11-10-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
'NOVEMBER 10, 1975.
The regular meeting of the City Council called to order at
. 7:31 P.M. in the West Covina Council Chambers by
Mayor Ken Chappell. The Pledge of Allegiance was given
by Boy Scout Troop 701, represented by members James Silva,
Sr. Patrol Leader; Dexter Davis, Patrol Leader; Scouts:
Chad Forsythe, Peter Lopez and Steve Morgeson. The invocation
was given by Councilman Gary Miller.
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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
Michael Miller, Acting Public Serv. Dir.,
Harry Thomas, City Engineer
Leonard Eliot, Controller
Ramon Diaz, Acting Planning Director
Craig Meacham, Deputy Police Chief
Gus Salazar, Redevelopment Coordinator
Gloria Davidson, Deputy City Clerk
Frank O'Connor, Admin. Analyst
Fred Terrell, Admin. Analyst Jr.
Kevin Northcraft, Admin. Assistant
Bill Freemon, Staff Reporter - S.G.V.D.T.
PRESENTATION
AWARD OF PLAQUE TO Mayor Chappell read the resolution of
IRVING FRIEDBERG commendation and presented same to
Mr. Irving Friedberg, thanking him on
behalf of the City for.his 20 years of dedication to the
community. Mr. Friedberg thanked the City of West Covina for
the opportunity to serve.
APPROVAL OF MINUTES Motion by Councilman Tice to approve the
Council meeting minutes of October 27,
1975; seconded by Councilman Browne.
Councilman Miller asked for the following corrections: Page 21,
line twelve should read -."... threw around the figures of 3 to
60...." And line 14 should register my vote of "no".
MQti'on approved to accept minutes as
corrected.
CONSENT CALENDAR Mayor Chappell explained the procedure
of the Consent Calendar items and asked
if there were comments on any of the .
following items:.
/j.jR.TTTFN (mmiiNTfATTnNS
a) ARTHRITIS FOUNDATION Request permission to conduct annual
campaign February 6, 7, & S, 1976
and waiver of charitable business
license. (Approved in prior years.
Recommend approval)
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Ae
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
Page Two
11/10/75
b) DOROTHY M. TUCKER Resignation from the Citizens
2915.Mesa Drive Advisory Committee. (Receive and
West Covina file)
c) DEPT. OF WATER Notice of Public meeting on
RESOURCES November 19, 1975 at 7:00 P.M., re-
vising the water.management element
of the California Water Plan.
(Receive and file) (Informational)
d) BOARD OF SUPERVISORS Certified copies of Resolution declar-
ing portions of Amar Road and Valinda
Avenue in the City of West Covina no
longer a part of the County system of
highways to be effective 10 days after
filing with the City Clerk. (Receive
and file)
e)
MORDOFF & KERCKHOFF
On behalf of United California Bank,
ATTORNEYS
Executor of the will of George Scofield,
deceased, appealing the decision of the
Planning Commission re Parcel Map 6135.
(Receive and refer to Item C-1)
2.
PLANNING COMMISSION
SUMMARY OF ACTION
November 5, 1975. (Accept and file)
3.
PERSONNEL.BOARD
MINUTES
October 7, 1975. .(Receive and file)
(Action Items:
Refer to City Attorney's Agenda Items:
11/4/75
G-59 G-79 G-89 G-9.
4.
HUMAN RELATIONS COMMISSION
SUMMARY OF ACTION
October 23, 1975. (Accept and file)
5.
ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
TRACT NO. 23211
LOCATION: Van Horn Avenue, south of
MONUMENT BOND
Merced Avenue.
CHARLES NICHOLS
Authorize release of United Pacific
Insurance Company Bond No. U-763055
in the amount of $450. Monuments
in place. Staff recommends release
of bond.
6.
ABC APPLICATIONS:
Chief of Police Recommends NO PROTEST.
a)
Cordelia Annabel Barton
dba THE ISLANDER
718 So. Palmetto Ave.,.
2233 E. Garvey Avenue
Covina, Ca.
b) James Mark Hauser,
19015 Martha Ave.,
Cerritos, Ca.
Ricardo (NMN) Martin
8131 San Angelo Dr. #4
Huntington Beach, Ca.
Alfredo (NMN) Reynoso
19609 Bouma
Cerritos, Ca.
dba ALTADENA DRIVE IN DAIRY
310-F So. Vincent Ave.
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CITY COUNCIL Page Three
CONSENT CALENDAR - Cont'd. 11/10/75
7. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK:
a) Raymond C. Youngquist, Attorney on behalf of Ronald Louis
Chamberlain re personal injuries and property damage on
July 25, 1975. (Deny and refer to City Attorney and
Insurance Carrier)
b) William M. Shernoff, Attorney on behalf of Jo Ann Viotti
and Brendina Viotti re motorcycle accident of Domonic Viotti
on Garvey Avenue on September 31,, 1975. (Deny and refer to
City Attorney and Insurance Carrier) '
Mr. Kerckhoff,: Attorney Representing United California Bank
140 W. College Executors of the will of George
Covina Scofield. Requested removal of
Item I-e for further discussion.
(Council had no objections to
the removal of this item from the
Consent Calendar)
Motion by Councilman Shearer to approve the Consent Calendar
items with the exception of Item I-e; seconded by Councilman
Browne and carried on roll call. vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
ITEM 1-e Councilman Shearer pointed out this
item will come up for discussion by
Council under Parcel Map 6135, 'Item C-1.
Mr. Kerckhoff stated he would wait and
discuss at that time.
GENERAL AGENDA ITEMS
PUBLIC WORKS
PROJECT NO. SP-74007.1 Location: South side of West Garvey
CIVIC CENTER SITE Avenue and West Covina Parkway.
TRENCHING AND BACKFILL Council reviewed Engineer's report.
Motion by Councilman Browne to approve plans and specifications
and authorize the City Engineer to call for bids; seconded by
Councilman Browne and carried.
PACIFIC AVENUE NAME Location: Pacific Avenue between
CHANGE San Bernardino Freeway and Baldwin Park
city limits.
Council reviewed Engineer's report.
Motion by Councilman Tice that City Council hold a hearing at
their regular Council meeting of January 12, 1976, to consider
the proposed name change; seconded by Councilman Miller.
Councilman Miller: Mr. Mayor, they mentioned in the report
they already conducted one inquiry, I
was wondering before it comes up at the
hearing if another inquiry could be made. In the last paragraph
they indicate that possibly the residents oppose a change not
realizing there is a transition period which could begin at an
agreed future date. I wonder if they felt on that basis they
would get more of a positive reaction than what has been given
here as a negative reaction at this point.
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CITY COUNCIL Page Four
PUB. WKS: Name Change: Pacific Avenue 11/10/75
Harry Thomas: Mr. Mayor and members of Council, we
would have sufficient time to conduct
such a survey; however, we will be
sending notices out for the hearing so we may be just duplicating
work already done. This would require two mailings before the
.hearing and we expect the hearing would be the more effective
• place to elicit responses.
Mayor Chappell: That is the normal procedure. So if"you
have no objections, Councilman Miller,
we will carry on as usual. (No
objections)
Motion carried.
Councilman Shearer: Mr. Mayor, while on this item, there is
some information I would request staff
get prior to the hearing time unless
they already have. I have a feeling this requested name change
may be tied in with the attempt to have certain freeway signages
changed. I would suggest that prior to the hearing a contact be
made with Cal -Trans to determine that if this name change is made
would that in fact result in any change of freeway off ramp
signages? Because if it wouldn't then some of the impetus for
this change might be removed.
(The Mayor asked Mr. Aiassa to contact Cal -Trans for this in-
formation.)
PROJECT NO. SP-73003-1 Location: Sunset Avenue between -
SUNSET AVENUE MEDIAN Cameron Avenue and San Bernardino
LANDSCAPING Freeway.
• Motion by Councilman Shearer to approve the plans and specifica-
tions for the Sunset Avenue Landscaping Project (SP 73003-1) and
authorize the City Engineer to call for bids; seconded by
Councilman Miller.
Councilman Browne: A question;on the irrigation system
input we had on the recent Recreation
and Parks tour where we questioned the
method of irrigation systems where they turn on during rains and
flood the streets - - hopefully all this will be taken into
consideration when this contract is let?
Councilman Shearer: Mr. Mayor - I reviewed the plans this
afternoon and I would hopefully be able
to congratulate staff we don't know
if it will work or not yet, they have come up with something
that hasn't been tried before in an attempt to control the run-
off aspect that has bothered us. I. asked them if it had been
tried before in other cities and they said "no". So I hope we
can congratulate them on the innovation. As far as coming on
when it rains - I think with an automatic system that is pretty
difficult to control. We want an automatic system to save us
time,.but there is no guarantee that.they won't come on at
midnight when .it is raining unless we send a man out to turn it
off and that is what we are trying to avoid.
Councilman Miller: Mr. Mayor, I would just like to add that
as a continual effort on staff's part
that they will be looking into the type
of materials and things that will be,used and the maintenance on
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CITY COUNCIL Page Five
PUB. WKS: PROJECT #SP-73003-1 11/10/75
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•
same to keep the cost down. I noticed mentioned in here the use
of cobblestones, etc., which is in line with my thinking.
Motion carried.
TRACT NO. 31633 Location: Southeast corner of Shadow
BUTLER HOUSING Oak Drive and.Amar Road.
(Council reviewed Engineer's report)
RESOLUTION NO. 5137 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA APPROVING FINAL
SUBDIVISION�MAP OF TRACT N0.,31633,
ACCEPTING AN AGREEMENT BY THE SUB-
DIVIDER AND SURETY BONDS TO SECURE THE
SAME.
Motion by Councilman Tice to waive full reading of said resolution;
seconded by Councilman Miller and carried.
Motion by Councilman Tice to adopt said resolution.; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PLANNING COMMISSION
PARCEL MAP NO. 6135 Location: Southwest corner of Workman
WALSH & ASSOCIATES, INC.. Avenueand Citrus Street.
Request: Approval of a Parcel Map
dividing a 5.42 acre parcel contain-
ing retail stores, service station and
appurtenant off-street parking facili-
ties into three (3) parcels in the C-2 (General Commercial) zone
and approval of a Categorical Exemption. Recommended by
Planning Commission Resolution No. 2612.
Mr. Kerckhoff, Attorney We are appealing from the decision of
140 W. College the Planning Commission in part and in
Covina order to make it clear - the Engineer-
ing Department requirements were four
in number. They required the street improvements to include
that portion of Workman Street contiguous to the subject pro-
perty. They further required street dedications to include 7'
on Workman and 5' and 22' respectively on Citrus south of Work-
man and requested that the applicant install full width side-
walks with tree wells along Workman and to further install street
lighting with underground wiring and provide the necessary trench-
ing with backfill.
I think in order for you to properly
understand the position of the executor of the will of
Mr. Scofield you should have a little more knowledge than the
history that has been presented at the Planning Commission meet-
ing. or. Scofield developed the property back in the middle
1950's and at that time put in all the curbs, gutters, made the
necessary dedications and put in street lighting - did everything
that was required in order to build. At the time of his death,
some two years ago, Mrs. Scofield wound up with their primary
asset - this property - and that was basically the extent of the
estate.
We are
United California Bank is trying
trying to pay the federal estate
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in the position now of where the
to close out the estate and
taxes and provide an income
CITY COUNCIL Pa e Six
PARCEL NAP NO. 6135 11710/75
for Mrs. Scofield during the balance of her lifetime. I think
most of the councilmen ar-e familiar with this property. It
would be nice ifwe could redevelop it and put in fancy store
buildings such as at the Fashion Plaza but the economics don't
indicate that this is a good idea. I would like to add to the
staff statement however a list of the cash'needs which the
estate has at the present time. Federal estate taxes will
amount to $48;000. We have already filed a return on a hard-
ship basis and asked for an extension of time. The expense of
administration which includes all fees, appraisers fees, costs,
etc., will amount to approximately $309000. At the present time
it looks like a firm figure of $29,620. United California Bank
as executor has so far advanced to the estate 512,000. This
may well have to be paid back to the Executor at the close of
the estate or when funds are available. They are not available
and we don't anticipate they will be available unless we
manage to raise the cash we are talking about and that totals
$89,650. There is an encumbrance in favor of a life insurance
company in the sum of $939000. If we are going to be able to
sell the property they are not going to permit us to move it
from one portion of property to the other. The attitude of the
life insurance company is if you want us to move it you have to
pay it all off. So.that is another 593,000. We have the first
half of 1975-176 real property taxes coming due by the loth of
December. The first half is $7500. Total expenses $195,150.
The estimated cost of improvements required by the City of West
Covina, the tentative bids received amounts to $30,000. The
total of that is some $225,000.
This is that one piece of property
that will have to provide all of that and we still have to
provide Mrs. Scofield, who is in her late 60's now with her
living for the future.
• We have no_place to go for these funds
except to sell a portion of the property. We are not liquid in
the sense that we have a great port. -folio of stocks, etc. They
have utilized the property for living during their lifetimes
and developed the property at their expense years ago. The
dedication of 7' on Workman and the 5' and 22' on Citrus Avenue
respectively is going to create a great hardship. There are
two parties that have informed the bank recently they are not
interested in purchasing the Arco Station property if the
dedication goes through, it will be too small for them, so they
are going to have to find something else. So we essentially -
lost the petroleum companies as a purchaser. At the present
time Arco is there on a lease and they may renew it but it
doesn't look like we are going to get any long term lease with
them. So we have to find other private parties for that
purpose later on.
If you take the 71.on Workman Avenue
we will lose one'of the lines of parking in front of the stores
which are on that property between the Arco Station and the
theatre. I appeal to your commonsense and your knowledge of
human nature to know that the most attractive feature of parking
is for the customers to be able to park in front of the building.
Witness the Eastland, where the people will park 400 yards away
from the stores but they think they are parking in front of the
stores as opposed to an area like downtown Covina where there is
adequate parking behind the main commercial buildings but the
people won't use them because they are not in front of the
stores even though they may only be 50 yards away.
CITY COUNCIL Page Seven
PARCEL MAP.#6135 11/10/75
We feel it is grossly unfair to put
this burden on.the Scofield Estate. We are not putting up new
developments, they already paid for the improvements as the
City required. As you can well imagine the rental picture of
that property is not an A-1 attractive rental for any merchant.
It is a way off of the main street; you have somewhat limited
traffic flow depending upon things other than viewability for
your business. If the estate or Mrs. Scofield or the Bank as
Trustee later on were in the process of putting up a completely
new development then I think they would be in the position of
anybody coming in asking for a change of zoning, a precise plan,
etc., putting up new stores realizing that you are generating
a greater economic benefit for yourself. At that time you are
willing to pay the price and can afford to pay the price because
that is built into the renting picture.
I have appeared before Councils for
15/20 years on behalf of developers and seldom has the developer
coming in objected to reasonable improvements paid for'by him.
We really can't afford to come up with the additional $259000
at the present time. If we try and sell the property at the
present time as a whole it is going to be a tremendous economic
sacrifice to Mrs. Scofield or her children. If the Council
accepts the judgment of the Planning Commission and imposes the
conditions as a condition to granting the parcel map then I feel
the bank will be unable to go ahead with it and we will have to
look to whatever other sources may be available. It may be
necessary to extend this estate out -for years. It may be
necessary to go to the federal government and try and finance
the taxes, which is done now, it is a 9% interest figure on
your deferred federal estate taxes. It may be that we will find
we can find a tenant or tenants strong enough so we can borrow
on the leases. It is going to be difficult. It is going to
be a tremendous sacrifice. I would"ask this Council to use its
own judgment and its own knowledge as private citizens to try
and understand the pickle the estate is in at the present time.
We are not coming here asking for anything that will give us
any kind of an economic advantage. We are being squeezed by
Federal taxes and have paid considerable California inheritance
taxes already and there are no other assets. I ask you to
please do away with requirements A, C and D. We are willing
to pay the price of dedication and we will give the extra
footage but those improvements have been put in once and now th^
City and staff is coming along using beautiful hindsight and say-
ing do it again, and I don't think it is fair. Thank you. If
you have any questions.
Councilman Tice: Mr. Mayor, it seems like a pretty good
hardship case. Knowing of the firm
that Mr. Kerckhoff represents I believe
what he is saying.
Councilman Shearer: Mr. Mayor, I have no questions, just
a comment. Here I guess we have a
situation where the law as the City
has established has not recognized all possibilities and I think
we have somewhat of a technicality here. As I understand it -
if the estate was able to sell the property or could sell the
property as one single piece as it now stands they wouldn't be
here with a parcel map or,talking about whether or not they
should dedicate - isn't that correct, Mr. Wakefield?
Mr. Wakefield: That is correct.
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CITY COUNCIL Page Eight
PARCEL MAP #6135 11/10/75
Councilman Shearer: Unfortunately for whatever reason the
property must be more marketable in
parts rather than whole and the estate
whether it is a widow or what, the principle is the same, and I
think it would be unfair for the City to jump on a technicality.
As the gentleman indicated, they are not attempting to do any
remodeling and are not proposing any remodeling. So I would
think in this case we should go along with the compromise,
pointing out if the property were sold as a whole we wouldn't
even get the property dedicated. So we have a reasonable
compromise here that is not going to cost the estate 'anything
out of its pocket. They may have to take somewhat less in the
sale on the property.
So I would suggest going along with the
delineation of.Engineering Department requirements A. C & D.
Mr. Mayor, that is a motion.
Seconded by Councilman Tice.
(Mayor Chappell ascertained in conversation with Mr. Wakefield
that Walsh & Associates are not involved in this matter other
than preparing the parcel map and thereby the Mayor would have
no conflict in voting on this issue.)
Councilman Miller: A question of the City Attorney. If
another party buys that parcel and
they decide to develop then that means
under their precise plan they would make the improvements?
Mr. Wakefield: Yes, that is correct. Of course if the
property is simply divided the improve-
ments remain on the property in the
• condition which they presently are; it might be sometime before
someone came along and wanted to change the nature of the im-
provements on the property at which time they would have to get
precise plan approval.
Councilman Browne: Mr. Mayor, I think we have to recognize
ton, if we require these improvements
that the corner lot which the service
station is on would be a nonconforming function and they would
be subjected to.f.urther expense in removing the station and the
removal of several of the parking spaces which are much needed
in that area. I'have the same feeling as Councilman Shearer
on this.
Mayor Chappell: This points out a question that doesn't
come up very often, Mr. Wakefield, but
here we have property that has already
gone through the dedication process, they put in sidewalks,
curbs, gutters, etc.j how many times can we require them to do
this type of work - over and over again? Is this a normal
procedure that you can get them twice when they have already
done it one time?
Mr. Wakefield: No, it is not the normal procedure.
Normally we would require at the time
of initial development full width
• dedication of street rights -of -way and the construction of the
improvements at that time or the construction of the improvements
might be delayed until the development of the surrounding area,
but in this case apparently at the time the original dedication
was made we didn't attempt to get the ultimate width of the
street dedication.
CITY COUNCIL Page Nine
PARCEL MAP #6135 11/10/75
Motion carried on roll call vote to approve
Parcel Map 6135,with the exception of Engineering Department
requirements A, C and D:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
• Councilman Shearer: Mr. Mayor, I would. like to make a
comment here in cse someone is
wondering why this has to come to the
City Council. I think based on the rules and regulations that
this Council and past Councils in policies have implemented,
I don't believe City Staff had much choice in the matter. Their
discretion would not allow them in this.case to say - fine, don't
do it. I also don't believe the Planning Commission would have
felt comfortable in allowing the request. I think it is a
matter that staff and the Planning Commission if they could have
acted on would have, but it was a,matter that appropriately
should be done by Council not because staff nor the Planning
Commission is heartless.
0
HEARINGS
ZONE CHANGE N0. 493-A Location: SoutheKas-Tt- corner of Citrus
CITY INITIATED Street and the San Bernardino Freeway.
Request: Approval of a change of zone
from R-A (Residential Agriculture) to
O-S (Open Space) on a certain parcel of excess land described as
Parcel 58, also designated as Parcel 1124, created by the State
freeway widening project, and certification that the Categorical
Exemption is consistent 6ith the State of California Environmental
Quality Act. Recommended by Planning Commission Resolution
No. 2613. City Clerk verified Proof of Publication in the
West Covina Tribune on October 30, 1975 received and that 3
Notices were mailed.
Mayor Chappell: Madam City Clerk, do we have any
correspondence on this item?
City Clerk: Nov I have not received any.
(Council had copies of Resolution No. 2613; staff report dated
October 15, 1975; Planning Commission minutes dated October 15,
1975. Mr. Diaz, Acting Planning Director, summarized content
of the above items and stated The Planning Commission moved
approval of Resolution No. 2613.) (Slides shown of the property
and explained by Mr. Diaz)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY
FOR OR AGAINST ZONE CHANGE NO. 493-Ay CITY INITIATED. THERE
BEING NO PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DIS-
CUSSION.
Councilman Tice: Mr. Mayor, one question. I am assum-
ing that whatever would go in there
would be low ground cover. Would that
cover be planted by the State? '
Mr. Miller:
and the landscaping is
it is an excess parcel
trying to get the State
freeway. This would ha
when it ever came.
Yes, Mr. Tice and Council, any land-
scaping that would go -in there would
take into consideration sight distance
part of the contractor - however, since
that is outside of the proposal we are
to do now as far as landscaping the
ae to be added to that contract if and
CITY COUNCIL,
PUB. HEARINGS: ZC #493-A
Page Ten
11/10/75
:7
Councilman Tice:
Mr. Miller:
as related to some of
I don't .believe this
declared excess.
So we have no time element as to when
it will be done.
That is correct.. We have been in touch
with the Cal -Trans people to provide
for erosion control on certain slopes
the underpasses but at this point in time
is one of those because this is being
Motion by Councilman Tice to approve Zone Change No. 493-A;
seconded by Councilman Miller and carried. Councilman
Shearer abstained.
PLANNED COMMUNITY Location: Woodgate Drive (Woodside
DEVELOPMENT NO. 11 Village)
AMENDMENT NO. 3 Request: Approval of an amendment to
DEVELOPMENT PLAN 1, the PCD no. 1 Master Plan to change
REVISION 7. the designated school site to a 7
TENTATIVE TRACT #26912 DU/AC area; approval for a Development
DONALD L. BREN CO. Plan revision and Tentative Tract Map
for 35 single family lots and dedicat-
ing an additional 2.9 acres for park
purposes, and certification that the Environmental Impact Report
is consistent with the State of California Environmental
Quality Act of 1970. Recommended.by'Planning Commission
Resolution No. 2615. City Clerk verified Proof of Publication
in the West Covina Tribune on October 30, 1975, received and
the mailing of 58 Notices.
Mayor Chappell: Madam City Clerk, have we received any
correspondence?
City Clerk: No, I have not.
(Council had copies of Resolution No. 2615; Staff Report dated
October 15, 1975 and the Planning Commission minutes dated
October 15, 1975. Mr. Diaz, Acting Planning Director,
explained slides shown of the area; summarized staff report
and stated since the Rowland School District has declared this
site as excess, the applicants are requesting to revert this
acreage into buildable lots and requesting approval of three
items: 1. Amendment to the PCD Master Plan to delete the
elementary school site and revert to acreage; 2. A 36 lot
subdivision (1 lot to be dedicated for.city park purposes);
and 3. A Development Plan for 35 single family homes.
Applicants have met all criteria as set forth in the Woodside
Village Master Plan; 2.9 acres of land will be dedicated back
to the City to fulfill the 8 acre park site requirement;
and the Recreation and Parks Department has accepted the
proposed layout of this additional acreage for park purposes.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON DP #1, REV.
71 TT No. 26912, PCD-1, Amend. 3,.EIR.
IN FAVOR
John Tapking Mr. Mayor and Council, I know that this
Dir. Forward Planning location and the discussionof the
• Donald L. Bran Co., school site'is quite familiar to this
15233 Ventura Blvd. group. but I would like to review just
Sherman Oaks, Ca. briefly what Donald L. Bran Company
attempted to do since 1971 when the
property was set aside for a school site.
(Referred to correspondence between Oren Company, Rowland
Unified School District and the City.of West Covina, reading
excerpts from letters starting in 1971 to the letter of
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CITY COUNCIL
PUB. HEARING: Donald L. Bren Co. Page Eleven
TT #26912 11/10/75
June 309 1975 from Rowland School District wherein they rejected
the offer of the school site and stating the District had no
objection to the development of this site by Bren Company.)
It is unfortunate that any landowner
must continue to hold land without having it developed. I
• believe that the period of time that the Bren Company has.held
the land and the honest intentions that they have continued with
their negotiations firmly reflects their intent to continue to
work with the City and the School District but it has now reached
the point where we are requesting to develop the property.
Therefore, we do request that you follow the recommendation of
the Planning Commission and the staff and we do agree with all of
the conditions that have been proposed.
Julia A question. What happens to homeowners
1910 Woodgate Drive who have paid a premium for a view lot
West Covina along that area?
Mr. Miller: As far as paying the premium for a view
lot this is a matter between the
developer and the property owner. As
far as the development of this property, we have done everything
in our power to retain this as a parksite but with the unilateral
action of the School District we can't do that any further.
Basically, any action on that basis that would interrupt a
view lot would be between the developer and the owner of the lot.
Correct me, Mr. Wakefield, if I am wrong.
Mr. Wakefield: Mr. Mayor and members of the Council, I
think Mr. Miller is unquestionably
• correct. Whether there is a school
there or a residential development a's proposed is a matter
which I am sure the developer had no control over, neither does
the City have any control over it. I think it is one of those
unfortunate circumstances actually where a person might have
purchased property under the assumption that it was across the
street from a school site and done so in all good faith and the
developer may have sold it in good faith under the assumption
the School District would continue on with its purchase, but it
hasn't turned out that way and the land can't remain vacant
forever. I don't know exactly where the lady lives but at least
2.9 acres of what was intended to be a school site will be
devoted to park purposes and hopefully that portion of the pro—
perty will enhance the desirability of the homes in that vicinity.
So at least their view will be preserved to that extent.
Jack Samuel I was present during the Planning
1846 Woodgate Drive Commission public hearing and at that
West Covina time I voiced my opposition to the
Bren Company going ahead constructing
houses in that area but after giving this additional thought and
realizing my particular grievance is not with Mr. Tapking or the
Bren Company or the City of West Covina but with the Rowland
Unified School District who is not interested in retaining this
property. So under the circumstances, and I certainly realize
the Bren Company is within all their rights.to convert idle land
• into something other than unimproved property, I would go along
with this. However, I would like for the City Council to
indicate two additional restrictions to the Bren Company prior
to their construction and that is that the City require in
someway that the Bren Company do the actual construction in this
particular proposed area.
— 11 —
CITY COUNCIL Page Twelve
PUB. HEARING: TT #26912 - Bren Co. 11/10/75
In the past the Bren Company has sold
to another real estate or construction company a parcel of land
up on the hill and there are several developers in the area and
my wife and I were just by these homes this past weekend. My
wife and I own a Bren home and are very pleased with it and in
comparing the Bren homes to the other development homes in the
area we still feel the Bren homes are far superior in construc-
tion. So if there is anyway the City Council can require
Donald L. Bren Company to exercise their construction and not
sell to someone else that may or may not construct an inferior
home. The Bren homes are good homes.
The other point is, and this point was
brought out during the Planning Commission hearing, and that was
the erection of a fence between the rear of the homes and the
additional park area. As it stands now the fence is to be made
of wood. However, the Bren Company has installed slumpstone
fencing on Amar and Temple and it is very attractive and looks
like it will serve its purpose for many years to come, whereas
I don't feel the wood fence proposed now will serve that pur-
pose. Thank you.
THERE BEING NO FURTHER PUBLIC TESTIMONY FOR OR AGAINST, PUBLIC
HEARING CLOSED. COUNCIL DISCUSSION.
Mayor Chappell: I think one'thing should be brought
out. There has been a tremendous
amount of effort made by this Council -
Councilman Shearer and myself worked with the School District
in an attempt to settle several problems on this site and other
sites set aside for schools, but in their wisdom they were not
in a financial position at this time to purchase this site and
now we must abide by the rules and decide tonight whether we
will approve this Tentative Map or not. Are there any comments
from Council?
Councilman Shearer: Mr. Mayor, I wonder if Fir. Wakefield
will answer the two questions. I am
sure the first one I can answer. I am
sure we cannot put any kind of a stipulation on Bren Company to
keep them from selling the property, but I am more concerned
with the second item. I do notice on the plan we have before us
it does show a 6' solid wood fence which would be on the property
line between city property and private property. I, too, would
be concerned, because obviously I guess if that fence collapses
we would have to pay for half of the repair work or whatever.
Could the City require a masonry fence?
Mr. Wakefield:
Yes, the City Council could require the
slumpstone masonry wall separating the
city property from the Bren property.
I believe the condition referred to is Condition m5 under the
conditions recommended by the Planning Commission.
Councilman Shearer: I wonder if staff could comment on the
pros and cons of a wood fence versus a
masonry fence.
Mr. Diaz: Mr. Mayor and Council, the wooden fence
is currently required by the Woodside
Master Plan along the park areas and that
is what exists at the present time on those homes which abutt
the current Gingrich parksi.te. This is the reason why we placed
the wooden fence requirement on this'plan.
- 12
CITY COUNCIL
PUB. HEARING: TT #26912 - Bren Ca.,
Page Thirteen
11/10/75
Councilman Shearer: Isn't it true though that most of those
homes are at considerable grade differ-
ence around the existing park, whereas
this tract.would be almost at grade, therefore the fence would be
much more accessible to.climbing and used as a back stop, and also
graffiti painting - which might weigh in favor of wood?
Mr. Diaz: There is a difference on the north side
of the park where the homes are above
the park, but on the east side or to the
rear the homes abutt the park and are not separated by that great
of a grade. So it is exactly how many homes border the park on
the north side versus the west side. ,That is the basic pro and
con. From the standpoint of graffiti it is probably easier to
paint over a wood fence than a block wall.
(Mayor Chappell and Councilmen Browne both spoke in favor of
a slumpstone masonry wall, pointing out the activities at the
park causing possible wear and tear on the fence with the
ultimate possible cost to the City or the homeowner who would not
probably replace a broken fence. Councilman Tice suggested the
possibility of a chain link fence,:audience indicated a dislike.)
Mr. Diaz: A chain link fence would probably be
worse off.. I might suggest then that
the condition be modified to be a
slumpstone masonry wall, so it would be similar to that on
Woodgate.
(Discussion followed on the construction of such a wall and its
lasting power and Council agreed a slumpstone masonry fence
would be better than a wooden fence.)
Councilman Shearer: Mr. Mayor, one further question.
And I am not sure this is relevant, but
a meeting or two back we authorized
you and Mayor Pro tem Browne to work with the various school
districts and property owners on the dedication of the bowl area
school site. Is there any tie between the Oren Company and that
negotiation?
Mayor Chappell: To my knowledge - no. It is two
separate actions. Mr. Miller, can you
enlighten us on the school site proposed
in the bowl area?
Mr. Miller: Yes, Mr. Mayor. The City is involved
again because of our park requirement,
as Mr. Diaz outlined it is similar to
the one for Gingrich. Oren Company is not involved. The
parties involved are Umark, the landowner and the Rowland
Unified School District. The City is a third party on the basis
of that park requirement and the modification thereof. I have
been in contact with Dr. Oswald and we are trying to find times
that the negotiating team for the School District as well as
Umark can make it and we will be in touch with you, Mr. Mayor,
and Mayor Pro tem. Browne. We are trying to set that meeting up
• as soon as we can but with the holiday coming up it may be
rather difficult. They are two separate matters but from the
standpoint of schools it is one matter really and we have no
control over this.
13 -
CITY COUNCIL Page Fourteen
PUB. HEARING: TT #26912 - Bren Co. 11/10/75
Councilman Shearer: I am wondering if this matter while it does
involve another company it does involve the
question of the.school - I understand the
negotiations in the bowl area - an offer has been made to dedicate
to the School District for construction of a school ....
• Mayor Chappell: That land will not be sold, it will be
dedicated, whereas in this instance it
was to be sold.
Councilman Shearer: What I am getting at, it has not yet been
dedicated, maybe I am getting kind of
devious in some of my thoughts but I hate
to think we let something go - - the more people we have that can
bring pressure on the company to negotiate the school, whether it is
Donald L. Bren Company or somebody else, might help. But I guess
that maybe is not appropriate at this time.
Mr. Miller: Mr. Mayor, if I may comment? The release
of this site or the allowing of this
development.to go through would have
no bearing on the bowl site for the.simple reason the Rowland
Unified School District has already declared their intention not
to use this site as part. of their school site program. As has
been indicated.several times before by you, Mr. Mayor, and
Mayor Pro tem Browne, the real pressure should come from the
homeowners down there who are now aware of the situation and the
pressure should be applied to Rowland Unified School District to
come up with a specific date of construction if Umark dedicates
the property and if the City Council agrees to the waiving of a
park in that location.
Councilman Shearer: Would a school in that location
reasonably serve this area? (Mr. Miller
answered: 'Yes)
Councilman Tice: How far do the children in this immediate
area have to go to school now?
Mr. Miller: The children are bused out on Amar to
Azusa down Temple, etc. (Explained)
Once the Tomorrow Project is completed
and you have Gemini put through to G:i:ano... School there will be a
more direct connection to 'La Seda School and that will be in
the neighborhood of about three quarters to a mile to get to
La Seda.. School. Villa Corta would be about three quarters of a
mile. The bowl school would be about a half mile or less.
Motion by Councilman Browne to approve with the change on Staff
Recommendation. Section VII, Item 5, to a slumpstone masonry fence
6' high; seconded by Mayor Chappell and carried on roll call vote
as Follows: AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
.ABSENT: None
VACATION OF WALKWAY Location: Cajon Circle at Azusa Avenue.
TRACT NO. 16205 Set for hearing this date by Resolution
CAJON CIRCLE No. 51.22 adopted on October 14, 1975.
• (Council reviewed Engineer's report.)
Mayor Chappell: Madam City Clerk, do you have the
Affidavit of Posting?
City Clerk: Yes, I do.
Motion by Councilman Shearer to receive and file; seconded by
Councilman Miller and carried.
- 14 -
CITY COUNCIL Page Fifteen
PUB. HEARING• T #18205 - Ca_ion Circle 11/10/75
Mayor Chappell: Madam City Clerk, have you received
any written protests or objections?
City Clerk: No, I have not.
(The City Engineer briefly stated Staff Report Dated November
69 1975 re walkway vacation.)
• THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE
WALKWAY VACATION. THERE BEING NO PUBLIC TESTIMONY FOR.OR
AGAINST,PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Browne: Mr. Mayor. At the request of the
homeowners for the closing off of this
street primarily for security purposes,
they have been subjected to a never ending vandalism situation
prevailing daily by students to school and from school. The
original developer of the tract could have placed a wall there
but didn't see fit to come up with the funds so these people
after being subjected to these problems for three years took
it upon themselves to build this.wall and the abatement. of the
right-of-way had to go through City Council. I was contacted
by one of the principals, who said he would attend the meeting
and I said that was not necessary I would speak in their favor.
RESOLUTION NO. 5138 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE VACATION OF A CERTAIN WALK-
WAY DEDICATED PER TRACT NO. 18205
ADJACENT TO AZUSA AVENUE, SUBJECT TO THE RESTRICTION AND
EXCEPTION OF CERTAIN RIGHTS AND EASEMENTS.
Motion.by Councilman Browne to waive full reading of said resolu-
tion; seconded by Councilman Tice and carried.
Motion by Councilman Browne to adopt said resolution; seconded
by Councilman Tice and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
THE CHAIR CALLED A RECESS OF THE COUNCIL MEETING AT 9 P.M.
COUNCIL RECONVENED AT 9:10 P.M.
ORAL COMMUNICATIONS None.
CITY ATTORNEY AGENDA
ORDINANCE The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 92299 CHAPTER 2 -
ZONING, ARTICLE IX OF THE WEST COVINA.MUNICIPAL CODE (HILLSIDE
OVERLAY ZONE) RELATING TO CERTAIN STANDARDS SET FORTH WITHIN
THE SUBJECT ZONE. (Amendment No. 130)
Motion by Councilman Tice to waive full reading of said
• ordinance; seconded by Councilman Browne and carried.
Motion by Councilman Tice to introduce said ordinance; second-
ed by Councilman Browne and carried.
- 15 -
CITY COUNCIL
Page Sixteen
CITY ATTORNEY AGENDA
- Cont'd. 11/10/75
ORDINANCE
The City Attorney presented:
INTRODUCTION
AN ORDINANCE OF THE CITY COUNCIL
( URGENCY')
OF THE CITY OF WEST COVINA, CALIFORNIA,
No. 1279
ADDING SECTION 4134.1 TO THE WEST
ADOPTED
COVINA MUNICIPAL CODE PROHIBITING THE
OFFERING OF VEHICLES FOR SALE.FROM OFF-
STREET PARKING FACILITIES UNDER
SPECIFIED CIRCUMSTANCES.
Motion by Councilman
Browne to waive full reading of said
ordinance; seconded
by Councilman Miller, and carried.
(Councilman Shearer
asked if this might be made an Urgency
Ordinance and Mr. Wakefield
said it could but he would have
to reread the heading
and reword.)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA
ADDING SECTION 4134.1 TO THE WEST COVINA MUNICIPAL CODE
PROHIBITING THE OFFERING OF VEHICLES FOR SALE FROM OFF-STREET
PARKING FACILITIES UNDER SPECIFIED CIRCUMSTANCES AND DECLARING
THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY.
Motion by Councilman Browne to waive full reading of said
ordinance; seconded by Councilman Tice and carried..
Motion by Councilman Shearer to introduce and adopt said
urgency ordinance;, seconded by Councilman Browne and carried
on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
• ORDINANCE NO. 1280 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING SECTION
9218 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO THE GRADING AND EXCAVATION
OF LAND. (Amendment No. 129)
Motion by Councilman Browne to waive full reading of said
ordinance; seconded by Councilman Tice and carried.
Motion by Councilman Browne to adopt said ordinance; seconded
by Councilman Tice and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice,Chappell
NOES: None
ABSENT: None
ORDINANCE NO. 1281 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING THE WEST
COVINA MUNICIPAL CODE SO AS TO REZONE
CERTAIN PREMISES.. (Zone Change
Application No. 493 - City Initiated)
Motion by Councilman Tice to waive full reading of said ordinance;
seconded by Councilman Miller and carried.
Motion by Councilman Tice to adopt said ordinance; seconded by
Councilman Miller and.carried on roll call vote as follows:
AYES: Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
ABSTAIN: Shearer
- 16 -
CITY COUNCIL Page Seventeen
CITY ATTORNEY AGENDA — Cont'd. 11/10/75
RESOLUTION NO. 5139 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROV—
ING THE CLASS SPECIFICATIONS FOR THE
CLASS OF POLICE AGENT AND ESTABLISHING
THE SALARY RANGE THEREFOR. .
• Motion by Councilman Browne to waive full reading of said resolu—
tion; seconded by Councilman Tice and carried.
Motion by Councilman Browne to adopt said resolution; seconded by
Councilman Tice and carried on roll: call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 5140 The City Attorney presented
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA DECLARING ITS
INTENTION TO APPLY FOR GRANT FUNDS
PURSUANT TO THE FEDERAL HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974.
Motion by Councilman Miller to waive full reading of said resolu—
tion; seconded by Councilman Browne and carried.
Lotion by Councilman Miller to adopt said resolution; seconded by
Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
• (Mayor Chappell stated there was a vacancy on the Community
Citizens Advisory Committee with the resignation of Dorothy Tucker
and asked for the submission of names by Council members;
Councilman Shearer pointed out that he didn't believe there was a
predetermined number necessary to complete this Committee;
Mr. Salazar verified that was correct, the Committee started with
15 members and they could continue with 14 members or if Council
so desired they could appoint more but 15 is about the maximum
the Conference Room will hold where the meetings are held.)
Mr. Wakefield:. Mr. Mayor, in connection with this same
item, Mr. Salazar calls my attention to
the fact the City Council needs to set
the date for the first public hearing on "Needs".
(Council discussed and determined on November 24, 1975.)
Motion by Councilman Shearer to set the public hearing on the
Community Development Advisory Committee's "Needs" program on
November 24, 1975 at 8 P.M. in the West Covina Council Chambers;
seconded by Councilman Miller and carried
WORKMEN'S COMPENSATION Mr. Wakefield: Mr. Mayor, you have
AND DISABILITY RETIREMENT a staff report from
LAW the Personnel Board
• (Staff Report) making some additional recommendations
with respect to Workmen's Compensation
and Disability Retirement changes.. The recommendations of the
Board follow generally the policy adopted heretofore by the City
Council. It seems to me the report can be received and filed.
- 17 —
CITY COUNCIL Page Eighteen
CITY ATTORNEY AGENDA - Cont'd. 11/10/75
Motion by Councilman Tice to receive and file report; seconded by
Councilman Browne and carried.
CITY EMPLOYEES' Mr. Wakefield: Mr. mayor and members
EVALUATION SYSTEM of Council, this is also
(Staff Report) aninformational report
commenting on the progress made to date with
the City Employees' evaluation system; it
• will be subject to a further report by the
Personnel Board.
Motion by Councilman Tice that staff continue the study of the City
Employees' Evaluation. System, and further, that there be a
tightening of the pre -employment and probationary period evaluation
system; seconded by Councilman Browne and carried.
TUITION REIMBURSEMENT Mr. Wakefield: Mr. Mayor and Council
GUIDELINES REVISION members, you have a
(Staff Report) recommendation by the
Personnel Board for the adoption by
City Council of certain tuition reim-
bursement guidelines as revised by the Board. The proposed
revisions are attached to the staff report. Perhaps
Mr. Northcraft can provide whatever details are required by
Council.
Councilman Shearer: Mr. Mayor, a.,question of Mr. Northcraft.
In coming up with these revisions was
there input from the employee representa-
tives groups -on the revisions as to their acceptability?
Kevin Northcraft:. Mr. Shearer and other members of City
Council, each employee association is
. represented on the Tuition Reimbursement
Committee and basically we were trying to elaborate on some of
the rulings that the Committee has made in the past as far as
making it a little clearer to people on application as to what is
eligible for reimbursement rather than waiting for the Pommittee
to take its action.
Councilman Shearer: I am not sure I got that - simply stated
were the changes unanimously accepted by
the Committee?.
Mr. Northcraft: Yes - they were.
Councilman Miller: Mr. Mayor, a question. It says an appli-
cant "who is eligible for full reimburse-
ment or assistance from any other govern-
mental agency_, organization or association is not eligible for
tuition ieimbursement under the City's program." Does that mean,
for example, a private business that gives a full scholarship to a
school that in turn this scholarship is part of their full
reimbursement - -.does that mean then they are eligible for a
tuition reimbursement? Did I make myself clear? Say the
governmental agency directly gives you the money that is obvious,
but say they diverted it to the school first and then give it to
you, is it the same thing?
• Mr. Northcraft:
program then they are not
gram.
The basic rule the Committee goes by if
any of the expenses on the part of the
employee are reimbursed under any other
doubly.reimbursed under the City's pro-
=V4=
CITY COUNCIL. Page Nineteen
CITY ATTORNEY AGENDA — Cont°d._._ 11/10/75
Motion by Councilman Shearer to approve the recommendation of the
Personnel Board with regard to Tuition Reimbursement Program Rules
and Regulations, (dated October, 1975); seconded by Councilman
Miller and carried.
IMPLEMENTATION OF REQUEST Mr. Wakefield: Mr. Mayor and Council
BY SYLVAN S. SHULMAN members, at your last
• REPORT meeting you referred
to the City Attorney and staff, a
communication from Mr. Shulman, the developer of the Fashion Plaza,
requesting that certain provisions of the vehicle code be made
applicable to the Fashion Plaza area. The statute which is
embodied in a section of the vehicle code requires that the owner
of the property or the developer in this case be notified of the
time and place where the City Council proposes to act on the
request and that there be a public hearing at that time. It is
recommended that the City Council fix November 24, 1975 as the
date for the hearing on the adoption of a proposed resolution
making certain provisions of the vehicle code applicable to the
parking facilities within the West Covina Fashion Plaza.
So moved by Councilman Shearer, seconded by Councilman Miller and
carried.
(Mayor Chappell advised Mr. Wakefield that City Council met in
Executive Session at their last meeting scheduled with the
Recreation & Park Commissioners and would now like to have the
resolutions necessary for the pay increase of 5% for the City
Manager and the City Attorney.)
RESOLUTION NO. 5141 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
FIXING THE COMPENSATION PAYABLE TO THE
CITY MANAGER.
Motion by Councilman Shearer to waive full reading of said
resolution; seconded by Councilman Miller and carried.
Motion by Councilman Shearer to adopt said resolution; -seconded
by Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 5142 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, FIXING
THE COMPENSATION PAYABLE TO THE CITY
ATTORNEY.
Motion by Councilman Shearer to waive full reading of said
resolution; seconded by Councilman Browne and carried.
Motion by Councilman Shearer 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
THE CHAIR RECESSED THE CITY COUNCIL SLEETING AT 9:30 P.M. FOR THE
PURPOSE OF CONDUCTING THE REDEVELOPMENT.AGENCY MEETING. COUNCIL
RECONVENED AT 9:32 P.M.
— 19 —
CITY COUNCIL
CITY MANAGER AGENDA
Page Twenty
11/10/75
SOUTHWEST WATER CO. Mr. Wakefield: Mr. Mayor and Council
STOCK CERTIFICATES members, this oxchange
of stock certificates
is made necessary because the Suburban Water Company has been pur--
chased by Southwest Water Company. They are offering to exchange
stock certificates of Suburban for Southwest. The City either has
• the option to trade up to the next even 3100 or trade down to the
next lower Z100., so the.amount of stock comes out to be an even
LIDO. I don't know what the staff has recommended, I believe it is
down.
Motion by Councilman Shearer to approve staff recommendation and
authorize the Mayor and City Clerk to execute a transmittal to
Southwest Water Company electing to receive two S100.000 9-1/27o
convertible subordinated debentures plus $45.00 in cash in exchange
for surrender of seven shares of class A preferred capital stock of
Suburban Water Company; seconded by Councilman Miller and carried
on roll call vote as follows:
DYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PROGRESS REPORT ON
Motion by Councilman Shearer to receive
SIGNAGE FOR PLAZA
and file report; seconded by Councilman
PARKING STRUCTURE
Miller and carried.
INFORMATIO AL REPORTS
a Comparative Fee Survey
Motion by Councilman
Shearer to
b) Recreational Vehicle
receive and file the
informational.
Study
reports; seconded by
Councilman
Miller.
c) Dr Pt Environmental
• Impact Report re
Andrew J. Rodzinak.,
D.V.M. Reservoir(R-6)
Councilman Tice:
Mr. Mayor, a question on
the Compara—
tive Fee Survey. Staff
says one
alternative is to make a
progressive
type of scale and in all
Fairness to the .individual
who has a
small parcel of .land or
adding to his home I would
prefer the
progressive scale rather
than a flat fee regardless
of size.
Mr. Diaz:
Mr. Mayor and members of
the Council,
as is indicated in the cover
memoran—
dum staff at this point
is not making
any recommendations, it
is just a report. With regard
to the
progressive scale that is utilized by some cities,
we could look
into that further if the
Council desires.
Councilman Tice: I would like to see you do that, at
least within certain blocks.
Councilman Browne: I think we have =stabl.ished that with
the economics that prevail now that we
should have some amendment to the
present method of assessing. I think, as Councilman Tice indicat—
ed, we should analyze this and come up with a more factual way of
• helpinq the coffers and expenses involved in public hpar.ings.
Councilman Shearer.: I would favor a progressive fee where
applicable — only where it required more
work. It.doesn't necessarily require
20 —
CITY COUNCIL page Twenty—one
CITY MANAGER AGENDA — Cont'd. 1.1/10/75
more work for a 1.00 unit variance varsus a one unit. Let's say*the
variance is to build a 5' fence over. a 5' Pence. The fact he
builds it around 100 lots wouldn't necessarily increase the
staff work by 10C) times. In my opinion we have to be careful that
we don't utiIi.z e there fees as a mcans of mak.in(: money an(_) t io it
into some percentage of what the developer may get. Other than
• that, yes, if it takes 100 times to do as much work to do a
100 acre tract then by all means the developer should pay more
than the one acre. But again, no way would I favor an attempt to
recover full cost. I think that would just drive developers as
well. as our self up a wall.
•
•
Councilman Tice: I assume staff will come up with
alternative methods. I move to
direct staff to proceed in this
direction.
Seconded by Councilman Browne and
carried.
Councilman Miller: Mr. Mayor, a question on the recrc:,atio:-i—
al vehicle study. Did this entail the
status of the buses also converted into
recreational vehicles? Are they part of this report?
Mr. Diaz: Mt. Mayor and Council members, the
buses that you are speaking about I
believe are the buses at one location
on Hollenbeck Avenue. The numbers that you have there, whether
or not that specifically included those buses I don't know.
The main purpose of the report was to indicate: rl — the number
we were talking about that we discovered with the limited survey
done and by the nature of what was the main purpose of that
survey it had to be limited. #2 — once again to emphasize staffs'
feeling that.recreat.ional vehicles, and we can point to one or two
isolated cases of where it might be bad, but generally recreation—
al vehicles are an accessory use to.a single family residential
home and therefore we should not pursue the matter of further
regulation of their storage at this time.
Councilman Browne:. But three buses at one location?
Mr. Diaz: I believe that problem has been
solved at this point. It was a bad
situation and we worked with it with
the tools we had available. It is my understanding those buses
are now gone.
Councilman Chappell: Mr. Wakefield, can we write an
ordinance to limit one recreational.
vehicle per single family residence?
Mr. Wakefield: Mr. Mayor, yes, I think we have the
power to limit the storage or parking
of a single recreational vehicle on
a single family residential lot. Now that would include, I
assume, the bus that is converted to the recreational vehicle as
well as the additional recreational types — yes you could limit
the number.
Mayor Chappell.: Well before it faces us again may I
have the concurrence of the Council
— 21 —
CITY C'OUNC.IL
CITY MANAGER AGENDA — Cont'd.
Page Twenty—two
11/10/75
to instruct the City Attorney to draft such an ard.i.na,rice?
Councilman Tice: What is meant exactly by one
recreational vehicle, one camper or one
motor home? What about a trailer, baits,
etc.
(The Mayor stated he was thinking primarily of the recreational
motor vehicle; Councilman Tice pointed out there are cases where
we have two recreational vehicles — Council agreed, also boats,
and in some instances two campers and two trucks. The Mayor
pointed out there are storage areas that could be utilized. After
fu:rthcr discussion by Council it was decided to hold off on this
until further research .is completed.)
CITY CLERK
REQUEST OF F'RED J. CLERK, To conduct a one (I.) day auction on
AUCTIONEER Saturday, November 22, 1975 for
Etc. Ltd., owned by Mr. James Cook,
located at 1213 Azusa Canyon Road.
(Approve subject to City Attorney
review.)
Motion by Councilman Browne to approve.the request subject to
City Attorney review; seconded by Councilman Tice and carried.
MAYORIS REPORTS
PROCLAMATION Nearing no objections the Mayor
proclaimed "United States Marine
Corps Day" November 10, 1975.
• Advised also that the Eastland
Shopping Center will honor the Marines on Saturday.
Mayor Chappell.: With the advent, we hope, of additional
buses and transnortati.on within our.
City starting January 1, 1 would like.
to point out a project that the West Covina Lions' Club has been
i.,vaIv d i.n. You might recall the picture Mayor Pro tem and
myself' h,-.id taken it front of the hospital showing thn bench
donate_; by the Lions' Club. Two more are forthcoming from the
Club. I think Council. through its resources and through the
press perhaps, can encourage other service clubs and organizations
within the community to provide benches for citizens to sit on
while, waiting for the bus. They are very attractive and are made
out of concrete and in this instance the West Covina Lions, Club
name is embedded in the cement so people using the bench will know
who provided that bench. With permi'ssinn of the Council I think
letters should be sent to all service clubs and organizations
pointing out there will. be a nerd for benches very shortly, and
as this is Christmas Time and the time of generous giving, etc.,
a donation of this type from the organizations willing to do
this m ght. be encouracged.
(Councilman Tice asked the cost and was advised by Mr. Miller
two benches ran 1$2172. total, or about �185 each. )
• Ploti.on by Councilman Tice to direct the Mayor to wri.tle the
nresidant of the various organizations and service Clubs in the
commun.i.ty advising them of the need of benches at bus stops;
seconded by Councilman Browne and carried.
— 22 —
CITY COUNCIL
MAYOR'S REPORTS
Page Twenty-three
11/1.0/75
(The City Attorney stated he would like to check the code, he
thought there is something in the code about, benches in the
public: right-of-way; the City Engineer stated - unless he was
in error - Section 3185 allows this under permit from the City
Engineer or Traffic Authority. Mayor suggested the City
Attorney check it out.)
• COUNCILMEN'S REPORTS/COMMENTS
Councilman Shearer: I would suggest that in the future we
do one of two things. That we either
stop having the Bay Scouts march down
the aisle with. the flag poles or we get flag poles more appro-
priately designed for that type of activity without hitting the:
ceiling, or cause tripping over, etc., perhaps ,just a straight
forward Pledge of Allegiance. I noticed again tonight they had
difficulty getting down the aisle with some of the overhangs.
It could present some problems for the youngster trying to control.
those rather long standards not designed for that purpose in the
City Hall Chambers.
Mayor. Chappell: A good point! Perhaps they can bring
a smaller flag in as part of the
ceremony. (Mr. Aiassa advised there
were two such smaller flags at City Hall that could be used.)
Councilman Miller: Re Proposed Bylaws Amendments for
Independent Cities.
We have the bylaws amendments before: us
this evening for review and consideration. It is my understanding,
Mr. Mayor, that you will be attending,this meeting on the 19th and
representing us since I have a Planning Commission meeting that
• evening.
Mayor Chappellt Yes, I am your alternate and will be
attending. Does Council have any
other comments on this?
Councilman Ticev Just curious, Mr. Mayor. What are we
getting out. of this independent
Cities organization?
Mayor Chappell: The Independent Cities is sort of a
watch dog over the expenditure of
funds from'the County into areas
where we may be..payi.ng for what we are providing the citizens
and also helping them provide that service for other communities.
It has been a good organization in that respect. We haven't
participated in any of their social affairs but we have taken
advantage of their studies and supported them in several areas
since 1 have been on Council.. They try and see that we all pay
our fair share.
(Councilman Miller handed the Mayor..more information regarding
their preliminary work program, their goals for the year and
the proposed budget.)
Councilman _,hearer: Mr. Mayor,,the only comment I hive on
this, speaking of course to the question
• of the bylaws, not our membership
although they are somewhat related. The new bylaws, as I understand
it, increase the dues somewhat. I am not sure what we are paying
now but under the new assessment we would pay, depending on Which
census you believe, either S690 or i740, and in this case I: hope
- 23 -
CITY COUNCIL
COUNCILMEN'S REPORTSZCOMMENTS
Page Twenty—four
1.1/10/75
•
we are a smeller city so we might save a few dollars. The point
I am getting,at, the annual dues wi1..1 be due on July 1 of each
year. I:s this going to be effective July of next year or is.
there going to:be some attempt to make it retroactive, in which
case our budget would not allow for this?
Mayor Chappell:
handed to me by Mr. Miller.
The budget proposal. as we have
submitted is for the fiscal year 1976-77.
I note this in the information just
Councilman Shearer: If that is the case then I would
suggest we authorize you to approve the
bylaws and then come budget time we can
decide whether we want to pay the amount of money celled for and if
we don't we would then drop out.
(Councilman Browne aske' d for copies of the information presented
to the Mayor. by Councilman Miller; Mayor Chappell turned the
material over to staff asking them to send copies to the Council
and return the material to him tomorrow.)
Councilman Tice: Mr. Mayor, I received a very interesting
letter from Mayor Louis Gilbertson of
Temple City regarding an artic.l.e on our
stand on the San Gabriel Valley Association. At this time I don't
wish to make it public because he has asked me to do this on a one
to one basis. (The M or indicated he also received a letter in a
little different vein. In essence he is taking me and the Council
to task. (Asked the City Attorney if he had to make this public;
advised it was addressed to him personally and need not be read
publicly. )
Mayor Chappell:
initial organization
of Cities. Does the
just to keep in touch
this one out?
As you noticed, in our packet we
received a notification of a meeting
on November 13 pertaining to the
meeting of the San Gabriel Valley Association
Council want to have someone attend that
with what they have planner: or should we sit
Council;-iian Tice: Since Councilman Miller has been
attendin'q I think he should cont.inur?.
Mayor Chappell: I really think we should .stay in thhere.
If this outfit proves worthy we don't
want, to be the stumbl.inq block, but
until there is a little more need of them I think the position we
took: last time is certainly the correct one for the City of West
Covina.
(Councilman Fliller agreed to attend; Council members said he had
their support.)
APPROVAL OF DEMANDS
• ; 359 an;.! 361.), Register 1
carried on roll call vote
AYE S: .
NOES
ABSENT•
Motion by Councilman Orowne to ap prove
Demands totalling V)71,603.55 note) on
U.C.B. form 152492 and 52.709, and B. of ;.
and 2; seconded by Councilman Tice and
as follows:
Shearer,.Miller, Browne, Tice, Chappell
None
None
— 24—
CITY COUNCIL
Page Twenty —:five
1.1/10/7E
(Mr. Aiassa called Council's attention to the informational item
given them from the Public Employees Retirement System — there
Will be a report to Council on it on 11/24/75.)
ADJOURNMENT Motion by Councilman Shearer to
adjourn meeting at 10 P.M., seconded
by Councilman Tice and carried.
ATTEST:
CITY CLERK
•
0
APPROVED:
MAYOR