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01-22-1973 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 22, 1973. The regular meeting of the City Council called to order at 7':32 P.M., in the West Covina Council Chambers by Mayor Robert Young, The Pledge of Allegiance xJas given, followed by a minute of silence in memory of President Lyndon Johnson. The invocation was given by Councilman Chester Shearer. ROLL CALL Present: Mayor Young; Councilmen: Shearer, Nichols, Lloyd, Chappell Others Present: George Aiassa., City Manager George Wakefield, City Attorney Lela Preston, City Clerk Yvonne Calmes, City Treasurer George Zimmerman, Public Service Director Richard Munsell, Planning Director Leonard Eliot, Controller John Lippitt, Ass°t. City Engineer Ray Silver, Administrative Analyst, Jr., Gary Duvall, Administrative Assistant Claudia Luther, Staff Reporter - L.A. Times Jeff Schenkel, Staff Reporter m S.G.V.D. Times Tom Mayer, President - W.C.C.E.A. Mayor Young: At this time I would like to deviate momen- tarily from our agenda and call upon Mr. Richard Kramer, Vice -President and Manager of the Home Savings & Loan and Chairman of the March of Dimes drive for this area and this is March of Dimes Week, Mr. Kramer has a few words to say. Mr. Kramer: Thank you, Mr. Mayor. Mr. Mayor and distinguished members of the City Council, the greater Los Angeles Chapter of the March of Dimes is deeply appreciative of the City Council of West Covina declaring this week the March of Dimes Week in West Covina. As you know, the March of Dimes in the curing of polio is no longer in that business but in the business of birth defects. The children born with such defects through no fault of their own would like to make a presentation to the City Council in,appteciation foJ declaring this vwmk March of Dimes Week. I have five pieces of children:°s art, each painted by a child born with a birth defect. Although they may not be a George Aiassa original we feel it was done .in love. (Presented each Councilman with a framed painted drawing.) The greater Los Angeles March of Dimes Chapter is very thankful to you gentlemen for making this week March of Dimes Week in West Covina. Mayor Young: Mr. Kramer, if you will furnish the names and addresses of the youngsters that did this I would be more than happy to acknowledge the gift. APPROVAL OF MINUTES December 13, 1971 April 18, 1972 November 29, 1972 December 11, 1972 CITY COUNCIL APPROVAL OF MINUTES Page Two 1/22/73 Motion by Councilman Chappell, seconded by Councilman Lloyd, to approve minutes of December 13, 1971, April 18, 1972, November 29, 1972, December 11, 1972. Mayor Young: I have a correction on the minutes of • April 18 m Councilman Shearer°s remarks on Page 18, my middle initial .is 11011, Motion carried approving minutes with the correction in the minutes of April 18, 1972. 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: 1. WRITTEN COMMUNICATIONS a) MAYOR ARTHUR N. ROBERTS CITY OF ROHNERT PARK b) MRS. MARY CARPENTER 2041 Edenview Lane c) JAMES FARLEY DIXON d) KEITH CULLUM e) CITIZENS° REVENUE SHARING COMMITTEE m Letter f) FIVE LANTERNS RESTAURANT EASTLAND SHOPPING CENTER 2. PLANNING COMMISSION SUMMARY OF ACTION 3. YOUTH ADVISORY COMMISSION SUMMARY OF ACTION 4. A.B.C. APPLICATIONS - Requesting support of his plea to President Nixon to continue Public Employment Program. (Refer to City Attorney and Staff) Complaint re West Covina Disposal Co. (Refer to Staff) Re repair work to garage located at 2327 East Garvey. (Refer to Staff) Re application for Auctioneer's license for proposed auction at 818 West Vine Street. (Approve, subject to Staff review) Re activities to date. (Refer to Mayor's AgendA).:(See discussion on pages 3 & 4) Request shooting off firecrackers for Chinese New Year celebration on February 2 and 3, 1973. (Approved in prior years, recommend approval) Meeting of January 17, 1973. (Receive and file) (Planning Commission Item V-2 refer to Agendg Item C®1) (See discussion on,page ) Meeting of January 16, 1973. .(Receive and file) Chief of Police recommends NO PROTEST. a) Edward W. McCann ) dba Marie C. McCann ) 824 E. Michelle St., W.C. ) b) Robert Hylton Ayre ) dba 1565 Riveria Dr., Pasadena ) c) Hugh F. Pitts ) dba Lelah L. Pitts ) 244 N. Segovia Ave., San Gabriel) Royal Lounge 181 S. Glendora Ave. Crispin°s Hut 971-A S. Glendora Ave. Alta -Dena Drive -In Dairy 310 m F S o .Vincent Ave. 2 CITY COUNCIL Page Three A.B.C. APPLICATIONS - Cont°d. 1/22/73 d) Virginia Sheffield ) dba Vern°s 14434 Palmrose, #7 ) 656 S. Sunset Ave. Baldwin Park ) James E. .Smith ) • 234 N. Sunset Ave., W.C. ) Jean Arthur Williams ) 2014 W. Swanee Ln., W.C. ) 5..-_"CITY TREASURER'S REPORT Month of December, 19.72. (Receive and file) 6. PARADE PERMIT APPLICATION WEST COVINA "GOLDEN JUBILEE" Requests permission to conduct COMMITTEE parade on February 3, 1973. (Approve, subject to Staff requirements) 7. TRAFFIC COMMITTEE MINUTES Meeting of January 16, 1973. (Receive and file) Mr. Harry Kaelin: Mr. Mayor, my comment is with regard to the West Covina _Planning Commission Item A referring to Zone Change No. 476 and Precise Plan 646, which the audience does not have." The Planning Commission voted to continue this hearing to January 24 at 7:30 P.M., to allow the Commission to investigate other projects done by this developer to assure itself that the developer has built and will build the quality development he indicates. In addition, the developer has been requested to return with a chart showing alternative types of developments with comments why the developer has chosen not to use these various alternatives." This sounds like harassment to me. Mayor Young: Is there any further comment to the Consent Calendar, if not,the floor is open to the Council. Councilman Lloyd: I see where Item 1 (e) is referred to your agenda, Mr. Mayor. Do you have any comments on that at this time? (Revenue Sharing) Mayor Young: I have no great or specific comments. I don't quite understand this item on the agenda in this fashion. I did not request this. Councilman Lloyd: I would like to make some comments on this but it is referred to your Agenda - I can make my comments at that time. Mayor Young: I have not personally attended the meetings.. It was felt by the Committee at the outset that they did prefer to meet on their own without the presence of Councilmen - I think you were at that meeting., Councilman Lloyd. Councilman Lloyd: I was, indeed. Mayor Young: Some questions did arise and as a result the Council ;Was_ invited to another meeting and it happened that only Councilman Shearer and myself were able to attend. We reii6xAt"Cthe remarks and thoughts of the Council for the Committee; namely, one of reassessing community priorities in light of current developments and conditions and the Committee seem heartened by this particular meeting. The - 3 - CITY COUNCIL Page Four CONSENT CALENDAR - Contad. 1/22/73 Committee has since, as stated in the report to us, broken into various subcommittees and will be meeting again as a whole, I believe,this week. I have the understanding then that sometime within the next two or three weeks we will be getting finalized reports from the entire Committee. That would be the extent of • anything I have to report at this time. Any response or further comment? Councilman Lloyd: I note, Mr. Aiassa, that the administrative staff wrote a report - was that at the direction of the joint Chairman of the Committee? Mr. Aiassa: No, what we tried to do was to keep a record of action in case there is any slip up within Staff or they were called to appear before the Committee, we would then have knowledge of what has gone on. The Committee was created and at that time I believe the Mayor and someone from my staff was directed to assist in correspondence, attending meetings, and doing a. summary of minutes. Councilman Lloyd: I can assume that was not at the direction of the Chairman? Mr..Aiassa: No. Councilman Lloyd: The second question was,you alluded to the fact that certain people were called in to make reports to the Committee - was there a report on that? Mr. Aiassa: At each meeting we keep a record of what goes on but there are no physical reports from the Committee. The only report is the one on Revenue Sharing that Councilman Shearer referred to at the last meeting regarding the March 1 deadline. Councilman Lloyd: The reason I am asking these questions is because one of the members asked me if they were required to make a report to Staff and I assured them the report was to go to the Mayor. I would make sure they understand that the report goes directly to the Mayor and then to Council. Mr. Aiassa: Staff attends all meetings and just keeps a chronological record of events. Councilman Lloyd: There have been no recommendations or findings on the part of this Committee? Mr. Aiassa: No. Councilman Lloyd: I assumed from the report that maybe there were some findings and that is all I wanted to know. Mayor Young: Councilman Lloyd's point is well taken. We certainly do desire that any reports be made directly to Council. We want first dibs on that. Motion by Councilman Shearer to approve Consent Calendar items 1 through 7. Seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell., Young NOES: None ABSENT: None - 4 CITY COUNCIL Page Five GENERAL AGENDA ITEMS 1/22/73 AWARD OF BIDS PROJECT NO..SP-73003 LOCATION: Sunset Avenue, Cameron Avenue STREET IMPROVEMENTS to San Bernardino Freeway. Bids were received in the Office of the City Clerk up to 10:00 A.M., on Wednesday, January 17, 1973. (Council reviewed Engineer's report) Mayor Young: You have before you the Staff Report and recommendation. Is it necessary to have the bids read, Mr. .Wakefield? Mr. Wakefield: No, Mr. Mayor, as long as you have them before you in the report. Mayor Young: You will note the low bid is by Aman Bros. Inc., of Covina in the amount of $162,183.96. Is there any discussion? Motion by Councilman Chappell, seconded by Councilman Shearer, to accept the bid of Aman Bros. Inc., of Covina as presented at the bid opening on January 17, 1973, for City Project SP 73003 and authorize the Mayor and City Clerk to execute an agreement with said Aman Bros. Inc., for the work to be done. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None BID NO. 73-60 LOCATION: City Hall and. other City Buildings. LEASING OF TELEPHONE EQUIPMENT Bids were received in the Office of the Pur- chasing Agent up to 10:00 A.M., Wednesday, January 17, 1973, and thereafter publicly opened and read. Councilman Chappell: Mr. Mayor, I note correspondence asking that we hold this over. I would move that we hold it over to our next regular Council meeting of February 13, 1973. Seconded by Councilman Shearer. Councilman Lloyd: Before voting - why are we holding this over? Mr. Aiassa: Two factors. The one I am concerned about is we will be encumbering an obligation expense of $158,946.80 - thirty-two quarter- ly payments of approximately $4,904. I was away:Friday and didn't have a chance to go through this, there are some things that have to be resolved, such as a Performance Bond on their part in case something happens between the thirty-two quarterly payments. Councilman Lloyd: reasonable. When will Mr. Aiassa: So we get our money back and we can go back to General Telephone or they make good on the equipment - I don't think that is un- that report be back? Next meeting. Councilman Chappell: While on this subject, I have a question. Has the Telephone Company come back in with any sort of a counter -cost proposal in comparison to what they have been charging us or are they just going to let this go without putting up a fight? =0 CITY COUNCIL Page Six AWARD OF BIDS: Bid ##73-60 1/22/73 Mr. Aiassa: That is another item I wanted to check out. This is an Internal System within the City which we would own, so actually the phone company would have no interest in it. Councilman Chappell: Well they might sharpen their pencil a • bit - it isn't something that every City in the Country is doing and it might cause them to sharpen their pencil and if we have two giants bidding against each other they might come up with a better price, at least we have that opportunity now. Mayor Young: PUBLIC WORKS PROJECT NO. SP-73009 NOGALES STREET IMPROVE- MENTS - JOINT PROJECT - CITY OF INDUSTRY,.L.A. COUNTY & W.COVINA Anything further before voting on the motion to hold over? Motion carried. LOCATION: Nogales Street, Valley Boulevard to Pomona Freeway. (Council reviewed Engineer's report) RESOLUTION NO. 4685 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES,.._.BTATE OF CALIFORNIA, JOINING THE COUNTY OF LOS ANGELES AND CITY OF INDUSTRY IN REQUESTING A STATE ALLOCATION OF FEDERAL AID SECONDARY URBAN EXTENSION FUNDS FOR THE IMPROVEMENT OF NOGALES STREET BETWEEN VALLEY BOULEVARD AND THE POMONA FREEWAY." Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Lloyd to adopt said Resolution. Councilman Shearer: Is this project currently on our Five Year Public Works Program? Mr. Zimmerman: Mr. Shearer, I don't have the Five Year Public Works Program with me tonight, but it is on one of the future years for that program based on an original proposal from the County Road Depart- ment made to us in 1967. Councilman Shearer: What if this application is made for these particular Federal funds and the project is approved and then the City for whatever reason doesn't come up with the $13,000 that is our share? Mr. Wakefield: Mr. Mayor and members of Council, it seems clear that the portion of the cost,as I understand it, which represents a City cost in this item, is for the cost of landscaping and median strips and if the City doesn't come up with its share then I guess those strips in the City will not be landscaped. Councilman Shearer: My understanding is that this is for a signal modification and that we own three of the four legs Mr, Zimmerman: Mr. Mayor, perhaps I can clarify items of work involved. There is in your packet a 6 CITY COUNCIL PUB. WKS: Project SP-73009 Page Seven 1/22/73 small map showing a median island to be installed on Nogales Street,north at Valley Boulevard. That is one of the items of work and there is also some drainage work and some signal modification work. All these items are matters which I would guess would cover the $26,000 which is our share. If the money were not budgeted by the City Council and not authorized for expenditure, I suppose there are at • least three alternates: 1 - Not do the project; 2 - Do the project without doing any work> in West Covina; 3 - Find other means of fund- ing the project. Councilman Shearer: I won't pursue the subject any further since the project was recognized as one to which we were planning and is included in some year in our Five Year Program® I only bring the question up because I recognize, as a fluke if you will of boundaries, we happen to be the owner of three of the four legs of this intersection. The thing that concerns me is the three of the four legs we own are pretty well fully improved and the purpose of this project is to improve the fourth leg which is in the County and because of that we end up paying part of the bill. But if we planned on that I guess i,t is a fight you fought a few years back with the California Highway Commission regarding the puurchase .- f :'.r.igh.t ...of- _way -" for.: the. Grand Avenue .interchange, and fortunately for the City,you won. Mr. Aiassa: Right. Also I feel in working with the County Road Commissioner. many times he makes an application for FAUE funds they usually like to have the approval of the adjoining cities that have jurisdiction. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd. Chappell, Young NOES: None ABSENT: None ESTABLISHMENT OF PRECISE Location: West Covina Parkway between LOCATION OF WEST COVINA San Bernardino Freeway (Orange Avenue) PARKWAY BETWEEN S.B. and Glendora Avenue. FREEWAY (ORANGE AVE.) AND (Council reviewed Engineer's report) GLENDORA AVENUE Mayor Young: This was held over for the purpose of looking into other engineering prospects. We now have a Staff Report and a recommenda- tion. Are there.any further comments? Councilman Nichols: Mr. Mayor, in that I was the culprit who brought the issue to a point of hold over, I think I am satisfied with the explanation given to me in this report. I would move the recommendation, that Council approve issuance of a purchase order to Walsh-Forkert Engineers not to exceed $5,720 for precise survey of West Covina Parkway between San Bernardino Freeway (Orange Avenue) and Glendora Avenue. Seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Shearer, NOES: None ABSENT: None ABSTAIN: Chappell PROJECT NO. TS-73004 AGREEMENT Nichols, Lloyd, Young (I have insured this organization for a number of years.) LOCATION: Intersection of Amar Road & Valinda Avenue. (Council reviewed Engineer's report) 7 CITY COUNCIL PUB. WKS.: Project No. TS-73004 Page Eight 1/22/73 Mayor Young: We have a Staff Report and a recommendation including the adoption of a Resolution. RESOLUTION NO. 4686 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO . ESTABLISHMENT OF PORTIONS OF AMAR ROAD AND VALINDA AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES." Mr. Wakefield: This Resolution is granting jurisdiction to the County to perform the work on the City°s portion of the intersection and the jurisdiction that is given to the County is given for that limited purpose. Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None PLANNING COMMISSION RATIFICATION OF PLANNING Mr. Munsell: Mr. Mayor and members COMMISSION RES. i#2458 of Council, the RE GENERAL PLAN SYMBOLS Planning Commission instructed Staff to resolve the situation concerning the interpretation of symbols on the General Plan•. As you may recall for example, the General Plan in the Woodside Village area shows a symbol for a fire station and a library site at the intersection of Amar and Azusa Avenue.. At the time of working with the Master Plan for Woodside Village it was determined the most appropriate location for both the developer and the City based on prior Underwritersfdetermination and so on, was approximately north of the intersection on Azusa Avenue. This is a typi6al.. example of the kind of flexibility these symbols are supposed to represent on the General Plano However, we -have run into some problems in interpreting the symbols that in the process of printing the map the consultant who did the map in 1968 used a base map as a background, a street and lot map of the City of West Covina. This confuses some individuals who don't understand a General -Plan is meant to be just that, general in.scope, and there are a large number of proposed symbols on the General Plan Map for everything from future schools, future parks, future libraries, future fire stations, future freeways, and so on. So,,because of the situation that everytime it came to a point of discussion on a park or what that symbol meant �it was felt it was most appropriate to place this in Resolution form, that this is the policy of the Planning Commission. So the Resolution reads in part: "Now, therefore, be it resolved, that the Planning Commission finds that the interpretation of all symbols depicting future public facilities as shown on the General Plan of West Covina (Adopted August, 1969) are graphic representations of general location and are not necessarily related to the specific parcel on which the symbol may be shown." I think it is particularly important that we address ourselves to this particular problem in that the State Legislature has passed some current ordinances regarding the General Plan and Zoning, and the fact they must agree with each other, be in conformance® I believe somewhere in the next three months, we, 8 CITY COUNCIL Page Nine, PLANNING COMMISSION m Cont°d. 1/22/73 as all cities in the State of California, are going to have to be able to say the General Plan and the Zoning Ordinances are in agree- ment with each other. The situation we have here for example is we have a future fire station site proposed and a library site on Barranca, which we may or may not want to place that fire station site on. It would be most helpful at this time, ahead of any kind • of problem, to declare that the intent of those symbols is as stated in the Resolution showing a general location. Mayor Young: Thank you, Mr. Munsell. Any questions or comments? Councilman Lloyd: A question of Mr. Munsell. What you are saying,is for private property any indieation on the General Plan there is`=either.-a .'.tacit approval ...Or.... specific allowance of a zoning situation that is depicted on that plan? Is that correct? Are we zoning at this point? Mr. Munsell.: No. This resolution does not speak to that issue. Councilman Lloyd: I understand this is strictly for public lands. Mr. Munsell: This particularly pertains to symbols of future public uses as they pertain to public lands Councilman Lloyd: Now I am asking the question in the area of private enterprise. You alluded alreadyp you opened the area of what the Assembly and Senate was going to do in Sacramento and as a result of that. I am now asking you in the private domain are we also going to fall into the situation of actual specific zoning according to that map? I realize this does not pertain to this but they are interrelated. Mr. Munsell: Right. Mayor Young: You mean, Councilman Lloyd, the General Plan will show an area as projected for multiple use that is not presently zoned for multiple use and you are asking if the legislature is about to zone it that way because we have it painted that way on our General Plan? Councilman Lloyd: That is the case. I already knew about this thing and that is why I am asking the question. I want it clear in my mind. Mr. Munsell: Staff has an, opinion in terms of our Zoning Ordinance and our General Plan which is as follows: that is,in general all of our zoning ordinances have been upgraded with the possible exception of the Core Area, which shows 'traii§i.tionbtl., uses without designating a particular use. Staff feels our zoning and our General Plan are in conformance. Staff also feels the fact the General Plan says 1990 means sometime between now and 1990 some of those uses such as multiple family are possible but it doesn't mean that 'tomorkow'they have. t&_ be -Zoned that way. Let me couch that in a caution, because in discussion with the Councll.df'Planning of SCAG, where I meet with the five County .Planning Directors and several other City Planning Directors, there is a tremendous diversity of opinion. Most cities are very frightful regarding this particular item in that many of the smaller cities are finding they are coloring their zoning map and calling it a General Plan now. The City of Los Angeles and the County are 'very concerned because they have such a 9 CITY COUNCIL Page Ten PLANNING COMMISSION - Cont'd. 1/22/73 disparity between what is their zoning and what is anything they have been doing in terms of planning in that they don't really fit. We are more fortunate that our zoning is fairly current and our General Plan is current, therefore they match relatively well. I am not sure that if you talked with any four different attorneys that in their caution in terms of how to interpret this, until there are • court cases, that you would get any single opinion on that. Obviously the best person to respond to that would be our City Attorney, but in our opinion and in our discussion with the Planning Commission we have indicated for the most part we are in relatively good shape and have set a priority on attempting to write some specific guidelines for the Core Area zone,. This will have to be put out as manpower is available. Councilman Lloyd: Thank you very much, Mr. Munsello I would call the attention of the Council to the fact that in reality what is happening is we are seeing `an erosion of the one true legislative power which is in the hands of this body and that is precisely what is going on, a weakening if you will, where we are now being told we are losing some of the legislative elasticity which we have enjoyed and I think this is the thing that will merit greater attention as we go on down the line. I am very much satisfied with what you said. Other people, with whom I have spoken on the same thing, agree heartily with you. I think, Mr. Wakefield, in general would concur with your presentation. I would move that we adopt the recommenda- tion of the Planning Commission for the ratification of Planning Commission Resolution No. 2458. Seconded by Councilman Chappell and carried. ORAL COMMUNICATIONS Mayor Young: Gentlemen, you received a communication earlier this week and Mrs. Cameron is here to speak on that letter. (Permit :for fireworks stand) Mrs. Cameron: I think my letter is self-explanatory, but 394-3. Forecastle Ave. I would like to add this year we have 27 teams Galaxie Little League and .where we are located in the City of West Covina it is hard for us to get any sponsorship because of the little shopping center that we have there. So we feel if we have this one big project a year that we will be able to lower our registration fees for these boys, because the League will not allow us to charge this much longer - $15.00. We have about 7 sponsors right now for our :27,.teams, that was last year and we are planning on them coming back, but we are not sure they will. So we would like to urge that you consider this for us. Thank you. Mayor Young: I told Mrs. Cameron earlier that I doubted if the decision would be forthcoming this evening but perhaps we could get a prompt report and recommendation right back from Staff. If someone else has a better thought on it,,the floor is open. Councilman Chappell. I don't know what would come from referring to Staff. I certainly understand their problems down there. We have had this come up every year that I have been on Council. Some organization or other has asked to sell fireworks and rightfully so, because it is a profitable means of making money for their particular project. I, as a Councilman, do not feel I can single out any one group and authorize them a fireworks stand when we have throughout the years been turning down all requests because of the problem we would have in deciding on who is or isn't going to get a fireworks stand. It is a real can of worms. - 10 - • .J CITY COUNCIL ORAL COMMUNICATIONS ® Cont'd. Page Eleven 1/22/73 Maybe the audience doesn't realize the City Council many years ago authorized the Veterans° organization within the City of West Covina the right to sell fireworks. The eight Little Leagues I know when I was working with the Leagues, all have come in at one time or another requesting fireworks stands and many other organizations have done so. All worthy of funds. As I sit here it is very difficult to turn any of them down, but to allow one over another one would be really a tough decision to make and probably would have ramifications that would make Azusa/Cameron seem like child's play. I would say some other way would need to be found rather.than allowing a fireworks stand to any one because I know the others would come in immediately. They are all having a funding problem. You can go down the line and you will find many of them in financial straits of one kind or another. It is a very tough situation and I don't think any one here has more of an interest in the boys playing baseball than I have, but we would be facing the gun if we allowed any one of them to have a fireworks stand other than the Veterans'. Councilman Shearer: Has any organization to sell fireworks in stand there operated City Clerk: Mrs. Cameron: A question. In the past years have we granted any organization a fireworks stand in the vicinity of Valley/Nogales Tract? come in and requested and been granted a permit West Covina in that area? Is there a fireworks by the Veterans', group? and they said it would be I can't remember, I would have to check the records. There is a fireworks stand at the Thrifty Market parking lot. I don't know who runs it. We did contact Thrifty Market okay with them Councilman Shearer: My feelings on the matter are somewhat like Councilman Chappell.'s.I have been involved in the Little League for something like five years now and I am on the Board of Directors and we)too)have problems in getting sponsors even though we are located here. It is not all that easy even when you are located up near the business district, although granted it is considerably easier than in your situation. I think we had a request similar to this last year and I am not saying the Veterans' organizations are any more deserving than:the Little Le",:Cubsq,Boy Scouts', Girl,_Scaats Qr any of the organizations facing fund raising problems. I see Mr. Duda out there and maybe the West Covina Birthday Committee `.could like a fireworks stand ® I see he is assuring us he doesn't need one. It is a very touchy situation and it is almost like voting against the Galaxie Little League to say "no'° . I. would suggest, I know the League I am connected with one year gct in with a cooperative agreement ® maybe Councilman Chappell can clarify this ® it was before I got in on the Board of Directors, but they got in with the Veterans' organization and shared in some of the work and the profits. This would be up to the Veterans' organization. The City could not say that and one organization would have to cooperate with any other organization. I personally at this time would not see my way to start to judge, and I think that is the way we would end up, between this organization and that organization if we were to throw it open.. to, everybody and then decide which one of the ten or twelve or how many stands were appropriate for the City. I would suggest you contact Mrs. Preston and find. out which�or.-anizati®u`.g'eneral:ly_ goes back�.,4p.to, th,same sp�t4;i�,nd p9rha.ps_,tb,ey--w ll__be__willing to share some of the work and some of 'the profit. ® 11 • CITY COUNCIL Page Twelve ORAL COMMUNICATIONS ® Cont°d. 1/22/73 Councilman Nichols: I think there is more than one aspect to this concern. We have mentioned one already and it certainly is a valid one, that is the right to sell fireworks has been reserved exclusively for a decade to the Veterans', organiza- tions. I don't think really the choice is functionally the Council°s whether to open it up to one additional group or not. I think the. very day.thAt the :Council.bpens it'up to one group they open it up to any group that might desire it and this immediately begins to dilute the value of it to any of the groups having this opportunity. The last time a vigorous request came before the Council it was put over to the next meeting for a decision and at the very next meeting there was a sea of VFW caps and American Legion caps out here with their rifles at the ready pointed at the City Council and very quickly the decision was made to leave it the way it was with the Veteran$ group having the exclusive right to sell. The second thought that comes to.my mind is the mere presence of individuals before Council making this type of request indicates a very legitimate need that does exist in the community. It is true that every Little League, baseball and foot- ball, have problems in funding, but I think probably the Galaxie area has a more significant need because it has had difficulty in orienting itself to the business community and it is basically just a residential area with relatively minor business interest there. I :think for that reason they command a little higher degree of con- cern and attention by ourselves and the community as to what their needs might be. The thought came to my mind that we do have some avenues where some help might be provided. We have verbalized many times our interest in the Galaxie area and we have shown that in a number of ways. I would like to see the Council now deny this request,per se, but refer this concern to the Executive Board of the Chamber of Commerce to look at and review with considerable concern toward attempting to line up and develop some sponsorship sources that might not be geographically immediately in that area but might be of assistance to them. I would like to see us just not stop it here saying - tough,start looking elsewhere, but try and refer these people to some established sources in the community where.. perhaps assistance cduld'bO generated on'the-ir bebalf.. Ansd I don't -sby_it lightly when I say I hope that staff or the :Mayor will follow up with a vigorous contact with the Chamber management to see if we might establish some help with sources that might help .finance this. I will offer a motion to deny the request on the basis of the comments made and to refer this problem, this need, to the Executive Board of the Chamber of Commerce with a vigorous presentation by the Council through this referral that the Chamber make some effort to provide assistance to this group. Councilman Lloyd: together with one Shearer referred in with them? Mr.. Aiassa: fireworks booth. Councilman Lloyd: Seconded by Councilman Lloyd. I also have a comment. I was wondering what would occur if these people got of the Veterans', organizations, which Councilman to, what would happen if the Veterans' group came there a function of The City of West Covina has adopted in the Municipal Code a specific procedure in which an organization can apply for a The question was if a Veterans'% organiza- tion joined forces to assist Mrs. Cameron, would that be a legitimate request, or is timing in there? 12 CITY COUNCIL Page Thirteen ORAL COMMUNICATIONS - ContBd. 1/22/73 Mr. Aiassa: The request would have to be made in the name of the Veterans.° organization and what they do with the proceeds is their business. Councilman Lloyd: If the American Legion .is the one located • at Valley Boulevard that would solve the problem if they would agree Mrs. Cameron: I don't know what organization has the stand there. Councilman Lloyd: Is it in the City of West Covina? Mrs. Cameron: Yes, it is. Councilman Shearer: Then the City Clerk can advise you what organization was issued a permit last year and if I am not mistaken every year they go back to the same location. Councilman Lloyd: I was really kind of circumventing ® as Mr. Nichols had suggested m another methodology of sponsorship with regard to the motion on the floor and I concur that certainly we'ought to assist in trying to open this avenue; nevertheless, I gather that Mrs. Cameron and her associates are quite convinced this is one of the best ways to go and all I was trying to do was say have you considered or can -you get ahold of somebody to help sponsor you down that way. You might -contact the American Legion Post on Azusa Avenue. Councilman Nichols. The problem there is if we begin a process of referring legitimate needs in this area to the various' Veterans ° "organizations, we are-justreally in effect diluting their exclusivity to this type of -thing through the back door, so to speak. We are bringing pressure on them to share the activity and there isn't really much difference than saying let the Little League operate in that area. I think the need in the community really is for people who are not participating in these kinds of sponsorship to recognize this need and begin sharing a little bit and helping some of these kids in their activity, it certainly is a legitimate need. I would be a .Little reticent to create a situation where contacts were being made with various Veteran organizations which would say in effect "if youwant to give us a cut of the action" or "if you want to put your name on the stand and give us some of the profit" then in theory you have the exclusive right to sell fireworks but in practice you are taking that right away from them. I think we have to decide the issue and the day is coming when we will have to say either open it up and let other worthy organizations use this method or turn those organizations to some other way of funding their activity. I think we would face a trend in this area if we started a precedent of directing someone who wants to start a fireworks stand to go to the Veterans.' organiza- tion and say the Council sent us to you to figure out a way to give us part of your profits or get some of this action. I feel first of all we should try and find • a method outside of the framework of the fireworks business bf pro- viding assistance to these types of groups. Councilman Lloyd: Let me respond to that, not that I disagree. I think your admonition about holding the line on this is probably based upon a good deal of experience and expertise and I respect your recommendations. However, one of the things I am concerned with in a relationship of constituency to the City, not only to administration, but we are all too prone in government to say "no", because that is the easy ® 13 CITY COUNCIL ORAL COMMUNICATIONS - Cont'd. Page Fourteen 1/22/73 way to go and we have a lot of reasons for saying that. All I know is that Mrs. Cameron has a problem and she is appreciative of the fact we are willing to give her time and consideration and probably some of the people in the audience feel that is such a. trivial matter when they are talking about fifty million dollars on redevelopment and thousands of dollars in another area and approving • in our Demands tonight a considerable sum of money, far more than what she is talking about; nevertheless, she is a living part of this community and she has a problem. She is trying to get an opportunity for some youngsters to play and we are in turn not turning them down, and I have to quickly add that people on the Council like Councilman Shearer give of their personal time and effort, also Councilman Chappell, on the ball field and certainly we are not in anyway avodding the issue - in fact Bob and I have been known to get out there with the boys and participate. The point remains she needs a solution now because she wants to get started for the season. I am going to vote "yes" on this and maybe we are belaboring the point but I want to give her something else besides just going to the Chamber of Commerce. I really do understand the Galaxie area has a particular problem and if I am going to make a mistake and give too much attention to someone can do so with,.a certain amount of immunity because it is a little different in their case. That area is the furtherest extremity of the City and we have all tried to make up for that, but I would like to see something more occur in her case. Perhaps we ought to look at it and see if we can come up with something else but not forget about it. I think she is deserving of more than "well that is how it is and we are going to the Chamber and you can go to the Chamber" but that really isn't going to get a sponsor - I know that. Councilman Nichols: The point you make is a valid one, but we are in January and the 4th of July is in July, so I think before we kick the lid off on that can of worms we should explore it a bite I would add to my comments assuming this action passes, if it falls on deaf ears, nothing occurs and no help comes and the need still exists within a month or so that these people recommunicate-with us and say you referred us to the Chamber of Commerce to provide this miraculous help and -nothing happened, now what? And then let's put the monkey back on the back of the Council, but let's try community support areas first before we tangle and divide this element of fireworks usage in the City. Motion carried. Mayor Young: Mrs. Cameron, it is an unanimous vote. I am glad you came down and heard this discussion. I heard some things I had either forgotten about or never heard before since I have been here. In any event you heard the discussion. Mrs. Cameron: May I ask one question? Is there an ordinance of the City that only the Veterans" - organization may have this or is it a policy matter? Mr. Wakefield: There is an ordinance which limits the authority to issue fireworks to those organizations which are composed entirely of veterans. Mrs. Cameron: Thank you. Councilman Nichols: Mr. Aiassa - will staff be sure and promptly contact the Chamber? (Answered: Yes) - 14 CITY COUNCIL Page Fifteen ORAL COMMUNICATIONS ® Cont°d. 1/22/73 Joe Woodford: I am here representing the West Covina City (W.C.C.E.A.) Employees' Association and I would like permission to give a brief presentation under your Item #4 of the City Attorney°s report. (Permission granted.) Lynn Giles This is Sheree ;Davis and Larrie Roberts. • Commissioner Larrie Roberts started a program where she Youth Advisory Comm. has a group of younger people together saving!: aluminum cans, glass bottles, old newspapers for recycling and the money hasn't been definitely decided as to what .it is going to go for, but the ideas are either for charity or wildlife, but not definite yet. The Youth Commission is going to look into this program at our next meeting and see if we can sort of act as a guide and help out with the program, but there is a problem right now with the program and that is why we are here. Larrie Roberts: The problem is one of storage to keep all this stuff until we can take it to the recycling centers and we were wondering if you had a building where we could keep it until it can be picked up. Mayor Young: You need a place to store the materials, is that the major problem? Lynn"-diles: More or less. Also I wanted to bring up the idea that I will be representing it to the Youth Commission and for the time being we will be looking for a storage place. Right. now, I think, we have someone's garage for a couple of days and we do have a truck for delivering the materials to the recycling centers but if we had a building big enough to keep the materials in at a local area people could just drop off the materials and that would get more people interested in it. They also plan to have a monthly meeting and also going around and picking up trash in areas of the City that are not too clean and the materials we can use will be used for recycling but the rest of it will be helping clean up the City. So it is sort of like a service project for the City and we thought you might help us out on a location. Mayor Young: Thank you, Lynn. I don't think we can come up with an immediate answer right now. We need some help from the City Staff. Councilman Nichols: I think you are 'on the right course. The first thing that should be done is it should come before the Youth Commission and some guidelines and stipulations be drawn up so the Youth Commission will assure itself of the non-profit aspect of it and the control aspect, so that somebody will not abscond with 50,000 aluminum cans and take a trip to Europe. And at that point when you get it clear then why doesn't the Commission itself make a recommendation back up to Council, having all the facts at hand after discussing it and we can then refer it to staff. In the meantime just find somebody else°s garage. • Lynn Giles: Thank you. (Mr. Kaelin indicated he wanted to speak under Oral Communications after a short recess having a need to discuss the matter with Staff first. Permission granted by Council.) THE CHAIR CALLED A RECESS AT 8.40 P.M. COUNCIL RECONVENED AT 8:55 P.M. (Mr. Kaelin indicated he needed more time to study before making comments.) 1.5 CITY COUNCIL CITY ATTORNEY AGENDA ITEMS Page Sixteen 1/22/73 ORDINANCE The City Attorney presented: RE'INT:RODUCT.ION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING CHAPTER 6 TO ARTICLE III OF THE WEST COVINA MUNICIPAL CODE, RELATING TO TELEPHONIC ALARM SYSTEMS." . Mr. Wakefield: The Council will remember when this Ordinance was first submitted there was some concern expressed that it would foreclose the use of equipment which had already been installed and was in operation. We have attempted in this draft of the ordinance to exempt equipment which is installed and operative on March 15, 1973. The Ordinance dates need to be corrected but we will take care of that, there is a typographical error. As of March 15, 1973, any equipment in use prior to that date will be entitled to continue to operate providing the owner obtains a permit from the Police Chief so the City will be able to identify the equipment and know where it is. That permit to be obtained not later than June 15, 1973. Councilman Lloyd: Mr. Mayor, I am afraid I have a personal . involvement on this. Until two weeks ago I might have been willing to go along on this but I am not nearly as convinced in view of the fact I have been burglarized for the third time. Very frankly,it may be an inconven- ience for the staff and the Police but let me ask a question m how many of you have been burglarized? (Councilman Nichols and Councilman Shearer indicated they had.) I would like to explain to you all how it feels m how did your wife react,Councilman Shearer? I am very sure very similar to mine. It is a very disgusting and intimidating situation. Before we go on with this I want to assure myself and I am asking the Council on a personal basis to set this aside. I want to know if what'we are really doing is right. What these other people have said m when I hear about earthquakes and tremors and all that. Indeed,if this equipment is that poor then I may go along with this, but if this isn't the answer then what do we have in its place? After being burglarized three times I am a little hesitant. I am not saying that the police are not doing their job because they are. The police are not capable of coping with that type of a criminal act. They simply cannot be there at the right time and driving a black and white car down the street is like a signal for everyone to stand out of the way until it goes by. That is exactly what it amounts to. The more often it goes by - wellait is really like the old mine sweeper situation with regards to submarines, it did have some deterrent factor until they decided to make the attack. I am very much concerned, so I would ask that this be held over and I would like to get together with staff myself, if I may. Councilman Shearer: I would go along with that request because I,too,had some concern for different reasons than Councilman Lloyd. I asked a question last time and I am still not convinced and perhaps it can be answered at a later date if we hold this over. The possibility of the feasibility of setting up a special number at City Hall, in fact in the packet I saw where one of the towns did just that very thing, set up an exclusive number so if it did malfunction it wouldn't foul up the emergency line. So say 2 okay if you want one of these systems, fine, this is the number coded that you dial. into. I would think the City could do this if it is at all feasible, (if it isn°t,someone tell me later, not tonight), rather than requiring each one of these people to bring in a separate line at extra expense. I will go along with holding it over. Councilman Chappell: One thing about this we don't have enough lines in our board to handle anywhere near the amount of systems that are in West Covina right now. Our board is pretty full now from commercial utilization, let alone ® 16 CITY COUNCIL CITY ATTORNEY AGENDA ITEMS Page Seventeen 1/22/73 bringing in these homes. I think the suggestion of a certain phone number would not be too costly and would be providing a service and that is one of the things the City is supposed to be doing, providing service for the people fearful of being robbed. My home was robbed this past year, Councilman Nichols' home was robbed this past year. • Councilman Lloyd: Maybe that is one of the things about being a Councilman' Mayor Young: I am not going to comment on that, but the arguments are compelling and it is kind of circular reasoning to on one hand decry the amount of crime and burglaries and then eliminate one of the few effective ways that we could possibly deal with it. Even a helicopter wouldn't help burglaries but these alarm systems could. Motion by Councilman Lloyd to refer this item back to staff for further consideration and to be brought back when they have answers to Councilman Shearer's comments; and further Councilman Lloyd would like to sit down and discuss the matter with staff. Seconded by Councilman Chappell and carried. ORDINANCE NO. 1214 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 No. 478 - City Initiated)" Mr. Wakefield: This is the rezoning of the city owned property which is southerly of Aroma Drive and northerly of Galster Park. Motion by Councilman Shearer, seconded by Councilman Nichols and carried, to waive further reading of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Nichols, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION NO. 4687 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DISAPPROVING PRECISE PLAN OF DESIGN NO. 643. (Paulson Development Corporation)." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Shearer to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None WEST COVINA CITY Mayor Young: Gentlemen, you have EMPLOYEES'.ASSOC. a letter before you LETTER REQUEST from Mr. 'Wakefield and Mr. Woodford has requested permission to speak on this item. Joe Woodword I have read Mr. Wakefield's letter and it Representing appears to be pretty much the same con- W.C.C.E.A. clusi.on as the opinion that was prepared 17 - CITY COUNCIL Page Eighteen CITY ATTORNEY:, W.C.C.E.A. LETTER REQUEST 1/22/73 by Mr. Faunce, our Attorney. I would. just like to state we feel the meetings of the W.C.C.E.A. Board of Directors does serve a public purpose and is of benefit to the City, basically for the following reasons: both the Employees, organizations and the City have a mutual obligation to conduct the labor relations program of the City and promote labor peace. 'This is especially important when you consider that over 70% of the municipal budget is spent for manpower, meaning salaries, benefits, services, and everything that goes into making for a work force. A second point is that the Meyers, Milias, Brown Act has various provisions that place mandatory obligations on the Employees' Association. We feel that it is a benefit to the City that we effectively meet those mandatory obligations. The third point that I would like to present, I had a recent experience that is kind of interesting. I spent a couple of days in the City of Santa Maria last week where they didn't have a provision for the Board of Directors of the Association to meet and to meet quickly. Management and the City was supporting a memorandum of understanding and so was CLOCEA, and the ,President and Vice -President of the Association. The whole thing almost went up in smoke because of our inability to meet speedily enough to get the memorandum ratified by the membership so that the Council could act and resolve the problem. It was a very long and complicated situation. but it was really brought to light when the Assistant City Manager/Personnel Director approached me and said "the whole problem basically is that the Association didn't or couldn't act speedily enough 'to handle the situation." The City was so concerned that they called a mass meeting of all employees on a Monday morning at 9, 10 and 11 A.M., taking all the employees off of jobs at intervals and this could have been resolved if the Board of Directors could have met a week before in a speedy manner. That is just an example that happened very recently that I could share with you. On October 24th I did approach the Council and suggested that a Committee of the Council meet with the leader- ship of the Association and try and develop some reasonable rules on a program for having the Board of Directors meeting time partially on City time. Again I would like to state that we would like very much to meet with a Committee of the Council or the City Manager or some other designated personnel to try and iron out this problem as soon as possible. Thank you. Mayor Young: Thank you, Mr. .Woodford. The floor is open, gentlemen. Councilman Lloyd: I don't know all there is to know about this. Mr. Aiassa, have you communicated with these people on this? Mr. Aiassa: No, because the City Attorney hadn't quite clarified his first opinion based on the second opinion. This is his second opinion which .is a little more chicken hearted than .the first one. Councilman Lloyd: So where we are at the present moment, you, the City Manager,haven't communicated or come up with a recommendation on this ® is that true? Mr. Aiassa: True. Mapr Young: Is this 'a chicken and egg situation? The last time it came before us we did talk basically in terms that we would be making an unauthorized gift of public funds by allowing this time off, or at least this was .in our minds. I don't know that it has ever come before us in the exact context it is coming now. The policy question posed by the City !Mp&AM CITY COUNCIL CITY ATTORNEY: W.C.C.E.A. LETTER REQUEST Page Nineteen 1/22/73 Attorney here which I would think would have to be dealt with at one point. I don't know if it is dealt with before or after a recommendation from City management, as to whether or not this Council feels policywise that these meetings are of benefit to the City and therefore serve a public purpose. I gather from Mr. Wakefield's letter and he can reiterate if he wishes tor, but I gather he is telling us if we decide as a Council that the City is being benefited by this then that would be acceptable and we would not be in the position of violating the Constitution or the laws of the State of California. Is that correct? Mr. Wakefield: That is correct. However, I think this should be considered, as you know the City recognizes three employee organizations, the benefit that -is accorded to one$of courseewould need to be available to the other two also.' And under such circumstances from your own procedural standpoint it might be advisable, if you agree with the principle involved and find it to be of public purpose, to refer it back to staff and the Personnel Board for appropriate recommendation for inclusion in an appropriate amendment to the Salary Resolution which in the main govekns, items of this sort. Councilman Lloyd: Mr. Mayor, we have a Personnel Session tonight and this is a personnel thing;,. I would like to hear what the other Council- men feel about this before we go leaping off and I don't care at this point to be involved. Why don't we hold it over to then and then I can hear what they have to say and we can bring the matter up after that. i'or a decision. Mayor Young: Mr. Wakefield, do you feel this is an appropriate matter for a personnel session? Mr. Wakefield: Yes. Councilman Nichols: Why is .it the feeling that we should be doing this in a personnel session? Are there elements that you would prefer to discuss that way? Councilman Lloyd: Certainly. Councilman Nichols*. I will defer to your request if you'd rather discuss . it in a personnel session. But I don't have any feeling in that area at all. I_ have firm feelings on it m but whatever you want is agreeable to me. Councilman Shearer: I would like to make one comment. it-, showsf,I guess, depending on where you are sitting and at what point in time you hear different things, and I am not in a position now or never will be to attempt to tell Mr. Woodford how to run his job, I am.sure he is very competent in his area but I was at a meeting some months ago where we were discussing employee -relations and this matter came up as it affects the organization from which I earn.. My living. This matter came up and I raised the question. At that time we were discussing as to what employees could do as representing the employee organization on State time and ghat they could not do, and certain things were mentioned regarding working on grievances, etc.,, se. I asked the question m what about general meetingsand Board meetingss-.:._...and the answer I got there_Ito. m.this mans who I am sure also was an expert in his field as Mr. Woodford is, was that his organization preferred not 'to hold normal business meetings on Company time (in this case the State), because this in a way can somewhat tie them into City business and they pre- ferred to hold their general meetings completely separate and apart so there could be no hint of interference on the part of _. m 19 m f CITY COUNCIL Page Twenty CITY ATTORNEY: W.C.C.E.A. LETTER REQUEST 1/22/73 management. They preferred it at 7:30 atnight, completely away in a separate building. So this was a completely different philosophy espoused versus the one Mr. Woodford represents. So there is a difference of opinion among labor people. I just throw that out to show that it isn't always.that easy to make a decision like this. Mayor Young: Councilman Lloyd has requested that this be discussed in a Personnel Session and Mr. Wakefield says it would be a proper discussion in a Personnel Session, so I think I would be inclined to honor Councilman Lloyd's request. Is that agreeable, gentlemen? (Council agreed) Mr. Woodford: Mr. Mayor, I have a complete file on the subject if any of the Council would like to use it in the Executive Session because this problem or situation has been under discussion in correspondence since May of 1972. Councilman Lloyd: This file pertains to the City of West Covina? Mr. Woodford: Yes, West Covina only. Councilman Lloyd: If you wish to submit that9I have no objection. CLAIMS FOR DAMAGES Blanche M. Protz, 3740 Forecastle Avenue, W.C. FILED WITH CITY CLERK Collision involving her automobile and fire truck. Motion by Councilman Shearer, seconded by Councilman Lloyd, to deny claim and refer to Insurance Carrier. Councilman Nichols: Mr. Aiassa, what happens after this Council action? Is this automatically referred to our insurance carrier and he follows up? Mr. Aiassa: Yes, he advises us of,all the reports, etc. He does a very thorough job of investigation. Motion carried. APPROVAL OF AETNA Mr. Wakefield: Mr. Mayor and members AS DEFFERED COMPENSA- of Council, I would TION CARRIER request that this item be continued to your next regular meeting. So moved by Councilman Nichols, seconded by Councilman. Lloyd and carried. 20 CITY COUNCIL CITY ATTORNEY - Cont'd. Page Twenty-one 1/22/73, CITY OF WEST COVINA and Mayor Young. We have a Staff WEST COVINA BEAUTIFUL Report and a pro - "GOLDEN JUBILEE" CONTRACT posed contract. Is there any discussion? • Councilman Shearer: Mr. Mayor, a question. I believe I satis- fied myself but I want to make sure. On the agenda's cover letter the subject is "Contract for Loan". I don't find that word "loan" used in the contract. What was the intent of Staff when they wrote up the con- tract? Is this a no strings participation, or is it in fact a loan, or is that a poor choice of words? Mayor Young: Mr. Shearer, can I respond just briefly? Councilman Shearer: As long as you have the right answer. Mayor Young: I will reiterate a bit. `I discussed this proposed contract with the City Manager and it was the intent that the contract provide that any funds realized. by West Covina Beautiful from the "Golden Jubilee" over and above expenses that the City first be reimbursed and anything beyond that can go to their own treasury. I don't know if that is clearly stated or not, or if that is every- body's understanding. Councilman Shearer: I didn't get that intent from reading the contract. The closest thing was - "if any part of the consideration unexpended by the contractor shall be promptly repaid to the City." Now who is to say when you have $2,000 whether you spent it or you don't spend it if you spend the grand total of $1600. whether that too is part of the $.1600.. you spent or it wasn't I think this is like the contract we had with the Symphony Orchestra where they tried to keep separate accounting on the money from the City and the money from elsewhere and everybody gets confused, at least I do. I would like to see just a donation with no strings attached to the Committee and if they make a lot of money,great. They put in the time and effort and if they want to donate it back to the City or to the Galaxie Little League or whatever, that is their business but I don It think we should go into this with the idea of sxpei�ting their paying us back. I hope it is an overwhelming success and they make thousands of dollars. Councilman Nichols'. I think the contract in fact states that specifically. It does not state that it must be paid back. It does state, of course ,if they do not spend these specific funds that they should be remitted back to the City and I think that is entirely proper. I am sure you will agree. Councilman Shearer: Councilman Nichols: and approve the contract action. Councilman Shearer: Mayor Young: Right But' := - the" icontradt(.:itself,_does not demand that. The cover sheet I think we can accept that as a slightly misleading statement and convey your own thinking through -lour Right. Let's suppose $1.0,OQO.. $2,000 back m subject, West Covina Beautiful cleared I would like to get the that was my thought on the 21 CITY COUNCIL CITY ATTORNEY: "Golden Jubilee1B Contract Page 'Twenty-two 1/22/'73 Councilman Shearer: My thought then would be to leave it up to the good judgment and integrity of West Covina Beautiful. I think when we budgeted this money a year ago for this activity and to enter in with the idea we are going to get our money back is not entering into'the spirit of the celebration anymore than if I buy.raffle tickets and I don't • win the car and they make $10,000 and I ask for my money back. That is not my intent. I would like to give them the money, no strings attached, and if they want to give it back that is up to them. Now that is only one vote. Councilman Lloyd: Councilman Shearer, I don't know if you remember it or not but there was a commitment c:..:foar'c :thb, .mdkirig of some coins as a commemorative thing for the 50th Anniversary and we may have a commitment on that. If any monies are made9,I think things.of. that nature should be paid for. Councilman Shearer: I wasn't aware'of that. Mayor Young: Mr. Duda, you appear to have something to say. Mr. Duda: Mr. Mayor, it is clearly our intent to W.' C. Beautiful repay that money to the City. As you well know from our discussion that we had regarding this money. We feel it is going to be repaid. We have readjusted our budget and we have readjusted the number of events and the schedule of events and we feel that there definitely will be this money repaid to the City of West Covina. In addition, the money that is made in excess of the $2,000 will be used for City beautification. This was in my original presentation back in early December that we proposed this. I might add that now we firmed up the location for all commitments as late as 5.30 this afternoon m but this is definitely our intent, and I want this to be very clear. Mayor Young: I like that. Is there anything further, gentlemen? Councilman Nichols: I certainly move the approval of the contract. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Councilman Chappell: Mayor, can we getin up-to-date report as to where various functions will be held? Mayor Young: Yes, I think we could benefit from. it. Mr. Aiassa: Mr. Mayor - Mr. Silver is duplicating the proposed budget and you will have copies in a few minutes. They just brought in one copy tonighta Mr. Duda: We have altered our budget as a result of not being able to obtain the prime location that we had .in mind. Going through it basically Opening Day is the parade ending at City Hall, with a celebration to be held here. We have had. the Pigeon Release Pictures taken last Saturday and I didn't hear of any pro- blems of clean up around City Hallo The Mini. -Fair will be • f CITY COUNCIL Page Twenty-three CITY ATTY: "Golden Jubilee" Contract 1/22/73 held at the VFW location which is 2328 West Merced, an all day long affair on a Friday. The next location problem we had was the Art and Garden Show which will be held at Eastland -Center, an outdoor situation. This was requested by the Art Chairman from the W(Man"s Club grwp that rather than have it in a location inside they preferred it at Eastland Center and we got that approval today. The theatrical presentation will be held at Temple Beth Ami. We feel this location is better as to seating, sound, etc. The combined Choral presenta- tion will also be at that location. The chess tournament is going to be at Mesa School. The Battle of the Bands, which is a teen event does pose some problem. It will -.)be held at the VFW and we will have to reduce the number of people that will be there. That will be changed to the 16th of February. The events for the family picnic type days will be held at and around Cortez Park and the Ridge Riders Field just across the street. "Gun for Hire" will replace the puppet show and the animal acts that we had planned on hiring professionally. The Bicycle Rodeo also will be held at Cortez Park and the Square Dance on the 17th will be held at the VFW Hall and sponsored by the West Covina Juniors. The next day it will all be held at the Ridge Riders Field ® a horse show exhibition, a Pet Show and a barbeque. They are also bringing up the Flying Horsemen, they made an appearance recently on TV and they are from Long Beach and their cost has been reduced. They are doing it just for the cost of bringing 15 horses up and back to Long Beach. I think we owe a vote of thanks for the Ridge Riders for talking them into this. The Symphony presentation will be at Temple Beth Ami. The teen dance on the 23rd will be held at the VFW Hall and the Grand Ball will be held at Temple Beth Ami. We have looked at all locations within the City and found none of the schools are available. As far as the Teen Dance we feel we would have preferred having it there but the control is still a good factor and there will be good control at the VFW Hallo That, we feel are the best locations available to us now. We will reduce the number of people that will be able to attend but I think it will still be very successful. We have not heard from the Governor yet, we were supposed to hear today whether he was going to be able to attend. County Supervisor Schabarum has suggested that he call the Governor's Office today and help and we are hopeful that Joe Busch will also call tomorrow and Assemblyman Lancaster is also working on it; the President is not going to be able to make it. We got his letter today but he is going to send a personal comment in regards to the 50th Year growth of West Covina at a later time. (Council all agreed it sounded very good and that great progress had been made; thanked Mr. Duda for his time and effort and that of his Committee and others involved.) WILLIAMS & MOCINE Mayor Young: We have a Staff CONTRACT Report with regard AMENDMENT to this item. Do you have any comments, Mr. Wakefield? Mr. Wakefield: My copy of the agenda does not have that item on it, Mr. Mayor. Mayor Young: It is recommended that the City Council authorize the payment of $1378.18 to Williams & Mocine, Planning Consultants; and that Council also authorize the employment of Williams &. Mocine as per the amended contract not to exceed $6,000.00; and further authorize the payment of $2,000.00 payable to Williams & Mocine, Planning Consultants. Mr. Aiassa: There is one staff change on Page 2 of the contracts The 8th sentence, about the 23 CITY COUNCIL CITY ATTY: WILLIAMS & MOCINE CONTRACT Page Twenty-four 1/22/73 middle of the paragraph. It says "it is agreed that the consultant will provide an .irregular out -continuing service on an on -call basis as required by the City Manager." We would like that entire sentence depleted. Councilman Nichols: Including the recommendation of the City • Manager. I move that the City Council authorize the payment of $1378.18 payable to Williams & Mocine, Planning Consultants; and also authorize the employment of Williams & Mocine as per the amended contract not to exceed $6,000.00; and further authorize the payment of $2,000.00 payable to Williams & Mocine, Planning Consultants. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None THE .CHAIR RECESSED THE COUNCIL MEETING AT 9:32 P.M. FOR THE PURPOSE OF CALLING THE REDEVELOPMENT AGENCY MEETING TO ORDER. CITY COUNCIL RECONVENED AT 9:46 PoM. CITY MANAGER REPORT RE USE OF HIGH Councilman Shearer: Mr. Mayor, rather POWERED CARS - POLICE than pursue the DEPARTMENT question tonight, we have a report some of which I didn't receive until this evening, so I would like to just receive and file it now and reserve the opportunity to bring it up later after I discuss it with the Police Chief or staff. Councilman Lloyd: I noti.cedpCounci.lman Shearer.one of the things you asked(, in response to you, was that these were just regular cars; however, in the contract pre- pared it stated 115 miles an hour - that's quite a regular carg Councilman Shearer: That is one of the things I, would like to pursue further but not at 115 miles per hour. So I move that we receive and file the report. Seconded by Councilman Lloyd and carried. PARKING STRUCTURE Councilman Shearer: Mr. Mayor, a PROGRESS.REPORT question. I noticed on the second page of the report we made payment to Valley Crest Landscaping - is that correct? Mr. Aiassa: Yes. Councilman Shearer: In the amount of $11,000 and then in the first page of the report we say that the landscape irrigation. contractor will be moving into the site on the week of January 22nd when we can expect him to commence landscaping. My question is.what has he done so far if he is going to commence today to get $11',000? It sounds like a good deal, I hope there is a good answer. Mr. Aiassa: I would. have to get you the work sheet break- down on this and I will have that available for you if you care to carry this report over. Councilman Shearer: I hope you haven't paid him for work not yet done - I am sure there is a good reason. - 24 - CITY COUNCIL CITY MANAGER: Parking Structure Report Page Twenty-five 1/22/73 Mr. Aiassa: There was a lot of salvage work done prior to the excavation and breaking of ground and this included the boxing of specimen trees, etc. Councilman Shearer: All right, if you can just advise me as to what • work was done. Motion by Councilman Nichols to receive and file informational pro- gress report. Seconded by Councilman Shearer and carried. CITY TREASURER REPORT Mayor Young: We have a request for authorization and approval for the City Treasurer to destroy paid -up Improvement Bonds. (Per listed items in repom°t) So moved by Councilman Chappell, seconded by Councilman Shearer. Mr._ Aiassa: A question. Mr. Wakefield,,are you now cleared on the official check out that you had some doubt on? Mr. Wakefield: Yes, Mr. Aiassa, the request is in accordance with the provisions of the statute. The request before Council is legally okay. Motion carried. MAYOR'S REPORTS Mayor Young: I have already given a report on the Revenue Sharing Committee. PROCLAMATION Mayor Young: I have been requested by the San Gabriel Valley NAACP, Mrs. Dorothy Davis, to declare February 11 through the 17th as40Black History and Brotherhood Weeke' If there are no objectionsal so proclaim. COUNCILMEN'S REPORTS/ Councilman Chappell. I have talked COMMENTS to most of the Councilmen on this. It has been my thinking for sore time that we should perhaps establish more direct contact with our 'elected legislators in Sacramento on say a quarterly basis so they get to know us and we can go there and discuss things of vital importance which would perhaps keep us from doing it on an emergency basis. In the past when something has come up that hit the fan we then attempted to go to Sacramento and talk with the legislators and many times not knowing them as well as we should and not knowing their thinking So it is my idea that one of us from time to time go up and discuss certain items© For instance, Assemblyman Lancaster talked to me the other night in regard to Revenue Sharing. Tht would be an item that we could discuss with him. It is my suggestion that perhaps City Council authorize myself to start this, seeing as this contact has been made with me, on. February lst authorizing me'to go to Sacramento and contact the new legislators elected and renew acquaintances with some of the other legislators that we know but not as well as we should. Mayor Young: Are you suggesting some expense allocation? Councilman Chappell: I would say round trip air fare. Councilman Shearer: I would think he would want to take Mr. Lancaster to lunchu - 25 G CITY COUNCIL Page Twenty-six COUNCILMEN'S REPORTS/COMMENTS m Cont°do 1/22/73 (Council discussed whether it would be an overnight stay, etc.) Councilman Nichols: I think the Council should cover all necessary expenses this first trip and then see what he does after that. • Councilman Chappell: The next trip would be some other Councilman. This suggestion is for all of us to become acquainted with these men. Councilman Nichols: I would move that Councilman Chappell be authorized to represent the Council on a liaison trip to Sacramento on February 1, 1973, with necessary expenses not to exceed $100.00. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Councilman Lloyd: Mr. Aiassa, where are we on Scotts; dal-8? Mr. Aiassa: We are now awaiting a new confirmed date. I talked to him personally on the phone today and he wants us there but his schedule is a little tight at present because he is in the middle of his budget. I also talked to Bud Brooks who is using the service and now has a Cadillac Agency established .in Scot sdalp- and he had nothing but good praise. He said the best way for us to find out more details is get up there and discuss with the contractors.. Councilman Lloyd: Are you talking about a week or two weeks hence? Mr. Aiassa: He was supposed to tell me by mail last Friday but I haven't received it yet. (Explained further.) I will probably hear the first week in February. Councilman Nichols: Councilman Lloyd, the fact of the matter is that the City Manager has been closely in touch with the Weather Bureau and he is trying to find a day that is impossible flying weather. Councilman Lloyd: Would the Council note that Councilman Nichols has agreed to fly with me assuming the weather is satisfactory c he has agreed with a certain amount of fear and trepidation. APPROVE DEMANDS Motion by Councilman Lloyd, seconded by Council- man Shearer, to approve Demands totaling $717,282.54 as listed on Demand Sheets C845 to 847, and :B562A to 563Ao Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None EXECUTIVE SESSION At 9:55 P.M. the Mayor called for the Executive Session as .requested by Mr. Aiassa and Councilman Lloyd. Council reconvened at 10:25 P.M. Mayor Young: The City Council did consider the request addressed to Council at various times by the W.C.C.E.A. to hold Association Board of Directors_ meetings on city time. It is the consensus of the Council that public ;.. r C? _ 26 ®. -0 CITY COUNCIL EXECUTIVE SESSION m Comments Page Twenty-seven 1/22/73 policy would be satisfied by the granting of such a request and that this is an outgrowth of the meet and confer laws of the Meyers, Milias and Brown Act. We are directing the City Manager to prepare a specific proposal to govern these meetings,that is in the sense of the time that will be involved, what happens at the meetings is of course up to the respective Boards. This is in respect to all three Associations. We would like to have this implemented as soon as possible, by our next meeting if possible, is our consensus. One other items that has not yet been considered. In light of the death of our former President Johnson, we did have a problem arise at the time of President Truman's death in that only two City Councilmen were in town and we sought desperately for the City to take appropriate measures for the closing of City Hall on the day of memorial declared but unfortunately we weren't able to do that because of not being able to reach all Councilmen. Mr. Wakefield, perhaps you can suggest a procedure. at this time whereby West Covina can join in the observation of any memorial day if declared by the President and the Governor. Mr. Wakefield: You will recall after the death of President Truman the matter was referred to the Personnel Board for consideration and recommendation back to the City Council for appropriate amendment to the rules, I would think under the circumstances if the City Council desires to act in the matter that it would be sufficient for the Council to simply authorize the City Xang�ger to close the City offices if the President or the Governor declared a day of mourning for the untimely death of President Johnson. So moved by Councilman Nichols, seconded by Councilman Lloyd. Councilman Shearer. That is the "President or the Governor" or "President and the Governor"? I would prefer to vote on "President .and Governor." Mr. Wakefield. It happened in connection with President Truman's death that there was a proclamation by both the President and -the Governor, and I would assume that would be the case at this time. Mayor Young. declared by the ADJOURNMENT The motion now reads the City Manager is authorized to implement the observance of a Memorial Bay for the City of West Covina if eo President and the Governor and it was seconded. adjournment be in ATTEST: Motion carried. Motion by Councilman Shearer to adjourn this meeting to February 5, 1973 at 4:30 P.M. in the City Council Chambers, and that this memory of President Johnson. APPROVAL. MAYOR CITY CLERK 27