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03-14-1978 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF CITY COUNCIL CITY OF WEST COVINA,.CA.LIFORNIA MARCH 14, 1978. The adjourned regular meeting of City Council called to order at • 7:30 P.M. by Mayor Shearer. The Pledge of Allegiance was led by Councilman Browne; the invocation was given by Councilman Miller. ROLL CALL Present: Mayor Shearer;..Mayor Pro Tem Tice; Councilmen: Miller, Chappell, Browne Absent: None Others Present: H. Fast, L. Preston, G. Wakefield, L..,Eliot, M. Miller,,M. Volmert, T. Tynes, A. Koniarsky,. Rick Paikoff B. Freemon — S.G.V.D.T. UNFINISHED BUSINESS W. & A. BUILDERS The Mayor stated because of the HOMEOWNERS ASSOCIATION catastrophic storm problems have been REPORT created affecting a number of citizens in the south part of the City. Council heard from the homeowners on two occasions; we requested staff to present to us a report with regard to the allegations made to determine what if any the role of the City is in this particular matter. • Mayor Shearer: As yet we have heard -from the developer with regard to the meeting he had last night with the homeowners. He will pre— sent his status report tonight. I would like to emphasize that the role of the City Council in this matter is not one of arbitrating between the developer and the homeowners. If there is any dis— agreement between the two parties as to who is liable or not liable that is a responsibility of a court of law and not an elected body such as the City Council. The City's role in this matter is to determine what obligations the City may have with regard to our responsibilities in the situation. So I want to emphasize that this City Council is not legally or morally, in my opinion, have any responsibility in attempting to say one party or the other p-arty is right or wrong in any dispute. D. Anderson (In summary. Spoke of the problems in President the Hearthstone Tract; pointed out this W. & A. Builders was a historical storm and at only 3 1623 26th St.9 times since 1878 have we had rainfall Santa Monica that exceeded this rainfall season, which is not yet completed. Displayed large cards depicting the rainfall from December 17, 1977 to March 11, 1978 — totalling 15", which is the normal rainfall throughout an • entire season. Stated in February in '9 days there was 9" of rain which created the problems due to the previously saturated slopes and in March so far we have had an additional 9" rain.) (Explained what W. & A. Builders did during this rain period; displayed a map showing the 4 phases being constructed and inhabited in Hearthstone; pointed out the locations of ground slippages and referred to a Soils -Engineer report, copy of which was presented.to staff. Briefly went — 1 — CITY COUNCIL ADJOURNED MEETING o Page Two 3/14/78 through the conclusions presented in the report: it was found that drainage swale's along the houses were blocked, in some cases water was being discharged over the top of the slopes and running down the slopes; in one instance a homeowner had installed rain gutters • which were discharging ..water over the slope;- another had a Jacuzzi discharging over the. slope;,block walls were constructed at the toe of the slope and not backfilled; in other cases not backfilled pro— perly which took away the support of the slope. Landscaping in Phase II was allowed to dry out last summer. Submitted pictures to Council re blocking the side yard drainages. Explained.) We established a Prevention Program to try and prevent this type of thing from happening. We did include in the CC&R's which the homeowners signed, a section regarding slopes and drainage (read). At the time the homeowner moves in we give them a maintenance manual (staff has a copy of the manual) and it covers all items regarding the maintenance of house and grounds. (Read section covering grounds) In the first 90 days we maintain, after that time the homeowner receives'a letter advising him he has to take over the maintenance of the slope along with the manual for doing so. After reviewing the situation I have con— cluded that W. & A. Builders has no liability concerning the problem. I recognize, principally, we had a major 'storm, but if there were a cyclone that took off the roof. -of their house we would not have a liability, and I classify this in the same category. However, recognizing that if W., & A. wer,e.to continue to maintain that position and the issue would,have to be settled in court it would be a year or two to get settled and we would • have irate homeowners and discord in th�e.community. 'Therefore, I met with the homeowners last night and after -'thinking about this for sometime and arriving at what I think is a very charitable solution I proposed to them that W. & A�. Builders would provide the technical legal knowledge necessary�to create legal documents necessary to give the right to go in and correct the slopes. I recognize to do the necessary work it would be cheaper and better to do it with one contractor, do it all atone time, and resolve the problem. So I proposed we would provide the legal expertise to provide the legal documents necessary, we would provide the soil expertise to rectify the problem, we would use our abilities to negotiate with the subcontractor to obtain the lowest price and indemnify the homeowners from any liens by their work. We.would restore the slopes and plant the slopes and restore the sprinklers that W. & A. originally,installed to their original condition. I pointed out I expected both the homeowners that have damage in their yards and those homeowners above to participate, because in my opinion the homeowners above are more responsible for the problems than anyone — homeowners to contribute $1500 to a -separate escrow and we would utilize those funds to do the work and any deficiency would be made up by W. & A. Builders. I estimated 40 homeowners would be in— volved contributing $609000. According to their estimates they are saying on an individual basis at least that it would take from $10,000 to $20,000 per lot to rectify the problem. So that is somewhere between $200,000 and $400,000. So W, & A. would make up any difference between the $60,000 and whatever it takes to solve the problem. I expected homeowners would restore any damaged walls and landscaping that he has put in.and sprinkler systems he has put in at their own —expense. I also suggested and it is not indicated in this document, but I felt every home— — 2 — CITY COUNCIL ADJOURNED MEETING Page Three 3/14/78 owner ought to -waive his right of suit against his neighbors and we solve the problems. I met with them last night and submitted •this. I talked -to Mr. Fast today - the attitude.they had last night was that they would not accept it - but Mr. Fast told me today they are still considering. I feel W. & A. Builders is a very responsible builder, we are part of the Watt Industries and been in business many Years and will be in business for many years to come. I feel we.have indicated our responsiveness in this situation - by helping in the clean up work without being asked and by being willing to try and solve this problem. I don' .t know of any other builder that has done.this much. I will be glad to answer any questions. Mayor Shearer: Thank you, Mr. Anderson. We appreciate your taking time to come this evening and give us a status report. As I said in my opening remarks, I don't think it would behoove us to comment on how good we think your offer is or any other attitude towards it. We hope:.that"-the matter can be resolved so as you say, there is no major continuing problem in the area. I think beyond that we can only thank you for your presentation. CERTIFICATION OF RESULTS'OF GENERAL MUNIC3.PAL=•ELECTION..-::.MARCH 7, 1978: Certificate of Canvass.presented.by;the:.City Clerk was received and filed and to'be.made,a.part of the minutes of this -meeting. • RESOLUTION NO. 5660 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF WEST COVINA ON THE 7TH DAY OF MARCH", 19789 DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Motion by Tice to waive full reading of said resolution; seconded by -Chappell. Motion carried. Motion by Chappell to adopt said resolution; seconded by Tice and carried on roll call vote: AYES: Miller, Chappell, Browne, Tice, Shearer NOES: None ADMINISTRATION OF OATHS OF OFFICE AND SEATING OF ELECTED COUNCIL MEMBERS Prior to the administration of oaths of office Mayor Shearer asked to make a few comments. Thanked his colleagues for allowing him the opportunity to serve as Mayor; • spoke of the role the Mayor plays in the City; expressed his enjoyment of it; thanked staff, his wife and family for their tolerance and cooperation; and for the support he received from many in his reelection City Clerk a-dmi:n:ister.ed :thre. Oaths: of Office ;-to .the reelected Councilmen, Browne and Shearer, and delivered the Certificates of Election. 3 - CITY COUNCIL Page Four ADJOURNED MEETING 3/14/78 City Clerk called for nominations for the Office of Mayor. Motion by Shearer nominating Tice for the Office of Mayor; seconded by Chappell. Motion carried on roll call • vote: AYES: Miller, Chappell, Browne, Tice, Shearer NOES: None Incoming Mayor Tice congratulated the outgoing Mayor on the fine job he did, stating as Mayor Pro Tem under Mayor Shearer he had learned a lot. Congratulated both Shearer and Browne on their reelection; and thanked his colleagues for their confidence in him. Tice said he was looking forward to a very challenging year; detailed.some of the problems facing the City in the coming year. One possibly would be providing the necessary services with possibly limited resources; stated the sales tax in the past few years has risen and right now it is more than the property tax revenue and if this trend continues we will have less reliance on the property tax and our future is insured. Hoped to continue improving conditions.for the handicapped throughout the City and enlarging to take in individuals that have hearing and visual impairments. Mentioned the excellent relationship of Council and Staff with other governmental agencies which he hoped would continue and get better. Reviewed areas he would like to look into in this coming year such as reviewing and • studying the possibility of a Charter City which legislation in Sacramento may force the City to go into. He would continue to work with the business community and the Chamber of Commerce. Depending on what happens in the June election it was his thought that in November the citizens would have the opportunity to vote whether or not they wanted a Community Cultural Center. In the -coming year more time would be spent on the home improvement -area for senior citizens; also some of the recommendations in the recent Ecnomic Study would be implemented. Circulation in the Plaza area will be studied and hopefully corrected. Went over some of the past accomplishments'of.the past few years. Mayor Tice I am looking forward to this year as Mayor, it is a new experience for me and it certainly promises to be a year of challenges and opportunities. NOMINATIONS FOR MAYOR The Mayor called for nominations for PRO TEM Mayor Pro.Tem.. Motion by Browne nominating Chappell for Mayor Pro Tem; seconded by Shearer. Councilman Miller: Mr. Mayor, I would like to exercise my right here and nominate myself as Mayor Pro Tem. Seconded by Shearer. City Clerk called for a roll call vote on the nomination of Chappell as Mayor Pro Tem. Motion carried: AYES: Chappell, Browne, Tice, Shearer NOES: Miller — 4 — • • CITY COUNCIL NOMINATION FOR MAYOR PRO TEM Page Five 3/1.4/78 City Clerk called for a roll call vote on the nomination of Miller for Mayor Pro Tem. Motion failed: AYES: Miller NOES: Chappell, Browne,'Shearer'-: Tice City Clerk announced the nomination of Chappell as Mayor Pro Tem. REMARKS BY MAYOR AND COUNCILMEN Councilmen congratulated the new Mayor and Mayor Pro Tem; Councilman;Brobhe t'hked those:that helped reelect;:<him`:and expressed:.tiis!.:g.ratitude .to his wife. DISTRICT GOVERNING BOARDS OF COUNTY SANITATION DISTRICTS NOS. 15, 21 AND 22 ALTERNATE Motion by Shearer nominating Mayor Pro Tem Chappell as the alternate -member; seconded by Browne. Motion carried. RESOLUTION NO.'5661 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ' DESIGNATING AN ALTERNATE MEMBER ON THE DISTRICT GOVERNING BOARDS OF COUNTY SANITATION D'ISTRICTS NOS. 15'_21 AND 22. Motion by Shearer to waive reading;,bf said resolution and adopt same; seconded by Browne and cat rried on roll call vote: AYES: Miller, Browne, Shearer, Chappell, Tice NOES: None PROCLAMATION' Hearing no objections Mayor Tice pro- claimed "Circus Day in the City of West Covina" - March 23, 1978. ADJOURNMENT ATTEST: CITY CLERK Motion by Shearer to adjourn meeting at 8:35 P.M.,, seconded by Browne and carried. APPROVED MAYOR - 5 - EXHIBIT "A" CITY CLERK'S CERTIFICATE OF CANVASS I, LELA W. PRESTON, City Clerk of the City of West Covina, County.of Los Angeles, State of California, duly authorized by Resolution No. 5649,adopted by the City Council of s.aid City on the 27thday of Februai 1978, do hereby certify that I have canvassed the returns of the regular general municipal election held in said City on the 7th day of March, 1978, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, the respective offices for which said persons were candidates, were as follows: DATED: ty Clerk for t4ie City of Wes na FOR AIEH3ER OF CITY COUNCIL l � A a q 4J w +j O O P N ►aU a a W W e0q y Ww � 0 00 o m o o 00 ca a) a 0 a 0 �' 4� ✓ +� C i o� O �� f: , x a Pq ua 1 1 & 58 79 60 51 5 195 104 985 2 2 & 8 80 67 70 7 22.4 123 976 3 3 & 102 38 26 40 104 56 509 4 4,..5 & 86 121 77 81 15 294 158 977 7 7 & 10 88 69 49 4 - - — 210 - 116 - - 1017 9 9 & 13 83 69 92 3 247 137 1054 11 ill & 17 99 68 107 274 157 922 12 112 &. 62 73 79 80 232 130 -- - -1030 15 15 & 16 80 72 53 205 Ill ..947 18 18 & 19 48 60 66 174 103 872 20 20 32 23 25 80 44 485 21 21, 69 & 70 38 34 16 88 49 417 22 22 & 78 164 167 89 1 421 232 1036 24 24 & 26 154 124 135 413 229 1195 25 25 & 63 131 156 98 385 213 933 27 27 & 91 .96 70 61 1 228 127 946 28 28 & 61 48 52 31 131 69 751 29 29 & 76 63 67 39 1 170 a 95 948 3� 30 & 32 60 51 47 2 160 85 . 954 31 31 &'48 76 70 65 211 115 1025 33 33 & 34 84 76 87 6 ! 253 137 999 35 35, 36 & 71 80 64 63 4 211 115 1093 37 37 & 60 36 29 35 100 59 894 38 38 & 39 75 86 106 267 148 803 40 40 & 41 94 82 77 253 135 1104 42 42 & 44 113 79 59 251 137 901 43 43 & 45 93 63 71 227 129 .973 46 46 & 52 127 90 124 341 196 950 49 49 & 50 103 90 91 1 1 286 159 934 51 51 & 65 157 116 96 369 198 999 53 153 &-54 124 138 83 1 1 347 191 980 55 155 27 l? 22 66 .37 620 56 56 32 25 37 94 53 454 57 :57 & 68 32 29 25 -' 86 47 562 66 66 & 80 19 17 21 57 3.3 664 67 '67 & 79 26 28 38 i 92 54 877 72 72 & 84 38 35 35 108 58 806 73 73, 81 & 82 19 17 47 1 .84 v 54 859 77 77 & Ill 190 151 99 440 232 970 Total 3120 2693 2511 51 3 8378 4625 34421 Absentee Vote 63 69 .54 186 103 Total 1 Votes 3183 2762 2565 51 3 8564 4728 344P1 Ca s t