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.)
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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."
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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 -