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10-15-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 15, 1974. The regular meeting of the City Council called to order at 7:34 P.M. in the West Covina Council Chambers by Mayor Chester Shearer. The • Pledge of Allegiance was led by Kathy Calamia, `Tina Calabreese and Gale Freburg of Girl Scout Troop #397; the invocation was given by Reverend Robert Lamphere of the United Methodist Church. ROLL CALL Present: Mayor Shearer; Councilmen: Browne, Lloyd, Chappell, Young Others Present: George Aiassa, City Manager Colin Lennard, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Leonard Eliot, Controller Michael Miller, Planning Director John Lippitt, City Engineer Janet Williams, Administrative Intern APPROVAL OF MINUTES Motion by Councilman Browne, seconded by Councilman Lloyd and carried, to approve minutes of the meeting of September 23, 1974. PRESENTATION Mayor Shearer presented a Resolution of Commendation to Allison Mayfield, retiring Commissioner from the Planning Commission having served eight years in that capacity. CONSENT CALENDAR Mayor Shearer explained the procedure on the Consent Calendar items and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) JAMES D. DRISCOLL, RE ACR ##181 relating to opening of new Chief Clerk retail petroleum products outlets. CALIFORNIA LEGISLATURE (Refer to Planning Commission) b) PUBLIC EMPLOYEES UNION Re Replacement Grievance. (Refer to DIVISION.OF TEAMSTERS City Manager. Meeting set for Tuesday, LOCAL 986 October 16, 1974 with staff and City Attorney) c) SPANISH TRAILS GIRL Requesting permission to sell Girl Scout SCOUT COUNCIL 1975 Calendars from November 22 - December 20, 1974. (Approved in prior years. Recommend approval subject to staff procedure) d) MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC. e) CITY OF MONTCLAIR COUNCILMAN TOM McCLURE Requesting permission to conduct annual fund-raising appeal during December 19740 (Approved in prior years. Recommend approval subject to staff procedure) Re Youth Advisory Commission and request - in comments on same. (Council) Withdrawn. Refer to Page 3) - 1 - CITY COUNCIL Page Two CONSENT CALENDAR - Cont'd. 10/15/74 2. PLANNING COMMISSION a) SUMMARY OF ACTION September 11, 1974. (Adj. Mtg.) (A-eee}t--aa�-€i9_e-) (Withdrawn. Refer to Pages 3 & 4) b) SUMMARY OF ACTION October 21 1974. (Accept and file) • 3. RECREATION AND PARKS COMMISSION a) SUMMARY OF ACTION September 241 1974. (Accept and file) b) SUMMARY OF ACTION October 81 1974. (Adj. Mtg.) (Accept and file) 4. PERSONNEL BOARD MINUTES August 6, 1974. (Receive and file) (No action items from meeting on 10/1/74) 5. ''HUMAN RELATIONS COMMISSION SUMMARY OF ACTION September 26, 1974. (Request to hold over) 6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) TRACT NO. 25512 LOCATION: South of Woodgate Drive, west ACCEPT IMPROVEMENTS of Shadow Oak Drive. DONALD L. BREN COMPANY Accept street, sewers, sidewalk, trench- ing and street trees improvements, and authorize release of The American Insur- ance Company Bond for Faithful Perform- ance No. 7105864 in the amount of $81,380. (Staff recommends acceptance) b) TRACT NO. 30401 LOCATION: Woodgate Drive, Greenborough ACCEPT IMPROVEMENTS Place and Hillsborough Place. DONALD L. BREN COMPANY Accept street, sewers, sidewalk, trench- ing and street trees improvements, and authorize release of The American Insur- ance Company Bond for Faithful Perform- ance No. 7105861 in the amount of $57,765. (Staff recommends acceptance) 7. ABC APPLICATIONS Chief of Police recommends NO PROTEST. a) Hing and Nancy Lee dba SILVER DRAGON 751 S. Glenshaw Drive 1129 W. West Covina Parkway West Covina b) The Southland Corporation dba 7-ELEVEN FOOD STORE P.O.Box 698, La Mesa, Ca. 1319 W. Merced Avenue and Guy A. and Betty Jane Wilson 2509 Amelgado Drive Hacienda Heights • 8. CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) State Farm Insurance Insured: Ronald W. Brown, 16601 East Bellbrook, Covina, re traffic co.lision 8/28/74 involving street sweeper. (Deny and refer to City tittorney and Insurance Carrier) - 2 - CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Three 10/15/74 b) Geoffrey W. Galetti Re traffic collision 8/15/74 involving 327 S. Gardenglen Ave., Police unit. (Deny and refer to City West Covina Attorney and Insurance Carrier) 9. PARADE PERMIT APPLICATION a) EDGEWOOD HIGH SCHOOL A.S.B. Request waiver of $25 Application STUDENT SPIRIT PARADE Fee and $5000 bond. (Recommend OCTOBER 311 1974 from 5 P.M. approval subject to staff review TO 6:15 P.M. and recommendations) (At the request of Council Item 1(e) and Item 2(a) removed from the Consent Calendar items.) Motion by Councilman Chappell that Consent Calendar Items 1 through 9 with the exception of Items 1(e) and 2(a) be approved; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None ITEM 1(e) Council discussed. Councilmen Lloyd and Young suggested that a copy of the City's ordinance covering the Youth Advisory Commission be sent to Councilman Tom McClure of Montclair and if any individual Councilman desired to make further comments that they do so personally. Mayor Shearer agreed, recommending that a letter be drafted by the City Manager's staff outlining briefly how the Youth Commission got started, the process underwhich it now operates as spelled out in the ordinance and then he would make some further comments on how it is now operating, etc. Requested of Mr. Aiassa, if at'all possible that it be prepared in draft form by tomorrow afternoon and he would add his comments to it at that time. ITEM 2 (a) Councilman Browne: Mr. Mayor, I read the summary of the minutes of the Planning Commission meeting with a little concern relative to the request by the applicant for a further reduction in the required landscaping requirements, recalling that there have already been two concessions made to them and they are now below the 8% landscaping requirement. I would like to hear from either Mr. Miller or Mr. Yoshizaki why these people are constantly coming in asking for reductions that other people in the area have to comply with and after having two reductions or revisions they continue to come in and take up the time of the staff, the Planning Commission and the Council in trying to better themselves financially. Mr. Miller: Councilman Browne - I think your last statement is probably the key to the thing. As the pro- ject has proceeded costs have increased and I believe that is the primary reason why the developer in this case is continually coming in with this type of request. The indication we have made to him is that he is going to comply with the City's regulations that we would apply to anybody else, and if we were to "let him off the hook", so to speak, it would be very difficult for us to come back to the small businessman that wants to put in a small • shop and proceed to require him to comply. I think it has been made clear to the developer that the staff's position is just that, and I think the Study Session should have made it clear to them that the Planning Commission's position is the same. In referring it back to staff I believe what the Planning Commission had in mind was to have staff work with the developer on a plan that would comply with the City's landscaping requirements. (Explained in further detail) - 3 - CITY COUNCIL Page Four CONSENT CALENDAR - Cont'd. 10/15/74 (Mr. Aiassa asked Mr. Eliot if he could add any further comments.) Mr. Eliot; Mr. Mayor and members of Council, Mr. Miller did present the position of the staff and Commission quite clearly. There was a presentation propos- ing something less than the 8%, the instructions of the Planning Commission directly to staff and the developer was to go back to the drawing boards and come back with the 8/. Presently staff is working with the landscape architect to achieve the 8%, not to achieve anything less than that. We have had some input back from the landscape architect that they are going forward with plans to implement the full landscaping requirement by including some additional areas in the landscaping, so evidently they are proceeding with the full intent to meet the 8/ requirement. Councilman Browne: Mr. Mayor, I think it has been well explained that they are working to achieve the 8%. I was mainly concerned about.the additional time spent by staff on this item knowing that originally we had a landscape plan approved that did meet the requirements. Motion by Councilman Browne to receive and file; seconded by Councilman Lloyd and carried. GENERAL AGENDA ITEMS PUBLIC WORKS FREEWAY WIDENING LOCATION: Northeast corner of Grand ACCEPT DIRECTOR'S DEED Avenue and North Frontage Road. STATE OF CALIFORNIA (Council reviewed Engineer's report) RESOLUTION NO. 4954 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A DIRECTOR'S DEED EXECUTED BY THE STATE OF CALIFORNIA FOR STREET AND HIGHWAY PURPOSES." Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to waive further reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Lloyd to adopt said resolution. Mayor Shearer: I was advised last time when this item came up that I couldn't discuss the item but unless the City Attorney stops me I do want to address myself to the wording in the staff report, specifically; it has nothing to do with whether or not we buy the land. It says "and is planned for locating the West Covina sign." I don't think Council for the record at this point has taken any action to indicate that this land is going to be used for any purpose whatsoever, specifically a Welcome to West Covina sign. Is that not correct? (Mr. Aiassa said "Council has not taken any action.") Motion carried on roll call vote as follows: • AYES: Browne, Lloyd, Chappell, Young NOES: None ABSENT: None ABSTAIN: Shearer PARCEL MAP NO. 4978 LOCATION: Monte Verde Drive. MARION B. CLAMPETT (Council reviewed Engineer's report) - 4 - CITY COUNCIL PUBLIC WORKS - Cont'd. Page Five 10/15/74 RESOLUTION NO. 4955 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROV- ING THE FINAL MAP.OF PARCEL MAP NO. 4978." Motion by Councilman Chappell, seconded by Councilman Browne and carried, to waive full reading of said resolution. • Motion by Councilman Chappell, seconded by Councilman Browne, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None WEST COVINA WATER SYSTEM (Council reviewed Engineer's report) UMARK COSTS FOR 1973-74 Motion by Councilman Chappell to approve the actual costs in the amount of $320,567.81, effective date of interest to be August 1, 1974. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None HEARINGS MERCED/ORANGE AVENUE PLAN LOCATION: That area generally bounded by CITY INITIATED the San Bernardino Freeway on the north, CONTINUATION OF HEARING Merced Avenue on the southwest and Orange Avenue en the southeast. REQUEST: A proposed amendment to the Merced/Orange Avenue Plan (1969( to show high-rise and low-rise research/ administration use on approximately 50 acres of the northwest section of the Plan. Recommended by Planning Commission Resolution No. 2547. Held over to this date from September 23, 1974, due to 2-2 Vote, 1 Councilman absent. Mayor Shearer: I am sure that most of us are aware that due to the illness of Councilman Chappell's mother he was unable to attend our last meeting, as a result we ended up with a 2 to 2 tie vote. The City Attorney indicated at that time that if Councilman Chappell on his return would avail himself of the tape that we could continue Council discussion this evening. I believe Councilman Chappell has done that - have you not? Councilman Chappell: Mr. Mayor, I have listened to the tape, read the articles in the newspapers and received numerous phone calls on this subject. I am ready to vote but would like to make a statement before I do. The Orange/Merced Avenue Plan before us is propos- ing to change the plan that Councilman Lloyd and myself on the Council at that time, approved. The plan in 1969 looked fairly presentable and through the years part of that plan has become objectionable to me, meaning the apartment housing allowed to be built under the plan, providing proper zoning is made and things of that nature. A new plan has been presented to us in compliance with the directives we have of • updating our General Plan. As I understand it, no zoning is involved, and I would like to ask that question, Mr. Mayor, is there any zoning involved in this vote tonight? Mr. Miller: Mr. Mayor and Council, there is no zoning involved in this. - 5 - CITY CUI INC 11, P.19P ; i.x 11EAR1,NGS : Mercod/ur. angf.- Plan 10/.1.5/74 Councilman Chappell: So we are not changing anything that we have there now. The reason I ask this question is among the many telephone calls I received, the one that came closest to me was one of several I received yesterday, a seemingly elderly lady proceeded to tell me that she wasn't going to be able to plant her vegetable garden if I voted for this plan tonight because . she would be losing her house. I can see where she got that idea - a petition was passed in that area talking about redievelopment, which has a potential of people losing their house and which is certainly not being discussed this evening. This petition was passed by a candidate for Council and I don't know why it was done but it was done. I thought the room would be full tonight because again in the papers this evening I see this big headline telling us about redevelopment, etc. We are not discussing that at all. Nothing is changed. No one will lose one spoonful of dirt in this vote tonight, whether it be "aye" or "nay ", and it concerns me that this type of information is getting back to our citizens. I would have been here tonight had I read that newspaper article because once again I am losing my home, once again I am going to be moving away from an area that perhaps I have lived in for 30/35 years, and that is now what we are voting on tonight. The Council expressed that many times in the tape, approximately three hours I sat and listened to it so I would know exactly what went on. It was pointed out if we do bring in redevelopment, and Council was unanimously opposed to,it - that more than 51% would have to be for it. We are not voting redevelopment tonight but voting a tentative change in a plan. Nothing happens until someone comes in for zoning or until someone owns the land. I think we are approving what we voted on in 1969,.which I thought was a good plan at that time, but the apartment housing has become objectionable to me now and we are removing that and also it removes the opportunity of strip zoning, which we know if 1 t is allowed to happen then nothing can ever really be done with the land. We did basically the same thing here on North Azusa, South Glendora - we have done this all over the City and nothing has changed until someone comes in and starts asking for zoning. So with all of the listening to the tape, hearing my fellow councilmen speak, and people calling me on the phone telling me they are going to lose their home, I want to reiterate no one is going to lose their home on my vote tonight, whether I vote "aye" or "nay It would not change one bit the plans of the lady wanting to plant a vegetable garden, and I hope she starts planting it in the morning because she is going to be able to plant it, grow it and eat it a number of times before this Council will perhaps do anything with it - not until someone comes in with a plan and she decides to sell her property. We can't take it away from her. If people are apprehensive about redevelopment Montoya has a bill in the assembly now which will tell us how much of the percentage of citizens have to vote in favor of it, and it is very high. We have all kinds of safeguards built in for our citizenry, but constantly throughout the plan redevelopment keeps coming in and it is not an issue and I hope those people whom I talked with on the phone understand this. Nothing is changing if I vote "aye". I am voting "aye", and all we are doing is changing the usage of that land if someone comes in and wants to develop the land through whatever source is available to them. I am sorry redevelopment has intermingled in this thing. I know our professional consultant intermingled it in his approach to us but that is not what we are talking about tonight. We are not implementing his ideas at all. It is a land use proposal and that is all it is. - 6 - CITY COUNCIL HEARINGS: Merced/Orange Plan Page Seven 10/15/74 Motion by Councilman Chappell to approve the Land Use proposal as submitted in 1974 on the Merced/Orange Avenue Area. Seconded by Councilman Browne. Councilman Lloyd: Mr. Mayor, a comment. There seems to be some misunderstanding on the part of some of the • people as to how I voted and I am not going to change my vote from last time, and that was somehow that my vote was less sincere or less objective or less conscionable than some of the other votes. The answer is I voted my conscience, just as the other members of Council did. I said at that time that I felt the plan is fundamentally good and I urged that serious consideration be given to it by the people who lived in the area to the passage of this type of plan. The other item was, contrary to what Councilman Chappell has just said, I say that there is a tie between redevelop- ment and the plan - I think serious consideration has to be given to redevelopment. We don't have any private money that is going to come in and develop that area. The only way it will go is through re- development. And I am sorry it has to go that way. I think we could have waited a little bit and still accomplished it for our citizens. I would also like to explain something about parliamentary procedure; some of the people don't seem to understand it. It is perfectly possible for someone to make a motion and then vote against that motion. That is a very common practice in parlia- mentary procedure to get an item on the floor. I read the minutes very carefully and they were explicit in that I stated I was not in favor of this but I made the motion to get it on the floor. I am sorry there was some misunderstanding. I certainly commend to anyone that wishes to discuss it that it is parliamentary procedure. There is nothing dishonest about that whatsoever. It merely gets it on the floor. Councilman Young: Mr. Mayor, just a word. I have said it before and I say it again - in over four years on this Council I have yet to ever feel that any of the gentlemen on this Council has voted anything except his sincere belief and conscience on every issue that has come up. I respect that and feel that I have enjoyed that respect, and I thoroughly respect the position taken up to this point on this particular issue, including the position taken by Councilman Chappell just now even though I dis- agree with it. His arguments make sense; I think my arguments make sense too, and I know Councilman Chappell respects that. I am sorry to see any issue get bitterly personal and I think this is the only issue that I have experienced in over four years on Council where there have been indications of bitter personal feelings involved, although I haven't experienced them at this table. I am reminded of a story I read or heard, about a king that liked fine clothing and hired some people to come in and weave for him some fine clothing but they didn't have the money needed for the cloth so they kept asking for money and pretending to be weaving, and everyone was afraid to expose these charlatans because they felt they might incur the king's disfavor who had great confi- dence in them. In due course the clothes they were supposed to be weaving were finished and the king didn't want to expose his own ignorance about fine things so he pretended to put them on and eventually marching down the street a little child said "look the king doesn't have any clothes on." Well, I think that is the basics of this situation. Without redevelopment we have nothing in adopting this plan except a future dream which must and does depend either on redevelopment or upon the consent of every landowner involved. - 7 - CITY COONCI I., Page E:i.gl,t II1.ARINGS: Plan 101.1'')/74 Everyone o.1 the►n. it. _i.:i one or the o t leer. For tlia t. t-eason we ; i_ t. 1,)ere and say "no redevelopment, absolutely not" but we are going to impose: this plan on the area now, so is that in theory the thing that leads to further deterioration of the neighborhood or is it just the freeway which has long since been more or less strip zoned.in the Master Plan for the City? This is the ordeal in my own mind and I cannot still at this point, while at the same time respecting every vote cast, I cannot bring myself to vote in favor of a plan that I like, that I would like to see . implemented but I know it can't be implemented without redevelopment. There is no way it can be without 100% participation. So like Councilman Lloyd I say it is premature at this time for the people in the area. My vote remains the same. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Shearer NOES: Lloyd, Young ABSENT: None ORAL COMMUNICATIONS Rev. Lamphere Mr. Mayor, and Council, we were supposed United Methodist Church to submit to you a written request to allow our youth to collect for UNICEF on the 25th of October and the only reason I am sweating a little bit is your next meeting is on the 28th. Our request didn't get in early due to a lot of foul ups and snags and'I don't know if it is in or not. Mayor Shearer: It is in. I was going to bring it up a little later on my agenda. It has been approved for a number of years in the past. Councilman' Young moved approval of the request; seconded by Council- man Chappell and carried. CITY ATTORNEY ORDINANCE NO. 1256 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change Application No. 489 - Ray M. and Linda M. .Stewart) Motion by Councilman Chappell to waive further reading of said ordinance. Seconded by Councilman Lloyd and carried. Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt said ordinance and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None ORDINANCE NO. 1257 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMEND- ING SUBPARAGRAPH 12 OF SUBSECTION 9210.2(q), SUBPARAGRAPH 17 OF SUB- SECTION 9211.2(r), SUBPARAGRAPH 18 of SUBSECTION 9212.1(c), SUB- PARAGRAPH 18 OF SUBSECTION 9212.8(q), SUBPARAGRAPH 18 OF SUBSECTION 9213.1(b), SUBPARAGRAPH 18 OF SUBSECTION 9213.8(q), AND SUBPARAGRAPH 18 OF SUBSECTION 9227.2(q) OF THE WEST COVINA MUNICIPAL CODE, RELATING TO SIGNS IN THE OFFICE PROFESSIONAL AND COMMERCIAL ZONES. (Amendment No. 121 - City Initiated) CITY COUNCIL Page Nine CITY ATTORNEY - Cont'd. 10/15/74 Motion by Councilman Lloyd, seconded by Councilman Browne and carried, to waive further reading of said ordinance. Motion by Councilman Lloyd, seconded by Councilman Browne, to adopt said ordinance and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer • NOES: None ABSENT: None RESOLUTION NO. 4956 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THAT A SUBSTANTIAL NUMBER OF LOW AND MODERATE INCOME FAMILIES ARE NOT TO BE DISPLACED BY THE PROPOSED EASTLAND REDEVELOPMENT PROJECT." Motion by Councilman Chappell, seconded by Councilman Young and carried, to waive full reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Young, to adopt said resolution. Mayor Shearer: One comment so we don't have a number of other comments. The heading of this resolution is somewhat misleading; I assume it is the prescribed wording, but it says "a substantial number ---- The particular project we are looking at has absolutely no residential - low, moderate or high. Isn't that correct, Mr. Aiassa? Mr. Aiassa: That is correct, and the wording is the prescribed wording. Motion carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None EPA PARKING MANAGEMENT Motion by Councilman Chappell, seconded by REGULATIONS Councilman Lloyd and carried, to receive REPORT and file. APPROVAL OF RECREATION Motion by Councilman Chappell to approve AGREEMENT the agreement between the Bassett Unified (Staff Report) School District and the City of West Covina for recreational services at Tonopah School for the 1974-75 fiscal year, and authorize the Mayor and City Clerk to execute said agreement. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None APPROVAL OF WEST COVINA Motion by Councilman Chappell to approve SENIOR CITIZENS AGREE- the agreement between the City of West MENT Covina and the West Covina Senior (Staff Report) Citizens Club and authorize the Mayor and City Clerk to execute said agreement; seconded by Councilman Young and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: Hone ABSENT: None - 9 - CITY COUNCIL Page Ten CITY ATTORNEY - Cont'd. 10/15/74 FEDERAL FLOOD INSURANCE Motion by Councilman Young to authorize PROGRAM staff to transmit a protest based on (Staff Report) technical engineering data to the Department of Housing and Urban Develop- ment regarding the flood hazard area maps as prepared for West Covina. is Seconded by Councilman Browne. Councilman Chappell: Mr. Mayor, a comment. We had this come up once before and at that time we declined to get involved in it due to the fact of the compulsory end of it. If people want to buy flood insurance that is their affair and they can buy it, also earth- quake insurance and things that are not normally covered in the regular policies, and I think that is the way it should be unless we had an area that could be hurt by flood, then I would say we would be remiss by not getting involved in this plan. Our staff has pointed out they know of no area in West Covina at this time. Motion carried. THE MAYOR RECESSED THE COUNCIL MEETING AT 8:25 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING, FOLLOWED BY THE PARKING AUTHORITY MEETING. COUNCIL RECONVENED AT 8:34 P.M. CITY MANAGER LEGAL SERVICES OF Re Proposed Eastland Redevelopment LAW FIRM OF Project. EUGENE B JACOBIS (Staff Report) Motion by Councilman Chappell, seconded by Councilman Young, to authorize the expenditure of funds from Account 741.5, Professional Services, for legal services to be provided by the law firm of Eugene B. Jacobs, not to exceed $10,000. Motion carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None B.K.K. LANDFILL SITE FOR RECREATION & PARK PURPOSES (Staff Report) R.T.D. TRANSIT PLAN (Staff Report) (Informational) Council has any further Motion by Councilman Chappell, seconded by Councilman Young and carried, to receive and file. Mr. Aiassa: Mr. Mayor and members of Council, staff has written out some input for Council; there is an election on November 5th for the additional 1G sales tax. If questions Staff will follow through. Mayor Shearer: I think if Council wants to take a position that it should be initiated by one of us and not requested from Staff that Council take a position on Proposition A. IfIf anyone on Council wishes to bring up that item we will entertain it from Council. Councilman Lloyd: Mr. Mayor. While we are inundated with the prospects of taxes and overwhelmed by inflation - which indeed we are - - 10 - CITY COtJNC1L Page Eleven CITY MANAGER - Contid. 10/15/74 there is no doubt in my mind if we are to have less smog and less pro- blems of transportation we have to find some methods of public transportation. I am really personally sorry that I think the R.T.D. has done such a miserable job. Somebody has to do it, so let me be the one to recommend a "yes" vote on Proposition A. • Councilman Browne: Mr. Mayor, I take an entirely different stand on this. I think the R.T.D. has shown no pro- gress in their initiative which was subsidized to the tune of $150,000 per day by the State for things they should have resolved themselves without calling on the State Agencies to come to their assistance. I personally think until they come up with a good logical plan that I would oppose this. I think it is a rip off as far as the taxpayers are concerned and the people that drive automobiles, and is for the benefit of the City of Los Angeles. As far' as I am concerned everything is geared to their betterment. I still haven't seen anything here showing that we will benefit by it. I am opposed to it. Mayor Shearer: Is there anyone else that would wish to comment? We don't have a motion on the floor, so I would entertain a motion to receive and file the report. So moved by Councilman Chappell, seconded by Councilman Young and carried. MERCED/ORANGE Mr. Aiassa: Mr. Mayor -.I would like to see SUGGESTED Council receive this report; I REHABILITATION discussed this with the City Attorney very ORDINANCE briefly and he has some comments that he would (Staff Report) like to make at the Council meeting of the 28th. Motion by Councilman Lloyd, seconded by Councilman Phappell, to hold over this item to the October 28, 1974, meeting of City Council. Motion carried. CETA PROGRAM Motion by Councilman Chappell to receive and (Informational Report) file. Seconded by Councilman Lloyd and carried. LEAGUE OF CALIFORNIA Motion by Councilman Lloyd to authorize the CITIES CONFERENCE attendance of Mayor Shearer, Councilman Chappell and Mr. Aiassa at the League of California Cities conference, expenditure not to exceed $225. to cover registration and incidentals. Seconded by Councilman Young and carried on roll call vote: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None Mayor Shearer: be held so close to the voting delegate Councilman Chappell that effect. Before we pass on from the League of Cities, due to an unfortunate slip up and I guess it is because the League conference is going to home - but we have a document here to authorize and the alternate - although both myself and will be in attendance, we need a motion to So moved by Councilman Lloyd, seconded by Councilman Browne and carried. (In answer to the Mayor's question Mr. Aiassa advised the document will be hand delivered after signed by the Mayor. CITY COUNCIL CITY MANAGER - Cont'd. Page Twelve 10/15/74 SUNSET SCHOOL Mr. Aiassa, advised Council the West Covina AVAILABILITY Unified School District has taken official action to offer to the City for purchase the Sunset School, located on Sunset Avenue adjacent to the corpora- tion yard; the City Attorney is going to meet with Staff and School Staff with regards to appraisals and proposal. Further stated after • the appraisals are made a report back to Council will be made. FRANK SATA & ASSOC. Mr. Aiassa: Council will recall sometime AGREEMENT back you authorized Mr. Sata (Community Bldg.) to work on a Community Build- ing of a certain dimension and size which involved some schematics and drawings for the possible bond issue and the question now is if Sunset School does become available perhaps Council might like to reconsider and see if we can develop the existing school structure into a Community Building. Mayor Shearer: My recommendation is that we instruct Frank Sata & Associates to stop work temporarily, at least, on the other proposal until we decide which way we want to go. Motion by Councilman Lloyd to inform Frank Sata & Associates to cease what they are now doing currently until we get further input on the item of the possible availability of a school site. Seconded by Councilman Browne and carried. MAYOR'S REPORTS PROCLAMATIONS Hearing no objections by Council, Mayor Shearer proclaimed "West Covina Mustang Pony League World Champion Day" October 231 1974; and "United Nations Day" October 24, 1974. STOCKTON EAST WATER Mayor Shearer stated a number of pieces of DISTRICT URGING correspondence requesting Council to take a OPPOSITION TO position on Proposition 17 had been received PROPOSITION 17 - but since it was on the Mayor's Agenda not at STANISLAUS RIVER his request he was withdrawing it and if anyone PROTECTION ACT OF 1974 wished to put it back on under Councilmen's Reports/Comments they can certainly do so. COMMISSIONER BEMOLL Mayor Shearer: We just received (Resignation) Commissioner Bemoll's re- signation from the Recreation and Parks Commission. We, of course, are sorry to hear that he is resigning, he has been a long time Commissioner. So between now and two weeks from now we should be considering applicants for that Commission. I would request that staff submit to each Councilman copies of the file we have on people who requested consideration for this Commission. RESOLUTION NO. 4957 Mayor Shearer presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING LAWRENCE (BUZZ) BEMOLL FOR HIS SERVICE ON THE RECREATION AND PARKS COMMISSION." Motion by Councilman Young, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Young, to adopt said Resolution and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None - 12 - CITY COUNCIL Page Thirteen MAYOR'S REPORTS - Cont'd. 10/15/74 Bi-CENTENNIAL Mayor Shearer: Sometime back we had a re- quest from Mrs. Wessel to attempt to gain official recognition as a Bi-Centennial City. After considerable amount of work by staff we finally received the forms, etc., and after looking them over and further discussions with Mrs. Wessel and Mr. Strachan of the Chamber of Commerce, it is my recommendation that • we drop the matter. I think the involvement of trying to gain recognition is not worth the little money we might get. I would just as soon see it dropped and the Chamber of Commerce and Mrs. Wessel, I believe, agree in that position. Councilman Chappell: Mr. Mayor, a question. Is the Mayor getting ready to appoint a Citizen's Committee to start working on the Bi-Centennial - it is getting closer. I think some of the things the City might want to do will take planning. Mayor Shearer: We discussed this sometime back and the position we took then was that it was very much the same as the City's 50th Year Anniversary and we would hopefully wait until some citizen's group would step forward and say "we want to be the coordinator." Beyond that there has been no dis- cussion. Councilman Chappell: Perhaps we should have some sort of a Study Session on this by Council and at least put our thoughts together. Some of the people that worked on the 50th Year Anniversary put in a lot of hours, effort and even personal money, but it didn't have the support of our City because it didn't have the full support of City Council, in the regard of all of us getting out and working on it. I think we are going to have to take the position of leadership if we are going to get this program underway in a big way. Our Shopping Center will be completed by that time and we might coordinate that with the Bi-Centennial. Councilman Lloyd: Mr. Mayor - Councilman Chappell and I are of a like mind - I agree most heartily with his comments. On our 50th Anniversary I was appalled in the way we let one organization handle the whole thing - it was a tremendous undertaking. I know these people worked hard and it appeared in all the papers, etc., but I truly think we have to take a position in order to h6lp the project succeed.. Now if we feel it ought not be done and we don't want to put any money or time or effort of this City's staff into it then we should say so and drop it, but otherwise we should have a study session and gets things moving. (Councilman Browne agreed) Mayor Shearer: I think it would be well to have a special meeting on this and discuss it. I have some thoughts that might not be too overwhelmingly received. I would be for a celebration but what concerns me is the number of cities we have in the East San Gabriel Valley that would be involved individually, and if just a few of them decide to have a parade on the 4th of July - well everyone of them is trying to have the same units involved or whatever grand ideas come up and I think this is something that should be considered. Councilman Chappell: Before we ask staff to develop all the informa- tion that is lying around we should not forget that this is just not another 4th of July; perhaps the Chamber of Commerce would like to get involved and others. - 13 - CITY COUNCIL Page Fourteen MAYOR'S REPORTS - Cont'd. 10/15/74 Also some of the citizens might have some ideas and might want to come to the Study Session. (Mayor Shearer suggested at the forthcoming meeting with the Business Advisory Committee of the Chamber of Commerce this item might be discussed; Council agreed.) • VETERAN'S PREFERENCE (Mayor Shearer asked Mr. Aiassa as the City's POINTS Personnel Officer to investigate and make a a report on the City's;present policy in grant- ing Veteran's Preference points when taking examinations for the City. Mr. Aiassa stated the present rules and regulations gave Veteran's preference points to all veterans regardless of the war or time served.) Mayor Shearer moved that this be discussed with the City Attorney and a report back to Council; seconded by Qouncilman Browne and carried. RENAMING OF A Mayor Shearer said sometime ago we had a STREET request to consider renaming Fernwood Avenue adjacent to West Covina High to Spartan Way - and nothing has been heard on it. Mr. Zimmerman advised as yet there is no final report and he will check on it and hopefully have the information for the next Council meeting. CHAMBER OF COMMERCE Mayor Shearer stated a meeting is tentatively JOINT MEETING scheduled with the Chamber on Monday at 4 P.M. and as this is the opening day of the League of California Cities' conference there may be a conflict and he is asking that this be rescheduled to a mutually convenient time. Motion by Councilman Lloyd that staff communicate with the Chamber of Commerce the potential conflict because of the League of California Cities' conference and that the joint meeting be rescheduled; seconded by Mayor Shearer and carried. W.C. HIGH SCHOOL Mayor Shearer: I have a letter from BAND REQUEST Mr. Barnhart, Director of the W.C. High School Band.' I believe Council will recall two years ago we authorized "no parking" along Charlinda to enable the high school band to march. At that time there apparently was unanimous consent of all the residents. Last year I understand they did not use the street and this year they are asking to use it again and there are now some on the street that are objecting to the "no parking". Mr. City Attorney are there provi- sions that will allow this? Mr. Lennard: The way the code is set up it puts the apparent authority on the Traffic Committee and they have the authority to put up "no parking" signs, paint the curb, or whatever. Other than that the code goes no further. So it would be a decision made by the expertise of the Traffic Committee. I don't think they would be stopped because some person is opposed to it. There is no restriction in the City's code and I am not aware of any restriction in the vehicle code, but I can check that with Mr. Wakefield. He may be aware of something 40 I am not. (Councilman Lloyd suggested that this might be turned over to the Traffic Committee and the Youth Advisory Commission because it does deal with the high school. The time factor was discussed and it was felt there was insufficient time to do so for this year.) - 14 - CITY COUNCIL Page Fifteen MAYOR'S REPORTS - Cont'd. 10/15/74 (Further d=iscussi.on by Councilmen; their feeling was that it should be granted to tiv, high school band but also they felt citizens had a right to park in front of their homes. Mr. Lippitt was asked if there were any protests received and he said the Traffic Engineer indicated he had two telephone calls from irate citizens that live on the street saying they were restricted from parking in front of their homes.) • Mayor Shearer: A question of the City Attorney. Does the adjacent property owner carry a vested right to park in the public street in front of his property? ('Answer by Mr. Lennard: No.) What is the purpose of the street? Mr. Lennard: The purpose of the public street - it is dedicated to the public for purposes of traveling and is open to the public for parking, and the abutting homeowner doesn't have any greater right than the general public to park in front of his house on the street. Mayor Shearer: So the property owner really has no claim at all on the street. We do have numerous restricted parking areas to enable our street sweeper to clean the street, we have various areas of "no parking" to enable turns throughout the City and we have parking restrictions actually all over West Covina. On Cameron Avenue we restrict parking recently so we could have a bikeway so I really don't think this is all that different. I would like to see us have this for the good of our youth of the community. I think the overriding good here for the band is worth the inconvenience and I am willing to stick my neck out and incur the wraith of five or six people on the street, if necessary, in order to allow the band to perform. Mayor Shearer moved that the City authorize "no parking" between the hours of 12 noon and 5 P.M. from October 31 to November 8, 1974, on the 1700 block of Charlinda, and that the matter further be referred to the Traffic Committee and the Youth Advisory Commission for a resolution of the problem in subsequent years. Seconded by Council- man Lloyd and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: Young ABSENT: None COUNCILMEN'S REPORTS/COMMENTS Councilman Browne: One item. I think we are all very familiar with the prominient teacher at Hollencrest School - Mrs. Dee Sherman - who moved to the east recently and I this we are all familiar with her dedication to the youth in the community and instilling upon them the duties of those in City Government capacities and I am sure every Council- man here had the opportunity to go before her class and spend time there. For her contribution to the youth of the City I would like to propose a resolution of commendation be sent to her under the Council's signature. (Mr. Aiassa stated that a few years ago she had mentioned she would like very much to have a City plaque; Council discussed, agreed on plaque bearing resolution of commendation.) Motion'by Councilman Lloyd that a resolution of commendation be put on a city plaque perma-plaqued and presented to Mrs. Dee Sherman; seconded by Councilman Browne and carried. CITY COUNCIL COUNCILMEN'S REPORTS/COMMENTS Page Sixteen 10/15/74 RESOLUTION NO. 4958 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING MRS. DEE SHERMAN FOR HER WORK WITH THE YOUTH OF THE COMMUNITY." Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive further reading of said resolution. • Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None APPROVAL OF DEMANDS on roll call vote: ADJOURNMENT ATTEST: CITY CLERK Motion by Councilman Chappell to approve Demands totalling $7481220.11 as listed on Demand Sheet C1005 and C10101 and 642A through 643A; seconded by Councilman Young and carried AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None Motion by Councilman Lloyd, seconded by Council- man Young and carried, to adjourn meeting at 9:18 P.M. APPROVED: - 16 -