12-10-1973 - Regular Meeting - MinutesY L
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
DECEMBER 10, 1973.
The regular meeting of the City Council called to order at 7:33 P.M.,
in the West Covina Council Chambers by Mayor Jim Lloyd. The Pledge
of Allegiance was led by Sarah Drooks, Mary Fehn and Jolea Rucker of
Girl Scout Troop #427, California School. The invocation was given by
Reverend Steven Lowrance of St. Christopher's Church.
ROLL CALL
Present:
Mayor Lloyd; Councilmen: Young, Nichols,
Shearer, Chappell
Others Present:
George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
George Zimmerman, Public Services Director
Leonard Eliot, Controller
John Lippitt, City Engineer
Michael Miller, Planning Director
Harry Thomas, Traffic Engineer
Craig Meacham, Ass't. Police Chief
Jeff Butzlaff, Administrative Analyst
Mike McDonnell, Staff Reporter - S.G.V.D.T.
APPROVAL OF MINUTES
November 5, 1973.
Motion by Councilman Shearer, seconded by
(Adj. Reg. Mtg.)
Councilman Chappell and carried, to approve
November 26, 1973
minutes as submitted.
(Reg. Mtg.)
CONSENT CALENDAR
Mayor Lloyd explained the procedure of the Consent Calendar items and
asked if there were comments on any of the following items:
1. WRITTEN COMMUNICATIONS
a) J. E. Skelton
1326 E. Greenville Drive
West Covina
b) San Gabriel Valley
Y.W.C.A.
1600 W. Cameron Ave.,
W.C.
c) CEDU Foundation, Inc.
2. PLANNING COMMISSION
Summary of Action
10 Administrative Review
Board
3. RECREATION & PARKS COMM.
Re turning ott certain street lights
to hold in the energy shortages.
(Refer to Staff)
Request for non-profit Corporation
Business License (exempt) (Recommend
approval subject to review by City
Attorney)
Request for renewal of Charity
Solicitation License. (Approved in
prior years. Recommend approval)
December 5, 1973. (Accept and file)
Slight Modification No. 74 (Call up
or Receive and file)
Summary of Action November 27, 1973. (6 PM Adj. Reg. Mtg.)
Receive and file)
Summary of Action November 27, 1973. (Reg. Mtg.) (Accept
and file) (Action Item under City
Attorney's Agenda, Item #F-6)
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CITY COUNCIL
Consent Calendar - Cont'd_
4. PERSONNEL BOARD
Minutes
Ac.tion.Item from 12/4/73:
Page Two
12/10/73
October 301 1973. (Receive and file)
Refer to City Manager's Agenda,
Item H-2.
0 5. CLAIM FOR DAMAGES FILED WITH CITY CLERK:
William X. Madden, Attorney for Billy Charles Monahan, re
personal injuries on or about
September 11, 1969. (Deny and refer
to City Attorney and Insurance Carrier)
Motion by Councilman Nichols, seconded by Councilman Shearer, to
approve Consent Calendar items.' Motion carried on roll call vote as
follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
Councilman Young: Mr. Mayor, a question on the claim for
injuries - this is a claim of September 11,
1969 and I wondered what basis there is for
it coming in at this point in time.
Mr. Wakefield: This claim involves a situation in which I
assume from the facts presented that the
attorney representing the claimant thought
the claim was covered by a Workmen's Compensation Insurance and the
matter has been dragging on until a final determination was made and
it is now evident it isn't covered and so the claim was filed and
obviously' .t is too late under the State statutes. I believe the only
alternative would be to now make application to file a late claim.
GENERAL AGENDA ITEMS
AWARD OF BIDS
BID NO. 74-25 Bids received in the Office of the Purchasing
FIRE PUMPER SUPPORT Agent up to 10:00 A.M. on Wednesday,
EQUIPMENT November 21, 1973, and thereafter publicly
opened and read. Held over from 11/26/73
to this date.
City Clerk advised two bids were received as follows:
Halprin Supply Co., $13,102 less 2/ deduction for award of
all items - Total $12,840.
Western Fire Equipment - Incomplete Bid, No performance Bond.
Motion by Councilman Young, seconded by Councilman Nichols, to award
the bid to Halprin Supply Company to provide support fire pumper
equipment and replacement hose in the amount of $12,840. Motion
carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, "Lloyd
NOES: None
• ABSENT: None
PUBLIC WORKS
EARLY RELINQUISHMENT LOCATION: Sunset Avenue and Sunset Place,
OF GARVEY AVE. & south of the freeway; Garvey Avenue between
SUNSET PLACE Sunset Avenue and California off -ramp.
Re an agreement with Department of Transporta-
tion for early relinquishment of the roadway
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CITY COUNCIL
Public Wks: Relinquishment of Garvey Ave., Page Three
& Sunset Place 12/-10/73
to the City. Council reviewed Engineer's
report.
RESOLUTION NO. 4811 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REQUESTING EARLY RE-
LINQUISHMENT OF CERTAIN FRONTAGE ROADS."
Motion by Councilman Chappell, seconded by Councilman Young and
carried, to waive full reading of said Resolution.
Motion by Councilman Chappell, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Young, Nichols, Chappell, Lloyd
NOES: None
ABSENT: None
ABSTAIN: Shearer.
WEST COVINA SEWER MAIN- LOCATION: Southerly annexation District No.
TENANCE DISTRICT 217 (Merced and Hollenbeck)
UPDATING Council reviewed Engineer's Report.
RESOLUTION NO. 4812 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA REQUESTING THE EXCLUSION.FROM
THE COUNTY UNIFIED SEWER MAINTENANCE DISTRICT
OF CERTAIN TERRITORY ANNEXED TO THE CITY OF
WEST COVINA."
Motion by Councilman Chappell, seconded by Councilman Shearer and
carried, to waive full reading of said Resolution.
Motion by Councilman Chappell, seconded by Councilman Shearer, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
FREEWAY WIDENING LOCATION: Orange Avenue and West Covina
RELOCATION OF FACILI- Parkway.
TIES AT CAL STORES Council reviewed Engineer's Report.
PARKING LOT
Motion by Councilman Young, seconded by Councilman Chappell, to
approve payment of $3,120.50 from Account No. 133-72003, Freeway
Widening Account, to Cal Stores for the relocation of the sign and
parking lot lighting standards. Motion carried on roll call vote
as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
UNDERGROUND UTILITY Motion by Councilman Chappell, seconded by
ADVISORY COMMITTEE Councilman Shearer and carried, to receive
and file inBrmational report.
YOUTH ADVISORY COMM. Mayor Lloyd: Gentlemen, you have some
(Also Item 2 of Agenda information on this - is
Item K) there any discussion?
What should we do to get this underway?
Councilman Shearer: Mr. Mayor - I am prepared to raise some
questions on this item and generate some
discussion and then perhaps someone can convince me. Some of the
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CITY COUNCIL Page Four
Youth Advisory Comm. 12/10/73
items I quest on---,�n"~t°alibi proposal, one - the specific limiting of
members of the Commission to Seniors of high schools. I question the
requirement; I don't question the advisability or wisdom, but I
question-the:writng into an ordinance that representation must be
from certain high schools. That is really my main concern. I think
it is well that perhaps as a matter of policy you leave that up to
the discretion of the appointing power, namely this Council and sub-
sequent Councils. I have no expanding the Commission to seven
members but to write into an ordinance that one must come from each
specific high school and must be Seniors, I feel is a little too
much.
Mayor Lloyd: The reason for the selection of the six high
schools was at the recommendation of the
Councilmen. As you will remember we added
Bishop Amat and Nogales the last time we had an opportunity to review
this so as to cover all these people. The recommendation to use
Seniors came from a meeting, copy of which was forwarded to the
Council. We had.meetings with representatives from all the schools
with the exception of Bishop Amat and Nogales, and there was strong
discussion. There was opinion on the part of some of the
Administrators, in essence what they said was - yes there are some
youngsters that are really very capable of handling the situation
during their sophmore or even freshman year but because of the
press of becoming involved in high school and the problems of trans-
portation they felt the age group not capable of driving, at least
beneath 16 years of age, they recommended leaving them out thus
allowing them a two year term and then they would be out of it at the
end of their senior year and that was to allow the seniors to get
on about their business of graduating, etc. The main reason for
structuring so strongly towards the high school, it was their very
strong recommendation that these youngsters are oriented to the
high schools and as szch they tend to be responsive to the involvement
of the high schools and therefore they thought we would get a more
representative group through this methodology and using the high
school as a base. That was the reason for the strong orientation
back to the school. It can be anything you want, this is what this
body is here to discuss.
Councilman Shearer: I don't question the wisdom advanced by the
principals and representatives of the schools,
but my question is with regard to writing
it in the ordinance where it takes away from the flexibility of the
Council. I am not set in concrete on it and that is why I would
like to hear from some others.
Councilman Nichols: I think the input that has come is well
taken with regard to the inclusion of that,
but a rigid limitation might be unnecessary.
I concur with your sentiments and suggest by motion that the senior
preference limiting by age or class be struck out as a mandatory
requirement.
Mayor Lloyd: Okay. Shall I change that to read:
"Members of the Youth Commission shall be
Juniors or Seniors in high school, at the
• time of their appointment and alternates shall be Juniors and
Seniors at the time of their appointment."
Councilman Shearer: Mr. Mayor, I would prefer wording - and maybe
this is not the proper place to put it in the
Ordiance, but something to the effect using
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CITY COUNCIL
Youth Advisory Comm.
Page Five
12/10/73
the word "may" instead of "shall" - something to :carry forth into the
future this Council's intent but not tie completely the hands of
future Councils. (Explained further)
Councilman Nichols: What about the wording "should wherever
possible be selected from each of the
following schools..." (Council agreed)
Councilman Young: The thought that I wanted to express,
Mayor, I have given a lot of thought to the
Youth Commission in the two years we have had
it and that thing that disturbs me about the Youth Commission is the
approach. We approach it like we approach everything else - Planning
Commission, Human Relations, etc., but we are dealing with a unique
body when we relate to youth. All of the other Commissions cut across
the board, every citizen is affected theoretically and directly by all
of the other Commissions, but the Youth Commission is expressly for
the youth. and for the problems of youth, and is something we have en-
acted initially somewhat in response to suggestions and also in
response to our own thinking that we ought to have something like this,
and so we established the Youth Commission in the framework of the
traditional framework of a Council constituted Commission, which meets
like any other Commission and is paid like any other Commission, etc.
But the problem is, as all of us know who have come down here from
time to time - the youngsters on the Commission do not get much in the
way of support.or interest or enthusiasm from the youth of the
community in general and in the very origin one of our major complaints
is the lack'of interest shown by high schools and by youth in general
for striving to become a member of this Commission. I would like to
see some consideration to a;:suggestion that is in this very excellent
summary you have provided for us, to a Commission that grows up out
of the youth rather than one selected by the Council. You mentioned
as a prospect the possible alternative of a Youth Commission being
elected from each high school, as a recommendation that has been con-
sidered.
I know, and we all know, the kind of
enthusiasm that evolves about high school elections. It would be
tremendous publicity for the Commission and for the processes of
City Government. It might be something that members of the city
organization staff might participate in, at least in going on campuses
and contributing something to the knowledge and awareness of these
young people for their city government and functions of their city.
It might have the potential for creating enthusiasm, which is very
difficult for us to do, to sit here and generate.
Mayor Lloyd: That was one of the things that came out of
our meeting, also the fact that we right here
are not generating that kind of enthusiasm
and the young people in high school do not preceive it.
Councilman Young: I am not going to offer a motion because I
think such a motion would be premature
unless there was some consensus developed
here. It is just a view I have.
• Councilman Chappell: I thought we would probably start with the
current Resolution No. 4329 and just go
down through it and make the changes as we
see fit. Councilman Young brought out just now the fact that these
groups by being elected from the schools would create interest. I
haven't really looked at it in that light and I think it carries
some real merit. We have complained about lack of interest in
certain instances, although I think the principal at Edgewood High
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CITY COUNCIL
Youth Advisory Comm.
Page Six
12/10/73
put it very nicely in his summary about numbers, which is maybe not
all bad when you only have eighteen or twenty students applying.
But this may create interest and if we could get active participation
from the individual high schools I think we would be accomplishing
more than we have to date. We have tried the other way. We have
tried tol.--let.them find their own .level and activities without
Council telling them what to do, and as I look back on;:t now I feel
perhaps we should have worked with them a little closer and given
them some ideas on what to work on. This may be a different avenue.
Each school is an intricate community in itself. The locations of
these schools vary tremendously in the relationship of the different
types of students going to them and if we can develop that interest
at each school then we should come up with a good Commission, one
that can accomplish something, which is what we wanted to do when we
started this Commission.
Councilman Nichols: I am perfectly satisfied to implement the
new and revitalized Commission' -by the
suggestions made by Councilman Shearer.
Actually I have a very serious reservation as to whether or not there
is any need whatsoever fora Youth Commission in West Covina. My
personal opinion is it is a'waste of time. We have had it now for
sometime and there has been an overwhelming apathy expressed by the
young people of West Covina, and even a superior overwhelmingly
apathy expressed by the school officials and those that guide the
youth of West Covina. The Commissioners we have had have made great
and sincere and major efforts to stimulate interest on the part of
their contemporaries without any significant success. They have
operated without any participation or interest shown by any group
of young people in the City. I think we are going through the
motions of maintaining a concept, first started by Mayor Gleckman,
without any inference that it is rewarding at all. It seems to me
that the proof of the pudding in terms of any community activities
that this Council engages in or motivates, is the results that accrue
from that activity in the interest that the community expresses.
I have only detected a rather significant degree of negativism on the
part of the school people that relate to these young people and a
very singular lack of interest on the part of all other young people.
Maybe I can bait them into responding someway and create some interest
but as of this moment if I had my "druthers" I would phase out and
embalm the Youth Commission of West Covina as of this evening.
Mayor Lloyd: In all fairness to what you say there was
some very serious questions raised by the
group which met with us in trying to
determine whether we should continue the Youth Commission and that
question was asked - should we continue the Commission and the
answer seemed to be let's give it one more try type of thing.
The school officials were fearful if they got too involved they
would be the ones that would have to pull it together, arrange the
activities, but the show on and they were already overburdened.
The activity directors and they just felt they didn't want to carry
the load,and again I agreed with them and assured them that if we
tried it once more our staff would give it the old heave-ho, and if
it didn't work then I was willing to accept the fact that in the
involvement of youth we needed some other level.
So my recommendation, having attended the
meeting, is to go forward, put some of the suggested wording
together very quickly and turn it back to staff for the final
rewriting and they will submit it to us at our next regular
meeting in January. (Council Agreed) So I would prefer that
you review this once again and in the suggested wording apparently
everything seems to be reasonably acceptable; that we do not lock
it into the 7 schools but if possible get people from those seven
schools; the activities and the rest of the language seems to be
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CITY COUNCIL Page Seven
Youth Advisory Comm. 12/10/73
here, and that we take it all and incorporate it into the resolution.
Councilman Shearer: Mr. Mayor, before we have a motion, one thing
further. With regard to the wording "that
the members of tl-ie Youth Commission shall be
Juniors or Seniors at the time of their appointment" yet under Term of
Office, Section 6, as proposed "The term of office shall begin on
September 1 or each year." Technically on September 1 they are really
not anything. Someone a sophmore and going to be a junior, would he be
considered a junior - that needs some clarification.
Mayor Lloyd: What Ken Larson recommended on that was the
April 1 to March 31 dates. One, to avoid
budget time conflicts and two, they are all
through with their activities of the starting year and the juniors
would be the juniors of next year and the seniors would be the seniors
of next year. Their term would run from April to April.
Councilman Shearer: Okay, then in April you appoint someone -
what if you appoint someone that is then a
senior in high school?
Mayor Lloyd: You don't.
Councilman Shearer: That was my concern.because then in
September he may be going to the University
of Washington - so really as far as the
appointment is concerned we would be appointing sophomores and juniors.
.Mayor Lloyd: Right. Really sophmores because they would be
appointed as juniors as alternates andthen
automatically considered as seniors. However,
we do know there will be movement of these people and we may eventually
be appointing someone that is coming up as a senior.
Councilman Shearer: That was my concern; however, I think the
wording should be clarified because there is
some confusion there.
Mayor Lloyd: Okay, we will clarify it.
Mr. Aiassa: Mr. Mayor, may I suggest that this matter be
referred back to the staff and the City
Attorney so we can put it into legal form.
Mayor Lloyd: May I have a motion to refer this item back
to the City Attorney and staff to incorporate
the concepts presented here this evening.
So moved by Councilman Chappell, seconded by
Councilman Shearer and carried.
ORAL COMMUNICATIONS
Chris Tambe Gentlemen, my presence here tonight is
3244 Holt Avenue occasioned by an occurence that began and
West Covina actually still occurring, but it began in
the wee hours of last Thursday morning
directly across the street from -the driveway to my little residence
on Holt Avenue. A lovely hill that has been there for I suppose
ten million years or so, was being torn apart and hauled away piece
by piece in trucks. The result of that traumatic surprise is a
letter which I have before me, that has been prepared by one of the
residents in the area and circulated over the weekend, Saturday and
Sunday, by a.,:couple of the residents, and to those people it was
presented to they were requested to put their signature on the
attached sheet indicating their concurrence with the thoughts
evidenced in the letter; there are some 55 such signatures.
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CITY COUNCIL
Oral Communications - Cont'd.
Page Eight
12/10/73
I will read the letter if you wish, otherwise I can give it to the
City Attorney. In essence the letter says "guys, we don't like
what is happening to our neighborhood, maybe you can't give us back
the patt of the hill that is gone but maybe you can stop the rest of
it from going, take whatever action is necessary to preserve the
character and integrity of the neighborhood that has been there for
• so many years, etc." (Presented letter to the City Attorney)
I would like to volunteer my services and
my time as well as that of some of the other residents in the area
to work with whomever the Council might appoint, to help resolve
this issue.
Mayor Lloyd: Thank you. Anyone else wish to speak on this
issue? Before we go on I have a few words.
I walked., out of the Holiday Inn and saw some
hills being torn down and the first thought I had was that it was the
widening of the freeway but somehow it turned out not to be the
freeway and I discovered what has occurred, that the owner had come
into the City and asked for a grading permit which under the law he
was deserving of under the way it was set up, and he is grading the
hill. With no purpose or intent whatever but just to grade the hill.
Now if that turns you on one way or the other - grading hills - that
is one way to do it, but however I am under the somewhat naive
impression that when people grade hills to the tune of some thousands
of dollars they intend to do something. I think this owner has every
intention of coming in and carrying forward the building of some
edifice that he desires. The General Plan provides for rather heavy
density in that area, which I am not very happy about at this
point and lastly I think in this case the prerogatives of the Council
have been bypassed in that he has already forced the issue, the
policy has been set and we can only go along and agree with the fact
that he can build if he wishes, and I am sure his cry will be to the
effect - I have already put in all of this money and your General Plan
provides for high:,�density therefore I am only asking for what you have
already provided for.
What I would like to do and I am throwing this
open for discussion, I want to preclude anyone from coming in under this
very legal situation where they can grade indiscriminantly and without
any reference to what they intend to build. I think when people move
1501000 cubic yards of dirt - just start moving it and hauling it away -
am I right, Mr. Zimmerman?
Mr..Zimmerman: The dirt is being hauled to a development in
either the City of Industry or Baldwin Park.
South of the freeway - down Baldwin Park
Boulevard.
Mayor Lloyd: This did not fall -under our Hillside Overlay
Ordinance which did pertain to the BKK dump
when they started to haul some dirt away.
In fact it was half as much or less than what these people are hauling
away. This is what galls me, apparently it is okay here because we
didn't happen somehow to bring it in and it was not okay there. What
I am saying is we should close the door and make it equal for all.
MI recommend to the effect that we refer this back to staff and that a
reasonable figure, whereby an average homeowner that wishes to resod
his lawn or more a hillock or build a hillock can do so, and I dis-
cussed this with Mr. Zimmerman and we arbitrarily came up with 51000
cubic yards, which would normally take care of the average homeowner
wanting to do something and anything beyond that should be referred to
the Planning Commission and the Building Department, so we can see
what they intend to do when they start cutting down these hills.
M:M
•
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CITY COUNCIL
Oral Communications - Cont'd.
Page Nine
12/10/73
Councilman Shearer: 5,000 cubic yards to me seems a little on
the high side. That is a detail that should
be looked into and worked out. I would
suggest that we not only consider cutting but also filling. That
anytime grading, whether it be the filling up of a hole or the cutting
down of a mountain be covered under the same type of ordinance.
(Council agreed)
A question of the City Attorney. I assume
there is very little if anything we can legally do to stop at least
temporarily what is going on by passing some sort of an emergency
ordinance - I assume that would be unconstitutional?
Mr. Wakefield: Mr. Mayor and members of the Council, the
permit has been-Assued. The person who
holds the permit having undertaken to act
on it would be entitled to proceed within the limits of the permit.
-I think the answer is there is no emergency type of ordinance that
could be adopted that would control this particular situation.
Mayor Lloyd: In other words, we cannot now in anyway
stop this man from doing the grading that
he has a permit to do?
Mr. Wakefield: That is correct.
Mayor Lloyd: Have you any other recommendations to give
us in this area? Have you run across this
in other cities?
Mr. Wakefield: I think like our Hillside Ordinance, for
example, where there is a necessity to preserve
the natural characters of the terrain either
for purposes of future development or simply until future development
is to occur and occur in a particular way,the City has through its
Zoning Ordinance the authority to control...
Mayor Lloyd: May I interrupt you for a moment - why
wouldn't this fall under the Hillside
Ordinance?
Mr..Wakefield: The Hillside Ordinance is designed and
particularly covers specific areas of the
City, not the entire City is included within
that Hillside Overlay Zone.
Mayor Lloyd: In other words we couldn't in anyway
interpret it to be applicable to this?
Mr. Wakefield: We could expand the area covered by the
Hillside Overlay Zone by following the
regular procedure applicable to a change of
zone. (Explained)
Mayor Lloyd: You don't see then any possible way for us
to stop these people from doing what they
are doing at the present moment?
Mr. Wakefield: No sir.
Councilman Shearer: Rather than rezoning couldn't we adopt some
type of grading ordinance that would state
any grading in excess of X cubic yards would
require a special permit to be reviewed by the Planning Commission?
SWOAE
CITY COUNCIL PageTen
Oral Communications - Cont'd. 12/10/73
Mr. Wakefield: Yes, that would be asdmple way to approach
the problem and again I think it depends on
whether you wish to simply limit the
grading operation itself or whether you desire to also require that a
development plan, what we sometimes describe as a Precise Plan, is
submitted along with the application for the grading permit and which
• can be reviewed at that time. As a practical matter I think it is not
always possible to tie the two tog�ahcxin the same fashion as it is
in connection with an application for a:change of zone, where the
Planning Commission and City Council may desire to know at the time
why the change of zone is being requested and what specific develop-
ment is proposed for the property. Grading sometimes occurs in
advance of that time, in advance of the time the developer has
finalized his plans for the ultimate use of the property.
Councilman Shearer: I would think as long as we have the discre-
tion of turning down for whatever reason we
thought, I wouldn't think we would have to
see a final plan. I am sure we would have our suspicions and if the
applicant choose not to reveal his whole hand to us we would just say
"no" if we don't want the hill removed.
Mr. Wakefield: Yes, I think that is possible.
Mayer Lloyd: Mr. Tambe, did you wish to say something
further?
Mr. Tambe: Thus far the discussion as initiated by
yourself and Councilman Shearer directed to
Mr. Wakefield relative to - how do we stop,
if anyway, - has been from the point of view of potentially revoking
the permit that has been issued and apparently there is no way.
However, it occurs to me that there might be a way and I don't
pretend to know all the things you know about these things, Mr. Wakefield,
but it occurs to me there might be some way of passing some kind of an
emergency measure this evening that would have the effect of suspending
any further activity for a specified period of time, such period of
time to allow for a study into the problem that is not only this
particular area but also other areas like it and the study might
very well take the form of a specific plan for that area. The reason
that thought occurs to me as a possibility as indicated in
Mrs. Christopher's letter which I presented to you earlier, one contact
of the present owner indicated that it was his intent to either use or
sell the property for the uses designated in the General Plan, which
covers that particular area which is medium and high density. If
during the course of the study the gentleman learns that via the
specific plan procedure it isn't very likely,(and of course I am
making a lot of guesses but I am reaching down the road and trying
to be positive here) but under this procedure it isn't likely that
such a high density or medium density development is going to be
allowed it may change his attitude about removing the remainder of
the hill.
Mayor Lloyd:
Mr. Wakefield?
Mr. Wakefield: Mr. Mayor and members of the Council, as I
• have indicated the City doesn't have the
authority at this point of time to either
suspend or revoke the permit issued, that the property owner having
received a valid permit and having undertaken the work authorized by
the permit is entitled to proceed now.
Councilman Young: I think about the only thing we can do on
this thing and I haven't made a great study
of the problem, but I certainly concur in
the views expressed by the City Attorney, that we are out in left
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CITY COUNCIL Page Eleven
Oral Communications 12/10/73
field and just kidding ourselves if we think we can do anything to
stop that particular project that is underway. I think the-.-'
Yiy-thing
we can possibly do is refer this issue that is brought before us by this
act, the issue that may occur elsewhere in the City, refer it at once
to the Planning Commission and Planning Staff for a review and
recommendation of a.n;,appro:priate.ordinance.to .this Council, which will
hopefully preclude this type of thing occurring in the future, and I
so move.
Councilman Shearer: I will second the motion. And getting back
to the present problem. Perhaps the City
Manager or somebody - the present permit
allows him to do what? Take it down flat?
Mr. Zimmerman: I can give you some of the points of the
design. There is a plan on it prepared by
a consultant, the plan calls for taking down
a portion of the hill on the freeway side and sloping up from the
freeway at an approximate 2/ grade in. The side of the hill towards
the front will remain approximately as it is and the main observation
area will only be from the west and toward the freeway.
Councilman Shearer: So under the present proposal there would be
about 45' of hill at the top?
Mr. Zimmerman: Yes, that is about correct.
Councilman Shearer: What would preclude under the present law
the developer coming in tomorrow and asking
to cut the other 45' down?
Mr. Zimmerman: As far as we know there is nothing to stop
him at this time.
Councilman Shearer: Okay, is there some way to stop that? Can
we declare a moratorium on reducing the
hill further?
Mr. Wakefield: Yes. The answer to that is the City Council
does have the authority to adopt an urgency
ordinance which would preventthe issuance
of further grading permits for hillside properties until such time as
an appropriate study of the matter can be made not to exceed a total
of 90 days.
Councilman Young: That being the case - you mean a general
ordinance?
Mr. Wakefield: Yes, it would be applicable citywide.
Councilman Young: With that thought in mind it seems my other
motion may have been premature and with the
consent of the second I would withdraw it.
Councilman Shearer: I agree, but I have another question before
we make a motion.
Mr. Aiassa: Mr. Mayor, we need two motions. One actually
putting the Planning Staff and Planning
Commission into a study.
Mayor Lloyd:
Yes, we will do that.
stop any future act.
This first one is to
CITY COUNCIL
Oral Communications - Cont'd.
Page Twelve
12/10/73
Councilman Shearer: Before we act too hastily, another question
of the City 1..ttorney. An ordinance of this
type wouldn't affect the operation of the
BKK dump that is already covered by a permit, or any other operation
that has already received a valid permit - would this interfere with
that?
Mr. Wakefield: No sir. Only those that haven't yet been
issued.
ORDINANCE NO. The City Attorney presented:
ADOPTED "AN ORDINANCE OF THE CITY UOUNCIL OF THE CITY
OF WEST COVINA PROHIBITING THE GRADING OF
HILLSIDE AREAS EXCEPT UPON AUTHORIZATION OF
THE PLANNING COMMISSION, DURING A PERIOD
OF STUDY NOT TO EXCEED 90 DAYS."
Motion by Councilman Young, seconded by Councilman Chappell, to waive
further reading of said Ordinance.
Councilman Nichols: Mr. Mayor, I am perfectly amiable to support-
ing the motion, but I think in fact really we
have only begun to fight or begun to express
a concern, because I think the people in the audience and elsewhere
who have expressed a concern in this issue are not really expressing a
concern about the fact someone is moving some earth. I suspect if the
word was out that a $200,000 single family mansion was going to be
built on that level site the alarm would be somewhat less thant;r:
expressed here tonight. So if we rest only on a: -holding action to
delay the knocking off of hillocks and knolls in`the east end of town
we are only further delaying the great concern these people have
expressed and repeatedly asked and said that they do not want multiple
housing in that area and consequently I would think at some appropriate
early time the Council should suggest that the Planning Commission
have hearings to amend the General Plan that would preclude legitimate
anticipation of uses which have probably resulted in this particular
problem that we have here. I only suggest that to the Council and
suggest that perhaps staff might bring that back to Council on one of
our early agendas.
Mayor Lloyd: I agree with you and as a matter of fact that
was intended this evening. However, we are
going to finish the first step which was to
stop what is going on at this point and that appears to be at the 45'
level which is where we are at the moment. Is there any further dis-
cussion?
Motion carried.
Motion by Councilman Young, seconded by Councilman Shearer, to
introduce the Urgency Ordinance. Motion carried on roll call vote:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt
said Urgency Ordinance. Motion carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
Mayor Lloyd: And now I would like a motion from the Council,
and perhaps Mr. Wakefield you can help on this,
to the effect of formation of a new ordinance
which will review the General Plan in this area particularly as it
pertains to future construction.
- 12 -
CITY COUNCIL Page Thirteen
Oral Communications - Cont'd. 12/10/73
Mr. Wakefield: Mr. Mayor and members of Council, it seems to
me there are two separate problems. One is
the problem relating to the grading of
hillside areas and this matter should be referred to the Planning
Commission for review and recommendation; and the second matter
• relates to the consideration of a possible revision in the General
Plan to designate a more appropriate use for the property that is
within the General area encompassed by the proposed development.
Councilman Shearer: Mr. Mayor, I will make the first motion.
I move that the Planning Commission be
requested to undertake immediately a study
with regard to grading (both cut and fill) in the City of West Covina,
and make a recommendation for an appropriate ordinance.
Seconded by Councilman Young and carried.
Councilman Young: Before the next motion is made, a question.
I think the next motion refers to comments
made by douncilman Nichols. Viewing the
General Plan with respect to its conjection for multiple housing in a
given area I question a rationale for selecting one particular area.
Councilman Shearer: My motion, I think, will eliminate your con-
cern.
Councilman Young: I feel that the issue of multiple housing is
a citywide issue and certainly not limited to
the East Hills in the City, and if we are
going to open the General Plan for a study in this area it should be
opened citywide and if not then let the General Plan stand.
Councilman Shearer: That was how my motion was going to be
framed. It wasn't going to be exclusively
in that area, Councilman Young.
Motion by Councilman Shearer to direct the Planning Commission to
undertake a study with regard to the General Plan designation on
medium and high density zoning and report back their recommendations.
Seconded by Councilman Young.
Councilman Shearer: My motion is intended to cover the entire
City; also was to only cover and not open
up the question again of areas presently
zoned to down zone - what I am talking about is areas presently
zoned as R-A and indicated on the General Plan as high density. I
don't want at this time to open the question on areas zoned MF-20
and whether they ought to be downzoned. My motion was only on those
areas shown on .the General Plan to be a higher --zoning �`i:n;_relation
to what they are now.
Motion carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
Mr. Partise I am here to talk about X rated movies .which
201 Shadydale you gentlemen may or may not be aware we are
West Covina currently having in our City and has quite a
few people upset. It is my understanding as a
result of a Supreme Court ruling that we and all communities have the
right to decide whether or not we want X rated movies in our City.
If I am wrong please correct me. Continuing on that premise then it
would come down to the fact that we here in West Covina have this
choice.
- 13 -
CITY COUNCIL Page Fourteen
Oral Communications - Cont'd. 12/10/73
I would like to put forth several good
reasons why we shouldn't have it in our City. I would start off
with the immediate energy crisis. Here as citizens we are asked not
to light up Christmas trees, not light up the lights outside our homes,
and yet we can find marques advertising X rated movies. Another one
is I believe we have four theatres in our City. If we have one
theatre showing X-rated movies that should automatically eliminate
all young people under the age of 18 from attending, thusly in
essence 25/ of the movie entertainment is cut off from the young
people that would like to go to the movies on a Friday, Saturday or
Sunday evening. It is important to provide enough wholesome
and clean places of entertainment for our children and if we have
one x-rated movie that cuts down the entertainment 25% this will
make our young people go to other theatres outside of the area which
gets them further from their home which could be a concern to their
parents, and further using more gas and energy to get to other areas.
(Marchers appeared in the Chambers carrying
placards) We have a little demonstration going on outside now,
nice and orderly. One person told me they were advised by a friend
that their son who looks like 20 or 21 but in actuality is 15, had
gotten into an X-rated movie. There really is no practical way of
checking the age of every person paying their admission into a
theatre. That is another good point. Also if we open our community
to x-rated movies we are going to be confronted with other problems
which will either gradually drift in or come in full strength and bring
other forms of crime, etc. And we also have to consider the moral
aspects. Actually I believe you gentlemen should be aware that
X-rated movies in all actuality is hard core pornography. We people
live out here in West Covina by choice and I like to think we moved
here because we liked it and it was a nice community and we want to
raise our families here. And yes, you can bring up the rebuttal of
censorship and what have you, but by the same token the Supreme Court
has given us this choice and if anyone wants to attend an X-rated
movie they can easily drive into L.A. where they apparently do not
have too many objections to it.
One or :two more comments. It is a form of
mind pollution. It is morally and ethically wrong. It destroys the
moral fiber of a young person, I don't believe they can handle
something like that.
I would like to conclude by stating we are
in the process of obtaining all kinds of petitions. As I said we
have the choice and you gentlemen who are our representatives will
make this choice for us. I intend to prove to you that the people
in the community do not want it. We have several thousand names
on the petitions now and will have several thousand more - so we can
demonstrate to you that we don't want this in our community and I
feel you gentlemen will be obligated to vote for us and back us up.
Because we are the people of the community and if we can come up with
enough names we will be dictating to you that this is our wish and
our desire. I would like to close now by saying if any member of
Council would like to ask me any questions I would be more than
willing to answer. (Council indicated no questions at this time.)
Councilman Shearer: Mr. Mayor, I think the initial question
before we can even proceed assuming we want
J to would be directed to the City Attorney.
Mr. Paftise made the statement that we do have the option.
Mr. Wakefield - would you care to comment on that, to clarify what
appears to be a misunderstanding on either my part or Mr. Partise's.
Mr. Wakefield: Yes, Mr. Mayor and members of the Council.
The situation in which City Councils or
Board's of Supervisors find themselves is
- 14 -
CITY COUNCIL Page Fifteen
Oral Communications - Cont'd. 12/10/73
leather complex and needs some careful analysis in order to come to
the right kind of conclusion. As Mr. Partise has indicated, last
June the U.S. Supreme Court modified what had been for several years
its prevailing standard with respect to the judgment of obscenity.
The Supreme Court had previously announced that obscenity had to be
determined on the basis of a national standard, that is it was not
what the people of West Covina would accept or the State of California
VP would accept but what was acceptable as a standard of decency nation-
wide. In its June decision the Supreme Court threw out that national
requirement but failed to indicate whether there was a State or local
standard now applicable.
I just happened to notice in this evening's
paper that the Supreme Court had agreed to hear a case from Georgia
which involves the question as to whether it is a State or local
standard now applicable under the latest decision of the Supreme
Court.
The other points involved in the June
decision was simply a matter of proof. The previous ruling was that
the work,the picture, the book, or whatever, had to be completely
without redeeming social value. The Court modified that requirement
simply leaving it up to the prosecutor to proof that the work was
not a serious work. In other words it was one just done for whatever
profitable basis it might have. Complicating these points insofar
as the State of California is concerned is the fact under California
constitution the police power of a City or County is limited to those
areas which have not been pre-empted by State Law. Several years ago
the legislature passed and the Governor signed a statute which
embodied the standards previously accepted by the U.S. Supreme Court.
Those standards, in the respects I have indicated, still stand in
the State of California, the legislature has not yet modified our
State Law to conform to the latest opinion of the Supreme Court.
So at the moment we stand in this position - the legislature has
pre-empted�the power of a City Council to deal with the question of
obscenity,as a result the criminal prosecution of violations of State
Law as vested in the District Attorney, the City Council does not have
the authority to add to or subtract from the requirements that exist
in State Law, so we are bound to adhere, regardless of what our own
community may wish or desire, to abide by whatever dictates are
established by State Law.
The legislature has under consideration
legislation to modify the obscenity statutes in California but that
modification has not yet occurred. The legislature will reconvene
in January and I am sure at that time will give further consideration
to the matter.
As I understand the situation at the present
time the City Council by ordinance or otherwise is not able to deal
with the question of obscenity in either the motion picture field
or the field of literature or works of art. The obscene character of
the movie, the publication, must still be measured by the State
standards established by State Law.
Councilman Shearer: I think I understood what Mr. Wakefield said -
. we don't have any rights in this area. I
would have to agree to a certain extent with
many things Mr. Partise said from a personal opinion. I don't think
x-rated movies have a place in West Covina or anywhere in°:the Country.
But on the other hand I am not sure I have the right sitting up here
to tell somebody else what he should or should not see. I am concerned
with a lot of other things along this area. It is interesting to
point out that the Supreme Court today in Georgia on the case where
they agreed to hear and review wasn't even an x-rated film, it was an
R rated film. So there we go. Where do I decide that a R or an R minus
15 -
CITY COUNCIL Page Sixteen
Oral Communications - Cont'd. 12/10/73
or an X plus or just how bad it should get? And one further comment.
I think the whole movie industry has a lot to do to clean�_.itse.lf up.
It is interesting to note that at the adjacent theatre there is a film
that I assume by its title purports to be a story about Jesus Christ
and I notice the rating for that is PG, which means parents you ought
to be careful about sending your children - I find that a little hard
to rationalize in my mind that a story about Jesus Christ, that I as a
parent would have to be concerned about my children seeing. That
bothers me a little more than Fritz the Cat, or something else, but
that is a personal opinion, and I am sure I might have a lot of dis-
agreement with a lot of other people, but as far as the City action
is concerned it appears that we are not going to take any.
Councilman Chappell: The only thing I would have to say is that
Mr. Sanborn, the owner of the theatre showing
the movie, I had a -,'chance to talk to him today
and we"_:could possibly approach this in a little different manner and
just by sitting down and talking to him to see if this is a life or
death matter of bringing in this type of movie into the City,
perhaps he could be convinced to bring in only regular movies. He is
taking the movie out tomorrow and he has been in West Covina for many
many years and this is his first go at this type of movie and maybe
with this little demonstration this evening that appeared in front
of his movie house this will bring home to him the fact that people in
this community really don't want this type of movie in West Covina
and he may not continue to do so. If we can do it on that basis we
will be further ahead and hard feelings won't develop or exist and
he can make a profit on running his business and people can go there
and see the type of movies they are willing to pay their money for.
Councilman Young: It pains me that issues like this come up
in our community. I have taken pride and
expressed this in the past, in the fact
that our community has been fteer than most communities surrounding
and otherwise, from sex oriented type activities such as the topless/
bottomless bars and X-rated movies - whatever they are. And the
reason I say that is I just have never seen one. I don't pay much
attention to the movie industry except reruns on TV and along that
line tonight I was rather repplussed by Channel 2's news program.
They had a beautiful young lady implanting the contour of her breasts
in wet cement. (Explained further) The emphasis placed on the
sex symbol,well I was a little bit replussed by it and in my living
room and I discussed the X-rated thing at home and my 19 year old
daughter said well she had seen something about these things being
made - how they do it - now whether she did that up at the Pacific
University, a fine Christian school where she spent her first year
in college, or more recently over at Cal State, Fullerton, where
my brother happens to be the academic Vice -President, I don't know,
I didn't_a'sk. biat she does express concern about the tendency toward
the general vulgarity we see in our homes on TV right along.
My conflict arises, assuming an ordinance
could be passed and I don't think we can pass an ordinance, but if
it could I would be very troubled on how to vote on it because I
personally am not afraid of competing ideas and thoughts and con-
cepts in a free and open market place of ideas and=I think this is
the fundamental stuff that our freedom is made of. I don't know
where you stop the censorship. I don't know if Channel 2 went too
far on its news program tonight or not, personally I was offended
by it, I didn't like it. Some of the comic strips that I read, and
I do read the funnies both in the Times and the Tribune, and some
of these things have a great emphasis on sex and our young people are
exposed to that. As yet, even though my children are grown, we
haven't aborgated our own personal parenthood and I think that indi-
vidual homes and communities will find their way through these things.
- 16 -
CITY COUNCIL
Oral Communications - Cont'd.
Page Seventeen
12/10/73
I question that this movie will make much
money for Mr. Sanborn unless we draw enough attention to it to have
everybody barrelling down here to see what it is all about. I hope it
doesn't have that effect, I hope it goes away and that they do not
come back. But-intthe overall climate of this City I think we will see
that this type of -activity won't.succeed. (Mentioned some of the
things previously attempted in the City that did not succeed.)
I appreciate the indignation expressed here
this evening, I share that indignation. At the same time I cannot
avoid the other side of the coin. -Once we start impeding freedom
when will we stop impeding it? I don't know, but I think everyone of
us should be whatever kind of moral force we can and that is the best
antidote there is for this type of activity.
.Mayor Lloyd: I certainly agree with you, Mr. Partise, and
I have a simple solution to X-rated movies -
I don't go. However, I also know some other
things - we have seen in the great experiment of the 18th Amendment
to the Constitution that when we legislate morality we oftentimes find
it backfires on us and we have the 21st. I think what Councilman Young
was trying to say when he says he�_is personally offended, and I am
deeply offended even when I go into some of these other movies where it
is very obvious the movie requires no explanation, I am uncomfortable
and I miss what I went for in the first place, which is functional
entertainment. I don't want my morality to be flounted in front of
me on the screen, and I don't want somebody else"to try and determine
it for me.
We are pre-empted and I think if we try to
legislate the morality of every individual we will find it will back-
fire upon us. I find this type of rigidity was condusive to many of
the ills visited upon man, the least of which is concepts of political
involvement - the Nazi experiment for one, and other types wherein we
banned books, etc. I see the protection of democracy as provided for
by the 1st Amendment of the Constitution which provides for freedom of
assembly in peaceful areas and as such I would have to go along with
that. I think the Supreme Court and the State will eventually find
that way.
I am sympathetic and guarantee you and your
wife and all the other people here that I will do my level best to
see to it that these things do not go any further than they have gone.
I really don't want them, I honestly don't, but I don't want to go out
and tell people what they have to do, that isn't what I was elected
for. I was elected to see that this City runs. We were dealing with
a zoning problem here earlier and now we are dealing with an issue that
goes far beyond".ie-capability of this body. I think the good City
Attorney expressed the thing very pointedly and covered it very
adequately and I think you have an expression of each of the attitudes
of the Councilmen up here.
THE CHAIR CALLED A RECESS AT 9 P.M. COUNCIL RECONVENED AT 9:14 P.M.
CITY ATTORNEY
RESOLUTION NO. 4813 The City Attorney presented:
ADOPTED "A RESOLUTIONOOF THE CITY COUNCIL OF THE CITY
OF WEST COVINA DESCRIBING A CERTAIN PORTION
OF THE CONSOLIDATED COUNTY FIRE PROTECTION
DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE
CITY OF WEST COVINA AND DECLARING THE SAME
WITHDRAWN FROM SAID DISTRICT.
- 17 -
CITY COUNCIL
City Attorney.: Res. #4813
Page Eighteen
12/10/73
Motion by Councilman Shearer, seconded by Councilman Chappell and
carried, to waive further reading of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Chappe4 to adopt
said Resolution and carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
RESOLUTION NO. 4814 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA DESIGNATING TAXATION DISTRICTS
FOR THE FISCAL YEAR 1974-75."
Motion by Councilman Shearer, seconded by Councilman Chappell and
carried, to waive further reading of said Resolution.
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 : l None
ABSENT : 1 None
RESOLUTION NO. 4815 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH
DAY OF MARCH, 1974, FOR THE ELECTION OF
CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES."
Motion by Councilman Chappell, seconded by Councilman Shearer and
carried, to waive further reading of said Resolution.
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: None
ABSENT: None
RESOLUTION NO. 4816 The City Attorney Presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES
TO PERMIT THE REGISTRAR OF VOTERS OF SAID
COUNTY TO RENDER SPECIFIED SERVICES TO THE
CITY OF WEST COVINA RELATING TO THE CONDUCT
OF A GENERAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON MARCH 5, 1974."
Motion by Councilman Shearer, seconded by Councilman Chappell and
carried, to waive further reading of said Resolution.
• -._"-Motion by Councilman Shearer, seconded by Councilman Nichols, -to adopt
said Resolution and carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
APPROVAL OF ASSIGNMENTS Mr. Wakefield: Mr. Mayor and members of
FROM SHULMAN TO LENDING the Council, Mr. Shulman
INSTITUTIONS in connection with his
•
LJ
CITY COUNCIL Page Nineteen
City Attorney: Assignments from Shulman 12/10/73
financing for the Plaza Shopping Center development has undertaken to
assign certain agreements to which the City, the Redevelopment Agency
and the Parking Authority are parties to Union Bank as security for the
fulfillment of his obligations to the Bank in connection with his
financing arrangements. All that is required is a motion on the part
of the City Council to approve the assignments as presented.
Councilman Shearer: A question just for clarification. I assume
this action in no way incurs additional
liability or responsibility by the City,
the Agency or the Parking Authority?
Mr. Wakefield: None whatsoever. The Bank by virtue of the
assignments will stand in the same exact shoes
as Mr. Shulman himself.
Motion by Councilman Shearer to move approval of the recommendation;
seconded by Councilman Young and carried.
BASSETT UNIFIED SCHOOL Mr. Wakefield: Mr. Mayor and members of
DISTRICT - RECREATIONAL the Council, this agreement
AGREEMENT is presented to you for
approval and authority for the Mayor and
City Clerk to execute the recreation agreement
between the City and the Bassett Unified School District pursuant to
the provisions of the education code for the continuance of our
community recreation program within the Bassett Unified School District.
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to approve the agreement between the Bassett Unified School
District and the City of West Covina for recreational services at
Tonopah School for the 1973-74 fiscal year, and that the Mayor and
City Clerk execute said agreement.
LABOR RELATIONS Mr. Wakefield: Mr. Mayor and members of
CONSULTANT CONTRACT the Council, the authority
(Waldon Case) is requested to employ Mr. Counter for the
purpose of representing the Department and
the staff in connection with a dismissal pro-
ceedings and an appeal before the Personnel Board by Officer Waldon,
who has been dismissed.
Councilman Shearer: Mr. -Mayor, a question. I am sure there is a
good reason, and I would like to hear it.
The report says the City Attorney will attend
the hearing as an advisor to the Personnel Board. Why do we feel
it advisable to have Mr. Counter, whom I have all the confidence in
the world in and who I think did a very fine job for us several months
back in our negotiations - but why in addition to the City Attorney?
Mr. Wakefield: It is one of those situations in which the
City Attorney really can't wear two hats.
I can't act as an advisor to the Personnel
Board and in that role would assume the responsibility for advising
the Chairman of the Board with respect to questions of the admissability
of evidence and matters of that sort that would arise in connection
with the hearing and also represent the case for the Chief of Police and
the Personnel Offider'. The purpose of employing Mr. Counter is simply
to obtain his skill and ability in presenting the matter to the
Personnel Board from the standpoint of the Department.
Councilman Shearer: In other words Mr. Counter will n`�effect be
representing the administration and you would
be advising the Personnel Board?
- 19 -
n
•
` CITY COUNCIL Page Twenty
city Attorney: Labor Relations Consultant Contract 12/10/73
Mr. Wakefield: Right.
Motion by Councilman Shearer, seconded by Councilman Chappell, to
authorize the appointing authority of the City of West Covina to secure
the services of Nick Counter for a fee between $500 and $750, not to
exceed $7501 with the understanding that such payment may be executed
through either a letter of agreement or a purchase order.
Councilman Young: Mr. Mayor - I was going to raise the question
that Councilman Shearer did and I am glad he
did, but is this a different type of Personnel
Board hearing than we have had in the past? Have we never had hearings
like this before?
Mr. Aiassa: We only had one five or seven years ago and
the decision that will be rendered by the
Board will be given to the Personnel Officer
and he either upholds it or he doesn't.
Councilman Young: In other words there will be a hearing and
the Personnel Board will make a recommendation
to the Personnel Officer and then you will
either uphold the Personnel Board's recommendation or not uphold it?
Mr. Aiassa:
Or uphold the Chief of Police.
Councilman Young: Well this is where I am confused. I guess
my concept is erroneous about City Government.
It seems to me, for.example, the City Council
hires a City M anager, the City Council appoints the Personnel Board,
the City Manager hires the Police Chief and he hires the Police
Officer; somehow I don't see any conflict at all between the Personnel
Board, the Police Chief and the Police Officer and the City Council.
The only conflict appears to be one Police Officer apparently has a
grievance and there is a grievance procedure and I don't see that
procedure pitting a Department against Administrator against City
Council. That disturbs me and if I am wrong then I guess I am, but
it is a strange concept somehow that we have to have a legal advisor
for the Police Chief representing him in some sense against the
Personnel Officer and the City Council.
Mr. Aiassa: I believe Mr. Wakefield can clear this up.
This may end up in court and they will be
represented at the meeting by legal
counsel and we should be represented`,.by legal counsel.
Councilman Young: But Mr. Wakefield is our own attorney and he
is going to be more or less of a judge?
Mr. Wakefield: No. Mr. Mayor and members of the Council,
perhaps I can shed some light on it. The
City of West Covina's Personnel Ordinance
and the rules adopted pursuant to it are unusual in this respect,
that the role of the Personnel Board in a typical situation is that
of a court. The Personnel Board has the power to decide whether or
not the punishment is warranted and if not to modify it. However,
under our ordinance and -resolution the Personnel Board acts in an
advisory role of a recommending body. It finds that the decision of
the Department be sustained, modified whatever as may be appropriate
and the Personnel Officer who happens to be the City Manager also,
then on the basis of that recommendation decides what ultimately
shall be done. There is great concern on my part that this procedure
is not entirely legal. A similar kind of ordinance and situation
existed in the City of Whittier about six months to a year ago,
the Superior Court decided that the body that had the authority to
hear had also the authority to decide, and the Personnel Board having
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CITY COUNCIL Page Twenty-one
City ;Attorney: Labor Relations Consultant Contract 12/10/73
been vested with the responsibility to hear the matter also had the
responsibility to decide it. Of course we really don't re.ach the
problem unless the Personnel Officer decides that something should
be done other than which is recommended by the Personnel Board.
Councilman Young:
City Manager reverses
fires him. Does this
procedure go as far as
Mr. Wakefield:
Councilman Young:
Mr. Wakefield:
Suppose the Personnel Board said - all right
the action taken against this officer is too
harsh and he should be reinstated, and the
the Personnel Board decision and goes ahead and
officer now have an appeal - does the grievance
the City Council?
No sir.
We don't have any part in it?
From that point on his remedy is in the
Courts.
Councilman Young: Where does the addition of another lawyer
in any manner make our procedure any more
legal? For example, if you were representing
the City rather than being a neutral advisor so to speak, you represented
the Chief of Police and the City in general, I assume your advice to the
Personnel Board would tend towards liberal advice in terms of issues of
admissability of evidence - if I don't read you wrong, just in general.
Anyhow towards a full and complete hearing, so the officer can really have
hise a case heard thoroughly. What would Mr. Counter add to that? He
is also representing the City in the role of an advocate.
Mr. Wakefield: What you say is correct, Councilman Young.
I think the concern which I have and a con-
cern which apparently is shared by the City
Manager is that in the five years I have been City Attorney we have
never had this kind of a proceeding before the Personnel Board. It is
a new experience really insofar as the present members of that Board
are concerned and I felt and I still feel that it is a very difficult
position to put the Personnel Board in. If the Chairman of the Board
and the Board are called upon to rule on questions of admissability
of evidence and that sort of thing during the progress of the
evening without having anyone who at least seems to be in an impartial
position to call upon for advice and recommendations in respect to the
procedural aspects of the matter.
Councilman Young: I have greater confidence in you than you have
in yourself, Mr..Wakefield.
Councilman Nichols: I think it would be cheaper to have
Mr. Counter be the procedural representative
and Mr. Wakefield be the advocate.
Councilman Young: The only other question - I realize the
recommendation does not conform to the
proposal made by Mr. Counter. The
recommendation says "not to exceed $750..." The proposal made by
Mr. Counter is openended.
Mr. Aiassa: It is not to exceed $750.
Councilman Young: That is not what Mr. Counter says. He says
"I would anticipate the fee in this case
would be from $500 to $750. However, as a
rough approximation." Then obviously this is at best an estimate.
"As you know it is extremely important in this case to have all the
facts necessary...." So I consider that entirely openended fee
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CITY COUNCIL Page Twenty-two
City Attorney: Labor Relations Consultant Contract 12/10/73
proposal and I think this hearing can conceivably go two or three
days.
Mr. Aiassa: To protect the Council why don't we limit
it to a maximum of $750. and if it exceeds
that I have to come back for Council action.
Councilman Young: Because that is ridiculous! You are two days
into the hearing and you have to come back
and say our lawyer just ran out of time.
We might as well do it now and realize that it is openended and
forget about this $750. limitation here.
Councilman Shearer: Mr. Mayor - this reminds me going back before
my time here - the Merced Horse Ranch case.
I am sure at the time it was a matter of
principle you were concerned with as much as how much it was going
to cost. I think in this case we have a matter of principle and I
think the City should recognize the fact that if it takes twice this
amount of money are we concerned with hearing and giving an opportunity
to hear all the facts if it is $750. but if it is $1500 we are against
it? I think I am for it even if it is $1510. We should not place
a limit on this either we are going to pursue or forget the whole
thing.
Mayor Lloyd: Do you wish to amend the motion The motion
as recommended says $500 to $750, not to
exceed $750. So if you wish to amend the
motion by striking out "not to exceed $750."
and add "commensurate with the requirements of the trial."
Does that do it, Mr.,Wakefield?
Mr..Wakefield: In my opinion you need some sort of
maximum. I can't say that it will take more
time than will be involved in the $750. but
I think $11000 would give you more than enough of a leeway.
Councilman Shearer amended the motion to read "not to exceed $1100011.
Seconded":by Councilman Nichols.
Councilman Nichols: And a comment. Again here I think what really
faces the Council more than this issue is the
issue of the need to engage expensive counsel
when there is a termination proceeding before the Personnel Board.
I think the heart of the matter is the candid but justified statement
that has been made that members of our Personnel Board have neither
the experience nor the expertise to cope with this kind of a situation.
This is backstopped by the thought that this has never happened before,
one time situation previously but not actually the same, so actually
never before. I think it points out -the fact that we are either going
to be faced with the unpleasant possibility of engaging counsel to do
the backstopping for 'inexperienced Personnel Board members and this
may be repeated again and again through the years, where we are going
to have to come up with other methodology. -I concur heartily with
the motion and the sentiments expressed but in this particular issue
it is important enough that we go ahead with what we are doing, but I
• think it is important enough also that Council by its vote expressed
to management the thought that the Personnel ordinance should be
given some very early review toward possibly changing the structure
of the appeal mechanism so that we will not again be faced with a
fee going beyond our family for the fee initial and very low level
of appeal procedure used in the City. I would hate to think that in
the future'everytime someone appeals a decision we have to hire an
outside attorney at these kinds of fees for an inhouse appeal procedure,
which ultimately is accountable only to the City Manager and the City
Council.
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cITY COUNCIL Page Twenty-three
City Attorney: Labor Relations Consultant Contract 12/10/73
Amended motion carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
Main motion carried on
AYES: Young, Nichols,
NOES: None
ABSENT: None
roll call vote as follows;
Shearer, Chappell, Lloyd
THE CHAIR RECESSED THE COUNCIL MEETING AT 9:38 P.M., FOR THE PURPOSE
OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE
PARKING AUTHORITY MEETING. CITY COUNCIL RECONVENED AT 9:46 P.M.
CITY MANAGER
LEAGUE OF CALIFORNIA Councilman Young: Mr. Mayor, I.think it
CITIES LABOR INSTITUTE would be a good idea for
a Councilman to attend as well as a staff
member. -I don't wish to attend but if
someone is available?
(Councilman Nichols agreed; Councilman Chappell indicated he might
be available; Council decided to withhold authorization of
expenditure for the attendance of a Councilmen until it was
determined that Mr. Chappell could attend.)
Motion by Councilman Nichols, seconded by Councilman Young, to approve
the attendance of a staff member. Motion carried.
Motion by Councilman Shearer to authorize an expenditure of not more
thatn $150.00 for the attendance of a staff member at the League of
California Cities Labor Institute. Seconded by Councilman Young and
carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
HAROLD WALLACE Motion by Councilman Nichols, seconded by
REQUEST FOR LEAVE;r Councilman Young and carried, to authorize
OF ABSENCE WITH PAY extension of Mr. Wallace's initial 30-day
leave of absence without pay to accomn63ate
his surgery of December 14th and expected
recuperative period of an additional 30
days.
ENERGY CONSERVATION Motion by Councilman Young, seconded by
PROGRESS REPORT Councilman Shearer, to accept and file
progress report.
Councilman Shearer: I noticed in the report, at least in this
one although I believe there was reference
to it in a previous report, but no comment
was made with regard to uniform temperature setting in the City Hall.
I would like to see at a subsequent time what the City s,.:proposing
for the temperature setting in City Hall And 1,es}t,r4weecsa'cctse:doof
finding something to nit-pick I would suggest that the sign in front
of the Street Maintenance Department illuminated..all night be turned
off.
Mr. Aiassa: I will see that it is done. And I would also like to
advise Council that I am formulating a standing
Committee to meet each week to see if we can find
some new avenues for saving energy.
Councilman Nichols: I have one question. There was great concern
exprellsp(� by the Energy Conservation Co-
CITY COUNCIL
City Mgr.: - Cont'd.
Page Twenty-four
12/10/73
ordinator in his summary report about the shortage of diesel fuel.
I think I recall hearing in recent days a statement stating the
U.S. was going to be given specific allocations of fuel to reallocate
to local governments - have we had any word on that? That might
modify somewhat the severity of this commentary about the diesel
units.
Mr. Aiassa: Yes, we have received information that they are
trying to formulate a formula and it is about 7
or 9 pages long and we are now in the process of
processing those 9 pages.
Councilman Nichols: Well I think`...*Ithe heart of this whole thing
is as the report brings out - if we don't
get diesel fuel we are going to be putting
fireequipment out of service and the
urgency is about thirty days away. I have read that there are to
be allocations made in this area and if there is anything we can
do to reassure the public of west Covina that the urgency expressed
here might not be quite as critical with regard to the diesel fuel,
I think we should do it now.
Mr. Aiassa: We have taken measures to safeguard and we
are now in the process of buying all the
diesel fuel we can from the distributors
and we are accummulating as much as we can.
Councilman Nichols: Then in terms of this report as it refers
to diesel fuel, etc., and reaches the press
and the public, the element that states we
will be out of diesel fuel in January is not as urgent as it might
appear hereb
Mr. Aiassa: That is right. We are protecting ourselves
to the ultimate.
(councilman Nichols: Therefore on the immediate horizon there is
no sign that '"est Covina fire equipment will
be out of service for lack of diesel fuel in
January?
Mr. Aiassa: We may not sweep as many streets but we will
have, the fire trucks rolling.
Councilman Nichols: I think it is well for the community to know
that.
CITY MANAGER'S Mr. Aiassa: Mr. Mayor and members of
VACATION the Council, I would like
to start my vacation on tRe 24th of December
to and including the 4th of January. I will
be available for standby in case we have any emergencies in the CBD
area.
So moved by Councilman Shearer, seconded by
Councilman Young and carried.
Mr. Aiassa: Mr. Mayor, one further thing. I am appoint-
ing an Acting City Manager in my absence and
i
am naming Mr. Eliot, who is the Assistant
to the City Manager during that period.
Motion to accept recommendation made by
Councilman Young, seconded by Councilman Chappell and carried.
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CITY COUNCIL
CITY CLERK
REQUEfS-T FOR CONSOLIDATION
OF SCHOOL BOND ELECTION
WITH CITY MUNICIPAL
ELECTION
MAYOR'S REPORTS
PROCLAMATIONS
Page Twenty-five
12/10/73
Motion by Councilman Young, seconded by
Councilman Nichols and carried, to
approve consolidation of Walnut Valley
Unified School District bond election
with City Municipal Election and direct-
ing Staff to work out cost details.
Mayor Lloyd: If there are no objections
by Council I will proclaim
"Bill of Rights Week"
December 9/15, 1973; and "Holiday Safety Season" 1973-74 Year End
Holiday Period. (No objections, so proclaimed)
COUNCILMEN'S REPORTS/COMMENTS
Councilman Chappell: Mr. Mayor, a comment in regards to the
publicity put out regarding insurance men
selling insurance to City Employees. In this
instance I have been given a legal opinion by our City Attorney that
there is nothing that prohibits me from selling insurance to individuals
who are also City Employees. I thought I should bring this up because
it has been something that has been bothering me and I certainly
didn't want to violate any law in regard to this activity, even though
I didn't solicit this business.
Councilman Shearer: On the same TV program tonight that
Councilman Young referred to earlier, there
was a little clip with regard to a school
in West Covina that we don't always associate with West Covina and
that is the Rincon School down in the G�{laxie Area, having won first
place statewide in a competition have to do with calisthentics, the
President's program; and it further stated that they were one of the
top five in competition throughout the Country. I would first ask
that staff reconfirm this, because what we hear and see on TV is
not always correct, and if it is correct then an appropriate
resolution be drafted and perma plaqued and presented.
Mayor Lloyd: Very good. An excellent idea. Mr. Aiassa,
will you have staff confirm that and if so
appropriately acknowledge it.
DEMANDS Motion by Councilman Shearer to approve demands
totalling $426,347.29 as listed on Demand Sheets
C928 to C931, C855A and B601A to B603A. Seconded
by Councilman Young 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 P.M.
to December 191 1973 at 4:30 P.M.
APPROVED:
MAYOR
ATTEST
CITY CLERK