10-12-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
OCTOBER 12, 19710
The regular meeting of the City Council was called to order at 7:32 PoMo
by Mayor Ken Chappell in the West Covina Council Chambers. The Pledge
of Allegiance was given; and Mr. Herman R. Fast, Assistant City Manager,
gave the invocation.
ROLL CALL
Present: Mayor Chappell; Councilmen Shearer, Nichols,
Young, Lloyd
Others Present: George Aiassa, City .Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
Herman R. Fast, Ass°to City Manager
Richard Munsell, Planning Director
George Zimmerman, City Engineer
Leonard Eliot, Controller
John Lippitt, Ass°t. City Engineer
Ross .Nammar, Administrative Assistant
APPROVAL OF MINUTES
September 13, 1971 Motion by Councilman Lloyd, seconded by Council-
man Young and carried, to approve minutes as
submitted.
September 22, 1971 Motion by Councilman Lloyd, seconded by Council-
man Young and carried, to approve minutes as
submitted.
CONSENT CALENDAR
Mayor Chappell explained the procedure of the Consent Calendar and
inquired if there was anyone present that wished to speak on any
items of the Consent Calendar. No one indicated any desire to speak on
the following items:
Councilman Nichols: Mr. Mayor„ a question which kind of backdates
the agenda. Did we act on both the minutes of
September 13th and September 22nd?
Mayor Chappell: Yes we did.
Councilman Nichols: May I go back, to the minutes of September 22nd
and request that the minutes be amended to
read that Councilman Nichols was present and
arrived late rather than absent?
Mayor Chappell: Will the secretar make that correction, .Pease?
Thank you, Councilman Nichols.
1. COMMUNICATIONS
a) United Methodist Church of West Covina request for permission
for youth members to collect for UNICEF on Halloween,
Saturday and Sunday, October 30 and 31, 1971. (Staff recommends
approval)
b) Community Presbyterian Church request for permission for three
of Sunday School classes to "trick or treat" for UNICEF on
Saturday, October 30th between 5 and 7 P.M. (Staff recommends
approval)
1
CITY COUNCIL - 10/12/71.
CONSENT CALENDAR m Cont°do
Page Two
2. PLANNING COMMISSION SUMMARY OF ACTION - October 6, 1971. (Receive
and file)
3. RECREATION AND .PARKS COMMISSION SUMMARY OF ACTION - September 28,
1971. (Receive and file)
4. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS
a) PRECISE .PLAN NO. 298, REV. 1 - WEST COVINA CHURCH OF CHRIST
Location-. West side of Lark .Ellen .Avenue, north of Puente Avenue.
Accept street .improvements and authorize release of Cash Deposit
in the amount of $400. (Staff recommends acceptance and release
of deposit)
b) PRECISE PLAN .NO. 552 - STRAUSS CONSTRUCTION CO., INC. (GOODY.EAR_
TIRE.) Location-. Northeast corner of West Covina Parkway and
Sunset Avenue. Accept street improvements and authorize .release
of The Aetna Casualty & Surety Company :Bond No. 33S 69594 in the
amount of $2900. (Staff .recommends acceptance and release of bond)
c) PRECISE PLAN NO. 584 - MAYER CONSTRUCTION COo INC.„ (Apartments)
Location. Northwest corner of Barranca Street and Virginia Avenue.
Accept street and sewer improvements and authorize release of The
Ohio Casualty Insurance Company Bond No. 1514--•108-8 in the amount
of $14,000. (Staff recommends acceptance and release of bond)
d) PREECISE PLAN NO. 598 c L. E. KARGER COMPANY (SOCIAL SECURITY OFFICE)
Location-. North side of Christopher Street, west of Glendora Avenue.
Accept street improvements and authorize release of American.
Fidelity Fire Insurance Company Bond No. 04-306-870940 .in the amount
of $2,600. (Staff recommends acceptance and release of bond)
e) PRECISE PLAN NO, 536 m .HIGHT CONSTRUCTION CO. OF LOS ANG.ELES
-- �(COLUMBIA SAVINGS & LOAN)
Locations West side of Barranca Street, .south of Workman Avenue.
Accept street and sewer :improvements and authorize release of
Pacific Indemnity Company Bond in the amount of $5,240. (Staff
recommends acceptance and release of bond.)
f) UNCLASSIFIED USE PERMIT ,NO. 155 - HOWARD STEWART &. DEMONT SP.RAGUE
(BUMP CARS)
Location-. West side of Azusa Avenue, north of Rowland Avenue.
Accept street improvements and authorize release of American
Fire Insurance Co., bond in the amount of 8400. (Staff recommends
acceptance and release of tondo)
g) PRECISE PLAN NO. 554 " FOODMAKER8 INC_, (JACK-IN-THE-BOX)
Location., East side of Azusa .Aven.ue, 600 feet south of Ama.r .Road,
Accept street improvements and authorize release of Planet
Insurance Company bond in the amount of $800. (Staff recommends
acceptance and release of bond)
h) PROJECT NO. M.Pa6.520 d CONSOLIDATED STEEL BUILDING COMPANY W
(Fire Station No. 6)
Location-. Azusa Avenue and .Maplegrove Street.
Accept construction of apparatus building and authorize release
o.f Ohio Casualty Insurance Company bond No. 1-549-108 in the amount
of $5, 313. (Staff" recommends acceptance and release of bond)
i) PRECISE PLAN NO. 585 - J. A. D.EUTSCH &. COMPANY (OFFICE BUILDING)
Location-. 354 North Azusa Avenue,
Accept street improvements and authorize release of United Pacific
Insurance Company Bond. No. 609010 in the amount of $550. (Staff
recommends acceptance and release of bond)
j) M.ARVIN E. KALIN m (DEVELOPMENT IN COUNTY SEWER IN CITY STREET)
Location-. 17431 East Francisquito Avenue
Accept sewer improvement and authorize .release of St. Paul Fire
& Marine Insurance Company Bond No. CN 6520 in the amount of
$1,100. (Staff recommends acceptance and release of bond)
2 -
CITY COUNCIL 10/12/71 Page Three
CONSENT CALENDAR. - Cont °d
k) PROJECT NO. SD-70005 VIDO SAMARZICH CO. (STORM. DRAIN)
Location-. Vali.nda Avenue Storm Drain from intersection of
Service and Vali.nda Avenues northerly 630 feet and the inter-
section of Service and Valind.a Avenues.
Accept storm drain improvements and authorize release of
Hawaiian Insurance & Guaranty Company, Ltd,, Bond No. F5908 in
the amount of $29,167o45 (Staff recommends acceptance and
release)
1) PROJECT NO. 69018-9 SUPERIOR SPRINKLER CO. _(GA_LS_TER PARK)
Location. Galster Park Picnic Area irrigation.
Accept irrigation improvements and authorize release of United
Pacific Insurance Company Bond No. B632783 in the amount of
$13,220. (Staff recommends acceptance and release)
m) TRACT NO. 29010 - BRAEMA.R HOMES„ INCH m (VALINDA HILLS SALES OFFICE)
Location: Northwest corner of Amar Road and Lark Ellen Avenue.
Removal of sewer facility serving Valinda Hill Sales Office (County
Area). Authorize release of General Insurance Company of America
Bond No. 840201 in the amount of $1,000. (Staff recommends release)
5o ABC APPLICATIONS z Chief of Police recommends NO PROTEST.
a) Frank & Mildred M. Addamo ) dba ANTONIO°S IT,ALIAN MARKET
Louis D. & Joseph M. Mauriel.lo ) 322 So Glendora Avenue
West Covina
Motion by Councilman Shearer„ seconded by Councilman Lloyd, that Items 1
through 5 of the Consent Calendar be approved. Motion carried on roll
call vote as follows. -
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
6... RESOLUTIONS .FOR ADOPTION
TRANSFER OF STORM DRAIN TO LOS ,ANG,ELES COUNTY FLOOD CONTROL .DISTRICT
MISCELLAENOUS TRANSFER DRAIN 349 PROJECT NO. SD-70005
RESOLUTION NO, 4456 The City Attorney presented.,
ADOPTED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA,
CALIFORNIA, REQUESTING THE .BOARD
OF SUPERVISORS OF THE LOS ANG.ELES COUNTY FLOOD CONTROL DISTRICT OF THE
STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER
AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM DRAIN
NO. MTD 349, IN THE CITY OF WEST @OVINA FOR, FUTURE OPERATION, MAINTEN-
ANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND
CONVEYANCE THEREOF."
IRREVOCABLE OFFERS OF DEDICATION - ,DONALD L� BREN COMPANY - UM.ARK, INC.
RESOLUTION :NO. 4457 The City Attorney presented:
ADOPTED 00A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
ACCEPTING THE DEDICATION OF
CERTAIN LAND FOR. PUBLIC STREET .AND HIGHWAY PURPOSES AND DIRECTING THE
RECORDATION THEREOF. (Donald L. Bren Company)
RESOLUTION NO. 4458 "A RESOLUTION OF THE CITY COUNCIL
ADOPTED OF THE CITY OF WEST COVINA
ACCEPTING THE DEDICATION OF CERTAIN
LAND FOR PUBLIC STREET AND HIGHWAY PURPOSES AND DIRECTING THE .RECORDA-
TION THEREOF. (Umark, Inc.)
YOUTH ADVISORY COMMISSION APPOINTMENTS
RESOLUTION, NO. 4459 The City Attorney presented:
ADOPTED VIA RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
3
11
CITY COUNCIL 10/12/71
RESOLUTIONS FOR ADOPTION m Cont°do
RESOLUTION NO. 4460
ADOPTED
RESOLUTION NO. 4461
ADOPTED
RESOLUTION NO. 4462
ADOPTED
RESOLUTION NO. 4463
ADOPTED
Page .Four
APPOINTING MART.HA LEWIS TO THE
YOUTH ADVISORY COMMISSION.
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPOINTING KENNETH STOKES TO THE
YOUTH ADVISORY COMMISSION.
"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPOINTING KEITH WEBER TO THE
YOUTH ADVISORY COMMISSION."
B°A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPOINTING SHEREE WILSON TO THE
YOUTH ADVISORY COMMISSION."
°"A .RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA
APPOINTING SUSAN WOODWARD TO THE
YOUTH ADVISORY COMMISSION."
Motion by Councilman Lloyd, seconded by Councilman Young, to waive
further reading of the body of said Resolutions. -Motion carried on .roll
call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES. None
ABSENT: None
Motion by Councilman Lloyd, seconded by Councilman Young, to adopt said.
Resolutions. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
7. YOUTH ADVISORY COMMISSION - ADMINISTRATION? OF OATHS OF OFFICE
Mrs. Preston, City Clerk, called out the names of the members of the
Youth Advisory Commission, requesting them to step forward and be
sworn in. The City Clerk administered the Oath-s-of Office to Martha Lewis,
Kenneth Stokes, Keith Weber, Sheree Wilson and Susan Woodward.
Mayor Chappell: While the Youth .Advisory Commission appointees
are signing in,I would like to tell the
audience this group was pricked from a large
number of candidates in our City. We are looking forward to better
communications with the youth of our community through this Youth
Advisory Commission, and I commend them for accepting the appointments
and T am looking forward to attending their first meeting later this
month, probably in about two weeks. Along with the appointments to the
Youth Advisory Commission we have picked three alternates. (Asked that
they stand if in the audience. Lisa. Lacey present) We do -thank you all, for
attending tonight .a:nd a.c.ceptilmg these appointments.
GENERAL AGENDA ITEMS
AWARD OF BIDS��
BID NOS 72-03 - FIRE APPARATUS
Bids received in the Office of the Purchasing Agent up to 10:00 A.M.
Wednesday, August 25, 1971, and thereafter publicly opened and read.
Held over from September 13th and October 4th to this date.
Mr. Aiassa: We had a staff meeting and also met with the
representative from the Pa E. Van Pelt Company,
the low bidder, and after reviewing the standard
specifications and also comparing with other cities we found that the
CITY COUNCIL 10/12/71 Page Five
AWARD OF BIDS: BID NO. 72-03
bid was in good form and a fair bid, The City of Los Angeles purchased
several units recently with slight modifications from ours and with a
difference of $2,000 in price, which was due to the modifications, so
it appears to be justified, I need authorization from Council for the
acceptance of the low bid of Po E. Van Pelt in the amount of $39,993,
plus tax, and with one stipulation on Page 10 specifying treatment to
• the water tank, and I added the word in the specifications and
Mr. Lawrence accepted the alternate, that it can be either "hot
galvanized" or BBvitumast.ic".
So moved by Councilman Lloyd, seconded by
Councilman Young.
Councilman Shearer: Wasn't there a question last week about the
amount budgeted - weren't we somewhat under the
amount budgeted?
Mr. Eliot: Yes, there was $50,000 budgeted and the truck
Controller is now being purchased without the
auxiliary equipment, hoses, -"etc., which will
have to be added on to it. The hoses are being bid out as a separate
item.
Councilman Young: That will come in later, so we can't really say
we are saving the City a lot of money.
Mr. Aiassa-. The truck will cost $39,993, the sales tax is
$1,999.65 making a total cost of $41,992065
and the three sets of hoses and probably some
fittings will take the rest.
Motion carried on roll call vote as follows. -
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
BID NO. 72-10 PORTABLE FREQUENCY METER -SIGNAL GENERATOR -MODULATION METER.
Bids received in the Office of the Purchasing Agent up to 10.00 A.M.,
Wednesday, September 29, 1971, and thereafter publicly opened and
read. Held over from October 4, 1971.
Mr. Aiassa: Mr Mayor, I would like to have Council approve
this bid subject to the approval of the City
'Attorney and the City Manager and that the bid
go to the Ross Communication / Singer. Instrumentation for the price of
$3,971.93.
So moved by Councilman Lloyd, seconded by
Councilman Shearer,
Councilman Lloyd: Mr. Mayor, a question. What are we holding
this beer for?
Mr. Aiassa: We are actually tied in with other cities and
I wanted to be sure everything was right,
Councilman Lloyd: Why does this have to be approved 'subject to
your approval and the City Attorney°s approval
are we in some shaky area, Mr. Aiassa?
Mr. Aiassa: No. Normally he will approve the specs prior
to bidding, but in this instance there are a
few points that have to be communicated
directly with these people and I want to talk to the City Attorney with
regard to the leeway we have if there are any changes .in the specs.
5
CITY COUNCIL 10/ 12/71 Page Six
AWARD OF BIDS*. BID NO. 72-10
Councilman Young: Following through on Councilman Lloyd's question,
is it one of changing specifications to the point
that we might raise some legal questions with regard
to the rights of other bidders to come in and rebid?
Mr. Aiassa: No, not at all. This is the low bid and it has
been reviewed as to the specs and my only con-
cern is that we have agreements with other
cities and I am also concerned about the equipment.
Councilman Young: What is this gadget for?
Mr. Aiassa: It is a meter testing equipment and under our
contract with other cities, this man will be
going around making tests.
Councilman Lloyd: I will try and explain it. It is three
electronic devices in one. It is a frequency
meter used to check frequency to be sure they
are on the frequency; it is a signal generator and when turned on you
can turn your equipment to the signal to check out your stuff,
It will also check the modulation of your equipment.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
CITY ATTORNEY
AUTHORIZE SUB -AGREEMENT Mr. Wakefield: The first item .is a prom
WITH LOS ANGELES COUNTY posed agreement between
RE EMERGENCY EMPLOYMENT the County of Los Angeles
ACT and the City of West Covina,
for the Emergency Employment
Programolnsof ar as the City of West Covina is concerned the Emergency
Employment Act of 1971 designates the County as the administrative
agency for cities the size of West Covina and smaller and as a conse-
quence the County is delegating its responsibility to the administration
of the program tofthe City of West Covina. The proposed contract simply
carries out that delegation and provides that the funds agreed upon by
the City and the County will be allocated to the City monthly in advance
to meet its payroll obligations and the City will otherwise comply with
the rules set forth for the employment of persons in the numbers
designated in the City°s application to the County.
Motion by Councilman Young that the City Manager and the Mayor be
authorized to execute the agreement between the Los Angeles County and
the City of West Covina and that staff be authorized to initiate
recruiting procedures for the testing of the employment of the public
employees. Seconded by Councilman Lloyd.
Councilman Shearer*. I have a question. What is the status
employment of these prospective employees
will they have the same appeal rights, etc.,
as the other employees?
., Mr. Fast: Yes, Mr. Mayor and members of Council, it is
the intention of staff and the interpretation
of the City Attorney with .regard to the guidelines that in the recruit-
ment of this program the rights and privileges of the employee follows
as closely as possible that of a regular city recruited employee. The
only difference is whdre under the recruitment process there might be
a conflict between the Civil. Service guidelines versus the City°s
Personnel Rules and Regulations. At this time we do not see any conflict
that is significantly different, therefore they would have fringe
benefits identical to the City's, they would accrue rights identical to
® 6
CITY COUNCIL 10/1.2/71 Page Seven
CITY ATTORNEY: Emergency Employment Act
the City°s and they will be on probation for one year and this period
carries on beyond the next budget period that Council must consider.
There will be certain evidence given to these employees as they come in
relative to the fact they are coming in under the .Emergency Employment
Program and this revelation will carry with it the admonition with regard
to further funding of the program and that their status will be as
probationary employees of the City of West Covina.
Mr. Wakefield: The only substantial regulation that is
involved insofar as the individual people
that may be employed is the requirement
that the individual recruited and hired under the program must be
unemployed for a period of 30 days or more. So it is designed to reach
those people who are currently unemployed or under employed.
Councilman Shearer: Does that mean actually unemployed or
unemployed from his previous job of say
he was a fireman and was temporarily working
as a trashman m does that make him eligible to fill the job of fireman
or is he considered an employed individual?
Mr. Wakefield: This law refers to unemployed individuals
and under employed individuals. If the
individual is actually employed but in a'.
capacity or job that is different from his regular employment and if
he were out of work as a fireman for a period of 30 days or longer
then he would be eligible to participate for the fireman position.
Councilman Shearer: We have attached a, list of the 22 positions,
is that fixed as far as the Federal Program
is concerned, or do we have flexibility
and if so, who, the Council or the City Manager?
Mr. Aiassa: I believe our application specifies the
positions we can fill as the 22 are outlined.
Councilman Shearer: If we can't find one fireman that is out of
work could we add a Maintenance Man?
Mr® Aiassa: No we would have to reapply and they would
have to reevaluate the application.
Mr. Wakefield., Of course, the positions allocated to the
City are those which were specified in the
City°s original application to the County
and the funding has been provided on the basis of those positions
and the salary rates currently in effect so far as the City is con-
cerned. The City Councill will have to adopt the resolution which
increases the authorized dppoint.ments for the Departments to permit the
employment of the additional individuals specified on that list.
If the City cannot recruit an individual in any class then it would
have to go back,as Mr. Aiassa indicated, to the County and get approval
to add or substract positions.
Motion carried.
ROCKVIEW DAIRIES, INC., Mr. Wakefield. This is a report I preen
vs CITY OF WEST COVINA pared concerning the
pending litigation with
Rockview Dairies over
the use of unauthorized signs at the drive-in dairy operated at 551
East Vine Avenue. I think the report speaks for itself. There are
two criminal complaints which have been filed against Rockview
Dairies by the District Attorney upon the request of the City. In
the first complaint the Dairy was charged with maintaining so called
A -Board signs on the property in violation of the City°s Sign Ordinance.
One of the Municipal Court Judges decided that particular provision in
the City°s Ordinance as it applied to the neighborhood commercial
m 7
CITY COUNCIL 10/12/71 Page Eight
CITY ATTORNEY: Rockview Dairies, Inc.,
zone was unconstitutional because the Ordinance permitted service
stations to have not to exceed 2 A -Board Signs. It was my feeling at
that time the Judge's decision was wrong and in consultation with the
District Attorney°s office I recommended to them that the case be
appealed. That appeal is now pending in the Appellate Department of
the Superior Court. Thereafter the operator of the Dairy drive-in was
notified he was also in violation of the City°s sign ordinance in other
respects also exposed trash containers on the property, egg cartons
stored out in the open for public display and sale. The operator was
requested to comply with the other provisions of the City°s ordinances
which he refused to do and subsequently a second criminal complaint was
filed. After the second complaint was filed the Attorney for Rockview
Dairies applied to the court for a restraining order against the City
to withhold further complaints until there could be a hearing to show
cause and at that time the Court did issue its preliminary injunction
against the City prohibiting the City from proceeding further in the
filing of criminal complaints for the use of A -Board signs and
permitted the Dairy to have not more than two A -Boards on the property
until the appeal from the first criminal action had been resolved and
the validity of the portion of the City°s ordinance was established.
The second complaint was continued and the hearing is set for
October 19th at Citrus Municipal Court. I have suggested to the
Attorney for Rockview Dairies that if the dealer is willing now to
comply with all the rest of the provisions of the City°s ordinances
applicable to its operation I would recommend to the City Council
and the District Attorney that the second pending complaint be
dismissed. However, as of this afternoon the enforcement staff of the
City checked the property and there were still four A -Boards on the
property, the milk cases were out in the open and the egg cartons
and trash containers still outdoors and exposed to view and a fresh
paper sign tacked up to the store building itself. I bring this
report to you for your information and for your authority to proceed
with the civil litigation if that becomes necessary and to continue
to represent the City in it. If you also approve of the
recommendation to dismiss the criminal charges for compliance with
the Ordinances,. I will --be. glad to make that
recommendation to the District Attorney also.
Motion by Councilman Young that the actions of the City Attorney and
his recommendations as given this evening be ratified by the City
Council. Seconded by Councilman Lloyd.
Councilman -Young: The only discussion is that we are surely in a can
of worms over a few A -board signs and I hate to
see the Dairy operator become a criminal, so to
speak over this and it happens to be across the street from my church
and so I see it frequently and it happens not to be particularly
offensive but it is against our ordinances and therefore must either
be enforced or the ordinances changed.
Councilman Shearer: I would like to point out to Councilman
Young a with all due respect m if the
owner becomes a criminal'it will not•be
because of the Ordinances of the City Council of the City of West
Covina but through his action alone.
Councilman Young: Yes, but I am a defense attorney,
Councilman Shearer.
Councilman Shearer: I won't say anything further - the
prosecution rests.
Motion carried°
CITY COUNCIL 10/12/71 Page Nine
CITY ATTORNEY - Cont°do
COMMUNITY REDEVELOPMENT Mr. Wakefield: Mr. Mayor and members of
AGENCY the City Council, there
was a misunderstanding
with reference to a Resolution as to whether it needed to be adopted
by the City Council or the Community Redevelopment Agency. It is a
• resolution for adoption by the City Council -and therefore there will
be no need to recess and reconvene as the West Covina Community
Development Agency. I am ready to take up the resolution now, Mr.
Mayor, if Council is ready. (Council agreed)
The Council will recall last Monday night
the Council adopted a resolution establishing the survey area for the
Redevelopment Program in the Central Business District. The matter
was referred to the Planning Commission and they selected a Project
Area within the Survey Area and adopted a Preliminary Plan for the
redevelopment of the Central Business District. It is now in order
for the City Council to approve the action of the Planning
Commission and to direct the Redevelopment Agency to prepare the
Redevelopment Plan for the area. When that plan is developed it
willrequire hearings before the City Council before the plan is
finally adopted. When it is prepared and approved by the Redevelopment
Agency it will come back to the City Council for Public Hearing and
public discussion before final action is taken. Following is the
resolution approving the action of the Planning Commission:
RESOLUTION NO. 4464 "A RESOLUTION'OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, APPROVING THE
BOUNDARIES OF THE WEST COVINA CENTRAL
BUSINESS DISTRICT REDEVELOPMENT -PROJECT AREA AS ESTABLISHED BY THE
PLANNING COMMISSION, AND APPROVING THE PRELIMINARY PLAN FOR THE
REDEVELOPMENT THEREOF. "°
Motion by Councilman Lloyd, seconded by Councilman Young, to waive
further reading of the body of said resolution. Motion carried on
roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Motion by Councilman Shearer, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT,. None
Councilman Shearer: A question of the City Attorney just.to
clarify m even though we don't have to
have the meeting for this matter is it not necessary to open the
meeting because we did adjourn to this date?
Mr® Wakefield: No if no meeting is actually held we just
go over to the nekt regular meeting of the
redevelopment agency.
Mr. Aiassa: Mr. Mayor, I would like to advise Council
that you will receive a separate agenda
for the Community Redevelopment Agency with
a different color from the Council agenda- So it will be readily
identified and not confused with the Council agenda.
ORAL COMMUNICATIONS
Edward Zdz iebkowski
21.07 Wo Rexwood St
West Covina
stating that no vehicles
For the last 3 to 6 months Mr. Bonaparte
has been on our street requesting the
removal of unoperative vehicles. He
informs me there is a City Ordinance
should be in the backyard, sideyard or front
9
CITY COUNCIL 10/12/71 Page Ten
ORAL COMMUNICATIONS
yards - I asked Mr. Bonaparte if I could come down and see him and
talk to him about it and I further advised him I was coming in here
and would appreciate it if he was here, and I also asked him to
come to my house and discuss this matter. I do not see Mr. Bonaparte
here this evening,
I now have one vehicle dismantled. It is
not on the driveway but on the side of the drivewayo The children
in the neighborhood are helping me rebuild it. We repair motor bikes,
wagons, etc., when I come home from work we get together and do it.
I think it is unfair of Mr. Bonaparte to be taking pictures
continually, taking up his time and my time and I would appreciate it
if you have a City Ordinance on this that I hear it now. I do have
a sand dune buggy which I keep in the garage because I don't want to
expose it out on the street although it.has a license, The vehicle
I have now that I am working on is without an engine. I live on a
deadend street between Willow and Meeker. It is not a busy street,
my neighbor next door to me injured his back last year and is out of
work and he has a truck parked also without a motor in it and he
doesn't have the funds with which.to fix it. So what are we supposed
to do?
Mr. Wakefield: There is an Ordinance of the City which
City Attorney governs the storage of inoperative vehicles
in the City. (City Attorney said he would
look it up and read it.)
Mr. Zdziebkowski If Imay c.ontiniewhile he is looking it up.
On Francisquito, a main street, there are
several vehicles parked there. Trucks full of trash, etc. These
vehicles that I have aren't junk, they are just unoperative at this
time. We have pulled the equipment out and we are working on it.
When I get that one finished I am going out and get another one and
work on it. I have my nephew coming to the house and the kids in
the neighborhood and we all work together on it, it keeps them off
the streets. I just'don°t see why Mr. Bonaparte has to keep coming
and keep taking polaroid pictures. Calling me at work, etc.
Mayor Chappell: Mr. Aiassa, can.we have a member of the
staff contact this gentleman and try and
get this cleared up?
Mr. Aiassa: Yes, Mr. Mayor. I think we should hear
Mr. Bonaparte°s side. I would like to
have this referred back to my office by
City Council and I will have my staff review it with all parties
concerned and also with the City Attorney.
Motion by Councilman Lloyd that this item be referred to the
City Manager's office. Seconded by Councilman Young.
Councilman Nichols: Mr. Mayor. I would only say that I am
familiar with the Ordinance on the books.
I voted to put it on the books and I
support the Ordinance, it has very valid reasons for being there.
The purpose is to prevent the City from becoming a junk yard and
• I do support that. And I don't feel that any employee of the City
who is enforcing the Ordinances is wasting his time or the City°s
money, but is doing his job.. If .it .is an improper ordinance, there
are men on the Council that were not on the Council the time it was
adopted and perhaps Council should reevaluate.
Mr. Zdziebkowski: Mr. Nichols, If I may? I also have a sand
bug and it is kept in the garage. I have a
license on it and I could put that out in the street which would make
the street look pretty raunchy and it would be legal.
SWIM
CITY COUNCIL 10/12/71 Page Eleven
ORAL COMMUNICATIONS
Councilman Nichols: I don't want to place you or Councilman
Nichols.in the position of debating your
particular situation because your City
Council operates on the basis of passing laws that apply to 76,000
people, so it would be unfair of either of us to debate the merits
of your concern here. I only state for the record that I am familiar
with the Ordinance and I am here on record as having voted for the
Ordinance and I support'.the;._concept,.. of,._it and I believe Mr. Bonaparte
feels he is doing his constitutional job of attempting to enforce it
and that your appeal is correctly placed before the City Council
tonight, which is the only body which can give you surcease and I am
sure Council will judge that.
Mayor Chappell: We will have staff get together with you
and get this ironed out, but part of
Francisquito, as you know, is in the County
and we have no control over it. So what you are talking about could
be there, but we are _attempting;.,to:.eliminate..:those-,:things'which-are in
the City of West Covina.
Motion carried.
Mr Zdz,iebkowski: Thank you. One other thing. On the corner
of Yarnell and Meeker, this corner is
saturated with water 24 hours a day and
nothing has been done about it. I would like the Council to look at
it and try and fix it.
Mayor Chappell: Mr. Aiassa, will you take note of it and
have it looked at by the City Engineer.
Also my back yard is by the Flood Control
Ditch which has never been cleaned. We
have a lot of ants and bugs coming in and I spray every week. I
noticed in the Tribune of Tune 1971 a Mrs..T. Fisher also complained
of this, Has anything been done about cleaning up the ditch?
Councilman Young: Could this matter be referred to staff also
for study and correction?
Mr. Aiassa: Yes.
Mayor Chappell. The letter may have appeared in the Tribune
but the lady did not appear before us so
we perhaps are not aware of it.
Councilman Lloyd: A point of order, Mr. Mayor. He is bringing
up something that is totally irrelevant.
Thie'`.woman is not here, if she wishes to
plead her case she can appear.
Mayor Chappell: But he is stating what was in his backyard,
Councilman Lloyd: If he is discussing his backyard m okay,
but he was bringing up something else.
Councilman Nichols. Mr. Mayor, the only observation I would make
is that the Flood Control Wash is a County
facility and is under the control and maintenance of the County of
Los Angeles, the City has no direct control over it, no capability of
entering it to maintain control over it or correct it. And sir, your
correct approach for a complaint of this kind, and indeed your complaint
may well be legitimate, would be before the Board of Supervisors in
Los Angeles, this City Council does not have jurisdiction, however if
our government finds it is improperly maintained in our judgment/we
might well choose to join with you in complaining. But let us not
11
CITY COUNCIL 10/12/71 Page Twelve
ORAL COMMUNICATIONS
end the evening with the feeling that we have the authority to solve
the problem in that Wash, because we do not.
Councilman Young: Will this complaint be handled by staff,
Mr. Aiassa? (Answered: Yes)
Councilman Shearer: Mr. Mayor, one comment with regard to
water in the streets. This is a problem
all over our City and will probably
continue to be. There is an interesting law in the statute of the
Streets & Highways Code of California, one which I am sure every
citizen in this community violates and if we want to open a can of
worms we can really do that here. The statute states it is illegal
to even water your lawn if it runs out in the street. So if we
really want to enforce its the -'-.water in the street that comes out
because of watering the lawn.1 - 1 My wife watered the lawn today
and when I came home the sWater was running into the street, which
is by strict interpretation of the law a misdemeanor.
Mayor Chappell: Let's just close that door right away.
THE CHAIR CALLED A RECESS AT 8:26 P.M. COUNCIL RECONVENED AT 8:39 P.Mo
CITY MANAGER
WATER BUDGET Mr. Aiassa: It was felt that a budget
APPROVAL should be adopted at least
to guide us for the first
year of operation so we will know the expenditures and receipts of
the operation. The budget was prepared by the staff and slightly
modified by the City Manager. Mr. Lippitt, Assistant City Engineer,
has been in charge of this Department to date and will answer any
questions Council may have on the budget.
Councilman Lloyd: Mr. Mayor, a question of Mr. Aiassa. Is
this budget a function of the general
budget which we already approved?
Mr. Aiassa: No.
Councilman Lloyd: This is a totally new budget - where are
the funds coming from?
Mr. Aiassa: The funds will, come from the water recei.pts,
it is self-contained. As we previmsly
outlined to Council there will be no
outlay of cost by the City and as you will. note in the report
submitted to you, staff°s time .is being charged to the Water System.
Councilman Lloyd: Are we serving any customers now?
Mr. Lippitt: Yes, approximately 150 Rml residences, plus
about 400 apartment units, plus the water
for the contractors. The City of Covina is handling the billing through
the agreement made by'.the Council on the 5th of May and this is done
through a computer of the Municipal Data Systems. We have only had
one billing to date, we are entering our second billing now,
Councilman Lloyd: They are providing the water or are we
in operation on the main trunkline
going down Azusa?
Mr. Lippitt: Yes we have an 8" connection with the City
of Covina about 1501 from a 3011 connection
with the MWD. At the time the connection
was made with the MWD line they did not have treated and softened
water so through an agreement with the City of Covina, Umark and MWD
12
Page Thirteen
CITY COUNCIL 10/12/71
CITY MANAGER:. Water Budget Approval
we made an 8B1 connection to the City of Covina System and we are now
using their water but purchasing it from them.
Councilman Lloyd:
When will that big pipe be ready to deliver
treated water?
Mr. Lippitt: We could use their water right now but one
of the problems is the MWD requires 10/
minimum of their meter, otherwise you have
to have a continuous flow, whereas the City of Covina does not. So we
have been using their water because at this time the usage is not very
large in that area.
Councilman Lloyd: You mean 10% of the total capacity of the
line?
Mr. Lippitt: 10% of the meters has to be used otherwise
MWD charges you whether you use it or not,
and it is not economical to do it that way
at this time.
Councilman Lloyd: When will we arrive at the point where we
can use our own line?
Mr..Lippitt: We are using our line entirely, it is just
that we have a connection to the City of
Covina and the MWD and we are now using
the City of Covina water at our option.
Mr. Aiassa: I think what Councilman Lloyd is asking
is are- we using our 3011 line on Azusa?
Mr. Lippitt: Yes.
Mr. Aiassa: And this now provides us two alternatives.
If at anytime the MWD has to close down
for maintenance or repairs we have an
alternate source of water with the City of Covina.
Mr..Lippitt
Councilman Shearer:
But we could use the MWD water now if we
choose to,
If we did it would cost us more money?
Mr. Lippitt: Approximately the same but it would be
uneconomical because they would charge us
10% of the capacity of the meters whether
it was used or not, so it would be more expensive at this time.
Councilman Nichols: The apartment usage is all built to a
single meter?
Mr. Lippitt: No they have separate meters for each
building.
Councilman Nichols: These are all billed to the same source
though? (Answer: Yes) How many private
family meters are operating in the area at
the present time?
Mr. Lippitt: As of last week approximately 145 to 150.
Councilman Young: Does this budget indicate that we are
running a deficit or a surplus?
/Mr. Aiassa: I would like to make the statement I made
-prior to the adoption of the other budget,
13
CITY COUNCIL 10/12/71
CITY MANAGER: Water Budget Approval
Page Fourteen
if the revenue reaches our estimate and our expenditures reach what
we anticipate, it will be a balanced budget.
Councilman Young: That is what is presented here with
$.100,000 estimated in revenue and $45,000
advance for meters but current operation
. of $119,004 is what I don't understand.
Mr. Aiassa: We anticipate within the next 6 or 8
months there will be a lot more users.
Mr. Lippitt: The $119,000 includes the cost of the
meters. You will have approximately a
$26,000 reserve at the end of the yearn
Councilman Young: It would be a surplus then except Umark has
to be paid back for advancement on the
meters in addition to the purchase price of
the water. system.
Mr. Lippitt: Right. These costs would be added to our
total cost of what we are paying.
Councilman Young: This is why I am confused as to whether it
is a surplus or a deficito
Mr. Lippitt: In just starting and with this amount of
meters,rit ' should actually be considered
a capitalitem something paid over a period
of years.
Mr. Aiassa: If you want to be technical you have
a deficit because the meters are stored and
not in use.
Councilman Young: The advance by Umark for the meters, does
this go on to the purchase price over the
20 years, etc. , ?
Mr. Aiassa: Yes.
Councilman Young: So predicated on that this budget would
appear to show a surplus,
Mr. Lippitt: Yes.
Mr. Aiassa: Now when we made our first presentation to
the Council we believed in the first 5 years
of operation we would be making a lower
percentage payment back to Umark, so we will be accumulating reserves
for that period of time and as the system gets older -we -may then have
to dip into that surplus. We make no payment at all for the first
two years.
Mr. Lippitt: To recapitulate it states for the first
2 years we pay 0, and then 221-2% for the
next 3 years, 30% for the next 5years
and 50/ for the balanced
Mayor Chappell: Any other questions on the Water System
budget? We have a recommendation to
approve the budget as presented by the Water Utility.
So moved by Councilman Lloyd,, seconded by
Councilman Young and carried.
CITY COUNCIL 10/12/71 Page Fifteen
CITY MANAGER m Cont°do
APPROVE WATER FOREMAN Mr. A.iassa: We have a need for a Water
CLASSIFICATION Foreman classification,
which has been approved by
the Personnel Board and now has to be approved by Council. One
additional comment, we are also soliciting the services of a private
water company in lieu of hiring a person immediately m whichever is
more economical to the City. We have checked the proposed salary for
the Water Foreman with other cities and it is a comparable salary.
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, that the class specification for Water Foreman be approved.
ASSEMBLY BILL 1098 Mr. Aiassao I have Mr. Eliot present
POLICEMEN & FIREMEN°S and you do have a written
MANDATORY RETIREMENT report from him, and he can
BENEFITS answer any further
questions that you might
have.
Councilman Shearer: What do we now pay on retirement for the
city employees?
Mr. Eliot: Our City expense runs approximately
Controller $400,000 annually. That is the City°s
portion for retirement benefits. The
proposed bill in front of the State Senate which has passed the
Assembly and passed the Senate Committee on Finance and Taxation is
now going on the floor of the Senate, so we are right at the last
stop. It was stopped earlier and killed in the Committee in the
Senate, but has been revived now and may pass in the last minute rush.
We have been fighting .it for a couple of years, but it may pass now.
It would provide a mandatory change in retirement benefits to provide
what is termed the CHP Plan or the 2% retirement at 50 years. This
would add a large cost to the City. The State has attempted to ease
it a little by promising to fund a portion of those costs, but no one
has made an appropriation and there is no guarantee that there will.
be an appropriation each and every year. Even with the assistance
of the appropriation the cost to the City of West Covina would be in
the neighborhood of $150,000 and without.it it would be $269,000 .over
and above what we are now paying for retirement benefits. For this
reason the League of California Cities has taken a step against it
and has urged all cities to contact members of the State Senate and
oppose the bill. What we are asking you to do tonight is authorize
the City Manager to contact our State representatives and oppose
AB 10980
Councilman Shearer: Under the present retirement system,
briefly what are the police and fire
getting, the same as the other employees?
Mr. Eliot: No, the Safety Employees presently have
what we term half pay at age 55 with a
minimum of 20 years service. At age 55
with a minimum of 20 years service a policeman or fireman may retire
at half his pay. More years would not necessarily be .immediately
different, probably somewhere between 23 - 24 years it would be very
close to the same, but when he gets beyond that it would continue to
go up. There is this extra push at the 20 year mark. The 2% at age
50 is again when you reach age 50 you eam a certain percentage each
year of your service and the service does change with each year of
service on a retroactive basis. So for example you could be earning
1%% for the first 3 years and the next 3 years it: may go to 1.6 but
the entire 6 years back would be recomputed at 1.6 so when talking
about 2% when the Safety Employee reaches age 50 all his service
would compute at 2%o If he served from age 21 and served 29 years
in this City or other Cities under this plan he would have 2% times
29 or 58% of his pay in retirement at age 50 rather than waiting to
age 55. He could get a higher retirement at age 50 and at this time
15
CITY COUNCIL 10/12/71
CITY MANAGER: Assembly Bill 1098
. Page Sixteen
neither bill is mandatory. The mandatory.featuxe...ofl_AB:_1098.. is .the City
has no choice. Usually when you enter into a contract Iyou agree to
pay certain costs and mutually you agree to change it and what the
State Legislature is doing is mandating a change in retirement and
we have ho choice if this passes. You must then give them this
liberalized retirement.
Mr. Aiassa: One other point, if this is passed the
miscellaneous employees and other groups
that we are now negotiating with will
probably ask for compensation or its equal. We also have one other
feature which was not elaborated on, in public safety in case of
injury they are guaranteed full salary for one year.
Mr. Eliot: There are many other differences; one is
what Mr. Aiassa has just mentioned. If
you have been working as little as one day as a Safety Employee
and you are injured on the job you are entitled to half pay disability
if it is a disability injury. If you are a miscellaneous employee
you must have been employdd a minimum of 5 years and.then you are at
the rate of 1%% for every year worked for the City. So you could
have an employee working in your tree crew and falling off a tree,
breaking his back, paralyzed, and with 5 years service.he would get
72% of retirement and if he worked 4 years he would get nothing.
Safety Employees on the other hand could be riding in .a police
vehicle,be struck in a traffic accident by someone running a signal,
have a similar back injury accident and working one week for the
City and get half pay. So there are quite a few differences other
than just retirement between what Safety Employees and Miscellaneous
get.
Mr. Aiassa: Also I feel the legislators are taking
the authority to force the local govern-
ment and by demand are forcing us to
support it and without the funds I don't
think they should come forth making these retirement features so
de luxe.
Mr. Eliot: If the City had chosen to do this and
can presently do it on a voluntary basis
because there is a 2% plan available, and there are a few cities
that have adopted the 2% plan, but the feature we are objecting to
is .the thinking that we are subject to -this, we object to the
mandatory nature of it.
Councilman Young: What you are saying is that this is
optional now and the only difference
really being proposed is that it is
mandatory. I am in favor of keeping it
optional as a bargaining point.
Mr. Aiassa: I believe that is the key to the whole
bill. Mr. Wakefield, do you have anything
to add?
Mr. Wakefield: No, I think the points have been covered.
As you will remember the Legislature
essentially did the same sort of thing
for Miscellaneous Employees effective July l of this last year and
compelled the cities and other agencies that were members of the
Public Employees' Retirement System to participate in the increased
benefits and increased costs provided on a mandatory basis. This
bill does the same thing on a mandatory basis, so far as policemen
and firemen but it adopts a different basic retirement formula.
It adopts really what has been discussed as the 2% at age 50 formula
and it is now available and the City could elect to.provide those
benefits for the Safety Employees if it so desired.
16 m
CITY COUNCIL 10/12/71 Page Seventeen
CITY MANAGER: AB 1098
Motion by Councilman Lloyd, that the City Council go on record
vigorously opposing AB 1098. Seconded by Councilman Young and carried
on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
RENEWAL OF SAN GABRIEL Mr. Aiassa: I am sorry Martha Reynolds
VALLEY HOT LINE CONTRACT isn't here to plead the
cause of the Hot Line, she
is usually present to make the presentation. The reason this item is
now on the agenda is in prior years we were only making a contribution
of $75.00 a month and in this year's budget, which Council approved,
we went to the $100.00 a month contribution. And in speaking with the
City Attorney he advised that we negotiate an agreement on this basis,
all we need is a motion that Council authorizes the Mayor and City Clerk
to sign the contract with the Hot Line Agency for services to be
rendered for the fee of $100.00 per month to be paid by the City.
Mayor Chappell: Mr. Aiassa, none of us received a copy of
the contract, do you think we should see it
before we vote on it?
Mr. Wakefield: No, Mr. Mayor. It is simply an extension
City Attorney of the contract which was approved last
year, except it provides for the monthly
payments at a higher rate.
Councilman Young: I have no economic interest in this
personally, however I am a back-up
counsellor and I get phone calls at midnight
from patrons of the Hot Line - would that invalidate my vote on this?
Mr. Wakefield: No, Councilman Young.
City Attorney
Mayor Chappell: May I have a motion to approve the Hot Line
contract in the amount of $100.00 per month?
So moved by Councilman Young, seconded by
Councilman Lloyd and carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
MAYORS REPORTS
PROCLAMATIONS
Week" - October
November 8 - 14,
(No objections.)
Mayor Chappell: I have been asked to make
two proclamations:
"National Business Women°s
17 - 23, 1971 ; and "Youth Appreciatib-n Week" -
1971. If Council has no objections I will so proclaim.
COUNCIL COMMITTEE REPORTS
Councilman Shearer: One item, Mr. Mayor. The City with the
action 'tonight for the $39,993 fire
apparatus - I would certainly appreciate
that some recognition for the City be placed at the station. The sign
there now says "Woodside Village Fire Station." As we bought the
land, the building and the fire apparatus I think we should get some
of the credit.
Mr. Aiassa: We are in the process of changing it. Our
sign man is working on it.
- 17 -
CITY COUNCIL 10/12/71
COUNCIL COMMITTEE REPORTS - Cont°do
Page Eighteen. .
Councilman Young: I suggest instead of a role call at our
meetings that we simply have the Clerk
note the attendance. It seems kind of
silly to have our names called off each time we meet. The other
point is, has some contact been made with the Methodist Church
regarding some recognition of the youth there for the honor they
received from the Parents Magazine for their work with the children
pertaining to reading.
Mr. Aiassa: We are following it up now.
ADJOURNMENT
ATTEST:
CITY CLERK
•
Motion by Councilman Lloyd, seconded by
Councilman Shearer and carried, to adjourn
this meeting at 9:06 P.M.
APPROVED:
MAYOR