07-28-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
JULY 2.8, 1975.
The regular meeting of the City Council called to order at
• 7:30 P.M. in the West Covina Council Chambers by
Mayor Ken Chappell. The Pledge of Allegiance was given,
fnllowed by the invocation by Mr. George Zimmerman, Public
Services Director.
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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 Services Dir.,
Michael Miller, Planning Director
Harry. Thomas, Traffic Engineer
Dick Bonaparte, Special Services Officer
Janet Williams, Administrative Analyst
Bill Freemon, Staff Reporter — S.G.V.D.T.
Eric Cohen, Staff Reporter — Sentinel
APPROVAL OF MINUTES Motion by Councilman Browne, seconded by
Councilman Tice to approve minutes of the
meeting of July 14, 1975. Motion carried.
CONSENT CALENDAR Mayor Chappell 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) MR. & MRS. MILES G. Opposing the extension of Citrus
MILLER Street to Valley Blvd. (Refer to
2639 E. Larkwood St. Staff, and City Attorney) (Refer to Pages 3,
West Covina
b) MR. & MRS. RICHARD
SHENBAUM
1048 S. Magnolia Ave.
West Covina
c) CITY OF TEMPLE
MAYOR LOUIS T.
10-
17)
Opposing the extension of Citrus
Street to Valley Blvd. (Refer to
Staff and City Attorney) (Refer to Pages 3,10-
17)
CITY RE possible formation of a
GILBERTSON San Gabriel/Pomona Malley Associa—
tion and County Reform. (Council) (Ref&6)to
d) LONG BEACH MAYOR RE AB 1246 creating a county trans—
THOMAS J. CLARK portation commission and urging
opposition in its present form.
(Refer to City Attorney) (Refer to Pgs 3,6)
e) PAUL H. MORGAN, Atty.
f) PETITION
La Puente Rd Signal
On behalf of client interested in a
fortunetelling business and request—
ing opportunity to speak to council.
(Council) (Refer to Pages 3,4 & 5)
Requesting study to be made of
LaPuente Road for tr6ffic control.
Petition sent to City of Walnut also)
Refer to Staff) (Refer to Pages 18 & 19)
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CITY COUNCIL
CONSENT CALENDAR - Cont'd.
2. PLANNING COMMISSION
SUMMARY OF ACTION
3. RECREATION & PKS. COMM.
a) SUMMARY OF ACTION
b) ACTION ITEMS
4. HUMAN RELATIONS COMM.
SUMMARY OF ACTION
5. YOUTH ADVISORY COMM.
July 16, 1975.
Page Two
7/28/75
(Accept and file)
July 22, 1975. (Accept and file)
Refer to City Manager's Agenda
Items G-6 and G-7.
July 24, 1975. (Request hold over
to 8/11/75.
MINUTES June 17, 1975
June 24, 1975 (Receive and file)
July 8, 1975
6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
a) UNCLASSIFIED USE PERMIT
LOCATION: Northeast corner Azusa and
193 - ACCEPT IMPROVE-
South Garvey Avenues.
MENTS - RAY ANDERSON
Accept street improvements and
authorize release of: 1) Cash deposit
by Shell Oil Co. in the total amount,
of $6,895, and 23 Bank of America
savings passbook account No. 02349-
00478 in the name of Ray Anderson in
the amount of $19000. (Staff
recommends acceptance)
b) TRACT NO. 29126
LOCATION: Aroma Drive, easterly of
BRUTOCO DEVELOPMENT CO.
Azusa Avenue.
Review Engineer's report. Authorize
releas'e of savings passbook account
No. 6627-001035 in the amoun.t of
$25,000 with Wells Fargo Bank, assign-
ed to the City of West Covina on 1/7/72,
as security for obligations imposed by
that certain indemnity agreement dated
1/11/72, between Brutoco Development Co.,
and the City of West Covina regarding
drainage from Tract No. 29126.
(Staff recommends acceptance)
7. CLAIM FOR DAMAGES FILED
WITH THE CITY CLERK
JOHN & JUDY POLK, behalf
RE minor was struck while crossing
of Darryl Polk, a minor
the intersection at Orange and Yarnell
1B09 W. Glenmere St.,
in crosswalk. (Deny and refer to City
West Covina
Attorney and Insurance Carrier)
B. TRAFFIC COMMITTEE
MINUTES
ACTION
July 22, 1975. (Accept and file)
9. CITY TREASURER
a) REPORT
Month of June, 1975. (Receive and
file)
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CITY COUNCIL
CONSENT CALENDAR - Cont'd.
b) INTEREST EARNINGS
Robert C. Hobson, Atty.
• Law Offices of
Paul H. Morgan
Mary Ann Murphy
2904 filar View Lane
West Covina
Councilman Miller
Page Three
7/28/75
On Investments for 1974/75.
(Receive and file)
Requested permission to discuss
Item 1-0 with Council. (Granted)
Item 1-a - would like to discuss
during Oral Communications. (Granted)
Requested removal of Items 1-C & d.
(Granted)
Motion by Councilman Shearer to approve the Consent Calendar items
with the exception of Items 1-a, 1-c, 1-d and 1-e. Seconded by
Councilman Miller and carried.
ITEM 1-e
Robert C. Hobson, Atty We represent a man named Steve Adams
Law Firm of Paul H. Morgan
LaHabra, Calif. who desires to open and operate a
fortunetelling business in the City
of West Covina, a business presently
prohibited by provisions of your local code. Before I share with
you our reasons for requesting that this be considered you may
wonder why our client wants to conduct such a business in the first
place.
On March 21, 1969 Time Magazine posted
• an article entitled "Cult of the Occult" and in that article the
author commented that the interest in the occult has grown from a
fad to a phenomena. Since the appearance of that Time article
similar pieces have been done in Esquire, McCall's, Wall Street
Journal and News Week. And I don't think there is any question but
that Time Magazine is right. There is a tremendous amount of inter-
est in this area. Among the.1750 daily newspapers published in the
United States 1200 carry columns on astrology read.by an estimated
forty million Americans,every day. Ralph Storys of Los Angeles did
.a piece on this and indicated that eight million dollars were spent
annually in the United States on astrology alone. The Associated
Press in 1970 ran a survey on toy manufacturers in the United States
and their findings indicates that of those merchants surveyed that
cult related toys were the greatest area where the toy manufacturers
could achieve substantial gains,::in this decade. (Mentioned various
games, stores selling, and explained in some detail)
Local businesses have also been
getting into the act just as when recreational vehicles first
became popular you had a store just about on every corner catering
to the needs of the recreational area. (Mentioned by name and
location various shops now dealing in occult and astrology articles)
The advertising business has recently.got into the act. Recently
a national oil company on TV scid they will give you a free zodiac
when you fill up with their gasoline. The Armour Meat Packing
Company will give you a copy of Sidney Omar's Cooking in Astrology
• if you buy a pound of their bacon.
So basically what we are asking for
is that you consider repea,ling or amending your ordinance. We
think the questions presented for you are two prong. The first
question which we think youohave to answer is whether or not you
can constitutionally prohibit this kind of activity consistent
with the provisions of the California and U.S. constitution.
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CITY COUNCIL Page Four
CONSENT CALENDAR: ITEM 1—e 7/28/75
As I have indicated to Council in my previous letter several
northern California trial courts have taken the position that you
can't, they base their rulings on the first amendment — protecting
the freedom of speech which clearly includes and protects enter—
tainment, which our client anticipates doing with his enterprise.
Courts have also indicated that while the City government has the
power to regulate these businesses the power of regulation does not
include the power to prohibit especiallyif any less drastic measure
will suffice.
It is our position in this case there is no
justification for such a drastic matter as flat prohibition.
But that question will apparently have to be decided by a court of
law, there are no appellate court decisions on it now. The real;:.::
reason I am here tonight aside from the fact whether or not you can
constitutionally regulate this activity, there is another question
whether or not it is in the best interests of your city to do so.
I have talked to a lot of people about these ordinances, a lot of
communities have them, they are very common, and about 90% of the
people don't even know they exist and of those that I have talked
to that do know they exist no one can give you a good reason why
they exist. The most common reason is that well fortunetelling is
a species of fraud committed on the public. As a member of the
public I would say I think it is incredible that a governing body
should have such a low opinion of my ability to take care of myself.
Besides that I think this rationale misses the whole point. I think
95% of the people that frequent these establishments go there to
be amused. They go there as a matter of curiosity. They don't
run their lives on what the tea leaves say or base major decisions
on anything the fortuneteller might tell them, anymore than you or
• I would as we read the newspaper and perhaps got a bad astrological
forecast for that day. The second reason these establishments are
prohibited is because they say it is not really a species of fraud
but a foot in the door for fraud on a small portion of the
populace. I think that is at least a candid reason and I think
that is why they do exist, but I think when these establishments
are licensed there is no problem of fraud. If there is, there is
a 137 statutes in the penal code to deal with this in the State of
California.
My point is simply if you will look at the
jurisdictions that do allow this activity: Stanton allows it,
Inglewood does, E1 Monte recently amended their ordinance to allow
it and I think you will find without exception that communities
that have it it is not a problem. We would request that you
favorably consider amending or repealing your ordinance. We think
you can adequately protect any interests that the City of West
Covina has by merely licensing this business like any other busi—
ness. I would be more than happy to answer any questions. Thank
you.
Councilman Shearer: Mr. Mayor, a question. Your client is he or
she a citizen of West Covina?
Mr. Hobson: No, he is presently a resident of the city
of Los Angeles.
• Councilman Shearer Mr. Maycr, I would just comment that until
such time as I see citizens of West Covina
coming to me as their elected representative
saying I wish we had a fortunetelling establishment in our City,
until then I do not feel in anyway obligated. E1 Monte is not so
far away and until such time as the courts may rule -our ordinance
invalid they can go there.
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CITY COUNCIL Page Five
CONSENT CALEP:OAR: Item 1—e 7/28/75
Councilman Shearer: I would not be in favor of opening
this up again. We went through this
not too many months ago when we dis—
cussed the question of astrology for a hobby. I move that we
• receive and file the communication.
Seconded by Councilman Browne and
carried.
ITEM i—c
Councilman Niller: Mr. Mayor, if the Council so desires I
would like to see us have a letter drafted
for Council approval with input from the
Council and staff and sent to Mr. Gilbertson or the proper
Committee, so they can have input on this matter. I know there is
some question about it, some feel it may never materialize, but I
attended one particular meeting and I think it warrants at least
consideration at this point.
(Councilman Tice asked what input would be given and Councilman
Millar said "we would have to touch base from the information
received in our packet. Apparently they are touching on the
topic of breaking away from L. A. County; also finding what our
tax base is in the San Gabriel Valley." (Explained further)
Councilman Tice: Mr. Mayor, my own feeling is I am not pro
or con about forming another County. I
would have to see a lot of financial
data before taking a stand on it. I don't mind giving out some
• information but my own feeling is that we keep a neutral feeling
on this.
Councilman Browne:, Mr. Mayor, I feel if these people in the
other cities wish to go ahead on this they
should have the study. I am neither pro
or con, I feel we have enough in our own city to occupy our time.
Mayor Chappell: This is a two part request. One is the
study for secession of our area from the
County and the second is a formation of a
group to pursue areas that are of great concern to the East San
Gabriel Valley, such as the Bay Cities have their organization
that pursue areas pertaining to the beach front, recreation at the
beach and things like that. I think perhaps our input at this
point would be best. I think it might have some merit, as long as
it doesn't conflict with the League of California Cities, which is
where I think our efforts should really be placed. We just had an
area — the RTD study that had us pretty well organized as far as
busing went and then when it went to our superv4_sors our
representatives Schabarum and Gregory it was completely out voted.
This might be an area where a number of cities out in this Valley
could send a spokesman there and explain that we are a lot of
citizens out here and we too have a right to receive some help
from the County. There is quite a bit of money spent in the
medical area, several hospitals are in other areas of the County.
• We have a Health Center, as you know, which was taken out of
West Covina not too long ago and moved over to Baldwin Park, which
was a step in the right direction. But these might be areas that
we could look into and join in on a larger group presentation.
I think we should look at this and send one of our Councilmen to
the next meeting and see if we want to pursue it any further.
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CITY COUNCIL Page Six
CONSENT CALENDAR: ITEM I-c 7/28/75
(Both Councilman Browne and Tice agreed if it were just an ad hoc
committee because they felt there were too many bureaucratic
organizations already (named several); further stating every time
one of these organizations are formed it is to take care of their
own interests in their own area.)
Mayor Chappell: That is exactly what this group would be
formed for to take care of specific issues
in our area that would not be unique to
other areas. I say if somebody would like to attend the next meet-
ing we can find out where it is and one of you can go or we can
send a staff member. I don't want to do anything that will be run-
ning counter to the League of California Cities, I think that is
where our strength lies. If this doesn't weaken that organization
but aids and assists it in valuable information then perhaps we
could get involved. (Council had no objection.) I will find out
what the date of.the next meeting is and poll Council to see if
we have a volunteer. (Councilman Miller volunteered if the date of
the next meeting did not interfere with his schedule.)
Motion by Councilman Miller to receive and file; seconded by
Mayor Chappell and carried.
ITEM I-d
(Councilman Miller asked for clarification - at this point are we
accepting this bill thus saying we are going to oppose the bill
without any suggested amendments? The Mayor advised it was being
referred to the City Attorney, who in turn would give Council a
report.)
• Motion by Councilman Miller to refer to the City Attorney Item I-d;
seconded by Mayor Chappell and carried.
PRESENTATION Mayor -Chappell presented a resolution of
commendation to Crystal Texiera, a former
Youth Advisory Commissioner, who resigned
recently because of her employment. Read resolution commending
Miss Texiera for her various activities in the City with other
groups.
PUBLIC WORKS
RATES FOR PROFESSIONAL (Council reviewed Engineer's report)
SERVICES BY CONSULTING
ENGINEERS Hotion by Councilman Browne to approve
the proposed rates as submitted by
Walsh and Associates, Inc., to be
effective August 1, 1975; seconded by Councilman Tice and
carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PUBLIC HEARINGS
AMENDMENT NO. 124 Proposed amendments to Article IX,
• CITY INITIATED Chapter 2 - Zoning, of the West Covina
Municipal Code pertaining to the parking
and storage of commercial vehiclesawithin
the City of West Covina, by amending Sections 9201, 9203, and 9204
thereof, and adding Sections 9201.1. 9219.19 and 9219.20 thereto,
and the repeal of Section 3187 of Article III, Chapter 1, Part 5.
Recommended by Planning Commission Resolution No. 2596. (Proof of
CITY COUNCIL Pa e Seven
HEARINGS: Amend. &124 7�28/75
Publication in the West Covina Tribune on July 17, 1975 received.
No mailed notices required)
Mr. Miller, Planning Director, summarized
• staff report and Planning Commission Resolution.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT
NO. 124.
Mrs. Musich I am against the ordinance. I feel,
3447 Hillhaven Drive gentlemen, that I am back where I started
West Covina, from several months ago because several
months back I did appeal to Council for help
to be allowed to park my truck in my drive—
way. At that time I was receiving citations for parking the truck
in the driveway and so I came to you and presented my problem and
you were very gzacio-us and put me on moratorium and sent my problem
to traffic who said it was not their problem and then it went to
planning. In the meantime I had several tickets and I went to
court on them and Judge Martin ruled I was not covered under 3187.
He paid a compliment to the Council who did write that ordinance
because he said he knew they were intelligent and knew if they
wanted to say the owner could not park their truck there they would
have said it and they had not said it. So @Melt I was not covered,
I would be allowed to park in my driveway.
In the meantime the problem went to
city planning and today before you is a city ordinance which will
again prohibit my parking in my driveway. I believe the ordinance
is discriminatory because it does not control the large recreational
• vehicles which are allowed to park wherever they please.
Captain Ryan, at a traffic meeting I attended, said the large
recreational vehicles are only used once or twice a year for vaca—
tion purposes and this is not true. Because in my research I have
found that at May Company, which is in West Covina, they are parked
and at the stores and even taken to work and also used for shopping.
I believe also it is discriminatory because it allows some commercial
vehicles, also vans, some of which are larger than I am. For
instance the crew cab, which is called Fleetside Pick Up. This can
be purchased with dual wheels which I have on my truck and it also
weighs 10,000 pounds which is more than I weigh. Staff said that
these trucks are not conducive to the residential area than mine and
I don't understand why, especially where my property is located.
It is mot in a resort area and not an area where the majority of
the residents are retired and do nothing but vacation. It is a
working man's area. Therefore, I cannot see where my truck is out
of place parked in the driveway. We use it to earn our living
with. I cannot see what is wrong having a truck parked there in a
working man's area and we use this and others use their pick ups for
the same purpose. Also my truck is not considered a large truck it
is considered a light truck.
In presenting the ordinance to the Planning
Commission Mr. Diaz said this "trucks parked in the driveway in a
residential area create fumes and noise" and I agree with this 100%,
but the area I live in is right on the freeway and the fumes and
• noise are always present and I don't feel I am contributing very
much to that problem. Staff said that I am covered and I have always
been covered by these regulations. Maybe I am looking at it in a
different way than staff is looking at it. I am not mentioned in
the zoning code that I have researched and the fact I am not men—
tioned means that I am prohibited from being there and the parti—
cular ordinance underwhich I could be cited in the past for being
parked in the driveway was 3187 which Judge Martin said I was not
covered under and which is being repealed with this new ordinance
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CITY COUNCIL Page Eight
HEARINGS: AMENDMENT NO. 124 7/28/75
if it should be passed. Therefore I don't feel that I was
covered by zoning. The fact that I will be covered by this
particular one and the fact that I have been parked in the drive—
way for 6J years, searching for avenues that could be discussed,
could I possibly come under a grandfather clause? The fact that
• I feel I was not covered and I have been there for such a long
period of time and also the fact that my neighbors do not object.
I have appealed this problem to
Congressman Lloyd and Assemblyman Lancaster. They both said it
was a city problem and they could not interfere. However, when
the City Attorney said I could not have a variance because that
was a state law I appealed again to Mr. Lmrars-t&r &r.rd again: he
said this was a city problem, that I cannot have a variance. So
I am appealing again to you gentlemen. I would appreciate it
very much if you could see fit to let me park my truck in my
driveway. Thank you.
THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED;
COUNCIL DISCUSSION.
Councilman Miller: Mr. Mayor. I do want to say that this.
basically was a job well done by staff,
J do though at this point have one major
concern. Page 3, No. 5, which deals with Parking and the Storing
of Commercial Vehicles Prohibited. It seems to me that an indi—
vidual who owns a commercial vehicle can legally drive it down
the street, they can pull it up to their property and can pull it
to the side of their house and adequately surround it with a fence
to keep it reasonably covered from the view of the public, that
this should not be a prohibition against them. I tried to find a
• way which may be included in this first paragraph. I talked to
the City Attorney and it seems reasonable if we could include the
additional words "except if granted a conditional use permit",
which would allow the individual to go to the Planning Commission
and have a hearing and at that time those in protest can do so
from the neighborhood and if it warrants no protest from the
neighbors it shows that these conditions are not harmful and if
Council agrees possibly we can allow a few exceptions. We allow
exceptions for businesses, etc.
Councilman Browne: This is a prerogativethat any one in the
City has wishing to go into a use prohibited
by an ordinance — to come in and get a
conditional use permit or a variance. This is written right into
the ordinances of the City, so I don't think it necessarily has to
become a part of the ordinance we are writing now. I think over
a period of years we have pros and cons relative to various types
of vehicles, commercial versus recreational, this is merely a
housekeeping matter to clear up the ordinance and it doesn't
specifically prohibit Mrs. Musich coming before the Commission
for such a variance or use permit.
Councilman Shearer: That is one of many questions. Mr. Wakefield,
could you clarify that — can there be a
variance given to an ordinance unless that
ordinance provides for such a variance?
• Mr. Wakefield: Mr. Mayor and members of Council, we are
talking about two different kinds of things.
A variance is designed to permit the waiver
really of certain kinds of requirements such as height requirements,
side yard setbacks, front yard setbacks, etc. About 3 years ago
the legislature added to the provisions of the government code a
section which says in effect that a City may not grant so called
use variances. That is variances which authorize a use of pro—
perty which is otherwise prohibited within the zone the property
is located.
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CITY COUNCIL Page Nine
HEARINGS: AFIEND. NO. 124 7/28/75
We do have a so called Unclassified Use
Permit procedure which is available. In the past however the
circumstances underwhich an Unclassified Use Permit can be
authorized have been set forth in the Ordinance simply because
we are talking about what is otherwise an authorized use of
• property subject to the granting of an Unclassified Use Permit.
The purpose of the Unclassified Use Permit is to simply determine
:in the first instance that the use will not be detrimental to
'the surrounding properties or to the neighborhood and that the
:site is adequate to accommodate the use proposed to be made.
I would think that if the City Council
desires to make the Unclassified Use procedure available that
'the suggestion of Councilman Diller should be followed; in other
words the uses are prohibited in the residential zone except in
those instances where an Unconditional Use Permit has been
authorized by the Planning Commission in accordance with the pre—
scribed procedure.
Councilman Browne: Mr. Mayor, I would not object to this '
being written into the ordinance in this
instance where the State legislature has
overridden our powers here. I think it would force us to write
this in if we wish that.
Councilman Tice: Mr. Mayor, a question of Mr. Wakefield.
Does this clarify the two ordinances we
have that refer to this commercial parking
area? We had two for many years which I think was a conflict in
itself.
Mr. Wakefield: Yes, Councilman Tice, this ordinance
which is pending before you tonight is a
land use ordinance. It regulates the
use of privately owned property. There is another draft of an
ordinance pending before the Traffic Committee which governs
the parking or storing of commercial vehicles on public streets
and public rights —of —way. That matter is not before you this
evening. This is strictly a land use ordinance. And we will
still have two ordinances.
Councilman Tice: I hope they will not conflict as they did
in the past. One said "no" and the other
said "yes".
Motion by Councilman Miller to add to Section 9219.19 dealing
with the Parking and Storing of Commercial Vehicles Prohibited,
at the end of that first paragraph "except if granted an
Unclassified Use Permit"; seconded by Councilman Browne and
carried.
Motion by Councilman Browne to instruct the City Attorney to
Prepare the necessary City ordinance; seconded by Councilman Miller
and carried.
1.974-75 WEED & RUBBISH LOCATION: Throughout the City.
ABATEMENT ASSESSMENT Hearing of protests set for this date
• HEARING OF PROTESTS pursuant to City Council Resolution Nos.
49159 5019 and 5059.
(Council reviewed Engineer's report)
Mayor Chappell: Madam City Clerk, do you have the Affidavit
of Posting?
City Clerk: Yes, I do.
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CITY COUNCIL Page Ten
HEARINGS: 1974-75 WEED & RUBBISH ABATEMENT ASSESS. 7/2B/75
Motion by Councilman Tice to receive and file; seconded by
Councilman Browne and.carried.
Mayor Chappell: Madam City Clerk, have you received any
• written protests or objections?
City Clerk: No, I have not.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF PROTESTS
RE 1974-75- WEED AND RUBBISH ABATEMENT ASSESSMENT. THERE BEING
NO PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
NONE.
RESOLUTION N0.5093 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA,-CALIFORNIA, CONFIRMING
THE REPORT OF THE STREET SUPERINTENDENT
DATED JULY 219 19759 MADE PURSUANT TO THE
PROVISIONS OF THE GOVERNMENT CODE, CHAPTER
132 ARTICLE 2, SECTIONS 39574 THROUGH
39576.52 LEVYING THE ASSESSMENT -FOR THE
WEED AND RUBBISH ABATEMENT FOR 1975...
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
ORAL COMMUNICATIONS
RE EXTENSION OF Mayor Chappell: I perhaps should tell
CITRUS STREET TO you what Council and
VALLEY BLVD. staff has been doing in
this area. I would say that this has been
of concern to Council. I have been in
meetings with our staff making recommendations that we have an up-
dating of our General Plan in the vicinity of Citrus Avenue and a
number of other streets. Staff is preparing this recommendation
and the Council will be hearing it shortly and then have a public
hearing on it. I will now open Oral Communications.
Mary Ann Murphy Mr. Mayor, members of City Council, as you
2904 Far View Lane know in May I came to you and spoke of the
West Covina concern of the citizens in the area of
Citrus re the extension and widening of
Citrus. Since that time I have been to almost all your meetings
and kind of sized you up. I have seen many people come with
small and large and many localized issues. I can ' say I have
been impressed with the attention you have given to many of these
issues. When I came to you in May it was my first City Council
meeting. I came to you with what at that time seemed to be a
very local issue. The citizens of one area concerned with their
own community, so to speak. At this time we have had two months
to think about it and I think we have something here that is far
more important than just the few residents in the area of Citrus.
I think your decision on this matter is going to be extremely
important in the future of West Covina.
I recognize your concern for broadening
the tax base in West Covina, for your need for development com-
mercial areas, for your concern for Eastland and for your need
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CITY COUNCIL Page Eleven
ORAL COMMUNICATIONS 7/2B/75
to get people to Eastland. If Citrus does go through the hills
to Walnut it Will be a two way street. It will take people to
West Covina and out of West Covina and through West Covina.
West Covina as we know it today will no longer exist as an area
of fine homes and good schools. West Covina will extend from
• the San Bernardino Freeway to Orange County. No one will know
where it ends. Our neighbors to the south, Walnut, want to keep
their community as it is.
Tonight I am bringing to you a petition signed
by approximately 2,000 residents of West Covina. We are totally
opposed to any through traffic through bCne hills beyond Grand
and Azusa, as they now exist.
There have been many people questioning you I
know, and me, and Mr. Schabarum and the County and the Cities
and I know you don't have all the answers tonight and will con—
tinue to investigate this. However, I hope that you will not
improve the quantity of life in here and destroy the quality.
We don't want to decrease our taxes and destroy the life in
West Covina. Putting a street which is to carry 30,000 cars a day
through a residential area can only destroy that area. I don't
think that anybody would argue that. I know our Road Department
feels this street is necessary to carry the traffic. We don't
feel it is necessary. We feel the streets you have already built
or the County has built, can accommodate this traffic. There are
many others tonight who will have more to say about this. You
know my position from my past speaking to you and approximately
that of 200 individuals in the Citrus area who attended a
Committee meeting. We will present the petitions to you before
the end of this meeting and I hope you will listen to the other
citizens. Thank you.
Audrey Lynberg Since the City of Walnut and the City of West
1311 Golden Vista Dr. Covina have a problem that is in common I
West Covina would think that we should take steps to ask
jinem
of Supervisors thathwillobring ansolutionand oaandudy notwith justtfroBoard
West Covina but push will come from over the hill and not just
West Covina. I would like that to betaken into conside"ration.
Thank you.
Mayor Chappell: We have asked representatives from the County
to attend this evening. Basically my request
to them was to find out if there were any pro—
jects in the mill for the county building a road or any plans
for the future which I think would be of vital concern to you.
We have Mr. Mike Lewis with us from Mr. Schabarum's office. We
have been in communication with Mr. Schabarum, myself, approxi—
mately two times a month, continually he tells us there is no
chance of this being done because of no funds and secondly, the
priority on this particular location is very very low.
Mike Lewis: Mr. Mayor, I believe there is somebody here also
from the Road Department who can answer questions
as well. I presume you have all seen a copy of
Mr. Schabarum's letter to Councilman Browne, but I would like to
• read one paragraph in there to emphasize to Council our current
Position on the project. "Because of funding limitations and
other higher priority projects we have no schedule to build this
improvement and would not anticipate its construction for quite
sometime." I don't need to tell you that the status of the
County road funds is in a rather nebulous position right now, not
only are the demands formore and more road projects increasing
— 11 —
CITY COUNCIL Page Twelve
ORAL COMMUNICATIONS 7/28/75
•
•
n
tU
but next year we will be losing a portion of our road funds -to
go towards our fifth of the Rapid Transit Starter line, which
will be constructed from Canoga Park to Long Beach. Needless to
say we were a little upset about that but there isn't anything
we can do about it. So it is going to be that much more difficult
for us to set priorities and make determinations on which projects
are to be constructed. Our position at this'time would be the
higher the cost the less likely the money will be allocated into
that one particular project to complete it. Thank you.
Mayor Chappell:
the area that work
Mr. Marvin Blair is
I talked to the Road Commissioner today
and asked if he would send a representative
tonight because there have been rumors in
was being done and the work was to start and
here this evening.
Marvin Blair I believe as far as the Road Department is
Ass't. Deputy Chief concerned I can say at the present time
Road Commissioner there is no work going on or any planning
County of Los Angeles for the construction of Citrus over the
hill. There are no funds projected and at
the present time we have cancelled our
request for rights of entry to drill test holes in order to make
a geology study, which we were involved in some months ago. That
request was based on our ongoing planning but since the funds have
been cut off and not budgeted for this year we have cancelled all
work on this project at the present time.
Mayor Chappell: Thank you very much for coming this evening.
I know it has been a long trip. Does anyone
have a question of Mr. Blair before he leaves?
Chuck Richardson I used to live in West Covina and now I live
Walnut in Walnut and happen to live very close to
where the new road is proposed to go through.
We have a City Council that doesn't meet
in quite as fine a chamber as this but we are working on that too.
We have a planning staff that has indicated that an off ramp is
required at the location of Lemon and the Pomona Freeway and to
justify the off ramp they will need something in the neighborhood
of these 309000 cars a day and as far as I can tell they are push—
ing very hard, the staff, to determine if they can get some federal
funds as well as some county funds and city funds from both sides
of the hill — one to get the off ramp put in and then have the
road put in at the same time in order to justify the off ramp.
So I ask the Commissioner here if this is true? If it is proposed
an off ramp for Lemon Avenue at the Pomona Freeway?
Mr. Blair: Yes, that has been considered and it is
being requested on the basis that
eventually Citrus/Lemon would be a through
road and would carry some 269000 cars in a certain location based
on the fully developed area through which the road traverses and
that of course would be some years away. But in the light of the
present day funding difficulties which we just told you about and
the fact there is no work going on right now it would be something
that is away out in the future, that is any consideration of an
off ramp at this time.
Mr. Richardson: Can you give us some indication as to how
far away out in the future might be — 59 6
or 10 years?
Mr. Blair: I really do not know.
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CITY COUNCIL Page Thirteen
ORAL COMMUNICATIONS 7/28/75
Bob Campbell I have in front of me Project Report: Citrus/
2549 East Evergreen Lemon Avenue/San Bernardino Freeway to Valley
West Covina Blvd., signed by Frank Bonelli, dated April 16,
1970 and I have two questions. You said first
there would be no money and carry a low priority. In going through
• this book, at the time of 1970 and we know costs have doubled, but
at that time the County cost was $270,000 for this project. So
when we are talking about availability of funds from the County we
are talking about very small funds. Even if costs have doubled
since 1970 we are talking about a half million dollars. There is an
asterick at the bottom of thepage, it says "the major part of the
road work may be done by the subdivider." Asterick No. 2 says "most
of the road right-of-way may possibly be furnished by the developers."
Therefore, if a developer wishes to develop
in the hills such as a corporation of large means and there are a
number of them, and they come to the City Council or the County
and say we wish to develop what is our requirement for the road?
Are they going to be shown Project 2250 as the road requirement for
their building up there?
Mr. Blair: As far as the County Department would be
concerned as long as the highway is on the
Master Plan of Highways, which this highway
is, also on the City Plan, but in the County if a developer were to
come in on a Master Planned Highway such as this he would have
requirements for development for donation of right-of-way, for
grading and drainage structures as part of his development if the
road were to traverse his area of development. First that highway
would have to be precised in relation to the location of the
• property. This highway has not been precisely located at this time.,
at least through the hill area. In general however if the highway
were precisely located and the area were in an unincorporated area
a developer coming in would have requirements for right-of-way
dedication, for grading and for developing necessary drainage
structures as part of his development.
Mr. Campbell: Thank you. You say it is not precisely
located in this particular section
through the hills - granted - however, if a
developer wishes to develop he would do so in accordance with this
plan, which is a 6 lane major highway with a 14' center island
with a curb and a gutter and a base of such thickness as designed
on this map - is that correct?
Mr. Blair: If a developer were to come in at this time
before the highway is precised he would be
asked to precise it as far as his develop-
ment is concerned. He would have to have his engineer develop the
precise location for approval for the County of Los Angeles. Once
that was done he would then be required to make the dedication and
improvements at least consisting of the grading and drainage
structures. Unless he were required to use this alignment for
direct access to his development he would not be required to put
on any pavement or base or curb and gutter.
• Mr. Campbell: Thank you, Mr. Blair. Mayor,.my last
portion is directed to the Council. This
is the very thing we are in opposition to,
and I also speak for myself, I am opposed to it. This is a sword
hanging over our head and some day it is going to fall. According
to this book, section after section here says San Bernardino Free-
way to Lark Hill 1.1 mile construction 12 months, right-of-way
acquisition 18 months. After that is built Lark Hill Drive to Amar,
we know construction would more than likely be from the northern
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CITY COUNCIL Page Fourteen
ORAL COMMUNICATIONS 7/28/75
half of West Covina through our residentialareas which shows
right—of—way 18 months, construction 12 months. Now many of us
in the area are long term residents and we wish to stay, we
don't want this hanging over our heads, we don't want to get a
letter in the mail saying we have now decided to go ahead with
• this project or see somebody taking more measurements and driving
stakes in our yards. We want to live in peace with this. We have
a good street, we feel it is adequate, we want you people to
search in your hearts and say what is best for the City of West
Covina and what is best for our community as a whole involving
Walnut and the County and future development up at the upper end.
Again I would like to reiterate what
Mrs. Murphy says. It is very pleasant to drive through the
neighborhood and drive for some distance that.doesn't either run
down hill or turn into commercial development. We have such an
area bound by Azusa extending all the way to Grand and it is
pleasant. I enjoy it and I think most of the people here do.
They are good substantial homes and in ten years they are not
going to be a blighted area, the people have too much invested
in them and their tax base is too high. Based on that with the
life of these homes we don't want this hanging over us at some
future time. We want this decided in the near future - just what
is going to have to be done with this road. We don't want to have
to come back here and fight tooth and nail in 5 years, 6 or 10
years. We want to enjoy our homes and our community. Thank you.
Mayor Chappell: A'ny further questions of Mr. Blair? We
certainly appreciate his coming out. If
there are none, we thank you for partici—
pating. Now what is planned by City Council after staff has put
their report and recommendation together will be a public hearing
on the updating of our General Plan streets and roads and at that
time this particular area will be specifically looked at,
especially to the reduction of the 6 lanes. We should remember
that is the only thing we control — what pertains to West Covina.
City Council has no control over the County or the hills behind
us because they are County. Walnut does come up somewhere in
there and I think you will find in our presentations and
requests from staff that Amar be the street aimed at for taking
the traffic down Amar out to Azusa or over to Grand — at least
down to the Pomona Freeway;. That was the instructions the Mayor
gave the staff when he made•his talk to them and I have assurance
that these things will be recommended to Council and the public
hearings will be held and your input will once again be heard
and your ideas on this subject listened to as they have been as
long as I have lived here and as long as I have served on this
Council.
So if we have no more questions or state—
ments on Citrus I hope you all go home this evening with some
sort of a feel that there is representation from your Council
and I am sure I will be hearing from them before we close this
area. We are receptive and interested in our community.
Councilman Tice: Mr. Mayor. I am very sympathetic to the
property owners in that area. As you know
before being on the Council I was against
the Huntington Beach Freeway — in fact in one area they were con—
sidering they were taking out my house — I think. So Knknow the
apprehension unless you have something definite to give stating
this will not be on the Master Plan — there will be apprehension
even though you say it is off in the future.' You never know
exactly where you are — it could happen tomorrow or ten years
from now. So I am very sympathetic to the cause.
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CITY COUNCIL Page Fifteen
ORAL COMMUNICATIONS 7/28/75
Ken Seymour
1017 Oak Ridge Circle I would like to make a comment as to
Woodside Village just what you said about Amar Road.
• I think what you have done is maybe
create a little apprehension tonight — Amar Road now is becoming
a very dangerous road to travel and any traffic volume of the size
increase you mentioned would create a real problem in that parti—
cular area. Thank you.
Mayor Chappell: If you noticed I said a lot would go
over to Grand!
Councilman Browne: Having attended one of these meetings
where the concerned citizens voiced
their opinions and having had contact
with Supervisor Schabarum and receiving a letter from him which was
not very precise on the intent, I would hope that these fine people
would continue to force the issue as far as the County is concerned.
As the Mayor declared, we only have control over that portion which
is in West Covina. Over a year ago a developer came in and wanted
to build properties by annexation into the City of West Covina and
in study sessions the Planning Department and Commission deemed it
not feasible, so it did not come before the Council because they
saw in no way would they get a development in adjacent to our
Valley area on a multiple basis in which they would have to use
our streets and roadways.
I think these people want the answer
• sooner than the public hearings will bring up. I would like to
ask the City Attorney a couple of pertinent questions relative to
Citrus Avenue. No. 1: the County has a Master Plan of Streets and
Roadways — does this preempt our Master Plan of Streets?
Mr. Wakefield: Nov it does not. Normally our
Master Plan of Streets will connect
up with a similar street in an un—
incorporated area or in an adjacent community but we don't
necessarily have to have on our Master Plan of Streets a street
of the same width or designed to carry the same volume of traffic.
Councilman Browne: A question of the City Engineer. In
our Master Plan of Streets what is
the proposed width of Citrus Avenue
at this time? How many lanes of traffic?
Harry Thomas In West Covina at the present time
City Engineer Citrus Street north of Vine Avenue
has a right—of—way width of 80' and
a curb to curb width of 60' and a strip of 4 lanes.
Councilman Browne: And there are no projections for
widening in the future?
Harry Thomas: That portion is included in the
• County's report; however the City
has no plans for widening at the
present time.
Councilman Browne: I think that answers my question.
The County's plan does not preempt
ours. I being sympathetic with
these people in West Covina, as long as I sit on this Council I
will vote against any widening of Citrus.Avenue.
— 15 —
CITY COUNCIL Page Sixteen
ORAL COMMUNICATIONS 7/28/75
Mayor Chappell: I would like to intoopret one little item
here. When we talk about money — the City
• of West Covina is now in the throes of
getting the freeway just completed landscaped. The federal
government puts up 930 of funds to landscape the freeway and there
is some $50,000+ of State money in this instance required to
receive these funds to put in the sprinkler system and the land—
scaping on our freeway. It will not be landscaped this year nor
at the present time next year and that is for S50,000+ and not
$500,000. So there is a tremendous shortage of funds that has
developed overnight. At the last meeting I held with the Cal —
Trans people our next step is to go to Sacramento to try and
take up that matter of $50,000+. It is not available and .
because of that some $600,000 of funds already allocated by the
federal government will not be utilized. So that is the extent
of funds today, it is serious.
Councilman Shearer: Mr. Mayor, I think we would be remiss if we
didn't point out that whether you call it
Citrus or Lemon or whatever, it is contin—
gent upon the development of that property. If it never develops
then there is never going to be anything happen. Mr. Wakefield,
if by some means, I don't know what the City can do legally, but
can we cul—de—sac the south end of Citrus? Buy a piece of
property at the end of it, own access and say you cannot hook into
the street Mr. Developer to the south for that purpose, or do they
have the right to gain access to a public street at such time as
• they develop in accordance with present zoning?
Mr. Wakefield: The City of Beverly Hills recently
attempted to close off a street that
connected with a street in the City of
Los Angeles and the court ordered the City of Beverly Hills to
open the street and remove the barricades. I think the under—
lying theory is, and it is more than a theory in most cases
because as a practical matter what the developer does or the
county does is simply some dark night cut the street through and
when it is through it is through.
Councilman Shearer: That is not my intention. I am not advocat—
ing that. What I was getting at, if
development does take place in accordance
with existing zoning and if that is not allowed then I think we
have a case of adverse condemnation which means that the public
agency that prohibits the development in accordance with zoning
must buy the property. (City Attorney agreed) So it is not just
the matter of building or not building the street, it is a far more
complex problem and merely taking it off the Master Plan, which we
may well do, but merely taking it off the Master Plan that little
piece of our City the south tip of the golf course will not forever
prohibit it. I am sure someone owns that property and -I am sure
they are not making too much off of it now, but someday — 109 15 or
20 years away he is going to want to do something with that property.
• There may be large palatial lots there with 4 or 5 cars, but they
all want to go somewhere, they won't want to park them in their
driveway and just leave them there. So streets go along hand in
hand with development. It is not just a question of a street, it
has many other ramifications.
Councilman Tice: I am sure that there must be some other
ingress - and egress`.that can be used.
Councilman Shearer: That presents one of the problems manifested
tonight — as soon as we mention another
not all that
street up comes some one objecting, so it is
easy.
16 —
CITY COUNCIL Page Seventeen
ORAL COMMUNICATIONS 7/28/75
Councilman Browne: Realistically looking at this that portion
which wanted to annex wanted to come in
• under a non —allowable density in our area
and it would be our prerogative to turn this down along with the
annexation based upon that factor. This is one key we have in
the City of preventing that portion coming in. However, as I
indicated to these people they will have to keep in contact with
their County Supervisors because the County can let down on their
zoning and we have no control over that.
Councilman Miller: Before one can -make a decision you need to
see all the facts and we are sort of in the
middle at this point. We still have to see
a complete updated report from staff and the alternatives they
suggest and the legalities. I don't question at this point to
take the best interests of the people and keep them in front and
protect their rights and interests. That has been my objective
and will continue to be, but until I have more information I will
just say I will be watching to see what is the best interests
for the people and the city as a whole.
(There being no further input on this item the mayor called a recess
at 9:02 P.M. Council reconvened at 9:10 P.M. Oral° Communications
continued on various other items)
Pamela Nelson Good evening. I just wanted to mention
2817 Glenhurst Place that you didn't vote yet or do anything
• West Covina on Item No. 3, Page 3. I gathered from
(re W.V.M.D.#1) Mr. Zimmerman that you have a copy of the
letter that I got a copy of where he is not happy with my letter
that I devised. I wanted to state before you got to that section
that the homeowners in my section felt my letter was plain and
simple and not in any type of legal talk, which was the purpose
of the letter to find out if the people would be willing to pay
a higher tax rate. N ot:sp®eilfically ae,stated by Mr. Seymour,
for the Larwin Homes, but the upgrading of the Maintenance District
in the whole District. So I just wanted to clarify that we stand
behind our letter. I don't know what you will be doing. Thank you.
Mayor Chappell: I think a third letter has been drafted,
but I haven't seen it yet. We still would
like you to feel you are in Woodside
Village. The whole project there is a Planned Community Develop—
ment called Woodside Village and that's the whole works — apart—
ment houses and everything else.
Mrs. Nelson: In the letter that I just received from
Mr. Seymour he states here that Lavmin made
the mistake and therefore it is the City's
fault. (Mr. Seymour voiced a retraction.) But still he blames
our developer and it is not that. Bren Company owned that land.
I am happy to be a part of Woodside, but they are not willing to
bhare our faults like we have been paying for theirs. I am part
of Woodside, I know that.
Ken Seymour First of all I would like to say we will
1724 Oak Ridge Circle retract that one portion of the statement
Woodside Village we made where we say that La®win deeded
the property to the City. That was done
in error. But we want to make it very clear that we feel that
the City Planning Commission in conjunction with the Bren
Company made this decision and they made it without the con—
sensus or any communication with the homeowners and there were
some homeowners in the area at the time it was deeded. We feel
this was an error in judgment on the part of the City Planning
— 17 —
CITY COUNCIL Psge Eighteen
ORAL COMMUNICATIONS__
7/28/75
Commission and therefore should be rectified through any means
that would split the cost equally over the whole city, not
just the four or five hundred homes in Woodside.
The City
• Planning Commission was elected by the constituents in general.
Mayor Chappell:
The Planning Commission is appointed by
the Council, the Council are the elected
officials, they and the City Clerk and The the
said
City ommissiontdidsically approve-ittandupassed1itconrtotCity
PlanningingC
Council and they approved it.
Bill Kealty I have read the draft of the letter the
2648 Hillsborough Planning Commission proposed to circulate
Place in connection with the straw vote. As
West Covina Ken mentioned there is anomaly in having
accepted some obviously developed land from Bren
and then turning around and accepting some undeveloped land which
has brought us to the problem we have now.
The thing that dis—
appoints me about the letter, when we met jointly with the people
from the Larwin Development and the people from Woodside Village
and representatives from the Parks Commission we had asked them
to put together a revised budget so that we could identify
different elements of cost in our Maintenance District with
different levels of assessment. Among the group that met I think
there was a general consensus that some increase was ultimately
going to be required. Having agreed on that in very general terms
we wanted to be able to correlate the level of our assessment with
• the services that could be provided through the City in the
Maintenance District. I don't think the letter draws that correla—
tion. A cost was mentioned for an automatic sprinkler system on
the hill, the current budget was referenced but it specifically
tied the two together, nor did it really explore alternatives.
For instance, the letter also made reference to an additional 11
acres that would be annexed into the Maintenance'District as a
result of some new homes that Bren is building. I think it should
be a condition of acceptance of those 11 acres that they be all
developed to avoid the problem that exists on the hill below
Glenhurst, and then possibly if those 11 acres were accepted in a
developed state there might be some way to tie a sprinkler system
into whatever is put in those 11 acres, at a lesser cost than
proposed in the letter from the Planning Commission. I think there
are more alternatives than the Planning Commission has explored.
I don't think the letter was responsive to what we asked for at our
meeting and from my point I would like to see it reworked.
Lois Newkirk It is part of the Galaxie Tract and my
3140 La Puente Rd., house sets on La Puente Road, and across
West Covina the street from us is Walnut and down the
(re La Puente Rd) road is Nogales. We are bordered by
Nogales and Grand essentially. Most people don't believe we are
a part of West Covina. The problem is that La Puente Road has
been widened in just the last year or so and in Walnut Hills a.
development has core in across the street and traffic has increased
• considerably, especially since Amar has been cut through and now
joins up with Nogales. La Puente Road directly parallels Valley
Boulevard and the traffic flow has been increasing to such an
extent that it is getting very dangerous for the children to
walk to school. Not only the children in West Covina but the
children in Walnut Hills are having to cross La Puente Road to get
to the Rowland Heights District Schools.
What we are asking is that stop signs and
crosswalks be put up at the corner of La Puente Road and Fore—
castle. The only other stop signs on La Puente are at Pierre
— 16 —
CITY COUNCIL Page Nineteen
ORAL COMMUNICATIONS 7/28/75
Avenue, which is in Walnut and the distance from Nogales to Pierre
is 2.3 miles. This is a long stretch of road and during high
school sessions the kids roar up and down the street and we feel
• more stop signs are necessary to keep the speeds down. If people
do need to go faster they can always take Valley Boulevard rather
than using this highly residential street. We are getting more
and more housing developments there now which will bring more
children.
The thing that worries me, the people
are going so fast they have no control over their car. Just about
9 months ago I was awakened about 3 A.M. A car had been racing
down La Puente Road, gone out of control, jumped the road and
landed about a foot from my neighbor's garage, which in fact was
much closer to my front bedroom window. Luckily we had no
children sleeping there, but you can imagine my horror at finding
this man sitting on top of his car in the shrubbery trying to get
it out before anyone found out what had happened. When we took
our petition around we got approximately 200 signatures from both
the residents in the Galaxie Tract living around La Puente Road
and the people in the Walnut Hills Tract, because they realize it
is their children too who will be walking along this road. Several
residents commented that this had happened to them also and they
wanted more than just this one stop sign, or traffic light, they
wanted many more to control it even further. I would like to
encourage you to think about this. We really do need stop signs
and crosswalks up there.
Mayor Chappell:
This
is being referred to staff, which
•
means
they will
study it and will come
back
to Council
with recommendations as
to what they find
in their
study. We
will ask them to expedite
it before school
starts if
possible..
We have traffic counts on
that street now.
Paul Barrett An employee of the Teamster's Local 911
846 South Union Ave., representing the West Covina Firemen. I am
Los Angeles here to address you with respect to wage
and hour negotiations currently at an impasse
between the West Covina Firemen's Association
and yourself as a body. (Asked for more than 3 minutes, no objection
by Council.)
Councilman Shearer: Mr. Mayor, I would withhold whether or not,
until I hear the contents - I was under the
impression that our negotiations were
being handled at this point by our negotiator and we had not yet
declared an impasse. But I am willing to listen - I will withhold
up until a certain point.
Mr. Barrett: I talked to Mr. Counter this afternoon, he
is currently vacationing in Lake Tahoe, as
you know, and he indicated the offer he made
• two weeks prior, which represents 5% in wages, 5% paramedic
compensation, 5% acting pay, was in fact the last and final offer of
Council. I find it hard - and I protest at this particular point,
negotiations involved economic matters with respect to the firemen,
and in effect we have not been availed of the material on which to
base a decision of negotiations on. I just got a copy of the budget
last week. I had no knowledge of the content or the status of the
financial condition of this City. It is impossible to negotiate or
accomplish a fair contract with the City without all the facts at
hand. I have asked Mr. Eliot this evening, since I have the budget
- 19 -
CITY COUNCIL Page Twenty
ORAL COMMUNICATIONS 7/28/75
now, if we could sit down and have a meeting and go over the
budget and ask some questions. So a portion of what I am
addressing to you tonight I am going to delete from my message
until I have my discussion with Mr. Eliot.
• Another portion I am not. It involves
the status of negotiations and the conduct of them. We have been
in six sessions. There have been at least four,employee repre-
sentatives and at least three staff representatives at every meet-
ing. These sessions always are conducted in terms of 4/5/6 hours,
sometimes longer. There is a great deal of manpower and a great
deal of productivity going to waste. We spent the equivalent of
two of those meetings discussing grooming standards, which are
really essentially a non -essential item when you come to the many
matters that are relevant. We took another meeting to discuss a
residency requirement, at the conclusion of which it was dropped
because over half the men were residents. So negotiations for a
last and final offer fall into the terms of negotiating, which is
my business, negotiating in good faith. I would request tonight
that you gentlemen direct Mr. Counter, who is your counsel, to go
back to the table and in fact indulge himself in good faith bar-
gaining.
I want to go over that budget and if in
fact there is no ability to pay then we will accept that position.
I have looked at it cursory and the difference between our last
position and your last position is approximately $409000 and in
terms of money it is in an area of retirement benefits, which is
a tax free dollar to the employee. I have been told by Mr. Counter
that is unacceptable to Council because it represents a precedent
to other employee groups, but other employee groups enjoy benefits,
_wages and hours and other terms and conditions which vary from
the firemen's substantially. So that it would not be a precedent
setting issue. It is a simple clear issue of priority with these
men and I would hope would receive the attention it deserves, in
terms of the monies involved and how they relate to the overall
impact. Thank you, gentlemen.
Mayor Chappell: I will make one set of statements at this
time. Our Council has been in budget
sessions, they are open to the public. A
number of people have attended; they have been announced and
published as to when they are held and you are more than welcome
to come. You are aware of that fact yet I continually see in
the newspapers that we are hiding the budget and you are not able
to see it. I will say to you right now - that is not a true
statement.
Mr. Barrett: Mr. Mayor, I have a right to respond to
that. That is not true. I have asked
Mr. Counter and Mr. Eliot for a copy of
that budget for five weeks and have not been afforded a copy of
that until last week. It is your responsibility to furnish the
information at the negotiating table requisite to those negotia-
tions. Not mine to come to you and get it.
Councilman Browne: Mr. Mayor, I feel that this is not the
proper place to go into a discussion
relative to this. I think we should hear
from our negotiator - Mr. Counter - before we give any public
decisions or become involved in any cursory conversations.
Councilman Shearer: Just one comment. My offer is still open.
No one has come by to pick up my copy of
the budget that I offered available a week
ago. The gentleman is free to have it if he desires. (Mr. Barrett
advised he now has a copy.)
- 20 -
CITY COUNCIL Page Twenty-one
ORAL COMMUNICATIONS 7/28/75
Councilman Miller: Mr. Mayor, I concur that this is not
the time and place to discuss this.
Mayor Chappell: Right. I just wanted to bring this up
• because I am tired of reading that
statement in the newspapers.
PUBLIC WORKS - CONT'D.
RELOCATION OF FIRE (Council reviewed Engineer's report.)
HYDRANT AT 2801
GLENHURST PLACE
Councilman Shearer: Mr. Mayor, I have a question on the
Engineer's report. It seems to me there is
some inconsistency there. We are asked to
approve the expenditure to relocate the fire hydrant and then refer
the matter of parking restrictions to the Traffic Committee, yet in
the staff report, I believe, if I read it correctly, that without
the parking restriction provision the movement of the fire hydrant
serves no purpose. So it seems to me we should withhold the
approval of the fire hydrant relocating until the Traffic
Committee has reviewed whether or not the parking restriction is
in order. (Mr. Aiassa advised hold over would be no problem.)
I would move that the matter be referred
to the Traffic Committee for their reconsideration prior to the
other item.
• Seconded by Councilman Tice and carried.
Councilman Browne: Mr. Mayor, I would like a more indepth
report as to what prompted this -rather
than just a surface report that we received.
Mayor Chappell: We will not authorize the relocation of the
fire hydrant this evening and ask for a
further more enlightening staff report as
to why the relocation is necessary and after the Traffic Committee
makes their findings we will either pass or deny the appropriation
of the money to move the hydrant.
Motion by Councilman Shearer to table the request for the moving
of the fire hydrant; seconded by Councilman Browne and carried, -
PROPOSED ATTITUDE Mayor Chappell: This item refers to the
SURVEY LETTER RE letter spoken to by
MAINTENANCE DISTRICTS Mrs. Nelson under Oral
I AND II Communications. I was under the impression
there was now a third letter.
Mr. Zimmerman: Mr. Mayor and members of Council, there are
two letters. One from Mrs. Nelson and one
prepared by staff, copies of which Council
has. Thern is a third letter that was brought in this morning by
. Mr. Seymour, in which he indicated he would.send it to the
residents as a communication from the Woodside Village Homeowners'
Association rather than from the City Council.
Mayor Chappell: We have heard the comments on the letter
from Mrs. Nelson as to her feeling, that
her letter should be the one to be sent
out. Is there any discussion?
Councilman Miller: Mr. Mayor, as far as staff' letter goes
and the procedures, basically I concur with
- 21 -
CITY COUNCIL Page Twenty-two
fi,RLI•C WKS: SURVEY LETTER - WOODSIDE VILLAGE 7/2B/75
it. I think the questionnaire re number 3 pretty well sets the
tune, if the people are further interested in a study to be
done on the cost factors, etc. There seems to be at this time
opposition against. So I think we should see where the people
• stand before getting intoan indepth study. On Number 5, say if
Council accepts this - Hearings or Election - I would like to see
some type of provision made for those that cannot attend, either
by mail or telephone, so we -can still get their reaction whether
they are or are not for financing. That is just a suggestion,at
this point.
Councilman Shearer: A question of the City Attorney. A conver-
sion to the Benefit District of Maintenance
Districts I and II, does that require a
vote or is there an appell process similar to the 1911 Act? Is it
something the City Council can do without regard to the perhaps
negative response of the people involved?
Mr. Wakefield: Mr. Mayor and members of Council, the City
is not authorized to have two kinds of
special Districts to perform the identical
kinds of service in a specified area. Before the so called 1972
Landscaping Act provisions could be initiated it would be necessary
for the Council to take steps to dissolve the 1911 Act Maintenance
District. This would require notice and an opportunity to be heard
to the property owners in the District. A separate procedure is
then required for the formation of the Landscaping Assessment type
District under the 1972 Act.
. There are two possibilities, which I have
discussed with staff. One is the continuance of the 1911 Act
Maintenance District for the purpose of maintaining the existing
landscaping and improvements. In addition to that an assessment
type district under the 1972 Act could be established for the
purpose of installing whatever permanent improvements were required.
The irric_ating system, the landscaping that may be required with
the cost of that improvement to be assessed back under the 1972 Act
to those properties that were determined to be benefited by the
Assessment Engineer. This would mean when the improvements had
been paid for the 1972 Act would cease to be effective for any
purpose and thereafter the improvements would be maintained by
the 1911 Act.
Councilman Shearer: Actually that wasn't my question,
Mr. Wakefield. If for any reason the
Council was considering forming an
Assessment Benefit Type District under the 1972 law can we do
that over the protests - can we just do it? The point I am
getting at, the statement made before that they did not agree -with
Mrs. Nelson's letter because they anticipated,a response that
said "no" to any kind of tax increase, the report goes on to say
this will result in a situation where only two alternatives remain.
They are conversion of the District to the 1972 Act or leaving the
situation as it stands. If we get an overwhelming "no" vote can
we form the District anyway?
• Mr. Wakefield: You still have it as an alternate assuming
the City Council is willing to overrule
the protests made by the property owners.
There is no automatic determination on the basis of a majority
protest.
Councilman Tice: Mr. Mayor, I looked over the staff
recommendations and also what Mrs. Nelson
- 22 -
CITY COUNCIL Page Twenty-three
PUBLIC WKS: Survey Letter Woodside Uillaqe 7/28/75
said and I am a little concerned with the latter from the stand-
point of the way the questions are based. I am wondering if we
would be subjected to getting more "no" votes than "yes". Staff
also pointed that out. I would rather take a positive turn. Item
6 in the questionnaire is not clear to me: "Are,you happy with the
level of maintenance and desire no tax increase one time or
permanently?" I think a general type of questionnaire would
probably serve the purpose better than a specifically detailed
one with the amounts, etc., because we don't know what the
amounts will be at this stage. I would not want to quote. a cost
that may not be correct.
Councilman Browne: I think staffs questionnaire would explore
in a more mean�09ftil manner rather -than
getting precise alternatives to work on.
This doesn't necessarily mean that this would solve it after the
first questionnaire came in, there would probably have to be a
continuation of alternatives here.
Mayor Chappell: Item 3 of the staffs recommendation.
"Would you favor positive action on the
part of the City?" As I looked at that it
appears the City would be picking up the tab and we certainly
don't want that as one of the solutions to this problem. And I
don't know how we could reword that question, but I looked at the
question several times and it just didn't come across to me that
we would be getting the answer we wanted to that question. We, up
.here, have had a lot of conversation on the subject and probably
would understand it, but somebody at home and working and just
coming home and reading that questionnaire - how would he react?
When we ask would you favor positive action on the part of the
Council - sure I want the Council to put in all that, a sprinkler
system and landscaping - great, I am glad they are concerned with
that positive action.
Mr. Zimmerman: Mr. Mayor, I struggled with the same question
last week when we were studying these things.
If you look at the letter proposed to go out
with the questionnaire there is a sentence that says "there are no
funds available to correct the problems." That could be reworded
to say "the City has no funds available" which might clarify it.
Councilman Shearer: Mr. Mayor, I would agree with you and I
fall into the trap of raising a criticism
of something without being able to offer
something better - I don't like that but that is the situation I
find myself in. I would agree with you, question 3 of'the staff
proposed questionnaire doesn't do anything for me. My attitude
is that the Council or any governing body should always be
interested in positive action to solve a problem and not have to
ask our citizens in a rather vague way - do you think we should
take positive steps to do something? The obvious answer to that
is "yes"unless Mr. Seymour's letter gets there first telling them
that it means a tax increase then obviously it will be "no". So
then I am not sure how to interpret the answers we get back -
. one way or the other. I don't like the question but I have nothing
in a better sense to offer. I think the questions, referring to
the questionnaire submitted by Mrs. Nelson's group, would tend
to encourage a "no" vote, but on the other hand if that is the
way it is going to be then we might as well find out now rather
than in March of 19769 or some date well into the future.
(Councilman Tice suggested deleting question 3 entirely; Councilman
Shearer suggested perhaps splitting the question, the level of
- 23 -
CITY COUNCIL Page Twenty-four
PUBLIC WKS: Survey Letter/Woodside Village 7/28/75
maintenance in one question and the quality of landscaping be
addressed in a second question. Council discussed further.
Councilman Browne pointed out Items 1 and 2 in Mrs. Nelson's
questionnaite speaks specifically to what you are aiming at in
• 2 and 3.)
Mayor Chappell: It sounds like Council is saying then split
question No. 2 into two parts as Mrs. Nelson
did on her 1 and 2 and drop No. 3. Let's see
how that flies. I do think leg work is going to have to be done
on this when it goes out otherwise it just won't work. People
will have to be talked to and things explained or they will not
respond. There will have to be conversation in the community on
let's get something done here, etc.
Mr. Zimmerman: Mr. Mayor, we would like to add one comment to
the staff letter, suggest that they call City
Hall for information.
Councilman Shearer: It is possible if we go with this more con-
cise questionnaire that it be printed up
on a postcard with a self-addressed stamped
return so we can encourage return? (Further asked that it be done
in some manner leaving sufficient room for answers. Council
agreed with the suggestion and Mr. Aiassa said it could carry a
Postage Paid stamp.)
Motion by Councilman Tice to accept the modified version of the
staff recommendation, breaking question 2 into two parts, one
addressed to maintenance and the other re landscaping; and
delete question 3 as presented by staff. Seconded by Councilman
Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
Mr. Wakefield: Mr. Mayor, one comment in response to the
question Councilman Shearer asked. The
1972 Act does require a 4/5ths vote of
the members of the City Council to override a majority protest -
but it can be done.
INFORMATIONAL REPORTS
a) RESULTS OF INFORMAL BIDS
FOR VAN HORN AVENUE
IMPROVEMENTS
b) TEMPLE SHALOM COOPERATIVE
AGREEMENT (Progress Report)
Motion by Councilman Browne to
receive and file; seconded by
Councilman Tice and carried.
CITY ATTORNEY
Mr. Wakefield: Mr. Mayor and members of Council, sometime
ago request was made to City Council that
the Council adopt an ordinance identical
or at least covering the same subject, to that adopted recently
is by the City of Los Angeles in an effort to control more effectively
the barking dog problem. You will recall the Police Department
reported because of the changes in State Law it was no longer
possible under the Disturbing the Peace Statute..to effectively con-
trol barking dogs. As a consequence I prepared the ordinance which
is on your agenda this evening for introduction and adapts the
L.A. City Ordinance to the City of West Covina and requires a notice
and an opportunity to be heard With reference to complaints before
final action is taken.
(Councilman Tice asked if the recently enacted Noise Ordinance
would cover this?)
- 24 -
CITY COUNCIL Page Twenty-five
CITY ATTORNEY 7/28/75
Councilman Shearer: Mr. Mayor, may I answer that from a
practical standpoint - with all due respect
to the City Attorney - I attempted that.
I have a couple of neighbors here in the audience who have had
this problem for quite sometime. The problem is under our noise
ordinance you would have to measure it and frequently it is the
case by the time the police get there the dog is no longer bark-
ing - so it cannot be measured. Originally I raised the issue of
the Noise Ordinance but it didn't work out.
Councilman Miller: A question of Mr. Wakefield. First para-
graph, 4th line, where it says "pound master
or chief of police has issued Written
notice...." for a point of clarification. Should that read
"issued a second written notice"? When we read through down below
it goes through two steps at that point - or is that necessary?
Mr. Wakefield: Councilman Miller, I think the second step
is the actual issuance of the notice which
doesn't occur until after the complaint
has been submitted and the notice of the filing of the complaint
has been served on the owner and he has been given an opportunity
to correct.the situation.
Councilman Shearer: In your opinion, Mr. Wakefield, how
enforceable is this? I have been advised by
my neighbors that the police have indicated
to them in order for them to really get any kind of a hope for
abatement that a number of neighbors must complain about the same
noise. Now this ordinance does not indicate that it has to be
from a number of people. Would you comment on that as to its
enforceability?
Mr. Wakefield: Mr. Mayor and members of Council, if the
City were to proceed strictly upon the
basis of a public nuisance type enforcement
of the ordinance then it is very true it would require the
complaints of more than one person or one family, because a public
nuisance is defined in the law as a matter that disturbs a
neighborhood. However, this ordinance is based upon the fact a
dog is disturbing an individual or a family and one of the pro-
cedures set forth here is that it avoids that public nuisance
kind of enforcement where you have to have a majority of the
neighbors complain before you have an effective means of doing
anything about it.
This I think is an enforceable ordinance.
When you come right down to it the Police Department or the
Pound Master, as the case may be, actually gets to the point
where he goes to the District Attorney to file a complaint -
the District Attorney is reluctant to handle cases of this sort
because of what he considers to be more importantthings that come
to his office; but this is a means by which hopefully the problem
can be resolved by corrective action before it gets to that point
and it makes it much more practical for the District Attorney's
office to issue a complaint if we just follow these procedural
standards,.
Councilman Shearer: One further question. At the bottom of
the page1it indicates that a second ihotice
then creates the violation and if not
abated then considered a violation of this section. What is the
penalty provided for under the code for subsequent violations?
- 25 -
CITY COUNCIL Page Twenty—six
CITY ATTORNEY 7/28/75
Mr. Wakefield: Each violation would be a misdemeanor and
would subject the owner of the animal to a
fine. The maximum fine is $500. and the
maximum jail sentence is up to 6 months in the county jail.
Councilman Shearer: That is the fine — — but the dog still
barks?
e
Mr. Wakefield: The way these things usually work out in
court is the judge will place the owner
of the animal on probation. One of the
conditions of probation is that he does something about the dog.
.Either he gets rid of it or takes corrective action to eliminate
the dog's barking.
(Councilman Shearer asked that Council make this an Urgency
Ordinance making it effective immediately, in order to help
eliminate the problem his neighbor's are having. No objection
by Council)
ORDINANCE #1271 The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE
(Urgency) CITY OF WEST COVINA ADDING SECTION 4308.2
ADOPTED TO THE WEST COVINA MUNICIPAL CODE, RELATING
TO BARKING DOGS AND DECLARING THE URGENCY
THEREMP TO TAKE EFFECT IMMEDIATELY.
Motion by Councilman Browne to wiefve�117all reading of said ordinance;
seconded by Councilman Shearer and carried.
• Motion by Councilman Browne to introduce said ordinance; seconded
by Councilman Shearer and carried.
Motion by Councilman Shearer to adopt said ordinance; seconded
by Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
WORK STUDY RE La Verne, Mount San Antonio College,
AGREEMENTS UCLA, Pomona College, Claremont Men's
College and Pitzer College.
Motion by Councilman Tice to authorize the Mayor to execute the
contractural agreements between the City of West Covina and the
following educational institutions: University of California/
Los Angeles, La Verne College, Mt. San Antonio College,
Claremont Men's College, Pomona College, Pitzer College.
Seconded by Councilman Shearer and carried on roll call vote as
follows: AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
CITY ATTORNEY (Mr. Wakefield advised he is requesting
VACATION vacation from July 31 through August 17/75,
.
and that suitable replacements will be
furnished by his office.)
Councilman Tice moved approval; seconded by
Councilman Browne and carried.
APPOINTMENT OF CITY Motion by Councilman Shearer to receives
ENGINEER and file report; seconded by Councilman
Browne and carried.
(Harry Thomas, appointed City Engineer, congratulated on his
appointment by Council.)
— 26 —
CITY COUNCIL Page Twenty—seven
CITY ATTORNEY — Cont'd. 7/28/75
WEST COVINA DISPOSAL (Mr. Wakefield advised Council he prepared
(Progress Report) a proposed amendment to the contract
embodying the two points Council previously
discussed but as yet has not heard from West Covina Disposal.)
1974 STATE PARK BOND Councilman Tice:. Mr. Mayor, I see the
ACT PROJECT AGREEMENT Cameron Park acquisition
(Staff Report) figure is $145,000. We
have talked about a figure of $130,000
and I heard that an estimate might come in
at $100,000 — what am I to believe?
Mayor Chappell: We had $145,000 plugged in at the time this
this was first considered and at the time
this request was made there was some
interest money plugged into this price. We now have held it off
to the point if we go into escrow it doesn't appear there will be
any need for interest funds. Is that correct?
Mr. Zimmerman: Mr. Mayor and members of Council, the sum
of $145,000 was estaillished in the bond
issue for the acquisition and improvement
of the park. The State Park executive indicated they will propose
acquisition to the extent that an appraisal of the property will
support and since that appraisal has not been made the staff put
in $145,000 a year ago in order to also cover the appraisal
cost.
Councilman Shearer: Isn't it true that if the appraisal comes
• in say at $130,000 that the $15,000 then
would still be available to the City for
some other project? (Mr. Zimmerman said that is true) And if it
came at $100,000 and the City negotiated with the School
District for a price of $100,000 then only $100,000 could come
from the bond issue and the City would have to come up with the
additional $30,000 and utilize the $45,000 elsewhere? (Staff
advised that was correct) The acquisition must be based on the
appraisal and not necessarily what we have negotiated with the
School District.
Councilman Browne: Specifically is that $145,000 earmarked
to be used for the purposes listed in the
staff report or can it be used in any
other area inthe City for park improvements?
Mr. Zimmerman: Mr. Mayor and members of Council, the
money at the present time has been
approved by the State Legislature for
this park. It could still be transferred by the City Council
if they desired; however it comes up for approval every year and
it would again be a year or longer before it may be available.
Councilman Browne: Have we received any portion of these
monies yet, such as $35,000 for playground
equipment, $15,000 for irrigation at
. Del Norte Park, $25,000 for tennis court lighting at West Covina
High?
Mr. Zimmerman: These are all in the same status at this
time. They have been approved by City
Council a year ago and the State Legislature
has approved them all at this time and the money will be available
to us in October if City Council acts at this time or shortly.
— 27 —
CITY COUNCIL Page Twenty—eight
CITY ATTORNEY — Cont'd. 7/28/75
Motion by Councilman Shearer to authorize the execution of the
appropriate documents with the State to obtain the money for
these four projects; seconded by the Mayor and carried.
• (The Mayor asked Council permission to move up the item of the
Chamber of Commerce presentation from the Mayor's Agenda to this
time; Council agreed)
PROGRAM OF WORK, John Adams, Pres., I have offices at
BUDGET, AND CITY W.C. Chamber of 1600 W. Cameron.
CHAMBER OF COMMERCE Commerce Mr. Mayor, and members
AGREEMENT of Council, we appre—
ciate your consideration to hear us at this
time. We are bringing to you tonight four
reports: Annual Report — which is an accounting of what we
accomplished during the past year. A Study and Economic Analysis
of CBD Phase II area. This is a very technical and comprehensive
study. Along with the Program of Work.report and the budget.
(Requested a meeting with Council for the purpose of discussing
and reviewing the Annual Report and the CBD Phase II report.)
The annual report is somewhat informational
in nature, the other is more technical and we think will be very
useful in attracting and keeping the kinds of business we would
like to have in your community.
(Briefly summarized the various reports;
stated when many communities were losing businesses we have
gained 27 new business in this community; membership increased
• some 30%; new construction and improvements in the business
community excluding the Fashion Plaza, of some 6 million dollars.
Retail trade promotions held where according to the winners of
the various prizes offered it was indicated some 50% of our
businesses still come from outside of our community and it is
hoped that this will improve with the opening of the Plaza.)
I am here tonight along with members of
the Executive Committee and staff as the Advisory Board to City
Council. As you know we are charged in the agreement to appear
before you at frequent times during the year. At this time we
are bringing to you our program of work, the budget and a pro—
posed agreement for the current fiscal year. (Briefly summarized
the Program of Work, stating this year a greater emphasis will be
placed on particular projects, particularly retail trade promo—
tions, business seminars and long range planning.) Attached to
the Program of Work is a budget. We have the same concerns and
problems that the City has. 60% of the budget is represented
by salaries and those salaries are proposed to go up some 5% this
year. Overall budget approximate increase of 10% and many of
these items relate to things we have no control over. (Asked if
Council had any questions at this time?)
Councilman Tice: I would like to commend the Board of
Directors and staff of the Chamber for
doing a fine job this last year.
• (Council asked for time to study the material received; a date
for a meeting discussed; Mayor suggested a study session type of
meeting in the City Manager's conference room; Council selected
August 4, 1975 at 7:30 P.M. in the City Manager's conference room
to cover the Economic Analysis Phase II, Annual Report, and
any questions Council may have on the budget and materials
received.)
CITY COUNCIL Page Twenty—nine
CHAMBER OF COMMERCE — Cont'd. 7/28/75
John Adains: Mr. Mayor, I had just one other request.
We did submit to you as a separate item,
and it is not in our budget, it is the
bicentennial program which we are involved in with the City.
. We requested some funding and we would respectfully request
at the earliest possible date some indication on the budget we
presented to you. As you know we are well into the bicentennial
year and we do have a lot of things proposed and we would like
an early indication as to what funds might be forthcoming.
(Mayor Chappell asked if Council received the report on the
bicentennial budget; Council had not; the Mayor directed Mr. Aiassa
to provide Council with the report at their homes by tomorrow
night.) '
Mr. John Adams: In the agreement there has been a slight
change in the format. This is something
we worked with the City Attorney on.
We think it is a more workable document, it ties in with the
budget and provides for this to continue on with the Chamber
again and the Advisory Board is charged with making an annual
report to you; it has the other provisions in for cancellation,
etc., but it precludes us coming back each year for a new agree—
ment.
(Mayor Chappell asked when that would be available; Mr. Wakefield
advised the agreement is prepared; Mayor asked that Council be
provided with copies also prior to the August 4th meeting.)
• Mayor Chappell: Thank you and the Board of Directors for
coming out this evening. All we can say
is with the year we have ahead of us keep
up the good work and don't let up because this is going to be
the biggest year in West Covina's business community.
MID —VALLEY COMMUNITY Mr. Wakefield: Mr. Mayor, I have one
HEALTH COUNSEL additional item, if I may.
It is my understanding
the Council has approved the City's
participation in the Mid —Valley Community
Health Counsel and has authorized an allocation of $12,000 to
the Counsel to be used by it in the furtherance of its program,
particularly in the City of West Covina. In order to accomplish
the payment of the funds as approved an agreement is necessary._ I
prepared a draft of the agreement which simply makes the alloca—
tion contingent upon the City's approval of its final budget
allocation. It will simply require approval of the agreement
and authority for the Mayor and City Clerk to execute same.
As I understand it the City Council has approved the allocation
it is now the procedure of formalizing same.
Councilman Shearer moved approval of this agreement with Mid —Valley
Community Health Counsel; seconded by Councilman Miller and carried.
THE MAYOR RECESSED THE COUNCIL MEETING AT 10:25 P.M. FOR THE
• PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. CITY
COUNCIL RECONVENED AT 10:27 P.M.
CITY MANAGER
BKK — PROGRESS REPORT (City Manager advised Mr. Cameron repre—
senting the BKK was present)
— 29 —
CITY COUNCIL Page Thirty
CITY MANAGER — Cont'd.7/28/75
Councilman Miller: Mr. Mayor, a question of Mr. Cameron.
On page 3, dealing with number 7, the
Implementation Procedural Manual, the
requirements set up. Apparently they are understaffed at this
point and unable to log in the incoming loads in the following
areas: PH reading, explosive reading meters and temperature.
Then a little further down it explains it maybe 2 months
before they can put people on staff. Is there a way possibly
before the 2 months or is this not a critical area at'this
point?
Mr. Cameron: Mr. Mayor and members of Council, at this
Representing BKK time BKK Company is obviously feeling the
same economic pinch that everybody else
is. It is the company's feeling to place two other personnel
on the property, two extra trained people to do this which will
be adding another $20,000 to the payroll at the site. I don't
know if you are all aware of this but there is a new tax imposed
on liquid industrial waste coming in at the present time and
because of that tax the volume of industrial waste coming into
the site has gone down. The site presently is below the black
line as far as making a profit out there. It is merely a request
to put this off for a couple of months. If you force us to do it
now it will have to be done.,
Councilman Miller: Do you feel if it is withheld for 2 months
it will not have any adverse effects?
Mr. Cameron: I don't believe so. I think the problems
we have had out here has been odor problems.
• (Explained in further detail)
Councilman Tice: The problem seems to be that we have had
one delay after another of various por—
tions of things that we asked for in the
last several months. Maybe there are justified reasons for it.
Maybe we should take a look at our approach again.
Councilman Browne: Councilman Tice, may I allude to that
particular question having sat in on
meetings with the BKK principals. I
think they misdirected their priorities. I think they were
going more for the acquisition of the land than the operation
of the dump in adherence to the planned procedures that we were
advocating. Somewhere along the line, whether it was through
misunderstanding of our staff or theirs, and I would give them
the benefit of the doubt, because since that meeting they have
done a complete turn about and geared towards the elimination
of the odors and believe you me we have had some. The sooner
you can get that barrier filled and down into the lower level
the better off the City will be. As the report indicates they
ran into unforeseen problems and they had to wait for the
Quality Water Control approval because of the barrier system
that has to be built in there.
We have stressed very definitely to them
that we want the operational plan and the manual before us;. naa
very short time. I would hope that our Planning Director is
working very heavily on this because we have had odors in the
last ten days and I would like to see this Operational Manual
brought in and enforced.
Mayor Chappell: In inspecting County sites one of the
things they paid particular attention to
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CITY COUNCIL Page Thirty-one
CITY MANAGER - Cont'd. 7/28/75
were the three items you are not taking care of now. In talking
to their Resident Engineer they feel this is a very important
factor to eliminate these odors. The Temperature and Ph readings
they emphasized pretty strongly. I don't know that we want to
wait two months. I also am under the impression that the reason
for loads not coming in to BKK is remedied now and this situation
has been turned around - is that teue?
Mr. Cameron: To my knowledge it hasn't turned around
yet. Neither was action taken about it
about a week ago. It is my understanding
on the smell it is decomposition of waste materials. It has
nothing to do with the explosive reading meters or temperature
reading. (Explained in further detail)
Councilman Browne: A question of staff. Since our meeting of
July 11 wherein we specified that BKK
commence using the scales - have you
followed through on this?
Mr. Cameron: I can answer that question. We submitted
the monthly activity report for June and
that includes net tonages coming in.
The scales have been in operation for quite sometime now. As
Councilman Browne says there has been a lack of communication.
BKK ever since my law firm has been involved has been geared up
turning this site into a regional park 20 years down the line.
It was our understanding that is where the communications broke
down with the City originally over that issue. I think this
last meeting we had brought it to light. That we were putting
our energies to work in the wrong direction and we should be
working on the Operational aspects of it and that is what we
are doing at the present time.
Motion by Councilman Browne to receive and file the progress
report; seconded by Councilman Chappell and carried.
PROGRESS REPORT Motion by Councilman Shearer to receive
ON MYPUM and file;seconded by Councilman Browne
and carried.
LEGISLATIVE BULLETINS Councilman Shearer: Mr. Mayor, I would
draw the Council's
attention to five
bills that I would like consideration on this evening. Some we
have already taken a position on. AB 1059 - Mandatory City
Indemnification of Peace Officers for Punitive Damages; AB 1375 -
which has to do with Senate Bill 90. I think we should support
that. I think we should oppose 1059. And Council sometime ago
spoke to the matter of direct election of the SCRTD Board, if I
am not mistaken the comments were negative in this regard and
SB 8 in that case to be consistent we would oppose. AB 700 -
Lifetime Tenure for Police Officers, the only way a police
officer could be discharged would be through some neglect of
duty, etc. The City could not decide to cut the size of its
force and reduce accordingly, which I don't propose we do, but I
think we should have that option. And one not on our list that
I think we should support is AB 1485 - the elimination of pay for
military .leave., I would request Council's approval, or at least
a review of these items and advise the City Manager. There are
ryany others but some do not have the impact on the City that these
five bills have. (Council indicated agreement)
Motion by Councilman Shearer to authorize the Mayor to communicate
to the appropriate representatives in opposition to AB 1059, in
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CITY COUNCIL
CITY MANAGER — Cont'd.
Page Thirty—two
7/28/75
support of AB 1375, in opposition to SB 8, in opposition to AB 7009
in support of AB 1485. Seconded by Councilman Browne and carried.
VINCENT AVENUE
WIDENING
(Progress Report)
COMMUNITY DEVELOPMENT
PROGRAM
(Progress Report)
BATON CLASSES
INCREASED FEES
$4.50 and that of Jr.
to $12.50, effective
Browne and carried.
Motion by Councilman Shearer to
receive and file; seconded by
Councilman Biller and carried.
Motion by Councilman Shearer to
receive and file. Seconded by
Councilman Browne and carried.
Motion by Councilman Shearer to
approve the fee for regular baton
classes be changed from $3.50 to
and Sr. Baton Corps be changed from $3.50
September 27, 1975. Seconded by Councilman
LAND LEASE AGREEMENT Councilman Shearer: Mr. Mayor,
VALENCIA HEIGHTS WATER CO. when did this
RE RIDGE RIDERS PARK become known
(Staff Report,) officially as Ridge Riders Park?
I was unaware that City Council had
ever given it such a name?
(Mayor Chappell explained Council had not, that was just the
description given it.)
Councilman Shearer: It is also known as Maverick Park.
If we are going to name it I think
the Council should name it and not
become named through staff usage. I would like to see that name
taken out and not any official name given to it unless Council
wishes to name it.
(Council discussed and asked that the staff recommendation be
modified with reference to the name.)
Councilman Tice moved approval of the staff recommendation to
renegotiate the lease; seconded by Councilman Browne and carried.
Councilman Shearer: Mr. Mayor, on that subject I wonder
if now would be the appropriate
time, if there is such a time, to
discuss the renegotiation of the sublease with the Ridge Riders.
We have been receiving $75 a month from them since 1958. There
has been no increase. There has been a tremendous increase in the
cost of the park, the area, which is namely the tax assessed to
Valencia Heights Water Company which we pay for the usage of the
park. I would like to see some information as to the make up of
Ridge Riders membership. Is it predominately a West Covina
organization? If it is that is one item. If it isn't then that
conceivably is another item. Sixteen years is a long time to go
without any reconsideration of the rate.
• (Council agreed; Mayor asked when the contract comes up again and
Mr. Aiassa advised March of 1976. The Mayor suggested now is the
time to start forewarning them that some increase is coming.)
Councilman Shearer: Specifically, Mr. Mayor, I would like
to know the breakdown of the membership
and what it is costing us now in taxes.
yPlr. Aiassa requested to furnish a report re membership breakdown,
and what it is costing the City now. After that information is
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CITY COUNCIL Page Thirty-three
CITY MANAGER - Cont'd. 7/28/75
received the Mayor suggested that a full meeting of the Ridge
Riders be called and this discussed fully with them.)
• (Councilman Tice asked the Mayor if he might ask staff what the
status is on the agreement the'City has with Xerox Computer
Service Bureau since Xerox Corporation is closing down? Mr. Eliot
explained that Xerox Computer Service Bureau is a separate cor-
poration and that the City received a letter from them today stat-
ing they have over 400 accounts, that their business is growing
something like 400 per year and they will honor all commitments
and in fact are looking for further business.)
MAYOR'S REPORTS
PROCLAMATION Hearing no objections the Mayor declared
"West Covina Junior Football Week" -
September 14/20/75.
COUNCILMEN'S REPORTS/COMMENTS
Councilman Shearer: Mr. Mayor, one item. Monday, a week ago
Councilman Tice and I. after a hard
campaign were elected to the Board of
Directors of the Mid -Valley Mental Health Association. It was
the easiest campaign we ever waged - I believe. Seriously, from
what I observed so far I am encouraged that the money that hope-
fully we will soon send by check as quickly as possible (they
have a cash flow problem), and the benefits there will be far
• greater -than perhaps some of the other programs we have. I am
encouraged by the enthusiasm of the staff members and by the
enthusiasm of some of the other members of the. Board and primarily
our elected officials from other cities. In the case of Baldwin
Park - Mrs. Gregory and the former Mayor Blewitt. I think it is a
well thought out program and one I am very encouraged about.
Councilman Tice: I concur with Councilman Shearer. They
have a good track record at this point
and I hope they maintain it.
Councilman Tice: Mr. Mayor, I have a couple of items. I
received a letter from Mrs. Brewer regarding.
some change in our method of handling the
animal control in our city. She says in part "as a voter in the
City of West Covina I was distressed recently to hear from a
private individual that had spoken to Council of West Covina with
a proposal to take over the animal control of our city." I
wasn't aware of anyone approaching us on this and I was at a loss
on how to answer her letter. I wondered if probably Council had
someone making an approach in the last year or so regarding a
change, perhaps. before I came on Council.
(Mr. Aiassas advised the agreement with the San Gabriel Valley
group says they have to give us notice and we have heard nothing;
Councilman Browne said he received a similar letter and felt
• staff should reply to it. Council agreed.)
Councilman Tice: I have been meeting with staff on the Senior
Citizens matter and I think we are making
some progress. At the last meeting, and I
was well pleased with bis suggestion, Mr. Salazar suggested that.
we form a Work Shop instead of a committee, as we had on th.e Policy
Committee. I was very favorably impressed with the results of the
Policy Committee, and agreed to -the Work Shop. (Explained how it
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CITY COUNCIL Page Thirty—four
COUNCILMEN'S REPORTS/COMMENTS 7/28/75
would be handled.) The information received would be used in the
human resources element of our General.Plan. So there would be
some specific results out of this. It would not be an ongoing
committee. I favor the Work Session idea. I have a letter here
. and with Council permission I would send it forward. (Read letter
addressed to Douglas Woodruff of the American Association of
Retired Persons, Long Beach, explaining the proposed meeting of
Senior Citizens and its purpose and asked Mr. Woodruff to attend
the one day Work Shop.)
Mayor Chappell: You are talking about a 100 to 125 Senior
Citizens?
Councilman Tice: Not all Senior Citizens, it could be people
that have retired or are about to retire or
people that have worked with Senior Citizens,
people that could put some valuable input into it.
(The Mayor suggested it be broken down into small,grou 5 s so
something can be accomplished; Councilman Tice agreed.
'Mayor Chappell: Does anyone have any objections to the
letter Councilman Tice is mailing? (No
objections)
APPRQMA1 nF DZBANns Motion by Councilman Browne to approve
Demands totalling $B919807.69 as listed on
Demand sheets B676A, 86119 B614 and C1064.
Seconded by Councilman Tice and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
• NOES: None
ABSENT: None
EXECUTIVE SESSION At 11 P.M. the Mayor recessed the City
Council meeting to an executive session
as requested by Councilman Tice and the
City Manager for the purpose of discussing Personnel matters.
Council reconvened at 11:54 P.M.
ADJOURNMENT Motion by Councilman Shearer to adjourn
meeting at 11:55 P.M. to August 4, 1975
at 7:30 P.M., in the City Manager's
Conference Room. Seconded by Councilman
Tice and carried.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
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