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11-12-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 12, 1974. The regular meeting of the City Council called to order at 7:32 P.M. in the West Covina Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by Brownie Troop #502 members - Dixie Baker, Laurel Bradford, Janie Powers and Christine McDowell. The invocation was given by Rabbi Elisha Nattiv of Temple Shalom. ROLL CALL Present: Mayor Shearer; Councilmen: Browne, Chappell, Young Absent: Jim Lloyd Others Present: George Aiassa, City Manager Lela Preston, City Clerk Colin Lennard, City Attorney George Zimmerman, Public Service Director Michael Miller, Planning Director Leonard Eliot, Controller Janet Williams, Administrative Analyst John Lippitt, City Engineer Craig Meacham, Deputy Chief of Police Richard Klemp, Staff Reporter - S.G.V.D.T. Bob Sutton, Staff Reporter - Sentinel Mayor Shearer: I believe Councilman Lloyd is absent due to the fact he is out of town preparing for his new job and for the record I would like to read the following letter dated today addressed to the Mayor and Honorable City Council. "It is with mixed emotions that I herewith submit my resignation as Councilman of the City of West Covina effective upon acceptance of your honorable body. During the past 6 years I have worked hard for what I believed to be in the best interests of the City of West Covina and I am most appreciative of the professional attitude and personal cooperation that I have received from each and every member of this Council. It has been a pleasure to serve the people of our fine City and because of these people I shall always remember these past 6 years as some of the most special of my life." Signed, James F. Lloyd. It is my recommendation that this letter be accepted with the acceptance date of November 25th, which would be our next regular meeting. So moved by Councilman Chappell, seconded by Councilman Browne and carried. (Mayor Shearer further explained that although Councilman -elect Tice is in the audience, he is not sitting up here due to the fact this was a general election and the results are not official until canvassed by the Board of Supervisors. It is anticipated this canvass will be made on the 19th of this month and Councilman Tice will then take his place on City Council. Councilman Young said he felt some further explanation would be in order. It was also necessary for Mr. Tice to file a Conflict of Interest statement when he filed .as a candidate for City Council, which he did, but that is only effective if he gets elected. He has now run a zerox copy of it and filed it again today and that has to sit around for ten days in the City Clerk's office before he -' can be sworn in, and that is part of the reason Mr. Tice is not sitting on Council as yet.) - 1 - • • CITY COUNCIL Page Two 11/12/74 (Mayor Shearer stated he had presented to him earlier today a letter of resignation from Mr. Tice resigning from the personnel Board, which creates a vacancy on the Board; also at this time the Mayor felt a motion would be in order for a perma plaque resolution of commendation for Councilman Lloyd and Commissioner Tice.) Motion by Councilman Chappell, seconded by Councilman Browne, that resolutions of commendation be approved and perma plaqued for Councilman Lloyd and Commissioner Tice. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd RESOLUTION NO. 4962 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING COUNCILMAN LLOYD FOR HIS SERVICES TO THE CITY OF WEST COVINA. RESOLUTION NO. 4963 "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING COMMISSIONER HERB TICE FOR HIS SERVICES TO THE CITY OF WEST COVINA." Motion by Councilman Chappell, seconded by Councilman Young and carried, to waive full reading of said resolutions. Motion by Councilman Chappell, seconded by Councilman Young, to adopt said resolutions and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd Mayor Shearer: I might explain to those in the audience who might be wondering what happens next - the resignation of Councilman Lloyd is effective two weeks from tonight which will create another vacancy on Council. Council has two choices by law. One is to appoint, the other is to call for.a special election. The dates of the special election are spelled out by state statute;; the first is the first Tuesday in March and the second date °is the last Tuesday in May. Council has 30 days from the date of the vacancy in which to make an appointment. If the appointment is not made with- in that period of time then it must go as a matter of law to an election. It is anticipated that between now and two weeks from now this will be under considerable discussion by Council. The decision will not be made this evening, at the earliest it would be the 25th of November. Councilman Young: Mr. Mayor, one further comment. I think it is especially proper that the resignation of Councilman Lloyd be delayed to the next meeting because I think it would be most im- proper for interim Councilmen to participate in that decision. I think it is entirely proper that the councilman elected by the people have participation in that decision instead of myself. APPROVAL OF MINTES Mayor Shearer: Motion by Councilman Browne, seconded by Councilman Young to approve minutes of the Council meeting of October 28, 1974. I have two corrections. Under those present the two reporters were not - 2 - r-1 LJ CITY COUNCIL Page Three Approval of Minutes 11/12/74 mentioned, and under Presentations there was a commendation to a Mr. Fred, that should be a Mr. Fred Smith of the Human Relations Commission. Motion carried approving minutes as corrected. CONSENT CALENDAR Mayor Shearer explained the procedure of the Consent Calendar items and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) METROPOLITAN TRANS- Re Federal Noise Standards and Regula- PORTATION ENGINEERING tions. (Refer to Staff) BOARD b) THE ARTHRITIS FOUNDA- Request to conduct annual fund raising TION campaign in the City on February 1, 2 and 31 1975. (Approved in prior years. Recommend approval) 2. PLANNING COMMISSION a) SUMMARY OF ACTION November 6, 1974. (Accept and file) 3. HUMAN RELATIONS COMMISSION a) SUMMARY OF ACTION October 24, 1974. (Accept and file) 4. YOUTH ADVISORY COMMISSION SUMMARY OF ACTION October 22, 1974. (Adj..Mtg.) October 291 1974. (Adj. Mtg.) (Accept and file) 5. CLAIMS FOR DAMAGES FILED WITH CITY CLERK: a) Southeast Concretes,` For damages to their vehicle struck by 11029 Weaver city truck. (Deny and refer to City So. E1 Monte Attorney and Insurance Carrier) b) Charles Barrios Gonzales, Individuals, on behalf of themselves Sam Wesley Berry and all other persons similarly and Henry Lee Battle situated vs. City of West Covina re alleged unconstitutional fines or penalties. (Deny and refer to City Attorney) (Refer to page 3 and 4) (Mayor Shearer requested that Item '5(b) be removed from the Consent Calendar; Council agreed.) Motion by Councilman Chappell, seconded by Councilman Young, to approve Consent Calendar items I through 5 with the exception of Item 5(b). Motion carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None - ABSENT: Lloyd Mayor Shearer: Mr. City Attorney, you had some comment with regard to 5(b)? Colin Lennard: Yes, Mr. Mayor and Councilmen, after further review of the claim it is - 3 - CITY COUNCIL Page Four Consent Calendar Item 5(b) 11/12/74 suggested by the City Attorney's office that instead of denying and referring to our office that a motion be adopted that the claim is found to be insufficient pursuant to 910 of the Government Code, subsection C and F, and that the Notice of Claim fails to set forth names, dates and circumstances giving rise to the claim, and further it fails to set forth the amount of the claim as required by the Government Code, and then to refer that to the City Clerk who will then give the proper notice to the parties. So moved by Councilman Chappell, seconded by Councilman Young and carried. GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 75-26 Bids received in the Office of the AERIAL HYDRAULIC HOIST Purchasing Agent up to 10:00 A.M. on Wednesday, October 16, 1974, after which time they were publicly opened and read. Held over from 10/28/74. (Council re- viewed Controller's report requesting rejection of all bids) Motion by Councilman Chappell, seconded by Oouncilman Browne, to re- ject all bids for a new model aerial hoist and authorize the purchas- ing agent to work with the Street Department in refining specifica- tions to assure safety and maintenance features consistent with operating standards. Motion carried. PUBLIC WORKS PRECISE PLAN NO. 589 LOCATION: Northeast corner of Amar Road LEADERSHIP HOUSING and Valinda Avenue. `1 SYSTEMS Motion by Councilman Chappell, seconded by Councilman Young and carried, to accept sidewalk improvements and authorize release of United Pacific Insurance Company Faithful Performance Bond No. B-618940 in the amount of $6,800. PROJECT NO. SP-72003 LOCATION: Southeast corner of Vincent KATHERINE AILEEN TRUMAN. and Workman Avenues. (Council reviewed Engineer's report) RESOLUTION NO. 4964 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPT- ING A GRANT DEED EXECUTED BY KATHERINE AILEEN TRUMAN,.-AND DIRECTING THE RECORDATION THEREOF." Motion by Councilman Browne, seconded by Mayor Shearer and carried, to waive further reading of said resolution. Motion by Councilman Browne, seconded by Councilman Chappell, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd - 4 - CITY COUNCIL Page Five PUBLIC WORKS - Cont'd. 11/12/74 HOLT AVENUE BRIDGE LOCATION: Estep Wash. (Council reviewed Engineer's report) RESOLUTION NO. 4965 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING A PORTION OF HOLT AVENUE IN THE CITY OF WEST COVINA TO BE A PART OF THE COUNTY SYSTEM OF HIGHWAYS." Motion by Councilman Chappell, seconded by Councilman Young and carried, to waive further reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Young, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd FRIENDSHIP PARK STAGE 3 LOCATION: Friendship Park - Sentous DEVELOPMENT Avenue and Levelglen Drive. (Council reviewed Staff Report) Motion by Councilman Browne, seconded by Councilman Chappell, to approve the project for funding from Account No. 149-H and to approve plans and specifications for Friendship Park Stage 3 and authorize the City Engineer to call for bids. Motion carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd 1995 FUNCTIONAL LOCATION: Citywide. CLASSIFICATION SYSTEM DEPARTMENT OF TRANSPORTA- (Council reviewed Engineer's report) TION REQUEST (Informational) Motion by Councilman Chappell, seconded by Councilman Browne and carried, to receive and file informational report. PLANNING COMMISSION UNCLASSIFIED USE PERMIT LOCATION: 2210 S..Azusa Avenue. NO. 711 REV. 5(AMENDMENT) Review Planning Commission Resolution B.K.K. COMPANY - SANITARY No. 2558 recommending approval of a LANDFILL SITE Master Development Plan for the B.K.K. Sanitary Landfill Site. Mr. Miller, Planning Director, stated Council had the staff report before them which pretty well outlined the action of the Planning Commission; they reviewed all the required elements of the Master Development Plan pursuant to the approval of the UUP and recommended approval of the Master Development Plan as set forth on the wall here in the Council Chamber. 4 Mayor Shearer asked when the present UUP expires; Mr. Miller stated upon the acceptance of conditions of the UUP #71, REV. 5 Amendment. The Master Development Plan in effect puts this one into effect and the others expire at that point. Mayor Shearer said he was under the impression the UUP had a specific termination date, during which time the City and BKK was going to negotiate for the ultimate ownership of the property by the City and the UUP does not become final until that is resolved. Mr. Miller stated the specific wording - 5 - CITY COUNCIL Page Six Planning Commission: UUP #71, REV. 5 Amend. 11/12/74 was "Unclassified Use Permit No. 71, Rev. 5 Amendment will be effect- ive until April 1, 1975." In other words, there is an end date, not a beginning date. Mayor Shearer: Okay. In other words this is our hold card in the negotiations process. There is a termina- tion date. If we don't reach a reasonable solu- tion to the problem then operations can cease - is that correct? (Mr. Miller answered "yes") And approving this doesn't close the door on any further negotiations with BKK for the acquisition of the property? (Mr. Miller said "that is correct.") RESOLUTION NO. 4966 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A MASTER DEVELOPMENT PLAN FOR THE B.K.K. SANITARY LAND- FILL SITE." Motion by Councilman Chappell, seconded by Councilman Young and carried, to waive further reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Browne, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None 'ABSENT: Lloyd ORAL COMMUNICATIONS Frank D. Crookston I have lived there for 22 years, I own the 2327 E. Cameron home. This is my first time at a meeting. I understand some department store is going to approach the Council here for permission to sell astrological charts and I do wish to protest it very definitely. I have listenedd on television with considerable dismay to astrological bushwa for a long time. Recently I saw a program on the Mery Griffin show which prompted me writing a letter to him which I will read. (Read letter giving reasons for objecting to a program aiding and abetting fraud in regard to the authenticity of astrological charts and the taking of money for such charts.) I feel we must protect people who are rather simple. We can't be selling this stuff, merchandising such bushwa, and I hope you will deny them their requested permit. Mayor Shearer: This item will be discussed a little later on the agenda. I think there is a misunderstanding here and we will discuss it at that time. Ron Barbatoe Mr. Mayor, members of the City Council, As you 2524 Thackery know, or probably should know, I was a non - West Covina successful candidate for the seat on City Council, whereby Mr. Tice has presently won. I would like to offer my congratulations to Mr. Tice, it was that type of campaign that it was almost a pleasure to be in. Mr. Tice conducted himself at all times in a gentlemanly manner at all times. The other people in the race conducted themselves as gentle- men and lady, at all times. The seat we ran for was created through a sad occasion. Now a new seat has been created by, to me, a glad occasion. Irrespective of that, you gentlemen have a very difficult decision to make,as the Mayor has pointed out. Therefore, I think it behooves me as one that ran in this race, although I care in fourth I managed to poll 3600 votes, to give to you or share with you my opinions on this matter. - 6 - CITY COUNCIL Page Seven Oral Communications - Cont'd. 11/12/74 First of all I feel in most situations the people should choose whom they want to represent them, that is number 1. Number 2-- nbt:at alL-times does the runner up mean he is the second choice of the people who voted, and Number 3, I have my own selfish motives for wanting there to be a special election, but • as you gentlemen know moreso than anybody else that has not run for an elected office, having people vote for you is a very very humble sensation. So after much soul searching I have come to the conclu- sion and I would therefore encourage this City Council not to hold an election but rather to appoint. I believe this firmly and I believe this on several grounds. Number 1 - is the time limit you will be faced with in the unexpired term of the Councilman now Congressman elect Lloyd. Number 2 - is the amount of people that turned out and the amount of people that actually voted. I believe firmly that the voters in this community were able to recognize in Mr. Tice those qualities and trust they want to give to him to be on this City Council and to serve them. I believe also that the voters in this last election by the number of the turnout and the votes Mr. Miller got that the people were also able to recognize those same qualities in him because of the closeness of the election and the number of people that voted for him. And I can honestly say campaigning against Mr., Miller I was able to recognize these same qualities also. I believe in this particular situation, and I am against this sort of precedent being set, and I don't think it would be a precedent because of the time involved and the sheer number of votes Mr. Miller got, I would therefore urge this Council, as a candidate that ran and a person that did poll over 3600 votes and as a citizen of this community, to appoint "Mr. Gary Miller. Thank you very much for your time. Tom Seely Mr. Mayor and members of Council, I would also 2223 East Theodora like to see the Council make an appointment for West Covina several reasons. One is very selfish.. I am a taxpayer, I don't think I can afford many elections with a small turnout. The other reason is I feel the voters did make a choice at this time. They had a first choice and I believe Mr. Miller should be considered as the second choice. Had there been two vacancies at the time this is the manner in which the choice would have been made. Furthermore, if you wait to hold an election you will only fill the office for 8 months at the most, whereas if the appointment is made within a short period of time the vacancy will be filled for 11 months thus justifying a considerable savings. I would like to ask one other thing of the City Council -'something that is pretty dear to my heart. I noticed in coming in I was unable to obtain an agenda covering the detail to be handled tonight. I wonder if it would be possible for cities - and I say cities because there is more than one, the county is involv- ed also, to have their agendas published in the newspapers, at least insofar as they know the business that will be conducted. Mayor Shearer: We apologize for not having agendas available, they usually are. With economy in mind we did not print as many as needed tonight. There are three times as many people here tonight and I understand you will now find some back there on the table, they rant some zerox copies. As far as publishing in the papers we would be more than happy if the local news would donate the space, but I really don't think that will be practical: Newspaper ad copy does not come cheap. There are two papers represented here and they may take that request under con- sideration. Of course, the Sentinel could not do so because it is a .weekly paper and it is printed on Tuesday or Wednesday and our - 7 - CITY COUNCIL Page Eight Oral Communications - Cont'd. 11/12/74 agenda comes out on Friday. The Tribune does not publish the agenda, however, generally they mention the items to be discussed of importance thereby letting the people know what is up for dis- cussion. There were quite a few items mentioned tonight in their paper. But, as far as publishing the agenda I think economics • would preclude it. Mr. Seely: As a taxpayer there are so many things that do affect our day to day lives both in the city and the county board meetings that people are not aware of, things that dramatically affect their lives and therefore they are unable to make their opinions known until d ter the fact. I think it would behoove the newspapers primarily to donate this space or to cut the rate so cities might contribute, including the county, so this information could be made available. I think it is very vital to the public. Richard Montoya I represent the West Covina Baseball League. 14216 MacDevitt I am here to inform the City of West Covina West Covina our baseball league will be sending four teams to Mexico over the Thanksgiving Holiday to play some baseball games there. We would like the City of West Covina to give us some token of friendship that we may in turn give to these communities for accepting our boys. As you know we are in dire need of funds and if any community members or citizens would like to help us we would certainly appreciate it. We will be leaving on Thanksgiving day .-early in the morning. (Mayor Shearer asked Mr. Aiassa if the City could furnish three tiles to be given to the three officials at the three locations the games will be played, if this meets with the approval of the Council, Mr. Aiassa said it could be done.) Motion by Councilman Chappell to approve the furnishing of perma- plaqued tiles, seconded by Councilman Young and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd (Mayor Shearer asked if the newspapers might put in a little blurb mentioning if anyone wishes to donate to send it to Mr. Montoya at 14216 MacDevitt.) (Mayor Shearer suggested if anyone had any further comments to make in regard to the Council vacancy he would appreciate their making a telephone call stating their position briefly between now and the next two weeks, as this would assist him in making a pretty difficult decision.) CITY ATTORNEY ORDINANCE Re an Ordinance adding section 6239.1 to the INTRODUCTION West Covina Municipal Code relating to the suspension and revocation of ambulance operator and tow truck operator business licenses. (Report) City Attorney requested that this item be held over to the next regular Council meeting. So moved by Councilman Young, seconded by Councilman Chappell and carried. mwm CITY COUNCIL Page Nine CITY ATTORNEY - Cont'd. 11/12/74 ORDINANCE NO. 1258 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (Urgency) OF WEST COVINA, CALIFORNIA, REPEALING SECTION 8110.1 AS ADDED TO THE WEST COVINA MUNICIPAL CODE RELATING TO FIRE SPRINKLER AND DETECTION • SYSTEMS." Motion by Councilman Chappell, seconded by Councilman Browne and carried, to waive full reading of said ordinance. Motion by Councilman Chappell to introduce and adopt said ordinance. Seconded by Councilman Browne and carried on roll call vote as follows. AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd RESOLUTION (City Attorney advised if anyone has a prior copy of this resolution that Section 2b will be amended to read: "except for police cadets, apprentice firemen; or sworn members of the police or fire departments." RESOLUTION NO. 4963 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 1277 RELATING TO THE CLASSIFI- CATION AND COMPENSATION OF POSITIONS WITHIN THE WEST COVINA CITY SERVICE. (Sections IX and XI) Motion by Councilman Young, seconded by Councilman Browne and carried, to waive full reading of said resolution. Motion by Councilman Young, seconded by Councilman Browne to adopt said resolution. (Mayor Shearer questioned if this resolution meets with the acceptance of the Employee Association and both Mr. Aiassa and Mr. Eliot explain- ed that it did.) Motion carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd. AUDIT CONTRACT FOR Motion by Councilman Chappell, seconded by 1973-74 FISCAL Councilman Browne that the firm of Cotton and YEAR Francisco be retained by the City to perform an audit for the fiscal year ending June 30, 1974, at a cost of $3, 300. (Mayor Shearer commented that it appears from the report that the bid received from Cotton and Francisco for the City of West Covina is a competitive bid when noting bids received by the cities of Alhambra, El Monte and Glendora ranging from $3,500 to $4,000.) Motion carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd CITY'S POLICY ON Mayor Shearer stated he had asked for a VETERANS 5 PREFER- review of this item and the letter received ENCE POINTS from the City Attorney indicated that the code of the City provides for 5 points being awarded to a military veteran who has been honorably discharged when competing in Open/Competitive examinations. - 9 - CITY COUNCIL Page Ten CITY ATTORNEY - Cont'd. 11/12/74 Mayor Shearer: I have a feeling in this matter and I am sure if I state it someone is going to say I am against veterans but having.been one myself I am not sure how I could be against veterans. The thing I question: is the provision on the books that allows a veteran 25 years after his discharge in competition with someone who for some reason may not have been able to serve or whatever, still receiving the benefit of his time in the service. I think the concept of the veterans preference is excellent, but I believe there should be some time limit subsequent to discharge that a man or woman can utilize this in order to get back into the main stream of society. I would like to see this matter referred to the Personnel Board now for review and a recommendation back to Council and I will so move. Seconded by Councilman Young. (Councilman Chappell asked what triggered this request and Mayor Shearer said one day he was looking over the minutes of the Personnel Board and noted a competitive examination for a position came up and the scores were listed and there were people included that had been out of service for quite some years. One gentleman got 5 points and another did not and he felt that this-twasa.something that should be looked at closely to determine if there should be some sort of a limit placed on it. Councilman Young asked if it was the Mayor's thought that initially it was intended to help the veteran just back from service as opposed to veterans that have been back for thirty years or so? Mayor Shearer said "yes, I am not in anyway proposing that con- sideration be given to dropping the veterans preference points. I just think consideration should be given to placing it on a time limit basis - 5 or 10 years, and not an indefinite period of time." Council- man Browne asked what the government requirements are and Mayor Shearer stated according to Mr. Wakefield's letter - none whatsoever. (Read from letter) Motion carried. REPORT AND Mr. Lennard: Mr. Mayor and members of RECOMMENDATION t Council, you have a letter RE ASTROLOGY from Mr. Wakefield, which I think is self- explanatory and gives you a number of recommendations on alternatives that you may adopt in connection with this matter. Mayor Shearer: Let me clarify what may be a misunderstanding - I brought this up because I was requested to do so by a member of the community and I think that is what your Council is here for, to represent the people and if there is a controversial issue to bring it up for discussion and action. I don't personally believe in astrology, I have no personal feelings one way or the other, and it is not the Broadway that requested this. The way they came into it is I think because I brought it up and I went over to the Broadway to seek information. I found out they have a form if you fill it out and pay $20.00 plus tax you will get a computerized astrological horoscope. Now this is inconsistent because we have a law on the books that says among • other things that the practice of astrology for pay is illegal. This person who brought it up does it as a hobby and wants it to be legal. The Times carries a daily astrological forecast and other papers do the same - I believe - so it is easy to get a horoscope even for a dime. We have a report from the City Attorney as to the ways we can move: "(a) Continue the present prohibition in effect; (b) License the practice of astrology for compensation as a business and impose those regulations necessary to protect the public; (c) License the practice of astrology for compensation as a business without additional regultion." - 10 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Eleven 11/12/74 I believe some interesting bits of informa- tion might be appropriate. The City of Covina has no regulation whatsoever and I don't believe the City of Covina is a den of _iniquity!, The City of Azusa has no particular prohibition; the City of Pomona about three years ago repealed their prohibition on . astrology with no apparent adverse reaction. Motion by Councilman Chappell to receive and file the letter from the City Attorney; seconded by Councilman Browne. Councilman Young: Mr. Mayor, I am not quite willing to put my head totally in the sand on this thing. Mr. Crookston brings up some points which are worthy. of some consideration. Mr. Crookston expressed his honest and heartfelt convictions in the matter. There are people that differ with Mr. Crookston's point of view and he probably recognizes their right to differ; he doesn't want it in this community and there are some that would like it in the community; and it is in the community, as pointed out, for $20., at the Broadway, or in the newspapers - they all give recognition to this as an existing fact and many of them are careful to point out these are not predictions or things you should check before doing something, but if you want to invest your money you have the right to do so. Once again we are in the delicate field of ideas. I remember when this thing came up previously I voted against creating this as a legitimate enterprise in the City of West Covina. (Explained reasons for doing so.') So I have my opinion and other people have theirs and in the marketplace where things are competing I am loathe to toss a blanket of restraint out because something violates the sensitivity of some, which may be right or may be wrong. I listened and watched religious programs on television and the radio and I hear of faith healing and that sort of thing, which is counter to the views of a lot of people and yet others say it really happens. Ultimately a free society makes its choice and does so on its merit and it ill behooves me to pass a blanket judgment and say "keep it out." We don't live in that kind of sterile environment. We have a basic inconsistency here which was brought up - do we issue a citation to the Broadway for promoting this type of business or don't we? Or do we go ahead and license it as a business? Mr. Wakefield states that Pomona allows astrology on the basis they don't make broadcasts and indeed a young lady at the moment, a secretary across from my office in Home Savings and Loan Building, has my birthdate, etc., and she is doing up an astrological reading on me, she studies this as a science. I am not particularly ready to say "let's license astrology but I think it is an issue that will come up from time to time and I think we have had it shown here that we have inconsistencies here. Mavor Shearer: Yes, there are major inconsistencies. I don't think the intent of the law was ever to prohibit things such as the secretary across the hall is doing. The person that brought it up to me does it as a hobby, he is employed gainfully .as an engineer, he uses it and he belives in it. I don't. He is in a position to do it and feels he cannot accept small tips and I don't believe the law was ever intended to prohibit that type of thing. I am going to vote to receive and file and let the gentleman that spoke to me about it hope that the police.don't crack down on him. Motion carried. mom CITY COUNCIL Page Twelve CITY ATTORNEY - Cont'd. 11/12/74 APPROVAL OF WORK/ (City Manager requested that this item be STUDY CONTRACT carried over) CALIFORNIA STATE UNIVERSITY AT Motion by Councilman Browne, seconded by FULLERTON Councilman Chappell and carried, to carry this item over to the November 25, 1974, Council meeting. SUNSET SCHOOL Mr. Aiassa: Mr..Mayor and members of ACQUISITION Council, the West Covina (Staff Report) School District has engaged an appraiser and we would like to review this matter because we only authorized $500:.;for our appraisal. I think we might be better off it we would utilize a local appraiser, one that we could not use for about eight years because he was serving as a Planning Commissioner for the City - this is Mr. Verne Cox. I would like to have authorization from Council to review this with Mr. Oox and bring back a report to Council on November 25th. Mayor Shearer: Can you speed that up to the 18th because we have a joint meeting on that date with the Recreation and Parks Commission specifically to discuss this item. (Mr..Aiassa replied that he would try and have it by then.) Motion by Councilman Browne to grant permission as requested by Mr. Aiassa; seconded by Mayor Shearer and carried. RESOLUTION NO. 4968 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INDICATING ITS INTENTION TO PURCHASE THE SUNSET SCHOOL SITE SUBJECT TO CERTAIN CONDITIONS. Motion by Councilman Chappell, seconded by Councilman Young and carried, to waive full reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Browne, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd DEFERRED COMPENSATION PLAN (Staff Report) in providing a deferred ject to approval of the Motion by Councilman Chappell, seconded by Councilman Young and carried, that the Financial Kinetic Corporation of West Covina be included with Aetna and 'ew York Life Insurance Companies compensation plan to.City employees, sub- contract by the City Council. THE MAYOR CALLED A RECESS COUNCIL RECONVENED' AT 8:50 CONDUCT THE REDEVELOPMENT RECONVENED AT 8:56 P.M. CITY MANAGER OF THE COUNCIL MEETING AT 8:40 P.M. - P.M., AND RECESSED IMMEDIATELY TO AGENCY MEETING. COUNCIL MEETING ENVICOM CORPORATION Motion by Councilman Young to approve the report from Envicom in the amount of $1209- for seismic safety and safety elements. Seconded by Councilman Chappell and carried on roll call vote as follows: - 12 - CITY COUNCIL CITY MANAGER - Cont'd. Page Thirteen 11/12/74 AYES: Browne, Chappell, Young, Shearer NOES: None ABSENT: Lloyd PUBLIC EMPLOYEES UNION REQUEST Division of Teamsters, Local Department; further advised Mr. Nick Counter, and staff November 251 1974. Mr. Aiassa stated a request was made for additional extension of time limit by the Public Employees Union, a 986, re replacement grievance - Fire the request has been reviewed with recommends extension of time to Motion by Councilman Young, seconded by Councilman Chappell and carried, to grant request for extension of time limit to November 25, 1974, as requested by the Public Employees Union, a Divison of Teamsters, Local 986. DEDICATION OF GINGRICH PARK AND MEMORIAL SPRING (Staff Report) CITY CLERK CANVASS OF RESULTS OF SPECIAL ELECTION - NOV. 5, 1974. (Report) of the results of the canvass the Board of Supervisors. MAYOR'S REPORTS Motion by Councilman Chappell, seconded by Councilman Young and carried, to receive and file informational report. Motion by Councilman Chappell, seconded by Mayor Shearer and carried, to.carry over this item to the meeting of November 25, 1974, as requested by City Clerk, due to the unavailibility of election returns to be made by PROGRESS REPORT RE Mayor Shearer reported that he and ROWLAND SCHOOL DISTRICT Councilman Chappell meet on two occasions with the Rowland School District and a brief summary of the meetings is in the report. A further meeting is scheduled for this coming Friday at 2 P.M. It is felt that the meetings to date have been productive and it is hoped that within a very short time we can come back to Council with a recommendation for the resolution of a very difficult problem. VACANCY ON RECREATION To be discussed in the Executive Session AND PARKS COMMISSION tonight. COUNCIL COMMITTEE APPOINT- Mayor Shearer stated the following MENTS REMINDER appointments are tentatively set and if there are any problems to please speak up at this time: Personnel Board - Lloyd or his replacement; Planning Commission - Browne; Recreation and Parks - Mayor Shearer; Human Relations Commission - Young and subsequently Tice; Youth Advisory - Chappell; Chamber of Commerce - Chappell. Mayor Shearer: Before going into the Executive Session, sometime ago Council requested that the plans for the Parking Structure be re- viewed as it relates to the provisions for the handicapped, proposing the reservation of parking spaces at an appropriate location near access points for handicapped people. (,The Mayor noted that the structure is moving along quite well and he %u uld just like to remind staff of Council's concerns especially with regard to providing parking spaces and wide spaces, near the entrance points and not down at the bottom of the stairs. Mr. Aiassa said a report would be forthcoming shortly. ) - 13 - CITY COUNCIL MAYOR'S REPORTS - Cont'd. Page Fourteen 11/12/74 Also, the Council met this afternoon with the Chamber of Commerce Business Advisory Committee in an adjourned meeting. An item we discussed at that time was the Bi-Centennial involvement on the part of the City and it was tentatively agreed by Council, and I would like a motion to that effect, that the Chamber of Commerce be designated by the City Council as the co- ordinating group for the Bi-Centennial activities and that the City appropriate $500. - the specific funding to be recommended to Council by the City Manager at our next meeting to defray the additional cost to the Chamber of Commerce for postage, printing, etc., and thirdly, that the City make application for official recognition as a Bi- Centennial City. So moved by Councilman Chappell, seconded by Councilman Browne and carried. SIGNS Mayor Shearer: The next item I wish to bring up at this time is a result of some controversy that has been raised in the City over signs, the placement and taking down of same. What I am suggesting and asking for concurrence of council is that we direct the City Attorney to review all applicable ordinances - city, state, county or whatever might be appropriate as it relates to signs on utility poles or wherever and at an early date have a study session by City Council to determine what if anything needs to be done to establish the placement of signs and taking them down and enforcement of same. That is my motion, gentlemen. Councilman Young: I will second the motion and comment, briefly. I think it is a very wise thing. I think there has been undue controversy over the subject of signs and the taking down of same during the recent campaign which has led to hard feelings and some bad relations between the Police Department of our City and the citizens of our City and we don't need these kinds of strained relations, prticularly in times when law enforcement needs.the support of every citizen to be effective unless we are to have a complete breakdown in our moral and legal code. I think West Covina has the finest police force in this Valley. Mr. Mayor, we might invite public input at the study session. Mayor Shearer: Yes, the public approach is invited. (Councilman Browne stated the State has a pre-empting law on posting signs on telephone poles; the City also has a fee to insure removal of signs after an election, giving you 10 days thereafter to remove signs. Further stated if the Mayor wished to have a study session on this he would go along with it but would like to hear the other side of the story also, not just that written up in the newspapers.) Mayor Shearer: It was my feeling and intent to try and avoid in the future whatever it has been in the past that has caused problems. The Police Department has my full support. What I attempted to do with my motion was to avoid whatever in the past has caused problems. I am not limiting it to election signs only, I am talking about garage sale signs, etc., my request was all encompassing and not an attempt to point a finger at anyone in particular. (Some further discussion by Council took place.) Motion carried. THE CHAIR ASKED COUNCIL TO GO INTO THE EXECUTIVE SESSION AT 9:20 P.M. COUNCIL RECONVENED AT 9:44 P.M. - 14 - CITY COUNCIL Page Fifteen Executive Session 11/12/74 Mayor Shearer: Briefly summarizing the purpose of the Executive Session was to discuss a variety of vacancies on Commissions, A vacancy on the Recreation and Parks Commission created by the resignation of Buzz Bemoll, Council has decided to defer action on that. We have a joint meeting coming up next Monday night with the Commission and they have requested that they be allowed to have some input on the appointment of a new Commissioner. We have three vacancies on the Youth Advisory Commission and it is my understanding the Commission is having a meeting this evening and they may be forthcoming with a recommendation to Council for the filling of the vacancies. We will also have a vacancy on the Personnel Board with the resignation of Mr. Tice. It is Council's wish, Mr. Aiassa, if you will have one of your staff quickly prepare a press release similar to the one issued on the Recreation and Parks vacancy requesting anyone interested in that position to submit a resume to City Hall. The most controversial vacancy perhaps is that of City Council and we were not discussing that, we will discuss it two weeks from tonight. COUNCILMEN'S REPORTS/COMMENTS Councilman Young: Mayor, I think this is as good a time as any for me to sing my last swan song. I have appreciated and enjoyed the opportunity -to offer some service these past few months. It certainly is not an easy thing once again to depart from this body because it is such a great honor to serve here. I have said it before and I will say it again, I don't think that anyone is ever elevated from the City Council of any City to any office because this office is so close to the people, such a responsible office, it has greater day to day impact on the lives of our citizens than any other governing body, and I appreciate very much the confi- dence which you placed in me, I tried to justify this perhaps to the point of being a little too Ao gt.repexois xon occasion and for that I apologize, but you call them like you see them. I do appreciate the fact that in my years on this Council no matter where you stand on an issue we have successfully kept personalties out of it. So thank you very much and I hereby tender my resignation from this Council to be effective on November 25, unless my term shall expire by virtue of the ordinance of the appointment if the canvass takes place on the 19th of November - I believe that would automatically terminate my service. Thank you very much. Mayor Shearer: I think before we pass it on to Councilman Chappell I will comment. I will thank Bob for filling in in the very difficult situation that we had. It made our options at that time much easier to exercise, not quite as easy as we are faced with at the present time. I thank you and the Council thanks you for filling in and serving the City these past five or six months. Councilman Chappell: I would as if you had just elected. DEMANDS a short quality stayed in on roll call vote as like to say that having Bob back for even period of time still added a lot of to our Council and his performance was there and not dropped off, but had been Motion by Councilman Chappell to Demands totalling $451,409.83 as Demand Sheet C1014 through 1018 Seconded by Councilman Young and follows: AYES: Browne, Chappell, Young, NOES: None ABSENT: Lloyd approve listed on and B646A. carried Shearer - 15 - CITY COUNCIL ADJOURNMENT ATTEST: CITY CLERK Motion by Councilman Councilman Chappell meeting at 9:51 P.M. 7:30 P.M. APPROVED: MAYOR Page Sixteen 11/12/74 Young, seconded by and carried, to adjourn to November 18, 1974 at - 16 -