11-08-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
NOVEMBER 8, 1971.
The regular meeting of the City Council was called to order at
7:31 P.M., in the West Covina Council Chambers by Mayor Ken Chappell.
The Pledge of Allegiance was given. The invocation was given by
Reverend Charles R. Simmons of the United Methodist Church of West
Covina.
ROLL CALL
Present: Mayor Chappell; Councilmen Shearer, Nichols,
Young, Lloyd
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Herman R. Fast, Ass°t. City Manager
Lela Preston, City Clerk
Richard Munsell, Planning Director
Bert Yamasaki, Ass°t. Planning Director
George Zimmerman, City Engineer
Ross Nammar, Administrative Assistant
Norm Stevens, Director of Recreation & Parks
APPROVAL OF MINUTES
October 26, 1971 Motion by Councilman Lloyd, seconded by Council-
man Young and carried, to approve minutes as
submitted.
October 4, 1971 Motion by Councilman Lloyd, seconded by Council -
(Revised) man Young and carried, to approve revised Pages
2, 2a, 2b and 3 of October 4, 1971.
CONSENT CALENDAR
Mayor Chappell explained the procedure of the Consent Calendar and
inquired if there was anyone present that wished to speak on any item
of the Consent Calendar:
to COMMUNICATIONS
a) Walsh-Forkert Civil
Engineers, Inc.
b) Mrs. Emil Smith
1301 Mariana St.,
West Covina
c) Immanuel First
Lutheran Church
and. School
d) Henry Grivi
West Covina Disposal
Company
e) Mr. & Mrs. Don Mead
3803 Nearpoint Drive
West Covina
REQUEST on behalf of Margaret Ruth Hill
for extension of filing date for final
map for Tract No. 19665. (Refer to
Staff)
RE height requirements for West Covina
Police Officers. (Receive and file)
RE removal of stop sign at Valinda and
Service Avenues. (Refer to Traffic
Committee)
REQUESTING early renewal of negotiations
for rate increase. (Refer to City
Manager)
Expressing appreciation for upgrading
of crosswalk at Hollingworth and
Sentous and further requesting con-
sideration of a stop sign also.
(Receive and refer to Traffic Committee)
f) Salvation Army REQUEST to place Christmas Kettles with
attendants in Plaza and Eastland
Shopping Centers from Dec. 1-24/71.
(Recommend approval)
CITY COUNCIL 11/8/71
CONSENT CALENDAR - Cont°d.
g) Arthritis Foundation
4 h) Charles R. Bierly
.2. PLANNING COMMISSION
3. RECREATION & PARKS
COMMISSION
4. HUMAN RELATIONS COMMISSION
5. YOUTH ADVISORY COMMISSION
Page Two
REQUESTS permission to conduct annual
fund raising campaign during month of
February, 1972. (Recommend approval
subject to staff review)
Reasons for proposing the creation of
a new County of San Gabriel. (Council)
Summary of Action - October 13, 1971
(Adj. Mtg.); November 3, 1971. (Receive
and file)
Summary of Action, October 27, 1971
and November 2, 1971 (Adj. Mtg.)
(Receive and file)
Summary of action - October.28, 1971.
(Receive and file)
Summary of action - October 28, 19710
(Receive and file)
6. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS
a) PROJECT NO. SP-70007 LOCATION: Lark Ellen Avenue extension
GRIFFITH COMPANY from Amar Road northerly.
Accept street improvements and
authorize release of The American
Insurance Company Bond No. SR-707 51 89
in the amount of $52,264.50, subject to
Notice of Completion procedure. (Staff
recommends acceptance)
b) TRACT NO. 30903 LOCATION: Leaf Avenue and Walnut Creek
MONUMENT BOND Parkway.
LLOYD E. MOEN CONST., Authorize release of The Western
INC. Casualty and Surety Company Bond
No. 386805 in the amount of $770.
Monuments in place. (Staff recommends
release of bond)
7. ADMINISTRATIVE ITEMS
a) Freeway Widening (Receive and file)
Monthly Progress Report
8. ABC APPLICATION Chief of Police recommends NO PROTEST.
a) Dennis-M. and Christie E. Feeney dba GOLDEN KEG
821 E. Alwood Street, W.C. 2713 E. Valley Blvd.
West Covina
9. CLAIMS FOR DAMAGES FILED WITH CITY CLERK
a) James B. and Darryl K. Sallee Motorcycle accident on Pass &
1631 Fieldgate Avenue Covina Road, south of Maple -
Hacienda Heights grove St. (Deny and refer to
Insurance Carrier)
b) State Farm Mutual (James E. Lewis, insured)
Automobile Insurance Co. (Deny and refer to Insurance
Carrier)
Councilman Lloyd: Mr. Mayor, I don't fully understand Item (h)
regarding the creation of a new county.
Staff has recommended "Council". What kind of
action is that? What were you suggesting by that •- Mro, Aiassa?
�e
- 2 -
CITY COUNCIL 11/8/71 Page Three
CONSENT CALENDAR_- Cont'd.
Mr. Aiassa: This is referred to Council for their action.
If you so desire you may refer it to staff
for further report and we will put it back on
the agenda at your next meeting and in the meantime you will receive
further material.
Councilman Lloyd:
Before we even
remotely consider anything of
this nature I
think we
would have to have a
Study Session
on it.
It has tremendous
repercussions and
even to accept the
item on
the agenda by Council
has problems to it
as far as the Los
Angeles
County is concerned.
Is that correct?
Mr. Aiassa: Yes.
Councilman Lloyd: Are we going to have a presentation on this
by Mr. Bierly?
Mr. Aiassa: You have received a written communication.
Councilman Lloyd: Yes, I have read that. Is there no other
presentation to be made? (Mr. Aiassa answered
"no".) Maybe then the action should be to
refer to staff and we receive a staff report on it.
Mr. Aiassa: I referred it to Council for your referral
back to staff if you so desired. We did not
want to spend time on it unless you so indicated.
Councilman Young: Mr. Mayor, in my opinion this would be placing
staff in a position that is so purely political
that it best be considered at Council level.
I suggest that we approach San Diego County or Orange County or
San Bernardino County with the prospect of the merger of counties
and thereby reduce all the facilities we would have to duplicate
with a second county in the area contemplated by Los Angeles County,
and as an alternative to that some better representation. More
supervisors, perhaps 11 instead of 5. And I am ready to make a motion
to that effect.
Motion by Councilman Young that the West Covina City Council disavow
any efforts to divide the present Los Angeles County into two
counties and in the alternative propose a broader representation of
the present population of this County on the Board of Supervisors.
Councilman Lloyd: I will second.that motion. And by way of
comment - meaning more supervisors - I am sure
you are all aware that the average Supervisor,
one of five, represents 1,250,000 people, which is a staggering
workload if you see everybody once a year.
Mayor Chappell:
My only remark would be that anybody even
suggesting the forming of a new County has to
be kidding themselves and perhaps just
attempting to get some
publicity because it is an item certainly
worthy of news.
Councilman Shearer:
One further question. I think I am`in
favor of forgetting about dividing, but I
am not sure about being in favor of the City
seeking more representation.
I am sure that no one here is prepared
to pursue actively
further representation, or is this more of a
paper statement. Are we going to follow up on this?
Councilman Young:
The intent of the motion is to seek the
County Supervisors. More smaller
addition of
Districts. That is the whole intent of it. I
can see us passing
Resolutions, I suppose addressed to the State
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CITY COUNCIL 11/8/71
CONSENT CALENDAR - Cont°d.
Page Four
Legislators, which would request that the County be divided into 9 or
11 Districts rather than 5 as it is presently. That is the intent of
the motion.
Councilman Shearer: You do intend to follow up with some positive
• action?
Councilman toung: Yes.
Councilman Nichols: I am prepared to vote on the motion, but I think
it is a bit strongly worded. The term to
"disavow", as I understand it, indicates to
choose not to have any sympathy towards and withdraw totally and
completely from. For my own I would rather say the West Covina
Council doesn't choose to associate itself with the move to withdraw
but I suppose we are getting into an area of semantics. If the maker
of the motion doesn't choose to soften it I will vote for it.
Councilman Young: I can't soften it, because it has been seconded
already and the parlimentarian says we have to
vote it down and redo it.
Councilman Lloyd: That is right.
Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Councilman Lloyd: I have one more thing with regard to the
Recreation and Parks Commission Summary of
action, Item 3 of the agenda. Item 1-b of
the summary of action says construction of a
pergola area in the Galster Park picnic area budgeted in 1971-72
$10,000. That is a lot of money. Are we committed to it unalterably?
I really would like to have it referred back to staff and receive an
explanation on it at a later date.
Councilman Nichols: Mr. Lloyd,is that a motion? (Answered: Yes)
It is sort of a wooden umbrella thing. And
I will second the motion.
Motion carried.
Motion by Councilman Shearer, seconded by Councilman Lloyd, to approve
Consent Calendar items with the exception of Item 3. Motion carried
on roll call as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
AWARD OF BIDS
PROJECT NO. TS-71007 LOCATION: Citrus Street and Workman
TRAFFIC SIGNAL
Avenue.
MODIFICATION
• Bids received in the Office of the
City Clerk up to 10:00 A.M., on
Wednesday, November 3, 1971, and
thereafter publicly opened and read.
The City Clerk presented bids
received as follows:
Powerline Erectors, Inc., $20,850
,Steiny & Company, Inc., 21,780
C. T. & F., Inc., 23,874
Fishbach & Moore 26,700
n
CITY COUNCIL 11/8/71 Page Five
AWARD OF BIDS: PROJECT # TS 71007
Motion by Councilman Young that City Council accept the low bid of
Power Line Erectors, Inc., of Saugus, for City Project No. TS 71007;
and authorize the Mayor and City Clerk to execute an agreement with
said Power Line Erectors, Inc., for the work. Seconded by
Councilman Lloyd and carried on roll call vote as follows:
• AYES: Shearer, Nichols, Young, Lloyd, Chappell,
NOES: None
ABSENT: None
"SAFETY TOWN" Bids were advertised to be received in the
TRAFFIC SAFETY SIMULATOR Office of the Chief of Police up to 10:00_,
A,M., on Wednesday, September 22, 1971. No",
bids received. Bid opening date extended:
Councilman Young: Mr. Mayor, the only problem here is we have a
lower bid recommended to be rejected. Item
4 of the material given to us here indicates
that the bid bond was omitted and proposal for the interior and
exterior graphics and an extension of one week was given so they
might comply with City specifications. On October 15 the bid bond was
filed with the. City and on October 19 the graphics proposal was
submitted and after review by the architect it was determined that
this proposal does not meet the bid specifications. Am I reading
that right? Are there two different bases of rejection here?
Mr. Wakefield: Yes, when the bids were originally opened
the low bidder did not include a bid bond.
And he did not have the drawings which were
required designating the design for the interior and exterior of the
traffic simulator and the portion of the bid which required him to
indicate the owners of the firm - this was omitted. The staff felt
in-- iew"'of the difference" between the two bids that the low bid
should be given every opportunity to correct those deficiencies on
the theory that they were irregularities the City Council might
properly waive if they elected to do so. However, when the
deficiency of the bid bond was corrected, the design when it was
finally submitted apparently was not acceptable,to the staff and so
the recommendation was that the bid be rejected because of the
irregularities that had occurred in it.
Councilman Young:-
Is the City Attorney of the opinion that we
do not risk litigation over this?
Mr. Wakefield:
No sir, I think the question as to whether or
not the City Council waives the irregularities
in the low bidder's original bid are matters
of discretion entirely
and you have the.authority to reject the bid
because of those irregularities
and award it to the next. low bidder.
Councilman Young:
Would it be worthy to have a presentation of
the two bids in detail by staff to make a
determination whether or not this waiver
would be appropriate,
when we are talking about a $4200 difference?
Mr. Wakefield:
Yes, I think it is appropriate to give
.
whatever specific consideration to the
detail of the bids the City Council deems is
appropriate.
Mayor Chappell:
Mr. Aiassa, is there anyone here that can
make this presentation tonight?
Mr. Aiassa: There are three groups involved. The Police
Department, the architect and my office.
This is a project set up by a Federal grant
and we have certain standards and requirements to meet. And also
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CITY COUNCIL 11/8/71 Page Six
AWARD OF BIDS: "SAFETY TOWN"
there is a certain degree of experimentation involved. We have
spent many hours with both bidders and there are only two bidders
and after the time spent by my staff in consultation with the City
Attorney that is the recommendation they came up with. We also
have a time limit in respect to getting the money from the
• government and there is a total of $65,000 involved.
Mayor Chappell: Is this price within our budget, Mr. Aiassa?
Mr. Aiassa: Yes.
Mayor Chappell: Is there a motion either way on this one?
Motion by Councilman Shearer that Council instruct the Purchasing
Agent to award a purchase order, in conformance with bid, to the
Festival Artists for Safety Town Pedestrian Simulator in the amount
of $29,815.00 at time of delivery. Seconded by Councilman Lloyd.
Councilman Lloyd: A question of Mr. Aiassa. I know you reviewed
this and made your recommendation but in going
forward with this are we really getting the
City's money's worth out of it?
Mr. Aiassa: Yes, the City's share is in the effort and time
staff is putting forth. It is on a matching
basis. The Federal Government is going to
give $38,597 and we.are putting our staff time into it and in putting
on the shows, equivalent to about $26,000. The Federal Government
took us on because there is such a great need for this and this is
the first of its kind, other than the one we had at Eastland, which
took days to put up and days to take down. This will be a compact
unit, a mobile unit, and it will have a greater circulation to a
greater amount of children and thereby do a greater service. We
had problems before with schools busing the children to Eastland.
We hope that this will be one of the many devices that will be used
to develop safety programs and because we had made the first step in
this direction the Federal Government awarded us the grant. It was
a very difficult project, which they knew, because there has been
none of its kind and that is also why the bids were rather difficult
to obtain. (Explained in further detail.)
We think it will meet with a great deal of
acknowledgeable success and if the contractor produces what he says
he will we will probably be the Number 1 Granddaddy again of Safety
Town as we were of the Public Authority.
Motion carried on
AYES: Shearer, Nichols,
NOES: None
ABSENT: None
PUBLIC WORKS
PROJECT NO. SP-70007
STREET IMPROVEMENTS
CONFIRM REPORT 1911 ACT
• (Short Form)
roll call vote as follows:
Young, Lloyd, Chappell
LOCATION: Lark Ellen Avenue from Amar
Road to a point approximately 774 feet
northerly.
Motion by Councilman Nichols, seconded by Councilman Young and carried,
to accept and file Engineer's report.
RESOLUTION NO. 4469 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
WEST COVINA CONFIRMING THE REPORT OF
THE STREET SUPERINTENDENT RELATIVE TO THE COST OF WORK DONE, PURSUANT
TO RESOLUTION NO. 4346, ON LARK ELLEN AVENUE FROM AMAR ROAD TO A
POINT APPROXIMATELY 774 FEET NORTHERLY."
- 6 -
CITY COUNCIL 11,/8,/71 Page Seven
PUBLIC WORKS: PROJECT NO. SP-70007
Mr. Wakefield: Mr. Mayor and members of Council, this
resolution simply confirms the report and
sets the matter for public hearing,
Motion by Councilman Lloyd, seconded by Councilman Young and carried,
to waive further reading of the body of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Shearer, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
WEST COVINA.STREET LOCATION: Various throughout the City.
LIGHTING DISTRICT
UPDATING
.RESOLUTION NO. 4470 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REQUESTING THE EXCLUSION
FROM COUNTY LIGHTING MAINTENANCE DISTRICTS
NO. 1866, 10,035 AND GARO (COVINA) OF CERTAIN TERRITORIES IN THOSE
DISTRICTS WHICH HAVE BEEN ANNEXED TO THE CITY OF WEST COVINA."
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to waive further reading of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
PERSONNEL BOARD
MINUTES - Sept. 14, 1971 Motion by Councilman Young, seconded
(Adj. Mtg.) by Councilman Lloyd and carried, to
receive and file.
- October 5, 1971 Motion by Councilman Young, seconded
by Councilman Lloyd, to receive and
file.
Councilman Young: And I have a question of Mr. Aiassa. Is
there any particular reason this wasn't on
the consent calendar, are we missing
something here?
Mr. Aiassa: No, the reason it was put on this way is
because they came in a little late and the
Consent Calendar was already completed,
Motion carried.
RESOLUTION NO. 4471 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING CERTAIN PRO-
VISIONS OF RESOLUTION NO. 1277 RELATING
TO AUTHORIZED POSITIONS AND SALARIES. (PBX Operator, Apprentice
Mechanic,. and Custodian)
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive further reading of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Shearer, to adopt
said Resolution. Motion carried on roll call vote as follows:
- 7 -
Page Eight
CITY ATTORNEY
ORDINANCE The City Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING SECTIONS 2104 AND 2105
OF THE WEST COVINA MUNICIPAL CODE RELATING TO
THE ORDER OF BUSINESS OF THE CITY COUNCIL."
Mr. Wakefield: This is the Ordinance you discussed at your
last regular meeting which would dispense
with the necessity of a roll call at the
commencement of your meetings and authorize the City Clerk to make
note of the members in attendance or absent.
Motion by Councilman Young, seconded by Mayor'Chappell to waive
further reading of the body of the Ordinance.
Councilman Shearer: Mr. Mayor, I have a question. Are we bound
by Ordinance to conduct a meeting in the
order of items A through L? If so, I suggest
we take a look at them now and revise them because we don't do it
that way now. For one thing we don't open bids here, we award bids.
And in regards to our Consent Calendar there are some communications
taken out of order, which is fine and I have no objection to that,
but if we are to be bound by this ordinance and have to go to the
expense of publishing it in the paper, etc., we might as well do it
right. I didn't realize we had to go to the expense of publishing
in order to dispense with the roll call. It seems rather expensive.
Councilman Young: Well,it does expose an interesting problem,
Councilman Shearer, as you have just pointed
out.
Councilman Shearer: I think we have been illegal apparently
since I have been on Council because we
haven't been doing things in this order and
if we are bound by Ordinance...
Councilman Lloyd: Mr. Mayor, I have a comment. I have already
written something down for Mr. Wakefield.
I note in the order there is no proviso
whatsoever for the Council people to introduce anything. I guess
we come under Miscellaneous. Is that correct? Well we must,
there is nothing else that would cover it. I guess this is my ego
speaking up but I thought perhaps since the City Manager and the
City Attorney were afforded the opportunity at least of being on
the agenda that the City Council might be afforded a similar
opportunity. I understand the role, no question, however..,..
Mr. Aiassa: If it is the pleasure of Council, I would
like to suggest that we carry this over to
• the next meeting.
So moved by Councilman Lloyd seconded by
Councilman Young .
Councilman Young: I think that some review of this particular
ordinance should be made, especially after
the points Councilman Shearer brought up, and
Councilman Lloyd's points. This would deserve some discussion by
Council, the City Manager and the City Attorney, perhaps a Study
Session on this.
CITY COUNCIL 11/8/71 Page Nine
CITY ATTORNEY: Ord. re Order of Business
Councilman Nichols: It seems to me the Ordinance can be reworded
in one sentence to take care of this. At the
end of the paragraph under Order of Business,
it could state: "that the business of Council shall be taken up for
consideration and disposition under the following headings" and then
list them. This would allow the Council to revise the order of
• any one, but would require the inclusion of all, and under
Miscellaneous Matters perhaps a secondary heading "Council Committee
Reports" which has been historically a part of this Council°s agenda.
I think those two corrections alone would make it acceptable to the
entire Council.
Mayor Chappell: Mr. Aiassa, have you made note of those items?
Mr. Aiassa: Yes, Mr. Mayor, I would like, if we carry
this over, to meet with each Councilman and
see what the comments are.
Motion carried.
ORDINANCE NO. 1177 The City Attorney presented:
.ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA :"REPEALING SECTION 8147.2 OF,
AND AMENDING SECTIONS 814 7 ..3 and 8147.6 OF THE
WEST COVINA MUNICIPAL CODE RELATING TO
ELECTRICAL CONSTRUCTION REQUIREMENTS."
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to waive further reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Shearer., to adopt
said Ordinance. Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
CITY OF WEST COVINA Mr. Wakefield: This is a further report
vs AMERICAN MOTORIST with reference to the
INSURANCE CO., re litigation entitled City
TRACT NO. 28988 of West Covina vs.
American Motorist
Insurance Company. As.you will recall I reported a month or so ago
that the trial of the action had been completed and the court had
rendered its decision. I recommended that the Council take no
action with reference to the report until this evening in order
that'the Brutoco Development Company, which was interested in the
litigation, have an opportunity to decide whether or not they wished
to pursue the litigation further. I am advised by the Attorneys for
Brutoco Development that they do not wish to pursue the litigation
and recommend that no further steps be taken in connection with it.
Under the circumstances my recommendations were that the action not
be appealed and that the City Attorney be authorized to dismiss
another pending action which was filed simply as a precautionary
action and never been served, which was an, action on the bond
involved in the original subdivision proceedings. These two actions
• will dispose of the matter, so far as the City is concerned. You
will recall that the court°s decision was that there was .a contract
and it required the subdivider to do certain work within the limits
of the subdivision and that the work had been performed. The
controversy related to certain work specified in a grading plan
which referred to the tract being subdivided and also referred to
some of the surrounding area including the area owned by the Brutoco
Development Company and it was the contention of the City at the
trial and previously thereto that the grading plan and the work
calling for the grading plan was also a part of the contract. However,
the court decided this was not the case, the subdivider was only
- 9 -
CITY COUNCIL 11/8/71 Page Ten
CITY ATTORNEY: Litigation re Tract No. 28988
required to do the work within the limits of the subdivision itself.
Motion by Councilman Lloyd instructing the City Attorney to take no
further action on the appeal and that the second action be dismissed.
Seconded by Councilm an Young and carried.
RIGHT OF ACCESS Mr. Wakefield: This agreement is between
AGREEMENT the City of West Covina
PRECISE PLAN NO. 610 and Wilfred Von Der Ahe, Jr.
The access agreement has
been prepared and executed to satisfy the requirements of the Precise
Plan No. 610 and the agreement simply gives the Fire Department
access over the property being developed for the purpose of turning
around Fire Department equipment.
Councilman Shearer: Mr. Mayor, a question. I am prepared to vote
for it if someone will tell me where it is
located?
Mr. Yamasaki: This property is located easterly of the
Ass't. Planning Dir., El Dorado Motel, it is the vacant property
between the E1 Dorado Motel and the.Californian
Motel, on the north side of the freeway. They
do have plans in for a plan check, I am not sure of the status of it.
But there is building activity there so they might be doing some
preliminary grading.
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, that Council accept the Access Agreement.
BURKE, WILLIAMS & Mr. Wakefield: This is the City
SORENSEN STATEMENT Attorneys statement for
(Rockview Dairy) the legal work performed
in connection with the
Rockview Dairy's litigation. To bring you up-to-date, last Wednesday
the District Attorney dismissed the second criminal complaint filed
against the Rockview Dairy with the understanding if there were any
further violations of the City's sign ordinance the criminal complaint
would be refiled. Since we last referred to this matter the operator
of the Drive-in Dairy has made a reasonable effort to comply with the
City's zoning requirements. The Planning Director has consented to
a slight modification of the precise plan which will enable the dairy
to build some additional storage facilities which will enable him to
keep the milk crates and other items stored in the driveway areas out
of sight and behind an enclosure. So the matter is completely
resolved with the exception of the appeal of the criminal action
being handled by the District Attorney's office. The record in that
appeal has now been filed in the Appellate Department of the
Superior Court and a brief will be prepared on the matter.
You will recall the Judges of the Citrus
Municipal Court decided our sign ordinance discriminated against
drive-in businesses such as this, inasmuch as the ordinance does
permit a service station to have not to exceed 2 A board signs
• pursuant to a conditional use permit while the same kinds of signs
were not authorized for other uses permitted within the zone.
So the matter is complete as of this date with the exception of the
appeal being handled by the District Attorney's office.
Mayor Chappell: Thank you, Mr. Wakefield. Is there any
questions? If not, a motion would be in
order.
Motion by Councilman Shearer, seconded by Councilman Lloyd, to approve
payment of the bill submitted by Burke, Williams & Sorensen in the
amount of $356.00.
- 10 -
CITY COUNCIL 11/8/71 Page Eleven
CITY ATTORNEY: Statement
Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Mr. Wakefield: 1mr. Mayor and members of Council, if I may be permitted
to do so I would recommend to the City Council that a
• resolution be adopted which establishes a time for a
hearing on the annexation of certain territory to the West Covina Sewer Maintenance
District. You will recalldin connection with the Bren Development and the Park
Maintenance Districts established in connection with that development, a question
was raised by the State Board of Equalization concerning the necessity for filing
with the State Board of Maps and Descriptions of territory either included in a
Maintenance District for the first time or next to it. In order to avoid any pro-
blem we need to complete the proceedings so the required maps and legal descriptions
can be filed prior to January 1. Because of the Holidays toward the end of December
it would be my recommendation that Council adopt the resolution tonight setting
December 13 as the date for the public hearing of protests.
The area proposed to be annexed consists of territory
annexed to the City in annexation Districts 213 and 214 and certain portions of the
City in the Bren Development which are now under construction and not included in
the Sewer Maintenance District originally. So what this procedure seeks to do is
simply annex to the Sewer Maintenance District new areas that have either been
developed.or annexed to the City so those areas may share in.their fair cost of
the maintenance of the sewers.
RESOLUTION NO. 4472
ADOPTED The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA DECLARING ITS INTENTION TO ANNEX
CERTAIN TERRITORY WITHIN THE BOUNDARIES OF THE
CITY TO THE WEST COVINA SEWER MAINTENANCE DISTRICT IN ORDER TO PROVIDE FOR THE
MAINTENANCE AND OPERATION OF SEWERS WITHIN SAID TERRITORY AND TO ASSESS THE COST
THEREOF UPON THE REAL PROPERTY TO BE BENNEFITED THEREBY."
Motion by Councilman Lloyd, seconded by Councilman Young and carried, to waive
further reading of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt said resolution.
Motion carried on roll call vote as follows:
AYES: .Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
(Mayor Chappell introduced a member of the newly formed Youth Advisory Commission,
Commissioner Sheree Wilson.)
THE MAYOR RECESSED THE CITY COUNCIL.MEETING AT 8:20 P.M. AND RECONVENED AT 9:00 P.M.
(DURING THIS INTERIM A REDEVELOPMENT AGENCY MEETING WAS HELD.)
CITY MANAGER
AMERICAN INDIAN INSTITUTE Mr. Aiassa:
• REQUEST FOR SOLICITATION
You have a staff report on this item.
Councilman Nichols: Mr. Mayor, I have read the report and analyzed the figures
submitted and I would concur that there is some very sig-
nificant question as to whether this is a functioning
charitable orgainzation and because considerable doubt does remain in my mind I
would move that Council accept the staff recommendation.
CITY COUNCIL 11/8/71 Page Twelve
CITY MGR.: American Indian Institute
Mayor Chappell: We have a motion to deny this request, any
questions or discussion?
Motion carried.
CAL -POLY REQUEST Mr. Aiassa: I have one item not on
the agenda, because it
came in late today. We
have a request from students of Cal -Poly that want to sell candy
and the receipts are to be used for their float in the Rose Parade.
They are trying to raise funds and have a real go-getter organizing
this. They need a waiver of the business license fee. This is
their first request and I would suggest that we go through the
regular procedure and check them out and at our next meeting we
can make a firm recommendation.
So moved by Councilman Nichols.
Mayor Chappell: Our next meeting will be after November 15th,
the time they want to start selling candy.
(The representative of Cal -Poly was asked
to step forward and present his request.)
Steve Eischen It is not a waiver of the business license
Cal -Poly just a waiver of the Solicitor's License
and subsequent fees for Case No. 1, the Rose
Bowl tickets for Cal -Poly and the drawing which will be held on
the 27th and it ends on the 19th.
Mr. Aiassa: I would like to state that he is the first
student that actually came down and checked
the laws and is trying to proceed in
conformance with the laws.
Councilman Lloyd: You are setting a bad precedent, Mro Aiassa.
Councilman Young: I don't think this should give us much
trouble. I have kids coming by all the
time from the various high schools and if we
checked these all out - - well I. think this is a very commendable
thing that Mr. Eischen is involved in and I think we should waive
the solicitation fee and allow this to proceed and I so move for
Case No. 1.
Seconded by Councilman Shearer and carried.
Steve Eischen: Case II is a request to sell candy commencing
on or after November 15th and conclude on
December 10, 1971. We would not sell in
shopping centers or places in which commerce is conducted. The
reason for it ending on December loth is to give the merchants
of the City 15 days prior to Christmas to sell their merchandise
in this area.
Councilman Young: Mr. Mayor - may I ask a question? Are both
• of these activities sanctioned by the
administration of Cal -Poly?
Steve Eischen: The Rose Float is now and the other one
will be on Wednesday.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried, to approve waiver requested in Case No. II.
- 12 -
CITY COUNCIL 11/8/71
CITY MGR., - Cont°d.
Page Thirteen
•
RESOLUTION .NO. 4473 The City Attorney presented:
ADOPTED 11A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA CONSENTING TO JOINT
PUBLIC HEARING ON THE PROPOSED
REDEVELOPMENT PLAN FOR THE WEST COVINA CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT AUTHORIZING THE ESTABLISHING OF A DATE
THEREFOR AND PUBLICATION OF NOTICE OF JOINT PUBLIC HEARING."
Mr. Wakefield: This resolution will simply confirm the
action of the Redevelopment Agency and provide
for the joint public hearing.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to waive further reading of the body of the resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt
said resolution. Motion carried on roll call vote as follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
Mr. M. Wood I am here in behalf of the congregation of
Jewish Federation Council Temple Beth Ami of West Covina who are
590 North Vermont asking for permission to conduct a
Los Angeles, California 'Silent Vigil from li to 1 on
November 17th in front of City Hall. We
understand that the City Council has to pass on any requests
for such a procession. The purpose of this Vigil is to carry out
a feeling or an expression of solidity with the Jews in the
Soviet Union who wish to immigrate . Such Vigils have started on
October 14th in front of the City Hall in Los Angoples with the
Mayor and Council present, walking along the line, as well as on
October 19 with the Board of Supervisors of Los Angeles County.
Temple Beth Ami would like to follow suit and march in front of
the City Hall in West Covina.
1:ounciluan Lloyd: Mr. Mayor, I have a question. Why the people
of Temple Beth Ami dial not come in themselves
and make this request?
Mr. Wood: I have several of their people with me
but tonight there is a .large Board meeting
in progress otherwise Rabbi Krause and
other Board members would be here.
Councilman Young: Mr. Mayor, a question of the City Attorney.
Is it actually necessary for them to ask for
permission? Isn't there something in the
Constitution with regard to peaceable activity enabling them to
do this whether the Council approves or not?
Mr. Wakefield: The request for the procession or the Vigil
would not be necessary if it were being
conducted on the public streets or other
facilities of that sort, but insofar as the City Hall grounds
themselves are concerned the City Council has the right to approve
requests for the use of the grounds.
Motion by Councilman Young, seconded by Councilman Lloyd, that
approval be granted.
Mayor Chappell: I did want to say that Rabbi Krause talked
to me the other. day on this and he asked
13 -
CITY COUNCIL 11/8/71
ORAL COMMUNICATIONS m Cont°d.
Page Fourteen
that the City Council participate in the Vigil March if possible on
that date. The hour is 12 to lg the noon hour.
Councilman Lloyd: Mr. Mayor, I thought of one thing and I
would suggest to the Temple people if you
have anything like this go ahead and
• communicate with our staff and they can then brief us because we
will come in kind of cold on this thing.
Motion carried.
Mr. Wood: Thank you very much.
Mayor Chappell: Lots of luck to you on your Vigilo
Mr. Aiassa: Mr. Mayor, I would like to know if Council
has any objections to handling these things
under Oral Communications and if they should
appear orally before Council?
Mayor Chappell: They contacted me on Friday and I suggested
that they come before Council under Oral
Communications and explain it probably a
little more thoroughly than I could have. I think they handled
it well. Is there anyone else that would like to speak under
Oral Communications? If there is no one I will declare Oral
Communications closed.
MAYOR'S REPORTS
PROCLAMATIONS Mayor Chappell: I have been asked to
proclaim "Bible Week"
November 21-28, 1971.
If there are no ob3edti.ons I will so proclaim.
Councilman Nichols: I have given this a lot of thought and
probably it would be best if I remained
silent on it but I really wouldn't be
true to.myself if I did. I really don't feel that the proclama-
tion of Bible Week is the proper function of government in this
Nation. We do a lot of talking about separating the church and
the State and the Bible .is specific to two religions that I know
of and I really question whether it is our role to proclaim for
all of the citizens of West Covina that the week stated is Bible
Week. I don't want to be placed on the record as one out of five
Councilmen who is against God in West Covina. I think the Lord
understands what is in my heart.anyway, so I feel I am safe on
those grounds but I would say that I personally would not concur
with proclamations in the City that deal with religious matters.
Mayor Chappell: I have one objection and I will so proclaim
if I don't hear two.
Councilman Lloyd: I will support Councilman Nichols. If you
can get a third on it we can go forward.
Councilman Young: Out of respect to Councilman Nichols,
seniority on Council I will join with
him and suggest we withhold the proclama-
tion.
Councilman Shearer: That makes three and I am too late but I
would like a review of this and I am not
defending the Bible because I don't think
it needs defending, nor a week proclaimed after it, but I would
like a review of all proclamations that we have issued over the
past year, so we are not claimed discriminatory. I am sure we
M�
•
CITY HALL 11/8/71
PROCLAMATIONS - Cont°do
Page Fifteen
we will find some that have honored for example Jewish Week or
related to other religious activities and therefore I think we
should have a review of it. Proclamations aren't really worth
that much anyway.
Mayor Chappell: They don't get the greatest amount of
attention.
Councilman Lloyd: I think it will tonight.
Mayor Chappell: Let the record show that I attempted to
proclaim Bible Week and was voted down.
I have been asked to proclaim "Cancer
Education Week" - November 8-12, 1971. Once again hearing no
objections, I so proclaim.
I have also been asked to proclaim Toast
Masters Day in West Covina on November 17tho This is the Toast
Masters International founded 47 years ago with 3500 Toast Master
groups throughout the world including the one in West Covina
which is the West Winds 2436. If there are no objections,I will
so proclaim. (No objections, so proclaimed.)
COUNCIL COMMITTEE REPORTS
Councilman Shearer: I have two items, both having to do
primarily with the Redevelopment Agency.
Sometime between now and perhaps our
hearing date I am wondering if staff or in conjunction with the
Attorney for -the Redevelopment Agency could present a brief
report on what might happen to this project if something like the
Jarvis Amendment or Watson Amendment, which places a definite
ceiling on property tax, should be successful, which as I see it
would greatly erode our ability to finance this project.. I would
like to know what would happen if that is successful and it looks
to me like it might be successful.
Mr. Aiassao I think it should be referred to the City
Attorney because he is working directly
with the Redevelopment Counsel.
Mr. Wakefield: Yes, I will handle it.
Councilman Shearer: I would like to suggest that the agenda
be made available also to those people in
the audience. It might cost a few pennies
for printing.
Mr. Munsell: Councilman Shearer, there are agendas
on the podium.
Councilman Shearer: I am sorry I didn't see any in the back
of the room nor did I see any blue papers
in the audience so I assumed there were
none available.
Councilman Lloyd: I had a meeting today with the Claremont
Graduate School with regard to the
possibility of looking into a study on
the merger of the cities and I met with the Chairman of the
Government Department in the graduate school - Dr. George Blair,
and the Director of the Urban Studies Group, and they have indicated
they would be willing to consider a study at a cost of $23 500.
- 15 -
CITY COUNCIL 11-8-71
COUNCIL COMMITTEE REPORTS - Cont°de
Page Sixteen
•
The reason I did this of course was that there had been some
speculation as to the actual cost so I thought it was about time
to see what the actual cost might be in a study of the merger of
these two cities. They were actually very excited about it
from the point of view that surveys on Efficiency in Government
had been conducted both in England and Canada. So I guess at this
point we can say, contrary to some information that had been put
out that a study would cost $100,000, we now have a hard figure
by an organization that would be willing to take under considera-
tion such a study for the figure of $23,500.
You will note I am making no motion on this,
which would be a unilateral action on our part which would really
not be valid. I can say to you that I will get together with
staff and the Mayor and see if we can't have a joint meeting with
the people in Covina and see if they would actually be willing to
undertake such a study in conjunction with the City of West Covina.
Councilman Young:
I would move that
appropriate honor
Happy Homes area.
Mayor Chappell:
There is a staff recommendation that a'
plaque be presented to the United Methodist
Youth organization with the city seal, and
this be approved by the City Council as the
for this group for their teaching efforts in the
they should be honored
Seconded by Councilman Lloyd.
I see from the report given to us that they
were honored by the Parents Magazine. I
think that. .is something outstanding and
by this Council.
Motion carried on roll call vote as follows:
AYES: Shearer, Nichols„ Young, Lloyd, Chappell.
NOES: None
ABSENT: None
Councilman Young: And secondly, Mr. Mayor, consistent with our
earlier action this evening in which we
used the strong language of "disavow" the
movement of Los Angeles County to divide into two counties.
providing a San Gabriel Valley County, I would like to have the
Council consider a resolution addressed to the appropriate
legislative bodies urging that the present County Board of Super-
visors be enlarged by the number of 4 or 6 in order to provide
better representation by providing fewer constituents to be
represented by each Supervisor. Perhaps other matters could be
included in that resolution as they come to mind, but that would
be the basic resolution,- I would urge it be drafted and circulated
by this Council where appropriate.
Seconded by Councilman Nichols.
Councilman Shearer:- The exact resolution will come before us
at a later date?
Councilman Young: Yes, I would assume the City Attorney
would draft this resolution°
Mr. Wakefield: Yes I will do so, and as you know the
number of Supervisors are specified in
the County Charter and the physical means of
accomplishing the objective by Councilman Young would be for the
charter to be amended to provide for the additional number of
Supervisors desired. Amendments to the charter can be handled
through the initiative process or the Board of Supervisors itself
may initiate the proposal by having it placed on the ballot of any
statewide election
Motion Carried
=,16�
is
CITY COUNCIL 11/8/71 Page Seventeen
COUNCIL COMMITTEE REPORTS - Cont°d.
COVINA ANNEXATION NO, 48
Mayor Chappell: Mr. Aiassa, the letter received this
afternoon it states that the City Council
will be asked to go on record - are you
going to bring this up tonight? The letter to the Local Agency
Formation Commission.
Mr. Aiassa: Yes I was going to ask the Council to add
this item to the agenda, it came in late.
It is an annexation being proposed by the
City of Covina and the hearing date is set up on the 24th, but
the report is due prior, and I would like to have direction from
the Council to write a letter to LAFCO and to our Supervisors,
that they are annexing the freeway and it is causing some
difficult problems with the Freeway Widening contracts already
executed. I have contacted several of the people including
Frank Bonelli and they all seem to be ifi.agreement. So I would
like to have permission to send the letter stating that if
Covina is to annex that they annex only the porthern area of the land
involved, which is 3 lots, or to the center of the freeway and
then the City of West Covina will accept the south side and Covina
the north side. The reason it is important to the City of West
Covina is if the annexation is accepted as it is proposed
Covina would be actually involved with the frontage roads of the
City of West Covina on the south side.
Motion by Councilman Nichols that the staff letter be confirmed
as Council policy and the Council further authorize staff to
communicate -in the same vein to other sources that staff may
deem desirable at this time. Seconded by Councilman Lloyd and
carried.
Mr. Aiassa: One other item. We have not decided who
is responsible for the blue agenda for the
Redevelopment Agency. We will have to set
that. I will discuss it with staff.
DEMANDS Motion by Councilman Young, seconded by
Councilman Shearer, to approve demands
totalling $245,479.71 as listed on Demand Sheets B507 through B509
and total includes payroll. Motion carried on roll call vote as
follows:
AYES: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
ADJOURNMENT
ATTEST:
CITY CLERK
Motion by Councilman Lloyd, seconded by
Councilman Young and carried, to adjourn
meeting at 9:17 P.M.
APPROVED:
MAYOR
mym