04-26-1976 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
APRIL 269 1976.
The regular meeting of the City Council called to order at 7:30 P.M.
in the West Covina Council Chambers by Mayor Nevin Browne. The
• Pledge of Allegiance was given followed by the invocation by.the
Reverend William J. Gorfine of the United Methodist Church.
ROLL CALL
Present:
Mayor Browne; Councilmen: Miller,
Chappell, Shearer, Tice
Others Present:
Leonard Eliot, Acting City,Mfan-ager
Lela Preston, City Clerk
Carl Newton, City,Attorney.
Michael Miller, Public Service Dir.,
Harry Thomas, City Engineer
Ramon Diaz, Planning Director
Gus Salazar, Redevelopment Coordinator
Gloria Davidson, Deputy City Clerk
Renee Futter, Administrative Intern
Bill Freemon, Staff Reporter — S.G.V.D.T.
Eric Cohen, Staff Reporter — Sentinel
,APPROVAL OF MINUTES
Motion by Councilman.,Tice to -approve the
minutes of the City Council meeting of
April 12, 1976; seconded by Councilman
Miller and carried.
CONSENT CALENDAR
Mayor Browne explaine.d the procedure of
the Consent Calendar items and asked if
•
there were questions or discussion on
any of the following items:
1. WRITTEN COMMUNICATIONS
a) STEPHEN WARREN
Attorney on behalf of West Covina
SOLOMON, INC...
Police Officers Association re remov—
al of election days as holidays.
(Refer to City Attorney)
b) SUPERVISOR KENNETH HAHN
Re proposed ballot measures relating
to a County Mayor and an increase of
members to the.Board of Supervisors.
(Council)
c) CITY OF COVINA
Requesting withdrawal of Southerly
RESOLUTION NO. 3418
Annexation District 67 from West
Covina Sewer Maintenance District.
(Refer to City Attorney Agenda Item
No. D-3)
d) V.F.W. WEST COVINA POST
Requesting permission to sell U.F.W.
No. 8620
Buddy Poppies in the City, May 21st
and 22nd, 1976. (Approved in prior
'
years. Recommend approval)
• 2. PLANNING COMMISSION
a) SUMMARY OF ACTION
April 21, 1976.' (Accept and file)
b) SLIGHT MODIFICATION
(Ms. Sharon Embrey, 242 N. Bromley
NO. 62
Avenue)
•
L�
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CITY COUNCIL
CONSENT CALENDAR — C(ont'd.
3. YOUTH ADVISORY COMM.
k
4.. ABC APPLICATIONS
a) Russell Lee Chantry
10508 So...Memphis
Whittier, Ca.
b) The Southland Corp.,
P.O.Box C-19527
Irvine, Ca.
Heon Joo Park
Chung Ai Park
3345 W. Artesia Blvd. #5
Torrance, Ca.
c) Kenneth G. Miller
19 Mill Creek Highway
Mentone, Ca.
5. TRAFFIC COMMITTEE
MINUTES
Page Two
4/26/76
Minutes of April 1, 1976. (Receive
and file)
Chief of Police recommends NO PROTEST.
dba CHANTRY LIQUORS
1005.East Amar Rd.
dba 7—ELEVEN FOOD STORE
2887 East Valley
dba STAGE COACH GRUB SHACK
642 So. Sunset Avenue
April 20, 1976. (Accept and file)
6. CITY TREASURER
Report for month of March, 1976.
(Receive and file)
7. ACCEPTANCE OF IMPROVEMENTS
AND/OR RELEASE OF BONDS
a) TRACT NO.'26883
Location: Woodside Village
DONALD L. BREN COMPANY-
Woodlane Drive and Ridgewood Drive.
Accept street and storm drain im—
provements -and authorize release of
The American Insurance Company Faith—
ful Performance Bond No. 7204068 in
the amount of $13,000. (Staff
recommends acceptance)
b) TRACT NO. 31481
Location: Woodside Village
KAUFMAN & BROAD-
Adrienne Drive, Bonnie Street,
Belinda Street and Angela Street.
Accept construction of mainline sewers
and laterals and authorize release of
American Casualty Co. of Reading,
Pennsylvania Faithful Performance
Bond No. 5543319 in the amount of
$439000. (Staff recommends acceptance)
c) TRACT NO. 32580
Location: Woodside Village
DONALD L. BREN COMPANY
Greenleaf Court, April Way, Gemini
Street and Giano Street.
Accept: a) Sidewalk, water line and
sewer improvements and authorize re—
lease of The American Insurance"
Company Faithful Performance Bond
No. 720 39 79 in the amount of
$121,000; b) Storm drain improvements
and authorize release of The
American Insurance Company Faithful
Performance Bond No. 7203989 in
the amount of $1139000; and c)
Setting of monuments and authorize re—
lease of The American Insurance
Company Monument Bond in the amount of
$19610. (Staff recommends acceptance
and release of bonds.)
ITEM I—b
Councilman Shearer: Mr. Mayor, a
RE PROPOSED BALLOT
few meetings ago
MEASURES
I indicated a
reluctance to take positions on ballot
propositions unless they directly
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CITY COUNCIL Page Three
CONSENT CALENDAR 4/26/76
affected the City as a City. I think this one as another one that
I will bring up a little later this evening do affect the City
because we deal almost weekly with the Supervisors Office and I
feel there is a need for a separation within the Board of Super-
visors from the Administrative and Legislative functions, which
• are the goals proposed by'the Committee appointed `sometime ago and
made their report,,and following that report the Board has prepared
these two propositions to be placed on the upcoming ballot. I. for
one, favor them and I would like to see Council go on record in
support.
Councilman Shearer moved that the West Covina City Council go on
record as supporting ballot propositions calling for a County mayor
and calling for an expansion of the Board of Supervisors; seconded
by Councilman Chappell.
Councilman Chappell: Mr. Mayor, I would like to comment. I
certainly favor the enlargement of the
Board of Supervisors to at least 9 and
primarily the reason for that is the tremendous size of the area the
Board members look after. Pete Schabarum has some 22 or more cities
in his jurisdiction. I really think that we could have better
rapport and closer ties with a supervisor governing a smaller area.
The idea of having a Mayor I haven't been able to make a personal
decision on that at this time. Having one has a tremendous amount
of problems as well, but at this time I will support the portion of
the motion re the addition of supervisors to 9.
Councilman Tice: Mr. Mayor, I am somewhat confused in the
way the proposition was put together.
It seems to me just looking at this
that there could be a problem of pinpointing the exact responsibility
for the matter, so I have some questions. I would like to talk to
• our City Attorney about this at another time and get an interpretation.
Councilman Miller: Mr. Mayor, at this point I am personally
not supportive of it. I am for
governmental change, and I agree as far
as the County is concerned we need to go in another direction than
from its current status but the Governor's Office is in the process
of studying secession, so until I have more input from secession I
don't want to jump ahead of this. I realize this is going to
possibly -come before the voters before anything is established on
secession but also the cost factor has not been clearly thought
out. I would need a more detailed breakdown before supporting
something like this.
Motion by Councilman Shearer that this matter be tabled; seconded
by Councilman Tice and carried.
Councilman Shearer: Mr. Mayor, while on this subject, I
would encourage my fellow councilmen to
look at this in a little more detail
because it is my intention in two weeks to bring it back on the
floor for a vote. I had a feeling it would be defeated tonight so
maybe in two weeks you will have some more information.
ITEM 5-a Councilman Miller: Mr. Mayor, I would
• TRAFFIC COMMITTEE like to get staff's
MINUTES (ITEM XI) input on this. Do
you feel at a later time if we have to
down zone this that it will not be much
of a problem? I wonder if we should come in at a speed of 45 which
in essence will average out at what we are looking at here but never
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CITY COUNCIL Page Four
CONSENT CALENDAR — Traffic Com. Minutes 4/26/76
really have to down zone it and if we end up at 55 it is rather
difficult to down zone if necessary when people are used to
going at that speed.
Mr. Thomas: Mr. Mayor and members of Council, our
experience has shown that as an area
develops traffic volumes 4..ncrease and
congestion increases that speeds tend to drop�,of'.their own accord.
An example of this is Azusa Avenue between Francisquito and Amar.
Originally it was posted at 55 MPH when opened in 1968. Two years
ago it was down zoned to 50, based on the changes in the present
traffic on the roadway. In reviewing the situation on Nogales that
is a borderline street between Walnut and West Covina and does re—
quire the concurrence of both jurisdictions which does add addition—
al time and red tape to the down zoning of any speed along there.
It was our feeling that the speed of its own accord will decrease
as development occurs close to the roadway; at the present time there -
is no development whatever on the alignment .of that roadway within
the City of West Covina. At that time we feel it would be appro—
priate to redo the speed survey and recommend a speed appropriate to
the conditions occurring and then that speed zone would be effective
for a substantial period of time. The indicated zone, as things stand
now, would be 50 MPH; however it was our feeling there isn't much
difference between 50 and 55 MPH speed limit and we did not feel that
the posting of 55, which is the State maximum, would have a signifi—
cant effect on speeds. Our experience has been when speed limits
are increased the impact is in the order of 2 to 3 miles per hour.
maximum on the 65th percentile all other things being equal and that
other things in the area occurring will tend to reduce the speed.as
time progresses.
Councilman Chappell: I have one problem with this — raising
the speed limit — and that is at the
iscorner of Amar and Nogales. That is a
sharp left turn and the faster we let traffic go along there the
more apt we are -to have accidents even though we posted 40 MPH
because those going 40 MPH have a little bit of control coming to
that intersection Whereas when you are up to 55 MPH the opportunity
of controlling.your car is greatly reduced, I would say. That was
the concern I had at that particular location.
Mr. Thomas: This is true. There is a 90 degree
turn at that intersection. The State
Vehicle Code is so structured that they
consider the appropriate method of handling that.type of thing is to
post a warning sign advising the speed, which is the condition that
exists there at the present time, and based on the actual history
and traffic volume there we have not identified any unusual pro—
blems as far as accidents in that area.
Mayor Browne: You do have a diminishing speed factor
posted there — isn't it posted prior
to coming to that intersection?
Mr. Thomas: Yes, that is correct. .There is a curve
warning sign posted with a_15 MPH
advisory some three or four hundred feet
in advance.
• Mayor Browne: And you also stated this had to be a
joint agreement between the City of
Walnut and the City of West Covina?
Mr. Thomas: Yes, it would require the adoption of
ordinances by both jurisdictions other
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CITY COUNCIL Page Five
CONSENT CALENDAR - Traffic Com. Minutes 4/26/76
than the 55 MPH speed..
Mayor Browne: Have you made any approaches in this
direction?
Mr. Thomas: Yes, we have contacted the Traffic
• Advisor for Walnut but at the present.
time they have not.taken any posit -ion
on establishing the.speed zone there.
Councilman Tice: Mr. Thomas, what is the status of light-
ing on Nogales? I ran out of gas there
a few weeks ago and it is really black
there.
Mr. Thomas: There is'no lighting there because there
is no power. When there is power avail-
able Unmark Company will install lights on
our side of the street, I don't know about the Walnut side at this
time.
Councilman Shearer: Since we broughtth: s ,u.p,-in I talked
to Mr. Thomas this morning and I questioned
the need to.place the 55 MPH speed limit
sign. We are not actually raising the speed limit because as I
understand it the speed limit as it now stands is 55 and that is the
maximum anywhere in the nation. So I don't think it is necessary to
put up a 55MPH sign. I understand from Mr. Thomas it is enforceable
whether we have a sign up or not and it is a little added expense
and as pointed out it might be a little more difficult to lower it
if we give some sort of concurrence by posting it.
Motion by Councilman Shearer that no 55 MPH speed limit signs be
placed on Nogales; seconded by Councilman Tice and carried.
• Motion by Councilman Shearer to approve the Consent Calendar items
with'the exception of the two items discussed; seconded by Council-
man Miller and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
GENERAL_ATENDA ITEMS
AWARD OF BIDS
PROJECT NO. TS-75004
TRAFFIC SIGNAL
MODIFICATION
publicly opened and read.
bid received.)
Location: Intersection of Sunset Avenue
and West Covina Parkway.
Bids were received in the Office of the
City Clerk up to 10:00 A.M., on.
Wednesday, April 21, 1976, and thereafter
(Council reviewed Engineer's report: One
Motion by Councilman Chappell to accept the bid of C.T. & F., Inc.
of Bell Gardens in the amount of $9756. for City Project TS 750049
0
and authorize the Mayor and City Clerk to execute -an agreement with
C.T. & F. Inc., for the work to be done; seconded by Councilman Tice
and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
• ABSENT: None
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CITY COUNCIL
Page Six
PUBLIC WORKS
4/26/76
TRACT NO. 31147
Location: Adjacent and northerly of Wood-
BUTLER-UMARK
gate Drive and easterly of Shadow Oak
Drive - Bowl Area.
(Council reviewed Engi.neer's report)
RESOLUTION NO. 5229
The City Attorney presented:
• ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROV-
ING THE FINAL SUBDIVISION MAP OF TRACT
NO. 31147, ACCEPTING AN AGREEMENT BY THE
SUBDIVIDER AND SURETY BONDS TO SECURE THE
SAFE.
Lotion by Councilman
Tice to waive full reading of said resolution;
seconded by Councilman Miller and carried.
Motion by Councilman Chappell to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES:
Miller, Chappell, Shearer, Tice, Browne
NOES:
None
ABSENT:
None
PROJECT TS-76009
Location: Intersections of Glendora Ave.,
UNDERGROUND TRAFFIC
and Merced Avenue; Glendora Avenue and
SIGNAL SERVICES
Cameron Avenue; Glendora Avenue and Vine
Avenue; Glendora Avenue and Christopher
Street; and Glendora Avenue and Valinda
Avenue.
(Council reviewed Engineer's report)
Motion -by Councilman Chappell
to approve transfer of $2,400 from
Small City Cooperative
Project fund SP-76010 to Project TS-76009;
and authorize issuance
of purchase order to Traffic Signal Mainten-
ance Company;.seconded
by Councilman Shearer and carried on roll
• call vote as follows:
AYES:
Miller, Chappell, Shearer, Tice, Browne
NOES:
None
ABSENT:
None
PROJECT NO. SP-76003
Location: Holt Avenue, west of Grand
HOLT AVENUE BRIDGE
Avenue.
(Council reviewed Engineer's report)
Motion by Councilman Tice
to accept the proposal of Walsh & Asso-
ciates, Inc., to provide
engineering services for the design of.the
Holt Avenue bridge; and
authorize the issuance of a purchase order
in an amount not to exceed
$5,000; seconded by Councilman Miller and
carried on roll call vote
as follows:
AYES:
Miller,. Shearer; Tice, Browne
NOES:
None
ABSENT:
None
ABSTAIN:
Chappell
TRAFFIC SIGNAL
Location: Various throughout the City.
MAINTENANCE
(Council reviewed Engineer's report)
TRAFFIC SIGNAL MAIN-
TENANCE COMPANY
Motion by Councilman Miller to approve agreement with Traffic Signal
• Maintenance Company for
supplemental maintenance of traffic signals
and authorize Mayor and
City Clerk to execute said agreement;
seconded by Councilman Chappell and carried.
Ms=
CITY COUNCIL
Page Seven
PUBLIC WORKS.- Cont'd.
4/26/76
LIGHTING AND LAND-
Location: Citywide.
SCAPING DISTRICT
(Council reviewed Engineer's report)
NO. 1976-77
RESOLUTION NO. 5230
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ORDERING
•
THE CITY ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4,
CHAPTER 19 PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972119 BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, ORDERING CERTAIN STREET LIGHT-
ING FIXTURES AND APPURTENANCES TO BE
INSTALLED: ELECTRICAL ENERGY AND MAINTEN-
ANCE TO BE FURNISHED FOR ALL STREET LIGHTS
THROUGHOUT THE CITY, AND FOR THE FURNISHING
OF LANDSCAPING MAINTENANCE, APPURTENANCES
AND APPURTENANT WORK IN THE CITY OF WEST
COVINA, CALIFORNIA: AS SHOWN ON PLAN AND
DIAGRAM NO. 1976-77; FOR THE FISCAL YEAR
COMMENCING JULY 11 1976 AND ENDING
JUNE 30, 1977.
Motion by Councilman Chappell to waive full reading of said resolu-
tion; seconded by Councilman Miller and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Chappell and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
• CITY ATTORNEY
ORDINANCE NO. 1301
ADOPTED
The City Attorney presented:
AN ORDINANCE OF THE:.CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMEND-
ING THE WEST COVINA MUNICIPAL CODE SO AS
TO REZONE CERTAIN PREMISES AND APPROVING
TENTATIVE TRACT NO. 32621 AND APPROVING
THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT PREPARED WITH REFERENCE TO THE ZONE
CHANGE AND TRACT MAP. (Don Gittelson -
Zone Change Application No. 499)
Moti-on b-y Councilman Shearer to waive full reading of said ordinance;
seconded by Councilman Tice and carried.
Motion by Councilman Chappell to adopt said ordinance; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
RESOLUTION NO. 5231 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA,' CALIFORNIA, AMENDING
• RESOLUTION NO. 1277, ADOPTING CLASS
SPECIFICATIONS FOR PUBLIC SERVICES -DIRECTOR
AND SPECIFYING THE CLASS AS EXEMPT.
Motion by Councilman Tice to waive full reading of said resolution;
seconded by Councilman Miller and carried.
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CITY COUNCIL
Page Eight
HEARINGS
4/26/76
PRECISE PLAN NO. 263,
Location: Northeast corner of Orange and
REVISION 7 - VARIANCE
Cameron Avenues.
NO. 725 - CATEGORICAL
Request: Approval of a precise plan of
EXEMPTION, CLASS 2
design revision f.or the remodeling of a
S.S. KRESGE COMPANY
department store, with variances from
•
certain standards of the West Covina
the R-C (Regional
Municipal Code in
Commercial) Zone, and certification that
the Categorical Exemption, Class 2 is
consistent with the State of California
Environmental Quality Act. Recommended
by Planning Commission Resolution No.
4-76-2653. Appealed by applicant on
April 14, 1976. (The City Clerk verified
Proof of Publication in'the West Covina
Tribune on April 159 1976 received. 13
Mailed Notices)
Ramon Diaz, Planning Director, presented slides showing location,
building, loading area, etc., and summarized Staff Report dated
April 7, 1976. Enumerated Variances requested and stated Variance
No. 6: Relief of the thirty-six inch high screen wall around the
parking lot - was granted. Further advised that the three miscellan-
eous Modifications were granted. In addition the following waivers
requested from development standards were granted: 1 - Requirements
for a fifty foot throat for entry into the parking from four lane
streets modified on the entrance from Toluca Avenue and the entrance.
from West Covina Parkway; 2 - Waiver from the structural section
requirements for the parking area - waived and modified so any areas
patched would have.to meet.the current structural requirements.
Mr. Diaz: The applicant appealed thot decision of
• the Planning Commission to the City
Council and that is the purpose of the
hearing before you this evening. You have in your packets a letter
dated.April 21, 197.6 and two landscape drawings showing different
landscaping than -required. L-1-A shows the landscaping the appli-
cant`would intend to install initially. This was submitted to the
Planning Commission. L-l-B would be installed at the time the
parking lot would be resurfaced. The L-1-B does not meet current
city code requirements. In addition, the applicant is. requesting
modification from the automatic irrigation requirements.
In discussions with the applicant I
informed him the staff position is not one of degree on judging the
merits of.a variance but rather one of is a variance merited or not;
and staff would therefore continue to make the same recommendations
it did before the Planning Commission, that being that the variance
for relief of the 36" screened wall around the parking area be
granted as well as the variance modifying the requirements for
screening roof type equipment, the modifications for the enclosure
of the loading area and the modification of the Civic Center Overlay
Zone of standards, but-wwith regard to the other variances staff would
continue to recommend denial of these -variances.
PUBLIC HEARING OPENED
• Gerald R. Hallich (Sworn in by the City Clerk)
S.S. Kresge Mr. Mayor and Council members I have
Troy Michigan prepared some.notes of what I wish to
say - I would like to read from my notes.
I am a staff architect, world head-
quarters in Troy, Michigan. I joined Kresge a number of years ago.
Since that time approximately 850 K-Marts have been opened inter-
nationally. I have personally been involved in nearly all phases of
CITY COUNCIL Page Nine
PUBLIC HEARING — Cont'd. 4/26/76
the K—mart building, planning, site location, traffic circulation
and landscaping involving those stores. It is .for this reason that
I have been sent from our world headquarters to make this appeal.
Although I assume you are familiar with the transcript of the
minutes of the April 7th Planning Commission meeting I would never-
• the less like to focus for a moment on the reasons for this appeal.
We are requesting a tempering of certain
new construction landscaping requirements being applied strictly to
the letter of the standards of a pre—existing building. On the basis
to do so is highly discriminatory as far as cost is concerned. We
are not asking to be absolved of these requirements in their entirety
only that they be tailored to fit the circumstance. Gentlemen, what
we are talking about here is a strict enforcement for 8% of total
landscaping, 50% dispersed in the parking area, a minimum of one tree
for every 20 double row parking stalls and an automatic irrigation
system. We have no quarrel with these requirements as they applied to
a new project. It is one thing to have stringent requirements on new
construction when all factors involving the financial burden can be
taken into consideration at the outset. In instances where these
factors add up to an unsound situation seriously inhibiting our
selling merchandise competitively a decision to locate elsewhere is
an alternative. The same opportunity is not present in pre—existing
situations. In these cases requirements are subject to interpretation.
It can only be assumed that they will be interpretated reasonably.
Decisions are based on that assumption.
Although this project has been approved
on the basis of estimated cost made under the assumption of reason—
able interpretation and we have advanced through the construction
drawing stage into the bidding stage it is not uncommon for a re—
evaluation to be made prior to signing construction contracts on a
job when unpredicated cost factors are uncovered which threaten our
• ability to be competitive. Several such factors have been uncovered
in recent weeks during our construction drawing stage. They could
lead to a re—evaluation of this project.
The present roof is leaking badly. We
had included a sum for repair and we have now been advised through
our consultants that the entire roof may need to be removed and a new
one applied. A substantial cost factor unanticipated. All present
roof top units — heating, air conditioning, etc., must be replaced
rather than serviced and repaired — another unanticipated cost
factor. These coupled with unanticipated landscaping and automated
irrigation systems threaten this project. We want to open a store
here and become a member of this community and to share your civic
pride to that end we are refurbishing what presently must be con—
sidered an eye sore in the midst of the Civic Center area. However,
we need your approval of our proposed landscaped plan which we feel
is reasonable and will provide an environment comparable to other
such centers in the area.
In summary, 8% total landscaping is a
requirement for new projects.JVhile our plan provides less,it.:does
provide additional landscaped areas within the existing paved parking
lot in locations wh:ch_,,compliment and enhance;' the building and
present landscaping scheme. One tree in a 24 square foot island for
every 20 parking spaces is required for new projects. This require—
ment is highly discriminatory in terms of cost when strictly applied
to an existing paved parking lot which must be ripped up and. -repaired
to install. Our proposal provides less curb planters in number but
substitutes substantially larger more effective ones in terms of
aesthetics. Conversion of the present manual irrigation system to
fully automatic is also highly discriminatory when applied to an
CITY COUNCIL
PUBLIC HEARING — Cont'd.
Page Ten
4/26/76
existing system which was never laid out with that requirement in
mind initially. (Explained the cost factors involved.) Strict
enforcement of this requirement represents an undue financial burden
unnecessary to maintain landscaping in a healthy state.
• I proposed an alternative in my letter of
April 21. Essentially it guarantees replacement of dead trees and
shrubs which assures ample use of the present manual system by night
store personnel. Gentlemen, it is not our intent to circumvent.
We don't intend the center to be substandard. It is company -policy
to maintain our stores in first class condition to provide a
pleasant environment for our customers. We share a common interest
in that respect. However, we do need relief from the discriminatory
interpretations which we feel affects our ability.to operate
competitively and which threatens this project. Thank you.
PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Shearer: Mr. Mayor. I am not sure that I agree
that 8/ landscaping is discriminatory.
To "discriminatory" means we don't
require it of everyone. To my recollection since we have adopted
that requirement we have required it of everyone. Perhaps we could
discuss the difference between new and remodeled, be that as it may,
but I don't consider this as discriminatory. The staff has
recommended and the Planning Commission has concurred in recommend—
ing a number of variances from a strict interpretation of our
ordinance. So I would say at this point perhaps we have made a
reasonable interpretation between what we would require from a new
facility such as the Sizzler, where a couple of weeks ago we said
go up another 18" as we indicated you do in the first place, and
what we might require of a remodeling, the screening of roof
• material, the loading dock and the wall. I am sure all this has
reduced considerably the necessary expense on the part of the
developer. I would support one additional variance and that is not
to require the conversion to automatic sprinklers with:.;some sort of
a bond or some other legally enforceable document to guarantee
maintenance: I think that is all Council is interested in. We are
interested in the results rather than the method of watering.
So I feel this additional variance to
allow the manual .System 'to be left in and expanded as necessary is
reasonable. I do not'support the request to lower by 25% — from 8
to 6.— and then per.haps.back..up.to 7 at some time in the future.
I don't.think .that is.a reasonable request.
Councilman Chappell: Mr. Mayor, I Would like to say that
prior to even appearing before the Plan—
ning Commission there were many meetings
held and all of the items required before any variances were even
granted were'pointed out and fully explained to those involved in
putting the project together. I was Isurprised at a couple of the
,variances but_I could see there was a give and take attitude at the
'hearings of the Planning Commission.
I could support Councilman Shearer's
position in the variances due to the water system, but I think even
in doing that we would certainly be doing far more than we have for
• anybody else since we originally passed this ordinance requirement.
Some of the businesses that had to meet this requirement have told
me a year or two later they were very happy that they had their.
automatic sprinkler systems, it saved them a lot of time and pro—
blems and it made their landscaping look much better because it did
get regular watering and although they were unhappy at the time we
— 10 —
CITY COUNCIL Page Eleven
PUBLIC HEARINGS - Cont'd. 4/26/76
required it as years went by they did not find it to be that bad.;;,
If a third vote can be found for waiving the automatic sprinkler
system and if no one else wants to speak I would move that we
accept the Planning Commission recommendations with the exception of
the automatic sprinkler system allowing the ex-is-ti ig-;-manual--system....bie
extended with a certification of a bonding agreement between the
• Planning Director, the City and the applicant, relative to the
future maintenance of the landscaped areas in the project area.
Lotion seconded by Councilman Tice and
carried.
Mr. Newton:
City Attorney Mr..Mayor, I want to raise a question.
Your City ordinance requires that when
action by the Council following an
appeal is substantially contrary to the action taken by the Planning
Commission the matter must be referred back to the Planning Com-
mission. I would ask some guidance because I don't know what
interpretation may have been placed on "substantially contrary."
Mr. Miller:
Public Service Dir., Mr. Mayor and Council, the interpretation
made by George Wakefield in the past,
"substantial"•:means just that - substantial,
and in light of the waiving of just the irrigation system being
automatic it would not be substantial in light of the definition
George Wakefield has given in the past. So it would not have to go
back to the Planning Commission.
Motion by Councilman Shearer that the appeal of the other items be
denied; seconded by Councilman
Tice and carried.
• Councilman Chappell:
Mr. Mayor, I think it should be pointed
out that we are certainly happy that
K-Mart is coming into West Covina. We
think they have picked
a good community and I think they have found
already that the City
is willing to workw ith them taking a little
and giving a little.
So, Mr. Hallich, if you will relay that in-
formation to your home
office I think they will agree with this one
if you present the whole
plan that has been acted on.
Mayor Browne:
Thank you, Mr. Hallich, for appearing
before us tonight. .
ZONE CHANGE NO. 502
Location: 1049 W. Garvey Avenue
PRECISE PLAN NO. 673
Request: Approval of a chan a of zone from
ENVIRONMENTAL IMPACT
R-A (Residential Agricultura to MF-20
REPORT
(Medium Density Multiple Family) and
JOHN R. HARRIS, JR.
approval of a precise plan of design for a
24 unit apartment complex on a 1.23 acre
parcel of land, and certification of the
Environmental Impact Report. Recommended
by Planning Commission Resolution No. 4-76-
2650. Precise Plan No. 673 called up by
Council April 12, 1976. (The City Clerk.
verified Proof of Publication in the West
Covina Tribune on April 15, 1976 received.
•
25 Mailed Notices)
Ramon Diaz, Planning Director, presented. slides and explained as to
location, condition of
present site, proposed building and materials
to be used, etc., and summarized Staff Report.
- 11
CITY COUNCIL Page Twelve
PUBLIC HEARINGS 4/26/76
Mr. Diaz: Mr. Mayor and members of Council, the
Planning Commission granted two modifi-
cations from the MF-20 requirements
which is permitted by code. 1 - waivers from the requirement that
the buildings be 36' apart. This was granted to 34' apart. The
• reason is to permit private patios in back of the buildings. The
other modification was the requirement of the 28' between the ends
of the buildings. The applicant wished to reduce this to 14' in
order to provide -more open space to the north end of the property
which could be used as recreational space as well as saving some
of the trees on the property. This was also granted. Staff would
continue to recommend to the City Council that it•approve the .
requested Zone Change and approve the Precise Plan with the waivers
granted by the Planning Commission.
PUBLIC HEARING OPENED.
John R• Harris, Jr.,
25601 Narvone Ave.,
Lomita
away the detrimental
been a real problem
happy to answer any
IN OPPOSITION
William J. Proto
207 No. Morada Ave.,
West Covina
(Sworn in by the City Clerk)
About all I can add to what they showed
you on the slides which really showed
that we can upgrade that area and take
look of the existing motel units which have
for me rental wise and an eyesore. I would be
questions that you gentlemen may have.
those people that do live
• my observation and I have
over abundance of rental
I live on Morada.Avenue on the west
side and it is my feeling that a multiple
story residence such as the type pro -!-
posed will create a loss of privacy and
a good deal of bothersome noise for
there. In addition to that it has been
lived here for 20 years, that we have an
units.
If the Council agrees to go ahead with
this I would agree that cleaning up this lot would be of an
advantage to the neighborhood, butit would seem to me to make an
orderly transition from the multiple story section directly to the
east of the proposed area that single family would be more suitable
to make a good transition down to the residential area. Thank you.
Helen McGrew (Sworn in by the City Clerk)
138 No. Morada I agree with the previous statements.
West Covina I am also opposed to the zone change for
these reasons. I believe there will be
an increase in the noise from cars backed up to our rear yards,
there will be a driveway there and it will be right over our rear
fences. There will be noise from cars and motorcycles which will be
a real detriment to property owners and the loss in value from having
apartments built so close to our single family.homes. The increase
in crime is another problem we are concerned about. Reading from
the April 14th issue of the Wescove News,'Chief Sill said "...the more
you put people together the greater are the calls for services of the
police. This is true no matter where you go. This is not to say that
crime does not exist on broad streets with wide roads, trees and
lawns but it is far greater in apartment complexes and in otherwise
• crowded areas." And, we feel that is something to be considered.
Also, I wanted to say,just because it is
a single piece of property there we feel that apartments are not
the only answer. We were thinking about Covina next to the Eastland
Theatre, on a small piece of property they recently built single
family homes that are very nice looking and I believe all the
neighbors°are happy about the homes and they'sold very quickly at a
nice price.
- 12 -
CITY COUNCIL Page Thirteen
PUBLIC WORKS 4/26/76
Some of the twenty—five that received
notices are not here because they had previous commitments. We
spoke to them and they join us in our feelings.. I would also like
to ask Mr. Harris how long he has owned the property. I am not
sure but I think it was purchased with the idea of putting apart—
ments on it. We ask Council to consider our rights. There are
• thirty families on Morada Avenue that will be affected.by this.
Many of them have been residents there for over twenty years and
we feel we would like your consideration when you make your
decision. Thank you.
Olga Guamato_ (Sworn in by the City Clerk)
134 No. Morada Ave., It is true that. -the lot needs improve —
West Covina ment. Like Mrs. McGrew said -why can't
they build something residential like
next to the Eastland Theatre — we would all approve of that. But
I guess what we approve of is not important.
If they do put up the apartments I
would like to know why.they can't put the enclosed carports
right in back of our fences? They are 'going to put a 6' wall
there whereas the carports would be a little higher. I want to
make that suggestion. I think it is only right that you people
consider the homeowners also.
I have a pool and a 6' wall is not going
to give me any privacy. I am sure if you people lived there and
your wife wanted to go out and swim she would feel rather odd
not knowing who would be staring at her. So if you are going to
approve this building I would appreciate if you and Mr. Harris
would consider putting the carports next to our fences, it would
give us a lot more privacy. He might think by putting that carport
there it would take privacy away from the people that will be
• renters but they are going to put a block wall where we have a fence
so they could put a little wall where their yards are. It would
make us feel a lot better if that is your final decision allowing
him to build the complexes then at least consider us homeowners
a little bit, it would make us feel much better. Thank you.
Lucille Contrafato (Sworn in'by the City Clerk)
124 No. Morada I live right in back of this property
West Covina and have been here for twenty years
and enjoyed my privacy.which the
apartments would take -away from me and also reduce the value of my
property. There are cars parked on Garvey now and this means the
congestion will be even more so. I am opposed to the zone change.
Mrs. Ann Grossman (Sworn in by the City Clerk)
118 No. Morada I would like to agree with the other
West Covina people that spoke. This property would
be facing my backyard and the cars would
be giving off fumes — my child has many many allergies and I am not
in a position to sell my home at this time. We have lived here
for twelve years. I am mainly concerned about the elementary school
children, the playground faces this property and the other apartment,.:
there has proven to be a menace to these children. They have
ditched school, jumped over the fence and hid in the washrooms. So
I feel this is a menace for the children. Thank you.
• Helen McGrew: Mr. Mayor, a question. If you do approve
the zoning would we be able to make any
recommendations after that or should we
have said that all now?
(Mayor Browne explained comments, suggestions, etc. are made now
and Council will take them all under consideration.
— 13 —
CITY COUNCIL Page Fourteen
PUBLIC HEARINGS - Cont'd. 4/26/76
Helen McGrew: If I may add something, I too would like
the garages built-up against the proper-
ty line and according to the plan we have
there is an area next to the fence, along Vincent School, the north-
west corner of the property, a sort of a secluded small area between
• the fence and where the garages would end and I think that is just a
place for our children to loiter. There is an existing old tree
there that is about three -fourths burnt right now from a previous
fire that children started and according to the plan the tree will
stay. The children like to climb the tree and when they do they
can look right into'our yard and our home. I would request that .the
garage go right up to the lot line and the tree be removed. I hope
you can comply with that request.
REBUTTAL
John Harris, Jr.: -Mr. Mayor and Council, offhand I don't
know what it would do to our plan to put
the carport on the west property line;
however, it probably would be possible and move the open parking on
the inner court. As far as the privacy, our two story units will be
approximately 85' away from the west property line, which I believe
with the 6' wall would give the neighbors to the west probably the
same amount of privacy they have now. They are on deep lots and
their homes are to the front and noise factors I don't believe would
enter into this program.
As far as the children coming from the
grammar school I don't believe they would be able to scale our new
6' block fence which is required on the north property line because
that is an elementary school and we hope to think that our project
will be much much nicer than the existing apartment units to the east.
Thank you.
• PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Chappell: Mr. Mayor, a question of staff. Several
times in the past when we have had apart-
ments built adjacent to residential we
required a certain type of screening - what requirements have we
put into this plan to help implement their still having privacy?
Mr. Diaz: Generally we require screening with land-
scaping. We had an experience on Valley
Boulevard where originally there had been
imposed a condition that certain materials be placed in front of the
windows but that condition had to be modified because of Fire De-
partment requirements and access. So what We did there was set the
apartments back at a distance from the carports and the driveway and
the distance was a lot less than what we have here. In addition,
when the landscape plan is submitted for approval we will make certain
that the types of landscaping placed adjacent to the single family
residence would be the type of material that would discourage anyone
from climbing that wall. This is what we would attempt to do to
guarantee the privacy of the residences.
(Mayor Browne inquired if there was a slide showing the relationship
of the Morada residences to the parking stalls; Precise Plan shown
• and locations of buildings,'parking, etc., explained and pointed out.)
Mayor Browne: The carports towards the center of the
interior are they closed on three sides?
Mr. Diaz: Yes. -The problem with the carports being
placed on the west side of the property
- 14 -
CITY COUNCIL
PUBLIC HEARINGS - Cont'd.
Page Fifteen
4/26/76
is the required distance from residential units to covering park-
ing.. There is a maximum distance required from the covered parking
to the units in the MF-20 zone. Of course this requirement can be
waived.
Councilman Chappell: Couldn't we waive_,the requirement of
the carports there and have them along
the fence to provide the additional'
screening from the single family residences?
Mr. Diaz: That is a development standard and it
could also be waived.
(Discussion followed on the possibility of changing the location of
buildings, etc., and Mr. Diaz stated the problem with flipping it
around and having the units on the north then the units would be
even closer.)
Councilman Chappell: Mr. Mayor, I think it should be pointed
out for the benefit of the citizens
present that this Council has been very
cognizant of the problems of apartments adjacent to homes. We used
to allow 45 units to the acre to be built on property such as this
and this Council has reduced that to a maximum of 20. At one time
you could have had multi -story and higher buildings than we have
here. So we have been thinking of that all the time. And the
designation along the freeway has been basically commercial or
apartment oriented because those homes along the freeway are really
not happy homes, people would rather not be living there. The homes
by the Eastland Theatre were built further away from the freeway.
These are all things"'the Council has pidked-Cup throu.g.h the years
and watched. .
• I like the idea of moving those car-
ports along the fence to give it more privacy. I think it has a
lot of merit and not detrimental to those people living..in the
apartments.
Mayor Browne: Mr. Diaz - were the carports placed
adjacent to the wall would that be on
the property line or would they have to
be setback?
Mr. Diaz:
Mayor Browne:.
Councilman Shearer:
matter of right could he
Mr. Diaz:
The carports would serve as the wall
and be permitted to be on the property
line.
So in essence they would have something
like a 9 or 10t wall versus a 6' wall.
On the matter of privacy - assuming the
applicant were going to build single
family residences how close under a
come to the property line?
He could come within 25' and build two
story family residences.
• Councilman Shearer: I think the carport idea along the pro-
perty line is a very brilliant idea. In
looking at it it would seem to me that
it might turn out to be even less expensive to do it by making the
walls the carport and in lieu of -the 6' block wall he would then
have his option of either saving the money or if he wished some sort
- 15 -
CITY COUNCIL Page Sixteen
PUBLIC HEARINGS - Cont'd. 4/2E/76
of privacy he would take the wall and just trade wall for carport
and still have the buffered area between the back yards of the
apartments and the open space plus he wouldn't have to plant those
trees along the border. So he might be able to work out a plan
that would be even cheaper and from the demonstration here I would
• think he would have some happy neighbors.
(Councilman Miller asked if there were to be speed bumps in there
and Mr. Diaz explained the distance is only 326' and it would be
the applicant's option to do so. Mayor Browne asked Mr. Harris
if he were in agreement with the suggestions made re carports?)
Mr. Harris: I don't see any problem. The reason the
carports were closer to the buildings
was because of the code. I can't see
any problems right now, I might tomorrow morning when I sit down
with my designer.
Motion by Councilman Tice to approve Zone Change No. 502 :from R-A
(Residential.. ArgriculturaF)-.to,.-MF-20 ::seconded by Councilman
Chappell and carried.
Motion by Councilman Chappell to send the Precise Plan No. 673
back to the Planning Commission pointing out the facts recommended
for revision; seconded by Councilman Tice and carried.
MAYOR BROWNE CALLED A RECESS AT 9:03 P.M. CITY COUNCIL RECONVENED
AT 9:15 P.M.
SUNSET SCHOOL Mayor Browne: Council has received a
PROPERTY copy of the letter sent
to us by the Superin-
tendent of Schools regarding the Sunset School property. (Read
letter) I think in all due consideration of what has transpired
. over the past that we are both now standing on level ground. I
would like to invite Dale Henderson, the President of the School
Board to step forward and discuss the ideas behind his Committee.
Dale'Henderson: Mr. Mayor and Councilmen, it was my
proposal at the last Board of Education
meeting that the Board and the City
Council.jointly sponsor a Blue Ribbon Commission made up of one
member that we suggest plus four other members; two of which would
be appointed or.elected by the City Council.and two by the Board
of`Education to study the future use of Sunset School, the use of
revenue, if any, derived from the sale. As you know last year we
engaged in some formal negotiations which reached an impasse
and while it was expressed both on the part of the City Council and
'the Board'of Education. that they would like to transfer title of
this property to the City of West Covina for its use as a recreation-
al site or other use, we could not come to a meeting of minds as to
its future use and upon the price of that'property. Our recommenda-
tion was this, since we had negotiated in good faith and in a
dynamic and open meeting that did not reach a conclusion that
perhaps by bringing in outside advice where there would be a lack
of "vested interest" that there might be some agreement made. Our
suggestion was this, Harvey Krieger hasserved as a City Council-
man and Mayor, he has also served as advisory to'the Board of
• Education and the Chairman of the Goals Committee and also in other
functions within the School Disttict, a-nd it seemed to me within
this individual we had a rather unique quality non-existent in many
people, in the fact that he could head up and Chairmanship the
commitfe'e for its input in terms of the Sunset 'School ;p'ro:p.erty.
- 16 -
CITY COUNCIL
SUNSET SCHOOL PROPERTY
Page Seventeen
4/26/16
Secori_dly, by appointing to the Committee
two members by the City Council, two by the Board of Education, we
would allow full input in -terms of what the community really wants
from this piece of property and if in fact the City Council is right
and indeed they would like this for a park site we might then
• accommodate the City in -terms of the future use o-f this site and
also the School Board in terms of the taxpayers money. So it was!
this proposal that was made with some accord at our last Board
meeting. It was an informational item and as a result of that we
sent the letter you have in your hands.
We would request that you look at this
in terms of the fact it might be a way -to overcome some hurdles
that might exist in either the City Council or Board of Education,
and that we would begin work in June, with no specific date, in
terms of the report of this "Blue Ribbon Commission". I say June,
because it will take some time for us to agree on what the charge
of the Commission will be, the kind of meeting, and the type of
input we would like to give them. Are there any questions?
Mayor Browne: Mr. Henderson, I think this is a very
commendable effort on the part of the
Board, taking this approach to it. I
speak for myself, but I am sure Council would agree that this is
the proper way to approach a situation that could become very con—
troversial. It is`a logical approach, the method in which you
suggest doing it. We have great confidence in Harvey Krieger and
with the supplemental persons we would appoint to that group I am
sure that both bodies could bring in a very good recommendation
and be able to absolve the things that might be a little bit
touchy in the area of the public, because they would be represent—
ing the taxpayers of the City and.recommend.ing the proper direction
• for both parties to go. I think.it is great.
Councilman Shearer: I think it is a very commendable move
on the part of the School District to
make this suggestion. I would hope
that the Council would concur and indicate to the School District
acceptance of the offer and assuming they reciprocate on May 5thp
we will appoint our members. I assume what we are talking about
are members other than anyone from this body or your body.
Mr. Henderson: Councilman Shearer, I would address
myself to what I called.in quotations' -
"vested interest", and I don't believe
that any members of the School Board or Council, at this point
would say they have any true vested interest in the negotiations
that have gone before. However, I would suggest to you that since
we did reach impasse and there was po.si.tions taken by the five
members of each of those bodies that at this point it would be
better if we put.i:t in the hands of five impartial people with
adequate representation from both bodies.
Councilman Chappell: Mr. Mayor, a comment. I think this is
a great idea. I am.a firm believer
that is a site that we need in that
part of our community. When I was Mayor I attempted to get a
• group fired up from the area that lived there and have use for that
site, it didn't quite fire up, the spark orOmething wasn't there,
but this is -a great idea.and I think from it will come a reality of
a position and a site that I feel we desperately need. I commend
your thinking of it and I am glad it comes about through.a new
City Administrator and a new School Administrator, all working
together on a new goal. I say "thanks" for thinking of it. I am
certainly in favor of supporting this. If Councilman Shearer has
made the motion I will second it.
— 17 —
CITY COUNCIL Page Eighteen
SUNSET SCHOOL PROPERTY 4/26/76
Motion by Councilman Shearer to acknowledge and accept the offer
of the School Board; seconded by Councilman Chappell and carried.
Mayor Browne: We will direct the City Manager to reply
to this letter to the School Board and
the Superintendent saying that the City
• Council is in concurrence with their suggestion. At the same time
I think Council should start to concentrate on the names they
would like to submit for taking part in this Committee.
Councilman Shearer: Mr. Mayor, a comment. I would hope that
the names we select that there would be
some sort of a mutual inter -play rather
than just picking two names and two names. I would think that
perhaps a representative of the PTA might be appropriate, but if we
both selected someone with a strong PTA background that might be a
little heavily weighted one way or the other, or of any other seg-
ment of the community that might be true. So before settling on
names we might consider this and discuss it a bit further.
Mr. Henderson: Obviously the Council representa a
certain segment, the total of West Covina,
and the School District represents a
certain segment, such as the PTA, Teachers' Group and other such
groups. It was our feeling since there are very acute differences
that we would not participate or approve any of the representatives
that you Bight make and however strongly you might like to partici-
pate in our selection, you would not. If we get five independent
people selected from whatever point of view they might bring in a
totally independent point of view that might be acceptable but it
need not be binding upon us. In this manner we might reach some
accord.
• Councilman Shearer: Obviously I did not make my point clear.
I didn't mean to imply that we approve
one another's:,selection, but there
should -be some discussion as to what areas we would select from.
If we both were going to rely heavily on the business community
and this were not known to you and that is what we both come up
with then we would not have this broad representation if we both
acted completely in the blind.
Mr. Henderson: I agree with what you are saying. What
we are trying to developher,eris a
dynamic committee where we can have a
full and open hearing on both sides of this matter. The West
Covina PTA7 has already made a report on this which would be made a
part and parcel of this and given to'this committee. And secondly,
that we have some tie in with this Committee in regards to the
charges we give them. I suggested to you the availability of
Harvey Krieger as Chairman and further suggest that we take the
time to discuss this again.
PUBLIC HEARINGS - Cont'd.
CONSIDERATION RE RESTRICT- Mayor Browne: This matter was con-
ING CERTAIN CITY tinued from April 12
EMPLOYEES TO JOIN OR and basically there
• PARTICIPATE IN EMPLOYEE were some concerns with regards to the
ORGANIZATIONS Police Department's clerical employees
insurance coverage if the resolution
was adopted. I assume this has all been worked outsto the satis-
faction of the concerned -persons.
Mr. Eliot: Mr. Mayor, we have spoken to those pro-
blems enunciated at your last meeting.
CITY:COUNCIL Page Nineteen
PUBLIC HEARINGS-- Contd. 4/26/76
We have not made•a poll of all the honorary -members to find out if
it meets with.their problems. We just responded to the questions
that arose at, .the last meeting. One was the question of the con—
tinuation of tho"se members in the police association for insurance
benefits and that has been addressed in the resolution tonight.
• The other question was the continuation of,the association itself
in membership with PORAC or other State wide Police organizations
that are primarily educational and to one they would not be sub—
servient and the City Attorney has advised us at the end of the
resolution that the West Covina Police Association could belong to
PORAC or other State wide Associations of that type.
PUBLIC HEARING OPENED. THERE WAS NO PUBLIC TESTIMONY, HEARING
CLOSED.
RESOLUTION NO. 5233 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, RE—
STRICTING THE.RIGHTS OF THOSE CITY
EMPLOYEES WHOSE DUTIES CONSIST PRIMARILY
OF THE ENFORCEMENT OF STATE LAWS OR CITY
ORDINANCES TO JOIN OR PARTICIPATE IN
EMPLOYEE ORGANIZATIONS.
Motion by Councilman Chappell to waive full reading of said resolu—
tion; seconded by Councilman Shearer and carried.
Motion by Councilman Chappell to adopt said resolution; seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
• ORAL COMMUNICATIONS
Billy Taylor I am here as a resident and as a member
2520 East Larkwood of the Project Board of the East San
West Covina Gabriel Valley Consortium. I would like
to take this opportunity on behalf of the
Board to thank the City Council and the City of West Covina for the
help they have given us to gef this started. What I am here for
tonight is there was some concern at the last meeting about the
location of the Director and his staff and I was told that you didn't
exactly go against the other cities that.were offering $800e- for
rent, I think everyone went along except the City of West Covina.
I felt, and Ross Bonham felt, we don't have anything to apologize
for as far as West Covina is concerned but I felt this Consortium
should have its own identification and its own location and that if
the City of West Covina is going to pick up the tab, so to -speak,
and pay the rent until the County funds come through this might
cause the County to drag their feet a bit. For this reason I feel
they should be off on their own and establish their own identity
apart from- 'any,,of the ,four cities and if anything should come up
and the County doesn't agree to fund them after they finish their
planning stage then I think it should be up to the community based
organization to come up with whatever money may be necessary at that
time. A
• Mayor Browne: This happens to be under the City Man•ager's
agenda tonight — Mr. Eliot, would you care
'to discuss this now?
Mr. Eliot: Mr. Mayor and members of Council, as you
recall at the last meeting the request
.of the $800 appropriation was turned down
— 19 —
L
•
•
CITY COUNCIL Page Twenty
ORAL COMMUNICATIONS — Cont'd. 4/26/76
with a recommendation to staff to see if housing could be made
available to the Consortium. City Staff has diligently looked
through the City's stock of housing and we found that the.To.lu.ca
Room, which was set aside for Council meetings with their be6sti—
tuents has not been used frequently and it is available and the
Council members.that I have talked to have graciously permitted
that very nice meeting room to be used by the Consortium with no
rent charge until such time as the County does approve funding
for the Consortium. Therefore, it is still Staff's recommendation
that the offer of space be made and that the money not be appro—
priated by City Council.,
Mayor Browne: Mr. Taylor, I will start off tonight. I
took the ground that the request for the
$800,, that the City would supply for the
rental of a facility would come out of revenue sharing funds and I
do not believe in subsidizing any outside committee with taxpayers
money intended for capital improvements within,. -our City as long as
we have City facilities available for this use. There was an offer
made of a store building which did not meet their approval. The
City Manager came up with an alternative solution which will save a
total of four cities $3200. Weare not asking for any rent for the
facility here. That $800, that we would have to take out of
revenue sharing would buy a radio for our Police Department and
that would be the true intent of the expenditure of those funds.
The County might go on another two or
three months as you indicated and then you might have to come back
and'ask for another $800 — well that well is going to run dry one
of these days. I think the Council took the stand as long as we
have available facilities here — and I don't know how that can con—
flict with another City — at least until such time as the County
comes through with the proper funding. In no way am I going to
vote to take revenue sharing money to fund for a facility when we
have facilities availabl.e. here in City Hall.
Mr. Taylor: I agree with you on that but I don't
feel they will be coming back to
Council for anything else -and I still
think they should be out on their own. I think what West Covina
is proposing to do is worth a lot more than the $800,- as far as
the money is concerned and it is saving the other three cities,
they are not providing their share. And one thing I wasn't quite,
clear on was the $600. According to my calculations it was to be
$600, a few months ago and I thought you might reconsider the
figure of $600,: rather than $800.
Mayor Browne: It has been projected out for a longer
period of time and now we have indica—
tion that it might be for another 60
days, which would require additional monies appropriated. I am
sure the facilities that we are offering are finer than anything
you can obtain in any private sector..
Mr. Taylor: I agree with that part of it. My con—
cern was that they should maintain a
separate identity and I don't believe
they can do this located -in a City Hall,"
Mayor Browne: We had the Probation Department in the
City Hall and they are a separate
identity. We lease out to other
functional organizations within government structure and they are
separate entities.
— 20 —
CITY COUNCIL Page Twenty—one
ORAL COMMUNICATIONS — Cont'd. 4/26/76
Mr. Taylor: I am also afraid if we give it to them
the County will take their time, drag
their feet because of it.
Mayor Browne: If they are already committed I don't
know how they can drag their feet,- it
is just a matter of appropriating the
funds.
Councilman Shearer: Mr. Mayor, I can see Where there might
be some concern that if the City of West
Covina provides it free that the County
might drag their feet. On the other hand they might also drag
their feet if the cities are ready to come up and supply the money.
You can try and out --guess the County, which is pretty fruitless.
I think if we make it clear from the outset that we will loan a
room that was intended for other purposes and we expect to get it
back, I think our.chances for making a case for this being a non-
permanent situation would be just as good, if not better, than if
we are willing to come up with the money and rent space where when
the County steps in they don't move, the County might say well here
they already got it so why do they need anything from us? Whereas,
upstairs they might be evicted. As the Mayor pointed out the
facility is more than adequate, it has all the nice amenities that
go for a good working atmosphere.
Motion by Councilman Shearer that the City Council authorize the
use of the Toluca Room through the month of October to the Con—
sortium; seconded, b.y,' Councilman Chappell.
Councilman Chappell: These rental funds are just a very small
portion of the County money they will be
expecting and if they hold it up for
• that reason they will hold up the whole.project and strangle it
anyway. I think the City of West Covina should.be thanked by the
Board for the Use -of this room in order to get them started. We
know they have,a lot of paperwork to do that is necessary to get
into the County for approval. I'am Chairman of the Consortium
Bo'aid.and I personally didn't want it here but I have seen the
reality'of.what we'are doing and that it is very temporary, so
I am supporting it.
Motion carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
Kathy Bones I would like to address myself to an
1428 - item you just took action on —
West Covina West Covina/School District joint
Committee. Since you changed the
format I wasn't able to speak prior to that action. I was in
attendance at the School Board meeting last week when the proposal
.waspresented by President Dale Henderson. I'foun'd it to be a
very positive approach to settle the future of Sunset School. I
think the decision of the Committee will benefit all the people of
West Covina. I feel it is an excellent idea that will receive
your positive action. I just hope you will consider very carefully
• woen you appoint the people to the Committee.so that it will be
broad based — I know you have been very good on that in the past.
Thank you.
— 21 —
CITY COUNCIL Page Twenty-two
CITY ATTORNEY AGENDA - Cont'd. 4/26/76
.RESOLUTION NO. 5233 The City Attorney presented:
.ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE.
CITY OF WEST COVINA, CALIFORNIA, DECLAR-
ING ITS INTENTION TO WITHDRAW.CERTAIN
TERRITORY FROM-.THE.WEST.COVINA SEWER
MAINTENANCE DISTRICT. (Public Hearing
date, May 24, 1976).
Motion by Councilman Miller to waive full reading of.said resolu-
tion; seconded by Councilman Chappell and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Chappell and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
PETITION FOR RECOGNITION Motion by Councilman Tice to -recognize
WEST COVINA POLICE the classes of'employees of captain,
OFFICERS RELIEF ASSOC. lieutenant, sergeant, agent, and police
officer in the Police Department of the
City as constituting an app-rop•riate
representation unit, and approve the establishment of that repre-
sentation unit; and further to recognize the West Covina Police
Officers Relief Association as the majority representative of the
employees in that representation unit; seconded by Councilman
Shearer.
Councilman Miller: Does that also exclude the cadets? In
the second sentence in the first
paragraph it says "Basically, the ....."
The word "Basically" leaves it open I think. I would like clarifi-
cation to that.
Mr. Eliot: Mr. Mayor and Council members, the action
that the Honorable Council took just a few
minutes ago in restricting members in the
Association meet and confer to sworn officers only has now, until
any other action is taken,,by Council, permanently barred the Associa-
tion from representing anything other than sworn officers.
Councilman Miller: I would suggest that we keep�,our wordage
consistent -then. Thank you
Motion carried.
AGREEMENT WITH Motion by Councilman Miller to approve
LOS ANGELES COUNTY YOUTH theagreement with the Los Angeles
CENTER - CETA TITLE I County Youth CYnter/Ceta TitleI, and
(Staff Report) authorize the -Mayor to sign.said agree-
ment; seconded-•b•yCouncilman Chappell
and carried on roll call vote as follows:
AYES: -Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT None
(In answer to Council's question Mr. Northcraft stated currently
• there is only one individual we are discussing -with t-he L..A. Youth
Center but the agreement once established would probably leave it
open if there were one or two additional employe,es;-he felt the
agreement would allow the City.to enter into further agreements on
an individual basis.)
- 22 -
CITY COUNCIL Page -Twenty—three
4/26/76
(MAYOR BROWNE RECESSED THE COUNCIL MEETING FOR THE PURPOSE OF
CONDUCTING THE REDEVELOPMENT AGENCY MEETING AT 9:53 P.M. CITY
COUNCIL RECONVENED AT 9:55 P.M.)
CITY MANAGER
• ANTIQUE FIRE""TRUC-K Motion by Councilman Shearer to
REQUEST' approve the requestof the East San
Gabriel Valley Life Underwriters
Association for the use of the
LaFrance Antique Fire Truck on April 27th for their fourth annual
fund raiser for the Ame-rican Cancer.Society; seconded by Councilman
Chappell and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
YOUTH:`AD.VISORY COMM. Motion by Councilman';Tice to approve the
".RE.QUEST request of the Youth Advisory Board to
become a member of the National Network
and authorize the expenditure of $20
from the Meeting and Membership Account No. 744.5-47.; seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES.: None
ABSENT: None
CITY MANAGER Mr. Eliot: Mr. Mayor and members of
RECRUITMENT' Council, this is an in—
formaF;,tional report re—
.garding the recruitment for the City'Manager.., Our present informa—
tion -is -that possibly the -five finalists would be available for the
weekend of the l5th,of May. However, since the report was prepared
I learn that date coincides with the Chamber of Commerce's seminar
• that some of the members of _Council may wish to attend. So we may
have to schedule the interviews a week earlier or a week later so
members.of -Council.may be in attendance at the interviews. We will
contact you individually and work it out between you and the
State Personnel Board. The motion now would be to receive and file
the report.
(Councilman Miller asked that the names of those that are on the
Screening Board be made available to him when they become official
and Mr. Eliot said they would. Councilman Chappell asked how many
applications were received and Mr. Eliot said 96 and the State
Personnel Services is presently screening them down to a manageable
number. Explained the procedure being followed.)
v
Motion by Councilman Chappell 'to receive and file report; seconded
by Councilman Miller and carried.
INDEPENDENCE DAY Mr. Eliot:' Mr. Mayor and members of
PARADE REPORT Council, this is a report
of the Independence Day
Parade and primarily concerns itself with the route of the parade.
It is to travel in the opposite direction of the past years, it
will commence in the Cameron/Lark Ellen area proceeding to the
Fashion Plaza and disbanding there where certain prizes will'be
• awarded. The route has been reviewed with the Bicentennial Committees
and the Parade Committee and -they are in agreement as well as the
Police Department. It is recommended to you that you review the
route as shown here in the report and authorize the staff to furnish
the necessary manpower and equipment to allow the parade to go forth.
— 23 —
•
•
CITY COUNCIL Page Twenty-four
CITY MANAGER AGENDA- Cont'd. 4/26/76
Councilman Shearer: Two areas I would like to comment on.
One - I hope this is reported that the
Council does not dictate which way,
east/west, north/south', this parade runs. I have had a numbe-r of
people contact me with that impression, that we ought to dis-
approve this because they thought the parade should end at the park
rather than the shopping center. I might agree with that, in fact
I do, but I don't think the job of the Council is to determine that
anymore than it is to determine the type of cars that will be used.
It is up to the Parade Committee to make that decision and anyone
who is unhappy with the report of the July 5th Parade Committee
should contact the ,Committee and not their City Council member.
The second comment is I noticed in the
report the probability of the need to close the California off -
ramp. My word of advice is that the necessary application be made
to Cal -Trans very quickly for a permit to do this. It does not �o
through the Highway Patrol. In order to be legal it must come from
Cal -Trans. The normal policy of Cal -Trans is to bill the requestee
for the cost in closing the off -ramp. I would suggest that the City
apply.for the permit and the City request permission to place a few
barricades by our Police Department and I believe if it is done in
that manner rather than by the Parade Committee making the request
that we Will be allowed to do it, otherwise the Parade Committee
will be stuck with a rather large bill because you have to pay a
man four hours at time'and a half plus the cost of his truck to come
out on the 5th of July and set up and take down the barricades, and
that application should be made promptly.
Mr. Eliot: Thank you. We will take note of that and
follow that procedure.
Lotion by Councilman Shearer to approve the Independence Day
Committee's parade route and not the direction; seconded by
Councilman Tice and carried.
ROCKVIEW DAIRY
Lotion by Councilman Chappell to accept
ABC APPLICATION
(Staff`"Report)
the Staff report; seconded by Councilman
Miller and carried.
MAYOR'S REPORTS
PRO-CLAMAT'ION
Hearing no objections by Council the
Mayor proclaimed the following pro-
clamation: ° Go.odWill..;Week`, :.May2/8, ; 1976.
MID -VALLEY COMMUNITY
Mayor Browne: We have a request from
MENTAL HEALTH COUNCIL
slid -Valley asking
REQUEST
Council to endorse
Assembly Bill 3638 re the Comprehensive
Youth and Family Intervention Demonstra-
tion Project.
Councilman Shearer: Mr. Mayor, along with Councilman Tice, we
represent the City of West Covina on this
Board. This phase of legislation is one
that originated with Mid -Valley primarily through the efforts of
Dr. Ullah and it.is, we hope, a way in which Mid -Valley will be able
to be fully funded in the immediate future. There is no guarantee
in this particular legislation that Mid -Valley will be the benefactor.
I recommend that we go on record supporting this piece of legisla-
tion and that we communicate over the signature of the Mayor our
full support of AB 3638.
Seconded by Councilman Tice and carried.
- 24 -
CITY COUNCIL. Page Twenty—five
MAYOR'S REPORTS 4/26/76
FLAG CONTEST Mayor Browne: I have one other item.
We had a flag Contest
within our City and I
am positive there was some misunderstanding on the part of the
Committee. At the last Council meeting they had drawings of
flags here for us to make a selection from. As a result
• Jan Marsten, who heads up the Committee, obtained prices on making
up the flag and on having a precise drawing made of it. This
precise drawing would cost about $167. I suggested to her before
going any further that she hold up on it. I felt there was a
misunderstanding somewhere along the line. I would like some
clarification on this. This Committee has the money to spend for
the flag but I think in all fairness to them we should give them
the true intent of the Council before they spend this,money.
Councilman Chappell: Mr. Mayor, we don't know what flag is
being selected by the Bicentennial
Committee to represent our City. I
think we should all see a diagram of it and make a decision whether
we want that flag to represent the City from now on. Could we get
a copy of the drawing or rendering?
•
Mayor Browne: I think she was going on the five that
were up here at the last meeting.
(Explained the results of the voting)
There were only two selections that would halfway meet the criteria.
On her visit to this company they were willing to take the
suggestions of the City Council and draw up a precise flag but that
would cost $167. So I think we had better have some communication
on this between Mrs. Marsten and the City Manager clarifying the
stand they took versus the stand C-ouncil wants to take. If we
want a flag.perhaps we should direct them to come up with a
rendering _ this would have to,be done by vote.
Councilman Tice:
Councilman Chappell:
Wasn't there some type of criteria
where we specified that't-he city colors
were to be used?
I believe that was in the original
information to those that were going to
design the flag.
Councilman Shearer: Mr. Mayor, I don't think there was any
requirement that the city seal be used.
I believe there was a requirement that
the basic color of blue be'used'and that was the only requirement
made. I believe I brought it up at a meeting when some of the PTA
people were here to clarify what was an assumption on some people`s`
part that the winner would automatically become the City's flag.
We had quite a discussion here -that night and the decision finally
was that we would review them -.and if it came out there weren't any
that really came out too strongly — which is what has happened.
So I would want to see but not at $120 but perhaps some person can
sketch in more detail than the sketches we sate on the wall.
Mayor Browne: Apparently the replica of the city seal
is.the most costly part of making it.
-Iwill send this to Mr. Eliot and if he
• will draft a reply with some guidelines as to our impressions and
directions so they will not be left wondering what the true intent
on our part is. (Mr. Eliot agreed to draft the letter.)
— 25 —
• 11
CITY COUNCIL Page Twenty-six
COUNCILMEN'S REPORTS/COMMENTS 4/26/76
Councilman Chappell: As you all know, the League Board met
with the Supervisors and the funding
of the ATC funds will be for another
year. At the same meeting there was an attempt made to get the
prevailing wage charter changed and get it on the ballot. To
date we have not received the third vote necessary. So the.final
• answer tie don't know.
The League requested RTD to call an
election to replace Mrs. Gregory as the League's directive says
the representative to RTD should be an elected official.
Mrs. Gregory has seen fit not to resign because RTD says she doesn't
have to. So we will probably be holding an election providing we
can get the approval up and down the line to replace her. At the
present time there is no replacement for Mrs. Gregory.
Councilman Tice: I have two items. Easter morning there
was an Easter Bunny at my door with an
Easter basket with a vote of thanks
from the All City Band. I thought that was very appreciative of
them. Also, I think we all received a letter from a gentleman
commending us and reaffirming his faith in the elected officials.
I thought this was very nice and very well put.
Councilman Shearer: Two or three meetings ago I passed out
a packet of material on Proposition 15
that will be on the June ballot. As I
stated earlier this evening it is my feeling that Council should
only address itself to propositions which have an effect on the
City as a whole. I think the City of West Covina is probably the
highest consumer of electricity within the City and Proposition 15
has a definite effect on the City as well as on every individual
citizen. I am asking that the Council go on record in opposition
• to Proposition 15. I'..think it is an overkill. I -believe that
the provisions in Proposition 15 which tie in the ability of
present nuclear plants in the State to operate at a capacity ties
in with a provision that the Federal Government do something is ill--
conceived because that is like saying - you don"t play the game my
way I will take my ball and go home. That is the surest way to get
Senators from Arkansas, Missouri, Missippi, Maine, etc., to say
what are you trying to make us do you people in California? I
don't think that is the way to get resolutions adopted. Further
provisions allow a very small portion of the State Senate to block
certification of rules regarding safety. I think again placing in
a small minority the ability to greatly inhibit California from
progressing and not even progressing but status quo and even
.discounting some of the predictions as to energy shortfall, etc.,
with the fossil fuels, that there should be no question in anyone's
mind, environmentalists included, that if we don't do something
and do it quickly with proven sources of energy that if we wait to
develop the technology for more of the so called exotic sources of
energy that we may have a period of time when we won't be able to
brush our teeth electrically, dry our hair electrically and more
basically light our homes: I think it is an ill-conceived piece of
legislation, I don't fault the concept of safety but there is a risk
involved in everything we do and I think in this case the payoff is
worth the risk we take, ,
I would move that the Council go on
•, record in opposition to passing Proposition 15.
Councilman Tice: Mr. Mayor, a comment. For a good many
years the organization I am working for
has been handling nuclear materials and
I personally have been involved in reviewing the requirement set
- 26 -
•
CITY COUNCIL Page Twenty—seven
COUNCILMEN'S REPORTS/COMMENTS 4/26/76
forth by ERTA and the State of California. All the years we have
been handling materials we have never had any safety problems.
The requirements put forth by the State and Federal Government are
very stringent. So I personally feel there is not a safety problem.
I would second Councilman..Shearer's motion.
Motion carried.
APPROVAL OF DEMANDS Motion by Councilman Shearer to approve
Demands totalling $1,452,235.86 as listed
on Demand Sheets of U.C.B.No. 55006
through 55161 and B.A. No. 399 through 400; seconded by Councilman
Tice and carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
ADJOURNMENT Motion by Councilman Shearer to adjourn
meeting at•10:33 P.M., to Monday, May 3,
1976 at 5:00 P.M.; seconded by Councilman
Chappell and carried.
APPROVED:
2
- 27 -