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02-09-1976 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF,THE­CITY COUNCIL' CITY OF WEST COVINA, CALIFORNIA' FEBRUARY 91 1976. The regular meeting of the City Council' called to order by • Mayor Ken Chappell in the West Covina Council Chambers .at 7:30 P.M. The Pledge of Allegiance was,given,followed by the invocation by Councilman Gary Miller. ROLL CALL Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: Leonard Eliot, City Manager Pro tem George Wakefield, City Attorney Lela Preston, City Clerk Michael Miller, Acting Public Ser. Dir., Ray Diaz, Acting Planning Director Hurry Thomas, City Engineer Keven Northcraft, Administrative Ass't. Gus Salazar, Redevelopment Coordinator Ross Bonham, Administrative Ass't. Gloria Davidson, Deputy City Clerk Bill Freemon, Staff Reporter - S.G.V.D.T. Eric Cohen, Staff Reporter - Sentinel APPROVAL OF MINUTES Motion by Councilman Browne to approve minutes of the meeting of January 26, 1976; seconded by Councilman Tice and carried. • 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. ijEITTEN COMMUNICATIONS a) SPANISH TRAILS GIRL Request permission to conduct two SCOUT COUNCIL fund raising activities in the city Annual Girl Scout Cookie Sale, February 16 to March 1, 1976 and Girl Scout Calendar Sale from November 19 to December 17, 1976. (Approved in prior years. Recommend approval.) b) TOM A. LIPMAN Resignation as Chairman and member of the Los Angeles County -West Covina Civic Center Authority. (Receive and file) c) COVINA IRRIGATING Notice of Annual Stockholders Meeting COMPANY. Saturday, February 21, 1976 at 9:00 A.M. at the Covina Public Library. • (Authorize City Manager Pro Tem and City Engineer to attend) d) BOARD OF SUPERVISORS •Relinquishment; -of Jurisdict.on.re Earthquake Modification of Bridges. (Receive and file) E • • CITY COUNCIL CONSENT CALENDAR - Cont'd. e) COMMUNITY CRUSADE AGAINST DRUGS & DISEASE Page Two 2/9/76 Sponsored by Southern California Conference of Seventh -day Adven- tists requesting a charity solicita- tion license. (Approve subject to City Attorney review) f) DALE L. INGRAM, Requesting Precise Plan No. 584, Representing Rev. 1, Var. No. 718 and Zone Change Mayer Construction Co. No. 495 be held over to March B. 1976. (Refer to hearing Item No. 3) g) E. L. CHRISTOPHER, JR. Protesting Precise Plan No. 584, Rev. 1, 3251.E. Virginia Var. No. 716 and Zone Change No. 495) West Covina (Refer to Hearing Item No. 3) h) MR. & MRS. W.F. GRADEN Protesting Precise Plan No. 584, Rev. 3102 E. Virginia 1, Var. No. 718 and Zone Change No. West Covina 495. (Refer to,Hearing Item No. 3) i) SENATOR ALAN R0BBINS Urging support of AB 746 -Cline and Robbins 581291 re Los Angeles Central Business District Redevelopment Pro- ject. (Receive and file) 2. PLANNING COMMISSION SUMMARY OF ACTION 3. RECREATION & PKS. COMM. SUMMARY OF ACTION 4. HUMAN RELATIONS COMM. SUMMARY OF ACTION 5. YOUTH ADVISORY COMM. MINUTES ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS PROJECT NO. SP-74010 ACCEPT IMPROVEMENTS CROWELL AND LARSON February 4, 1976. (Accept and file) January 27, 1976. (Accept and file) (Action Items from 1/27/76: Refer to City Manager's Agenda Item Nos. H-4 and H-5) (Refer to Pages 4 and 5) January 22, 1976. (Accept and file) January 20, 1976. (Receive and file) (Action Item from Adj. Mtg. 2/3/76: Refer to City Manager's Agenda No. H-1.) Location: Van.Horn Avenue, southerly of Merced Avenue. Accept street improvements and authorize -release of National Auto- mobile and Casualty Insurance Co. faithful -Performance Bond No.230274 in the,amount of 63,204.54., (Staff recommends acceptance) PRECISE PLAN NO. 664 Location: East side of Citrus Street, ACCEPT IMPROVEMENTS south of North Garvey Avenue. SWINERTON & WALBERG CO. Accept driveway approach and sidewalk improvements and authorize release of United'Pacific.Insurance Company Faithful Performance Bond No. U 75 79 12 in the amount of $7,400. (Staff recommends acceptance) 2 - CITY COUNCIL Page Three CONSENT CALENDAR — Cont'd. TRACT NO. 24701 Location: Woodgate Drive, MONUMENT BOND Evangelina Street, etc. UMARK, INC. Authorize release of St. Paul Fire and Marine Insurance Company Bond No. 400 DR 4400/49 in the amount of $1,690. Monuments in place. (Staff • recommends release of bond) UNCLASSIFIED USE PERMIT Location: Azusa Avenue, north of NO. 184 — ACCEPT IMPROVE— Amar Road. MENTS Accept construction of median open — ALPHA BETA COMPANY ing and authorize release of St. Paul Fire and Marine Insurance Company Faithful Performance Bond No. 40ODY 5946 in the amount of $8,400. (Staff recommends accept— ance) ABC APPLICATIONS Chief of Police recommends NO PROTEST. a) Matilda Josephine Giner dba GIGI'S 1375 W. Camino Del Sur 2646 E. Garvey Avenue San Dimas, Ca. " b) Robert L. & Vera M. dba TALL PAUL'S 328 So. Glendora Ave. Madsen 914 So. Lark Ellen Ave., West Covina, Ca. c) Judith C. Burke dba CENTER LIQUORS 22050 Greshan 227 So. Glendora Ave., • Canoga Park, CA. William A. & Anna Y. Ivins 10721 Mildred .El Monte, Ca. Charles F. & Edith M. Ricci 351 So. Armel Covina, CA. CLAIMS FOR DAMAGES FILED WITH TH_ECITY CLERK: a) Jimmie J. Knox, Sr., Request for refund Qn purchase of 1610 So. Meeker own tools at Police Auction. (f)eny West Covina a-rrd refer to City Attorney &Rd lttgti�anCe-£�3T-Pier) (Refer to Page;_ '4. ) b) Linda Zarate Re dams es to car_'going over man- 215 Hillward hole. -?Deny and.refer to City West Covina Attorney and Insurance Carrier) c) Sandra Mary Pascal Re traffic accident at California 2045 Aroma Dr., and Garvey Avenues. (Deny and re — West Covina fer to'City Attorney and Insurance Carrier) • PARADE PERMIT APPLICATION GALAXIE LITTLE LEAGUE Request to hold opening day parade on April 30 1976 and waiver of application fee. and $5.0,00 bond. (Approve subjectto staff review) — 3 — CITY COUNCIL Page Four CONSENT CALENDAR — Cont'd. 2/9/76 (Councilman Miller and Councilman Shearer asked that Items 3—a and 6—a be withdrawn for further discussion.) Motion by Councilman Shearer to approve Consent Calendar items with the exception of Items 3—a and 8—a; seconded by Councilman Browne and carried on.roll call vote as follows: • AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None ITEM 8—a Councilman Shearer: Mr. Mayor, I am CLAIMS FOR DAMAGES advised by the City Attorney that this item can be handled differently than what we normally do, which is to refer to the City Attorney and Insurance Carrier. This individual claims he had some tools stolen and unreported to the Police Department; subsequently he bought tools at a Police Auction and found out they were his stolen tools. I would like to have this referred to the City Attorney and if there is proper identification of his original ownership of the tools that we then authorize repayment of the $35.00 that he paid for his own tools, with the admonition if you have something stolen that you report it to the Police Department. Councilman Browne seconded the motion. Motion carried. ITEM 3—a Councilman Miller: Mr. Mayor, Item B-1 SUMMARY OF ACTION OF of the Summary of REC. & PKS. COMMISSION Action regarding MEETING Outdoor Smoking at the Youth Center. Comments were made in the Staff Report with reference to the School Districts, and reading the news— paper I have noticed that certain School Districts have turned • this down. I really don't equate this situation with the schools, a situation where the individual has the, right and his own free will to come into a public premise,. I see this as a situation where a youngster would come on the premise, come into the Center and it would tie up staff time to monitor another function which I feel they should not have to take time to moni— tor. There is enough information out on this subject and it is handled by the schools and other associations, etc. So I am going to oppose this. I don't see any validity in.it at this point other than taking up staff time to coordinate and monitor this type of a function. Councilman Shearer: Mr. Mayor, I have been mulling this over in my mind for quite sometime, since I saw it on the agenda for the last Recreation & Parks Commission meeting, which I was unable to attend. I don't smoke so automatically I guess I can be accused of being biased or prejudiced against those who do, but in reading the report I see that the idea presented in the report is that if we allow the smoking to take place in a certain designated area this will allow the recreation leaders to attack the problem, counsel and discuss, etc., with the smokers. I am not sure this is the proper function of our recreation leaders or a requirement of our recreation leaders • that they do not smoke, and I think it would be a difficult problem for a recreation leader who did smoke to counsel youngsters who do and who are not too many years his junior. Many of our recreation leaders are in the late teens and early 261s. On the other hand I am torn with the real world of things and as pointed out in the report youngsters congregate in the front of the Center and smoke, but I am not sure taking the problem from the front of the Center and hiding it on the — 4 — CITY COUNCIL Page Five CONSENT CALENDAR ITEM 3—a, (B-1) 2/9/76 patio will really do much good. I think I am going to join with Councilman Miller and oppose this because I am sure it won't be too many more months before we have petitions coming in to prohibit smoking in certain city buildings. We have had some feelers on that not too long past saying that we should ban smoking in the Council Chambers. Also, this is kind of unique, • we are being asked to allow smoking and reverse the trend where previously it has been disallowed. So I will vote against the recommendation. Councilman Tice: I think the young people will go out in the park and smoke, so my question is — is it better to allow them to smoke in the Center than to have them disperse and go outside and smoke? Is it better to have them do it in one area where something can be done about it and they can be alerted to the problems? I am a smoker myself and I know the problems but I guess I fail to adhere to it. Mayor Chappell: I don't know that because they smoke in front of the Center or any other place that that is a reason for us to open up the Center to smoking; it is a nice clean, well kept, well operated'Center for all people and we still find a good number of our population offended by smokers, so why encourage it in another area? The statistics show a good number of people do not smoke and I don't see jeopardizing their going to the Youth Center and having fun and we are talking of both high school and junior high school students smoking in that patio. I am sure a number of„mothers and fathers would not allow their children to go t'o the Center if they thought smoking was being condoned and perhaps even encouraged if we vote to allow it to happen. We have drawn the line and,I think we should continue to draw the • line in our City. Two of the School Districts have banned smoking on their premises, one allows it on the campus,but I don't think that is a criteria for us. This is an area where the youth can have fun and recreation and we might well lose a good percentage of;them by authorizing this smoking privilege. Councilman Tice: But on the other hand I can see what the Recreation and Parks Commission is trying to do here from the standpoint of alerting the youth to the problems encountered in smoking. Mayor Chappell: Well you smoke Councilman Tice, and I don't know how much attention you have paid to people that have counselled you to stop smoking and I think the same thing will happen there. We would probably have fights there between those for and against. Councilman Browne: Mr. Mayor, I think I would have to agree with Councilmen Miller, Shearer and yourself. I also think the pro— posal is contradictory — they are condoning smoking by junior high students — ages 14 to 16 — and the concept of their being policed which you are already doing, and they would still be • having to do that very thing by trying to herd these youngsters into a given area to do so. If they want to smoke let them go outside and smoke in the park or in front. And, I am a -:smoker. I think it would set a bad precedent in our City. Motion by Councilman Miller to deny the outdoor smoking area at the Youth Center and approve the other actions under Item 3—a; seconded by Councilman Browne and carried. — 5 — • • • CITY COUNCIL Page Six PROCLAMATION 2/9/76 Mayor'Chappell: I.would like to make a proclamation at this time since we have a number of citizens in our audience that I think would be interested in this. On behald of the West Covina 176 Bicentennial Association and as the Mayor or West Covina pro- claim the year of 1976 as the year for the City of West Covina officially observing the 200th Birthday of our great Country.. We would like to see all of our citizens take part in this year long celebration of the founding of the United States and reaffirming ©f the principles by which we are governed and live. Is there anyone objecting to this proclamation? Hearing none I will so proclaim. GENERAL AGENDA ITEMS PUBLIC WORKS PUBLIC WORKS PROJECTS PREVAILING WAGE RATE RESOLUTION NO. 5189 ADOPTED (Council reviewed Engineer's report) The City Attorney.presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ASCERTAINING THE GENERAL PREVAILING RATE PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY. Motion by Councilman Tice to waive full. -reading of said resolu- tion; seconded by Councilman Browne and carried. . Motion by Councilman Tice to adopt said resolution; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer,.Mille.r, Browne, Tice, Chappell NOES: None ABSENT: None RATES FOR PROFESSIONAL (Approve rates requested by Soils SERVICES BY CONSULTING International, Inc. ENGINEER Council reviewed Engineer's report) Motion by Councilman Miller to approve the proposed schedule of hourly rates as submitted by Soils International, Inc.; second- ed by Councilman Shearer. (Councilman Tice questioned the rate of $12.50 for clerical/ technical, feeling it was a bit high. The City Engineer advised the hourly rate included an overhead percentage and a fringe benefit charge and the composition of clerical/technical was primarily technician; also there is about a 250% overhead charge on these rates which is typical of consultant rate structures. Councilman Tice thought the clerical should have been broken out from the technical because clerical is a lower rate. Councilman Browne questioned if Soils International was the only available engineering firm that can perform this particular service. The City Engineer said no, but this is a firm that has submitted their rates to us and we have followed through to approve the rates so we may contract with them; there are other firms in the area and if they submit rates we will do likewise.) Councilman Browne: What I am primarily asking is - did you receive competitive bids on this? Mr. Thomas: We don't normally bid technical services and this is not for a parti- cular project. This is mainly for one shot type testing that we may use in connection with a project. CITY COUNCIL PUBLIC WORKS — Cont'd. Page Seven 2/9/76 For anything of any consequence we would normally request quotations; we don't normally receive professional bids for technical services. Councilman Browne: Puttingt hat into reverse then, for consultation purposes have you • looked into the competitiveness of some of the other people in the business? Mr. Thomas: For this type of work we have not had a submittal from any of the other firms. Their rates are similar to the rate structure we approved for Walsh Engineers in August. Councilman Browne: You are missing the point. I think we should do the same thing we did as with the architects for Palm View Center. I think we should seek out competitiveness in all industries so we can save the city some money. Mayor Chappell: We are not buying anything here, we are only accepting their rates as they publish them and if we go to buy something then we would secure other bids. Councilman Browne: If we approve the rates then somebody will come in and seek out the rates we approve and then it won't be competitive. Councilman Shearer: A question. Did we solicit these quotations from Soils 'International or did they come in and say if you want us to work these are our charges? • Mr. Thomas: No — they contacted'us. Councilman Shearer: Do we have a job that we are going to be anticipating hiring this type of consultant in the future?. Mr. Thomas: At the present time we -do not. The one job that is underway is the North Vincent Avenue job and,we have already done the soils testing on that project. Councilman Shearer: What about the Palm View,Park building? I notice in the contract we have before us later this evening some reference made to the fact the City will provide certain soils tests to the architect? Gus Salazar: Yes, we anticipate having to get ground soils tests for Palm View Community Center once the building is located, etc. Councilman Shearer: Mr. Mayor, I would agree with • Councilman Browne and in view that we may have some work coming up that it would be well to advise other firms in the area that we might be looking and have them do the same thing as Soils Internation— al did. — 7 — E • • CITY COUNCIL Page Eight PUBLIC WORKS — Cont'd. 2/9/76 Mayor Chappell: Councilman Browne was attempting to say let's not pass on this until they all come in and pass on them all at one time. Councilman Browne: That is right. Councilman Shearer: I see no problem with passing on this. Quite frankly if I was wanting to practice, I would take a look at $12.50 and say if I want the job I am going to bid $12. So maybe it would behoove us to pass this so the others would know what they are shooting at. Motion carried on roll AYES: NOES: ABSENT: PROJECT NO. MP-76007 APPROVE PLANS AND SPECIFICATIONS call vote as follows: Shearer, Miller, Tice, Chappell Browne None (Construction of Play Equipment areas) Location: Cameron Park, Cortez Park, Orangewood Park, Palm View Park and Walmerado Park. Motion by Councilman Shearer to approve the plans and specifi— cations and authorize the City Engineer to call for bids subject to,.State approval; seconded by Councilman Miller. (Councilman Tice Ivoiced concern with regard to the concrete curbing and possible accidents to children falling and hitting the curbing. Mr. Miller, Public Service Director explained the curbing is fairly flush with the surrounding ground level and it provides a stop keeping the sand confined and explained further.) Motion carried. All voting approval., ADULT SCHOOL CROSSING Councilman Shearer: Mr. Mayor, a GUARDS question. It is (Staff Report) a pretty complete report and it points out something we all should know, that nothing comes cheap — a crossing guard runs in the neighborhood of $2,000 per year per location. My question is on a statement in the report where it says "the city is required to provide crossing guards, etc. etc.". Is that a requirement of our own policy or a State requirement, or is that perhaps an inappropriate wording? Mr. Wakefield: Mr. Mayor and members of Council, I think that is an inappropriate wording to describe the situation. The city has no legal obligation to provide traffic guards. Councilman Shearer: Even if all the warrants are met there is no legal requirement that we provide, it is only at our discretion? (Mr. Wakefield answered that is correct) Mayor Chappell: However, we have some agreement with the School District that we will provide crossing guards — is that a true statement? I seem to remember that from the days when I was on the School Board. CITY COUNCIL Page Nine PUBLIC WORKS — Cont'd. 2/9/76 Mr. Wakefield: 'The School Districts are not authorized to'spend their school district funds for school crossing guards; and since I have been here I do not remember any agreement with any School District. Councilman Shearer: Mr. Mayor, that is the only thing I remember — if a crossing guard is to be provided it has to.be paid by the city because the School District is unable to provide those funds. Councilman Miller: Mr. Mayor, I talked to staff and I realize the dilemma we are in where, do you pull the funds from - staff said they would look towards the General Budget'next year and alleviate this from Revenue Sharing, which has always been my feeling when we start talking about salaries itisbest not to delve into Revenue Sharing anymore than we, have to. I know this is an emergency type situation which is a short range thing. Councilman Shearer: I feel this is like the situation where you have the tiger by the tail. We set a policy that we will provide crossing guards at certain locations and I think we need either to go all the way or back track comp'ietely otherwise we find ourselves in the dilemma of trying to weigh California and Bainbridge children against Hollenbeck and Via Verde children and I don't think that is the position I want to find myself in. I think if we are going to have,crossing guards we should supply them at any location that our warrants are met. Motion by Councilman Shearer to authorize a supplemental appropriation in the amount of $3,850 from the Revenue Sharing Account (139.5) for the purpose of providing adult crossing • guards at the intersections of California Avenue at Bainbridge Avenue and Merced Avenue at Butterfield Road; Councilman Tice: Mr. Mayor, that $38'50. also includes a deficit of $1250. to provide for the present program and I think that should be part of the motion and I will second the motion if that is included. Councilman Shearer accepted the amendment to the motion; motion carried on roll call vote as follows: AYES: Shearer, miller, Browne, Tice, Chappell NOES: None ABSENT: None HEARINGS (Mayor Chappell advised that Hearing Item No. 3 — Mayer Con— struction Company requested it beheld over to the meeting of March 8, 1976 and if Council had no objections it would be held over. The City Attorney recommended that the hearing be opened and anyone present this evening wishing to speak with reference to the matter that can't return on March 8th be heard now. Councilman Shearer asked if someone should testify this evening an&..retutn§ on March 8th and listens to the • testimony of the proponents would they be allowed to testify again — Mr. Wakefield answered "yes". Council indicated they had no objections to opening the hearing this evening and then holding over to March Bth.) CITY COUNCIL Page Ten PUBLIC HEARINGS 2/9/76 PRECISE PLAN NO. 584, Location:' East side of Barranca Avenue _REV. 19 VAR. NO. 718 and north of Vi.rginia Avenue..,, ZONE CHANGE NO. 495 Request: Approval of a change of zone MAYER CONSTRUCTION_ CO. from R—A (Residential Agriculture) to MF—S (Multiple Family -8 dwelling units per acre, condominium zone); a precise • plan revision to construct 49 condominiums; and a variance to per— mit increased density, decreasing minimum square footage of units and deletion of west and north wall requirements and certification of the Environmental Impact Report. Denied by Planning Commission Resolution No. 2631. Appealed by the Applicant on January 19, 1976. (City Clerk verified Proof of Publication in the West Covina Tribune on January 29, 1976 was received and that 38 Notices were mailed.) a IN OPPOSITION Phillip Smith (Sworn in by the City Clerk) 3105 East Virginia Ave. The proposed project would be directly West Covina behind me. Also, I didn't receive notification of the change as .far as the March 8th meeting and some of the other people didn't receive it either. I.found this information out when I was walking up and down the street getting a petition signed which I have with me and some letters also from the people who are against it. We have from 85 to 95% of the people on Virginia Avenue on both sides of the street who are completely against the proposed development. Mr. Wakefield: Mr. Mayor, if Mr. Smith wishes to file his petition and letters at this time he may do so and they will be made a part of the record. (Petition and letters given to Council.) • Councilman Shearer: Mr. Mayor, I don't want to get hung up on legal technicalities but if the proponent makes some substitute changes will that be of any validity with regard to these signatures that we have before us tonight? Mr. Wakefield: Mr. Mayor and members of Council, if there are major changes in the project then it is very likely I would think that the City Council would wish to refer the matter back to the Planning Commission for its comments and suggestions. What is filed here this evening is directed to the project as it pends before the City Council tonight. Mayor Chappell: Mr. Smith, we will accept your petitions at this time and will review them. Motion by Councilman Shearer to continue the hearing as requested by the proponent to March 8, 1976; seconded by Councilman Miller and carried. VARIANCE NO. 721 Location: Northeast of Amar Road and TENANTS OF ALPHA.BETA Azusa Avenue. VILLAGE CENTER Request: Approval of a variance to • permit an additional 82 square feet of identification signage to an exist— ing'Center identification sign in the PCD-1 _(Planned Community Development Zone), and certification of the Negative Declara— tion of Environmental Impact. Recommended by Planning Commission Resolution No. 2634. Called up by Council January 12, 1976. (City Clerk verified Proof of Publication in the West Covina Tribune on January 29, 1976, received and that 14 Notices were mailed.) 10; — CITY COUNCIL Page Eleven PUB. HEARING: Var. #721 2/9/76 Mayor Chappell: Madam City Clerk, 'have.you received any letters or other communications -with regard to this matter? Lela Preston Nov I have not. • City Clerk Mr. Diaz: Mr. Mayor -and Members of..Council, you Acting Planning have before you a recommendation from Director the Planning Commission recommending approval of this Variance. Staff has indicated in the cover memorandum dated February 9, 1976, they recommended to the Planning Commission the denial of this Variance and -we continue to make this recommendation. (Slides shown and explained as to the location'of the Center, proposed sign and present sign, and signs located in other shopping centers. Staff report dated January 7, 1976, summarized; required showings explained in detail and staff reasons for recommending denial.) Mr. Diaz: In conclusion, and as I stated previously, I am in an awkward position here. The Planning Commission adopted the Variance, staff at that time recommended denial of the Variance and staff at this time,while we can empathize with the people, we must conclude that the required showings for the Variance have not been met and that even if they were met the ends that are desired would not be achieved by such a sign and finally there would be potential harmful effects through the granting of this Variance. Mayor Chappell: A question — did you give the same • enthusiastic and lengthy report to the Planning Commission? Mr. Diaz: No, it was not. PUBLIC HEARING OPENED. IN FAVOR John R. Miller (Sworn in by the City Clerk) 1223 Montezuma Way (Requested use of the slides) I am West Covina currently a businessman in this Center under the name of Pizza Skiddo. In the audience is Red Carpet Realty and Progressive Savings & Loan. The slide you see is our shopping center. (Slides shown and explained with regard to identification signs on store fronts, proposed reader board sign. Pointed out difficulty in seeing present signs from street due to distance, speed of traffic on street, wall blocking view, stores location, etc. etc. Slides shown from various points of businesses located in Center, again pointing out difficulty in seeing their signs.) (Slide shown of proposed reader board) Gentlemen, you tell me from what is presented that board is going to slander or in any shape or form is going to be detrimental to that Center or to our possible customers. If you can then I would accept your "no" vote —.I think we have done it in good taste. (Slide shown of vacant pad) Currently the Alpha Beta people own it and they are working with Goodyear and/or Radio Shack, one tenant and possibly two are going on that sign. We have a lot of clearance under that sign that is CITY COUNCIL Page Twelve PUB. HEARING: Var. #721 2/9/76 doing nothing but having a lot of birds fly through it. I went on record at the Planning Commission meeting and will go on record tonight - of the fifteen restaurants I am currently involved in this is the slowest starting restaur- ant I have. Why? - because I have no identity on the street like I do in the other Centers, nine cities and three counties. • I am not afraid to tell you that at this location I have not reached broken even yet. There are two in the Center who have and they are not here tonight. The liquor -store and Smarty Pants - beautiful businesses and they relate to the people like I do but we are around on this side where people to this day - a year and four months - still don't know where I am or that I am there. I am sorry I didn't bring all the letters and things to show you and justify my arguments but I don't lie. I would like Co mention the fact that Stater Bros.,(the Center mentioned by staff), if any of you were to drive down Nogales to LaPuente Avenue you Will note the Center is small and the depth from the sidewalk to where the first store is is about 175' to 200' and it is in a C shape, and where Alpha Beta is and the other tenants you can visibly read every sign on front or on top of the businesses leased. It isn't like ours, sitting on a hill, block walls blocking your -visibility. If you were sitting in a car east of the meridian and you were driving up the street, as two Planning Commissioners pointed out, you cannot see the signs and I think it is important to all businesses to be identified. I knew what I was getting into when I got that location and so did everybody else that has come before you in the past. The drug store site, quoting the Vice -President of.Alpha-Beta Real Estate department, that site is designed for one purpose, a drug store, Builder's Emporium, etc. And it was felt if that one tenant needed • identification they would come out on Amar'Road for it, and I would say that would be the best place for it. I don't think they would want to clutter up that sign, or we might give them another sign below it, and why not - it is just a reader board.. I really appreciate the time you have given me and feel if the.Planning Commission voted 4 to 1 - we need it. It is a hardship. We thank you. Don Mahoney,(Sworn in by the City Clerk) Red Carpet.Realtors Mr.Mayor and members of the City 2420 S.'Azusa Council, may I refer to some of the slides shown by staff? (Permission granted) I.t is pretty hard for a group of amatuers who are busy conducting their business and paying their bills, to block -a comprehensive study.such as staff has presented. We don't have employees,that we can send out and tell them to take 29 3 days time or whatever time your salary is being paid for by the city and the taxpayers, of which I happen to be one. This sign is in absolute good taste. It is about the fourth rendering we have had. We didn't want anything garish. There can be•no objections ethically or artistically to that type of a presentation. • (Asked for the showing of another slide) Staff would have you believe that driving down Azusa Avenue you are going to look over to the left to see my place of business, which is ridiculous. (Passed some small snapshots to Council and explained.) Please observe the,big camper parked there and how impossible it is to see our places of businesses. (Slide shown of a comp..etitors sign, pointed out that the sign is - 12 - CITY COUNCIL Page Thirteen PUB. HEARINGS: VAR. #721 2/9/76 much taller and staff claimed that sign was good as compared to our rendition.) I think anybody can readily determine that our rendition is more presentable and in better taste. This shot was shot on the southeast corner looking south — now again we are amatuers and today was a cloudy day, however you can see that sign is visible from possibly 300' to the south. • We are faced with a problem here and have been facing it all year. First of all Exon owns the corner lot and they let their shrubbery grow - we -finally com— plained to the city and said the grass is 4' tall, the trees have not been pruned, please do something. Now I have owned vacant lots in the City of West Covina and periodically I would get notices from the City saying chop down your grass or we will do it for you and charge you, but nobody said that to Exon and the essence of it was we finally took money out of our own pockets to get that corner cleared because nobody would tackle Exon. Now on the same street and practically in the same block, across the street, you have this sign and we can't have that sign. I really can't understand the thinking of staff. We are not a fly by night broker, I have a tenyear lease; Pizza has a ten year lease and the Savings and Loan has a 20 year lease. We are going to be here tomorrow but we have to have identity. We lose customers. People tell us we missed you, we ended up on Valley Boulevard. Really it is not in keeping with competition that we have to put up with this. We are not asking for a big sign, just for an identification sign below the Alpha Beta sign. Shirley Chapman (Sworn in by City Clerk)- 1113 East Cameron Ave., I would like to point out that a • Branch (tanager of the safety factor is involved here with Progressi�e�,,.S:a.v,s.& Loan regard to the traffic. I know from what people have told me that have come into our place of business and others that have said they cannot locate the businesses in this particular Center primarily because of.the terrain having a'hil.l and With the block wall and the hill it is very difficult to keep your mind on driving and locate the business in the Center or the one you are looking for. It•is also the case:.in our type of business we do not offer the public anything that other Savings and Loans can offer. We can't have a fire sale or a special on interest for two days of the week or whatever; therefore we do offer our customers the opportunity that if they have an account in another branch they may come to any branch and transact their business. We have had people phone us and tell us they were lost, they could not find -out place of business. They had accounts with one of our other branches and were in the area and wanted to transact business through us. We had people tell us over the phone they had spent several minutes driving around the area trying to locate us. Also, if there is an identification sign, as a driver I believe that you can see signs far better if you can quickly look up and your eye will catch some words in a sign, you may not read it clearly, but if you can catch one word of something you are looking for • you can at least slow down and not be a deterrant to traffic and make your turn properly and conduct your business. Thank you for listening. Pete Wynns (Sworn in by the City Clerk) State Farm Ins., I noticed on these slides presented, 1313 Amar Road and I haven't seen any of the pictures — 13 — CITY COUNCIL Page Fourteen PUB. HEARING: VAR. #721 2/9/76 these gentlemen have, but we are two doors over from the Progressive Savings & Loan and it is very difficult for anyone to view our State Farm office because we are directly in back of the Security Pacific Bank. We have had the same problems of clients and tenants trying to do business with us and they • can't find us. So I feel an identification sign would be of benefit to many people. Out of our office we service possibly 2500 clients and it is very difficult to see the State Farm business office. We are not on Azusa, we are actually on Amar and a sign on Azusa would be of an advantage to our clientele, and from the pictures shown I didn't see my office. Dave Garrison (Sworn in by the City Clerk) 1200 N. Harbor I represent Carl's Jr. Restaurants. Anaheim I am here basically to find out exactly what is being proposed and the city's reaction to this. I think I am in favor of this — I am i.n favor of this over and above the visibility I will lose by the sign going up. I feel the sign proposed would definitely increase sales in the entire Center including Carl's•Jr. I would like to have you think very seriously of what is before you. I feel the businessman is having a problem or obviously he wouldn't be here tonight. We, at one time, had our sign problems, we relocated signs on the building. We are not doing the greatest amount of business there. I think it is important to note that southbound on Azusa you have one chance to make the driveway to get into that Center and right now the tenant that is proposing these signs does not have that benefit because that tenant is not visible to southbound traffic. -It is pointed out that you can turn to your left and see that but by that time you are passed that driveway and at about that time the potential customer is going on down the street to the next convenient spot. So I think you should look very heavily at approving this sign as • proposed because I feel that it is a just and necessary item. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Tice: Mr. Mayor, I think you know my feeling on our sign ordinance, I think it -is over restrictive. When I first became aware of this problem several weeks ago I have been down in that area several times and I think they do have some problems there. The big mistake made was the one sign the Alpha Beta sign has too large of a sign which generally restricts what other signs can be put up. More than that I think is the architecture and the wall'ther"e. I have gone north and south and I found,it extremely difficult going north because of that wall to identify those businesses in that area. Because of the overhang the signs are underneath and with the wall it is very hard to locate the businesses. It is not quite as bad going east and west on Amar but going north it is difficult. It is a little bit better going south but not much. Very poor visibility. Maybe one of the reasons we have had accidents along there is because people have tried to locate what they were looking for and have slowed traffic down. I think some allowance should be made with • this particular sign so those merchants could be identified much better than what they are now. I personally would uphold the Planning Commission recommendation of approval. Councilman Browne: I have several things of concern. We will start off with the injustice that I think Alpha Beta inadvertently placed on the additional tenants in the Center when they came in and received approval of 44 square feet over and beyond the total — 14 — CITY COUNCIL Page Fifteen PUB. HEARING: VAR. #721 2/9/76 area of signage which would be allowed on the shopping center with a.total of 191,800 square feet. This comes to a question I would like to ask of Mr. Miller. At the.time you leased your property, Mr. Miller, were there any restrictions in your lease relative to signage imposed upon you by Alpha Beta? • Mr. Miller Yes, there were. It was handled by Pizza Skiddo Coldwell Banker and the question I raised was would it be possible for Alpha Beta to approve additional signs out on their,sign at the time we signed our lease and they said "noff. The sign was already there at the time we signed our lease. - Councilman Browne: Thank you, that answers my question. Sign applications are not considered a part of the precise plan within our ordinance structure within the City. The sign application comes in by a special application after the square footage of the Center has been proposed and built. In this instance (and staff can correct me if I am wrong and I am not pointing any fingers at any existing staff members at this time), but the normal procedure is to come before the Planning Commission for approval of any signs; however I do recall, possibly five or six years ago, the then Planning Director asked the Planning Commission to avoid any additional work as far as the Com— mission was concerned by allowing the Planning Director to make an administrative approval if that sign was in the requirements or allowances based on the square footages. Am I correct, Mr. Diaz? (Answered: Yes) Thank you. In this instance there was an overage of 44 square feet approved for the Alpha -Beta sign. It was further my understanding at the time I sat on the Planning Commission that a shopping center • identity sign would only allow the words for the name of the shopping center, not a lago or the name of any market or business place within the area. Am I.correct on this, Mr. Diaz? (Mr. Diaz replied: I.believe that was the intent of the sign.) It seems here that we have a fault that lies within the jurisdiction of the decision of the City and I feel as Councilman Tice does, that there has been a hardship placed on the existing business people in the shopping center at this time. At the same time I question what is going to happen when that Center'is fully developed with the additional tenants in there. We could compound a felony here by making an affirmative decision. I have feelings for the businessmen and have spoken out in opposition to the existing sign ordinances.many times as far back as January of 1975, during another controversial era of free standing signs where the ordinance was profilerated by variances and through the administration'we asked that a complete study be remade on the variances granted against existing sign ordinances and by all means updated to where it would be a more equitable type of a signing throughout our City. True, other neighborhood shopping centers are existing with just an identity sign relating to the. name of the Center. I question whether they are imposed • with the same problems we have here — the grade elevation for one thing, the required wall buffering the parking area — number two; and the fact the corner parcel was a proposed service station and I now understand the UUP has run out and it will probably never develop as a service station. Had it, the grade level would probably be equal to the street level which would give a better line of site in there; if something else developes on that corner it will further restrict the CITY COUNCIL Page Sixteen PUB. HEARING: VAR. #721 2/9/76 vision of the existing signage on these buildings. Until such time as we can restudy the sign ordinance and come in with a more equitable distribution — and at this time during Council discussion later this evening, I will recommend that certain procedures be changed through administrative or public hearing • type sign grantings — so under the facts borne out in the testimony tonight I would have to agree with Councilman Tice that these business people are undergoing a hardship and are certainly entitled to what they are asking for. Councilman Shearer: Mr. Mayor, I have great difficulty with this one. I don't want to become argumentative over the economics of a particular shopping center being upgraded one way or the other, or the economics of a particular individual business being all that dependent on a particular sign — I am not in business myself nor am I in the sign business so I will let that go by the wayside. I think we have to look at what the intent of the sign ordinance was. Most of the testimony this evening dealt with the economic problems of the particular businesses and very little was said about the square footage, the amount of overage or underage. I jotted down the present sign of 144'square feet and asCouncilman Browne pointed out, perhaps the City was negligent in allowing such a large sign going in, therefore we are a party to the problem and therefore must be a party to the solution. What is being asked now is an additional 82 square feet, which takes.us to 226 and if there is any accuracy at all in the projection of additional stores or businesses in that area there can be 8 or 9 more, which at the same ratio could add another 82 square feet to the sign which would be 300 square feet and we would be faced with a • 150 to 160 square foot variance on top of a maximum of 200 square feet to begin with, which is the basic square footage in our ordinance. What I am getting at is perhaps the fault lies with the ordinances and the variance is not necessarily the way out of a particular problem, although the way the wheels of government move sometimes we may never get out if we wait until we address ourselves to the provisions of the ordinance, etc. There .ere comments made'-�about : the;:, - inference .of ,they:objection; of ,the.!si-gn:.having ' something to do with our sign is just as pretty as their sign. I don't think that is the issue here — who has the prettiest sign. The question that must be addressed in the ordinance is the square footage. I would agree I think that is an attractive sign and I personally find nothing offensive with the ten panels below it but if we add another ten and take it all the way down to the bottom that might be something else again, but that may never happen. In view of.the definite involvement of the City and we may learn a lesson from this, I think I will vote to support the variance and as we said at the last meeting this does not establish a precedent. The City Attorney advised that every Variance goes on its own merits and because you • grant a Variance in one area it does not have any bearing on a situation in some other part of the City even if it meets the same criteria. I do think the staff, Council and the Planning Commission had better start paying a little more attention to sign problems, they seem to be becoming more and more cu.rrent.' They kind of come and go and they seem to be — 16 — CITY COUNCIL Page Seventeen PUB. HEARING:. VAR. #721 2/9/76 coming lately. Councilman Miller: Mr. Ma or, I too in my thinking looking at both sides find this a very diffi— cult situation. On the one hand we have the further expansion of the Center, which can be another type of situation which would add more signage. And I concur with Councilman Shearer that I look at this also as a problem indirectly related to the ordinance itself and feel we do need further study on this ordinance. I concur you have.to look at a Variance on its individual basis, so I too will be supporting it. Mayor Chappell: In the past years that I have sat on this Council, yearly and monthly almost, every time a business has come into our City we have had some like problems and some soul searching and attempts to modify the ordinance as it existed at the time that particular item came up and we are right back there again. Councilman Browne I am sure is going to propose tonight a joint session with our Planning Commission and our staff, and I am sure he is directed in the right direction, and after all that takes place and some corrections are made I am sure we will again have something similar to this .do,wn the road, because it is practically impossible to tailor a sign ordinance to fit every business as it comes into our community but we certainly attempt to make the effort to do that. Mr. Diaz, as our Planning Director, follows the ordinances. He doesn't follow What he thinks is right or wrong, he follows the ordinances. That is his job and his responsibility to point out to us what the ordinance says and what it takes to get a Variance or to change it. And this he did tonight. He pointed out some errors in what we attempted to accomplish and haven't been able to in our sign ordinances and I find . absolutely no fault that some time was taken to prepare this because I think he did that to call our attention to a situation that is not unique but is going to continue to happen every time a new business comes into West Covina. We have what it appears is five votes in favor of this Variance, so may I have a moti.on? Motion by Councilman Browne to approve Variance No. 721 upholding the decision of the Planning Commission; seconded by Councilman Tice and carried. THE MAYOR CALLED A RECESS OF THE COUNCIL MEETING AT 9:13 P.M. COUNCIL RECONVENED AT 9:25 P.M. AMENDMENT NO. 132 Proposed amendment to the City of CITY INITIATED West Covina Municipal Code to delete provisions within the MF-20 zone per— mitting additional density upon meeting specific provisions of said code, and certification that the Categorical Exemption is consistent with the State of California Environmental Quality Act. Recommended by Planning Commission Resolution No. 2640. (City'Clerk verified proof of Publication in the West Covina Tribune on January 29, 1976 was received. No mailed notices.) • Mr. Diaz, Acting Planning Director, summarized Staff Report dated January 21, 1976 re categorical exemptions, explaining in essence this amendment eliminates the density bonus per— mitted currently in the MF-20 Zone. (Explained) — 17 — CITY COUNCIL Page Eighteen PUB. HEARING: AMEND. #132 2/9/76 PUBLIC HEARING OPENED. THERE BEING NO PUBLIC TESTIMONY HEARING CLOSED. COUNCIL DISCUSSION. NONE. Motion by Councilman Tice to approve Amendment No. 132; seconded by Councilman Browne. • Councilman Browne: Mr. Mayor, a comment. Staff has ful— filled the request of the City Council in making the Amendment to the MF-20 Zone reducing the bonus density and this removes a cloud which has been placed upon properties throughout the City in relation to what is allowed in a Zone and also brings in the zoning in concurrence with the General Plan. Motion carried. PLANNING COMMISSION TENTATIVE TRACT NO. Location: North side of Amar Road 26856 — DEV. PLAN NO. 10 in the Woodside Village Planned PCD-1) UMARK INC. Community Development Zone. Mayor Chappell: We have a recommendation from staff that this item be held over to such a time as the developer can make the proper amendments to the road that runs to the water tank. Are there any further comments on this? Councilman Shearer: Mr. Mayor, a question. Is this a significant change that will require it to go back to the Planning Commission? Mr. Wakefield: Mr. Mayor and members of Council, the City Engineer and I have discussed the • matter. It seems to me it is clearly an oversight on the part of the subdivider including in the proposed subdivision areas that are actually owned by the City. So what is required is really a revision of the subdivision map to take into account the City owned property. In my opinion it will not be necessary to go back to the Planning Commission if the revisions are made when it appears before you. Motion by Councilman Shearer to hold this item over; seconded by Councilman Miller and carried. ORAL COMMUNICATIONS Mayor Chappell: I would like to say that West Covina Beautiful put on a Birth day Ball last Saturday evening — Gloria Reyes the President of the organization is here and you are to be congratulated — you and your committee — for such an outstanding event. There were over two hundred people there which was the biggest crowd we.have ever had at one of our birthday functions. It was very well done and everyone had an enjoyable time. We congratulate you and your committee for their fine project. CITY ATTORNEY • ORDINANCE NO, 1289 The City Attorney presented: ADOPTED AN -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA$ CALIFORNIA, AMEND— ING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change No. 497 — Robert Hirsch) LJ CITY COUNCIL CITY ATTORNEY — Cont'd. Page Nineteen 2/9/76 Lotion by Councilman Tice to waive full reading of said ordinance; seconded by Councilman Browne and carried. Motion by Councilman Tice to adopt.said ordinance; seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PALM VIEW PARK Motion by Councilman Tice to approve COMMUNITY CENTER the contract with the architectural ARCHITECT AGREEMENT firm of Cashion—Horie in the amount of $16,000 for the design services necessary for the construction of the Palm'View.Community Center, and authorize the Mayor to execute the subject contract; seconded by Council— man Browne. Councilman Tice: Mr. Mayor, I wonder if Mr. Salazar could answer a couple of questions that I have? Do you have any tentative dates that the architect may be ready with some preliminary renderings? Mr..Salazar: Yes, there is a schedule in the contract which specifies the dates when various segments of the contract will be completed. June 15th is the date we have set for the completion of the working drawings. And, after the design of the schematics we will have a community meeting at Rowland Elementary School, and then after the preliminary drawings are received we will have a second meeting. The Citizens Advisory Committee will also be invited to attend those two meetings. Now that we have the contract executed we will be sending out notices as to when the first meeting will be held. Mayor Chappell: I think it should be pointed out that the City Council were given the names of several architectural. firms after they were screened.by staff and we saw some outstanding work by those that made'reports to us. It appears to me they are really going to come up with something that'w,e can be.proud of and that will be functional. And, of course, the more input our citizens give us the more functional thi.s.will be. I am sure you will be on top of that Mr. Salazar, so we do get that input. Councilman Shearer: Mr. Mayor, a question: On Page 4, Section 6 it says, "any gross design errors which would have been pre— vented.....". What is a gross design error? Mr. Salazar: I think.it is any -error that would result in a substantial jeopardy to the structure of the building, or safety, or cause unnecessary increase in the cost. Councilman Shearer: What I am concerned about is any design error — and architects make them — because of incompatibility with the site. Do you find trouble with that word, Mr. Wakefield,.in defending us in court as to whether it was a gross error or not? — 19 — CITY COUNCIL Page Twenty CITY ATTORNEY — Cont'd. 2/9/76 Mr. Wakefield: Mr. Mayor and members of Council, I don't know whether I have any problem with it or not. We discussed the section at staff level. What it was intended to require was that the architect personally inspect the site and if based upon that inspection, he, in the preparation of the plans, made • errors that he should have been able to avoid through that in— spection, then I:. Would consider that to be a gross error. Councilman Shearer: Would there be any problem in eliminat— ing the word "gross" and just saying "any design errors will be corrected by the architect"? (Mr. Wakefield answer— ed "no".) I would much prefer that the word be removed. This whole paragraph is talking about design errors because.he didn't go to the site and properly evaluate the site conditions. Design errors or change orders that were initially agreed to for some other reasons would not be included or covered by this paragraph? Mr. Wakefield: that is correct. It is just the word rrgross". Councilman Shearer: I would move an amendment to the motion to delete the word "gross" on Page 4, Section 6. Councilman Tice: I will amend my original motion to remove the word "gross" from paragraph 6. Councilman Browne agreed to the amend— ment. Mayor Chappell: I have a question. We are not asking for Certificates of Insurance or additional insured or errors of omissions type endorsements from the people we are doing business with. .I thought it was recommended by our carrier. At least some of the companies I am doing business with I am recommending this, that proof of insurance:'•be provided, proof that they have liability insurance to rectify against damage or loss,' Where are. -,:we on that, Mr. Wakefield? Mr. Wakefield: Mr. Mayor and members of'Council, it is now standard practice in all city public works contracts'•to require that the contractor actually provide the city with an endorse— ment to his public liability policy, which means the city as his co—insured is on his policy. Errors in Omissions Policy we do not require of the contractor. I suppose the only place really that would be a factor would be in something like an architectural contract where you might expect the architect ultimately to indemnify the city and assume the responsibility for personal errors in the project, but we have not done that yet and perhaps it is something we should look into. • Mayor Chappell: I really think we should. I have seen things of this nature happening. We should at least have some procedures to.protect ourselves. We are talking of $200,000 here. If something went wrong in that building of 6200pOOO — I don't think this firm or any other architectural firm could stand that loss without some sort of a policy. — 20 — • CJ C CITY COUNCIL Page Twenty—one CITY ATTORNEY — Cont°d. 2/9/76 Mr. Wakefield: I think most architects and engineers now carry errors and omissions insur— ance. We have never gotten to the point where we have asked the professional man to endorse that type policy and also include the city because -the city is not about to make the error. But we 'should probably require evidence of insurance rather than an endorsement to that policy so we know the individual we are -doing business with does have insurance capability to respond. Mr. Eliot: Mr. mayor, may I suo,npst that we could add it to :the. policy,,,:because-the .policy is not executed yet. It seems to me it should be a standard procedure but it is -not. We probably should start this right now as a standard procedure. Mr. Wakefield: Mr. Mayor, I have problems with an architect, for .example, getting an endorsement to his Errors and Omissions policy which would protect the city. In other words the insurance is designed to protect him and he may have a responsibility to the City but if he has undertaken to indemnify us against loss our concern seems to be simply a concern that he does have insurance coverage and is capable of responding to the agreement. Mayor Chappell: So you no doubt will ask him for it! Mr. Eliot: Mr. City Attorney, I think that is exactly what.the Mayor was speaking to and I was alluding to in.regards to Errors and Omissions, that he furnish evidence of having such insurance and that his carrier be advised to notify us of can— cellation of such insurance. I think we are'all speaking of the same thing. (Mr. Wakefield.indicated this would all be taken care of.) z Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None COOPERATIVE PERSONNEL' Mayor Chappell: Mr. Eliot, when do SERVICES —,AGREEMENT we set up all the RE CITY MANAGER desirable qualifica— RECRUITMENT tions? Mr. Eliot: Mr. Mayor, at the moment at staff level we have not had the opportunity to re— view with Council all the qualifications you may desire. We intend to have sessions with Council shortly and will be notifying you so we can get your input on the qualifications you desire. Those will then be forwarded to the State Personnel Service, but we Wish to have approval of the contract tonight so once we have set the qualifications they can proceed with the recruitment. Hopefully by another ten days from now we will have the qualifications set. Motion by Councilman Tice to accept.the offer of services from the Cooperative Personnel Services for City Manager recruitment and selection as set forth in their letter dated February 4, 1976; seconded by Councilman Browne. — 21 — • • 11 CITY COUNCIL Page Twenty—two CITY ATTORNEY-Cont'd. 2/9/76 Councilman Shearer: A question. It has to do with reference to'the letter from Cooperative Personnel having to do with reimbursement for travel expenses for:'..interviews. I would like to know the standard practice by cities. I know sometimes when these type jobs come up there is even a nationwide response and if we get forty or fifty applicants, all of which are to be interviewed, and some are from New York, Hawaii, Alaska or wherever, are we going to be in the position of paying these people travel expense? Is it standard practice? I also notice from their letterhead they have an office in Sacramento as well as Los Angeles — where are the interviews to be held? Or is that one of the methods of screening, that you pay your own expenses and that automatically screens out applicants that are not very serious. Can that be answered tonight? Mr. Eliot: I don't believe I can answer right now what other cities do and of course it is up to Council to decide whether they want to follow a procedure or establish their own standards. I think it would be better if we have all the answers for you at our next meeting when you approve the criteria and then we will have a survey for you as to what other cities do. And, they are talking about final candidate interviews —.I can't say whether they are talking about ten or twenty applicants for final interviews. Councilman Shearer: I think that is important information before we advise them — it is just as important if we are going,to ask for ten years experience to also tell them we require.mthat they pay their own transportation for the interview. `I think that is the time to make the decision. Mr. Eliot: On the initial interview I believe I can say that it is.not•the custom for the employer to. 'pa,y, but 'th'ey are talking about the final interview. Mayor Chappell: Councilman Shearer: Motion carried'on roll AYES: NOES: ABSENT: (ITEM A-5) INFORMATIONAL REPORTS FASHION PLAZA SIGNING And for the final interview we may have only five people or less. I could accept the cost on that. call vote as follows: Shearer, Miller,_Browne, Tice, Chappell None None Motion by Councilman Shearer to accept the report of the City Engineer dated February 4, 1976; seconded by Council— man Miller and carried. THE MAYOR RECESSED THE COUNCIL MEETING AT 9:55 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 9:59 P.M. CITY MANAGER YOUTH ADVISORY COMM. REQUEST to attend a conference Saturday, February 21, Motion by Councilman Shearer to approve the request of the Youth Advisory Commission permitting six Commissioners on Current Legislation and Youth Problems 1976 in Los Angeles, sponsored by the — 22 • • • CITY COUNCIL CITY MANAGER - Cont'd. California Junior State; cost of $24.; seconded by call vote as follows: AYES: NOES: ABSENT: Page Twenty-three 2/9/76 and further authorizing a total estimated Councilman Browne and carried on roll Shearer, Miller, Browne, Tice, Chappell None None COUNCILMEN ATTENDING Mayor Chappell: I would recommend SCAG GENERAL ASSEMBLY to Council that we FEBRUARY 27, 1976 have at least one staff member in attendance at all times to keep us informed and bring back the information tows. This is an election year and we are all very busy and I am sure there are three Councilmen that will not be able to'attend. (Councilman Browne indicated he would be attending one or two sessions.) May we have a motion authorizing Councilman Browne to attend as he can and that also a staff member attend each and every meeting bringing back the information to Council; and further authoriz- ing the money necessary to attend. So moved by Councilman Tice; seconded by Councilman Miller and carried on roll call vote as follows: AYES: NOES: ABSENT: GENERAL PLAN CONSULTANTS PROGRESS PAYMENT NO. 5 CALIFORNIA RECREATION CONFERENCE follows: AYES: NOES: ABSENT: PARK & AYES: NOES: ABSENT: WEST COVINA HIGH SCHOOL TENNIS COURT LIGHTING (Staff Report) Mr. Miller: Pub. Service Dir., Councilman Shearer: the School District. It operates this way, and I is fine, but normally it Shearer, Miller, Browne, Tice, Chappell None None Motion by Councilman Shearer authoriz- ing payment of $1129.25 to Owen Menard Associates, General Plan Consultants (Progress Payment No. 5); seconded by Councilman Miller and carried on roll call vote.as follows: Shearer, Miller, Browne, Tice, Chappell None None Motion by Councilman Browne to authorize funds for the attendance of Commissioner Selma Calnan of $175.00 to attend the California Park and Recreation Confer- ence February 27 through March 2, 1976 in Sacramento; seconded by Councilman Miller and carried on roll call vote as Shearer, Miller, Browne, Tice, Chappell None None Councilman Miller: Mr. Mayor, one question. Third paragraph, line two, it says 116 poles per court". That will _bE corrected? Y,es:,�. that..,w�11 be >straigh,tened out. For now let's just say there will be sufficient lighting for the courts. Mr. Mayor, I have acouple of questions. In the first paragraph there is a refer- ence made to a willingness on the part of may well be that the School District am not being critical and if they do that was my experience that where there is a - 23 - CITY COUNCIL Page Twenty—four CITY MANAGER — Cont'd. 2/9/76 financial commitment on the part of a Board, Agency or whatever, it doesn't come from a member of their staff. I think we should pursue it at an early date and get a commitment inwriting and action by the School Board; particularly in view of Mr. Eastman's announced retirement coming up shortly. I think Lie stiould-have • something more definite because it may make a difference as to how we proceed. Is there concurrence? (Council agreed) Mr. Miller: If 'I may clarify, Mr. Mayor. There has Pub. Service Dir. been a commitment made by the staff, and as Councilman Shearer indicated, the intent now is to go to the staff and through to the School Board and get the statement solidified. If the commitment is not solidified we will go as far as the $25,000 will permit us to go to light the courts. There is no financial'obligation beyond the $25,000. We are trying to get approval from the Council so we can go to the School Board to get their commitment as rapidly as possible. We do have oral approval and oral commitment from the State for the $25,000 from our standpoint... Councilman Shearer: I.just wanted to make sure that was done before we got too far along and committed to a project and not have sufficient funds. My next question has to do with the indication in the third paragraph, as I read it, that we are going to provide at no cost the lights; whereas at the present time at Edgewood it takes 25o per hour or whatever in the coin boxes. Is that correct? Mr. Miller: Yes and the reason is at the Edgewood site we are using the normal lights • and the warm up period for those lamps are fairly immediate type of thing. The Halide light proposed for West Covina High courts has a warm up period and will not necessarily reach their maximum lighting level for some period of time and given the on off nature of a coin operated system would be a greater wear and tear on those lights than leaving them on constantly. Secondly, the experience we have had at Edgewood High regarding the coin operated boxes is they constantly get jammed, vandalized and robbed, and the cost of maintenance as well as the manpower necessary to keep the boxes in a safe and orderly fashion far exceeds the cost of keeping a Halide light on from dusk to 11 P.M. Councilman Shearer: If we build the West Covina High tennis courts at no extra cost to the tennis player are we then going to be requested by those playing at Edgewood to revamp and give them the same benefit that is enjoyed by other people in the city.and if so, how much cost is involved in taking out the coin boxes and making it similar to this set up? Mr. Miller: Staff is reviewing that.matter now:: The intent is to eventually remove the coin boxes. For the incandescent lamp it probably would be a high cost factor to replace with a halide . and put'it,into a system that would be more efficient and regmire less maintenance, etc. — this would require a`co'mplete removal of the system now at Edgewood. However, we are looking into the possibilities and the cost related to it and it will be coming to Council through the Recreation and Parks Commission indicating the cost that would be involved in removing the coin boxes and putting the lights on on a full time basis. — 24 — CITY COUNCIL Page Twenty-five CITY MANAGER - Cont'd. 2/9/76 Motion by Councilman Shearer to accept and authorize the Recreation & Park Commission recommendations as stated in Staff Report dated February 2', 1976; seconded by Councilman Miller and carried on roll call vote as follows AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None • ABSENT: None PROPOSED CAMERON Motion by Councilman Shearer approving AVENUE PARK SITE recommendations as stated in Staff (Staff Report) Report dated February 5, 1976; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None Councilman Shearer: Mr. Mayor, a question on this last item. Mr. Wakefield, are there any requirements in the government code with regard to the city selling property - say if for some reason we are unable to annex this piece of property - and as I read it, if we are unable to annex it then we have to pay the taxes. Is that correct? Mr. Wakefield: Mr. Mayor and members of Council, you read the report correctly Councilman Shearer. The situation is however that under the existing provisions of the government code a city may annex non-contiguous city owned property to the city provided that the area proposed to be annexed does not exceed 100 acres. So under the existing provisions of the statutes, the city has the ability and capacity to annex the park site to the city. It is simply a question of following through with the LAFCO and getting its approval. • Councilman Shearer: On the outside chance that approval would not be forthcoming, -,and the city had to sell would the city have any problem - other than finding a buyer, in selling the property because of some restriction on city property if we so decided? Mr. Wakefield: The government code simply provides the city may dispose of public pro- perty not required for public purposes upon any terms and conditions approved by the -city council. This is being purchased with grant funds and we may have some problem of disposing of it for non -park purposes because we are using state park fund money for acquisition. Councilman Shearer: It was only because I would hate to get stuck with paying $3900 a year taxes if for some reason we couldn't get it into the city. MAYOR'S REPORTS Mayor Chappell: I would like to point out that we have a first happening on the 13th of February, the Rotary Club, Kiwanis Club and Lion's Club of West Covina are participating jointly in a March_of Dimes campaign to help stamp out birth defects. That will be be held at four bank,locations in our city from noon to 6 P.M. (Explained in further detail) - 25 - CITY COUNCIL Page Twenty-six MAYOR'S REPORTS - Cont'd. 2/9/76 We have a request from the Charter Oak Unified School District for a proclamation declaring Vocational Education Week February 8 through the 14th. As you know we have an East San Gabriel Valley program. If there are no objections I will so proclaim. • The Leukemia Society of America has requested that Mayor Shearer appear on their program. I understand you did that last year. Those two days I happen to have other things that I have to do, so perhaps Mayor Pro tem Browne or one of our other Councilmen would like to represent our City. As you know Mrs. James Harding passed away from Leukemia last year and it was terrific that Chet went down and represented West Covina. I would like to see one of our Councilmen go down this year and represent the city and encourage our citizens to participate in this fund raising project. (Councilman Shearer explained it was on KFI - last year and gave a short account of what took place.) Mayor Chappell: If any of you can participate in this project will you please let me know because they are asking for verifica- tion. This is February 21/22 - so let's get our heads together and see that one of us goes down to represent our city. RESOLUTION NO. 5190 Another item from -the West Covina Unified School District - Dr. Clifford Thyberg is retiring after serving 28 years in our community for a total of 39 years altogether in education. I would request that a resolution be prepared for Dr. Thyberg and appropriately perma plaqued so our new Mayor can present this at his retirement dinner on May 26th. It was my pleasure to serve as a school board member while Dr. Thyberg was there and I found him to be an outstanding individual and certainly dedicated to our city in the field of education. As you all know he was also Citizen of the Year not too long ago and it is only fitting that our city recognize him as we'have other members that have retired from the School District. Motion seconded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None COUNCILMEN'S REPORTS/COMMENTS Councilman Miller: At our Birthday Ball we had some interesting drawings.of the Council and at the beginning of the meeting it was brought up as to who behind all that, so I would like to give due recognition to Gus Salazar who did a very fine job. Councilman Tice: I have two requests from the Youth AdvisoryCommission. One, they are requesting some assistance with the • West Covina School District as well as Covina Valley and any other school in our city boundary to post signage for the Mid - Valley Mental Health Clinic giving telephone number, etc. They would like these posters set up in the restrooms. The second thing is, apparently there will be some vacancies on the Youth Commission and they are wondering what can be done as far as publicizing these vacancies. - 26 - CITY COUNCIL Page Twenty—seven COUNCILMEN'S REPORTS/COMMENTS2/9/76 At one time we had quite a list of applicants. I was wondering if we could ge,t some publicity in the newspapers about the openings. Councilman Browne: Councilman Tice, as I recall we • probably have 3 applications left from the old group, however the status of these people may., changed since then. We had six when we interviewed as I recall. I don't know how that list stands now. Mr. Eliot: We will have to make some inquiries and find out if they are still interested and available. We will report back to you. Councilman Shearer: I think the entire Commissions term expires in April under the ordinance and I think we should make another recruiting contact with all the eligible highschools. (Councilmen Tice stated the Commission was interested in trying to obtain members from the colleges also — Council verified age limit was 22 years — Mr. Eliot said this would also be looked into.) Councilman Browne: Mr. Mayor, getting back to the earlier hearing this evening I would like Council's permission to make a motion requesting staff to institute a study to update and revise our Sign Ordinance structure, and also that the Planning Commission and City Council be called in for briefings and study sessions during this period of time and before the finalization have a • joint meeting with the Planning Commission to resolve finaliza— tion of it before it goes to public hearings. • Seconded by Councilman Tice and carried. APPROVAL OF DEMANDS Motion by Councilman Browne to approve Demands totalling $474,715.30 as listed on Demand Sheets: Bank of American #377, 381 and UCB #53728 and 53930; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None ADJOURNMENT Motion by Councilman Browne to adjourn meeting at 10:25 P.M.; seconded by' Councilman Tice and carried.-.: ATTEST: CITY CLERK APPROVED: MAYOR - 27 -