barranca looked a little different than the
dotted line east of Barranca perhaps this might have been a little
different, but the result of the EIR is that staff is recommending
that the City develop an equestrian trail only between Barranca
and Holt Avenue. Because of the information coming out of the report
the fact it is private property which would require a condemnation
proceeding even if the City desired to do it, and I am sure it would
not, but that was the result of the report. These reports are man—
dated to us. I don't think it would be proper for us to go back now
and rewrite the EIR so that it matches what we finally decide this is
what the Council decides to do. So it matches the ultimate project.
That is not the intent of the legislation requiring the EIR to be
made in the first place. I think the recommendation here is two
different things. One is the EIR and the second is the agreement
with the County to utilize the flood control channel right—of—way
— 15 —
CITY COUNCIL Page Sixteen
CITY ATTORNEY AGENDA 6/9/75
between Barra -^a and Holt and designated in that limit only as a
horse trail. if we don't do this then the people riding in that
area are going to continue using Virginia with the inherent com—
plaints of vehicles and horses on the same narrow street or the
frontage road of the freeway. I think this is an improvement.
Unfortunately we can't afford to go the whole route at this time.
I believe while in that respect the EIR might have been a little
better prepared perhaps the next time it will be. We do have to
keep in mind that we are talking about two different things.
One is the EIR and then subsequently the project and there is no
intent that we are going to be utilizing the private properties.
In the first place it would be illegal — isn't that correct,
Mr. Wakefield? (Answered: that is correct) This was merely dis—
cussed in the data gathering process.
Councilman Browne: Mr. Mayor, I concur in the statements made by
Councilman Shearer, in that the map does
designate specifically,that there is an existing
private equestrian trail and marks the points and then it relates
to the Barranca/Holt easterly section there. Actually I think this
benefits those people in the Ridgeriders' group and the private por-
tion where they do have a private easement established in the fact
that there is a continuity of use. The impact statement does not
relate to the specifics of use and does oot authorize use of the
equestrian trail. I think there has been a misintrepetation
of use here. As stated by Councilman Shearer these impact reports
cover a board base and in trying to clear the subject we have to go
into the fringe areas of concern to get to the point of concern.
So I would see no conflict whatever in the impact report over the
use of private property.
Councilman Tice: Mr. Mayor. If they altered the route would that
call for a new impact report from Barranca to
Holt?
Mr. Miller: Not to practice law, but I have been advised by
the City Attorney that basically an EIR is a
data gathering. The minutes from the Planning
Commission and Council are all added as addendums and what is
involved is the project itself, what you finally approve is from
Barranca to Holt and is the end product of that impact report, it
does not require revision.
Mayor Chappell: What we have done this evening, I am sure, has
cleared up the air for those 14 private land —
IN owners. The facts are that we cannot use their
private property and are not going to use their private property,
so I think we are on firm ground to move on and approve the impact
report and also authorize the Mayor and City Clerk to execute the
contract with the County.
Councilman Miller: Mr. Mayor, a question of staff in regard to
the maintenance cost. From the Recreation &
Parks Department there was concern about the
overall agreement with the County in maintaining this area, they
thought this would be too much of a demand on them in the way of
cleaning up and maintaining.
Mr. Zimmerman: Mr. Mayor and members of Council, the mainten—
ance of the trail has been shared by the
Ridgeriders. in a letter to the City in which
they have agreed to do some of the trimmings of the plantings along
the trail. The installation Will all be done by the County Flood
Control District. There will be some maintenance of the irrigation
system and some installation or payment for utilities to operate
— 16 —
CITY COUNCIL Page Seventeen
CITY ATTORNEY AGENDA 6/9/75
the irrigation system. We estimate the total cost of the mainten—
ance to be abcjt $1500 a year, or approximately $100 a month,
some of that shared with the Ridgeriders who will trim the trees.
Staff feels that this amount of effort can be absorbed within the
existing framework of personnel and resources available.
(Councilman Tice pointed out there was some concern at the first
hearing that the proposed route from Barranca to Holt where it
drops off at Barranca and then picks up on the private equestrian
trail there was a concern that there would be more horse traffic
and it would be uncontrollable.)
RESOLUTION NO. 5067 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA CERTIFYING TOTHE
ADEQUACY OF AND ADOPTING THE
ENVIRONMENTAL IMPACT REPORT FOR THE
EQUESTRIAN TRAIL.
Motion by Councilman Shearer to waive full reading of said resolution;
seconded by Councilman Browne and carried. Councilman Tice voting
"non.
Motion by Councilman Shearer to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Chappell
NOES: Tice
ABSENT: None
Motion b�'C6d*L6f1m8n Shearer to authorize the Mayor and City Clerk
to execute Cooperative Agreement with the County Flood Control
District; seconded by Councilman Miller and carried; Councilman
Tice voted "no".
ORAL_ COMMUNICATIONS
Mrs. Pamela Nelson First of all we would like to draw
2817 Glenhurst Place your attention to some twenty—five
and different residents that live on the
Mrs. Rita Sota hillside in question and we would
2813 Glenhurst Place like to thank them for being with us
West Covina in the audience this evening.
We are here to protest the condition
of our slope. Since we last talked to the Council very little
has been accomplished. We have settled the fact that we are in
District I City Maintenance, the same as Woodside. We pay the
same maintenance fee, 75o per hundred dollar of assessed property
value, yet they have maintenance, greenery and automatic daily
watering. As of August 1974 we understand the City took over the
land in question, approximately eleven acres, which to clarify is
the land surrounding Glenhurst Place, not the land way down slope
but the land right below our property line. The land which has
been proven to belong to the City. We have checked with the Fire
Department and were told the area was not safe. We requested the
Fire Department to notify the City of West Covina of their findings.
We are not happy since we last stood here before you that we still
have a fire hazard in our backyards except they have found time to
• water once a week. If we may make a comment at this point — why
has nothing been done to this land since August of 1974? Why only
now since we are here before the Council? We all paid our taxes
last year and part of this year to be maintained. Yet we are not,
why not?
Following is a list of our requests:
No. 1 — to clear the cuttings from the hill; it is still a fire
hazard. Although we were told there were no funds, no manpower,
— 17 —
CITY COUNCIL Page Eighteen
ORAL COMMUNICATIONS 6/9/75
no money avai'-.ble for dumping fees. No. 2 - since Woodside has
automatic sprJnklers we also would like to since we are in the
same maintenance district and we pay about the same in taxes.
No. 3 - We would like to have daily watering since the rest of
District I has it. No. 4 -- We would like to have some kind of
planted green growth;in case of a fire,,3 fire couldn't spread over
green growth of some kind. No. 5 - We would appreciate immediate
action on our hill for fire prevention now. No. 6 - We are
requesting since said land has belonged to the City as of August
1974 we would like a report consisting of time, labor and money
spent on said land surrounding Glenhurst Place.. Since the West
Covina Planning Department has no qualms about the green slope in
Woodside we would like to have a green slope.
We hope after staff has looked into our
request and submitted their.findings to the Council that this
Council may somehow put the matter into consideration in the
1975-'76 budget meetings. We would also like to thank Council
for our "Not a Through Street" sign that we got this week.
Wayne Rogers The subject I would like to speak on this
3137 East Cortez evening is the fact I received correspondence
West Covina from the City of West Covina from the Special
Services Officer bringing to my attention the
fact that my stable is in violation of the
Municipal Code Section 9203 paragraph D. Section 5. This refers to
the maintenance of anlaaals and in particular in reference to my pro-
perty, the maintenance of horses. I am being requested to remove a
stable that is too close to the property line and to remove horses
as well. A copy of the code was enclosed.
Basically the code reads "any poultry, animals,
household pets, domestic homing pigeons, etc., shall not be kept
or maintained within 50' of any dwelling or building, nor shall any
pen, coop, stable, barn or dwelling be maintained within 40' of any
portion of adjoining property." I recognize the stable I erected is
in direct violation with this code; however, approximately four
months ago when I planned the erection of this facility I called the
City of West Covina requiring information as to whether I needed a
permit and I was told I did not, and as to the distance that the
horse facility should be to a private dwelling the response I got
from the City was 351. So in my planning of the facility I took
this into account. My point before the Council is simply that I
would request that this letter- be rescinded or held in abeyance for
a period of time. The reason for this request is that I have been
informed by the City's Special Services Officer that consideration
is being given to a change in the zoning distinction between R-I and
R-A properties. My property is zoned R-A. I do have over 20,000
square feet of area, approximately two-thirds of an acre. The parcel
runs 130' in width and 230' in length. My home runs right down the
middle of the property. There is absolutely no way I could comply
with this zoning restriction. However, I feel the investment of
over $4,000 in this facility and the fact it is maintained to the
point - where I think it is over and above the average - would allow
me the privilege of holding off on the destruction of this and the
tearing it down until such time as any further action by the Planning
• Commission would change the zoning. My understanding is that the
zoning change would rescind both the R-A and R-1 zones and allow for
the maintenance of horses on any pEce of property over and bbove
20,000 square feet in area and that would be in accord with the
County restriction of 351. That would in.turn allow me to have my
stable placed where it is. It would enable me to keep it and not see
an investment of $4,000 go down the drain .for a period of perhaps
two or three months.
CITY COUNCIL
ORAL COMMUNICATIONS
Page Nineteen
6/9/75
I feel also the City was a little bit erroneous
in the fact ti,dt when I first called the City they gave me the wrong
information. I feel that I did everything that was in my power to
inquire into the circumstances and acted in accordance with what I
was told. For this reason I do particularly ask that the letter be
rescinded. I would further point out this code is very restrictive.
There are many properties in West Covina that I have viewed within
the past three days that in no way would conform to this code, and I
feel that maybe equal protection before the law is here and if the
code is to be enforced that everybody should do it. I am simply
being asked not to do it because I have a neighbor that has a home
on a R-I lot that sets 7' away from the property line. I feel this
is a little unfair. If there are any questions I would be happy
to answer.
Councilman Browne: What prompted the letter?
Mr. Rogers: I believe the neighbor behind me. A complaint
as to the erection of the facility; her com-
plaint was lodged a day after it was built.
Her major objection, from whatI can gather from the City Officer,
was the fact that there would be ,flies in her backyard. She
certainly didn't give much time to ensue as to whether or not that
would be the case. As I said the manure is taken out in the
morning and evening. I live there too, I keep an immaculate home
and I don't feel that it is a barnyard.
Councilman Browne: Did you obtain a permit to build the structure?
Mr. Rogers: No, as I indicated previously, I called the
City and it is classified as a portable stable
and therefore I was told it was not necessary
to have a permit. The City Officer confirmed this to me that it was
not necessary.
Mayor Chappell: If Council doesn't object - Mr. Aiassa, will you
have this matter looked into and report back to
Council at our next meeting, so we have a
recommendation. We certainly thank you for coming. (No objections)
Councilman Shearer: Mr. Mayor, is that to imply to the request the
gentleman made, which I am certain it is, to
hold this in abeyance until that time?
Mayor Chappell: Yes, it would have that intent.
Donna Ritchie First of all as a member of the Tri-Community
S.G.U. YWCA Counsel on Aging, I would like to thank
1600 W. Cameron Councilman Tice for attending the Old American
West Covina Fair recently. I think it really showed a
sensitivity to the neglected senior citizens
West Covina. in this area. Thank you for representing
As an adult director of the San Gabriel Valley
YWCA I would like to make you aware of our existence in West Covina.
We have had several staff changes this year and as a result of that
we have re-evaluated our goals and will be making several changes that
I would like to have you aware of. First of all men are now welcome
to the YWCA. So if you are interested in any of our programs please
drop by. We are relocating - looking for a facility that will let
community members have better access to the YWCA rather than just
being in a professional building as we are now. Also we want to
become more involved in the community activities. We know that just
working out of an office you really can't assess the needs of community
- 19 -
CITY COUNCIL
6ral Communications
Page Twenty
6/9/75
members. So we will become more involved and you will hear from us.
In order to rre the community more aware of the programming at
YWCA we are planning in August a big family picnic and you will hear
more about this.
We are celebrating International Women's Year,
. which is 1975, and the Bi-Centennial,as well as YWCA's 40th year.
So we hope you will all become a part of that and we will be
getting more information to you. Thank you.
Mr. Lee. Sechler This may not be the format to place this before
1724 Fair Ridge the Council but I would respectfully suggest
Creek that this Council investigate the possibility
of adopting a resolution such as the Los Angeles
City did recently regarding dogs. I am a dog owner myself and a dog
lover, but the barking of the huge animals that many people deem
necessary in many small home areas I think is entirely uncalled for.
I would appreciate your advice as to how to present this to Council.
If this is not the proper media and a written communication is
needed I will be glad to provide it.
Mayor Chappell: Probably to get more exactly of what you are
talking about a written communication mailed to
the City Hall addressed to Council would then
get on the agenda for our discussion and consideration.
Mr. Sechler: Are any of the Council members aware of that
particular ordinance that was passed?
(Council answered: No)
MINUTES CLERKS' Mr.Wakefield: Mr. Mayor and members of
CONTRACTS Council, the existing con-
tracts between Nancy Beardsley
and Kay Cedergreen for the reporting of the minutes of the City
Council and of the other Boards and Commissions expire effective the
1st of July. The staff recommendation is that both contracts be
extended for an additional year period. The contract with
Kay Cedergreen is rewritten, there are no changes in substance in
that agreement excepting a specific provision with respect to the
cost of transcribing the minutes of the City Council meetings if
Kay is requested to do that. It would be done only in the event of
the absence of Nancy Beardsley, but there is specific provision for
.compensation for that extra activity. Nancy's contract is simply an
extension of the present contract.
Motion by Councilman Tice for approval of both contracts; seconded
by Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Puller, Browne, Tice, Chappell
NOES: None
ABSENT: None
REQUEST FOR BLOCK Mr. Wakefield: Mr. Mayor and members of
PARTY WITH FIRE- Council, this is a request from
WORKS 7/4/75 Mr. H. L. Doss, 1708 W. Thelborn
Street for a block party with fireworks on
July 4, 1975. This matter was referred to staff
from the agenda of your meeting of February 24, 1975. There is no
• legal objection to the granting of the permission to hold a block
party. It is staff's recommendation that the request be approved.
Motion by Councilman Browne to approve the request for a block party;
seconded by Councilman Miller.
Councilman Shearer: Mr. Mayor, a comment. Normally we approve these,
but in some cases things may get a little out of
hand and complaints come from other neighbors
20 -
CITY COUNCIL Page Twenty-one
CITY ATTORNEY AGENDA 6/9/75
who perhaps are not involved. We have another meeting before the.
4th of July, I would like a report from Mr. Doss who has requested
this particular block party again which has been going on for
several years.. I would like a brief statement from him as to
whomhe proposes to include in the block party. I received a com-
plaint this evening from someone in the area, which I consider a
very legitimate complaint. I would like Mr. Doss advised that the
City is concerned that this party be held in "good taste" - and that
may not be right word - and some control over those in attendance
and that it does not involve the use of areas that are not included
in the block party. I would like to see this held over until this
is received in order to satisfy the people in the area that are not
a part of it.
(Councilman Tice and Councilman Miller agreed, stating they also
received complaints to the effect that people were bringing in
their friends and relatives from the outside; both feeling it
should be restricted, if possible, to the immediate people in the
area.)
Mayor Chappell: I wasn't aware that there were any problems or
complaints - this group has had such a party
a number of times. Mr. Aiassa - will you contact
this group and have them come down to our next meeting and clarify
their plans to us.
Councilman Shearer: Mr. Mayor, I would like to comment further..
I do not want to place myself in a
neighborhood spat. I don't know any of the
people personally and I hope that no one gets the idea that I am for
or against someone but if the complaints made to me over the phone
are true then I think I would be against it.
Motion by Councilman Shearer that this matter be tabled to the next
regular Council meeting; seconded by Councilman Miller and carried.
NATIONAL FLOOD Mr. Wakefield: Mr. Mayor and members of
INSURANCE PROGRAM Council, it is the recommenda-
done about the implementation of this tion of staff that nothing be
and we wait developments in Congress torsee awhethereorrrnot nthelme date
for entering into the program is extended and whether or not the
City's appeal from the flood plain maps, as lodged in 'Philadelphia is
successful,
So moved by Councilman Browne; seconded by
Councilman Miller and carried.
Mayor Chappell: I talked with the Assistant Secretary ofthe
Army last Friday and he said he has written us
a letter on this subject - has it arrived yet?
(City Clerk advised it came in today.) That may clarify this
situation.
MTEB REQUEST THAT THE Mr. Wakefield: Mr. Mayor and
FHWA REVISE THEIR members of Council,
STANDARDS AND PROCE- this is a request from
DURES ON NOISE LEVEL the Metropolitan Transportation Engineer -
REQUIREMENTS ing Board that the City support its
position with reference to a request to
the Federal Highway Administration to revise its standards and pro-
cedures for Noise Level requirements on federal aid system projects.
The MTEB is of the view that the proposed standards and procedures
for sound barriers on federal highway aid projects is unrealistic
except with respect to limited access freeways and these standards
need to be revised to take into account the fact that many of the
- 21 -
CITY COUNCIL Page Twenty-two
CITY ATTORNEY AGENDA 6/9/75
streets which ire a part of the federal aid system are feeder
streets and not freeways. The recommendation of staff is that the
Mayor be authorized to send a letter to the League of California
Cities, the County Supervisor's Association, the Southern California
Association of Governments, and the Congressional and Senatorial
Delegations from California endorsing the MTEB request.
• So.moved by Councilman Shearer; seconded by
Councilman Miller and carried.
SURPLUS CITY -OWNED
PROPERTY The City Attorney presented:
RESOLUTION NO. 5068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED OF WEST COVINA DECLARING CERTAIN CITY OWNED
PROPERTY TO BE SURPLUS AND AUTHORIZING THE
SALE OF SAME BY PUBLIC AUCTION.
Motion by Councilman Miller to waive full reading of said resolution;
seconded by Councilman Shearer and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
THE MAYOR CALLED A RECESS OF THE CITY COUNCIL MEETING AT 9:57 P.M.
FOR THE PURPOSE nF CONDUCTING THE REDEVELOPMENT AGENCY MEETING
FOLLOWED BY A MEETING OF THE PARKING AUTHORITY. COUNCIL RECONVENED
AT 10 P.M.
CITY MANAGER AGENDA
SPECIAL ADDITIONAL
FUNDING FOR 1974-75
BUDGET FOR W.C.
PARADE COMMITTEE
(Staff Report)
the transfer of these funds
shown in the staff report.
but Council does have this
Mayor Chappell:
Mr. Aiassa: Mr. Mayor and members of
Council, Mr. Eliot and I
went over this problem
and if Council wants to grant additional
funds as requested it would have to be
done by motion of Council authorizing
from the various small accounts as
Normally this is not a good practice
prerogative in certain emergencies.
What we are doing if we do it is voting
to a maximum of $950. additional above
the $800 or a total of $1750.
Motion by Councilman Shearer that City Council authorize the transfer
of the accounts listed in the report dated June 9, 19750 to the
appropriate account that would make it eligible for payment to the
4th of July Parade Committee. Seconded by Councilman Miller and
carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
• BLOCK PARTY REQUEST Taking into account the comments made
MRS. RITA SOTO earlier by Council with regard to
2813 Glenhurst Place a Block Party, Councilman Shearer moved
6/14/75 at 1 P.M. to 6 P.M. approval of this request; seconded by
Councilman Browne and carried.
(Councilman Miller pointed out this referred to the 100% participation
of neighbors, not blocking driveways with barbeques, etc.)
- 22 -
CITY COUNCIL
CITY MANAGER AGENDA
OWEN MENARD & ASSOC.
STATEMENT
carried on roll call vote as
. AYES:
NOES:
ABSENT:
SCHEDULE FOR BUDGET
SESSIONS
WOODSIDE VILLAGE
MAINTENANCE DISTRICTS
NOS. 1 and 2
(Staff Report)
eliminate Zone H and require
requirements as now spelled
resolve some of the problems
the natural hill, which seem
of the developers have been
natural vegetation. As you
had the ecologists in the au
its natural vegetation
don't seem to want the
Councilman Browne:
Page Twenty-three
6/9/75
Motion by Councilman Shearer to authorize
payment of $6955 to Owen Menard &
Associates, general plan consultants,
covering statement dated May 19, 1975;
seconded by Councilman Browne and
follows:
Shearer, Miller, Browne, Tice, Chappell
None
None
Motion by Councilman Browne, seconded by
Councilman Miller to approve the schedule
as submitted for forthcoming budget
sessions; motion carried.
Mr. Aiassa: Mr. Mayor and members of
council, I, would like to
make a recommendation that
the Planning Department and Planning
Commission review Zone H. This is the one
that keeps cropping up. I think if we
the developers to put in the necessary
out in the ordinance I believe this will
and also clarify the manmade hill versus
s to be the technical question that some
using as a weapon.to leave the area in its
will recall when this was first drafted we
dience saying leave the ground green with
and now that the property is owned the owners
property around them in weeds.
INFORMATION REPORTS
a) STATUS REPORT ON
EASTERLY ANNEXATION
NO. 220
b) REPORT RE SENIOR CITIZENS
FAIR
c C.D.A. PROGRESS REPORT
d TRAFFIC SIGNALS - Sunset
and Workman Avenue
e) Detailed Progress Report
Re San Bernardino Freeway
MAYOR'S REPORTS
centennial and at that tin
flag will be presented to
City Band will be playing
. will be held to a minimum,
to raise these flags. It
been involved in Flag Day
presented we thought it wo
and have a short half hour
Mr. Mayor, I would make that motion,
because I was going to speak somewhat to
the same thing.
Seconded by Councilman Tice and carried.
Motion by Councilman Shearer to receive
and file informational reports; second-
ed by Councilman Miller and carried.
Mayor Chappell: Saturday, June 14, 1975
the West Covina Bi-
centennial Committee will be sponsoring a
flag day salute to the United States Bi-
e the U.S. flag and our official Bi-centennial
the City and raised at that time. The All
appropriate music for Flag Day, the speeches
the military will present the color guard
has been a long time since our City has
and because of the Bi-centennial Flag being
uld be an ideal time to combine a program
or so in celebration of flag Day. We
certainly hope everyone comes out and that the newspapers will give us
a little publicity on this to excite the communitv to come out anH
- 23 -
CITY COUNCIL
MAYOR'S REPORT:',
Page Twenty-four
6/9/75
eiew the raising of the flag that will be flying over our City for
the next year in selebration of the Bi-centennial Year. The
ceremony will start at 11 A.M. If there are no objections I will
now proclaim Flag Day June 14, 1975. (No objections)
• Also, I found the letter from the West Covina
Unified School District. (Read letter) (Asked City Clerk to
file) This means they are looking to other areas for disposing this
.property rather than just ourselves. Councilman Browne, have you
had a chance to meet with anyone yet?
Councilman Browne: I met last Wednesday with the Chairman of the
School Board and John Eastman and his Associate
Superintendent, and expressed our concerns and
threw out some projections. I will have some answers sometime this
week. I might add they were very receptive to any further proposals
we may have to make to them.
Mayor Chappell: Fine. I received a letter from the Master of the
West Covina Masonic Lodge 758, in which he states
"the year of 1976 will mark the 200 anniversary of
the United States of America. The West Covina Lodge in conjunction
with the LaPuente Lodge and the Baldwin Park Lodge are planning a
Bi-centennial Parade to celebrate this event. By the direction of
the Grand Master of Masons in California the Masonic Lodges of the
State are encouraged to host programs of this nature. We are
requesting the City Council to issue the necessary permit and waive
permit fees. We further request the Police Department to provide
the necessary policing for this event. The parade is to be held
Saturday, September 11, 1976 at 10 A.M."
Why they are requesting this so far in advance -
I am on their Bi-Centennial Committee, is the fact they are planning
on bringing out a large contingency of the Shrine Marching Units
and they are asking the Potentate to be the Grand Marshall of this
Parade and it takes a good year to set up and reserve these various
units and have the Potentate put an item of this kind on his calendar.
(Explained further) I think it is great that other organizations
in our city are taking ahold of this Bi-centennial project and wanting
to do something.
Motion by Councilman Shearer to approve subject to the review of this
by the Police Department and staff; and further waive the fee.
Seconded by Councilman Tice and carried.
(Mayor Chappell gave the letter to the City Clerk, asking that a
letter be sent stating that this was approved.)
Mayor Chappell: I have a vaeeust from the Environmental Division
of the Foothill Beverage Company asking us to
proclaim June as "Pitch -In Month", meaning
pitch -in and throw your trash in the containers and not into the,
street. The Governor of our State, also the Governors of Nevada,
Arizona and Hawaii are also proclaiming this month. If there are
• no objections I will proclaim June as "Pitch -In Month". (No
objections.)
COUNCILMEN'S REPORTS/COMMENTS
Councilman Browne: I would like to report to Council that on
June 4th we met in the City Manager's office,
also staff members of the Fire Department and
the three ladies from the Glenhurst location. This was in relation
- 24 -
CITY COUNCIL Page Twenty—five
COUNCILMEN'S _',"PORTS/COMMENTS 6/9/75
to what was expressed tonight and Mr. Aiassa has already taken one
step that I was going to propose in instructing the Planning
Commission to go back and review the H Overlay in the PCD and some
of the other things that have transpired. With regard to the
problems of the residents on Glenhurst Place as expressed tonight,
they are definitely placed in the jeopardy of a fire situation and
this was brought about because the Planning Commission and City
Council both listened to the environmentalists coming before us
urging that open space be left in its natural state. I think our
foresight then was not what it should have been. We made a
compromise in the setting of our standards and the type of planning
placed on the open areas of our hillsides. I feel that perhaps the
ecologists were working hand in hand with the developers at that
time in enforcing the fact that we should not plant natural areas
and this is where this section of the.hillside comes in.
Legally, I think, within our Maintenance District
it states that this is a natural undisturbed area and that the slopes
are not required under this District plan to be planted and as a
consequence the City has a 50' strip of property adjacent to -these
people's homes which I think has been seeded in barley in prior
years. Now this is not the natural plant coverage that existed
in those hills prior to the farming element that was in process for
many years before it was developed. This is a natural TMQa®eding of
the barley grown in the area which constitutes basically the same
thing as weeds on a vacant lot — a real bad fire hazard. Legally
and morally we have two problems here. The City has accepted the
Maintenance District, we do not have automatic sprinklers, we
have not planted any green growth, we have created a situation
where there are irrigation sprinklers but they have to be hand
manipulated to get any irrigation into the area and up to a week ago
I don't believe the irrigation system had been turned on.
Consequently we had a very desperate situation inrelation to a fire
hazard. Our Fire Chief visited the site, as did some of the
Battalion Chiefs and made recommendations of plowing under or
cutting this foliage which happened to be barley and left it
laying which constitutes just as bad a fire hazard.
And where the moral aspect comes in — these
people are paying into the Maintenance District and being assessed
the same amount of money that other people in the area are who are
enjoying a green area and by a quirk of legality are deprived of the
same benefits that others enjoy.
I would like to instruct staff at this time that
they make a further study of this and come back in two weeks with a
definite recommendation to alleviate the fire hazard and come up with
a means of instituting a program of planting on the portion of 50'
that is now within the City's Maintenance District. If Council agrees
with me I believe this problem can be resolved and I think time is of
the essence. It was expressed here tonight by the ladies that they
made an appeal two weeks ago and that nothing had happened other
than the meeting we had to try and find a mutual ground to stand
on and a method of approach within the legal rights of the City.
• So at this time I would ask Council to concur with me on recommend—
ing that staff come back with a recommendation to alleviate the
situation spoken too tonight. I make that in the form of a motion.
Seconded by Councilman Tice and carried on roll
call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
25 —
171
CITY COUNCIL
CO_UNCILMEN'S REPORTS/COMMENTS
Page Twenty—six
Councilman Browne: Mr. Mayor, going a little further on
this. At the same time that
Mr. Aiassa requested the Planning
Commission review the H Zone I think also specifically the PCD
Overlay and the Woodside Village Area should be incorporated in
this study to be instituted by the Planning Commission, to
resolve once and forever all of our past nearsightedness and place
the burden of responsibility on the developer where it belongs and
I put that in the form of a motion in addition to the one made by
the City Manager.
Seconded
carried on roll call vote as follows:
AYES: Shearer,
NOES: None
ABSENT: None
by Councilman Shearer and
Miller, Browne, Tice, Chappell
Councilman Browne: I received a letter from Supervisor
Schabarum re Project No. 220500 one
of information and there was more than
one piece of material. (Mr. Aiassa advised copies are being made
and the material will be sent to the Council.)
Mayor Chappell: I have an item brought to my attention.
Sometime ago the City Councii in their
wisdom passed some limitations to
obscene movies, etc., in our City and the reason we were able to do
that was because the legislators — the law they had written was
thrown out — which allowed us to have local control. There is now
a bill in the Senate that allows the individual communities to have
this local control at State level. Our concern was that once we
passed that local bill that we would be overruled by the State and
our ordinance would go down the drain. We have an opportunity to
support Senate Bill 886 which allows the local community to establish
these moral standards as they see fit. I think we should go on
record and write the Senators involved that we do support Senate
Bill 886 and hope they can put it through and have it enacted as law
so we at local level can make the decisions in our areas that we
know our community wants.
Councilman Shearer: How is local level defined in that —
incorporated cities?
Mayor Chappell: I_ read it to be local community.
(City Attorney asked to look the bill
over and make a report to Council as
soon as possible. The Mayor said if it turned out to be an urgency
matter the Council would be polled by phone as soon as the informa—
tion was received.)
APPROVAL OF DEMANDS Motion by Councilman Browne to approve
Demands totalling $9179084.36 as listed
on Demand Sheets B669A-70A, C1060-61
and B596-600; seconded by Councilman
Tice and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
— 26 —
•
Page Twenty—seven
6/9/75
Motion by Councilman Shearer to
adjourn meeting at 10:30 P.M.;
seconded by Councilman Diller and
carried.
APPROVED:
MAYOR
- 27 -