05-22-1978 - Regular Meeting - Minutes•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
MAY 22, 1978
The regular meeting of the City Council was called to order at
7:30 P.M. by Mayor Herb Tice. The Pledge of Allegiance was led by
Councilman Browne; the invocation was given by Councilman Shearer.
VOT T r'AT T
Present: Mayor Tice; Mayor Pro Tem Chappell;
Councilmen: Miller, 'Slear,er., -_Browne.
Others Present:H. Fast, C. Lennard, G. Davidson,
L..Eliot, H. Thomas, M. Miller,
R. Diaz, A. Koniarsky, M. Volmert,
T. Tynes, G. Salazar, C. Yoshizaki,
B. Fowler, B. Freemon - S.G.V.D.T.
APPROVAL OF MINUTES The following corrections were made
May 8, 1978 to the minutes of May 8, 1978:
May 15, 1978 Page 22, the vote on Resolution No.
5695 should reflect four "Ayes" and
one "No - Miller." Page 24, paragraph
5 should read: "...of approximately 60 consecutive dual meets..."
Motion made by Chappell, seconded by
Browne to approve the minutes of May 8,1978, as corrected, and May
151 1978, as submitted. Motion carried.
CONSENT CALENDAR
1. WRITTEN COMMUNICATIONS
a), ROYAL 'CANADIAN LEGION
POST NO. 167
161 S. Glendora Ave.
West Covina, Ca.
b); DISABLED AMERICAN
VETERANS CHPTR NO. 44
P . 0. Box 572
West Covina, Ca.
c), JEWISH WAR VETERANS OF
USA POST N0: -1776
West Covina, Ca.
d) V.F.W. POST NO. 8620
2328 W. Merced Ave.
West Covina, Ca.
e).1 AMERICAN LEGION
POST NO. 7.90
330 N. Azusa Ave.
West Covina, Ca.
Request permission to have
fireworks stands for the period
of July l 4, 1978. (Approved
in prior years. Recommend
approval subject to T.U.P.
procedure.)
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CITY COUNCIL May 22, 1978
Consent Calendar Page Two
2. PLANNING COMMISSION
a,)' SUMMARY OF ACTION May 17, 1978. (Accept and file) .
3.ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
a�l TRACT NO. 28406
ACCEPT IMPROVEMENTS
Donald L. Bren Co.
backfill for street lights.
Insurance Company's Bond No.
4. ABC APPLICATIONS
a;), HOWARD L. BOOTH &
EDGAR E. UFERS
Location: Gemini Street, Kathleen,
Kerry, Kate, Kam, Joan and Justine
Courts, Kimberly and Jacqueline Drive.
Accept street, sewer, storm drain and
water improvements, and trenching/
Authorize the release of the American
7205451 in the amount of $446,500.
Chief of Police recommends NO PROTEST
dba THE CREST TAVERN
1232 W..Francisquito Avenue
bf)j AUGUSTIN & THE STING
CLEMENTINA MIRELES 340 N. Azusa Avenue
1006 Conlon Avenue
La Puente, Ca.
5. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK
• (Deny the following claims and
_ Claimants to be so notified.)
a) JAMES F. BASONE Claims damages alleging sewers backed
1451 E. Thackery Ave. up on March 21, 1978.
West Covina, Ca.
b,), DON E. LINDERMAN Alleges car stuck in mud on March 30,
1703 N. San Gabriel Blvd. 1978.
So. -San Gabriel, Ca.
c;) THOMAS A. PEIKERT Claims damages to vehicle alleging
1511 S. Navilla Place hole in road on No. Vincent Avenue
Baldwin Park, Ca. on April 7, 1978.
d,) BILL HAMILTON Claims damages due to tree falling
2649 Altamira Drive into yard breaking fence on March 4,
West Covina, Ca. 1978.
e;) VIDO ARTUKOVICH & SONS Claims damages to employee's truck
INC. (WILLIAM F. GAGE JR.)in a traffic collision allegedly
. caused by a malfunctioning traffic
signal on February 28, 1978.
6. TRAFFIC COMMITTEE MINUTES
a) REVIEW OF ACTION May 16, 1978. (Accept and file)
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CITY COUNCIL May 22, 1978
Consent Calendar Page Three
7. ADMINISTRATIVE REVIEW BOARD
a) SLIGHT MODIFICATION Geoffrey Brooks
NO. 91 2249 Highspire Drive
West Covina, Ca.
Request encroachment to required
setback. Denied by ARB on May 8, 1978. (Informational - Accept
and file)
8. CITY TREASURER
a)_.=MONTHLY REPORT April, 1978. (Receive and file)
Tice requested that Consent Calendar
Item 6a be withdrawn for dicussion.
Motion made by Chappell, seconded by
Browne that the City Council approve the Consent Calendar with the
exception of Item 6a. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
ITEM 6a Tice requested and received Staff
clarification of Item I of the
Traffic Committee Minutes.
• Motion made by Chappell, seconded by
Browne that the City Council accept and file Consent Calendar Item
6a. Motion carried.
GENERAL AGENDA ITEMS
AWARD OF BIDS
BID NO. 78-168 Bids received in the Office of the
DIAL ACCESS PAGING TERMINAL Controller up to 10:00 A .M. on
Wednesday, May 3, 1978, and thereafter
publicly opened and read. Held over
from May 8, 1978 to this date. Council reviewed the Controller's
Report.
Motion made by Chappell, seconded by
Browne that the City Council award Bid No. 78-168 to Motorola to
provide a Dial -Access Paging Terminal for the amount of $6,283.68,
including tax. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
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CITY COUNCIL
Public Works
May 22, 1978
Page Four
PUBLIC WORKS
CITYWIDE STREET LIGHTING AND Location: Citywide
• LANDSCAPING DISTRICT NO.1978-79 Staff -presented the Engineer's Report.
RENEWAL
The City Attorney presented:
RESOLUTION NO. 5696 A RESOLUTION'OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE REPORT OF THE CITY
ENGINEER OF SAID CITY MADE PURSUANT
TO THE REQUIREMENTS OF RESOLUTION
NO. 5678 OF SAID COUNCIL.
RESOLUTION NO. 5697 A RESOLUTION OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER
CERTAIN STREET LIGHTING FIXTURES AND
:9PPURTENANCESTO BE INSTALLED, MAINTAINED AND ELECTRIC CURRENT TO BE
FURNISHED FOR LIGHTING FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO
BE INSTALLED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1,
1978 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION
THERETO. (Setting Date of June 26, 1978 for Hearing.)
Motion made by Shearer, seconded by
Chappell to waive further reading of the.bodies of each of the
resolutions and to adopt Resolutions No. 5696 and 5697. Motion
• carried on roll call vote:
AYES: Shearer, Browne, Chappell, Tice
NOES: Miller
(Miller vote in opposition consistent
with his opposition to Landscaping Districts; did not oppose any other
aspects of the resolutions.)
WOODSIDE VILLAGE LANDSCAPE
MAINTENANCE DISTRICT NO. 4
(1978-79) RENEWAL
Location: West of Azusa and east of
ridge line, north of Amar Road, south
of the landfill, south of Amar Road,
east of Shadow Oak Drive, west of
Nogales Street.
Staff presented the Engineer's Report.
RESOLUTION NO. 5698 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE REPORT OF THE CITY
ENGINEER OF SAID CITY MADE PURSUANT
• TO THE REQUIREMENTS OF RESOLUTION
NO. 5679 OF SAID COUNCIL.
RESOLUTION NO. 5699 A RESOLUTION OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER
CERTAIN MAINTENANCE OF EXISTING
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CITY COUNCIL
Public Works
May 22, 1978
Page Five
LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICATION
OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN SAID DISTRICT,,
FOR THE FISCAL YEAR BEGINNING JULY 1, 1978, AND APPOINTING A TIME
• AND PLACE FOR HEARING PROTESTS IN RELATION THERETO. (Setting Date
of June 26, 1978 for Hearing.)
Motion made by Shearer, seconded by
Chappell to waive further reading of the bodies of each of the
resolutions and to adopt Resolutions No. 5698 and 5699. Motion
carried on roll call vote:
AYES:
NOES:
SUPPLEMENTAL REPORT
ON GRADING
W & A BUILDERS
(Informational
Miller, Shearer, Browne, Chappell, Tice
None
Location: Northerly of Amar Road,
east of Nogales Street.
Report) (Tice polled the Council to determine
consent to open this matter for public
input. Council concurred on consent.)
Staff presented the Report.
Tice pointed out that the action of
the City Council this date would not be to approve or disapprove the
• Report presented by Staff, but would be to receive and file same.
Mr. 0. Varela Resident of Tract 30682, Lot No. 53.
2434 Marcella St. Explained that he resides adjacent to
West Covina, Ca. Lot No. 52, which has a slope of 332
feet. Read the following exerpt from
the West Covina Municipal Code:
"Section 7312, Article E, Drainage of Terraces: All fill slopes in
excess of 30 feet vertical height shall have paved drainage terraces
at vertical intervals not to exceed 25 feet." The West Covina
Municipal Code is based on the Uniform Building -Code, Article 7012,
which reads, "Article B, Terraces: Terraces at least six feet in
width shall be established at no more than 30 foot intervals on all
cut or fill slopes to control surface drainage." Pointed out that
the City Engineer had approved plans from W & A Builders, noting that
they complied with the Municipal Code. Questioned then the purpose
of the Code, calling attention to Section 7301, which reads, "The
purpose of this chapter is to safeguard lives, land, property and
public welfare by establishing minimum requirements." Stressed
"minimum requirements" noting that the Codes would consider 30 feet
a minimum requirement for installation of drainage terraces, and yet
the City Engineer approved plans in accordance with Beech and Leighton's
• recommendation to build a lot with a slope of 332 feet high without
drainage terraces. Wondered if the City had to wait for rainfall to
test something to its minimum Code.
Informed the Council this date that
because he resides adjacent to a slope of 332 feet in height, that
the slope fell during rainfall causing deterioration of the lateral
support of the slope, that his slope fell also, as did the slopes of
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CITY COUNCIL
Public Works
May 22, 1978
Page Six
other neighbors. When major slopes fell, loss of the lateral support
created a domino affect. Therefore, the residents of the subject
tracts were not talking about five slopes (as given in the Staff
• Report), but, rather, over 30 slopes.
Reported that the Hearthstone
Homeowners Association will be filing over 30 different complaints
with the State License Bureau. The City Engineer, Mr. H. Thomas,
will be named for accepting the slope grading explanation as sub-
mitted by W & A Builders through Beech & Leighton.
Reported that his daughter had been
injured while playing on the slope behind his residence. She was
injured because she was playing in her own backyard which contains
the remains of the slope that was built 332 feet high. He will be
submitting a complaint, naming the City of West Covina as liable.
Tice explained that the City can
deviate from the standards if a licensed, professional engineer
so recommends.
Varela stated that it was so
recommended, and that he was sorry at this time that the recommendation
was carried out.
• Mr. R. O'Bannon Resident of Tract 30682, Lot. No. 52.
Reiterated the comments made by Staff
that physical inspection of the sub-
ject tracts had been made, and that it was Staff's opinion that all
things had been done according to Code.
Called attention to the approved
Finished Grading Plans for Tract 30728, Lot 47, which calls out a
terrace extending 222 feet onto the property line of Lot 47.
Reported that in actuality, there is no terrace there at all. The
terrace ends 17 feet before it reaches Lot 47. (Slope height: 392 feet)
According to the approved plan for
Tract 30682, Lot 19, a terrace extends 45 feet from the east onto
Lot 19. In actuality, it is 8 feet. (Slope height: 37 feet)
Referred to Section 7319 of the
West Covina Municipal Code re Modifications, and read, "All modifica-
tions of the approved grading plans must be approved by the Building
Official. All necessary soils and geological reports shall be sub-
mitted with the plans. No grading work in connection with the proposed
modifications will be permitted without the approval of the Building
• Official. Modifications which affect the basic tract design or land
use must have the approval of the Planning Director':"
Noted that in the two cases cited
(where there is a mid -slope terrace shown on the plans, but none
in actual existence), he had not been able to find any modification
approvals. He would, therefore, find that these are actual violations.
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CITY COUNCIL
Public Works
May 22, 1978
Page Seven
This would be in conflict with Staff's statement that there are
no violations.
• Mr. D. Diller President of the Hearthstone
2751 Maria Court. Homeowners Association.
West Covina, Ca. Called attention to the section of the
Municipal -Code referring to Ground
Cover. Felt this was important due
to Staff's comment that one of the major causes of the slope failures
was sparse ground cover. Read Section 7315, "The face of cut and fill
slopes shall be planted and maintained with a ground cover approved
by the Building Official to protect the slopes against erosion as
soon as practical and prior to the final approval of the grading."
•
•
Felt that it would be logical that
final grading approval mould take place before people move into
their homes. Reported that in his case, however, the ground cover
was sprayed onto his slope at least a full month after he moved into
the home. Suggested that if it was so important that the ground
cover had not had a chance to root, then this would be the most
important violation. Stated that his slope did not fail until after
a considerable amount of rain; perhaps if;his�.ground cover had had
2, 3 or 4 more months to grow, it would not have come down at all.
Mr. L. Cook Referred to the Staff Report wherein
2724 Miranda Street reference was made to "slough wall
West Covina, Ca. at the bottom of the slope."
Requested that facts and figures be
presented to support such statements,
i.e. which part of which tract; which slope, which wall. Given this
information, the Association would be able to check out such things
themselves.
Considering how many things the
laymen homeowners have found to be wrong, wondered whether or not the
City Staff, who are experts, really did check and really did their job.
Mr. Diller
Considering that there are some Code
violations that are obvious, wondered
if there was anything the Council
could do about it.
a. meeting
Browne recalled/that the City Manager,
the City Engineer, the Mayor,__Mr. Diller and himself had in which
the same context had been discussed. During that meeting, Browne
asked if the City Engineer could obtain from the soils engineers their
certification as well as geological reports which they presented to
the City, and the City approved. It had been his understanding that
to this point in time, the City had not received any reports, only
certification.
Staff stated that the reports received
were the preliminary soils and geology reports as prepared at the
time the plans were submitted. In addition, there was a final report
which contains any changes made in the original report.. Certification
was then received as to conformance with the soils engineer's recommen-
dations. The City has not received the items such as the daily
compaction reports.
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CITY COUNCIL
Public Works
May 22, 1978
Page' Eight
Browne stated that he would request
the City secure the daily work schedules, the daily compaction reports
and the content of the certification. He felt that the residents were
requesting some deeper investigation by the City. While he knew that
the Staff had gone into depth, he felt that Staff could, perhaps, go
a little farther. °
Referring to the modifications that
were permitted as cited by the homeowners, Browne requested that the
Council see the modifications that were granted to the developers.
Browne also requested the report
from the on --site City'Inspector who was assigned to certify the
work.be made available to the Council.
Strongly felt that the homeowners
should be supplied all of the pertinent facts on this matter.
Suggested that once the items he requested were available, that a
meeting be arranged with representatives of the Association, Staff
and Council.
Staff noted that receipt of reports
from the developer (re Browne's requests) would be -on a voluntary
basis.
.Browne felt that the City could and
• should place some demands on the developer, particularly since the
City approved certain plans based on their certification.
In response to request by Shearer,
the City Attorney commented as follows concerning the City's role
in this matter. "I have had discussions with the City Engineer with
respect to the requirements of the Uniform Building Code and the City
Ordinances specifically concerning 30 foot drainage. I think that
the City, in terms of the requirements of the Ordinance concerning
the inspections, has conformed with.those requirements. It is not
a requirement of the UBC that anything over 30 feet obtains the
provisions of the UBC because the UBC specifically states, '...unless
otherwise indicated on the plans submitted by the soils engineer.'
In this case, I think the duty of
the Council at this point -is to make sure=iwith respect to the actual
inspections given, that the duties and responsibilities outlined in
the Code were followed by the Staff and the City. If that was the
case, then, at least as a legal matter, the City would not be legally
responsible.
I think that in addition to that, in
the event that there are other questions regarding violations of the
Code that have been brought up tonight by some members of the public,
with respect to other violations which I have not seen addressed in
this report, nor have I discussed on any basis with Mr. Thomas, that
the matter might be appropriately submitted to Staff to see if, in
fact, there were any modifications made or if there are any Code
CITY COUNCIL
Public Works
May 22, 1978
Page Nine
requirements that were not met by the developer. The Council should
at'least get a report back with regard to those omissions or violations
of the Code as they were alleged tonight.
In the event that there is something
required by the Code that has not been met, then, of course, the
responsibility of the City would be to require that the developer
complete that in accordance with the requirements of the Code.
If, in fact, all of the requirements
of the Code have been met, I believe that the duties and obligations
of the. -City would have been met. I think it is then up to the home-
owners,,_
ile whatever claims they wish to file against the developer.
And, of course, obviously, they have the right to file any claims
against the City, following the normal claims procedure required-
as a prerequisite to any other suit.
Absent that, I think that, at least,
on the basis.of the report that you have before you tonight, I mould
just repeat that it is my opinion that the City has followed all of
the necessary requirements of its own Code and the requirements of
the Uniform Building Code."
Chappell pointed out that there were
land slippages'throughout the City because of the very heavy rain.
Noted the tremendous amount of slippage in the area of his own home,
• where the homes have been built for some seven years. They had seven
years of landscaping as well as cement carry-alls to carry the water
down the slopes. The rain was just unbelievable'? in that nature.
Since some allegations against viola-
.tions had been presented, Chappell felt that the requests made by
Browne were in order. Stated that the Council sat with the advice
of the City Attorney, and waiting for the information requested by
Browne.
Miller concurred with the comments
made by Browne, particularly with respect to the need for clarifica-
tion of the Code relating to terraces on slopes of 30 feet. Felt
that it was imperative that the action taken by Staff be clear to
the public as to the nature of adjustments that were made along the
line.
Noted that these requests were in no
way meant to discredit the professionalism of the Staff, but rather
to clarify in what areas adjustments can be made.
• Staff invited the residents present,
and anyone else interested, to come to the City Hall, Engineering
Department, to review all of the documents in the City's possession
concerning this matter. Stated that they are of public record and
would be.made available upon request.
CITY COUNCIL
Public Works
May 22, 1978
Page Ten
Staff indicated they would attempt
to complete the file relative to the reports requested by Browne,
and to contact Mr. Diller, as President of the Association, so as
• to share whatever information becomes available.
Mr. 0. Varela Stated that the officers of the
Association had consulted, and
requested time to present one
last plea to the Council.
(Time granted.)
Suggested that the City would go in
circles if Beech & Leighton is asked to check Beech & Leighton's
report, or if Mr. H. Thomas is asked to check his own reports.
The Association, therefore, plead for a neutral report on the matter.
Shearer stated that he could
appreciate the feelings of the residents; if he was in their position,
he would probably feel the same way. But, felt that any report would
be unsatisfactory until.one was given that the homeowners liked.
That answer would, obviously, be that "'someone else is going to do
something for me." Although he realized it was an unpopular thought,
he felt that the answer could only be decided in the courts. Did
not think it would be right of the City to lead citizens on, prepare
additional reports, etc. because it would only go around in circles.
Tice agreed that it might well be that
the matter will have to be settled in the courts, but he felt that
some new items had been introduced this date that the City should
look into and provide an answer.
Motion made by Miller, seconded by
Shearer that the City Council receive and file the Supplemental
Report on Grading. Motion carried.
PROPOSED ANNEXATION OF Location: Northerly of Shadow Oak
SHADOW OAK PARK TO' COUNTY Drive between. Adrienne Drive and
SANITATION DISTRICT NO.21 Woodgate Drive.
Staff presented the Report.
Motion made by Chappell, seconded by
Shearer that the City Council authorize the Mayor to request the
Board of Directors of the County Sanitation Districts to waive
the annexation charges for Shadow Oak Park. Motion carried.
• ORAL COMMUNICATIONS
Mrs. B. Uribe Representing West Covina Beautiful,
11_21 E. Greenville Dr. presented a Grievance Petition from
West Covina, Ca. a group of citizens of West Covina
who find themselves in an untenable
situation for which there seems to
be no recourse.. The untenable situation is a neighbor who seems to
own an ever -changing and inordinate number of automobiles at all
times. The automobiles are always parked on the public streets
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CITY COUNCIL
Oral Communications
May 22, 1978
Page Eleven
and in the neighbor's own yard, which causes an unsightly neighbor-
hood and prevents surrounding homeowners from the ordinary use.of public
street parking areas fronting their homes. In addition, there is also
• the constant noise of the cars at all hours of the day and night.
The petition stated: "We, the
undersigned, citizens and voters in the City of West Covina, wish
to petition the.City Council of West Covina to consider a City
ordinance prohibiting overnight street parking of vehicles in areas
to be designated by the City of West Covina. In your consideration
of this petition, 'we would;_like to point out that the following
surrounding San Gabriel Cities currently have ordinances against over-
night parking: Covina, Baldwin Park, from 2:00 A.M. until 5:00 A.M.,
La Puente, from 2:00 A.M. until 5:00 A.M., San Gabriel and Glendora.
We thank you for your consideration of this petition."
Tice recalled a request of this type
in years prevkous.- Cost ofI implementation and enforcement were
prime considerations at that time. Referred the petition to Staff
for report to the Council.,
Shearer suggested that Staff also
consider various methods of alleviating the problem other than
limited parking.
Mr. H. Carr Representative of 75 ;`t0 nants of
• 2700 S. Azusa Continental Millage Apartments.
West Covina, Ca. Reported that thet tenants have a
number of problems, many of which
could not be solved by the City
Council because they have to do with management. Requested help
with one or two, if possible.
Stated that during the rains, 35
apartments were flooded out causing many people to have to move.
The management provided very little help; they did pump out the water.
The people who were forced to leave had rent refunds coming to them,
but have never received them.
Reported that the drainage problem
still exists, so the same situation could occur again.
Imagined that when the Continental
Village Apartments came before the City for approval, the plans
showed many facilities, including recreational facilities to enhance
their position and.request. Reported that since that time, the
recreational facilities have been closed, the swimming pool heater
has been turned off, and the laundrorriat;-prices have been increased.
Wondered if there was anything that
the Council could do to help to prevent the complex from turning
into a slum situation.
CITY COUNCIL May 22, 1978
Oral Communications Page Twelve
Upon request by Tice, the City
Attorney explained that there was very little that the City could
• do re actual management of the building, prices of the laundromat,..�,
etc. However, if the recreation facilities are in violation of any
development plans or ordinance requirements, the Staff can investi-
gate the premises and make appropriate contact with the management.
Council referred the matter to Staff.
Mr. G. Welch Addressed the Council re Propositions
1552 Maplegrove Street 8 and 13. Expressed appreciation to
West Covina, Ca. the Staff for their cooperation in
answering some of the questions he had,
but noted that those answers posed
other questions for which he hA d'not receivedanswers.as yet.
Referencing the pamphlet received by
all voters, he called attention to Proposition;8 and the actual
amendment to Article 13, Section 9.5, and read, "The legislature may
provide for the taxation of owner -occupied dwellings. Owner -
occupied dwellings, as defined by the legislature,or anyfraction of
the value thereof at a rate lower than that levied on other property.
In no event may the tax rate levied on other property be increased
as a result of lowering the tax rate levied on owner -occupied dwellings."
Recalled that most of the Council was
• in favor of Proposition 8. (Tice interjected that the only position
taken by Council to.this point was to advise the citizens to care-
fully study both Propositions 8 and 13, and to vote according to
their own mind.)
Asked the Council if it condoned
"hidden taxes," or opening the door for additional "hidden taxes."
Felt that under Proposition 8, the legislature mould have the ability
to assess different.types of properties at different rates, and that
the only property that would be assessed at a lower rate would be
the owner -occupied property. Therefore, the `effect of Proposition 8
mould be to lower the taxes on owner-occupied'property, and conse-
quently, other property would be assessed at a higher rate. That
other property could be a single family residence that is rented to
someone, or the filling station, or the grocery store, or any other
business property. Businesses could then pass on this increase to
the consumer, their only source for the money to pay their taxes.
The consumer would have to pay higher prices for the product of .the
business - "hidden taxes."
Tice referenced an answer to this
• situation as given by Senator Behr, which indicated that it would
not be possible to increase other taxes to offset the loss from
lowered owner -occupied property taxes.
Chappell noted that Proposition 13
would permit increased income tax.
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CITY COUNCIL
Oral Communications
May 22, 1978
Page Thirteen
Welch suggested that if he was on the
Council, he would not have been a proponent of Proposition 8. Stated
• he believed that the voters have three alternatives - Proposition 8,
Proposition 13, or neither one. Felt that the people would be better
off voting for neither than for Proposition 8, which mould open the
door to "hidden taxes."
n
Miller reiterated that his stand
on this matter remained as expressed on May 8, 1978 - that he would
take no stand, except to encourage voters to examine the propositions
carefully, and to vote according to their convictions.
PUBLIC HEARINGS
UNCLASSIFIED USE PERMIT NO.223 Location: Northwest corner of
NEGATIVE DECLARATION OF Francisquito and Walnut Avenues.
ENVIRONMENTAL IMPACT Request: Approval of an unclassified
Rodeffer Investments use permit to permit the construction
and operation of a coin operated 10
court racquetball facility in the C-2
(General Commercial) Zone, and certification of the Negative Declara-
tion of Environmental Impact. Denied by Planning Commission Resolution
No. 2850. Appealed by applicant on April 26, 1978. Proof of Publica-
tion in the West Covina Tribune of the Notice of Public Hearing on
May 11, 1978 received. 47 Notices mailed.
Staff presented the Report.
In response to question by Tice,
Staff explained that the Police Chief had been contacted this date
to verify that his feelings .regarding this use remained the same.
The Department continued to feel that there mould be problems with
trying to patrol the use as proposed.
PUBLIC HEARING OPENED
IN FAVOR
Mr. H..Schrey
25881 Avenue de Cabrillo
San Juan Capistrano, Ca.
Reported that the news that the
Police Department had been contacted
re the use proposed by the applicant
for the site (which had been owned by
the applicant for some seven years)
was new to him.
To present his case, Schrey read
the Staff Analysis as printed in the Staff Report dated April 19,
1978.
Schrey reported that communication
had transpired between himself and Mr. J. Bond, who spoke in opposition
to the use at the Hearing before the Planning Commission, in which Mr.
Bond outlined his opposition to the proposal.
- 13 -
CITY COUNCIL May 22, 1978
Public Hearings Page Fourteen
U.U.P. No. 223
Schrey indicated that the proposed
use would benefit the City of West Covina in that it would be an
. additional form of recreation, and that it would be desirable for
the neighborhood, as outlined in the Staff Analysis.
Stated that the applicant has its
own security forces to patrol their facilities; its own landscaping
and maintenance crews to maintain their facilities. Felt that a
proper building could be constructed for the proposed use - one that
the City and the applicant and the community could be proud of.
Noted that when the matter came
before the Planning Commission for Hearing, the Commission was
offered only one resolution on its Agenda. That was to deny the
unclassified use permit and the Environmental Impact Report. It
has.been his experience to see a Commission or Council presented
with dual resolutions - one to deny arid(jsone to approve, as was
presented the Council this date. Therefore, felt that the "deck
was stacked against the applicant" in that Hearing.
Sincerely requested the Council
review the application.
Upon question by Miller, Schrey
explained that the applicant does not currently have any like
• facilities in operation; one is pending in Anaheim. The applicant
does have a large racquetball facility in the City of Westminister,
but it is an attended facility. It is a successful operation.
Upon question by Browne, Schrey
reviewed the materials that would be used in the construction of
the building - concrete tilt -up, steel doors, steel door jams,
asphalt parking lot, concrete block walls, and landscaping around
the perimeter. Access to each court would be from the exterior;
each court would have a door, with no access from one court to
another. Six inch concrete walls would provide interior separation
of the courts. Noted that due to the construction, very little noise
would be emitted from the building, which would be constructed to
least bother the residential area.
Upon question by Browne, Schrey
explained that enameled plaque signs giving the name and address
of the management would be located near the bill machines so as
to advise clients how to redeem any bills lost in the machines.
The bill receptors would be built into the building; would be checked
and emptied on a daily basis.
• Browne noted that while the applicant
was new to the proposed use, having its own landscaping and maintenance
crews would indicate -involvement in other businesses. Schrey reported
that Rodeffer '.Investments is probably better known as San Gabriel
Valley Ready -Mix, builders of many concrete buildings, which are often
- 14 -
CITY COUNCIL
Public Hearings
U.U.P. No. 223
May 22, 1978
Page Fifteen
managed by the applicant and as such the applicant has these crews
available. The company prides itself on proper maintenance and
appearance.
Chappell asked if the applicant
planned to keep and manage
the subject use. Schrey explained
that the applicant planned
to start a chain of racquetball courts
as proposed this date. Noted
that other businesses as referred
to this date have been of a
build -buy -sell nature, but that it was
the intent of the applicant
to manage the racquetball courts chain.
IN OPPOSITION
Mr. J. Bond
Reported that he had 'opposed the
15981 Altwood St.
proposed use at the Hearing before
Valinda, Ca.
the Planning Commission, and that
since that time he had received a
nice letter from the applicant. He
and his wife had returned the letter outlining their opposition to
the proposed use.
Wondered how often the graffiti
would'be removed -from the building.
Asked how near to Schrey's home was
the nearest racquetball court.
• Asked how often a patrol from the
security service would be'conducted.
Felt that the proposed use belongs
near a freeway or a business district; i.e. the existing facility
in Westminister located by a freeway.
Read the letter sent by his wife and
himself to the applicant. Basically, the letter addressed the
following points: (1) That the sport of racquetball is quickly
growing and deserves the type of facility proposed as long as it
is located in an area other than residential. (2) That the courts,
as proposed, would offer complete privacy to any activity and would
be monitored only by periodic patrol service. (3) That it would
be essential that there be an attendant on duty at all times, and
that the courts be visible from the exterior at all times. (4) That
consideration be given to operation on a 24-hour basis. (5) That
while there are visible shortcomings of certain parts of the subject
neighborhood, people do live there and should be remembered. (6)
That while the weed -covered vacant lot is undesirable, a concrete
building, no matter how well landscaped or maintained, would not be
• much of an improvement, and it would be very permanent. (7) That
the use would attract more litter to the area where litter is already
a problem. (8) That it would be unrealistic to think that enough
parking had been proposed because people would walk to the facility;
most Californians do not walk over two blocks if they do not have to.
With an existing traffic and noise problem in the area, the additional
traffic and parking problems would create a hassle.
- 15 -
CITY COUNCIL
Public Hearings
U.U.P. No. 223
Mrs. D. Espinoso
15973 Altwood Street
• Va linda , Ca.
IN REBUTTAL
Concurred with the
Bond, adding that
noise already with
in the area.
May 22, 1978
Page Sixteen
statements of
there is enough
the motorcycles
Mr. H. Schrey Re the appearance, felt that it would
be a matter of personal preference as
to whether a weed covered lot would
be desirable over a sell —landscaped and maintained building.
Re the litter, stated that there
would be no fitter caused by the proposed use. There would be no
coin operated snack or beverage machines on the premises. Concrete
trash containers would be provided on the site, and would be emptied
as required.
Re traffic and parking, reported that
the applicant had proposed parking in accordance with the City Code,
and had been advised that the streets in the area could handle the
amount of traffic anticipated by the use.
Re graffiti removal, explained that
it would be done on a daily basis.
•
Did not feel that Bond's question
re the nearest location of a racquetball court to his home was a
fair question that had any bearing on the case.
COUNCIL DISCUSSION Shearer stated that as he understood
the matter, the reason that it had
come before the Commission and the
Council was because it had been proposed that the use be unattended;
Staff confirmed his understanding. He had not heard any testimony
directed towards this reasoning.
Felt that if there was any reason
for not having unattended uses, this would be it. It would be a
facility that no one could see into; people could put the correct
bill into the machine and go in behind locked doors.
Did not feel that the applicant had
met the required findings.
Browne concurred with the statements
• of Shearer, explaining the problems that he felt would be created for
the Police Department by the proposed unattended use, and the diffi-
culty that the Department has in enforcing law on private property.
The additional problems would add to the tax burden on strained needs
for more Policemen in the area.
- 16 -
CITY COUNCIL May 22, 1978
Public Hearings Page Seventeen
U.U.P. No. 223
Miller, too, expressed his concern
for the unattended aspect of the use. Indicated that he would not
• be totally opposed to the use if it was attended or if adequate
security was provided; i.e. hours of operation in the realm of 8:00
A.M. until 12:OO midnight; security patrol each half hour; visibility
of the interior of the courts.
Chappell noted that he did not feel
that the Council was indicating opposition to racquetball; in fact,
the City has a racquetball facility similar to that in Westminister
which is located along the San Bernardino Freeway. Felt that the
unattended use would be just asking for problems, however, and they
could be in excess of the problems that exist in some parks: There-
fore, even though the building, the landscaping, the maintenance, etc.
would be nice, he would have to oppose the matter.
Suggested that an attendant on duty
could give lessons, etc. to make money and offset the cost.
Tice indicated that he concurred with
most of the comments made by his fellow Councilmen, in particular
policing of the use and the inability to observe what would be going
on inside of the building.
He did not enjoy the position of being
• one of the first cities to have such a facility, since there was no
experience upon which to base any facts.
Stated that he resides across the
street from a park that can be clearly observed by the Police, and,
yet, there are some unusual noises that come from the park in the
middle of the night.
Concerned also that people would use
the parking lot for a gathering place, adding traffic and noise to
the community.
Staff reported that if the Council
'was going to vote to deny the request, no action would be needed on
the Negative Declaration of Environmental Impact.
RESOLUTION NO. 5700 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA , CALIFORNIA,
DENYING UNCLASSIFIED USE PERMIT NO. 223.
• Motion made by Chappell, seconded by
Browne to waive further reading of the body of said resolution, and
to adopt Resolution No.*5700. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
a
- 17 -
CITY COUNCIL May 22, 1978
Public Hearings Page Eighteen
Amendment No. 143
THE MAYOR CALLED A RECESS OF THE COUNCIL AT 9:23 P.M. THE COUNCIL
• RECONVENED AT 9 : 35 P.M.
AMENDMENT NO. 143 Location: Citywide
CATEGORICAL EXEMPTION Request: Approval of an amendment
City -Initiated to Chapter 1, Zoning, of the West
Covina Municipal Code, to modify
the standards for fences and walls
in the required front yard. This case is considered Categorically
Exempt and no Environmental Impact Report or Negative Declaration
is required. Recommended by Planning Commission Resolution No. 2855.
Proof of Publication in the West Covina Tribune of the Notice of
Public Hearing on May 11, 1978 received. No Notices Mailed.
Staff presented the Report, kq
clarifying the Report upon request re the fact that any fence
above 42 inches in height shall be 50 percent unobstructed.
Council requested that Staff reword the language of the proposed
amendment to more clearly reflect this regulation.
Shearer asked if the intent of the
current fence limitations was to provide for traffic visibility -
street, corner, and driveway situations. Staff responded that the
driveway and corner situations would be controlled -by Section A
• of the proposed ordinance, and would provide for continued traffic
visibility.
Shearer suggested various methods
of building a fence that would negate the required 50 percent
visibility from a driveway. Staff stated that approval of the
fence designs would be by the Planning Director. It would be his
responsibility to determine that such would not be the case, and
that visibility would be maintained. Drawings of acceptable fences
would be available to the public.
PUBLIC HEARING OPENED
TN FAvnR
No one came forth to speak in favor.
IN OPPOSITION
Mrs. A. Bergman Concurred with the need to clarify
426 S. Leaf Avenue the language of the proposed amendment,.
West Covina, Ca.
Felt that the impotence of the
amendment was generated by the desire for ornamental iron fencing.
• Noted that such fencing must be connected to posts, and that logically,
one or more posts would exist at a driveway and could obstruct the
view. Recommended that the Council refer the matter back to Staff
for further study of such situations, and that the specific allowable
designs be called out in the amendment.
Staff indicated that Section A would
cover the situation proposed, and explained the method of measurement.
•
CITY COUNCIL
Public Hearings
Amendment No. 143
PUBLIC HEARING CLOSED
COUNCIL DISCUSSION
May 22, 1978
Page Nineteen
Shearer indicated that he was still
concerned with visibility from drive-
ways, feeling that there was potential
for fences to be erected that mould create visibility problems. He
requested that Staff look into this further, and that perhaps sketches
could be furnished to illustrate what types of fencing mould be allowed.
Having recently lost a loved one
because an automobile backed up and due to poor visibility, ran
over a child, Miller concurred whole heartedly with the concerns,
comments and request of Shearer.
Council determined that it would
direct the City Attorney to prepare the necessary ordinance based
on the premise that Staff would clarify the language of the proposed
amendment, look into the matter further as requested by Shearer,
and furnish Council sketches of types of allowable fencing.
ORDINANCE INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA
MUNICIPAL CODE BY AMENDING SECTION 10702.12 OF ARTICLE X, CHAPTER 1,
PART VII RELATING TO FENCES AND WALLS IN THE REQUIRED FRONT YARD IN
THE R-A AND R-1 ZONES.
Motion made by Chappell, seconded by
Browne to waive further reading of the body of the ordinance.
Motion carried.
Motion made by Chappell, seconded by
Browne to introduce said ordinance. Motion carried.
BOARDS, COMMISSIONS, DEPARTMENTAL AND OTHER MISCELLANEOUS ACTION ITEMS
PLANNING COMMISSION
ORANGEWOOD SPECIFIC PLAN Staff presented the Report.
Motion made by Shearer, seconded by
Chappell that the City Council re -affirm the recommendation of the
Planning Commission and instruct Staff to begin the Orangewood
Specific Plan in accordance with the work program setforth in the
reports presented this date. Motion carried.
REQUIREMENTS FOR LOW COST Staff presented the Report.
SENIOR CITIZEN S`.' HOUSING
• Motion made by Browne, seconded by
Chappell that the City Council instruct Staff to proceed with studies
and processing through Planning Commission for City Council approval
a revision to the City's Zoning Ordinance to permit the unclassified
use permit approach to permit low cost Senior Citizen's"°'Housing in
West Covina. Motion carried.
- 19 -
CITY COUNCIL
Boards, Commissions, etc.
PERSONNEL DEPARTMENT
EXTENDED LEAVE OF ABSENCE
Kathleen Greffly
May 22, 1978
Page Twenty
Staff presented the Report.
Motion made by Chappell, seconded
by Shearer that the City Council grant a 30 day leave of absence
extension without pay for Kathleen Greffly for maternity purposes
and that such leave will conclude on June 16, 1978, after which time=
said employee will return to work. Motion carried.
POLICE DEPARTMENT
LEASE FOR E.V.B.I.T.
Staff presented the Report.
Motion made by Miller, seconded by
Shearer that the City Council authorize the Mayor and the City
Clerk to execute said lease. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
CITY ATTORNEY
ORDINANCE INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING PARTS 1, 2 AND 3-
OF CHAPTER 1 OF ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE BY
• ADOPTION OF THE 1976 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM
HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS,
UNIFORM SIGN CODE, UNIFORM MECHANICAL CODE, UNIFORM BUILDING CODE
STANDARDS, UNIFORM PLUMBING CODE AND THE 1975 EDITION OF THE NATIONAL
ELECTRICAL CODE, AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO
MEET LOCAL CONDITIONS.
Motion made by Chappell, seconded by
Miller to waive further reading of the body of said ordinance. Motion
carried.
Motion made by Chappell, seconded by
Miller to introduce said ordinance. Motion carried.
Motion made by Chappell, seconded by
Browne that -the City Council set the date for Public Hearing of this
ordinance on June 26, 1978. Motion carried.
ORDINANCE INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 3191 OF THE WEST COVINA MUNICIPAL CODE RELATING TO
A DECREASE IN THE MAXIMUM SPEED LIMITS.
•
Motion made by Chappell, seconded by
Browne toy -waive further reading of the body of said ordinance. Motion
carried.
Motion made by Chappell, seconded by
Browne to introduce said ordinance. Motion carried.
- 20 -
CITY COUNCIL
City Attorney
May 22, 1978
Page Twenty-one
ORDINANCE NO. 1378 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
• THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 3190 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO AN INCREASE IN MAXIMUM SPEED
LIMITS.
Motion made by Browne, seconded by
Chappell to waive further reading of the body of said ordinance.
Motion carried.
Motion made by Browne, seconded by
Chappell to adopt Ordinance No. 1378. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
ORDINANCE NO. 1379 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
- THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE WEST COVINA MUNICIPAL
CODE BY AMENDING SECTION 10602.05 OF ARTICLE X, CHAPTER 1, PART VI,
RELATING TO MONUMENT SIGNS IN THE 0-P, P-B, 0-S, I-P ZONES.
Motion made by Browne, seconded by
Chappell to waive further reading of the body of said ordinance.
Motion carried.
•
Motion made by Browne, seconded by
Chappell to adopt Ordinance No. 1379. Motion carried on roll call vote:
RESOLUTION NO. 5701
ADOPTED
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING CITY OWNED VEHICLES LISTED
AS SURPLUS.
Staff presented the Report.
Motion made by Shearer, seconded by
Miller to waive further reading of the body of said resolution, and
to adopt Resolution No. 5701. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 10:03 P.M. IN ORDER
TO CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING. THE COUNCIL
RECONVENED AT 10:05 P.M.
- 21 -
CITY COUNCIL May 22, 1978
City Manager Page Twenty-two
CITY MANAGER
MANPOWER CONSORTIUM Staff presented the Report.
AMENDMENT
Motion made by Shearer, seconded by
Miller that the City Council approve the amendment to the Joint
Exercise of Powers.Agreement and authorize the Mayor and the City
Clerk to execute the document. Motion carried.
HUMANE SERVICES AGREEMENT Staff presented the Report.
. Mrs. Bergman requested Council
permit her to address this matter. Council granted her request.
Mrs. A. Bergman Asked the Council to consider
426 S. Leaf Avenue whether an increase in the license
West Covina, Ca. fee imposed upon people already
obeying the law would be fair,
since they would not have need
for the services provided by the Humane Society. Felt that all
of the citizens of the City benefit by the services supplied, and
that it would be unfair to obtain the money to support the services
from those who are law abiding. Suggested that it would be a proper
expenditure from the General Fund, or that charges be made upon
people who register complaints or that otherwise call for service.
• Shearer indicated that he felt it
was unfair to increase the fee imposed upon "honest dog owners,"
those who admit that they own a dog and pay for the license.
Concurred that the services provided are for all of the citizens
in West Covina, whether the people own a dog or not. The service
is also extended for all animals, although dogs might create the
most nuisance and require the most service.
He therefore opposed an increase
at this time, but felt that if it was necessary, that it should be
supplemented from General Funds. Suggested that if it becomes
necessary to cut services after June 6th, this might be one to
consider.
Regardless of the vote on the matter,
Shearer questioned if the City is receiving $8,662 worth of service
per month. Requested that the Staff prepare a report with answers
to the following questions: (1) The hours and numbers of patrols
that routinely cover the City. (2) The number of calls answered in
the City by type; i.e. pick up a dead animal, stray dog, etc.
(3) The number of animals picked up in West Covina by type (cat,
dog, horse) and whether they were dead or alive. Whether the animals
were picked up by routine patrol or by call. With this information,
he felt that the City could determine whether the service is needed.
Tice recalled that he has been a
critic of the Humane Socity based on several experiences that have
not been too good. He suggested that Alternative 41, as presented by
Staff, might be the best action for the Council at this point.
- 22 -
CITY COUNCIL
City Manager
May 22, 1978
Page Twenty-three
Staff reported that cities who
do their own patrol service and contract for pound service were
contacted. Those cities indicated that they feel they are receiving
• a better level of service; however, it is costing them more money.
The cost has been the major factor with cities instigating their
own service. Inroads on the matter are hopeful through the
Consortium.
Browne concurred with the statements made
.,�by Shearer, sharing concerns for the costs portrayed in the
Report. Agreed with the need for a report, as requested, if the
information is -available. Recommended that Staff seek more factual
information from without the San Gabriel Valley, from cities in
other areas who have instigated their own service.
Staff indicated that a report, as
requested, would be forthcoming. Recommended that the City Council
take some action to provide the service until such time as the
report is complied, reviewed and the course of City direction is
established. Reviewed the four alternatives presented to the
Council in the Staff Report.
Motion made by Shearer, seconded by
Browne that the City Council adopt Alternative 42 a Modified Contract
with the Humane Society, and authorize the Mayor and City Clerk to
execute a contract with the San Gabriel Valley Humane Society.
• Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
MAYOR'S REPORTS
CITY SELECTION Tice reported that it was necessary
COMMITTEE ALTERNATE for the Council to elect an alternate
for the City Selection Committee of
the Southern California Rapid Transit
District. Chappell is the present representative of the City.
Recommended Shearer.
Motion made by Browne, seconded by
Miller to appoint Shearer as the alternate representative to the City
Selection Committee of the Southern California Rapid Transit District.
Motion carried.
PROPOSITION NO. 13 Tice reported that at the_la-st,,
meeting of the Council he abstained
on vote for Council opposition of
Proposition No. 13 since he was not prepared to give his rationale
• for his position. At this time he was ready to do so in order that
he let the voters of the City know his personal views.
After analysis of.Propositions No. 8
and 13, he felt that Proposition No. 8 is a more realistic and
encompassing piece of legislation for accomplishing tax relief.
Reviewed the items that would be accomplished by same.
- 23 -
n
CITY COUNCIL
Mayor's Reports
May 22, 1978
Page Twenty-four
Felt that Proposition No. 8 is a
start in removing non -related property tax items from the property
tax base; i.e. welfare, certain medical costs, etc. These items
should be shifted to the Federal government and tightened up.
If it passes, would want to see other non -related property tax
items removed from the property tax base.as well; i.e. cost of
courts, State elections, Aid to Dependent Children, etc.
Removing all of these items would reduce the County rate by some
$3.00/hundred.
Noted that'Proposition No. 8
would reduce the property tax between 30 and 33 percent. Referred
to document edited by the County Administrator's Office, and
pointed out.the highlights of the benefits of Proposition No. 8
calling attention to the items that are specified in the legislation.
Felt that Proposition No. 8 'would
force governmental entities to seek more efficient and economic
methods to provide services to the public. It has a more profound
longrun effect for efficiency and economy in local government
without totally destroying and dismantling local government and
future loss of what little local control there is left.
Briefly covered,the disadvantages
of Proposition No. 8 - it does not go far enough in'removing non -
related property tax items; it is not as large a direct proposed
tax relief a.s proposed under Proposition No. 13; it is subject to
the future actions of the State legislature; it does, not change
the present assessment practices; and, it is about ten years too late.
Reviewed the advantages and disadvan-
tages of Proposition No. 13 - property tax would be cut approximately
57 percent; growth in property tax would be curtailed by freezing
assessments to 2 percent a year; it would require a-2/3 vote to
increase taxes in order to make up lost revenue; it provided a shock
to government authorities in California; it is 9ve.r-simplistic and
vague and because of this may be tied up in the courts for years,
declared unconstitutional, and leave the. citizens with no tax relief;
it,is a short term solution that could have dire effects on the values
of both residential and business properties in the longrun; there are
no provisions for alternate sources of financing, and the citizens
may end up paying more in the longrun; it could mean the loss of
what little local control there is left; there is no specific guarantee
of renters relief or relief for -homeowners over 62 years of age; it
will continue to shift the property tax burden from businesses to
homeowners; it will lower the level of services in the local
communities. Felt that the additional taxes imposed would eventually
erode the tax savings proposed by the initiative.
In essence, stated that neither of
the two proposed propositions would be the ultimate answer to
property tax reform; reform is needed, not a shift, and both would
provide a shift to another tax base. Again, after analysis and
all factors considered, his support would be for Proposition No. 8.
- 24 -
CITY COUNCIL
Mayor's Reports
May 22, 1978
Page Twenty-five
Assured the citizens that no matter
what the result of the election on June 6th, the City would continue
to provide the best services possible depending upon the restraints
• placed upon it.
COUNCILMEN'S REPORTS/COMMENTS Shearer stated that it was unfortunate
that citizens were not present to hear
Tice's statement. Noted that his
feelings re the propositions remained the same as stated at prior
Council meetings; suggested that people could find out how he was
going to vote by looking at his bumper sticker.
Browne stated that he would not try
to influence voters by sharing his position Did not feel that any
number of statistics brought out by either side would convince 100
percent of the people. Offered only the following statement on
Proposition No. 8: "Our State legislators- ->:-have been there for
years, vacilating, procrastinating, and because of the Jarvis -Gann
Proposition they have suddenly come up and tried to put together a
package to influence the public. They still have full control, and
can change at any time, if they wish. The name of the game is not
changing one bit in Sacramento. If people want to know how I am
going to vote, and I am not -trying to influence anybody, I am going
to vote for Proposition No. 13."
Browne.recalled the City ordinance
• requiring the posting of a bond before displaying any political
campaign signs in public areas of the City. Wondered if all of the
candidates of the current election had posted said bond.
Staff reported that the process of
posting bonds had occurrdd'and that many candidates had complied;
however, Staff was unable to off -hand state if all condidates had/,
done so. Staff would look into the matter May 23, 1978. Enforce-
ment of the requirement mould -be carried out to the extent possible.
Upon question by Shearer, the City
Attorney indicated that to the best of his knowledge requiring the
posting of a bond was legally within the rights of the City. He
would check into the matter and properly advise the City Manager.
Browne and Shearer indicated their
concern for the value of the ordinance if it was unenforceable.
Browne suggested that Staff also
look into State law along this line.
• Staff indicated a report would be
forthcoming to the Council.
Council instructed Staff to begin
immediate enforcement of the requirement, if deemed legally within
the City's rights by the City Attorney.
- 25 -
CITY COUNCIL
Councilmen's Reports/Comments
May 22, 1978
Page Twenty-six
Chappell stated that he felt in fair-
ness to the community, the citizens should know how their City Council
stands on the various propositions and why. In light of the statements
made by Tice, who had abstained on vote on May 8, re Council opposition
to Proposition No. 13, Chappell again offered his motion.
Motion made by Chappell, seconded by
Shearer that the City Council of the City of West Covina go on record
as opposed to Proposition No. 13. Motion carried"on roll call vote:
AYES: Shearer, Chappell, Tice
NOES: Miller, Browne
Miller explained that he voted "no"
because he did not feel that the Council should go on record in
this matter.
Shearer recalled other issues that
the Council has gone on record to support or oppose; felt that this
issue should receive the same treatment to be consistent 'with past
a c-tion.
Motion made by Chappell, seconded by
Tice that the City Council of the City of West Covina go on record
in support of Propositions No. 1 and 8.
• Shearer stated that he could not
support the motion because he had not yet made up his mind on these
propositions. Explained that -Proposition No. 8 did not scare him
as to its impact on the City of West Covina,..
The motion failed on roll call vote:
AYES: Chappell, Tice
NOES: Miller, Shearer, Browne
APPROVAL OF DEMANDS
Register Sheets UCB 67848
vote:
ADJOURNMENT
0
Motion made by Chappell, seconded by
Browne to approve Demands totalling
$900,667.51 as listed on Demand
through 68106. Motion carried on roll call
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
Motion made by Shearer, seconded by
Chappell that the meeting be adjourned
at 10:55 P.M. - - ti-
Motion carried.
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