12-08-1975 - Regular Meeting - MinutesI
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
DECEMBER 8, 1975
The regular meeting of the City Council called to order at
7232 P.M. in the West Covina Council Chambers by Mayor Ken
Chappell. The Pledge of Allegiance was led by Boy Scout
Troop 480; the invocation was given by the Reverend Myrus
Knutsen, Christ Lutheran Church.
ROLL CALL
Present: Mayor Chappell;
Councilmen: Shearer, Miller, Browne, Tice
Others Present: George Aiassa, City Manager
Lela Preston, City Clerk
Gloria Davidson, Dpty. City Clerk
George Wakefield, City Attorney
Michael Miller, Public Services Director
Leonard Eliot, Controller
Harry Thomas, City Engineer
Ken Hunter, Planning Associate
Gus Salazar, Redevelopment Coordinator
Kevin Northcraft, Administrative Asst.
APPROVAL OF MINUTES
November 24, 1975 Councilman Tice made the following
November 24, 1975 corrections to the minutes of the
November'25, 1975 regular meeting November 24, 1975.
Page 19, paragraph 6, should read:
"Councilman Tice asked if some of the recommendations made by the
City Attorney have been made with the prior Association. Mr.
.Solomon said...
Page 27, paragraph 2, should read:
"Motion'by.Councilman Tice that the bi-lingual portion be paid
for by the City and the English portion be paid for by the
candidate; seconded by Mayor Chappell."
Councilman Shearer made the following. -
correction to the minutes of the adjourned meeting November 25,
1975.
Page 1, under "Roll Call" should read:
"Absent: Councilman Shearer (due to illness)"
Motion made by Councilman Browne,
seconded by Councilman Shearer to approve the minutes of
November 24, 1975 - Special Meeting, November 24, 1975 - Regular
Meeting, and November 25, 1975 - Adjourned meeting as corrected.
Motion carried.
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f) MT. SAN ANTON IO
COUNCIL CAMP FIRE
-,,GIRLS
2. PLANNING COMMISSION
a) SUMMARY OF ACTION
3. PERSONNEL BOARD
a) MINUTES
4.
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CITY COUNCIL December 8, 1975
Consent Calendar Page Two
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) SUPERVISOR PETE Invitation to attend tour on Thursday,
SCHABARUM December 11, 1975 at 11.00 A.M., of the
recently opened Southern California
College of Optometry, in cooperation
with the Los Angeles County Department
of Health Services: (Informational)
b) MR.&;:MRS. ROY
MIDYETT, 610 S.
CALIFORNIA AVE.
c) WILLIAM E. SUTT0N
West Covina Stake, Church of Jesus
Christ of Latter -Day Saints, requesting
proclamation for Family Unity Week,
December 22 - 29, 1975• (Refer to
Mayor's Agenda -Item No. L-1)
Re auto lights flashing into family
room as late as 12:00 P.M. from Town
and Country Chopping Center Parking
Lot. (Refer to Staff) (Withdrawn. Refer to Pages
5 & 6)
d) DELHAVEN COMMUNITY Request to solicit funds in the City
CENTER, 15302.E. from January 5'to February 15, 1976,
FRANCISQUITO AVE. and waiver of charitable business license.
LA PUENTE, CA. (Approved in prior years. Recommend
approval)
e) WEST COVINA ALL- Re painting of house numbers on curbs
CITY BAND exclusively by All City Band and approval
of using Red, White and Blue colors.
(Refer to Staff) (Withdrawn. Refer to Pages 3,4, &
Request to hold annual candy sale between 5)
January 21 - February 16, 1976. (Approved
in prior years. Recommend approval)
December 3, 1975• (Accept and file)
. (Withdrawn. Refer to Pages 8 & 9)
November 4, 1975. (Receive and file)
b) ACTION ITEMS From December 2, 1975 (Refer to City
Attorney's or City Manager's Agenda
Items Nos. G-9, I-1)
ABC APPLICATIONS Chief of Police Recommends NO PROTEST
a) Francis Leo Morgan, President dba SIZZLER FAMILY STEAK HOUSE
Janice Ann Morgan, Sec./Treas. OF WEST COVII4A
1218 Miramar Drive 1100 West Covina Parkway-W
Fullerton,.Ca. .
Robert David Hadden,-Vice Pres.
212 S. Cedar Ave.
Fullerton, Ca.
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CITY COUNCIL December 8, 1975
Consent Calendar Page Three
.b)'West Covina Restaurant dba KAPLAN'S
& Delicatessen, Inc. ..531 Fashion Plaza
3333,Bristol St.
Costa Mesa, Ca.
• Chief of Police Recommends PROTEST
c)*,Richard Steel dba WATERWHEEL INN
20503 Calor.a 648 S. Sunset Avenue
Covina, Ca,
(Withdrawn: Refer to Pages 6, 7 & 8)
5. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK
a) Leslie W. Craven Re removal of personal property from
931 E. Armstead 3101 E. Virginia Ave. by Weed Abatement
Azusa, Ca. Contractor. (Deny and refer to City
Attorney and Insurance Carrier)
b) Motors Insurance Re accident on September 1, 1975 with
Corp as Subrogees Police Unit. (Deny and refer to City
for Emile P. Friend Attorney and Insurance Carrier)
Mrs. Joanne East requested Item 1-e
be removed from the Consent Calendar for discussion; Councilman
Browne requested Ztem4-c be removed for discussion; Councilman
Tice requested Item 1-b be removed for discussion; Councilman
Miller requested Item 2-a be removed for discussion.
Motion made by Councilman Shearer,
seconded by Councilman Browne to approve Consent Calendar items
with the exception of Items l-e, 1-b, 2-a and 4-c. Motion
carried on roll call vote as follows:
AYES: Shearer, Miller,'Browne, Tice,
Chappell
NOES: None
A.BSEN T : None
ITEM
1-e
WEST
COVINA ALL CITY BAND
Mrs.
Joanne East
I asked
for this item to -be removed
1438
E..Portner St
because
the action is to refer the
West
Covina, Ca.
item to
Staff. I thought that I
might be
able to explain what we
plan and
to answer any questions.
I have an example of the sign we
plan to have painted on the curbs. We request that the young
people have exclusive right to do this because, naturally, if
we purchase sufficient paint, we would like to have an estimate
of how much we need. We do not want someone else to hear about
the idea and then come in and start doing it.
. I spoke.with the Street Department:
Mr. McTaggart suggested the types of paint that would be termed
"traffic paint" and explained the method used to put sparkle on
to get glass bead reflection in the white areas. Due to the
color blue, Mr. McTaggart suggested using a marine paint.
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CITY COUNCIL
Consent Calendar
December 8, 1975
Page Four
I also went to the Fire Department
and spoke with Captain Clinton and Captain Andrus. They felt
that the blue on the white was just about as good a standout
color as black on white; and,that.it was an interesting design
that they would be able to observe easily.
I also spoke..;with Dpty. Chief
Meacham. He felt the design was interesting from the Bicentennial
approach, and that the contrasting colors were sufficient for
emergency vehicles to pick out.
Mayor Chappell: In the past the City Council has
attempted to get something like this
going, but it never did get off the
ground. Maybe with a group the size of your organization, it
might get off the ground. The reason that it is referred to
Staff is to clear up any legal problems or any liability problems
that we`might have in allowing this to happen.
Councilman�Tice: What is the charge for this? Will it
be on a contribution basis, or do you
have a flat rate?
Mrs. East We felt that should it be undertaken
in the red, white and blue, it would
only be effective if every number in
the City were done. I have heard estimates of 20,000 to 24,000
of street numbers that should be painted. We felt that it would
be rather distastefull if it was.done in a.spotty manner. That
is one of the reasons we wanted the exlusive right; we will buy
the paint according to the estimate and every number will be done.
We felt that the people who receive this service together with
their gratitude for the service and the interest in the community
and youth group would make a contribution that would make it
worthwhile.
Councilman Tice: I like the Bicentennial theme. It is
a good idea and a good way to raise
money for the youth.
Councilman Shearers I am not sure that I share Mrs. East's
optimism about how readily all of the
citizens in West Covina will receive
the curb painting, and, then, after it is done have someone come
to the door and ask for a contribution. I believe that we had
this proposal once before some years back by a non -local group.
Their proposal was to come in and paint curbs, then tell the
people in the homes that it was done and that they wanted to be
paid for it.
I agree with the spirit, and all that,
but I hesitate to give City sanction because I am sure that there
is at least one person in this community who isn't all that
patriotic and would not appreciate it.
• Mrs. East: I am sure that there is.even.more than
one, even a handful that might not
appreciate being told that they have
to pay. That is why we used the term "contribution." I am sure
that there might be a goodly number who might say, "Thanks, I
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CITY COUNCIL
Consent Calendar
December 8, 1975
Page Fi-ve
didn't ask you to do it, and I don't care to pay for it."' In
that case,we will say, "Thank you." and go our way. We felt
that there would be enough who would respond with a worthwhile
donation that would make it payoff to the kids. It might be
termed a community service for us, and not a fund raiser in
that each house would, at least, during 1976 get a nice bright
fresh number. You think that some might actually resent having
the number put on?
Councilman Shearers I don't know that I am that good a
judge of people. I don't think they
will resent having the number put on,
but I think they might resent having the number put on before
they have been contacted. Maybe not.
Mrs. East: We might say we would like to do it,
and hope the people would like to
contribute.
Councilman Tice: I think Councilman Shearer is correct.
There might be some people who would
resent it, and if they are asked before,
at least they have a choice.
Mrs. East: We do not want it to be a resentful
situation; we want it to be a cheerful
one.
We hope to get sufficient publicity
out to the people ahead of time through various media. And, we
will take your advice,.to' contact the people before doing the
actual painting.
Motion made by Councilman Tice,
seconded by Councilman Miller to refer the Item 1-e to Staff.
Mayor Chappell: We certainly hope that this goes well.
The more things we do to honor our
200th birthday, the better, I think,
the community will be for it.
Due to time schedules, the Council
requested that Staff complete their study of this Item in order
that it can appear on the City Council Agenda, December 15, 1975•
Motion carried.
ITEM 1-b
MR. & MRS. ROY MIDYETT
Councilman Tice; I have a question. On the Staff Report
where this was covered, have you (Mr.
Miller) tested to see if the 6 foot 6
inch fence is sufficient to block out any undue lighting?
Mr. Millers The Report that you are referring to
refers to the property south of Topa.
The property at 610 S. California
Avenue is east of Topa. Basically, I believe this refers to the
rear entrance of the alley on California. It is hoped that once
the Center is fully developed, most of the circulation will
occur in the front portion and the back portion will be used
primarily for delivery purposes.
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CITY COUNCIL
Consent Calendar
Councilman Tice:
Mr. Miller:
offer some relief. Either
the 36 inches for traffic
December 8, 1975
Page Six
What would happen if you put a block
wall up on the end?' Would that be an
obstruction to traffic?
It would create a safety problem - site
clearance. We will have to look at the
landscaping plan for the area, it might
a wall or landscaping cannot exceed
clearance at that point.
Motion made by Councilman Shearer,
seconded by Councilman Tice -to refer the Item 1-b to Staff.
Motion carried.
ITEM 4-c
RICHARD STEEL
dba WATERWHEEL INN
Councilman Browne: I was basically concerned with the
application and the manner in which
it was.presented. In this instance,
the Planning Department is opposing the liquor license. In
previous years when the City instituted the Civic Center Overlay
Zone, there were certain restrictions placed therein relative
beer bars and cocktail lounges in that they were a non -allowable
use within the Zone. However, we did have some in existance at
that time. In about 1973, there was some remodeling done on the
premises of the petitioner, and at that time the Planning
Commission recommended to the Council approval of the work with
the Condition that the area would be upgraded. I believe there
are some legalities here, and the City Attorney should advise
us on the matter.
Mr. Wakefield: There are two separate items involved
in this particular matter. I think we
need to consider them separately.
The first item relates to the Waterwheel,
which is the Item on the Agenda. In 1972 or 73,those establish-
ments in the Civic Center Overlay Zone which sold alcoholic
beverages and which were not operated in connection with a
--bona_,fide'restaurant became non -conforming uses. A period of
approximately seven years was allowed to phase out the non -conforming
uses.
It would be my recommendation in
connection with the Waterwheel*Inn that the Planning Director
,advise the applicant in this case that the use which he is
proposing to make of the premises will cease to be a permitted
use in 1977, and the use will be discontinued at that time.
The reason I make this recommendation
relates to the other item which Councilman Browne mentioned. The
Council will recall when the Lotit_o -& Ellis portion of the property
was remodeled in 1974, there was a specific Condition attached to
a Precise Plan which required that a beer bar known as the Stage-
coach Inn be -phased out and that the operation cease as of May
31, 1975• Ldtitof& Ellis agreed in writing to the Condition.
When the City advised them *df the necessity for discontinuance
of the beer bar on May 31, 1975, it precipitated a controversy
CITY COUNCIL December 8, 1975
Consent Calendar Page Seven
between`:Lot_ ,E ito &llis and the lessee of the beer bar. The
lessee had'a"lease that expired on May 31, 1975; it was for
that reason that that date was selected as the discontinuance
date. However, that lease contained an option on the part of
the lessee to renew the lease for an additional four years.
Lotit_o &.Ellis did not indicate specifically whether or not they
were willing to renew the lease. Finally, the lessee filed an
action against both ratito-& Ellis and the City of West Covina.
The answers in that action have been prepared and filed; the
case is set for trial the later part of this month. The
attorneys for the lessee and the attorney for Lotito &;,Ellis
have proposed to the City that the City do nothing about
enforcing the Condition for a period of four years from the
discontinuance date, May 31, 1975. This would mean that the
beer bar could continue in operation for the balance of the
term of the lease under the option, and it would not'need to be
discontinued until May 1, 1979•
This is a matter in which I think the
City has no liability exposure. However, I suppose that if we
persist in our effort to force lbito:& Ellis to break the lease
prior to the 1979 date, that there is always a possibility that
the City might end up being charged with inverse condemnation
of the property rights of the lessee simply because the lessee
was not privied to the Condition in the Precise Plan approval,
nor apparently was he aware of it until it cametime to enforce
it.
In the interest of resolving the case,
I think that I would be inclined to recommend to the Council that
you authorize us to stipulate to a judgment in the pending action
which would require the discontinuance of the beer bar use
effective May 31, 1979. That would leave.rotito _ Ellis in a
position where they would have to work out•the problems themselves.
The City would take no affirmative action to enforce the existing
Condition.
Councilman Shearers That is separate from the Item we are
talking about here, though, isn't it?
Mr. Wakefield: That is entirely separate from the
Item we are talking about here. It
just happens that they are a few doors
apart.
Councilman Shearer: I have a few questions about the Water-
wheel._ I notice in the Report that
there are plans to open a passageway
between>the cocktail lounge and the coffee shop. Would that
passageway.make it conforming with the requirement that liquor
be served only in conjunction with a bona fide restaurant?
Mr. Wakefield: I think not. Under the requirements of
the Business and Professions Code, the
premises have to be operated in con-
junction with a bona fide restaurant. A bona fide restaurant is
defined in.the Code as a place where there are tables and full
meals are served. To simply open a passageway between existing
lounge and coffee shop would not bring it into conformance.
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CITY COUNCIL
Consent Calendar
December 8, 1975
Page Eight
Councilman
Shearers
You made one recommendation regarding
the Stagecoach. How would that affect
this?
Mr. Wakefield:
That would not affect this except that
if we are going to file a Protest, I
think that the applicant for the liquor
license needs
specifically
to be informed as to the time when the
use will be
required to be
phased out under our existing Ordinances.
This is so
that he does not
get his license, take over the existing
operation,
and.then find that he has no right to be in the business.
Councilman
Shearers
We cannot file a Protest and say that in
four years the license...
Mr. Wakefield: Oh no. Our Protest would have to be
on some basis other than the fact that
the present use of the premises is not
a permitted use under our Ordinance. In other words, if the use
of the premises continues as it is, it may continue for seven years
from 1972. In '1979 the bar, as a bar, would be required to dis-
continue operation.
Councilman Shearers But, that matter is not really a Protest
matter for the license, is it?
Mr. Wakefield: No, that is right.
Councilman Shearer: This would not be the pro.per:vehicle
to enforce that type of thing. So,
consistent with your recommendation on
the Stagecoach, would you recommend that we not Protest the
application?
Mr. Wakefield: I do not know if there is some other
basis for Protesting issuance of the
license. Assuming that there is not,
then we would not have a basis for Protest. My point is that we
should specifically inform the applicant of the situation which
he is about to enter so that there will be not doubt that he has
been advised that come 1979 he has to discontinue his business
or convert it into a full scale restaurant.
Motion made by Councilman Shearer,
seconded by Councilman Browne that the City file No Protest on
Item 4-c, and that Staff direct communication to the applicant,
Mr. Richard Steel, advising him of the period of time under which
he can operate. Motion carried.
ITEM 2-a
PLANNING COMMISSION
Councilman Miller: I would like to request of the Council
that Unclassified Use Permit 207
• (Richard and Zola Musich) be called up.
given the facts that the vote was 3 to 1; and,•3of the 4 required
showings were met; and,the one showing that it -all hinged on, I
CITY COUNCIL
Consent Calendar
December 8, 1975
Page Nine
do not feel should over -rule the other three.
(None of the Council objected to the
request.)
Motion made by Councilman Miller,
seconded by Councilman Shearer that Unclassified Use Permit
No. 207 be called up for further consideration. Motion carried.
Motion made by Councilman Browne,
seconded by Mayor Chappell to accept and file the Summary of
Action, December 3, 1975, of the Planning Commission (Item 2-a).
Motion carried.
HEARINGS
ZONE CHANGE NO. 496 `LOCATION: Northeast corner of West
City:Initiated Covina Parkway and the eastbound on
and off ramps of Interstate 10.
REQUEST: Proposed change of zone on an unzoned parcel of land
(vacated street) and -a parcel presently zoned P-B (Public Building)
to R-C (Regional -Commercial) and certification of the Negative
Declaration of Environmental Impact. Recommended by Planning
Commission.Resolution No. 2621. (Proof of Publication in the
West Covina Tribune on November 27, 1975 received. No mailed
notices required.)
Mr. Gus",Salazar This is a request for a zone change
Community Redevelopment which changes the zone on a parcel of
Coordinator land located off of West Covina Parkway
and the off -ramp and on -ramp of the
eastbound San Bernardino Freeway traffic.
It is a parcel of land that has resulted
from a number of activities: (1) freeway widening and realignment,
(2) an exchange of land between the City and the Bazaar Corporation,
and (3) a vacation of a portion -of the old West Covina Parkway
alignment.
The request is to change the zoning from
P-B to R-C. The change would be in conformance to the Redevelopment
Plan and the City's General Plan. It will also bring the parcel into
conformity with the adjacent parcels which are zoned R-C. The parcel
is .9 acre, and would be ready for development under the R-C Zone.
The Staff is also recommending that the
Council conduct a Public Hearing on an utility easement that
should have been vacated; it was a portion of the old West Covina
Parkway alignment.
Staff recommended the zone change.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY FOR
OR AGAINST ZONE CHANGE NO. 496. THERE BEING NO PUBLIC TESTIMONY,
PUBLIC HEARING CLOSED.
. Motion made by Councilman Shearer,
seconded by Councilman Browne to appr6ve-Zon6'",-Chang-e.'No. 496.
Motion carried.
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CITY COUNCIL
Hearings
Zone Change No. 496
December 8, 1975
Page Ten
Mr. Wakefield: At the request of Staff, I have
prepared.the Zone Change Ordinance.
If it can be introduced this evening,
it will save time.
ORDINANCE INTRODUCTION. The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
THE WEST COVINA MUNICIPAL CODE SO AS TO
REZONE CERTAIN PREMISES, ZONE CHANGE NO.
496, CITY INITIATED.
Motion made by Councilman Tice, seconded
by Councilman Browne to waive full reading of the body of the
Ordinance. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Miller to introduce said Ordinance.
Motion carried.
GENERAL PLAN AMENDMENT LOCATIONS Bounded on the northeast by
NO. 1975-3 Merced Avenue, on the southeast by
City Initiated Sunset Avenue, on the northwest by
Trojan Way and on the southwest by the
northerly line of Lots 1 through 7
inclusive Tract No. 23971.
REQUEST: Proposed amendment to the General Plan changing land use
designation from "Low -Medium" density residential to "Medium"
density residential and certification of the Environmental Impact
Report. Recommended by Planning Commission Resolution No. 2620.
(Proof of Publication in the West Covina Tribune on November 27,
1975 received. No mailed notices required.)
Mr. Ken Hunter We have before us basically the same
Planning Associate proposal as was recommended by the
Planning Commission earlier this year.
Also, you are in possession of a letter
from the property owner stating that he will adhere to the proposal.
The maximum density permitted in the
Low -Medium density is 14.9 units per acre. The density permitted
in the Medium density is 15 to 25 units per acre. However, the
agent for the property owner has submitted a plan showing 20 units
per acre, and, as he stated in his letter, he does not intend to go
above 20 units per acre.
So, the recommendation of the Planning
Commission still stands to amend this particular parcel from Low -
Medium to Medium density.
Councilman Shearer; What is the size of the parcel?
(Mr. Hunter was unable to locate the
exact size of the parcel at this point; Mr.'Miller indicated it
is approximately 7 acres.)
Councilman Shearer: On the exhibit attached to the Planning
Commission's recommendation, is all of
the property south of Merced proposed
to be changed? Or, just what appears to
be the southerly two-thirds?
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CITY COUNCIL-. . .
Hearings
General Plan Amendment
Mr,. `Hunter:
December 8, 1975
Page Eleven
Just the southerly two-thirds, the rest
would remain zoned Office -Professional.
Mayor Chappell: It looks like about 8 acres. On page 2
of the Environmental Report it shows they
have 10 acres, 3 for the gas station.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY FOR
OR AGAINST GENERAL PLAN AMENDMENT NO. 1975-3-
Councilman Shearers Point of privilege, Mr. Mayor. Is a
Public Hearing of this type required to
have the same kind of Notice as a zone
change?
Mr. Wakefield: No, this is just a general Public Notice.
There is no individually mailed Notice to
the immediate surrounding property owners.
Mr. Milford Walker (Sworn in by City Clerk.)
1201 W. Durness This does not detail the property. What
West Covina, Ca. type of property is it?
Mayor Chappells' It is vacant property. Right now they
grow cauliflower, tomatoes, etc.on it.
Mr. Walker: But, they are trying to put a development
on it, is that right?
Mayor Chappell: It appears that a development is in the
wind, yes sir.
Mr. Walker: Is it high-rise?
Mayor Chappell: Twenty units to the acre would be two-
story;_I have not seen the development
plan.
Mr. Walker; The Amendment, as it has been drawn,
the language does not tell the general
public what is being planned.
Councilman Tice: They have to come back with a specific
plan.
Mayor Chappells We receive a rather thick packet over
the weekend to study on all of the items
on the Agenda; what we state on the
Agenda is just a small description of the matter. The Public
-Hearing and Staff present additional information at the meeting.
THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED.
Councilmah lice: I originally opposed this, as did a
majority of the Council, on the fact
that there is a possibility of having
25 units per acre, which seems rather high to me. Personally, I
am,satisfied with the owner's letter.that he would need exceed
20 units per acre. I think he is a man of his word, and I do not
oppo.se the recommendation.
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CITY COUNCIL
Hearings
General Plan Amendment
Councilman Browne:
precise plan when it comes
December 8, 1975
Page Twelve
The letter from the owner of the
property could be conditioned in
as part of the Conditions of the
before Planning Commission.
Mr. Miller: As a matter of course, the General
Plan Amendment just authorizes the
applicant to make application. It
does not automatically prejudge any zoning. The current property
zoning is MF-15 in R-A. The applicant would have to bring an
application to the Planning'Commission to rezone it to MF-20,
and at the same time submit a precise plan. At that time the
Planning Commission, as well as the Council, will see the
proposedpackage and can guarantee that it will be no more than
20 units per acre.
Councilman Browne: I want to be sure of that. All we are
doing is changing land use designation
for this property on the General Plan.
But, this should be borne on the back of the minds of the Planning
Department so that it can become a part of the conditions.
Mr. Miller: The Department and the applicant are
quite aware of this. The applicant
has already had a preliminary plan
plan check with 20 units per acre.
You have his word, and when he brings
the precise plan in for approval, you will have the opportunity
to hold him to it.
Councilman Millers Given the fact that the Environmental
Impact Report is basically the same-,
this was basically what was done about
a year. ago. Since that time -we have seen some changes in our City -
the Fashion Plaza, increase of traffic on Merced and Sunset. Given
the conditions around this area a year later, before I can even
consider approving this, I would want to see a complete Environ-
mental Impact Report on circulation and impact.
Councilman Shearer: There are a couple of things that
bother me. I don't question Mr. Furst,
his letter, and so forth, but we have
seen property proposals come in many, many times that are not
followed up for various reasons.
Under MF-20, is the additional five
units per.acre bonus a matter of right if certain conditions are
met, or is that strictly a discretionary matter on the part of
the Council?
Mr. Wakefield: I think that is a matter of right if
certain conditions are met.
(He reviewed the Ordinance.)
Councilman Shearers It would appear to me that even though
this is not a zoning Hearing, we are
just taking a step in that direction.
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CITY COUNCIL
Hearings
General Plan Amendment
December 8, 1975
Page Thirteen
And, we may well be taking a step ultimately towards a proposal,
once it is zoned, which would permit 25 units per acre. I am not
saying that is good or bad, but I would urge my fellow councilmen
• to have that in mind at the time of the vote. A letter dated
August 27, 1975 may not be what is built. I direct your attention
to the corner of Francisquito and Sunset; a number -of development
plans have been approved for that pro erty, but none of them have
been built. (Also, Cameron and Azusa. So, I-wouldn°t put too
much reliance on our ability to hold to 20 units, if that is the
magic figure.
-Councilman Tice: Did you say., Mr. Miller, that the owner
has a preliminary set of plans?
Mr. Miller.: The Staff has plan checked the plans
and returned the marked up copy to the
applicant. The plan called out 20
units to the acre. He cannot file for
20 units to the acre until after this Amendment has been decided.
Mayor Chappell: In my first months on the Council, I
voted for a zone change at California
and Cameron. A beautiful plan was
presented to us; a beautiful plan was approved; the property was
sold and that plan was never built. You can now observe what was
built there because of the change of zone. We had no control over
that property; no legal steps could be taken to require that
property to be developed to the plan we as a Council approved.
If we leave the density as it is, can
the applicant apply for a Variance or some other type of approval
to build 20 units per acre?
Mr. Wakefield: No longer is the City permitted to
grant so-called Use Permits: that is,
Variances which permit a deviation
from the established zoning on the property so far as the use
itself is concerned. In connection with California -Cameron, I am
sure that you will recall, it was shortly after that we changed
our zoning procedure and the requirements thereto to require that
a person who desired a change of zone submit along with his
application a precise plan,of development. The reason for that
was we were not able to condition the zoning. If the precise
plan submitted was not acceptable there would be no point in
approving the ;zoning on a particular parcel. That is, however,
no.fool-proof guarantee that the property will be developed
according to that precise plan. But, at least, if the property
owner is willing to invest his time and money in the preparation
of a precise plan, that would indicate some intention on his part
to develop. If the precise plan is not followed in the development
of the .property, then a new application must come in for any new
precise plan. We also have in our Ordinance provision for periodic
• review of those properties which have been rezoned. We have tried
to do what is reasonably possible to insure developments.
Councilman Browne: Regarding the density factors, should
this developer bring in a precise plan
for 20 units per acre, and then decide
not to develop, and after a two year period another developer '
- 13 -
CITY COUNCIL
Hearings
General Plan Amendment
December 8, 1975
Page Fourteen
brings in a precise plan for 25 units per acre, under the bonus
system what are the requirements to gain the additional 5 units
per acre?
• Mr. Millers I cannot recall precisely, but they do
work in two areas. One is the amount
of open space provided per unit over
and above what the Code requires. The other is a dwelling unit
size that is larger than the minimum setforth in the Code. Given
today's economics, tightness of money, etc. (granted, that could
change), a person is going to obtain the highest yield with the
best product, and not necessarily put,any more into open space
than absolutely necessary.
Basically, the plan that we have
reviewed meets the requirements of the MF-20, but does not qualify
for anything higher than 20 dwelling units per acre.
Councilman Browne:
Isn't there a provision within that
zoning structure that should they go
larger size floor plans that they could
go to a high-rise?
.Mr. Mirler's
I don't believe so... 35 foot - 2 story.
Motion made by Councilman Tice,
seconded by.Councilman Browne to approve General Plan Amendment
No..1975-3•` Motion carried
on roll call vote as followss
AYES. Browne, Tice
NOES: Shearer, Miller, Chappell
ABSENTs None
a
y
COMMUNITY DEVELOPMENT.ACT',,,,
First Public Hearing held on November
QF 1974'(TITLE I)
24, 1975 and continued to this date
BLOCK GRANTS
for second scheduled Public Hearing.
Second year draft application for Federal
funds under the Housing and Community
Development Act of 1974 (Title I).
Mr. Gus Salazar This is the second of three Public
Community Redevelopment Hearings which we -are holding on the
Coordinator City's Community :: D.e,velopment Program.
Since our last Hearing, the Department
of Housing and Urban Development has
notified us that our grant has been reduced from $456,000 to
$418,000. I have a chart which allocates, in a preliminary fashion,
this grant.
Mr. Salazar reviewed the following
chart with the -City Council.
- 14 -
•
CITY COUNCIL
Hearings
Community Development Act
December 8, 1975
Page Fifteen
COMMUNITY DEVELOPMENT PROGRAM
1. Palm View Center $200,000
2. Security Lighting at Palm View Park 30,000
3. Architectural Barrier Removal 20,000
4. Recreation Program (Storage and Equipment) 10,000
5. Home Improvement Program 30,000
6. Comme.rcial'Improvement Program 100,000
7. Citizen Information (Planning Management) 5,000
8. Administration 10,000
9. Contingencies 13,000
$418,000
Mr. Salazars These figures will be presented
tomorrow night to the Citizen's
Advisory Committee for their
discussion, review and recommendation. At -this stage, it is
preliminary and it is more than likely that some of these
allocations might change.
Councilman Shearer: You mentioned three Hearings, is the
third one necessitated by the change
of allocations?
Mr. Salazar: It is required, and it was Notified,
that there be two "Need Hearings"
and a third Hearing for adoption of
the application.
THIS IS THE TIME AND PLACE FOR THE SECOND PUBLIC HEARING OF
TESTIMONY FOR OR AGAINST THE COMMUNITY DEVELOPMENT ACT OF 1974
(TITLE I) BLOCK GRANTS.
Motion made by Councilman Tice,
seconded by Councilman Browne to
continue the Public Hearing until
December 22, 1975. Motion carried.
AWARD OF BIDS
BID FOR PAINTING CITY HALL,
THE POLICE FACILITY AND
THE,PARKING STRUCTURE
Review Building and Safety
Over to December 22, 1975.
Bids were received in the Office of
the City Clerk up to 10:00 A.M.,
on Wednesday, November 19, 1975, and
thereafter publicly opened and read.
Held over from November 24, 1975.
Director's Report. Request to Hold
Motion made by Councilman Shearer,
seconded by Councilman Browne to Hold Over this Award until
December 22, 1975. Motion carried.
- 15 -
CITY COUNCIL December 8, 1975
Award of Bids Page Sixteen
PROJECT NO. MP-73003-1 LOCATIONs Sunset Avenue between Cameron
SUNSET AVENUE MEDIAN Avenue and San Bernardino Freeway.
LANDSCAPING
Review Engineer's Report. Bids received
• in the office of the City Clerk up to 1000 A.M., on Wednesday,
December 3, 1975, and thereafter publicly opened and read. Award
contract and authorize the Mayor and City Clerk to execute contract
agreement.
Motion made by Councilman Tice, seconded
by Councilman Shearer to accept the bid of Aldo's Landscaping
Company of Long Beach in the amount of $29,271.80, and to authorize
the Mayor and City Clerk to execute the contract agreement. Motion
carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice
Chappell
NOESs None
ABSENTs None
PROJECT NO. SP-74007-1 LOCATION: South side of West Garvey
TRENCHING AND BACKFILL Avenue and West Covina Parkway.
CIVIC CENTER SITE
Review Engineer's Report. Bids received
in the office of the City Clerk up to 10:00 A.M., on Wednesday,
December 3, 1975, and thereafter publicly opened and read. Award
contract and authorize the Mayor and City Clerk to execute contract
agreement.
Councilman Tices
Exactly what is going to be done?
Mr. Thomas: This is the work that is required for
the installation of the electrical
service which will provide power for
the street lighting system that will be installed along here.
The Edison Company installs the electrical portion of its the
City has to provide the trenching and backfill for the work.
Motion made by Councilman Shearer,
seconded by Councilman Tice to accept the bid of A. Art Braeger
of Upland in the amount of $4,949.95 for City Project SP-74007-1,
and to authorize the Mayor and City Clerk to execute a contract
agreement. Motion carried on roll call vote as follows:
PUBLIC WORKS
PARCEL MAP NO. 884 -
•
AYES: Shearer, Miller, Browne, Tice
Chappell
NOES: None
ABSENT: None
ACCEPTING CORPORATION GRANT DEED FOR
SEWER EASEMENT - SANGAVE DEVELOPMENT
CO., INC. (EICHENBAUM)
LOCATION: Southeast quadrant of Azusa
Avenue and Amar Road.
Review Engineer's Report.
- 16 -
CITY COUNCIL December 8, 1975
Public Works Page Seventeen
RESOLUTION 5153 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPTING
A CORPORATION GRAND DEED EXECUTED BY THE
• SANGAVE DEVELOPMENT COMPANY, INC. FOR
SEWER PURPOSES AND DIRECTING THE RECORDA-
TION THEREOF.
Motion made by Councilman Tice, seconded
by Councilman Miller to waive further reading of the body of
Resolution 5153. Motion carried.
Motion made by Councilman Tice, seconded
by Councilman Miller to adopt Resolution 5153. Motion carried on
roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice,
Chappell
NOES: None
ABSENT: None
PROJECT NO. SP-,76004 APPROVE PLANS AND SPECIFICATIONS -
9. CITY-WIDE AERIAL PHOTOGRAPHY
Review Engineer's Report. Approve plans
and specifications and authorize City Engineer to call for bids.
Motion made by Councilman Browne,
seconded by Councilman Miller to approve Project No. SP-76004.
Councilman. Tice: I am assuming that we get quite a bit of
use out of aerial photographs. Is there
any other way to get this type of informa-
tion without using aerial photographs?
Mr. Thomas: We have found this to be the most
effective method. These photographs
are widely used by City Departments for
land use work, preliminary engineering, locating facilities, etc.
This is the third time, at five year intervals, that we have updated
these aerials. We have gotten many, many dollars worth of use from
them in excess of what they cost us.
Councilman Brownes The Planning Commission has used these
numerous times. It has saved many man-
hours of on -site work.
Motion carried.
TRACT NO. 31472 ACCEPTING FINAL SUBDIVISION MAP -
KAUFMAN & BROAD
LOCATIONs South of Amar Road, east of
Nogales Street.
• Review Engineer's Report.
RESOLUTION 5154 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
FINAL SUBDIVISION MAP OF TRACT NO. 31472,
ACCEPTING AN AGREEMENT BY THE SUBDIVIDER
AND SURETY BONDS TO SECURE THE SAME.
- 17 -
CITY COUNCIL
Public Works
December_ 8 . 1975
Page, -Eighteen
Motion made by Councilman Browne,
seconded by Councilman Tice to waive further reading of the body
of Resolution 5154. Motion carried.
Motion made by Councilman Browne,
seconded by Councilman Tice to adopt Resolution 5154. Motion
carried on roll call vote as follows:
AYESs Shearer, Miller, Browne, Tice,
Chappell
NOES: None
ABSENT: None
PRECISE PLAN 257, R2 ACCEPTING CORPORATION GRANT DEED -
HOME SAVINGS AND LOAN ASSOCIATION OF
SAN DIEGO
LOCATION: Southwest corner of Sunset
Avenue and West Covina Parkway, West.
Review Engineer's Report.
RESOLUTION 5155 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPTING
A CORPORATION GRANT DEED EXECUTED BY HOME
SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO,
AND DIRECTING THE RECORDATION THEREOF.
Motion made by Councilman Shearer,
seconded by Councilman Miller to waive further reading of the body
of Resolution 5155. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Miller to adopt Resolution 5155. Motion
carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice,
Chappell
NOES: None
ABSENTs None
RECREATION AND PARKS
COMMISSION
(Next regular meeting Tuesday, December
16, 1975 at 7:30 P.M.)
HUMAN RELATIONS
(Next regular meeting Thursday, December
COMMISSION
18, 1975 at 7:30 P.M.)
YOUTH ADVISORY COMMISSION
(Next regular meeting Tuesday, December
16, 1975 at 7:30 P.M.)
ORAL COMMUNICATIONS
Mr. Richard Golden
I would like to address the Council
on behalf of the
regarding the initiative matter submitted
West Covina Fire
.
to the City Clerk by the Association.
Fighters Association
Mayor Chappell: We normally give about three minutes for
Oral Communications; can you do that in
three minutes?
-'18�-
CITY COUNCIL December 8, 1975
Oral Communications Page Nine'tedh` /
Mr. Golden: I would like to have more time, if the
Council would grant that.
Mayor Chappell: Does anyone object?
Councilman Shearer: I will, Mr. Mayor, if it comes down to
a debate between two attorneys over the
points involved. That could get pretty
lengthy, and I think it could be best accomplished at a time and
place prior to the Council:,:meeting. I don't believe that has been
done.
Mayor Chappell: Is this what you plan to discuss at this
time?
Mr. Golden: I would like to point out certain points
of law that the Association feels are
important in considering this matter.
I have no intention of involving myself in a debate. I feel that
the matter can be covered in a fairly brief period of time'.,' -
Mayor Chappell: Did you make any attempt to contact our
City Attorney to discuss this with him
before coming here this evening?
Mr. Golden: No, I haven't.
Mayor Chappell: Do you not think that would be the best
method of".conducting questions or debates,
and then come.to the Council if you cannot
resolve your disagreements? Or, do you prefer a public or open
debate, whatever we might have here this evening?
Mr. Golden: My intent is to bring the matter to the
Council's attention. It is not the intent
of my client or myself to avoid speaking
with the City Attorney concerning this matter. It is an issue that
is Agendized for this evening. It was submitted previously, and my
understanding was that some of the technical problems had been
ironed out. I was recently apprized of a new communication - a
letter of December 3, 1975 from the City Attorney, signed by Mr.
Wakefi;eld., I would request the opportunity to respond to that
and give the Council some of our -.thinking concerning the matter.
Mayor Chappell: The objection is to a debate. If we get
into a debate, I will declare you out of
order and ask you to sit down.
Mr. Golden: Alright. Basically, the letter I am
referring to of December 3, 1975, from
the City Attorney to the City Clerk,
concerns the,filin.g.'and acceptance of the petition proposed by the
.Association. .The letter indicates that the City Attorney is advising
the City Clerk not to file the petition, and cites as the main
Sreason, "-I noted in my letter of November 11, 1975, that Section
4005, Election Code, requires that each section of the petition shall
_ y
-.i9\-
CITY COUNCIL - December 8, 1975
Oral Communications Page :zTwntyryfY
bear'a copy of the intention and statement as published by the
proponents. The purpose of,this requirement is to inform the
voters who are asked to sign the petition with reference to its
purpose and.the reason for its circulation. No section of the
..petition,as submitted to you bears a copy of the Notice of
Inntention..."'
I do have, and would like to present
to,the Council at this time, a Declaration by Mr: CharlestB hii
a Fire Fighter of the City of West Covina, describing the pro-
cedures that were followed. This is more a matter of facts for
the 'Council to ,consider rather .than a legal -'arg-uuent Mr.
Wakefield concedes in his letter that the real purpose of the
Notice is to give Notice. I think, if the Council takes a look
at .,the documents, which include a copy of the blank petition
that -was circulated, a copy of the fact sheet, a copy of instruc-
tions'given.to each of the people circulating the petition, it is
apparent that all of the information required by a Notice of
Intention was available at the time that these matters were being
presented to the voters of the City.
I think it is also important to note
that there is a California -,'.Appellate' Court Case, the Case of Duran
vs. Cassidy, which is found iri `-8 C alifornia-_,,:aPpellat:e. ecisions
574, which clearly indicates that there is a very definite limitation
on the powers of a City Clerk in accepting or rejecting a petition.
Those powers are specifically limited to those issues concerning
whether or not the signatures are properly on the petition. In
fact, in the Section covering this matter, 4008 of the Elections
Code, it indicates that, "If from the foregoing..." that is'an
examination of the names, "...the Clerk determines that the number
of signatures prima -facie equals or is in excess of a minimum
number of signatures required by this Article, the Clerk shall
accept the same for filing, and it shall be filed as 'of the date
of the Clerk's determination." This is not a -situation where
there is a voluntary or non-specific requirement, it says %,, the
City Clerk shall accept the petition for filing..."
Based on first the technical ground,
I feel it was inappropriate for the Clerk not to accept the filing.
And, then going beyond that, the issue of what Notice was actually
given when this particular petition was circulated. I think, the
Council in looking at the facts as they have been presented, can
find that the intent of the requirement has been complied with.
With those few preliminary matters in
mind, I would certainly like to answer any questions that the
Council has concerning the particulars of the circulation of this
initiative petition and the position of the Fire Fighters con-
cerning the law.'as it relates to circulation of the petition.
Councilman Shearer: Are the Fire Fighters concerned with
getting the matter on the ballot, or
are they more concerned with what
• vehicle is used to get the matter on the ballot? Which is of
param unt 2, concern to the Fire Fighters?
Mr. Golden: I cannot'speak directly for the Fire
Fighters, but I would assume that they
would have no objection to having their
s ,
CITY COUNCIL December 8, 1975
Oral Communications" Page Twenty-one
initiative matter as stated in their petition put on the ballot
by any means. But, I cannot speak for them; they would have to
speak as to that sort of policy issue that is beyond the legal
issues involved.
•Mayor Chappell: Are there any more questions? (There
were none.)
Would anyone else like to speak under
Oral Communications?
Mr. "Patil__Barrett_ Speaking on behalf of the Fire Fighters,
846 S. Union on the same issue, I would like to take
Los Angeles, Ca. the opportunity to respond to Council-
man Shearer's question,,.and to ask a
question.
Agendized Item G-4, is that in reference
to the matter that we are now discussing?
Mayor Chappell: Yes, it is.
Mr. ; Barrett: ,? Would it be possible to see a copy of
that Resolution?
(He was provided a copy.)
There are some two pages in text here.
I would like an opportunity to look at them. Would I be afforded
the opportunity to address Council on this matter when it comes
up, or am I limited to this particular time?
Mayor Chappell: If the Council does not object, I,wil1
call on you to make a statement after
the City Attorney's statement and prior
to the City Council discussion.
Mr. `Barrett:, Thank you. At that time I will also
address Councilman Shearer's question.
THE MAYOR CALLED A RECESS AT 9:00 P.M. THE COUNCIL RECONVENED
AT 9:25 P.M. AFTER THE MEETING OF THE COMMUNITY REDEVELOPMENT
AGENCY AND THE MEETING OF THE PARKING AUTHORITY.
CITY ATTORNEY
ORDINANCE The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA,.,.CALIFORNIA, AMENDING
THE WEST COVINA MUNICIPAL CODE SO AS T0.
REZONE CERTAIN PREMISES (Zone Change No.
494 - City Initiated)
LOCATIONS: California Mini-Parkette - 851 S. California Avenue,
. Cameron Park--,1305 E. Cameron Avenue, Del Norte Park - 1500 W.
Rowland, Friendship Park - 3740 S. Sentous, Orangewood Park -
1615.W. Merced, Palm View Park - 1340 E. Puente, Walmerado Park -
624.E. Merced, Cortez Park - 2441 E. Cortez, Galster Park and
Baseball Park - 1620 E. Aroma Drive.
CITY COUNCIL December 8, 1975
City Attorney Page Twenty --two=
Motion made by Councilman Tice, seconded
by Councilman Shearer to waive further reading of the body of
said Ordinance. Motion carried.
Motion made.by Councilman Tice,. seconded
by Councilman Shearer to introduce said Ordinance. Motion carried.
ORDINANCE The City Attorney presented:
'INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
PART 16, SECTION 9216 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO UNCLASSIFIED
USES (Amendment No. 131)
Motion made by Councilman Miller, seconded
by Councilman Browne to waive further reading of the body of said
Ordinance. Motion carried.
Motion made by .Councilman Miller, seconded -
by Councilman Browne to introduce said Ordinance. Motion carried.
ORDINANCE NO. 1283 The City Attorney presented:
ADOPTED AN..ORDINANCE OF THE CITY COUNCIh OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
THE WEST 'COVINA MUNICIPAL CODE SO AS TO
REZONE CERTAIN PREMISES. (Zone Change
No. 493-A' City Initiated)
LOCATION: Southwest corner of Citrus
Street and the San Bernardino Freeway.
Motion made by Councilman Browne, seconded
by Councilman Miller to waive further reading of the body of
Ordinance 1283. Motion carried.
Motion made by Councilman Browne, seconded
by Councilman Miller tota.dopt Ordinance No. 1283. Motion carried
on roll call vote as follows:
AYES: Miller, Browne, Tice, Chappell,
NOES: None
ABSENT: None
ABSTAIN: Shearer
RETIREMENT BENEFIT & Mr. Wakefield: At your last meeting you
TAX RATE INCREASE asked the City Attorney to prepare and
PROPOSITION TO THE submit for your consideration the form
VOTERS of a proposal which would authorize the
City Council to submit to the voters of
the City those items of additional retire-
ment benefits which are contained in the initiative petition being
circulated by the Fire Fighters Association except extending the
benefits to those City employees who are..eligible under State law
to receive those benefits. This would include all employees in
three instances, and Policemen and Firemen only insofargh.s the
so-called CHP Plan is concerned.
I have drafted the form of a resolution
for your consideration simply as an illustration of the means Iby
which the proposal could be submitted to the people together with
CITY COUNCIL December 8, 1975
City Attorney Page Twenty-three
a form of proposition which would appear upon the ballot if the
City Council acts to adopt the resolution.
The instructions to me'also included the
consideration of alternatives. I have discussed the alternative
with reference to the exclusion or inclusion of the tax rate
increase along with the proposal. As I indicated in my letter,
the provisions of Senate Bill 90, the legislation establishing
maximum tax rates for cities, indicated that those retirement
benefits which were provided pursuant to a law which had been
approved by the voters of the people were not included within
the limits of the tax rate maximum tax rate, and the maximum
tax rate could be exceeded to pay for all such benefits. However,
as I view it, if the tax rate increase proposal is not included
as a part of the proposal itself, the voters of the City are not
fully informed as to the consequences of the action that they are
being asked to take in connection with casting their vote upon
the proposition.
In addition, I think it needs to be
pointed out that the form of the benefits which are proposed
are four alternatives which are available to cities and which
can be provided for city employees by amendment to the city's
existing contract with the Public Employees Retirement System.
At the time of the negotiations with the Firemen's Association,
the Firemen were considering and proposed to the City, and
appeared before the City Council to ask that Item No. 3 in the
list of -benefits (that is the survivor's benefits upon the death
of an employee) be included as a part of the benefits that were
provided for the Firemen, as a result of the Meet and Confer
Sessions. The additional benefits included in the petition were
not presented for consideration as a part of the Meet and Confer
issues.
All four of the classes of benefits are
alternative's in the sense that the City Council might submit
one or more or all four, as you may elect to act upon.
There is a Staff memorandum which sets
forth the costs of the improved retirement benefits as requested.
Obviously, the Staff can do nothing more than actually estimate
what it believes those benefits will turn out to cost in terms
of dollars. But, there is also on the City Attorney's Agenda
a resolution which would request the Public Employees Retirement
System to conduct a survey and to report back with reference
to the specific estimated costs of the improved benefits. So,
in order to have a reasonably accurate and precise figure, that
survey would need to be authorized by the City Council.
Councilman Shearer: Referring to the proposed resolution and
Ordinance, this has to do with the problem
of the tax rate, Mr. Wakefield. If I
understood you correctly, there is no legal basis for including
the tax rate. Is that correct; we do not have to do it?
Mr. Wakefield: You do not have to do it. In other words,
if the proposition for increasing the
benefits is submitted to the people with
- 23 -
CITY COUNCIL
City Attorney
December 8, 1975
Page Twenty-%ur.
•
nothing more and the people approve it, then automatically they
have voted to increase the tax rate.
Councilman Shearer:
If the tax rate is included and it passes,
and in subsequent years the cost of this
benefit goes up, what recourse does the
Council have?
Mr. Wakefield: Essentially, the form in which the
proposition is cast seems to impose a
maximum upon the amount of taxes that
could be levied for this particular purpose, and, if the point
should be reached at sometime in the future where that number
of dollars would not fund the cost of the additional benefits,
the City Council would be faced with the necessity to go back
to the people for additional authorization to increase the tax
rate further or would be obligated to find the money within
existing sources of revenue.
Councilman Shearer: If we went back to the voters at a
subsequent date - for illustrative
purposes, let us say the cost had
gone up five cents, and it was rejected would that amount to
rejecting of the benefits or... If this passed with the
specified tax rate, would the benefits be guaranteed for 99 years?
Mr. Wakefield: The benefits would be guaranteed to the
people who were employees at the time the
additional benefits were made available.
At sometime in the future, the City Council might amend the
contract to exclude new employees; that is, employees who became
employees after the date of exclusion. But, the rights of existing
employees at that time would have been invested.
Councilman Shearer: On page 2, the first Section 2, reading
from the botton,three lines, "...which
increase in the maximum property tax
should not exceed blank cents per $100 of assessed valuation of
all taxable property within the City." Could we add to give us
flexibility, "...in the City for the fiscal year 1976-77." Would
that allow us to add another cent or two in 1978?
Also, then the same question would be
down in the body of the proposed proposition if we would say,
"...which increase shall not exceed blank cents per $100 of
assessed value..." and adding the words, "...for the fiscal
year 1976-77." That would not tie us to say, for instance for
the sake of a figure, 33 cents.
In the first Section 3, would there be
any problem, as you see it, with making the effective date July
1, 1976 rather than 10 days after the date of adoption. The
reason I ask that question is that we have already set the tax
rate for 1975-76; and we have no money to fund such an increase
effective.10 days after March 2, 1976.
Mr, -,.,.,Wakefield,.: What is setforth in Section 3 is simply
verbatim language from the Elections Code
with reference to the effective date of propositions submitted
to the people. You will note that the Ordinance simply authorizes
and directs the City Council to take the action that is necessary
- �24 -
CITY.COUNCIL" December 8, 1975_
City Attorne"r Page Twenty—five
to amend its contract with the Public Retirement System and,
obviously,: that is going to take sometime. And, in order to
4 calculate costs to pay both the employees share of the
contribution and the City's share,,those amendments will need
• to be effective'as of a specific- date. I°would assume that
:would be the,'place that the effective date would be established.
However, there -is no objection to changing Section 3 to specifically
callout a time at which the Ordinance would become effective and.,
I would assume that in that event, by the time it did become
effective,-the.change.s in the Public Employees contract would
be adjusted -to become effective at the same time.
But, the theory of the Ordinance is,
again it goes back to what I consider to be a basic problem in
this particular circumstance, where the State law establishes
a procedure for the amendment of the contract between the .City
and the System and that procedure requires the adoption of
resolutions of intention,,, and ultimately the adoption of an
Ordinance implementing the amendments in the contract. So, the
thrust of this Ordinance simply is to authorize and direct the
City Council to take whatever action the law specifies for
amendment of a contract and does not become immediately effective
in the sense that as soon as the people vote on the proposal, if
.they vote affirmatively, that it will.amend the contracts at this
time
Councilman Shearers As written we could pass it; we could
make the contract amendment effective
at some future date. Obviously, if we
.made it 1985, I think we would have a law suit on our hands.
I am talking about July 1, 1976.
Mr. Wakefield: Yes, July 1, 1976 or January 1, 1977,
whenever.
Mayor Chappell: I may have missed the point using
specific dates. Would that not confuse
the voter? He might think that he was
voting'for something for only one year,,and not a continual tax
increase to pay for this project. The School Board limits the
time of taxation.to a certain number of years, and, when that
year ends so does the tax increase.
Mr. Wakefield: I guess that there are as many ways to
say things as there are scribners. I
would think that you have raised a
valid point and I would be inclined to redraft the language of
the Section to turn it around and put the referenceto the fiscal
year `1976-77 at the beginning so that the'tax rate for the
fiscal year 1976-77 shall not exceed so many cents, and thereafter
the amount that is required to fund the benefits.
Mayor Chappell: I think you will have to do that because
even myself, as a voter, I might say that
this is just a one year obligation,
great. Then the next time I got my tax bill, I might be unplea-
santly shocked.
Councilman Shearers Right. I have.no hang-up on the wording,
as long as we don't tie ourselves to a
specific income to fund the benefit which
might be insufficient at a future date.
r
CITY COUNCIL
City Attorney
December 8, ,19,75.
Page Twenty-six
Councilman Shearer: I have my questions answered. I am going
to propose that the City.Attorney redraft
the two Sections dealing with the tax rate
in such a manner that they provide this flexibility - the cost of
the benefit can be fully funded by future Councils,and,that it then
be placed on the ballot. Hopefully, we will get this back at our
next meeting. Will there be sufficient time by the next meeting
to still place this on the ballot?
Mr. Wakefield: Yes. I guess maybe Mr. Eliot would have
a better idea than I as to how long it
might take PERS to come up with some
figures. I do not think that information would be available by
your next Council`meeting, but in any event, I would prefer to
redraft the resolution and come back to you at your next meeting.
December 22, 1975 would not be too late.
Councilman Tice: Of the several items being proposed by the
City Attorney, there is one that concerns me
very deeply because it opens up Pandora's
Box and I do not think it'is really fair to put on the ballot.
That is to count military service or Merchant Marine service in
the retirement time. We don't have any cost figures for it for
one thing, and this could be quite a large amount. Someone could
spend 20 years in the service and work for the City only five; that
could be a pretty costly figure. I notice in the material that no
military buy-back time is shown. They don't know, it is too hard
to estimate.
I would propose that if we do put this on
the ballot that Item 2 be deleted.
I also have some questions about Item 1 -
using the high single year rather. than three years retirement.
There are some questions there; that could be pretty costly.
the military buy-back. Those two items really concern me, especially
Councilman Shearer: All four of the items concern me as a tax-
payer. I am not stating a position for or
against anyone of the particular items.
I am trying to respond to the petition,that has been circulated by
the Fire Fighters. As I recall, these are the four points that
are included in the petition. The highest single year rather than
three, military service, etc. These are verbatim from the petition
as we instructed Mr. Wakefield. That is the basic concept.
There are some legal differences between the two counsels. On one
hand our City Attorney advises us (and we are almost obliged to
follow his advice,or get a new attorney, and I don't say that
disrespectfully) to reject the petition. That,places us in a
position of being vulnerable to such comments that we are using
technicalities, loopholes, or whatever, to keep something away
from the voters.
• Each one of us, collectively or individually,
can campaign very vigorously if we so choose for or against the
particular items. If it were up to me, I might say no on all four,
but that says we are not going to put it on the ballot, and that is
the concept.
0
CITY COUNCIL December 8, 1975
City Attorney Page Twenty-seven
Councilman Tice: Councilman Shearer, I think if we follow
your logic on this, some cost factor has
to be given to the public on the military
buy-back. If this is adopted we have almost a 34 cents tax
increase, but we have no idea whatsoever on the military buy-back.
I do not think that is fair to the public.
Councilman Shearer: It would not be my intent to vote for
this to be placed on the ballot until
such time as we get the results from the
PERS with the full cost. 33 cents plus the question mark - it
may come out to be 50 cents; it may come out to be 38 cents. Put
the total amount on there, no question about that.
Mr. Wakefield: The military pay -back problem is a
difficult one to cost out because
theoretically, under the Statute, the
employee pays both halves of the contribution rate required. He
pays his own half plus the public agency"s half. Concededly, he
pays at reduced rates depending upon how long ago he came into
service of the City, and what his contribution rate was at that
time. It is for that reason that it is difficult to cost out -
you almost have to analyze it employee by employee.
Councilman Tice: Mr. Merrit, was it your intention to have
the military buy-back as part of your
petition?
Mr. Barrett:_v Yes, it was. And, military buy-back,.
for Council's knowledge, is an
individual item by employee as Mr.
Wakefield indicated. What is being asked here is the military
buy-back for time since this agency has contracted with PERS
is automatically included in your actuary cost of the program.
What this does is provide an employee who has military service
prior to -the time when this agency contracted with PERS, and
then -subsequently became an employee, to utilize that time.
And, they'are asking for the agency to pick up .that cost as well.
Councilman Tice: You are asking for the agency - the City
of West Covina, to pick up that buy-back
time.
Mr. Barreft:� Yes. You contracted in 1966, so we are
asking that any Fireman who had military
service up to a maximum of four years
prior to 1966'and wanted to use that time to retire at his
required age, that the City fund that. It effects a very few
employees.
Councilman Tice: That is quite an open deal. It really
bothers me from the standpoint that we
cannot show the taxpayers the actual
costs. We are taking a guess; we do not know if the rate we have
here is even valid.
Mayor Chappell: Mr. Eliot, would that information be
available to us by the time we put this
on the ballot?
- 27 -
CITY COUNCIL
City Attorney
December 8, 1975
Page Twenty-eight
Mr. Eliot: I have spoken with the•Actuary in
Sacramento, Mr. Yang. We would probably
have to go on their best estimate. I
don't know whether or not they would be able to accomplish a
• detailed study of each employee within the time limits to get the
item on the ballot. So, the best we can get is an estimate.
I would have to agree that probably the
dollar cost would not be too far off from the estimates because
it is not a large item. It is probably the smallest item of all
four you are looking at tonight.
Mayor Chappell: In dollars it might be the smallest, but
in taxpayers' thoughts it might be a big
item. It could shoot this down, and that
is not the object of putting it on the ballot.
Mr. Eliots I don't know.
Mr.. Barrett: ✓ I have been able to peruse the proposed
resolution.by Mr. Wakefield. Both
Section 2's where it leaves a blank to
the amount of money involved, I think is, obviously, very impor-
tant to us too. Our presentation to the citizens was over an
issue that we felt we were justified in asking for. We do want
and do request the Council to place it on the ballot as we
circulated it to the voting public of West Covina without.any
amendments or any additions. We feel that we have a good -faith
obligation to the 3100 citizens who signed the petition, who asked
for that'.in that precise manner.
In the retirement benefit that we are
asking",for• her.e., I think the Council addressed itself to the
question, "Well, if it is fair, let us be fair to all employees.
If it is a good benefit, let us extend it." But, the fairness
doctrine,,as t`relates to this particular item, does not relate
in other items th-roughout the employee benefits and the three
employ.ee;,organizations.. There are some substantial differences -
educational incentive.pay, etc. I went through and put a pencil
to those'in terms of'dollars and cents so you can realize what
we are. asking for here. The general employees realize about an
8 to an 82 percent increased overall wage package in terms of
their`benefits"more than the Fire Department employees. The
Police probably'runs a little closer to 10 percent; it!would
depend upon the level of participation in the educational incen-
tive program. So, what we did was, in terms of overall compensa-
tion7', try,to,balance within an area that has some high significance
and high priority for the men involved. The widows and orphans,
and the single highest year were the two that we pressed most
strongly for at the bargaining table and did not get. The two
percent at fifty and the military buy-back were on the table at
all times up until the last one or two sessions.
So, in terms of equality, we are asking for
• a retirement benefit that would bring our overall compensation
into line with the general and.Police employees of the City. The
resolution as drafted here would have a cost impact that I feel
would be unjust to the citizens of West Covina. Councilman
Shearer alluded to a 33 cent cost. I went through it and I came
up with somewhere between 28 and 32 cents just very quickly off
f
CITY COUNCIL December 8, 1975
City Attorney Page Twenty-nine
hand knowing the figures that I know. So, that is probably a
pretty accurate figure. We are asking for a 10 cents raise
because we feel that would fund our program. We are not asking
for it in negotiations; we are asking for it as a ballot measure.
Let .the voters themselves decide on it. This is a means of
resolving an impass issue that was.not able to be resolved during
Meet and Confer. If the voters do turn it down, the 10 cent item,
then we know where we stand. If they adopt it, we will feel that
we have simply accomplished an overall compensation package that
is on -balance with the'other employees of this City.
So, in answer to Councilman Shearer's
question, yes, I would object to this resolution in its present
form appearing on the ballot. We feel that this is not repre-
sentative of what we went out to do; it would not represent what
the 3100 people who signed the petition were in fact signing for.
Mayor Chappell: If we vote on this now, Mr. Wakefield,
what are we voting on?
Mr. Wakefield: I think Councilman Shearer's motion...
Councilman Shearer: I have not made one yet, but I will.
Councilman Tice: I have a question, Mr. Mayor. This
additional,information submitted by the
Fire Fighters Association this evening,
will it have to be checked out for validity?
Mrs. Preston: You will have to.check the legal aspects
of it with the City Attorney.
'Councilman Shearer: It would be my intention that if the
difficulties, disagreements, technicalities,
loopholes - whatever we wish to call them,
are worked out, and the petition, in fact, as presented by the
Fire Department is acceptable and qualifies for the ballot, it
would be my intention then to ask that the Council concur in
placing also on the ballot (in addition to the one for the Fire
Fighters) one for the Police and the Miscellaneous Employees.
So, if they do qualify, assuming that I have concurrence, we
would have one measure covering the Fire Fighters, and one
covering the Police and Miscellaneous Employees. The measures
with cost factors for each. Each one would have to carry its
own weight.
Councilman Tice:
I think that would be a fair approach
since it was the Fire Fighters who took
up the initiative petition.
Mayor Chappell:
You would have three.then - the Fire
Fighters, the Police and the Miscellaneous
Employees.
• Councilman Shearer:
You know, frankly, I would hate to.see that
because we might have associations working
against each other to further their own
cause. I would like
to see how the matter resolves itself with
the petition', before
we make a decision on that.
Mayor Chappell:
Mr. Wakefield, have we had a decision on
a petition?
- 29 -
•
0
CITY COUNCIL
City Attorney
December 8, 1975
Page Thirty
Mr, Wakefield: I have given my best advice to the City
Clerk. The matter was carefully researched
before the advice was given. I, frankly,
am not inclined to change that advice on the basis of anything
that has been said here this evening.
Councilman Shearers I would have no quarrel at this time if
the Council would prefer to instruct the
City Attorney to prepare three separate
issues - one covering the Fire Fighters, one covering the Police
and one covering the Miscellaneous Employees, rather than one.
Councilman Tices I think that seems like a more logical
approach.
Mayor Chappell: The Firemen.' -did initiate this, and they
did take around the petition and receive
some three thousand plus signatures. But,
in eight years on the Council, I have seen requests from each of
the organizations come, and when we give something one year,
within three or four years we had to give it to all of them.
So, therefore, I would say that we should put this on the ballot
in three separate propositions so that each voter will have the
decision to make.. Those 3,000 who signed,the petition - if they
come out and vote, in past history would carry it quite handily.
But, 3,000 votes are not too often accomplished even for election
to the City Council, so_..I only say to the.Firemen, "You have your
built-in voters.already.'" The other organizations have to work
to get their votes. .>.
If we give this just automatically to
one organization - especially these things that are highly
important, the Police have asked for these things time after
time, the other organizations are going to come in and ask
for it at the bargaining table, and then we will have another
impass. So, I agree with Councilman Shearer on the concept of
three.
We are attempting to do something that
we cannot do as Councilmen because of the laws that we have and
the budget. We cannot raise the taxes 10 percent to give the
item to the Fire Department even though they did pass a petition,.; '
If we could have, we probably would not have come to an impass
at the last negotiation. The only way that we,can allow this
increase of taxes is to allow the taxpayers to;,vote. for it,.and
give them what they are asking for.. Perhaps other cities'aro.und
us have done this already where they could afford.it.
Councilman Miller:, I concur with your comments.
Motion made by Councilman Shearer, seconded
by Councilman Tice to instruct the City Attorney,to draft three
separate ballot propositions covering the four_ additional benefits;
one for the Fire Fighters, one for the Police'Officers, and one ,for
the Miscellaneous Employees,incorporat.ing the intent.of the language
we discussed earlier to give us the flexibility for the tax structure,
and to instruct Staff to furnish estimates for the military pay -back.
Motion carried on roll call vote as followss
AYESs Shearer, Miller, Tice, Browne, Chappell
NOES: None
ABSENT: None
- 30 -
CITY COUNCIL December 8, 1975
City Attorney Page Thirty-one
RESOLUTION 5'156-} The City Attorney presenteds
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, REQUESTING
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM TO
• CONDUCT A SURVEY OF COST FOR IMPROVED
RETIREMENT BENEFITS. Staff Report.
Motion made by Councilman Tice, seconded
by Councilman Browne to waive further reading of the body of
Resolution 5156. .Motion carried.
Motion made by Councilman Tice, seconded
by Councilman Browne to adopt Resolution 5156. Motion carried
on roll call vote as followss
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION 5157 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL O'F THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING
TENTATIVE TRACT NO. 30233. (Leendert
Schonewille & Assoc.)
Motion made by Councilman Browne, seconded
by Councilman Tice to waive further reading of the body of
Resolution 5157. Motion carried.
Motion made by Councilman Browne, seconded
by Councilman Tice to adopt Resolution 5157. Motion carried on
roll call vote as follows:
AYESs Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION 5158 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DESIGNATING
TAXATION DISTRICTS FOR THE FISCAL YEAR 1976-77.
This is a routine Resolution that must be
adopted before the first of January of each
year.
Motion made by Councilman Browne, seconded
by Councilman Shearer to waive further reading of the body of
Resolution 5158. Motion carried.
Motion made by Councilman Browne, seconded
by Councilman Shearer to adopt Resolution 5158. Motion carried on
roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
- 31 -
CITY COUNCIL
City Attorney
December 8, 1975
Page Thirty-two
•
RESOLUTION 5159 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DESCRIBING
A CERTAIN PORTION OF THE CONSOLIDATED COUNTY
FIRE PROTECTION DISTRICT WHICH HAS BEEN
INCLUDED WITHIN THE CITY OF WEST COVINA AND
DECLARING THE SAME WITHDRAWN FROM SAID
DISTRICT. (EAst.erly Annexation District 220)
Motion made by Councilman Tice, seconded by
Councilman Shearer to waive further reading of the body of
Resolution 5159. Motion carried.
Motion made by Councilman Tice, seconded
by Councilman Shearer to adopt Resolution 5159. Motion carried
on roll call vote as followss
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
APPROVAL OF.EAST Mr. Wakefield: This item is accompanied
SAN GABRIEL VALLEY by a Staff Report which recommends the
REGIONAL OCCUPATIONAL approval of Agreement with the East San
PROGRAM AGREEMENT FOR Gabriel Valley Regional Occupational Center.
AFFILIATION WITH CITY and the City of West Covina for providing
OF WEST COVINA training for participants in the Occupational
Training Program.
Councilman Tice: This was discussed quite extensively by the
Personnel Board at their last meeting. It
is of no cost to the City; it is a work
experience program. I would like to recommend approval.
Motion made by Councilman Tice, seconded by
Councilman Browne to approve the Agreement. Motion carried on roll
call vote -as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
APPROVAL OF AUTOMATIC Mr. Wakefield: This item is accompanied
AID AGREEMENT BETWEEN by a Staff Report which recommends the
LOS ANGELES COUNTY FIRE approval of an Automatic Aid Agreement
DEPARTMENT & WEST COVINA between the Los Angeles County Fire Department
FIRE DEPARTMENT and the West Covina Fire Department. It is
a mutual aid type of response. In certain
areas both Companies will be called 'and both
will respond; the first one to arrive at the scene will be
responsible.
Motion made by Councilman Browne, seconded
by Councilman Shearer to approve the Agreement. Motion carried on
roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
- 32 -
CITY COUNCIL
City Attorney
December 8, 1975
Page Thirty-three
APPROVAL OF ASSIGNMENT
Mr. Wakefield: This item is the
OF JOINT"MANAGEMENT
approval of the assignments of the
AGREEMENT BETWEEN SYLVAN
Joint Management Agreement between
S. SHULMAN CO. & CITY OF
Sylvan S. Shulman Company and the
• WEST COVINA, REDEVELOP-
City of West Covina, the Redevelop-
MENT AGENCY & PARKING
ment Agency, and the Parking Authority
AUTHORITY OF THE CITY OF
of the City of West Covina to Union
WEST COVINA TO UNION BANK
Bank. They are the same Agreements,
which you considered as the Redevelop-
ment Agency and Parking Authority.
Motion made by Councilman Browne,
seconded by Councilman Miller to approve the Agreement. Motion
carried on roll call vote
as follows:
AYES: Shearer, Miller, Browne, Chappell
NOES: None
ABSENT: ,� None
ABSTAIN: Tice (conflict of interest)
CITY MANAGER
REQUEST FOR LEAVE OF
Motion made by Councilman Tice, seconded
ABSENCE WITHOUT PAY
by Councilman Browne to approve a leave
Danny Robertson
of absence without pay for Danny
Robertson. Motion carried.
REQUEST TO ATTEND LEAGUE Motion made by Councilman Tice, seconded
OF CALIFORNIA CITIES by Councilman Browne to approve the
REVENUE & TAXATION request. Motion carried on roll call
COMMITTEE MEETING,'THURS., vote as follows:
JANUARY 15, 1976 IN AYES: Shearer, Miller, Browne, Tice,
SACRAMENTO Chappell
NOES: None
ABSENT: None
Mr. Aiassa:
PETITION FROM WEST
GLENDALE STREET RESIDENTS
RE WALL (TOPA)
Gouneilman'".Shea.�re.r=i `. � :�:
hopefully,"before 30 or 40
The Revenue Taxation Committee that I
am on is the Committee that advises the
Board of Directors of the League.
Motion made by Councilman Shearer,
seconded by Councilman Browne to Receive
and File. Motion carried.
That is with the understanding that
things progress satisfactorily. If
not,I would want to hear from Staff
people come.
Mr. Miller: It is anticipated that the wall will
begin construction Monday or Tuesday
of next week and be completed by the
end of that week.
COMMUNITY FIRE PROTECTION Staff Report and a recommendation to
,MASTER'PLAN FUNDING transfer $5,000 from Revenue Sharing
into the Community Fire Protection
Master Plan Study Account.
Motion made by Councilman Shearer,
seconded by Councilman Miller to approve the Staff recommendation.
Motion carried on roll call vote as follows:
AYES: Shearer,
Chappell
NOES: None
ABSENT: None
- 33 -
Miller, Browne, Tice,
CITY COUNCIL
City Manager
December 8, 1975
Page Thirty-four
UNCLASSIFIED USE Motion made by Councilman Shearer,
PERMITS REVISIONS seconded by Councilman Miller to
Staff Report Receive and File. Motion carried.
• GOAL AND POLICY STATEMENTS Motion made by Councilman Shearer,
OF THE GENERAL PLAN seconded by Councilman Miller to
Staff Report Receive and File. Motion carried.
PROGRESS REPORT ON REQUEST Motion made by Councilman Tice, seconded
FOR REZONING BY MR.HOUSER by Councilman Browne to Receive and File.
Staff Report Motion carried.
1976-77 BUDGET REVIEW Request for Council meeting December 18,
Staff Report 1975, The'•Council indicated they could
all be present at 4:30 P.M. this date.
TRAFFIC COMMITTEE REPORT Councilman Browner I am not fully
EVANWOOD AND DURNESS satisfied with the Report that was
returned. The recommendation seems
to be getting deeper and deeper
involved. It seems like a long way around to meet the demands
of the people in a neighborhood seeking the safety of their
children. (He reviewed the recommendations by Staff.) I really
think that is a long way around to meet the demands of some of
our citizens.
Councilman Miller: Is it legal to have radar at 25 mph?
Mr. Thomas: Under the Vehicle Code provisions
relating to speed traps, we cannot
legally enforce the 25 mph speed
limit.;; using radar. It does support a 30 mph speed limit.
Councilman Miller: Then my feeling would be this. If
the multi -stop signs can be approved,
delete recommendations 4 and 8.
Councilman Tice: Isn't there another practical way that
this can be approached besides what has
be covered here in these eight items?
Councilman Shearer: I am going to make by "Defense of the
Engineer" speech again. I think I
have already made it eight or nine times,
but maybe some of our new Councilmen have not heard it yet.
In this case, I respect the comments
of Councilman Browne and the other. Councilmen, but I don't think
we can criticize the Traffic Committee. They are professional
people and make professional recommendations -based upon good
traffic engineering, which most of us are not, even though we might
like to think we are. If the Council wants to vote to put up the
stop sign, I think we ought to have a motion that says the Council
accepts the recommendation of the Traffic Committee, but we don't
• like it, or we don't believe it, and we want to put up a stop sign.
Any modern car, after it stops at a stop
sign could be in excess of the speed within 50 or 100 feet. Stop
signs are a poor excuse for controlling speed. They just don't have
- 34 -
CITY COUNCIL December 8, 1975
City Manager Page Thirty-five
the application. A stop sign. -All -placed also tends to breed
security. I can recall the other day - I caTi't recall just
where it was, but, we were driving along and we came to a stop
sign at a T=street and my wife, who is not a professional
• engineer, said, "That is a dumb place to put a stop sign."
Now, I didn't mean that disrespectfully, but that is one of
the principles of traffic signing. To put traffic control
in places where motorists don't expect it, it becomes not a
sign that is observed, but more aptly a sign that is not
observed and children walk across the street thinking that
automobiles.are going to stop. In that way we might well
encourage rather than discourage problems.
You may not agree, but I think that if
you want stop signs on Durness and Evanwood, the only way we
are going to get them is not to ask the Traffic Committee to
come in and make a recommendation to do it; we are going to
have to make a motion, vote on it, and then the signs are
going to go up.
Councilman Browne: While Iappree ne.- your comments, I still
have to disagree with the philosophy here.
I am not a traffic engineer, but if the
people in the City in a specific area repeatedly come before the
City Council with the request for stop signs, safety provisions,
I think we should grant their request.
Motion made by Councilman Browne, seconded
by Councilman Miller to install a three-way stop sign on the
corners at Evanwood and Durness.
Councilman Tice: Is there some other method of doing this
with :other types of signs and still meet
the recommendations of the Traffic
Committee to curtail the speed. Something new perhaps.
Mr. Thomas: The, most effective method of curtailing
speed is to so design the local streets
that through traffic is discouraged.
Curvelinear alignments are so designed to match the speed desired
on the roadway. That boat was missed 20 or 25 years ago in this
area. Any other approach is at best a "bandaid" treatment.
The stop sign request, though it has come
from the neighborhood and I am'sure that they are well-meaning in
what they are requesting, we have found from past experience as
have many others that it just doesn't answer the question. In
fact, it can breed more problems. Councilman Shearer eloquently
stated the viewpoint of the profession on this particular item.
These other recommendations, though they
are somewhat lengthy, are geared towards two things. One is to
provide an awareness to the driver that there is a school crossing
. at this location. The average driver will be more alert during the
period when children will be going to and from school. And, we do
have more tools available at the present time in the way of school
crossings and signs than we did in 1970. Additional signs have been
approved by the California Traffic Control Device Committee for
this purpose. You have seen some around the City. However, in this
area the signs lose some of their impact because there is already
posted a 25 mph sign that is not too highly regarded.
- 35 -
CITY COUNCIL December 8, 1975
City Manager Page Thirty-six
The recommendation regarding the raised
median and the enforcement are intended to (1) discourage through
traffic in the area - get the traffic out of there and you eliminate
the problem, and (2) the enforcement element is considered to be
: the most effective tool for controlling speed on the roadway. The
problem we are faced with,however, is the only practical method of
controlling speed on that short stretch of street is radar. And,
the speed limit currently posted is not enforceable by that method.
Hence,'the recommendation for a 30 mph speed limit.
These are the problems we are dealing
with, :We have examined the adult crossing guard; the location does
not. meet the criteria for an adult crossing guard based upon the
Standards adopted by the Traffic Committee. The primary reason is
an insufficient volume of traffic on the street. The complaint
does not center on traffic, it is primarily concerned with speed.
Re the recommendation for a sign on
Evanwood, it is in accordance with good engineering practice in
that it places the requirement for yielding right-of-way on the
minor street. -Based on traffic volume, Evanwood is the minor street.
There have been problems in the area with relation to high speed
turning movements into the intersection. In fact, the accident
which generated the most recent request involved a motorcyclist
who was turning at the intersection.
The problem on local streets is a very
difficult one to approach. The most effective tools are really not
available because of street designs. The next best thing is an
attempt to discourage or control use of the street. Signing alone
is not an effective means of control unless it is to warn the
motorist of a condition that appears to the average motorist to
be reasonable. The Traffic Committee tries to review everything
in an objective manner, base the judgments on sound engineering
practices, and the result of that process is what you have before
you tonight.
Mayor Chappell: When do you think recommendation number
8 could be completed?
Mr. Thomas: We have recently been required to submit
a transportation improvement program to
SCAG for the use of Federal aid funds
that are expected to be allocated for the 1976-77, 77-78 fiscal
years. The project that we would be doing with those funds would
be on Sunset Avenue in this area, including the installation of a
raised median, widening and installation of a drainage facility.
It is conceivable that if we proceed with that program that it would
be within three years that the raised median could be installed.
Councilman Miller: I am not an engineer, so from a layman's
standpoint, it seems to me to raise the
speed limit on the street 5 mph and then
setup radar, it is pretty hard to justify to the people in the area
the reason for raising the speed. It still calls for a policeman
to be down there to work the radar. Given the fact that you have a
stop"sign there to be observed, what is the difference if the
policeman is sitting there to watch a stop sign or radar? I don't
see the difference. With the stop signs, at least, the speed is
still 25.mph.
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CITY COUNCIL December 8, 1975
City Manager Page Thirty-seven
Councilman Browned I would like to further allude to your
sophisticated signing. I travel Cameron
Avenue every morning somewhere between
the hours of 7130 and 9:00. It is not a .det;errentto speed because
I adhere to the speed along there, and every car that goes along
there is doing.a minimum of 40 mph. So, you don't have enough
radar within the City; you don't have enough policemen within the
City to enforce all of these things. Item number 8 cannot be
implemented for another three yearq,. I would go along with all
of this; I appreciate your comments and concerns. But, we have
concerned citizens. If there is such a time when all of these
items here can be implemented, remove the sign from Durness if
you think that -is going to do it. But, at this juncture, I think
that we have to take some sort of emergency action to meet the
needs of the people down there.
Councilman Tice: Would you consider amending your motion
to request review of the situation in
6 months or a year?
Councilman Brownes I would be open to anything that would
get something done down there at this
time. If all of these other items can
be implemented at sometime in the future and they take care of the
problem down there, it would be justified. But, until such time
as something better comes up, I still stand on the three,stop signs.
Mayor Chappell: One comment was made that we cannot radar
25 mph cars, but'here is a recommendation
that the Police Department be authorized
to use radar equipment on Durness Street between Sunset Avenue and
California for the purpose of effectively enforcing the 25 mph speed
limit. Is -that an incorrect statement?
Mr. Thomas: That was a recommendation made in 1970.
At that time it was legal to do that; it
has since changed.
Councilman Shearer: That is another example of the State
legislation designed to protect somebody.
In this case, I guess it was designed to
protect speeders, and helped to create the problem we have as well
as many others.
Mayor Chappell: I would like to see you include updating
of the signs in the area to warn the
motorists of the situation.
Councilman Browne: Alright. I can modify that. But, my
interpretation of the Staff recommenda-
tion was that they were giving alter-
nates to what I was asking for. I would not hesitate to ask for
the updated school signing, but I don't know what the centerline
striping would provide. I have not seen any plans; would that be
• the whole distance of the street?
Mr. Thomas: The intent of the Traffic Committee Report
would be to place a skip yellow centerline
the full length of the street between
California and Sunset.
If the stop sign were to be approved,
under the Vehicle Code the school zoning signing should actually
be removed because it calls for a condition in conflict. It calls
for a "slow" condition, rather than a "stop" condition, and the
stop sign would take precedence.
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•
CITY COUNCIL December 8, 1975
City Manager Page Thirty-eight
With regard to enforcing the school
zone signing, the section of the Vehicle Code that establishes
the 25 mph prima facie speed limit for school zone signing, I
believe is exempt from that Radar Speed Trap portion of the
legislation. So, within the limits of the school zone, conceivably
you could use radar to enforce that speed limit even though the
speed limit was not supported by a Traffic Engineering Study
because that speed limit is specifically adopted for school zones.
However, the problem we are faced with on Durness is that the
length of the school speed zone is extremely short.
Mayor Chappell: Alright, we have a motion, is there
any more discussion?
Motion carried on roll call vote as
follows:
AYESs Miller, Browne, Tice, Chappell
NOES: Shearer
ABSENT: None
REQUEST FROM CALIFORNIA Mr. Aiassa: We just received a request
TEAMSTERS FOR FINANCIAL from the California Teamsters to
STATEMENT furnish a financial statement for the
period ending June 30, 1974 and June 30,
1975. We can provide the 1974 with
Council::>permission, but we haven't closed, the books yet for 1975•
Mayor Chappell:
Mr. Aiassa:
Councilman Shearer:
Mr. Aiassa:
CITY CLERK
REJECTION OF PETITION FOR
INTIATIVE ORDINANCE
RELATING TO INCREASED
BENEFITS FOR FIREMEN
CITY TREASURER
MAYOR'S REPORTS
Mayor Chappell:
any other time of the year.
Saints for calling this to
Have we been served with a Summons for
this or a letter of request?
A letter of request. I will turn it
over to the City Attorney.
I don't know why Council approval is
needed; it is a public document.
I wanted to advise the Council so that
they wouldn't come back and say I did
not acknowledge their letter.
Motion made by Councilman Shearer,
seconded by Councilman Tice to Receive
and File. Motion carried.
None
Mayor Chappell presented a request to
proclaim December 22-29, 1975 as
"Family Unity Week."
This is timely in my in my mind. This
is the Christmas season; a time when
families probably get together more than
I thank the Church of the Latter Day
our attention.
If there are no objections, I will
proclaim "Family Unity Week" - December 22-29, 1975.
CITY COUNCIL December 8, 1975
Councilmen's.'Reports/Comments Page Thirty-nine
COUNCILMEN'S REPORTS/COMMENTS
Councilman Shearer: We might not all agree on where stop
signs should be, but I am sure we can
all agree on one thing';.- the high
school football teams of West Covina have had an outstanding year.
I had dreams that I could attend a football game in a couple of
weeks where both teams were from West Covina competing for the
CIF Championship. But, like a lot of dreams, it didn't come out.
I think West Covina High School showed itself very well last
Friday, losing a very tough game. I am sometimes very hesitant
about making awardsto winners, that is sort of our system:,- the
winning team.gets the recognition. The other teams of our
community have probably been just as deserving, but we cannot
give everyone a resolution, and I would like to make a resolution.
RESOLUTION' 5160 AI;ESOLUTION OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA,
COMMENDING THE 1975 WEST.-COVINA HIGH
SCHOOL VARSITY FOOTBALL TEAM.
(To be perma plaqued and presented to
the team.)
Motion made by Councilman Shearer,
seconded by Councilman Browne to waive further reading of the
body of Resolution 516.0. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Browne to adopt Resolution 5160. Motion
carried on roll call vote as follows:
Councilman Miller:
AYES: Shearer,
Chappell
NOES: None
ABSENT: None
No comments.
Miller, Browne, Tice,
Councilman Tice: Yes, I have several items.
I requested Staff to look into the
possibility of obtaining some more folding chairs - about 100,
and some more folding tables - about 18, for use over at Cortez
Recreation Center, and the Youth Center. We are very short of
these and every time we have an affair, we don't have enough.
Mr.. Salazar: I think the request was presented to me -
whether or not we could use Community
Development Funds for this. We can,
but unfortunately it won't be until June, 1976 when our second
grant is approved. That is one source; the other source is,
obviously, revenue 'sharing.
Councilman Tice: The bid that I have from Recreation and
• Parks is: in lots of 100, it would be
$7.95 per chair, and the tables would be
$15.00 each.
Mayor Chappelli. Would we have to go to bid on that?
Mr. Eliot: No, not on anything under $3,500.
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0 ,.,
•
CITY COUNCIL
Councilmen's Reports/Comments
December 18, 1975
Page Forty
Councilman Tices I think it would be worthwhile. At
the last Sr. Citizens affair I attended
some of those people -,had to stand and
we used all'of the chairs available from the City. It has been some
ten years since we have had any new chairs or tables, so we are
about due.
I would like to get a firm bid for
Council decision at the next meeting, if possible.
Councilman Browne: Did you want to take it out of revenue
sharing?
Councilman Tice: Let us see what Mr. Aiassa can come
up with.
Mayor Chappell: Could we loan that money until the time
you funds come in,Mr. Salazar?
Mr. Salazar: The problem with that is that any City
expenditure that has already taken place,
and then to turn around an be reim-
bursed with these funds doesn't seem to be in light with the intent.
Councilman Tice: Why don't we see what we are talking
about cost -wise first.
The other item I wanted to mention is
that the Mayor, Mr. Salazar and myself attended an awards dinner
over in Hollywood the other night given by the National Rehabilita-
tion Association. Our City was given an award for the efforts we
have made towards the disabled, physically handicapped people.
We are the first small city to receive this award. I think Mr.
Salazar, who has done a lot of the leg work in this area,.should
be commended for his efforts.
As you know,Councilman Shearer and I
are the representatives to the Board of Directors for the Mid -Valley
Mental Health Council. On January 22, 1976, they are having their
annual dinner. If you gentlemen could hold open that night, we
would appreciate having the whole Council there, and any of the
Staff members who would like to attend.
I also received a letter from the Mid -
Valley Health Council requesting that we talk with Supervisor
Schabarum regarding funding in the coming year. Perhaps after the
first,of the year, it might be appropriate if Mr. Aiassa sets up
a meeting between Supervisor Schabarum, Councilman Shearer and
myself.
Councilman Browne: The Mayor and I met with the Superintendent
and two School Board members of the Rowland
School District. There were several.` items
of concern on both parts. Umark is proposing to donate to the District
a school site which will be up in the Bowl area. The Planning
Commission has already reviewed the offer and made certain recommenda-
tions. There will be a slight trade-off on the park site. However,
the City will come out just as well for recreational areas because
they incorporate the park and the school site which benefits both
the City and the District.
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' CITY COUNCIL 'December 8, 1975
Councilmen's Reports/Comments Page Forty-ohe
•
U
There were a couple of vague areas.
There was a statement that should the District not construct a
school within a reasonable period of time that this property would
then revert back to the City to be used as a park site. This
concerned the School Board because.a "reasonable period of time"
would have to be'determined by a certain set of criteria. Their
problems are very much the same as ours with bond issues, funding,
etc. for building. They explored alternatives such as placing a
temporary building on,the site, but running off -the -top cost
factors, that would not cost too much less than building a
permanent school. A "reasonable period of time" could go on and
on and on, but we wanted to draw something more definitive.
So, Superintendent Oswald said that a normal criteria for an
elementary school would be around 600 students. At the present
time they have 175-students in the area. Projections of our
City Staff and Umark indicate that the area will probably be
developed within 3 to 4 years and will generate this number of
students.
The School Board is going to go
back and establish criteria and possible means for'bid1ding a
school on that site. At the same time, Ron Sloan of Umark was
instructed that developers in the area should make it'very clear
to purchasers the conditions that prevail. It was also decided
that a sort of PR, informational service, on the part of the
District and the City be implemented to speak with citizens
who want to know more about the ;--prevailing conditions.
At that point we stopped the meeting.
We cannot make a move until such time that the School Board makes
a decision. The Board was urged to come up with a decision within
a reasonable time because it is holding up a development in that
area. They agreed that was only fair to the developer.
Mayor Chappell: It is going to take 3 to 4 years to
have the students in the area to
warrant a school, and then a couple
of years to build it, so it is going to take some 6 years before
there is a school and then only if the funds are available. Since
the City doesn't have the funds to develop a park site, we are
probably better off with this approach. Hopefully, the District
will be able to build the school and we can move in with our
recreation programs,as we do in many other elementary schools
throughout our City.
This is the best of a bad situation
over there. If anyone talks to us about a school site, it is
6 years away or more, so no one should be encouraged at this point.
We are working on it, and trying to approach it in a proper manner.
The developer giving land to the School District is a new approach;
if you remember, the school sites were to be sold. At least the
District will not have to worry about funding for the property.
Councilman Browne: Umark indicated that should this
proposal come up today, they would
not be able to do it. But since the
idea came up over a year ago, they are going through with it.
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4d
CITY COUNCIL
Approval of Demands
APPROVAL OF DEMANDS
ADJOURNMENT
ATTEST:
CITY CLERK
December 8, 1975
Page Forty-two
Motion made by Councilman Browne,
seconded by Councilman Tice to approve
Demands totalling $456,968.74 as
listed on UCB 5L867 and 53087; and
BA 356-7, registers 1 and 2. Motion
carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice,
Chappell
NOES: None
ABSENT: None
Motion made by Councilman Shearer,
seconded by Councilman Browne to
adjourn the meeting at 11:00 P.M.
until Monday, December 15, 1975 at
4:30 P.M: in the City Manager's
Conference Room. Motion carried.
APPROVED:
MAYOR
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