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)
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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-
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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
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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..
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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
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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,
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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
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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
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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
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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
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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.
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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.
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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
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