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04-26-1976 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA APRIL 269 1976. The regular meeting of the City Council called to order at 7:30 P.M. in the West Covina Council Chambers by Mayor Nevin Browne. The • Pledge of Allegiance was given followed by the invocation by.the Reverend William J. Gorfine of the United Methodist Church. ROLL CALL Present: Mayor Browne; Councilmen: Miller, Chappell, Shearer, Tice Others Present: Leonard Eliot, Acting City,Mfan-ager Lela Preston, City Clerk Carl Newton, City,Attorney. Michael Miller, Public Service Dir., Harry Thomas, City Engineer Ramon Diaz, Planning Director Gus Salazar, Redevelopment Coordinator Gloria Davidson, Deputy City Clerk Renee Futter, Administrative Intern Bill Freemon, Staff Reporter — S.G.V.D.T. Eric Cohen, Staff Reporter — Sentinel ,APPROVAL OF MINUTES Motion by Councilman.,Tice to -approve the minutes of the City Council meeting of April 12, 1976; seconded by Councilman Miller and carried. CONSENT CALENDAR Mayor Browne explaine.d the procedure of the Consent Calendar items and asked if • there were questions or discussion on any of the following items: 1. WRITTEN COMMUNICATIONS a) STEPHEN WARREN Attorney on behalf of West Covina SOLOMON, INC... Police Officers Association re remov— al of election days as holidays. (Refer to City Attorney) b) SUPERVISOR KENNETH HAHN Re proposed ballot measures relating to a County Mayor and an increase of members to the.Board of Supervisors. (Council) c) CITY OF COVINA Requesting withdrawal of Southerly RESOLUTION NO. 3418 Annexation District 67 from West Covina Sewer Maintenance District. (Refer to City Attorney Agenda Item No. D-3) d) V.F.W. WEST COVINA POST Requesting permission to sell U.F.W. No. 8620 Buddy Poppies in the City, May 21st and 22nd, 1976. (Approved in prior ' years. Recommend approval) • 2. PLANNING COMMISSION a) SUMMARY OF ACTION April 21, 1976.' (Accept and file) b) SLIGHT MODIFICATION (Ms. Sharon Embrey, 242 N. Bromley NO. 62 Avenue) • L� • CITY COUNCIL CONSENT CALENDAR — C(ont'd. 3. YOUTH ADVISORY COMM. k 4.. ABC APPLICATIONS a) Russell Lee Chantry 10508 So...Memphis Whittier, Ca. b) The Southland Corp., P.O.Box C-19527 Irvine, Ca. Heon Joo Park Chung Ai Park 3345 W. Artesia Blvd. #5 Torrance, Ca. c) Kenneth G. Miller 19 Mill Creek Highway Mentone, Ca. 5. TRAFFIC COMMITTEE MINUTES Page Two 4/26/76 Minutes of April 1, 1976. (Receive and file) Chief of Police recommends NO PROTEST. dba CHANTRY LIQUORS 1005.East Amar Rd. dba 7—ELEVEN FOOD STORE 2887 East Valley dba STAGE COACH GRUB SHACK 642 So. Sunset Avenue April 20, 1976. (Accept and file) 6. CITY TREASURER Report for month of March, 1976. (Receive and file) 7. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) TRACT NO.'26883 Location: Woodside Village DONALD L. BREN COMPANY- Woodlane Drive and Ridgewood Drive. Accept street and storm drain im— provements -and authorize release of The American Insurance Company Faith— ful Performance Bond No. 7204068 in the amount of $13,000. (Staff recommends acceptance) b) TRACT NO. 31481 Location: Woodside Village KAUFMAN & BROAD- Adrienne Drive, Bonnie Street, Belinda Street and Angela Street. Accept construction of mainline sewers and laterals and authorize release of American Casualty Co. of Reading, Pennsylvania Faithful Performance Bond No. 5543319 in the amount of $439000. (Staff recommends acceptance) c) TRACT NO. 32580 Location: Woodside Village DONALD L. BREN COMPANY Greenleaf Court, April Way, Gemini Street and Giano Street. Accept: a) Sidewalk, water line and sewer improvements and authorize re— lease of The American Insurance" Company Faithful Performance Bond No. 720 39 79 in the amount of $121,000; b) Storm drain improvements and authorize release of The American Insurance Company Faithful Performance Bond No. 7203989 in the amount of $1139000; and c) Setting of monuments and authorize re— lease of The American Insurance Company Monument Bond in the amount of $19610. (Staff recommends acceptance and release of bonds.) ITEM I—b Councilman Shearer: Mr. Mayor, a RE PROPOSED BALLOT few meetings ago MEASURES I indicated a reluctance to take positions on ballot propositions unless they directly — 2 — CITY COUNCIL Page Three CONSENT CALENDAR 4/26/76 affected the City as a City. I think this one as another one that I will bring up a little later this evening do affect the City because we deal almost weekly with the Supervisors Office and I feel there is a need for a separation within the Board of Super- visors from the Administrative and Legislative functions, which • are the goals proposed by'the Committee appointed `sometime ago and made their report,,and following that report the Board has prepared these two propositions to be placed on the upcoming ballot. I. for one, favor them and I would like to see Council go on record in support. Councilman Shearer moved that the West Covina City Council go on record as supporting ballot propositions calling for a County mayor and calling for an expansion of the Board of Supervisors; seconded by Councilman Chappell. Councilman Chappell: Mr. Mayor, I would like to comment. I certainly favor the enlargement of the Board of Supervisors to at least 9 and primarily the reason for that is the tremendous size of the area the Board members look after. Pete Schabarum has some 22 or more cities in his jurisdiction. I really think that we could have better rapport and closer ties with a supervisor governing a smaller area. The idea of having a Mayor I haven't been able to make a personal decision on that at this time. Having one has a tremendous amount of problems as well, but at this time I will support the portion of the motion re the addition of supervisors to 9. Councilman Tice: Mr. Mayor, I am somewhat confused in the way the proposition was put together. It seems to me just looking at this that there could be a problem of pinpointing the exact responsibility for the matter, so I have some questions. I would like to talk to • our City Attorney about this at another time and get an interpretation. Councilman Miller: Mr. Mayor, at this point I am personally not supportive of it. I am for governmental change, and I agree as far as the County is concerned we need to go in another direction than from its current status but the Governor's Office is in the process of studying secession, so until I have more input from secession I don't want to jump ahead of this. I realize this is going to possibly -come before the voters before anything is established on secession but also the cost factor has not been clearly thought out. I would need a more detailed breakdown before supporting something like this. Motion by Councilman Shearer that this matter be tabled; seconded by Councilman Tice and carried. Councilman Shearer: Mr. Mayor, while on this subject, I would encourage my fellow councilmen to look at this in a little more detail because it is my intention in two weeks to bring it back on the floor for a vote. I had a feeling it would be defeated tonight so maybe in two weeks you will have some more information. ITEM 5-a Councilman Miller: Mr. Mayor, I would • TRAFFIC COMMITTEE like to get staff's MINUTES (ITEM XI) input on this. Do you feel at a later time if we have to down zone this that it will not be much of a problem? I wonder if we should come in at a speed of 45 which in essence will average out at what we are looking at here but never - 3 - CITY COUNCIL Page Four CONSENT CALENDAR — Traffic Com. Minutes 4/26/76 really have to down zone it and if we end up at 55 it is rather difficult to down zone if necessary when people are used to going at that speed. Mr. Thomas: Mr. Mayor and members of Council, our experience has shown that as an area develops traffic volumes 4..ncrease and congestion increases that speeds tend to drop�,of'.their own accord. An example of this is Azusa Avenue between Francisquito and Amar. Originally it was posted at 55 MPH when opened in 1968. Two years ago it was down zoned to 50, based on the changes in the present traffic on the roadway. In reviewing the situation on Nogales that is a borderline street between Walnut and West Covina and does re— quire the concurrence of both jurisdictions which does add addition— al time and red tape to the down zoning of any speed along there. It was our feeling that the speed of its own accord will decrease as development occurs close to the roadway; at the present time there - is no development whatever on the alignment .of that roadway within the City of West Covina. At that time we feel it would be appro— priate to redo the speed survey and recommend a speed appropriate to the conditions occurring and then that speed zone would be effective for a substantial period of time. The indicated zone, as things stand now, would be 50 MPH; however it was our feeling there isn't much difference between 50 and 55 MPH speed limit and we did not feel that the posting of 55, which is the State maximum, would have a signifi— cant effect on speeds. Our experience has been when speed limits are increased the impact is in the order of 2 to 3 miles per hour. maximum on the 65th percentile all other things being equal and that other things in the area occurring will tend to reduce the speed.as time progresses. Councilman Chappell: I have one problem with this — raising the speed limit — and that is at the iscorner of Amar and Nogales. That is a sharp left turn and the faster we let traffic go along there the more apt we are -to have accidents even though we posted 40 MPH because those going 40 MPH have a little bit of control coming to that intersection Whereas when you are up to 55 MPH the opportunity of controlling.your car is greatly reduced, I would say. That was the concern I had at that particular location. Mr. Thomas: This is true. There is a 90 degree turn at that intersection. The State Vehicle Code is so structured that they consider the appropriate method of handling that.type of thing is to post a warning sign advising the speed, which is the condition that exists there at the present time, and based on the actual history and traffic volume there we have not identified any unusual pro— blems as far as accidents in that area. Mayor Browne: You do have a diminishing speed factor posted there — isn't it posted prior to coming to that intersection? Mr. Thomas: Yes, that is correct. .There is a curve warning sign posted with a_15 MPH advisory some three or four hundred feet in advance. • Mayor Browne: And you also stated this had to be a joint agreement between the City of Walnut and the City of West Covina? Mr. Thomas: Yes, it would require the adoption of ordinances by both jurisdictions other — 4 — CITY COUNCIL Page Five CONSENT CALENDAR - Traffic Com. Minutes 4/26/76 than the 55 MPH speed.. Mayor Browne: Have you made any approaches in this direction? Mr. Thomas: Yes, we have contacted the Traffic • Advisor for Walnut but at the present. time they have not.taken any posit -ion on establishing the.speed zone there. Councilman Tice: Mr. Thomas, what is the status of light- ing on Nogales? I ran out of gas there a few weeks ago and it is really black there. Mr. Thomas: There is'no lighting there because there is no power. When there is power avail- able Unmark Company will install lights on our side of the street, I don't know about the Walnut side at this time. Councilman Shearer: Since we broughtth: s ,u.p,-in I talked to Mr. Thomas this morning and I questioned the need to.place the 55 MPH speed limit sign. We are not actually raising the speed limit because as I understand it the speed limit as it now stands is 55 and that is the maximum anywhere in the nation. So I don't think it is necessary to put up a 55MPH sign. I understand from Mr. Thomas it is enforceable whether we have a sign up or not and it is a little added expense and as pointed out it might be a little more difficult to lower it if we give some sort of concurrence by posting it. Motion by Councilman Shearer that no 55 MPH speed limit signs be placed on Nogales; seconded by Councilman Tice and carried. • Motion by Councilman Shearer to approve the Consent Calendar items with'the exception of the two items discussed; seconded by Council- man Miller and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None GENERAL_ATENDA ITEMS AWARD OF BIDS PROJECT NO. TS-75004 TRAFFIC SIGNAL MODIFICATION publicly opened and read. bid received.) Location: Intersection of Sunset Avenue and West Covina Parkway. Bids were received in the Office of the City Clerk up to 10:00 A.M., on. Wednesday, April 21, 1976, and thereafter (Council reviewed Engineer's report: One Motion by Councilman Chappell to accept the bid of C.T. & F., Inc. of Bell Gardens in the amount of $9756. for City Project TS 750049 0 and authorize the Mayor and City Clerk to execute -an agreement with C.T. & F. Inc., for the work to be done; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None • ABSENT: None - 5 - CITY COUNCIL Page Six PUBLIC WORKS 4/26/76 TRACT NO. 31147 Location: Adjacent and northerly of Wood- BUTLER-UMARK gate Drive and easterly of Shadow Oak Drive - Bowl Area. (Council reviewed Engi.neer's report) RESOLUTION NO. 5229 The City Attorney presented: • ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROV- ING THE FINAL SUBDIVISION MAP OF TRACT NO. 31147, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAFE. Lotion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Miller and carried. Motion by Councilman Chappell to adopt said resolution; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None PROJECT TS-76009 Location: Intersections of Glendora Ave., UNDERGROUND TRAFFIC and Merced Avenue; Glendora Avenue and SIGNAL SERVICES Cameron Avenue; Glendora Avenue and Vine Avenue; Glendora Avenue and Christopher Street; and Glendora Avenue and Valinda Avenue. (Council reviewed Engineer's report) Motion -by Councilman Chappell to approve transfer of $2,400 from Small City Cooperative Project fund SP-76010 to Project TS-76009; and authorize issuance of purchase order to Traffic Signal Mainten- ance Company;.seconded by Councilman Shearer and carried on roll • call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None PROJECT NO. SP-76003 Location: Holt Avenue, west of Grand HOLT AVENUE BRIDGE Avenue. (Council reviewed Engineer's report) Motion by Councilman Tice to accept the proposal of Walsh & Asso- ciates, Inc., to provide engineering services for the design of.the Holt Avenue bridge; and authorize the issuance of a purchase order in an amount not to exceed $5,000; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Miller,. Shearer; Tice, Browne NOES: None ABSENT: None ABSTAIN: Chappell TRAFFIC SIGNAL Location: Various throughout the City. MAINTENANCE (Council reviewed Engineer's report) TRAFFIC SIGNAL MAIN- TENANCE COMPANY Motion by Councilman Miller to approve agreement with Traffic Signal • Maintenance Company for supplemental maintenance of traffic signals and authorize Mayor and City Clerk to execute said agreement; seconded by Councilman Chappell and carried. Ms= CITY COUNCIL Page Seven PUBLIC WORKS.- Cont'd. 4/26/76 LIGHTING AND LAND- Location: Citywide. SCAPING DISTRICT (Council reviewed Engineer's report) NO. 1976-77 RESOLUTION NO. 5230 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING • THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 19 PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972119 BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN STREET LIGHT- ING FIXTURES AND APPURTENANCES TO BE INSTALLED: ELECTRICAL ENERGY AND MAINTEN- ANCE TO BE FURNISHED FOR ALL STREET LIGHTS THROUGHOUT THE CITY, AND FOR THE FURNISHING OF LANDSCAPING MAINTENANCE, APPURTENANCES AND APPURTENANT WORK IN THE CITY OF WEST COVINA, CALIFORNIA: AS SHOWN ON PLAN AND DIAGRAM NO. 1976-77; FOR THE FISCAL YEAR COMMENCING JULY 11 1976 AND ENDING JUNE 30, 1977. Motion by Councilman Chappell to waive full reading of said resolu- tion; seconded by Councilman Miller and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None • CITY ATTORNEY ORDINANCE NO. 1301 ADOPTED The City Attorney presented: 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 AND APPROVING TENTATIVE TRACT NO. 32621 AND APPROVING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED WITH REFERENCE TO THE ZONE CHANGE AND TRACT MAP. (Don Gittelson - Zone Change Application No. 499) Moti-on b-y Councilman Shearer to waive full reading of said ordinance; seconded by Councilman Tice and carried. Motion by Councilman Chappell to adopt said ordinance; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5231 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,' CALIFORNIA, AMENDING • RESOLUTION NO. 1277, ADOPTING CLASS SPECIFICATIONS FOR PUBLIC SERVICES -DIRECTOR AND SPECIFYING THE CLASS AS EXEMPT. Motion by Councilman Tice to waive full reading of said resolution; seconded by Councilman Miller and carried. - 7 - CITY COUNCIL Page Eight HEARINGS 4/26/76 PRECISE PLAN NO. 263, Location: Northeast corner of Orange and REVISION 7 - VARIANCE Cameron Avenues. NO. 725 - CATEGORICAL Request: Approval of a precise plan of EXEMPTION, CLASS 2 design revision f.or the remodeling of a S.S. KRESGE COMPANY department store, with variances from • certain standards of the West Covina the R-C (Regional Municipal Code in Commercial) Zone, and certification that the Categorical Exemption, Class 2 is consistent with the State of California Environmental Quality Act. Recommended by Planning Commission Resolution No. 4-76-2653. Appealed by applicant on April 14, 1976. (The City Clerk verified Proof of Publication in'the West Covina Tribune on April 159 1976 received. 13 Mailed Notices) Ramon Diaz, Planning Director, presented slides showing location, building, loading area, etc., and summarized Staff Report dated April 7, 1976. Enumerated Variances requested and stated Variance No. 6: Relief of the thirty-six inch high screen wall around the parking lot - was granted. Further advised that the three miscellan- eous Modifications were granted. In addition the following waivers requested from development standards were granted: 1 - Requirements for a fifty foot throat for entry into the parking from four lane streets modified on the entrance from Toluca Avenue and the entrance. from West Covina Parkway; 2 - Waiver from the structural section requirements for the parking area - waived and modified so any areas patched would have.to meet.the current structural requirements. Mr. Diaz: The applicant appealed thot decision of • the Planning Commission to the City Council and that is the purpose of the hearing before you this evening. You have in your packets a letter dated.April 21, 197.6 and two landscape drawings showing different landscaping than -required. L-1-A shows the landscaping the appli- cant`would intend to install initially. This was submitted to the Planning Commission. L-l-B would be installed at the time the parking lot would be resurfaced. The L-1-B does not meet current city code requirements. In addition, the applicant is. requesting modification from the automatic irrigation requirements. In discussions with the applicant I informed him the staff position is not one of degree on judging the merits of.a variance but rather one of is a variance merited or not; and staff would therefore continue to make the same recommendations it did before the Planning Commission, that being that the variance for relief of the 36" screened wall around the parking area be granted as well as the variance modifying the requirements for screening roof type equipment, the modifications for the enclosure of the loading area and the modification of the Civic Center Overlay Zone of standards, but-wwith regard to the other variances staff would continue to recommend denial of these -variances. PUBLIC HEARING OPENED • Gerald R. Hallich (Sworn in by the City Clerk) S.S. Kresge Mr. Mayor and Council members I have Troy Michigan prepared some.notes of what I wish to say - I would like to read from my notes. I am a staff architect, world head- quarters in Troy, Michigan. I joined Kresge a number of years ago. Since that time approximately 850 K-Marts have been opened inter- nationally. I have personally been involved in nearly all phases of CITY COUNCIL Page Nine PUBLIC HEARING — Cont'd. 4/26/76 the K—mart building, planning, site location, traffic circulation and landscaping involving those stores. It is .for this reason that I have been sent from our world headquarters to make this appeal. Although I assume you are familiar with the transcript of the minutes of the April 7th Planning Commission meeting I would never- • the less like to focus for a moment on the reasons for this appeal. We are requesting a tempering of certain new construction landscaping requirements being applied strictly to the letter of the standards of a pre—existing building. On the basis to do so is highly discriminatory as far as cost is concerned. We are not asking to be absolved of these requirements in their entirety only that they be tailored to fit the circumstance. Gentlemen, what we are talking about here is a strict enforcement for 8% of total landscaping, 50% dispersed in the parking area, a minimum of one tree for every 20 double row parking stalls and an automatic irrigation system. We have no quarrel with these requirements as they applied to a new project. It is one thing to have stringent requirements on new construction when all factors involving the financial burden can be taken into consideration at the outset. In instances where these factors add up to an unsound situation seriously inhibiting our selling merchandise competitively a decision to locate elsewhere is an alternative. The same opportunity is not present in pre—existing situations. In these cases requirements are subject to interpretation. It can only be assumed that they will be interpretated reasonably. Decisions are based on that assumption. Although this project has been approved on the basis of estimated cost made under the assumption of reason— able interpretation and we have advanced through the construction drawing stage into the bidding stage it is not uncommon for a re— evaluation to be made prior to signing construction contracts on a job when unpredicated cost factors are uncovered which threaten our • ability to be competitive. Several such factors have been uncovered in recent weeks during our construction drawing stage. They could lead to a re—evaluation of this project. The present roof is leaking badly. We had included a sum for repair and we have now been advised through our consultants that the entire roof may need to be removed and a new one applied. A substantial cost factor unanticipated. All present roof top units — heating, air conditioning, etc., must be replaced rather than serviced and repaired — another unanticipated cost factor. These coupled with unanticipated landscaping and automated irrigation systems threaten this project. We want to open a store here and become a member of this community and to share your civic pride to that end we are refurbishing what presently must be con— sidered an eye sore in the midst of the Civic Center area. However, we need your approval of our proposed landscaped plan which we feel is reasonable and will provide an environment comparable to other such centers in the area. In summary, 8% total landscaping is a requirement for new projects.JVhile our plan provides less,it.:does provide additional landscaped areas within the existing paved parking lot in locations wh:ch_,,compliment and enhance;' the building and present landscaping scheme. One tree in a 24 square foot island for every 20 parking spaces is required for new projects. This require— ment is highly discriminatory in terms of cost when strictly applied to an existing paved parking lot which must be ripped up and. -repaired to install. Our proposal provides less curb planters in number but substitutes substantially larger more effective ones in terms of aesthetics. Conversion of the present manual irrigation system to fully automatic is also highly discriminatory when applied to an CITY COUNCIL PUBLIC HEARING — Cont'd. Page Ten 4/26/76 existing system which was never laid out with that requirement in mind initially. (Explained the cost factors involved.) Strict enforcement of this requirement represents an undue financial burden unnecessary to maintain landscaping in a healthy state. • I proposed an alternative in my letter of April 21. Essentially it guarantees replacement of dead trees and shrubs which assures ample use of the present manual system by night store personnel. Gentlemen, it is not our intent to circumvent. We don't intend the center to be substandard. It is company -policy to maintain our stores in first class condition to provide a pleasant environment for our customers. We share a common interest in that respect. However, we do need relief from the discriminatory interpretations which we feel affects our ability.to operate competitively and which threatens this project. Thank you. PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Shearer: Mr. Mayor. I am not sure that I agree that 8/ landscaping is discriminatory. To "discriminatory" means we don't require it of everyone. To my recollection since we have adopted that requirement we have required it of everyone. Perhaps we could discuss the difference between new and remodeled, be that as it may, but I don't consider this as discriminatory. The staff has recommended and the Planning Commission has concurred in recommend— ing a number of variances from a strict interpretation of our ordinance. So I would say at this point perhaps we have made a reasonable interpretation between what we would require from a new facility such as the Sizzler, where a couple of weeks ago we said go up another 18" as we indicated you do in the first place, and what we might require of a remodeling, the screening of roof • material, the loading dock and the wall. I am sure all this has reduced considerably the necessary expense on the part of the developer. I would support one additional variance and that is not to require the conversion to automatic sprinklers with:.;some sort of a bond or some other legally enforceable document to guarantee maintenance: I think that is all Council is interested in. We are interested in the results rather than the method of watering. So I feel this additional variance to allow the manual .System 'to be left in and expanded as necessary is reasonable. I do not'support the request to lower by 25% — from 8 to 6.— and then per.haps.back..up.to 7 at some time in the future. I don't.think .that is.a reasonable request. Councilman Chappell: Mr. Mayor, I Would like to say that prior to even appearing before the Plan— ning Commission there were many meetings held and all of the items required before any variances were even granted were'pointed out and fully explained to those involved in putting the project together. I was Isurprised at a couple of the ,variances but_I could see there was a give and take attitude at the 'hearings of the Planning Commission. I could support Councilman Shearer's position in the variances due to the water system, but I think even in doing that we would certainly be doing far more than we have for • anybody else since we originally passed this ordinance requirement. Some of the businesses that had to meet this requirement have told me a year or two later they were very happy that they had their. automatic sprinkler systems, it saved them a lot of time and pro— blems and it made their landscaping look much better because it did get regular watering and although they were unhappy at the time we — 10 — CITY COUNCIL Page Eleven PUBLIC HEARINGS - Cont'd. 4/26/76 required it as years went by they did not find it to be that bad.;;, If a third vote can be found for waiving the automatic sprinkler system and if no one else wants to speak I would move that we accept the Planning Commission recommendations with the exception of the automatic sprinkler system allowing the ex-is-ti ig-;-manual--system....bie extended with a certification of a bonding agreement between the • Planning Director, the City and the applicant, relative to the future maintenance of the landscaped areas in the project area. Lotion seconded by Councilman Tice and carried. Mr. Newton: City Attorney Mr..Mayor, I want to raise a question. Your City ordinance requires that when action by the Council following an appeal is substantially contrary to the action taken by the Planning Commission the matter must be referred back to the Planning Com- mission. I would ask some guidance because I don't know what interpretation may have been placed on "substantially contrary." Mr. Miller: Public Service Dir., Mr. Mayor and Council, the interpretation made by George Wakefield in the past, "substantial"•:means just that - substantial, and in light of the waiving of just the irrigation system being automatic it would not be substantial in light of the definition George Wakefield has given in the past. So it would not have to go back to the Planning Commission. Motion by Councilman Shearer that the appeal of the other items be denied; seconded by Councilman Tice and carried. • Councilman Chappell: Mr. Mayor, I think it should be pointed out that we are certainly happy that K-Mart is coming into West Covina. We think they have picked a good community and I think they have found already that the City is willing to workw ith them taking a little and giving a little. So, Mr. Hallich, if you will relay that in- formation to your home office I think they will agree with this one if you present the whole plan that has been acted on. Mayor Browne: Thank you, Mr. Hallich, for appearing before us tonight. . ZONE CHANGE NO. 502 Location: 1049 W. Garvey Avenue PRECISE PLAN NO. 673 Request: Approval of a chan a of zone from ENVIRONMENTAL IMPACT R-A (Residential Agricultura to MF-20 REPORT (Medium Density Multiple Family) and JOHN R. HARRIS, JR. approval of a precise plan of design for a 24 unit apartment complex on a 1.23 acre parcel of land, and certification of the Environmental Impact Report. Recommended by Planning Commission Resolution No. 4-76- 2650. Precise Plan No. 673 called up by Council April 12, 1976. (The City Clerk. verified Proof of Publication in the West Covina Tribune on April 15, 1976 received. • 25 Mailed Notices) Ramon Diaz, Planning Director, presented. slides and explained as to location, condition of present site, proposed building and materials to be used, etc., and summarized Staff Report. - 11 CITY COUNCIL Page Twelve PUBLIC HEARINGS 4/26/76 Mr. Diaz: Mr. Mayor and members of Council, the Planning Commission granted two modifi- cations from the MF-20 requirements which is permitted by code. 1 - waivers from the requirement that the buildings be 36' apart. This was granted to 34' apart. The • reason is to permit private patios in back of the buildings. The other modification was the requirement of the 28' between the ends of the buildings. The applicant wished to reduce this to 14' in order to provide -more open space to the north end of the property which could be used as recreational space as well as saving some of the trees on the property. This was also granted. Staff would continue to recommend to the City Council that it•approve the . requested Zone Change and approve the Precise Plan with the waivers granted by the Planning Commission. PUBLIC HEARING OPENED. John R• Harris, Jr., 25601 Narvone Ave., Lomita away the detrimental been a real problem happy to answer any IN OPPOSITION William J. Proto 207 No. Morada Ave., West Covina (Sworn in by the City Clerk) About all I can add to what they showed you on the slides which really showed that we can upgrade that area and take look of the existing motel units which have for me rental wise and an eyesore. I would be questions that you gentlemen may have. those people that do live • my observation and I have over abundance of rental I live on Morada.Avenue on the west side and it is my feeling that a multiple story residence such as the type pro -!- posed will create a loss of privacy and a good deal of bothersome noise for there. In addition to that it has been lived here for 20 years, that we have an units. If the Council agrees to go ahead with this I would agree that cleaning up this lot would be of an advantage to the neighborhood, butit would seem to me to make an orderly transition from the multiple story section directly to the east of the proposed area that single family would be more suitable to make a good transition down to the residential area. Thank you. Helen McGrew (Sworn in by the City Clerk) 138 No. Morada I agree with the previous statements. West Covina I am also opposed to the zone change for these reasons. I believe there will be an increase in the noise from cars backed up to our rear yards, there will be a driveway there and it will be right over our rear fences. There will be noise from cars and motorcycles which will be a real detriment to property owners and the loss in value from having apartments built so close to our single family.homes. The increase in crime is another problem we are concerned about. Reading from the April 14th issue of the Wescove News,'Chief Sill said "...the more you put people together the greater are the calls for services of the police. This is true no matter where you go. This is not to say that crime does not exist on broad streets with wide roads, trees and lawns but it is far greater in apartment complexes and in otherwise • crowded areas." And, we feel that is something to be considered. Also, I wanted to say,just because it is a single piece of property there we feel that apartments are not the only answer. We were thinking about Covina next to the Eastland Theatre, on a small piece of property they recently built single family homes that are very nice looking and I believe all the neighbors°are happy about the homes and they'sold very quickly at a nice price. - 12 - CITY COUNCIL Page Thirteen PUBLIC WORKS 4/26/76 Some of the twenty—five that received notices are not here because they had previous commitments. We spoke to them and they join us in our feelings.. I would also like to ask Mr. Harris how long he has owned the property. I am not sure but I think it was purchased with the idea of putting apart— ments on it. We ask Council to consider our rights. There are • thirty families on Morada Avenue that will be affected.by this. Many of them have been residents there for over twenty years and we feel we would like your consideration when you make your decision. Thank you. Olga Guamato_ (Sworn in by the City Clerk) 134 No. Morada Ave., It is true that. -the lot needs improve — West Covina ment. Like Mrs. McGrew said -why can't they build something residential like next to the Eastland Theatre — we would all approve of that. But I guess what we approve of is not important. If they do put up the apartments I would like to know why.they can't put the enclosed carports right in back of our fences? They are 'going to put a 6' wall there whereas the carports would be a little higher. I want to make that suggestion. I think it is only right that you people consider the homeowners also. I have a pool and a 6' wall is not going to give me any privacy. I am sure if you people lived there and your wife wanted to go out and swim she would feel rather odd not knowing who would be staring at her. So if you are going to approve this building I would appreciate if you and Mr. Harris would consider putting the carports next to our fences, it would give us a lot more privacy. He might think by putting that carport there it would take privacy away from the people that will be • renters but they are going to put a block wall where we have a fence so they could put a little wall where their yards are. It would make us feel a lot better if that is your final decision allowing him to build the complexes then at least consider us homeowners a little bit, it would make us feel much better. Thank you. Lucille Contrafato (Sworn in'by the City Clerk) 124 No. Morada I live right in back of this property West Covina and have been here for twenty years and enjoyed my privacy.which the apartments would take -away from me and also reduce the value of my property. There are cars parked on Garvey now and this means the congestion will be even more so. I am opposed to the zone change. Mrs. Ann Grossman (Sworn in by the City Clerk) 118 No. Morada I would like to agree with the other West Covina people that spoke. This property would be facing my backyard and the cars would be giving off fumes — my child has many many allergies and I am not in a position to sell my home at this time. We have lived here for twelve years. I am mainly concerned about the elementary school children, the playground faces this property and the other apartment,.: there has proven to be a menace to these children. They have ditched school, jumped over the fence and hid in the washrooms. So I feel this is a menace for the children. Thank you. • Helen McGrew: Mr. Mayor, a question. If you do approve the zoning would we be able to make any recommendations after that or should we have said that all now? (Mayor Browne explained comments, suggestions, etc. are made now and Council will take them all under consideration. — 13 — CITY COUNCIL Page Fourteen PUBLIC HEARINGS - Cont'd. 4/26/76 Helen McGrew: If I may add something, I too would like the garages built-up against the proper- ty line and according to the plan we have there is an area next to the fence, along Vincent School, the north- west corner of the property, a sort of a secluded small area between • the fence and where the garages would end and I think that is just a place for our children to loiter. There is an existing old tree there that is about three -fourths burnt right now from a previous fire that children started and according to the plan the tree will stay. The children like to climb the tree and when they do they can look right into'our yard and our home. I would request that .the garage go right up to the lot line and the tree be removed. I hope you can comply with that request. REBUTTAL John Harris, Jr.: -Mr. Mayor and Council, offhand I don't know what it would do to our plan to put the carport on the west property line; however, it probably would be possible and move the open parking on the inner court. As far as the privacy, our two story units will be approximately 85' away from the west property line, which I believe with the 6' wall would give the neighbors to the west probably the same amount of privacy they have now. They are on deep lots and their homes are to the front and noise factors I don't believe would enter into this program. As far as the children coming from the grammar school I don't believe they would be able to scale our new 6' block fence which is required on the north property line because that is an elementary school and we hope to think that our project will be much much nicer than the existing apartment units to the east. Thank you. • PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Chappell: Mr. Mayor, a question of staff. Several times in the past when we have had apart- ments built adjacent to residential we required a certain type of screening - what requirements have we put into this plan to help implement their still having privacy? Mr. Diaz: Generally we require screening with land- scaping. We had an experience on Valley Boulevard where originally there had been imposed a condition that certain materials be placed in front of the windows but that condition had to be modified because of Fire De- partment requirements and access. So what We did there was set the apartments back at a distance from the carports and the driveway and the distance was a lot less than what we have here. In addition, when the landscape plan is submitted for approval we will make certain that the types of landscaping placed adjacent to the single family residence would be the type of material that would discourage anyone from climbing that wall. This is what we would attempt to do to guarantee the privacy of the residences. (Mayor Browne inquired if there was a slide showing the relationship of the Morada residences to the parking stalls; Precise Plan shown • and locations of buildings,'parking, etc., explained and pointed out.) Mayor Browne: The carports towards the center of the interior are they closed on three sides? Mr. Diaz: Yes. -The problem with the carports being placed on the west side of the property - 14 - CITY COUNCIL PUBLIC HEARINGS - Cont'd. Page Fifteen 4/26/76 is the required distance from residential units to covering park- ing.. There is a maximum distance required from the covered parking to the units in the MF-20 zone. Of course this requirement can be waived. Councilman Chappell: Couldn't we waive_,the requirement of the carports there and have them along the fence to provide the additional' screening from the single family residences? Mr. Diaz: That is a development standard and it could also be waived. (Discussion followed on the possibility of changing the location of buildings, etc., and Mr. Diaz stated the problem with flipping it around and having the units on the north then the units would be even closer.) Councilman Chappell: Mr. Mayor, I think it should be pointed out for the benefit of the citizens present that this Council has been very cognizant of the problems of apartments adjacent to homes. We used to allow 45 units to the acre to be built on property such as this and this Council has reduced that to a maximum of 20. At one time you could have had multi -story and higher buildings than we have here. So we have been thinking of that all the time. And the designation along the freeway has been basically commercial or apartment oriented because those homes along the freeway are really not happy homes, people would rather not be living there. The homes by the Eastland Theatre were built further away from the freeway. These are all things"'the Council has pidked-Cup throu.g.h the years and watched. . • I like the idea of moving those car- ports along the fence to give it more privacy. I think it has a lot of merit and not detrimental to those people living..in the apartments. Mayor Browne: Mr. Diaz - were the carports placed adjacent to the wall would that be on the property line or would they have to be setback? Mr. Diaz: Mayor Browne:. Councilman Shearer: matter of right could he Mr. Diaz: The carports would serve as the wall and be permitted to be on the property line. So in essence they would have something like a 9 or 10t wall versus a 6' wall. On the matter of privacy - assuming the applicant were going to build single family residences how close under a come to the property line? He could come within 25' and build two story family residences. • Councilman Shearer: I think the carport idea along the pro- perty line is a very brilliant idea. In looking at it it would seem to me that it might turn out to be even less expensive to do it by making the walls the carport and in lieu of -the 6' block wall he would then have his option of either saving the money or if he wished some sort - 15 - CITY COUNCIL Page Sixteen PUBLIC HEARINGS - Cont'd. 4/2E/76 of privacy he would take the wall and just trade wall for carport and still have the buffered area between the back yards of the apartments and the open space plus he wouldn't have to plant those trees along the border. So he might be able to work out a plan that would be even cheaper and from the demonstration here I would • think he would have some happy neighbors. (Councilman Miller asked if there were to be speed bumps in there and Mr. Diaz explained the distance is only 326' and it would be the applicant's option to do so. Mayor Browne asked Mr. Harris if he were in agreement with the suggestions made re carports?) Mr. Harris: I don't see any problem. The reason the carports were closer to the buildings was because of the code. I can't see any problems right now, I might tomorrow morning when I sit down with my designer. Motion by Councilman Tice to approve Zone Change No. 502 :from R-A (Residential.. ArgriculturaF)-.to,.-MF-20 ::seconded by Councilman Chappell and carried. Motion by Councilman Chappell to send the Precise Plan No. 673 back to the Planning Commission pointing out the facts recommended for revision; seconded by Councilman Tice and carried. MAYOR BROWNE CALLED A RECESS AT 9:03 P.M. CITY COUNCIL RECONVENED AT 9:15 P.M. SUNSET SCHOOL Mayor Browne: Council has received a PROPERTY copy of the letter sent to us by the Superin- tendent of Schools regarding the Sunset School property. (Read letter) I think in all due consideration of what has transpired . over the past that we are both now standing on level ground. I would like to invite Dale Henderson, the President of the School Board to step forward and discuss the ideas behind his Committee. Dale'Henderson: Mr. Mayor and Councilmen, it was my proposal at the last Board of Education meeting that the Board and the City Council.jointly sponsor a Blue Ribbon Commission made up of one member that we suggest plus four other members; two of which would be appointed or.elected by the City Council.and two by the Board of`Education to study the future use of Sunset School, the use of revenue, if any, derived from the sale. As you know last year we engaged in some formal negotiations which reached an impasse and while it was expressed both on the part of the City Council and 'the Board'of Education. that they would like to transfer title of this property to the City of West Covina for its use as a recreation- al site or other use, we could not come to a meeting of minds as to its future use and upon the price of that'property. Our recommenda- tion was this, since we had negotiated in good faith and in a dynamic and open meeting that did not reach a conclusion that perhaps by bringing in outside advice where there would be a lack of "vested interest" that there might be some agreement made. Our suggestion was this, Harvey Krieger hasserved as a City Council- man and Mayor, he has also served as advisory to'the Board of • Education and the Chairman of the Goals Committee and also in other functions within the School Disttict, a-nd it seemed to me within this individual we had a rather unique quality non-existent in many people, in the fact that he could head up and Chairmanship the commitfe'e for its input in terms of the Sunset 'School ;p'ro:p.erty. - 16 - CITY COUNCIL SUNSET SCHOOL PROPERTY Page Seventeen 4/26/16 Secori_dly, by appointing to the Committee two members by the City Council, two by the Board of Education, we would allow full input in -terms of what the community really wants from this piece of property and if in fact the City Council is right and indeed they would like this for a park site we might then • accommodate the City in -terms of the future use o-f this site and also the School Board in terms of the taxpayers money. So it was! this proposal that was made with some accord at our last Board meeting. It was an informational item and as a result of that we sent the letter you have in your hands. We would request that you look at this in terms of the fact it might be a way -to overcome some hurdles that might exist in either the City Council or Board of Education, and that we would begin work in June, with no specific date, in terms of the report of this "Blue Ribbon Commission". I say June, because it will take some time for us to agree on what the charge of the Commission will be, the kind of meeting, and the type of input we would like to give them. Are there any questions? Mayor Browne: Mr. Henderson, I think this is a very commendable effort on the part of the Board, taking this approach to it. I speak for myself, but I am sure Council would agree that this is the proper way to approach a situation that could become very con— troversial. It is`a logical approach, the method in which you suggest doing it. We have great confidence in Harvey Krieger and with the supplemental persons we would appoint to that group I am sure that both bodies could bring in a very good recommendation and be able to absolve the things that might be a little bit touchy in the area of the public, because they would be represent— ing the taxpayers of the City and.recommend.ing the proper direction • for both parties to go. I think.it is great. Councilman Shearer: I think it is a very commendable move on the part of the School District to make this suggestion. I would hope that the Council would concur and indicate to the School District acceptance of the offer and assuming they reciprocate on May 5thp we will appoint our members. I assume what we are talking about are members other than anyone from this body or your body. Mr. Henderson: Councilman Shearer, I would address myself to what I called.in quotations' - "vested interest", and I don't believe that any members of the School Board or Council, at this point would say they have any true vested interest in the negotiations that have gone before. However, I would suggest to you that since we did reach impasse and there was po.si.tions taken by the five members of each of those bodies that at this point it would be better if we put.i:t in the hands of five impartial people with adequate representation from both bodies. Councilman Chappell: Mr. Mayor, a comment. I think this is a great idea. I am.a firm believer that is a site that we need in that part of our community. When I was Mayor I attempted to get a • group fired up from the area that lived there and have use for that site, it didn't quite fire up, the spark orOmething wasn't there, but this is -a great idea.and I think from it will come a reality of a position and a site that I feel we desperately need. I commend your thinking of it and I am glad it comes about through.a new City Administrator and a new School Administrator, all working together on a new goal. I say "thanks" for thinking of it. I am certainly in favor of supporting this. If Councilman Shearer has made the motion I will second it. — 17 — CITY COUNCIL Page Eighteen SUNSET SCHOOL PROPERTY 4/26/76 Motion by Councilman Shearer to acknowledge and accept the offer of the School Board; seconded by Councilman Chappell and carried. Mayor Browne: We will direct the City Manager to reply to this letter to the School Board and the Superintendent saying that the City • Council is in concurrence with their suggestion. At the same time I think Council should start to concentrate on the names they would like to submit for taking part in this Committee. Councilman Shearer: Mr. Mayor, a comment. I would hope that the names we select that there would be some sort of a mutual inter -play rather than just picking two names and two names. I would think that perhaps a representative of the PTA might be appropriate, but if we both selected someone with a strong PTA background that might be a little heavily weighted one way or the other, or of any other seg- ment of the community that might be true. So before settling on names we might consider this and discuss it a bit further. Mr. Henderson: Obviously the Council representa a certain segment, the total of West Covina, and the School District represents a certain segment, such as the PTA, Teachers' Group and other such groups. It was our feeling since there are very acute differences that we would not participate or approve any of the representatives that you Bight make and however strongly you might like to partici- pate in our selection, you would not. If we get five independent people selected from whatever point of view they might bring in a totally independent point of view that might be acceptable but it need not be binding upon us. In this manner we might reach some accord. • Councilman Shearer: Obviously I did not make my point clear. I didn't mean to imply that we approve one another's:,selection, but there should -be some discussion as to what areas we would select from. If we both were going to rely heavily on the business community and this were not known to you and that is what we both come up with then we would not have this broad representation if we both acted completely in the blind. Mr. Henderson: I agree with what you are saying. What we are trying to developher,eris a dynamic committee where we can have a full and open hearing on both sides of this matter. The West Covina PTA7 has already made a report on this which would be made a part and parcel of this and given to'this committee. And secondly, that we have some tie in with this Committee in regards to the charges we give them. I suggested to you the availability of Harvey Krieger as Chairman and further suggest that we take the time to discuss this again. PUBLIC HEARINGS - Cont'd. CONSIDERATION RE RESTRICT- Mayor Browne: This matter was con- ING CERTAIN CITY tinued from April 12 EMPLOYEES TO JOIN OR and basically there • PARTICIPATE IN EMPLOYEE were some concerns with regards to the ORGANIZATIONS Police Department's clerical employees insurance coverage if the resolution was adopted. I assume this has all been worked outsto the satis- faction of the concerned -persons. Mr. Eliot: Mr. Mayor, we have spoken to those pro- blems enunciated at your last meeting. CITY:COUNCIL Page Nineteen PUBLIC HEARINGS-- Contd. 4/26/76 We have not made•a poll of all the honorary -members to find out if it meets with.their problems. We just responded to the questions that arose at, .the last meeting. One was the question of the con— tinuation of tho"se members in the police association for insurance benefits and that has been addressed in the resolution tonight. • The other question was the continuation of,the association itself in membership with PORAC or other State wide Police organizations that are primarily educational and to one they would not be sub— servient and the City Attorney has advised us at the end of the resolution that the West Covina Police Association could belong to PORAC or other State wide Associations of that type. PUBLIC HEARING OPENED. THERE WAS NO PUBLIC TESTIMONY, HEARING CLOSED. RESOLUTION NO. 5233 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RE— STRICTING THE.RIGHTS OF THOSE CITY EMPLOYEES WHOSE DUTIES CONSIST PRIMARILY OF THE ENFORCEMENT OF STATE LAWS OR CITY ORDINANCES TO JOIN OR PARTICIPATE IN EMPLOYEE ORGANIZATIONS. Motion by Councilman Chappell to waive full reading of said resolu— tion; seconded by Councilman Shearer and carried. Motion by Councilman Chappell to adopt said resolution; seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None • ORAL COMMUNICATIONS Billy Taylor I am here as a resident and as a member 2520 East Larkwood of the Project Board of the East San West Covina Gabriel Valley Consortium. I would like to take this opportunity on behalf of the Board to thank the City Council and the City of West Covina for the help they have given us to gef this started. What I am here for tonight is there was some concern at the last meeting about the location of the Director and his staff and I was told that you didn't exactly go against the other cities that.were offering $800e- for rent, I think everyone went along except the City of West Covina. I felt, and Ross Bonham felt, we don't have anything to apologize for as far as West Covina is concerned but I felt this Consortium should have its own identification and its own location and that if the City of West Covina is going to pick up the tab, so to -speak, and pay the rent until the County funds come through this might cause the County to drag their feet a bit. For this reason I feel they should be off on their own and establish their own identity apart from- 'any,,of the ,four cities and if anything should come up and the County doesn't agree to fund them after they finish their planning stage then I think it should be up to the community based organization to come up with whatever money may be necessary at that time. A • Mayor Browne: This happens to be under the City Man•ager's agenda tonight — Mr. Eliot, would you care 'to discuss this now? Mr. Eliot: Mr. Mayor and members of Council, as you recall at the last meeting the request .of the $800 appropriation was turned down — 19 — L • • CITY COUNCIL Page Twenty ORAL COMMUNICATIONS — Cont'd. 4/26/76 with a recommendation to staff to see if housing could be made available to the Consortium. City Staff has diligently looked through the City's stock of housing and we found that the.To.lu.ca Room, which was set aside for Council meetings with their be6sti— tuents has not been used frequently and it is available and the Council members.that I have talked to have graciously permitted that very nice meeting room to be used by the Consortium with no rent charge until such time as the County does approve funding for the Consortium. Therefore, it is still Staff's recommendation that the offer of space be made and that the money not be appro— priated by City Council., Mayor Browne: Mr. Taylor, I will start off tonight. I took the ground that the request for the $800,, that the City would supply for the rental of a facility would come out of revenue sharing funds and I do not believe in subsidizing any outside committee with taxpayers money intended for capital improvements within,. -our City as long as we have City facilities available for this use. There was an offer made of a store building which did not meet their approval. The City Manager came up with an alternative solution which will save a total of four cities $3200. Weare not asking for any rent for the facility here. That $800, that we would have to take out of revenue sharing would buy a radio for our Police Department and that would be the true intent of the expenditure of those funds. The County might go on another two or three months as you indicated and then you might have to come back and'ask for another $800 — well that well is going to run dry one of these days. I think the Council took the stand as long as we have available facilities here — and I don't know how that can con— flict with another City — at least until such time as the County comes through with the proper funding. In no way am I going to vote to take revenue sharing money to fund for a facility when we have facilities availabl.e. here in City Hall. Mr. Taylor: I agree with you on that but I don't feel they will be coming back to Council for anything else -and I still think they should be out on their own. I think what West Covina is proposing to do is worth a lot more than the $800,- as far as the money is concerned and it is saving the other three cities, they are not providing their share. And one thing I wasn't quite, clear on was the $600. According to my calculations it was to be $600, a few months ago and I thought you might reconsider the figure of $600,: rather than $800. Mayor Browne: It has been projected out for a longer period of time and now we have indica— tion that it might be for another 60 days, which would require additional monies appropriated. I am sure the facilities that we are offering are finer than anything you can obtain in any private sector.. Mr. Taylor: I agree with that part of it. My con— cern was that they should maintain a separate identity and I don't believe they can do this located -in a City Hall," Mayor Browne: We had the Probation Department in the City Hall and they are a separate identity. We lease out to other functional organizations within government structure and they are separate entities. — 20 — CITY COUNCIL Page Twenty—one ORAL COMMUNICATIONS — Cont'd. 4/26/76 Mr. Taylor: I am also afraid if we give it to them the County will take their time, drag their feet because of it. Mayor Browne: If they are already committed I don't know how they can drag their feet,- it is just a matter of appropriating the funds. Councilman Shearer: Mr. Mayor, I can see Where there might be some concern that if the City of West Covina provides it free that the County might drag their feet. On the other hand they might also drag their feet if the cities are ready to come up and supply the money. You can try and out --guess the County, which is pretty fruitless. I think if we make it clear from the outset that we will loan a room that was intended for other purposes and we expect to get it back, I think our.chances for making a case for this being a non- permanent situation would be just as good, if not better, than if we are willing to come up with the money and rent space where when the County steps in they don't move, the County might say well here they already got it so why do they need anything from us? Whereas, upstairs they might be evicted. As the Mayor pointed out the facility is more than adequate, it has all the nice amenities that go for a good working atmosphere. Motion by Councilman Shearer that the City Council authorize the use of the Toluca Room through the month of October to the Con— sortium; seconded, b.y,' Councilman Chappell. Councilman Chappell: These rental funds are just a very small portion of the County money they will be expecting and if they hold it up for • that reason they will hold up the whole.project and strangle it anyway. I think the City of West Covina should.be thanked by the Board for the Use -of this room in order to get them started. We know they have,a lot of paperwork to do that is necessary to get into the County for approval. I'am Chairman of the Consortium Bo'aid.and I personally didn't want it here but I have seen the reality'of.what we'are doing and that it is very temporary, so I am supporting it. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Kathy Bones I would like to address myself to an 1428 - item you just took action on — West Covina West Covina/School District joint Committee. Since you changed the format I wasn't able to speak prior to that action. I was in attendance at the School Board meeting last week when the proposal .waspresented by President Dale Henderson. I'foun'd it to be a very positive approach to settle the future of Sunset School. I think the decision of the Committee will benefit all the people of West Covina. I feel it is an excellent idea that will receive your positive action. I just hope you will consider very carefully • woen you appoint the people to the Committee.so that it will be broad based — I know you have been very good on that in the past. Thank you. — 21 — CITY COUNCIL Page Twenty-two CITY ATTORNEY AGENDA - Cont'd. 4/26/76 .RESOLUTION NO. 5233 The City Attorney presented: .ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF WEST COVINA, CALIFORNIA, DECLAR- ING ITS INTENTION TO WITHDRAW.CERTAIN TERRITORY FROM-.THE.WEST.COVINA SEWER MAINTENANCE DISTRICT. (Public Hearing date, May 24, 1976). Motion by Councilman Miller to waive full reading of.said resolu- tion; seconded by Councilman Chappell and carried. Motion by Councilman Miller to adopt said resolution; seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None PETITION FOR RECOGNITION Motion by Councilman Tice to -recognize WEST COVINA POLICE the classes of'employees of captain, OFFICERS RELIEF ASSOC. lieutenant, sergeant, agent, and police officer in the Police Department of the City as constituting an app-rop•riate representation unit, and approve the establishment of that repre- sentation unit; and further to recognize the West Covina Police Officers Relief Association as the majority representative of the employees in that representation unit; seconded by Councilman Shearer. Councilman Miller: Does that also exclude the cadets? In the second sentence in the first paragraph it says "Basically, the ....." The word "Basically" leaves it open I think. I would like clarifi- cation to that. Mr. Eliot: Mr. Mayor and Council members, the action that the Honorable Council took just a few minutes ago in restricting members in the Association meet and confer to sworn officers only has now, until any other action is taken,,by Council, permanently barred the Associa- tion from representing anything other than sworn officers. Councilman Miller: I would suggest that we keep�,our wordage consistent -then. Thank you Motion carried. AGREEMENT WITH Motion by Councilman Miller to approve LOS ANGELES COUNTY YOUTH theagreement with the Los Angeles CENTER - CETA TITLE I County Youth CYnter/Ceta TitleI, and (Staff Report) authorize the -Mayor to sign.said agree- ment; seconded-•b•y­Councilman Chappell and carried on roll call vote as follows: AYES: -Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT None (In answer to Council's question Mr. Northcraft stated currently • there is only one individual we are discussing -with t-he L..A. Youth Center but the agreement once established would probably leave it open if there were one or two additional employe,es;-he felt the agreement would allow the City.to enter into further agreements on an individual basis.) - 22 - CITY COUNCIL Page -Twenty—three 4/26/76 (MAYOR BROWNE RECESSED THE COUNCIL MEETING FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING AT 9:53 P.M. CITY COUNCIL RECONVENED AT 9:55 P.M.) CITY MANAGER • ANTIQUE FIRE""TRUC-K Motion by Councilman Shearer to REQUEST' approve the requestof the East San Gabriel Valley Life Underwriters Association for the use of the LaFrance Antique Fire Truck on April 27th for their fourth annual fund raiser for the Ame-rican Cancer.Society; seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None YOUTH:`AD.VISORY COMM. Motion by Councilman';Tice to approve the ".RE.QUEST request of the Youth Advisory Board to become a member of the National Network and authorize the expenditure of $20 from the Meeting and Membership Account No. 744.5-47.; seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES.: None ABSENT: None CITY MANAGER Mr. Eliot: Mr. Mayor and members of RECRUITMENT' Council, this is an in— formaF;,tional report re— .garding the recruitment for the City'Manager.., Our present informa— tion -is -that possibly the -five finalists would be available for the weekend of the l5th,of May. However, since the report was prepared I learn that date coincides with the Chamber of Commerce's seminar • that some of the members of _Council may wish to attend. So we may have to schedule the interviews a week earlier or a week later so members.of -Council.may be in attendance at the interviews. We will contact you individually and work it out between you and the State Personnel Board. The motion now would be to receive and file the report. (Councilman Miller asked that the names of those that are on the Screening Board be made available to him when they become official and Mr. Eliot said they would. Councilman Chappell asked how many applications were received and Mr. Eliot said 96 and the State Personnel Services is presently screening them down to a manageable number. Explained the procedure being followed.) v Motion by Councilman Chappell 'to receive and file report; seconded by Councilman Miller and carried. INDEPENDENCE DAY Mr. Eliot:' Mr. Mayor and members of PARADE REPORT Council, this is a report of the Independence Day Parade and primarily concerns itself with the route of the parade. It is to travel in the opposite direction of the past years, it will commence in the Cameron/Lark Ellen area proceeding to the Fashion Plaza and disbanding there where certain prizes will'be • awarded. The route has been reviewed with the Bicentennial Committees and the Parade Committee and -they are in agreement as well as the Police Department. It is recommended to you that you review the route as shown here in the report and authorize the staff to furnish the necessary manpower and equipment to allow the parade to go forth. — 23 — • • CITY COUNCIL Page Twenty-four CITY MANAGER AGENDA- Cont'd. 4/26/76 Councilman Shearer: Two areas I would like to comment on. One - I hope this is reported that the Council does not dictate which way, east/west, north/south', this parade runs. I have had a numbe-r of people contact me with that impression, that we ought to dis- approve this because they thought the parade should end at the park rather than the shopping center. I might agree with that, in fact I do, but I don't think the job of the Council is to determine that anymore than it is to determine the type of cars that will be used. It is up to the Parade Committee to make that decision and anyone who is unhappy with the report of the July 5th Parade Committee should contact the ,Committee and not their City Council member. The second comment is I noticed in the report the probability of the need to close the California off - ramp. My word of advice is that the necessary application be made to Cal -Trans very quickly for a permit to do this. It does not �o through the Highway Patrol. In order to be legal it must come from Cal -Trans. The normal policy of Cal -Trans is to bill the requestee for the cost in closing the off -ramp. I would suggest that the City apply.for the permit and the City request permission to place a few barricades by our Police Department and I believe if it is done in that manner rather than by the Parade Committee making the request that we Will be allowed to do it, otherwise the Parade Committee will be stuck with a rather large bill because you have to pay a man four hours at time'and a half plus the cost of his truck to come out on the 5th of July and set up and take down the barricades, and that application should be made promptly. Mr. Eliot: Thank you. We will take note of that and follow that procedure. Lotion by Councilman Shearer to approve the Independence Day Committee's parade route and not the direction; seconded by Councilman Tice and carried. ROCKVIEW DAIRY Lotion by Councilman Chappell to accept ABC APPLICATION (Staff`"Report) the Staff report; seconded by Councilman Miller and carried. MAYOR'S REPORTS PRO-CLAMAT'ION Hearing no objections by Council the Mayor proclaimed the following pro- clamation: ° Go.odWill..;Week`, :.May2/8, ; 1976. MID -VALLEY COMMUNITY Mayor Browne: We have a request from MENTAL HEALTH COUNCIL slid -Valley asking REQUEST Council to endorse Assembly Bill 3638 re the Comprehensive Youth and Family Intervention Demonstra- tion Project. Councilman Shearer: Mr. Mayor, along with Councilman Tice, we represent the City of West Covina on this Board. This phase of legislation is one that originated with Mid -Valley primarily through the efforts of Dr. Ullah and it.is, we hope, a way in which Mid -Valley will be able to be fully funded in the immediate future. There is no guarantee in this particular legislation that Mid -Valley will be the benefactor. I recommend that we go on record supporting this piece of legisla- tion and that we communicate over the signature of the Mayor our full support of AB 3638. Seconded by Councilman Tice and carried. - 24 - CITY COUNCIL. Page Twenty—five MAYOR'S REPORTS 4/26/76 FLAG CONTEST Mayor Browne: I have one other item. We had a flag Contest within our City and I am positive there was some misunderstanding on the part of the Committee. At the last Council meeting they had drawings of flags here for us to make a selection from. As a result • Jan Marsten, who heads up the Committee, obtained prices on making up the flag and on having a precise drawing made of it. This precise drawing would cost about $167. I suggested to her before going any further that she hold up on it. I felt there was a misunderstanding somewhere along the line. I would like some clarification on this. This Committee has the money to spend for the flag but I think in all fairness to them we should give them the true intent of the Council before they spend this,money. Councilman Chappell: Mr. Mayor, we don't know what flag is being selected by the Bicentennial Committee to represent our City. I think we should all see a diagram of it and make a decision whether we want that flag to represent the City from now on. Could we get a copy of the drawing or rendering? • Mayor Browne: I think she was going on the five that were up here at the last meeting. (Explained the results of the voting) There were only two selections that would halfway meet the criteria. On her visit to this company they were willing to take the suggestions of the City Council and draw up a precise flag but that would cost $167. So I think we had better have some communication on this between Mrs. Marsten and the City Manager clarifying the stand they took versus the stand C-ouncil wants to take. If we want a flag.perhaps we should direct them to come up with a rendering _ this would have to,be done by vote. Councilman Tice: Councilman Chappell: Wasn't there some type of criteria where we specified that't-he city colors were to be used? I believe that was in the original information to those that were going to design the flag. Councilman Shearer: Mr. Mayor, I don't think there was any requirement that the city seal be used. I believe there was a requirement that the basic color of blue be'used'and that was the only requirement made. I believe I brought it up at a meeting when some of the PTA people were here to clarify what was an assumption on some people`s` part that the winner would automatically become the City's flag. We had quite a discussion here -that night and the decision finally was that we would review them -.and if it came out there weren't any that really came out too strongly — which is what has happened. So I would want to see but not at $120 but perhaps some person can sketch in more detail than the sketches we sate on the wall. Mayor Browne: Apparently the replica of the city seal is.the most costly part of making it. -Iwill send this to Mr. Eliot and if he • will draft a reply with some guidelines as to our impressions and directions so they will not be left wondering what the true intent on our part is. (Mr. Eliot agreed to draft the letter.) — 25 — • 11 CITY COUNCIL Page Twenty-six COUNCILMEN'S REPORTS/COMMENTS 4/26/76 Councilman Chappell: As you all know, the League Board met with the Supervisors and the funding of the ATC funds will be for another year. At the same meeting there was an attempt made to get the prevailing wage charter changed and get it on the ballot. To date we have not received the third vote necessary. So the.final • answer tie don't know. The League requested RTD to call an election to replace Mrs. Gregory as the League's directive says the representative to RTD should be an elected official. Mrs. Gregory has seen fit not to resign because RTD says she doesn't have to. So we will probably be holding an election providing we can get the approval up and down the line to replace her. At the present time there is no replacement for Mrs. Gregory. Councilman Tice: I have two items. Easter morning there was an Easter Bunny at my door with an Easter basket with a vote of thanks from the All City Band. I thought that was very appreciative of them. Also, I think we all received a letter from a gentleman commending us and reaffirming his faith in the elected officials. I thought this was very nice and very well put. Councilman Shearer: Two or three meetings ago I passed out a packet of material on Proposition 15 that will be on the June ballot. As I stated earlier this evening it is my feeling that Council should only address itself to propositions which have an effect on the City as a whole. I think the City of West Covina is probably the highest consumer of electricity within the City and Proposition 15 has a definite effect on the City as well as on every individual citizen. I am asking that the Council go on record in opposition • to Proposition 15. I'..think it is an overkill. I -believe that the provisions in Proposition 15 which tie in the ability of present nuclear plants in the State to operate at a capacity ties in with a provision that the Federal Government do something is ill-- conceived because that is like saying - you don"t play the game my way I will take my ball and go home. That is the surest way to get Senators from Arkansas, Missouri, Missippi, Maine, etc., to say what are you trying to make us do you people in California? I don't think that is the way to get resolutions adopted. Further provisions allow a very small portion of the State Senate to block certification of rules regarding safety. I think again placing in a small minority the ability to greatly inhibit California from progressing and not even progressing but status quo and even .discounting some of the predictions as to energy shortfall, etc., with the fossil fuels, that there should be no question in anyone's mind, environmentalists included, that if we don't do something and do it quickly with proven sources of energy that if we wait to develop the technology for more of the so called exotic sources of energy that we may have a period of time when we won't be able to brush our teeth electrically, dry our hair electrically and more basically light our homes: I think it is an ill-conceived piece of legislation, I don't fault the concept of safety but there is a risk involved in everything we do and I think in this case the payoff is worth the risk we take, , I would move that the Council go on •, record in opposition to passing Proposition 15. Councilman Tice: Mr. Mayor, a comment. For a good many years the organization I am working for has been handling nuclear materials and I personally have been involved in reviewing the requirement set - 26 - • CITY COUNCIL Page Twenty—seven COUNCILMEN'S REPORTS/COMMENTS 4/26/76 forth by ERTA and the State of California. All the years we have been handling materials we have never had any safety problems. The requirements put forth by the State and Federal Government are very stringent. So I personally feel there is not a safety problem. I would second Councilman..Shearer's motion. Motion carried. APPROVAL OF DEMANDS Motion by Councilman Shearer to approve Demands totalling $1,452,235.86 as listed on Demand Sheets of U.C.B.No. 55006 through 55161 and B.A. No. 399 through 400; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None ADJOURNMENT Motion by Councilman Shearer to adjourn meeting at•10:33 P.M., to Monday, May 3, 1976 at 5:00 P.M.; seconded by Councilman Chappell and carried. APPROVED: 2 - 27 -