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
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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
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