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HomeMy WebLinkAboutJUNE 16,1970 I I '--- 18:7647 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL HEARING (Friedman) y l?-I )' HEARING PROPOSED BUDGET 1970-71 " MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED and REGULAR MEETING JUNE 16, 1970 The City Council of the City adjourned and regular session City Hall on June 16, 1970 at of Arcadia, California, met in an in the Council Chamber of theArcadia 7:30 P. M. and 8 P. M. respectively. Rev. Robert Oliver, Arcadia Church of Christ Councilman James R. Helms, Jr. PRESENT: Councilman Arth, Considine, Helms, Butterworth ABSENT: Councilman Hage On MOTION by Councilman Helms, seconded by Councilman Considine and carried unanimously, the minutes of the regular meeting of June 2, 1970 Were APPROVED. CONTINUED - Appeal filed from the decision of the Planning Commission in its denial of the application of Mrs. Harry Friedman for a lot split at 120 - 150 E. Duarte Road. The City Attorney explained what has transpired since this matter was continued by Council (April 21, 1970); that the persons involved had not yet reached a meeting of the minds and recommended a continuance to the next regular meeting (July 7); that during ~he interim further attempts will be made to resolve the matter. SO ORDERED. Time and place for consideration of the proposed 1970-71 budget. Mayor Butterworth advised that communications and oral presentations would be heard prior to budget discussion. Whereupon the Hearing was declared OPEN and the following persons addressed Council. (TRANSCRIPT IS HEREBY MADE PART OF THE OFFICIAL MINUTES) - 1 - \ 6-16-70 FOLLOWING IS A TRANSCRIPT (insofar as decipherable from tape recording) OF PRESENTATIONS MADE PRIOR TO CONSIDERATION OF THE PROPOSED BUDGET. Dorsey Caldwell, 124 Diamond Street, Arcadia. Fire Department. "I would like to read to you in the interest of brevity, a stat e- ment which more or less sums up our business here tonight and I would like to be followed by three members of the department for information remarks which might be of some assistance. The fire department is not as you know, in the habit of coming directly to the city council, but the situation has grown serious enough to warrant it we think. Our questions fall into two main categories, mainly salaries and benefits and departmental operations as they are affected. The first is a request for a clarification of our joint memorandum of last year. We have been unable to reach agree- ment with the City Manager's office on a few points. 1 "Number one, by including Educational Incentive Increment and stability pay and computing average wages when some employees receive them and some do not, those who do not, are penalized. No mention was made of this last year when the agreement was drawn up and to include it now indicates bad faith on the City's part. These two items are clearly fringe benefits which comes to those who are here over five years in the case of stability payor who have earned an AA degree in the case of Ell. To average this throughout the whole department is unjust. Also the city now has announced that at the end of five years an AA degree will become a part of the job requirements for all personnel desiring a position above hoseman. Those who are in one of the grades requiring the AA and who have not met this requirement by that time will then suffer a five per cent differential in pay from those who have it. By doing this, the City is completely reversing the original intent of the Ell plan where instead of rewarding the people who make the extra effort to obtain an AA degree they will be penalizing those who don't or can't. For Some this effort would be completely impractical at this time as they are near retirement. Why then do this to these employees who have given long and faithful service to the city. We further feel it is unfair for the City to demand that a department with below average pay and benefits be above average in educational requirements. "Regarding stability pay it was stated while Mr. Schone was here, at the time of the stability pay inception plan, that it is a separate item from salary to recognize years of service and encourage stability of employment. Now, Item two, the City Manager's office refuses to consider any method for correcting possible errors in projecting the average. We made two suggestions for this but both were rejected. If our joint memorandum is to have any meaning at all, something like I this must be included or the same thing could happen this year as did last year. The City Manager apologized for being low on his predictions and promised to correct it next year, but this hasn't helped pay the grocery bill this year. "Item three, your request that we deal with no other legislative body than yourself regarding conditions of employment, is in our opinion against public policy. We feel it is the right of all Americans to bring about change through all legal means. We don't feel that the Arcadia firemen deserve fewer rights than any other citizen. "Item four, our memorandum further states that all members of the Fire Department are to be paid the average salary. The City Manager's office now is attempting to exclude our Inspector, Batallion Chief and Assistant Chief from this agreement. Finally, we came up with twelve requests for improvements in benefits and working conditions, all of which were perfectly justified. The City Manager's office chose to 6-16-70 -lA- give no consideration to these this year. It boils down to where we can't get you to live up to last years agreement, much less make any much needed long overdue improvements. I "In summary, none of this information nor any you will hear tonight from the Fire Department has been made public through the press. We come to you tonight with an urgent request for a meeting of the minds in the hope of avoiding an unpleasant situation. Now gentlemen, in short, we just request that you consider all the information and I have prepared a packet for each one of you of our minutes of meetings held with Mr. Francis, along with a copy of our original proposal and with a copy of my remarks tonight and we would like to have you evaluate them and try to help us get off dead center and help us reach an agreement for this year I s negotiations ," Mike Povero, 2534 Gardi Street, Duarte. Fire Department. "We have sought an audience tonight for what we hope will be a mutual enlightenment. We seek enlightenment in the area of your sentiment regarding a memorandum of understanding and offer you enlightenment in the sad state of affairs that prevails within the Fire Department. Not being a public speaker, I am, with your permission, going to read from this prepared statement so that none of the essential facts will be overlooked or forgotten. I would appreciate any statements, comments or questions on your part being withheld until the conclusion and I will endeavor at that time to clarify any points or answer any questions. I "First,. I must make one statement. I love my job. I like the City in which I work. In fact, I like the City so much that I feel a definite loyalty to her and it is out of this feeling of loyalty that I feel compelled to speak tonight. Everyone feels, reacts and is influenced by the forces that surround him and I am surrounded by a force I do not like. It is an aura that is very obvious and inescapable. It is this feeling of mass discontent and dissatisfaction. This feeling that seems to have been fostered and engendered by the attitude of the administrators of this City. This City has been known as the Queen of the Valley for a long time. And she truly has the attributes of the name. .,a beauty and reputation rare, but this reputation is becoming besmirched by the mire of selfish officialdome. Thousands of dollars are spent to mantle this Queen in beauty by building planted divider strips down her boulevards, building and improving her parks and recreation areas and facilities and yet the loyal subjects who are expected to take care of these areas, the people who gr'oom and pamper this Queen are paid less, far less in many cases than her counterparts who labor in other areas. We could possibly even accept this if our Queen's coffers were depleted or committed as alms for charity, but she is financially a sound and secure entity, more solvent and more pre-possessing than almost any other community in this area and is reported to be fourth richest community per capita in the State. We can see no possible justification for us to be trailing in wages and benefits and history shows that this is not just a contemporary problem. This is a situation that has been allowed for many years. We have in this Department always tried to deport ourselves in a manner that would bring us no shame, no dishonor and no scandal to our city and gentlemen, in a large measure we have succeeded. We have established a tradition of helpful courteous service that is unsurpassed anywhere and denied to none of the citizens fortunate enough to live here. "You all know of our unselfish deeds that go beyond the mere requirements of our jobs, the extra measure of good will that makes us clean up a place to the Nth degree, to see that the owners have all that is necessary and do all we can to see that they get what they lack in time of need. We are the best trained fire units in this entire County in our opinion, thanks to the aggressive leadership and spirited cooperation by all the men in the ranks. We prove this in all our inter-city drills by being the firstest with the mostest, the sharpest and happiest group. But this is changing. We are suffering from lapses and we are having a serious drop 6-16-70 -lB- out problem. The morale of the group is extremely low and men - good men - are, in their dissatisfaction seeking employment elsewhere. When we look around for the reasons of our discontent, the destroyer of our morale, what do we find and whom do we blame. We say, can we blame the Captain, is he the cruel monster pushing us beyond our endurance. No, he is doing his job and doing it well. Well, how about the Chief. Is he the culprit? Is he the one who makes us work so hard for so less money than any other fireman in the surrounding communities. No, the Chief has made this Department. He has run it as astutely as humanly possible and even he is beset by our complaints... Not enough to meet the necessities let alone enough to set the. pace. So we look beyond the Chief and we find the upper level of administration, I the controllers and the purveyers of the funds. Are these the people to blame. Are they swayed by facts, by the fact that all Departments are at a minimum or below average. Can a body of men appointed and elected by their peers come before them with facts, percentages and statistics by the ream to show us below average and show almost every item of benefit. Can they sway the judgment of these men. So far, we have been almost totally unsuccessful. "What happened to the care and honest concern of the plight of their fellow man. Why must adjustments always be made in such a grudging manner, almost as if they did not deserve to be rewarded as well as the other people who do the same job and take the same risk. Other Cities ahead of us including us in their comparison dread the fact. They say we are a millstone around their necks dragging them down because we are on rock bottom. How do you think that makes us feel. Or to attend a convention far north of here and have someone look at you with pity and say 'Arcadia, aren't you the guys that gave up their bed sheets and take their own trash to the dump so they would cut your hours' and they laugh. Oh, how they laugh. This is a reputation that this penny pinching is giving to our Queen. How can we hold up our head. We can barely see daylight from way down here. We were happy when several years ago a trained facility was funded. Do you know that we have no adequate place to drill. We have to haunt the dead end streets and the like to drill and then we have to be careful with our water lest we damage somebody's property and our reputation. "Our Chief is a very honorable man, not given to temper and is fair in all of'his dealings with his men as is possible for him to be. He hones,tly budgets this department and even then is ultra conservative. He knows better than any man in this City what is required to run the department. Yet this year's budget cuts are leaving him almost helpless to do his job and to execute his responsibilities. New helmets are on the market far. superior to anything we have ever known and offered to us at a good reasonable price as an introductory sale. Guess what. We are only going to get half of the required number. Why, gentlemen, why? Is our safety so unimportant. I wonder who is going to pick the men who are to be adequately protected, the half of the group that is to be I rewarded. On what premise is it to be established who is going to have the roof fall on him or some such hazard that we are all subject to... Is a Captain more valuable than a Hoseman. Would you like to be the one to tell a family that their provider has been disabled or killed because he was not one of the chosen. All of our safety equipment needs re- evaluation. Our coats are becoming ragged and unsafe and so on, but this, this is almost too much. Perhaps you can help us and make uS all as safe as possible. "The budget does not allow for short manpower. The records show that over 50% of last year we were undermanned and ran short at least one man and sometimes more. During this period there were pay backs owed to the City but due to the hours cut of last January they are no longer a buffer and yet the budget is just as short. Do you realize that under this circumstance you are being in a large part .protected by a three man company in the north and western portions of this city. If we have to leave one man with an inhalator at a call and respond to a fire we have 6-16-70 -lC-' no one and I mean no one to lay a line, connect to a hydrant or lead in to suppress a fire. This is a terrible situation and the citizens deserve more in our opinion. If the American Insurance Association and people responsible for grading the City for fire protection on which your insurance rates are predicated, came here to reevaluate us at this time, in light of the fact that we have no training facilities and no manpower, we would most likely be downgraded and at the expense of every businessman and citizen of this community. It makes sense that it is less expensive to provide the funds for adequate manpower at least than to face this real jeopardy. 1 "We in the fire force realize it is not our place or our responsibility to dictate policy and this is not our intent. We only wish to apprise you of the true situation, the conditions under which we are forced to try to fulfill our responsibilities and we know that when you realize these conditions exist that you will abate them for the good of the community. There are more items and we could go on ad infinitum and ad nauseam, but we think you get the general picture. A picture of the department's frustration and the key to the lowering morale. We feel like an undeserving appendage tolerated as a necessity but just barely. We feel collective bargaining is the best way to settle an issue. It has come down to almost collective begging, to borrow a phrase, and we will go no lower. ..an explosion seems iminent. From the fallout of adverse publicity, that we have shunned up to now, from the ill feeling and in order to pro- tect ourselves and to gain an honorable equity within the fire service will next come unionization and whatever other measures will be required for uS to rise up again to face the sun and walk among men proud, proud to be sworn to the fealty of a kind and gracious Queen. No longer will we be content with scraps and bits that fall or are thrown to us. We wish just this once to be fed from a clean plate by an open hand from our Queen. I "So tell us gentlemen, are we to go on believing that you are honorable men who care about their constituents. Are you still prepared to honor the agreement made last year and embodied in the Memorandum of Under- standing, that we shall be made equal to the sixteen cities in the survey, and to cut our hours if the survey shows that we have reached that predetermined point. I'hope you realize that we have tried mightily to be honest and reasonable in our demands, and that the sixteen cities in the survey were picked by the City Administrator, and that almost everyone of them were below the prevailing average on a county wide basis. We accepted this fact, and now they want to change even this; because one city is contracting service, they want it eliminated, since the employees of this city are making more money than under the original regime. They also want to change the base salary by including an educational benefit and a stability benefit. This is so clearly chicanery and manipulation that we are amazed they had the nerve to try it. Well, we are here to publicly denounce this practice and to ask you gentlemen to honor the agreement, just this once, as it was originally established, without alteration and without dilution. We are far enough behind now without any attempts to further the gap. We come seeking fairness and justice and we feel we are long overdue on both counts. We leave it in your hands - what do you say? Thank you." Jerry Broadwell, 3737 Main Street, Baldwin Park. Fire Department. "I would like to discuss the system the City uses for determining the salary wages for the fire department in other City Departments in this area. The sixteen city survey that the City uses represents about ten per cent of the firemen in the Los Angeles County area. It does not represent the prevailing wage for firemen in the County. We recently finished a survey on over seventy cities in this County. The average is substantially different. For instance, the Countywide survey showed the average wage - the prevailing wage for a fire captain - to be $1292 per month. The average of the sixteen cities that we use show the average salary to be $1097 - $200 per month difference. The seventy city survey also showed eighty per cent of the firemen in this County work a 56 hour week - we work a 60 hour week. A Captain in our depart- ment works three extra weeks in a year for more than three months less pay a year. This survey Countywide also showed there was only one City in the entire Los Angeles area that made less money and pay their firemen -lD- 6-16-70 less money than you pay us. Were very close behind us. This City was Huntington Park. They This situation we don't appreciate. "We have tried to negotiate with management for several years in the past. Once in awhile we thought we made a good bargain with you and later on, after July 1st, we found that our averages dropped below even our standing prior to July 1st last year. Right now we are on the bottom of the list of a sixteen City survey, we are on the bottom of the list in the Los Angeles County area. Of over 8000 firemen surveyed, only 200 firemen, rank for rank in the entire county, that make less money than we do. We have asked to have some fringe areas brought up to date with other cities in the Los Angeles County area and we can't even get a group to listen to us. Last year we settled with Mr. Cozad before July 1st and things looked pretty good. We got a 7~% increase. The average increase throughout the sixteen cities turned out to be better than 7~%. We ended up in a worse position than we had prior to our negotiations. His projections were not accurate. It is only human that these discrepancies may occur. This year we offered a method of implementing a more accurate and sure way of settling this problem giving us exactly what we agreed, the intent of the memorandum was to keep us average. We would not ask any more and we would not have to take any less. We asked that a contingency account be established whereby after July 1st, if the projections were not accurate, this discrepancy would be made up retroactive back to July 1st. It is only fair we do. After July 1st if we find that our projections were accurate and they very well could be, then this might be put back in the general fund and nobody need know it was earmarked for it, It was a very simple matter we feel unless there are complica- tions we don't know about. We asked that our firemen specialist be paid a flat rate of five per cent in addition to his firemen wages. We can't even get an audience. We contracted Los Angeles County Fire Protection District on the weed abatement problem. Now these people come in, - a fireman specialist comes in to our fire station. He discusses matters of weed abatement with our Batallion Chief, Robert Dick, head of our fire prevention bureau. He gets notification of problem areas in our city.That fireman specialist goes out and he abates this and this crew gets to work on these weed troubles. Right now this Fireman Specialist from the Los Angeles County Fire Protection District makes $57 more a month than our Batallion Chief in charge of our fire prevention office. This is a situation I don't see where the courage comes from to pay our Batallion Chief this kind of wages. I really don't. 1 "Last year we signed a memorandum with the City of Arcadia. Less than a year after we signed this memorandum it seems to have lost a lot of its intent. Gentlemen, no matter how you look at it, the intent of that memorandum was to keep us average in the sixteen cities chosen by you, the administration people in this City. If you don't keep with the intent, how can we ever bargain with you. How can we hold your statements in faith. We, the firemen of Arcadia, are expected to present credential at least equal and in many many cases, in most cases, superior to creden tials required of the average fireman in Los Angeles County. Our Captai for instance. have to have the equivalent of a teaching credential in th Junior college system. He has to be eligible if he applies for it he ca get it, - any Captain in our department can teach in college, junior college, right now. He also has to have an up to date first aid instructors card. He also has to have a formal education. He is required and is one of the very few Captains in the county that is required to have a college educa- tion, a formal education. Still he is the worse paid Captain in the entire County of Los Angeles. There is no City that undercuts his salary any- where in the County of Los Angeles. If the City expects the kind of service the Arcadia Fire Department provides in the future, no way will we accept this type wages again. We are not going to accept - period. We don't know what action we can take. We canno~ communicate with city management or offices of the City Manager ...somehow we are going to have to decide a way to get to it...So to relay some of the future plans of 6-16-70 -lE- I the Arcadia Firemens Relief Association, we intend in 1971 to contract with professional campaign managers. We intend to take an issue to the people of the City of Arcadia if we can in 1971. If we can't, then in 1972 and maybe 1973. We are going to attempt to have the City of Arcadia set a base on how low you can pay the City of Arcadia Fire Department. We feel if the City administrators can never again cut our wages more than five per cent below the prevailing wage, we will be happy. We don't want to ever settle for top wages. Never again are we ever going to accept bottom wages. We have always been cooperative with city management. We have never arose in arms...we have never stood before you in this Council Chamber. We have always tried to meet with you on your grounds, we accepted your Cities. All we ask is don't screw us on salary right now. We are in a position where we can't stand it, we canlt afford it, we don't deserve it. I thank you." David Wilson, 1610 South Tenth Avenue, Arcadia. Fire Department. "Gentlemen, all I have to say is I agree with the other members of this committee and I want to assure you that the membership of the Arcadia Re lief Association is behind it 100%. Thank you." Dorsey Caldwell. "Gentlemen, the Fire Department thanks you for your attention. This concludes our remarks and we hope this information will enable you to discuss this among yourselves and advise the City management and we hope to be hearing from you so we can get an agree- ment. Thank you." Mayor Butterworth: "I think you can hear in part from us right now. We had no idea of course what presentation you were going to make and obviously no one on the Council has been a part of any negotiating team and we are obviously not prepared to make the dramatic presentation that you made although I am sure you made it in good faith. But perhaps there are one or two matters that we should clear up. First of all, Mr. Cozad and Mr. Francis have the confidence of this City Council. It is the elected representative of the people. Secondly, we have been in touch with Mr. Francis and Mr. Cozad during these negotiations and if you feel there has been bad faith or you feel that there has been a culprit as you want to express it, you are talking about the wrong people. These gentlemen have had instruction from Council and we are the ones that you must look to if you feel there has been a breach of an agreement and I would not want any mistake on that matter. They have acted as our agents and we will assume responsibility for those negotia- tions which we have been aware of. I "Now on the matter of Ell and stability pay. I don't want to prej udge the brochure which you have handed to us. All of us will read it. We will consider it. But it is at least the present thinking of the Council and I think you should be aware of that, that Ell and stability pay is part of compensation, and frankly we are unable to understand how it could reasonably be assumed to be anything else other than compensation. Deductions are taken from it on social secur~ty,...frorn internal revenue. Under what type of reasoning this would not be part of compensation we can't follow. "Now on the matter of safety equipment. You gentlemen are entitled to have the best in safety equipment and I don't think there is a man on this Council who is not going to go along on that situation. We are not aware of any dereliction in the area of safety and I can assure you this will be high on our list of immediate consideration. We don't want anything but top safety and we can afford to give you that safety. So far as your attitude toward the city is concerned, we would like to have a good espirit de corps and we want to do anything within reason. We agree that you are a top flight fire department. There has never been any question in our minds about that. We agree further that we are 6-16-70 -IF- obligated to honor commitments which We make. There is no question about that. And I assure you that this Council will honor agreements but I think the statement that We have failed to honor agreements or we would readily breach agreements is a rather broad conclusion, but, nevertheless you have made the statement. That will receive most serious consideration. If there has been any breach of agreement, it will be remedied and we want you gentlemen to be in a position where you are able to rely on us, but again I want to, and I could not stress it too strongly, that Mr. Cozad and Mr. Francis are an arm of the City Council and they represent our thinking, and to accuse them of misconduct is unwarranted and unreasonable. I mean if you have charges to make you make those charges to the elected representatives of the city. 1 "Now you say that no one will listen to you. We have other information. I mean the information that we have is that our negotiators met with the Fire Department on April 13, May 19, May 25, June 2, June 10 and June 11. Now I don't feel the statement that you are unable to communicate with the administrators is one that is supported by fact and I am sure that if you want to meet tomorrow or if you want to meet the next day the administration will meet with you. You suggested that you want to take this matter to the people and I am not certain that I don't agree with you on that matter. An increase in wage demands by the Firemen's Relief AssociatiD n, the Police Relief Association, by the Union and by the City Employee's Association, is somewhere between $200,000 and $225,000. This is just this year's increase and converting that to a tax rate that is almost 20~ on the tax rate. Our Charter Section 1209 provides that the constitutional limitation of this Council is $1.30. We do not have charter authority to levy a tax in excess of that and were we to convert just this year's increase to the tax rate it would raise our tax rate from $1.05 to $1.25 and put us within 59 of our constitutional limitation. Now obviously, we are not going to put this whole thing on our tax bill. We have other sources of revenue but I would hope that the City would understand and that you people would understand - that ultimately we may very well have to go to the city because we are reaching the end of the line of our capacity to raise revenue. We are not the County of Los Angeles and we are not the City of Los Angeles and we are not the State of California. We don't have the tax base...we do not have the sources of revenue in this city and if money is the sole consideration, then I think you are going to have to give some thought to working for the County of Los Angeles, as much as we would like to keep you here. "Let's maintain order in this Council. We listened to you courteously without interruption. You do the same thing for us. Now, I hope that we can resolve this. You cannot imagine how much this council wants to resolve it. You can't imagine how difficult this is for us and I hope you will bear in mind this is not a Board of Directors of a Corporation with large stock interests where it is money out of our pocket. It isn't money out of our pocket. Certainly you have enough understanding to know that we are trying to represent the people of 1 this community and we are trying to do it as best We can... we are' trying to be fair to them as we are trying to be fair to you and it isn't an easy job to do but we are doing our best and we are trying to do it in good faith. We will read your memorandum - we will read it carefully. We will make a very serious effort to make corrections if they are warranted...Now I have talked longer than I intended. Is there any member of the Council who wishes to speak to this matter." Councilman Helms. "I would just like to comment that I think we all have a very high and personal regard for each of the Firemen who spoke here tonight and for all the people that they represent. We will do all we can to consider the statements they made here tonight and the documentation they have supplied in addition to that of our staff. Beyond that we cannot go." 6-16-70 -lG- ", , , I Councilman Considine. "I think I would have to agree with . Councilman Helms. I think in every instance we have found our fire,' police and employees of all types to be outstanding. However, we are in a peculiar position. While we are trying to raise salaries within the city we find that in industry people are being laid off. There were 67,000 people laid off in the County alone for just aircraft. Military layoff is going to add to that. People are taking cuts in pay in the aircraft industry as much as $8,000 a year. And these people and particularly the executives and the junior executives of the aircraft company are a good portion of our community. It is going to be difficult to justify to them the increases that were requested by the employee groups in the face of their layoffs and their reduction in pay. I think we must consider also that even through the tough times we try to maintain our salary levels for the employees whereas were we a corporate business perhaps we would not be able to do the same as has been demonstrated by the various aircraft companies in the area. We all know the problems that are facing them and the problems that exist in other cities and certainly the people who have to pay the taxes to support these increases must have equal consideration with the iner eased demands." Councilman Arth. "The only thing I might add and I tend to concur with the other gentlemen, but it is to emphasize the fact that I feel very strongly that the so-called fringe benefits are a part of salary and I think if any of you gentlemen will look at it from the standpoint that if you aSSume that a man from Monrovia and let's say you are both making $900 a month and he is getting another $50 in other types of benefits but the cash that he takes home at the end of each month, you would say I am getting $50 less than he is - and you would come to us and ask - so I feel on this basis, I feel quite strongly, that we try to look at the whole package that the other cities are getting and what we are paying here too. I think this is very legitimate and I think average when you get down to it, it is something almost inevitable in anything of this type. You can't just get away from some averaging to come to common grounds on pay scaLes." Mayor Butterworth: that you would like you. II "All right gent lemen, is there anything further to say. If so, we would be very pleased to hear Mr. Povero: "Gentlemen, I would like to make a few replies primarily and principally directed at Mayor Butterworth in regard to the statements you made. Firstly, the first statement we take exception to is the charge of allegations. We made no allegations. We charged no one with any breaches of any contract or any trust or anything. We say that if you do not honor this memorandum then you will be guilty of such a breach. We are not leveling any allegation against anyone at this time, Mr. Cozad, Mr. Francis or anyone. I Mayor Butterworth: "Thank you for the clarification, I appreciate that." Mr. Pavero: llSecond 1y, you said th at tomorrow we COli Id have a meet ing if we so desired. I meet every day with my kids and I still don't get through to them. This is our basic problem. They have their considera- tions and their ideas on what is proper. We have our ideas of what is proper and there just doesn't seem to be a time or a place at this time where we can come together at a meeting place...an agreement. That is why we came to you gentlemen tonight because you are the only control that is appointed over the City Administrator. You are the only people we can appeal to. We come here in good faith. We come here seeking an understanding, not demanding or not cajolling, but we presented our facts in as reasonable a manner as possible and we hoped that you would under- stand our situation and the desperateness that we do feel in the Fire Department. We are very dissatisfied and very unhappy. This is not just 6-16-70 -lH- the rank and file. This is the administrators of our department. As far as we can evaluate the situation this goes for all the officers and all the men. All right, another statement that you made Mr. Mayor was our wage demands. We are not demanding anything. All we are asking is that you recognize the value of the Memorandum of Understanding and let us realize that you are going to go along with the limits of its commitments. That is all we ask. We are not asking or demanding any- thing above that in the area of wages...Then you said something about the constitutional limits of $1.30 and that you are really trying hard to make the employees of the City of Arcadia well paid, etc., but in the face of rising prices and in the face of rising costs you are holding to $1.05 tax rate. We seriously think you are to be commended for this but not at our expense. We don't want this. If it has to go I to $1.10, go to $1.10. We have many men on the Fire Department that pay taxes. They don't object to $1,10. The time has come gentlemen ' for some real serious thinking about where this thing is headed. "You said something about the benefits Mr. Arth, and you said definitely the things that we received should be considered as a part of our salary. I disagree. The department disagreed and this is the way we disagree. Certainly these benefits are money and Some are paid directly to us in revenue and some paid indirectly to us as is our partial insurance pay- ments, etc. But these things are not a part of the base salary. This i~ the contention and this is the difference we have with the City Administrator. They are not a part of the base salary. When you advertise for a fireman these things are not considered in that base salary. When we consider benefits, if you want to consider benefits, we can give you a whole ream of statistics and you are going to get them to show where we actually are in the benefit picture. We are at the bottom of the pile. People are much better benefited than we are in every Fire Department in the County of Los Angeles. We are right on rock bottom. That is why we are here. We are ashamed. We feel bad. We want you to know we feel bad - that is why We are here. So that is all I have to say about where we are and why we are here and I wish you gentlemen would take the spirit of this thing as it really is intended. ..to consider rationally and reasonably what we are asking. We are not demanding, that you just honor the agree- ment, and we feel that you are going to, but now that you have the facts we honestly feel you are going to. We are not coming over here and accusing you and telling you you aren't going to do it. We feel you are going to do it. We just want everybody to know what the situation is, because when the things happen that are going to have to happen in order for us to gain our equity, then we don't want everybody to say gee what a great big surprise the Fire Department just jumped out all of a sudden. We are not jumping out all of a sudden. We have been creeping along on our stomachs long enough. It is getting boring down here. We want to get up where the fresh air is. Thank you. II Mayor Butterworth: "Thank you Mr, Povero. I think Council has expressed itself on this matter and we will read the memorandum and consider the matter further. Now, is there any other of the employee associations thai would like to come forward at.this time and make a presentation to the council." '. Wilma Johnson. 52 E. Woodruff Avenue, Arcadia. "1 represent the Arcadia City Employees Association. To answer some of the remarks made by Council, the Arcadia City Employees Association has had many suggestions on how savings could be made which could be used for salary. Also, We know that We are a Charter City and that there have been bills out that will be presented to adopt a utility tax. If you don't do so, you are very anxious to do so. We know that will bring in more revenue...plus the fact also, if I am not mistaken, property tax is approximately one-fourth of the revenue that the City receives, so we can fall on that. As far as the aircraft industry is concerned, we realize that they are having a hard time right at the present time, but we have agreed upon the sixteen cities as being more comparable to the type of work that we are in than any other. Our 6-16-70 -11- Association feels that stability payments being brought in as salary for the first time is unfair. It has never been done before. Our request that none of the association members shall receive less than 1.25% below the average of the sixteen management selected cities for their position. If it is found that any position is below .this level, this position should be increased to reflect a place of not more than 1.25% below the average, or we are willing to say, slightly below average. We do not feel that even this is entirely fair to many of our members. I "We have been waiting for three years to receive the average salary of the comparable cities. We have been given one reason after another for waiting. We have had a clerical survey last year and we stayed even further behind last year than we were the previous year. For the first time we are told that stability pay is not a fringe benefit and is really a part of our salary that is ~d for us by the city and given to us in December. This is the reason we are told that our salary is lower than the average of the sixteen comparable cities. Stability pay is now to be considered to be salary for everyone whether they receive it or not. This means trn t all employees working less than 5~ years, 5~ years is because if you start working in January, you wait six years before you receive it. So starting in December, it is 5 years, but averages out 5~. All employees working less than 5~ years must receive much lower than average salaries in order to help pay for the stability pay for those with five to six years of service and-up - category. Those with five to six years of service and up category are now told that they must stay below average salarywise as stability pay now means that management saves up part of your salary to give in a lump sum in December. How this can be considered advantageous is beyond our reason- ing. How stability pay ranging from nothing to $325 a year can be averaged in as benefits for everyone whether they receive it or not is incomprehensible. I "When stability pay was initiated in 1962 a memorandum from the City Manager's office dated June 22, 1962, stated'this factor is intended to encourage stability of employment by recognizing years of service~ This plan provides for a separate recognition for length of service to encourage employees to remain with the City. Any cost of compensating this stability is more than offset by savings in turn-over costs.' Now our personnel director states stability pay is a part of salary, it is not separate. Stability pay is not paid on a pro rated basis. If a person retires or terminates for any reason prior to December 31st, he receives no credit for that year for stability pay. Retirement, social security and PERS payments are not made on stability pay. It is quite obvious that this pay has never been considered a part of salary before. The City benefits to the extent that, when properly administered, stability pay encourages employees to stay and their extra knowledge from working within the framewortk of the City is passed on in their everyday work and is a definite asset to the City of Arcadia. We also note that unused sick leave, the limits for sick leave ---we have 90 days. All others have none except for two which have 120 days and one of those receive 25% pay, so we are at the very lowest of all of them. Our holidays, we are at the very bottom of the barrel again. I will give you copies to show where we are. On vacation, our employees who have been with the City the longest, are at the very bottom - 15 days - the very lowest. Not one of the Cities are that low. I have given Mr. Francis and Mr. Cozad copies of this and I hand copies to the City Clerk to be placed on the record. Thank you." Mayor Butterworth. "Thank you Mrs. Johnson." Richard Mauch, 2500 S. Santa Anita, Arcadia. Police Department. III am a police officer and this year I am the President of our Police Relief Association. Mayor Butterworth, members of the Arcadia City Council, Mr. Cozad, Mr. Francis, ladies and gentlemen. I am here tonight as the President of our association, to present a gentleman, a prominent Los Angeles attorney who is assisting us in our wage -lJ- 6-16-70 negotiations with the City of Arcadia. At this time I would like to present this gentleman to you, he is going to offer you a few thoughts on what has taken place since May 13th as to our position, and I assure you, the position of the members of our Association. At this time I would like to present Ronald L. Leibow, an attorney of Los Angeles who is the next speaker. Thank you." Ronald Leibow, 6404 Wilshire Boulevard, Los Angeles. "The Arcadia Police Relief Association has requested me to assist it this year in its negotiations with the City Manager and his agents with regard to salaries and other beaefits of employmeat for police officers in I this City. As a result of my representation I have met with both Mr. Cozad and Mr. Francis on a number of occasions over the past two months. As a result of our many meetings, I believe that both the Police Association, as well as the City, has presented their positions quite clearly. I believe each of you geatlemea has received previously the lengthy document which we refer to as our presentation regardiag our suggestions for salaries and other employee benefits for the comiag year. liThe City on one occasion submitted to us a two page letter indicating its position and even though the Police Relief Association has indicated its willingness to modify its position as originally presented, the City has largely not modified its position except to the extent that it is agreed to make one adjustment in overtime, or in the alternative, to add one or two holidays for senior members of the department. Thus, the City has recommended basically a 7~% increase for all members of the Police Depart- ment. It is our position that 5~% or 5% of that figure is taken up in a cost of living adjustment based on the increase in cost of living in the past year, so in essence the City is recommending an increase of about 2~% effectively over the past payments. We find that percentages very often do not reflect the actual facts. If in the past the City's position among police departments in Southern California and especially in Los Angeles County was comparable, then a cost of living adjustment'alone would probably be sufficient. However, as we have tried to indicate to the City, we do not believe that that is the case. We do not bel~ve that the Arcadia Police Relief Association and all of the officers in the City of Arcadia are being paid the comparable wage to police offices in Los Angeles County. Mayor Butterworth: "You are speaking now just for the County of Los Angeles." Ronald Leibow: "The County of Los Angeles, no, all agencies within the County of Los Angeles. There are approximately 72 or 73 police agencies ia this Couaty. The facts are that we believe we are at the patrolmaa or police officer rank at the present time - $75 low ...$75 in addition to our present pay would just bring us up to the 69-70 standards for many of these Cities. It would still be low for the III -71 standard. Mayor Butterworth: "Is this for a policemanll. I Ronald Leibow: "This is for the rank of policeman or patrolman. Yes, that is correct Mr. Mayor. I do not feel unless it is the desire of the Council, to go into any lengthy discussion of the' actual dollars paid to the various agencies but I would point out as one example which is of most recent viatage. The City of Torrance last Friday, after negotiations and subsequent mediation, arrived at salary and other employ- ment benefit increases for the 70-71 fiscal year, and I would just like to briefly indicate to you what those figures are as an indication as to what is happening in some of the cities other than larger agencies such as the County and City of Los Angeles. For policeman at the third step which would be the highest step under their system, the pay is $989 per month. Keep in mind that the pay proposed by the City for police officers is $942. After five years a policeman would receive $1037. In addition 6-16-70 - lK- ,'~'. : ... 'w~'.l to these figures, if an officer has reached some of the P.O.S.T. certifications, intermediate and advanced certifications which are similar to the same requirements of the City of Arcama in its Ell program, a policeman could receive as much as $1207 per month. In addition to that, if he is under the Ell program, he receives longevity or stability pay of 2.5 or 7.5% above his base pay based on the number of years of service. This is a policeman. Keep in mind that the City of Arcadia if you put together all of the benefits... salary benefits, Ell and stability benefits...would be $207 below that figure. I Council.k",n Helms. "May I ask a question. Will you tell us again which city it is that is paying this." Ronald Leibow: "The City of Torrance as of July 1, 1970. I am just using this as an example. I could go into the other ranks and indicate briefly that a Sergeant could make as much as $1516 per month under Ell and also a longevity benefit of 7.5, 2.5 to 7.5 in addition to that based on length of service. A Lieutenant under the same scheme would be making $1570 per month plus other stability payments and a captain $1713 per month. These are figures which are for one City and we do not propose that Arcadia reach that level this year. We do want to point out however, that the city has made - or the administration has made - great copy of the fact that we are attempting to compare ourselves with some of the larger agencies. We recognize that the City and County of Los Angeles are large agencies. In fact those two agencies represent 80% of the police force in Los Angeles County and we believe that because 80% of the policemen in this County are getting certain levels of pay so should Arcadia police officers who are providing the same service to the residents and the citizens of Arcadia as the officers in those juris- dictions are to those constituents. I would also point out to you just so that we don't misunderstand each other, that the benefits I have referred to for the City of Torrance as an example, are merely salary, Ell and stability benefits. In addition to that, the City of Torrance, as an example, last year adopted the CHP retirement plan, several years ago adopted the half continuance plan under the PERS program. There is a paid sick leave program that was adopted this year and in addition to all of that an extra holiday was adopted for police officers in that city. I "So what we have suggested both to the City Manager and to the Personnel Director is that if in fact we have gotten to the point that we just can't agree, we agree that we disagree, then let us bring in if necessary, if that is the way we need to do it, a third party, for the purpose of mediating or at least assisting us in what I would classify as our dispute. We suggested this in good faith. We don't believe that the City at the present time has indicated to us an unwillingness to do what it thinks is right. We think the city's position in the city's mind is a one well thought out. The problem is that it doesn't correspond with what we think is appropriate. In other words we don't agree. We therefore believe that the next step has to be approached and we would recommend very strongly to this honorable body that mediation or some other third party procedure be adopted so that we can work with an independent agent to determine whether or not the requests the police association have made are within the scope of propriety. We believe they are. We believe we can convince any agency that they are. However, we know how busy the Council is and how difficult it would be for the five of you to sit in on all of our negotiation meetings. We believe that an independent mediator would be able to assist you very well in that regard. This is our presentation this evening. We are not here yet,and I hope we will never have to come before you to argue)in loud language, as we believe some cities have had to do in the past, the disagreement and in some cases the lack of good faith on the part of city management. We don't believe we have got to that point yet. We want to accelerate if we can 6-16-70 -lL- this entire process so that the next time we come before you it is with a memorandum of understanding executed by the parties or in the alternative they would appoint a fact finder or mediator indicating what he believes should be the facts and what the City Council should do. That is our presentation tonight. We hope we do not have to make any stronger presentation in the future. Thank you gent lemen." Councilman Helms: "May I make one observation Mr. Mayor. I would like to point out that the Council is not too busy to consider this matter as has been intimated. The Council deals through its City Manager and Personnel Director just as the Association deals through you. But for your information and my rough calculation the Council has spent at least six hours in concentrated study of these proposals as they have progressed through. The Council is not too busy to consider this and we intend to.continue to consider it as it is our duty and obligation." I Mayor Butterworth: "I think it was your suggestion that insofar as the details of bargaining were concerned, it would not be meet for the Council to do that and I agree. We are not a negotiating body and that is why we have assigned the responsibility to men in whom we have confidence...Now I hear what you say and you have said it very well and we appreciate that and those facts will be considered. I think that perhaps something should be said about the facts as we understand them. "So far as the policeman is concerned he was given a 10% increase last year. The City is recommending a 7~% increase this year - for a total of l7~% increase for a policeman over a two year period - certainly an increase that is in excess of any increase in the c09t of living. Last year a Sergeant obtained a 10% increase and again is recommended for a 7~% increase this year...a total of 17~% over a two year period. We are advised that a policeman, for instance, with Ell, is the second highest paid police officer among the 16 Cities surveyed, and with five years on the department, that is, with his stability pay, he is the highest paid among all of the 16 cities at $948 per month...only an Alhambra policeman with a BA receives $15 per month more. So far as the Sergeant is concerned, with Ell he is the third highest paid among the 16 cities. He is at $1064, and with stability pay he still remains at third position - at $1084. All Sergeants receive Ell pay and average stability pay is $21. While I am at it and just to complete the figures, last year the firemen received 7~%. They are recommended this year for another 7~% - or a total of 15% over a two year period. Last year an engineer received a 7~% increase. This year the City recommends a 10% increase for the engineer. Last year an Inspector in the Fire Department also received a 7~% increase and this year the City is recommending a 12~% increase for a total of a 20% increase in compensation over a two year period. Last year, a Captain received 7~%. I might say, as I understand it, going back to the Inspector, 7~% last year and we recommend an I additional l2~% this year. The Fire Association feels that 20% is prope Last year a Captain received a 7~% increase. Our City this year recomme a 10% increase...The Fire Department feels a 12~% increase is appropriat The Battalion Chief received a 7~% increase last year...the City this ye recommends a 10% increase or a total of 17~% over the two year period which are increases that seem to exceed certainly any cost of living increase during that period of time. However, these are not conclusive and again we appreciate the manner in which this has been presented and it will receive our consideration. Now, is there another representative here that wishes to make a presentation." Russell Fish, 11118 Daineswood Drive, Arcadia. "I am representing AFME 606C Local. Mr. Mayor and Councilmen, I will be very brief. All I am asking you is for your support as representatives of the people of Arcadia for a decent income for the people that work for the City of Arcadia just as the people of the City of Arcadia would want for their families. Thank you." 6-16-70 -lM- Mayor Butterworth: "Thank you. We will stand in recess for five minutes at this time.1I COUNCIL RECONVENED. I Mayor Butterworth: "Ladies and Gent lemen, the City Counci 1 will resume session at this time. We are now on the matter of our tentative budget. We have heard the presentations'in connection with the salaries. Is there anyone else in the audience now that would care to address the City Council on any matter pertaining to the budget for 1970-71. If so would they please come forward at this time. This is the time and place to be heard on the matter of Our budget. Would you please state your name and address, please." I Donald Tyre, 2122 Bella Vista, Arcadia. "As not only an employee of the City but also as a taxpayer, please allow me to share some personal thoughts with Council. It is my feeling that recently the morale and efficiency of the Fire Department has reached an all time low. By the administration's own admission we are underpaid. We have no drill tower in which to train. It is my understanding that construction of this much needed facility has been approved for almost five years but the appropriations needed have been pushed aside each year. Citizens have called and complained of our drilling On the streets in their neighborhood. One complainant is reported to have said 'these are $60,000 homes in this neighborhood go somewhere ~lse.' Our training budget is almost non existent. I understand that On occasion we share the cost of a training film with other Cities. the philosophy here seems to be half a loaf is better than none. The proud peacock city swallows its pride each year and borrows pumper testing facilities from the City of Monrovia; The apparatus to which t am assigned has been without some essential emergency equipment for some time. I am told that this is due to the fact that ther e is no money for replacement until after July 1st, if then. We have had unfilled vacancies and delayed appointments. Almost 50% of the time last year we were undermanned. I invite you to check the duty roster for as recently as June 6 of this year. Statistics prove that the loss of one man from a four man engine company reduces the efficiency of that company over 50%. The residents of this City are being furnished One half of a fire department due I feel to the most part, to the overly conservative fiscal policies of their elected and appointed officials. I Was given the opportunity to work overtime for one of our association members tonight and when I asked out of it, they said'fine we can hire firemen at lower pay.' Gentlemen, a fire department is not an abstract ~ntity. A fire department is made up of real people. Intelligent human beings with real desires and real requirements doing a vital job to the best of their ability. The fact of the matter is that Arcadians are getting from their ,fire department more than a day's work for less than a day's wages. Working conditions and remunerations have reached the near ridiculous. I implore you to take some positive action to improve the aforementioned conditions and prevent a potential explosive political confrontation, the impact of which would be felt for years throughout every city in the San Gabriel Valley. Thank you." Councilman Considine: lIMay we ask Mr. Tyre to come back please." Mayor Butterworth: "Could we ask you a question please Mr. Tyre." Councilman Considine: things on your rig for been done.1I "I would example, like to know what are the specific that you say need doing that have not 6-16-70 -IN- Mr. Tyre: "We need a wand for our explosive meter. Are you conversant with this - if there is anyone here from the gas company they know what it is and we also are without some large bolt cutters with which We can extract people from wrecks, Mayor Butterworth: "You call it a wand". Mr. Tyre: W-A-N-D. All it is primarily is a basic aluminum tube. I took it upon myself to call and I believe the price is under $5. I have at one time purchased out of my own pocket as other men have, various equipment for the rigs. I recently purchased a little razor blade knife to cut our plastic with which we cover people's roof if they're leaking or if there is a fire that destroys a roof - no big deal. I did not ask for reimbursement because it was only 98~ and tax but it is better to do it that way than to be told to wait until July 1st. I Mayor Butterworth: "I sort of gathered when you said your equipment was absent some apparatus we were talking about some very substantial expenditure of a good number of thousand of dollars. A wand the way you describe it is certainly almost minor isn't it in expenditure. Well, surely you don't assign this as part of the economy program of the city do you. Have these matters been brought to the attention of whoever you report to and in turn brought to the attention of the Chief and the City Manager." Mr. Tyre: "Mr. Mayor, you asked me a number of questions here and I don't know if I can anSWer them all with one answer. I believe to quote Shakes- peare "there lies the rub". You have to understand that if we budget so much money for hose, equipment and things like that throughout the course of the year, if we exhaust this money then where do we get the money to replace these various and sundry items. Granted perhaps I am being a little too dramatic. There may not be a situation between now and July 1st in which we will have to send a man into a manhole or something to examine the explosive nature of a certain atmosphere, but then again there may. And here again there may be a situation, there may not be a situation I should say between now and July 1st in which we will be called upon to manually cut some sort of a large piece of metal. And here again if I have seemed to be a little too dramatic you will have to forgive me, but I believe basically the analogy I am trying to draw here is to impress upon you gentlemen the fact that, well the reason I even alluded to even this $2 or $3 difference, the man who is working for one of our representatives here tonight came in second on the engineers exam, subsequently he was called into replace this man and paid overtime at a fireman's wage, whereas me being an engineer they would have to pay me engineer's rate. The difference in the three or four hours is what would you say $3 or $4 or $5 but this seems to be the predominant thinking and if you take that as an accusation, please don't. Because I do~'t mean to say that. It is just I that you heard our presentation, the members of the Fire Departmen~s presentation, and all I am trying to do - here again as an employee and as a taxpayer, is to draw some analogy is to tell you that we are there, we are where it's at and we know what is happening and I can't help but believe that the reason for our lowering morale and our lowering efficiency has to do with, as I said and pointed out in my little prepared script, an overly conservative outlook it seems to me. Mayor Butterworth: "Let me rephrase my question. This wand you said was a matter of $5". Mr. Tyre: "I donlt really know, please don't quote me. Mayor Butterworth: "It is a minor matter. And I have purchased bolt cutters and that is another relatively minor matter. Now the implication I get from what you say is that there has been an intentional withholding of money on these expenditures in the name of economy. I think this is terrible if it is so. But what I am wondering if on relative minor matters such as this - if they are absent from apparatus - if it isn't a matter of some failure to communicate the nature of these relatively -10- 6-16-70 ,......,< , minor matters to the right authority where they can be acquired." Mr. Tyre: "This is entirely possible. I Councilman Considine. "Mr. Mayor, may I make just a couple of comments if I may. I certainly hate to interrupt you. But we have budgeted at this point $34,195 for supplies and services which include all of this sort of thing and which is within a few hundred dollars of the department's request. The areas we have reduced are areas that do not relate to this area at all and we still are talking of only a $600 reduction. As to overtime pay, we have budgeted better than $10,000 increase in overtime pay this year than was budgeted last. And last year we increased it $6,000 over the year before. But I think the point we are trying to make is it has not been the attitude of the council to be chintzy, if you will pardon the phraseology. We have been attempting to meet the requirements, safety- wise, equipment wise and all overtime pay that is legitimately needed. We don't intend to be wasteful but I don't think you can say we have been running an economy drive that has been say inconsistent with maintaining the department so if a man has lost a boltcutter or doesn't have a knife to cut plastic, it seems all he would have to do is turn in a requisition because you are talking about money that the department would normally run into surplus with." Mr. Tyre: "I understand what you are saying Mr. Considine and I hope you don't for one minute think that I am criticizing the man who prepares and submits the budget which would be our Fire Chief. I don't intend to do that. All I know is what I am told and I am on occasion told that we have to work short because we have no more money for overtime. II Dorsey Caldwell: "May I please share the floor with Mr. Tyre just briefly. " Mayor Butterworth; "Would you state your name again for the record." "My name is Dorsey Caldwell. This overtime matter, you are talking figures etc., but I think is it not true you cut Chief Way's original budget request for overtime severely. Councilman Considine: it at a figure that is the last year." 1'We cut his request for overtime but we have left substantially greater than has been expended in I Mr. Caldwell: "It is not substantially greater enough Sir. We ran out of overtime funds last September and we have been hanging on with make do methods ever since. There is not enough money to cover the require- ments. It sounds great - you have increased it - but you have not increased it enough. Chief Way is about the most conservative budget man you can imagine and he does not put anything across to you he doesn't figure he needs. If you cut him down ---- Counci lman Considine: "What you are in effect saying is, in this year's budget you ran out of overtime last September, after six months." Mr. Caldwell: "Yes sir, three months, after last July. Councilman Arth:".. I wonder if we have delegated establishing a budget with the City Manager on details, supplies and this sort of thing ---" Mr. Caldwell: "You know Chief Way's reputation and he does not do things that are flambouyant or frivolous. What he says is usually 6-16-70 -lP- close to the truth and you had better and try to come close to them because the Fire Department by cutting down. say. " reread his original figures you are really shortchanging That is really all I have to Mayor Butterworth: "All right, thank you gentlemen. Thank you for your presentation here. Is there anyone else now that wishes to be heard on the matter of the city budget at this time. If so, now is the time to come forward. Gentlemen, there appears to be no other citizen that wishes to address the council on this matter and the chair will entertain a motion to close the public hearing on the matter of the tentative budget on 1970-71." I Councilman Helms: "I so move." Councilman Arth: tlSecond. " Mayor Butterworth: lf not, the hearing budget." "Any discussion. Is there anyone that disapproves. will be closed on the matter of the tentative (MOTION CARRIED). I 6-16-70 -lQ- I I HEARING (Gun Show) APPROVED ,~~/) (y 7Y HEARING (Auction of Assets) APPROVED~ ,Pyj~ Ov;y {)Y CONDITIONAL USE PERMlT (Montessori School) APPROVED \ -i-\ y\ SIDEWALKS (Altura Road) S7- \ \?) 0' 18:7648 Application of Dwain J. Pelock, 10151 Washington Street, Bellflower, for a Council Permit to conduct an antique gun and collector's show at 50 W. Duarte Road (Masonic Temple) on July 11 and 12, 1970. Mayor Butterworth declared the hearing open and the applicant explained the proposed function with sales tax to accrue to the City. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Arth, seconded by Councilman Considine and carried unani- mously. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Arth and carried unanimously that the application be APPROVED and a Council Permit be issued therefor. Application of Gary Ostrin, dba Ostrin & Ostrin, 738 E. 12th Street, Los Angeles, for a Council Permit to conduct an auction of the assets of the Cameo Figure Control Center, 1020 S. Baldwin Avenue, on June 17 at 7 P.M. Mayor Butterworth declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Arth, seconded by Councilman Considine and carried unanimously. Where- upon it was MOVED by Councilman Arth, seconded by Councilman Considine and carried unanimously that the application be APPROVED and that a ~ouncil Permit be issued therefor. Should traffic in connection with the auction warrant it - control will be authorized. Planning Commission Resolution No. 704 granting a conditional use permit for additional construction and site alteration at the Montessori School, 1406 S. Santa Anita Avenue, subject to conditions. Discussion held on the proposed alterations which the Planning Director pointed out will not preclude the possibility of the residence being returned to R-l usage in the future, however, the location is conducive to the use due to its proximity to the Richard Henr~ Dana, Jr High School. That the opposition was from residents on Pamela Road. Fred Kennedy, attorney for the applicant, explored the proposed addition and alterations and stated in part that the children remain indoors most of the time and that the noise is minimal compared to that emanating from the adjacent junior high school; that the children are usually called for by 2 PM each school day. Councilman Arth then MOVED to ratify the action of the Planning Commission in its Resolution No. 704. Motion seconded by Councilman Helms and carried unanimously. At the regular meeting of June 11 Council granted the request of Edward DaRin for a delay in action regarding sidewalks on Altura Road. Mr. DaRin addressed Council expressing appreciation for the delay which permitted an opportunity to poll the residents and referred to a petition filed with the City Clerk opposing sidewalks which were scheduled for both sides of Altura Road. He stated that signatures were obtained from about 85% of Altura Road residents and from bordering streets; that some of the reasons for the opposition include a general reluctance to change the character of the neighborhood, that it has a rural ranch atmosphere with landscaping and trees which have taken some 20 years to grow; that they do not feel there is a need for sidewalks in that Altura Road is not a heavily traveled street - that children do walk to school but a large number take the bus or ride bicycles. That to date there have been no reports of danger or harm. He expressed the hope that Council will accede to the wishes of the residents who have asked that sidewalks not be constructed. Mrs. Robert Whittier, 1125 La Rosa Road, stated in part that she favors sidewalks which provide safety for all ages; that the School Board is now considering reducing the bus service and asked Council to proceed with the construction as scheduled. Mrs. Whittier mentioned other residents who were in favor. 6-16-70 - 2 - COUNCIL CHAMBER REFURBISHING , , , I ' >) \ ,) , I \ 18:7649 Mrs. William Sward, 1060 Paloma Drive, stated in part that the afore- mentioned petition had not been circulated to everyone in the area; that she was in favor of sidewalks, that about four years ago parents requested a crosswalk at DeAnza, and she urged that the con'struction proceed. I Perry Carter, 1100 La Rosa Road, stated' in part that perhaps action should stop on the sidewalks to permit an opportunity to examine more closely the various aspects of the problem; that perhaps the addition of sidewalks would have a bearing on the speed limit; that he would like more concrete evidence one way or another. Councilman Considine cited a fatal accident on El Monte Avenue a few yearSI ago; that since sidewalks have been constructed in the exact block the safety factor has improved and no accidents have been reported. He explained that when the initial planning was done, all major walk routes to all schools Were considered with School Principals, teachers, P T A and city police and street departments, that provisions must be made for . safety for all who use the public facility, namely, the street. Mayor Butterworth explained that the program has been inffiistence some seven years now -- months and months of deliberations have gone into the matter - the program was designed solely to insure safety. He cited instances where opposition was 90 to 100 percent - that after sidewalks . were in - those same residents were delighted with the improved situation. Councilman Arth also referred to the inherent safety of sidewalks; that' he realized the landscaping which has been planted all the way to the curb and the feeling of the loss of some of a resident's property, which was city parkway land..that he worked to keep the sidewalks adjacent to the curb which will work out better for the property owner. In answer to a question the City Manager advised that the School District strongly supported the program and had asked that if Council were consid- ering dropping Altura Road that they be notified so they could present arguments for the installation. The City Clerk then read into the record the opposing petition signed by 86 residents on or adjacent to Altura Road, and three communications_ in support of sidewalks from Mrs. D. W. Anderson, 1129 LaRosa Road,' Mr. and Mrs. Donald A. Rose, 1142 La Rosa Road, and Mrs. Robert Whittier, 1125 La Rosa Road. It was noted that the contractor had been agreeable to the delay whereupon it was MOVED by Councilman Arth, seconded by Councilman Considine and carried on roll call vote as follows, that staff be authorized to proceed with the sidewalk program including the east side of Altura Road from Hugo Reid Drive to Catalpa Road - sidewalks to be curbside. AYES: Councilmen Arth, Considine, Helms, Butterworth NOES: None I ABSENT: Councilman Hage Jack Saelid, 821 Balboa Drive, in noting the opposition to the program, - recommended that in future planning consideration be given to maintaining to a bare minimum traffic on the residential streets in the subject area which he stated in part has increased during the past years. In a report submitted by the City Manager and the Director of Public Works it was noted that the Council Chamber was constructed some 22 years ago and that little has been done to modernize the facility; that it might be refurbished at a cost of about $8,649; that if a more extensive change were desired it could best be accomplished by engaging the services of a professional. Discussion held on the feasibility of engaging an architect or an industrial interior decorator. It was submitted that $10,000 might cover the project. Matter will be determined later, however, it was the consensus that it is clearly indicated something will have to be done in the subject area. 6-16-70 - 3 - I I CITY-COUNTY RECREATIONAL AGREEMENT & !fit SECOND AVENUE IMPROVEMENT (Cooperative Agreement) ijLl'fJ (p RESOLUTION NO. ~ <;//5// ADOPTED I I' bH1 " , INFORMATIVE MATERIAL ~ REQUEST FOR ALLEY PAVING ~~~~ ..1' i; 18: 7 650 Discussion held on the proposed agreement between the City and the Los Angeles .County Flood Control District for use of its properties in the development of recreational facilities where feasible. The City had requested and the District indicated that it would grant an easement over property adjacent .to the Wilderness Park such that it may be developed for parking and recreational purposes. Following consideration of the contents of the agreement with Councilman Helms observing in part that the proposed contract provides very little if any benefit to the City, it was MOVED by Councilman Considine, seconded by Councilman Arth and carried unanimously that the agreement be approved and that the Mayor and City Clerk be and they are hereby authorized to execute same. It was noted that staff has negotiated an agreement with the State Division of Highways providing for State participation in sharing the cost of the improvements in the Second Avenue Realignment Project (Job # 363).. .from Bonita Street to Route 210 Freeway within the City... Said agreement provides for the payment of all costs relative to con- struction of pavement, curb and gutter, sidewalk, bridge abutment modification and 50% of the cost of the necessary traffic signal modifications necessary for the signalization of the new intersection. It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows, that the agreement be entered into and that the Mayor and City Clerk be and they are hereby authorized to execute same in form approved by the City Attorney. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Rage Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 5041, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE CITY TO EXECUTE A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE IMPROVEMENT OF HUNTINGTON DRIVE IN CONNECTION WITH THE WIDENING OF SECOND AVENUE." It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5041 be WAIVED and that the same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Coune i Iman Rage Council received and ordered FILED a communication dated June 1, 1970, from the State Division of Highways concerning a study now being initiated to provide for functional classification of all highways, roads and streets which will exist or be needed in the year 1990 - considering 1990 projections of land use, population, urban limits and travel. The City Manager and the Director of Public Works advised that a request has been received for the improvement of an alley right-of- way paralleling Live Oak Avenue running between Sixth Avenue and the Santa Anita Wash; that the subdivider deposited funds for improvement of the alley but that no consideration has been given or ,is being given toward improving the alley. The City has, at no expense to abutting owners, installed alley improvements in locations where the abutting owners providing right-of-way at no cost to the City. The Director of Public Works set forth in his report dated June 2, 1970, that the City purchased the land and in his opinion the abutting owners should pay the cost for the improvement. He estimated the cost at $5,500 and subtracting the deposit of $1,650 there would be a deficiency fund-wise of approximately $3,850. An explanation was then given as to procedure. He was asked to convey the information to the attorney for the owner of property at 625-635 E. Live Oak Avenue. 6-16-70 - 4 - FIREWORKS STAND LO~I~11 ORDINANCE NO. 1413 INTRODUCED ORDINANCE NO. 1414 INTRODUCED 18:7651 On MOTION by Councilman Considine, seconded by Cokncilman Helms and carried unanimously the request of the American Legion Arcadia Post # 247 for permission to use city owned land at 423 E. Huntington Drive and 100 North Santa Anita Avenue for sale of fireworks between July 1 through July 4, 1970. Insurance certificates will be submitted. The City Attorney presented for the first time, explained the content and read the tit le of Ordinance No. 1413, ent it led: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 3420.1 OF THE ARCADIA MUNICIPAL CODE, RELATING TO SWIMMING POOL FENCING." It was MOVED by Councilman Helms, seconded by Councilman Considine carried on roll call vote as follows, that the reading of the full of Ordinance No. 1413 be WAIVED and that same be INTRODUCED, I and body AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Hage The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1414, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 2322.2 OF THE ARCADIA MUNICIPAL CODE, RELATING TO THE MAXIMUM AGE FOR EMPLOYMENT OF FIREMEN." It was MOVED by Councilman ,Arth, seconded by Councilman Considine. and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1414 be WAIVED and that same be INTRODUCED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Hage RESOLUTION The City Attorney presented, explained the content and read the title NO. 5'1B'J '1/31 of Resolution No. 5039, entitled: "A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF ARCADIA CHANGING THE HOUR OF THE REGULAR MEETINGS OF THE PLANNING COMMISSION, AMENDING RESOLUTION NO. 3551." RESOLUTION NO. 3l)tj:() t//</o ADOPTED /~~k r:;1" \ It was MOVED by Councilman Helms, seconded by Councilman Arth and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5039 be WAIVED and that same be ADOPTED. AYES: NOES: ABSENT : Councilmen Arth, Considine, Helms, Butterworth None Councilman Rage The City Attorney presented, explained the content and read the title of Resolution No. 5040, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE ACQUISITION OF REAL PROPERTY AT THE NORTHEAST CORNER OF HUNTINGTON DRIVE AND SECOND AVENUE FOR THE WIDENING OF SECOND AVENUE." I It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Resolution No. 5040 be WAIVED and that same be ADOPTED. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Hage The City Attorney explained that this document authorizes the City to acquire property for a specified amount on condition that the owner consents to removal of a spur track serving the property; that it further authorizes the City to execute an easement deed to the owner of property at the northeast corner of Huntington Drive and Second Avenue for the purpose of reinstalling a railroad spur track in Second Avenue with several provisions including one providing for the termination of - 5 - 6-16-70 I I APPOINTMENTS RESIGNATION & APPOINTMENT WATERSHED COMMISSION 1970-71 LIBRARY BUDGET 18:7652 the easement in the event the spur track is not installed within ten (10) years; that if the spur is reinstalled the City is authorized to make any repairs or improvements in Second Avenue required by the reinstallation. (Gas Tax Funds will be used). Mayor Butterworth made the following appointments which were ratified on motion. Chamber of Commerce Liaison Councilman Helms Committee - to investigate the feasibility of the City employing a full time Area Developer Councilman Considine, Chairman, Mayor Edward L. Butterworth, Planning Commissioners Er,ickson and Livingston Committee - to review the financial arrangement between the City and the Chamber of Commerce Councilman Arth, Chairman, Councilman Rage, Planning Commissioners Kuyper, Lauber, Reiter. Representative from the Chamber to be appointed by its President. Committee - to review the existing contract between the City and the Chamber of Commerce dated January 26, 1954. Councilman Helms, Chairman; Planning Commissioner Cahill. City Attorney, Ogle. Representative from the Chamber to be appointed by its President. MOTION was then made by Councilman Helms, seconded by Councilman Considine and carried unanimously that the above appointments be and they are hereby ratified. Mayor Butterworth advised that Donald S. Camphouse has resigned from the Los Angeles County Watershed Commission and that Reuben Coatsworth had agreed to serve on that Commission. Whereupon it was MOVED by Councilman Arth, seconded by Councilman Helms and carried unanimously that the resignation of Mr. Camphouse be accepted with regret and that Mr. Coatsworth be and he is hereby appointed to the Los Angeles County Watershed Commission. The Library Board had asked for certain additions to its original budget and had asked that if those additions were not acceptable that the budget be returned so that it could be recast by the Board. This was done and changes were made which the City Manager explained. He also noted that while it was first thought to be adequate to wash the exterior of a portion of the building, 'upon further examination it was found that it should be painted - that it had not been painted for 10 years...that the cost would be $3,072, which would have to be added to the total amount of the library budget. It was MOVED by Councilman Arth, seconded by Council- man Helms and carried on roll call vote as follows, that $3,072 be added to the library budget for said purpose. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Hage The City Manager continued in the area of carpeting, some trim painting and a cash register, stating in part that the Library Board had suggested funds for these items be deleted, but that since carpeting is needed in the reference area at this time and that the auditor strongly recommends the cash register, it is now his recommendation that funds for these items be retained; that the only adjustment would be the addition of the afore- mentioned amount for exterior painting. 6-16-70 - 6 - CITY ENTRANCE AREA DEVELOPER 18:7653 Mayor Butterworth called for a motion with respect to the City Manager's recommendation for approval of the original budget with one addition. Where- upon it was SO MOVED by Councilman Helms, seconded by Councilman Arth. Mayor Butterworth explained his position in the matter by stating in part that what Council is doing is in effect disapproving the budget the Library Board submitted in the first place with the request that certain items be added. That if they were not acceptable that the budget be returned to the Board for reconsideration, which was done - that the budget was then resubmitted to Council by the Board. And now Council is disapproving the redrafted budget and insisting it proceed with the initial budget. He referred to a portion of Section 1202 of the City Charter - "The budget I shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year." Reference was also made to a portion of Section 809 providing that "Library Board shall administer and operate the city libraries." He continued in part that it is his feeling that there can be no effective administration or operation without authority to expend public funds; that it was the intent of the Charter Committee to give the Library Board total authority over the total operation of the library including the right to determine how money appropriated by the Council should be expended; that he thinks Council is getting into the administration and operation of the facility when it begins to tell them how they must spend their money...on that basis he would oppose the motion. Councilman Helms spoke in favor of the motion...that the basic issue is an item of capital outlay which the Library Board had first requested and then asked for deletion - relating to the carpeting and trim painting, all necessary to the maintenance of the building. That these items do not qualify under the definition of Capital Improvements and must be budgeted accordingly. That Council in approving the motion is merely doing what is required by the Charter, exercising physical responsibility of the administration of city money. That he would never consider inter- fering with the internal affairs of the Library and thinks it essentia1to have an independent free functioning library, but that in the case of financial responsibility the proposed motion is proper. Councilman Arth concurred and stated in part that Council has a definite responsibility to the people to see that these things are taken care of on a normal regular basis. Councilman Considine stated in part that in met with the Board to discuss their budget; budget and include the additions, the Board Council has always approving the first satisfied. the past that by would be Roll call was then taken on the motion. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms Councilman Butterworth Councilman Hage I Councilman Helms suggested a provision in the Library budget for fiction material and he will discuss this with the Board at its next meeting. It was noted that another meeting is clearly indicated in the adoption of the budget. Brief reference made to the improvement of the entrance to the city on West Huntington Drive. Discussion held on the appropriation in the budget for the employment of a full time Area Developer. It was noted that any firm arrangement must await the recommendadon of the Committee just formed to look into the feasibility of such a program. It was MOVED by Councilman Helms, seconded 6-16-70 - 7 - I I CONSIDINE ARTH 18:7654 by Councilman Arth and carried on roll call vote as follows, that the sum of $20,000 be appropriated in the ensuing budget to be used to defray the expense of an area development program, subject to Council further order. AYES: NOES: ABSENT: Councilmen Arth, Considine, Helms, Butterworth None Councilman Hage Councilman Considine reported on matters discussed at the recent League of California Cities meeting. On a matter concerning low cost housing, it was suggested that the City take a stand and the City Manager will obtain all related material. He also advised that a local resident, George Gaffney, had noted that the Flag was not displayed at the Library on Flag Day, and suggested that steps be taken to see that the Flag is flown on all Holidays. He also asked that a check be made concerning the cost to the City of its fire protection insurance (valuable documents etc). Advised of activities of the Southern California Association of Governments; also the computer program. BEAUTIFICATION/At the suggestion of Mayor Butterworth the City Attorney will prepare a resolution requesting undergrounding'of utility poles on the east side of Michi11inda Avenue. It was noted that the Arcadia Beautiful Commission supports this improvement. GENERAL PLAN MEETING ADJOURNMENT The Planning Director advised that the Commission will meet with the General Plan Consultant, Simon Eisner, on Monday June 22, at 7:30 P.M. in the Conference Room, and invited the members of Council to attend. At 11:10 P.M., the meeting was ADJOURNED to THURSDAY, JUNE 25, 1970, at 6:30 A. M. in the Council Chamber. !lJt~ ~~~~~u City Clerk 6-16-70 - 8 -