11-24-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MECTINC OF THE CITY COUNCIL_
CITY OF WEST COVINA, CALIFORNIA
NOVEMBER 24, 1975.
The.regular meeting of the City Council called to order at
7:32 P.M. in the West Covina Council Chambers by
Mayor Ken Chappell. The Pledge of Allegiance was given; and the
Reverend Charles R. Simmons of the United Methodist Church gave
the invocation.
ROLL CALL
Present: Mayor Chappell; Councilmen: Shearer,
Miller, Browne, Tice
Others Present: George Aiassa, City Manager
Lela Preston, City Clerk
George Wakefield, City Attorney
Michael Miller, Public Serv. Dir.,
Leonard Eliot, Controller
Harry Thomas, City Engineer
Ramon Diaz, Acting Planning Director
Gus Salazar, Redevelopment Coordinator
Gloria Davidson, Deputy City Clerk
Fred Terrell, Admin. Analyst Jr.
Kevin Northcraft, Admin. Ass't.
Charles Bahn, Press, W.C.F.A.
Eric Cohen, Staff Reporter —Sentinel
Bill Freemon, Staff Reporter - S.G.V.D.T.
APPROVAL OF MINUTES Councilman Tice asked for a correction
• in the minutes of the regular meeting
of November 10, 1975 — Page 3, 'lotion
re Project No. SP-74007.1 should read as seconded by Councilman
Shearer.
Motion by Councilman Browne to approve the minutes of the regular
meeting of City Council dated November 10, 1975 as corrected.and
to approve the minutes of the adjourned regular meeting of
November 10, 1975; seconded by Councilman Tice and carried.
CONSENT CALENDAR Mayor Chappell explained the procedure
of the Consent Calendar items and asked
if there were comments on any of the
following items:
1. WRITTEN COMMUNICATIONS
a) CLEMENT L. NEIBEL, Invitation to view the American Free —
CHAIRMAN — BICENTENNIAL. dom Train at the Los Angeles County
COMMITTEE OF THE.CITY Fairgrounds in Pomona from Tuesday,
OF POMONA December 23 through Tuesday,
December 30, 1975. (Informati.onal.
Receive and file)
b).CALIFORNIA REGIONAL WATER Copy of letter to BKK Company re
QUALITY CONTROL BOARD Revised Waste Discharge Requirements
LOS ANGELES REGION BKK Class I Landfill. (Receive and
file)
CITY COUNCIL Page Two
CONSENT CALENDAR — Cont'd. 11/24/75
c) CAL_IFORNIA ASSOCIATION Urging Council to adopt the Blue Curb
OF THE PHYSICALLY Law. (Refer to Staff)
HANDICAPPED, INC.
d) PETITION Signed by 30 residents of West
Glendale Street and South Evanwood
Avenue re erection of a block wall 8'
high to run entire length of adjacent
shopping center. (Refer to Staff)
e) THE SALVATION ARMY Request to place Christmas Kettles in
City from November 28 through
December 24, 1975, and waiver of
charitable business license.
(Approved in prior years. Recommend
approval)
f) CITY OF ARCADIA Re meeting of the San Gabriel Valley
Labor Relations Association on
Tuesday, December 9, 1975 at 11:30 A.M.
(Informational) '
2. PLANNING COMMISSION
SUMMARY OF ACTION November 12, 1975. �Accept
Accept and file)
November 19 1975. and file)
(Action Items from 11/19/75: Refer to
Agenda Items C-1 and C-2)
3. RECREATION & PARKS COMMISSION
SUMMARY OF ACTION November 20, 1.975. (Accept and file)
• 4. HUMAN RELATIONS COMMISSION
SUMMARY OF ACTION
5. YOUTH ADVISORY COMMISSION
MINUTES
6. ABC APPLICATIONS:
November 13, 1975. (Accept and file)
October 31, 1975
November 4, 1975 (Receiiie and file)
Chief of Police recommends NO PROTEST.
a) Far West Services, Inc.
dba REUBENS
2701 Alton
531 So. California Avenue
Irvine, Ca.
T.
CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK:
a)
Knora Jackson
Re alleged embarrassment in restroom
843 E. Lucille Ave.,
of local restaurant. (Deny and refer
West Covina
to City.Attorney and Insurance
Carrier)
b)
Harold M. Gamer,
On behalf of Ulysses Harris,
Attorney
520 Tonopay, La Puente re injury
during arrest action. (Deny and refer
to City Attorney and Insurance Carrier)
8.
TRAFFIC COMMITTEE,
Review Action of November 18, 1975.
MINUTES
(Accept and file)
9..QUARTERLY
.WATER REPORT
Informational. (.Receive and file) '
— 2 —
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
10. CITY TREASURER
Pane Three
11/24%75
Report for month of October, 1975.
(Accept and file)
Lloyd Temple and Mathew Hunt, requested
Item I-d be removed from the Consent Calendar for discussion;
Councilman Miller requested Item 8-a Traffic Committee Minutes
Item 1 be removed for discussion; Councilman Shearer requested
Item 8-a-8 removed and Mayor Chappell asked that Item 2-b-7 be
removed.
Motion by Councilman Tice to approve Consent Calendar items with
the exception of Items I-d, 8-a-1 & 80 2-b-7; seconded by
Councilman Browne and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
ITEM I-d
PETITION
Lloyd Temple With regard to the petition. I would
1035 Glendale like to mention.a few of the reasons why
West Covina we have asked for the 8' high wall.. The
elevation isn't the same at the fence
level as it is back farther so in order to have a 6' protection
at the fence level you would have to have an 8' wall at the alley
line. At the easterly part it comes down and the 8' would have to
come up to match the fences along there. It also appears to me
they are building a mound. in the landscaping farther down where
people could get up and look over the walls. Mr. Miller and
Mr. Fowler have been out'and looked at it, they noted the difference
in the elevation. This barrier was discussed by the residents and
City Council when the developer petitioned for approval to build
the shopping center and a.t that time Council was very concerned that
there be a wall so there would be.privacy. It was one of the
conditions of approval; however, to date they have never done
anything. Therefore, I feel a certificate of occupancy should not
be issued until this wall is built.
We also have a lot of not-ses there.
People racing up and down in their cars in that alleyway.
(Explained the noise situation) Also the noise level at the
Sizzler Restaurant due to refrigeration units would exceed the
noise level allowed by City Ordinance. I mention this because
there is a deli going in there also and the only place visible
where they could set refrigeration units would be in the alley next
to the fence or on top of the roof. I would like to see that it is
considered to be put on top of the roof. I would .like Council to
see what they can do about that. At present it really doesn't have
the impact that it will have in the summertime when windows are open.
In some places this wall, is only 42" high
and you can step right over it. They had a fire there and they came
and got my Bose by stepping right over the wall. (Stated problems
of burglary because of easy access to residents' yards.) I don't
think the petition request is unreasonable and I know the Council
had our welfare in mind when they asked for this wall and we are
• now concerned because they can't put it up once they plant the
shrubs unless they tear them out. So I got in touch with City Hall
when they started putting in the shrubbery and that was stopped.
We know there are police problems in every area but we don't want
someone to be able to step over our wall easily, so I don't think we
are asking for any -thing unreasonable.
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CITY COUNCIL. Page Four
CONSENT CALENDAR: Item I-d 1.1124/75
Mathew Hunt I thoroughly ,_agree with everything
1107 Glendale St., Mr. Templu said and I think the concern
West Covina that is expressed by Lhe residents on
Glendale Street is evident here tonight
with the large turnout of citizens we have. I have lived on
Glendale Street for over twelve years and it has always been a
quiet, peaceful community and now we are pried upon. I looked out
my door the other night and saw two heads looking into my back
yard. Our privacy is completely shattered. We have generators
going day and night, garbage pickup at 6:30 A.M. We are very con-
cerned,gentlemen, and we ask that you do consider very strongly
the issuance of a variance to an 81 sound, privacy and security
barrier. I feel very strongly when -we do have crime in the
shopping center and we will have crime, the police will be approach-
ing from the West Covina Parkway and California Street and that
leaves one access route open to would be criminals or criminals
and that is our backyards.
As pointed out by Mr. Temple our wall
has now been reduced. Three years ago I put in a swimming pool
.and raised my .wall to the code level of 61. I measured my wall
over the weekend and it is less than 51. I took the liberty of
measuring a few other people's walls who have pools and found
Mr. McKenna's wall is 4' from the outside and Mr. Thomas's wall
is 419". All of these are under code. What disturbs me is we
have the developer about to put in green shrubbery with no regard
for increasing the height of the wall. I believe the shrubbery
with the current height of the wall will only act as a cover for
would-be peeping toms' and other people of questionable curiosity.
Therefore we earnestly request that City Council consider favorably
our request forerection of an 81 barrier. We understand that
walls in West Covina have a maximum of 61, these are generally
• neighborhood walls; however, in this case we are attempting to
block out the noise and distraction of a shopping center to
separate it from a residential area so we can use our backyards
and have some measure of privacy. We trust you will consider this
request favorably. Thank you.
Robert Holman First let me say that I agree in
Developer of the principle with you Mr.. Hunt and
Shopping Center Mr. Temple - that the present height of
the wall is a problem. When brought to
my attention on Thursday I personally walked the wall first with
our contractor to get his opinion and later in the day with
Mike Diller to get his opinion as to what should be done. Parti-
cularly in your area, (fir. Hunt, the wall is severely low.
(Councilman Shearer asked if this is a wall put in by the developer
or are these walls that were there prior to his coming in?
Mr. Holman stated he had not built any walls.)
Mr. Holman: There is an existing wall that runs the
length of our property that may have
been built at different times because it
is of varying heights. We were asked not.to build another wall
by the Planning Staff if possible because there is a problem
created when two walls are built next to each other. (Explained
problems that might be encountered with children getting caught
• between walls, etc.) So we have not shrieked our responsibilities
but were acting in conjunction with the city on that.
We are certainly trying to build a
shopping center for the citizens of West Covina that adds a
dimension that we don't think you have now and we are trying to do
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CITY COUNCIL Page five
CONSENT CALENDAR: Item I-d 11./24/75
the best job we can to bring a quality place to shop to the City.
I 'am a little shook up tonight after seeing the peti.ti.on.on
Thursday that the thrust of concern was over crime and I was
attracted to West Covina because I think it i.s quite a nine place
to live and I don't know why there is such a great concern about
crime.
As I say, I agree in principle with the
homeowners. My only source of possible disagreement might be the
height of the wall. IF we were to build a 6' wall onour side that
would be a 7' wall on their side. I spoke with Mr. Miller
earlier this evening and he suggested that we build and before we
build we measure what would be required to protect the privacy of
the citizens there and if it were more than 6' that he could
possibly give us a variance or in some way allow us to build a
wall that would create privacy for the residents, which I think
they deserve. His suggestion, which I think is a good.one, that
we meet with their representatives as soon as they are available
and work out a definitive agreement for the wall and I will
publicly commit now based on the premise that they will withdraw
their protest of our tenant's liquor license and based on that
premise I will publicly commit to build a wall that will satisfy
their privacy needs.
I would also like to comment that our
air conditioning is designed to go on the roof and I think it
will not interfere with their living. Also I talked with the
representatives of the Sizzler today and they either have or will
contact their engineering engineers and they will solve the pro-
blem of excess noises of their air conditioning units because
they certainly want the goodwill of the residents of West Covina.
• Mayor Chappell: We thank you. Mr: Miller, perhaps you
can get together this evening with
Mr. Hunt, Mr. Temple and Mr. Holman
and see if something can be worked out. You might use the
.Council's conference room. It sounds like we have a gentleman
.here who will do all in his power to do what is being asked.
This is the type of cooperation we like from the. developers
coming into our City. It .looks like the solutions are here.
Motion by Councilman Shearer that the petition be referred back
to staff; seconded by Councilman Browne and carried.
ITEM 8-a-1 Councilman Miller: The recommenda-
TRAFFIC COMMITTEE MINUTES tion is to deny
this request. I
have a question of staff. In relation to that particular driveway
if a van was parked right to the entrance there it seems to me that
would present a visibility problem in trying to move out into the
street - - I wondered if staff had analyzed from the standpoint of
just putting in a red curb for the first parking stall at the
entrance there to allow a little more visibility when coming out
of the driveway?
Mr. Thomao: Mr. Mayor and Council members, we have
City Engineer examined the problem and the situation
mentioned by Councilman Miller can cause
• difficulties as it can in most locations where there are driveways.
What we are looking for primarily in this type of request is some
physical condition that would justify treatment that we would not
normally find elsewhere in the community. Our feeling was that the
conditions that existed here given the circumstances we observed
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CITY COUNCIL Page 'S
CONSENT CALENDAR: ITEM 8-a-1 11/24/75
did not warrant any extraordinary treatment in the area. Itowever,
if there were a persistent problem of curb parking that might:
warrant it but we didn't find any evidence of it. Usually our
criteria on this type of thing is where phys.ic,-al conditions are
such that under most instances there ujould be <_a sight distance pro-
blem that would not necessarily be prevalent in similar areas in the:
City and our feeling was the conditions at this location had not
changed substantially as a result of the freeway construction
and that the conditions existing there were not significantly
different than encountered in many other areas in the City.
Councilman Diller: I can see from the standpoint of a small
car parked there that there would be no
problem -.I understand the situation now.
Thank you.
ITEM 8-a-6 Councilman Shearer: Two things caught
TRAFFIC COMMITTEE my eye on this
MINUTES item. I am not
personally aware of the.background. The
first was, and it may be a play on words,
but the request that came in from one of thr. citizens represented
apparently a number of people requesting a study of traffic condi-
tions at a particular intersection - Evanwood Avenue and Durness
Street - and that has been an intersection that has come to us on a
number of occasions. The second thing that caused me some concern
was the recommendation to increase the speed limit on the street,
and to me that is a red flag. No matter hog., valid .it may well be
from an engineering standpoint and I recognize the State Law that
requires us to make such a study and post the street accordingly
before radar can be used,,but if the results of that study call for
an increase in the speed limit, in this case to 30 miles per hour,
. we must do it if we expect to use radar, and I. assume that is
what prompted this recommendation. I don't know Fir. Cooper and his
friends on the street but:.I doubt very much that when they asked
for this situation to be studied that they envisioned the
recommendation would be to increase the speed limit. I also
visualize if we did that we could also have a number of people here
at a subsequent meeting - and Orange Avenue come to my mind where
we, proposed to raise the speed limit. perhaps on good sound
engineering judgment this is right but unfortunately everyone that
lives on Durness isn't an engineer, they are citizens that are con-
cerned with traffic conditions and it is hard to understand on the
part of many people, even engineers, that raising the speed limit
would solve the traffic problem. I don't know what the answer is
but before we hastily approve this recommendation we might want to
add some more input.
Councilman Browne: Mr. Mayor., may Iadd to the statements made
by Councilman Shearer? The petition
referred to was called to my attention
sometime previous to the submission of the petition. For a period
of years they have had problems of cars racing up and down Durness,
especially after school lets out, and repeatedly the Traffic
Committee has invalidated any recommendations on their part. There
have been accidents at that corner; in fact one car ended up in
someone's yard. All these people were asking for is a three-way
stop signal at that intersection. I can see with the length of the
• street laid out here in the map supplied us with the report that
these conditions could prevail. I am not an engineer and I do not
profess to be a traffic authority, however, I think when residents
in our community request a safety control in their neighborhood to
protect their children and the grown ups as well that we the Council
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CITY COUNCIL
CONSENT CALENDAR: TTEM 8-a-8
Page Seven
1.1/24/75
are charged with the responsibility or the safety and welfare of these
people. I don't agree with the differential. of the recommendation
here on the speed limit. I feel if it entails putting in <1 three --way
stop sign there let's acquiesce to those people and give them the
rights they think they deserve. 1-think this would control the speed
that could be generated in that distance of about three blocks and it
would break the habits. There is a school crossing there and they have
had problems with that crossing. Prior to my being on the. Council I
think their request was for a crossing guard there and that was
turned down. I think these people in this instance are certainly en-
titled to their request.
Motion by Councilman Tice to refer this item back to the Traffic
Committee for further study taking into consideration the
recommendations of both Councilman Shearer and Councilman Browne;
seconded by Councilman Browne and carried.
ITEM 2-b (Proposed car wash at Glendora and
PRECISE PLAN NO. 661 Merced Avenues)
Rev. I
Motion by Councilman Shearer to call up Precise Plan No. 661, Rev. I,
and seconded by Councilman Browne. Motion carried..
Motion by Councilman Shearer that the remainder of the Traffic
Committee report be received and filed; seconded by Councilman
Miller and carried.
HEARINGS
ZONE CHANGE NO. 494
Locations:. California Mini-Parkette,
CITY INITIATED
851 S. California Avenue;
Cameron Park, 1305 E. Cameron Avenue;
Del Norte - 1500 W. Rowland Avenue;
Friendship Park, 3740 S. Sentoos Avenue;
Orangewood Park, 1615 W. Merced Avenue;
Palm View Park, 1340 E. Puente Avenue;
Walmerado Park, 624 E. Merced Avenue;
Cortez Park, 2441 E. Cortez Avenue;
Galster Park & Baseball Park, 1620 E.
Aroma Drive
REQUEST: Proposed change
of zone from P-B (Public Building) to
0-S (Open Space), on certain
parcels of land in said City and
certification that the
Categorical Exemption is consistent with
the State of California
Environmental Quality Act. Recommended
by Planning Commission
Resolution No. 2616. (Proof of Publication
in the West Covina Tribune
on November 13, 1975 received and
verified by City Clerk.
Requirement for Mailed Notices Waived by
City Council.)
(Mr. Wakefield upon Council inquiry verified that the presenting
of the staff report verbally was not needed as this was all city
property and it was a city initiated request.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY FOR
OR AGAINST ZONE CHANGE NO. 494. THERE BEING NO PUBLIC TESTIMONY
PUBLIC HEARING CLOSED.
Motion by Councilman Shearer to approve Zone Change No. 494;
seconded by Councilman Miller and carried.
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CITY COUNCIL
HEARINGS - Cont'd.
Page Eight
11/2q/75
AMENDMENT NO. 131 Proposed ,amendment t-n Part lCit Section
CITY INITIATED 92.16, Unclassified Uses, of the West
Covina MUnic.i.pal. Codr_, and certification
that the Categorical Exemption is con-
sistent with the Statc; of California Environmental. GJual.ity Act.
Recommended by Planning Commission Resolution No. 2617. (City
Clerk verified receipt of Proof of Publication in the West Covina
Tribune on November lJ, 1975. No mailed notices required)
Mr. Wakefield: Mr. Mayor and Council, this again is
simply an updating of the Unclassified
Use provisions of our Zoning Ordinance.
Over the years the basic provisions of those sections of the code
which relate to unclassified uses have not kept pace with the
changes in our basic ordinances. For example, as we have added
new zones the table that relates to unclassified uses has not been
updated until this time. This is routine in nature and brings .into
conformance the existing provisions of our -code with ot.her changes
adopted.over the last few years.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO.
1319 CITY INITIATED. THERE BEING NO PUBLIC TESTIMONY FOR OR
AGAINST PUBLIC HEARING CLOSED.
Motion by Councilman Tice to approve Amendment No. 1.31; seconded
by Councilman g'rowne.l>
Councilman Miller: Mr. Mayor, for some points of clari(ica-
tion. With regard to auditoriums, we
just passed the open space element and
right at this point it is prohibited but in interpretating this
if the City desires to build an auditorium on a park site this
doesn't legally bind the City in this respect to.open space?
Mr. Wakefield: Mr. Mayor and Council members, techni-
cally the provisions of the City's
zoning ordinance do not apply to the
City in its use of those properties. However, I think it would be
appropriate to change those provisions of the Unclassified Use
section now if it is the desire of the City to consider the
possibility that at some time an auditorium might be built on a
piece of park property. It would be a simple matt:er.to include
in the Unclassified Use Permit a reference to the Open Space
zone. The reason it is not so included, I am sure, is because
structural items are presently excluded from the Open Space zone.
It would be my recommendation that we simply add the Unclassified
Use Permit procedure to the Open Space Zone and the .items that are
before you tonight so we can by initiating the Unclassified Use
procedure use the park properties for an auditorium.
Councilman Shearer: Mr. Wakefield, does that have to be
written in? Can't we utilize the
UUP as a matter of right on any zone?
We don't have to make special provisions for that, do we?
Mr. Wakefield: That is true. The problem with the Open
• Space Zone is that under that zone wc,,
do not permit structures to be built so
in order to accommodate that situation if we are going to put park
properties in the Open Space Zone then we need to have some
specific procedure through the Unclassified Use Permit, for Example
fig=
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CITY COUNCIL Page Nine
HEARINGS: Amend. No. 131 11./24/75
to permit the construction of auditoriums or recreation buildings or
whatever else may be appropriate in a city E_rar4:•
Councilman Shearer: And we can't do th.rt under the existing
UUP procedure?
Mr. Wakefield: The point Mr. Miller raised is that
auditoriums are one of the uses that are
expressly prohibited from the UUP procedure
under this proposal. So we end up with a situation in which specifi-
cally with reference to an auditorium we said you can't get a UUP
in an Open Space Zone.
Councilman Tice:can,r�odif .� motion .to " ludo what
• ounce man 1., Er has brolag up,
seconded by ;Co.unc .mpn, Browne.,.
Councilman Miller: Mr. Mayor, I: have two mor;- items. Under
the gun shooting -range outdoors a UUP is
permiss:Lble in R-1. Is that really
the right place for a gun shooting range outdoors in a R-l?
Mr. Diaz: Mr. Mayor and Council members, basically
Acting Planning Dir., what you have before you this evening is an
attempt to clarify the current UUP portion
of the City of West Covina Zoning
Ordinance. At the present time that section does not have within it
the regional commercial zone, the neighborhood commercial zone, the
community commercial zone or service commercial zone, as well as any
of the multi -family zones, the Planned Administrative Research Zone
and the Open Space Zone. What we were attempting to do here was
not go through it this time that is the items which are currently
permitted under the UUP.procedure in the, old existing zones and
that would be the.R-1, R-2, R-39 C-29 C-3 and I-P zones. What we
were trying to do is bring the new zones up to snuff. Generally
after the General Plan is amended we would then go through the
zoning ordinance, reorganize it, restructure it and cut it down to
approximately half its size or more and at that time go through the
UUP items that you have. There are some items, for example, the
heliport - when the UUP section which we now have had in there a
heliport would be allowed in certain zones with a UUP there was at
that time a feasibility that we might some day have a heliport and
today that is not necessarily so. As Councilman Miller brought out
the outdoor shooting range permitted in a R-1 zone with a UUP -
at the time the UUP section was set there was large vacant areas
of R-1 where a shooting range could possibly have gone in specifi-
cally conditioned with a UUP but today we may not want it at all.
As long as we have the UUP provision there is really no danger that
this type of use will come into the R-1 zone because the first
thing that must be shown is that it.is compatible with the surround-
ing properties.
clarify what uses are
(Explained what staff
guidelines)
Councilman Miller:
Mr. Diaz:
So what we are trying to do here is
permitted in the newer zones with a UUP.
now has to do because of having no clear cut
could. But if operated by
Thank you. That explains it. One more
question. Open air theaters - could
this possibly relate to a band shell?
The City Attorney may correct me if I am
wrong, but if it was a band shell operated
by a non -governmental agency, yes, it
the City it would not since the City is
CITY C OUNCIL
HEARINGS: Amend. No. 1.31
Page Ten
1-1/24/75
not required to adhere to its own zoning ordinance. A band shall
could go into a park as long as it is a public use and going on
public property it would not have to meet the requirements of the
zoning ordinance.
Councilman Hiller: Shouldn't we leave an option just in case
. a non-profit organization might bring this
forward to us?
Hr. Diaz: I think there are ways that it could be
done without having to change this.
Councilman Hiller: Fine. As lone as there is a way.
Councilman Shearer: Obviously I didn't look into this in the .
depth Councilman Miller did, I am glad he
did. We just recently went through some
of the agonizing discussions on the Open Space - that is when we re-
zoned certain properties in the City not. owned by the City. You
said the provisions of the Open Space zone as it now stands would. allow
a community building to be built in a park without violating our own
ordinance?
Hr. Diaz: That is correct.
Councilman Shearer: So to accomplish that we do not need, as
we have introduced a motion here this
evening, to specifically spell out under
Auditoriums on the first page of the chart that auditoriums rather
than being prohibited can be built with a UUP - that is not
necessary - is that what you are saying?
Hr. Diaz: That is right. If it is a public
auditorium run by a governmental agency
or the City the open space zone will
allow that - as long as it is operated by the City or a
governmental.agency. If we had a private individual coming in
on an open space parcel wanting to have an auditorium then, yes,
he would be prohibited but cities and governmental agencies are
not regulated by their zoning ordinances, usually they follow
their ordinances.
Councilman Shearer:
Hr. Wakefield:
Do you agree with that,Hr. Wakefield?
That is not my recollection of what the
Open Space zone says - I don't have it
before me.
Councilman Shearer: We had a purpose in rezoning certain
properties here a couple of meetings
ago, now if we go in and write in that
property rezoning to open space in its open space state it; may be
sold into private hands and can get a UUP to build an auditorium.
I don't know what the legal definition of an auditorium is but
aren't we somewhat eroding the intent of the four Council members
who voted to rezone that property - are we somewhat eroding our
intent to make sure that didn't happen. If we can protect
ourself on our own park land it seems to me this might be a bad
thing to write into.the UUP ordinance.
Hr. Diaz: Right. If we were to permit auditoriums
in the Open Space zone with a UUP,I
would agree with you. Yes, it would
,be eroding the purpose of the ordinance.
10
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CITY COUNCIL
HEARINGS: Amend. No. 131
Councilman Shearer:
Mr. Diaz:
If it is open space and
space zone.
I would
Planning
that we
don't do
Page Eleven
11/24/75
like to see _agreement between the
Director and the City Attorney
can build an auditorium if we
this?
I believe we can build an auditorium on
city owned property irregardless of what
the zone is., Am I correct or incorrect?
if it is park property it is in an open
Mr. Wakefield: I agree with Mr. Diaz that the City is
really not bound by its own ordinances,
on the other hand ,just as a practical
matter if there is not some procedure by which people that live
in the neighborhood of a park can be heard before there are
changes in the nature and use oflpark land you encounter problems
which really are to a large degree unnecessary. It is no more
difficult for the City as a City�to get a UUP to use park proper-
ty for a particular public purpose than it is for any private
individual to get a UUP to use his own property. My concept is
that the fewer exceptions or deviations we make to our own
ordinance procedure the better off we are as a whole. I guess it
gets back to the old principle -lif you expect other people to.
comply with the ordinance it is hard to say that the City itself
does not have to comply. l
Mr. Diaz: Perhaps then I am being more devious.
If Council wishes we can change that
P under auditoriums in Open Space to U.
My own feeling is that community Icenters and neighborhood centers
are partof parks when cities can afford to build them and would
come under the Building Department standards of the Open Space
zone which permit us to use 25% of the area exclusive of alleys,
streets, sidewalks, etc., but for clarity if we wish to amend
that then do so by all means.
Councilman Tice: We already have a modified motion to
amend it.
Councilman Browne: Mr. Mayor. The staff and the Planning
Commission have been aware for at
least two or three years of all the
inadequacies and inefficiencieslin this chart that we have
before us tonight. As Mr. Diaz lhas indicated he is merely trying
to bring up the most recently restudied zones in the City for
their UUP allowances. It was the intention of the Planning
Commission some three years agoito go through and completely
update this because many of these things were drawn back in
1954 and some previous to that on up to 1964. Certainly there
are other things in here that would be contrary to the entitle-
ment of a UUP in the various zones here. I would like to bring
this point out that if the staff is cognizant at this time of it
as we were three years ago under a different staff set up that
I would,after we finish the compiletion of this motion that we
are working on, recommend that i!t go back to staff and they take
this under submission and run itl through the Planning Commission
again with study sessions and completely update it to avoid any
more contradictions such as outlined here.
Motions carried.
Motion by Councilman Browne that,, the planning staff and
Planning Commission review the total capacity of the existing
l
I
i
CITY COUNCIL Page Twelve
HEARINGS: Amend. No. 131 11/2.4/75
Unclassified Use permits in the previous zones in the City for a
r complete updating to bring into 'conformity with thr� way of life
of today; seconded by Councilman Tice and carried.
COMMUNITY DEVELOPMENT Second Year Draft Application for Federal
ACT OF 1974 (TI1LE I) Funds under the Housing and Community
BLOCK GRANTS Development Act of 11)74 (Title I)
Mr. Salazar Mr. Mayor. and Council members, before
Y". Redevelopment you tonight we have a preliminary
Coordinator proposal for our second year community`
development grant.. This proposal has
been endorsed by the Citizen Advisory Committee at their November
llth meeting. It is in all cases a very first look at our Second
Year Community Program and the allocation of the federal funds
we will be receiving. Prior to!getting into the slides that I will
be using to present the programiI would like to give you a little
background of what we think is important in this Second Year Pro-
gram.
One oflthe points we got caught in in our
First Year's application was the lack of flexibility. We went in
pm a project by project basis the first year and in the event pro-
jects were not feasible we were limited as to what we could do
with the funds. The only alternative was to give up the project and
carry the monies over to the second year and reprogram the monies.
This time around we are going on a program by program approach.
Programs that provide for a number of projects,to be undertaken
under them. This will allow us to,be a little more flexible in
the type of projects our application will contain and hopefully
be approved by HUD.
The next item we felt important was. the
need to start leveraging some of these monies. Our second year
• grant is substantially higher and we feel it is time to start
leveraging some of the money by providing low interest loans, so
we indeed start revolving the community development funds for
future expenditures maybe when the community development program
is no longer with us.
The final point I would like to make is
the first year grant and the second year grant contain a housing
assistance plan which is a requirement. During the first year
one.of the items of that plan was an agreement with the housing
authority to implement their rent subsidy program :in West Covina.
This has just recently been executed. However, because it is
tied to our first year funding level it is in effect to June'
when our second year will start. At that time we have to address
ourselves again to this housing assistance program;whether we
want'to continue at this same level that the contract calls for
is something we will be discussing but not tonight. We still
have some information from the housing authority that I think we
have to consider prior to.making that determination. In other
words if during the first year the contract with the housing
authority is not executed, which means that they have not
implemented what we intended to be implemented the first year
then we can't really call for any additional units during the
second year. We will get into this at a later public hearing.
At this time I will show the slides and present the program.
• (In summary Mr. Salazar stated:
Second Year Objectives - Establishment of a comprehensive home
improvement incentive program in target neighborhoods combining
low interest loAns, improvement rebates and public way improve-
ments. Second Year target area will be north of the freeway
in total down to the westerly/southern. boundary of the city,
12 -
CITY COUNCIL Page Thirteen
HEARINGS: Community Dev. Act Grant 11/24/75
encompassing the area of the Cameron Youth -Center and continuing
with the Cortez Recreation area, and including the Valley-Nogalez
area. A new section of this objective wi..11. b(.Citywide rebate
program for homeowners 60 years or over. 2) Establishment of a
commercial improvement incentive program in the Vincent/Glendora
area combining low interest refacing loans and public way im-
provements. This is a new program. 3)•Establi.shmont of an
• architectural barriers removal program citywide combining restroom
improvements, curb cuts - ramps, sidewalks and fixture adjustments
for the handicapped. This item came out of the workshop held for.
the handicapped. 4) Put in security lighting at Palm View Park,
construct the Palm.View Community Center, construct cabinets at
Cortez School for after school programs. 5) "Economic Resources"
assessment - undertake an economic assessment of policies and
goals in the General Plan and identify available grants to imple-
ment. In the first year we said we identified certain needs, we
have possibly adopted certain policies, in the second year we
will look around to see where money might be available to
implement some of the projects that might have come out of the
development and formation of the Human Resources element. 6)
Continue the citizen information and participation program of
activities that are required with the grant, such as the contir,ia
tion of workshops, neighborhood meetings, flyers, posters, ads.
Second Year Grant Application: 5456,000.
1) Palm View Community Center - construction, furnishings -
$200,000. fir. Salazar stated that this is one item the Citizen
Advisory Committee was very concerned about. They felt the amount.
of money allocated to the construction of the community center was
high and they Were very concerned whether we were actually provid-
ing a target for an architect to design too. In other words the
dangling of a figure of $2000000 - were 'we really creating a
building of extra architectural features or whatever.)
• Mr. Salazar: I did some checking with the City of
Los Angeles and the County of Los Angeles,
who recently sent out to bid developments
of this type and the going rate is about $45 to t50 per square foot
and we are talking about a building of 4000 square feet.
(Councilman Tice stated we do want a building that will hold
people, three or four hundred, it should be of adequate capacity
or don't build it at all. Mr. Salazar pointed out it is a dual
problem - we also want a facility in a residential neighborhood
that is not going to overwhelm that neighborhood - these are the
considerations we are going to have to deal with. Councilman Tice
again expressed his concern to make sure it holds enough people.)
2) Home Improvement Incentive Program
$30,000 plus carryover.of $209000 - total $50,000; 3) Commercial
Improvement Incentive Program, which is the providing of funds
for low interest loans refacing of Glendora Area and other such
programs - $100,000; 4j Architectural Barriers Removal Program -
$20,000; 5) Rec/Parks Improvement Program, security lighting at
Palm View and Cortez School Caibnets - $35,000. Estimates
received on security lighting running about $30,000. 6) Economic
Resources Assessment - $159000; 7) Administration of overall pro-
gram, clerical and supplies - $11,000; 8) Contingencies - %45,000.
This is 10% of the total grant application which is allowed by
HUD and these funds this time will be used for any overrides that
occur in any of the above projects. Also in Planning/Management
under the first year grant there is a carryover of $10,000 that
had been set up for a Data Bank and at this point that program has
not been implemented. Total amount of funds for the Second Year
Program appears to be $486,000 with the second year application is
approved by HUD in the amount of $456,000.)
- 13 -
CITY COUNCIL Page Fourteen
HEARINGS: Com.Dev. Act Grant 1.1/24/75
Mr. Salazar: This is one of actually three public
hearings because at this time the
intent is to try and provide the
citizens with an opportunity to bring the.i.r. conr;erns and
recommendations to the City Council. The hearing should be
continued to December.8 allowing that date for further input .
• with an adoption date of December 22nd, at which time the
Environmental Impact Report will be available and the applica-
tion for the grant adopted at that tirne.
THIS IS THE TIME AND PLACE FOR THE HEARING OF PUBLIC TESTIMONY
RE COMMUNITY DEVELOPMENT ACT OF 1974 (TITLE 1) BLOCK GRANTS.
Joanne Fisher I would most definitely like to speak
Executive Director in favor of the proposal presented by
YWCA - West Covina Mr. Salazar. I think in the short time
I have been with the YWCA as Executive
Director we have enjoyed very favorable
relationship with the City of West Covina, particularly in the
areas that I would Like to address tonight. We have worked with
the City. of West Covina in a workshop focused on Senior Citizen
needs. You saw the slides on the Handicapped Workshop, un-
fortunately there were not slides on the Senior Citizen Workshop
but it was well attended and some very important information
came out of that workshop. Councilman Tice was there, I
recognize him. We think this is a very important function for
the City to participate in these workshops and public informa-
tion meetings with an organization.such as the YWCA.
We would also like to recommend the
construction of the Palm View.Community Center. As Councilman
• Tice pointed out the City does need larger community facilities.
The YWCA program is in part a recreational program and their
facility is not adequate for the programs we are beginning to
develop. We would certainly like to see and cooperate with the
City of West Covina in the construction of the Palm View
Community Center. We know that our participants would use it,
and we are hard pressed to find the kind of community facilities
that we need for the enlarged program that we are beginning to
see happen in our agency.
As far as the Human Resources component
of your General Plan is concerned, again, I think our Associa-
tion is very interested in cooperating.in developing the needs
assessments that you are involved in in that General Plan and
you will find that not only our Association but other agencies
like ours Will be very.happy to work with you in any needs
assessments on Human Resources that you want to deal with.
We are very much in favor of this proposal.
(Councilman Tice asked if the Informational Referral Service
for Senior Citizens was kicked off yet and Ms. Fisher advised
it was and that this came out of the Senior Citizen workshop
and is a tri-sponsored service for Senior Citizens in West
Covina; the cooperation of this program involves the county
library, the City of West Covina and the YWCA and each one
carries a function.)
• Milford Walker
1201 W. Durness
West Covina
I don't hear enough discussion here
from anybody pertaining to taxes - what
this might represent in total cost of
taxes to the property owner for this
- 14
CITY COUNCIL Page Fifteen
HEARINGS: Com. Dev. Act Grant 11/24/75
development. I don't think there i.s enough discussion on it. As
to Mr. Salazar's point about the home improvement - I think the
Council needs to address itself to the fact that it needs to
discuss the taxes and not look for a gimmick method to derive
some improvement in our homes. All we need is a reduction in
property tax to perhaps get that result. If it need.be we
shouldn't rely too much on an outside project to do something
that we can do internally. Thank you..
(There being no further public testimony at this portion of the
hearing Mr. Wakefield advised it would be in order to continue
the public hearing to December B, 1.975.)
Motion by Councilman Tice to continue this public hearing to
8 P.M. on December B. 1975; seconded by Councilman Browne.
Councilman Shearer: Mr. Mayor, the last gentleman that
spoke I wonder if a brief comment would
be in order. I detect a possible mis-
understanding of this program, maybe not. Perhaps suffice to
say that the funds earmarked for this project are tax funds,
certainly, everything the City spends is a tax dollar, but it is.
completely separate and has no bearing whatsoever on the property
tax. This money is raised by the federal Government through
other sources other than property tax and is returned to the City
exclusively for the use of certain programs such as outlined by
Mr..Salazar. In no way could it be used by the City, although I
am not disagreeing with you and I think your idea is worthy of
consideration, but we could not use the $456,000 to reduce property
taxes, if we did that the Federal Government would disapprove our
program and -the funds would go to some other City. It is not
tied in with property taxes.
• Motion carried.
IMPLEMENTATION OF THE CALIFORNIA VEHICLE CODE RELATING TO
TRAFFIC REGULATION AND CONTROL ON CERTAIN OFF-STREET PARKING
FACILITIES GENERALLY HELD OPEN FOR PUBLIC USE.
Location: West Covina Fashion Plaza.
Request of Sylvan S. Shulman'Company/West Covina Fashion Plaza
Mr. Wakefield: Mr. Mayor and members of Council, the
applicable provisions of the vehicle
code provide that under certain cir-
cumstances the City may make those provisions of the vehicle
code which relate to public traffic regulations and controls
applicable to off-street parking facilities which are generally
held open for public use. Mr. Shulman has requested that these
provisions of the vehicle code be made applicable to the
West Covina Fashion Plaza.
Mayor Chappell: One comment. Basically we are talking
about the issuing of citations such as
excessive speeding, etc., and we have
done this in other areas such as Eastland. The owner of this
Fashion Plaza Center has asked us to do the same thing here.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING. THERE BEING
NO PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
(Councilman Tice said he assumed the City liability is no more
or less than we already have at the Eastland where we have this
same type of arrangement and Mr. Wakefield stated that is correct.)
- 15 -
CITY COUNCIL
HEARING: W.C. Fashion Plaza Vehicle Page Sixteen
Code Implementation 11/24/75
RESOLUTION NO. 5143 The City Attorney presented:
ADOPTED A RESOLUTION Of- THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
FINDING AND DFCLA[�INC, THAT THERE ARC=
CERTAIN OFF-STREET PARKING FACILITIES
WITHIN THF- CITY ;,;I-IICII ARE GENERALLY
HELD OPEN FOR PUBLIC USE AND AS TO 61HIChi
THOSE PROVISIONS,OF THE V`HICLE CODE
RELATING TO PUBLIC TRAFFIC REGULATION AND
CONTROL SHALL APPLY.
Motion by Councilman Tice to waive full reading of said resolution;
seconded by Councilman Browne and carried.
Lotion by Councilman Tice to adopt said resolution; seconded by
Councilman Browne and carried on roll call vote as.follows
AYES: Shearer, Diller, Browne, Tice; Chappell
NOES: None
ABSENT:.None
THE MAYOR CALLED A RECESS AT 9:05 P.M. COUNCIL RECONVENED AT
9:19 P.M.
ORAL COMMUNICATIONS
Steve Solomon The firemen in this community on their
Attorney off hours circulated an initiative
W.C. Firefighters Assoc. petition and obtained 39094 signatures.
Teamsters Local 911 That petition, which I think is before
the Council, requests the Council to do
one or two possibilities. One to adopt an ordinance immediately,
or two, the alternative, submit it to the voters of this
• community to decide whether or not there should be certain
retirement amendments made applicable to the firemen of this
community. The City Clerk has asked for an opinion whether or
not this should be put before this council or the voters to
adopt.
The City Attorney in our opinion has
come up with a lot of nitpicking technicalities. When 3000+
voters of this community.sign a petition asking the Council to
either adopt an ordinance or put it before the voters it seems
to me for the City Attorney to stand back on some hypothetical
legal position is not in the best interests of the community or
the best interests.of the City Government. You have really
basically a question of whether or not the voters h;_-ive a right
to vote on some retirement amendments or whether the Council
wants to adopt the ordinance. There is no liability on the
part of the Council for adopting the ordinance or putting it
before the voters. The ordinance itself is specific. The
petition says basically amend the retirement sy:_;tom
and three other benefits: the military service, the widow's
continuance and the highest year. It sets forth the code
sections. There is no ambiguity, there is no fraud, there is no
deception. It is in the words of the government code - specific
and clear.
1 ask you why the City Attorney is
afraid to have the voters of this community decide .on an issue
that is as important to the firemen of this community as to the
voters of this community? We ask you as the governing body of
this Council to put this issue before the voters and let them
make a decision.
- 16 -
CITY COUNCIL Page, Seventeen
ORAL. COMMUNICATIONS - 1.1/24/75
I1r.. Ida k.ef.ie.l.d says it d0es,n.'t say
"ordinance" it says "petition" on it,, .and th-_it is nitpicking.
He says it didn"t hakir_-� it exact in thii decl, ar;ati.on, that :is
not correct. It says under penalty of perjury a resident and
citizen of this community went around when this initiative was
signed.
• There is no doubt that the firemen of
your city today are not only guarding your city but based on the
news that we hear, manning most of the county fire stations
so the county firemen can be up here fighting very serious
fires endangering many other residents of your county. This
initiative was circulated by the firemen of your community,
signed by residents of your community and it has over 3000
signatures and we ask on behalf of the firemen that it be put
to the voters. If there are any questions I would be glad to
ar, ,wer.
Mayor Chappell: Thank you. We will now let Mr. Wakefield
defend himself on your rhetoric.
Mr. Wakefield: Mr. Mayor, members of Council and
Mr. Solomon - simply in order to avoid
any misunderstanding with reference to
this matter, the petition to which Mr. Solomon .refers was present-
ed to the City Clerk for filing. The election code provisions
require that the City. Clerk make a preliminary, determination as
to the adequacy of the petition and the signatures on it and if she
determines the signatures are not adequate or the petition is not
in adequate form she has the obligation'to return it to the pro-
ponents. That was done. The City Clerk does not have the petition
and it would not come to City Council for any action until it has
been refiled and the Clerk has checked the signatures on the
petition and found a sufficient number of valid signatures to
quality it for the City Council.
Mr. Solomon, I think, misinterprets the
provisions of the petition so called and the provisions of the
Elections' Code with reference to it. We all work for the same
people. We work for the residents and taxpayers of the City.
There is a right way to proceed with the initiative petition and
a wrong way to proceed. When the Notice of Intention was
originally published last September I sciggested to Mrs. Preston
that she obtain�a copy of the petition so we might have some
preview of it - we were told that copies of the petition were not
available. As a matter of fact the first time either Mrs. Preston
or I saw a copy of.the petition was approximately a week before
the petition was filed. If we had an opportunity to preview the
petition I am sure we could have avoided the problems which now
confront the firefighters.
The problems are more than technical
and when we returned the petition to them we did it for the
purpose of providing an opportunity to correct the errors, if
they could be corrected and refile the petition. I suppose we
could have accepted the petition, checked the signatures and
reject the signatures not valid and foreclose the firemen in that
fashion from qualifying the petition. One of the essential
defects in the affidavit attached to the petition, Mr. Solomon
glossed over very quickly, and I am sure neither he nor I would
feel that the so called affirmation attached to the petitions
and signed by persons not identified either as a circulator or
as a resident of the City of West Covina, would meet the require-
ments of the statute.
- 17 -
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CITY COUNCIL Page Eighteen
ORAL COMMUNICATIONS 11/24/75
The matte r is not one that ponds before
City Council. Insofar as the petition is concerned it won't
come to City Council unless it is .r.ef.ilcd, --in(.] the City Clerk
after checking the signatures certifies the poti.t:i.on as having
been qualified.' That is the situation as I understand it and if
there is any doubt about where the matter stands I will be glad
to try and answer the questions.
Mr. Solomon: Mr. Mayor, what the firemen are asking,
we have the petition, ate have the
declarations but somebody simply left
out — instead of putting "declare" they put"affirming"; it has
been retyped and that now says "declaring" on it. Another defect
Mr. Wakefield said was that the sections were not numbered. They
are lettered. We would ask the Council to direct the City Clerk
to count the signatures and certify the number of signatures
back to City Council and see if the declaration is proper, and at
the next Council meeting the Council decide whether it wants to
adopt it or put it to the voters. We have the declarations. We
have over 3,094 signatures. The Clerk has refused to count them.
We Would like them counted and put before Council and let them
make the decision. We don't want to stand behind any technicalities.
The firemen of the community have lived up to the law, they want
to petition this government for redress of what they think is a
grievance, they stood in markets and at corners and obtained the
signatures, they Would like the Clerk.to do her duty and certify
the signatures so we can get some action on it. We appreciate
Mr. Wakefield's candor in giving it back to us but we want them
counted and we want it to go to Council. We don't want this
throwing back and forth. We are willing to stand on the initiative
petition as it is, we have lived up to the law and we would like
the Council to have it before them,.bu.t we can't get it to the
Council until Madam City Clerk counts the votes. They are all
registered voters. It,is really that simple.
Mr. Wakefield (fir. Mayor, I have only this suggestion to
make. If the petition is returned to the
City Clerk, and the affidavit or petition
or whatever it is, be adequate this time and it appear on its
face that the individual who subscribes to the declaration was the
individual who circulated the petition and vouches for the
authenticity of,the signatures on it - it is,a relatively simple
matter to undertake. On the other hand I am sure Mr. Solomon
will recall that several years ago there was.a great hue and cry
by the firemen of this City in regard to part of our regulations
which required that the firemen live within the City and that
regulation was subsequently modified. to there is no asG,irance
on anyone's part, I don't think, that.simply because a man is a
fireman employed by the City of West Covina that he necessarily
lives in the City.
Mr. Solomon: Let me read the declaration. (Read)
We would like to submit it back to the
City Clerk and have Council direct that
she count and certify the voters and get it back to the Council
and they give us a date certain so we know whether we are going
to be on the ballot or not. That is really our request. We
don't want to play football.
Mayor Chappell: It may sound simple to you but this
City Council has a City Attorney who
we look to for answers and decisions.
Now if the City Attorney says "fine" then that is the way it goes
and we go that way. You.have your staff in your organization
CITY COUNCIL Page Nineteen
ORAL COMMUNICATIONS 11/2.4/75
and they adhere to what you say. So if the City Attorney feels it
is adequate this time: it Will go throu�_.jh the normal process, but
this city Council, I am sure, is.not: going to override the City
Attorney if he makes a decision at this time or any other Limo,
because he is our legal advisor. Mr. Wakefield - where do we
stand?
• Mr. Wakefield: Mr. Mayor, if the firemen have the
petition ready to resubmit we will take
a second look at it, but I can't
guarantee to Mr. Solomon this evening without seeing what he has
that it will be acceptable.
Mr. Solomon: Can we have a return date so we know where
we are at. The election is coming up.
(Councilman Tice asked what the deadline date is for the petition
getting in before the election? Mr. Wakefield advised 54 days
before the date of the election is the last day that it can be
ordered - about the middle of January.)
Mayor Chappell: It is not the Counci.l's desire to say
that this does or does not get on the
ballot. You are indicating in some parts
of your talk that it perhaps was and I object to that phrase - we
have a City Attorney and if it is in correct form he will say "aye"
or "'nay" and give you time to correct it, that is the only thing
we are saying. We are not disputing the fact that you have 3000+
signatures. So if you haven't submitted it to the City Attorney
lets get on with it.
(Councilman Tice asked if some/of the recommendations made by the
City Attorney have been made./and Mr. Solomon said the declaration
was made but there is no way of changing the petition from letters
• to numbers because you would be changing all the voters that
signed (explained further). Asked - can we have this returnable
for the next Council meeting?)
Mr. Wakefield: Mr. Mayor, the proper procedure to follow
is refile, the petition with the City
Clark and we will take a look at it. I
think the petition was filed on a Thursday or Friday previously
and by the middle of the following week we had given the firemen
our answer. We don't need to wait for the next Council meeting
for that to occur. If the petition is in the form in which the
City Clerk can count the signatures we will go ahead.
Mr. Solomon: Mr. Mayor, I want to make it perfectly
clear that the comment I made was
nothing to be directed to Council but
it was purely in terms of technicalities and trying to get this
thing moving because a lot of time and,effort has been spent on
it. We appreciate your giving me more than three minutes tonight.
Councilman Shearer: Mr. Mayor, a comment was made about
nitpicking and technicalities, and even
if there is a"technicality" that
perhaps would invalidate the petition,.and,I am not an attorney
and I don't want to listen really to two attorneys arguing and
discussing that particular point, I think it has been demonstrated
• that a number of people in the community, allegedly 3000+, have
said put it on the ballot. There is another way in which this
can get on the ballot and that is through the inttiative of the
City Council. I would like the City Attorney along with review-
ing whatever it is the firefighters turn in, to draft for us (and
I will soon make such a motion), alternate ballot propositionsb
- 19 -
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CITY COUNCIL Page Twenty
ORAL COMMUNICATIONS 1.1/24/75
Mr. Wakefield and I have discussed this ,and there are a number of
ways it can be worded assuming there :is still_ some technicality
we can't overcame, for further council, c.onsiderat:ion which would
place on the ballot for the voters at the next olection the intent
for the benefits contained in this petition not only for the fire
fighters of the City but for all employees of the City. Because I.
don't think there is any question that if one group gets a
particular benefit that the other groups will also want it. Am I
not correct, Mr. Wakefield, that under the provisions of Senate
Bill 90 if the Council (which we could) give this benefit on our
own we would be limited by the provisions of S090 - base year, etc.
etc. But if this benefit is voted on and enacted on by the people
if they voted then the provisions of SB90 do not apply and the
necessary funds through a tax increase can be made available - that
is correct, Mr. Wakefield? (Answered: Yes, to finance the
additional cost.)
So I thank in order to give a complete
picture to the voters that not only the benefits to the fire-
fighters but also the cost to the City be explained to them, and
as far as I am concerned if the voters of this City are willing
to tax themselves for whatever purpose then so be it.
I would move that the City Attorney
prepare for Council discussion alternate ballot propositions
covering the one-half widow's continuance and whatever was
included in that petition, for all city employees, and submit
this along with a list of the pros and cons of each alternate.
Councilman Tice:
and now we are talking
Associations and we are
here, they are the only
standpoint is there any
Seconded by Councilman Browne.
A question. At the time.we went through
our budget sessions we agreed that we
couldn't go ahead and give this benefit
about putting it on the ballot for all
actually dealing with the Fire Association
group that requested it, from a legal
question about spreading it out?
Mr. Wakefield: If the petition by the fire fighters is
refiled and qualifies then a proposition
which embodies the substance of that
petition limited in scope to firemen would have to be submitted
to the voters. I think what Councilman Shearer is suggesting as
an alternate to that Council may wish to consider the other options
available to it including the option of putting a proposition on
the ballot as a Council initiative that would benefit the other
employees also.
Councilman Shearer:. Right. I Was not proposing that we in
anyway take the petition and change it.
We can't do that any more than
Mr. Solomon can change the numbers to letters. That is if there
is some technicality that would preclude the Council from accept-
ing that, that we could at least have for our discussion, a ballot
proposition - - we can initiate and put on the ballot any proposi-
tion it doesn't have to come through the initiative process. The
advantage of putting it on the ballot rather than the Council
doing it, which we already decided we wouldn't do.because we
couldn't afford it, is if the voters vote "yes" to give the
benefit they automatically vote "yes" to raise their taxes.
I don't want this Council to be accuse in public of trying to
use technicalities to avoid getting something to the voters.
I may campaign very vigorously in opposition to this - but that
again is part of our system.
- 20
CITY COUNCIL Page Twenty—one
ORAL COMMUNICATIONS 11/24/75
Mayor Chappell: I think wry should look at this whole
picture. This request was made by
the fire fighters and the City Council
in looking over the budget we didn't have the money for it and
at that time we had seen a bill doing through that would provide
for this but that bill is non—existent right at the moment. I
contend in this instance if this is a good item for one group
the other two groups, as they always have, will come in and
.request it. I am not opposed to this plan of giving benefits
to widows at all but we couldn't find the funds to pay for it.
I would say like Councilman Shearer make this provision for all
the employees at least have it studied anyway and then our
citizens can make the decision so next year or the year after
we wouldn't be faced with the same thing when perhaps our police
come in and say the firemen have this provision and we want it
and at that time we still couldn't pay for it we would be right
back where we are now. So I would also like to recommend to the
City Attorney that this be looked into as to providing it For all
of our employees.
Councilman Tice: Mr. Mayor, I would like to clarify one
point — the.widow's benefit. Having
worked on the revision of this retire—
ment plan in 1967 when I was on the Personnel Board, there is a
retirement plan for the widow now. The only problem is like most
commercial retirement plans you take a little less annuity in
order to provide an annuity for your wife on your death. And
this is similar to many private retirement plans.
Mayor Chappell: That is absolutely right — it is a
decision made by the individual employee.
Motion carried.
• Councilman Shearer: One further comment. It is my
recommendation, because there is no
guarantee that the City Council will
necessarily follow up and on its own initiative place this on
the ballot, so I don't think the fi.re'fighters should interpret
this as now we don't have to go ahead — — this does not
guarantee that we will pick the ball up here and run all the
way with it. We may but that remains to be seen.
Paul Barrett
846 South Union Ave'.,
Los Angeles
Teamsters Union
Local 911
acknowledge here publicly
problem with the petition
I appreciate it.
Mayor Chappell:
I just want to address Council with a
closing statement. I want to
recognize to Council that you have been
responsive to this problem. I have been
before you several times, generally on a
not too favorable basis but I want to
that the Council has recognized our
and responded in a positive manner and
Thank you. The first kind words we have
heaidin a long time.
M. Walker The thing that I think needs discussion is
1201 W.. Durness this thing we saw about our crime. -rate.
I know I am going on a tangent of subjects
in this City but I am alarmed and I.think our citizenry and our
• Council need s to be alarmed also.. I think probably everybody
has the statistics but we may need to talk more freely about them
especially what is needed in improvements in certain areas that we
know:are causing us continuing problems.
21 —
CITY COUNCIL Page Twenty-two
ORAL COMMUNICATIONS 11/2_4/75
Mayor Chappell: Th;:ink you. I think thr:i t is a good
comment. As late as three O'clock
this afternoon the, Mayor rnet wi th the
Chief, Deputy Chief and other law enforcement people in our
community and that was one of the topics we discussed and it
will continue to be a,topic of great concern to the Council
and we hope to come up with answers that will make those
figures go down rather than up.
• GENERAL AGENDA ITEMS
AWARD OF BIDS
BID FOR PAINTING CITY Bids were received in the Office of the
HALL, POLICE FACILITY City Clerk up to 10:00 A.M., on
AND PARKING STRUCTURE Wednesday, November 1.9, 1975, and there-
after publicly opened and read. Council
reviewed Building and Safety Director's
report requesting Hold Over.
Motion by Councilman Shearer to hold over this item to
the December 8, 1975 Council meeting; seconded by Councilman
Browne and carried.
BID NO. 76-17 Bids were received in the Office of the
TIRES FOR POLICE Purchasing Agent up to 10:00 A.M., on
PATROL VEHICLES Wednesday, November 19, .1.975, and there-
after publicly opened and read.
Controller's report lists bids received as follows: All bids
include tire, mounting and balancing -
Firestone Tire & Rubber Co. $34.88 each
Covina, CA
Firestone Tire & Rubber.Co., $36.38 each
La Puente, CA
• Sears, Roebuck & Co.,. t48.65 each
Santa Ana, CA
Goodyear Tire & Rubber Co., S47.69 each
West Covina, CA
Motion by Councilman Shearer to award Bid #76-17 to .the Firestone
Tire and Rubber Company of Covina, California, and authorize the
issuance of a Purchase Order for approximately 250 tires at
$34.88 each including mounting and balancing for a total of
$9,243.20 annually, including tax; seconded by Councilman Browne
and carried on roll call vote as follows
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PUBLIC WORKS
PARCEL MAP NO. 2611 Location: East side of Grand Avenue,
LARWIN MULTIHOUSING north of San Bernardino Freeway.
CORPORATION Accept sidewalk, curb and gutter,
driveway approaches and trench for street
light improvements, and authorize re-
lease of American Casualty Company of Reading, Pennsylvania sub-
division improvement Bond No. 558-98-06 (13) in the amount of
$4,000. Staff recommends acceptance.
Motion by Councilman Tice to accept staff recommendation; seconded
by Councilman Browne and carried.
PROJECT NO. SP-74007 Location: Civic Center Area
CIVIC CENTER STREET Council reviewed Engineer's report.
LIGHTING
- 22 -
CITY COUNCIL_
Page Twenty—three
PUB. WKS: SP-74007
1.1/24/75
Motion by Councilman
Browne to approve plans and specifications
and authorize City Engineer
to call for bads - Project No.
SP-74007;,seconded by
Councilman Mi.11e.r and carried.
VACATION OF
Location: West Covina Parkway previous -
EASEMENTS AND RIGHTS-
ly vacated between San Bernardino Freeway
OF -WAY
and Toluca Avenue.
Council reviewed Engineer's report.
RESOLUTION NO. 5.144
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLAR-
iNG ITS INTENTION TO VACATE CERTAIN
EASEMENTS AND RIGHTS -OF -WAY LOCATED
WITHIN THE PREVIOUSLY VACATED WEST
COVINA PARKWAY (Setting date of
December 22, 1.975 for hearing).
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
PLANNING COMMISSION
TENTATIVE TRACT NO. Location: North of Virginia Avenue,
30233 - LEENDERT west of Holt Avenue.
SCHONEWILLE & ASSOC. Request: Applicant requests approval
for a 7 lot subdivision in the R-A
(Residential Agriculture) Zone.
• Recommended by Planning Commission
Resolution No. 2619.
Councilman Tice: Mr. Mayor, a question. 'Those lots are
a little smaller than the area requires
by a am upl.e of hundred square feet?
Mr. Diaz: Mr. Mayor and Council members - yes, the
lots are smaller by approximately 1200
square feet. The reason for that is
because of the additional private easement required in order t,o
create the residential scenic highway section that is Exhibit I
attached to the resolution adopted by the City Council in a
previous action. Exhibit II of the report from the City Engineer
indicates the reasons why the modification of the lot size should
be granted.
Councilman Tice: In other words, if he wasn't required to
give that easement for the parkway his
lot would meet the criteria for the
minimum amount of square footage? (Mr. Diaz answered: Yes)
Councilman Shearer: Mr. Mayor., I am a little confused on
some of the.dimensions. On the map
that I have it shows 160' which I assume
is to the 110' right-of-way line?
Mr. Diaz: The map you have is the Tentative Map
and it does not show the.easement. The
final map would be corrected to show.
- 23 -
CITY COUNCIL / Page Twenty-four
PLAN. COMM: TT #30233__ 11./24/75
that easement. The depth of the proposed lots would be 140'
depth and the width would be 89.5.
(Councilman Shearer asked if the developer would be required to
build this cross section and Mr. Diaz stated he would be required
to build the 30' public street, the curb, median and additional
curb up to the first 26' section; he would not be required to
build half of the cross section to the middle of thell0', and
• explained in further detail to clarify. Councilman Shearer
asked who will sweep the street, patch the holes, etc.?)
Mr. Thomas: It is the intent of this Department that
the entire service road be dedicated -
the applicant's indicated a desire to
have that dedicated, so it would be a city street.
Councilman Shearer: .I would think that ought to be a require-
ment that it be dedicated otherwise I
don't know what kind of problems we might
run into with trying to maintain the street. It would sort of
be like the people in Woodside Village - the City didn't tell.
them there was going.to be a school but they sure thought there
was. So if they buy this property and we come back to them and
say you have to pay a special assessment to patch that two -third
street that is yours - they would say nobody told us about that.
(Council discussed further re this was in accordance with the
Scenic Highway Section of the General Plan; that it is a long
way down the road, et.)
Councilman Shearer: Mr. Mayor - this bothers me. We adopted
the cross section and it sounded good
when we were thinking well its away
• down in the future but here we are today not in the future and I
am trying to envision what that is going to look like. The City
is going to own basically 75' that will be dedicated, we will have
a 30' wide street so we will have a strip of land 45' wide and
several hundred feet long, city owned, so I assume with weed
abatement, etc., there are expenses involved. I am just wonder-
ing if the scenic highway dream, which it is, is worth undertak-
ing that kind of obligation today when I can't frankly ever see
a thpjough street. Mr. Wakefield)is there anyway we can work out
something where they build in the so-called frontage road but
that they build the actual 26' section of street and we let them
use between now and .the future the rest of the property? We
own it but they use it, just like the 10' parkway I have in
front of my house, the city owns it but I maintain it. This
would be a 43' parkway and they would have the obligation of
weed abatement, of maintaining .it, because I can see this being
a real headache for us in the future. That may foul up
Planning Staff in some of their goals and we may receive opposi-
tion from the developer but they sure would have an awful big
front yard. I would like to protect us so if some day in the
future we are able to do this nice plan we don't have to go in
and condemn a lot of houses but I think I am realistic enough
to be concerned with not only my grandchildren but what about
tomorrow right now when myself and the rest of my colleagues
have to sit here and listen to the people's complaints.
• Councilman Browne: Why not condition it for the 110' right-
of-way with a 20' set back indicating
the owner could utilize it until such
time - maybe 10 or 20 years down the road this might become a
reality. (Council concurred and discussed further.)
- 24 -
CITY COUNCIL f'age Twenty-five
PLAN. COMM: TT,;!130233 11/24/75
Mr. Thomas: Mr. f'lucyor., what I would rr commend i,.
we get the dedication of 55' with i.in
irrevocable; offer to dedicate the
additional 20' to allow, that property to rema:i_n on the tax rolls
and not subject us to future payment for it and require the
developer in addition to paving the 26° to also put some temporary
pavement in to a thickness of the normal residential street section
iover the balance of the 6' from the center line,. This would leave
a 32' roadway which would be the normal street for a development of
this size. (Council concurred)
Motion by Councilman Shearer that Tentative Tract.No. 30233 be
approved with the following additional conditions or substitute
conditions when they interfere or conflict with those set forth
by the Planning Commission, that the dedication at the present time
be 55' with an irrevocable offer to dedicate an additional 20'
with the developer required to construct an adequate structural..
section of road 32' starting from the center line with one curb
line; seconded by Councilman Browne and carried.
TENTATIVE TRACT Location: Southerly extension of Elena
NO. 31147 (PCD I - Street, east of Shadow Oak Drive.
D.P. NO. 8) Request: Applicant requests approval
BUTLER/UMARK INC. for a 65 lot tentative tract map within
Development Plan No. 8 in the PCD-I
(Woodside Village) Zone. Recommended by
Planning Commission Resolution No. 2622,
(Mr. Diaz stated the staff report attached .to the Resolution is
self-explanatory. Councilman Shearer asked for the location of
the paseo and Mr. Diaz pointed it out.on the displayed map and
there is some question about the exact location because of the
school/park site location that is not yet finalized.)
• Motion by Councilman Shearer to approve Tentative Tract Map
No. 31147; seconded by Councilman Miller and carried.
CITY ATTORNEY AGENDA
ORDINANCE The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMEND-
ING SECTION 5100 OF THE WEST COVINA
MUNICIPAL CODE ADOPTING BY REFERENCE
CERTAIN AMENDMENTS TO THE HEALTH CODE
OF THE COUNTY OF LOS ANGELES.
Mr. Wakefield: Mr. Mayor and Council members, the
purpose of this action is to initiate
the proceedings for a public hearing to
be held on December 22 for the purpose o.f adopting those
ordinances of the County that have been adopted by the County
since the last updating of our Municipal Code.
Motion by Councilman Browne to waive full reading of said ordinance;
seconded by Councilman Tice and carried.
Motion by Councilman Browne to introduce said ordinance; seconded
by Councilman Tice and carried.
is ORDINANCE The City Y Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMEND-
ING THE WEST COVINA MUNICIPAL.CODE SO AS
TO REZONE CERTAIN PREMISES (ZC #493-A
City Initiated.)
- 25 -
CITY COUNCIL
CITY ATTORNEY — Agenda
Page Twenty—six
11/24/75
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; seconded by
Councilman Browne and carried; Councilman Shearer abstained.
CANDIDATES Mr. Wakefield: Mr. rlayor, this is a
• FILING FEE policy matter for
determination by the
City Council because this was the last meeting_ before the date
upon which nominating petitions may be filed. If City Council
desires to fix a filing fee in the amount of 1,625 to be paid by
each candidate for elective office it would require the adoption
of an ordinance.
Councilman Shearer: fir. Mayor, I am opposed to any filinr:l
fee. The theory, of course, is to
eliminate nuisance candidates and I
guess I define "nuisance candidate" as any candidate that runs
against the incumbent, so we all at times have been a nuisance
candidate, but I don't believe in the fifty years that West
Covina has been incorporated and has had 25/26 or some elections
that the lack of a filing fee has really resulted in a major pro—
blem. On occasion there have been a large number of candidates
but I don't think that in itself has presented a problem and I
don't think $25. would discourage any candidate .in the 'past
ten or twelve years that I have lived in the City from running
and if that is our thought I would definitely not want to give
anyone the impression that we are trying to discourage any one
from running. If we wanted to do that we should make it probably
a $1,000 and then no one would run. (Council concurred)
(Councilman Tice asked if Items 9 and 10 might be moved up and
discussed at this time since they pertained tothe same issue.
Council agreed)
RESOLUTION RE Mr. Wakefield: In connection with
CANDIDATE CHARGES this item there are
two items that
require Council consideration. Since
the last election the applicable Elections Code has been amended
to permit the increase in the number of words in the Candidate's
Statement of Qualification up to 400, the former maximum was 200.
In addition, the Federal Voting Rights Law has been amended which
now requires that the candidates statement of qualifications be
printed in'English and in Spanish. So under any circumstances
the cost of the printing of the statement as far as the City is
concerned will be double what it otherwise would be. The
resolution proposed this evening limits the length of the
Candidate's Statementto no more than 20n words and has a blank
space with respect to the prorated costs which are to be paid by
the candidates. In other words the way the cost is computed is
to take the total cost and prorate the cost — if there are ten
candidates and ten statements you would prorate the entire cost
or. 50% of the cost or whatever is decided by Council.
Councilman Shearer: Mr. Wakefield, does the federal law
that requires the printing in Spanish
require in addition to the propositions
and the ballot, etc., that the Candidate's Statement, which is in
effect a piece of campaign literature, that it also be printed
in English and Spanish even though the candidate doesn't want it
so?
— 26 —
•
0
CITY COUNCIL Page Twenty—seven
CITY ATTORNEY AGENDA 11/24/75
Mr. Wakefield: Yes, the Federal Voting Rights Law is
predicated upon the percentage of
Spanish surname, and census traces
within the County. There are 85% or the census tracts in the
County of Los Angeles in which there are S;% or more of Spanish
surname voters. As a consequence the Voting Rights Law and the
laws adopted by the U.S. Attorney General requires that every
official document that goes out as part of the election process
be printed in both English and Spanish.
(Council discussed further; disagreed with this regulation.)
Motion by Councilman Tice that the bi-lingual portion be paid
for by the candidate; seconded by Mayor Chappell.
Councilman Shearer: While I strenuously object to the
requirement the Federal Government has
imposed upon us it bothers me also that
the City in effect bails out the candidate from a cost that is
imposed to run for office. It is a recognized cost; the candi-
date when he gets into the race decides these are the rules„
these are the regulations, I have to go by whether it is a
residency requirement or attending meetings on the second and
fourth Monday night - these are all rules that go along with it.
I don't believe the City should subsidize a candidate because
the Federal Government says you have to go and do it. That is
like saying, I guess, if we don't like the bill from the printer
because the printer is charging us too much that we will under-
write that and only make the candidate pay for the paper and
we will pick up the ink cost or something of,that nature.
Councilman Tice: But where do we stop? This can go on
and on. It could not only be Spanish
but Asian also because we are getting
quite a few Asians in this area.
Councilman Shearer: That is true but I don't believe it is
going to help by the City absorbing
the cost. It is of course a protest
in one respect but who is going to hear about it? I think
they would hear a lot more about it when the candidate has
to write out his check to the City and hand it to Mrs. Preston
for about $400 versus $200 - I think that candidate is going
to be apt to scream louder than the city or the citizens who
pay probably 10 in cost. I think it ought to be 1000 of the
cost of the candidate if he chooses to use that way to get a
qualification statement out to the voters.
Mayor Chappell: I was thinking in -terms of your first
remark on the first issue where we
didn't want to penalize anybody by
having a filing fee. I also look at this that we are perhaps
limiting people because they can't finance it. So just by
paying the normal cost we have paid throughout the years would
allow everyone to file a statement whereas if we put a price of
$500. on it and it will be about that because printing costs
have gone up and mailing costs are going go and a young man or
a housewife running for City Council might be limited because
of that cost.
Councilman Shearer:
ballot, you could not i
fee of a larger .amount.
should be borne by the
I disagree with you, Mr. Mayor. You
could run for City Council without
putting your qualifications on the
un for City Council if we had a filing
I feel the full -cost of campaigning
candidate. I will vote against the motion.
- 27 -
CITY COUNCIL Pi -ago Ti,,enty—eight:
CITY ATTORNEY AGENDA 11/26/75
Councilman Miller: I am not for paying the extra cost;
either, but how .i.ron:i_c the whole system
is to try and open doors of opportunity
and then turn around and make laws that discourage it, but when
it comes down to subsidy I am even against subsidy to even a
higher office and I would have to be consistent on this level.
Councilman Browne: I feel ;somewhat like Councilman Shearer.
We have a federal_ regulation to which we
have no recourse and no remuneration for
expenditure, but I do feel if a candidate is going to run he should
be subject to the full payment of all the conveniences he is
supplied with including the declaration statement. I can't see
putting it back on the taxpaynrs. I think the proper thing to do
is take it up with Congressman Lloyd as Councilman Shearer said,
which I am also going to do.
Councilman Tice: I can't (JUite go along on that one. We
can go the way we have for years but
now we have another requirement and if
we want to put a statement in we have to make it also bi—lingual.
You have to go all or nothing.
Motion failed on roll call vote as follows:
AYES: . Tice
NOES: Shearer, Miller, Browne, Chappell
RESOLUTION NO. 5145 The City Attorney presented;
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING THAT 100% OF THE CHARGS
IS TO BE PAID BY CANDIDATES FOR
PRINTING AND MAILING CANDIDATES
• STATEMENTS.
Motion by Councilman Shearer to waive full reading of said resolu—
tion; 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, Chappell
NOES: Tice
ABSENT: None
RESOLUTION NO. 5146 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PROHIBIT—
ING THE DISTRIBUTION OF CAMPAIGN
LITERATURE.AND/OR MATERIALS IN CONNECTION
WITH THE SAMPLE BALLOT.
(Councilman Tice asked:what brought this up, it hadn't been done
this way previously and Mr. Wakefield advised a new law was en—
acted in 1974; Councilman Miller inquired if a flyer might be
incorporated with it since the candidates will be paying a higher
rate? Mr. Wakefield stated it depends on the total number of
candidates running for office; if each candidate submitted a piece
of literature the postal machine couldn't handle the volume and
hence the postage would be increased; Councilman Shearer asked
• if that were done would.it also have to be in English and Spanish?
Mr. Wakefield stated the campaign literature that this particular
section talks about is not included in the list of things that the
Attorney General says has to be bi—lingual.)
CITY COUNCIL Page Twenty-nine
CITY ATTORNEY AGENDA 11/:24/75
Motion by Councilman Shearer to uai.ve ful.l re<.id:ind of said res olu-
tion; seconded by Councilman Miller and carried.
Motion by Councilman Shearer to adopt ca:i.d ror,olUtion; 8econdcd
by Councilman Browne and carried on roll call. vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell_
NOES: None
ABSENT: None
(Councilman Shearer pointed out there was an additional item
presented by the City Clerk having to do with the reimbursement
to inspectors and judges. The City Clerk in answer to
Councilman Tice's question advised the City has been paying
the same rate for a number of years due to the fact the City
has a shorter ballot and shorter hours; further stated it has
not been budgeted for this year but was brought up due to the
fact other cities have been paying more and have been increasing
their reimbursement. Council decided that this matter should be
brought to their attention during the next year's budget sessions.)
ORDINANCE NO. 1282 The City Attorney presented:
ADOPTED �AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST'COVINA, CALIFORNIA, AMENDING
SECTIONS 92.29.1, 9229.4, 9229.5, 9229.6
AND 9229.7 OF THE WEST COVINA MUNICIPAL
CODE RELATING TO THE HILLSIDE OVERLAY
ZONE. (Amendment No. 130)
Motion by Councilman Browne to waive full reading of said
ordinance; seconded by Councilman Miller and carried.
Motion by Councilman Browne to adopt said ordinance; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
. NOES: None
ABSENT: None
RESOLUTION NO. 5147 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, GRANT-
ING AUTHORITY TO PROCEED WITH THE
DEVELOPMENT OF A COMMUNITY FIRE PROTECTION
MASTER PLAN FOR THE CITY OF WEST COVIN;,.
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
RESOLUTION NO. 5148 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING APPROPRIATE OFFICERS OF THE
COUNTY OF L,OS ANGELES TO CANCEL CERTAIN
TAXES AND ASSESSMENTS OF THE CITY WITHOUT
THE CONSENT OF THE CITY ATTORNEY OR OTHER
OFFICER OF THE CITY.
Motion by Councilman Miller to waive full reading of said resolu-
tion; seconded by Councilman Shearer and carried.
- 29 -
CITY COUNCIL
CITY ATTORNEY AGENDA
Page Thirty
1.1/24/75
Motion by Councilman Miller to :adopt s�_iid resolution; seconded by
Councilman Browne and carried on roll call vote gas follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: Nona
RESOLUTION NO. 5149 The City Attorney presented:
ADOPTED A RESOLUTLON OF THE CITY COUNCIL OF THE f'ITY
�j OF WEST COVINA, CALIFORNIA, AMENDING SECTION
7 OF RESOLUTION NO. 1277, RELATING TO THE
COMPENSATION OF CIVIL ENGINEERING ASSOCIATE
CLASS.
Motion by Councilman Browne to waive full reading of said resolution;
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. 5150 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL_ OF THE
CITY OF WEST COVINA,.CALIF-ORNIA, APPROV-
..ING AMENDMENT NO. 3 TO THE PCD NO. 1
MASTER PLAN, REVISION 7 TO DEVELOPMENT
PLAN NO. 1 AND APPROVAL. OF TENTATIVE
TRACT NO..26912. (Donald L. Oren Company)
Motion by Councilman Browne to waive full reading of said resolu-
tion; seconded by Councilman Shearer and carried.
Motion by Councilman Browne to adopt said resolution; seconded
by Councilman Shearer and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
BASSETT UNIFIED SCHOOL Motion by Councilman Shearer that the
DISTRICT RECREATIONAL. agreement between the Bassett Unified
AGREEMENT School District and the City of West
(Staff Report) Covina for recreational services at
Tonopah School be approved for the
1975-76 fiscal year, and authorize the
Mayor and City Clerk to execute said
agreement; seconded by Councilman
Miller and carried on roll call vote as
follows: AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
WAIVER OF BIDDING Motion by Councilman Browne to waive
PROCESS FOR COMMUNICATION bidding procedures and authorize the
FREQUENCY METER Purchasing Agent to issue a purchase
(Staff Report) order to Ross Communications for a
Singer Model FM-10CS Communications
Monitor for �6,685, minus 10% and plus
tax, for a total of �6,377.49; seconded
• by Councilman Tice and carried.
THE MAYOR RECESSED THE COUNCIL MEETING AT 10:54 P.M. FOR THE
PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL
RECONVENED AT 10:56 P.M.
- 30 -
CITY COUNCIL
CITY MANAGER AGENDA
REQUEST USE OF
LA FRANCE FIRE TRUCK
follows: AYES:
oil NOES:
ADS[=NT:
PQge Thirty-one
11/?4�75
Motion by Councilman Tice to approve, the
request of the West Covina Chamber of
Commerce to use the La France Fire Truck
For Christmas Tree Lighting ceremonies an
December 4, 1975; seconded by Councilman
Browne and carried on roll cal]_ vote as
Shearer, Miller, Browne, Tice, Chappell
None
None
BICENTENNIAL (lotion by Councilman Shearer to receive
PROGRESS REPORT and file Bicentennial informational pro-
gress report; seconded by Councilman Miller
and carried.
DECLARE CERTAIN CITY (Councilman Shearer asked if these items
OWNED ITEMS SURPLUS could be donated to some worthy cause or
PROPERTY does the City have to sell them;
Mr. Wakefield stated there is no real
authority for it; but there is a procedure set up For this and
this is the way the law provides it should be handled.)
Motion by Councilman'Shearer to declare the attached schedule of
City -owned property to be surplus and authorize the sale of same
by public auction; seconded by Councilman Miller and carried.
ACCEPTANCE OF EASE- Location: West Covina Fashion Plaza
MENTS FOR TRAFFIC Council reviewed Staff Report.
CONTROL DEVICES
RESOLUTION NO. 5151
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPT-
.
ING A GRANT DEED EXECUTED BY THE WEST
COVINA REDEVELOPMENT AGENCY AND DIRECTING
THE RECORDATION THEREOF.
RESOLUTION NO. 5152
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCE:PT-
ING A GRANT DEED EXECUTED BY
SYLVAN S. SHULMAN COMPANY, A LIMITED
PARTNERSHIP AND DIRECTING THE RECORDATION
THEREOF.
Motion by Councilman Shearer to waive full reading of said
resolutions; seconded by
Councilman Miller and carried.
Motion by Councilman Shearer to adopt said resolutions; seconded
by Councilman Miller and
carried on roll call vote as follows:
AYES:
Shearer, Miller, Browne, Tice, Chappell
NOES:
None
ABSENT:
None
SPECIAL MEETING
(Mr. Aiassa stated the need for a special
meeting to.interview the architects re
the proposed Community Center Building;
after discussion Council decided on
December 15, 1975 at 4:30
P.M.)
• MAYOR'S REPORTS
PROCLAMATION Hearing no objections, the.Mayo.r proclaimed
"March of Dimes Month" - January 1976.
- 31 -
November 21, 1975
CITY OF WEST COVINA
SURPLUS PROPERTY SCHEDULE
f�UANTITY
DESCRIPTION CITY
INVENTORY
# DEPARTMENT
4 Burner Gas Range
1728
Fire
5
*Hand Lantern Lens Guards
Fire
1
Metal File
Fire
3
*Pike Poles (Wooden)
Fire
7
*Pike Pole Heads
Fire
1
Back Pack Pump Can
1922
Fire
11
*Used Garage Door Springs
Fire
(scrap metal use)
6
%; "Mast-r-adapters" for connecting
Fire
Garden hose to Unthreaded water
outlets
1
*Swimming Pool Cover 24' x 36,
Fire
7
*Fire Estinguisher Brackets
Fire
Value
of items did not Warrant a number during prior
inventories.
•
A ►
CITY COUNCIL Pzge Thirty-two
COUNCILMEN'S REPORTS/COMMENTS 11/24/75
EAST SAN GABRIEL. VALLEY Councilman Miller: de have hefore us
ASSOCIATION OF CITIES this final draft-. of
the V,nlley Associ:a-
lion of Cities, the minutes are atsn included in the packet. Hiiv-
ing attended the meeting my recommend::ition would .be to receive
and file and forward this decision to Councilman Helms so he
knows our feelings on this with the understanding although we are
not desirous of joining at this time we would like to have them
forward the minutes of their meetings.
Councilman Tice: Aren't they asking us to approve these
one way or the other rather than just
receive and file?
Councilman Miller: Yes, but going on our past decision
when we were looking at the preliminary
rough draft - so to be consistent with'
that I suggested we receive and file - .we didn't say we were for
or against the association. (Explained further)
'Motion to receive and file seconded by
Councilman Browne and carried.
Councilman Shearer: Mr. Mayor, I keep hearing thes tatement
and I heard it again this evening, that
we are neither for nor against the
Valley Association of Cities and I think that is kind of evading
the question. Either we want to join or we do not. I think we
have indicated that we are not interested in joining and whether
that says we are not for it or against it I am not sure. But I
think we owe it to that group to say either we are with you or
we are not. This way they are nowhere and to keep saying to these
people keep sending us the information and maybe some where far
• down the road we might join up with you - I don't think that is
fair to the Association. I am personally not interested at all.
Councilman Miller: I might add though that they brought
out at the meetings that a city may pull
out at anytime it desires - they left it
very flexible in their discussion of it.
Councilman Tice: The prime purpose of this orqanization
(the way I read it) is secession from
Los Angeles County. So if you vote for
the Association you are voting for at least a step in that
direction.
Councilman Browne: And it happens to be number three in the
items of priority listed in the by-laws.
I will stand with Councilman Shearer -
I am not interested.
(Councilman Miller asked for a clarification -.he assumed there
would be no need in sending a representative to the meetings and
Council agreed. Mayor Chappell suggested if Council would feel
better about it perhaps a motion to decline to join would be in
order)
Councilman Miller moved :to go on record as declining to join;
seconded by Councilman Shearer and carried.
APPROVAL OF DEMANDS Motion by.Councilman Browne to approve
Demands totalling $402,561 as listed
on U.C.B. #52710 and #52866; and B.A.
#361 and 365; seconded by Councilman Tice
- 32 -
CITY COUNCIL
Page Thirty-three
1.1./24 J75
and carried on roll call vote as Follows:
AYES: Shearer., Miller, Browne, Tice, Chappell -
NOES: None
ABSENT: None
AQjOURNMENT Motion by Councilman Browne to adjourn meeting
at 11:10 P.M. to Tuesday, November 25, 1975 at
7:30 A.M. at Carroll's Restaurant; seconded by
Councilman Tice and carried.
ATTEST:
CITY CLERK
El
W
APPROVED:
-33 -