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02-26-1973 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA FEBRUARY 26, 1973. The regular meeting of the City Council called to order at 7:33 P.M., • in the West Covina Council Chambers by Mayor Robert Young. The Pledge of Allegiance was given, followed by the invocation given by the Reverend John Reid, Jr., of the Community Presbyterian Church. ROLL CALL Present: Mayor Young; Councilmen: Shearer, Nichols, Lloyd, Chappell Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Richard Munsell, Planning Director Bert Yamasaki, Community Redevelopment Coord., John Lippitt, Acting City Engineer Leonard Eliot, Controller Ray Silver, Administrative Analyst, Jr., Ross Bonnar, Administrative Ass't. Gary Duvall, Administrative Ass't. Mike McDonnell, Staff Reporter - S.G.V.D.Tribune APPROVAL OF MINUTES • January 8, 1973 Motion by Councilman Chappell, seconded by January 22, 1973 Councilman Lloyd, to approve minutes. Councilman Shearer: Mr. Mayor, I have a correction in the minutes of January 8, Page 27, the comments in the middle of the page attributed to me I believe were made by Councilman Chappell. Motion carried approving minutes of January 8, 1973, as corrected and minutes of January 22, 1973 as submitted. Mayor Young: Mr. Silver you mentioned a mistake in the July 26, 1972 minutes or was it Mrs. Preston? Mrs. Preston: On the July 26, 1972 minutes there was a City Clerk figure of $871,271 mentioned which should read $87, 271. Mayor Young: May that be corrected by inter -delineation? Mrs. Preston: Yes sir. City Clerk Mayor Young: Hearing no objections by Council it will be corrected by inter -delineation. Thank you for calling that correction to our attention - Mrs. Preston. Before proceeding further with the agenda this evening we have two deviations. First of all we have in our audience this evening a gentleman who gave much of his life,- 29 years of it in service to the City of West Covina. He came here in 1943. He was the first Police Lieutenant this City had and then he became Chief of Police from 1952 to 1958 and thereafter served as the Special Services Officer which was a role not prominent in a flamboyant sense but which brought about a great deal of beautification in our City and - 1 - CITY COUNCIL Page Two Presentation - Cont'd. 2/26/73 compliance throughout the City with various Ordinances of the City which were designed to make this a better place to live. I don't think there has been a more dedicated servant to the people of this City than Bun Stanford. Bun has recently elected to retire and •there was a dinner in his honor but in addition to that we have a perma-plaqued resolution which recounts some of your services to the City and I would like to present that to you at this time. This Resolution only very briefly summarizes your long and faithful service Mr. Stanford, and it does state some of the things.I just stated and it is a pleasure for me to be able to present it to you on behalf of the City Council. We wish you every happiness and success in your golden years of retirement. Mr. Stanford: Thank you. I am very proud to have been a part of the City. I have seen it grow from approximately one thousand people to its present population. I miss all of you. I have been up in the cold country and had to come down and get a little warm but I really do appreciate this. Thank you. Councilman Nichols: Mr. Mayor, a comment. As a high school student attending Pomona High School back in 1943 I think I probably got one of his first tickets and over the years I gradually thought better of you. And I have come to really and truly respect and admire you and appreciate the kind of loyalty and service you have given to the community and since my ticket I have never heard another bad word'` about you. • Councilman Chappell: It has been a great pleasure working with you in the various areas of our community. I would like to see you come back to the community if you don't like the cold up where you are because we don't have that kind of cold here. You are always welcome back in our community. It has been great working with you. Councilman Lloyd: the most heartfelt many years you have to have people like Councilman Shearer: I guess I met Mr. Stanford back in the early 1950's through my father-in-law, Mr. Vaughan, and have known him ever since. It is with thanks that I would like to say "thank you" for the given to the City of West Covina, we are fortunate you who work so hard and diligently. until I got out of high I will just add my "amen" to what has been said. I apparently am a better driver than Councilman Nichols - I never got a ticket school. Best wishes to you. Mayor Young: The other slight pause before we get into the regular agenda items,. we have in our audience several young people this evening, I will ask them to stand up :.in just a moment, these young people are engaged in the Explorer Scout Program. We have a new post here in West Covina, it is called "The Law Post", and it is centered in •the Citrus Municipal Court and is being expressly sponsored by Judge William Martin, who. is the Senior Judge of that court, and several attorneys in the area, including myself, are advisors to the group. I was supposed to address the group a few nights ago and was unable to do so because of a conflicting engagement but Mayor Pro tem Lloyd very kindly consented to address the group and I am sure he gave the group a very fine outline and presentation on the function of City Government, particularly the City Council, and they are here this evening to see in action the things Council- man Lloyd told them about. (Asked the young people to stand up and be acknowledged). - 2 - CITY COUNCIL Page Three Explorer Group - Cont'd. 2/26/73 Among other things these are all young people interested in going into legal work as attorneys or some related endeavor and it is our intention locally in the profession .to have them in our offices locally to see -the drama that takes place there and in the courts, and this evening to have them see a legislative body in action and we hope in some measure to contribute to their growth and interest in the community and the law. Do you have any comments Councilman Lloyd, having been a speaker? • Councilman Lloyd: I am not sure that I did that great of a briefing for them and I think the actual experience of seeing this body in action will be infinitely more graphic and illustrative of our legislative processes than my comments the other night. I am most pleased to see these young people here and we are very fortunate to provide such an opportunity through Judge Martin's leadership and men like yourself, working with them and seeing that they get in the right step in our society and certainly in our community and in the under- standing'and orderly processes of running this world, because that is exactly what these young people will do. Mayor Young: sleeping, so do, we are Councilman Nichols: Thank you, Councilman Lloyd. Stay as long as you like young people but if you feel the necessity of going home for studying or glad to have you here. Mr. Mayor, I noticed the mixed sexes of those standing up - do you practice Women's Lib in that group too? Mayor Young: Yes sir, that has become the thing and normally in my own experience when I come .up against a women attorney I quake and tremble because they are not only extremely well.skilled but they. usually prepare twice as much as the men because.they feel they have something to overcome, but don't believe it - they make very fine members of our profession. So you young ladies - stay with it. 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) AMERICAN CANCER SOCIETY of LOS ANGELES COUNTY b) LEAGUE OF CALIFORNIA CITIES • C) CEDU FOUNDATION, INC., d) DEPT. OF PUBLIC HEALTH BUR. OF SANITARY ENGR., Notice of Intention submitted for purpose of obtaining a permit to conduct annual appeal for.funds during month of April-, 1973. (Approved inprior years, recommend approval) Announcement of Planning Law and Administration Workshop, Thursday, March 1, 1973. (Informational) Requests permission to solicit funds between March 1, 1973 and January 1, 1974, for non-profit, tax exempt drug rehabilitation center. (Approved in 1972, recommend approval) Re Water Quality Monitoring, System No. 19-014. (Refer to Staff) - 3 - CITY COUNCIL CONSENT CALENDAR - Cont'd. e) GRAPHIC ART GALLERIES, LTD., • f) YOUNG WORLD DEVELOPMENT 2. PLANNING COMMISSION a) SUMMARY OF ACTION b) RATIFY PLANNING COMMISSION RESOLUTION NO. 2457 c) RATIFY PLANNING COMMISSION RESOLUTION NO. 2467 • 3. PERSONNEL BOARD a) JANUARY 2, 1973 b) ACTION ITEMS 4. HUMAN RELATIONS COMMISSION SUMMARY OF ACTION 5. YOUTH ADVISORY COMMISSION SUMMARY OF ACTION 6. CITY TREASURER'S REPORT 7. PARADE PERMIT APPLICATION FREEDOM FROM HUNGER FOUNDA- TION: YOUNG WORLD DEVELOPMENT . 8. TRAFFIC COMMITTEE MINUTES Page Four 2/26/73. Requests permission to hold art auction at the Broadway Dept. Store, March 15, 16 : and 17, 1973. ( Also would,request at this time approval for further art auctions during year) '(Staff recommends approval) American Freedom from Hunger Founda- tion re Walk for Development and request to use Civic Center and parks. (Refers to CC-7 - Parade Permit Application) February 21, 1973 meeting. (Receive and file) Establishing permanent review on all Multiple Family Zoning upon expira- tion of precise plan. (Planning Commission approved January 17, 1973) (Staff recommends ratification) Re Hillside Modification request, D. Knutsen, 1336 Sandy Hill Drive. (Planning Commission approved February 21, 1973) (Staff recommends ratification) Minutes. (Receive and file) of February 20, 1973 adjourned meeting. (Refer to General Agenda Item No. C-1) February 22, 1973, meeting. (Receive and file) February .20, 1973 meeting. (Receive and file) Month of January, 1973. (Receive and file) Requests permission to conduct "Walk for Development" on March 3, 1973. (Recommend approval, subject to staff requirements) February 20, 1973. (Receive and file) Motion by Councilman Nichols that City Council approve Consent Calendar Items. Seconded by Councilman Lloyd. Councilman Lloyd: Mr. Mayor, a question regarding the Planning Commission Item 2-b. Mr. Wakefield, does this in any way abrogate or change the responsibilities of the Council? Mr. Wakefield: No sir, what this envisions is that if the Precise Plan that is approved - 4 - CITY COUNCIL Page Five CONSENT CALENDAR - Contd. 2/26/73 for a particular development in connection with a change -of zone application to a multiple family zone that upon the expiration of that precise plan the Planning Commission will review the appropriateness of the zone change and if.circumstances warrant it might initiate proceedings to change the zone on.the property. But,.like any other change of zone proceeding it would.come before the City Council in due course. Mayor Young: This is an area that was brought up by this Council about a year and a half ago over in the Galster Park area and I am very glad to see us now getting into a program like this. Councilman Shearer: The Traffic Committee minutes, Item 8-(5) within the Committee report, the recommenda- tion regarding certain site problems on the frontage road. In the recommendation section on Page 8 the specific recommendation is that a "cul-de-sac be constructed." I think in view of the fact this is not a budgeted item and the fact there is also a question as to the desirability of such long cul-de-sacs from the safety standpoint, as well as I don't believe there is any indication in the report that any contact was made with the citizens living on that street regarding their feelings, it would be my recommendation and I am not sure how to handle this, whether we refer it back to the Committee or approve the report with the understanding this is not a commitment on the part of the Council to agree or authorize con- struction of a cul-de-sac. I think it needs a little more study in the area of the items that I mentioned. I am not saying it is a good idea to build a cul-de-sac or that it is not, it may very well be, • but since it does require funding and other questions need to be answered I bring it up as to how do we handle it? Mr. Aiassa: It can be handled by accepting all items except #5 and refer it back to the Traffic Committee for further findings and report back to Council at the next meeting. Councilman Chappell: I have a question on that. We were asked to receive and file, and we are not accepting or anything else. If this is done it would have to come through the normal channels and hearings held, etc. Mayor Young: I was under the impression that "receive and file" on certain of these items we decided was tantamount to acceptance and approval of those items as recommended on the Consent Calendar. In other words I wouldn't personally expect to see this again and I would expect all this to be carried out unless it was called up and withheld. Councilman Shearer: 'It has always been my understanding with regard to the Traffic Committee minutes that when we said "okay", whether it is a "no Parking" sign or a "stop sign" or whatever, that staff went • ahead on that . Councilman Nichols: Mr. Mayor, this matter has come up before and all of you are correct in your re- collections and as I recall I had raised the point in the past that when Council takes an action to "receive and file" that it is not necessarily giving approval to the actions of the various agencies, but in practice this has been in fact so, because there have been implementations that have followed this action on the Council. I have always felt that Council should indi- cate by its action that it "accepts and files" or that it "receives - 5 - CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Six 2/26/73 I] • and files" where there is something that might involve a question that would prejudice the entire recommendation. I think this is in fact a cloudy area that we have never thoroughly resolved in terms of our actions and.we have those two terms "accept and file" and "receive -And file ":;_and'`at•:=:times we -have ".received and filed" and accepted certain items of the ..report and other..times we have. "received and filed" and accepted in totality. Personally I would like to see the term used to convey exactly what it is supposed to convey, that we are accepting and filing these recommendations, because I think "receive and file" is misleading and action is pre- dicated on that that is not technically correct. So perhaps we can solve this problem by simply changing the wording of our own action that we in fact "accept and file minutes" and that which we "except" from the acceptation would be a matter of record and perhaps that will remove this kind of confusion we have been facing. I would like to offer a motion that from now on the minutes and reports come to the Council with the recommendation that the Council "Accept and file" and we. take action based upon that recommendation. Seconded by Councilman Shearer. Mayor Young: I think procedurally we are in a slight jam but we can work it through. I will call for a vote on the motion just made by Councilman Nichols. Motion carried. Councilman Shearer: Mr. Mayor, I would request then that Item 5 of the Traffic Committee minutes be referred back to the Traffic Committee for further study and specific recommendation with regard to the cul-de- saccing and that we accept and file ..thee balance:•.of ::the minutes. Seconded by Councilman Nichols and carried. Councilman Lloyd: Item 4 , an informational report on radar speed traffic legislation. I really don't understand what you are trying to say. You are saying in essence while most of the City is zoned for 25 miles per hour we really can't zone for 25 miles per hour and I am now referring back to the very hard stand the Council has taken on the traffic situation.on Virginia Avenue. Will you illuminate for me what this really means? Mr. Zimmerman: I think in part it is a legal matter, but what is referred to by the Traffic Committee is that unless a traffic study substantiates the fact that the speed limit is required it can't be supported.in court. In other words it needs the Traffic Committee's recommendation to the Council. Councilman Lloyd: What you are saying to me is that the Council can't make that decision - is that correct? Mr. Zimmerman: Perhaps Mr. Wakefield could speak to this but .I ':reallythink it is a question about how well this will stand up in court. Councilman Lloyd: The question was - is it --the Council's right to make the determination of what the speed limit shall be? Mr. Wakefield, will you speak to that question? CITY COUNCIL Page Seven CONSENT CALENDAR - Cont'd. 2/26/73 Mr. Wakefield: I haven't seen this particular report; however the legislature did consider in the past and the Governor signed the bill that to establish speed limits below those.provided for in State • law ,must be supported :or justified _by :a traffic..survey conducted within the last five years if radar enforcement is used. This means you would continue'to follow the practice you have in the past, you would get a recommendation from the Traffic Committee based on its survey and you would act accordingly. Councilman Lloyd: In some of these cases it has been the opinion of the Council that the Traffic Committee has not given in its recommenda- tion the consideration that ought to be given in response to the citizens of this community. I cite, for instance, Virginia Avenue where they have repeatedly given a higher traffic speed and this Council in its wisdom has decided that the citizens of that area who have asked that it not be raised above 25 miles an hour, so Council has not raised it and according to what I am now hearing that is an illegal act. It also tells me that a Committee which is not responsive in anyway to constituency is beginning to legislate. Is that incorrect? Mr. Wakefield: I am sorry, perhaps I didn't state the matter clearly. As to existing speed limits heretofore established by the City Council that are reduced speed limits those are entitled to be con- tinued; however, if you change the existing speed limit upon a street you have two choices. Either you follow the recommendation of the Traffic Committee in which event the speed limit established.may be enforced through the use of radar or if you do not follow that recommendation you may still establish the speed limit, however, technically the Police Department may not use radar equipment.'in enforcing the speed limit on that particular street. Councilman Lloyd: Gentlemen,.I.am particularly interested in this thing on Virginia Avenue where the homeowners have come to us and asked that we not raise and the Traffic -Committee has repeatedly asked us to raise it.for good reasons, their.reasons.are reasonable except to some mother with a child knowing.that traffic is being held to a certain speed limit in which she feels safer. In view of the fact that nbt all of this area has sidewalks I have tended to -go along if some mother is happier knowing the traffic speed limit is reduced and I think there is logic in that. Yet what I read in here indicates that all the things we have done may not be acceptable in the courts. Yet I think really what we -must do on this thing - Mr. Wakefield - if I am correct, wouldn't it be more advisable to turn this over to you for clarification? Mr. . Wakefield: . I will be glad to review it. Councilman Lloyd: Is that reasonable, Mr. Mayor? Mayor Young: It is entirely reasonable. I see the • recommendation in itself is not an action type thing. It does not require any imme- diate action at this time. I had intended to comment on this same item because of my concern somewhat similar to yours. Here we sit with this very fine equipment and our whole intent and I know this is our intent and that this Council is very intensive about that intent and that is to have a safe City and to minimize these chases through town that Councilman Shearer has commented on at times, aoout police cars roaring through with a red light and siren and somebody getting hurt or killed and the radar equipment eliminates so much of that and I greatly resent the interference of the State Legislature - I don't resent it particuarly on the freeway or maybe on Azusa Avenue - 7 - CITY COUNCIL Page Eight CONSENT CALENDAR - Cont'd. 2/26/73 or some street like that, but I sorely resent it on streets like_ Virginia and Lark Ellen, streets like that that are concerned...,.-, ;with local traffic. These are local matters and if our citizens • feel we -are enforcing -the State law.oppressively our citizens will take care of that. '::They will come down here and take care of it and if they don't come „down"here they will take care of it at the ballot box and we know that, so why in the world the Legislature has'to impose itself in those areas is more than I can understand. Councilman Shearer: Mr. Mayor - I trust that none of the comments made tha t there was no inference made.that the Traffic Committee should alter their recommendations so that it pleases the Council. Councilman Lloyd: Oh nol I am sorry if I gave you that impression. Councilman Shearer: My position is any time we have a professional committee or technical committee, whether it be Planning, Engineering or what, they should come forward with recommendations based on the expertise they have and then if we want to interject some mercy or justice or politics then it becomes our job to do it, not to expect the Police Department or the Traffic Committee to say "well that ought to be 25" when the facts don't back it up. We have done that recently on Orange Avenue when all the statistics, etc., said 35 and we held it to 25. This is an area pending a report back from the City Attorney that perhaps correspondence with our Legislators might be appropriate to see if something can be done. What this amounts to as I read it is • eliminating giving any kind of a speed traffic ticket on a short street. I think I see the Deputy Chief nodding his head over there. The street that I live on would be an open raceway if you can get your car up that fast in a short distance because it is too short to clock and we have many streets in this City that are too short to clock legally in order to get a conviction. So someone could use the street I live on for a raceway and some cars can get up pretty fast in about an eighth of a. mile. I th'ink.'.it:'.is a very very gross, for whatever reason, intrusion, moreso than we.have seen in the past in some other areas. -I would suggest if the City.Attorney agrees that this is the intent of the law that we make contact with our Legislators and see if .they can't reverse it. Councilman Chappell: Can we have an estimated time that the City Attorney will bring.back his recommendations as to how.we can contact our Legislators on this and point out just what this is doing to certain sections of our City where we cannot measure the speed of the vehicles. Mr. Wakefield: Mr. Mayor and members of Council, for my part I will be glad to have the report with respect to the legislation back to you at your next regular meeting. If you desire some recommendations or comments with respect to the enforcement of our existing require- ments that might take an additional time. Councilman Nichols: Mr. Mayor - perhaps I misunderstood the discussion and the law as I read it, but wasn't the law totally involved in the Council's role relative to the Traffic Committee? That is I don't see anything unless I misread it, that says the City can't put a radar limit on Alaska Street or any other street in the City. What it says is if the Traffic Committee does not recommend that change that it cannot be changed from the existing limit. It does not say that a Committee cannot do that. So I think the issue we are con- cerned with really is should the Council have the right to overrule a Traffic Committee recommendation and establish a speed limit con- CITY COUNCIL Page Nine CONSENT CALENDAR - Cont'd. 2/26/73 trary to that on any street, not the issue that a.City per se does not have the right to do that. Did I misunderstand that? Councilman Chappell: As I.read this it says we have only a • few streets that we can enforce radar on and it will take two years of existing manpower to make these necessary studies and we don't have the man- power to do it. Councilman Nichols: Now either Mr. Wakefield has misstated.it or I misunderstood him or we are not getting it across clearly to the Council. Mr. Wakefield, will you reiterate it? Did you state that the existing laws as they stand today can be enforced by radar? Mr. Wakefield: Mr. Mayor and members of Council, it is my impression of the legislation that it does not relate to existing established speed limits on existing city streets, it relates to the changes in those speed limits and the establishment of reduced speed limits in the future and it requires that the present limits as established in the future or reduced be based upon the recommendations of a traffic survey made within the last five years. Councilman Lloyd: Mr. Mayor and fellow members of Council, I think the issue at hand here. is reasonably clear, that is that there is a challenge to the authority or an erosion to the authority of this legislative body. I don't know that that is so, that is why I asked Mr..Wakefield • to look into it and report back, and in line with Councilman Shearer's comment, I wasn't questioning the ability of the Traffic Committee or any one serving on Staff, what I am really saying is that there are matters in the area of the legislative process which go beyond the recommendations of the professional and that is exactly what we are talking about on Virginia, California, Lark Ellen, and yet the way I read this and maybe I am wrong along with Councilman .Chappell, these streets are eliminated altogether and if someone wishes..to go a reasonable amount, 37. miles per. hour on Virginia that he. can do so with a certain amount of immunity and in the courts plea.that this street is improperly signed for radar.. That is the.way..I.interpret the thing and that is why I questioned it in the first place. I think it is hazy, I think..it is vague and I think the real issue here is itchallenges the authority of this body and if that..is.the case then I am very much with Councilman Shearer, not.about the Traffic Committee, I am not going to take them on, but go back to the Legislature and say - why do you erode the authority that exists in this local community wherein I know what the problems are on.. Lark Ellen or Virginia or some other street because I live here and you who sit up in Sacramento haven't the slightest idea of the problems of traffic on Virginia, Lark Ellen or Orange. That is really what the whole issue is about. Councilman Nichols: I think we meed a prayerful review by our City Attorney. • Mayor Young: I agree. The way I read this .thing'.is that if I get a ticket all I have to do is come into court and say was there an engineering study made within the last five years immediately prior to my getting this ticket? So we will get a report back from Mr. 'Wakefield. I had one other thing on Item I-d which is referred to Staff on the Water Monitoring System. I would be most interested in this - Mr. Aiassa - when this comes back.,in our inhouse capabilities as far as keeping our water quality up and since we have a crime lab maybe we can expand it and make it a water lab too. Is there anything further gentlemen? LJ • CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Ten 2/26/73 Councilman Nichols: Yes, if you are leading to the balance of the Consent Calendar. I would like to request that the summary of action of the February 22nd meeting of the Human Relations Commission be held over for*acceptance,and filing until.the next,Council personnel session and in conjunction with that I would request that this.be discussed. Mayor Young: Item 4-a will be withdrawn from the Consent Calendar. May we have a new motion at this point? We had a motion to approve the Consent Calendar and then we had certain modifications. . Mr. Wakefield: Mr. Mayor, I think the motion would be to approve the Consent Calendar with the exception of Item 4 which is to be continued until your next regular session and Item 5 of the Traffic Committee meeting minutes which has been withdrawn and the balance of the Traffic Committee meeting minutes can be accepted and filed. So moved by Councilman Shearer and carried. AYES: Shearer, Nichols, Lloyd, NOES: None ABSENT: None Councilman Shearer: with two glasses for unsanitary and it has GENERAL AGENDA ITEMS AWARD OF BIDS by Councilman Nichols, seconded on roll call vote as follows: Chappell, Young Mr. Mayor, while it is fresh in my mind may I make a joint request on the part of Mr. Nichols .and .myself that we be provided water instead of one. This is a little been that way for about four meetings. BID NO. 73-60 LOCATION: City Hall and other City Buildings. LEASING OF TELEPHONE Bids were received in the Office of the Pur- EQUIPMENT chasing Agent up to 10:00 A.M., Wednesday, January -17, 1973, and thereafter publicly opened and read. (Held over from February 13 1973) Review Communication Director's report and approve contract. Mayor Young: Gentlemen, we have a request from the General Telephone Company asking that this matter be deferred briefly to.give the Telephone'Company an opportunity to get in on the action. I will de- clare the floor open on this item. Councilman Shearer: reason but it accomplishes • wants to make contact with recommending that this be sharing of the cost? Mr. Aiassa: If:...I,: read the Staff recommendation correctly although a week old, it reads they are recommending deferral for another the same thing and if General Telephone us it would be in order. Are you still deferred until you get action on the Yes. Councilman Lloyd: I certainly think then we should give this consideration which in no way infers that the recommendation of the Staff is one which will be set aside. I think they did a good job on their presentation but I would like to see everyone get an opportunity. - 10 - CITY COUNCIL Page Eleven Award of Bids: Bid No. 73-60 2/26/73 Mayor Young: There is a request by General Telephone asking to make a presentation to City Council either in Santa Monica or here. I would respond only briefly personally saying that in -the interest • of the time problem and the fact that I don't think there is any way that General Telephone or ITT will ever.make an expert out of me in communications that I would prefer to rely on the expertise of Staff rather than seek to become an expert. This request is before us, I don't know how you would like to handle it. Councilman Chappell: I think that they gave us the option of either going to Santa Monica or having the report made here. Mr. Jacobucci is in the audience, may I ask how long the report would take if he presented it here at.City Hall - perhaps we could come a little early next time. This is a big expenditure and I think they are entitled to give us their viewpoint.on this. -It will either verify Staff's request and recommendations or perhaps will allow us to delve deeper into the subject. So with your permission Mr. Jacobucci could tell us.how long it would take for their presentation. Mr. Jacobucci: We have a Tele-Communications Center in General Telephone Co., Santa Monica which we are geared up to make presentations of this nature. However, we could bring the presentation out here but it is not as effective. It only takes an hour. Our.concern is that there are certain things to be considered very seriously because in reading in the newspaper this very possibly could be a profitable venture for the City and if certain problem areas aren't looked into it could be a very costly thing for the City. There are things that we might call. to your attention that could be problem areas. So we could at your convenience, whether it be day or night, put the presentation on in Santa Monica or bring the equipment out here and put it on prior to a City Council meeting or any time at your con- venience. I Councilman Lloyd: I guess each of us.is to say whether we go to Santa Monica or not.. If it will help in the interest of fairness and all the rest of it and that is your pleasure, I think I have no alternative but to say I will at my convenience be at your pleasure and go to Santa Monica if that is where you feel you can best do .it. Councilman Shearer: As Mayor Young said, .I am not an expert in telephone communications. I can pretty well manipulate this motion and that is about as far as I go in understanding the intricacies of telephone and other means of communication. I will of course observe the demonstration but I am mote.i.interested.-'.in :things of the financial nature than the technicalities of which system is better, equal to or less than the other system, that is what we have our Communications Director for to make recommendations in that regard. However, I will observe the demonstration providing along with it are facts and figures of what it will cost us and the advantages • and disadvantages of your system over your competitors. I would like to add if I may at this time to Staff, in the correspondence received the statement was made "proposals were solicited of various companies" is that correct? Mr. Eliot: Yes, that is correct. Councilman Shearer: Did General Telephone Company submit proposal or were they even advised? The thing that concerns me is if they bypassed and didn't have an opportunity to get their two cents their hundred and fifty thousand dollars or whatever the value a were in or of it, CITY COUNCIL Page Twelve Award of Bids: Bid No. 73-60 2/26/73 this bothers me. If this were not the case•`= --then ;:I .th nk-Ave":should make it known here that no:company, particularly the Telephone Company, was bypassed and excluded from submitting and bidding at the time the proposals were -solicited. Can someone.answer that? Mr. Eliot: The Telephone Company cannot charge a different rate then they were,chargingrus yesterday unless .it were approved by PUC, if I am not mistaken. Mr. Jacobucci, would you correct me if I am incorrect? Therefore there was no proposal because we were not looking for a better system, we were looking for a system that would cost us less money. So there was no solicitation made from .General Telephone to provide another system than the one they.were furnishing us presently. We have subsequently attended the Santa Monica office of General Telephone where they did make a presenta- tion to us, a similar one I suppose to the one you are invited to tonight, also they gave us a list of people who had some experience with using interconnecting systems and we have contacted those people and have those things in our files. We are not ready for it tonight because we were not aware that Mr. Jacobucci would be here or that the issue would come up tonight. We thought it would be postponed for two weeks. We do.have the reports ready for you. We have also received a proposal from General Telephone for upgrading our system which is not the thing we are looking for. We were looking for maintaining our system at an acceptable level at less cost.. I think that may answer your question. Councilman.5hearer: Yes, it answers my question. Councilman Lloyd: Mr,. -Eliot, who went to the presentation? • Mr. Eliot: 'The Communications Director and myself. Mr. Jacobucci: Mr. Mayor, may I make a comment? Councilman Shearer our intent to take you to our Tele-communications center is not to talk in technical terms of what the equipment will do. We have a list of quite a few things the City Council.should be concerned with, one of them being the maintenance of.equipment, the type of charges that will be charged to .you if you -.do have a maintenance contract and does it cover parts and labor and various things that I feel you people as Councilmen would be concerned with. These are the items that .we would be discussing and in addition if.the time permits we do have a showroom of the latest type of electronic switching equipment but that is not the purpose. The purpose is to pose certain questions in your mind and make sure they are answered before the City goes into such a serious endeavor as purchasing your own equipment. Mayor Young: I personally still come down to the point that I am concerned and.I realize you are not going to try and make a communications expert out of me, but perhaps I am.selfishly concerned to some degree with my time, which all of us have that problem. The City obviously does a great deal of purchasing in many different areas. • that this Council is called upon to approve and we certainly don't become experts in these areas or see presentations or we would be on the go all the time doing that and this job doesn't pay that well. So Number 1, we have to go on making a.living independently, and Number 2, we rely very heavily upon what we feel is a very highly qualified Staff, and I personally do have every confidence in our .Staff our Communications Director, our City Manager and the people that are directly concerned with this problem every day on a working day basis. Theirs' is the recommendation that I will rely on, because I want to buy everything I see. I am the easiest guy in the world to sell especially since I don't know much about it. I get out of my area and I like verything. That is the only thought I had; I - 12 - • • • CITY COUNCIL Page Thirteen AWARD OF BIDS: Bid No. 73-60 .•2/26/73 I would say perhaps if a meeting could be scheduled.and all:of us notified those of us.that.could attend will do .so, but I would rely very heavily on.the members of Staff and their recommendations and I would assume justifiably that they have thoroughly looked.into everything that, is *currently available and feasible.. for...our. purpose. That is the way -I feel about it. X Councilman Nichols: Mr. Mayor, a question. Are there elements ' that you people have and desire to present to the Council that have.not been presented to the technical professionals from City Staff? Mr. Jacobucci: No,.I.don't.believe so. However, I, have not seen a copy of the proposal presented to the City so therefore I cannot make any judgment upon the type of requirements, etc., you have. Councilman Nichols: I understand that but in terms.of what your Company has to offer to the City ;..would there be something you are desirous of presenting to the City Council that you have not had the opportunity to present to Staff? Mr. Jacobucci: No, there is not. Councilman Nichols: Then in fact your proposal essentially asks the Council to weigh on a personal basis of observation and presentation the same elements weighed by our own Staff members and recommended to Council? Mr. Jacobucci: That is correct. Councilman Nichols: I wouldn't at all presume to weigh with intelligence any body of information or any visual impact that would cause me to say that from what I have. seen in a visual presentation would cause me to override a Staff recommendation. They may be wrong, but I couldn't tell you that they were and after I have been somewhere I couldn't tell you that. I might be duly impressed and perhaps slightly brainwashed but I couldn't overrule their recommendation. So if in good conscience the presentation here.asks me to see those elements which have been seen by Staff and to reweigh a Staff recommendation I don't choose to do that I don't really think. I would prefer to operate on the assumption that our competent people that we have hired to work and look into these systems and areas have weighed all aspects and probably .all of this was not available to you and probably shouldn't be in some instances, but I would be inclined to accept those. I wouldn't see that it would be a profitable experience for me to attempt to become a technologist and see if I would overrule a Staff recommendation. So I then think it would be beneficial in terms of time, effort and decision making for me not .to go. So I would tend.to accept the Staff recommendation as it stands. Mayor Young: Or as it is ultimately presented, since it is being put over at this time. Councilman Nichols: Yes, the material that has been presented and the recommendation received and I haven't heard or seen anything this evening that would compel me to feel that we'should investigate further on our own as a -legislative matter. Mayor Young: As a practical matter this is being put over two weeks and you still have every avenue open to Staff and I trust you also - 13 - • C CITY COUNCIL AWARD OF BIDS: Bid No. 73-60 Page Fourteen 2/26/73 have avenues open to all of us on.Council in terms of the .invitation you have very generously made and in.terms of making that a specific time and place, .and..think .then" 'if. we are all notified we can act on it individuallyot .;:. w. .� . Councilman Chappell Mr.. Mayor,. I think we should all express ourselves_at.this .time. I stated earlier that.I think this is a big venture we are going into and I think we owe it to the community to look into this thing,not to make sure that our Staff is right or wrong but we could ask questions that are perhaps not answered in the Staff presentation. I think in a situation like this - well I can't go to Santa Monica but I am willing to sit.here from 6:30 P.M. to 7:30 P.M. before a Council meeting and listen -to their presentation and with the . Staff here perhaps we could discuss it as we went along. The Telephone Company knowing the answers might come up and say "this is the way for us to go". They are still going to be providing X number of dollars service after this .is over with, they will not be eliminated but they might also point out some questions to Staff that should be looked into so we don't overlook something that in three, four or.five years later comes up with a real juicy forty to fifty thousand dollar cost that we didn't think about and now incur and where do we get the money to pay for it? That is what I feel and I find no fault in letting them look at the proposal presented to us. Once the bids are open it is public information. Maybe I am wrong and we should ask Mr. Wakefield, but from where I sit I think we should have all the facts and if the facts come out the right way I am willing to vote for ITT or for the Telephone Company, depending on what the answers are. Councilman Shearer: I can't find fault with anything that has been said. If there is any question in any one's mind we should.get them definitely resolved before we vote $1.00 much.less.$139,000 for something of this nature. I will reiterate that I am perfectly willing to attend a meeting that General Telephone sets up, I would prefer to have it locally rather than in Santa Monica. I will be glad to listen to what they have to say. Mayor Young: meeting to that date and those circumstances and Councilman Nichols: Councilman Shearer: Mr. Wakefield: If we are going to have a presentation immediately prior to a Council meeting I think we would want to adjourn this time. I am sure I would be here under at least three of us would be present. gather in Santa Monica or reviewing a presentation The Brown Act simply says commitment with reference reference to action to be Councilman Shearer: If you adjourn this meeting to a definite date youare mandating the attendance of all the Councilmen. If you don't do it that way then can three of us attend - Mr. Wakefield? It.depends entirely on whether it is or is not a meeting of the City Council. The fact that three or more members may any other place for the purpose of to be made does not make it a meeting. you shall take no action or make a to an action.or make any commitment with taken, at such a gathering. So, a'.give.'.or take, question .and .answer period'.with .•three or.more present would not make it a legal meeting. Mr. Wakefield: That is correct. 14 CITY COUNCIL Page Fifteen AWARD OF BIDS: Bid No. 73-60 2/26/73 Councilman Shearer: I would then prefer to concur with Council- man Nicholssuggestion, set up 'a meeting and notify us and those that can come - come, and those that can't - stay home. • Mayor Young. With those thoughts in mind, Mr. Jacobucci, perhaps you could arrange *aitth Mr. Aiassa to have a.presentation here and we will be notified and will.attend,accord- ing to our individual wishes in the matter. Councilman Shearer: Do we need a motion with regard to the re commendation to defer this to a specific time since it is on the agenda?. .. Mr. Aiassa: Yes, postponed to the next meeting - March .12, 1973, and I think we should have an answer by then. So moved by Councilman Shearer, seconded by Councilman Chappell and carried. BID NO. 73-62 Bids received in the Office of the Purchas- ANNUAL TIRE REQUIRE- ing Agent up to.10:00 A.M., Wednesday, MENTS - POLICE January 31, .1973, and thereafter publicly PATROL VEHICLES opened and read. (Held over from February 13, 1973, meeting.) Mayor Young: We are asked to review the Controller's report and approve rejection of all.bids and • authorize purchase on the open market. Is there discussion?.. Councilman Lloyd: Yes, I don't understand why we ask'for a bid, get a.bid and throw it out and go to .the open market. I realize we can.do what we want to do, I guess_.we.can, but we ask these people to put it on the line so why are.we walking away from it? Mr. Eliot: I believe the. notice that was enclosed with the.Council mail stated that after we re- ceived all bids we compared with the bids received by the County of Los Angeles and .their bids were better than ours and the tire was acceptable to our Police Department. Therefore, we decided the Fire- stone 500 tire would be acceptable to us and therefore looked further afield and the dealer awarded the bid by the County was outside of the City of West Covina and following previous comments of Council that they preferred to deal locally, we.searched further.for a local dealer and that is the one in Covina. Councilman Lloyd: I am more than satisfied with that explana- tion and I would say that maybe.this is one time we really save money -by dealing locally - we go from $27.+ to $19.40, so it shows the people on our Administrative Staff really do work to save pennies. Councilman Chappell: And this is a better tire, Councilman . Lloyd. It is slightly different. Motion by Councilman Lloyd that Council reject all bids submitted under Bid No. 7362 and approve instead an agreement with Firestone Tire & Rubber Company of Covina to provide Firestone Super 500H7815 tires for our Police vehicles at a unit cost of $19.40 and mounting services at no charge. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None ORAL COMMUNICATIONS None. (RECESS CALLED AT 8:40 P.M...COUNCIL RECONVENED AT 8:55 P.M.) - 15 - • E CITY COUNCIL Page Sixteen 2/26/73 PERSONNEL BOARD APPROVAL OF SECRETARY. .I Mayor Young: We have a recommendation and SECRETARY..II CLASS from the Personnel Board SPECIFICATIONS along.with.the request that we direct the City Attorney to prepare a resolution amending the Resolution No. 1277. Councilman Shearer: A question, Mr. Mayor. In reading over the minutes of the Personnel Board there was quite an extensive discussion on the job specification. Quite a bit of discussion was held with regard to a term that I would call an "automatic promotion". Is it within the City's personnel rules that allow promotion from one class to another without competitive examination? Mr. Wakefield: Councilman Shearer, there is no such pro- vision. The.way the matter works out in practice is that at budget time a certain number of positions will be provided for in the various departments of the City. The individuals may be in effect promoted to those positions if they are at a higher level and they are holding a lower level position and have qualified for the position by examination. Councilman Shearer: Mr. Wakefield: Did you tell me "no" or "yes"? Can you be promoted from one class to another without an examination? The answer is "no". Councilman Shearer: Then this whole Secretary I and Secretary II, unless I read it wrong, makes no sense because I read in .it and I guess it was an attempt to pacify the Employee groups, but referring to the class specification of Secretary I under note it reads: "Secretary I may be promoted to Secretary II level on the recommendation of the Department Head after satisfactory".completion of one year at the I level and demonstrating an ability to perform at the skill level of Secretary II.". Now I fail to see where that constitutes an examination. If it does - well I have been wrong before. Mr. Wakefield: Councilman_ Shearer., I think what you have reference to is not.in effect the promotion but simply a basic qualification for advancement to the next level of position. As the rules provide and the job spec for the position provides that a person may be moved from Secretary I to Secretary II, it is the same sort of thing that happens when we advance an individual from one step on the salary schedule to the next step. Councilman Shearer: I don't want to be argumentative Mr: Wakefield, but I don't see it that way. We have Maintenance Man I, II and III classifications in the City. How does a man go from a to a II - by recommendation of his superior or does he take a competitive examination? Mr. Wakefield: He takes a competitive examination. Councilman Shearer: What is the difference between a Maintenance Man I and II and a Secretary I and I I ? Mr. Wakefield: There is no difference except in one case the class spec provides for an automatic advancement to the next level and you might provide the same for Maintenance Man I, II and III. - 16 - a L� • CITY COUNCIL PERS. BD.: Secretary I and II Page Seventeen 2/26/73 Councilman Shearer: _' But you just told me that you can't promote .from one class to another without a competitive examination that would seem to ,pre clude.�our writing.,specifications that would . allow it.. That was my first question. Does. the basic :rule .and regulations regarding personnel _in the City of -.West Covina allow a promotion from one class to another without an examination and the.answer to that question was "no they don't allow it." So if they don't allow it how can we write into a class spec that it is allowed? Is Secretary I a distinct level? Is Secretary II a distinct level in the same context as Maintenance Man I, II? Mr. Wakefield: Councilman Shearer: The answer to that would be "no". Then what are we trying to do? I am confused. Mr. Aiassa: Councilman Shearer, can I have Mr. Duvall explain. Mr. Duvall: Mr. Mayor and members of Council, this is a training interim position between that of Clerk -Steno and the existing Secretary position. At the request of the Employee Association we have added that they must serve a period of one year prior to'being eligible to promoting to Secretary II. This they felt would hopefully preclude someone from forever being a Secretary I. There was some belief on their part that Staff would be reluctant to promote any one to the Secretary II level if this would save 5% on their salary schedule. Councilman Shearer: I recognize the concerns of the:Employee. Association and if I .were.an employee, particularly a secretary, I would bear those concerns. However, I have other concerns that may or may not be the same. You used the -term "promote" in your statement just now which goes back to the basic question. Is it.a promotion to go from Secretary I to .Secretary II? Mr. Duvall: There would be an examination to determine if in fact the individual did have the skill required for Secretary II. Councilman Shearer: Is it a competitive examination? Mr. Duvall: No, just an examination to determine if she had yet achieved that skill level. There is nothing in this requirement that precludes us from appointing someone at Level II. However, it gives us the prerogative to do this.. Councilman Shearer: Maybe I have been in Civil Service too long and maybe.that is why I ask the question. I am familiar with the State rules and regulations that state every examination must be a competitive examination and every one eligible must be allowed to take the examination whether it be open or promotional. I have no quarrel with the interjection of Secretary I and Secretary II levels, I am concerned whether or not it is consistent with the basic rules and regulations of the City of West Covina. Perhaps I shouldn't be asking that question because Staff and the Personnel Board has already reviewed it but the City Attorney has stated there is no provision for a promotion without competitive examination and yet I am told this is what it is all about, a promotion. So I am kind of out in left field - I guess. Mr. Duvall: As I understand it, Maintenance Man I. II - 17 - U CITY COUNCIL Page Eighteen g Pers. Bd.: Secretary I and II, 2/26/73 and -III is not a competitive examination.. -,Once having passed the examination for Maintenance Man I you may promote to.II and.III as we have the appropriate classifications upon the recommendation of the Department Head ...In, -.other words .we,.:.have so many 3's, and .2's, and if -tiro a slots,;. are4 not filled -.-.then ,.tthe f-`may,:.be., -promoted on the recommendations of- the- supervisor; .without .--an examination, and this is much the._ same,-thing"This.,-.-is simply'.�two ;levels of the same classification. This is done extensively in the City and County of Los Angeles, where you have three or more levels of one classifica- tion and simply upon the review of the record of that individual he or she may promote to the next higher level of say City Attorney I, II, III and IV, or Administrative Analyst I, II, III and IV, and upon completion of a minimum requirement of one year in the lower level they then automatically promote to II unless their work record is not satisfactory— Councilman.Shearer: There is a.deathly silence from my four colleagues. Councilman Lloyd: No,.I am waiting until you are through. Councilman Shearer: Well I am still confused. I am completely at a loss to accept the fact that we have a system in West Covina, and I plead ignorance I have been on the Council three years, that would allow promotions strictly on the basis of the say of the Department Head and if that is the case then I would like to see that changed, but that is another matter. I will defer to Councilman Lloyd or anyone else. Councilman Lloyd: that include fringe I would point out that in this thing assuming someone would start at the first level salary range of $604 to $734 - does benefits? Mr. Duvall: No, that is base pay. Councilman Lloyd: As I once recall Mr. Eliot told us that our fringe benefits were in excess of 20% - is that correct? Mr. Duvall: Yes. Councilman Lloyd: So we can start out at $604 a month which is $3.25 per hour and then 25% of that brings it roughly up to $4.08 per hour in total salary and benefits. The other level then jumps up to about $5.15 per hour at $734. As I understand it this is being.done in part because of some of my comments in regards to Secretaries at City Hall. Mr. Duvall alluded to the fact that some of the employees do not want just one step but multiple steps because of the very think you were talking about Councilman Shearer, because it is easier to put pressure on the boss who in reality wants to say "no" when in reality it doesn't come directly out of his pocket and he really wants to be a good guy and he wants to recognize that authority. I remember very clearly when I was in a governmental position and I had people working for me it was very difficult to turn around and look someone in the eye who had not done an outstanding job but had done nothing measurably wrong and then say to them when the next recommendation was required for the next step up the ladder "You do qualify but you don't qualify because somewhere along the line you really haven't tried very hard." This is what was being built into this thing and I guess it is essentially the very nature of government and it is essentially what the people on the outside object to in government. rt�� CITY COUNCIL Page Nineteen PERS. BD.: Secretary I and II . 2/26/73 I don't know what the solution is. It certainly isn't Mr..•Duvall's.fault no. more .than it,is mine that all of a sudden Secretaries'are..up in.reality well over.$1,000 at City Hall That;.is _a -lot -, .of money, -and. yet : to say to some. woman . who ' has • given'.. -long .and ,faithful se=vice, ;well:r.it is :very -.difficult; whether it' be' ..Mr. _.Aiass a - and .his ;'secretary'; . or ,.Mr` .Duvall ,`and his .secretary, or Mzr. zi'mmerman and his' -secretary,., -it is' -very difficult: to. look this lady in the eye and say."I am not recommending you.not because you have not done a good job but because that -is too much money." I think we arrive at a point in this thing where the City Council has to begin to exercise one of the prerogatives it does have where it faces the wrath of some of.the voters specifically in City Hall and we say this.is as far as we go. .I think what is proposed here is a very fine proposal, it is well done and well presented. I might .say I work for an organization - NBC.- where they flat out said you want to be a secretary at NBC you get $550. That's it... You don't want to work for that.here go elsewhere. To them one secretary's work was worth $550. not one penny more, that was top of the line. I face another problem - I am like Councilman Chappell and Mayor Young - we pay at the present moment for those secretarial services that we need and a strange thing happens they don't look me in the eye and say "I need Step I and.Step_II" andI am powerless to stand there and say "next year you get a 5%.raise and another 5% raise." I am in,the.area of business where there -have been no raises, not because I am a bad guy but because that is the way it happens to be in my business at the present moment, it doesn't warrant a raise year after year. And of course once'a raise is given at City Hall • the same thing occurs, we must continue that raise and I am really in the areas of philosophy. If the Staff recommends this I know they have gone long and deep.into it and I am begrudgingly going torsay (because I don't believe in what I am doing at the present moment) I think this will cost the taxpayers of .West Covina money, the taxpayers of Covina, Baldwin Park, Walnut, LaPuente, every City around us money, because.every time we kick it up we do the same thing in the areas of fire, police, administrative - and it is a never ending spiral and.unfortunately it is not these people who really pay the taxes on the thing because they live in the governmental area and there is nothing wrong with that. To serve in this arena is very important to all of us and we are grateful but you have to somewhere along the line say "this is where the buck stops. I find $4.00 for a secretary in a hour's time and I am not saying some secretaries are not worth.it, some I know are worth that an more and probably should be Junior Executives - I don'.t know. I also.know there are many people who simply do not bring that much more over the person who works for $2.50 or $3.00 an hour typing or productive work that is required in pounding a typewriter or opening a file drawer. It seems to me I am really picking on the poor secretaries and the answer is I am not, I am picking on the philosophy which provides for this • upward spiral which inevitably goes right back to the taxpayer and takes the money out of the pocket of the little guy that can least afford to pay it. That is the way I feel about it and I am frustrated because I am powerless to do anything. If I say "no" not only am I the bad guy but I know very well this will continue and I don't know how to stop it. I think I have said more than I should have. Councilman Shearer: I was reading the Personnel Rules and Regulations and there is no proposed salary increase in this - as I understand - 19 - CITY COUNCIL Page Twenty Pers. Bd.: Secretary I and II 2/26/73 it the secretaries are now like this and secretary II is up here and the proposal is for Secretary I to be below, so there is no request at this time for an,.increase - is there? • =� Mr. Duvall. No. 'Councilman Shearer:-. While Councilman Lloyd was talking .I looked . through the Personnel Book and I have not come up with anything that would indicate to me the authority for promotions to be based on anything other than examinations and I refer to Rule 6, Promotions: "Any employee having permanent status in the City service shall be eligible to compete on a promotional basis in the promotional examination provided that he Meets the requirements of the class for which the examination is to be held." It.seems to me we may run into a problem here if.we adopt a series which allows the.promotion to be made on the basis of a recommendation of the supervisor and somebody else over here has the necessary time, necessary skills, etc., as spelled out in the class specification and we say "you cannot compete". Unless I get a clarification I cannot vote to approve this based on the question I have. Councilman Chappell: Just one point. To become a Secretary I you have to take a competitive examination. I was at the Personnel Board meeting where they approved the list of candidates that now qualify for Secretary I. The one at the top of the list would then get the next secretarial vacancy all things being equal, then after a year on the job and proving themself, they have already passed the examination, • so for all intents and purposes they could go right into the Secretary II pay structure, which is exactly the same today... No change, period. But this step is put in there for a year probation, a year of proving themselves and at that time they can be moved up to what right today they would normally move into. So what we did was establish a little plateau of a year's more proving themselves before they can get a Secretary II promotion. They already are qualified with that examination. Councilman Shearer: Technically you are incorrect,.Councilman Chappell, because they.qualify to be .a Secretary I: Councilman Chappell: The examination was for Secretary was it not? Mr. Duvall: There is a slight modification in the minimum requirements, 10 words per minute more on transcription and 5 words -more per minute typing for Secretary II. Councilman Lloyd: So they have to take another.test on typing and shorthand? Mr. Duvall: The written test is the same. And the only difference is in those two requirements and • the higher level. we would test them prior to appointment at Councilman Lloyd: What are the levels - again?,''. Mr. Duvall: 100 WPM transcription, 55 WPM typing for Secretary I; 110 WPM transcription, 60 WPM typing for Secretary II. Councilman Nichols: It seems to me we are really dealing in a philosophic issue that cannot be resolved here this evening. On one hand the Staff 20 - CITY COUNCIL Page Twenty-one PERS. BD.: Secretary I and II 2/26/73 has a proposal that involves in their.interpretation the movement of a person within a class. On the other hand we have an interpretation of a Personnel Rule using the. -term Class and applying to.this movement a change of class. So we have: different individuals -interpreting an action recommended as -meaning .two.different.things. _•I don't see how • that will*be resolved tonight. -,-I think -in reality Councilman Shearer has a good point. I think there is.in these kinds of things, whether it be mechanic -I, II and III or a class,.there is a tendency in Civil Service to kind of skip around the historical requirement for competitive examination by subdividing classes and giving some flexibility within the administration to give incentive and promotions without the necessity of examinations and that is really the issue raised here tonight. Whether this is a good trend or not and whether the incentives are or should be or shouldn't be - well I would like to see this matter held over and I would like to see it go back to our Personnel Board with a transcript of the Council discussion, indicating the concern that has been raised on a philosophic basis as to whether in fact this is a good trend that we are moving to, not only here but more broadly in Civil Service, and whether or not there should be some form of competitive examination instituted even within classes where it involves a move from 17A to 1-B or whatever it might be. Once that philosophic argument is resolved then it can be handled administratively very adequately on either basis. Certainly if there are only so many secretarial jobs at a certain level available and when a vacancy comes available it would be as easy to take three or four people theoritically equally qualified and test them out and see who tests ahead of the others and .then say you get it, or it might be as effective for that • supervisor to say ""you are -senior and as good as the other". In any event.it really is a philosophic matter and we haven't had the benefit of a philosophic discussion between the Personnel Board and Staff members as to why this has been evolving. I think perhaps because it is evolving and increasing in the Civil Service, certainly more broadly than here -in West Covina andI can assure you of that, so perhaps it is time we asked our own Personnel Board to look into this matter and talk with Staff and come . back to us. with their thinking. That would.be my own recommendation. Mayor Young: I would go along with this recommendation of Councilman Nichols', especially in light of the direct issue which Councilman Shearer has raised here and which I feel has not really been ade- quately met as of the moment. So perhaps we .can have a motion. Councilman Nichols: I think Mr..Duvall has answered in terms of what the Personnel Board has recommended at this point but I think the Board with Staff has to explore this area a little more in depth and justify to Council any further moves.away from the class to class concept of competitive examination. I would move that the matter be re -referred to the Personnel Board with a verbatim transcript of the Council dis- cussion and a re -consideration by the Personnel Board and another recommendation, perhaps the same one, but another recommendation back to Council. Seconded by Councilman Shearer. Mr. Duvall: Mr. Mayor, may I make a comment? The Personnel Board has considered this matter on three previous occasions when they created Maintenance Man I, II, III, Appretice Fireman and Police Cadet. Currently when they pass an examination for Maintenance Man, Apprentice Fireman or Police Cadet, they have passed the minimum levels required - 21 - CITY,COUNCIL Page Twenty-two PERS. BD.: Secretary I and II 2/26/73 with the exception in Apprentice Fireman and Police Cadet of the age, and after having completed an apprenticeship of at least one year in the entry level class may,if having satisfactorily performed -in the lower.level.position,and.upon the recommendation of their supervisor,promote.,to;the next higher level. Councilman Nichols c - , : Mr. Duvall,: 'let. -me only say .again; recognize-this,'that-there has been pre- cedence and I don't in anyway mean.to imply by my motion that something unique has been recommended by Staff or suddenly run through the Personnel Board. I would . reiterate by saying simply that we have a trend developing that puts more and more civil service categories into hyphenated and section departments that result in the opportunity for administration to make determinations on promotions which evolves benefits and remunerat16n_iand perhaps _it.,inight be a good time to analyze this trend both -as it applies to our City and other civil service jurisdictions, to see.if this is really,in the best interests over the long haul of the civil service system. I don't know if it is or isn't, but I see the same -thing in other agencies of government where the promotional examination is being diminished in its importance by the subsectioning of classifications and the promotions therefore being based on supervisorial recommendation. All I say is perhaps our own people should look at it again and analyze it and philosophize for a little while and if that is.still the recommenda- tion I don't think we will have a revolution over it. Motion carried. Councilman Chappell voting "no". • Mayor Young: Gentlemen, with your indulgence, I see we have quite a bit of agenda left, and I had mentioned to Dick Brammer that we would be discussing this evening in some further depth the reports of the Community Priority Committee, would you object if we took that up at this time so we don't keep Mr. Bonar and Mr. Brammer here through the entire meeting. Councilman Nichols: Well I think that budding politicians would be willing to stay through the entire meeting without any complaint at all. I am all. in favor of whatever you are in favor of - Mr. Mayor. CITIZENS' COMMITTEE Mayor Young: I wasn't here at the last RECOMMENDATIONS RE meeting when these reports COMMUNITY PRIORITIES were presented. Councilman Lloyd: Mr. Mayor, are we also going to consider this report presented by Staff on Revenue Sharing? Mayor Young: Well yes, that obviously is on the agenda so we wouldn't skip it. Would you want to consider that at the same time? Staff • makes certain recommendations as to the consideration of certain funds immediately to balance the budget. This is an item of $42,000 - we might be able to consider them all generally at one time. Councilman Shearer: There is also another report and you may wonder why Staff was so presumptive to commit it. I requested it late last week knowing this item was going to be on the agenda for discussion and possibly some action on the Revenue Sharing Committee Report and I asked Staff to prepare their recommendation so we would have all the input from all sources possible. This was not to say that I didn't - 22 - CITY COUNCIL Page Twenty-three .CITIZENS_ PRIORITY':COMMITTEE 4-1 2/26/73 feel theT recommendations •from your Committee were inadequate .but .I felt sure that Staff.had something 'to -say -and this report -dated today, February .26, .in addition - to ,the recommendation regarding the • balancing of. -the -'budget --to substitute -for the. Business. Licensing was of course requested ..by :me --.and :the ' staff : recommendation if. adopted would preclude-;ever.ything else. - Mayor Young: '.I am: -frankly not prepared to react to the Staff recommendation at this particular .time, that is the report dated February 26th. Councilman Shearer: I am not prepared to react favorably to ..the Staff recommendation either, but I think what I read into this.is an urging by staff that we not go out and obligate all $400,000+ that we have in the bank now for a new fire truck, a multi -purpose building, etc., without giving some .consideration to the other problems we will be facing in the next two or three fiscal years in the basic costs of running the City. I think at my request they wanted to get their 2(,' in before we spent all'the money. Mayor Young: Well that puts us back to the question that is before us periodically,.I don't think it is totally clear as to just how much discretion we have, whether we have an absolutely open discretion as to the expenditure of these funds that is within the general law that govern us or whether we.have to meet.certain requirements in • order to receive the additional increments of the funds over a five year period that this program is enacted for. That is the philosophical thing. We know from general reading of the material we have that the general intent originally of Congress was to provide a convenient means of upgrading the life within a given municipality apart from simply balancing budgets or plowing back into a reserve fund to avoid what would be normal inventory type or other type increments in increases in operation expenses. This is an area I am somewhat confused in. I do feel we have to move forward in all areas of course, strictly to keep pace with the times, keep pace with the cultural developments and what have you and the recommendations that we have before us from .our own Committee from the community, to me. at least seem like a model of conservatism as .to,what they might have recommended and some of the immediate priorities mentioned are certainly things that we should .look into. We have to get into these things sooner or later if we are going to fulfill our responsi- bilities. So I don't know what your pleasure would be at the moment, I would like to see us move forward but like the rest of you I would like to move forward intelligently and perhaps not totally in a conservative fashion. - Councilman Nichols: We are talking about probably one of the most critical items that is going to be before this Council during the current fiscal year, that is the projection of revenue, the essential demands of the City and the recommendations of a very sincere group of • citizens who studied this area and gave a lot of thought and a lot of time to it. There are a lot of threads missing this evening and I really feel this subject,matter is so involved and so demanding of a lot of attention that we really couldn't do justice in detail to it this evening. I would really like to see the Council devote one of our alternate Monday's this next...mbnth to the subject and a review of our budget at this time which is about midyear in the fiscal year and a careful analysis of the cash flow that has come in, where we stand in terms of recommendations made to us, inviting at the same time all of the people on the Committee to be present with us and - get sort of a summary report and have a hair down discussion with the individuals that have served on this Committee and perhaps be in - 23 - CITY COUNCIL Page Twenty-four CITIZENS' PRIORITY COMMITTEE 2/26/73 a position to come to some decisions that are meaningful in the terms of what percentage of these funds,.some, none or all,.that the Council could be prepared to use -in that area. I feel that -if we get in this -kind - his -kind- of -detail •with the . differences of opinion that appear •to be present- hat --we could ,spend ;a great, deal of - time ,and. _,tend to become a bit - impatient` because -of ' the .late hour and other things . facing us and not`"really,give it;': -the attention• it ,should have. So it would be my feeling that-a'.detailed discussion of this be set aside for a separate meeting, not fora long period of time but a short time. Councilman Chappell: We don't even know our sales tax revenue through December yet and I understand these figures will be coming in this week. We don't know whether this $42,000 figure recommendation from Staff is even accurate at the moment. Our sales tax may be off so far that to balance the budget we will have to use far more tax dollars or it may be excellent and will come over our expectations and estimates and we could use very well less of -it to balance the budget.. . We ,.all know we have to balance the budget. We have to .e.ither trim, ..cut . or eliminate or take.some revenue.sharing.money to.balance the budget. When these figures become .available to us this week I think we will be more ready to intelligently look at this subject and I think a meeting other than on a regular city council meeting night will allow: us to delve into this and come up with some decision. The first recommendation on this list that we were given - well if you had asked me before we read this recommendation, I .would have told you.we had that relay station because I remember this thing being reported to us as a bad area and all of a sudden it was solved to the point where my thinking stood, and now I find out it hasn't been. -solved. So somewhere calong.the way something has happened since we had that • original report that this was needed and then that it was entered into on a trial and error type situation, to the point I thought we had no problem over there and didn't need a fire truck. So I think Councilman Nichols' idea of a study session devoted fully.to this revenue sharing.is. certainly in order and should be very.soon and not put off to the distant future. Mayor Young: That.is.the way I feel. a t.is so easy to go ahead and .have studies and then.let them get..buried in the detail or neglected in some fashion or lost in.the budget somewhere, I.think it would be.a great disservice to ourselves or the community to allow this to happen and this is why I am pressing for some prompt consideration. of these things, but not the kind that goes off half cocked, and when I see something before me dated February 26th that I haven't had a chance to read which is of vital concern to this issue I would like to read it and analyze it. Also we have Item H-3 in response to Councilman Shearer's request and a minority report. that I don't -think was available last time, I think my secretary slipped up and didn't give it .to Councilman Lloyd. In any event you have it now. So I am in accord and would like to do it this coming Monday night if that is sufficient time for staff to be ready with the sales tax information and if not then certainly • the very next Monday night that we do not have a regular Council meeting.. Councilman Lloyd: I think with the different opinions pre- sented by Council, reflect the very essence of what we are here for in the democratic process and that is let us not rush into some of these thingg_haste. I too am caught short by the lateness of the presentation by the Controller, on the other hand I appreciate what he is trying to say, but I will not be stampeded in this because all of a sudden we have to balance the budget. We balanced the budget and I was assured by the professionals on our Staff that the budget presented to us would indeed for all intents and purposes meet the require- - 24 - CITY COUNCIL Page Twenty-five CITIZENS' PRIORITY COMMITTEE .2/26/73 ments of this year. Revenue.Sharing was not a part.of that and it was never intended to be apart of that. As a matter of fact what was intended and the philosophy of it was that the Federal Govern- ment was giving additional monies which could be used..to do many • things. The .least. of which is, -in my opinion , and apparently in the opinion of the`.Committee that' we: asked to study, th6. thing- on an objective' aril unbia8ed,_:basis _ and 'they indeed did. that -' -. so . with respect to all that�has been,:doneI-think it is incumbent upon this body to take their -recommendations and go forward,' -'not necessarily as they presented them but in the light of that I think it was well known to Staff that these things were being done and we specifically directed these people to make their report to this Council and they did it and as far as I knew none of these revenue sharing monies were instantaneously available for the running of the City. I think if we depend on revenue sharing to run this City as a function of its income then we would indeed do a disservice to the people who live in this City. I think.we have to make.a decision that meets our income and if any additional monies accrue whether revenue shar- ing or General Funding or State Funding or just a windfall where someone decides to will money to the City, then indeed those monies should be used in special ways for the people of, this City. Whether it is a fire truck - and I happen to think we need one.; whether it is a relay communications center - and I happen to think we need one; or whether it is an auditorium or a special meeting house - and I happen to think we need one. I think those things are meaningful. and I would like to look at these thi:ngs.a little. further too. I think in the philosophy of things that have been said here this evening by this Council reaffirms my faith in the democratic processes and that's what it is all about. • Councilman Nichols: I think however we do have to be aware so as not to contradict any comments . that have been made,that the budget this Council adopted was predicated upon certain assumptions, one of which was that we would in fact raise the Business License fees in the City effective as of January 1 and the additional revenue from that source would be in fact a part of the prediction of income revenue and it was this body that delayed any of this to be effective as of July 1 and that in fact resulted in.a dollar shrinkage of revenue to the City. In addition to that the fall -off of any other kinds of revenue that might occur. It is these kinds of problems that I think we have to consider carefully and in -an evening when we can devote the entire evening to this area, where the budget and the.sales tax income figures, the whole.ramification of this can_be discussed, where are we - what will we have left over how much money is available - and where will we go from here? Invite these fine people in and come up with.some answers. . I would move that unless Staff indicates to Council they cannot manage it effectively, that this meeting tonight be adjourned to next Monday evening for a session totally devoted to Revenue Sharing and budget review. Mayor Young: Can you make your motion to comprehend Item H-3 and Item J-I specifically? • Councilman Nichols: Yes. Seconded by Councilman Lloyd and carried. Mayor Young: Whoever makes the motion at the end of this meeting keep it in mind that it will be next Monday night at 7:30 - is that all right, Mr. Aiassa? (Answered: Yes). - 25 - 0 0 CITY COUNCIL Page Twenty-six CITY ATTORNEY 2/26/73 ENVIRONMENTAL QUALITY Mr. Wakefield: Mr._Mayor..and members of ACT of 1970 Council;;:: --.this . is,. simply a .brief ':summary of _ the..Environmental Quality Act, of 1.9F7O, as amended Lfollowing-„the decision of the State Supreme Court;-in..the. Friends. of (Mammoth ;Case; _and I would have nothing to. add = to `. the "memorandum which :I•,.prepared --and . presented to you, unless you have questions concerning some.. -part .of'.:it. Councilman Shearer: n Has such aireport been prepared for the Central Business District? I.imagine it has.and I probably have seen it and read it. Mr. Wakefield: Are you talking about the EIR? Councilman Shearer: Yes. Mr. Wakefield: Such a report was prepared at the time of the PHASE I plan being adopted. This is just an informational report and no action is needed. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change Application No. 479 - B.`F. Smith)." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to introduce said Ordinance. ORDINANCE.#1215 The.City Attorney,presented: ::..:ADOPTED:: ..: "AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF,WEST COVINA, CALIFORNIA, APPROVING THE ANNEXATION TO THE.CITY OF,WEST.COVINA OF CERTAIN INHABITED TERRITORY DESIGNATED AS "SOUTHEASTERLY ANNEXATION DISTRICT NO. 217" PURSUANT TO A SPECIAL ELECTION HELD IN SAID TERRITORY ON FEBRUARY 6, 1973." Motion by Councilman Shearer;, seconded by Councilman Lloyd and carried, to waive further reading of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION NO. 4695 .The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING PRECISE PLAN OF DESIGN NO. 647 (B. F. Smith.)" . Mr. Wakefield: This is the resolution which approves the Precise Plan for the property covered by the Zoning Ordinance under Item 2. Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to waive further reading of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None - 26 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Twenty-seven 2/26/73 RESOLUTION NO. 4696 The City Attorney presented: - ADOPTED "A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA MAKING DEMAND UPON HARTFORD ACCIDENT AND INDEMNITY COMPANY'FOR .THE PER- FORMANCE OF CERTAIN.WORK PURSUANT -TO ITS SURETY BOND NO. 3292025." Mr. Wakefield: This Resolution is the first preliminary step making demand upon the bonding company for performance of certain work as a guarantee of the approval of the final subdivision map. The improve- ments are to be constructed on the east side of Citrus Street north of Vanderhoof Drive. The demand has been made upon the subdivider to perform the work on several occasions in the past and we have had no response from him. The time for the performance has long since past and this is the last step in the procedure to force the bond. Mayor Young: This is a routine formality? Mr. Wakefield: .Yes, it is. 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 Shearer: Mr.. Mayor, clarification on the location. Is this the area presently under con- struction across from Cortez Park adjacent to Maverick Field? Mr. Zimmerman: No, this.area is just immediately north of Vanderhoof Drive and the drop off as you go down -Citrus towards the horse riding area. Councilman Shearer: Was thi.s bond posted in relation to the single family residence on the corner? Mr. Zimmerman: Yes, that is correct. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None FORM 3226 - Re Mr. Wakefield: Mr. Mayor and members of REVENUE SHARING FUNDS Council, the City has received a form -from the Secretary of the Treasury of the United States Government requesting that the appropriate City Officer execute a declaration in effect which provides that the City will comply with the requirements of .the Federal Revenue Sharing law in connection with the handling and expenditure of Revenue Sharing Funds,.' It would be in order to authorize the City Manager to execute the assurance form as requested. The Council will remember at the time the Revenue Sharing Law was enacted into law the City adopted a Resolution which established a special fund in which these Revenue Sharing Funds are to be held in the City Treasury. The Federal Law for example requires that the interest earned upon the deposit of Revenue Sharing Funds bhall accrue to that account and be an incre- ment to it. In addition to that the funds must be appropriately handled in the same way other city funds are appropriated for city expenditures.and there are several broad categories in the Federal Law for which those funds may be expended. This is simply a formality required in connection with the future receipt of those funds. - 27 - CITY COUNCIL Page Twenty-eight CITY ATTORNEY: Form 3226 Re Rev. Sharing Fds. 2/26/73 Mayor Young: I wonder if we could have some review at our next meeting of these broad categories and -perhaps defer this action until then? Or is there a time limit? „1. Mr. -Wakefield. My recollection is there -.is .a time limit set for the declaration and. -that -it was prior to your next regular Council meeting. Mayor Young: However not having spent any money until then we are not in trouble in that respect. Who would this person be? The City Manager? Mr. Wakefield: Yes. sir. Motion by Councilman Shearer that .the.City Manager -be authorized to testify that West Covina will spend the money.in complete accordance with the rules and.regulations of the United States Federal Government regarding Revenue Sharing Funds. Seconded by Councilman Lloyd and carried. RESOLUTION NO. 4697 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A TENTATIVE TRACT MAP. (Tentative Tract No. 31272 - Community Science Technology Develop. Corp.)" Motion by Councilman Shearer, seconded by.Councilman Chappell and carried, to waive full reading of the body of said Resolution. • Motion by Councilman Shearer, 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 RECOGNITION OF EMPLOYEE Mr. Wakefield: Mr. Mayor and members of ASSOCIATIONS Council, the applications have been received from the three Employee Organizations: West Covina City Employees' Association, West Covina Firemen's Association,.Inc., and West Covina Police Officers Relief Association, requesting formal recognition. The applications are in accord with our basic Ordinance requirements and it would be in order to recognize the three associations. So moved by Councilman Chappell, seconded by Councilman Lloyd and carried. VENDING MACHINE Mayor Young: I requested information LICENSE FEE from Mr. Wakefield on the Business License Fee Vending Machine tax. I have been directly approached by Mr. McGee of McGee and Sons of West Covina, who stated in a pointblank way that our Ordinance is illegal and does not fall within the limits of Section 1602.5 of the Government's Business & Professional Code. • I was a little late in getting this letter to Mr. Wakefield and he responded in a very thorough fashion. The specific conclusion Mr. Wakefield arrived at is that our Ordinance is a proper Ordinance insofar as the enabling legislation is concerned. We are acting within our authority in the Ordinance we adopted. Is that correct Mr. Wakefield? Mr. Wakefield: That is correct Mr. Mayor. My only comment would be to say that copies of the letter to the Mayor will be provided to the other members of City Council, but I have received telephone - 28 - CITY COUNCIL Page Twenty-nine CITY ATTORNEY: Vending Machine Fee 2/26/73 calls and some correspondence from operators.of vending.machines and also from the representative of the Association.of the Vending Machine Operators •and..have;told them that.the City.Clerk was keep- ing track -of `the.- fees "that-were.;;required -to be paid under , the . . • Ordinance': and' that thisnformation';, would .xbe available.: -,-to the City Council -"'and :that after we .had tthis year's„ experience,E in -.:the. applica- tion 'of the Ordinance- weizVould-be'" in .'a much -better�:`position to.,-,-,, evaluate ,it in terms of its -'fairness and its equity.-: So what we should do in the future I think and which will be determined.on this year's experience, there are some alternatives,obviously the Ordinance which we adopted is not the only one that will comply with the enabling statute but in my opinion it does comply and whether we should change it or not I think only experience will show. And again this is a matter for policy determination by the City Council. Mayor Young: Thank you, Mr. -Wakefield. THE MAYOR CALLED .AN:.'EXECUTIVE'.SESSION OF COUNCIL AT 9:55 P.M. COUNCIL RECONVENED AT 10:45 P.M. ITEM 4 CONSENT CALENDAR Councilman Nichols: Mr. Mayor, I would re HUMAN RELATIONS COMM. life to let the record reflect a correction to the Summary of Actions -of the Human Relations Commission meeting. Councilman Nichols did not suggest that the City of West Covina adopt any.procedure in terms of requiring affirmative action by bidders. Councilman Nichols responded to a question and said "that possibly or probably it would • be within the prerogative of the..Council, if it saw fit.to do so." Mayor Young: And I believe from the minutes we are expecting further communication from the Human Relations Commission in that respect. May we have a motion to accept and file the review as corrected. Councilman Nichols moved that the Council accept and file the Summary of Action as corrected. Seconded by Councilman Lloyd and carried. THE CHAIR RECESSED THE CITY COUNCIL MEETING AT 10:46 P.M., for THE PURPOSE OF CONDUCTING THE REDEVELOPMENT_ AGENCY MEETING. CITY COUNCIL RECONVENED AT 10:56 P.M. . CITY MANAGER REPORT ON NOISE Mayor Young: The recommendation of CONTROL Staff is before you gentlemen - is there discussion? Councilman Shearer: I see no reason why we should just stop unless my fellow Councilmen are satisfied with the Ordinance as it now stands, which I am not. • And namely for the points I enumerated several weeks ago. I see no reason that would preclude the Staff or the City Attorney proceeding to.draft a satisfactory Ordinance so that at such time we buy the necessary equipment and then find out the State passes a law that says we can't use it, like they did Radar, but hopefully they won't do that. I would like to have one ready to adopt. If we delay in adopting it until we have the equipment then we have only added a few more months to our,time period. So I would like to proceed and instruct the City Attorney to work on the draft with the input from the various Councilmen, I know I have some and I am sure the others will, and have it ready. - 29 - CITY COUNCIL Page Thirty CITY MGR.: Noise Control 2/26/73 Councilman Lloyd: What is your proposal then - Mr.,Zimmerman in his report suggested three courses of action: (1).a noise.ordinance,like the proposed ordinance which -is -similar-to .,the ,Beverly Hills :ordinance requiring use of sound,. -level- meters;'.. (2) . proceed with an . ordinance based on general considerations' of: -;reasonableness;-- and (3) continue without a specific noise. ordinance. Councilman Shearer: The recommendation.is that further consideration of the noise ordinance be deferred and.I think we should proceed on the drafting of a suitable noise ordinance either on the line of alternate 1 or 2. I think the most logical way is the one that can be measured and metered which may require the purchase of $750.+ in equipment. The point I am making Councilman Lloyd is why just stop until we budget a piece of equipment, why not go ahead and get the ordin ance.ready in a form that it will pass. The way it stands now'I am not sure it will pass, at least if it does it will be 4 .to .1. Councilman Lloyd: Now I understand and I would agree let's go on and do something. . Mayor Young: I can see the thinking Mr. Zimmerman is pointing out - he says if we pass an ordinance requiring additional equipment we are creating a pressure point that we aren't going to like at all at budget time. I don't like to have a lot of ordinances on the books that are either not forceable or that we are not capable.of enforcing, personally. But I will go along with what is being suggested. . Councilman Chappell: The only thing is if we don't get going on something like this we may never get to resolve.things like .what happened over the weekend. If we had a noise ordinance we might have been able to nip that thing in the bud sooner than we did and thereby eliminate a lot of the unpleasantness that our City has been subjected to by the papers, TV and so on, plus the citizens will be happy if we do keep the noise down. Motion by Councilman Shearer that Council direct Staff to proceed with drafting a Noise Ordinance along the lines of Alternate 1 to present to Council for our study and modification, along with a report outlining necessary personnel and equipment to enforce such an Ordinance. Seconded by Councilman Chappell and carried. BARRANCA ST. FIRE Councilman Lloyd: I attended a meeting STATION NO. 2 SITE with Mr. Munsell and EXCHANGE some of these people who have been attempting to bring the apartment house project in and of course the apartment house they are talking about is the Mayer Construction Company project, which is dependent upon the exchange of this land with the City. I was very pleased with the meeting and.the presentation made by Mr. Munsell. He did a good job. I think at this point I would appreciate it if we would hold this over not because I am unfavorably disposed with • the exchange of land or the apartment situation but because they are planning another meeting for this next week, the East Hills Home- owners' are in reference to this. I think in fairness to the situation if these people meet we will solve some problems. Is there any reason why this cannot be held over to the next meeting? Mr. Aiassa: Yes, Councilman Lloyd, and I think Mr. Wakefield will give you the legal problem. This is coming up before the Planning Commission at their first meeting in March which is the 7th. Councilman Lloyd: If we were to continue this and we move it over - 30 - CITY COUNCIL Page Thirty-one CITY MGR.: : Barranca St. Fire Station #2 Site 2/26/73 for 2 weeks or atmonth how would that materially affect .the .City?. Mr. Wakefield: I think -the matter -stands on a.continued•: basis _before :the Planning Commission and how much " g -1on er. the -'Planning, -Commission • might" want to, continue-the...applicatior ~of '. the change of zone, ..I . don't know. Councilman Lloyd: Could wepossiblydirect the Planning* Commission to hold this over because of a convenience to these people? .The Planning. Commission isn't really going to be materially hurt if this is held over and if we ask them to do that won'.t that kind of take care of it? Mr..Wakefield: I would think so. Councilman Lloyd: Are there any other problems - Mr. Aiassa? Mr. Aiassa: Yes. There is a possibility of another piece of land being involved, the Dun and Edwards property, which is a consideration in this transaction. I don't know if they will extend it because they have done so for two years. Councilman Lloyd: If they have extended it for two years another two weeks can't make any difference. Let me say if it has to go tonight you will absolutely have a no vote from me because these people.have asked for this andI think that con- sideration should be given. In other words do we have to go that hard on it or can we provide the operating room that I. think is absolutely needed. Mr..Aiassa: I think the one question that.is of concern is that the Planning Commission has made an absolute ruling that they do not carry items over more than once and if they do it twice.... Councilman Lloyd: Mr. Aiassa, do you think the Commission is going to fall apart.if they are asked to continue this? (Mr. Aiassa asked Mr. Munsell to speak. -to the matter.) Mr. Munsell: The Commission has already continued.' -it -.three times and the Planning Commission indicated at its last meeting that as a convenience to the developer because the City Council had not acted in the past the Commission had no objection to holding it over this last time. Councilman Lloyd: Fine - that would indicate to me that it would be -carfied over and I therefore make a motion that this item be carried over for two weeks. • Seconded by Councilman Nichols. Councilman Nichols: As Mr. Aiassa knows, I have always opposed this .and I still oppose it and I most strongly oppose any transfer of property pending the fulluprocesses of a Planning Commission recommendation and City Council recommendation as to whether -or not this project is one that will or should be approved by our city government. I think it is putting the horse way behind the cart to entertain a change of property or a supposition that the Council will or the Planning Commission will or will not approve zoning, a precise plan, etc. The owners'of this property.dQ not bear at all on the potential uses of those parcels, the proper zoning can in fact be 31 - CITY COUNCIL Page Thirty-two CITY MGR.: Barranca St. Fire Station #2 Site 2/26/73 attached to either parcel before any.trade is ever consummated and if a trade is to please..the ,Council•, then on .following through on .some supposed legal,_ obligationy.then.to someone else, ..I am unhappy particularly.•„about the:concept: _.This has been pushed and pushed •, and pushed .for file �l'ast one 4and * a :half -•years .�:to :..the . point .I am becoming.:very,,.disturbed about.rvito" _There is only .one basis on which -I would support. this=and`sthat{: is'wif. the: -citizens - in the- area made their own determination` that ;the' proposed development was in their own best interests and'.if they are opposed to it then I am opposed to it and if they -want to.fight.it all the way to another election then I will go right with them. Councilman Lloyd: You have two votes then on that. Councilman Nichols: I don't like the approach that tries to set this thing up and create a climate that forces the zoning through for others than the City of Vest Covina. I don't 'often speak this strongly, I can perhaps get louder. I think this is tricky business.and I think this matter should go before the Planning Commission and then, -come to the City Council and if deemed to be an appropriate use then talk about the changing of owners to make it convenient for everyone involved. Councilman Shearer: Mr. Mayor, it looks like we have three votes. I indicated these same thoughts to the City Manager Friday. I don't care how good of a deal the City can work, or how much profit we might.be able to show in an exchange of property, I don't think this should be decided prior to the zone change. Either it is a good zone change or it • isn't, regardless of what the City may stand to gain or a developer may stand to gain. I recognize, based on the information given by the City Attorney, that the developer cannot request a zone change without the concurrence of the City. My question is, isn't there some way the.City can say "fine you have our promise to include .our piece of land in your proposal without making any kind of commitments, going into escrow, settling on a price or anything, and if you get your zone change then you come back to us and we will sit down and talk about selling you the property or trading it. If this can't be done and we have to enter into a commitment as was the recommendation here, that we agree to exchange the property on some unknown price, then you have your third vote in opposition and the property won't even come up for consideration. Mayor Young: The motion that is before us does it accurately comprehend the comments made by Councilman Shearer and Councilman Nichols? Councilman Lloyd: I don't think it does. What was intended was to hold it over until such time as the East Hill Homeowners' have a chance for another meeting. I don't think that motion comprehends what is being said at the present moment. Mayor Young: I find it difficult to disagree with the comments made by the two gentlemen to my left. • I thoroughly agree with Councilman Nichols. I don't like to be forced into virtually pre-commiting a vote on something which we are doing. I think we ought to have a motion that meets that problem right square on here. Councilman Nichols: Of course my feeling is if the citizens in that area have a full opportunity to express themselves before the Planning Commission and the City Council and if the consensus from that area the particular type of use of that land is a type that meets reasonably with their understanding of what we are facing in this society in the way of building and what may come in the future and all of that, then - 32 - CITY COUNCIL Page Thirty-three CITY MGR.: Barranca St. Fire Station #2 Site 2/26/73 because I would feel that .it was . within the framework of the will of the citizenry who will be living with that sort of thing I could probably then vote..to.support any.type;of arrangement that would follow that understanding. orrat<_least:my hearing .of;.the.arguments and at._least my decision`;that it wasp or was;z-not, a.'proper,: development., .But to.. implemi ent. any, type s"of i,trade es a'.Councilman---_-well,:it:..is .bad enough with . two. hats°=_ as, .a :Councilman Y°and,..:a Redevelopment -Agency,,. but. to be placed in the position=of °recommending- a .trade of properties with the precise and exact purpose -in -mind that it would later be zoned to meet the needs of the developer is just a bigger pill than I have been ever able to stomach and.I don't propose to try and swallow it now. Councilman Lloyd: Mayor Young, don't you think if we at least vote for the two weeks we can bring this .up,at that time and we probably will see some new tack by the Administrator.anyway. Councilman Shearer:... Mr...Mayor, can I pursue this with the City Attorney? Mr. -Wakefield, in order for this to proceed, as .I recall at the recent Planning Commission meeting that I attended, it was just stated flat out that the hearing couldn't even be opened because the developer was considering a piece of property that didn't belong to him and it was your indication that he had to have something from the City to include this. Now the Staff recommendation tonight is that we go so far as to approve the trade and the sale - is there anything else either by saying or'by motion that we can say to Mayer Construction, yes you can include this in your tract when you go to the Planning Commission, so we can have the hearing irrespective of any trade of property, or do we have to go into escrow and have a • price set before we can open it for a public hearing? Mr. Wakefield: Councilman Shearer, as I see the situation it is this. Under our present ordinances the owner of property may apply for a change of zone. Obviously he cannot apply for a change of zone on property he doesn't own and in this case the parcel belongs to the City. That particular parcel of property I suppose could be considered for a change of zone if the.City Council authorizes that to be done. However, we end -up in the strange situation . -I suppose where the Planning Commission may recommend and the City Council may ultimately decide to change the .zone on the privately owned parcel and also on the publicly owned parcel, yet the City has no firm understanding that the publicly owned parcel can ever be developed for the purpose for which it is zoned and that could only be accomplished ultimately if there was an exchange of property or the City were to sell its fire station site to the developer. So at some point in time a decision has to be made with reference to the exchange of.the parcel of property but d f the City Council is willing in this point in time to simply authorize the Planning Commission to proceed with.a hearing on the City owned property and on the privately owned property as well then I think that could be done. The Precise Plan as submitted by the developer as I understand it, encompasses at least in part a portion • of the development being on the fire station site, so the Precise Plan could not be implemented obviously unless the developer were to acquire the City owned parcel. Councilman Shearer: In that case this answers all my reserva- tions. Let the zone change proceed. I don't think the fact that we grant or give our okay for it to be included in anyway commits -us to vote okay. Let's say we grant the zone change and the development falls through so we have a piece of property zoned MF-15, we can still build a fire station on it by rezoning it. This to me is what has delayed it this long, the legal mess over whether or not Mayer Construction - 33 - C� • • CITY COUNCIL Page Thirty-four CITY MGR.: Barranca St. Fire Station#2 Site .2/26/33 has a right to request _a zone change andI think.this ought to proceed with our permission without any strings attached.; :.Go to the Planning Commission for hearing,.have the homeowners -testify for or against and we will .either get ..it zoned or -not... _I, don't. see a problem,�-_this`course of action is not going, -to pass we are tied up in. -.side. -issues without, getting .to the :real ,issue- -. is that a good site for apartments, -or. isn'.t. it7,,_ Councilman Nichols: Mr. Aiassa, what is the schedule in terms of the City's plans for an additional fire station in that area? Is that definite? Mr. Aiassa: Yes, as you know we plot our stations up to 1980 and we have definite locations that the Pacific Board of Underwriters have designated as future station sites and this is one of those, it is probably five'or seven years away. Councilman Nichols: I'concur with Councilman Shearer's statements in the sense that this will bring this for a hearing before the Planning Commission and then to the City Council and will not prejudice in any sense and let us decide it on its merits. Councilman Lloyd: Mr. Mayor, in view of what Mr. Wakefield said I would recommend to this Council that they vote the motion.down and vote a new motion. Call for the question. Motion failed, all voting "no". Councilman. Shearer: Perhaps the City Attorney could form -a motion that would cover what I said. Mr. Wakefield: Yes, a simple motion, that the City Council authorizes the inclusion of the City owned fire station site No. 2 in the zone change application of the Mayer Development Company. So moved by Councilman Shearer and seconded by Councilman Chappell. Councilman Chappell: I hope Mr. Munsell informs... the Planning Commission exactly that we are not approving any zoning on this property, it is up to the hearing and the facts and their.determin ation without the Council putting sort of a checkmark on it that this is what we want, I don't think that has anything to do with it at this time, just that we want a hearing on it so it won't be held up and if they pass the zone change then we will hear it and make our final determination.. If we turn it down the property won't get zoned and it will stay the fire station property so we aren't doing anything that wouldn't ultimately have to be done if we finally pass this thing. I think the Planning Commission should know that we are in no way trying to persuade them only providing a way for this thing to be heard. Motion carried. REQUEST FOR APPROPRIA- (This report previously discussed and held TION OF REVENUE.SHARING over.) FUNDS RESOLUTION NO. 4698 The Mayor presented: ADOPTED "A RESOLUTION OF THE CITY OF WEST COVINA CITY COUNCIL OF THE COMMENDING - 34 - 0 • CITY COUNCIL CITY MGR.: Res. #4698 Page Thirty-five 2/26/73 OWEN KEVIN MC GUIGAN, JR., FOR HIS_ SERVICES TO .THE. CITY. Motion by Councilman Lloyd,-.. seconded_,by, Councilman -Shearer :and . carried;-- to waive .full -reading of_the-°body-of .said_Resolution... Motion by .Councilman Chappell =and -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 DESIGN'OF NEW Mr. Aiassa: CERTIFICATE OF COMMENDATION format and we are of the certificate Council approval of the format itself: Mr. Mayor, the only thing we want Council to con- sider on this is the now going into the text itself, but we need Councilman Shearer: Mr. Mayor, I question the inclusion of the position because technically if we give a commendation to for instance the Fire Chief, who perhaps served ten years as Fire Chief and five years as Batt. Chief, etc., I am sure we are going to indicate "has for the past total years of service, etc., etc., as" and then we include as Fire Chief, and that technically is not correct. So I don't see any reason for putting in his position. He served the City of West Covina for twenty years, this doesn't indicate he was twenty years as Chief and maybe he was only five. So I suggest cutting it off ,after "the City of West Covina. " Councilman Lloyd: Mr. Aiassa, I notice this one said "the Human Relations Commission of West,Covina, Certificate of Commendation". Is it common for our Commissions to give out Certificates of Commendation? I thought that wa8 what we did or the City did? Mr. Aiassa: This is why the City Council will eventually have to determine the policy. In the past the Commissions would give commendations for outstanding services of volunteers strictly tied in with their Commission work. For example, part-time liaison people and others like that, the Commission would award one on their behalf. Councilman Chappell: They just awarded one of these tonight to a Sam Mendoza. Mr. Aiassa: It is done more as a "thank you" and it saves considerable time in writing letters, etc. Councilman Lloyd: In other words you recommend it? Mr. Aiassa: Yes, I do. There are a lot of volunteers that come forth and never receive any recognition. Councilman Nichols: We authorized this quite some time ago on a "receive and file" item. Motion by Councilman Shearer that City Council approve the Certifi- cate of Commendation format as modified. Seconded by Councilman Lloyd and carried. - 35 - CITY COUNCIL Page Thirty-six CITY MANAGER - Cont'd. 2/26/73 YOUTH ADVISORY COMMISSION Motion by Councilman Chappell, REQUEST seconded by Councilman Lloyd, to� approve the Youth Advisory Commission request to attend the 3rd Annual Greater San Gabriel Valley Youth • dinner on Saturday, March 3, 1973 in Arcadia and authorize the expenditure of $11.00 to cover attendance of three Commissioners and one; Adult Advisor. Councilman Shearer: Mr. Mayor, a question. By chance would all five care to go? For the sake of $2.75 each if they would I would be agreeable. Mr. Aiassa: Only three want to go. Motion carried on roll call vote as follows: AYES:.Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RECODIFICATION OF Mr. Aiassa: This is informational. MUNICIPAL CODE The City Attorney and I. had a meeting •arid I think we have a solution to the problem and we are requesting that Council carry it over to your next regular meeting. So moved by. Councilman Lloyd, seconded by Councilman Chappell and carried. CITY CLERK . REQUEST TO APPROVE WEDNESDAY, MARCH 14/73 AS BID OPENING DATE FOR BID NO. 73-78 for STREET SWEEPER Mr. .Wakefield : Mayor Young: This request is to advance the bid open- ing date.one week earlier than required in Resolution #3072. Is there any legal problem in that, Mr. Wakefield? None. Motion by Councilman Lloyd to move the bid opening date to March 14, 1973 on Bid No. 73-78 for a street sweeper. Seconded by Councilman Chappell. Councilman Chappell: City Clerk: Mr. Eliot: Councilman Lloyd: Mr. Aiassa: MAYOR's REPORTS Is there a reason? The Finance Department wanted more time to evaluate the bids. More time is wanted between the opening of the bids and the next Council meeting. Will anybody be harmed on this? No. Motion carried. Mayor Young: We have covered Item 1 referring to the Citizens' Committee recommendations re Community Priorities. DISCUSSION RE PLAQUES Mayor Young: As far as the Golden FOR "GOLDEN JUBILEE" Jubilee plaques, I PARADE BANDS would just as soon defer that for a couple of weeks because we will .have a report from - 36 - CITY COUNCIL Page Thirty-seven MAYOR'S REPORTS: Golden Jubilee 2/26/73 the Golden Jubilee West Covina Beautiful Committee. My earlier reports indicate that this event probably broke even on a financial basis but we don't know for sure until we hear from them. COUNCILMEN'S REPORTS/COMMENTS • Councilman Nichols: I would like to -make some sort of motion tonight to attempt to find $600. somewhere that is still available that we might contribute to assist the All City Youth Band through the balance of their fiscal year. The money that I thought might be coming forth disappeared during the course of tonight's meeting. I would like to ask Mr. Aiassa to attempt to find some funds for that purpose. How should I go about requesting this? Mr. Aiassa: This item I think is coming up on the 5th and we will try and do something about it. How soon do they need the money? Councilman Nichols: Like last week, they are pressed. Mr. Aiassa: Why don't you direct the City Manager to proceed on the basis of trying to raise the $600. Of course we raised an extra $500. for the Golden Jubilee already. If I had some kind of assurance on the 5th that I might get it back we could shift a few funds. Councilman Nichols: I tell you what we will do, we will give you absolute assurance that you will get • the money back. So I would move that the Council authorize the contribution of $600. to the All City Youth Band and further that the City Manager investigate his various accounts with the City Controller and find where that money might be appropriated and that an appropriate agreement be drafted meeting the legal requirements for the funding of these funds to that organization and finally that this.might be done as expeditiously as possible. Seconded by Councilman Lloyd. Councilman Shearer: I would like for the benefit of the few remaining people in the audience and particularly for Mr. McDonnell, our new reporter from the Tribune, that Councilman Nichols just briefly elaborate on what the Youth Band has done already in the way of raising funds on their own. I recall the Director was here some time ago and we suggested they go back and try and do something on their own and I understand they have done something. So if Councilman Nichols would briefly summarize what has happened. Councilman Nichols: Yes, I should.have done that for the record, because I think it is meritorious. This is a newly organized group in the • community, they have been formally functioning since last June, and in that time have raised some $2500. on their own. They have made a commitment to purchase second hand band uniforms from the Chino area and have paid off more than half of the purchase price and have purchased all their own equipment, bariners, etc., on their own during the past six or seven months and are at the point now where they do need some assistance to complete this purchase and as Councilman Shearer said we did encourage them in their efforts some months ago and they have responded in a personal call to one or more of us indicated what they have done and asking if we can help them as a municipality at the present time. - 37 - CITY COUNCIL Page Thirty-eight COUNCILMEN'S REPORTS/COMMENTS - All City Youth Band 2/26/73 Councilman Chappell: raise their own money. • for actual equipment, further the band. It that nature. Councilman Shearer: I think another thing should be pointed I believe I was one of the people that mentioned to them they should go out and None of.this money has gone for salaries uniforms, music, and things like that to is not being used for salaries or anything And no professional musiciansl out and only of Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Mayor Young: I forgot to mention one thing. I -have a communication here dated February 23 to the City Council from one of the Planning Assistants who desires a maternal leave of absence, that is Carol Whelan. -I suppose the appropriate motion would be to refer to the City Manager. So moved by Councilman Shearer, seconded by Councilman Nichols and carried. SCAG Councilman Lloyd: Mr. Mayor, I wish to report that I attended the SCAG meeting last Thursday and Friday and I am pleased to state the City Manager • joined me on.one day and Mr. Yamasaki on another. I think this is an important involvement for our City for I feel very strongly that SCAG is going to be more and more important to our City for the simple reason they are the focal point for any funds coming out of the Federal Government. So I would suggest we pay close attention. -I will write a report, .I am sorry I�haven't done so as yet. In addition to that, Councilman Nichols and I, along with the City Manager and the Fire Chief did indeed sojourn to Scotsdale, Arizona to take a look at some of their equipment- and methodology of fire fighting, etc., to see if there was any adaptability and I think we will have a report on that in the next few weeks, Mr.-Aiassa is now preparing it. Mayor Young: Thank you, Councilman Lloyd. I would like to do one more thing and that is officially welcome Mr. McDonnell on behalf of the City Council, who is representing the Tribune.. I hope to see a lot of good publicity for our City - - or whatever is fair! DEMANDS Motion by Councilman Lloyd that the City Council approve Demands totalling $408,668.04 as listed on Demand Sheets C855 to 857 and B567A. Seconded by Councilman Shearer and carried on roll call vote as follows: • AYES: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None ADJOURNMENT ATTEST: Motion by Councilman Shearer and carried to Monday, March 5, Chappell, seconded to adjourn meeting 1973 at 7:30 P.M. APPROVED: by Councilman at 11:20 P.M. CITY CLERK MAYOR