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03-26-1973 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 26, 1973. The regular meeting of the Council called to order at 7:32 P.M., .A0 in the West Covina Council Chambers by Mayor Robert Young. The Pledge of Allegiance was given, followed by the invocation by George Zimmerman. ROLL CALL Present: Mayor Young; Councilmen: Shearer, Nichols, ,Lloyd, Chappell Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, A-ctifig Publlc,SerVices�.Director Richard Munsell, Planning Director Leonard Eliot, Controller Bert Yamasaki, Community Redevelopment Co- ordinator John Lippitt, Acting City Engineer Ross Bonham- Admifii`t-i�ati`& A al�st 2- - S. V n Gary.Duvall, Administrative A98Tftafit Craig Meacham,,Deputy Police Chief Lou Winters, Civil Engr. Associate Mike MicDonnel-]�, Staff Reporter - S.G.V.D. Tribune Jeff Butzlaff, Administrative Analyst, Jr. APPROVAL OF MINUTES February 5, 1973 March 5, 1973 March 12, 1973 CONSENT CALENDAR Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to approve minutes as presented. Mayor Young explained the procedure of the Consent Calendar items and asked if there were comments on any of the following items: 1. WRITTEN COMMUNICATIONS_ a) CHRISTINE GILBERT Re City of Industry's proposed airport 3316 E. LaPuente Rd., site. (Refer to City Attorney) West Covina (Refer to comments on Page 4) b) LAFCO Notice Re Public Hearing on 5/23/73 to adopt spheres of influence for the Cities of Azusa, Covina, Glendora, Irwindale, San Dimas, Walnut and West Covina in connection with the unincorporated areas surrounding these cities. (Refer to Staff)(Refer to comments on page Cand 5) c) MIKE HANICH Re temporary license for a recreational 2222 W. Garvey Ave., vehicle sales lot adjacent to above West Covina address. (Refer to Staff) (Refer to comments on page 4) 2. PLANNING COMMISSION -SuMmary-,61 March 21, 1973. (Accept and file) 3. RECREATION & PARKS COMM. March 13, 1973. Accept (adj. mtg. and f ile) - 1 - 0 CITY COUNCIL CONSENT'CALENDAR - Cont'd. 4. HUMAN RELATIONS COMM. March 22, 1973. 5. YOUTH.ADVI.SORY COMM. a) SUMMARY OF ACTION b,) YOUTH SURVEY QUESTIONNAIRE C) SUMMARY OF ACTION 6. CITY TREASURER'S REPORT 7. TRAFFIC COMMITTEE MINUTES a) MINUTES - 2/20/73 b,) ITEM VIII Page Two 3/26/73 (Accept and file,) March 8, 1973. (Adj. Mtg.) (Accept and file) Request approval. March 20, 1973. (Accept and file-) Month of February, 1973. (Receive and file) (Accept and file I Items I - VII) 15fer to discussion on page Request for opening in Sunset Median. (Council Action) 8. CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) SHIRLEY SCHAUB Re tree falling on car and denting roof. 1217 E. Louisa Ave., (Deny and refer to Insurance Carrier) West Covina (Refer to discussion below and on page 3) 9. A.B.C. APPLICATION Chief of Police recommends NO PROTEST. a) LONGS DRUG STORES 727 S. Glendora Ave., Vest Covina 10. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) UNCLASSIFIED USE PERMIT LOCATION: Northwest corner of Grand NO. 156 Avenue and Fairway Lane. Standard Oil Co. of Accept street and storm drain im- 'California provements and authorize release of The.American Insurance Company faith- ful performance bond No. SCR 7106740 in the amount of $10, 500. (Staff recommends acceptance and release) (Refer to commentEl on Page 4) Councilman Lloyd.. Mr. Mayor, a question regarding Item 8, Claims for Damages. -How did a tree fall on a car? Mayor Young: We shouldn't talk about that, we might be giving away liability or somethingg Mr. Aiassa: Mr. Zimmerman: follow up with a report or find out. Mr. Zimmerman, can you explain? Councilman Lloyd I am not prepared to answer that witWout further review. I would belglad to do that and either answer it later this evening if I can Mayor Young: I would seriously like to speak to a point of order, Councilman Lloyclv without intending any disrespect at all, but I feel the issue may well be whether or not the tree fell down, who owned the tree, where the liability might be - - I don't think it is an appropriate subject for public discussion. We should - 2 - 41 It CITY COUNCIL CONSENT CALENDAR Cont'd. Page Three 3/26/73 perhaps go into an Executive Session - it is just a thought. Councilman Lloyd: May we ask the City Attorney? Mr. Wakefield: Mr. Mayor and members of Council, I have seen the claim but that is all I know about it. Councilman Lloyd: brought i�p the point of order on the thing and my question is simple-.Arw, I out of order in asking the question? Mayor Young: I didn't say you were out of order in asking the question. I ' stated I think it would be an inappropriate matter for public discussion at this point and would invite the City..,.Attorney's opinion on that. Councilman Shearer: Mr. Mayor - I will avoid the question of this tree and this City street. It is not infrequent that trees fall on freeways of which I am familiar with. Sometimes it is due to wind, or diseased trees, or a car running into the tree,, it-, is not unusual for the State to receive claims for parts of limbs or whole trees falling on,:Some bod' tK or Now,that is not speaking in regard to this tree or this City street. ing. Councilman Lloyd: I think we are hung up on a point, I don't agree with the Mayor but it really isn't a very big point in the first place and if it serves to satisfy himI will withdraw my question, but -I would still like to know what has'happened, It. is on the agenda and we are here to discuss the items on the agenda and I didn't put it on the agenda. Mayor Young: Well, in light ' of the comments just made by Councilman Lloyd I feel we should have an opinion from the City Attorney on the propriety of discussing the details of claims when those claims are yet pending. ' Mr. Wakefield: Mr. Mayor and members of Council, I think Councilman Lloyd was correct in inquiring as to what the facts might be, Now whether that does or does not indicate liability on the part of the City isq.df course,a different matter and one which would be inappropriate for discussion when the claim is pending consideration. Mayor Young: That is beautifully judicious - right down the middle. . Mr.-Aiassa: Mr. Mayor, I think I can probably answer the question Mr. Lloy ' d is asking. This accident took place at 1217.-East Louisa, West Covina, and the time and date of the accident was 10/30/72, a 1963 Ford 4-Dow.Sedan. It happened that a tree or branch had fallen and the''crew had gone out from the City, cut up the tree, removed'the branches and also took pictures of the entire incident. Councilman Lloyd: That is what the report -said, so let's drop it. I read the report, I know what that said. He doesn't want it said,so 'I withdraw the question'. Let's go on. Councilman Shearer: Is there a 100 day limit for filing a claim with the City - I notice this was in October of 1972. Mr.Wakefield: There is a six month limit. - 3 - 0 CITY COUNCIL CONSENT CALENDAR - Cont'd.- Councilman Shearer: Mr. Aiassa: Councilman Shearer: Mr. Mun.sell: With regard to know where the is for my own on staff know? Page Four 3/26/73 Item 1 (a), I would like to Troposed airport is, Thig information. 'Does somebody I Yes, I will forward a map to you. Thank you. With regard to :Item 1 (c), what is the present zoning on tFiat piece of property that the man is asking for a business license on? The property is currently zoned R-1. Councilman Shearer: I have several questions on the Traffic Committee minutes and before getting into that which might generate some discussion, I would like to comment regarding Item 10 (a). I don't know if anyone recalls this particular one. 'I :EFil this is the station we heard considerable testimony on at the time the Unclassified Use Permit was requested tying in Gulf Oil with Holiday Inn. Quite a point was made and when the station was built for some reason it turned�into a Standard Station. I think this illustrates one of the things we on Council are faced with, particularly when testimony is given to us by developers for zoning , or an unclassified use permit, etc., what may be the subject of testimony may not be what is built on the ground. Of course once we have granted an unclassified use permit for a service station the fact it isn't a Gulf Station and it turns out to be a Standard Station is perfectly permissibLe., Ye:t the applicant can come in and make quite a pitch for the need for this particular station stating it is near or tied in with Holiday Inn. Now whether that persuaded anyone on Council to vote to approve it or not that is water under the bridge or over the dam - anyway I couldn't pass.that up. Item 1 of the Traffic Committee minutes, I have a question with regarcr-tothe U-turns. The recommendation is to allow U-turns at Vincent and North Garvey. Are there going to be provided sheltered turning lanes at that location or does it have to be made from the through traffic lane-? Mr. -Zimmerman: Yes, it is a left turn slot in the median. Councilman Shearer: There is an item that I would like to have withdrawn unless the rest of the Councilmen are satisfied with the recommendation, that is with regard to Item 4, to give me time to discuss this with Staff regarding partial---cl—osing of the median at Grand and Virginia. I would like to have a little more discussion. I am not necessarily saying I disagree with the recommendation but I would like to sit down and see some of the background information that went into this recommendation. I would like to see it withdrawn and held over to a later time. I will move that the Traffic Committee Minutes Item 4 be withdrawn. Seconded by Councilman Lloyd and carried. Mayor Young: I have a question on Item 1 (b). This is on the LAFCO:public hearing to adopt spheres of influence and I note with interest the suggestion that the various cities involved do some preliminary work. 'I happened to be at a meeting with the Mayor of Covina recently and was chided by him that the City of West Covina has not yet appointed -Staff personnel to work with the Covina personnel on the that we.dealt with previously and there was a motion by the Council. -So MUM CITY COUNCIL Page Five CONSENT CALENDAR - Cont'd. 3/26/73 having been chided by the Mayor of Covina I would hope that we could expedite these discussions at Staff level. Mr. Aiassa: Mr. Mayor, we were waiting for the new City Administrator to take office and Mr. Russell and I had 'A phone conversation on it this week. -Mayor.Young: The Mayor mentioned that to me, but he seemed to have some minor thought in his mind that we should have proceeded on the theory that governmett never stops even in the absence of a full time City Manager. I givedt to you for what it ig� worth. According to Mrs. Ruth Benell..".. from LAFCO she says we can adopt our spheres of influence ' -we can settle them ourselvesbut if we don't LAFCO will do it for us. 'So I think we should take our best shot before LAFCO does it for us. Anything further - gentlemen - if not a motion would be in order. ,Motion by Councilman Lloyd that the Consent Calendar items 1 through 10 be approved with the exception of Item 4 of the Traffic Committee minutes. Seconded by Councilman Shearer and carried on roll pall vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 73-60 LOCATION: City Hall and other City Build - LEASING OF TELEPHONE ings. EQUIPMENT Bids were received in the Office of the Purchasing Agent up to 10:00 A.M., .Wednesday, January 17, 1973 and thereafter publicly opened and read. (Held over from January 22,,February 13 and 26, and March 12, 1973 to this date). Council reviewed Controller's Report. Mayor Young: Mr. Aiassa, is there anything further from Staff? Mr. Aiassa: I don't believe so. It is pretty con- clusive. Councilman Lloyd: Mr. Aiassa, I didn't fully understand your problem with contacting General Telephone, or did we just get a copy of the letter? The letter I am referring to was apparently March 16 - Mr. Altomare - what was the problem in contacting them? Mr.Eliot: It was just a problem of making sure that we did make contact. We don't wish to make a big issue out of it. It was just a case that they should be aware that we were seeking to meet with them and they did -respond to us and we are satisfied with their response. Councilman Lloyd: In other words you did get together with them and were able to do what you had to do in the time alletted? Mr. Eliot: Yes,sir. Councilman Lloyd: That is all I wanted to know. - 5 - 0 CITY COUNCIL Page Six AWARD OF BIDS: Bid No. 73-60 3/26/73 Mayor Young: Any further comments from Council? Councilman Lloyd: I think we have just about had it.all, Mr. Mayor. I received a letter from one of our cons titxtdli.t-%,�3 pointing out f-hat4qif Wd did in a certain way there would be some dire con - vats sequences and while I thoroughly believe we have every obligation to see that there is both fairness and,consideration and that all things being equal if-, it were just between ITT and General Telephone Company,there is no question in my mind that,I would vote for the General Telephone Company without even taking a deep breath. No question about the f act `,vB., have more people here in the City thz�t probably have closer liaison and contact as far as the City is concerned and they are more of the family, but all things are not equal. Financial- .1y the City stands to gain in a year's time approximately $6,000 plus the fact at the end of the 8 years we will then own the equipment vice leasing from General Telephone - is that not true? And while the equipment seems to be according to the report and I have no other way of looking at it, the equipment seems to be equal - it is a solid state system which does certain things as compared to another solid state system which does similar things. They are so equal as to not be questionable - am I correct about that,Mr.,Vanettes? In other words the development of the equipment we are talking about to all intents and purposes is of equal calibre and will give the same service? Mr. Vanettes: Yes sir. Councilman Lloyd: So the statement that we received regarding the fact that one was "state-of-the-art" equipment is simply not true. I appreciate what the individual was trying to do,but we as a Council have an obligation to find equality and equity and once we have done that we are charged with absolute responsibility and I think every member up here has discharged that responsibility of consideration, for the taxpayer's dollar. I have no choice but to go along with the recommendation of the Staff and I so move. Mayor Young: the first,to move in this we could anticipate being I wondered whether or not control we have over our or any other supplier. Mr. Aiassa: Mr. Wakefield: particular type of as such. There is City might control is the truth with Mayor Young: Seconded by Councilman Shearer. Mr. Lloyd,you brought up a point early in this discussion and I keep running across it, if we do this we will be the only City, direction. You brought up the point that used as a model or an advertising gimmick. we would get a return on that or what status as a model city for ITT equipment This was talked overwith Mr. Wakefield and I believe he -can acknowledge this. Mr. Mayor and members,of Council, there really is no effective way to control the use of the fact that the City uses a equipment from being advertised or publicized no pradfkca_1'-_' way that I know of in which the or regulate what ITT may say or do so long as it respect to the use�Lof_;th-e equipment. Are we on a ,Mr. Wakefield: If I go and buy a new car ' can the de ' aler run an ad saying "Bob Young bought 4 new car from different status than that? Yes, I think he may do that. Councilman Lloyd: Along with what,you just -said and I am - 6 - CITY COUNCIL Page Seven AWARD OF BIDS: Bid No. 73-60 3/26/73 sure ITT people are well aware of it, normally in doing business with the Federal Government no release may be made without sub- mitting that release back to that Agency and they have to submit not only the pictures but the written copy and that Governmental Agency has the right to change the copy, the thrust of the ad or whatever it may be to achieve what they are trying to achieve. In this case it is usually security they are presumably more worried about but I am sure that it would not be unreasonable to assume that ITT will accord us this opportunity. Mr. Aiassa: I believe if Mr. Wakefield will put it into legal language and ITT signs it I we will do it. Councilman Shearer: Mr. Mayor, I intend to vote for the motion that I just seconded but I would like to comment a bit on what Councilman Lloyd has presented. I think Staff is to be commended for coming in with proposals which did carry out our direct or indirect instructions about a year ago - to see if there was anything that could be done to lower the telephone bill. Now next year.if we can get them to work on the electric bill, gas bill and water bill, we might really have something going here. I have to agree with Councilman Lloyd when it get down to voting "aye" or "nay" on the situation I have to look at the dollars and cents. As far as -I am concerned,it a ears that both systems will give us a satisfactory level of pp I service based -on the new proposal from General Telephone which comes closer to meeting the ITT proposal. I have done some rough calculations here and over an 8 year period the City with ITT will only gain $8,000. Howeverafter that 8 year period the figure�goes up to $20,000 per year assuming we don't have to buy additional equipment. So the proposal from General Telephone is closer but to me there is enough potential savings with ITT to warrant going with the ITT proposal. Motion carried on roll, call vote as f ollows: AYES: Shearer, Nichols, -Lloyd, Chappell, Young NOES: None ABSENT: None BID NO. 73-78 Bids Received in the Office of the Pur- REPLACEMENT SWEEPER chasing Agent up to 10:00 A.M., on Wednesday, March 14, 1973 and thereafter publicly opened and read. Council review- ed Controller's report. Councilman Lloyd: Mr. Mayor, I note that Wayne Sweeper is eliminated from this and as I understand from the things presented to me at the League meetings we have attended and all the rest of it, Wayne Sweeper is probably one of the leading organizations in the area of street sweepers. Mr. Aiassa: The Wayne Sweeper is one of the first developed but since then we have had five or six other competitive sweepers such as Elgin and Mobil and sev&.ral others and most, of our bidding is done 0 i n a competitive basis. As you knowwe are replacing the equipment on a�depreciative funding basis. Maybe the details of this particular sweeper can be emphasized by Mr.*Eliot but this was a public bid. Councilman Lloyd: I understand that the bids -�ere', based on, a .3 yard capacity and that also Mobil plus 10 F11 - 7 - CITY COUNCIL Page Eight AWARD OF BIDS: Bid No. 73-78 3/26/73 Wayne has the standard of the industry at the present moment and is 4 yards? Mr. Eliot: I will say there are 4 yar�� and 3 yard sweepers, I don't know if there is such a thing as an industry standard. The specs were drawn up by our Street Department. I did inquire as to why we were using a 3�1 yard instead of 4 because Mr. Deatth,President of the Wayne Sweeper,did call me about it. Mr. wolffp our Street .Superintendent, informed me that it is a safety �actor. That the side vision driving close to the curb is much better on the 3� yard than the 4 yard'and our need was.a 3,1-2 yard and Wayne doesn't make a 3�i yard. 3,1-2 is a minimum requirement but as a practical matter of course,a 4 yard costs more to make than a 331-2 and that is probabiy whyWayne didn't respond to our bid request, but we did mail them a bid request. Councilman Lloyd: In the past we have talked ' 4 wheel versus 3 wheel - what is this one? Mr. Eliot: This is a 4 wheel. (Explained) Councilman Lloyd: I certainly have no objection to whatever the specifications called for and I have no ability to determine in the final ana . lysis whether it is good or bad, all Iwant is to know that we are giving every opportunity to every person to participate. And indeed if the 4 yard is superior then we should consider it but obviously you have considered it and you still feel 3h is the way to go, then I have no objection. Mr.. Frank Brown May I make a comment? I th�pk what the Mobil Sweepers Public Works Department is trying to do is just like with their trucks and cars and what have you - they are trying to standardize the equipment. Now,we don't make a 3 wheel sweeper, we only make a 4 wheel sweeper and a 331-2 yard.. it turns in the same radius that a 3 wheel sweeper will turn in. If there are any other questions that I can answer? Councilman Lloyd: Do you build a 4 yard sweeper? Mr. Brown: Yes, we do. Councilman Lloyd: How do you rate the difference between the 4 yard and the 3h yard?' Mr. Brown: Without going into great detail we feel the 3�_ yard is better on account of the visibility, because when you build a 4 yard sweeper you'don't have any rear vision. A 3;, yard sweeper is three times the safe'..- mobility of the man that is operating -the sweeper. Councilman Lloyd: Fine. Thank you very much. Motion by Councilman Lloyd that the City Council approve the NIXON-EGLI EQUIPMENT COMPANY's quotation and purchase of one Mobil 2-TE-3 sweeper for $18,271 less trade in of $500. Seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None THE CHAIR RECESSED THE COUNCIL MEETING TO CALL THE REDEVELOPMENT AGENCY MEETING�TO ORDER. COUNCIL RECONVENED AT 8.30 P.M. affl-M CITY COUNCIL Page Nine ORAL COMMUNICATIONS 3/26/73 Dave Lassiter I am here for two reasons. As a point of Teacher information,first of al4,,i would like to West Covina High School inform the Council and thus the citizens of the,.�community..,that,.-�we...a,te.,iprovidiftg fok....aur young people in the City and'-tbe community an opportunity this summer that I believe is rather unique. That is an opportunity to visita number of key musical cities and an opportunity to meet with the people in Europe, on a concert tour beginning July 14th through August 4th. Included in this three week tour will be five days at an international musicalewhich we will be taking part in with many students that will sing and play instruments from all over the world. We are forming a choir made up of students from West Covina and surrounding areas and at this particular moment most of the students happen to be from the City of West Covina - West Covina High School and also Edgewood High. Mr. Kinzler, a -Director of Music at Edgewood High School will be accompaning us on the -tour. We are calling the choir, since it is a combined group of singers and not from any,particular school, calling it The Golden State Singers, headquartered in West Covina, California. Also this group will continue4, , I know some questions have been made as to whether this is just for this tour, and this group will continue to operate and be open to students from Southern California ages 16 through 22. The cost of this tour is $775. We propose to raise one-third as a group for these students which means about $8,000 which we hope to raise through a drawing to be held at a concert to be held June 28 at the Citrus College Auditorium. We need from the City Council not money, and I understand you are very happy to hear we are not asking for money, but we would like to be able to present to the Cities we visit and the Mayors of those cities plaques from the City of West Covina. This is usually a traditional type of thing. They present to us a gift and we would like to present one to these Cities. We are not going to be doing concerts in.1arge cities such as Paris - it is our understanding the people in the outlying villages appreciate the concerts much more and we will be visiting these towns which really will give the students a better view of Europe,, So we would like to be -.,able to present to these cities a plaque from the City of West Covina. Are there any questions? Mayor Young: Councilman Nichols: Mayor Young: Mr. Lassiter: Mayor Young: Mr. Aiassa: IMayor Young: You can work with the City pleasure, gentlemen? Councilman Nichols: would embark upon a project Gentlemen, I don't know if Mr. Lassiter has talked to others of you or not but he has talked to me about this. He hasn't talked to me but I think we ought to approve it before he asks for money. How many plaques would you have in mind? At this point we plan to give two concerts on the average per week which would mean a half dozen or more plaques. Will this create a problem - Mr. Aiassa? I don't believe it will. I think we can, provide six plaques. The plaque -tiles we have our very attractive and make a very nice presenta- tion appropriately engraved in some fashion. Manager's office on that. What is your Seriously,Mr. Mayor,/ -and I may have made light of it a moment agotbut I am much gratified that a group of our citizens of this magnitude and plan to fund it - 9 - CITY COUNCIL Page Ten ORAL COMMUNICATIONS 3/26/73 completely in the private sector through fund raising activities, and the request to Council for a half dozen or dozen or two dozen plaques is in fact the most minor aspect of the efforts being undertaken to pr6vide this. I think all of us really, joking aside, are pleased that you come to us on this basis and ask us to partici- pate through this small token that we can offer and that you carry it in the name of our City. You know he did not indicate this was going to be the Chamber's thing, or West Covina High, or West Covina Council Chora�T, but The Golden State Group, headquarters in West Covina, so really I think they are doing the City an honor and a favor by coming to us and asking us to participate in this way and I am pleased and appreciate that and I concur we should participate. Mayor'Young: I am sure you speak for all of us, Councilman Nichols. Are there any further comments? Motion by Councilman Shearer that the City Council authorize as many plaques up to a maximum of fifty that The Golden State Choir will need on their upcoming trip. Seconded by Councilman Chappell and carried on roll call vote: I AYES: Shearer, Nichols, Lloyd,.Chappell, Young NOES: None ABSENT: None Mayor Young: Mr. -Lassiter: And y,6ti-can g9,.,with_.-,. our blessing - Mr. Lassiter, good wishes to you on your fund raising and on the tour itself. and present the plaques to Thank you. We would. also like to take this opportunity to issue a formal invitation to the Mayor of West Covina to accompany us the Mayors of the various villages. Mayor Young: Thank you. Anyone else wish to address the Council at this time? (THE CHAIR CALLED A RECESS OF THE COUNCIL MEETING AT 8�40 P.M. COUNCIL RECONVENED AT 8,52!!T-1_`M.) Mayor Young: Councilman Lloyd calls to my attention that there may have been some one else that wished to address the Council under Oral Communica- tions, so if there are no objections by Council I will reopen Oral Communications. Bill�Ellis We still have this left turn problem on 648 South Sunset the median strip. I must have been sleeping West Covina when you passed over it. I don't know whether you have a copy of the Traffic Committee meeting minutes? Mayor Young: Yes, we do. This was item 7 and we do have a detailed report regarding that meeting and the whole situation there and the con- clusion being that the protected left turn U-turn at Sunset 'and --West Covina Parkway plus the other me-,ans of access but that in particular for the southbound Sunset traffic would be sufficient for the area that you speak to and further that the distance is inappropriate to provide for a left turn access g�.t the property itself without creating a traffic hazard. These are the general conclusions of the report. Mr. Ellis: Well a-y point out they ,,Mayor Young if I m are showing 2701)at-Sunset Place and 2901 at West Covina Parkway and there is approximately 8001 there - that leaves about 2401 so I don't see why we couldn't get just a two car turn in. - 10 - CITY COUNCIL Page Eleven ORAL COMMUNICATIONS 3/26/73 This is going to funnel all the traffic from southbound, if they can get into the lefthand lane, into Alpha Beta's access and make a major highway out of that parking lot. There will be internal traffic problems that will be unbeliev.Able because everybody will be heading for the Alpha Beta parking lot and that is going to be an impossible situation. My people are all unhappy about it. I have talked to the engineers and they say engineeringwise it is feasible and all the rest of the problems are solved but on Number 5 they are comparing apples to oranges because they are only comparing painted medians with painted medians not against raised medians with breaks in them. Every one of their accident rates here are based on painted medians. There is not one statistic here with access through raised medians. Mayor Young: Is there any one on Staff that can react to that particular point? Mr. Zimmerman: Mr. Mayor and members of Council, we do have a slide presentation which I think could describe it if you care to go into that detail or we can discuss the accident problem which our studies do show are considerably greater on a road of this type with an opening in the median than one in which the raised median is closed. I think it is 1.3 accidents for a million vehicle miles versus 1.9 so there is a very considerable safety factor.in this type of opening. Mr. Ellis: Your 1.94 is existing accident rate on a painted median on a very bad road. That has nothing to do with it. The 1.7 is also a painted median and has nothing to do with raised medians. You are comparing apples with oranges on your accident rates. Mr. Zimmerman:' My understanding is that the accident rate is between a raised median which is closed. Mr. Ellis: I am reading it on Page 20 of your Traffic Committee meeting minutes. Councilman Lloyd: Mr. Mayor, may I raise a point of order on this, and I don't mean to be dis- respectful and I am going to give you an opportunity - Mr. Ellis - I hope if I have the concurrence of the other Councilmen, but in our procedure here the argumentative pressure is not added into the meeting, it serves no purpose because we get opinion and not fact. Mr. Mayor, I would make a motion that this item be re -referred to Staff where they can look at it and work with Mr. Ellis and perhaps come up with some solution which would be equitable to the problem. Councilman Nichols: I will second it to get it on the floor and then I have a comment. This matter was before the Council at the last meeting. The Council indicated a concern about.the problem as rasied by Mr. Ellis. I inquired of the City Manager a day or two later as to what the Staff's concerns were about this and what might be done and the information Ireceived was "it was being taken care of." I made an assumption, I suppose obviously somewhat erroneously, that there was immediate consideration being given to a change order and its opening a median turn in that area. I don't set myself up as a traffic expert, I have a question in my own mind as to --' whether ---- it is or is not traffic wise practical to put a cut throd4lli a median strip there between the area and the Parkway. I also am superficially ", f�'-tiie--4inlon -thaCt, 4,pkote�ated U--turn-at Walnut, Qreek;- Rark-way_would give 0 ample opportunity for southbound traffic to move into 'that area and come back up Sunset and get in atany point they wanted to. I really don't (-e.nV-i8.age that area as a drop in area but one that attracts people coming in intentionally to patronize certain types of businesseso CITY COUNCIL COMMUNICATIONS Page Twelve 3/26/73 I think the critical question before Council now is, l)- do we accept the Staff recommendation which is based upon a review of a week; and 2)- if we do not, in terms of the contract and the commitment of funds for the work, can a further delay,be made? I think the priority element is the implication of further delaying this matter and I make that comment relative to Councilman Lloyd's lemotion. If the decision can be delayed further then I think it should be delayed further so the Council can re -refer this again to Staff and take a little more time on it. I would really like to get an answer first of all to the question - what is the implication of a further delay in this matter? Mr. Zimmerman: I believe anothertwo or three weeks could be utilized without endangering the progress of the contract which is now underway. The median does not have to be closed as presently planned within the next two weeks. Councilman Nichols: My final observation would be that this matter came before us in an open presentation last time and I think Council reasonably has a right to assume that when the Traffic Committee meeting minutes came back to us this time with a recommendation that it had been the result of some sort of a resolution of the problem. The result we have tonight indicates that was not the case. I think therefore it should be delayed further and the Council should be given a little more depth'.in-reporting in terms of what the final recommendation is to be before it comes up before Council and has to be ',thrashed,_ out,. in_�­an zijaral situation. I think a matter of this concern should be one that really is prepared for a soluticn in advance and at least we will anticipate a hearing situation or anticipate a resolution. -'L..-'When a�.M;htter..*of _. thi.-�­type repeatedly comes back through the minutes with recommendations and then we end up with concerned businessmen before the Council turning a communications situation into a testimonial, this is not desirable. Oral Communica- tions is supposed to be a time when people convey a concern to Council and this type of concern can't be answered short of involvement which is less than what the Council would like to have in Oral Communications. So I would hope we would either get an agreement with the concerned businessman or the Council might be aware in advance that no agreement was achieved.and the recommendation of staff was anterior to the feelings of the people in.the community. I would accept the motion to carry this matter over. Councilman Shearer: Am I correct, the motion was to refer back to Staff? In that case I will vote against that motion. I feel there is absolutely nothing to be gained in referring back to Staff. As I have said on numerous occasions I hope that Staff always in their recommendations and reports to the Council base it on a sound engineering decision, or that -the Fire or Police decision is based on sound fire or police decisions. I think the'recommendation of Staff is based on sound engineering judgment and if we refer it back to taff we are in effect saying work something out that is agreeable with he people and the onlything I believe that is going to.be agreeable is an opening there and that is in conflict with the engineering judgment. I think if there is going to be any decision reached by this Council other than that Which% forthe-aming; by Staff, it is going to have to come from us and not expect the engineers� to say it is "wise engineering decision to place a median opening in this location". So therefore I will vote against refieri�in.9:�itbatk:,.to,-S.taff.- - 12 - CITY COUNCIL ORAL COMMUNICATIONS Page Thirteen 3/26/73 Now on the other hand if we want to have a public hearing at a later date where Council can interject mercy, justice, politics or whatever you want to call it to somewhat over- ride the decision by the professional staff that is one thing. I think in referring it back to Staff it is telling them we want you to change your decision and I never want that situation to be, so I will vote against the motion as it now stands. Technically we already have accepted the recommendation of Staff to go ahead with the plan as submitted. Are we out of order in reopening it? Mr. Wakefield: You can reconsider it. Councilman Chappell: We have ­a presentation from Staff, slides, etc., which might make us better informed an this project, but I am remembering the opposition we had with the State Highway Department in the closing of off ramps through our community - their thinking is to move traffic down the road and our thinking is to get the traffic off the road in our City if they so. desire. I think we may have the same'thing here again. Our people want to move the traffic down Sunset where we Q may really want to allow the traffic to flow into the :shopping center. '.. We closed some streets off at Michelle down Azusa and I can understand that, but at the moment I can't understand the importance of moving traffic down Sunset when we are affecting the business community. So I would like to call for the slides and the presentation that has been prepared for us this evening which might make us a little more informed on this subject, at least make us vote one way or the other a little more intelligently. Councilman Nichols: May I respond to that Councilman Chappell? I don't want to create an inference of bias. I have no bias either in favor of giving additional access or in oppositi6n-'.t,6 it�.` 1, ' could'think of., arguments that could run in both ways. I can remember very careful engineering studies that said "let's not have a stop sign or red light at Grand and Barrancall and all traffic engineering studies indicated we should not have this and then we have traffic accidents and public pressure comes down on us and the next recommendation that comes out of the same group of people recommends the installation of a signali.- zation.. I think these matters do reach a point of a matter of judgment and even after you weigh all of the soundest possible engineering values that you may have clearwise you reach a point of decision and sometimes there are emotional or political aspects to it that may tip it one way or the other. I certainly understand why Councilman Shearer reacts in terms of sound engineering principles as well he should, as well we all should, but I am a little bit con- cerned,that we move into a hearing situation tonight and push us on possibly to a decision that might be premature. For instance I had hoped Staff would come back tonight and provide the alternatives. I believe the Staff of this City understood two weeks ago that this was partly engineering and partly political consideration. Perceptivity of long term city employees would certainly indicate that - it would seem to me that when this thing came up tonight if it was still in the area of controversy that these r6p,,tibds and all this data would have been provided to us' tonight. Now if the slides are here tonight to support an engineering eiewpoint then we are seeing one side of the coin only. If the slides an also indicate to Council the alternatives and what the implications re so we can weigh this objectively then I would favor going on into it tonight. If all of that information is not before us then I would concur we have to wait two weeks and then see the slides and see the alternate proposals and weigh it in terms of that. My own viewpoint is can we see both sides of the coin tonight or are we seeing a slide presentation to support a Staff recommendation? My position in terms of the vote on the motion on the floor would relate to that, so can we have an answer to that - does a slide presentation involve alternativesof' ------------------------------ ---------------------------- 13 - CITY COUNCIL ORAL COMMUNICATIONS Page Fourteen 3/26/73 or, --does itv,involve A, suppbrtive presentation? Mr. Zimmerman: The.slide presentation does show a median opening with a driveway at the approximate location Mr. Ellis's petition indicated and presents probably not in a positive manner but it does show it. *Mayor Young: I 1ik&--Councilman Shearer's idea - set it for a public hearing and receive the evid I ence and act on it. Councilman Shearer: That was not my idea. I would just as soon not do that, but I would prefer that to sending it back to Staff and expect to put the burden on them to reach agreement with Mr. Ellis, and I don't think they are going to reach ' agreement with Mr. Ellis. If there is agree- ment with Mr. Ellis it will have to be based on these other little side issues - mercy, justice, politics, or whatever you want to call it, and giving it back to Mr.,Zimmerman and his people is not the way to go. Councilman Nichols: A Public Hearing would involve Mr. Ellis and his supporters coming out enimasse giving testimony, it certainly would not involve anyone else in the community but would not be a public hearing any more than it would reinforce the position that is being clearly stated here. I think the Council's task is one to determine whether feasibly that opening can be achieved based on the evidence presented. The citizens who have an honest bias will not add much to the evidence anyway. -We have a motion on -the floor to hold the matter over and I am prepared to vote against the motion I seconded and get on with the slide presentation and perhaps reach a decision tonight. Councilman Lloyd: Mr. Zimmerman indicated two weeks was not a critical item and if we have a public hearing as has been suggested we will go two weeks and then we have to make a decision after that and then we may have to go further than that and as Councilman Nichols says this affects only a small group of people, the rest of the City could care less, so a public hearing is not as applicable to them:as far as I am concerned if you want to make the decision tonight let's get on with it. We can make a new motion and start out from there. Motion failed, all voting "no". (Sl . ides shown and explained by Mr. Zimmerman as to the present entrances, proposed entrances and the entrance requested by the petition. Questions asked, explained and answered by Staff.) C ouncilman Nichols: When this project is completed and the * median strip is put down the middle will it be at that time the capability of making a protected U-turn southbound at Sunset and Walnut Creek Parkway?. I Mr. Zimmerman: Councilman Nichols.: Mr. Zimmerman No. completed in September or Councilman Nichols: How long before that capability will exist? We anticipate the contract for the left turn'will be in September and it shouldbe I a relatively short contract so it should be October. When would this current project be completed the median opening? - 14 - CITY COUNCIL Page Fifteen ORAL COMMUNICATIONS 3/26/73 Mr. Zimmerman: The raised median at the Ellis driveway on Sunset will beinstalled sometime in the next month under the current program. Councilman Nichols: So at:best you are indicating four to five month lag between the completion of this project and the installation of the median strip and the provision of a U-turn situation at that inter'section. Mr. 7,immerman: That is correct as far as that particular phase is concerned. (Mr. Zimmerman continued with the showing and explaining of slides. Stated the one change is from the Ellis property for southbound traffic onto Sunset Avenue. Instead of it being as it is now you would have to go up to the Alpha Beta entrance or exit out onto West Covina Parkway and both of those involve going through a signalized intersection, where the safety feature is involved, existing directly from the driveway is an unprotected movement through the heavy tralfic) Councilman Shearer: That portion of Sunset Place - that stretch in there how wide is that? Mr. Zimmerman: That will be closed under the current contract. Councilman Shearer: What will be done with that section of the street? Mr. Zimmerman: There has been no decision or proposal made yet but it is under consideration with the RedevelopmentAgency to be included as part of the parking lot, that will depend on the studies now being under- taken by their Traffic Consultant. Mayor Young: Are there easements existing for the Ellis property so the cars can properly drive over the Alpha Beta property and out onto Sunset Place-, or is that just a use that is tolerated as the matter stands? Suppose Alpha Beta decides to build a fence out to the street, in fact.I think Broadway has one. Would there be anything to keep, them from doing that? Mr. Zimmerman: Mr. Mayor, there is a reciprocal parking agreement whereby Mr. Ellis, his properties have the right mutually to pass over the Alpha Beta property. I believe it is a mutual easement either way it goes. The future egress points would be the same with the exception there would be no southbound movement out of Mr. Ellis's property onto.Sunset Avenue. (Continued showing and explaining slides of the current arrangement, showing the median as presently approved by Council under the going contract, stating there will be a raised median providing for the sufficient length of left turn slots which our Traffic Committee says are needed to service the Redevelopment Agency's CBD under the heavy traffic loads that will go southbound on Sunset Avenue and eastbound on West Covina Parkway and also the increased loads proposed to go into the service center because of the addition of the parking structure which will add several hundred more parking spaces ,into the Civic Center and will throw all of the load of the Court House parking into that area instead"of into other driveways along Sunset. Explained the slide shown purporting to be a median location on Sunset with a slot opening stating it would be necessary to have suf f icient room f or the proper length trans.it ion -1 and basically eliminate the left turn slot into the Civic Center. Explained the length of the reduced left turn pocket into the Civic Center and the commercial property. The other approved now under the program for TOPICS for the signal installation at West Covina - 15 - CITY COUNCIL Page Sixteen ORAL COMMUNICATIONS 3/26/73 Parkway and Sunset Avenue and on that basis 'Staff would not recommend under any circumstances any alteration in it. The one at the Civic Center in Staff's opinion would then be deficient, and for that reason Staff -does not feel there is room for a left turn opening,in the median, aside from the safety factors involved.) Councilman Nichols: Mr. Mayor, I will stand with the Staff recommendation on this matter. I think I have seen enough and heard enough and weighed enough - I don't think it is practical to break that median up any further. I think there is going to be a delay of some four or five months before total access but I think with the protective U-turn anyone desiring to reach that property southbound will be able to relach it appropkiately without a great deal of difficulty and I think the price of that delay is worth a much better long time circulation. Althou�h I would like to see a better access to 9 that stretch of driveway and the access.into it and out of it, but if there is no viable alternative I will accept the Staff recommenda- tion. Councilman Shearer: I think this question goes far beyond those few people that have property, leases or businesses in the area, I think the City has not only an obligation to them but to all of the citizens that drive up and down Sunset Avenue to provide a safe situation. We had another item on the Traffic Agenda meeting tonight involving a median opening at Grand and Virginia. Ther e was a recommendation in there which would limit access because of a high number of accidents. I think that the proposal on the board with the reduced lane into the Civic Center g§uperimposes an additional left turn between the two intersections and while it -would bea good access perhaps I question the safety standpoint of it. If we provide access to southbound turning leftpeople coming out of the driveway wanting to go back south will present another conflict and I think the more conflicts you introduce the more potential accidents you have and it would be my opinion that in a year or so we would have this matter before us again because of the number of traffic accidents in this location. Now we can't have everything, but I think we owe it to all the citizens to provide - Number 1, a safe street as well as access to the property and I think access can be provided under the proposal in a much safer situation and safer manner than the other way,� so I will vote to go along with the Staff recommendation. Councilman Chappell: I look at it a little differently and I don't know why. Can we have the slide back again showing the left turn itself? Arewe contending that the traffic is going to flow faster after it leaves Sunset, that the traffic is going to start flowing very fast and the reason it is unsafe to have a left turn section in there is because the traffic is starting to flow so fast that the people can't observe this type of situation? I don't see forty or fifty cars a minutes Or even an hour making that left hand turn in there and not being a traffic engineer like Councilman Shearer I don't quite see this danger that we keep talking about here. 1.3 accidents per million vehicle miles - - because you have two stop signs and you have traffic slowed down before moving into that -area. As I say I am not a Traffic Engineer but I do drive the streets in our town all day long and I would say any one alert and with their eyes open would see that. There are left hand turns all through the business community up on Citrus and the only reason they have it there is to get the traffic moving into their property. I find no fault with this as a layman, as somebody who drives frequently which to me it would be obvious there is a left hand line turn there and as you move over into it you have a safe area to park and you hold your car until you can make a left hand turn there. I don't see the hang up here with a left hand turn. - 16 - CITY COUNCIL Page Seventeen ORAL COMMUNICATIONS 3/26/73 Councilman Nichols: one of the problems we do face though can be demonstrated for instance by Sunset.Avenue opposite Sunset School where they have created a left turn pocket in the middle of the block for access into the parking lot on the north end of the Inter -Community Hospital Center. What you see is the people tend to use that same break to get across the street andrbt using the turn pocket at all but people coming from the other side trying to get through. I recall a year or two ago where unfortunately the principal of the Continuation High School attempted to use that route and was struck in the rear of his car because he was attempting to make his turn from another direction. When you approve a break in a median strip for one direction the tendency for the individual is to attempt to go out the same way and to cut through that median strip and it is not a protected situation. Openings midblock are always somewhat hazardDds:.,and when you create one with such a short difference between the Civic Center pocket from the other distance I think the burden of proof really has to be on the engineering I principles as to whether it is feasible. If this in fact were closing off access to this property I would be much much concerned about it. That is why I raised the points I raised, but anyone coming down Sunset Avenue that intends to go into that area to shop there I don't feel is greatly inconvenienced by going a few f6et further and making a protected turn at a signalized intersection with the capability of a U-turn and returning immediately to the area. If that were not being provided then I would have to think about it otherwise, but with that being provided at a delay of a few months only it.does seem to me that the prudent .7 course without very much penalty indeed would be to keep that median clearance there and to provide that access either through the protected U-turn or out of the West Covina Parkway access. Now when people come out of that shopping area if they do desire to go southbound there are several ways of gaining access to West Covina Parkway and back onto Sunset and many of us who trade in the area, and indeed I do - I get my haircut there, I buy my paint there, I am in and out of there at least once*or twice a week and I find no trouble of getting in and out there now on West Covina Parkway southbound. So I think the critical element is the access to that Center by southbound traffic on Sunset. Now the penalty that will accrueby not having that median opening would be by driving not more than a couple of hundred feet south and coming into a protected slot and having the capability of making a protected U-turn to go into that Center. I really don't feel that this is a great penalty being attached to this center when you relate it to the additional. safety factors:i by keeping that median closed. I would go along with the Staff recommendation. Mayor Young: Mr. Zimmerman, after this is all finished will you be able to get into the Ellis property at Sunset Place - southbound? Can you. make a left there and get into it? Mr.,Zimmerman: Yes, there will be an entrance there to get to all those properties - Alpha Beta, the Shopping Center or the Ellis properties, they are all available through that entrance by some route. Mayor Young: What the public has to condition itself to is to either anticipate and turn lef t at Sunset Place *and if they miss it they have to overshoot by a few hundred feet and make a left U-turn at -West Covina Parkway and go back? Mr. Zimmerman: That is the case as soon as the left turn arrow is put in. The other ' alternate would be to go to West Covina Parkway and turn into the property. - 17 - CITY COUNCIL Page Eighteen ORAL COMMUNICATIONS 3/26/73 Mayor Young: I think the type of business enterprise, particularly as the Ellis property is taking on a new posture now and it becomes more of a specialized center, that is a place you select to go to and you will get there, rather than a drop -in type of clientele which I think they are leaning aw ' ay from with the present development, this should provide adequate access to it and I am going to go along with the Staff Report too, although I am sorry as I am sure we all are that we can't accommodate every convenience. If we did, no telling what kind of a hodge-podge we would have, we have nothing but a hodge-podge throughout the City as it is. One thing I think we are going to have probably is a minor civil war until that left turA arrow gets in and also if that median goes in before the new parking structure is open here northbound traffic has one whale of a time getting.into the court house parking lot, I don't know how they will manage it. It is too bad we couldn't coordinate things a little better, but I guess we will muddle through it somehow.- I will support the Staff recommendation in light of the presentation. Councilman!Shearer: Mr. Mayor, I would like to make one further comment and I am sure the people in favor of the opening won't agree with it, but there is somewhat of a philos6p4ical. approach. I think that any City and a comment was made about Covina and Citrus Street, but I think in my opinion more people -ate probably discouraged from shopping along Citrus because of the traffic situation of the extreme difficulty of getting through the area then are encouraged because of the various things which inhibit movement of traffic. I think A -safe street, one that people can move quickly into and out of will bring people into the area more than it will'drive people away because once they get there they may have to drive a little further under a safe condition and a '--.free_*. flowing condition than one which they can safe a few hundred feet and turn in directly. of course this can be debated from now until the wee hours of the morning. I will move that we again approve the Staff recommendation with regard to the median on Sunset. Seconded by Mayor Young and carried.on roll call vote as follows: AYES: Shearer, Nichols, Young NOES: Lloyd,,Chappell ABSENT: None PUBLIC WORKS TOPICS PROJECT NO. TS-72004 T-3041(224) INSTALLATION AND MODIFICATION OF TRAFFIC SIGNALS AT FIVE INTERSECTIONS: Azusa Avenue - Cortez Street Vincent Avenue Rowland Avenue Sunset Avenue Workman Avenue Sunset Avenue North Garvey Avenue Sunset Avenue West Covina Parkway (Council reviewed Engineer's Report) Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to approve plans and specifications and authorize the City Engineer to call for bids at such time as the plans and specifications are approved by the Federal Highway Administration. TOPICS STUDY FINAL REPORT (Council Reviewed Engineer's Report) Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to accept the final draft.of the area - wide TOPICS Study prepared by Gruen Associates and City Staff, and authorize the City.Engineer to submit the study to the State Division of Highways and Federal Highway Administration for approval. I CITY COUNCIL Page Nineteen PUB..WKS. - Cont'd. 3/26/73 PLANNED COMMUNITY DEVELOPMENT LOCATION: East side of Azusa Avenue,, NO. 1-1 R-3 700 ft. south of Amar Road. CONTINENTAL MULTI -HOMES, INC. (Council reviewed Engineer's report). RESOLUTION NO. 4702 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CORPORATION GRANT DEED EXECUTED BY CONTINENTAL MULTI - HOMES, INC., AND DIRECTI ' NG THE RECORDATION THEREOF. (Easement for Sanitary Sewer Purposes.) RESOLUTION NO. 4703 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING A -CORPORATION GRANT DEED EXECUTED BY CONTINENTAL MULTI - HOMES, INC., AND DIRECTING THE RECORDATION THEREOF. (Easement for water purposes) Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Resolutions. Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Resolutions. Councilman Shearer: A question with regard to the wording in the Staff Report. It states "in order for the City to provide sanitary sewers and water.... does it mean wh ' at it says - we provide sanitary sewers or is that an obligation of the developer? Mr..Zimmerman: Mr. Mayor and members of Council, it perhaps would have been better wording to say "to provide sanitary sewer service and water service to the property.18 Councilman Shearer: The construction of these will be the developer's responsibility and all we are doing is providing the easement? Mr.,Zimmerman.: The developer will install and dedicate them to the City. Motion carried on roll call vote as follows: AYES: Shearer, Nichols,Lloyd, Chappell,Young NOES: None ABSENT: None SEWER ASSESSMENT DISTRICT LOCATION: Lark Hill Drive. NO. A 111-73-1 APPROVE PLANS, SPECIFICATIONS AND ASSESSMENT MAP;.DECLARE INTENTION TO CONSTRUCT SANITARY SEWERS AND SET PROTEST BEARING DATE. (Council reviewed Engineer's Report.) RESOLUTION NO. 4704 The City Attorney presented: ADOPTED "A RESOLUTION OF�THE CITY COUNCIL OF'THE. CITY OF WEST COVINA ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATION. FOR THE CONSTRUCTION OF CERTAIN SANITARY, SEWERS IN LARK HILL DRIVE AND OTHER RIGHTS OF WAY IN THE CITY OF WEST COVINA." RESOLUTION NO. 4705 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA APPROVING MAP OF ASSESSMENT,DISTRICT FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWERS IN LARK HILL DRIVE AND OTHER RIGHTS OF WAY IN THE CITY OF WEST COVINA." - 19 CITY COU I NCIL Page Twenty PUB. WKS.: Sewer Assessment Dist. #A 111-73 3/26/73 RESOLUTION NO. 4706 "A RESOLUTION'PF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO CONSTRUCT SANITARY SEWERS IN LARK BILL DRIVE AND OTHER RIGHTS OF WAY, DETERMINING THAT BONDS SHALL BE ISSUED TO -REPRESENT THE COST THEREFOR., AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT AND,SETTING THE PROTEST HEARING APRIL 23, 1973.11 Motion by Councilman Chappell, seconded by Councilman Lloyd and. carried, to waive further reading of the bodies of said Resolutions. Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt said Resolutions and carried on roll call vote: AYES: Shearer, Nichols,.Lloyd, Chappell, Young NOES: None ABSENT: None CITY ATTORNEY ORDINANCE' Mr. -Wakefield: Mr. Mayor and members INTRODUCTION of Council, there is a (Noise) Staff Report which recommends that further consideration of this Ordinance be deferred pending your budgetary considerations with respect to the necessary noise recording equipment. Mayor Young: Is it the desire of the Council this evenin ' g to question this Ordinance at this time or would it be appropriate to hold? Motion by Councilman Chappell to defer this item pending approval of the budget for the necessary equipment. -Seconded by Councilman Lloyd. Councilman.Shearer: Mr. Mayor, I have quite a few questions regarding this which I will defer. I was wondering if it is possible for staff to set up for my benefit at least, some sort of a demonstration. Throughout the ordinance we talk about a 5. decibel variation between the ambient noises and that created by a TV set or other amplified equipment. That doesn't mean too much to me. I don't know right now whether my voice is 2 decibels, 10 decibels or no decibel. So to pass an ordinance that says you cannot play your TV 1-ouder than 5 decibels - now is that reasonable or unreasonable? I would like to have demonstrated what that actually does to one's ears. Maybe it is reasonable and maybe it is not. Can you give me some idea of what the difference is between say 50 and 55 decibels? Mt. Zimmerman: Yes, it would be possible at any -,appropriate time to have a demonstration before the City Council or any portion of the Council as you would desire. There was demonstrations of the equipment given at the symposium in downtown Los -Angeles which was attended by a very large number of jurisdictions in Southern California and I am sure we could borrow some of that equipment or get vendors to make such a presentationi Councilman Shearer: I would appreciate that beCause my concern is that not all laws are necessary so whether it is the noise of a TV set or the height of a hedge or whatever so we don't get so restrictive that every time my neighbor decides to have a disagreement with me he can say "hey,your TV sot is a little too loud" and if that comes in in a 5 decibel range I think maybe we should raise. it and if 5 is a significant situation and it is that disturbing then that is one - 20 - CITY COUNCIL CI.TY 'ATTORNEY: Noise Ordinance Page Twenty-one 3/26/73 thing but I would like to preceive that before voting on it. Mayor Young: I agree with Mr. Shearer's comments even though in some ways it is good for my business. Councilman Lloyd: Mr. Mayor, I do have a comment on this in that I guess I was the one that asked for this in the first place, and I would say that Staff has been patient in trying the thing and I do agree we should probably hold it over for ;�i_demonstration. In our society today if we are going to live together in some relative areas of peace and harmony we are going to have to have controls on noises that are unacceptable to people. I don't know what those noises are but the point -I make on it is that I do encourage this Council to certainly review this ordinance, however I do also concur that I find no fault with'taking our time to arrive at it but I think it is an extremely important social function and -I remind you that we move on other things with a great deal more alacrity and I would like to get on with it. Motion carried. ORDINANCE NO. 1217 Mt. -Wakefield: ADOPTED the zone on the Before the City you may wish to respect to their situation and what they development will proceed according to the this 'Ordinance was considered. ,Mr. Mayor and members of the Council, this Ordinance is for adoption, it changes California Triangle property. Council adopts this ordinance hear from the developers with feel is the possibility the Precise Plan at the time Mayor Young: Could this action be deferred, Mr. -Wakefield, past the March 30th date? Mr. Wakefield: I think not, simply for the reason it seems obvious that the developers will not wish to purchase the property under any circumstances unless they are assured that the zone will be changed and the development can proceed. I think in this particular instance there is only one alternative available to the City Council, that is either to adopt the Ordinance this evening upon the basis of the representa- tions Of the developer that they feel the present problems that have brought the situation to an impas�se can be resolved or if not then it seems to me the project must necessarily fall by the wayside. Mayor Young: If the Ordinance is adopted and then the project should fail for some other reason. not related to anything we are doing what would we do then? We could repeal the Ordinance couldn't we? Yes, Council could always repeal-. the ,Mr..Wakefield: ordinance before it becomes effective at the end of the 30th day from the date of its adoption. So you would have two meetings during the month of April in which the -Ordinance could be repealed if that is the course you desire to take. Mayor Young: Does anyone on Council desire to hear from the Cal-Park.Properties at this,time? Councilman Nichols: I don't personally have a desire to hear from them, but I would like the record to reflect that the Council's action and my vote anyway on this matter is in the sense that a legitimate package has been put together.for development in the interests of the merchants and citizens' of West Covina and a very salient part of this 21 - CI I TY CO I UNC I IL Page Twenty-two CITY ATTORNEY: Ordinance No. 1217 3/26/73 0 I was the effort to at least offer the opportunity for our merchants to participate in this development. And if after the vote to firm, this zoning for it should there be any implications at all that the proposed development with the requirements placed upon it by the Redevelopment Agency and the Council has fallen by the wayside because the property owner expects to retain that zoning and gain som - e additional benefit to himself, if that is the assumption I would personally be prepared to move immediately to zone this property back to its current status. My vote for this zoning is in good faith to enable the proposals made to be implemented and not to create value for any other parties to speculate on the land at the expense of the good faith of the City of West Covina. The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. ( ' Zone Change Application No. 480 - West Covina Redevelopment Agency)" Motion by Councilman Chappell, seconded by Councilman Lloyd and to waive full reading of the body of said Ordinance. carried, Motion by Councilman Chappell, seconded by Councilman Lloyd to adopt said Ordinance. Motion carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Mayor Young: For the record my vote is cast in,the same light as Councilman Nichols'. ORDINANCE NO. 1218 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY -OF WEST COVINA AMENDING SECTION 3140 (c') OF THE WEST COVINA MUNICIPAL CODE, DELETING A PORTION OF GARVEY AVENUE FROM THE TRUCK ROUTE SYSTEM." Motion by Councilman -Shearer, seconded by Mayor Young and carried, to waive further reading of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Nichols, to adopt said Ordinance. -Motion carried on roll call vote: AYES: Shearer, Nichols,,Lloyd, Chappell, Young NOES: None ABSENT: None ORDINANCE NO. 1219 Mr. Wakefield: This Ordinance is the ADOPTED Urgency Ordinance prepared based on the recommendation of the Redevelop- ment Agency. It is entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0 1 F WEST COVINA PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR ADDITIONS TO OR ALTERATIONS IN THE EXTERIOR OF THE BUILDINGS WITHIN A PORTION OF THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT AREA PENDING THE COMPLETION OF A ZONING STUDY OF THE AREA AND DECLARING THE URGENCY THEREOF, -TO TAKE,EFFECT IMMEDIATELY." Motion by Councilman Shearer, seconded by Councilman Lloyd, to waive' full reading of said Urgency Ordinance. Motion carried. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said Urgency Ordinance. Mayor Young: One question and I asked this before - you said the deadline of this is? That is not 22 CITY COUNCIL Page Twenty-three .CITY ATTORNEY: Urgency Ordinance #1219 3/26/73 in�cluded in the Ordinance? Mt. Wakefield: That is correct, it is not included in the Ordinance. Motion carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION NO. 4707 The City Attorney presented: .ADOPTED "A RESOLUTIONOF THE -CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A TENTATIVE TRACT MAP. (Tentative Tract No. 31407)j! Motion by Councilman -Shearer, seconded by Councilman Lloyd and carried to waive full reading of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd to adopt said Resolution. Motion carried on roll call vote: AYES: Shearer, Nichols,,Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION NO. 4708 The City Attorney presented: ADOPTED "A RESOLUTION'OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA APPROVING CLASS SPECIFICATIONS FOR SECRETARY I AND SECRETARY II POSITIONS." RESOLUTION NO. 4709 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF -WEST COVINA AMENDING RESOLUTION NO. 1277 RELATING TO CERTAIN AUTHORIZED POSITIONS AND SALARIES." Mr. Wakefield: The two Resolutions implement your action at your last meeting with respect to Secretary I and II. Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said Resolutions. Councilman Lloyd: Mr. Mayor, I am not going to vote opposing, it has already been approved and I voted "no" last time and I am not going to get involved in it. Motion byCouncilman Shearer, seconded by Councilman -Chappell to adopt said Resolutions. Motion carried on roll call vote: AYES: Shearer, Nichols,.Lloyd,.Chappell, Young NOES: None ABSENT: None STATE DEPARTMENT OF Mr.�Wakefield: This item is the ' proposed JUSTICE CRIME lease of the Crime .LABORATORY L . EASE Laboratory located in the Police Building to the State Department of Criminal Justice. The lease was drafted at.the request of the Chief of Police and the City Manager and proposes a rent free lease of the laboratory space itself with a charge being made for any additional space which the Department of Criminal.Justice may require for secretary desk space or for storage of supplies and equipment, or for filing. The consideration to the City flows from the fact the Department of Criminal Justice will operate the laboratory for the purpose for which it is now being maintained by the City in conjunction with other cities in the area and will relieve these cities of the expense of the operation itself. Mayor Young: So the present crime laboratory specialist we have will become am employee of the -State? - 23 - CITY COUNCIL Page Twenty-four CITYATTORNEY: State Dept. of Justice Crime Lab. 3/26/73 Mr. -Wakefield: That is correct. Councilman Chappell: A question, Mr. Mayor. On this change over to the lease plan does that limit any information that we might want to get from this laboratory or maybe give us less of a priority that we now have or take longer time to get the answers or will it remain the same? Mr. Wakefield: I think Deputy Chief Meacham left, but my understanding of the discussions that have been had between the Police Department and the State is that the service will continue at the same level and it will really enable a regional type service to be provided by' the St;�.te rather than the more local level that is presently provided. The volume of the service and the requests made to the laboratory have permitted it to furnish ... the information -on schedule and the indication is that the schedules will be cont�in-aed,_to be maintained under the State operation. Mayor Young: It is still servicing this City as well as the other cities? Mr. Wakefield: That is correct. Mayor Young: How large of a region is contemplated? Mr. -Wakefield: My understanding is they will extend the services to cities in Orange County also as well as those in the -San Gabriel Valley. Mayor Young: Do you know how many Municipal Courts might be serviced by it? Mr. -Wakefield: Citrus Court,,El Monte Court, Santa Anita Court, Whittier Court and the Municipal Court in Orange County that services the western part of Orange County., I don't know the name of the Court. Mayor Young: It * sounds like this laboratory may get into the same situation that the Los Angeles County Lab is in and that is simply running 6 to 8 weeks and sometimes longer, and from my point of view sometimes that works out nicely because justice delayed is justice denied. That is exactly what we want on occasion. I I Councilman Nichols: Mr. Mayor, it seems to me that the interests that you sometimes express aren't always the public interests. Mayor Young: That is entirely correct and it is kind of interesting at the moment to have a drunk driving case with a blood test and you go and you have your results within a week as opposed to 6 or 8 weeks. Councilman.Shearer: Mr. -Mayor, it seems to me that the item we are asked to approve here goes far beyond the approval of a lease. It seems to me we are in fact with the approval of the lease giving our okay to a change in the operation of this Crime Laboratory that we have only had approximately one year. It may very well be the great thing that it is reported to be but we have no information in our report with regard to the items that have been brought out here as to why it is advantageous to have the Department of Criminal Justice operate.the lab in lieu of the City itself. Why it is advantageous to spread our sphere of influence into Orange County - and I would like to see this held over in regard to that. I think the lease is minor compared to -this, the concept which is completely new to me 24 CITY COUNCIL Page Twenty-five CITY ATTORNEY: State Dept. of Justice Crime Lab. 3/26/73 at least. Councilman Chappell: I agree with Councilman Shearer. My con- cern is we went into this with other cities in the Citrus Court area and the results I have heard have been excellent, the timing and the return of information, etc., and doesn't allow some attorneys to get some one 0 off free because of the time consumed. And if this does change that thing that is not what we are a.00king for. That is not why we originally had that lab and signed up a number of cities around here to help pay for it. If this is just a device to cut our spending budget somewhere and then not get the performance from it I would like to hear about it because I am not ready to vote on this tonight at all. Mayor Young: There is one thing about it and that is this service is one provided by�West Covina to a group of local cities which is ordinarily provided by the County and we are paying for it, whereas we could get it free from the County but we get better service this way. When we went into it we were hoping that we could prove ourselves and then get the County to subsidize it because we are taking the burden off of them. Mr. Aiassa: I think carrying it over may be preferable. One reason, as you know our Federal Funds are drawing to a close and if we carry this over to the next meeting we can give you the details. We are coming to a closing point not only of economics but of operation. Mayor Young: Could we have some discussion possibly with Supervisor Schabarum? This again I suppose would be a great thing for the County to get some of the judicious things lifted off of it but,like you say, it could be defeating a very valuable premise there. Councilman Chappell. I had a discussion with the Deputy Sheriff of Los Angeles County and passed it on to our Police Department they were interested in coming out and taking.it over at this time I don't know what fouled up on it but it would be a smaller jurisdictional area than what we are looking at now, I move that we hold it over to our next regularly scheduled meeting for a report from Staff. Seconded by Councilman Lloyd and carried. REQUEST TO ATTEND Mr. -Wakefield.' Mr. Mayor and members of LEAGUE LABOR RELATIONS Council, I ask for INSTITUTE authorization to attend the League of California's Labor Relations Institute in San Francisco' on March 28-30, 1973, with one -half -of my necessary expenses to be paid for by the City of West Covina, not to exceed $125.00. So moved by Councilman Lloyd, seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Shearer, Nichols,,Lloyd,,Chappell, Young NOES: None ABSENT: None Councilman Chappell: Mr. Mayor, while on this subject, the recommendation we originally had was that somebody fromStaff would also attend this meeting. If someone from Staff is going,shouldn't we approve money at this time? Mr. Aiassa: If a Staff member goes,we have an allocation - 25 - 0 0 CITY CO I U I NCIL Page Tweftty-gik City Attprftqy,;, League Labor Relations Institute 3/26/13 _ approved in the budget to cover this'. The reason you have to approve Mt. Wakefield's expenses is because it is set up in the budget similar to the various Commissions and other organization budgets, they have a lump sum in thL��it budgets and in out budget We have each cohf6fence that will be attended stated specifically. We ate considering sending one Staff man to the Institute. CITY MANAGER WEST COVINA ALL Mr. -Wakefield: Ar.Mayor and membets CITY BAND,CO I NTRACT of Council, there is a contract prepared which allthotizes the payment to the All City Band of the amount of money which the City Council previously authorized. Motion by Councilman Shearer, seconded by Councilman Lloyd to approve the contract. Councilman Shearer: A question perhaps Mr. Hoover can answer it. What are the qualifications besides being able to play an instrument to be a member of the band. Do they have to be a West Covina resideht'or is there an age requirement - minimum, maximum? Mr. Hoover We do have by-laws and it is open to Director youngsters in the community of West Covina, All City Band not necessarily of West Covina Schools. We have some College students going to Mt. SAC and Cai-Poly that are playing with Us - from 8th grade up.to' 14th/'grade-and to 21 years of age. Councilman Shearer: Are they required to be residents of West Covina? Mt. Hoover: Yes, that is the way we set it up. Mayor'Young: That includes the parochial schools? Mr. Hoover: Yes. *I might say that we have been specifically invited by Disneyland and the group is going to appear on April 8th to play there and of course we are planning other concerts and the 4th of July Parade. Mayor Young: I know you have heard this before but you are well received in the community and certainly by this Council. You ate doing great work, keep it up. Motion carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None "SAFETY TOWN" DISPLAY REQUEST Mr. Aiassa: Councilman Lloyd: A question. Do we have an expenditure, of funds on this? They will move it Up there, no expense to the City of West Covina. Councilman Chappell-. There Must be some W6atihg but phase when this is used by a large hUmbek of people and 1 would say having it at the Expo in ..,Sacramento won't do us a dart bit of good and it Might just put the extra wear and teat on the equipment that might Make Us have to do - 26 - CITY COUNCIL Page Twenty-seven CITY MGR.: "Safety Town" Display Request 3/26/73 some replacing sooner than we ' want to. The Chief has recommended it but I don't know that we will get any good out of it, I wonder if that aspect has been looked into? If the request were for the Pomona County Fair that might be different, but I don't see us getting any real publicity out of it at Sacramento and to haul it all the way to Sacramento poses a lot of traffic hazards and a tremendous amount of wear and tear on the trailer. Councilman Nichols: The only mitigating circumstance is that the Trailer was built with a grant from the California office of Traffic Safety. Mayor Young: It seems to me it would do at least as much good as the West Covina exhibit at the County Fair - I know we don't do it directly but indirectly through the Chamber of Commerce and there is exposure of the name., and Cal Expo is certainly a prominent place to have it. Councilman Chappell: You may have a good thought there to have it represented for us one time at the . . County Fair and see what we come up with. I don't know. 'I spoke what I thought about it and I will call for the question. Councilman Shearer: One comment. Anyhing that could be done to improve the quality of Cal Expo I -think would be well done. -I attended it two summers ago and I will never go back. I will move approval of the request to exhibit "Safety Town" Trailer at no cost to the City with proper identification that this is a West Covina owned facility, at Cal -Expo ini September'l.973. Seconded by Councilman Lloyd. Councilman Nichols: The Office of Traffic Safety was most generous, we wouldn't have it at all without their cooperation and I think we would be terribly ungracious i ' f we didn't send it up and let them see it after it was finished, so I would be in favor.. Councilman Chappell: FLOOD CONTROL PROBLEMS DUE TO RECENT RAINS LEAGUE OF CALIFORNIA CITIES' MAYORS and COUN6ILMENIS LEGISLA- TIVE CONFERENCE the funds budgeted. The each. Well I don't want to be ungracious or not generous so I will vote "aye". Otherwise I would cast my second "no" vote of the evening. Motion carried. All voting in favor. Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to receive and file informational report. Mr. Aiassa: We are asking for Council authorization for two Councilmen to attend the League of California's Mayors and Councilmen's Legislative Conference, May 14 - 16, 1973 in Sacramento. We have expense requested would be -$175.00 for Motion by Councilman Shearer, seconded by Councilman Lloyd, to authorize the attendance of two Councilmen to the League of California's Mayor's and Councilmen's Legislative Conference, May 14 - 16, 1973 in Sacramento, and further authorizing the expenditure of not more 27 CITY COUNCIL Page Twenty-eight CITY MGR.: League of Calif. Mayors & Councilmen's 3/26/73 Legislative Conference than $175.00 for each Councilman attending. Motion carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None WEST COVINA CITY Mr. Aiassa: This is an information report EMPLOYEES' ASSN. on the request of the West REQUEST Covina City Employees' Association to hold Board meetings on City Time. It can just be received and filed. So moved by Councilman Chappell, seconded by Councilman Shearer and carried. RECONSTRUCTION'OF Motion by Councilman Shearer, seconded by ,SUNSET AVENUE Councilman Chappell and carried, to receive .PROJECT NO. SP-73003 and file information report. MAYOR'-S REPORTS Mayor Young: I have received a request to proclaim "Senior Citizens' Month" - Month of May, 1973. Hearing no objections I so proclaim. COUNCILMEN'S REPORTS/ Councilman Chappell: I notice on the COMMENTS calendar that Captain Mark Henson is retiring this Friday. He was a long-time Police Officer and I move that we award him an appropriate resolution commending him for his services while serving as a Police Officer and now retiring as a Captain of the West Covina Police Department. Mayor Young: This means it is to be perma-piaqued? Councilman Chappell: . Yes. Seconded by Councilman Lloyd and carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES:, None ABSENT: None DEMANDS Motion by Councilman Lloyd to approve Demands totalling.$353,631.71 as listed on Demand Sheets C863-865, and B571 - B570A. Seconded by Councilman Shearer and carried on roll call vote: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None ADJOURNMENT Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to adjourn this meeting at 10:20 P.M., to the special Joint meeting with the Planning Commission on April 2, 1973 at Ap7:30 P.M. APPROVED: ATTEST: MAYOR CITY CLERK