07-10-1972 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
n
CITY OF WEST COVINA',CALIFORNIA
JULY 10, 1912..
The", regular meeting of the City Council called` to order at 7:31 P.M.,
� 'i.nithe West Covina Council Chambers by MayorgRobert Young. The Pledge
of, Allegiance was given. Reverend Charles R 'Simmons of the United
j -- Methodist Church, gave the invocation. Y
N,
ROLL CALL
Present; Mayor Young; Councilmen:. Shearer, Nichols,
Lloyd, Chappell
r
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney }
Lela Preston, City Clerk t
George Zimmerman, Public Services Director
John Lippitt, Ass!t.`City Engineer
Richard Munsell, Planning Director
Bert Yamasaki, Ass't: Planning Director
Leonard Eliot, Controller
William Fowler,;Bldg..& Safety Director
Craig Meacham, Deputy' ..Chief of Police
Ray Silver, Administrative Analyst, Jr:
Jeff Butzlaff, Administrative Analyst,`Jr.
Gary Duvall, Administrative Assistant
Carol Whelan, Pres.,"W.C.C,E. Assoc.,':
Jim Corbv, Pres.. Pol i.Ge Officers' As.soc,
APPROVAL OF MINUTES`
APRIL 10, 1972 On motion made by Councilman Lloyd, seconded by
APRIL 24,-1972 Councilman Chappell and carried, minutes approv-
ed as submitted. }'
✓3 t
CONSENT CALENDAR
Mayor Young explained the procedure of the Co..h'ent Calendar i?.tems and
asked if there were any comments on the following items:
1. WRITTEN COMMUNICATIONS
a) SAN GABRIEL ACADEMY Request permission to sell candy<�and
peanuts during PAnnual Peanut Drdve .-
September 25 29,!', 1972. (Approved in���
prior years. Recommend approval.)
b) WEST COVINA LADIES Request to hold -Annual Poppy Sale on
AUXILIARY POST 1776 October.20 and,2:1, 1972. (Appro°.ved in
prior years.) (;Recommend Approval)
c),INDEPE,NDENT CITIES OF Re opposition to AB 2358. (Refer to
LOS ANGELES COUNTY City Attorney and City ManagerY
2 PLANNING COMMISSION Review ;Summary of Action: of ,J}zly 972.
r "(Ac'cept:, and<,'�fi�le) r
3. RECREATION &'PARKS COMM.
a) SUMMARY OF ACTION June 20, 1972 (Adj. Mtg.) (Accept`and
file)
b) REFER TO ITEM #I Re action item Ion 6/20/72.
C TY MAWER:' S AGEN A
w
b.
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CITY COUNCIL 7/10/72 - Page Two
CONSENT CALENDAR - Cont'd.
4. ACCEPTANCE: O1' IMPROVEMENTS AND RELEASE OF . BONDS
a) TRACT NO. 26161 LOCATION: North of Amar Road and,
W/O Grand-
I_,EADERSHIP HOUSING view Lane - Dore, Sheryl and Raelyn.
SYSTEMS, INC. Authorize release of the Highlands Insurance
• Company Bond No. 9067770 in the amount of
$740. Monuments in place. (Staff
recommends release of bonds.)
5. AI3C APPi,1:CATI:ONS Chief of Police recommends NO PROTEST.
a) .1.,:I:NDA F . ADLER )
505 Venice Way ) dba EASTLAND DELI CORNER
Venice, Calif., ) 2648 E. Workman Avenue
Henry & Harriet Moghtader ) West Covina
2305 Casa Linda Dr., )
West Covina )
f
b) EFREN RAUL AGUILERA ) dba
:301 N. Rimhurst )
Covina )
MAR.1'POSA ENTERPRISES, INC.)
_1.09 E. Garvey Ave., W.C. )
c) JOSPPHINE MAE MCGREGOR
14520 Amar Rd.
1.,aPuente
d) ROSEMARY A. ALBRICH
1.0591 Via Verda
Covina
dba THE CREST `
1232'W. Francisquito Ave.,
West. Covina,
dba PERINO'S LIQUOR
1810 E. Garvey Ave.,
West Covina
e) E:;VELYN C. SANDWELL and ) dba ROYAL COACHMAN
FRANK X. SANDWELL ) 313 N. Azusa Ave.,
4095 Fruit St., Sp. 317 ) West:Covina
1:.,a Ver. ne )
i
1
t;) JOCR G. McPIEEE ) dba 7-ELEVEN #14003,
1'.O.Box 698 ) 2887_E. Valley Blvd.
.La Mesa, Calif. ) West Covina
f ,
g) G.I:S 1:.EA G : & KENNETH E. ) dba 7-ELEVEN #14004 i
WHITE ) 1319 W Merced Avenue
P.O. Box 698 ) West ;;Covina
1.,a Mesa, Calif. )
h) Lucille L. Sullivan ) dba GOLDEN KEG
3175 Haven Park ) 2713 [E-. Valley Blvd. ,l
E'l Monte ) West'.Covina T
Mrs. Comstock This may seem like kind of a silly request but I
61.5 North Chapman feel that in my posilton I would like to make
West Covina the request. Item Isla) under WritteniCommuni.ca-
tions, about the kids selling candy a'nd peanuts.
I have these children come to my home'., I don't
tmind them coming if I know who they are and vah;at groups they !represent,
etc. On occasion I have had them come when they were not of 'our
neighborhood. I like to help children but I Trefer to help our own
groups. One of the things I have asked from -them, because I `cannot
eat this kind of food, is a receipt for the donation and I..can.never
get it. I would like to ask that these children carry receipts for
the donation made for the purpose of my income tax.
Mayor. Young:: I don't know if this'Council would be in the
position of acting- on. your comment tonight.
It seems. 'cer.t'ainly well taken. We do have
groups that."periodically raise funds in this fashion - Scouts, `Base
ball Leagues, Football Leagues, e;tc and. we,. do ;have .groups,, that come
into the City I'am'sure without "An' y'ki,nd of authority and go from door
2
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CITY COUNCIL 7/10/7,2. Page Three
-CONSENT CALENDAR - Cont'd.
to door and who probably would be subject to", some kind of regulations if
reported.
Mrs. Comstock: I feel they are under:regulation but they do not
have receipts and this I would like to have.
• Mayor Young: I think this would be a matter to refer to staff
for some kind of an analysis. It is a reasonable
request and it would be a deductible donation
except you are getting the merchandise.
Mrs. Comstock: Only I don't take the merchandise. And I think
a lot of people would donate more if we did have
something like this., I am very tax conscious, I
am a tax consultant.
Mayor Young: Thank you. Is there anyone else who would like
to speak?
Jim Shoegart I don't wish to speak on any item on the agenda
225 North Shelbourne but I would like some enlightment.
West Covina
Mayor Young: Let me say to you that we do have a special.
portion on the agenda which we try to get to...
around 8:30, called ',the Oral Communications
portion, and we would be happy to see you at'every meeting if you would
care to address the Council on anything affecting the City at that
portion on the agenda. Or would you rather continue now?
• Mr. Shoegart: I would like to continue now, it will only take
a moment. This is the first time I have
attended a City Council meeting and I would ,Like
to know what you mean by ABC Applications, Item 5 on the agenda.
Mayor Young: Basically this is the Alcoholic Beverages
Commission - would the City Attorney care to
respond?
Mr. Wakefield: Mr. Mayor, the items Mr, Shoegart referred to
City Attorney refers to reports of applications received by..
the Alcoholic.Beverages Control Commission of
the State for licenses to sell alcoholic beverages within the City of
West Covina. The establishments for which the applications have been
received and the recommendations for "no.protests" are listed on the
agenda.
Mr. Shoegart: Thank you, very much.
Motion by Councilman Shearer, seconded by Councilman Chappell,` that
Consent Calendar items I through 5 be approved as recommended..
Mayor Young: Are there any comments by Council? I have one
item. Referring to „the Planning Commission
report, Item 2, an dpi;nion from the City
Attorney, if we can have it. We have apparently an appeal coming up
on a request by Don Koll Company for a certa;in establishment within
the Central Business District, the appeal is'addressed to the
Redevelopment Agency. This has come through the Planning Commission..
and has not been before the City Council as such. Is this`the
appropriate procedure? F
Mr. Wakefield: Yes it is, Mr. Mayor: The Planning Commission
City Attorney considered the application for approval of a
precise plan for the':.c.onstruction°offthe
facility on behalf of the Don Koll Company and; determined that the
proposed .,use was not consistent with the usescxthat were permitted within
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CITY COUNCIL, 7/10/72 Page Four
CONSENT CALENDAR - Cont'd.
the Redevelopment Agency Central Business District Redevelopment Project
Area. Therefore, the appeal from that determination will go,directly
to the Redevelopment Agency and it will undoubtedly be upon the
Redevelopment Agency agenda for your next regular meeting.
Mayor Young: Does it come before the City Council' at all..
as such? For the benefit of the audience we
are the same Board, the Redevelopment Agency
and the City Council are the same individuals..
Mr. Wakefield: It will not come before the City Council as a
City Attorney City Council but it will come before:you as
the Redevelopment Agency and if the Ci.ty
Redevelopment Agency concurs in the determination of the Planning Com-
mission that will be the end of the matter. 'If the Agency does not..:
concur then it will be returned to the Planning Commission for further
review in the light of the determination as to the adequacy and suita-
bility of the use.
Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd; Chappell, Young
NOES: None
ABSENT: None
RESOLUTIONS FOR ADOPTION
FEDERAL AID TOPICS LOCATIONS: Vincent Avenue and West Covina
PROJECT NO. T-3041(124) Parkway; Sunset Avenue and Francisquito
Avenue, Vincent Avenue and Center Street,
Vincent Avenue and Glendora Avenue.
RESOLUTION NO. 4591 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADOPTING SUPPLEMENT
NO. 1 OF A PROGRAM FOR THE EXPENDITURE
OF TOPICS FUNDS.:"
PRECISE PLAN NO. 541, REV. I LOCATION: Northeast corner of Francisquito
MAGNOLIA LAND COMPANY Avenue and Sunset Avenue.
RESOLUTION NO. 4592 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ACCEPTING A CORPORA-
TION GRANT DEED EXECUTED BY MAGNOLIA LAND
COMPANY AND DIRECTING THE RECORDATION
THEREOF."
EASEMENTS FOR UTILITY LOCATION: Galster Park.
PURPOSES
RESOLUTION NO. 4593 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE.
CITY OF WEST COVINA AUTHORIZING THE
EXECUTION OF A GRANT OF EASEMENT -IN FAVOR
OF SOUTHERN CALIFORNIA EDISON COMPANY FOR
UTILITY PURPOSES AND DIRECTING THE RECORDA-
TION THEREOF."
Motion by Councilman Chappell, seconded by Councilman Lloydand carried,
to waive full reading of the body of said Resolutions.
Motion,by Councilman Chappell, seconded by Councilman Lloyd, td,, adopt
..said Resolutions. f
Councilman Shearer: Mr. -,Mayor,. a question on Precise Plan No. 541 .-
is that te location where we deferred award-
ing the contract fora'cooperative project?
-.4 .-.
C.11'Y COUNCIL 7/10/72
RESOLU'PIONS I"OR ADOPTION - Cont' d.
Mr. W,lkefi.ea.cl:
City At-tornev
Yes, it is Councilman Shearer.
Page Five
CQUnC-ilMarl Shearer:
Are we at the point to go ahead with the
_
project or what is the status?
Mr. l:i.mmc .r.man.:
Mr. Mayor and members" of Council there were
two projects. One was a cooperative project
with the developer for placing curb and gutter
and ot:lier facilities
on the street and it is co-ordinated with this
TOPICS project which
covers the installation of traffic signal modifi-
cations and will fit
with the other if and when that goes. This pro-
perty would be needed
for either or"both of;=these projects.
Motion carried on roll
call vote as follows.:
AY.i•_:: Councilmen:
Shearer, Nichols, Lloyd, Chappell, Young
N01!.'S : None
ABSEN'P : None
GENI1;RAL AGENDA ITEMS
AWARD O!? BIDS
FEDERAL AID TOPICS
LOCATIONS: Vincent Avenue and West Covina Pkwy.
PROJECT NO. T-3041
Sunset Avenue and Francisquito Avenue
(124)
Vincent Avenue and Center Street
Vincent Avenue and Glendora Avenue
Bids were received in the Office of the City Clerk up to 10:00 A.M., on
ursday, June 22, 1972, and thereafter publicly opened and -read. Held
over i:rom June 26, 1972, to this date. Council reviewed Engineer's
report.
Mayor Young:
We have a staff report and a recommendation.
Motion by Councilman Lloyd to approve low bid. ..of Grissom,&„Johnson,,_Inc.,
Santa Ana, California, for Federal Aid TOPICS Project No. T-3041 (124)%:
in tlu amount of $107, 348.00, and authorize the Mayor and City Clerk..
to execute an agreement with said Grissom &.Johnson, Inc., for the work
upon approval of the apparent low bid by the Federal Highway
Administration. Seconded by Councilman,Chappell.
Councilman Shearer: A question. Assuming the contractor goes to
Court as his only recourse what would the
City's position be? -
Mr. Wakefield: In this particular instance the City was
City Attorney required and did use the State Contract Act
and the specifications pursuant to that
statut( and those specifications provide that. along with a statutory
provision applicable particularly to the State, that if the contractor
refuses to enter into the contract then his .sole remedy is to, sue to
recover whatever loss he may have sustained by virtue of the f act that
the error which he claimed did not relieve him from his bid and his bid
bond may have been forfeited or some other action taken on the
security which he has posted. If he does not execute the contract then
�the City has the opportunity to award the contract to the next low
- bidder.
Counc.ilman,Shearer; No, that is not my question. If we award to
him;his recourse then is to either forfeit
his bid bond (I am well aware of the Contract
Act) or go to court to substantiate his claim of clerical error.
My question was if he chooses to go to court has the City determined
that we agree he made --a clerical error or would our position be to
.Eight him. the matter. Or,would we even., .in a position to say
:f..�-ght "him"?
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CITY COUNCIL 7/10/72
GENERAL AGENDA ITEMS: Project #T-3041 (124)
Page Six
Mr. Wakefield: We have no choice at this point in the
procedure except to award the contract to the
low bidder or to reject all of the bids and
readvertise. The question exists as'to whether or not this was in
fact a clerical error and would operate to excuse the contractor
from his bid, but this is a matter the court would have to determine
and it would be resolved I take it at the time the pleadings are filed
or whatever action he may choose to bring and we have had a chance to
analyze the basic claim of mistake in greater detail than has been
available to us thus far.
Mayor Young: We would be in a position to simply concede
the merits of the lawsuit itself on the
clerical error at which point we would pick
up the $10,700 bid bond which would put us in.,the position of .the
average bid - would we be in that position if ,we elected to do.so?
Mr. Wakefield: If in fact the contractor has made a clerical
error he would be en.-'
itled to recover` :ty� e
amountf of his bid boind which had been fb'rfeited
as the measure of his relief in the action. `.•So the City would not be
entitled to retain the amount of the bid bond,if the contractor refuses
to execute the contract and subsequently brings suit to set aside the
forfeiture.
Councilman Shearer: Perhaps I better rephrase my question, I am --not
getting the answer. `Maybe it is because of die.
In the opinion of the City Engineer, if we would
assume, although we can't do it l,egally,:that the $10,000 claim was..
• justified; that would have made the low bid $117,348. Now what I am
getting at if we would readvertise do we thihk we will be able to beat
that bid? What I am concerned with is if wediddle around in court,
etc., would we be money ahead counting not the $107,000 as the low
bid but the $117,000? Have we made an analysis that figures the
$117,000 was the good bid?
Mr. Aiass.a; The City estimate was $157,000 and the next low
bid was $127,000 and.what you are bringing
forth is if we cancelled all the bids would..'.:
the bid be somewhere in the line of $117,000,without desire of error
or anything like that. It is a hard thing to say. Maybe Mr. Zimmerman
can comment.
Mayor Young: There is a further point to Mr. Shearer's
question - that is if we simply conceded the
loss of $10,000 we would still have a low bid
of $117,000 which would be $10,000 below the next low bid.
Councilman Shearer: That is what I am getting at. Could we if the...,
guy takes the bid and goes to court say "hey,
no contest we will give you the money."
Rather than go to court and hassle over whether he did or did not.
Could we shortstop it and get on with the contract?
Mr. Aiassa: What Mr. Wakefield should probably answer is
if we award it to the low bidder and he can
prove without a doubt there was a legitimate..
error of $10,000 could we then grant him a change order to compensate
him for the $10,000 in lieu of going to a lawsuit - I don't know if
this is legal or not.
Mr. Wakefield: There are two problems here and they should not
be confused really. The City Council has
the right to reject all the bids and re -
advertise for bids and start over with a clean slate and hopefully
receive" a valid low -bid not 't'if iL66 "by error. The other alternative
is to award the contract to the present low bidder. When the award
is made he has two options;he may enter into the contract and perform
CITY COUNCIL
PROJECT #T-3041 (124)
7/10/72
Page Seven
for his bid price or he may refuse to enter into the contract and the
City may forfeit his bid bond and then proceed to award the contract to
the second lowest.bidder.
Mayor. Young: 'Then we don't have the option to concede the
$10,000 because we are running the risk of
a $127,000 being the low bid or whatever it
comes in at?
Mr. Wakefield: That is correct. We have no choice in the
sense that we can concede that the low bidder
made an error and authorize an increase in his
bid by the amount of the claimed error.
Mayor Young: So he has to refuse -to perform under this con-
tract before.his course of action arises to
cover his bid bond.
Mr. Wakefield: That is correct.
Mayor Young: He simply can't go ahead and perform and still
seek to recover the $10,700?
Mr. Wakefield: That is correct.
Councilman Nichols: Mr. Mayor, there have been a number of pre-
cedents on the Council where the Council has
conceded error in bids and has let the'con-
tractor off the hook in one fashion or another. My concern here,,'
as has already been expressed, is the tremendous spread between the
City's estimate and the next low bidder. I would like to explore for
the moment the possibility of obtaining a stipulation from the con-
tractor that if the Council rejects all bids�and readvertises that
the contractor would repeat this present bid:in the amount of $107,000
plus his alleged error. So at least the Council would know there would
be a floor under any other bidding. Mr. Wakefield, would that be an
improper action if the city negotiated in advance with the bidder
indicating the City was prepared to reject all bids and try and get a
stipulation or a re-entry.bid?
Mr. Wakefield: I think there would be no consideration
really flowing from the City to the contractor
for that sort of agreement and I don't believe.
it could be enforced. In other words if the contractor did come in
with a bid the City would be entitled to consider it just like'any
other bid, but if he failed to do so even if he made such an agreement
with the City I doubt that the City could hold him to that kind of an,
agreement.
Councilman Nichols: It would be my inclination, Mayor, to reject-,.
all the bids and readvertize rather than get:...::..
into a hang up on this sort of thing that
might delay the project inordinately.'
Mayor Young: Mr. Wakefield, a question. Is there a defense
if the contractor decides to reject the bid
and sue for his bid bond if the City does not
know or does not -have any reason to know he made an error in his bid
and it would seem like we might not,, considering the point Mr. Nichols
points out - how low both bids are compared .to the City estimate.
Is that a defense for his claim on recovery of his bid bond or.does
he simply have to show he made a mistake?
Mr. Wakefield: The burden is on the contractor to show he
made a clerical error on the computation of
his bid. Now if he 'made a mistake in judgement
that k.
t wQu1d. not excuse h m ,fin ,a e`''otYier hand in this particular case
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CITY COUNCIL
7/10/72 Page Eight
PROJECT #T- 3041 (124 )
the contractor apparently claims that he received a quotation from
a subcontractor or
supplier and that in the. course of entering the
quotation into his
bid computation bids he put in the wrong amount.
Normally, I would think
if these facts are true this is the kind of
circumstances which
would excuse the contractor.
Councilman Shearer:
I would like to see us go ahead and award the
bid and the Public Services Director has
indicated that in the Staff!s opinion there
was a clerical error
made - now I don't know how hard a line the
courts take on this
but it would seem to me if the City's position
would be in agreement
with the contractor that the courts could hazdly
decide there wasn't
a clerical error and let it be known to the
contractor that we
are not going to fight you, in fact we are willing
to accept a bid of
$117,000 which is still $10,000 under the next
:Low bid and hope that
he would accept the contract, perform the job
and then attempt to
recover on the basis of a clerical error. He does
not have to reject,
he can accept the contract and then go to court
to get the clerical
error?
Mr. Wakefield:
Yes, he must perform the contract at the basic
$107,000 and try and collect the extra $10,;0:0.0
he claims as error.,
Mayor Young:
I didn't understand that from what you said..
I thought he had to reject the contract and
then try and collect the additional money.
Mr.. Wakefield:
If he is unwilling to perform the contract 'at.
$107,000, which is his bid price, then his
only alternative is to refuse to execute the
contract at all. If he executes the contract then he is obligated
to perform at $107,000 subject only to his right to recover the
additional $10,000.
Mayor Young:
But he has that right?
Mr. Wakefield;
Yes.
Mayor Young:
Well that is what I'didn't understand.,`before.
Councilman Shearer:
But he still has to`perform that contract.
He gets $107,000 plus whatever the judge will
allow him?
Mr. Wakefield:
That is correct.
Councilman'Nichols: If Council tonight had an assurance that the
contractor would perform on the $107,000 bid
and would in fact attempt through the legal
processes to recover the extra $10,000 I wouldn't object to�this
procedure, but this is assumptive on our part'. This contractor maylin
fact refuse to perform and may desire to seek relief in court and then
there is a considerable delay in the implementation of this project'.
:C would suggest either that the Council's'response should be delayed
until such time as we can gain some assurance that he would Iperform,'
on that basis or that we should reject the bids.
Councilman.Shearer:
M.r. Zimmerman:
Councilman Shearer:
How long does he have to execute the contract
after tonight or reject it?
I think the normal period is 30 days but the
bid opening wa.51 several weeks ago. It has
been delayed one Council meeting already.
If we award he only has a certain amount of..
time to execute or forfeit?
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CITY COUNCIL 7/10/72 Page Nine
PROJEC".P #T- 3041 ( 124 )
Mr.. Lippitt: Also the Federal Government has to award the
Ass't. City Engineer contract, we are just recommending and then it
goes to them and they would actually award the
contract.
Mayon- Young: It seems to me if we awarded this contract to
the low bidder we are possibly in the position
of having our cake and eating it too.' The
only worsening of our position in connection with Councilman;Nichol.s'
point would be that we might delay things a matter of 3 or 4!weeks .or
a couple of months. Is that a fair assumption, Mr. Wakefield?
Mr. Wakefield: Yes, I think it is.. Councilman Nichols
referred to the fact that in past situations.
of this sort where the contractor claims to
have made an error the City has been able to adjust the procedure in
soma respect - unfortunately these specifications and the statute
applicable to the State and incorporated by the specifications
spr-cii_ica=lly provides a procedure for circumstances of this kind and
we aro bound in this case to follow that procedure and the alterna
t::i.ves are as have been outlined , before.
Mayor Young: Any further comments? Councilman Nichols do
you have any further comment?
Councilman Nichols: No, it is a sticky sort of thing that leaves
me somewhat uneasy but I will accept the
Staff recommendations. That will give me
something to complain about later.
• Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young,
N01�;S : None
ABSENT: None
P1. DI-I:C WORKS
PROLE CT NO. SP-69004 LOCATION: Cameron Avenue adjacent to South
APPROVE PAYMENT FOR Hills Country Club.'
RIGFH.'-OF-WAY _ (Council reviewed Engineer's report)
Motion by Councilman Lloyd, seconded by councilman Chappell, to
al:)prove payment of $8500.00 from Right -of -Way Acquisition Fund
SP 71.003 to South Hills Country Club for right-of-way needed>for
t lie widening of Cameron Avenue.
Councilman Shearer: A question. Condition No. 3 in the Staff
Report. I am a little concerned about the
word "further" in the statement. "That
there will be no further concentration of drainage waters placed
on the subject remainder than what exists prior to this project."
Ref'orring to the problem we had with Batchelder and Brutocao.' If
we go in and pave a street where it is now -:open land that is going
to increase the runoff. If this word "further" is only talking
about a .diversion of water then I would go 'along with it, but if we
. gct-.liassled into it later when the development goes in - well the
flow of water is going to go up. I would b.e.opposed then to putting
that kind of stipulation in. I offer an amendment to
Condition 3 to read "That there be no diversion of drainage waters
placed on the subject remainder than,what exists prior to" this
Project.
Council.,an Lloyd: I will second the amendment.
Amendment to the motion carried, all voting..
in favor.
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CITY COUNCIL
PROJECT #SP-69004
7/10/72
Page Ten
Mayor Young: That is a counter-offer now, isn't it
Mr. Wakefield?
Mr. Wakefield: Yes it is.
On roll. call. vote original motion carried as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
A13SENT: None
D1r, Aiassa: Mr. Mayor, I think .the clarification that
Mr. Shearer made has made it absolute that
Condition 3 now gives them the maximum security.
Councilman Shearer: Well just for the record it is illegal to
divert water anyway.
PtIBIL LC HEARINGS
ZONE CHANGE APPLICATION . LOCATION: Central Business District
NO. 471 Redevelopment -Project Area.
CITY INITIATED REQUEST: Approval of a change of zone
on several parcels within the above
location from N-C, C-2, MF-25 and R-A, to
R-C and S-C. Recommended by Planning
Commission Resolution No. 2416.
Mayor Young: Is there a Staff Report?
• Mr. Munsell: Yes, Mr. Mayor. This is a zone change which
brings the commercial lands in the Central
Business District Redevelopment Area in line
with the Project Area as declared by the City Council and the
Redevelopment Agency. This does not include absolutely all of the
land but does include all of the land to be zoned regional commercial
or service commercial. The land in question has been posted every
100' and also notification was sent-to'every property owner concerned.
There was no public testimony given at the Planning Commission
and there was no protests. (Map displayed of .area and parcels
pointed out as to exact location and zoning.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE
A.PPL:I:CATION NO. 471 - CITY INITIATED. THERE BEING NO PUBLIC TESTIMONY
PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. (NONE)
Motion by Councilman Shearer, seconded by Councilman Lloyd and carried,
to approve Zone Change Application No. 471.
ZONE CHANGE APPLICATION LOCATION: Generally along the future 1.
NO. 473 northerly extension of Nogales Street.
CI'1'Y INITIATED between La Puente Road on the south
and the proposed easterly extension of,.
Amar Road on the north.
REQUEST: Approval of a change of zone,;
from City of Walnut Zone R-1, 20,000 to City of West Covina Zone PCD-:l
(Planned Community Development No. 1) for the prezoning of 48 acres
of land that is to be de -annexed from the City of Walnut and annexed
to the City of West Covina. Recommended by Planning Commission
Resolution No. 2417.
Mr. Munsell: This is a City Initiated prezoning which has
been jointly entered into by the City;of Walnut
and the City of West Covina. (Slide shown of map of area; parcels
pointed out as to location, boundaries and 'zones and the portions of
land received by West Covina in exchange to: -Walnut of other portions;
of land.) This particular map is the same map used in the adoption
of the Planned Community Development Plan No: 1 by Council.* At that.
10 -
C:C'a'Y COUNCIL 7/10/72 Page Eleven
PUB. HEARINGS: ZC #473
time the Staff requested that the developer show his best guess as to
what the uses would be in the Walnut side so we could evaluate our half
Of the 2300 acre ranch. At that time Staff did approve the Community -
Commercial and Multiple Family down at the Nogales/La Puente area.
Nogales Fligh is across the street from this location, Rowland Unified
School District had no objection to the Community -Commercial, about.
.17 acres in total. This proposal then does conform with drawings which
were reviewed and basically approved by the;City Planning Commission
and the Council approximately two and a half years ago.
(Slides shown of proposed newly annexed
areas and present zoning explained and proposed zoning.)
The reason for the zone change is that the:�
existing boundary is an old fence line and.the current boundary is,.. to go up the center line of Nogales and make some sort of -a
rational boundary as the land develops under a Master Plan, which will
give us an opportunity to develop the land and solve street maintenance
problems, etc. The applicant has requested the change to facilitate
th(-- construction of Nogales and this is very important to the City
because it allows us a direct access through .the City to our Galaxi.e
Tract area without leaving the City thus providing better police and
(.-ire protection. That concludes the Staff Report.
Mayon Young: Was there public testimony at the Planning
Commission hearing?
Mr. Munsell: Only by Umark. Paul Beard, their Project
Administrator indicated Umark was interested
• in having the annexation and zone change take
place as recommended by Staff. There were no other individuals who
Spoke.
Mayor Young: Has notice been given throughout the area
involved?
Mr.. Munsell: Yes sir. Everybody within 300, of the line.:
shown on the;map did receive notice. This
means that basically other than the property
owner himself who owns that large acreage, people on the south side'
o[ kaFuente Road, currently in the unincorporated county area, and
they Rowland School District, did receive notice.
T]TIS TS THE 'TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE
A.I"P:LICATION NO. 473 - CITY INITIATED.. THERE BEING NO PUBLIC TESTIMONY
P1..113LIC; HEARING CLOSED. COUNCIL DISCUSSION.
Councilman Chappell: Mr. Mayor, I think we should at this time
recognize the good Mayor from the City of
Walnut, sitting out in the audience) since
they are participating and Mayor Wentworth is here we should recognize
him as such.
Mayor Young: Mayor Wentworth it is a pleasure to have you
here.
Motion by Councilman Lloyd, seconded by Councilman Chappell and
carried, to approve Zone Change Application No. 473 - City Initiated.
ORAL COMMUNICATIONS
Flar.r.y Kaelin Gentlemen, I have been proven wrong twice
61-1 South St. Malo now by misinformation. The last time'I
West Covina informed the public -through the Voice of the
Valley on a budget meeting that was to be
held on a Thursday afternoon and the second time I informed the public
that tonight there would be a public hearing on the proposed budget.-
'Phis was in both instances the understanding .I got out of your last:
C'!'`.'Y COUNCIL 7/10/72 Page Twelve
ORAL COMMUNICATIONS - Cont'd.
meeting. However, I see by the agenda tonight that you are going to
schedule a date for the presentation of the 1972-73 preliminary budget.
I assume some of the people in the audience are those that were
informed and are here to hear that and I think this is a lack of
communication between the City and the people that put you up there in
of-fice.
Mayor Young: Thank you, Mr. Kaelin. I think your point is
well taken and we will be considering. in just
a few minutes one further work session on the
budget and then a public hearing on the budget and I trust that
whatever decisions as to dates made tonight will be carried through.
I agree with you that it is unfortunate that these delays occur.
Councilman Shearer: Mr. Mayor, I would like to respond, I don't
believe I want to let that slide through.
I don't believe if you will check the record
that there was ever any indication made at any past Council meeting.,
that there was going to be a public hearing; on July 10 to consider the
budget. What was discussed was a request that if possible staff come
back and make some recommendations to the Council regarding areas of
possible cuts. To this time there has been.'ho indication on the part
of the Council to schedule a public hearing: I just wanted to clarify
that situation.
Mr. Kaelin: Mr. Mayor, can I rebute this? (Permission.
given.) The information I got was from City: -
Staff, so evidently the City Staff is mis—
informed.
• Councilman Shearer: Well in that. case there is a lack of
communication between City Staff and not the
Council and the public.
Mayor Young: What we are'going to do here is our very best
to clarify all Qof the communications this
evening. We expect.to have two further
sessions on the budget unless the Council this evening dispenses
witli one. I would expect that we will have the budget formally
presented in the form of a public hearing at our next regular
Council meeting, but I am only one voice in that respect and we will
take it up very shortly and try and;have it clarified for next time.
I.I.- you are here for discussion on the budget I hope you will come
back to the next meeting where it will be a primary matter of dis-
cussion.
Mr. Kaelin: Can this be *publicized so the City will find
it out?
Mayor Young:
It is up to the newspapers, it will be avail-
able to the press, whether they print it or.
not is their prerogative.
Mr. Kaelin:
At city expense, because I notice in the
budget there is plenty of places in there for
advertising and I think this should be one
of the things that
should be advertized. The City budget is one of
the very important
things to all of the people in the City, particu=
larly their property tax.
Mayor Young:
I would personally be disinclined to
advertize what'in my opinion is legitimate
news, I think that would be a bad habit, but..
Mr. Lloyd.is the expert on that and perhaps he will comment.
Councilman Lloyd;
For your information City Staff, as well as
myself, have already approached the Editor
;of the''San Gabriel Valley Tribune with regard,
1W
CITY COUNCIL 7/10/72 Page Thirteen
ORAL COMMUNICATIONS - Cont'd.
to certain items asking that they be publicized as a function of
news, such as the change in ordinances regarding curbs, gutters,
sidewalks, etc. This is a very delicate subject and really falls
into the prevue of the moral responsibility of reporting. I think
the budget is a very important thing. I also think that the City,
either administration or City Council, does all in its power to see
that the people do know we are involved in the budget sessions.
The sessions, as you know, are always open to the public and the
public is encouraged to attend. I would like to see this hall filled_
every time because I think when we are involved in a budget of seven
million dollars that it is of real import to everyone in the community.
You evidently made an effort to put it into the paper and the results
here certainly do not indicate a discussion of a seven million dollar
budget. I am not censuring the people but I am saying that it is very
difficult to get people out to these things and we do our very best.
I am in agreement with Mayor Young, I am not going to spend the City's
money just to advertize something that is available as information.to
the people of the community at anytime. I concur with you in
importance but not in methodology.
Mayor Young: Is there anyone else who desires to address
Council? You see you can debate with us in.....
everything.
Audience Question: Do you mean you wouldn't call up the newspapers
and tell them that we are going to have a meet-
ing?
Mayor Young: He is sitting right here and as soon as we..
• close oral communications we are going to
settle the issue. He is employed by the
newspaper and he is at every meeting, but we do not tell him what to..
do. He has what we call "freedom of the press" and he does a good job.
( Staff Reporter, Jeff Schenkel, of the. SGVD Tribune, acknowledged h..is.:
presence with the raising of his arm.)
Councilman Nichols: I would like to add the problem seems.to be
that Mr. Kadlin is dealing with the staff
rather than the Council and is getting erroneous
facts. He has access to the press, he has gotten two fine letters into
the Tribune and I would suggest that he communicate with the Mayor
prior to his next letter to the Tribune so the facts come straight
from the "big horses mouth."
Mayor. Young: Is there anyone else who would care to address
the Council at this.time? With permission
of the Council it was my intention to declare
a five minute recess after the close of oral communications but I
wonder if before that we might not advance this particular issue on
the agenda and get it settled right now and then have a recess.
(Council agreed.)
BUDGET SESSION Mayor Young: We have a message from the..
MEETINGS City Manager regarding one
• further budget work session.
and a recommendation that the budget hearing;_ which is what Mr. Kaeln..
referred to here and we are all very anxious to get on with, that it
be held at our regular meeting on July.24, two weeks from tonight.
We have a problem in that either Councilman Lloyd or Councilman
Shearer, depending on which date we select, will be absent from the
work session. As far as I am concerned I would just as soon have a.
work session on next Monday night and maybe we should let
Councilman Lloyd and Councilman Shearer flip a coin. The floor is
open.
Councilman Chappell: Is there Inytime next week that we could get
for then prior to July 24th?
- 13
CITY COUNCIL 7/10/72 Page Fourteen,
BUDGET SESSION MEETINGS
Mayor. Young: Tomorrow night but I paid $20.00 for my
"Godfather" tickets.
Councilman Lloyd: Mr. Mayor, as I indicated to you and the City
Manager, I had scheduled a trip which involves
business and property and I have made commitments
and I am departing on the 14th and won't be back until the 24th. I did
this of course by way of notifying the City Manager and yourself and
hopefully all others, that I was going to do this and at the time there
didn't seem to be any objections so I solidified my situation.
I want to be a part of any discussions involving
this budget. I think my stand is fairly clear on parts of it and I,.wou1d
at least like to be a recepient of all information that is forthcoming.
I appreciate the problem facing Councilman Shearer, I also feel that my
case was rather clearly stated and it comes as no surprise to anyone that
I would be gone on those dates. As a matter of fact I personally said I
would be departing on the 12th and I held off as a result of this
proposed meeting. I spoke to Mr. Aiassa and he said there might be a
possibility of a session on Thursday night so I moved my schedule .from
the 12th to the 14th to accommodate. So I feel I really tried. So at
.this point I am really in concrete on the thing.
Councilman Shearer: Mr. Mayor, I am also in concrete. However., .I
would defer to Councilman Lloyd since he will be
back later and I feel I will have a week in Which
I can consult with the Mayor or City Manager as to what took place.. at the
study session on the 13th, so I would suggest you go ahead and have -the
study session on the 13th and I can get the information in the week'o.f the
17th when I will be back in town.
• Mayor. Young: With this position 'by Councilman Shearer and :I
think it will probably be.a recorded session,:
most of these are, -*is it the pleasure of the.
Council then to schedule a meeting for July 13th as a Study Session'?'.'
Councilman Nichols: Mayor, if that is the only alternative that its
what it will have to be, but I think it is'a"very
undesirable thing on the face of it for a matter
as vital as a discussion session concerning the budget to be attended by
less than a full Council. It is a bad time of the year, people have;.
obligations and vacations, the flexibility is limited, but for a portion
of the.Council to discuss these matters, form ideas and conclusions.I'and
to read the feeling of other Councilmen and then come back at some final
meeting without the benefit of the thinking of one of the five
Councilmen, I think is less than optimum. .If there is anyway we can
schedule these matters when all Councilmen could be present within -.the
time limits prescribed by law I think we should do it. If that would
mean postponing the meeting of the 24th to .the 26th or 27th I would.... see
that as a far more desirable scheduling than to move ahead .into this:
thing without the full Council being present.
I would suggest that the meeting of July 24th
be scheduled as a discussion session with the press being thoroughly'
notified that it is not an action meeting and the final adoption hearing
(+ following that. I think that would be much more appropriate and all.
Councilmen could be present and each of us would know exactly what -the
other has thought and stated and I think our decisions would carry.with
them a better feeling on the part of all the Councilmen.
Mayor Young: I would suggest only this, if you are suggesting
then an adoption hearing on the budget, which
is essentially what it would be and this would
be; a special meeting of the Council, because I know the first meeting. in
August I will be away.
Councilman Nichols; Yes, we will have to. pick a convenient date.'`
lf"' _ _ 14 -
CITY COUNCIL
BUDGET SESSION MEETINGS
7/10/72
Page Fifteen
We are talking first about receiving information reports and general
discussion and we can receive that at a regular meeting and I.see no
reason why that can't occur on the 24th and then if there is any date
during the week of the 24th that all of us could attend we could
schedule a budget hearing specifically for'that purpose.
Mayor Young: How about a study session on July 24 and then
a public hearing on July 31?
Councilman Lloyd: Mr. Mayor, I won't be here, I have a commitment
with a client to appear in another City on, -the
31st. The 25th, 26th, 27th and 28th are fine.
(Further discussion by Council regarding budget sessions; agreed on
the 24th and 26th of July.)
Motion by Councilman Chappell to have a Study Session on the 24th of
July as part of the Council's regular meeting, and the budget public.
hearing on the 26th of July starting at 7:30 P.M. Seconded by
Councilman Lloyd and carried.
Mayor Young: Now to make it crystal clear, on July 24th
in the course of our regular meeting we will.
deliberate regarding the budget, the potential
of cutting some $100,000 from the proposed budget. The problems of.'
financing which are involved, that is getting the money to fund this
budget; and on July 26th, Wednesday evening, at 7:30 P.M. the budget
.will be formally presented to the City Council and the floor will be
open for public testimony with respect to that budget and we would'
• expect that action would be taken on July 26th to adopt or not adopt
the budget. That is the motion and it is carried.
Councilman Chappell: One question. I hear a figure of $100,000-
did I miss something? The last information.
I had was it was almost $450,000. Have you
been getting some information that I am not aware of?
Councilman Lloyd: I think that is one of the items we are
coming to discuss.
Mayor You.ng: My recollection is that the budget as presented
originally is some $450,000 over revenues.....
This Council has had a study session thereafter
in which cuts were requested or for a sample budget cutting out some
$450,000. This showed us a reductionlof some 57 people in personnel
and a lot of other reductions which appeared to be too drastic to
this Council, as I recall, and our present -thinking was to ask that
some cuts be made, hopefully up to $100,000 in the proposed budget
and determinations be made as to revenue on that basis. I think that.
is about the status of things.
Councilman Nichols: It was a two pronged commentary from the
Council. One, that staff was to return to
its balliwicks and,_attempt to come up with
some of those dollars savings in reductions and also review again
very carefully all income projections so that a precise figure of
income could be added to that consideration so we could then in our. .
next study session have as realistically as possible a figure of the
revenue gap. So we would be expecting at our meeting -of ,the 24th to..
have those recommendations for reductions and a more precise pro-
jection of revenues for 1972-73.
Mayor Young:
That is correct.
Councilman Lloyd: I also believe Mr. Aiassa referred to the
Mills bill which is in Congress and I think`:
the
many of the variables have changed and that.Wa:5
reason for my comment to Coupp� m gpappell. I think the whole_
7 l51.1- -
1W MW 1W S
CITY COUNCIL 7/10/72. Page Sixteen
BUDGET SESSION MEETINGS
discussion is wide open at this point and there is no commitment, at
least as far as I am concerned, with any agreement on $100,000,
$200,000 or $400,000 until we see exactly where we are.
Mayor Young: In other words we will receive this thing open-
mindedly, whatever we receive, and if we do.
find ourselves increasing the tax rate by 30c,4
that would bring us almost up to Covina, Glendora and some of the other
local cities,,,,Ibut not quite.
THE Cl-LkIR'.CALLED A RECESS AT 8:45 P.M. COUNCIL RECONVENED AT 9 P.M.
CITY ATTORNEY
Mr. Wakefield: Mr. Mayor and members of Council, Mr. Zelle.s.
of Stone & Youngberg, tells me he has to
catch a plane back to San Francisco and asks
it- we might take up Item 6 on the City Attorney's agenda before going
to the ,Qr.dinances and Resolutions. (Council agreed.)
I?ARK7:NG.STRUCTURE Mr. Zelles: Mr. Mayor and members .Qf
ADDITION TO W.C.. Stone & Youngberg Council, I believe you
CIVIC CENTER have before you a summary
sheet of the bids received this afternoon in
connection with.the 1.3 million dollar
Los Angeles County/West Covina revenue bonds. You will note there
were 6 bids. I These 6 bids represent 21 firms, banks and brokerage
firms and probably another 8 or 10 firms listed as associates within
the other bids. The interest rate which was the low bid was listed at
• the top, that. being Security Pacific National Bank, Blyth & Co. Inc.,
Bache & Co., Inc. and Wagenseller Durst, Inc., bidding a net interest.
cost of $1,166,562.50, effective rate of 5.433/. The remaining bids
.range down to a high point of 5.809%. At the bottom of the summary
for information purposes are the amounts of interest that were
estimated in the official statement and the preliminary leases;
namely, $1,288,200 and the actual and the difference being $121,637.50.
This translates into an actual lease payment from the City to the
Authority of $99,725. The lease agreement the City has with the Co:uh.ty
for the sublease is for a total annual lease from the County of
$12.2,400, which means there is a differential of $22,600 which is
available to the authority for the maintenance and operation of the
structure. This is all within the budget established for this project.
We are very pleased with the number of bids
recci.ved, it amounts to a little over 9/ reduction in the total
interest cost and would recommend that the City Council authorize .
the harking Authority, which convenes tomorrow morning to award the
bid to the most successful bidder, that being the group headed by
Security National Bank. If there are any questions I will be most'
pleased to speak to them.
We also have Mr.. Allen Miller in the audience.
from our, Los Angeles office who has worked very closely with this
project and will be with the Authority tomorrow morning.
® Mayor Young: Thank you. Gentlemen, the floor is open.
Councilman Shearer: Mr. Mayor, our action is to recommend to the
Authority?
Mr., Wakefield: Yes, that is to award the bonds to the low
bidder Security Pacific National Bank.
Mayor Young: Can I inquire what *-,-the point of last return
is on the parking s-_tructure? This is it?
Mr. Aiassa: Yes, this is it.
- 16
MW 1 1W WF _ W
CITY COUNCIL
7/10/72 Page Seventeen
PARKING STRUCTURE
Mayor Young:
If the recommendations are followed here
this evening and they are also followed by the
Public Authority tomorrow then that is it .and
this thing goes.
Is that right? And is there any serious question
that the coordinated
project, namely the expansion of Citrus Court
Building will also
take place?
Mr. Aiassa:
I can't speak for the County but I presume
they are continuing'on the same basis.
Mayor Young:
Is that a little weaker than past conditions,,
Mr. Aiassa?
Mr. Aiassa:
For the record, the parking structure was
requested by the County in conjunction with
the enlargement of"their court and their
library and we were scheduled to provide adequate parking to their
specifications and
we proceeded on that basis.
Mayor Young:
Have we had any recent.communication from the*
County Board of Supervisors or Mr. Schabarum
regarding the continuing desirability of this
structure?
Mr. Aiassa:
I was in contact with Mr. Schabarum on
Saturday and advised him of the circumstances
and that there was a provision in the awarding
of the bonds only permitting us a 24 hour lead bid and on the
construction b d we have 90 days. And the only thing that would change
the factor is if the bond bid interest came out excessive of what we
• had projected and then maybe we would have to have a delay of 3 or 4
weeks to rebid the
bonds. His reaction is that .....
Councilman Lloyd:
Mayor Young :
Councilman Lloyd:
A point of order Mr. Mayor.
you are leading up to.
I don't know what
Well hang in there and maybe you will find ,but.
Is this germane? It so happens I also spoke 'to
Mr. Schabarum today and there is no problem on
the thing.
Mayor Young: Fine. I think it is highly germane for this
reason. If there is a chance that the court
expansion is not going to take place and we.
are going out here with taxpayers money, although it is not local
taxes but countywide, and we are putting in something like a
$1,100,000 in a tri-parking structure with $40,000 annual maintenance
to supplement a surplus of parking that exists in this lot right now'-'
if you will get out there at any hour of the day or night and
inspect it I think it is an irrespective and irresponsible use of the'
taxpayers' money. That is what I consider germane about it and that
is why I am pursuing the point.
Councilman Shearer: That is a real
good point, but
g. P gee fellows
we are quite far down the street for a
supervisor that has -'been in office since
March to the night before we may recommend to award the bonds to
now do something that may be a monkey wrench into the.works. You know -
how long do we wait? If the Board of Supervisors is seriously con-
sidering a change then I would suggest that Supervisor Schabarum should
have been here this evening or in communications with the City on that
regard. We have been in negotiation now forgoing on 6 months. I hear
these things - let's get it out on the table.
Mayor Young: That is precisely what I am trying to'do.
17 -
CITY COUNCIL 7/10/72 Page Eighteen
PARKING STRUCTURE
Councilman Chappell: We had a meeting with the Supervisor not too
long ago and we expressed the viewpoint that
this structure was going to be built and he
was well aware of it and talked to Hugh Dines at the time, and I
am sure if there was anything going to stop it it would have stopped
a long time ago.
Councilman Lloyd:
Mr. Mayor, I spoke to Mr. Schabarum and he
was specific regarding this thing as late as.
4:30 this afternoon. There is no intention.
of stopping the structure.
Councilman Shearer: I don't think the question is stopping the.,.;
structure, but what.'about the court? If
there is some real_.concern about the expan-
sion of the court I think it is time we hear about it.
Councilman Lloyd: The whole project of the Civic Center he is'.'
not stopping. I recognize] as Mayor Young .has
pointed out, it is totally inter -related and
as a matter of fact I brought up the same conversation. If it is
going to occur let's know it now because we16ould commit the
taxpayers' dollar even though it is not the tax dollars of the people
of the City of West Covina - it is the same thing. I honestly don'.t
believe €,rom what he said - and I am willing to carry forward on the,
thing, but I was surprised because I was getting the impression of..'._'.
negativism and I didn't get that today.
Mayor Young: I have gleaned the impression of negativism*
principally from the articles I observed in
• the newspapers from time to time about County.
cutbacks and also some attitude of negativism with regard to the
necessity of Citrus Court expansion at this time. Although I think...
the building could appropriately be expanded and the expansion very
appropriately used on an interim basis to house the Probation Depart
ment even if there is not an immediate need for other courtrooms or.
for 2 or 3 years yet. I think it would be a very appropriate thing,.,
but then I see the City of Covina coming back into play on the Probation
Department and I note perhaps there`is some negative feeling on the.. -part
of this Council about inviting the Probation Department into the ar•.ea
and I think all of these things are inter -related and I hope we are.. not
walking into a chaotic type situation where we build this beautiful new
parking structure out here without the°fairly prompt justification of it.
This is why I bring it up, for I am most interested in your own recent
communications with Mr. Schabarum on this point and of course he is
one of five where the Supervisors are trying to cut the budget and.are
doing so at this particular moment. That is my concern, gentlemen
that's all.
Councilman Lloyd: To answer you on the Probation Department, I::
asked a question on that and:I was led to
believe he posed no great objection to that.:.:
involvement and I was under the impression that he also conceded
the point that the most logical location for the Probation Departme1. nt.:
would be the court area. That is n6 official commitment because he. made
no commitment and I had no official capacity other than I just happened
to be talking to him.
Mayor Young: Well that is the logical place for it, it :.s.an
arm of the court.
Councilman Shearer: There appears to, be at least a minor cloud
do we have an alternative? Any time period?.:.
Mr. Aiassa: This is it. The bonds are the only thing that
is a question.; The bid is good for 24 hours..,
18 - _.
7
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CITY COUNCIL
PARKING STRUCTURE
7/10/72
Page Nineteen
Mr. Zelles: Mr. Mayor, a comment, if I may. The basis
of the agreement for the financing of the
bonds actually goes back to a lease agreement
between the City of West Covina and the County of Los Angeles. That
• agreement was executed between the County and the City and adopted by
the Board of Supervisors on January 4, 1972. It provided that this
facility be built within a given dollar amount and I believe there
were construction bids received in excess of the estimate and bids re-
submitted to bring the cost in line and then this subsequent bond bid.
The bond bid is very specific that it has to be awarded within 24 hours
of the time it was received and that was at 2 o'clock this afternoon.
The Authority, tomorrow morning, will meet and will do whatever this
Council directs, because the Joint Powers Agreement which forms the
Agency says that whoever happens to be liable on the lease has the.
authority to direct to the Authority whether they enter into a bond
sale or not. So this is the procedure we'are going through now. I
don't know how to answer the question as far as the County is concerned
because had the County not wished to have the building built they
certainly would have voided this lease sometime ago. No one can
speak for them, certainly we can't speak for them.
Mayor Young: This much we, know and that is that the
addition to the parking structure is not a..
City initiated project by any means. It is
County initiated. The City has agreed in good faith and made it clear
throughout that the only reason we are going through with this is to
facilitate the County's desire and expressed needs to expand the
library and the courthouse. Particuarly the courthouse as evidenced.
by the location of the courthouse parking structure which is to
• replace and supplement the existing parking area immediately adjacent
to the court for any expansion to take place. On the various
representations made here it would seem that the County is solidly.:
committed as morally as anyone can be committed to go'.forward with.
the project and there is no question of the need. If the court
rooms are not needed now certainly the Probation facility is and there
is enough flexibility to provide for modification if the need for the
addition changes, even storage for the court structure if properly:
engineered. Personally this is howI.would view it,and from recent
conversations today that some of you have had with Mr. Schabarum,
perhaps.we should go ahead with it.
Mr. Aiassa: Mr. Mayor, just to clarify a situation that
the general public should know. Originally
the expansionlof the court was scheduled in.
1975 and the additional court addition was initiated by the County
and the Joint Powers Agreement was needed for the City to undertake
the responsibility to provide adequate parking at their number and
their request. As a matter of fact they have advanced this approxi-
mately two and a half years and it was through their negotiations
with us that forced us to go immediately into plans and specs for the
parking structure. The library is going on schedule and we have
combined the two separate lease agreements. We had one with the
library and one with the court and now we have a combined lease
and everything has been worked out for over a year and we have only
proceeded on what we were told to do.
Mayor Young: Gentlemen, you have, the recommendation before
you. Is there further question from Mr. Zell.es?
If not, thank you, very much:.
Motion by.Councilman Shearer that the City Council recommend to the
Public Authority that the bid of the Security Pacific National Bank,
Blyth & Co., Inc., Bache & Co., Inc., Wagenseller Durst, Inc., be
accepted. Seconded by Councilman Lloyd.
Mayor Young: Mr. Wakefield, is the motion appropriate as -to.
fofm? --...
i
CITY COUNCIL 7/10/72: Page Twenty
PARKING STRUCTURE
Mr. Wakefield: Yes it is.
Motion carried on roll call vote as follows:
AYES:` Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
n NO.L; S : None
-� ABSENT: None
Mr. Wakefield: Mr. Mayor and members of Council the next item
L,
proposes the recommendation to the Joint
Powers Agency that it authorize and award the
construction contracts for the construction of the parking structure
and the landscaping. You will recall that there were two separate bids
received. Those items have been considered by the City Council hereto-
fore and all that remains to be done is your authorization for the
Joint Powers Agency to proceed.
Mayor. Young: Mr. Wakefield, can we so move, or can you
frame the motion, or have you framed it?
Mr. Wakefield: I think it has been framed. The motion is
to authorize the Joint Powers Agency to award
the two contracts, one for the construction
of the parking structure and the second for its landscaping to the low
bidders.
Councilman Shearer moved approval of Mr. Wakefield's frame. Seconded.
by Councilman Chappell and carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
• Mr.. Wakefield: The next item is to authorize the Mayor to
execute the Ground Lease between the City of
West Covina and the Joint Powers Agency.
is the lease of the site on which the parking structure will be
erected; to the Joint Powers Agency.
So moved by Councilman Chappell, seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd; Chappell, Young
NOES: None
ABSENT: None
Mr. Wakefield: The next item is to authorize the Mayor to
execute the sublease, between the Joint Powers
Agency and the City for the lease back of the
parking structure as constructed with !an actual rental figure inserted
of $ 99, 725, annual rent.
Councilman Lloyd.
Councilman Nichols:
. 'Mr. Zelles:
So moved by Councilman Chappell, seconded by.
Mr. Mayor, a question. That figure covers
complete amortization of the indebtedness?
That is correct, Mr. Nichols.
Mayor Young: And also includes the $22,000 a year?
Mr. Zelles: The lease between the City and the County,
the County will pay the City the sum of
$10,200 per month, which annually is $122,40.0,
from which you are obligated to pay the maintenance and operation and
also service the debt portion which is $99,.725.
Councilman Shearer:
"'This lease doesn't change the figure we had with
the County?
- 20 =
s MW e
CITY COUNCIL
PARKING STRUCTURE
Mr. Zelles:
Motion carried on
AYES: Councilmen:
• NOES: None
ABSENT: None
Mayor Young:
7/10/72
No, it does not.
Page Twenty-one
roll call vote as follows:
Shearer, Nichols, Lloyd, Chappell, Young
Thank you, very kindly, Mr. Zelles.
Mr. Zelles: Actually it is rather interesting, I think
West Covina has been joined in more Joint
Powers contracts than most any other community
in the L.A. basin and the tract record here. is really quite outstanding.
You always manage to hit the right market at the right time and the
numbers come in very good, which is quite ,a nice bit of frosting on
the cake.
Councilman Lloyd: I think we ought to thank our City Manager'
over here.- there may be a little luck in it
but he also works very hard on it.
Mr. Zelles: Yes he works very hard on his projects. Thank
you, very much gentlemen.
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. 468 -
•
City Initiated.)
Motion by Councilman
Chappell, seconded by Councilman Shearer and
carried,' -.to waive full reading of the body of said Ordinance.
Motion by Councilman
Shearer, seconded by Councilman Chappell and
carried, to introduce
said Ordinance.
ORDINANCE NO. 1197
The City Attorney Presented:
ADOPTED
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING SECTION 4307.2 OF THE
WEST COVINA MUNICIPAL CODE RELATING TO AN
INCREASE IN DOG LICENSE FEES.°
Motion by Councilman
Chappell, seconded by Councilman Shearer and
carried, to waive full
reading of the body of said Ordinance.
Motion by Councilman
Chappell, seconded by Councilman Shearer, to adopt
said Ordinance. Motion
carried on roll call vote as follows:
AYES: Councilmen:
Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
ORDINANCE NO. 1198
The City Attorney presented:
ADOPTED
"AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY
OF WEST COVINA APPROVING AMENDMENT NO. I TO.....
.
THE WOODSIDE VILLAGE.MASTER PLAN TEXT (PART I
OF ORDINANCE NO. 1129)."
Mr. Wakefield:
This is the Ordinance which makes -the MF-20
standards applicable to future development
in the Woodside Village area.
Motion by Councilman Lloyd., seconded by Councilman Chappell and
carried, to waive full reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt
said Ordinance. •Motion'carried'on roll call vote as follows:
- 21 -
CITY COUNCIL 7/10/72 Page Twenty-two
ORD. !-1198
AYES: Councilmen
NOES: None
ABSENT: None
ORDINANCE NO. 1199
•
ADOPTL;D
Shearer, Nichols, Lloyd, Chappell, Young
F
The City Attorney presented:
"AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING AND REPEALING
VARIOUS SECTIONS OF THE WEST COVINA MUNICIPAL
CODE RELATING TO THE ADMINISTRATION OF THE
ENGINEERING DEPARTMENT, AND FEES FOR PUBLIC
SERVICES."
Mr. Wakefield: Mr. Mayor and members of Council, you will
recall that at the time this Ordinance was
reintroduced Section 3185 had been corrected
to eliminate the reference to signs, placards, notices and
advertisers, which Councilman Shearer referred to insofar as street
obstructions are concerned. Those matters are adequately dealt with
in Section 8402 in the present Municipal Code and there was no need
to include them in Section 3185.
Motion by Councilman Chappell, seconded -by Councilman Shearer and
carried, to waive full reading of ythe body of said Ordinance.
Motion by Councilman Shearer-, seconded by Councilman Lloyd, to adopt
said Ordinance. Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
• RESOLUTION
NO. 4594
The City Attorney presented:
ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ESTABLISHING A SCHEDULE OF
FEES REFERRED TO AND PROVIDED FOR IN VARIOUS
SECTIONS OF THE WEST COVINA MUNICIPAL CODE
AND REPEALING RESOLUTION NO. 1090, ADOPTED
MARCH 11, 1957. ;(;,Relates to G-4)."
Mr. Wakefield:
Mr. Mayor.and members of Council, this resolution
will become effective at the same time
Ordinance No; 1199 becomes effective.
Motion by Councilman
Chappell, seconded by Councilman Shearer and
carried, to waive full
reading of the body of said Resolution.
Motion by. Councilman
Chappell, seconded by Councilman. Lloyd, to adopt
said Resolution. Motion
carried on,roll call vote as follows:
AYES: Councilmen:
Shearer, Nichols, Lloyd,.Chappell, Young
NOES: None
-
ABSENT: None
CITY MANAGER
TENNIS COURT LIGHTS
Mayor Young: We have before us a Staff
Report - are there any
.
questions?
Councilman Shearer:
Is this money as, a result of the low bid on
the Del Norte. and Walmerado Parks? In a
recent bid as I recall there was quite a
savings.
Mr. Aiassa: There is -one stipulation I was going to add.
to this and that is the lights that -will be
constructed on the school property will be
designed so they can be relocated when and if the City wants to
develop its owri tennis Fo1}rt�s�,. '.hey are.;:removable.
22 _
CITY COUNCIL 7/10/72 Page Twenty-three
TENNIS COURT .TIGHTS
Mayor. Young: So we retain title;ito the lights. Do you
concur Mr. City Attorney?
Mr. Wakefield: Mr. Mayor and members of Council, the lights
will be placed on the school districts'
property pursuant to a community recreation
agreement and it is competent for the City and School District to
agree, with reference to the ownership of the lights.
Mayor Young: If we adopt the recommendation of the Staff
this evening this in no manner would be a
final action. We wouldn't make any move
until there is a suitable agreement reached .and bids received? In
essence we are simply authorizing staff to proceed with negotiations
in expiration of the project?
Mr. Wakefield: That is right.
Motion by Councilman Chappell, seconded by Mayor Young, approving
the erection of tennis court lighting and tennis court divider fences
at. Edgewood High School, and that a suitable agreement be made between
thO, City of West Covina and the West Covina Unified School District
regarding the use of the tennis courts. Motion carried on roll call
vot'o as I:ol.lows:
AYL,:S: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT; None
MEMORANDUMS OF UNDER- Mayor Young: This item relates to the
STAND I:NG two Memorandums of Under
standing. One with the West Covina City
Employees Association and the other with
the West Covina Police Officers Relief Associa-
tion.
Mtn. A.i.assa: Mr. Mayor, I believe the City Attorney has..
the two and, tbat' he should read them to the .
suggested. City Council so you will know what is being
Mayor Young: Are you suggesting that the entire contents
of both be read into the record at this time?
Mr. Ai.assa: I think that would be probably best so you
would have it as a record of the position you
take.
(Councilmen indicated they had read both
M(�morandums of Understanding and felt it was not necessary to read...
them again. Mr. Aiassa suggested that by motion it be directed that:-
thcy be included in the minutes.)
Motion by Councilman Shearer, seconded by Councilman Chappell and
carried, to incorporate the two Memorandums,of Understanding into tle
( mi.nutes of this meeting.
"MEMORANDUM OF UNDERSTANDING: This Memorandum of Understanding is
entered into as. of July 1, 1972, between GEORGE AIASSA, the City
Manager and the designated representatives of the City of- West Covi•ria
(hereinafter referred to as the. "City") and the WEST COVINA CITY
EMPI..OYEES ASSOCIATION (hereinafter referred to as the "Association").
In accordance with Sections 3500 through 3511 of the Government
Code of the State of California and Section's 2450 through 2465 of the
West- Covina Municipal Code, the representatives of the City and the
Association have met and conferred in good faith concerning the items.
contained in this Me
plorandum of Understanding.'-
i
2 3
p:r.ov:i.sion containedin tthis Memorandum of-iTnncerstanding, or t-ne .....
7 A
C11'Y COUNCIL 7/10/72 Page Twenty-four
MI"MORAI�II)UMS Of,
UNDERSTANDING
"ARTICLE I - CITY COUNCIL APPROVAL. It is the mutual understanding
oC tho parties hereto that this Memorandum of Understanding is of no
forco or effect whatsoever unless and until it is approved by, the City
Council of the City of West Covina, if acceptable to it, and that it
wi.l.l. be placed into effect when appropriate action is taken by the
C:i t y Council to implement its provisions. '
'1AR11CLE ;IT. - MANAGEMENT RIGHTS RESERVED. The parties hereto
recogna.z.e that the City has and will retain; the exclusive right to
determine the necessity for, and manage and. direct the performance,o€,
C::i.ty services and the employee performing such services and all such..
r:i.ghts.are retained by the City.'
1*11 - SALARIES. It is mutually understood and agreed that
the City representative will recommend to the City Council that
sal.ar:ios I'o.r. all. Association members be adjusted upward 5%/ to co-
i.nc.i.dc, with steps and ranges of the City of. West Covina salary
.rosoluLion, such adjustments to be effective on July 1, 1972.'
''11e City.representative will also recommend to the City Council that
salaries for all Association members. be further adjusted across the
boa.rc*1 effective on January 1, 1973, based upon the percentage increase
in the consumer price index for the 'Los, Angeles - Long Beach area
during the: period commencing on April 1, 1972 to and including
Nov(-!mbr:x . 1, 1972. Any such increase shall be rounded upward to the
nearest half of 1% and shall not exceed a total of 2%/. No adjustment
downward will be made if there is a net decline in the consumer index
during,the period commencing April 1, 1972 to and including November 1,
:1 972.. '
• 'Al2T1C1,F IV - INSURANCE. It is understood and agreed that the City
representative will recommend to the City Council that:
(a) The City shall pay the full cost of employee disability insurance
tca the Limits set forth in the proposal of the Standard Insurance
Company. dated April 7, 1971. Such insurance will be made available '-.:'
oi: before September 1, 1972 subject to the current availability of :the
;i.nsui-ance from the Standard Insurance Company. Any elective additional
options on the disability insurance coverage which the representatives
of the Association may recommend shall be incorporated in the police
cove rageprovided that the cost of any such elective options shall be
fii.l ly paid by the covered employee.,, ,
(b) I'lae City shall pay a maximum of $6.00.per month toward each
omployee's premium cost for a dental insurance plan to be jointly
se:.locted by the City and the Association. This benefit shall be
e,f.Cect:ive on or before September 1,;1972 contingent upon the
C-xr.cution of the necessary agreement between the Association and the
,e]ected dental insurance carrier or between City and the selected
d<,ntal insurance carrier. '
'ART]'Clj V - TUITION REIMBURSEMENT. It is understood and agreed that.
tier City representative will recommend to the City Council that the
City shall provide an educational reimbursement program to be
mutually agreed to by the City of West Cpvina and the West Covina City
Employees Association. This benefit shall apply to all Associations-..
mombors and shall become effective July. 1, 1972.'
• 'ART]CLE: VI - OTHER ITEMS. It is understood that all items relating
to employee salaries and benefits, not covered in this Memorandum, are
covered by existing ordinances, resolutions, and poliscies of the City
Council, as well as the Civil Service Rules and Regulations, 'presently
in affect.'
"I'h.i.s Memorandum of Understanding shall be effective as of July 1,
1972, and for a period of twelve (12) months shall not be subject to
any change nor further discussion.'
'AKI':ICLE. VIII. - SEVERABILIT�Y. If any provision or any portion of any
provision contained in this Memorandum of Understanding, or the :_
MW e
CITY COUNCIL 7/10/72
MEMORANDUM OF UNDERSTANDING
Page Twenty-five
application thereof to any person or circumstance, is held to be
unconstitutional, invalid or unenforceable, the remainder of the
Memorandum of Understanding and application of such provision or
portion thereof to other persons or circumstances shall be deemed
severable, shall not be affected, and shall remain in full force and
effect.,
'IN WITNESS WHEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed this loth day of July, 1972.
SIGNED BY: George Aiassa, City Manager; Leonard Eliot, Controller;
Gary D. Duvall, Administrative Ass't.-Personnel; Joe Woodford, WCCEA
Representative CLOCEA; Carol A. Whelan, President WCCEA;
Carl E. Anderson, WCCEA Salary Committee Chairman; Frank H. Jones,:..
WCCEA Vice -President. Approved as to form by George Wakefield, City.
Attorney."
"MEMORANDUM OF UNDERSTANDING. This Memorandum of Understanding is
entered into as of July 1, 1972, between GEORGE AIASSA, the City
Manager and the designated representative of the City of West Covina
(hereinafter referred to as the "City") and the WEST COVINA POLICE.
OFFICERS RELIEF ASSOCIATION (hereinaf ter referred to as the "Association.")
':I:ri accordance with Sections 3500 through 3511 of the Government. Code of
the State of California and Sections 2450 through 2465 of the West -.Covina
Municipal Code, the representatives of the. City and the Association have
metand conferred in good faith concerning the items contained in the
Memorandum of Understanding.'
' ART*[CLE I - CITY COUNCIL APPROVAL. It is .-the mutual understanding.
• of the parties hereto that this Memorandum of Understanding is of no
Force or effect whatsoever unless and until it is approved by the City
Council of the City of West Covina, if acceptable to it, and that;.
will be placed into effect when appropriate action is taken by the -City
Council to implement its provisions.'
'ARTICLE II - MANAGEMENT RIGHTS RESERVED. :The parties hereto recognize
that the City has and will retain the exclusive ri(,,ht to determine the
necessity for, and manage and direct the performance of, city services
and the employees performing such sorvices and all such rights are:
retained by the City.'
1AR`.1'1CLE:III - SALARIES. It is mutually understood and agreed that the
City representative will recommend to 'the City Council that salaries
for all Association members, cadets, patrolmen through captain, be
adjusted upward 7-,12-/ to coincide with steps and ranges of the City
of West Covina salary resolution, such adjustments to be effective.on
July 1, 1972.'
'The City representative will also recommend to the City Council the
addition of two steps to the patrolmen's salary schedule, each such
additional step to be equal to 2-1,,-/ above the prior step. This will,
result in the establishment of steps 6 and 7 for patrolmen at 2-%/ ..
intervals above the fifth step on the salary range for patrolmen and..,
a patrolman shall not be eligible t6 advance to the sixth step until.:.:,*.
he has completed three years of service at the fifth step of the
• salary range. A patrolman shall not be entitled to advance to the
seventh step of the salary range until he has completed three years.. of
service at the sixth step of the salary —range.'
'ARTICLE IV - UNIFORM ALLOWANCE. It is mutually understood and agreed
that the City representative will recommend to the City Council that
the uniform allowance for police officers be established at a maximum
of $160 annually and a maximum of $$5 annually for cadets. The uniform
allowance may also be used for leatler'goods and hand guns. All items
purchased with the uniform allowance shall become the property of the.'
police' officer. '
CITY COUNCIL, . 7/10/72 Page Twenty-six
MEMORANDUMS OF UNDERSTANDING
'ARTICLE V - OVERTIME. It is mutually understood and agreed that the
City representative will recommend to the City Council that a minimum
of three hours overtime be paid for each instance of call back and
that a minimum of three hours overtime be paid for court time when such
time is on other than regular hours.'
'ARTICLE VI - SICK LEAVE. It is mutually.understood and agreed that
the City representative will recommend to the City Council that
Association members be paid for unused sick leave time upon termina-.
tion of service other than by discharge upon the same basis as pro.-.
vided for miscellaneous employees. (Each employee shall be paid for
50/ of all sick leave accrued to the time of termination which is..in.
excess.of forty days but does not exceed a maximum accrual of one
hundred days. No more than sixty days of accumulated sick leave
shall be paid for.)'
'ARTICLE VII - MEETINGS. It is mutually understood and agreed that.
the City representative will recommend to the Personnel Board and ''the
City Council a method for permitting reasonable time off for meetings
of the Association's Board of Directors and membership. The time and
place of each such meeting shall be subject to the approval of the,
Chief of Police and shall not interfere with the normal functions of
the department. However, approval for such meetings shall not be
unreasonably withheld.'
'AR"PICL.E VIII - OTHER ITEMS. It is understood that all items relating
to employee salaries and benefits, not covered in this Memorandum,�are
covered by existing ordinances, resolutions, and policies of the City
• Council, as well as the Civil Service Rules and Regulations, presently
i.n effect. '
'AR'.l'ICLE IX - TERM. This Memorandum of Understanding shall be
effective as of July 1, 1972, and for a period of twelve (12) months
shall. not be subject to any change nor further discussion, unless
mutually agreed to by both parties.'"
'ARTIC1,E X - SEVERABILITY. If any provision or any portion of any:
provision contained in this Memorandum of Understanding, or the
application thereof to any person or circumstance, is held to be un-
constitutional, invalid or unenforceable, the remainder of the
Memorandum of Understanding and application of such provision or
portion thereof to other persons or circumstances shall be deemed
severable, shall not be affected, and shall remain in full force and
effect.'
'I;N WITNESS WHEREOF, the parties hereto have' caused this Memorandum'
of Understanding to be executed this 10th day of July, 1972.'
SIGN.I-D: George Aiassa, City Manager, John Corby, West Covina Police
Officers Relief Association; Leonard Eliot, Controller; Gary D. Duvall,
Administrative Ass't.-Personnel; and approved as to form by
George Wakefield, City Attorney. .'
Mayor. Young: Mr. Wakefield, perhaps you can give us a brief
synopsis of.the two Memorandums and what action
is to be taken this evening.
Mr.. Wakefield: The two Memorandums have been executed by -hp_
respective Employee Associations and the
City Manager-cIP'the City's representative.
The next step in the procedure would be for the City Council to approve
the Memorandums of Understanding and authorizing the staff to take the
necessary steps to implement the provisions of the Memorandums of
Understanding. That would require the amendment to the City's salary
Resolution to provide for the step increases which are recommended and
would also necessitate the negotiation by staff of the appropriate...:..
insurance policies that are referred to, particularly in the Memorandum
of Understanding between the City Fri �oyegs Association -and the City,
C.1_.TY COUNCIL 7/10/72
MI`:MORANDUMS OIUNDERSTANDING
Page Twenty-seven
Manager and to do those other things that are necessary to carry the
Memorandum of Understanding into effect.
Councilman Chappell: Are we allowed to go into an Executive Session
• on these documents?
Mr. Wakefield: Yes.
Motion by Councilman Chappell, seconded by Councilman Lloyd and ..
carried, to move into an Executive Session with regard to the two
Memorandums of Understanding.
(Mayor. Young suggested that the Council continue on with the balance
of the agenda items and then go into the Executive Session. Council
agreed. )
AMPAC REQUEST FOR Mayor Young: We have a Staff Report. This
ANNEXATION TO THE is with regard to proposed
C1TY OF WEST COVINA Annexation 219. Is this the
Mobile Home Park that we saw on our recent tour
with the Planning Commission?
Mr. Munsell: Mr. Mayor and members of Council, this is a
request by the owners of the Mobilehome Park
and the staff report would indicate in
add:i.t:i..on to that there is a small commercial area on the southeast
corner and a Catholic Church which also could be annexed at the same
t.ime although the request for annexation has only been made by the
AYFAC Corporation.
• Mayor Young: We have a Staff recommendation and this
certainly would not be binding at this point.
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, instructing the Planning Commission to study the requested.-.
annexation, and requesting a recommendation back to the Council at
its earliest opportunity.
FIE:L.,IC:OPTER LANDING Mr. Aiassa: According to our Ordinances it
REQUEST requires Council approval to
provide for a landing of a
hca.i.copter. when landing on private property. This request for
approval is for the landing of a helicopter at the South Hills
Country Club and they have complied with all the certificates and.-
romp'ied with the ordinance requirements. The'date is July 22 on
a Saturday at 5:15 P.M. and take off at 5:30 P.M.
Councilman Shearer:
What is it for?
Mr,. Aiassa:
A bride and groom have a reception at the
South Hills Country Club and the helicopter
is landing to take them to International
Airport for a plane
to San Francisco and then on to Hawaii. It is_ a
time factor.
'
Councilman Shearer:
G
Why do we have an ordinance that doesn't allow
helicopters land without Council approval?
Is there ;.ome danger in helicopter landings and
take offt? I don't quite see where this is a
.r.c!al emergency situation.
Mr.. Aiassa:
The only reasonit'came up before Council
because there will probably be 150 people at
the reception a this keeps the City harmless.
Councilman Shearer:
I don't mean that. There must be some reason
_,, 27 -
CITY COUNCIL 7/10/72 Page Twenty-eight
HELICOPTER LANDING REQUEST
to require Council action to allow the landing of a helicopter, there
must be an inherent safety factor involved. And to me to pick up
somebody to take them on their honeymoon isn't quite enough reason to
have a good reason to make it illegal - and that doesn't make any
sense!
Mr. Aiassa: A request comes in and it is Council's preroga-
tive to grant or not if they meet all the
requirements of the ordinance and we do have
emergency situations for medical reasons.
Councilman Shearer: Hold it, that is not the situation here.
Mr. Aiassa: Well how are you going to simplify it?
Councilman Lloyd: Mr Aiassa,what he is saying is if there is a
safety factor involved and apparently there.is
as a result of the ordinance and the close.
scrutiny given to a helicopter - how then can you have a wedding
wherein people live in the area and it is no great emergency involved
in it. What he is saying is what is the emergency about this specific
situation?
Mi.. Aiassa: There is no .emergency in this situation, only
that the ordinance requires Council approval.
Mayor Young: Well we are setting a precedent then as long as
anyone meets the requirements we can have
brides and grooms taking off from now on. Where
• is the closest local helicopter airport from the Country Club?
Councilman Lloyd: I believe at the Sheriff's Station in Industry.
Councilman Shearer: I don't know the circumstances of the
individuals but it just seems to me they could
move the wedding up a half hour if there is.-'.
a .reason for the Ordinance prohibiting indiscriminate helicopter
Landings.
Mr.. Aiassa: To simplify the matter, the bridegroom's
company owns a helicopter - it is a company,
helicopter and this is an accommodation they
are providing the bride and bridegroom. We made them go through the..
normal procedures of the ordinance.
Councilman Nichols: Mr. Mayor, as I understand it the purpose of
the Ordinance is to allow the Council to
assure itself that any use of helicopters
landings and takeoffs in the City will be done within a certain frame-
work of safety. Obviously if the matter of helicopter landings were
wide open we would have them popping up and down all over the City:on
public rights -of -way and everywhere else and a great liability
could accrue. I think the Ordinance is a valid one but Council may
wish to amend the Ordinance to create administrative discretion in.-.::
handling these matters, but the Ordinance is on the books and there
only for the prevue of the Council in order to assure us that no
particular hazard is involved. This takeoff and landing is on private
ground and it doesn't interfere with the public safety and convenience
and they .meet the requirements of the Ordinance. I Mink it is
Council's job to say is this hazardous to someone, is this something
we should not permit? And as far as'I am concerned in the interests
of expedi.ting the matter and perpetuating true love I think we ought to
approve it.
Mayor Young: Construing that as a motion we now have a
second. Is there further discussion to the..
motion?
28
0
f
CIA"Y COUNCIL,
I-M'11�.ICO.PT.I;R LANDING REQUEST
7/10/72
Page Twenty-nine
Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
Ri..so,,UTTONS OF Mayor Young: We have two Resolutions of.
COMMIT;NllA'1`:[ON Commendation to two retiring
employees of the City.
RESOLUTION NO. 4595
"A
RESOLUTION OF THE CITY
COUNCIL OF THE CITY
ADOPTED
OF
WEST COVINA COMMENDING
MARSHALL F. HENSON
FOR
HIS SERVICES TO THE CITY."
RES01,LI'IION .NO. 4596
"A
RESOLUTION OF THE CITY
COUNCIL OF THE CITY
ADOPTED
OF
WEST COVINA COMMENDING
DONALD J. LARGENT ,.
FOR
HIS SERVICES TO THE CITY."
Motion by Councilman Chappell, seconded by Councilman Shearer and
carried, to waive full reading of the body of said Resolutions.
Motion by Councilman Chappell, seconded by -Councilman Shearer to adopt
said Resolutions. Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
GRANT AXPLICATION Mr. Aiassa: I have one additional informa-
tional item. At the Council's
Last meeting we had Resolution 4588 introduced, which is the submi.saion
of a grant application for the Police Officer's Traffic Safety records.
-1 am going to provide a written report for Council with several
alL-er-natives and this will be at the meeting of July 24th. This does
constitute the use of a computer and there was a request that it be
brought back to Council in a publica presentation and I think it would
br bcttrr to have a written report.'
COAS'.1.' CONSTRUCTION CO. Mr. Aiassa: This item came in late and. was
TRACT 29080 & 29957 given to the City Clerk.
ZONE; CHANGE #468 Perhaps Mr. Zimmerman can
clarify this.
M,iyor Young: What is your pleasure, gentlemen.
Councilman Shearer: Glancing over it it seems to me it is an
administrative matter about getting building.:
permits, etc., or have I misread the letter?
Mr. Zimmerman: This matter of the Villas construction was
under a moratorium for 90 days, as you will
remember. The 90 days is now ended; however,
the, rezoning has not been finalized and your honorable body approved*
the introduction of the Ordinance for zoning tonight and this will
require a month before the zoning becomes effective. However it
appears on, consultation with the Planning Department that building.
permits to County standards, which is the existing zoning and which
is the request of the developer, could be issued at this time.
So it appears it would be an administrative matter under those
Circumstances.
Motion by Councilman Nichols, seconded by Councilman Lloyd and
carried, to receive and file this communication.
C01_'1_1EY INTERNATIONAL Mr
CORPORATION
make a survey and the date
I: would suggest you direct
Aiassa: The other additional item..
is that of Copley International
Corporation. They want to,
they want to do the field survey is the 27th.
the City Manager to direct Staff to work
I'
29
CITY COUNCIL
7/10/72 Page Thirty
COPLEY INTERNATIONAL
CORP.
with these people so
there will be no problems.
So moved by Councilman Nichols, seconded by
Councilman Lloyd.
hMayor Young:
Is there a fee involved in this?
Mr. Aiassa:
According to the letter there would not be a
fee.
Motion carried.
MAYOR'S REPORTS
Mayor Young:
We have before us three Resolutions commending
William Beem, Arthur Sanborn and W. M."Doc."'
Sooter for their services as commissioners
in the City of West Covina.
RESOLUTION NO. 4597
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED
OF WEST COVINA COMMENDING WILLIAM BEEM FOR HIS
SERVICES TO THE CITY." (Human Relations Comm.)
RESOLUTION NO'. 45.98
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED
OF WEST COVINA COMMENDING ARTHUR SANBORN FOR_
I-II:S SERVICES TO THE CITY." (Personnel Board)
RESOLUTION NO. 4599 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ADOPTED 0.1" WEST COVINA COMMENDING W. M. "DOC" SOOTE"
FOR HIS SERVICES TO THE CITY." (Recreation-.&.
Parks Commission.)
Motion by Councilman Chappell, seconded by Councilman Lloyd and
carried, to waive full reading of the body of foregoing Resolutions..
Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt
the :foregoing Resolutions. Motion carried on roll call vote as foI'lows:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
F'ROC:I_AMATION Mayor Young: I have been requested to pro-
claim the week of September 17
through the 23rd as Junior All
Amorica.n Football League Week. Thi's would coincide with the opening;of
the local Junior Football schedule which I believe starts on the l6th of
September. They would like such a proclamation presented at their
opening game, which I will be happy to do, or some member of Council
can do it. If there are no objections I would so proclaim and request an
appropriate proclamation resolution be drafted.
So moved by Councilman Lloyd, seconded by
Councilman Chappell and carried.
ROTARY CLUB LETTER Mayor Young: I would like to present to.
the Council a letter I have
received from Harvey Krieger:
representing the Rotary Club of West Covina stating "As a follow up., -to
my last letter I am enclosing herewith a contribution from the West*
Covina Rotary Club to the City of West Covina in the sum of $200.00."_.
It :is requested that these funds be used for the repainting and
reca.rpeting of the trailer donated to:the City by the West Covina
Rotary Club and used by the West Covina Police Department for the
display of'law enforcement information and.material. With regards
from Haryey.Krieger." And a check enclosed in the amount of $200..
from the;>West.Covina Rotary Club payable to the City of West Covina...
30
CITY COUNCIL 7/10/72 Page Thirty-one
MAYORS REPORTS - Cont'd.
I think we should have a motion to accept this gift if this is the
wisdom of the Council.
So moved by Councilman Lloyd, seconded by
Councilman Chappell.
Councilman Nichols: Mr. Mayor. Along that line Mr. Aiassa would
you provide at your convenience a report to
Council on the present use of the trailer .
during the summer months and see if the use is appropriate in terms
Of the usage of these funds.
Motion carried.
Mayor Young:
I would like to suggest an appropriate letter
be sent to the West Covina Rotary Club and..I
vary :fine gift indeed.
would be most happy to sign it. This is a
(Council agreed.)
Mr. Aiassa:
Mr. Nichols,are you referring to the part time
use of the trailer -for recreation use?
Councilman Nichols:
I believe there may be some implication in:that
use in the terms of the intended use of the
trailer for the purposes of the monies and i
think we ought to look at that.
COMMISSION
REAPPOINTMENT
Mayor Young: Gentlemen, I overlooked an....
•
announcement at our last
meeting so I will simply
announce it at this time. The reappointment:.
of Russ Teall to the Human Relations Commission.
my reports.
And this concludes
COt1NCILMEN'S REPORTS/
Councilman Lloyd: Mr. Aiassa, I submitted
COMMENTS
a Sound Noise Abatement
thing - where do we -stand?
Mr. Aiassa:
Mr. Wakefield and I are hot on the trail arid: you
should probably have it the end of this month'
or the first part of August.
Councilman Lloyd:
I note there is one new piece of equipment for
the dimension of sound levels, the cost of
which is below $100.
Mr. Aiassa:
Right,it picks up motorcycles:
DEMANDS
O ..
Councilman Shearer: I have a question.
There is an item here
West Covina High School
fo.the
All Night Party Committees $I5wou0ldolike to.-
know what that was for?
Mr. Eliot:
Controller
That was a. refund to the Committee for
additional police security All of the
paid for in advance.
officers did not work the hours they were
Motion by Councilman Shearer to approve Demands totalling $551,152..73
as listed on Demand Sheets C836 through 837, B53.4a-536a and B522-525a
This total includes payroll and interfund transfer. Seconded by
Councilman Lloyd and carried on roll call vote as follows:
AYES': .,Councilmen: Shearer, Nichols, Lloyd, Chappell, Young
NOES: None
ABSENT: None
31 -
CITY COUNCIL-7/10/72 Page Thirty-two
THE CHAIR CALLED AN EXECUTIVE SESSION AT 10 P.M. COUNCIL RECONVENED AT
11:15 P.M.
Mayor Young: We have reviewed two Memorandums of Understand-
ing. One from the West. Covina City Employees
• Association and one from the West Covina Police
Officers Relief Association. It is the consensus of the Council that
we would like to consider across-the-board salary increases between the
range of 3/ and 5%/.
0
With respect to the request of additional
steps to be added to the patrolmen in the Police Memorandum, the
Council does not accept this. Council does accept the concept at ...
least of the increase in uniform allowance and the overtime and si.ck
leave.,
With respect to the miscellaneous employees,
the West Covina Employees Association Memorandum of Understanding, the,
consensus of Council is the same. We are thinking in the range of 3/
to 51-2/. We do not agree with the concept of midyear increases. We do
not agree with the concept of additional insurance benefits as
requested in the Memorandum.
We are requesting the City Manager to provide
us with projected costs, give us projected costs of an increase f.rgm
3/ up to 5%/. This will also apply to the Fire Department. This will
be exclusive of the Department Heads in that Department as well.
Have I correctly stated our consensus, gentlemen? (Council agreed..).
ADJOURNMENT
A'I'T].:ST :
CITY CLERK
Motion by Councilman Chappell, seconded by
Councilman Lloyd and carried, to adjourn
meeting at 11:17 P.M.
APPROVED:
MAYOR
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32 -