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03-11-1974 - Regular Meeting - Minutes• MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 11,.1974. The 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 was led by members of the Girl Scout Junior Troop 331, Leader Mrs. Sue Puls, Mesa & Cortez School - Diane Krause and Janny Krause, Pam Davis, Karen Greene, Rhonda Cokeley, Marilyn and Pam Brady. The invocation was given by the Reverend Charles Simmons of West Covina United Methodist Church. ROLL CALL Present: Others Present: PRESENTATIONS Rincon Intermediate who were among the Award program. Mayor Lloyd; Councilmen: Young, Nichols, Shearer, Chappell George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Leonard Eliot, Controller George Zimmerman, Public Service Director Michael Miller, Planning Director Harry Thomas, Traffic Engineer Jeff Butzlaff, Administrative Analyst Jan Williams, Administrative Intern Craig Meacham, Deputy Police Chief Gary Duvall, Administrative Assistant Richard Klemp, Staff Reporter - S.G.V.D.T. Mayor Lloyd presented Resolutions of Commendation to the South Hills High School Varsity Football Team; and School, Students and Physical Education Staff, five highest.in the President's Physical Fitness LAW EXPLORERS' POST Mayor Lloyd: This evening we have also with us a group from the Law Explorer's Post of West Covina, which is headed by Judge Martin. The Presi- dent John Harrold is here and Bill Pewen, Paul Espep and Paul Gacindo. Mr. Harrold will say a few words about Law Explorers,' involvement as far asour community is concerned. Mr. John Harrold: Thank you, Mr. Mayor. On my right is my Vice -President - Bill Pewen. First of all I would like to thank you for coming to our last meeting and bringing with you a member of the Youth Advisory Commission. We would like to express a desire to work in the future together with the organization for the benefit of all The Law Explorers' is an organization of students hopefully to enter the law field some day. In working with Judge Martin.we learn what law is about and the in's and out's of the profession and possibly decide if we indeed do want to become lawyers. Thank you. Mayor Lloyd: Thank you, very much. I hope that our new member of the press will be kind enough to mention that we have a Law Explorers' Post in our City, because this is somewhat unique. ADDITION TO CONSENT CALENDAR Mayor Lloyd: The Cit17Clerk has presented us with one more item which is a request from the • CITY COUNCIL Addition to Consent Calendar Page Two 3/11/74 Sunset School P.T.A. to hold its Candy Sale on March 11, 1974 through the 25th. If there is no'objection-by Council:' Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to add this item to'the .Consent Calendar items. APPROVAL OF MINUTES February 25, 1974. Councilman Shearer: Mr. Mayor, I have a correction on Page 20 of the minutes. There were 33 Mayor's present; and the gentleman's name was Bond. Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to approve minutes as corrected. CONSENT CALENDAR items: 1. WRITTEN COMMUNICATIONS a) GALAXIE LITTLE LEAGUE Mayor Lloyd explained the procedure of the Consent Calendar items and asked if there were any comments on any of the following Invitation to participate in League Parade on Opening Day - Saturday, April 20, 1974. (Council) b) DONALD L. BREN CO., Request that balance of permit fees for 24 homes be honored as valid. (Refer to Staff) - c) LOCAL AGENCY FORMATION COMMISSION d) LINDA R. WHITEHEAD 528 Butterfield Road West Covina e) JUDITH WARD 829 De. Cerro Drive West Covina f) Unification Church of New York g) WEST COVINA CHAMBER OF COMMERCE h) LORRAINE and ANNE CROOK Newport Beach, Calif. 2. PLANNING COMMISSION Notice of Public Hearing on Proposed San Dimas Westerly Annexation No. 15, on 3/27/74. (Refer to Staff) Re gasoline rationing plan for the County of Los Angeles. (Receive and file) Re gasoline stations staggering hours. (Receive and file) Request permission to solicit funds from 3/12 - 5/12/74 for charitable purposes and waiver of business license fee. (Approved subject to Staff review) Request meeting with City Council. (Council) Re offer to sell 11 shares of Covina -.Irrigating Company stock. (Refer .to Staff) rfa • SUMMARY OF ACTION March 61 1974. (Accept and file) 3. RECREATION AND PARKS COMMISSION a) SUMMARY OF ACTION February 26, 1974 (6 P.M. Adj. Reg. Mtg.) February 26, 1974 (Reg. Mtg.) (Accept and file') - 2 - CITY COUNCIL CONSENT CALENDAR - Cont'd. c( Action Items 4. PERSONNEL BOARD a) MINUTES • b) ACTION ITEMS 5. HUMAN RELATIONS COMMISSION SUMMARY OF ACTION 6. YOUTH ADVISORY COMMISSION SUMMARY OF ACTION 7. ABC APPLICATIONS a) Lily B. Martinez 1565 W. Arrow. Hwy, #13-C Upland, Calif. b) Gas House, Inc. Gaspar Ronda, Janet Taylor and Rolland Taylor 18537 Arrow Highway #B111 c) Ramon J. West 29201 Kensington Dr., Laguna Nigel Lloyd D. Kirk 3133 Virginia .West Covina Gordon D. Tinkham 18537 E. Arrow Hwy. Covina 8. PARADE PERMIT APPLICATION Page Three 3/11/74 Under City Manager's Agenda, Items #F-8 and F-9. February 5, 1974. (Receive and file) Of Meeting of March 4, 1974 under City Manager's Agenda, Items F-5, F-7. February 28, 1974. (Accept and file) Adj. Mtg. of 2/27/74 (Accept and file) Chief of Police recommends NO PROTEST. dba LA COPA 2696 E. Garvey Avenue dba GAS HOUSE 1841 E. Garvey Avenue dba CARAVAN LOUNGE 2804 E. Garvey Avenue Galaxie Little League of Opening Day Parade on Saturday, West Covina April 20, 1974 - Request approval and waiver of application fee and $5000. Bond. (Recommend approval subject to staff review) 9. QUARTERLY WATER REPORT Receive and file.) Dorothy Davis I wish to welcome the new Council President members that will soon be taking a San Gabriel Valley NAACP seat. Also I want to speak about the same problem we had a year ago - February 13, 1973, asking for a resolution on Fair Employment in the City of West Covina. We haven't heard anything on it as yet. • I was at the Human Relations Commission meeting and Councilman Nichols came to the meeting and asked that a resolution be drawn up. So far nothing has been done and I would like to get this matter cleared up this year - whether or not you would consent to having Fair Employment.Pactices in the City of West Covina. I would like to have a vote on it. Also; we have a Personnel Board in the City of West Covina and I am asking that we have black citizens - 3 - CITY COUNC-IL CONSENT CALENDAR - Cont'd. Page Four 3/11/ 74 represented on this Hoard and also on thr� Recreat.i.on and Parks Commission. We have one Juvenile Officer - Officer Snyder - I wish to get a recommendation other than just • giving an Officer a raise with the tests that you require - he has done a very good job and we would like to give our recommendation for the promotion of this Officer. I know this is something different than you might have heard before. I also have an award for our City Manager, George Aiassa, for his inspiration and help during our conference here in August of 1973. It states "that this comes from the San Gabriel Valley NAACP for inspiring hope ,and confidence, giving assistance with understanding, and to help to sustain integrity and dignity of black people, and if we would take more time and worry about the that might be .in heaven instead of the one that is local we might all be better off. (Presented to Mr. Aiassa.) Mayor Lloyd: Thank you, very much, Mrs. Davis. Mr. Aiassa, would you like to say a few words? Mr. Aiassa: I would like to thank Dorothy Davis, Lola Fox and the other members of the NAACP. I feel we have made some headway and we are following through with the programs discussed with the Personnel Board and the Personnel Staff, to see if we can fulfill some of these requirements for equal opportunities. Councilman Shearer: Mr. Mayor, with regard to Item I -a. Will staff please advise the appro- priate Little League that I will plan to attending the opening day ceremonies, as I am sure others will. Also Item I-g - a request from the Chamber of Commerce for a joint meeting, which I believe will require specific -action on our part, so we will have to withdraw that item. Mayor Lloyd: Item I-g will be withheld. Councilman Chappell: Mr. Mayor, being a sponsor to the Galaxie Little League I will definitely be present also. Mayor Lloyd: Are there any other comments? Items I-d and e I would like held over to my report - I have some recommenda- tions on the gas situation - or would you like to discuss it now? (No.objections to items being withheld) Motion by Councilman Young that the Consent Calendar items be approved with the exception of Items I-d, e and g. Seconded by Councilman Shearer and carried on roll call vote as follows: • AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None ITEM I-g (Councilman Shearer suggested that perhaps the setting of a date for the joint meeting with the Chamber of Commerce should be held over to Council's meeting of March 12th in order to ascertain that all Councilmen could be in attendance; Newly elected Councilman Browne indicated the suggested date of - 4 - CITY COUNCIL Page Five CONSENT CALENDAR - Cont'd. 3/11/74 March 18 at 4 P.M. would be convenient for him.) Motion by Councilman Chappell, seconded by Councilman Shearer, that a meeting with the Chamber of Commerce be set for March 18, 1974 at 4 P.M. Mayor Lloyd: Mr. Aiassa - will you please remind us tomorrow evening that we adjourn to that meeting. (Answered: Yes) Motion carried. Mayor Lloyd: Items I-d and e, we might discuss at the same time, both items are with regard to the gasoline problems. I have spoken with all of the Council on a one to one basis with regards to the problems of service stations, service station hours and commensurate with the fact that the City of West Covina obviously should not be involved in telling people when or how to operate their businesses,as long as they choose to do business in the City of West Covina, I think its time that we try to give some sort of indication of relief to all of the people in the City of West Covina, a good many of whom are very much dependent upon the gasoline stations to get to and from work. So as a result I have some recommendations on this. The first item is that hours be posted by the gas stations themselves, -whatever hours they select, but that they post the hours of selling fuel. Secondly, that the prices be posted so they are clearly readable from the street. Thirdly, if there is any fuel limit, 5, 10 or 15, that be included. Beyond that there seems to be a sufficient amount of indication on the radio and otherwise that odd license plantes are on the odd days and even on the even. So that doesn't pose a problem. Beyond this I would recommend that a system be set up with the City and if possible, Mr. Aiassa, some liaison with the Chamber of Commerce, so that any citizen who has the need to know where there is a service station open can call so he doesn't have to drive all over town to find a service station open. I would suggest that as a service to the people the Chamber of Commerce might take it on to call -service stations and find out the hours open of each service station that operates in town, what their prices are and their limits, and be able to tell people that 6 in the morning or 6 in the evening if you need a service station one is open at such an such a location. In other words I am not telling people they have to operate at such a time but by letter I feel we can ask each of the service stations in town to call into City Hall their hours, prices, etc., and we coordinate with the Chamber of Commerce in giving this information to the public. On weekends when the Chamber is closed we will have some sort of answering system here at City Hall so we can tell people where they can get fuel if the need arises. Councilman Shearer: Mr. Mayor, have you made any contact at all with any of the operators in • town? Mayor Lloyd: Not specifically. I do have a listing of some of the service stations where our police have gone around and ascertained what stations are open, on their own, but we have not approached them directly on this, which I think should be done and very quickly. Are there any comments? - 5 - CITY COUNCIL Page Six CONSENT CALENDAR - Cont'd. 3/11/74 Councilman Young: I agree with the concept - you are talking in terms of the Council acting in an advisory capacity tonight? I gather, is that correct? Mayor Lloyd: I really don't know, but what I really . want is something rather binding and concrete and I don't know how to achieve that. Councilman Young: You and I discussed it Saturday on the phone and I expressed some reluctance about having an ordinance at this particular moment, especially after driving around today and noting there was no real problem about gasoline today. Of course I don't know about tomorrow and people not being able to get gasoline on Sunday and having to wait until Tuesday - so I like your idea about the Chamber of Commerce seeking to coordinate and I think that could tie in with our special phone number at City Hall which is open day and night through the Communications Center. I think some aggressive action or reaching out by the Chamber or City Staff would be of great service. I think it is a great idea to have a clearing point for this information. I cruised around for an hour.Saturday morning looking for a tank of gas and finally found one that sold me $3.00 worth, which got me a quarter full. So I would certainly go along with your suggestion but not in the sense of an ordinance but in the urging by this Council. Councilman Nichols: I don't look favorably upon any effort to maintain and ongoing listing of station hours or stations that are open, because I think as that list would become more accurate the needs will decrease. I think when stability would set in and stations could post their hours and limits that probably conditions would be such that would really make it unnecessary at that point. My experience lately has been that the hours of operation of stations that I have tried to get into have been very erratic, it depends on when their fuel runs low or how heavy they have been hit on any given day, so the hours have not been the same. I can envision a situation where a considerable effort to contact around seventy service stations in the city and get them to give us their hours as of that day or the next day - I can envision the situation within a week of that where the information would be highly inaccurate and the net result of that would be of a citizen calling the number and becoming irate because the information is not current. To remain current it would require someone spending a great deal of time calling the service stations each day to obtain the information. So I feel that the Chamber or the City Council in the final analysis will end up with black eyes as a result of it because of it not functioning effectively. In terms of the pricing and posting, the framework of our City Ordinances limits the sizes of signs, although I would favor that very much because my own experience • is that some stations are charging very high prices and not posting their prices clearly while others are, and I think probably there are some violations of law in the pricing structure. I would only add one word of caution, as I did to the Mayor when he spoke to me about it, and that is that in very recent times the Council was calling service station operators on the carpet for extending signage in the City of West Covina. We had delegations up here claiming they could not run their businesses because we were restricting them in regard to signage, small signs where they ■SM-SE CITY COUNCIL Page Seven CONSENT CALENDAR - Cont'd. 3/11/74 wanted large signs and not allowing them to advertise their trailer rentals, etc., and if we come back now and tell them to broadly post signs we may find that they consider our actions somewhat philosophically inconsistent. We would then have to change our sign ordinance with regard to the enforcing of same in regard to • the size of the signage. But despite that limitation I would favor personally in West Covina because of the exceptional circumstances, a short term ordinance anyway requiring all stations operated in the City to list their prices. I would not personally want to be a part of the vote or direction that would go any further than that in terms of hours, etc. Councilman Chappell: Mr. Mayor, in listening to the news on the way over here tonight it appears that the Governor has now signed a law so that service stations will post their prices and limitations with regard to how many gallons of gas you can purchase. At our last meeting when we wrote our letter to the Supervisors we did ask that the service stations post the times they are open and I talked to several stations, whom I insure, and they did think that was a good idea and would be more than wiling to post. If we can get that out that the City Council encourages all service stations in the City of West Covina to post the hours they are going to be open and the days, that will help that problem. If we find we have no stations open for those that have to leave early in the morning or evening, we might talk to a couple of stations and ask them to open at that time so there would be a flow of gasoline until this thing rights itself. It appears that it is getting a little better. The service station people are reasonable, we have worked with them in many areas and after the fight on the signs they were thankful we did it because it improved their business. So let's encourage them to post the time they are open and the gallons and the Governor has said that they are to post their prices, so I think we will be in good shape until this thing blows over. Councilman Shearer: A question of the City Attorney. I see the City Council in the City of Los Angeles today passed a similar ordinance - would we have the power to enforce such a requirement as the Mayor has indicated? I would hope we would, if we have to go to that extreme. Mr. Wakefield: Mr. Mayor and members of Council, back in the middle of February, the Board of Supervisors adopted an urgency ordinance which required the posting of prices by service station operators in the unincorporated areas of the County. A circular letter went out to the cities urging that they adopt a similar ordinance. I think it is only because of the present critical situation with respect to gasoline and its availability that such an ordinance would be enforceable. The Business and Professions Code regulates the kind of information which a service station operator can post with reference to the price and quality of gasoline which he sells. The Ordinance which the County adopted was limited strictly to the posting of prices and kinds of gasoline for sale. If the station had only one grade for sale he was required to post that grade and the price and if he had more than one grade he would post that in- formation together with the price of those types of gasoline. I thnk the ordinance can be enforced. Like any other ordinance the problem of enforcement is one of manpower and the economics - 7 - 1 CITY COUNCIL Page Eight CONSENT CALENDAR - Cont'd. 3/11/74 involved from the standpoint of the city in policing it. But such an ordinance could be enforced, I believe. Councilman Shearer: Mr. Mayor, I think the City Attorney has brought up a very good point. We have an awful lot of ordinances • can the books that are sometimes difficult to enforce. I think the tenure is excellent. As I said before I think we have almost a crisis situation here. My thought on the subject would be to perhaps communicate through the Chamber in conjunction with staff in some manner to encourage voluntary compliance with these items between now and two weeks from tonight with the suggestion that the Council might at that time if we haven't seen some voluntary compliance consider.adopting an ordinance with some enforcement clauses in. I think these items we are talking about really serve the service stations as well as the motorist. There is one thing I am more concerned about which has not been brought up which would be to include in this some well posted sign as to whether the station at a particular point in time is in fact selling gas. I drove around today and saw a lot of empty stations and I couldn't tell whether they were selling gas or not, and as you are driving down the street this presents a definite safety hazard, trying to watch out for the gas station that is open and watching the car in front of you. It is very confusing when you see stations with absolutely no cars - you immediately assume it is closed but when you approach closer you see people and you think maybe it isn't closed. So I think first we should attempt to get our station operators in West Covina to voluntarily comply with these things and if they don't then move in and pass an ordinance with some teeth in it. Mayor Lloyd: I think that is a good idea. I do feel I would like to see some sort of situation of a clearing house and since the Chamber has indicated a willingness - and I am not trying to saddle anyone with a big job and your point Councilman Nichols is of merit - that these people do shift around a great deal and all the situation needs is time to correct itself - and of course we have the questions which ask do we have the right to involve ourselves and are we going too far, but as far as I am concerned if there still exists any confusion in the minds of the people we might consider this and let's ask the Chamber if they can provide this kind of a service. I don't think it is that difficult if we send out a letter to each.of the service station operators saying will you please notify us,of your hours of operation, hours of selling gas, etc., that we are really going to run into a big problem. I don't think these people are trying to be clever, I think they are on a catch as catch can basis and perhaps they are a bit confused also; and since they have -,gas especially in the last few weeks all they had to do was pump one car and they had a line of cars immediately so they really didn't consider this to be a problem to the public. But to the man like myself or yourself cruising around trying to find a place open its of considerable concern, of frustation to try and find a.station open, and then waiting in line an hour including finding the station open. . If we could offer any kind of a solution, even though it may be partial, I think that really beats the very frustrating experience of now I am down to empty and now what do I do: In the meantimeyou are coasting up to the stops and doing all those routine things to try and get some gas. Councilman Nichols: I will go along with any procedure whatsoever which does not attempt to convey to the citizens that the Council 8 - CITY COUNCIL Page Nine CONSENT CALENDAR - Cont'd. 3/11/74 by its action is providing an ongoing and accurate referral system, which will tend to solve their gasoline problems. Because if we do that I think we are heading for trouble. Councilman Chappell: Mr. Mayor, the station at Azusa and the freeway has started to use the flag • method recommended - the green flag indicating they have fuel and the red flag they don't and the yellow flag for emergency vehicles that can fill up there. You can spot that flag from a good block away and so it is effective. That might be something when calling them, Mr. Aiassa, that you might recommend to them. Councilman Nichols: Of course then they have to apply for a permit under the City's flag and banner ordinance. Mayor Lloyd: Could I have a motion that the Chamber of Commerce go forward with this and we in the City send a letter, a duplicated form letter, to each of the stations saying we are trying this and we seek your cooperation, will you please coordinate with the Chamber of Commerce in giving your hours, etc. Do you think that is possible? Mr. Aiassa: Yes, if the Council thinks this is worthwhile it might be well for Mr. Strachan and myself to get together and go over this and work out a procedure and we could try it on a voluntary basis. Mayor Lloyd: How long will this take? Mr. Aiassa: About a week to get the letter out and an answer back. Motion by Councilman Shearer that the City staff be instructed to work with the Chamber of Commerce to encourage the service station operators in West Covina to comply with the items we have mentioned in our discussion. Seconded by Councilman Young and carried. GENERAL AGENDA ITEMS PUBLIC WORKS s. LIGHTING ASSESSMENT LOCATION: Citywide. DISTRICT NO. 71-76 (Council reviewed Engineer's report) ASSESSMENT RATE (LAD 71-76) Mr. Zimmerman: Mr. Mayor and members of Council, this is the annual setting of the assessment rate which is done regularly at"this time. There is no increase in rates over the past year and we recommend approval of the resolution called for in the agenda. RESOLUTION NO. 4848 The City Attorney presented: • ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE LEVYING OF THE ASSESS- MENTS FOR THE FOURTH YEAR (OF THE FIVE YEAR PERIOD BEGINNING JULY 11 1971 AND ENDING JUNE 30, 1976); PURSUANT TO PROCEEDINGS UNDER RESOLUTION OF INTENTION NO. 4389; ORDERING THE CITY CLERK OF SAID CITY TO TRANSMIT DIAGRAM AND ASSESSMENT TO THE COUNTY TAX COLLECTOR AND EMPOWERING SAID TAX COLLECTOR TO MAKE COLLECTIONS OF SAID ASSESSMENTS FOR SAID FOURTH YEAR." ■n CITY COUNCIL Page Ten PUBLIC WKS: Res. #4848 3/11/74 Motion by Councilman Young, seconded by Councilman Shearer and. carried, to waive ..further reading of said resolution. Motion by Councilman Young, 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 FREEWAY EXCESS PARCEL LOCATION: Adjacent to .North Frontage PURCHASE Road, easterly of Grand Avenue. (Council reviewed Engineer's report) Mr. Aiassa: Mr. Mayor and members of Council - this matter was brought up by Council and staff has submitted a report and a recommendation. Councilman Shearer: Mr. Mayor a question. Since we are buying this from the Department of Transportation, a State Agency, am I disqualified from the discussion? Mr. Wakefield: Yes sir. Councilman Shearer: Mr. Wakefield, would it be in order for me to discuss the cost of building a sign on the property which we may some day want to do if the City purchases the property? Mr. Wakefield: Yes, you may discuss that. It is only the purchase of the property from which you are disqualified. Councilman Shearer: I am not talking about the purchase I am concerned obviously going and times..... Mayor Lloyd: of the land, I think it is a good deal for $10.. - if we need the land. with the fact that once we buy the land we are to have to put it to use and I think in these days Attorney will you clarify he was saying? Excuse me, but I think you may be running against the recommendation of the City Attorney. Mr. City this'? Does he have a conflict in what Mr. Wakefield: Councilman Shearer, I think you have a conflict insofar as the dis- cussion of the desirability of lack of desirability of purchasing the land from the Department of Transportation. However, you may discuss whatever consequences may flow from that purpose insofar as it relates to the use of the property once acquired by the City. Councilman Shearer: That is what I would like'to talk • about. If I step over the bounds will you please advise me? I don't want to be in conflict. I think in these days and times to be considering establishing a sign at the entrance to West Covina, and incidentally we are already getting one sign free provided by the Department of Transportation, and consider spending four or five thousand dollars and obviously if we have one on the east end of town someone will want to put one at the west end of town, and generally the estimates of four to five .thousand end up six to ten thousand. SoI think that is too much money to pay for a sign. - 10 - • Page Eleven CITY COUNCIL l Purchase 3/11/74 PUBLIC WKS . Freeway Excess Parce Councilman Young: Mr. Mayor, a comment. I think we shouldn't in all our austerity forever forget about building something nice now and then. Maybe this sign will come to be and maybe it won't; and maybe some future time some City Council will be calledupon to make that determination. I don't know if this parcel of land is big enough to allow,a car to stop and eat a sandwich on or not, but I think we should buy this piece of property for $10. and as for myself I wouldn't be offended to kick in a few dollars to get a sign up there advertising the City. I think it would be nice to have something nice as you enter the City, at both ends. I see these signs down on Badillo, I think, going into Covina and it is nice to have the sign there and it has rocks and things and it gives me a good feeling, it has a warmth to it. I wouldn't be offended by it anymore than by someone wanting to build a band shell down in Cameron Park or Cortez Park or wherever. But the Council is going to decide that issue when it becomes an issue and as of this moment I say let's get this land. I move that the City Council authorize the Mayor and City Clerk to execute an agreement to pur- chase Parcel 54447-01-02 for payment of $10.00. Seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Chappell, Lloyd NOES: None ABSENT: None ABSTAIN: Shearer FREEWAY WIDENING LOCATION: San Bernardino Freeway, LANDSCAPING. COOPERATIVE Puente Avenue to Holt Avenue. AGREEMENT NO. 2991 (Council reviewed Engineer's report) STATE DEPT. OF TRANS- PORTATION RESOLUTION NO. 4849 The City Attorney presented: (FAILED) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ATTESTING TO THE URGENCY OF THE COMPLETION OF CERTAIN LANDSCAPING IN WEST COVINA AND REQUESTING THE WORK TO BE DONE BY FORCE ACCOUNT, AND DIRECTING THIS RESOLUTION TO BE SUBMITTED TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION." Motion by Councilman Young, seconded by Councilman Chappell, and carried, to waive further reading of said resolution. Motion by Councilman Young, seconded by Councilman Chappell to adopt said resolution. Councilman Chappell: again by the forever and later date? Mr. Aiassa: State when ever for the A question. In passing this resolution would there be a time that the landscaping might be taken over money is available or is this limiting us ability of funds that may appear at a bid that Mr. Kasler has he top in these areas that we some type put in. We will ever after the Department Councilman Chappell, the question that came into focus and is rather critical now is that in the present has been authorized to install black would like to see some landscaping of have to maintain the landscaping for of Transportation finishes the contract CITY COUNCIL Page Twelve PUBLIC WKS.: Freeway Widening 3/11/74 Landscape Coop. Agree. #2991 and gives us the streets back and the surplus property outside of the fenced area. Originally it was $83,000 and through the co- operation of the Department of Transportation they gave us an additional $6,000, so this gives us a little break. It is rather a lengthy area but not very wide and we are thinking of doing something like we did on Glendora - using ornamental rock, some shrubs. Councilman Nichols: I think Councilman Chappell's state- ment has a great deal of merit to it because you always get the rebuild of costs continuing to maintain what you have done. I think an appro- priate addendum to this recommendation would have been a careful analysis of the manpower needs in the long range cost of caring for this kind of improvement and if there were a need for adding employees, equipment, etc.; the $80,000+ figure might pale into insignificance alongside the rest of it. On the other hand the beautification concept is valid. I would think it would really be more appropriate to hold final decision on this item until staff can give us better information on what such a commitment means in the future in cost for maintaining. Mayor Lloyd: Further discussion? I am amenable to that. While I personally favor this type of thing I recognize the ongoing cost that can be incurred in the development of this. Will we lose out if we don't do it right now? Mr. Aiassa: It is critical and if we wait too long the contractor may proceed under the contract and put black top in. Mr. Zimmerman, what is the time? Mr. Zimmerman: We have been told before that the State is very anxious to get it done. I don't think they have a firm commitment from the contractor, so it is somewhat debateable. We would assume another. two weeks would be all right if we felt confident that we could tell him the Council would make a. f inal answer at that time. Mayor Lloyd: I believe, with Council approval, we can indicate that a decision will be made in two weeks, which doesn't indicate a yes or a no, just merely that we will make that decision. Is that agreeable? Mr. 'Zimmerman: Motion on the AYES: None NOES: Young, ABSENT: None ABSTAIN; Shearer Yes, Mr. Mayor. adoption of the resolution failed. Nichols, Chappell, Lloyd Motion by Councilman Chappell that this item be held over for two weeks and a cost analysis be prepared as to what the ongoing cost will be to maintain this land through landscaping and the replacing of plants, watering (and I assume the irrigation system would be included in the $89,000), and the ongoing costs after the $89,000 is used up in preparing and landscaping it. Seconded by Council- man Young and carried. - 12 - CITY COUNCIL Page Thirteen ORAL COMMUNICATIONS 3/11/74 Councilman Young..Mr. Mayor, if no one comes forward I would like to address the Council at this point. First, going back to the presentation by Mrs. Davis, (I didn't want to wait until the end of the meeting in case she had to leave), I was a little confused • about the statement.she made regarding the request she made about the Fair Employment Practices Act in the City of West Covina. I do recall meeting with Mrs. Davis a little over a year ago while I was still Mayor. Mr. Aiassa and I met with Mrs..Davis and we did dis- cuss the Affirmative Action Program and the hiring practices of the City. Is that the same thing you are talking about now, Mrs. Davis? Because I just don't recall having ignored you. Mrs. Davis: No, I don't think you did ignore me. Somebody instructed Councilman Nichols to come to the Human Relations Commission meeting and he instructed them to get the resolution together for Fair Employment Practices for the City of 'West Covina, and somewhere communication broke down and no one ever did follow through with it. I asked the City Council on February 13, 1973 during Black History and Brotherhood Week would they please pass a resolution in the City for Fair Employment Practices and maybe the bus_;_ness people would abide by this. Councilman Nichols.: My recollection on'this - I don't recall I was ordered to attend that particular meeting. As I recall I was the Council liaison at that time and I believe that was the night a report was made on Fair Employment Practices and there was,dis- cussion whether or not the City of West Covina could or should enact particular legislation in this area. I believe that my statement at the time was that there were some areas pre-empted by state law and that we probably could not act and there were other areas where we might be able to act and it was my thought and feeling at that time that the Human Relations Commission should investigate those two areas and make a recommendation to the City Council as to what legislation might'be appropriate for the City of West Covina. It is, I believe, correct that somewhere from that point on it died or got lost and did not come up to Council. Councilman Young: Would this be an area that we should have a legal opinion on from the City -Attorney? Councilman Nichols: I would suggest that probably the first course of action would be to ask staff to research the minutes of that Human Relations meeting - was that the 13th of February'? Mrs. Davis: No. The 13th of February is when I made a request of City Council, not the Human Relations Commission. You attended a meeting that I attended and you spoke'. to them about a resolution coming from them so I assumed you came to represent the City Council. • Councilman Nichols: No, Councilmen are assigned to the liaison functions of the various Commissions for usually a three month period and then another Councilman will be and so forth. But it was my thought at that time that it was a function the Human Relations Commission could perform and send a recommendation up to Council. So perhaps first we can search the minutes of that meeting CITY COUNCIL Page Fourteen ORAL COMMUNICATIONS 3/11/74 to find out what the recommendation was and then follow up with another request to the Human Relations Commission. Mrs. Davis: I approached the City Council, not the Human Relations Commission, they have no power only through the City Council. . Would the City Council be in favor of passing a Fair Employment Practice program for this City particularly because we don't have an integrated Police Department or Fire Department in this City? Councilman Young: Action Program so far as the and I thought that had been carried out now. Mrs. Davis: That is the source of my confusion. That is where I thought we had worked laboriously over an Affirmative City's hiring practices are concerned pretty well hammered out and is being encorces such a ruling that we throughout the City. Councilman Nichols: Mrs. Davis: The City's hiring practice couldn't reach out to the business community unless the City of West Covina have Fair Employment Practice Mrs. Davis, are you referring to employment in the private sector as well? Yes, I am not particularly talking about the City. Councilman Nichols: My recollection is that I said at that time - although I was not an attorney that I was confident that the matter of Fair Employment Practices in the private sector were beyond the purview of the City Council in that there were existing laws in both State and Federal that involved those areas and the courts hold if a higher level of government (the state for example) has passed legislation operating in a given area that the City Council is not privileged then to legislate in that same area. Mrs. Davis: How do we have a Fair Housing resolution in this City"? Councilman Nichols: We do not have a municipal Fair Hous- ing Act under law that has teeth in it. We have made public statements that we subscribe to the laws on the books. Mrs. Davis: Well then I would like apublic statement from the City Council sub- scribing to the Fair Employment Practices Act. Motion by Councilman Nichols that the City of We.9t Covina go on record here and now as being in full support of the laws of the land, particularly those this evening that apply to the Fair Employment Practices Act of the Federal Government or any sub- sidiary or corollary State laws that may be operative in that • area. Seconded by Mayor Lloyd. Councilman Young: Mr. Mayor, I av going to oppose it for the reason that when everyone took our oath of office we swore to that position. I don't think we need to underscore that by another vote. I don't feel the necessity of saying "amen" every so often to the very thing I am sworn to do. - 14 - CITY COUNCIL Page Fifteen ORAL COMMUNICATIONS 3/11/74 Councilman Chappell: I think that applies to a lot of things we continually do - the Pledge of Allegiance to the flag and a number of other things we continually do. I find no fault with this Council from time to time coming out and reminding the people in our community that is the stand we take. Councilman Young: As an individual I am totally in favor of saying "yes, let's have Fair Employment Practices, let's have Fair Educational Practices, let's have Fair Housing Practices.... Councilman Chappell: We have done that for Fair Housing and the School Board is responsible for the educational end of it. This is just another step like we did for the Housing Act. Councilman Young: All right I will vote "yes" Motion carried on roll AYES: Young, Nichols, NOES: None ABSENT: None call vote as follows: Shearer, Chappell, Lloyd Mrs. Davis: May I have that in writing? Thank you. There is just one thing I would like to say. I am a member of the Board of Directors of the Red Cross and I have been appointed Memberhip Chairman for the City of West Covina, and I would like to invite everyone to join. THE MAYOR DECLARED A RECESS AT 8:45 P.M. COUNCIL RECONVENED AT 8:55 P.M. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented:, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF WEST COVINA, CALIFORNIA, AMENDING SECTION 9216.2 AND 9218 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE GRADING AND EXCAVA- TION OF PROPERTY IN THE CITY OF WEST COVINA, AND INCLUDING THE EXTENSION OF THE HILLSIDE OVERLAY ZONE." (Amendment No. 119) 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 and carried, to introduce said Ordinance. ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST'COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE - ARTICLE IX - RELATING TO REQUIRED OFF-STREET PARKING. (amendment No. 118) 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 and carried, to introduce said Ordinance. - 15 - • CITY COUNCIL CITY ATTORNEY - Cont'd. Page Sixteen 3/11/74 ORDINANCE INTRODUCTION The City Attorney presented: "AN ORDINANCE OF T1tE CITY COUNCIL OF THE C LTY OF WEST COVINA, CAL:I.1.-'ORN LA, ADDING SECTION 6235.7 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE REPRESENTATIVES OF NEWSPAPER PUBLISHERS. Mr. Wakefield: Mr. Mayor and members of Council, this ordinance is with reference to the comments made by City Council with reference to those provisions of our Municipal Code which relate to the licensing of solicitors and also a suggestion for simply permitting persons under 18 years of age to act as repre- sentatives of newspapers for the purpose of soliciting subscriptions. Motion by Councilman Young, seconded by Councilman Chappell and carried to waive further reading of said Ordinance. Motion by Councilman Young, seconded by Councilman Chappell to introduce said Ordinance. Councilman Shearer: A comment, Mr. Mayor. This wasn't really what I had in mind. We are still imposing a requirement (and I am sure the newspaper isn't going to like it), but we are asking for the issuing of a letter to a young man as his authorization to go out and solicit. If any of you are familiar with young boys you know about two trips through the neighborhood and that letter will be in such a form that no one will be able to read it. You don't sign a contract for a subscription to a paper, you don't pay in advance and I really wonder if we need to have all of this ordinance applicable to all these type of activities where no contract is signed, no money changes hands until you have your paper for a month. To make this applicable even though it is through an exemption and has to be covered by a letter - that really isn't why I brought it up. I would like to see a complete exemption of those types of solicitations where no contract is signed, no money changes hands and the goods deliveredbefore paid for. Mr. Wakefield: I don't think there is any problem so far as our ordinance is concerned. What I attempted to do here was simply to tie the provision to the business license provision of the ordinance. We do issue business licenses to newspaper publishers and the amount of the license fee they pay is based upon the number of employees, just as in the case of other businesses. I think there is no reason why solicitors for newspapers, particularly minors, or the people who deliver newspapers and collect for them could not be exempted. Councilman Shearer: two weeks after it is given he will not have it and I am be in the same situation. • Mr. Wakefield: Councilman Young: I would like to see them exempted with a letter because I know good and well my boy won't have his letter to him and if anybody asked him for it sure all the other boys in town will employer is a nice letter. for I will be glad to try again on this matter if it is your desire I do so, Mr. Mayor and Councilmen. I think we might be making too much of too little. The letter the youngster will get from his him to keep for his records and prove - 16 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Seventeen 3/11/74 at a later date that he was once a newspaper carrier or solicitor for the Tribune or some other newspaper. On the otherhand I don't know of any instant over the years where the newsboy has gotten into trouble for soliciting or collecting on his route and that is the practical aspect of it in trying to regulate the areas where there is some opportunity for abuse and trying not to infringe upon areas of wholesome activities. I guess it doesn't really matter which way it goes. I wouldn't be offended by a letter :if I were a boy delivering newspapers, in fact I would have been kind of honored by having one. Councilman Shearer: I think the point you make that over the years no newsboy has gotten in trouble speaks well for the fact we don't need to begin to have them covered because in all these years he has been in violation and no one has saw to enforce it, so why have a law that no one bothers to enforce, so let's just exempt it. Councilman Young: Well when you start exempting you make it into some problem of due process of equal representation or discrimination - something like that. Councilman Nichols: Mr. Mayor. The way this is written if I understand it correctly, all it states here is that this section will authorize the licensee to issue letters; it doesn't require it. In fact, for instance, if the Daily Tribune should not issue letters to its carriers at a given time there is no punitive action involved. There is nothing that says he "shall do this thing." On the other hand there could evolve certain circumstances in the City where outside commercial type solicitors come into the town using youngsters and begin to create a problem where the Daily Tribune or other local newspapers might consider it highly desirable to identify their newspaper carriers in some way and on that basis it might be of a great advantage. If we just exempt it, as has been stated, any type of requirement of identification or any type of vehicle for it, we could well run into a difficulty when one of these situations arise again, as has happened in the past. Mr. Wakefield - is that in fact correct, as this is worded, that it does not require? Mr. Wakefield: That's correct. It does not require. Councilman Nichols: And if the licensee felt it was help- ful or desirable, or the Council feels it would be helpful on a cooperative basis then at anytime that could be done. Mr. Wakefield: Yes, that is correct. Councilman Nichols: So in that spirit I would say this is probably the best way to handle it. Councilman Shearer: I didn't read it that way, but since you have explained it I will with- draw my objection. Motion carried. ORDINANCE INTRODUCTION The City Attorney presented: ,,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, - 17 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Eighteen 3/11/74 AMENDING SECTIONS 7504, 8112.2 AND 8112.3 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE INSTALLATION OF STREET LIGHTS IN CONNECTION WITH THE DEVELOPMENT OF PROPERTY." Motion by Councilman Shearer, seconded by Councilman Young and • carried, to waive full reading of said ordinance. Motion by Councilman Shearer, seconded by Councilman Young and carried, to introduce said ordinance. DETERMINATION OF DISABILITY Mr. Wakefield: Mr. Mayor and FOR RETIREMENT PURPOSES members of Council, the staff report indicates that this item should be re -referred back to the Personnel Board for further consideration and recommendation. So moved by Councilman Young, seconded by Councilman Shearer and carried. MALONE v. CITY OF WEST COVINA, ET AL - CASE NO. USDC NO.CV74 256JWC RE MAGAZINE SOLICITORS Mr. Wakefield: This is simply a follow up on the previous report with reference to this legislation. The Federal District Court has dismissed the action as to the City of Los Angeles, City of West Covina and the other cities that were parties to the defendant on the ground there was no federal question involved. This is just an informational report, Mr. Mayor. THE CHAIR RECESSED THE CITY COUNCIL MEETING AT 9:06 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. CITY COUNCIL RECONVENED AT 9:08 P.M. CITY MANAGER MITCHELL, SILBERBERG & Motion by Councilman Nichols, seconded KNUPP - Consultants by Councilman Chappell, to authorize payment of $950. to Mitchell, Silberberg & Knupp, Consultants re Waldon hearing. Motion carried on roll call vote as follows: AYES: Nichols, Shearer, Chappell, Lloyd NOES: Young ABSENT: None Councilman Young: Mr. Mayor, I only voted "no" to be consistent with an earlier position. I really never felt that Special Counsel was needed by the City at the hearing. Maybe I am wrong, I didn't go to the hearing. In any event that is the reason for my "no" vote. I am sure the fee was well.earned. SAN GABRIEL VALLEY WATER Motion by Councilman Shearer, COMPANY RATE INCREASE seconded by Councilman Chappell and )Informational Report) carried, to receive and file. • ENERGY CRISIS REPORT Mr. Aiassa: . Mr. Mayor, I would like authorization from Council to immediately go into a program of reducing our operations in the nonessential areas as we'are now consuming gasoline at approximately 550 gallons a day, seven days a week, and at this rate we will probably be close to empty on 3/27/74. We have several plans for consideration and implementation but I would like authorization 18 - • 0 CITY COUNCIL CITY MANAGER - Cont'd. Page Nineteen 3/11/74 from Council to allow the City Manager to use whatever remedial plan possible to avoid depletion of gasoline by 3/27/74, and you will be kept advised. What I would like to do is remove some staff cars from operation and reduce the consumption of gas in certain departments and reducethe number of cars in operation for nonessential trips to keep the gasoline for those emergency vehicles. Councilman Nichols: One statement was.made in here of the possibility of sending vehicles out into private stations for gasoline. I assume you have discarded that as one alternative except in an emergency situation and I want to commend you, Mr. City Manager, and the staff, for embarking on the reduction of all but essential activities in order to retain and preserve for the citizens of this community the limited supply of gas being made available at service stations in the City. I think if all city governments, county and state, would set examples of that type and restrict some of their own usage while the public itself is under restriction, that the public concept of public service would rise to a height it hasn't reached for sometime. Councilman Shearer: A comment, Mr. Mayor. About three weeks ago I turned in about 18/ of the passenger vehicles in my organization and locked them up in our yard. They can't be driven. So other agencies are in fact doing something to try and save gasoline. I think it goes without saying that the energy crisis affects the city as well as any other organization and perhaps the Council should instruct the City Manager basically not to run out of gasoline for emergency services and how he goes about doing it is up to him, and if he does run out then we may have some things to say. Councilman Young: Mr. Mayor - I think it is wonderful that we are just cutting out non- essentials and if the City keeps operating without them then we have set a way for tax reductions in the future and.still maintain the services. Councilman Shearer: I think that term "nonessential"is probably improper to use, I would like to use the term "lower priority." Mr. Aiassa: Mr. Mayor, may I have a.motion of Council concurrence? Mayor Lloyd: I would say you have concurrence, Mr. Aiassa. Do you have to have a motion. Mr. Aiassa: Yes, it helps - it..is known as the Big Stick to my departments. Mayor Lloyd: Let it be known to your Departments that you have the biggest stick in town. 5-0. HAROLD B. WALLACE LEAVE OF ABSENCE REQUEST Mr. Aiassa: Mr. Harold Wallace WITH PAY without job and employees we have gratated additional has happened is that Mr. Wallace has time of his illness andhe would like first requested a leave pay. He is now back on the I gave you a report of the sick leave with pay. What not received pay duringthe to ask the City to advance - 19 - 0 CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty 3/11/74 him 30 days.sick leave salary as done to other employees who paid it back over a period of time - Margaret Coulter, Joyce Jordan Nancy Pond. All of these employees repaid all of their advance sick leave. Motion by Councilman Nichols to approve the request by Harold Wallace as stated in Staff recommendation in report dated March 8, 1974. Seconded by Councilman Young and carried. CLAREMONT COLLEGE WORK STUDY CONTRACT and PITZER COLLEGE ADMINISTRA- TIVE INTERN PROGRAM CONTRACT Mr. Butzlaff: year there would have been no ask for an additional $1,000 Mr. Aiassa: Mr. Aiassa: This is similar to our last year's program with LaVerne College and I hope this time they don't come back and ask for an additional $1,000. Mr. Butzlaff, do you have anything you want to add to the report? Mr. Mayor and members of Council, I will only say if we had a contract with LaVerne College like this last necessity for them to come back and from Council. This time we guarantee it. Motion by Councilman Shearer, and seconded by Councilman Chappell to approve the work-study contract with Claremont College and the Administrative Internship Program with Pitzer College on the basis that from such use of the internship budget maximum benefit is derived, both for the student and the City. Motion carried. RECOGNITION OF THE FOLLOWING West Covina City Employees Assoc., EMPLOYEES' REPRESENTATIVES: West Covina Police Officers Relief Association and Public Employees Union, Teamsters Local 986/West Covina Firemen's Association Mr. Aiassa: Mr. Mayor, I will turn this matter over to the City Attorney. There is a written report from the Personnel Board, Council has received copies. Mr. Wakefield: Mr. Mayor and members of Council, the Personnel Board has recommended that the West Covina City Employees Association be recognized as the representative of the so-called Miscellaneous Employees of the City on the same basis it was recognized last year. Councilman Chappell: Mr. Mayor, before we vote on this we are asked by the City Manager to have an Executive Session - I would like to hold off on this item until we come back from the Executive Session. Mayor Lloyd: Fine, and at this point I will call the Executive Session. COUNCIL WENT INTO EXECUTIVE SESSION AT 9:18 P.M. AND RECONVENED IN THE COUNCIL CHAMBERS AT 10:09 P.M. Motion by Councilman Nichols that recognition be given of employee representatives to the West Covina City Employees Asso- ciation; the West Covina Police Officers Relief Association; and the Public Employees Union - Teamsters Local 986/West Covina Fire- men's Association. Seconded by Councilman Chappell. - 20 - E CITY TY COU NC I L C.PVY MANAG.F:iI - Cont'd. Page Twenty-one _3/.L 1/74 Councilman Shearer: Mr.. Mayor., a quesL..ion. I w(,)la.l_Cl li.hc to hear from the City Manager or someone - I noticed in the original petition by the Police Association they asked to represent the Reserve Officers and the Personnel Board, I believe in their minutes but I can't put my finger on it now, I read them Sunday Afternoon, they indicated they believed this was a matter for Council policy as it relates to part-time personnel. If the Personnel Board indicated that perhaps there should be some dis- cussion. Perhaps the City Manager or someone can enlighten me as to the cons and not the pros of including these men. They are a very vital part of our force and without them our Police Depart- ment actually couldn't function. I believe'the statement was made by one of the Board members that this was a Council matter. Maybe part-time employees can't be represented - Mr. Wakefield? Mr. Wakefield: Mr. Mayor and members of Council, the part-time employee has the right to join any employee organization of his choice. This was the first time, I think, that the Police Associa- tion had applied to represent the Reserve Officers. The Personnel Board, I think, was confused with reference to part-time employees in general as related to employee organizations. There seemed to be the feeling that part-time employees somehow were not entitled -to belong or be represented by an employee organization. However,. this is not the case. Part-time employees are entitled to join in and be members of employee organizations just as full-time employees are. The question from the policy standpoint is simply whether or not Reserve Officers should or should not be represented by the Police Association, not whether the Reserve Officers can be members of the Police Association. Councilman Shearer: Can the Council refuse to recognize a bargaining unit for them, or can the City refuse to recognize a bar- gaining unit? Mr. Wakefield: No, I think the fact is if they were not represented by the Police Asso- ciation then they would be represented by the Miscellaneous Employees Association, which is the general employee category of Employee Associations. Councilman Shearer: So you said then we cannot refuse to allow them to be represented? Mr. Wakefield: If they are not represented by the Police Association then they would be represented by the Miscellaneous Employee Association. Councilman Shearer: I think you said "yes". Mr. Wakefield: I said "yes". Councilman Nichols: I would like to see us accept the recommendation and during the course of the coming year if the Reserve Officers of the Police Department have a feeling about this matter that they communicate that feeling through their own methodology and certainly we can consider that for the future, but for myself I certainly would not want to move into a contrary decision and - 21 - CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty-two 3/11/74 establish recognition on this matter this evening. I am inclined to feel because of the nature of their duties and the type of structure, for the time being it would be best not to include them for negotiation purposes as members of the Police Association. Councilman Shearer: Mr. Mayor, I will be voting "no" on • this because I feel they have made their request. They made it through channels of the Personnel Board and Mr. Wakefield indicated they are entitled to be represented and the City Council cannot refuse to allow them representation, and it seems to me the Police Association would be the more logical place for them to be represented in rather than the Miscellaneous Employees Association. So I will vote "no". Councilman Nichols: That might well be true and I might concur with you later on. Motion carried; Councilman Shearer voting "no". FIRE CHIEF POSITION Mr. Aiassa: The next item would be the position of our Fire Chief, who has been on disability leave for approximately a year. Mr. Wakefield. Mr. Wakefield: Mr. Mayor and members of Council, it is the staff recommendation that the Fire Chief, Calvin Wetherbee, be restored to duties for a period of 90 days; that the City Personnel Officer be authorized to begin immediately to recruit for a Fire Chief and that an acting temporary appointment be made to the posi-tion of Deputy Fire Chief to replace Mr. ahort who has resigned. So moved by Councilman Shearer, secondedby Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None Mr. Aiassa: Mr. Mayor, there is one additional motion needed, that the Acting Deputy Fire Chief, Harold Schwartz, be given an additional $125. per month for carrying on the added respon- sibilities. seconded by Councilman follows: AYES: Young, NOES: None ABSENT: None MITCHELL, SILBERBERG & KNUPP So moved by Councilman Shearer, Chappell and carried on roll call vote as Nichols, Shearer, Chappell, Lloyd this over to the meeting of have them present to discuss indicated no objection.) 1974 STATE PARK BOND ACT (Staff Report) and Mr. Aiassa: Mr. Mayor - if Council has no objection, I would like to carry the 18th at which time I would like to this matter with Council. (Council RESOLUTION NO.4850 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ENDORSING THE METHOD OF ESTABLISHING A PRIORITY LIST OF EXPENDITURES AND THE DISTRIBUTION OF FUNDS - 22 - • CJ CITY COUNCIL CITY MANAGER - Cont'd. Page Twenty-three 3/11/74 FROM THE STATE BEACH, PARK, HISTORICAL AND RECREATIONAL FACILITIES BOND ACT OF 1974." Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive full reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None PROPOSED PARK SITE Motion by Councilman Nichols to ACQUISITION authorize staff to investigate the (Staff Report) feasibility of acquiring surplus School District land for park sites and notify the Covina School District of that interest. Seconded by Councilman Young and carried. MAYOR'S REPORTS PROCLAMATION Mayor Lloyd: If there are no objections by Council, I will proclaim "Community Health Week" March 17/24, 1974. (No objections) (Mayor Lloyd then called attention to the new Staff Reporter - Harold Klemp, of the San Gabriel Valley Daily Tribune; welcomed him and hoped he would stay longer than some of the others.) Councilman Chappell: Mr. Mayor, you might explain the reason wehave a new representative. Mayor Lloyd: Yes, the reason we have is that Bob Christenson moved up to Editor and Mike McDonnell moved un to Assistant Editor. At.thi8 point I would like to have a City plaque for both Mike McDonnell, who has been the City Reporter, and Austin Phillips, who has been a City Reporter and is leaving the Tribune. We would like to commend them on their good services. May I have a motion to that effect? So moved by Councilman Chappell, seconded by Councilman Shearer and carried. COUNCILMEN'S REPORTS/COMMENTS Councilman Young: Only one thing. You will recall we had quite a flap over leftturn median between the entrance to the City Hall and West Covina Parkway - I am glad to see that there is a controlled leftturn signal now at West Covina Parkway and Sunset. I would like to suggest and move that the City install a sign which would face the southbound traffic and that sign would say "U Turn Permitted". I realize under the State Law unless it says "Prohibited" now it is permitted, but I realize that it would be of an advantage to have such a sign there across from the court house. Seconded by Councilman Shearer. Councilman Shearer: Doesn't the law become effective as of July 1? Councilman Young: I don't know. - 23 - L CITY COUNC"L, Page Twenty-four Councilmen's Reports/Comments 3/11/74 Councilman Shearer: I had that down also to question because at the time we had the objections by Mr. Ellis - a businessman there - he was told a turn would be allowed, so I think the City should follow through on that. Motion carried. • Councilman Shearer: Mr. Mayor, just in case my fellow Councilmen and including newly elected. Councilman Browne, don't get your letter in time because we have been having a very hectic time the last.few weeks, with regard to opening day of the Edgewood Bronco League, this is Saturday at 9 A.M. at Waldermado Park and you are all invited to attend. Mayor Lloyd: I see Mr. Corby is in the audience and I just want to say I thought you fellows did a very fine job on the Police Benefit Show, it was really very well done. I attended and enjoyed it thoroughly. Mr. Aiassa: Mr. Mayor, there is one other item and that is the acceptance of the letter from Nevin Browne, who is resigning from the Planning Commission. Motion by Councilman Chappell to accept the resignation of Nevin Browne from the Planning Commission and issue him the usual perma plaqued resolution for those who are leaving City Commissions. Seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Young,Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None DEMANDS Motion by Councilman Shearer to approve Demands totalling $797,780.70 as listed on Demand Sheets C951 through 954 and B60 and B614A through 616A. 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 Chappell and carried, to adjourn meeting at 10:25 P.M. to March 12, 1974 at 7:30 P.M. ATTEST: CITY CLERK APPROVAL: MAYOR