05-10-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
MAY 10, 1971.
The regular meeting of the City Council was called to order at
7:33 P.M. in the West Covina Council Chambers by Mayor Ken Chappell.
The Pledge of Allegiance was recited and the invocation was given by
Reverend Robert F. Condon of the Queen of the Valley Hospital.
ROLL CALL
Present:
Absent:
Others Present:
APPROVAL OF MINUTES
Mayor Chappell® Councilmen Shearer, Nichols,
Young
Councilman Lloyd
George Wakefield, City Attorney
George Aiassa, City Manager
Lela Preston, City Clerk
H. R. Fast, Ass°t. City Manager
Richard Munsell, Planning Director
George Zimmerman, City Engineer
John Lippett, Ass"t. City Engineer
Bert Yamasaki, Ass°t. Planning Director
Ross Nammar, Administrative Assistant
Terry Brandt, Administrative Analyst
April 26, 1971 Councilman Nichols: Mr. Mayor, a correction
on Page 4, comments
attributed to Council-
man Nichols, second sentence, the word "di§satisfa.ction°tshould be
"sat isf act ion" .
Motion by Councilman Young, seconded by Councilman Shearer and
carried, approving minutes as corrected.
Councilman Young: - Mr. Mayor - should the record reflect that
Councilman Lloyd called for this type of
approach with regard to the change in our
agenda. He is not here to take a bow but maybe it will work out
for us.
Mayor Chappell: Yes. (Explained the purpose and the manner
in which the Consent Calendar portion of the
agenda would be handled.)
Councilman Shearer: A question regarding the inclusion of
resolutions in the Consent Calendar. Are
they automatically adopted with a blanket
motion without a reading?
Mr. Wakefield: Mr. Mayor and members of Council, because of
City Attorney a statutory requirement the titles of
each resolution individually must be read, but
they can be adopted on a single motion.
1)COMMUNICATIONS
a)Prime Rib Inn,
1242 E. Garvey Avenue
b)Board of Supervisors
CONSENT CALENDAR
REQUEST to Lease Parking Space
from City. (Refer to City Attorney
and Planning Department.)
Commendation of excellent results
in establishing San Gabriel Valley
Hot Line. (Receive and file.)
CITY COUNCIL 5/10/71 Page Two
CONSENT CALENDAR - Cont°d.
c) American Legion, REQUEST Permission to sell Poppies
Auxiliary Unit No. 790 on May 21 and 22, 1971. (Approve.)
d') Petition Requesting Side- (45 Signatures). (Refer to Engineer -
walks on Forecastle Avenue ing Department.)
e) NBC News Request to (Approve for 90 days.)
Receive Council Agendas,
etc.
2) CONTINUED BUSINESS:
a) Harrison R. Baker and
Associates
b) Palm View Park Master
Plan Approval
3. CLAIM FOR DAMAGES:
a) Claim of Mrs. Shela Denton
1325 South Hills Drive
Appraisal for Cortez Park acquisition.
(Held over from 4/26/71). (Recommended
to hold over to 5/24/71).
(Held over from 4/26/71).(Recommended
to hold over to 5/24/71).
For Damages due to power failure.
Filed with City Clerk on May 3, 1971.
(,Deny and refer to Insurance Carrier.)
4. ABC APPLICATION Confirmation of Chief of Police
recommendation that no protest be made:
a) dba THE ROYAL Applicant: Albert A. Sandow and
181 South Glendora Od6lla J. Sandow
West Covina 91790 21109 Santa Fe Avenue
Long Beach 90810
5. TENTATIVE TRACT MAPS
a) TENTATIVE TRACT NO. 29581 LOCATION: East side of Valinda
BAU.ER-BUILT HOMES Avenue, north of Atnar Road as
approved by Planning Commission
resolution No. 2335 adopted May 5,
1971. City Engineer recommends approvalo
6. FREEWAY WIDENING Approve addendum to exchange agree-
ment with West Covina Hospital for
right-of-way acquisition at the Orange Avenue off -ramp.
LOCATION: Orange Avenue off -ramp
at South Frontage Road.
City Engineer recommends the execution of the addendum to the
exchange agreement for necessary rights -of -way at the subject loca-
tien. Mayan'-andsCity_Clerke to execute said addendum.
7. 1966-71 LIGHTING DISTRICT LOCATION: 1707, 1711, and 1715
REFUND East Workman Avenue.
City Engineer recommends the refund
of $231.35 from the Lighting district funds to the owners of 1707,
1711, and 1715 East Workman Avenue.
8. TRACT NO. 31096 LOCATION: East of Azusa Avenue,.
STREET IMPROVEMENTS south of Amar Road.
DONALD. L. BREN COMPANY City Engineer recommends acceptance
of street improvements and -release
of American Insurance Company's Faithful Performance Bond
No. 7104729 in the amount of $90,000.
9. METES AND BOUNDS 135-227 LOCATION: East side of Citrus
BOND RELEASE Street opposite Cortu-z Park.
JESS SWANSON City Engineer recommends release of
Hartford Accident and Indemnity
Company's Faithful Performance Bond
No. 3292024 in the amount of $2,000.
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CITY COUNCIL 5/10/71 Page Three
CONSENT CALENDAR - .Cont°dd
Motion by Councilman Shearer tp .a.ppr,bve Consent Calendar, Items 1 through
9, as indicated. Seconded by Councilman Nichols and carried on roll
call vote as follows:'
AYES: Councilmen Shearer, Nichols, Young, Ch.-. p�afl�
NOES: None
ABSENT: Councilman Lloyd
RESOLUTIONS FOR ADOPTION The City Clerk presented:
1) RESOLUTION NO. 4352 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING
THE FINAL SUBDIVISION MAP OF TRACT
NO. 30400, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BOND
TO SECURE THE SAME." (Woodside Village - Umark, Inc., and Donald
L. Bren Company.) Prepared and recommended for approval by City
Engineer.
2) RESOLUTION NO. 4353 B1A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA AUTHORIZING
THE EXECUTION OF A GRANT OF EASEMENT
IN FAVOR OF COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES
COUNTY FOR SANITARY SEWER PURPOSES.t1 (Adjacent to Walnut Creek
Wash, through Corporation Yard and Orangewood Park.) Prepared and
recommended for approval by City Engineer.
3) RESOLUTION NO. 4354 'A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE,
UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE
PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING
ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13,
ARTICLE 2, OF THE GOVERNMENT CODE." (Location: Various throughout
the City.) Prepared and recommended for approval by City Engineer.
4) RESOLUTION NO, 4355 11A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
QUIT CLAIM -DEED TO 'SO CAL PROP.ERTIES',. INC:o,,.7IMCI ' INC o,-, AND LMCI-;-
INC., THEIR SUCCESSORS AND ASSIGNS.00 (Macco Annexation No. 212)
Prepared and recommended for approval by City Engineer.
5) RESOLUTION NO. 4356 01A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA APPROVING THE
FINAL SUBDIVISION MAP OF TRACT
NO. 29581, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY
`BONDS TO SECURE THE SAME." (Location: East side of Valinda
Avenue, north of Amar Road). Prepared and recommended for approval
by City Engineer.
Mayor Chappell: Hearing no objections waive further reading
of the body of said Resolutions.
. Motion by Councilman Shearer, seconded by Councilman Young, tola,dopt
the foregoing resolutions. Motion carried on roll call vote as
follows:
AYES: Councilmen Shearer, Nichols, Young, Chappell.._'.;,..
NOES: None
ABSENT: Councilman Lloyd
AWARD OF BIDS
PROJECT MP-125-7013 Bids received in the Office of the
SOMBRA AT MUNICIPAL POOL City Clerk at 10:00 A.M. on April 7,
1971. Council reviewed staff report.
(Held over from April 12 and 26, 1971.) Recommendation: Reject all
bids.
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d'ITY COUNCIL 5/10/71
AWARD OF BIDS: Project No. MP-125-7013
Page Four
Motion by Councilman Young, seconded by Councilman Nichols, to`rejbc,t
all bids.
Councilman Shearer: A question, Mr. Mayor. I notice that this
• has not gone before the Recreation & Parks
Commission. Not to'take anything away from
the Parks Department staff, and I will support this rejection of bid
tonight so as not to cause a delay, but I personally would like to
see items of this type, particularly when it involves the delay of an
item, I would like the comments of the appropriate Commission and nbt
just limiting to this. We have various Commissions and although I am
sure there was no intent of by-passing, in the future I would like
items of this type to have their comments.
Mr. Aiassa: The reason this appeared as it has is be -cause,
as you know, it is a funding problem. It is
a matter of expenditures more than anything
the Recreation & Parks Commission might comment on.
Motion -carried.
PROJECTS NOS. MP-70010 LOCATION: Orange Avenue between
AND MP-71010 Pacific Lane and 850 feet northerly, and
STREET IMPROVEMENTS Orange Avenue between Cameron Avenue
southerly to Garvey Avenue. Als_o.o
Sunkist Avenue from the alley north of North Garvey Avenue to 315 feet
northerly. (Council reviewed Engineer's report.)
Motion by Councilman Shearer, seconded by Councilman Young and carried, to
accept`. Engineer's -report.
Bids received in the Office of the City Clerk at 10:00 A.M. on
May 5, 1971. The City Clerk presented the following bids:
Griffith Co., Los Angeles
Alternate "All $24,.725.05
Crowell & Larson, paldwin Park
Alternate 'd° $24,691.00
3�Torlund Construction, Baldwin Park
Alternate "A°' $24, 982a 95-...
Louis S. Lopez, Glendora
Alternate "A" $250356.90
Aman Brothers, Covina
Alternate "A8° $26,299.89
Sully Miller, Long Beach
Alternate "A°1 $27,155. 95
Alternate "B" $240425.05
Alternate "B"A $24,491.00
Alternate "B" $25,356.90
Alternate "B" $270055.95
Motion by Councilman Shearer, seconded by Councilman Young, and
carried, to accept. Alternate 0°B" bid of Griffith Company of
Los Angeles as presented at the bid opening on May.5, 19710 for Small
City Projects MP 70010 and MP 71010 n,,,and authorize . __ the Mayor and'
City Clerk to execute an agreement with said Griffith Company for the
'work 'to be done -
Motion by Councilman Young, seconded by Councilman Nichols and carried,to
authorize release of the Continential Insurance Company's Faithful
Performance Bond No. BND 170 02 85 in the amount of $1,900.
Councilman Young: Mr. Mayor, I can't resist a comment - if I
may? 1;tiffith Company's alternate "B" bid
is exactly $300, less than alternate "A",
Crowell & Larson°s exactly $200., less than alternate "A", Sully Miller
exactly $100, less than alternate "A8l - the series of coincidences
just amaze me in these round figures. That is all I have to say.
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CITY COUNCIL 5/10/71
AWARD OF -BIDS - Cont ° d.
Page Five '
BID NO. 71-146 LOCATION: Civic Center
MAINTENANCE OF HEATING & Bids received in the Office of the City
AIR CONDITIONING EQUIPMENT Clerk at 10:00 A.M. on Wednesday,
CITY HALL & POLICE FACILITY May 5, 1971. (Council reviewed staff
• report.)
Mayor Chappell: Madam City Clerk) are you to present the bids?
Lela Preston: No, Mr. Mayor. The bids have not been processed
City Clerk as yet.
Motion by Councilman Young, seconded by Councilman Shearer and carried,to
hold.--- over until May 240 1971, its next regularly scheduled meeting
date, the award of the subject bid so that staff may have time to
properly evaluate the bids received.
BID NO. 71-138 Bids received and opened in the Office of the
FURNISHING TIRES FOR Purchasing Agent on Wednesday, April 28, 1971,
CITY VtHICLES at 10:00 A.M. Request to hold over to
May 24, 1971.
Motion by Councilman Young, seconded by Councilman Shearer and carried, to
hold.' this item over to the meeting of May 24, 1971.
PLANNING COMMISSION
Summary of Action (Council reviewed summary of action.)
May 5, 1971
Motion by Councilman Young, t1at the Summary
of Action report of -May 5, 1971, be received
and filed. Seconded by Councilman Nichols and carried.
Request Planning Commission Councilman Youngs Mr. Mayor, this
and Staff to reevaluate all item is on the
Undeveloped Multi -Residential agenda at my request.
and Commercial zoning It is pinpointed largely toward the
Throughout the City issue that has arisen and is current
regarding the Brutoco property near
Galster Park and because Councilman
Lloyd is not here - and incidentally I don't think it has been stated
but I understand he is attending a meeting in Sacramento related to
City Council actions throughout the State which all of us might have
been at - and as this is a matter of sufficient importance to warrant
the presence of all Councilmen, I would make a motion to continue
this item to the agenda of May 24, 1971.
Mayor Chappell: That isn't exactly what this item is talking
about Councilman Young. This is talking
abou_� a study of all undeveloped multi -
residential and commercial zoning throughout the City.
Councilman Young: This is correct and I think within that
motion any studies that the Council might
desire can be undertaken within the subject
matter of the A9` nda iteml It may be simply the Brutoco property or
a wider study of'it may be nothing.
otio n seconded by Councilman Shearer and
arried.
RECREATION & PARKS COMMISSION
Action of April 27, 1971 (Council reviewed action.)
Motion by Councilman Shearer, seconded
by Councilman -Nichols and carried, :.to' receive and file Recreation &
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CITY COUNCIL 5/10/71 Page Six
REC. & PARKS COMMISSION ACTION OF 4/27/71
Parks Commission summary of action of Apri1,27, 1971.
(Mayor Chappell called the "ience's attention to the City's Paint -up,
Clean-up week scheduled for May 19th through the 25th and asked the
• cooperation of all, advising fliers will be mailed.)
PERSONNEL BOARD
Minutes of April 6, 1971. Motion by Councilman Shearer, seconded
by Councilman Young and carried,
to receive and file.
Administrative Review
Committee Recommendations
& Information, and'Speical
Services Classification
Committee recommendations and
classifications as -approved in
salary consultant, and further
is subject to favorable action
Salary Comparison Criteria
Agencies and Benchmark
Positions
Motion by Councilman Young, seconded
by Councilman Shearer and carried, to
accept. _the recommendation of the
Personner Board and to . ref:er; the
actions of the Administrative Review
information and special services
their meeting of May 4, 1971, to the
that this recommendation by Council
on Item I-2 of the agenda.
Mayor Chappell: Right at the present
time this item is
informational - Mr. Aiassa, do you
have any comments?
Mr. Aiassa: If Council accepts this)it makes the formula
and criteria submitted to you by the
Personnel Board acceptable - the Personnel
Board will assume th4t this is agreeable to,you. I believe at the
time we undertook this new comparison critik"ka it was felt that'the
Council might want to review this with the Personnel Board in a joint'
meeting. I
Mayor Chappell: Yes; Mr. Aiassa. When we met with the
Personnel Board we ttLlked to them in the
relation that our City would be more
equally compared with cities of our size, tax base,, etc., etc.,
and when you look down this list you see us being compared with
Los Angeles City, Los Angeles County, Pomona, Pasadena - and these
towns in my mind have absolutely no comparison in regard to our tax
base or population. I think perhaps it would be well to sit down
with the Board members and discuss a little further before we
actually accept this recommendation. Is there any discussion?
Councilman Nichols: My recollection was that the Council
expressed its collective feeling that the
City of West Covina should not any longer
feel that it should be bound irrevocably by the 10 city comparisons.
Now,I think we did not go into any greater specifics than that. I
also was a little surprised to find an entirely new criteria
established with additional cities. I am not prepared to respond
to it, I think the Personnel Board may well be running '111i"the right
. direction and might have evidence to support these recommendations,
but I think it is so important because we will really find oukselves
bound by this for a period of years, that it would indeed be wise
if the Council held this matter in abeyance until such time as we
could have a joint meeting with the Personnel Board and enjoy the
benefit of their thinking and explanations, which surely would go
beyond this basic recommendation.
Councilman Shearer: I agree 100% because truly Vhen I looked
at the City of Los Angeles, with a specific
note "includn,g'fhe Department of Water &
Power" - it is a well known fact that the City of Los Angeles as
a wholel and particularly speaking of engineers, isn'.t-' even competi-
6 - /. ".
CITY COUNCIL 5/10/71 Page Seven
PERSONNEL BOARD
tive with the Department of Water & Power. For some unknown reason
the Department of Water & Power seems to be somewhat autonomous
in relation to other salaries, and if I.was am employee I would
undoubtedly like to be tied in with the Department of Water & Power.
• I can recall fifteen years ago when I graduated from college I
received an offer of a job from the City of Los Angeles, I believe
the salary was $415., a month, the same type of work with the Depart-
ment of Water & Power was $515.. a month. So there was quite a
difference and there .still is this difference present. So that alone
caused me to run up a red flag and I have a big circle around it in
my notes, so I would like to discuss this with the Personnel Board .
Motion by Councilman Nichols, seconded by Councilman Young and
carried, that the salary comparison criteria agencies and benchmark
positions recommendation be held over until a joint City Council -
Personnel Board meeting is arranged.
Mr. Aiassa: Mr. Mayor, we can do this on the 17th of
May - if you would like to make it an
afternoon meeting at 4 or 4:30 P.M.
(Council discussed and decided on May 17th at 4 P.M. Mr. Aiassa
to arrange final details with the Board and advise.)
HEARINGS
STREET VACATION LOCATION: Pass and Covina Road
PORTIONS OF PASS & COVINA northerly of Amar Road, and old Amar
ROAD & AMAR ROAD Road easterly of Lark Ellen Avenue.
PROTEST HEARING Hearing of protests set for this date
by Resolution No. 4332 adopted
April 12, 1971.
Mayor Chappell,: Madam City Clerky do you have the affidavits
of posting and publication?
Lela Preston: Yes, Mr. Mayor.
City Clerk
Motion by Councilman Young, seconded by Councilman Nichols and
carried, to receive and file affidavits of posting and publication.
Mayor Chappell: Mr. Public Services DirectoJ do you have a
statement to make regarding the necessity
of the public use of the proposed vacation
of Pass and ,Covina Road and Amar Road?
Mr. H. R. Fast:
The vacation of a small portion of Amar
Public Services Dir.,
Road is recommended to eliminate a section
of Amar Road which was essentially abandoned
with its realignment several
years ago. The section of Amar Road
proposed for vacation is
no longer needed for street and highway
purposes and the portion
of Pass and Covina Road proposed for vacation
will not be needed for street
and highway purposes.after Lark Ellen
is constructed north of
Amar Road.
Mayor Chappell:
Madam City Clerk have you received any
written protests or objections against the
abandonment of this street?
Lela Preston:
No, I have not.
City Clerk
Motion by Councilman Young, seconded by Councilman Shearer and
and carried, to receive and file Engineer's report.
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CITY CLERK 5/10/71 Page Eight
HEARINGS: STREET VACATION
(Map displayed on screen and explained by Mr. Zimmerman, City Engineer.)
THIS IS THE TIME AND PLACE FOR THE PROTEST HEARING ON THE STREET
VACATION OF PORTIONS OF PASS AND COVINA ROAD AND AMAR ROAD. THERE
• BEING NO PUBLIC TESTIMONY, FOR OR AGAINST, PUBLIC HEARING CLOSED.
COUNCIL DISCUSSION.
Councilman Young: This matter was before us previously)
wasn't it?
Mr. Zimmerman: Yeslthis matter was before the City Council
City Engineer previously almost in identical form;
however, the developers wanted to put in a
storm drain and use a portion of what had
been proposed for vacation and under the circumstances the City
Attorney felt it should come back before the Council for a hearing,
reserving the right for a storm drain to be placed in that right-of-way.
Councilman Young: Would the appropriate motion then be to take
the matter under submission until the Lark
Ellen Avenue extension'is completed?
Mr. Wakefield: Yesl that is all that is required at this time.
City Attorney
So moved by Councilman Young, seconded by
Councilman Nichols and carried.
CITY ATTORNEY
ORDINANCE The City Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING THE WEST COVINA
MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change
Application No. 452 (Parcels 2 and 3) - City Initiated. -.-Denying Parcels
1, 4 and 5.
Mayor Chappell: Hearing no objections waive further reading
of the body of said Ordinance.
Motion by Councilman Shearer, seconded by Councilman Young and
carried,td..,.int.r.odiico.`: said Ordinance.
ORDINANCE The City Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY.OF WEST COVINA ADDING PART 33 to
CHAPTER 2 OF ARTICLE IX OF THE WEST COVINA
MUNICIPAL CODE CREATING THE CIVIC CENTER OVERLAY ZONE. (Amendment
No. 113.)"
Mayor Chappell: Hearing no objections waive further reading
of the body of said Wrdinance.
Motion by Councilman Shearer, seconded by Councilman Young and
carried ,t6.: in.tfo,d:uc,.er- said Ordinance.
ORDINANCE The City Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING SECTION 9231.5
OF THE WEST COVINA MUNICIPAL CODE, RELATING TO FILING FEES. (Amend-
meflt No. 114)."
Mayor Chappell: Hearing no objections, waive further reading
of the body of said Ordinance.
ME NE
CITY COUNCIL 5/10/71 Page Nine
CITY ATTORNEY: Ord. Introductions - Cont°do
Motion by Councilman Shearer, seconded by Councilman Young and
carried,to introduce said Ordinance,
Mr. Wakefield: Mr. Mayor and members of Council, there was
City Attorney one other Ordinance I was asked to prepare
10 at your last regular meeting which didn't
get on your agenda, the Ordinance relating to outdoor display of
merchandise and vehicles being offered for rent by service stations.
I have the Ordinance prepared. It is an urgency_Ordinance.:and if -'.-
you desire) I will read the title® (No objections.)
ORDINANCE NO.1164 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA RELATING TO LIMITATIONS UPON
THE USE OF PROPERTY FOR SERVICE STATION
PURPOSES AND DECLARING THE URGENCY HEREOF TO TAKE EFFECT IMM.EDIATELY."
This Ordinance does contain an urgency
clause, it can be adopted tonight! it does require four votes and �'s
effective for 90 days.
Councilman Young: This is the Ordinance that essentially
postpones enforcement of our regulations
at this time regarding outdoor displays
and certain type of uses at service stations,_.renta.l of trailers,
etc.
Mr. Aiassa: Yes.
Councilman Shearer: Does it include anything else such as tires,
oil, etc.?
Mr. Wakefield., The Ordinance would remove -o.k temporarily
suspend the restriction on"the outdoor display
of merchandise being offered for sale or for
rent on the property. This would include trailers, tires, oil and
other accessory items offered for sale at the service stations for 90
days.
Councilman Young: It is the thought of the City personnel and
City Council, at least in our last discussion,
that the restricting of.these items would be
reconsidered with the possibility of some revisions being made in
existing regulations, as I recall. it. I would move adoption of the
Ordinance®
Councilman Shearer: I will second it and then I have a comment.
I like the idea of the merchants being allowed
to display trailers because obviously you
can't have a facility big enough to put trailers inside, it is like
the display of cars, But when we get down to the oil, tires, and
accessories and you set these outside, well I think we could use the
same thinking then if we went to West Covina Plaza and Penney°s
wanted to put all their coeds shirts and little girls dresses out on
the sidewalk in order to be able to merchandise it. I don't quite
see that this is really necessary or adds to the beauty of our City.
I see many of our stations that don't have anything out. I wasn't
really aware of this until after the last meeting when I began to look
around as I passed by. Perhaps this Ordinance went a little too faro
I like the idea of trailers outside because you can't put them inside,
but when it gets down to oil, tires, etc., ® unless someone can
convince me, otherwise )I can't support it,
Councilman Nichols: I believe this item came up for discussion
by Council after I left the meeting last
time. Although I have read the limited
information in the minutes and I am familiar with the nature of the
problem, it seems to me we are rather stymied tonight when the City
9
CITY COUNCIL 5/10/71 Page Ten
CITY ATTORNEY: Ord, Introductions - Cont°do
Attorney says four votes will be necessary to place this urgency
ordinance in effect. If my vote were the deciding vote I would be
prepared to offer a short term modification of the Ordinance in order
that further review can be undertaken by staff. But my sympathies
• of the matter are entirely with those just expressed by Councilman
Shearer. We have quite restrictive Ordinances on our books right now
in the City that prohibits Penneys from selling shirts on the sidewalk
except under very specific and limited conditions of a special use
permit. I couldn't remotely envision that the service stations of our
City should have any greater access to the broad retail market than
our retail stores have. It has always been'my opinion that the retail-
ing of accessories are secondary to service stations function® We. should
not make it impossible for them to do that but we should not encourage
service stations to go into retailing in conjunction with the more
traditional operation, yet because there have been those that have
pled they are having a hardship brought against them, because staff
has indicated one approach would be to a general field revigW, I feel
it probably would be in order to e'nact this Ordinance to give
no more than what amounts to temporary relief against enforcement..
But, I am afraid that the enactment of it might be -.to paraphrase a
famous statement - a small step for the World but a big step for
West Covina. So I am going to urge upon Councilman Shearer that he
change his position and in that he has taken one I will stand by and
abstain on the vote which will largely achieve the purpose that I
have sympathy for anyway. My:_-ab-stdiaing votb,7 s.`?based on an absolute
uncertainty as to all of the ramifications of the discussion of your
last meeting.
Councilman Young: Mr. Mayor, I would like to take a shot at
convincing Councilman Shearer. This is
where I wish we had that circular table
mentioned by Councilman Lloyd at our last meeting, and I don't think
it would be really complicated to put one in here, incidentally;.
I will just throw that in on the sided it might be a little
expensive. I think Councilman Shearer is taking the position that
we are establishing a policy for the City of West Covina, which will
allow the use of sidewalks and public passageways for"'•the display and
sale of merchandise. I think the comparison with a sidewalk sale at
J. C. Penney°s putting dress shirts and things out in front of the
store is riot a proper analogy.
Councilman Shearer: Those sidewalks in that area are not public
sidewalks' they are private property.
Councilman Young: They. -are none the less..areaways where pedp-le
walk from one store to another and we have
store fronts all up and down the street,
whereas the specific problem we are dealing with here are service
stations whose property is not used for pedestrian traffic or
vehicular traffic They park their trailers and establish their
outdoor displays on their own property out of the way of both
pedestrian and vehicular traffic.
In the present instance of Mr. Hinkley,
. he complains he has a ten day order to comply, He has to get rid of
his trailers and Mr. Hinkley happens to own quite an inventory of
trailers having been in that business for years. He parks the
trailers on the fringes of his property, which I think is quite
different from the situation of putting a rack of dresses out on the
sidewalk, whether privately owned or'not,.to accommodate pedestrian
traffic from one store to another, such as�the West Covina Plaza
or the Eastland Shopping Center, and elsewhere. The idea of this
whole ordinance that Mr. Wakefield has read the heading to here,
was essentially in recognition of a point made by Councilman Nichols
where we grant Variances and make exceptions rather than looking at
the rule itself. I had this in mind and I think I called for this
10 -
CITY COUNCIL 5/10/71 Page Eleven
CITY ATTORNEY: Ordinance Introductions - Cont°d.
Ordinancq last time rather than simply saying we as a .Council hereby
instruct our law enforcement agency not to enforce the law pending
a study on this, we decided to try and do it the right way so as
not to be putting law enforcement in the position of violating a
• sworn duty. So we come up,�';with the urgency ordinance for the sole
purpose of giving the station operators the opportunity of
conferring with staff, and the Chamber of Commerce should be
involved in it and other people who are interested in merchandising
and equally interested in having a nice City, to at least get a
multitude of thoughts in here, and during that period of time
rather than just put this man out of business and others, we have
breathing room to reevaluate it. That is as far as this Ordinance
goes. I don't see it as a drastic policy device. I think it is
simply a device to give the merchandiser a chance to be heard
rather than summarily being forced out of business. I think we
should pass this Ordinance and give these people a chance. I think
-that is as far as we are going.
Councilman Shearer: I would be willing to support an Ordinance
if it would allow the 90 day extension of
trailer rentals. I think this is the only
business we are talking about. There is a very simple way for
Mr. Hinkley or any other station operator staying in business and
selling tires, oil, batteries, etc., and that is to move them back
where they belong - inside. As I stated earlier you can't move the
trailers in because there isn't enough room and I do agree that is a
legitimate problem. I think if there is a 90 day period of study
necessary we can grant the use of trailers without allowing for
everything, thereby opening the door to complete outdoor advertising.
My objection is not from the standpoint of someone tripping over the
merchandise as they walk in the area, it is the unsightliness of
outdoor displays of things that don't necessarily have to be displayed.
I think most of us are quite aware if we need a quart of oil that any
.service station in the City will have oil to sell. I don't think the
fact'it is set outside will make any difference whether I go into the
station or not. You have my vote if the City Attorney can rewrite
the Ordinance, reread it sufficiently to give an extension for
trailers but not a point blank check for the display of merchandise.
Councilman Nichols,. Was the basic problem the matter of trailers?
Councilman Shearer: Yes.
Councilman Nichols: I would say the -proposed Ordinance does
go specifically beyond that and)in an area
where there appears to be considerable
expansion of retailing on service station properties�I think that
we should be very careful about what we encourage. My only other
observation,Councilman Young, would be that we also have to be aware
that there must be a number of service stations in the city that will
in fact conform with the Ordinance as it exists now and any
,dim-i_ni'shing; of the Ordinance may well be an opportunity to remove
the finger from the dike, so to speak.
• Councilman Young: Alright, I will go along. I would like to
say that certainly we want to avoid any
additional polluti�one Wre want the City to
look nice as you drive through and at the same time we want to
encourage our merchants rather than discourage them. We have some
views to be brought together here which have some opposing features
too. Certainly
�,the only immediate urgency had to do with trailers.
And I know of one other dealer that has the same problem and to whom
I said "well ,ll hang on -we are going to' _take care:d#f it this Monday night;"
and Mr. Aiaisa has mentioned that a meeting will be scheduled with
the service station operators.*so let them voice themselves and we
will get a recommendation back and we won't be in the business of
having an Ordinance on the books that we sre not enforcing. I will
go along with it and would inquire of the City Attorney if the
- 11 -
CITY COUNCIL 5/10/71 Page Twelve
CITY ATTORNEY: ORD. INTRODUCTIONS m Cont°do
emergency Ordinance can be revised with the striking of certain
words so that it covers only the trailers.
Mr. Wakefield: Yes the Ordinance can be revised simply by
City Attorney deleting a few words.
Mayor Chappell: We have a motion on the floor now. All
those in favor?
Motion failed, Councilman Young and Mayor
Chappell voting "aye" and Councilmen Nichols and Shearer voting
s nay e.
Mr. Wakefield: Section} l of the Ordinance would read/ as I
understand the consensus of the City Council,
"during the time this Ordinance is in effect
nothing in sections 9211.3, 9212.9, 9213.9 or any other provisions of
the West Covina Municipal Code shall be construed as prohibiting the
outdoor display of vehicleo being offered for rent upon property being
cojacupied', and used for automobile service station purposes."
Councilman Young moved the adoption of the
Ordinance as amended.
Councilman Shearer: I will second it with a question m is a
trailer a vehicle by legal definition?
Mr. Wakefield: Yes.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, :Chappell
NOES: None
ABSENT: Councilman Lloyd
RESOLUTION'NO. 4357 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA APPROVING VARIANCE
APPLICATION NO. 659 (Majestic Chrysler -
Plymouth, Inc.)."
Mayor Chappell: Hearing no objections � waive further reading
of the body of said ;iesolution.
Motion by Councilman Shearer, seconded by Councilman Young, to.Adbpt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Chappell.
NOES: None
ABSENT: Councilman Lloyd
(Mr. Wakefield advised Council that Item 5 was already covered in
Item No. 1 'of the agenda.)
AMERICAN POSTAL CORP., Mr. Wakefield: Sometime ago the City
re 11HANDBILL ORDINANCE" Council received a
letter from the
American Postal Corporation requesting a modification in the City°s
Handbill Ordinance, which presently prohibits the distribution of
haddbills except in a box which is labeled advertising and maintained
on private premises or which is handed personally to an individual) to
permit the delivery of advertising materials door to door by individuals
employed as carriers by that Company. The letter indicates the
advertising material will be placed in individual plastic bags and
hung on the door knob of individual residences. As I indicated in my
communication to you,,the City°s Ordinance is typical of a great many
cities in California. Last year the validity of a similar Ordinance
was sustained in the U.S. District Court of Appeals. There is one
12 -
•
0
CITY COUNCIL 5/10/71
CITY ATTORNEY - Cont°d.
Page Thirteen
other case that is presently pending, The District Court of Appeals
has sustained the validity of a similar Ordinance in the City of
Lompoc, The Supreme Court//however/has granted a hearing in that
case and the decision of the State Supreme Court has not yet come
down. I mention this simply to point out while our Ordinance is
restrictive in character I believe it to be constitutionally valid.
As I am sure you noticed �in the papers postal rates are to be increas-
ed and I assume more and more companies such as the American Postal
Corporation will be endeavoring to get into the distribution field
for the distribution of what now is typically sent through the 3rd
class mail channel. Whether you desire to modify your Ordinance
in anyway is purely a matter of policy as I see it, a determination
of the City Council.
There is a representative of the American
Postal Corporation in the audience this evening. I suggested to him
if he desired to address the City Council on this subject he might
do so under Oral Communications. I have nothing further Ito add
unless the City Council has some questions to ask.
Mayor Chappell: Do you want us to hold this over until after
Oral Communications?
Mr. Wakefield: Yes, I think that would be desirable.
Motion by Councilman Shearer, seconded by Councilman Young and
carried, to, h6ld-.over this item until after Oral Communications.
MERCED HORSE Mr. Wakefield: Since your last meeting
RANCH there has been some
improvement in the
conditions of the Merced Horse Ranch. The tenant is picking up
manure on a daily basis and has made arrangements to have it transport-
ed from the property daily; and most of the horses have been moved
back the specified distance from the house on Sunkist® But the remain-
ing conditions have not been complied with and it is our intention
to file a Contempt action by the end of this week. No action is
necessary at this time.
MAGANA & CATHCART
Mr. Wakefield: This item
is a request
ATTORNEYS FOR
received by
the City
Clerk
CLIFFORD T. SMITH
for leave
to present
a
late claim
on behalf
of an
individual who fell from
a light pole within the City
limits of
the
City of West Covina.
Councilman Young: Isn't it customary to deny these?
Mr. Wakefield: Yes, Councilman Young, except the reason it
comes here is because there is a specific
procedure for an application to file a late
claim. It would be my recommendation that the application to present
the late claim be denied which would leave the attorneys of Mr. Smith
to pursue their remedy in Court.
So moved by Councilman Young, seconded by
Councilman Shearer.
Councilman Nichols: Mr. Mayor, a question. These requests to
make late claims - what difference does it
make if you give permission or deny permission?
Mr. Wakefield: The law provides that a claim against a public
agency for certain kinds of injuries must be
filed within 100 days of the date of the
injury. The statute also provides under certain circumstances a.
claimant
may submit an application to file a claim beyond that time if, for
- 13 -
CITY COUNCIL 5/10/71 Page Fourteen
CITY ATTORNEY: Claim for Injury_- Cont°do
example, the claimant is a minor or is so incapacitated that he
cannot hire an attorney or file a claim within the specified time.
If the claim is denied by the City Coun,cil/it simply means the
claimant would then have to apply to the court for permission to
file a late claim. He would file an application in the Superior
Court and make his proof that he comes within the categories of
individuals specified in the statute and was therefore entitled to
file a late claim. If the Court authorizes the filing of the late
claim then the City will receive it and it will be acted upon like
any other claim that comes before you in cases of this kind.
Councilman Nichols: Thank you.
Motion carried.
THE CHAIR CALLED A RECESS AT 8`35 PoM- COUNCIL RECONVENED AT 8:50 P.M.
ORAL COMMUNICATIONS
N. G. Packard I would like to address the Mayor and
Administrative Vice-Pres., Council members regarding agenda item
American Postal Corporation discussed by the City Attorney
7354 Bolsa Avenue having to do with the West Covina
Westminister, Calif. Municipal Code concerning handbills.
In February we attempted to apply for a
business license in the City of West Covina and at that time learned
your handbill ordinance prohibited us from operating. I would like to
ask the Council to consider that Code, its intent in the operation of
American Postal and either reclassify American Postal under some
other Municipal Code in order to allow it to gain a business license
or adjust your Code to allow independent postal systems such as
American Postal to operate within your City. But before I do that I
think it is appropriate that I briefly describe to you the operations
of American Postal Corporation and what it is we are asking for.
Most of the vital information is in the
.correspondence of February 10, in the hands of your City Clerk. First
of all American Postal Corporation is an independent system in direct
competition with the U. S. Postal Service. We recognite the
undesirability of having small children or derelicts cast materials
about your lawn and your city. In fact we are not engaged in that
practice and we really in my opinion should not be classified as a
handbill distributor. �We are in -fact an independent postal system
and we only operate in the area of third class mail because Federal
regulations prohibit anyone from operating within the area of 1st
and 2nd class mail. In view of this we have taken the oniy alternative,
available to us and dealt in 3`rd class bulk mail, The way we operate
is much like the U. S. Post Office, in that we have routes designed
by us® Originally we ad.bpted U. S. Postal .routes and found them
inappropriately designed to fit our needs. That is not intended to: be
a criticism of the Post Office. We assign regular carriers to the
same routes everytime a delivery is made. The only difference is
our carriers are 99/ housewives who live on our routes where they are
delivering. The same carrier delivers the same route which is
specifically designed and mapped for Chet carrier. I would like to
pass to you samples of the areas currently we are operating in for
the past 2 years, and representative maps that are used by our carriers.
Each of our carriers is supervised. That is,for every 10 or 12 carriers
there is a supervisor that does nothing but manage the delivery process.
We do not truck people any where: we do not drop material on street
corners° we do not use children or derelicts. All the people who
deliver material for the American Postal Corporation are employees of
the corporation. We pay taxes and insurance on them.
Again, I would like to stress the point that
the people that are carriers live within the community which we are
serving. The material we are carrying because of the way we do
14
CITY COUNCIL 5/10/71
ORAL COMMUNICATIONS ® Cont°d,,
Page Fifteen
business, the fact we control both the scheduling of the material
itself - a computerized program ® is costly enough so that we are
not competitive with anyone but the U. S. Postal Service. I
believe the safeguards that we built into our system, not only the
. supervision. but over and above that, we have a quality control
auditing force that audits the delivery process to insure that the
supervisor is managing properly and that the carrier is conducting
-hersetlf in accordance with our regulations, provides delivery that is
equal to or in some cases exceeds that available from the U. S.
Post Office. We have a long list of customers which are major
retailers primarily, but we don't limit ourselves exclusively to
advertising material. Anything that can be classified as 3rd class
mail such as Municipal correspondence from the City to its residents
such as we hole for the City of Huntington Beach, Buena Park, etc.,
many other cities (is carried by American Postal.
For your review, so the members of Council
may see the area we are currently operating in, I would pass to you
this general map of the area and a representative picture of the
carrier. Here is an example of one of the bags we use. It is
manufactured to our specifications' it is for no other use. It is
not a secondhand bag acquired for some other purpose. This
particular one I am passing to you does have our insignia imprinted
on it. The only reason we use plastic bags and don't put the material
in the mailbox is because Federal regulations prohibit placing anything
in the mailboxes, even if you installed it on your own residence.
So we are forced to use this method until such time as that is
challenged or changed by the Federal Government. As you are probably
aware postal rates are ever-increasing and will be changed May 15th
of this year and that is only the first of many steps planneq,by the
U. S. Postal Service. I don't mean to demean postal service by any
means, all I am indicating is that I think it is appropriate that
private enterprise have the opportunity to directly compete and to
do it in such a manner that it is not offensive to any municipality.
In closing I would like to point out to you,
as your City Attorney so ably pointed out, that ordinances such as
yours exist in many cities throughout California. We have to date
been fortunate enough to obtain changers to allow an independent
postal service to operate in many cities such as Buena Park,
Anaheim, Gardena, Lawndale, Santa Ana, Costa Mesa and others, due
to the fact they'designed ordinances to allow a legitimate service
to operate. I am sorry if I ran a. little longer than I should have.
I would be happy to answer any questions.
Councilman Nichols: Mr. Mayor, I don't feel that the Council
can possibly investigate this area
sufficiently through oral communications.
We asked for a legal opinion this evening, which we received, and
I would think in my judgment the next _stepr.would be for Council
to refer this back to staff and =for -the applicant to make such
initial presentation as he might desire in detail to staff and
then hopefully staff can make a recommendation back to Council,
and at that time the applicant may request further time before the
Council and we can make our decision, and I would so move that.
Councilman Young! I will second that with a comment. In
the furtherance of Councilman Nichols'
point -I thought of this earlier when
the City Attorney brought this up m I would like to hear from the
Chamber of Commerce, the local businesses, on the desirability
of this type of service Certainly the presentation is excellent
and I think this is the second time it has been brought before us,
but I do agree with Councilman Nichols' motion,
Motion carried.
- 15
CITY COUNCIL 5/10/71 Page Sixteen
ORAL COMMUNICATIONS - Cont°do
Mrs. Sanford Grumet We have spoken several times before
1445 Queen Summit Drive Council regarding this matter. This
West Covina evening we originally intended to
give you five thousand names as we
promised and we have reached our
goal but we are not turning in the petition for a very definite
reason. We have been informed that quite a few people that signed
the original petition have been subject to annoyance phone calls,
obscene and otherwise, therefore to safeguar4-1the names that we have
we will not turn them in until �/he afternoon'of the Council meeting.
Also many of us have been receiving very obscene phone calls.' It is
starting to look like reminiscent of the 19301so
I have a copy of a flier that we have
been distributing. I have brought it here for the Council to see,
There isn't one word of untruth in this entire flier. In f act�if
necessary/I have facts, figures and City Hall records to back -them up.
I would like to talk first of the
condition under�which the developer donated the ball field. The 3.4
acres. This was not a voluntary donation as I am sure the Council is
aware' it was a condition in order that he might go ahead with his
development. I have the minutes of the Planning Commission's public
hearing, page 5, February 17th, where the applicant - Brutoco
Development Company -wishes to record its exception to the staff
recommendation that the applicant shall dedicate 3.4 acres of land.
We were at that Planning Commission meeting. This developer was
there with his attorney. This was not a voluntary donation. It was
a necessary one or he had to pay cash equ Ara',l,&nt. He did not daMt'0
ball fields, He donated ® and' again I will read from the memorandum
to ''.':C.ty Council 'f`rom the Planning Commission m "as a condition"' It
was the easterly ball diamond and a snack bar. The front ball diamond
is still leased for one year or until such time as the developer
begins to build. The San Jose League has put in a lot of money and
they are-'rr-<rather a.precarious positions They have gotten a promise
from the developer that this ball field will be moved or purchased.
He has made promises and therefore at this point they are rather
sitting on eggs, or shall I say ® they rather have to play ball and
this is why there has been nothing said from the San Jose Little
League.
I wish to discuss also Mr. GalSter°s
acquiescence to the building of high density and two thousand people
in front of the park that he donated and that we spent $309,000 of
tax money so faro These are figures from the Finance Department.
Mr. Galster has a piece of land, I have the map here from the
Engineer's Department, of 60 acres which is adjacent to the Brutoco
tract. This 60 acres is landlocked' it cannot be opened up until
Brutoco Development is opened up. I also have the land contract
that Mr. Brutoco has from Mr. Galster. It is a 10 year contract and
it will be up the beginning of next year with just a small amount of
cash down on it. If this reverts, Mr. Galster gets this land back
and it is a very great financial loss. I am only stating this fact,
not to disparage Mr. Galster but to show that at this point he has a
vested financial interest in seeing that this development goes
through the way it is.
I just want to say one more thing.
We went in to see several Detectives in the Narcotic Squad today®
They brought out the fact that everytime there are new apartments,
like the ones recently on Cameron and,CaliforniP. ® so far they have
had two murders, big dope problems, and last week there was a dope
problem in Galster Park. Can you imagine and they don't wish to
imagine, what is going to happen if them are two thousand people
directly in front, plus the qDpening of the Galster property, which
is now R-1 but which originally had been applied for rezoning on
16
CITY COUNCIL 5/10/71 Page Seventeen
ORAL COMMUNICATIONS - Cont°d.
August 4, and I am care will be again.
To conclude, we don't feel that small
donations of campaign funds or any business interests will affect the
integrity of this City Council. We feel that you must downgrade
those high density apartments so there are not two thousand people
in front of that park, because we know you have a definite commitment
to the people and to the youth. Thank you.
Dr. Leslie Greenbaum Councilman Young, Mayor Chappell, Councilman
1443 E. Alpine Drive Nichols, Councilman Shearer - I am the last
West Covina person asked to speak tonight on behalf of
conservation and good urban planning relative
to West Covina°s unique Wilderness Park. I was a bit reluctant to do
so as I was warned ... b,:�.`those more experienced in these matters that
opposing pressures against the cause were about to be felt. To prove
to myself whether or not zoning in question was indeed of citywide
concern I requested that a concentrated area, a long distance from
the park, namely a couple of blocks of City Hall be polled
by petition. If 'le.s's than 70% signed I was prepared t& back out.
Over 90% readily signed. Gentlemen, I say to you that people from
every corner, every neighborhood of West Covina, look to each and
everyone of you to favor a zone change.
Dr. Adolfo C. Causerett of 1300 East
Hollencrest Drive, whose name was among the first one thousand
already turned into you, had an important business meeting tonight
but asked me to inform you that he was contacted by Mr. Brutoco
the other day afiA asked to come before this Council and state that
the petition he signed had been misrepresented and withdraw his
name, thereby perhaps discrediting or casting a doubt on the
multitude of people that signed because they truly object to high
density apartment housing at the entrance of our Wilderness Park.
Dr. Causerett could not be persuaded but if others have,,I am sure you
will discount such a sham manuever. Dr. Causerett stated he would
appear at the next Council meeting if the Council so desired.
Last Friday I spoke to the offices of two
of our major and most active national conservation organizations
in Washington, D.C. You will be hearing from them at your next
Council meeting. I gave them all the facts as honestly as I know
them including that the present zoning has been in effect since 1962
and the taxes have been paid. It was pointed out to me that this
was bad city planning and zoning from the start. It is not a question
of who is right or wrong but rather a question of both sides being
right' but conaerva.tion, youth and good urban planning make the zone
change more right both for the present and the future. Indeed, it
dictates that the zone be changed. I would hope that you Councilmen
would heed and believe in the following quotation as I do and I
quote. "I believe in the first goal of the City as stated on the,
General Plan. West Covina bhbuld remain predominantly residential
in all matters.-` I will give first consideration to preserving the
residential character of our community; second, to the existing
business community, and last to the individual new developer. Nature
itself teaches us that orderly development with everything in its
proper place is beautiful and growth for growth's sake means
chaos." These were the words of the Chairman of the Citizens,
Referendum Committee on Azusa and Cameron Avenue - Mr. Chester
Shearer.
Gentlemen, is this issue to be decided on
who gave how much and to what charity, or donated how much to a
couple of West Covina campaigns? I am confident that you, as
dedicated citizens, will not allow it to be. The only real question
here is what is the highest and best use for the land? Should it
be zoned R-1, like all other land in the vicinity, or high density
M-F 15 or M-F 25? And in deliberating the highest and best use,I
ask you to bear in mind the only truly pertinent question - highest
and best use and for whom? Thank you gentlemen.
•
0
CITY COUNCIL 5/10/71 Page Eighteen
ORAL COMMUNICATIONS - Cont°d.
Marcella Mosey I am a Co-chairman of an Environmental Group
Co -Chairman called "We Care" - we are situated basically
in LaPuente with members throughout the whole
Valley. I just recently became aware of the Galster Park situation.
I came' here basically to appeal to you because we have so much of
our wilderness area being taken up by high density apartments, by
industry, by shopping centers - to the point where even our
President has urged us to keep our green belt. Right at Galster Park
we have the perfect situation for all the children of our Valley
to have a firsthand experience with the environment and to be
actually right with it. I was surprised myself when I just found out
that we do have much wildlife in the Part. I was up there the other
day and do you know I saw a sight I had not seen for 22 years - - a
quail. What is going to happen if we go in and build there? The
wildlife is going to be pushed farther back. And the way our wildlife
is going, S-o goes--ma,n _:himself: It just want to ask you to keep that in
mind when you are deciding this situation. At this point it is pro-
bably not as important as the monetary value or what you feel is
right, but keep in mind the wildlife and wilderness area that you have
right in West Covina and try and preserve that. High density
development is not compatible with Wildlife. I would urge you to take
this into mind when you are considering this, andIalsoLLI will follow
up and send each of you a letter, or resume type of th5 ngl that our
group does. Thank you.
Mrs. Mary Gtuzza.rdo I would just like to state that I haven°'t
1440 Queen Summit Drive been here before on this issue, but I do stand
West Covina behind these people that have really
dedicated a great deal of time and endeavor
in seeking out the facts, and I would like to state in my opinion
that I would like to see it zoned to something less, mainly for our
youth getting in and out of the area and the density factor. Thank
you.
Councilman Young:
say: comments will be
CITY MANAGER
WILLIAMS & MOCINE
STATEMENT
AYES: Councilmen
NOES: None
ABSENT: Councilman
Mr. Mayor - a comment. Ordinarily some
comments would be in order after oral
communications of this type and I taoiil7d like to
forthcoming after our next meeting.
Motion by Councilman Young, seconded by
Mayor Chappell,to approve payment of
Williams & Mocine statement in the amount of
$390.00. Motion carried on roll call vote
as follows:
Shearer, Nichols, Young, Chappell
Lloyd
AMENDMENT TO SALARY Motion by Councilman Young, seconded by
CONSULTANTS" AGREE- Councilman Shearer,to a:uthdr•ize_, the City
MENT Manager to negotiate with Martyns Associates
in accordance with the terms of the existing
agreement for additional classification/salary studies as recommended
*by the Personnel Board in an amount not to exceed $600.00. Motion
carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Cha.gp6ll
NOES: None
ABSENT: Councilman Lloyd
LOS ANGELES COUNTY -
WEST COVINA CIVIC CENTER
LANDSCAPE MAINTENANCE
AGREEMENT
will also provide us with
Mr. Aiassa: We have submitted
a written report to
Council wherein we
agree to raise their
rates as outlined, hoping that they
substantially better service.
- 18 -
•
CITY COUNCIL 5/10/71 Page Nineteen
CITY MGR.:_ Civic Center Landscape Maintenance Aareement
Councilman Nichols: The figure of the total amount of the contract
is not available here - do you recall what it
is?
Mr. Fast: It is $1995.. per month. This would add an
Public Services Dir. additional $221. per month.
Councilman Nichols: I note the report indicates the onl addition
to the contract are the addition Ysome
specimen trees, which I always understood to
be trees rather large and substantial which initially require little
in the way of nuturing or maintaining. Although I recognize $�221.'
additional a month is not a great deal of money, on the other hand it
might be quite a little bit for"a few trees. So I was wondering if
there were more details available.
Mr. Aiassa: Yes., As you know we spent $35,000 which
$14,000 was reimbursed to us by the County on
a shared basis. Of this $35,000 we not only
put in trees, we also put in some coverage plants. We also -had a
substantial damage by frost which will have to be reserviced and re-
planted. This also includes certain areas that we are requiring a
more complete servicing. This was reviewed with the maintenance man
and with the County because County is paying 50% of this cost. The one
reason we are going on contract is because I don't want to go into a
complete time keeping and bookkeeping system with the City maintaining
the logs, etc., to compute for the County and also these major
specimen trees are now under warranty and I don't want my staff to
service these trees so that those people. delive #g the trees will
not be able to say we are not maintaining them properly. We have one
tree in front of City Hall that ceased to be a living tree and this
of course will be replaced under the contract. I am only trying to
protect the City in regard to this factor. This contract can be
terminated with adequate potices to either party.
Councilman Young:
Was this contract originally on a
competitive basis?
Mr. Aiassa:
Yes, he was the low bidder.
Councilman Young:
Wouldn't it be more appropriate to put the
whole thing out to bid again?
Mr. Aiassa:
No, we discussed this matter and at the time
of the original contract we mentioned this
additional work and that it would be a
negotiated cost.
Councilman Young:
But the contractor has an unfair advantage
now, he is only competing with us and not
with other contractors.
Mr. Aiassa:
We used the initial contract as a guide and
just extended the original formula used.
Councilman Young:
How long does the contract run?
Mr. Fast:
Two years..'
Mayor Chappell:
June 81 19721 it expires.
Mr. Aiassa:
We can give them notice of termination if
necessary. We have quite a bit at task
with the specimen trees.
Councilman Young: It would be rebid at the end of the contract?
- 19 -
CITY COUNCIL 5/10/71 Page Twenty
CITY MANAGER: Civic Center Maintenance Agreement (Landscape)
Mr. Aiassa: Yes, or we may consider maintaining it
ourselves.
• Councilman Nichols: For $25,000 a year it seems to me you could
put 3 workmen out there and practically
returf the City for that price.
Mr Aiassa: At -an example_,, that one tree that died is
$1,000+, and if we had our own crew they
would tell us we didn't watt-r."it or
something. So it is one contractor versus another, and we just stand
in the middle.
Councilman Nichols: If it dies when he is taking care of it, then
what?
Mr. Aiassa: He replaces it.
Councilman Nichols: I think we should buy cheaper trees.
Councilman Shearer: I would comment that my initial reaction is
to rebid it. However, I think the increase
is slightly over 10/ and we only have 1 year
to go and if we rebid we might conceivably end up with a higher bid -
thisiof course is only speculation - or we could end up with a lower
bid. I think 4e should let the contract go on its course with the
increase and then consider a year from now whether we go with our own
force or go for a competitive bid.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Chappell-.
NOES: None
ABSENT: Councilman Lloyd
PENDING ANNEXATION Mr. Aiassa: Council has received a
STATUS REPORT written,report, and accord-
ing to our City Clerk there
are some corrections. We will give you a follow-up report. The
election will probably be closer to August than July, because there is
a time requirement.
Mayor Chappell:
But you will move it along as rapidly as
possible? (Answer: Yes.)
Motion by Councilman Shearer, seconded by Councilman Nichols and
carried, to receive and file status report.
LOS ANGELES COUNTY Motion by Councilman Nichols, seconded by
LIBRARY SIDE YARD Councilman Young and carried, .to 'duth*or'iz-e
EASEMENT staff to communicate by letter with the
County, notifying them of the City°s
concurrence with their request in accordance with the report
submitted to Council dated May 6, 1971.
GALSTER°S NOTICE OF
SATISFACTION OF
CONDITIONS
FREEWAY WIDENING
REPORT
BKK BASEBALL DIAMOND
SCHEDULE
Mr. Aiassa: We are asking City Council
to enter into the record
the acceptance of the
Notice of Satisfaction of Conditions for the
gift of Galster Park by Emil S. Galster.
Council can take all three items under one
motion, if they so desire.
Motion,by.,Councilman Shearer, seconded by
Councilman Nichols and carried,to rec'ev and 'fil'e reports on
Galster Park, Notice of Satisfaction of Conditions dated May 7, 1971;
inormational report on Freeway Widening dated May 6, 1971; and
informational report on BKK landfill dated May 5, 1971.
20 -
CITY COUNCIL 5/10/71 Page Twenty-one
CITY MGR.: Cont°d.
WATER CONTRACT Mr. Aiassa:. I gave you the factual
STATUS REPORT information in the written
report as far as the status
of the contract. Mr. Patterson, representing Umark/has officially
• notified us of the termination of negotiations with Suburban Water
Company.
Councilman Young: Mr. Patterson is)of course continuing
negotiations elsewhere?
Mr. Aiassa: That is right and also with the City of West
Covina. I believe we gave you quite a
substantial packet on this which outlines
our situation.
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to receive and file.
CALIFORNIA OFF -RAMP Mr. Aiassa: I don't believe an
Executive Session is
necessary. I would like
authorization from Council to engage Mr. Harrison Baker to make a
formal appraisal, which will cost between $200, and $800., and that
we immediately proceed on condemnation. I have tried everything
possible to bring this matter to a close but they are sitting on
their figure and I have substantial feelings from two valid
appraisers that this is beyond the point of being reasonable, and I
have to get this into action by June lst.
Councilman Nichols: The range between $200, to $800,. is quite
a large one.
Mr. Aiassa: If Council prefers, let me start with not
to exceed $'$00.
Councilman Nichols: In that we usually have to pay more when
we get into court on these matters I ark all
for anything we can save in the appraisal fee.
Mr. Aiassa: Mr. Nichols we have usually been pretty well
under our estimates.
Councilman Nichols: I agree, Mr. Aiassa. Mr. Mayor, it is time
to move ahead on this and I would so move
that authorization be granted.
Seconded by Councilman Young and carried.
Mr. Aiassa: I also need a motion directing the City
Attorney to work in conjunction with the
staff to proceed in legal condemnation
proceedings.
So moved by Councilman Nichols, seconded by
• Councilman Shearer and carried.
MAYOR'S REPORTS
Mayor Chappell: At this time the City Council will move to
an Executive Session to discuss the re-
appointment of various Commissioners.
COUNCIL CONVENED AT 9:30 P.M. to EXECUTIVE SESSION. RECONVENED
TO COUNCIL CHAMBERS AT 9i40 P.M.
- 21 -
•
0
CITY COUNCIL 5/10/71
MAYOR'S REPORTS - Cont'd.
Page Twenty-two
PROCLAMATIONS: Mayor Chappell: We have requeG C,f9r
proclamations -of
"Salvation Army Week in West Covina" - May 10-16, 1971;
"Rubella Sunday" - June 6, 1971; "Week of the Young Child" -
May 16-22, 1971. This last one is a national foundation of some
19,000 members which my church happens to be involved with. If
there are.--io objections, I will so proclaim. (No objections.)
COUNCIL COMMITTEE Councilman Shearer: Only a question. When
REPORTS are we going to start
our budget sessions?
Mr. Aiassa: They will start just before the 1st of June,
the end of May.
Councilman Young: I think most of you may have seen a recent
two part series in the Tribune regarding
a report made by Deputy Chief Meacham with
respect to the decrease in revenue to the Cities from fines in the
Courts. I think about 85/ of the fine goes to the City where the
violation originates - maybe Mr. Wakefield can correct my statistics
percentagewise if I am wrong but1to say the least it is a substan-
,tial source of revenue. I bring it up because the Courts are
certainly a sensitive subject to me, being in the business as an
attorney, and I am very concerned about a lot of criticism leveled
at the Courts which I think is often misdirected or not thought
through, for example such as keeping tabs on the Judge to see if he
is harsh or lenient in the sentencing of criminal defendants found
guilty. To me this is a thin approach to the problem, because it
takes as much guts really on the part of the Judge sometimes to
be lenient as it does to be harsh. It is not easy either way for a
man who is conscientious in performing his tasks. On this traffic
thing, it is virtually inherent, at least it so affected me in my
sensitive way, a criticism of the courts that they are not doing
their jobs or are becoming too lenient. I discussed the matter with
one of the Court personnel who sits as a Judge in the Court and who
handles most of the traffic matters - I talked to hir4 :about it today
and he was quite concerned over the situation. I think first of all
it would be most unfortunate and a gross miscarriage of justice
if a Judge abused his function in collecting money for the County
and Cities.. He certainly should gear his sentencing to the
individual's offense and to the needs of the given situation. It was
mentioned.to me that during a 6 month period, approximately
September 1970 to March 1971, there has been in the Citrus Court a
reduction of 10,000 people initially cited into that court for
traffic violations. Well obviously there are 10,000 fewer prospects
to collect a fine from. So naturally there is a reduction in the
collections. Whether this is due to the fact that people are
driving better, or whether Officers attention is being diverted into
more critical areas such as narcotics, burglaries and the like, we
don't know. Another factor could be the cost involved thereby
making people drive a little better, particuarly in depressed times
when they don't have too much money. It is not the Judge's fault
the tickets are not written. It is conceded that there is some
reduction in revenue owing possibly to the use of the Drug and
Alcoholic Clinics. Rather than saying a drunk driver is slapped with
a big fine he is given a chance to attend the Drug & Alcoholic Clinic
which lists over a period of weeks and then he returns to Court and This
fine is'reduced in a substantial amount. This �incidentally,is
something of a general trend, to use this type of thing and also
Citrus Court and some of the branch courts are a lot more harsh
initially than L.A. Court. You would never expect the first offender
on a drunk driving charge in L.A. to be fined more than $150.00,
whereas it is routine over here to fine him $300 to $350. So the
Court comes more in line with the established practices. I wanted to
mention these facts to you just in kind of a defense of the Court
that hasn't really been attacked, but There is an inherent tendency
to assail these Judges. - 22 -
0
•
CITY COUNCIL 5/10/71 Page Twenty-three
COUNCIL COMMITTEE REPORTS
Mayor Chappell: But in the article I read; as I remember it,
there was a statement to the effect that
less tickets have been written over a
period of time and in that article it also stated that the average
Nest Covina Police Officer gives something like ten tickets per
month, indicating that our Police function basically is something
other than just writing tickets. I read that article in
altogether a different light, that we were doing other things more
important than just looking for ticket citations.
Councilman Young: This is true and the article did say that
but I just wanted to give you some further
points. In February alone the violations
were down 1500, so there goes 1500 prospects. I dislike to see the
police operate with the prominent idea being that we have to
collect a lot of money for the City, or the County, because I think
that is not the point.
Mr. Aiassa: Mr. Mayor - just to cast a little light.
In March and April, since. the new radar
units have been in use, when you get the
police report you will notice a slight increase in this area.
Mayor Chappell: Also)Senator Song has put a bill into the
hopper for taking that money away from the
Cities and putting into the State. This
Will concern us a lot more than a reduction intthe ticket:fines
because as 1 understand it it takes it all from the Cities and
throws )it over to the State.
Mr, Aiassa: I think the Council should follow
Mr. Young's comments. When the Highway
Patrol had its 500th or 700th program on
last year, the fines went up rather rapidly. It was surprising
the increase in revenue from the Courts for freeway fines, but
since that program has dropped, well it was one of the factors
because they patrolled for us on the freeway and I think our
tickets and citations on the freeway.are substantially lower
than they have ever been in prior years. I also heard tonight
that one of the Judges was not at the night Court tonight
and this is one of the problems. Generally speaking,that is why
staff from our City .provided some of the information so at least
it gave a rather fair balance of the situation.
DEMANDS,. Motion by Councilman Young to approve
Demands totalling $238,109.38 as listed on
sheets C717 through C780.- This total
includes payroll* Seconded by Councilman Shearer and carried on
roll Call vote as follows:
AYES! CO inCiliman Shearer, Nichols, Young, Chappell
NOES: None
ABSENT: Councilman Lloyd
ADJbiJRNMENT Motion by Councilman Nichols, seconded by
• Councilman Shearer and carried adjourning
meeting at 10 P.M# to May 17, 1971, at 4 P.M.
APPROVED:
i
i
MAYOR
CITY CLERK
- 28 -