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10-24-1972 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 24, 1972, The regular meeting of the City Council was called to order at 7:31 P.M.,', in the West Covina Council Chambers by Mayor Robert Young. The Pledge ofj UL,011egi,ceanwas given; Councilman Lloyd gave the invocation. CALL Present: Mayor Youngs Councilmen: Shearer, Nichols, Lloyd, Chappell Others Present: George Aiassay. City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Services Director Mac Winters, Civil Engineering Associate Ken Winter, Planning Associate Leonard Eliot,.Controller R. Bonham, Administrative Analyst Richard Munsell, Planning Director Ray Silver, Administrative Analyst, Jr._ Allen Sill, Police Chief Claudia Luther, Staff Reporter - LAT Jeff Schenkel, Staff Reporter - SGVDT CONSENT CALENDAR Mayor Young explained the procedure of the Consent Calendar items and asked if there were any comments on any of the. following items: I. WRT91TF.N CnM.MtTNTCATTONS a) SPANISH TRAILS GIRL SCOUT COUNCIL b) CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOC., c) J. FRANK HAVEN VICE-PRESIDENT INDEPENDENT CITIES OF LOS ANGELES COUNTY Request to sell Girl Scout Calendars from November 17 thrbUgh December 15, 1972. (Approved in prior years. Recommend approval.) Re holding West Covina City Employees Association meetings on city time. (See lis:aps;�io-n, on Page 2 9,) Re meeting on November 22, 1972. (Council) (See Page 2) d.) ROBERT E. BANES, of Commissioners -Board members, a branch PRESIDENT of National Recreation & Park Association, Commending Recreation & Park Commissioner Joan Wilson. (Receive and file) e) LOS ANGELES CHAPTER Request for permission to conduct annual OF MUSCULAR DYSTROPHY fund-raising appeal during month of ASSOCIATION December, 1972. (Approved in prior years., Recommend approval.) 2. PLANNING COMMISSION a) SUMMARY OF ACTION October 11, 1972. (Adjourned meeting. Accept and file) b) SUMMARY OF ACTION October 18, 1972. (Accept and file) 3. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS PRECISE PLAN 236, REV. II LOCATION: Southeast corner of Merced and FIRST CHURCH OF CHRIST, Butterfield Avenues. SCIENTIST Accept street improvements and authorize release of cash deposit in the, amount of t $2,000. (Staff recommends acceptance) CITY COUNCIL Page Two CONSENT CALENDAR - Cont°do 10/24/72 4: CLAIMS FOR DAMAGES FILED WITH CITY CLERK r a) Donna Braunwalder Damages to door. (Deny and refer to 811 W. Durness St., W.C. Insurance Carrier and City Attorney) b) Lavinia Miller Street Sweeper accident. (Deny and refer 1246 E. Portner St.,W.C, to Insurance Carrier and City Attorney)- (See be- c) William Wyman Assault and Battery. (Deny and refer to low) 325 N. Glendora Insurance Carrier and City Attorney) Glendora CITY TREASURER'S REPORT September, 1972. (Receive and file) Mayor Young: If no one else asks that Item 1 (b) be with- drawn from the Consent Calendar, I will. Does anyone wish to speak on any of the items on the Consent Calendar? Councilman Nichols: Mr. Mayor, I would like to make a comment on Item 1 (b). The letter is addressed to the Mayor and City Council, dated October 3, and appeared in the Council°s packet this past Friday. It seems to be a rather undue delay in reach- ing us® nonetheless the letter requests that the matter be placed on. the Council agenda for consideratilan at the next regular meeting. Having only received the letter tonight I can only respond the request is for it to be placed on the next meeting agenda and not having been before us before we could not place it on this agenda and it seemed to me it would be appropriate that the Council direct that the matter be placed on the agenda of our next regular meeting. That would be my feeling about it. Mayor Young: Could I suggest that we hold this for a moment and complete the remainder of the Consent Calen- dar and then take this up as the very next item of consideration? Motion by Councilman Chappell that Consent. Calendar Items 1 through 5 with the exception of Item 1 (b) be approved. Seconded by Councilman Lloyd. Councilman Shearer: A question. Item 1 (c) - there is no recommend;-._e odrdisposition? Mayor Young: I think that is informational only. Councilman Shearer: Fine. A general question regarding Item 4 Claims. I noticed one in there had to do with an alleged backing of a street sweeper into a private vehicle. Just a general "if" - if the incident did occur as stated and=t-he'insurance company did give in without a fight, how soon could the claimant expect payment? Mr® Wakefield: Councilman Shearer and members of the Council, usually in items of this sort the insurance carrier refers the matter directly to its Claim Adjuster and they will. send someone out to check on the facts and if as alleged I am sure they will proceed to act to negotiate a settlement of the claim. I would... think two or three weeks at the most.. Councilman Shearer: Then at the threat of being accused of nosing. into the administration of our City, I think if our Street Sweepers are in fact in the habit of backing up, anybody familiar with a street sweeper knows that is a dangerous practice, and I would suggest that this be reviewed with the Street Department. A treet sweeper has very limited ability to see to the rear and things ike this can happen. Mr. Aiassa: Councilman Shearer, the problem will be presented to a Safety Committee consisting of three-'CIDeptr—twient Heads and they will review the entire incident and recommend either dis- ciplinary action or how to correct it so it does not occur,,and this -.goes,,-on the employee's record. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None - 2 - CITY COUNCIL PRESENTATIONS: Page Three 10/24/72 RESOLUTION OF COMMENDA- Mayor Young: At this particular time TION TO ARTHUR SANBORN, JR. it is a pleasure to invite to the podium a former member of the Personnel Board, Art Sanborn. Mr. Sanborn has erved the City of West Covina actively since June of 1966 and terminat- ng in June of 1972. A period of six years as a member of the Personnel Board. I had the pleasure of serving with Art for a year and I have known all through the years of his dedication to the City of West Covina and good government in general. It is a special pleasure to me to have the honor on behalf of the City Council and everyone connected with the City, to present this Resolution of commendation for your service to the City. Arthur Sanborn, Jr. I am really deeply honored and grateful that you have given me this plaque. I feel in all good conscience however that I would be remiss if I didn't say tonight that I really believe I received more benefit from my experience on the Board than I c6rtributed,toLit. It is an experience that I wish every citizen could have. Thank you very much. COMMENDATION TO Mayor Young: At this time I would like to call BUD DEWEY NEWTON Bud Dewey Newton to the podium. We have with us the Chief of Police, Allen Sill, and I think it would be appropriate if he made this particular award on behalf of the City Council., the Police Department and the City. Chief Sill: It is our pleasure to present to you a Certificate of Appreciation from the West Covina Police Department; however, the signatures include those of the Mayor and the City Manager. What Mr. Newton did to earn this reward was to unselfishly give of himself at the time of a very tragic accident on the freeway. He assisted our man in pulling a man out of a burning car that surely would have died without that help. This is the kind of an act which comes naturally, he isn't trained or taught, I am sure and those of us in the Police Department and the City Council, I am sure extend our thanks and appreciation to you for this heroic act. Mr. Newton: I don't really feel that I did anything that say someone else wouldn't have done in the same position. It was just one of those things that happened and I just did what I felt was necessary. Thank you. CALIFORNIA LEAGUE OF Mayor Young: At this time we will return to CITY EMPLOYEE ASSOC., Item 1 (b) of the Consent Calendar. What is your pleasure, gentlemen? Councilman Shearer: Mr. Mayor. I am willing, since Mr. Woodford is here, I assume with the understanding he was to speak, I think he should be afforded the opportunity to speak. Now whether we reach a decision on this this evening is up to the Council as a whole, but I think the opportunity should be afforded to him. Councilman Lloyd: Mr. Mayor, I concur. Councilman Chappell: It i.s.appropriate that we do allow him to speak because in the format of our Consent Calendar we so state that this is a possibility and we have it on the Consent'Calendar, so,I would be willing to hear what he has to say and then we can make our decision when he finishes. Mayor Young: Mr.. Woodford, I will rule that you may speak in light of all these votes. 3 - CITY COUNCIL CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCS. Page Four 10/24/72 Joseph Woodford Representing the West Covina City Employees Staff Representative Association. The letter you have before you Calif. League of City . just really briefly outlines a series of events Employee Associations leading up to the meeting this evening. Rather than take a lot of time I would rather just bounce an idea off your head, so to speak. What we would like to propose s that the Council appoint a Committee of two to meet with us in an ffort to develop a policy and reasonable rules allowing the West Covina City Employees Association Board of Directors to meet on city time, much as they had done prior to May or June. We feel that such a move would help further constructive labor relations between the City and the Employees Association. It was also our belief that it is far better to have an ongoing program of communications with a recognized organized employee organization as a method for resolving conflict. I think that very briefly is our request. I would be willing to answer any questions if you gentlemen have them. Mayor Young: Thank you, Mr. Woodford. Is there any dis- cussion from Council? I gather the letter basically boils down to a request for a Subcommittee of _the City Council meeting with Mr. Woodford and other officers of the Association to try <t.6. resolve some of the problems raised in this letter. Councilman Shearer: Mr. Mayor, it seems to me there is apparently a basic issue here. One attorney says it is in conformance with the statutes and another attorney says it isn't. Until this is resolved however, I don't think it would do us much good to appoint a Committee to work on an idea which our City Attorney says is illegal. I am at a loss other than that. I am not for or against it, .but I am not for it if it can't be done legally. Maybe Mr. Wakefield can help me out. Mr. Wakefield: Mr. Mayor and membersof the City Council, I think Councilman Shearer has referred to what apparently is a basic disagreement between my opinion and the conclusion reached by Mr. Faunce, attorney, on behalf of the .Employees Association with reference to the legal right of the City to permit city employees who are members of the Board of Directors of'the City Employees Association to have time off from their regular duties to participate in meetings of the Board, and in my opinion this is no different than any other private organization which the city employee may belong to.: In_, the absence of some citation by Mr. Faunce or'any one else which indicates the City has the prerogative of giving city employees time off for personal affairs it is my opinion that right does not exist. The City Employees Association seems to rely upon the fact that this practice has been condoned or at least they have utilized it for a number of years. Unfortunately, the other day I got a ticket for going 35 miles an hour in a 25 mile an hour zone and I tried to explain,to the officer I had driven up and down this street for many years and this was my customary speed and he really wasn't impressed,by it. I think the same thing is true here. The fact that this practice may have gone on for sometime in the past doesn't cloak it with any legality. It is simply one of those things that has existed. The City Manager did suggest to the Employees Association that they place the matter on the next scheduled meeting with reference to salary and wages and working conditions, with the expectation that perhaps some guidelines could be established which would be acceptable to the Employees Association. .If the employees wish to take time off without pay from their regular duties to attend a Board of Directors meeting that is one possibility which would not be legally objectionable. Another might be that they would credit the time taken either against overtime or vacation time. There are a number of ways by which the 4 - CITY COUNCIL Page Five CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCS. 10/24/72 problem can be solved, but none.of them involve the gift to the employee of the time which he is taking from his officially assigned duties to perform services on behalf of his Employee Association. I am sure the Council can appreciate the problem hich would arise if the same principle were extended to the employees in the shift departments; the Fire or Police Department, where n employee is assigned on a particular day to work a particular number of hours. The sameprinciple is applicable to city employees. They are assigned to work from 8 to 5 daily and they owe that number of working hours to the City. There has been.nothing called to my attention which would indicate to the contrary and frankly I think it is simply one of those things that can only be resolved on the basis of some meet and confer sessions which will provide the opportunity to develop some suitable guidelines to regulate what is claimed to be a past practice. Councilman Shearer: I am a little more confused than I was when I started! If there are specific prohihitdo ns in the code that say:, you can't do it than how can it be made a subject of meet and confer with the assumption it is up for grabs? How can we meet and confer on something that is illegal to allow? , Mr. Wakefield: What I suggested as a basis for meeting and conferring with reference to the proposal was that the employee would either take the time off without pay which he spent in connection with the Board of Directors meeting or in effect pay back the time by charging the time taken off against overtime or accrued vacation. The problem really is making a gift of public funds and it is a constitutional prohibition that is involved here. It is not merely the fact that the employee is paid for the time and the time he is paid for he owes to his employer. The City can't authorize him to take time off for personal business and still pay him for that time. Councilman Lloyd: Mr. Mayor m I think that the City Attorney has very clearly outlined where we stand on the thing, we can't give away public funds in- . time;, unless we decide that shall be ;pol..Id`_` and I assume it would require the enactment of some sort of an ordinance. It really isn't germane whether this be done or not done at this moment. I think it is a subject for meet and confer. I think the basic thing here is are the - rights of the city employees trammelled on in anyway by the fact they are not allowed to meet on city time at their own convenience, not at the City°s convenience, which would be another time. In the orderly flow of our society those of us who participate in many activities, whether it happens to be United Crusade or Little League or even an Association with its union activities, those activities are conducted normally outside of the business hours of the organization even though they affect that organization, which they do in this case. I think there is a deeper thing here, where I gather from the comments made and I did not read this in the letter from them, that they wanted to speak to the Council. I have said this before and I say to Mr. Woodford now or to any of his oE'ume anized people, I know you have spoken to other Councilmen and suld you desire to speak to me (and I can't speak for the rest but I they.. would be just as open as I am), that you are welcome to do SO. But if you wish to speak to me as a Councilman directly where I am in representation of the total of the City and in concert with the rest of the Council, then that meeting has to be scheduled in a public situation. I would be less than honest if I didn't say to you directly that no matter how I may feel about anything in the finality of things if we are to -have an orderly process in this City, I, as a policy maker must set the policy and in turn Mr. Aiassa who is the hired professional leader in the administrative processes of this City must administer and this I believe falls in those processes. ® 5 CITY COUNCIL Page Six CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCS. 10/24/72 If you wish to present a specific point of view I think you are more than welcome to do that, at least as far as I am concerned, and I shall listen with open ear and if there are some irritations which will be solved through that methodology then indeed 9 lease afford yourself those good offices but if it pertains in anyway, hape or form as to whether you should have an hour off or a minute off, don't really have that authority(unless I enact another ordinance in this City),to stand up here and tell Mr. Aiassa to go ahead and do that because I have told him other things. I have required of him and many times have been awful grinding about the fact that I expect him to keep 'both his staff in line and do the job at hand. I really think this is what we are down to on this thing. There are some irritations, I gather. Well there are in any organization. I spent twenty years in the military and I want you to know - and this is going to come as a whale of a shock to you - I got irritated once -in:. awhTz-l.e:'9c , collectively and individually, just as you do. I am sure you see Mr. Aiassa at times in the role of an autocrat and it doesn't make any difference, he is the boss. He is the boss because we have hired him to do a job and I will not tie his hands. However, I will approach any problem that has been presented with an open ear. We have the Personnel Board which is open to you, if that doesn't seem to avail you the relief that you feel you ought to be accorded and if you don't get the relief you feel you ought to be accorded through your own processes, then indeed as a democratic function of our government you have the right to talk to me. I am not speaking for the rest of these men, I am speaking for myself, and I personally feel very strongly that in the finality of things, even. though I might disagree with him, and in this case that is not so, but even if I might disagree with him., I feel compelled to support the organization in the,dmn:it:t:crn<_,c and that means I will work through Mr. Aiassa® I think that is what this is all about. The door is open, you want to talk to me you come to me at 4:30 or 5 at my office and I am available, as you well know. On the other hand if it involves the meet and confer processes, regardless of the fact whether you have done it a hundred times before, the fact remains the issue is now made and we are reducing it to the written terms. We are beginning to pick the nits - if you want to get down to it we are beginning to dot the is and cross the tBs and being very specific about it and we are talking about attorneys. I will say this, I am sorry we have ' , arrived at this point because it does not provide for a much easier relationship which I would like if I had my way about it, but I don't have my way about it. I have advised .Mr. Aiassa that he himself should remove himself from much of the process of meet and confer. I have told him he should hire a professional. I think we have arrived at a point in our labor relations in our industrial relations where this has to be the thing. I think this is what it is all about. This isn't just the employees you represent, this is the Fire, Police and the whole thing. And if that is the way it has to be, so be it. I do think one thing - if indeed you have asked that you are wanting to meet with this body aside from Mr. Aiassa, I would be the first to :say an unequivocable B°no91. I will not meet with you on that basis, I don't have that .right, unless I am prepared to demand Mr. Aiassa°s resignation and I am not. Mayor Young: My thoughts are somewhat parallel with Councilman Lloyd. I think we are at the point and we have to recognize it and I have said this before and I will say it again, we are in a new ball game in employee relationships —Three or four years ago there w4as kind of a camaraderie under a different system and now for whatever reason employees and management and Council are in hard core bargaining type of situation. So we are forced to deal according to the letter of the law. 6 CITY COUNCIL Page Seven CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCS. 10/24/72 In the past if the City has been too lax in allowing time off when it should not legally have done so then it is high time it is corrected and I congratulate the City Manager for doing that because there are other precedents in the past going both ways that are no longer in the ball game. I think the City Manager should omply with the letter of the law as it is interpreted to him by our ity Attorney. And if there is disagreement as to the meaning of the aw then there is the avenue of the courts open and that is exactly what the courts are there for, to instruct or decide on these things. If that is the way it has to go then that is the way it will have.to be, the court will have to rule on it. I am sorry we can't go as we have in the past and obviously we. can't. If the City Manager has contradicted himself as suggested in this letter then there is ample time to withdraw that contradiction and I am glad you brought it to our attention. If this is not a subject for meet and confer then it is better to know about it now and let the issue be settled by the courts or other legislature, otherwise we will rely on our City Attorney. Precedent has been abandoned certainly by the city employees, so I see it no more binding on the City Manager. We are trying in our very best way to follow the law in good faith and on occasion in doing that we are accused of bad faith when we are simply following the law in good faith. I don't think the matter can be resolved any further by this Council. I am certainly ready to talk individually, myself at any time as you all know. Councilman Nichols: Quite often when matters.of concern come to the Council expressed by various individuals or groups, whether they be city employees or others, these communications by inference imply a deficiency of judgment or action on the part of the management of the City and the Council's response is and appropriately so, that matters are delegated to the City Manager and therefore the Council will not interfere in that area, and that unless we are ready.to fire a City Manager these decisions of an administrative nature must stand. And, I take no issue with that at all, but implicit in these matters is the need for full and open communication between management and public, management and employee. If an individual comes to deal with the management of the City and does not feel he can deal, he has no communication, he has no avenue, no route, then he comes to the Council and the Council's only response is "that is an administrative decisions I think frustration can be created. I don't know to what extent that sort of situation may or may not have developed in the past but implicit in this communication is a charge in effect that a problem exists and that theie;:has been no appropriate communication. I don't think. the Council should just let the whole matter rest on the basis _"it is an administrative decision", I think the Council should give the City Manager an opportunity to review the allegations made here and to respond at some appropriate time to the Council in terms of the kinds of responses that he has made to the employees of the City. I don't think this needs to be a backroom sort of thing or private, I think the Council rightfully should assure itself and reassure itself that.the best possible management/employee communication lines are being maintained at all times. Here we have a letter that states without equ vocatj6fis: that communications were upened on the .part of employees"in May in regard.to this particular tter and they state absolutely again without equ.ivoca:'ti®n.5.9 they were ignored, that they received no response of any kind, that in fact the President of the Employees Association, which is rather a signifi- cant personality in office; wrote a letter in June of 1972 and received no answer and no communication, and if that were true it would tend to build frustrations. I think if we let it rest at this point and do not enable the City Manager to respond in these areas that we are really not performing our function of supervision and that is really what we are, supervisors of management. It can't all be done by telephone or over luncheon meetings. So before we leave this I would like to make a 7 CITY COUNCIL Page Eight CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCS. 10/24/72, request that the City Manager carefully analyze this letter in terms of these kinds of charges and then respond to the Council as he sees fit and when he sees fit as to the -valc;ty of these kinds of charges and if not ,valid, then provide for Council an.,explanation of his efforts to thoroughly explain to the employee groups these matters. In -the climate that exists today among our City employees I think many actions -of management that otherwise might be accepted without challenge, will:be considered of a,punitive nature and particularly where a type of activity ha's'gone on in the City for. more than 10 years without question by -,.anyone at any source and then is with- drawn oh. -the basis o, tYie attorney °.s recommendation. I think it is a very delicate elemeht.o.f management/employee relations and I would like. to be better informed -on it.' Not .4ere or now . but, so that I would be able to say more thin Bewell thAt as an'administrati.ve decision and that is.the way it is boys.." Mayor Young:.'?' I would like to respond to this extent. Apparently the issue did xise in May based on an opinion from the City Attorney, Mr. Wakefield, dated May 16., 1972. -"This fact:,was communicated to the Employee Association qt:?n iJne,p 1972 ,through its legal counsel they decided they disagreed with that, Now we are in the issue where. attorneys disagree. They rely on their attorney and we.rely onours° I don't know how much more you communicate once attorneys are at loggerheads. Councilman Nichols: I am referring, Mr. Mayor, to this letter and the charges made in it. Not that it is a matter of fact but that simply it rests in the minutes of this meeting as a matter of record which states on the 24th of June that the President of the Association of Employees sent a letter request- ing a meeting with the .City Manager to resolve the problem, and that no' answer ever came. Now that is what it says in the letter. I am not making a finding as a Councilman, nor who said what or who did what., but as a Councilman I am saying I think I.would like to have more response to the elements of this letter. Mayor Young: The letter goes on to say the City Manager finally did respond on September 11, 1972. We all know the day to day pressures that exist throughout and particularly at,that time of the year and his response is he is going along with the City Attorney°s opinion, which seems to me to be an appropriate response. I would be very upset if he over- ruled the City Attorney on .a matter that is essentially a legal issue. Councilman Nichols: Again, I am not n.g this letter as a state - went of facto Let me only conclude my remarks by saying that: 1 - According to this ,letter a period of 3% months..went byrwithout a response to a letter from the President of the Employees Association; That seems an inordinate delay. 2_ - ,: Any one of, 'us as a Councilman have at anytime the privilege of requesting clarification from the City ,Manager and that is all I ask for. I.don°t wish to debate the merits of the letter or the validity of the employee complaint, only that I' ,feel I would like more clarification on this matter ,from the City Manager. councilman Lloyd: Mr. Mayor. I thought I stated my stand fairly clee,r and I haven't changed any, but ,it has been policy and practice and I concur with Mr, Nichols, �f he wants sn answer .I jo'.n him in seeking that same. answer, bip,.c use think it is �n 'the best interests, of this Council If indeed . there. is th; s fru5trat16n. and irritation, which is evidently the tenor of :tlie. letters' then I think`�.exposure and reiteration by the City Manager. would pi'oi? bly help a 1i:ttle. bit on that too. I do point.. out, as you pointed out, I*think we have'made tremendous demands on the ®L,B CITY COUNCIL Page Nine CALIFORNIA LEAGUE OF CITY EMPLOYEE.,ASSOCS. 10/24/72 City Manager. I also know the City Manager has changed his staff in4-a great many ways. He lost some very qualified people and he has newer people coming up and as a result the i�zrden rests even more strongly :upon him. If anybody has been demanding in the area, particularly of redevelopment, I am sure I create a problem all by myself just as one Councilman I demand reports and want to know where things are and very frankly I think the City Manager responds a bit more hastily to me than e does to the employees of whatever Association it may be and my demands are not easy, and I. am sure the rest of the Council°s &emands are the same. However, I agree with Councilman Nichols, if he wants a report I would agree. Mayor Young: Why don't we have a motion to refer to the City Manager with a report back to the City Council? Mayor Young and carried. PUBLIC HEARINGS UNCLASSIFIED USE PERMIT NO. 175 PARCEL MAP NO. 2675 SISTERS OF IMMACULATE HEART OF MARY So moved by Councilman Lloyd, seconded by LOCATION: Northwest corner of Sunset and Merced Avenues. REQUEST: Approval of an unclassified use permit to allow a gasoline service station :rid a parcel map to divide property to create a 150 foot x 150 foot parcel, upon which said service station would locate. , Present zoning of the subject property is Neighborhood -Commercial (N-C) Zone. Denied by Planning Commission Resolution No. 2422. Appealed by Applicant on August 4, 1972. Held over from September 11, 1972 to this date at request of applicant® Councilman Shearer: Mr. Mayor, a question of the City Attorney. Could I request, mainly for my own benefit, from the City Attorney a brief review of what facts have to be shown, what has to be provO'p in order to grant an unclassified use permit, wIldsee responsibility it';i to approve or disapprove and in general what are the requirements that we, as a Council, must have in order to issue an approval of a permit? . Mr. Wakefield: Mr. Mayor and members of the Council, an unclassi- fied use permit falls in the same general legal category as a variance. It is different only in the sense that an unclassified.use permit is. designed 'to control specific kinds of uses and while those uses may be authorized in a particular zone in the City the unclassified use permit can only be,granted upon a showing that the proposed use at'the location proposed will, serve the public interest and will not be detrimental to the properties in the surrounding area. Those are the main basic criteria. The burden is upon the applicant'to establish those facts that persuade the City Council that the use will serve the public interests and it is so located it.will not be detrimental to surrounding properties. If the City Council is persuaded that the facts have been adequately demonstrat- ed then it has the authority to grant the use permit subject to.whatever conditions are appropriate. In this particular instance the unclassified use permit was denied by the Planning Commission after a public hearing and has been appealed to the City Council. The City Council is obligat- ed under the provisions of our own ordinance to rehea�rtfthe matter and make its own decision with reference to the merit or lack of merit of the proposed use at, the;loc,ation at, -which it is to be established. - Mayor -Young:.', Thank you, Mr. Wakefield. - 9 - CITY COUNCIL Page Ten HEARINGS: UUP #175 & PP #2675 10/24/72 Mr. Baldonado: Mr. Mayor, may I address a question to the City Attorney? Mayor Young: What is the=,nature of the question? It is a little premature but address it to the Council and we will decide. r. Baldonado: The question involves the applitAbilit.y, of -the Friends of Mammoth case decided on September 21st. This matter was before the Council on September llth. Mayor Young: Would your question relate to a request for a continuance on your part? Mr. Baldonado: Mostly for clarification. As I read the particular case that I referred to and that I talked to Mr. Wakefield about this afternoon it would seem that this particular application would require an Environmental Impact Study and that without it whatever decision would be -affected - the particular decision has created a lot of uncertainty in the area of building permits, insurability of title of properties, and it might be an item that could be taken up at this time rather than spend a lot of time debating the actual merits of the matter. Mayor Young: Would the question then be basically, Mr. Wakefield, in the absence of an Environmental Impact Report would any purpose be served, let's say by granting or upholding the appeal of the Sisters of Immaculate Heart of Mary and granting the unclassified use Ipermit that has been requested? Would that simply be an academic exercise with no actual concrete result flowing from.it without further hearing before the Planning Commission? Mr. Wakefield: As I stated to Mr. Baldonado when we discussed the matter I wish I knew the answer to his question and I would be glad to pass it on to you. However, this much is true. The Planning Commission did hear this matter before the State Supreme Court decided the Friends of Mammoth case and as we discussed at our last meeting somewhat briefly, the Friends of Mammoth case concluded that those provisions of the Environmental Protection Act of 1970 which seemed to say on their face are limited to public projects also applied to private projects where a public agency was required to grant a permit, issue a license or issue a building permit. There are two parts really to the Environmental Protection Act of 1970. One part says in, effect that a City like the City of West Covina, which does not have a Conservation Element in its General Plan must make a determination preliminarily that a particular project will or will not have a substantial effect upon the environment of the community. If the determination is made that the project may have a substantial effect on the environment then a formal Environmental Impact Report is required and the purpose of that report isito give the public agency and also the private property owner and developer an opportunity to make whatever modifications in the project eay be desirable to eliminate or to at least control and minimize the nvironmental impact of the project. My personal opinion with reference to a matter of this kind is thereisan obligation on the part of the applicant for the permit to develop as part of the hearing process those facts which indicate to him that the project will or will not have a sub- stantial effect upon the environment. At the conclusion of the hear- ing the City Council would make a finding with reference to that matter either finding in its opinion that it would or would not have a sub- 10 - CITY COUNCIL HEARINGS: UUP #175 & PP #2675 stantial effect upon the environment. then the hearing should be continued opportunity to present a more formal could be reviewed by staff and staff to City Council on that matter before Mayor Page Eleven 10/24/72 If it determines that it would to provide the applicant with an Environmental Impact Report, which could submit its recommendation the final decision is made. Young: What kind of evidence do we base .a Iind.ifg.hke that :on - essentially is anyone prepared to present evidence pro or con on the Environmental Impact? Mr. Wakefield: I gather from my conversation with Mr. Baldonado that matter has not really been prepared by the applicants. He can answer whether they would be prepared to make a showing with reference to the environmental impact this evening® The problem with respect to the kind of showing required is that there are no standards, no one really knows what kind of a showing is necessary. My personal conviction is that a service station loctLted in the average commercially zoned areas of the City will not have a substantial effect upon the environment simply by the conditions which we require in connection with the development setback requirements, landscaping, off-street parking and the control to a degree of the actual architectural features of the development. We have already taken those steps which in the main.are designed to protect and enhance the environment of the City. The problem of environmental impact really atises in those areas where there are beach lands or coastal lands to be developed, rivers, lakes, such natural resources, mountain wilderness areas which are sensitive in nature and which consist of areas that require preservation and require a strictly controlled. development if development is to occur, but that situation doesn't exist within the City of West Covina to any material degree and.I think we are limited to really evaluate the impact on its long term basis, taking into con- sideration the area in which the development is proposed to be placed and if compatible with the surrounding areas - I think that is all the showing that is requited. That is my personal opinion.. Mayor Young: We are a little bit in limbo here. We haven't had a staff report and we have had a discussion regarding environmental. impact so I guess we can have that in our minds as we listen to the staff report and take testimony on it. So shall we proceed? Mr. Winter: (Summarized Planning Commission Resolution Planning Associate No. 2422 approved on July 19, 1972 denying the Unclassified Use Permit No. 175 .for a gasoline service station and Parcel Map No. 2675. Slides shown and explained as to the location, surrounding constructed buildings, etc.) Studies and investigations made by the Planning Commission reveal that the required showings for the Unclassified Use Permit have not -been made. The proposed use at this particular location has not been proven necessary-. . Within a one mile radius of the property there are 24 operating stations and one vacant station. (Slide shown of area containing existing service stations within.the one mile radius.) There are presently three stations at the inter- section and traffic counts have increased only slightly in the last five years. An additional service station at an intersection already serviced by three stations would be of detrimental effect to the pro- perty and improvements in the vicinity. The site does not contain provisions for parking spaces and is therefore inadequate in size. The subject property is located at the intersection of two 4 lane streets classified as secondary thoroughfares in the Master Plan of Streets. The granting of this Unclassified Use Permit would adversely affect the goals of the General Plan, which calls for a balancing of land use and compatibility therein. (Slides shown of the elevations of the proposed station and explained.) CITY COUNCIL HEARINGS: UUP #175 & PP #2675 Page Twelve 10/24/72 Referring to the Parcel Map, the Unclassified Use Permit was not recommended for approval and therefore the Parcel Map would not be appropriate if Council finds likewise in the granting of this Unclassified Use Permit. The,Commission denied Unclassified Use Permit No. 175 and Parcel Map No. 2675 on a vote of 3 to 1, with 1 Planning Commissioner absent. We have. one letter in opposition to the Unclassified Use Permit by a property owner within a 3001 radius. That completes the Staff Report, Mr. Mayor. (Mayor Young asked that the letter of opposition be circulated to the Council.) THIS IS THE TIME AND .PLACE FOR THE PUBLIC HEARING ON UNCLASSIFIED USE PERMIT NO. 175 AND PARCEL MAP NO, 2675. IN FAVOR Arthur Baldonado (Sworn in by City Clerk) 225 North Barranca Gentlemen, -I understood from my clients, the West Covina Sisters of the Immaculate Heart of Mary, that the total lot is something other than the 150 by 1501 lot described by the Planning Commission. The lot is 290 by 190 square feet and the portion northerly from Sunset facing Merced and towards the existing medical office building is under option to a man by the name of McGrath, who owns one of the office buildings, The purpose of his purchase would be to establish a one story 4000 square foot building which.,hopef ily'l "; he would use to lease for medical equipment, ambulance service, and things of that nature. The development, therefore, contemplates two things. The service station and this retail trade building. I recognize that there is a large number of service station outlets in the City and that economic factors being what they are, some of them are closed. On Glendora there has been one boarded up for sometime® I feel, however, there is some merit in letting in a new gas station by a major oil company with an approved modern architecturally appealing design. I think the competition is good for the consumer and for the existing stations perhaps marginal in design or attractiveness and that it has a good effect in that other stations.will either improve their buildings or possibly take down what is there and put up something that is better® I would think .that there is in the law of the City some method whereby derelict gas stations closed up and boarded up .for a long period of time could be removed. I am as offended by them as many of you are and as many people in the City are. I find it difficult to accept the argument that to allow a new gas station is to foster the existence of the closed up and boarded gas stations that exist now. I would point out that the applicant in this case is basically a nonprofit organization. The Sisters of the Immaculate Heart of Mary contributed to the community in some degree. The hospital is a very -nice project to have in the community. They are involved in education. The dollars that are going to be made from this project I understand will go into the pension fund for the nuns. -It is not a typical development ;where someone is going to make a fantastic profit. .. I.was hoping that the Council would allow some delay in this matter to look into the impact on the environment. and qualify the proceedings pr d .' with the Environment Act that was interpreted in the Friends of Maimmoth case. We are in an awkward.. position, that should the Council grant the zoning.matter as it stands now there is some question that we could deliver an insurable-itA:tli4 The law suit in the Mik !*th case was ppeei.pit&t.ed. by a class-action type of plaintiff after the zoning had been granted and after the building permit I believe had been issued and,the gist of the action was that there had.been no Environmental Impact Study® - 12 - CITY COUNCIL HEARINGS: UUP #k175 & PP ##2675 Page Thirteen 10/24/72 This is the basis for my suggestion that perhaps the matter should be handled in that fashion and perhaps the Council could see fit to refer it back to the.Planning Commission for such a study and perhaps in that study we could spend soMP_. t p1,&,, the applicant, in feeling out the community on this project so that there isn't an excessive amount of guesswork as to whether the community is totally against this type of development. I have nothing further except to formally request that the Council do follow the guidelines of the Friends.of Mammoth case because I think it is controlling the law and we would be subject to criticism and legal recourse regardless of which way the matter went. I can't predict what the. actions would be of my client or Shell'Oil Company on one hand if the matter is ;.d ied ,or z'iZ if the matter is granted, again; we are open to litigation if there was no impact study considered in this matter and the law was applicable because the Environment Act was in existence in 1970 which preceded the application in this present case. IN OPPOSITION Eugene A. Rocco (Sworn in by t he City Clerk) 1308 W. DeversLSto I haven't come very well prepared because I West Covina just got out from under. the doctor°s care last Thursday, but as far as this impact study, I was watching a program when ill and the attorney in Pomona, John McCarthy, one of the things issued there was that -the applicant should show the need to the community for this project. I haven't been able to get any of the petitions I would like to because of being under the doctor°s care but I would like further time to do this. Mayor Young: Are you for or against this project? Mr. Rocco: I am against it. One thing on the interview that I watched on TV the attorney from Pomona said they had to show the need to the community for the project. What I will try, if. I have further time, is to show that we do not need this project in the community. Mayor Young: Thank you, Mr. Rocco. I think you and Mr-. Baldonado are closer together at this point than you think. REBUTTAL Arthur Baldonado: I understand, xM±,.-Rotco.a.c)thatl:y:ou_,ovyn :cr �A e: the lessee, -,of, theRichfield Station across the way? (Answered: Yes) So I would point out that his pomme-rc is l interest would be the Arco Station directly'across the street from the proposed development and which would be to some extent in competition. I understand this and sympathize that it could be a factor. I also point out that the Shell Oil Company has provided me with a figure of possibly 22% of 1q l(. rd-,h6 L,r� pLitioh twoiild:tave this particular card and that charges would effectively come from that group of consumers and that perhaps the economic impact on other major .stations is practically nil. They are assuming that those purchasers are going outside of the community. In that vein I might .point out there is only one.Shell Station in the City and this particular intersection having three gas stations already is highly unsuitable for anything else other than maybe another gas station. Mayor Young: I take it you concur in Mr. Rocco's suggestion for a delay in the final decision for the purpose of an Environmental Study? Mr. Baldonado: I feel we are bound by that decision, Mr. Young. 13 CITY COUNCIL Page Fourteen HEARINGS: UUP #175 &.PP #2675 10/24/72 THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC 1HEARING° d-LOSED.,-''` COUNCIL DISCUSSION. Councilman Chappell: Mr. Mayor, we have a request from the applicant to refer back to the Planning Commission so they can have an Environmental Impact Study and I would so move. Seconded by Councilman Shearer. Mayor:,.Yo.ung.:,.-;", �:'. We have a motion to refer back to the Planning Commission for the purpose of receiving further testimony on the Environmental Impact and this would be open, of course, to proponents and opponents alike. The floor is upon for discussion. Councilman Lloyd: The discussion is only on the motion ® Mr. Mayor? Mayor Young: I think general discussion would relate to the motion, Mr. Lloyd. Councilman Lloyd: I presume then we are prepared to discuss the impact situation. I certainly am not prepared and I probably have had :zituch-.or moa^ec::. t. c : c, contact as anyone. I talked to Mr. McCarthy and set up a breakfast meeting with him because of our enactment of an ordinance wherein we limited it to $100,000. I also talked to Mr. Horowitz of Mono County. And I gathered that if we were to deny in anyway or delay, and I am referring now to the comments of both Mr. McCarthy and Mr. .Horowitz, if we would delay in anyway and that delay economically had any impact'' on the applicant, I think from what was presented to me, there could be some matters of litigation. As such I think the criteria, and I am now referring to what Mr. McCarthy said and of course he is not my counsel in any:. -way, shape or form and I would be, guided by the City Attorney,,but he led,, -:me to believe if upon the basis of what I indicated to him of some limitation of a $100.,000 figure, if we use that as a criteria then indeed we could possibly find ourselves in some sort of legal action as a result of some economic hurt visited upon the applicant. - This is a very difficult situation and I think the solution to the problem, rather than us referring it back to the Planning Commission as proposed by the motion, I really believe we should honor the request of the applicant to hold this over until such time as they can come up with an impact study and at that moment we would not subject ourselves in any way, shape or form, to any matters of legal action on that basis. I really think that:is the course that is lest fraught with dangers on the thing, as I. understand.nt. Councilman Nichols: Mr. Mayor. I would like to receive again a very quick summary of the City Attorney°s comments., It is my understanding that he felt this matter did not involve a substantial environmental impact and in the absence of guidelines, etc., he felt the Council could make its own findings in .the course of deliberations without incurring any legal problem. Would you clarify that, Mr. Wakefield? Mr. Wakefield: Councilman Nichols you summarized my opinion with reference to the situation accurately. I think the posh ai c-- in which the appeal pends before you vests in the City Council the authority to determine upon the basis of the' physical facts,,upon the basis of the informa- tion presented in the Staff Report, and .the applicant., whether or not in your opinion the project will or will not have a substantial effect upon the environment. If you do determine it may have a substantial effect upon the environment then a more formal impact report would be required and at that point the matter could be continued either for 14 CITY COUNCIL HEARINGS: UUP #175 & PP #2675, Page Fifteen 10/24/72 the filing of that report or it could be referred back to the Planning Commission for consideration of the environmental impacts to the . project. As a comment and to try and clear up some of the suggestions Councilman Lloydhas made, the law is very uncertain in the sense that it provides no penalities in terms of the right of a public agency to refuse to issue a building permit or to refuse to issue any other permit except as that authority may be provided by a locally adopted ordinance. We have not at staff level recommended to City Council the adoption of such an ordinance simply because I think it is generally felt when the legislature reconvenes after the general election in November there will be some clarifying legislation with reference to the problem. The Supreme Court still has under considera- tion a request -for rehearing in the Friends of Mammoth case and that opinion has not yet become final. So the whole matter is in a state of flux. But I doubt that any reasonable continuancesrequested,or granted by the City Council in connection with the environmental matter would expose the City to any liability. The burden is really upon the property owner and the developer. He is the one that assumes all the risks because his project may be delayed by a class action or a suit by some competitor or some neighbor who simply seeks to delay and tie up his project to the point where the economic burden becomes unreal. It is one of those situations in which I think the City can only do the best it can to act reasonably in the light of the evidence that is submitted to it and if that is done then I think the City has fulfilled its obligations. Now, again, I want to emphasize what Mr. Baldonado said; he indicated he was not sure that even if the conditional use permit were granted that his developers would be in a position to proceed and this is a real danger and it is for that reason I think that we need to lean over backwards in taking whatever action the applicant may feel is necessary to give him an opportunity to present the best possible case with respect to the environmental impact of his project. Councilman Nichols: I don't have any concern at all with the Council, in this particular instance being involved in any litigation with the allegations involving damage. It is conceivable that somebody might feel dimaaed.:.if- they had the permit, etc., and then the City refused to issue a build- ing permit, but no damage can be done when the property owner has no right to build anyway and he has no right until he. receives an Unclassified Use Permit from the City. If the applicant desires to hold the matter over I have no objection to it at all. Let me say only that I think we cannot at one time in our meetings hang our hat on the findings of the City Attorney and say "gentlemen, we must act this way because our City Attorney says that" and then on the next issue because it suits us say "well no matter what the City.Attorney says we had better wait for all these impact studies, etc." The City Attorney has said to us that in his judgment we have every power within this body to make a decision tonight. So I don't feel we are obligated to hold up for impacts or anything else, but if the applicant wants it held over and there are not a lot of people objecting and in fact the only opponent wants to build up even fh6rehis position, and also wants it held over, then be my guest we can hold it over as long as we would like. Councilman Shearer: I would agree, but not with the motion referring it back to the Planning Commission because I don't think the Planning Commission's findings for denial were based on the so-called effect or lack of effect on the environment. They just didn't like the idea of the gas station at that corner. So I don't think anything would be served unless there is some 15 CITY COUNCIL Page Sixteen HEARINGS: UUP #175 & PP #2675 10/24/72 sort of legal requirement saying the Planning Commission has to hear the Environmental Impact Report. I am sure they would again vote probably 3 to 1 or 4 to 1 if the absent member happened to be there. I don't think an environmental impact statement would prove con- clusively that it has no adverSeceffect.. on::.the.:enUironmentN;cnorl have any bearing on the decision of the Planning Commission. So I don't see that anything would be gained. On the other hand if the applicant would feel more comfortable to come back and present to us, not to the Planning Commission, but to us - the Council, something to do with the environment, fine. But I am prepared to vote tonight that the service station would not have an adverse environmental effect on the environment - not saying how I am prepared to vote though on the project. Councilman Chappell: Mr. Mayor, let's vote the motion down and have it come back to us. Councilman Lloyd: I agree with that, but one further question of Mr. Baldonado. Did I understand correctly - is it the desire of the applicant to have this held over? Mr. Baldonado: Yes, it is. i Councilman Lloyd: Thank you very much. Then I think, gentlemen, we should vote the motion down and hold the matter over. What period of time would you consider reasonable? Mr. Baldonado: I would think 30 days. I am curious about what is going to happen with the rehearing motion pending before the Supreme Court. I am mainly concerned about the insurability of title. Mayor Young: The closest date would be our meeting of November 20th or December llth - both are regular meetings of this Council. Mr. Baldonado: I would prefer December llth. Mayor Young: I would like to say before we vote one way or the other, if it comes up on December llth can we reopen the hearing? Mr. Wakefield: If the desire of the City Council is to continue the matter then you should reopen the hearing and continue the hearing to a ceftaln: date. Mayor Young: With those thoughts in mind I would just like to say I am surprised in a sense at the lack of testimony we have had this evening, because we have had gas station testimony before and people troop up and talk about the various forms of pollution and that testimony goes on and on and now we don't have it, but we have a staff recommendation indicating basically economic pollution is the main input of the staff report. I hope we are not dwelling in an exercise here which is putting a lot of people to a lot of trouble which will lead to an ultimate conclusion upholding the staff and Planning Commission. I hope no one is mislead, that these judgments a,r.e going' tok::bes�c®nsidered�-by%.everyone on the' Council When ".t.he:.v.ote. is::.finally, taken.- : I-:_*wil.l. now,->dall for' --the, question on the motion. Motion failed, all voting "no". Motion by Councilman Lloyd, that the hearing be reopened and continued to December 11, 1972. Seconded by Councilman Chappell and carried. 16 - CITY COUNCIL gage Seventeen 10/24,/72 (MAYOR YOUNG STATED A RECESS WOULD BE:.:CALLED FOR THE AUDIENCE AND THE COUNCIL WOULD 'COMBINE THIS .RECESS:WITH'A PERSONNEL SESSION. `COUNCIL WENT INTO'A PERSONNEL, SES,4ION AT 9.02'.P..M. AND RECONVENED AT 9015 P.M.) CITIZEN°S COMMITTEE. Mayor Young: The City Council'has met twice in Personnel Session regarding a Citizens Committee to assist the City and the Council inparticular, with emphasis upon reassessment of priorities relating to community needs and having in mind the revenue sharing funds along•with total budgetary Considerations. We have each submitted various. names £or: thec Cotn�ntteec •wec��;ibulc�:.likeoto•see function.; The-_EoRm-�-�tebo�'Oii�I•"be composed of: Don .Casler, Ken Bon,r:,9 Jack jMaydop9 Wally-'tnutsen, Charles` Richardson,,,,Maurice Moore, Joe Payne, Mrs. Vi Christopher, Mrs. .uz,1c, Pacifico, Mrs. Don Mead, Mrs. Raymond Howard, Mrs:` David Leonard, Mrs. Elba -Come�,u9:::IVlrse�;�ex.es.a: Davas'.and Mr. Richard Rrammer.' This is the Committee the Council would like to see organized and,functioning very soon. I would like to meet with the City Manager in.the•very near future, tomorrow if possible, to p.rcvide official notification to these individuals and establish a meeting date when we can.get these people together and get this moving. Are there any further comments? Councilman Nichols: As part,of. the mechanism of the, organization of the Committee"is it thechair°s intention to try and solicit community participation, that is from those groups that may have thoughts: or ideas on projects to come before this Committee for.'stud'y? Mayor Young: I would give. this:as a matter for -the Committee to resolve its own i°aa®s in this respect along with any suggestions the Council may suggest and I.certainly think your"suggestion is well taken Councilman Nichols,. ORAL COMMUNICATIONS, Sheree Wilson I am a student and I am here to thank the City .2017 Owen Place Council .`for 'sgmething' I -thought was really West Covina, f antastic. I�.know it is not'on the agenda and I am' probably' out of order but 'I wanted to thank you people`fo,r your support and time and everything you have done for the Youth Advisory Commission in. the past year. Also for letting us be a part and letting me go to Anaheim to the League conference. Businesswise, well we weren,°t the most successful but we accomplished what we wanted and the public relations we got there ® well there aren't words enough to explain the feeling when people from other cities said "what:do you have in your City" and I could stand up and say West Covina has•a Youth Advisory,Commission and we have support from our Council. It..really makes you feel good to have people listening to you and knowing that you are a working part of city government. I would like to thank -you people for all you have done for the Commission over the: year. Thank. you® Mayor Young:'. Sheree, those are very nice words, we appreciate it and I assure you the Commission will be again functioning very soon and on a more solid foundation because you ar k:»your group pstablished it. Councilman Chappell: As'the delegate of the City Council along with Councilman Lloyd, I observed these young adults in operation. I will say Sheree was there every day and at every meeting starting on Sunday. She gave a tremendous amount of time there and in my observation the way she con- ducted herself .',she was a fins°. credit to the youth of West; Covina and to herself also- and..I would commend her on her actions and on the enthusiasm in which she` .took•. part.. It was outstanding. ® 17 CITY COUNCIL ORAL COMMUNICATIONS - Cont°d. Councilman Lloyd: GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 73-36 TWO-WAY RADIO EQUIPMENT She was enthusiastic! Page Eighteen 10/24/72 Bids were received in the Office of the Pur- chasing Agent up to 10:00 A.M., on Wednesday, October 11, 1972, and there after­publti: lyc)open ed and read. (Council reviewed Controller°s' report.) Motion by Councilman Nichols that the Purchasing Office accept the lowest bid of Motorola, and issue them a purchase order for the three base station radios and four pocket pagers as specified, at $3,602.40 that being the low bid. Seconded by Councilman-Uhappe-il. Councilman Lloyd: Mr. Mayor,a,:question of Mr. Aiassa. Why is this necessary at this time? We(continue to buy these radios - how many have we purchased? Mr. Aiassa: We are buying these through our Civil Defense program and we take the older units and put them in staff cars and the newer units will go .into police cars. Some units will only be receivers. And actually we are replacing obsolescent equipment. Motion carried on AYES: Councilmen: NOES: None ABSENT: None PUBLIC WORKS 1972-73 WEED AND RUBBISH ABATEMENT PROGRAM Mayor Young: RESOLUTION NO. 4647 ADOPTED REMOVE AND ABATE THE TITLE 4, DIVISION 3, CODE." roll call vote as follows: Shearer, Nichols, Lloyd, Chappell, Young LOCATION: Various throughout the City. (Council reviewed Street Superintendent's report.) Gentlemen, you have before you a Staff Report and the proposed resolution. Any questions or comments? The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL.WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY TO BE A PUBLIC NUISANCE, AND DECLARING THE CITY°S INTENTION TO SAME UNDER AND IN ACCORDANCE WITH PROVISIONS OF PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to waive full reading of the body of said resolution. Motion by Councilman Chappell, seconded by (councilman Lloyd, to adopt said resolution. Councilman Nichols: One quick comment, Mr. Mayor. At a hearing sometime ago I stated that I thought it would be appropriate if the Councilmen received copies of the Weed Abatement report. I received it in the Friday mail packet - it was like a telephone directory,so what I wanted to say was I don't think I will need it again. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None - 18 - CITY COUNCIL PUBLIC WORKS - Cont°d. Page Nineteen 10/24/72 RESOLUTION NO. 4648 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A GRANT DEED EXECUTED BY CHILD CARE PROPERTIES,1 AND 2, A LIMITED PARTNERSHIP, AND DIRECTING THE RECORDATION THEREOF. (Unclassified Use Permit No. 178)" Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive full reading of the body of said resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None DRAINAGE PROBLEMS ON LOCATION: 1) Cortez Street, east of CORTEZ STREET & HIDDEN Citrus Street; VALLEY DRIVE 2) Hidden Valley Drive (Council reviewed Engineer's report) Mayor Young: We.have a staff report and a recommendation. One owner is present this evening and I believe he desires to approach Council on this. Harry Armstrong I brought with me tonight some photographs of 2731 East Cortez the water as it flows over the back end of my West Covina property. I.would like to show it to you if you will permit me. I have these photographs numbered 1, 2, and 3. (Passed photographs to Council.) No. 1, is the main ditch. In the lower lefthand corner of No. 2 is a 61 chain Link fence and if you will notice where the posts are you will note the water is on top of them. Picture No. 3 is a concrete culvert that prevents water from flowing through and which is on the property adjoining mine. I am very concerned about it because I know before very long we are going to have some rain and I hate to stand out there in another 4 to 61 of water without any help. I haven't had any communication yet from the Engineering Department at this step of the game. Councilman Chappell: That is what we will be giving permission for tonight - isn't that correct, Mr. Mayor? Mayor Young: That is correct. The Engineering Department has made a study and of course recognizes the problem.; some entity.has abatement power as far as keeping the existing natural drainage way clear of obstructions and I think there will be some action along that line. Supervisor Schabarum is also working on the problem in an effort to get some County assistance for permanent abatement there. This report does not contain any immediate solution to the problem. Mr. Armstrong: That is correct. Somebody brought it over this afternoon letting me know this was on the agenda tonight and .I certainly appreciate it and it says that the storm drain going down'Cortez is at least another 5 years away. In the meantime certainly something should be done about this because in another 5 years of this I will have 12 to 141 of water with all the water coming down through there now. Councilman Lloyd: share the same concern the water at a minimum probably solve part of You do understand o this thing is that territory and those about those walking might consider even the problem. e of the problems we face on he problem is in County good neighbors of yours who on the sidewalk and keeping annexation, which would lmwo� CITY COUNCIL Page Twenty PUB. WKS.: Drainage Problems - Cortez & Hidden Valley Drive 10/24/72 Mr. Armstrong: You see what happens is the fact that there are certain obstructions on the property adjoining mine directly west. The trash that is thrown in the ditch from Barranca and comes down the ditch on the north side of Cortez - that ditch is constantly full of debris. That is County property, I realize that. They throw their grass cuttings out there and after the water recedes :L. have tons of trash to haul away. I believe last winter the City of West Covina did come over and haul out two big dump trucks full of trash. I could go into the recycling business with regard to beer cans. Mayor Young: It 4eems to me, Mr. City Manager, the City and the County could combine efforts to at least combat the nuisance created by the people using this natural channel - that wouldn't cost the amount of money required in proposing this storm drain and if the natural channel is clear we would have a lot of the problem resolved. Mr. Armstrong: We would have the problem cleared if we could clear the last 1000 of the ditch. The ditch on the other side of me is practically closed and then it drops off into a 6 to 101 deep ditch and then there is no further,problems but the property west of me is what is.the problem. Councilman Nichols: Is that in the County? Mr. Armstrong: No sir, that is in the City of West Covina. Councilman Lloyd: The major problem is created by the fact we are going from a County situation with open ditches and then you come up to the city property line and immediately it becomes a curb.and gutter situation and then this Wash which goes in back of his property and then it comes down and turns to the back of his property. It has been running along the side of the road and then after that it turns and goes to the back of his property and across Citrus and into the park area and across it. We have hada problem with.flooded conditions there too, but the major problem right now as far as I could determine in looking at it, is the debris and beer cans, paper plates and everything else is in there and is carried all the way down from clear up by where X live. That i.s.why I am familiar with it. Mayor Young: Mr. Armstrong, thank you very much. I think perhaps with this much input this will add some impetus to the existing staff report on this. Again, in good faith, we can"t solve the -problem sitting here tonight but we will request all of the staff attention as is feasible to at least try and minimize it if not totally resolve it. We have a recommendation before us on this item that the City Council authorize the City Engineer to notify the property owners of the,information in the staff report. ,, Councilman Nichols: eould we incorporate in Council tonight - that effort to keeping that Mayor Young: So moved by Councilman Lloyd, seconded by Councilman Chappell, In the recommendation there is no recommendation for any action at all except to inform the gentleman of the information in this report. that motion the gist of the discussion of is that staff be directed to work toward an drain as clear as possible. I would think that would be very appropriate. We could make that a second motion. Councilman Lloyd: Couldn't we also in addition communicate this to the County people? - 20 - CITY COUNCIL Page Twenty-one PUB. WKS.: Drainge Problems 10/24/72 Cortez & Hidden Valley Drive Councilman Nichols: Yes, indeed. I will make that motion after we vote on this one. Motion carried. Motion by Councilman Nichols that staff be directed to seek the assistance and cooperation of the County toward a more thorough maintenance and clearing of the Wash. Seconded by Councilman Lloyd and carried. WEST COVINA PARKWAY LOCATION: Between Orange Avenue and Glendora PRECISE ALIGNMENT Avenue. (Council reviewed Engineer's report.) Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, that City Council set a hearing date of November 27, 1972, for considera- tion in adoption of a precise street alignment for West Covina Parkway between Orange Avenue and Glendora Avenue, and authorize the City Engineer to make notification by posting. CITY ATTORNEY ORDINANCE NO. 1208 The City Attorney presented: ADOPTED "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. 463 - Arturo Pizzo) Motion by Councilman Lloyd, seconded by Mayor Young and carried, to waive full reading of said ordinance. Motion by Councilman Lloyd, seconded by Councilman Shearer, to adopt said ordinance. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer Nichols Lloyd, Young,'.._---, NOES: None ABSENT: None ABSTAIN: Councilmen: Chappell RESOLUTION NO. 4649 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA.ESTABLISHING A TRUST FUND IN THE CITY TREASURY IN WHICH ALL PAYMENTS RECEIVED BY THE CITY PURSUANT TO THE "STATE AND LOCAL FISCAL ASSISTANCE ACT OF 197211 SHALL BE DEPOSITED. Mr. Wakefield: Mr. Mayor and members of Council, this is the item which was on your agenda two weeks ago for continuing to this date. It sets up the necessary Trust Fund in the City Treasury:�.for the receipt and disbursement of funds allocated to the City under the revenue sharing law. Motion by Councilman Chappell, seconded by Councilman Lloyd 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 Councilman Shearer: A question. Mr. Wakefield, did you say this resolution contains provision for deposit as well as disbursement of funds? Mr. Wakefield: Yes sir. - 21 - CITY COUNCIL CITY ATTORNEY: Res. #4649 Page Twenty-two 10/24/72 Councilman Shearer: Will you briefly tell me what the provisions are for the disbursements out of this Trust Fund? Mr. Wakefield: The Federal Statute and the Resolution simply recites disbursements from the fund shall be made in the same way as disbursements are made in all other city funds, which means the City Council will approve item by item on the disbursement list just as you approve other expenditures for the City. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION FOR Mr. Wakefield: Mr. Mayor and members of Council, ADOPTION this item is not ready for sub- mission to the City Council. The developer has raised some question about the requirement and if it can be carried over to your next regular agenda I think we will have the problem re- solved. So moved by Councilman Lloyd, seconded by Councilman Chappell and carried, that Item 3 of the City Attorney's agenda be carried over to the Council's next regular meeting. PROPOSED BUSINESS Mr. Wakefield: This is a resolution which is IMPROVEMENT AREA designed to initiate proceed- ings for the formation of a business improvement area within the City of West Covina for the pur- pose of increasing the business license fees that are prgsently charged to the merchants doing business within the City for the pur- pose of providing funds for the financing of activit.i-es in connection with the development of retail trade within the City. This is the first step in the process and fixes November 13th as the date for the public hearing and provides for individual mai16d,_: notices to each holder of a business license within the City and at the time and place of the hearing anyone who desires may appear and object to the propo- sal. Mayor Young: This is the proposal first presented to Council by our former Mayor, Harvey Krieger, who is here this evening. Mr. Krieger spent a great deal of time talking to some of us individually, if not all. What is your pleasure gentlemen in this respect? Councilman Nichols: Mr. Mayor, I don't think the matter can be resolved until it .is heard as a hearing matter so all those that have an interest can become aware of it and express themselves. So I .feel it would be appropriate without precommitting myself or any of my fellow Councilmen to an ultimate opinion that this matter should be set for hearing at this time.:,.ru:.`; RESOLUTION NOo 4650 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO FORM A BUSINESS IMPROVEMENT AREA TO BE KNOWN AS °fBUSINESS IMPROVEMENT AREA OF THE CITY OF WEST COVINA' FIXING THE TIME AND PLACE FOR HEARING AND GIVING NOTICE THEREOF." Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to .waive full reading of the body of said Resolution. 22 - CITY COUNCIL CITY ATTORNEY: Res. #4650 Page Twenty-three 10/24/72 Motion by Councilman Nichols, seconded by Councilman Shearer, to adopt said resolution. Motion carried on roll call vote'as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Councilman Nichols: One further question of the City Manager. What will be the normal method of notifying those that will be affected by this type of situation wherein the areas and numbers of people will be extensive? Mr. Aiassa: We will have to send a notification to all affected parties.. ENVIRONMENTAL IMPACT Mr. .Wakefield: This is simply informational ACT RE THE CENTRAL and is included on your agenda BUSINESS DISTRICT so you may be aware of the PHASE..I PROJECT AREA fact the Planning Commission has determined AND THE TRIANGULAR there is no significant environmental impact PARCEL NO. 67 created by the execution of Phase I of the Redevelopment Plan in the Central .Business District Area, :wf6r the clevelopinent of: the . triangular- .;paxcel'- wh ch'..we-: (have' talked ..abou.°t _fkom; ,time' to -time in the past -and-which is also included within the Redevelopment Area. It is that vacant parcel located southeast of California Avenue and the Walnut.Creek Wash. The Environmental Quality Act of 1970 .requires that an Environmental Impact Statement be prepared and ,referred to the Planning Commission by any public agency which is proposing a project within the limits of the City. That has been done and the Planning Commiss.ionlas acted upon that report and this is informational as far as Council is concerned. Councilman Shearer: I assume the law does not require the Council to concur in agreement with the Planning Commission? Mr. Wakefield: No sir, not in this particular project. Again, the statute is really in two parts. If the City had an adopted Conservation Element in its General Plan together with an Open Space Element then the responsibility would be on the City Council under the law to make the finding that it conforms with the Conservation':_E-Iemen.t, i.but ;itz %a city sponsored project or Redevelopment Agency as in this case, the statute places the responsibility upon the Planning Commission to make the determination. ,Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to receive and file. (THE CHAIR AT 9.50 P.M. recessed THE CITY COUNCIL MEETING FOR THE PURPOSE OF CALLING TO ORDER THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 10:11 P.M.) CITY MANAGER RESOLUTION NO. 4651 Mayor Young presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING T. J. STANFORD FOR HIS SERVICES TO THE CITY." RESOLUTION NO. 4652 "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY ADOPTED OF WEST COVINA COMMENDING JOSEPH SEIN 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. - 23 CITY COUNCIL CITY MANAGER AGENDA Page Twenty-four 1.0/24/72 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 TRAFFIC COMMITTEE Councilman Shearer: Mr. Mayor, a question MINUTES on Item 4. This has to do with the taking down of signs not on city property. Are we proposing to relocate them to another location or just take them down, and if so are we incurring any other trouble because we are no longer advising somebody what is the safe speed? This kind of bothers me to put the signs up and then take them down, even though we may not have a choice in the matter. Mr. Zimmerman: Mr. Shearer, I understand the signs are to be just taken down, there was no proposal to relocate them. They had not been there prior to last August when they were installed and for that reason the Traffic Committee indicated it felt it was satisfactory to remove them. Councilman Shearer: I think this points up an area although very small in comparison to the 9% million dollars we just approved but this situation might have been avoided m I don't know Dr. rJoh.annsen but I take it no contact was made prior to the installation. of the signs. I would suggest in the future if we put up signs on private property that we make contact and get some sort of a concurrence before we install the signs. It may be difficult to determine sometimes 'whether it is but normally the area .in front of the house adjabeTntlz the stet: is 'eity property,.b0t I: ess this -case,-it isrft, but it -might be well to check before we installsigns rather than incur the wrath of the owner such that he is now an enemy rather than a friend. Councilman Chappell: I have one study that advisable, them up and now we are getting a changed the need for those signs? question. We had a Traffic Engineer-ing indicated the installation was we had a petition requesting we put request,to take them down. What has Councilman Shearer: It is not a matter of need, the fact is the property where we put the signs didn't belong to the City and the guy that owns the property said "I don't want the signs on my property." If you know Dr. Johannsen and can persuade him otherwise I would, surely ask that you placate him a little bit. 'apparently they must be on a street: light or something on the property along the curb and somebody assumed that was city property and stuck a sign on the light stand which is common practice, but in this case we only owned 21 and the sign is wider than 21 and it sticks out into his property. Mr. Zimmerman: This is one of the very few areas in the City where we do not have a. sufficient right-of-way to install. signs. It was a County area annexed to the City and that is probably why it happened. This is probably the only place it could happen that'wayo isCouncilman Shearer: Has any contact been made on the part of the City saying "hey how about being a nice guy -, the signs are necessary." Has any contact been made to try and make him. a friend? Mr. Zimmerman: I am not aware of it. Councilman Shearer: I would suggest, that someone go out and. see him before we remove the sign. If it doesn't work then take the signs down. There were a lot of people in the area concerned enough to say we need a sign advising people to slow down because of the danger regarding the curb and now - 24 r CITY COUNCIL Page Twenty-five CITY MANAGER AGENDA 10/24/72 because someone may not understand the situation, badc4withoult .:t,alkink-i..,to him, we are taking it down. I would suggest we talk first and then if he doesn't listen then we take the sign down, Mayor Young: I wonder if we might make a motion to hold this matter over to the next meeting so staff will have an opportunity to confer with Dr. Johannsen? So moved by Councilman Shearer, seconded by Councilman Chappell and carried. Mayor Young: On Item 2 this is the one that I had some question on before. I see Dr. Moghtader is still on top and I am still on the :bottom,, The only question I have is this, if the parking restriction requested by Dr. Moghtader is put on that curb what will be the sight distance from the driveway south on Sunset for vehicles e ting there? a Mr. Zimmerman: You mean how far down the street can cars be seen as the car leaves the driveway? Mayor Young: The report says "Veh#,les entering Sunset Avenue have a sig4tdistance to northbound vehicles in No. 2 lan-eof: 144 feet at Roseway Street under worst conditions; 66 feet at medical building under worst conditions." And now we are proposing to restrict parking at the medical building on Sunset sbt—that °th6y,* ll �icl-.ude,cth&t :66.,,f-eet under worst conditions. Mr., Zimmerman: Mr. Mayor, it would appear from the drawing without more accurate information being at hand that it would make the two relatively comparable, they would both be in the near neighborhood of 1501. Mayor Young: I would like to see them equal. I am certainly willing to go along with this request but if they have only 661 their problem is distinctly worse than the party with 1441, so I say let's pass on this tonight and then take a look at it again. That is all I would request. Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to receive and file Traffic Committee minutes o.f,pctober 17, 1972, with the exception. of Item 4. TAX ANALYSIS REPORT Mr. Aiassa: I have one additional item, Mr. Mayor. Being that we have gone through the budget I have now provided a breakdown for Council°s information to see what we are faced with. These figures attached will give you an analysis of where we are. At the time we adopted the tax rate there was also a condition to adjust the Business License tax to equalize ._;portion of this increase. I would like to go on record with the Council that we have not taken care of this part of the predicted revenue. Mayor Young: You are not asking for action tonight? Mr. Aiassa: No, I just wanted the Council to accept my report. Councilman Lloyd: I have a question, Mr. Mayor. Who requested the report ® Mr. Aiassa? Mr. Aiassa: I did about three weeks ago from the City Controller. It just gives.a breakdown of where we were and the reason I wasn't going to go through with a complete final analysis is because Council hasn"t adopted the business license revenue finally. As you remember we proposed two tax increases, one for 18(,' and one for 20e, and we had a deficit that was to be matched by an increase in the business licenses. _. 25 CITY COUNCIL Page Twenty-six CITY MANAGER AGENDA 10/24 %72 Councilman Nichols: As I understand it then, Mr. Aiassa, this was prepared by the controller for your office and you are presenting it to Council .for informa- tion. Mr. Aiassa: That is right. Councilman Shearer: My memory may be hazy, Mr. Mayor, but I don't recall any stipulation on the part of this Council, and I know I am going to be at odds with Mr. Aiassa I can tell right now - that the budget we adopted was in deficit. I was under the impression that the budget we had adopted with the 20(,' tax increase was balanced based on the estimated revenue. I do recall we talked about increasing the business licenses but I would like to have it shown to me in the minutes where we said the budget was in deficit so much and was to be made up by an increase in business licenses. Mr. Aiassa: I will provide the details but Mr. Eliot -'made the report and the final analysis was brought to Council in the last week of August. If you remember the 20(,' only required a $23,000 or $26,000 increase in the business licenses but 2(,' was withdrawn from the 20 to be earmarked for Gingrich Park which was not in the original budget expenditure account. So the 2(,' actually offset an expenditure that was never even included in the or°igiial budget and at that time we gave two alternatives. One was for an 18(,' tax rate and. a ,20 tax'raf-eo The 18�, t k-i°ate' would give an increase mess 1 i erases fof, �43 9 000 and I' bet ieve 1.84 ?zwo,Zild' have required a $fl, ��� increase o Mayor Young: My distinct recollection was there was never any talk of a 20e, increase. We were -presented two proposals in the staff .report. One was for 17,788� and it was clearly pointed out the adoption of that tax rate would require X number of dollars increase in the business license.,- revenue to balance the budget. The other staff recommendation was for 18.857(,' and if that were adopted as a tax rate that would require X number of dollars increase in the business license revenue to balance the budget® That was what we had before us the night of the meeting. The Council then adopted a 20(,' rate and specified 2e, ,for park improvement leaving the tax rate between the two recommendations at 18(,' and this would require a readjustment of the business license revenue. Councilman Shearer: If that is the case then I am in error. All I ask for is a report to enlighten me on the subject and I don't believe I have been enlightened yet, so just show me the minutes and I will read them and I'll sbelieve it. Councilman Chappell: If you remember at that time Harvey Krieger made a presentation and asked us to hold off on the increase in business licenses and I asked when we had to make the decision and was told before January 1, so what we are doing is waiting to hear the hearing and if we decide to go the way the Chamber of Commerce is .recommending there will be ample funds to balance the budget and if we don'tthen we have to come back here and raise the business taxes. So I think we are on target. If we do go with the recommendations that money will be available in the General Fund and we would not have a deficit. I could be wrong but that is the way I analyze it. Mr© Aiassa: We will give you a full report on it. CITY CLERK ABC APPLICATIONS Chief of Police recommends NO PROTEST- - 26 CITY COUNCIL Page Twenty-seven CITY CLERK - ABC APPLICATIONS 10/24/72 a) J. Wayne and Donna L. Thompson ) dba THE JUG &. QIGGER 8650 Apperson St., Sunland ) 2650 E. Garvey James A. and Jeanne L. Thompson ) 311 East Victoria, Rialto ) -8 Motion by Councilman Nichols, seconded by Councilman Shearer and carried, NO PROTEST. MAYOR'S REPORTS RESOLUTION NO. 4653 Mayor Young: I bring your attention at this time to a proposed resolution, which I have circulated to you. This is a resolution drafted by Mr. Robert Harper, who was earlier appointed as the United Nations Week Chairman for the City of West Covina. He proposes a resolution recognizing United Nations Day for the citizens of West Covina and specifically for the various organizations such as the School Districts, Boy Scouts, Girl Scouts, Sister Sister, and such organizations: Councilman Nichols: Would you care to read the title of the Resolution, Mr. Mayor? The Mayor presented: °"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RECOGNIZING UNITED NATIONS DAY IN WEST COVINA." Motion by Councilman Nichols, seconded by Councilman Chappell and carried, to waive full reading of the body of said resolution. Motion by Councilman Nichols, seconded by Councilman Chappell, to adopt said resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None COUNCILMEN"S REPORTS Councilman Nichols: I have a memo that I think all of us received dated October 16, 19729 with regard to a Field Trip proposed by the Planning Commission on November 14, 1972. I wonder if this is not somewhat redundant in terms of the Field Trip'we just recently took and I comment that this is the first time in my experience that the Planning Commission has set up a Field Trip and is taking us along. Mr. Winters: Mr. Mayor and members of Council, this Field Trip Engineering Dept. was established more or less as a makeup trip dn, the- Pdbllt i0r­ks t oui r And it is for. any interested Council and also those interested Planning Commissioners. Councilman Nichols: Then it would be redundant for those who have made the trip? Mr. Winters: Yes it would. Councilman Chappell: For the record, I plan on attending. I missed it previously. Councilman Chappell: I attended the League of California Cities meeting as a delegate for West Covina. I attended all the sessions and want.to say when it came to voting time roll calls were requested and after 244 cities were called out we adjourned very late, but we did get the business at hand taken care of. If you would like me to make any further comments at this time I would be more than happy too.. Councilman Lloyd was. also there. 27 - CITY COUNCIL COUNCILMEN'S REPORTS Page Twenty-eight 10/24/72 Councilman Lloyd: I would like to add a comment to Councilman Chappel°s report to say as evidenced by this meeting this evening, the major two topics discussed at the League meeting was the Friends of Mammoth versus Mono County and revenue sharing, which we discussed this evening. So apparently we are not very far afield in thought from the rest of the Cities in the State of California. In addition to that I would like to make a motion in view of the fact that Mr. Chuck Elwell a reporter for the Los Angeles Time who had reported the activities of the City of West Covina for a period of some 8 or 10 years, that he be given a suitable recognition award due to his departure. That the recognition :award be prepared by staff. Councilman Nichols: I will second that with this comment. The thing is we have had a lot of other long term reporters leave their rep.ortdrial- duties _over .the years and we have not given them a big show of plaques in recognition, so I think maybe a letter would be as far as we should go. Motion carried. Mayor Young: I would like to say the press appears to have deserted us tonight up here at the table, we would be glad to have you back. APPROVE DEMANDS Motion by Councilman Lloyd, seconded by Council- man Shearer, to approve Demands totalling $437,488.15 as listed on Demand Sheets B547A, B548A, B550, B551, B552 and C841. This total includes payroll account. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Mayor Young: One thing I forgot to tell you. If you know of anybody 19 years of age or younger in the City that you think would be entitled to a Young American medal for bravery _'or' service - this is an Annual Award. Would you please direct that name to me or staff within the next week which will be forwarded on to the Governor for consideration. ADJOURNMENT ATTEST: CITY CLERK Motion by Councilman Nichols, seconded by Councilman Shearer and carried, to adjourn meeting at 10:35 P.M. APPROVED: MAYOR