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11-23-1970 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA; CALIFORNIA NOVEMBER 23, 1970. The regular meeting of the City Council was called to order at 7:30 P.M., by Mayor Ken Chappell in the West Covina Council Chambers. The Pledge of Allegiance was led by Councilman Chester Shearer. The invocation was given by the Reverend James -Buckle of the First Baptist Church. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present: George Aiassa, City Manager George Wakefield, City -Attorney H. R. Fast, Public Services Director George Zimmerman, City Engineer Richard Munsell, Planning Director. Ross Nammar, Administrative Analyst Ray Windsor, Administrative Assistant Lela Preston, City Clerk Terry Brandt, Administrative Analyst, Jr. APPROVAL OF MINUTES November 2, 1970 Minutes corrected as follows: Councilman Shearer: On page 16, the first paragraph, next to the last line, "the north side" deleted. As stated it does not make any sense; it should read "Lark Ellen which will improve the circulation. Councilman Young: On Page 3, the minutes say the opposite of the remarks attributed to Councilman Young. The paragraph commencing with the words "My re- collection is that I voted in favor 00000° I will read the sentence as I think it should be corrected. "I will comment that the most inexpedient vote I have ever cast was in favor of the zoning change for this gas station." "Inexpedient" rather -than "expedient." Mayor Chappell: On page 4, my remark should read "I find my name -spelled wrong op000°°o Motion by Councilman Lloyd, seconded by Councilman Young, and carried, approving minutes of November 2, 1970, as corrected. November 9, 1970 Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, approving minutes as presented. Councilman Young: Mr. Mayor, a comment on the minutes, if I may. I overlook a lot of things when I am reading the minutes. I see what purports to be a verbatim report of what has happened at the Council meeting which is never a verbatim report. Many small things - I only made a correction tonight because it was so totally opposite of what was said. I would suppose this question has come up from time to time in the past, but in light of the recording devices we have, which if anyone wants a verbatim transcript they can get it, I am wondering if we shouldn't go, to an absolute verbatim transcript, word for word all the way through as we do in court proceedings, either that or simply go to a summary of council action. I don't know why we have as much of what we don't say recorded as we do have. If this same situation is true of other - Commissions and bodies constituted by the City, I think we could save a lot of paper if nothing else if we reduced the scope of these minutes and have the record available in some other fashion. Either that or go all the way on it. REG. CITY COUNCIL - 11-23-70 Page Two APPROVAL OF MINUTES - Cont°d. Mr. Aiassa: We have talked this matter over about the minutes for the past many years. The main purpose we do as much as we do on the minutes is mostly for the -Commissions and other members of the city staff that do not have a chance to go and listen to all the tapes and the verbatim minutes of the Council. Miss Beardsley tries to give a composite of the pre -action taken. Normally the General Law city,. -'.the only requirement is the official action of the Council be recorded. Councilman Young: I am not criticizing Nancy Beardsley, she works hard and does an --excellent job, but someone exercises the judgment of what to put into these minutes and what not to put into the minutes. The word for word thing may be important or -may not be important. The summarization often does not catch the flavor of what the individual himself intended. I could make corrections that could last -on into the night on occasion but I don't want to take the Council°s time, I don't think it is that important. But the ultimate use of the Council meeting - we have here tonight probably ninety pages or better re- presenting two meetings. Is this in itself a legitimate expense? Does it really serve the purpose in the long run? I do what I am sure everybody else does, I don't read these minutes word for word, I go through and see what Councilman Young said and take umbrage at the things I take umbrage at and glow at the things I glow on but I would rarely let my wife look at any of it. M Councilman Lloyd: I think we should have a comment here on the legality and what possible uses there might be for these minutes, by the City Attorney. Mr. Wakefield: Mr. Mayor and members of the City Council, City Attorney what the City Manag@r has really indicated is essentially the substance of the legal situation. All the .law requires is that'the minutes contain,a summary of the action actually taken by the City Council. What appears in the minutes in addition to that is there for the administrative convenience of the officers.and employees of the City and the City Council itself. Usually what happens is that after a period of time thereafter the, minutes have been transcribed and approved by the City Council the tape recording of the proceedings of the Council are -erased or the tape is otherwise destroyed and reused. The minutes then become the only official action of what has actually been said or.done in connection with given items. The minutes, once .approved.by the Council, become the official record of the -proceedings of that particular meeting and right or wrong they stand for what they stand for. From a legal stand- point however the requirement of the law is simply that there be a record of the action taken by the Council which includes a summary of the item and the vote upon that particular .item as recorded by the clerk. Councilman Nichols: I think the comments that Councilman Young made are extremely valid. I think that we are probably in a -period of time when we need to reassess these ekpenses and costs for the -City. I know none of us would like to make a drastic or abrupt change and I.believe each of us can express our feelings to the City Manager in the coming months and as we prepare for the budget procedures for theearlySpring this may well be one of the area's that we should be reviewing. I would be in favor of reviewing it because my feelings seem to be parallel to what was expressed here. I am -prepared to accept the comments made so far and move on. PUBLIC WORKS ITEMS �µ PRECISE PLAN NO. 501 (R)= LOCATION: South Garvey Avenue, easterly of LOUIS DELAYE Barranca Street. .(Council reviewed Engineer's report.) 2 _ • lq� REG. CITY COUNCIL - 11-23-70 Page Three PUBLIC WORKS (P.P. NO. 501(R) Motion by Councilman Nichols, seconded by Councilman Young, authorizing the release'of Pacific Employers Insurance Company bond No. M 119-415 in the amount of $4,300. on Precise Plan No. 501(R). Councilman Young: Question. Does the City Attorney approve this release in light of the conditions of the release? In other words we are looking forward to ...... Councilman Lloyd: This was the gas station at Barranca and the Freeway. Councilman Young: I was under the impression that because of the widening of the freeway we were looking into the future, that a certain amount of the parcel will not be required - Mr. Wakefield? Mr. Wakefield: Councilman Young, I am sorry but I am not City Attorney familiar with that particular portion of the item. Councilman Young: Well we are looking at the future - that the finalized plans for widening of the freeway show that the entire parcel will be acquired by the State and the retention of the bond is not necessary. This is a future act. Do you approve thatlessentially�releasing the bond at this point? Mr. Wakefield: Yes, when the time comes that the bond serves City Attorney no further purpose as far as the City is con- cerned, then it becomes the duty of the City to release the bond and if the entire parcel is being acquired for the purpose of widening the freeway then there would-be no necessity.for the improvements specified in the bond. Mr. Aiassa: I believe what C.ouncilmAn Young is referring to is that maybe the Council autl1brize the re- lease subject to and until the State has taken jurisdiction of the property and that the bond be effective until that time. There might be some mechanics taking place. Councilman Nichols: Mr. Mayor. On this particular plan the State has finalized the plans for acquisition. The question should be raised, I think, is there any possibility that those plans will be changed? Councilman Young: That sums it up. Thank you, Councilman Nichols. Mr. Aiassa: We have no indication that the plans will be changed because of the amount of work going into the design and the acceptance and the powers of those that have accepted - it would be quite a drastic requirement to make those changes. I can also have Mr. Zimmerman answer - is there any feasibilities of any changes? Mr. Zimmerman: The staff isn't aware of any proposals for changes. This property was certified for acquisition by the State Division of Highways a considerable time ago, a better part of a year. About two-thirds of the parcels along the freeway are acquired at this time with no changes outstanding that we are aware of. Motion carried. PRECISE PLAN NO. 582 LOCATION: Southeast corner of Glendora MICHAEL RYAN CONST. Avenue and Walnut Creek Parkway. - 3 - REG. CITY COUNCIL - 11-23-70 PUBLIC WORKS - (P.P. NO. 582) Page Four E t Motion by Councilman Nichols, seconded by Councilman Young, and carried, accepting street improvements under Precise Plan No. 582 and authorizing the release of cash deposit in the amount of $800. PRECISE PLAN NO. 588 LOCATION: Southeast corner of Toluca Avenue WYCO, INC. and West Covina Parkway. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, accepting street improvements and authorizing the release of cash deposit in the amount of $800. PROJECT NO. MP-69018-7 GALSTER PARK BOYS°CAMP AREA & DEDICATION SITE W.C. CLINE CO. LOCATION: Galster Park Motion by Councilman Nichols, seconded.by Councilman Lloyd, and carried, accepting Boys' Camp area and dedication site construction and as per the recommendation of staff, authorizing the release of Maryland Casualty Company faithful performance bond in the amount of $33,537. PROJECT NO. SP-70020 LOCATION: Vincent Avenue and Glendora CROWELL & LARSON Avenue intersection. Motion by Councilman Lloyd, seconded by Councilman Nichols, and carried, accepting street improvements and,authorizing release of National Automobile and Casualty Insurance Company faithful performance bond No. 225932 in the amount of $10,976.70. RESOLUTION NO. 4252 The City Clerk presented: -. . ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, GIVING APPROVAL TO PARCEL MAP NO. 1696 AND ACCEPTING A CASH DEPOSIT BY THE SUBDIVIDER. " Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Young, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None FREEWAY WIDENING LOCATION: West side --of Azusa Avenue south ACQUISITION OF A PORTION of San Bernardino Freeway - future station OF FIRE STATION SITE #4 site. (Council reviewed Engineer's report.) Motion by Councilman Lloyd authorizing the use of City staff for the demolition of the existing 3-car garage and reconstruction of the. attached residence wall, and authorizing the Mayor and City Clerk to execute the right-of-way contract for the acquisition of the necessary freeway right-of-way for this location® and further authorizing the Mayor and City Clerk to execute the corporation grant deed conveying to the State Division of Highways the necessary right-of-way. Seconded by Councilman Young. RESOLUTION NO, 4253 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CORPORATION GRANT DEED CONVEYING TO THE STATE DIVISION OF HIGHWAYS THE NECESSARY RIGHT-OF-WAY FOR FREEWAY WIDENING." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Councilman Shearer: For information, I assume this is an exchange of right-of-way? Apparently we own some that 4 • REG. CITY COUNCIL - 11-23-70 PUBLIC WORKS (RES. #4253) Page Five the State is acquiring and we -are getting some from the State? Mr. Aiassa: No. They are acquiring the property from the City and the only thing they are allowing is a delay for removal of portions of the house, otherwise it would be immediate demolition. Councilman Shearer: It is strictly the State buying from us? (Answer: Yes) Do we own the necessary property there? (Answer: Yes) Will we need to acquire more? (Answer: No.) With what is left we can build Fire Station No. 4? (Answer: Yes) Was this a master plan for acquiring StatiozNo. 4? Mr. Aiassa: This was acquired approximately in 1961. We started negotiations then and it was acquired in 163 or 164. Councilman Shearer: Are these fronting on Azusa? Mr. Aiassa: This one particular home is the one the City acquired for the Fire Station and is now being rented out. With the removal of the garage we will either have to demolish it totally or work something else out. We feel it is more economical to have the time so we can get at least 5 or 6 months of rent before tearing down. Councilman Nichols: Mr. Mayor, the staff report indicates the price is $27,700 and it stipulates "it is their..." meaning the State°s value, and I am sure the staff concurs that this is a fair price but the report doesn't indicate that. Mr. Aiassa: Yes-- Mr. Nichols, we have had two spot checks as far as the value is concerned and we have the original appraisal when we bought the property. Our appraiser said we were well in line as far as cost. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSTAIN: Councilman Shearer. RESOLUTION NO. 4254 LOCATION: Pass and Covina Road northerly of ADOPTED Amar Road, 100 feet wide. (Council reviewed Engineer's report) Motion by Councilman Lloyd that City Council adopt resolution declar- ing intention to vacate a certain portion of Pass and Covina Road and Amar Road subject to the reservation and exception of certain rights and easements. Seconded by Councilman Young. The City Clerk presented: "A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DECLARING INTENTION TO VACATE CERTAIN PORTION OF PASS AND COVINA ROAD AND AMAR ROAD." Mayor Chappell: Hearing no objections waive further reading of the -body of said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None - 5 - t REG. CITY COUNCIL - 11-23-70 PUBLIC WORKS - Cont'd. Page Six LAMPMAN & ASSOCIATES LOCATION: Easterly of Azusa Avenue and North SANITARY LAND FILL of Amar Road. (UUP NO. 71) INVOICE Motion by Councilman Nichols, seconded by Councilman Lloyd, that City Council authorize payment of $538.00 to Lampman and Associates in partial payment of professional services. Councilman Lloyd: Where do we stand on this? Is this fulfilling the contract? Mr. Aiassa: No, it is not. As we progress they are working with us on the various aspects with BBK, who wants to expand the dump to a maximum capacity. We retained them almost on an hourly unit cost and we will probably incur more because most of their time now utilized was in reviewing the original proposal going before the Planning Commission and we found that there were major corrections necessary. It is money well spent because we are utilizing much more talent than we have in our staff and the end result of this will be something of either value or a liability to the City. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None RESOLUTION NO. 4255 The City Clerk. presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REQUESTING AID TO CITIES FUNDS FOR CONSTRUCTION OF CAMERON AVENUE - CITY PROJECT NO. SP-68017." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None RESOLUTION NO. 4256 The City Clerk presented: ADOPTED "A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF WEST.COVINA, APPROVING FINAL .MAP OF PARCEL MAP NO. 2033 - DONALD L.-BREN COMPANY." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PARCEL MAP NO. 1744 LOCATION: Northeast Corner of Amar Road and EASEMENT APPROVALS Valinda Avenue. (Council reviewed Engineer's report.) RESOLUTION NO. 4257 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A CORPORATION GRANT DEED FOR AN .EASEMENT FOR STORM DRAIN PURPOSES." RESOLUTION NO. 4258 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA, ACCEPTING A CORPORATION GRANT - 6 - REG. CITY COUNCIL - 11-23-70 Page Seven PUBLIC WORKS - Cont°d. (Res. Nos. 4257-4258) DEED FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES FROM. THE RECORD OWNERS." ` RESOLUTION NO. 4259 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA, GIVING APPROVAL. TO PARCEL MAP 1744,tl1 Mayor Chappell: Hearing no objections waive further reading of the body of said resolutions. Motion by Councilman Lloyd, seconded by Councilman Young, adopting said Resolutions. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None VACATION OF CERTAIN LOCATION: Within the previously vacated EASEMENTS & RIGHT -OF- Vincent Place and adjacent to Walnut Creek WAY & ACCEPTING QUIT- Channel at Vincent Avenue. CLAIM DEED FROM (Council reviewed Engineer's report.) LOS ANGELES COUNTY FLOOD DISTRICT RESOLUTION NO.4260 The City Clerk .Presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO VACATE CERTAIN EASEMENTS AND RIGHTS -OF -WAY LOCATED -WITHIN THE PREVIOUSLY VACATED VINCENT AVENUE.°' RESOLUTION NO. 4261 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA ACCEPTING A QUITCLAIM DEED FROM THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND DIRECTING THE RECORDATION-T-HEREOF.B1 Mayor Chappell: Hearing no objections waive further reading of the body of said Resolutions. Motion by Councilman Nichols, seconded by Councilman Lloyd, adopting said Resolutions. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None SUPPLEMENTAL WEED & LOCATION: Various throughout the City. RUBBISH ABATEMENT (Council reviewed Engineer's report.) PROGRAM - 1970-71 Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, approving 1970-71 supplemental weed and rubbish abatement program as per list attached to resolution and setting date of December 14, 1970 for protest hearing on the proposed abatement and rubbish removal. Councilman Nichols: Mr. Mayor - I would like to request the City Manager to provide me with a copy of the Supplemental List. (Mr. Aiassa agreed to send copies to Council.) RESOLUTION NO. 4262 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND'DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE.81 - 7 - REG. CITY COUNCIL - 11-23-70 PUBLIC WORKS (Res. No. 4262) Page Eight Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. .Motion by Councilman Lloyd, seconded by Councilman Young, adopting said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None SANITARY SEWER LOCATION: 44 Citywide reimbursement agree - REIMBURSEMENTS ments. AGREEMENTS (Council reviewed Engineer's report) Motion by Councilman Young, seconded by Councilman Lloyd, accepting the Annual Sewer Reimbursement Status Report and directing that funds be reimbursed in accordance with the sanitary sewer reimburse- ment agreements. Councilman Shearer: Mr. Mayor - for information - I assume this. is a service that we provide developers,.'.but in connection with this report.I see a lot of very small collections and transfers - $2.74 - .54(l, - $11.29 - do we is break even as far as administrative cost? Do we collect anything or is this something we do gratis or at a loss? Mr. Zimmerman: Mr. Shearer, I think this is something to my knowledge that the City does as a staff function of accounting and largely hasr,something to do with older tracts developed years ago and which people from time to time are attaching and hooking onto. In the overall the sewer program is relatively self-supporting, but I think this particular function is not paid for directly. Councilmen Shearer: Is this something we are continuing to do or as you say a thing of the past and we are clearing off the books? Mr. Zimmerman: This is largely a thing of the past that is becoming less and less -of a time consuming function of the staff as the years go by because the various items of investment become paid off. The original developers get paid off in totality and then the account is closed. Motion carried. FRANK SATA LOCATION: Civic Center ARCHITECTURAL SERVICES (Council reviewed report.) INVOICE - CIVIC CENTER Motion by Councilman Nichols, seconded by Councilman Lloyd, authorizing payment of $337.50 to Frank T. Sata for services in connection with the Civic Center, through October, 1970. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ARMSTRONG &.SHARFMAN LOCATION: Civic Center Phase II Site Develop - ARCHITECTURAL SERVICES ment contract. (Valley Crest Contract) (Council reviewed report.) Motion by Councilman Nichols, seconded by Councilman Lloyd, authorizing payment in the amount of $4,372.65 as payment in full to Armstrong & Sharfman for architectural services in connection with Phase II Site Development, Valley Crest contract. Motion carried on roll call vote as follows: REG. CITY COUNCIL - 11-23-70 PUBLIC WORKS (Armstrong & Sharfman Invoice) Page Nine AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ARMSTRONG & SHARFMAN LOCATION. Civic Center ARCHITECTURAL SERVICES (Council reviewed report.) (O.K. Coyle Contract) Motion by Councilman Nichols, seconded by Councilman Lloyd, authorizing. payment of $5,399.06 covering architectural services on the site development contract phase under 0. K. Coyle. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None HEARINGS ZONE CHANGE NO. 447 LOCATION: Southeasterly corner of PRECISE PLAN NO. 580, REV. 1 Sunset Avenue and Roseway Street. Queen's Medical Center REQUEST: Approval of a change of zone from R-1 (One -Family) to O-P (Office - Professional) for a 9,800 square foot parcel and approval of a precise plan of design for a medical facility on a 28,500 square foot parcel (part of which is presently zoned O-P). Recommended by Planning Commission Resolutions Nos. 2295 and 2296. (Mr. Munsell, Planning Director, summarzied :Planning Commission Resolution No. 2295 pertaining to Zone Change No. 447, slides shown and explained pertaining to site location, and further stating that the proposed zone change complies with the intent of the General Plan, in that it is in keeping with the medical facility/office nature of the uses suggested for this area, going into further detail regarding reasons for recommending the zone change. Planning Commission Resolution No. 2296 regarding Precise Plan No. 580, Rev. 1, summarized and conditions stated and explained, along with slides, further advising that the proposed development meets all the development standards of the O-P zone including on -site provisions for all required parking.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 447 AND PRECISE PLAN NO, 580, REV. to IN FAVOR Dr. Moghtader: (Sworn in by City Clerk) Queen's Medical Center I believe this was very well presented by staff. I feel we have wasted enough of Council°s time and I have absolutely nothing to add to the presentation but will be glad to answer any questions. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: Mr. Mayor, I would like to say that I feel that the.applicants have shown a great deal of devotion to the interests of the community in this application and to the preservation of the values in that neighborhood to the extent that any human being could preserve those values, and I would certainly like to commend those gentlemen submitting the application. I would also like to say that I am most pleased with this plan which is another indication that our current planning staff is, in my judgment, showing a very great deal of concern for all of the people and the acceptance of this plan by the lack of organized opposition indicates that when people show that kind of concern the community can move forward and that all elements can gain by it. Again, I am very pleased with it and most pleased to support it.. !Wt REG. CITY COUNCIL - 11-23-70 Page Ten HEARINGS: ZC #447 & PP #580- REV. 1 Councilman Young: Mr. Mayor, 'I don't want to muddy the water but I would just as soon see the "No Right Turn" sign eliminated from the driveway onto Roseway. I know the object of it is to reduce traffic on Roseway and reduce parking, but I think it is essentially a situation that could create some minor problems and I think it is legally meaningless, in my opinion.' As I say, I don't want to make a big issue of it but perhaps some questionability could be built in on that point. Councilman Nichols: It is a very good point and I have some thinking on that. If a person insists on going off into a blind alley they should really have that rights however, I do feel some type of signing such as "Dead End Street" or some indication should be.made to people leaving the Center to avoid un- intentional ingress. I think I would be willing to delete that require- ment and urge the developer to work cooperatively with the City to sign the exit as an informational item only. So if you would like to move that deletion, Councilman Young, I will second it. Councilman Young: I will so move. Councilman Nichols: I will second it. Councilman Shearer-. Mr. Mayor - I would like to point out that the thoughts of the Planning Commission at their meeting which I.attended, was not to inform the motorist that took a.dead end street but rather it was sort of a concession to the residents on Roseway for their protection to keep the cars off that street. I particularly feel while the sign may be un- enforceable, if it will discourage people from turning down Roseway - and this is partly what gained the acceptance, and while you don't see people here tonight because there were 3 or 4 in opposition at the time it was before the Commission, I feel if we take this sign down that we may hear some unfavorable response from -the -people living on Roseway Street. So I would like to see the,sign stay, even though it is not legally enforceable. Councilman Nichols: Councilman Shearer, wouldn't a sign advising the person leaving the premises that the street is not a thWrough street, largely accomplish the same thing? Councilman Shearer: Not from the standpoint he was looking for a place to park and the parking lot was full and he wanted to drive down Roseway Street to park. The fact this was a dead end street would not deter him from doing so and this was the concern of the citizens to discourage parking on the street from the overflow of the medical center. Councilman Nichols: If that is the case and approval was based on that, because it was the concern of those people, then I would request the maker of the motion the privilege of withdrawing my second. Councilman Young: We could just vote down the motion, which would be the most correct thing to do. I think Councilman Shearer°s points are well taken. Mayor Chappell: When the citizens were present, once they saw we were going to do this, there was a tremendous amount of pressure taken off on the opposition to this property. Councilman Young: Mr. Mayor, I would call for the question on the motion. Motion failed. Councilman Young abstained. - 10 - REGo CITY COUNCIL - 11-23-70 Page Eleven "HEARINGS: ZP ##447 & PP #580 REV. I Motion by Councilman Lloyd, seconded by Councilman Young, approving Queen's Medical Center Zone Change application No. 447, location southeasterly corner of Sunset Avenue and Roseway Street and that it be adopted by Council as submitted by the .Planning Commission in Resolution 2295, also Precise Plan No. 580 Rev. 1 as set forth in Planning Commission Resolution 2296. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None TEMPORARY POLE INSTALLA- LOCATION: AZUSA Avenue, approximately 600 TION - LIFT STATION feet north of Temple Avenue. Underground'Utility Waiver o Uinark,' Yric ( Council reviewed Engineer's report.) Councilman Shearer: Mr. Mayor - before getting into the hearing I would like to raise a .question. -As far as the legal timing is concerned - I am willing to go ahead - but this was only heard before the Planning Commission last Wednesday - is there a requirement to get notices off to the people - we are only 3 or 4 days away from the hearing? Mr. Wakefield: Councilman Shearer, both the Planning City Attorney Commission and the City Council are required by virtue of..our.u-nderground utility ordinance to hold a hearing with respect to exceptions that may be requested. However, those hearings are simply for the purpose of permitting the applicant to come in and show that he meets the conditions of the. Ordinance which would authorize the granting of the exceptions. It is not a hearing in the sense of the hearings required under the State Planning law. This is to simply satisfy the City Council that he has met the requirements and is entitled to the exception which he has requested. These exceptions relate primarily to the condition of the soil and other physical factors which would make it difficult or impossible for him to comply. The Ordinance does authorize exceptions for emergency or temporary construction and this is the latter kind of a request. To answer your question specifically, there is no require- ment that the hearing be advertised or the Council hear from anyone other than the applicant for the exception, although you are .free to hear from others in the area who may have an objection to make. Mr. Zimmerman: Mr. Mayor and members of the City Council - City Engineer the pole in question is located on the easterly side of Azusa at a temporary pump lift station which will be installed by the developer to handle the homes presently under development. This pole will no longer be needed when they develop the apartments along the Azusa frontage presently planned for some period of time within the next year. For that reason,. a temporary time limit of one year is acceptable to the developer. If in truth the apartments and the underground utilities are not installed along Azusa Avenue within the year it is proposed that an underground line be installed from the west side of Azusa to where aerial facilities presently exist in the County over to the pump station. So one way or the other we will get an underground line within one year to service the pump station. Ultimately the pump station will not be needed at all because we will serve through gravity forces down Temple Avenue once such a line is put in in the County area. Councilman Nichols: Based on the recommendation of the staff, which I assume -represents the testimony of the applicant, I move that the modification as applied for be granted for a period not to exceed one year and that the applicant post a bond in the amount of $2,000 guaranteeing the temporary pole removal at the close of that one year, also covering the cost of the underground installation across Azusa Avenue. Seconded by Councilman Lloyd. REG. CITY COUNCIL - 1.1-23-70 Page Twelve HEARINGS: UNDERGROUND UTILITY WAIVER-UMARK (Cont'd) Mayor Chappell: Mr. Zimmerman, I have a question regarding the $2,000. From the figures I have been getting per foot will that cover the under- ground installation across Azusa Avenue as well as taking the pole down? Mr. Zimmerman: Yes, Mr. Mayor. This is our estimate from the Edison Company and it would include drilling under Azusa Avenue so it would not have to be an open cut and the installation of the pole under the street. Councilman Young: I am still opposed to requiring a bond where we are dealing with a corporation - a utility - of tremendous substance - it seems to me the bond goes the wrong way. The bond is nothing, it is just an assurance essentially against insolvency at some future time - in my opinion. The City Attorney probably has a more refined view than I do. Mayor Chappell: Would you like a ruling from the City Attorney, Councilman Young? Councilman Young: No - I will vote for it. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None THE CHAIR CALLED A.RECESS AT 8:32 P.M. PLANNING COMMISSION COUNCIL RECONVENED AT 8:40 P.M. REVIEW .SUMMARY (Cou.ncil reviewed actionand made the following ACTION - 11/18/70 comments.) Councilman Shearer: I would like to comment on one thing having been in attendance. Item 1 is the decision on an Unclassified Use -Permit for a child Day Care Center. Looking into the Ordinance,due to the fact that without exception recently the applications for this type of unclassified use permit have all been turned down even though as far as staff is concerned they do meet the conditions set up in the ordinance, because the Ordinance might be too broad and this may not be a proper use; and as I understand it the Planning Commission is going to do that. Is that correct, Mr. Munsell? , (Answer: Yes) Councilman Shearer: r jus't wanted to point that out to Council - staff will be looking into this Ordinance with probably some revisions or modifications recommended. Mr. Munsell: That is correct. Councilman Young: Item 2 - I am a little bit concerned about the increase of apartment units in this Planned Community Development Plan 1, from 820 to 876 -.that is an increase of 56 units. Increase in density, I suppose, but I don't know. We are dealing here with what I have generally felt was a relatively new concept in planning - that is the community type thing. So we start in, phase by phase on it, and we have these two requests, one of which is withdrawn with respect to the mobilehome lots, but the other is granted increasing density by some 56 units. Somehow I am not quite willing to accept just the statement here. I am wondering if this is something we would want to review at Council level and see what thinking has gone into this. Maybe we can clear it up now, but I am interested in knowing more about this increase in density, for that is what it is. - 12 - REG. CITY COUNCIL - 11-23-70 Page Thirteen PLANNING COMMISSION - SUMMARY OF ACTION Councilman Nichols: I would agree with Councilman Young. I think when a developer working with the city staff puts in many, many months of great thought in an overall development and action is taken to certain density and then the total package comes in and he asks something like a 7/ increase in the density, it leaves . the developer susceptible to the charge that other aspects of his plan have not been as carefully thought out as has been purported. I think the Council can only look at this through the device of calling it up. I think perhaps, that Councilman Shearer might have some insights on this, if he sat in on this, that I don't have. I would, however, be prepared to support a motion to call it up unless I hear something to change my mind. Councilman Shearer: Having sat through it and you gentlemen not having the opportunity, I feel the request was a change from the original thing but the final proposal was a good proposal and one that was acceptable. When you get down to what has actually happened in their development, if I am not mistaken, it was an increase of 56 requested - Mr. Munsell is shaking his head "no" - anyway most of the increase in units are already built because of the phasing of the development. They have already been crowded into the first phase and the precise plan has basically met the acceptance of the City staff, they have not violated any of their proposals and if we held them to the original number of units in the first phase the last phase would be very skimpy. Councilman Young: I personally would like to know more about it. Councilman Shearer: Mr. Mayor - Mr. Munsell just handed me a note. There was an increase of 56 originally requested but in working with the staff they removed 12, so the increase is only 44 and 40 of this increase are already under construction in the first phase, so they can come back and say they are only asking for an increase of 4, although it is a total increase of 44. Councilman Young: I am going to suggest we call it up and the reason is because as sketchy and at the same time as thorough as we have heard it, I think Bren is open to criticism in that they have broken faith in someway. I think if we see the full picture, which we are entitled to see and should see, it gives everyone a fair position in the matter and particularly when we'have a lot more acreage down there -to goo So I make a motion that we call it up. Seconded by Councilman Nichols, and carried. Motion by Councilman Shearer that City Council receive and file with the exception of Item II, the summary of action of the Planning Commission meeting of November 18, 1970. Seconded by Councilman Young, and carried. PERSONNEL BOARD MINUTES OF Motion by Councilman Shearer, seconded by OCTOBER 6, 1970 Councilman Lloyd, receiving and approving the minutes of the regular meeting of the Personnel Board, dated November 6, 1970. Councilman Young: A point of order. I don't see how we can approve them. Councilman Nichols: We do. By receiving and approving these minutes we in fact confirm the actions of the Board and give them the status of law. If we did not approve them they could not be technically acted upon. Is that about correct, Mr. Wakefield? - 13 - REG. CITY COUNCIL - 11-23-70 Page Fourteen PERSONNEL BOARD - APPROVAL OF MINUTES Mr. Wakefield: That is correct. The purpose here is not City Attorney the technical approval of the minutes, that will be done by the Personnel Board itself,, but to approve the action reflected in the minutes. Motion carried. MID -YEAR SALARY Councilman Nichols: Mr. Mayor, I have read REVIEW the report and I guess all the Councilmen have, and unless there are questions I would move action of approval on the recommendation made by staff. Seconded by Councilman Lloyd. Councilman Young: I note on Page 3 of the proposal by Mr. Gold that he desired authorization no later than November 16, I suppose our delay just delays him some 6 or 8 days? Mr. Windsor: He makes allowance for that, Councilman Young. Administrative Ass°t. 30 days from date of approval, PERSONNEL DEPT. Councilman Shearer: On the first page, last paragraph, it says the $1500. is to include any appearance by consultant that he may make before the Personnel Board or the City Council. And the first page of the next item, the memorandum to the Personnel Board dated November 90 says in the last paragraph on that page, "under the terms of this proposal Urban Associates will carry out their work, etc. etc., unless they are required to make a presentation of their findings before the Personnel Board." Does it or does it not include presentations? Mr. Windsor: We clarified this in the recommendation on the following page. At $1500. we feel it will cover any appearances before the Board or City Council. Councilman Shearer: Okay then it does. And the next question - the terms are on the basis of so many dollars per day. Is this pro -rated on the basis of a half day, a quarter day, or what specifically defines a day? Mr. Windsor: The City Manager specifically requested this, because we feel we can probably do this work for less than the $1500. Mr® Aiassa: I might comment •- Mr. Gol4,has other contracts and I don't want him coming into this City at 3:15 P.M. and expect to charge me 'for a full day°s work and that is why we prefer when we need him to schedule him for a full day and he will charge on that basis. That is why I put it on the per diem basis so we can control it. • Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None HUMAN RELATIONS eOMMISSION MINUTES OF OCTOBER 2-2, 1970 Motion by Councilman Nichols, second- ed by Councilman Young, and carried, to receive and file the minutes of the Human Relations Commission dated October 22, 1970. - 14 - REG. CITY COUNCIL - 11-23-70 ORAL COMMUNICATIONS Mayor Chappell: our City was pleased t and their President 7' years - Mr. Al Jord Qn, to the microphone and would appreciate it. While at attenda evening given by the installation o receive an award going_out of office is in the audience represent the award Page Fifteen nce at a banquet last Friday West Covina Beautiful for of new officers and awards, From West Covina Beautiful now, having served for two tonight. If he will step to the entire Council, I Al Jordon Mr. Mayor and members of the City Council it West Covina Beautiful gives me great pleasure to present this to the Past -President total Council. Three of the members were present at our banquet last Friday night at the Royal Coachman Restaurant where the organization of West Covina Beautiful recognized the beauty of our City Hall and voted to give a plaque to the City of West Covina. I would like to.r.e-present this plaque on behalf of the Board of Directors to the Mayor and the City Council in commendation of the beautiful edifice we have in our community symbolizing our government function. (Plaque presented by Mr. Jordon; Mayor Chappell accepted on behalf of the Council and the City and thanked Mr. Jordon for his appearance at the meeting.) WRITTEN COMMUNICATIONS SEVENTH -DAY ADVENTIST Motion by Councilman Nichols, seconded by CHURCH - REQUEST Councilman Young, and carried, granting permission as in prior years to the Seventh- Day Adventist Church to conduct a fund raising campaign and use of sound equipment for playing Christmas Carols. ELEANOR POST LETTER Motion by Councilman Nichols, seconded by re GEORGE BEAUMONT Councilman Lloyd, referring this letter to the Personnel Board. . Councilman Shearer: A question. In reading this over I assume and maybe in this assumption I am incorrect, that this letter was written directly to the City Council due to the author's dissatisfaction to the reaction of the Personnel Board. Perhaps I might have a clarification on that? Mr. Aiassa: No - this letter has been universally given to some twelve million sources. The reason it was referred to the Personnel Board is that they will give you their findings, etc., and all the details you might need to follow through. Councilman Young: Personallyal dislike seeing an employee fired or suspendedunder these circumstances, maybe not these specific circumstances, but I am also familiar with the -fact there is a.personnel procedure for bringing appeals to the Personnel Board and .to City Council if necessary, and then even into the -.courts if no satisfaction is received otherwise. It appears to me that the time has long since expired for any of these things to happen, that the employee by design, or neglect, or acquiescence, or whatever, simply didn°t..follow through on well stated procedures which are available to everybody. This is.my opinion, perhaps the City Attorney can either verify or can tell me if I am wrong on that, but if I am correct I see no reason for having this further study. Mr. Wakefield: This is a matter as Councilman Young indicated, City Attorney which has been a. source of concern for some time. Originally Mr. Beaumont was suspended because of his arrest on certain charges, including the charge of possession of narcotics. While he was sus- pended pending decision of the courts on the criminal charges, maw REG. CITY COUNCIL - 11-23-70 ' Page Sixteen WRITTEN COMMUNICATIONS - Cont'd. Mr. Beaumont applied for and was granted a•retirement from the Public Employees' Retirement System. He now asserts that he did not under- stand the application for and the placing of his retirement application before the Public Employees' Retirement System and in effect terminating his employment with the City and the City could no longer continue to employ him after he was on retirement. There was an exchange of correspondence between Mr. Beaumont and myself, and between Mr. Beaumont's attorney and myself, concerning the matter. I explained to them at the time the consequences of his retirement. Nothing further was done with reference to it, so far as Mr. Beaumont was concerned, until long after the criminal charges had been disposed -of and this letter from Mr. Beaumont is now a follow-up letter to one addressed to the Personnel Board in effect complaining about the treatment which he received at the hands of the City and:asking forsome exoneration of his record. Actually there is nothing -.in the records of the City with reference to Mr. Beaumont except the bare recital of the series of events that happened, including a record of the fact that the criminal charges against him had been dismissed. So at this point in time I don't believe there is anything that ;can effectively be done to remedy Mr. Beaumont's problem. The Personnel Board has received his letter and has asked for a further report from the Personnel Officer and the City Attorney.and that report will be given to them at their next regular meeting. Mayor Chappell: We have a motion to refer to the Personnel Board and since they are acting on it, do you have any further comments? Motion carried. CITY OF LAKEWOOD Motion by Councilman Shearer, seconded by RES. NO. 3180 Councilman Nichols, to receive and file City of Lakewood, Resolution No. 3180, per- taining to employment for experienced unemployed aerospace workers. Motion carried. Councilman Young: Mr. Mayor - I thought we were to give some consideration to a similar motion and I take it that consideration has just been given and we decided not to do it? I think we have a lot of aerospace workers living in this area and'.they have a serious problem. An aerospace worker that makes $15,000 a year in aerospace and is willing to work for $6,000 a -,-year but no one wants to hire him because they know he still has his eyes open to getting his $15,000 to $20,000 a year job back.if he can. It is a serious problem. Councilman Lloyd: Can I comment on that, having been one of those people that was a part of the aerospace grouping having worked for Aerojet Gensrah. and having to face a reduction in force - which.I did. It is a traumatic experience and I am not saying we shouldn't be sympathetic because it affects the economy of all the area, no -question about it. And I have personally, as I am sure Mr. Aiassa will attest, have tried on behalf of several of my personal friends to do that which I could to reorient them to new jobs, but I would remind you that these people have oriented themselves in a very minor -spectrum which was highly productive both as to income and also in the area of governmental contracts and as long ago as 1963 I can remember having discussion with Mr. Tracy of the San Gabriel Valley Tribune regarding the reduction of people in these different areas becau-se of the fact there had been substantial decreases in the contracts to aerospace industries. We knocked off part of the efforts on NIRVA - we knocked off a lot of the GEMINI rocket program - we were looking for the big boosters in solid state rockets and moved -.from solid to liquids. There were many indicators at the time. Certainly in the area of aviation the fact remains I foresaw and still.predict that the monsters - the 747 - the 10 - 111s, etc., are not going to do nearly as well as a lot of people think they will. I think they have become just too big and too difficult to handle and there are a lot of - 16 - REG. CITY COUNCIL - 11-23-70 WRITTEN COMMUNICATIONS - Cont°do Page Seventeen problems that will occur. Just as I have made a prediction that the first crash we have will kill 350 to 500 people and it won't be a football team but what amounts to a very small town - it sounds like I am being negative and I am not, but I am saying I think the handwriting is on the wall -and if a resolution will do good for these people then I am indeed in favor of it, but I think a lot of people hung.'.in there when ituas evident they would have to make a shift. A lot of them could have shifted over .to education and things of that nature. I also recognize it is very..diff.icult to walk away from a $15,000 to $20,000 a year job - to suddenly make that kind of a change -over. However, I do believe -Mr. F-ast-was -able to do it. Councilman Nichols: Mr. Mayor - this particular resolution relates to a particular employment activity which we are not familiar with -and the-.. resolution does not request action of any other City Council - it is informative to us and requests action only of employers and other citizen groups. About the only thing we can do effectively tonight is receive and file with empathy. SCOTT CLINIC Motion by Councilman Nichols, seconded by LETTER Councilman Lloyd, and carried, receiving and filing letter of appreciation from the Scott Clinic for support given to Drop In Free Clinic Dance held on November 6, 1970. EAST SAN GABRIEL Motion by Councilman Young, seconded by CHAPTER OF AMERICAN Councilman Shearer, and carried, that the re - FREEDOM FROM HUNGER quest of East San Gabriel Chapter of American 1MUNDAT'ION Freedom from Hunger Foundation to hold another March on Saturday, March 6, 1971, be granted and encouraged. ROSE FLOAT COMMITTEE Motion by Councilman Nichols, seconded by OF CAL POLY, POMONA Councilman Young., and carried, granting per- mission to the Rose Float Committee of Cal Poly, Pomona, to display and sell flowers at Eastland to help finance float including waiver of license fee. WEST COVINA COUNCIL Councilman Nichols: Mr. Mayor we have this of PARENT TEACHER letter and I believe ASSOCIATION there was one additional letter that came into our agenda late this evening; therefore, I would move that these two letters be received and filed by the Council and that the Mayor be directed to acknowledge receipt of those letters from the two well known and influential organizations. Seconded by Councilman Lloyd. Councilman Young: There will be some further action on this, is that right? Mayor Chappell: Yes, the City Attorney has some action on it. Mr. Wakefield: Yes, the ordinance introduced at your last City Attorney regular- session will be before the Council tonight for adoption. Mayor Chappell: We certainly hope all the citizens and various organizations will become actively opposed to this sort of thing. It is felt in my mind and others, that the more opposition displayed the less apt they are to face this storm of opposition. Councilman Young: I would like to say that I appreciate very much, as I am sure we all do, the very thorough report from Detective Keith relaying this information to use - 17 - REG. CITY COUNCIL - 11-23-70 WRITTEN COMMUNICATIONS - Cont'd. Page Eighteen 1 �J Mayor Chappell: Sergeant Keith will you stand up so the Council might meet you if they have not? (Sergeant Keith stood up and said he would be happy to discuss the matter with anyone in his office.) CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION °'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change application No. 445 - Bassett.)" Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Young, and carried, introducing said Ordinance. PROPOSED DRAFT OF''ORDINANCE Mr. Wakefield: This is a draft of an RE'.COIN OPERATED WASHERS AND Ordinance which I asked to DRYERS' IN APARTMENTS, ETC. have on the agenda simply because it was a -matter of concern to the City Council a year ago when we revised our business license fee procedures with respect to coin operated e-washers zhd dryers. In the last sesssion the legislature secured the passage of legislation which prohibited a city from levying a license fee on a per machine basis and that it be imposed on a gross basis. This applies to only those coin operated washing machines and dryers in apartment houses and those sort of places and does not apply to the standard laundromat. I have prepared a draft of the ordinance which is in conformity with the legislation passed and with what we have received from the previous ordinance provisions, however it has not been reviewed by staff and perhaps rather than introduce tonight it would be appropriate to refer to staff for consideration and report back to you. If acceptable it can be introduced at that time. So moved by Councilman Nichols, seconded by Councilman Young, and carried. ORDINANCE NO. 1148 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ANNEXATION TO, INCORPORATING IN, AND MAKING A PART OF SAID CITY OF WEST COVINA, CERTAIN TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO, KNOWN AS "SOUTHERLY ANNEXATION NO. 214�." Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance. Mot!bh".--by. ,Councilman Shearer, ..seconded:_byl Councilinad, Nichols, that said Ordinance be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None ORDINANCE NO. 1149 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTION 6236 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ISSUANCE OF BUSINESS LICENSES TO CERTAIN RESTRICTED BUSINESSES."° Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance. Motion by Councilman Young, seconded by Councilman Nichols, that said Ordinance be adopted. REG. CITY COUNCIL -- 11-23-70 Page Nineteen CITY ATTORNEY - ORD. #1149 Councilman Shearer: I have a few questions in this area - I am 100/ in favor so don't anybody get concerned. Maybe the City Attorney can clarify this - we-- talk about an Adult Bookstore - what would prevent me if I came in and said I wanted to open, a bookstore but do not apply for an Adult Bookstore however I choose,, to sell the type of material considered as pornography- similar to what the Sergeant outlined to us in his report - would this type of ordinance cover.that?r- Also other things such as I come in to the City and I want to open an Arcade - also describ- ed,hin:-the.report and. - don't sell books? Is this covered? I am wondering if we really cover all the areas we want covered and if this ordinance does it and if not if we should perhaps look a little deeper into the subject? Mr. Wakefield: As I am sure we are all aware this is a difficult City Attorney area of regulation. The ordinance draft as it pends before you was designed specifically to cope with the kind of business establishment that is described in the Sergeant's report. The ordinance drafted is in the form it is because in the.1969 session of the legislature legislation was passed which prohibited the selling of certain materials to children under 18 years of age. That ordinance I think provides the basic framework in which we can control the sale of so-called pornographic materials on an un- restricted basis. The problem which .this Ordinance seeks to deal with is that kind of an establishment which limits admission to its,premises to adults which stocks, or advertises, or attempts to limit in anyway the sale of certain books or materi.ajs, photographs® etc., to adults. What we are attempting to deal with here is the difficult area between that which the courts protect as freedom of speech and that which is not protected and which falls .in the category of hard core pornography. The only practical way, as I see it, in which we can deal with this problem is to force the applicant applying for the license to come before the City Council and describe in detail what it is he proposes to sell and how and give us an opportunity here to judge whether or not the Council thinks there is any redeeming social interest in the materials which he proposes to offer for sale. If not, then the license can be denied and the burden upon him is then to seek whatever judicial redress he thinks he is entitled to. On the other hand if we attempt to define in our ordinances those things that are permitted to be sold and those that are not, we run into a quagmire of not only state pre-emption but also the problem of attempting to reconcile very difficult public policy issues which the courts have been wrestling with for the past 10 years. I think we make the most progress in this kind of an approach to the problem. If it turns out this does not work then we will have to try something else but:I think .it is apparent from the memorandum prepared by the Sergeant what we are here attempting to deal with is a specific kind of problem fraught with difficulties. If once a license is issued to an establishment of this sort the police can make arrests for the sale of obscene materials, there are very difficult questions of proof and the ability of the -District Attorney to sustain prosecutions in that kind of case. However, I think we can deal with it here before the business license is issued and stop the inroad of establishments of this .sort into the City at their very inception. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None RESOLUTION NO. 4263 The City Attorney presented: ADOPTED "A RESOLUTION OF. THE CITY COUNCIL OF.THE CITY OF WEST COVINA, CALIFORNIA, PETITIONING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 50193, TO CONSENT TO THE RELOCATION OF THE COMMON BOUNDARY BETWEEN THE CITY AND THE COUNTY." Mayor Chappell: Hearing:no objections waive further reading of the body of said'Resolution. 19 - REG. CITY COUNCIL - 11-23-70 CITY ATTORNEY - RES. #4263 Page Twenty Motion by Councilman Young, seconded by Councilman Lloyd, that said Resolution be adopted. Councilman Shearer: A question. It looks like we are inheriting a considerable length of half street - I assume the normal boundary line does bisect the street it rather than adjacent to one of the right-of-way lines and it would be a normal set-up? Mr. Aiassa: We have made,it a standard policy that we annex to the center of the street in case of accidents, median strips, etc., so that the various things can be worked out between agencies. We had a very difficult problem on Barranca just north of the overpass - the City of Covina owns the street up to our curb at Eastland and at one: time they decided to close the curb of the median into Eastland. Motion carried on roll call vote as follows. . AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor. Chappell NOES: None ABSENT: None .RESOLUTION NO. 4264 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AUTHORIZING AND DIRECTING THAT APPLICATION BE MADE TO THE STATE BOARD OF PUBLIC HEALTH FOR A PERMIT TO FURNISH DOMESTIC WATER." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, adopting said Resolution. Motion carried on roll call vote as follows. AYES: Councilmen Shearer, Young,, --Lloyd, Mayor Chappell NOES: Councilman Nichols ABSENT: None (Councilman Shearer clarified his "aye" vote by saying "although I. am opposed to the lease I will vote "aye" on this..) RESOLUTION NO. 4265 The City Attorney presented. ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 598 (Lawrence & Maureen Bassett)." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, adopting said Resolution._ Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES• None ABSENT: None HEARING re JOINT Mr. Wakefield: Several weeks ago I POWERS AGENCY FINANCING received notice of a legislative interim committee to be held here in Los Angeles on December.16th on the question of Join:t.Powers Agency financing. At this last session of the legislature a bill was gassed by the Assembly and was reported upon favorably by the appropriate committees in the Senate, but was finally killed in the closing hours of the session, which would have prohibited Joint Powers Agency financing of any project until that project had been submitted to a vote of the electors of the agency in which the project was to be constructed. I called this matter to the City Manager's attention in the belief that the City might want to be represented at this particular committee hearing because the subject of the hearing is really a special resolution which instructed 20 - REG. CITY COUNCIL - 11-23-70 Page Twenty-one CITY ATTORNEY - JOINT POWERS AGENCY FINANCING the committee to investig-ate and report on the legislation previously defeated. It is a matter of concern to the City at this time in view of the necessity for completing the parking facility financing and some other similar,kinds of projects including the library here at the Civic Center. I think it would be appropriate for staff to be present; I am not suggesting that you authorize the City Attorney to it appear necessarily, although I would be glad to do so, if that is your desire. Councilman Nichols: In discussion of this particular item it would open up a broad range of philosphies and positions and- I really don't feel we should go that far this evening. May'I ask a few questions? What was the date of the meeting? Mr. Wakefield: December 16th. Councilman Nichols: Personally I have always had certain feelings about it that would involve being required to refuse to vote to authorize testimony that would oppose such legislation. I think it is something we should have the opportunity to discuss before we proceed into it and I am reticent to move into it here because of the time involved, Mayor Chappell: Is it your thinking we should go there to hear this or have -a representative present? Councilman Nichols: It would certainly be my feeling we should authorize having a representative present, but I don't want on such short notice..... Mayor Chappell: That is all they want. Councilman Nichols: I am not so sure. Mr. Aiassa: The main point the previous bill had'and I think it was a very bad point, it also involved the existing public authorities and public agencies. If we had not initiated the library expansion or the third phase of the court, we would have to go to the vote of the people on the tail end of the completion of the project. All we would ask is that they state it not be made retro-active Where there are public.at,thoritJes now in existence, partially or almost totally completed, to come back.:and make -a complete new procedure would only foul them up. Councilman Nichols: Of course, only the Councilmen sitting here whowere present at the time the Authority was created could possibly indicate things as to the purpose of the creation of the Authority and my recollection is that Council is heavily represented with those that were present at that time, so.I would be speaking from the point of advantage and that would be a little unfair in terms of the intent of the original authority - I will not go into that area tonight. My own personal feeling is that there is ample time before additional legislation comes before the floor and the Assembly of the Sensate and if city staff feels Council should take a position, I would like the -Council to have the opportunity to discuss in some depth because I think it has significant political implications that will arise again in this community. I don't think we should act quickly without considerable thought before authorizing any particular city position relative.to this type of legislation. Councilman Lloyd: Mr. Mayor - the bill .they were talking about is Bill 2182 which was amended four or five times prior to its final submission and it was the amendments which finally contributed to its demise. This body in meeting is supposedly testing the waters, and I have already spoken 21 - REG. CITY COUNCIL - 11-23-70 Page Twenty-two CITY ATTORNEY - JOINT POWERS AGENCY FINANCING to the City Manager and he is aware of my feelings on this. I think the course of action prescribed is the correct one; I think we should indeed be present and take notes, if for no other reason to note who is present, who is opposed, who is not and what the attitudes are. I think there is a very clear and a fairly strong indication even with regards to our neighboring City of Covina that Joint Powers Agreements can be fraught with a certain amount of danger at the present moment, particularly as to the public attitude and it is becoming more polarized in that people really do want more of a "say" in what goes into the expenditures of funds. There is no question about the fact whenever you have a construction, no matter what the governmental agency, whether it is created as a result of two agencies going together or created as some sort of a'District, or whatever, the fact remains that when they vote construction of major items these things cost money and the taxpayers at the present moment are the ones that have to bear those taxes. As far as I am concerned anything that merely purports to.raise taxes at the present moment had better be well considered by any legislative body today. Councilman Young: I will make a motion that the City Manager be authorized to attend or designate a representative to attend the hearing set for December 16, 1970, at the State Building and report back to City Council the occurrences of that hearing. Seconded by Councilman Nichols, and carried. CITY MANAGER TRAFFIC COMMITTEE Councilman Nichols: A question. In respect MINUTES OF to the second item on NOVEMBER 17, 1970. the agenda. A request is listed but no indivi- dual is indicated. On all'of the other lists we have the source of the request, whether it be City Councilmen, staff, or private individuals; and I,was wondering if there was a reason for that and that we should not inquire? Also on that 'item the description of streets is incorrect and the use of the term �Broadmoor is not applicable, the street involved is Bainbridge Avenue. Broadmoor runs parallel to Belmont, the street in question, and is,a long block removed from there. Mr. Zimmerman: My recollection of the discussion at the Traffic Committee meeting is that it was the homeowner at the corner of Bainbridge and Belmont that requested this Councilman Nichols: Thank you. I have no other questions. Mayor Chappell: I have a question on Item 4. Although I see from documents here as findings of open parking areas, etc., I have been in this particular area myself on numerous occasions and even.though we talked about this in March of 164, March of 165, August 165, -February 166, I think everything is changed due to the fact we have the County Social. Service offices there. I have attempted to park in that area and have been unable to find a parking place. I know the businesses are being hurt because I contacted them personally since they contacted me, and I went down there and talked to them and they do have a problem. There are some 3 or 4 stores in there that definitely have a problem: doing business. Remembering the report from the Chamber of Commerce giving us .5/o increase on sales tax revenue, I think we should do just about everything we can to enable these men to do business and in my mind I think it is justified that they have some 20 minutes parking in that area, not all, but certainly some. I would hate to tell you how many times I have been down there and been unable to park without having to go down in the vicLnity of the restaurant and having to walk back. I would like to have this looked at and perhaps my fellow Councilmen would go along with the request for 20 minute parking. - 22 - REGo CITY COUNCIL - 11-23-70 CITY MANAGER - TRAFFIC COMMITTEE MINUTES Page Twenty-three Councilman Nichols: I would like to see this referred back - I don't think I would want to take a vote to establish a recommendation in a particular. area tonight, but I am sympathetic to the point of view you expressed. I would like to receive a report on it. Councilman Lloyd: This is all well and good about a 20 minute parking limit and I certainly do feel very strongly for the people down there. If they say they do have a problem I am not in disagreement, but we face a real serious problem - how are we going to enforce it? Are you going to get the people out of our Police Department? Mayor Chappell: That is a good question. Probably the Police Department would be the people....° Councilman Lloyd: I don't think our Police Department have enough people to enforce the ones we have now and,a 1 and 2 hour parking limit is a whale of a difference from a 20 minutes limit. Mayor Chappell: If I see a 20 minute parking zone I am not going to assume that no one is around and I won't park there if I am going to be there for an hour or two. So if someone does park there periodically for longer than 20 minutes, at least the average citizen driving there seeing a 20 minute parking zone is not going to park there if he expects to be there longer. Mr. Aiassa: There is only one problem with that. If a 20 minute zone is -placed there and directed by law - the owner of that place will make it a point to call us every 25 or 30 minutes with the license number of a car wanting this car removed. That is why staff is rather reluctant. We have a hard enough time of enforcing our 1 hour and 2 hour limits. We cover with our jeep at present and if this eventually gets into a lot of restricted parking this will require a special traffic motorized division and this will cost some money. Councilman Lloyd: Mr. Mayor - I am prepared to send it back and then take a good look at it and discuss it, but I am personally against putting up a sign for 20 minute parking. If we are.not able to enforce it and if we are prepared to enforce it that means we have to assign additional personnel and then the question comes up - where do you get the bodies and where do you get the money? Councilman Shearer: I will go along with sending it back. I would like to offer my feelings.on this. I assume it is a 1 hour parking limit now? Mr. Zimmerman: No, it is a 2 hour parking limit. One of the considerations of the Traffic Committee was that a change in the signing be done as rapidly as possible because we are really in the Christmas season now and we were prepared to change signs tomorrow according to whatever decision the Council makes. We would be glad to review the matter once more in regard to a 20 minute time limit if Council so desires© but we did want'to give the businessmen something as soon as possible. Councilman Shearer: A further thing but another. pretty well have to.know what you could actually hurt the businesses have been there I am sure I spent walked out of there and received a comment. The enforcement is one the practicality of shopping is If you put a 20 minute limit you are going for there. I think this rather than help. The few times I more time than 20 minutes and if I ticket I doubt very much that I would - 23 - REG. CITY COUNCIL - 11-23-70 CITY MANAGER - TRAFFIC COMMITTEE MINUTES Page Twenty-four 8 • go back. I think 1 hour is a reasonable limit for shopping. 20 minutes is more like a loading or unloading zone or a stop in front of a dry cleaning establishment, but not for parking in a shopping center. Councilman Nichols;': It is a good point. Mayor Chappell: Are we going to enforce the 1 hour limit any more -_% than we .enforced the 2 hour limit? Mr. Aiassa: We have a jeep and I believe Deputy Chief Meacham worked out a program whereby we can enforce the 1 hour limit. Councilman Nichols: One of the.problems we faced in the past in some parking areas is that of the merchants and their employees parking adjacent to their own businesses. I wonder Mr. Mayor if there has been any effort to convey that to those people in business in the area? How many workers are there in the Department of Social Ster.vic:s and where are they park- ing? Perhaps in referring this back to our own Traffic Committee these subsidiary issues could be looked at and maybe the answers would solve several things. Mr. Aiassa: This is one of the few parking lots that is also a public road and the City maintains and services it and the businesses do nothing. The back ends are deplorable - where they could maintain it and put their employees back there for parking and give more extensive use to the frontage. It is a tough situation and the .person leasing the property to the County was knowledgeable that this would create a traffic situation and all the merchants at that time wanted the spot filled, they didn't want the void, so in the process we end up with some difficult situations that we try to resolve. Councilman Nichols: Of course on the other hand Mr. City Manager/ we ourselves/by our own actions have tended to reduce some of the parking area in that general zone and so we do share an obligation and liability to maximize the parking spaces but we sure can't solve it tonight. Mr. Aiassa: Shall we reduce it to the 1 hour limit? Motion; -by Councilman Lloyd to -reduce the'.parking time to one hour, Seconded by Councilman Nichols., and carried. Councilman Nichols: Mr. Mayor, do you still want this item referred back but not if we can't police it? Mr. Aiassa: Let's try the one hour and see how it works. Motion by Councilman Nichols that the minutes of the Traffic Committee meeting of November 17, 1970, be approved and received as submitted except for the amendments in Item 4 reducing the time from 2 hours to 1 hour. Seconded by Councilman Lloyd, and carried. CONTRACT WITH Mr. Aiassa: This is a contract f'or.the FRANK SATA re City to receive some construction SAFETY TOWN money to create a Safety Town. We have been successful in developing this program with the cooperation of the Eastland merchants and our Police Department. This will be a specialized design because the equipment has to be taken up and dismantled and also provide some type of vehicle for transporting it to other areas. So I would like authoriza- tion from the Council to go into contract with Frank Sata to prepare the necessary requirements as outlined.in the staff report. The contract is written up but we need authorization from the Council to authorize the contract. - 24 - REG. CITY COUNCIL - 11-23-70 Page Twenty-five CITY MANAGER - FRANK SATA CONTRACT re SAFETY TOWN • Councilman Nichols: Mr. Mayor - it would seem to me that the City Manager should submit the agreement to Council that he has drafted for our approval. We cannot grant approval to a contract we haven't seen. We can authorize the City Manager to negotiate one but we can't approve what we don't have. Mr. Aiassa: I have to apologize - I thought my staff submitted Council copies. Motion by Councilman Nichols that Item 2 referring to Frank Sata contract pertaining to Safety Town be held over to our next regular Council meeting. Seconded by Councilman Young, and carried. Councilman Shearer: budget schedule" which I that but the fact if it so if it is not going to I would like to make a comment on the report. In the report it made reference in the fourth paragraph, it says "see attached itemized don't have. I am not complaining so much about says it is attached I spend time looking for it be attached please don't say it is. Mr. Aiassa: Mr. Shearer, I believe we -will have an Arab going back to Iran or somewhere because it was supposed to be attached. And I have one pro- blem, we are fighting a time schedule. We have 6 months to comply and complete the project otherwise we may not be eligible for these funds. Councilman Young: I would like to have the agreement submitted and be polled say next Monday or Tuesday. I think we are all in favor of it but would like to see what we are voting for. So I move that the previous motion be rescinded. Seconded by Councilman Nichols. Motion by Councilman Young that the City Manager be directed to provide each Councilman with copy of the proposed contract and further in sufficient time so that the Council might be polled Monday, November 30, as to its acceptance of the contract. Councilman Nichols: A legal point of order. Can we do that? Mr. Wakefield: There is no authority in the Council to act except as a body. We have from time to time utilized the polling procedure on those things which simply involve a policy determination for the City Manager or some other city officer to act; however in the approval of a contract I think it would be an inappropriate procedure. Councilman Shearer: Mr. Mayor, it seerts to me if we have 6 months at the rate architects charge they would eat up the $5,000 fee fast. I can't see where two weeks ..... Mr. Aiassa: The basic problem is we have to have some unique material and a special design for the fitting of these parts because we had a lot of trouble with the one at Eastland previously. This is one reason we want to use Frank Sata because he has developed these different type models and has had a lot of experience - Councilman Nichols: Perhaps we can resolve this tremendously overwhelming problem. Mr. Aiassa, do you have copies of the contract? Mr. Aiassa: Yes. (Passed out copies to Council.) - 25 - REG. CITY COUNCIL _ 11-23-70 Page Twenty-six CITY MANAGER -.FRANK SATA CONTRACT re SAFETY TOWN Motion by Councilman Nichols that this item be delayed until the last item on the agenda to give the Council an opportunity to review this contract. Seconded by Councilman Lloyd, and carried. Councilman Shearer: Councilman Lloyd: COUNCIL AUTHORIZATION FOR CITY MANAGER re TRIP TO SACRAMENTO Since we are confused, I will ask one more question. The report says we have until January 1, 1972 .... Mr. Mayor, it is not up for discussion, as a point of order, lets go on. Councilman Nichols: Mr. Mayor, does the City Manager request funding for his trip? Mr. Aiassa: Yes - this is going to be a city business trip. I am trying to arrange a meeting with a representative of the Civil Defense - they feel we should pay them back some $19,000 plus because there is a technicality in that someone in the position cannot hold an exempt position, and I am trying to develop the mechanics so the City does not lose its $19,000 plus and I believe I have the answer, but I have to do some person to person relationship. I don't think I will exceed $60.00 total if I stay over one night and I also have two or three other items I would like to cover at the same time. Motion by Councilman Nichols, seconded by Councilman Lloyd, authoriz- ing the City Manager to travel to Sacramento on city business with expenses not to exceed $75.00. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None PETITION re A.R.A. Mr. Aiassa: Council has a report and NON-COMPLIANCE Mrs. Mazelsky is in the audience; and Mr. Munsell will give the follow-up report. Mr. Munsell: The permits for construction pursuant to Precise Plan 535 for the remodeling of the building and the construction of the street improvements were taken out last week and inspection of the premises late this evening indicates construction is taking place on the build- ing itself and it would appear that action is being taken to continue the project as quickly as possible.' Motion by Councilman Young, seconded by Councilman Nichols, and carried, to receive and file. ABC APPLICATION Mr. Aiassa: We have a report on the application of M. C. Kincaid and R. O. Krueger for an ABC it license and it appears.that due to the time involved there is not sufficient time to make a full investigation and -report to Council, therefore you have a report signed by Chief Sill stating his feelings. If Council has no objections we will ask that you authorize the Chief to do as he has done before in such matters which is to file a procedure of protest do this application. Councilman Nichols: Mr. Mayor, occasionally it has come to pass that the Chief has requested that the Council delegate to him the Council authority to protest where a time element has entered in and therefore precedent having been established, I would move that the Council again delegate �T-IE REG. CITY COUNCIL - 11-23-70 Page Twenty-seven CITY MANAGER - ABC APPLICATION (Kincaid & Krueger) to the Chief of Police the authority to protest if in his judgment a protest is warranted. Councilman Young: I will second the motion, and ask if the City Attorney concurs? Mr. Wakefield: Yes, actually the ABC Control Act vests the authority in the Chief of Police. As a matter of procedure those matters come .to the Council and Council acts upon them. However, he does have statutory right to file such a protest. Councilman Shearer: How much weight do these protests carry? Mr. Aiassa: Considerable weight, especially if the Chief of Police has done his homework. The ABC is very concerned as to the activities of these various proprietors. Motion carried. UMARK WATER SYSTEM Mr. Aiassa: I have one item in the minutes AGREEMENT which left me a little perplexed, it was a final motion by Councilman Young that the City staff be authorized to extend its search for an agent to operate the system during the interim period to any political entity including the City of Covina and Rowland Area Water District and seconded by Councilman Shearer. In talking this over with the City Attorney it appears by this that I cannot get a commitment from Suburban unless I get a clarification from Council that it was not their intention to exclude anyone. Councilman Young: I recall making a motion expressly to meet the City Managers request on the basis that he was authorized to deal with any public agency - I mean with any private company but not a political entity. Mr. Aiassa: That is right,, but when we made_the motion we gave it to the political but left out the private. Motion by Councilman Young that the City Manager be authorized to deal with anybody, both private or public. Seconded by Councilman Shearer, and carried® Councilman Nichols voting "no". CITY CLERK KURT P. MILLER & City Clerk: We have a claim against the JOAN MILLER CLAIM City filed by the attorney for Kurt P Miller and Joan Miller. The recommendation of staff and the City Attorney is to deny and refer to the City°s insurance carrier. So moved by Councilman .Nichols, seconded by Councilman Young, and carried. CAMP FIRE GIRLS City. Clerk: The Camp Fire Girls request REQUEST permission to conduct annual candy sales, January 22 through February 8, 1971. This has been granted in prior years. Motion by Councilman Nichols, seconded by Councilman Shearer, and carried, that permission be granted. HENRY HUANG City Clerk: BUSINESS LICENSE If Council permits I have two others that I would like .to add on. (Permission granted) - 27 - I �JJ LJ • REG. CITY COUNCIL - 11-23-70 CITY CLERK - Henry Huang Bus. License Page Twenty-eight City Clerk: One is the Henry Wong business license application for a mail order business, It came on your October 19 meeting and it was referred to staff and staff investigation recommends approval for the following reasons: Applicant wishes to have a business mailing address for an` import-export business which is approved by the Planning Department as permitted ih an R-1 zone. The Police Department investi- gation has confirmed in conversation with the applicant that there will be no stock or inventory at the residential address and that the textile deliveries and apparel will be delivered directly to the buyer. The recommendation iS.that his application be approved. So moved by Councilman Nichols, seconded by Councilman Lloyd, and carried. MONTY HILLMER City Clerk: We have a claim from CLAIM Monty Hillmer, it involves a slight traffic accident. He was parked at the curb and one of our employees brushed him a bit. His estimated claim is $192. and the other $175. This should be denied and referred to the City's insurance carrier. So moved by Councilman Nichols, seconded by Councilman Lloyd, and carried. Councilman Young abstaining. (Councilman Young clarified his vote by stating "I don't know anything about this but Mr. Hillmer and his family are personal clients of mine so I would like the record to show that I have abstained from voting." ) CITY TREASURER'S REPORT October, 1970. Motion by Councilman Nichols, seconded by Councilman Shearer, and carried, to receive and file Treasurer's report for the month of October, 1970. MAYOR'S REPORTS PROCLAMATION: Mayor Chappell: If there are no objections MUSCULAR DYSTROPHY I will proclaim the month of December, 1970, as Muscular Dystrophy month, ( so proclaimed.) 350TH ANNIVERSARY Mayor Chappell: I also have a request to MAYFLOWER PACT._-, proclaim our Thanksgiving Week the 350th anniversary of the signing of the Mayflower pact which will be observed on Wednesday, November 1, which has already happened, but they would like to have the week of November 22 to 27, recognized. as a part of the rededication of thanksgiving and urging the citizens of West Covina to observe this week for the freedom we enjoy and we are asking the newspapers if they would like to pick up this proclamation. If there are no objections, I will so proclaim. (No objections.) COUNCIL COMMITTEE REPORTS Councilman Shearer: Three items. I am ferral to staff for the Hot Line increased a recommendation to be forthcoming. wondering what happened to our request and re - contribution - I would like Mr. Aiassa: At the December 14th meeting® Councilman Shearer: Fine. Also our emergency ordinance on pre- venting move -in houses. It was a 90 day period. Mr. Aiassa: This also is scheduled for December 14 th. - 28 - REG. CITY COUNCIL - 11-23-70 Page Twenty-nine COUNCIL COMMITTEE REPORTS Councilman Shearer: I notice we approve a great number of requests for. contributions and for selling candy, cookies, etc., from door to door. Is this an Ordinance requirement that in order for a charitable organization to sell an item they must have Council; approval? The reason I am asking is someone was through our neighborhood last week representing selling fruit cake for the Red Cross and I had never heard of the Red Cross doing such a thing and at least since my time on the Council, I don't recall giving permission to the Red Cross to sell anything. I am wondering if they are doing this illegally and what action should be taken. Mr. Aiassa: If you find someone doing it illegally call the Police Department and they will check it out immediately. They must have Council approval before soliciting. What you are really doing is acknowledging that they have permission to solicit for a worthy cause. Councilman Shearer: What sort of penalty would there be if someone represented themselves as being from the Red Cross and they were not? Mr. Wakefield: Councilman Shearer, the fact that an individual. City Attorney was soliciting without a permit of the City would place that individual in violation of our City Ordinance which would be a misdemeanor© The misrepresentation to the effect that the individual represented the Red Cross and did not, could be punishable, it seems to me, either as a felony or a mis- demeanor, depending on the circumstances on which it was made. That is if it is in fact a false representation for the purpose of defrauding an individual it could be a felony. Councilman Shearer: Thank you. Councilman Lloyd: Mr. Mayor, I have a couple of items. I have some question in my mind regarding the Personnel Board with regards to policy and I think at sometime in the not too distant future it would be well for this body to meet jointly with the Personnel Board. I don't believe this requires a formal request. They really do want some policy guidelines. Mayor Chappell: Mr. Aiassa, will you arrange with your staff to set this up. In fact it is about time for the Council to meet with all the Commissions. Mr. Aiassa: This is normally set up right after the first of the year. Mayor Chappell: Fine. We will look to a meeting with our Commissions and Board. Councilman Lloyd: I have a request,from a gentleman by the name of Phil Asherbrai�- - who has a theory, I guess, or`a7 ystem whereby he proposes to reduce smog it the L.A. basin by 20% virtually overnight. He hopes to do this by encouraging the establishment of a free lane or by re- stricting a lane to the use of cars with more than one occupant. He states that over 80% of the _cars _on.th.e freeway today have just one occupant. He has a letter from the -Governor and I quote: "I would support such a plan if there was evidence that the people of California would accept it." I would ask staff to review it and send copies to the Council and if Council desires we might draw up a resolution in support of the item. It is not unrealistic really. It is only un- realistic because it is unenforceable, but that doesn't mean that what the man is doing is wrong, it just means that it is regrettable that in our society we really can't get people to use their heads in a very difficult situation. I think it might merit consideration on our - 29 - REG. CITY COUNCIL - 11-23-70 Page Thirty COUNCIL COMMITTEE REPORTS part and with your permission I will refer it to staff. I also note that the City of Covina has can- celled our meeting. I am a little concerned because we have, as I recall, allocated $55,000 for a joint participation in helicopter programs and as I recall and I have reviewed the budget of the City of Covina, they have allocated nothing. However, when we had the last joint meeting they indicated strong desire for some mutual participation in the use of the helicopter as suggested in the heli- copter report. So I feel there should be some communication and apparently we are not going to communicate by.getting together, so perhaps we can do it by writing. I would really like to know what their intentions are. We have put up money and shown evidence of good faith and I don't think it comes as any surprise to most of you that I am favorably disposed towards the use of helicopters for police, fire, public administrative work in the City. I think it could soon prove its worth. I did indeed review the helicopter report which we haven't talked about because we were going to discuss it jointly with the City of Covina Council and obviously we are not discussing anything with the Covina Council until they decide to do so, which of course is their decision and I have no objection. I also think we should leave the door open for possible joint dis- cussion, but I think we should review the program on our own and if the Council is amenable to this and it may turn out that the re- port - which I think has errors in it and I am willing to discuss those errors and my attitude, which also may be in error, but I think there is a very strong possibility that my stand on this may be correct and may in the long run prove of benefit in the areas of administrative efficacy, if you will, and as such I think we ought to at least look at it. I think we have a good report, submitted by both Police Departments - West Covina and Covina and I think at this time we are going to have to go forward on our own and I would ask for comments from the Council. Mayor Chappell: I think on the cancellation of the meeting and they have cancelled twice, but to my knowledge both timeSshortly after their City Manager went to the hospital with his ulcer problem. I talked to Mayor Haven just last Friday to see if there was any possibility that this meeting could still be held but I.understand their City Manager's health is not well enough and as soon as it is they will be meeting with use I have no objections to writing to them on this and trying to find out how they stand on this item since we are not going to meet with them before the first of the year. Councilman Nichols: My own feeling is that in the act of not budgeting funds at all pretty well speaks for itself and I think a letter asking them their intention will serve one purpose and that is to get their attitude in writing. If you would like to achieve that I certainly would go along with the suggestion of writing a letter over the Mayor°.s signature asking if the Covina City Council is prepared to make a policy state- ment on their attitude,of the proposed joint helicopter service. 0 Councilman Lloyd: posed towards this? Councilman Nichols: degree of enthusiasm on where near comparable to the City Council on some a study session on this come to gripgs with all join with you in pushing Could I interrupt - you were at the meeting we had 7.Ydo you feel that in general in their statements they were at least favorably dis- I never felt that the.Covina City Council were doing much more than responding with courteous affirmation; I never detected any their part for the program that would be any - your own. I think the answer really is for appropriate date to set aside an evening for subject matter and for us, as a Council, to the implications of this proposal and either for it or indicate to you your position does 30 - REG. CITY COUNCIL - 11-23-70 Page Thirty-one COUNCIL COMMITTEE REPORTS- - Cont°do not carry sufficient support to warrant your continued advocacy at this time. Councilman Young: I would concur with Councilman Nichols on this subject. I am willing to view this from the standpoint of discussion. I have it read the report put together by the Police Departments. I think it is absolutely unrealistic to think about West Covina going it alone on a helicopter patrol program. It would represent probably half of our Police budget or close to it unless the figures are grossly in error that are presented in the report, and I don't think we can ever justify it. A machine with that much feasibility for an area no greater than West Covina and no better tax base than we have now to support it - well if we are going to have it I think it is going to be a joint thing with several communities and I don't think this is the time to get into a discussion on it. -These are just thoughts that enter my mind in looking at the report we have in our possession. I would like to go into it in depth but not here and now. Mayor Chappell: At least we are getting some feelings here on this subject. Councilman Lloyd: I think perhaps a suggestion that the City Managerwork out some sort of scheduling in the next 90 days would be acceptable and I don't think we need a motion on that. I do appreciate it if the Council sees fit and I will not make a motion on it because I think there is. certain sensitivity to the area, a certain Jim Lloyd as Councilman for the City of West Covina making these wonderful pro- posals, whether it be the merger or helicopter or these joint ventures or cooperative ventures - and I really do get the feeling that I hang up my own city in those sort of things, but I still think I am right but it doesn't make any difference whether you are right. Councilman Nichols: One could understand why the merger proposal could never get off the ground, but not the helicopter, - Councilman Young: I think all of you received in your mail a letter from the City of Temple City'regarding the League of California Cities meeting which I attended as the alternate delegate from the City of West Covina, and joined in a "no" vote as to the acceptance of the report and recommendation, which I had never read and I have a policy of going against things I have never seen. I didn't even know it existed. Terry Brandt and I went down to that meeting and there was a wide diversity of opinions You have a copy of the resolution being offered, I believe, and perhaps it would be worthy of an agenda item at our next meeting. Essentially the report establishes the establishment of kind of a secret movement and is viewed by some, as an unwarranted approach. on Home Rule and viewed by most, if passed as recommended�.it -becomes a force somewhere without many people being aware of and this resolution being opposed by the City of Temple City simply requests that the prior action essentially be rescinded and all of the member cities be given a chance to study the report and then be restored as an action item at the January meeting of the League. I think it is rather a strong policy decision the League took. Ordinarily I am aware that something is coming up and the Mayor ordinarily discusses it with the Council and we get the Council°s opinion. I am prepared to offer a motion that we adopt a resolution similar to this put out by the City of Temple City at this time or the alternative be that it be put on our next regular Council meeting agenda. Councilman Nichols: I think it would be good to bring - 31 - CITY COUNCIL - 11-23-70 Page Thirty-two COUNCIL COMMITTEE REPORTS - Cont°do it back on our next agenda. Mr. Aiassa: Yes and in the meantime the City Attorney can review it and give us a report. L.A. HEART ASSOCIATION Mayor Chappell: We are requested by the REQUEST Los Angeles Heart Association to allow them to solicit funds during the month of February and also for the waiver of the usual business license fee. Motion by Councilman Nichols, seconded by Councilman Young, and carried, granting permission as requested and as done in pr or'years. SAFETY TOWN Mayor Chappell: We will now go back to Item I of the City Manager°s agenda, Safety Town project. Councilman Young: Mr. Mayor, apparently this is a contract that has yet to be negotiated. The outlines of the contract are here but the specifics are not. I move that the City Manager be authorized to negotiate the specific terms of the contract with respect to the time of completion of services, compensation, and any other uncompleted matters in the contract. Seconded by Councilman Nichols. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, that demands totalling $472,264.62 as listed on demand sheets B468 and C728 - 740 be approved. This total includes payroll and fund transfers. Motion carried on roll call vote as follows. - AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor.Chappell NOES: None ABSENT: None Councilman Lloyd: Mr. Mayor a question of Mr© Aiassa. I believe we were submitted -a report this evening - what were,,:your intentions on that - Mr. Aiassa? Mr. Aiassa: That is a strictly confidential --report, it is only for Council distribution, it is not for public record. I would like to talk to each individual Councilman on the items covered. Councilman Lloyd: Would you define for me just what you intend when you give us this kind of a report? What do you intend shall be the security of the. document, the discussion, etc. Mr. Aiassa: I would say my intention when I give something to Council marked "confidentialA1 it is only for Council°s personal use and the administrative staff, and if they find things not in keeping or doubtful, that they refer their comments back to the City Manager. Some of this material is of a confidential nature and you can debate it either way you like and I would prefer to keep it restricted to the Council. Mayor Chappell: So when we see something "confidential" and the next day we are bitten in the ear by a citizen in the community we should come back and point it out to you - rnrrAot? - 32 - • t REG. CITY COUNCIL - 11-23-70 Page Thirty-three Mr. Aiassa: I would suggest you do that because if you turn anything loose that is in confidence and has not been substantiated then we are open to a lot of criticism. Councilman Lloyd: That is an area I would like to have a Personnel session on. I don't fully under- stand all of this. Councilman Young: Would that be legal, Mr. Wakefield? Mr. Wakefield: Mr. Mayor and Council, I have not seen the City Attorney report and I don't know what is in it. Councilman Lloyd: I am discussing the overall classification of confidential matters - how they shall be treated and what the relationship shall be between staff and Council. Mr. Wakefield: If it relates to the employment or the dis- missal or reprimand charges against a city employee then a personnel session would be authorized, otherwise it would not be. Councilman Lloyd: Well then let's have an open hearing on it. Mayor Chappell: Now? Councilman Lloyd: No. Councilman Young: I am willing to defer the open hearing, but I think these reports may contain matters that we are simply going to have to discuss as a Council for the purpose of setting the record straight as to what has happened, why it has happened and what we might anticipate in the future. Mr. Aiassa: That is the reason why I made it confidential; some of the items are listed as personal opinions. Councilman Young: They are listed as facts and the City Council is the chief offender and it is marked confidential, .but these confidential things. have a way of getting all around and I think that is what the Mayor means when he mentions being "bit in the ear". Councilman Nichols: Mr. Mayor, I am perfectly willing to defer any further comments on my part, at least until the next regular Council meeting, and I for one intend fully to go over this report in detail with the City Manager and at the time of the next Council meeting if I think it is desirable to do so after discussing with the City Manager, I will bring the subject matter back upland my own comments in no fashion are calculated to influence the approach takeh.-:by'.:any of::.the'.Councilmen here to the report as it affects them personally. ADJOURNMENT (Council agreed.) Motion by Councilman Lloyd, seconded by Councilman Young, and carried, adjourning meet- ing at 10:37 P.M. APPROVED: MAYOR ATTEST: CITY CLERK - 33 -