10-09-1978 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
OCTOBER 9, 1978.
The regular meeting of the City Council called t-o order at 7:32 P.M.
by Mayor Herb Tice in the West Covina City Hall Council Chambers.
• The Pledge of Allegiance was led by Councilman Nevin Browne; the in-
vocation was given by Councilman Chester Shearer.
•
U
ROLL CALL
Present:
Absent:
Others Present:
PRESENTATIONS
RESOLUTIONS OF COMMENDATION
Mayor Tice; Councilmen: Miller,
Shearer, Browne
Mayor.Pro Tem Chappell (Due to ill-
ness)
L. Eliot, R. Terzian, L. Preston,
M. Miller, R..Diaz, H. Thomas,
G. Salazar, C. Yoshisaki, J. Keating,
N. Stevens, C. Meacham, M..Volmert,
R. Paikoff, A. Koniarsky, T. Tynes;
B. Freemon - S.G.V.D.T.
The Mayor Presented Resolutions of
Commendation to Selma Calnan who
served on the Recreation and Parks
Commission for several years; and to
Richard Alexander who served on the
Personnel Board for many years.
Both resigning Commissioners thanked
the City for the opportunity to
serve.
PROCLAMATIONS With no objections from Council the
Mayor moved this item up on the
agenda.
Hearing no objections from Council
the Mayor proclaimed "National Business Women's Week" - October 15-
21, 1978 and presented the proclamation to the representative.
r Hearing no objections by Council the
Mayor proclaimed "Chamber of Commerce Week" - October 15-21, 1978
and presented the prochaimation to the representative.
APPROVAL OF MINUTES Motion by Shearer to approve the
minutes of September 25, 1978 as
submitted; seconded by Miller and
carried.
CONSENT CALENDAR
1. WRITTEN COMMUNICATIONS
a) EUGENIA PELLI'ZZON .
League of Women Voters,
P.O.Box 1656
West Covina
b) THE SALVATION ARMY
900 W. 9th.St.,
Los Angeles
Re County Pro position "C". (Council)
(Refer to Page,,-,3)
Request permission to place
Christmas Kettles with attendants in
the city from November 249 1978
through December 23, 1978. (Approved
in prior years. Recommend approval)
CITY COUNCIL
CONSENT CALENDAR — Cont'd.
Page Two
10/9/78
c)
LEUKEMIA SOCIETY OF
Request permission to conduct annual
AMERICA, INC.
fund—raising drive from 10/15/78
606 Wilshire Blvd.,
to 11/15/78 and waiver Charity
Santa.Monica
Solicitation License Fee. (Approved
in prior years. Recommend approval.)
•
2.
PLANNING COMMISSI-ON
SUMMARY OF ACTION
October 4, 1978. (Accept and file)
3.
RECREATION AND PARKS COMMISSION
SUMMARY OF ACTION OF
SPECIAL MEETING
September 21, 1978 (Accept and file)
SUMMARY OF ACTION
September 262 1978 (Accept and file)
ACTION ITEM:
Refer to Agenda Item No. D-2a
4.
PERSONNEL BOARD
MINUTES
July 25,,1978 (Receive and file)
ACTION ITEM FROM MEETING
OF 10/3/78
Refer to Agenda Item No. D—la
5.
HUMAN RESOURCES COMMISSION
SUMMARY OF ACTION
September 28, 1978 (Accept and file)
ACTION ITEM:
Refer to,Agenda Item.No. D-3a
6.
ABC APPLICATIONS:
Chief-oP Police recommends NO PROTEST.
a)
Douglas L. Salisbury
dba-MONTEREY BAY CANNERS, INC.
2682 Circle Dr.,
3057 E•. Garvey Avenue
.Newport Beach
Arthur L. Salisbury
214 Narcissus
Corona del Mar
Gary V. Thompson
7110 Colter Circle
Anaheim
Ronald F. Higgins
1300 Via Cataluna
Palos Verdes Estates "
7. ACCEPTANCE OF IMPROVEMENTS AND/OR -RELEASE OF BONDS
a) PARCEL MAP'NO. 7905 'Location':' Eas't Garvey Avenue —South
ACCEPT GRADING IMPROVE— at Monte Verde Drive.
MENTS — SCHONE HOMES, INC. Accept grading improvements and
authorize the release of Security
Pacific National Bank Passbook
No. 210-963.in the amount of $6,700
(Staff recommends acceptance)
b) TRACT NO.
33017
Location:
West of Nogales Street,
MONUMENT
BOND
south of
Francesca Drive.
• BUTLER—UMARK
Authorize
release of Cash Deposit
in the amount
of $1, 300. (`Monuments
in place.
(Staff recommends release
of bond)
c) TRACT NO.
32567
Location:
Mossberg and Orange
MONUMENT
BOND
Avenues.
BATTAGLIA.DEV.
COMPANY
Authorize
release of American Motor—
ist Insurance Company Faithful Per-
- 2 —
CITY COUNCIL
CONSENT CALENDAR — Cont'd.
Page Three
10/9/78
formance Bond No. 7SM 111701 in the
amount of $330. Monuments in place.
(Staff recommends release of bond)
• d) TRACT NO. 23006
Location: East of Shakespeare Drive,
ACCEPT STREET, SEWER,
south of Shadow Oak Drive,
STORM DRAIN AND WATER
Accept street, sewer,, storm drain and
LINE''IMPROVEMENTS
water line improvements. Authorize
UMARK, INC.
release of St. Paul Fire & Marine In—
surance Company Faithful Performance
Bond No. 400 DR 4400-157 in the amount
of $4149900. (Staff recommends accept—
ance and release of.bond)
e) TRACT NO. 28406
Location: Jacqueline Drive and
MONUMENT BOND
Gemini Street.
DONALD L. OREN COMPANY
Authorize release`of'American Insur—
ance Compan,y Faithful Performance
Bond ,No. 72'05452 in the amount of
$19770. Monuments in place. (Staff
-recommen.ds.release.of bond)
Phyllis Wittenberg, Legislation and
Action Director of the League of Women Voters requested removal of
Item 1—a.
Motion by Browne to approve the
Consent Calendar items with
the exception of Item 1-a; seconded by
Shearer and carried on roll
call•vote:
• AYES:
NOES:
Miller, -Shearer, Browne, Tice
None
ABSENT:
Chappell;
ITEM 1—a
RE COUNTY PROPOSITION "C"
Phyllis Wittenberg Presented to Council in writing a
League of Women Voters letter and an Endorsement Form and
of the East.San Gabriel verbally asked for Council endorse —
Valley ment of a YES vote on Proposition C
creating an elected county executive.
Councilman Shearer: Mr. Mayor — I support Proposition A
as an individual, however I don't
believe it directly affects West
Covina as a City and I think we have enough issues in West Covina as
a City without becoming involved in Proposition A, or whatever,
unless it specifically affects West Covina as a City. Therefore,
I would oppose taking a position of "yes" or "no" as a City Council.
If you want my endorsement as an individual I.will give it to you.
Browne, Miller and Tice, agreed with
Shearer's comment that this does not affect the City of West Covina
directly and therefore they would not as a Council indicate a 'ryes"
• or 11no1' posit -ion.
Motion by Shearer to receive and file
.the letter from the League of Women Voters; seconded by Miller and
carried on roll call.vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
3 —
CITY COUNCIL:
GENERAL AGENDA ITEMS
AWARD OF BIDS
PROJECT NO. SP-78003
FEDERAL AID PROJECT NO. HHS-
• 005 (719) - LA-DOT.(H-5-78-
878) INTERSECTION.WIDENING,
TRAFFIC SIGNAL MODIFICATION
AND CHANNELIZATION
DELINEATION AT VARIOUS`
LOCATIONS
Page Four
10/9/7B
Location: Cameron and Va_linda
avenues; Amar Road and Azusp.,Ave.;
and Amar Road, 500 feet east of Azusa
Avenue.
Bids received in the Office of the City
Clerk up to 10:00 A.M., on Wednesday,
October 4, 1978, and thereafter
publicly opened and read..
(Council reviewed. Engineer's report)
Motion by Shearer to accept the bid
of Crowell & Larson (low bidder) for $80,782.40, subject to approval
of the California Department of Transportation and Federal Highway -
Administration; seconded by Miller.
(Shearer asked with regard to the
intersection of Cameron and Valinda included in this project is
there any proposal to restrict parking beyond what is restricted
now and staff answered "no".)
Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
BID NO. 79-18 Bids were received in the Office of
1500 GPM TRIPLE the Controller up to 10:00 A.M., on
COMBINATION PUMPER Wednesday, September 27, 1978, and
• thereafter publicly opened and read.
(Council reviewed Engineer's report)
(Shearer asked if the l% discount
in 30 days was 30 days from point of delivery of the coach or
awarding the contract - staff advised delivery of the coach.)
Motion by Browne to award Bid No.
79-18 to furnish a 1500 G.P.M. triple combination fire pumper to
Crown Coach Corporation for the amount of $90,277.78 including sales
tax, and to appropriate $90,277.78 from the Replacement Fund 190-
36761 to pay for such purchase; seconded by Shearer and carried on
roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
BID NO. 79=20 Bids r,e.ceived in the Office of the
PROVIDING -BUS BENCHES Controller up to 10:00 A.M., on
Wednesday, September 27, 1978, and
thereafter publicly opened and read.
(Council reviewed Controller's report)
Motion by Shearer to award Bid No. 79-20
• to provide 36'bus benches to Duracast for the amount of $7,550.34,
including tax; seconded by 'Miller and carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell'
- 4 -
E
•
CITY CQUNCIL
PUBLIC WORKS
APPROVE PARCEL MAP NO.
10913 — DEVONSHIRE
DEVELOPMENT COMP -ANY
RESOLUTION NO. 5765
ADOPTED
Page Five
10/9/78
Location: West of Nogales Street,
south of Amar Road.
(Council reviewed Engineer's report)
The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY.OF WEST COVINA, CALIFORNIA,
APPROVING THE FINAL MAP OF PARCEL
MAP NO. 10913.
Motion by Shearer to waive full read—
ing of resolution and adopt same; seconded by Miller and carried on
roll call vote:
AYES:
NOES:
ABSENT:
TRACT NO. 23006
LOT LINE ADJUSTMENT
RIDGEWOOD DEVELOPMENT
RESOLUTION NO. 5786
ADOPTED
Miller, Shearer, Browne, Tice
None
Chappell
Location: West of Nogales Street,
south of Shadow Oak Drive.
(Council reviewed Engineer's report)
The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CAL.IFORNIA,
APPROVING A LOT LINE ADJUSTMENT AND
DIRECTING THE RECORDATION THEREOF.
Motion by Shearer to waive full read—
ing of resolution and adopt same; seconded by Miller and carried on
roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
1056 SPRING MEADOW DRIVE (Council reviewed Engineer's report)
SLOPE FAILURE RESTORATION
Motion by Browne to establish Project
Account No. 79014 for the repair of storm drain damage, public works
improvements and appropriate $1.,426 from the Disaster Relief Fund
#123.1 for engineering design,work; and accept the proposal of Jay Kim
Engineers, Inc., and authorize this company to prepare plans and
specifications for the work to be done; seconded by Shearer and
carried on roll call vote:
AYES:
NOES:
ABSENT:
AUTHORIZATION FOR REQUEST
FOR PROPOSAL — SAN JOSE
HILLS WATER STUDY
Miller, Shearer, Browne, Tice
None
Chappell
Location: South of Cameron Avenue,
west of�Grand Avenue.
(Council reviewed Engineer's report)
• Browne asked the source of funding?
Mr. Eliot, Assistant City Manager,:stated at the time the amount i-s
determined when the proposals are -received staff will come back to
Council with the amount and a recommendation; that the money could
come from either unappropriated balances of the City or might
be some sharing of the costs with the water companies; at this time
no bid is being awarded, staff is simply asking to go out and receive
proposals. Browne stated he felt the burden should be borne by the
development companies in the area; Councilmen agreed. Eliot said
— 5 —
CITY COUNCIL
Page. Si'x
PUBLIC WORKS — Cont'd.
:10/9/78
that will also be brought back to Council once the proposals are
in hand; no contracts will
be let until Council has made their
wishes known.
•
Motion by.,.Shearer to authorize the
City Engineer to request proposals for'the preparation of the San
Jose Hills Water.Stu.dy; seconded by Miller and carried.
ACCEPTANCE OF OPEN SPACE
Location: North of Amar Road and
LOTS — TRACT NO. 30682
east of Nogales Street.
W & A BUILDERS, INC.
(Council reviewed Engineer's report)
.RESOLUTION NO. 5787'
The City Attorney presented:
ADOPTED
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST.COVINA, CALIFORNIA,
ACCEPTING CERTAIN PARCELS OF.LAND.
FOR OPEN SPACE PURPOSES WITHIN
WOODSIDE VILLAGE MAINTENANCE DISTRICT
NO.. 4, AND DIRECTING THE RECORDATION
THEREOF.
Motion by Browne to waive full read—
ing of resolution and adopt
same; seconded by Miller and carried on
roll call vote:
AYES:
Miller, Shearer, Browne, Tice
NOES:
None
ABSENT:
Chappell
AUTHORIZATION FOR ENGINEER—
Location: East of Nogales -Street
ING STUDY OF WATER PUMPING
and north of LaPuente Road in the
• STATION B-1 OPERATION
City of Walnut.
(Coup"cil reviewed Engineer's report)
(Tice s
ties inhouse to go into the°detailofthis lft watersystemwithouhe bili—
t
going outside; the City Engineer stated "no% Browne asked if it is
a failure in the original design and staff said they are not certain
what it is but it is possible that it is in the design. When asked
if the City had recourse staff said "yes" and if it is in the design
a claim will be filed; Umark is holding some S17,000 due to the
company that designed the system so the City would have some recourse.
In answer to Browne's question what if the study finds it.will be at
a tremendous additional cost to rectify the problem and the City
Engineer said that it is not anticipated that there will be a major
cost — individual items in the system have generally operated
satisfactorily but when hooked into the automatic node they have not
functioned properly.)
Motion by Shearer to authorize the
use of an amount not to exceed $4,500 from'the Unappropriated Water
Fund Account for the investigation�of;Booster Station 8-1 operation;
and authorize the City Engineer to ,contract with the firm of Perliter
and Ingalsbe to investigate the operation of"=B-1 Booster Station and
recommend remedial action; seconded:by Miller and carried on roll call
. vote: .
AYES:'Miller..Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
CITY COUNCIL
Page Seven
ORAL COMMUNICATIONS
10/9/78
ARTHUR NOTZ
Representatives invited the City
DISABLED AMERICAN.VETERANS
Fathers to attend a dinner they
are having i'n their honor on either
Wednesday, `--November- "29th,.!or Thutsday, the
30th or December 5 at the Prime
Rib Inn.:: Council thanked them for
• the invitation and said they.would advise them shortly of the date.
Dorothy Morisette
.'Mr. Mayor — a question. We were in
Friendly Village Mobilhome
the opinion'that'a staff report
Park — 3033 East Valley
was going to 'be announced to us
West Covina
tonight.
Mayor Tice stated that is correct,
it is Item G-1 of the City Manager's Agenda.
PUBLIC HEARINGS
VARIANCE NO. 781 Location: On the west side of
CATEGORICAL EXEMPTION Vincent Avenue, south of West
QRS CORPORATION Covina Parkway and the Walnut
Bob Van Gerpen Creek Channel.
(Best Products) Request: Approval of a variance from
certain standards of the Sign
Ordinance to permit a'sign in excess
of 150 sq. ft. on a side wall of a building in the Service —Commercial
Zone. This case is considered Categorically Exempt and no Environ—
mentalImpact Report or Negative Declaration required. Denied by
Planning Commission Resolution No. 2900. Appealed by applicant on
9/21/78. Proof of publication in the West Covina Tribune of the
Notice of Public Hearing on September 28, 1978 received. 44 Mailed
Notices.
. The Planning Director presented the
staff report pointing out the Four Findings necessary for a Variance,
stating they had not been met (explained). Should the Council wish
to allow additional sign coverage on the side of the building it
would'be staff's recommendation that the Sign Ordinance should be
amended. Staff further recommends that at this time the Sign
Ordinance should not be amended. It is the recommendation of staff
that the City Council reaffirm the decision of the Planning
Commission and reject Variance No. 781.
Tice asked if the present free
standing sign is visible from the freeway, advised it is not.
Tice asked if a sign on the building would be visible, staff
answered didn't think so and not sure he would want people on the
freeway looking at a sign if it were visible.
PUBLIC HEARING OPENED
IN FAVOR
Bob Van-Gerpen We are the sign company involved in
QRS Corporation/ the signs for Best Products. There
Best Products are five locations, we have made a
very.precise suxvey,of what is allowed
and we have the same sign in all"five locations.
• A problem arose in the identification
of this building because of the'amoun't'of people coming down West
Covina Parkway looking at the building instead of the Best Products
sign, so it was decided that a 'sign on that wall would.probably
serve a better purpose than the post sign. We wish to use the same
size and type sign.
7--
CITY COUNCIL Page Eight
PUBLIC HEARING — V #781 10/9/78
We realize we have a zone
different than the other shopping centers but the business must
compete with these directly. I don't know what zone the Home
Savings is in but that is your landmark and this is where.people
turn off the freeway and the signs are very obvious. In answer to
the question— the Best Products signs cannot be seen from the free—
way. The sign itself — if you were to put the letters all together
and the logo you would not have more than 159 sq. ft., the spacing
gives you the additional 84 sq. ft. However this is without
lights — it is merely the building background, so we ask your con—
sieration on that.
Louis Martin The reason we feel we need another
Manager — Best Products sign on the side of the building is
1405 E..Danes Drive because the current sign we have
West, Covina identifying the entrance to the
parking lot has not served the
function of identifying the building as Best Products. It is
hidden by some of the other signs in the area and not identifiable
until after the fact. So while the pylon sign does serve a purpose
it does not identify the building at certain locations where cus—
tomers are likely to be coming from.
The proposal was made that possibly
we could leave out the logo. The logo is an integral' part of
our identification.. (Explained) In addition to that in order to
create a sign for the side of the building that would fit in with
the architecturelof the building we feel it is necessary to create
something proportionate with the size of the building. A small sign
would have a postage stamp e.ffe,ct and look like an afterthought
rather than something that is -a part of the building.
• As some;of you know we were
fortunate to receive a award from West Covina Beautiful last year
because of the aesthetics of the building on that piece of land.
We feel putting a reduced size -sign on, that is not coordinated
with the architecture of the building would have a negative effect.
We now have a sign that is tasteful and not gaudy. Essentially
that is something we are looking for on the side of the building
to make it visible to those coming.up the intersection. By grant—
ing the Variance it would serve.the purpose of identification and
also serve West Covina because of easier identification and
better sales.
IN OPPOSITION None.
COUNCIL DISCUSSION
Councilman Shearer: Mr. Mayor — two questions of Per. Diaz.
The allowable size is based on strict—
ly length — there is no difference
between a one story or three story building?
Mr. Diaz: For a business identification sign
that is correct. When we get to
higher buildings there is a distinc—
tion for a building identification sign which is based on 2% of the
area of the building.
Councilman Shearer: And there is no differentiation made
for the solid sign versus the type
of sign we are talking about?
CITY COUNCIL Page Nine
PUBLIC HEARING: V # 781 10/9/78
Mr. Diaz: No, the code specifies that you
draw a series of lines containing
the entire sign. Staff in this
case drew two separate boxes, one for the logo and one for the sign.
• Councilman Shearer: If you could carry that rationale to
separate the logo and only draw the
box around each individual letter
there would be a different figure also? (Diaz answered that is
correct)
Councilman Shearer: Mr. Mayor, I have great difficulty
with this' because I find that I have no
objection from an aesthetic standpoint, and that
really I guess is the purpose of a Sign Ordinance, not only that
the sign on site is aesthetically pleasing but also to control the
proliferation of signs up and down the street. -In this case it is
not on the street but back on the building, I am not sure I can
find the causes for the Variance have been.met but on the other
hand I can't find that I object to the sign that''is being proposed.
I think there is a difference between a --short and squatty building
being allowed the same signage as this rather. massive, building. I
see;•a:ninconsistency there.
Secondly, I see a.marked difference
between the type of sign that would.be encased in a box in some sort
of a gaudy color combination. I'am not sure how to get out of the
dilemma because as I said I have no real objection,to the sign,
however they have not met the findings-for'a Variance. I do think
these factors should be'considered in out -sign ordinance. Perhaps
that is the way out — to have staff and the Planning Commission
• take a look at the Sign Ordinance and see if something can be worked
out.
Councilman.Browne Mr. Mayor, I am in sympathy with the
request here.; however as Councilman
Shearer stated I cannot see where
the showings for the Variance has been met. In going by the
premises on West Covina Parkway there is a very small identification
sign jutting up on a free standing post, very difficult to see.
There is absolutely no identification on the building whatsoever to
identify it from West Covina Parkway easterly or when approaching
southerly on Vincent..
ackthe Sin Or
in
at which time I sat on theplanningtCommissionowhen Wickes camence into
our City they too had a problem which was based on the size of the
building. The sign at that time allowable was only on the Face of
the building, nothing on the side. This is an identical example of
what Wickes was faced with. At that.time we studied the Sign
Ordinance relative to building square footage and it was recommended
by the Planning Commission.to the City Council which was passed,
which totally resolved the situation as far as Wickes was concerned.
We have regional commercial centers and service commercial centers
and in giving fairness I think they should be compatible.
I don't know how the. applicants .feel
about possibly making some trade on the free standing size sign,
whether that is legal or not. It appears thay are. asking for about.
89 sq. ft. of what is allowed on the building and to me that is an
insignificant amount. Mr. Diaz — on the 84' free standing sign
could that be credited back.to the side of the building?
CITY COUNCIL
PUBLIC HEARING: V k781
Mr. Diaz:
• Councilman Browne:
Mr. Diaz:
Page Ten
10/9/78
That could be a condition of Variance
approval if the findings for the
granting of a Variance were met.
I am looking for ways of showing
reason_.for granting the Variance.
If the Council wished to require
that as a condition of the Variance
they could -do so.
Councilman Browne: I don't know how the applicant feels
about that but that is one thought.
I feel..as Councilman Shearer does
that there should be some consideration given in this area. Perhaps
staff should come back with_a study on the siz.e.of the buildings.
In appearance this building in height is the same as Wickes. Perhaps
staff could come up with something reasonable where we wouldn't have
to go through the various procedures and let.'the applicant come back
and make application based on that. I think it is the duty of this
City Council to support the businesses in the area within reason
and sometimes ordinances are made to fit situations. We have
unique situations arising and_we have new businesses coming in on
different size lots and buildings in different'.s-iz;es. We do have
some lots within our city that are situated to front on actually
two different streets so they are trying to take advantage of two
street facings.
I would not like to turn the
applicant away without trying to solve the problem in some manner.
• We have to bear in mind too that the Planning Commission is.
acting on the worded structure of the requirements set by the
City and their decision was right. It is only the City Council
that can give direction to modify or adjust these ordinances.
My recommendation would be to have staff study this marginal
situation where we have service commercial abutting on regional
commercial given the factors'of basically the same size buildings
are constructed in this area and try and give them the same
signage rights as in the regional - not based on the square footage
but on the size and posture of the building.
Councilman Miller:
situation and concur with my
Mayor Tice:
the Planning Department for
this thing right;
Mr. Mayor, I also find that the
Variance requirements have not been
met but I find this is a borderline
colleagues that we should study further.
I go along. with my colleagues - but
it seems like about every 6 months
we send the Sign Ordinance back to
further study. I hope someday we get
Councilman Shearer: Mr. Mayor, a question of the City
Attorney. On a Variance do all
four findings have to be met?
• City Attorney: All four have to be met but members
of the Council should also be aware
whether or not all four of the
findings have been met that within the exercise of your discretion
you can make a determination whether or not they have been met or
not. You can certainly hold the matter over for whatever period of
time you want if you think some further discussion and study would
enable. Council to make a determination.
10 -
CITY COUNCIL Page Eleven
PUBLIC HEARING: V #781 10/9/78
Mr. Van Gerpen: Mr. Mayor, on behalf of Best Prod—
ucts I have several alternatives
that are:used in the local area by
other cities, that I.would like to Present to Mr. Diaz, if I may,
• and perhaps make a compromise, if we can.
•
0
Councilman Shearer:
current application or would he
City Attorney:
ed it would not be necessary,
know what the compromise is.
Mr. Terzian, if the applicant would
decide to make a change — a compro—
mise — could that be done under the
have to present a new application?
That would depend on how significant
the change was. If it was within the
perimeters of what is being consider —
There is no way .of knowing until we
Motion by Shearer that this matter
be held over to the next regular meeting of City Council, October
23, to give the applicant time to reach a solution of the problem
with the Planning Staff; seconded by Browne and carried. (Applicant agreed)
CITY MANAGER AGENDA The Mayor, with Councils permission,
moved to the first item on the City
Manager's agenda because of the
large number of people in the audience
interested in this item.
VOLUNTARY RENTAL MEDIATION
PROGRAM (Staff Report) Staff presented the report.
Mayor Tice: We all know how most of the people
here feel regarding this problem
since we have had a number of people
down here in the past — so at this time I will call for Council
discussion.
Councilman Shearer: Mr. Mayor, as I indicated two weeks
ago this is as far, at least at this
time, that I would be prepared to go.
I am opposed to government controls. I will support the staff
recommendation. I am not optimistic or pessimistic, I will take a
wait and see attitude as to whether it will be successful. Mr. Eliot,
in his verbal report, indicated when would we like this — I would
like it as soon as possible. If it can be made available at our next
meeting I would hope that- is when it would be made available.
Mr. Eliot indicated it could be
prepared for presentation at the next Council meeting.
Councilman Browne:. I agree with Councilman Shearer's
comment. I know these people.have a
-sincere attitude, when they want to
resolve something..,.In reviewing the staff report it seems that a
voluntary type mediation program would be the most efficient at this
time. I have. also read some very discouraging letters addressed to
the Council tonight by a`certain individual which to me is a sincere
effort on his part to intimidate people. I am not in accord with
this.
I think the people would have a pro—
blem in recognizing what wouldbe forthcoming if we did establish a
rent control program,,which at this time we are opposed to. The
people would probably,be subject to discriminatory tactics based
on the letters presented to us. I would hope those of you who are
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CITY COUNCIL
VOLUNTARY RENTAL MEDIATION PROGRAM
Page Twelve
10/9/78
concerned would accept this voluntary mediation program and try and
make it successful. It is very unfortunate. that certain attitudes
prevail by some of the people concerned in the rental aspects -
however free enterprise still prevails in this Country. The more
• bureaucratic institutions we ,create only brings about a more burden-
some situation in trying to resolve matters. I will support the
staff recommendation.
Councilman Miller: Mr. Mayor - I also would like to
get on with this quickly. I support.
the staff recommendation.
Mayor Tice: I personally don't like the idea of
having formal control — looking back
East we all know what follows. I
do support this concept of a voluntary mediation board. I also
realize one thing it is only as good as the makeup of the Board. I
think this Council will be watching this voluntary mediation pro-
gram and if necessary I have no qualms about doing a little arm
twisting in some of these areas where we are not getting voluntary
compliance. I will support the staff recommendation.
Councilman Browne: Mr. Mayor, I think by staff assisting
in the formation and creation of this
Board it will tend to give credence to
it rather than just leaving it in the hands of certain special
interests.
Motion by Shearer to approve the
staff report with one addition - that we be provided by our next
meeting with the information regarding how such a program will
actually work and how it will be set up; seconded byr"Miller and
carried.
THE MAYOR CALLED FOR A RECESS OF THE'COUNCIL MEETING AT 9 P.M.
CITY COUNCIL RECONVENED AT 9:12 P.M.
%
BOARDS, COMMISSIONS, DEPARTMENTAL 'AND OTHER MISCELLANEOUS ACTION
ITEMS:
PERSONNEL BOARD Class Specifi,cptior for Technical
Services'Specialist (Staff Report)
Motion .by Shearer to approve the
staff recommendation; seconded by Browne and carried.
RESOLUTION NO. 5788
. ADOPTED
FOR THE CLASS OF TECHNICAL
VII OF RESOLUTION NO..1277,
THE POLICE DEPARTMENT AND
-The,City Attorney -,presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY `OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATIONS
�SERVJCES,SPE-CIALIST AND AMENDING SECTION
RELATING TO AN AUTHORIZED POSITION IN
SPECIFYING.IT AS EXEMPT.
Motion by Shearer to waive full read-
ing of resolution and adopt same; seconded by Browne and carried on
roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
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n
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CITY COUNCIL
BDS., COMM., DEPT., ETC.
Page Thirteen
10/9/78
RECREATION AND. PARK COMMISSION West Covina Water Otter Swim
Team Request.to use Municipal
Pool (Staff Report.);,
Motion by Shearer to approve the
Recreation and Park Commission recommendations: 1) Continue to
pay its charged fare to keep the Swim Team program at its existing
level until December 31, 1978, on the condition that the West.
Covina Water Otters contribute A400.0-0 per month; 2)• During the
next three months, the City; the School District and Water Otters
will attempt to work out a mutually agreeable method of financing
the operation of the pool. If a mutually acceptable method of
financing the operation of the pool is no.t_agreed upon, the pool
will not be utilized by the Water.Otters after December 31, 1978,
and the City's liability will be limited to its adopted budget
amount ($300 per month from the pool closure account); and 3)
that the Mayor and City Clerk be authorized to execute an agreement
with the West Covina Water Otter Swim .,Team;:seconded by Browne and
carried.
HUMAN RESOURCES COMMISSION' Architectural,;Barrier Removal Design
Services for the Cortez Recreation
Center (Staff, Report)
Motion by Shearer to approve the
proposal submitted by Peoples Housing Inc. for barrier removal
design services at the Cortez Recreation -Center and authorize its
execution; seconded by Miller and carried on roll call vote:
AYES:
NOES:
ABSENT:
BUILDING DEPARTMENT
specifications and authorize th
installation of a new rock roof
West Covina; seconded by Browne
CITY ATTORNEY
Miller, Shearer, Browne, Tice
None
Chappell
Fire Station No. l - Roofing
(Staff Report)
Motion by Shearer to approve the
e staff to solicit bids for the
for Fire Station #1, 819 S. Sunset,
and carried.
ORDINANCE The City Attorney presented:
INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL
OF THE.CITY OF WEST COVINA,
CALIFORNIA, AMENDING THE WEST'`COVINA
MUNICIPAL„CODE''BY THE"ADDITION OF A NEW
CHAPTER 6 '.TO.. ARTICLE VIA RELATING TO RELIGIOUS' -,'SOLICITATION -,..AND AMENDING
SECTION 62,26, OF THE WEST COVINA MUNICIPAL CODE.
Motion by Shearer to waive full
reading of Ordinance; seconded by Miller and carried.
Motion by Shearer to introduce
said Ordinance; seconded by Miller and carried. -
ORDINANCE
INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST.COVINA, CAL ,IFORNIA,
AMENDING SECTION 3190 AND 3191 OF THE.WEST COVINA MUNICIPAL.CODE.
RELATING TO AN INCREASE AND A DECREASE IN.MAXIMUM SPEED.LIMITS.
- 13 -
CITY COUNCIL Page Fourteen
CITY ATTORNEY AGENDA. 10/9/78
Motion by Browne to waive full read—
ing of Ordinance; seconded by Miller and carried.
Motion by Browne to introduce
• Ordinance; seconded by Miller and carried..
ORDINANCE NO. 1405 The City Attorney presented:
ADOPTED 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 MAXIMUM SPEED LIMITS.
Motion by Miller to waive full reading
of Ordinance; seconded by Shearer and carried,
Motion by Miller'to adopt Ordinance;
seconded by Shearer and carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
ORDINANCE NO. 1406 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
DELETING SECTION 3174 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO
PARKING ON HILLS.
Motion by Browne to waive full read—
ing of Ordinance; seconded by Miller and carried.
• Motion by Browne to adopt Ordinance;
seconded by Miller and carried on roll call vote:
AYES Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
ORDINANCE NO. 1407 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CON—
TRACT BETWEEN THE.CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. .
Motion by Miller to waive full read—
ing of Ordinance; seconded by Browne and carried.
Motion by Miller to adopt Ordinance;
seconded by Browne and carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
• ORDINANCE NO. 1408 The City Attorney presented:
ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY:OF WEST.COVINA, CALIFORNIA,
ADDING.CHAPTER 7 TO ARTICLE.IV OF.
THE WEST COVINA MUNICIPAL CODE RELATING TO.TOPLESS ENTERTAINMENT.
-Motion by Browne to waive full
reading of Ordinance; seconded by Shearer -and carried.
— 14
•
•
•
CITY COUNCIL
CITY ATTORNEY - Cont'd
Page Fifteen
10/9/78
Motion by Browne to adopt Ordinance;
seconded by Shearer andcarried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
RESOLUTION NO. 5789 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY`.OF WEST.COVINA, CALIFORNIA,
APPROVING THE ANNEXATION OF CERTAIN
UNINCORPORATED TERRITORY (EASTERLY ANNEXATION NO. 224 - SOUTHERLY
OF SANDY HILL DRIVE AND NORTHERLY OF THE EXISTING BOUNDARY OF THE
CITY OF WALNUT).
Motion by Browne to waive full read-
ing of the Resolution and adopt same; seconded by Miller and
carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
RESOLUTION NO. '5790 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
;INITIATING PROCEEDINGS FOR THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY AND FIXING A TIME, DATE
AND PLACE OF THE HEARING ON THE PROPOSED ANNEXATION.(EASTERLY
ANNEXATION NO. 225 - SOUTHERLY'OF CAMERON AVENUE AND WESTERLY OF
GRAND AVENUE).
Motion by Browne to waive full read-
ing of Resolution and adopt same; seconded by Miller and carried
on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
AT 9:20 P.M. THE MAYOR RECESSED THE COUNCIL MEETING FOR THE PURPOSE
OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING. CITY
COUNCIL MEETING RECONVENED AT 9:22 P.M.
CITY MANAGER AGENDA
AGREEMENT FOR CLASSROOM Staff presented the Report.
SPACE .
Motion by Shearer to approve the
Agreement for Classroom Space with the East San Gabriel Valley
Regional Occupational Program and authorize the Mayor and City
Clerk to execute the Agreement; seconded by Miller and ca rried.
MAYOR'S REPORTS
PROCLAMATIONS
COUNCILMEN'S REPORTS/COMMENTS
Councilman Shearer:
Hearing no objections by Council,
the Mayor proclaimed "PTA ENROLL-
MENT MONTH" - October, 1978.
One item. So
been a problem
potential. I
far this has not
however it is a
came across it at
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•
CITY COUNCIL
COUNCILMEW S REPORTS/COMMENTS
w
Page Sixteen
10/9/78
y
one of the sessions I attended at the League of California
Cities - Mr. Martin made the'presentation a.nd went over recent
court decisions. One has to do with the -tie vote resulting
from -an abstention. The -court has -ruled that a City may adopt
an Ordinance in the case of .an abstention which constitutes a
"yes" vote. Perhaps I should hold this over until Mr. Lennard
is here.
(Mr. Terzian asked for the Court.Case # - 67-CA-3D-839. Council
agreed to holding this over until Mr. Lennard returned)
Councilman Browne: I attended the Personnel Board
meeting Tuesday night - the two
new members were installed.
There were two cases appealing
for disability retirement; one from the Police and one from the
Fire Department. The Board disallowed both because of the facts
and the background.substantiation of their disability were such
that the Board was unable to do anything else.
On that same night the ants were
still crawling and it is my understanding the Air Quality group
meets here and they bring food in. I think we should disallow
food being brought into the Council Chambers.
(Then went on to report the pro-
ceedings of the`Wednesday night Planning Commission meeting which
he attended.)
Mayor Tice: The American Legion Post is having
• a luncheon on October 24t'h and
will have theirState Commander
in attendance; They have asked that anyone from Council that
can attend it would be appreciated - please notify them if you
are attending.
APPROVAL OF DEMANDS Motion by Browne to approve Demands
totalling y699,742.12 listed on
UCB 70021 and 70022 registers;
seconded by Shearer and carried on roll call vote:
AYES: Miller, Shearer, Browne, Tice
NOES: None
ABSENT: Chappell
ADJOURNMENT Motion by Shearer to adjourn meet-
ing at ,9:33 P..M., s-econded by
Miller and carried,;
APPROVED:
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