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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. - 2 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. - T - 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. - 4 - 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 & - 5 - 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. - 7 - 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 -