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07-12-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JULY 12, 1971. The regular meeting of the City Council was called to order at 7:33 P.M. by Mayor Pro tem Robert Young in the West Covina Council Chambers. The Pledge of Allegiance was given; and the Reverend Charles R. Simmons of the United Methodist Church gave the invocation. unT.T. rAT.T. Present: Mayor Pro tem 'Young-, Councilmen Shearer, Nichols,. Lloyd Mayor Chappell (Arrived at 7:40 P.M.) Others Present: George Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City Attorney Herman R. Fast, Ass°to City Manager Richard Munsell, Planning Director* Bert Yamasaki, Ass°t. Planning Director George Zimmerman, City Engineer John Lippitt, Ass°to City Engineer Leonard Elliot, Controller Ross Nammar, Administrative Assistant APPROVAL OF MINUTES June 28, 1971 On motion made by Councilman Shearer, seconded by Councilman Lloyd and carried, minutes approved as submitted® CONSENT CALENDAR (Mayor Pro tem Young explained the procedure of the Consent Calendar and inquired if there was anyone present that wished to step forward and speak on any item? No one in the audience indicated they wished to speak.) , Councilman Lloyd: I would like to comment on Item 1 (e)o I am not -asking that it be called up, but I am very concerned in our referral to the City Attorney regarding mail order business licenses in the area of pornography, etc. I am sure this is not that, but let's look it over very carefu.11yl� Mr. City Attorney. Mayor Pro tem Young: This item will come back to the Council with a report? (Mr. Aiassa answered "Yes".) Is there any other item that any member of Council wishes to discuss? Councilman Lloyd: I notice a Resolution of the City of West Covina authorizing the execution of a grant deed in favor of the County of Los Angeles. What is that exactly? Mr. Wakefield: That is the Resolution.which would authorize City Attorney the conveyance to the County of Los Angeles of a portion of city property required in connection with the enlargement of the library. Mr. Aiassa: This was a part of the exchange to be made on the Pacific Avenue land exchange in connection with the freeway. Motion by Councilman Lloyd, seconded by Councilman Nichols, that Council accept,Items 1 through 5 of the Consent Calendar, as follows: CITY COUNCIL 7-12-71 Page Two CONSENT CALENDAR, to COMMUNICATIONS a) State Division of Highways - re California's Continuous Functions Classification Study (refer to staff). b) Mrs. Teresa Davis, 1505 Maplegrove Street ® Interested in Appointment to a City Committee. (Place on Vacancy List.) c) Dean R. Armstrong, 1544 S. Conlon Avenue - Complaint re Height of Neighbor's Hedge. (Refer to staff.) d) West Covina Ladies Auxiliary: Post 1776 m Request Permission to sell Poppies October 22m23, 19'710 (Staff recommends approval.) e) Carl A. Pierson, 3216 Valley View Street ® Request for Mail Order Business License. (Refer to City Attorney.) f) Wm Po Yeager, 125 No Citrus Avenue, Covina - A protest re Hearing Item LAD 71-76. (Lots 45 and 49, Tract 19862 ® 2551 Walnut Creek Parkway and 2546 E. Normao)(Refer to Bm2)o g) Jane Go Oakes, 3235 Virginia Avenue s Objects to proposed Realignment of West Covina Parkway. (Refer to staff.) 20 PLANNING COMMISSION SUMMARY OF ACTION OF JULY 7, 1971. (Receive and File.) 3. ADMINISTRATIVE ITEMS a) Freeway Widening Report. (Receive and File.) b) Burke, Williams & Sorensen Statement for Cortez Park Water Agree- ment ® $1,464.85. (Staff Recommends Approval.) c) Williams & Mocine Statement - Central Business District - $2,136 (Staff recommends approval.) d) Agreement with East San Gabriel Valley Hot Line for Fiscal Year 1971-72. (Staff recommends this Item be carried over until approval of 1971-72 Budget..) e) Proposed Local Street Closures and Detours for San Bernardino Freeway Widening. (Informational) 4. CLAIM FOR DAMAGES FILED WITH CITY CLERK a Automobile Club of Southern California - Claim for Damages on, behalf of Co Ho and I. M. Gordon (Deny and refer to Insurance Carrier.) 50 .ABC APPLICATIONS m CHIEF OF. -POLICE RECOMMENDS NO PROTEST: a)Ro E. Warner dba The Islander 11059 Mildred Street 2233 E. Garvey Avenue E1 Monte b) Robert Co Vander Hayden dba EDMAR ROOM 11415 Hallwood Drive 2804 E. Garvey Avenue E1 Monte Motion carried on roll call vote as follows: AYES:-Councilmen';Shearer, Nichols, Lloyd, :Young g Chappell; NOES: None b ABSENT: None RESOLUTIONS FOR ADOPTION Mr. Wakefield: If I may .comment with reference to Item 9 City Attorney of the Resolutions. That Resolution refers • to the parcels of property which the city is acquiring from Interstate Leasing Company, better known to you as Cal -Stores and I was advised this afternoon that the Deed to the City of West Covina covering the:requlred parcels has been mailed from Columbus, Ohio today. The City faces'a.deadline with respect to the certification of this right-of-way. If this Resolution is adopted this evening I would recommend that it be.not delivered to the State Division of Highways until the deed from Interstate Leasing Company has been received by the City and approved by the City Attorney as to forma Mayor Pro tem Young: Would you suggest that we delete this item from the agenda? 2'm CITY COUNCIL 7-12-71 RESOLUTIONS FOR ADOPTION Page `_Three Mr. Wakefield: I think it would, be in order to adopt the City Attorney Resolution and suggest that it not be delivered until the deed is actually received, and approved as to.form by the City Attorney. 6)RESOLUTION NO. 4395 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING GRANT DEEDS EXECUTED BY PETER BON AND JENNIE BON AND DIRECTING THE RECORDATION THEREOF." 7)RESOLUTION NO. 4396 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA ACCEPTING A CORPORATION QUITCLAIM DEED EXECUTED BY THE COUNTY OF LOS ANGELES AND DIRECTING THE RECORDATION THEREOF." 8)RESOLUTION NO. 4397 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA AUTHORIZING THE EXECUTION OF A GRANT DEED IN FAVOR OF THE COUNTY OF LOS ANGELES.°" 9)RESOLUTION NO, 4398 "°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADOPTED WEST COVINA CERTIFYING TO THE STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, OF CERTAIN RIGHTS -OF -WAY ACQUISITION BY THE CITY OF WEST COVINA PURSUANT TO VARIOUS FREEWAY AGREEMENTS, AND AUTHORIZING THE USE OF SAID RIGHTS -OF -WAY BY THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES AND APPURTENANCES THEREOF." Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, to:r.w,1i. Ve- further reading of body of said Resolutions. Motion, by Councilman Lloyd that City Council adopt Resolutions as read with the exception of Item 9 subject to the recommendations by the City Attorney. Seconded by Councilman Nichols. Motion carried on roll call vote as follows: 9(Reso-Nos- 4.395, 4396, 4397) AYES: Councilmen Sheareyo Nichols, Lloyd, Young,'Chappe.11. NOES: None ABSENT: None ABSTAINED.Shearer (Res -No. 4398) (Mayor Pro tem Young turned the meeting over to Mayor Ken Chappell.) PRESENTATIONS: To "Operation Cleanup"Committee. Mayor Chappell: At this time Council will make presentations of Certificates of Award to various citizens and organizations of the Community for their work in connection with the City°s "Operation Clean -Up". I think the Committee should be commended, they did an outstanding jobs (Mayor Chappell handed out Certificates of Award to the following, explaining a little about each individual°s efforts to help make the City°s "Operation Clean -Up" a success: Ernie Altvater (Edgewood Press) Harold B.lackard (Blackard°s Service) Ray Burkhart (Covina Unified School District ) (Comm member) • Don Casler (Armor Realty) (Committee member) Virginia Clark (Committee woman and has since moved to Corona Del Mar) Bohn Dampier (Committee member) Tina Daniels (Committee member) (Realty Board) "John Eastman (WoCo Unified School District) (Como member) "Jake Jacobucci (General Telephone) Ben Kazarian (Kazarian Disposal-B.K.K.) Commercial Committee) Sandi Mask (WoCo Jr. Women (Committee member) Mr. Goins (J.J. Newberry m W.C. Plaza) (Commercial Committee) Tony Patazzola (tow truck) (Commercial) Paul's Hardware (Mrs. Hendrickson) (Commercial) .3 CITY COUNCIL 7-12-71 Page 'Tour Presentation of Certificates of .Award Betty Plesko; (General Chairman.) Oo F. Richert (Hydrex Pest Control) (Bee control at Mrs. Hedges in order to allow painting to take place) Mr. Frank Elliot (Sherwin Williams) Don Stevens (tow truck) (Commercial) Sunset Center Paint Store (Mike) (Commercial) ORGANIZATIONS RECEIVING PLAQUES for their help in providing workers and helping organize and coordinate: W.C. Jr. Women°s Club m Mrs. Franklin Dove, Preset (members staffed the campaign office) Covina Valley Chapter Women°s Council of NAREB (hot lunches for painters) Covina Valley Board of Realtors (Dale Colby) (Supplied paint for house) W.C. Police Law Enforcement Explorer Scout Troop 499 (Members painted house) Girl Scout Troop #128 m :Girl Sco.ut:.Troop #768 m Girl Scout Troop #700 Boy Scout Troop #437 Youth Committee, lst Church of Christ, Scientist (Mrs. Slayden) Mayor Chappell: These certificates and plaques are given for many months of work. They started roughly the first of the year putting things together so everything would run smoothly. The Committee members and all the people that participated should certainly be commended. Thanks to all for their assistance because without their help "Operat1an Clean -Up" would not have taken place. PUBLIC HEARINGS ZONE CHANGE NO. 454 LOCATION: 1809 East Eckerman Avenue PRECISE PLAN NO. 609 REQUEST: Approval of a zone change Ravmond Goett from R®1 (One Family Residential) to S-C (Service Commercial) with waivers for less than minimum lot width, lot depth, lot area, and planter width on north property line, and approval of a precise plan of design for a new 4,294 square foot building on a 10,001 square foot parcel. Recommended by Planning Commission, Resolutions Nos. 2342 and 2343. Mr. Munsell, Planning Director, verbally summarized Resolutions Nos. 2342 and 2343, reading conditions placed on the approval of the Precise Plan, and Zone Change Application No. 454 requesting four waivers. Need for request of waivers explained; slides shown and discussed. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 454 AND PRECISE PLAN NO. 609. THERE BEING NO PUBLIC TESTIMONY, FOR OR AGAINST; PUBLIC HEARING CLOSED. COUNCIL DISCUSSION, Motion by Councilman. Lloyd, seconded by Councilman Young,. that the recommendation of the Planning Commission for approval of Zone Change No. 454 and Precise Plan No. 609 be accepted as stated in Resolutions Nos. 2342 and 2343. Councilman Shearer: I am going to support the motion, but I will say as I did with the Blue Champagne Pools, if there was anyone here tonight opposing • this and no one speaking in favor, I would not. I would like to hear people speak up for what they are requesting, but since there is no opposition I will vote in favor of it. Councilman Young: It may be because he got to speak in favor of it about 1 A.M. at the Planning Commission meetingg that he is not yet here. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell. NOES: None ABSENT: None 4 CITY COUNCIL 7-12-'.71 PUBLIC HEARINGS - Cont°dm LIGHTING ASSESSMENT DISTRICT NO. LAD 71-76 - PROTEST HEARING 1971 and to Resolution of Intehtion on June 14, 1971 for the furnishing for certain street lights. This is Hearing Page - Five Mayor Chappell: This is a hearing of..protests or objections to the City Engineer's report dated June 9, No. 4389 adopted by the City Council of electric current and maintenance the time and place for the Public Madam City Clerk, you have the affidavits of publication and posting? Lela Preston: City Clerk Yes, I do. Motion by Councilman Shearer, seconded by Councilman Lloyd and. carried, to ..reeeive and fil6, . affidavits lof publication and posting. Mayor Chappell: Madam City Clerk, have you received any written protests or objections to the said improvement? Lela Preston: Yes9I have received two communications addressed. City Clerk to the City Clerk, as follows: "Gentlemen: Please accept this notice as our objection to the improve- ment and assessment as covered in the City of West Covina resolution 4389." Signed by W. P. Yeager, of 125 North Citrus Ave., Covina, regarding Lots 45 and 49, Tract 1.9862 2551 Walnut Crko Pkwye and 2546 E o Norma. The second letter reads: "This is to state the undersigned does object to any and all provisions of Resolution No. 4389 enacted by the West Covina City Council on June 14, 1971. As a property owner and tax payer I feel it is about time the City Council, City Engineer, including other branches of the West Covina City Government use fiscal responsibility when dealing with what they call improvement. Especially during this period when most property owners are being weighed down with the exorbitant costs of Government at all.leve.ls." Signed by John R. Miller, 1330 West Mossberg Avenue, West Covina. Mayor Chappell: Thank you, Mrs. Preston. Does anyone in the audience have any verbal. protests or objections or questions relative to this improvement? AA Me Gilmore Number 1 - Posting and availability of the 835 South Orange information. I came into the City Clerk's West Covina. office and found there was nothing available even though the posting had been done it was still in the Engineering Department. I.went to the Engineering Department and they said - sorry the Assessment Engineer is at Huntington Beach we can't give it to you. After about three days I was able to :l•cck. through the Assessment record, The total cost to the City was never made available and this I think casts some doubt on the legality of the situation when an affidavit was made that the information was available to the public and I assure you it was not and it was a terrific job to pull it out of the Engineering Department. •I spent about two days doipg it. I never was able to talk to anyone that could give me any irif'ormation on it. The best I could get was a long distance telephone number to call and when I called I found there was no one there either. I looked over my own assessment and found out-, it had gone up from $10. to $18.. and that is quite a jump in one year. I wish you gentlemen would review this in light of two things® I will give you a specific case of my own. Over the period that you have made a citywide street lighting district in. contrast to -the single districts before, first I was charged on my, property at a very highly increased rate because I was in no district before but there was a street light across the street and ®thaere never has been anymore light- • CITY COUNCIL 7-12-71 Page Six PUB. HEAR,INGS`eLighting Assessment Dist. LAD 771_76 ing placed. at all and I have been paying the regular charges since that time. Those charges have included charges for streets on which you do not have property owners to assess. As an example the area on Garvey Avenue which. is a frontage road and was never legally accepted as a, city street and you put up the street lights and. all 'the adjacent property there is owned by the State therefore you have charged this against a citywide assessment. That is just one -'incident. Also you have charged us for the cost for the lighting that went in. at the Civic Center and all the und.erground.ing that has gone in, that is all charged against the residential districts and they gain no benefit from it. Now to give you the cost figures that I delved out of this, although my assessment is $18. the land. immediately adjacent to me to the north is $211. Same size lot and, Apparently -the Assessment Engineer has based it on the fact the lot fronts on two streets. At the same time that is a State Highway. He isn°.t here tonight and I understand about a month ago he made some derogatory statements about me in this Chamber here and. I wanted to return it by telling him he should have been here tonight to make his own protest. But from all the data I can find in the Engineering Department ® $211, for a. 701 frontage on Orange Avenue is, I thinko completely out of line, This leads to another problem which is particularly frustrating to me and the staff knows about it. You have required the West Covina Hospital -to put up tremendous amounts of lighting on e parking lot in which there is no cars parked and that lighting is in violation of a city ordinance you have and the lighting is so strong that the street lighting is of no consequence at all. So there are details. These are particular ones that I am giving you in my area because I an concerned with them, but there are others citywide that have not been resea..rched by the people concerned. I a.l.so noticed in the assessment rolls they have two areas called 536 acres,, obviously an error but nevertheless that is what it says in the assessment rolls. One says it is public property and the other says it is assessed for $511. but 'they can't be found. So I think that you should carefully go over this very high assessment because the charges against the individual property owner are equivalent to a 50(� tax rate and I think it is important to the individual to know this and I don't think he knows it at the . presen.t time. Thank you. Mayor Chappell-. Thank you, that would questions? Mr. Gilmore. Is there anyone else like to speak in protest or ask ;ors. Helga Gray I have a question. From what I understand 30.5 South Lark Ellen in 10 years or so all of .Lark. .Ellen south of West Covina the freeway will be high. rise apartments. In other -words we will be forced out of our homes because the whole area, below the freeway will be re- developed. Why do we need new lights when we have adequate lighting now and pay assessments for the next 5 years when in 10 years we will be out of our :homes? The underground, installations will be fine when the high, rise apartments come in but we waon ° t. be there o So why are we paying for .-them? We a.re , paying enough taxes now to keep us broke without paying an assessment for something we don't need. I am very much against it. :Lowell :Poland I have a question, Is this going to be a 711 Truman :Place blanket assessment for all of this particular West Covina work or assessed against each property owner as an improvement? And number 2, if we are going to go for underground street lighting, let's go all. the way and put all the wires - electric, telephone, etc., underground. .Let°s,go the right way instead of halfway. Number 3, I .live in an area that has been improved.. We have our street lighting and I see no reason to pay for other areas, let them pay for their own, if they accept their improvements. Thank. you, 6 �1 LJ :7 CITE COUNCIL 7®12-71. gage Seven :PUB. HEARINGS: LightLnq Assess. Disco Lad 71-76 Art Lukins I talked to Mr. Rossitti on, this and he told 1153 South Meeker me by phone the only thing this assessment West Covina was, was a review. That there was .not going to be any additional work done or any assess- ments. I talked to Mr. Winters and he referred. me to Mr. Rossetti.. This is now contradicting what Mr. Rossetti told me. I would like to find out what is right. Mayor Chappell: After we close the Public Hearing your questions will be answered. Mr. Wakefield: Mr. Mayor, before closing the hearing I think City Attorney it would be in order for the Assessment Engineer to comment on the protests Made so the record may be complete. Pat Rossetti Some of the questions asked refer to under - Assessment Engineer ground improvements and maintenance. The general nature of the entire project is for maintenance and energy. 'there are certain areas iwhere I believe the City Engineer has requested that some undergroundi'ng be done. This will be one street here and there on one side, etc. and some median strips will be set with lights. :Each one of these are zoned and we have about ten zones and each one carries their own burden of costs of the improvements if there is an improvement in that zone. The total cost of the project ha,s increased. ,in all zones because we feel there is going to be a, rate increase and we want to have the 'money to meet it. The increase in the last five year period is due to adding a. tremendous number of lights throughout the City, which added to the cost at this particular time. When we add lights they do not all go in at one time. During the last five years we completed the full installation just about at the end, of the five year period. As far as City Mall is concerned that is a public building and that is included in it, and everybody is making a contribution to it. I believe this cost is about $60000 a year so everybody is probably making, a. contribution of 50t throughout the City. Councilman Nichols: Will you please repeat that Mr. Rossetti, because Mr. Gilmore made quite a, point with regard to the burden placed upon him because of his share in the lighting cost at the Civic Center G let the record reflect what his share is. Mr. Rossetti: His share would be just roughly about 35c4 for the year. Councilman Nichols: Or about 3e, a month. Mr. Rossetti: That's right and it might even, be less than th.ato The rolls, diagrams.and maps have been here in the Engineer's office° Usually some of them leave the maps and rolls in the City Clerk's office but she is not familiar with answering the questions and reading the rolls, etc., so it usually stays with the Street Su.perifitendent because when the job is confirmed that is where they remain for the next five years, except when we need them for extension purposes each year. Mayor Chappell: When did these forms arrive so the public could examine them? Mr. Rossetti: They arrived June 9th.o Mayor Chappell: There are two gentlemen shaking their heads and that is why I asked the question. .7 - CITY COUNCIL 7-12-71 Rage Eight RUB. HEARINGS., LIGHTING ASSESS. DIST. LAD #�71®7� ® - ��, 1 Mr. Rossetti: At the time the City Clerk received them she had to sign them and also the gentleman who referred to this/ I was at the City Ball when he was supposed to come here. I made a special trip out here to answer his questions and I waited until 2:.30 or--�3 o'clock that day. I am talking about Mr. Gilmore • Councilman Nichols: Let's clarify that again for the record. You mean an appointment was made for you to meet with Mr. Gilmore and answer his questions and you came to the City to meet this appointment and you came at the time stipulated and he did. not keep the appointment. Mr. Rossetti: He was not there. Councilman Nichols: He is shaking his head in the back of the room and I think this should be clarified for the, record, Mr. Mayor. Mr. Gilmore will you inform the Council as to what this confusion is. You are a citizen of the community and you have indicated to the Council that you have not been given a chance to explore this assessment or get the informa.tiop".to which you are entitled and the Assessment Engineer tells us he came up here from ::Manh-a,ft,.:a,n-, Beach specifically to meet with you and answer your questions. Now one of you is incorrect. Let's find out who it is. Mr. Gilmore.- Unequivocably no, there was no appointment ever made and I was never given .the total amounts nor the map. Councilman Nichols: Were you __ever invited to keep the appointment or meet with Mr. Rossetti? Mr. Gilmore: No.) sir, Councilman Nichols: Mr. Rossetti, who called you and. invited you to come up to City Hall and meet with this gentleman and 'answer his questions? Mr. Rossetti: Mr. Mac Winters said Mr. Gilmore would be in in the afternoon and if I were there it would be better.fo.r me to explain the assessment to him. Councilman Nichols: Mr. Winters called YOU/Mr. Rossetti a.ndjMr. Gilmore) you state Mr. Winters neve� did arrange such an appointment. Mr. Aiassa, I think we have a very significant problem that should. be resolved Yor at least one Councilman, because we have a citizen who states he was never contacted and. an Assessment Engineer who states that he was. The Council is obviously unable to form a judgment with two diametrically opposed statements. Mr. Aiassa: I believe the person he is referring to is. Mr. Mac Winters in the Engineering Department and Mr. Zimmerman will check it out. Councilman Nichols: One question. What is the average increase • if you can strike such a. hypothetical figure what is the increase for -the West Covina homeowner for the next five year period, m from what to what? Mr. Rossetti: Using a 701 lot as a basis it will be about $3.50 per year increase for five years. Councilman Nichols: Is that locked in for the five year period? (Answered "Yes08) Has it been constant for the last five year period? (Answe.red:"Yes that is right.) The figure being set then will be a commitment from the District to establish their rate at a. $3.50 average over a five year m 8 u CITY COUNCIL 7-12-71 Page :lme-:: PUB. HEARINGS: LIGHTING ASSESS. DIST. LAD #71-76 period for lighting? Mr. Rossetti: Yes and that is purely, for residential. Councilman Nichols: Yes /I understand. What I am trying to determine is the percentage of increase and if it is a realistic increase. What is the average for is that same .lot today? Mr. Rossetti: About $17.00 a year. Each year it will go up $3.50 per year. Councilman Nichols: It is up $3.50 and it will remain constant over the five year period.. The point I am trying to make is if we would extrapolate the increased cost that we have faced in the lives of all of us in a five year period taking any base rate and projecting it out on a five period - our groceries, our automobile prices, you name it and in the past five years they have gone up from 20 to 25%. If I could have held constant on my property taxes for the past five years and then get a commitment for a 25% increase that would not increase over the next five years I would consider that in this day and age in America0. with what we are facing today in our country, a pretty good price. What I am trying to say is it sounds like if you are paying $16. or $17 and someone increases your rent for $3.00 that is quite a bit and it would be for one year, but that --ratt is being established as a constant over a five year period. So if that is the commitment and there has been no increase over the past five yeafrs then I would say.this lighting district in reviewing its cdsts,iand projecting the future is making a very reasonable adjustment inde:ed.'.in the rates. If that is incorrect and there is information different than what I believe I hear then I would make a different conclusion, but if in fact it is goingup $3.50 and will remain unchanged for the next five years and has been unchanged for the past five years then I have no objection to it at all. Councilman Shearer: Roughly, Mr. Rossetti, what percentage, speaking of the homeowner, is for energy out of the $18.00 1 pay - how much goes for energy charges? Mr. Rossetti: Practically all of it is for energy. Councilman Shearer: In other words if we vote this down the lights go out in the City, Mr.o' Rossetti: That:'.is right. Councilman Shearer: Okay, so we are not then paying for underground street lights in front of my house if they were going in there, is that correct? Mr. Rossetti: That is correct. Councilman Shearer: The explanation that is posted 411 over the City on the poles should be a little clearer because I had a number of calls saying "what are you doing?" I think some of the concern of the people here tonight would have been alleviated if that card was clearer. I don't think it mas_cl,.ear in terms that anyone could really understand. I think if we had made a simple statement saying this is to pay the light bill in the next five years otherwise the lights go out in the City, we probably would have cut the time down on this hearing. In regard to Mrs. Gray and the high rise apartments, this is a matter of zoning .really and nothing on the 9 CITY COUNCIL 7-12-71 Page Ton_ PUB BEARINGS-. LightiM Assess. Dist. #k71-76 City°s Master Plan shows high rise on'South Lark Ellen and there are no new lights proposed. Is it true/Mr, Rossetti, that there are adjacent lots in the City that vary as much as $18.00 to $211.00 as Mr. Gilmore indicated? Mr. Rossetti: The rates are established for the various zones and the only time you would get a raise is if you go from say a 4,000 luminous light to a 11,000 or 20,000 or 350000 and that would put it in a different zone. There are some areas Where you have 11,000 luminous continually down the street but part of the area is zoned residential and part of it is commercial. Where you have the residential there is a residential rate but where you have commercial it is a commercial rate. Councilman Shearer: So the difference could depend not only on .lot size but the zoning and the intensity of the lights on the street. Mr Rossetti: Not the lot:.size but the assessable frontage. Councilman Lloyd: Mrs. Gray, if you would like to enlighten yourself I think you will find that Mr. Munsell°s Department is most cooperative and they would be delighted to furnish you with a copy of the General Plan of the City and the only reason I am suggesting its,along with what Councilman Shearer said, is that what you stated was totally a misapprehension. It is not true. ,Mrs. Gray: I couldn't understand why we had the notice right in front of our house. Councilman Lloyd: That notice was put out throughout the City and I am sure if you go to Mr. Munsell°s office he will have a copy of the General Plan of the City and also explain the intricacies of how that plan came into being. I would like to point out that your best interests in your home are fairly well safeguarded, nobody is going to do anything until we have public hearings, etc. Mr. Rossetti: There is nothing planned in that area. No undergronnding. It is just the renewal of the present district for another five years. Mrs. Gray: That is what I couldn't understand because we have good lighting. Councilman young: I will second Councilman Shearer°s comments with regard. to the clarity of the notices because I have had many inquiries likewise. My understanding, Mr. Rossetti, is that this increase is almost entirely based on anticipated rate increases by the utility companies over which we have no control for residential. Mr. Rossetti: yes,that is right, also to create a surplus and a contingency for this purpose. iCouncilman Young: And a.., neglig1ble amount is for capital improve - meets in the sense of undergrounding and adding additional facilities? Mr. Rossetti-: YesJ that is right, a, small amount of it. Councilman young: I think Mr, Gilmore made the comment stating that this increase amounted to an increase of 50(,' in the tax rate? ® 1.0 CITY COUNCIL 7m12�71' - Page Eleven PUB. HEARINGS: LightiAssesso I)t�##71®76 Mr.:Gilmore: If I may explaiih that I, will tell you how I ,.determ ined:it. I inypected the tax bill of the previous year which was $16R00.and the'tax bill for the new year on a 70 ° lot is $18000 and that s::Where I gent the difference. Councilman Young:; You calculated that as equivalent to 50� per $100o00''i6trease in your taxes? Mr. Gilmore: Yes, I.: am basing that on last year when I paid $'10 00 grid .this year the assessment is $18o00-and., that is a little bit more than 50e,0 Councilman Lloyd: Has the Zgpinq"on your property changed any? Mr. Gilmore- No, I'wish'Atwere but it has not. It is agr�cultufeo Councilman Lloyd: Are npt.yaz}.located;in the industrial zone? Mr. Gilmore: NoB' ,I :am norm. ' -I am in the deep lot area. You have aft?;o`n the Master Plan as. OmP but in' applice°tier to' -the -City we could not get O-P Councilman Lloyd: .In other words .you came in and applied for off ice®- profes,s onal and you ,were turned down. Mr. Gilmore: Yes Councilman Lloyd: Thank. °you' very much. Councilman Nichols: Mro A6,5siatti-, As..�there any lot in the residential zone. `tbat; t duld b6 increased from $10 m 60 to $1800b,, kith a'. 70 ° 0 or. 751 frontage? Mr. Rossetti: ,'Ther6,might be some° The reason for that is th�:'s assessment .has been refined. As the as.se1gsj e6 � " becomes a little more expensive we refine the assessment. For,ins a.x 6ej you . have a group of lots 74, 70, 73, 75.0 72, 71 and so normally` we would go through and take the lowest amount - 70 1, but at the present -time' we havetaken almost the actual t frontage the -,lot '- has to ap:i 'a p the,:.extra frontage so we can keep the k rate as low as possible. Gene r�f y .peaking. ,when you have'the entire -city in a zone andthen you ';corns : through .� second time and you expect a rate increase and other irncre.ases'.due' to improvements, then you refine your assessments and in this ,'case you_' aright pick up a. $1 m 00 or $2 0 00 more Councilman Nichols: You ndiC ,ted'-the average assessment in the City was'. ix cre ed �$ 3.50 per year and. this gentleman indicates .,he... has gone up $8000 a year and that is a. ,'significant figure.This ; is;,,, 260.E on the average increase yet he is 'irita residential area and. he ndi:cates .his lot size is Jnpdes° m Why would.he suffer that type.of increase compared to an average in the community of far less than that. Mr, Rossetti: There..wai'one other increase and that is corner l.ots,5 ;Previously, when. we first started the first five`ye:ar`.period we knew it would be five years • .. before we, completed all our lighting .installations , so at that time we did not pick the sides of the .lot providing they were over, 23.ay, J00 e e Some lots.were over 200° in d,ep°�h0:: but.this time we have picked up the frontage plus.the side. So if j t.14�a corner lot with depth ... Councilman Nichols: Mro Gil -more• s your lot a corner lot? Mr. Gilmore: No, i�t.:ie ' not a corner loam The corner lot is the owith.the $211000 assessment® r{ s L� CITY COUNCIL. 7-12-71 Page T*ekve PUB. HEARINGS: Lighting Assess. Dist. LAD 71-76 Mr. Aiassa: Mr. Mayor - we could spend a whole evening on this.. I think we should set up a time for Mr. Rossetti and Mr. Gilmore to meet and discuss. Councilman Nichols.- Yes/ but that would require that we hold this matter over because the Council is not in a position to make a decision. Mr. Aiassa: Unless we take a, recess at this time and Mr. Rossetti can then discuss it with Mr. Gilmore. Mayor Chappell: Council will move to an .Executive Session on personnel, and call a recess for the audience so that this matter might be cleared up. COUNCIL<:REC.ESSED AT ;. 0 5' ?o M ,,FOR,."EXE U.TTVE; .SESSION :.' :,CO�TVCIL RECONVENED AT 9 0 05 P o M. Mayor Chappell: We have not closed the Public Hearing, is there anyone else that would like to comment? Mrs. Bert Bergman I would like to say that on the 6th of July I 426 South Leaf Avenue made a call to City Hall and asked. the West Covina operator what Department could give me some information regarding the posting of notices of the public hearing. I was referred to a. Mr. Winters in the Engineering Department and in less than a two minute conversation he made a very clear, informative explanation of what the hearing was about and what the posting was. Much less time than it has taken here and much clearer. However, with the discussion as it has developed there are two questions that have come to my mind that I would like to inquire about. I was given, and I believe the price was 80(,' as the assessment per foot front without any indication that any assess- ment was to be given to the side footage on a corner lot. If this is in truth a fact that it is only :the front foot to be assessed. then I would ask the City Council to consider that an additional assessment for the corner lots would seem to be inequitable in view of the fact it had never been taken before. Also the discussion on the explanation was that .the assessment was not by street, as to the type of street - Azus,a Avenue or an inner residential street, but by the type of use and if in effect that is not so and it does go by the type of highway as opposed to residenti.al,I would like to say that the residential or the zoning use would seem to .be more equitable also. One question that could not be answered for me at that time other than the fact it did not have anything to do with this lighting district was in reference to approximately'a year ago a discussion at City Council level, on the undergrounding lighting by some type of a legal act would sometime have to be placed in all sections of the City. May I have a clarification as to whether any part of this assessment district does in.effect bear this out at this time? 'thank you. Mayor Chappell: Mr. Rossetti) would you like to step to the microphone and. answer her questions and also comment on your discussion with Mr. Gilmore. Mr. Rossetti: We had a discussion with Mr. Gilmore. Apparently my figure of. $18.00 was correct and he claims $10.00 but I don't have the roll for the last five years with me-, however he has a. 751 lot by about 2301 depth and had he been charged at the .rate of 30�_' per foot for the last five years it would have been. $15.00 and the increase from there was to $18.00 which was what we were talking about® When heat .lked-z-'ab"oizt-�-:'the other $ 211 a 00 assess- ment that is regarding a 751 depth with 2301 frontage on Garvey Avenue 2_ CITY COUNCIL 7-12-71 Page '.Thirteen PUB. HEARINGS: Lighting Assess. Dist. LAD 71-76 and that is going to get the.new type of lighting from 4,000 to about 11,000 luminous and it is moving from residential to another type of zone. His amount of $211.00 was tight but he thought it was still a residential zone which it is not. It.is right across from the hospital. Councilman Nichols: $211.00 a year for lights for a vacant lot? Mr® Rossetti: Whether a lot is vacant or has a building on it the lighting is there. Councilman Nichols: That is very true but the assessment relates to the value in some fashion or other or is it strictly a footage assessment? Mr. Rossetti: And also the zone has changed. Councilman Shearer: It is correct then that the assessment is based strictly on footage, front and side? Mr. Rossetti: Yes.. Councilman Young: What is the increase involved on that parcel? Mr. Rossetti: That would be considerable. I don't have the old figures®,that is on the other rolls. Councilman Young: So the.front footage concept is a new type of assessment? . Mr. Rossetti: Yes; when you get the new type of lighting and I believe that is going to be underground also because it is part of the improvement along the freeway. Councilman Lloyd: Did we have a protest from this owner? Mr. Gilmore: No, I just quoted it. I am not the owner of that.propert.y. Councilman Lloyd: You were just bringing this in as ancillary evidence? Mr. Gilmore: Yes, He'is not aware of it. Mayor Chappell: Mr. Zimmerman�wh.ere are we going underground? Mr. Zimmerman: There are several areas that Edison Company requested the City to install underground wiring and they would take down the overhead. One area is on Azusa Avenue, generally in this five year4efrom Francisquito -through Azusa all the way up to Workman. Th.e main area is.a,.long the freeway in connection with the freeway widening. Most of the lighting standards along the freeway have to be setback anyway because of the moving of the frontage roads and in doing that we ..thought we would get a small rebate -available from the State from what they would have to spend to set the light standards back and add that rto the undergrounding monies from the assessment district thus just making the one move from close to the freeway to undergrounding further back'° There are several other minor locations where a few standards are being moved on Citrus, Barranca:,_,etcm Councilman Nichols: What will be the hosts for the residents that abut on Azusa Avenue? Mr. Zimmerman: There are no direct charges to the property owners, The only time there would be direct 13 CITY COUNCIL 7-12-71 Page Fourteen PUB. HEARINGS., Lighting Assess. -Dist.' No. LAD 71-76 charges would be if a special. undergroundin.g district were established, In this case the costs are being borne substantially by the Edison Company and :somewhat by the City and none for the property owners. Councilm an Lloyd: Mr. Rossetti) did you answer Mrs. Bergman°s questions? Mr. Rossetti.. I answered one or two in the back, for her, but I didn't hear what she said at the microphone. Councilman Young: One question is whether or not the new assessment also makes a charge for side footing as well as front footing? Mr. Rossetti: Yes)itdoes but only to a maximum of 141 of side footage. If you have a lot 50 x 100 youwill pay for 501 plus 141 for the side Councilman Young: How do you determine which is the front and which is the side? Mr. Rossetti: Well,,you usually pick up whichever way the lots are facing. Certain lots come up to a main street and the side of the house faces the side street. Councilman Young: Is it by street address? Mr. Rossetti: Street Address ® generally speaking .is the way the house faces. The majority of the houses in that area are, facing the ,street. Councilman Young: Does front footage G generally .speaking is that the ordinary condition? Mr. Rossetti: Yes. :I might add onerhing to this and that is some of these places where we are discussing lighting going underground, the highest assess- ment I have is about $1.70 per foot and that is a„large underground at Barranca and normally that goes about $8.00 a foot so these people are really getting a pretty good assessment for what they are getting. Councilman Young: How many :situations do we have throughout the City like the one Mr. Gilmore brought to our attention, where an assessment has increased many fold? Mr. Rossetti: All along the freeway, not all of itJ because some do not have lights and some will be cancelled out by the freeway widening. But all those areas that remain, a frontage road will change from 4,000 to 11,000. Councilman Young: Will they receive increases in, comparison to what Mr. Gilmore brought to our attention with respect to his neighbor? (.Answered: "Yes".) If you can, will you please approximate how many property owners will be involved with this drastic increase? SMr. Rossetti: Maybe three or four hundred. Councilman Young: Is the only notice that these property owners receive the posted. notice and then they would only know specifically what was happening if they took the trouble to call up and find. outs Councilman Lloyd: It was also published in the newspapers. 1_4 o CITY COUNCIL 7-12-71 Page Flf.t�en PUB. HEARINGS., Lighting Assess. Dist. LAD 71-76 Councilman Young: All that tells you is that there is going to be a hearing but you don't find out what your increase -is unless you call up and in- quire. Mr. Rossetti: That's right. ' Councilman Young: So we are probably dealing with the usual apathy of people not bothering to inquire. .Mayor Chappell: We thank you, Mr. Rossetti. I will close the hearing at this time. (Councilman Young asked that the hearing be held open for further comments from the audience after hearing Mr. Rossetti°s comments. DARING .REOP.ENED o Mr. Gilmore: I would like to make a clarification on a couple of points. 1 m The $211000 assessment I think is an isolated case. What actually happened along the freeway widening is.that most of the adjacent properties have been condemned 'by the State and so they wouldn't come up here. This I am sure is an isolated case because the frontage road dips away from the property. What I would suggest to you if I may/ is that some of these be taken up with our own Engineering Department and cleared up when 'they are obviously an injustice to a. particular property owner. THERE BEING NO FURTHER PUBLIC 'TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: I am not doing to vote on this assessment role if it remotely approaches three to four hundred parcels getting an increase from $200 a year based on a posting on a lamp post or a notice in a. newspaper. It sounds like a very inadequate way of informing people they are going to be stuck with what I feel is a great increase in assessments. I would need to be reassured to a far greater extent than we have here that these people had in fact had due process. Many people won't think of lots and improvements being made by the City from seeing a posted sign and if th-&-only way of knowing what is hitting them is something tacked on to a telephone pole or something printed in the West Covina Tribune then we certainly haven't done our job to the community and this kind of an increase in a tax rate would warrant a far greater attention on the part of the City than what has been done. If that is not correct, if it is only isola.fed ones and there is an ethical way) legitimately of adjusting these assessments and we can move ahead and establish. i�but .ba-Eed on: what Mr. -Rossetti has said to me I would like to know a lot more about this before authorizing. Ma:yQr Chappell: Mr. Zimmerman can you throw any light on the statements j1t brought up by Mr. Nichols. Mr. Zimmerman: Mr. Mayor and, members of Council there are some Locations along the freeway whe ?e there has been a change in the lighting zone. The lighting zone is based primarily on the amount of light presented by. �• the facility along the street. Some places we go from a 4,,000 low in a residential area to a 35,000 in some of the downtown business areas and there is a series of about ten zones in the City. Now I think what has happened in some of these cases is that in changing from the lower lighting levels existing along the frontage roads to the more intense lighting provided. with the underground facill.t.ies) there ha.s been an increase mainly due to the change of zone and this is why there is a substantial increase in the rates to some individuals along -the free- way. If Council wish.es)we can make a more detailed study on this and bring you a further report on it. 15 CI'I"h' 'C6UNC1L 7m12 .:71 Page sixt_jcn:. PUB..' HEARR1NGS : Lighting_Ass�ess �Do�'st ' #LAD 71-76 Courc;ilman Young Mrm MyorD -,'at.question° Do we have .a procedure like -at ti?e.;; County level? When.I am, no of the: dollar amount-- of my taxed I have a,right to go. down' and., protest to 'the County Supervisor °.a Hearing Board and adjiistzhents may or may not be giiaeie o Is . that the case an this lighting d'istrict,7 Mro`.Gilmore ce:rta�nly made a very valid suggestion .that we •conduct'.our business. and leave.the,.door open fo.r the individual who feels severely ;lmpos,ed upona Do we have"th'a�t kind of a.procedure in the City?- Mr; iWakefield: Where is, n®. such, procedure provided within the City Attorney limitaticns,of.the Street Lighting Pict under which�theee,proceedings are .being conducted. "What you have before, you tonig' ht is the report of the City Engineer and: -the _,consulting Engineer prep'a ed pursuant -to the Resolution of In:tention,.to order the formata_on ` Of ',the distract for a five .year p6riod..together with the d.aagr;am`,and the assessment and .these map books.thatMro Rossetti. had .in his hands are the actual assessment ro•lesm That role has been ,prepared by the Assessment Engineer and is 'adopted by.Resolution. If the resolution is adopted)it in effect confirms those assessments ion: that, role and those assessments will be levied on the properties within .t.he`D strict for the next year and pro;c.eeding five years unless Changes are,. made by the action of the Cit.: Council o Y'. _. . I would sti.ggest that in the light of the pro- test S.made this evening that:the protests be referred to the consulting ,engine er.` for a further report,' -'particularly with reference` to the. items raised. i,n, the. discussion .and thatthis matter be continued for further action at.,your, ;next regular meeting Council an Young May •i: .comment a bit further, Mr. Mayor? I am certa h1 prepared to. make a motion along that line:,o.r pehap'e Couiicilar� Nichols would lake to ;make.. the rnotibn in light of:. his;, earlier comments. It would appear ..that'' these, assessments along'.` the,,free:waay are for the benefit: of the freeway'and not .part icularly:.for,•the',,ben.efit* of the property. I see Councilman Shearer ' shying °°no." o Councilman.She are.ro I think "':you will find,Councilman Young, that the lights inttalled for the purpose of the freeway, are installed completely 100% at the expense ofthe •taxpayers through the Gas `lax Funds by the State The lights we. are talking about is notbecause of the freeway.. I think 'if you waitto protest. your taxes .until you find out -how much they .are) it .is too. la-teo The .protest period is over several months before you get your tax -bill. Mr Aiassa: You can't protest your. taxes, you .can only protest Your assessed valuation. Councilman. Nichols.I think ian J.,ndavidual has a parcel of land in f, the City and it clearly can be demonstrated that land lies :in a zone and I don °,t` mean a . lighting zone •bu-t .'a zone that gives it a higher and ]getter :use than a;, residential, use then. it is, 'appropriate that its lighting w en ins•talled.would.be.commensurate with that type of zone. My only point is'that when the City prepares to make major changes of that type that' -we would notify the individual in writing that we consider this land has,a certain. use and. we. are going to have a hearing `on it. It seems to -:aye - f"'e .were upgrading the assessment on a parcel of.land because of 'the lighting that we are saying in someway that this. -land has a�higher.a.nd better use than it has had so.far or at' least that we ire recognizing that fact. Now to increase that assessment in.:a review of the assessment district without making sure that the owner Is.' notified of that fact and to sett up a procedure where he .might .only learn of at after the time he might have appealed :fit I think is a'highly undemocratic procedure. I say tl'a.ek'ang"a notice on a telephone pple, in my, judgment is not adequate no i ce o CITY COUNCIL 7-12-71 Page Seventeen PUB.. HEARINGS,- Lighting 'Rsses's Dlsta . # LAD 71-76 Councilman Young Do you thi k it is adequate, notice for example if we tack it., on the telephone pole and had a hearing aid then deferred it for a couple of '.weeks? There isn°t.even' `a newspaper reporter in the audienceb _ Councilman Nichols : Welly I 'have reservations o There have been a number of`. eople that have contacted me in ' the'`past week .or ten days'and,have.asked me in various ways what all these notices were and incredibly I'didn°t.know and I am an elected .Councilman and I couldn't say.. I-,said,4well I think they are going to put mercury lights on your stree.o which is totally erroneous, which adds to my stature. in -the community I think when?the Councilmen whothese questions.don°t.e.ven. know, that obviously the matter of informing the public has not. been adequate° To my knowledge there has not been an article in the newspapersB there hasn't been any promotion of any public speaking on the`subiect notifying 70,000 people that the .6 years is up and it is time to re'v.iew these costs and whose getting -hit 'arid for what? And ' .it is not enough to atone for this by teck-ing signs on telephone poles because t'here':'are many people who own valuable pieces of land in the City who do not live in, the City and don't get that word and don°t.read the'West Covina Tribune. So I say I don't think we have done an adequate job and I think we. need to do a better. job.' I think we have to :,fired out who is getting hit badly and let them.. know, they . are ...getting , hit :,and , why. . If I can assure myself as an elected representative,that"they are being assessed reasonably for the'>benefits they are going to .receive' then I' can support this but if not, then I can ° tm But. I don't -have enough information to vote, let alone ,the people that own the,:property,and are getting assessed. So I still am not.going to this o Gounc,ilman.Lloyd: I concur to' -tally with Councilman Nichols°,.`no•t 'hat., he � s uninformed but that he is no more _,., . informed than ,any of the rest of us.. While I don°t feel that Mr Rossetti zs;tryng, to put anything over on the people of Nest Covina, I think itis incumbent upon this.legislative body to ,exert additional offo,rtand'.I'think we are in debt to our frib nd m Mr. Gilmore, even though he was pleading the case for another..' individual.. I think at' -the ­present time that no one is going to suffer if we hold this off and try and find another method or way -of notifying this to the people that,they are going to pay anywhere from $ 3 a 00 °to $200 0 00 a..ye'ar more in taxes for the lighting district. It -may well be that we are ,,going to impose the District anyhow but at the present moment.I.'.don°t think the people have been adequately represented and I�too �will.support a motion to postpone at the present momenta Counoilm.an Shearer: Before we sort of let this drop I think we owe it, to somebody to, say:how we are going to notify these people of specific increases .:so they can come dowry and protest. We should discuss how we are going about it® What kind of an increase is going to get a special mailer? Are we going to have a citywide mailing to everyone saying come out and review your position or'on,a percentage basis? In which case if it is a, 50/ increase)Mx..,Gilanore. would' get' a notice because it went from $10.00 to $18000 I think, maybe we are embarking'.in an area, while i maybe it sounds great, but how'do we..implement? How do we get the word to these people? Are we 'going 'to` pick out a dollar figure, a percentage increase, or just put an ad in the paper?, Councilman Nichols: I think that is •a reasonable question. .From my. point ;ofview I don ° t think I could reepond:,As.a Councilman until I saw some of these facts a.nd figures°. I, think.. whet- we really need as a Council, is a little more of a breakdown as.to what .these assessments really are. 'We have had ranges ..that tells '-a.bout $ 30 00 to $ 200 0 00 with the average parcel in West Covina between $3.00. and.$3.50o 1 would not • `'CITY.COUNCIL 7®12®71. Page ;EIgh.t:ee.n,, PUBLIC SEAR:. Lighting. Assess. Dist.. LAD 71®76 feel .in -any sense that .the Councrl needs to send a letter to a cititen'that,says after five:`ye.a..rs we. are going to raise the rate on electricity $3,00...1. I think :that is a reasonable thing. Obviously ,the' increase o.f $200000. on a parcel is a .very substantial increase and.that person should -know wahyand personally receive word of it and have the opportunity to,questi:on it. ,Until we know where this spread lies, how .many .people .are in bet.ween., I really can't say how they should be.: notified° I can say.I. know .some people should be notified and J would.:like.to get a better breakdown of who is paying what increa e.before I vote on it.. So all I am asking for is a breakdown .on how they fall.in the°various categories, Councilman Shearer: I will`go. along with that. Councilman Young:. My understanding of what Mr. Rossetti said he talked about the average increase of $3.00 for the residential landowner,and I gathered then that the big increases comes to the nonresidential owner,, which would be the commercial. Mr.�Rossettio The,.commercial areas and those that are going underground. I might add that only those properties that are commercial along the freeway have been raised, the others still get ,the residential. rate.'. Councilman Nichols. -All I know pie, .have asked questions -over a period,of an hour or better and I got a statement from you that there: were three or four hundred parcels involved which is,a very large number, probably extending beyond everything on the frontage.roado So I don't know what I am talking about except that J am being.`asked.by those responsible for this to vote this assessment on the ei-tizens at'a time when I don't know what I am looking foro.'It is a very.,reasonable response to say I need more information. 'When these thins are routine or the establishing of new districts, etc., , and when I have information that I think I can justify but frankly I am a little bit, ptqued, not at you or Mr. Aiassa, but maybe at both of you, that we got a:big district getting underway her.e'and citizens are calling and asking me about it and I didn't have: any 'information about it , at all, Mro.Aiassa: Well you didn't call me Councilman Shearer-. Not .to brag but when I got my first call I called the City Manager and became informed. Motion by .Councilman Nichols..that this matter be held over to the next regular Council meeting and in light of the discussion that additional qualified reasonsbbe furnished to the Council. Seconded by -Councilman Lloyd° Councilman Shearer: Mr. Wakefield o City Attorney in and protest that has to do that. At that time will we entertain reopening the hearing if it is deemed necessary? M.ro'Mayor and members of Council,)I think it would be appropriate .to reopen and continue the hearing and then if anyone desires to come not been heard they will have an opportunity Councilman Nichols: My motion will cover thato Councilman Lloyd: I will second that. Motion'carried. Mayor....Ch ppell_:_..: The chair reopens the. protest hearing for the Lighting Assessment District No. LAD .71-76 and continues it to the next regular meeting of City Council. CITY' COUNCIL 7-12-71 Page Nineteen AWARD OF, BIDS LEGAL ADVERTISING FOR The.City Clerk advised bids were FISCAL YEAR 1971-72 received in the Office of the City Clerk on July 7, 1971, at 10:00 A.M. and were reviewed and found to'be.valid bids. Two bids were received as follows: West Covina Tribune (A'weekly newspaper) $2m02 per column inch, 1st insertion $1.88 per column inch, subsequent insertions; San Gabriel Valley Daily Tribune $3.68 per column inch, lst insertion. $3.55 per column inch, subsequent insertions Councilman Lloyd: Mr. Mayor, a question. Madam City Clerk are the.se:two papers owned and operated. by he same organization? (Answered "'YesO) In a legal entity could we describe this as a corporate body which is separate? Mr. City Attorney--I.happen to know that these papers are published, owned and, operated by the same people and fall. under the same corporate. body. Does that constitute an actual bid? Do we have two bids from one company, or two.bids,from two companies? Mro.Wake.fieldo We have two bids. One for publication in the City Attorney weekly,:nextspaper and one for publication in the daily newspaper. Councilman Lloyd: corporations or do we Mr.. Wakefield: City Attorney Councilman Lloyd:, No, Mr. Wakefield, I am not asking whether we have a bid.from a weekly or a daily. I am -asking . i,f we have two bids from two separate have trio ..bids from one company? We,have:two bids from one company in the sense that both,newspapers are owned by the same corporation. Does'that constitute a bid then? Or is it a bid by one. company? Mr. Wakefield: Both papers are adj�Aicated newspapers in the City Attorney sense both are qualified to carry legal advertising originating within the City of West ' Govina and in that sense,we have two separate bids. Councilman Lloyd- The only point I make is (.end it is very clearly evident we are not going anywhere but In the Tribune because we, always take the lesser) bu,t:.'-. I would like to know is the extent of .the publ.icatkn in the West Covina Tribune? Does that gel into my home? I already know what the answer is, does anyone on staff know? Speak up, somebody. Lela Preston: It is_a subscription paper. City Clerk Councilman Lloyd. Question .does that get to my home? Do you know .or don -,It -:-you know? Councilman Young- We don°t know if you subscribe to it. Councilman Lloyd. y You cannot.subscribe to.ito It is not required, q Councilman Shearer- I don°.t.know whether you get the San Gabriel Valley.Daily Tribune. Councilman Lloyd., Yes, I do and. that is the key. If you get the San Gabriel Valley Daily Tribune you do not get this paper inyour home because it is a throw away and delivered only to those areas that are not normal subscribers. Is that correct, Madam City Clerk?_ 19, m CITY COUNCIL ` -12-71 Page T.'*ent'.y AWARD OF BIDS., Legal Advertising Mayor Chappell: Yes it was when my boy delivered. Councilman .Lloyd: Yes it is correct. So the answer is we are going into a publication with the very problem. we just faced., we are publicizing in a newspaper that in all rea,lity.is not delivered to any of the responsible citizens of the community. Councilman Nichols, This is.a very important point that you are raising but is it legal requirement - we go through the motions of meeting legal require- ments. Councilman Lloyd: I don't know. Mr. Wakefield can answer that. We have to take the lowest bid, I presume. Mr. Wakefield: Perhaps a bit.of clarification with respect to City Attorney the statutory requirements with .respect to legal advertising. The statute requires that before a paper may be legally approved to carry legal advertising it must be an Lid �amd newspaper,. one of general circulation, published within the City in which the advertising is to be carried on. The West Covina Tribune and the San Gabriel Valley Tribune are both wdjadicbt:�dnewspaperso While the statute requires that a, City solicit bids for legal advertising there is no requirement in the law different from most other bidding statutes which requires the city council to award -the bid to the lowest bidder. You may take into account what you consider to be other relevant factors such as the ability of the newspaper to provide notice to the inhabitants of the City and other factors of that sort which are based primarily upon the circulation of the newspaper° However, you are also entitled to consider the cost of the advertising and you may accept the lowest bidder if you desire to do so. Councilman Lloyd: Well this is something I bring up every year when it comes up and I am still bringing it up because I feel there is an unfairness that occurs. I honestly believe since the commercial rate for the movie industry is $2.20 per inch in the daily newspaper I don't understand why it has to be as high when it is g0jud_ic1a.tPd,Perhaps they print it in some different way. What I really would like to have is have the staff go back to the Tribune and see if we can't get some sort of a, situation where we recap for instance the publications such as the widening of a street, the lighting districts - which is a perfect example. Everyone up here frankly .admits they didn't know what was going on. And yet the largest source of information and the method of distributing this information is a newspaper which in .reality is a throw_mawayo I don't care if it is called"a.d-tidicat•ed`j or what, it is a throw -away. Now you can cop out and say if you want to - well )I will take the .lesser one which,is what we will end up with, but I would like to see some effort put forth where maybe we could talk the Tribune into giving us soave sort of a situation on it, . -br- they- juay,�.tef"k us to go jump. All I know is that each year it comes up and each year I get the same set of answers and each year the people don't know what the blazes is going one Now there is something wrong with that kind of a cycle. I don't really ?eel we are fairly treating the situation and I think it is.up to this body to do something about it. I think one of the ways of doing it is to ask staff to talk to the people at 'the Tribune to see if a. recapping can't go in and which, if nothing else, would say West Covina Lighting District Notices, etc., or something of that sort, and'-bn rezoning b-:e.tco Councilman Young: Maybe we can put it in with our water company notices. Councilman Lloyd: Well there are methods for distribution. And the )fact remains that we don't have at the present moment good distribution on these things. ® 20 CITY COUNCIL 7-12-71 AWARD OF BIDS: Legal Advertising, Page Twenty ®one Councilman Nichols: The problem is that there is a monopoly... that exists on papers that are published in the City of West Covina and the Tribune determines which of their ,otgdns they wish to have this material appear in. Othe wise we could say we will pint it in the Times if you don't give us a better rate, or we will go to the Sentinel or some other paper, but it so happens that the law does require that we publish in a paper printed in the City where it is available and consequently the only two papers printed in the City are by that firm and they control placement by putting exorbitant charges on the daily and reasonable on the weekly. Councilman Young: Mr. Mayor. It seems to me that issues of pressing importance somehow do get known to the people. For examplel the zoning at Azusa and Cameron somehow or other became known. Somehow this lighting district became known because in addition to the publication which is a very technical requirement of the law and we are saddled with many such requirements, I think we could eliminate the whole business of a legal notice because I don't think people read them. When you probate an.estate you publish a notice, also notice to creditors, etc., but you are also required to give as nearly as possible personal notice to those directly concerned and likewise our legal notices where we buy the cheapest notices we can get realizing nobody is going to read them anyhow even if they get the paper. What they do read is the poster stuck up on their telephone pole and any property within a certain radius of anything involved that we have to publish a notice on does receive this type of a personal thing that they can't miss if they go out and read it. In light of that I think we are making much ado about nothing, I think we should take it up with our State Assemblyman. Thev`.'set up this whole legitimate business where we are compelled to spend thousands of dollars a year in newspaper advertising that nobody reads, nobody cares anything about and go entirely into a posting situation that is designed to give people notice instead of fussing over this. I thoroughly agree,though/it would be nice if we had more publicity in the paper, but we don't own it and we don't even, have a. Public Information Officer, we can't afford one. Councilman Lloyd: Would we be out of .line in communicating this information to the Tribune? Councilman Young: I would be all for it, I am all for it. Councilman Lloyd: That is what I am, asking for and. I would like to disagree with you in one area. To say posting is the only effective way ® it isn't effective or I have the feeling this hall would be a lot more filled. The fact remains this very problem that we faced this evening, I am bringing up again this year. Councilman Young: Let me challenge you on one point. Let's take a poll for one year by a show of hands asking how many of you people are here in. response to a legal notice in the paper, or how many people are here in response to a notice received in some other way? Let's try it for a year. Councilman Lloyd: That is the point I am making, you are supporting my contention. Councilman Young: I am saying let's get rid of it. Councilman Lloyd: I agree with you but how do we do it? I happen to agree with you but we can't change legislation. I am trying to say is there anything we can do to make it:-,mo-fd-_"&f_feC.tive ® is that an unreasonable request? 2E CITY COUNCIL ` -12-71 Page Twenty-two.: AWARD OF BIDS. Legal Advertising Councilman Young. Noo Councilman Lloyd. I'am prepared to make a motion to ask staff to make an approach to the San Gabriel Valley Daily Tribune'to see if something can't be done to recapping these public notices and grant this kind of a thing to the City of West Covina. Seconded by.Councilman Young, and carried. Motion by Councilman Young that Council accept the bid of the West Covina Tribune for legal advertising for 1971-72 fiscal year. Seconded by Councilman Lloyd and carried. PUBLIC'WORKS ITEMS PROJECT NO. SP-71013 LOCATION. Sunkist Avenue, northerly STREET IMPROVEMENT of North Garvey Avenue. CONFIRM REPORT ® 1911 Adopt resolution setting date of ACT (Short Form) July 26, 1971, for protest hearing on assessment find for further action on confirmation of the report. (Council reviewed.Engineer°s report.) Motion by Councilman Young,.seconded by Councilman Lloyd and carried, accepting and filing Engineer'sreport. RESOLUTION NO. 4399 The City Attorney presented. ADOPTED 06A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE REPORT OF THE STREET SUPERINTENDENT RELATIVE TO THE COST OF WORK DONE PURSUANT TO RESOLUTION NO. 4310, ON SUNKIST AVENUE NORTHERLY OF NORTH GARVEY AVENUEo0° Mayor Chappell. Hearing no objections) waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, Lto said Resolution. Motion carried on roll call vote as follows. AYES: Councilmen Shearer, Nichols, Young, Lloyd, J:Cha._Ppe 1 _ _NOES. Nond ABSENT. None Councilman Shearer:, Mr. Mayor, that date of protest hearing is ' two weeks from tonight, is that correct? (Answered "YesO°) Would it be possible to avoid the problem we had tonight since there are only six people involved, can we send them all a letter? Lela Preston. In this case they are notified. City Clerk PARK SECURITY LIGHTING APPROVE PLANS AND SPECIFICATIONS LOCATION. Del Norte and Walmerado Parks Councilman Young. With respect to this Item I note that we have budgeted apparently $36,568 and the estimated cost is $30,500, We have been through some disastrous budget sessions and we still have not adopted a budget and I am raising a question as to priorities. .Apparently this is money earmarked in previous years and now we are getting around to spending it and we are now concerned with our. finances and I am wondering if this is a project we can do without, delete and free these funds and. perhaps alleviate our financial circumstances somewhat by so doing. I am also wondering if there are other unencumbered funds that we might take a look at and defer projects for a times•until there is a return of people spending their money in West Covina instead of elsewhere, so we might alleviate 2.2 m CITY COUNCIL 7-12-71 Page Twenty-three AWARD OF BIDS: Park Security Licfhtlncf the homeowners' burden somewhat. I would like to suggest that we defer this item and request a.report from city.staff as to all such projects as this that are funded with no commitment made on as yet and'that we'might decide to establish a new set of priorities. Councilman Nichols'. What you are.a.sking for is a report on any funds that have been budgeted for capital • outlay type projects in prior years and still carried over and lying in some acc®unt? Councilman Young: Yes, Councilman Nichols: I will second that motion. Councilman Young: In thinking with the comment of Council- man Nichols, we might think in terms of a bond issue in the future, because this is obviously something that will benefit all the people for many years to come. Councilman Nichols: I think at least it would be well to hold this off for the next .30 to 45 days while we go.through these projects and look at our situation. I am sure no harm. will come -.in holding it to that extent. Councilman Young'. Is the motion clear that we have a. report on any and all -biidgoted::unencumbered funds? Motion carried. ,'Motion by Councilman Young, seconded by Councilman Lloyd and carried, to hold off Park Security Lighting project pending further study'. PLANNING COMMISSION PROGRESS REPORT re CBD Sid.Williams: Mr. Mayor and PHASE IIA Consultant Council members, Williams & M.ocine I think since it is a little later than it might have been,you will probably appreciate a, relatively brief report inasmuch as you have received the written report. It is a progress report as we like to keep in touch. It was three months ago when. we brought the Revitalization Report to you and began. to proceed with these very important steps. It also represents close work with Mr. Aiassa and his staff in developing a viable and workable program. The thirty page report is drafted to primarily what will be your first official step with the designation of a Survey Area and the establishing,-:df presumably yourselves, as a .Redevelopment Agency., which will then actually set the stage for the actual redevelopment. The Housing Element is to be part of your program, Page 2B, shows the census printout enabling one to do this, which is a section lacking in your General Plan and one that will be of use in determining the value of the market in West Covina for various kinds of uses. As part of the designation, of the Survey Area and shortly following it.there will be the Project Area, for which the Planning Commission will peparevaa preliminary plan. These steps - will then follow in short order.., The intention is to be ready to proceed with the preparation of the Project Plan before the first of next year. The completion of the Project Plan by or before the middle of next year. We have noted that the designation -of the Survey Area is. an important first step and it has grown out of the process beginning - n 1966, five years ago when the Economic Report was prepared, the Preliminary Plan in 1968 and the report that we presented in ,March. 23 - CITY COUNCIL 7-12-71 Page Twenty _d.ur. PLAN. COMo Progress Report CBB Phase IIA The.steps are laid out and well established and have been a. part of the process in many communities in California now since about 1946. So your following process has been pretty well laid down and well understood. It may be important again to emphasize that this is a boot strap operation, we are talking about State Lawz�Redevelopmeud and we are not talking about Federal Urban Renewal and that 'F°ed al: Funds would not be involved. This report begins by establishing the basis for the qualification of the area as a blighted area, to use the rather unfortunate term that was popular twenty odd years ago when the State .Law was first written. But since the blighted area does include economic dislocation, deterioration of its use as a result from faulty °planning I don't think there is anything much clearer than the area that you are dealing with. The purpose of the Survey Area is to designate a large enough section so that analysis can intelligently be applied to the whole thing. The size of the Survey Area has to be large enough both to encompass sufficient tax increment to easily support the actions that need. to take place within the area itself and yet small enough to be workable. It would be possible to go clear over to the deep lot.area but it would probably complicate things. Allison. Massey of our staff,will box the area which we and the Planning Staff have worked out as being a, feasible area. We think it very important following this.meeting if you and the Council agree that the report be printed. What you have before you are simply xerox copies and this will be distributed and a real effort will be made that there is a strong workable Citizens' group working representing both the City and the CBD area so you have the right kind of grass roots support that'you need° i'ou will perhaps remember that the owners throughout the area strongly supported action and that the merchants in the Plaza -Broadway area also.had a strong majority in favor of action. I am going to skip over to the last section of the report before I ask Allison, -to describe this using the displayed map. Again reviewing the steps, We included. a copy of the Resolution you will adopt once your General Plan is complete. The Planning Commission is officially charged with the selection of' the Project Area, which would be the Broadway -Plaza, area, providing us one or two major department stores. There are some questions left to be settled as to the extent of 'that area. The Preliminary Plan by the Planning Commission is quite a general document, it .lists the kinds of uses appropriate and the underlying principles. The Redevelopment Plan. which follows in Phase III of this program is very specific about the steps to be taken and. prepares the way for the actual :financing. Owner participation is specifically provided for,also the relocation of those businesses that desire to locate in the area. I think it can be and must be to be successful e a very much West Covina program. There is no State Redevelopment Agency only the State Law, it is �'at-rict.Ly a local program, no federal involvement. Public hearings at each step. The size of the proposed Survey Area would allow adequate tax increment and these taxes will come out d�fi the next phase of the report to well support the bond issues necessary to put the program across. . One thing more which although you are familiar with I think is still extremely critical. Page 17, the 1968 Sales -Tax of $1246000,000 dropped if we take inflation into account, to $117,000,000 in 1969 and $1150000,000 in 1970. This is in contrast to previous years. In 1967, at the time we were preparing your General Plan, there wasa record of steady growth. Not only was there'a relative decrease with adjustment for inflation but an absolute decrease between 1969-70 and this cannot be blamed primarily on the recession because in, L.A. County as a whole this decrease did not occur. So the problem is critical. Some of the tracings behind Mr. Munsell will be illustrations in the report once distributed. for the community. The land uses in the proposed n._ 24 CITY COUNCIL 7-12-71 Page Twenty-five. PLAN..COM-. Progress Report on CBD Phase_IIA Survey Area will be reproduced in black and. white.: in the report also. We think it should be.emphasized in the report the kinds of action that will take place. Allison Massey: The Central Business District will obviously be the focus of attention. The Survey Area • we are recommending to you is somewhat larger. It includes areas where actions will be an integral part of any development that t*akbs place. Such as the extension of West Covina Parkway alignment ..to:�•_. Lark ,Ellen. Also it includes areas where the redevelopment such as proposed can be anticipated to have an effect on land uses. Areas where the General Plan recommended a general intensification of uses. This entire area is regarded as part of the Core area. By including. South Glendora Avenue, this area along Sunset Avenue, the area to the north of the freeway, in. the Survey Area the recommendations of the General Plan can be hastened. Some changes are already being proposed such as an expansion of the general medical facilities and hospital, a concentration of service commercial for automobile dealers in a very mixed area along Glendora Avenue. By including all of these areas in the Survey Area the changes can be planned comprehensively together with redevelopment of the CBD. In. addition these changes will.produce a tax increment and by including them in the Survey Area the City will be able to benefit from the additional tax increment. The report refers quite specifically to these areas: No. 1 m Glendora Avenue where there is a mixture of residential, office and commercial uses at present together with a large amount of vacant land. No. 2 - is the transition area between the West Covina Center, the end of the CBD and the residential area where we anticipate a gradual change to high density residential uses. There is a small area in here recommended for residential and open space use in the General Plan which could quite easily become a high density residential area. There is the hospital expansion and two medical centers on Sunset Avenue, which is Area 4. Area 5 is partly included in the CBD, what we termed the service center section, where office or apartment development between the retail commercial and residential would be appropriate. The area, along the freeway is included because the freeway widening will .have an effect upon the uses there. Finally Area 7 to the north. of the freeway includes substantial vacant parcels and a mixture of single .family housing, commercial and office uses and. is in need. of replanning and redevelop- ment. It also takes in the question of extension of West Covina Parkway. Sid Williams: Thank you.A.11isono Are there any questions? Councilman Lloyd: In your prognosis and in your studies based on the data we have, do you see a potential growth in.this redevelopment? In other words, simply stated, do you feel that the plan is feasible? Are we going to come out of .the problems we are presently facing? Mro Williams: So far as we know with regard to our hope for a principal tenant this is still the number one location provided the site is made available. That is one question. The other thing is that the City .has very little alternative, even if this particular really very fortunate thing were not to happen, the City would still be faced with an area which would not become an asset but would be a liability which is already taking place in the loss of sales. Although the program would be changed and would be more difficult I think it is still something necessary for the City to have. San Leandro didn't have the possibility of attracting a major department store but what they had was a pretty well rundown business section and over 10 years they have substantially increased its assessment to 'the point where it is now paying in, close to $150,000 a year. Your order of magnitude is much greater than that in. the CBD area alone° If you get one new department store the assessment would be that much greater. The reason for making the Ourvey Area larger is to capitalize on the overall benefits toq�ve more financial strength and support to the ® R5, m CITY COUNCIL 7-12-71 PLAN. COM.: Progress Report CBD PHASE IIA Page Twenty:s`ix necessary funding. I think it is extremely important to emphasize the amount of tax increment goes far beyond what would be necessary to do Project;I work and would also benefit other needs for taxes in the City such as schools, etc. Councilman Lloyd: In the area of monies, those businesses which exist and have shown growth potential within this "blighted area" - how will they be affected if this plan goes forward? Will they be held back with those who have failed to meet the growth factor or will they be more encouraged in this multiple growth pattern that is developed? Mr. Williams: The tentative program we would recommend the City focusing onBthe key development within the Broadway -Plaza areawhichwould be working for gradual revitalization of other and somewhat less fortunate areas. We think Glendora is a strong community shopping area and needs to be helped, not with the kind of program necessary to provide a site for one or more major department stores, but with a program like San Leanc.roo.a Councilman Lloyd: What I really meant was there may be individual stores on Glendora which have a good strong growth pattern which negates the very essence of the plans. In other words they are running against the tide. Will these people be enhanced or will they suffer :because of the plan, or can you even say? Mr. Williams: I would believe those that are strong would be enhanced by the plan. Councilman Young: The idea of the extending of the the shopping my homework. which would immediately very hopeful is a little bit new to me. I was impression the whole project was center areas and the Plaza area. Perhaps I The question I; have is are you expanding a threaten to delay or in any manner jeopardize central business district redevelopment which of? Mr. Williams: Broadway -Plaza area, it Commissi(. will prepare a. Redevelopment Agency, if Redevelopment Plan. Survey Area, under the focusing on didn't do concept here the we are all I believe not. The Survey Area is just that, the area to be studied and related to your C.BD. The .Project Area will undoubtedly be the is the project area for which the Planning Preliminary Plan and the City Council as"' --- you follow that road, will prepare a Councilman Young.- Is the expanded Survey Area an absolute necessity? I have a reason for asking. I don't want particularly to go out and generate opposition to the Redevelopment Plan for the C.BD and this is what I fdaro As.Councilma.n Lloyd indicated there are those that are satisfied with their business and they are apt to view this as a threat to them rather than an enhancing factor. Mr. Williams: Councilman 'Young, what kind of a threat would . you think anyone would. :T 'ar? Councilman Young: Any change is viewed as a threat by someone that has a good going concern. Mr. Williams: No changes can be proposed within the Survey Area except as the Project Area is selected and established. We felt from the legal and planning principles point of view it: Broadway -Plaza Area were designated as both the Survey Area. and the Project Area we would then lack certain links such as the Parkway which has to be -studied or the point might be raised as to how could we decide :Broadway -Plaza as being the Survey 2.6- - CITY COUNCIL 7-12-71 Page Twenty seven PLAN. COMoo Progress Report CBD Phase IIA Area with the "blight" when obviously the West Covina. Center had more serious problems. Councilman Young: You mentioned a key point, the extension of West Covina.Parkwa,ya This is in the process of arousing a hornet's nest of problems, particularly by adjacent property owners. I hate to see that get tied in here to the CBD. Councilman Nichols: I think that is a very well made point. That is a problem. Mr. Williams: I think the thing to emphasize is that no part of the Survey Area is a part of the action program until there has been a selectaoi and designation of the Project Area. Councilman Young: I don't,want to see us get committed to too much all at once. I don't want to see the West Covina Parkway element as essential to the Redevelopment of the CBD. If we do that I think we have generated a brand new problem that will give us all kinds of trouble. Mr. Williams: Well your determination. as a Council in regard to the overall area will include certain kinds of actions that may or may not be taken, but it seems to me if the Survey Area doesn't include those things that might happen you wouldn't be in a position to either take an affirmative or negative position with regard to themo Councilman Young: I think I have made my point and I will defer further comment after one further question. The extended Survey Area does this in any fashion increase the preliminary expense of moving this project along? Mr. Williams: No it :is all pert of the program. as we set it up in. March Councilman Nichols'. I would like to add a brief comment. We have had a tendency in -the past that when some major issue is being considered at some point prior to the final determination of the issue it begins:,float.ing_ about and appearing on maps as a foregone conclusion ®r being shown in General Plan proposals to where the,citizeAry gets the notion the Council has already taken some final action and that in itself does add confusion to the element and causes concern. I can recall 'this happening in the proposed alignment of the Huntington Beach ,Freeway, where in .recent months many people thought the Council had already made a commitment to a, course of action purely because we were dis- cussing the proposed routes and alignments. This is the kind of thing that I think is being raised he.reolf these types of areas are included it should be clearly stipulated it'is being studied. because that might happen at sometime not because the Council said that area is going to be all changed and that is going through, there and therefore that is part of the study. Councilman Young: Yes)I want to avoid a collateral issue if we possibly cano Mr. Williams: I agree with you and I think perhaps the best solution to the problem is to make it very clear by showing the larger area you can specifically state certain sections of it are not part of the action program, It seems -to us that unless the overall. area includes the things that might reasonably be :related you are not in a position to say whether they are or are not and I think you do want to take that position. CITY COUNCIL 7-12-71 Page Twenty -might -1:ILAX. .COM.: Progress Report CBD Phase IIA Councilman Young: Wel l I suppose we do. I see things a lot more simple since I know very little about ito I see an area that needs to be revitalized and I see all kinds of people around and if they can find a way to get there to buy the merchandise - to me it is that simple. Whether we do or do not have an extension of West Covina Parkway doesn't make any difference to me in my own thinking - what I want to do is get my wife to go down there instead of going to Montclair, as she does now. Councilman Shearer: Mr. Mayor, a question of the Planning Director. Isn't it correct that the objections with regard to the recent hearings by the Planning Commission created a furor going about town spreading rumors about West Covina Parkway,.,'-' primarily with West Covina Parkway easterly of this area? Is this correct? Mr. Munsell: The Chamber of Commerce and the merchants in this.area have in fact endorsed West Covina Parkway and we have to my knowledge received no written communications nor oral communications regarding any property between the Central Business District and Lark Ellen. Councilman Shearer: The objections and protests deal with - and I believe we had a letter this evening from someone on Virginia Avenue which is East of Barranca.- so where there is no parkway now because we have no street, here we have a street designated as West Covina Parkway and it is traversibleo I think perhaps we are getting two areas confused over the objections. Councilman Nichols: I don't think so. I think not. And I think the fact the merchants may well have endorsed that they would endorse an 8-lane boulevard all the way from the Plaza to Pomona if they thought it would help business and that is their business and. a very normal reaction. But the people that live in houses between Glendora Avenue and Lark Ellen - I doubt very much that they would be much in support of extending that. I would still think if we imply that that development is necessary by inference to the improvement of -the CBD you are going to have many,people on that street that will be opposing the redevelopment of the CBD and they will never mention where they live but they will be out there protesting. .That is exactly what Councilman Young is talking about. We stir up all kinds of troops to opposition and the nature of their opposition is sometimes rather devious and can be traced back to the fact that they are going to have a personal loss of some kind, or think they are. I think any time you traverse into our residential areas and talk about taking a person°s home ultimately and going out to 6-lanes, you are stirring up a .lot of potential opposition.. If it is clearly indicated that these things are not related necessarily;we may not have a problem, but if one element in our community _rises to fight this they begin looking around for their allies and they will find allies on the streets between Walnut Creek Parkway and Lark Ellen. And just as sure as anything it will happen. Councilman. Shearer: Gentlemen, -.by previous Council action. we'have. . already spent $50,000 for this to Mr. Williams' firm which shows West Covina Parkway, which shows the San Bernardino Freeway and shows a proposed freeway alignment and have gone on record as saying this is our General Plan and now we are zeroing in on a more defined area. If you were afraid, and I will plead no vote on that issue, of stirring up a hornet's next we never should have _gon--- to the expense of adopting a General Plan showing West Covina Parkway from one end. of 'the City to the other. Now,we are in a position where we are backing off saying because we may get some opposition. let's stop the whole thing, when we already have it. Here it is! - 2'8 CITY COUNCIL 7-12-71 Page Twenty-nine: PLAN..COM.: Progress Report CBD PHASE IIA Councilman Nichols: I think we are talking about two different issues. The concern at the moment as I read it here is not that there is going to be some opposition or is opposition to recommendations for the extension of West Covina Parkway but that the two issues be joined and that all of those who might not otherwise oppose one issue would because they • feel it is an ally of the ®therm Councilman Young: That is right. Councilman Nichols: One other observation. I voted for the General Plan _anti, it: is_ precisely m a general plan, and the last General Plan we adopted only some portions of it ever came into being and I wouldn't feel at all today that I was committed as a Councilman to the implementation of each and every line of the General Plano For myself)I am very strongly opposed to any talk of committing this City now on paper to the `iping_- out of broad residential areas across the City to widen West Covina Parkway. I am much in favor of that alignment as to the undeveloped areas to get that alignment across the city, but I am not about to agree whether it shows there or not that we should go down Walnut Creek Parkway from Lark Ellen to Citrus and take out two or three hundred houses and say we are going to do that now. I don't agree with it and even though it shows as dotted lines on the General Plan I don't think we are obligated to go that route. But that is another battle we will have to fight on the Council. The concern I have now is that we don't join two battles into one and I don't think that is a good policy. Mr. Williams. Mr. Mayor, I think it should be,made very clear that the General Plan is a statement of policy without a time table on it as Councilman Nichols indicated, and the Survey Area doesn't even, imply any plan, any element, anything. It is simply an area to be studied. We felt where we are talking about an area to be studied it is better to include those things that might be included. Now the conclusion might be that this is something to be postponed, indefinitely, or whatever, but the Survey Area as defined in State Law is to be considered as something reasonably related to the present areas, butthere are no plans on property except within the designated project area. Councilman Shearer: I think if we)as l.aymen�attem.pt to tell the consultants what the study area should be when I don't even know why it is up there, I don't know City .Planning to that extent, but if the consultant says in order to give a good product this area. has to be studied, it in no way binds us to anything anymore than this. It is just a guide and is just to be studied. So I would say go ahead, or if he wants to study the whole core area,, if that was his recommendation, which may eventually result in a. Project Area that only includes one square block in the middle where we want to hopefully put a major department store m but let's not make the study area so small because we are afraid someone might object to a particular statement. Councilman Young: I think we made the point clear. I certainly am not challenging the expertise of the consultant, but the consultant has pointed • out to us that this thing is going to demand a. broad base of community support to ultimately succeed and I deal with the local needs of politics which the consultant•doesn°t deal with. So I am simply expressing a word about local politics, let's be sure we don't get issues mixed. That's all. And I think we probably said enough so that we all understand each other. But in getting this broad base of political support,I want it zeroed in and freed of all collateral issues so we can get that support. Mr. Williams: I think we should take this very seriously and inasmuch as certain steps have to be taken by you as the Council before we can designate a Survey Area, we should 29 o CITY COUNCIL 7-12-71 Page Thirty ..." PLAN. COM.o: Progress Report CBD PHASE IIA consider the ructions of people in that community. Councilman Shearer: I think if the opinion based on Mr. Williams' background is that in order for the redevelop- ment of the Broadway -Plaza area to be successful it does require something that is called West Covina Park- way then I hope his report will say it, whether it generates controversy in the community or not. I wouldn't want him to say well that is going to be controversial so we will hide that —and then we go ahead with the development and suddenly find another blighted area because people can't get there and we have to throw in the Parkway issue. I think if they are related in fact it should be so stated. The study area should be broad enough to allow him to make that now if they are not interdependent and if the life of the redeveloped area will exist whether we have a parkway or not, that should be stated© I don't believe in separating the two and then both die. If one is required by the otherl,th.en let's state it and if we decide we don't want to do it, okay, then we don't. . Councilman Young: Well somehow the ants will find their way to the honey. I believe it. Councilman Nichols: All I can say to you right now, to all of you, if this City attempts to link the cut through of West Covina Parkway through the residential area of the City as an integral part of the improvement of the Plaza and the creation of 'this district, you will destroy the district before it ever gets off the ground. Let it be a fair warning, not,in terms of a threat, but in terms of sentiment of the people. They will be right back at the polls and you will be voted right out of this Plaza and we will all go broke. So I think we had better be political and reasonable about this and ask ourselves how we are going to get in. there. It is well and good to look at these studies but after dealing with people in this City for 20 years I can tell youif you start peddling the story in this City that you have -to cut West Covina Parkway out through the residential area to improve the business district, the Plaza will die before these people in the City will let it happen.. It may not be in. their best interests but it will die and that's for sure. Councilman Shearer: I didn't mean to excite you and I agree, but I don't think West Covina, Parkway m well I am sort of like the ant and the honey, I will get there. All I. am saying is if one thing is contingent on the other we should know it and base our recommendation accordingly and so state. If we don't need the Parkway, fine. But if we do)let°s don't go in there and bite off something and find in order to swallow it we have to stick something out through the residential area. Mayor Chappell: When will th.e citizens play be brought into this? During the time you are making your decisions or will they put their input into it to help you out in your findings, or later on? Mr. Williams: We think it is important that the citizens downtown committee, which has not been too active in the last few months, be brought together and we think it is important that there be generated strong support in the business district, the Chamber of Commerce, etc. It is going to take that kind of support. Mayor Chappell: So you are going to beef up that citizens committee much larger than it is right now? Mr. Williams: I believe your City Manager and Planning Director are proceeding in that direction. 30 CITY COUNCIL 7-12-71 Page Thirty-one PLAN. COM.o: Progress Report CBD PHASE I:IA Mr. Aiassa: We are at present just checking, Mr. Mayor. Mayor Chappell: I hope you will inform the Council so we can put our workers on there also. Thank you, Mr® Williams. • Mr. Aiassa: Mr. Mayor, getting back to the CBD Committee, it is already existing and all we are trying to do is find out how many are still available. We will bring you up to date. Councilman Lloyd: I thought those Committees were all. resolved? Mr. Aiassa: Except for the CBD. We never made a final report on this Committee. Councilman Lloyd! I think it is up to this Council to make a decision as to who they want on the Committee. Times have changed and I think the Council should make a review of this, And I believe that is exactly what the good Mayor was trying to say. Is that correct? Mayor Chappell: That is correct. Mr. Aiassa, we have a staff recommendation regarding the Phase II B contract - are there any further questions? Motion by Councilman Lloyd, seconded by Councilman Young, that staff be authorized to negotiate Phase II B contract with Williams & Mocine in reference to the Central Business .District Redevelopment Program, for a sum not to exceed $10,000.00. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Chappell NOES: None ABSENT: None Mr. Aiassa! The :next written report with staff recommenda- tion is in .regard to the.Central Business District Redevelopment Program, the establishing of the Redevelopment Agency and Parking Authority. Motion:'.by-,Coungilman Lloyd, seconded by Councilman Young, recommending that the City Attorney be directed to draw up the necessary documents to establish the City Council as the Redevelopment Agency and the Parking Authority. Motion carried. THE CHAIR CALLED A RECESS AT 10.50 P.M. COUNCIL RECONVENED AT 10:55 P.M. JOINT MEETING REQUEST Mayor Chappell: We have a. request from the WITH CITY COUNCIL Planning Commission for a joint meeting and they have suggested the date of July 19the (Council discussed ,,stating the 19th was the suggested date for a budget session. Decision to hold Joint Meeting starting at 4 P.M. . with the Planning Commission, and then continuing on into the Budget Session. Meeting to be held in the City Manager's conference room.) Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, that a joint meeting with.the Planning Commission be scheduled for July 19, 1971 at 4 o°clock. PERSONNEL BOARD MINUTES OF MAY 4, 1971 Motion. by Councilman Shearer and seconded by Councilman Lloyd to receive and file. Motion carried. 31, CITY COUNCIL 7-12-71 Page Thirty-two PERS. BOARD: Mintes Minutes of May 17, 1971 Motion by Councilman Nichols, (Joint Meeting) seconded by Councilman Lloyd and carried, receive and file. RESOLUTION NO. 4400 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING CERTA.I'N :P_ROVI.SIOhS, OF RESOLUTION NO.- 1277 R;ELATING:,TO, AUTHORIZED P,O.S'TTI_ONS,. AND. SALARIES (Crimsina.l st Councilman .Lloyd: Mr. Mayor, I would move that Item G-1 of the City Manager's agenda be brought up with this Resolution, as I believe they go -together. Seconded by Councilman Shearer and carried. Mayor Chappell: And hearing no objections I waive further reading of the body of said .Resolution. Mr. Aiassa: With reference to Item G 1, Police Department Crime Lab project you do have a written report. We have made application. and it is accepted and the money is projected in the 1971-72 budget which you still have to adopt. Coun loran Nichols: This is a subject that has been discussed by staff for several years. I think we are in agreement that this has been an area of great need in the Valley. The only question I come up with is how are we going to fund this in subsequent years? It is quite probable -that it will never be any cheaper than this and also possible that the funds available now so we can establish this at a very modest cost will not be available in future years. Are the cities that are participating in -this at very modest amounts, are they aware of what it may take to continue on with this even after the grant is discontinued. and have they demonstrated a willingness to continue participating with us? Mr. Aiassa-. The intent for the first phase, the one year period, is to try it and see if it speeds up court cases and also how it will help in other areas. Also the staff at the lab can be used on a. per diem ,'basis by the other cities depending on the needs of each city. All groups contacted showed an indication that they were very interested to continue on even if there was an added cost. Councilman Nichols: I have no other queAtdons. Councilman Young: At the present time this service is rendered by t:he County? (Mr. Aiassa answered "'yes") For example if we have a drunk driving arrest in West Covina processed by the "West Covina Police Department and then Citrus Court and perhaps there is a, fine and we get a. portion of the fine 9 do we pay anything to the County for the operation of their lab on a specific case? Mr. Aiassa No, it. .is a service provided by tax by the • Sheriff's Office and included in their tax rate. Councilman Young: So we will pay that now, no matter what. (afro Aiassa answered "yes") So the only thing we have to offer really is speed because of better service. Mr. Aiassa, Alsolit is thought this will eliminate the losing of evidence because of the necessity now of transmitting evidence to and. from. 32 CITY COUNCIL 7-12-71 PERS o: `.,BGARD -` RES. # 4400 Page Thirty-three And also if this lab is a success this will be a strong point for us to request county assistance. Councilman Young: This is the point we are taking that it will take a burden off of the County. Mr. Aiassa: Well�if everything fails you will still end up with thousands of dollars of equipment that we do not have now. Councilman Nichols: One of the very early complaints that we received on Council a few years ago was that students picked up in the schools for possible possession of some sort of a dangerous drug and the school proceeds to suspend them and it was taking 6 to 9 weeks to get proof back that it was in fact some sort of a drug and in the meantime this person was in the never never land awaiting proof one way or the other and not being able to go back to school. Councilman Young: Is the lab and the cr1m1nalist going to do all forms of analysis? Mr. Aiassa: The same as the County. We are trying to maintain the same requirements as the County. Motion by Councilman Young, seconded by Councilman Lloyd, that Council adopt the Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, `Cha.ppell. NOES: None ABSENT: None Motion by Councilman Shearer, seconded by Councilman Nichols and carried, accepting and. filing staff report regarding Police Department Crime Lab. ORAL COMMUNICATIONS Harold Johnson My client )Mr. Gene Wood)is here tonight in 107 Catherine Park connection with the off -ramp discussion Glendora previously. At that time there was a dis- cussion about the inadequacy of funds and a reason for not including in the State project at this time and the other reason, was the deadline date of July 16, 1971. That deadline is still before us and Mr. Wood is here tonight and he would hope in view of the number of problems we do have in the Central Business District and the down trend of the sales that there may be a possible area of still saving this project. That is the reason he is here tonight. Gene Wood I heard indirectly what Mr. Johnson just told 19141 East Thel.born you and I a.m willing to put up the $10,000 if West Covina necessary to make it goo I don't feel it is fair but I want to see it go through. As far as getting the releases, etc., that has all been done. Motion by Councilman Nichols, seconded by Councilman Lloyd,..referrin.g . this matter back to staff and requesting that Mr. Wood. at his earliest convenience contact the City Manager and reopen the discussion on this matter so if there is this possibility that a recommendaticn can come back to Council from staff. Councilman Young: Is that in reference to Item 4 of the City Manager's agenda? (Mr. Aiassa: No.) The reason I ask I had a call from a gentleman today and maybe some of the others did) also, which apparently resolved the problem as far as Mro Wood's statement tonight, but. I: guess there are still other problems on that off -ramp. 33 CITY COUNCIL 7-12-71 Page Thirty-four ORAL COMMUNICATIONS Mayor Chappell: Mr. Aiassa is supposed to make a report on this subject as part of his agendas Mr. Wood is certifying to the fact that he is in a position to do what he stated he will do and I believe he has been in touch with Mr. Aiassa. • Mr. Wood: Yes and you tell me what you want me to do and I will do my best to do it. Motion carried. Mayor Chappell: Thank you Mr. Wood. We will all be working with you staff, Mr. Aiassa and the City Attorney to see what we can do in regard to the deadline of July 16tho We certainly thank you. Mr. Wood: The merchants need it very badly and have waited about five years to see this develop -afid- we" all hope it can be done CITY ATTORNEY DON EARLY ® REQUEST Mr. Wakefield: This is an applica- FOR MAIL ORDER BUSINESS tion filed by LICENSE Mr. Don Early for a mail order business license. Staff has conducted an investigation and it appears Mr. Early is proposing to go into the business of selling riding and horse equipment through a mail order application which would be in order for the Clerk to issue a license. So moved by Councilman Lloyd, seconded by Councilman Young and carried. F. M. NIXON - REQUEST Mr. Wakefield: This is also a FOR MAIL ORDER BUSINESS request for a mail LICENSE order business license by Mrs. F. M. Nixon. A staff investigation indicates that Mrs. Nixon proposes to sell such items as cigarette lighters and costume jewelry and it would be in order to authorize the City Clerk to issue the licensee So moved by Councilman Shearer, seconded by Councilman .Lloyd and carried. RESOLUTION NO. 4401 The City Attorney presented: ADOPTED "A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING AUTHORITY TO THE CITY MANAGER TO PRESCRIBE DIFFERENT HOURS AND DAYS OF WORK FOR EMPLOYEES IN THE POLICE DEPARTMENT, AS MAY BE REQUIRED TO MEET THE ,NEEDS OF THE DEPARTMENToH Mr. Wakefield: This has been prepared at the .request of the City Manager. The existing Resolution applicable to city employees generally requires that city employees work 5 days a week, 8 hours a day, and there was a proposal apparently that the hours of embloyment and the days of work be changed in connection with some program proposed in connection with the .Police Department. This resolution would simply authorize the City Manager to prescribe different hours and days of work for the employees in the Police Department to meet the needs of that Department. Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Nichols, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Chappell NOES: None - 34 ABSENT: None CITY COUNCIL 7®12-71 Page Thirty-five CITY ATTORNEY -.font°de Mr, Wakefield: This item is a resolution which would designate Mark Cm Allen, a partner in the firm of .Burke, Williams &. Sorenson, as an Assistant City Attorney® The staff has felt a need apparently to have someone available whom they can reach by telephone in case I am not available and who can serve also during vacation and other times when I cannot attend City Council meetings. Mr. Allen originally served as a.Deputy City Attorney for the City of Santa Monica for 4 years and served as City Attorney for the City of Inglewood for 8 to 10 years and has been a partner in the firm of Burke, Williams & Sorenson for three and a half years now and acts also as the City Attorney for the City of El Segundo and the City of Rolling Hills Estates. He is well qualified and I am sure the City Council will be pleased with whatever service he is called upon to render. The resolution provides that Mr. Allen will receive no compensation except that which is paid to Burke, Williams & Sorenson in connection with its regular retainer. RESOLUTION NO. 4402 The City Attorney presented: ADOPTED 0°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPOINTING MARK C o ALLEN, ASSISTANT CITY ATTORNEY." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Shearer, to.,a.dopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell- _. NOES: None ABSENT. None RESOLUTION NO, 4403 ADOPTED RELATING TO THE COMPENSATION PAYABLE The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF WEST CO`IINA TO CITY EMPLOYEES." Mr. Wakefield: What the resolution does is simply to reserve the power in the City Council to make any adjustments which may be approved by the City Council at or prior to the time of the adoption of the city budget effective as of July 1. What it does is really maintain the status quo so neither the City nor the employees will be prejudiced by the delay that may occur in the recommendation for the salary adjustments. Mayor Chappell: Hearing no objections waive further reading of the body of said Re,solutiono Motion by Councilman Shearer, seconded by Councilman Lloyd, t_o ..ad.opt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell - NOES: None ABSENT: None TRACT NO. 28988 Mr. Wakefield: I prepared a written memo . GRADING BOND addressed to the members of LITIGATION City Council with reference to this item. The only point that I would add simply by way of explanation, is that the Tentative Tract Map which was approved by City Council for the development of the property owned by the Brutoco Development Company immediately below Galster Park is the area that is involved in the litigation in the so-called off-si.te improvements. The determination of the court was that the bond and the contract which the court found to exist which was underlying the bond was simply that the sureties of the Idaho Construction Company were only required to construct those improvements in the limits of Tract 28988 which is the Tract generally to the north and the east of the Brutoco Develop- m3 5m CITY COUNCIL 7-12-71 Page Thirty -:six. CITY ATTORNEY - Cont°do ment property and to Galster Park. In effect what the court has determined .is that the requirements of the bond have been satisfied and that no further work is required of the companies and the individuals which executed the surety bond. We do not yet have findings of fact or conclusions of law in the action and until those are finally prepared and approved by court I don't think it is' possible to make any specific recommendation as to what if anything further. should be done about the matter insofar as the City is concerned. The original direction from the City Council to file the action arose out of a feeling of the City Council at that time that if the developer and his bond was really obligated to perform work which had not been performed that the City had an obligation to seek a determination of that matter and compel performance if performance was actually required. The courts now made that determination really against the interests of the B.rutoco Development Company simply because much of the work that was called for in connection with the development of the tracts in question was on the property now owned by the Brutoco Development Company. Motion by Councilman Young, seconded by Councilman Lloyd and carried, receiving and filing report. CITY MANAGER ITEM NO. 1 FROM RECREATION Mr. Aiassa: Council has & .PARKS COMMISSION OF received a report JUNE 22, 1971 on this item which was held out of acceptance of the June 22, 1971 minutes. This pertains to the sanctioned activity at Mesa School. Councilman Nichols: Mr. Mayor, I requested the report from the City Manager because I have a concern about the use of the sanction technique to achieve noble goals in the community. J have discussed my.,doncern-with the City Manager and I will not belabor the point further. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, approving that portion of the minutes of the Recreation & Park Commission held over for the receipt of this report. AMENDMENT OF SECTION 640lo6 Mr. Aiassa: We would like to OF THE MUNICIPAL CODE carry this item over to the meeting of July 26, 19710 So moved by Councilman .Lloyd, seconded by Councilman Young and carried. ORANGE AVENUE Mr. Aiassa: Mr. Mayor, this item will be HOOK RAMP reported by the City Attorney because it is a legal problem. Mr. Wakefield: You will remember earlier in connection with the Consent Calendar items Resolution No. 4398 which was Number 9 on the Consent Calendar, was approved subject to the requirement that the City Attorney review the Deed and approve as to form. That review has now been made and that Resolution may be forwarded on to the Division of Highways Department of Public Works. 'In connection with the Orange Avenue off -ramp and the City°s negotiations with the Interstate Leasing Company and Cal -Stores, as I indicated earlier we have not actually received the Deed from the Interstate Leasing Company, covering the two parcels of land which are required from Interstate Leasing for the construction of the Orange Avenue hook ramp. The City Council has already approved the conveyance to the Interstate .Leasing Company of three small parcels of land as consideration for the conveyance to the City of the Interstate parcels. At this time it would not be �36 CITY COUNCIL 7-12-71 CITY MGRo: Orange Avenue Hook Ramp Page Thirty-_s`even possible to adopt a Resolution accepting the deed although I have been assured it is in the mail from Ohio, but it would be in order to adopt another resolution authorizing the transmission to -the Division of .Highways of a certificate that the right-of-way has been obtained and is availableo That certificate to be held by the City Clerk until the actual deed is received and approved as to form by the City Attorney. We have the resolution prepared. RESOLUTION NO. 4404 The City Attorney presented: ADOPTED 88A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CERTIFYING TO THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, CERTAIN RIGHTS -OF -WAY ACQUISITION BY THE CITY OF WEST COVINA PURSUANT TO VARIOUS FREEWAY AGREEMENTS AND AUTHORIZING THE USE OF SAID RIGHTS -OF -WAY .BY THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES AND APPURTENANCE THERETO." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution, Motion by Councilman Young, seconded by Councilman Lloyd, ;tb�adoopt said .Resolution® Councilman Young: A question. We are amply protected in this Mr, Wakefield? We are not performing an act of faith here? Mr. Wakefield: No sir. Because on behalf of the City we will not make any official certification to the Division of Highways until the deed is actually in hand and approved. I have prepared the deed and it has been forwarded to Interstate Leasing several months ago, it has simply been delayed in getting some collateral interests cleared from the title to the property, but'th.e City has not released its deed -to Interstate and will not do so until we have their deed in hand. Councilman Young.- I don't understand the reason for this certifi- cation if it is going to be held by the City Clerk. Mr. Wakefield: It is simply an attempt to meet the State°s deadline requirement that the City have obtained the necessary rights -of -way by the 16th of July. Councilman Young: Mr. Wakefield: Motion by Councilman Resolution. Motion AYES: Councilmen NOES: None ABSENT: None ABSTAIN: Councilman POLICE ASSOCIATION ACTIVITY REPORT If the deed is not received before that time then what? We will just. have to hold the matter over until it is received., By that time we will be at the next regularly scheduled meeting of the City Council. Young, seconded by Councilman Lloyd itO -a.db..p:� said carried on roll call vote as follows: Nichols, Young, Lloyd, ::Chappell " - Shearer (Due to his employment status with the State of California. ) Mr. Aiassao There was a specific by Councilman Nichols don't believe that has been answered in report. I would like to have this item carried over to July 26th. request and I this - 37 - CITY COUNCIL 7-12-71 Page Thirty-eight CITY MGR.: Police Assoc. Activity Report So moved by Councilman Lloyd, seconded by Councilman Young and carried. Mayor Chappell:. Mr. Aiassa/ are you going to say anything about what Mr. mood discussed? Mr. Aiassa: All I can say is that we have been in contact �. with Mr. Wood and now we do have to contact the State with regard to the deadline date and our previous information to them. You are going to have a meeting on the 19th of July at 4 P.M. so we can take action .if possible on that date. I will contact the State in the meantime. MAYOR'S REPORTS Mayor Chappell: As you all know the Toluca Delegation was in our City and it was my pleasure to take their Mayor around to the various points of interest and see him off to his trip to Las Vegas. From what I can gather I think they were very well pleased with the performance of our Sister City organization and many in -active members of the Sister City organization stepped forward and did a commendable job. I will be writing a letter of thanks to them. It was a fine affair and they would like some of us to visit them in January. It is a special occasion down there in January and if any of you can go down they will be more than happy to have you as visitors. COUNCIL COMMITTEE REPORTS Councilman Shearer: I would like clarification on an article I read in the paper where it said the City of West Covina may be protesting annexation on the part of Covina and I don't believe we have taken any action. Was that a misquote? Mr. Aiassa: It is indirectly a misquote because we cannot protest. We have not filed an application but one of the owners is protesting. We will be there to answer any questions that is all. Mayor Chappell: This is a parcel of land where the Council has voted to proceed with the annexation to West Covina? Mr. Aiassa: This is the parcel of land on the north side of Grand Avenue, that Mr. Anderson made a formal request to Council to annex and we had been negotiating to enlarge the annexation with LAFCO. We met' with representatives of the School District and we were'the only ones to contact them. The Council°s request was that we were to get as strong a majority support as possible and in the meantime while we are making our moves and evaluations the same map we had was filed in Covina as their annexation. So it will be interesting to see what happens. Councilman Nichols: I received in the Council mail a communication indicating that staff was proposing or contemplating moving ahead in terms of remodeling the Council Chambers. I feel compelled to indicate that I feel at this time it wouldn't exactly be a stroke of genius to go before the citizens of West Covina with a public announcement of spending dollars for this purpose, dollars that are sorely needed for vital purposes other than to remodel the Council Chambers. I think we might be advised to wait until our financial picture. changes before delving too deeply into this. I recognize it as a legitimate need but I also recognize the financial situation we are now confronted with. Councilman Lloyd: I concur. m 38 CITY COUNCIL 7-12-71 COUNCIL COMMITTEE REPORTS - Cont'd. Page Thirty-nine. Councilman Nichols: The other item is�I received a telephone call from a gentleman identifying himself as a long term resident of West Covina and stating he received a traffic citation within the City and was very concerned about the way in which he was treated. He gave me his name, I don't have the correct spelling of it. I would appreciate it if you would run a check on the citation and give me some back- ground as to whether it is a matter of concern for Council or not.: Carl Highland or Hyland. Mr. Aiassa: Do you remember the date? Councilman Nichols: It was within the past 2 to 3 weeks. A citation on Hollenbeck Street in West Covina. Curiously he telephoned me because he read a release in a newspaper in which I had expressed an alarm that the rate of citations had fallen off in the City and I indicated to him that I was not soliciting more tickets but my concern was in another area, but this again.shows that the press sometimes helps the cause. Mr. Aiassa: You don't know the name of the arresting officer? Councilman Nichols: No, but he was a very mean man, entirely unsympathetic. The man was here tonight and was going to speak during Oral Communications but left and I did say I would bring it up under Council Committee reports. DEMANDS Motion by Councilman Young, seconded by Councilman Shearer,to approve demands totaling $304,707.13 as listed on Demand Sheets B479 through B482. This total includes payroll and time deposits. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Ch.a.p.p&ll;z,,; NOES: None ABSENT: None ADJOURNMENT Councilman Young: Motion by Councilman Lloyd :to., a:.djgti-rn at 11:40 P.M. to July 19, 1971 at 4 P.Mo Seconded by Councilman Nichols and carried. Mr. Mayor, are we going to adjourn then to a 7:30 budget session? Mr. Aiassa: I would like to make a suggestion to Council that the first Monday in August be set aside for the budget session. I think by that time we can give you more positive information. ATTEST: CITY CLERK APPROVED: MAYOR - ;39 -