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11-09-1970 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 9, 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 Russ Nichols; the invocation was given by the Reverend John L. Reid, Jr., of the Community Presbyterian Church. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present: George Aiassa, City Manager Herman R. Fast, Public Service Director George Wakefield, City Attorney Lela Preston, City Clerk Richard Munsell, Planning Director Bert Yamasaki, Ass°t. Planning Director George Zimmerman, City Engineer Louis Winters, Civil. Engineering Associate Deputy Chief Craig Meacham Ross Nammar, Administrative Analyst Terror Brandt, Administrative Analyst, Jr. APPROVAL OF MINUTES October 19, 1970 PRESENTATION Motion by Councilman Lloyd, seconded by Council- man Young, and carried, approving minutes as submitted. Award to West Covina Presentation made by Mr. Charles F. Hardy Police Department of the National Safety Council, Los Angeles Chapter,to the West Covina Police Depart- ment. The second place award plaque for safety operation in the 25,000 to 50,000 mile monthly section was given to Deputy Chief Craig Meacham for the Police Department. Mr® Hardy said '°A.s you mentioned to me privately, you hope to make the first place award next time and I hope so too." Deputy Chief Meacham.accepted the plaque and thanked Mr. Hardy. Mayor Chappell also thanked Mr. Hardy for his coming to West Covina and making this presentation, which the City was proud to accept for their Police Department. AWARD OF BIDS PROJECT NO. SP-68017 LOCATION: Cameron Avenue between Hollenbeck STREET IMPROVEMENTS and Citrus Streets. CAMERON- AVENUE (Council reviewed Engineer's report) ` The City Clerk advised.7 bids were Clerk at 10:00 A.M. November received in the Office of the City on 4, 1970; all bids were checked for errors and determined to be valid bid proposals: BASE BID ALTERNATE BASE BID Aman Bros. Inc., Covina $117,443.72 $117,443.72 Sully -Miller, Long Beach $120,6,65,75 $119,665.75 Griffith Co.. Los Angeles $125,732.65 $125,732.65 Vernon Paving,,Los Angeles $128,738.50 $127,738.50 Strecker Const. Santa Fe Springs $130,667.50 NO BID F.W. Richter, Sierra Madre $131,239.35 $126,739.35 Louis S. Lopez, Glendora $144,978.60 $144,978.60 - 1 - • • REG. CITY COUNCIL - 11-9-70 Page Two Award of Bids: Project SP-68017 Motion by Councilman Lloyd, seconded by Councilman Young, that the Alternate "A" bid of Aman Brothers, Incorporated of Covina, as presented at the bid opening on November 4, 1970, in the amount of $117,443.72 for Project SP-68017 be accepted, and that the Mayor and City Clerk be authorized to execute an agreement with the said Aman Brothers, Incorporated for the work to be done. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PUBLIC WORKS ITEMS LOCATION: Northwest Corner of Citrus Street and Workman Avenue. (Council reviewed Engineer's Report) RESOLUTION NO. 4247 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING GRANT DEED, MARILYN N. CHAMBERS AND PAULA M..NIGG, AND DIRECTING THE RECORDATION THEREOF (Unclassified Use Permit No. 149)." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PROJECT NO. MP-7109 LOCATION: Citywide. AERIAL PHOTOGRAPHS (Council reviewed Engineer's Report) Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, approving specifications for City Project MP-7109, and authorizing the City Engineer to call for bids. STREET LIGHTING DISTRICT LOCATION: Throughout City. NO. LAD 1971-1976 Proposal of Laurence J. Thompson, Inc., Assessment Engineers for special assess- ment engineering services for Lighting Assessment District No. 1971-1976. (Council reviewed Engineer's report) Mr. Aiassa: The report Council has is self-explanatory. Mr. Rossetti, Assessment Engineer, is present if Council has any questions. This is the standard approach we have used for the last ten years. Councilman Shearer: A question. What is this in total cost to the City? Patrick Rossetti There are about 20,000 parcels in the City Assessment Engineer at the present time and we think there are L. J. Thompson Co. 4 or 5 annexations ,.that might come in, running around 21,0'00 or 22,000 total. Councilman Lloyd: What does this cost the average homeowner that participates in the District? Mr. Rossetti: The actual total assessment in the resi- dential area runs about $12.00 a year. That,of course,not only covers his own lighting but helps out with all the arterial lights. Councilman Lloyd: These lighting districts are done in other cities also - - in LaPuente, Walnut, Covina? - 2 - REG. CITY COUNCIL - 11-9-70 Page Three Public Works ----Street Lighting District_ Mr. Rossetti: Yes they have lighting districts. Some are financed out of city taxes until the lighting district becomes total in the • City and then the burden becomes quite large and the City turns to this type of a District. • Mr. Aiassa: I would also like to advise Council the City of West Covina was -recognized as one of the few cities in California that had its City almost completely lighted by street lighting and we had a special write-up in Western City Magazine for this achievement and this is not an easy achievement. (Explained in further detail.) Mr. Rossetti: Yes, it took us about 9 years and this City is one of the best lighted cities outside of the Los Angeles area. Motion by Councilman Lloyd, seconded by Councilman Young, and carried, authorizing the Mayor and City Clerk to execute the agree- ment for assessment engineering services with L.J. Thompson, Incorporated, for Street Lighting District LAD 1971-1976. PLANNING COMMISSION Review Summary of Action,. (Council reviewed written summary a) October 21, 1970 reports of action taken by the b) November 4, 1970 Planning Commission.) Councilman Nichols: Mr. Mayor - not being a representative to the Planning Commission and not having seen the minutes of the meeting, I am a bit ignorant of the specifics of Variance No. 654 at 841 South Hollenbeck, where the front yard setback was reduced from 25° to 12%1, and I would like some clarification on the request and the action. Mr. Munsell: The November 4th meeting request by Mr. & Mrs. Wallis Hannah pertained to their property located on Hollenbeck between Vine and Cameron, where property, in the last several months, was dedicated for street improvements. The property is a little over 3001 wide and there is an existing residence on an extremelv large piece of land far in the rear of the property° The applicant .for the Variance has constructed a swimming pool in the front of the house behind the front yard setback. The house is in the rear yard and the swimming pool is where the house would be and then there is a front yard. The applicant felt he would like a little more deck in the swimming pool area in order to have a diving board,, and has asked for a slight encroachment into the front yard setback. It is perfectly possible, with the swimming pool where it:is to build. a fence out of the front yard setback and the swimming pool and fence will be legitimate. The deviation is requested because he would .like a little more room in the neighborhood of 4 to 61, and it is for about 371 of the 3001 plus frontage. This deviation is adjacent to what we would call a reverse corner lot. This is a piece of property that sides on Hollenbeck and faces the :street to the north of this property. The future subdivisions to the south of this property will also have a reverse corner lot situation. These pro- perties siding on Hollenbeck have a required side yard setback of 12%1 so it was felt reasonable by the Commission that a slight deviation of about.41 should be appropriate. (Explained in further detail.) Councilman Nichols: What would be the result if another tract .map was submitted that did not have the new developments in the area side onto Hollenbeck or if some plan were developed to have the properties in the new subdivision fronting on Hollenbeck? Mr. Munsell: It wouldn't be a significant problem because the 371 is adjacent to the exist- 3 REG. CITY COUNCIL - 11-9-70 Planning Commission - Review of Actions Page Four ing structure which it does'site on and this would leave, I believe, the frontage of the property is in excess of 501 of the requirement and it is only a deviation for 371 on one side of the property, so there would be somewhere in the 'neighborhood of 201 where the full setback of 251 would be required and it would not be a bad situation. Motion by Councilman Shearer, seconded by Councilman Young, and carried, receiving and filing the summary of action of both meetings. PRELIMINARY DEVELOP- (Mr. Aiassa advised Lee Sharfman, architect, MENT PLAN - CORTEZ would give a brief summary presentation.) PARK Lee Sharfman, Architect (Maps displayed on the Board pertaining to Armstrong & Sharfman the proposed long range plan improvements at Cortez Park.) The 20 year. Master Plan for Cortez Park,* bounded on the east by Citrus, on the north by the future alignment of West Covina Parkway, and on the south by Cortez. The design for the park came about as a result of a study of a great number of alternatives, possibly 6 or 7, utilizing various parcels of land for future acquisition. After the program was defined and the site designed this was determined to be the most feasible and would yield the greatest return to the City for the amount of land avail- able. (Explained the terrain of the land, which included a natural water course and spoke of the various things to be built along the natural water course such as Montezuma Castle, Toluca Pavillioni with a platform out over the water and ending up in a small lake.. Stated-the"Park plah_"provides for a large community facility proposed to be developed from an existing church which will be acquired, and this building will include all types of.activities needing a protected facility; there will be 3 parking lots; bicycle locations; eventually 6 tennis courts and at the present time there is sufficient land space for 2 tennis courts; a football field; baseball field; play areas; picnic areas; etc.) The major sports facilities have been left pretty much as they are, although expanded a little. One of the fields will be moved in the long�- range plan. Also proposed is a new food take-out facility, along with a second locker room and restrooms and a small amphitheater. (Pointed out that just about all the trees existing would be saved, along with a large amount of augmentation of trees. Also proposed for very long range considerat.ionjthe acquisition of the one row of residential lots on Montezuma Way, which would give the park full streets on all four sides and protect the adjoining uses from park noises and provide a little bit of buffer for the water course area,.which unfortunately is existing,and should not be moved, and is right close to the boundary. ) Councilman Nichols: How do you plan to handle the movement of water from the mountain top down to the lake? Do you have a recirculation plan or do you just plan to operate during the wet season? (Mr. Sharfman explained how it would be done, stating pumps would be used to recirculate the water from top to bottom.) Mayor Chappell: Our plan is to remove the present rec- reation building and relocate it up in the church facility when that is acquired? Mr. Sharfman: Yes, what we tried to do is to take those areas which either call for acquisition or demolition of existing facilities and make it possible to build incrementi.y the increases in the park and replace a facility before the old facility is removed. It does call • • I REG. CITY COUNCIL - 11-9-70 Page Five Preliminary Development Plan: Cortez Park for the Fire Station and the present Recreation Building to be demolished. Mayor Chappell: What would be your first increment as it now stands? Mr. Sharfman: We have not gone into that yet, this is just the preliminary general plan. Councilman Lloyd: I thought - Mr. Aiassa - that we had talked about the possibility of some covered facilities, and I don't see them? There are no covered athletic facilities. Mr. Sharfman: No - I don't know about covered athletic facilities. Councilman Lloyd: I talked to you - Mr. Aiassa - and I thought you led. me to believe there would be some covered facilities. It would appear to me that one of the crying needs of our City, in addition to additional parks, is the need for some covered facility for basketball, volley ball, and things of this type, that could be played in the winter months. The baseball field is that going to be expanded? Mr. Sharfman: The field is 100 yards now and the difference is only about 101. Councilman Lloyd: In other words,it is capable of handling any high school or some other allied type Activity? Mr. Sharfman: Yes, and when I mentioned earlier there were 6 or 7 alternatives considered there was some consideration given to a major athletic facility/ and we did a number of studies on this which were reviewed by staff and it was decided at that time that this would be a park for general use rather than dominate these very nice sites with a major ahtletic f acilityfthe multiple facility would be built elsewhere. Maybe that is what,you:-are referring to? Councilman Lloyd: No. I know exactly what I about, but that is at this not. be gone into. I will with staff. was talking point) one that need discuss it later Motion by Councilman Nichols, seconded by Councilman Shearer, that the City Council approve and accept the Cortez Park preliminary development plan as presented. Councilman while, appear change we are and I tions is not staff Lloyd: Before we go forward with the approval of the plan the way it is�I would like to have the Council at least hold it over for a little until I can more fully understand some of the things that to be changes at this point. I don't think it will materially what they already have�but just in the in of making sure going in the direction that some people have expressed to me - am not talking about staff,,but other people;there were indica- that a covered facility would be included, which obviously it at this point. I would like to discuss this further with and have a little manuevering room, at least. Councilman Nichols: In that there is certainly no controversy and my motion is one only to carry through the City°s business; I have no objection to Councilman Lloyd's desire to have additional time to reflect on these studies and with the concurrence of the second, I will withdraw my motion rather than vote on it. (Councilman Shearer concurred.) - 5 - • • REG. CITY COUNCIL - 11-9-70 Preliminary Development Plan: Cortez Park Page Six Motion by Councilman Lloyd, seconded by Councilman Nichols, and carried, to hold this item over for two weeks. HEARINGS ZONE CHANGE NO. 445 LOCATION: Northwesterly corner of PRECISE PLAN NO. 598 Glendora Avenue and Christopher Street. Mr. & Mrs. Lawrence REQUEST: Approval of a change of zone Bassett from the N-C and R-A zones to the S-C Zone and approval of a precise plan for a one-story office building, a two-story office building and one commercial building on an irregularly shaped 98,195 square foot parcel. Recommended by Planning Commission Resolutions Nos. 2291 and 2292. (Mr. Munsell, Planning Director, summarized Planning Commission Resolutions 2291 and 2292; slides shown of the location and explained in detail. Conditions of approval read, including Engineering and Fire Department requirements.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 445 and PRECISE PLAN NO. 598. THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: Mr. Mayor - I would like to direct a question to staff relative to Item (i) of the Engineering Department requirements. This appears to be somewhat ambiguous in that it states the driveway width maximum shall be 351 and in the next sentence states it at 30°. Is this a typographical error? Mr. Zimmerman: This is a typographical error and it should read that "no driveway shall be more than 301 wide" which is our normal standard requirement. Councilman Nichols: Then where it states "Maximum width shall be 351" on Glendora Avenue., this should be reduced to 301'? Mr. Zimmerman: That is correct. Councilman Nichols: I find this an excellent piece of work both by staff and the Planning Commission. I think it is one of the finest precise plans I have seen and has taken into consideratim many of the prob- lems I have voiced and I would like to compliment staff and the Planning Commission in particular on Item 8 of the conditions, whereby the single family residents are to be protected from the invasion of privacy by the screening device or the removal bf windows.. In the 7 years I have been on Council this is the first time I have seen this type of restriction placed on a development of this type in the City and I am pleased and proud they have taken this step to allow appropriate development and at the same time protect those existing in the area. All other aspects appear to be well.thought out and are very effective and I am pleased with it and certainly prepared to vote "yes" on it. Councilman Lloyd: I am for it also along with Councilman Nichols. Councilman Shearer: I would like to have the slide which shows the layout of the parking. I have one criticism to make on the most easterly driveway exit onto Christopher Street. I see approximately 6 parking spaces that seem to me to be very close to Glendora Avenue and cars exiting and obviously it will be an exit only, are going to find it a little difficult to make a left turn to get out onto Glendora Avenue. Are those 6 spaces required to give the necessary parking? - 6 - REG. CITY COUNCIL - 11-9-70 Page Seven HEARINGS - Z.C. #445 & P.P. #598 Mr. Munsell: I believe there are a few extra spaces for the total plan-, however, they have been relegated to the first phase because the Social Security building feels they need more than our standard parking requirement. The driveway as you see it is extremely tight and staff has expressed concern. However,the proposal is to use an existing driveway)which was a service station driveway, and it apparently worked at very high volume under the service station use, and while we wouldn't feel it is an ideal.driveway, it has demonstrated it will work. The applicant has indicated to us that it is extremely important to him to have parking in front of the structure. It is unfortunate the applicant is not here tonight to defend his own plan. Councilman Shearer: That may be true, that it is important to him,but I feel the clients' safety is also important. What is the dimension there? Mr. Zimmerman: I believe it is a 350 dimension and it is the normal dimension we use in such other installations. Councilman Shearer: The problem is if there is one person waiting for the stop sign the other guy cannot get out. If staff feels it worked before I will withdraw my comment and vote for it. Motion by Councilman Nichols, seconded by Councilman Young, that City Council approve Zone Change No. 445 and Precise Plan No. 598 incorporating all the conditions as per staff report dated October 71 1970. Motion carried on roll call vote as follows., AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None MAINTENANCE DISTRICT #1 LOCATION: Amar Road and Azusa Avenue. WOODSIDE VILLAGE HEARING of Protests and objections to the PROTEST HEARING formation of Maintenance District No. 1 - Woodside Village, set for hearing on this date by Resolution No. 4236 adopted by the City Council on September 28, 1970. (Council reviewed Engineer's report.) Mayor Chappell: Madam City Clerk, do you have the affidavit of publication? City Clerk: Yes, I have. Mayor Chappell: I will entertain a motion to receive and file the affidavit. So moved by Councilman .Nichols, seconded by Councilman Young, and carried. Mayor Chappell: Mr. Assessment Engineer.do you have the factual data relative to this District? Patrick Rossetti Yes, I do. I have a map, if you would Assessment Engineer like to examine it. (Map given to Council.) L. J. Thompson Co. The District is divided into three areas: one carries the apartment houses and there are 868 planned for the area; the R-1 which is the central area) and that is contemplated as 551 houses and that mainly will incorporate the open spaces; and then at the bottom portion of the map you have the proposed mobile home area with 504 spaces proposed. We have calculated approximately taking in all the practical assets of it, such as water, setting up of new equipment, estimating 5 men will be needed constantly to maintain it and the replacement of equipment and facilities, at a cost of around $100,000 and this is on the high side since it is only an estimate and at the present time all we have - 7 - REG. CITY COUNCIL - 11-9-70 Page Eight HEARINGS MaiLntenarece District No. I.- Woodside Village to look at is open territory. In trying to arrive at some method of assessment equitable to all three areas involved, after considerable study, we arrived at the point that all of the apart- ments, R-1, and mobile homes would share a basic benefit of $12.00 per year. In the apartment house area we realized approximately $10,400 per year; within the R-1 zone we would pick up about $70,000 and in the Mobile Home about $20,OOO. The reason for that is because most of the open space area is beneficial to the R-1 areas. However, the Mobile Home does have quite a considerable portion on the north, yet within the area they are located on and that they are going to develop, there is a wall of about 101 from where the mobiles are and then beyond the wall they still own land and that is why we have broken this up to the $20,000, $70,000 and $10,400 figures. The Mobile area, I presume;is one parcel of land, and the apartments two parcels of land but I believe when developed it will go under one ownership or one control. So when we spread the assessment we will put a $10,400 assessment against this which will be collected in a lump sum by the County or the City. The same will apply in the Mobile Home area. We have a different situation in the R-1 and that is as this is developed each lot will have a different size so we are going to realize $70,000 in there but each lot will be assessed on its own evaluation. $12.00 for the apartments; $12.00 plus $115 for the R-1; and $37.70 for the mobile home. Some will be a little higher and some lower' and the reason for that is the law we are working under does not have provision for setting individual assessments such as the. lighting district has. There will be individual assessments given to them but they are based on assessed valuation instead of as we do on lighting where we base certain amounts against each parcel of land and that is collected by the County. If that can be done and as far as I know it hasn't been done previously, but I can talk to the County and see if a card system can be set up and these amounts are picked up automatically each year. We have set the system up in 5 year periods, actually it will be in perpetuity but there will be certain revisions from time to time. The area that will be developed R-1 is in about 8 phases. Each one will be developed and each one picking up its share of the open spaces. I talked to the developer and he thinks all of the homes in the R-1 willbe developed by the end of next year© They will pick up all the charges on the cost and maintenance of this until July 1, and then this District becomes effective and we will place the assessments against the properties which will become due the following November. At anytime you have other developments - across the street or kitty- corner to this, those areas will be brought in since this is a permanent District and at that time they will stand on their own feet and we will create other zones. In this case I created a District benefit for the entire three areas and then the R-1 becomes a District Benefit plus Zone 1 and the Mobile Homes District Benefit plus Zone II. As these other areas come in they will be treated the same as this, but they will stand on their own feet with regard to cost. When the entire area is developed then it will be consolidated and an attempt will be made to bring them into a closer assessment covering the entire area. Councilman Nichols: Did I hear you say the developer had indicated to you that all 8 phases of the R-1 portion will be completed within a year? Mr. Rossetti: That is what he led us to believe at the conferences we -had. Mr. Aiassa: Councilman Nichols and Mr. Rossetti - I think we have a representative of the developer here tonight - if he may speak? M:� REG. CITY COUNCIL - 11-9-70 Page Nine HEARINGS - MAIN. DIST. NO. 1 - Woodside Village Don Gilson Donald L. Bren Co., 15233 Ventura Blvd. Sherman Oaks what happened, someone consider sometimes the homes we have going in houses between now and Mayor Chappell: Mr. Rossetti: Councilman Shearer: Mr. Rossetti: I am not quite sure where the number came from, but I think you all realize to build over 550 units in this first year between now and July 1, is very unrealistic, as Councilman Nichols pointed out. Possibly said the first phase we would do and we first phase as each of the various types of and that would more likely be 150 to 200 July 1. Will that change your plans any, Mr. Rossetti? No, it does not. We are going to base our assessment on the land only at the present time. Did I understand you correctly to say that $127.00 per year would be what the R-1 would be paying for this assessment district? That is right. Councilman Shearer: That is a lot of money for that area to be paying and I am sure we will be hearing from those people after they move in come tax time next November. Mr. Rossetti: In our discussions with staff and the company, we worked out a method that in the approval of the plan by getting the District approved at the present time, that when these people go into escrow they will be notified that these charges will be lodged each year; so when he buys the house he will know that these charges will be there and he will know what he is walking into and that they may be increased from time to time. Mr. Aiassa: I think we could answer that question in this way - in the area Development Plan sub- mitted by the developer and reviewed by the staff, this green belt surrounds a lot of the R-1 area and it is going to be a perpetual park area and each one of the lots will not be as large.as our customary lot is in the City. This was one reason that one of the attempts made years ago for cluster type housing with open space around it - we found out in some of the areas that had such experiences that they failed because of the division of property as to who gets what and where. This way this will be perpetually public and will be maintained. Also this happened in San Dimas where they --,J;et the people move in and -then tried to create the Assessment District, which should have been done in the first place. This expense includes watering and all the expenses that normally go with the landscaping of your own grounds. Councilman Shearer: My point was to make sure the developer arrives. I don't are going to have November and the against this but amount to such a thing. Mr. Aiassa: will make this point clear to the purchasers. But the impact never hits until the tax bill care how much the salespeople tell the people you to pay this they don't pay attention, but come tax bill arrives in the mail - - I am not talking when we went into this I didn't realize it would steep amount per lot, although I think it is a good would make an analysis I think Mr. Rossetti did outline the master program and stated that after the entire development is completely up we again and maybe redistribute the costs. (Mr. Rossetti re -explained how he arrived at the basic charge of $12.00 applied to all areas and that the cost of $100,000 may drop - 9 - REG. CITY COUNCIL - 11-9-70 Page Ten HEARINGS - MAIN. DIST. NO. 1 - Woodside Village 25% but over a period of time it may also go up too, but then it may neutralize itself. Mr. Wakefield: Mr. Mayor and members of Council, it should be pointed out that these are estimates only that Mr. Rossetti is giving so far as this proceeding is concerned, and as he indicated they are on the high side. The -actual amount of the assessment will be predicated upon a budget which will be adopted by City Council at approximately the same time you adopt your regular city budget, which will provide for the maintenance and whatever improve- ments are to be made in the open space areas. -So that as a practical matter, I think, the figures that have been given are on the high side. Councilman Nichols: During the period between the time that the improvements are made, which require the effective assessments of the District and the time the property is improved and homes are sold and occupied', is it the general procedure for the developer to be assessed for the amount that does accrue to those particular parcels? Mr. Wakefield: Yes, Councilman Nichols. A District is being formed now and actually the first assessments will not be made until the fiscal year beginning July 1, 1971, and the assessments will be for that year. In the interim, between now and July 1, 1971, the developer will pay for and maintain the improvements and thereafter the cost for maintenance will be collected on an assessment basis. If the properties have been sold the new owner will pay the assessment, if not the developer will continue to pay. Mayor Chappell: That is after we accept the land itself? Mr. Wakefield: That is correct. Mayor Chappell: Madam City Clerk, have you received any written protests or objections against the Woodside Village Maintenance District No. 1? City Clerk: No, I have not. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF PROTESTS ON MAINTENANCE DISTRICT NO. 1, WOODSIDE VILLAGE. M. Walker I realize this may not be pertln' Ent-. to what 1201 West Durness is being discussed here, but in view of the West Covina high property tax that has been assessed for the last year which has raised taxes in the amount; of $180.00 to my bill, I am being forced out of my home and I feel this is ,pertinent to what was said about people being told of the assessment they will have to pay. I am trying to discuss taxes realistically but I think that the Council should bear in mind that I, along with a lot of other citizens, will be forced out of our homes. I realize the County is imposing this 25% welfare tax but I don't think it is going along with the wishes of the people or with the present state of times. Mayor Chappell: Mr. Walker: going to own their home, You realize strictly on built? Yes, but I be brought additional it is going that this assessment is the area that is now being think enough publicity should out advising them of this assessment. They are not to be owned by the State. - 10 - REG. CITY COUNCIL - 11-9-70 Page Eleven HEARINGS - MAIN. DIST. NO. 1 - Woodside Village THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. CITY COUNCIL DISCUSSION. Councilman Young: A question of Mr. Rossetti. As I see its you are essentially talking about $100,000 per year and you talk in terms of $70,000 from single family, $20,000 from Mobile Homes and $10,000 from apartments. It seems to me the assessments are somewhat in reverse of the prospective use. The single family, of course., has the greater area around the home; itself, whereas the Mobile Home is a very limited area and the apartments even more limited. The man that buys the home is making his annual payments and hopes to own it sometime and he is stuck with the taxes Mr. Walker spoke of and I am sure we all share Mr. Walker's feelings. -as homeowners. The Mobile Home is essentially owned by somebody who is collecting rent and making an income off of it annually, likewise the apartments, and there is an opportunity to pass and spread the cost to where it would really be less damaging than in the case of the single family resident who is also faced with all the other taxes going up - school services, city services, welfare, etc. Has consideration been given along this line? This area is for use and the child in the apartment and the child in the Mobile Home needs it a lot more than the child in the single family residence and this goes across the board for the adults as well. Mr. Rossetti: Yes, we have given quite a bit of considera- tion to that. However, in spreading an assessment you have to develop equity and how it affects all of the property within the area and whether it is a commercial basis for the collection of rents on the mobile home or the apartment, or whether it is R-1, the assessment must be spread on the basis of benefits to the individual parcels of land on the large parcel, and we have come up with the best possible plan that we could justify and defend. I would say that in spreading the assessment it would be a lot easier to load up some of these apart- ment house areas, also the mobile area, however/we couldn't justify placing that much more money on them. We are stretching the point even on the apartment houses, but since the amount of money is a small denomination we felt it was justified, but if your open spaces ran into a great deal more money we would have to have a different approach to it, but we felt spreading it at a $1.00 a month that we are being fair. The mobile homes and the R-1°s have the greatest benefit in proximity. The apartment people have to come a great deal of way and through a narrow easement to get to the area. Alsol due to the fact that this area is directly behind the R-11s, if that property is not maintained in this manner it would probably pose a problem more so for the R-1 people than the apartment dwellers, or the mobile homes. Councilman Young: I agree the open space essentially adds to the R-1 rather than detract and would have to be maintained to keep up the value of their homes, but if this District is adopted along the lines we are discussing and if experience shows contrary uses, in other words shows the use is still benefited more to the high density type developments, I take -it we.would.reappropriate accordingly. Mr. Rosse.tti: I would say if this develops into a different patternethen we can take a good look at it and _.reapportion in a different manner. At the present time we have to look at the particular spread but if you add other areas adjacent to it - north, south, east and west, then you would take a different approach to it. It might level them out a little more, but at the present time it is quite difficult to take a different approach. Mayor Chappell: How can we make sure that when the people buy a home that this will be assessed against them? Is there anyway we can put - 11 - REG. CITY COUNCIL - 11-9-70 Page Twelve HEARINGS - MAIN. DIST. NO. 1 - Woodside Village any rules into our maintenance zone stating that they must advise them? Mr. Wakefield: The fact of the existence of the Main- tenance District will be shown in the report which is prepared by the Real Estate Commissioners. As a particular matter I suppose too few of us read the reports before buying a particular piece of property,, but other than that there isn't much in the way of an -effective device by which the City can make the fact known that this partic- ular area is included in the Maintenance District. But these kinds of Districts are becoming more and more commonplace as the trend is toward development of more open space and I think the average buyer is becoming more aware of that fact. To answer your question specifically, aside from the fact it will appear in the report of the Real Estate Commissioners I don't know of any effective way to notify prospective purchasers of the property. Councilman Lloyd.: I am not real sure who can answer this for Mr. Walker, but I think something you might be aware of on a percentage factor that the City taxes including this type of assessment District will probably not amount to more than 12% of the total taxes the homeowner pays. That does not, however, detract in :any. way from what you said. The School District tax is usually somewhere in the neighborhood of 45% to 55%, and then there are other Districts and services which cities and counties provide. The tax increase which you were alluding to was one imposed by the County and while we suffer in the same way that you do, this City had no control over that increase. I do feel you are entitled to an answer on it and indeed, as you have already seen, the people here are very much aware of the burdens being imposed by taxes. RESOLUTION NO. 4248 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ORDERING THE FORMATION OF WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 1 IN ACCORD- ANCE WITH RESOLUTION OF INTENTION NO. 4236." Mayor Chappell: Hearing no objections, waive further read- ing 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 Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None THE CHAIR DECLARED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:15 P.M. ZONE CHANGE NO. 442 LOCATION: South side of Cameron Avenue, PRECISE PLAN NO. 599 adjacent to and west of the Walnut Creek Maurice Zebker Channel. REQUEST: 1) 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 uses on the -:existing O-P and proposed O-P zoned parcels of.4.39 acres.,�-i�ecommended by Planning Commission Resolutions Nos. 2276 and 2277. Phases A and D approved 8/24/70; Phase-s B and C and Zone Change held over to 9/14/70 and then to 10/13/70 at request o applicant° Applicant further requests that matter be held over .2/14/70,*: Mayor Chappell.::'-' We have 'now received. a-,16_ter from( the applicant re questingr..this matter.be held_.over..for 9.0 day.ss.this additional.:.time,.is. needed to co- ordinate the signing of the lease and the working drawings at two separate corporate levels. What is your pleasure, gentlemen? - 12 - REG. CITY COUNCIL - 11-9-70 HEARINGS - Z�P. #442 & P.P. #599 Page Thirteen • • Motion by Councilman Young, seconded carried, that Zone Change Application No. 599 be continued to the agenda of February 8, 1971. PLANNING COMMISSION - Cont°d. VACATING EASEMENT AND CERTAIN RIGHTS LOCATED IN THE PREVIOUSLY VACATED VINCENT AVENUE and VACATION OF PORTION OF PASS AND COVINA ROAD need the utility easements Councilman Nichols: Mr. Munsell: by Councilman Lloyd, and No. 442 and Precise Plan the Council meeting of Mr..Munsell: Both items are items that were presented to the Planning Commission on the vacation of streets and would require that the Council re- fer back to the Engineering staff for drawing up of the resolution and for finalizing of the agreement with the utility companies stating they do not right-of-way. Does the same thing hold true for Pass and Covina Road? That is correct. These are two easements. Councilman Nichols: Why do these"items come on the agenda in this fashion rather than with the covering materials? Is there a time element involved? Mr. Munsell: No, the Planning Commission had instructed the Secretary to advise Council of its findings and recommendations in a covering report and the staff did not have time to prepare all the necessary paperwork. Motion by Councilman Nichols, seconded by Councilman Young, and carried, that these two items be referred back to staff for formal recommendations. APPOINTMENT OF AD HOC Mr. Munsell. As you recall in one of COMMITTEE - WALNUT our previous planning and WEST COVINA bulletins there was a joint meeting between the Planning Commissions of Walnut and West Covina. Coming out of that meeting was a recommendation by both/and sub- sequently a motion by the West Covina Planning Commission request- ing the City Council to appoint an Ad Hoc Study Committee to meet with a similar committee of Walnut, proposing that this Committee be made up of the Planning Directors and two Commissioners. This Committee would be formed to study such things as traffic and circulation pertaining to Woodside Village, specifically street right-of-way widths, boundary alignments, etc. As you recal4 there is an irregular boundary which will not conform to the street pattern when we finish,and there should be some adjustments to make ease of maintenance and police enforcement more effective. In addition we have established or started a continuous system of open space and trails which we would like to work into the Walnut Master Plan and eventually tie in with Galster Park and whatever open space we can establish with the present dump site property. So there are a number of activities that the Commission felt might be jointly solved, making recommendations to the Councils at the appropriate times. Mayor Chappell: Do you have the recommendations from the P.-Ji-anning Commission as to who is to be appointed? Mr. Munsell: The Commission did not designate its members. It was indicated it would be the Chairman plus one other member. If the Council would give its blessings then the Commission can come - 13 - REG. CITY COUNCIL - 11-9-70 PLAN. COM. - Ad Hoc Study Committee Page Fourteen back with the appointed members. Motion by Councilman Young, seconded by Council -man Lloyd, that the City Council authorize the participation of the West Covina Planning Commission and Planning Director in an Ad Hoc Study Committeesmeeting jointly with a similar Committee from the City of Walnut to study the joint problems set out in the recommenda- tion, and that the Chairman of the Planning Commission be authorized to appoint representatives from the Commission to that Committee. Councilman Nichols: I have always tended to feel that the existence of intercity Committees, unless very clearly defined, can lead to the development of political problems and staff difficulties, and I would hope that the Ad Hoc Committee would very precisely define its particular activities. I have one particular area of concern, the listing of city boundary adjustments. There conceivably could be times when the City boundary adjustments might relate to certain use of open space or certain planning activities that would involve both cities, but if a group of people straysa little bit afield and begins to discuss boundary adjustments that lean more toward the political than the planning arealwe can run ourselves into a problem. I support the motion and will vote for it, but I would hope that the planning staff and Planning Commission will be extremely circumspect in their dealings at these meetings because we have had some friction in the past on these levels between the City of Walnut and the City of West Covina and old feelings might come up,and so we should limit ourselves very strictly to those matters that are not likely to become a bone of contention. These are words of advice. Motion carried. RECREATION & PARKS COMMISSION REVIEW ACTION OF Motion by Councilman Shearer, seconded by OCTOBER 27, 1970. Councilman Lloyd, that Council receive and file the action of October 27, 1.970 of the Recreation and Parks Commission. Mr. Aiassa: Mr. Mayor, there is one item - Item 4. This is Phase III of Galster .Park, which was approved by the Recreation & Parks Commission and forwarded to the Council, recommending their approv- al. I have Mr. Sharfman herer and on the boards we have displayed the outline of Phase III. Its Council would like we can quickly cover the phases for you. Mayor Chappell: If Council has no objections - Mr. Sharfman will you give us .Phase III of Galster Park Preliminary Plano Lee Sharfman, Architect The increment that you see on the board Armstrong & Sharfman is what we call. Increment III. A little history with regard to it. Some time in August, 1969, the General Plan for Galster Park was approved in total and almost concurrently there was a grading contract under way, it was done from a partially completed General Plan, so we could meet'.the..terms of the Deed of Gift. This was followed by the first increment - comfort station, service building and the Girls:'.. Camp,cbmfbrt-station, the water lines and utility lines. Shortly followed by increment II, the Boy°s Camp area, comfort station, grading and a dedication area. During the period which increment No. II was under construction the design of increment III was authorized and that is what you see before you. It is essentially a more defined design of elements all of which were depicted more roughly in the original General Plano It represents some of the active park zones, expansion of the overnight camping zone, the nature study zone, wilderness zone and the circulation element. - 14 - REG. CITY COUNCIL - 11-9­70 Page Fifteen Rec. & Pksa Como - Galster Park It represents those areas most likely to be developed by staff in the near future, so it makes possible the step-by—step progress towards the completed park on an even small increment basis. If someone makes a gift of even $500, it is possible to do something under this plan, whereas before we had only a General Plan. Basically it covers the large development of:'picniCrareas,-,..faith the Tot Lots, the open play areas, the outlook area and all the level land that adjoins the upper parking lot. It describes in detail the Girl,q°'Camping area so it can be developed and the intervening areas which include the area of the nature studies. I think I best answer questions from here on-,rather.than going over to the display boards and pointing things out to you. Councilman Nichols: Mr. Mayor - I feel we can only get a very general over —view of the plans at best in a meeting of this sort and we have delegated this to the Recreation & Park Commission who have looked it over carefully and they have recommended unanimously their approval to this body, and staff has recommended and continues to recommend it with great enthusiasm, and so I am perfectly satisfied to rest with a generalized view rather than attempt to become a park expert. (Mayor Chappell asked Mr. Sharfman to step to the display board and point out in general the various areas.) Motion by Councilman Nichols, seconded by Councilman Lloyd, that City Council accept the recommendation and approve and accept the Galster Park Preliminary Plan Increment No. III. Councilman Shearer: Mr. Mayor, a point of order. We have a motion on the floor to receive and file the summary review of action of the Commission which I think includes Councilman Nichols' motion because that was Item 4 in the summary of action. Mayor Chappell: I will rule that motion out of order. Councilman Nichols: I don't really know that the accepting and receiving and filing of the memo does in fact do what we are asked to do. I believe we should ask the City Attorney to clarify this. Mr. Wakefield: I think a motion to approve the Phase III Preliminary Plans for Galster Park as submitted would be in order in addition to your action accepting and filing the action of the Recreation & Park Commission of October 27, 1970. Motion .carried:, accepting and.,.fi1 ng the actionof. the ' Recreation and Park Commission of Oct6bei.•.27, 1970. Councilman Nichols: I willre-.enter my out -of -order motion. Motion carried. Mayor Chappell: We certainly want to commend the Recreation & Park Commission on the outstanding job being carried on at Galster Park. I see Mrs. Plesko, Chairman of the Commissionpin the audience - please take our appreciation back to the Commission. HUMAN RELATIONS COMMISSION Minutes of Sept. 24, 1970 Motion by Councilman Young, seconded by Councilman Shearer, that Council receive and file the minutes of the Human Relations Commission of September 24, 19700 Councilman Young: Mr. Mayor - a comment. Briefly, we have 15 - REG. CITY COUNCIL - 11-9-70 Page Sixteen HUM. REL. COM. Action of 9/24/70 this situation on the development which we now see being occup.ibd at California and Cameron Avenues - the FHA subsidized units. I think this should be an area for the Human Relations Commission to take an interest in, in terms of maintaining and fostering appro- priate relationships between that area and the rest of the City. We have expressed some rather strong views on this Council, nonethelesslit is part of our City and the people living there are a part of our City and should be received and accepted and made a part of the City in every possible way. It might be an area for the Commission to be very cognizant about. Motion carried. ORAL COMMUNICATIONS CHAMBER OF COMMERCE Ray Misamore, Pres., This year for the QUARTERLY REPORT Chamber of Commerce first time the (In summary) West Covina Chamber of Commerce has begun a year coordinating the budget, the program., the officers*, all effective on July 1. One of the first projects of this new year was a planning and work shop seminar composed of directors, officers and chairmen and the staff of the Chamber. Our purpose was to evaluate our goals and determine a priority of needs to accomplish our objectives. As a result of this meeting the following departments and committees were established. The Executive Projects Department; Special Events Department; Public Affairs Department; Business Services Department; Membership Services Department and Special Projects Department. The activities report for the first quarter: the Chamber sponsored city promotion projects —Citizen of the Year Award. This annual event was a. very successful proj- ect. We had four outstanding citizens nominated and the citizen selected was Mrs. Alice Parsons. The Fireworks Show on July 4th was the 13th and we had a crowd of approximately 10,000. The City gained a great deal of advertising mileage out of the Fireworks Show, as it was publicized throughout the Valley. The Chamber participated in the July 4th Parade, providing staff assistance to the Parade Committee and acting as hosts to dignitaries participating in the Parade. We again sponsored a.,County Fair Exhibit at the Hemet Fair — viewed by approximately one hundred thousand people.,which won 2nd place. Also placed the exhibit at the Los Angeles County Fair in Pomona and although not winning an award it was viewed by about one million people. Also at the Pomona Fair the Chamber Committee with the City, was there on West Covina Day and presented a trophy to the owner of the winning horse in the West Covina race, which was the seventh race that day. (Slide shown of presentation made ) In addition,the Chamber sponsored a music concert. Andy Baylowjconcert violinist was the guest artist and it was held in the new Wescove Theatre and was a great success. We again sponsored the Miss West Covina Pageant. We had an excellent contest this time. Sebastian Cabot was one of our judges and the selection of Miss Karen Krada was the highlight of the affair. She replaced Miss Wendy Anderson who was our hostess for two years and has done a tremendous job for the City and the Chamber. In new community projects we worked on a Youth Clinic and during the past 6 months the Professional Committee of the Chamber has been making a study of major youth problems in the city and meeting with youth representatives to find out areas that they felt there was a need. The research and statistics developed strongly indicated a need for a Youth Clinic professionally staffed in this area. The Chamber endorsed the Committee's report and a Board of .Directors was organized and the papers drawn up on a corporation,and the Youth Clinic is now a corporation. The Chamber is sponsoring a Tourist Bureau, and this - 16 - REG. CITY COUNCIL - 11-9-70 -Page Seventeen Oral Como --Chamber of Commerce Report is a new project this year. A Tourist & Visitors Committee has been formed and the primary membership will be the motels, restaurants, service industries, shopping centers and the amusement industry. This is a very important segment of our economy in West Covina: although somewhat of a stepchild in the past, it represents 392 motel rooms and 233 motel kitchen apartments and they bring in almost two million dollars annually to our City, as well as $45,000 in the transit or bed tax. In addition the Tourist Bureau is developing promotional literature and going to provide a Tourist and Visitors Center and they will develop a billboard and directional sign program to keep tourists in West Covina and also develop freeway frontage businesses improvement recommenda- tions. Our Number 1 priority is our Retail Trade Promotion Committee. A study made by the Chamber of our retail trade sales in West Covina which is included in the brochure you were given, West Covina has been lagging in retail sales and we would like to push it back up through the. -Retail: _Trade..Pr.omo.tion Committee. This Committee is under the chairmanship of Clark Gambe.1/ Manager of May Company, and the Committee is composed of those executives of our retail community, including all of our major retail outlets. They are preparing the first citywide retail sales promotion program. All of these things are detailed further in the brochure. A brief summary of what is contained shows that in 1968 $1,248,000 sales tax revenue was realized in West Covina; 1969 - $1,253,790. The eleven other cities in 1968 realized $7,139,780 and in 1969, $9,287,710. The percentage of West Covina°s increase for 1969 over 1968 was .5%, five -tenths of one percent. The average increase of the other cities comprising the East San Gabriel Valley was 12h/, leaving West Covina pretty far behind in retail sales gain. The net gain to the City if West Covina had increased.at the same rate as the rest of the Valley would have been an additional $155,462.00. This is something we would like to correct. We have come up also with a Commercial Redevelopment Program and Commercial Committee. Let me read a short paragraph from the CBD Report by Williams, Cook & Mocine in a study made in February, 1968,- "West Covina is one of the first cities.in the United States to experience tangible deterioration in what can be explain- ed as a modern planned shopping center. This deterioration is beginning to seriously affect the City°s aims as the Headquarters City of the East San Gabriel Valley." We .find that very true. We find many of our shopping centers rundown and we hope this Committee can get the businessmen actively interested in cleaning up the areas and hopefully that we can work with the City.This Committee is under the chairmanship of Max Applebaum and it is working on a program to change and improve our retail commercial tax revenue base. Contacts have already started with property owners and tenants for upgrading the shopping areas, both external and internal appearances. (Explained further.) Under Economic Development.- New Business Openings, the Chamber of Commerce participated in the following new business openings: Wil Wright's at Eastland, creating 18 new jobs and annual sales of $300,000 per year; Marty°s Char Broiler, adding 15 jobs and annual sales of $150,000 per year; Charley°s Chinese Foods, providing 5 additional ids and annual sales of $60,000 and added property value of $35,000; The Steak Corral, 30 additional jobs, $600,000 in annual sales and an additional $300,000 in property value; Carl°s Restaurant under construction, this will add 10 jobs, $200,000 in annual sales and $100,000 additional property value; Ambassador Convalescent Hospital under construction, 14 additional jobs, adding property values of $750,000; Mr. Jacque°s House of Beauty, 5 jobs. The Chamber, in addition, participated in new business development - Wells Fargo Bank nearing completion; the new Allstate facility, and we have been quite active in the Social Security offices, and the addition to the Citrus National Bank. - 17 - REG. CITY COUNCIL - 11-9-70 Oral Com. - Chamber of Commerce Report Page Eighteen New business prospects that we are presently active on: a major entertainment center; a major bank; two major motels; a major office building, a major restau— rant; a medical facility; two car agencies and a major department store. As a statistical piece of information, West Covina building permits are ten million dollars ahead of this time last year. The Chamber is not taking credit for that but just mentioning it is part of our statistical coverage. We had 7 new business openings creating 92 new jobs, annual sales tax to the City $13,000, annual new property tax estimated at $2600. or a total new tax of $15,600. This is for the first quarter of the Chamber°s fiscal year. In addition our Executive Vice. -President, Mr. Strachan, has developed a new technique in trying to bring in new business and this is the use of aerial slides. (Slides shown of the area of West Covina and vacant parcels of,land pointed out and parcels now being considered for future developments that are being considered.) Councilman Nichols: Mayor Chappell: look at the data in the Chamber because what Mr.. thoroughly in the report A very fine report. I think the slide presentation adds a little bit to the interest of this report. It is important that we all action report presented to us by the Misamore spoke of is spelled out more and should be studied by the Council. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, that Council receive and file the Chamber of Commerce quarterly report. Mayor Chappell: Is there anyone that would care to talk about any subject at this time? Charles Simmons I am President of the West Covina Co- 2209 E. Greenville. Drive ordinating Council and I would like to West Covina report, hopefully to your interest, on our second West Covina Youth Conference. This is to be sponsored by the Recreation & Parks Department of the City and the West Covina Coordinating Council, which is a group of representatives from official and various volunteer groups in the community? primarily interested in coordinating youth programs, delinquency prevention, positive programs, in the community. Approximately a year and a half ago we had a conference on April 16, 1969, with the same sponsorship and had good participa- tion from the representatives of West Covina_°.s three high schools, and some students from Covina High Schools and South Hills. Our second conference is planned to be held on Thursday. the 19th of this month and we hope to continue what was started then. One of the evidences is the Youth Advisory Board which is being con- sidered seriously now. We hope we will have your interest as we move ahead on this. This time we are not only having the schools represented last time, but students from Bishop Amat, Nogales and Northview. We plan on having approximately 100 students and some adults serving simply as resource persons. This conference will not only be participated in but led by the young people of the community. If there are any questions, that I might answer? Mayor Chappell: How do they get the information back to the schools after you have held the conference? Reverend Simmons: That is a good question. One of the things suggested this time was that they have someone there from the school paper to help do this, but as you have indicated, communication is always difficult. One thing REG. CITY COUNCIL - 11-9-70 Page Nineteen Oral Com. - West Covina Youth Coordinating Council we will have is our written report which we will share with you. Also a good many of the Recreation & Park staff is working with us on this and Chuck Carr of the Teen Center is doing a very fine job there. If you have any suggestions, please pass them along. Thank you. Jean Lindemann I sit here quite often and I thought I 512 South Fircroft would say tonight that I think the West Covina Council deserves congratulations in having faith in the youth and letting them run their dance last Friday night. A1so,I think we should appreciate the youth in trying to do something for themselves. WRITTEN COMMUNICATIONS MARCH OF DIMES Motion by Councilman Nichols, seconded REQUEST by Councilman Shearer, and carried, that ANNUAL SOLICITATION the annual request for permission to conduct the Annual Solicitation for March of Dimes in January, 1971, be approved as in prior years. .ARTHRITIS FOUNDATION Motion by Councilman Nichols, seconded REQUEST by Councilman Lloyd, and carried, that ANNUAL SOLICITATION the request for permission to conduct the annual solicitation in February, 1971, be approved as in prior years. CITY ATTORNEY SOUTHERLY ANNEXATION 214 Mr. Wakefield: I am advised that the REPORT property owners have filed a written consent with the City Clerk consenting to this annexation which has also been approved by the Planning Commission.; The.Local Agency Formation Commission has authorized the City to proceed with, -,the annexation without notice�hearing.,election, pursuant to the provisions of the Government Code. It is,..now in order to place on its first reading the Ordinance completing the annexation, if that is your desire. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING THE ANNEXA- TION TO, INCORPORATING IN, AND MAKING A PART OF SAID CITY OF WEST COVINA, CERTAIN TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO, KNOWN AS ?SOUTHERLY ANNEXATION NO. 214'." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said :.Ordinance. Motion by Councilman Shearer, seconded by Councilman Young, that said Ordinance be introduced. (Councilman Young asked that Mr. Munsell point out on the map just where the annexation territory lies. Mr. Munsell explained.) Motion carried. RESOLUTION No. 4249 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DENYING AN UNCLASSIFIED USE PERMIT (Unclassified Use Permit application No. 161 - Atlantic Richfield Company.)" Mayor Chappell: Hearing no objections, waive further read- ing of the body of said Resolution. Motion by Councilman Nichols, seconded by Councilman Lloyd, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Lloyd, Mayor Chappell NOES: Councilmen Shearer, Young ABSENT: None. - 19 - REG. CITY COUNCIL - 11-9-70 Page Twenty City Attorney - Cont°d. PEOPLE vs CHARLES F. NICHOLS Mr. Wakefield: This item has to do with MERCED AVENUE HORSE RANCH the Merced Avenue Horse Ranchopursuant to your request I have met with the property owners in the immediate neighbor- hood of the ranch. After a considerable discussion they have approved the terms of the proposed settlement of litigation. The paperwork is now in progress, the stipulation has been signed and filed with the Court, we are awaiting the actual entry of judgment and at that time copies will be made available to the City Clerk and the interested property owners in the area, and a copy filed with the County Health Officer for them` continued surveillance of the property for the spraying of flies and the control of pests. The substance of the settlement I have attempted to outline to you in a letter, which I assume you all have. While the ultimate goal I suppose was the actual removal of the horses from the property, I think the steps taken have substantially accomplished the objective of controlling the nuisance and I don't think we could reasonably expect to accomplish more. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, to receive and file the report. UMARK WATER SYSTEM Mr. Wakefield: This item relates to AGREEMENT the proposed lease agreement between the City and Umark, Inc., for the lease of the water system of Umark°s for the purpose of serving water to the Umark property for a temporary period. The proposed lease covers a term of one year from its date. It is subject to cancellation upon 60 days written notice upon either party to the other. The lease expressly provides that the furnishing of water during this one year period will be financed from water revenues or from revenue contributed to the City by the Umark Company and expended by the City in the actual water service. The revenues received by the City from the sale of water become the property of the City and,i.f there is any surplus at the end of the year�the surplus will become the property of the City subject only to the requirement that the initial deposit made by Umark to finance the beginning operations of the system before revenues are actually received, will be returned to the Company to the extent those funds have not been spent or encumbered. The lease will become effective when the City is able to obtain a water supply in the Azusa Avenue transmission line/and water service will actually ;begin when the backbone portions of the system are operative and the in -tract facilities are constructed and the individual customers or residents, as the case may be, have moved in. If there are questions with reference to the agreement I will be happy to answer them for you. The agreement is in substance on the basis I have outlined. There is one other item, which I am sure you. will be interested in, and that is there is a ceiling provided for in the lease on the actual :amount of charge that may be made for water during the one-year period. The lease provides that so far as single family residential service^ connections are concerned the average water charge shall not exceed $120.00 per year per single family residential service. If the lease agreement is approved it will be necessary for the City Council to adopt a water rate ordinance which will establish the rates to be charged for the various kinds of services to be pro- vided within the area. And that simply fills in the technical details regarding responsibility of the City Manager, the City Engineer, etc., in connection with the actual operation of the system and the providing of water to the land in question. I think that is all I have Mr. Mayor and members of the City Council. Any further details I think can be supplied by Mr. Aiassa or Mr. Patterson, representing Umark. - 20 I REG. CITY COUNCIL - 11-9-70 Page Twenty-one City Attorney - Umark Water System Agreement Councilman Young: Is there something from the City Manager regarding updating of the material .we. received, as far as obtain- ing the services of an operator for the system? Mr. Aiassa: Yes, I am going to make a report to the Council.. We have not received all of the formal requests back, but we have made formal requests of five or six different sources, including other cities. We are asking them to give their best proposal of what they would charge to provide the maximum service as if they were our agent in servicing this system. We also need a request from the City Council tonight - the City of Covina advised before making a proposal to us they would like to have the Council request them to do so because they feel this is a legislative matter between cities. So by your next meeting we will have before you an alternative proposal as to who will be our agent to provide this service and the cost. Councilman Young: Have any of them expressed an interest to date? Mr. Aiassa: Yes, Mr. Zimmerman can bring you up-to- date. Mr. Zimmerman: The staff has contacted about six sources of water purveyors and they have included the City of Covina, Azusa Valley Water Company, Ken Mullen, consult- ant for the City on other water matters, Suburban Water Systems, and Rowland Area County Water Systems. We got positive indications of interest only from Suburban and the City of Covina. We have asked them for costs for billing purposes and meter reading and operating time and ordering water from the MWD, trouble calls, etc. That is the status at this time. Councilman Young: I have reviewed this lease and it appears to contain the safeguards insofar as avoiding expense of any kind to the City of West Covina in any manner that might encumber the general funds of this City, and I am going to move the approval of the adoption of this lease - if that is the proper motion�Mr. City Attorney? Mr. Wakefield: Yes - approve the lease document and authorize the Mayor and City Clerk to execute the lease. Councilman Young: I so move. I would like to make it very clear in voting for this lease it is not my intention to be casting a vote in favor of the City of West Covina going into the water business,as has been indicated by some of the publicity and certainly by some of the comments that I have received from individual constituents about the City. Councilman Shearer: I will second the motion. I also have a few questions. Perhaps my questions can be answered by the City Attorney. Does the proposed lease and proposed water ordinance - do they both allow for the contracting with another agency such as the City of Covina, Rowland, etc., to provide the services? I notice the wording in the lease says "the City will provide these services and that the City Manager may delegate to other city employees....." If we approve this lease are we allowed to contract with say company X? / ) Mr. Wakefield: Yes, Councilman Shearer. The City has the power separate and apart from the lease document and the ordinance itself, to enter into contracts - 21 - REG. CITY COUNCIL m 11-9-70 Page Twenty-two City Attorney - Umark Water System Agreement for the actual operation of the system. There are two kinds of authority which the City has. One is the authority to contract with another public agency for the performance of the service, or contract directly with a private individual or private company, which is able to provide the service required. Councilman Shearer: Once we sign this lease and water begins to be served to the area, how are we committed? Taking a hypothetical situation, that Umark reaches an impasse with the companies they are dealing with and a year from now our lease expires - can the City Council say we are no longer in the water business, or once we have started in the water business we cannot turn it off until the sale of the facility is arranged by Umark? Are we tying our hands? Mr. Wakefield: I think as a practical matter, at the expiration of the one year, if the City does not continue to supply water to the area, that some alternative source of supply will necessarily have to be arranged by Umark; simply because the people will be there and need for -'the water service will continue. The lease, however, obligates the City only for its term, for the period of one year maximum. Councilman Shearer: The people being served for one year by the City - have they any rights in Court once the system is started - can we shut it off ? This is what bothers me. We are involved, -there --are negotiations going on, but if they can't reach an agreement are we going to have to continue the water flowing? What are our legal obligations in this once we start serving water? Mr. Wakefield: The City has no obligation to supply water or continue in the water supply business beyond the terms of the lease itself. It has neither the facility nor the ability to continue to supply water to the area. The agreement between itself and Umark, as I understand the status of negotiations between Umark and the other water purveyors in the area, it is contemplated that the one year time period will provide more than ample time to provide an appropriate agreement to provide a continuous supply of water to the area. To answer your question specifically, there is no obligation on the part of the City to get into the water business or stay in the water business. Councilman Nichols: The City Attorney°s response to the question, I am sure is firmly rooted in the law, but it becomes unrooted in the politics of the thing, and I don't think there is much question in any literate person°s mind - no matter how the words fall that when the water begins flowing into the tract and people move in that the water can never be turned off. The representative of the developer here this evening has indicated that even in a modest sense,at least some two hundred houses will be built within the year and some hundreds of apartment users in a year, and therefore the possibility of any hundreds of hundreds of residents - to even conceive that suddenly this City is going to turn off the water because the lease is up and dry up the tract and create great thirst amongst hundreds of West Covina residents, is a fancy notion. Whether or not an agreement will, be reached is another point of conjecture that one would tend to respond to in terms of one's own bias. But I think from a practical standpoint the decision to serve water takes water into the area forever and evero I think all of us have had ample opportunity to give consideration to this area and I don't think decisions will be reached on the basis of emotional appeal or threat of dire political consequences or anything of that kind, and I am therefore going to play my role in this matter in the terms of the consistency of my position in 22 - REG. CITY COUNCIL - 11-9-70 Page Twenty-three City Attorney - Umark Water System Agreement the past and without any effort to unduly influence anyone else's position, just state that I have rethought my position and I have reached -the same conclusions that the conditions have not been met which I stipulated originally would allow me to vote for this agreement, and as a result of that, my vote still has to be against the lease and against the ordinance and against the letters to the State which would indicate the City is prepared to do this. I think all of us reach our conclusions based on our judgment and our conscience and our political sense of what is right and proper for the community and we will each take our vote and live with the consequence. Councilman Lloyd: I have a few words, Mr. Mayor. I haven't changed a great deal. First of all I want Bren to get their houses open and people served. however, I think one of the things I would have liked to see in the lease is a shorter time period, but it is not there. I don't think we need a full year period and I intend to talk to the City Manager and press for this further down the line, to find some conclusion as to who is going to operate this system in the final analysis. I actually don't believe the door is closed and West Covina is forever in the water business. If there is any public entity going to be involved in the water business, I am unalterably opposed if it is not the City of West Covina, if it has to be a public system. If it doesn't have to be)then I would like to see the private enterprise which is already within the bounds of this City so that any tax revenue that will accrue will come back to this City. So I think that pretty well positions as to who I would like to see involved in this on a temporary basis. Councilman Young: I concur in large measure with what Councilman Lloyd has just said and approvedin principle a couple of meetings back the preparation of this lease. I did so on the good faith and belief that what Mr. Patterson said, representing Umark, he meant. I think he is a man of good faith. I think there are matters that must be dealt with in a setting of good faith and I think we are doing the proper thing to expedite the development and sale of the Bren Company project„ and any other course of action could possibly lead to a slowdown or breakdown in the development, so I think it is imperative that we go ahead. If in a year from now we are asked to renew this lease I will perhaps have learned a lesson that Councilman Nichols)in some ten years on the Council, has learned before me but hasn't told me about yet. I am prepared to support the lease as it stands. Councilman Shearer: Mr. Mayor. I feel a bit overwhelmed with some of these things. I believe at the last meeting the statement was made to the effect that Suburban was in the area and could serve, and the reason this was not deemed to be proper was something to the effect this might compromise them .in their negotiations and yet this evening we are back with Suburban again, being told would you like to contract with West Covina to be our agent in serving water? It seems to me like we are playing games. First they are in and then out. If Suburban, in fact, is going to be the one reading the meters, sending the bills, etc., I don't see why we can't do without the middleman - the City of West Covina, and let Umark deal directly with Suburban. Maybe I don't understand all the ins and outs of this, but for that reason I am a little apprehensive and I don't think I can support_.thisat this time. Mr. Aiassa: The reason we did°poll all the different water agencies, so that no one might say the City of West Covina is prej- udiced and biased as to who could or could not serve. I didn't want to go to just one source without giving them all an opportunity to bid,,and until I receive all the proposals I don't know who we are going to suggest to the Council. I don't think it would be - 23 - REG. CITY COUNCIL - 11-9-70 Page Twenty-four City Attorney - Umark Water System Agreement proper to eliminate just one without at least resorting to all the possibilities available. After a14 this is just an intermediate period. Councilman Shearer: That would be true whether they were working as our agent or directly with Umark. Mr. Aiassa: The only difference is if we were not in the picture then the PUC would be functioning as far as Suburban, which is a private utility, and Rowland not being a private company they would not have to deal with PUC and they could take direct action and the greater responsibility would be as to who could take jurisdiction of the feeder system, which is the new line that goes up Azusa Avenue. I don't think it is quite as simple as it seems to be because we are also affecting another City as well as West Covina being in the property that Umark now wants serviced - some of that property is also in Walnut, and this has the potential of Rowland Water District) also Suburban. Councilman Shearer: What I was saying, if we were concerned with dealing with any of the parties, namely - Suburban and Rowland and that it would prejudice negotiations it would seem to me those should not even be considered as agents for the City. Mr. Aiassa: These points will also be considered at the time we talk to these people and review their proposals. One considera- tion, the important one, is that Umark is paying the bill and I think we should be in coherence with them that we are trying to secure the best service for the best price. Councilman Shearer: The thing that concerns me, not who. is paying the bill but what we are obligating ourselves for, because as Councilman Nichols says - once the water is turned onenobody short of God is going to turn it off and..I am not about to play God. Mr. Aiassa: Let me assure this - I think Umark has enough investment and that they cannot prolong this matter over :-.4 to 6 months. They have to come to a fast conclusion and this will give them a breathing spell to evaluate all phases involved. And regardless of which way they go - if they go the private route it is still necessary to appear before the PUC and have sufficient time for all the hearings, etc., which takes four or five months time. This is the only way they can proceed with a private utility. Councilman Young: Mr. Mayor, is it fair to inquire if negotiations are continuing at this time between Umark and Suburban, as indicated about 3 weeks ago? Mr. Aiassa: Yes. I talked with Mr. Patterson today by phone and he has been in meetings Is with both Suburban and Rowland and they have submitted a proposal to both. Mr. Patterson is here and he can vouch for this. Mr. Patterson: That is correct. Mr. Aiassa: So they are trying to negotiate/but we do have a deadline.' Mayor Chappell: We also have to remember when this first started Umark almost had a contract signed and we asked them to withdraw from the - 24 - REG. CITY COUNCIL - 11-9-70 Page Twenty-five City Attorney - Umark Water System Agreement contract and we then negotiated with them and found out that a private enterprise was interested in it and Council stated they were not willing to compete with private enterprise in an area already being handled satisfactorily and that we would allow the water to be turned on only so the proper Real Estate reports could be filed and the houses sold. We were told in a matter of roughly 6 months the contract would be signed and until I am shown that these people are not honorable or willing to function as they told us, I am willing to support this agreement and I hope I don't have to eat crow come 6 or 8 months from now. I still feel we are de:al-ing�-- with honorable bodies - Rowland and Suburban - and we are just expediting the need for water to these houses because they.must be sold shortly. There is a tremendous investment there and they want to start realizing on it and this is the only reason I am supporting this so that water can be turned on as soon as possible. Motion carried on roll call vote as follows: AYES: Councilmen Young, Lloyd, Mayor Chappell NOES: Councilmen Shearer, Nichols ABSENT: None Mr. Wakefield: Mr. Mayor and members of City Council, as Council knows/in order for the Urgency Ordinance to be adopted tonight, it will require 4 affirmative votes and if it is not adopted by the 4 votes then the ordinance can only be read for the first time and will come back for regular adoption at your next regular meeting. ORDINANCE NO. 1147 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING CHAPTER VII TO ARTICLE VII OF THE WEST COVINA MUNICIPAL CODE PROVIDING FOR THE ADMINISTRATION OF THE WATER SYSTEM OF THE CITY AND FIXING RATES FOR WATER AND WATER SERVICE SUPPLIED BY THE CITY AND ESTABLISHING RULES AND REGULATIONS GOVERNING THE SUPPLY OF WATER AND WATER SERVICE AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY." Mayor Chappell: Hearing no objections, waive further read- ing of the body of said Ordinance. Motion by Councilman Young, seconded by Councilman Lloyd, adopting said Ordinance. Councilman Shearer: Mr. Mayor - to alleviate any concern I will vote to support this. Assuming none of the other gentlemen change their vote you will have the necessary 4. I don't believe in belaboring the position because it will only be a matter of time before it is adopted. I do have a question regarding the Ordinance. In the Ordinance the rates are set. Can rates be set by resolution to make it simpler to change them, or must they be written directly into the Ordinance? Mr. Wakefield: Councilman Shearer, the rates themselves could have been fixed by resolution, but it was necessary to set up some form of administration for the administration of the water service itself and this could only be done by Ordinances so we combined the two aspects into a single Ordinance on the basis if the rates need to be changed the Ordinance can always be changed. Councilman Shearer: Since this is only going to be in effect for a matter of 6 months I don't think that it will be necessary to change the rates. 25 - REG. CITY COUNCIL - 11-9-70 Page Twenty-six City Attorney - Umark Water -System Agreement Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Young,Lloyd, Mayor Chappell NOES: Councilman Nichols ABSENT: None Motion by Councilman Lloyd, seconded by Councilman Young, and carried, that & status report be prepared and presented to the City Council within 90 days on the negotiations under -way,. Mayor Chappell: We have a third item. City Council authorizing staff to issue letters to the necessary Commission) indicating the City will furnish water for the Umark development. So moved by Councilman Young, seconded by Councilman Lloyd. Councilman Shearer: Mr. Mayor - again due to the fact of delaying it, I will voteaye on it. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Young, Lloyd, Mayor Chappell NOES: Councilman Nichols ABSENT: None Motion by Councilman Young that the city staff be authorized to extend this search for an agent to operate this system during this interim period to any political entity including the City of Covina and the Rowland Area Water District. Seconded by Councilman Shearer. Councilman Nichols: I thought the general consensus - at least of the majority of the Council - was that you didn't want to have any dealings with the Rowland Area Water District in getting into this? Mr. Aiassa: We were turned down by them anyway, so you. might as well include them. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Young, Mayor Chappell NOES: Councilmen Nichols, Lloyd ABSENT: None PETITION re A.R.A. Mr. Wakefield: This matter involves NON-COMPLIANCE TO the problem that has PRECISE PLAN been before you from time to time with reference to non- compliance with the Precise Plan re- quirements. So far as the A.R.A. development is concerned the Planning Director prepared a memorandum dated October 30, 1970, outlining the current status of the matter. In reviewing with the Planning Director and City Engineer it was apparent that the most expeditious means the City had at its command was to advise the property owner and the bonding company that put up the bond guaranteeing the construction of the curbs, gutters and sidewalks, that it was the intention of the City to put in those improvements itself and look to the bond for reimbursement for the cost of those improvements, if the property owner did not immediately proceed. And the reason it appears on my portion of the agenda tonight is because that would be my recommendation to the City Council. However, I am advised by the Planning Director that the escrow between.the State and the property owner for the acquisition of the additional right-of-way required for the widening of the San Bernardino Freeway has not closed and conse- quently the title to the area constituting the additional right- of-way is not vested in the State. The best estimate seems to be that the escrow will not be closed until the middle of this - 26 - REG. CITY COUNCIL - 11-9-70 City Attorney - A.R.A. REPORT Page Twenty-seven month. Apparently there is a lien against the property for the architect's fees, also a claim for settlement by the mortgage holder on the property itself. Until these matters are solved and the escrow closed it would be unwise for the City to proceed. Under the circumstances it seems to me there is no alternative but to continue this matter to your next regular meeting and - see if it is clarified by that time. So moved by Councilman Lloyd, seconded by Councilman Nichols. Councilman Nichols: A question. What is the reason the City cannot move to file its complaint while holding up the actual physical improve- ments? Mr. Wakefield: The City could notify the bonding company and the property owner of its intentions. Councilman Nichols: Would that be a matter of expediting the process? Mr. Wakefield: Yes, but I think it would be unwise for the City to actually proceed with the work until the actual escrow is closed. Councilman Shearer: If the City proceeds to notify the bonding company, etc., should things work out later, can we stop the proceedings? Mr. Wakefield: Yes. It would simply be the formality of>, notifying the property owner and the bond- ing company of the City°s intention. It would not permit the City to proceed or not proceed. Councilman Young: I wonder what the result would be for the dual action of putting in the improvement against the bond and at the same time filing a complaint with the District Attorney for non- compliance. It seems to me somewhat inconsistent if we had these measures at our disposal all along to go ahead and improve the property - would it serve any.purpose to request the District Attorney to take action on the non-compliance. Mr. Wakefield: As I see the particular situation it seems very unlikely that the District Attorney would proceed with any criminal actirn against the property owner for non-compliance with the precise plan as long as the escrow between the property owner and the State is not closed and the property owner has some justification insofar as a criminal complaint is concerned, in saying he requires the pro- ceeds from the sale of the property to the State as a means of financing the remaining work to be done on the property and at least it seems to me the District Attorney would be willing to accept that sort of an argument from the property owner. So far as the bond is concerned, the bond only extends to the so-called street improvements - that is1the curbs, gutters and sidewalks. It does not cover the other elements of the precise plan and the work required to conform. Mayor Chappell: We have a motion to hold off until our next regular meeting, any further comments? Motion carried on roll call vote as follows: AYES: Councilmen Young, Lloyd, Mayor Chappell NOES: Councilman Shearer, Nichols ABSENT: None - 27 - REG. CITY COUNCIL - 11-9-70 City Attorney - A.R.A. REPORT Page Twenty-eight Councilman Nichols: I would move that the City Council direct the City Attorney to prepare whatever letters in whatever form is desirable to notify the owner of the Precise Plan No. 535 that.'the City does intend to seek compliance with the precise plan requirements through a complaint to the District Attorney. Councilman Shearer: A point of order, Mr. Mayor. I thought we just voted to hold this off for two weeks, and that is. why I voted "no". Councilman Nichols: It was my understanding we were voting not to call the bond and initiate such proceedings as would finalize it,for the construction of the improvements, but we could in fact notify the property owner that we would be doing this at an appropriate time in the future. Councilman Lloyd: That is correct. Councilman Shearer: I misunderstood and that accounts for my "no" vote. Councilman Young: A further point of order that might lead to a modification of the motion before there i is a second. I thought the City Attorney said we could take preliminary steps with the bonding company at this time which would not impair our position as far as the escrow is concerned? Mr. Wakefield: I think we could appropriately do both -things in a single communication to the property owner and the bonding company. We would notify the property owner of our intention to proceed to enforce compliance with the Precise Plan and also notify the bonding company of our intention to proceed with the street im- provements and look to the bond for the funds for the improvements. Councilman Nichols: I will incorporate that.intent.in my motion and I am sure the City Attorney will so word it as to include it. Seconded by Councilman Young. Mr. Wakefield: Mr. Mayor the motion as I understand it is to address a letter to the prop - owner advising him of the City°s intention to enforce compliance with the precise plan requirements as soon as the escrow between the State and the property owner is closed; and to advise the bonding company of our intention to put in the street improvements if the property owner does not do so and we will look to the bonding company for reimbursement of the ex- penses. Councilman Lloyd: Maybe I am missing a part of this, I • understood we had already stated that? Mr. Aiassa: No, the staff was instructed to come back with a firm recommendation to the Council. i Councilman Lloyd: I understood Mr. Munsell°s department had already called on that. Is that true? Mr. Munsell: No, Councilman Lloyd. However, I believe.... Councilman Lloyd: We are really discussing two things right now. You did call the bonding company? 28 - REG. CITY COUNCIL - 11-9-70 City Attorney - A.R.A. REPORT Page Twenty-nine i And my second question - you have -notified the owners? Mr. Munsell: The bonding company has been called and indications given to the bonding company of the possibility of the act only. Councilman Lloyd: The bonding company has been called - is that correct? (Mr. Munsell answered "Yes") Have the owners been notified of this action? (Mr. Munsell answered "Yes".) The answer is yes in both cases, so what are we talking about - they have been notified. It seems to me we are taking action which I find no fault with, but it sounds like we are being a little vindicative and grinding it in. I am not questioning you - Councilman Nichols - on this, but I think action has been taken is what I am saying. Mr. Wakefield: For the protection of the City, the property owner and the bonding company - the City's intention should be reduced to writing and transmitted to both, so there is no misunderstanding in the future. Councilman Lloyd: I don't see how anybody could misunderstand it, but be my guest, gentlemen. Councilman Lloyd: I take it this would be a matter of Council policy at this point and the pressure is somewhat different at this level. Councilman Shearer: It seems like the difference here is when Mr. Munsell said this is what we may do and we are tonight going to do it. Mayor Chappell: If you notify the bonding company by phone I doubt that much awareness will be made of it other than placing it in the file indicating the call was made. They won't do anything about it, at least the bonding companies I represent, unless it is put in writing. i Motion carried. Councilman Lloyd voting s�noQ�a j ADULT BOOK SHOP Mr. Wakefield: Mr Mayor and members of the City Council, I do have one other item not on the agenda. The Chief of Police, last Wednesday, advised me that he had been contacted by a man seeking to open a so-called Adult Book Store in the City and asked me what steps should be taken in the light of that inquiry. As you know,we have in our Business License provisions a category of businesses which we denominate Restrictive Businesses which specifically require a special permit from the City before the business may be opened. I have prepared an Ordinance which would amend the restricted business section to include an Adult Book Store among the restricted businesses. If you would care to consider it tonight/it is available; otherwise, it can be on your next agenda with the Chief's recommendation and the City Manager's recommendation. Mayor Chappell: Is this an emergency ordinance? (Answer: j No.) i Mr.-Aiassa: The Chief of Police and I, both concur with the City Attorney, so you may proceed tonight, if Council so desires. Councilman Nichols: Mr. Mayor - I would have no objection to having the Ordinance introduced and since it is not an emergency ordinance there will be ample time to reflect on this prior to the next Council meeting. 29 - REG. CITY COUNCIL - 11-9-70 Citv Attornev - ADULT BOOK STORE Page Thirty (Mr. Wakefield advised copies of the Ordinance would be given to the City Council.) ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTION 6236 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ISSUANCE OF BUSINESS LICENSES TO CERTAIN RESTRICTED BUSINESSES." Mayor Chappell: Hearing no objections, waive further read - of the body of said Ordinance. Motion by Councilman Nichols, seconded by Councilman Lloyd, that said Ordinance be introduced. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None THE CHAIR CALLED A RECESS AT 11:00 P.M. COUNCIL RECONVENED AT 11:15 P.M. CITY MANAGER FRIENDSHIP PARK Mr. Aiassa: We have contacted several ARCHITECTURAL architects and,after review - AGREEMENT ingistaff decided to recommend the firm of Maul-Pulver-Schweickert and in accordance with Council approval staff has prepared a proposed agree- ment, copy of which Council now has. As you know this proposed utility building is to be used as a guide and model for any other restrooms that might be built in the future in the City's par]cs. Motion by Councilman Young, seconded by Councilman Lloyd, directing the Mayor and City Clerk to execute the architectural agreement between the firm of Maul-Pulver-Schwe.ickert and the City of West Covina for architectural services for the construction of comfort stations in Friendship Park in West Covina. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None COUNTY LIBRARY LAND Mr. Aiassa: As Council knowsythere has TRANSFER to be a portion of land. utilized with our street alignments at Pacific and Service, and also the library needs land for expansion. I would like authorization from Council to negotiate on this and then report back to the Council for your final decision and approval. So moved by Councilman Nichols, seconded by Councilman. Lloyd. Mayor Chappell. Will the expansion of the library someday interfere with the auditorium site? Mr. Aiassa: This was proposed at the time we did the Master Plan with the Public Authority and the library was then specifically proposed for a larger build- ing. They proposed originally 12,5001 and the City staff in our reports originally proposed that they build 25,0001 and they compromised and built 20,0001. I believe if they had built the 25,0001 we suggested they could go on for another 3 years. Motion carried. - 30 - REG. CITY COUNCIL - 11-9-70 Page Thirty-one CITY MANAGER - Cont°d. TRAFFIC COMMITTEE MINUTES Mr. Aiassa: Item 3 of the Traffic a) October 13, 1970 Committee minutes of b) October 20, 1970 October 13, 1970, is a carry-over item - Mr. Zimmerman is on the Traffic Committee and might give a quick summary. Mr. Zimmerman: The report you have before you details - item by item - on the request of the applicant, Mrs. Downs, for a crossing guard at Evanwood and Durness to accommodate pretty small children crossing Durness into the back entrance to the California School. The report is fairly detailed and�I believe, self-explanatory and includes a recommendation for the use of radar for traffic speed enforcement, primarily to control the high school driver from Edge - wood High. Mr. Aiassa: Mr. Zimmerman, do we have a police car that is now equipped with radar or do we have to go to some additional expense? Mr. Zimmerman: I..understand we do have the radar equip- ment on hand but that there is one small item needed to control the meter, a needle I believe. Mr. Aiassa: I might suggest if Council looks upon this favorably that it be referred to the City Manager for a further report with regard to additional expense in connection with the ultilization of this service. Councilman Young: I notice we have two recommendations here in the report with regard to the use Hof radar on a limited basis. I think we ought to not delay this any longer than we have to. Personally/ I think we are making more and more demands on our Police Department. We have area after area of the City coming in here in the last few weeks requiring our recommending intensified police control and I doubt if we have that many policemen available but with the use of this specialized type equipment a lot more mileage can be gotten out of one unit and particularly in these residential areas where it is not only dangerous but probably, at least in two particular areas here, impossible to get an accurate clocking on the speeding vehicle causing the problem. I think we ought to go ahead and approve the use of the radar equipment in principle and expedite this matter and also authorize the City Manager to come back with the findings on cost. Councilman Nichols: The matter of radar use by the Police Department of West Covina has been an item that has been before the Council - on and off - for many years and there has been a lot of controversy in the past by the use of radar and the Police Department,with each complaint to the Depart- ment)does tend to come back stating their answer to the problem is the use of radar in the City. The use of radar in the City would probably involve the posting of the use of radar and would involve the purchasing of additional units unless it was authorized on a selected basis only. I would think Council should devote sometime to the study of the use of radar before making a ultimate commitment and granting use of radar equipment in the City. I have in the past taken the position of somewhat opposing the use of radar but I think I have reached the point in my life and in my experience with the City that I am substantially in ag-reement with Councilman Young's statements and I think it is probably time that we give to our Police Department the equipment they have repeatedly indicated they need to cut down on speeding. I would hope that we would try it out on a 60 or 90 day basis on this one -unit in some of the particular bad problem areas and then have the Police Department come back to us indicating what use they have had with it and what 31 - REG. CITY COUNCIL - 11-9-70 Page Thirty-two CITY MANAGER - TRAFFIC COM. (ITEM III) 10-13-70 the cost would be for extending the use. As far as this specific question is concerned, and this does involve my school and one of the parents at my school - I recognize it is almost impossible to apprehend speeders on that section of the street, but I rather suspect that is a localized condition and the speeding there is largely by young people at certain times of the day and that a few radar pick-ups would cause a miraculous slowing down of traffic in that section. So I would concur with the recommendation for the use of radar, but on a trial basis. I would support that and would hope the Council would await some additional study before making a firm commitment. Councilman Young: What you have said, Councilman Nichols, makes good sense and I would go along with you. Mayor Chappell: I certainly agree we don't want to do this on a wholesale approach. I think there are several areas where we can effectively use it for a short period of time and then back off. I wouldn't want it to grow into something that would need three or four additional units and be in constant use in.the City, because I don't think our community needs that type of police work, but I do think in an area like this it would be -ideal to move in there and make the fact known to the citizens that we are there with radar and making citations. Mr. Aiassa: If we try it on a limited basis this also would take in streets like Herring and Barbara - short span streets where radar can clock the speed. We have used radar equipment to determine the average speed on most of our selected streets so we are not unfamiliar with the equipment, but as Mr. Nichols pointed out to put it all over the City we would have to post and before going into this I would also like to know what it will cost. Motion by Councilman Nichols, seconded by Councilman Lloyd, authorizing. the City Manager to work with the Police Department and proceed to establish radar speed control on an experimental basis on Durness Street, Sunset Avenue and California Avenue, as per the request of October 29, 1970; and further that the Police Department be instructed to develop criteria for the use of radar for similar problem locations in the City. Councilman Young: I am going to support the motion, but I think it is just a little bit too limited, frankly, in light of other neighborhood type situations in residential areas of the City. Councilman Nichols: This is what the second paragraph states in the report and we only have one unit at the present time. My thinking is that Council should keep a little closer control over a new area of law enforcement in the community rather than give -carte blanche use until we have had some experience with it. Councilman Young: I agree with you Councilman Nichols, but the question is how limited should the limited use be on an experimental basis - and my suggestion is we have a neighborhood situation at Stewart and Azusa - two short blocks. Councilman Nichols: Let me respond that my personal feeling on this is that in the initial period - trying it out for the first time, waiting for some feedback and experience - that the Council should control its use. If staff would say tonight we would like also to try it on this street and this street and this street, giving specific locations, I would be - 32 - REG. CITY COUNCIL - 11-9-70 Page Thirty-three CITY MANAGER - TRAFFIC COM. (ITEM III'of 10-13-70) happy to say - fine, go ahead - but I would not want to open it up to an unaudited use in the initial stages. Mayor Chappell: I don't think it will take too long for them to bring this criteria back to us, a matter of a couple of weeks. I am sure they have been considering this for sometime and I don't see January or February before they get the report back to use Councilman Young: I might say that is the only way I have been picked up in 10 years - by use of radar. Motion carried. Mayor Chappell: With regard to the Traffic Committee minutes of October 20 - Item IV - again is a request for the use of radar - do we have to discuss this again? Mr. Aiassa: Why don't we just proceed with the request for a detailed review of cost and what we can produce as far as radar uses and at our next meeting the Traffic Committee can recommend the streets that radar will be used on with the one experimental unit. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, that the Traffic Committee minutes of October 13,.1970 be. approved;:.and the minutes of October 20, 1970 with the exception of Item IV be approved. :_. DIBLIN PETITION Mr. Aiassa: Council received this petition FINAL STAFF REPORT and I authorized my staff to proceed with the general hearing with all the parties involved in the petition. I had representation at this meeting by the Chief of Police; Mr. Zimmerman, representing the Traffic Committee and Engineering; and Mr. Fast acting as the Chairman coordinating the hearing. An official hearing was held and they had a good...turnout. I would like Mr. Fast to outline the essence of the report, other than getting into the personalities involved. We also have Deputy Chief Meacham present tonight and he will be happy to an any questions Council might have. H. R. Fast I will paraphrase the report submitted to the Council in written form, perhaps as much for the information of certain members that I see here in the audience that attended certain meetings staff held. At the request of the City Council and as the City Manager indicated, the staff did look into the matter of the petition submitted from the residents on Herring and Barbara Avenues with regard to a request for additional law enforcement having to do particularly with traffic safety for the children and the residents along the street. The petition received contained some 230+ signatures. We held the public meeting, inviting all of the petition signers to City Hall as an informational gathering device and in order to have the individuals share their thoughts with us as to the problems and what the City -might do. Staff in attendance: representatives of the Traffic Committee, the Police Department, and myself. The Committee tried 'to obtain particular and explicit complaints from those present regarding the nature of the problem and how best to solve the problems and to examine our internal reporting..systems and prepare a report to City Council of these findings. - 33 - REG. CITY COUNCIL - 11-9-70 Page Thirty-four CITY MANAGER - DI.BLIN PETITION REPORT As a result of the meeting and an investigation, it was determined insofar as'Traffic Committee techniques were concerned, staff felt although there were quite a few recommendations made for traffic dontrol devices, that none of these were appropriate because they would have long range effects or side effects, trade- off problems that might be worse than the cure itself. Consequently, the Traffic Committee could not recommend that anything further be done with traffic control device systems such as the installation of traffic devices at intersections or speed bumps, etc. I might say that at the public meeting there were approximately 50 people and the complaints generated. at the meeting generally surrounded four particular points.- . Traversing the area travelling at excessive speeds; juvenile and young adult residents of the area and their friends using the primary streets for drag racing, testing of the braking ability of vehicles and exhibition speeding; occasional delay in response by police to citizen complaints; and a frequent re -occurrence of violations immediately after the police left. I think another thing that came out at this meeting was an explanation by the Police Department of the limitations of what the Police can do in terms of enforcement. There was a considerable amount of mis- understanding on the part of the citizenry, especially since traffic violations are misdemeanors and it was explained that the Police must observe the incident in the absence of a citizen arrest. As a result of this meeting the following action was taken by the Police Department: There was an assignment of plainclothes officers in unmarked cars assigned to the area to observe violations and .issue traffic citations when appropriate; considerable time was spent in this area of assignment and some citations were issued and warnings were issued. Additionally, police and city employees residing in the area were contacted and asked to submit their observations and recommendations. I was somewhat prejudicial in that area, I am afraid. Beat units were directed to give the area extra heavy patrol; an analysis was made of the complaints in this area and the records of the Police Department reflect that the area did actually average less reported incidents than comparative residential areas for the same period. This is for the calendar year of 1969. A second survey was made using May 1970 to October 1970 with identical results. So/in summation of the report at this po.int,one might conclude that the area has been subjected to frequent hazardous driving violations and attending noise activities; the primary offenders are people residing in the area/ or friends; and the majority_ of the petitioners did not report these incidents to the Police Department at the time they occurred or any time thereafter. This might have affected the statistics the Police Department had as compared to other areas; however, one does not know the extent to which other areas also do not report incidents. In addition to the meeting held calling in all the petition signers, the staff also met with the younger residents of the area and invited them into City Hall to discuss the entire problem. I think we could.say, in a very positive fashion, that this meeting produced a very meaningful dialogue between this Committee and the seven people that attended. I think we can say that these particular individuals have made an effort and will continue to cooperate with the City in its efforts to eliminate this problem. Based on the information gathered, and one of the other points the Committee wanted to find out, is that the police report- ing and recording system was not at fault for this incident to develop undetected. Findings and Recommendations: It is the Committee's findings and recommendations that the geometric design of the streets in question are conducive to fast vehicular traffic and the nature of ._ 34 - REG. CITY COUNCIL - 11-9-70 Page Thirty-five CITY MANAGER - DIBLIN PETITION REPORT the street design does not lend itself to traffic devices which would effectively deter speeding vehicles without creating un- satisfactory side effects. The street patterns in the area make enforcement of the speed law difficult utilizing the means presently available.to the Police Department. And it was found that at least four of the several juvenile or young adult residents of the area are the principal contributors to the problem. The majority of the petitioners are presently satisfied with the result of the Police Department's selected enforcement program to date. Therefore, we would finally recommend that the City Council should concur with the Police Department continuing to being sensitive to citizen complaints originating from this area and to initiate appropriate remedial action, if necessary, to prevent re -occurrence of this situation; and the final recommendation - and we would like to remind City Council that this recommendation comes as an adjunct of the Police Department, the Traffic Committee and myself -as an additional staff representative- that the streets of Herring and Barbara be added to the selective enforcement experiment for radar as has been approved by City Council for Durness and Evanwood. Motion by Councilman Young, seconded by Councilman Nichols, and carried, that Council adopt the recommendations made. GENERAL TELEPHONE CO. Mr. Aiassae As the Council knows our RATE INCREASE budget for the telephone (Oral Report) operation of the City is about $45, 550;for base service we spend $36,556, message units $470, and equipment changes $1524. The Telephone Company is requesting a 20/ increase on message units from .0405 to a flat 5(,' rate. This will increase our message budget approximately $1500. Further information also indicates there is a 10/ overall increase in other services of trunk line and private lines, which..would increase our 1970-71 budget about $5.100. The City has 15 trunk lines. For the City,4 trunk lines on L.A. exchange, 4 trunk lines Fire Department emergency calls, 6 trunk lines for Police Department emergency calls and one trunk line for area 714 and 11 private lines or a total of 41 trunk lines. I believe the hearing is scheduled for November 20th at Covina City Hall and the General Telephone Company is making a formal request of .PUC for an increase of 66 million dollars. I can't answer all the quarrels and questions as far as the protest is..concerned, but I would like permission from Council to attend this hearing and point out to the PUC that as a large consumer that the rate increase excecdingr any normal increase would be of a great burden.to the City. I gather General Telephone Company has improved its services in dealings with Mr. Misamore,and West Covina was one of the most critical areas. I think we have receivedservices that are double of what we had. And we also face the fact that someone must pay for these services. But it appears the heavy burden of the service will fall on the commercial use which are the business lines and the trunk lines. They have not detailed the exact amount of increase that will take place as far as the trunk lines are con- cerned. I believe this is one of the areas that I would be somewhat concerned in because we do have a number of trunk lines and an increase would cause a definite economical pressure on the City for this fiscal year, which we are only half way through. If the increase is adopted)and becomes effective in March or April this will cause us several months extra expense which is not budgeted. We realize that General Telephone Company made an original proposal to PUC and received approximately a 11 million dollar increase, of which the .PUC retained 4 million to see if General Telephone was going to comply with what they were -to do. And General Telephone cut down their original request to receive just enough money to rejuvenate the whole system, realizing that they could come back at another opportunity with a request. I can't answer any questions regarding the 66 million -whether it is - 35 - REG. CITY COUNCIL - 11-9-70 Page Thirty-six CITY MANAGER - GEN. TEL. CO. RATE INCREASE HEARING too high, is it equitable, or is it fair - that is only a decision the PUC cah make. All I can say is that economically the burden is going to fall on the commercial users. Councilman Young: Mr. City Manager - would you desire, or do you intend to file a protest or simply to attend this meeting for informational purposes? Mr. Aiassa: I would like permission from the Council authorizing me to attend and have the opportunity to express the feelings of the City as far as the trunk lines are concerned and clarify that when they do explore the final decision on rates that the signifi- cance of the rate values be considered because it has a great bearing on the users of the trunk line service. The 962 local line will be increased $1.60 per month, but I think the main things to be considered is the effect in the two areas of trunkline and message units. Councilman Young: I gather the intent of the Telephone Company is to try and spread the increase in rates as equally as possible keeping in mind the relative ability and return on the use of the lines. That the line in my house isn't really as val'tiable: to me as the line in my office, whereas the same line in my office is a legitimate write-off and the one in my home is not. Certainly a $5,000 increase to the phone bill is a legitimate concern, yet I am led to believe from a presentation several of us attended back in April or May, that this is the first time in something like 10 or 12 years that General Telephone company has sought a rate increase. I have been one of the severest critics on occasion 2 years ago with regard to the service I was receiving and I have noted a sub- stantial increase in the quality of service. I daresay if we go back over the last 12 years and view the operational increases of the City - for example, how much more we are paying for police units now than we did a few years back and for all the costs of city government, I suspect we are up percentagewise at least as much if not more in other areas of the operation of the city than we are on the telephone service. I am wondering about the wisdom of a protest at this particular point in time, and in light of the length of time since there was an increase and in light of the prospect of getting a General Telephone facility in West Covina. Mr. Aiassa: With regard to the latter, of our getting a facility here in West Covina, this will be complicated because of the way the General Telephone Company system is laid out. We have four general areas that are the central core. I believe Baldwin .Park will be serving a great portion of West Covina and also Covina and there is a branch now in LaPuente and for West Covina to get a system, I think it is going to be rather sl.im... Councilman Young: But it could be,what with the Umark development with another twelve to fifteen thousand units, plus the increase of apartments. Mayor Chappell: The PUC will have the hearing? (Answer: Yes) Who do they look after in their findings and reviews? I understand it is the citizen basically, and that the General Telephone Company will really have to show them that the amount of the increase is warranted. If we are the only City that goes in to complain - well complaining for the sake of complaining,is not an adequate reason in my mind. As Councilman Young said twelve years is a long time not to have a pay raise; our employees have had raises and I am sure their employees have, so they must have some real substantial facts to present to the PUC or they know they will be turned down. I wonder if a protest as such is really going - 36 - REG. CITY COUNCIL - 11-9-70 Page Thirty-seven CITY MANAGER - GEN. TEL. CO. RATE INCREASE HEARING to do any good? Mr. Aiassa: I don't argue the point that they are not entitled to an increase, but the question that comes to my mind is the percentage immediately applied. Agencies of this type a lot of times take a year or year and a half spread in the increase. They will gain a certain overall percentage, effective at a certain date and another percentage that will be effective on another date, which gives everybody using the facility an opportunity to grasp the overall cost. This is actually a 10% increase on your telephone bill and if somebody gave you a 10% increase in any of the services you are now getting - well I would say you would be the first one to come out of the box. The sneaky way a lot of them do is they put a percentage increase in,not effective for several months) -and they Make -the other benefits in that time. I believe the PUC attempted to do this with the Telephone Company by granting the 11 million and retaining 4 million to see that they accomplished what they said they would. I think this could be done again with a percentage increase. I would like to make this comment to Council - the PUC staff is limited, they have few supervisors and they have a great amount of work and can't usually spend the time needed on these complicated rate increases. Councilman Young: Do you compute an overall 10% increase in the telephone budget in West Covina? Mr. Aiassa: Yes. We went over all our rates and services and our total bill is $45,000 and our increase would be about $5100. in a year's time. Councilman Nichols: I concur with the thinking that has been leveled so far that we should not charge into the hearing and register a protest.; I do think, however, that it would not be inappropriate if we authorized the City Manager to attend and perhaps express the City°s concern over the trunk line charges. I do think the City does have a proper role to say to the PUC the extent of the involvement in these increases and to give that information and express the City°s concern in that area; but to protest the general rates applied to the city in general - no. Councilman Lloyd: I concur with the comments already made, I see no point in going forward and creating further problems._ I would suggest we sit back and watch. I don't want to make an appear- ance - if you ask me. Motion by Councilman Nichols, seconded by _Councilman Shearer, authorizing the City Manager to appear at the PUC hearing on General Telephone Company, and,should he deem it desirable) express a concern about the trunk line 'rate structure and the timing of those rate increases but to indicate that the City of West Covina is not lodging a protest against a rate increase. Motion carried. Councilman Lloyd voting "no". FLOOD INSURANCE Mr. Aiassa: Council has a written report by the Controller on this item. We also found out there were other things that we felt the Council should know. The City of Covina is the first City in our area feeling the effects of this and one of these is that the mortgage carrier by implied direction can be forcing people to carry flood insurance and this is not saying it is a law because I believe it is their prerogative that they can request it of the mortgagee. Maybe the City Attorney can cast some light on this. - 37 - REG. CITY COUNCIL - 11-9-70 CITY MANAGER - FLOOD INS. REPORT Page Thirty-eight Mr. Wakefield: Most mortgages and trust deeds contain a requirement for a certain kind of insurance coverage and. Flood Control Insurance.is one of the kinds of coverage and if..it_.?ecomes available and is required it would be a coverage by the mortgagee. So the fact is that if you go into this program you make subsidized insurance for flood control damage available whereas it is not otherwise available and which could result in people having to include it in their insurance. I don't know if that is bad or not. It depends upon the area in which they live. Mr. Aiassa: Certain homes do not have this risk. Yet the mortgagor could request it of the mortgagee. Mayor Chappell: After attending several seminars on this particular service this information was not relayed to .us - I certainly would recommend that we start calling around. We have a number of Savings and Loans in our community and find out if that is a true statement. If they are going to require people to buy this then we had better look into it again, but that wasn't the impression I was getting. First of all the only ones that will be buying flood insurance will be those that need it and that is why the rate is high - 40(,4 a hundred is high and you can only buy $17,000 maximum coverage. I would want this checked further. I wouldn't want to find out that the loan companies could require everybody to buy that and that is not my understanding of this bill. I will look into it through my Association and report back to Council, but I think staff should also look into it. Councilman Nichols: All of my real estate papers do stipulate a commitment to carry fire insurance but there is no clause to my knowledge that requires me to take out any other type of insurance. Mayor Chappell: Let's have an answer by the next regular Council meeting. Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, to hold off this item until the December 14, 1970, Council meeting. PETITION REQUESTING Mr..Aiassa: This is a petition request - ACCESS ONTO MICHELLE ing access onto Michelle FROM AZUSA AVENUE from Azusa. The Traffic Committee is recommending a group meeting of the property owners to be held on November 12th at 7:30 P.M. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, receiving and filing report. RESOLUTION NO. 4250 The City Manager presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, COMMENDING KIRK WILSON FOR HIS SERVICES TO THE CITY." Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, awarding a perma plaqued Resolution to Kirk Wilson. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None EIRZNE REG. CITY COUNCIL - 11-9-70 Page Thirty-nine CITY MANAGER - Cont°do FREEWAY WIDENING & Motion by Councilman Nichols, seconded by ROUTE 39 - REPORT Councilman Lloyd, and carried, receiving and filing informational report. RECREATION FLYERS Mr. Aiassa: You have a written report on TO COVINA SCHOOL this and it appears that DISTRICT there is a little problem because the Covina Valley Unified School District is much more extensive than just West Covina. The Recreation & Park Commission and Department are going to recommend that a mailer be sent out next year, so it can be discussed then and if this is done it will probably solve this problem. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, receiving and filing this informational report. LETTER FROM Motion by Councilman Young, seconded by HAROLD L. JOHNSON Councilman Lloyd, that this letter be re ENGINEERING received and filed. SERVICES Councilman ..Nichols: A brief comment. It is difficult to conceive that a firm as familiar as this firm is with engineering procedures would address a letter to the City Engineer requesting the privilege to submit proposals for engineering work and stating it is subject to bond approval and yet not be aware that all of these proposals and design facilities had to been completed in advance of the election. Mr. Aiassa, do you have any comment on that at all. Are all the designs completely and totally designed? Mr. Aiassa: Yes. We awarded the contracts to the engineering firms that are doing the actual storm drain work. We did that in early 1970. Mr. Zimmerman: We had to meet a deadline for the freeway widening agreement so we went ahead in advance of the bond issue election. Motion carried. CITY CLERK SALVATION ARMY Motion by Councilman Nichols, seconded REQUEST by Councilman Lloyd, and carried, granting permission to the Salvation Armyl as in prior years/for placing Christmas Kettles in Plaza Shopping Center and Eastland Shopping Center from December 1, 1970 to December 24, 1970. MAYOR'S REPORTS Mayor Chappell: I received a letter from the President of the Chamber of Commerce asking me to have a resolution drawn up for the girl who served as Miss West Covina for the past two years - Wendy Anderson. RESOLUTION NO. 4251 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA COMMENDING WENDY ANDERSON FOR HER SERVICES TO THE CITY." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, that the resolution to Wendy Anderson be prepared and perma plaqued. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None - 39 - 0 REG. CITY COUNCIL - 11-9-70 Page Forty MAYOR'S REPORTS - Cont°d. Mayor Chappell: The Hot Line has requested me to proclaim Thanksgiving Week, November 22nd, as Hot Line Week. If there are no objections, so proclaimed. COUNCIL COMMITTEE REPORTS Councilman Shearer: One brief comment on the dance held Friday night. I checked out the field Saturday afternoon in response to the citizens who thought the infield would be ruined) and if you had not known that there had been an activity there the night before you would have thought it was just a normal infield. So there was no damage whatsoever to the Mustang Pony League field. I think they did a very fine job. Mayor Chappell: I think some of their supervision should be commended - they did a good job. And there were some 1800 students there, so I heard. Mr. Aiassa: Thev_ said they had a good control on the f1 Ices and everything went off smoothly. Councilman Nichols: You mean the City wasn't burned down or anything like that? Councilman Lloyd: I was in -attendance at the dance and I thought the conducting of it merits consideration. Frankly, I didn't think it could be done, but I talked to Lt. Kortan of our Police Department and Joan Wilson and some of the young people out in the field and although our fears were not ungrounded it did turn out to be a successful venture. Mrs. Bergman might tell us of the ticket sales? Mrs. Ba Bergman: According to the ticket count that night we did take in $1574. I don't have the final amount raised. Councilman Lloyd: It was certainly an orderly group - but standing in the cold and drizzle and just listening to music and seeing coloredl.ights - I don't know what they get out of that but it was a success. DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, approving Demands totalling $208,136.50 as listed on Demand sheets C734 through C736. This total includes pay roll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ADJOURNMENT ATTEST: Motion by Councilman Lloyd, seconded by Councilman Young, and carried, adjourn- ing meeting at 12:20 A.M. APPROVED: MAYOR CITY CLERK