03-23-1964 - Regular Meeting - Minutest
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
March 23, 1964
The regular meeting of the.City Council was called to order by Mayor
Barnes at 8:00 P.M. in the West Covina City Hall. Councilman Heath
led the Pledge of'AllegiaAce. The invocation was given by Rev. Fay
Miller of St. Timothy's Lutheran'Church.
ROLL CALL
Present: Mayor Barnes, Councilmen Towner, Heath, Snyder
(from 8„05 P.M,)
Others Present: Mr. Robert Flotten, City Clerk & Administrative Assistant
Mr. Harry C. Williams, City Attorney
Mr. Thomas J. Dosh, Acting City Manager
Mr. James Kay, Director of Finance
Mr. John Quincy Adams, Public Works Director
Mr. Harold Joseph, Planning Director
Absent; Councilman Jett
Mr. George Aiassa, City Manager
APPROVAL OF MINUTES
February 3, 1964 - Approved as presented as follows:
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
that the Minutes of February 3, 1964 be approved as presented.
February 10, 1964 - Approved as presented as follows;
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
that the Minutes of February 10, 1964 be approved as presented.
SCHEDULED MATTERS
BIDS
Project C-74 LOCATION: Orange Avenue from
S D-6318 Walnut Creek Wash to
Street and Storm Drain Improvements Sawyer Street.
Bids opened in office of City Clerk, March 19, 1964, at 10:00 A.M.
The bids received are as follows:
STRECKER CONSTRUCTION CO, 10% bid bond Proposal 1 $103,430.84
(specifications returned)
PETER SALATA CONSTRUCTION 10% bid bond Proposal 1 1.10,885.65
MAC DONALD & KRUSE 10% bid bond
(specifications returned)
MIKE MASANOVICH CONSTRUCTION 10% bid bond
(specifications returned)
Proposal 1 111,320.45
Proposal 1 111,927.55
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Ce_ Co 3/23/64
PROJECT C-74 AND S,D, 6318 - Continued
B. J, ZARUBICA
(specifications returned)
COLICH CONSTRUCTION CO,
(specifications returned)
SULLY MILLER CONTRACTING
(specifications returned)
FALCON CONSTRUCTION CORP,
(specifications returned)
B, C, WALKER
(specifications returned)
HARMON T, MAY 6 SONS
(specifications returned)
CHARLES L, BURCH 6 SONS
(specifications returned)
M 8 J CONSTRUCTION CO,
(specifications returned)
• GANTRY CONSTRUCTION CO,
• (specif.ications returned)
LUBANKO 8 SONS CO,
REX W, MURPHY
(specifications returned)
LAIRD -PAVING CO,
10% bid bond
10% bid bond
10% bid bond
1.0% bid bond
10% bid bond
10% bid bond
10% bid bond
10% bid bond
10% bid bond
10% bid bond
10% bid bond
10% bid bond
Page Two
Proposal 1 $1129368.36
Proposal 1
Proposal 1
Proposal 1
Proposal 1
Proposal 1
Proposal 1
Proposal 2
Proposal 1
Proposal 1
Proposal 1
Proposal 1
113,307,96
113 9604. 29
1159007.25
1159454.50
1189399.38
1180736.48
1259785,22
1349168,78
134.10456.75
1369872000
1569954,02
Motion by Councilman Towner, seconded by Councilman Heath, that the
bid for Project C-74 and S.D. 6318 be awarded to the Strecker:
Construction Company on the basis of their low bid items Proposal
No, 1 for a total estimated contract amount of $103,430.84. Motion
passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Mayor Barnes
Noes: None
Absent: Councilmen Jett, Snyder
.PROJECT S,P,6327 LOCATION: Valinda from Mobeck
• STREET IMPROVEMENT Street to Service,
• Bids opened in office of City Clerk, March 19, 1964, at 10:00 A.M.
The bids received are as follows:
JASPER N.
HALEY
10%
bid
bond
$59711;20
GRIFFITH
COMPANY
$800
bid
bond
69837.60
W, E, McKNIGHT CONSTRUC, 10: bid bond 69959.00
(Councilman Snyder entered the chambers at 8:05 P.M.)
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C, C, 3/23/64 Page Three
PROJECT S,P,6327 - Continued
Motion by Councilman Towner, seconded by Councilman Heath, that the
bid for Project S,P,6327 be awarded to Jasper N. Haley on the basis
of his low bid items for a.total estimated amount of $5,711.20,
Motion passed on roll call as follows:
Ayes Councilmen Towner, Heath, Mayor Barnes
Noes: None
Absent; Councilman Jett
Abstained.: Councilman Snyder
HEARINGS
DISTRICT A'11-62-1 Hearing of protests or objections
SANITARY SEWER DISTRICT to the confirmation of assess-
ments to cover the installation
of sanitary sewers in the Nora Avenue and Other Streets Sewer District,
set for hearing this date in the Notice of Filing Assessment and
Diagram dated March 6, 1964,
Mayor Barnes; Mr, City Clerk, do you have the
notice of publication, posting
and mailing?
City Clerk, Mr, Flotten: Yes,
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
to receive these affidavits and place them on file,
Mayor Barnes:
Mr, City Clerk, have we received
any written protests or objections
against the assessment?
City Clerk, Mr, Flotten: Yes we have. We have a letter
dated March 19 directed to the
City Council in protest to Sewer Assessment No, 121 from Edward Ammer
1503 Garvey, (Read said letter,)
The next letter is from Frank
DePietro, dated March 19, 1964 protesting Sewer Assessments 118 and
119, (Read said letter,)
We havt a letter from Mr, and
Mrs, Lester G. Lynn, 446 North Orange Avenue protesting Sewer
Assessment No, 446, Assessment No, 557, Lot 7, Tract 16474, (Read
said letter.)
We have a letter from Mrs,
Pauline De Philips, 502 North Orange, West Covina, protesting the
assessment of Lot No, 2,.Tract 16479, (Read said letter,)
We have a letter from Ogg E,
Zahradka, 507 North Sunset, protesting Assessment No, 484, (Read
said letter,)
We have a letter signed by Paul
e'Uo'c&hart, Covina Motel, 16.37 West Garvey, protesting the assess-
ment, - (;".Read said letter.)
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Cm C, 3/23/64
DISTRICT A'11-62-1 - SANITARY SEWER DISTRICT Continued
Page Four
We have another letter signed
by L, C, Clemmer, 1527 West Elgenia$ Assessment No. 340, Lot 67,
Tract 214779 protesting the assessment, (Read said letter.)
Mayor Barnes:
Mr, Hinrich:
Mr, Pat Rosetti,
City Clerk, Mr, Flotten:
Nos, 479 and 480 and is in protest,
(Read said letter,)
Are there any oral protests
from the audience this evening?
I wrote a letter and I didn't
hear it read.
I have that letter. I think
it should be read.
This letter is dated March 9,
1964 and refers to Assessment
This is signed by W, B. Hinrich,
Mr, Pat Rosetti: On Mr, Hinrich's assessments,
after we filed the assessment
rolls and diagrams$ we found two pieces of property that were"not
designated properly on the diagram and we are still having a problem
determining the exact location of those properties, We are in the
process of getting confirmation of title insurance and they are also
going to survey them. They are to the east of the Del Norte Park,
These two parcels of land were behind Mr. Hinrich's property, At the
present time it seems the park has acquired those two parcels of land
and we are splitting up one portion of that one parcel and the City
will assume the fair.share of that burden and Mr, Hinrich will assume
the other$ which is about $60,00, The other one which is due north
of that is about $351,00 and the City is going to assume the burden
on that and we have made provisions for that so the person who was
billed for that will not be charged.
The other two are errors,
miscalculations. That is No, 552 and No, 557, Philips and Lynn.
We have corrected the dimensions,
No, 121. (Drew diagram on
board and explained same,)
Councilman Heath: The question that comes to my
mind is this: On this property
to the right you have a parcel which is 170 feet along Garvey and you
also have parcels to the north of it the same length. In arriving at
assessment of the parcels to the north they took the frontage and
multiplied it by the rate, This, parcel to the south should be given
credit for the same depth as those parcels to the north, I don't
feel it is justified to take those parcels to the north and give them
a credit of 170 feet and go to this corner lot and give them 105 feet
deep. I can't justify why there should be three laterals put in
due to the fact this property is zoned R-3 And wil-1 develop as one
unit and there should be one lateral to the property, I would think
both parcels on each side of Yaleton should be given the same con-
sideration as the parcels adjacent to them to the north, taking the
front footage on Yaleton and give all parcels credit of 170 feet
in depth, use the Yaleton frontage as assessible front foot.and
multiply it by the rate,
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Page Five
.DISTRICT A111-62-1 - SANITARY SEWER DISTRICT Continued
Mr, Edward Ammer: I owned that property before
anything was developed in
there. If you charge from Garvey, go back 170 feet, that is the
same depth you took from Yaletoh property.
Councilman Heath: The properties adjacent to
this you give credit of 170
feet deep but you are taking this corner parcel and giving him credit
for only 120 feet because of,some parcels one-half mile away.
Councilman Snyder: The corner parcels are com-
pletely usable whereas those
deep parcels up there are sort of hardship lots. It is not what the
owner specifically is going to do; it is what can be done with the
lot by whoever owns it. I think this is what Mr. Rosetti has to take
into consideration.
Councilman Heath: He says he was not notified of
a second and third lateral being
put in.
Mr. Pat Rosetti; (Drew diagram on board and
explained the DePietro protest.)
In assessing, we have to assume that where these laterals were.placed
is the right place.
Councilman Heath: The chances are he will never
build another building on that
one parcel to the right. He is right in the fact that he will not
use this other frontage. By the same token, on the parcel next to
it he is constructing a building to the front and the whole back will
be parking spaces so the usable footage to him is one-half of the
southern part of the property and one-half of the northern part
of the property giving him a full total of the full length and I
think he is right.
Mr. Pat Rosetti; The sewer is a permanent thing
and how the property is used
25 years from now may be different than it is now. If we don't
assess him now we can never pick it up and somebody else in the
district will have to help pay that.
Mr. Frank DePietro The north side will be occupied
28320,Wayne Avenue by parking because we are going
Los Angeles to a two-story building but it
was not the intent when the
original assessment for the sewer was made. It is my burden and I
will pay for it. This parcel is one parcel over and will never be
• developed any other way. The only service is up here and there is
• no service around and there will be none at all so I feel as I have
the service only on this part I expect to pay this line but not all
the. way around.
Mayor -Barnes; I don't think this excludes
this property from paying its
proportionate share in accordance with the rest of the residential
area. If you don't pay your part a homeowner is going to have to pay
for it. You are getting a much greater density and possibly putting
in. more .f-a,c1lities than they ever will on a residential lot but I
think in a1'1 fairness to the rest of the people owning homes around
there that you should pay this proportion the same as they do.
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C, C; 3/23/64
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DISTRICT A111-62-1 - SANITARY SEWER DISTRICT Continued
Councilman Heath: I can't go along with that
because what you are asking him
to-do.in my estimation is to take more of an assessment than what he
feels he is entitled -to and more than I think.he is entitled to so the
people in the area can come up with a lower assessment. I.think the
man should pay what he is.entitled to pay but to use the idea if you
:d-on't pay more than what he is entitled to pay the property owners
are going to have to take it --
Mayor Barnes; Only what he is entitled to on
the basis of what Mr. Rosetti
just showedi the possibility of six lots,
Mr, Frank DePietros On one lot I asked for one
lateral; I got four and they
charged me for four. On the other I asked for one lateral and they
gave me three and I was charged for them. On this other one I have
only one building and there is no way to put in another building
and there are five, not four laterals.
Mr. Pat Rosetti; These laterals are put in where
we feel it will develop, One
reason we put laterals in is if this was County property they would
go every 60 feet and put a lateral in whether you needed it or not
because it is easy to put a lateral in than to come in later and
put it in, You can give him credit and flag the laterals and then
if he wants to use them in the future he can pay for them when he
hooks in, He feels everybody should pay for the front footage of
their property and we do it that everybody pays according to the
benefits,
I will now discuss No, 198,
Mr, Lockhart's protest., (Drew diagram on board and explained same,)
We gave them 160 feet on both sides and two laterals on both sides,
Mr, Paul T. Lockhart The sewer comes through on
1637 Garvey Boulevard Harbert where these laterals
are indicated along Garvey,
It seems to me I am being charged, and this business has been
established since 1958 and has been zoned C-1 for quite some time, the
units we have on the place extend here. Talking this over with the
City Engineer's Office we asked for one lateral on Garvey and one
lateral on Harbert but the one on Harbert was not placed where we
wanted it and we paid $100 extra to get the lateral where we wanted
it, I think by bill should be around $1,100 and it is somewhere
around $2500,
Mr, Pat Rosetti: What the man has on the property
is not real property; it can be
moved in 10, 159 20 years, This sewer will be here permanently,
Councilman Heath; My quarrel is with the number of
laterals again It doesn't seem
logical to expect a C parcel to be rezoned to R-1 or to be broken up
into R-1, I think you have to take into consideration the zoning on
the property because of the fact this will determine most likely the
way it is going to develop,
C. C. 3/23/64 Page Seven
DISTRICT A111-62-1 - SANITARY SEWER DISTRICT - Continued
Councilman Towner: I think that assumes that if a
piece of property is broken up
that it will go from one zone to another.' This is not true under our
laws. A person can break up C-1 property, R-3 property, R-P property
or R-1 property. Mr. Lockhart mentioned the lateral he asked for was
not put in and he had to have another put in at an extra charge.
What is the system for notifying our engineers as to where the laterals
will goy whether he gave proper notice and whether or not he should be
allowed credit for that extra $100?
Public Services Director, Mr. Dosh: We mail out cards to the people
in the district and they are
supposed to reply, We have to make certain assumptions because most
.people don't reply and we have to guess where we think they would
want them. We do make changes up to the last minute before the
sewers are put in if we catch them in time.
Mr. Paul T.. Lockhart: The lateral I asked.for on the
Lot 9 was put in properly. I
did receive the card and I did answer., I checked and found there
had been a misinterpretation of what I had asked for and then I paid
the extra $100 in connection with saddling that sewer there. I am
not complaining about that because we needed the sewer. I do feel
• that Lot 9 is directed and can also flow out to Garvey Boulevard.
Anything built on Lot 8 plus the l0 feet can. go to Harbert Street.
• I feel I should be charged for 85 feet on Harbert and 75 on Garvey.
Mr. Pat Rosetti: On Assessment No. 340, Clemmer,
where he ruined his tire. Each
contractor has insurance which takes care of these claims and they
take time to process them. Actually, he takes the insurance out and
he doesn't worry about these claims. The contractor tells the insurance
company that there.is a claim and asks themto take care of it.. I
would say that the $22 he certainly could have paid it. In cases
where the amount is much larger, rather than hold the assessment we
have the contractor post a bond for the amount to guarantee that they
will be paid either by the insurance company or the contractor and
one or the other had to pay.
City Attorney, Mr. Williams: I think you could do this if
you feel satisfied that the
amount is justly payable by the contractor. Of course he could sue
in the Small Claims Court, too. I think perhaps if we hold up we
should make it condition on us.getting a judgment rather than decide
the merits of it, require the contractor hold until it is paid or
until a judgment..is paid. I don't know the merits of this at all.
Mr,o Pat Rosetti: If you give consideration to
•
this tonight or make any action'
. one way or the other, once you confirm it, this man will have to .
depend on whether the insurance company will want to give him anything
or not. Whether his claim is valid, I don't know.
(Drew diagram of Assessment
No. 494 and explained same.) We charged him for just one lateral.
If he chooses to use the property as one large piece of property,
that is his privilege. We charged him for 70 feet on Sunset and a
minimum of.30 on Rowland. This might,be a future lot; it.might
also ,,be .-Future City property.
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DISTRICT A'11-62-1 - SANITARY SEWER DISTRICT Continued
On Assessment No, 479, there
will be an adjustment on this, This is the Hinrich property,
Mr, W, B, Hinrich I have 207 front footage on Sunset
419 North Sunset Avenue and as far as I am concerned, that
is what I feel I should pay
because you have me hamstrung, I have twp tax bills, I went to
Los Angeles County and now I have one'tax bill and that has nothing
to do with the.assessment; that is one piece of property,
Mr, Pat Rosetti: Since this lot was landlocked,
I gave it acreage assessment
so if it does develop it will have the privilege of connecting to the
sewer, I don't think $60 is too much to pay for that piece of
property,
Councilman Towner: I think if we take this property
eventually we would have to pay
in accordance with the value of the property and the value of the
property would be higher because of the benefit of the sewer. The
benefit is today and he should pay for it today. If we take it we
will pay for it later,
Mrb Zeno On these cul-de-sacs where your
548 North Hollow Avenue front footage is small but the
• back is wide, how do you arrive
at that?
Mr, Pat Rosetti: (Drew diagram on board and
explained same,) We try to
proportion it out,
Councilman Heath: On 4840 I think the assessment,
is too low,
Mr, Pat Rosetti: There is no lateral there. If
there was a lateral, it would
have been higher,
Councilman Heath: It is my feeling you are not
using the same logic in assess-
ing all parcels in this district,
Councilman Snyder: Apparently that was the City
staff's judgement on laterals,
not Mr. Rosetti's judgement,
Councilman Towner: What you are trying to do is
• provide an equalization of
assessment over all the properties in accordance with the benefits
• actually received and if you change the assessment on one parcel it
has a reaction throughout the entire district, If you lower one all
the other people have to pick up that extra difference,
Councilman Snyder: I think this one has more
problem pieces than any we have
had in a long time, 1 think he has come up with the omhy answer he
can; He has. had years of experience in this; the asseg.sments- her has
done in the past have been tested in the courts and I think he came
up with the only answers he felt were logical,
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Ca C. _3/23/64 Page Nine
DhSTRICT A111-62-1 - SANITARY SEWER DISTRICT - Continued
Mayor Barnes: Are there any more oral protests
from the audience?
(There were none.)
Motion by Councilman Towner, seconded by Councilman Snyder, and carried,
that the hearing be closed.
Councilman Heath: There was a statement made before
that if we made any adjustments
in any of these parcels it would throw the burden back on the whole
balance of the district. I think that we should and I would like to
ask Mr. Rosetti to clarify this. If this is the case, it is the first
case I have heard of in five year's where we don't have extra money
in the district and we have always been able to absorb this re-
adjustment without putting it back on the property owners.
Mr, Pat Rosetti: Certain adjustments can be made.
Normally after reviewing it
with.the Council and especially the property owners I would come up
with certain recommendations. Howeverg the assessments I have spread
I have spread in good faith and I can't recommend any change for
this reason. I have to justify it in case of court action. If the
Council feels.they want to change any particular one here they can
but with the provision that then the assessment becomes theirs and
not ours to defends those particular changes. In the few cases where
we feel that too many laterals have gone to a piece of property out
of all proportion what they might have used I think in that case we
could give the people consideration for that and give them credit
for those laterals and flag them and if some time in the future they.
want to use them you can recover that money. That will not dis-
proportion the assessment in any way at all.
Councilman Heath: I think that is a very fair.
suggestion.
Councilma-n-Towner: As far as the comment of Mr.
Heath that the City has some kind
of fund.we pick up the difference on these, this is news to me. If
we have some kind of slush fund I would like to know where it is.
It doesn't. so far as I know, exist. Secondly, I think it is pretty
clear that the law requires when you set up a sewer district that
the people benefited by the district pay for it and we have an
assessment engineer who attempts to arrive at an equalization of
these benefits so each pays in accordance to the benefit he has. I
don't feel we should provide special benefit for such property as
the R-3 or C-1 properties. They are entitled to benefit; they have,
the potential benefit; the only thing we can do is if they have extra
laterals at.this time which they feel they are not going to use we
can credit those and flag the laterals and if they use them in the
futures charge them for them at that time, but I see here as far as
I can recognize on this assessment spread there is only one situation
that I:.recognize where credit might be allowed and laterals flagged
and this is on the east portion opposite of Mr. DePietro's property,
I don't recognize any others; I don't recall any others. As far as
the balance is concerned, it appears to me that the assessments have
been spread fairlyq logically and in accordance with a reasonable use
of the property, I disagree with any suggestion that R-3 or C-1
should be provided special benefits.
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Co C, 3/23/64 Page Ten
DISTRICT A111-62-1 - SANITARY SEWER DISTRICT - Continued
Mayor Barnes' I quite agree with this because
I think they have the potential
use of the land,
City Attorney, Mr, Williams' You can, if you wish,.impose
a condition to final payment
that an adjustment be reported satisfactory to you or whatever you
want to propose about this man who had to buy a new tire,
Mr, Pat Rosetti: When the contractor of the bond
house comes in to pick this up,
have him lay a $22-check subsequent to settling this matter, Then
you won't hold up the assessment,
Councilman Snyder:
Public Services Director, Mr, Dosh:
RESOLUTION NO, 2885
ADOPTED
Mayor Barnes:
Can we ask that the Engineering.
Department keep aware of this
so they don't forget it?
I'll make a note of it,
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
MODIFYING THE ASSESSMENT DIAGRAM
AND ASSESSMENT ROLL IN SEWER
ASSESSMENT DISTRICT N0, A'11-62-1"
(Nora Avenue and Other Streets) '.
Hearing no objections, we will
waive further reading of the
body of the resolutton,
Motion by Councilman Towner, seconded by Councilman Snyder, that
said resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Towner, Snyder, Mayor Barnes
Noes: Councilman Heath
Absent: Councilman Jett
Said resolution was given No, 2885,
RESOLUTION NO, 2886
ADOPTED
Mayor Barnes:
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
CONFIRMING THE ASSESSMENT FOR
THE IMPROVEMENT OF NORA AVENUE
AND OTHER STREETS AS MODIFIED,
ASSESSMENT DISTRICT NO.
A'11-62-1"
Hearing no o4j.ections, we will
waive further, reading of the
body of the resolution,
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Page Eleven
DISTRICT A'11-62-1 - SANITARY.SEWER DISTRICT - Continued
Motion by Councilman Towner, seconded by Councilman Snyder, that said
resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Towner, Snyder, Mayor Barnes
Noes: Councilman Heath
Absent: Councilman Jett
Said resolution was given No, 2886,
ZONE CHANGE NO, 293
Citrus Commercial Properties
APPROVED
City Clerk' Mr, Flotten:
Mayor Barnes:
IN FAVOR
Mr, Arthur Ciancio
271 East Workman
Covina
LOCATION: Northwest corner of
Citrus and Garvey..
Request to reclassify from C-1
to C-2 approved by Planning
Commission Resolution No, 1548,
(Read Planning Commission
Resolution No, 1548,)
This is the time and place for
the —public hearing,
If there are any questions, I
represent the owners and I
will try to.answer them,
There being no further public testimony, the hearing was closed,
Councilman Towner: I would tend to agree with -the
Planning Commission, This
seems to be a logical rezoning,
Motion by Councilman Towner, seconded by Councilman Heath, and carried,
that Zone Change No, 293 be approved,,
PROPOSED AMENDMENT N0, 2
City Initiated
APPROVED
City Clerk, Mr, Flotten:
Request for amendment to the
Comprehensive General Plan,
Streets and Highways Element,
regarding annexation of County
Master Plan of Streets and
Highways9 approved by.Planning
Commission Resolution No, 1$49,
(Read Planning Commission
Resolution No, 1549.)
Mayor Barnes: This is the time and place for
the public hearing,
There being no public testimony, the hearing was closed,
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C, C, 3/23/64 Page Twelve
PROPOSED AMENDMENT N0, 2 -Continued
Councilman Heath; On this contemplated change, it
has to do only with the labeling
of streets, If there was an area annexed which had streets in of
substandard construction, would this apply?
Planning Director, Mr, Joseph: No, This is just a time saver;
saves us a job of setting a
public hearing every time we annex property,
Councilman Towner; I think the normal process is
they should come into the City
as what they are in the County, In most cases this would apply, We
should have a general plan toapply to all of them and take the
exceptions up as they come,
Motion by Councilman Heath, seconded by Councilman Snyder, and carried,
that Proposed Amendment No, 2 be approved,
CITY CLERK'S REPORTS
PRECISE PLAN N0, 322 .
ACCEPT STREET IMPROVEMENTS
(Builcor). Bilcor Covina Corp,
APPROVED
LOCATION: West side of Glendora,
north of Walnut Creek
Wash, (Internal
Revenue Building site)
Accept street improvements and authorize release of The Travelers
Indemnity Co, bond No, 1044911 in the amount of $4,000.00,
Inspector's final report filed - staff recommends acceptance.
Motion by Councilman Heath, seconded by Councilman Snyder, and carried,
to accept the street improvements in Precise Plan of Design No, 322
and authorize release of the Travelers Indemnity Company bond No, 1044911
in the amount of $400001100,
STATE DIVISION OF HIGHWAYS LOCATION: Traffic signals and
PARTICIPATION AGREEMENT NO, 1586 highway lighting -
APPROVED Barranca Street at
North and South
Frontage Roads - Azusa
Avenue at South
Frontage Road,
Review agreement - Engineer's report - authorize Mayor and City
Clerk to sign agreement (city share estimated at $222100.00 -
budgeted $200000.00 Traffic Safety Fund 1963-64), Staff recommends
approval.
Motion by Councilman Heath, seconded by Councilman Snyder, and carried,
that the Mayor and City Clerk be authorized to sign Participation
Agreement No, 1586 with the State Division of Highways, .
-12 -
41
i
Ca C, 3/23/64
CITY CLERK'S REPORTS,- Continued
RESOLUTION NO, 2887
ADOPTED
(Lot 44 M B 6104)
Mayor Barnes:
Page Thirteen
The City Clerk .presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPROVING A BOND TO GUARANTEE
THE COST OF CERTAIN IMPROVEMENTS
AND THE TIME OF COMPLETION IN A
PORTION OF LOT 44, EL MONTE
WALNUT PLACE SUBDIVISION, MB 6104"
(Development in Baldwin Park;
the improvements are in West
Covina)
Hearing no objections, we will
waive further reading of .the
body of the resolution,
Motion by Councilman Heath, seconded by Councilman Snyder, that said
resolution be adopted, Motion passed on roll.,call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett
Said resolution was given No, 2887,
AWARD FROM UNITED WAY
City Clerk, Mr, Flotten: This is presented to the City
employees of the City of West
Covina by the United Fund representing the employees' 100% contribution
to the United Way Fund for the year 1963, The Fund this year was
chairmanned by our Fire Chief and followed the path of former years
when the City has always contributed 1000,
Mayor Barnes:
RESOLUTION NO, 2888
ADOPTED
(West Covina St Lighting Dist.
62-1)
I think this is very commendable
of the employees,
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPROVING AND CONFIRMING THE
REPORT OF THE TRAFFIC AND LIGHTING
ENGINEER DATED MARCH 16, 1964
PREPARED PURSUANT TO THE PRO-
VISION INSTITUTED UNDER
RESOLUTION OF INTENTION N0, 2674
ADOPTED JULY 89 1963 AND LEVYING
THE PROPORTION OR PERCENTAGE OF
THE ASSESSMENT THEREIN REFERRED
TO FOR THE INSTALLATION OF AND
FOR THE FURNISHING OF ELECTRICAL
ENERGY AND MAINTENANCE OF
CERTAIN STREET LIGHTING STANDARDS,
FIXTURES AND APPLIANCES ALONG
CERTAIN STREETS AND PUBLIC PLACES
-13-
Ll
C, Ca 3/23/64
RESOLUTION NO, 2888 ® Continued
Mayor Barnes:
Page Fourteen
IN THE CITY OF WEST COVINA AS
SHOWN ON DIAGRAM AND PLAN
NO, LAD 62®1 (ALSO KNOWN AS
WEST COVINA STREET LIGHTING
DISTRICT 62-1) FOR THE SECOND
YEAR OF THE THREE-YEAR.PERIOD
CONTEMPLATED UNDER SAID
PROCEEDINGS" (West Covina
Lighting District No. 62-1)
Hearing no objectionsq,ye will
waive further reading of.the
body of the resolutions
Motion by Councilman Snyder, seconded by Councilman Heath, that said
resolution be adopted, Motion passed on roll call as follows:
Ayes, Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent; Councilman Jett
Said resolution was given No, 2888,
PLANNING COMMISSION
None
RECREATION 6 PARKS
None
GENERAL MATTERS
ORAL COMMUNICATIONS
HUMAN RELATIONS COUNCIL
Mr, Emanuel Feldman
(Distributed pamphlets to the
Chairman
Council,) The Human Relations
Human Relations Council
Council is going to sponsor a
West Covina 6.La Puente
basic study course in human
1623 Dubesor
relations, (Read from pamphlet,)
Valinda.
We are dedicated to the educational
aspect of civil rights and human
rights for our community, It is
a grassroots movement--,, It belongs to
the people of the two communities
mentioned, We ask at this time if
the Council sees fit to proclaim
Human Relations Month for.the City,
Of West Covina thereby encouraging
the educational process so vital.
today to preventing erroneous and
rash thinking.on the part of the
citizens from coming to the fore
so that we might enjoy better human
relations in West Covina and La Puente,
We have drafted a proposed
proclamation, We intend to bring
this proclamation to the La Puente
City Council tomorrow night. I would
appreciate if the Clerk would
read the proclamation drafted,
-14-
C,: Co 3/23/64
HUMAN RELATION'S COUNCIL - Continued
Page Fifteen
City Clerk, Mr, Flotten: (Read said proclamation,) The
month of April has been selected
as Human Relations Month,
Motion by Councilman Towner, seconded by Councilman Snyder, and carried,
that the Mayor be authorized to proclaim April as Human Relations Month.,
REQUEST OF MOBIL OIL COMPANY FOR
CITY TO SHARE COST FOR PAVING
PORTION OF STREETS SUNSET AND
SERVICE AVENUES,
City Clerk, Mr, Flotten: (Read letter re this matter
dated March 17, 19'64 signed by
the District Field Engineer of Mobil Oil Company,)_.
Public Services Director, Mr, DosYi: The precise wording had to do
with all the improvements
abutting`or adjacent to the property. The applicant agreed to this,
As it turned out in a discussion subsequent with these people we. asked
them to.go a little further and they did, There didn't seem to be any
question about it until they had drawn the plans and we had approved
the.plans and they were bonded for all this work, which is a little
bit over the n6rmal. Now they find they have to pay.for it and they
seem to be objecting to it,
Mayor Barnes:
Public Services.Director, Mr, Dosh:
Did they agree on,that portion
which is striped in the precise
plan?
Yeso
Councilman Towner; I think the suggestion made by
our Public Services Department
is reasonable under the circumstances and apparently we do have funds
available for this purpose, The suggestion is that the City
participate in that portion marked in green on the map which does.
not appear to be directly abutting the property and the Mobile Oil
has apparently put in curbs and gutters down to the Service Avenue
Bridgeo If this is satisfactory to the rest of the Council.I think
it properly solves the problem,
Mayor Barnes:
Voice:
Is this agreeable with the.
applicant?
Yes,
Motion by Councilman Towner, seconded by Councilman Snyder, that the
City participate in construction of the area outlined in green on the
map submitted with the report of the City staff dated March 23, 1964
with the exception of their easterly driveway approach, at a total
cost not to exceed $2,000.00 and that the staff be authorized to
negotiate this additional work with the service station contractor
or -to take informal bids. Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett
-15-
C, C,, 3/23/64 Page Sixteen
ORAL COMMUNICATIONS Continued
PERSONNEL PROBLEM (GAREIS)
Mayor Barnes: I think we have all had a chance
to read the letter from Mrs.
Gareis regarding an .extension of payments for three months to her hus-
band who is'on disAbilityo
Councilman Heath: When I read this letter I put
you on notice that I had a
number of questions and not of Mrso Gareis but of the staff and of
our attorney,, I am forced to admit I am not familiar with disability
the way it is performed, et cetera, We recently had three cases
where the men were getting disability insurance and the City filled
out their pay with the balance between the disability insurance and
their full pay for a period of time, As soon as the disability was
discontinued, their City pay was discontinued and they were releasedo
Here we have another case and I don't understand why this case is
handled differently, where certain things have been granted to a person
and have not been granted to others,, I am at a loss to know how a
man can remain.on full'City pay for nine months without being on
disability and evidently the policy isn't the same for the different
people here,; On top of that, we are now requested for another three-
month extension making it for a full year of full City pay with no
disability, I can't grasp why each case is handled differently,
Can you explain it?
• Finance Director, Mr,, Kay: There is a partial answer in
that when the one year injury
leave pay policy was approved by.the Council there.were two police
officers at that time whose injuries were prior to the effective
date of that resolution,, This put them in a slightly different
catagoryo One.of the gentlemen you handled at one of your more
recent Council meetings and the other police officer was MroiGareis,
Councilman Heath: Mr,, Gareis's injury or the
beginning of his disability
was at a later date than the other three officers we talked about
a few weeks agoo
Finance Director, Mr, Kay:
It was an earlier date.
Councilman Heath: That makes it more confusing,
If Mr, Gareis's case was
prior to these other three why doesn't the same ruling apply to him?
Councilman Towner: I think the question of Mr.
Heath assumes '.ther.e:.is some
difference in the way these were handled and I was under the im-
pression they were all handled under the same policy which is for
those few officers who had earlier injuries we adopted a City policy
granting them the.same privileges that were to apply to subsequent
injuries,,, This' policy is that the City will make up the difference
in their salary or pay their full salary so long as'the temporary
disability compensation continueso
Mayor Barnes: Does your husband get temporary
disability compensation?
-16-
i
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Ca Ce 3/23/64
PERSONNEL PROBLEM (GAREIS).- Continued
Page Seventeen
Mrs, Don Gareis; Yes, at one time. The last
check was January.22. There
should not be any difference, There is not one man off right noia
other than Irving who was not injured prior and you can yank the
files on it immediately and find out'and I made this accusation in
Mr., Aiassa's office and nothing was done, Now, if there has been
a change on the records.of one Lt. Phillips and one Sgt, Odle as of
the date of injury it is going to foul up their State Comp case
completely because they will be claiming two different injuries and
Lt, Phillips says he is ready -to testify he was injured in 1962 and
not 19.63 thereby making him prior to the passing of the ordinance to
give the men one year's.leave of absence with full pay, Mro Odle's
goes back a long way, I know about Lt, Phillips, If this is so, it
is going to mess him up with State Compensation completelya
I am quite disgusted to listen
to this man sit here and tell you this, This is where the confusion -
lies, The confusion lies in the Finance Office and I am making it
public, We have contact with Mr, Walthum of Occidental and he is
getting fed up also, I have contacted Mr, Grand of State Comp
Insurance, Each one of these men I have talked to for over an hour,
They want to know where the confusion is, too, At the time I blamed
it on Mr, Aiassa but I do not think he is informed, This is a.mess
and it is hot. Do you want me to go on? I have the facts right
here and I have the contract and there is no confusion with Occidental;
it is in black and white,
Councilman Towner-. I think we would like to have
some clarification of a personnel
problem as far as a City is concerned, We are presently concerned
only with Donald R. Gareis and his request for an extension of
pay, We have, I think, already established our City policy on this
which has applied to Officer Gareis that he is allowed his pay as
long as the temporary disability continues and I think we granted this
as a special dispensation to hima If they discontinued it then the
pay discontinues, I understand from Mr,'Erickson9 lawyer, apparently
they have signed some settlement agreement and the case is about to
be concluded,
Mrs, Donald Gareis-. I tried to get a hold of the
Mayor last week. I couldn't
get him so I called Dr, Snyder, We are signing a compromise and
,release to get State Compensation out of this matter so that we can
get Occidental started so we can have a steady income so I can get
my husband some medical treatment. We cannot get Occidental, and
this is something that has been told that I know of, unless State
Compensation is completely out of the picture so long as Occidental
determines that we are entitled to State Comp they will not pay and
Occidental will not foul themselves up with the Insurance Commission
so -,..they are in the right, I have already called the Insurance
Commission on this, also, State Comp stopped but we are entitled to
it, As long as "entitled to" is in there, Occidental doesn't have
to pay, We:are closing it out and I have a letter that goes back to
April 2,.1963 and this is our instructions from Occidental what needs
to be done and it is also in the City.files, or should be, (Read
said letter re this matter,) This has been affirmed, State Comp
only pays when they please and our attorney informs us it was their
prerogative, I know we can go in front of the Accident Commission
but I don't have any faith in them. I had my husband scheduled two
months.,,"'I-or surgery and I was thrilled because you gave us more
_:money berme this was going to see us through,
-17-
C, C, 3/23/64
PERSONNEL PROBLEM (GAREIS) - Continued
Page Eighteen
.Councilman Towner: The Industrial Accident Com-
mission is a court and they
are to hear both sides of the cases, Don't confuse -the Industrial
Accident Commission with the insurance company,. The insurance company
is called the State Compensation Insurance Fund in this case, As
I understand it they terminated payments to your husband some time
.in January, Your attorney has the'right to bring that case before
the Industrial Accident Commission and have it determined, .which I
understand he is doing,
Mrs, Donald Gareis: They tell us that it is almost
impossible to get medical, that
the Accident Commission will give..us a settlement of quite.a sizable
sum' possibly $159000,00, Our attorney tells us it is almost im-
possible to get the medical;that the Accident Commission will award
us this large sum of money, probably, This is not the only attorney
who told us this. I don't want the settlement; I want medical
treatment for my husband, My husband 'is not mentally in any condition
to go through that any more, He has gone and gone and come home
defeated, He is.useless; he is no good to anybody. I can't put up
with it,
Councilman Heath:
comp is way over my head and I don't
I can sit here and make a decision,
do to alleviate this mess? It is a
I would have to be the first t0
admit that this industrial
feel I am in a position that
Isn't there something we can
complicated thing to me,
Mrs, Donald Gareis: This particular situation where
you have all these men off is
going to involve with the City somewhere over a half million dollars
if they retire and the reason we are not getting anything, I believe,
is because that settlement, and you know this, you have been told goes
back to the City; the City gets credit for it and that is why the
settlements are being pushed, I don't think Mr. Towner has anything
to do with it, but the point is this: It is money, It is a little
amount of money but what it is doing it is tearing people apart,
That money is not going to.do me a bit of good because my husbands
treatment is going to cost over $159000 before he is through,
Councilman Snyder: In setting up this year's pay
we had to have a criteria; we
can't sit here on the Council and determine these, We had to have
somebody certify these and there has to be a fair way that applies to
all and I realize your problem here,
Mrs, Donald Gareis: This is not fair, I say call
these men in; talk to them,
over the table, not under it, Don't do things behind their backs,
They don't trust you, Can't you talk it over, or something? Can't
you find out what is going on?
Councilman Towner: I think you do have a problem
but it is not'with the City
Council,
ago
I
•
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Ce C, 3/23/64 Page Nineteen
PERSONNEL PROBLEM (GAREIS) -.Continued
Mrs, Donald Gareis: I am not blaming the Council
at all; I am blaming the.fact
that you are not informed of these things,
Councilman Towner:.. You are now involved in a
dispute with the'insurance
company that insures the City and you and your husband and the
attorney take one side of the picture and the insurance company is
taking a different attitude ,. You have a right to be heard in a court
of law and. the State has provided one for you, Your case will come
before them and be heard and tried and decided, We can't sit here
as a City Council and hear this,. We have no jurisdiction and no
authority to do anything but just wait until that is decided,
Mrs, Donald Gareis:
Councilman Heath:
These men are suffering,
You cut off this disability and
the man's pay and you can get
awfully hungry,
Councilman Snyder: The insurance company cut off
the disability,
Mayor Barnes: I am wondering if Mr, Aiassa
and Mr, Williams and the City
Council can sit down and try to get these resolved before they come
up to the last minute because these people with a family can't afford
to have their pay cut off completely and then wait for a trial for
six months or a year,
Councilman Snyder: You cannot arbitrarily grant
this additional pay without
a criteria: and this means reports from doctors and so on that the
man is actually disabled and we use the insurance company as our
certifying agent. There is no other way of doing it,
Councilman Heath: Mr, City Attorney, I feel out
of position trying to make a
settlement here and there should be something done immediately,
Is there anything we can do legally to form a group or can we,get
certain people together or what.can we do to get this thing brought
to a head immediately and get the people a final settlement.or a
partial, settlement or money to live on or what?
City Attorney, Mr, Williams: I don't think you can talk
about the whole problem in
one breath, Every case is an individual case and every one must be
looked on separately'by the facts, There is little that the City
can do except provide insurance. We provide Workmen's Compensation
and we now provide disability retirment insurance,..In the case of
Mr, Gareis, I think the remarks concerning the Finance.Department.
were exceptionally unjustified, The amendment that authorized the
payment for a year of'the person injured in line-_of.duty occurred
after Mr. Gareis was injured and did not apply to him, The City
Council in order to pay him and`think.ing of him and him alone at.
that time adopted an amendment of the personnel rules that allowed
-.the.payment of leave of pay which was not in our rules before that
time so that he could be paid even though he didn't qualify under
the year with pay and he was paid under that as a gift from this
.City designed for him who wasn't entitled to a dent under the
-19-
C. C. 3/23/64
'PERSONNEL PROBLEM (GAREIS) - Continued
Page Twenty
amendment you made because of the technicality, The problem with Mr.
Gareis is not a problem with this City; One of the problems is the
inability to follow one line and go get it and solve it, whether this
be to pursue retirement under the Occidental policy, whether it be
to accept Workmen's Compensation Insurance, whether it be to accept
disability and accept the fact that he is not going to come back to
work, or whether.to strive to'come back to work, and until these things
are answered, this Council can't answer theme .
Mrs. Donald Gareis: I have been told.that Attorney
Williams is one of the best in
the business and I am telling you that Lt. Phillips is off illegally,
Where do we go if we can't come to the Council? I appreciate_ what
has been done for us. I am not.upset for the fact of'what he is talking
about; I am upset because two officers are off on a full year's
leave of absence without pay, no questions asked, and I have got
one who said he will testify because it is going tofoul him up with
State Comp, I know you must back your employees but we are employees,
too, and if there is an injustice here I want something brought out,
Mayor Barnes;
I think it is up to the staff
and the Council to resolve this
matter,
Councilman Heath; I would like to delegate my
•
• authority on this to someone
who knows the situation and what can be done and how it can be done,
I would like to have some kind of commission or something to resolve
this for them,
Mrs, Donald Gareis: We have a hearing on the 24th
but I doubt if it will be held,
due to the fact we are negotiating a settlement. I have five
Children to feed and a sick husband, I can't get medical help, We.
have waited 15 months for State Comp, Mr, Graham says it is too
involved, we can't help you, The Insurance Commission suggested I
take it to the Governor. I need.three months more pay, Can I have it?
Councilman Towner: We have an extension of pay to
March the 31st and it is
apparently going beyond the limits of what we have already granted to
other employees. I feel that under these circumstances if they are
negotiating settlement and if they do have a trial to negotiate these
matters I think the City would be out of line to do anything different
than this. I realize these are trying times for the Gareis family;. I
think probably the only recourse for you is to go to your attorney and
let him handle your case because we cannot interfere with you,
Mrs, Donald Gareis:
Our attorney says he cannot get
an strai ht answe
y g rs information from the City of West Covina, or any
Councilman Towner: The case you have pending is not
with the City of West Covina..
and we are not in a position to move or do anything until your case
is finished before the Industrial Accident Commission,
City Attorney, Mr, Williams: I think if you were going to
evaluate this you would have to
have Mr. Erickson come in and explain the legal technicalities,
-20-
C. C, 3/23/64
'PER'S'ONNEL PROBLEM (GAREIS) - Continued
Page Twenty -One
Mayor Barnes I am wondering if it wouldn't
be advisable to have him come in
possibly next Monday night,
n
Councilman Towner:,' There is another possibility,
If the insurance company is
going to be ultimately liable sometimes they will make an advance and
take credit against any ultimate settlement, I don't know if this
insurance company will be receptive to this but you might try it,.
Counc.ilman Heath: Mr, Towner, if we have been out
of line, if we extended this
for one more month until this trial comes up, will we be any more out
of line than we are at the present time?
Councilman Towner: We are not really out of line;
we have just provided him with
the same benefits that we have provided other officers that are off
work because of industrial accidents, The most we can grant him and
still be within the limits is another three months but that would be
conditioned only on the fact he receives temporary.disability payments,
which were cut off in January,
• Councilman Snyder: Not speaking,to any specific
case, so that this provision of
• a year and in many respects this is a generous provision compared to
industry and many cities, we have to have some criteria; we can't
make it arbitrary to determine it,
Mrs, Donald Gareis;
deceiving any State Comp,
leave of absense with full
Mayor Barnes:
Not one of the men who are off
right now on full pay are
The last man who went off with a year's
pay has never heard from State Comp,
I think we should investigate
this,
Finance Director, Mr, Kay: As far as I know State Comp
has accepted the case and felt
the man was injured on the job so I imagine they are going to pay him.
We are supposed to be reimbursed, Since, I have heard noshing on it.I
assume that everything is going along just as scheduled,
Mayor Barnes: Have w.e received these reim-
bursement.,checks?
Finance Director, Mr,
Kay;
We have
trouble with the order
writing
department at State
Comp, We are getting
them haphazardly,
They
are
doing better,
Mrs, Donald Gareis:
The person
gets the check and
we turn
it
back to the City and
Lt, Phillips was being
operated on and
his pay
was
stopped,
Finance Director, Mr,
Kay:
We get the
checks made out to
the man
and
we deliver them,
Mrs, Donald Gareis;
That is
not
so,
-21-
•
C, C. 3/23/64 Page Twenty -Two
'PERSONNEL PROBLEM (GAREIS) - Continued
Mayor Barnes: I think we should check this out,
I am wondering if Mr, Erickson
could come in next week, Do you think this is a good idea?
City Attorney, Mr, Williams: I think we might know something
more about the legal status of
the compensation matter, I would gather if the temporary disability
was.discontinued that the thing that remains is permanent disability
and the settling of that,
Councilman Towner: That may or may not be true; it
means that the insurance company
would determine from their standpoint that the man is no longer
disabled, It hasn't been tried yet and these issues are all up for
trial, The hearing on the 24th is for this purpose,
Councilman Snyder:
Do the insurance companies ever
stop disability in .order to
force trial or force hearings?
Councilman Towner: I don't know, If they do that
they are subject to penalties
under the law and if we knew that they could be assessed but I don't
know any insurance company that follows that policy,
City Attorney, Mr, Williams: You have made a policy that is
subject to change, ' If I
understand the policy it has to do with continuing these payments
while there is receipt of disability payments but as Mr, Towner
pointed out the disability payments come from the insurance company
if they are made voluntarily. I don't see where you would delegate to
an insurance company the determination whether you are going to make
payments or not,
Councilman Snyder: In our overall application, how
do you determine whether the
man is actually disabled other than on his sayso? You have to have
some criteria,
Mrs, Donald Gareis: You have doctors' reports,
City Attorney, Mr, Williams: There is a lack of ability
to reach a conclusion in all
of these cases,
Mrs, Donald Gareis:. It would help the City'
tremendously if you had a man
who could handle these things, somebody these men could go to and get
a straight answer There is so many confusing answers even our
attorney is about to give up; he can't get a straight answer; Every-
body has a different opinion. I feel your private insurance companies
would be.far more careful of this`because I know the attorney I talked
to at the Insurance Commission said we would be very glad to investigate
Occidental for"you if you have a gripe against them,
Councilman Snyder: If the insurance company feels
this is all industrially related,
they cannot deny medical care, is that not true?
-22-
CO C, 3/23/64
'PERSONNEL PROBLEM (GAREIS) - Continued
Page Twenty -Three
Councilman Towner: Obviously there is a dispute
otherwise the insurance company
would still be paying and the insurance company has reached the
conclusion that nothing further is due and they.have reached the
conclusion they are not going to pay any more and the Gareises are
contending differently, -They have a lawsuit pending to determine
this, I don't think the City can get,into the act at this stage of
the proceedings other than maybe for our dwn,purposes and for the
purposes of continuation,of pay if we want to assume this burden and
responsibility we can review the medical reports going over the history
of the case and make our own City determination solely with relation
to continuation of pay, You would have to have somebody who is expert
in medical and legal matters to review your files and make that
determination,
Mayor Barnes: I wonder if we can have a motion
that this be reviewed_ during the
week and that this will be determined next Monday night,
Mrs, Donald Gareiss What are you going to do about
the man off on the year's full
leave of absence with full pay who was injured in 1962 before my
husband was injured? I am throwing this in to let you see that my
asking for another three months is not out of reason,
Mayor Barnes:
This will be discussed,
Motion by Councilman Heath, seconded by Councilman Snyder, that the
City Manager be instructed to meet with Mr, Erickson on Monday, the
day they both come back from their vacations, and discuss whatever is
needed to come up with a recommendation at next Monday night's meeting,
Councilman Towner: I think that is a satisfactory
motion, Basically, what you
are asking is that our City Manager make an administrative determination
so that he can recommend to the Council as to whether or not in his
opinion Mr. Gareis is still temporarily disabled, if he is then we will
advance the money, There is no way in which we can get credit for:
this unless the court orders them to pick up the back months and
then we can claim credit against him. I think we are going to have
to assume that administrative burden as this is the Council policy,
Councilman Heath; I think Mr, Aiassa is supposed
to be versed in all of these
things and I think he could get together with Mr, Erickson and if he
is versed in all of these things they should be able to come up with
some kind of recommendation Monday night,
Councilman Snyder- You should realize this: There
are legal problems involved
here; there are personnel problems involved here and it will probably
be difficult for the City Manager and the City Attorney to come .up
.with a solution that suits.you completely and I don't think they
should be criticized if they don't,
Action on Councilman Heath's motion: Motion carried,
-23-
I
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C, C, 3/23/64
WRITTEN COMMUNICATIONS
NOBLE JONES, 1833 WEST BADILLO -
RESCIND ORDINANCE GOVERNING SUNDAY.
CLOSING OF BARBER SHOPS IN WEST COVINA
Page Twenty -Four
City Clerk, Mr, Flotten; (Read letter re this matter,)
Councilman Snyder: I thought it was determined
soon after this ordinance was
passed that it was not Constitutional,
City Attorney, Mr, Williams; There were conflicting Superior
Court decisions so you can
take your choice as to what Superior Court you want to follow.
Mayor Barnes: I think it was the bar..bers
themselves who came to us and
asked that all barber shops be closed on Sunday,
Councilman Heath: I think maybe the solution at
this time is let the barbers
decide among themselves and see what they want to do,
Councilman Towner; I am inclined to agree with you,
The basis on which we passed
this ordinance was that the State inspectors were not on duty on
Sundays and couldn't find out whether or not a man washed his hands,
et cetera, and therefore there was a danger to the public welfare and
we had a right to regulate it and step in. I have considerable doubt
about that and I think the Sunday closing -laws inherently are bad
and I would have no objection to rescinding that ordinance,
Councilman Snyder: I wouldn't, either, I think
maybe we should do it, If
there are any opposing this, they should be heard,
Mayor Barnes:
I think so, too.
Motion by Councilman Heath, seconded by Councilman Snyder, and carried,
that the City Clerk be instructed to advise Mr, Noble Jones that if
he will take a poll of all of the barbers in the City and make that
poll available to.the.City Council, we will then make our determination,
OFFER OF R/W DEDICATION - AZUSA AVENUE,
FRANCISQUITO TO AMAR - IDAHO CONSTRUCTION
CORP, AND GALSTE.R HEIGHTS PARK
City Clerk, Mr, Flotten:
Mayor Barnes,:
City Clerk, Mr, Flotten:
Mayor Barnes;
(Read letter re this matter,)
Has Commissioner Templin been
notified?
No, We just got this,
I think some notice should be
written to Mr, ,Templin,,
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CA Co 3/23/64
'DED'ICATION OF AZUSA, FRANCIS,QUITO TO AMAR - Continued.
Page Twenty -Five
Motion by Councilman Heath, seconded by Councilman Snyder, and carried,
that the Mayor be instructed to write a cover letter and send this
information to Mr. Templin with carbon copies to Mr,, Bonelli,
EXTENSION OF TIME FOR TRACT N0, 28216
City Clerk, Mr, Flotten: We have a letter directed to the
City Council dated March 20.
regarding Tract 28216 requesting a one-year extension of time be
granted on the tentative map and conditions of approval in order to
record the tract map, The letter is signed by Engineering Service
Company by Nick Harrison, I request permission to refer this to
the Engineering Department,
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
that the letter from Mr, Nick Harrison regarding a.one-year extension
of time on Tract No, 28216 be referred to the staff for their recom-
mendation at our next meeting,
COURT CASE
Councilman Heath:
Do we get a final determination
in writing from the court on
the case settled last week?
City Attorney, Mr, Williams: You probably will, I think
there will only be a Minute
Order as to what happened at the hearing,
Councilman Heath:
I would like a copy of that,
Could you get that for us or
how do we get it?
Councilman. Towner: I wonder if we could have Mr.
Williams' give us a resume,of
what happened. I am not entirely clear as to what went on,
City Attorney, Mr, Williams: The court held in its opinion
the provisions of the law
relating to initiative applies and not the law relating to arguments
in general that therefore only the City.Council can file an argument
against an initiative; therefore, any arguments submitted by Mr.
Heath and Mr, Jett as individuals was enjoined from being made. The
court held that the Council had adopted this argument as the Council's
argument and that this argument should be sent out as a Council's
argument, The court said it wasn't interested in going into the
alleged misstatements contained in it,
Councilman Towner: Could I make this inquiry then?
Under the court's ruling, is
it possible for the public to be informed on this as'to how the vote
went, whether it was Heath, Jett and Barnes and Towner and Snyder
voting no?
City Attorney, Mr, Williams:
Not in the argument itself,
it can be dione.through other
,means of publicity; not in the official voters' pamphlet,
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I think
C, 3/23/64 Page Twenty -Six
' OURT 'CASE - Continued
Councilman Towner: With respect.to the other argu-
ment, the citizens' argument,
is it possible at this time to amend this since the other was amended
after the original filing date?
City Attorney, Mr, Williams:. No, not without a court order,
Mayor Barnes: Since the court ha.s determined
that it is the Council's action
and not.Mr, Heath and Mr. Jett, since they have ruled that it is the
Council action and should be signed as the Council rather than Heath
and Jett, who were appointed to do this in the first place, is there
any conflict at all in Councilman Snyder signing the other side and
also being on the body recommending against it?
City Attorney, Mr, Williams: No, I don't think so, Anyone
who signed the initiative may
sign the argument in favor of it, I presume he signed it, If he
didn't, he has no right to sign the argument in favor of it,
Councilman Towner: As a matter of information, and
I don't like to belabor this
too much, but at the time the resolution was read which the judge
•has agreed went back And corrected this thing and in effect took the
place of the original.resolution there was a request that it be read
• in its entirety and there was attached to the resolution the argument
as Exhibit A which was incorporated as part of that resolution and
was not read which the Mayor declined to have read, I don't know
whether this is an error that is material enough to knock the matter
down but I would like to have that clarified for the record so at
least in the future we would know what our rights are,
City Attorney, Mr, Williams: With respect to an ordinance
it has to be read if any
Councilman objects to the waiving of the reading, With respect to
a resolution, the will of the majority of the Council prevails as to
whether or.not it is read,
Mayor Barnes: If there hadn't been this
technicality of information
of "for" rather than "against" would this resolution have ever been
brought up again?
City Attorney, Mr, Williams: Probably not although there
was another defect in the
other resolution, The judge attached more significance to it than I
did and that is that it referred to the argument sections under the
general provisions of the Municipal Elections rather than to the
argument section.under initiative. I think we were following the
general provisions, We simply took one additional step, went to the
general provision and then referred by it to the initiative provision;
Councilman Snyder: The judge intepreied that it
has to be by a r.e`salution..-or-
adoption of the Council, the majority of the Council rather"than by
two men,
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'C'OURT CASE - Continued
Page.Twenty-Seven
City Attorney, Mr, Williams: I think he indicated in his
opinion the argument that was
written -by two men would have to be seen by and adopted by the Council
before it could be the argument of the Council and this did not -occur
until the llth of March but.on the llth of March it did occur,
Councilman Towner: This was my qestion about the
reading of the resolution
because the argument was written by Councilmen Heath and Jett
and apparently Mro. Barnes was under the impression all we were doing
was changing a typographical error and we have no knowledge as to
whether he read that resolution and he declined to have it read,
City Attorney, Mr, Williams: When a Council adopts a motion
that authorizes someone to
write an argument for it and I don't care who it is, the one who
was so directed does write the argument for it.and when the Council
then adopts a written resolution authorizing that person to file the
argument so:written and that person 'does file it, I would sad there
has been authority, It may be foolish for the Council to do this,
that is not what I, am arguing,
Councilman Towner: There was a request that the
. resolution be read and voted
on paragraph by paragraph, I don't know the Roberts Rules of Order
• but I was under the impression that they do provide for this, The
Mayor ruled against this,
Councilman Heath: The fact was that I had a motion
on the floor at the time and a
second and I was calling for the motion and then this other motion
was introduced at that time and --
,Councilman Snyder:
City Attorney' Mr, Williams:
know whether you can vote paragraph
is my impression that you cannot,
I introduced it as an amendment,
I am not sufficiently familiar
with Roberts Rules of Order to
by paragraph on a resolution. It
Councilman Snyder: In the future obviously before
anybody is authorized to write.
letters or arguments they have to come back for the whole Councilto
approve because obviously the court has allowed as well as this Council
a statement going out as the official document of this Council con-
taining four misstatements of fact,
Mayor Barnes:
Councilman Snyder:
want to see all letters that go out.
Do you want to see the letter
I have to write to Mr, Templin?
If this is the way you are
going to write the letters, I
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3/23/64
ChTY ATTORNEY
ORDINANCE NO. 848'
ADOPTED
Page Twenty -Eight
The City Attonrey presented;
"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA AMEND-
ING THE WEST COVINA MUNICIPAL CODE
SO AS.TO REZONE CERTAIN.PREMISES"
(ZC 2.88 8 289 - Gordon)
Motion .by Councilman Heath,.seconded by Councilman Towner, and carried,
to waive further reading of the body of the ordinance,
Motion by Councilman Heath, seconded by Councilman Towner, that said
ordinance be adopted, Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes; None
Absent: Councilman Jett
Said ordinance was given No, 848,
ORDINANCE INTRODUCTION The City Attorney presented
"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA AMEND-
ING THE WEST COVINA MUNICIPAL CODE
SO AS TO REZONE CERTAIN PREMISES"
(ZC 285 - Hartman 8 Noonan Co,)
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
to waive further reading of the body of the.ordinance,
Councilman Heath; I will introduce the ordinance,
ORDINANCE INTRODUCTION. The City Attorney presented;
"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA AMEND-
ING CERTAIN PROVISIONS OF THE
WEST COVINA MUNICIPAL CODE
RELATING TO SPEED LIMITS ON
CERTAIN STREETS" (California
and other streets)
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
to waive further reading of the body of the ordinance.
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
that said ordinance be introduced,
ORDINANCE INTRODUCTION
The City Attorney presented:
"AN ORDINANCE.OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA AMEND-
ING SECTION 3.140 OF THE WEST
COVINA MUNICIPAL CODE RELATING
TO TRUCK ROUTES"
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'ORDINANCE INTRO°DUCTION (TRUCK ROUTES) - Continued
Page Twenty -Nine
Motion by Councilman Towner, seconded by Councilman Heath, and carried,
to waive further reading of the body of.the ordinance.
Motion by Councilman Towner, seconded by Councilman Heath, and carried,
that said ordinance be introduced.
RESOLUTION The City Attorney presented:
HELD OVER "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPROVING PRECISE PLAN OF DESIGN
NO. 397" (Hartman 8 Noonan Co.)
Mayor Barnes: Hearing no objections, we will
waive further reading of the
body of the resolution.
Councilman Heath: Move for adoption.
Mayor Barnes: Motion dies for lack of a
second.. We will hold this over.
RESOLUTION NO. 2889 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
GRANTING A VARIANCE" (V;484,
Singer and Matzenbacher)
Mayor Barnes: Hearing no objections, we will
waive further reading of the
body of the resolution.
Motion by Councilman Heath, seconded by Councilman Towner, that said
resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett
Said resolution was given No. 2889.
RESOLUTION NO. 2890
ADOPTED
Mayor Barnes:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA DENYING
APPROVAL OF A PRECISE PLAN OF
DESIGN" (PP 383, Empire Financial
Corporation"
Hearing no objections, we will
waive further reading of the
body of the resolution.
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'RESO'L;UTION N0, 2890 - Continued
Page Thirty
Motion.by Councilman Towner, seconded by Councilman Snyder, that said
resolution be adopted, Motion passed on roll call as follows:
Ayes: Councilmen Towner,.Snyder, Mayor Barnes
Noes: Councilman Heath
Absent: Councilman Jett
Said resolution was given No. 2890.
RAPID TRANSIT
City Attorney, Mr, Williams: I was asked to attend a meeting
set up by the League tonight
having to do with M,T.A. The bill is coming up before the Senate
tomorrow, It will be difficult in the Assembly, I would like to
inquire if I am requested to go, do you wish me to go or not when it
comes up before the Assembly?
Councilman Heath:
Mayor Barnes:
City Attorney, Mr,.Williams:
I would say yes,
I think you should,
I will give the time if you will
buy the ticket,
Councilman Towner: We have adopted a resolution
adopting the Rees -Carroll:.
Bill and I have no objection to following this up and picking up the
fare for the City Attorney to attend in order to meet with this
Committee, I think this bill brings recognition to the outlying
areas so we can have some say in this,
Motion by Councilman Townerg seconded by Councilman Heath, that the
City Attorney be authorized to go to Sacramento to attend the hearing
on the Metropolitan Transit Bill in the Assembly. Motion passed on
roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Does: None
Absent: .Councilman Jett
Councilman Heath: The League of California Cities
held their.quarterly meeting
last Thursday night, Fred Sharp was all over the place passing out
information and urging any representative of.cities to go up to
Sacramento at the time this comes before the Assembly. He said any
Councilman who could go up there should go..
City Attorney, Mr. Williams:
If any Councilman can go it
would be well to go a_t that
time,
Councilman Towner: Since we don't know the date of
a meeting we can authorize a
Councilman and then at the time anybody who is available to- go can go.
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C, C, 3/23/64
RAPID TRANSIT -.Continued
Page Thirty -One
Motion by Councilman Towner, seconded by Councilman Snyder, that a
Councilman to be designated later be authorized to attend hearings
before the Assembly Sub Committee on M,T',A; Motion passed on roll
call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes; None
Absent: Councilman Jett
TAXATION AND FINANCE MEETING
Councilman Snyder: I am supposed to attend this
meeting of the State League
Committee on taxation and finance on the 31st in San Francisco, You
should authorize me some travel pay.
Motion by Councilman Towner, seconded by Councilman Heath, that the
expenses of Dr, Snyder be authorized to attend this meeting in San
Francisco on March 31, 1964, Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyderl Mayor Barnes
Noes: None
Absent: Councilman Jett
CITY CLERK
PAN AMERICAN DAY AND
PAN AMERICAN WEEK
City Clerk, Mr, Flotten: This is a request to proclaim
April 14 as Pan American Day
and April 12 to April 18 as Pan American Week,
Mayor Barnes: If there are no objections, I
will so proclaim,
(There were none,)
So proclaimed,
RESOLUTION NO, 2891 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
COMMENDING THOMAS J. DOSH9
PUBLIC SERVICES DIRECTOR, FOR
HIS SERVICES TO THE CITY OF WEST
COVINA"
Mayor Barnes: Hearing no objections., we will
waive further reading of the
body of the resolution,
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C. C. 3/23/64
RESOLUTION NO, 2891 - Continued
Page Thirty -Two
Motion by Councilman Heath, seconded by Councilman Towner, that said
resolution be adopted. Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett
Said resolution was given No, 2891,
CIVIL DEFENSE DISPLAY
City Clerk, Mr, Flotten: We have a memo from Cleo Boschoff,
They are going to display a
trailer in the Plaza parking lots This will be manned by civil defense
people and it is quite a display and they invite all employees to look
it over.
Motion by Councilman.Heath, seconded by Councilman Snyder, and carried,
that the Civil Defense be authorized to station this civil defense
trailer in the Plaza parking lot on March 24, 259 26 and 27, 1964,
GOOD FRIDAY
City Clerk, Mr, Flotten: Next Friday is Good Friday
and we have set a policy of
closing the City Hall from twelve noon to three o'clock,
ADJOURNED MEETING
City Clerk, Mr, Flotten:
Mayor Barnes:
REQUEST FROM THE WEST COVINA
PLAZA MERCHANTS' ASSOCIATION
Will there be a meeting on
March 30?
We will have to have a meeting,
City Clerk, Mr, Flotten: We have a request from the West
Covina Plaza Merchants'
Association signed by Leonard Gleckman to have amusement rides consisting
of eight different rides,This is a licensed operation,
Motion by Councilman Heath, seconded by Councilman Towner, and carried.,
that permission be granted subject to approval of City Departments
to the West Covina Plaza Merchants' Association to have amusement rides
from April 1 to April 49 1964,
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Ca C, 3/23/64
CITY CLERK - Continued
COMPLAINT RE AMUSEMENT RIDES
Page Thirty -Three
Mayor Barnes: I had a complaint on the rides
and the games we authorized
for the Scoa parking lot, I think the staff should watch the kind
of concessions that go in because there are a lot of people who object
to anything pertaining to gambling,
City Clerk, Mr, Flotten: We have had other complaints,
too, The booths were to be
operated by charitable origanizations and only two-thirds of them
were, We will check this out,
TEMPORARY USE PERMIT REQUEST
BY ST, MARTHA'S
City Clerk, Mr, Flotten: We have a temporary use permit
application by St,.Martha's
Episcopal Church on May 2, They wish to conduct their annual gala
affair. This is signed by Rev, Leonard P. Whittlinger,
Motion by Councilman Heath, seconded by Councilman Towner, and carried,
that this request for a temporary use permit be granted,
TEMPORARY USE PERMIT REQUEST
BY CALIFORNIA CHEST SURVEYS
City Clerk, Mr, Flotten: This is a temporary use:.permit
application for the California
Chest Surveys, The applicant is Earl H, Shoberth, This is a mobile
chest x-rays unit open to the public for a fee of one dollar,
(Read letter re this matter,)
City Attorney, Mr, Williams: Even though they charge, they
can be granted an exempt
license, I understand they are a charitible organization,.
City Clerk, Mr, Flotten: I don't think this is a
charitible organization.
He knows that the x-ray program put on by the County can't possibly
take care of everyone and he has a tremendous business,
Councilman Snyder: I have some reservation about
this. I don't know whether
the Medical Association approves of this but of course there is a
danger in giving somebody a small chest x-ray for one dollar and they
think they have been completely x-rayed, Of course, that is his liability
but I would have reservation about approving this without approval of
the Medical Association, I think this is in conflict with the County's
.program and you do not have the assurance that you do under the County
x-ray program that they are being read by qualified people. He is
merely a.technician,
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C, C, 3/23/64 Page Thirty -Four
'TEMPORARY USE PERMIT (CALIFORNIA CHEST SURVEYS) Continued
Councilman Towner: I think I am inclined to agree
with that, I was about to say
the same thing, In the absence of some further information or
qualification I would just as soon not authorize it,
Councilman Snyder: I don't think we should approve.
it unless he gets certification
from the'Medical Association,
CENSUS
City Clerk, Mr, Flotten: The census people will be in
the City on May 4 to. May 15,
I would like to get permission from the Council to go out and see if
I can find some quarters to place these people in, We don't have a
single thing that belongs to the City, There are a number of empty
stores around town, We will have.to rent some place for them,
There will be about 70 people working in and out of the offices,.
There will be nine in the office and the rest will be nose counters.
Motion by Councilman Towner, seconded by Councilman Heath, and carried,
that the City Clerk be authorized to obtain adequate quarters for the
census people,
• LA PUENTE COOPERATIVE WATER COMPANY SHARES
City Clerk, Mr, Flotten: We have a recommendation with
respect to the assessment on the
29 shares of stock with the La Puente Cooperative Water Company,
The assessment is $10 per share. We can find'no one buying these
shares at this time. We were advised by them if they did buy
anything they wouldn't offer any more than $10 a share for them so
the recommendation is we keep these and pay the assessment because
they feel the price of the shares will go up,
Motion by Councilman Heath, seconded by Councilman Towner, that we
pay the assessment of $10,00 per share for 29 shares in the La Puente
Cooperative'Wat,er Company, Motion passed on roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett:
TREASURERS REPORT
FEBRUARY' 1964
Motion by Councilman Snyder, seconded by Councilman Heath, and carried,
that the Treasurer's Report for February, 1964 be accepted and placed
on file,
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'C'I'TY CLERK - Continued
SISTER CITY PROGRAM
Mayor Barnes:
mendations in, I think we should have
these appointments.,
Page Thirty -Five
For the Sister City group, I
would like to get the recom-
these names so we can approve
Councilman Towner: I submitted R-ev, Bergman's name
and I understand he met with
them on the 12th, I talked to Judge Johnson about this and I had
some reservations about setting up the separate commission appointed
by the Council which was operating in noman's land between the Council
and the actual corporation which is running the Sister City Program,
I suggested to him that they might, when they draw up their corporate
papers provid'e.for one director from, the City, not that we�have control
of the corporation but we have a direct voice in the Board of Directors,
I don't know what action they took on this, This Board of Commissioners
appointed by the City Council was nothing more than a liason group
and maybe not even that, just sitting out there with no authority to
do anything, I had some questions or reservations about whether this
was the best approach to it,' I discussed this.with Judge Johnson'
and I haven't heard yet how the program is going along but I think the
Council -.should keep in touch with this program, I think it is a fine
program and. we want to support it but I think also it is the'duty
of the City Council to have a voice in how the program is run,
'Councilman Heath: I think this commission should
be established as a representative
of the Council and act'with
authority,
Mayor Barnes: I think they should be like the'
Parks Commission or any other
commis.sion and,I would like to see them so appointed,
Councilman Towner: If you are going to do that
you are going to have to contact
the Sister City Commission and make some other arrangements with
them. My impression is they are going ahead and setting up a corpora-
tion and the directors will be elected from various civic bodies and
individuals, There is no provision for any representation by the
City itself and I feel that we should have that direct representation,
Mayor Barnes: In,the motion that was made by the
Council, each Councilman would
appoint a commissioner apiece to the Sister City Program and I felt
that they would be very helpful on this program as representatives
of the Council,
Councilman Towner: These commissioners are not
sitting with the corporation,
They are a separate body, I think we should have a direct voice,
Councilman Snyder There is going to be exchange
of governmental information and
so on as.well as your other exchanges, If they are going to be asking
the City to make these exchanges the City should have at least a voice
and one director,
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C. C, 3/23/64
'SI'STER CITY PROGRAM - Continued
Mayor Barnes:
Page Thirty -Six
Is it the feeling of the Council
that they don't want to appoint
at this time?
Councilman Heath: No, I think we should appoint
but appoint some people who
would have some say in the organization. I think that is the point of
contention,
Councilman Towner; It was my understanding that
at one time we authorized the
Mayor as ahhonorary liaison and I_.was unaware that you were no longer
in that capacity and not attending, I think we should get somebody in
the organizational activity, either an appointment by the Council or
a Councilman,
Councilman Heath:. Move that the Mayor be instructed
to contact Judge Johnson, acting
Temporary Chairman, and advise him that the Council is desirous of
having one of the members of the Commission appointed by the Council
to sit in on the Board of Directors of the Sister City Program or to
be one of the Board of Directors,
Councilman Towner: I would be satisfied with
something even more general
•than that; that they contact him and arrange that the City have
direct representation on the Board of Directors and then they can'set
up a program around that, whether it be one of these Commissioners is,
I think, not essential,
Mayor Barnes:
The motion dies for lack of a
second, '
Motion by Councilman Towner, seconded by Councilman Snyder, that the
Mayor be directed to meet with the Sister City Commission and request
direct representation from the Council on the corporation,
Councilman Heath: I would be against that,
Councilman Towner: It may be a Councilman or
somebody appointed by the Council
to do the job,
Councilman Heath:
I would go along with that,
Action on Councilman Towner's motion: Motion carried;
..VICTOR GRUEN STUDY
Councilman Heath:
spent with Victor Gruen?
When are we going to get some
results for the $209000 we: have
I haven't seen anything yet,
Pudic Services Director, Mr, Dosh: We will get the final report
very shortly because he is
drawing up the ,report right now. I will call him tomorrow and ask
him when the:final report will be ready,
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'V'I'CTOR GRUEN STUDY - Continued
Page Thirty -Seven
Councilman Heath: On the construction work we are
doing on Vincent Avenue where
it turns into Glendora, at the bridge you -have a certain width street
and then it looks tome as if there -..is going to be a 10-foot offset
to where -that previous curve was, Does this mean we are putting in
an improvement now where we are going to have a black and white
checkered fence right next to the bridge for about ten feet?
Public Services Director, Mr, Dosh:
Councilman Heath:
You're right, That ;new bridge
will be removed on the west
side,
This is on the Vincent Bridge?
Public Services Director, Mr, Dosh-, We are only paving Vincent
Avenue 24 feet west of center
line and the remaining 16 feet are being paved by the developer of
the property, Our improvements stop at Mr, Riding's property,
Between the bridge and this point we will have 24 feet from.center'line
and east from the'center line we will pave over to.the turbo,
Councilman Heath: That property may be years
before it develops because the
property is tied up and will be tied up for a long time, In the
meantime we are creating barricades, I don't think we should create
any more of these black and white barricades because they are dangerous
and for -the little money it would cost us to put the rest of that
paying ,in I think we should do that,
HIGHSPEED CHASES
Councilman Snyder: I. for a long time have
questioned the wisdom as used
by some police departments of the high speed chase and so voiced
myself to one of the .newspapers a few days before this incident on
our own freeway, ..Mr. Bonelli agrees too, apparently, and I would like
to see.a resolution'asking the,law enforcement division of the League,
they do have such a committee, a police chiefs' department, to study
the risk to innocent persons in such police tactics and come up with
possible recommendations, I,am not recommending that we restrict
police power in any way but only that they study the high speed chase
as used by some police departments and come up with recommendations
to better protect the innocent citizen,
Mayor Barnes:- I.wouldn't like to see it.
slanted but.I wouid like to
see a recommendation of the police section of the Calfof�nia Cities,
Councilman Towner: The police officers are acting
under severe stress at times
and maybe in retrospect what they did doesn't look very good but it
is also true that if officers are going,to:be faced with stress
situations where they might have to use firearms or a high speed
chase they should have some.criteria and training in advance that
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•
C. C, 3/23/64
HI'GH SPEED CHASES - Continued
Page Thirty -Eight
would help them make their split-second decision under a time of stress
and I think what we should request here is a study that would enable
the police departments and police training officials.to train officers
to react under -times of stress properly.
Mayor Barnes; This sounds like a better
solution.
Councilman Snyder: To go a little further, they have
in Los Angeles these pursuit
cars and they have roll.bars and they wear crash helmets.' I think
these contain a great deal of potential injury to innocent people,
They take after people in high speed chase, The man being chased
may go through an intersection and people at the intersection can't
hear the sirens, I think this should be studied with the possibility
toward a different method of enforcement and also for stress training,
Councilman Heath;
Councilman Snyder:.
Are you limiting this to speeders
also?
I am not limiting it to anything, r
I am only asking they study the
problem,
Councilman Heath; I agree as far as using the
firearms are concerned but
I doubt if you can restrict it to a high speed chase,
Councilman Snyder: I think these often lead to
the killing of innocent people.
A resolution from our City to the League would help this matter not
to be forgotten.
Councilman Heath: I. think the less you say about
this the better it is going to
be because all of a sudden it is going to be publicized that the City
is going.to come out that no police can pursue over "x" number of
miles an hour and you are going to invite crime,
Councilman.Sndyere I am asking that the police
study alternate methods of
this type of violater,
Councilman Heath: That is good,
..Councilman Towner; I don't want to overlook in
this study the use of firearms,
Councilman Snyder: Move that the law enforcement
police chiefs' section of the
League be asked to, along with the legal section, study alternate
methods of the techniques of the'high speed chase as well as use of
firearms where innocent people may be injured with the idea of coming
up with recommendations.
City Attorney, Mr. Williams: I think the way to request that
is through the Chief of Police.
No one but a member of the department may bring it up, Ask that this
resolution be directed to the proper source, There i.s.one other way
to get it there and that is to direct a resolution to the.State
League Directors and have it referred back to'the department and it
will take three or four months.
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C, Co 3/.23/64 Page Thirty -Nine
HIGH SPEED CHASES - Continued
Councilman Snyder: If we have anv mbr.e incidents like
this on the freeway the state
Legislature will take the power away from the police so they had better
come up with a solution to correct ite
Motion by Councilman Snyder, seconded by Councilman Towner, and carried,
that this resolution be directed through Allan Sill, Chief of P.oliceo
DEMANDS
Motion by Councilman Towner, seconded, by Councilman Snyder, to approve
demands totalling $441,604.07 as listed on demand sheets,C379 through
C381, B152 and B153, This total includes fund transfers of $268,923.a78.,
also funds including time deposits of $1009000o00n Motion passed on
roll call as follows:
Ayes: Councilmen Towner, Heath, Snyder, Mayor Barnes
Noes: None
Absent: Councilman Jett
• There being no further business, Motion by Councilman Heath, seconded
by Councilman Snyder, and carried, that this meeting be adjourned to
Monday, March 30, 1964 at 8:00 P.M. The meeting adjourned at
12:25 A,M,,
ATTEST:
CITY CLERK
APPROVED
MAYOR
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