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03-22-1971 - Regular Meeting - Minutes` MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 22, 1971. (� The regular meeting of the City Council was called to order by Mayor Ken Chappell in the West Covina Council Chambers at 7:32 P.M. The Pledge of Allegiance was led by the Mayor. The invocation was given by Reverend William Noblitt, Associate Chaplain of the Inter -Community Hospital. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young. Lloyd Others Present: George Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City Attorney H. R. Fast, Ass°t. City Manager George Zimmerman, City Engineer Richard Munsell, Planning Director Bert Yamasaki, Ass°t. Planning Director Leonard Eliot, Controller Rick Oakley, Administrative Analyst Terry Brandt, Administrative Analyst Russ Nammar, Administrative Assistant APPROVAL OF MINUTES March 1, 1971 Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, approving minutes as submitted. .March 8, 1971 Motion by Councilman Shearer, seconded by Councilman Young and carried, approving minutes as submitted. AWARD OF BIDS BID NO. 71-120 Bids received in the Office of the Purchas- VEHICLES ing Agent at 10:00 A.M., Wednesday, March 3, 1971. City Clerk. --read the low bids only as recommended for Council approval: 2 New, Current Model, % Ton Pickup Trucks, low bid awarded to Moss Motors of Riverside (Dodge) $5,497.76 2 New, Current Model Cab and Chassis, low bid awarded to International Harvester Co., Industry $13,359.46 2 New, Current Model Dump Trucks, low bid awarded to International Harvester Co., Industry $20,374.72 1 New, Current Model 1-ton Stake Truck with Gate Lift, low bid awarded to Dave Schenk Dodge, Whittier $4,498.00 1 New, Current Model 3/4 ton Pickup Truck, with Plumbers Utility Body, low bid awarded to International Harvester Co., Industry $ 3, 704. 57 All bids were checked for accuracy and found to be valid bids.by the Purchasing Department, as per the 3 pages of analysis submitted n to Council in written form. . _Motion by Councilman Shearer, seconded by Councilman Young, that the low bids on the items just read by the City Clerk be accepted. and awards made. Councilman Lloyd: A question - Mr. Mayor. Mr. Aiassa, I was wondering if this really represents a savings to the City when we have to go clear to Whittier for one of the bids. I realize it is the low bid, but we have to travel to Whittier - are there any services that they will perform on the cars? - 1 - • CITY COUNCIL 3/22/71 Page Two AWARD OF BIDS: BID NO. 71-120 VEHICLES Leonard Eliot: Controller Reynolds Buick who had to go' outside Reynolds Buick to Councilman Lloyd: Initially I would like to tell you these are trucks and there is no vendor in West Covina who can provide these trucks other than carries the General Motors trucks. Therefore we of the corporate limits of the City. We did ask bid and they did not reply. of Industry is a good Mr. Eliot: Councilman Lloyd: Mr. Eliot: I realize that, but my question, is, are there any services to be performed ors these trucks after you receive them? I realize the City deal closer than the City of Whittier? Any warranty services may be performed at the Dodge dealership in Covina. You honestly don't believe the Dodge dealer- ship in Covina after purchasing a Dodge some- where else is going to put much offort into it? I would suppose he would if he is getting paid for it, and he is under warranty services. Councilman Lloyd: I am not arguing the point, all I am saying if we go to Whittier or Riverside - which gets to be quite a distance - do we save anything? Mr. Eliot: We do not intend to go to Riverside, we intend to use a local service. We have done this in the past without any ill effects. Last year we purchased two vehicles through the State bid from a dealer in Los Angeles, we received service locally without any ill effects. Those were Dodge vehicles as well. Councilman Lloyd: I have one other question then. In view of the fact the difference is about $30.00 in an item of $2,748.88 versus $2,779.00 - for the $30.00 per car savings and the X number of miles that exist are we out of line going to the number 2 bidder which is located in Covina? Are we allowed in our bidding procedure to take one of the first throb bids? Mr. Wakefield: Mr. Mayor and members of Council, the City is City Attorney bound to accept the low bid unless there is a sufficient basis for the rejection of the bid and the only sufficient basis generally is that the low bidder is not responsible in the sense that he is unable to furnish the equipment desired, or perform the work required. The fact that the low bidder happens to be outside of the City really is of no consenquence in making your determination. Councilman Lloyd: I think an automobile company bidding clear out in Riverside - - well I don't concur in the conclusions of staff on this that there will be no difference. I think a local salesman is going to pay a great deal of attention on the stuff and I think in the final analysis we do our communities a disservice on a thing like this. I personally feel that local merchants should be given the business, we should either restrict our bidding to local bidders or try to give consideration to the local bidder where there is only a slight difference. Obviously E1 Monte Ford at $3,034.01, there is a good deal of spread there and assuming the equipment is equal. I would like to hear some comments from Council. Councilman Shearer: I had basically the Councilman Lloyd. from staff based on same questions as I feel with the assurance past experience that the - 2 - CITY COUNCIL 3/22/71 Page Three AWARD OF BIDS: BID #71-120 TRUCKS service we have been able to obtain locally has been adequate and satisfactory and as good as if we had purchased there initially, this answers my concern. If Covina Dodge were West Covina Dodge then I think I would go along with it, not to take anything away from Covina, but I think we can begin to play perhaps a little too freely with our bids if we only talk about local bidders, and we don't have the problem of service. We have been assured this evening that we don't, so I will go along with the low bidder. Councilman Nichols: I think in each instance a matter of judgment must be applied. I would like to see, wherever all things are equal or approximately so that West Covina spends its tax dollars in those areas where it is most likely the citizens of West Covina might be employed and thereby benefit by the expenditure. It is not always necessary that the business be within the City but that it more than likely have some effect upon the. economy of the City should be a secondary bearing factor. I think rather obviously a firm that would receive dollars from the City of West Covina located in Covina would more than likely benefit West Covina rather than the one located in Riverside, I think then the difference would have to be the determination of the Council as to whether that slight difference in the bid figure is specifically offset in lesser services and advantages to the City. I am not in a position to judge that and I think probably tonight I would not go counter to the recommendation but I would certainly leave the thought with staff that I agree in many types of bidding that there are some significant differences that can be shown between bidders and that some preference, where it is in order, might be given to geographic proximity in the bidding process, but tonight I will support the recommendation. Mayor Chappell: I think all of the Councilmen have brought up good points, and I think the first initial drive to pick up the trucks we might expend that $30.00 difference. I think staff should take this under sub- mission from now on and look at this in the future and study these bids a little cl.o8er. Councilman Lloyd: Mr. Mayor, Councilman Young indicates that he would like to agree with the other Councilmen but he has to go along with the City Attorney. He indicates a hope that the geographic area might be reduced in the bidding area. (Mayon Chappell advised the audience that Councilman Young had a broken jaw and he passed notes to Councilman Lloyd for submission of his comments.) Councilman Shearer: One more question. What do we do with the old vehicles? Mr. Eliot: These are all very old vehicles and are to be scrapped and retired from service. There is one vehicle 8 years old and all the rest range from 12 to 18 years of age and they are just salvage items. They will be disposed of as surplus and this will come back to the Council in the future. Mr. Aiassa: One year we did go under Statewide bidding and these cars were selected at a savings to the City and the agencies that supplied the cars did validate the warranties. We had no problems even though they were bought out of this area completely. When we award the contracts we will specify this service feature so we can assure Council of this, and also specify that they deliver the trucks - F.O.Bo West Covina and save the cost of picking them up. - 3 CITY COUNCIL 3/22/71 Page Four AWARD OF BIDS: BID ## 71-120 TRUCKS Motion carried on `roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None BID NO, 71-121 The City Clerk advised three bids were STREET SWEEPER received in the Office of the Purchasing Agent at 10:00 A.M., Wednesday, March 3, 1971. All bids were checked and found'to be valid bid proposals. .1 New, Current Model 3 or 4-wheel power Street Sweeper with Dual Gutter Brooms: A.M. Donaher & Son, Inc., South Gate (Elgin) Total Bid $13,401.00, Trade-in $802.00, Net Bid $12,599.00; Dearth Machinery Co., Baldwin Park (Wayne) Total Bid $14,845.00, Cash Discount $100., Trade-in $1,607, Net Bid $.1.3,138.00; Harron, Rickhard & McCone Co., Norwalk ® No Bid. Motion by Councilman Shearer, seconded by Councilman Young, to a.wa..rd purchase order to A. M. ➢onaher and Son, Inc., of South Gate, for one (1) new, current model 3-wheel, 3 1/2 cubic yard hopper, Elgin brand street sweeper, for a price of $13,401.00 less trade-in of $802.00, for a net price of $12,599,00. Councilman Lloyd: Are these two pieces of equipment identical equipment? Mr. Aiassa: Yes, same make and same design. The only difference is one has a little different heat- ing box. We have operated both machines and the bid was specifically for the 3-wheel rather than the 4-wheel. They are pretty close in size, dimensions, standard equipment, etc. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None BID NO. 71-123 Bids received in the Office of the Purchasing SWEEPER .BROOMS Agent at 10:00 A.M., Wednesday, March 3, 1971; Controller's recommendation that all bids be denied, for reasons stated in written report. Motion by Councilman Young, seconded by Councilman Nichols and carried, to reject all bids submitted under Bid #71-123 and te direct staff to again advertise for bids at such time as determined most feasible by the Purchasing Agent. PUBLIC WORKS'ITEMS PRECISE PLAN NO. 535 LOCATION: Northeasterly corner of Sunkist and AEROSPACE RESEARCH Garvey Avenues. ASSO., (ARA) Motion by Councilman Nichols, seconded by Councilman Shearer, to accept street improvements and authorize the release of United Pacific Insurance Company Faithful Performance Bond No. B-568267 in the amount of $ 3, 900 . Councilman Lloyd: Mr. Aiassa„ does this complete all of the work with the ARA ® we had some problems with this? Mr. Aiassa: Yes/this completes the street improvements and the bond set up for same. Mr. Munsell, have they lived up to all of the requirements of the'Precise Plan? Mr. Munsell: Yes. The complaint was based on the stopping of construction of the building on the corner ® 4 CITY COUNCIL 3/22/71 PUBLIC WKS.: PRECISE PLAN NO. 535 Page Five and the fact the street was not improved. This completes all of that. Motion carried. All voting in favor. TRACT NO. 30903 LOCATION: a) Extension of Leaf Avenue S. LLOYD MOEN CONSTRUCTION south of Sunset Hill Drive. COMPANY b) Leaf Avenue and Walnut Creek Parkway. Motion by Councilman Shearer, seconded by Councilman Young, .to accept street improvements and authorize the release of the Western Casualty and Surety Company Faithful Performance Bond No. 386804 in the amount of $20,700. Motion carried. Motion by Councilman Shearer, seconded by Councilman Young and carried, to accept - grading improvements and authorize: release of Western Casualty and Surety Company Performance Bond No. 386826 in the amount of $7,000. PROJECTS NOS. SP-70010 LOCATION: Orange Avenue between .Pacific and SP-71010 Lane and 850 ft.,northerly, and Orange Avenue between Cameron Avenue 'southerly to Garvey Avenue. (Council reviewed Engineer's report.) (A man from the audience stepped to the microphone and stated that the citizens were not aware of this project and did have some questions with regard to the work.) Mr. Wakefield: Mr. Mayor and members of Council, these are City Attorney two projects, City initiated for street im- provements. I think if there are questions about the nature of the work to be done or the improvements involved that the Engineering staff could probably answer them. Mr. Aiassa: Mr. Mayor, may I make a suggestion? I suggest we carry this item over to April 12 meeting and in the meantime this gentleman or anyone else interested can meet with our Engineering staff and they can answer his questions. Motion by Councilman Shearer, seconded by Councilman Young and carried, to hold: . this item over to the regular meeting of the Council on April 12, 1971. RESOLUTION NO. 4324 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING DEDICATION OF VEHICULAR .ACCESS RIGHTS EXECUTED BY THE DO.NALD L. BREN COMPANY AND DIRECTING THE RECORDATION THEREOF." Mayor Chappell: Before proceeding may we have a motion accepting the Engineer's report? So moved by Councilman Shearer, seconded by Councilman Young and carried. • Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None - 5 - CITY COUNCIL 3/22/71 PUBLIC WKS. - Cont°d. Page Six TRACT NO. 12292 LOCATION: Northerly of Vanderhoof .Drive and RIGHT-OF-WAY easterly of Citrus Street. ACQUISITION & STREET (Council reviewed Engineer's report.) VACATION - FUTURE STREET Motion by Councilman Shearer, seconded by Councilman Young and carried, to accept Engineer's report. RESOLUTION NO. 4325 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A PORTION OF THAT CERTAIN FUTURE STREET OFFERED FOR DEDICATION IN TRACT NO. 12292 FOR STREET AND HIGHWAY PURPOSES." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None RESOLUTION INTO. 4326 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DE.CL,AR1--NG .ITS INTENTIOW TO VACATE A CERTAIN PORTION.OF FUTURE STREET, TRACT NO. 12292." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman` Shearer, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, ,Chappell. . NOES: None ABSENT: None HEARINGS UNCLASSIFIED USE PERMIT LOCATION: 830 West Merced Avenue NO. 167 REQUEST: Approval of an unclassified use M.W. SULLIVAN PRESCHOOL permit to allow a preschool facility for CENTERS 197 children on a 34,970 square foot parcel located in the O-P zone. Recommended by Planning Commission Resolution No. 2319. Called up by City Council on 2/22/71, Mr. Munsell, Planning Director, summarized Planning Commission Resolution No. 2319p slides shown and explained. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNCLASSIFIED USE PERMIT NO. 1670 IN FAVOR Robert Jenkins, Pres., (Sworn in by City Clerk.) M. W. Sullivan Preschool The Sullivan Preschool Center is an Centers educational affiliate of the Behavorial Irvine, California Research Laboratories, one of the highly respected publishing firms of educational issues in this Country. I accepted this position on retiring as Superintendent of Schools in San Francisco, previous to San Francisco, I was Superintendent to the Pasadena Schools. I have been in the education game a long, long time. This is a very important service we are rendering in the State and eventually throughout the Nation. This is more than a day nursery, it is an educational program for children and we know it can make a real difference in a carefully 6 - CITY COUNCIL 3/22/71 HEARINGS: UUP ##167 Page Seven planned program and excellent facilities, such as ours. We appreciated the approval of the Planning Commission at the meeting of the Commission in February. �We knew at that time that there was concern expressed by the Elks Lodge and since then I have addressed a letter to Mr. Huff, the .Exalted Ruler of the Elks® at his request, indicating as I said at the Planning Commission, that we considered the Elks fine neighbors. I have spoken- at the Elks Lodge many times as Superintendent of Schools and I was delighted to see the Lodge across the street. We have no concern about their liquor license and I have indicated this in the letter as presented to Mr. Huff, and I would like to present these copies to the Council. (Copies given to the Mayor and Councilmen.) In the event of any future license expansion on the part of the Elks again we would have no objection consistent with the present standards maintained by the Lodge. We know the other concern was of noise. As a school man we are always concerned about this :because we like to be good neighbors. The landscape architect has examined this with great care and tonight with your permission I would like to have him present -some of the suggestions as an architect that he' feels would take care of the noise factor since there are homes adjoining this facility. We also have with us tonight Mr. Tom Moon, the architectural firm that designed this facility for us, specially designed. Incidentally we have about ten going up over the State. It is not franchised or lidtnsed, this is a system of preschools which we are very carefully controlling. I would like Mr. Moon to make a few comments and then intrAbice the landscape architect m Mr. Beck. Tom Moon, Architect (Sworn in by City Clerk) 3848 Campus Drive I would like to say just a few words to the Newport Beach Council about the Sullivan Preschools. We are very fortunate to be able to work with them because here we have an opportunity to actually develop a program for them to work with children between the ages of 2 to 6. This is the age where working mothers and those not workingjalso, would like to have a place to send their children to . As a consequence there has developed over the years the so-called Nursery -School - a place where the parent can drop the child off for a day, or a few hours, or whatever and there is nothing for the child to do but play games, take a nap or watch TV. The preschool has come a long way since that time and the Sullivan Preschools are -particularly with a major organization behind itB they have developed a very special type of approach to the educational system. These little people are going to get a tremendous education during this period of time while in the preschool. The program has been developed to allow the instructors, as registered by the State, to come in and set up programs to keep the children occuppi.ed. One of the biggest concerns of the people adjacent to the area is the noise factor.. One of the things we can do to control that is to control: very carefully people and their activities within the building. We have attempted to control the activities by organizing their activities and the areas around a very specific program. This program entails teachers°work spaces, observation areas for parents to come and look at the students as they take part in the activities going on within the building. Perhaps of greater concern is the activities that take place outside of the building and that is why our landscape architect came along this evening, to discuss this with you. The noise abatement program. I could go into greater detail on the inside construction of the building, but if you have any questions I will be glad to answer them. Eldon Beck (Sworn in by City Clerk) Landscape Architect Mr. Munsell, I do have additional copies of 50 Green Street the plan I sent you - would this be of San Francisco benefit for the Council to see the plan? (.Passed copies out to the Council.) I will speak briefly to two points before dealing with sound. First of all" this is the beginning of the design plan and our approach is the play - 7 CITY COUNCIL 3/22/71 HEARINGS: UUP #167 Page Eight areas. This is for active and placid play. We are concerned with places where the kids can be very lively and also places where they can be very quiet. So this is a built—in part of all the design work and programming we are doing. Normally the placement of any one of these active or quiet areas relates to the building arrange- ment, the way the sur shines and many things on the site ands also, we must consider the .impact we have to any neighbors on either side. The plan shows the active play is related directly to the street and the street noises or the parking lot side and the parking noises. We believe in this arrangement of the plan we are decreasing the sound problem firstly by proper placement of elements. The --second point is that in the solution of any design we must solve the drainage problem and this does have some impact on the property in that the property slopes towards the back. The section at the top shows we must put in some fill thereby moving surface drainage water all the way back to the front. This works to our advantage in reference to the sound. We have the choice in dealing with sound problems of either going very low or very high. In this case we can't go lower because of the drainage problem. So this is an advantage to us to have to elevate the property. Several things to keep in mind about sound. It travels in a straight line and by the use of solid walls versus different kinds of barriers we can interrupt the sound, we can absorb it, we can bounce it almost anyway we want to. The plan proposes that along the two sides of the property, as it relates to the residential areas, there is a low structural wall that handles the fill so in no way are we placing a structural burden on the neighboring wall. On top of that fill:`.we are then proposing that we add another solid wall with a space behind our wall that will be planted and maintained so the people as they look from their property back toward the school they will see basically the wall they have and then the landscaping above it. Basically we don't think we are proposing any structure higher than what they have existing. Coupled with this wall which does block the sound and divert it up into the air, will be the use of arbors, which act as sound traps. The sound going back into them is then actually caught and reflected into the playyard. We will not stop it completely for sure as it moves on to the outside, but these are the tactics used for absorbing and stopping sound. We intend to have a lot of grass, many trees, a very solid and good planting in addition to the use of creative play elements. So this will in no way resemble a flat playyard but will be quite creative, attractive and a delightful environment. The notes on the plan before you pretty much record what I have said. If you have any question s,we will be glad to answer them. IN OPPOSITION Don M. Huff (Sworn in by City Clerk) Exalted Ruler Mayor Chappell and Councilmen, we have W.C. Elks No. 1996 represented our Lodge before the .Planning 841 W. Merced .Avenue Commission hearing on Unclassified Use Permit West Covina No. 167 in February and our lodge Attorney, John Nichols, will not be able to be present this evening to represent us in regards to his advisory opinion sought for the ABC license. However, if I may,I would like to make a couple of points for the record at this time. On March 17, 1971, we sent a letter to your office. It was addressed to Mayor Ken Chappell, West Covina City Hall, 1444 W. Garvey, West Covina. "Dear Mr. Mayor: We are hereby requesting a postponement of the public hearing by the City Council on Unclassified Use Permit No. 167 which is scheduled for Monday, March 22nd at 8 P.M. Our reason for requesting this post- ponement is that our Attorney, as representative of our Lodge, will not be able to be present at that time." This letter was signed by myself as Exalted Ruler of the Lodge. And we did receive an answer from the City to that. This evening you received a copy of a letter from Dr. Jenkins who represents the Preschool Centers and I had planned to read this letter as a matter of record. However, if you feel it is not necessary)I will not go into it. I will continue on - 8 CITY COUNCIL 3/22/71 Page Nine HEARING 5:.:,:UUP #167 to another subject. Mayor Chappell: We have read the letter and the letter will be entered and made a part of the hearing. (Letter from Sullivan Preschool Centers to Mr. Donald Huff, Benevolent and Protective Order of Elks, West Covina Lodge No. 1996, 841 West Merced Avenue, West Covina, California, 91791. "As I stated to you in our previous conversation, I am glad to confirm our position in regard to the possible location of our Sullivan Pre -School Center on West Merced Avenue, across the street from the West Covina Lodge of the Benevolent and Protective Order of the Elks.' "Since parents personally bring their children to the pre-school and call for them at the end of the session and the Elks Lodge maintains high standards for its members and guests, we have no concern about the fact that your Lodge is licensed by the ABC to serve alcoholic beverages. I am glad to assure you further that in the event you eventually expand your facilities, we would not be opposed to any changes in your licensing consistent with your present standards.' °T`As Superintendent of Schools in both Pasadena and San Francisco, I have always had the finest relationships with the leaders of the Benevolent and Protective Order of the Elks and I consider the Lodge as a fine neighbor for our pre-school center. °.Although we were presenting different points of view at the Planning Commission meeting, I appreciated the constructive approach that was taken by you and'your leaders, who spoke in behalf of the Lodge.` Robert E. Jenkins, President—" W. T. Tanking Mr. Mayor and members of the Councilf-and any 1538 East Cameron one who is concerned in regard to this very West Covina worthwhile activity requesting what they are, (Past Exalted Ruler they are that - a worthwhile activity. The of the Elks Lodge) thine' that is wrong is the location and that has to do with revenue to the City of West Covina either very soon or sometime. We are not against youth, we are not against anything having to do with schooling. We contribute to all that type of thing in Elkdom. Our prime concern in Elkdom is children. The Celebral Palsy program is -our national program and we have in California a prime activity having to do with about 30 therapists W6rking with children. So children is not the problem, nor schools is not the problem. It is a thing of interest to the City of West Covina and of course in the $elfish area it is a thing that the Elks Club is interested in having to do with location. We sponsor youth activities, youth athletics, youth dances, etc., so it isn't the matter of the school, the school itself is probably the finest thing that could be brought to West Covina, but it is the location of the school. We happened to be first in this location, 12 years ago. The proposal originally for this particular location was turned down by staff to your Planning Commission. The impressiveness of the ,proposal by the school activity as to the type of school is very impressive, but again it is a matter of location. It is not correct, having to do with that which is prime in the City of West Covina, and I am going to use facts to bring this to your attention. The revenue area you should always give consideration to. The Elks Club will guarantee you a quarter of a million dollars of revenue for tax purposes this year and every year forward it will be greater and it could be much greater, particularly if we were to ask for additional licensing and this is where the problem may be prevalent. Additional licensing, in that this school activity - although they appreciate us as a good neighbor that isn't the factor. It is a matter of future legal matters that 9 - CITY COUNCIL 3/22/71 HEARINGS: UUP #167 Page Ten will be of consideration because we are close to a school. Just as we recently established because we were first, a church should not be among us in close proximity ':.because if they had been first we could not be there© If this school had been perhaps we could not be there. So let's bring to your attention this Unclassified Use Permit #167 under the legal aspects of it having to do with how this is handled in West Covina as a law. Point A - indicates that in West Covina the proposed use is both desirable and necessary at the proposed location. Our answer is that the proposed school site is not desirable or necessary at the proposed location for our betterment or the good of the immediate area; and I will elaborate on that later in that there are other locations, very desirable locations without objections. Point B - that the proposed use will not adversely affect the surrounding neighborhood. Our answer is that the proposed use will adversely affect the operation of our Lodge and place our licenses and permits in jeopardy. This would be especially harmful to us. whenever we expanded our facilities or desired to change our existing permits. Gentlemen, if you don't know what we are saying when we say this, legally we are saying that should we open our Lodge to the public for lunches and dinners in a different type of license where we would have to ask the State for the allowance for that type of new licensing, it could be that any type of adverse opposition to this type of thing would cause it to be disallowed and in causing it to be disallowed it is possible that $100,000 or revenue taxable each year would be disallowed to the City. Point C - that the site is of adequate size and its development would conform to all City ordinances and standards. Under this point we say no variances have been granted in the immediate area and all development has conformed with the General Plan. Point D - that adjacent streets are adequate in size for the traffic that will be generated by the proposed use. Our answer to that is that we have no objection. Point E - that the proposed uses will not adversely affect the General Plano Our answer is the proposed use will adversely affect the General Plan in that it is not conducive to the highest and best use of the property as provided in the General Plan, being Office -Professional. The proposed use would be better located at many locations near existing school sites where they would not interfere with the operation or expansion of an existing structure. In our study for your consideration there are immediately available such locations for this school at these 5 locations in the City of West Covina: 1 - The southwest corner of Merced Avenue and Trojan Way; 2 m both sides of Sunset Avenue south of Merced Avenue; 3 - the west side of Orange Avenue south of Merced; 4 - the east side of Orange Avenue north of Walnut Creek Wash; and 5 - the southwest corner of Merced Avenue and Willow Avenue. Gentlemen, we hope in the Elks Clubs' objection to the location we bring to your attention that it is very possible that it would be shortsighted to allow for something that is so proper and yet so incorrect. As I stated earlier, we are for this type of thing many —fold but we were also first at this location and neighborhood and we want to continue to progress in the City and to do whatever is right and whatever is good. We hope that perhaps the consideration that the location is wrong for something that is right will be your thought tonight. Thank you. REBUTTAL Mr. Jenkins: First of all) this is not a school but a pre- school and parents will personally bring their children to the school and will pick them up. This is a different proposition than a public school located in an areawhere liquor is -being ser:ved... I think ",dt the last meeting of the Plahning:Commission I expressed the hope that perhaps your City Attorney 10 CITY COUNCIL 3/22/71 Page Eleven HEARINGS: UUP #167 might indicate his feeling about th.is�too, because we have .looked the law over pretty carefully. So we again say we have no objection as I stated in the letter to Mr. Huff and now assure you further, that in the event the Elks eventually expand their facilities we would not be opposed to any change in the licensing consistent with their present standards. Of course this includes the kind of thing you presented this evening. As far as location is concerned we are a professional outfit and we have a professional staff that analyzes very carefully through market research where it is best to locate to serve the needs of the parents and the children. This location 'was selected based upon all the criteria brought together, about fifteen sets of criteria. We selected West Covina for many reasons. It is a fine community and the kind of community we like to locate in and serve. This particular location gives us exposure to within the heart of an area, within a two and a half mile radius, that serves a popula- tion of 149,000 and 0 to 4 population over 12,000. So we study these things very carefully. In our professional judgment this is the best location and we have searched all over West Covina because this is where we would like to be. As far as a Variance, as I stated at the Planning Commission meeting) we are not requesting a Variance. It is not necessary. This is a professional use of the property and so a use permit is requested. We consider it a very fine use, best use professionally) and this is a $300,000 facility with private funds which does bring in a tax return to West Covina. I suppose we could be in here tonight suggesting we open up a liquor store but we are not, we are suggesting a preschool center and this we think is a very important use for this particular area and we hope the City Council will approve it. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Lloyd: I have looked the plan over and I thought the presentation was excellent. As far as the area is concerned my inclination is to agree .'with the people from the Elks Lodge for the following reasons. I think Mr. Tanking who makes an excellent presentationacovered ito We have already taken a step to say we didn't want one activity in that it was not wrong in itself but because it was a preempted right by the Elks Club, which indeed has served the community for a long time. I would hasten to add that I am not an Elk, although I enjoy the facilities. I would do everything I could to encourage the development of this type of activity because)indeed� we have a very young population as the recent census count indicates° So we should be ever mindful of the needs of our young people and certainly young mothers of young families who have to make a living and take care of young children a day school situation is something which is representative to the good of our community. However, I would have to say I. would go along with the Elks. I think they have demonstrated good faith over the years and have asked for this type of coopet6tion and I feel that their. would,.).indeedt.be:..hampered in their development because of the very nature of the organization. I don't think these two uses are totally compatible and I therefore will go along recommending "no". Mayor Chappell: Perhaps Mr. Wakefield can give us a ruling on this as to whether it would have any bear- ing at a later date? Mr. Wakefield: Section 23789 of the Business and Professions City Attorney Code which is the applicable State law simply provides that the Department of Alcoholic Beverages Control is authorized to refuse the issuance of an on -sale liquor license for premises located within 6001 of schools and public playgrounds. The statute does not define schools as used 11 _. CITY COUNCIL 3/22/71 HEARINGS: UUP #167 Page. Twelve within the perimeter of the section. However the Attorney General in 1965 wrote an -opinion in which he concluded that the schools referred to in that section refer only to elementary or secondary schools whether public, private or parp.chial. He went on to say that the.word "school" as used in the section did not apply to a long list of special kinds of schools, everything from dog obedience schools through cosmetology schools. I agree with the opinion of the Attorney General and in my opinion a preschool as contemplated here is not the kind of school that is contemplated by the statutory provision. Again it must be emphasized that the section itself places a discretion in the Department of the ABC to determine the suitability of a location for any license and the Board does have the authority to deny or grant an application regardless of the provisions of the statute if it finds that the granting of the license would be inimical to the surrounding neighborhood. Councilman Nichols: A short time ago our friends from the Elks Lodge were before us on a matter of an application for a church use immediately adjacent to the Elks property and I concluded at that time that there was indeed a potential for a -conflict of use between the church group and the Elks Lodge. My rather extensive experience with the pre- school usages in our City and California in general, leads me to believe that there is an extremely remote possibility that any actual conflict could exist by the commercial use of the preschool and the Elks Lodge. The preschool supervises children up to the age of 4 years and 9 months during the course of the working day and these children are delivered to the front door of these premises by their parents or guardians and admitted within and to the rear portions of those premises and I can't envision that any conceivable use that the Elks Lodge would be engaged in would be of any concern to those that operate a preschool. I hardly think a 4 year 9 month old child .is going to be offended by individuals consuming alcoholic beverages within the confines of the preschool. So in terms of any present or proposed use I don't think there is a conflict. One is a commercial use across the street, well protected and well shielded, and the other is a similar one. The representatives of the Elks Lodge have alluded repeatedly to the fact that sometime in the future they might desire to change the nature of their license but have not specified as to what that change might be or when and I don't think we need to go into that matter in detail. But the only possible extension of the use, in my opinion, would be the increased opening of their services to the public and even if this were the case I would not imagine again that there would be a conflict because the time of any possible increased usage would be in the evening or midday, at the very times when the preschool itself would have the very least traffic in and out of its facility. I also feel that the Elks Lodge is fully entitled to protest this application, and any application • that it feels is not in its interests to support, but I think it is my responsibility to weigh their protests in terms of what is truly equity from an objective and neutral standpoint and just as I have always attempted to support the interests of the Elks Lodge I think we should support the interests of those that desire a proper and an honest development of land in the area. As this matter was approved unanimously by those voting on the Planning Commission, I will add my vote in support of it this evening. Councilman Shearer: My concern this evening was the same as it was in regards to the church. I believe the City Attorney has adequately answered 12 CITY COUNCIL 3/22/71 HEARINGS: UUP##16 7 Page Thirteen this and that the ABC Board will use wisdom in any decisions it might be called upon in the future and will base its decision on the facts. I don't see any incompatibility here as I did in regard to the church use. I will vote in favor of the Unclassified Use Permit in favor of the preschool. Councilman Young: Mr. Jenkins will you please come forward for just a moment? I wondered if you could tell us the size of the increased valuation of the property and is there other income potential to the City from your operation? Mr. Jenkins: Income to residents of the City that will undoubtedly be working for us. Councilman Young: What about the tuition paid by the students, is there a tax on that to the City? Mr. Jenkins: No, I am not aware of any tax that the City would have on that. Mr. Wakefield: Councilman Young, other than the ordinary City Attorney business license fees there would be no tax paid on tuition by the parents of the pre- schoolers. Councilman Young: Thank you. Mr. Tanking perhaps you could answer my next question. .Did Councilman Nichols correctly state the only barrier of future expansion that you feel might be interferring here? Mr. Tanking: This is a very important possibility. Our further expansion of the open license brings the public in for both lunch and dinner and since we have so few of this type of thing in West Covina "it could be like the Lodge in San Fernando where the activity is enhancing by the tens of thousands dollars a year additional revenue to the City. That is why I make mention of this. This is when the State Board will look at the licensing. Councilman Young: Thank you. I am very much torn on this matter. I am, of course, very sympathetic to the Elks, having been a recent member. And I do feel the Elks have the type reputation in this community and will maintain that reputation to the point that if the facility is expanded as they desire I feel the community will be in. support of this desire, "'And if the community is not in support thereofitwill be because of a drastic change in the Elks approach and I don°t think the Elks will change. Therefore I will join Councilman Nichols and Councilman Shearer in this matter. Mayor Chappell: I think the Council has demonstrated in the past that they know the Elks are a -very worthy organization in our community. I isdon't think since the City Attorney has stated the ruling on the possibility of the ABC problem with the expansion of the Elks Lodge, ;.sinde:' this is a private preschool and not a public school type situation')and if I thought it was going to be a problem in the future I would certainly vote against the school; but I feel we protected ourselves, protected our flanks and that the situation will not prevail. Therefore, I too will support the decision of the majority of the Council on this item. Motion by Councilman Shearer, seconded by Councilman Nichols, that Unclassified Use Permit No. 167 be approved. Motion carried on roll call vote as follows: - 13 to CITY COUNCIL, 3/22/71 HEARINGS: UUP ##167 Page Fourteen. AYES: Councilmen Shearer, Nichols, Young, Chappell NOES: Councilman Lloyd ABSENT: None THE CHAIR DECLARED A RECESS AT 8:50 .P.M� COUNCIL RECONVENED AT 9:02 P.M. SOUTH GLENDORA AVENUE PLAN LOCATION: Generally located at north - AREA 1, REV. 2 westerly corner of Service and Glendora CITY INITIATED Avenue. REQUEST: A revision to the South Glendora Avenue Plan, Area I, to change the recommended land use from service commercial to medium density residential. Denied by Planning Commission Resolution No. 2324. Appealed by Shareholders Capital Programs, Inc. on 2/19/71. ZONE CHANGE NO. 450 PRECISE PLAN NO. 601 REV. 1 SHAREHOLDERS CAPITAL PROGRAMS, INCa 7.63 acre parcel. Denied b 2322 and 2323. Appealed by y LOCATION: Northwesterly corner of Glendora and Service Avenues. REQUEST: Approval of a change of zone from S®C (Service Commercial) to MF-25 (Medium Density Multiple Family) and approval of a precise plan of design for a 190 unit apartment development on a Planning Commission Resolutions Nos. applicant on 2/19/7.1. Mayor Chappell stated both items would be heard concurrently. Mr. Munsell, Planning Director,,summarized Resolution No. 2324 of the Planning Commission, denying a revision in the South Glendora Avenue Plan, Area I, Rev. 2, to allow a change in the recommended land use. Slides shown and explained. Commission='denial based on the fact a policy change permitting additional multiple family uses in this area would not be appropriate at this time and that both South Glendora Avenue Plan Areas I and II call for sufficient multiple family uses, and there is a reserve of undeveloped multiple family zoned property throughout the City. Mr. Munsell summarized Planning Commission Resolution No. 2322, slides shown. It was explained that the Planning Commissions denial of the Zone Change was based on the fact that the General Plan, as well as other multiple family zoned properties throughout the City, is adequate for the current needs of the community; and further the General Plan indicates that the subject property is appropriately zoned for commercial uses and a change of zone would not be appro- priate at this -time and that the proposed zone change does not meet the MF-25 criteria. Mr..:MUnsell summarized .Planning.Commission Resolution Noo 2323 denying -Precise Plan of design application No. 601, Revision 1 based on the following facts. there are a number of discrepancies to the Ordinance which admittedly could probably be solved assuming zoning in the precise area could be modified but since the zoning was denied and the revision to the South Glendora Avenue Plan the Precise Plan was also denied. So while this plan could meet our standards it doesn't have appropriate zoning and therefore it is appropriately denied. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON SOUTH GLENDORA AVENUE PLAN AREA 1, REV. 2 AND ZONE CHANGE NO. 450 AND PRECISE PLAN NOa 601, REV,, to THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST PUBLIC HEARING CLOSED. COUNCIL DISCUSSION, Mayor Chappellz Mr. Munsell, was no one to appear from Shareholders Capital Programs, Inc.,? Mr. Munsell: It was my understanding they would have people here. they were aware of the hearing and did have a representative at the Planning Commission. - 14 - Reg. CC Mtg. 3/22/71 Page Fifteen Public Hearings: South Glendora, Avenue Pla.n, Area, I,Rev. 2 - Continued ZC #450 a.nd PP #601, Rev. 1 Councilmen Lloyd: Mr. Mayor, I would concur with the findings of the Planning Commission. Councilman Young: In the a.bsence of testimony I would offer the motion that the action of the Planning Commission be upheld. Seconded by Councilman Lloyd, Motion carried on roll ca.11 vote a.s follows: 1.=AYES":., Councilmen Shearer, Nichols, Young, Lloyd, :Chdppell:o NOES: None ABSENT: None: Councilman Nichols: Mr. Mayor, a. question regarding items 4, 5 a.nd 6. Ca.n they be heard concurrently? Mr. Wa.kefield : Yes, Mr. Mayor a.nd Members of Council., the three items 4, 5 a.nd 6 a.re set a.s hearing matters simply because the statute which authorizes the a.doPtion of the Codes by reference requires tha.t a.n opportunity be a.fforded to a.nyone tha.t ha.s objections to a.ppea.r a.nd state his objections.. . The three items ca,n be considered together a.s a. single hearing item. We need to adopt the Ordinances sepa.ra.telyo HEARING ON PROPOSED ORDINANCES TO ADOPT BY REFERENCE THE. UNIFORM BUILDING CODE, 1970 EDITION, VOLUME 1; THE UNIFORM MECHANICAL CODE, 1970 EDITION, VOLUME 2; THE UNIFORM...PLUMBING CODE, 1970.EDITION; THE NATIONAL ELECTRICAL CODE, 1968 EDITION; AND CERTAIN CHANGES THEREIN REQUIRED TO MEET LOCAL CONDITIONS. Set for this da.te by the City Council on February 22, 1971; legal publica.- tion in the West Covina. Tribune on March 4 a.nd 11, 1971. THE CHAIR .STATED THAT THIS IS THE TIME AND,PLACE FOR THE PUBLIC HEARING OF ANY�PROTESTS OR OBJECTIONS TO THE ADOPTION OF THE ABOVE ORDINANCES. Mr. Wakefield: Mr. Ma.yor a.nd Members of the City Council, the statutory authority under which these ordinances a.re adopted requires tha.t if changes a.re ma.de in these Codes, those changes must be made to meet local conditions. The Building Department ha,s a.dvised that the changes in a.11 three of these Ordina.nces are required to meet conditions existing within the City of West Covina a.nd it would then be a.ppropria.te to consider each of the Ordinances in turn. There wa.s a, single noticing of a.11 three Ordina.nces- Motion by Councilman Shea.rer, seconded by Councilman Young, a.nd carried, to receive a.nd file the Affidavit of Publica.tiono Mr. Wa.kef field : Mr. Ma.yor , it would be in order to inquire if there is a.nyone in the audience who desires to be heard in reference to a.ny one of these matters. THERE BEING NO PUBLIC TESTIMONY, THE CHAIR DECLARED THE PUBLIC HEARING CLOSED. Mr. Wa.kef field : The first item is a.n Ordina.nce which wa.s introduced a.t the February 22nd meeting. It would be a.pprom pria.te to consider the adoption of this Ordina.nceo ORDINANCE NO. 1157 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 8110 a.nd 8110.1 OF THE ..WEST COVINA MUNICIPAL CODE, RELATING TO THE ADOPTION OF THE UNIFORM BUILDING CODE (1970 EDITION), THE UNIFORM MECHANICAL CODE, 1970 EDITION, MAKING CERTAIN CHANGES THEREIN REQUIRED TO MEET LOCAL CONDITIONS". CITY COUNCIL 3/22/71 PUBLIC HEARINGS: UNIFORM CODES Page Sixteen Mayor Chappell: Hearing no objection waive further reading of the body of said Ordinance° Motion by Councilman Shearer, seconded by Councilman Young, to a,dmpt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell. NOES: None ABSENT: None ORDINANCE NO. 1158 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 8120 AND 8121, AND REPEALING SECTION 8122 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1970 EDITION, AND MAKING CERTAIN CHANGES THEREIN REQUIRED TO MEET LOCAL CONDITIONS. 10 Mayor Chappell: Hearing no objection waive further reading of the body of said Ordinance® Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell-., NOES: None ABSENT: None ORDINANCE NO. 1159 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING PART 3 OF CHAPTER 1 OF ARTICLE VIII (CONSISTING OF SECTION 8130 TO 8163 INCLUSIVE) AND ADDING A NEW PART 3 CHAPTER 1 OF ARTICLE VIII TO THE WEST COVINA MUNICIPAL CODE ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 EDITION, AND ADOPTING CERTAIN ADDITIONS THERETO REQUIRED TO MEET LOCAL CONDITIONS AND CONSTITUTING THE ELECTRICAL CODE OF THE CITY." Mayor Chappell: Hearing no objection waive further reading of the body of said Ordinan.eeo Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, "Chappell NOES,; _None ABSENT: None PLANNING COMMISSION REVIEW -ACTION OF Motion by Councilman Lloyd, seconded by MARCH 17a 1971. Councilman Young and carried, to receive and file. TENTATIVE TRACT Mr. Munsell, Planning Director,. summarized NO — 29126 m BRUTOCO Planning Commission Resolution No. 2315 DEVELOPMENT COMPANY recommending approval of Tentative Tract No. 29126. Slides shown and explained. Mr. Munsell: There was a total of 166 signatures on the petition in opposition. 79 in the immediate vicinity, severalwere found to be in Los Angeles and one completely out of the Southern California area and numerous spread throughout the City whose signatures were on this petition. Basically there were 79 parcels represented in this immediate vicinity. (Further slides shown and explained with .regard to location and dis® tridtso) Staff has devised areas generally encompassing neighborhood parks and when fees are accumulated in those areas they will be ear- marked and generally used for only those areas. The Planning Commission in reviewing this subdivision did listen to residents concerned about the street system in the area and did review the Fire Chief, Police Chief and Engineering Department concerns in having ® 16 CITY COUNCIL Page Seventeen PLAN. COM: TT NO. 29126 the street patterns complete and recommended approval as shown in the revised Tract Map No. 29126. Mayor Chappell. This particular item is not normally scheduled for a public hearing but due to the fact Council felt it should be made a public hearing it was so declared® At this time I will open the public hearing for those interested. I want to explain we are only talking about a Tentative Tract Map, not zoning. So if you get off the item we are hearing I will have to ask you to switch back to the Tentative Tract Map 29126. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON TENTATIVE TRACT MAP NO. 29126. IN FAVOR Richard Delgurseo (Sworn in by City Clerk.) Attorney I am an attorney representing the Brutoco 649 South Olive St., Development Company, Mr. Mayor and members of Los Angeles Counci11in connection with this Tentative M.ap before you for approval tonight,-7-'he primary thing to which I would like to address my remarks is the question of park dedication® The Ordinances adopted by the City provide for an alternative of dedication of certain portions of the subdivided lands for park purposes, or the alternative of the establishment of certain fees to be paid in lieu of park dedication. At the time the matter was before the Planning Commission the staff pointed out that in addition to the lands which would be required for park dedication in accordance with the formulas established -by the ordinance it apparently was felt there was a need for additional parklands, particularly in view.of the uses made. -for certain portions of this land in the past by the Little -League -ball diamonds. _.This is -a --use that has been made pursuant to permission granted by the owner of the'propertyo One of the objectives of the owner of the property insofar as this subdivision is concerned is to work with the City and provide for a satisfactory solution of the legitimate city needs as far as your parks are concerned. Also to provide for a proper economic development of the land. We have had a number of discussions with members of the Planning Commission staff with respect to the alternatives and we are frankly at a point tonight where neither the owneroand I think it is also true of the staff and the Commission, we don't know what some of the alternatives are particularly in regard to the fees to be imposed in connection with the alternative if lands are not dedicated. As you know your ordinance requires if there is no dedication then the fees are to be determined either on the basis of a formula of the assessed value of the property, or on the basis of an independent evaluation analysis, or if that is not acceptable, on the basis of some mutually acceptable formula. So far we haven't been able to arrive at -a proper solution, and we would like to continue to discuss this with:' -the staff and the Commission because we feel there are certain areas that would be mutually satisfactory to both the owner and the City�to accomplish mutual objectives. For that reason we would ask that the Council consider the other matters such as street alignment, etc°, but that final determination on the matter be deferred until we see if we can work out these other things regarding park dedication. I would mention one thing, At the time the matter was before the Planning Commission,there was a question that arose with respect to certain engineering features, particularly disposal of certain storm waters. Mr. Walsh, the engineer retained by the owner, is here tonight to answer any questions you might have, but I think the problem basically)is that the matter has been analyzed and all the objections>presented at the Planning Commission were resolved on an engineering basis and.at the time when final engineering drawings are prepared then I think the final answers will be available to everybody. I will be happy to answer any question that you might have and if there are none that is all the presentation we would make at this time. Thank you. m 17 CITY COUNCIL 3/22/71. Page Eighteen PLAN, COM.: TT NO. 29126 Mayor Chappell: Mr. Wakefield, can we pull out parts of this? Mr. Wakefield: Mr. Mayor and members of Council in light of City Attorney the request that has been made ae Council would have the authority to continue the matter for final decision at some future date that meets the convenience of the City Council, It would also be in order for you to hear at this time anyone who might wish to speak in opposition to the proposed subdivision, particularly insofar as it may relate to the design of the subdivision, the improvements proposed and items of that sort which relate specifically to the proposed subdivision and the development proposed in connection with it. Again it probably should be pointed out that the question of the zoning for the parcels of property that are involved is not before the Council tonight and those matters would not be natural to a consideration of the subdivision map itself. IN OPPOSITION (Sworn in by City Clerk) Clyde Batchelder:. I own the property immediately to the west across 21037 Avenue 3 A Azusa Avenue and there is an easement which we Woodlake grant for the water that goes through there since 1925 which goes through a 30" pipe, We don't see how;your State Engineers have put in a 78" pipe under the road and if you have some hidden magic that you can put that much water through a 3011 pipe, wel l I am here 'to listen. My relations with West Covina have been good, I think, I try to make it that way and I would like to keep it that way. I would like to have West Covina dispose itself from this drainage problem because just as the sun rises tomorrow morning I am going to fight this thing to the highest court in the land. I don't think this can be developed. I just want you to know that is my stand. I am the last one,to have opposition with West Covina, but I have no choice. There is some $80,000 involved for putting in a pipe and I have been advised it is his responsibility to take care of the drainage. Also) if you have any proposition)I am open to any proposition that can be developed. I should be the last one to oppose any development across the street from my property but if they have any proposals that can be suggested to take care of this I am here to accept it. We have been paying taxes on this ground for a long time. In fact I. think we are paying more taxes for unzoned land than is being paid �for zoned land. We are paying some $200 per acre taxes for 9 years than the zoned land is paying. That money that the subdivider has been saving could be put to this water situation which would be a big help. I don't want to say ary more or take anymore of your time. Thank you. Mrs. Sanford Grumet (Sworn in by City Clerk.) 1445 Queen Summit :Drive I have spoken before the City Council West Covina regarding this. I want to discuss now the article that appeared in the Times and I want to direct my discussion for the moment to Councilman Nichols. I wish to quote some of the things he said in the article. Mayor Chappell: We are not going to take up personality type things. Mrs. Grum.et: I am sorry, there are a lot of misquotes in here and I think I have a right to discuss them. Mayor Chappell: No, we are not discussing a newspaper article, only the Tentative Tract .Map. Mrs. Grumet: I am discussing the comments regarding the various streets. Mayor Chappell: Fine, then make your discussion regarding the streets, please. We have a procedure we must adhere to and follow. ® 18 - CITY COUNCIL 3/22/71 Page Nineteen PLAN. COM.: TTNo. 29126 Mrs. Grumet: We have been told we were given ample notice of the proposed use of this land. We had not because we htLve never had the courtesy of a public hearing since we have been living there, The public hearing appeared 9 years ago before anyone of Us were living there. A public hearing, while we appreciate the few minutes you have allowed us at the various meetings, a public hearing does allow notices to go out. Most of the people on Hillward and South Hills .Drive were not even aware that these streets were going through and we have not had ample time to actually inform anyone. Now regarding the taxes. We are dealing in and around this area because ,it was discussed that the developer has been paying taxes on this particular land. I went to the County Assessor's office and the taxes paid for 56 acres is only $15,000 a year, while I can go right'down to 182 acres on Cameron zoned R®1 .... Mayor Chappell: Please we are not discussing the taxes. Stick to the things we are discussing. Mrs. Grumet: I am discussing the fact that the families on residential have been paying at least $30,000 a year and we have a right to be protected. Our children have a right to be protected, to have the streets culmde- 'sa.cced . Mayor Chappell: Fine, then talk about the streets. Taxes have nothing to do with it. Mrs. Grumet: Of course they do. It is all one ball of wax and you know it. We were told the reason we had to protect the developer is because he had been paying these taxes, well so are we. Even when the mutiple units should go up there we have thousands of dollars of our tax money invested in Galster Park which our children will not be able to take advantage of because the units will be in the way. Children will have to go all the way through there and our tax money is sitting there and the City doesn't even own the park. And this is also relavento Mayor Chappell: Nolthat is another subject. The City owns the park. Please stay with the Tract Map. Mrs. Grumet: We have been bogged down in protocol and not allowed to discuss this property ever. I don't think it is fair to the citizens because we are taxpayers and we do elect the City Council and we do have a right to be heard. We have never fully been heard on this. Mayor Chappell: That is why we are holding this as a public hearing. We did not have to have a hearing but the Council decided to hold it. Mrs® Grumet: But this is not a true public hearing. Was a notice sent out to the residents? Was a 40 notice sent into the newspapers m if this is a public hearing? Mr. Wakefield: Mr. Mayor and members of the City Council, for City Attorney Mrs. Grumet°s information, my recollection is that she was here and spoke at the time this matter came up two weeks ago and was continued to this date. But I think it should be clear to her and to all of the other interested people that this is a matter involving the consideration of a subdivision map which is presented to the City for its consideration and review® The jurisdiction of the City at this point of time is limited to a consideration of the subdivision as proposed - the 19 CITY COUNCIL 3/22/71 Page Twenty PLAN. COM: TT No. 29126 location of the streets, the kind and nature of improvements proposed to be placed upon the property and items of that sort that relate to the subdivision development itself. The hearing procedure provided by law is simply to give the subdivider the protection of having the opportunity to appeal any determination L which he considers to be inappropriate. On the other hand the law does authorize the City Council in connection with such a hearing to hear other interested people and give them an opportunity to present their point of view with respect to the items included in the proposed subdivision. There is no requirement that notices be sent out because this is not a zoning hearing, it is simply a hearing to consider a subdivision map. It is true there were no notices sent out as there would be if a change of zone were being considered for the property 1 but there is no requirement. This is simply a means of accommodating those people interested in the development to make any objections. Mrs. Grumet: May I ask Mr. Wakefield a. question? (Permission given.) If we wish to discuss the zoning would an initiative petition be in order and what is the procedure? Mr. Wakefield: A proceeding for a change of zone may not be City Attorney initiated by the initiative process simply because the law requires that a City follow a particular procedure in changing the zone of a particular parcel of property. Proceedings may be initiated by the property owner, proceedings may be initiated by action of the City Council, or by the Planning Commission on its own. But the initiative procedure is not available to people of the community for the purpose of enacting an ordinance which changes the zone for a particular parcel of proper- ty. Once the Ordinance is adopted then that Ordinance is like any other Ordinance which may be adopted by.a City Council, it is subject to a referendum and if"an appropriate petition is filed within the. 30 days specified by lawlthe Ordinance will not -become effective.until the City Council has had an opportunity to review it or until it is submitted to a vote of the people. Many other ordinances may be initiated by the people and are subject to the initiative procedure, but a change of zone ordinance is not. Mrs. Grumet: : Then are you saying that there is no way of changing this, or are you saying a referendum petition is in order? Mr. Wakefield: A.referendum petition is not in order insofar as the Ordinance which established the zoning on these particular parcels of property because that Ordinance was adopted some 9 or 10 years ago. The Ordinances are now effective and are now beyond the reach of the referendum procedure. A referendum is a procedure to afford people the opportunity to stay the effect of an Ordinance adopted by a City Council, but the procedure must be initiated, the petition must be circulated and filed with a requisite number of signatures before it becomes effective. After it is effected it is beyond the reach of the referendum procedures. Now it may be unfortunate, depending upon your own point of view, that a change of zone ordinance may not be initiated by the people but this is the law, the City Council is bound to follow the statute in this particular case. The legal situation is simply stated, that a zoning ordinance may not be initiated by the people themselves. As I stated before, a property owner may potion for a change of zone, an initiation of a change of zone proceeding may be established by the City Council or the Planning -Commission,_, but those are the only alternatives under the law for the initiation of proceedings to change the zoning of a particular piece of property. Mrs. Grumet: Thank you. Well then I will just get back to the cul-de-sac, which seems about the only thing I can discuss; except Mr. Munsell didn't 20 CITY COUNCIL 3/22/71 PLAN. COMo: TT NO. 29126 Page Twenty-one mention the fact that the particular area below South Hills Drive, that it has now a barricade and is graded. (Councilman Lloyd asked for a slide of the area to'be shown. Slide shown and Mr. Munsell explained in this location there is a graded street'at the current deadending of South Hills Drive. There is a substantial ramp of dirt which takes the obvious extension of South Hills Drive down into the Valley. The street currently slopes from the loop street of the single family residential development] it slopes down and carries rain water and other drainage down into the Valley and in addition to that the underground utilities that go into Galster Park follow roughly the alignment of this future streets which was approved in 1963 prior to the construction of any homes in this project. Mrs. Grumetm Now my point, as you can see this street is now closed off. The grading that .Mr. Munsell discussed was put in approximately a month ago. While this was private property it was never fenced off, the ordinance was never applied to water the hills, there was garbage as City Council is aware of because I sent letters in m - it has stood this way and been a constant hazard for the 4 years we have lived here and nobody has forced the owner to do anything about it and now you are going to extend those streets whereby we are going to have on top of that pollution and danger to our children and all the other things that go with having two thousand apartment dwellers. I don't think it is fair to us and our children as taxpayers, there has to be an. alternative. This was'sent back to the Planning Commission to find an alternative and evidently they just didn't go into it too thoroughly because there must be, rather than have those streets extend through our residential area and put us in a position of coping with the noise, the pollution and all the rest that goes with that type of traffic. We have certainly been suffering up there because that area has never been filled in and our children have never been protected, Two children had serious accidents there and nobody did anything about it and now you are going to make it much harder for us and much more dangerous®opening those streets. Harold Rimba Mr. Mayor and gentlemen of the Council, as 1342 South Hills Drive far as legal and technical facets of this West Covina problem are concerned I am not familiar with them. However, we went into a situation where we purchased a home in this area, whether we should have looked at the Master Plan I don't know..' I know I had a situation when I sold a home, of having to tell the people that there was a proposed freeway coming in possibly in 6 years. Whether we have a suit against the Savings& Loan Association, I don't know. I do know that if you gentlemen would take the time -to look at the area it is a place consisting of homes in excess of $45,000. Surely there must be some way, some suggestions that can be open outside of extending those roads. As far as the zoning is concerned if it is an existing consideration, whether there is anything that can be done is not our issue tonight, but surely there must be some other option. There must be some protection for us. The fact that we are there, the fact if these were culmde-sacred we would have some sort of protection for our area. In the event they are not then we have race tracks running through. The analogy is like Highland Avenue in Hollywood, where there are beautiful homes on a race track. Our homes would drop in value or be valueless and certainly as a place to live it would not be desirable at all. I sincerely wish you would give serious and honest consideration to our problem and surely it is selfish on our behalfjbut certainly it is not detrimental to the City itself to try and figure out an alternative before it is developed,to eliminate South Hills Drive and Hillward as race tracks, so all,these people would not be coming past my house. At present with all the hills we have enough trouble now with the police getting the kids out of the hills when they go scramming 21 CITY COUNCIL 3/22/71 Page Twenty-two PLAN. COMa; TT NO. 29126 around there. If it is a main thoroughfare it will have a certain deleterious effect on all of use I appreciate your time. Thank you. David Welch (Sworn in by City Clerk.) 2021 Cameo Drive Mr. Mayor and members of Council ,;,I had the honor West Covina of addressing you two weeks ago when this matter was laid aside to this evening. I feel, Mr. Mayor, that I was misled by a member of the Council. I was told the developer of the area had been paying high taxes over the past years and was entitled to collecting profits. It has come to my attention that the developer of this area has been paying taxes infinitesimally small as compared to similar property within the immediate neighborhood. I appreciate this has nothing to do with the present consideration, but I do feel I would like to get it off my chest and this should be' known to our people. I object strongly to the road plan of this development, primarily for selfish reasons, but selfish reasons alone cannot prompt me to stand here and address you gentlemen, I must speak for my neighbors and the citizens of West Covina. You gentlemen were elected because the platform was "We are for the people.'" This is the reason you were elected. There was another similar development, which I don't wish to get into, which was a very exciting part of our last election. And it is good that we did get some excitement into our local elections. You gentlemen were elected because you fought against the developer. I must ask that you start fighting again. Fighting to stop roads that would develop race tracks. Hillward Avenue, for example, has an upthrust angle of about 130 degrees in it with a gradient coming down to the north which is presently being used by motorcyclists, We have a constant police control in that area. My child just lost a kitten, I don°t.wish to appeal to your hearts, but this happened, The race downhill at this time on Hillward is bad. What it is going to be like .if this proposed subdivision goes through and Hillward drive and South Hills Drive, a similar road, goes through, I don't know. Maybe someone will get hurt and I feel in looking at this you must look at the contours of the land. Thank you. Tom Gillum (Sworn in by City Clerk.) 1728 Avington Gentlemen, Mr. Mayor and Councilmen, I have to West Covina agree with the last gentleman - the past election was exciting - depending on which side you were on. There is no need for me to stand here and go over the facts presented to you, I can appreciate the hook, shall we says you are hung on, but there is one thing that does concern men gentlemen, and I bring it up for your consideration. The need the community does have for parks and within this request .is a request to help us develop and provide the necessary parks in our community. Judging on past performances when things of this type have been asked of the Council to be delayed and worked out at a later date, I can assure you from my own experience on Council, what has been worked out at a later date has not been in the best interests of the total community and I would suggest to you gentlemen to consider before granting the request that you tie down for the total interests of this community the recreation and park needs that are set down in the Ordinance,and I think in good judgment by the City Council, to provide the necessary recreation. and park needs of our community. Thank you. Tom Ganganelle (Sworn in by City Clerk.) 17518 Rio De Oro Drive Mr. Mayor and Council members ,/I merely West Covina want to ask one question, I live directly in front of the Edison Substation and I am in a county area. I want to know if this area that is proposed for development is county or city property? 22 CITY COUNCIL 3/22/71 Page Twenty-three PLAN. COMa: TT NOo 29126 Mayor Chappell. It is West Covina. Joe Elardo (Sworn in by City Clerk.) 1438 Queen Summit Drive Mr Mayor and Members of Council I was not • West Covina aware of this development until just recent- ly. Going back to what Mrs. Grumet said, there was no public notification and going back to the Savings & Loan that sold me my house - welll all the time in this area I wanted to come to West Covina to live because I heard West Covina was the finest place to live in this area. So I saved and gave everything I could to buying what I considered a very expensive home® Now you people with this development that these gentlemen are trying to put up are just tearing away from me everything I have done in the last 20 years. My theory is this and I would like to ask a .few questions. What type of multiple units are we putting into this area? Mayor Chappell: We are not discussing the zoning right now. It will be a MF-15 or MFm25o Mr. Elardo: I mean is it going to be $150.00 a month apartment, $200.00 or what ® that has a bearing on the whole thing. Mayor Chappell: No...it�has nothing to do with it at present because the precise plan has never been presented to use All we know is that the land has been zoned and the man is coming in asking for street patterns. We don't know these other things. He may know, but we don't know. He has never presented it to us. Mr. Elardo: No decision will be made until you find out all the particulars on this? Mayor Chappell: These will be presented to us later on when he comes in with the precise plan and if they don't conform with our standards )it will not be approved, Mr. Elardo. Have any of you gentlemen been on South Hills Drive? Councilman Shearer: Yes,,I was there in response to an inquiry from one of your people as to why South Hills Drive had not been extended. Mayor Chappell: I live there. Mr. Elardo: Have you driven down South Hills Drive - it does curve and it is quite steep and to maintain the 25 mile speed limit m well/this is the problem we have in the area. Now if you put a through street, South Hills dead ends at Casa Linda and in fact those people on Casa Linda are going to have people in their front living room if you let this go through. People will be killed on this street because of this. Casa Linda dead ends and T°s, goes around to Hollenbeck Drive and Merced and towards Michelle. I believe we will have a problem with children, there are a lot of children going down towards South Hills Drive because I go down there every morning. And people right now don't stop in time at that corner. They wind up in the middle of the street before they realize they have to make a right or lefthand turn if they are unfamiliar with the area. I believe that is one of the reasons I would want South Hills Drive culmde-sacced for the protection of the kids in the area and not only for the depreciation in value of property but forthe kids in this area. I believe someone is going to get injured badly -and I think we are all at fault if we approve this. Thank you. 23 CITY COUNCIL 3/22/71 PLAN. COM.: TT NO. 29126 Page Twenty-four REBUTTAL Richard Delgurseo I just have a few remarks with respect to the Attorney question of the street pattern. I might point . out how the street pattern for the area which is inhabited by the people appearing before you tonight and express- ing their concern, was established at the time the original area was developed. If you recall the present 57 acres before you was in the early 60°s a part of an approximate 180 acre parcel andcthat street pattern was developed at that time when these homes were built. The streets, such as South Hills and Hillward Drive were laid out -not only to serve their area but the balance of the property contemplated for future development at that time. The street layout as it exists is really something that in the development of this last 57 acres we have to work to connect with something that is already there. This is not something we are proposing initially for the first time. We are advised by staff, who have studied this in some length, that through streets serve a necessary purpose not only for traffic patterns but for fire protection as well, not only for the area these people live in but the area that is to be developed® So there are a variety of factors which I understand exist that indicate the necessity for these streets. It would be our preference, if it were possible, that we do not have to put all of these streets in. Certain of them are needed but we would have no objection to certain of them being eliminated and for such things as making Galster Park, for example, accessible not only to the people that live within the 57 acres but to people that live in the north, through streets of some sort are necessary to avoid people having to go around via Azusa Avenue in order to utilize Galster Park. So we feel the street layout is one that properly serves all of the properties, not just our property alone, but all of the properties that have developed over the years. That is all I have to say at this point. If there are any questions unanswered) I will be glad to try and answer them. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION - Mayor Chappell: We do have a request to hold this over while our Planning Department firms this up a little bit more with regard to the parksite, particularity the baseball diamond problem. Councilman Lloyd: Mr. Mayor, I think the dilemma.. which is presented to the people this evening is one wherein they feel the frustration of not being able to talk on the zoning issue which of courselis past. Whether you agree or disagree the answer is, as far as this Council is concerned, that unless we can come up with 3 members here who agree they want to open up the zoning issue which opens up a totally . different social problem in the City, and I. don't think you would get the 3 votes, that we really can't respond to the real concern most of you people have come in this evening to ask and that is� can you in . any...waystop the development which is currently going on? I think the answer is - now you can't. The problem, if there is one, is the decision was made by a Council approximately 9 years ago. I understand your frustration and,of course/I guess I am doing the rest of the Council a favor because I am probably taking the hit on the first go around. I have no great feeling on the thing. My attitude is very simple. I learned a lesson from the Handler property and that was if the people want a thing) they can bring pressure to bear. However, I think you would run into a'regal situation. So the only thing we can really discuss this evening isn't even the zoning or the apartments until such time as _....`Mrm Brutoco and his people stand here and say we wish to build - 24 CITY COUNCIL 3/22/71 Page Twenty-five PLAN. COM.: TT NO. 29126 apartments of this variety, then that consideration is not before this Council until such time as that action is taken. He.and his people have not taken that action,so the only thing we are talking about is the alignment of roads .until-c.h6 is ;indicating -a desiro -to...-go forward with.a certain type of development. I think the two things which certainly I would like to hear some answers on are: J - is the parks. What are we going to do? I, as a Councilman, really don't want to go forward any further until I know what is going to happen to the park. Do we have to buy the land? Are they going to give the land? I think Mr. 3atchelder.°.s request:,. although':t.otally ancillary to the issue at hand, is a valid question. His question, of course, is what happens to the drainage when an area is developed, black topped, streets, etc. Obviously you have more water runoff when you put in black topped streets and all the rest of the things and as I understand if the drainage will go to the west and then has to go through a 30" pipe on his land. So these are the two problems I see, but strange _as.,_t may seem both of these problems are not before the Council this evening. Regardless of what my personal feelings may be the fact remains we must considers as a deliberative body/only those issues which are set before this Council. We cannot go back. I honestly wish Mrs. Grumet that you could have the opportunity to reopen the bidding and as Mr. Welch indicated, perhaps you were misled a little bit. I know oftentimes people.,selling their wares don't properly present it and I do know the problems you are facing when you talk about culmde­saccin g, because the street I live on was just recently opened up and I will make no bones about the fact - and we have children walking through the streets just as yours, the traffic has speeded up probably by twice and I have personally taken the liberty of calling the police and asking - will you please control a little more stringently at least for the opening period? So again I am'sympathetic. This is a problem you people will face, no doubt about it in my mind. The only thing I can say to you is that I have no way of going forward. There is no decision that I can personally make to help you at this point. We have to consider the situation as it exists at the present moment and that is all this Council can do, regardless of what their personal feelings may be. This is really the crux of the matter. People have called me over the weekend and said - what can I do to change the zoning? And one lady spoke to me and asked if it was possible to make a change in the zoning and I said it is possible, but this Council as far as I know,the Council has to have a vote)and then we would be faced with some very serious legal implications. Is that correct - Mr. Wakefield? Mr. Wakefield: The Council could initiate proceedings for a City Attorney change of zone, but then it would go back to the Planning Commission for initial hearing and ultimate recommendation back to the City Council before action could be taken on the matter. Councilman Lloyd: Presuming the City Council would even carry it forward at that point then you come right back •to -well,, if the Council can reverse the decision for somebody that has held this land for whatever the years may be and for whatever the taxes paid; no argument about the fact that there is inequity as far as the taxes paid, assuming the presentation by Mr. Batchelder and Mrs. Grumet and others here is correct, but that is totally another problem for the tax assessor. So I think what this Council must do is deal with the situation as it exists at the present moment, there isn't anything else I can do. Councilman Nichols: Many people who serve in political office operate on the theory that if you want to handle_a_,thing slickly you go.._around in many, many circles and let the opponents down a notch at a time, very gradually until finally they really don't know when they have hit the bottom. It 25 CITY COUNCIL 3/22/71 Page Twenty-six PLAN. COM.e TT NO. 29126 seems that there is probably a good reason for this because when a Councilman or elected official seems to be direct and forthright and speaks with honor and integrity, the response is anger that he has spoken.iri;such shocking terms. Even though those words come as truth. In that it was mentioned, and perhaps I unintentionally mis- led someone, I would only like to take a moment to state the newspaper reporters did communicate with me and I did respond to their questions, but I have no way of controlling what they do or do not write, and the only matter discussed was the matter of the land use and the zoning. I refuse6_-tb7ianswer any questions on the Tract Map, even though I might have, even though this was not an official hearing matter. My comment about the land useyasiI recall, wasn't that the man was entitled to his profits, because I really don't believe anybody is entitled by right to his profits, I intended to indicate only that as a person paying taxes on a certain land use for many years, he was entitled to develop the land on that basis and that of course is a matter of opinion. During my entire career on the West Covina Council and before that time, I have almost consistently opposed the rezoning of any land from residential use to apartment use in the City of.West Covina, and I stand on that record. That has been very consistent and very pronounced. I have also voted almost consistently to oppose any change of residential zone from residential purposes into commercial purposes. And I think the record reflects that. So far as the public statement I made about the zoning that lies on the land and the length of years, I will stand by that. That is what I believe, even though that is not &reissue here tonight, but it was raised. I feel I want to respond in that sense. It is a matter of personal philosphy that as I would protect the single family residents from change of zone to other zoning after they bought there, I would follow the same logic and apply to this circumstance. But that doesn't at all change or diminish the feeling I have that the Council has a very strong obligation to do everything it possibly can to protect the single family property that does bear in the general area with this type of development. I am not at all sure that the recommendations of the .Fire Department are so essential in terms of providing these various streets and roads. The Council hasn't had the benefit of any discussion from our .Fire Chief or others in this area. I am sure this did go on before the Planning Commission, but I was not there. For myself, I would say, that I am not prepared to approve this tract map here because I also feel that it is• a reasonable request on the part of the residents in the upper areas that they not be creating a filter areafor people to run back and forth. We have many areas in our City that have been essentially and carefully zoned to create pockets and cul-de-sacs for one way areas and we have always been able to serve them adequately for fire and police protection and I really see no reason why we suddenly must open up one of our finest residential areas to the type of through traffic that would accrue. So for myself I would like to turn this back to staff and that we relook at the traffic circulation pattern. Additionally, the applicant has come in here tonight and for some reason or other there has been no firming up of this matter of the dedication of the land for parks or dedication of fees in lieu of that. No one has said to us we either agree or can't agree. Apparently this matter has not proceeded at the applicant and staff level to the point yet where even the Council is in a position to resolve any decision, So in terms of that, again I don't think Council can make a final decision. I note that the people are sitting here in the audience and saying - oh no, not again, not another 2 weeks or 4 weeks - but all I can say is that I won't approve this Tract Map the way it .is and I will not claim the responsibility for not being able to approve it on the basis that - 26 CITY COUNCIL 3/22/71 PLAN. COM.: TT NO. 29126 Page Twenty-seven it allows too much free circulation in the whole area and does not provide for us-, in advance as to how the park dedication .is going to occur. Councilman Shearer: I felt this way since I first saw this Tract Map. If I were to rely strictly on my back- ground and education in the field of Engineering, sort of a cookbook theory, yes)I would say definitely Hillward Drive should be put through, South Hills Drive possibly not. However, I think sometimes the text book solution to things neglects the human element and I think the human element is a very ,important aspect. I would also like to see a solution to this pro- blem worked out® The park goes without saying, I wouldn't approve it even if I were in favor of the street plan, with something dangling. A solution worked out whereby the area above and below can both be served. We may talk about fire protection but I think if Mr. Brutoco would so choose not to develop this for another 15 years we would have in fact cul-de�.saccd'.d streets - Hillward and South Hills Drive and the police and fire would get in there someway, the way they have been getting in there since the property was first developed. So I would like to see an attempt made to solve this problem. One other comment, I came across it in one of the previous hearings of the Planning Commission, having to do with the name of a street. This may seem to be a small point but I have jotted down on my map here the word "Gay Court° The reason for that is the neighboring City of Laverne recently had quite a controversy over the name of the street; perhaps when the name Gay Court was applied things like gay liberation and such things were not quite in style, so I would suggest that the developer consider changing the name of the street "Aroma'"Drive °" - think of what it might sound like in the years to come® I am not prepared to decide. this at this time, not until these problems have been solved, and I think the circulation is probably as big as the park problem. Councilman Young: Mr. Mayor, if you can bear with me - I think one more meeting like this and I can.communicate orally again, which may be to your sorrow, I don't know. In any event I think the proposal for extending Hillward Drive and South Hills Drive and Donna Beth - as much as anything would be to provide access to the commercial Zone for the 'residents that reside above. I think this has been an unspoken objective and I think it should be out in the open if it is an objective. The p�position I have heard has gone principally to the extension of these streets. Zoning has been secondary. I am not prepared to support this plan tonight, I think that this area could be properly developed and still insulated from the single family residences above, and I hope planning can work that out, Mayor Chappell-: I. know we are not going to solve anything this evening. There are two areas I would like to have a plan or alternative brought back to Council. First of all) the feasibility of cul-de-saccing these streets and not just because I live in this area because I think I would feel that way if I didn't, but if it is possible and if we can live with it and if this development will not be thrown out of kilter by cul-de-saying. I think some sort of Alternnz:te should be brought back to Council. Not only am I concerned with this particular phase of the proposal but I am also concerned with the facilities we now have in existence in this area, the two little league fields which are providing recreation for some two hundred and seventy young boys, and managers and coaches, if they get any recreation out of,it, but I do want to get the answer to that/too/before we firm this up. I think it is a must as far as our program for youth, that we develop that area and get that solved and also take a look at a second drawing of the cul-de-sacs -qg-- of the streets. I haven't seen the Fire Depart- ment report. I. have heard it alluded too, that the Fire Department - 27 CITY COUNCIL 3/22/71 PLAN. COM.: TT NO. 29126 Page Twenty-eight perhaps feels they cannot do their job without this opening, but as Councilman Shearer pointed out they are doing it now and I hope adequately, no one has called up claiming that our Fire Department or Police Department are not adequately covering that area, so I think perhaps using the same streets 5 years from today will be just as good as the streets they are using today. We could say to you that you bought that property and you should have had your eyes open, but you are living here now and you are :.part of our community. I really feel there is an obligation to look after your interests too, but also an obligation to look after the whole city's interests and that comes first, local areas second, unless you live in the area then you can't agree with it. That is my feeling✓ Mr. Aiassa, and you have heard the opinion of the five Councilmen speak on what they would like to have looked over on this. Can we have a motion to send back to the Planning Department? Councilman Youngs So moved by Councilman Lloyd, seconded by Mayor Chappell: We will keep the citizens in the audience notified but not formally. Word will be sent to you and you can get out another one of your circulars announcing the date for the consideration of this item. Motion carried. THE CHAIR CALLED A RECESS AT 10:40 P.M. COUNCIL RECONVENED AT 10:50 P.M. Councilman Lloyd: Mr. Mayor, one further point. I just wanted to make the point with regards to the, property we were just discussing, that the two issues that I still think should be covered is some satisfaction on the 30" pipe as opposed to the 76" pipe and the other item was an agreement prior to coming back here, by stafflon what we can or cannot do,- in regards to the recreation areas in connection with the park land. I think this should be indicated to staff. "I see some people in the audience nodding their heads affirmatively. (Council agreed.) RECREATION & PARKS COMMISSION REVIEW SUMMARY OF ACTION Motion by Councilman Shearer, seconded by MARCH 9, 1971. Councilman Lloyd and carried, receiving and filing summary of action of March 9, 1971. PRELIMINARY APPROVAL OF Couticilman.Shearer: Mr. Mayor - I *see SUMMER RECREATION & since Mr, Stevens POOL BUDGETS FOR 1971-72. and Mr. Yamate have both signed this I guess my question is why then the deletion of the $2500. if they signed it unless it was under duress and I don't think we operate that way. Briefly, what is the difference between the $2500.00 that has been deleted and the amount asked for? What did that propose to do that will not now be done? Mr. Aiassa: We are going to reevaluate the amount of jobs and positions that will take place in the Summer Program. In our preliminary evaluation looking at 1966-67 to 1971.-72 we have an increase of $6,000 in the summer program. So I put my Controller and my Administrative Assistant checking on it and advised them that the austerity of the '71-72 budget was quite obvious and we might as well start tempering the operation now so it won't be such a drastic task when we get into the budget sessions. Councilman Shearer: So there was no specific major item deleted? CITY. CQU.NCIL 3/22/71 Page Twenty-nine REC.&.PKS.: Preliminary Approval of Budget Mr. Aiassa: Mostly in salaries. The one area that will take some reduction is probably the Pool area and also the recreation area such as leaders in the various play areas and also they were a little high on the assistants. Mayor Chappell: We are cutting down from 23 playgrounds to 18 and that is probably part of the savings. Mr. Aiassa: Yes/and I would suggest that we adopt the figure as shown here $46,966 and see what we come out with and if they need more money this can be brought up to the attention of staff and Council when we finalize our budget and give final approval on the Summer .Program. But with this I will be allowing them to recruit, at least to the $46,966 figure and there is still no assurance that we will go for the full amount because the Summer Program doesn't start until the first of June but they have to have funds established in order to recruit in time for the start of the Summer Program. Motion by Councilman Shearer, seconded by Councilman Nichols, that the Summer Recreatibn!"Program budget for 1971-72 in the amount of $46,966 and the Pool budget of $10,366 be tentatively approved. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None PERSONNEL BOARD SELECTION OF SALARY Mr. Aiassa: You have a recommendation from CONSULTANT the Personnel Board. I also had the opportunity to meet Mr. Marityns and his associate and we have agreed with the outline pro- posed. We had a long meeting with Mr. Maxtyns ,relating to him some of our general problems and I am also stipulating in the contract the condition that we can retain him on an hourly basis if there is a need for additional negotiations such as collective bargaining or special analysis regarding fire or police issues. We did this with Mr. Gold and these were brought to the attention of the consultant. Otherwise we are going for the low bidder. We checked the consultant out with some of the cities that they have done work for and they seem to be satisfied. We would like to proceed with the recommenda- tion of the Personnel Board and have staff proceed in the amount of $1940.00. Councilman Young: What amount is available in the present budget? Mr. Aiassa: A little over $4,000. Motion by Councilman Young, seconded by Councilman Lloyd, approving the recommendation.:" - . Councilman Shearer: Mr. Mayor, a comment. I was present at the time the four applicants appeared before the Board and foi whatever it is worth I was quite favorably impressed with two, I was so-so impressed with one, and one left me quite cold. The acceptance of this is of one of the two that impressed me quite favorably. Councilman Nichols. Mayor and Councilmen, the matter of studies by the salary consultant are an area of consider- able sensitivity and evidently becoming .more SO. I think there is an oversight in the recommendation, and not an intentional one at all but one that should be corrected by Council, and that is to make the additional studies that may be undertaken subject to Council approval and the recommendation of the Personnel Board. The recommendation as stated here only states that further - 29 - CITY COUNCIL 3/22/71 Page Thirty PERS. BD.: Selection of Salary Consultant studies at that rate could be authorized by staff and the Personnel Board. I feel the. Council should audit these matters routinely and I am sure Mr. Aiassa will have no objection at all to a second motion that I would offer after the vote that the earlier action be subject to Council review. Mr. Aiassa: I think t�ere is a provision here that the Personnel Board cannot authorize expenditure of funds and it will still have to come to the Council for approval. Councilman Nichols: Ye�, but the funds could already have been committed and agreed upon. I feel the official motion should reveal the intent of Council for review of additional studies. Motion failed on roll call vote as follows: AYES: None NOES: Councilman Shearer, Nichols, Young, Lloyd, Oyappel;.l._r . ABSENT: None Motion by Councilman Nichols, seconded by Councilman Young, to approve the recommendation with the insertion "subject to the approval of the City Council following the recommendation of the Personnel Boards'; Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, -Youncj, 'Lloyd, Oha,ppell.; NOES: None ABSENT: None ORAL COMMUNICATIONS Mike Lewis My first remark I would like to address to 816 Gaybar Mr. Shearer. I do live on Gaybar and I am not West Covina so sensitive that I would request that the street name be changed. My primary concern with addressing you tonight is with item Number 2 in the Traffic Committee minutes which will come up later on your agenda. As per my request, I sent a letter to the City Council and at the last meeting you sent it on to the Traffic Committee. I met personally with the Traffic Committee and I would like to say that I think Mr Thomas should be commended. He did a very admirable job in documenting the agenda, it is very heavy and two of these together you would have a paper drive. I would like to urge you to approve the recommendations for the cross- walks and I feel it is very necessary that the corrections be made in that I don't feel there is a big cost involved in repainting the crosswalks and adding the discs for the signs. I would urge you to approve the Traffic Committee recommendations. Thank you. WRITTEN COMMUNICATIONS LOS ANGELES MEMORIAL COLISEUM COMMISSION •TRIBUTE TO WM. H. NICHOLAS, GENERAL MANAGER PARENT TEACHER ASSOCIATION MONTE VISTA SCHOOL re. TRAFFIC CONTROL & PEDESTRIAN SAFETY AT WEST.COVI.NA SCHOOL CROSSINGS PARENT TEACHER ASSOCIATION MONTE VISTA SCHOOL rem "The Head". 616 S. Sunset Ave., Motion by Councilman Young and seconded by Councilman Shearer to receive and file. Motion carried. Motion by Councilman Shearer, seconded by Councilman Young and carried, referring to Traffic Committee. Motion by Councilman Young, seconded by Councilman Shearer, and carried, referring to City Attorney and staff. - 30 - CITY COUNCIL 3/22/71 WRITTEN COMMUNICATIONS Page Thirty-one ROBERT BROADWELL Motion by Councilman Young 25 CAMPANA FLORES DRIVE .re. referring to staff. PARKING FACILITIES FOR STATE H.E.W. BLDG., AT Councilman Young: I have had GLENDORA & VINE calls from other business- men in that area and apparently it is a very critical problem, Mr. Mayor. Mayor Chappell: Yes, in fact I took a tour not too long ago and you can't believe the amount of people that are parking in the shopping area. How soon can you come back with the report, Mr. Aiassa? Mr. Aiassa: We will try for April 12th, Mr. Mayor. Seconded by Councilman Shearer, and carried. B.K.K. COMPANY Mr. Aiassa: This report regarding Calorific INVESTIGATION REPORT and Chemical Malfunctions at West Covina Sanitary Landfill site is just to keep the Council posted. Motion by Councilman Young, seconded by Councilman Shearer and carried, to receive and file. PETITION BEARING 49 SIGNATURES and LETTERS FROM: Mrs. James S. Lorenzo Mrs. David H. Wallace Rufus W. Webb, Jr. Mrs. Sharon Grieshaber Gertrude M.elden Mrso W. W. Kirk MRS. WILLIAM A. GUZZARDO 1440 QUEEN SUMMIT DRIVE re. OPENING OF SOUTH HILLS DRIVE RE: PROTEST INCREASE IN RATE FOR WEST COVINA DISPOSAL COMPANY Motion by Councilman Young, seconded by Councilman Shearer, and carried, refer.re.d., to staff. Mr. Aiassa: I would suggest that this be referred. to the Planning Department. Motion by Councilman Young, seconded by Councilman Shearer and carried, $;o- re.fer. to the .Planning Department. WEST COVINA .DISPOSAL Motion by Councilman Shearer, seconded by COMPANY Councilman Nichols and carried, referring this letter withdrawing rate increase request to the City Attorney°s agenda Item H-8. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNIC IPAL_. CODE SO AS TO REZONE CERTAIN PREMISES. .(Zone Change is Application No. 451 - William Barnes.)" Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance, Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, introducing said Ordinance. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING..'THE .WEST COVINA MUNICIPAL..CODE SO -AS TOs REZONE -CER.TAIN. _...,: PREMI$ES'._.(Zone_:Change Application. No. 442 Maurice ;Zebker.') ° 3T` CITY COUNCIL" 3/22/71 Page Thirty-two CITY ATTORNEY. Ordinance Introduction Mayor Chappell: Hearing no objection waive further reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Lloyd and • carried, introducing said Ordinance. ORDINANCE The City Attorney presented. INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING SECTIONS 8200, 8201, 8202 AND 8203 OF AND ADDING SECTIONS 8200, 8201, 8202 AND 8203 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE RELOCATION OF BUILDINGS AND STRUCTURES." Mr.%Wakefield: Just a word of explanation. This is the Ordinance that incorporates in the West Covina Municipal Code those changes recommended by the Ad Hoc Committee on residential movemons. The draft of the Ordinance was submitted to the Committee two weeks ago. The Committee suggested some changes to bring into conformity with their intention and those changes have been made. Essentially the Ordinance incorporates those controls recommended by the Committee as to those buildings which are to be moved onto the residentially zoned areas within the City. If there are any additional questions /I would be glad to answer theme Councilman Shearer: A question, I believe when we reviewed this before there was some indication in the report regarding an additional fee based on the lineal, distance in which the move was to take place on city streets. I notice that is not in here. I was wondering if that was intentionally left out? Mr. Wakefield. No, Councilman Shearer, there is a fee already in the Code based on the distance the building is to be moved. That fee is applicable to any move, whether it happens to be a residential structure or commercial. We did provide for an additional fee applicable specifically to buildings to be moved into residential zones but the general fee applicable to all buildings that are to be moved based on distance is simply retained in the existing ordinance. Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance. Motion by Councilman Shearer„ seconded by Councilman Young and carried, to introduce said Ordinance. ORDINANCE NO. 1160 The City Attorney presented:, ADOPTED "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 objection waive further reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT-. None RESOLUTION NO, 4327 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 599 AS AMENDED. (Maurice Zebker)" 32 CITY COUNCIL 3/22/71 Page Thirty-three CITY ATTORNEY: RES, #4327 Mayor Chappell: Hearing no objection waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to a.dbpt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell. NOES: None ABSENT: None RESOLUTION NO. 4328 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 607 (William Barnes)." Mayor Chappell: Hearing no objection waive further reading of the body of said Resolution. Mb.:tion by. Councilman Shearer, 'seconded by Councilman Young, to adopt said -Resolution. Motion carried on roll call vote as follows: AYES,:.. Councilmen- Nichols, Young, Lloyd, Chappell '.`-NOEB'i. None ABSENT: None RESOLUTION NO. 432.9 The City Attorney presented: ".ADOP:TED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING THE YOUTH ADVISORY COMMISSION. Mr. Wakefield: I was advised this evening that there were some changes that needed to be made in Sections 5 and 6 on Page 2 of the Resolution as originally submitted to you. These changes would vest the authority to make appointments to the Youth Authority exclusively in the City Council after the initial appointments had been made upon the recommendation of the Advisory Commission. So the effect of the changes would be to change the last section in Section 5 to read "thereafter all appointments to the Commission shall be made by the City Council" and to delete the last sentence in Section 6 that starts out "in the event a vacancy occurs, etc.". Councilman Young: Of course,that has the effect of eliminating applications for appointment at all, doesn't it? Mr. Wakefield: Yes, it would. Councilman Shearer: Was the question - would that eliminate applications? Mr. Wakefield: Yes, that was Councilman Young's question. It would be as I would view it, the same kind of a situatiX that you have now that occurs in any other vacancy on a Board or Commission. The Council adopts its own procedure for selecting the person to be appointed. This would 10 be no different. If you desire to ask that applications be submitted for your consideration that can be included in the resolution. Councilman Shearer: It would still be our prerogative to ask for applications. Mr. Aiassa: Yes. We talked to Mr. Rhiner and I explained to him that the Council had pretty well established the procedure for making appoint- ments to the various Commissions. I do think this is a prerogative that should be reserved for Council only. Councilman Shearer: We would still be at liberty to ask the Youth Commission to submit? (Answer: Yes.) - 33 - • CITY COUNCIL 3/22/71 Page Thirty-four CITY ATTORNEY: Res. No. 4329 Mr. Aiassa: Yes, but you would have the power to accept or deny, whereas otherwise if you had an outsider that wanted to join you would have to go through the procedure of going through the Commission. Mayor Chappell: Hearing no further objections waive reading of the body of said Resolution. Councilman Young: I believe in Section 6 the City Attorney was making a change? Mr. Wakefield: Yes the last sentence of Section 6 would be deleted. That simply refers to the filling of a vacancy and it would be adequately taken care of by the change made in Section 5. Motion by Councilman Shearer, seconded by Councilman Lloyd,to.a;do.p.t; said Resolution. Motion carried on roll call. vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, :Chappel.l. NOES: None ABSENT: None BURKE, WILLIAMS & SORENSEN Mr. Wakefield: Pursuant to your LETTERS TO WEST COVINA instructions at DISPOSAL COMPANY re your last meeting AGREEMENT WITH CITY I did address two letters to the West Covina Disposal Company. The first letterdealt with certain specific violations. The second letter related to a provision in the agreement which provides in substance that every 2 years at the request of either party changes may be proposed for the agreement. These changes that were included in my letter were based mainly upon the comments made by the members of the City Council at the time the matter was under considera- tion and were .intended to simply leave it in the hands of the City Council to decide what further steps might be taken in connection with the negotiations in the agreement. The changes which were proposed was a change relating to the elimination of certain service areas within the City from the terms of the agreement; another change related to the establishment of a specific procedure for handling complaints by the company, so those complaints could be reviewed and a settlement arrived at as quickly as possible rather than letting time go by and the complaint multiply without receiving any specific intention. These are simply suggestions. It will be up to City Council to decide whether or not you wish us to seek to negotiate changes in the contract to accomplish any one or all of those changes. The Company is, I am informed by their attorney, in the process of attempting to satisfy the specific violations of the con- tract that were called to the Company's attention. In the first letter, the bond required, has been posted and the Company is apparently making an effort to solve the remaining problems which. are primarily related to the service which is provided by the Company. The attorney for the Company has asked for the opportunity to meet with me tomorrow and review the specific steps which the Company has taken thus far to overcome the violations which were called to the Company's attention. After that meeting I will of course report back to the City Council and the City Manager what steps have been taken. I don't think either letter requires any action on your part this evening unless you would care to give me some further instructions with reference to the matters. Councilman Young: It would appear to me that the City Attorney has adroitly and thoroughly followed through with the Council°s intent. I suggest that we receive this information and encourage his further actions as he has set out to do. 34 - CITY COUNCIL 3/22/71 Page Thirty-five CITY ATTORNEY: West Covina Disposal - letters Seconded by Councilman Nichols and carried. SUBURBAN_WATER SYSTEMS Mr. Wakefield: Mr. Mayor and members of _ AGREEMENT.._. Council, if I. may be permitted to take up this item I would be happy to do so. (Permission granted to add to the agenda.) There is some urgency about it, simply because we have a trial date in the latter part of April set on the action brought to enforce the Harbert agreement. I have been attempting to negotiate a settlement of that action on the basis of the plan I outlined to you about four weeks ago. I finally have reached an agreement with the Suburban Water Systems and their attorney, insofar as their part of the settlement is concerned. This involves a proposed agreement between the Company and the City underwhich the Company would agree to supply water for us at Cortez Park at 9®7�- per cubic foot rate, which we had originally discussed and which represents Suburban's cost. The agreement will not be effective until Suburban has filed what the rules and regulations of the PUC describe as a Consent Letter, to which is attached a copy of the agreement. The PUC instead of setting a rate simply consents to the carrying out of the agreement by the Water Company. This would represent then the first phase of the settlement. I hope to have ready to present to you at your next meeting a settlement agree- ment with respect to the litigation itself between June White and the Garnier Construction Company and the City. That will simply .relate to the dismissal of the pending action. Each party to bear their own costs up to the present time and will provide for the holding in abeyance of the City's.right to enforce the Harper agreement during the time that Suburban supplies water for Cortez Park at the reduced rate provided for in the agreement with Suburban Water Systems. Mayor Chappell: On Page 3 it says April 16, 1966. Is that an incorrect date? Mr. Wakefield: You are correct, Mr. Mayor. That should be 111996.11 Mr. Aiassa: Mr. Wakefield it appears that according to this agreement we ill pay the current price of Suburban Water until they do the processing through PUC, which could take some considerable time and we have no paragraph limiting the time. I would like to give them a I'D" date, 6 months or a year or whatever Council considers reasonable because then we would have something tangible to go back at, if we find it necessary to do so. I think to protect us so we don't pay the new rate too long, that we should give them a time date in which to make the appeal to .PUC Mr. Wakefield: Mr. Mayor and members of Council, paragraph 1 of the agreement on .Page 2 starts out simply by saying "upon the execution of this agreement Suburban agrees to filing an advice letter to the PUC.°° The advice letter is a much Mare direct means of accomplishing the objective than the application of Suburban for a supplemental tariff. I have discussed the problem of filing the letter promptly with Mr. Ackerman and Mr. Garnier and I have the impression that it is their intention to file the letter immediately upon the execution of the agreement. It may be several weeks before there is any indication from the PUC as to whether they authorize the supplying of the water at the reduced rate, but that is a matter over which neither the City nor Suburban has any real control. If the City Manager or Council desire to put a time limit in the agreement specifying the time within which the advice letter should be filed I am sure Suburban will have no objections. B �, 35 CITY COUNCIL 3/22/71 Page Thirty-six CITY ATTORNEY: Suburban Water Agreement Councilman Young: Mr. Mayor, it seems to me the point raised by Mr. Aiassa is covered in this paragraph i, because the agreement is that upon. filing the letter the water will be delivered at that price,, isn't that correct? Mr. Wakefield: Yes, Councilman Young. Councilman Young: I don't know what else you could do except underline it twice which would emphasize it more, but that is about all you could do. Mr. Aiassa: The point is we will be paying the current water price that Suburban is now providing. Mr. Wakefield has pointed out that the flat rate of 9.7(,' will not become effective until PUC approves it. Councilman Young: Yes but this would be a re.tro•-active thing, wou7dnit it? Mr. Wakefield: The rate is to become effective upon the filing of the advice letter. We have had a number of discussions with the Suburban people about whether or not the PUC actually formally replies to the advice letter or whether they do.not, and I don't think either of us are sure about that. I do expect that they will either say 89yesf go ahead0e or "no, don't go ahead" but the intention of the agreement is that the rate will be effective when the advice letter is filed and from that time on the City will be entitled to the reduced rate unless the PUC specifically disapproves it, which I think is doubtfulo Councilman Young: It is actually covered in the first sentence of paragraph 2. Mr. Aiassa: Well, the point is I would like to see the PUC review it as soon as possible! that they file the letter immediately so we don't have a lapse of too much time in which we are paying the increased rate. Councilman Young: That's what the agreement says. "Upon the execution of the agreement...." so they are obligated to do it immediately. I think if we monkey around with it anymore we are just making the Attorney°s job harder for no reason. Mr. Aiassa: I would like to make this one point to Council, before you approve this agreement, that I am not going to play baseball with Suburban and that we may be passing something that doesn't have enough teeth in it. I would just like to see some teeth but in this agreement. Mayor Chappell: Mr. Wakefield, do you want to hold this up and put some teeth in it? Mr. Wakefield: As I indicated the only urgency abotit'this is the fact that I hope we may consummate the settlement with, June White in time to submit a settlement agreement to you at the next regular Council meeting. If you propose to adjourn this meeting to a time certain rnct weekl for example, I am sure we can add whatever language will satisfy Mr. Aiassa and you may consider it at that meeting. Councilman Shearer: Don°t we have some teeth in Item 3 - that if they delay delivery - also with Item 1 we tell them that you can't get to the water well. It seems to me the teeth are there. Mr. Aiassa: We have held that over their head now for 7 months... 36 e. CITY COUNCIL 3/22/71 Page Thirty-seven CITY ATTORNEY: Suburban Water Agreement Councilman Young: I deplore taking issue with the City Manager and I don't think I ever have, but I think this has plenty of teeth in it just like .it is written. The prompt execution of agreement means exactly that to me. If it is signed tomorrow the .letter goes out tomorrow, that is what it says. Councilman Nichols: Mr. Aiassa°s pique is historically based and I appreciate it, but I think we myst all, including Mr. Aiassa, accept the Attorneys consensus, that this is an adequate document. The actuality is that our problem today is not the matter of agreements and teeth but the matter of honorable approach to agreements drafted in the past, and I don't think anything we can draft will necessarily enforce our rights to anything. All they have to do is refuse to honor any agreement and we end up in litigation, so good faith has to be a part of it and in that framework I think we have all that we can provide. I move that the Council approve the agreement and authorize the Mayor and City Clerk to execute it. Seconded by Councilman Shearer. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.ppehl NOES: None ABSENT: None Mr. Aiassa: I would like to advise the Council that I didn't get a chance to review the agreement. This was added to the regular agenda. Councilman Nichols: Mr. Mayor it was rather late for the City Manager t/o make the statement he hasn't reviewed after it has been discussed for 5 minutes. Mr. Aiassa: I reviewed the Ordinance and the matter but not with the City Attorney per se. Councilman Nichols: Well, why didn't you say so? Mr. Aiassa: Well he is anxious to settle the case. Councilman Young: Mr. /Mayor, not to belabor the point but Suburban has a golden opportunity to make points with freshmen councilmen here. Mayor Chappell: CITY MANAGER LAMPMAN & ASSOCIATES STATEMENT AYES: Councilmen NOES: None ABSENT: None WILLIAMS & MOCINE STATEMENT (C.B..D.) AYES: Councilmen NOES: None ABSENT: None REQUEST TO PREPARE AGREEMENT WITH FRANK SATA CIVIC CENTER PARKING STRUCTURE Well )let that word get over to them. Motion by Councilman Nichols, seconded by Councilman Lloyd, that payment be authorized in the amount of $63.00. Motion carried on roll call vote as follows: Shearer, Nichols, Young, Lloyd, Chappell-— Motion by Councilman Lloyd, seconded by Councilman Young, approving payment in the amount of $2,88.1.00. Motion carried on roll. call vote as follows: Shearer, Nichols, Young, Lloyd, Chappell Mr. Aiassa: The Council had the bene- fit of the presentation by Mr. Sata at the adjourned meeting. ® 37 - r CITY COUNCIL 3/22/71 CITY MANAGER: Agreement with Frank Sata Page Thirty-eight I would like to have Council authorize that we immediately go into agreement with Mr. Sata for architectural services for the final plans and specifications as per the presentation to Council. So moved by Councilman Lloyd. Councilman Nichols: A point of order, Mr. Mayor. Council has already authorized this. I don't know why we are again authorizing it tonight® At our last meeting we authorized you to prepare an agreement and this recommendation simply says it is not ready yet and you would like to have it held over to April 12th. Mr. Aiassa: Well/ I wanted it confirmed because that was an adjourned meeting but if you feel the action taken at the adjourned meeting was sufficient I am satisfied and we will carry it over to the meeting of April 12th. Councilman Lloyd: I don't understand what the difference is between an adjourned meeting and a regular meeting - isn°t a motion properly made, seconded and adopted, adequate? Mr. Aiassa: For one reason we had considerable discussion at the presentation of several phases of the parking structure. The particular thing we want to do now is go into the detailed design as selected by Council. Councilman Lloyd: Didn't we do ,that? Mr. Aiassa: I haven't seen the minutes, so I don't know. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to carry over to the April 12th meeting. LAND EXCHANGE WITH: Mr. Aiassa-. This matter has been discussed COUNTY re LIBRARY considerably between the County people and the City and we have formulated a final price of $3.00 as agreed upon by the real estate appraisal evaluation® The City°s land to the County is 3885'square feet; County land to the City is 202.1 square feet; the County pays to the City 1864 square feet and it is recommended that the City Council approve the agreement for the land exchange as presented by the City Attorney and authorize the Mayor and City Clerk to execute same. Councilman Shearer. AYES: Councilmen NOES: None ABSENT: None TRAFFIC COMMITTEE MINUTES March 16, 1971 So moved by Councilman .Lloyd, seconded by Motion carried on roll call vote as follows: Shearer, Nichols, Young, Lloyd, Chappell. Councilman Shearer: I would be ready to make a motion accepting all recommendations as stated in the Traffic Committee report of March 16, 1971. Councilman Nichols: Mr. Mayor, I have an observation I wanted to make. Page 2, regarding the recommendations on enforcement of the speed limit and the use of the radar under r_ecommendations.on Page 1, 2 and 3. I would like to have a report on what days of the week, and what hours they will be on that parti- cular street to work the crosswalks? If this is the recommendation which we are acting on we are entitled to know if it will be worked CITY COUNCIL 3/22/71 Page Thirty-nine CITY MANAGER: Traffic Como Minutes 3/16/71 for an hour or two the first week and that is the end of the show, or whether we are going to get regular and ongoing radar treatment to stop that speeding by the high school students on that street. That is the only way it is going to be stopped. In keeping with my • comments at an earlier Council meeting it is only giving lip service to the citizenry if we adopt recommendations of this nature and then it results in a unit pulling in for an hour once every week or two or coming back a month later. It does nothing to solve the problem. Councilman Young: Mr. Mayor, I think that Councilman Nichols is certainly correct in the position he takes, except in this particular point, I think it would be too great a burden on the police force to require this, because of all the other demands we are making for radar enforcement. It would appear that we are providing them with only one radar unit that is functional at this time. Councilman Nichols: No sir, Councilman Young, you misunderstand the nature of my question. I would like to reiterate. The Council after a long hassle is adopting recommendations and the recommendations are that selective enforcement of the speed limit be provided through the use of radar equipments This radar infers to the many concerned people that there is going to be radar units enforcing the speed limit. If we are not capable in. fact of doing that we should be able to place ourselves in the position of knowing that. I don't want the public coming to me, as a Councilman, 2 or 3 weeks hence and saying where are the radar units, and if they come back and say they can give you an hour a week or two or nothing, I as a Councilman will accept that on the basis of an informational item. I only want to be told when we act on this recommendation/ which is a staff recommendation. what does staff mean? I am not going to ask for more than they are prepared to give, but I want us to be realistic and honorable when we'sey-to our people we are going to enforce this with radar ® - are we meaning an hour a day or a month or everyday at the critical time, or what do we mean? Councilman Young: My preference would be a monthly report on the locations of the uses of radar, times, etc., more or less a report from the Policeman's log and then if we have complaints on what has been donein the previous month we could enforce them. I hate to tie them down to advance commitments because I think their work requires -flexibility. Councilman Nichols: Again, Councilman Young, I would not take issue with you and if another device - a report, is given to us telling us how it is used, etc., this is fine, but we still have a staff recommendation that states to solve the problem we are going to use radar at a specific location. It is not the Council directing this. Councilman. Nichols didn't come in and say - I want radar on that streets This is a staff recommendation that they will. and are going to put radar there and all I am asking is a statement - if you are, then how diten and when are you? If they say we don't know exactly, that's fine. But • I still feel it is a reasonable thing to respond to a staff statement that they are going to do something to say well what are your inten- tions in that area? If they say, just when we get around to it, then I will know that. I happen to be involved as a citizen, I have to go back to my school now and say the City is going to put radar there again, and then they will say, well/ when and how much? And I have to say I don't know. And then a month later we have the whole delegation of mothers again up here saying we haven't seen the answer. So I would like a little better answer then that, for my own protection if nothing else. I don't mean to belabor the issue but for several months I have attempted to stay out of this and be very reasonable and not use any additional action on this matter because it is close to my professional career, but I don't think the answer tells me enough that I can go back and take that answer with - 39 CITY COUNCIL 3/22/71 Page Forty CITY MANAGER: Traffic Com. Minutes 3/16/71 me. If it is told to me to wait a month, I will wait. But at some point we should get some answers. • Mr. Aiassa: We will provide, as soon as we get authorization on Item number 6'on the agenda, the Council in 2 weeks with a report on the areas the units will be operating in' as soon as the equipment is installed and will also specify the assigned time. Councilman Nichols: I withdraw my request because it has been offensive but I am going to scream if I don't hear about it. Mr. Aiassa: Well we don't have a radar unit at present that is in proper working order. Motion by Councilman Shearer, seconded by Councilman Young and carried, to_.approvethe minutes of the Traffic Committee meeting dated March 16, 1971. RADAR SPEED Mr. Aiassa: I would like to have Council ENFORCEMENT authorization for us to negotiate PROGRAM (with the option to purchase) rental equipment for 90 days at a cost of $472.86 which will come from Police Department Account 75-53. We will also work out with Customs Signals, Inc., if we can, a plan whereby the rental amount would apply towards the purchase of the equipment, if we decide to purchase at the end of the trial period® Councilman Young moved approval of the recommendation, seconded by Councilman Shearer. . Councilman Shearer: As far as I am concerned I would like to see the Police Department given carte blanche to use radar wherever they feel it is appropriate. I believe we have approved two or three selected locations in the past and then we found out it wasn't capable of providing the necessary calibration�to be legally enforceable, although the report indicated they were able to stop people and maybe put the fear of God in them. I would like to hear what the other Councilmeris feelings are. Are we going to continue each time --we have a list here of about 19 locations where the Police Department proposes to use it - do we want to say to the Police Department everytime you want to use it some- place other than 1 - through 19 you have to come to the Council and get our okay? I am all for radar and I would like to see them have the authority to have it wherever they want to, Councilman Nichols: Councilman Shearer1I would appreciate a chance to respond. My recollection was that the Council had authorized a trial period with the units because it was new in the City and that we would get some reports and studies back of the experiences we have had, how effective it has been, what the public response was, etc., and that when budget time came around then we would decide whether to expand the program. I don't recall having a report sent back to Council yet, or did I miss it? Mayor Chappell: No, but we haven't had a piece of equipment yet that will do the job. Mr. Aiassa: That is one of the reasons why we haven't pushed radar because it required funds. With the 90 day trial period I hope that we can then consider it in our 1971-72 budget. We want to furriish_-more than one car., depending on how effective it will be. MOM CITY COUNCIL 3/22/71 Page Forty-one CITY MANAGER: RADAR SPEED ENFORCEMENT Councilman Nichols: You indicated you would have some reports for us by budget time, so really I think the . answer is to wait until we get the full report. is Mr. Aiassa: We might branch ourselves out too thin to have any effect. Councilman Shearer: I would agree but I would also assume the Police Department would make that decision. The only thing I am basing my comment on is in the report we have on Page 6 and Page 7, we have 19 specific locations thereby I assume that is what they are talking about in using this rented equipment. Mr. Aiassa: I think at the time this area was proposed they wanted more than one radar unit because one car couldn't cover that much area. Councilman Shearer: That is true. I am not saying these 19 locations should be covered, or should not be covered, all I am saying is tomorrow morning we have a piece of equipment and the Police Chief decides he wants Location No. 20 for some reason and there isn't another Council meeting for 2 weeks, so he has to wait 2 weeks before he can stick a unit over in Location 20. I wouldn't want to see him tied down to 19 specific locations, nor do I want to say you have to cover all 19. He may end up on Durness and Evanwood around the clock. Councilman Nichols: It is not very likely though. Mr. Aiassa: I would suggest that we determine the specific locations at least until after 'a 30 day period of hitting the critical areas, see how far the Chief of Police wants to cover after that time. Councilman Nichols: Councilman Shearer has certain feelings about it and I am sure that they are valid and I am reasonably sure we will all be coming along to that viewpoint - probably you have had some experience or knowledge of this type of equipment which I never have had. Councilman Shearer: No, I have never been picked up. Mayor Chappell: These areas are just the ones we have had complaints; there may be others that come up; and we haven't tied his hands down to this 90 days at all. Councilman Shearer: I just wanted to make sure that the impression wasn't given that they couldn't be used at other locations other than 1. through .19. Mayor Chappell: No.... • Mr. Aiassa: But I don't want the Chief of Police wandering all over the City and not covering the critical areas that we have had complaints on. Councilman Young: I would be reluctant to give carte blanche in this area at this point. We are dealing in areas where the speed is offensive and if we start using radar primarily to raise money by parking it out on Glendora Avenue and stopping everyone that is going 40 miles per hour we are going to be in trouble - Glendora is not an offensive street generally, but the locations specified area - 41 - 0 CITY COUNCIL 3/22/71 Page Forty-two CITY MANAGER: RADAR SPEED ENFORCEMENT Councilman Nichols: Well/we seem to be moving in this direction. We have taken the steps that seem prudent and reasonable and I hope we just keep moving and . that everybody is happy on it. Mr. Aiassa: One further observation. The moment we put this into operation we should let the citizenry know, we are not going to sneak up on them and give citations with radar. A lot of cities post signs stating the City is using radar. Mayor Chappell: Whoever gets a ticket, you will never convince them of that remark. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.ppe(1 ;, ..... ----.- NOE S : None ABSENT: None HELIPORT PROGRESS Motion by Councilman Young, seconded by REPORT Councilman Shearer and carried, to receive and file. POLICY ON Motion by Councilman Young, seconded by RESTRICTION OF Councilman Shearer, and carried, t:o__ a.ppiove the PARKING FOR STREET procedure outlined in the report dated March 19, SWEEPING PURPOSES 1971. CHAMBER OF COMMERCE Motion by Councilman Young, seconded by REQUESTS Councilman Lloyd and carried, tp__ a.ppioye request for use of City Hall grounds. CITY CONTRIBUTION Councilman Young: Mr. Mayor, it seems TO INTERNATIONAL like we can provide FESTIVAL three and four thoua.nd dollars for other purposes and'not_.for some.. Does this denial tell us we don't want to give the Chamber of Commerce $18000 or does it say we are out of funds for all other purposes? Mr. Aiassa: I would remind Council that I was hesitant about giving them the $38,000 at last budget time and we stripped all of our other accounts for community development4to bring the amount up to $38,000 for the Chamber. We are contributing staff time in the way of printing, etc., and will continue this type of assistance as far and as long as we .can. Councilman Shearer: I don't plan to go to the convention in Sacramento in May, so you can have my $125.00 and apply it towards this fund. I also notice in the reports the Chamber indicated that the Sister City is becoming interested. I am wondering if some of their budgeted money - unexpended - could be expended here? To my knowledge the only money expended was the $50.00 for Mr. Beem to go to San Francisco. Mr. Aiassa: We have that consideration under Item 9, regarding Sister City Foundation. The point I was going to recommend under item 9, if the Sister City Board approves it, we will advance $650.00 from their unexpended account, which will leave a little bit in there in case a dignitary should come down and needs to be received. Councilman Shearer: And you have my permission to use the $125.00 Mr. Aiassa: So we would have close to $775.00. - 42 - L. CITY COUNCIL 3,/22/71 Page Forty-three CITY MANAGER: Chamber of Commerce Request Councilman Nichols: And I will not be going to the convention so you may use the $125.00 put aside for that purpose. • Councilman Young: And the money put in that fund for my use for the convention may be used. If I go)I will pay my own way. Mayor Chappell: That puts us pretty close to the amount requested. I think we should get as close as possible to it. This is the first real effort the Chamber has attempted in sometime and we may realize more than this back in additional sales tax money. Let's give this thing assistance and then I am sure we will have assistance from other areas and in the future _,this may be carried on without any expense to our City. It is our City and we are the ones that receive the sales tax money if it is successful and I think we should support it. Councilman Young: Mr. Mayor, I think you meant to say this was the first real effort in this area ofern International Spring Festival© Councilman Lloyd: Then we do have the money is that what you are now telling us,,Mr.- Aiassa? Mr. Aiassa: I am going to try and raise the money by using the Sister City fund and what Councilmen Shearer and Nichols have offered... Councilman Young: Also what I offered. Mr. Aiassa: I will check tomorrow and will phone the Council. Councilman Lloyd: Why can't we go ahead and authorize it now? Motion by Councilman Lloyd that the City Manager work with the Chamber of Commerce regarding funding up to $1,000. such funds from the Sister City account and Council conference account in support of the Spring Fair. Seconded by Councilman Shearer. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell.,:,: .--' NOES: None ABSENT: None ANTI -CRIME COUNCIL Motion by Councilman Young, seconded by REQUEST FOR ENDORSE- Councilman Lloyd and carried, to =refer° _t6 MENT meeting of April 19, 1971. ANNEXATION NO. 215 Mr. Aiassa: This is an added item to the RAY L. ANDERSON agenda with Council permission. You have a staff recommendation. • Motion by Councilman Young, seconded by Councilman Lloyd and carried, to refer: letter from Ray L. Anderson, stating his desire to annex to the City of West Covina, to the Planning Commission for their review and consideration. PUBLIC WORKS ITEMS m Cont°d. AUTHORITY FOR MAYOR AND CITY CLERK TO SIGN LETTER OF UNDERSTANDING WITH SOUTHERN CALIFORNIA FINANCIAL CORP. REGARDING THE IMPROVEMENT OF LARK ELLEN AVENUE NORTHERLY FROM AMAR ROAD (Council reviewed Engineer's report.) Motion by Councilman Shearer, seconded by Councilman Young and carried to accept Engineer's report. - 43 r } CITY COUNCIL 3/22/71 PUBLIC WKS.: IMPROVEMENT TO AMAR ROAD OF LARK ELLEN NORTHERLY Page Forty-four Motion by Councilman Shearer, seconded by Councilman Young and carried, authorizing Mayor and City Clerk to sign Letter of Understanding. ACCEPTANCE OF LOCATION: North Pacific Avenue. RECOMMENDATION OF AD HOC Construction of street improvement con - COMMITTEE ON STREET current with freeway widening on North WIDENING PARTICIPATION Pacific Avenue. (Council reviewed Engineer's POLICY CONCERNING STREET report summarizing Ad Hoc Committee findings.) IMPROVEMENTS Motion by Councilman Young, seconded by Councilman Lloyd and carried, to accept Engineer's report. Motion by Councilman Shearer, seconded by Councilman Nichols, to accept recommendation of Ad Hoc Committee as described in the Engineer's report. :Councilman Shearer: Is the improvement on Pacific Avenue really an integral part of the Freeway Widening or just conveniently happens to be there and we are going to do it? Mr. Zimmerman: It was a small piece beyond the portion City Engineer requested specifically by the Division.of High- ways of about 1001 and rather than leave this small piece we recommended it be included. The Ad Hoc Committee policy suggested, would call,I believe under the type of zoning required,for the property to be given to the City and the improvements to be installed�by the City but on a reimburse- ment basis. Councilman Shearer: Has any contact been made with the property owners to see if they are willing to dedicate the land? Mr. Zimmerman: Yes1some have been contacted within the area of the State°s'"proposal. However, the one. -- beyond the end of that, the most distant one from the Freeway, has not been contacted. There have been no final commitments made. Mayor Chappell: Councilman Nichols and myself sat on the Ad Hoc Committee and we bounced it around pretty hard and this was finally the way we came up with it because there was some other land being purchased with State funds, some with City funds, joint funds, etc., and if we stopped at one specific location one home wouldn't get much and it looked pretty unfair to us that the biggest portion of our citizens would receive money and the other two would be asked to dedicate, so it was a consensus of opinion that we buy it all so it would be fair and equitable to all the landowners in that area. Mr. Aiassa: And Pacific Avenue is going to be a.major street to West Covina Parkway. Councilman Shearer: All right 9but I think the property should be given regardless, but I won't belabor the point. Mr. Aiassa: I agree but we have established a low precedence to the parcels south of the improved area. If we had negotiated the whole parcel jointly taken by: the State and City. (Explained further.) Motion by Councilman Shearer, seconded by Councilman Young and carried M01M .. • n CITY COUNCIL 3/22/71 Page Forty-five CITY MANAGER: IMPROVEMENT OF LARK ELLEN NORTHERLY TO AMAR ROAD authorizing staff to negotiate the acquisition of right-of-way on North Pacific Avenue at unit prices as established by the Harrison R. Baker appraisal for the State freeway widening. CITY CLERK ABC APPLICATION Motion by Councilman Nichols, seconded by Councilman Young and carried, that no protest be filed on ABC application of Hartfield Zodycs Inc, dba Zody°s, at 615 N. Azusa Avenue. CLAIM FOR DAMAGE re POWER FAILURE MRS. WILLIAM A. GUZZARDO 1440 Queen Summit Drive HOLE IN STREET. -WM e S o T I MMONS 10�18 Cortez Street CITY TREASURER'S REPORT Month of February 1971 Motion by Councilman Nichols, seconded by Councilman Lloyd, referring both items to the City Attorney. Councilman Young: Mr. Mayor, I would comment that I will abstain from voting regarding William So Timmons. Motion carried Councilman Young abstain- ing, Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to receive and file. COUNCIL COMMITTEE Councilman Shearer: I have received a REPORTS letter from the Valley Youth Enterprises, Inc., requesting assistance in a project that I question. I don't know if other members of Council received a copy, but I would like staff to make copies so that everyone might see it. Councilman Nichols: I also received a letter. (Staff to make copies and send to Council.) Councilman Lloyd: I have two things. We have the matter of the resolution requested by NIA- sherbrane-r-. I would ask for a motion that vee"come up with a Resolution in support of his -plan or any plan within the realm of reason -in su port of, trans porting eople to and from work reducing the smog level, finless City Manager Uld prefer some other means. Mr. Aiassa: the0�lgysXggorneyttoeda.RwesQlutpion. Direct So moved by Councilman Lloyd, seconded by Councilman Young. Councilman Shearer: Inasmuch, as this matter is currently understudy by some of our people, I will be abstaining from voting. Mayor.'Chappell.:. How far along are they on the study? Councilman Shearer: I really don't know, it is being handled by another Department. Mayor Chappell: I was wonderingjCouncilman Lloyd, you probably know because you had close contact with this gentleman - the RTD has suggested spending in El Monte some seventy million dollars on a busway, would this be in addition to this? Councilman Lloyd: I have no idea. I haven°t had that much con- tact with the man. He called me on the phone - 45 101 CITY COUNCIL 3/22/71 COUNCIL COMMITTEE REPORTS Page Forty-six as a result of a mutual friend. He said this was his idea and he has received fairly good publicity in the Times and elsewhere and what it really is m your resolution is saying yes indeed there is a problem as far as smog is concerned, so let us go forward and seek those things which are both reasonable and practical and that is all it amounts to. Mayor Chappell: Then we are not really enforcing the one line to a bus or anything like that? Councilman Lloyd: No. You are simply saying as far as smog is concerned you are in the middle between motherhood and apple pie, so to speak. Councilman Nichols: I feel about this as much as most of you feel about my crossing guards. I am in favor of it. Motion carried. Councilman Lloyd: We have a resolution which was drafted by staff to be taken by the Ice Hockey Boys' Group that participates in West Covina. As I am sure you are all aware we had the Calgary group here in West Covina as well as the team from Sweden and now they are going north to play in Calgary and this is just a sort of friendship team thing. Mr. Aiassa has offered a city plaque and some paper clips and we have this resolution which can be presented to the Calgary Team by the person from West Covina who goes along. RESOLUTION NO. 4330 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA, CALIFORNIA, COMMENDING THE CITIZENS OF CALGARY, ALBERTA, FOR THEIR INTEREST AND ENCOURAGEMENT OF YOUTH HOCKEY COMPETITION". Motion by Councilman Lloyd,seconded by Councilman Young, to adopt said Resolution and directing that same be perma plaqued if time allows. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None DEMANDS Motion by Councilman Shearer, seconded by Councilman Young, approving demands totalling $285,378.30 as listed on demand sheets C766 through 768. This total includes payroll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Chappell NOES: None ABSENT: None WEST COVINA DISPOSAL Mr. Aiassa: Mr. Mayor)there was a letter attached to the reports from the City Attorney on the West Covina Disposal. I think we should at least acknowledge that letter in the public record, that Mr,, Thorsen has withdrew the request for the rate increase. Mayor Chappell: I believe we did this, but so acknowledge it. ADJOURNMENT: Councilman Lloyd: Mr. Mayor, let the record show that I will not be here next Monday for the adjourned meeting. ,Motion by Councilman Shearer, seconded by Councilman Young and carried,to a.dj6urn the meeting at 12:30 A.M. to March 29, 1971 at 70 30 P.M. ATTEST: APPROVED: CITY CLERK MAYOR - 46