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05-12-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST,COVINA, CALIFORNIA MAY 129 1975. The regular meeting of the City Council called to order at • 7:32 P.M. in the West Covina Council Chambers by Mayor Ken Chappell. The Pledge of Allegiance was led by the Junior Girl Scout Troop 769, Shelley Adams, Polly Dedea, Lisa Maggiore, Lisa Gibbs and Dawn Millan. Councilman Gary Miller gave the invocation. ROLL CALL Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Michael Miller, Planning Director Gus Salazar, Redevelopment Coordinator Ross Bonham, Administrative Assistant Craig Meacham, Deputy Police Chief Janet Williams, Administrative Analyst Harry Thomas, Traffic Engineer John Lippitt, City Engineer Chuck Bahn, Pres., — Firemens' Assoc. Eric Cohen, Staff Reporter — Sentinel PRESENTATION BY Supervisor Schabarum: Mr. Mayor SUPERVISOR PETE SCHABARUM and gentlemen • TO CITY MANAGER of the Council, several weeks ago it was brought to my attention that your City Manager was the oldest City Manager in the area in terms of point of service. I thought for that and if for no other reason it would be appropriate to recognize his contribution(and it is truly that as far as I am concerned) to the City of West Covina, to the profession of government, and to this Valley in its entirety. I have had occasion to deal with George and through him withthe members of this Council for a number of years and I can say that George brings to his job a high degree of expertise and knowledge and a deep seated devotion to this City that has resulted in a great number of accomplishments that are not noted in other cities of like size. So for my part, and I know the Council,simply because he is here after 17 years, has shared that point of view. So in recognition I would like to present George with a resolution that was prepared recognizing that milestone which goes somewhat as follows: (Read resolution of commendation and presented to George Aiassa.) COMMENDATIONS TO Mayor Chappell: The City Council has YOUTH ADVISORY COMM. as its righthand a RETIRING MEMBERS Youth Advisory Com— mission and from time to time our Commissioners drop off because they go • away to college or become a little too old or get involved in other areas in the community. Tonight we have three plaques to award to three Commissioners that are retiring — Susan Parker, Lynn Giles and Susan Sylvia. (Plaques of commendation awarded by Mayor.) CITRUS AVENUE (At the request of Councilman Tice the Council agreed to digress from.the regular agenda and open Oral Communications at this time so those present that wished to discuss the Citrus Avenue matter with Supervisor Schabarum and the Council might do so.) CITY COUNCIL Page Two CITRUS AVENUE (Oral Communications) 5/12/75 Mary Ann Murphy Last week along with Daleen Atkins, who 2904 Farview Lane lives on Citrus Avenue in West Covina, we West Covina_ began a Committee which we will call the South Citrus Vigilante Committee. Two weeks ago Daleen and I received notice of a letter written by the County to some landowners at the end of Citrus Avenue, south end. The County requested soil tests of this property. We had heard there was a proposed roadway to go through Citrus to connect with Lemon and Walnut. The people who had lived here much longer than Daleen and I, were aware of this. We called the County and talked to people in the City and County offices and got some answers but the questions that we felt were evaded lead us to further investigation. We learned that a piece of property that had been supposedly sought after for many years at the end of Citrus had been sold. An engineer with the County told us that the County was working on this road at this time. We came to the Engineering Office in the City and were given a report, which was written in 1970. The report indicated that Citrus would be made into a 6 lane major highway. No one who lived in the area was aware of this but somehow this report had existed for 5 years. Our Committee discuss- ed the implications of this new road. It included 27,000 cars a day, 600 trucks, the demolition of homes on Citrus Avenue, the street would be widened, the South Hills Country Club would lose its golf course on both sides. We felt that we have a very special way of life here in West Covina. Our children can ride their bicycles to the park and they can walk to school. A 6 lane highway of this magnitude would be very detrimental to our way of life, and for this reason we have formed a Committee and we have names which we will submit to you today. • We would like the City of West Covina to support us in the fight against this road. What we are asking is that no road be considered. We are asking the City of West Covina to ask the County of Los Angeles to immediately stop all funding of plans for this road. The citizens that we have on our Committee, approximately one hundred individuals, are in support of this request. We do not know how to go about doing this. We are not politicians, we are not attorneys, we are housewives and mothers and chauffeurs and cooks and all that but we do not know how to go about this. We would like to ask the City Council to begin to help us by considering the fact that this road is not needed. The City Council in 1968/69 adopted a General Plan which at this point is obsolete. The population of West Covina has not grown in the way that it was estimated in this report in 1970 or in the General Plan for 1990 that the City Council adopted in 1968. Furthermore, we are concerned with the concerns of big business into the bare hills. We feel the bare hills of West Covina are one of the most beautiful places in West Covina - we would like to leave them that way. We think we need to leave them that way so, we have enough oxygen to breathe here. If you were outdoors today or plan to be tomorrow you might think of oxygen. We would like to ask Mr. Schabarum if he is aware of any work that is being done in the city right now and if he is able to suggest discontinuing any work? We do not want one more word written on a piece of paper, or one more line drawn. We do not want a road.. • We live here, we want to live.the way we do now. Thank you. Supervisor Schabarum: fir. Mayor and Council, I think I am probably as behind as anybody on this item other than the fact since Sunday I was apprised of the gathering that was conducted which Councilman Tice and Councilman Browne attended. By way of preface I think it is important to recognize there has been a Faster Plan of Highways for this County for many years. There is anidentified �tw CITY COUNCIL Page Three CITRUS AVENUE 5/12/75 center line on that Master Plan that ties the extension of Citrus with the end of Lemon Avenue and has been on that Master Plan since 1940 and as in the case of such center lines throughout the County, the most local one would be Azusa Avenue where it extends from Francisquito over to Amar, as an example, the plan has been and continues to be that as that property that falls along that center • line changes from its current rural to residential use the developer will be required to install the street improvements that are dictated as part of the Master Plan. Beyond that I am not familiar with a design study, a report if you will, that suggests or anticipates or suggests traffic volume or type of traffic. I -am not familiar with any kind of piece of material that refers to the widening of Citrus southerly or northerly of Vine Street. Beyond that I am completely in the dark. I was not up until today apprised of work being proposed or initiated by our County Engineer except that I can see that no doubt that which was initiated was to get -some of the basic engineering in hand in anticipation of some development pro- ceeding at sometime in the future. I can say without equivocation that the County at this time has no intention or interest in utilizing its own funds to provide for the improvement of Citrus Avenue; that is a fact because I happen to have some degree of influence over how road funds are allocated to the eastern portion of the County and spent, and quite candidly there are several other important road projects that are higher on the priority list than would be the extension of Citrus for which available funds would be used. That is the sum total of the story as I know it today and I would aimply leave it at that and hopefully that answers the questions that the lady has posed. • Mayor Chappell: Thank you. That would bring her up to this time and our staff has been in con- tact and we will have further information which we will provide her with as it is supplied. (Councilman Tice pointed out that Council had been given a summary of the meeting just prior to the meeting tonight, the meeting that Supervisor Schabarum referred to and that Mrs. Murphy was at.) Robert Campbell I am speaking here tonight for myself and 2549 East Evergreen my own opposition to Citrus Avenue. I have West Covina one question that I would like to put to Council and Supervisor Schabarum. First of all, for Mrs. Murphy's group - would the City of West Covina be in a position to gathering all the information pertinent at the present time on Project 22050 dated the 16th of April, 1970, called Project Report of Citrus Street to Lemon Avenue, San Bernardino Freeway to Valley Boulevard - could that information be gathered in one file and be made available to Mrs. Mmrphy's group, even if it required our purchasing the total report? Mr. Aiassa: I will check and see how voluminous it is. We will get in contact with you. Everything is of public record and so we • will make it available to you. Councilman Shearer: Mr. Aiassa - that is that portion of items that the City has which does not mean that we have everything that is on file with the County. (Answered: That is correct) - 3 - CITY COUNCIL Page Four CITRUS AVENUE 5/12/75 Mr. Campbell: The next question is to Mr. Schabarum. The same information prepared on this report that is in the hands of the County, is there a possibility that it can be put into one folder so we would have this information available to us — even if it is necessary that we pay for having the material copied. • (Supervisor Schabarum answered: Sure) Mr. Campbell: At this time I now would like to proceed with my own opposition to the widening of Citrus Avenue and the extension of it. At this time I am speaking only as a property owner very much affected. Mayor Chappell: May I interrupt you? We are nearing the time for our public hearing tonight and we do have the information presented to us and staff has been instructed to continue to follow through and we will get that information as it is available and I am sure that the City of West Covina has nothing on our docket regarding the widening of that street at all. So we are all in the dark here and your opposition has been voiced and I think at this time that should do it for us until we get further down the road. So I would like to close this portion of the Oral Communications and get started on our Public Hearings as it is now 8 o'clock. We appreciate your coming out because this is the only way we know the thinking of our public and I think you will find our City Council demonstrates a responsibility to public opinion throughout the years. We thank you all for coming to us with this. CONSENT CALENDAR e 1.. WRITTEN COMMUNICATIONS a) WEST COVINA CHAMBER OF COMMERCE b) SCRTD BOARD c) SCRTD Board d) SCRTD BOARD • e) WEST COVINA CO— ORDINATING COUNCIL Mayor Chappell explained the procedure of the Consent Calendar items and asked if there were comments on any of the follow— ing items: Requesting meeting with the City Council on Monday, May 19, 1975 at 7:30 P.M. (Refer to Mayor and City Manager for new date) Urging City Council to adopt resolution opposing SO 101 (Mills) and AB 1246 (Ingalls) re restructuring of the SCRTD by separating the Rapid Transit and Bus functions. (Refer to City Attorney & Staff) Requesting City Council to urge the authors of SB 275 to reinstate the pro— visions covering transit workers. (Refer to City Attorney and Staff) Requesting Council to endorse AB 1723 re labor provisions. (Refer to City Attorney and Staff) Requesting a letter of commendation from Council to the winner of the "Youth of the Month" program. (Con— sider under Mayor's.Agenda Item No. L— 3) (Refer to Page 19) — 4 — CITY COUNCIL Page Five CONSENT CALENDAR - Cont'd. 5/12/75 f) JOHN L. BRECHLER Request for a mail order business 1367 Brooktree Circle license. (Approve subject to City West Covina Attorney review) g) Max Rouse & Sons Requesting auction permit and license 361 So. Robertson Blvd. for a one day close out auction of all • Beverly -Hills merchandise and fixtures of West Covina Electronics, 1040 W. Garvey Ave. (Approve subject to City Attorney review) h) MULTIPLE SCLEROSIS Request to conduct a Bike-A-Thon to SOCIETY solicit funds. (Recommend approval) E.S.G.V. Chapter 2. PLANNING COMMISSION Summary of Action May 7, 1975. (Accept and file) 3. HUMAN RELATIONS COMM. Summary of Action April 24, 1975. (Accept and file) 4. ABC APPLICATIONS: Chief of Police recommends WITHDRAWAL OF, r PROTEST. a) Ronald George & Ramona Marie Crater dba 7-Eleven Food Store 2123 Raso Real 2887 E. Valley Ave. Rowland Heights, Ca. Chief of Police recommends NO PROTEST. b) The Southland Corporation dba 7-Eleven Food Store • P. 0. Box 7020 1319 W. Merced Ave. Irvine, Ca. 5. QUARTERLY WATER REPORT 3/31/75. (Receive and file) Motion by Councilman Shearer to approve the Consent Calendar items; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None APPROVAL OF MINUTES (Mayor Chappell asked for correction on Page 21 with reference to the name of the Assistant Secretary of the Army - correct spelling is .Veysey) Motion by Councilman Tice to approve Council meeting minutes of April 28, 1975, as corrected; seconded by Councilman Browne and carried. HEARINGS DRAFT ENVIRONMENTAL LOCATION: Vincent Avenue between the IMPACT REPORT San Bernardino Freeway & Walnut Creek • Vincent Avenue and Bridge - California Avenue at West California Avenue Project Covina Parkway. City of West Covina Proposed widening of the street, installation of a raised median island, and modifications of existing traffic signal systems on Vincent Avenue between the. San Bernardino Freeway and Walnut Creek Bridge; and the realignment, reconstruction.and modifications of traffic signals at the intersection of California - 5 - CITY COUNCIL Page Six HEARINGS: EIR REPORT Re Vincent & Calif. Ave. Project 5/12/75 Avenue at West Covina Parkway. Recommended by Planning Commission Resolution No. 2588. (Proof of Publication.of Notice of Public Hearing in the West Covina Tribune on May 1, 1975 received) Mr. Wakefield: Mr. Mayor and members of Council, • because this is a project proposed for city sponsorship and implementation it is necessary that a public hearing be held with reference to the Environmental Impact Report prepared for the project beforOction is taken by City Council in implementation of the project itself. In this particular matter the Planning Commission has held two public hearings on two different occasions to consider the Draft- EIR. Comments have been made to the Planning Commission with re— ference to the report and staffs comments have been prepared in response to those comments and the final EIR including the comments submitted to the Planning Commission and the staff reply to those comments is now before the City Council. If there is anyone in the audience who desires to comment further with respect to the EIR or any of the comments that have been made to it this is the time and place when those comments may be received. THERE BEING NO PUBLIC COMMENTS EITHER FOR OR AGAINST,PUBLIC HEARING CLOSED. RESOLUTION NO. 5053 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT FOR THE VINCENT AVENUE WIDENING AND THE CALIFORNIA AVENUE REALIGNMENT AND MODIFICATION PROJECT IS ADEQUATE AND IN CONFORMANCE WITH THE STATE OF CALIFORNIA ENVIRONMENTAL IMPACT REPORT GUIDELINES." • Motion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Browne to adopt said resolution; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None AWARD OF BIDS FEDERAL AID URBAN LOCATIONS: Azusa Ave., & Cortez St., PROJECT NO. M-6471 (001) Azusa Ave., & Cameron St., TRAFFIC SIGNAL MODIFICA— Azusa Ave., & Vine Ave., TIONS & INTERCONNECT Azusa Ave., & Merced Ave., INSTALLATION TS 74002 Azusa Ave., & Francisquito Azusa Ave., & Amar Rd. Bids received in the Office of the City Clerk up to 10:00 A.M., on Wednesday, May 7, 1975, and thereafter publicly opened and read. Bids received as follows: Steiny & Company, Inc. $2349000 C T & F. Inc. 2459240 • S & W Electrical Cont., Inc. 248,526 Grissom & Johnson, Inc., 250,762 Paul Gardner Corp. 2559381 Smith Electric Supply 2599985 Phoenix Electrical Service Co., 273,000 Councilman Shearer: Mr. Mayor, due to the fact that we have received a letter undated, ( I assume it was today) by a citizen CITY COUNCIL Page Seven AWARD OF BIDS: Pro_j. M-6471(001) 5/12/75 of our community who purports — and I say that not with disrespect — that he is an expert in the area of traffic signals, and without regard to whether I concur or do not concur in the series of allegations, eleven 'in number, they are quite serious, I would like to ask the question: a) has staff had time to review this matter; and b) if not, would there be any particular problem as it relates • to timing with funds, etc., and the legal awarding of the contract if they are not prepared to answer these allegations this evening a delay of two weeks to answer them? Again they may well be without basis, I don't know, but we have received this letter in writing. It is rather late in the game, with all due candor to the individual who brought it up, but if there is any truth to these, perhaps it is better late than never. Mr. Zimmerman: Mr. Mayor and members of Council, the staff has recommended this and the project has been approved by Council approximately a year ago in May. The allegations now presented were given to us about at the start of the meeting tonight. This is the first we have seen them. Staff has reviewed them and is prepared to comment on them. As far as any holdover I don't think funding would be particularly jeopardized if held over. Staff is prepared to comment on the letter, Mr. Mayor. Mayor Chappell: I think that should be done at this time. I didn't receive a copy of this. This was handed to me by Mayor Pro tem Browne — how long ago did we-jplace.our bid? Mr. Zimmerman: Council authorized the Engineer to advertise about a year ago, however, we did not advertise until about a month or six weeks ago because of the question of federal funding. As you know this project is about • 83% funded federally and those funds were not authorized until about a month or six weeks ago under the FAU program underwhich we were involved. Mayor Chappell: And we did have the bid opening on May 7th and we are just now getting this information without staff having heard of it before now. Can we go on with Staff's answers to the letter? Harry Thomas Mr. Mayor and members of the Council, Ass't. City Engineer if you will bear with me I would be and Traffic Engineer happy to answer each of these eleven City of West Covina points brought out in the letter, but I would also like to give you a little background on some of the things and work gone into the design of this particular system, and also a little bit of information on some of the problems we are now experiencing on Azusa Avenue. The system that we are specifying, at least the coordination portion of it, was designed by a Mr. Robert Dobbrell, consulting engineer, who was at that time acting on a retainer with George Nulty & Associates of San Jose. Mr. Dobbrell is an expert in the traffic signal field of some 40 years standing. He has been associated with a number of firms including Philco Ford and Singer. He was largely responsible for the development of the State Type 100 Traffic Signal Controller by Philco Ford some ten years ago, and the holder of some seventeen patents in the traffic signal area. The coordination system that he developed was based loosely on a coordination system that was developed about 5 or 6 years ago for the Type 100 Controller and this system is in use in a number of communities, most notably the City of Anaheim who has gone to it almost exclusively on new signal installations. — 7 — CITY COUNCIL Page Eight AWARD OF BIDS: Pro.j. M-6471(001) 5/12/75 The system we are proposing to use is based on some of the elements that were used in the coordination system for the Type 100 Controller but it has been adopted for a State Type 90 Controller. The coordination system was not design- ed around any existing stock or coordination unit that was marketed, • to the best of our knowledge, it was designed to be made up of state logic cards that could produc_E the desired result in the signal operation. Thus far we have one operation where this unit was installed, at Cameron and Fernwood and it was turned on in February of this year, to the same specification that was included in this job. (Went on to explain the operation of this system and the design of the proposed system in.great detail; followed by answering the eleven allegations, stating the reasons for thesystem that is to be installed.) I might reiterate again that the price -:,:_we_ got on this job was extremely favorable - $234,000 is the low bid. I might also add that Mr. Hanson is a representative of the Eagle Signal Company which is a traffic signal supplier that furnishes equipment nationwide. They have not furnished equipment on very many of our jobs. In fact only two installations in the City, at Vincent and Workman and Vincent and South Garvey, and that system was modified or removed several years ago and replaced. We had no contact at all with the Eagle Signal Company during the advertising period. They were free to call us at anytime, they had specifica- tions in hand, and as far as I know they were mailed to them. We received no calls whatsoever to indicate that there was any problem on bidding on this job. In fact we felt they would have had less of a problem than other suppliers. (Explained) All I can add is that we had that contact with other companies on this project and the interconnect system as a whole did not seem to indicate any �• problems and the system as a whole was not designed around any specific contractor°s piece of equipment. I would be happy to answer any questions, Mr. Mayor. Mayor Chappell: Are there any questions? I think you answered those questions adequately and if I were quizzed on this I would say that you must have had these questions for sometime to be able to answer them in the depth you went into them - I am certainly convinced that the recommendations staff made to award the contract to the low bidder is adequate. You did a good job having had these questions only tonight. Councilman Shearer, do you have anymore questions or doubts of the acceptance of this bid this evening? Councilman Shearer: No, Mr. Mayor. I would like to make a comment or two. I think from the presentation we just had it does indicate the complexity of the problem and if anyone on the Council really fully understood every- thing Mr. Thomas said, see me afterwards! I think it is a very technical area, and as laymen it is an area that we -have to take the word of staff and consultant on, just as we take the advice of our City Attorney. We hired a consultant some many months ago and he prepared this proposal for us and I think for that reason even though there is some disagreement- and this reminds a little bit of the Motorola problem we had a few months back where we had two companies talking about communication equipment and so forth. I would recommend that we award the bid to the low bidder - Steiny and Company, Inc., of Los Angeles, and I would make that as a motion. Seconded by Councilman Browne. CITY COUNCIL Page Nine AWARD OF BIDS: Proj. M-6471(001) 5/12/75 Councilman Miller: Mr. Mayor, I would like to say to you with'the complexity here I appreciate these questions and the way staff -,answered them - I think this is what helps to solidify our entire operation in trying to get the information out in both directions. • Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None Motion by Councilman Tice, seconded by Councilman Browne and carried, to authorize the Mayor and City Clerk to execute an agreement with the contractor for the work upon approval of the apparent low bid by the Federal Highway Administration. BID NO. 75-88 Bids were received in the Office of FURNISHING RADIO the Purchasing Agent up to 10:00 A.M., COMMUNICATIONS BASE on Wednesday, May 7, 1975, and there - STATIONS after publicly opened and read. Bids received as follows: Motorola Communications & Electronics El Segundo, Ca. $59550 R.C.A. Communications Systems Div. Hollywood, Ca. $5,186.25 Motion by Councilman Browne to award Bid No. 75-88 to the R.C.A. Corporation/Communications System Division for a total cost of $59497.43, including tax and installation; seconded by Mayor Chappell and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell' NOES: None • ABSENT: None PUBLIC WORKS TRACT NO. 23211 LOCATION: Merced and Van Horn Avenues. VANGUARD BUILDERS REQUEST by developer for participation in street project. (Council reviewed Engineer's report) (.Mr. Zimmerman stated the ad hoc committee met with the developer and discussed this matter at length as stated in the written report, and he could only add that Mr. Scott, President of Vanguard Builders, contrary to his statement in the letter is going ahead with the paving on his portion of the road.) (Councilman Tice asked if the estimate of $1800 is still a firm estimate; Mr. Zimmerman said yes, the portion the City is asked to handle would be $1800 and hopefully that would be paid for in conjunction with the adjacent property.) Mr. Aiassa: Mr. Mayor - there were also two other items added. One was when the City Attorney drafted the agreement that there be some kind of a lien or control on the undeveloped property of Temple Shalom so we do not have the same problem as we did -on another cul-de-sac street where two individuals were involved and the City was left holding the bag. I do not want to see that happen again with city funds. Motion by Councilman Tice that .the City and the Temple enter into an agreement whereby the.City would advance the funds and be reimbursed at such time as the property to the rear is developed; seconded by Councilman Browne. CITY COUNCIL Page Ten TRACT NO. 23211 5/12/75 Councilman Shearer: Mr. Mayor, one question. The staff report indicates that the developer has already installed curb and gutter on both sides of the street - is that correct? (Mr. Zimmerman answered: "Yes, it was done under the mistaken impression that it • would be paid for by the owners to the east; however he did not have a firm agreement to this and the Temple indicates it was not able to fund it. However since he has already installed it he agreed to leave it, and the letter from Vanguard Builders did not include a request for compensation for the curbs and gutters. ) Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PROJECT NO. SP-75006 LOCATION: Vincent Avenue Bridge APPROVE PLANS AND widening across Walnut Creek Channel. SPECIFICATIONS (Council reviewed Engineer's report) Motion by Councilman Browne to approve plans and specifications, and authorize the City Engineer to call for bids for the Vincent Avenue Bridge Widening over Walnut Creek Channel subject to the approval of plans and specifications by the Los Angeles County Flood Control District and the U. S. Corps of Engineers; seconded by Councilman Tice and carried. PROJECT NO. SP-75006 LOCATION: Vincent Avenue between INITIATE CONDEMNATION San Bernardino Freeway and Walnut ACTIONS Creek Channel. (Council reviewed Engineer's report) . RESOLUTION NO. 5054 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY OR INTERESTS IN PROPERTY FOR PUBLIC STREET AND HIGHWAY PURPOSES. (Vincent Avenue Widening and Improvement Project) Mr. Wakefield: Mr. Mayor and members of Council, there are ten parcels of property that are in private ownership the acquisition of which is necessary for the Vincent Avenue Widening Project. This resolution if adopted by the City Council will authorize the filing of condemnation actions to acquire any of these parcels that cannot be negotiated and acquired cooperatively between the City and the property owners and will permit the obtaining of an Order of Immediate Possession so the contract can be awarded and the work proceed in the scheduled time. Motion by Councilman Tice to waive further reading of said resolution; seconded by Councilman Shearer and carried. Motion by Councilman Tice to adopt said resolution; seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell . NOES: None ABSENT: None ORAL COMMUNICATIONS (REOPENED) Ronald Crater Mr. Mayor, I must have misunderstood when you 2123 Raso Real went through the Consent Calendar items - I am Rowland Heights referring to the ABC applications. - 10 - CITY COUNCIL ORAL COMMUNICATIONS Page Eleven 5/12/75 (Mayor Chappell explained that the Chief of Police withdrew his opposition and is now recommending that it be approved, so if the ABC goes along with it, Mr. Crater will be receiving his license.) Mr. Crater: And will this letter be sent to Sacramento? • (Mayor answered: Yes) Mr. Wakefield: The City will address a communication to the ABC formally withdrawing its protest so that will permit the Board to proceed in its regular way in determing issuance of licenses. (Mr. Crater thanked the Council saying he appreciated very much that he will be allowed to operate a business in the community saying "I will certainly try and contribute something even if it is only sponsoring a Little League or something of that kind." Councilman Shearer advised hims the wife of the President of the Little League was in the audience and he might talk with her in that regard.) THE MAYOR CALLED A RECESS AT 8:52 P.M. COUNCIL RECONVENED AT 9:05 P.M. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING PART 2.5 TO CHAPTER 6 OF ARTICLE IV OF THE WEST COVINA MUNICIPAL CODE, RELATING TO NOISE." Mr. Wakefield: Mr. Mayor and members of Council, the -proposed • ordinance is designed to provide a machinery through which the Police Department may control neighborhood disturbances in lieu of the provisions which were formerly in Penal Code Section 415, which related to the disturbing of the peace and which was used regularly by the Police Department for controlling unwarranted and unnecessary noise in residential areas. That section of the Penal Code has now been amended so it is not available for that purpose any longer. The proposed ordinance is simply an attempt to provide a viable substitute for the control of neighborhood noise. Councilman Tice: Mr. Mayor, I have a couple of questions - I believe I was the one that started this. Really what_I had in mind was some type of a Nuisance Ordinance but perhaps this will do it. Would it be more difficult to enforce a Nuisance Ordinance than a Noise Ordinance where you have to measure decibels and so forth? Mr. Wakefield: There really is only one reason for including the decibel standard as part of the ordinance and that is to provide some sort of objective standard in determining whether or not there is a disturbance. There are ordinances on the books, there are state laws which prohibit so called public nuisances, that is the creation of a disturbance which annoys or disturbs any substantial number of persons in a community constitutes a public nuisance. But those kinds of cases are difficult to prosecute simply because it gets down to the point of where it is one neighbor's opinion versus that of another. My personal feeling is if you have some standard against which the amount of noise that is being created can be measured you have a more effective tool to resolve the problem. CITY COUNCIL Page Twelve CITY ATTORNEY: Ord. Introduction re Noise 5/12/75 Councilman Shearer: Mr. Mayor — resurrecting my concerns of a number of years now — Mr. Wakefield, I see two things in the ordinance. One that talks about "any loud, unnecessary or unusual noise which unreasonably disturbs the peace and quiet of any residential • neighborhood or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area." That is very subjective, and then it goes on to be very objective stating "that if the noise that is being created is more than 5 DBs. above ambient that it is presumed the noises being created are in violation." My question is do both conditions have to be satisfied in order for there to be a violation, or does the ordinance state that as long as there is a 5 decibel differential the presumption is there that there is a violation? The reason I ask that is basically the same concern I had of our previous Noise Ordinance in our previous discussion, that a normal conversation in which you and I are engaging in right now would register in excess of 5 D$s at the property line if you and I were in my back patio — would that constitute if my neighbor happened to be upset at me for my dog having barked the night before or something like that, would that automatically be a violation or would it also have to be an unusual, unreasonable and all of these other things? Mr. Wakefield: It would have to be an unusual and unreasonable noise in the first place before the section could be invoked. One of the methods that would be available to determine whether or not it was an unusual and unreason— able noise would be the measurement taken at the property line. If the noise that was being created exceeded the :ambient level the presumption would come into play...... Councilman Shearer.: That is the point in this ordinance as it was • in the other ordinance that bothers me. As I said if we were talking in my patio this would measure above 5 DBs on a decibel meter and I don't think that is the type of noise we are trying to regulate against. I hope not. We are talking about the loud music, the parties, the racing motorcycles. My air conditioner is 3' away fromthe property line and I am sure when it is on it exceeds the permissible level. I don't think that is what we are aiming for. And if it is then we run into problems of enforcement. Councilman Miller: I am for the intent that is behind this but personally I need more information in regard to the legal wording ramifications and en— forcement ramifications. I would like to see this held over until I can get more information on it. Councilman Shearer: I refer to the EIR that we received this evening, on page 14 the average house decibel — I assume when people aren't talking and children aren't arguing — is 45. The average conversation is 65 with 20 decibels. 5 decibels is not a lot. The difference between 50 and 55 can hardly be discerned by the ear, it takes a machine. I think we are leaving ourselves open to perhaps some problems, if as the City Attorney has indicated any differential . of 5 automatically presumes that the noise is unreasonable, annoy— ing, etc., That is not the case. Mr. Wakefield: This is a reoccuring kind of problem. You will remember — I guess it was your meeting of four weeks ago —there was some dis— cussion and a staff report with reference to the kind of ordinance that has been adopted by the City of Inglewood, which is a straight 12 — CITY COUNCIL Page Thirteen CITY ATTORNEY: Ord. Introduction re Noise 5/12/75 out and out nuisance ordinance. It describes in considerable detail the kinds of things that occur in the typical kind of residential neighborhood and which can be prosecuted. There were a lot of other things in the Inglewood ordinance in addition to those elements. That is one possibility. The other possibility if you follow the kind of noise ordinance which cities typically • adopt -you would have something similar to the proposal here. I don't mean to imply that this is the ultimate solution and it is possibly too simple for a specific standard which says that if the noise level at the property line exceeds the ambient nois6 - level by the specified number of decibels that is an unlawful noise and can be abated either through the civil procedures or the issuance of a citation. I think it boils down to a question of legislative policy as how best to grapple with the problem that exists bearing in mind that what we now have in state law and our ordinance really doesn't provide an effective tool for the Police Department to control the racing motorcycles, the noises that are created through the testing of automobiles in side yards and that sort of thing. Councilman Tice: Mr. Mayor. I realize this isn't the perfect ordinance and we may have to make changes but .we have nothing on the books now to help these problems and we do receive numerous calls each week regarding noises, so I would move waiving further reading of the body of the ordinance. Seconded by Councilman Browne. Motion carried. Councilmen Miller and Shearer voting "nay". Motion by Councilman Tice to introduce said ordinance; seconded by Councilman Browne and carried, with Councilmen Miller and Shearer voting "nay". PENDING LEGISLATIVE Mr. Wakefield: Mr. Mayor and members of BILLS- Council, there was attached to the staff report a League of California Cities Bulletin that contains a great many bills and recommendations for action. The month of May and through the middle of June are the last time that bills may be considered in committee in the House of Origin. So as is customary there is a great number of bills being set for legislative hearing. Most of them will be continued over beyond the initial hearing and I think if the City desires to take action there is time to do so, although some of the hearing dates are this evening and tomorrow. But of those that are currently pending which are of particular significance are a series of bills relating to employee relations beginning with AB 86 which provides for compulsory and binding arbitration for the resolution of problems affecting police and fire employees. AB 302 which re- lates to mandatory overtime pay for police and fire employees. AB 403 which mandates full salary payments for the minimum of one year for fire and police employees. All of which both the staff and the League has recommended be opposed. Mayor Chappell: Are there any questions of the City Attorney on these items? I notice we have one we are going to support - SB 839. Mr. Wakefield: Yes. This is a bill which is designed to establish a 5 year time limit upon the pre- sumption that a heart condition was related to the employment of police and fire personnel. The present case law establishes an unlimited opportunity in which.an employee may suffer a heart attack years after he has retired and they still come back and claim the presumption applies and the heart attack was - 13 - CITY COUNCIL Page Fourteen CITY ATTORNEY: Pending Legislative Bills 5/12/75 service connected. This bill is an attempt to establisha 5 year limit on the time in which the claim can be asserted and is recommended for endorsement by both the League and staff. Motion by Councilman Shearer to authorize the City Attorney to • correspond in opposition to AB 3029 403 and 86, and in support of SO 839. Seconded by Mayor Chappell and carried. THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 9:24 P.M. FOR THE PURPOSE OF CONDUCTING THE COMMUNITY REDEVELOPMENT MEETING AND THE PARKING AUTHORITY MEETING. COUNCIL RECONVENED AT 9:27 P.M. CITY MANAGER WEST COVINA DISPOSAL Mro;Wakefield: Mr. Mayor and members CONTRACT REVIEW of Council, pursuant (Staff Report) to the instructions of the Council and Staff Committee that met with the representatives of the West Covina Dis— posal Company I have prepared a new agreement between the City and the Company calling for the collection of refuse within the City for a period of time which extends the contract period to December 31, 1985. There are certain other changes made in the contract, which provides for the complete review and examination of the terms and conditions of the contract every other year and at that time either the City or the contractor may request changes and if the changes turn out to be un acceptable to either party then the con— tract can be cancelled on 60 days notice to the other party. The amount of the public liability insurance required has been increas— ed from $25,000 to $100,000 per accident and the amount of the surety bond required oftthe contractor has been increased in amount from $5, OuO to $109000. • (Councilman Tice pointed out that on the top of Page 2 of the revised contract it states that no collection shall be made prior to 6 A.M. and the first contract states prior to 7 A.M. Mr. Wakefield explained the existing ordinance on the books provides that the contractor shall not begin collections before 6 A.M. and the old contract did set a 7 o'clock time limit but the contractor has advised that for the last several years they have been following the ordinance rather than the contract. Councilman Tice suggested that it be changed in the contract to 6 A.M. Councilman Tice further stated on Page 3 the wording suggests that all employees engaged in the collection of rubbish, etc., shall be suitably garbed in uniforms, which he didn't think has been enforced. Mr. Aiassa advised this was checked out with Mr. Thorsen and it will be required and also fingerprinting of employees. Councilman Tice further pointed out on Page 3 at the bottom it states "reason— able care shall be used by the contractors and employees in handling all privately owned containers and all damage thereto caused by the carelessness of the contractors' employees shall be properly adjusted. with the owner." He felt that is a pretty hard thing to do, stated he has some cans at home that are pretty banged up over the years. Mr. Aiassa stated that in the past 5 years they have tried to rectify these problems, especially when they have run over lids or when people have packed them too tightly and they pop when dumped, having replaced some 35 or 40 cans. Mr. Aiassa suggested that a notice be left stating that from hereon that any damaged trash cans or left off lids that the person call City Hall; also they are going to follow the procedure of tagging when trash it left.) Councilman Tice: Mr. Mayor, Councilman Browne and I have met with the owners along with staff on the contract and I am satisfied with the contract. — 14 — CITY COUNCIL Page Fifteen CITY MANAGER: W.C. Disposal Contract 5/12/75 Councilman Browne: Mr. Mayor, relative to our meetings; we pretty well screened the contract with some revisions suggested.• I still have a further concern on Page 7, item 10. We have upped the amount of the surety bond from $5,000 to $10,000 and it states in this • paragraph if the contractor should default the City would take over his trucks and operate the collection and removal of rubbish, etc., throughout the City for a period of 90 days. In case of a for— feiture caused by a Federal _or State Agency on non—payment of taxes that could tie up that equipment up to where the City couldn't touch it. Would a $10,000 bond be sufficient to cover the City until such time as arrangements could be made by another contractor, recognizing the fact that rates are constantly going up and that we possibly enjoy one of the lowest in the Valley area based upon our research and comparisons — I question whether the $10,000 is sufficient to handle that if the State were to tie this up? Mr. Wakefield: Mr. Mayor and members of Council, the surety bond is really designed to pro— vide an opportunity for the City to go out on an emergency basis and arrange for the collection of rubbish by another contractor and the $10,000 is intended to provide for whatever differential might be involved between the rates which the current contractor has authorized to collect and what a new contract— or would do the work for. It really isn't intended to provide a means of the City going out and acquiring its own equipment and getting into the rubbish collection business on its own. I think Councilman Browne is quite correct, if the contractor were to go bankrupt or run into difficulty with the payment of taxes that his business would be tied up to the point where the City could not make any effective use of it. That i•s why the two possibilities are provided for in the contract. The surety bond will let us go • out and hire another contractor on an emergency basis or to use the contractor's equipment and run the service ourselves until we can get somebody else to do it. Councilman Browne: My only concern was that knowing that these rubbish disposal companies use their equipment to maximum and it would take considerable length of time to acquire another company to handle the needs of another city and it places an exceptional burden on someone and takes probably the lead time of a year or year and a half to acquire the special type of equipment required — and this was indicated by our contractor as one of the reasons why they wanted to extend the contract so they would more or less have a collateral type arrangement with the bank so they could borrow on the future for renewing equipment. So I just question whether the $10,000 would tide us over in case of a dire emergency. Of course we would be forced to enact increased rates under an emergency ordinance but I would rather not do this if we could possibly get away from it. If the balance of the Council feels $10,000 is sufficient I will go along with it. The other question I have, using the contractor's equipment it says that there will be an inspection — and we talked about this — and I think -it should be inserted that there will be an inspection by both the contractor and a responsible representative of the City so the contractor cannot make unjust claims as to the condition and state of repair of the equipment when received by the City and then returned to the contractor and we would have claims for unreasonable wear and tear or accidents which took place when they had the equipment. Mr. Aiassa: I brought this up with the City Attorney; this is during the 90 day period when we take the equipment over and then turn it back. Mr. Wakefield? — 15 — • s CITY COUNCIL Page Sixteen CITY MANAGER: W.C. Disposal Contract 5/12/75 Mr. Wakefield: -Yes, Mr. Mayor, the question was raised as to what constituted a reasonable rental value for the equipment used and it was my feeling we were dealing with intangibles in terms of the equipment that might be available to a degree that we could not be anymore specific as to how the value of the use of that equipment was to be computed. Now if Council desires to have some sort of an inspection arranged for in advance of the use of the equipment both by the contractor and the City and catalogued before the City begins the use of the equipment and a similar inventory made at the conclusion of the use of the equipment that can be provided for. Councilman Shearer: Wouldn't Article 10 allow that? Mr. Wakefield: Yes. This does not preclude that at all. It doesn't spell it out but I think it is obvious that any arrange— ment of that sort which might prove acceptable at the time could be utlized by both the City and the contractor. Councilman Browne: It could be worded that an inspection mutually between contractor and the City prior to the use of the equip— ment with a check off system be utlized — or words to that effect. Because I would hate to see the City have a tab for $8,000 ram on one of these tracks that we didn't damage. Councilman Tice: In here it says something about "within 90 days the City shall return all parts and equipment to the con— tractor in as good a .condition and state of repair as when received by the City" — doesn't that imply somewhat of an inspection? Councilman Shearer: That was the point I had, that the City is going to have to implement this. I am satisfied with it as it is written, it is more of a procedure that will have to be set up at the time if we ever have to do that. Mr. Aiassa: We can insert the thinking of the Coun— cil that has been expressed at this meeting as far as the concept. Mayor Chappell had one item that I discussed with the City Attorney and that was in regard to the million dollar coverall of insur— ance. Mayor Chappell: When we had our discussion on this it was felt that a million dollar single limit coverage would probably be more adequate for city government coverage because the suits in this arena have been considerably high and we certainly don't want to have any of it floating back into our insurance company if we can get around it. I talked to Mr. Proctor on this.and he seemed to have no problem on it, he seemed to think they had it already. Mr. Wakefield: to provide that umbrella a co—insured, but he was insurance market might be million dollar coverage. Mayor Chappell: Yes, he does have an umbrella cover— age but when I discussed it with him he said.obviously they would continue coverage and the City would be named as concerned that sometime in the future the come such that they couldn't afford the But at that time and negotiate it. further detail.) he could come back {Discussed in — 16 — CITY COUNCIL CITY MANAGER: W.C. Disposal Contract Page Seventeen 5/12/75 Councilman Shearer: I am sure the Disposal Company would find a way to cover the increased cost of insurance, commonly known as a rate increase. I feel that we should change the contract and if they already have it it won't cost anymore now and if the cost of doing business goes up then we would consider that as a legitimate • expense as in any other case and possibly the granting of a rate increase. Mr. Wakefield: Mr. Mayor - if you will just instruct me to change it to single limits of one million dollars. Mayor Chappell: If there is no objection by Council we will include that in the contract. (No objection) Motion by Councilman Shearer to approve the contract with the West Covina Disposal Company including the changes that Council received attached to report plus writing the single limits to one million dollars from the present $500,000; seconded by Councilman Tice and carried. RTD TRANSIT PLAN FOR Motion by Councilman Browne to receive SAN GABRIEL VALLEY and file report.,, Motion ---'died. (Staff Report) o Councilman Shearer: Mr. Mayor, I am going to propose that we do more than receive and file. About every week or so I pick up the newspaper and I read a story that says West Covina has not yet taken action on this and the Cities of Azusa and Covina are anxiously awaiting. I think we ought to lay this thing to rest . and take a position one way or the other. My position is, for a number of reasons one of which is I haven't the faintest idea if we have enough money to run our own bus system, that we state that the City of West Covina at this time is not interested in operat- ing its own bus line nor.participating in a study to determine its feasibility. So I don't have to read that anymore that we are dragging our feet. Mr. Aiassa: Councilman Shearer, the deadline was the last day of April and after we passed the last day of April that just about closed that issue. , Councilman Shearer: In reading over the minutes of the last meeting that I was absent from I felt there was some input from Council here along the same lines - that we were not interested. So why not state it? Or did you do it? Mr. Lippitt: Councilman Shearer, the intent of this City Engineer report which I dictated oh Thursday and I was gone on Friday,which didn't include a recommendation but it was the intent that there be a recommendation that the Council authorize the Mayor to correspond to Supervisor Schabarum and other appropriate transit officials pointing out the items in this report, i.e., that we do agree with the Wilbur Smith program and we would like to try it out for a year and should that not work after a year then additional studies could be undertaken at that time if so desired by Council. Motion by Councilman Browne to direct the Mayor to respond to Supervisor Schabarum's letter in that direction; seconded by Councilman Tice and carried. - 17 - CITY COUNCIL Page Eighteen CITY MANAGER — Cont'd. 5/12/75 WEST COVINA MUSTANG Motion by Councilman Browne to receive. BASEBALL LEAGUE and file letter of the West Covina LETTER- Mustang Baseball League to Youth Base— ball Council re Edgewood High School Varsity Diamond; seconded by Councilman • Tice and carried. OLDER AMERICAN DAY Mayor Chappell stated Councilman Miller PROGRAM. attended the Older American Day Program honoring Irving Friedberg, as he had a previous commitment. Councilman Miller said it was quite an interesting event — a packed house with representatives from all over the Southern California Area — and the total bill came to $11.35. Motion by Councilman Tice to approve the expense of S11.35 re Older American Day Program honoring Irving Friedberg; seconded by Mayor Chappell and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None AUTHORIZATION FOR CITY Motion by Councilman Shearer to approve MANAGER TO ATTEND the request of the City Manager to attend MEETINGS the League of California Cities Revenue (Staff Report) and Taxation Committee on May 15, 1975, and the League of California Cities Legisla— tive Seminar for Finance Officers on May 16, 1975, expenses not to exceed S25.00; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None • INFORMATIONAL REPORTS Re Clean —Up, Paint —Up, Fix —Up Week Mayor Chappell advised Mrs. Plesko is in charge of this Committee and it is now underway, today was the first day and the Junior Women's Club members manned the phones at City Hall; help has been given by the Senior Citizens Group, West Covina Beautiful and the Coordinating Council; B.K.K. is cooperating with the residents free dumping privileges; 17,000 leaflets sent to the homes of the citizens in the community, and it is hoped that it will be as successful as previous such events. Motion by Councilman Shearer to receive and file the progress report; seconded by Councilman Miller and carried. ADJOURNED MEETINGS ON Re City Council/Redevelopment Agency MONDAY, MAY 19, 1975 Joint Meeting re Eastland Redevelopment Area — 4:30 P.M. And adjourned City Council meeting for Meet and Confer Personnel discussion with Nick Counter at 8:00 P.M. Mayor Chappell: . and we will pick out another We also had a request from the Chamber of Commerce to meet the same day, so I am going to meet with the City Manager time convenient for all. Motion by Councilman Tice moving approval of adjourned meeting dates and time; seconded by Councilman Miller and carried. CITY COUNCIL MAYOR'S REPORTS Page Nineteen 5/12/75 PROCLAMATIONS Mayor Chappell: If there are no objections by Council I will proclaim the following proclamations: "Army ROTC Week" — May 15/21/75; "National Nursing Home Week" — May 11/18/75; . "National Public Works Week!' — May 18/24/75; "National Sclerosis Fund Raising Drive" — May llth through June 15th, 1975. No objections, so proclaimed. REPORT ON JOINT Mayor Chappell: The other day the mayors MEETING RE TRI—CITY and City Managers meet for FIRE DEPT. MERGER a news question and answer session trying to clear up the air as to articles that have been appearing from time to time in the papers with alleged remarks regarding this matter. The City Managers have this project under their survelliance now and they will be putting a package together. The Controllers of the various cities involved are running the tabs on the cost of it and until they are ready to present their information to the City Councils at a public meet— ing we will just sit tight. If any of you have any questions or input you would like to make feel free to contact the City Manager. But, we certainly can't make a report that has not yet been developed and we have asked the people if they will be patient and when -we come up with answers they will hear about it. Are there any questions? I hope this ends those daily articles that have been airing in the papers for the past few weeks. COMMENDATION FOR Mayor Chappell: The Coordinating Council "YOUTH OF THE MONTH has asked us to honor a PROGRAM" a member of our Youth Advisory Commission who has been picked on the "Youth of the • Month Program" — Crystal Texiera — a very active young lady. If you look at her activities here she is certainly headed for great things. Her time is either spent -at school or in helping other people. She has not only been picked as the "Youth Of The Month" but also "Youth Of The Year". I would liketo have Council vote on a resolution of commendation for her so she can have it recognizing her as "Youth Of The Year." RESOLUTION -NO. 5055 The City Attorney Presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING CRYSTAL TEXIERA AS YOUTH OF THE YEAR." Motion by Councilman Shearer, seconded by Councilman Miller and carried, to waive full reading of said resolution. Motion by Councilman Shearer, seconded by Councilman Miller and carried on roll call vote to adopt said resolution: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None Mayor Chappell: You also see in front of you tonight the list of the Youth Commissioners,that have retired. You will note when they serve one . term or more they get a City Plaque and if they resign in the middle of the term they get a letter from the Mayor and hopefully none will ever beyterminated but if they do they will receive a notice also from the Mayor that they have been terminated. That was the procedure that was set down sometime ago and just brought to our attention because we have had a change of Council and maybe some of you were not aware of this procedure. — 19 — CITY COUNCIL Page Twenty COUNCILMEN'S REPORTS/COMMENTS 5/12/75 Councilman Shearer: Just one item,Mr. Mayor. I know there is some variance of opinion on this subject — along the line you mentioned of the Tri—City Merger we are aware that we have the request for the County Study and we requested and have received the answer of • a minimum of three months would be required to make the study. It would be my intention if I am around at that time to bring this up again when it appears we are zeroing in on a final decision. But until that time that we are on the verge of coming to a decision I would suggest that we sit tight — as you said, Mr. Mayor — until the appropriate time. (Council agreed Councilman Miller: Fir. Mayor, it has been brought to my attention by some of our citizens, and it is interesting when we do a project sometimes it presents a problem, I would like to ask staff to consider the fact that as we widened our bridges•we also darkened the underpasses. On Vincent Avenue — people have brought to my attention that when they come out of the sunlight and enter the underpass they find it to be a black dark spot for a few moments before their eyes can adjust, and this of course may lead to potential accidents. So consideration might be given to this fact regarding all underpasses and perhaps it warrants lights under the underpasses. Another area, just for information which was enlightening to me, Mr. Friedberg since he has worked with Civil Defense, advises that they do have a booklet out which shows what the procedures are in West Covina as to where the public shelters are and what to do in case of either a nuclear attack or some other type natural disaster and these books are available at our Civil Defense Office. They told me that they will in the near future be publicizing this in our local newspapers. This has been • an area I am interested in — to make sure citizens are aware in case of these types of situations. Councilman Browne: I have one.item.— Sometime back the problem arose relative to trucks parking in driveways within our City. I think their moratorium has opened the gates of the city to diesel type tractors disconnected from their trailers and parked in residential areas. Friday night at the intersection of Casa Grande and Hollencrest a diesel semi progressed up the street, having covered that intersection'a piece of concrete in the center that had apparently been undermined by the recent rains broke and now we have a deep hole in the raised portion of the asphalt. This truck proceeded up Hollencrest Drive and went into Hollencrest Circle and parked there for two days. On Friday night at Lark Ellen and Vine-- there was a diesel tractor parked on Vine Street just east of Lark Ellen and a ten ton dump truck just east of Cameron. Now if these trucks are going to continue coming into our City and rip up our streets we are going to be in worse shape than we are now. So I would suggest that we get some action on whether we are going to allow it or disallow it and start tightening up on the ordinance. Councilman Tice: Mr. Mayor, I thought the City Attorney had an assignment to check into those ordinances and bring it back to Council. Mr. Wakefield: Mr. Mayor and members of Council, there are two aspects to the problem. One involves the parking of vehicles in residential zones as such and that problem is pending before the Planning Commission for final recommendation. The other problem relates to the parking of vehicles on private property and certain — 20 — CITY COUNCIL Page Twenty—one COUNCILMEN'S REPORTS/COMMENTS 5/12/75 other streets like the frontage roads adjoining the freeway. Staff has submitted some recommendations with respect to changes in our ordinance; they are in the course of being prepared now for submission to the City Council. Mayor Chappell: How long before we get them? • Mr. Zimmerman: Mr. Mayor, we had a staff meeting on this this morning and at that time Mr. Miller stated we probably could hit the second planning meeting in June with the portion pertaining to private property and the Traffic Committee would also be able to discuss it at its June meeting — the street portion of it. Mayor Chappell: Can we lift our moratorium now and start enforcing our ordinance as we have it now? I noticed in the paper that Judge Martin threw out the charges we had for illegal parking of a vehicle. Can somebody now drive that 10 ton truck up the street and park it in their driveway anywhere in the City or is it because it is right close to an artery or a freeway? Mr. Wakefield: No — you will recall that there were a number of citations issued to Mr. & Mrs. Musich for parking the semi —trailer in their driveway. When those parking tickets came before Judge Martin he determined our ordinance was ambiguous and unenforceable and dismissed the charges. So since that time the Police Department has been waiting for whatever revisions are to be made in the ordinance and as far as I know is not enforcing it at all. Mayor Chappell: We still have an ordinance that does not allow these big trucks to move up and down the • residential streets — isn't that true? (Mr. Wakefield answered: Yes, we still have an ordinance.) Then we can enforce that ordinance prohibiting the parking of trucks and I think if there are no objections by Council we ought to lift that moratorium. I have seen a number of these big trucks parked in various sections of the City. (Mentioned several locations) I say we don't have to allow that. It is against the law. We have an ordinance, let's instruct our Police Department to enforce it. We have a moratorium and we voted on that so I say let's get a motion on the floor taking that moratorium off before we have all our streets torn up. Councilman Shearer: Mr. Mayor, it was my impression that the moratorium was on the type of situation the Musichs were in whereby the vehicle was parked on their own property. Am I incorrect? Mr. Wakefield: No, I think that is correct. (Mr. Aiassa advised that the Police are writing tickets on those on the streets and those mentioned by Councilman Browne are being looked into now. Council was satisfied if the ordinance is -being enforced on the big trucks parking on public streets.) • DEMANDS Motion by Councilman Browne to -approve Demands totalling $391,469.38 as listed on Demand Sheets C105A, B587, B591 and B66A. Seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None — 21 — CITY COUNCIL Page Twenty-two 5/12/75 ADJOURNMENT Lotion by Councilman Miller to adjourn meeting at 10:19 P.M., to May 19, 1975 at 4:30 P.M. Seconded by Councilman Browne and carried. U ATTEST: CITY CLERK • APPROVED: MAYOR - 22 -