03-24-1975 - Regular Meeting - MinutesA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
MARCH 24, 1975.
• The regular meeting of the City Council called to.order at 7:30 P.M.
in the West Covina Council Chambers by Mayor Ken Chappell. The
Pledge of Allegiance was led by members of the Blue Bird Group,
Carol Shearer and Katrina Kling. The invocation was given by the
Reverend Myrus Knutson of Christ Lutheran Church.
ROLL CALL
Present:
Mayor Chappell; Councilmen: Shearer,
Miller, Browne, Tice
Others Present:
George Aiassa, City Manager
George Wakefield, City Attorney +
Lela Preston, City Clerk,
Leonard Eliot, Controller
George Zimmerman, Public Service Dir.,
Michael Miller, Planning.Director
John Lippitt, City Engineer
Janet Williams, Administrative Analyst
Gus Salazar, Redevelopment Coordinator
Craig Meacham, Deputy Police Chief
Eric Cohen - Staff Reporter, Sentinel
Mark Landsbaum - Staff Reporter, S.G.V.D.T.
APPROVAL OF MINUTES
Motion by Councilman Tice, seconded by
Councilman. Browne to approve minutes of
the Council meeting of March.10, 1975.
Councilman Shearer:
Mr. Mayor, I have two corrections. Page 1,
next to the last line says "City Council
really does as much work as.....". I think
if it would be rewritten
to say "City Council really does not do as much'
work as staff does" that
would at least relay my intent. On Page 37
I mentioned a'Senator
and there is a blank there, that should be
Senator Deukmejian.
Councilman Miller:
Mr. Mayor, a correction on Page 5, the
second paragraph, I would appreciate the
word "yes" being deleted. My intent
there was, the purpose
was to have Precise Plan 665 brought up to us {
and at that time there
may be further input and my decision was to be
made at a later date.
Motion carried, minutes.approved with
corrections.
COMMENDATION
Mayor Chappell read a Resolution of
Commendation commending Herb Tice for
his service to the City of West Covina
as a member of the Personnel Board from July 10, 1967.to the time
of his election to the
City Council. (Presented Resolution to
Mr. Tice.)
CONSENT CALENDAR
The Mayor explained the.procedure of the
Consent Calendar items and asked if there
were any comments on the following items:
- 1 -
CITY COUNCIL
CONSENT CALENDAR — Cont'd.
1. WRITTEN COMMUNICATIONS
a) Phillip W. Thompson
132 S. Homerest Avenue
West Covina
• b) Supervisor Peter F.
Schabarum
Page Two
3/24/75
Re Carrows Restaurant. (Refer to City.
Manager's Agenda Item I-1.)
Re proposed creation of a regional
agency with mandatory membership for
SCAG. (Refer to City Attorney's Agenda
Item G-9.)
c) United Cerebral Palsy Requesting permission to conduct
Association of L. A. annual fund raising drive and a waiver
County of Charity Solicitation business
license f.ee. (Approved in prior years.
Recommend approval)
d) Mt. San Antonio Relays Invitation to attend Annual "Relays
Committee Night Banquet", April 4 1975 at 7:30
P.M. (Receive and file]
e) West Covina Chamber of Re Bicentennial Application. (Council)
Commerce (Refer to Pages 6 and 7)
100 South Sunset Place
2.
PLANNING COMMISSION
Summary of Action
March
17, 1975 (Adi Mtg) (Accept and File)
March
19, 1975 (Accept and file)
3.
HUMAN RELATIONS COMM.
Summary of Action
Februar 27, 1975. (Held over from
3110/75�
(Accept and file)
4.
YOUTH ADVISORY COMM.
f
a)
Minutes
March
4 & 11, 1975. ) :
(Receive and file
b)
Action Items
From regular meeting of March 18, 1975:
Refer
to City Manager's Agenda Item I-2.
c)
Report on Inner City
March
B. 1975. (Receive and file)
Blues Conference
d)
Report on State Comm.
on Youth Meeting
March
14, 1975. (Receive and file)
e)
Report on 42nd Juvenile
March
7, 197.5. (Receive and file)
Delinquency & Crime
Prevention Conference
5. ABC
APPLICATIONS:
Chief
of Police recommends NO PROTEST.
a)
Old World Delicatessens,
Inc.,
dba OLD WORLD DELICATESSEN
5332 Mountain Springs Ranch Rd.
2532 S. Azusa Avenue
La Verne, Ca.
b)
Wm. T & Phyllis M. Tokushige
dba NEW OKUDA
1427 S. Rama Drive
2648 E. Workman Avenue
West Covina, Ca.
Chief of
Police
recommends PROTEST.
c)
Ramona M. & Ronald G. Crater
dba 7/Eleven Food Stores
2123 Paso Real
2887 E. Valley Blvd.
Rowland Heights, Ca.
— 2 —
CITY COUNCIL
CONSENT CALENDAR — Cont'd.
Page Three
3/24/75
6. CLAIMS FOR DAMAGES'FILED WITH THE CITY CLERK:.
a) Randell Munden Re Attorney's fee to clear record.
4633 Maine (Deny and refer to .City Attorney and
Baldwin Park Insurance Carrier)
b) Harold M. Olsen Re branch fell off of parkway tree and
223 North Lang fell on vehicle breaking windshield and
West Covina denting fenders and hood. (Deny and
refer to City Attorney and Insurance
Carrier)
7. CITY TREASURER Report for Month of February 1975.
(Receive and file)
8. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS
a) TENTATIVE TRACT NO. 25512 LOCATION: Shadow Oak Drive from Amar
UMARK, INC. Road to Station 33+41.65. Accept street
and sewer improvements and authorize
release of St. Paul Fire and Marine In—
surance Company Faithful Performance.
Bond No. 400 CU 2644 in the amount of
$138.00. Staff recommends acceptance.
b) TRACT NO. 31B49 LOCATION: Prospero Drive and Sunset
MEEKER DEVELOPMENT CO. Hill Drive, east of Serena Drive.
Accept street and sewer improvements
and authorize release of Fireman's
Fund Insurance Company Faithful Per—
formance Bond No. SCR 708 00 35 in the
amount of $24,400. Staff recommends
acceptance.
c) TRACT NO. 31849 LOCATION: Prospero Drive and Sunset Hill
MEEKER DEVELOPMENT CO. Drive, east of Serena Drive.
Authorize release of Fireman's Fund
Insurance Company Monument Bond No. SCR
708 00 36 in the amount of $770.
Monuments in place. Staff recommends
release of bond.
d) PRECISE PLAN NO. 637 LOCATION: West side of Glendora Avenue,
ARTURO PIZZO. south of Cameron Avenue.
Accept sidewalk improvements and
authorize release of The Aetna Casualty
and Surety Company Faithful Performance
Bond No. 33 SB 032420 BCA in the amount
of $1,700. Staff recommends acceptance.
e) PRECISE PLAN NO. 655 LOCATION: North Garvey Avenue, west of
MAYER CONSTRUCTION CO. Walnuthaven Drive.
Accept sidewalk improvements and
authorize release of Safeco Insurance
Company of America Faithful Performance
Bond No. 2211394 in the amount of $4,000.
Staff recommends acceptance.
9. TRAFFIC COMMITTEE MINUTES Review Action of March 18, 1975.
(Refer to Pages 4, 5 and.6)
Robert Armitage Requested the removal of Item 9 — Traffic
1359 W. Workman Committee minutes with reference to Item 1
West Covina of that meeting. He would like to discuss
with Council.
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CITY COUNCIL
CONSENT CALENDAR — Cont'd.
Page Four
3/24/75
Councilman Shearer requested the removal of
Item I—e.
Motion by Councilman Shearer to approve Consent Calendar items with
the exception of Item I—e and Item 9. Seconded by Councilman Browne
and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
ITEM 9 Re Review of City Parking Restrictions
TRAFFIC COMMITTEE relating to Commercial Vehicles.
MINUTES ITEM 1
Robert Armitage We attended the Traffic Committee meet-
1359 W. Workman ing, Mrs. Musich and myself, because we
West Covina have had some problems. We are in the
trucking business and also residents of
West Covina. We have small tractors that we have been bringing home
to our house because of certain problems we have had finding places to
park, the time of night that we do come back from a trip out of town,
and we have been receiving tickets. We realize it is against the law
at the present time to park vehicles there but we have parked them on
short occasions like arriving home at 2 or 3 in the morning and then
getting up at 7 or 8 to move the vehicles to another city, because
there is no place in West Covina to either park or pay for parking
our vehicles, and it is becoming a. real problem. I have to wake my
wife up early in the morning to follow me to Baldwin Park or Covina
to find a place to park and it.has been a real inconvenience. She
wakes the children up and makes one of them stay up because she
doesn't like to leave the children alone,so it is just a bad
situation. Some of the things said by the officers at the meeting
referred to the weight factors and the combination of:a commercial
vehicle over 69000 pounds. There are many commercial vehicles
commercially registered of the same size as ours but do weigh less
than 61000 but we felt they would be no more or less of an eyesore
than ours parked alongside a private home, obscured it is really
not any more of a eyesore than it has to be. We felt there might
be a possibility that we could get some kind of a permit or variance
or something that if it met certain criteria such as the vehicle
was registered to us and we were residents of the city and lived
pretty close to a truck route so we would have quick access to it
without going 5 or 6 miles into a residential area — so we could
get in and out quickly — and only one vehicle parked.at a time
at a private dwelling — and that was the most important part of what
we discussed at the meeting. When the weight factor .was brought up
we brought to the attention of the Traffic Committee all the
recreational vehicles that are parked on the streets that weigh
half as much more or two times as much as our little tractors.
Ours are 9200 pounds and these recreational vehicles, converted
school buses, etc., it is perfectly legal for people to take those
into their homes and park in the driveway or thefront yard and
they obstruct a lot more of the view than our little commercial
tractors. We really couldn't see a whole bunch of valid points
if it was the weight factor that was involved. I live on Workman
Avenue and I thought I lived on a truck route.
Councilman Shearer: Mr. Mayor, may I interrupt. I wonder
if he is aware of what the Traffic
Committee is recommending? If I may
review it this may answer the gentleman's concern. The Traffic
Committee is recommending that Section 3188 of the City's Municipal
Code be revised to the point where it only prohibits parking of
commercial vehicles on a public street. You indicated the vehicle
in your case was parked on private property, and further that the
— 4 —
CITY COUNCIL Page Five
CONSENT CALENDAR - Cont'd. 3/24/75
matter of parking the vehicles be referred to the Planning Commission
for a study. So if the City Council adopts tonight what the Traffic
Committee is recommending and you are in fact parking your vehicle
on your own property you will no longer be cited. You are free to
continue talking but it sounded to me like you are not aware of what
the Traffic Committee recommended to us.
Mr. Armitage: Does that not pertain to 3188?
(Shearer answered "that is correct".)
My citations read Section 3187.
Mr. Wakefield: Mr. Mayor. It is true that 3187 does
refer to parking on private properties
specifically.- That also is one of the
two sections that will be considered by the Planning Commission in
deciding what shall be done with respect to the regulations of parking
vehicles on private property.
Councilman Shearer: But the Council has requested a
moratorium?
Mr. Wakefield: Yes sir, insofar as the Musichs i. are
concerned.
Mr. Armitage: Yes, the moratorium is in effect so
far as the Musick's are concerned;
however my situation is the same but
I haven't been jumping up and down about it yet. When we discussed
it with some of the other residents of West Covina as to where I
could park my truck that is half way close to my house, any
commercial place, and I will pay, but there is no place in the town
so I have to go to someplace else and I have had pilferage, gasoline
stolen, etc, It is a real problem and also I can't afford $25 or
$30 tickets every other night.
Mayor Chappell: City Council will probably refer this
to the Planning Commission for their
study and we will probably be hearing
from them shortly because the Chamber of Commerce is also interested.
Leave your name so you will be notified and will be,'able to be
present and testify at that time.
TRAFFIC COMMITTEE MINUTES Councilman Miller: Page 9 dealing
ITEM U with the removal
of the crosswalks. I would ask that
Council consider possibly removing
the crosswalk closest to the Capri Theatre but leave the crosswalk
closest to the island which goes to the donut shop. I realize foot
traffic is minimal but having talked to the person that runs the
donut shop and with times that are rather tight leaving a bit of
foot traffic doesn't hurt and it doesnat least leave an exit
across. (Explained in further detail) So I entertain that as a
consideration at this time.
Mayor Chappell: Does anyone have any objections to
removing just the one crosswalk at
this time and leaving it for further
study?
(Councilmen Tice and Browne asked for further input as to why staff
did recommend removal of both; Browne suggesting it should go back
to them for further study and reasons.)
- 5 -
U
CITY COUNCIL
CONSENT CALENDAR - Cont'd.
Page Six
3/24/75
Councilman Tice: Mr. Mayor, I have a question on Item I
on the parking of the vehicles.
Mr. City Manager, does the City have
any vacant property adjacent to the freeway or to Azusa that is
large enough to be used for parking heavy vehicles? What I had in
mind is if we did and it was large enough perhaps we could fix it
up and charge a normal rental fee to park these types of vehicles.
Mr. Aiassa: Staff could investigate. There is
going to be some surplus property
along the freeway and this may be one
of the possible solutions - fence it in and pave it.
Councilman Tice: I am somewhat sympathetic to the pro-
blem we have here and at the same time
I realize we have problems with our
streets, but perhaps we can work something out and satisfy everybody.
Mayor Chappell: We might ask Mr. Aiassa to have staff
pursue that and possibly come up with a
solution.
Councilman Browne: Mr. Mayor, another suggestion along that
line, inasmuch as the Chamber of Commerce
and some of the hotel owners are request-
ing the parking of trucks driven by those who are potential customers
of these places of business, there must be somewhere in the City
a file on people that own property adjacent to the freeway that could
be rented out for the parking of some of these larger trucks. I know
at the far west end of town adjacent to the Stan Mar.in Baldwin Park
they utilize that piece of property, and I am sure.somewhere along
the frontage roads there are others. At the sametime that the
investigation goes on, if Councilman Tice would give his approval,
perhaps we could ask for that information to be supplied also.
Councilman Tice: I think that is an excellent idea. We `
should combine all these factors to
see what can be done. Mr. Mayor, is a
motion needed on this?
Mayor Chappell: I don't believe so; however I would
like a motion on Item 9.
Motion by Councilman Shearer that the Traffic Committee minutes be
approved with the exception of Item V and that it be referred back
to the Traffic Committee for further investigation. Seconded by
Councilman Miller and carried.
ITEM I-e Councilman Shearer: Mr. Mayor, there '
WEST COVINA CHAMBER OF was no specific
COMMERCE - BICENTENNIAL recommendation on this item, it was
APPLICATION left up to Council. I would be prepared
to approve it subject to any comments
you might want to make at this time.
Mayor Chappell: I would like to call,on the President
of the Chamber of Commerce to give us
a short report on this.
John Gunn, President
Chamber of Commerce
of the Bicentennial group on
we have done that andwe have
Gentlemen, as of your council meeting
on 11/12/74 at which time you asked
your Chamber to serve as coordinator
the application and plans for our City,
done it under the able leadership of
CITY COUNCIL
CONSENT CALENDAR — Cont'd.
Page Seven
3/24/75
Clara Decker, who serves as Chairman, Ken Chappell who serves as
Vice —Chairman. So far things are going quite well, but I think
you would rather hear from Clara as to what is happening and where
we stand at this moment.
Clara Decker: We have a committee of 13 and we
have met on several occasions to
get input from the different service
groups in the area on projects which might go along with our
bicentennial theme and from these projects the three theme area
chairmen — myself and Mr. Strachan — have chosen those items which
are on the application to be submitted to the State Bicentennial
Committee for approval and to recognize West Covina as a bicentennial
community. That is basically what we have done so far.
Mayor Chappell: I would like to say that Clara has done
a lot of work and her.committee has
put time and effort in on this applica—
tion. Councilman Shearer has made a motion that we accept this
application for approval and send it on to the Bicentennial
Administration for approval.
Seconded by Councilman Browne and
carried.
GENERAL AGENDA ITEMS
PUBLIC WORKS
PROJECT SP 75006 LOCATION: Vincent Avenue bridge
(Agreement) widening across Walnut Creek Channel.
(Engineer's report reviewed by Council)
Mr. Aiassa: Mr. Mayor and members.of Council, the
contract proposed by Walsh & Associates
is in the amount of $11,600. We also
met with the County to see if we could get them to help us on this
and their figure exceeded that received from Walsh & Associates.
So staff is recommending that we stay with the private firm.
Motion by Councilman Shearer to approve the purchase order with
Walsh & Associates not to exceed $119600 for the design of widening
of Vincent.Avenue Bridge across Walnut Creek Channel, per previously
approved hourly rates in accordance with their proposal;dated
March 10, 1975; seconded by Councilman Tice and carried on roll call
vote as follows: AYES: Shearer, Miller, Browne, Tice
NOES: None
ABSENT: None
ABSTAIN: Chappell
FREEWAY LANDSCAPING AGREEMENT (Council reviewed Engineer's report)
RESOLUTION NO. 5030 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING COOPERATIVE AGREEMENT
. NO. 2991, AS REVISED MARCH, 1975WITH STATE OF CALIFORNIA, DEPARTMENT
OF TRANSPORTATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAME."
Motion by Councilman Browne to waive further reading of said resolu—
tion; seconded by Councilman Miller and carried.
Motion by Councilman Browne to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
— 7 —
CITY COUNCIL
PUBLIC WKS• Res. #5030
AYES:
NOES:
ABSENT:
ABSTAIN:
UNCLASSIFIED USE PERMIT
NO. 134
UNION OIL COMPANY
Page Eight
3/24/75
Miller, Tice, Browne, Chappell
None
None
Shearer
LOCATION: Fairway Lane and Grand
Avenue.
Motion by Councilman Shearer to approve irrevocable offer of dedica-
tion for street and highway purposes and authorize City Clerk to
record the document_; seconded by Councilman Miller and carried.
PLANNING COMMISSION
PARCEL MAP NO. 4729 LOCATION: North side of James Avenue
CITY INITIATED east of Calvados Avenue.
Request: Approval of a Parcel Map
creating six (6) single family lots
out of ten (10) existing lots in the R-1 (Single Family) Zone Area
District I. Recommended by Planning Commission Resolution No. 2583.
Motion to approve by Councilman Browne, seconded by Councilman Tice
and carried; Councilman Shearer abstained.
ORAL COMMUNICATIONS None.
CITY ATTORNEY
RESOLUTION NO. 5031 The City Attorney presented:
ADOPTED °'A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROV-
ING DEVELOPMENT PLAN NO. 8 OF THE
PLANNED COMMUNITY DEVELOPMENT NO. 1 AND TENTATIVE TRACT NO. 316339
BUTLER HOUSING/UMARK, INC., AND DENIAL OF WAIVER OF SETBACK REQUIRE-
MENTS."
Motion by Councilman Tice to waive further reading of said resolution;
seconded by Councilman Browne and carried.
Motion by Councilman Tice to adopt said resolution; seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 5032 The City Attorney. presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPT-
ING AMENDMENT 1975-2 TO,THE GENERAL PLAN
OF THE CITY OF WEST COVINA."
Motion by Councilman Shearer to waive further reading of said resolu-
tion; seconded by Councilman Miller and carried.
Motion by Councilman Miller to adopt said resolution; seconded by
Councilman Shearer and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 5033 (The City Attorney stated it would be
ADOPTED appropriate for Council to designate
the member of Council that is to serve
as alternate to the District Governing Boards of County Sanitations
CITY COUNCIL Page Nine
RES. NO. 5033 3/24/75
Districts Nos. 15, 21 and 22, and adopt the resolution. Councilman
Shearer pointed out traditionally the Mayor Pro tem acted in that
capacity.)
Motion by Councilman Shearer that Mayor Pro Tem Browne be designated
as the alternate member of the District Governing Boards of County
Sanitations Districts Nos. 15, 21 and 22; seconded by Councilman
Miller and carried.
RESOLUTION NO. 5033 The City Attorney presented:
ADOPTED "A.RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
DESIGNATING AN ALTERNATE MEMBER OF
THE DISTRICT GOVERNING BOARDS OF COUNTY
SANITATIONS DISTRICTS NOS. 15, 21 and 22."
Motion by Councilman Shearer to waive further reading of said resolu-
tion; seconded by Councilman Miller and carried.
Motion by Councilman Shearer to adopt said resolution; seconded by
Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 5034 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE OPENING OF A HOUSING
AND COMMUNITY DEVELOPMENT ACCOUNT AND
DESIGNATING THE OFFICERS ENTITLED TO
SIGN WARRANTS AND CHECKS."
Motion by Councilman Browne to waive full reading of said resolution;
seconded by Councilman Tice and carried.
Motion by Councilman Browne, seconded by Councilman Tice to adopt
said resolution and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
PUBLIC HEARING RE Mr. Wakefield: Mr. Mayor and
UUP # 719 REV. members of Council,
B.K.K. CO. LANDFILL this item is a
recommendation that the CityCouncil
establish'April 14 as your next
regular meeting for the hearing of the extension of the UUP held by
B.K.K. Company for the continuance of the landfill operation for a
period of 6 months. Council will remember at the time the resolu-
tion was .approved it contained an expiration date of April 1, 1975.
This date was included simply as a means of encouraging the con-
tinuance of the negotiations for the acquisition of the landfill
area by the City. The negotiations are underway working towards a
target date of July 1 for the conclusion of the negotiations with a
recommendation to Council for their consideration. .
Councilman.Tice moved approval of the date of April 14, 1975 at
8 P.M. for the hearing on the Unclassified Use Permit, No. 71, Rev.
B.K.K. Company landfill; seconded byCouncilman Browne.
Councilman Miller: Mr. Mayor, a question of clarification.
Looking at the dates of April 1 and.a
public hearing on April 14 - my question
would be will the B.K.K. continue operating from April 1 on until the
negotiations are settled and if so under what guidelines. I get the
CITY COUNCIL Page Ten
CITY ATTORNEY: Re B.K.K. COMPANY HEARING 3/24/75
impression that there is a two week lapse.
Mr. Wakefield: Yes, it is true that there will be a
two week hiatus when technically the
use permit is not effective; however,
in the past we have always assumed as long as the matter had been
set for hearing and the operations were continuing under the existing
permit that it was proper to continue that operation until such time
as the final determination had been made.
Lotion carried.
MR.' CRUZ - REQUEST (The City Attorney advised this item
is accompanied by a staff request that
it be continued until.the next regular
Council meeting.)
So moved by Councilman Shearer, second-
ed by Councilman Miller and carried.
CITY ATTORNEY'S DEPARTMENT Mr. Wakefield: Mr. Mayor and members
SPRING MEETING of Council, this item
is a request from the City Attorney to
be authorized to attend the City
Attorney's Department Spring meeting of the League of California
Cities in South Lake Tahoe the end of April and the first day of May
with the City paying one-half of the attorney's expenses not to
exceed $175.
So moved by Councilman Tice, seconded
by Councilman Shearer and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
LEGISLATION Mr. Wakefield: Mr. Mayor and members
AB 438 (Repeal of SB 90) of Council, you had
some consideration With regard to
AB 438 which proposes the repeal of
SB 90. SB90 was adopted in 1972 and for the first time established
certain tax payments for cities and counties. The legislation also
provided that the State reimburse cities and counties for so-called
State mandated expenses. Unfortunately the legislature has adopted
a seemingly instant -kind of device which is simplya determination
that the -,mandated program really doesn't impose any additional expense
on cities or counties and therefore no appropriation is needed.
It is the staff recommendation that Council oppose the repeal of
SB 90 simply because even with its tax limitation features it does
have a deterrent effect on the legislature imposing new programs
on cities and counties with the expectation that city taxpayers
will finance the cost of those programs. It is staff recommendation
that you authorize a letter to be written opposing AB 438.
So moved by Councilman.Shearer; second-
ed by Councilman Miller.
Mayor Chappell: I certainly think we should do this
• loudly and often. Some of the items
in the hopper right now Will add
hundreds of thousands of dollars to the cost of operating the City
of West Covina and this bill is strictly to get around some of the
legislature - especially SB 90 - under the guises of the property
tax and then really lower the boom on us as time goes by. I hope
whenever you talk to reporters or any one else that you mention this
and advise them to really go out in opposition of AB 438.
- 10 -
CITY COUNCIL Page Eleven
CITY ATTORNEY: Repeal of SB 90 3/24/7S
Motion carried.
SUPERVISOR SCHABARUM Mr. Wakefield: Mr..Mayor and
LETTER - RE SCAG members of Council,
this refers to a
letter from Supervisor Schabarum in which he expresses a desire for
. a reconsideration of the action taken by the General Assembly of the
Southern California Association of Governments (SCAG) in approving
the reintroduction of legislation to make SCAG a statutory agency.
It is Supervisor Schabarum's position that there was insufficient repre-
sentation of cities and counties at the General Assembly and the
matter ought to be reconsidered for that reason. You will recall
the City Council itself opposed this matter before the meeting of
the General Assembly.
Motion by Councilman Shearer to reaffirm Council's position supportive
of the recommendation of the Board of Supervisors and authorize the
Mayor to communicate with the SCAG Executive Committee and the County
Board of Supervisors in support of their position; seconded by
Councilman Miller. and carried.
RATIFICATION OF Mr. Wakefield: Mr. Mayor and members
AUCTION of Council, I have
this one additional item - the Armada
North American Van Lines, which is located in the City, is
apparently required to have an annual public auction of unclaimed
property that is in their storage facilities. Last week the
Company accompanied by its auctioneer applied for a special
auctioneer's license to hold the auction last Saturday. The auction
was held and this is simply to request that you ratify the action
of the City Clerk in issuing the special auctioneer's license. The
fee for same was paid for.
Motion by Councilman Shearer to ratify the action of the City Clerk;
seconded by Councilman Miller and carried.
THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 8:15 P.M. FOR THE
PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL
RECONVENED AT 8:20 P.M.
CITY MANAGER
CARROWS RESTAURANT (Mr. Aiassa advised progress has .been
WALL - (Staff Report) made and in a meeting with the owners
it was agreed to eliminate the redwood
fence and put a block wall in; also deflectors on the lights.
Mr. Fred Oakley representing Carrows was present and also
Mr. Thompson representing some of the property owners in the area.
Carrows will have to get permission from each of the owners to
actually put the extra 2' on and then this will make it all even.
At present, if carried through as agreed to, all parties are
satisfied and in agreement.)
Motion by Councilman Tice to accept and file the report; seconded
by Councilman Browne and carried.
YOUTH ADVISORY COMMISSION (Mayor Chappell stated .that he has
REQUEST TO SPONSOR been attending their.meetings; they
JUVENILE JUSTICE CONFER- have been meeting each week and it
ENCE appears to him that they have put
together a pretty good program.)
Motion by Councilman Shearer to move approval of the request of the
Youth Advisory Commission to sponsor Juvenile Justice Conference,
May 24, 1975 at Edgewood High School (partially on the recommendation
0
�J
CITY COUNCIL
CITY MANAGER - Cont'd.
Page Twelve
3/24/75
of the Mayor); seconded by Councilman Miller and carried.
CALTRANS RESPONSE Motion by Councilman Shearer to receive
TO CITY'S INQUIRY RE and file; seconded by Councilman
REALIGNMENT OF CALIF. Miller and carried.
AVENUE HOOK OFF RAMP
INFORMATIONAL REPORTS
a Status Report on NYPUM
b Vernon Fire Dept.
Paramedics Intern Field
Training with W.C. Fire
Department
c) Service Station Ordinance
Progress Report
CITY CLERK
Motion by Councilman Shearer to
receive and file informational re-
ports on items a, b, and c-,•.seconded
by Councilman Miller and carried.
PARADE PERMIT Galaxie Little League Opening Day,
APPLICATION Saturday, April 5, 1975 from 8:00 A.M.
to 10:00 A.M. Request waiver of $25
application fee and $5,000 bond.
(Approved in prior years. Recommend
approval subject to staff recommenda-
tions.)
Councilman Shearer moved approval of request; seconded by Councilman
Miller and carried.
(Mayor Chappell stated Council is
parade and to contact Mr. Stevens
be there, because they provide a
of Council attending, with names
man Tice said he would be there.
MAYOR'S REPORTS
LOTH ANNUAL COUNTYWIDE
OLDER AMERICANS
RECOGNITION DAY
MAY 10, 1975.
some publicity on this
and may know of someone
recognized for on Older
Councilman Shearer:
asked to participate in this
advising whether or not you will
car for transportation for those
on the side of the cars. Council -
No other comments.)
(Mayor Chappell requested the submission
of names of older people in the
community that might be considered for
this recognition; further requested
the possibility of Mr. Aiassa getting
so people in the community may be aware of it
in the community doing things they should be
Americans Recognition Day.).
Mr. Mayor,
April 7 for
and we do not have a meeting between now
suggest that we authorize you, if we get
poll the Council, and I so move.
PROCLAMATION:
LEAGUE OF CALIFORNIA CITIES
BULLETIN RE SB 275
Seconded by
carri,'ed.
i Hearing no
proclaimed
May !1975.
I notice the deadline is
the submission of names
and then, so I would
more than one name, to
Councilman Miller and
objections the Mayor
"Older Americans Month"
Mayor Chappell: You will recall I
pointed out at our
last meeting that we should become
very familiar with why we are opposing
this. I am attempting to get the Mayors
12
CITY COUNCIL Page Thirteen
MAYOR'S REPORTS — Cont'd. 3/24/75
of our Valley together and holding a press party to cite our reasons
so we can get the citizens of our communities aware of the dangers
of this bill and what it could do to us as a City and perhaps with
enough pressure by the citizens we can put a stop to this bill before
it passes. Does anyone have any questions? I hope you have had the
opportunity to look over these items and will speak on it if you are
• appearing in front of any group at schools, mebtings or things of
that type.
PROCLAMATIONS: Hearing no objections, I have been
Mayor Chappell: asked to proclaim "Circus Day" in the
City of West Covina on March 27, 19759
and I so proclaim.
I also have a request of Council to
proclaim, as we did last year under the leadership of Mayor Shearer,
the "West Coast Premiere of Circus Vargas" and if we can get .
approval of this proclamation and have it rewritten I will present it
as it was done by the Mayor last year.
So.moved by Councilman Browne, seconded
by Councilman Miller and carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
COUNCILMEN'S REPORTS/ Councilman Shearer: Mr. Mayor, I
COMMENTS have two items.
The first is the report I read in the
papers that the courts have made some
sort of negative decision with regard to time off on Good Friday
and I wonder if there is anything the Council needs to do on this.
Mr. Wakefield: Mr. Mayor and members of Council, I
am sure you all read in the paper of
the District Court of Appeals
decision the early part of this month in which the court concluded
that the taking off of the three hours on Good Friday was an inter—
mixing of secular and religious affairs and for that reason was
invalid under our State and National constitutions. The District
Court of Appeal decision is not yet final and will not be final
until 60 days have gone by from the 12th of March. On the other
hand the trial court which originally heard the case..did at its
conclusion of the hearing on the matter issue a mandatory
injunc.tion which was directed to -the State and enjoined the State
from permitting time off. .with pay for the three hours from 12 noon
to 3 p.m. on Good Friday. The District Court of Appeals had issued
a specific stay of that mandatory injunction at the time the appeal
was filed, however, when the decision was released the District
Court of Appeals also released the stay on its mandatory injunction.
So as it now stands the.State is
confronted with the specific Mandatory Injunction which is applicable
to this coming Good Friday, however cities and counties were not
parties to that lower court action and are not bound by the injunc—
tion.
As I am sure you will recall and I
think it was in the year 1972 when as a part of a Memorandum of
Understanding the City agreed to amend its salary resolution with
respect to holidays to provide for four hours for miscellaneous
employees from 1 to 5 p.m. on the Friday designated as Good Friday
— 13 —
CITY COUNCIL Page Fourteen
COUNCILMEN'S COMMENTS/REPORTS 3/24/75
and one day off with pay for either the day before Christmas or the
day before New Year's, and these holidays are now provided for in the
salary resolution of the City and are designated as holidays. Under
the circumstances I think there is nothing that the City need or can
do with respect to -the forthcoming Good Friday afternoon. Our
resolution relates only to miscellaneous employees. It does not
apply to fire and police. The practice of the City, as I understand,
has been to keep the offices of the City Hall open on Good Friday
afternoon operating with a skeleton staff, and I assume that pro—
cedure would be followed this year.
In checking with the Attorney General's
office I was advised that Governor Brown had not yet decided whether
to appeal the District Courts opinion or not; so the matter of appeal
is still under consideration by the State Administration and until
there is a final decision on the matter I think the City Council
need not do anything about it.
Councilman Shearer: The next item has to do with the
correspondence I signed last month
with regard to the request for a
special meeting with the representative of the County Fire Depart—
ment. Have we received an answer as yet to that correspondence?
Mr. Aiassa: I sent Council a copy of the letter
and I also phoned the individual
assigned to meet with us and I told
him we were going to bring it up tonight. I believe the intent of
your letter was that Council would like to have this representative
meet with Council and for Council to decide whether or not they
wanted a county study made. Before setting a date I wanted to check
with Council on a suitable date because there has to be at least
three Councilmen present. I would suggest the first Monday in
April at 4:30 P.M. The County representative said he would make his
time available for the Council on either Monday the 31st or April
7th.
Council discussed date. The Mayor suggested holding off for a
ime because the other matter is still under discussion and there are
things to be ironed out yet; Councilman Shearer expressed a desire
to get this matter resolved as quickly as possible with regard to
whether or not Council is going to ask for a study, rather than wait,
felt it might help in the overall decision. Council. decided on
April 7th at 4:30 P.M.)
Councilman Shearer: Mr. Wakefield, sometime ago, all of us
I hope, filed the conflict of interest
thing as required under Proposition 9.
At that time there was some question as to whether we would have to
file under the Waxman/Dymally bill in April — is that necessary?
Mr. Wakefield: Yes, Mr. Mayor and members of Council,
the Attorney General has issued a
formal opinion within the lasttwo
weeks in which he concluded the provisions of Proposition 9 super —
ceded the inconsistent provisions of the Waxman/Dymally . Act and
also the inconsistent provisions of the Moscone Act. So the next
filing which will be required is the filing required. under Proposi—
tion 9 required to be done within 30 days after the date of the
anniversary of your taking office. That is the date on which you
were sworn into office, which,I believe,was thesecond Tuesday in
March a year ago. I have prepared and sent to the City Clerk a
memorandum with reference to the requirements in connection with
that filing. In the filing this time will be required not only a
statement with respect to your investments and your real property
— 14 —
CITY COUNCIL Page Fifteen
COUNCILMEN'S COMMENTS/REPORTS 3/2.4/75
but also with respect to your income. Unfortunately the Fair
Employment Practices Commission, the State Agency created by
Proposition 9, has not yet approved or released the official forms
for the filing that is required. I have prepared a form, copy of
which is attached to the. City Clerk's memorandum, which I think is
adequate to meet the requirements of Proposition 9, but if the
• official form does come out before you actually make your filing
it would be preferable to use your official form.
Councilman Shearer: So the filing is 30 days from our
anniversary date. Am I correct in
assuming, Mrs. _Preston, that we will
be getting the forms from you?
City Clerk: Yes. I received an interim form
from the Fair Employment Practices
office, it is a little bit different
than the one sent by Mr. Wakefield. (Mr. Wakefield advised that
the one received from the Fair Employment Practices office be the
one used.)
Councilman Tice: Mr. Wakefield, since I didn't take
office until November I am exempt
under the March situation?
Mr. Wakefield: Yes, you do not make a filing until a
year from November.
Councilman Tice: I am depending on the City Clerk to
keep me clear. Mr. Mayor, I would
like to propose and I mentioned this
before, that we formally establish a Senior Citizens Advisory
Committee. With the idea that they would give us some help in the
needs of our senior citizens in the future — 5, 10 or 20 years from
now — in the areas of transportation, recreation, public services,
state and federal assistance, community involvement, which are just
a few of the items we could get input on. I feel that this committee
would serve a vital purpose in giving us this type of information
for the revision of the General Plan. What I had in mind was
something in the area of 7 to le people from different ethnic back—
groundpp and they need not all be senior citizens.
I would like at this time to formally
propose that we establish this type of Advisory Committee to run for
approximately 6 months, not a permanent committee.. I am not talking
about a Commission but something similar to a Blue Ribbon Committee.
Councilman Shearer: A comment, Mr. Mayor. I am a little
concerned with Commissions or Committees
of this type. Our experience in the
past has been less than great, in my opinion. Many of the
recommendations and things that come from these committees are great
recommendations but unfortunately far beyond the ability of the
City to implement. I refer you to the various Blue Ribbon Committees
that suggested four swimming pools, an auditorium, and a few other
things that have gone by the wayside. It would appear to me that
this group Councilman Tice is talking about might run somewhat in
conflict with. the Community Development Advisory Committee that we
have active at the present time and that is making recommendations
in regard to the facilities for senior citizens. I am not saying
that necessarily I oppose this, but I would like to see a little
more specifics as to what Councilman Tice would hope to gain or the
product that he would wish this committee to come up with before I
could support such an effort.
— 15 —
CITY COUNCIL
COUNCILMEN'S REPORTS/COMMENTS
Councilman Tice:
called out, is the area
such as dial -a -ride, mi
• needs they feel may be
like the opportunity to
this in further detail
Page Sixteen
3/24/75
I think that is a good point, Council-
man Shearer. The points I would like
to see and this needs more specifics
of what type of transportation may be needed,
ni buses or RTD; and what kind of recreation
needed in the future. At this time I would
work with staff on this and maybe develop
as far as specifics are concerned.
Mayor Chappell: You might check also with the Chamber
of Commerce, they have a Transportation
Committee working on dial -a -ride, etc.,
and see what background of information they have. Why don't you
work with Mr. Aiassa and put something on paper and we can all take a
look at it when you have it completed.
Councilman Tice: Fine. One other thing. I did have
an opportunity to attend the All City
Track Meet today and it was pretty
nice. We had quite a large turn out, not too many parents. I saw
Councilman Shearer's wife there with their children, It was very
interesting. I think we have some professional track stars coming
along for the future.
Councilman Browne: I have one thing, Mr. Mayor, which I
think was skipped over lightly in oral
communications. We have in our
audience tonight Miss Kelly Jones, a staunch supporter, and after
reading the wonderful write up about her in the Tribune Sunday I
think we failed to acknowledge people like her in.the community.
We can rely upon her to be here and support us through some of our
problems and situations - she never makes any issues of things but
I am sure she goes back to the League with favorably reports on
our actions here. So I would like to thank her.
COUNCIL COMMITTEE/ Mayor Chappell: You have before
LIAISON APPOINTMENTS you the tentative
Committee Liaison appointments - is
there anyone that cannot attend the meetings as listed?
Personnel Board - Councilman Shearer; Planning commission - Council-
man Tice; Recreation & Parks - Councilman Miller; Human Relations -
Councilman Browne; and myself with the Youth Advisory Commission
and the Chamber of Commerce. Anyone wish to make a change? If not
that will be the appointments for April, May and June.
EXECUTIVE SESSION (At 8:55 P.M. the Mayor called the
Executive Session for.the purpose of
discussin procedure for appointments
to the various Commissions in the City. (Council reconvened in
the Council Chambers at 9:17 P.M.)
Mayor Chappell: At this time the Council is in the
process of interviewing applicants
for the Youth Advisory Commission -
on the 31st of this month starting at 4:30 P.M. Six applicants
will be interviewed and then we will break for supper and come back
at 7:30 when the rest oft he applicants will be interviewed.
I see one of the Youth Commissioners in the audience - there are to
be two of you and Councilman Miller and Mayor Pro tem.Browne, who
will represent our side of the interviewing which will be held in
the City Manager's conference room. Staff will coordinate the con-
tacting of the applicants and tell them what time to meet here.
I hope you will continue recruiting, we -can certainly use more
applicants on this list. It doesn't appear that we are getting the
- 16 -
CITY COUNCIL Page Seventeen
EXECUTIVE SESSION - Cont'd. 3/24/75
mesaage across to the schools, at least not from the number of
applicants we have from the whole city. City Council is re-
appointing: Renee Futter, Crystal Texeira, Wayne Slavitt,
Rick Ortega, Cornelius Morley, Marc Beilinson.
RESOLUTION NO. 5035 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
MAKING CERTAIN APPOINTMENTS TO THE
YOUTH ADVISORY COMMISSION."
Motion by Councilman Shearer, seconded by Councilman Browne and
carried, to waive further reading of said resolution.
Motion by Councilman Shearer, seconded by Councilman Miller, to adopt
said resolution. Motion carried on roll call vote as follows:
AYES: Shearer, Miller, Browne, Tice, Chappell
NOES: None
ABSENT: None
APPROVAL OF DEMANDS Motion by Councilman Browne to approve
demands totalling $502,885.16 as listed
on Demand Sheets C1052 - C1055 and
B660A. Seconded by Councilman Tice and carried on roll call vote as
follows: AYES: Shearer, Miller, Browne,.Tice, Chappell
NOES: None
ABSENT: None
ADJOURNMENT Motion by Councilman Shearer, seconded
by Councilman Tice and carried, to
adjourn -this meeting at 9:20 P.M. to April 7, 1975 at 4:30 P.M.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
- 17 -