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03-10-1975 - Regular Meeting - Minutesti MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 10, 1975. The regular meeting of the City Council called to order at 7:30 P.M., in the West Covina Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by Girl Scout Junior Troop 481 — Janese Geer, Christy Jacobson, Stacey Mullens and Sandy Shaw. The in— vocation was given by Councilman Gary Miller. ROLL CALL ` Present: Mayor Shearer; Councilmen: Browne, Miller, Chappell, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Dir., Leonard Eliot, Controller Michael Miller, Planning Director John Lippit.t, City Engineer Eric Cohen, Staff Reporter — Sentinel Mark Landsbaum, Staff Reporter — S.G.V..D.T. APPROVAL OF MINUTES Motion by Councilman Browne, seconded by Councilman Miller and carried, to approve minutes of the meetings of February 18, 1975 and February 24, 1975. REORGANIZATION'0_F CITY (To be handled just prior to the close of the meeting. Explained in further detail by the Mayor) Mayor Shearer: I would like to make a few comments now because some of the people that I would like to hear this may not be around at the ending of the meeting. Th is will be sort of my farewell address. I think this past year, at least for me personally, has been a very wonderful experience. It has been rewarding and educational and to a great extent humbling. I think it has been a good year for the City. I am a little disappointed that in some areas things did not proceed a little faster. I wish the CBD were further along; I wish we were further along with our acquisition of Sunset School; and I wish we had made more progress towards the resolution of the tri—city merger. These three things I think will be enough to give the next Mayor a goal to shoot for. As I look around at my colleagues I see several new faces — I think this should give cause to those of us that have been here a little longer to pause and reflect that we shouldn't get too built up in our own self—esteem, because there is always some— body ready, willing and able to step in and take over our position. There.is a verse from the bible that warns people not to think more highly of themselves than they ought to think and I think that is applicable: • I think it would ill behoove me if I didn't make a few thanks. First I would like to thank my colleagues on the Council.for making it possible for me to serve as Mayor and secondly, for the help they have given in this past t rioltvedomonths. Of course, thanks to staff. City Council really does as much work as the staff does. It would be;inappropriate if I began to name names — 1 — CITY COUNCIL Pa e Two 3�10/75 because if I did I surely would leave someone outg but all of the staff, starting with the City Manager on down through the City I think has given wonderful support. And of course last but not least, the person who in my opinion has given up the most and probably gets the least out of any one of us serving as Mayorl, and that is the wife. •She put up with a lot of absences on my part and got very little in return. So thanks there. I will sum up by saying I think it has been a good year and that we have a lot more good years to come and maybe if we are around long enough we can try it again sometime. Councilman Chappell: Mr. Mayort I would also like to say something in case some of the people would be leaving before the reorganization of our Council takes place. I would like to say it has been an excellent year under your leadership. With the change of three Councilmen it has certainly been a greater burden on your efforts to keep the Council going in the right direction and keep us informed. The experience of being a Mayor is an outstanding one, as.you,have related and as I said before, I think everyone should have that i opportunity. Some do t better than others and I,would.say your tenure as Mayor has been an excellent tenure and.probably you will - be back there again in the not too distant future as ybur.term con- tinues on. As I sit here as your Mayor Pro tem. I would say that we can't complain about last year under any circumstance, we have had a moving ahead Council, one that has accomplished a tremendous amount in benefits for the citizenry as well as the business com- munity and I commend you for the efforts that you have given our City, because a Mayor gives a tremendous amount of his time and talents. It has been a pleasure serving under you this past year. Councilman Browne: Mr. Mayor, as you recall I was newly • elected last year and the first traumatic experience I had to go through was the reorganization of the Council, the electing of the Mayor and Mayor Pro tem. In such instances there is always one or two people vying for that position. You have to do a.lot of soul searching when you select that person. I felt that my decision was right in my own mind even though it didn't meet with the political atmosphere of other people. I am very happy to say, Chet, I am proud I made the ;position I did because I felt the party who held this office would have to have full-time to devote to the duties, a man who would hold the interests of the City first and pit forth that extra effort that it' takes to accomplish the job. To me you more than fill the requisites that I place in upholding this position. I want to personally thank you for a job well done, I think your contribution has,ceft.iihly etched an outstanding notch of honor for your dignity in your tenure, Mayor. Councilman Tice: the years as a member of support all along and you term well. Mr. Mayor - I have been on Council for only a short time but have had the pleasure to observe your actions over Council and as Mayor and you have had my have done an excellent job and served your Councilman Miller: Mr. Mayor - it has been my privilege to • serveunderyou and the job you have done, as far as I am concerned, has been outstanding. (Audience agreed by their applause; Mayor thankedeveryone one.) - 2 - • CITY COUNCIL Page Three 3/10/75 CONSENT CALENDAR The Mayor explained the procedure of the Consent Calendar items and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) RIVERSIDE COUNTY BOARD Re site for proposed new National Cemetery OF SUPERVISORS for California. (Council) b) VISITING NURSES ASSOC. Request for a Non -Profit business license. EAST SAN GARRSEL (Approve subject to review by City VALLEY.,: Attorney and City'Clerk) c) MRS. JEAN G. CARTER 724 E. Herring Ave., West Covina d) GATTMANN & MITCHELL e) VETERANS OF FOREIGN WARS, WEST COVINA POST NO. 8620 2. PLANNING COMMISSION SUMMARY OF ACTION 3. RECREATION & PKS. COMM. • SUMMARY OF ACTION 4. PERSONNEL BOARD MINUTES ACTION ITEMS 5. HUMAN RELATIONS COMM. SUMMARY OF ACTION Re opposition to Precise Plan No. 667 - DMV facilities.. (Receive and file) Re proposed Garvey Avenue name change. (Refer to Hearing- Item- 8--2) Re City's Veterans' Preference Policy. (Refers to City Attorney Item E-1.) March 5, 1975. (Accept and file) February 25, 1975. (Accept and file) February 11, 1975. (Receive and file) From 2/11/75: Refer to City Attorney's Agenda Item E-1. ,-. ` alvk� February 27, 1975. (46dnTi—fi-Y'e) 6. YOUTH ADVISORY COMM. MINUTES February 11, 1975. (Adj. Reg. Mtg.) February 25, 1975. (Adj. Reg. Mtg. (Receive and file) 7. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) PRECISE PLAN NO. 298 LOCATION: North side of Puente Avenue, REV. 2 West side of Lark Ellen Avenue. JAMES P. HUFFMAN Accept sidewalk and trenching for street lights improvements and authorize release of Cash Deposit in the amount of • $700. (Staff recommends acceptance) b),PRECISE PLAN NO. 599 LOCATION: South side of Cameron Avenue, REV. 1 - WESTERN west of Sunset Avenue. FINANCE CONSTRUCTION Accept sidewalk and driveway improvements and authorize release of Cash Deposit in the amount of $460. (Staff recommends acceptance) 3 CITY COUNCIL Page Four CONSENT CALENDAR - Cont'd. 3/10/75 c) PARCEL MAP NO. 1265 LOCATION: North side of Cameron L. M. NERENBAUM & ASSOC. Avenue between Walnut Creek Channel and Toluca Avenue. Accept sidewalk improvements and authorize release of Cash Deposit in • the amount of $420. (Staff recommends acceptance.) d) UNCLASSIFIED USE LOCATION: South side of Merced Avenuep PERMIT NO. 167 west of Glendora Avenue. BEHAVIORAL RESEARCH Accept sidewalk and driveway improve - LABS ments and authorize release of Cash Deposit'in the amount of $750. (Staff recommends acceptance) e) UNCLASSIFIED USE PERMIT' LOCATION: West side of.Azusa Avenue, NO. 1559 REV. 1 north of Rowland Avenue. WEST COVINA MINIATURE Accept sidewalk improvements and GOLF authorize release of Cash Deposit in the amount of $750. (Staff recommends acceptance) 8. ABC APPLICATIONS Chief of Police recommends: No Protest. a) George K. Fotiou dba THE WATERWHEEL 731 N. Azusa Ave. #13 648 S. Sunset Avenue West Covina b) West.".Coijin',j.,,rR6staijtants-p1 Inc. d.ba LORD CHARLEY'S 8689 9th Street 730 N..Azusa Avenue Cucamonga • 9. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK: a) Edward Firestone, Attorney, on behalf of Mr. and Mrs. Holland, 1324 Aileron, La Puente, re accident on 2/5/75 with city vbhi6le. (Deny and refer to City Attorney and Insurance Carrier) b) Arnold L. Wood, Attorney, on behalf of LaVern Johnson as guardian ad litem of Gregory Johnson, a minor (822 S. Montezuma Way, W.C.) re Claim for Personal Injuries on 12/3/74 at Orangewood Park. (Deny and refer to City Attorney and Insurance Carrier) c) Five Brothers, Inc., 5408 E. Washington Blvd., L A., (Driver: Charles William Sain, 723 N. Walnuthaven Or.,, W.E.) re traffic accident 12/15/74 at intersection of Lark Ellen Avenue and Badillo Street due to alleged malfunctioning traffic signals. (Deny and refer to City Attorney and Insurance Carrier) (Council requested the withdrawal-,�df Item 1-a and 2-a from the Consent Calendar for further discussion.) Motion by Councilman Browne to approve Consent Calendar items with the exception of Item l-a and 2-a; seconded by Councilman Miller and carried on roll call vote as follows: • AYES:.Brownet Miller, Chappell, Tice, Shearer NOES: None ABSENT: None ITEM 1-a Codhcilman Tice advocated support of NATIONAL CEMETERY the National Cemetery at March AFB, as requested by the County of River- side Board of Supervisors; Council pointed out it was a centralized location and needed. 4 CITY COUNCIL Page Five CONSENT CALENDAR - Cont'd. 3/10/75 Motion by Councilman Tice to approve request received from the County of Riverside Board of Supervisors for support of National Cemetery at March AFB; seconded by Councilman Browne and carried. ITEM 2-a Councilman Miller stated sometime back PLANNING COMMISSION with regard to Precise Plan 665 he had • SUMMARY OF ACTION said "no" and before voting,"" at this time he would like to personally review the.plans; Mayor Shearer explained it was proper for Council to call this matter up if Councilman Miller so desired. Council had no objections, Precise Plan 665 called up by Council. GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 75-60 Bids received in the Office of the Pur- TRUCK MOUNTED AERIAL LIFT chasing Agent up to 10:00 A.M., on Wednesday, February 19, 1975, and thereafter publicly opened and read. Held over from February 24, 1975, to this date. Council reviewed.Controller's report. A total of'four bids received, reflecting net prices, including the trade-in of the 1963 Asplundh-model Aerial Hoist: Al Asher & Sons, Inc., Los Angeles, Ca. Skyworker Model 6950C $24?005.82 Asplundh Equipment Sales & Service, Azusa, Ca, Primary Bid $249910.42 (Alternate Bid: $239532.00) California Truck Equipment, Los Alamitos, Ca. •Hi -Ranger Series SF $30,350.71 Mustang Equipment Co., Whittier, Ca. Pitman Model HS 50 MN-2 $43,709.10 Motion by Councilman Chappell to approve awarding Bid No. 75-60 to Asplundh Sales and Service Company for one 1974 Asplundh Model LR-50 at a total cost of $239532.00 including sales tax; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None PUBLIC WORKS PROJECTS NOS. SP-75005 LOCATION: California Avenue at West AND SP-75006 Covina Parkway; Vincent Avenue - San Bernardino Freeway to Walnut Creek Wash. (Council reviewed Engineer's Status Report) Motion by Councilman Tice to refer discussion and decision to City Manager's Agenda Item #G-9; seconded by Councilman Browne and carried. . •UNCLASSIFIED USE PERMIT LOCATION: SE corner of Azusa Avenue and NO. 193 San Bernardino Freeway. HELEN T. ANDERSON (Council reviewed Engineer's report.) RESOLUTION NO. 5025 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNI.A, ACCEPT- - 5 - CITY COUNCIL PUBLIC WKS: UNCLASS'IF.IED.USE--PERM IT';NO. `"193 Page Six 3/10/75 ING GRANT DEED EXECUTED BY HELEN T. ANDERSON, AND DIRECTING THE RECORDATION. Motion by Councilman Browne to waive further reading of said resolu— tion; seconded by Councilman Miller and carried. • Motion by Councilman Browne to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None PLANNING COMMISSION TENTATIVE TRACT NO. 31102 LOCATION: North of Shadow Oak Drive and (PCD-19 D.P. #9) west of Nogales Street. TENTATIVE TRACT NO. 31472 REQUEST: Approval of three tentative (PCD-1, O.P. #9) tracts totaling 178 single family lots TENTATIVE TRACT NO. 31481 on a 39.9 +/— acre parcel of land. . (PCD-1, D.P..#9) Recommended by Planning Commission KAUFMAN & BROAD Resolution No.' 2579. Councilman Browne: Mr. Mayor, I was present at the public hearing conducted.by the Planning Commission and I am in agreement with their decision on the matter. They recommended 5 to 0 for approval. Motion by Councilman Browne to approve. Tentative Tracts Nos. 31102, 31472 and 31481 (PCD-1, D.P. #9), as recommended by Planning Commission Resolution No. 2579; seconded by Councilman Miller and iscarried. ORAL COMMUNICATIONS Dave Saldana 1245 So.JS-hadylane West Covina Commander — W.C. Post 8620 Veterans of Foreign Wars of the U.S. I believe you gentlemen are recepients of a letter that I forwarded to you from the Veterans with regard to Veterans' Prefer— ence, a matter before you tonight. I would like to have permission to read this letter at this time. (Read letter dated March 5/75 objecting to a time limitation on Veterans' Preference.) (Mayor Shearer advised this would be dis— cussed by Council a little later on the agenda) Mrs. Sola Music Mr. Mayor, I would like to go on record 3447 Helena Drive again saying that I believe the ordinance West Covina underwhich I am being cited is unfair. I have 82 names on a petition that I circulated pertaining to the fact of my truck being parked in my driveway and the 82 names do not object to my being parked there. (Mayor Shearer suggested Mrs. Music submit the petition, further saying he thought she had made a very fine presentation two weeks ago and the members of Council are well aware of her position and the matter is •still under consideration by the Traffic Committee and unless she had some new items other than a sincere desire on her part to have the ordinance changed ...... Mrs. Music said before submitted the petition she would like to have a copy made of same. T-he Mayor suggested that she might use the City's copying machine to do so and to submit the petition as early as possible so the Traffic Committee would have it for their consideration. The Mayor suggested to Mr. Aiassa that the Traffic Committee's report contain this petition to Council) CITY COUNCIL Page Seven ORAL COMMUNICATIONS 3/10/75 Mrs. Music: One further question, if I may. I am still being cited with tickets and I was wondering if my case is not resolved this evening will I still be cited if I leave the truck in my driveway? • Mayor Shearer: Mr. Wakefield, could you enlighten the Council - since this is a violation, I assume a city ordinance violation - I know we have in the past asked that a moratorium be placed on certain enforcements. Would that be the prerogative of the Council in this case!.. Mr. Wakefield: Mr. Mayor, the Council really doesn't have the authority to suspend the provisions ofthe West Covina Municipal Code; however, I understand there was a moratorium in the enforcement of this particular section so far as the Police Department was concerned which expired on the 1st of March. I am sure if it is the desire of the City Council that there be a further extension of that moratorium the Police Department would cooperate. Mrs. Music: Mr. Mayor - I still have a problem.on..this - if I am still being cited and I feel the.citing is unfair who do I contact? Mayor Shearer: As the law stands I think it is a legal law and your only recourse is through the courts. (Explained further; the City Attorney concurred) HEARINGS ZONE CHANGE APPLICATION LOCATION: 2003, 20079 20199 20279 2033, • NO. 490 - CITY INITIATED 21059 2111 & 2117 E. Garvey. REQUEST: Approval of a Change of Zone from R-1 (Single Family to MF-15 (Low Density Multiple Family Zone. Recommended by Planning Commission Resolution No. 2570. Held over from February 24, 1975. Hearing closed and referred back to Planning Commission for review. Recommend- ed by Planning Commission Resolution No. 2582. (Mayor Shearer advised this matter was heard by Council on February 24, the motion for approval was defeated on a 2 to 2 vote and the matter was referred back to the Planning Commission to determine if possibly there was some compromise that could be worked out to fore- stall,a potentially difficult situation.) Mr. Miller Mr. Mayor and Council, pursuant to your Planning Director instructions the staff did hold a meeting .with the people in the area of Amar, Shamwood, Idahome and Mardena on March 3 at 7:30 P.M. in the Council Chambers on an informational basis. Approximately 115 notices were hand delivered and approximately 14 people attended the meeting. We had a general discussion as to alternatives to the proposed zone change ranging from commercial to multi -family to remaining single family, to acquisition of the land for park purposes. Discussing the development standards for the MF-15 zone we outlined some of the pro- tections relating to privacy as well as noise, the advantages and dis- • advantages were quite clear in their minds. It was staffs' impression summarizing the meeting that the people in attendance under- stood the situation and knew it was really making the best of a bad situation and this information was presented to the Planning Commission on March 5th. At the March 3rd meeting the people were told of the March 5th meeting and that we would be considering this matter and on the basis of the March 3rd meeting and that no one appeared before the - 7 - CITY COUNCIL HEARINGS: ZC #490 Page Eight 3/10/75 Commission to make comment pro or con, the Planning Commission re- affirmed their original recommendation to approve Zone Change #490 and the EIR. This matter is now before Council for final action and does not require a public hearing but according to the City Attorney the'Council, if they so desire, may open the matter for discussion. • Mayor Shearer: Thank you. I think we will open�'it up for testi- mony. And for the record we have recevied several items. We have an item dated March loth signed by Mr. and Mrs. K. Juul, 2027 East Mardena, opposed to the change; a letter dated March 6th signed by Mr. Richard Chapman, 2104 East Mardena, opposed; an undated memo signed by Betty Brown, 2111 East Mardena in opposition; also a petition that is reported -to have been circulated subsequent to our last meeting as of March 4, 1975, these people are still opposed to the zone change and signed by what appears to be approximately 66 signatures. THE MAYOR OPENED ZONE CHANGE 490 FOR PUBLIC TESTIMONY, FOR OR AGAINST. IN OPPOSITION Richard Chapman (Sworn in at previous public hearing on this item) 2104 East Mardena About the meeting last Monday, I wasn't able to West Covina attend due to prior business commitments. Mr. Miller however did call me and offered to meet with me at -a later date. I got back in town late and was tied up with business and unable to meet him but I do thank him for that opportunity. I would like to say the notices that were delivered for that meeting last Monday we go ours last Saturday, two days before the meeting. I don't know how many of you gentlemen are even home on weekends or have prior commitments or can make a meeting on 48 hours notice. This •may or may not account for some of the people not showing up. However by the amount that showed up tonight this may or may not be the case at all. I would like to go through a few select points on the Council's criteria for low density/multi-family purposes, and pick out a few points I am in question of and that you gentlemen on the Council that will be voting on this should have perfectly clear in your minds before you vote on something like this. Section 9205.1 - Criteria: A demonstrated public need shall be established and it shall be the responsibility of the applicant to provb`.that such a need exists. I think the only thing shown was that the buildings there were somewhat rundown and could re- main in a rundown state. I don't believe that establishes the need for rezoning. I think there should be some other impact other than Cal - Trans trying to sell the land. Subsection 2. Effect and Influence. The effect of the proposed development on the school system. I brought that up last time. I think it was brought up also at the Planning Commission meeting last Monday and I don't believe a suitable answer was ever given. I don't know if you gentlemen are aware of any impact study on the schools or not. It is important in my mind. I hope it is in yours. Subsection 5. Development Standards. A - Density. The maximum number of dwelling units shall be 15. I refer to the four development schemes that were presented tothe people attending the meeting last Monday. If you work these out on a per acre basis, assum- ing that since these lots are all under 1 acre in size assuming you should ever get one package of the proper size, it works out to 14.33 units per acre. That is pretty close, right on the maximum size. Part C of the same subsection. Site Size. I can't see where the Planning Commission can make a special part of this ordinance to allow under 1 acre when it specifically calls out for one acre. The question I put to you gentlemen - what happens if this is rezoned - I believe CITY COUNCIL Page Nine HEARINGS: ZC #490 . 3/10/75 there are two or three lots in there steill owned by the public and that is what is breaking up the one acre lots, if those people sell are those lots still subject to MF-15? Or is this contingent on the fact who ever gets the land does need one acre in size? Point 5 - G & I. G states Ground Coverage shall not exceed an aggregate area of 55% of the total lot, aggregate area shall be the total amount of land covered by •residential structures, carpots, garages, etc. etc., shall be excluded. I would like'to include that part and part I which states - the minimum square feet for any dwelling listing it by bedrooms. I again refer to the development schemes, 1 thru 4, that were given tothe people at the meeting last week by the Planning Commission. I don't know who drew these up but apparently they were not aware of these requirements. If you look at development scheme 1 it shows duplexes, it says 27.5' by 21.5' typical - that is a total square footage of 591 square feet, which is over 200 square feet less than the minimum. The total aggregate in this parcel is 53% of the total part of the land and that doesn't include sidewalks or anything else. (Mayor Shearer asked the Planning Director if this was intended to be a two story structure and Mr. Miller stated there is no limitation whether it is one or two story and in that instant it would have to be two story and would then be 300' over the minimum requirements.) Mr. Chapman: Mr. Mayor, if you look at Part 4 it does denote two story structure. I would assume in terms of consistency and in good engineering practices on something like this it would be annotated so. And No. 2 - the total square foot buildable area was 3240 divided by 4 is 810' per unit, just barely over the minimum. The aggregate area there is 79% of the land or 24% over minimum. No. 3 - apparently the square foot- age is acceptable assuming they.are all one bedroom apartments. Total aggregate area is 63% or B% over your total minimum. No. 4 - where it is denoted a two story dwelling, 57% aggregate land or 2% over. If you gentlemen will just look at No. 4 and try and imagine yourself living in something like that - a two story and then walk out over the garage and try and imagine who is going to have the top floor and the bottom and try and divide up the area - it is unimaginable to me. What I want to bring up with this.is that this is not consistent with your own rules and regulations for a MF-15 classification. It concerns me if this can be drawn up and if it is passed - this is something you gentlemen should certainly take into consideration. It doesn't show much thought to me. It appears to be something that is being forced through in a hurry for the benefit of the Cal -,Trans people seeing as at the last meeting it was brought out that the closing date on the bids was two days after the next meeting. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY FOR OR AGAINST, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. (Councilman Tice asked Mr. Miller if he had explored the possibility of that property being used for a professional type of use and Mr. Miller advised staff had but the depth of the property and the location in the vicinity of primarily residential uses from a land use standpoint would be inappropriate and also would increase the traffic flow far more than apartments would.) • Councilman Miller: Mr. Mayor, I voted "no" last time because of the concern I had for the signatures given to us and tonight I am looking at again signatures. I did personally conduct my own personal survey down there and it does show to me that the people are split about half and half on this. I also find that two that had said "no" had great concern from the CITY COUNCIL Page Ten HEARINGS: ZC #490 3/10/75 standpoint of privacy and what it would do to the area. I commend staff, they did hold their hearing a week ago and the public at that time was notified; I attended that meeting. From the standpoint of our ordinance we do protect the privacy of the people and this was so stated and I did call the school district today and was assured that the -impact:.of these particular developments would not be harmful •on the existing school. We do (which I said last time is very obvious have a delicate situation in a blighted area which needs a solution. So I personally have come to the conclusion because the people have had a chance to say "yes" or "no" and I have had my chance to talk to them that I now feel because of the current situation that exists there that we should go ahead and proceed with MF-15, which would then mean that a precise plan will have to be submitted at a later date and this will give these people on the petition and living in the area a further opportunity to come back again and present their case and to make sure the privacy protection is there. I feel that -the people have been represented adequately. Councilman Browne: Mr. Mayor, I think over a period of years the City Council and Planning Commission at the direction of the necessities at hand have ini- tiated studies throughout the city relative to multi -family zoning.. I am personally of the opinion that there are proper places for multi- family dwellings, I do not believe in placing them in the center of R-1 but unfortunately we have many properties throughout the city pre - zoned to that effect, but the protection now in the requirements has lessened the impact in that direction. Our General Plan also speaks to the necessity of multi -family in the community and we will be going through another change on the General Plan where we are compelled to supply a certain amount of multi -family structures within our City to take care of the expanding population. Throughout, the best possible land uses were undertaken over the period of years that I was on the .Planning Commission; and some of the seminars I attended dealt directly with this subject. The most logical place for multi -family would be in a transitional area such as we have in this instance, primarily between a freeway and R-1 residential zoned area. This would be a natural buffer and relate to the ordinance calling for restrictive designs to protect adjacent structures, and this factor has been of prime concern to the City Council and the Planning Commission during the last four years. There hasn't been one public hearing relative to a multi -family coming off this body that has not given full considera- tion to the privacy and rights of others in the area. It was not to our liking that we were faced with this problem; however we are faced with.resolving it. The impact upon this area is such that I feel the deteriorating properties facing the freeway would be far more effective of impact on the surrounding properties than that of multi- family. As pointed out by the gentleman tonight, there were four alternate plans submitted for structures on those properties and they are not precise plans. Again you would have the right of expressing your concerns if and when those developments might take place. The City is faced with a problem at this time that could cause future pro- blems that would be far worse than it is if we did not approve this tonight. I know it is with mixed emotions that we take action on this but we are trying to preserve our community and see that it does not go down to blight. Councilman Tice: Mr. Mayor, I voted "no" on this at the last • meeting mainly from the standpoint I feel the City has too many apartments. However, I have looked at the area and reviewed it and Mr. Miller answered my question as to what other use could be put on this land; so I am afraid reluctantly'I would have to go along in support of this change even though I am not too keen on additional apartments in this city. - 10 - CITY COUNCIL Page [Iavem 3/lO/75 Councilman Chappell: As stated at our previous meeting, this isn't the usual zone change request, here we are pooad with a deteriorating section of single family residences along Garvey, and I don't see anyone coming in with money offering to repair or fixing them up but I do ooa that if a person might have the opportunity of buying this land there is oppor- tunity for multi -family development and we would probab.ly have o *better chance of hawing it updated and upgraded. As stated by Councilman Browne, in the past we have always looked after the single family residents next to a multi -family project. Their privaoy�hos been safeguarded. With regard to the noiog-- I would like to have a two story building separating my homg from the freeway because I have olieotn along this freeway and I am amszad that they are able to live in the homes because of the noise and mnlgoo heavily insulated they will not have renters either, but I think we are picking the lesser of two evils here. This Council hasn't done too much in multi -family zoning in the past. We have in the last few years continually lowered the amount of units that can be built on an acre to protect our single family residents. I voted in favor of this project last time and continue my vote this -time.- Motion by Councilman Chappell to approve Zone Change No. 490 ~ City Initiated; seconded by Councilman Browne and carried. Mayor Shearer abstained. ORDINANCE INTRODUCTION EMERGENCY ADOPTED NO. 1264 The City Attorney presented: *AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINAo CALIFORNIA» AM[NO~ I-NG THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES AND PROVIDING THE SAME TO BE IMMEDIATELY EFFECTIVE." otion by Councilman Tice* seconded by Councilman Miller and carriod» rto waive further reading of said ordinance. Motion by Councilman Chappell to introduce and adopt said ordinance; seconded by CqUhcl}man Browne and carried on roll call vote as follows: AYES: Bzowne» Miller» Chappell, Tice NOES: None ABSENT: None ABSTAIN: Shearer Mayor Shearer: I want to make o statement here because the implication has been made by at least one witness that Cal -Trans might benefit by this action. I have talked to no one» with the exception of one person the lady sitting in the back - that is my wife. Cal -Trans does not stand to benefit and by its very obvious absence here ~~ doesn't care. If you really want my feelings on what the State has done to Ueot Covina in this matter I don't think my feelings would go in the direction of my employer. I think the city has taken it on the chin in this situation. So any implication that there is' mmme oort of underhanded - or whatever, with mo» it is just the opposite, PROPOSED GARU[Y AVENUE LOCATION: North side between the east NAM[ CHANGE and uoetCity Limits. Proposed name change of Garvey Avenue to Northnido Drive between the westerly City im1to and Citrus Street and from Borromoe Street to the easterly City Limits; and to Eastland Center Drive between Citrus Street and Barranca Street. (Proof of Publication of Notice of Public Hearing in the Uaat Covina Tribune on February 27* 1975 received. 315 Notices mailed) (Public Services Director advised e report has been submitted to Council and staff is ready to make any additions that Council may uloh°) CITY COUNCIL Page Twelve HEARINGS: PROPOSED GARVEY AVENUE NAME CHANGE 3/10/75 Mayor Shearer: Madam City Clerk, do you have the affidavit of publication and mailing relative to this hearing? City Clerk: Yes, I do. Motion by Councilman Chappell, seconded by Councilman Tice and carried, •to receive and file. Mayor Shearer: Madam City Clerk, have there been any written protests that you have received? City Clerk: Not since we published the. hearing notice. Mayor Shearer: There hpve been some received, I don't know if was in response to that or prior. How does that need to be handled, Mr. Wakefield? Mr. Wakefield: Mr. Mayor, if you have copies of correspondence with reference to the matter that correspondence should become a part of the record of this public hearing. It doesn't really matter whether the correspondence was receiv— ed before or after the publication of notice of the yearing. (Mayor Shearer stated he had a copy ofa letter from the owners of De Pietro Square dated January 16, 1975 signed by Frank De Pietro, opposing the name change and supportive of the position of changing the name by adding north and south to Garvey Avenue; another letter dated January 20, 1975, signed by Mr. Gatman of Gatman and Mitchell, General Contractors, opposing the Eastland Drive aspect of the proposal and supportive of the name change providing it is all Northside Drive.) •PUBLIC HEARING OPENED FOR TESTIMONY FOR OR AGAINST GARVEY AVENUE NAME CHANGE. (City Attorney advised witnesses need not be sworn in.) Robert De Pietro I am here with my father and brother; we are owners 2320 Wayne Avenue of De Pietro Square on Garvey Avenue. As the Mayor Los Angeles stated we did send in a letter voicing our suggest— ions to the proposed change; however, we did make clear another position that of adding the names North and South after Garvey Avenue. I would like to go over the observations made in the letter. (Briefly stated they went over this matter with their tenants, who also received notices, they all objected to the change. L. A. County reserved its opinion, since they are not allowed to take a position on local matters. Read letter from Kaiser Permanente objecting, stating Council received a copy of the letter. Explained in further detail the costinvolved in a name change for the tenants and the inconveniences caused.) The February 5th memo includes a result of the survey of individuals and property owners along Garvey Avenue and we take exception to one item of this which stated that no property owners along Garvey Avenue between Sunset and Orange were in opposition. We are located there and we definitely are prominent property owners and have voiced our opposition as noted from our letter. I wonder how many other discrepancies might be contained in that survey. Also, there will be a confusion at the west boundary of Baldwin Park. Dalewood .Avenue on the south side of the freeway terminates at the west boundary f the City of West Covina. Garvey Avenue exists on the north side of the freeway:, If someone were travelling on Garvey Avenue east in Baldwin Park they would arrive at the West boundary of West Covina and find Northside Drive and also find that Garvey Avenue exists on the south side of the freeway. I don't know if Baldwin Park intends to change their names or not. That would involve changes on both sides of the freeway for them. 12 — CITY COUNCIL Page Thirteen HEARINGS: PROPOSED.GARVEY AVENUE NAME CHARGE 3/10/75 -I have had occasion over the years to be in West Covina quite a few times during construction work and I have been asked many times by motorists questions regarding directions and most of the people ask how to get on the other side of the freeway. Very few times do they ask for say 1540 when they are on our odd side, the north side of the freeway. Personnel at Kaiser Permanente will •advise that this is not a problem with them. Further* people are usually educated to the fact that.the north side of the road is the odd number and the south side of the road is the even number. In a study of the name change from 1963 to now, in several of the proposals we found through the history of the Council meetings, etc., one proposal is to change the name of Garvey Avenue on the south side of the freeway to Holt Avenue or some other name; others have suggested changing it on the north side as it is being proposed now, and others have suggested changing it on both sides, in fairness to everyone involved. Another proposal, which we support, would be to add north and south, which would make it West Garvey Avenue north or East Garvey Avenue south. This has been done before in other areas, one in particular is Santa Monica. (Explained) A change such as this we feel would minimize the cost and -there would be less confusion in the fact that people all of a sudden would have no problem finding an address, where they were used to going to West Garvey they would not have to find a new address on Northside Drive. Businesses could use it much like a zip code and add it on to their address or not, and in time I think they would find that if it does alleviate problems they would use it just like our zip code now and use it more and more often. Thank you. George Strachan Mr. Mayor and Council, this particular problem has Manager been going on now for many years. It was going Chamber of Commerce on when I arrived on the scene, 6 years ago audit is still a problem. The Chamber is not attempting to hurt anyone, they are trying to solve the problem that has plagued the business people as well as the residential community.. There have been several attempts, as Mr. De Pietro just pointed out, to make changes of various sorts. After several requests to try and do something to resolve the problem, a committee did give a lot of atten— tion to this and tried to come up with answers they thought would be acceptable to people on both sides of the freeway. At one time Garvey Avenue was a very important street and name and served an important purpose. It was the main street in West Covina. With the advent of the freeway this provided the problem we are now faced with and instead of being the primary street of West Covina it became a rather disjointed street on both sides of the freeway, going away and stopping, which created problems. We continued at the Chamber to get many requests. Quite often, as Mr. De Pietro said, they wouldn't ask for a number but they would ask for De Pietro Square, or the County Assessor's office. They are looking for a place more than an address but it has provided problems. So the Committee after reviewing it carefully — there were people serving on the Committee from both sides of the freeway all the way from the Stan Mar Hotel on the west end of the city to Eastland on the east end of the city and they felt the questionnairre we sent out dated January 11, 1975, indicated they tried to get it down to three changes. Eastland Drive and Northside Drive. (Explained) The results of the survey indicated the recommendations that we submitted to City Council for your consideration. • One thing I would like to point out which has been brought up twice now and that was the reason for Eastland Drive. It was the feeling on the Committee and they were unanimous in this, that Garvey Avenue does not run on the north side of the freeway actually between Citrus and Barranca, that is not a dedicated street through there, you wander through a parking lot. So it was felt we — 13 — CITY COUNCIL Page Fourteen HEARINGS: PROPOSED GARVEY-AVENUE NAME CHANGE 3/10/75 keep the name of Garvey for all dedicated streets and in that instance the only place the name would appear would be at the entrance to Eastland and we thought that would better serve the public and lessen the confusion. This is basically the reasons for the Chambers' initiating this action. We felt it would be helpful and solve a rather knotty problem. We would encourage you to give very serious •consideration to this request. Dennis De Pietro I would just like to comment on the remarks of the gentleman from the Chamber of Commerce. The argument it is still a problem. We received the history of the Garvey Avenue name change from 1963 to 1975 and it seems if it were that large of a problem it wouldn't continue 12 years without a solution. It has been our experience that it isn't a problem to our tenants. Kaiser Permanente along has a great many people daily seeking their service. For an organization like that not to have any problems would indicate the general make up of people are finding the streets to the north or south of the freeway. Also the request that the Chamber of Commerce find some alleviation wbuld.:'.be contradicted by this. Again we have a number of tenants and we have never had this problem occur. I can only add that all of our tenants. were.very much against the name change. It would be a great expense and cause confusion. It would be a simple thing to add north and south to the signs where required and nothing more would be necessary. Thank you. Andy Bagis We ask you at this time to grant this name change Manager so we may better serve the people coming into Eastland Shopping West Covina andthe merchants at Eastland Shopping Center Center. If you can we might put an end to the confusion that now exists. Thank you. • Mr. Sorich I am a new business owner in West Covina, and 200 North Grand since I am new in the area of West Covina when we applied for a business license we were not told of any such change. So in the last month I have entailed in my business quite a -bit of printing which is full color, it has cost me approximately $3,000 and that is only for approximately 6 months. So in this estimated cost for changing addresses of residents and owners of $2750 - is that for a total figure or just one? I myself in 6 months would overdo that. I have heard a lot of pros and cons about the name not sounding good and things like this. Then I think there are a lot of people that should change their names because Garvey to me is just the name of another street. If people can't locate themselves on any street whether it is north or south of the freeway they are having a problem because as stated one side is even and the other add. My business used to be located in the City of Industry on Puente Avenue. I had many people come up on the same street and they didn't know where they were, all.,they had to do was look at the addresses and if they can't tell that - - Other than that we have had many people already within the last month come to our place from all over Los,Angeles, because we do business all over the county, and they have not had too much of a problem with finding our place even due to the fact that right there we are going through construction at Pacific Avenue. So as far as people having a hard time finding a place I think if they are looking for a place they will find it. • I don't know about the other businesses in the area I only know a few people and what I have found is.that no one is in favor of it. It is an old street and most people are quite satisfied with the present name. I am opposed to the change. My business address is 1629, on the north side of Garvey. - 14 - CITY COUNCIL Page Fifteen HEARINGS: PROPOSED GARVEY AVENUE NAME CHANGE 3/10/75 Doug Holina We have the large display on the north side of Area Manager the San Bernardino Freeway. We employ 8 pools Anthony Pools there and have been there since 1966. The display is worth in the area of a quarter million dollars. I think the situation that would hurt us would be the cost involved in changing the advertising, letterhea-d, etc. 'We do around $300,000.worth of advertising per year with the name of Garvey Avenue on ON. Now I can empathize with your problem - we have thought about it a lot in the last few weeks and I could not come up with a solution other than the one mentioned by the gentleman who spoke first, that is to make it north and south addresses. People do not find our address because our display sign is so large they look for the sign. But because of the situation involved in the changing of the advertising and the cost involved, my general manager has instructed me to oppose this change. As far as the Eastland Center change this would be fine. We have opposed this change many times and I wonder how many more years we will be involved without solving the problem, but if it does come to that we will work to make the change but it does involve an appreciable invest- ment to change over. We have people from allover the world come to our display and they do find it by the sign. They do not look for north or south. We oppose this. Paul Gordon I am very much in favor of the Eastland Center 2445 East Garvey Drive part of it and as far -,as the Northside Drive I am definitely opposed to it. I own a 10 unit apartment building and all the tenants are very up in arms against it. They are more or less low income families and they just don't want to be bothered with the hassle of changing personal stationery, etc. Knight Wine We have a small beauty shop at 1629 West Garvey and I want to go on record as being against changing the name. It will cost 'me money and also cause a lot of confusion in getting any new business and also to my present customers. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. (The Mayor asked the City Attorney if the Council would decide to enter- tain some name change other than Northside Drive/Eastland Center Drive would that require another hearing - is Council limited in what it considers this evening or is it pretty broad?) Mr. Wakefield: Mr. Mayor, the City Council is not limited. The public hearing in this situation is held pursuant to a long established policy of the Council rather than any requirement that exists in law or ordinance. In order to obtain a fair cross section of the people that would be most affected City Council does give notice of a proposed name change and an opportunity such as this in which the affected businesses and individuals may be heard, but you are not limited to the names that have been advertised. (Council discussed costs involved; pointed out the Post Office would probably go along with the using the old stationery until exhausted; Councilman Chappell felt the suggestion by De Pietro of using north:,and •csouth after Garvey Avenue held a lot of merit; Council agreed on the hange to Eastland Center Drive and discussed in further detail the change to Garvey Avenue north and Garvey Avenue south. Council asked staff if they had considered this and if there is any overriding thing that Council may not be aware of that would cause them to recommend against this? Mr. Lippit, City Engineer, stated the Committee discussed many names, and north and south Garvey Avenue they felt did not sound right so was only discussed slightly but he didn't - 15 - CITY COUNCIL Page Sixteen HEARINGS: PROPOSED GARVEY=AVENUE NAME CHANGE 3/10/75 think staff would. object, and from an engineering standpoint he did not see a problem. Mr. Strachan of the Chamber of Commerce also stated he felt there would be no problem at all and thought it was a pretty good solution to the problem.) Motion by Councilman Chappell to change the name of Garvey Avenue on the Wwrthsido_.;of,!the freeway to Garvey Avenue North and on the south side of he freeway to Garvey Avenue South, with the exception of the street running in front of Eastland Shopping Center changed to Eastland Center Drive; seconded by Councilman Browne and carried. THE MAYOR CALLED FOR A RECESS OF THE COUNCIL MEETING AT 9:10 P.M. COUNCIL RECONVENED AT 9:35 P.M. PLANNED COMMUNITY DEVELOP- LOCATION: Southeast corner of Amar Road MENT NO. 1, DP #8, and Shadow Oak Drive. TT #31633 - BUTLER HOUSING/ REQUEST: Approval for a Development Plan UMARK, INC. for 154 single family lots which includes a Tentative Tract of 89 lots within the Woodside Village Planned Community Development Zone on a 45*/- acre par- cel of land; and request -.for a waiver of the front yard setback requirement for 20 units in Tentative Tract No. 31633. Refer to. Planning Commission Resolution No. 2574. Appealed by Applicant on February 24, 1975. (Proof of Publication of Notice of Public Hearing in the West Covina Tribune on February 27, 1975 received. 34 Notices Mailed.) A Negative Declaration of Environmental Impact Report was approved and accepted by the Planning Commission. The Planning Director stated this matter was reviewed by the Planning Commission at a Public Hearing last month, at which time the hearing was advertised to have a waiver of an 8' setback on the 10 lots instead •of a 22' setback. The Commission considered the request; the applicant requested 20 and the City Attorney ruled the additional un1s would be ruled by the additional advertising.. After considering the situation, the parking problems that could occur and in an effort to design out any parking problems later after the fact, the Commission approved TT 31633 and DP #8 subject to all the design standards and requirements of the PCD #1. As amended theJentative Tract and Development Plan are shown on the display board. ;Explained the situation as it relates to cars, parking, etc. Basic concerns of the Commission are outlined adequately in the copies of the minutes and staff reports which have been included in the Council's packets. Basic concern is with the 8' setback creating possibly serious parking problems even with automatic garage door openers, etc., because there is no guarantee that they would be used, consequently the Planning Commission approved the PCD Plan sub- ject to all the standards of the PCD and this matter has been appealed by the applicant for Council consideration. Mayor Shearer asked if that were the only requirement the applicant was appealing and Mr. Miller answered "yes", and the City Attorney concurred. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE APPEAL OF PCD-1 DP #89 TT #31633. IN FAVOR Dick Hunsaker (Sworn in by the City Clerk) 2301 Campus Drive I am representing Mr. Merrill Butler, •Irvine the applicant, who unfortunately through some misunderstanding as to date had a previous engagement and was unable to,break it. I attending the Planning Commission hearing along with Mr. Butler. I prepared some notes which we felt summarized our position on setbacks and came up with some graphic pictures in order to help you come to a decision. - 16 - CITY COUNCIL Page Sevente.e.n HEARINGS: PCD-1, DEP8, TT 31633 3/10/75- It originally had been our plan to give you thisinfdrmation one week in advance of the meeting tonight but through Mr. Miller's office through the City Attorney it was ruled this would be information in., addition to what the Planning Commission had so therefore we were requested to wait until tonight to present this information. It will be quite apparent when y.ou.read through this why I requested that this information be given to you one week in advance.(Presented to Council) •As stated by Mr. Miller we are in agreement with all the conditions of the Tentative Plan and PCD #8. It is our feeling that reduced setbacks to garages when properly used can be very beneficial to any planned community. We feel -in Woodside Village, which has a future zoning, it allows Varidus:,building`types and allows you to come up with a community which has many more benefits than if you went through and gave it a straight zoning, such as R-1, 7200 or R-1, 5000. You get a variation of architectural types and buildings. I do believe, as illustrated in our pictures in the booklet, that many cities have done this and that a varying in setback by isolated conditions as we requested here, in two cul-de-sacs that a shortened setback can be beneficial to the development and use of land in the most economical way. We did not request the reduced setback in the loop road that goes through our development because we felt it would not be in good planning practice and that is why we limited it to the cul-de-sacs only. They are very low volume streets. Yes, you might be taking a chance in the parking problems but we feel there are benefits that can be gained and recommend that you grant us this opportunity. (Briefly went through the information contained in the booklet presented to Council.) I would like you to entertain the thought if you find it necessary, if you would like to hold your decision over so you might be able to go out and view any of these developments personally Wwe would certainly be open to continuing the matter for a two week eriod. Of course that would be up to you. I am open for any questions. Thank you. HEARING CLOSED. COUNCIL DISCUSSION. (Individual Councilmen asked questions which were answered; Councilman Browne pointed out that one of the things lacking in development requirements is the provision for recreational vehicles and it is becoming more or a problem as time goes on; in this instance the applicant asking for a variance on the setback this would place the homeowner in the situation if he had a recreational vehicle of having to park it on the street - 8' would not accommodate an automobile legally..) Councilman Browne: In going through Woodside Village and checking out the existing developments you would find out that about 60% of the people have their garages so full of surplus items that they can't even get one car in the garage. I think we are just creating an enforcement problem for the Police Department. I think the safety factor has been well explained. I think we are going to have to require developers to provide additional parking areas for recreational vehicles and these driveways as planned by the applicant certainly would not accommodate. I am against a variance of this type because we are just compounding a situation that we have in the City. And I don't see where we should even consider fretting a precedence in this instance. (Councilman Chappell said in the original development of the Bren pro- ject this concept was mentioned by them and in a tour he came back in opposition to that shortened area. Many homes in the city have four cars so I don't see how we can in good conscience allow this type of variance to be passed. Council agreed.) - 17 - CITY COUNCIL HEARINGS: PCD-1. DEP #8. TT 31633 Page `.Zighteen: 3/10/75 Motion by Councilman Browne to deny the appeal in the case of the PCD NO. 10 DP NO. B; seconded by Councilman Tice and carried. Motion by Councilman .Tice to approve Tentative Tract No. 31633; seconded by Councilman Browne and carried. GENERAL PLAN AMENDMENT NO. B LOCATIONS: AREA I: Bounded on the north •EITY INITIATED east by Merced Avenue, on the southeast by Sunset Avenue, on the northwest by Trojan Way, and on the southwest by the southerly line of Lots B through 14, Tract No. 23971. REQUEST: Approval for a change of land Use designation from "Office" to "Low -Medium" and "Medium Density Residential" and "Office". AREA II: Bounded on the northwest by Orange Avenue, on the south by Walnut Creek Channel, and on the northeast by the northerly line of Lots 32 through 44, Tract No. 15063. REQUEST: Approval of a Change of Land Use designation from "Medium" Density Residential and "Parks" to -"Low Medium" Density Residential. Recommended by Planning Commission Resolution No. 2577. (Proof of Publication of Notice of Public Hearing in the West Covina Tribune on February 27, 1975 received. No mailed notices) Mr. Miller: Mr. Mayor and members of Council, in the middle Planning Director of 1974 the City Council was given a request to purchase some property located on Orange Avenue north of Merced, which was shown as a potential park addition. After review by the Recreation and Parks Commission it was determined that this land was not needed for park expansion, it Would be very difficult to use, the matter was then referred to the Planning Commission by City Council for the appropriate change in the General Plan to permit the use of the land pursuant to State Law. In addition the Planning Commission received a request to consider a General Plan Amendment in the vicinity of the south side of Merced, west side of Sunset, a consideration to change some office professional classification to multi -family classification. Staff has reviewed the situation, prepared the appropriate documents, including the EIR and submitted to the Commission. On February 5 they conducted a public hearing and in their Resolution 2577 recommended approval of General Plan amendment 1975-2. . Basically what this does is the property on Orange Avenue is proposed to be changed from park, and an area allowing up to 25 units per acre to allow 4.4 and 14.9 to the acre. That whole tract would then be in conformance with what is there now and permit the development of the property to a use that would be compatible with that area. The second area within the General Plan Amend- ment on the west side of Sunset, south of Pierced, the lower two-thirds would be changed to allow up to 25 units per acre (MF-20) and the re- maining one-third around the service station would remain in 0-P. Given the demand for office uses in this area, medical facilities, and with the construction of Roos -Loos and the efforts on the part of the City through its Redevelopment Agency as well as city staff to ncourage office development in the downtown area and more centralize the location for new offices the staff and the Planning Commission concurred with the General Plan Amendment. This recommendation is now referred to Council for your consideration. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 8 - CITY INITIATED. THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. - .18 - CITY COUNCIL Pa a Nineteen PUB. HEAR: GP AMENDMENT NO. 1975-2 3�10/75 Councilman Chappell voiced his objection to voting further 25 units to the acre zoning at this time, stating each time we do we have problems with apartments and 25 to the acre is more than he is willing to vote for. Councilmen Tice and Miller agreed; Councilman Chappell said in regard to Area II he didn't find too much fault with that; Councilmen Tice and Miller agreed. Councilman Browne •agreed with the comments made by Councilman Chappell but asked for further elaboration on the rationale behind the change for Area I relative to the existing zoning on it, the impact of density on the area. Mr. Miller: The zoning in Area I right now, the lower third is currently zoned R-A. The middle area is zoned MF-15 and the upper third currently zoned 0-P. Basically what you are changing is the MF-15 area, the R-A area to permit density up to 25 units to the acre (MF-20). In discussing this with the City Attorney on the basis of intensity of use, it was our understanding with him that if the applicant had made a request for MF-15 or stayed within that classification no -more than 14.9 units to the acre, that the intensity of use for that is almost identical to the intensity of use of 0-P for this particular property. However, the applicant who made the request for the change from the General Plan requested the higher classification, staff gave it consideration, given the vacancy situation in the area and the goals for the city as far as dispersal of offices and the attempt to get office space within the CBD as your primary goal, we felt the classification of 25 units to the acre would be compatible and could be compatible with the adjacent land uses, to the south that has a row of single family homes that could be well protected with the standards set, if that is what they apply for. This does not mean they have to apply for MF-20'but would give them the right to and the Council does not necessarily have to accept. .Secondly, the property to the west is the high school and again the compatibility question can be provided for, therefore staff recommended to the Planning Commission and they concurred with allowing 25 units to the acre. (Councilman Chappell pointed out that his report stated this is "City Initiated" and not somebody else initiating. Mr. Miller said it was city initiated primarily because of the limitation of three General Plan Amendments in a year, and in an effort to combine factors Staff covered as much ground as possible in the Amendment. Explained the City Initiated one is for Area II and AreaA,_,wa§`upon the request of the property owner. While City Initiated the only one the city is mandatorily required to make a change one way or the other unless wanting to purchase the property is Area II. ) (Councilman Chappell stated it wasn't too long ago that Council zoned thisarea to what it is now and now we are being asked to increase the density, and he wasn't convinced that the additional density is needed along there.) Mayor Shearer: I will add my voice to those that have already stated.their feelings and spoken in opposition to Area I. Even though the matter.of zoning is not before us this evening if we vote to change the General Plan designation I think we are committed by law if an applicant comes in and wants to put in the 12 acres he could get in 300* apartments if he 0-ook advantage of the bonus. I am not sure that any member of this Council, myself included, would want to go that route. In the staff report it uses statistics about the large number of vacant offices in that area, the conclusion being that therefore we do not need any more offices. I think we could run the same type of survey on apartments in the city and come -to the same conclusion. I am in opposition to Area I and in support of Area II change. This area is already develop- - 19- CITY COUNCIL PUB. HEAR: GP AMENDMENT NO. 1975-2 Page •Twent.y 3/10/75 ed with the exception of the 2.8 acres. Motion by Councilman Chappell to leave Area I as it is and approve the recommendation on Area II. Mayor Shearer: Mr. Wakefield, a question with regard to Area I. If this motion passes then Area I stays as it is on the General Plan,the area which is Office Professional even though it is presently zoned Office/MF-15 and R—A — the whole area could it go apartments with the present zoning, the middle section that is presently zoned MF-15? Mr. Wakefield: Mr. Mayor, the City has the obligation to bring its specific zoning pattern into conformity with the General Plan; however, until that is done we really have no effective control. If the owner of the property which is now zoned for low to medium density residential comes in and applies for approval of a precise plan we would have to approve. Mayor Shearer: Would it require a General Plan Amendment since it is shown on the General Plan definitely to be office? Mr. Wakefield: It is already zoned for that particular use so it would not require an amendment to the zoning ordinance, but the obligation of the city is to bring its precise zoning into conformity with the General Plan, so if the zoning is correct we should change the General Plan. Mayor Shearer: The point I am getting at, I am wondering if we are completely rejecting... we still have a conflict even if we pass the motion as intro= •duced we still have a difference or variance between the General Plan and our zoning which presents problems. I wonder if Council can give some input as to how they would like staff or the Commission to pro— ceed in this matter to resolve the conflict rather than just repeating this and hoping they will get, it right next time. Motion died for lack of a second. Motion by Councilman Chappell to approve the Amendment to the General Plan as it applies to Area II; seconded by Councilman Tice and carried. Mr. Wakefield: Mr. Mayor and members of Council, it seems to me that if the City Council is persuaded that the General Plan should not be changed to reflect in effect the existing zoning on the property than the Planning Commission should be requested to study the zoning that is on the property and if.appropriate initiate proceedings for a change of zone. Mayor Shearer: Mr. Miller, you said we are limited to three changes per year? Mr. Wakefield: Three changes to the General Plan and the reason for that is illustrated by the problems before you tonight. If you are willing to change the General Plan then it indicates the zoning in existence on the •property at present is inappropriate. If the objective really is to make your precise zoning plan conform to the General Plan then you shouldn't be in the position of where you resolve the conflict by changing the General Plan each time that the matter comes up instead of actually cha-nging the zone to conform to the General Plan. — 20. — CITY COUNCIL Page 1werit,y-ones PUB. HEAR: GP AMENDMENT NO. 1975-2 3110175 Mayor Shearer: Can Area I be referred back to the Planning Commission perhaps with some input from Council as to our thinking and still be included as the one change and not counted as two changes? Mr. Wakefield: • General Plan until Mayor Shearer: Yes, Mr. Mayor, it could be referred back. It would mean simply that we would hold up the adoption of the formal resolution changing the there was some feedback from the Planning Commission. at the southern half low to medium, which half on the corner - coming back with the Mr. Miller: classification, City Council to choose. Without unduly committing myself until further input if the Planning Commission and staff would care to reconsider it, be receptive to looking that is presently zoned R-A and MF-15 in light of would -in--,-.effect mean MF-15, and leave the northerly office, that is a possible compromise; or even whole thing medium/low. Mr. Mayor, if I may, and the City Attorney can correct me if I am wrong, the Planning Commission has made recommendation for the medium density however I don't believe that negates the option o.f the approve the low/medium classification now, if they so Mayor Shearer: Personally I would prefer to see further input from the Planning Commission in that regard. (Council agreed) Councilman Browne:. Mr. Mayor a question - inasmuch as we are going through the updating of the General Plan through various elements and you say we are only allowed 0hree updates will this affect this that we are mandated by the State to do? Mr. Miller: Nov it would not for the reason the update we are contemplating as far as land use would not be completed until January 1, 1976, and hope- fully we would be able to handle one complete revision at the beginning of 1976 and not handle any further revisions in 1976. This year I.don't see any problem. (Mr. Miller asked to explain a bit' further) If the City Council adopted a motion to conform to the existing zoning and reading into that meaning that the area shown 0-P would be shown as 0-P on the General Plan and the area shown on zoning as MF-15 and.R-A would go to multi -family whether it be MF-15 or 25, that could be done tonight and in effect it would require the applicant to come in with a precise plan and zone change to change the R-A to MF-15, but it would give him permission to do so. But under the General Plan now he does not -have that permission. That is why I say it is within the prevue of .the Council now to adopt the General Plan Amendment with 14.9 units to the acre maximum for the lower two- thirds which is MF-15/R-A now and 0-P for the upper third which is 0-P now. So moved by Councilman Chappell, seconded by Councilman Browne. �ayor Shearer: Keep it in mind that low density does allow 15 units per acre which basically are two story apartment buildings. Councilman Browne: But they have that right now at this time to come in if they desire with a precise plan for development - so we are not changing anything. CITY COUNCIL PUB. HEARING: GP AMENDMENT NO. 1975-2 Page Twenty—two,' 3/10/75 (Mr. Wakefield agreed with the Mayor that this would avoid the conflict.; Mr. Miller asked if he had any strong reaction to this and he said "no, - I think it is consistent with the ideas staff was attempting to put for— ward.) Mayor Shearer: We now have a motion regarding Area I to amend • the General Plan to conform to the existing zoning on the property affected. Motion carried. (Councilman Chappell requested a change in the procedure of the Agenda due to the fact that there were a number of Veterans' in the audience with regard to the Veterans' Preference. Council agreed to take that item next) (City Attorney's agenda — Item E-1) VETERANS' PREFERENCE Mayor Shearer: I would like to review what the proposal from the Personnel Board is. I will read from the staff report: "It is the recommendation of the Personnel Board that the City Council amend th.e City's current ordinance regarding veteran's pre— ference by limiting the period of time following military discharge during which the preference would be offered to five years." The 5 years, according to the new ordinance, would be measured from the time of honor— able discharge from any branch of the service. There is no provision for limiting it to service during a declared war or declared emergency. The present veteran's preference has no such limitation of time. Both the present and proposed ordinance limit the giving of points to open examination only. Chairman I represent about a million and three — •Southern Region of the quarter veterans from Bakersfield south Veterans Employment Comm. to the ocean and Arizona. I hope you will give this serious consideration. This has been brought up in many cities and counties throughout the state and country. The intent of the veteran's preference provision was clearly enunciated.by the Supreme Court in 1948 and I will read: "It was felt the problems of returning veterans was particularly acute and merited special consideration. Their mode of employment and mode of life had been seriously disrupted by their service in the armed forces and it was thought they could not be expected to resume their regular activi— ties without re—employment and rehabilitation aids. President Roosevelt commented just prior to his death "the problems of readjust— ment will be difficult for all and very difficult for those who have spent months and even years in the battlefields all over the world. Surely a grateful nation will want to express its attitude in deeds as well as in words." Gentlemen, in your capacity as councilmen you have a awesome power and responsibility that goes with that power. I would as you to consider the many ramifications involved in this. It may not sound like too much to cut it down to 5 years but it does. I wrote you assuming your charter was cutting down to 5 years, I also assumed the top three go on the register and one of the top three is hired, so therefore you are not bound to hire a veteran. We can agree, most of our organizations have, that yes they should just receive a preference for the initial employment and then we do not expect it to e used as a crutch from there on in. They have to get their promo — ions on their own. The main thing this is unfair to'the young veteran. So many places, so I have been told, the reason for doing this is for them. Actually you are taking away a right from the Vietnam veterans that we had. When we came out of World War II there was no limitation on the time we had. Now if you limit it to 5 years you are taking it away from them. There are very few of us old timers coming — 22' — CITY COUNCIL VETERAN'S PREFERENCE Page Twenty4t1iree 3/10/75 in and asking for a job at the city. It is mostly the young fellow going to school part-time and working part-time. I know I have right now two going to law school and working part-time and raising families. They cannot finish in five years. Think about the young fellow drafted right out of high school, he never had a job, went directly into service, when he came back he was confused and went into a anti -vet society and kind of jumped around from job to job. I am sure some of •you did the same thing when you were 19/20 years old - it took you awhile before you settled down. Why put the limitation of five years, maybe he will get squared away in that five year period. Another consideration is the retired man. .,Many people think because he put 20 years in service he is getting $1,000 a month pension, he doesn't need a job. He does and he is the type of man that you probably need in your community. Usually you will find a man that has been that time in service is a family man, well adjusted and this is the type you want in your community, but if he spent twenty years as a chief torpedo man there aren't too many openings for a torpedo man in civilian employment. So he is going to need all the help pecan get to get another job if he has a family he can't support the family on the pension he has. And how about that young fellow with a broken body or broken mind that has spent years in the.h�ospital_.. before he can come out and seek employment? Doesn't every governmental entity owe every consideration for the man who fought for that very same government? California has the largest veteran population in the country. 88% of the population of the State lives in areas where they do have veteran's preference just the same as you do here and I would hate to see you Wiggle your way out of it. I would like to express my appreciation to allow me to speak to you tonight. Thank you. John Garris 1314 E. Puente Covina •Commander, W.C. American Legion You have all received a copy of the letter Street I sent to you - I am not going to repeat Post read the letter and American Legion with what I said. I will say the L. A. Times 790 quoted me as it.being an angry letter; it was not intended to be an angry letter but just a letter of facts and I hope you agreed that is What it was. We agree in the the Veterans' of Foreign Wars stand. I have one more item that I would like to bring to your attention which I doubt very.much that many people stop and think about and you might be surprised at what your action here might do for the national security of our great nation. I happen to be a member of the State National Security Commission and a Vice - Chairman, and this Commission is designed to insure that our govern- ment has proper weapons, planes and ships to assure that our armed forces in this country are second to none. This is to prevent an attack by foreign power or to defend in case of attack, but our Commission studied this and we feel we are number one in this category, but we do.have one more.thing - a big threat to our national security, and that is an internal threat within.th's'country.•,~ First of all we just went through the amnesty program with President Ford and this certainly left a sour taste with most veterans that served in the armed forces. Just recently in the paper the news media quoted our Senior Senator, Senator Cranston saying that he Would like to take the dishonorable discharges, the bad conduct discharges, the undesirable discharges, WWEf the Vietnam veterans who got into trouble because we put them int.o E war and make them nice guys by patting them on the wrists. Th.i.s is not fair to the thousands of young men who served in Vietnam and came back with honorable discharges. I bring this to your attention because now the City of West Covina is doing one more thing and that is attempting to take a right away from our veterans, and this is what is - 23 - ^^ . CITY COUNCIL Page Tuehty VETERAN'S3/10/75 - hurting and will hurt our national security. Even though we have the planes, ships, oto°* to defend ourselves it still takes one thing to do it and that is manpower. I ask you to think about this. What is the young person of today and tomorrow going to think about taking op arms to defend his country when he sgos,� he doesn't have to because he can be granted amnesty and patted on the back by saying we are sorry ue sent you thoro» or if he does come back endthe citizens of this country feel okay you served, forget it, you don«t deserve what your grandfather or father got. So I ask you tonight to consider this one little thought - the youth of our country and how they must feel about defending,00r coohhry in the future and if you do make your decision, and now I want to be a little sentimental and ask you to do what I asked President Ford to do when I wired him about amnesty, he ignored me and I hope you won't. I asked the President at that time when he made his decision on amnesty to please look across the Potomac and remember those in Arlington and think what they mould think about taking the rights away from veterans. Thank you. Mayor Shearer: We will now.have Council discussion and I will take the prerogative of the Mayor, normally he speaks lastr but I am th�e nno-that brought it op to -begin with and to a certain extent nou,I wish I hadn't. With all due-rospect' to the witnesses I am personally somewhat offended by the attempt to tie this in with amnesty, dishonorable discharge and anything of that nature. Perhaps e politician shouldn't may that he is offended by'i-,the statements of his constituents. I am a veteran, my father was a veteran, mounded at Argonne. Veteran's preference is not a matter of right to a veteran. I take it from some of the testimony here this evening that it was emotional and I think we have a right to be emotional when we talk about those who fought for our country and in some cases gave up 0thoir life. I have tremendous respect for that. I get the feeling that the emphasis is being placed on the person who fought and yet veteran's preference is given across the board. Our ordinance is not limited awgn in its present form to war veterans, which it was at one time in the State of California limited to. I notice also'that some cities in our immediate locality have no veteran's preference uhatever* so it in not really o matter of right. ' The only reason I brought it up was that we had a situation in the city where thore,uao an open examination, it was for o higher level 'ob» not the type of job that you would oog e torpedo man coming out from oarnlcm applying for or those without experience. It was an open oxamination» similar to an exam that might be given for e department head in our city. There were applica- tions from veterans of many yoors» obvious there was the veteran's preference given and this raised a question in my mind. One of the uitng000m pointed out the retired aituatlon ~ sure the torpedo mon there isn't much call for hlmw but I have also seen a man that was discharged, in fact I had one working for me, he was a retired full colonel in the U.S. Air Force and served admirably in World War II, but he had broad administrative experience in the air force. He came baukt retired and took o civil service oxaminationand on the basis of his broad experience and veteran's preference he received o pretty high grade, much higher than anyone else, which I am not begrudging him. I am 'omt pointing out some of the things that entered my mid Whom I asked that a study be made. I received some pretty nasty ail - not yours - in fact I received'one postcard that said I was an old rich man. Obviously I am not old and my bank book indicates I am not rich. I am not stating what my position now is but I wanted to clarify the fact that this was in no way an unpatriotic move CITY.COUNCIL Page Twenty=,five VETERAN'S PREFERENCE 3/10/75 on my part. If I was called on to serve today I would do it if they would have an old rich man. So please don't interpret what we are discussing here this evening. I have some strong feelings about amnesty and about a dishonorable discharge, perhaps not as strong as yours because I served~_'in a different era, but I think you and I would both vote the same if we were asked to vote on that particular issue. Councilman Biller: Br. Mayor, I want to tackle this as it is recommended to us, that it is a limitation of 5 years. With the short life span that I have had under the Veterans' Program at Citrus College, over 21000 now, we found that a pretty good percentage of our veterans coming back don't necessarily, come back with a lot of straight ideals or goals in mind, they come back wondering which direction to go. So in dealing with these people you find that maybe they will work part-time and go to school part-time, maybe they work for awhile and then come back to school and float around between schools. So I definitely will be opposed to the 5 year limit and also I am opposed to'any consideration of a limitation number, simply from the standpoint when you deal with a veteran he may be disabled and need a longer time to get back ibto society.. He is always playing catch up and it doesn't mean simply because he goes to school that when he gets out of school he is going to find a job, because of our present job market being so tight this puts him in a bad position. Councilman Chappell: When this was brought up I was rather sorry to have,had it brought up but not knowing the circumstances behind it I waited to see the reasoning behind it. I see nothing wrong in looking over our ordinances and reviewing them from time to time and updating and up- grading if necessary. In this instance I feel it is not necessary to change it. I didn't feel it the evening you brought it up but I wanted to find out if there were good reasons to make this change. I don't Whave statistics on how many people we have hired in the last five years hat have taken advantage of the 5 points but I rather feel it wouldn't be too sizable. A veteran is a veteran no matter how long he has been out of service and if he spends 3 or,`:4 years in service I find no fault in allowing 5 points. Councilman Tice: Mr. Mayor., going back through some of the history that gendered this I see in 1967 I seconded the motion to put in the 5 point veteran's preference when I was on the Personnel Board, and I find my feeling is the same as then. It was valid at that time and still is. Mayor Shearer: The fact that West Covina only adopted the veteran's preference in 1967 would indicate that most of the World War II ans were not in fact affected. The item of disabledveteransvwasrmentioned and I think that makes much more sense to have even a higher score for disabled veterans than an able bodied veteran such�,as myself who during the time of his service gained experience in engineering which was applicable when I came out with no injury. Our ordinance doesn't provide that, but maybe we ought to let the thing rest. May we have a motion. Councilman Chappell moved to retain the ordinance on Veteran's Prefer- ence as it is presently written; seconded by Councilman Tice and �rried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice NOES: Shearer (for reasons previously stated) ABSENT: None 2 5'- CITY COUNCIL PUBLIC HEARINGS — Continued FIRST SUPPLEMENTAL AMEND— MENT TO 1974/75 WEED AND RUBBISH ABATEMENT PROGRAM PROTEST HEARING • Mayor Shearer: City Clerk: Page Twenty—six 3/10/75 LOCATION: Various throughout the City. Set for hearing on this date for protests and/or objections from property owners. and/or other interested parties by Resolution No. 5019 adopted February 24/75. (Council reviewed Street Superintendent's report.) Madam City Clerk, do you have the Affidavit of Mailing? Yes, I do. Motion by Councilman Chappell, seconded by Councilman Tice and carried, to receive and file. Mayor Shearer: Madam City Clerk,.doyou have any written protests or objections? City Clerk: No, Mr. Mayor, but we have had a lot of returns from people that have moved and we have tried to send them on again. PUBLIC HEARING OPENED. THERE BEING NO PUBLIC TESTIMONY FOR OR AGAINST HEARING CLOSED. Motion by Councilman Chappell to authorize City Engineer to proceed with abatement of weeds and rubbish on those properties described in Resolution of Intention No. 5019; seconded by Councilman Browne and carried. CITY ATTORNEY • ORDINANCE No..1265 The City Attorney presented: INTRODUCTION and. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADOPTED WEST COVINA, CALIFORNIA, AMENDING SECTION 2101 (Urgency) OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ANNUAL ORGANIZATIONAL MEETING OF THE CITY COUNCIL." Motian by Councilman Chappell to waive full reading of said Ordinance. Seconded by Councilman Browne and carried. Mayor Shearer: Mr. Wakefield, can this be made an urgency ordinance to be effective immediately with the vote of 4 —.I don't want to serve until the end of April. Mr. Wakefield: Mr. Mayor, I think there is no Iproblem. The existing section of the orginance and the section as proposed to be amended simply provides that the Mayor shall serve at the pleasure of the City Council and if the time is now to reorganize then it is at the pleasure of the Council to proceed. There is no problem in making it an emergency ordinance other than I have to rewrite the ordinance. Mayor Shearer: I am going to recommend to my colleagues that we have this as an emergency ordinance. Seconded by Councilman Tice. No objections. Mr. Wakefield: The ordinance shall provide that it be effective immediately upon its adoption. Motion by Councilman Chappell to introduce emergency ordinance and adopt; seconded by Councilman Tice and carried on roll call vote as — 26 — CITY COUNCIL Page Twenty-seven Ord. #1265 3/10/75 follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None RESOLUTION NO. 5026 The City Attorney presented: • ADOPTED "A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA, CALIFORNIA, CONSEN.TING.TO AND REQUESTING THE BOARD OF SUPERVISORS TO APPROVE THE TRANSFER OF CERTAIN TERRITORY FROM THE - CITY OF COVINA TO THE CITY OF WEST COVINA PUR- SUANT TO THE PROVISIONS OF SECTION 35270 to 35260 OF THE GOVERNMENT CODE. (Sanborn) Motion by Councilman _BtbOne, seconded by Councilman Miller and carried, to waive further reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None RESOLUTION RE Mr. Aiassa: Mr. Mayor, a comment. I wasn't TRANSFER OF CERTAIN able to contact the City Attorney PROPERTY and I would like to.adviseCouncil that if --we adopt thib.resolution we may be some- what in conflict with .the County and the City of Covina because they have not amended their General Plan and zoning. Mr. Miller might elaborate further on this. Mr. Miller: Mr. Mayor and members of Council, the General . Plan for the City of West Covina shows this triangle piece area approximately 1 acre as very low density residential, which allows 4.3 per acre. The City of Covina is in the process of conducting public hearings on the General Plan Amendment for the Baptist Seminary that would allow development to the commercial development. They are also processing an E.I.R. Inasmuch, as our General Plan shows residential in this area and does not show any commercial I think as indicated inthe staff report it would be appropriate to withhold action on.this reso- lution until such time as the General Plan Amendment is disposed of in Covina. If the General Plan Amendment is approved in Covina and this area is added to the city's inventory I think from a legal standpoint it would be determined that it could be interpretated that this one small one acre piece is consistent with the General Plan to go commercial inasmuch as you are dealing with a much larger piece to the east of it which is a part of it. At the present time the Covina General Plan shows this as undesignated, more or less like our transitional areas in our General Plan and until classified it would be our recommendation to hold action on this. They continued their public hearing on the matter to the 17th of this month, We should know at our next meeting on March 24th exactly what the situation is, either a denial of the General Plan Amendment or approval. Mayor Shearer: What does deferring action on this item how • does this tie in with the last one? When we first talked about this I think there was an indication that there might be a package deal. The last item was the transfer of property from Covina to West Covina, which we said that is fine - now if we turn around and say we don't want to commit ourselves on this one until, will Covina turn around and say we don't want to lose our bargaining power so we are going to hold. up - what is the situation, Mr. Wakefield? Does the City of Covina have to agree with the previous one which was the Sanborn property? CITY COUNCIL Page Twenty—eight RE RES. 5027 3/10/75 Mr. Wakefield: No, Mr. Mayor, the statutory provisions which govern the procedure involved in these two transfers of property .require the consent of the City Councils of each of the affected cities. And if there is not that agreement then the proceedings can't go forward. *Mayor Shearer: Mr. Aiassa, have you been in contact with Covina on this at all as this being of mutual advantage? Mr. Aiassa: Mr. Mayor, a meeting was called.by my staff, Mr. Zimmerman and myself attended regarding the possible enlargement of Mr. Sanborn's theatre and to our knowledge the only one being considered was on Workman Avenue for annexation and deannexation. It was at the end of the meeting that Mr. Elton of Covina came up and said we would like to bring up a parcel and put it into a package deal, so if we do something for you on Workman we would like you to consider this triangle and I refused to discuss it because we were not advised that it was going to be brought up for discussion and we didn't know what the zoningwas or exact size and location. Neither myself or my staff has made a formal commitment to Covina that it was going to be a package deal. We talked to Mr. Sanborn and he says even if he can't annex to West Covina he will still proceed with his theatre enlarge— ment. He prefers to annex to West Covina. Mr. Miller's staff has analyzed the enlargement, it will meet the requirements of our City if the procedure goes through and follows the proper annexation and deannexation. Mayor Shearer: I hate to see the City Council of West Covina • get embroiled in a battle between county residents, perhaps some Covina residents and the Council taking a position here. I think we would be offended if the reverse were true. I hope this doesn't boil down to that type of situation. Councilman Browne: Mr. Mayor, could we recommend the continuance of this item until such time as the hearings are held with Covina and the County and they resolve their problems? Mayor Shearer: That would be acceptable to me if it is with the rest of the Council. Motion by Councilman Browne to continue this matter until the General Plan revision is sanctioned in Covina. Seconded by Council— man Miller. Councilman Chappell: Mr. -Mayor, I think this should be relayed to the City Council in Covina as to the reasons for us doing this and what we will do as soon as they firm up their end of it; because I can see this as the lighting of thb powder keg and �e haven't had anything like this happen between Covina and West Covina fora long time and I am not in the position because of one acre or less to start something like this off when we have been working together for so long in other •areas. We should explain our reasons for holding this over and that we are going to approve it when.the recommendations are met. We are in a tri—city merger situation on our fire department and this would only add fuel to the fire and we don't need it at this time. So if Councilman Browne's motion will not cause that powder keg to be lit I am all for it. Councilman Browne: I think the City Manager can convey -.;your concern as well as that of the Council to the City of Covina City Manager to convey to their City Council. CITY COUNCIL Page -Twenty. -nine RES. 5027 3/10/15 (Mayor Shearer pointed out if this one acre is an integral part of the development in Covina and we have people turning out here saying don't let that property go - he felt if Council is serious in letting this property go that they do it now and put the full burden of the decision on the Covina Council.) • Mr. Aiassa: Mr. Mayor, I would like to clear that point. This parcel of land is like a peninsula, they can take this piece and landscape it or put anything on it, it has no influence on making the project feasible or not feasible. It is just a small leakage. Mayor Shearer: My question is if we don't care that much why not do it now? Mr. Aiassa: If they don't succeed in following through with it we will have a transitional zone which is real complicated to their zone because we would have a problem relating their zoning to our zoning. (Mayor answered: We wouldn't have any problem if it were in the City of Covina) If it is annexed after they have the zoning the way they would like to do it then it falls into their hands as part of that part. If it goes now it goes as it is now zoned, which is not what they want and they would have to go through a rezoning perhaps. Mayor Shearer: But that is their problem. As I said I don't want to be in the middle of somebody saying don't let that one acre go because we don't like their project. Councilman Chappell: Has the .City of Covina asked us for this pro- • perty? I see no correspondence so stating. Mr. Aiassa: No, they.did not make a request until we had our meeting regarding the Sanborn property and then their City Engineer - Mr. Elton - tacked this on at the end of the meeting. We had no knowledge of it whatever. Mayor Shearer: We have a request from the.owner of the property to make the transfer much as we received the request from Mr. Sanborn to make the change on the other piece of property. It just seemed to me that if we are committing ourselves to letting the property go sometime in the future why not do it right now and avoid the problem. The motion though is to delay the action. Motion defeated; all voting "no". Councilman Chappell moved to approve the transfer of the territory listed in the City of West Covina to Covina as requested; seconded by Councilman Tice. RESOLUTION NO. 5027 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO AND REQUESTING THE BOARD OF SUPERVISORS TO APPROVE THE TRANSFER OF CERTAIN TERRITORY FROM THE CITY OF WEST COVINA TO • THE CITY OF COVINA PURSUANT TO THE PROVISIONS OF SECTION 35270 TO 35280 OF THE GOVERNMENT CODE. (Republic Development Company) Motion by Councilman Chappell, seconded by Councilman Tice and carried, to waive full reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Tice, to adopt said resolution and carried on roll call vote as follows: - 29 . - 11 CITY COUNCIL RES. NO. 5027 Page Thirty,, - 3/10/75 AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None RESOLUTION NO. 5028 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELINQUISHING AND TERMINATING -A CERTAIN COVENANT EXECUTED BY MAURICE R. CHEZ AND MRS. FLORENCE CHEZ. Motion by Councilman Tice,seconded by Councilman Chappell and carried, to waive full reading of said resolution. Motion by Councilman Tice, seconded by Councilman Chappell, to adopt said resolution. Motion carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None r RESOLUTION NO. 5029 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CLASSIFYING IDENTIFICA- TION AND COMMUNICATIONS EMPLOYEES AS PUBLIC SAFETY MEMBERS." Mr. Wakefield: Mr. Mayor and members of Council, the reason the resolution is before you stems from the memorandum of understanding which was approved last July between the City and the Miscellaneous Employee Association. One of the provisions in that memorandum was that the City would • prepare a resolution for City Council adoption that will request the State Legislature to reopen the elective period which was provided in Senate Bill 37 during 1973. What the resolution refers to is the action of the legislature which provided a period of 60 days in 1972 in which those identification and communication employees employed in Police Departments could elect to join the safety member system. At that time the employees of the City of West Covina were not employed in the Police Department, they were employed in a separate department of communications as they are today. It is my view that something more would have to be done to the statute than simply reopening the period in which .the employees might make the election in order for the employees of the City of West Covina to qualify. Mayor Shearer: And this is something we have already agreed to do - isn't it? (City Attorney said "yes".) Motion by Councilman Browne, seconded by Councilman Miller and carried, to Waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Miller to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None •CETA, TITLE VI Motion by Councilman Browne to approve the AGREEMENTS subagreement between County of Los Angeles and (Staff Report) the City of West Covina, and subagreements between the City of West Covina and (i) Mount San Antonio College, (ii) West Covina Unified School District, and (iii) Covina - Valley Unified School District, and authorize the Mayor to execute said subagreements. Seconded by Councilman Chappell and carried on roll call vote as follows: - 3'0 - - m~` CITY COUNCIL Page Thirty—one-, CETA, TITLE VI AGREEMENTS 3/l8/?G _ AYES: Brow nov Mlllory Chappell, Tice, Shearer NOES: None - ABSENT: None AJUSA UEST[RNo INC. Mr. Wakefield: Mr. Mayor and members Vs CITY OF WEST COVINA of Council, I am sorry CASE NO. 43864 to report the Dimtriot.Court of Appeals ' has decided'the action involving Azusa Western against the City° This is the action that arose out of the 1911 Act proceedings for the improvement of Barronoa Street. The City became involved as an active party defendant in that litigation when the contractor became bankrupt and the bonding company that had written the Performance Bond and the Labor and Material Bond on the., original contract and also wrote the release bond that was filed by the contractor to release certain funds that were being hold pursuant to s stop notice. The Court of Appeals indffgot affirmed the decision - of the trial court and concluded that the city was wrong in accepting a release bond executed by the same bonding company that executed the labor and material bond and affirmed the judgment of the trial court. The amount involved is just over $17v000 plus interest in an amount not yet ascertained. It is my recommendation that the City Council authorize the payment of the judgment and that we not request a hearing before the Supreme Court. Mayor Shearer: Mr. Wakefield, i this something that in paid for out of the Cityv o General Fond or is it a _ liability of the insurance carrier? Mr. Wakefield: Now it is not a,liability of the insurance carrier because it is not on action based on �N� the negligence of the City. At this point I have ���a diffioult.timg justifying the conclusion of the court, but they intorprotated the statute as simply imposing an obligation upon the City to have a separate and different bonding company and that the Cityv e failure to do that resulted in the Cityt o liability in this c000° Mayor Shearer: Don't you think e grave factor in this is the fact that mg were the only one left and that it was not so much a fault of the City? ` Mr. Wakefield: That is true. Couhoilman Chappell:. This. is not unusual to have the same bonding company to do bothv or will this change now because of this decision? Mr. Wakefield: This is going to change now booeuom of this. (Council discussed possible recourse and the City Attorney axplainedv ending op by saying the City'a chances would not be very good.) Your motion, Mr.Mayorw would be to affirm the recommendation of the City Attorney and that no further action be taken to appeal the judgment. So moved by Councilman Tice, seconded by Councilman Chappell, *Councilman Browne: Mr" Mayor, I hope we learned a lesson on this one in the double bonding situation. Isn't there some way that the City in the -future can get a financial statement on the contractor you are dealing with? Mr. Wakefield: Councilman Brounew there are two things involved. Under the existing leu» which requires that the ' -- `~ CITY COUNCIL CASE NO. 43864 Page Thirty—two,,,. 3/IO/75 City award construction contracts to the lowest r oiblo bidder we really donot hanennoohnoppo�rtunity to resolve the. financial aspect of the oontrmotor~ at"" thetime the award is made. The State has a procedure but cities are not quite that sophiot1oatgd» we usually rely lOn% on the Faithful Performance Bond as guaranting the -performance of the contractor and for that purpose we accept bonds fromoompaniao that re listed in the County Clerk'o list ofapproved bonding companies and the bonding companies have e certain rating. They are authorized to write bonds in a certain dollar amount maximum and within those limits we accept the prior determination that the bonding company is qualified to write the bond. Motion carried on roll call vote as follows: AYES: Browne, Millgrt Chappell, Tice, Shearer NOES: None ABSENT: None LEAGUE LEGISLATIVE Mr. Wakefield advised there is no action required; BULLETINS the letters were sent with reference to the two (Staff Report) matters. Motion by Councilman Browne, seconded by Councilman Miller and carried, to receive and file" ACQUISITION AND Mayor Shearer: I am going to make a request DEVELOPMENT OF on this before we get into it SUNSET SCHOOL because of the late hour. I believe if we don't take some action tonight that this precludes a bond issue in May? (Mr. Wakefield said: Yosp either a bond election or a tax rate increase election.) I don't think we are prepared to vote for either situation tonight, so I would prefer to continue this item o a time scheduled. (Councilman Browne felt o study ogaoion'uao So moved by Councilman Browogt seconded by Councilman Miller and carried. B.K.K. LANDFILL SITE Mr. Wakefield: This is an informational item. I just recently had two meet— ings with Mr. Hart preliminarily to the drafting of a proposed sublease agreement for the leasing of the B.K.K. facility from the City to the B.K.K. for operation. Ox Malveny & Meyers is in the process of drafting o proposed lease between a non— profit corporation`and the oityv they are in the process of organizing the non—profit corporation* so we have a target date for July l for the conclusion of the negotiations and hopefully the sale of the bonds necessary to acquire the property immediately thereafter. The negotia— tions are proceeding along the linos previously indicated. We felt it would not serve any purpose to come back to City Council other than on an informational basis until we had something down on paper that could be presented for staff review and ultimately presented to the City Council for consideration. This means the April termination date of the conditional use permit will need to be extended and there will be a recommendation on your next agenda. This can just be received and filed at this time. ` ' So moved by Councilman Choppgllw seconded by ouncilman Tice and carried. REPORT ON RESOLUTIONS Mr. Wakefield: Mr. Mayor and members PASSED AT SCAG MEETING of Council, you will recall City Council instructed its City Council representatives to the General Assembly of SCAG to vote against a resolution which was proposed. .The sponsorship of legislation to make SCAG a statutory ogancyo that CITY COUNCIL Page Thirty—three CITY ATTORNEY — Cont'd. 3/10/75 resolution was finally adopted by the General Assembly on a vote of 36 Ayes to 16 Noes. I think the issue is not settled yet although the resolution did provide specifically that the legislation would not provide any taxing power for SCAG but it would be dependent upon voluntary contributions as it is at the present time. Membership is .still mandatory and the legislature still has to pass the legislation. Councilman Tice: Councilman Browne and myself attended that meeting and I think the taxing situation is just a step down the road — this is just the first step and next it will be a mandatory assessment. Mr. Wakefield: There was a by—law change approved by the General Assembly. It simply clarified the circumstances underwhch the so—called division of the house between counties and cities may be called for. At the present time if there are two counties.present at the General Assembly,a county repre— sentative could call for a division of any question and it could be defeated because there was an even split between the two counties represented. An amendment to the by—laws requires that at least three counties be represented before a division can be called and 3/5ths of the cities present. So it has made the division of the house question more difficult simply because it is not always easy to get a majority of the county,..representatives present. THE MAYOR CALLED A RECESS OF THE CITY COUNCIL MEETING AT 10:40 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING FOLLOWED BY A MEETING OF THE PARKING AUTHORITY. COUNCIL RECONVENED AT 10:50 P.M. CITY MANAGER &AFETY TOWN AGREEMENTS call vote as follows: AYES: NOES: ABSENT: NON—COMMISSIONED OFFICERS ASSOCIATION re "RUN FOR THE SPECIAL OLYMPICS" (Staff Report) Motion by Councilman Chappell to approve Safety Town Agreements with the City of Ontario, City of Montclair and Ontario — Montclair School District; seconded by Councilman Miller and carried on roll Browne, Miller, Chappell, Tice, Shearer None None Councilman Tice moved approval, seconded by Councilman Miller and carried. KNORA JACKSON LETTER Motion by Councilman Chappell, seconded by Councilman Miller, to receive and file letter from Knora Jackson of 2/19/75 re access facilities to public buildings for handicapped persons. Mayor Shearer: A question. The report addresses itself primarily to city hall and public build— ings. The letter, as I recall, also addressed itself to private buildings. This report does not address itself to that question. r. Aiassa: Mr. Mayor, staff has done two things. 1 — we are tackling all public buildings and the Safety Department has contacted the County with regard to the court building and the library, and tomorrow we have a meeting with the Redevelopment Agency to notify the merchants to see that they provide provisions for the handicapped. Mayor Shearer: I am.a little confused as to the distinc— tion, if any, between public buildings and private. I would like a report that says what the obligation is 33. — CITY COUNCIL Page Thirty-four CITY MANAGER - Cont'd. 3/10/75 legally, not morally, for private buildings and what the City can do if someone comes in and builds privately without providing for the handicapped. (Councilman Tice reminded Mr..Aiassa that he had asked for a report •dealing with the updating of the Building Code in this regard and had not yet received it. Mr..Aiassa said such a report would be furnished, along with a report.answering the Mayor's question, by the next Council meeting. Councilman Browne stated Janet Williams has a communication over his signature going out to Mrs. Jackson's letter which will be in the mail in the morning explaining some of the things that transpired relative to her inquiries.) Motion by Councilman Browne, seconded by Councilman Miller and carried, to receive and file. PURCHASE OF AUTOMATED Motion by Councilman -Chappell, seconded OFFSET PRINT MACHINE by Councilman Miller, to approve of waiv- (Staff Report) ing the formal bidding process on the basis that this item is only available. from one source; and accordingly it is further recommended tha the City enter into a three (3) year lease - purchase agreement with a sixty (60) day trial period for the total amount of $19,617.99 with Bank of America for one Multigrphics total copy system model ##4150. Total amount to include sales tax and interest at 7-4% annually on the unpaid ,balance; computed payments to be $544.92 plus $160.00 for full maintenance agreement, a total of $704.92 monthly. Motion carried on roll call'vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None • ABSENT: None YELLOW CAB COMPANY (Mr. Aiassa advised no complaints or comments have been received, staff feels the request for a rate increase should be granted.) Motion by Councilman Browne, seconded by Councilman Miller, to grant the request of the Yellow Cab Company of the. San Gabriel Valley for a rate increase. Motion carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None EXTENSION OF PROVISIONAL Motion by Councilman Chappell, seconded APPOINTMENT by Councilman Tice and carried, authorizing the extension of the provi- sional appointment of Yvonne Calmes to the class of Junior Accountant to May 319 1975. INFORMATIONAL REPORTS: a) Parking of Overweight vehicles on City Streets and Private Property; b) Request of Mr. Cruz re maintenance on portion of City owned property (2/10/75); c) Covina Irrigating Co. annual stockholders meeting, 2/15/75; • d) Progress Report - UUP ##71 (B.K.K.) Motion to receive and file iterds-�bi`c ,:and,--d,�-.by Councilmah-Jice, seconded by Councilman Miller and carried. Mayor Shearer: Item a is the one that earlier this even- ing and also at our last meeting, Mrs. Musick addressed herself to and we - 34 • CITY COUNCIL Page Thirty-five CITY MANAGER - Cont'd. 3/10/75 referred to the Traffic Committee for a recommendation and report back to us. -It seems to me in the meantime the Council should take some action - Mr. Wakefield, you might advise what that action should be - to declare a moratorium as it relates to this particular location. I would not propose a moratorium that would allow the huge semi -trucks now parked on South Azusa south of Francisquito to move into the City. What do you suggest? Mr. Wakefield: Mr. Mayor, I.am certain that there have been - discussions with the Chief of Police with re- ference to this particular problem involving Mrs. Musick. I really think that is the most critical of the pro- blems presently before the City and City Council. I would think that the appropriate motion would be to request the Chief of Police not to issue any more citations to Mrs. Musick until the matter is resolved. Mayor Shearer: That would be my feeling in the matter since we have referred it to the Traffic Committee for consideration. It may be that in the ultimate we don't agree with Mrs. Musick but in the interim to continue ticketing isn't going to accomplish anything. (Councilman Tice asked if by doing this are we possibly opening it up to some one else requesting this also in the interim time and the Mayor answered - quite possibly, but the point Mrs. Musick made two weeks ago was a good one with regard to the fact.a recreational vehicle is allowed to park and even sit out on the street and the reason for this ordinance is because of weight to•protect the city streets, so there is a inconsistency in the ordinance.) • Motion by Councilman Chappell to request the Chief of Police not to issue any more citations to Mrs. Musick until this matter is resolved; seconded by Councilman Tice and carried. APPRAISAL SERVICE Motion by Councilman Browne to approve the (Staff Report) appraisal amount allocated to the Verne Cox Company; seconded by Councilman Chappell and carried .on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None VACATION Motion by Councilman Chappell, seconded by PERMISSION Councilman Browne and carried, to approve the request of Mr. Aiassa for vacation time from 3/25/75 to 4/4/75. VINCENT AVENUE Councilman Chappell: Mr. Mayor,.I was under PROJECT the impression that for a year we were going to allow a lefthand turn on Vincent Avenue turning into Wickes, the bank, the car wash and the gas station. I must have picked that up from a briefing rather than from the motion made that evening of the meeting because when I checked into it I found we had closed that turn off to start with. I would like to ask the Council's approval of allowing • that opening to exist for a year while we watch and see what happens and see if we really have the problem alleged to take place. If not, then leave it open but if the problem exists then we should close it. But in all fairness I think we should have a lefthand turn there because those are businesses that bring in sales tax revenue and we are liable to be doing something that we really don't want to do. John Lippitt Mr. Mayor and members of Council, there was an City Engineer item on the Public Works Agenda which spoke to -35 L� CITY COUNCIL Page Thirty-s-i— VINCEW AVENUE PROJECT 3/10/75 the process on Vincent Avenue. The plans will only be approved by the Council after a full public hearing. We tried to emphasize the fact that there will be plenty of times in the process where the people will have a chance to speak. Right now a draft of the-E.I.R. has been prepared which speaks to this issue. There is a meeting on Wednesday morning with all the merchants on Vincent Avenue in the immediate area to discuss the total project. The plans are not final; it is just a preliminary plan at this point, the impact should be reviewed and the Traffic Committee has not reviewed it yet or taken action on it. So it is a long way from staff point of making a final recommendation or decision. It is our intention at this time to propose that, but all the impacts will have to be studied and probably some time in April the final decision will have to be made by Council. MAYOR'S REPORTS PROCLAMATION Hearing no objections the Mayor proclaimed "Health Week" March 6/22, 1975, as community health week international. ALCOHOLISM Mayor Shearer: We have a request from the COUNCIL REQUEST Alcoholism Council of the East San Gabriel Valley and Pomona Valley to assist them in getting more funds. I interpret that as a direct request for funds from the City. I would recommend'that this request be referred to staff for a recommendation much along the same lines as our support of Hot Line. •So moved by Councilman Tice, seconded by Councilman Chappell and carried. W.C. CHAMBER OF Mayor Shearer: We have a letter from the COMMERCE REQUEST Chamber of Commerce requesting permission to sponsor the Circus. I don't understand the need for their requesting our permission? Mr. Wakefield: Mr. Mayor, it relates to the small parade they are proposing to have and they are really re- questing that the City waive the bond requirement and issuea permit.. Councilman Chappell moved approval:df`:.'the.r.equest and waiving of the fee permit; seconded by Councilman Browne and carried. CITY OF INGLEWOOD Mayor Shearer: I came across an article in a ORDINANCE newsletter that the City of Inglewood publishes, it referred to an ordinance they have relating to Property Nuisances.It caught my eye, particularly with reference to the problem we have on Michelle and other spots in the City. I wrote to the Mayor of. Inglewood and he responded with a copy of the ordinance. I would like to have this copy of the ordinance referred to staff to study it and see if perhaps there might be parts of it that might be •applied to our city in an attempt to take care of some of our re- occurring problems. I will make that as a motion. Seconded by Councilman Tice and carried. -;36- CITY COUNCIL Page Thirty-seven COUNCILMEN'S REPORTS/COMMENTS 3/10/75 (Councilman Tice commended the Tribune for carrying on the war re the Nox device - saying he felt the same way.) Councilman Chappell: At the meeting of the League of Cali- fornia Cities I was elected for a full •term as alternate to LAFCO. I was also appointed -....by the League of.California Cities to be on the National Community of Public Safety and also State Public Safety Committee. Also we were asked at the last League meeting to inform the citizens of the Dill's Bill, SB 275, and the ramif.i6ations it will have on them as individuals. So I will attempt to get this information to you before the next meeting so you can study it. The thought is the public had better be aware of what this bill is going to mean to us and the city and them as individuals if it goes through. I am not anti -employee at all because I think a' good number of employees are just as worried about the.bill as we are. The public does not know the cost and ramifications that could come with collective bargaining, compulsory arbitration and the right to strike and I think it is time to get the papers to tell our side of.the story and the citizens side of the story and then perhaps the.legislature will not be so readily in line to pass this bill as they seem.to be now. Our report at the League meeting stated the:,fabt that even the complete passage of this bill is passing away and the legislators are starting to take a second look at the huge sums of money it may"cost the State of California. So I will get the information out to you and let you study it and perhaps'we can become an information center on this bill through our local news- papers. I -am sure the Mayors of our surrounding cities will all be involved in informing their public. • Mayor Shearer: I apologize, Mayor Pro tem. I was,going to do this early in the meeting.- I congratulate you on your election to LAFCO. I might also say that we did correspond with various legislators as a -result of our meeting and I did receive response back from Senator :Deukmejian , which was on a postcard, and he indicated he didn't formally respond to mail from outside of his district other than a postcard and on the bottom he put on a P.S. I am opposed to 58275, and thanked us for our comment. APPROVAL OF DEMANDS dl047/ClO5l. Seconded by vote as follows: AYES: NOES: ABSENT: Motion by Councilman Chappell to approve Demands totalling $796,518.60 as listed.. on Demand Sheets B658A. B659A, C870-71A, Councilman Tice and carried on roll call Browne, Miller, Chappell, Tice, Shearer None None REORGANIZATION OF (Mayor Shearer relinquished the gavel to CITY COUNCIL the City Clerk to conduct the reoganiza- tion of City Council) Mayor Shearer: Mrs. Preston, I would like to place in nomination for Mayor for the 1975/76 year the name of a man that has previously •served in this capacity and brings to it more experience than the other four of us combined, having served two years - Mayor Pro tem Ken Chappell. Seconded by Councilman Browne. Councilman Tice moved that the nominations be closed; seconded by Mayor Shearer. r• .37 - `4 CITY COUNCIL REORGANIZATION OF COUNCIL City Clerk: Page Thirty-eight 3/10/75 Gentlemeh, you have three ways to go. A roll call vote, a secret ballot, or a motion to do it by acclamation. Mayor Shearer moved to elect Councilman Chappell as Mayor by •acclamation. Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Miller, Tice, Shearer, Chappell NOES: None ABSENT: None Councilman Chappell: Before assuming the chair, may I make the nomination for Mayor Pro tem? (Council agreed) I make the nomination of Councilman Nevin Browne as Mayor Pro tam for the coming year. Seconded by Councilman Tice. Councilman Tice moved that the nominations be closed; seconded by Councilman Miller. Councilman Tice moved to cast an unanimous ballot; seconded by Councilman Miller -and carried on roll call vote as follows: AYES: Browne, Miller, Chappell, Tice, Shearer NOES: None ABSENT: None Mayor Chappell: I would like to thank my fellow Councilmen for giving me the honor and privilege of serving as Mayor for the coming year. I know great things are in the wind for West Covina. We have our Redevelopment Project •to be completed this year. We have a tremendous amount of inquiries from people interested in our city; we have the citizens of our community participating now more than ever under the leadership of Mayor Shearer; and we have our Chamber of Commerce reactivated and participating in support of our,City. I can only see that we are on our way to doing bigger and better things and it is due to no small effort on the part of Mayor Shearer in his year that many of these situations are developing as they are. I am sure we will be proud of our City and ourselves as Councilmen that we are represent- ing the City as it moves ahead in this coming year. I congratulate our new Mayor Pro tam and at this time appoint you to handle Demands. Councilman Shearer: Mr. Mayor, I would like to ask you to take on one commitment - I think it is about time we have an understanding on the length of meetings. Mayor Chappell: I will say this that I hope the City Manager and staff will not provide us with four or five hearings at one time in the future. Actually you have had only one meeting that has gone this long. Mayor Pro tem Browne: Mr. Mayor, it is late in the evening so I won't prolong this. I just want to thank my fellow councilmen for the confidence they have placed in me. • ADJOURNMENT Motion by Councilman Miller, seconded by Council-� man Tice and carried,to adjourn meeting at 12:15 P.M. to 7:30 P.M. on March 17, 1975. APPROVAL: ATTEST: MAYOR CITY CLERK