09-14-1970 - Regular Meeting - MinutesI
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
S.EPTEMBER 14, 1970.
The regular meeting of the City Council was called to order at
7:30 P.M., by Mayor Ken Chappell in the West Covina Council Chambers.
The Pledge of Allegiance was led by Councilman Robert Young. The
invocation was given by the Reverend DeWitt J. Brady of the
Congregational.Church.of.the Good Shepherd.
ROLL CALL
Present: Mayor Chappell; Councilmen Nichols, Young, Lloyd.
Absent: Councilman Shearer
Others Present: Lela Preston, City Clerk
George Wakefield, City Attorney
George Aiassa, City Manager
H. R. Fast, Public Services Director
Allen Sill, Police Chief
George Zimmerman, City Engineer
Richard Munsell, Planning Director
John Lippett, Ass°t. City Engineer
Bert Yamasaki, Ass°t. Planning Director
William Fowler, Director of Building & Safety
Richard Bonaparte, Weed Abatement Officer
Ray Windsor, Administrative Assistant
Ross Nammar, Administrative Analyst
APPROVAL OF MINUTE'S
August 24, 1970 Motion by Councilman Lloyd, seconded by
Councilman Young, and carried, approving
minutes as submitted.
September 2, 197.0 .Motion by Councilman Lloyd, seconded by
Councilman Young, ;and carried, approving
minutes as submitted.
PRESENTATION
National & State Mayor Chappell stated the Veterans of
Flags Foreign Wars Post No...8-620 were present to
make.the presentation of the National and
State Flags to Police Chief Allen Sill.
The Post Commander - Gary Eicherst, and the President - Josie Stiler,
of the VFW Auxiliary, would make the presentation. (Presentation
of the flags made to Chief Sill who expressed thanks on behalf of
the Police Department, fo'r this most gracious gift. Mayor Chappell
welcomed all the member.s.of Post No. 8620 and also thanked them for
the gift of the flags.
AWARD OF B ID-S
PROJECT NOS. SP-70011
and SP-71011
TERTIARY STREET
TENANCE PROGRAM
Clerk at 10:00
and found to be
MAIN
LOCATION: Various throughout the City.
Council reviewed Engineer's report.
The City Clerk stated a total,of three bids
were received in the Office of the City
A.M. on September 8, 1970 and reviewed for accuracy -
valid -bid proposals:
Sully Miller, Long Beach $103,016.66
Industrial Asp. Baldwin Pk.. $103, 34.0.18
Griffith Co., Los Angeles $108,584.00
Motion by Councilman Young, seconded by Councilman Lloyd,
contract to Sully -Miller of Long Beach for their low unit
of $103,016.66; and authorizing the Mayor and City Clerk
I
z
awarding
price bid
to execute
- 1 -
PEG. C.C. 9-14-70
Award of Bids - C.o.nt°d.
Page .Two
the contract agreement. Motion carried on roll call vote as follows:
AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Councilman Shearer
PUBLIC WORKS ITEMS
PRECISE PLAN NO. 584 LOCATION: Northerly of Virginia Avenue,
MAYER CONSTRUCTION CO. westerly of Barranca Street.
Council reviewed Engineer's report..
RESOLUTION NO. 42.29 The City Clerk presented.:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, ACCEPTING A.GRANT-OF
EASEMENT EXECUTED BY MAYER-CONSTRUCTION CO INC., AND' -DIRECTING -THE
RECORDATION THEREOF.
Mayor Chappell: Hearing no objections, waive further reading
of the body of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Young, adopting
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Councilman Shearer
RESOLUTION NO. 4.230 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, ACCEPTING A
CORPORATION GRANT DEED EXECUTED BY
MAYER CONSTRUCTION CO. INC., AND DIRECTING THE RECORDATION THEREOF,.
Mayor Chappell: He.ar.ing.no.objections, waive further reading..
of the body of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Young, adopting
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen.Nichols, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Counci.lman.Shearer „
RESOLUTION NO. 42.31 The City Clerk presented:
ADOPTED "A RESOLUT.ION..OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, ACCEPTING AN
IRREVOCABLE OFFER OF DEDICATION EXECUTED BY MAYER CONSTRUCTION CO. INC.,
AND DIRECTING THE RECORDATION THEREOF.
Mayor Chappell: Hearing no objections, waive further reading.
of the body of said Resolution.
Motion by Councilman Young, seconded.by Councilman Lloyd, adopting said
Resolution. Motion carried on roll c.all'vote as follows:
AYES: Councilmen.Nichols, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Councilman Shearer
Councilman Nichols: Mr. Mayor - I would Like to .address.a.question
to Mr..Aiassa. To your knowledge is this
project a public housing project or a sub-
sidized project similar -to the one now going in at Cameron and..
California Avenues?
(Mr. Aiassa advised he did not have the information but perhaps
Mr. Munsell did.. Mr. Munsell stated to his knowledge FHA has not
received an application on. this -project.)
Councilman Nichols: I. -would --.appreciate it if staff. wo.uld...ke.e.p ,the
Council informed of any similar applications
of projects financed under the.FHA subsidized
programs.
2 -
REG. C.C. 9-14-70 Page.Three
Public Works Items - Cont°d-.
PROJECT NO. TS-71006-1 LOCATION: Amar Road and Azusa
TRAFFIC SIGNAL MODIFICATION Avenue.
Council reviewed Engineer's. report.
Councilman Young: Are these funds listed in the staff report for -
transfer - are these. pr.eviou.sly...budge.te.d,..funds2....
Mr. Zimmerman: Yes, these,funds were.approved._for.-budgeting.
City Engineer in connection with the approval of the Five -Year
Program of Public Works and also in connection
with the City°s budget, of public wor=k.s. -
Councilman You.ng.:. So we can expect some.di.minishing of some.
other- anticipated ..projects?.
Mr. Zimmerman: That is correct. We. are hoping some delay
City Engineer can be initiated in other projects and
refunded in next year's or the following
year's budget.
Councilman Young: Is this project considered of sufficient
. immediate importance to justify these transfers?
Mr. Zimmerman: Yes, the imminent development of the Umark
City Engineer, area occurring at this time will put additional
traffic on an already heavily used intersection
and staff considers this improvement necessary at this time.
Councilman Young: I suppose the construction taking place -is
creating further use of .this. street?
Mr. Zimmerman: It.certainly adds some to the confusion..at.the
City Engineer intersecti-on..
Mr. Aiassa: When the installation was.made.at.the time
we cut Azusa over the .hill there was no
development -there at all and we.put in only
the bare nece.ssit.ies, realizing at, a future .timethat area would
develop and constitute a..need for these improvements
Motion by Councilman Young, seconded.by Councilman Lloyd, authorizing
the transfer of $7, 00.0 in Traffic Safety Funds.. and .$9, 500 in State Gas
Tax Funds from account TS .71007 to.account.TS.7.1006-1® and further
approving the plans and specifications.and..autho.riz.ing the City
Engineer to call for. bids. for construction of the traffic signal.
modification at the intersection of Amar Road and Azusa Avenue. Motion
carried on roll call vote as follows:
AYES: Councilmen Nichols,, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Councilman Shearer
PLANNING COMMIS'S`ION
ACTION OF SEPTEMBER 2 Mayor Chappell: Are there any..que.stions or
1970 items of discussion of the
Planning Commission.
action of September 2, 1970?.
Councilman 'Lloyd: Are. there any. items automatically_ coming_ .up__.
to. Council?
Mr. Munsell: Item 4 will be comingup but it. is .at....prese.nt
Planning Director still before the Planning -.Commissions_ Al.L ...
the other items are on the agenda tonight...,
Motion by Councilman Lloyd, seconded by Councilman Young, and carried,
to receive and file the action of the Planning Commission dated
September 2, 1970.
- 3 -
l
AEG. C.C. 9-14-70 Page Four
Planning Commission - Cont°d.
TENTATIVE TRACT NO. 28205
(WOODSIDE VILLAGE)
Donald L. Bren Company
AND
TENTATIVE TRACT NO. 31103
(WOODSIDE VILLAGE)
Donald L. Bren Company
division under PCD Plan No. 2.
Resolution No. 2279'.
LOCATION: West side of Azusa Avenue,
north of Amar Road and south of
Autumn Drive.
REQUEST:.Approval.for a 97-acre sub-
division under.PCD Plan No. 2.
Recommended by Planning Commission
Resolution No. 2279
LOCATION: East side o.f .Pass.and Covina
Road,.north of Amar Road.
REQUEST: Approval for 50.9 acre sub -
Recommended by Planning Commi.ssion
(Mr. Munsell,-Planning Director, stated .the two subdivisions are
within the PCD PLan_ No. 2, which was before the P.l.anning.- Commi.ssi.on
the first of last month. The..tracts are in conformance with the
requirements of the PCD zone and the City Council did not take its
option to call this plan up, so-what.-i,s before Council tonight is the
tract itself. Stepped to the display board, stating the Resolution
is quite lengthy in regards to requirements, and would go over them
quickly with the use of the map. Pointed out the location of both
tracts, park sites, and proposed school site, and the future proposed
location of the residential single family units.)
COUNCIL DISCUSSION
Councilman Lloyd: Mr. Munsell would
you enlighten me
as to why they .ar.e.
developing the backside first - is that more usable or more profitable?
Mr. Munsell: The indication that the developer has given
Planning Director to staff is.that the Four-P.lex- complex is
a vital element of their first marketing
arm of their total development. There are, _I believe, six Four-Plex
lots across .from their Model Home. Complex -and -those will be us.ed.to.
sell these units. So in the completion of the first tract of .
development Plan No. 2 they will have a total package available of
single family detached, single family attached, four-plexes,
apartment units and mobile .home units..
Councilman Lloyd: If that has a multiple dwelling approach to
it isn:lt it -necessary that the school site be
activated?
Mr. Munsell: No, the total 140 acres if developed right
now would not generate enough school children,
only enough for one-half of an elementary school. As.suming..only.the
first tract is developed now, Rowland School District -has indicated
they will not build a school for that few children. The multiple
complex is not intended to have as many children as the sing.le.family
units.
Councilman Lloyd.:.,
Mr. Munsell:
make it available to
to say that will be
tion.
Would they dedicate the .school site now?
No, the developer is no.t required to
dedicate the school .site. He.is..required to
design it into the development plan..and
the School District. The City has the right
a school site but not the right to require .dedi.ca-
14'
Councilman Lloyd: The point I am making, assuming that .
Rowland. School District for some reason
waits for a period of 5 or 10 years - that site will still -be -avail. -
able?
Mr. Munsell: Based on our PCD concept it will be.
4 -
REG. C.C. 9-14-70 Page Five
Planning Commission Items - Cont°d.
Councilman Lloyd: There is no way for the developer to come
back -and say we are going to put up houses,
or whatever?
Mr. Munsell: It would.be. necessary for the developer to
come back to Rowland School District and
request a release from the School District.
(Explained in.further detail.)
Councilman Lloyd:. I presume that the ridge on the east'side is
the high ground. - is that correct? .(Answer.:
Yes..)..- How high in comparison to .the Four-
plexes? (Answer: About 1501..) From a saf.e.ty.po.int of view for those
people that will have homes on that ridge or.hill -.we. will.provi.de
adequate protection so someone doesn't come tumbling down the
hillside into the park? I. presume safety factors have been considered
in the planning - is that correct? (Answer: Yes.) ---- - -~
Councilman Young:. Mr...Munsel-1,. I don-°•t` understand why the
Rowland School -District would have to release
the land for the company to develop it when
the company isn't requ•ired to dedicate ---the land.
Mr. Munsell: We have a technical situation in that the
PCD zone:.'requires--so many 'school_s
and parks, and each development plan itself
isa total package and designed to handle the student generation of
this particular site. The developer has the right to develop that
second tract at anytime af.ter.you -approve the tract; however, at his
option he has indicated he.would not like to develop at this time
but would like to wait until it is known where the Huntington Beach
Freeway is going.. Initially . the. developer approached staff_ ..and... .
requested that he be allowed to develop the tract on the west -with
the four-plexes without showing the .total proper.ty...in the development,
leaving it fallow for the future disposition of the Division of State
Highways and staff felt it would-be more.beneficial to the City to
get a total look at the development. of the property now for the park
and school purposes in case the freeway did not go there, or did .not
go in at all.
Councilman Young: I take it.then that the developer hasto make
available so, much raw land for school use and
the School District would purchase it for the
development of a school? (Answer: That is correct.) But that i.s..
not true of the park site, that would be. dedicated?
Mr. Munsell: That wo.uld.b.e dedicated as a requirement. of
the approval of the development plan.
Councilman Young: What ..wou.ld.be.the..implicat.ions.of. the.
developer doing that offsite.improvement
on Lark Ellen Avenue? Who furnishes the
land and who pays for.the.development ultimately and -who controls.....
the standards, etc...?
Mr. Munsell: In.answer to your.first question,,..the.l.and.
already belongs to the City and was .
dedicated as.part of the Macco tract., The.
County has a system where if it is a major .highway and the....tr,act.does
not take access .to it, as in this case, the developer will. dedicate . .
the land but does not have to'put. in .improvements. The land .has.....
been graded and is.pretty weil..-i.n the proper condition for..improve.-
ment. And your second question - who controls.the development.? -..This
would have to be --done to the City of West Covina standards ....... The.
developer has indicated it is to his advantage not to -provide the,
temporary continuation of "G" Street or the temporary cul-de-sac,.
and has volunteered to improve Lark Ellen at his own expense to our
standards. Now he is not required to improve the whole street and it
5 -
REG. C.C. 9-14-70 Page Six
Planning Commission Items - Cont°do
has been determined by staff it would be .reasonable to come. ..up.-..--.
with the same situation we have now which is basically.a.two.l.ane
on Pass and Covina and on Lark Ellen this. would .be an equal
substitution and allow the developer to develop his property and..
the City comes away with a portion of a roadway -
Councilman -Young.:. And that roadway would -connect to something.?
Mr. Munsell: Ye.s, it would. (Explained with the. use .of. the
displayed
displayed map.)
Mayor Chappell: How far along will the park be developed?
Mr. Munsell: All of the parks have to be dedicated and
graded and utilities roughed in to the site.
Basically what the City gets is a vacant lot..
(Explained in further detail.)
Motion by Councilman Lloyd, seconded by Councilman Young, and
carried, approving Tentative Tract No. 28205-and No. 31103, subject
to the conditions specified in Planning Commission Resolution 2279.
PUBLIC HEARINGS
PROJECT NO. SP-68007 LOCATION: West side of Glendora Avenue between
STREET IMPROVEMENT South -City limits and Service Avenue.
CONTINUATION OF PROTEST Hearing of protests and objections to costs
HEARING ON ASSESSMENTS of construction of curb, gutter, sidewalk.,
1911 ACT (Short Form) driveway approaches and water line relocation
set for hearing on August 24, 1970 by
Resolution No. 4199, adopted July 27, 1970, and held over to this
date.
Mr. Wakefield: Mr.. Mayor and members of the City Council,
City Attorney you will remember that, this item relates to
the confirmation of the assessment on the
1911 Act procedures. At your last meeting certain protests were
heard by certain.of the property owners concerning .the inclusion
in the assessment of the cost .of relocating the wa.ter..line.._ At that
time you requested .a further report from..the City Attorney and. the
City Engineer. Those reports, are before you. ....To .br.ie.fl.y .summar.ize.
the report of the. Cit Attorney, it.. is .. to . the eff.e.ct. that...at ..thi.s.
P Y
point in time the City Council .has the option to..ei.ther .confi,rm.-.the..
assessments as recommended by the City Eng.ineer..-and..include..the.en.tir.e
cost of the project,_ .i.ncluding the relocation of.-the..water...line.o .or
you have the option .of deleting the cost of the relocation.of the
water line from the assessment and making an appropriation of city
funds adequate to cover the:expendi-tunes that.have already..been made.
and confirm the remaining,portions of the assessments befo.re.. you.o-_...... . ...
THIS IS THE TIME AND.PLACE FOR THE PUBL';IC HEARING OF PROTESTS OR
OBJECTIONS. THERE BEIN.G.NO...FURTHER PUBLIC TESTIMONY, PUBLIC HEARING..
CLOSED. COUNCIL DISCUSSION.
Councilman Young: I.n this..report-.that-we received this week,.I
noticed it.appar.ently i-ncludes.eve.r.y.one,
including the prope.rties.unde.r consideration at the present.t.ime_..and...
that everyone has been assessed for the removal of.the water_.line and
either they all have paid for it themselves in direct.negotiation
with the water company except for a Dr. Joseph Squillace, and .i. am--.-...
wondering why that exception was made.
Mr. Fast: The exception was made based on a.hear.ing.
Public Service Dir. by City Council on October 26, 1.9.6.5,....and.
.from recolle-ction there was .a staff -_re
commendation that Dr. Squillace be charged for the.l.o.wering of the
water line as all of the other properties. Dr. Squillace presented
alleged evidence to the Council at that time that would indicate
_ 6 _
REG. C.C. 9-14-70 Page Seven,
Public Hearings - Cont°d.
that he had been.led to believe by.representatives of the City.
that this cost would not be his obligation and base.d..upon the
clouded circumstances surrounding his particular piece of property. -
and that it was tied in with the extreme urgency of widening
Glendora Avenue - based on those circumstances the Council felt
they should not require Dr. Squillace to do what everyone else -had
been required to do.
Councilman Young:_ I feel after participating in the di.s.cus.sion
at .our last meeting and also-in.re.viewing
this additional material brought before us,
as much as I would prefer.to see the City or the Water Company or
someone besides the property owner undertake the payment for a
specific improvement of a water line that has absolutelyno.
relation to the.pr.operty apparently nonetheless, it.seems.to me in
fairness to all .of the property owners involved, with the.one
exception mentioned, that it would not be a proper action on the
part of Council at this time to change the previous Council°s decision
which was made in 1965 and also one in 1969 which we reviewed last
time. There is an attitude of fair play here, in my mind, which
relates to the other property owners. I don't know what basis there
would be to make further exceptions so on that basis I would,
reluctantly but honestly, disallow the protests.
Councilman Nichols: This type of. a matter is/of course�a matter
of equity and a very difficult thing to
determine.. One can. proper.l.y... take the view
Councilman Young has taken, and that is that a number..of others have
had to make a contribution for that which others are.attempting to.
avoid at the present time. But I thi.nk .I. would...like- to_.leave. with .
the Council one thought and that is .that in all or._al.mo,s.t.,.al,l of the.
others listed in Item 1, Page,l of the report, -the people involved,
who made contribution for .the. lowering .of the waterline did. so-.'_. .
under extreme duress and did so under -the -Precise Plan law, which.
itself is in some question of legality at the pre.se.nt.t.ime.in the
State of Califor---rrra, and they .did .so .under the threat ..that .hopeful.... -
lucrative developments they had in mind would be..held-._up or....deni.ed...
if they -didn't make ..-such. -co.ntribu.tio.ns... You....can .re -ad .down the li.st
and in almost all of the cases you will.find that-thev wer.e..in the.
process of maKi,r_ig a . major d
achieving long.term.financi
participation does not make
for improvements that do no
think we are here .tonight t
and the basis of payment.
hold to the position I have
owner should not be assesse
a direct benefit to the pro
ment. I would, myself, pre
City Attorney, that is the
that directly relate to the
reason I will find mysel.f..0
this particular. -issue and..w
a device only to. express
Councilman Young:
Mr. Wakefield: -
City Attorney
Councilman Young:
companies involved
water lines?
=_velopment and in. most- cases ..probably.
zg at that .time.. So the fact. of .their..
right the. assessment ,of .propert.y.. owne.r.s
t even indirectly benefit .them, and so...I
)rn-between the.precedent.of payment
3o wilhout bel-aboring it _.I will still
taken in the past - -.that. the. property
i..for .an improvement where you cannot show
)erty owner as . a result .of... that. improve-.
E.er to selec.t.the option sug.gest.ed...by..the
ieletion of those portions .o.f .the cost .
lowering. of .the water line. For that
Zable to vote with Councilman Young -on
L1.1 :vote to accept the protests...as.
.my .displeasure with -the. method. used. -
The lowering of the water line .was .made
necessary by the improvement of the street -
is that a proper hypothesis?'
That is correct.
The street could -not be improved
the water line was lowered - is
(Answer: Yes) Is it also true
ownad or have easements through there
unless .. -._ .
that. _.correct?
that the water
for their
- 7 -
REG. C.C. 9-14-70
Public Hearings - Cont°d..
Page Eight
Mr. Wakefield: Yes, the Water .Company had a prior right,
City Attorney a right existing before the City had. .
acquired the easement for street.purpo.ses..
Councilman Young.: It appears to me that there is the direct
benefit of the widening of the street that
could only be accomplished by the .accomplish-
ment of this procedure of lowering the water. line as well as all of the
other work done and I still feel the only proper conclusion in my
mind is what I expressed.previously.
Councilman Nichols: When the issue of the last major improvement
on -Sunset Avenue came before Council a
different thesis was presented.. The City
Attorney said the street could not be improved without the lowering
of the water line and I believe there was those at that time that
believed it could be achieved without the lowering of the water line
and at that time that was the issue and any statements to the effect
that the street could not be improved without a lowering of the water
line would be subject to the qualifications of an engineer and not a
City Attorney. That would be my first observation; and secondly, the
matter of the condition of the water line and its need for repair
and replacement irrespective of any improvement on the street would
certainly bear on any costs for relocation. So we.could go on and
on debating the pros and cons and I have no desire to do that. I
think it is a very difficult decision to make and that Councilman
Young's decision is an honorable one and he can take his vote feeling
he is entirely correct and I will be no further removed from having
mine.
Councilman Lloyd: Obviously I think there is a function of
fairness involved, but of course;/in the
tremendous-.wisdom•which this great..and.august
body has we are indeed torn in the decision we havetomake. My
inclination from a legal _pointof view is that Counc-ilman..Yo.ung ..is
entirely correct. -I have been forced to make decisions -while sitting
up here that have been intolerable to me., I object very strenuously
that someone has to pay for a_water line and will never benefit from
that water line and simply because somebody has an easement on the
thing and therefore he had .some sort of prior right, so everyone else
must pay for that forevermore - am i .correct on.thatJ Mr. Wakefield?
Mr. Wakefield.: Are .,y.o'u. asking for a legal opinion. or an.
City Attorney engineering opinion?
Councilman Lloyd: In your case and knowing your background, I.
daresay that perhaps an awful lot of opinion
would be very accurate.even in.the.engineering
area, but in this case I am speaking of the legal.
Mr. Wakefield: If the Water Company has a.pri.or right to the
City Attorney location of the lane in the street since it
has .an easement..or perhaps owns.a fee in the
right-of-way its line is located .in�-then it has the prior _.right, just
as any other.property owner has to retain its property- in. the .condi.ti.on
in which it is and if the.improveme.nt is made for the benefit of..the._..
public then it is the.obligation of the public body to compensate for
the cost of the relocation of the line to accomplish the improvement.
Councilman Lloyd: What you are really saying is that we really
don't have much choice - if we want to
widen the road and move the water line we have
to ask these people to pay.for'it - is that correct?
Mr. Wakefield: No, I think•you have the option in this case
City Attorney - of either paying for it from other city funds
or assessing the property owners whose pro-
perty is being improved.
REG. C.C. 9-14-70 Page Nine
Public Hearings - Cont°d.
Councilman Lloyd: Mr. Aiassa., I know I am going to .be very un-
popular here, but I honestly can't ask these
people if they don't benefit by it and the
City does benefit by it. I think there is .a real point of justice in
the thing and even though I am•spending the hard earned,._money..of the
City and it means something else has to be chopped off - what is going
to be the reaction if we have to dig this money up? I am obviously
prepared to join Councilman Nichols in his decision.
Mr. Aiassa: We held. -up one project on Sunset Avenuefor
almost two years for a similar 8" water line
on which the total expense was borne by the
City and the benefactor was . the Water. Company. So long as..you. have a
private water company that has prior rights-and.t.hey feel you are.
encroaching on their. -property .and .the line has .not'beein.�-re:p.laced for
30 years and ithasto be replaced with 'a nice.new modern..lineat
today°s prices - well in'the case on Sunset Avenue,we only benefited
the Water Company and Sunset School. We have a piece of the original
pipe taken out and there wasn't anything left but a bunch of holes in
it.
Councilman Lloyd: I realize that and I understand the injiustice
that is occurring all the way across the
line and the regrettable part of it is that
the individual to whom the line belongs should be somehow asked to
participate or pay for it, particularly when they are involved in a
profit situation, there is no question about that. But the question
is the property owner who receives no benefit whatever - should he
pay for a line because of the widening of a street that he absolutely
receives no benefit from. We are not down to what is good or evil,
but to a lesser of two evils - - should the City, everybody in West
Covina be penalized now because. that line.has to be replaced?. Or
the property 'owner? These are the only two options that .I ..see.
Mr. Aiassa: One factor the Council must keep in mind -
that the extent and degree of improvement
made on Glendora at the expense of the entire
City is also of direct benefit,to the property owners,. because
Glendora was only a lane and a.half and not curbed or guttered in
certain areas and now it is a major street with-f.ul.l landscaping
in the center, curbs and gutters - all at the general expense of.the
City® Now how low do you want to go beneath the ground to -eventually
put these projects in andif you make -a precedent here you. may have
to delay projects longer because you are. -taking this kind of money out
of the operation for streets, curbs and gutters,..and..putting it in
water line replacements. Also, the properties left on Glendora with
the new improvements are fer. more attractive for sale or other uses
than before.
Councilman Lloyd: But.they are. not more.attractive in reality
because of the lowering of the water line -
_are. they? .
Mr. Aiassa: No, but the water lines are there .under.. -prior
authority.
Councilman Lloyd: Which brings us right back to sort .o.f. a
chickenandegg situation, and no matter
how you cut it, it is all bad.. So .we are.
.right back to the.question7 shouldan individual who.receives..no.
benefit be penalized or should the total of the city be penalized?,.
No matter how I.....vo:te on this thing I am going to ' wal-k away with _a.
bad taste in my mouth because I am either going to penalize the_,tot.a.l
of my city and that is a very bad way to treat them as a legislator, or
I can turn around and very quietly say - well)doggone it,you.made..a.
mistake you shouldn't have, moved there in the.first place and that's
your tough luck. And I know exactly how those.people are going to
feel because, Il too, have been in an,._ekactly similar situation of
paying for a sewer pipe that went by my place - and all,of a sudden
_ 9 _
REG. C.C. 9-14.-70
Public Hearings - Cont°d.
Page Ten
you are told it .is to the benefit of the individual. But when they
built the tract, in the first...pl.ace. they should have -put It.-i.n--.and.
they should have buried it deep.enough and if not, then.in.the_area-.
of some sort of.moral..j.u.stice the Company who benefits.in the total.
should pay for it and I am not so foolish as to believe that we can
make them pay .for it. I am. afraid I will vote ag.ai_nst it and --and...
say say we will all pay for it.
Mayor Chappell: Won't the property owner still be paying-.
for .curb, gutters •and . sidewalk?
Mr. Aiassa: Yes, and I. ,would like to point out that we
have other streets that were developed in
this area .and the.. property owners .have
already paid for the relocation of the water line at their own
expense and if you -are going.to benefit anyone now protesting, some
arrangement would have to be made so that some other 10 property
owners who have paid for the relocating of the water line would be
compensated.
Councilman Lloyd: IWould you like to have it held over?
Mr. Aiassa: I think it would be better -to hold over
until we have the five Councilmen present.
Mayor Chappell: Mr. Wakefieldjwould .they be eligible to
come back and ask for money if we voted to
pay for the water line?
Mr. Wakefield..:.... No, you hay.e.onl,y the items.. involved in the
City Attorney current proceedi.rrgs..before you. The fact
that othersmay have .ppLid .in the...past.. would_ ...,
not entitle them to any relief .simply because..the City.Council now -
made a different-detera.ination in the -light of' -the circumstances.....
Mr. Aiassa:. Well) I think the legal aspect of them
coming back..f.or a refund is not the.i.ss.ue,..
the big issue is that these people,will
feel an injustice is done them because someone that came in late
to the show got a -better arrangement..
Councilman Nichols.: The thesis that the City Manager posesa
-although.a valid one�is-one that governments
face repeatedly. An example-of.that would.. -
be the city sidewalk. prograN where countle.ss..mi.les . of .sidewalks
have been put in and paid for by developers and -private parties
whereas the City Council, in recent years made a determination that
a change of policy should occur and that the City at large should
make payment for the improvement of sidewalks.. We co.uldn°,t.now .
expect every subdivider to come back.and ask for a refund because
in the past he paid in total for the sidewalks- So.the_issue.now
before the City .Council. is the wisdom .of this -policy and:.s,hould it
now be continued? .. It. would ..truly be a, matter. -of . ques.t.i.on.. if this
Council vacillated on. each issue) .but the Council .is .now:.di.scuss.ing.,
something which .has been. a . controversy _ before the Council for,more...
than five years, as witness the information contained..i.n the -report.
So whether wevote one way,or.the other,. I, for myself, don't feel.
that we will necessarily be condemnedfor our change here....
Councilman Lloyd: My immediate reaction is if-administr..a.tion
would.like to have .th.is..held over so they
might have the full deliberate body present)
I would submit that as.. -a motion and,.I -so move.
Motion died for lack of a second..
Councilman Nichols: I would only observe that-staff.has had
ample opportunity to recognize that there
- 10 -
REG. C.C. 9-14-70
Public Hearings - Cont'd.
Page Eleven
were only four Councilmen present tonight and did staff desire to
hold this item over before the tenure _of the conversation became
apparent and not when it became.apparent that a vote would not be
in favor of the staff recommendation. So I feel that the vote
should occur on the basis of the Council's representation here
tonight.
Mayor Chappell: There is no reason for holding it over
because as I count it, it would be 3 to 2
anyway and we don't know how Council-
man Shearer feels on -it.
Councilman -Young: I feel somewhat as Mr. Nichols states - it
is a matter of 'how each person.justif.ies his
vote to his conscience and I could really
vote either way and justify my .conscience, but I do feel, however,
in taking this particular action tonight that we are establishing
a definite policy at this point and that policy is in the future for
any improvements that are made and involve an encroachment of some
existing rights that does not directly tie in tothe -.property .owners
that the City is going . to pick. -up the tab, .and I ..think..it has -far
reaching implications. I note that someone was careful to point.out
in the report) that the Squillace exception was not a precedent, but
of course.,it is although .it is not to be considered as such. I think
tonight a distinct and definite precedent is being set that has far
reaching implications'to the City. We are going to come up in a little
bit with the Crossing Guards pr.oblem.- we can't furnish them .because of
lack of money. I submit.t.hat I.am prepared to vote tonight.
Councilman Nichols: Mr. Mayor, I don't believe.that the.informa-
tion is present in thereport of the City
Attorney that would allow me to make the
type of motion I would..make bec.au.se the. intention I.would have..wou.ld._.
be to make a motion.spreading the assessment less thoseportions
that would be directly.attributable to the cost of the lowering of the
water -line, and I.don't believe those specific figures are in the.
reports we have.
Mr. Wakefield: No, they are not, but there is attached to
City Attorney the Engineering report a break down of costs.
What .I would .propose to you. - as .the form of a
motion would be to sustain the protests and order the cost of re-
locating the water l.ine.to be deleted from the Engineer's report and
the balance of the cost beassessed against theproperty owners.as.
spread by the City Engineer.
So .moved...by..C.ouncilman Nichols, seconded by
Councilman Lloyd, and carried.on roll call vote as follows:
AYES: Councilmen Nichols, Lloyd, Mayor. Chappell
NOES: Councilman Young
ABSENT: Councilman Shearer
Mr. Wakefield: The City Council should .al.s.o .no.w.,.,appropriate
City Attorney the funds required to pay the costof the re-
location of the water line.
Councilman Lloyd: I don't think you can do that until you .talk.
to administration.
Motion by Councilman Young, seconded by Councilman Lloyd,.and carried,
that Council hold over the matter of appropriation of funds .to the
next regular meeting. agenda.
ZONE CHANGE NO. 442 'LOCATJON: South side of Cameron .Avenue adj-a-
PRECISE PLAN NO. 559 cent to and west of the Walnut Creek.Channe.l.
MAURICE ZEBKER REQUEST: V Approval of a.change of zone.
from R-1 to O-P for a triangularly shaped 2.07
acre parcel; and 2) approval of a precise plan for office use on the
existing O-P and proposed O-P zoned parcels of 4.39 acres. Recommend-
REG. C.C. 9-14-70 Pa3ge Twelve
.Public Hearings - Cont°d.
ed by Planning Commission Resolutions Nos. 2276 and 2277. Plans A
and D approved 8/24/70; Plans B and C and Zone Change held over to
this date.
Mr. Aiassa: In addition to the staff report submitted
City Manager we received today a letterfrom the.applic-ant
addressed to City Council.requesting that
the zone change application and. the precise plan phases-.B.and C be
continued until the. Council meeting..of O.ctober.' 13, _7197.0:::
Motion by Councilman Young, seconded by Councilman Lloyd, and
carried, that at the request of the applicant — Maurice Zebker, the
public hearing on Zone Change No. 442 and Precise Plan No. 599..
be continued -until October 13, 1970.
THE CHAIR DECLARED A RECESS AT.8:45 P.M. COUNCIL RECONVENED AT
8:55 P.Mo
PROPOSED AMENDMENT NO_ 1 REQUEST: To change the alignment and
MASTER PLAN OF STREETS. right-of-way.wi.dth_.from.80 feet to 60
CITY INITIATED feet of that.portion of Hollenbeck
Street between Amar Road and Maplegrove
Street; to change the right-of-way width of that portion of Hollenbeck
Street between Maplegrove.Street and Merced Avenue from 80 feet to 60
feet; to change the right-of-way width of Nogales Street between
Valley Boulevard and Amar Road from 80 feet to 100 feet; to. extend
Puente Avenue with a right-of-way width of 60 feet from
San Bernardino Road north to the -northerly city -boundary line; to add
Shadow Oak Drive with a right-of-way width of 80.fee.t.from Amar Road
to Nogales Street and from Nogales Street to Amar Road; to delete
Giano Avenue from Gemini Street to Amar Road.and Renault Street from.
Giano Avenue to Nogales Street.
Mr. Zimmerman: Mr. Mayor and members of the City Council, if
City Engineer we can have the lights lowered we will show
you a slide demonstrating the changes as
recommended for approval by the City Council. (Slide shown,, street
changes outlined and the additions, substitutions and.deletions
explained in detail.)
THIS IS THE TIME AND .PLACE FOR .THE PUBLIC HEARING. THERE BEING NO
PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Lloyd: Mr. Zimmerman - may we have the picture back.?
I was wondering if consideration had been
given to some sort of continuity in the
name of the street from Hollenbeck to Nogales. Has.any recommendation
been made by the Engi-neeri.ng-Department to consolidate on one name
at least within the. limi.t-s of West Covina?
Mr. Zimmerman: No, Councilman Lloyd. To my .knowledge there
City Engineer has been no indications of any name changes.
The name of Nogales, of course, goes on
southerly out of the City,and- would .involve _other jurisdictions, and
the same with Hollenbeck..going.northexly.
Councilman Lloyd: Of course that is their problem. Our,probl.em.
iswithin the City limits of West Covina.. I
think some consideration should be given to
this and I -realize this is really not..ger.mane.to the issue at hand,
which I favor, but I would commend the staff that consideration be
given to one name on the street and I would encourage and ask -that
Council make some comment.
Councilman Young: Nogales Street is the existing street at
the present time? (Answer: Yes) .And also
Hollenbeck'®
12 -
REG. C.C. ' 9-14-70
Public Hearings - Cont°d.
Page Thirteen
Mr. Zimmerman: Yes�but Hollenbeck is northerly only to
City Engineer Merced.
Councilman Young: And Nogales as it exists serves the Rowland
School District. I think the idea of the
continuity of the name of the _street is
fine although it is not before us at this time and would probably
require separate.public..hearings. I think it is a good idea,
Mayor Chappell.: I woul.d.sugg.est we ask staff at this time
to look into the way the two streets are
named and let's go on with the portion at
hand of the reducing of the widths. As I understand it J the
recommendation for reducing Hollenbeck down to 601 is due to
the terrain - is this true?
Mr. Zimmerman: That is correct.- As explained before the
City Engineer hearing at the Planning Commission the street
will be on a steep grade due to the hilly
terrain it is in and will have about a 10/ grading and fairly .,sharp
curves. Its running speed shouldbe around 25 to 30 miles per hour)
and we anticipate this will discourage travel .on it and encourage
conversely travel of.roads not quite so severely terrainedo namely,
Azusa on one side and Citrus on the -other.. For.that-reason it was
felt the width could be lowered somewhat.
Motion by Councilman Young, seconded by Councilman Lloyd, and carried,
that Puente Avenue from San Bernardino Road to the northerly City
limits, two-lane, 60 feet of right-of-way, be added to the Master Plan.
of Streets; and that the request of revisions and substitutions of
alignments for Hollenbeck,--.Nogales-Street, and Shadow Oak Drive
be allowed; and that the request for deletions pertaining to Renault
Street, Giano Street, and LaSeda Road be allowed.
AMENDMENT NO. 112 A proposed amendment to Section No. 9218 of
CITY INITIATED the Zoning Ordinance to require ...park fees
for. Multiple Family Residential developments.
Recommended by Planning Commission Resolution..
No, 2282.
(The Planning Director summarized Planning Commission Resolution No.
2282, stating fees, surveys of other cities made, advantages to City,
etc.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 112,
CITY INITIATED. THERE;BE-ING NO PUBLIC TESTIMONY, PUBLIC HEARING..CLOSED,
COUNCIL DISCUSSION.
Councilman Young: Mr. City Attorney, Item C, relating this park
fee schedule toexisting zoning, is that
legal? If they come in with a precise plan
and already have, the zone �/ can we. add a new requirement before -they.
can build?
Mr. Wakefield- Yes, I. think the matter .may properly be
City Attorney controlled either at .the point of the
i.ssuance of -the building permit or ,at..the
time of the approval of the precise plan. The legal situation here,..
I think, is comparable to that which would occur if, for example,
an individual came in and had a precise plan approved for the
development of a particular piece of,property and subsequently the.
zone on that property should be changed or the requirements applicable
to the zone changed. He has no vested right in the precise plan as..
such. He has a vested right in the zoning.
Councilman Young: It seems to me this should be attached to
the zoning?
13 -
REG. C..CJ 9-14-70 Page Fourteen
Public Hearings - Cont°d.
Mr. Wakefield: As you know there is a great question as to
City Attorney whether or not zoning can be conditioned.
The -generally prevailing view is/it .cannot...
However, when it comes to the actual development of the property
within the zone..under our Ordin4nce *hich•.requirt!b ,the approval of the
precise plan we attach many conditions routinely to the development of
the property within the zone. This is simply one more condition that
would be attached to the development. The fact the development had
not commenced to the -point where the..pro.perty owner came in.and..applied
for the building permit does not give him any vested right to proceed
in accordance with the Precise Plan as it was at the time of approval.
Councilman Nichols: Mr. Mayor, in that this would seem to be a
proposal that would tend to discourage
apartment development /I would certainly be in
favor of it.
Motion by Councilman Nichols, seconded by Councilman Lloyd, and
carried, that City Council adopt Amendment No. 112, adding
Section 9218.10 to the West Covina Municipal Code.
ZONE CHANGE NO. 443 LOCATION: Southerly extension of Leaf
LLOYD E.. MOEN. CONST o .INC..o . Avenue south . of Sunset Hill Drive.
REQUEST: Change of zone from R-A, Area
District I, to R-1, Area District I, for
a 4.7 acre parcel (Tentative.Tract No..
30903) .
(The Planning Director summarized Planning Commission Resolution
No. 2284, stating the conditions applied.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING,ON ZONE'CHANGE
NO. 443. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEARING. CLOSED.
COUNCIL DISCUSSION.
Councilman Nichols: Mr. Mayor,.this is a routine request that
only confirms the existing facts. o.f. the.,. -sub-
division on the property and its present..use
for residential purposes, and I would favor this and be prepared,, at
the conclusion of discussion, to move for adoption.
Seconded by Councilman Lloyd, and carried.
ORAL COMMUNICATIONS
Mayor Chappell: With the concurrence of the Council I would
like to move Oral Communications up at this.
time. (No objections.)
Donald E. Diblin I am -the Chairman of a small Committee who
808 E. Herring endeavored to put out a petition to the
West Covina residents of my immediate area. The .area
involved was from Vine Street on the south
to Cameron on the North and_from Valinda
on the east to Hacienda Boulevard on the west side, mostly encompass-
ing the streets on the inside and not the streets named on the
outside border. Since we are more or less back street''residents we
felt our problem existed there. Our petition reads as follows:
"Petition Appeal to the West Covina City Council: I/we the under-
signed residents respectively petition the West Covina City Council
to furnish additional police.patrol of our neighborhood to restore..
reasonable order. Progressively our streets have grown unsafe
for us -and our children, as such streets are being.used as race
tracks by irresponsible individuals who do .not obey traffic laws in
the operation of their automobiles and motorcyples thereon: I/we
the undersigned demand that our police enforce,without exception or
privilege, State and local laws relative to speed, safety and noises."
- 14 -
REG. C.C. 9-14-70 Page Fifteen
Oral Communications - Cont°d.
Under that we required a date, signature,
address, telephone number if they wished to give it, and any re-
marks they wished to .make. This sheet was presented to each.
participant who signed. We are presenting this to you now with over.
two hundred signatures. The members of the Committee consisted of
myself and my wife; Mr. and Mrs. Anderson of Barbara Avenue; Mr. &
Mrs. Hudson of Herring Avenue; and Mr. & Mrs. John Tinno of Barbara
Avenue - all put efforts forth to get this petition out. We estimate
about 90/ or better signed the petition in the area. There were
only five objections to my knowledge; three based on opinions that
they just don't sign petitions, and one out and'out objection before
we even got to the door, and the other was rather argumentative and
we left peaceably. Others that we excluded were the city employees
of West Covina. We felt they could not take a position in this
matter.
I have tried over and over in.my mind to try
to tell you how this petition was received by the people involved. It
was most agreeably accepted in just about all cases. No arm
twisting or anything of that sort was involved. They seemed to be
people that just needed a leader to help them come out of the
wilderness of hate and despair, because they have tried and.tried to
get some sort of protection and just about all said.the.:situation_was
out of complete hand. In most cases their attitudes were hostile to
those people using our streets unlawfully. Many tried to approach
it with the objective view of how long will this take? When can it
stop and what longevity can we get out of it? In other words will
the police come in on this petition and saturate the'area for two or
three weeks and then move out? We would only have the same situation.
I couldn't tell them the answer, I said I had to:present it to you..
They would like to know if it is possible that this request could also
be submitted to the Street Engineer to ask these gentlemen if .the.re...-.... -.
isn't something. they can do, because between' .Ualinda and ,Hacienda
Boulevards - one half mile or. .more - there are very few streets .in
this area and it is very doAdut.ive to many.'unthinking individuals ._
to try and use it --as a.drag strip. Since we have no sidewalks-in.the
area and children are now starting to school and also playing.-in.the.
streets,it has become extremely dangerous and everyone feels there will
be a disaster unless something is done. Can the,streets be cu.t..up to
cul-de--sacs? Can dips be -put in the streets?.'Can more stop signs
be put in? All these questions were asked and` these- are..,,the- type --of . .
questions we would .like - - to - have put in a feasible study and....any.-..o.ther"s
for our protection. I can't; tell .you what will happen if this.
Council is not sensitive to,the"demands of the.people out there.
Things are getting completely out of,control. I •see it every.day on
my own street. These are' -good people here who see., it every .day_an.-.-. -. -
their stree We are - scared e . We -have chi,ldre.n. Maybe you have .
these .probl.ems ,on your own -.streets in your -neighborhood -- I. "don °.t.,.k.now.®
but this is howit isin-. ours. -,:We;::.wou-ld.. l.ik'e.litf thoroughly ....understood'
.
that it is not the intent of any individual who signed this -petition
that they wish to persecute anyone. Weare the ones that are..
persecuted. We feel something must be done-. At'the same time we are.
ready to prosecute if that is the other handle of ,the- despair we .must
meet. In any event if you...put people in jail/ that .will cost money,
if you engineer the streets that will cost,,so we are squeezed -between.
costs, but we want something done. It must be done.
Also, in conclusion, regrettabl-y) I..,mu,st add
this. It is the expressed desire ofa large.minority,;,of thepetition
signers that Lt..Don Goddara of the West Covina Police Department
be prohibited from any consideration or impl.eme.ntation concern.i,ng.
any outcome of this petition, since they, the residents, feel the
ends of justice will not be served. It is .felt that Lt. -Goddard °.s. .
son, Chris, is one of the leading contributors:of the,.:automobile
misuse on our streets. Lt.-Goddard ..apparently '.has -not .ands cannot
fairly and uniformly enforce the laws without.exception or privilege..
as outlined in the petition.
Gentlemen, this is the Sunday;'Times from
yesterday. - 15 -
REG. C.C. 9-14-70 Page Sixteen
Oral Communications - Cont°d.
It tells a plight that our adjoining City - La Puente —is -now
suffering. Much of the seeds of that same plight is implanted in.
our own community regrettably and we have to .fight it before -it gets
bigger or ou r.streets will not be safe and eventually our. homes .ar..e.
going to be unsafe. Once again, I didn't come here to persecute .
any one or any group of people. I just want law and order .and a good
community to live in. When I moved here two years ago.I said this is
the place I want to live in and raise my family in and eventually
probably be buried in. .I thought it was -a pretty good city. I still
think it is a good city and I don't,want to move. We have good
neighbors but they will be destroyed. Something must be done. We
put it in your. hands. .Thank you.
Mayor Chappell: We thank you and we certainly.wil.l.take this
under consideration. Are there any others
present that would like to speak on this
particular issue? (None.)
Janet D.-. Kavanaugh We have a few signed,petitions requesting a
5-41 North Leaf Avenue Crossing Guard at Lark Ellen and Rowland
West Covina Avenue for Rowland Avenue School-. We were
there this morning - myself and another lady, -,-
crossing the children. Because of the Pioneer School being closed
these children do have to walk a distance and cross a 4-way stop that
they did not have to do before. They have no crossing,guards .,
whatsoever, and they were used to 3 crossing guards before. These are
primary children as well as your 4th, 5th and 6th graders. We took a
tally on turning cars, left and right, and there-were.112 within a 45
minute period, from 7:45 to 8:30 a.m., and 120 children crossed and .
40 were primary - kindergar..ten . through. 3rd .grade...: TY e-se: mothers also
were coming down and car.s.•were .befuddled and turning and- didn.°.t know
what to do, and childrenwere. running .around and ,didn ° t know.,what to
do. This afternoon.there were,ladies work.ing.,there again at 2.when
the biggest part of the children get out. There, was a siren and a
rescue car went by and two little girls were going to cross right
in front of the rescue car .and if one of the ladies hadn'tstopped.-- --- _ .
theml they would have been killed,
I do.underst.and that it .takes time for this
study,,but I don°t.understand why.this.wasn°t made prior .to.:.the..school
opening. Everybody , knew about this intersec.ti.o.n ! and they say".well
there is a 4-way stop �
J but if yo.0 have .any children I :-wo.uld, .like. to.
have you send them across there. I don't care to. have_mxne sent
across that corner. My husband was threatening to take -my daughter. -
out of public school so .she would not have to cross.that..street..
These signatures were taken this -morning .-
they were taken at a coffee hour when .no one knew what was going on.
and we were assured that we would have a crossing guard-,and..we..
found out at our first Board meeting a couple of weeks ago we would-.
not. So I have organized ladies to.work.every day.un.til..you..can..ge.t.
your Traffic Engineer down there to study this and that won.°t.b.e. .
until Wednesday and I understand then it is referred to s-taf.f.. and...then
to Council and a,.recommendatio.n is made. I really wish you would
think about it and.hur.ry this along before a child gets kill.ed.....Thank .
you.
THERE.BEING NO FURTHER ORAL .COMMUNICATIONS, COUNCIL.DISCUSSION.FOLLOW.-
EDa
Mayor Chappell: Mr. Aiassa, we have two problems here facing -
us at the moment. .The: -first, one being the
first -petitio-n regarding the .speedin'g-and.,
I would certainly like to have you take .that -under advisement .:with, .
your staff and -report. -back. -to the Council at ournext meeting - .
either adjourned or .regular, so these people can'have some satisfaction.
It looks like it i;s a real problem there and we would like to have you
get on it right away.
- 16 -
REG. C.C. 9-14-70 Page'Seventeen
Oral Communications - Cont°d.
Mrs. Kavanaugh brought up .the probl.em...at.
Lark Ellen and Rowland regarding crossing.guar.ds. Did we have any
advance notice on this? She seemed to be under the impression that
this was going .to be taken care of .and was surprised it wasn't._
Mr. Zimmerman: The Crossing Guard question d s particularly
City Engineer complicated this year because there is a new
set of recommendations from the -League of
California Cities as -to how to make judgments -and as you know -these
is the closing of schools, changes in bus routes, eliminationof
bus routes and -other things,_ and in order to make determinations on
at least five.requests for additional crossing guards the staff felt
it had to wait until school was actually open in order to count the
children involved, and that is the reason a firm recommendation was.
not made to Cou.ncil�. School has started and we are now in a posit -ion.
to make a. recommendation based --on- whether the warrants. are _met . or not. -
Mayor Chappell: Is there any relief that can be given this
location if it warrants in your staff -Is minds
until we can get the complete study?
Mr. Aiassa:'. We have one under emergency use now and if
it is as bad as it is outlined we will have
to see what we can work out on a temporary
basis.
Councilman Lloyd: Mr. Mayor - I would like to .address a.question
to Mr. Wakefield. I think -there is a clari-
fication needed for the gentleman - Mr. Diblin.
He said something about city employees participating and I believe
City employees are allowed to participate in these type of .activities,
or am I in error?
Mr. Wakefield: Councilman Lloyd, perhaps I misunderstood
City Attorney what -..Mr. Diblin was saying. It was my
impression it was the son of one of our
Police Officers who -was -participating in the drag racing or whatever
is happening..
Councilman Lloyd: Yes, I -understood that' ° but he also said
no city•employee.s were asked because of a
conflict. Am I correct in stating that City
employees may participate in this type of activity without prejudice?
Mr. Wakefield:' That is correct.
Mr. Diblin: May I..clarify-this, Mr. Mayor? It was
the determination of our group .that to ask
City.employees would not serve the purpose,
so we withdrew from asking - them. When we came to a house we gave
them the option if they wanted to.
Councilman Lloyd: In other words if they had been _ e_�raluded
just on the basis of protecting or assuming
a position for them, that is the point I am
trying to make, because our City employees may participate..
Mr. Diblin: We just gave up asking because some of them
declared they would not like to, so we dial
not ask them.
Motion by Councilman Lloyd, seconded by Councilman Young, and .carried,-.
referring this matter to staff for a further study.
Councilman Young: On the Crossing Guard situation, I .think ..
Mrs. Kavanaugh spoke only of Rowland and
Lark Ellen; and also Puente and Lark Ellen
was brought to my attention today.
17 -
PEG. C.C. 9-14-70 Page Eighteen
Oral Communications - Co.nt°d..
Mrs. Kavanaugh: Also I have another one given to .me -
Workman and Lark Ellen where I understand
the children are walking on the wrong side
of the street on Rowland.
Motion by Councilman Young, seconded.by Councilman Lloyd, that all
three of these locations be studied by staff and brought back.to
Council as soon.as possible.
Councilman Lloyd: I think the lady°s point was that she
would like to have some immediate reaction
and I realize once submitted to the Traffic
Committee with their referral -back to Council it would be about 30
days, Mr. Aiassa?
Mr. Aiassa: I don't think in this case it would be that
long, we should have it by your September 28th
meeting..
Councilman Lloyd: But she is .asking for some type of immediate.
action?
Mr. Aiassa: Well/we have just so many crossing guards and
so many are already assigned and if we take
a crossing guard from one'area to another well we have to weigh one against the other. We didn't shift the
buss or close the schools and we do have the problem.
Mrs. Kavanaugh: I was told this afternoon that there are 3
crossing guards ext'ra;,.in reserve for when a
crossing guard is ill, and they are already .
on staff. We were also promised a.police officer....
Councilman Lloyd: Who promised you the crossing guard?
Mrs. Kavanaugh: He didn°t.promisellbut Mrl.'.Harry Thomas of
Traffic Engineeri%g told me this afternoon
that there were three crossing guards in
reserve that were used for ill crossing guard replacements, etc.
i
Mr. Aiassa: Well/ there ire: three but we alreadyhave
emergency situations and if we have one illy
we will be dead. We will try and do whatever we can 'to relieve this
problem but Mr. Thomas doesn't -handle all'the particulars of the
crossing guard problem.
Councilman Nichols:--._ Mr, Mayor, we have heard the lady°s petition
to .Council, which is certainly one of
legitimate concern and we can't make a
decision tonight. We need now to give the. City Manager's staff time
to look into these areas.
Mrs.Kavanaugh° We were -supposed to have a police officer
today and.I assume he was called away
because we: -.were only _supposed to have him
if he was not on another call. I assume he was because we did not
see him. He is supposed to be there tomorrow if not on another call.,.
so I am hoping he will. -be these. Thank you.
Mayor Chappell: For the benefit of the audience, we -have a
real problem right now on this.subject._
The School District, because:of a shortage
of funds, has closed some schools, changed areas, limited buses,
and we have been on a crash program of building sidewalks -this
summer. A lot of you have been'involved .in it`and are complaining..
we are putting sidewal,.ks--.in•. front of .youx.-..house and you would. rat.her.
have them across the street, etc. So we are all involved.in_..this..
We know your problems and we are concerned but bear with us because
this is something that has been dropped on us since school ended in
18 -
PEG. C.C. 9-14-70 Page Nineteen
Oral Communications - Cont°d.
June and something we can't solve immediately. There is a.f.unding
problem and we all have money problems in our homes,so we can
understand that the City does also. We are not going to sit on it,
or overlook or forget about it, but please go along with us. Not only
is thist school causing a problem but we have problems all over the
City and I am sure we will handle it in the proper manner. We have
a professional staff and I am sure they will come up with the proper
answers and then we, as Council, will take the credit for it.
Motion carried, all in favor.
PLANNING COMMISSION - Cont°d.
TOLAND AVENUE PEDESTRIAN Mr. Munsell: You have 'a copy of
OVERPASS Planning Director the City Engineer's
report dated
August 25, 1970, which analyzes the overpass andthe various alterna-
tives in great.detail. After considering all alternatives the
Planning Commission made their recommendation to Council as stated
in staff report dated September 10, 1970.
COUNCIL DISCUSSION .Mayor Chappell: We have talked about this
several times in thepast
and never really came up with a decision as
to what we are going to do on it. We do have a recommendation on it
from the City Engineer and the Planning Commission.
Councilman Young: If this overpass stays the State picks;up the
tab for it - at the same location? (Answer:
Yes.) I am personally prepared to say let's
eliminate the overpass,but I don't live there and use it. Probably
we should have the opinion from people that reside there and are the
potential users of it.
Councilman Nichols: It.has come before Council previously and
citizens have had opportunities to express
their opinions on it and there was very little
concern. It appears that the primary use of it in recent years is it is
a place to write on/and there are all kinds'of messages up there. I
believe with the improvements being recommended such as sidewalks,
that the distance that would have to be walked wouldn't be so great
that it wouldn't behoove us to act in the concern of economy, even
though it is not this agency's economy, and I would subscribe to
Councilman Young's opinion and tend to favor the recommendation that
says delete the bridge and build sidewalks.
Councilman Lloyd: I believe my stand about two years ago was
why do we have to have ,it if it costs the
people. Wre had a survey.made'
which indicated that in one 24 hour period 112 people passed over the
bridge and as a result of that.information and the information
presented by Councilman Nichols, it was felt that it be deleted, and I
will continue that stand.
Councilman Young: In light of the background information which
I was not familiar with I am prepared to follow
the recommendation stated in the staff report.
Motion by Councilman Young, seconded by Councilman Lloyd, and carried,
approving the Planning Commission's action and authorizing the staff to
proceed with the necessary steps to delete the Glendora Avenue
pedestrian overcrossing and replace it with a system of sidewalks.
TEMPORARY OVERHEAD Mr. Aiassa: We had a meeting with re -
TELEPHONE SERVICE TO presentatives of General Tele-
WOODSIDE VILLAGE phone Company and three of
the members are present this evening. There
were a couple of items added and not in your
staff report which probably should be clarified at this time. I
- 19 -
REG. C.C. 9-1-4-70 Page Twenty
Planninq Commission.Items - Cont'do
believe Mr. Fast can do this.
Mr. Fast: As a result of the.conversations with the
Public Service Dir. General Telephone representatives we would
like to modify Condition 1. to include the
following: "or when Shadow Oak.Drive isimproved, or whichever is
earlier." A;..:_ Condition 4 would be added as a safeguard in the event
the development slowed down to the extent it was not physically
possible to install underground improvements and a permanent roadway
thus allowing the General Telephone Company to come back to the
Council at the end of the 2 years time and request an extension
providing the performance bond is extended also.
Mr. Aiassa: We had suggested that a Notice of Agreement
be made between the Telephone Company and
the City of West Covina and that a renewal
or reevaluation of the bond be made on the 20th month. The action
we need from the Council,if they accept our recommendation, is .to
direct the City Attorney to write the legal instrument for Council
approval.
Councilman Young: Why is it necessary for a public utility
to post a bond? What does that add?
Mr. Aiassa: As you know since we have adopted the uniform
requirement of underground utilities that all
utilities are to be underground and if we
permit this one to be installed as a temporary overhead we will in
essence be violating the Ordinance and 1say /in 2 years or 5 years the
temporary poles are still there,,we will have no legal instrument to
require that they be removed and underground utilities be installed.
Councilman Young: It seems to me they are being granted a
temporary use of which the.conditions are
quite clear and if they violated the condi-
tions we would still have to sue them - I suppose - the bond
wouldn't help any. We would either sue direct or on the bond, is
that correct Mr: City Attorney? (Answer: That is correct.) I
wondered what the bond added in that light, unless we expected the
General Telephone Company to go bankrupt.
Mr. Aiassa:
Councilman Young:
Mr. Aiassa:
The advantage of the bond is it gives us the
assurance so that I don't have to start su-
ing.
You will have to sue them anyhow.
Yes, I know, but the point is there is a
bond put forth which costs them additional
money.
Councilman Young: They .are going to charge that back on.my
phone bill - but I will go along with it.
(Mr. Aiassa explained in .further detail the problem.encountered with
Minneapolis -Honeywell a few years back .where .a...bond.was not posted.)
Councilman Young.: Well I .di.sagree that the .bond would be
forfeited but .maybe I _am_. -mistaken about that.
Councilman Lloyd: I am still in the dark -and -am a little bit
like Councilman Young.,..b.u.t. if. that is what you
wantJ._ I _am..sure...i.t is fine
I am sure it is not debilitating to Gener-as. Telephone.,_ but I really
don't understand -.if you have a.limitation in the -contract which
says ...whichever occurs first, etc." - it certainly seems to be a
limiting factor and wouldn't that be sufficient?
- 20 -
REG. C.C. 9-14-70
Planning Commission Items - Cont'd. i Page Twenty-one
Mr. Aiassa: If they �ut, up a temporary system and it is
going to be maintained as a temporary system
and say the entire area does not develop
according to Schedule, you will have an overhead temporary wiring
system and the Council has by Ordinance adopted the installing of
underground ut'ilities and in this period of two years say the
development do0s not advance, and the Telephone Company does have
two possible alternates for a permanent installation. I feel for
insurance to the City that we•have this protection.
Councilman Lloyd: I am ---again, like Councilman Young, and I
realize I am probably. belaboring the point,
but if you have a time limitation which
has been established with a public utility, a recognized agency by
the State of California, and we would have to assume since they are
fairly gigantic in proportion, that they are probably capable of
taking care of their obligations, it would appear to me that at the
conclusion of that 2 years, it would be taken care of.
Mr. Aiassa: I hate to mention this - Mr. Lloyd, but after
25 years in public office I don't care who
it is, reliable or unreliable, the City has
to take all precautions to protect itself and if you are going to
make it manda ogy for underground utilities and everybody has to
adhere to tha d-Pall of a sudden you make a deviation from it -
well, I sure on't want to have to go back and sue the phone company.
I was at one public hearing and I was the only protestor.
Councilman Lloyd: Well, that has to tell you something.
Mr. Aiassa: Right, and that is why I want the bond.
Gentlemen, you do whatever you want.'
Motion by Councilman Lloyd, seconded by Councilman Nichols; to uphold
decision of the Planning Commission granting a modification of require-
ments as requested by the General Telephone Company subject to the
following conditions:
1) That the use of the temporary facility be granted until such
time as permanent facilities can be constructed or not to
exceed two years from this date, or when Shadow Oak Drive is
improved, whichever is earlier.
2) That the aerial facilities be completely removed upon the
completion of use.
3) That a performance bond be posted by the General Telephone
Company guaranteeing the installation of underground facilities.
4) That the agreement can be reviewed for extension;
and further directing the City Attorney to draw up the instrument
between the General Telephone Company and the City of West Covina for
Council approval. Motion carried.
SOUTHEASTERLY ANNEXATION Mr. Aiassa: There is a memorandum
NO. 213 (THE VILLAS) from the Planning
Department, also a
confidential communication from my staff.
There is a feasibility, if Council so directs, to give some publicity
on this Annexation We have not gone through all the legal pro-
ceedings that are required and one is the approval of LAFCO. We also
found out since Friday that there is a possibility if we get 100%
participation wanting to annex to the City, that we may avoid the cost
of an election. We are now in the process of contacting the remaining
2 or 3 persons that have not supported the annexation out of about
63 registered voters. If this is accomplished, it will be one of the
first and quite a record for West Covina.
-21-
REG. C.C. 9-14-70 Page Twenty-one (a)
Planning Commission Items - Cont°d.
Councilman Lloyd: I think it is also important that you
indicate the amount of monies that will be
saved if this is done.
Mr. Aiassa: We have not worked out the costs as yet,
but I think at least two or three thousand
dollars.
Motion by Councilman Young, seconded by Councilman Lloyd, and carried,
to receive and file staff reports.
-21(a)-
'REG. C.C. 9-14-70 Page Twenty-two
RECREATION & PARKS 1) Review Action of August 25, 1970.—
COMMISSION
Councilman Nichols: One.item.i.n the minutes_ has.been.one of
controversy- -and .concern. to.. the .Council
-previously. As an infor-mat.io.nal...thing. I
would like to call attentio-n. to. the.. Council that. i-n_appr-aving, the
minutes tonight .yo.u.:wi.1.1--be. approvingl.under. -Item,-.6 the.-use....of .the
Cortez Park Recreation..Building- for West. Cav-in.a -.Symphony.. Orchestra
practice sessions. We, will., remember the -problems. _i.n..-the... past,
although Councilman Young- would ---.not,... where- there.--were-.-pe.t1ti,o.ns. and..
complaints from .the. neighbor--hood-..because.-.af. -the..- no.ise-.. factor -and-.at
one time Council voted:- to .abandon .a11...musical- . type . activities. from
Cortez Building. .-Certain-- impravements. have, been.- put. -.in. sincethen
and responsible c.i.ty :employees . and the. ,Preside.n.t, o.f-..the. - Symphony
Association have checked out-the-.no.i.se factor and.they .do -indicate
there is no longer a.problem.. I am.a.little concerned that some of
the citizens were not asked if this were now a satisfactory
situation. However, I will go along with the recommendation of
Mr. Nordstrom and Mr. Yamate, that this is no longer a problem, but
if it becomes one we will ask'Mr. Nordstrom to explain to us what
they missed on it. -So I am for accepting the recommendation and
taking our chances.
Mayor.Chappell: They have had several practices and
according to Tom Yamate there were no
objections. So let's give it a try.
Mr. Wakefield: Mr. Mayor - Items 7 and 9 recommend to the
City Attorney City Council that the Swim Team fees and the
fee schedule for Judo instructions be
increased. In the appro:v.al..of. the •..items it should be understood -that
Council is approving the revised f.ee.s.
Motion by Councilman Lloyd, seconded by. Councilman Young, and
carried, accepting and approving'Items 7 and 9; and,further receiving
and filing the action of.-.the.Recreation & Park Commission.me.eting.....of.
August 25, 1970.
THE CHAIR DECLARED..A RECESS..AT.1.0:03 P-M.. RECONVENED AT 10:15 P.M.
Mr. Aiassa: There is one item under Recreation & Park
Comm-i.ss-ionincluded in. the .minu.tes - Item 8,
that .I _ would :like tocall- t.o. C.oun.cil. ° s... -
particular atte.ntion., 'in.case.any.one would go _to.the...munici.p.al.
pool at a time. the Swim Team i.s.there. We are now serving pre-
packaged food i.tems.du.r.i_ng the Swim Team meets. Proceeds to be
used by the Swim Teams.
PERSONNEL BOARD
Minutes of July 7, 1970 Mayor Chappell: ..Mr.. Wi.nds.or.,. i.s
present .this.... evening.
Does anyone -have..
any questions on the change .in the Job Specifications?, (.None.)
Motion by Councilman Young,,, seconded by Co.uncilman..Nicho.l-s-,,;.and
carried, to receive and file the:,minutes of the Personnel Board
and approve the job specifications as,requestedo
WRITTEN COMMUNICAT'IO'NS
MIKE POLONI Councilman Nichols: I. mo.ve:....that�-we::,:r:efex
132 N. Mardina St., Mr. .Po.loni.°.s:, letter,.
seeking...reimbursement
for.damages to hismotorcycle to the.. -City.
Attorney as per staff recommendation.
Seconded by Councilman Young.
Councilman Young: There does appear to be a matter for staff
investigation as to an existing condition,
22 _
REG. C.C. 9-14-70
Written Communications - Cont'd.
Twenty-three-.
which I presume staff will take care of.
PETER HAMEL
853 S. Glendora Avenue
REQUEST
LORAINE YUHAS
1055 E. Casad Avenue
REQUEST
SOUTHERN CALIF..GAS CO.
NOTICE OF AMENDMENT TO
FRANCHISE ORD. NO. 393
SENATOR'RALPH COLLIER
PROPOSED CONSTITUTIONAL
AMENDMENT NO. 18 re..
GASOLINE TAX FUNDS
KURLANDER, SOLOMON &
HART, -(POLICE-°LABOR'`'"
DT'SPUTE.":,-..MONTEREY PK..)
Motion carried.
(Answer by City Manager: Yes)
Motion by Councilman Young, se.co.nd.e.d..by
Councilman. Ni.cho.ls,..referring thi.s.re.quest,
for approval to operate a mail order.busine.s.s.,
to staff. Motion carried.
Motion by Councilman Young., seconded..by
Councilman Nichols, and carried,referring
this request,for.approval to operate a
mail order bus.i.ne.ss,,,to staff.
Motion by CouncilmanYoung, seconded by
Coun.cil.man. Nicholse _and carried, to receive.
,and file.
Motion by Councilman Young, seconded by
Councilman Nichols, and carried, to refer
this item to staff.
Motion by Councilman Nichols, seconded by
Councilman Young, and carried,referring to
City Attorney.
CITY OF EL MONTE Motion by Councilman Young, seconded by
RESOLUTION NO. 3837 Councilman Lloyd, and carried, to receive
COMMENDING and. file.
LEONARD So GLECKMAN
BOARD OF SUPERVISORS Motion by Councilman -Young,,, seconded by
PROP.."A" ON 11/3/•70 Councilman Nichols, and carried, to refer to
BALLOT (STORM DRAINSY staff.
CITY ATTORNEY
ORDINANCE INTRODUCTION The City Attorney presented:'
"AN ORDINANCE OF THE CITY COUNCIL_OF THE
C.ITY.OF WEST COV.INA,.AMENDING SECTION 9205
AND SECTION 92.01 OF THE WEST COVINA MUNIC.IPAL,COD.E RELATING TO THE
LOW DENSITY MULTIPLE -FAMILY MF-15 ZONE.. -AND REPEALING S.EC.TI.O:N .9.2.0.5 0 6
THROUGH 9205.16 RELATING TO THE R-12 ZONE."
Mayor Chappell: Hearing no objections, waive further reading
of the body of said Ordinance.
Motion by Councilman Young., seconded,by Councilman Nichols., and
carried, that said Ordinance be introduced®
ORDINANCE INTRODUCTION The City Attorney presented:
".AN ORDINANCE OF THE. -CITY .COUNCIL OF THE
CITY....OF WEST COVINA, AMENDING CHAPTER 2 OF
ARTICLE 9 OF T.HE. WEST COVINA MUNICIPAL CODE RELATING TO SIGNS..
(Amendment No. 111),"
Mayor Chappell: Hearing no objections, waive further reading
of the body of said Ordinance
Motion by Councilman.Young, seconded by Councilman Nichols, and
carried, that said Ordinance be introduced.
RESOLUTION NO. 4232 The City Attorney presented:
ADOPTED. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, APPROVING IN PART
PRECISE PLAN OF DESIGN NO. 599 (Maurice Zebker)."
- 23-
REG. C.C. 9-14,-70
City Attorney - Cont'-d.
Page Twenty -four.... -
Mayor Chappell: Hearing no
of the body
objections, waive further . re_ad:Lng_... -.
of said Resolution.
Motion by Councilman Young, seconded by Councilman Nichols,..adopting
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell
NOES: None.
ABSENT: Councilman.Shearer
LEGAL FEES Mr. Wakefield: This is an item -that
WEST COVINA vs. has been continued..from
GARNIER & WHITE time to time.on.your
(Cortez Park) agenda. Thisis really the,first time.. in
my practice that I have negotiated.a Legal
fee,. so I really don't know how to -handle
it. The City Manager has met -with all of the people involved and
most of :the fees have been reduced. I assume what pends before you.
is there with his recommendation for approval.al.tho.ugh he has not
really said that much to me. I must say to the City Council that
the litigation was difficult s it took a great deal more time than
any of us anticipated. When our original statement for fees was
submitted I had reduced the hourly rate from $45.00 to $35.00, so I
was not unmindful at the beginning of the burden the litigation would
impose upon the City. On the other hand if all of the hours spent
on the case were billed to.the Ci:.ty many',!hours..of my own time
which was spent on the matter were not included, and these covered
such items as subpoena to appear as a witness in the case, because
the opposing counsel.s.ought to verify the authority of the.Cit�y Council
to take certain .action. It.involved conference time with Mr. -Newton
during the actual .trial. of the.. case. These, are all part and parcel...,.....
of the .entire trial and matters.. which .we would normally .expect .to,
devote to a matter- of .this kind. I make .no apologies for the size of '...
the fee.or the results of the litigation. I do realize the amounts
pare substantial, but,as I am -sure you all realize, lawyers try to
influence the courts but we don't control them and in this incident
we were faced with a difficult opponent. And as you realize we were
faced with and assigned a Judge that had no previous experience in
the trial of condemnation matters..As a result many of the items
were admitted into the record which we thought should have been
excluded and which were time consuming, both.from.the point of pre-
paration and court time. If any member of the Council has any
specific questions with reference to any of the items that are includ-
ed )I will be glad to attempt to:answer them,
Motion by Councilman Lloyd, seconded by Councilman Young, that the
bill of Burke, Williams,_& Sorensen in theamount. of $13,473.70 be
submitted for payment immediately.
Mayor Chappell: I. would like to say we think.you..did a fine
jobon this. We know it was a tough one
and,allthings being equal I think 'that
fence will'be`coming down soon and I.look forward .to that..
Councilman Nichols: The concerns I had expressed about this..
matter were largely based in the area of
certain special witness fees and those have
been adjusted to my satisfaction and I am prepared to supportthe
motion.
Motion,carried on roll call vote as follows:
AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell
NOES: None.
ABSENT: Councilman Shearer
MERCED AVENUE HORSE Mr. Wakefield: The first item to report
RANCH is the rooster has made
the pot and,I hope is no
24
REG. C.C. 9-14-70 Page Twenty-five
Citv Attornev - Cont°do
Ll
longer bothering .the neighbors. I submitted to you two_-
reports,
one very current, of the inspection of the premises by the. County
Health Officer.. The reports conf.irm.previou.s reports he..has made.
all to the effect that so far as the sanitary condition..of .the
property is concerned, -it meets the existing .requirements --of :the
temporary restraining order. The case is now set for trial October
19, 1970 and before that time I will meet again with the property
owners and we .will attempt to see that.everyone who has a
legitimate piece of evidence to offer with respect to the. -property.
is given an opportunity to do so.
Councilman You.ng..o.-
the inconvenience that
recently?
.Mr. Mayor. .Mr. City Attorney,would it be
.at .all possible inthe event it is necessary
to postpone this trial to somehow minimize
some of the people have been complaining about
Mr, Wakefield: Yes, Councilman Young, .and I must assume the.
re.sp:onsibility for that I was away on my
vacation for 3 weeks, the latter part of
July and first part of August, and in my absence the office had
neglected to notify the people we had been in contact with that the
trial had been continued That was an error on our part and -I do
apologize for that,
Councilman Nichols: To your knowledge, Mr. Wakefield, do the
inspectors when they come out, make any
contact at all with the complaintant
residents in the area so they can communicate their complaints?
And secondly, are copies of these reports ever made available to them?
Because it seems like one or two of the residents always have
exactly the opposite opinion of that expressed in the reports. I
wondered if there was a way that these opinions could•be resolved
in some sort of communication to those that complain.
Mr. Wakefield:. In answer to your first question., so far as
I know the inspectors .of the Health Depart-
ment do not make any attempt.. to contact the
neighbors. Maybe this.. c.an be ..do.ne , and I .will- be glad -to discuss it
withthe representative-s in the local office. ..To .answer the second
part of your ques.tion,.I have orally informed several of the people.
I have talked to Mrs.. Shreiner and Mr. Smith of what .the reports
are-. I have not sent copies to them. If it is the _desire of the
Council that I do sod I will be happy to.
Councilman Nichols, I don't think it is an urgent matter at
all; but I do feel if at the outset this
be
en een done it might have been helpful6
If some sort of communication had been established between those
from the Health Department that make the routine inspections and the
residents complaining I suspect in retrospect that there would have
been fewer of .these complaints to Council. -where_ nothing can be
accomplished other than redirect the inspections.
Mr. Wakefield: I would .agree.
Motion by Councilman Young, seconded by Councilman Lloyd, and
carried, to receive and file the reports.
CITY MANAGER
MIKE HANICH-°S CLAIM Motion by Councilman.Young, seconded by
FOR $1. 50 Councilman Lloyd; and .carried, to .receive
and=.file staff report,
WILLIAMS & MOCINE Motion by Councilman Young seconded -by
STATEMENT Councilman Lloyd, that the statement of
Williams and Mocine for services rendered
be paid in the amount of $1,224.00. Motion
25
REG. C.C. 9-14--70
City Manager - Cont°d.
Page Twenty-six
carried on roll call vote as
AYES. Councilmen Nichols,
NOES.- None
ABSENT: Councilman Shearer
follows.
Young, Lloyd, Mayor Chappell
CROSSING GUARD AT Councilman Nichols: Mr. .Mayor_.,.a.comment.
DURN.ESS & SUNSET I have , made.., the .
(Staff Report) observation .. that I
thought for..four...or. five. hundred .do..l1ar.s ..:.
that during the school year.service c.ould.be.
provided and I would like to.clarify for .the -Council, that the
crossing in particular concern has been a pedestrian crossing for
Edgewood High students for 4 or 5 years now and they have been cross-
ing all that time without a guard. There has really been no change
in conditions resulting in a request and none of the petitioners
were high school students. I think the area of concern is by parents
of the children of the age of 12 or 13 years going to an intermediate
school now. My thought at the time was that if service were provided
during the period when the younger children were using the walk that
would meet the essential need and if that were the case then those
costs would probably be half or less than the costs reflected here
in the report and that would be the four or five hundred dollar figure
I mentioned to Council.
In terms of the need for d t, I don't intend
to lobby anymore on this matter. I am aware .of all -of the
difficulties involved in it and the fact that we are getting mush-
rooming demands for these services all over the City. I would say
only that the courts-of.the State of California have long ago held'
that the matter of..pr.ovi_ding.crossi.ng guards for public school children
is the responsibility -of the.policing agencyof the City and that the
School Districts,, under Calif-orni.a law., could not spend the funds for
that purpose. There are court decisions that do support that, and. -I
am aware of that as a matter of experience in my career. I .think.the
only question .we have to resolve as a policy matter -.are the guards
needed? If they are in truth needed .and hazards do exist then I
don't think we, as a City. Council, c.an.skip..past.the obligation of
providing security -for the..children_i.n.our.community, and -if that does
mean additional taxes and we are approaching the time that we cannot
meet these demands .in our -City on the. current .tax basis: then I am.
prepared to say we should find the revenues to provide that,, just as
we found the.revenues, when it became necessary to seek them out.
because we needed -more money for our. schools-o
I recognize that - staff has done a.s.uper-
human job to try and serve the community with a very limited.tax base,
but we cannot continue doing so unless_we begin seeking the.funds
necessary to do this, and I think we mus.t..provide these services but
must also face. up to the.. reality. -that. they do...co.s.t..money... .I. ..think.
our citizens who come to. us asking for these things. -must be essentially
aware of what they are asking.fo.r in .dollars and cents. I..personally
have the same position that'I had before on the crossing guard
at that intersection. and -.I will also have it probably.on-several.....
others.
Councilman Young..-. Would it be..feas.ibl.e.-to reduce..the.hours.
so .they could eliminate. the.,_e.ar.lier.-hour-
7:53 a.m. for Edgewood?_ They terminate.
about the same time - 1:05.,,but there is a span where they begin at
2:13 - say if the crossing guard were over there about 3:0.5-for..._a......
half hour.
. ............ . .
Councilman Nichols: Gentlemen, I- think the City Cou.nci,l.. on
these matters, has an obligation, to, provide. -
safe passage across the streets/but-..I......
don't think the City Council or the schools have the obl.ig.ation...to....
extremely baby-sit the public. I really believe if it were feasible
and if this Council were in a position through the schools to announce
�X-lw
.REG. C.C. 9-14-70 Page Twenty-seven
City Manager - Cont'd.
to the people that during this 30 minute span there-w.i.11...be..a...guard.
at that crossing and if you are concerned about your child have.
your child cross at that time,. that there would-be- no.problem-.-Now
this time listed here for Wil.lowood School - 8:15 a.m. to 9.:15.a..m. -
well,rarely do we have children on our public school grounds-m.or.e
than 30 minutes before school time. The law does not even.,p.rovide-
for supervision for the .children at school .until a- minimum-of-30-
minutes before school opens., and,I would think.i.f we provided.these.
crossing guards-..and-..to.ld. the public through the schools they-
.would--.
be there, stipulating the time, that. then the publ.i•c has.. some
obligation to get them there. Otherwise you extend these hours.
and the costs become very .great. I recognize .these .is a corollary
problem here, that you hirepersonnel for only 30 minutes .and it i-s
difficult to do -so for less than an hour, but I do realize that in
this particular instance, two hours in the morning is an awfully
long time to provide a guard -for that: crossing. There. mus-t. -be .some .
less expensive answer.
Councilman Young.: There is another problem involved. I think
crossing guards for high school students
are considered an insult by them, but then there is the motorist
that comes along and is used to seeing crossing guards there -.-:-:I can
see a remote argument at least for responsibility on the part of the
City. Once you undertake something.do you undertake it all the way,
part of the way and can you time your responsibility where the uses
are.broader•than the time you allow to it? How about it)Mr. City
Attorney?
Mr. Wakefield: Again the problem with which we are dealing
with here is essentially the same. kind of
prob.l.em. we regularly e.nc.o.unter ..i.n the .Police
Department. It i•s .a .que.stion -o.f schedul-ing and. -how .mu.c-h time can you
allocate to the resolution ..of a particular-. problem.... .I.__think the fact
that the motorist comes_ to rely .on ,the existence.: 'of a cro-ssing... ,
guard really doesn°t impose liability upon the City if the City
determines a crossing guard is not.neede.d during certain hours. If
the motorist relies: on his being there and he isn't there, I think
he has to assume the consequence of that reliance... I guess what I
am saying is,I think it is within the province of the -City Council
to decide how much time is required at a given i.nter.se.ctionand
to allocate the time that seems appropriate under. th_e.circumstances.
Councilman Lloyd: Mr. Mayor - I_would .like to -comment. I
think -.this. involves policy. F.irst.. o.f. al.11 I
concur with Councilman Nicho.l.s in the..f.act
I think there is a.period of time which is reasonable and -prudent and
I hope
,,proper to provide assistance -or a guarding .situation for
youngsters going across the .street. SomehowJwe-hay.e..f.ailed in our
discussions here and I know they. are uppermost: in the minds.-of..•some.
or all, that there is a primary responsibility on the.par.t..o.f. .
parents to get their kidstoschoolandsee that. they are properly
instructed. And while itwas suggested by.an indi.vidual.earlier
tonight in oral communi.c.ation that s.omehow.I..wo.uld be responsible
if a youngster is. killed - I. would be- quick to say that ..I...would . not
be responsible if -a . y.oung.s.ter :.were -killed. - I do ...my .,le.vel_ be,s.t,as
does every member .of this Council, to provide an..order.ly...flow.o.f.
policy and I think. :I can -quickly. state- .that the -City ..-.Manager .and.,
his staff do their very best to provide an orderly flow.of._the.....
administrative.processes of this City and I assume .no_r.e.sp.ons.ib.ility
beyond that and that is .exactly what �'I think Mr. Nichols ..was say,.ing.,.
I _also would be .quick to .say there.._.i.s..
responsibility on -the part of children, certainly.of..-a reasonable-.,.
age, and I would say.a youngster in high school is one .o.f..re-as.onab.le... .
age, and if he proceeds to walk out.in front of an automobile/.I.._am.....
not personally going to spend.a great deal of time worrying,ho.w...it
was my fault. I think:somewhere along the line we can presume that
our educational process'is at least sufficient to insure the fact
- 27 -
Page -Twenty-eight .
REG. C.C. 9-14-70
C°t M r C t°d
i y an age on
that a youngster that reaches the age of 14 or 1.5 .kno.ws...how, to :stay
out of the way of traffic. I will go one step .further .and. -.-add,- .
since I am a little hotunder the collar about this is:sue,.that
there is a responsibility on the part of the motorist. ...If.,.he. ,
sees something i.n front of him. that looks', lik.e .a- child.-,dar-ting..-.
around and he .doe.sn't have the .common decency .and sense .to.. slow. his
automobile down, I- am under, the impression , that the laws. of .this . .
State provide some remedial.action in regards to -that individu.al:'..s.
driving abilities... In short.,: gentlemen, I think we_have...arrived ..
at the point where ..we have.a.responsibility�but not..the,.total
responsibility. It is: time that citizens of this commun ty,.and I
would like to. see. these words passed along, start - acting like .adult
citizens and recognize their respo.nsibilitym I -do not feel
personally chall.e.nged. in anyway, bec.aus.e. a child may. or. may. notbe.
killed.. I can't guarantee the life. -of any hum.a.n. bei.ng.,..o.ther..than
a reasonable attempt. to.provide services.within.the limitations of.
the monies provided to.: tFii.s. City, and that is my standon. it and I
am prepared to stand on it.very strongly. I think we have done
everything required .and -..I don'tthink. we. have. to...baby-sit-.-this
community. I .thi.nk. we have to do the best we. -can to serve. it.
Mr. Aiassa:, I would like to make the suggestion, being
that tonight by ora� communication) we do'
have 3 more locations, that we withhold
any action on this location and in the meantime I will try and cover
it on an emergency basis, and then see what we can work out on the
four locations have.the Traffic Committee meet and spend some
extra time on this with the Police Department and see what we can
work out in the way of a recommendation to Council at your next
regular meeting - September-28thp-also have the funding information
at that time.
Motion by Councilman Young, seconded by Councilman Lloyd, and
carried, referring this item .back to the City Manager for ..a f-u.l.l.._...
report on September 28, .L97.0.>;
FREEWAY WIDENING Motion by Councilman Young, seconded by -
REPORT Councilman Lloyd, and carried,.•.to receive.
and .file this report...
TOPICS Motion by ..:Councilman Young., . seconded by
Councilman Nichols, and carried, authorizing
the Mayor and City Clerk to execute the Consultant Agreement. with
Gruen Associates, Inc.., as revised in accorda-nce•with..State.
review, for the preparation of a TOPICS areawide.pl.anp and further
authorizing the Mayor and City Clerk to execute the. Local. -Agency.
State Agreement with the State: of California.
SCAG LETTER re
Mr. Aiassa,:- If Council concurs- with the
MEETING WITH RAY REMY
date of September 28, 1970,
at 7m00 P.M. final arrange-
ments will.be made. (Agreed)
UMARK WATER SYSTEM_.
M.ra . Aiass.a.:. This -(.meeting is...:-s.et�,f.or - .
ACQUISITION
September 21at:.,4 : 3.0.
_. _-and I. -can assure -Council,.
definite action one way or the other..
Councilman Lloyd:
Why are we having-a.special meeting onsthis,
I assumed we just had one, and I .am -sorry I
wasn't able to be there.
Mr. Aiassa:
-Two reasons. One;is the two attorneys are
getting together to formalize the agreement
far- .Council approval; and .also .we.. -had., to.
reevaluate some rates
as to- the tenure of time to be:.acq:uised-. _ We..:.
found we had to . ad.ju.st
'certain computations .and .we. were not ready
for release of these,
so the meeting was cancelled.* And I want to
thank Mr. Young for his
assistance.
28 _
REG. C.C. 9m14-70
City Manager
Page Twenty-nine
L�
Motion by Councilman Lloyd, seconded --by Councilman Young, and .
carried, to hold this item over to the adjourned regular meeting
of Council on September 21, 1970, at 4:30-P.M.
1970-71 WEED Mr. Aiassa: This.is an informational re -
ABATEMENT. PROGRAM port and.Mr,.Bonaparte is
(Report) here to answer any quest.i.ons
that you might have.
Motion by Councilman Younge...seconded by Councilman Lloyd, and
carried, to receive and file informational report.
MAYOR'S REPORTS
PROCLAMATIONS- Mayor.Chappell: We have requests for'
proclaiming White Cane
Days m October 2 and 3,
1970o and.Constitution Week September 17-23, 1970. If, there are
no objections, I will .so.proclaim.. (No objections.)
COUNCIL COMMITTEE Councilman Lloyd_: I .would. like to make a
REPORTS motion that proper
resolution be drawn up by the staff for
submission to the City of Covina and its.
baseball team, and I believe we had one/also.
Seconded by Councilman Young, and carried.
Mayor Chappell: That is the West Covina American Legion
Team, they won the World Series and the
Covina.Colts won their World Series. That
is quite an honor in, our.-commun..ity ..to..have. two such.. fine- b-all teams.
so close together.
Mr. Aiassa: Mr. Mayor, there is something afoot on the
West Covina group. The American Legion is
providing quite a:bit of benefits to them
and we would like authorization by.Co.unci.l that the Mayor.and City
Manager be authorized to meet on behalf of the City with the Legion
and see what we can do to commend them, because I believe the City
of West Covina received a.gr.eat deal of publicity on this entire
matter.
Councilman Lloyd: That was the intent and spirit of the
resolution® What else did you have in mind,.
Mr. Aiassa?
Mr. Aiassa: I believe the American Legion is providing
them with jackets and I thought we might
work something oust with .the Chamber of
Commerce and the City and give them something in 'the form of a
plaque with the city seal on it. They cost somewhereinthearea of
four or five dollars.
Councilman Young:
Mr. Aiassa:
Councilman Lloyd:
by the City Council is
Mr. Aiassa:
How.will'that be done in consultation with
the recipient thereof?
Each boy wo.uld.receive on,eo
Maybe I fail to .understand,. and'- if the. .
plaque is what you:want I wouldn't stand
in the way, but to 'me .a -resolution drawn up..,. -.-
like a proclamation.
The only problem is the'resolution.g.oes to
the team as a whole and .not the individual.
Councilman Lloyd:
It can be given individually.
- 29
REG. C.C. 9-14-70 Page Thirty
Council Committee Reports - Cont°do'
Motion by Councilman Lloyd that in addition to the consideration
of a Resolution that a meeting be held by the City Manager and
the Mayor to determine the best method of awards for the team.
.Seconded by Councilman Nichols.
Councilman Nichols: These are areas of sensitivity and I don't
intend to be at all offensive in anything I
say. In the last two or three years there
have been several occasions where groups have come before our. City
Council and have sought through one way or.another to g.ain.some
support. I can recall.when a high school choir.went somewhere to
sing, and a year ago when one: of our teams was going out.of.town on
a League game - it i.s.awfu.11y.hard to determine when some youth
group is meritorious- -and -when they .are not and .whenthey-have done
enough or not enough, but beyond all that I really do question
whether it is the function of the.City Council to utilize the tax-
payers•money to provide awards or recognition for individual seg-
ments of its community no matter how worthy they are -and at some
point I would suspect the City Council will be at the point where
we have to make some sort of decision. When these matters come up.
at that time)it is extremely difficult not to.react with compassion
and concern and say - well,geeB. these young people have done this
great thing and.we should help them - but at a time when these
things are not there in front of us and we really look at our
role as elected officials and the needs of our dollars and what we
are supposed to do with them, I don°t really think it is to be the
arbiters of who gets an award in our community services. I
would make contributions to a;group at one time and another at
another time/and I would urge our service. groups to .step in,'but I
think probably we should .give a lot- of thought .as we. imove .along in
terms of using our public..funds.for these .purposes- I certainly
subscribe to Councilman Lloyd°:s. motion, I am all in favor of it
and I think they deserve commendation and I.would.like to have them
out here in front of us and 'tel.l them how .proud we are and give
them a.hand and I think that might mean a lot.more than some other
things we might do, and if. the Chamber of Commerce and the'City
Manager and the Mayor would like to' meet..and come up. with .a token
recognition of some sort I certainly don°.t object to that, but I
felt propelled tonight to;say how I'feel about. these things and to
say it at a time when .it. wouldn't be in the heat of a -tremendous.
presentation or issue..
Councilman Lloyd: I, .happen to - concur very: strongly becau.s.e
you se.e I think a reso.l.ution ..by this. City
C.ouncil.., which .is of itself a sufficient
honor, and that is exactly what.we ,are be.s.towing. It is very
similar in concept to the bestowing of what Congress doe.s.with.the
Medal of Honor. And I amisure.if someone were to tell -the people
that won the Medal of Honor that piece of medal repre-sents the
ultimate of what your Country think--s and. that.i.s exactly. what it
does represent and .they don't get Jackets -or anythi.ng else. The
Medal of Honor .is the highe.s.t. honor his Country can bestow .and -it.
is a very small. Blue Ribbon with some Stars in i.t, . -and . that ... .is, .it.
That represents thetop of the heap - and I think. o.ur. procl.amat.io.n..
can represent the same thing. I think these.people have .achieved.
very well and I_ certainly commend them, but. I .can ..thi.nk ...of..sever.al. -
instances that have occurred where youngsters.•in.our.schoo.ls_.have
achieved in the • area of .academic capability- and-•perhaps-•I.•.am -a..
little sensitive9 .since my .yo.u•ngster. -won the Cal iforni.a-Science .Fair.
two years running in a row and no one even mentioned it .and...th.at.i.s
a s:i.ngular achievement and I don't -think he .should be sing.l.e.d o.utj -
but down deep , in my heart: I ' am just -as .proud of my .boy .in -that. -..case .
as some youngster .that has won in a baseball -game. Maybe..that..i.s-..-
wrong took but we probably have people that have achieved ..in..the_ .
area of Arts, etc. I think it is hard to distingui.sh_bu.t:I think...
we must keep in mind the concept of supporting the`se youngsters..,.
or.any youngster who achieves, whether it is in the..area;of .
the athletic field or the area of academic achievement.. _.I.. feel.
the recognition is well within keeping and I mean-tha't'yery strongly.
- 30 -
r REG. C.C. 9-14-70
Council Committee Reports - Cont'd.
Page Thirty-one
I
I will support the motion as I presented it and I think that'
determination can be made by the Mayor and the City Manager...
Councilman Young: I think about everything has been said. I
agree with both gentlemen that have spoken.
I suggest there is a tendency to give honor
to publicity and,of course the achievement that attracts pub'li(�.
interest gets the publicity, but that does not necessarily weight,
the value of the achievement over that which does not get publicity.
Mayor Chappell: I have often thought aboutthisand .
Councilman Lloyd brought it up - when his
son won those awards I was- a little bit
unhappy that certain other groups didn't take it in hand and do
something with it. I thought many times some sort of recognition,
whether it be in any of the capabilities of our students or people in
the community., should receive some sort of recognition whether it be
a letter from the Mayor or an organization, but something showing
that there were other people witnessing this event and appreciating.
it for the community and I have never really known how to bring it
about. Perhaps we should spend a little more time in reviewing
what the citizens of our community are doing - we don't have to
perma plaque them all but have proclamations written up when -a
student wins a Science Fair and when it is a second time it is like
winning the World Series twice in a row. I think they .41 ould get
this recognition and I am positive that a student in our City that
got a letter from the Mayor - whoever. he may be - congratulating
him on his achievement or for being on the Dean's list or whatever,
really would appreciate it along the way.
Councilman Nichols: I agree with that wholeheartedly.
Mr. Aiassa: The main point I wanted to mention to
Council is that the newspapers will take
two pages when some youth or someone
does something bad and I think it is time that recognition is given
to the fact that there is a lot of good things being done by people
also.
Motion carried.
DEMANDS Councilman Young: Mr. Mayor, may Council-
man Lloyd be
designated as the Council
signator on Demands in the absence of Councilman Shearer?
Mayor Chappell: I will so designate.
Motion by Councilman Young, seconded by Councilman Lloyd, that Council
Approve Demands totalling $404,473.72 as listed on Demand Sheets
C725 through C729. This total includes payroll. Motion carried on
roll call vote as follows:
AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell
NOES: None
ABSENT: Councilman Shearer
ADJOURNMENT
1970 at 4:30 P.M.
ATTEST:.
Motion by Councilman Young, seconded by
Councilman Nichols, and carried, adjourning
this meeting at 11:02 P.M., to September 21,
.l
APPROVED
MAYOR
CITY CLERK