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11-25-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 25, 1974. The regular meeting of the City Council called to order at 7:31 P.M. in the West Covina Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by Paula Anfer, Cynthia Romos, Kim Whitney and Joanne Murchland, members of Caballo 0 wee kiss su ma Empire Group; and the invocation was given by Councilman Robert Young. ROLL CALL rresent: Mayor Shearer; Councilmen: Browne, Chappell, Lloyd, Young Others Present; George Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City Attorney George Zimmerman, Public Service Director Leonard Eliot, Controller Michael Miller, Planning Director Allen Sill, Police Chief William Vanettes, Director of Communications John Lippitt, City Engineer Janet Williams, Administrative Analyst Richard Klemp, Staff Reporter - S.G.V.D.T. Eric Cohen, Staff Reporter - Sentinel PRESENTATION PEDESTRIAN SAFETY AWARD Mayor Shearer recognized the. presence of AUTOMOBILE CLUB OF Jack Alf aro, Manager of the Automobile SOUTHERN CALIFORNIA Club of Southern California and Don Hoffman, • Safety Representative. Mr. Hoffman stated that West Covina did it again! West Covina has for the past eight years won national recognition by the National Automobile Association for its outstanding achievement in its safety records. West Covina -is judged in competition with 149 other cities in the population grouping of 50,000 to 1001000 and during the year 1973 no pedestrian fatalities occurred in the City. The average for that particular population grouping is three fatalities. West Covina also had forty pedestrian injuries, which again is a tremendous record in that the average for that grouping is 73. Mr. Hoffman then read the Award Certificate of national recognition of safety achievement and presented it to Chief Sill, who accepted it on behalf of the City and all those people that contributed in part to the winning of the award. SEATING OF COUNCILMAN Mayor Shearer: to be occurring all at one time. At this over to Councilman Young. Before proceeding we have a couple of matters that are rather unique time I will turn the floor Councilman Young: Thank you, Mayor. At the last regular Council meeting I made my swan song so I need not do it again tonight except to • say that as a voting citizen of this community I appreciate the way the City Council is about to be constituted, therefore without any undue words, I understand Mr. Tice has met all the qualifications except the canvass by the Board of Supervisors and I don't think we need to wait for the Board of Supervisors. I have every reason to believe that Mr. Tice will be appointed forthwith to occupy the seat held by Councilman Nichols. Those are big shoes to fit into, I couldn't fit them, but Herb will have a longer and greater opportun- - 1 - CITY COUNCIL Page Two 11/25/74 ity to try. He was a great Councilman.. It is good to see that he was replaced by the voice of the people and I, therefore, tender my resignation immediately. I make that in the form of a motion, in the hope that you will accept it forthwith and that you will • immediately appoint and seat Councilman Tice. Motion seconded by Councilman Chappell and carried. Mayor Shearer: I just want to say a word - perhaps others will follow. They say the Mayor is supposed to speak last but since Bob and I were elected together I am going to speak first. The past four to five years have been a very enlightening period of time for me. I owe a lot of that to former Councilman Young and we wish him the best as he moves on to bigger and better things. That seems to be the theme of this evening's presentation. I do hope one thing - and don't take this personally Bob, - but I hope that I never have business dealings with you. It has been nice in the past but I hope starting January 6th that I don't come face to face with you in business. And as former Councilman Young indicated, due to an oversight or computer mistake or whatever, the Board of Supervisors was unable on schedule to officially canvass the city election; however, it is my understanding since we do have a vacancy that it is within the Council's prerogative to make the appointment pending official canvassing of that election. So at this time the City Attorney has advised me that a simple motion is all that is necessary to appoint Herb Tice as Councilman of the City of • West Covina. So moved by Councilman Lloyd, seconded by Councilman Chappell and carried. (The City Clerk administered the oath of office to Herb Tice and he then took his seat at the podium as a Councilman.) Mayor Shearer: At this time we will extend the privilege of speaking to Councilman Tice, if he wishes. Councilman Tice: Thank you, Mayor. I do have a few opening remarks. As I stated during my campaign I intend to work with Council and staff to keep our City going forward and I believe in the past few years the City has made progress. I would like to say that Russ Nichols, whose unexpired term I was elected to complete was a valuable member of this Council. He had the uncanny ability of getting to the heart of the problem in a hurry. Russ will be missed on this Council. I would also at this time like to compliment the other candidates for a very clean campaign. Everyone worked hard. It is encouraging to see so many individuals take an active part in the political process. There is one item that I would islike to clarify - contrary to rumor - the West Covina Police Officers' Association did not serve on my sign committee. I have noticed on my time on serving on the Personnel Board with mounting inflation and skyrocketing costs it becomes more and more difficult for the City to provide adequate services to its residents. This City, like all other Cities regard- less of size, over the years is becoming more and more dependent on - 2 - 11 • • CITY COUNCIL State and Federal financial assistance. This is survival. I hope once the Plaza Fashion Center starts to produce revenue for the City in sales become more and more self-sufficient. This is a but I hope it comes true. Page Three 11/25/74 a matter of is completed and tax that we can long range view I also have observed on my years of service to the City on the Personnel Board that there is a gradual erosion of local control. State and Federal legislation has usurped local prerogative. This is especially true in labor relations. Having talked to a number of union and management officials, neither feel too well pleased with legislation pending right now as far as labor relations is concerned and this trend can only be reversed by the public. An6ther item I would like to comment on is that in the coming year that Council consider the establishment of a Citizens Advisory Committee in the area of senior citizens needs, but I will hold off on that request until after the first of the year because I understand there are many items before Council at this time. In closing, I look forward to serving the citizens of this community as their Councilman. I thank you. Mayor Shearer: Weldome, Councilman Tice, to our family. He has been a part of our city family for quite some years but now in a slightly different capacity. I feel that he will fill the seat quite well. So welcome and time will tell whether in your own mind you are glad you made the switch. I am sure you are. At this time I will turn the floor over to Councilman Lloyd. Councilman Lloyd: Mr. Mayor - you get one and you lose one! As you are all aware I have submitted my resignation which I understand was accepted as of this evening and the Mayor very kindly asked me if I would join this evening and say a few words. All I have to say is that I think the basic areas of government are local government. I think that all of the people in State and Federal office, and in my case Federal, have got to be attentive to local government because this is really where it is at. Most of the people in our land and certainly in the City of West Covina and all the other eleven cities that will be in my district, the first place they turn to if they need help from the government is local government. They think they talk to the Federal Government or State Government or County Government but they really talk when they have a problem to city government first. It may be a police call, fire call or a call to the City Clerk's office for information, they don't necessarily discern the difference between levels of government. I think it is critically important that we maintain this relation- ship and I promise very faithfully that as I serve in the future it will be through the local and elected bodies because very frankly it is a privilege and honor serving on this very fine Council. I have served with some very fine Councilmen and as I have served on this Council I have learned a great deal about service to a community and being responsive to a community and I am deeply grateful of the lessons I have learned and will take them with me to Washington, D.C. I think they will stand me in good stead there. I will tell you a quick story since I have just returned from,Washington and had the opportunity to meet with many of the new congressmen around the nation. It was very - 3 - CITY COUNCIL Page Four 11/25/74 .interesting to note that California's delegation was probably the best phased in Government. Not one person in California's delegation elected had not served either in the local level or State level of government, and I was shocked and appalled to find there were congressmen elected who had never served in an elected body before. • I think the problems they face and the fact they have no way of understanding constituentcy - all the gentlemen up here instantaneously know constituentcy - if somebody has a problem they have no hesitantcy in helping as each of these people well know, and that is fundamentally good. I think that is really what it is all about as far as democracy is concerned. I am very proud to have served on the City Council and will not only remember with fondness this period but will be in touch with all of you and I have a faint suspicion you will be in contact with me. With that, Mr. Mayor, I formally accept the acceptance os my resignation and will step down from this august body with a real feeling in my heart for the wonderful people I have served with and before I leave I would like to mention one member in particular - Russ Nichols. Russ and I had an interest- ing and close relationship, not one that was always based on philosophical agreement but one which was based on a tremendous mutu�-jl respect. I think Russ will go down in the annals of the history of West Covina as one of the greatest Councilmen. I am pleased that I had an opportunity to serve with him just as I am pleased that I had an opportunity to serve with every member who has been an elected man sitting up at this table. It is really thrilling to work with men who proceed in the direction they believe is correct in the service to their community. That is honesty and speaks will of integrity and each of these men have served well. Thank you, Mr. Mayor. • Mayor Shearer: It has been an evening of speeches. I want to thank Jim for those nice words he said about us. I guess he meant them because we already voted and it will be a couple of years before he is back around again and I am sure next time he hopes he has a little better margin. I do want to offer my personal congratulations and best wishes to Jim. He is stepping into a much bigger job than he had here, although sometimes I wonder. Here he is one out of five and it is pretty difficult to get lost up here on any vote especially when we have the reporters right here reporting on everything we do and back in Washington Jim will be one out of 435 and he might have a little better chance of getting lost in representing West Covina and ten other cities. The pay is bigger, the glory is bigger but I am not sure that it is all that much tougher. Best wishes Jim and don't forget us down here. Jim said he would be back to call on us. Today on the phone he said he wants to come in and talk to someone in the highway-t department about the uncompleted freeway! Councilman Chappell: I would like to say just a few words. Jim and I came on the Council together and it certainly has been a privilege for me to serve with him. I think I learned a lot of things from him. I hate to see change on the Council, good people dropping • off. Bob, Jim and Russ in passing away, but our Council is constantly changing and still we have those same goals of achieving for West Covina and Jim now has goals of achieving for the whole district and I think he will do well and serve us well back in Washington. So Jim and Jackie, best of everything to you in Washington. - 4 - CITY COUNCIL Page Five 11/25/74 Councilman Browne: I certainly wish Jim and Jackie a lot of success back in Washington. I have known Jim for about seven years now and have always admired his performance on Council. His dedication has been dealt with by the response of the voters in sending him back to • Washington as a congressman. I agree with Jim's attitude and that he is going to do the same tYri ng in Washington that he has done for us back here in West Covina. Councilman Tice: I have known Jim for years. Sometimes we haven't agreed philosophically, as he would put it, but we have always had a good rapport. Jim has a big job ahead of him and I know he can do it. Best of luck to you and Jackie in Washington, D.C. Mayor Shearer• Thanks to:::fbrmer Councilman Lloyd's success, we now have a problem, one which I think we will take up at the moment, the vacancy and filling of that vacancy. Briefly summarizing the options Council has. We can either make an appointment providing that appointment is made within 30 days of tonight or the Council can decide to hold an election. If an appointment is not made within thirty days then an election has to be held. One other point that has come to my atten- tion in the last week, Ordinance 1249, section 2125, which the City Council adopted as an Urgency Ordinance the 24th of June requires in its present form that an election be held regardless of whether we make an appointment or not. I believe if my recollection serves me correctly the intent of the Council at the time this Ordinance was passed was that it would be applicable to the situation we had in the passing of Russ Nichols, the consideration of making an interim • appointment and we had a very easy choice to make, someone that would not have an advantage of that appointment at an election, we could have the better of two worlds. However, it has been pointed out to me by the City Attorney that the wording of that Ordinance would require, unless repealed, which can be repealed as quickly by four votes as it was enacted, and an appointment made up until the end of the regular term of office which would be March of 1976. So the options are basically three: appoint up until the next election which would be March assuming we do it prior to the first part of December and repeal the Ordinance and appoint to March 1976, or hold an election. I think it would be appropriate, gentlemen, that we bring the matter up at this time, discuss it and possibly reach a decision. Councilman Chappell: Mr. Mayor, if I may start it off. I would like to call your attention to the fact - that we did when Russ passed on feel it was the thing to do to have an election so the citizens of the community could go out and vote for the candidate of their choice. I see absolutely no difference in this instance. We had one of our fellowmen elected to Congress and again I feel that we should go to the voters and have them choose the elected official. The City • Councils and School Boards are the closest governmental bodies to our citizens. By appointing I feel we take away their rights and privileges of making that choice. There have been a lot of articles in the papers, I have had phone calls and received letters, all giving their opinions. I appreciate the opinions and I respect them but I would like to say one thing, we just had an election and each person voted for one candidate of their choice. If we were to appoint I would feel that five thousand voters would not be given - 5 - CITY COUNCIL Page Six 11/25/74 ,the right or privilege of voting for the candidate of their choice. Because of that and because we have in the.past felt the strength of an elected official versus the appointed offical, and because I think it speaks well for a Council who does elect and does not appoint. • It eliminates the backrooms, the deals, the friendships of appointees or the paying back of debts of gratitude, an election is really the fair way. Those that feel they would'like to choose a Councilman can go to the polls and vote. I read in the papers of the high cost of holding an election. The five School Districts in the City of shiest Covina will be holding an election this same day, they are going to hold their elections whether we hold ours or not and they are going to pay the bill whether we hold ours or not. So the citizens, the voting taxpayers will pay the same amount of money for this election as they would if we combined the City Council election with the school election. The School Boards will pay a,little less money and the City Council will pay a little less money rather than holding separate elections. So I feel the costs are there already, they are being borne by our citizens and it is just another good reason why we should have this election. So I would be a negative vote of the four votes needed to change this resolution and to get the discussion on the table I would like to make a motion, if it is in order, that we call for an election in March to replace Congressman Lloyd, and I so move. Mayor Shearer: Motion dies for lack of a second at the present time. Councilman Tice: Mr. Mayor, I will second the motion if I still can. Mr..Wakefield: Mr. Mayor, just one comment. A special election can only be called by adoption of a resolution. The appropriate motion would be to adopt a resolution reading: RESOLUTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING A SPECIAL ELECTION TO BE HELD ON THE FOURTH.DAY OF MARCH, 1975, FOR THE PURPOSE OF FILLING A VACANCY ON THE CITY COUNCIL." So moved by Councilman Chappell and seconded by Councilman Tice. Councilman Browne: Mr. Mayor, I would have this to say, I quite agree as Councilman Chappell has stated, the fact that the voters should elect their representative and I would agree in this instance if this were a full four year term. The City has recently gone through a very extensive campaign. Federal, city, county and statewise. I think the voter turnout was such that it indicated in our city shown by the closeness of the race that the • candidate who was second in the business came within 241 votes of being elected. I feel also that people are a little time weary of campaign speeches and election costs. I think the time of 'the year is improper to call an election and Council will serve without a member until such election is made in March. I think the city has very pertinent matters in this period to make decisions on. I have made an extensive survey by telephone and I am sure all of us have received basically the same letters from people in the community, the consensus of opinions of the people I talked to felt - 6 - CITY COUNCIL Page Seven 11/25/74 the election was unnecessary. The majority, somewhat over 80%, were opposed to an election.. Expenses have to be considered by the candi- dates and I think it,was indicated by some of.the people that ran in the last campaign that they have exhausted all means of financing • a campaign. I think the citizens of the community would not get out and vote, they would not. support with contributions necessary for the candidate to run to publicize themselves and become known. I have done a lot of soul searching. I did not make a comparison or try to state myself when asked some three weeks ago by newspapers how I stood. My reply was I was going to do some research and investigation to see if it bore out what I suspected and truly it has. I would not be in favor of holding an election. I think the candidate that was a second runner up and I spent considerable time talking to him, feeling him out, and I feel he is a high standing young man, morally alert and cognizant of the needs of the community. I feel also the last two times he ran the voters indicated that there was a need for a younger person on City Council. I feel also that the younger generation should have a voice in city affairs. His background leads to expertise in the rec and parks field, the organization of young peoples groups, working as an executive. I think the ability is there. Again I:.: cannot see wasting any more time or dollars of the citizens by calling an election and us sitting here with a four man council making some of the decisions we are confronted with in the near future. So I will not vote for calling an election. Councilman Tice: Mr. Mayor, as I stated earlier in my own campaign that I did favor an election and based on that I think the individuals who ran in this race are all qualified and also there is a basic • principle here to be considered and that is the democratic process. We have had a number of officials at the Washington level that I have been concerned about and that we don't get true representation, so my feeling was in favor of an election which was also based on upholding the principles of a democratic process. I hope, Mr. Mayor, we don't hang up with a tie. Mayor Shearer: That is where you are headed! And I might as well say that right off the bat because what I am going to say might sound like some double talk, but I think when a person is in a decision making position he has to consider all aspects. It is not all that easy to say it is this way or that way. It is easy, I think, for someone who does not have to finally raise his hand and say "aye" or "nay" to jump to a conclusion and say this is the way it is going to be, because obviously you don't have to be the one that says "aye° or "nay". I found that out not very long after 1970. I considered many aspects. I considered the"democratic process." I basically favor an election for elected officials, all things being equal. However, ivhe.n I look at some facts and figures I don't think all things in this case are equal. I want to say one thing also that the stand of the Tribune is not what has influenced me because I have not been known in the • past to necessarily agree with the Tribune's endorsement of issues up here, at least on two different occasions. I look at the fact that in our recent election 4844 people went to the polls and voted for Gary Miller. Now I may not feel that Gary Miller is the best person in West Covina to fill the vacant Council seat. I may not even think that the man sitting in the Mayor's chair is necessarily the best man because how do you define the best qualified, the best person, the best woman? There are many different ways that can be counted and you could come up with many different answers each time. - 7 - CITY COUNCIL Page Eight 11/25/74 I am sure I could say the same thing of the four of us up here that maybe with some other cut or qualifications we might find someone else would come out better, but the fact remains that the rest of us are here and we were elected and that is the best way. When I look at the number of votes Mr. Miller received and I think back • to March of this year and I received almost 2000 votes less and here I am. I am the Mayor. Granted there was a far fewer number of people who voted. So I took a look then at the percentage of registered voters who voted for Shearer and at that time 9% of the registered voters of West Covina voted for me. I am glad they did. I think it is a pretty sad commentary on the voters of the community that only 9% came out and voted for the best man, but maybe the other 91% figured the 9% would make a good choice. Mr. Miller received 13.6% of the votes eligible to vote in West Covina. I didn't vote for Gary Miller, I will say that right here, but I am going to vote for him tonight. What I envision is we call an election, we will have who ever that winner may be and it may be Gary or it may not be, but-C.-that person will be elected to office and I have all the statistics here since 1968 (I will not bore you with the facts and figures) but there have only been four times that men have received higher votes since 1968 than Mr. Miller received. I received once, obviously Councilman Tice received more. I received less once. Councilman Chappell received more once and less once, and former Councilman Young still holds the record for the highest turn out. There have only been four times in West Covina's history that anyone received more votes than Mr. Miller received. I am sure if these statistics hold true that we will have someone sitting up here after the March election, if that is the way the vote goes, having received less votes because fewer people will go out to vote. Now that may be the democratic process but to me that doesn't quite hold true, there seems to be something lacking. I feel that Gary has demonstrated the ability to attract people to vote for him, whatever that is, and I am not in the position to second guess those people and their reasons. If I did I would try and second guess the 9% that voted for me and I don't want to do that either. So we have a problem. We will have to vote on the motion before us, I guess, and then go into some further dis- cussion. Councilman Tice: Mr. Mayor, a question. What is the approxi- mate cost of conducting a special election with the School Board in March? Mayor Shearer: I have been in discussion with the City Manager and City Clerk and the figure I received was somewhere in the neighborhood of 10,000 dollars. Now while it is true that these costs would be shared there are many problems that can rise, and it is not necessarily true although it might be, that the costs would be the same, because we have a situation on consolidation of polls. The School District in the past has consolidated considerably more for elections than the City. Our City election in March consolidated the 81 precincts we have in West Covina into 301 whereas in November we had 80 precincts, • which of course doubles the cost to man the polling places. So it is possible even though we have a joint election that the total cost might be higher. At this point in time I don't think we can tell because the various School Districts have not agreed as to what degree of consolidation they would make. So the cost would run in the neighborhood of $101,000. �J i i CITY COUNCIL Page Nine 11/25/74 One other thing I should point out to my fellow Councilmen, we are also considering the possibility of an election on the question of the purchase of the school for a multi- purpose building, the election would be in May of this year. So if we vote to have one in March and another in May our citizens might get election weary. So I think that israsOme.thing we should consider. Councilman Tice: One .thing I am concerned about is that either way we would have to appoint some- one in the interim, because I think we need more than a four man Council to handle the issues coming up before us. Mayor Shearer: The way the Ordinance is now we would have to do that. If we did not choose to do that then our first action would be to repeal the Ordinance which takes four votes and I am not sure we can get four votes on the question. Mr. Wakefield: Mr. Mayor, just a word of explanation, if I may. The existing Ordinance relates to the length of time a person appointed to City Council will hold his office. It doesn't attempt to circum- scribe the power of the City Council to make an appointment. Now under State Law,absent of the Ordinance or with the Ordinance, the City Council has 30 days in which to act to make an appointment. If you do not act to make the appointment within the 30 day period then the vacancy would be filled at the next date upon which an election could be held which would be the May 27th date. On the other hand if you appoint without repealing the Ordinance, if you appoint tonight for example, that individual would hold office until March of 19751 which is the earliest date an election could be held. In summary therefore if you would not repeal the Ordinance you still need not make an appointment and if you do not make an appointment then a Councilman will be elected to fill the vacancy at the May 27th election. If you do make an appointment without repealing the Ordinance and prior to December 2, I believe, which is the next Monday, a week from tonight, without repealing the Ordinance that individual would then hold office until March 4, which is the earliest date upon which an election could be held. Mayor Shearer: It is somewhat complicated. Gentlemen, we have a motion on the floor, the motion was to adopt a resolution. It appears at the present time we are at 2 to 2, which means we are at an impasse and the motion fails. I am sure a motion to appoint would also fail, which means by law we are at an impasse until 30 days from tonight when State Law would step in and say you have an election on the 27th of May. If we don't decide, we are with an election in May. (The Mayor asked for the heading of the Resolution and Mr. Wakefield advised it had been read but the waiving of reading the body of the resolution had not been made.) Motion by Councilman Chappell, seconded by Mayor Shearer and carried, to waive full reading of said Resolution. Mayor Shearer: The motion is to schedule an election in March of 1975 without an appointment. �sM 0 • • CITY COUNCIL Motion AYES: NOES: Mayor Shearer: election in May, or a Page Ten 11/25/74 failed on roll call vote as follows: Chappell, Tice Browne, Shearer Our options now are to further discuss - try and persuade, or hold back and let nature take its course, which means an compromise. Councilman Chappell: Or we could have a compromise,.Mayor, by having some one change their vote on having an election in March instead of May, or the other way around. Councilman Browne: Basically the alternative would be to appoint someone to fill the vacancy if we so desire until an election could be called. Mayor Shearer: This, I believe, is a possible compromise. I don't feel it would be right for us in view of the vote to let nature take its course because what that means is we go to May and then we have an election anyway. I think the :die; is cast that we are going to have an election unless one or two Councilmen change their vote the other way, and I don't see holding out and forcing the election necessarily into May. As I discussed just a moment ago with Mr. Miller the possi- bility of his response with his appointment now and an election to follow. He of course said that was not his first choice but I would offer that for discussion purposes, not in the form of a motion, to see if that might receive some favorable comments. Councilman Chappell: I prefer not to appoint in this instance and let me state one thing right now - I have nothing against Gary or anyone else, it might appear that there is but I have no candidate in the wings to run for this job. I just believe in the basic principle, we have exercised it in the past. If we can appoint somebody and he will not run in March, I will go along with that, but I don't know how you can ask anybody to accept the appointment to March that has not had the experience on Council and we do need someone with experience if we are going to make correct decisions, and there are decisions to be made that are seemingly important between now and March. I think the Council if it acts as it has in the past, the only 2 to 2 vote I have seen in a long time was made when my mother had a heart attack and I had to be away and that was really the first 2 to 2 vote I have experienced on the Council in almost seven years that I have served here. I think we are all honorable men here and can come up with decisions and if somebody was off sick we would stand in for the Oouncilman and do our job. So I think we can do it until March, and who ever gets elected would be elected by the people and have a much better feeling than an appointment would be. He would stand eye to eye with anyone of us and voice his opinions and make his decisions as an elected official, and to me that is all important. In talking to people down at the League I would say one more thing, that some of the cities that think we should appoint would appoint people that would carry on their ideals and philosophies, and we don't want that kind of a council. We have never had that kind of Council since I have been here, nor do I think we have had it in prior years. say let's have an elected official by the citizenry and if it be 9% and that is all that wants to come out and vote they will make that decision and again there may be a much larger election in March knowing the importance of it. - 10 - CITY COUNCIL Page Eleven 11/ 2 5/ 74 I have never had the papers discuss my thinking or my reasons for my thinking, I think the rest of you have. So I say the elected official in my mind is so important that I stand solidly towards having an elected official sitting up • here. If I am wrong, well I have been there before. At least I do have that opinion, whether it be one vote or 250 votes or whatever the numbers. I don't think my philosophy is wrong and I think you all feel that way. .With regard to the cost - those costs will be there whether we have an election or not. Those same citizens will be paying for the School Board elections that will help pay for the City Council election. I really don't feel those costs are something that this City Council can't bear along with the five School Districts in our boundary who will all be holding an election. I say let's save some money and have our election at the same time. I have talked this over with a lot of people and I have thought this out for many many hours and I just can't change my mind and change my philosophy in.that respect. Councilman Browne: Councilman Chappell, you made a statement _,;. relating to experience in sitting on the Council - I think if you look back we all came on the Council relatively green and were afforded the opportunity ... Councilman ehappell: But elected and that is the key word. Councilman Browne: But we were afforded the opportunity to mature as time went by and I feel strongly having recently gone through an • election and with the figures related by Mayor Shearer and the attitude of the people in the community in expressing their vote, and you can play the numbers game or percentage game, whichever way you want to throw it around, and I think it was expressed by Councilman Lloyd at that time that he hoped that Council would consider appointing the runner up in the election to avoid exactly what we are trying to resolve now. What he said had merit. That was publicized in the newspapers. I think many people who went out to vote probably thought that would be the ultimate, that the second person would be appointed. However, we took a stand at the time of Councilman Nichols' death that we would make an interim appointment and call an election at that time. I think the time involved as far as fulfilling the term is considered was that an election was well warranted. I think to go out and appoint a man for the interim and place him in the seat, if this is the desire of the Council, I couldn't see anything wrong in extending that on over into the un- expired term of Councilman Lloyd. I sincerely feel this Council is a body that can work together, we always have. You made an. inference to back door deals - well I didn't vote for Gary Miller, I voted for Herb Tice. I certainly respect the vote that Gary Miller obtained when he went out and campaigned and I think that he has enough background and enough philosophy with a willing- ness to mature in the Council seat, such as everyone has here, and and probably end up being a better Councilman than we are. And I • just feel that strongly about it. I have had expressions from people in the community that I did not know personally, I obtained the names from supporter lists and opponents in the area and they indicated that even though they did not support Gary they hoped we would consider his appointment based upon -the number of votes he received. I also heard people say they would not want to be in our position to make the decision, however understanding the circumstances they CITY COUNCIL Page Twelve 11/25/74 thought we were men of good judgment and they would live with what we decide. And these statements were made by many many people. I don't feel that we are violating the right to vote in this instance. I sincerely feel as Mayor Shearer stated through sheer • weight of past performances in the elections - the fact so many people indicated they are just plain tired of political campaigns - and we have had a rash of them so far this year. I could go along with that and I would hope that we can see a little light and come to a meeting of minds. Regarding the right to vote, with an election just three weeks away I think it was pretty well indicated. I would hate to see us sit here for the remainder of the term of office or until such time an election can be called without five councilmen because I think there are certain areas that the vote would be requiring a minimum of four votes, some emergency type of ordinance, and I am not sure we would be in a position through illness or some unforeseen absence of a council member we would be sitting here with three men and I think we should have a full five man council. I would hate to see us come to an impasse where we could not make the decision. Councilman Tice: Mr. Mayor. I personally feel we have to function with at least five men on the Council. I don't think we can wait for an election to fill the vacancy, although I favor personally the democratic process of an election, I am willing to change my thoughts on this in order to get this thing off of dead center. Go ahead and appoint. Mayor Shearer: I would like to talk some more about numbers. It has been said that figures don't lie but liars can figure, but these • are right off the election results. We know the election was close, 234 votes separated Mr. Tice from Mr. Miller, or Mr. Miller from Mr. Tice, and that breaks down to less than 3 votes per precinct. This reminds me of 1960 when they talked about one vote per precinct was all that separated former President Nixon from former President Kennedy. Looking at it on a precinct by precinct basis I took the time over the weekend to check that and Mr. Tice either won or tied in 32 precincts and Mr. Miller either won or tied in 30 precincts. I think the closeness here of the vote is for all practical pur- poses an election. We can figure out what 234 votes is and the percentage of the votes cast - it is just a fraction of a percent point separating first and second place winner. I favor an election but I think we have had one. I think we have had the closest thing possible and to go through another election in March or May - and I would hate to see us go to May without a full council, I feel if we make an appointment it should be to March 1976. Would anybody else like to change their vote: Councilman Browne: I would like to make a motion at this time that we consider rescinding or repealing Ordinance 1249. ORDINANCE The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEAL- ING SECTION 2125 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE FILLING OF VACANCIES IN THE OFFICE OF CITY COUNCIL." Mr. Wakefield: Mr. Mayor - the Ordinance can be repealed by an ordinary kind of Ordinance in which it would be introduced at this meeting - 12 - CITY COUNCIL Page Thirteen 11/25/74 and final action taken at your next preceding meeting, in which case it would take effect 30 days after that date or it can be repealed as an Urgency Ordinance and that requires four votes. Councilman Chappell: Mr. Mayor - let's try the Urgency • Ordinance and I will vote "no" - so that will not pass. -Try the other one. Mayor Shearer: Mr. Wakefield, can the motion be applicable to the Urgency Ordinance if it gets four votes and if it gets three .. Mr —Wakefield: It would simply be the introduction of the Ordinance in that event. Motion by Councilman Browne, seconded by Councilman Chappell and carried, to waive full reading of said Ordinance. Motion by Councilman Browne, seconded by Mayor Shearer toa adopt Ordinance. Motion failed on adoption of Urgency Ordinance on roll call vote as follows: AYES: Browne, Tice, Shearer NOES: Chappell ABSENT: None Mayor Shearer: Motion to adopt fails on a vote of 3 to 1, because of a lack of four votes. .Let's have a motion to introduce the ordinance. So moved by Councilman Browne, seconded by Mayor Shearer and carried on roll call vote as follows: AYES: Browne, Tice, Shearer NOES: Chappell ABSENT: None Mayor Shearer: The motion carries, 3 to 1, but for all practical purposes it does nothing to solve our dilemma because it won't be effective until 30 days after our next meeting, which means our time for appointment is passed anyway. We will only be able to utilize that when one of us is elected Governor. Any Ordinance only takes effect 30 days after its second reading, unless it is an Urgency Ordinance. Tonight was the first reading, next reading will be the second and then the'Ordinance takes effect in 30 days. It is unfortunate that we didn't come across this situation sooner. In fact it was pointed out to me by one of the other unsuccessful candidates, and not by Gary Miller. I was not aware of it. It was an oversight on Council's part. I am going to declare a five minute recess at this time. COUNCIL RECESSED AT 8:45 P.M. AND RECONVENED AT 9 P.M. TO AN • EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING AN APPOINTMENT TO CITY COUNCIL. 9:01 P.M. RECONVENED AT 9:22 P.M. Councilman Chappell: I would like to make a statement at this time, Mr. Mayor. My feelings on an election are as so stated and in my decision, using the voting system of 3 to 1, has caused the City Council to have to call an election in May, I am not ready to call an election in May. I think that is too far down the road to have a Councilman serving too short of a time. A Councilman appointed - 13 - CITY COUNCIL Page Fourteen 11/25/74 by the City Council and then running in May in my mind would be not much better than not having an election. It would give the incumbent the advantage of having the seat for that length of time and would not really constitute a free election, so therefore I would like to reintroduce the Urgency Ordinance at this time which allows four Councilmen to appoint the candidate to City Council to • our next regular election which is March of 1976. If I can have the reading of the title of the Ordinance I will so move. ORDINANCE 1259 The City Attorney presented: URGENCY "AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, REPEAL- ING SECTION 2125 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE FILLING OF VACANCIES IN THE OFFICE OF CITY COUNCILMEN AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY." Motion by Councilman Chappell, seconded by Councilman Browne and carried, to waive full reading of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Browne to adopt Ordinance and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None Councilman Browne: Mr. Mayor, at this time I'would like to introduce for consideration of the City Council the appointing of Gary Miller for the full unexpired term of Councilman Lloyd, to March 1976. • Motion seconded by Mayor Shearer and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None (Councilman Chappell in voting stated: I don't oppose Mr. Miller in any shape or form but I still stand on the election principle. I will cast an "aye".) Mayor Shearer: We now have a Councilman elect, if we can use that term. The earliest possible date Mr. Miller can be sworn into office would be ten days subsequent to his filing, again, of a disclosure statement. We hope that he will do that within the next day or so, so at our next regular meeting on the 9th of December he can be sworn into office., and congratulations! APPROVAL OF MINUTES Motion by Councilman Browne, seconded by Councilman Chappell and carried, to approve minutes of meeting of November 12, 1974. Councilman Tice abstained. 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) HIRSCH/STERN Request for extension of time beyond 6 15233 Ventura Blvd. months re Precise Plan No. 641 and Sherman Oaks, Ca. Variance No. 687. (Refer to City Attorney and Planning Department.) - 14 - CITY COUNCIL CONSENT CALENDAR - Cont'd. b) PUBLIC EMPLOYEES UNION (Div. of Teamsters Local 986) • c) BOARD OF SUPERVISORS' d) MRS. CORNELIA KOVACH 2121 Cameo Vista Drive West Covina e) West Covina Post 790 of American Legion f) LOS ANGELES COUNTY REGIONAL PLANNING COMMISSION g) MRS. TED RADAMAKER 3316 Hilltonia Drive West Covina Page Fifteen 11/25/74 Re Apprentice Fireman Classification. (Refer to Staff for report) Resolution declaring a portion of Cameron Avenue in the City of West Covina no longer to be a part of the County System of Highways effective 10 days after filing with the City Clerk. Effective Date: Nov. 23/74 (Receive and file) Request for Mail Order Business License. (Recommend approval subject to City Attorney review) Copy of letter to Mayor Shearer re recent discussion of City's policy on veterans', preference. (Receive: ar.d file) Notice of Public Hearing re Zoning Case No. 6091-(1) situated at the southeast corner of Temple Avenue and North Azusa Avenue (County Area) (Refer to staff) Re Councilman Lloyd's resignation and recommendation to fill vacancy. (Receive and file) h) PUBLIC EMPLOYEES® UNION Copy of letter to City Manager re . (Div. of Teamsters Local request to be furnished notice of any 986) meetings planned or proposed dealing with the Tri-City Fire Department Merger Plan. (Refe-r.--t'ot.Pages 16 & 17) 2. PLANNING COMMISSION a) SUMMARY OF ACTION November 13, 1974. (Adj. Mtg) (Held over to 12/9�� b) SUMMARY OF ACTION November 20, 1974 (Refer to Page 16) (Accept and file) 3. PERSONNEL BOARD a) MINUTES b) REFER TO CITY MANAGER'S AGENDA 4. HUMAN RELATIONS COMMISSION SUMMARY OF ACTION 5. YOUTH ADVISORY COMMISSION a) SUMMARY OF ACTION 6. ABC APPLICATIONS: a) Irene B. Pichlik 4127 W. 135th St., ##A Hawthorne, Ca. October 1, 1974. (Receive and file) For Action Items from meeting of 11/12/74 November 21, 1974. (Held over.tb_12/9%74) November 5, 1974. (Accept and file) Chief of Police recommends NO PROTEST. dba CRISPIN'S HUT 971-A S. Glendora Avenue - 15 - CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Sixteen 11/25/74 7. CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) Harold J. Sorenson Claims hedge growing in 3921 Florac Rowland Avenue obscured La Verne, Ca. traffic during turn into (Deny and refer to City ance Carrier) b) John D. Rogers 16638 Holton Valinda, Ca. 8. CITY TREASURER Report 9. TRAFFIC COMMITTEE MINUTES center divider on vision of oncoming private driveway. Attorney and Insur- Re traffic collision 8/28/74 involving street sweeper. (Deny and refer to City Attorney and Insurance Carrier) October, 1974. (Receive and file) November 19, 1974. (Accept and file) Councilman Chappell moved that Unclassified Use Permit No. 200, Variance No. 7101 (Tentative Tract No. 29868) under summary of actions taken by the Planning Commission at its regular meeting of November 20, 1974, be called up before City Council. Seconded by Mayor Shearer and carried. (Refers to Item 2-b) Councilman prowne moved that Variance No. 711 under summary of actions taken by the Planning Commission at its regular meeting of November 20, 1974, be called up before City Council. Seconded by Councilman Chappell and carried., Mayor Shearer moved that Item 2(a) be carried over due to the fact it was not in the Council's packet; also Item I(h) removed for • Council consideration. Seconded by Councilman Chappell and carried. Motion by Councilman Chappell &o approve Consent Calendar items with the exception of Unclassified Use`Permit No. 200/Variance No. 710 and Variance No. 711 under Item 2, and Items 2(a) and I(h). Seconded by C.ouncilinan:s--Browne. and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None ITEM I(h) Mayor Shearer: I asked that this Item be removed because it was marked for Council consideration. It is a request from Teamsters Local 986. I will read one sentence has further requested that one member of the Fire Fighters Association be allowed to attend any and all of these most important meetings on city time." This has to do with the possible merger of fire services of West Covina and Covina. I think Council needs to take a position on this. (Discussion followed by Council members and it was thought that the Fire Captains already attended these meetings.) Mayor Shearer: I really don't think that is what they • have in mind. I have had no discussion with Mr. Smith or any member of the fire fighters association but I think they really had in mind someone other than the captains level attending these meetings. Motion by Councilman Chappell to request clarification as to what level. Seconded by Councilman Tice. MICIE CITY COUNCIL Page Seventeen CONSENT CALENDAR - Cont'd. 11/25/74 Mayor Shearer: We have had meetings, the Mayors and City Managers of the various cities at which no representatives from the Fire Chiefs on down has been present. I have a hunch they are possibly asking . for permission to attend those type of meetings as well. So I don't think it would be any problem to ask for clarification of just what they are asking for. • Motion carried. (Mr. Aiassa requested to contact them and get the specifics of their request.; Mr. Aiassa advised a meeting was scheduled with their representatives for December 5th, so a report will be before Council on December 9th.) ORAL COMMUNICATIONS Mrs. Bert Bergman Gentlemen, the action that you have taken 426 South Leaf Avenue at the beginning of this meeting further West Covina reiterates the fact that the Council members elected to this body respond to the wishes of the people. I believe if there had been an impasse in regard to the filling of the Council vacancy there is no doubt it would have blocked business of the Council in relationships. I know what it has cost the two members who believe in giving us, the electors, the right to vote, but I think personally the people have had the right and now you will be able to continue with a five member Council. Thank you. GENERAL AGENDA ITEMS AWARD OF BIDS BID NO: 75-33 Bids advertised to be received in the LEASING POLICE VEHICLES Office of the Purchasing Agent up to 10:00 A.M.on Wednesday, November 20, 1974. Council!' to Review Controller's Report. Mr. Eliot: Mr. Mayor and members of Council, quite Controller briefly summarizing the report you have in front of you, no formal bids were received. We have negotiated with several dealers in the area. We have presented the results of that to you. The lowest bid was from Mandy Williams Oldsmobile, West Covina. (Explained the difficulty in securing bids because of the maintenance factor and the high cost of maintaining police vehicles.) Staff recommends approval of the low bid. (Council discussed in further detail the reasons for not having received formal bids and Mr. Eliot explained and answered their questions.) (Mr. Wakefield asked if he had reviewed this matter in regard to the bidding process and if it were in order. After looking it over Mr. Wakefield advised it was in order.) Motion by Councilman Browne that City Council waive any further • bidding procedures and approve entering into a leasing agreement with Mandy.Williams Oldsmobile for fourteen (14) police vehicles of identical equipment, for the period of eighteen (18) months and a monthly cost of $364.00 per unit, for an annual cost of $61,152.00. Seconded by Councilman Tice and Carrie d_on roll call vote as follows: AYES: Browne, Tice:,= Shearer �-- .. NOES: None - ABSENT: None ABSTAIN: Chappell (Insures Mandy Williams Olds.) - 17 - CITY COUNCIL AWARD OF BIDS - Cont'd. Page Eighteen 11/25/74 BID NO. 75-34 Bids advertised to be received in the LEASING EXECUTIVE Office of the Purchasing Agent up to VEHICLES 10 :00 A.M. , on Wednesday, November 20, '.197.4..- No bids received. Review Controller's • report. Mr. Eliot. Mayor and members of Council, the formal Controller bidding procedures were followed here as well and no bids received. Therefore, our recommendation to City Council is that they waive further bidding procedures and authorize staff to obtain, examine and negotiate quotes for executive vehicles. such quotations will be returned to the City Council for their review and action. So moved by Councilman Chappell, seconded by Councilman Browne and carried. PUBLIC WORKS PROJECT NO. SP-74001 LOCATION: Various throughout City. NDL CONSTRUCTION CO. Accept sidewalk improvements and authorize release of Summit Insurance Company of New York Faithful Performance Bond No. 835075 in the amount of $21,215 subject to Notice of Completion procedure. (Staff recommends acceptance) So moved by Councilman Chappell, seconded by Councilman Browne and carried. • PROPL.OSED. BUS ROUTE Location: Azusa Avenue NO. 170 Council reviewed Engineer's report. SCRTD - BUS STOP LOCATIONS Motion by Councilman Chappell to approve the Southern California Rapid Transit District request for approval of bus stop locations for Route 170, as shown on the route plan; seconded by Councilman Browne. (Councilman Tice asked what this stopping would do to the traffic congestion already experienced on Azusa Avenue and Mr. Zimmerman stated the feeling of staff is that the buses will not congest the area sufficiently to cause a problem because they run at the most once an hour. Mr. Aiassa stated staff will keep a record on this.) Motion carried. 1995 FUNCTIONAL LOCATION: Citywide CLASSIFICATION SYSTEM Council reviewed Engineer's report. Department of Transpor- tation Request RESOLUTION NO. 4970 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF WEST COVINA, CALIFORNIA, APPROVING THE 1995 FUNCTIONAL CLASSIFICATION PLAN FOR THE CITY OF WEST COVINA." Motion by Councilman Browne, seconded by Councilman Tice and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Tice, to adopt said resolution and carried on roll call vote as follows: CITY COUNCIL Page Nineteen Public Works - Cont'd. 11/25/74 AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None STREET NAME CHANGE LOCATION: Norma Avenue between Azusa and • NORMA AVENUE TO Cherrywood Avenues. GARVEY AVENUE Council reviewed Engineer's report. RESOLUTION NO. 4971 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CHANGING THE NAME OF NORMA AVENUE BETWEEN AZUSA AVENUE AND CHERRYWOOD AVENUE TO GARVEY AVENUE WITHIN THE CITY OF WEST COVINA." Motion by Councilman Chappell, seconded by Councilman Browne 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, Tice, Shearer NOES: None ABSENT: None STREET NAME CHANGE Location: Fernwood Street FERNWOOD STREET TO Council reviewed Engineer's report. SPARTAN WAY Mayor Shearer: This is a proposal that came to us some months back when citizens of our community adjacent to West Covina High School requested a change to Spartan Way, being the nickname for • West Covina High School. We have a staff report that has recommended against the name change giving a number of reasons. (Council discussed report; felt the people in the area pretty well defined their ideas for not changing the name.) Motion by Councilman Browne that the street name of Fernwood Street from Cameron Avenue to the Walnut Creek Channel be retained; seconded by Councilman Tice and carried. Mr. Ai.assa: Mr. Mayor, staff has discussed the possibility of Mobeck Street - I don't know if Council would want to evaluate this, it would actually only be affecting a few homes . Mayor Shearer: I would suggest we let the issue drop until we get some input from the school itself, primarily from students. They have an elected student body president, they have a council, and I think if the move is there he will let us know. They are shortly going to be voters and I would suggest we let them take the next move. .WATER QUALITY CONTROL B.K.K. Waste Discharge Permit. BOARD Informatiaial Report. • (Mayor Shearer suggested this could be held over if Council desired, it was not in Council packet and had only been received this evening by Council.) Motion by Councilman Browne to receive and file informational report; seconded by Councilman Chappell and carried. - 19 - CITY COUNCIL Page Twenty CITY ATTORNEY AGENDA ITEMS 11/25/74 ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 6239.1 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCA- TION OF AMBULANCE OPERATOR AND TOW TRUCK OPERATOR BUSINESS LICENSES. (Held over from 11/12/74) Mr. Wakefield: Mr. Mayor and members of Council, you will recall that the Board of Supervisors adopted an Ordinance which provided for the revocation of the business licenses of ambulance and tow truck operators who had been soliciting business for attorneys and sent a communication to cities within the County requesting that the cities give considera- tion to the adoption of a similar ordinance and this has been prepared on the basis of that referral. (Councilman Chappell inquired if the operators of these vehicles in the West Covina area had been notified of this so they could come down and talk against it or for it. Mr. Wakefield advised no notifi- cation had been sent but the timing of the ordinance is such that it would be effective just before the time comes for.the renewal of next year's business licenses and they can be notified at that time. Councilman Chappell then asked the Mayor what brought this about. The Mayor stated the recent expose in Los Angeles with regard to the unscrupulous activities going on in L.A. in this regard (explained). Motion by Councilman Chappell to waive further reading of said ordinance, seconded by Councilman Browne and carried. 'Motion by Councilman Chappell to introduce said ordinance, seconded by Councilman Browne and carried. RESOLUTION NO. 4972 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORT- ING THE COOPERATIVE HOLIDAY SAFETY PROGRAMS. Motion by Councilman Browne, seconded by Councilman Chappell, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Tice, to adopt said resolution and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None APPROVAL OF WORK/ Motion by Councilman Chappell to approve STUDY CONTRACT the work/study contract with California Calif. State University State University, Fullerton, and authorize Fullerton the Mayor to sign the contract; seconded by Councilman Browne and carried. RESOLUTION NO. 4973 The City Attorney presented: • ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLAR- ING ITS INTENTION TO APPLY FOR GRANT FUNDS PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND PROVIDING FOR THE APPOINTMENT OF A CITIZENS ADVISORY COMMITTEE IN CONNECTION THEREWITH." Mr. Wakefield: Mayor and members of Council, this resolu- tion is in fulfillment of a very recent - 20 - CITY COUNCIL Page Twenty-one CITY ATTORNEY - Cont'd. 11/25/74 instruction to cities that.the first step in connection with the application for grant funds under the Federal Housing and Community Development Act is the adoption of a resolution of intention. That marks the time in which the costs which may accrue in preparation of the application.may be reimbursed from grant.funds, if and when the grant is finally received. .Motion by Councilman Browne, seconded by Councilman Tice and carried, to waive full reading of said resolution. Motion by Councilman Browne, seconded by Councilman Tice, to adopt said resolution. (Mayor Shearer asked the City Attorney if the resolution specifies any control on the number - minimum or maximum - composing the Citizens Advisory Committee. Mr. Wakefield said it did not, it simply authorizes Council to appoint a Citizens Advisory Committee to work with the City Manager and City Council in the preparation of this application for approval, but the staff report does recommend a number.) Motion carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None AT 10:05 P.M. THE MAYOR RECESSED THE COUNCIL MEETING FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 10:11 P.M. CITY MANAGER . YELLOW CAB CO. of the Mr. Aiassa: Mr. Mayor and members of SAN GABRIEL VALLEY Council, you have a report RATE INCREASE REQUEST before you on the survey made by city staff, and there are representa- tives present from the Yellow Cab Company, if you have any questions. Staff has suggested a condition of a 90 day trial basis. Staff has met with the representatives of the Yellow Cab Company and they are trying to add more free phones (explained further). They have been cooperative with staff in trying to meet those conditions that are a part of the West Covina code. (Mayor Shearer asked if Council had any questions in regards to the rate increase, which amounts to 16.6% over the present charge; the last rate increase was in 1971 and this figures out slightly over 5% per year. Councilman Tice asked the -number of passengers serviced in West Covina in 1973 and 1974.) Mr. Birulin, Manager Actually I can't answer that. All I can Yellow Cab Company say is it represents approximately 9 or 10% of our total business in the San Gabriel Valley. Mayor Shearer: I read in the report somewhere that you had 6 cabs within the City. Does that mean 6 . are here at all times? Mr. Birulin: That is correct. S:ix cabs are licensed to operate in the City of West Covina. We utilize all of our cabs in all of the surrounding cities and if the demand on a particular day calls for two or three this is exactly what is used. If more are necessary then we send in more to meet the demand response. - 21 - CITY COUNCIL CITY MANAGER - Con t'd. Councilman Browne: Mr. Birulin two-way radio. Councilman Browne: Page Twenty-two 11/25/74 Are your rates based on the call point or from your headquarters? No ,sir - our home base is in El Monte. However, we maintain six stands in West Covina. Our means of contact is by Do you have any idea of the call time required before a passenger is picked up? Mr. Birulin;;,,`3 On a normal basis from the time the call is put in to the time it is picked up we try to run a ratio of 10 to 12 minutes. Sometimes when the response is heavy it runs 15 to 20 minutes. Councilman Chappell: Two of our staff members took rides in your cabs and reported the upholstery was ripped and torn - has this been corrected? (Mr. Birulin_.,answered "yes" and explained.) Councilman Browne: We have complaints from people in the area and also speaking from experience because my wife has used your cabs for the last 11 years, and I cannot recall at anytime your response was ever less than 15 minutes. I personally had a call in one night for a cab in the Covina area and it took them an hour to respond and that was only by calling twice. The cab drove right by the place of call and I had to resort to hitch hiking a ride home. I have heard this complaint from others in the area. I would think since you are franchised to operate in this city that you would take the means of affording better • service. I am not complaining against your rate increase, I know it is warranted because of the cost of living package, but I do think your service is very lacking. Mr. Birulin: The only thing I can say is there will be times when it will run 20 to 25 minutes, depending on demand and response. I am not going to argue the fact if someone calls in and says they have waited a half hour or forty-five minutes - I know myself if I am in a very nice restaurant and I have to wait a bit I am always going to mentally say it is 30 to 45 minutes. Councilman Browne: Yes, that is human nature, but I am dis- cussing this from experience over a period of years. Not only in my family but from others that Have discussed this with me having the same complaint. I would hope if Council approves this on a 90 day trial basis that you would make every effort to improve your service in the community. You have a sole responsibility that no one else has, you have an exclusive. The means of transportation for those people who don't drive until such time as we can have transportation system in the City is that we are at your disposal. I would hope that you would take note of this and make a study of it and try and improve the service. • Mr. Birulin,,' ` We certainly will. Mayor Shearer: Mr. Wakefield, isn't it true that the Yellow Cab Company of the San Gabriel Valley does not have an exclusive franchise in the City of West Covina? I would like to have the record read correctly. If anyone else came in Council would have the option of granting them such a request, but it is just a matter of no one having made a bid for cutting into the business. (Mr.,Wakefield stated " True Mr. Mayor.) - 22 1 CITY COUNCIL Page Twenty-three CITY MANAGER - Contd. 11/25/74 councilman Tice: One comment, Mr. Mayor. With a few cabs and a few buses providing the only public transportation in the City, it is pretty bad. I too have received a few comments from people that have said they have;:.called for service and waited quite awhile, so I too hope the service improves. Mayor Shearer: Are there any more questions? We have a recommendation on the part of staff for a 90 day period to grant the request. Is there a motion to that effect? So moved by Councilman Browne, seconded by Councilman Tice and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None AUTHORIZATION TO DISPOSE OF SURPLUS CITY OWNED EQUIPMENT BY AUCTION (Staff Report) The City Attorney presented: RESOLUTION NO.4974 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, DECLAR- ING CERTAIN CITY OWNED PROPERTY TO BE SURPLUS AND AUTHORIZING THE SAME OF SAME BY PUBLIC AUCTION." Motion by Councilman Browne, seconded by Councilman Chappell and carried, to waive full reading of said resolution. Motion by Councilman Chappell, seconded by Councilman Shearer and carried on roll call vote to adopt said resolution: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None APPRAISAL SERVICES Councilman Chappell: Mr. Mayor, a .. SUNSET SCHOOL SITE question of (Staff Report) Mr. Wakefield. I thought this was a site to be utilized for recreation and that is the area it would be appraised in and not the Fair Market Value with reasons/Highest and Best Use with reasons. Mr. Wakefield: The statute involved does say that the School District shall sell the property at its fair market value and fair market value in this case has been interpreted_ _at least by the County Counsel's office as meeting the sale for the property on the appraisal of the property at,*' i-ts highest and best use. This means, I think, that the appraisal will undoubtedly take into account the age and condition of the buildings. On the other hand the buildings may be of some value to the City for use in connection with a recreational program. I think the benefits are essentially the same in either case, whether it is appraised for use for recreational • purposes or residential purposes it.will really not make much differ- ence in the end in so far as the total value is concerned. Again this is a judgment picture so far as the individual appraiser is concerned, and a matter which will have to be determined. Councilman Chappell: Isn't there a code governing-.:the'.::School District on the selling of the property and the way it can be appraised? - 23 - CITY COUNCIL Page Twenty-four CITY MANAGER - Cont'd. 11/25/74 Mr. Wakefield: Yes, there is and the government code section in question I have it here - if I can find it. • (Mayor suggested continuing on with the agenda items while the City Attorney is checking the government code section.) EMERGENCY TELEPHONE Motion by Councilman Browne, seconded PLAN 911 by Councilman Chappell and carried, (Staff Report) to authorize the City Manager to file the 511 tentative plan to the Communications. Department, State of California. POLICE DEPARTMENT Personnel Board recommendations (report) PHYSICAL AGILITY TEST City Manager requested that this item be carried over to the Council meeting of December 9, 1974. So moved by Councilman Chappell, seconded by Mayor Shearer and carried. PUBLIC EMPLOYEES UNION Request for additional extension of time (Div. of Teamsters Local limit re replacement grievance - Fire 986) Department (Staff Report). (City Manager asked for continuance, stating at the December 9th Council meeting there will be a further report.) Motion by Councilman Browne to continue this item to the meeting . of December 91 1974. Seconded by Councilman Chappell and carried. (City Manager further stated there is affirmative agreement by the Firemen'S Association to the new date of 12/9/74.) F.B.I. TRAINING SCHOOL Move approval of the request in Chief of (Informational Report) Police report of 11/25/74; motion by Councilman Chappell, seconded by Council- man Tice and carried. EXECUTIVE SESSION Re Personnel Matters - carried over to the Council meeting of 12/9/74. CONTINUANCE OF APPRAISAL Mr. Wakefield: Mr. Mayor and members SERVICES - SUNSET SCHOOL of Council, Section SITE 54 222 of the Government Code provides "that any local agency disposing of surplus land shall first notify the following entities of their intent to dispose of the property and offer such land for park and recreational purposes or open space purposes to the following entities at fair market value prior to disposal." Then it refers to park and recreation departments of. the City, County or other local entities. The point that is significant here is while the use of the property may be limited for recreational purposes • insofar as the sale to local entities is concerned the School Dis- trict is required to sell it at its fair market value;and again this has been interpreted:.r• generally to mean the highest and best use, whatever that may be. Councilman Tice: Mr. Mayor, a comment. It is a shame we are hung up on a technicality since the people of West Covina have already paid for the property one time; it would be much easier to transfer it if it were only possible. 24 - f i V • • CITY COUNCIL CITY MANAGER - Con t'd. Mr. Aiassa: same basis, so if we are to do the same. Page Twenty-five 11/25/74 Mr. Mayor, for Mr. Chappell's information. I believe the School Board directed Mr. Eastman to acquire an appraisal on this going to make a comparison of cost we have Motion by Councilman Browne, seconded by approve up to $1650. for the services of in the City of West Covina, and carried AYES: Browne, Chappell, NOES: None ABSENT: None CONFLICT OF INTEREST Mr. Aiassa: Councilman Chappell, to Verne Cox, appraiser located on roll call vote as follows: Tice, Shearer have another item coming up called Conflict Perhaps he might orally speak on it. Mr. Mayor, I think Mr. Wakefield should alert the Council that you now of Interest, Proposition 9. (The Mayor stated they have received a written report from the City Attorney and he would rather defer this until someone specifically has a question; suggested that a copy be sent to Gary Miller. Mr. Wakefield said he would send a copy, and that it would not be effective for any purpose until the 7th of January. Councilman Tice asked that a copy be sent to him again, so he might go over it.) CITY CLERK Board of Supervisors, official action. MAYOR'S REPORTS PROCLAMATIONS Rights Week - December SPECIAL ELECTION RESULTS - The latest informa- tion is that the Registrar of Voters' Office expects to certify the official count to the Tuesday, November 26, 1974, for the Board's The Mayor asked if there were any objections to proclaiming the following proclamations: a) "Muscular Dystrophy Month" - December 1974; b) "Support for the Efforts of Families of Prisoners of War and Missing in Action (no month designated); c) Bill of 9/151, 1974; Hearing no objections, so proclaimed. WOODSIDE VILLAGE `SCHOOLS Mayor -She We have in our packet with regard to this item a report regarding Councilman Chappell'-' d my effort in the attempt to resolve the question of access.to a school site for school purposes. Our latest meeting was last Friday at which time we met for about 5 hours on the subject. The upstart of that particular meeting was that both Boards directed staff to work out the details. We have agreement as to the basic concept. I felt we had made progress at the meeting, others apparently felt it was a giant step backwards and I am at a loss,,to know where we went backwards. I felt we at least held our own. Mr. Miller - have you had any problems since then in working with them: (Answered: None) Maybe that was a misquote, which happens sometimes. INTERNATIONAL Mayor Shearer; A request has come to MEDIATION SOCIETY City Council from the International Mediation Society wishing to use the Council Chambers for a public lecture on transcendtal mediations as a health aid, business aid, etc. I think it is not a Council policy, I frankly feel I don't have enough knowledge about transcendtal mediation or the International Mediation Society to grant the use of public facilities for their meeting. It is my recommendation that if the man who contacted us wishes to supply more information we would be prepared to study it. I would not - 25 - CITY COUNCIL Mayor's Reports - cont'd. Page Twenty-six 11/ 2 5/ 74 be prepared to recommend the use of the Council Chambers. (Council agreed) (Mayor asked Miss Williams to relay the feeling of Council to the person who made the request if he called back again.) EXECUTIVE SESSION (The Mayor stated with the resignation of Councilman Lloyd, Council has a vacancy in SCAG. Councilman Lloyd has been quite active here and it does take time. Asked if anyone on Council would volunteer for this meeting - in the absence of a volunteer it.might be possible to designate a staff member to attend. Councilman Chappell said Council should have an elected member attend these meetings; Councilman Browne said he might be able to do so but would need more information first to see if it would cause any conflict with other matters of business. The Mayor asked Mr. Aiassa to also advise Mr. Miller, he might be willing to take on that chore.) Council then recessed to the Executive Session to discuss appointmentsto the Citizens Advisory Committee at 10:45 P.M. Reconvened at 10:55 P.M. CITIZENS ADVISORY Mayor Shearer: In accordance with the COMMITTEE resolution we passed ear - APPOINTMENTS lier Council is appointing representatives to serve on a Citizens Advisory Committee in relation to the Community Development Act. At the present time the following will be appointed, and we may from time to time add to the Committee if we see the need or other interested citizens step forward. Time is very much of the essence in this particular situation. We will appoint the Chairman or his designated representative of each of the five Commissions of the City: Planning Commission, Human Relations • Commission, Youth Advisory Commission, Recreation and Parks Commission and Personnel Board. We will also ask the Chamber of Commerce to designate one representative who is a resident of the City of West Covina to serve on this Committee. We will also appoint at this time: Mrs. Louis Reynolds, Dorothy Tucker, Elaine Magnus, and Joanne Wilner. That totals 10 and we may supplement that at a later time. Mr. Aiassa, can you see to it that a letter of notifica- tion with the date of the first meeting is sent to these people - also contact Mr. Strachan to see if he can get a member of the Chamber of Commerce to serve on the Committee. If there is anyone in the audience that is interested or knows of someone interested please contact Council. COUNCILMEN'S REPORTS/COMMENTS (None) (Councilman Chappell wished all a Happy Thanksgiving.) APPROVAL OF DEMANDS Motion by Councilman Chappell to approve Demands totalling $534,989.43 as listed on Demand Sheets C1019 through 1021, C66A and D647A. Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Chappell, Tice, Shearer NOES: None ABSENT: None • ADJOURNMENT Motion by Councilman Browne, seconded by Councilman Chappell and carried, to adjourn meeting at 11 P.M. to November 26, 1974 at 4 P.M. for the purpose of conducting interviews for vacancies on City Commission. APPROVED: ATTEST• MAYOR CITY CLERK