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10-29-1973 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 29, 1973. The adjourned regular meeting of the City Council called to order at �7:30 P.M. in the West Covina Council Chambers by Mayor Jim Lloyd. The Pledge of Allegiance led by Councilman Ken Chappell; the invocation criven by Councilman Chester Shearer. ROLL CALL resent: Mayor Lloyd; Councilmen: Nichols, Young, Shearer, Chappell Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Leonard Eliot, Ass't. City Mgr., & Controller George Zimmerman, Public Service Director John Lippitt, City Engineer Michael Miller, Planning Director Craig Meacham, Ass't. Chief of .'Police Ken Larson, Administrative Analyst, Jr. Mike McDonnell, Staff Reporter - S.G.V.D.T. - PRESENTATION AA PEDESTRIAN SAFETY (Mr. Doug Funderburk,_ Assistant Manager of the AWARD Automobile Club of Southerri, 'Cal'ifornia, pre- sented to the City of'West Covina on behalf of the Automobile Association, a special citation for program safety activities.) Mr. Funderburk: I think it is more important that we say, because during the pasts year you have a number of a little bit about this as I noticea in your trophy cabinet, trophy. During.1972 more than two .cities participated for thousand this particular trophy throughout the U.S. So it has a special meaning, pride in a national meaning, and we take great presenting it to you and the entire City of West Covina. Mayor Lloyd: Before accepting it I am going to ask that you hand it to Craig Meacham, our Assistant Chief of Police, who is better able to speak to this - subject. I am both pleased and proud and on behalf of the City I do thank you. Craig Meacham Ass't/ Police Chief APPROVAL OF MINUTES Thank you very much and on behalf of the Police Department and the amity of West Covina we thank the Association for this honor and we will try again in 1973 to do as well or better than we did in 1972. OCTOBER 9, 1973 Motion by Councilman Young, seconded by Councilman Shearer to approve minutes with corrections. Councilman Shearer: On Page 22 there is a typographical error. M The Mayor called a recess at 9:31 P.M. and the minutes read Council reconvened.at 10:43 P.M., I believe this should be 9:43 P.M. On page 35 at the bottom of the page, the second sentence should read: "Believe it or not, of course I am somewhat prejudicial" instead of "judicial." Motion carried. I CITY COUNCIL CONSENT CALENDAR Page Two 10/29/73 CONSENT CALENDAR Mayor Lloyd explained the procedure of the Consent Calendar and asked if there were any comments on any of the items: 1. WRITTEN COMMUNICATIONS a) BOARD OF SUPERVISORS Re concern over increased crimes of viol- ence occurring on public transportation and public assembly facilities and propos- ed development of plan to increase security coverage in the County Areas and urging citizens with police departments to also take any necessary steps within their city limits. (Refer to Staff) b) CITY OF PASADENA Re development of a rapid transit system. (Informational) c) CERTIFICATED EMPLOYEE Requests City Council to oppose COUNCIL of - W.C. Proposition No. 1. (Informational) UNIFIED SCHOOL DIST. d) PUBLIC EMPLOYEES UNION Requests a hearing before City Council in DIV. OF TEAMSTERS the case of James Fahey. (City Attorney) LOCAL 986 e) UNITED..METHODIST.CHURCH Requests permission to solicit for con - WEST COVINA tributions for UNICEF on Halloween, October 31, 1.973. (Recommend approval. j Approved in prior years.) f) SPANISH TRAILS GIRL Requests permission to sell Girl Scout - SCOUT COUNCIL Calendars from November 15 through I_ December 17, 1973. (Recommend approval. Approved i.n nr.ior years_) g) CALICO MERCANTILE (Joseph Schumacher) Requests Mail Order 1730 E. Stuart Ave., Business License. (Approve subject to West Covina. review by City Attorney) h) WEST COVINA CHAMBER OF Requests joint meeting between City COMMERCE Council and Business Improvement Tax Advisory Board. (Refer to City Manager -Agenda.) i) WEST COVINA CHAMBER OF Requests Council to declare a moratorium COMMERCE on approvals for any development in -the Orange -Merced Plan area. (Refer to City Attorney) j) CITY OF RIVERSIDE Opposing Proposition No. 1. RESOLUTION NO. 12218 (.Informational) 2. PLANNING COMMISSION a) SUMMARY OF ACTION October 170 1973. (Accept and file) 3. RECREATION & PARKS COMM. a) SUMMARY OF ACTION = OCTOBER 23, 1973. (Accept and file) b) BASEBALL FIELD RESEARCH Informational Report. (Receive and file) 4. HUMAN RELATIONS COMM. SUMMARY OF ACTION October 251 1973. (Accept and file) - 2 - CITY COUNCIL CONSENT CALENDAR - Cont'd. 5. YOUTH.ADVISORY COMM. ANNUAL REPORT 6. ABC APPLICATIONS Carmencita A. Ploeser • 2900 E. Virginia Ave., West Covina - Page Three 10/29/73 (Receive and file) (No meeting 10/16/73. New Commissioners not• appointed as yet.) Chief of Police recommends NO PROTEST. dba THE. COVE 146 S. Glendora Avenue Barranca Enterprises,Inc. dba SAHARA LOUNGE & RESTAURANT 2804 E. Garvey Avenue •2804 E. Garvey Avenue West Covina 7. CLAIMS FOR DAMAGES FILED WITH CITY CLERK Henry Macaluso Re damages to his vehicle by a City 15066 Root St., truck. (Deny and refer to City Attorney Baldwin Pdrk and Insurance Company) 8. CITY TREASURER'S REPORT Month of September, 1973. (Receive and file) 9. TRAFFIC COMMITTEE .a) MINUTES October 16, 1973. (Accept and file) b) CITRUS COURT Temporary Time Limit Parking. (Recommend approval) 10. WRST COVINA HIGH SCHOOL October 19, 1973 - ratify verbal approval HOMECOMING FOOTBALL GAME of fireworks display. j j. Richard J. Smith Gentlemen,' this refers to Item 1(d). By Business Representative letter dated October 25th we asked for a Public Employees Union hearing before your Council in order to Teamsters Local 986 present the case of one of your employees, Mr. James Fahey,and we ask that your good offices be used to correct a substantial injustice and inequity that was caused to be brought upon Mr. Fahey during recent salary negotiations. We discovered that Mr. Fahey, as a member of the Teamsters Union and also a member of the Association, who was his .formal representative in the meet and confer sessions regarding salaries, was under the impression that his representatives, namely, CLOCEA and the Association were in there fighting for Mr. Fahey's salary; that he was recommended by the consultant, hired by the City,, to be placed in Schedule 23. Mr. Fahey was assured by his representa- tives that they.were fighting for this salary increase for him; however Mr. Fahey has discovered that while he was being told by his representatives that he was getting full representation his representa- t ves were in asking that his salary as recommended by your consultant be reduced from its original recommendation. So rather than receive the scheduled 23 as recommended, Mr. Fahey wound up at Schedule 21a. These facts were brought to light in the minutes of the Personnel Board and the Administrative Review Committee and I would like to quote a couple --of sentences from the meeting of October 21 1973. This is a quote of Mr. Gary Duvall of _your staff. "Mr. Chairman, reading from the memorandum of June 25, 1973, the misceallenops employees met with management representatives and at that time it was stated 'Mr. Woodford then made a statement regarding the Pool Maintenance Specialist, it was his feeling and that of the West Covina Employees' Association, that in all honesty that classifi- - 3 - i I CITY COUNCIL Page Four CONSENT CALENDAR - Cont'd. 10/29/73 cation doesn't merit the 10% increase recommended in Mr. Lyons' report.' / Speaking for the WCCEA, Mr. Woodford, stated 'action on other classes is based upon an established criteria we feel that we should bring to your attention one that is higher.than it should -be. It is our final .recommendation that the title remain the same and that he be rated equivalent to a Maintenance Man II with a 2%/ increase.'" The next meeting was on July 11, 1973 and a statement was made regarding the j Pool Maintenance Man. Again we quote Mr. Woodford "We will agree to I • keep the title as it is and that he get a 2%/o rather than 10% 1 increase, but we recommend a bonus for diving of an ' additional 2 2-%. " Again quoting'Mr. Duvall "So this is a situation where management recommended more than the individual's own Association." Now this seemed to literally stun the Personnel Board because Chairman Tice,.a couple of pages later indicated that Mr. Fahey deserved a hearing before this issue is really settled. Now quoting Mr. Duvall again in regard to Mr. Fahey's case "this is one of the items that -should have been taken care of by the Association when it was discussing,, and as far as management is concerned it was. You could have .gotten at least 2%/o and possibly 5/ for the Pool Serviceman Specialist." In other words what Mr. Duvall was explaining to the Personnel Board and to the ARC was the fact if Mr. Fahey's organized representatives, CLOCEA and the Association, had just kept their mouth quiet the City would have passed on the recommendation of the consultant. However, due to the fact that they went in there and argued against Mr. Fahey, without his knowledge, the City naturally accepted this lower pay for this one classification. I believe that it would be in the best interests of the City and representative who was negotiating at that time, actually he was receiving in effect a "freebie" because the Association was coming in saying here is a position that is being paid too (much. IGentlemen, I have been in this business approximately ten years and I have never found an association nor a union who looked at a consultant's recommendation and said it was too high in public and then goes into management and says this position is being paid too high. By just keeping quiet they could have gotten a 10% pay increase.for Mr. Fahey yet they fought against him. Now why is this? We suspect because of Mr. Fahey's activities on behalf of the Teamsters' Union in organizing the employees in the blue -collar field that perhaps the Association and CLOCEA were trying to get even for Mr. Fahey's activities on our behalf and we feel this is wrong and that is why we are requesting or imploring you to right this wrong that was done to Mr. Fahey. We know the negotiations are concluded, the Memorandum of Understanding was signed by you and CLOCEA on behalf of the employees, but we don't believe it was done in good faith on their part and that was why we are bringing it to your atten- tion. When you ratified the three Memorandums on behalf of the police, fire and general employees, you mentioned you wanted to have good relations with the employees and this is why we are bringing this serious case to you. That'is why we are seeking this because we believe if you had known all the facts of the case you would have .acted differently in ratifying that agreement and that is why again we implore you to take action to bring Mr. Fahey up to what the consultant recommended in -his report that was given to this Council and to your staff. Thank you. Mayor Lloyd:, item•on the Consent Calendar? Thank you, Mr. Smith. in the Consent Calendar anyone else that wishes Council discussion. We are involved items, is there to speak to any - 4 - CITY COUNCIL CONSENT CALENDAR:,- Ccnt'd. .1h Page Five 10/29/73 A Councilman Young: Mr. Mayor, I would like to request Items 1 (c), (d), (I), and (j) be withdrawn from the Consent Calendar. Mayor Lloyd : All right - Items c, d, I and j. Anyone else? - Councilman Shearer: I have a question. With regard to the • Traffic Committee minutes, Item 2. The ' request was that the crosswalk on Puente Avenue at the west side of Eileen Avenue be relocated to Myrtlewood Avenue and the recommendation we are asked to pass on is that the sidewalk be removed. Does that carry with it the relocation to. Myrtlewood or just an elimination of the crosswalk - period? Mr. Zimmerman: Mr. Mayor and members of Council, the request is as Mr. Shearer stated - that the crosswalk be relocated to Myrtlewood .Avenue and the Traffic Committee is recommending that the crosswalk be completely removed, and that I think is the action recommended. '.Councilman Shearer:. Thank you. I just wanted a clarification. Item 3 of the Traffic Committee minutes calls for a ten minute limited parking ..zone in the vicinity of the Municipal Courts. What is the purpose of this in this location? Mr. Zimmerman: Mr. Mayor and members of the Council, the ` area is used in connection with the Marshall's automobile inspection. The automobiles are temporarily located there and inspected by the Marshall and it is a very short operation which is more convenient to have at {.ACL , -ocal-.lon L.11en same place else. Councilman Shearer: My question was - what can be done in ten minutes - - is that sufficient time to park a car, go in and have whatever is necessary done and be on one's way? Councilman Young: Usually the way it works is that the Marshall's office is alerted and the Marshall then directs the individual to .bring his car to that particular location and he will inspect it there and it is not a matter of parking and then looking up the Marshall. The Marshall meets him there. Motion by Councilman Shearer, seconded by Councilman Young, to approve the Consent Calendar items with the exception of Items I (c), (d), (I), and (j). Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd. NOES: None ABSENT: None Councilman Young: Item I (c) which also related to (j). I would like to offer a resolution to be adopted by this Council. The essence of it would be going on record with our opposition to Proposition. 1. I don't know, I am led to`believe I will get a second but I haven't really discussed this with my fellow colleagues, but I ao feel that - this amendment is certainly of sufficient impact on our local community as well as every local community in the State that it is worthy of an expression from us either individually as Councilmen, or its effect as a body, because of the effect'it has on us.. 5 - CITY COUNCIL Page Six CONSENT CALENDAR ITEM I (C) (j) 10/29/73 I talked to Mr. Morietti and others and I feel the proposition is one that is honestly advanced by its pro- ponents and I believe that opinions favoring it are honest opinions. I think the opposition to this is equally honest. So I think we are really brought down to the merits of the proposal itself. I have several points I would like to make, thoughts that occur to me. I feel to vote for this Proposition 1, which has a strong tendency to tie the hands .of future legislative • bodies is.a vote against the representative government system we have. I think it is.a vote of no confidence in that government and personally I would like to think that elected officials, including this body, are responsive to the needs and wishes of their constituents from time to time. Secondly, I feel with some of the .loopholes written in to this Proposition we will find a lot of government by emergency, because that is the way you get out from under some of the stringent measures. You declare an.emergency of some kind, or you get four votes on the Council to declare an emergency and this becomes a conven- ient out and I think could become a convenient act of political dis- honesty in a given situation. As far as I am concerned this is the time in our government when we should be trying to breathe confidence and express confidence in our government because we have been shaken badly and I just don't believe that we need to tie their hands and re- move flexibility of our governing bodies when we don't know what the future holds, what circumstances will arise from time to time to demand flexibility, possibly short of emergency, maybe not. But for this and numerous other reasons which I won't go into except to refer you to some of the arguments in opposition put forth by the League of California Cities and others. I would like for us to go on record as opposing this particular proposed amendment to the constitution. I will make that a motion, Mr. Mayor. Councilman immediately Seconded by Mayor Lloyd. Shearer: I have given this a 'Lot of thought and I find myself in a position that I wish I didn't have to take one, because when you take a position on this issue you are made by default, I guess, bedfellows with people you might not like to be bed- fellows with. When I look at some of the outrageous claims on both sides, pro and con, perhaps the product of overzealous public relations firms - well I think some of them have been carried away in their claims on both sides. I basically oppose Proposition 1. Now there might be some who would say - "what else would you expect from a State employee?" Inferences have been made that would tend to lump State employees together that says they are for high taxes because this means high salary, etc, etc. This isn't my reason and I would like to offer one item as an attempt to substantiate that. A year ago there were two propositions on the ballot, Proposition 15 and 16; and 15, if passed would have probably had a direct benefit to all State employees. Much to the dissatisfaction of my co-workers I opposed it and was glad it was defeated because I felt it was a bad piece of legislation, even though it might have personally benefitted me in some respects.. I think this is a bad piece of legislation for some of the reasons that Councilman Young has already attested to. I think it could have an adverse impact on the City and as I sit here this is my concern - the effect on the City, not the effect on -me as a State employee or any other aspect. When I sit here it is,- wbAt will this constitutional amendment do or have the potential of doing to the City of West Covina? I wish I didn't have to take a public stand, but I think there„are times this goes along with the job. I am sorry that the Leac".e of California Cities was forced into by what I consider to b,� a blunder on the part of their staff, in overselling opposition to Proposition 1. After two and a half days of badgering - everytime we turned around at every meeting and every - 6 - CITY COUNCIL CONSENT CALENDAR ITEM I (c) (j) Page Seven 10/29/73 speech we heard,it was vote "no" on Proposition 1. I think when it came time Wednesday morning to vote people had decided they were feed up with it and would take no position at all. If the vote had been taken on Monday I am sure, before all of the opposition had been given, that the vast majority of Cities in the State of California would have voted in opposition to Proposition 1. I just wanted to make sure that people didn't say "well the League didn't take a position and that is why you haven't." I think in all honesty that is why the League's position came out a "no position." I will vote •to support the motion. Councilman Chappell: I went to San Francisco not really ready to take a stand, although I had presumed I would vote "yes"on Proposition 1. I listened to threats and coercion and all sorts of things which finally led me to leave San Francisco in favor of Proposition 1 after listening to the Governor who attempted to answer the charges and y counter -charges that had been made. I still feel.- and I counted the,. votes here already so I am probably wasting my time, but I think. perhaps there has been a tremendous amount of oversell on this Proposition. The idea of attempting to keep the taxes from rising above the 44/ of our total income certainly has some merit. The legislature has had a long time to work on this type of a situation and they haven't come up with any solutions to putting the brakes on anywhere along the way. I know the State will continue to take in more money as long as we have an inflationary period, which in my mind that will not become a problem of monies being taken from the City. I did hear Willie Brown stand up and say "all ye who vote 'aye' on this one I will have you on the chopping block at some later date, etc. etc.," but from the way I look at things and the way I count votes today I don't think West Covina will be on that chopping block. on this tonight. I Cities did and take "no"on the motion. Councilman Nichols: I d— feel that ;-Te should not tMl{c Meta -on - would rather do as the League of California no action whatever,, so I am prepared to vote and interests is vitally see what it purports to d couldn't tell us what the is rather important. Late this afternoon we had a meeting with Eugene Jacobs, certainly a knowledgeable person, who in terms of his own career concerned with trying to analyze this bill and o and he said before the Council he really ultimate implications will do. I think that When we take a position on these matters we ought to be awfully sure in our minds that we are taking a position in our communities that we are going to be able to live with. I listened to Bud Carpenter, I listened to all those people from my own profession who strongly urge a no vote on the issue., I read bulletins from homeowners organizations and builder groups and those who strongly advocated a yes vote. I applied what intellect I have remaining in an attempt to analyze the meaning and significance of this legislation as it comes before us and I can't really in good conscience say that I know what is the best vote for the people of West Covina. I think government is too big and I think we are spending too much money from the bottom to the top. I think our society has gone *government top heavy and I'think we are in trends that are indeed dangerous to our individual freedom, whether we are government employees or not. I think on one hand maybe it is time we had a confrontation between those who say "no more" and those who say "more". Maybe in terms of the long time health of our country we need a crisis or two in terms of those that advocate spending, - 7 - r CITY COUNCIL CONSENT CALENDAR - ITEM I (c) (j) Page Eight . 10/29/73 All those who talk about the crises in all do, all recognize maybe in the long leathly and dre good. We have had all recognition increasingly that there is in government who say we should provide our national government and we term these things are of us in our lives a a controversy between those services and more services. Essentially, of course, I tend to lean to the conversative side and my life has been largely a dichotimy •between the bureaucratic approach as a public servant wanting to get what he thinks he should get and and my final conclusion is that I really don't think I know enough about it to say to the West Covinians that this is the way Russ Nichols stands on this issue. I really don't know, so I would rather not vote upon it at all. I will vote "no" on this issue, but' if there were a motion to vote the other way tonight I would vote "no" on that as well. My conclusion is I can't really recommend to West Covina -how they should vote and I am not going to lend my name to taking a position to try .and give that advice. Councilman Young: Just a brief comment. I think this conversation here up to this point demonstrates there are enormous philosophical implications involved in this Proposition and I glean the impression that each of us is sitting herein somewhat of an agony of concerns over it, philosophically and otherwise. Certainly in response to Councilman Nichols I would be'the last to infer that I am the knowledgeable one. I could be wrong, I recognize that, but this thing goes one way or the other, and in analyzing as best as I can, the language of the legislation, the intent of the legislation, the .arguments in favor of the legislation, the arguments against it, my own conscience directs me to the conclusion that I have already stated. That is the reason for my motion and my reason for the resolution. Thank you, Mr. Mayor. Mayor Lloyd: I have a couple of comments. I know in my heart that this is a horrendously bad bill. Why it was introduced in the form it was introduced is very understandable because the people of this State, of this area, this community, have the right to expect the limitation of government. We have in all fairness too much government today and this bill speaks to that, but unfortunately in speaking to it it leaves some major loopholes which directly affect the City of West Covina and that's what I am here to speak on because that's where it really is for me. The City of West Covina, and you can mark my words on this, will pay heavy if that thing passes, not because Willie Brown said so, .although I agree with Ken, I thought his remarks were injudicious. I think that he was a bit too pragmatic and too forceful in his stand. But the fact remains that what these people in my opinion can do is they will cut the taxes at the State level and mandate them at the local level and we will have to go out and pick up the tab and those people who sit here tonight and the total of this community, will have to pay those taxes because they will be mandated and not only will they do it here at the.lo.cal level of the State but at the County level and I think that is fundamentally wrong because they leave the door open -to do just that and if you leave the door open to the legislators in Sacramento to do that they will do that. Now when it comes to good government and representing constituents,.,,I think that has best been done at the local level and I think it has been demonstrated right here.. These men are of good conscience up here, including myself, and we are terribly torn because I want limitation of taxation and I am no different than any person in this room. I think what they have handed u.s is a bunch of gobbley-gook. So either, Morietti or our good Governor Reagan can have it and I think that is fundamentally wrong because that franchises the citizen. Yes, I am going to vote "no" on this thing, CITY COUNCIL Page Nine CONSENT CALENDAR - Item I (c) (j) 10/29/73 not because I am for not limiting taxes because I am for limiting taxes, but because I think there is a possibility that they can go back and do it right. I think that is what has to be done. I think we as citizens have the right to demand that our 1•egislators give up that kind of a limitation which is really what we are asking for. And every man up here agrees on that and the way we vote tonight is not for or against, but for some of the philosophies or some of the ideas that have been presented, but whatever else we are for we are for a limitation of the growth of government. Councilman Chappell: One thing on mandated items that will be paid for by the City, there is still a law on the books - SB 90 - that says nothing will be mandated to the cities without accompanying money. Mayor Lloyd: Don't bet your life on that! Councilman Chappell: I just say that is a law on the books and that is how I interpret it, so I don't interpret that we will be mandated on anything. That is probably where we disagree in -our philosophy. SB 90 is on the books and we will live with it and it has many good features and.I think this is just a supplement to that and that is a personal opinion. By the -way in this chamber on -Thursday evening there will be a forum here on Proposition 1, both pro and con speakers and we hope the citizens will come out and listen to what the speakers have to say. (Explained further.) Councilman Shearer: I would like to just echo what Councilman Chappell said. I would go ` one step further and encourage.the citi- zens -to attend this meeting and pay more attention to what his said there and make up your own mind based on the facts rather than the decision we may or may not favor this evening. Motion carried AYES: Young, Shearer, Lloyd NOES: Nichols, Chappell ABSENT: None on roll call vote as follows: Item I (d) Mayor Lloyd: This was with reference to a letter received from the Public Employees Union, a division of Teamsters Local 9861 and we had a presentation by Mr. Smith. Council discussion. Councilman Shearer: Mr. Mayor - this is another one that is hard to decide. I would like to be a nice guy in favor of the individual involved. I don't know him personally, but I am sure he is doing a ..fine job for the City of West Covina. The only thing I think is we have to recognize the fact that we went through, previously this year, the recognition of three employee groups and the various employees aligned themselves either with these groups or not with these groups and they selected them to represent them with management in the meet and confer sessions and as a result certain agreements were reached which this Council ratified. That was about three or four meetings back where representatives from CLOCEA came and made some allegations with regards to the things that motivate management to do certain things. They implied that this was an attempt to break up-- CLOCEA. I think if we took an action this evening to support the plea that Mr. Smith made this evening that could be interpreted as an attempt to break up CLOCEA. I made a statement at that time and I will stand by it, that nothing I do should be interpreted as favoring one organization over the other.. This particular organization has not been recognized by Council as a bargaining unit for either one CITY COUNCIL CONSENT CALENDAR - ITEM I (d) Page Ten 10/29/73 employee or several employees. It may be that next year this will come about and at that time the one individual or whoever else may avail themselves of the services of that particular group as a fourth bargaining group will come before management. I think the negotiations were held, at least on management's part, in good faith and if CLOCEA did not negotiate in good faith I think that is a pro- blem they will have to discuss with their membership. I would move that we sustain the Memo- randum of Understanding that we reached. Councilman Nichols: I will second that motion and simply say I agree with what he said. He said it all. Councilman Chappell: We have a recommendation, Mr. Mayor, by staff to refer this to the City Attorney. This motion, as I understand it, will disregard that recommendation? Councilman Nichols: Mr. Chappell, may I say that my second was based on a firm belief that Council should not put itself in any sense in .the position of negotiating salaries during the course of the year. Agreements were reached and settled. Some are unjust, there are those that are here tonight that are unjust and there are those that were overly just, and indeed I would concur that for the sake of being generous that perhaps this one was unjust, but I think it is bad business for the legislative body to reopen or even refer these type of grievances during the contract year, and that was the basis of my second. Councilman Young: I fully agree. I think it would be just about fatal to establish a precedent of negotiating individual by individual ones. The overall agreements are reached but this in no manner is to be .interpreted as a lack of sympathy to the aggrieved employee, or any kind of discourtesy to Mr. Smith, who appeared here this evening. I feel very sympathetic. I am certainly going to vote the motion ,suggested; with the rest of the Council. I don't know that this would preclude the normal grievance procedures through the Personnel $oard; I.just flat don't know, but I don't believe the City Council .has any business acting other than what has been suggested. Mayor Lloyd: Any other comments? Okay, if not I would only say I concur with the remarks said. Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None ITEM 1 (i) Mayor Lloyd: This refers to the West Covina Chamber of Commerce request of Council to declare a moratorium on approvals for any development in the Orange/Merced Plan area. Council discussion. Councilman Young: The reason I asked for .the removal of this item from the Consent Calendar my reccllection is there was somewhat of a commitment made by this Council as to the proposed development in that area and I don't know where we stand on that with this request for a moratorium. Councilman Nichols: Mr. Mayor, may I make a comment? I think 10 - ! CITY COUNCIL CONSENT CALENDAR ITEM 1 (i) Page Eleven 10/29/73 this request is not at all in keeping with the Council's action and not at all in keeping with the the understanding I have had in this matter. I think it is premature. No one has conveyed to me publicly or privately the need for a request tonight for a moratorium on this matter. I have understood in the last week or so'that there is a concern by the Chamber of Commerce and by some members of our staff, that the Council's action in redirecting this to the Planning Commission might not be in concert with the wishes of others who are working equally diligent on this matter on behalf of the City. It is my understanding that the Council did refer this back to the Planning Commission and that a certain reasonable time would be required for this matter to be reprocessed through staff and the Planning Commission, and at that time it would come back to the City Council and the Council in its wisdom at that time would reconsider' it and determine.whether there were urgencies then present that would require this matter to be held further before final determination. For my part I think it is appropriate entirely that this follow the normal routes ofthe dictates of the Council previously, with the clear understanding in law and practice that there will yet be time before the Council to consider this recommendation should evidence come before the Council that would indicate that would indeed be urgent. I think it is premature to stop the processing of government which states that this shall come again through the Planning Commission, reconsidered' -staff and back to the Council. My own personal position on this matter would be that it be for the time tabled. Councilman Chappell: Mr. Mayor - the reason for this request and I attended a meeting not too long ago that the Business Development Comm.itt?P. held and brought nut some vary strong points that dui-th +-hc_ redevelopment of our Plaza Area it is making West -Covina noticeable in the development area, where people are actually coming in now and talking to our staff about developments and projects and I admit from 1969 to now we haven't had much but we also haven't had the Redevelopment Agency and a new shopping center being built, which is stimulating the thought as far as West Covina is concerned. I believe right or wrong that this was coming to us because there is a project that the Council heard and delayed for two weeks at the last meeting - trailer coach sales, a restaurant, etc., going in this area, and the thinking of the Chamber of Commerce and those investigating with them, is that this land could probably be put to much better use overall rather than piecemeal. I would like to have us really look at this 90 day recommendation. We have been since 1969 with nothing happening to that property. At this meeting I attended and Councilman Young was also there, there was an indication from project developers of something that would really be of interest to the gateway of West Covina from L.A., and with the stimulation of the shopping center now underway it really has changed the whole picture of the zoning of the Orange/Merced Plan. So I favor looking .at this. Had I not been at that meeting I may have been a little apprehensive on this, as here is another crack that we have had in 1969 or at least the thinking we had in 1969 to stop some sort of development, but I don't feel that way now. I feel there is a lot of activity going on and some very fine things are being -looked at for West Covina and I think we should allow the Chamber of Commerce's committee to develop those plans and the asking of 90 days is not too much. I also agree with Point 2, that the contract we are negotiating with Williams & Mocine should be CITY COUNCIL CONSENT CALENDAR - ITEM 1 (i) Page Twelve 10/29/73 expanded with the redevelopment area and the Orange/MerAd Area and really give us some idea of what the potentials of that area being included in the Redevelopment Area are. Councilman Nichols-: Mr. Mayor, if I may,just add another word or two. I don't believe I got the point across that I tried to make and I would like to try it once more. I don't think there is any philosophical difference between what Councilman Chappell said and what I said. We had a public hearing before this Council at our last regular meeting and the Council voted on the record as a result of the public hearing that this proposal had some merit and there were some questions in our minds,as indeed there are, and as a result of that public hearing we referred this matter back to the Planning Commission for restudy and rehearing on the application, at which time additional public input would be available that might indicate to the Commission'and the Council any legitimate reason why this project should be held up, any legitimate reason why there should be a moratorium. There has been no public input before any legal body of the City of West Covina, either the Council or the Planning Commission, since our last hearing that would in any way provide any evidence to indicate the imposition of a moratorium here tonight. Any such action would be the result of private input to individual Councilmen, resulting in a change in their position. I have had no such input. I don't think anyone here has had that kind of input. Such input would normally come as a result of additional staff study, additional Planning Commission hearings and other recommendations to the Council; and at that time when it would come back to us if that evidence were there,.if it was indicated, the Council could vote then, 60 days or 90 days from now to impose a moratorium on this matter. But I have no input, no evidence since the last hearing that we should now clamp down and say suddenly we have been inspired and we should put a moratorium on. I think it is bad politics, bad'considera- tion and a bad recommendation to come in here tonight with this kind of a recommendation until this has had a chance to go back before our Planning Comm'ssion and what .evidence may be available is presented through the proper channels. I have had some second thoughts as some of you have had, but I think it would be awfully premature to act on a Chamber recommendation in advance of any further study or recommendation by our city bodies. That is all I have to say. Councilman Young: had to leave a little early, Mr. Chappell was asked point are you opposing the Hanich was the answer was "no". I to moratoriums before I had leave the correct impression Mr. Mayor, I would like to respond to Councilman Chappell. It is true I attended the meeting, unfortunately I but it seems to me I recall blank at some point in that discussion - development here, and my recollection don't think the discussion got around to go. Is that correct, Ken? Did I or not? Councilman Chappell: The group making the recommendation for 90 days is not the group we sat with. This is Stan Smith's group, as I understand it, and they are here in the audience.- Mayor, can we call them up? Councilman Nichols: Mr. Mayor, this was a Consent Calendar item that was held over for discussion by Council. Mayor Lloyd: Okay, you have an objection from the Council. Go ahead, Mr. Chappell. - 12 - CITY COUNCIL CONSENT CALENDAR - Item 1 (i) Page Thirteen 10/29/73 Councilman Chappell: The President has signed this, so the whole Chamber is now involved in asking for this delay. I believe what you said is a true statement but as I understand it they would like the Williams & Mocine Economic Base Study to include this area. 1969 was the last time since anything has happened in that area. I think we should really take a look at what the Chamber is coming up with and perhaps have a meeting with them and hear what they have to • say and then go forward. Councilman Young: Well, everything being what .it is I would join in a motion at this point to table. I think you are right Mr. Chappell, and I think Mr. Nichols is also correct, I don't think we are going to give anything away because anything that happens down there will be subject to hearings and will eat up more than 90 days anyhow. So I think the intent of what the Chamber is asking is being carried out anyhow. Councilman Shearer: I will go along with the current that appears to be developing. I think the thing that would persuade me to vote "no" on the Hanich development rather than another report that says we ought to have at that location a 20 story Hilton Inn, is a concrete proposal. If someone comes in and says he wanted to put in an industrial park, or I want to do this or that, if between now and the time it comes to finally approving a precise plan and a zone change that we have something other than just wishes and desires, (which we all have), but wishes and desires don't get rid of the blight at that end of town. So putting a moratorium on it for 90 days hoping that something will happen, well we have been hoping for many years now, ever since that property was created, but if something appears concrete - fine, then we will consider changing but until that comes about I think we should proceed in instructing the Planning Commission to look at it.. We will have another hearing .by this body on the evidence presented and we will listen to it and decide then. Councilman Chappell: One thing on something concrete being brought before Council - the first year I was Mayor we were deeply involved in the redevelopment project and I actually thought during that tenure I would stick a shovel in the ground and see that thing underway. Well we now have had my second term, Bob has had his term and Jim is darn near over half way through his term and the shovel still hasn't been stuck in that ground to start construction, but we know it is here. And it just doesn't happen over night. Since 1969 there has been no reason for anyone to develop that area. As I look at it speculators went in and bought the land up that was for sale and I. find no fault with that, they will all make some money out of it now or next year, but I think now that we have a selling tool in our hands - and if you have ever been in the selling game, if you have a tool in your hands to sell with it is better then a blank piece of paper, and right now we have that tool and that tool is the fifty-five million dollar shopping center. I think it takes a little development, a little work and a little advertising, which is actually going on through word of mouth today. Mr. Eliot can tell you that people are contacting him and I am sure Mr. Zimmerman has had people contact him with ideas of coming to West Covina, and I can only say we have waited since 1969 so 90 days'isn't going to close the door to Mr. Hdnich or anyone else who may have a proposal. I have counted the vote and I might say I don't like being on the short end all night.... Councilman Nichols: Switch! Where does the 1969 thing 13 - CITY COUNCIL Page Fourteen CONSENT CALENDAR - Item 1 (j) 10/29/73 come in - was that the industrial park zoning? Councilman Chappell: Yes, that is what I am referring to. Councilman Shearer: Correct me, but I believe it is not zoned industrial park, I'believe it is presently zoned residential. Mayor Lloyd: We are talking about the General Plan. Mr. Zimmerman.: The Orange/Merced Plan is actually dated .1969 and that is the specific plan which he refers to. I Councilman Young: I am willing to bet $10. that Councilman Chappell waits at least 6 months before things are really concrete down there, anything. Mayor Lloyd: 'I hope you are right that he does have the 90 days, but one of the things that has to occur and I am led -to believe, correct me if I am wrong, is that there was some sort of an unofficial agreement as far as this body is concerned, but an agreement in the Business Community that they really would like.a 90 day moratorium to which most of the parties, maybe all, but most of the parties, Mr. Brutocoa and I believe Mr. Hanich were involved, and I am repeating heresay at this point, but whether there was a direct approval or a tacit agreement I don't know, but that we have an opportunity to develop this thing. And as Ken has pointed out the iron is hot and when you are hot you are hot, so let's go forward and see if we can bring the people into this triangle area. Now there;is no one more willing to go forward right now if the best we 1.. L. L LL. L Ll. .. .0 .0 lU L 14 4 l-.. L7 -. +. 4 U .7 arc 9-bing o 11lave at l.11is polo -nit,.. is tr llc otter l.ilaL. .•line llanl CAI ma - then I am for it. I stated that and I am not going to back off of that position, but apparently it isn't the best we are going to get as far as an offer is concerned if we have an opportunity to develop the whole thing. Now in no way does the 90 day hold over situation... Councilman Nichols: Excuse me - we have'an offer to develop the whole thing? 'Mayor Lloyd:I understand there is an agreement among the people to do these things. This is merely heresay - which I believe I already stated. Councilman Chappell: I have not heard that. Mayor Lloyd: The point I make on the thing is.that there are interests being generated that in no way will be affected by the 90 days. At the end of the 90 days we can go forward, give it to the Planning Commission, which is what I intend to do anyway, and then we can go forward at the end of that time and go to the Planning Commission, which in my opinion is the correct way to go, through the normal processes of the whole City - go right through the process again. And at that point we can take a look and afford everyone an opportunity to get their ducks in line, make their offers and we can see if we have any bona fide offers, and I only ask the same question Ken asked - what will it hurt if we get an offer? But if - we promptly go into the Planning Department I would have to say if it was up to me that I would have to do it with a certain amount of expeditiousness to get that back out into the Planning Commission for them to react to it and right back up here again; frankly I don't think that procedure will take 90 days. I agree with Ken, that we should give it the 90 days, now if you can guarantee to me that it - 14 - CITY COUNCIL CONSENT CALENDAR - Item 1 (j) Page Fifteen 10/29/73 'Will take the 90 days I will vote right along with you, gentlemen. Councilman Young: I can't guarantee the 90 days. But this is what bugs me - Hanich and his group came along with a proposal which has a lot of loose ends and the Planning Commission turned it down on a staff recommenda- tion and the staff recommendation is based on this industrial park overlay that has been projected -down there and Hanich's plan didn't seem to fit it - that is staff's position. It goes through a Planning Commission hearing and I wasn't at that meeting and I am sorry I wasn't, and then it comes to the Council and we apply our wisdom to it and say we know it is time to do something. The only testimony in hearing against it wasn't even against it. Louie Brutocoa stood up and said I am not against it but I would like to have you take a look at Meeker Avenue. Don't tell me all this interest has generated in the last two weeks. Mayor Lloyd: I think it has. Councilman Young: I find that a little incomprehensible because two weeks ago when Ken and I were at this meeting where at that point the question was asked point blank - are you opposed to the Hanich thing and the answer was "no", and then this moratorium comes along even after that. The landowner, the man who is spending his money and trying to put a package together and he is still acting right at this moment in good faith, is probably trying to work out the problems on Meeker Avenue and get his precise plan precised, etc. He has a right to some kind of expectations, to a fulfillment, particularly when we gave him a commitment like we did. Mayor Lloyd: I gave him no commitment. Councilman Young: I am just not inclined to weasel out of it one way or the other. My comment would be that the concerned parties get toget:er with Hanich and his group in a hurry and get some kind of unity of feeling there. I doubt that they would get in a fight, I suspect'they might find communication,particularly if plans like this are coming.along. Conncilman Shearer: This was what I was going to comment on. J am sure if there is some grandiose plan around the corner that Mr. Hanich would be very receptive, if there is a high rise or something like that, it might be more financially attractive to him than a recreational vehicle lot. So maybe it will work out itself without us imposing government. We have already talked about government being too big this evening and saying that you can'.t do it because we want a moratorium on something that yet hasn't been proposed to. US. We haven't seen an approved precise plan. Here we are having a moratorium on a vague idea somebody has. Let's wait until there is something we can put our teeth into. Maybe it will work out and we wouldn't have .to get involved. Motion by Councilman Nichols that Item I (j) of the Consent Calendar be tabled. Seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Young, Nichols, Shearer NOES: Chappell, Lloyd THE MAYOR CALLED ,A .RECESS AT 8:40 P.M. F 1 � 1 - 15 - COUNCIL RECONVENED AT 8:50 P.M. CITY COUNCIL Page Sixteen GENERAL AGENDA ITEMS 10/29/73 PUBLIC WORKS GLENDORA AVENUE STREET VACATION WICKES FURNITURE STORE and PRECISE PLAN NO. 636 ACCEPTING CORPORATION GRANT DEED WICKES FURNITURE STORE LOCATION: Southwest,corner of State Street and Glendora Avenue. (Council reviewed Engineer's report) (Mr. Zimmerman stated Items 1 and 2 essentially cover the same situation and both resolutions could be handled simutaneously.) LOCATION: Glendora Avenue, Walnut Creek Parkway, Garvey Avenue, State Street. (Council reviewed Engineer's report'.) RESOLUTION NO. 4800 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY" COUNCIL OF THE CITY OF WEST COVINA VACATING AND ABANDONING A PORTION OF A STREET WHICH HAS BEEN SUPERSEDED BY RELOCATION. (Glendora Avenue)." RESOLUTION NO. 4801 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING A CORPORA- TION GRANT DEED EXECUTED BY WHEELING LEASING, INC., AND DIRECTING THE RECORDA- TION THEREOF." .Motion by Councilman Shearer, seconded by Councilman Young and carried, to waive further reading of said Resolutions. f Motion`,by Councilman Shearer, seconded by Councilman Chappell, to adopt R;;jd Reso,I.1itj nn.q, and. rArried on roll nal 1 7nta .ac fn11nY.ic AYES: Young, Nichols, Shearer, Criappeii, Lloyd NOES: None ABSENT: None EXECUTION OF QUITCLAIM LOCATION: Batelaan Avenue. DEED _(Council reviewed Engineer's report) REDEVELOPMENT AGENCY RESOLUTION NO. 4802 -The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A CORPORATION QUITCLAIM DEED AND DIRECTING THE RECORDATION THEREOF." .Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Shearer, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None 40INTENT-TO VACATE A PORTION LOCATION: Between West Covina Parkway OF BATELAAN & SYLVAN AVENUES and Garvey Avenue. (Council reviewed Engineer's report.--) RESOLUTION NO. 4803 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO VACATE A PORTION OF BATELAAN AVENUE AND SYLVAN AVENUE. , .. - 16 - CITY COUNCIL Page Seventeen Public Works: Vacate Batelaan & Sylvan Avenues 10/29/73 (City Attorney advised the Resolution sets the Public Hearing for November 26, 1973.) Motion by Councilman Young, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Young, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None RECREATION & PARKS COMMISSION 1974 STATE PARK BOND ACT Mr. Aiassa: Council has received a (Staff Report) written report from the Recreation and Parks Commission. Councilman Young: This is one of those routine matters that just brings us into conformance with the State Law requirements? Mr. Wakefield: Yes, it is. Motion by Councilman Young to accept the motion of the Recreation and Parks Commission, that the 1974 State Park Bond Act monies be distri- buted through a per capita formula to the cities in Los Angeles County. Also, that this action be sent to the Board of Supervisors for their perusal. Seconded by Councilman'Shearer and carried. ORAL COMMUNICATIONS None. CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RELATING TO CLAIMS AGAINST THE CITY OR ITS OFFICERS OR EMPLOYEES." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Shearer, to introduce said Ordinance. Councilman Young: Mr. Mayor, one comment. I am going to vote against this for the reason I have never been persuaded that these notice sections serve a useful purpose. They tend to limit claims, but sometimes they limit good faith people right out of their legitimate rights. Councilman Nichols: Would you elaborate on that a bit? Councilman Young: Basically Section 900 of the Government Code makes certain requirements pri- marily in the field of torts - automobile accidents and that sort of thing. First of all within 100 days after the right occurs you have to give notice to the governRen,t body involved in ,your claim, and I am sure you have noticed that we get a lot of - those here where it involves our city personnel, and if you don't give that notice within a 100 days then your claim is lost unless there is some legitimate excuse or disability which precludes that notice being given. And, thereafter, you have to file suit within 6 months after the claim is rejected. Normal statutes of limits is - 17 - CITY COUNCIL Page Eighteen CITY ATTORNEY: Ord. Introduction 10/29/73 a year and this is what the vast majority of people rely on and I hate to see a legitimate claim lost on the basis of a technicality. Councilman Chappell: But the part we are voting on tonight, Mr. Mayor, I believe covers public identities, fees, salaries, wages, compensations - so we are talking about inhouse things and not the people out on the street who have no knowledge of how this is done. Councilman Young: I am not going to argue the point, it was just a matter of principle and I will not go along with it. Motion carried. Councilman Young voting Ilnay. 11 ORDINANCE NO. 1231 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3190 OF THE WEST COVINA MUNICIPAL CODE RELATING TO AN INCREASE IN MAXIMUM SPEED LIMITS." (Sentous Avenue from Valley Boulevard to Hollingworth Street - 35.MPH.) Motion by Councilman Shearer, seconded by Councilman Chappell, and carried to waive further reading of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Ordinance and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None AN- Wall cfi^ld: ORDINANCE INTRODUCTION Mr, Mal7nrfhe Raenda doesn't show it but there is another Ordinance that goes along with this that decreases the maximum limits. It is entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3190 OF THE WEST COVINA MUNICIPAL CODE RELATING TO A DECREASE IN MAXIMUM SPEED LIMITS. (Sentous Avenue from Valley Boulevard to Hollingworth Street.) Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to introduce said Ordinance. RESOLUTION NO. 4804 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING A VARIANCE. (Variance No. 700 - LaPuente Congregation of Jehovah's Witnesses.) Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Shearer, to adopt said Resolution.and carried on roll call vote as follows: Councilman Nichols: Mr. Mayor a question of Mr. Aiassa. Has there been any contact with the City by Jehovah's Witnesses indicating.they might f CITY COUNCIL CITY ATTORNEY: RE.J. #4804 Page Nineteen 10/29/73 desire to bring back this matter with a request for a change in the development standards of the City? Mr. Aiassa: I have not received any in my office, but I will check with Mr. Zimmerman. (Mr. Zimmerman advised he had received none.) Mr. Wakefield: Mr. Mayor, several days following the hearing one of the individuals who appeared here, did call me with reference to the matter. He was concerned about some technical aspects of the procedure but did not indicate whether or not they were interested in pursuing a request. AYES: Nichols, Chappell, Lloyd NOES: Young, Shearer - ABSENT: None RESOLUTION NO. 4805 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA FIXING THE COMPENSA- TION FOR THE DEPUTY DIRECTION OF EMERGENCY SERVICES. (Ross Bonham)" Mr. Wakefield: asked that I point out to you as of July 1, 19731 to permit State ;share of the salary. This resolution is necessary to fulfill our commitment requests from the State Civil Defense Board and the Clerk has that the salary fixed will be effective the City to be reimbursed for the Motion by Councilman. Shearer, seconded by Councilman Chappell and y +rric.7 to w-.i ve fµr+hur rearJng of S3JA P c 01.1tic- . Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: Young, Shearer ABSENT: None AZUSA WESTERN, INC., Mr. Wakefield: Mr. Mayor and members of Vs L.C. CONSTRUCTION the Council, I have out - CO. INC., and the lined in a letter to you the situation as CITY OF WEST COVINA it relates to this particular item of LASC NO. EA C 9428 litigation. I suppose every attorney who ever loses a case thinks the court was wrong, but in this particular instance I am so convinced of it that it is my.recommendation that you authorize an appeal to the District Court of Appeals in this case. The court adopted a theory of liability on the part of the City, which I think really is not justified by the statutes.of prior judicial definition. It does involve something over $17,000 in money so far as the City is concerned and the action arose out of a 1911 Act proceeding. It is not the kind of a situation where the City has collected money which in good conscience owes to the contractor. It is one of those cases where the contract- or himself defaulted on his obligation, the bonding company posted a release bond to release the balance of the amount due to the con- tractor so the work could" -be completed, which was done, and then before the claims of the material men were paid some twb'years later the bonding company itself went into receivership and some of the - claiMants:were unable to collect upon the labor and material bond and the argument was made at the trial court finally that the City .was somehow remiss in accepting the same bonding company for the issuance of the release bond as it had accepted for the labor and material bond and entered judgment for the City. The case was tried - 19 - CITY COUNCIL Page Twenty CITY ATTORNEY: LASC NO. EA C 9428 (Litigation) 10/29/73 i I upon the stipulated statement of facts, there was no default as to the circumstances so there is no complicated record to prepare for the appeal. It is simply a legal question as I see it and one that I feel we are justified in asking the Distri.ctCourt to review. So moved'by Councilman Chappell, seconded by Councilman Shearer. O.Councilman Chappell: A question, Mr.•Mayor. Is there anyway that we can legally require a certain rating for bonding companies,or anything like that, so things like this do not happen? Mr. Wakefield: Mr. Mayor and members of the Council, a bonding company that is qualified to do business in California is required to register with the County Clerk's office. The County Clerk keeps a. list of approved bonding companies, that is companies authorized to write bonds in California, and the limit to which their bonding capacity goes, and all public agencies, I think, rely upon that list of bonding companies on file in the County Clerk's office in deciding whether or not a particular bonding company is qualified. Perhaps there is some way to check behind that record, but I really don't know how that would b6 done. Councilman Chappell: I didn't realize the County did than and kept a limitation.... Mr. Wakefield:. In other words some bonding companies may be approved to write bonds up to $100,000; another bonding company goes up to a million dollars. r I Motion carried. i COLLEGE WORK STUDY Mr. Wakefield: Mr. Mayor and members AGREEMENTS/INTERN of the Council, the PROGRAM City has received Work Study Program Agreements from Pomona College and Mt. SAC College, also Cal -Poly; and those agreements are in a form which meets the legal requirements. They provide in essence for reimbursement to the City for a major portion of the cost of students assigned to work in City Depart- ments. Motion by Councilman Young to approve the three college work-study agreements as stated in the written report dated October 29, 1973; and authorize staff to proceed immediately to implement the respective agreements on behalf of Administrative Intern Richard Rivera; Planning Intern Ruben Lopez; and Recreation Leader Dave Rogers. This motion is based on the understanding that the City will be obligated to pay students -employed under these agreements no more than the following respective percentages of their salaries, the remainder being paid by the college: Pomona College - 20% (80% paid by college) Cal Poly Pomona - 20% (80% paid by college) Mt. San Antonio College- 35% (65% paid by college) . Seconded by Councilman Chappell. Councilman Shearer: We are now approving this and I assume all three individuals are on board and have been for sometime - has this resulted in their not being paid for pre0 ous service or does that complicate the matter? Mr. Wakefield: No sir, they have been paid by the City from city funds. What the agreements - 20 - CITY COUNCIL Page Twenty-one CITY ATTORNEY: Cullege Work Study Agreements will provide for is continuation of employment with reimbursement to the City for a portion of the salary costs expended by the City. Councilman Shearer: Have these three employees been paid regularly? Mr. Aiassa: Yes sir. Mr. Butzlaff:- Mr. Mayor and members of the Council, two of the three employees are currently employed by the City and the Work Study Program Agreement would allow the City to be reimbursed for a major portion of their salary. However, the third individual in questipn is just beginning his internship representing Pomona College and has voluntarily given a week,of his time without compensation. Councilman Shearer: But the other two employees have been paid? Mr..Butzlaff: Yes, they are regularly staffed employees.• The Work Study Agreements are intended to facilitate an expansion of our intern program. This is based upon the evaluation of the student by the Agency, which is the college, of his financial need. Four out of five of the students participating in the intern program will be serving the City for academic credit only and no compensation, but in the case of students like Mr. Rivera, there is a stipulation that they will not be able to participate due to financial need without the Work Study Agreement. Motion carried. ELECTION CODE Mr. Wakefield: The last session of the SECTION 22843 legislature adopted a statute which authorizes the City.to impose.a filing fee for filing nomination papers of candidates for elective city offices. I simply call it to your attention should you desire to implement this statute. The statute fixes a maximum of $25.00 on the filing -fee. It can be any amount less than that or you do not need to fix anything for that purpose if you so desire. The matter is complicated somewhat by the fact that legislation also adopted at the last session of the legislature has moved up the date for election. The election next year will be the 5th of March, which means -nomination papers for candidates can be'filed beginning the 6th of December and the final date for filing will be the 27th of December. If you desire to impose the filing fee then it would be necessary -to have the ordinance at least introduced this evening in order to have it effective in time for the forthcoming election. Councilman Chappell: Mayor Lloyd: Mr. Aiassa: Mayor Lloyd: 0ouncil-man Shearer: Mr. Wakefield: What is the purpose? Mr. Aiassa, you have a question? That is a question for the City.Attorney, it is on his agenda. Well who recommended this in the first place? Mr. Wakefield, isn't the purpose in theory at least to discourage people from proliferation of candidates for the various offices? Yes, I think it is an effort to require some evidence that the candidate is.a - 21 - CITY COUNCIL Page Twenty-two CITY ATTORNEY: Eiection Code Sec. 22843 good faith candidate. The amount of money is not substantial enough to discourage a candidate that really wanted to file nomination papers and may prevent the filing by people who really have no intention of conducting a serious campaign. Councilman Shearer: Mr. Mayor, I am opposed to this, not because I may have to pay the fee but I don't think West Covina in the past has experienced a problem with candidates filing just for the lark of having been through a campaign. There may be some less serious than others but I think an .adoption of a filing fee would be interpreted as an attempt to try and keep them from meeting our seats. On the other hand I don't think anyone who is seriously interested in the job would ball-, at paying $25.00. However, I think the fact we have gotten along this way in West Covina for 50 years without a filing fee we can go a few more years. Councilman Young: I will join Councilman Shearer's comment - I would like to save that $25.00 too. Councilman Chappell: We may be lousing up Mr. Aiassa's budget a bit because I think this is General Fund money, but I go along with the consensus of wait and see. Councilman Nichols: Well if I really thought that the position taken had been to save the incumbents $25.00 I would vote "no" on the principle, but I am sure the motivation is much more notable and I concur. It is true there have been a few filings that were .not serious, on the other hand there may have been some very serious peopletruly deferred by the $25.00. Councilman Young: I move that the item be tabled. Seconded by Councilman Shearer and carried. Councilman Young: Mr. Mayor, a question of Mr. Wakefield. When does that legislation become effective which advances the election And the filing date? Mr. Wakefield: The legislation becomes effective by the first of January. Councilman Young: How can it work retroactively? Mr. Wakefield: That is a good question; on the other hand if it doesn't operate to advance also the date for the filing of nomi- nating papers then you end up with a situation where by'the time the first of January rolls around it is too late to file nominating papers. Councilman Young: Does the legislation specifically say effective with Municipal Elections in i 1974? . .. Mr. Wakefield: Yes, it .says the election date for the 1974 election is changed from April to March. Councilman Young: Does that cut short the terms of those 22 - R CITY COUNCIL Page Twenty-three CITY ATTORNEY: Election Code Sec. 22843 i 'of us that thought we were going to serve up until the middle of April? Mr. Wakefield: •LEASE SPACE 'STATE OF CALIFORNIA & CITY OF WEST COVINA earlier this evening? Yes sir. Your terms will expire when the votes of.the election are canvassed, one week after the fifth of March. Mr. Wakefield: Mr. Mayor and members of the Council - does the City Council desire to approve the lease space between the State of California and the City of West Covina as I outlined Councilman Young moved approval, seconded by Councilman Shearer and carried. THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 9:22 P.M. FOR THE PURPOSE OF CONDUCTING THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND THE PARKING AUTHORITY MEETING. THE COUNCIL RECONVENED AT 9:31 P.M. CITY MANAGER WILLIAMS & MOCINE PROPOSED CONTRACT Mr. Aiassa: Council has received a written staff report on this item. Councilman Young: Mr. Mayor - we have had this earlier discussion this evening and a recommendation that the proposed contract be expanded to include the Orange/Merced area - when do we act on this or is this the proper time to consider it and'if we do would that tend to revise our cost estimate here cif $i2, v.Gv? _. i Mr. Aiassa: This was the initial agreement for the Redevelopment Agency and now we have to make the new proposal to Council for the Orange/ Merced Area. In talking with Mr. Williams he doesn't feel within the $121000 he would have enough funds to expand the new extensive study suggested. Councilman Young: So"we may anticipate this coming before us in the future, possibly expanding the area of research and the cost involved - is that right? Mr. Aiassa: Yes. Councilman Nichols: I would like to call the Council's attention to the final paragraph before recommendation, where it states "the Planning Commission approved the contract with the stipulation that the final area boundaries for the proposed study be submitted by the consultants to the Planning Commission for review." It might be possible as the consultant reviews the area that there might be some lesser priority area that might be deferred for the present and that the Orange/Merced might be incorporated without a significant cost increase in the ,Area suggested amount. Mayor Lloyd: I.would concur with that. Are there any further comments? We have a recommendation that the City Council approve the agreement with Williams x Mocine and authorize the execution of the contract and the budget for this shall not exceed $12,000. - 23 - CITY COUNCIL Page Twenty-four CITY MGR.: Williams & Mocine Contract 10/29/73 Councilman Young: I move the recommendation with some degree of reluctance, Mr. Mayor, I dislike the proliferation of studies by consultants, but this is a major area of discussion at the recent Committee meeting that Councilman Chappell referred to earlier and I believe this study has merit, particularly in light of the developing interests in West Covina as a result of our Redevelopment Agency, so I move the recommendation. • Seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None -ABSENT: None FIRE PUMPER Mr. Aiassa: Council has received a APPROPRIATION REQUEST written report. Motion by Councilman Young to authorize the appropriation of $8500. of revenue sharing funds to provide support equipment for the diesel fire pumper; seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOBS: None ABSENT: None HUMAN RELATIONS COMM. Motion by Councilman Nichols to approve REQUEST the request of the Human Relations Commission to send two Commissioners as representatives to the November 3, 1973 planning meeting in Riverside, California, cost not to exceed $25.00 per Commissioner. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd iNUES : None ABSENT: None REA - Report Mr. Wakefield: Mr. Aiassa: Council has received a:copy of the final- draft of the REA along with a summary sheet on the items of .revision. I believe the City Attorney will now agree that we are ready to negotiate an REA with the members of the development area - is that correct, Mr. Wakefield? Yes, that is correct. Councilman Shearer moved approval, seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None W.C. CHAMBER OF COMMERCE (Council discussed date and time) JOINT MEETING REQUEST Motion by Councilman Young, seconded by Councilman Shearer, that the joint meeting with the Chamber of Commerce be included with the Special Meeting of Council on November 51 1973 at 4 P.M. Motion carried. . EXECUTIVE SESSION -(Mayor Lloyd called the executive session Re Personnel Matters at 9:45 P.M. Council reconvened in the Council Chambers at 10:05 P.M.) Mayor Lloyd: The first item of discussion with an agreement with the Minutes Clerk, which will be worked out by Mr. Aiassa. 24- CITY COUNCIL Page Twenty-five EXECUTIVE SESSION 10/29/73 The second item of. discussion was with regard to the Youth Commission wherein we are planning meetings with the repre- sentatives of the School Student bodies, the schools themselves, and past Youth Commission members, and Mike McDonnell of the press. .We hope to have that meeting the 8th and we will let the Council know if they desire to be in attendance. The third item was the recognition of holding over the Jewish High Holy Days - we recognize we will draft a resolution which will recognize the Temple as an integral function of the City. I know you gentlemen -are here on this item - does someone wish to speak to that issue, although it has been covered. (No one wished to speak.) ' MAYOR'S REPORTS PROCLAMATION: Mayor Lloyd: If there are no objections by Council, I will proclaim the week of November 3 - 91 1973 as "Narcotic Education Week." So proclaimed. COUNCILMEN'S REPORTS/COMMENTS Councilman Chappell: One statement to make to my fellow Council- men. I am not a candidate for the Supervisor's job as alleged in the paper and I want you to know I will be around for any ribbon cutting, door open- ing and things like that as long as my term is in existence. DEMANDS Motion by Councilman Shearer to approve demands totalling $9011,216.89 as listed on Demand Sheets C917 through 920; D595A through 597A and C853A. �. Seconded bV Councilman Younq and carried.on roll call vote as follows: AYES: Young,Nichols, Shearer, Chappell,Lloyd NOES: None ABSENT: None ADJOURNMENT Motion by Councilman Shearer, seconded by Councilman Young and carried, to adjourn this meeting at 10:35 P.M., to November 51, 1973 at 4 P.M. APPROVED: ATTEST: CITY CLERK MAYOR - 25 -