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03-08-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA,.CALIFORNIA MARCH 8, 1971. 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 Chester Shearer. The invocation was given by the Reverend Steven J. Lowrance of St. Christopher's Church. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present: Lela Preston, City Clerk George Wakefield, City Attorney George Aiassa, City Manager Robert Fast, Ass't. City Mgr./ Public Serv. Dir. Richard Munsell, Planning Director George Zimmerman, City Engineer Leonard Eliot, Controller Ross Nammar, Administrative Assistant Bert Yamasaki, Ass't. Planning Director Louis Winters, Civil Engineering Associate Terry Brandt, Administrative Analyst APPROVAL OF MINUTES February 16, 1971 Motion by Councilman Lloyd, seconded by Council- man Shearer and carried, to approve minutes as submitted. February 22, 1'971 Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to approve minutes as submitted. AWARD OF BIDS PROJECT NO. 125-7009 LOCATION: Friendship Park. COMFORT STATION The City Clerk stated a'total of 8 bids were received and opened in the office of the City Clerk at 10:00 A.M. on February 24, 1971. All bids were checked for errors and all but one determined to be valid bid proposals. Bids received: Carlson Design $21,350 Al Gray $23, 570 Hassett $24,603 Kelly Miller $25, 770 Bracey $27,268 Adamson $28,000 McAnd.ews $29, 940 Diamond Builders $32,373 Motion by Councilman Lloyd, seconded by Councilman Shearer, to accept the bid of Al Gray in the amount of $23,570 as presented at the bid opening of February 24, 1971, for Project 125-7009; and authorize the Mayor and City Clerk to execute an agreement with said Al Gray for the work to be done. Councilman Shearer': Mr. Mayor, I would like to ask what irregularities there were that make the low bid unacceptable to us? Mr. Wakefield: Mr. Mayor, perhaps I can answer the question. City Attorney There were two irregularities; one consisting of insufficient bid bond in the amount of .$1,600 rather than 10% of the -amount bid. The second irregularity however is really the one which resulted in the withdrawal of the bid from consideration. The bidder —reported in the computation of his bid CITY COUNCIL 3/8/71 Page Two AWARD OF BIDS: PROJECT 125-7009 one of the subcontractors had omitted substantial item from his calculations and this error was carried forward in the contractors bid when introducing his bid. So in fact what we have is a bid in which the contractor is asking to be relieved, simply because of the error that occurred in his calculation. • Councilman Shearer: Had he not had this second item the City's regulations would require not to award the bid if the bid bond is insufficient - does that automatically reject that bid? Mr. Wakefield: No, the insufficient bid bond is really an City Attorney item for the protection of the City and the City Council -would have the power to waive that irregularity and award the contract. Councilman Shearer: Has any substantiation been offered by Carlson of his error in calculations? Has staff agreed or is it merely his word? Mr. Wakefield: This I am not able to answer,Councilman City Attorney Shearer. The request to withdraw the bid was made to staff and I did not personally verify the work papers. Perhaps staff can answer. Mr. Fast: The staff did verify that there was an error based upon the submittal of the investigation of the subcontractors quotations to this con- tractor and other contractors did determine the error was in f aq-t. Councilman Shearer: For the record the reason I asked these questions I am familiar with these typesof' proceedings and this then is a standard p�o- cedure. Someone might question why we go to another bidder that is $2,000 over and if the low bidder can substantiate what we call a clerical error this is grounds for his release and staff has verified that this,is so, and I will vote for it. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to authorize the transfer of funds according to the staff, report dated March 5, 1971. Mayor Chappell: For the benefit of the audience if you don't hear much from Councilman Young tonight it is because he has a broken jaw and it is all wired together and I am sure he will be leaving shortly because this no doubt is causing him some pain. So he will be leaving at anytime at his discretion. BID NO. 71-120 VEHICLES Bids received up to 10:00 A.M. • BID NO. 71-121 - STREET SWEEPER Match 3, 1971 in the office of BID NO. 71-123 - SWEEPER BROOMS the City Controller. Mayor Chappell: We have a request from the City Controller asking that these items be held over to the Council meeting of March 22,`1971. So moved by Councilman Lloyd, seconded by Councilman Shearer and carried. - 2 - 0 CITY COUNCIL 3/8/71 PUBLIC WORKS ITEMS PROJECT NO. SP-70011 and SP-71011 TERTIARY STREET MAIN- TENANCE PROGRAM SULLY -MILLER CONTRACTfNG COMPANY PROJECT NO. TS-71006-1 SMITH ELECTRIC COMPANY Page Three LOCATION: Various throughout the City. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to accept. street improvements and authorize release of Highlands Insurance Company bond No. 904238 in the amount,of $103,016.66 subject to Notice of Completion procedure. LOCATION: Intersection of Amar Road and Azusa Avenue. Motion by Councilman Shearer, seconded by Councilman Lloyd.and carried, to a.ccept traffic signal modification and authoriz.:e release of Insurance Company of North America bond No. MNR648147 In the amount of $2,591 subject to Notice of Completion procedure. PROJECT'NO. SP-69007 LOCATION: Azusa Avenue between Francisquito GRIFFITH COMPANY Avenue and Cortez Street. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, :to a.ccep.t street improvements and authorize...._ re -lease of the American Insurance Company bond No. X SCR-707 25 90 in the amount of $494,867.27 subject to Notice of Completion procedure. LIGHTING ASSESSMENT DISTRICT LOCATION: Citywide. 1971-76 LIGHTING DISTRICT (Council reviewed Engineer's report.) LAD 71-76 Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to accept and- file. City Engineer's report.. RESOLUTION NO. 4311 The -City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESS- MENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND REPORT FOR LIGHTING DISTRICT LAD 71-76, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STREET LIGHTING ACT OF 1919, AS AMENDED, FOR THE INSTALLATION, FURNISHING OF ELECTRIC CURRENT AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY FOR A PERIOD OF MONTHS ENDING JUNE 30, 1976." Mayor Chappell: Hearing no objections9waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None TRANSFER OF STORM DRAINS LOCATION: Drain 104, Nogales & Valley TO LOS ANGELES COUNTY View Streets, Tract No. 27655. FLOOD CONTROL DISTRICT Drain 255, Azusa Avenue from Cortez Street DRAINS 104 and 255 to Vine Avenue. (Council reviewed Engineer's report.) RESOLUTION NO. 4312 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUEST- ING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA, TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND - 3 - CITY COUNCIL 3/8/71 Page Four PUBLIC WKS. ITEMS: RES. #4312 DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 104, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF." • Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Shearer, to a.dopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None RESOLUTION NO. 4313 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA, TO ACCEPT ON BEHALF OF SAID DISTRICT'A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 255, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: Norte ABSENT: None RESOLUTION NO. 4314 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE AND CITY OF WEST COVINA, APPROVING FINAL SUB- DIVISION MAP/ ACCEPTING AN AGREEMENT BY._THE:...SUBDIVIDER AND SURETY BONDS TO INSURE .THE SAME, TRACT NO..30398 (Planned Community Development, Woodside Village, Umark, Inc., and Donald L. Bren Co.)" Mayoi Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd to adopt said Resolution. —Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.pp.ell NOES: None ABSENT: None RESOLUTION NO. 4315 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF WEST COVINA, ACCEPTING A GRANT OF EASEMENT FROM THE DONALD L. BREN COMPANY FOR IRRIGATION CONTROL PURPOSES AND DIRECTING THE RECORDATION THEREOF." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by"Councilman Shearer, seconded by Councilman Lloyd, to a'd'opt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None 4 - CITY COUNCIL 3/8/71 Page Five PUBLIC WKS. ITEMS: RESOLUTIO14 NO. 4316 The City Clerk presented: ADOPTED` "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT DEED FROM LAWRENCE T. BASSETT AND LORRAINE E. BASSETT AND DIRECTING THE RECORDATION THEREOF. (Precise Plan No. 598)." • Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ENGINEERING SERVICES RE: Los Angeles County Flood Control AGREEMENT District Bond Issue Program 1970 (Council reviewed Engineer's report.) Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to'.a.uth,orize the Mayor and City Clerk to execute agreement for engineering services to design certain projects allotted to West Covina in Los Angeles County Flood Control District Bond Issue 1970 Program. POWER LINE SEVERANCE (Council reviewed Engineer's report) GALSTER PARK Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, that ItemsJ-5• under the City Clerk's agenda be brought forward to be considered along with this item. Councilman Shearer: Mr. Mayor, a question. I notice in the staff report that both utility' -companies involved have indicated they would not charge for the cost. Does that include the repair.of the broken line or only the damage? Mr. Aiassa: They won't charge us any discontinuance of their service but there will be a charge of probably $150.00 for the presplicing of the line. Councilman Lloyd: How much is it going to cost us in all? Mr. Zimmerman: Councilman Lloyd,the matter has not been added up yet and certainly there has been no liability established as far as the City is concerned, these are merely claims amounting to approximately $700 for damage to motors which have been put out of action. If the claims -are granted then it will become a matter that the insurance company would have to take care of. Again; not a direct charge to the City. Councilman Lloyd: Do you anticipate any further claims? Mr. Aiassa: Yes. 40 Mr. Zimmerman: There are none that we are aware of but they have been coming in up to the present time so it is conceivable we might get more. Mr. Aiassa: For the Council°s benefit and I believe the City Attorney will so advise us to accept the staff report and reject all claims and transfer them to our insurance carrier. �Iw CITY COUNCIL 3/8/71 Page Six PUBLIC WKS. ITEMS: Power Line Severance Mr. Wakefield: Yes,Mr. Mayor and members of Council, this City Attorney is a liability covered by the City°s insur- ance policy. The appropriate action would be to folidw:. the.recommendation of the City Manager. •Councilman Lloyd: Mr. Aiassalit would appear, in reading the report - I don't really see where we did anything wrong, it just happened to be where the area of easement was so wide you didn't really know where you were looking in that area. Mr. Aiassa: Two problems. One was it was quite wide and the other was it was quite deep and they didn't know where to start the actual hand digging and we would have had to do some actual cribbing if done by hand because I would not allow a man to go down into such a deep hole without cribbing. We have only had two such accidents since I have been with the City, one was by a private firm on Palm Avenue when they disrupted telephone cable and caused a fire. (Explained further that there might be some adjustments made re- garding the service, age of motors, etc. etc.) Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to accept staff report; and further to deny claims and referring them to the City°s insurance carrier. PRESENTATION Mayor Chappell: At this time I would like Coach Mel Eaton and the two co-cap.tains_to,; step forward. From time to time the City Council gives a commendation for jobs well done in the community whether it be in the area of youth or citizen participation and this evening we are giving a commendation to the West Covina High School 1970 Varsity Football Team. We have the two co -captains and the head coach from the West Covina High School present. (Read Resolution No. 4274.) It is a little late but we certainly mean what we said here and are happy to make this presentation. (Presented plaque of commendation.) In fact this is one of the first commendations ever signed by all five City Councilmen at one time, so it is something different and we certainly think you fellows did an outstanding job. For `the benefit of the audiences Coach Eaton was the Head Coach at West Covina High School and has just now accepted a job at the local Junior College as football coach at Mount SAC and we certainly look forward to a lot of our young men playing at the Junior College level. The basketball team also won the Sierra Championship, not to be outdone, and so we will -be making a presentation to them soon. West Covina certainly had an outstanding year this year both in football and basketball and we thank you all for coming. HEARINGS • 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 (One Family Residence) to O-P (Office -Professional) for a triangularly shaped 2.03 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. Recommended by Planning Commission Resolutirns Nos. 2276 and 2277. Phases A and D approved 8/24/70;, -Pha:seS.. B :and ',C, an:d, _n :,Cha::rige...:he,ld over. to. 9/14/70 and-then:.,to A:'.0/1.3/70 ;_ilk c9t/c m, 2/8/'7T and'. to '3/8./71-:'at: tlie:.,.request of the appl'ica.nt. (P,la.nnirig;..Direct'or:'s. ,Moditica.t_ion to Precise Plan approved by Planning Commission Resolution No. 2326. - 6 CITY COUNCIL 3/8/71 Page Seven HEARINGS: ZC #442 & PP #599 Mr. Munsell, Planning Director, presented staff report dated March 8, 1971, explaining previous action taken. Slides shown and explained. Mr. Munsell: Mr. Mayor and members of Council, at this . point unless there is some other impediment that I am not aware of,all the requirements as set forth by City Council have been met and the recommendation of the Planning Commission was to approve the zone change from R-1 to O-P. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 442 AND PRECISE PLAN NO. 599. IN FAVOR Clark Coleman :(:Sworn in by City Clerk) 1223% South Second St., I represent Allstate Insurance Company and Alhambra, California I would like to present our advantages and recommendations for the zone change in that we feel from the point of view of the total development of the property that it can be best utilized to its full economic extent by the zone change into making it into parking. The zone change if not O-P would remain residential and the piece of property in that particular section would not be applicable or readily developed into residential homes and we can best utilize this property for the parking needs of those using the structures in the Precise Plan. We request the zone change from an employee -customer standpoint in our efforts to provide adequate parking not only for the year 1971 but for ten to fifteen years,'the length of time we propose to stay in this building. Parking throughout greater Los Angeles and throughout the Valley --.has became .a critical problem and we feel that._ ]#ahningw..€or' the-future',parkIng at this time when the building is first developed,we can avoid critical problems in the years to come and that the entire facility will be adequate for ten to fifteen years. Thank you® THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED.. COUNCIL DISCUSSION. Councilman Lloyd: Mr. Mayor I would be favorably disposed to the recommendation of the staff. I think this is a reasonably good development. They have adequate facilities and this is the type of development we need if for nothing else but,our financial tax base. Mayor Chappell: This development will certainly provide employment for residents of our community as well asa good building in an area we are hoping will continue to be developed in this manner. Councilman Shearer: I am in favor of it,also, but I would like. to commend staff and the developer - both in coming up with a suitably acceptable solution which may have been a small problem to us but a major problem to the residents on Sawyer Avenue; one by their absence tonight they must be satisfied with. believe it is a good solution. Motion by Councilman Lloyd, seconded key Councilman Shearer and carried, to approve Zone Change No. 442 and Precise Plan No. 599, Maurice Zebker, south side of Cameron Avenue adjacent to and west of the Walnut Creek Channel, as per Planning Commission Resolutions No. 2276 and No. 2326. - 7 - CITY COUNCIL 3/8/71 Page Eight HEARINGS MAINTENANCE DISTRICT NO. 1 LOCATION: Amar Road and Azusa Avenue. ASSESSMENT ZONE BOUNDARY HEARING OF PROTESTS and objections to CHANGE - WOODSIDE VILLAGE the proposed boundary changes within PROTEST HEARING Zones I and II of Woodside Village • Maintenance District No. 1, set for hearing on this date by Resolution No. 4300 adopted by the City Council on February 8, 1971. (Council reviewed Engineer's report.) Mayor Chappell: Madam City Clerk,do you have the affidavits of posting and publication? Lela Preston: Yes, I do. City Clerk Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to rece.ive and .file the affidavits of posting and publica- tion. Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to accept and file Engineer°s report. Mayor Chappell: Mr. Assessment Engineer,do you have the data relative to the proposed Maintenance District No. 1? Mr. Wakefield: Mr. Mayor, perhaps I can supply the information City Attorney necessary in connection with this matter. The City Council will recall that earlier this year Woodside Village Maintenance District No. 1 was established for the purpose of providing a means for the maintenance of certain open space areas within a tract of land being developed by the Donald L. Bren Company. One of the requirements for the approval of the original development was that proceedings would be initiated and carried through to completion for the establishment of a Maintenance District to finance the continuing cost of the open space areas within the tract. After the initial action had been taken it became apparent that the stages of development contemplated by Donald L. Bren Company would not fit into the original assessment zones. Two were.' established initially for the purpose of levying a special tax within the zones to provide for the direct benefits over and above those received by the entire area for those zones especially benefited and in order to adjust the assessment zones to fit the planned development a new Resolution of Intention to modify the Assessment Zones and provide for five instead of the original two was proposed. This is the time and place where anyone desiring to object to the change in the zones or to the extent of the boundaries of the individual zones may have an opportunity to be heard. The establishment of the zones will correspond to the development plans of the Donald L. Bren Company for the area and will make it possible to assess special benefits to areas as they develop and avoid the necessity for taxing areas initially in which there is no immediate residential development planned. THIS IS THE TIME AND PLACE FOR THE PROTEST HEARING. THERE BEING • NO ORAL PROTESTS OR COMMENTS, PUBLIC HEARING CLOSED. Mayor Chappell: Madam City Clerk„do you have any written protests or objections? Lela Preston: I have not received any. City Clerk COUNCIL DISCUSSION. CITY COUNCIL 3/8/71 Page Nine HEARINGS: MAIN. DIST. NO. 1 Councilman Shearer: My only question would be the comment that I made last Monday regarding the misinformation being given out by the salesman at the tract? . Mr. Munsell: Staff has directed a letter to the Donald L. Bren Company regarding information being given out by the salespeople and we have not yet received a reply. However, we will be having a staff meeting with their government affairs representative tomorrow morning and I expect to discuss it in depth with him at that time. The letter by staff expressed the concern expressed by Council and staff offered its help to indoctrinate their sales staff with -the Woodside Village program. I thought it better to put it in writing rather than just by a telephone conversation. RESOLUTION NO. 4317 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ORDERING THE ESTABLISHMENT OF ASSESSMENT ZONES WITHIN WOODSIDE VILLAGE MAINTEN- ANCE DISTRICT NO. 1 IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 4300." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman. Shearer, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Chappell NOES: None ABSENT: None ZONE CHANGE NO. 451 LOCATION: Northeasterly corner of Willow PRECISE PLAN NO. 607 and Garvey Avenue. WILLIAM BARNES REQUEST: Approval of a change of zone (Blue Champagne Pools) from R-A (Residential Agricultural) to S-C (Service -Commercial) and approval of a precise plan of design for an indoor swimming pool display and an office structure on a 0.46 acrd. parcel. (Recommended by Planning Commission Resolutions Nos. 2320 and 2321.) Mr. Munsell, Planning Director, presented slides and explained . along with a summary of Resolution No. 2320 regarding Zone Change Application No. 451. Further stated that the Precise Plan meets all the criteria for this particular use and staff recommends . it be adopted in conformance with those conditions set forth in the Planning Commission Resolution No. 2321 recommending approval. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 451 AND PRECISE PLAN NO. 607. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Lloyd: Mr. Mayor, a comment. It looks to me like this would be a decided advantage and improvement in the aesthetic values of the area. I • certainly would be very favorably disposed. Councilman Shearer: If I did what my ulterior self would tell me, I would vote against it because I think we are owed by the applicant, an appearance. I feel if he is interested in a zone change he should appear before us , but I won't be that petty this evening and vote on that basis. But for', the record in the future, as long as I am on Council I would like the courtesy of the'applicant showing up and at least saying - "hey, fellows,I would like you to vote my way" - but I will not be that petty and will support the vote for the zone change. H&OM CITY COUNCIL 3/8/71 Page Ten HEARINGS: ZC #451 & PP #607 Motion by Councilman Lloyd, seconded by Councilman Young and carried, that Zone Change No. 451 and Precise Plan No. 607, William Barnes, Blue Champagne Pools, located at the northeasterly corner of Willow and Garvey Avenues, to approve -. as recommended by Planning Commission resolutions 2320 and 2321. • THE CHAIR CALLED A RECESS AT 8:25 P.M. COUNCIL RECONVENED AT 8:35 P.M. Councilman Shearer: Mr. Mayor, before we go on, since I made a rather candid remark with regard to the representative of the Pool Company, he is"here now and he did not anticipate Council would move as rapidly as we did. Last time when it appeared before the Planning Commission he was not heard until close to midnight, so I would like to acknowledge that he is here now. PLANNING COMMISSION REVIEW ACTION OF (Council reviewed action; Mayor Chappell asked MARCH 3, 1971 if there were any comments.) Councilman Lloyd: On Item 1 regarding banners and flags to auto dealerships. I notice they ran 5 to 0 declin- ing the application. I have had some .comments directed to me by dealers in the automobile business and their con- cern is they are meeting competition unfairly or that other people have more adequate and attractive devices in the area of selling their ware. I agree there has to be a line of demarkation and certainly automobiles with their hoods up like yawning mouths, flashing lights, etc., is not in keeping with what we are trying to achieve, but I am wondering if we are achieving what we want to do which is the encouragement of business along with trying to hold down the dis- advantages of the garish type displays. Councilman Nichols: It has only been less than a year, I think, that the City very laboriously went back over the Sign Ordinance again and the matter of pennants and flags were reviewed and the Chamber of Commerce had a Committee that donated a great deal of their time in reviewing the Sign Ordinance and it came back before the Planning Commission and then the Council and the present regulations were a result of that review and all of the automobile agencies in the City of West Covina through their Chamber membership were apprised of that at that time. I would be most reticent to reopen the entire matter and start back over that same ground again so soon. If a single member was not aware of that it is more of a result of the dealership not seeking to become aware than the fact those regulations were not known to all. That there is a problem and continuing controversy as far as flags and banners I certainly believe, and probably at some later date we should again consider going into that, but not at a piece at a time or a Variance at a time basis, because then it becomes a very tedious process to measure each persons needs in. terms of flags and banners at each location. Councilman Lloyd: I concur,Councilman Nichols. I think perhaps we should ask the staff if we might not have a review of the Sign Ordinance as to where we ` stand, what the problems of enforcement are, what,if any,are the reactions of the people? I think that is a resonable study pre-, sentation to this body fof one of its future meetings, and in the fairly near future. Mr. Aiassa: Yes. I believe the one that is particularly a handicap is because we have some sister cities with no regulations regarding pennants, etc., and we do have and this does cause a little bit of a problem in a relation , whes"e we are trying to help our business�epple and. - 10 - CITY COtNCIL 3/8/71 Page Eleven PLAN. CdM.: Review of Action and keep abreast of the times. I think it probably would be an advantage if staff rereviewed this and came back to Council with a case report. I think there is a study going on now in regard to the zoning where automobile agencies are established - is that • right,Mr. Munsell? Mr. Munsell: Yes, the current Sign Ordinance as revised has not had any problems as yet because we extended the date for compliance until August of this year, so really there isn't much I can report back to -you other than going back over and reviewing those signs to see which ones now comply that didn't before. In terms of the present situationlat the Planning Commission's requestlall existing agencies are being studied for the Commission's review for a zone change from the old C-2 and C-3 into the new S-C. 'So that these will be before the Commission, I believe, the second meeting in April. Mr. Aiassa: I believe what he is really saying is there are some nonconforming pennants and agencies that are taking advantage of this until the August period. Mr. Munsell: That is correct. Councilman Lloyd: But according to Councilman Nichols' statement, he is saying in addition to the staff -study that we might ask for some comment from the Chamber of Commerce. I think if it goes into effect this Fall we might have a quick review of what we face prior to its inception and no question about it, we all know, we are going to receive comments from those that feel they are being unfairly put upon even though' they have lead 2 years or plus before becomirig' effective , But as soon -as the)( feel the restraining hand,they will promptly show up and say they have been put upon. In any event,we should certainly work with the Chamber on that before it go.es in and then we will be prepared for some of the comments we will get. Mr. Aiassa: Some of the nonconforming signs have been there for all of my time - at least 13 years and haven't complied yet. Maybe this August we will succeed. Councilman Nichols: Again,gentlemen, I hope we don't forget the literally hundreds and hundreds of hours that have gone into this matter even in the" last year or year and a half. The fact is that the period of conformance was to have ended August of 1970 and there were great and vociferous complaints about this and a new committee was appoint- ed and the Chamber�of Commerce did play a very active role and some of the strongest objectors played -active roles and even the question of,pennants and flags for real estate offices was opened up again and a new final date established. If everytime we come up against a date we have to reopen it again and go all the way through it,..I hope we have at least one new councilman and one new Chamber man because I don't think we want to go through it again, not within • the year anyway. Mayor Chappell: Basically, as Councilman Lloyd pointed out, we should really know where the fan is going to hit us. Councilman Nichols: Yes,and it will hit you everytime anyone is told to conform. Mr. Aiassa: I believe Mr. Zimmerman was Chairman of the Citi2efts' Sign Committee meetings that carried on MAM • 0 CITY COUNCIL 3/8/71 Page Twelve PLAN. COM.: Review of Action for about 431 months, maybe Mr. Zimmerman can update the findings of that Committee and present a report to the City Council on March 22nd. Mayor Chappell: Fine. Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to receive and file the summary action of the Planning Commission meeting of March 3, 1971. Mr. Aiassa: One further point. On Item 4, I would like Council to be alerted to the ad hoc Committee meeting between the City of Walnut and the City of West Covina. They are discussing some very timely projects and items and by giving you copies, Council will know what is going on. We would appreciate your reviewing them. TENTATIVE TRACT NO. (Approved by Planning Commission Res. No. 29126 (Brutoco) 2315.) Mayor Chappell: We have a request by letter fromMr. Brutocao asking us to hold this item over to our next regular meeting of March 22nd. Motion by Councilman Shearer,, seconded by Councilman Lloyd and carried, that'the extension of time requested byKBruts:co Development Company be granted., RECREATION & PARKS COMMISSION REVIEW ACTION OF Motion by Councilman Lloyd to receive and file. FEBRUARY 25, 1971. Mr. Aiassa: and require Council action. Items 1 through 6 are recommendations to the Council Councilman Lloyd: I notice it in the summary review report but it is not so stated on our agenda. I suggest it be put on the agenda in the future. Motion died for lack of a second. Motion by Councilman Shearer, seconded by Councilman Lloyd, to accept, the decisions of the Recreation & Parks Commission of February 25, 1971, Items 1 through 6. Motion carried. Councilman Shearer: I have a question, Mr. Mayor, Item No. 4. I believe we had some discussion previously on this and there are some representatives present from the Dog Obedience Group and it appears that recommendation Nov 4 does not refer to this organization. Are they not going to be sanctioned or rerecognized? Mr. Aiassa: In reviewing the Recreation & Park Commission minutes, they are going to hire, as they do with all their other Fee and Charge Accounts, qualified person or persons to handle this program and there will be an established fee charged. I believe oreof the problems that came up in sponsoring this program is that'they go beyond the city limits of West Covina, sometimes,they go National or Statewide or Internation- al. The hope of the Recreation & Park Commission is to�,est-ablish it like all other Fee and Charge Accounts. We wouldn't have the lady that handles the ballet tied in with any State or National organiza- tion; she is qualified on the basis that she meets the requirements set forth by the Commission and the Department. Motion by Councilman Shearer, seconded by Councilman Lloyd and �. carried, to. .re'ceive and file . the section of information items included in the summary of action. 12 - CITY COUNCIL 3/8/71 Page Thirteen REC. & PKS. COM. - Summary of Action Mr. Aiassa:, Mr. Mayor, Council may have some concern on Informational Item No. 5 regarding the Youth Center smoking policy. They would like to try this on an experimental basis and if you have any comments we would like to have them before it meets the voting stage for the second • time. Mayor Chappell: It may never come to that. I notice the motion carried a 5 to 0 vote against. Councilman Shearer: I take it the action here was to turn down the pilot program and go back for more study. Mayor Chappell: If you want any other input from Council and no one else is going to say anything, I sure will. This is a Youth Center for teenagers, 13 years of age and up, and I certainly can't justify a smoking area. That is a personal opinion of course, and I will probably vote that way if it ever comes to the attention of the Council, but as it. stands now it may never get here, Councilman Shearer: We could take perhaps the easy way and say "taell,everybody does it"and therefore we should go along,but I don't think that is the attitude we should take. Perhaps that is why so many things get as far as they do, by saying"well,everybody does it"so we will condone it. I don't think the City should condone what basically is an illegal act for anyone under 18. I am not sure whether it is illegal to smoke or buy, but whatever the State Law is, for us to officially condone'an illegal act I think would be somewhat unwise as an elected body. Maybe I am prejudiced because I don't smoke. Mr. Aiassa: I might remind Council that we have a joint meeting with the Recreation & Parks Commission on March 29th at 7:30 P.M. PERSONNEL BOARD Minutes of February 2, 1971 Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to re- ceive and file. Minutes of February 16, 1971 Petition from Police Association Requesting Recognition as Bargaining Unit officially recognizing the West Covina bargaining unit. • Petition from Firemen's Requesting Recognition Bargaining Unit Board and City Attorney, Firemen's Association as Motion by Councilman Lloyd, seconded by Councilman Nichols, and carried, to receive and file. Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, to accept the recommendation of the Personnel Board and City Attorney, Police Association as a formal Association Motion by Councilman Nichols, as seconded by Councilman Lloyd and carried, to accept the recommendation of the Personnel officially recognizing the West Covina a formal bargaining unit. HUMAN RELATIONS COMMISSION Minutes -of Jan. 28, 1971 Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to receive and file. - 13 - f Ii CITY COUNCIL 3/8/71 Page Fourteen HUMAN REL. COM. Summary of Action Mr. Aiassa: You are now receiving a' February 25, 1971 Summary of Action which is an informational item. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried,, to receive and f ile the Summary of Action of the Human Relations Commission meeting of February 25, 1971. WRITTEN COMMUNICATIONS MRS. ESTHER HEFLIN Motion by Councilman Nichols, seconded by 7862 Varnu, Van Nuys Councilman Lloyd and carried, to reject Injury Claim the claim of Mrs. Esther Heflin and to refer: to the City°s insurance carrier. CALIFORNIA DIVISION OF Motion by Councilman Nichols".to'refer HIGHWAYS the Proposed Route 39 Freeway to staff. Seconded by Councilman Lloyd. Councilman Lloyd: A question of Mr. Aiassa. Is there anything we can do about this report? Can we change any of this if we wanted to, or has the action been completed? Mr. Aiassa: This is probably the lower portion of Route 39. Staff will attend the meeting and advise Council as to what has transpired. Councilman Lloyd: I understand that.but what I am saying is that the action has already been taken and the City of West Covina has concurred that this will take place, etc., is that correct? Mr. Aiassa: We had a tentative alignment for Route 39 and this is the Precise alignment and they have to schedule public hearings throughout the area of the new proposed route. We are only concerned in that the alignment does tie in with the tentative alignment that Council has adopted, so when it reaches the Pomona Freeway we won't have a jog or an S or anything else. Councilman Lloyd: I understand that but the point I am making, and I want it very clearly understood,that the alignment has been tentatively agreed upon - in other words this Council needs no more action to complete anything? Is that correct? Mr. Aiassa: You will need action to complete this because the second hearing will take place probably from the Pomona Freeway into and beyond the City of Covina, probably to Foothill Freeway. Mr. Zimmerman,do you have a comment? Mr. Zimmerman: This is a route adoption of the exact location from the Pomona Freeway southerly and the only thing that the State has requested in the line of action from the City is a written report for the record which they hold open for a month after the hearing, which gives staff an opportunity to report on the hearings and make a recommendation for Council adoption to go into the record. Councilman Lloyd: Thank you. Motion carried. PETITION RE. BRUTOCO Mayor Chappell,. Council has a copy of the DEVELOPMENT COMPANY petition. Is there any TENTATIVE MAP TRACT comment? NO. 29126 m 14 CITY COUNCIL �3/8/71 WRITTEN COM.: Brutoco Petition Page Fifteen Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to .ref 6r the petition to staff with a request that staff provide to Council alternatives that might be open to the Council in responding to the petition. COUNTY OF LOS ANGELES LETTER re REDUCTION OF LIBRARY HOURS PETITION BEARING 8 SIGNATURES. PETITION BEARING 205 SIGNATURES and letters from: MR. & MRS. R. E. GOFF MR. & MRS. C. R CLARK JOHN M. ROBERTS MR. & MRS. L. STEPHENSON MRS. DEAN ROBERTS DOROTHY R. CULLEN Motion by Councilman Nichols, seconded by Councilman Shearer and carried, receiving and filing. PROTESTING PROPOSED RATE INCREASE OF WEST COVINA DISPOSAL COMPANY Mayor Chappell: Council has copies of the petitions and the communications. Motion by Councilman Shearer, seconded by Councilman Lloyd, to refer to staff. Councilman Lloyd: I think that somehow some of the people have the idea that this rate increase would be automatic if one didn't protest or say something about it. I would like to make it clear,afid correct me if I am wrong - I think this Council will review the action and as a matter of fact this might be very timely for a report of your meeting on this, Mr. Mayor? Mayor Chappell: I will make a report and Councilman Nichols can follow up if he thinks I have left anything out. We met per request from the West Covina Disposal® the presentation that they gave us was - so --incomplete and inaccurate and unacceptable that the -Council __ representatives at that time, through Mr. Aiassa, told them to go back and study their figures and bring back some figures that would warrant any type rate increase, and that is probably what they are doing if they plan to get a rate increase of any size at all. As it stood it was a very unsatisfactory meeting, a waste of my time and I am sure of Mr. Nichols' time and we certainly hope they do a better job the next time they come in. Councilman Nichols: I was going to bring up an observation on this at the end of the agenda, but I think it probably would be appropriate to mention it now. There has been such a tremendous outpouring of complaints in regard to the rate application that I am compelled to believe the complaints transcend the dollar figures being discussed and represented. A very great deal of dissatisfaction on the part of the public with the quality of the disposal services that are being rendered to the community. I have never experienced the volume of spontaneous reaction to any issue that has come before the Council, as I have this one, which leads me to believe the time has arrived when Council should take more than an ordinary and historic look at the renewal of the franchise of the Company that is providing this service to the City. • DTy own point of view after giving a lot of thought to this is that the time has probably arrived when the Council needs to set up some procedure that we can use to compare alternate services and make a determination as to whether or not there is a more effective way of providing this service to the City. At the present time we have a contract which is renewable and also terminable, on the basis I believe of a 60 day notifica- tion to the parties providing the service. The thought that I have is of the possibility of opening up the new and growing areas of West Covina in the southerly portions of the City to a competitive bid for a - 15 - CITY COUNCIL 3/8/71 Page Sixteen WRIZt'EN COM.: Petition Re. West Covina Disposal tract disposal service to determine if there are other operators in the San Gabriel Valley who might want to bid on that service and create a situation whereby,over a period of a couple of years Council could compare the quality of services rendered with the existing franchisee and those who might conceivably service the southern areas. I don't feel this would in any sense be doing a disservice to the West Covina Disposal Company because they would not,in fact,�be having the removal of any of the present service areas from them, but as the new area to. the south develops it would provide increasing opportunities for compari- son of services within the area controlled by the City; and I think'i unless we can see such a comparison�we will never know in fact if we should completely terminate the present services we have. I believe if this would be implemented it would be nec'�sary to redraft the agree- ment with the West C6.vina Disposal which gives that agency the right, to .service all the areas of West Covina which, I believel include any areas annexed to West Covina and so/by a change in the agreement,.it would enable the City Council and City Staff to negotiate with other sourcesrfor areas newly brought in without reducing the current areas of the present operator. For this reason,I would like to offer a motion that can later be hedged if Council desires, but I would like to offer a motion that the Council place the West Covina Disposal Company on notice of a potential 60 day termination of the existing agreement. During that 60 days Council will have the opportunity to review this proposal further and have staff make specific recommendations to the Council and,if Council desires to implement it, it will be able to do so without further delay. If we do not take any such action as giving notice now,then we will still have to do so and still have to wait a considerable time before we can implement a change when we come up to that critical time of actually renewing the agreement. Soyfor purposes of at least getting it on the floor, I would offer a motion. Motion by Councilman Nichols that staff notify the West Covina Disposal Company that it intends to terminate the existing agreement at the end of 60 days, if that is the proper notice period. Seconded by Councilman Lloyd. Mayor Chappell: Mr. Aiassa, what is the proper notice time: Mr. Aiassa: I don't have that information with me,but I believe the proper motion would be to direct the City Attorney to give notice as per con- tract now executed by the City of West Covina and the West Covina Disposal Company. Councilman Nichols: I would amend the motion to incorporate that language. Councilman Lloyd: I will second the amendment. Motion carried. Mayor Chappell: We will now vote the main motiton,.to refer to, staff, if there is no further discussion. Motion carried, all voting in favor. (Mayor Chappell and Council members moved to Oral Communications in order to allow those in the audience wishing to speak on this subject to do so at this time.) - 16 - 9 • CITY COUNCIL 3/8/71 ORAL COMMUNICATIONS Page --Seventeen Wanda Hudson, representing I believe you are familiar with the Chamber of Commerce as Spring Fair! we have sent you brochures President -Elect and Co- and all the information. Last year at Chairman - International this time when we gave you our proposed Spring Fair 4ud,get we were decreased about $2, 000,) and in the minutes the statement was made by Councilman Nichols, if such items came up or necessary funds should be neeeded in the future we might come before you and request it. And that is what I am doing at this time, requesting $1,000. We have a proposed budget of $4,000: $1,000 from the Chamber of Commerce; $1,000 from the Eastland Merchants Association; $1,000 from the West Covina Plaza Association. Two of these have been approved and we have the funds in a special account for the Fair, which we believe will bring thousands and thousands of dollars of extra tax revenue to the City of West Covina. So we would like your $1,000 to help us with this project. We feel it is a terrific idea. We have been trying to build an identity for the City for a number of years and now is the time. I think it would be an excellent idea to bring the Sister City project into it, let that be a kickoff. We need the publicity and the extra revenue. Mayor Chappell: Does anyone have any questions of Mrs. Hudson? Councilman Shearer: Will you be more specific than saying thousands and thousands? Have you made any optimistic figure of the total additional sales that might be expected? Mrs. Hudson: We term it about one million dollars. I believe last year we lost that much to cities over the hill. We think it will be over a million dollars for this one particular affair for the publicity and in bringing in shoppers permanently, getting them used to shopping in West Covina. Councilman Shearer: This)then,would be over a period of time and not 3ust one week. Mrs. Hudson: Right. Councilman Shearer: You are not talking about one week then�but over a period of time. I trust you wouldn't be quite that optimistic. Mrs. Hudson: Oh, I would be. You don't know me as well as the other Councilmen. Mayor Chappell: Any further questions? Thank you very much and we will put this under consideration. Re:Tent.Tra.ct No.29126 David Welch I live, Mr. Mayor and members of the Council, 2021 Cameo,Vista Drive in what was formerly known as the City of West Covina Beautiful Homes and is now becoming known as the City of Beautiful Apartments. I was amazed some weeks ago when I was informed by some neighbors that the City intended to make a road which is presently a cul-de-sac - HillV and Avenue, into a thru avenue. I would like to pose a question to you, does the City Council or the Planning Commission - can they just do this without having inquired of the people living in that area? I personally bought my home in an expensive area so my children could play without any danger. If the plans to put a direct road thru - HillwA4d Avenue - which is a very .:steep grade, an elbow turn, this will constitute in my mind a danger to my family. I understand also that the Planning Commission and Council have approved or are.in the process of approving' the addition of 2000 in residents- to our - neighborhood. Our children are being shifted from school to school now because of lack of school space. We have a smog problem and 2000 more people will bring 2000 more cars,into the area. I am just 17 - CITY COUNCIL 3/8/71 ORAL COMMUNICATIONS Page Eighteen absolutely amazed and perhaps you can answer my question - why is this all being -done without the people immediately affected not being informed by Council? Mayor Chappell: Thank you. We will get around to making you some sort of an answer, or at least discussing it after Oral Communications are completed. Councilman Nichols: Mr. Mayor, may I respond by stating that Councilman Nichols made a motion and it was seconded and enacted upon that the matter included in this gentleman°s presentation has been referred to staff with the request of staff that the Council be given at an early opportunity the alternatives open to the staff. The petition included a request for the cul-de-saccing of those streets, a request for the change of zoning, so the petition incorporated all of your concerns and has already been referred directly to staff and we will be receiving a report back from staff at which time we will be considering this matter. Mr. Welch: From what I understood )the Planning Commission was already completed and this was just going ahead, but from what you tell me now) Councilman Nichols, this is not so. Councilman Nichols: The plan has been postponed and not acted upon by the Council m Mr. City Attorney�am I incorrect? Mr. Wakefield: You are correct so far as the plan for the City Attorney development of the area and its subdivision is concerned, Councilman Nichols, that matter has been continued until your next regular meeting. The Council had previously expressed some concern about the ability in connection with the review of the subdivison map to consider the zoning that already exists within the area. Of courseyas a part of the consideration of the subdivision map.,the Council does not have the authority to actually change the zoning that exists on the property itself. That would take a separate kind of procedure either initiated by the property owners owning the property requesting the change or it might be initiated by the Planning Commission or the City Council, but that would require a separate series of hearings before the Planning Commission and ultimately before the City Council. Councilman Nichols: Mr. Mayor,. may I explore.this just a moment i.n_order --- t'hat-I :am sure myself of where we are. Mr. City Attorney�is it not correct that the City Council still has in its purview the review of such plans involving the extension of streets, the opening up of HillWaru, etc.? Mr. Wakefield: Yes, those matters that involve the actual City Attorney subdivision itself, the location of streets, the requirement for improvements, street dedications, all of those matters are properly before Council in consideration with the subdivision map. • Councilman Nichols: Isn't the request and action tonight to defer the hearing on that tract a portion of that matter? Mr. Wakefield: That is correct. Councilman Nichols: So Council still does have that under con- sideration, There are two very clear aspects that concerned people are talking about, and againl as I was concerned at the last meeting and as I said then, I am 18 CITY COUNCIL 3/8/71 Page Nineteen ORAL COMMUNICATIONS trying to do my best so people do not leave here with a misunderstand- ing of this matter. The zoning that was on that property was on that property 8 or 10 years ago. The zoning that gives that property owner the permission to put apartments on that land was on long before I came on this Council and I have been here for 7 years. The owner of that land has been paying taxes on that land based upon its value as land that could support apartments for many, many years. In my judgment any discussion now by individuals who have purchased property in the area to say we will now change that zoning or reduce that man°s zoning to single family zoning and deprive him of perhaps a million_ or two million dollars, is not a very realistic one. I am sure and just talking off the top of my hat tonight, but if we look at it in the terms of that land being zoned before any holAse was built on those hills , before any owner of those homes could look right down and know what would be built there - - I don't personally think it is a realistic thought to say now we are going to take this man°s land and build single family houses on it. This is only my opinion. The other aspect in terms of the protection of the neighborhood where you live, in terms of the street access and traffic flgfa and other such issues which may or may not receive other kinds of answers, will be considered and at least this Councilman will be aware and I will be thinking in two different directions in regard to the complaints that we have. Mr. Welch: Thank you for your lucid answer. Roland Robertson I am interested in the same project, but my 1439 Queen Summit Drive question is at what point - there are a lot West Covina of other things and points that we would like to bring to the attention of the Council and I am uncertain now as to at what point it is appropriate for us to elaborate on our objections now that it is tabled for another time and to be reconsidered in another way, it doesn't seem appropriate tonight but at what point does it become appropriate to voice our objections? Councilman Nichols: The only comment I can give you is that Council has agreed to carry this matter over to the meeting of March 22nd and that would be the ndxt date when Council will be scheduled to give attention to this matter. Mayor Chappell: Under oral communications you can say what -interests you and then say it again on the 22nd if you would like® Mr. Robertson: Since I went to the trouble of making my speech I would like to be heard. To me this development in this location doesn't seem to be the result of the best planning for two reasons. The rest of the surrounding area is made up of single family residences, at least east of Azusa Avenue® Secondly, it is located adjacent to Wilderness Park and having an apartment complex housing sixteen hundred to two thousand people next to this type of park doesn't seem consistent from an aesthetic point of view. Two thousand people in this space • will create considerable congestion and noise and that it should be beside a park that by its very name - Wilderness —suggests a quiet and peaceful atmosphere seems to be out of place. As ordinary citizens we don°t:.understand the complexities of government and I know they become more complex all the time but then as ordinary people we have nothing to do but to look to our elected officials to give us some sort of direction or at least consider our interests. Obviously this is not to our best interests. I realize the Council in the interest of fair play you have to consider the concerns of everyone but then speaking for myself from my own point of view, I feel that my home represents in my cas.e and maybe several others, the biggest portion of my life°s energy to this —point... —and to see -the -_.19 �.. . CITY COUNCIL 3/8/71 ORAL COMMUNICATIONS Page Twenty place lose its value economically and aesthetically is very dis- heartening. Therefore, I have to think about my own interests. If it was zoned nine years ago when it was a cow pasture it would seem to me that something would not have to be forever and ever. Of course�I know from what you brought out that he has paid taxes • for the land and deserves to have something on his return but it is at our expense. Thank you. Mrs. Lou Goodwin Our house is on the northeast corner of 1456 Queen Summit Drive South Hills Drive and Queen Summit Drive. West Covina We do not wish the Brutoco Development approved with South Hills Drive opened up for through traffic. We are of the opinion South Hills Drive is too narrow and too steep for through traffic. All the homes along South Hills Drive, on both sides, have a minimum of four bedrooms and large families occupy these homes. Most of these families have children of driving age who have their own cars. This fact alone contributes to enough traffic and there shouldn't be additional hazardous traffic up and down the steep grade from persons unconcerned about the local residents. Wethereforeask the City Council to recommend the cul de sa.ccing of South Hillis Drive. Thank you for listening. Dr. Robt. Magnum I have a question. Are we coming up at a 1314 Hillward later date on the extension of these streets? West Covina Hillward Avenue - a quite abrupt and sharp and angles upwards and we have quite a problem with people right now riding motorcycles, etc. It does present a very hazardous situation and when it is opened up, as I understand the plans are, you are really going to run into problems, the same as on Queen Summit Drive in regard to children. My main question is - now,I couldn't quite hear what was going on even though I was in the front row - are you going to bring this matter up at a later date? Mayor Chappell: Yes on March 22nd in relation to the opening or closing of streets. Alice Robertson My particular point of concern at this 1439 Queen Summit Drive time is the traffic. Primarily to the West Covina parka This Wilderness Park has been developed with a great deal of money from the taxpayers and I feel that in putting in two thousand people with automobiles, a shopping area and a professional building is a hazard and this park has been developed for the purpose of our Boy Scouts, our Girl Scouts. We have Little League and we have a Rocket Club. These children would have to go through this traffic, the cars going into the shopping area daily, in order to get to the parka I feel what we have developed the park for, the purpose is being ruined. I think that opening up the streets will also generate a great deal of congestion in traffic also from people living in the area. So my feeling is that Tentative Tract No. 29126 being submitted to you should be very carefully explored and weighed and considered, all the facts that have been brought out to you tonight. Because it is our children, your children - I am sure many of us have children that belong to the various organizations and we are jeopardizing them by having them go through a• congested area such as this. Mayor Chappell: I think when.we have this hearing you will hear a lot of things regarding how this has developed, the background on it and this is something .you will have to listen tq because there will be circumstances brought out by both sides. At that time the Council will discuss it thoroughly and make a decision. This Council is oriented and has the interests of the citizens who elected them, at heart. That is the best I can say to you now, come .March 22nd we wi,,ll hear it and make a decision. - 20 - CITY COUNCIL 3/8/71 Page Twenty-one ORAL COMMUNICATIONS Mrs. Robertson: Unfortunately Iwe did receive a letter honoring tonight's date and then a letter was received from Mr. Brutoco, but this has happened three times, this continuing. How many times do we have to keep coming in here and voicing our opinion? When will he be ready? Can he next time on Thursday afternoon mail in his request saying I can't make it because he isn't ready and we don't know? Mayor Chappell: Yes Jit is possible he can. Both sides have procedures and if he is not ready, he best not come in until he is ready. If I were himi would not come before this body before I was ready. We do appreciate your coming out and we have heard what you said and we will be thinking about what you have said until the 22nd of March. Josephine Cordeau I was about to say the same things mentioned 1337 South Hills Drive so I won't go through it all again, but what West Covina I would like to know is we were not given enough time, in other words we were told this evening it was postponed. I think Mr. Brutoco should give us enough time, just like in business you are given a week or ten days notice. Why weren't we given more notice? It is only out of respect that he should do this? Thank you. THERE BEING NO FURTHER ORAL COMMENTS, ORAL COMMUNICATIONS CLOSED. WRITTEN COMMUNICATIONS - Cont°d. WEST COVINA CHAMBER OF Mayor Chappell: This type of COMMERCE LETTER re. CITY°S request is PARTICIPATION IN FINANCIAL always AID TO SPRING FAIR referred to staff to determine how they might come up with the funds. Motion by Councilman Shearer, seconded by Councilman Lloyd, referring to staff. Councilman Lloyd: One question from a point of privilege on the Chamber°s part. When do you have to have an answer? George Strachan, Mgr., We would like it within the next week. Chamber of Commerce Mayor Chappell: We have a special meeting on the 15th. Councilman Lloyd: Mr. Aiassa will you be able to have an answer by the 15tt? Mr. Aiassa: No, not until the 22nd. (Mr. Strachan nodded agreement.) Motion carried. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change Application No. 449 - Ted Block)." Mayor Chappell: Hearing no objections/waive further reading of the body of said Ordinance. - 21 - _CITY COUNCIL 3/8/71 Page Twenty-two CITY ATTORNEY: Ord. Introduction ZC ##449 Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried,to introduce said Ordinance,, RESOLUTION NO. 4318 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING PRECISE PLAN OF • DESIGN NO. 606 (Ted Block)." Mayor Chappell: Hearing no objections waive further reading of the body of said resolution: Motion by Councilman Shearer, seconded by Councilman Lloyd to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, C°ha.ppell NOES: None ABSENT: None RESOLUTION NO. 4319 The City Attorney presented: ADOPTED 08A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING VARIANCE NO. 656 (Jehovah°s Witnesses)." Mayor Chappell: Hearing no objections// waive further reading of the body of said Resolutiono Motion by Councilman Lloyd, seconded by Mayor Chappell, to adopt said Resolutiono (Councilman Young left at 9.35 .PoM.) Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Lloyd, Chappell NOES: Councilman Shearer. ABSENT: Councilman 'Young RESOLUTION NO. 4320 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DENYING UNCLASSIFIED USE PERMIT NO. 166 (Jehovah's Witnesses)." Mayor Chappell: Hearing no objection--s// waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Nichols, to_adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Lloyd, Chappell NOES: Councilman Shearer ABSENT: Councilman Young SOUTHERLY ANNEXATION Mr, Wakefield: This is the first formal DISTRICT NO. 213 step which will be taken by the City Council in connection with their proceedings authorizing the proponents of the • annexation to file their Notice of Intention and 'thereafter proceed with the circulation of petition. R.ESOLUTIN NO. 4321 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 213m" Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. 22 - CITY COUNCIL 3/8/71 Page Twenty-three CITY ATTORNEY: Res. No. 4321 Motion by Councilman Lloyd, seconded by Councilman Shearer, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, Chappell NOES: None ABSENT: Councilman Young • RESOLUTION NO. 4322 The City Attorney presented: ADOPTED 81A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RETAINING BURKE, WILLIAMS & SORENSEN TO PROVIDE CITY ATTORNEY SERVICES AND RESCINDING RESOLUTION NO. 3713." Mr. Wakefield: Mr. Mayor and members of City Council, this item relates to the City Attorney. As the Council may know when I was appointed City Attorney some 3 years ago I had recently resigned from the County Counselds office of the County of Los Angeles and at that time it was not possible for me to begin to draw my County retirement and I have deferred it for the last 3 years. In the meantime I became a member of the Public Employees' Retirement System along with other employees of the City, It has now reached the point where because my County retirement has reached the maximum point it will reach,jI can no longer defer drawing that retiring allowance and this would simply place our relationship on a retainer basis rather than a former employee basis. As you knowithe only benefit I receive as an employee was membership in the retirement system. I do not receive vacation, sick leave or other benefits customarily accorded to city employees. So this will set the record straight. It will not change our relationship and I hope the City Council will see fit to approve it. Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Shearer, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Sheat&r, Nichols, Lloyd,. Chappell NOES: None ABSENT: Councilman Young BURKE, WILLIAMS & SORENSEN Mr. Wakefield: This item is embodied re WRIGHT V. ALLEN SILL in a communication to CITY OF WEST COVINA the City Council that ALHAMBRA JUDICIAL DIST. simply refers to the fact that the case NO. 25488 of Wright versus your Chief of Police in the City of West Covina has now been successfully resolved in favor of the City of West Covina. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, to receive and file, BBMOEOA Mr. Wakefield: Just one other matter for The Chimpanzee purpose of information. Ihave had several telephone calls from interested people with reference to the status of the criminal proceedings involving our friend"'M.oe." The District Attorney has advanced the date of the hearing on the matter to tomorrow morning at 9.30 A.M. I believe it .is his intention at that time to request that the charges be dismissed upon the basis of the fact the City Council has requested the City Attorney to report with reference to the ordinance provisions governing wild animals and the desirability of any amendments that might seem pertinent. It is my intention to have a written report for your consideration at the next regular Council meeting. It would be my intention at that time to recommend that we go back to a permit procedure which would allow people to keep what would otherwise be designated wild animals if they are completely domesticated. However, as a condition of doing so the 23 CITY COUNCIL 3/8/71 Page Twenty-four CITY ATTORNEY: "MOE10 owner of the animal would be required to apply for a permit either to the Chief of Police or the Planning Commission, whichever the Council might deem to be the more appropriate and if the animal is in fact domesticated to the point it, is little likelihood that he would cause harm to people in the immediate vicinity they the permit could be granted authorizing the animal to be kept on the premises of the owner. • This would correspond essentially to the procedure that is followed in the County. It is the procedure followed in the City of Santa Monica and a couple of other cities in the Los Angeles area. As I am sure Council will recall, at the time our present ordinance was adopted it was a matter of considerable concern and discussion by Council and at that time the election was made to)in effect I$prohibit .the keeping of wild animals which included all animals not of a kind customarily raised and owned.by people in the State of California. So those animals such as elephants, monkeys. and the like were prohibit- ed within our City limits. The only exception was that the Chief of Police was authorized to issue temporary permits for the carnival animal, the Circus animal and animals used as part of a show or entertainment for the duration of that activity within the City. This is a long way of saying that I will have a formal report for you at your next regular meeting. Councilman Shearer: I would like Council to know that West Covina is not the only City that has problems. I believe it was Burbank that had ordered the removal of a llama; however the owner was willing to cooperate more so than the owner in our City. And the llama didn't wear diapers and was not as domesticated. CITY MANAGER SOUTHERN CALIFORNIA Mr. Aiassa: I believe this report has GAS CO. re SERVICE some merit to explore, TARIFF SCHEDULES because the neatness in which they wanted to close this balancing rate will cause some serious problems. I would recommend to Council that the City Manager be directed to find out more details and how far reaching this program, if approved by the PUC, would affect the consumers in our area. Motion by Councilman Shearer, seconded by Councilman. Lloyd and carried, to a.uth'or'ize the City Manager, or his designated representative) to attend the hearing of the Public Utilities Commission on this matter on behalf of the City, ,and report back to the Councilo AUTHORIZE CITY MANAGER Mr. Aiassa: There is a correction here. TO NEGOTIATE WITH I found out that we cannot LOS ANGELES SANITATION directly deal with the DIST. re BKK DUMPSITE Los Angeles Sanitation District, but we can deal with the Los Angeles County Engineer's office, who in turn can deal with the Sanitation District. So I would like authorization to negotiate with the County of Los Angeles Engineer and he in turn will cooperate with us and with the Sanitation District. So moved by Councilman Shearer, seconded by • Councilman Lloyd and carried. REQUEST FOR SPECIAL Mr. Aiassa: We are asking for an OR ADJOURNED MEETING adjourned or special meeting MARCH 15, 1971 on the 15th and I would like to present some of the items that will be before the Council: Central Business District Phase I and Phase II; Civic Center Parking Structure; and Freeway Widening Report. If Council has any other items they would like to add? Councilman Lloyd: Mr. Aiassa, how long do you anticipate it will take for the presentations? - 24 - CITY COUNCIL 3/8/71 Mr. Aiassa: 3 or 4 hours. Page Twenty-five (Discussion followed for the need of a meeting each week. Mr. Aiassa explained this was partly due recently because of the yearly meetings with the various Corqmissions.) . Mr. Wakefield: Mr. Mayor, when you come to the last item on City Attorney agenda which is usually your adjournment, I think it would be appropriate because of the nature of your agenda simply to adjourn this meeting to the date you select rather than have it a special meeting. Mayor Chappell: Does Council have any objection to starting at 5 or 5:30 P.M. so we can start home a little earlier? (Discussion followed. Decisionpmeeting to be held at 5 P.M. on March 15th with a break for a box lunch.) ITEMS TO BE DISCUSSED Mr. Aiassa. Your agenda lists five items AT REGULAR MEETING OF for discussion and I have MARCH 22, 1971 added two more items to the agenda. One is the Heliport report updated and the other is the Citizens Anti -Crime Committee. .This is a Committee created by the Mayor and Judge Martin and they have ,.presented to you tonight their report and this can be reviewed by you on March 22nd. Councilman Nichols: As long as we are going for broke on the night of March 15th/ would it be possible for any of those reports.to be ready for consideration that night? Mr. Aiassa: Yes, we will. try and bring one or two of the reports to you on the night of the 15th. We can do this as long as you adjourn this meeting as a regularly adjourned meeting. REQUEST FOR LEAVE OF Mr. Aiassa: We have done this with other ABSENCE WITH PAY employees and I would like to FOR MARGUERITE COLLART start out with 60 days leave of absence and then have a report back to the Council at a meeting close to the 60 days. So moved by Councilman Nichols, seconded by Councilman Lloyd. Councilman Shearer: Before we vote, since I am ne wlthis is the first time it has come up in the year I have been on the Council. This is somewhat foreign to me, this type of approach. I would like some edification as to why we do this. Mr. Aiassa: There are two items .which are very important. Number one, it .is possible this employee would not come back to the City if her disability was of such a serious nature and then we would request the • State Comp. to give a complete review of the possibility of a disability retirement, If the employee wants to return acid seems to be fully recovered and she is a valuable employee/we will extend this courtesy because we have done it to two other people. We have, I think, in total since I -am- here,had five such cases. This gives an opportunity for us to not only give the employee an opportunity to recover but not put them in a bind where they will not receive salary or any benefits whatsoever. This is at the prerogative of the Council and City Manager and I don't recommend this very often. It is only recommended for people that deserve this kind of con- sideration. Councilman Shearer: How long has this employee been on the City 25 CITY COUNCIL 3/8/71 CITY MANAGER payroll? Page Twenty-six .Mr. Aiassa: She has worked for the City twice. A little over two years back in 1958 when she was my secretary and reemployed in 1969/and she has also worked about 6 months or a year on part-time relief for the various departments. She does not want to retire. Councilman Shearer: The two employees we have done this for in the past, how long have they been employed? Mr. Aiassa: One was for 5 years and one was Mabel Hoffland, a long time employee, she is the present City Treasurer. Robert Reuss —he had a serious illness and they thought they would be able to cure him by cobalt treatments and he did not respond' he has since died. Nancy Pond had a little better rate° she recovered from her injuries and served us well for approximately a year and a half and then she married and left. Councilman Shearer: You "indicated_ in this report that at least two employees agreed when they returned to work to repay the City. This is on the second page of the report: ".....an agreement was worked out whereby the leave granted was paid back from a combination of future accrued vacation and sick leave. Should you desire, something on this order could be worked out for Mrs. Collart." Mr. Aiassa: This will be done likewise. Councilman Shearer: Assuming she doesn't decide to come back and retires? Mr. Aiassa: I don't think she is quite old enough to retire and I know she doesn't have enough in retirement to be ready to retire. Councilman Shearer: It just seems to me, with all due respect to Mrs. Collart and I don't know who she is so what I have to say is in no way to her personally, but this is rather an extensive fringe benefit and one that we can get ourselves into an awful bind to administer selectively as to who we should or shouldn't give it to when they exhaust their sick leave. That is why I asked how long this person had been on the payroll only having accumulated 25 days sick leave and vacation. It seems .to me it is a very - - well let's vote on it. Mr. Aiassa: We can go on it on a 30 days basis. Councilman Nichols: I have moved this item, and I am going to vote for it because I have voted for two or three in the past, but every time I have had considerable reservation and in speaking with all candor I voted for them because of the strong recommendation of the City .Manager, Brut I am still very reticent to vote for them and I would say that I know of no other type of employment in government where a discretion 40 rests to grant or not to grant such benefits to employees. If it is to be used I would think really it should be looked at in the future in terms of some sort of a sliding scale benefit that might apply. I would like to see you look at this again and analyze it and bring a report back to Council.. Mr. Aiassa: I will develop a formula and present to the Personnel Board and we can go from there. Mayor Chappell: It looks to me like as we start these various employee organizationsthingslike this will be out. - 26 • CITY COUNCIL 3/8/71 CITY MANAGER ?, Page Twenty-seven Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Lloyd, 'Cha.ppell, NOES: Councilman Shearer ABSENT: Councilman Young CITY CLERYt MAIL ORDER BUSINESS Motion by Councilman Shearer, seconded by LICENSE APPLICATIONS Councilman Nichols and carried, to approve mail order business licenses to Merle Matzenbacher, 1140 S. Shasta Street, and Woodrow W. Pollock, Jr., 1770 S. Lang Avenue. SAN JOSE LITTLE LEAGUE Motion by Councilman Lloyd, seconded by PARADE PERMIT REQUEST Councilman Nichols, to a.p'provethe request of the San Jose Little League for a parade permit for April 17, 1971. Mayor Chappell: I have asked the Recreation & Parks Depart- ment to keep us informed as to the Little League openings. This is the first opening. Motion carried. Councilman Shearer: Does that motion include a waiver of the permit fee? Mr. Aiassa: The Council has to give the waiver, so we should have a motion .from Council regarding the fee. Councilman Lloyd: What did they request - I think that is explicite in the motion. Councilman Shearer: On their request they did apply for the waiver. Mr. Aiassa: Alright then - if you accepted their request. GALAXIE LITTLE LEAGUE Motion by Councilman Shearer, seconded by PARADE PERMIT REQUEST Councilman Lloyd, -and' �caryried, - to' apprrove .request ,of Gala.xie Little Leaguefor parade permit. ABC APPLICATIONS Motion by Councilman Nichols as per the recommendation of the Chief of Police that the City Council authorize the protest in its name against the ABC application of Al Nielson, dba the Islander located at 2233 EastlGarvey Avenue. Seconded by Councilman Lloyd and carried. Motion by Councilman Nichols, seconded by Councilman Shearer and carried, relative to the ABC application of McGrew -Bush Corporation dba The StagecoachVlocated'at 642 South Sunset Avenue as per the recommendation of the Chief of Police that no protest be filed. MAYOR'S REPORTS PROCLAMATIONS Mayor Chappell: We have a request to proclaim March 21-27, 1971 as 81Chamber of Commerce Week" and if there are no objections I will so proclaim. (None) Also asked to proclaim April 19th through the 25th.as"Fair Housing Week1lin West Covina. If there are no objections, so proclaimed. (None) And a request to proclaim May 21 and 22, 1971 as "Buddy Poppies Days". Hearing no objections, so proclaimed. A request from the League of Women Voters of the East San Gabriel Valley to proclaim the week of March 15th - 27 - CITY COUNCIL 3/8/71 MAYOR'S REPORT'S through the 19th as they\League objections, so proclaimed. Page Twenty-eight of Women Voters' Weeka' Hearing no I also would like to have the Council vote on a commendation this evening Iand a perma plaque for the West Covina • Basketball Team for winning the Sierra Championship. So moved by Councilman Nichols, seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, Chappell NOES: None ABSENT: Councilman Young Mr. Aiassa: Mr: Mayor, would you like to hold this over to the meeting of the 15th in order to have all five Councilmen sign it? Councilman Lloyd: Mr. Wakefield, can't he sign it? Mr. Wakefield: Mr: Mayor and members of Council, technically City Attorney the Resolution has been adopted by the four votes of the Councilmen present tonight. In those commendatory resolutions I don't see anything improper in adding his name to the Resolution. He can certainly indicate if he has any objections to doing that. Mayor Chappell: Madam City Clerk please prepare it for all five signatures. COUNCIL COMMITTEE Councilman Shearer: I was wondering what is REPORTS the status of our Ordinance and report on the proposed Youth Commissibns? Mr. Wakefield: The Ordinance establishing the Youth City Attorney Commission has been drafted and it has been circulated to the members Of the 'Advisory Comillissiona We expect their report and comments to be received this week and it will be on your regular- agenda of March 22nd. DEMANDS Motion by Councilman Shearer, seconded by Councilman Lloyd,to approve Demands totalling $328,824.71 as listed on Demand sheets C761 through C765. This total also includes payroll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer- Nichols Lloyd, Chappell NOES: None ABSENT: Councilman Young ADJOURNMENT.; Motion by Councilman Lloyd, seconded by Council- man Shearer and carried, td'a,djodr.n at 10:10 P.M. s to March l5th at 5 P.M. . APPROVED MAYOR ATTEST: CITY CLERK