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10-28-1974 - Regular Meeting - Minutesr: 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 28, 1974 The regular meeting of the City Council called to order at 7330 P.M. in the West Covina Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by Mayor Shearer; the invocation was given by Reverend Charles Simmons of the United Methodist Church. ROLL CALL Present: Mayor Shearer; Councilmen: Browne, Lloyd, Chappell, Young Others Presents George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Leonard Eliot, Controller Michael Miller, Planning Director John Lippitt, City Engineer Mark Volmert, Administrative Asst. Janet Williams, Administrative Intern PRESENTATION Mayor Shearer presented a Resolution of Commendation to Mr. Fred - resigning member from the Human Relations Board having served four years in that capacity. APPROVAL OF MINUTES Motion by Councilman Lloyd, seconded by Councilman Browne and carried, to approve minutes of the meeting of October 15, 1974. 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) AMERICAN HEART Request permission to conduct fund - ASSOCIATION raising drive during month of February 1975. (Approved in prior years. Recommend approval.) b) ELDRED W. GILDNER Request for Mail Order Business License. dba THE LOCATERS (Recommend approval subject to City SERVICE Attorney review.) 200 N. Grand Ave. West Covina 2. PLANNING COMMISSION a) SUMMARY OF ACTION Regular meeting, October 16, 1974. (Accept and file.) !W� r�L CITY COUNCIL CONSENT CALENDAR - CONT'D 3. RECREATION AND PARKS CODMISSION a) SUMMARY OF ACTION 4. HUMAN RELATIONS COMMISSION a) SUMMARY OF ACTION b) SUMMARY OF ACTION c) REVIEW ADDENDUM TO SUMMARY OF ACTION 5. YOUTH ADVISORY COMMISSION a) SUMMARY OF ACTION Page Two 10-28-74 Regular meeting, October 22, 1974. (Accept and file.) Regular meeting, September 26, 1974. (Accept and file.) Regular meeting, October 24, 1974. (Request to Hold Over.) September 26, 1974. Regular meeting, October 15, 1974. (Receive and file.) 6. ABC APPLICATIONS Chief -of Police recommends NO PROTEST. a) Farwest Industries, Inc. dba SUNSET NORTH 2029 S. Hacienda Blvd. 1005 E. Amar Road La Puente, Ca. 7. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK • a) Jerry Ferrer 1314 W. Devers St. West Covina, Ca. 8. CITY TREASURER a) SEPTEMBER REPORT 9. TRAFFIC COMMITTEE MINUTES a) REVIEW ACTION Re traffic collision 9/30/74 involving City car. (Deny and refer to City Attorney and Insurance Carrier.) Report for month of September 1974. (Receive and file.) Meeting of October 22, 1974. (Accept and file.) At the request of Mrs. Lee and Mrs. Comstock, residents of West Covina, items 9 III and 9 IX were removed from the Consent Calendar. At the request of Council, item 4 (c) was removed from the Consent Calendar. Motion by Councilman Chappell, seconded by Councilman Lloyd that Consent Calendar items 1 through 9 with the exception of items 4 (c), 9 III and 9 IX be approved. Motion carried on roll call vote as follows: • AYES: Browne, Lloyd, Chappell, Young, Shearer NOES: None ABSENT: None - 2 - • CITY COUNCIL CONSENT CALENDAR - CONT'D ITEM 9 III Page Three 10-28-74 Mayor Shearer reviewed the Traffic Committee Report and material pre- sented to the Council. Mrs. Martha Lee` Mrs. Lee explained that although 1033 E. Puente Ave. some residences in the area affected West Covina, Ca. by Item 9-III have access to an alley, no parking is allowed there, and use of the alley at night is not really safe. These residents do not want their parking restricted. She suggested an alternative method whereby a left hand turning lane is established using only the parking lane from the corner lots; i.e. Puente and Azusa Avenues. The residences have no' driveways and installation of same would be costly and complicated by room additions. The Councilmen asked Mrs. Lee questions about the alleys - proper lighting, direct access, relating to safety. Mayor Shearer asked Mr. Zimmerman if it would be possible to install the turning lane as suggested by Mrs. Lee. Mr. Zimmerman explained that normally it would take more than one lot length. It takes approximately 25 feet per car, plus some tapering distance. To allow for two or three cars, curving align- ment to enter the left hand pocket would take more than the average lot frontage. He indicated that the Staff would be happy to study the area again. Mayor Shearer stated he realized that from an engineering standpoint, the solution to the problem is as • prescribed; however, the inconvenience caused by eliminating the priviledge to park on the street is quite a disadvantage to the residents in the area. He indicated he would like to see the matter referred back to the Traffic Committee to see -if there is any way a compromise can be reached so that no one who objects will lose their front parking. • Councilman Young asked if the opening of,the Lark Ellen freeway underpass would reduce the traffic on Vincent. Mr. Zimmerman stated.that the minutes of the Traffic Committee did not reflect this consideration. However, opening of the underpass should be within the next two to three months and at that time, monitoring could begin to determine the situation. Motion made by Mayor Shearer, seconded by Councilman Chappell to refer this item back to the Traffic Committee to see if there is any way a compromise can be reached so that no one who objects will lose their front parking and to be held over fo.r a period of six months to determine if opening of the Lark Ellen freeway underpass will reduce Vincent Avenue traffic. Motion carried. ITEM 9 IX west side of Grand Avenue. He Councilman Lloyd explained that he wanted to know what the problems are commensurate with the creation of a crosswalk on Virginia Avenue at the asked the direction of the crosswalk. - 3 - CITY COUNCIL CONSENT CALENDAR - CONT'D Page Four 10-28-74 Mr. Zimmerman explained that the crosswalk in question is parallel to Grand on the west side; it crosses Virginia. The proposal of the Traffic Committee is • that there would be no crossing at Grand; students going to the Mesa School would go down the north side of Virginia from Grand until they get to Charvers where the crosswalk would be located. This would accomodate the students use of the sidewalk on the south side of Virginia. Councilman Lloyd reviewed parental concerns for students in this area, particularly relating to traffic speed limits. He felt this crosswalk would be in keeping with a real need in the area. Motion made by Councilman Lloyd, seconded by Councilman Browne to approve the recommendation of item 9 IX in the Traffic Committee Report. Motion carried. ITEM 4 (c) the Council recommend a "yes" Mayor Shearer explained that the Human Relations Commission- made a recommendation with regards to Proposition 15 requesting that vote. Motion made by Councilman Chappell, seconded by Councilman Browne to receive and file the recommendation. Motion carried. GENERAL AGENDA ITEMS • AWARD OF BIDS BID NO. 75-25 - Review Controller's report and rejct STREET SWEEPER all bids and authorize Street Mainten- ance Superintendent to use replacement funds to recondition current 1968 Elgin Street Sweeper. Motion made by Councilman Young, seconded by Councilman Chappell to accept the recommendation. Motion carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell,,Young, Shearer NOES: None ABSENT: None Councilman Lloyd stated he felt the City ought to review very carefully before going out to get bids. To put a bid together takes some time, and can be costly. The City should exercise extreme caution before going out for a bid of this type and creatework for companies bidding on it, and then have the City turn around and make a recommendation to do our own sweeper first. He did realize that perhaps the bids helped the City realize there was a more economical way to go, but felt that caution should be exercised so as not to offend bidders. Mayor Shearer concurred, but also noted that bid rejection is always a risk in bidding. Mr. Zimmerman explained that the sweeper had been included in the budget, but the bids showed a sharp increase in cost of sweepers. The monies not spent for this sweeper will remain in the Accumulative Account for replacement and repair of machines. - 4 - CITY COUNCIL GENERAL AGENDA ITEMS BID N0. 75-26 - AERIAL HYDRAULIC HOIST Page Five 10-28-74 Review Controller's report and request to hold over to next regular meeting. Motion made by'Councilman Chappell, seconded by Councilman Browne to hold over matter to next regular meeting. Motion carried. PUBLIC WORKS PROJECT NO. SP-74001 TRANSFER OF FUNDING AND EXPENDITURES - PRIORITY SIDEWALK PROGRAM Locations Various throughout City. Review Engineer's report. Authorize transfer of funding and expenditures from Account No. 134 to Account No. 133 for Project SP-74001. Motion made by Councilman Chappell, seconded by Councilman Browne to approve the recommendation. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Lloyd, Young, Shearer NOES: None ABSENTS None PRECISE PLAN NO. 626, REV. 2 Location: North Azusa Avenue, between ACCEPTING GRANT.DEED - LORD Puente Avenue and Badillo Street CHARLEY'S RESOLUTION NO. = ADOPTED . seconded by Councilman Lloyd resolution. Motion carried. The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A GRANT DEED EXECUTED BY LORD CHARLEY'S, A PARTNERSHIP, AND DIRECTING THE RECORDATION THEREOF." Motion made by Councilman Young, to waive further reading of said Motion made by Councilman Young, seconded by Councilman Chappell to adopt said resolution. Motion carried on roll call vote as follows: AYESs Browne, Chappell, Lloyd, Young, Shearer NOES: None ABSENT: None LOS ANGELES COUNTY "AID -TO- Location: Citywide. CITIES" FUNDING Review Engineer's report. Adopt resolution requesting $92,517 for maintenance of select system streets. RESOLUTION NO.-4961 - The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR MAINTENANCE OF SELECT SYSTEM STREETS." Motion made by Councilman Browne, seconded by Councilman Chappell to waive further reading of said resolution. Motion carried. - 5 - 0 CITY COUNCIL Page Six GENERAL AGENDA ITEMS 10-28-74 Motion made by Councilman Browne, seconded by Councilman Chappell to adopt said resolution. Motion carried on roll call vote as follows: STREET NAME CHANGE AYES: Browne, Chappell, Lloyd, Young, Shearer NOES: None ABSENT: None F.ernwood Street to Spartan Way Mayor Shearer asked if traffic signal installation was underway on Fernwood Street. Mr. Zimmerman reported that it was. Mayor Shearer asked if an illuminated street sign was planned in conjunction with the signal. Mr. Lippitt indicated that it was. The Mayor then questioned whether the sign could be changed to reflect the new street name. Mr. Lippitt said that the street name appeared on a slide -in panel and could be changed. Motion made by Councilman Lloyd, seconded by Councilman Browne to receive and file. Motion carried. STATE SOLID WASTE MANAGE- Informational Report MENT BOARD Motion made by Councilman Chappell, seconded by Councilman Lloyd to receive and file. Motion carried. HEARINGS PERSONNEL BOARD ORAL COMMUNICATIONS. None. None. (Next regular meeting being rescheduled due to Tuesday, November 5, 1974 being Election Day. Jim Schoonover Mr. Schoonover addressed the Council 803-B Mobeck to request their support against West Covina, Ca. Proposition A in the forthcoming election on November 5, 1974. He noted that there is no guarantee that bus fares will remain at 250; the proposition only promises the lowest - possible fare. The portion of money to be set aside for Rapid Transit Development does not clearly state what plan the voters would be approving. In the last two years RTD has studied 57 different transit modes, yet no decision has been made. He reviewed use of the last tax monies received by RTD, and past proposals made by RTD turned down by the voters. Harry Hall Mr. Hall, Treasurer of West Covina 234 North Shadydale Ave. Beautiful, advised the Council that West Covina, Ca. West Covina Beautiful would like to offer their help to any organization or the City that wishes to undertake a Bicentennial program. They have funds remaining from the Golden Jubilee. • Mayor Shearer thanked Mr. Hall. CITY COUNCIL Page Seven ORAL COMMUNICATIONS 10-28-74 Ann Hall Mrs. Hall addressed the Council 1880 E. Benbow St. to request their support in favor West Covina, Ca. of Proposition A in the forthcoming election on November 5, 1974. She noted that she felt this is about . our last chance for rapid transit. EPA, smog regulations and gas prices, car prices, etc. do not allow the automobile function as it should in this kind of an area. All parts of the valley and county will benefit from mass transit. The Southern California Rapid Transit District will be working with SCAG and the federal government. No concr4te plans have been presented to the voters because they are still developing the plans with the various communities. Councilman Young stated that in over four years on the Council, he did not recall the Council taking a position on matters before the public to decide. It is an excellent thing that this forum is available; views pro and con are being presented daily. One of the things that contributes to the harmonious atmosphere of the Council in dealing with civic problems is.the fact that we do not get ourselves involved as a group in other matters. He stated that he was'not prepared to give a vote at this time. Councilman Lloyd reminded the Council that this matter had come up before with some recommendations. At that time Councilman Browne made a motion that it not be considered and that motion carried by a majority vote. He felt the Council should stand by that motion. CITY ATTORNEY RESOLUTION N0. 4961 The City Attorney presented: • ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AMENDED MERCED/ORANGE AVENUE 1974 PLAN." Motion made by Councilman Chappell, seconded by Councilman Browne to waive further reading of the body of the resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Browne to adopt said resolution. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Lloyd, Shearer NOES: Young ABSENT: None EPA PARKING MANAGEMENT Mr. Wakefield explained this is REGULATIONS primarily an informational item. It is a reply from the regional adminis- trator from EPA with reference to the application made on behalf of the City for authority to under- take a case by case review of parking facility development which are subject to EPA regulations and also to establish a plan for the • development of parking facilities that is applicable citywide. In essence, the reply says that our application is still being considered; that the regulations have not yet been finalized, and that when they are a final decision will be made with,.refe.rence to it. In the mean- time, it suggests that additional information is available through - 7 - CITY COUNCIL Page Eight CITY ATTORNEY 10-28-74 the regional office with respect to the preparation and development of a parking facility plan for the City. The application should be renewed when the final regulations are adopted. • Mr. Wakefield recommended that the Planning Director be authorized to obtain any additional information that is available from EPA with reference to a parking facilities plan and the authorize the City Attorney to renew the application to EPA when the final parking regulations are adopted. Motion made by Councilman Lloyd, seconded by Councilman Chappell to approve the recommendation. Motion carried. Councilman Lloyd: "I just want to make sure that everyone in the room understands that the reason that I voted."aye" on item E-1, which pertains to the Merced/Orange Plan is not because that I have in any way changed my stand. It is just that I recognize and acquiesce to the will of the Council which was a 3-2 vote, my vote being descending. But at this point, it becomes academic. I just don't want anyone to misunderstand what I am doing. I am just merely, as we say, agreeing with what has already passed." 1974-75 CONTRACT SERVICE Mr. Wakefield explained that this item RATES WITH LOS ANGELES is primarily an informational report. COUNTY At the Council meeting in November 1973, an extension of the general services contract between the City and the County was approved for a five year period. From time to time the • County auditors are required to review the rates charged by County Departments for services furnished pursuant to contract. This item contains the determination made by the County auditor with respect to the rates which will be charged for this current fiscal year for particular kinds of services. Actually, the City has the option under the agreement of selecting any or all of the services which are available. Normally the services which we use on a current basis are the prosecuting services of the District Attorney and the election services provided by the Registrar of Voters. Motion made by Councilman Chappell, seconded by Councilman Young to approve the 1974-75 Contract Service Rates with Los Angeles County. Motion carried. MERCED/ORANGE SUGGESTED Mr. Wakefield explained that this too REHABILITATION ORDINANCE is an informational item. Two meetings ago a proposal was submitted at the time of the Merced/Orange amendment that the City modify it's uniform building code to permit certain kinds of alterations and repairs to be made. Mr. Fowler has analyzed the existing revisions of the building code as adopted by the City Council, and as he indicates, the state law requires that the City adopt a uniform code, although it is authorized to make such modifica- tions as may be required to meet local conditions. However, in review of the code as applied to the Merced/Orange area, it was Mr. Fowler's conclusion that for normal maintenance and repairs CITY COUNCIL Page Nine CITY ATTORNEY 10-28-74 and alterations that needed to be made, that'no amendment was required to permit that to be done. There is no existing require- ment that an existing structure be brought up to code if additions, . are made to it. Whatever alterations or additions may be desired by the residents in the Merced/Orange area can be done within the limits of our existing ordinances. Mayor Shearer requested clarification - any repairs, alterations or additions to an existing structure must meet current code; however, the existing structure does not have to be updated to current code. Mr. Wakefield explained that is correct. Motion made by Councilman Chappell, seconded by Councilman Lloyd t6 receive and file the report. Motion carried. PUBLIC EMPLOYEES UNION, A Request extension of time limits re DIVISION OF TEAMSTERS LOCAL replacement grievance - Fire Dept. 986 Mr. Wakefield explained that this item refers to a grievance which has been filed by the Public Employees Union on behalf of certain members of the City Fire Department. This grievance is in the process of administrative review and the Union is requesting that the existing time limits be extended for a period of two weeks to permit this review to be completed., He recommended the Council authorize the extension of time requested: that would be two weeks from this date. Motion made by Councilman Browne, seconded by Councilman Lloyd to authorize the time extension recommended. Motion carried. THE MAYOR RECESSED THE COUNCIL MEETING AT 8:30 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING, FOLLOWED BY THE PARKING AUTHORITY MEETING. COUNCIL RECONVENED AT 8:40 P.M. CITY MANAGER 1975 CLEAN-UP AND Mr. Aiassa explained that this is an PAINT UP WEEK item that has been brought up several times and appears on this agenda to get an early start. He requested the Council to designate one or two members to work with staff to get the machinery set up. Mr. Aiassa noted that there may be some conflicts in establishing dates because of a March and May election. He asked the Council to establish a date. The Council did not feel that elections would cause a conflict. Councilman Chappell and Mayor Shearer volunteered to work with Staff. Motion made by Councilman Lloyd, seconded by Councilman Chappell to receive and file. Motion carried. Motion made by Councilman Chappell, seconded by Mayor Shearer to establish the first week in May, 1975 as Clean-up and Paint Up Week. Motion carried. INFORMATIONAL REPORTS a) Status of Revenue Sharing Projects b) Summary of Revenue Sharing Funds: Receipts and Expenditures c) National Association of Housing and Redevelopment Officials (NAHRO) CITY COUNCIL CITY MANAGER Page Ten 10-28-74 Mr. Aiassa noted that councilmen should keep these reports in their own files because this is going to be an on -going report. Several other reports will be forthcoming to keep the Council abreast of what is -going on. Briefings will be scheduled on the Community Redevelopment Act. Motion made by Councilman Chappell, seconded by Councilman Lloyd to receive and file. Motion carried. REQUEST BY RECREATION AND PARKS COMMISSION Mr. Aiassa stated that the Recreation and Parks Commission has requested a joint meeting with Council. He proposed several available dates for the meeting. at 7s30 P.M. Mayor Shearer suggested November 18, 1974 Mayor Shearers "Question of the City Attorney. By November 18, in all probability we will know who the top vote getter is for the City Council seat election on the 5th; it may not be officially canvassed or sworn in. Can that person sit in somewhat as a quasi member, and participate in discussion?" Councilman Youngs "Mayor, can I ask a preliminary question? It would certainly be my intention, if there is a clear cut winner on November 5, if it is not a run-off situation or recount situation, to resign forthwith and hope that the Council would appoint that person to start sarving immediately and not wait for some technicality in down- town L.A." Councilman Lloyds "How much time do you have to wait?" Lela Preston: "I understand about 3 weeks." Mayor Shearers "Is it correct, Mr. Wakefield, that if Councilman Young should resign Council can appoint whomever they choose to, and if it happens to be the one that eventually will be elected officially, there is no problem, is there?" Mr. Wakefield: "Under the existing law, whoever is appointed has to file the declaration that is required in connection with the dis- closure of assets 10 days before the date of which he takes office. To answer Mayor Shearer, yes, someone could sit in on the meeting, but could not vote on any matters." The City Council will hold a joint meeting with the Recreation and Parks Commission on November 18, 1974, 7:30 P.M. REQUEST BY HUMAN RELATIONS COMMISSION Mr. Aiassa stated that the Human Relations Commission has indicated they would like a joint meeting with Council; however, a formal request has not been made. - 10 - • • • CITY COUNCIL MAYOR'S REPORTS CITY CLERK MAYOR'S REPORTS PROCLAMATIONS BICENTENNIAL REPORT Page Eleven 10-28-74 None. Mayor Shearer declared November 11-17, 1974 "Youth Appreciation Week". Mayor Shearer declared November 10, 1974 "United States Marine Corps Anniversary". Mayor Shearer noted that this item will be'discussed at a joint meeting with the Chamber of Commerce, Tuesday, November 12th at 4:30. VACANCY ON RECREATION AND PARKS COMMISSION Mayor Shearer asked that this item be held over partially because the press release for interested citizens to apply was only in the newspaper on this date, plus by deferring the matter, more input can be received from the Commission itself. ROWLAND UNIFIED SCHOOL DISTRICT Mayor Shearer reported that he was contacted by a representative of the paper late. last Friday afternoon regarding a conflict with the Rowland Unified School District. He advised each member of the Council to familiarize themselves with the situation . He noted that he, as Mayor, and on behalf of the councilmen, felt the City Council of West Covina would be ready, willing and able to discuss the matter with the Rowland Unified School District. The Mayor and Council have not been officially notified by the school district as of this date. Councilman Young asked if it would be in order to contact the school district to indicate willingness to discuss the conflict. Mr. Wakefield said that it was a difficult situation where the City, as a City, has a very small role to play in the decision that is made, except insofar as that decision may relate to the extension of the size of the existing park and the rezoning of the remainder of the proposed school site, if the City and the school district are unable to agree upon a permanent solution to the matter. He would certainly think it would be appropriate for a committee from the Council to meet with representatives of the school board to review the situation before any action is taken. It is not a violation of the Brown Act. Motion made by Councilman Lloyd, seconded by Councilman Browne that Mayor Shearer and Mayor ProTem Chappell be constituted a committee of this Council to act as liaison with the subject Board of Education for any useful purpose in resolving this immediate controversy. Motion carried. SECTION 4133 OF THE MUNICIPAL CODE Mayor Shearer told the Council that he has beeri.`_contacted by a member of of the community regarding Section 4133 of the Municipal Code. This code prohibits a long list of activities under the general heading of Fortune Telling, Palmistry, etc. One • • CITY COUNCIL MAYOR'S REPORTS Page Twelve 10-28-74 of the items that is included, and prohibited from being practiced where there is a fee charged or donation accepted is the practice, or art or science, depending on your belief or disbelief, of astrology. The individual who contacted the Mayor asked that this be striken from the ordinance as a prohibition. Part of the argue- ment that he used is that you can go down to the Broadway Department Store and get your horoscope for $20.00. Mayor Shearer reported that he had contacted a number of cities in the East San Gabriel Valley. The City of Pomona has within recent years repealled this section of their ordinance; they indicated no particular problem. The City of Covina has no ordinance prohibiting the practice of astrology. Motion made by Councilman Lloyd, seconded by Councilman Browne to refer this matter to the City Attorney. Motion carried. APPROVAL OF DEMANDS Motion made by Councilman Chappell, seconded by Councilman Young to approve demands totaling $418,487.16 as reflected on Demand Sheets C1011 and 1103, and 644A through 645A. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Lloyd, Young, Shearer NOES: None ABSENT: None ADJOURNMENT Motion made by Councilman Chappell, seconded by Councilman Browne to adjourn the meeting at 8:50 P.M. to November 12, 1974 at 4:30 P.M. Motion carried. - 12 -