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12-08-1975 - Regular Meeting - MinutesI • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA DECEMBER 8, 1975 The regular meeting of the City Council called to order at 7232 P.M. in the West Covina Council Chambers by Mayor Ken Chappell. The Pledge of Allegiance was led by Boy Scout Troop 480; the invocation was given by the Reverend Myrus Knutsen, Christ Lutheran Church. ROLL CALL Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: George Aiassa, City Manager Lela Preston, City Clerk Gloria Davidson, Dpty. City Clerk George Wakefield, City Attorney Michael Miller, Public Services Director Leonard Eliot, Controller Harry Thomas, City Engineer Ken Hunter, Planning Associate Gus Salazar, Redevelopment Coordinator Kevin Northcraft, Administrative Asst. APPROVAL OF MINUTES November 24, 1975 Councilman Tice made the following November 24, 1975 corrections to the minutes of the November'25, 1975 regular meeting November 24, 1975. Page 19, paragraph 6, should read: "Councilman Tice asked if some of the recommendations made by the City Attorney have been made with the prior Association. Mr. .Solomon said... Page 27, paragraph 2, should read: "Motion'by.Councilman Tice that the bi-lingual portion be paid for by the City and the English portion be paid for by the candidate; seconded by Mayor Chappell." Councilman Shearer made the following. - correction to the minutes of the adjourned meeting November 25, 1975. Page 1, under "Roll Call" should read: "Absent: Councilman Shearer (due to illness)" Motion made by Councilman Browne, seconded by Councilman Shearer to approve the minutes of November 24, 1975 - Special Meeting, November 24, 1975 - Regular Meeting, and November 25, 1975 - Adjourned meeting as corrected. Motion carried. - 1 - f) MT. SAN ANTON IO COUNCIL CAMP FIRE -,,GIRLS 2. PLANNING COMMISSION a) SUMMARY OF ACTION 3. PERSONNEL BOARD a) MINUTES 4. • t CITY COUNCIL December 8, 1975 Consent Calendar Page Two CONSENT CALENDAR Mayor Chappell explained the procedure of the Consent Calendar -items and asked if there were comments on any of the following items. 1. WRITTEN COMMUNICATIONS a) SUPERVISOR PETE Invitation to attend tour on Thursday, SCHABARUM December 11, 1975 at 11.00 A.M., of the recently opened Southern California College of Optometry, in cooperation with the Los Angeles County Department of Health Services: (Informational) b) MR.&;:MRS. ROY MIDYETT, 610 S. CALIFORNIA AVE. c) WILLIAM E. SUTT0N West Covina Stake, Church of Jesus Christ of Latter -Day Saints, requesting proclamation for Family Unity Week, December 22 - 29, 1975• (Refer to Mayor's Agenda -Item No. L-1) Re auto lights flashing into family room as late as 12:00 P.M. from Town and Country Chopping Center Parking Lot. (Refer to Staff) (Withdrawn. Refer to Pages 5 & 6) d) DELHAVEN COMMUNITY Request to solicit funds in the City CENTER, 15302.E. from January 5'to February 15, 1976, FRANCISQUITO AVE. and waiver of charitable business license. LA PUENTE, CA. (Approved in prior years. Recommend approval) e) WEST COVINA ALL- Re painting of house numbers on curbs CITY BAND exclusively by All City Band and approval of using Red, White and Blue colors. (Refer to Staff) (Withdrawn. Refer to Pages 3,4, & Request to hold annual candy sale between 5) January 21 - February 16, 1976. (Approved in prior years. Recommend approval) December 3, 1975• (Accept and file) . (Withdrawn. Refer to Pages 8 & 9) November 4, 1975. (Receive and file) b) ACTION ITEMS From December 2, 1975 (Refer to City Attorney's or City Manager's Agenda Items Nos. G-9, I-1) ABC APPLICATIONS Chief of Police Recommends NO PROTEST a) Francis Leo Morgan, President dba SIZZLER FAMILY STEAK HOUSE Janice Ann Morgan, Sec./Treas. OF WEST COVII4A 1218 Miramar Drive 1100 West Covina Parkway-W Fullerton,.Ca. . Robert David Hadden,-Vice Pres. 212 S. Cedar Ave. Fullerton, Ca. - 2 - n CITY COUNCIL December 8, 1975 Consent Calendar Page Three .b)'West Covina Restaurant dba KAPLAN'S & Delicatessen, Inc. ..531 Fashion Plaza 3333,Bristol St. Costa Mesa, Ca. • Chief of Police Recommends PROTEST c)*,Richard Steel dba WATERWHEEL INN 20503 Calor.a 648 S. Sunset Avenue Covina, Ca, (Withdrawn: Refer to Pages 6, 7 & 8) 5. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK a) Leslie W. Craven Re removal of personal property from 931 E. Armstead 3101 E. Virginia Ave. by Weed Abatement Azusa, Ca. Contractor. (Deny and refer to City Attorney and Insurance Carrier) b) Motors Insurance Re accident on September 1, 1975 with Corp as Subrogees Police Unit. (Deny and refer to City for Emile P. Friend Attorney and Insurance Carrier) Mrs. Joanne East requested Item 1-e be removed from the Consent Calendar for discussion; Councilman Browne requested Ztem4-c be removed for discussion; Councilman Tice requested Item 1-b be removed for discussion; Councilman Miller requested Item 2-a be removed for discussion. Motion made by Councilman Shearer, seconded by Councilman Browne to approve Consent Calendar items with the exception of Items l-e, 1-b, 2-a and 4-c. Motion carried on roll call vote as follows: AYES: Shearer, Miller,'Browne, Tice, Chappell NOES: None A.BSEN T : None ITEM 1-e WEST COVINA ALL CITY BAND Mrs. Joanne East I asked for this item to -be removed 1438 E..Portner St because the action is to refer the West Covina, Ca. item to Staff. I thought that I might be able to explain what we plan and to answer any questions. I have an example of the sign we plan to have painted on the curbs. We request that the young people have exclusive right to do this because, naturally, if we purchase sufficient paint, we would like to have an estimate of how much we need. We do not want someone else to hear about the idea and then come in and start doing it. . I spoke.with the Street Department: Mr. McTaggart suggested the types of paint that would be termed "traffic paint" and explained the method used to put sparkle on to get glass bead reflection in the white areas. Due to the color blue, Mr. McTaggart suggested using a marine paint. - 3 - CITY COUNCIL Consent Calendar December 8, 1975 Page Four I also went to the Fire Department and spoke with Captain Clinton and Captain Andrus. They felt that the blue on the white was just about as good a standout color as black on white; and,that.it was an interesting design that they would be able to observe easily. I also spoke..;with Dpty. Chief Meacham. He felt the design was interesting from the Bicentennial approach, and that the contrasting colors were sufficient for emergency vehicles to pick out. Mayor Chappell: In the past the City Council has attempted to get something like this going, but it never did get off the ground. Maybe with a group the size of your organization, it might get off the ground. The reason that it is referred to Staff is to clear up any legal problems or any liability problems that we`might have in allowing this to happen. Councilman�Tice: What is the charge for this? Will it be on a contribution basis, or do you have a flat rate? Mrs. East We felt that should it be undertaken in the red, white and blue, it would only be effective if every number in the City were done. I have heard estimates of 20,000 to 24,000 of street numbers that should be painted. We felt that it would be rather distastefull if it was.done in a.spotty manner. That is one of the reasons we wanted the exlusive right; we will buy the paint according to the estimate and every number will be done. We felt that the people who receive this service together with their gratitude for the service and the interest in the community and youth group would make a contribution that would make it worthwhile. Councilman Tice: I like the Bicentennial theme. It is a good idea and a good way to raise money for the youth. Councilman Shearers I am not sure that I share Mrs. East's optimism about how readily all of the citizens in West Covina will receive the curb painting, and, then, after it is done have someone come to the door and ask for a contribution. I believe that we had this proposal once before some years back by a non -local group. Their proposal was to come in and paint curbs, then tell the people in the homes that it was done and that they wanted to be paid for it. I agree with the spirit, and all that, but I hesitate to give City sanction because I am sure that there is at least one person in this community who isn't all that patriotic and would not appreciate it. • Mrs. East: I am sure that there is.even.more than one, even a handful that might not appreciate being told that they have to pay. That is why we used the term "contribution." I am sure that there might be a goodly number who might say, "Thanks, I - 4 - CITY COUNCIL Consent Calendar December 8, 1975 Page Fi-ve didn't ask you to do it, and I don't care to pay for it."' In that case,we will say, "Thank you." and go our way. We felt that there would be enough who would respond with a worthwhile donation that would make it payoff to the kids. It might be termed a community service for us, and not a fund raiser in that each house would, at least, during 1976 get a nice bright fresh number. You think that some might actually resent having the number put on? Councilman Shearers I don't know that I am that good a judge of people. I don't think they will resent having the number put on, but I think they might resent having the number put on before they have been contacted. Maybe not. Mrs. East: We might say we would like to do it, and hope the people would like to contribute. Councilman Tice: I think Councilman Shearer is correct. There might be some people who would resent it, and if they are asked before, at least they have a choice. Mrs. East: We do not want it to be a resentful situation; we want it to be a cheerful one. We hope to get sufficient publicity out to the people ahead of time through various media. And, we will take your advice,.to' contact the people before doing the actual painting. Motion made by Councilman Tice, seconded by Councilman Miller to refer the Item 1-e to Staff. Mayor Chappell: We certainly hope that this goes well. The more things we do to honor our 200th birthday, the better, I think, the community will be for it. Due to time schedules, the Council requested that Staff complete their study of this Item in order that it can appear on the City Council Agenda, December 15, 1975• Motion carried. ITEM 1-b MR. & MRS. ROY MIDYETT Councilman Tice; I have a question. On the Staff Report where this was covered, have you (Mr. Miller) tested to see if the 6 foot 6 inch fence is sufficient to block out any undue lighting? Mr. Millers The Report that you are referring to refers to the property south of Topa. The property at 610 S. California Avenue is east of Topa. Basically, I believe this refers to the rear entrance of the alley on California. It is hoped that once the Center is fully developed, most of the circulation will occur in the front portion and the back portion will be used primarily for delivery purposes. - 5 - r� CITY COUNCIL Consent Calendar Councilman Tice: Mr. Miller: offer some relief. Either the 36 inches for traffic December 8, 1975 Page Six What would happen if you put a block wall up on the end?' Would that be an obstruction to traffic? It would create a safety problem - site clearance. We will have to look at the landscaping plan for the area, it might a wall or landscaping cannot exceed clearance at that point. Motion made by Councilman Shearer, seconded by Councilman Tice -to refer the Item 1-b to Staff. Motion carried. ITEM 4-c RICHARD STEEL dba WATERWHEEL INN Councilman Browne: I was basically concerned with the application and the manner in which it was.presented. In this instance, the Planning Department is opposing the liquor license. In previous years when the City instituted the Civic Center Overlay Zone, there were certain restrictions placed therein relative beer bars and cocktail lounges in that they were a non -allowable use within the Zone. However, we did have some in existance at that time. In about 1973, there was some remodeling done on the premises of the petitioner, and at that time the Planning Commission recommended to the Council approval of the work with the Condition that the area would be upgraded. I believe there are some legalities here, and the City Attorney should advise us on the matter. Mr. Wakefield: There are two separate items involved in this particular matter. I think we need to consider them separately. The first item relates to the Waterwheel, which is the Item on the Agenda. In 1972 or 73,those establish- ments in the Civic Center Overlay Zone which sold alcoholic beverages and which were not operated in connection with a --bona_,fide'restaurant became non -conforming uses. A period of approximately seven years was allowed to phase out the non -conforming uses. It would be my recommendation in connection with the Waterwheel*Inn that the Planning Director ,advise the applicant in this case that the use which he is proposing to make of the premises will cease to be a permitted use in 1977, and the use will be discontinued at that time. The reason I make this recommendation relates to the other item which Councilman Browne mentioned. The Council will recall when the Lotit_o -& Ellis portion of the property was remodeled in 1974, there was a specific Condition attached to a Precise Plan which required that a beer bar known as the Stage- coach Inn be -phased out and that the operation cease as of May 31, 1975• Ldtitof& Ellis agreed in writing to the Condition. When the City advised them *df the necessity for discontinuance of the beer bar on May 31, 1975, it precipitated a controversy CITY COUNCIL December 8, 1975 Consent Calendar Page Seven between`:Lot_ ,E ito &llis and the lessee of the beer bar. The lessee had'a"lease that expired on May 31, 1975; it was for that reason that that date was selected as the discontinuance date. However, that lease contained an option on the part of the lessee to renew the lease for an additional four years. Lotit_o &.Ellis did not indicate specifically whether or not they were willing to renew the lease. Finally, the lessee filed an action against both ratito-& Ellis and the City of West Covina. The answers in that action have been prepared and filed; the case is set for trial the later part of this month. The attorneys for the lessee and the attorney for Lotito &;,Ellis have proposed to the City that the City do nothing about enforcing the Condition for a period of four years from the discontinuance date, May 31, 1975. This would mean that the beer bar could continue in operation for the balance of the term of the lease under the option, and it would not'need to be discontinued until May 1, 1979• This is a matter in which I think the City has no liability exposure. However, I suppose that if we persist in our effort to force lbito:& Ellis to break the lease prior to the 1979 date, that there is always a possibility that the City might end up being charged with inverse condemnation of the property rights of the lessee simply because the lessee was not privied to the Condition in the Precise Plan approval, nor apparently was he aware of it until it cametime to enforce it. In the interest of resolving the case, I think that I would be inclined to recommend to the Council that you authorize us to stipulate to a judgment in the pending action which would require the discontinuance of the beer bar use effective May 31, 1979. That would leave.rotito _ Ellis in a position where they would have to work out•the problems themselves. The City would take no affirmative action to enforce the existing Condition. Councilman Shearers That is separate from the Item we are talking about here, though, isn't it? Mr. Wakefield: That is entirely separate from the Item we are talking about here. It just happens that they are a few doors apart. Councilman Shearer: I have a few questions about the Water- wheel._ I notice in the Report that there are plans to open a passageway between>the cocktail lounge and the coffee shop. Would that passageway.make it conforming with the requirement that liquor be served only in conjunction with a bona fide restaurant? Mr. Wakefield: I think not. Under the requirements of the Business and Professions Code, the premises have to be operated in con- junction with a bona fide restaurant. A bona fide restaurant is defined in.the Code as a place where there are tables and full meals are served. To simply open a passageway between existing lounge and coffee shop would not bring it into conformance. - 7 - CITY COUNCIL Consent Calendar December 8, 1975 Page Eight Councilman Shearers You made one recommendation regarding the Stagecoach. How would that affect this? Mr. Wakefield: That would not affect this except that if we are going to file a Protest, I think that the applicant for the liquor license needs specifically to be informed as to the time when the use will be required to be phased out under our existing Ordinances. This is so that he does not get his license, take over the existing operation, and.then find that he has no right to be in the business. Councilman Shearers We cannot file a Protest and say that in four years the license... Mr. Wakefield: Oh no. Our Protest would have to be on some basis other than the fact that the present use of the premises is not a permitted use under our Ordinance. In other words, if the use of the premises continues as it is, it may continue for seven years from 1972. In '1979 the bar, as a bar, would be required to dis- continue operation. Councilman Shearers But, that matter is not really a Protest matter for the license, is it? Mr. Wakefield: No, that is right. Councilman Shearer: This would not be the pro.per:vehicle to enforce that type of thing. So, consistent with your recommendation on the Stagecoach, would you recommend that we not Protest the application? Mr. Wakefield: I do not know if there is some other basis for Protesting issuance of the license. Assuming that there is not, then we would not have a basis for Protest. My point is that we should specifically inform the applicant of the situation which he is about to enter so that there will be not doubt that he has been advised that come 1979 he has to discontinue his business or convert it into a full scale restaurant. Motion made by Councilman Shearer, seconded by Councilman Browne that the City file No Protest on Item 4-c, and that Staff direct communication to the applicant, Mr. Richard Steel, advising him of the period of time under which he can operate. Motion carried. ITEM 2-a PLANNING COMMISSION Councilman Miller: I would like to request of the Council that Unclassified Use Permit 207 • (Richard and Zola Musich) be called up. given the facts that the vote was 3 to 1; and,•3of the 4 required showings were met; and,the one showing that it -all hinged on, I CITY COUNCIL Consent Calendar December 8, 1975 Page Nine do not feel should over -rule the other three. (None of the Council objected to the request.) Motion made by Councilman Miller, seconded by Councilman Shearer that Unclassified Use Permit No. 207 be called up for further consideration. Motion carried. Motion made by Councilman Browne, seconded by Mayor Chappell to accept and file the Summary of Action, December 3, 1975, of the Planning Commission (Item 2-a). Motion carried. HEARINGS ZONE CHANGE NO. 496 `LOCATION: Northeast corner of West City:Initiated Covina Parkway and the eastbound on and off ramps of Interstate 10. REQUEST: Proposed change of zone on an unzoned parcel of land (vacated street) and -a parcel presently zoned P-B (Public Building) to R-C (Regional -Commercial) and certification of the Negative Declaration of Environmental Impact. Recommended by Planning Commission.Resolution No. 2621. (Proof of Publication in the West Covina Tribune on November 27, 1975 received. No mailed notices required.) Mr. Gus",Salazar This is a request for a zone change Community Redevelopment which changes the zone on a parcel of Coordinator land located off of West Covina Parkway and the off -ramp and on -ramp of the eastbound San Bernardino Freeway traffic. It is a parcel of land that has resulted from a number of activities: (1) freeway widening and realignment, (2) an exchange of land between the City and the Bazaar Corporation, and (3) a vacation of a portion -of the old West Covina Parkway alignment. The request is to change the zoning from P-B to R-C. The change would be in conformance to the Redevelopment Plan and the City's General Plan. It will also bring the parcel into conformity with the adjacent parcels which are zoned R-C. The parcel is .9 acre, and would be ready for development under the R-C Zone. The Staff is also recommending that the Council conduct a Public Hearing on an utility easement that should have been vacated; it was a portion of the old West Covina Parkway alignment. Staff recommended the zone change. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY FOR OR AGAINST ZONE CHANGE NO. 496. THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. . Motion made by Councilman Shearer, seconded by Councilman Browne to appr6ve-Zon6'",-Chang-e.'No. 496. Motion carried. :�Z • • CITY COUNCIL Hearings Zone Change No. 496 December 8, 1975 Page Ten Mr. Wakefield: At the request of Staff, I have prepared.the Zone Change Ordinance. If it can be introduced this evening, it will save time. ORDINANCE INTRODUCTION. The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES, ZONE CHANGE NO. 496, CITY INITIATED. Motion made by Councilman Tice, seconded by Councilman Browne to waive full reading of the body of the Ordinance. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Miller to introduce said Ordinance. Motion carried. GENERAL PLAN AMENDMENT LOCATIONS Bounded on the northeast by NO. 1975-3 Merced Avenue, on the southeast by City Initiated Sunset Avenue, on the northwest by Trojan Way and on the southwest by the northerly line of Lots 1 through 7 inclusive Tract No. 23971. REQUEST: Proposed amendment to the General Plan changing land use designation from "Low -Medium" density residential to "Medium" density residential and certification of the Environmental Impact Report. Recommended by Planning Commission Resolution No. 2620. (Proof of Publication in the West Covina Tribune on November 27, 1975 received. No mailed notices required.) Mr. Ken Hunter We have before us basically the same Planning Associate proposal as was recommended by the Planning Commission earlier this year. Also, you are in possession of a letter from the property owner stating that he will adhere to the proposal. The maximum density permitted in the Low -Medium density is 14.9 units per acre. The density permitted in the Medium density is 15 to 25 units per acre. However, the agent for the property owner has submitted a plan showing 20 units per acre, and, as he stated in his letter, he does not intend to go above 20 units per acre. So, the recommendation of the Planning Commission still stands to amend this particular parcel from Low - Medium to Medium density. Councilman Shearer; What is the size of the parcel? (Mr. Hunter was unable to locate the exact size of the parcel at this point; Mr.'Miller indicated it is approximately 7 acres.) Councilman Shearer: On the exhibit attached to the Planning Commission's recommendation, is all of the property south of Merced proposed to be changed? Or, just what appears to be the southerly two-thirds? - 10 - n LJ • CITY COUNCIL-. . . Hearings General Plan Amendment Mr,. `Hunter: December 8, 1975 Page Eleven Just the southerly two-thirds, the rest would remain zoned Office -Professional. Mayor Chappell: It looks like about 8 acres. On page 2 of the Environmental Report it shows they have 10 acres, 3 for the gas station. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF TESTIMONY FOR OR AGAINST GENERAL PLAN AMENDMENT NO. 1975-3- Councilman Shearers Point of privilege, Mr. Mayor. Is a Public Hearing of this type required to have the same kind of Notice as a zone change? Mr. Wakefield: No, this is just a general Public Notice. There is no individually mailed Notice to the immediate surrounding property owners. Mr. Milford Walker (Sworn in by City Clerk.) 1201 W. Durness This does not detail the property. What West Covina, Ca. type of property is it? Mayor Chappells' It is vacant property. Right now they grow cauliflower, tomatoes, etc.on it. Mr. Walker: But, they are trying to put a development on it, is that right? Mayor Chappell: It appears that a development is in the wind, yes sir. Mr. Walker: Is it high-rise? Mayor Chappell: Twenty units to the acre would be two- story;_I have not seen the development plan. Mr. Walker; The Amendment, as it has been drawn, the language does not tell the general public what is being planned. Councilman Tice: They have to come back with a specific plan. Mayor Chappells We receive a rather thick packet over the weekend to study on all of the items on the Agenda; what we state on the Agenda is just a small description of the matter. The Public -Hearing and Staff present additional information at the meeting. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. Councilmah lice: I originally opposed this, as did a majority of the Council, on the fact that there is a possibility of having 25 units per acre, which seems rather high to me. Personally, I am,satisfied with the owner's letter.that he would need exceed 20 units per acre. I think he is a man of his word, and I do not oppo.se the recommendation. • CITY COUNCIL Hearings General Plan Amendment Councilman Browne: precise plan when it comes December 8, 1975 Page Twelve The letter from the owner of the property could be conditioned in as part of the Conditions of the before Planning Commission. Mr. Miller: As a matter of course, the General Plan Amendment just authorizes the applicant to make application. It does not automatically prejudge any zoning. The current property zoning is MF-15 in R-A. The applicant would have to bring an application to the Planning'Commission to rezone it to MF-20, and at the same time submit a precise plan. At that time the Planning Commission, as well as the Council, will see the proposedpackage and can guarantee that it will be no more than 20 units per acre. Councilman Browne: I want to be sure of that. All we are doing is changing land use designation for this property on the General Plan. But, this should be borne on the back of the minds of the Planning Department so that it can become a part of the conditions. Mr. Miller: The Department and the applicant are quite aware of this. The applicant has already had a preliminary plan plan check with 20 units per acre. You have his word, and when he brings the precise plan in for approval, you will have the opportunity to hold him to it. Councilman Millers Given the fact that the Environmental Impact Report is basically the same-, this was basically what was done about a year. ago. Since that time -we have seen some changes in our City - the Fashion Plaza, increase of traffic on Merced and Sunset. Given the conditions around this area a year later, before I can even consider approving this, I would want to see a complete Environ- mental Impact Report on circulation and impact. Councilman Shearer: There are a couple of things that bother me. I don't question Mr. Furst, his letter, and so forth, but we have seen property proposals come in many, many times that are not followed up for various reasons. Under MF-20, is the additional five units per.acre bonus a matter of right if certain conditions are met, or is that strictly a discretionary matter on the part of the Council? Mr. Wakefield: I think that is a matter of right if certain conditions are met. (He reviewed the Ordinance.) Councilman Shearers It would appear to me that even though this is not a zoning Hearing, we are just taking a step in that direction. - 12 - CITY COUNCIL Hearings General Plan Amendment December 8, 1975 Page Thirteen And, we may well be taking a step ultimately towards a proposal, once it is zoned, which would permit 25 units per acre. I am not saying that is good or bad, but I would urge my fellow councilmen • to have that in mind at the time of the vote. A letter dated August 27, 1975 may not be what is built. I direct your attention to the corner of Francisquito and Sunset; a number -of development plans have been approved for that pro erty, but none of them have been built. (Also, Cameron and Azusa. So, I-wouldn°t put too much reliance on our ability to hold to 20 units, if that is the magic figure. -Councilman Tice: Did you say., Mr. Miller, that the owner has a preliminary set of plans? Mr. Miller.: The Staff has plan checked the plans and returned the marked up copy to the applicant. The plan called out 20 units to the acre. He cannot file for 20 units to the acre until after this Amendment has been decided. Mayor Chappell: In my first months on the Council, I voted for a zone change at California and Cameron. A beautiful plan was presented to us; a beautiful plan was approved; the property was sold and that plan was never built. You can now observe what was built there because of the change of zone. We had no control over that property; no legal steps could be taken to require that property to be developed to the plan we as a Council approved. If we leave the density as it is, can the applicant apply for a Variance or some other type of approval to build 20 units per acre? Mr. Wakefield: No longer is the City permitted to grant so-called Use Permits: that is, Variances which permit a deviation from the established zoning on the property so far as the use itself is concerned. In connection with California -Cameron, I am sure that you will recall, it was shortly after that we changed our zoning procedure and the requirements thereto to require that a person who desired a change of zone submit along with his application a precise plan,of development. The reason for that was we were not able to condition the zoning. If the precise plan submitted was not acceptable there would be no point in approving the ;zoning on a particular parcel. That is, however, no.fool-proof guarantee that the property will be developed according to that precise plan. But, at least, if the property owner is willing to invest his time and money in the preparation of a precise plan, that would indicate some intention on his part to develop. If the precise plan is not followed in the development of the .property, then a new application must come in for any new precise plan. We also have in our Ordinance provision for periodic • review of those properties which have been rezoned. We have tried to do what is reasonably possible to insure developments. Councilman Browne: Regarding the density factors, should this developer bring in a precise plan for 20 units per acre, and then decide not to develop, and after a two year period another developer ' - 13 - CITY COUNCIL Hearings General Plan Amendment December 8, 1975 Page Fourteen brings in a precise plan for 25 units per acre, under the bonus system what are the requirements to gain the additional 5 units per acre? • Mr. Millers I cannot recall precisely, but they do work in two areas. One is the amount of open space provided per unit over and above what the Code requires. The other is a dwelling unit size that is larger than the minimum setforth in the Code. Given today's economics, tightness of money, etc. (granted, that could change), a person is going to obtain the highest yield with the best product, and not necessarily put,any more into open space than absolutely necessary. Basically, the plan that we have reviewed meets the requirements of the MF-20, but does not qualify for anything higher than 20 dwelling units per acre. Councilman Browne: Isn't there a provision within that zoning structure that should they go larger size floor plans that they could go to a high-rise? .Mr. Mirler's I don't believe so... 35 foot - 2 story. Motion made by Councilman Tice, seconded by.Councilman Browne to approve General Plan Amendment No..1975-3•` Motion carried on roll call vote as followss AYES. Browne, Tice NOES: Shearer, Miller, Chappell ABSENTs None a y COMMUNITY DEVELOPMENT.ACT',,,, First Public Hearing held on November QF 1974'(TITLE I) 24, 1975 and continued to this date BLOCK GRANTS for second scheduled Public Hearing. Second year draft application for Federal funds under the Housing and Community Development Act of 1974 (Title I). Mr. Gus Salazar This is the second of three Public Community Redevelopment Hearings which we -are holding on the Coordinator City's Community :: D.e,velopment Program. Since our last Hearing, the Department of Housing and Urban Development has notified us that our grant has been reduced from $456,000 to $418,000. I have a chart which allocates, in a preliminary fashion, this grant. Mr. Salazar reviewed the following chart with the -City Council. - 14 - • CITY COUNCIL Hearings Community Development Act December 8, 1975 Page Fifteen COMMUNITY DEVELOPMENT PROGRAM 1. Palm View Center $200,000 2. Security Lighting at Palm View Park 30,000 3. Architectural Barrier Removal 20,000 4. Recreation Program (Storage and Equipment) 10,000 5. Home Improvement Program 30,000 6. Comme.rcial'Improvement Program 100,000 7. Citizen Information (Planning Management) 5,000 8. Administration 10,000 9. Contingencies 13,000 $418,000 Mr. Salazars These figures will be presented tomorrow night to the Citizen's Advisory Committee for their discussion, review and recommendation. At -this stage, it is preliminary and it is more than likely that some of these allocations might change. Councilman Shearer: You mentioned three Hearings, is the third one necessitated by the change of allocations? Mr. Salazar: It is required, and it was Notified, that there be two "Need Hearings" and a third Hearing for adoption of the application. THIS IS THE TIME AND PLACE FOR THE SECOND PUBLIC HEARING OF TESTIMONY FOR OR AGAINST THE COMMUNITY DEVELOPMENT ACT OF 1974 (TITLE I) BLOCK GRANTS. Motion made by Councilman Tice, seconded by Councilman Browne to continue the Public Hearing until December 22, 1975. Motion carried. AWARD OF BIDS BID FOR PAINTING CITY HALL, THE POLICE FACILITY AND THE,PARKING STRUCTURE Review Building and Safety Over to December 22, 1975. Bids were received in the Office of the City Clerk up to 10:00 A.M., on Wednesday, November 19, 1975, and thereafter publicly opened and read. Held over from November 24, 1975. Director's Report. Request to Hold Motion made by Councilman Shearer, seconded by Councilman Browne to Hold Over this Award until December 22, 1975. Motion carried. - 15 - CITY COUNCIL December 8, 1975 Award of Bids Page Sixteen PROJECT NO. MP-73003-1 LOCATIONs Sunset Avenue between Cameron SUNSET AVENUE MEDIAN Avenue and San Bernardino Freeway. LANDSCAPING Review Engineer's Report. Bids received • in the office of the City Clerk up to 1000 A.M., on Wednesday, December 3, 1975, and thereafter publicly opened and read. Award contract and authorize the Mayor and City Clerk to execute contract agreement. Motion made by Councilman Tice, seconded by Councilman Shearer to accept the bid of Aldo's Landscaping Company of Long Beach in the amount of $29,271.80, and to authorize the Mayor and City Clerk to execute the contract agreement. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice Chappell NOESs None ABSENTs None PROJECT NO. SP-74007-1 LOCATION: South side of West Garvey TRENCHING AND BACKFILL Avenue and West Covina Parkway. CIVIC CENTER SITE Review Engineer's Report. Bids received in the office of the City Clerk up to 10:00 A.M., on Wednesday, December 3, 1975, and thereafter publicly opened and read. Award contract and authorize the Mayor and City Clerk to execute contract agreement. Councilman Tices Exactly what is going to be done? Mr. Thomas: This is the work that is required for the installation of the electrical service which will provide power for the street lighting system that will be installed along here. The Edison Company installs the electrical portion of its the City has to provide the trenching and backfill for the work. Motion made by Councilman Shearer, seconded by Councilman Tice to accept the bid of A. Art Braeger of Upland in the amount of $4,949.95 for City Project SP-74007-1, and to authorize the Mayor and City Clerk to execute a contract agreement. Motion carried on roll call vote as follows: PUBLIC WORKS PARCEL MAP NO. 884 - • AYES: Shearer, Miller, Browne, Tice Chappell NOES: None ABSENT: None ACCEPTING CORPORATION GRANT DEED FOR SEWER EASEMENT - SANGAVE DEVELOPMENT CO., INC. (EICHENBAUM) LOCATION: Southeast quadrant of Azusa Avenue and Amar Road. Review Engineer's Report. - 16 - CITY COUNCIL December 8, 1975 Public Works Page Seventeen RESOLUTION 5153 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A CORPORATION GRAND DEED EXECUTED BY THE • SANGAVE DEVELOPMENT COMPANY, INC. FOR SEWER PURPOSES AND DIRECTING THE RECORDA- TION THEREOF. Motion made by Councilman Tice, seconded by Councilman Miller to waive further reading of the body of Resolution 5153. Motion carried. Motion made by Councilman Tice, seconded by Councilman Miller to adopt Resolution 5153. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PROJECT NO. SP-,76004 APPROVE PLANS AND SPECIFICATIONS - 9. CITY-WIDE AERIAL PHOTOGRAPHY Review Engineer's Report. Approve plans and specifications and authorize City Engineer to call for bids. Motion made by Councilman Browne, seconded by Councilman Miller to approve Project No. SP-76004. Councilman. Tice: I am assuming that we get quite a bit of use out of aerial photographs. Is there any other way to get this type of informa- tion without using aerial photographs? Mr. Thomas: We have found this to be the most effective method. These photographs are widely used by City Departments for land use work, preliminary engineering, locating facilities, etc. This is the third time, at five year intervals, that we have updated these aerials. We have gotten many, many dollars worth of use from them in excess of what they cost us. Councilman Brownes The Planning Commission has used these numerous times. It has saved many man- hours of on -site work. Motion carried. TRACT NO. 31472 ACCEPTING FINAL SUBDIVISION MAP - KAUFMAN & BROAD LOCATIONs South of Amar Road, east of Nogales Street. • Review Engineer's Report. RESOLUTION 5154 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL SUBDIVISION MAP OF TRACT NO. 31472, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME. - 17 - CITY COUNCIL Public Works December_ 8 . 1975 Page, -Eighteen Motion made by Councilman Browne, seconded by Councilman Tice to waive further reading of the body of Resolution 5154. Motion carried. Motion made by Councilman Browne, seconded by Councilman Tice to adopt Resolution 5154. Motion carried on roll call vote as follows: AYESs Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PRECISE PLAN 257, R2 ACCEPTING CORPORATION GRANT DEED - HOME SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO LOCATION: Southwest corner of Sunset Avenue and West Covina Parkway, West. Review Engineer's Report. RESOLUTION 5155 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING A CORPORATION GRANT DEED EXECUTED BY HOME SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, AND DIRECTING THE RECORDATION THEREOF. Motion made by Councilman Shearer, seconded by Councilman Miller to waive further reading of the body of Resolution 5155. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Miller to adopt Resolution 5155. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENTs None RECREATION AND PARKS COMMISSION (Next regular meeting Tuesday, December 16, 1975 at 7:30 P.M.) HUMAN RELATIONS (Next regular meeting Thursday, December COMMISSION 18, 1975 at 7:30 P.M.) YOUTH ADVISORY COMMISSION (Next regular meeting Tuesday, December 16, 1975 at 7:30 P.M.) ORAL COMMUNICATIONS Mr. Richard Golden I would like to address the Council on behalf of the regarding the initiative matter submitted West Covina Fire . to the City Clerk by the Association. Fighters Association Mayor Chappell: We normally give about three minutes for Oral Communications; can you do that in three minutes? -'18�- CITY COUNCIL December 8, 1975 Oral Communications Page Nine'tedh` / Mr. Golden: I would like to have more time, if the Council would grant that. Mayor Chappell: Does anyone object? Councilman Shearer: I will, Mr. Mayor, if it comes down to a debate between two attorneys over the points involved. That could get pretty lengthy, and I think it could be best accomplished at a time and place prior to the Council:,:meeting. I don't believe that has been done. Mayor Chappell: Is this what you plan to discuss at this time? Mr. Golden: I would like to point out certain points of law that the Association feels are important in considering this matter. I have no intention of involving myself in a debate. I feel that the matter can be covered in a fairly brief period of time'.,' - Mayor Chappell: Did you make any attempt to contact our City Attorney to discuss this with him before coming here this evening? Mr. Golden: No, I haven't. Mayor Chappell: Do you not think that would be the best method of".conducting questions or debates, and then come.to the Council if you cannot resolve your disagreements? Or, do you prefer a public or open debate, whatever we might have here this evening? Mr. Golden: My intent is to bring the matter to the Council's attention. It is not the intent of my client or myself to avoid speaking with the City Attorney concerning this matter. It is an issue that is Agendized for this evening. It was submitted previously, and my understanding was that some of the technical problems had been ironed out. I was recently apprized of a new communication - a letter of December 3, 1975 from the City Attorney, signed by Mr. Wakefi;eld., I would request the opportunity to respond to that and give the Council some of our -.thinking concerning the matter. Mayor Chappell: The objection is to a debate. If we get into a debate, I will declare you out of order and ask you to sit down. Mr. Golden: Alright. Basically, the letter I am referring to of December 3, 1975, from the City Attorney to the City Clerk, concerns the,filin.g.'and acceptance of the petition proposed by the .Association. .The letter indicates that the City Attorney is advising the City Clerk not to file the petition, and cites as the main Sreason, "-I noted in my letter of November 11, 1975, that Section 4005, Election Code, requires that each section of the petition shall _ y -.i9\- CITY COUNCIL - December 8, 1975 Oral Communications Page :zTwntyryfY bear'a copy of the intention and statement as published by the proponents. The purpose of,this requirement is to inform the voters who are asked to sign the petition with reference to its purpose and.the reason for its circulation. No section of the ..petition,as submitted to you bears a copy of the Notice of Inntention..."' I do have, and would like to present to,the Council at this time, a Declaration by Mr: CharlestB hii a Fire Fighter of the City of West Covina, describing the pro- cedures that were followed. This is more a matter of facts for the 'Council to ,consider rather .than a legal -'arg-uuent Mr. Wakefield concedes in his letter that the real purpose of the Notice is to give Notice. I think, if the Council takes a look at .,the documents, which include a copy of the blank petition that -was circulated, a copy of the fact sheet, a copy of instruc- tions'given.to each of the people circulating the petition, it is apparent that all of the information required by a Notice of Intention was available at the time that these matters were being presented to the voters of the City. I think it is also important to note that there is a California -,'.Appellate' Court Case, the Case of Duran vs. Cassidy, which is found iri `-8 C alifornia-_,,:aPpellat:e. ecisions 574, which clearly indicates that there is a very definite limitation on the powers of a City Clerk in accepting or rejecting a petition. Those powers are specifically limited to those issues concerning whether or not the signatures are properly on the petition. In fact, in the Section covering this matter, 4008 of the Elections Code, it indicates that, "If from the foregoing..." that is'an examination of the names, "...the Clerk determines that the number of signatures prima -facie equals or is in excess of a minimum number of signatures required by this Article, the Clerk shall accept the same for filing, and it shall be filed as 'of the date of the Clerk's determination." This is not a -situation where there is a voluntary or non-specific requirement, it says %,, the City Clerk shall accept the petition for filing..." Based on first the technical ground, I feel it was inappropriate for the Clerk not to accept the filing. And, then going beyond that, the issue of what Notice was actually given when this particular petition was circulated. I think, the Council in looking at the facts as they have been presented, can find that the intent of the requirement has been complied with. With those few preliminary matters in mind, I would certainly like to answer any questions that the Council has concerning the particulars of the circulation of this initiative petition and the position of the Fire Fighters con- cerning the law.'as it relates to circulation of the petition. Councilman Shearer: Are the Fire Fighters concerned with getting the matter on the ballot, or are they more concerned with what • vehicle is used to get the matter on the ballot? Which is of param unt 2, concern to the Fire Fighters? Mr. Golden: I cannot'speak directly for the Fire Fighters, but I would assume that they would have no objection to having their s , CITY COUNCIL December 8, 1975 Oral Communications" Page Twenty-one initiative matter as stated in their petition put on the ballot by any means. But, I cannot speak for them; they would have to speak as to that sort of policy issue that is beyond the legal issues involved. •Mayor Chappell: Are there any more questions? (There were none.) Would anyone else like to speak under Oral Communications? Mr. "Patil__Barrett_ Speaking on behalf of the Fire Fighters, 846 S. Union on the same issue, I would like to take Los Angeles, Ca. the opportunity to respond to Council- man Shearer's question,,.and to ask a question. Agendized Item G-4, is that in reference to the matter that we are now discussing? Mayor Chappell: Yes, it is. Mr. ; Barrett: ,? Would it be possible to see a copy of that Resolution? (He was provided a copy.) There are some two pages in text here. I would like an opportunity to look at them. Would I be afforded the opportunity to address Council on this matter when it comes up, or am I limited to this particular time? Mayor Chappell: If the Council does not object, I,wil1 call on you to make a statement after the City Attorney's statement and prior to the City Council discussion. Mr. `Barrett:, Thank you. At that time I will also address Councilman Shearer's question. THE MAYOR CALLED A RECESS AT 9:00 P.M. THE COUNCIL RECONVENED AT 9:25 P.M. AFTER THE MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY AND THE MEETING OF THE PARKING AUTHORITY. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,.,.CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS T0. REZONE CERTAIN PREMISES (Zone Change No. 494 - City Initiated) LOCATIONS: California Mini-Parkette - 851 S. California Avenue, . Cameron Park--,1305 E. Cameron Avenue, Del Norte Park - 1500 W. Rowland, Friendship Park - 3740 S. Sentous, Orangewood Park - 1615.W. Merced, Palm View Park - 1340 E. Puente, Walmerado Park - 624.E. Merced, Cortez Park - 2441 E. Cortez, Galster Park and Baseball Park - 1620 E. Aroma Drive. CITY COUNCIL December 8, 1975 City Attorney Page Twenty --two= Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said Ordinance. Motion carried. Motion made.by Councilman Tice,. seconded by Councilman Shearer to introduce said Ordinance. Motion carried. ORDINANCE The City Attorney presented: 'INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING PART 16, SECTION 9216 OF THE WEST COVINA MUNICIPAL CODE RELATING TO UNCLASSIFIED USES (Amendment No. 131) Motion made by Councilman Miller, seconded by Councilman Browne to waive further reading of the body of said Ordinance. Motion carried. Motion made by .Councilman Miller, seconded - by Councilman Browne to introduce said Ordinance. Motion carried. ORDINANCE NO. 1283 The City Attorney presented: ADOPTED AN..ORDINANCE OF THE CITY COUNCIh OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST 'COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change No. 493-A' City Initiated) LOCATION: Southwest corner of Citrus Street and the San Bernardino Freeway. Motion made by Councilman Browne, seconded by Councilman Miller to waive further reading of the body of Ordinance 1283. Motion carried. Motion made by Councilman Browne, seconded by Councilman Miller tota.dopt Ordinance No. 1283. Motion carried on roll call vote as follows: AYES: Miller, Browne, Tice, Chappell, NOES: None ABSENT: None ABSTAIN: Shearer RETIREMENT BENEFIT & Mr. Wakefield: At your last meeting you TAX RATE INCREASE asked the City Attorney to prepare and PROPOSITION TO THE submit for your consideration the form VOTERS of a proposal which would authorize the City Council to submit to the voters of the City those items of additional retire- ment benefits which are contained in the initiative petition being circulated by the Fire Fighters Association except extending the benefits to those City employees who are..eligible under State law to receive those benefits. This would include all employees in three instances, and Policemen and Firemen only insofargh.s the so-called CHP Plan is concerned. I have drafted the form of a resolution for your consideration simply as an illustration of the means Iby which the proposal could be submitted to the people together with CITY COUNCIL December 8, 1975 City Attorney Page Twenty-three a form of proposition which would appear upon the ballot if the City Council acts to adopt the resolution. The instructions to me'also included the consideration of alternatives. I have discussed the alternative with reference to the exclusion or inclusion of the tax rate increase along with the proposal. As I indicated in my letter, the provisions of Senate Bill 90, the legislation establishing maximum tax rates for cities, indicated that those retirement benefits which were provided pursuant to a law which had been approved by the voters of the people were not included within the limits of the tax rate maximum tax rate, and the maximum tax rate could be exceeded to pay for all such benefits. However, as I view it, if the tax rate increase proposal is not included as a part of the proposal itself, the voters of the City are not fully informed as to the consequences of the action that they are being asked to take in connection with casting their vote upon the proposition. In addition, I think it needs to be pointed out that the form of the benefits which are proposed are four alternatives which are available to cities and which can be provided for city employees by amendment to the city's existing contract with the Public Employees Retirement System. At the time of the negotiations with the Firemen's Association, the Firemen were considering and proposed to the City, and appeared before the City Council to ask that Item No. 3 in the list of -benefits (that is the survivor's benefits upon the death of an employee) be included as a part of the benefits that were provided for the Firemen, as a result of the Meet and Confer Sessions. The additional benefits included in the petition were not presented for consideration as a part of the Meet and Confer issues. All four of the classes of benefits are alternative's in the sense that the City Council might submit one or more or all four, as you may elect to act upon. There is a Staff memorandum which sets forth the costs of the improved retirement benefits as requested. Obviously, the Staff can do nothing more than actually estimate what it believes those benefits will turn out to cost in terms of dollars. But, there is also on the City Attorney's Agenda a resolution which would request the Public Employees Retirement System to conduct a survey and to report back with reference to the specific estimated costs of the improved benefits. So, in order to have a reasonably accurate and precise figure, that survey would need to be authorized by the City Council. Councilman Shearer: Referring to the proposed resolution and Ordinance, this has to do with the problem of the tax rate, Mr. Wakefield. If I understood you correctly, there is no legal basis for including the tax rate. Is that correct; we do not have to do it? Mr. Wakefield: You do not have to do it. In other words, if the proposition for increasing the benefits is submitted to the people with - 23 - CITY COUNCIL City Attorney December 8, 1975 Page Twenty-%ur. • nothing more and the people approve it, then automatically they have voted to increase the tax rate. Councilman Shearer: If the tax rate is included and it passes, and in subsequent years the cost of this benefit goes up, what recourse does the Council have? Mr. Wakefield: Essentially, the form in which the proposition is cast seems to impose a maximum upon the amount of taxes that could be levied for this particular purpose, and, if the point should be reached at sometime in the future where that number of dollars would not fund the cost of the additional benefits, the City Council would be faced with the necessity to go back to the people for additional authorization to increase the tax rate further or would be obligated to find the money within existing sources of revenue. Councilman Shearer: If we went back to the voters at a subsequent date - for illustrative purposes, let us say the cost had gone up five cents, and it was rejected would that amount to rejecting of the benefits or... If this passed with the specified tax rate, would the benefits be guaranteed for 99 years? Mr. Wakefield: The benefits would be guaranteed to the people who were employees at the time the additional benefits were made available. At sometime in the future, the City Council might amend the contract to exclude new employees; that is, employees who became employees after the date of exclusion. But, the rights of existing employees at that time would have been invested. Councilman Shearer: On page 2, the first Section 2, reading from the botton,three lines, "...which increase in the maximum property tax should not exceed blank cents per $100 of assessed valuation of all taxable property within the City." Could we add to give us flexibility, "...in the City for the fiscal year 1976-77." Would that allow us to add another cent or two in 1978? Also, then the same question would be down in the body of the proposed proposition if we would say, "...which increase shall not exceed blank cents per $100 of assessed value..." and adding the words, "...for the fiscal year 1976-77." That would not tie us to say, for instance for the sake of a figure, 33 cents. In the first Section 3, would there be any problem, as you see it, with making the effective date July 1, 1976 rather than 10 days after the date of adoption. The reason I ask that question is that we have already set the tax rate for 1975-76; and we have no money to fund such an increase effective.10 days after March 2, 1976. Mr, -,.,.,Wakefield,.: What is setforth in Section 3 is simply verbatim language from the Elections Code with reference to the effective date of propositions submitted to the people. You will note that the Ordinance simply authorizes and directs the City Council to take the action that is necessary - �24 - CITY.COUNCIL" December 8, 1975_ City Attorne"r Page Twenty—five to amend its contract with the Public Retirement System and, obviously,: that is going to take sometime. And, in order to 4 calculate costs to pay both the employees share of the contribution and the City's share,,those amendments will need • to be effective'as of a specific- date. I°would assume that :would be the,'place that the effective date would be established. However, there -is no objection to changing Section 3 to specifically callout a time at which the Ordinance would become effective and., I would assume that in that event, by the time it did become effective,-the.change.s in the Public Employees contract would be adjusted -to become effective at the same time. But, the theory of the Ordinance is, again it goes back to what I consider to be a basic problem in this particular circumstance, where the State law establishes a procedure for the amendment of the contract between the .City and the System and that procedure requires the adoption of resolutions of intention,,, and ultimately the adoption of an Ordinance implementing the amendments in the contract. So, the thrust of this Ordinance simply is to authorize and direct the City Council to take whatever action the law specifies for amendment of a contract and does not become immediately effective in the sense that as soon as the people vote on the proposal, if .they vote affirmatively, that it will.amend the contracts at this time Councilman Shearers As written we could pass it; we could make the contract amendment effective at some future date. Obviously, if we .made it 1985, I think we would have a law suit on our hands. I am talking about July 1, 1976. Mr. Wakefield: Yes, July 1, 1976 or January 1, 1977, whenever. Mayor Chappell: I may have missed the point using specific dates. Would that not confuse the voter? He might think that he was voting'for something for only one year,,and not a continual tax increase to pay for this project. The School Board limits the time of taxation.to a certain number of years, and, when that year ends so does the tax increase. Mr. Wakefield: I guess that there are as many ways to say things as there are scribners. I would think that you have raised a valid point and I would be inclined to redraft the language of the Section to turn it around and put the referenceto the fiscal year `1976-77 at the beginning so that the'tax rate for the fiscal year 1976-77 shall not exceed so many cents, and thereafter the amount that is required to fund the benefits. Mayor Chappell: I think you will have to do that because even myself, as a voter, I might say that this is just a one year obligation, great. Then the next time I got my tax bill, I might be unplea- santly shocked. Councilman Shearers Right. I have.no hang-up on the wording, as long as we don't tie ourselves to a specific income to fund the benefit which might be insufficient at a future date. r CITY COUNCIL City Attorney December 8, ,19,75. Page Twenty-six Councilman Shearer: I have my questions answered. I am going to propose that the City.Attorney redraft the two Sections dealing with the tax rate in such a manner that they provide this flexibility - the cost of the benefit can be fully funded by future Councils,and,that it then be placed on the ballot. Hopefully, we will get this back at our next meeting. Will there be sufficient time by the next meeting to still place this on the ballot? Mr. Wakefield: Yes. I guess maybe Mr. Eliot would have a better idea than I as to how long it might take PERS to come up with some figures. I do not think that information would be available by your next Council`meeting, but in any event, I would prefer to redraft the resolution and come back to you at your next meeting. December 22, 1975 would not be too late. Councilman Tice: Of the several items being proposed by the City Attorney, there is one that concerns me very deeply because it opens up Pandora's Box and I do not think it'is really fair to put on the ballot. That is to count military service or Merchant Marine service in the retirement time. We don't have any cost figures for it for one thing, and this could be quite a large amount. Someone could spend 20 years in the service and work for the City only five; that could be a pretty costly figure. I notice in the material that no military buy-back time is shown. They don't know, it is too hard to estimate. I would propose that if we do put this on the ballot that Item 2 be deleted. I also have some questions about Item 1 - using the high single year rather. than three years retirement. There are some questions there; that could be pretty costly. the military buy-back. Those two items really concern me, especially Councilman Shearer: All four of the items concern me as a tax- payer. I am not stating a position for or against anyone of the particular items. I am trying to respond to the petition,that has been circulated by the Fire Fighters. As I recall, these are the four points that are included in the petition. The highest single year rather than three, military service, etc. These are verbatim from the petition as we instructed Mr. Wakefield. That is the basic concept. There are some legal differences between the two counsels. On one hand our City Attorney advises us (and we are almost obliged to follow his advice,or get a new attorney, and I don't say that disrespectfully) to reject the petition. That,places us in a position of being vulnerable to such comments that we are using technicalities, loopholes, or whatever, to keep something away from the voters. • Each one of us, collectively or individually, can campaign very vigorously if we so choose for or against the particular items. If it were up to me, I might say no on all four, but that says we are not going to put it on the ballot, and that is the concept. 0 CITY COUNCIL December 8, 1975 City Attorney Page Twenty-seven Councilman Tice: Councilman Shearer, I think if we follow your logic on this, some cost factor has to be given to the public on the military buy-back. If this is adopted we have almost a 34 cents tax increase, but we have no idea whatsoever on the military buy-back. I do not think that is fair to the public. Councilman Shearer: It would not be my intent to vote for this to be placed on the ballot until such time as we get the results from the PERS with the full cost. 33 cents plus the question mark - it may come out to be 50 cents; it may come out to be 38 cents. Put the total amount on there, no question about that. Mr. Wakefield: The military pay -back problem is a difficult one to cost out because theoretically, under the Statute, the employee pays both halves of the contribution rate required. He pays his own half plus the public agency"s half. Concededly, he pays at reduced rates depending upon how long ago he came into service of the City, and what his contribution rate was at that time. It is for that reason that it is difficult to cost out - you almost have to analyze it employee by employee. Councilman Tice: Mr. Merrit, was it your intention to have the military buy-back as part of your petition? Mr. Barrett:_v Yes, it was. And, military buy-back,. for Council's knowledge, is an individual item by employee as Mr. Wakefield indicated. What is being asked here is the military buy-back for time since this agency has contracted with PERS is automatically included in your actuary cost of the program. What this does is provide an employee who has military service prior to -the time when this agency contracted with PERS, and then -subsequently became an employee, to utilize that time. And, they'are asking for the agency to pick up .that cost as well. Councilman Tice: You are asking for the agency - the City of West Covina, to pick up that buy-back time. Mr. Barreft:� Yes. You contracted in 1966, so we are asking that any Fireman who had military service up to a maximum of four years prior to 1966'and wanted to use that time to retire at his required age, that the City fund that. It effects a very few employees. Councilman Tice: That is quite an open deal. It really bothers me from the standpoint that we cannot show the taxpayers the actual costs. We are taking a guess; we do not know if the rate we have here is even valid. Mayor Chappell: Mr. Eliot, would that information be available to us by the time we put this on the ballot? - 27 - CITY COUNCIL City Attorney December 8, 1975 Page Twenty-eight Mr. Eliot: I have spoken with the•Actuary in Sacramento, Mr. Yang. We would probably have to go on their best estimate. I don't know whether or not they would be able to accomplish a • detailed study of each employee within the time limits to get the item on the ballot. So, the best we can get is an estimate. I would have to agree that probably the dollar cost would not be too far off from the estimates because it is not a large item. It is probably the smallest item of all four you are looking at tonight. Mayor Chappell: In dollars it might be the smallest, but in taxpayers' thoughts it might be a big item. It could shoot this down, and that is not the object of putting it on the ballot. Mr. Eliots I don't know. Mr.. Barrett: ✓ I have been able to peruse the proposed resolution.by Mr. Wakefield. Both Section 2's where it leaves a blank to the amount of money involved, I think is, obviously, very impor- tant to us too. Our presentation to the citizens was over an issue that we felt we were justified in asking for. We do want and do request the Council to place it on the ballot as we circulated it to the voting public of West Covina without.any amendments or any additions. We feel that we have a good -faith obligation to the 3100 citizens who signed the petition, who asked for that'.in that precise manner. In the retirement benefit that we are asking",for• her.e., I think the Council addressed itself to the question, "Well, if it is fair, let us be fair to all employees. If it is a good benefit, let us extend it." But, the fairness doctrine,,as t`relates to this particular item, does not relate in other items th-roughout the employee benefits and the three employ.ee;,organizations.. There are some substantial differences - educational incentive.pay, etc. I went through and put a pencil to those'in terms of'dollars and cents so you can realize what we are. asking for here. The general employees realize about an 8 to an 82 percent increased overall wage package in terms of their`benefits"more than the Fire Department employees. The Police probably'runs a little closer to 10 percent; it!would depend upon the level of participation in the educational incen- tive program. So, what we did was, in terms of overall compensa- tion7', try,to,balance within an area that has some high significance and high priority for the men involved. The widows and orphans, and the single highest year were the two that we pressed most strongly for at the bargaining table and did not get. The two percent at fifty and the military buy-back were on the table at all times up until the last one or two sessions. So, in terms of equality, we are asking for • a retirement benefit that would bring our overall compensation into line with the general and.Police employees of the City. The resolution as drafted here would have a cost impact that I feel would be unjust to the citizens of West Covina. Councilman Shearer alluded to a 33 cent cost. I went through it and I came up with somewhere between 28 and 32 cents just very quickly off f CITY COUNCIL December 8, 1975 City Attorney Page Twenty-nine hand knowing the figures that I know. So, that is probably a pretty accurate figure. We are asking for a 10 cents raise because we feel that would fund our program. We are not asking for it in negotiations; we are asking for it as a ballot measure. Let .the voters themselves decide on it. This is a means of resolving an impass issue that was.not able to be resolved during Meet and Confer. If the voters do turn it down, the 10 cent item, then we know where we stand. If they adopt it, we will feel that we have simply accomplished an overall compensation package that is on -balance with the'other employees of this City. So, in answer to Councilman Shearer's question, yes, I would object to this resolution in its present form appearing on the ballot. We feel that this is not repre- sentative of what we went out to do; it would not represent what the 3100 people who signed the petition were in fact signing for. Mayor Chappell: If we vote on this now, Mr. Wakefield, what are we voting on? Mr. Wakefield: I think Councilman Shearer's motion... Councilman Shearer: I have not made one yet, but I will. Councilman Tice: I have a question, Mr. Mayor. This additional,information submitted by the Fire Fighters Association this evening, will it have to be checked out for validity? Mrs. Preston: You will have to.check the legal aspects of it with the City Attorney. 'Councilman Shearer: It would be my intention that if the difficulties, disagreements, technicalities, loopholes - whatever we wish to call them, are worked out, and the petition, in fact, as presented by the Fire Department is acceptable and qualifies for the ballot, it would be my intention then to ask that the Council concur in placing also on the ballot (in addition to the one for the Fire Fighters) one for the Police and the Miscellaneous Employees. So, if they do qualify, assuming that I have concurrence, we would have one measure covering the Fire Fighters, and one covering the Police and Miscellaneous Employees. The measures with cost factors for each. Each one would have to carry its own weight. Councilman Tice: I think that would be a fair approach since it was the Fire Fighters who took up the initiative petition. Mayor Chappell: You would have three.then - the Fire Fighters, the Police and the Miscellaneous Employees. • Councilman Shearer: You know, frankly, I would hate to.see that because we might have associations working against each other to further their own cause. I would like to see how the matter resolves itself with the petition', before we make a decision on that. Mayor Chappell: Mr. Wakefield, have we had a decision on a petition? - 29 - • 0 CITY COUNCIL City Attorney December 8, 1975 Page Thirty Mr, Wakefield: I have given my best advice to the City Clerk. The matter was carefully researched before the advice was given. I, frankly, am not inclined to change that advice on the basis of anything that has been said here this evening. Councilman Shearers I would have no quarrel at this time if the Council would prefer to instruct the City Attorney to prepare three separate issues - one covering the Fire Fighters, one covering the Police and one covering the Miscellaneous Employees, rather than one. Councilman Tices I think that seems like a more logical approach. Mayor Chappell: The Firemen.' -did initiate this, and they did take around the petition and receive some three thousand plus signatures. But, in eight years on the Council, I have seen requests from each of the organizations come, and when we give something one year, within three or four years we had to give it to all of them. So, therefore, I would say that we should put this on the ballot in three separate propositions so that each voter will have the decision to make.. Those 3,000 who signed,the petition - if they come out and vote, in past history would carry it quite handily. But, 3,000 votes are not too often accomplished even for election to the City Council, so_..I only say to the.Firemen, "You have your built-in voters.already.'" The other organizations have to work to get their votes. .>. If we give this just automatically to one organization - especially these things that are highly important, the Police have asked for these things time after time, the other organizations are going to come in and ask for it at the bargaining table, and then we will have another impass. So, I agree with Councilman Shearer on the concept of three. We are attempting to do something that we cannot do as Councilmen because of the laws that we have and the budget. We cannot raise the taxes 10 percent to give the item to the Fire Department even though they did pass a petition,.; ' If we could have, we probably would not have come to an impass at the last negotiation. The only way that we,can allow this increase of taxes is to allow the taxpayers to;,vote. for it,.and give them what they are asking for.. Perhaps other cities'aro.und us have done this already where they could afford.it. Councilman Miller:, I concur with your comments. Motion made by Councilman Shearer, seconded by Councilman Tice to instruct the City Attorney,to draft three separate ballot propositions covering the four_ additional benefits; one for the Fire Fighters, one for the Police'Officers, and one ,for the Miscellaneous Employees,incorporat.ing the intent.of the language we discussed earlier to give us the flexibility for the tax structure, and to instruct Staff to furnish estimates for the military pay -back. Motion carried on roll call vote as followss AYESs Shearer, Miller, Tice, Browne, Chappell NOES: None ABSENT: None - 30 - CITY COUNCIL December 8, 1975 City Attorney Page Thirty-one RESOLUTION 5'156-} The City Attorney presenteds ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE PUBLIC EMPLOYEES RETIREMENT SYSTEM TO • CONDUCT A SURVEY OF COST FOR IMPROVED RETIREMENT BENEFITS. Staff Report. Motion made by Councilman Tice, seconded by Councilman Browne to waive further reading of the body of Resolution 5156. .Motion carried. Motion made by Councilman Tice, seconded by Councilman Browne to adopt Resolution 5156. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None RESOLUTION 5157 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL O'F THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT NO. 30233. (Leendert Schonewille & Assoc.) Motion made by Councilman Browne, seconded by Councilman Tice to waive further reading of the body of Resolution 5157. Motion carried. Motion made by Councilman Browne, seconded by Councilman Tice to adopt Resolution 5157. Motion carried on roll call vote as follows: AYESs Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None RESOLUTION 5158 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DESIGNATING TAXATION DISTRICTS FOR THE FISCAL YEAR 1976-77. This is a routine Resolution that must be adopted before the first of January of each year. Motion made by Councilman Browne, seconded by Councilman Shearer to waive further reading of the body of Resolution 5158. Motion carried. Motion made by Councilman Browne, seconded by Councilman Shearer to adopt Resolution 5158. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None - 31 - CITY COUNCIL City Attorney December 8, 1975 Page Thirty-two • RESOLUTION 5159 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DESCRIBING A CERTAIN PORTION OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT. (EAst.erly Annexation District 220) Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of Resolution 5159. Motion carried. Motion made by Councilman Tice, seconded by Councilman Shearer to adopt Resolution 5159. Motion carried on roll call vote as followss AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None APPROVAL OF.EAST Mr. Wakefield: This item is accompanied SAN GABRIEL VALLEY by a Staff Report which recommends the REGIONAL OCCUPATIONAL approval of Agreement with the East San PROGRAM AGREEMENT FOR Gabriel Valley Regional Occupational Center. AFFILIATION WITH CITY and the City of West Covina for providing OF WEST COVINA training for participants in the Occupational Training Program. Councilman Tice: This was discussed quite extensively by the Personnel Board at their last meeting. It is of no cost to the City; it is a work experience program. I would like to recommend approval. Motion made by Councilman Tice, seconded by Councilman Browne to approve the Agreement. Motion carried on roll call vote -as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None APPROVAL OF AUTOMATIC Mr. Wakefield: This item is accompanied AID AGREEMENT BETWEEN by a Staff Report which recommends the LOS ANGELES COUNTY FIRE approval of an Automatic Aid Agreement DEPARTMENT & WEST COVINA between the Los Angeles County Fire Department FIRE DEPARTMENT and the West Covina Fire Department. It is a mutual aid type of response. In certain areas both Companies will be called 'and both will respond; the first one to arrive at the scene will be responsible. Motion made by Councilman Browne, seconded by Councilman Shearer to approve the Agreement. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None - 32 - CITY COUNCIL City Attorney December 8, 1975 Page Thirty-three APPROVAL OF ASSIGNMENT Mr. Wakefield: This item is the OF JOINT"MANAGEMENT approval of the assignments of the AGREEMENT BETWEEN SYLVAN Joint Management Agreement between S. SHULMAN CO. & CITY OF Sylvan S. Shulman Company and the • WEST COVINA, REDEVELOP- City of West Covina, the Redevelop- MENT AGENCY & PARKING ment Agency, and the Parking Authority AUTHORITY OF THE CITY OF of the City of West Covina to Union WEST COVINA TO UNION BANK Bank. They are the same Agreements, which you considered as the Redevelop- ment Agency and Parking Authority. Motion made by Councilman Browne, seconded by Councilman Miller to approve the Agreement. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Chappell NOES: None ABSENT: ,� None ABSTAIN: Tice (conflict of interest) CITY MANAGER REQUEST FOR LEAVE OF Motion made by Councilman Tice, seconded ABSENCE WITHOUT PAY by Councilman Browne to approve a leave Danny Robertson of absence without pay for Danny Robertson. Motion carried. REQUEST TO ATTEND LEAGUE Motion made by Councilman Tice, seconded OF CALIFORNIA CITIES by Councilman Browne to approve the REVENUE & TAXATION request. Motion carried on roll call COMMITTEE MEETING,'THURS., vote as follows: JANUARY 15, 1976 IN AYES: Shearer, Miller, Browne, Tice, SACRAMENTO Chappell NOES: None ABSENT: None Mr. Aiassa: PETITION FROM WEST GLENDALE STREET RESIDENTS RE WALL (TOPA) Gouneilman'".Shea.�re.r=i `. � :�: hopefully,"before 30 or 40 The Revenue Taxation Committee that I am on is the Committee that advises the Board of Directors of the League. Motion made by Councilman Shearer, seconded by Councilman Browne to Receive and File. Motion carried. That is with the understanding that things progress satisfactorily. If not,I would want to hear from Staff people come. Mr. Miller: It is anticipated that the wall will begin construction Monday or Tuesday of next week and be completed by the end of that week. COMMUNITY FIRE PROTECTION Staff Report and a recommendation to ,MASTER'PLAN FUNDING transfer $5,000 from Revenue Sharing into the Community Fire Protection Master Plan Study Account. Motion made by Councilman Shearer, seconded by Councilman Miller to approve the Staff recommendation. Motion carried on roll call vote as follows: AYES: Shearer, Chappell NOES: None ABSENT: None - 33 - Miller, Browne, Tice, CITY COUNCIL City Manager December 8, 1975 Page Thirty-four UNCLASSIFIED USE Motion made by Councilman Shearer, PERMITS REVISIONS seconded by Councilman Miller to Staff Report Receive and File. Motion carried. • GOAL AND POLICY STATEMENTS Motion made by Councilman Shearer, OF THE GENERAL PLAN seconded by Councilman Miller to Staff Report Receive and File. Motion carried. PROGRESS REPORT ON REQUEST Motion made by Councilman Tice, seconded FOR REZONING BY MR.HOUSER by Councilman Browne to Receive and File. Staff Report Motion carried. 1976-77 BUDGET REVIEW Request for Council meeting December 18, Staff Report 1975, The'•Council indicated they could all be present at 4:30 P.M. this date. TRAFFIC COMMITTEE REPORT Councilman Browner I am not fully EVANWOOD AND DURNESS satisfied with the Report that was returned. The recommendation seems to be getting deeper and deeper involved. It seems like a long way around to meet the demands of the people in a neighborhood seeking the safety of their children. (He reviewed the recommendations by Staff.) I really think that is a long way around to meet the demands of some of our citizens. Councilman Miller: Is it legal to have radar at 25 mph? Mr. Thomas: Under the Vehicle Code provisions relating to speed traps, we cannot legally enforce the 25 mph speed limit.;; using radar. It does support a 30 mph speed limit. Councilman Miller: Then my feeling would be this. If the multi -stop signs can be approved, delete recommendations 4 and 8. Councilman Tice: Isn't there another practical way that this can be approached besides what has be covered here in these eight items? Councilman Shearer: I am going to make by "Defense of the Engineer" speech again. I think I have already made it eight or nine times, but maybe some of our new Councilmen have not heard it yet. In this case, I respect the comments of Councilman Browne and the other. Councilmen, but I don't think we can criticize the Traffic Committee. They are professional people and make professional recommendations -based upon good traffic engineering, which most of us are not, even though we might like to think we are. If the Council wants to vote to put up the stop sign, I think we ought to have a motion that says the Council accepts the recommendation of the Traffic Committee, but we don't • like it, or we don't believe it, and we want to put up a stop sign. Any modern car, after it stops at a stop sign could be in excess of the speed within 50 or 100 feet. Stop signs are a poor excuse for controlling speed. They just don't have - 34 - CITY COUNCIL December 8, 1975 City Manager Page Thirty-five the application. A stop sign. -All -placed also tends to breed security. I can recall the other day - I caTi't recall just where it was, but, we were driving along and we came to a stop sign at a T=street and my wife, who is not a professional • engineer, said, "That is a dumb place to put a stop sign." Now, I didn't mean that disrespectfully, but that is one of the principles of traffic signing. To put traffic control in places where motorists don't expect it, it becomes not a sign that is observed, but more aptly a sign that is not observed and children walk across the street thinking that automobiles.are going to stop. In that way we might well encourage rather than discourage problems. You may not agree, but I think that if you want stop signs on Durness and Evanwood, the only way we are going to get them is not to ask the Traffic Committee to come in and make a recommendation to do it; we are going to have to make a motion, vote on it, and then the signs are going to go up. Councilman Browne: While Iappree ne.- your comments, I still have to disagree with the philosophy here. I am not a traffic engineer, but if the people in the City in a specific area repeatedly come before the City Council with the request for stop signs, safety provisions, I think we should grant their request. Motion made by Councilman Browne, seconded by Councilman Miller to install a three-way stop sign on the corners at Evanwood and Durness. Councilman Tice: Is there some other method of doing this with :other types of signs and still meet the recommendations of the Traffic Committee to curtail the speed. Something new perhaps. Mr. Thomas: The, most effective method of curtailing speed is to so design the local streets that through traffic is discouraged. Curvelinear alignments are so designed to match the speed desired on the roadway. That boat was missed 20 or 25 years ago in this area. Any other approach is at best a "bandaid" treatment. The stop sign request, though it has come from the neighborhood and I am'sure that they are well-meaning in what they are requesting, we have found from past experience as have many others that it just doesn't answer the question. In fact, it can breed more problems. Councilman Shearer eloquently stated the viewpoint of the profession on this particular item. These other recommendations, though they are somewhat lengthy, are geared towards two things. One is to provide an awareness to the driver that there is a school crossing . at this location. The average driver will be more alert during the period when children will be going to and from school. And, we do have more tools available at the present time in the way of school crossings and signs than we did in 1970. Additional signs have been approved by the California Traffic Control Device Committee for this purpose. You have seen some around the City. However, in this area the signs lose some of their impact because there is already posted a 25 mph sign that is not too highly regarded. - 35 - CITY COUNCIL December 8, 1975 City Manager Page Thirty-six The recommendation regarding the raised median and the enforcement are intended to (1) discourage through traffic in the area - get the traffic out of there and you eliminate the problem, and (2) the enforcement element is considered to be : the most effective tool for controlling speed on the roadway. The problem we are faced with,however, is the only practical method of controlling speed on that short stretch of street is radar. And, the speed limit currently posted is not enforceable by that method. Hence,'the recommendation for a 30 mph speed limit. These are the problems we are dealing with, :We have examined the adult crossing guard; the location does not. meet the criteria for an adult crossing guard based upon the Standards adopted by the Traffic Committee. The primary reason is an insufficient volume of traffic on the street. The complaint does not center on traffic, it is primarily concerned with speed. Re the recommendation for a sign on Evanwood, it is in accordance with good engineering practice in that it places the requirement for yielding right-of-way on the minor street. -Based on traffic volume, Evanwood is the minor street. There have been problems in the area with relation to high speed turning movements into the intersection. In fact, the accident which generated the most recent request involved a motorcyclist who was turning at the intersection. The problem on local streets is a very difficult one to approach. The most effective tools are really not available because of street designs. The next best thing is an attempt to discourage or control use of the street. Signing alone is not an effective means of control unless it is to warn the motorist of a condition that appears to the average motorist to be reasonable. The Traffic Committee tries to review everything in an objective manner, base the judgments on sound engineering practices, and the result of that process is what you have before you tonight. Mayor Chappell: When do you think recommendation number 8 could be completed? Mr. Thomas: We have recently been required to submit a transportation improvement program to SCAG for the use of Federal aid funds that are expected to be allocated for the 1976-77, 77-78 fiscal years. The project that we would be doing with those funds would be on Sunset Avenue in this area, including the installation of a raised median, widening and installation of a drainage facility. It is conceivable that if we proceed with that program that it would be within three years that the raised median could be installed. Councilman Miller: I am not an engineer, so from a layman's standpoint, it seems to me to raise the speed limit on the street 5 mph and then setup radar, it is pretty hard to justify to the people in the area the reason for raising the speed. It still calls for a policeman to be down there to work the radar. Given the fact that you have a stop"sign there to be observed, what is the difference if the policeman is sitting there to watch a stop sign or radar? I don't see the difference. With the stop signs, at least, the speed is still 25.mph. - 36 - CITY COUNCIL December 8, 1975 City Manager Page Thirty-seven Councilman Browned I would like to further allude to your sophisticated signing. I travel Cameron Avenue every morning somewhere between the hours of 7130 and 9:00. It is not a .det;errentto speed because I adhere to the speed along there, and every car that goes along there is doing.a minimum of 40 mph. So, you don't have enough radar within the City; you don't have enough policemen within the City to enforce all of these things. Item number 8 cannot be implemented for another three yearq,. I would go along with all of this; I appreciate your comments and concerns. But, we have concerned citizens. If there is such a time when all of these items here can be implemented, remove the sign from Durness if you think that -is going to do it. But, at this juncture, I think that we have to take some sort of emergency action to meet the needs of the people down there. Councilman Tice: Would you consider amending your motion to request review of the situation in 6 months or a year? Councilman Brownes I would be open to anything that would get something done down there at this time. If all of these other items can be implemented at sometime in the future and they take care of the problem down there, it would be justified. But, until such time as something better comes up, I still stand on the three,stop signs. Mayor Chappell: One comment was made that we cannot radar 25 mph cars, but'here is a recommendation that the Police Department be authorized to use radar equipment on Durness Street between Sunset Avenue and California for the purpose of effectively enforcing the 25 mph speed limit. Is -that an incorrect statement? Mr. Thomas: That was a recommendation made in 1970. At that time it was legal to do that; it has since changed. Councilman Shearer: That is another example of the State legislation designed to protect somebody. In this case, I guess it was designed to protect speeders, and helped to create the problem we have as well as many others. Mayor Chappell: I would like to see you include updating of the signs in the area to warn the motorists of the situation. Councilman Browne: Alright. I can modify that. But, my interpretation of the Staff recommenda- tion was that they were giving alter- nates to what I was asking for. I would not hesitate to ask for the updated school signing, but I don't know what the centerline striping would provide. I have not seen any plans; would that be • the whole distance of the street? Mr. Thomas: The intent of the Traffic Committee Report would be to place a skip yellow centerline the full length of the street between California and Sunset. If the stop sign were to be approved, under the Vehicle Code the school zoning signing should actually be removed because it calls for a condition in conflict. It calls for a "slow" condition, rather than a "stop" condition, and the stop sign would take precedence. - 37 • CITY COUNCIL December 8, 1975 City Manager Page Thirty-eight With regard to enforcing the school zone signing, the section of the Vehicle Code that establishes the 25 mph prima facie speed limit for school zone signing, I believe is exempt from that Radar Speed Trap portion of the legislation. So, within the limits of the school zone, conceivably you could use radar to enforce that speed limit even though the speed limit was not supported by a Traffic Engineering Study because that speed limit is specifically adopted for school zones. However, the problem we are faced with on Durness is that the length of the school speed zone is extremely short. Mayor Chappell: Alright, we have a motion, is there any more discussion? Motion carried on roll call vote as follows: AYESs Miller, Browne, Tice, Chappell NOES: Shearer ABSENT: None REQUEST FROM CALIFORNIA Mr. Aiassa: We just received a request TEAMSTERS FOR FINANCIAL from the California Teamsters to STATEMENT furnish a financial statement for the period ending June 30, 1974 and June 30, 1975. We can provide the 1974 with Council::>permission, but we haven't closed, the books yet for 1975• Mayor Chappell: Mr. Aiassa: Councilman Shearer: Mr. Aiassa: CITY CLERK REJECTION OF PETITION FOR INTIATIVE ORDINANCE RELATING TO INCREASED BENEFITS FOR FIREMEN CITY TREASURER MAYOR'S REPORTS Mayor Chappell: any other time of the year. Saints for calling this to Have we been served with a Summons for this or a letter of request? A letter of request. I will turn it over to the City Attorney. I don't know why Council approval is needed; it is a public document. I wanted to advise the Council so that they wouldn't come back and say I did not acknowledge their letter. Motion made by Councilman Shearer, seconded by Councilman Tice to Receive and File. Motion carried. None Mayor Chappell presented a request to proclaim December 22-29, 1975 as "Family Unity Week." This is timely in my in my mind. This is the Christmas season; a time when families probably get together more than I thank the Church of the Latter Day our attention. If there are no objections, I will proclaim "Family Unity Week" - December 22-29, 1975. CITY COUNCIL December 8, 1975 Councilmen's.'Reports/Comments Page Thirty-nine COUNCILMEN'S REPORTS/COMMENTS Councilman Shearer: We might not all agree on where stop signs should be, but I am sure we can all agree on one thing';.- the high school football teams of West Covina have had an outstanding year. I had dreams that I could attend a football game in a couple of weeks where both teams were from West Covina competing for the CIF Championship. But, like a lot of dreams, it didn't come out. I think West Covina High School showed itself very well last Friday, losing a very tough game. I am sometimes very hesitant about making awardsto winners, that is sort of our system:,- the winning team.gets the recognition. The other teams of our community have probably been just as deserving, but we cannot give everyone a resolution, and I would like to make a resolution. RESOLUTION' 5160 AI;ESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, COMMENDING THE 1975 WEST.-COVINA HIGH SCHOOL VARSITY FOOTBALL TEAM. (To be perma plaqued and presented to the team.) Motion made by Councilman Shearer, seconded by Councilman Browne to waive further reading of the body of Resolution 516.0. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Browne to adopt Resolution 5160. Motion carried on roll call vote as follows: Councilman Miller: AYES: Shearer, Chappell NOES: None ABSENT: None No comments. Miller, Browne, Tice, Councilman Tice: Yes, I have several items. I requested Staff to look into the possibility of obtaining some more folding chairs - about 100, and some more folding tables - about 18, for use over at Cortez Recreation Center, and the Youth Center. We are very short of these and every time we have an affair, we don't have enough. Mr.. Salazar: I think the request was presented to me - whether or not we could use Community Development Funds for this. We can, but unfortunately it won't be until June, 1976 when our second grant is approved. That is one source; the other source is, obviously, revenue 'sharing. Councilman Tice: The bid that I have from Recreation and • Parks is: in lots of 100, it would be $7.95 per chair, and the tables would be $15.00 each. Mayor Chappelli. Would we have to go to bid on that? Mr. Eliot: No, not on anything under $3,500. - 39 - 0 ,., • CITY COUNCIL Councilmen's Reports/Comments December 18, 1975 Page Forty Councilman Tices I think it would be worthwhile. At the last Sr. Citizens affair I attended some of those people -,had to stand and we used all'of the chairs available from the City. It has been some ten years since we have had any new chairs or tables, so we are about due. I would like to get a firm bid for Council decision at the next meeting, if possible. Councilman Browne: Did you want to take it out of revenue sharing? Councilman Tice: Let us see what Mr. Aiassa can come up with. Mayor Chappell: Could we loan that money until the time you funds come in,Mr. Salazar? Mr. Salazar: The problem with that is that any City expenditure that has already taken place, and then to turn around an be reim- bursed with these funds doesn't seem to be in light with the intent. Councilman Tice: Why don't we see what we are talking about cost -wise first. The other item I wanted to mention is that the Mayor, Mr. Salazar and myself attended an awards dinner over in Hollywood the other night given by the National Rehabilita- tion Association. Our City was given an award for the efforts we have made towards the disabled, physically handicapped people. We are the first small city to receive this award. I think Mr. Salazar, who has done a lot of the leg work in this area,.should be commended for his efforts. As you know,Councilman Shearer and I are the representatives to the Board of Directors for the Mid -Valley Mental Health Council. On January 22, 1976, they are having their annual dinner. If you gentlemen could hold open that night, we would appreciate having the whole Council there, and any of the Staff members who would like to attend. I also received a letter from the Mid - Valley Health Council requesting that we talk with Supervisor Schabarum regarding funding in the coming year. Perhaps after the first,of the year, it might be appropriate if Mr. Aiassa sets up a meeting between Supervisor Schabarum, Councilman Shearer and myself. Councilman Browne: The Mayor and I met with the Superintendent and two School Board members of the Rowland School District. There were several.` items of concern on both parts. Umark is proposing to donate to the District a school site which will be up in the Bowl area. The Planning Commission has already reviewed the offer and made certain recommenda- tions. There will be a slight trade-off on the park site. However, the City will come out just as well for recreational areas because they incorporate the park and the school site which benefits both the City and the District. - 40 - ' CITY COUNCIL 'December 8, 1975 Councilmen's Reports/Comments Page Forty-ohe • U There were a couple of vague areas. There was a statement that should the District not construct a school within a reasonable period of time that this property would then revert back to the City to be used as a park site. This concerned the School Board because.a "reasonable period of time" would have to be'determined by a certain set of criteria. Their problems are very much the same as ours with bond issues, funding, etc. for building. They explored alternatives such as placing a temporary building on,the site, but running off -the -top cost factors, that would not cost too much less than building a permanent school. A "reasonable period of time" could go on and on and on, but we wanted to draw something more definitive. So, Superintendent Oswald said that a normal criteria for an elementary school would be around 600 students. At the present time they have 175-students in the area. Projections of our City Staff and Umark indicate that the area will probably be developed within 3 to 4 years and will generate this number of students. The School Board is going to go back and establish criteria and possible means for'bid1ding a school on that site. At the same time, Ron Sloan of Umark was instructed that developers in the area should make it'very clear to purchasers the conditions that prevail. It was also decided that a sort of PR, informational service, on the part of the District and the City be implemented to speak with citizens who want to know more about the ;--prevailing conditions. At that point we stopped the meeting. We cannot make a move until such time that the School Board makes a decision. The Board was urged to come up with a decision within a reasonable time because it is holding up a development in that area. They agreed that was only fair to the developer. Mayor Chappell: It is going to take 3 to 4 years to have the students in the area to warrant a school, and then a couple of years to build it, so it is going to take some 6 years before there is a school and then only if the funds are available. Since the City doesn't have the funds to develop a park site, we are probably better off with this approach. Hopefully, the District will be able to build the school and we can move in with our recreation programs,as we do in many other elementary schools throughout our City. This is the best of a bad situation over there. If anyone talks to us about a school site, it is 6 years away or more, so no one should be encouraged at this point. We are working on it, and trying to approach it in a proper manner. The developer giving land to the School District is a new approach; if you remember, the school sites were to be sold. At least the District will not have to worry about funding for the property. Councilman Browne: Umark indicated that should this proposal come up today, they would not be able to do it. But since the idea came up over a year ago, they are going through with it. - 41 - 4d CITY COUNCIL Approval of Demands APPROVAL OF DEMANDS ADJOURNMENT ATTEST: CITY CLERK December 8, 1975 Page Forty-two Motion made by Councilman Browne, seconded by Councilman Tice to approve Demands totalling $456,968.74 as listed on UCB 5L867 and 53087; and BA 356-7, registers 1 and 2. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None Motion made by Councilman Shearer, seconded by Councilman Browne to adjourn the meeting at 11:00 P.M. until Monday, December 15, 1975 at 4:30 P.M: in the City Manager's Conference Room. Motion carried. APPROVED: MAYOR - 42 -