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05-27-1975 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MAY 279 1975. The regular meeting of the City Council called to order at 7:30 P.M., by Mayor Ken Chappell in the West Covina Council Chambers. The Flag Presentation was given by Cadet Troop 700, Girl Scout members: Diane Krause, Christina Wong, Melinda Wong, Denise Cannon, Shelly Warnick, Penny Hunt. The invocation was given by the Reverend Lawrence Cole of the Community Presbyterian Church. oni i rni i Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Gloria Davidson, Deputy City Clerk George Zimmerman, Public Service Dir., Leonard Eliot, Controller Michael Diller, Planning Director John Lipp Iitt City Engineer Gus Salazar, Redevelopment Coordinator Janet Williams, Administrative Analyst Eric Cohen, Staff Reporter — Sentinel Dark Landsbaum, Staff Reporter — ,S.G.V.D.T. APPROVAL OF MINUTES Motion by Councilman Browne, seconded by Councilman Shearer, to approve minutes of May 59 1975 and May 129 1975. Councilman Tice asked for a correction on Page 4, middle of the page, minutes of May 5th, to read: "Do you have access to Cal —Tech ....... It. Minutes approved as corrected on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None CONSENT CALENDAR 1. WRITTEN COMMUNICATIONS Mayor Chappell explained the procedure of the Consent Calendar items and asked if there were comments on any of the following items: a) METROPOLITAN TRANSPOR— Re Federal Noise Standards and Regula— TATION ENGINEERING BD. tions Resolution. (Refer to Staff) b) JEWISH WAR VETERANS OF Requesting permission to have three THE UNITED'STATES fireworks stands in the City. - (Approved in prior years. Recommend approval subject to T.U.P. Procedure) c) DISABLED AMERICAN Requesting permission to, have three VETERANS fireworks stands in the City. FRANK C. MARPE CHAPTER (Approved in prior years. Recommend 44 approval subject to T.U.P. Procedure) • • CITY COUNCTL CONSENT CALENDAR — Cont!d. d) WILLIAM A. UMMEL, PRINCIPAL TRAWEEK SCHOOL e) PETE SCHAB.ARUM, SUPERVISOR FIRST DISTRICT Page Two 5/27/75 Expressing appreciation for repair of sidewalk on the west side of Armel Street. (Receive and file) Expressing appreciation for response to questions regarding transportation services in the City. (Receive and file) f) LOCAL AGENCY FORMATION Re Annexation No. 221 hearing set for COMMISSION June 11, 1975 — transfer of land between Covina and West Covina — Sanborn propert (Refer to Staff for report to LAFCO� 2. PLANNING COMMISSION SUMMARY OF ACTION 3. HUMAN RELATIONS COMM. SUMMARY OF ACTION 4. YOUTH ADVISORY COMM. May 21, 1975. (Accept and file) May 22, 1975. None. No quorum present. MINUTES April 22, 1975. April'29, 1975. May 6, 1975. May 13, 1975. Adj. Mtg. Adj. Mtg. Receive (Adj. Mtg. and (Adj. Mtg. File 5. CLAIM FOF. DAMAGES FILED WITH THE CITY CLERK a) Mrs. Yvonne Trevino Jimenez, 16119 Harvest Moon St., La Puente re accident with Fire Department Van. (Deny and refer to City ;Attorney and Insurance Carrier) 6. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS PROJECT NO. 149-7503 LOCATION: Friendship Park ACCEPT IMPROVEMENTS RUDY HELLEBRANDT Accept improvements including walks, LANDSCAPE CONTRACTOR steps, trash enclosure, irrigation and landscaping, and authorize release of American Motorists Insurance Company Faithful Performance Bond No. 5SM 164 443 in the amount of $22,168.25, subject to Notice of Completion pro— cedure. (Staff recommends acceptance) PROJECT NO. 149-7504 LOCATION: Cortez Park ACCEPT IMPROVEMENTS COLLINS CONSTRUCTION Accept improvements including curb, COMPANY gutter, aggregate base, asphaltic paving, trash enclosure, posts, irrigation and landscaping, and authorize release of Fidelity and Deposit Company of Maryland Faithful Performance Bond No. 8879358 in the amount of $34,551.07, subject to Notice of Comple— tion procedure. (Staff recommends acceptance.) 7. TRAFFIC COMMITTEE May 20, 1975. (Accept and file) MINUTES — 2 — U N CITY COUNCIL CONSENT C:ILENDAR — Cont'd_ B. CITY TREASURER Page Three 5/27/75 Report for Month of April, 1975. (Receive and file) Motion by Councilman Sheerer to approve Consent Calendar items 1 through B; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PUBLIC WORKS 1974-75 SECOND SUPPLEMENTAL Location: Various throughout the City. WEED & RUBBISH ABATEMENT (Council reviewed Street Superinten— PROGRAM dent's Report) RESOLUTION NO. 5059 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION OF.INTENTION NO..4915 BY .APPROVING THE SECOND SUPPLEMENTAL WEED AND RUBBISH ABATEMENT LIST." (Setting hearing of protests Monday, June 9, 1975, at B:00 P.M.) Motion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Tice to adopt said resolution; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Biller, Browne, Tice, Chappell NOES: None ABSENT: None PROJECTS TS 75005 and Location: California Avenue at West SP 75006 Covina Parkway; Vincent Avenue/San APPROVE PLANS AND Bernardino Freeway to Walnut Creek Wash. SPECIFICATIONS — (Council reviewed Engineer's report) VINCENT AVENUE WIDENING Motion by Councilman Browne to approve plans and specifications and authorize City Engineer to call for bids; seconded by Councilman Tice. Mayor Chappell pointed out that staff approval is with the turn closed and if no one is objecting to the closing of the lefthand turn he would; asked Mr. Zimmerman to give a brief rundown on the situation. Mr. Zimmerman: Mr. Mayor and members of Council, the staff in reviewing the matter and following the further review of it based on the recommendations of our Traffic Consultant for the CBD to close the opening on West Covina Parkway only. He has recommended that it either be closed or if Council would like to have it open that it be left open only for the southbound move— ment to eastbound on West Covina Parkway and that be done on a modified b,�sis for one year only to see whether or not it will cause confusion. Staff does not feel this will cause any serious accident potential; however, there is a chance that with the heavily increased traffic there will be a backup if the opening is left open. (Explained congestion that might be caused.) - 3 — CITY COUNCIL Page Four PUBLIC WKS: TS75005, SP75006 5/27/75 This congestion would happen from time to time, not constantly and that is the reason the recommendation was made ti-iat the median be closed. However, if Cnuncil should decide otherwise we would recommend that it be on a trial basis for one year only and to be closed sooner • if accidents should show up grafter than we anticipate. Councilman Browne: Mr. Mayor, I will modify my request for approval. It was my understanding at the last study session we had on the Vincent Avenue project that the left turn gap eastbound would be left open for one year or until the traffic detrimental factor became apparent and at such time it would be brought back to Council for reconsideration. Under those conditions I woulL' recommend that the City Council approve the plans and specifica— tion for Projects TS 75005 and SP 75006 leaving the left turn median open for eastbound traffic only under the conditions brought forth and authorize the City -Engineer to call for bids. Councilman Tice seconded the modified motion. Councilman Shearer: Mr. Mayor. I feel this is an in— appropriate move•on the part of the Council. I will state my reasons. The City is anticipating spending roughly a half million dollars in this area to improve the ability to carry traffic. Double left turn lanes, etc., as brought about by the construction of the West Covina Shopping Plaza. That is a considerable amount of money and then right in the middle of it, due to whatever reasons, we are proposing to take away from the ability of this project, reduce somewhat the increased capacity to give a more direct travelled road to a very few people and in such case possibly reducing the capacity that we are spending a half million dollars. to get, plus, as staff has stated, the possibility of rear end collisions because of the storage capacity being inadequate to cover the demand. Now I realize that there are some businesses _ who say we will be hurt by this, but there are a number of others along Vincent that also stand to be hurt. So really if we want to take this approach we better not put a median in any where and completely ruin the increased capacity. Southbound traffic on Vincent will have a very free and safe either left turn or u turn situation at West Covina Parkway, at most it would be• probably five or six hundred feet of travel but it would increase the safety considerably. We have done this very same thing over the protests of merchants at the Ellis Development at the corner of Sunset and West Covina Parkway — they came in on a similar project and said "our businesses will be hurt" — we said no to them, and used the free u turn situation at Sunset and West Covina Parkway. We closed the median over the objections of the people at Michelle and Azusa some years ago. I just feel that the safety of the majority of the people using that street;., the increased capacity, and the fact that we are spending a half million dollars, far overruns the desire on the part of a few businesses to have a direct line of approach. Someone might say why not give it a try for a year — so by the same reasoning why not leave the whole Vincent Avenue project as it is for a year and maybe we will find that it is not needed and save,a half million dollars. Our staff has predicted increased traffic and also the possibility of safety and reduced capacity — so if we take them at their word to spend a half million dollars why not take their word that the other is bad? I am going to vote "no" on the motion. 4 — CITY COUNCIL PUBLIC WKS: TS 75005 and SP 75006 Page Five 5/27/75 Councilman Miller: Mr. Mayor, does this trial period of one year allow us within that period to rectify it? Say if we see a hazardous situation ,,ix months from completion can we rectify • it then? Mayor Chappell: Yes. As soon as staff feels it is that dangerous they can come to us at anytime and request us to reconsider it. As I look at this — and I am not trying to be funny — but we are widening Vincent and doing many things to move the traffic as we feel it is needed, but the one purpose of that particular district is businesses and it is not just o6e or two that feel they will be affected but many businesses along Glendora as well as on Walnut. The idea of leaving traffic through the City and allowing them to shop in Azusa or the Puente Mall just doesn't turn me on. If our traffic has to go a little slower through our City and our business section I say so be it. I voted for the closing of streets on Azusa and a couple of other places much to the chagrin of neighbors and friends, but I felt that was the thing we should be doing there — moving traffic. I don't feel it is all that important to move traffic through our business section, I believe it is important to move the traffic into our business section and allow people to do their shopping here. If we weren't really trying to accomplish that we could leave Vincent as it is right now and have probably much larger traffic jams. If in a year's time this proves to be a mistake it won't take much to rectify it, but if it doesn't prove to be a mistake and our businesses profit by it and do more business then I think that is really the goal of that area. We told the business community that this is the area where you are going to be, we are not going to let you be in residential districts, etc., so let's give them every tool we can to get their customers to their front door. That is why I am supporting the left turn lane. Councilman Shearer: Mr. Mayor, apparently you misunderstood me or I didn't make it clear. In no. way am I looking at this as an increased capacity to move traffic through the City and get them down to Puente Mall. If that were the case I think we would all be voting "no". The purpose of this is to increase circulation and safety in the business area and therefore attract people to the area so they can get in and out of the area quicker and safer. I feel if we create something that makes it more difficult 'to get into the area overall that we will discourage people from coming in and then they will go to the south, north, east and west. Mayor Chappell: If that situation prevailed then I as a Councilman would re—examine my position but until that develops and perhaps it will never develop I am willing to cast a vote to give it a year's time to see how it develops or a lesser time if I have been proven wrong. Couuc.ilman Browne: I concur with you, Mr. Mayor. It states in the staff report that the left turn volumes are not expected to increase appreciatively in the near future. So I think we should give these businessmen the opportunity to do all the business they can through the use of a left turn lane. Councilman Shearer: I don't want to belabor the point, Mr. Mayor, but that is a good point to — 5 — CITY COUNCIL PUBLIC WKS: TS 75005 and SP 75006 Page Six 5/27/75 close it on — if the left turn volumes are not sufficient to warrant it then it doesn't need to be there. Motion carried on roll call vote as follows: AYES: Miller, Browne, Tice, Chappell • NOES: Shearer ABSENT: None TRACT NO. 32580 APPROVE FINAL MAP DONALD L. BREN CO. Mr. Wakefield: final map have not yet work have not yet been to continue this matter Location: Intersection of Gemini Street and Shadow Oak Drive. Mr. Mayor and members of Council, I understand from Staff that certain of the conditions of approval of the been met, certain bonds to perform certain filed. It is the recommendation of Staff to your next regular meeting. . So moved by Councilman Miller, seconded by Councilman Browne and carried. MAINTENANCE DISTRICT Location: Portion of Woodside Village. NO. 4 — WOODSIDE VILLAGE (Council reviewed Engineer's report) RESOLUTION NO. 5060 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA$ CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 49 CHAPTEi; 1. PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972119 BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA FOR THE INSTALLATION OF LANDSCAPING AND THE MAINTENANCE THEREOF IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 1975 AND ENDING JUNE 309 1976. Motion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Miller and carried. Motion by Councilman Tice to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None CITY ATTORNEY RESOLUTION NO. 5061 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING RESOLUTION NO. 12779 RELATING TO THE COMPENSATION OF CERTAIN CLASSES OF CITY EMPLOYEES. (Civil Engineering Associate/ assigned to the Redevelopment Agency) Motion by Councilman Miller to waive full -reading of said resolution; seconded by Councilman Shearer and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Shearer and carried on roll .call vote as follows: CITY.COUNCIL Page Seven CITY ATTORNEY AGEND', 5/27/75 AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None • ORDINANCE NO. 1266 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING PART 2.5 TO CHAPTER 6 OF ARTICLE IU OF THE WEST COVINA MUNICIPAL CODE, RELATING TO NOISE. Lotion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Browne and carried. Motion by Councilman Tice to adopt said resolution; seconded by Councilman Browne. Councilman Miller: Mr. Mayor, I would like to state last time I voted "no" on the basis I needed further input. That input has been given to me and I will now concur with this. Councilman Shearer: Mr. Mayor, apparently the motion will carry a 4 to 1 vote - I want to state my reason again. I am in favor of a Noise Ordinance but as I indicated at the last meeting the adoption of this ordinance will make every citizen in West Covina a violator. It is impossible to conduct your business in your home without raising the noise level 5 decibels and as Mr. Wakefield indicated that automatically says it is a nuisance, etc. Starting a car, driving out of your driveway, normal conversation in your back yard, swimming in your pool or whatever else you do automatically makes you a violator. I recognize there are problems with noises in this coru.iunity. This is one of the provisions that was in the original noise ordinance and that we debated on this Council for quite sometime through several meetings some months ago. The final adoption was in July of 1974. This particular provision was debated at that time and taken out for this one reason. I would like to point out - and I will use Mrs. Garnett as an example because she is one that wrote and does have a problem - this will work both ways. The type of pro- blem Mrs. Garnet is complaining about is obviously caused by people who do not have much respect for their neighbors, so - yes the police will be able to go .in and possibly successfully prose- cute on the part of the District Attorney but these same people can then go around - and I know Mrs. Garnet has a teenage boy - and they can sign a complaint against Mrs. Garnet and she will be on the same charge of violation under this particular ordinance. Yes, this is something more than we have today, but I ask you gentlemen to consider if this is really what we want and that if improperly used can really get us into a problem. We have been advised before that selective enforcement of ordinances is the best way to have the whole thing thrown out. I would like to .see this given some additional study to be able to solve our problem, a legitimate noise problem, without creating those things that people come into*the Council and complain about, like Mrs. Musich did and we find we have more problems caused by our own inaction. Mr. Wakefield: Mr. Mayor and members of Council, I think obviously this is one of thm e matters with reference to which there may be differences of opinion. The principle problem arises from the fact the provisions of the Penal Code which used to provide the - 7 - CITY COUNCIL Page Eight CITY ATTORNEY AGENDA — Cont'd. 5/27/75 Police Department with an effective tool_ to control items of this ;.port which occurred within a.community, have been removed from that section so at the moment we have no effective means from a police: enforcement standpoint for dealing with neighborhood noise problems. The old s:?ction on disturbing'the peace has been sub— stantially rewritten and no longer covers the neighborhood type • of disturbance which formerly we used as an effective tool to deal with these problems. I think it is true that the thrust of the section is to prohibit those neighborhood disturbances which create unnecessary or unusual noises which are unreasonably disturbing the neighborhood. What Councilman Shearer refers to as the standard for measuring that fact is quite true, that the - ordinance contains a provision for measuring the noise level at the property line and if in fact the disturbance is loud or unusual and the noise level is exceeded by more than 5 decibels it is exceeding the noise allowed in the neighborhood. However, the gist of the ordinance and what it seeks to accomplish is that the noise is unusual in nature and unreasonably disturbing and we have tried to apply some sort of an objective standard which would enable the law enforcement officer to determine whether in fact that level has been reached. I think personally it is one of those kinds of ordinances that we may have to take another look at after it is enforced for a time. It may not accomplish what is intended,•but it is one of the few alternatives the City has. Councilman Tice: I consider this a commonsense type of ordinance. I know it is quite diffi— cult to enforce. Prior councils have studied this for quite sometime and we have nothing on the books now; it may not be perfect and we may have to revise it somewhat but I think we should have something on the books now, so I would like to move for a vote on this. Motion carried on'roll call vote as follows: AYES: Miller, Browne, Tice, Chappell NOES: Shearer ABSENT: None HEARINGS HOUSTP.i, ELEMENT OF THE The City of West Covina initiates a GENERAL PLAN — DRAFT request to adopt the Housing Element EIR — CITY OF WEST of the General Plan for the COVINA establishment of objectives, policies, and actions to guide the future pre— servation, rehabilitation and growth of the City's housing stock. Approved by Planning Commission Resolution No. 2587. (Proof of Publication of Notice of Public Hearing in the West Covina Tribune on May 15, 1975 received) Gus Salazar Mr. Mayor and members of Council, staff Redevelopment Agency has prepared a slide show which will Coordinator assist me in presenting the proposed Housing Element. Prior to getting into our slide show I would like to make alfew introductory re— marks with regard to the Housing Element. As you may recall the element was developed jointly with the Planning Department staff. In addition it was developed concurrently with the Housing Community Assistance portion of our Community Development applica— tion; so numerous actions that are in the element were also con— tained in the Housing Assistance Plan, which is basically a one year plan and which has to be developed every year if we apply for community development funds. The Planning Commission recommend::d adoption of this element on April 16 and confirmed the — 8 — CITY COUNCIL Page Nine PUBLIC HEARING: Re Housing Element 5/27/75 EIR report, which is included in your packets. (Slides shown -ind explained. - In summary, it was stated that the Housing Element is one of the nine mandated State Elements that are to be included in the General Plan. The Housing Element commits, the City to assess its housing needs and begin formulating • actions to implement policies contained in the element. It is divided into five sections: Citizens Participation; Communica- tion & Coordination; New Residential Construction; Rehabilitation; and Neighborhood Facilities. Highlights of the Element include the formulation of a Housing Advisory Committee; the development of a Citizen Participlation Plan which will assure dissemination, of information to citizens of the community; the development of a Housing Information Bank; a State of the {-lousing Report, which woulc' be an annual report; a Housing Authority Contract with development standards for the elderly and handicapped; Residen- tial Zone Analysis; Rehabilitation Loans/Subsidies Programs; and Neighborhood Improvements. Priority Actions are 1) Creation of a Housing Advisory Committee; 2) Creation of a Housing Information Bank; 3) A Housing Construction Survey; 4) Execution of the Housing Authority Agreement; and 5) Establish a Rehabilitation/Loan Program. Annual Tasks include the Housing Assistance Plan; Annual Report of the State of the Housing and a Housing Information Bank.) The Housing Advisory Committee, as it can be set up and.these are the type of agencies we would like to see involved in this Committee: Financing Institutions, various construction trades, renters, homeowners, realtors and the three departments directly involved - Building & Safety, Planning Department and the Redevelopment Agency. The Housing Advisory Committee once formulated would h6ve the task of writing the State of theHousing Report together with staff. That concludes the overview of tPie Housing Element. If there are any questions I will be happy to try and answer them. Councilman Miller: fir. Mayor, a question. On Page 21, under Actions it says that the City contract with the L.A. Housing Authority to provide rent subsidies and new housing for the elderly and low income people in the City - I was just wondering if the handicapped people shouldn't also be included in that statement, unless that was just figured in. Mr. Salazar: Yes, in fact most of the senior citizens housing that the County contracts includes a certain percentage that should be set aside for the handicapped and in addition they should be barrier free, which means they have to have the ramps and elevators if it is three stories or more. So the program for the elderly automatically includes the features that the handicapped would require. Mayor Chappell: You have been involved in this type of thing for sometime as I understand it - how long do you think the funds are going to be continually made available for this? Do you think it is a pie in the sky thing - we get it going because we are required to do so and then Congress because of numerous reasons decides to change the program and all we are stuck with is a big pile of paper and a lot of work on the part of the community and staff. Mr. Sa.l nzar: Mr. Mayor, Section B Housing Program which in effect is, as they say, the only game in town a-- far as lobe income iousi.nq. Trey have cut off all other housing programs anL.' • Is CITY CQI.1NCIL Page Ten Public: Hearings- Re Housing ^Element 5/27/75 they have put all their efforts into Section 8. If they eliminate tha,. one then there is no low income housing program. The feeling i.- thp.t !;his will be the program that will be used to implement cnmmuni.ty development programs. If that fails then we are all hurt. Mayor Chappell: all the motions and then gathering dust? That is the feeling you get in your travels with various government people — that we are not once again going through find it actually sitting on the shelf Mr. Salazar: The money now being allocated to housing is being done through Section 8 and obviously'that is not enough for the need but whatever money is available is being allocated to that program. If they cut out that program they will probably come up with another one. Unfortunately when the programs get two or three: years old and you get the nicks out of it they eliminate them;this section 8 that is the one they are banking on. I have heard a lot of comments that it is not going to work, that it is not attractive to the private owner who has to be a part of this program because he is the one that is renting his units, if he doesn't do his part by taking part in this program then you don't have a housing program. So there is a lot of question marks. All we can do is provi.dethe opportunity to provide this program in the City and if it doesn't work we have done our best and we are in conformance with the Community Development Program. Mayor Chappell: That is the thing — we have to be in conformance? (Mr. Salazar answered: Right) Councilman Browne: How does this inter —relate with the existing HUD program that is now being going to be left with phased out? I hope that we are an undetermined number of abandoned not dwellings as an aftermath. Mr. Salazar: No, the existing programs will continue until they are phased out. As an example we have a Section 236 Project, that will continue, that is a private ownership. It was built under a federally funded program but it is built now and it is ongoing. However., no new Section 236 programs will be allocated. And Section 8 .is not only a low income project but also a moderate income progr-tm. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON THE HOUSING ELEMENT OF THE GENERAL PLAN. THERE CLING NO PUBLIC TESTIMONY FOR OR AGAINST PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Shearer: Mr. Mayor, I have two comments. One somewhat serious and the other one somewhat factious. I will make the factious one first. On Page 31, Item 39under the Guidelines of Low and Moderate Income Housing, it says the site should not be located where residents are located to high level pollutants such as smog, etc. Does that eliminate anything in the East San Gabriel Valley from qualifying? Frankly, that is a silly statement to put in a report. I doubt that we can find,any place in this area where low and moderate income could be located without smog. Do you have an answer? Mr. Salazar: I think the key is "high levels" and what it means. Next to freeways possibly. 10 — CITY COUNCIL Page Eleven Public Hearings: Re Housing Element_ 5/27/75 Councilman Shearer: The other is merely a comment, and I would tend to agree with what was said. I wonder where all this is leading us? Somehow we embark on these programs because we have to have a • housing program — I don't know what would happen if we just flat out said our Housing Element is whatever the mi rket will hear and that's it, without; -�11 the grandiose plans and proposals for sub— sidies, etc. On Page 20 under Policies. I assume that this element has to agree with the other elements of the General Plan as to zoning, etc. No. 1 says "New multiple —family housing be encouraged for the low—income, elderly and handicapped at costs they can afford, and designed to their specialized needs." Taken at face value someone might say;.,what is wrong with that? But I looked back over the years where we had zoning controversies when we didn't have such :: General Plan, Cameron and California is one, Sunset and Francisquito was another where there was a 2:35 FHA Project and there was a lot of objection. Part of it centered around a somewhat bigoted statement: we don't want these kinds of developments in our City. Now we adopt this plan, then we are saying this is the policy of the City to encourage this. I want to make sure we are ❑ot trapped on our own policy statement in the future. No one is objecting tonight, everything is fine, but if we get n )roject that comes in on a piece of property zoned for IMF-20 and they say we want to build on these 20 acres four hundred units for low income housing this auditorium will be packed with people saying "hey, we don't want that in our community." I am not sure where we go but that is a fact of life that.we may be faced with sometime down the road. Mr. Salazar: The whole objective of the Housing Element, the State guidelines for the Housing Element which you have to follow, one of the four objectives that has to be included in the element is that you will provide adequate sites for all segments of your population. We do have low income living in the City now. I think anything that would go against that objective, and not necessarily this one, this one actually just reinforces that objective, could be in violation of the whole Housing Element. You are in effect denying housing for a certain segment of the population, unless you can make a case that we don't have any. Councilman Shearer: The question I raise is the statement "New multiple —family housing", in other words for people not living here yet. Again, we may be trapped by State and Federal laws that say you have to do this and that, but I only point out that at sometime people will be standing here and saying we don't want that development here. Mr. Salazar: I am sure it Will happen and if that happens that will be going smack against the objective of the City's Housing Element. We can say we have 'ow income living in apart— ments that are not subsidized and this will afford them an opportunity. If it is a federally subsidized program there are certain criterias applied. It is not only low income but also moderate. Councilman Shearer: Are you saying that we really have no choice? If we don't adopt a plan at least similar to this that we are in violation of the State mandated program? — 11 — 0 t CITY COUNCIL Page Twelve PUBLIC HEARINGS: RE H using f_lement 5/27/75 Mr. Salazar: If the objective is to house all seg— ments of our population and if that objective is not violated by excluding new low income hous:inq then we are okay. However, we can even get further if we exclude our multip.1c—family zoning — if you exclude that in your City you are excluding realistically any low income housing from being built because single family homes are simply notfor low,income families. We are in kind of a dilemma there. I don't know how much multiple —family zoning we have. I would tend to think it is riot very much. Councilmani Miller: If such a low housing project is pre— sented it was my understanding that this would come to the vote of the people? (fir. Salaz._�r: No. The referendum requirement is only if the City or Public Housing Authority were to build and remain the owners of it. We are talking about private developers coming in and leasing the units, not giving over to ownership but leasing to a tenant that is eligible for a subsidy. The ownership remains in the private sector. The project remains on the tax roll. It is not public housing as we know it in the past. Councilman Diller: So we could have a rent subsidy through the present apartments — have they set any quotas based on the population of the elderly, handicapped, low income, etc., as to how many units must be supported in the City? In other words the apartments at Cameron and California — would that be sufficient as to the need at this time? Mr. Salazar: No, thereare no quotas. However, if y.ou recall our Housing Assistance Plan which has already been adopted, calls out for 50 units the first year to be subsidized and if you re— call some of the figures HUD provided us as, to how many senior citizens are currently living in West Covina and paying a high percentage of their income on rent, we do have in the neighbor— hood of 300 senior citizens. However, we said we would take care of 50 in the first year under our Housing Assistance Plan. There is no quota set down. If your needs are more that would be reflected in your Housing Assistance Plan, which was designed to in effect L3sess what is needed in your community and in this case it is need that exists now. So our first year and that has been adopted by this body, is for 50 units of subsidized housing for the elderly. Councilman Miller: Can ue handle it with our current situation — without any additional apartments being built? Mr. Salazar: Us. Every elderly person right now living in West Covina and living mn a fixed income is eligible. (Explained) Councilman Browne: Basically I think .the verbage,in here is a little factious to begin with. It is a situation of mandate by,the State to h-Ave something and in a soft tone say it is encouraging rather than mandating. I can't see where this would have any effect on bringing in apartments into an existing area within the City because they still have to go through a public hearing procedure and adhere to the General Plan statistics and the zoning ordinances, so =V= CITY COUNCIL PUBLIC HEARING: Re Housing Element Page Thirteen 5/27/75 I don't think it will affect in anyway unless it would be a re — Furbishing factor. You may h;:Ive an area; that you want to re— furbish and bring up to a standard which would make this applicable for existing subsidies through the welfare department or whatever, this would help implement them into the existing premises. It doesn't essentially mean that we have to go out and build or find places for these people to live in. Mr. Salazar: If somebody finds an acre or two of vacant multiple —family zoned land J whether they are going to build for senior citizens or a higher income return is simply a market problem, this doesn't encourage anyone, all it says is if somebody does come in that they be compatible with your Housing Element. I think the alternative would be in direct violation. Councilman Tice: Councilman Shearer feels method of taking away a mandated by the State or we do need the funds to The statistics and the information you put together, Mr. Salazar, I think are excellent. I do feel somewhat like — to me this looks like just another little more local control by having it Federal Government. However, I realize do some of the things we need to do. Lotion by Councilman Tice to adopt the proposed Housing Element of the General Plan as recommended by the Planning Commission; seconded by Councilman Browne and carried on roll call.vote as follows: AYES: Shearer, Diller, Browne, Tice, Chappell NOES: None ABSENT: None Motion by Councilman Sheerer that City Council finds the Environmental Impact Report adequate and certifies same; second— ed by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None STREET VACATION Hearing of protests or objections set WOODLANE DRIVE for this date by Resolution No. 5048 PROTEST HEARING adopted April 28, 1975. (Proof of publication of Resolution No. 5046 in the West Covina Tribune May 12, 1975 received.) Staff requests hold over to City Council meeting of June 9, 1975. Motion by Councilman Shearer to hold this over to the June 9, 1975 meeting as requested by staff; seconded by Councilman Tice and carried. ORAL COMMUNICATIONS Dr. Norman Snyder,.M.D. I am here to speak on the so—called 1649 W. Garvey Avenue Doctor's Strike or what we prefer to West Covina call a Work Reduction Protest Action of the individual doctors in California. Is I represent the strategy committee of the anesthesiologists of the San Gabriel Valley from Upland to Pico Rivera and the staff of Inter—CommunityHospital and myself. I do�not represent the medical association officially. I have before me today's National Observor which state; "that California's health care crisis is — 13 — CITY COUNCIL ORAL COIMMUNICATIONS Page Fourteen 5/27/75 simpl,/ a national problem. Doctors, legislators nationwide are watching with interest and apprehension the walk out by. California physicians who are rebelling against soaring mal— practice insurance rates. The health care crisis here threatens to become even more dramatic since May 1 the anesthesiologists have refused to work in private hospitals in the San Francisco Bay area and last week the reduced medical service began spreading throughout Southern California." Now the importance of this to your Council. If already the anesthesiologists of Queen of the Valley, Inter —Community Hospital, West Covina Hospital and Hartland Hospital have shut down on elective surgery,.already this is having a financial impact on your community to the tune of I believe $150,000 a week and if it continues to a walk out of individual physicians it will have even more financial impact and also health care impact on your community. So I am here to appeal to you in your official capacity as representatives of the grass roots area of government to hear our side of the story because we do not believe that either the media, the newspapers or TV have adequately explained what this is all about. I do feel this does have an impact on you and your constituents and the economic and health of this community and I really would need 15 to 20 minutes to adequately explain it. (Council agreed to the time but asked that Dr. Snyder wait until after a short recess to be heard; Councilman Shearer pointed out there must be two sides to the story and he would like to hear the other side also.) Dr. Snyder: I believe there are several sides. We are not opposed to the hospitals or the patients, therefore we believe they are on our side, however there may be some that feel different. I believe the Trial Lawyers Association of California is opposed to us. I am not asking for a vote tonight. You can certainly hear from them at your next meeting and I am willing to meet them face to face. We are not opposed to the insurance companies, we recognize their problem. We feel that the premiums are a sympton of a basic fault in the court law system and not the problem itself. May I also say that there is some urgency here. We doctors involved in this are determined that this matter must be fully explored and final decisions made now, and we are determined to stay out until it is and this means if we do some hospitals could be in bankruptcy within four weeks and we do not wish that to happen. (The Mayor suggested that Dr. Snyder speak after the recess and that anyone else wishing to speak under Oral Communications step forward now.) Joe (Michaelson Mr. Mayor and fellow Councilmen, 1500 East Cameron it is a pleasure to bring to your West Covina attention the situation of the 'San Gabriel Valley Symphony and before asking you to put them on your budget I would like to give you a thumbnail sketch off our program. We just completed our 47th Season, a very successful. one. This organization is backed up with an association. It is a non—profit organization, nobody is paid in this organization and they are responsible to twenty—seven communities in the Valley to put on programs. We have si.f concerts a year, four at Citrus Auditorium, two at — 14 — CITY COUNCIL Page Fifteen ORAL COMMUNICATIONS 5/27/75 San Gabriel Auditorium. The program for the year also i.ncludes young artists auditions. This is a chance for the young artists who compete in classifications of piano,.inst.rumental and vocal. Just this past April a graduate from Edgewood High School won the vocal contest. Those winners receive $100 and an opportunity to play with the symphony. There is a situation over the last several years where many community orchestras have just dis— solved because of lack of funds. I learned that the L.A. County — 40% of the community orchestras are operating in the red. Somehow this will affect all of us if we don't turn every stone and find out what is under it. The musicians got a 11% increase just a few months ago and we use about 50% professional paid musicians in our orchestra. The balance are very good music students who are studying that as a profession. A family member— ship is $20 for one ticket and that ticket includes a family of two to twenty or forty, and they can come to the six concerts. That is the best buy in culture in the Valley. We obtain about 30`,%') of our budget from this source, which is about $36,000 a year. With our membership we also raise funds which amounts to about 16% of our budget. We also get a grant from the L. A. County Music and Performing Arts. Then we have some business support in the amount of 11% and last we get civic support from various cities that amounts to 7%. This is made up actually of six r:.ties: Azusa, Arcadia, Covina, El Monte,Mo'nrovia and Glendora. This past year they contributed a total of $2,000, which was a big.help. In our membership West Covina has about 10% of the total membership and yet our town of West Covina does not contribute anything as a civic entity. So I hope with this information you will consider it at budget time. In the meantime I will be glad to answer any questions if I can. Thank you for your kind attention. Mayor Chappell: Thank you for coming. We will be discussing your request at budget time. John Hoover Gentlemen, it has been some time since Director I have been before you and let you know W.C. All City Band what our City Band has been doing. At Cameron School Christmas time, December 21, the band went to El Camino College and played with nine other youth bands in a mass Christmas performance. December 24th the band performed.at the Music Center in Los Angeles in a Christmas program. We presented a small group at the dedica— tion of Gingrich Park. On March 15th the band then went to the Shrine Auditorium in Los Angeles and performed to an audience of approximately five thousand people. Each of the thirteen youth bands involved had separate performances. On March 25th the band played at Disneyland. We generally go to Disneyland once a year. Due to our program at the Shrine and our performance this year at Disneyland the Disneyland representatives asked us to participate in their Bi—Centennial activities anytime we can'afford to tour down 'there- again. On June 19th, which is coming up, the band is touring to Sacramento and Santa Cruz. On Friday we have been requested to play a concert on the west steps of the Capitol Building. On Saturday the band will represent the City,in the Miss California Pageant in Santa Cruz and after they received our information about the band they have called and requested us to. play a concert also in their Santa Cruz Band Shell. We will. be returning home on June 21. Right now, in fact this evening, a number of our band students are out desperately raising the $49000 it will take to make this trip. I would like to request the Mayor and City Council to write a letter of introduction to — 15 — ,I CITY COUNCIL ORAL COMMUNICATIONS Page Sixteen 5/27/75 present to the Governor's Office when we arrive in Sacramento. f1layor Chappell: fir. Aiassa, will you see that such a letter is prepared for my signature for the Governor. Mr. Hoover: Thank you. We have written the Governor and stated we are coming and have asked what his favorite pieces are so we can perhaps present a couple of those if we have time to prepare them. Locally, July 4th is the big day for our City Band in our City. We have the parade and then we do a concert in the park and then up to Mt. Sac for the fireworks show. Mayor Chappell: They are certainly very busy and we commend them for that. You are a better politician than some of us in getting the Governor to come out, so keep up the good work and keep West Covina's name in a positive manner. That is really what we like to hear. Councilman Miller: Mr. Mayor, I have heard them at Cameron Park and they do a fantastic job. Mayor Chappell: What are they doing to raise money today — you didn't tell us. (Advised they are selling light bulbs.) Fine, we have been out of light bulbs at my home and we are waiting for someone to come and sell us. Joanne East Mr. Mayor, my daughter is going to 1430 East Portner give each of you one of our new West Covina West Covina Parade Buttons (explained the design),, and it says "I Love a Parade in West Covina, California." We also have some buttons for L�nyone in the audience that does not have a button which we can present to them at break time. The buttons sell for 500 each, which is a part of our fund raising project. At this.time I would also like to officially unveil the trophy which is a very special one for the Bi—Centennial year. This is one of a series, it is the Betsy:Ross Flag and will be incorporated into all of our trophies for the parade this year. This is part of a series of about twenty of the different flags that have been a part of our country. So this will be a part of each of our trophies and I wanted you to see it first. Mayor Chappell: That is beautiful! Perhaps we could have that on display for a few days in our case on the first floor. (Agreed to do so.) Mrs. Nelson 2718 Glenhurst Place Mrs. Soto 2813 Glenhurst Place Mrs. Ferguson 2801 Glenhurst Place West Covina 17 Mayor,.we are here in regards to our hill. We live on a hill in West Covina and our hill is full of weeds and is not watered. We have had the Fire Department out and it is declared a fire hazard. We have talked — 16 — CITY COUNCIL Paoe Seventeen ORAL COMMUNICATIONS 5/27/75 to Mr. Thurston for a year and a half and now Mr. Lomelli under— otands our problem. They say though they can't do anything about it because they donot have any money to,'put any ground cover on which we were told at the time we bought our home that the City was going to do this for us. We are wondering now, because they told us we shouldn't come here because they were afraid our plan would backfire, but we are wondering now if you people would look into this matter so our houses do not catch on fire. We have had two. One was last night which was 200 yards away and what is below us is wild oats which are very dry at this point. They say they cannot water our hill because they have to turn them on by hand and the city doesn't have the manpower so we have requested that we turn them on and water and plant our own plants but they told us "no" to that. So would you look into this for us? Mayor Chappell We sure will. It is unfortunate that things are said in our City and other Cities to help sell a house that are not true. I am sure the City Council and the staff of West Covina did not plan on planting your hill. Mrs. Soto: There was a big thing over our hill because the City didn't want to own it and the person that was supposed to own it was the Bren Company and they don't want to own it and they gave it to the City, so really nobody wants to take care of the hill. To the best of my knowledge as of August last year it belongs to the City. It has had sprinklers installed since we moved in but the water is only turned on when and if we holler. Mayor Chappell: Okay. We will look into it and get back to you. We have your name and addresses. Thanks for coming. (Mayor Chappell asked for a report back at the next retaular Council meeting. (THE MAYOR CALLED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:12 P.M.) Dr. Norman Snyder (In summary) Our Committee intends West Covina to talk to City Councils from Pico Rivera to Upland and hopefully to the Board of Supervisors. We are starting out with the biggest City and hope that you will support us. Basically, the problem with mal—practice costs and personal liability started some 20 years ago when an attorney named Marvin Belli first reached the tort law system which in essence states that if something has gone wrong in the treatment of a patient then somebody must have been at fault, and that is not necessarily true but it has obtained greater strength in law in mal—practice suits and we believe is the primary fault in the tort system which has lead to the increase in premiums both for doctors and hospitals. This problem is just not related to mal—practice and doctors, it is also related to personal injury. mal—practice insurance When I in the first started in practice my ran area of $300. a year as a general practioner. Last year with assessments my insurance was nearly $69000; this year with the quarterly billing it will now be in the area of $12,000 and by the end of the year we have heard rumors it will be raised 50% more. We have lost two very capable neuro surgeons in the San Gabriel Valley not only because of high premiums but because they were not able to obtain insurance at all. — 17 — CITY COUNCIL Page Eighteen ORAL COMMUNICATIONS 5/27/75 Because of this, these neuro surgeons who served all the major hospitals in the Valley, now we may have some deaths due to the need of immediate surgery and the inability to transfer patients to L.A. General Hospital or Pasadena, where neuro surgery may be available. And if' we don't get adequate remedies for this situation we may lose some of our best surgeons. One of the best in the area his policy went to S30,000 a year with B3,000 deductible for each incident. Older physicians who may wish to slow down will still have to pay full premiums and they cannot pay full premium and work part time :and expect to make a living. Further, I don't see how you :n, doctors c�:,n start out in practice with these kindsof premiums. The anesthesiologists were the first to go out 'Iecause they were in a unique position to do so. They see patients only on a one time basis and do not have an ongoing contact with a patient and do not have to give notice. Also their premiums ware unreasonably high; one anesthesiologist told me his premium ran in the vicinity of $50. a working day. The problem has been magnified by the increased awareness of the public and the attorneys on the get rich quick method of suing doctors and by certain magazines like the Ladies' Horne Journal, Reader's Digest and the TV shows — Marcus Welby and Medical Center — which raises peoples' expectations as to what doctors can perform — we just can't live up to the image of Marcus Welby. It has been estimated the increase in premiums will raise hospital rates $4 per patient day and from $2 to $4- per patient visits in the office. We will not accept this and pass the cost along to our patients. We are determined to fight this out now and hopefully get remedial legislature. The cause of mal—practice, according to the trial lawyers in one of their publication releases, is coal —practice. We disagree with that. Of course there are doctors who commit mal—practice and we are in favor of compensating those people so injured but we do not feel there is anymore mal—practice today then there was 20 years ago. We believe we police our own profession probably better than any other profession. We just received our quarterly bill for premiums — we knew it was coming but didn't quite believe it because we have a contract that says we were not to be increased over 15% this year but when we received our bills we received an increase from 141% to 500% depending on our specialty. We had emergency meetings of the Medical Association, the Anesthesiologists of Southern California and they decided individually to go out on their own and we decided now is the time to do something to hold the line on l.hese bills. There are remedial steps to be taken: there is an initiative petition being circulated in West Covina called the Patients' Rights Initiative. This merely would make it mandatory that the contingency fee of attorneys be held to 10% no matter what the settlement was. We support it; however 'we do not believe it is the total answer. We feel the total answer is contained in the Carpenter/Robinson Senate Bill 397 which is now in the Senate. The provisions of this bill are similar to the 3rovisions in the Industrial Accident Commission with some changes. When the Tndustrial Accident Commission was created in the 301s, I believe, there was much resistance from attorneys and trial lawyers who tried to declare it unconstitutional and so on and now it -has become an established fact almost nationwide. The general pro— vision,-; of SB 397 arc as follows: Cost focuses upon providing c. appro;-ri.ite remedies to patients who are medically injured rather than on who is at facclt. It also focuses upon the fact a patient can have ,his 'aas.e.:adjudlicat'e.d: without obtaining the service of an 18 — CITY COUNCIL Page Nineteen ORAL COMMUNICATIONS 5/27/75 attorney. Now it may take anywhere from one to four years to get into court, it provides for immediate compensation. The injured patient would receive 75 to 00 of the award as well as ongoing rehabilitation if the need arises and that is provided for by monthly payments plus a limit on the amount the attorney can charge. The public does not generally know that in many cases where you read from one to five million dollars awarded that the attorney received half of that plus the patient paid the court costs and the patient ended up receiving less than the attorney did. Every patient or his representative, every minor, every health care provider stall be inclusively presumed to have accepted the provi— sions of the bill and be bound by it. The only method for patient rejection shall be by written notice by the patient prior to any injury or damage. In other words if you notified the doctor, hospital or the health care provider then you could still go to court under the present system. All emergencies fall under this arrangement. The Board that the bill proposes setting up is composed of two doctors, two laymen, two lawyers. The Chairman would be an attorney selected by the Governor, the two physicians full time members, two attorneys full time members and two laymen — one republican and one democrat, and part time members from the seven professional groups. The bill would take effect January 1. Statute oflimitations would be two years from date of injury or one year from discovery, whichever is longer. Maximum three years. Appeals: Award by the full compensation board shall be conclusive and bindino as to all questions of fact, either party may appeal to the court on errors of law only. We feel that part of the problem of high cost mal—practice both for doctors and hospitals at the present time is some of the high awards. This bill proposes a top award of l500,000 and that is subject to change in the legislature. Also proposes a lump sum payment to pay medical costs and loss of wages. Punity Damages could be collected as before because we are not covered for that anyway, neither is hospitals. The cost of the Board would be paid by fees to the doctors and health care professions. We realize we are going to have to pay these premiums for the balance of this year, but we believe in the long run this is the best long term solution. I can assure you that if we do not receive remedial legislation there will be many doctors that will quit or move. We are willing to accept negotiations on any reasonable substitute for this bill, but we believe it is the best bill presented at this time. I am asking you to send a Resolution of Support to your Assemblymen, your Senator and the Governor. Hopefully you will be the first city in this area to do it. I realize you may want to hear the other side and I believe the rules of debate are that I would have the right of rebuttal. I thank you for your time and consideration. Councilman Shearer: Mr. Mayor, we have a request for support. I am pretty much in agree— ment with what nr. Snyder has indi— cated.' I don't think controlling the irsurance premiums is the answer obviously because the insurance premiums are based on settlements as in any.business. Not knowing the complete ramifications of this particular bill I don't believe I can support a resolution saying we will support the bill. I would be willing tonight, if Council feels so inclined, to vote for CITY COUNCIL ® Page Twenty ORAL COMMUNICATIONS 5/27/75 some type of broad resolution directed to the Governor and our local legislators covering our concerns in this area of, mal— practice and urging them to work out a solution that will protect the patients, the doctors, the insurance companies — I will eliminate the lawyers I think they can protect themselves — to assure that adequate health care if continuing for all elements of our society, but specifically to go on record in support of any one particular bill without giving an opportunity, as Dr. Snyder indicated for rebuttal, I would not be willing to support that. Councilman Tice: Mr. Mayor, I think we ought to wait at,least until the next meeting to give anyone that wishes an opportunity to speak, but I also realize it is an urgency matter. Mayor Chappell: I think as Councilman Shearer mentioned we could use a broad brush approach and say that we certainly hope the legislature in their wisdom comes up with a bill that all parties can live with including the attorneys because they do have a place in our society. Motion by Councilman Shearer that the City Council authorize the Mayor to communicate with the Governor and local legislators supporting mal—practice provisions and the mal—practice legislation which will assure continued health service to the citizens while protecting the rights of all parties involved; seconded by Councilman Browne and carried. CITY ATTORNEY AGENDA_ — Cont'd ORDINANCE NO. 1267 The City Attorney presented: (Urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, EXTENDING THE PROVISIONS OF THE CIVIC CENTER OVERLAY ZONE TO THE PROJECT AREA OF THE WEST COVINA REDEVELOPMENT AGENCY DURING A PERIOD OF STUDY NOT TO EXCEED 120 DAYS AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY. Motion by,Councilman Tice, seconded by Councilman Browne and carried, to waive full reading of said ordinance. Motion by Councilman Tice to introduce and adopt said urgency ordinance; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None RATE SCHEDULE FOR Mr. Wakefield: This item relates COOPERATIVE PERSONNEL to a schedule of EXAMINATION SERVICES rates proposed by the State Personnel Board for the recently approved contract between the City and the Board for cooperativ.e personnel examination services. That contract provided that the Board could modify tl�n r�f:r•:, r,i:i.ti-intit nninnrl.ing the r.nntract. Stich a modification Ir r�[;cr_irrer.l offnr:I;i.vu :]u.I.y — 20 — CITY COUNCIL Page Twenty—one CITY ATTORNEY AGENDA 5/27/75 From 11 to 15% above the former rates. The City has the option of utilizing or not utilizing the services on a request by request basis. This simply formalizes the approval of the re— vised rates so they can be used for billing purposes of the con— tract. Councilman Shearer moved approval; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None LEGISLATION RE RAPID Mr. Wakefield: Mr. Mayor and members TRANSIT DISTRICT of Council, this item EMPLOYEES relates to two items of legislation which the Southern California Rapid Transit District has requested the City Council to take a position with respect to a' problem of negotiations of salaries for Rapid Transit Employees; and the so—called Dill's Bill relatinn to collective bargaining for public employees include the Rapid Transit District. It seems to staff and to me that these items of legislation refer primarily to matters of interest to the Transit District and that there are many more items of direct impact upon the City and Cities in California that,probably justify the City Councils attention and the recommendation is that these requests and communications be received and filed. So moved -by Councilman Browne, seconded by Councilman Miller and carried. AGREEMENT WITH Mr. Wakefield: Mr. Mayor and members WEST COUINA UNIFIED of Council, this is a SCHOOL DISTRICT RE request that the City SUMMER YOUTH EMPLOY— Council approve and the Mayor be M�NT PROGRAM (NYC) authorized to execute on behalf of the Staff Report)) City a cooperative work training agree— ment �*ering summer student help to be employed through the West Covira Unified School District. The funds were provided through the Los Angeles County Comprehensive Employment and Training Act and the City will simply act as a bass through agency to the School District to implement the program for summer school employment. So moved by Councilman Browne, seconded by Councilman Miller and carried. LEAVE OF ABSENCE Mr. Wakefield: Mr. Mayor and members EXTENSION REQUEST of Council, this is a (Jerri Lynn Webb) request that a leave of absence extension be approved'by City Council for Jerri Lynn Webb. The original approved leave of absence was for 6 months without pay. This is a request for an additional extension of that leave for one'year without Councilman Tice moved pay. approval of the request; seconded by Councilman Miller. (Councilman Browne asked what the normal procedure is and Mr. Aiassa stated normally we give them 6 months but in this case due to the fact I lost both girls at one time I would like to keep Jerri Lynn Webb on tap in caseI have an emergency and shb — 21 — • il CITY COUNCIL Page Twenty—two CITY ATTORNEY AGENnA 5/27/75 agreed. Councilman Shearer questioned the rights of an employee on leave of absence in relation to reinstatement. Mr. Aiassa said she would be hired back at the same range as she left and if there is no vacant position in her classification then she has no absolute right to come back to work.) Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None AUTHORIZATION FOR Mr. Wakefield: Mr. Mayor and members CITY ATTORNEY TO of Council, the City REPRESENT CITY IN has been served with PENDING LAWSUIT. a summons and complaint in an action basically involving a landlord and a tenant and the tenant is presently the operator of the Stage Coach Inn located in the.Sunset Mall Development. In 1972 in connection with the approval of a Precise Plan the owner of the premises agreed that the operation of the' beer bar would be phased out by May 1, 1975. The parties to the lease have gotten into a dispute over the construction of the lease and the City has been named as an incidental party really to the action which is primarily for declaratory reliefand requests authority to simply appear'for the City and to defend the City's right to enforce its Precise Plan requirements. Motion by Councilman Miller to approve the request; seconded by Councilman Tice. Councilman Shearer: Mr. Mayor, I know we went over this in the past but I would like a brief report hopefully by the next meeting as to why we don't want a beer bar in the Civic Center. It sounded good at the time but is there really a good rationale for us really going to court — do we have a good position to say we don't want this type of business? I understand it is in conflict with our overlay but is it the kind of law we want? Is it really worth what we will be charged to go to court and make an issue of this particular item? Mr. Wakefield: Mr. Mayor and members of. Council, the Civic Center Overlay Zone prohibits certain kinds of uses in the Civic Center. One use prohibited at the time the Overlay Ordinance was adopted was a bar that was not operated in connection with a bonafide eating establishment. The Stage Coach Inn was a non— conforming establishment at the time that ordinance was adopted. When the property was redeveloped in 1972 a Precise Plan was approved for the development and one of the conditions was that the Stage Coach operation as a beer bar not operated in connection with a bona fide eating establishment would be phased out by May 1, 1975. Councilman Shearer: Then a restaurant like Reubens or whatever might come in and there would be no problem — this is strictly without regard to food?. Mr. Wakefield: There would be no problem, this is strictly a ba'r without the service of food. — 22 — CITY COUNCIL Page Twenty—three CITY ATTORNEY AGENDA — Cont'd. 5/27/75 (Mayor Chal:)pell was not in favor of reopening this subject unless the two new Councilmen requested it; he briefly summarized the previous reasons Council decided this action on; Councilman Shearer said he was satisfied with the explanation and will not request anything further.) I"lotion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 9:55 P.M. FOR THE PURPOSE OF:CONDUCTING THE REDEVELOPMENT AGENCY MEETING. RECONVENED CITY. COUNCIL MEETING AT 9:57-P.M. CITY MANAGER AGENDA ANTIQUE FIRE TRUCK Motion by Councilmah Shearer to REQUEST approve request for use of the Antique Fire Truck for Recreation and Parks Parade on July 24, 1975 from 6:00 P.M. to B:30 P.m. Seconded by Councilman Browne and carried on roll vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None WEST COVINA PARADE COMMITTEE Represented by Mrs. East Mr. Mayor, before we get into the actual Finance Report may I ask to repeat a request forari ordinance variance as we did last year, where we parked the two truck beds that we used for the judges stand and the VIP stand for the parade. (No objections by Council; Mr. Aiassa asked to handle it adminis— tratively as it was done last year.) Mrs. East: Thank you. You have the reports I turned in. Would you like to ask any questions? There are quite a few changes, particularly in the fund raising areas. I am really very proud of our Committee and they have had their first fund raising luncheon, and also for the amount of ads and trophy sponsorships that have been acquired to date. This is pretty good for this time of the year. Councilman Shearer: How are we getting two high school bands from Illinois and we can't even get one from West Covina? Mrs. East: The two bands from Illinois are going to be touring anyway, they will be marching in the Pacific Palisades Parade in the afternoon at 2, so it is just a matter of getting up a little earlier in the morning and coming out this way and march— ing in this parade as well. Our City is pretty well covered band — wise by the City in the fact we have our Royal Blue Band, our Coast Guard Band and the West Covina All City Band. So it really would be impossible for our own high school bands to be marching in this parade because in fact they are all marching only under different names. Mayor Chappell: It appears you are requesting more money from Council than we budgeted? (Mrs. East replied — that is true." — 23 — CITY COUNCIL Page Twenty—four WEST COVINA PARADE COMMITTEE 5/27/75 Councilman Miller: Mr. Mayor, might we in two weeks have another look at where we are financially and possibly we will see some difference in the statistics here and at that time we could come to some conclusion as to what we can budget towards this? That is my suggestion. Mayor Chappell: Mrs. East, do you have any other activities in mind? I note you have' the buttons at $490., which is a lot of buttons. Mrs. East: We purchased one thousand buttons and we expect to sell'all of them by the day of the parade. In the several years that I have been working on the Paradbithe City Council has budgeted $800• it has not increased at any time and that is one reason why it seems like quite a big jump now. If it had increased along with the rising cost of expenses it would not be such a large jump. Mayor Chappell: Originally when this was set up the idea was that figure would diminish as we received more community partici= pation in the parade. The idea was not to continue to raise that figure but to have it swing down the other way. We would hope that the business people and the community would grab hold of this and carry it so it would not cost the City anything and be a real community project. Mrs. East: There have been a couple of things that entered into that, one being at that time when we hoped it would dwindle none of us thought that inflation would reach the proportions it has. Secondly, along with the other factor I recall just after working on the parade for one year that the business community made it very evident to us that they don't think this is a parade that is a very good business project because West Covina does not have a main street. Personally those of us on the Committee feel that any time anything of this nature and of this proportion takes place and we hope it will grow each year, we feel it does benefit both the community and the business area. But they hold tight that because we don't go down a main street like the Christmas Parade in Covina and the one in El Monte that is doesn't help them. And we can't go down a main street so our hands are tied. They made it clear to us that this was not a good business parade and woul.d we consider holding the parade at some other time of the year. The Committee discussed this very seriously and we call came to the conclusion the reason we are working on this parade is we want the youth of our community to be able to celebrate the birthday of their country in a fitting manner with the beginning a parade, a picnic in the afternoon and the fireworks show at night. Without the parade it might be a pretty dull day and they mi ht soon forget the birthday of our country. (Explained further So it becomes a little more expensive to put on this parade. You will note from the response to ads and trophy sponsorship that it does not reflect a -great deal of respect and support from the' business community. As you know I am very closely related with the West Covina All City Band and most of the parades we march -in the business communit*es are much better "represented than that, in fact they are very largely represented, However, we cannot criticize our business community because they feel they have a valid feeling on this. (Detailed a few of the items and how they acquired them and who 24 — CITY COUNCIL Page Twenty—five WEST COUINA PARADE COMMITTEE 5/27/75 made the donations.) Councilman Miller: Mr. Mayor, I am still wondering with regard to the use of the streets, does the parade touch any part of the. . business section or is it all residential? Mrs. East: No, it is not all residential now. This was one of the reasons for our changing the parade route. Everyone that we have spoken to about it has met the new parade route with resounding cheers. We were able to move through a business section of our City, particularly one that many people said "I didn't know it was there". So we were very happy to take the parade that route. Starting at the Prime Rib Inn and assembling it across the business section on Garvey and bringing it down through the business.section there, down Glendora to Ualinda, we do cut through as many businesses as we can possibly cut through. If we get any closer to the center then it becomes a very huge policing problem because of the freeway access. Councilman Miller: How are the businesses along Glendora Avenue feeling about this? Mrs. East: I think they are reflecting an average manner, but that little section there is by no means the business section of West Covina. Eastland has been so good as to take out an ad in the program to the amount of $50., but the individual businessmen there cannot be contacted. The Plaza Merchants as you know are in a very troubled manner at the moment. I have been in touch with the Fashion Plaza and I have no idea at this time what they feel they would like to contribute to this project. We were warmly received but I have not received any answer. Councilman Miller: It seems to me that with the possibility of ads that these people should.be encouraged to consider them and realize this is an additional source of advertisement on their behalf. I know we get irhto complications at points but we shouldn't allow it to die just because of lack of it didn't come by my place. It will take everybody concerned to make a go of this kind of thing. Mayor Chappell: You mail out a request for donations — do you have a personal follow up on that? Mrs. Cast: This year we did not mail out requests. Somebody was supposed to drop by. There is a personal follow up. Mayor Chappell: We thank you and we will have to dis— cuss this $1750. figure and get back to you. Mrs. East: The first time I made this request of you you mentioned that I come back in May and apprise you of what we have done and that is the reason for my coming back to you now. Our deadline for entries closes on June 13, we have to have that early deadline in order to print up our layout on the line of order of the march. By that time we pretty well have to know what we can spend on bands. Last year we couldn't get ahold of bands, and this year we are in the position of getting bands but we must come up with the funds to provide them with transportation to come out here. I would say �A672C CITY COUNCIL Page Twenty—six WEST COVINA PARADE COMMITTEE 5/27/75 that none of these figures other than perhaps the miscellaneous fee, are paid out before the day of the parade. They all come due actually the day of the parade. No unit is given any money until they have actually. marched the length of the parade and they are given themoney at the end of the parade. We would n.ot • like to exceed ourselves further than we can come up with the funds to reach, so sometime before June 13 we would like to dis— cuss this with you again. Would that meet with your approval? Councilman Shearer: Mr. Mayor, I can understand the position the Parade Committee is.in. I think they are making the request tonight to get a go ahead. They came before and we told them to give it their best shot at fund raising and come back to us and they gave it their best shot and the results are perhaps less than what we might have hoped for. I think the business response is one.that I would have expected. Most of the businesses on the 4th of July are closed, whether the parade came by their place or not is not going to generate much business for them. I would agree holding the 4th of July Parade on July 5th or on a Saturday would be somewhat out of step just to accommodate the businesses. For myself I would like to indicate that it would be my intention to support the underwriting of the,1975 Parade to the maximum of $1750 , and hopefully that will be somewhat lessened by the additional sale of ads, etc. But I don't think it would be fair to say to the Parade Committee that we will dangle you on the line for a few more weeks and then we will let you know what we intend to do. I for one would like to request the City Manager to see what is in our city budget and what he might do if we request that be raised to $1750_ and have that for us by our next regular meeting and it would be my intention to support, because I want to see a 4th of July Parade in West Covina. One of the biggest criticisms I have heard about the parade is the lack of bands and if this is the only way we can get bands then this is the way we have to go. (Suggested getting next year's request in now) Councilman Browne: I would agree with the statements by Councilman Shearer. However, I feel the proper time for the request of funds should come at budget time. As Councilman Shearer pointed out — get your request in early for 1976. I would be in favor of the 1975 request if we can find the balance of the money somewhere; h-wever, it would depend entirely upon the economics whether I would support it next year. You indicated when you first came in we granted a certain amount and you came back at a later date requesting additional because of a bad situation. I don't think we should leave you out on a limb this year but next year might be something else. Councilman Tice: I was surprised to see this go up to $1750 , but I think they made a good faith effort and this year we should go along with it. Firs. East: We are still working at it, we have several call backs of'large pledged donors — we hope — we have no intention of stopping our fund raising efforts and if we should not need the entire $1750 we would not ask for it. bouncilman Miller: Mr. Mayor, myintentwas not to pro— long it but merely requesting Council to look at the $1750 figure and then possibly in two weeks these figures will change and we would have a clearer picture of what -we are talking about and still — 2,6 — CITY COUNCIL Page Twenty—seven WEST COUINA PARADE COMMITTEE 5/27/75 have time to enact what is needed. I would like to know from the CiLy Manager's standpoint a jump From S950 to i61750. is this going to be practical and within the budget structure? Mayor Chappell: We thank you for coming out, Mrs. East. • Mr. Aiassa, can you report back to us at our -next regular meeting if the J$1750is possible or not and Mrs. East will you also report back to us on June 9th. CALENDAR FOR BUDGET Mayok Chappell: Mr. Aiassa, has HEARINGS just put before us the tentative schedule for Council budget reviews. I think we should all take a good look at these dates and at our next regular meeting we will set the dates. Councilman Shearer: Mr. Mayor — may I just point out one thing. We received a letter about the upcoming East San Gabriel Valley Planning Congress and we are all asked to attend, if possible. This date might be changed here to at least allow the Mayor, if he chooses to attend or anyone of us that might wish to attend. PENDING LEGISLATION Mr. Aiassa: Mr. Mayor, when I was in Progress Report Sacramento we touched base on several of these bills. Our Taxation Revenue Committee did make some recommendations to the Doard of Directors of the League of California Cities. We had four members of the League staff advising us on these pending bills. Senate Bill 100, the Mills Bill — Mr. Mills has agreed to add another 10 to the gas tax if the cities and counties can get together on a formula of the distribution of this 10. We are now polling the areas to see what can be done. Generally speaking there is a good possibility the collective bargaining labor relations bills will be the tightest, the ones that will be reviewed by the legislators and League staff. I may have to poll Council on this. INFORMATIONAL REPORTS a) Motorcycles 700 Block on E. Florence No questions. b Bicycle Safety No questions. c Annexation 220 No questions. d NYPUM (Councilman Browne advised that he and Councilman Tice are committee members and to date have not received the meetings schedule. Mayor Chappell requested Mr. Aiassa to see that this information is supplied.) e) Sunset Avenue Underpass Lighting No questions. f) Letter Withdrawing ABC Application Protest — Ronald George Crater No questions. g) Freestanding Sign Ordinance No questions; h) Service Station Ord. No questions. Mr. Aiassa: Mr. Mayor — Council received one additional progress report on the parking of commercial vehicles. (No questions) — 27 — • CITY COUNCIL INFORMATIONAL REPORTS — Cont'd. Page Twenty—eight 5/27/75 (Mayor Chappell asked that a closer check be made on items to be included in Council's packet as now and then an item is overlooked. Stated he realized there was a tremendous amount of paperwork involved and it is unbelievable that so few things are found missing, but a little closer look would be appreciated.) MAYOR'S REPORTS SUNSET SCHOOL SITE Mayor Chappell: I received a letter from the President of the West Covina Unified School Board, I brought it to City Hall to give you copies but I misplaced it. I must have left it upstairs on the desk. The gist of the letter said theywere withdrawing from negotiations on Sunset School and would not meet with us as we requested and are going to pursue selling the.site in their own manner. Perhaps after our budget sessions we can again request a meeting with them or just forget about it, or let the citizens tell us if they want a parksite. They haven't really let that information be known to us as yet, maybe they were waiting for Council to complete their negotiations and now that it looks like a dead issue they may come forth with their feelings of whether they really want that site. We may be overly enthusiastic about having a park in that part of town, although I think the.citizens need that park. At this time there is nothing more we can do. I will get a copy of the letter to all of you. Councilman Browne: Mayor Chappell: Mr. Mayor, didn't they make reference that the next move was up to the City Council? Something like that, which would mean come up with more money. Councilman Browne: Or an alternative. A means of acquiring the property perhaps by some other method than a cash outlay. There have been some things kicked around — I happened to talk to one of the Board members unofficially. Inasmuch as the schools are used to benefit the youth of our community and some schools are no longer needed for that purpose the property is up for sale and in'our effort to obtain it we were closed off by the purchase method. Some years back we had an issue up where we wanted to build up some of the highschools and Edgewood got the swimming pool. Mr. Aiassa — how much did that swimming pool cost the city? Mr. Aiassa: I believe S140,000 was the city's portion. The school district put in $40,000 and allowed us to use the land. r:ouncilman Browne: What about exploring something along the lines that the school was built for the benefit of the students and is no longer needed but the City could use it — could we possibly get together with the District and offer to build a swimming pool at West Covina High School and pay for it out of city funds and this would afford the'need in that direction. This is the thought I am putting out. Maybe there is something that the District needs that under the conditions of sale that they cannot legalize money for because the law legalizes their spending money only in one di,rr.rtinn — capital. improvements. If wo made an offer in that thr:1 students would be. b(-:+ne it:i_ng 10U) . Mayor Chappell: I have no quarrel with that, but they would have to be the ones to tell us E 1: CITY CnUNCIL MAYORS REPORTS Page Twenty-nine. 5/27/75 what they would like to have on a trade off. Councilman Shearer: Mr. Mayor, I think the idea Councilman Browne brought up is an excellent one. The thought has crossed my mind that' we might do something like that or at least call attention to it. I think at this time that is where we are at, the two bodies have reached an impact. As Mayor Chappell inferred we are all elected and if there is enough interest in the community and if we can talk up the idea that possibly earmarking the money that the city would spend for a swimming pool .that can be utiliz^-.d by a cross section - not only stude:,ts but all people - this might generate interest. Councilman Browne: As I recall ther- !as an open end statement that the next move was that of the city council. Mayor Chappell: I will appoint.Mayor Pro tem Browne to act as our liaison through his unofficial sources to see if we can get this thing back on the track. I believe sincerely this parksite is needed and will be a tremendous asset to the citizens in that part of town and that they will really use it. Councilman Miller: Mr. Mayor, if we are going to pursue this let's keep it in mind in the current fiscal year coming up with the budget so we aren't putting out figures - like next week. I would like to pursue it, cautiously. (Mayor Chappell agreed that would be taken into consideration in the forthcoming budget sessions.) Mayor Chappell: has been very active in permission from Council banquet will be in One other item. Mr. Louis Maxim from the Covina Valley Unified School District is retiring next month. He working with the City and I would like to present him with.a city tile - the about a week or ten days. So moved by Councilman Browne, seconded by Councilman Tice and carried. COUNCILMEN'S REPORTS/COMMENTS Councilman Miller:. Mr. Mayor - it was my privilege to attend last Saturday the conference on the Juvenile Justice. It was quite a. turnout. I want to say it was a job we11 done by the people that put it together. I will be attending the Independent Cities of Los Angeles County meeting tomorrow night on behalf of the city. There are some by-laws pending, so at staff's convenience I will ask them to give me their feed back as to how they feel about this in representing the city. Councilman Tice: Re the Juvenile Justice Conference how many were there? (Advised about 125) I was amazed at the crowd. I also am wondering how our staff report is coming along on the Citrus Avenue situation? Mr. Aiassa• Councilman Browne has requested a letter from Deputy Chief Dynes, but he has not received an answer yet. - 29 - U CITY COUNCIL Councilmen's Reports_Comments Page Thirty 5/27/75 Councilman Tice: Mr. Aiassa, I wonder if we can have something for Council at their next regular meeting in June on the Senior Citizens Committee. (Mr. Aiassa said Mr.' ©'Connor was getting further information from different sources and will have a packet for you.) And one further item, Mr. Mayor. I noted that Mark Landsbaum just received an editorial award, also Judy Hammond - they'both should be con- gratulated. (Councilman Browne asked Mr. Aiassa to try and contact Mr. Dynes office and remind him that theletter is long overdue.) APPROVAL OF DEMANDS notion by Councilman Browne to approve Demands totalling S862,779.49 as listed on Demand Sheets 0592,.B595, B10599 8667A, 866JA, and C872; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None (Mr. Aiassa advised there was one further item for Council discussion, the requested meeting with the Chamber of Commerce. Council discussed and asked that it be scheduled right after hearings at the regular Council meeting of June 9, 1975.) ADJOURNMENT ATTEST: Deputy Ci L-y Clerk Motion by Councilman by Councilman Miller adjourn this meeting APPROVED: MAYOR Browne, seconded and carried, to at 10:50 P.M.