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
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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—
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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
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a
a W
W
e0q
y
Ww
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o
m o o 00
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a
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a
0
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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