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06-22-1970 - Regular Meeting - Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JUNE 22, 1970. _f The regular meeting of the City Council was called td order at 7:35 P.M., by Mayor Ken Chappell in.the West Covina City.Hall. The Pledge of Allegiance was led by Councilman Russ Nichols-, and the invocation was given by Reverend Konrad Koosman of the Christ Lutheran Church. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Also Present:_ George Wakefield, City Attorney Lela Preston, City Clerk George Aiassa, City Manager Richard Munsell, Planning Director George Zimmerman, City Engineer William Vanettes, Communications Director Leonard Eliot, Controller . Ray Windsor, Administrative Assistant RossNammar,, Administrative Analyst Doug Dawson, Administrative Analyst Jim Butler, President ® W.C.C.E.A. APPROVAL OF MINUTES September 22, 1969 Minutes approved as submitted: Motion by Councilman Lloyd, seconded by Councilman Nichols, approv- ing minutes as submitted. Motion carried on roll call vote as follows: AYES. Councilmen Nichols, Lloyd, Mayor Chappell NOES: None ABSTAIN: Councilmen Shearer, Young ABSENT: None PRESENTATION, ' Resolutions of Commendation to Former Mayor Gleckman and Council® man Gillum Mayor Chappell read the Resolutions of Commendation and presented them to Leonard Gleckman and .Tom Gillum, personally thanking them fot their help in the affairs of the City and hoping their efforts would continue on behalf of the City. Leonard Gleckman:. Thank you very much. I did appreciate all the friends and the things I learned while serving this City and of course, service doesn't end with being.elected or not being elected. I think the City Council's present make-up will not only do as well a job as when Tom and I -were on the Council, but,as a citizen of the community I am looking for bigger and better things from this Council. Tom Gillum: I also extend my thanks:for the resolution, and again reaffirm my commitment to you gentlemen - and I think Leonard stated this, just because there was an election we haven't stopped serving the community. I again offer you my services and time in the growth and betterment of our City. Thank you. ROTARY CLUB = Galster Park Gift Mike Taylor, President of the Rotary Club' presented to the Mayor and City Councilmen, -"a check from the West Covina Rotary Club, which they REG..C.C. 6-22-70 Rotary Club Presentation - Cont°d. Page Two i4ould like used in behalf of Galster Wilderness Park and it is the intention of the Club in future years to help the City.in the development of this park, feeling that this is a great and wonderful service to the community. Mayor Chappell: Thank you, Mike - and fellow Rotarians _. for this generous contribution. This is a check for $500.00 and we certainly appre- ciate it and can use it. Thank you again. Councilman Young: A point of order - is a resolution required from the City Council accepting this gift? Mr. Wakefield: A formal.resolution is not required, but there should be a motion accepting the check and mentioning the proceeds used for the improvement of Galster Park Councilman Young: I will so move. Motion seconded by Councilman Lloyd, and carried. Councilman Nichols: It seems to me when an organization in the Community makes a.gift of funds in a signi- ficant amount, that wherever possible the use of those funds should be earmarked in such away' that,some specific acknowledgement could be rendered at an appropriate time with regard to the use of the funds. In light of that I would move that the Council direct the.staff to attempt to determine'w specific use of the funds so at a later time the Rotary Club may be notified of the particular use of the funds. Seconded by Councilman Young, and carried. Mayor Chappell: I hope the other service clubs will take note of this gift and try and at least match it, which will be quite a task, but I hope they will_ tA4.,,note of this at their meetings. AWARD OF BIDS LEGAL ADVERTISING FOR FISCAL YEAR 1970-1971 The City Clerk advised bids were received on June 17, 1970 at 10:00 AoM., and reviewed. Two'bids received as follows: The West Covina Tribune: (A weekly newspaper) $2.02 per column inch, 1st insertion; $1.88 per column inch, subsequent insertions. The San Gabriel Valley Daily Tribune. $3.68 per column inch, 1st insertion; $3.55 per column inch, subsequent insertions. _.Motion by Councilman Shearer, seconded by Councilman Lloyd, _... t0. award the contract for legal advertising for the fiscal yearLL 1970-1971 to the West Covina Tribune at $2.0.2 per column inch, lst insertion and $1.88 per column inch, subsequent insertions, and • authorize the Mayor and City Clerk to execute the contract. Motion carried on roll call vote. as follows. - AYES: Councilmen Shearer, Nichols, Young,'Lloyd, Mayor Chappell NOES: None ABSENT: None PUBLIC WORKS ITEMS PRECISE PLAN'NO. 502 LOCATION: 3041 E. Garvey Avenue - GRADING IMPROVEMENTS,., Charley Brown Restaurant J. K. Eichenbaum and Ben Weingart - 2 - REG..C.C. 6-22-70 Public Works Items (Item 1) Cont°do Page Three Motion by Councilman Shearer; seconded by Councilman Nichols, accept- ing grading improvements and authorizing release of General Insurance Company of America Bond No. 565747 in the amount of $11,000. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PROJECT NO. PB-6400 LOCATION: Civic Center REIMBURSEMENT AGREEMENT FOR Council reviewed -Engineer's report. CIVIC CENTER WATER LINE Mr® Aiassa: I might comment that this is an agreement that has been developed over a period of some years. It is actually an extension of a water main from Sunset to Service and was originally put in by the West Covina Hospital and the line has been enlarged and all participants joining pay their pro -rated costa We are just now paying our pro -rated cost and there is an agreement on file with the City authorizing us to do this. Mr. Zimmerman: I might explain this is the lire serving the new city facilities including the Police Building. It is a 1211water main and runs through the city property. This construction was authorized by a competitive bid in 1967. Councilman Shearer: I take it from the report submitted that Suburban -is going to pay us and then it is going to become theirs? 'I am a little con- fused in reading the report. Mr. Zimmerman: This is in accord with the requirements of the PUC, rule 15. In effect, the City has installed the water line by contract toi specifications andplans of the Suburban Water Systems. It will then be turning it over to the Suburban Water Systems and they will pay the City back in equal installments over a 20 year period from the income derived from the service of that water line. If there is.any unsaid balance at the end of 20 years they will make the unpaid portion in 5 equal installments, making a total pay off in 25 years. Councilman Young: Does the City receive interest? Mr. Zimmerman: To my knowledge there is no interest rate on that under the P UC regulationso Mr:._Aiassa: I might also state there is the possibility that the City may not be totally reimbursed because the only way the City can get it is if the line is used to its maximum and as long as. a party does not connect to the line he is not subject to this commitmento- This is one way certain major line installations were permitted to be made by a major company that was at the end of the line and getting some remuneration back for the tentative line he constructed at his expense. Motion by Councilman Nichols, seconded by Councilman Shearer, authoriz- ing the payment of $3,818- from-Projert.PB 6400 to Suburban Water Systems; andd6pteso.lit.ticxn-authwrzzang - the. ,.Mayer ".arid City Clerk to execute a reimbursement agreement with SuburbanWaterSystems for a Civic Center waterline and execute a bill of sale for the said water line in place upon receipt of a properly executed agreement from Suburban Water Systems. RESOLUTION NO. 4169 The City Clerk presented: ADOPTED 01A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF WEST CO.VINA, _AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REIMBURSEMENT AGREE- MENT WITH SUBURBAN WATER SYSTEMS FOR CIVIC CENTER WATER LINE (PB 6400) ® 3 - REG..C*.C. 6-22-70 Page Four Public Works Items (Item 2) Cont°d. AND TO EXECUTE A BILL OF SALE FOR THE SAID WATER LINE IN PLACE UPON RECEIPT OF A PROPERLY EXECUTED AGREEMENT FROM SUBURBAN WATER SYSTEMS." Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Motion carried on roll call vote as follows:,. AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PROJECT NO. TS-70019 UNDERGROUND INSTALLATION OF TRAFFIC SIGNAL CONTROLS (HELD -OVER) LOCATION: Northeast corner of Vincent Avenue and Center Street. Council reviewed Engineer's report. Mr. Zimmerman: The only comment I might make in addition _ to the report submitted is that this is an installation of the undergrounding of the signal controls at the Home Savings & Loan Building, which that Company will participate in and has requested. It is the only such installation in Southern California that we know of. It is a "first". Councilman Young: I have two questions. I take it these cost estimates are based on reviews with con- tractors that might perform this installa- tion? (Answer: Yes, that is correct) And secondly, this is specific that Home Savings will contribute $.1600.. or will they contribute one half of the total cost?. Mr. Zimmerman: They agreed to contribute $1600.00, Councilman Shearer: At the time this was brought up was the indication on the part of Home Savings that they would participate at 50% at the time; - the estimated cost was $3200.. or they would only participate at $1600.? I know that generally estimates have a habit of growing and generally the commitment on the part of the participant is to pay 50/ regardless of the final cost. What was the understanding between the City and Home Savings? I take it..thatit was instigated by Home Savings and not by the City. Mr. Zimmerman: The letter from Home Savings & Loan indicated that $1600- would be their contribution to the City based at that time on the cost estimate of $3200. that we assumed was final. However, since that time there was the installing of some additional things, namely a concrete sidewalk which we had not anticipated in our original estimate, also some additional ventilation facilities were found to be required and that is the reason the final estimate is somewhat higher than the original estimate. Councilman Shearer: Has Home Savings been contacted with regard to the higher estimate to determine if they would participate at 50%? We have a lot of controller boxes throughout the City that we might be getting requests for participation which would amount t® quite a bit of funds. Mr. Zimmerman: No they have not been contacted by the staff regarding a higher contribution. Mayor Chappell: I believe City Council -will ask that you, make this contact and see if 'you. can come up with more participation of the costa Councilman Young: In that event would a motion to hold this to the next regular meeting be -in order? Mayor Chappell: Would that hold up anything, Mr. Wakefield? Mr.. Wakefield: Not as far as I am concerned. - 4 • • Ll REG. C.C. 6-22-70 Page Five Public Works Items (Item 3) Cont°do Mr. Zimmerman: It would merely delay the construction which would commence 3. weeks later. Councilman Nichols: I wonder how marry installations involving underground control equipment exist in the City at the present time`. Mr. Zimmerman: If the City were to follow this policy there are approximately 40 that the City owns entirely and then there are another 6 or 8 which the City owns jointly with the County. etc. This is the first such installation. Mr. Aiassa: As Council remembers we made a request ". for 5 additional fewt on the widening of Vincent Avenue. At that time Home Savings was reluctant to give us the 51 and the reason was that this unit which was on the sidewalk was going to stay on the sidewalk and it is 'in the intersection of the sidewalk. At that time they felt not .only did they give up this land but also tb&.t- they would be willing to spend money if the City would join to reduce this hazard and put it underground. When we talked about this.it was in 1968 or 1969 and at that time we only had some basic preliminary figures and at that time when we were negotiating for .the right-of-way they were willing to go to this amount and we figured it wouldn't be over $3200 or $3300. Of course prices have gone up since that time but then we thought this was a firm estimate and the delay has raised the price but we were not ready at that time to participate with our share and now we do have the.funds available. We will have a meeting with them but I think theywill reiterate some of the past history. :We will bring a._report back to you, but I did'want Council to know the background on this and that Home Savings were rather reluctant to give up the 51 because no one else had done this and they were the first to move. Also they helped.us with an extra lane :there four or five years ago and we kept moving the street closer to this control box until now it is practically sitting on the curb, and that is why we have this problem. We could move it to the other side of the street but in another couple of years from now we will be faced with this problem again. Councilman Shearer: But this proposed action was something initiated by Home Savings, not something the City would have done? Mr. Aiassa: We initiated it with Home Savings,` I can't =. say it was.all Home Savings initiation. The only condition they made was that they wanted the area cleared and wanted certain conditions stipulated with their giving the land - that we would work with them in lowering the unit box ,because when we took the 51 we moved closer to their sidewalk area and they were limited in their area of construction and they had to shift ;their whole building over to accommodate us with the 51 for street widening'. Councilman Young: Mr. Zimmerman: Mr. Aiassa: attacks and is in the back on the job. Councilman Young: What has been the most 'recent contact_ with Home Savings with respect to this? About 3 months ago - when we received the letter, (City Manager agreed) We also have another handicap - Mr, Leonard Lockhart who has been communi- cating with use has had two serious heart hospital and we may have to wait until he is At this most recent contact was there reiteration of Home Savings participation up to but not exceeding $1600,? - 5 - REG..C..C. 6-22-70 Public Works Items (Item 3) Cont°d. Page Six • 0 Mro Zimmerman: This was in a conversation with a gentleman substituting for Mro ' Lockhart and he had very little background on it and we told him our estimate was $3200.. and that Home Savings, had agreed to pay half of it and then he wrote us the letter stating they would contribute $1600,, based on that being half of the estimate at that time. This was taken to'be a firm cost commitment. Motion -by -Councilman Shearer, seconded by Councilman Young, and carried, that this matter be held over to the next regular meeting of City Council, and instructing staff. to contact Home Savings & Loan with the latest firm estimate to determine what their willing- ness to participate would be. PROJECT NO. SP-70020 LOCATION: Intersection of Vincent WINCHELL DONUT HOUSE, INC. and Glendora Avenues. (APPROVED) Council reviewed Engineer's report. Councilman Shearer: Mr. Mayor - maybe this is standard procedure, but the thing that disturbs me here is we are going ahead with an unbudgeted project. We are authorizing the calling of bids on a project that we will not consider in our budget until perhaps next month and.I am wondering if that is wise, because one of us may prefer something else be considered in our Capital Improvements project budget. Mr. Aiassa: I believe this,is a Gas Tax project. Mr. Zimmerman: Yes/ it was a proposed one. The feeling of staff was in order to meet the time require- ment of Winchell°s Donut House - they advised they would like to be open by the first of October - that we should call for bids at this time and then decide whether or not the actual work should proceed. This would just be calling for bids and the actual firming up will not transpire until Council awards the contract. Councilman Shearer: Is the City Manager in a position to indicate that this will be a high enough priority to use Gas Tax money? Mr. Aiassa: Yes, we have earmarked this as one of the majors. Motion by Councilman Shearer, seconded by Councilman Nichols, and carried, approving the plans and specifications for City Project SP-70020 and authorizing the City Engineer to call for bids. WEED ABATEMENT CONTRACT LOCATION: Various throughout the EXTENSION 1970-71 City. Council reviewed Engineer's report. Councilman Young: A question of the City Attorney. Is this type contract a matter that would be more properly put out 6K- cdkp ,titive..:bids? Mr. Wakefield.: The contract in question was awarded on the basis of competitive bids last year and the contract itself contained an option on the part of the City to.extend it.for•one year on the original bid price. So the matter is such that Council can determine whether or not you wish to extend the contract or advertise for bids for this coming year.: Councilman Young: Based on this statement I will make a motion that City Council authorize the City 6 - REG. C.C. 6-22-70 Public Works Items (Item 5) Cont°d. Page Seven Engineer to extend the 1969-70 Weed Abatement Program for one year for Ed Watts (Proposal "A"), and Ron Richardson (Proposal "BB"), at .unit prices as specified under the 1969-70 weed abatement contract. Motion seconded by Councilman Nichols, and carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None RESOLUTION NO. 4170 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING THE GRANT DEED EXECUTED BY WELLS FARGO BANK FOR STREET AND HIGHWAY PURPOSES AND DIRECTING THE RECORDATION THEREOF. (Precise Plan No. 588).11 Mayor Chappell: Hearing no objections, waive further read- ing of the .body of said Resolution. Motion by Councilman Shearer, seconded- by Councilman Young, t.o,adopt; said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES,. None ABSENT: None RESOLUTION.NO. 4171 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT DEED EXECUTED BY JAMES E. MYERS, JR., AND BEVERLY JOYCE MYERS, FOR STREET AND HIGHWAY PURPOSES AND DIRECTING THE RECORDATION THEREOF. (Parcel Map 1696)." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said.Resolution. Motion by Councilman Shearer, seconded by Councilman Young, t..o.,:a,d6pt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PLANNING COMMISSION Review Action of June 10 Items of action individually and June 17, 1970 cons -tiered by Council'. Councilman Young: I noticed there was a recommendation by staff against the adoption of the Model Home Marketing Complex - is that correct? Mr. Munsell: That is correct. The.Model Home Marketing Complex as submitted by the applicant left some information to be desired as to whether the lots presented in the Model Home:Complex urere typical of what was being presented,.in-the subdivision. In the initial three meetings the developer failed to give any information- indicating it was -a substantially typical development. With the subsequent staff report of denial being sent to the applicant he then made a very fine presentation at the Planning Commission and indicated there were adequate safeguards in terms of topographic models and precise architectural drawings so anyone seeking to purchase the structures would have this information presented to them, as well assome modifications as to yard areas. Based on this,.after some,discussion between staff and the applicant, the Planning Commission approved .the application subject to -the changes made in terms of yard width. Councilman Young: Then the developer did make certain adjustments in his plan for the Model Home 'Marketing Complex as to the lot sizes • REG. C.C. 6-22-70 Page Eight Planning Commission (Item 1) Cont°do being more representative sizes? Mr. Munsell: That is correct. He reduced one or two of the lots to a representative size and gave indication to the Commission, and as part of the conditions, that certain topographic models would be available of the entire tract and for the observation of the buying public. Councilman Young: Are these scale models or what? Mr. Munsell: The developer will have *a scale model of the total subdivision which will be' in a relief type model with indications of the topographic variations and for each lot he will have architectural drawings -showing the pad size and the Commission indicated they want all slopes shaded so when someone comes in to buy he will.know exactly how 4ide-`.the lot is with regard to the size of the house. The total sales package with some modifications to the existing complex appeared to be adequate representation. Councilman Young: Is it a fair summary to say then that the staff and the.developer, each compromised in certain respects as to their initial positions in the matter? Mr. Munsell: The staff felt, after the presentation and certain conditions were added, that approval was justified. Councilman Young: I guess the original concern must have been made -°with reference to a possible misrepresentation.... Mr. Munsell: Staff was not attempting to point a finger at the developer, however, the code does indicate that the Model Complex must be representative and staff approached the developer that the lot size did not appear to be representative�primaril.y, because the typical pad size approved was substantially somewhat less than the lot size represented. It was represented to us by the developer at that time that there will be many lots that will exceed these lots within the development. (Explained further) The developer after talking to his people indicated they felt they had a reasonable marketing complex and would come to the Commission with their feelings. This didn't give.us justification to recommend approval so we had no alternative but to recommend denial. Based on the staff report which the developer received prior to the meeting)in his presentation to the Commission he attempted to determine what . would be a more acceptable situation and at,the hearing made a presentation as to .the total Marketing Complex as it will be available in the offices of the Complex. Councilman Young: Mr. Mayor - I have one more question regarding Item 4 — Unclassified .Use.Permit. No. 157. Was there any significant opposition to this particular request for the .corf ftfuction of -the water reservoir? Mr.. Munsell: There was no one present to make a --- comment other than the representative from Umark. Motion'by Councilman Shearer, seconded by Councilman Nichols, and carried, to accept and file the Planning Commission action of June 10, 19.70. Councilman Shearer: Item 2 of the June 17th action regarding the Unclassified Use Permit - due to the fact I was out of town I was unable to REG,.C.C. 6-22-70. Page Nine Planning Commission -(Item 1) Cont°do review this.location in .the field and we are going to be reviewing the Zone Change anyway so I would like to include in that the consideration of the Unclassified Use Permit.for the gas station. I would move to call that item up before Council. Seconded by Councilman Lloyd, and carried. Motion:by Councilman Nichols, seconded by Councilman Lloyd, and carried, that the Planning Commission bulletin of its action of June 17, 1970, be received, and filed. Mayor. Chappell: I would like to comment - let's congratulate the new Chairman of the Planning Commission - Verne Cox, and Vice -Chairman Nevin Browne, and the secretary is still Mr.. Munsell. Congratulations9 TENTATIVE TRACT NO. 19665 (Marga'ret Hill) APPROVED into six (6) lots in the R-A Zone, Planning Commission Resolution No. LOCATION: At extension of Sunset Hill Drive 200 feet east of Manington Place. REQUEST: Subdivision of 2.56 acres Area District III. Approved by 2260. (Mr. Munsell, Planning Director, summarized Resolution No. 2260; slides shown and explained.) Councilman Young: The staff position then is.that essentially even though you consider that area to the • northeast which may eventually develop, that. it won't be necessary to extend this street and access will be available? Mr.-Munsell: That is'correcto Sunset Hill Drive would probably be very difficult to connect to the ' ' east.. (Explained in further detail) We have checked with the Fire Department and they feel the resulting cul de sac would not`be a detrimental problem in this particular area° Motion by Councilman Shearer, seconded by Councilman Nichols, and carried, -approving Tentative Tract No. 19665 - Margaret Hill, subject to the conditions contained in the Planning Commission Resolution No. 2260. TENTATIVE TRACT' NO. 'a090"3 LOCATION: At southerly extension (Revised) (Lloyd Moen Consto). of Leaf Avenue south of Sunset APPROVED Hill Drive. REQUEST: Subdivision of a-4.o7 acre parcel into twenty (20) lots in the R-A zone, Area District I. Recommended by Planning Commission 0o Resolution No2`256 1 : (Mr. Munsell, Planning Director, briefly summarized Res.alution No. 2256, slides shown and explained..) Councilman Nichols: Mr. Munsell, why in the procedural manner, was the applicant not required to apply for change of zone prior to the. approval of the Tentative Tract Map? Mr. Munsell: The single family house may be..developed as to subdivision in!the R-A zone, and the approval of this map, if the City Council should make it a resolution as the Planning Commission has, would require that he file for this application prior to it becoming effective. In other words if .the City Council -should approve it and make that a condition of approval and he should default in making application then this map would not.become effective, that is one of the conditions. In this way we,carry it as a package. 9 - REG..,CoC. 6-22-70 page Ten Planning Commission (Item 3) Cont°do Councilman Nichols: The only other thought I have is that the great dream of West Covina is West Covina Parkway and the extension of that alignment is one we are p'`'epared to improve with about two or three hundred thousand dollars wworth of improvements which ultimately will cost the.City.right in the pocketbook - if the dream is implemented.- Bu"-t, again,.. we are caught in the position of not being able to put our money -where our dreams are_ and cannot really require a property owner to have his land lay fallow for ten to ,twenty "year's, or whatever length of time. This again is that very costly thing that strikes when we don°t,have the wherewithal to impleme nt'our aspirations for the City.. It is very unfortunate but I personally don°t see that we have any other choice but to approve -this plan for the property. One further question - is Area District I in the properties on all sides of this parcel? Mr. Munsell: Yes - that is correct. Councilman Shearer: I see a number of trees on the Tentative Tract - these are to remain? Mr, Munsell: Yes_,the applicant, much to the pleasure of the staff at least, has on his own 2ttempt- ed to develop the property using the existing trees. So as you saw on the slides he is saving the trees and has located the:structures.in:,such a way as to save all the trees, and he has also discussed with the Engineering Department the possibility of leaving that one tree in the center of the cul de • sac., The Engineering'Departmen.t has indicated that we may be able to accommodate that tree with the appropriate design of the cul de sac. Councilman Shearer: What is the City°s liability regarding a tree in the center of the public street? I personally would object to it. Mr. Wakefield: I think the existence of the tree imposes no added liability on the City. The fact f that there is a tree there is self -apparent, so long as it/does not actually obstruct the traffic at the end of the cul de sac, I think it is the normal kind of obstruction that the motorist would be accustomed to avoiding. Councilman Shearer: I hate to disagree with the City Attorney, but I don't think the average motorist is used to or expects trees growing in the middle of the public, streets. I don't think this is the type of obstruction the motorist is used to. The City of Ojai lhas a number of trees growing out of their streets and this causes a number of problems. .Once the tree is there and you`try to get it out afterwards you get all types of protests. I would like the City staff to take a long hard look before they allow a tree growing out of one of our streets. I assume that tree is not part of the approval of the.tract map is that correct? (Answer: That is correct, it is not.) Mr. Aiassa: Mayor Chappell: Perhaps if City Council wants, we might have the Traffic Committee review this and they can check with other cities, Yes, this should be checked prior to the installation of the road. Motion by Councilman Lloyd, seconded by Councilman Young, and carried, that Tentative Tract No. 30903 (Revised) for the extehsion of Leaf Avenue south of -Sunset Hill Drive be approved. - 10 - REG..C..C. 6-`22-70 Page Eleven Planning Commission .(Item 4) Cont°do 4) PRECISE STREET ALIGNMENT LOCATION., Amar Road from Azusa AMAR RD..& HOLLENBECK ST. Avenue to Nogales Street,- and Hollenbeck Street from Amar Road to the north boundary of Umark property. Mr. Munsell: The City Engineer made the presentatkn to the Planning Commission on the" precise street alignment of Amar Road and Hollenbeck Street. (Slides Shown:`_:`and'-expla nedm) . Tl e`i Planning Commission re- viewed the City Engineer's report and made a finding that the. Precise Alignment of Amar Road is substantially in conformance with what was,intended by the General Plan and close enough to the County°s Master Plan alignment and does agree with the Planned. Community, Development Plan approved both by the Commission and Council. In reviewing the small stub of Hollenbeck extending from Amar Road to the northerly boundary the Planning Commission found that this stub street is substantially in conformance as'to align- ment, however, concern was expressed in that the recently adopted Master Plan of Streets calls for a substantially larger street right- of-way than'the .60' proposed. During all of the hearings we have had on the-Umark-.property it was indicated that recent engineering studies have showft that the 1001 right-of=way would be difficult to put through the mountains because of engineering problems, slopes, etc., and at this time it would be better, if acceptable, to put in a.601 width and at a future date widen it or go to a parallel street. The Commission indicated that since the intent of the developer is to put the 60.1.through, it would be,appropriate at this time to!amend the Master Plan of Streets,to reflect the 601 right-of-way and the • new engineering findingsjso we would not have something that is in conflict with an approved'pian. As a consequence,to assist the developer who is currently attempting.to put in his seven million' gallon reservoi water line, the. -Planning Commission approved the center lineooenbeck and has instructed the Engineering , staff to comeback with the studies necessary to amend the Master Plan of - Streets should this be necessary to conform with the new'findingso Mr. Zimmerman: A report has been given to the City Council from the Engineering Department and if there are any questions we will be glad to answer them. Councilman Young: Mr. Mayor - we are talking about amending a Master Plan that has been adopted for this particular area of the Umark development - is that correct? Mr. Zimmerman: The Master Plan referred to by Mr. Munsell was the Master Plan of Streets which is just one step of a four -step program,to finalize the construction of streets and their locations, which starts with the City°s General Plan, and again, the Master Plan of Streets is a further precising of the General Plan locations and widths and this is normally followed in our four -step program with a precise street plan giving the exact location and width of streets, followed by the construction drawing; and right-of-way drawing:- The Master Plan of Streets is the Step 2 of a four -step program leading ultimately to the con- struction of a street. Mayor Chappell: Is it your opinion that the'601 width is practical and the 1001 is not in this area? Mr. Zimmerman: The 801 originally shown on the Master Plan was based on a study by Peat, Marwick,Livingston which showed some twelve to fifteen thousand traffic in 1990; In this area we found in order to get a satisfactory grade: and avoid what we believed to be some poor materials from the REG. Co Co 6-22-70 Page Twelve Planning Commission (Item'4) Cont°do geologists standpoint, we had to vary the alignment from the direct alignment as shown on the drawing given to you.' We believe this will likely result in a''. need in 1990 which can be handled by the two --lane street. Councilman Nichols: There is no way in which it can be "brought in in a more direct alignment? Mr. Zimmerman: We believe it would result in excessively steep grades and problems with poor material from a landslide point of view. The place where Hollenbeck-crests out just west of Galster Park.is approximately 150, lower than it would be on a direct alignment and,by connecting at that point, we.can make a much better grade and go through territories which appear to be less subject to slides, etc. Councilman Nichols: One of the Virtues.. we discussed was to provide a direct route north to south through the City and I feel this _.'type_'..*. of the extension is functionally no.extension at all. It will result N� in not being: considered an -,.alternate direct route southerly'and I am 'sorry it has to dog --leg along Maplegrove for a considerable distance before continuing south. I would almost rather see it somewhat, rather than make these abrupt changes in alignment and following different streets. Mayor Chappell: It certainly will make it difficult for NV the motorist looking for Hollenbeck and • finding himself on Maplegroveo Mr, Zimmerman: I might just mention that portion of the route,is not recommended for approval at this time and is under study. We do appreciate the comments made in that regard. The portion the Planning Commission recommended for approval is a relatively short distance from Amar Road to the northerly boundary of the Umark property, shown in solid red on the slide. Councilman Shearer: Mr. Zimmerman: the minutes of the Mr. Munsell: Is it correct that we are not voting on the street width,and a'further report will be made? That is correct. There will be a further' report made to the Planning Commission and their action will come before the Council in Planning Commission meeting. to that street width. It would take a public hearing by both the Planning Commission and the City Council to adjust the Master Plan of Highways as Motion by Councilman Young, seconded by Councilman Shearer, and carried, to-approve`,th-e precise street alignment for Hollenbeck Street from Amar Road to -the northerly boundary of the.UMARK. property and to -approve the precise street alignment for Amar Road from Azusa Avenue to'Nogales Street. THE CHAIR CALLED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9010 P.M. PERSONNEL BOARD Minutes of May 5, 1970 Motion made by Councilman Nichols and May i29 1970 and seconded by Councilman Lloyd, that City Council receive and approve the minutes of the regular meeting of the Personnel Board dated May 5, 1970. Motion carried.-- - 12 - REG. C.C. 6-22-70 Page Thirteen Personnel Board (Item l) Cont°do Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, that Council receive and approve the minutes of the adjourned regular meeting of the Personnel Board dated May 12, 1970. Senior Account Clerk:Salary Level Motion by Councilman Nichols, seconded by Councilman Lloyd, that the City'Council approve the recommendation relat iv& :..t'o,-'the 'Senior Account Clerks, -,'and 'the! Building Regu- t10ns :.C1e_ rkat. 'r'afiges 20A as recom'mea 'ded by, Salary Cons.u�lt.ant, Councilman Young: I noticed in the minutes that,two commissioners disagreed with the recommendation and I wonder if there is any s.igni.f icance: to that Councilman Nichols: As the present Council representative to the Personnel Board)I would only add in general terms) that this has been an area of.controversy within the city staff and to some extent on the Personnel.Board for quite a period of time, and there has been significant lobbying on the part of employee groups who have a particular interest in these recommendations. The consultant has reviewed andre-:reviewed these areas and made the recommendations, and the vote -wars based upon the various commission members response.. to both the recommendations of the consultant and the prgtesta- ._ tions of various employee groups. Motion.carried on roll call vote as follows: • AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor -Chappell NOES: None ABSENT: None Accountant Classification and Salary Motion by Councilman Nichols, seconded by Councilman Lloyd,to ,-appprove'; the Accountant Salary .Range 26.a :. stated and as recommended unanimously by the Personnel Board. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: .None ABSENT: None Fire Department Work Week Schedule Councilman Nichols: The City Council has had the opportunity to review this matter during the budget study sessions, and therefore we are familiar with it,,and so I would move to approve the Fire Department, Work Week as recommended in the femo -anduaa o•f Uriderst-andirig dated' June 1.2a 1970. Seconded by Councilman Lloyd. Mr. Wakefield: Mr. Mayor and Councilmen, a resolution - will be required to actually approve the change in the existing provisions. RESOLUTION NO. 4172 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,• ESTABLISHING THE HOURS OF WORK FOR FIRE 'DEPARTMENT EMPLOYEES AND. AMENDING RESOLUTION NO. 1277 ACCORDINGLY.°° Mayor Chappell: Hearing no objections, waive further read- ing, of the body of said Resolution. 13 - REG. C.C. 6-22-70 Page Fourteen Personnel Board (Item 4) Cont°d Moved for adoption by'Councilman Shearer, seconded by Councilman Lloyd. Councilman Young: We had a'motion on the floor, is that a substitute motion? or Mr. Windsor: This is two parts; one is the Memorandum of Understanding setting thepolicy and the other is the Resolution which sets the work week for this period. Councilman Nichols: My,, -motion was on the Memorandum of Understanding setting the policy for the next three years. Mr. Wakefield: I think it is appropriate to consider City Attorney first the policy recommendations and then if,it was approved then adopt the Resolution. Councilman Young: I agree wholeheartedly with the policy considerations and all of the discussions that have gone into it; I have read the minutes and I am conversant with this problem being a former member of the Personnel.Board, but I don't understand the point of the City Council committing ourselves for 3 years into the future. I can see adopting the. first step,. of; this proposal.. • As..f,ar-as the Council making a commitment, I can`:see there are twa problems here one major problem is the one between City management and the • Employees' Association, and that's fine and it is up to the Employees' Association and management to present it to the Council on a year -to year -basis. I am open on that. I am certainly no expert in the field of -labor-management. Mr. •Aiassa: I think the Memorandum of Understanding as it is outlined to Council is what the future prospect will be in the negotiation of the working hours of the three --platoon system. This memorandum, even if you adopted it, will not per se commit Council except for this fiscal year. The Memorandum itself says the negotiations will be open at the next fiscal year period. At that time the Council will have the right to review and accept any proposal coming forth. All`we�are providing with this Memorandum,is to give you a outline of what is anticipated and to act as a guide in case I leave or another City Manager comes - there will be some ..-precedents f i led with regard to this. Your own commitments as a Council will be for this, fiscal year only and this budget period and this is done.by Resolution. Councilman Young:, I think that the record:spe.aks for itself. No matter who the City Manager might be, or Council, or Fire Department personnelf I still personally prefer to accept for the current year what is current and,at least at the Council level,leave it open_. We know what is coming, it is here and on the record. That is the way I feel about it. Councilman Nichols: I think both points of view are entirely valid. I could probably accept Council- man Young's point of view as well as my own. However, there have been a number of times where Council has in fact established policies and indicated its intent to follow through over a period of years. The sidewalk program was a commitment of some thousands 3' of dollas a'year-and one example of where we said we would .spend so much this year and will try to in succeeding years. On the other hand I think sometimes.we do tend to bind ourselves or set up these psychological barriers to a reversal of position. I would have to agree with him, because it is somewhat the position I took earlier when the Council made the statement of intent on 14 m REG. C.C. 6-22-70 Personnel Board (Item 4) Cont°do Page Fifteen - the salary situation and I didn't even want to bind us for three -months in advance. I am prepared to vote on the issue with the understand ihg . that the.. oppos it i©n expressed here is very valid. Mr. Aiassa: Mr. Mayor - why donut we make this that the Council accept the staff and Personnel. Board recommendaticns and then to implement the program adopt the Resolution and the balance you are not really taking action on because it ha's to be followed up. It is more of a receive and file item. Councilman Nichols: With the permission of the second, I will withdraw my motion. Councilman,Lloyd agreed. Councilman Nichols: Council'has received and approved the minutes of the. Per sonznneI_Board, so all we need to do is indicate action on the first -phase of that and I think we are doing that through budgetary action. 'So it seems to me we don't need.to take any further action other than vote on the Resolution. Councilman.Young: I would like the record to clearly indicate absolutely no unfriendliness on my part on this Memorandum of Understand- ing between management and the Fire Department. cal Motion..adopting Resolutiori' carried '.on. roll'. all vote.�_as ..fo.11ows :.__. _ ._ AYES: -Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None 5) Adoption of Salary and'Health Insurance Proposals Mr. Windsor: Mr. Mayor - we arealso on this item asking that you adopt the Memorandum of Understanding regarding the salary proposal and',the health insurance benefit and also a third item which appears on the proposal is for a further study in November of this year. We Have resolutions which, we can adopt tonight for the salary and health plans -but the only way we can have this further study for salary placement is through adopting the Memorandum of Understanding, or a separate move... Councilman Nichols: I don't feel there would be any point of our adopting the Memorandum of Understand- ing per se because all the Council action this evening will supporting,that, so I would offer a separate motion that the Council authorize an additional study be made in November.of 1970 as recommended in the Memorandum of Under- standing dated May 11, 1970. Seconded by Councilman Young. Councilman Shearer: That.motion is merely to make the study because the Memorandum of Understanding recommendation also states that certain things will happen as a result of that study. Mr. Aiassa: I think it should be included that no class or range will drop below the fourth class. This is our stipulation when we had our meetings and this is what we will use for our analysis. - 15 - REG. C.C. 6-22-70 Page Sixteen Personnel Board (Item 5) Cont'd. Councilman Young: This is an agreement between the City Man- agement, the. Personnel Board, and the City employees? Mr. Aiassa: Yes, and I assume the Council will concur. City Manager Councilman Shearer: My feelings on that are much the same as expressed by Councilman Young, I may be in support of the higher salary come January 1,: ': if the survey shows higher salaries are warranted) but I don't feel in June I can commit myself or the City to guaranteeing a certain unknown increase. We may be broke then. Mr. Aiassa: No, the only thing we are agreeing and _. I think it was agreeable with the Associa- tion and the staff - if the ten cities adopted by Council for comparative purposes make big..'dr-,.st ic- changes in salaries> between now and November, that we re .evaluate the bench - positions that we now rank about third and at no time will any bench. positions. drop below the fourth place and if they do a firm recommendation will be made to Council that these classifi- cations be raised® It will be done on a survey and a detail report will be submitted, so you will not commit yourself only to the fact that we will make a survey and will make a report and will consider the raise. You are not committing yourself or guaranteeing that everybody is going to get a 10/ raise. Councilman -Shearer: If that is the intent of the motion then I will support that. Motion carried on roll call vote as follows, AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None RESOLUTION NO. 4173 The City Attorney presented: ADOPTED ".A RESOLUTION OF .THE -CITY COUNCIL OF THE .CITY, OF WEST COVINA AMENDING CERTAIN PROVISIONSOF RESOLUTION NO. 1277 RELATING TO' AUTHORIZED POSITIONS AND.SALARIES.°' Mayor'Chappell: Hearing no objections, waive further read- ind of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to._ad®pt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols,; Young, Lloyd, Mayor Chappell NOES: None ABSENT: None RESOLUTION NO. 4174 The City Attorney presented: ADOPTED "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 2877 RELATING TO THE CONTRIBUTION BY THE CITY TO EMPLOYEE HEALTH BENEFIT PLANS." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to.ad®pt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ORAL COMMUNICATIONS None. - 16 - REG. C.C. 6-22-70 Written Communications Page Seventeen a) Dr. Norman G. Snyder San Gabriel Valley "Hot Line" Committee r Councilman Nichols: We have a recommendation to refer this to staff with a request by the representa- tives of "Hot Line" for $100, a month for a 12-month period. I suppose it is like being against motherhood to make any comment that would be in anyway critical, but I believe at the conclusion of this pilot period of time that the Councils that are supporting this. activity should receive some sort of indi- cation of the effectiveness and use of this program, more than just the mechanical data of the number of telephone calls received and how the funds are expended. We are told the:answering service is now receiving some 300 calls a,weekm Of course, if these calls are from people within the area we are supporting,and if these calls are of a nature that substantial help is being rendered;then we can say truthfully our dollars are being well expended and providing an exceptionally fine service. I, of course, believe this to be true but I have no data whatsoever to indicate the nature of the calls or any follow-up activities that have been engaged in, or any worthwhile results of any of the telephone calls at all. I believe' in referring this to staff' the Council should direct staff to request of the "Hot Line" people some specific information in' the terms of what has been accomplished. Councilman Young: Mr. Mayor m I intend to make a motion referring to staff, but before doing so I would comment in concurring and in part dissenting with Councilman Nichols. I think this area - in the way the"Hot Line" has been presented - that we should not expect too much in the field of a definitive statistical specific report on • results, because we are in such a -broad area of, human activetr' ies here and human -problems.' I think many of the recommendations in the Mayor's Narcotics Advisory report —if we carry them out - we will never know the ful-1-effectivenesso -We--know wen, ar-.,e,y making the effort and perhaps in years -from now we might see some statistics on results. I agree if there are some definitive results available fine, but we should not expect too much. Motion by Councilman Young that this matter be referred to staff. Seconded by Councilman iSlieower and carried. Mayor Chappell: Mr*. Ai.assa you- ,might ---ask Mrs - -Reynolds with regard to this -matter. . .She _.appeared before the Covina City Council with some information for them and -she might do the .same for us, citing some examples, etc, Councilman Nichols: I am sure she would have some examples and that is all I really want. I certainly concur with Councilman Young's remarks.. b) West Covina Plaza Merchants Association Request Resolution authorizing Police Dept. to enforce California Vehicle Code Councilman Young: I take it that reviewing this Vehicle Code reference, that this will be referred to the Police Department for the drafting of an Ordinance. Apparently this is a new piece of legislation - is that right Mr. City Attorney? Mr. Wakefield: Yes. This simply enables the City to make the provisions of the vehicle code apply to private property. Councilman Young: What do they do - define other sections of the vehicle code and say these apply here too�or do they draft an Ordinance for this particular piece of property. ® 17 - REG. C.C. 6-2.2-70 Page Eighteen Written Communications (Item b) Cont°do Mr. Wakefield: It would be an ordinance for this parcel - of property. Councilman Young: Then would this be a proper reference to the Police Department for the drafting of an ordinance, wouldn't that be more appropriately referred to the Traffic Committee? Mr. Aiassa: The Chief of Police is the Chairman of the Traffic Committee - so it could be referred to both. Councilman Young: I make that motion that it be referred to the Police Department and the Traffic Committee for an appropriate ordinance. Seconded by Councilman Lloyd. Councilman. Nichols: I would hope that in the discussion at the Traffic Committee level that the implica- tions of this action in terms of other large,privately-held commercial properties in the City,-"--:-- would be reviewed also. I would have some skepticism about beginning to enforce in one area and not in another. I think you would then begin to run into significant problems. I would hope that this problem would be treated geographically beyond one shopping center. Mr. Aiassa: I think that if the Council would so phrase its motion that the Traffic • Committee review this matter as it applies over other shopping centers in the City,and when they propose an Ordinance that it be one that can be used throughout the City uniformly, Councilman Young: I would further move that the City Manager °•.s recommendations,---be.._-ad•op,ted as the policy for the Traffic Committee and the Police Department. Seconded.by Councilman Nichols. ;.. Mayor Chappell: N w ay w have the vote on the -second portion ,o tie mo ion. (Motion carried; all in favor, Now we -will vote". -on the- or gi-.al.c;mot ion: Mot ion -carried;, all; in favQr�o c) California Division of Highways - Classification of all Hiahways. Roads and Streets needed by 1990 Motion by Councilman Nichols, seconded by Councilman Young, referring this item to staff. Motion carried. d) Public Utilities Commission Location of New Electric Generatina Plants. etc. in California Motion by Councilman Young, seconded by Councilman Nichols, and carried, referring to staff. e) City of Signal Hill - re Senate Bills 966 and 967 - Oil Leases Motion by Councilman Young, seconded by Councilman Nichols, and carried, referring to City Attorney and staff. • • REG. C.C. 6-22-70 Written Communications-.Cont°do f) Petition re Annexation Nogales and Valley Boulevard Page Nineteen Motion by Councilman Lloyd, seconded by Councilman Young, and carried, authorizing staff to proceed with preparation of necessary application forms and'exhibits for submission to the Local Agency Formation Commission. g) City of Lawndale Resolution No. 1072 Opposing Approval of any and all Applications submitted to PUC wherein Applicant requests.inerease of Utility Base Rates Motion by Councilman Young., seconded by Councilman Lloyd, and carried, to receive and file. h) Request of Harry Vlachos,.2124 West Yarnell Street for action on Street Widening, Improvements and Sidewalks Motion by Councilman Young, seconded by Councilman Lloyd, and carried referring to staff. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES (Zone Change No. 439 - City Initiated)." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Nichols, that said Ordinance be,introduced. -Motion-c-arried on roll call.vote as follows: AYES., Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES.- None ABSENT: None Mr.Wakefield: In connectim with this same item the Council will recall there were two parts to the recommendation. This is with reference to the southwest corner of Grand Avenue and Cortez Street, and Whitebirch Drive between Charlinda Street and Trona Avenue. One had reference to a Change of Zone and the other was in effect a denial for Change of Zone. To accomplish this a Resolution has been prepared. RESOLUTION NO. 4175 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DENYING A REQUEST FOR A CHANGE OF ZONE . (Zone, -Change Appl.icat'ion -No 439',- _City 'Initiated, Parcel .1.) Mayor Chappell: Hearing no objections, waive further read- ing of the body of said.Resol.ution. Motion by Councilman Nichol.s�seconded by Councilman Yung adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.WEST COVINA, AMENDING SECTION 2410 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OFFICES AND EAPLOYMENrs IN THE EXEMPT SERVICES." 4 - 19 - REG. C.C. 6-22-70 Page Twenty City Attorney - Cont'd. Mayor Chappell Hearing no objections, waive further reading of�the body of said Ordinance.• Motion by CouncilmanNichols, seconded by Councilman Young, and carried, to introduce said Ordinance. ORDINANCE NO. ','AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY (Held Over to 7 13 70 OF WEST COVINA REPEALING CHAPTER 1,OF ARTICLE IX :(COMPRISING SECTIONS 9100 TO 9148, INCLUSIVE,) ,OF, -WAND ADDING-'A.NEW: CHAPTER -1 TO "ARTICLE IX -(COMPRISING SECTIONS 9100 TO 9134, INCLUSIVE,) OF.THE WEST COVINA MUNICIPAL CODE RELATING TO SUBDIVISIONS -AND THE DIVISION OF LAND.91 Mr. Wakefield: This item is an Ordinance for adoption, and some question.has been raised in connection with the effect of.this Ordinance upon the Planned Community Development.Zone and undei the circumstances I think the matter needs to be reviewed by the City Attorney and the Planning Director before final action is taken on the Ordinance. I would rec- ommend that this item be continued until your next regular meeting. So moved by Councilman Youngs seconded by Councilman Floyd, and carried. ORDINANCE.NO. 1135 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTIONS 9201, 9203,.9204, and 921,6.2c OF THE WEST COVINA MUNICIPAL CODE RELATING TO FOSTER.FAMILIES AND FOSTER.HOMES. (Amendment No. 9a)" Mayor Chappell: Hearing no objections, waive further reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilmian.Young, to adopt said Ordinance. Councilman Shearer: I would like to make a comment here - I be- lieve it was in Saturday or Sunday — there was an article.in the Daily Tribune in regard to one of the citizens I don't recall the man's name, who was selected County Father of the Year who had nine foster children. I am not asking for an investi- gation, I thought it was very commendable. Mr. Aiassa: Mr. Munsell, will you take note and report on it Councilman Shearer: Not on my request - please. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ASSEMBLY BI.LL,NO. 1827-.Legislation.re.1911 and.1913 Acts Mr. Wakefield: This item was on your agenda two weeks ago , and -is the bill we commented upon .that might have .some beneficial: application in _cod- nection with the p.lans.being formulated fo.r..the redevelopment of the Central Bus.iness.Dist,r.ict. I understand -.co.pies.have :been. :fur.nished to you as per your last request. If you have any questions, I will try and answer them for you. Councilman Young: A brief statement from the City Attorney as to how this legislation would be of benefit? Mr. Wakefield: Under the basic. provisions of the. Mun.ic.ipal- .Improvement Act. of. .1.9.1.3 when 'an--. improvement is undertaken the procedural steps are that After -the final approval of the plans and specifications for the project and the acquisition of the necessary property, 20 - REG. C.C. 6-22-70 Page Twenty-one City Attorney (Item 5) Cont°do • 9- bonds are issued it becomes a direct lien upon the property for the purpose of financing the improvement. What Assembly Bill 1827 would do is to permit the City Council to make annual contributions to the cost of financing the.improvement and that amount of contri- bution would then be deducted from the bond obligation of the individual property owner. It would serve to permit the City from year to year to evaluate its contribution to the project for the redevelopment of the parking facilities - for example-_, within the CBD and gear its contributions to whatever basis might be adopted for the standard for that purpose. The thrust of the legislation is to simply permit the City to -make a contribution towards the cost of the project which otherwise would be financed by other means. Motion by Councilman Young, seconded by Councilman Nichols, that Council go on record as supporting Assembly Bill No. 1827o Councilman Shearer: We go on record supporting it,but does this automatically assume that the Mayor will write a letter stating this? Councilman Young: Councilman Nichols. RESOLUTION NO. 4176 ADOPTED Mayor Chappell° I amend my motion to add that the Mayor be directed to notify Assemblyman Mobley of our action. I accept the amended motion. Motion carried. The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ENDORSING ASSEMBLY BILLS 9 AND.321. REDTJCING TAXES ON NATURAL GAS CONVERSION ERUIPMENT,TOR U.SE"IN MOTOR VEHICLES" Hearing no objections, waive further read- ing of.the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None REQUEST BY WEST COVINA.CITY EMPLOYEES°ASSOCIATION TO INCORPORATE THE CITY SEAL WITHIN THE PROPOSED W.C.C.E.A. SEAL . Mr. Wakefield: The Employees' Association has prepared a proposed seal to be used by that Association which incorporates within it the seal of the City of West Covina. Under the existing ordinance of the City the seal may not be used by any other organization or individual without the express consent of the City Council. This item is on the agenda to give you an opportunity to decide whether or not you wish to authorize this use. Councilman Nichols: The correspondence that I have indicates there is :an attached draft of the design -- but it .is not attached. I have no way of knowing what the seal might look like. (Mr. Aiassa passed out copies of the proposed design of the seal.) (Discussion by Council followed regarding whether the seal had ever been authorized to anyone and the City Attorney advised it had not; requests had been received but denied.) - 21 - REG. C.C. 6-22-70 City Attorney (Item 7) Cont°d. Page Twenty-two Councilman Young: On the theory that the City employees are the very heart of the services rendered by the City; and if everything collapses in the way of services, I make a motion that the use be granted subject to the approval of the City Attorney as to all copywriting and patent questions that might come up. Seconded by Councilman Shearer. Councilman Nichols: I have definite reservations about it. I am not prepared to say this evening I would oppose it,but I am not at all sure I would support it. This drawing would be very close to the City Seal and in the main is the City Seal with a slight modifica- tion of an outer ring. I think that no reproduction should be so close to the City Seal that it would confuse people and give the impression that it might�in fact,be the City Seal. I think it should depart enough from the City Seal t it would make no one,seeing it at a distance or close up that it is the City Seal or might be the City Seal. Secondly, there is an indication in here that it might be used commercially, that is it might be used to be placed on items that would be sold and I don't think the West Covina City government should lend its seal for any type of commercializa- tion even by its own employees. So I think in reality I would like to see this referred to a Committee of the Council for further study and recommendation. ,Councilman Shearer: I agree with Councilman Nichols. When I look at this I see the West Covina Seal as too prominent a part of the Employees' Se.al'and therefore I could not support this. In principle the use of the Seal - yes, but not this particular design. Councilman Young: I will speak further in support of my motion. The uses that are envisioned are essentially those that express the pride of the employee in his association as an employee of the Headquarters City, and as he displays this publicly with this reference to the seal and the format of the W.C.C,E,A., very clear and very bold around it, I think he is assuming a responsibility in doing that and it is.a morale factor among the employees. I can't see how it could conceivably be abused. Councilman Lloyd: I am prepared to vote against the motion and immediately make another motion that it be referred to a committee of the Council. Call'for the vote Mr, Mayor. AYES: Councilman Young Motion failed on roll call vote as follows: NOES: Councilmen Shearer, Nichols, Lloyd, Mayor Chappell ABSENT: None Motion by Councilman Lloyd that a review of the request of the City employees for the incorporation of a seal approximating that of the City Seal be referred to a�Committee of Councilmen, composed of Councilman Nichols, Councilman Young and Councilman Lloyd. Seconded by Councilman Shearer. Mayor Chappell: Is that legal. - Mr. Wakefield? Mr. Wakefield: Yes,as long as the meetings are public, and proper notice given as to time and place Notion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None - 22 - REG. C.C. 6-22-70 City Attorney (Item 7) Cont°do Page Twenty-three • • Councilman Nichols: this Committee upon one Mayor Chappell: CITY MANAGER Mr. Mayor - as a constituted member of a constituted committee I would like to save:time and urge the chairmanship of of my brethren. I will, appoint the Mayor Pro tem as Chairman of the Committee. (Councilman Young accepted.) .11 Hollenbeck,Street Off -Ramp Motion by Councilman Young, seconded by Councilman Nichols, and carried, that this informational item be held over to the meeting of July 13, 1970. Agreement between City of West Covina and Frank Sata Mr. Aiassa: This item is one the Council requested a further report on including a breakdown of what we are doing under the contract proposed with Mr. Satan The main purpose of his work is to coordinate three of the big things as stated in the Agreement, copy of which you do have. I will go into detail if you so desire. Councilman Young: Is there any particular reason to limit as to the Auditorium Study limited to the Civic Center? Mr, Aiassa: We want it limited for specific reasons and will come back with more details at a later time. We will come back and probably add more time to A, B, and C of the�agreemento We might be able to get enough information on these categories so that we know what we want to do specifically and then determine further what is needed. Councilman Young: I didn°t mean from the standpoint of time but more of the spac is l limitation. Mr. Aiassa: One thing you do when you work with consultants is to limit the amount- of budget and -if you need additional work let him reprogram to you. With the proposed auditorium within the Civic Center area he has to draw'some basic conclusions of what type of auditorium, parking required and the._usability of it. Once that comes forth then we report to the Council and may direct that we employ an.,.architect to -design preliminary plans. Councilman Young: He'will do all that for $2,000? Mr. Aiassa; Wellgwe have done some.basics on this and we havea model..... Councilman Nichols:To answer Councilman Young's question from another point of view. All previous r studies of the, -auditorium have linked it to the Civic Center complexjand there are some detailed studies and one rather significant major survey involved the area -and ,the development of the Civic Center itself and the parking was all _geared to an ultimate plan calling for a.Civic Center Auditorium on the .site. So�interjec.tio.n.of,alternate sites along with the limited work that Mr. Sata is being asked to doDprobably would make it literally impossible for him to fulfill the charge of the contract. Motion by Councilman Young, seconded by Councilman Nichols,and carried, to receive and file the informational. report. - 23 REG. Coco 6-22-70 Page Twenty-four City Manager - Cont°d. Progress Report on Central Business District Committee Motion by Councilman Young9._, seconded by Councilman Nichols, and carried, to receive and file the informational re' ort° _ Notice to City Manager from City Treasurer re Retirement Motion by Councilman Nichols, seconded by C'ouncilman:Lloyd,that Council receive and file a copy of the letter. from Mabel Hoffland directed,to the City Manager and that the Council further direct the preparation of'a suitable resolution recognizing the service's .of Mrs. Hoffland in her capacity as Junior Accountantp and further that the Resolution be perma plaquede Motion carried on roll call vote as follows-. AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None Councilman Shearer: I assume she is retaining her position as City Treasurer. Mr. Aiassa: Yes, it is an elected position. Her term will run concurrently with the three councilmen until 1972. Board of Supervisors' Plan.to Create a Consolidated County -wide Recreation & Park District Mr. Aiassa: This item should be referred to the Recreation & Park Commisa%on because I believe they are--ericr-oaching on "home yule" - Councilman Nichols: Is this item submitted to the Council by the City Manager or prepared by someone else? ` Mr. Aiassa: This was taken from the newspaper and one of my staff people made a comment and I.feel I don't like comments made unless there is some official sanction from Council or my office, and I would suggest that we refer it back to them,�being they'had'to...make public�,comme:nt they: --.night as well „make,;:; .,faetual study and come out with some real answers. Motion by Councilman Nichols that Council refer this clipping to the Recreation & Park Commission for review and possible action. y. Seconded by Councilman Young, and carried. Police Department Helicopter Mr. Aiassa: This report is not ready for distribution yet. We have one rough draft and it will probably be 28 days before it is completed. I would suggest that we hold it over to the meeting of July 27, 1970. So moved by Councilman Nichols, seconded by Councilman Young and carried. Councilman Lloyd:. A question. What is the purpose of sub- mitting it to Dr. Paul Mo Whisenand - was that the concurrence of your administrative staff? Mr. Aiassa: No, I believe it was the concurrence`of the Police Department with the City of Covina - ,' between the two Ghiefso Request Authorization for City Manager to Attend the I,C.M.A.°s 56th Annual Conference in San Diego - September 20-24, 1970 24 - REG..C.C. 6-22-70 City Manager (Item 7) Cont°d. Page Twenty-five Mr. Aiassa: If agreeable with Council that I attends I would request $125.00 for expenses. Motion by Councilman Nichols, seconded by Councilman Young, that 'City Council authorize the City Manager's attendance at the I.C.M.A. annual conference in San Diego, September 20-24, 1970, and • appropriate the sum of $125.00 for that purpose. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES None ABSENT: None Request Authorization for City Manager to go to Sacramento on July 1 or July 2„ 1970 Mr. Aiassa: I would like to have authorization of the Council to go for one day to Sacramento - there are some things that need to be done. I would go late in the evening and come back the next day. I will need at least $35.00 for expenses. Motion by Councilman Nichols, seconded by Councilman Young, authoriz- ing the City Manager to go to Sacramento on July 1 or 2, and provide a sum not to exceed $50.00 to cover his necessary expenses. Motion carried on roll call vote as follows. - AYES: Councilman Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None Administrative Analyst Salary Increase_ • Mr. Aiassa: This is something I have not done before, you do have a report from me regarding my reasons. (Summarized report) Councilman Nichols: Mr. City''Manager, why is this not an item that should be properly referred to the Personnel Board? Mr. Aiassa: This is under the exempt position classifi- cation. Motion by Councilman Nichols, seconded by Councilman Young, that Council grant permission for salary change for the Administrative Analyst from step B($807 per month) to step C ($847 per month) as required in the memorandum from the City Manager dated June 18, 1970. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None Authorization to Pay Williams & Mocine°s Statement (Councilman Shearer questioned statement as to percentages paid and that on Item l.a it states 10/ and then 90/ complete asking does that mean the item of $1135.00 is for 10/ of the total amount? Mr. Munsell� said that is'correct.) Councilman Shearer: So we have already paid for 80/ and we are now paying for 10/ and we have 10/ left to pay? Mr. Aiassa: Yes)that is correct. Motion by Councilman Young, seconded by Councilman Shearer, that the statement of Williams & Mocine in the amount of $478.00 be approved and paid. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None - 25 - • 0 • REG. C.C. 6-22-70 Page Twenty-six City Manager - Cont°d.. Permission for a Block Party Mr. Aiassa: I would like to see this used as a pilot event and the City Attorney tells me the only way Council can grant permission is with the condition that they do not close the street in case of an emergency vehicle. -such as police, fire, ambulance, and if someone living on.the streets wants to go in or out. I have talked to.Dr'o Miller and he has assured us that they will adhere to this. If Council wants to grant this request ,. Tie, wi11' do_ :It to. , e duper r sib r`o ^~the"Street Dep�rtr�e , aiid the 'Police. Departmen o Councilman Young: Mr. Aiassa: -This is a cul--de-sac and all the people who live on that Street are in concurrence? They are going to and they are all Street Department setting u.p',:the, barricades.. have a cul--de—sac party in concurrence. The City will work with them in Motion by Councilman Young, seconded by Councilman Lloyd, that the request to block off Thelborn Street between Orange and Lang Avenues for the evening of July 4 between 6:30 P.M., and 9030 P.M., be granted subject to the access of emergency traffic. Councilan Shearer: The Fourth of July is a holiday and Street employees are not working, so I am assum- ing they are not going.to put up barricades for free. Does this mean that the City of West Covina is going to subsidize the block party? Mr. Aiassa: No. We will work it out on this basis,®that; '_the Police Department works on the Fourth of July, the Street Department will deliver the barricades the night before and.the Police Department will check it out the next day to see that everything is in order. There will be no extra salaries paid. Councilman Shearer: I would:: like a brief report back to the Council after the Fourth of July as to the success and the problems involved. I can envision by next Fourth of July we will have several requests. I am not against this, but I would like to know how it functions. Mr. Aiassa: This is'an up-and-coming thing - "Know Your Neighbor.'" (Explained more fully.) Councilman Shearer: Andy theoretically, if this really caught on, we could have every street in the City of West Covina closed. Motion carried. Adoption of Fiscal 1970-71 Budget RESOLUTION NO. 4176 The City Attorney presented° ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADOPTING THE' BUDGE AND APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY,l, 1970 AND ENDING JUNE 30, 1971." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said Resolution. Motion by Councilman Nichols, seconded by Councilman Lloyd, adopting said Resolution. Councilman Shearer: Mr. Aiassa, I assume this resolution in- cludes those items we discussed earlier this evening? (Answer-. Yes) 26 REG. C.C. 6-22-70 Page Twenty-seven City Manager - (Item 12) Contd. Councilman Young: As we all know;there is an item included in the budget of $38,850 for the Chamber of Commerce contract between the,City and the Chamber of Commerce - I would like the record to refle t two things. One - I am a member of the Chamber of Commerce; and two, I hold no official position in the Chamber. At my request, Z received an opinion from -the City Attorney indicating that.pru- dence dictates that anyone with such a membership refrain from vot- ing on such an appropriation. I think it would create something of an impossible situation; however, the City°s position with the Chamber of Commerce over the years is well known to everyone and has been publicized and these hearings have been public and open and there has been some public attendance. In light of the past history with the Chamber and also in light of the fact that if everyone'followed this opinion.of the City Attorney there would be a stalemate an that issue; .so I intend to cast a vote in favor of that item, but I do intend further to take appropriate steps so :that we do not face this problem. Councilman Lloyd.:. Am I correct_- Mr. Aiassa - that it is a contract and is not a function of the budget? Mr. Aiassa: The appropriation in the budget doesn't permit the Council to give money to the Chamber of Commerce. When staff is authorized to prepare the contract with the Chamber and that is brought . before Council —at that time is when the C©u nci'l ° s- -connf 1 is t . of interestwil shm o Until that instr4ment*.is brought before you it is not a legal appropriation, and not until that instrument is brought before • you will a legal conflict of interest appear. Councilman Lloyd: Thanks very much Mr. Aiassa. I don't feel that the t;?rm "conflict of interest" at this point is a truly acceptable one. However, I recognize the dangers that have been presented and I deeply regret that the City Attorney has not made this known to us before. However, I too will Make. official, notification that L,too)am a member of the Chamber of Commerce. Mayor Chappell: I am employed by a corporation th-et is a member of the Chamber of Commerce, but I will vote mien this. Ass-u6"t'caight _aL�d get further instructions from the City Attorney. Councilman Nichols: I might observe that with the majority of the Council members of the Chamber of Commerce and the Chamber°s budget"now having been cut, it doesn't.appear that.membership is exactly beneficial to the Chamber. Mr. Wakefield: To keep the record straight, Mra,Aiassa°s observation.is entirely correct. What the statute prohibits is an interest in the contract as such. The appropriation of the funds in the budget is not the effective device of which the money becomes available .to the Chamber of Commerce so at this point there is no conflict. The conflict will no-L°arise until Council considers and 'acts upon the actual contract between the'Chamber of Commerce and the City. Motion carried on roll call vote as follows. - AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None (Mr. Aiassa received permission from Council to add items to the agenda.) Letter request from Property Owners on Bainbridge Mr. Aiassa: Councilman Lloyd received a letter from - 2.7 , REG. C.C. 6-22-70 City Manager (Item 13) Cont°do Page Twenty-eight some property owners on the 900 block of Bainbridge pertaining to a house that was mold into the neighborhood. I would like to have the Council authorize receiving this letter and forward to staff for an appropriate report back to the Council and the people that signed the petition. So moved by Councilman Lloyd, seconded by Councilman Young, and carried. Chamber of --Commerce Contract Motion by Councilman Nichols, seconded by Councilman Lloyd' and carried, instructing staff and City Attorney to prepare contract with the Chamber of -Commerce for the fiscal year 1970-71 in.con- formance with the budget. CITY CLERK ABC APPLICATIONS: a) Arden Richard Matthews dba Jimmy's 328 S. Glendora Avenue b) The Akron 215 N. Citrus Street Motion by Councilman Nichols, seconded by Councilman Young, and carried, no protest on ABC, -Applications as pertaining to Items (a) and (b). West Covina Parade Committee Motion by Councilman Nichols, seconded by Councilman Lloyd, granting the request of the West Covina Parade Committee as stated in Parade Permit•Application for July 4, 1970. Councilman Shearer: I have a question. I notice there is quite a change in the route of the Parade this year from the two previous years. I am wondering if this has been reviewed by the Police Department? Mr. Aiassa: Yes, and if it causes any problems it will have to be reorganized°and they do have the right to change if'the necessity arises. I was curious about guns being fired in blank? Councilman Young: I am aware of the fact that a --special permit is generally required to shoot_, blanks; you can shoot bullets but firing blanks takes a special permit. Councilman Lloyd: May I suggest that the City Attorney look into it and make a report to the City Manager. Seconded by Councilman Young, and carried. Motion pertaining to Parade Permit carried on roll call vote as follows• AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None CITY TREASURER'S REPORT Motion by Councilman Nichols, seconded by Councilman Lloyd,', and carried, receiving and filing the City Treasurer's report of May, 1970. MAYOR ° S REPORTS Appointments to Boards and Commissions - 28 REG. REC. & PK. COM. 6-22-70 Page Twenty-nine Mayor's Reports (Item 1) Cont°d. Mayor Chappell: I would like to put this over until our first meeting in July. By that time I will have contacted all of the people. Councilman Shearer: Does this present any kind of a legal pro- blem'- I understand there are some positions up for reappointment as.of July 1, 1970? Mayor Chappell: We can act on the Planning Commission - that is the only one that has a meeting prior to our next meeting. I have made contact with Allison D. Mayfield and he has accepted reappointment. So moved by Councilman Shearer, seconded by Councilman Young, and carried. COUNCIL COMMITTEE REPORTS Councilman Shearer: The School Board withdrew their plans for a tax override and during the meeting it was brought up that they anticipate getting quite a large number of requests for sidewalks due to the fact one of their major cuts was in transportation. Mr. Aiassa: They have already apprised us of the pro- blem and it will also be brought to your attention during the discussion on the Capital Improvements Outlay Budget. Councilman Shearer: I read the article on Rincon School • and their clean-up efforts and then there was a letter from a citizen express- ing concern that no one seemed to give them much credit - no radio coverage, no TV coverage and just a nominal coverage by the news- papers. Is it correct that part of the area they covered was in West.Covina? Mr. Aiassa: We can check it and advise Council. Councilman Shearer: I wish you would and report back. If they did clean up within the City of West Covina even if they didn't ask permission, if it was done in our City I would like to send them a Resolution. Councilman Young: I met last Tuesday with Lt. Laughlin and Judge Martin and the new President of Edgewood High School and we discussed the feasibility of establishing a free clinic in West Covina. If it is to be there is a lot of organizing to be done yet. This is really a ball park type of thing; they anticipate a $30,000 annual budget and I think the time may come when they would request City participation in the activity. Councilman Nichols: Is this something that has been discussed in terms of a combination of cities or West Covina only? Councilman Young: I think at this time it is limited to West Covina. Mayor Chappell: I might mention that I did attend the opening of the dedication of the Azusa Police Facility. It is a very nice.fac.ility, not quite as large as ours. If you have time go up and have a look at it. �*E REGo C..C. 6-22-70 Page Thirty DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, approv- ing Demands totalling $272,749.61 as listed on Demand Sheets C713 through C715o This total also includes the payroll account. Motion carried.on roll call vote as follows,. AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None .,Motion by Councilman Lloyd, seconded by Councilman Young, and carried.- adjourning meeting at 10040 P.M. Next regular meeting July 6, 1970 at 7:30 P.M. ATTEST: • CITY CLERK APPROVED: MAYOR 30 - nb