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01-24-1972 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 24, 1972. The regular meeting of the Council was called to order at 7:30 p.m. • . by Mayor Ken Chappell in the West Covina City Council Chambers. The Pledge of Allegiance was given. Reverend John L. Reid, Jr., of the Community Presbyterian Church gave the invocation. ROLL CALL Present: Mayor Chappell; Councilmen:, Shearer, Nichols, Young,Lloyd Others Present: George Aiassa, City Manager H. R. Fast, Ass't. City Manager Richard Terzian, City Attorney Lela Preston, City Clerk George Zimmerman, City Engineer Richard Munsell, Planning Director Leonard Eliot, Controller Norm Stevens, Director of Rec. & Pks. VARIANCE APPLICATION Mayor Chappell: Before we move on to the NO. 668 Consent Calendar we have RENE' A. MADDOX a letter from the Maddox's asking for a 4 to 6 week postponement of this case that was supposed to be heard, tonight as a public hearing item in regard to their horse. I mention this now for those that are present tonight for this specific matter. I would ask the Council to act on this request at this time. Mr. Aiassa, when will this item be put back on the calendar? Mr. Aiassa: Either on March 13th or March 27th. Motion by Councilman Lloyd, seconded by Councilman Shearer and, carried, to hold over Variance Application No. 668 to the City Council meeting of March 27, 1972, at 8 P.M. Councilman Shearer: Mr. Aiassa: Mayor Chappell: Councilman Shearer: Mr. Aiassa: Mayor Chappell: PRESENTATION Mr. Mayor, a question. Will notices be sent out again or are notices sent out? Normally we do not send out notices on a matter of this kind, but at the request of the Council we will. I think we should, Mr. Aiassa. And particularly if the date is set at any other time than the 27th by action of the applicant. We can notify those that are normally notified for a regular hearing matter. Will the City Clerk please make note of that. Mr. Larry Jones AMERICAN PUBLIC WORKS Mayor Chappell and members of the Council, as past President of the ASSOC.. PROJECT.N0::66-1 American Public Works Associatoh;..I have the honor of making a presentation to the City of West Covina for leadership in promoting in the field of public works by joining with other public agencies in financing cooperative research projects. The expenditure of large sums of money and the services of highly qualified professionals are fre- n LJ CITY COUNCIL 1/24/72 Page Two PRESENTATION BY APWA quently required to conduct the comprehensive research needed to develop solutions to complex public works problems. Local govern- ments and public agencies usually do not have the professionals or funds available for solving such problems individually. Research and financing conducted on a cooperative basis appears to offer the most promising solutions. In July 1966 the APWA research foundation embarked on such a cooperative research program to help governments keep pace and in some cases anticipate the rapidly growing needs for workable approaches to public works problems. The program is specifically oriented towards finding solutions to public works problems commonly experienced in local and state governments. The APWA research foundation completed 16 public works projects totalling $1,965,000 during the past few years. Through these projects the foundaticn has been successful in bringing together the financial and manpower of the Federal government and numberous State and local agencies to focus on serious problems common to urban areas from coast to coast. The findings resulting from these studies have provided knowledge and techniques needed to improve public service in areas of waste disposal, air and water pollution, motor vehicle corrosion control, movement of traffic, public safety and other areas of service. The City of West Covina is one of the 178 government agencies in the United States and Canada being honored for its leadership in promoting research in public works. As one of the outstanding and progressive cities of this area it is with real pleasure that I present to you the Certificate of Appreciation on behalf of the APWA research foundation and the members of the Southern California Chapter. Mayor Chappell: Thank you. On behalf of the City of West Covina and our staff, who really made this available to the City, we thiank you very much for coming out and presenting this to us. CONSENT CALENDAR .Mayor -Chappell stated the procedure of the Consent Calendar items, and asked if the Council or anyone present had any comments on the following items: 1. WRITTEN_COMMUNTCATIONS a) CONVERSE, DAVIS & ASSOCIATES b) DONALD R. WEBBER 1205r W..., Cypress Ave., San Dimas c) GAYLE PONITZ, CAROL JONES LORI SHORE d) BOARD OF SUPERVISORS e) DENNIS E. DAVIS 1800 Jennifer Pl. West Covina Re: Proposal to conduct a foundation investigation for the Civic Center proposed Parking Structure. (Refer to City Manager agenda item #6.) Re: Complaint against service repair shops. (Refer to Chamber of Commerce.) Re: Letter soliciting and placing canisters for donations for the improvement of the San Gabriel, Valley Humane Society and obtaining part- time veterinarian. Re: Installation of 4-way stop sign at Sentous Avenue and Hollingworth Street. (Receive and file) Re: Complaint relating to problem with horseback riding in residential area. (Refer to staff) - 2 - CITY COUNCIL 1/24/72 CONSENT CALENDAR f) W. J. PASONICK 117 S. Juniper St. West Covina 2. PLANNING COMMISSION 3. RECREATION & PARKS COMM. 4. YOUTH ADVISORY COMMISSION 5. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS Page Three Re: Complaint problem of lighting system at D atsun Agency. (Refer to Staff) Summary of action, January 19, 1972. (Receive and file) Summary of action, January 11, 1972. (Receive and file) Summary of action, January 18, 1972. (Accept._. and file) TRACT 30399 Accept Street and Sewer Improvements, Donald L. Bren Company. Location: Southeast corner of Amar Road and Shadow Oak Drive. Accept street and sewer improvements and authorize release of the American Insurance Company Bond No. 7105490 in the amount of $79,000. Staff recommends acceptance. 6. TRAFFIC COMMITTEE MINUTES January 18, 1972. (Receive and file) Councilman Shearer: Mr. Mayor, I have three items. Items 1 (c) having to do with the request for solicitation for funds regarding the Humane Society. I only bring it up because on the Consent Calendar it has no recommendation. Mayor Chappell: It should be referred to staff . Will you please make that notation on your agenda - refer to staff. Councilman Shearer: Item 4 - Youth Advisory Commission. One of the items in the summary of action calls for a request for the expenditure of funds. The recommendation is that we receive and file. Will this allow the funds to be expended or does it require separate action by Council? Mr. Terzian: Yes, Councilman Shearer, it will City Attorney require separate action. Is there a warrant made out for that particular expenditure? Councilman Shearer: And when is this meeting between the Youth Advisory",-ommission and the South E1 Monte Council to be held? 4P Mr. Aiassa: I have not discussed this item with my staff as yet, but we do not have a budget for the Youth Advisory Commission as we do with the other Boards and Commissions in the City. This expenditure will have to be worked out and I would suggest that the item be held over. (Councilman Shearer asked Sheree Wilson, Commissioner of the Youth Advisory Commission, when the meeting was to be held and she advised that the meeting was already held., Mr. Aiassa then stated the expenditure would be taken care'of by probably the personal contribu- tion of someone.) - 3 - CITY COUNCIL 1/24/72 Page Four CONSENT CALENDAR Councilman Shearer: The last item is on the Traffic Committee minutes, Item No. 8 of the minutes. The recommendation includes the completion of the sidewalk construction and the • removal of the sidewalk crossing. Mr. Mayor, should I make my point on this matter now or should the item be withdrawn for discussion later on? Mayor Chappell: It can be withdrawn. Councilman Shearer: I would request that the Traffic Committee's minutes Item No. 8 be withdrawn. Mayor Chappell: Hearing no objections we will withdraw Item 8 relating to the Traffic Committee minutes. Councilman Young: Mr. Mayor, I wanted to speak with regard to the Youth Advisory Commission. I was at the meeting when this expendi- ture was discussed and I was quite impressed with the discussion and assured the Commissioners of at least one vote in favor of this expendi- ture and I shall keep the faith. I think Mr. Stearns, the advisor, picked up the tab for the luncheon and was quite willing to absorb it and would be horribly embarrassed at it becoming an issue at this particular point. In any event I think he should be reimbursed. Mr. Aiassa: I prefer, Councilman Young, to work this out. I believe the City Attorney will advise you before any expenditures can be made from the'public funds (that are not budgeted) it has to have approval by the Council. Councilman Young: That is thoroughly understood that it comes before the Council and I even committed a vote in favor of the expenditure when it gets here - - but you just as soon not have it now? Mr. Aiassa: That is right because the action should have taken place before the expenditure took place. Mayor Chappell: This was their first exposure to this type of thing - Mr. Aiassa, so I think you will bring.it back to us so we might voice on it at our next meeting. Mr. Aiassa: This may end up an expenditure out of my own pocket, I certainly don't want anyone embarrassed over it. Councilman Young: Mr. Mayor, with respect to Written Communications, Items (b), (e), and (f). I agree with the recommendations at this particular point but these are items that I think we might treat routinely as part of the Consent Calendar and then tend to neglect. I would like to urge upon staff particularly their prompt attention to these items and a prompt report back to Council within another meeting or two. Mayor Chappell: Fine. We will expect that information back to us by our next regular meeting. Councilman Nichols: I would concur particuarly in Item (f). 4 - CITY COUNCIL 1/24/72 Page Five CONSENT CALENDAR That would seem to be the type of problem that could already have been aggressively pursued by staff for an immediate solution. The implica- tion is that there is a violation of the precise plan and we shouldn't have to wait until citizens state they have been to the Planning Department and complained and carried on and then finally must write a • letter to the City Council. One of the big complaints -citizens have, and legitimately so, is that people come before our government and seek opportunities to develop and we make great promises for protect- ing the single-family neighborhoods and then after the permission is granted sometimes those promises are forgotten. Now is the time for all good staff members to come to the aid of the residents around the Datsun Agency. I would also like to ask that Item 4 of the Traffic Committee minutes be held over pending an explanation of what "all red intervals" are in the traffic signalization program. I am rather ignorant of that and I would like to know something about it before I vote on it. Mayor Chappell: Item 4 and Item 8 of the minutes of the Traffic Committee meeting will be held for discussion later this evening. Motion by Councilman Young to approve Consent Calendar items with the exceptions noted. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None RESOLUTIONS RESOLUTION NO. 4507 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A GRANT DEED EXECUTED BY VIVIAN CURTIS, A WIDOW, AND DIRECTING THE RECORDATION THEREOF." RESOLUTION NO. 4508 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA ASCERTAINING THE GENERAL PRE- VAILING RATE PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY." RESOLUTION NO. 4509 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 613 (Thomas W. Ellis)." Mbtion:by.Councilman Lloyd, seconded by Councilman Young and carried, to waive further reading of the body of said resolutions. 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 10 AWARD OF BIDS BID NO. 72-51 Bids received in the office of the RADIO CONTROL PANEL Purchasing Agent Wednesday, January FOR POLICE DISPATCH CONSOLE 12, 1972, and thereafter publicly opened and read. The City Clerk stated the following bids were received: Varius Electronics $4,728.00 Mobile Radio 9,107.72 Councilman Lloyd: A question, Mr. Mayor. Where is Varius Electronics located? - 5 - CITY COUNCIL 1/24/72 Page Six AWARD OF BIDS: #72-51 Mr. Eliot: They are located in the City of Covina. Controller Councilman Lloyd: Then I have a small problem. My son just went to work for them. 'Mr. City Attorney • would there be a conflict of interest? Mr. Terzian: Not in a legal sense, but since you do have a City Attorney close relative employed there it would probably be better for you to abstain. Motion by Councilman Shearer, seconded by Councilman Young, that the City Council waive the bid bond requirement and the Purchasing Agent be instructed to award a purchase order, in accordance with Bid #72-52 to Varius Electronics for a radio control panel for the police dispatch console in the amount of $4,728.00. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Chappell NOES: None ABSENT: None ABSTAIN: Councilman Lloyd PUBLIC WORKS PROJECT NO. 152-69019 LOCATION: Del Norte Park and PARK SECURITY LIGHTING Walmerado Park Council reviewed report of Recreation and Parks Director. Motion by Councilman Lloyd, seconded by Councilman Young, that City Council approve security lighting plans and specifications for Del Norte and Walmerado Parks and authorize the Recreation & Park Department to call for bids for Phase I Security Lighting for Del Norte and Walmerado Parks. Councilman Lloyd: A question of Mr. Aiassa. I know we budgeted money for park security lighting - is this part of that budget and where do we stand on it? Mr. Aiassa: This was the money that was actually a part of the 10e, park tax and at that time we earmarked a portion of it for security lighting. Councilman Lloyd: This report refers to Phase I - is this still Phase I and what was th, total amount of money involved? Mr. Fast: Mr. Mayor and members of Council, the designation of Phase I may be somewhat mis- leading. Let me recall the criteria established for park lighting. It was determined the City could not aff6fd to go into full lighting of the parks which would involve the activity areas, therefore we cut it back to only that amount that was satisfactory and suitable for security lighting only and we called so that Phase I. In terms of funding the.$36,000 indicated in the report is the remaining funds that are left for lighting, but.all of it only at a security level. Councilman Lloyd: In other words the program is cut back and is this part of the'imatching fund program? Mr. Fast: No that was completed approximately 9 months ago. - 6 - CITY COUNCIL 1/24/72 AWARD OF BIDS: #72-51 Councilman Shearer: we didn't have to go quite a bit of money. • Mayor Chappell: Page Seven Mr Mayor. I would like to comment that I am glad to see that the plans and specifica- tions of this were produced by staff and that through a consultant on this. We probably saved Yes we save quite a bit of money on things like this done inhouse. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None PROJECT NO. 152-69018-16 LOCATION: Galster Park. PERGOLA AT GALSTER PARK Council reviewed report of Recreati�l and Parks Director. Councilman Lloyd: A point of order, Mr. Mayor. Mr. Aiassa, haven't we already gone through all of this previously and approved the plans and specifications and I objected to its construction and you said the money was already allocated and we had no choice - - and now all of a sudden we have to approve it again? Mr. Aiassa: Well you have to approve plans and specifica- tions, this is a Council requirement before we can call for bids. Councilman Lloyd: I thought that was done. What did we vote on that night - the money allocation? Mr. Aiassa: We authorized the allocation of the money and at that time it was discussed whether we could hold off and use the funds somewhere else. Councilman Lloyd: That's right. Thanks very much, Mr.. Aiassa. Motion by Councilman Young that the City Council approve the plans and specifications for City Project No. 152-69018-16, for the con- struction of a pergola at Galster Park, and authorize the Recreation and Park Department to call for bids. Seconded by Councilman Shearer and carried. (Mayor Chappell then noted that in the audience a class from Hollencrest School reviewing Government in Action. He asked that the students stand up and be recognized, and further commented it would be very nice to see more of this from time to time. This was the idea of the teacher = Mrs. Tanner - the involvement of students and"we thank you all for attending." ) PUBLIC HEARINGS (Mayor Chappell advised the audience again that the public hearing scheduled on the Maddox horse matter was held over at the applicant's so request to the Council meeting of March 27, 1972.) 1971-72 SUPPLEMENTAL WEED LOCATION: Various throughout the City & RUBBISH ABATEMENT PROGRAM Council reviewed Engineer's report. PROTEST HEARING Mayor Chappell: This matter is set for hearing on this date for protests or objections from property owners and other interested parties by Resolution of Intention No. 4504 adopted January 10, 1972. Madam City Clerk do you .have the Affidavit of Mailing? - 7 - CITY COUNCIL 1/24/72 Page Eight PUB. HEARINGS: 1971-72 SUPPLEMENTAL WEED & RUBBISH ABATEMENT PROGRAM Lela Preston: Yes, I do. City Clerk Motion by Councilman Young, seconded by Councilman Lloyd and carried, to receive and file Affidavit of Mailing. Mayor Chappell: Madam City Clerk have you received any written protests or objections against the performing of this work? Lela Preston: City Clerk No, I have not. THIS IS THE TIME AND PLACE FOR THE PROTEST HEARING OR OBJECTIONS RELATIVE TO THE PROPOSED WORK. THERE WERE NO PROTESTS OR OBJECTIONS. 'HEARING CLOSED. Motion by Councilman Lloyd, seconded by Councilman Young and carried, to authorize City Engineer to proceed with abatement of weeds and rubbish on those properties described in Resolution of Intention No. 4504. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change Application No. 457 - Thomas W. Ellis)." Motion by Councilman Shearer, seconded by Councilman Lloyd and carried., to waive further reading of the Ordinance. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to introduce said Ordinance. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3191 OF THE WEST COVINA MUNICIPAL CODE RELATING TO A DECREASE IN MAXIMUM SPEED LIMITS. (Gemini & Giano Sts.)1 Motion by Councilman Shearer, seconded by Councilman Young and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to introduce said Ordinance. ORDINANCE NO. 1183 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ANNEXATION TO, INCORPORATING IN, AND MAKING A PART OF SAID CITY OF WEST COVINA, CERTAIN TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO,,KNOWN AS °SOUTHERLY ANNEXATION NO. 216p1. (location: San Jose School.) Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of the body of said Ordinance. CITY COUNCIL 1/24/72 Page Nine CITY ATTORNEY: Ordinance No. 1183 Motion by Councilman Young, seconded by Councilman Lloyd, that City Council adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell • NOES: None ABSENT: None RESOLUTION NO. 4510 The City Attorney presented: ADOPTED "A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF WEST COVINA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 11, 1972. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of the body of said Resolution. Motion by Councilman Lloyd, 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 RESOLUTION NO. 4511 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 11TH DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES." Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive the reading of the body of said Resolution. Motion by Councilman Lloyd, 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 RESOLUTION NO. 4512 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION VII OF RESOLUTION NO. 1277 RELATING TO THE LIST AND NUMBER OF AUTHORIZED POSITIONS AND SALARY RANGES APPLICABLE THERETO." Motion by Councilman Lloyd, seconded by Councilman Young and carried, to waive further reading of the body of said Resolution. so Motion by Councilman Lloyd, 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 RESOLUTION NO. 4513 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING ASSESSMENT INFORMA- TION FROM THE 1972-73 ASSESSMENT ROLL." Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of the body of said Resolution. - 9 - CITY COUNCIL 1/24/72 CITY ATTORNEY: Resolution No. 4513 Page Ten Motion by Councilman Lloyd, 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 REQUEST FOR APPROVAL AND AUTHORITY TO TRANSMIT PROPOSED ASSEMBLY CON- CURRENT RESOLUTION RE: EXCESS PARCELS TO THE CITY'S LEGISLATIVE REPRESENTATIVES IN SACRAMENTO Mr. Terzian: It is my understanding that the Council request- ed a concurrent resolution re excess parcels in connection with the widening of the San Bernardino Freeway for transmission to the representatives in Sacramento. It is prepared and the only action would be to transmit it. Motion by Councilman Lloyd, seconded by Councilman Young, that the resolution be forwarded to the appropriate governmental agencies. Councilman Shearer: Mr. Mayor, I will abstain from voting on it and for that reason would like a roll call vote. I would also like to comment, particularly in view of a recent publication of a report by what is commonly called the "little Hoover Commission" seriously attacking the administration of the State's excess property and one of the points covered was just what we are asking to be done and that is holding parcels because they might be necessary. What I am saying is I am in favor of it although, of course, I will abstain in my vote, but our chances of getting through weren't very good a week ago and even less today. So in that regard I would urge staff not to sit back and figure they have at least 2 years; ito= continue to work out, assuming excess parcels will be sold expeditiously as urged by the Hoover Commission and where either by law, practice, or policy, the properties are in conflict with the best interests of the City that we continue to work for resolutions for those, not relying that we have 2 years or longer to negotiate, because I don't believe we will. Motion carried on roll call vote as follows: AYES: Councilmen: Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ABSTAIN: Councilman Shearer BURKE, WILLIAMS AND SORENSON Mr. Terzian: Mr. Mayor, the last STATEMENT item is the presenta- tion of the statement as indicated on the agenda. Motion by Councilman Lloyd that Burke, Williams and Sorenson be award- ed $720.00 for Redevelopment Agency documents and special meetings; $240.00 for the dissolution of zones for Woodside Village Maintenance District #1; and $360.00 for the West Covina Sewer Maintenance District annexation. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ORAL COMMUNICATIONS John M. Palokavic I would like very much to bring to the Council's 236 S. Myrtle St. attention the fact that there are a very large West Covina group of concerned citizens in the area of the E1 Dorado School, concerned with the perhaps strongly rumored closing of the El Dorado School. This was first brought to our attention, the concerned parents, about a week ago today. And in that one short week we have - 10 - CITY COUNCIL 1/24/72 Page Eleven ORAL COMMUNICATIONS gained the support of in excess of one thousand concerned parents. Realizing we approach the Council in somewhat of a backward position because the School Board is meeting tomorrow evening but we would nonetheless beg the Council's support at least to the degree that the members of the School Board are made aware.of the concerned • parents. It is our understanding and from what information we have been able to glean in our investigation that E1 Dorado has probably the highest IQ of students in the West Covina School District. And despite the fact that it borders on Azusa Avenue there has not been one accident concerning any of the children as a result of traffic. We understand one of the reasons for closing the school is financial; however, we are confident that our investiga- tion will show that the closing of the school may not be a realistic problem, that there are manners of saving funds by other means. I might further inform the Council that there has been a Committee formed of concerned citizens, I am Co-chairman and..Mrs:_:_:Haskell is Cha-irhian;.of::.the Boardl;.andt.::sheY is. present<,,-tbn 4ht.. _ .We'-wb.uld :,ask --Council to lend us support inasmuch as it is a community problem. The school itself is more than just a school to this particular area of the community, it is a very basic part of the West Covina community. It houses a little League field next door, a very popular place. I don't know where else that many people could get that concerned in that short of a time. And when I indicate we do have the support of thousands I mean that literally. That in itself is an indication of the concern of the parents. We would ask the Council if by resolution or letter or whatever manner it chooses that it lend support to the Board for the obviously expressed opposed closing of the School, if it is to be closed. I would be happy to answer any questions. Councilman Lloyd: I have no questions, I understand your problem and your concern. You are aware, I am sure, that this body does not have any jurisdictional function over the School District. We can't decide to keep the school open or closed. Mr. Palokavic: I might indicate we are painfully aware of it. Councilman Young: I think you know because I talked to all the Councilmen today that I suggested this presentation be made by whatever representa- tive the Committee choose, and it is good to see my friend John Palokavic making it. I am sure the City Council is as concerned as anyone regarding the welfare of our children, educationally, safety wise, convenience wise, etc., but we are dealing with a coordinate political entity. I would say for myself, and I daresay I might be reflecting the views of my fellow Councilmen, although they can speak for themselves if they so choose, we prefer to see all the schools continue serving the neighborhoods around them. I am sure the School Board is aware or will be aware of our personal feelings in this respect, whether there is any political or policy type pressure to bring to bear or that would be appropriate, I am not prepared to say. I mentioned it to the City Attorney and he is not aware of an appropriate avenue that we might bring pressure to bear to keep the school open. Obviously we would like to see it happen. Obviously also we have to keep in mind the changing population patterns and the changing patterns of youth that have to be served and that some alternate adjustments will have to be made over the years in our school services as in our other services. Councilman Nichols: I would like to say that this is one of those rare occasions when I think on my CITY COUNCIL 1/24/72 Page Twelve ORAL COMMUNICATIONS part, as a school principal in the community and responsible to that particular Board of Education, that wisdom would be the better part of my judgment and I really don't intend to play any role whatsoever in this discussion and let my muteness be testimony to the wisdom and not to my lack of intelligence. . The only other observation I would make is that as the principal of California Elementary School I would have to take strong exception to any rumors that you have heard that E1 Dorado School is the most brillant in this School District. Mr. Palokavic: I meant to include "with the exception of..". Councilman Shearer: Not having heard any thing other than rumors and I did read this in the newspaper about a week ago and until this afternoon when I was contacted by Councilman Young, I didn't realize it had got to this point. I don't feel that I can go on record recommending to the School Board that they not close the school until I have heard their reasons as to why they are proposing or not proposing this. At this point I would support a motion urging the School Board, if they are going to make this in the form of a proposal, that they conduct a hearing to hear the feelings (and I am sure they will) of the community and perhaps after hearing it, if we would like to take an action as a Council we might but I will not vote supporting an action saying to the School Board tomorrow - close or not close - merely to give consideration to all of the desires of those people that Mr. Palokavic represents. Mayor Chappell: I might point out that you have elected officials at the School Board level which are certainly receptive to this type of presentation. Having served there for 5 years I know they will certainly examine all of the avenues in the area of closing the school - if it is necessary to close - before doing so. We, in our position, can't make any decision, because they have the facts and all we have is rumors at this time. I would suggest, if possible, you do the same thing tomorrow evening at the School Board meeting,., request to be put on their agenda and make this presentation to them and let them know h-bw you feel so when they make their study they can examine it a little more thoroughly then they might otherwise. I do remember one area when we were talking about the Freeway moving in that area, to .the right or left of the school, and that school was proposed to remain open and the School Board at that time had some things to say about the Freeway that was proposing to go between West Covina High and the School, because some of the property was to be taken off of the school. So for what that might be worth - it might help or not help. I think you have heard the Councils' opinions. Councilman Lloyd - Councilman Lloyd: Thank you, Mr Mayor. I really sympathize and empathize with the group who has come here because the frustration they are expressing is indicative of the problems in education and certainly this Council is not about to embark on any dissertation in that area. We have learned men that have been duly'elected. However, since I too have cried out against the fact that the monies allocated as a result of the property taxes, the tremendous inequities that exists in the total of the Los Angeles basin where one school district has an ADA of $6.50 and another one $14.00 a day. It is time all people in all governmental levels take a firm stand and say we need equity. In reality what we are saying is we are really concerned; I am concerned not only as a citizen but as one of the people involved in this community as a legislative leader and I say very clearly that we must stop saying that education equates with property. We must see that onecchi1d should be given an equal opportunity with every other child, at 12 - CITY COUNCIL 1/24/72 Page Thirteen ORAL COMMUNICATIONS least as far as the economics of education are concerned and this is really very important and I think this is really what you are saying. Why should somebody in Beverly Hills get their kid transported to and - from picnics when you can't even have a school as close as possible so your children will not be subjected not only to a long walk but one which may be fraught with some dangers. I would be willing to make a motion, with the concurrence of Councilman Young, that we do recommend to the School Board that they seek every possible opportunity to find an equitable solution to the problems which you are presenting and I will so move. . Seconded by Councilman Young and carried. Councilman Nichols abstained from voting. Sheree Wilson (Commissioner on the Youth Advisory Commission.) 2017 Owen Place Mr. Mayor and members of Council I would like West Covina to address a few words to the children present tonight. I think some of the people in the community are fully aware that we have a newly formed Youth Advisory Commission in our City, formed to serve youth. Not very many young people show up .at our meetings so I would like to make it known and invite all of you and your teachers to participate, as well as the citizens of the community. If it isn't going to have the backing;of :the youth in the community then it is something I don't want to be a part of. You have to have.the feelings of the community. Our meetings are ,the third Tuesday of each month and it is open to all and I think youwill find it informative. We hope you will come. Thank you. Mayor Chappell: Sheree, I do want to say one thing at this time, please do not get discouraged at the poor attendance so soon because you have a lot of topics to discuss and I am sure as you go along you will .become known and you will get more people attending. Many Council meetings are poorly attended. So have patience - that is the name of the game. (A question from the audience asked what age group does this cover and Mayor Chappell stated the Youth Advisory Commission deals with all of the youth of the community; from the age of 5 on up to 21.) James Kaelin Mr. Mayor and members of Council I would 611 So. St. Malo like to address a question. I am here West Covina representing"the Edgewood High School newspaper. Where exactly does the Redevelopment Agency plan -to relocate the Star Dust Bowl, which is in the area of the redevelopment program? Mayor Chappell: At the present time we can't answer this question because no decisions have been made on any portion of the Plaza area. At the time we do have information I will contact your father, so you may come in and represent your newspaper. At the present time nothing has been done in that area. . Councilman Young: Would the Redevelopment Agency have any plans ever to relocate the Star Dust Bowl in this location? Isn't that an issue to be resolved by the manager of the Star Dust Bowl perhaps working ip conjunction with the Agency and the City? Mayor Chappell: I think the owner of the Star Dust Bowl would have the final say of where he invests his money. I am not an attorney but I think the owner would have the final say. We can certainly encourage him - 13 - CITY COUNCIL 1/24/72 ORAL COMMUNICATIONS Page Fourteen but we can't say you will relocate here or there, he may just take his money and put it in his pocket and go. But nothing has been decided on any portion of the Plaza area including the Star Dust Bowl. James Kaelin: I would like to hand the Council 70 names and addresses of people that have signed the petition,regarding Star Dust Bowl to leave it where it is. Councilman Shearer: Mr. Mayor, it would appear to me that from all of the support that has come out of the community for the Star Dust Bowl tonight and at our last meeting that if the present owners don't decide to relocate somebody will come up with the money and build a bowling alley in that area. I think that will be the deciding factor - economics. There appears to be an awful lot of support there, Mr. Aiassa: Mr. Mayor - there is also one other item, the acquisition of the structure itself will be determined by'the Redevelopment Agency or by private individuals and if severance damage is higher than the man wants to pay he may seek on his own to relocate the bowling alley in lieu of. This is strictly between the owner and the Redevelopment Agency or the individual owner that will buy it. THE CHAIR CALLED A RECESS AT 8:30 p.m. COUNCIL RECONVENED AT 8:55 p.m. COUNCIL MEETING AGAIN RECONVENED FOR THE PRPOSE OF OPENING THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 9:10 P.M. CITY MANAGER SCAG - INDEPENDENT Mr. Aiassa: Council has received a CITIES REPORT & STAFF written recommendation along RECOMMENDATION with a copy of the resolution. Motion by Councilman Lloyd, seconded by Councilman Young and carried, supporting the Independent Cities resolution and to authorize the Mayor to vote in favor of it at the appropriate Independent Cities of Los Angeles County meeting. RADAR REPORT Councilman Young: Mr. Mayor, I note a POLICE DEPARTMENT recommendation from the Police Department that the restrictions placed by the Council be lifted relating to the use of radar. I think I would be prepared to support that recommendation. I think based on the report the Police Chief has made, it is obvious that radar is performing well. I have not heard any citizen complaints about it and perhaps I; would be in as good or a better position to hear these complaints. I would like to see this program expanded and hopefully this type program might avoid the unfortunate events that occurred recently in an accident between one of our police units and a citizen that was killed. It appears to be a worthy program and we are past the experimental stage and I would recommend that initially the Police Chief's recommendation be followed insofar as the lesS-re�;tri,ctmve-,•policy relative to the application of the unit. Seconded by Councilman Lloyd. Councilman Nichols: Mr. Mayor, I would be prepared to vote for the motion if my understanding of the motion is confirmed by Councilman Young. The Chief has stated in quotes here repeating his original recommendation - - 14 - CITY COUNCIL 1/24/72 Page Fifteen CITY MGR.: RADAR REPORT "that the Department has no intention of reassigning patrol personnel for radar enforcement purposes, its use would be only as an adjunct to our current regulations and then only on a selective basis." Is the extending of this authority, that is the granting of the Chief discretion to use radar within the framework of this • recommendation? Councilman Young: The intent of the motion is to encompass the framework of the Chief's recommendation, it is not to go beyond that recommendation, nor is it to be less restrictive. Actually the recommendation isn't specific enough. I think the motion simply endorses the Chief's position and inherently we would expect a further report on what he has in mind. Councilman Nichols: The reason I bring up the point is not because of any particulaf"philosophical difference that I have between yourself or any one else that might or might not advocate the use of radar, but the City according to my understanding is not equipped at the present time for the widespread use of radar. We have very limited facilities and there is nothing in the current budget which would enable the City to greatly expand radar on a short term basis and if the Council were coming up with what amounted to a recommendation for general traffic use enforcement of radar we should also be looking back at our budget that provide the funds to make that possible. Is that correct, Mr. Aiassa? Mr. Aiassa: Yes. As Council remembers when we instigated radar use it was on specific streets and in specific areas. I believe the Chief would like to use it in areas that we have promiscuous speeding, otherwise the Chief would not use it in public areas for limited or even short periods. The only comment I have is that we have and will continue to use the radar unit only in the black and white car. We did have some complaints when we ran it one night in a brown vehicle. I will also work closely with the Chief to be sure that we do not abuse the use of radar. We have only one unit so it won't be expanded too far. Councilman Shearer: I will vote for the motion - - it was my understanding the recommendation was that the Chief was to be allowed to use it any where in the City that he felt it was necessary, and I don't understand how it might be abused because if you are speeding you are speeding. One last question of the City Attorney. In some cities I have seen signs posted to the effect that"for your protection we use radar" -'is that a legal requirement that we have to post all .entrances to the city stating that we use radar? Mr. Terzian: I know most cities do, but I don't know if City Attorney it is a.legal requirement. I will check it. Councilman Shearer: I would like you to check it and if it is not a legal requirement I would hope we don't do it. Mr. Terzian: One reason the Cities do it is because it City Attorney has a strong enforcement effect, it tends to slow traffic down throughout the City. . I will find out for you. Mr. Aiassa: Mr. Mayor, I think I can answer Mr. Shearer's question. Mr. Wakefield did research it when we started using the one unit and it is not mandatory to post. It is more of a courtesy to advise the people - 15 - CITY COUNCIL 1/24/72 CITY MGR.: RADAR REPORT Page Sixteen entering the City that radar is being used. I believe Mr. Wakefield did research it, but we will double check, although we wouldn't have used it without posting if it were a requirement. That was one of the questions I personally asked at that time. Motion carried. LEAGUE COMMITTEE ON Mr. Aiassa: I attended the League REVENUE & TAXATION meeting in San Francisco this morning of the Revenue and Taxation Advisory Board and I will have a written report for the Council. My item is a budgeted one and there was only a plane fare and one meal. And I did receive Council permission to attend before I left the City. We discussed almost all of the 14 items and I believe that the 1972 legislature is going to be a rather trying one for not only cities but for all other agencies and we are now in the throes of some pretty difficult problems. The Committee spent all day going through the items and I will make copies of it for the Council. Mayor Chappell: This was one of the items that Mr. Aiassa polled each Councilman separately and was given approval and we are now verifying that approval for the record. Motion by Councilman Lloyd, seconded by Councilman Young, that Council authorize Mr. Aiassa's attendance at the League meeting and the cost not to exceed. the cost of a plane fare and one meal. Councilman Young: Does that put him in the same category as the $8.20 for the Youth Advisory Commission? Mr. Aiassa: No there is one difference. The City Manager's allowance is permitted and is in the budget and the City Manager would inform the City Council that he paid the $8.20 to the Youth Advisory Commission so they are now clear of any obligations to commitments, and the point will be made to the Youth Advisory Commission that they make no future expenditures without coming before the Council first. AYES: Councilmen: NOES: None ABSENT: None VETERAN'S ADDRESSING SERVICE Motion carried on roll call vote as follows: Shearer, Nichols, Young, Lloyd, Chappell Mr. Aiassa: for a youth program back in 1965, I Council wants to change their policy Council made, a positive stand on this sometime back, we were going to use the house numbering painting believe, and I don't know if or not. Councilman Nichols: I think we have some of the most poorly identified residences in the San Gabriel Valley in our own community here, at least in terms of curb identification. It is true that the Council has in the past indicated we would like to reserve this opportunity to our youth but it seems to me that our youth have been very significantly absent on the streets as far as painting curbs. There are some 18,000 residences in West Covina,"the City is growing all the time, and it may be (perhaps Mrs. Preston you can enlighten me) there may be some youth groups that are painting but there appears to be far more than enough business to go around and I feel if we wait too many more years for our youth td paint - 16 _ CITY COUNCIL 1/24/72 Page Seventeen CITY MGR.: VETERAN'S ADDRESSING SERVICE there will be no numbers left to paint. I really think we are at the point where we ought to let any legitimate firm come in to the City and do the painting. Mayor Chappell: This might be an area we could pass on to the Youth Advisory Commission. They were looking for jobs for the students in the community, this may be an area they could have some sort of organization made out and paint the curbs. Councilman Nichols: This has happened before, various groups come in and ask and we say "fine" and maybe a few houses are done or a block or two, but I think all of us can move about the City and see very clearly that there is very little painting done. I know there has been no request at my home to paint the curb in the last 5 years and I would like very much to get it done. It doesn't appear to me that offering this firm the chance to come into the City is going to be taking the bread from the mouths of youth but if there is any possibility that our own youths would get moving I would be all for it. I am only saying I think we are approaching the point where we have to consider the reality of it acid at least give our citizens a chance to have this service provided for them by someone. Councilman Shearer: Perhaps the Youth Advisory Commission as already stated can pursue this, but if it turns out there are not enough young people interested in this type of work something should be done. However, I don't like the method of operation of the organization called "Veteran's Addressing Service." I don't think most people will obviously say this is a veteran's organization like VFW and having the curb already painted and someone coming to my door and saying that I painted your curb and now I would like to receive a donation. I don't like that type of operation. I don't really like to receive neck ties in the mail along with a letter saying either send back or send us money. Granted that gets the curb painted but to me I personally resent that type of a solicitation or as they call it a donation, sounding as though it were a charitable organization, when in fact as the report indicates to us it is not a charitable organization. I don't like that method of doing business, so youth or not, I would not let these people come in and do it under this type of arrangement. If we feel it is something that should be done in West Covina where every curb should be painted perhaps it should be undertaken as a City Project. Councilman Young: May be we could declare the whole City a Special Assessment District and get a $1.00 from each resident and turn the whole project over to the Youth Advisory Commission with instructions to carry it out. Mr. Aiassa: They are having a special meeting on February 1 and if we carry this matter over to our next meeting February 14th, it will give them a chance to look it over and discuss it. They are looking for jobs and they are working with the Fire Department and other agencies for contacts and I know several of the youngsters in the last 4 or 5 years have undertaken a pretty good project and at 50(,' per house it is not a bad project. Motion by Councilman Lloyd, seconded by Councilman Young and carried, to hold this item over to February 14, 1972, meeting of the Council. Councilman Young: Mr. Mayor. I would like to see a summary of our remarks, particularly Mr. Nichols' - 17 - CITY COUNCIL 1/24/72 CITY MGR: VETERAN°s ADDRESSING SERVICE Page Eighteen remarks made available to the Youth Advisory Commission..when this is discussed. Can this be done? I think it would be very helpful. Mr. Aiassa: Yes, we will do that. WILLIAMS & MOCINE Motion by Councilman Young, seconded by STATEMENT Councilman Lloyd, authorizing the payment of Williams & Mocine Statement in the amount of $600.00. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None PROPOSAL BY CONVERSE, Mr. Aiassa: This is a proposal by DAVIS & ASSOCIATES Converse, Davis & Associates, to conduct foundation investigation for the Civic Center parking structure. You do have a written report with a recommendation. Mr. Fast, this is the same firm that did the Civic Center? Mr. Fast: Yes, it is. Councilman Young: Mr. City Attorney is there any legal situation with regard to requesting competi- tive bids on this item? Mr. Terzian: I will look into it. If you want an answer City Attorney now I didn't know there was a question about it. Mr. Aiassa: I can say that most of these firms like architect firms feel their profession is not bidable. If you want us to consult other soil consultants we can, but we contacted this firm because they did the overall analysis for the structures we are now occupying and they have an understanding of the location, soil condition, etc. Councilman Young: I know this firm and I like this firm - but I would like to be like gaesar' s . wiffe;_i.n ,ahe approach to it, on that account I would prefer some knowledgeable representation that this is abetter deal than we can get anywhere else. I would really prefer that. I am willing to go along with this subject to the approval of the City Attorney that it is a proper ;:proceeding and research can be done on it later if it is passed. As a general policy I think we ought to be reasonably assured that we are saving money if we don't put things out.to bid. Mr. Aiassa: In other words it would be your suggestion that we contact other organizations that do this kind of foundation analysis, an investigate on a comparison basis? Councilman Young: Yes, see what their rates would be. Mr. Aiassa: The only thing is we are fighting a time element on it, but if this is agreeable to soCouncil I will be glad to do that. Councilman Young: I would so move. My motion would be that prior to the acceptance of the recommendation on Converse, Davis & Associates, that contact be made with other firms in this particular field to determine their prices for conducting the investigation required. Seconded by Councilman Lloyd. Councilman Lloyd: Is there a deadline date to be included? ' -*M CITY COUNCIL 1/24/72 Page Nineteen CITY.MGR.: CONVERSE, DAVIS & ASSOC. Mr. Aiassa: The sooner the better, but we will see that we get some comparison bids. Councilman Shearer: I am opposed to this type of a situation, whether it be an engineer, architect, attorney, or public relations firms, we are not contracting for a product that we can look at and say this does meet the plan because it is so long or so high, or green when we specified green. The quality of the work can only be judged by someone else looking at it and here we are asking for a man to analyze in this case - dirt, and come up with some recommendations with regard to foundations, etc. And to do that on a low bid basis I think is not wise. We don't do this in respect to other consultants that we hire. We have a man here that has done good work, to my knowledge City Hall is not sunk on any corner, it is still standing. For that reason, if I can convince two others to vote "no" on this I will reintroduce a motion to approve the staff recommendation. Councilman Nichols: It seems to me that when you are dealing with an architect or with an engineering firm or with a number of the other type of professional services that have come to this City we generally do have the opportunity to learn what the basic rate structure is for those types of services. Aichitect's fees are pretty well posted; our engineering firms tell us what their rate are and what they will charge, and we do have in fact here a type of service which the Council is not familiar, so we really have no basis at all of know- ing whether these charges are normal and reasonable charges. I think really what Councilman Young is attempting to determine and it would be my own feeling about it, is this firm in fact the reliable firm in terms of services and price that it is being recommended to Council as. I think staff has some obligation when recommendations come up to the Council to vote money to.employ certain people to perform certain jobs, to attempt in some way to inform Council that the organization is in fact a reliable one based upon certain known information. For all we know there may be equally good firms that will do it for 50/ less. I agree with you, Councilman Shearer, in the area of professional services, we don't want to go to the low bid type of procedure and I don't think that is what I would advocate here, but I would ask some additional supporting data; statements or documents, information to make me feel it is a wiser choice. Earlier in the evening you wanted to know the location of a lot size, price, etc., so you could make a decision that would provide for you a basis for making a vote. In the same sense if we vote this someone can come up and say - why did you choose that firm? I think the same thesis can be applied here. I think we are entitled to these bits of information to help us make wiser decisions,.so if the motion doesn't mean go to a low bid but only to seek additional data and information then I will vote for it. Councilman Young: I think that is what the motion means and go quite frankly my major source of concern apart from what Mr. Nichols, points out is the fact that Bob Davis is a good friend of mine, lives around the corner from me, so I am sitting here voting in the dark more or less and that is why I mentioned Caesar's wife. Mr..Aiassa: If Council has no objections my staff will analyze other soil consultants in relation to this type -of project, and see if we are within reason on the cost and if the cost is consistent and stays within the same..realm we would like to stay with this firm that did MGM CITY COUNCIL 1/24/72 Page Twenty CITY MGR.: CONVERSE. DAVIS & ASSOC. the'original job at Civic Center. I can see the Councilmen's point, in the fact that this is only one firm and one bid. I also think Mr. Shearer does have a point. When you deal with professionals they are very sensitive when you start calling for bids on a competitive basis. They feel they have established a certain amount of know-how and training and background and you h re:.them on that basis and they are morally responsible to do a good job. I don't want to hold up the project, if we give it to you in writing and show you that an analyses has been made as to comparative prices, etc.,..... Mayor Chappell: I do have one question. The last sentence, second paragraph, it says that "certain needed information for the structure is already contained in the re- cord...." and this indicates to me that perhaps another firm coming in here and doing the same job would have to give us an additional cost to develop the same information we already have contained. Motion carried on roll call vote as follows: AYES: Councilmen: Nichols, Young, Lloyd, Chappell NOES: Councilman Shearer ABSENT: None APPOINTMENT OF Mr. Aiassa: As Council knows there is CRIMINALIST a normal procedure followed on this matter and I reviewed it with the Personnel Board. This is a specialized position.-' I. talked to Mr. Cadman who heads the Orange County Lab. I would like to appoint Mr. Moses, he is on our Eligibility List of one candidate, after trying twice to recruit this position. We also went the route to get the County to send one of their men over to utilize our facility which didn't work and we also instituted a contract agree- ment with other cities to maintain this type of an operation and we also have the Federal Grant assisting us in the furbishing of the lab. There is only one comment I would have and that is I do not want to appoint Mr. Moses under Range 33a - C step, but appoint him in the D range which is an exempt position and I recommended to the Personnel Board members that we proceed on that basis and make the position effective February 1. The salary will be $1200. Councilman Nichols: Mr. Aiassa, would you explain for the benefit of the Council the use of the term "exempt position"? Mr. Aiassa: All Department Heads and Assistant Department Heads are in the exempt position category and that means they are not under the civil service procedures with regard to hearings, etc. This also means that under the D range we eliminate'the 5 steps and Mr. Moses' salary can be adjusted within the D range. If we retain him at 33a then I have only the 5 steps for negotiation, if negotiation should be necessary. He does have to go through a training program of 90 days and this also allows me the opportunity of a year's probation to see if he can really do the job. The big step will be whether this testimony can be accepted professionally in court. This is a factor that is somewhat complex. Mr. Moses can do the analyses tests required, but to testify - this is where it gets rather delicate. Normally the man that heads the lab affirms himself as the expert and then has his assistant or 'agent or a person recognized by him, testify. I talked to Jack Cadman and he is very impressed with Mr. Moses and feels his qualifications are very high. He is now training a woman that has a Masters Degree in chemistry and a couple of other 'aretLs--related to crime and he feels it takes about 90 days for them to become expertise enough to testify. - 20 - CITY COUNCIL 1/24/72 Page Twenty-one CITY MGR.: APPOINTMENT OF CRIMINALIST I would like approval from Council to hire Mr. Moses at a salary of $1200. a month in the D range commencing February 1. Motion by Councilman Lloyd, seconded by Councilman`.Young, authorizing • the City Manager to hire Albert Moses at a salary of $1200.00 a month under Range D (exempt position classification) commencing February 1, 1972. Mayor Chappell: This information came to us in -special envelopes, should these be returned to you at the end of the meeting? Mr. Aiassa: Yes, we would like to have the material back. Councilman Shearer: A question. A person in an exempt position status, I would like more clarification on this statement "that they are not under civil service" if I understood that answer correctly. If that was the statement, how far reaching is that? Civil Service gives certain rights and privileges such as the right of appeal - does a person in an exempt position have no appeal rights? Mr. Aiassa: He has no appeal rights. His rights are at the mercy of myself; over whom you have power. It does give management the tool to. operate because now that you are in negotiations with employees who are actually requesting through different groups different demands, management should have that prerogative as far as individuals. If*he is covered under civil service he can join labor and beat management at its own game of negotiations and meet and confer. This is a very unique and highly technical position and I don't think there will be anybody else qualifying for the position and that is why I'am putting it under the exempt category, so I have room to negotiate. We are also concerned with the grant from the Federal Government and with the contract participation of other cities. Councilman Shearer: Has this been (discussed with Mr. Moses, that he will not come in under civil service rules? Mr. Aiassa: Yes I have discussed it, he understandsit, he is in the audience tonight. (Introduced Mr. Moses and Mayor Chappell thanked him for coming to, the meeting.) douncilman Shearer: On that basis and with the understanding, and obviously there must be an understanding because he is here, I will vote on this item. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None soAMENDMENT TO EMERGENCY Mr. Aiassa: You have a copy of .the EMPLOYMENT ACT' subagreement and staff SECTION 6 SUBAGREEMENT recommends the adoption. Motion by Councilman Young, seconded by Councilman Shearer, to adopt the amendment to the Emergency Employment Act, Section 6, Subagreement. Councilman Shearer: Mr. Aiassa, do you have any idea when we might be advised from Washington as to whether this program will be funded beyond the termination date of November 1? Do you have any idea when we might receive notice of that? - 21 - E CITY COUNCIL 1/24/72 Page Twenty-two CITY MGR.: SUBAGREEMENT TO EMERGENCY EMPLOYMENT ACT Mr. Aiassa: Councilman Shearer: productive work and if information as to the Councilman Lloyd: Mr. Eliot, do you want to cast a prediction? We feel we will get an'initial indication, in quotes "after the primary". My concern is that we are coming to budget time and this might affect how we budget money. We have 26 people hopefully doing we wanted to keep them on we would need source of funding. we lost the money, they going to .build it in and going to bring in the 26 this was not to be. I think both you and I had comments on that and the City Manager assured us we would not be stuck with these 26 people in anyway. If would go. What I am saying is we are not then suddenly have to figure out how we are people we hadn't counted Win. We understood Councilman Shearer: Yes, I understand that. All I am saying is if we want to keep 26 people for the full year make sure that we have some idea of where the money is coming from, whether it is coming from us or the Federal Government. Mr. Aiassa: I would say this, that your 72-73 budget if it is conceivable and possible that we would keep these people the money would have to be budgeted and you would then have the right, one way or the other to approve or disapprove, but we are anticipating that the budgeting of these 26 people will be paid elsewhere. Councilman Nichols: Let's interject a point._he.re that is very important. That this program is for the employment of people iiot-,6therwise employed and if the City Manager and Council included in the budget funds to employ these people it might prejudice any grants that might be forthcoming in that area. So I think we would have to look at this very carefully before putting any funds in the budget. Mr. Aiassa: And the main reason for the PEP program is really the retraining of certain people to be able to take jobs in comparable positions, so this will be a deciding factor in the possible continuing of the program. I am not going to deny that there is not going to be requests for additional personnel but I am still faced with the same problem if PEP never existed, because I go through that every year. Motion carried. REQUEST FOR LEAVE OF Mr. Aiassa: This item is a request for ABSENCE WITHOUT PAY leave of absence without pay and it requires Council action. Council does have a written report and a staff recommendation. Motion by Councilman Young, seconded by Councilman Lloyd and so carried, approving the request for leave of absence without pay for Mrs. Rose Belair for the period beginning January 10, 1972, and ending March 9, 1972. REQUEST FOR Mr. Aiassa: Council has received a written APPOINTMENT OF AN report with regard to the INTERIM SYMPHONY resigning of Mr. King, and ORCHESTRA a request for the appointment CONDUCTOR of an interim symphony orchestra conductor. for the balance of the year. - 22 - CITY COUNCIL 1/24/72 Page Twenty-three CITY MGR.: Symphony Orchestra Conductor Councilman Nichols: I would like to make an observation on this item, Mr. Mayor. I have been personally wondering now for a full month, since I read in the newspaper that Mr. King resigned, as to why he had resigned and I do not recall receiving the information at any point. I have it now in front of • me tonight - January 24th - a copy of his letter dated December 22nd. I think it would be real helpful to me when rather significant events occur in the City, although the letter may not be directed to the Council, Council does get inquiries from citizens that have read of the incident in the newspaper, and so that Council may be better informed I think sometimes slipping copies of these more pertinent things in our mail would be appreciated. Mayor Chappell: Are there any other questions? Councilman Shearer: Yes, I am not convinced and I think I made this discussion at the time we entered into a contract with Mr. King, .- the necessity for the City to enter into a contract with one man to conduct an orchestra and we have a West Covina Symphony Orchestra Board of Directors with a President. It seems to me if the City is going to financially contribute to the orchestra society that it should be up to the orchestra society to appoint a director, buy music or do whatever they want with the funds that we provide just as we do with the Chamber of Commerce. The Chamber of Commerce recently appointed, I believe, an assistant director and they didn't come and say to us is it alright? I just don't see the need for us having a contract with the man. It seems to me it should be with the Society and if they don't produce enough concerts, etc., then cancel our antract with the Society and not the individual. I feel more strongly this time around than I did last time and not that I have anything against Mr. Green because I don't know who is, but I don't agree with the concept of the contract with the individual. I think it should be with the Board of Directors. Councilman Nichols: In that I couldn't convince Councilman Shearer last time I will let him convince me. I think he is absolutely right. I think in the early stages when the Society was trying to get started we felt-there-was`'a ii-�tle.more justification in having the contract between the City and the conductor in order to have the Recreation and Parks Department take a little more of a "mother hen" approach, but enough time has gone by now and it seems to me if the Society is ever going to stand on its own two feet it should take the responsibility for its contractural obligations and we should provide what support we do as we do with others. Mayor Chappell: We are meeting with the Recreation & Parks Commission shortly and this should be an item that should be put on the agenda. The request here is to hire to June 30th and I think we can pass on this motion tonight and in. our talk with the Commission come up with some firm recommendations in regard to this. Councilman Nichols: You are saying issue this contract on this basis and then discuss it so at the end of the fiscal budget year we can entertain a different approach? Mayor Chappell: Yes, that would be my thinking. Councilman Nichols: I don't find that too offensive as long as we get it on that agenda and talk it out. Councilman Shearer: I will go along with that. - 23 - CITY COUNCIL 1/24/72 Page Twenty-four CITY MGR.: Symphony Orchestra Conductor Motion by Councilman Nichols, seconded by Councilman Young, to approve the contract with Mr. Robert L. Green for providing services as the interim West Covina Symphony Orchestra Director ending June 30, 1972, and authorize the Mayor to execute the same. . Councilman Young: I wonder if the Society considers itself a contracting entity. I don't think it is incorporated. It is kind of an'informal body to begin with. I don't know how far along they have gone in that respect. The program itself is still somewhat in the experimental stages. I think Councilman Shearer's points are very well taken and that certainly should be the direction to move in and hopefully move out of the business of having to put in money. Mayor Chappell: Will you look into this, Mr. Aiassa? Mr. Aiassa: Yes, this was one of the elements that came up in the discussion, they were supposed to have a year's trial with City subsidy to get the group off the ground and then become self-supporting. My suggestion is that we support the man for 90 days and in the meantime when we have our meeting with the Recreation and Parks Commission we can discuss it further and let them come up with a recommendation for a permanent basis. Motion carried on AYES: Councilmen: NOES: None ABSENT: None SCHOOL DISTRICT REQUEST roll call vote as follows: Shearer, Nichols, Young, Lloyd, Chappell along with a recommendation. long as the communication is have adequate assurance that Mr. Aiassa: The City Council has received a lengthy written report on this (Read recommendation.) I believe as prepared by the City Attorney you will you will be protected. Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, to approve the preparing of a communication, subject to approval of the City Attorney and to be signed by the Chairman of the Redevelopment Agency and the Executive Director, setting forth the generalgoal's of the City with regard to the CBD redevelopment, and expressing the willingness of the City to meet with the West Covina Unified School District and the Mount San Antonio College to consider the potential for sharing of tax increment flow at such time that such flow exceeds the obligations of the Redevelopment Agency to meet its commitments. Councilman Young: This does not involve any commitment on the part of the City at all? Mr. Aiassa: No. CITY ATTORNEY Mr. Terzian: As Mr. Aiassa indicated I do have one of additional item, a resolution. RESOLUTION TKO. 4514 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING THE CORPORA- TION GRANT DEED EXECUTED BY DONALD L. BREN COMPANY AND DIRECTING THE RECORDATION THEREOF." Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive the full reading of body of said Resolution. - 24 - CITY COUNCIL 1/24/72 RES. DONALD L. BREN CO. Page Twenty-five Motion by Councilman Shearer, seconded by Councilman Nichols, to adopt said Resolution. Councilman Lloyd: Why do we have to do this in this big of a rush? • Mr. Aiassa: It was unintentionally left off the agenda, actually it is just a routine thing. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None CITY CLERK CLAIM FOR DAMAGES RE. Accident 10/31/71, WC Parkway Ewald & Angeline Ogilview and Vincent Avenue. 1223 East Grovecenter St., 14est Covina 4. Motion by Councilman Shearer, seconded by Councilman Nichols, to deny and:refer` claim to the City°s Insurance Carrier. Councilman Lloyd: Would you explain what happened, Mr. Aiassa? Is this the accident that occurred over the weekend? Mr. Aiassa: No, this occurred on October 31, 1971, on West Covina Parkway and Vincent Avenue between a private car and the--Frre Department Station Wagon. Motion carried. CITY REASURER°S REPORT December, 1971. Motion by Councilman Shearer, seconded by Councilman Young and carried, to receive and file. MAYOR'S REPORTS PROCLAMATIONS: Mayor Chappell: If there are no objections I will proclaim "National Salesmen's Week" February 6-12, 1972. (No objections, so proclaimed.) CITY OF CQVINA LETTER Mayor Chappell: I have a letter RE. JOINT MEETING from the Mayor of AGENDA Covina suggesting the agenda for the joint meeting on January 31, 1972. Are there any questions regarding the recommendation from Mayor Haven? Councilman Lloyd: Yes, Mr. Mayor. The vagueness of the letter of course precludes understanding the go specifics they are talking about. They are talking about fire services, annexation problems, cooperative pur- chasing, etc. We have been a year and a half aborning of bringing this matter together. Does our staff have any specifics or any recommendations on this? Mr. Aiassa: No, I have not. Mayor Chappell: What do you want, a tightening up of this? Councilman Lloyd: Well yes, they are suggesting all of the stuff - do we have any input we want to put on the agenda?- 25 - • CITY HALL 1/24/72 MAYOR'S REPORTS: City of Covina Agenda Mr. Aiassa: Councilman Lloyd: Mayor Chappell: Yes, we have the West Covina, but the City Council. Page Twenty-six 245 meters located in this is their letter to Then we will see another letter on this? Yes and if Council has anything they want on the agenda please communicate with the City Manager. COUNCIL COMMITTEE Councilman Shearer: The comment I have REPORTS has to do with the Traffic Committee recommendation regarding the crosswalk at Azusa and Pima, "Upon completion of the sidewalk construction, remove the school crosswalk at Pima Avenue and install signs directing pedestrians to the signal -protected crossing at Lark Ellen Avenue." I would like to suggest that the recommendation at this time at least not be made official and upon completion of the sidewalk construction the principal, vice-principal, members of the PTA, concerned mothers, etc., can see the condition of the site afid then take up the question of whether or not we wish to remove the crosswalk. If there are no objections ? . Mayor Chappell: Are there any objections or further comments? Councilman Shearer: I will make that in the form of a motion. s Seconded by Councilman Lloyd and carried, Councilman Nichols voting "no". Councilman Nichols: The item I had was on the light, the "red intervals" and it has been answered so I move the approval of that item. Seconded by Councilman Lloyd and carried. Councilman Lloyd: I attended a SCAG meeting with regards to airports = and while West Covina doesn't have very much to say on it there are studies concerning build up of traffic movement throughout the United States involving military airports and the expansion of Ontario, etc. If anybody wishes a full report I will be more than glad.to submit it. Councilman Young: I am wondering if other members of the Council received a letter from Assemblyman Campbell in the last few days. I know Councilman Nichols did. It relates to the fact we still have an opportunity to participate or have a voice to bring pressure to bear with respect to the reapportionment, which I know is of great interest to Mayor Chappell. The idea of having our City represented in the legislature as a unit by one assemblyman and -one state senator, if possible. In any event we have expressed ourselves in the past, have we forwarded our expression to Sacramento and is there a record of it there? Mr. Aiassa: Yes, in writing. This was forwarded to Lt. Reinecke's committee. Councilman Lloyd: That is not an effective committee anymore. Mr. Aiassa: I think it might be advisable to take the same communication and forward to Assemblyman - 26 - CITY COUNCIL 1/24/72 COUNCIL COMMITTEE REPORTS Page Twenty-seven Campbell, Senator Schabarum and Senator Harvey Johnson. So moved by Councilman Young, seconded by Councilman Nichols. • Mayor Chappell: I haven't received that letter I would like to see it. Councilman Young: I think it might be well gentlemen - this letter did include a resolution that the City of Pomona had adopted or some local city - I think it might be well if we not only send the letter as suggested but also adopt a formal resolution. Mayor Chappell: Can we have a heading for the resolution Mr. City Attorney? Mr. Terzian: Yes, and shouldn't it go to the Reapportion- ment Committee and both the Senate and Assembly? Mayor Chappell: Yes, and we want to state that we would like West Covina represented by one State Senator and one Assemblyman rather than the four now proposed and the three we now have. RESOLUTION NO. 4515 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA URGING THAT ANY REAPPORTIONMENT PLAN FOR THE CALIFORNIA STATE LEGISLATURE PROVIDE THAT THE CITY OF WEST COVINA BE LOCATED ENTIRELY WITHIN ONE ASSEMBLY DISTRICT AND ONE SENATORIAL DISTRICT," Motion by Councilman­'Ltoyd,.seconded by Councilman Young and carried, to -,waive full reading of the body of said resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, -to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Counci ban Young: A point of order, Mr. Mayor. I am glad to see us adopt that resolution, but I think there was another motion pending that we kind of slid by; namely, the recent letter - may that motion be deemed to be withdrawn from the record'. Mr. Aiassa: Councilman Young, it might be advisable to attach that as an extra exhibit showing that we did appear at all committees and all people concerned..... Councilman Young: The motion is hereby remade. Seconded by Councilman Lloyd and carried. DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, to approve Demands totaling $325,266.66 as appearing on Demand -Sheets C789 through 791, total includes payroll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None - 27 - CITY COUNCIL 1/24/72 Page Twenty-eight ADJOURNMENT Motion by Councilman Shearer, seconded by Councilman Young and carried, to adjourn meeting at 10:15 p.m., to Monday, January 31, 1972, at 7:30 p.m., for a joint meeting with Covina City Council at North Woods Inn. MAYOR ATTEST: CITY CLERK