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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.) - 1 - • 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) - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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. Z:� 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. - 7 - 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 - 10 - 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. - 12 - 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. - 26 -