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07-12-1976 - Regular Meeting - Minutes•'- ;,r • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JULY 12, 1976 The regular meeting of the City Council.was called to order at 7:33 P.M. by Mayor Nevin Browne in the West Covina Council Chambers. The Pledge of Allegiance was led by Councilman Ken Chappell; the invocation was given by the Reverend Charles R. Simmons of the United Methodist Church. ROLL CALL Present: Mayor Browne; Councilmen: Miller, Chappell, Shearer, Tice Others Present: Leonard Eliot, Acting City Manager George Wakefield, City Attorney Lela Preston, City Clerk Michael Miller, Public Services Director Ramon Diaz, Planning Director Harry Thomas, City Engineer Ross Bonham, Administrative asst. Fred Terrell, Administrative Analyst Renee Futter, Administrative Aide Kevin Northcraft, Administrative Asst. Harold Lange, Graphic Arts Delineator MArk-Volmert, Administrative Asst-.lRedev. Chet" Yoshizaki, Asst. Comm. Redev. Coord. Carl Anderson, Supt. Rec. & Comm. Services Patrick Rossetti, L.J. Thompson, Inc.,Assmt.Eng) Bill Freemon, Staff Reporter, S.G.V.D.T. Eric Cohen, Staff Reporter, Sentinel PRESENTATION: Mayor Browne presented the Mayor's Gavel and Plaque to Councilman Chappell in recognition and appreciation of his service to the City in 1975-76 as Mayor. APPROVAL OF MINUTES June 22, 1976 Motion made by Councilman Shearer, seconded by Councilman Tice to approve the minutes of June 22, 1976. Motion carried. June 28, 1976 The following corrections were made to the minutes of June 28, 1976: Page 3, paragraph 3 should read: "...for a bicycle on the sidewalk..." Page 13, paragraph 3 should read: "...median income there of $13,000..." - 1 - 0 • CITY COUNCIL July,12,' 1976 Approval of Minutes Page Two Page 13, paragraph 6 should read: "...I represent not just white..." Motion made by Councilman Tice, seconded by Councilman.Chappell.to approve the minutes of June 28, 1976 as corrected. Motion carried. CONSENT CALENDAR Mayor Browne explained the procedure of the Consent Calendar and asked if there were comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) WEST COVINA DISPOSAL CO. Request for increase in charges for disposal services. (Refer to City Manager) b) HERSHEL E..JOHNSON Request for mail order business 306 N..Nora Avenue license. (Recommend approval West Covina, Ca. subject to City Attorney review) c) ..BOARD OF SUPERVISORS Notice of Public Hearing - Zone Case No. 6173-(1), Puente Zoned District No. 76, for property located at the southeast corner. of Valley Blvd. & 3rd Avenue, on 7/15/76. (Receive and file) d) KATHLEEN J. JONES Re Appointments to Boards and 1428 S. Sandia Avenue. Commissions. (Council) West Covina, Ca. 2. PLANNING COMMISSION a) SUMMARY OF ACTION 3. PERSONNEL BOARD July 7, 1976. (Accept and file) a) MINUTES .June 1, 1976. (Receive and file) (Refer to City Attorney's Agenda for Action Items from meeting, items E-6 and E-7) 4. HUMAN RELATIONS COMMISSION a) SUMMARY OF ACTION June 24, 1976. (Accept and file) 5. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK a)'-:'KATHY & JAMES K. BROWN Alleges illegal search and false 1105 S. Holly Place arrest on March 30, 1976. (Deny West Covina, Ca. and.refer to City Attorney and Insurance Carrier) - 2 - • is cr CITY COUNCIL July 12, 1976 Consent Calendar Page Three b) JESSE P. VONBERKEFELDT Alleges injury while being 4122 N. Prospero, #2 arrested on 4/11/76. (Deny Covina, Ca. and refer to City Attorney and Insurance Carrier) Mrs. Kathleen Jones requested that item 1-d be removed from the Consent Calendar. Councilman Tice requested that item 1-a be removed from the Consent Calendar, and Councilman Miller requested that item 4 be removed for comment. Motion made by Councilman Shearer, seconded by Councilman Tice to approve the Consent Calendar items with the exception of items 1-a, 1-d and 4. Motion carried on roll call vote as follows: ITEM 1-a - WEST COVINA DISPOSAL COMPANY discuss the request for AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Councilman Tice: I would like to suggest .the same procedure as was followed last year, after Staff review the Mayor and Mayor Pro Tem meet with the officials.of the West Covina Disposal Company to an increase. Mayor Browne: I would be in agreement with that, and if the Mayor Pro Tem so desires, and the Council so approves we will arrange for that to happen this year. Motion made by Councilman Tice, seconded by Councilman Chappell that the Mayor and Mayor Pro Tem meet with the principles of the West Covina Disposal Company to discuss the requested rate increase. Motion carried. ITEM 1-d - KATHLEEN J. JONES Mrs. Jones: I would like to read into RE APPOINTMENTS TO the record my fetter of July 8, 1976, BOARDS AND COMMISSIONS addressed to Mayor Nevin Browne and the West Covina City Council. . "Dear Mayor Browne, Regarding the presentation I made to the West Covina City Council on June 28, 1976, I would like to make the following points perfectly clear. Number one, I am speaking as an individual, a citizen of West Covina. Two, I personally developed and prepared • my report during an intense ten hour period on Monday, June 28, 1976. My decision to express myself was not influenced by other persons . - 3 - • CITY COUNCIL Consent Calendar July 12, 1976 Page Four Since I was aware that my concerns regarding the method of selection of West'Covina Commissioner and Board members was of a sensitive nature, I intentionally presented to Council factual information developed from West Covina Staff personnel and West Covina Staff reports and booklets available to the public. Therefore, I was extremely surprised by the verbal assault I received from the Council. The average citizen, myself included, is nervous and apprehensive when they speak before City Council; it is not a common every day experience. When a citizen, any citizen, comes before Council to express thanks, praise, suggestions, concerns, need, help, etc. they should expect to receive polite consideration. I feel that polite consideration was not extended to me. Council's comments to"::me were rude and demeaning, and I was personally hurt by them. Your reactions to my statements did not address themselves to the total intent of -my presentation. You missed the point. The main thrust of my statement was West Covina citizens were denied the opportunity to apply for the three Commission or Board appointments available since public announcement was not made to encourage a broader citizen participation by those interested in filling out an application. The socio-economical data I presented was a statistical tool offered to reinforce my point. Also, Councilman Miller's comments were especially disappointing to me because it was my phone call to him on Friday afternoon, June 25, 1976, which further stimulated my curiou ty regarding Council appoint- ments. I am not discouraged regarding Councils' reactions on this matter. I realize that it was a difficult situation for all of us. I am confident that the Council will address itself to this.situation, and encourage broader citizen participation for appointments in the future. Respectfully, Kathleen J. Jones." Councilman Tice: I appreciate Mrs. Jones' letter of clarification; I think there was a mis- understanding from the beginning on this. However, I think there hasr.,,�been enough discussion on the matter, and I. for one, have nothing else to say. Councilman Shearer: A number.of the people in the audience were not present at the meeting on June 28, 1976 to which Mrs. Jones has referred. She has stated that a -number of Councils' comments were rude and demeaning. If anyone is interested in my comments, I would refer -,.them to the minutes of the meeting, page 13. I do not believe that the comments I madewere rude or demeaning, and I stand on the statement that I made, which in essence was, that irrespective of my socio-economic,racial or religious background, I represent z;a.11 of the citizens of West Covina. Mayor Browne: I likewise would take the same stand as Councilman Shearer. The minutes are - 4 - n U C� CITY COUNCIL July 12, 1976 Consent Calendar Page Five open to the public. I feel that the explanation that I gave was not demeaning to Mrs. Jones or had any intent of being therefor. I was merely relating the due process which we . go through in selecting Commissioners and Board members. We have advertised; in fact, in previous years we have had less :held over from one selection body to another. We are down to the bottom of the list, and at the proper time we,will advertise again. Councilman Miller: It is good to see the interest of Mrs. Jones. Hopefully, this will always be a continuing factor and also for our citizens to be involved. I think this is something we strive for - to have people bring forth their concerns and comments. I agree that we thoroughly exhausted the comments the last time, and I am in concurrence with the rest of the Council. Councilman Chappell: I think that there were two sides that were misunderstood; I believe that the Council's side was also misunderstood in the fact of hurt feelings. It was expressed by the Mayor, and by me at the Citizens' Meeting prior to this how we conducted appointments to Commissions and Boards. It is rather sad that that is not good enough.. Many communities take very little time and very little patience with their citizens, and,we spend a tremendous amount of time interviewing citizens who come to us, or through reading a newspaper find out that there are openings available. I do not believe it is our responsibility to search the City. I believe that those citizens who are in our community who are interested in our community can come forth. I have had several prior to this -meeting come to me and I.have advised them to write a letter to the Mayor. The Mayor has received some of those letters; they are on file. I think we handle appointments of Commissioners and -Board members in an excellent manner, above board through the examination and through the interviewing process. We pick who.we think are the best. Five members of our Council must agree.. If one member disagrees, that individual will not serve. �We have 100 percent acceptance and attempt to select the best citizens available in our community - citizens who can spend the time, who have the type of job which will allow them to spend the time. We have done an excellent job; I have yet to hear a citizen (in my almost nine years on the Council) say that we had a bum Commissioner or Board member. I think our process of interviewing will continue to give us the best Council representation that we possibly can receive. • I just say to you, Mrs. Jones, I think you are out of order in coming in the manner in which you prepared your statements. You left off one complete Commission when you told us the age_of the Commissioners, and the incomes of the Commissioners. There are seven members on this Board, five of which are women, and we were critici'z"ed for having only four women Commissioners. - 5 - rw, CITY COUNCIL Consent Calendar July 12, 1976 Page Six The whole vening, in my mind, should not have happened, and I am sorry that it did happen. But, the .thing is, we will continue to have our Hearings and our inter- views, and allow citizens the opportunity of writinga letter to the Mayor, whoever he may be, with the idea that they would like to serve on a Commission. We have been doing this for the nine years that I have been with the City, and I hope that we will continue to do it for the ternity of our community. .If you misunderstood us in our rebuttal to your remarks, then I am sorry because they were factual. We will continue to make appointments in the manner in which we have been. If we pick a bad one, we will replace him; we have that authority; they serve at our will and at our pleasure. We pickethe finest citizens that are available that are interested. I am not going to knock on doors to get people that are interested. We have enough of them who come forth and ask how to get on the Commissions and Boards. I think that we do an excellent job, Mayor, and I am just sorry that this continues to be an item on our Agenda. Mrs. Jones: Thank you. Motion made by Councilman Shearer, seconded by Councilman Tice to receive and file item 1-d of the Consent Calendar. -Motion carried. ITEM 4 - Councilman Miller: It was an honor for HUMAN RELATIONS me to be at the Human Relations Commission COMMISSION meeting on June 24. It was a unique approach on their part. They held their first meeting outside of the City Hall (at the First Baptist Church on Cameron). The turnout was somewhat light, but I felt it was a good turnout.. The meeting was very informative. In fact, the people who were there who received awards and commendations were well -deserving. I would encourage the public to watch the newspapers, and any time the Human Relations Commission is conducting a meeting - outside of City Hall, or inside City Hall, I would encourage you to get involved. Motion made by Councilman Shearer, seconded by Councilman.Tice to accept and file item 4 of the Consent Calendar. Motion carried. GENERAL AGENDA ITEMS • AWARD OF BIDS BID NO. 76-55 Bids were received in the office of the FURNISHING UNIFORM Purchasing Agent at 10:00 A.M. on SERVICES Wednesday, March 31, 1976, and there- after publicly opened and read. Held over from 4/12, 5/10 and 5/24/76 to this date. Review Controller's report and award bid. - 6 - C� CITY COUNCIL Award of Bids July 12, 1976 Page Seven Motion made by Councilman Chappell, seconded by Councilman Miller to award Bid No. 76-55 for furnishing uniform cleaning services to Blue Seal Coverall and Uniform Supply Service, and authorize the Acting City Manager to execute the contract and annual purchase order in the amount of $19,265.64. Motion carried on roll call vote as follows: PUBLIC WORKS PRECISE PLAN NO. 17, REVISION 19 - ACCEPT IMPROVEMENTS Keller & Grant, Inc. (Eastland Theatre) AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Location: Workman Avenue, east of Citrus Street. Accept street and sidewalk improvements and authorize release of Federal Insurance Company Faithful Performance Bond No. 80633714 in the amount of $4,500. (Staff recommends acceptance) Motion made by Councilman Shearer, seconded by Councilman Chappell to accept street and sidewalk improvements and authorize release of Federal Insurance Company Faithful Performance Bond No. 80633714 in the amount of $4,500. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None FEES AND CHARGES FOR CERTAIN WATER DEPART MENT SERVICES The City Attorney presented: RESOLUTION NO. 5275 A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING FEES FOR CERTAIN SERVICES IN CONNECTION WITH THE DELIVERY OF WATER WITHIN WOODSIDE VILLAGE. Motion made by Councilman Chappell, seconded by Councilman Miller to waive further reading of the body of the resolution. Motion carried. • Motion made by Councilman Chappell, seconded by Councilman Miller to adopt Resolution No. 5275. Motion carried on roll call vote as follows: AYES: Miller, Browne NOES: None ABSENT: None - 7 Chappell, Shearer, Tice, • 0 CITY COUNCIL July 12, 1976 City Attorney Page Eight ORDINANCE INTRODUCTION The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,'CALIFORNIA, ADDING PART 4 TO CHAPTER 3 OF ARTICLE VI OF, AND.REPEALING SECTIONS 4117, 4118, 4119 AND 4119.1 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE REGULATION OF GAMES OF:`.SKILL AND SCIENCE. Councilman Miller: On page 2, under 6364, it talks about $30.00 - is this in place of the Business License fee? Mr. Wakefield: It -.would be in lieu of the Business License fee for those establishments which are already operating as a business. In those cases where an Unclassified Use Permit is required to operate as an amusement center, the permit fee would be in addition to the Business License. Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of the Ordinance. Motion carried. Motion made by Councilman Shearer, seconded by Councilman_Tice to introduce said Ordinance. Motion carried. T-iFARTNCC AMENDMENT NO. 135 CATEGORICAL EXEMPTION City Initiated PUBLIC HEARING OPENED PUBLIC HEARING CLOSED COUNCIL DISCUSSION Proposed amendment to the Zoning Ordinance of the West Covina Municipal Code relating to regulations of signs in all zones and certification that the Categorical Exemption is consistent with the State of California Environmental Quality Act. Recommended by Planning Commission Resolution No. 6-76-2661. Proof of Publication in the West Covina Tribune on July 1, 1976 received. No one from the audience came forth to speak on this matter. Councilman Tice: I have attended a couple of Study • Sessions on this, one with the West Covina Chamber of Commerce. This is in line with what I think we should have. I think this is a step in the right direction; this clarifies many of the problems we have had before. Ll • CITY COUNCIL Hearings - Amendment No. 135 July 12, 1976 Page Nine Motion made by Councilman Shearer, seconded by Councilman Miller to approve Amendment No. 135 to the Zoning Ordinance of the West Covina Municipal Code. Motion carried. HILLSIDE MODIFICATION Location: West of Citrus Street, south NO.,5;, CATEGORICAL of South Hills Country Club, east of EXEMPTION - Sandy Hill Drive. South Hillss Estates Request: Approval of setback modifica- Southport Dev. Corp. tion.for 15 lots within a 51 unit develop- ment known as South Hills Estates, formerly the Homes of South Hills. Recommended for approval by Planning Commission Resolution No. 6-76-2662. Proof of Publication in the West Covina Tribune on July 1, 1976 received. 10 Mailed Notices. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED No one from the audience came forth to speak on this matter. COUNCIL DISCUSSION Councilman -Shearer: Mr. Wakefield, I understand that after the action of the Planning Commission, the applicant submitted drawings showing that the need for certain modifications was no longer necessary. Does that present a problem in Council's action this evening? Mr. Wakefield: No, if the Council approves modifications as requested by the Planning Commission, and as modified by the applicant, the resolution will be made clear. Motion made by Councilman Shearer, seconded by Councilman Chappell to approve Hillside Modification No. 5 as modified by the applicant. Motion carried. STREET LIGHTING AND Location: Citywide LANDSCAPING MAINTENANCE Request: Set for hearing of protests DISTRICT NO. 1976-77 and/or objections of property owners and PROTEST HEARING other interested parties for this date by Resolution of Intention No. 5249 adopted June 14, 1976. Review Engineer's report and take the following action: a) Receive and file Affidavits of Publication, Posting and Mailing. b) Conduct Hearing. c) Allow or overrule protests (if any) and close Hearing. d) Adopt resolution. Usk 0 CITY COUNCIL Hearings - Street Lighting & Landscaping Maintenance District July 12, 1976 Page Ten Motion made by Councilman Shearer, . seconded by Councilman Tice to receive and file Affidavits of Publication, Posting and Mailing. Motion carried. Mr. Thomas: We have a few slides showing some of the typical conditions that would be accommodated by this assessment district. (Slides shown of areas to be included in the Maintenance District - Amar Road,.easterly of Azusa Avenue where the medians will not be constructed with District funds, but maintained by the funds, raised median on Vincent Avenue, Rowland Avenue median, Azusa Avenue medians, the land- scaped portion of Amar Road, West Covina Parkway medians, Sunset Avenue at Cameron Avenue medians.) The.District, if adopted, will provide maintenance for some 23,000 street trees. (Slides shown of lighting maintenance to be included in the District.) Also included in the District will be the cost of energy and maintenance of safety lights at inter- sections. The,proposal before you really consists of two items; I would like to deal with them sequentially. The first portion of .the District involves Citywide landscaping maintenance. Included in this will be the landscaped medians on major streets and the 23,000 street trees located within public right-of-ways. This proposed District is entirely new. The funds for maintenance at the present time are coming entirely from gas tax funds. Prior to 1970, the gas tax funds received by the City could only be used in a certain manner; 70 percent of the funds had -to be expended for capital improve- ments on the City's major street system. The remaining 30 percent of the funds could be used for maintenance on any City street. Under those conditions, the cost for maintenance of the medians and street.trees was funded primarily by the City's park fund. In 1970, the gas tax rules were changed so that 50 percent of the gas tax funds coming to the City could be used for maintenance of the City's major street system; the remaining 50 percent could be used for any street purpose. Because of increasing costs the last . few years, an ever increasing amount of the gas tax funds have gone to maintenance. At the present time, the current fiscal year, no gas tax funds are available to capital improvements or major street rehabilitation. - 10 - CITY COUNCIL July 12-, 1976 Hearings - Street Lighting & Page Eleven Landscaping Maintenance District 0 Another problem that`,has developed in that time has been the reduction in the value of the construction • dollar. Since 1963, which was the last year in which cities received an increase in gas.tax funds, there has been a reduction of the purchasing power of the construction dollar to $0.39. Gas tax funds had increased up until 1973 at about five percent a year because of increasing consumption and increasing population within the state. Since that time, they have been relatively static at about the 1972 level, primarily because of increased costs of fuel. A further problem has developed for the City, which comes as a result of the 1973 Federal Highway Act. This Act, for the first time, provided a significant amount of -funds for construction of capital improvements on streets in urbanized areas. The City.of West Covina's allocation under this program was approximately $272,000 per year. However, as with most federal programs, the City is required tol,;;match funds from local sources.on a ratio of about 17 percent. From 1973 to the present time, the matching had been provided from the gas tax fund. With the absence of any gas tax available for capital improvements and no other funding sources available, the City does not have the money to provide this match and stands to lose over a half a million dollars over the next two years. The District, as proposed, would release gas tax funds that could match these federal funds and allow the City to retain them for • much needed street improvements. 3 The City, at the present time, has some $15,000,000 in overall street deficiencies - storm drains, deteriorating street pavement, required widenings in certain areas, traffic signals and sidewalks. There are no funds available to alleviate any of these deficiencies. The City is faced with a problem in that as time goes by the cost of rehabilitation increases. What might have been improved with a sealcoat ten years ago requires resurfacing today, and probably reconstruction in the next five years. The gas tax fund which the City presently receives is used entirely to finance street sweeping, landscaping maintenance and minor street repairs. No funds are presently available for major rehabilitation that is needed by much of the City street system. Approximately 100 miles of local streets were constructed during the.1950's. The bulk of these streets are now in need of major rehabilitation. The proposed District would release approximately $200,OOO to provide matching for the federal funds and financing for major street rehabilitation on streets not eligible for federal aide. In Staff's opinion, it is essential that the District be established. CITY COUNCIL Hearings - Street Lighting & Landscaping Maintenance District July 12, 1976 Page Twelve (Mr. Thomas called attention to the statistical charts and reviewed same with Council.) On additional factor to the problem, the County formerly provided about $80,000 per year for capital improvements but can no longer provide this money because of problems they are having. This was called the Highways Through Cities Program. In addition, the County has provided about $100,000 per year in a program called Aide to Cities. These funds, prior to 1970, were used for capital improvements. In the period since then they have gone exclusively to maintenance because of increasing costs. The County proposed this past fall to eliminate this Program entirely; the cities prevailed upon the County Board of Supervisors and they agreed to extend it for one more year. The future of that Program is also'gravely in doubt. SB-100 is pending before the State Legislature which will increase the gas tax $0.02. Unfortunately, none of the increase will come to the cities; it is exclusively for the California Department of Transportation to offset the loss of federal funds by that agency. Staff has reviewed many alternatives to • the proposed'District to generate sufficient revenue to provide a viable improvement program for the City streets and to avoid the loss of federal funds, which are badly needed for the City's major street system. The result of these studies is the recommendation before you tonight. I would like to point out that typical assessments for the District (Landscaping Maintenance only) range from $7.50 for a parcel with a 50 foot frontage and located in the general landscaping zone, to a maximum of $30.00 for a parcel with a 12.0 foot frontage located in the residential landscaping zone (per year). -I would now like to deal with the lighting maintenance aspects of the proposed District.. The charts summarize the components of the District. (Mr. Thomas reviewed same with the Council.) The lowest residential assessment will be $0.40 per front foot (lighting with overhead wiring), and the highest assessment will be $0.45 per front foot (iincler.ground wiring). The maximum assessment for the commercial zone will be . $2.27 per front foot. - 12 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Thirteen Landscaping Maintenance District The City first established the Street Lighting District in 1959. At that time it included about 3,000 • parcels primarily located in the business areas. Between 1959 and 1966 many districts were established to install street lights in residential areas throughout the City. As the street lights were installed, these districts were consolidated into a Citywide District for maintenance purposes. The first overall Citywide District was established in 1966 and included some 12,000 parcels. These districts were established pursuant to the Street Lighting Act of 1919, and were primarily for maintenance purposes and could only be established for a maximum of five years; they had to be renewed at that interval. The current Lighting District, which has been in effect since 1971, expires this year. Staff would propose' that it be renewed and that enabling legislation be changed to the Landscaping and Lighting Act of 1972. The primary reason for this recommendation is that the District would'be a perpetual one, it would not expire in five years. Because of this, it would be possible to realize a savings,66f about $19,000 each five years in setup costs. The District essentially provides for maintenance and energy required to service the City's some 6,500 street lights. It is anticipated that some small amount per year ($20,000) would be used for capital improvements if the . funds are available within the District, The District envisions an overall increase of 20 percent in -current rates because of the increase in energy costs. The Southern California Edison Company presently has pending a 20 percent rate increase request before the Public Utilities Commission; we anticipate that will be approved. The cost of energy has risen dramatically in the last five years. (Pointed out charts depicting this fact.) The District contains a six percent contingency to offset the fuel adjustment costs. This is an increase which the Edison Company can secure on an informal basis without Public.Hearing to offset any increases in the cost of fuel. It has been very unpredictable and has increased ata very rapid rate since it was -first introduced in 1972. , No improvements of any significance are contemplated in the District. It is primarily a renewal to :,maintain what is existing in the City. is Staff recommends that the District be approved. - 13 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Fourteen Landscaping Maintenance District Councilman Shearer: You indicated in your comments very little, if any, improvements. For the • benefit of those who are here and read the signs on the light poles and trees, would you explain why the word "Improvement" appeared on the notices? Mr. Thomas: The District can be used for improvements and maintenance. Our intent is to use it for maintenance. However, the State Law requires that the notices be headed "Notice of Improvement" in letters at least one inch in height. That is why the notices had that wording on them, even though the District is for main- tenance purposes. Councilman Chappell: If we stay with the 1919 Act, would there be a reduction or an increase in rates verses the 1972 Act? Mr. Thomas: The 1919 Act would produce no increase in the rates.for electrical energy, however, there would be an additional cost of some $19,000 over the five year period for setup charges. So, the overall rates would be higher by a small percentage with the 1919 Act. Mayor Browne: Mrs. Preston, have you received any • written protests or objections to this matter? Mrs. Preston: Two letters were received on the matter, which I have made copies of, and we have received lots of phone calls. Mayor Browne: But, no written protests. Mrs. Preston: No official written protests. PUBLIC HEARING OPENED Mr. J. Stinger I am not here to protest; I am here to 802 E. Barbara get a legal explanation of the signs West Covina, Ca. posted on the light poles. What does the City intend to do regarding the landscaping and the existing lights? Will they be changed? I am concerned because I. and my neighbors, have growth along the City parkway. . • Mayor Browne: No, sir. There will be no changes in the street lighting currently in the City. There will be improvements made from time to time as deterioration takes place. There is no intent of removing any landscaping; it is merely for the maintenance of the existing landscaping. - 14 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Fifteen Landscaping Maintenance District All we are doing is changing the method of the District from the 1919 to the 1972 Act to • afford the City a better opportunity to maintain an economic balance. • Mr. Stinger: Just what kind of lighting,do we have? Mr. Thomas: The lighting that we have at the present time is what is called a mercury vapor light. It is a.high intensity source which is quite efficient. Mrs. P. Wessel I have no protest whatsoever against 802 S. Lark Elleh the lighting. The more lighting we West Covina, Ca. have, the more important it is to the City. But, I do question why we need land-. scaping in all of the median strips. Taxes are going up in the County and the City this year. This is also a tax increase. The landscaping takes maintenance, which is expensive. I do not believe it is going to get cheaper either. What does the median landscaping and planting do for.our City? It is very lovely, but what does it actually do for the City of West Covina? Mayor Browne: This landscaping district will maintain those medians previously planted. The City is now using low -maintenance as the theme for planting; Staff has been going in that direction for about a year and a half now. The funds will not be used to. plant new medians. Mrs. Wessel: Are we going to borrow this money from the General Fund, and then repay it? Mayor Browne: In.essence, those are the facts. Mrs. Wessel: The report does not indicate that the funds will reach any limit. Mayor Browne: The funds will be based upon the precise costs of maintenance; it will be based upon the expenditures. Mrs. Wessel: But, there will be no limit? Mayor Browne: At this time, the limitations are setforth by the figures established by Staff in the report. The only increase I would foresee would be in the costs of salaries and materials needed for maintenance. - 15 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Sixteen Landscaping Maintenance District Mrs. Wessel: This could be highly escalating as the years go on. • Mayor Browne: I would rather doubt it would escalate that rapidly. Mrs. H. Miller In 1966, we, on our street, were to have 1432 E. Portner lights installed. We got together and West Covina, Ca. paid money to have our lights under - grounded, and paid for the type of pole which does not require maintenance. We were assessed in 1967, and we understood that,a lighting district was spread out over the City, and that the cost would decrease rather than increase. We first were assessed $19.70 in 1971; then up to $24.00 in 1972; $29.74 in 1974; and, last year it went up to $40.00. Is this assessment that you are talking about, $0.40 per front foot, an additional assessment over what we are already paying for our lighting? Mr.Thomas: The assessment as presented is the total amount. In that particular zone, prior assessment for this year was $0.36 per front foot, so it would go up $0.04 per front foot for a total of $0.40. • The lighting districts were setup to install lights; so there was a fairly high assessment cost because it included the cost of installation plus the cost of energy. We anticipated at the time that this was done that the assessments would decrease, but, unfortunately, the energy costs have increased some six -fold in about five years, so the overall assessment has gone up even though it includes no capital improvements at the present time; it is strictly an energy and maintenance charge. Mrs. Miller: Since our lighting is underground and we paid for that, will we be charged the $0.40 or $0.45 per front foot? Mr. Thomas: The areas that have underground lights will be assessed at $0.45. I believe that Mr. Rossetti, the Assessment Engineer who'laid out the spreads, should comment on that. Mr. Rossetti: There are two areas, Woodside Village and a new area coming in which will be assessed at $0.45. Your area has • already paid for your lights, so therefore you will be paying $0.40. Mr. Wakefield: I think we are creating some confusion here. Mr. Rossetti, when you refer to $0.40, that is the assessment for street lighting maintenance, and does not include the landscaping. - 16 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Seventeen Landscaping Maintenance District Mr. Rossetti: That is correct. $0.40, the minimum, is just for the energy costs and • maintenance of lighting. Mr. Anderson Are these two things being considered 750 E. Merced as one, or are we con•s,idering them West Covina, Ca. separately? Mayor Browne: At the present time, we are considering them as the same action. However, the Council has the prerogative of separating them and taking two actions. Mr. Anderson: In regard to the tandscape Maintenance District, I think the City Engineer just said that there is a good probability that we are going to lose another piece of County money. And, in regard to the rapidly escalating scale, I think the Mayor said that would not necessarily be. We are assuming that the County is going to continue giving us money, and then if that is cutoff, I can see this escalating very;rrapidly. Once the district is in operation, then I presume it is just a matter of raising it as you see fit for the needs of the district, and, assuming the County did drop us, does that mean that we have to get the money from someplace to keep the district in operation? When I saw the signs, it looked to me like the solution would be • to put the cobblestones in and landscape without too much maintenance. Mayor Browne: That is the direction that we are going. Mr. Anderson: If that is the case, and you put cobble- stones in with money we already have, why do we need a district that starts out at $0.15 that could very well escalate very rapidly if the County and other people withdraw their money? I am concerned that once we have it, then we have it and simply raise it because the district is there. Without it, you could not automatically assess. Mayor Browne: The fact is that we do have landscaping that we have to maintain. We are preparing the maintenance of it because we envision the taking away of the present funds for street maintenance. The monies allocated in the past have been reduced over the last few years. The ATC funds will probably be taken away and those have gone to street maintenance. The City Engineer related.those facts to us, and this is a separate item • from what he was speaking about; he merely related the facts so we could get our half million dollars in matching funds to maintain our streets, and cover ourselves at such time as we do lose the ATC fund. - 17 - CITY COUNCIL July 12, 1976. Hearings - Street Lighting & Page Eighteen Landscaping Maintenance District Mr. Anderson: Are you saying that in order to get our' half million we have to have a Landscape • Maintenance District? Mayor Browne: I am not saying that. We are trying to save enough money out of our General Funding factor so that we can.have matching funds to get the half million dollars.. The only process that we have is by withdrawing that money. Mr. Anderson:.. It seems to me that what we are doing then is a matter of trying to save money in order to get $500,000 from the federal government rather than a specific program for landscape maintenance. It is a constant, constant situation. The minute I see a new district opening up with a rate of $0.15, which sounds reasonable enough to a guy with an SO foot frontage, but then when it comes to $0.30, $0.40 or $0.50 for commercial today and then it becomes $2.00, the guy that is in the commercial building is still going to have to put the price to me as a consummer. Councilman Shearer: Your comments about low maintenance medians are well -taken. That is something • we are trying to.do. But, the biggest cost of maintenance in this district is some 23,000 street trees .that are already in. Mr. Anderson: Every tree on our block was taken out by the City,.and replaced with a small tree after they tore up the street and sidewalks to take out the big tree and then repaired them. The point is, I will.plant my own tree. I will plant a tree that is going to grow down'into the ground. Councilman Tice:• This is one way that we are trying to take care of the streets in the City. Some of the streets are 15 to 25 years old. We do not have the funds to properly maintain these streets, and we are trying to figure out ways of funding this so we can maintain them. If we don't do something in the next few years, it is going to cost every citizen in this City quite a bit more to rebuild.those streets. Mr. R. Wiggins I would like to address myself particu- 1950 E. Eckerman larly to the federal funds. I think • West Covina, Ca. that if we, as cities and communities, were not so.greedy to get -federal funds, maybe our federal taxes would be reduced. We are all out to get money at some point. All of us are very concerned. Today, in the face of the economic situation that we are all confronted with, CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Nineteen Landscaping Maintenance District (cited the price of coffee today), as responsible representatives of the local government I feel you have a direct obligation to the • citizens to consider all of us. Some of us are. facing very difficult times, and their -are people in our community under very severe stress"'e,. I do not really feel that we always have to seek federal funds. I think we should be doing everything in our power to alleviate this, if we possibly can, and I should hope that other communities will do the same. I am concerned about an increased tax rate generally that is going to hurt and effect a lot of us. People are at the point of revolt with respect to tax. I do feel that we should maintain our street lighting, and that consideration should be given to any type of improvement that has to be made as to whether or not it is absolutely necessary and essential to the well being, safety and protection of this community. Sometimes things are considered that are totally unnecessary. I can see the value of street maintenance, but I do think that today, more than ever before, great discretion ;should be given to what streets are maintained. As responsible leaders of our community, • all of us want to look to you as men of integrity and judgment who are considering what it costs today to stay alive. Some of us are actually concerned about what it is going to be like in the next day or two. We have a lid on our income; we have a lid on our circumstances, and we are fearful with respect, to our homes. I am concerned about increased taxes when everything else is going up so high and so rapidly. I would like to . encourage you to see what you can do to hold the line on taxes. In fact, if I were on the City Council, I would dedicate myself that maybe-,,, with the help of God, I could lower taxes. Mrs. L. Bergman The recent budget sessions held by 4260 Leaf Ave. Council presented a balanced budget. West Covina, Ca. Was this assessment district outside the actions or the discussions of the budget sessions?: If it was outside, then what form of relief does that give to the actual budget, and what is the intent for the additional funds? If it is not outside, then how does it actually correlate with the discussions on expenses for the improvements of City streets or street sweeping? One comment was that we may have to go to sweeping streets every other week. Will there be any further exploration by the Council on • alternative activities to reduce costs? - 19 - 1 i CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty Landscaping Maintenance District Mayor Browne commented that Council has the option to take both actions together or separately. • If these are setup as separate districts, would it not, in fact, entail the same $19,000 to setup a district if the Act of 1919 was kept in? I would like to have you also discuss the status of the very comprehensive program that the City has had for many years regarding the five year plan'on street maintenance. I do remember that there was a definite action regarding primary streets, secondary streets and tertiary streets. What is the state now that calls so much attention to the fact,' that.if certain funds are released that it will apply to the City streets? The comment was made that gas tax funds are not available. And, yet another comment that if something is released, then those will have another application. Which is, in effect, true? What is the actual total amount that will be applied and assessed to a property? Are those properties in any more than the two areas indicated by the Assessment Engineer- Woodside Village being one. I had the idea that there was some assessment applied to the distance from the actual median strips. • Have any of you ever seen a cobblestone section after a rain? If the rain is followed by a warm spell, you will find mosquitos in it. So it has proved to be a breeding ground. Eventually, though, it does evaporate. What is wrong with a very flat surface; what is the advantage of cobblestones? They.gather dust, soil and water. Possibly an even cheaper mode of covering -those areas could be found. Mr. Thomas: The budget which you considered does not include any capital improvements; those are outside of the scope of the budget which.has been considered to this point. The five year program is the City's capital improvement program. At this point of time, there is no money in that program. Federal funding would be available for the program, but.it requires matching funds, which we do not have. The design,of the medians has been an evolutionary thing over the last ten years, since the policy • was adopted that landscaped medians would be provided on the major streets.. The designs which have been proposed are intended to enhance the City, and provide a benefit to the value of adjoining properties. Maintenance of some of the unlandscaped areas, aside from being unsightly, is required (weed removal, etc.) so there is really no such thing as a maintenance -free median. - 20 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty-one Landscaping Maintenance District We are attempting to come up with a design that will be aesthetically pleasing, and provide the most benefits at the • lowest cost. The total assessment Citywide is $228,000. This will release about $200,000 in gas tax funds that.are now committed to maintenance such as street sweeping and maintenance of the landscaped medians. The remaining costs, the difference is mainly for the setup charges for the district. ATC funds are not being used for land- scaping. If those.funds are terminated by the County, they could not be made up with funds from this district. They would have. to be made up from some other source, or there would have to be a reduction of service. The rates established by the district are the maximum that can be levied at the present time. It requires notification and a Public Hearing before these rates can be increased. Mayor Browne: In relation to the costs of separating the two and setting up two districts, would that cost an additional $19,000? • Mr. Rossetti: The reason that we are considering the Landscaping Maintenance District is because we have the Street Lighting Maintenance District renewal coming up. If we set it up with the Street Lighting District, we could use a lot of the data and material for -the Street Lighting District to accommodate the Landscaping Maintenance District.. If you are going to setup two districts separately, you are talking about $40,000 against $65,000. So, we think there is about $25,000 savings by going this approach. Mr. H. Glassburner I understand. there is a quarter of a 243 N. Lang million dollars a year of federal West Covina, Ca.. funds available if we match it. The City's contribution would be 17 percent. That, in my figures, comes to $42,500 per year I am.a't a little bit of a loss as to how we can come up with $55 per<,front foot in order to.ge.t the federal funds. Mr. Thomas: We are really faced with two problems. One is the matching for federal funds, which amounts to approximately $53,000 • per year. The other problem that the City is faced with is a deteriorating local street system that is not eligible for federal funding, and which has no other funds available for rehabilitation. The balance of the amount released, $145,000, would be used for this purpose. This is basically for resurfacing on local streets. Streets built some 25 years ago and have had no major maintenance in that time period and now are in need of overlay,.and in some cases, reconstruction. - 21 - 11 CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty-two Landscaping Maintenance District Mr. Glassburner: Then do I understand we are playing games, we are going to put fancy median strips in some districts in order to get a certain percent of funds to maintain streets that should have been fixed a long time ago? Mr. Thomas: That is not quite accurate. There is no money being provided for construction of median strips. It is for maintenance of the areas that already exist, and those that would be land- scaped from other funding sources. Mr. Glassburner.:. You showed a picture of Amar road and said that money was available. Where did it come from? Mr. Thomas: No, that money is not available. It would come from either the federal funds or from other funds that would be available; i.e. gas tax fund. Councilman Shearer: The ultimate decision as to whether any additional medians, street trees, etc. are planted (which will then entail perpetual maintenance) lies with the Council. Council has not taken any action with regard to Amar. Whether or not those will ever be landscaped would be speculation at this time; there is no money. At the time that the -Council would consider it, we would also be required to consider if we are doing our job properly. In addition, we also have to ask ourselves, how are we going to maintain this in the future? These factors are very legitimate, but they have not been addressed to. Whether past Councils have made mistakes or not in putting in street trees, we have them. Just like with the City Hall; there have been a lot of debates as to whether we should have it or not.. But, we have it and we have certain .obligations to maintain it because it is here. That is the purpose of this.district at this point - to maintain what we already have. Our alternative is to let it die, and I do not think I would be responsible in representing you if I would make a decision to let it.die any more than I would be to let the lights go out because I did not pay the bill to the Edison Company. We are not talking about new things that cost more money; -we are talking about keeping even with what we have today. Mr.. Glassburner: These funds are not in addition to what we are currently paying? Mayor Browne: No. Mr. Glassburner: I was misinformed. I came into the City Engineer's office about a week ago and - 22 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty-three Landscaping Maintenance District a young man informed me that it was going to be a $0.40 charge - $0.25 for the lighting, and $0.15 for the landscaping. • Mayor Browne: When I say "no" I mean on the street lighting portion, there will be an additional charge on landscaping. Mr. Thomas: Yes, the minimum residential rate is $0.40 per front foot, however, the present rate is $0.36, so there is a $0.04 increase on that rate for street lighting. The landscaping is entirely new; it is an assessment that has not been levied before. It is $0.15 per front foot in the general area, and $0.25 per front foot where there is a special benefit. Mr. Glassburner: The information given me was that it would be a total of $0.40. Thank you very much for your time. Mr. B. Fox I believe that we are paying taxes at 532 Chapman the present time to some department to West Covina, Ca._ maintain our trees. Is that correct? Mayor Browne: It is part of your total City tax. It comes out of the General Fund and gas • tax funds. Mr. Fox: And, we have a lighting district? Mayor Browne: We have a lighting district and the additional cost will be a matter of $0.04. Mr. Fox: In other words, we are going to form one district for both? Mayor Browne: Right. Mr. Fox And, we are already paying taxes to the City's General Fund to maintain those trees? Mayor Browne: No, as far as the lighting district, you are paying separately at the present time. This will entail a $0.04 increase over the present rate. Planting trees, etc. came out of the park fund or from the gas fax fund. • Mr. Fox: Right.. But, there is a department to maintain those trees and parkways at the present time. Are they going to be the same people who are going to maintain them in the future if this goes into effect? - 23 - CITY COUNCIL July 12, 1976 Hearings — Street Lighting & Page Twenty-four Landscaping Maintenance District Mayor Browne: I would imagine that they would be; we have no intent of changing personnel. Mr. Fox: In other words, there will be nothing but landscaping involved as far as the maintenance is concerned? Mayor Browne: As.part of the landscape maintenance, yes. Mr_, Fox: Then why add that with the lighting? Mayor Browne: I believe Mr. Rossetti explained that. (Reiterated those comments.) (Mayor Browne reviewed the district's intent and costs with Mr. Fox.) Mr. 0. Riggins In hearing the Staff report, and sensing 1239 W. Rowland the mood of the Council; it appears that West Covina, Ca. we are going to have this ',district. I am not so sure that it is wrong that we have it, but I naturally resist any additional governmental agency being added to -my tax roll. • Would it be proper to add into this legislation a limiting budget factor? In that way this Council or any Council would have to give notice to the citizens and come before us again before they could go"past that limit. If it is not proper under present precedent, why don't we establish the precedent of setting limits? 11 Mr. Wakefield: The City is proceding this evening under a State statute enacted in 1972. That statute does not establish specific limits either in terms of cents per assessment or percentages for the amounts that can be levied pursuant to the statute for street lighting or street landscape maintenance. However, whatever rates are established initially will be the rate that will prevail unless City gives notice to the effected property owners of an increase and holds another Hearing such as it is doing this evening. Mr. F. Tenent I am not here to protest. I think the 4922 W. Virginia district has a lot of merit, and the West Covina, Ca. costs sound rather reasonable for what is to be done. . But, I would like to echo a previous gentleman's concern. As I understand it, this district is not governed by SB-90, and there is no ceiling on it. Although I have great confidence in this City Council and this particular City Staff, we do not know what will happen in future years. - 24 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting &; Page Twenty-five Landscaping Maintenance District You have not stated tonight precisely • what percent of the money in the district will be used for salaries. There has been some publicity that you would transfer fringe benefits from the General Fund into the district. My concern is this, the greatest abuses of the property tax dollar, and perhaps all public dollars today, are monies paid to employees, particularly fringe benefits and pension�� funds . _ I would be very concerned if you do carry",out any plans to transfer fringe benefits, particularly pension funds, into the district.. This would set up a tremendous mechanism for abuse in future years. As'recently as this morning in the Los Angeles Times, there was an -article stating that public salaries today run five to six percent above those in the private sector with comparable jobs. Mr. Thomas:' On the landscaping, I do not have a precise figure on what will go for salaries, but I would imagine it is • pretty close to what the.average is Citywide which is around 70 percent'of the total budget. As far as the street lighting is concerned, 10 percent of the total amount goes into engineering and related services; the remaining 90 percent goes to pay the energy costs for the district. The salaries are extremely low because the work (maintenance) is done essentially by the Edison Company. However, on the landscaping district, my expectation is that it ,;will be significantly higher because the work will .be done by City forces. Councilman Shearer: On the question of fringe benefits, etc. I would have to assume that the fringe benefits related to the particular landscape maintenance man.or tree trimmer, however many, would be paid from this source. I assume it would be both immoral and illegal to:try to play games and, say, pay for the fringe benefits for the Planning Department or the Fire Department out of monies generated by this district. The only fringe benefits which will be paid will be for those people actually doing the landscape work in connection with the particular landscaped area. Mr. Tenent: I would suggest that if it was just for • those people employed within the district that it would be wise at this time to setup some type of a formula innate to West Covina similar to what SB-90 calls for on a wider basis. This could setup the potential for abuse in the future, if not.. - 25 - • CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty-six Landscaping Maintenance District Councilman Tice: For the past two years, the City has been working towards a system called Cost Center Accounting. Each specific area carried its own load - benefits, salaries and soforth, so we know exactly what.we are spending for 'a particular function. Mr. J. Simpson Re the lighting district, it is fine 1426 Pioneer Dr, except that when you call into the City West Covina`', Ca. no one seems to -know who maintains them. I have been told that Edison maintains them, but when you call Edison, they say the City maintains them. Our lights are constantly out, which is another problem. But-, back to the maintenance district, what guarantee do we in the City have that this money will be spent for the City and not around the City Hall and the Fashion Plaza? The charts show $130,000 for tree tramming. I have been in the district for'seven years; the only thing that has happened in our -area is that we have to clean our lawns three and four times a day if we want to keep it looking right. The trees have never, never been maintained in our area. I would like to know what is planned in this phase so that the money is spread throughout the district. Mr. Thomas: The money that is budgeted for tree trimming is only for trees that are located within the public right-of-ways; there are.some 23,000 trees in the City so located maintained by a crew of approximately five or six men. Thela.ndscaping around the City Hall and the Fashion Plaza, in one case is on privately owned property, and in the other it is on public property, but not on public right-of-way. It would be illegal to use funds to maintain those areas out of this district. Mayor Browne: Councilman Shearer: Mr. Simpson: to be cleaned up two or City Hall maintenance is under a separate contract. Might I suggest that tomorrow the Pioneer Drive area be looked at to determine if there is a need for tree trimming. We have magnolia trees that the City planted. They are shallow rooted trees and are tearing*up our lawns and have three times a day. - 26 - f CITY COUNCIL July 12, 1976 Hearings-SStreet Lighting_& Page. Twenty-seven Landscaping Maintenance District Councilman'[Shearer:, If I am correct, the landscape main- tenance of trees does not include • o cleaning up of the leaves; it is merely the.tree itself, the pruning, etc. Maintenance of the lawns is the responsibility of the individual property owners. Mayor Browne:. This would also provide for pruning or removal of any tree. Mr. Eliot, please look into this request. For information, the City is replanting in areas where trees have been removed with a deep root type that will not injure sidewalks, curbways, or roads. Mr. Thomas: There is a Master'Plan for Street Trees with these factors taken into account. Mrs. Bergman: Many of my questions were not answered; may I restate the one most important in my thinking? Mayor Browne: Go ahead. Mrs. Bergman: The Councilddid arrive at a balanced budget during budget sessions. The City Engineer commented that there was • no capital "improvement within that budget. I was not referring to capital 'improvement, I was referring to the costs involved in the budget for street maintenance, landscape maintenance, etc.. If these items are taken out, on what date would the district be effective? Would it be this fiscal year? If those charges -are then taken out and put into the district, what is the Council's plan regarding the budget at that time? Mayor Browne: We have not balanced the budget yet, we are still in budget sessions. We did not know what the reassessed :,evaluation factor was.',i We have one more session to go, and possibly two. I will ask Mr. Eliot to answer your question in relationship to the maintenancellandscape maintenance district in the present budget as presented to be balanced. Mr. Eliot: ..As the budget was presented to the Council for their consideration, the funding for -the landscape maintenance district remained with the gas tax funds, as,in the past. The effect of the landscape maintenance district being adopted • would be as Mr. Thomas related. The funds would then come from the landscaping district to maintain the landscaping, and, there- fore, the gas tax funds would be availab.le,for budgeting by the City Council. It is Staff's recommendation that those funds be used for street construction. - 27 - i CITY COUNCIL Hearings ;;Street Lighting & Landscaping Maintenance District July 12,.1976 Page Twenty-eight Mrs. Bergman: Then, there would be reimplementation of the five year plan. Mayor Browne: That is correct. Mrs. Bergman: In the total landscape district, since it is a continuing factor, is there any time where variations from .the existing application could occur? An amount cannot be reassessed, but what if there is redirection of the purpose? Does that have to be subject,to Public Hearing?. Mayor Browne: Mrs. A. Lawrence 1924 Foster Ave. West Covina, Ca. Yes. I came here tonight totally unprepared and totally unaware of what was going on. I just received my notice in the mail today. Due to circumstances beyond my control, I had to leave my property here in West Covina and rent it out. Since I have�been.away from the property, my beautiful trees have been taken out without any notification to me. I now have little trees, some dead, which I.have been trying to nurse back for two years. I have tried to get in touch with the City offices toli,have the trees taken out and replaced. But., I have had no response and have been given the run-around in the City building. I am totally against being assessed for anything right now. I think we should wait until the economy stab,ilizes,'a little bit. I am in dire straits. I have this piece of property that I hoped I could maintain and keep for my daughter and myself, but I don't see.how I can. My taxes have more than doubled, which makes it hard.for me to try to rent the property. My rent tenants do not stay long; they abuse the property. .My property has depreciated all of the time that I have been away. Mytaxes have increased, and yet I cannot sell the property because I cannot maintain it the way it should be for sale purposes. The City is going to get it, and that is just pushing too far. I tried to appeal my taxes last year, but I find you ''cannot buck City Hall. I do not think this is the right time"to push more assessments and more .costs on people that are in dire straits. Mayor Browne:' Mrs. Lawrence, I think you are confusing the City with the County. Your great increase in taxes, which have gone up consistently in the County, the school districts; the City has not raised ''taxes in two, years. This will be the first considera- tion that this City Council has given in the two years that I have been on it towards raising any funds to meet existing needs. The City would not get your house; we have no intent of doing that. 28 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Twenty-nine Landscaping Maintenance District I am concerned about your calling City Hall and not receiving the attention that you desired in • relation to the trees that were removed and replainting of those. Before you sit down, please address yourself to the Acting City Manager, and I am sure that we will take care of that problem. Councilman Tice: I am rather concerned that these trees were removed without Mrs. Lawrence's permission. Pherhaps the renters who had your house called for the removal of them. Mrs. Lawrence: I don't know; they said the City just came in and took them out. Councilman Tice: Please find out and let the Council know(Mr.,Eliot). MAYOR BROWNE CALLED A RECESS OF THE CITY COUNCIL AT 9:30 P.M. THE CITY COUNCIL RECONVENED AT 9:48 P.M. Mr. Hawkinson Does the district involve the whole West Covina, Ca. City of West Covina? Mayor Browne: Yes. • Mr. Hawkinson: I would like to know why the entire City was not posted according to law. Mr. Thomas: The entire City was posted, but I do not know what the life of the posters was. Unfortunately, many of the posters were removed almost immediately after they were placed. Mr. Hawkinson: How do you arrive at each assessment for each parcel? Mr. Rossetti: We breakdown the different zones, the types of lighting benefits, the types of lights, the types of landscaping and the landscaping benefits. Mr. Hawkinson: You have the figures then for each parcel? Mr. Rossetti: Yes. (Mr. Hawkinson requested to see the • figures for a certain parcel, so, :he and Mr. Rossetti left the podium to view the assessment book, and the meeting continued.) PUBLIC HEARING CLOSED - 29 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & -Page Thirty Landscaping Maintenance District COUNCIL DISCUSSION • Councilman Miller: At the City Council meeting on June 14, 19763 I voted against having this Hearing include -.the landscape main- tenance district only. From the Hearing I hear tonight and what I understand of the situation, I feel we are somewhat premature. I still feel that the landscape maintenance district should not be at this time approved. Staff has definite, legitimate concerns that they have presented to us tonight, especially the major lack of concern for lack of funds to continue major rehabilitation of City streets. So, it is a fact that, as a Council, we have to look at this problem, address it and tackle the problem. Given the budget for the coming=year, 1976-77, it is possible, as I understand it, to, transfer General Funds which could be used for the $53,000 matching funds for the Federal Highway Act and then replace that with federal revenue sharing. I don't generally like�to use revenue sharing to balance out the budget; it has been done in the far past. But, as I see this, it is an emergency type of situation. Given that fact, I think this is one possible way.of going. True, we will only have $272,000 to work with for major street con- struction, but, at least, this gives us something to.work with; it gives us something to at least hold the line with at this time. Our City is still growing. Given the fact that -in fiscal year 1977-78 hopefully the economy will continue on the upswing, Wie will see increased sales tax revenue next year which also can address itself to future major street development. I just feel that at this time it would be best to hold the line, and address this problem a year from now when we see our City in a more developed stage. If, at that time, we are faced with a critical situation, then let us consider other revenue alternatives. If we are looking at a $15,000,000 problem as has been presented in this report, this is a major problem that may need to be addressed through other types of funding, possibly a bond issue, which would give the people a chance to vote. This isa way of letting the people have a say-so, but, also, -once the bonds -are paid off, they are paid off. They are not.on an on -going basis as is taxation. • So, with those statements, I will be voting against that part (landscaping maintenance district) of the budget. - 30 - CITY COUNCIL July 12, 19;7,6 Hearings - Street Lighting & Page Thirty-one Landscaping Maintenance District Councilman Chappell: I think some things have to be taken into consideration, and sometimes'we • have to go back to what has happened in the past. There was a time when we spent a considerable amount of money in capital improvements and repair and main- tenance of streets. This is basically what this subJect is all about. SB-90, in the wisdom of our legislatures, opposed the cities ability to receive new -revenues from increases in taxes such as the County is privileged to do, and the school districts are privileged to do through a very short term financial arrangement to help schools. It was a real break system for the cities. We are faced here with the fact that we are not improving streets; we are not maintaining them in the manner in which.they should be; and, basically, we are not even repairing some of them in the manner that would allow them to hold and stay in good shape for a while. We are faced with the fact that this is an -on -going cost that should be maintained. We are being asked by Staff for an increase in tax, and I think it is probably the only way to go. We, up here, pay that same tax increase, but perhaps with a little more ease than some of our citizens who are on a limited income. It is still a fact • of life that we require our streets to be maintained properly; we require them to be in good repair. If you follow the law suits that arestarting to evolve in communities such as ours, you will see that potholes in the streets are a good subject for law suits today. What we are going to do here, if we pass on it, is move some funds from one position to .another. We are also going to take advantage of some federal funds which have been appropriated. If we don't take advantage of those funds available to us, someone else in some other community or state will. They will not go back into the federal budget. There was a time when funds not asked for by communities would go back to the federal .budget and be eliminated from taxation by the federal government, and we, perhaps., would be on the right road to cutting costs. But, that isn't the way it works. So, what we are going to have to do tonight is make a decision whether we are going to continue to maintain our streets, or not maintain them. Our five year plan has not been enacted upon; it has been considerably set aside, and I do not believe that we can afford to set the repair of streets • aside any longer. I think we have more than held the line in that area. - 31 - CITY COUNCIL July 12, 1976. Hearings - Street Lighting & Page Thirty-two Landscaping Maintenance District This is a protective tax in the sense that we would have'to hold Hearings again to increase it and • we cannot use the funds for other than maintaining landscaping. I think many people live-in West Covina because it is a more beautiful community than some of the communities surrounding us.. There have been efforts by Councils in the past to beautify the community. In the years that I have been on the Council, we have had environmentally -minded citizens come before us to demand more landscaping, to demand more greenery, to demand more beautification. In some instances we complied with those demands because we attempted to comply we the requests of our community. This has cost us some money down the road. But, I do not. see any other logical reasoning than what we propose to do tonight. I am certainly opposed to just raising taxes, per se, but we sometimes have to "fish or cut bait." In this instance it is repair our streets or not repair them. I am willing to take the risk of some sort of criticism in doing this'. I think that the average citizen will recognize that our hands are tied in fund raising ability. This is one way to accomplish some of the needs of our community. Therefore, I would move, when the time • comes, to approve the Street Lighting and Landscaping Maintenance District. Councilman Tice: Over the past few years I think we have run a pretty frugal operation here in the City. We have not had any tax increases, nor have we increased our Staff, as some cities have. I am concerned about the streets; I have been for several years. At this time I think we have to "bite the bullet,"so to speak. There is no way around it, whether we do it with this type of mechanism or some other source, somehow we are all going to have to.pay for what we have here in the,way of services. I do not particularly relish having to pay the $9.00 - $10.00 or $12.00, whatever it is going to cost me a year, but it has to be done. It is especially hard on people with fixed incomes, and I realize that. There are, however, some slight relief mechanisms available for some of our people. We have tried to maintain the best we could over the years on our streets, medians and trees. I do not want to see our streets go into any more disrepair than • they are in right now. If we wait much longer, instead of repairing what we intend to repair right now, we are going to be paying millions of dollars for reconstruction. This way, at least_, we can maintain them and break even from the dollar standpoint. Some 20 or 25 years is a pretty long life for a street. - 32 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Thirty-three Landscaping Maintenance District So, I am going to support this Street Lighting and Landscaping Maintenance District. I am • not happy about it, but at this time I do'not see any way around getting the needed money to keep our streets going. I am not in favor of using revenue sharing for this type of thing because once you start using revenue sharing, it becomes an operating item. If in a year or two the revenue sharing is cut out, the city is left high and dry with no funding. We.have more or less reserved that revenue sharing for capital expenditure items - one time items, not for operating costs. I believe that is the way it should be used. Councilman Shearer: I think what we have gone through this evening is rather confusing; we have an Improvement District with no improvements. We have to maintain trees so that we can pave our streets. When you think about that for a while, it comes out pretty confusing. It is easy.to understand why many citizens have called and were upset, etc. It is a tax increase any way you cut it. Any of us would not be honest -if we did not say that. If this passes, it is going to result in the 6itizens of West Covina paying more money. The question is, what are we going to get for it? We are going to get ,theea-b Ii�t.y.--eto_make additional money available for street maintenance. I do not think that the amount of money that we are talking about is going to perform miracles - overnight -we are not going to see every street in town repaved. You do not get that with the kind of money we are talking about. I think that we have to ask ourselves in a decision like this, or any other decision, what are our alternatives if we do not do this? Well., the alternatives are that we will not be able to maintain,ebo:tl: the trees and the streets; we will have t.o make a choice. We could say that we will take the gas tax funds and spend them on the streets, and let the trees and landscaping die. I do not think that is a very viable alternate because of the liability aspect as well as the aesthetic aspect. I agree with Councilman Tice that the use of federal revenue sharing for something of this nature,is • not, in my opinion, the way to go because it is a continuing thing. If it is for one street project such as the widening of Vincent south of the freeway where we did use some revenue sharing funds.;to supplement other funds, that is one thing, but we are talking about a year in and year out program. - 33 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Thirty-four Landscaping Mainta:-jEince District Deferring this for a year would be like waiting to go to the dentist until next week - the pain is still going to be there; • it is not going to be any better, in fact, it may be worse. I think it is time to come to grips. with this. The lighting district goes without saying. The alternate there would be to turn all of the street lights off. I do not think that the citizens of West Covina would want that. WhenI consider the alternates, asp,_ undesirable as a raise in taxes is, I come to the conclusion that I will support this. There is one other thing that I was requested to speak to during the recess. There is a faith that has to be placed in this Council. One of the gentlemen asked what guarantees the citizens have that the Council will not do such and such... You really don't have any guarantee other than the fact that we are here and we are saying what we say. If you believe me fine, if you don't believe.me, I guess that is your choice. A specific question was asked, "What happens if we collect more money than we need?" It is up to the Council to decide what to do with it. I guess that within • the law, legally, but not in keeping in good faith with you people, go out and landscape more median strips. Am I correct? Mr. Wakefield: It could be used in a subsequent year for improvements, but it would require again a Public Hearing and a deter- mination as to what the ultimate assessment would be. . Councilman Shearer: If we had surplus funds (the district did not use 100 percent of the money that was collected), can those funds be used for improvements? Mr, Wakefield: No,'it would be required to be used to reduce the assessment in the subsequent year. Councilman Shearer: Well then, I was misinformed and I am glad I asked the question. I hope that clarifies to some people that we could not not keep our word. We are forced to be honest, if that is what it takes these days. I will support it. - 34 - CITY COUNCIL July 12, 1976 Hearings - Street Lighting & Page Thirty-five Landscaping Maintenance District Mayor Browne: I think that pretty well sums up the feelings that I have. We are just as reluctant as some of the citizens are in relationship to raising taxes. After sitting through the pre -budget sessions that we have had, and demanding of Staff to cut out $180,000 of costs which were an on -going thing based upon the last year's budget, and having had them done so, I think that we are working in the right direction for economy in City govern- ment. This was all borne out of mind not wanting to raise taxes per se. However, we had alternatives to explore faced with the street situation; you heard the rationale on that. In the few years that I have been on the Council, I have been very concerned about our street maintenance, the deterioration thereof and the lack of funds to do anything_ about it. I would be very reluctant to use federal revenue sharing funds for anything of this nature. It is not the intent when the money is given to us to use it in this direction. Basically, it is for capital improvements; one-shot things when there is a crisis in the community. It is the only resort that we do have available to us to cope with an emergency situation. This is not an emergency; this is a situation that was brought about by economics, forced upon us by higher • echelons of government in reduction of funding that we were allowed to use. A ready means of counteracting that is the action proposed here tonight. I would ask for a motion. Mr. Wakefield: There is one preliminary determination that needs to be made. The 1972 Act requires that upon conclusion of the Hearing, the City Council must determine whether a majority protest exists. ✓ As you recall, the City Clerk reported that she has received two written communications. A majority protest is based upon the basis of the area represented by written communications objecting to the proposed formation of the district filed with the City Clerk either before or during the Hearing. Under such circumstances, it would be in order to find that a majority protest did not exist. Motion made by Councilman Shearer, seconded by Councilman Chappell that the City Council find that a majority protest based upon assessed evaluation does not exist. Motion carried. - 35 - • CITY COUNCIL Hearings - Street Lighting & Landscaping Maintenance District July 12, 1976 Page Thirty-six RESOLUTION NO. 5276 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 11, 1976, PREPARED PURSUANT TO RESOLUTION NO. 5230 AND APPROVED PURSUANT TO RESOLUTION NO. 5248 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE RENOVATED, IMPROVED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING OF SAID FIXTURES AND FOR THE MAINTENANCE AND TRIMMING OF TREES AND FOR LANDSCAPING MAINTENANCE, FOR THE FISCAL YEAR BEGINNING JULY 1, 1976. Motion made by Councilman Shearer, seconded by Councilman Tice to•waive further reading of the body of said resolution. Motion carried, 4 in favor, 1 opposed (Miller) Motion made by Councilman Shearer, seconded by Councilman Tice to adopt Resolution No. 5276. Motion carried on roll call vote as follows: AYES: Chappell, Shearer, Tice, Browne NOES: Miller ABSENT: None Due to the number of people present in •the audience to discuss Agenda Item G-1, Mayor Browne called. that item out of order for Council action. CITY MANAGER PETITION FROM RESIDENTS OF THE TAMARA TRACT ON GEMINI STREET WEST OF SHADOW OAK DRIVE Mr. Miller: You have before you a Staff Report pertaining to the petition that was submitted to the City Council from the homeowners in the Tamara Tract located at Gemini Street and Shadow Oak Drive. Basically, their concern was the placing of the cul-de-sac on the west side of the intersection of Gemini and Giano. The matter was discussed at a public meeting where all of the homeowners were invited. The matter was also referred to the Rowland Unified School District for their consideration at their Board meeting. Attached to the Staff Report, you find a letter from the School District outlining their concerns and their reaffirmation of the original placement of the cul-de-sac. - 36 - CITY COUNCIL July 12, 1976 City Manager- Petition Page Thirty-seven Tamara Tract As a little background, there really are probably four alternatives; I have listed three in the Staff • Report. The one that is not listed is the.fact that there would be no cul-de-sac anywhere in that intersection or anywhere on Giano or Gemini. (He reviewed those outlined in the Staff Report.) The property owners are in disagreement with the first alternate. In Staff's opinion, the third alternative is the only one that will try to satisfy a little bit of every- thing. In planning in any area, there is always a certain amount of compromise for all segments. As indicated in the letter from the School District, the District wants to maintain the vehicular access through this area to the south. It might be pointed out that the children coming from the Bren area further to the north are being bused at this time down Shadow Oak because they cannot get through this area, down to Nogales and down to La Seda and Yorb.ita1.Schob.ls::Lo If this proposal is adopted, given the distance these children are from the elementary school, they would still, by the guidelines that we last saw from the School District, qualify-1 for busing. If this alternative is adopted, these citizens (who signed the petition) would really have no change in status because they are within 3/4 mile • walking distance to an elementary school. So, in reviewing the total matter from the Staff's standpoint, on page 3 of the Staff Report we summarize the considerations. In discussing this with the developer as well as the people who are involved in the area, we find that they will go along with anything that the Council approves in this matter. Staff recommends Council approval of Alternate #3, which would require immediate installation of the Gemini Street cul-de-sac and later installation of the Giano Street cul-de-sac. Councilman Shearer: Would you indicate for me on the map the area that presently has occupied residents. (Mr. Miller complied with the request.) • Councilman Shearer: And, the petition we received was generated from there? Mr. Miller: That is correct. - 37 - • CITY COUNCIL City Manager - Petition/Tamara Tract Councilman Shearer: , Mr. Miller: Councilman Shearer: Mr. Miller: Councilman Shearer: July 12, 1976 Page Thirty-eight Where do those junior high, high school and elementary school children go at the present time? They go to Villa Corta Elementary School; they walk. Where do the junior high students go? To the best of my knowledge, they go to Giano; I would imagine they walk. And, high school? Mr. Miller: They go to Nogales High School. Given the standard of a mile and a half for high school students, they walk. Councilman Shearer: You indicated there is some busing for the children to the north. (Councilman Shearer and Mr. Miller reviewed the current bus route.) Mayor Browne: Could I have a show of hancb of the people here in the audience on the Tamara Tract problem. Mayor Browne: (Over 20 people raised their hands.) Do you have a spokesman? Mr. W. Inski As you know, when we brought this 1934 Gemini Street problem to you several months ago, West Covina, Ca. we postponed the matter to have discussions. We have had those and appreciate it. We have also met with the School District to try to resolve the problem. As Mr. Miller mentioned, we did come with different resolutions at different times; nothing really met the happy medium for any of us. We knew that there was a potential problem for busing the children in the future that goes beyond Amar and Nogales and will be out of the limits for Giano Junior High School. We,presently. the Tamara residents,will • not have our children affected by this, but we were sympathetic to the School District's need for busing children. We feel that through this plan, proposed by the City Staff, it does meet that. We are fully aware that it will be approximately 18 months to two CITY COUNCIL July 12, 1976 City Manager - Page Thirty-nine Petition/Tamara Tract years, and maybe longer, before either area will be cul-de- saced. We are fully aware that it will be that long before the • new housing is developed that will necessitate the busing to Giano Junior High School or Yorbita Elementary School. We are hoping that there will be enough school aged children from the tracts in Woodside Village to construct an elementary school where there will not be any busing of the children. We, the residents, support the Staff's recommendation. We think it is a good recommendation. We think it is the happy medium for the School District and for the residents of West Covina. Mr. D. Engeroll You remember about a year and a half Asst. Supt. ago, the City and the School District Rowland Unified spent many long hours working out a School District compromise for traffic flow through Woodside, primarily Gemini Street. It was the School District's contention that Gemini should be a through street. The basis for that was that we needed access to our schools for the residents in Wood- side Village. With that in mind, we worked out the compromise, a cul=de-sac on Gemini Street west of Giano Street. This was a desirable compromise as far as the School District was • concerned. La,str'Friday we heard from Mr. Miller; that he had an alternative plan. The School District cannot participate in that plan. While it does settle some of the problems from the City's standpoint, it brings up more problems than it solves from the School District's standpoint. For example, it would isolate Giano School. Here is a school in the City of West Covina that you would isolate. It prevents .some 300 students from their nearest bus route to Yorbita. Equally important, it prevents the parents from getting to that school; they would have to go all of the way around. The School District has forever the additional cost of this busing. I do not have the exact figure right now; we did not measure everything out. Mr. Miller talked about a walkway from Giano to the cul-de-sac., We have to supervise all of those kids; • a tremendous increase in the cost .of supervision. - 39 - CITY COUNCIL City Manager - Petition/Tamara Tract July 12, 1976 Page Forty The School District strongly feels that Alternate #3, this compromised plan, gives us more problems than it solves. Speaking on behalf of the District • and the Board, we strongly urge that you reject the Staff recommendation and uphold the plan that we developed a year and a half ago, in January 1975. Mr. Koosman, I think that in the past we have met President of the Board with Councilmen Chappell, Shearer and Rowland Unified School Miller to study the proposed route District of Giano Street and Gemini Street. At one point the developer agreed that Gemini would be a through street. We also agreed at that point to close it off on the west side of Giano. That would give the school access to Woodside Village. By closing it off at the point proposed tonight, you would close off any access that the School District would have into the area for busing. That would be a bad situation for us. We are talking about saving money again. In the long run it is going to cost the School District a number of dollars to go around either Amar or Shadow Oak and come around the backside.to the schools. We do not foresee the need for any more than one elementary school,' in Woodside Village. Consequently, we • will have to bus kids from that area to the junior highs - Rincon or Giano. So, we do need the access, and we hope that you will consider that. Mr. K. Seymour I am a member of the Woodside Village 1724 Oakridge Circle Courtyard Homeowners Association. I West Covina, Ca. would like to go on record as saying that the Association would be in favor of Alternate #3 for the reasons stated. Woodside Village was originally proposed by the Bren Company as a planned community where the children - elementary, junior high and high school, would be able to use the paseos and walkways originally installed to obtain access to the various schools. At the time, it was hoped that the schools would be within the boundaries of Woodside Village. Inasmuch as we have all come to realize that this may not be the case for years to come, we still feel that the idea is a good idea and that the children need to be able to walk to and from school in safety. The idea of opening up a street to the kind of traffic that streets such as Amar, Shadow Oak and Nogales are now . handling is down -right frightening. I would just like to say again that we would support Alternate #3, and would hope that the Council will consider the paseos and cul-de-sacs as a way to keep the children safe. That is the most important idea. - 40 - CITY COUNCIL City Manager - Petition/Tamara Tract July 12, 1976 Page Forty-one Councilman Shearer: If we would start up there at a point on Shadow Oak... (Outlined the route • currently taken by the bus.) Have you (Mr. Miller) made any calcu- lations as to the distances from a common point using route A to designate the current route and route B the route through the tract?. Mr. Miller: I have not made any specific calculations. Councilman Shearer: Could you make a good guess? Mr. Miller: I would say that the difference is about a mile and.a half to two miles. That taken from the intersection of Shadow Oak and Gemini. Councilman Shearer: We will give them the benefit of doubt and say two miles. At full development, is there any estimate of how many buses -will run a day in that area? Mr. Miller: I do not know how many buses they would run. I do know that there are 400 plus homes completed, 350 under construction • and 1461 planned. In the next 18 months to two years we should have some 2200 homes built in that area. That includes the Bowl, the area north of Amar (Covington) and the area south of Shadow Oak. Councilman Shearer: But, if we make the assumption that eventually an elementary school will be built, then we are only talking about junior high schools. The junior high school possibilities are Rincon or Giano. If my geography is correct, for Rincon you would have to go out and down Nogales anyway. So, if they. were bused to Rincon, this alternate would have no effect on it whatsoever. The effect would only be on those students being bused from somewhere in Woodisde to Giano Junior High School. Mr. Miller: That is correct. That could be mitigated, too, if there is some concern, by providing a place for the bus to stop and unload kids for Giano. Councilman Shearer: It seems to me that we have different • special interests involved. Perhaps, if you took only one and isolated the - 41 - CITY COUNCIL July 12, 1976 City Manager - Page Forty-two Petition/Tamara Tract case, you would come up with a different answer. But, we have to look at the total aspect of living in that area. Goint to • and from school is only one aspect of that; there are many others. One comment was made about getting the parents to school; it is obvious to me that the parents, if they want to go to school, want to go some other method or way than down Gemini and Giano. If that is their desire because of the adversities of some other things which we will not go into, I think we should defer to their desire. They are the ones who are part of the School District; they pay the School District taxes, and I think they should have a say in deter- mining their future. I would seem tome that the extra costs for two miles twice a day is not an extremely high price to pay for the other results that would be obtained from Alternate #3. I will support Alternate #3. Mayor Browne: I would totally agree with you. Our first charge is our responsibility to the citizens in our community for their safety and welfare, and number two is to maintain our City in a manner condusive for them to live in. The original concept of that area was for a planned community development, and I think this is in • keeping with the original plans. Councilman Tice: I am somewhat sympathetic with the School District; the additional burden that it puts on the School District to maintain the buses. But, I am,also well aware of the burden which the residents in the area have, which I think far outweighs the burden of the School District. They have a traffic problem; they have a vandelism problem; and a number of other things. If this is a help in that direction, I most certainly will support it. I do not think it will stop the problems they have there; I think some additional things have to be done. Councilman Chappell: I think it should be pointed out that the City and the School District did meet on numerous occasions to work out what we thought were some correct solutions. But, there was one incredient lacking at the time of our meetings, that was citizens living in some of these areas. I am sure that the School District is • aware of some of the.problems developing in our community. We are responsible to see that the citizens in our City have any safeguards that we can provide if at all possible. - 42 - • • CITY COUNCIL July 12, 1976 City Manager- Page Forty-three Petition/Tamara Tract Even though, at the time, I thought we came to some logical conclusions for the school problems, Alternate #3 seems to be a solution that will not disrupt the School District that much, but will certainly protect the citizens of our community in their homes and in Woodside Village per se because it isn't going to stop there if we allow these roads to open up; we will have the problem throughout our community there. I will support Alternate #3 this evening. Mr. Miller: Again, this -is a unique situation whereby two sides have to be presented and an alternative reached. I. too, concur with the Council on Alternate #3. Motion made by Councilman Tice, seconded by Councilman Shearer to approve Alternate #3, which would require immediate installation of the Gemini Street cul-de-sac and later installation of the Giano Street cul-de-sac. Motion carried. Councilman Shearer: I hope that somewhere down the line we do not have anyone coming forth to say that they want improved access and would like the cul-de-sacs taken out. That type of thing is very, very expensive and we do not want to be placed in the middle of two factions. Over the years we have had some varied experiences with things of this type. Contrary to what one -woman said here this evening, "You can't fight City Hall." Sometimes you can and win, although we do not think it is a battle. We are looking for you. As Councilman Chappell said, citizens were the one thing that was lacking many months back when we were discussing the matter with the School District. I thank you for bringing this to our attention. Councilman Tice: I think that what we have seen here tonight is just the surface of some other problems that might exist or come to be in that area. I think it bears watching by the residents in the area and by Staff to forestall vandelism and,t1i(every in that area. It is close to an area that is questionable; you are going to get some spillover,.and there is no way around it. I think that we are going to have to work with that area to do something about it. HEARINGS WOODSIDE VILLAGE LAND Location: All of Woodside Village, except SCAPING MAINTENANCE area located south of Amar Road, West of DISTRICT N0. 4 Shadow Oak Drive, and generally northerly (1976-77) of Gemini Street; and excepting the area located between Lark Ellen Avenue, the ridge line west of Azusa Avenue, Amar Road and Fairgrove Avenue. - 43 - CITY COUNCIL Hearings - Maintenance Dist. No. 4 July 12, 1976 Page Forty-four Sett'for Hearing of protests and/or objections of property owners for this date by Resolution of • Intention No. 5252 adopted June 14, 1976. Motion made by Councilman Chappell, seconded by Councilman Miller to receive and file Affidavits of Publication, Posting and Mailing. Motion carried. • with the City Council. be adopted as presented. Mayor Browne: Mrs. Preston: PUBLIC HEARING OPENED PUBLIC HEARING CLOSED seconded by Council. based upon assessed Mr. Thomas reviewed the Staff Report Staff recommended that the assessments Madam City Clerk, have you received any protests for the levying of annual assessments for Maintenance District 4? No, I have not. No one from the audience came forth to speak on this matter. Motion made by Councilman Shearer, Chappell to find that a majority -protest iluation does not exist. Motion carried. RESOLUTION NO. 5277 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED JUNE 14, 1966, PREPARED PURSUANT TO RESOLUTION NO. 5250 AND APPROVED PURSUANT TO RESOLUTION NO. ' 21'5,1 OF SAID COUNCIL, AND THE PLANS, SPECIIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT: ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 110 1976. Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Shearer to adopt Resolution No. 5277. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 44 - • [l CITY COUNCIL Planning Commission Park Site Relocation PLANNING COMMISSION July 12, 1976 Page Forty-five PARK SITE RELOCATION Location: Area southwest of Nogales WOODSIDE VILLAGE Street and the proposed Shakespeare Drive. Councilman Shearer: I notice in the Staff Report, it talks about clearing the brush and constructing a gunite rip -rap swale lining. How much study has gone into the effect of that being done? Is this a full flowing stream? Mr. Diaz: The complete study as to the effect of the guniting has not been done as yet. At such a time as the guniting would be" -done,` the grading plans for the stream bed would be examined and approved by the Engineering Department to make sure that we have sufficient drop in grade to insure a constantly flowing stream. As far as the volume of water is concerned, the channel involved accepts all of the drainage from Woodside Village in addition to some underground streams that would be punched out of the large culvert at the start of this. So, there would be sufficient water even in the summertime to insure that once it is gunited it would be kept clear and maintained. The guniting that we are talking about is not an L.A. River type of guniting. It is just a small amount of guniting to insure an adequate flow of drainage, and at the same time keep the area looking natural and as aesthetically pleasing as possible. Councilman Shearer: Is there a problem with the stream bed in its natural state? Mr. Diaz: There is a slight problem. Some of the plant and brush material should be removed. This is the reason for the letter that you have from Mr. Sloan of Umark, Inc. Clearing of the brush and creekbed will not take place for a two year period, or as directed by the Parks Department. All of the problems will be ironed out at the time of clearing. Councilman Shearer: By approving the park site, we will not automatically be approving anything in the channel; is that correct? Mr. Diaz: Staff "ecommen:dation would be that we maintain the natural courseway; that is about the only environmentally significant part left in Woodside Village. We have prevailed - 45 - CITY COUNCIL Planning Commission Park Site Relocation July 12, 1976 Page Forty-six upon the developer to pay out the initial costs of clearing out the channel and making sure that the water flow is sufficient to • keep it as clear as possible, and to have'as low a maintenance as possible. Councilman Shearer: That was my concern also; that we do not turn that into a concrete lined storm drain channel. Mr. Diaz: No, that will not be the case. Councilman Shearer: We will maintain as much of the natural aspect of it as possible. It looks like it would split that park. Mr. Diaz: Yes. The ultimate plan for the park is that bothasideb-twould be entirely integrated, yet separated. You could have passive recreation on the 1.7 acres, and active recreation on the 6.3. Councilman Chappell: Mr. Diaz: • Recreation and Parks of bridges we want. Councilman Chappell: Mayor Browne: Who will build the bridges? We are now in the process of speaking 'with developer about who will build the bridges. We are also talking with the Department to determine exactly what types be bound in clear terms Shouldn't we.hold up ort this then until all of those things are in agreement? They are the ones asking for the reloca- tion, and they are the ones to benefit by it, so I would think that we should on responsibilities. Is there some reason why this has come up now when development will not take place for some two years? Mr. Diaz: As far as the park is concerned, the area in which the park is being transferred from is subject to revision -of an improved development plan, and ultimately that development hinges on approval of the transfer. Mayor Browne: But, there are certain amenities that • should be bound in that relocation. Mr. Diaz: The problem with the bridges and cross- overs is minimal, and I am -,-sure that it can be worked out between the developer and the Staff as to -exactly what each wants. - 46 - CITY COUNCIL July 12, 1976 Planning Commission Page Forty-seven Park Site Relocation Perhaps Council would desire a letter from the developer indicating what he is willing to do about • the bridges. This is not entirely a pro -developer situation. The City does benefit somewhat. .This is a slightly better park°;'siteaas far as useable land is.concerned. It is located more realistically to the community park site than the original site was. Mayor Browne: I think that there has been enough concern demonstrated here to hold the ma titer over., Councilman Tice: I attended the discussion at the Recreation and Parks Commission meeting. There was very little discussion about the bridges, but they did indicate a minimal type of bridge. Mr. Diaz: Yes, we are talking about a minimal type of bridge. Councilman Tice: The .Commission was concerned that by moving the park further south, other citizens besides West Covina residents would use it. But, that is prevalent no matter where you go, • so I do not think it was a real concern. Motion made>by Councilman Chappell, seconded by Councilman Tice to hold over this matter. Motion carried. Mr. Diaz: A point of clarification, the primary concern,at this 'point is working out bridges from one side, of the channel to the other. Mayor Browne: That is true. ORAL COMMUNICATIONS Mrs. L. Bergman. I call your attention to City Attorney 4260 Leaf Ave. Agenda Item No. 8 (Cameron Avenue Park West Covina, Ca. Site). It is a little late to bring before the Council the community concern at the time the Agenda item calls for accepting a corporation grant deed for an accomplished • fact. However, I will remind you of things that you have all heard. West Covina acquires park sites, and does not yet have one developed park site that is complete. - 47 - CITY COUNCIL Oral Communications July 12, 1976 Page Forty-eight There was quite a bit of concern by Council regarding the relocation of a park site in Woodside Village. May I ask you to discuss in the same detail the • potential of a park site outside of the City limits of the City of West Covina, located on the east side where the use of a park is really not related to the same type of use as the neighborhood parks that occur in the rest of the City. If there is some intention to continue the use that has been made for this piece of property during.its resale time, then possibly this is the time to start exploring exactly what community.resources can be drawn so that the use will be more assured. I make this statement in consideration of the fact that the Council has, tonight particularly, given comment to the fact that the City does not have funds. Previously, comment was made that the City was very short of funds regarding the acquisition of the Sunset School Site for park purposes. Obviously, prior to 1970, street maintenance, or at least tree maintenance, and landscaping was done out of park funds. That is no longer available. What is going to be the solution for using some of the parks while the citizens are still young enough to enjoy them? Mrs. K. Jones . Last meeting there was some concern • 1428 S. Sandia Ave. and interest expressed about the West Covina, Ca. grafetti, which is becoming more prevalent in the City. I have since read that the governor just signed a bill which would permit local governments to remove obnoxious grafetti from public or privately owned structures. It is Senate Bill 2530. Staff is probably aware of it, but maybe -not, and I thought I- would bring it to your attention in light of your past concerns. Mayor Browne: CITY ATTORNEY ORDINANCE INTRODUCTION I am glad someone else has concerns about this, too. The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 3118 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE INSTALLATION OF TRAFFIC CONTROL DEVICES. . Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of the Ordinance. Motion carried. - 48 - CITY COUNCIL City Attorney July 12, 1976 Page Forty-nine Councilman Miller: Question on Section 3118-A, under the words "Engineering Standards" does • this also include traffic investigations as part of the Engineering Standards? That part has been omitted. Councilman Shearer: I believe this is on the Agenda because of my request to have the City Attorney look into this. The only change is in subparagraph B, the addition of "...where it may be so directed by the City Council." In going over this section of the Code, it gave the authority to install traffic control devices to the Traffic Authority, which in this case is by definition the Traffic Committee; it made no reference to the City Council. My concern was that the Traffic Committee, under the Ordinance, was required only to do it on the basis of traffic studies and warrants. This Council has, on a number of occasions, over-riden the recommendation of the Committee and has installed traffic stop signs, etc. whereby on accepted warrants they- were not justified; they were done on the basis of Council wisdom. I was concerned that perhaps with the Ordinance we were somewhat in conflict, so I asked the City Attorney to look into it. I assume from the addition it gives the Council the prerogative, for whatever reason they want, to order these things installed. Mr. Wakefield: That is correct. That is the purpose • of the amendment. The Traffic Engineer- ing Standards referred to by Councilman Miller are the State standards that are applied by the Traffic Committee in its investigation. Motion made by Councilman Shearer, seconded by Councilman Tice to introduce said Ordinance. Motion carried. ORDINANCE INTRODUCTION .Tlie,7CAty.Atborne y presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND- ING SECTIONS 2321, 2322, 2331 and 2405 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CITY BOARDS AND COMMISSIONS. The Ordinance is submitted based upon an experience which arose out of litigation involving the City of San Dimas. The Ordinances of the -,City made no specific provision for the removal of a member of a Board or a Commission during the term for which he was appointed. The court, in that situation, decided that unless the Ordinance of the City • specifically provided for removal, that the authority does not exist. So, what we have attempted to do here is spellout with respect to each of the Ordinance Commissions and Boards that the City Council may, by a majority vote, remove a member with or without cause during his term of office. - 49 - CITY COUNCIL City Attorney July 12, 1976 Page Fifty Motion made by Councilman Shearer, seconded by Councilman Chappell to waive further reading of the body of the Ordinance. • Councilman Tice: When I first read this, I was pretty disturbed about the point that we could remove a Commission or Board member "with or without cause." But, after deliberating this over the weekend, I have decided more or less to go along with it. C� The thing that concerns me more than anything is "without cause." Generally, to remove a Commission or Board member there has to be some kind of cause. I do not want to inhibit any of our Commission or Board members from telling us what they think. We may not agree with them, but I do not want them to be under the shadow of being removed. I do not agree with this, and this is possible with the words "without cause." But, I,will go along with it because it would take a majority of the Council to remove anybody. Mr. Wakefield: The cause referred to is a legal cause. The courts require that specific charges be filed and an opportunity for it to be heard. In the context of a Board or Commission member, it presents a pretty impossible situation,to remove a member for legal cause through all of the hearing conditions involved. I am sure that you are not going to have a majority vote of the Council to remove a member without some underlying basis. Motion to waive further reading carried, kin favor, 1 opposed (Miller). Councilman Miller: I do not support the wording,"without cause." Councilman Chappell: As the City Attorney pointed out, the word "cause" is certainly a very narrow description. This just gives us a little more ability to control the Boards and Commissions as they stand. Councilman Shearer: We appoint Commission and Board members to serve and advise the Council. They serve at the Council's pleasure. I think that any time the majority of the City Council is unhappy with a member, they ought to be fired, whether it is cause or not. It is pretty blunt, and I do not think it will ever occur. But, when we have a situation where the Commission and Council are bickering, they don't get along and there are charges flying back and forth, I think it is time that the Commission be changed. MITIM CITY COUNCIL City Attorney July 12, 1976 Page Fifty-one There are times also when there might be a very good cause, but it might be something that you do not want to go into in a public discertation to prove charges. So, I think it works both ways. They are our employees and our advisors, and if we are unhappy I do not think that we should have to have an inquisition, trial and guilty verdict, etc. Mayor Browne: I agree with your statement. Councilman Tice: I had the same concerns as Councilman Miller. However, after I realized what the words "without cause" mean, I felt it was the best way to go. Councilman Miller: I understand what is being said, but I think this is one of the weaknesses in our legal structure. -We get to the point where we have too much flexibility. People do not always use discretion wisely and use it to their advantage. I am not saying that this Council would do that. But, this would leave the door open for opportunity in the future. To me the words "without cause" simply mean what.they mean. I do not care what line of work you are • in. Sure a Commissioner serves at the Council's pleasure, but he is not going to go through the interview, put his application in, he isn't going to be paid without a purpose. He may have other ambitions to go forward, which is legitimate. I would hate to think that one was stopped because he had an ambition. That is why I do not like this loop hole, otherwise it is fine. Motion made by Councilman Chappell, seconded by Councilman Shearer to introduce said Ordinance. Motion carried, 4 in favor, 1 opposed (Miller). ORDINANCE INTRODUCTION. The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND- ING SECTIONS OF 6218, 6219, 62203% 6226.51 6227, 6233, 6234, 6235.1 AND 6312 OF THE WEST COVINA MUNICIPAL CODE RELATING TO BUSINESS LICENSES. Motion made.by Councilman Shearer, seconded by Councilman Chappell to hold over this matter. • Councilman Miller: I am very disappointed on this one. I was assured that this would be fully handled properly before it came before us; and it has not. I hope this is -corrected. Motion carried. - 51 - 0 . • • CITY COUNCIL City Attorney July 12, 1976 Page Fifty-two ORDINANCE NO. 1306 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND- ING SECTION 8121 (PLUMBING), SECTION 8136 (ELECTRICAL), AND ADDING TO SECTION 8110 (BUILDING) OF THE WEST COVINA MUNICIPAL CODE AS THEY RELATE TO CONSTRUCTION FEES. Motion made by Councilman Tice, seconded by, Councilman Shearer to waive further reading of the body of the Ordinance. Motion carried. Motion made by by Councilman Shearer to adopt Ordinance carried on roll call vote as follows: AYES: Miller, Browne NOES: None ABSENT: None Councilman Tice, seconded No. 1306. Motion Chappell, Shearer, Tice, APPROVAL OF SALARY Mr. Wakefield: This matter does not STEP INCREASE require a resolution, but simply action by the Council by motion. The existing provisions of the Salary Resolution authorize the granting of an additional step increase under certain circumstances with the approval of the City Council. What is sought here is approval of a step increase from C to D for Peter Selak in accordance with Section VIII (d) and (j) of Resolution No. 1277. Motion made by Councilman Chappell, seconded by Councilman Miller to approve a step increase from C to D for Peter Selak, Recreation Supervisor I, in accordance with Section VIII (d) and (j) of Resolution No. 1277. Motion carried. RESOLUTION NO. 5278 The. City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND- ING SECTION VII OF RESOLUTION NO. 1277 RELATING TO THE COMPENSATION PAYABLE TO THE CIVIL ENGINEERING ASSOCIATE CLASS. Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of the resolution. Motion carried, 4 in favor,, 1 opposed -(Miller). • Motion made by Councilman Shearer, seconded by Councilman Tice to adopt Resolution No. 5278. Motion carried on roll call vote as follows: AYES: Chappell, Shearer, Tice, Browne NOES: Miller ABSENT: None - 52 - N . CITY COUNCIL July 12, 1976 City Attorney Page Fifty-three Councilman Miller: I voted "no" because 'I feel that ih the past it has been six months - I can see granting a year, but not 18 months. • CAMERON AVENUE PARK SITE The City Attorney presented: RESOLUTION NO. 5279 A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A CORPORATION GRANT DEED EXECUTED BY THE COVINA VALLEY UNIFIED SCHOOL DISTRICT FOR THE CAMERON AVENUE PARK SITE, AND DIRECTING THE RECORDATION THEREOF. Motion made by Councilman Chappell, seconded by Councilman Shearer to waive further reading of the body of the resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Shearer to adopt Resolution No. 5279. Councilman Shearer: In view of the statements during Oral Communications on this topic, I would like to comment. This matter has been before us a number of times. It is one of the more difficult decisions that I have made for much the same reasons that Mrs. Bergman outlined. The • site is not within the limits of the City of West Covina; it is, however, within our sphere of influence as adopted by LAFCO. The property is available; it may not be -available in the future. It did appear to be in the best interest of the City to acquire it at this time at the price it was offered to us. State Bond Issue money was available to us to use for this purpose. It is true that this money could have been utilized for other purposes. However, partly because of the strong recommendation from the Recreation and Parks Commission and the fact that it is within the sphere of influence, and perhaps the only available land in that area should it become within the City of West Covina, I would support the acquisition at this point. Councilman Tice: Mrs. Bergman also spoke about developing the rest of our parks. We have taken the initiative in licensing for the BKK Landfill to see what we can do to develop the rest of our parks, as well as this one downstream. Councilman Chappell: There is another area here which I think is very important, one of the reasons • why I decided to vote for this. If you remember, when this acquisition was initially proposed, I was opposed. It is the responsibility of communities to prepare for the future. We are, in this instance, preparing for the future. This park site may not be developed until some time five to ten years from now. This property is within the sphere of influence of the City of West Covina. - 53 - CITY COUNCIL July 12, 1976 City Attorney Page Fifty-four Considering the bills that have been passed, what is proposed in the legislature, and the goals of LAFCO, we may see this land coming into West Covina much sooner • than we thought when we started to buy the land. To build the future we have to prepare. There are certain park developments in West Covina that were prepared by Councils 20 years ago. Perhaps they have only been developed in the last few years to a point where they are even useable. Open space is a requirement of our General Plan Master Plan. We have designated this as some of the open space that West Covina will have. I think all of these things together changed my vote in purchasing this land and made it acceptable to spend $130,000 of funds that we could have utilized in other areas. If people did not have vision, we would not have water in Southern California; if people did not have.vision we would not have the park sites that we have'in our City. I think this Council and those in the past have recognized that we have to prepare for the future. This is one of the ways in which we are doing it. Mayor Browne: I think all of us were in the same position; we were all in opposition • to it initially. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Motion made by Councilman Shearer, seconded by Councilman Chappell to authorize payment of $130,000 to the Covina Valley Unified School District for the Cameron Avenue Park Site.. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice Browne NOES: None ABSENT: None RESOLUTION NO. 5280 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF WEST COVINA, CALIFORNIA DESCRIBING A COUNTY PROCEDURE TO BE FOLLOWED BY THE SEVERAL CITY DEPARTMENTS AND OFFICES WITH REFERENCE TO MISCELLANEOUS CASH RECEIPTS. 54 - 4 4 . t CITY COUNCIL City Attorney July 12, 1976 Page Fifty-five Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading.of the body of the resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Shearer to adopt Resolution No. 5280. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None MAYOR BROWNE RECESSED THE CITY COUNCIL MEETING FOR THE PURPOSE OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 11:30 P.M. COUNCIL RECONVENED AT 12:10 A.M. CITY MANAGER APPROVE CITY'S PROPERTY Mr. Eliot: It is requested that this EQUIPMENT & GLASS matter be held over. Today we had a INSURANCE COVERAGE FOR telephone call on the insurance coverage FISCAL YEAR 1976-77 which negated prior information. Motion made by Councilman Chappell, seconded by Councilman Miller to hold over this matter. Motion • carried. -COMPREHENSIVE EMPLOYMENT Motion made by Councilman Shea : rer;, & TRAINING ACT OCCUPA seconded by Councilman Tice to receive TIONAL SUMMARY and file. Motion carried. BLOCK PARTY REQUEST Mr. Eliot: The Council has received a .request from Mrs. Neil 'Shanski, 3000 gently Street for a block party. We do have a petition signed by all of the residents on the cul-de-sac. The party is scheduled for this weekend. Motion made by`Councilman Tice, seconded by Councilman Chappell to approve the request. Councilman Shearer: We had severalof these this past weekend - two weekends ago, I guess. Is Staff aware of any particular problems develop- ing from any of these - noise, fires, riots, etc.? Mr. Eliot: No such reports have come to my attention. • Motion carried, 4 in favor, 1 opposed (Miller) - 55 - CITY COUNCIL July 12, 1976 Mayor's Reports Page Fifty-six MAYOR'S REPORTS LIAISON APPOINTMENTS TO The Council concurred with the schedule • COMMISSIONS & BOARDS as presented. RTD CORRIDOR "D" Mr. Eliot: The City Attorney does have VACANCY for your approval a resolution relating to the City Selection Committee, and I believe that does bear on your discussions". (Explained same) Mayor Browne: We have applications here from three adjacent cities. Would the Council like to discuss these before we act on the resolution? Councilman Chappell: These are all qualified men. If I have the authority, I would like to recommend Charles Storing, a Councilman from the City of La Puente. He has been very active in League activities and within his own community. He does have the time to serve on this Board, which can meet as many as ten times a month. I know all of these men, and they are all capable in my mind of representing us, but I think Mr. Storing would do something that has not been done for a long time, and that is to keep us up.to date as to what is going on. • Councilman Tice: Can we expect any more applications in? Councilman Chappell: I would say we will not get any more in because voting takes place the first Thursday of August. So, if people are not out seeking nomination at this point, it is almost too late. Councilman Shearer: I would like to put in a plug for Mr. Perez from the City of South E1 Monte for two reasons.' Number 1, if we do not like what,he is doing, I see him just about every day, and I can do some first-hand lobbying. But, more importantly, one of his valuable assets to be on the Board for RTD," Mr. Perez rides the bus to work. I do not think there is a better way to observe the operation of the RTD than to ride the bus to work. Councilman Chappell: He does work for CALTRANS, is there any chance for conflict of interest on voting in that seat? Councilman Shearer: Mr. Perez, at my request, did check with • our legal staff to determine if there was any objection on their part, and they said no, providing, of course, that when there is a direct conflict (which arrives at times with any of us), he abstains from voting. The major portion of RTD business does not involve CALTRANS. 56 - .'� CITY COUNCIL Mayor's Reports July 12, 1976 Page Fifty-seven After some discussion on .the applicants, the Council concurred that they would like to talk with Mr. Storing and Mr. Perez personally. Motion made by Councilman Shearer, seconded by Councilman Chappell to hold this matter over until the next regular meeting of the Council . July 26, 1976, and to have Staff contact these two gentlemen and have them contact Councilmen Miller, Tice.and Mayor Browne for discussion. Motion carried. INDEPENDENT CITIES OF Motion made by Councilman Chappell, LOS ANGELES COUNTY seconded by Councilman Miller to NOMINATIONS receive and file. Motion carried. RESOLUTION NO. 5281 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING COUNCILMAN KENNETH I. CHAPPELL AS A MEMBER OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT'S CITY SELECTION COMMITTEE. Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of the resolution. Motion carried. • Motion made by Councilman Tice, seconded by Councilman Shearer to adopt Resolution No. 5281. Motion carried on roll call vote as follows: APPROVAL OF DEMANDS carried on roll call AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None_ ABSENT: None Motion made by Councilman Shearer, seconded by Councilman Tice to approve Demands totalling $561,342.58 as listed on Demand Sheets U.C.B. 56076 through 56285 and B Ak, Nos. 412 through 418. Motion vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None • ADJOURNMENT Motion made by Councilman Tice, seconded by Councilman Shearer to adjourn the meeting at 12:30 A.M. until Wednesday, .July 16, 1976 at 5:00 P.M. Motion carried. - 57 -