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10-19-1970 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA OCTOBER 19, 1970. The adjourned regular meeting of the City Council was called to order by Mayor Ken Chappell at 7:30 P.M. in the West Covina Council Chambers. The Pledge of Allegiance was led by the Mayor. The invocation was given by Reverend Charles R. Simmons of the United Methodist Church. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present:. George Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City Attorney H. R. Fast, Public Services Director George Zimmerman, City Engineer Leonard Eliot., Controller Richard Munsell, Planning Director John Lippett, Ass°t. City Engineer Allen Sill, Chief of Police William Vanettes, Communications Director Terry Brandt, Administrative Analyst, Jr. ' Rick Oakley, Administrative Analyst, Jr. PRESENTATION COMMENDATION TO Presentation made by Mayor Chappell and RALPH LAUGHLIN Chief Sill to former Lieutenant Ralph Laughlin, commending him for his 17 years of service with the City, and congratulating him on his new position of Chief'.of Police of Carlsbad, California. AWARD: OF BIDS BID NO. 71-30 MOBILE RADIO EQUIPMENT; BID NO. 71-31 HAND-HELD PORTABLE RADIOS AND ACCESSORIES Bids received in the Office of the City Clerk,at 10:00 A.M., Wednesday, October 7, 1970; held over from October 13, 1970. L. Eliot (Staff report dated October 16, 1970, briefly summarized by the Controller.) This award of bids covers five .mobile radios to be mounted in Police or Fire units and seven hand-held walkie talkie type equipment, five for Police and Fire, two for maintenance sewer service. Staffs recommendation is that Council approve the award of bids in the amounts of $3,575.00 and $3,570.00 to the Radio Corporation of America. Councilman Lloyd: Mr. Aiassa - have you provided for this in the budget this year? And how much? Mr Eliot: Yes/ and the cost is approximately $750 S_ per unit for the mobile radio equipment and about $500 for the hand-held sets. Our bids have come in approximately $50 to $100per unit under our estimate. Councilman Lloyd: Does this meet with the approval of the Public Safety people - Fire and Police? Mr. Eliot: We have met with the Chief and Deputy Chief of Police, and with the .Fire Chief and Batt. Chief and it does meet their require- ments. Councilman Lloyd: What is the expected life of the equipment? - 1 - ADJ. REG. C.C. 10-19-70 Page Two Bids No. 71-30, 71-31 William Vanettes From 5.to 7 years. Councilman Lloyd: Is this equipment superior to that which you already have, or is it better?. Mr. Vanettes: I would say it is equal. It is all new equipment and it meets the standards that I feel it should and it is the best equip- ment we can get for the practices of communications for public safety officers. Councilman Lloyd: Are we leaving anything on the table when we buy this - is the price good or bad? Mr. Vanettes: We have a good buy here. Councilman Lloyd: I question this because I have expressed a strong interest in this type of equipment and the keeping up of modern communications is tantamount to the efficiency of public safety in our City and I want to make sure, as with the cordless microphones, that we are not buying a Cadillac when a Chevrolet will more than adequately do. I don't want to deprive anybody if it involves the life of an indi- vidual who is serving in the capacity of public safety for this City, I would not want to question that in agy._way, but if it is something that becomes something of a status symbol then I want to be sure we are not spending money needlessly. So what I am asking you is - we not only feel it fills the requirements but that we do not have an overfill? Mr. Vanettes• I feel we have a very good bid here. Councilman Lloyd: The Public Safety people are happy with it, and we are not going to be replacing this equipment in a year or finding something else wrong with it? Mr. Vanettes: No sir® Motion by Councilman Lloyd that City Council approve an award of bid to numbers 71-30 and 71-31 in the amounts of $3,575.00 and $3,570.00 respectively, to Radio Corporation of America, and further that the Mayor and City Clerk be authorized to sign any documents necessary for award of this purchase order. Motion seconded by Councilman Young, and carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None WRITTEN COMMUNICATIONS MRS. H. GLENN PETTRILL Motion by Councilman Lloyd, seconded by MRS. ROBERT BROADWELL Councilman Young, and carried, that the MR. & Mrs. C. CARRIKER letters received from these people relat- MRS. VI CHRISTOPHER ing to the Atlantic -Richfield Gas Station at Barranca and Garvey Avenues be held over to the public hearing on this item. SPANISH TRAILS GIRL Motion by Councilman..Young., seconded by SCOUT'_:COUNCIL Councilman Lloyd, and carried, approving REQUEST and granting permission to Spanish Trail Girl Scout Council to sell Girl Scout Calendars November 20 through December 14, 1970, as approved in prior years. - 2 - ADJ. REG. C.C. 10-19-70 WRITTEN COMMUNICATIONS Page Three MRS. BETTY K. PEARCE Councilman Young: Mr. Mayor, I move PRES.,WEST COVINA SENIOR that this item be CITIZENS referred to staff. In reading the letter I didn't see any problem particularly, but perhaps there is some difficulty. Motion seconded by Councilman Lloyd. Councilman Shearer: I had the same comment Councilman Young did. In reading the letter I really don't know what help is being requested so I would urge staff to make contact with Mrs. Pearce and determine the problem. Mr. Aiassa, as informational, do you know what is being requested? Mr. Aiassa: Mayor Chappell: using and wanted to know of No, but my staff did make arrangements to meet with them so we will have an answer for you. I did receive a phone call on this and the gist of it was that they will not be able to have the location they are another that they might use.. Motion carried. ASSOCIATED STUDENTS Councilman Lloyd: Mr. Mayor, I note MT. SAN ANTONIO COLLEGE it is suggested that we refer this to staff. However, I wonder if the individual is in the audience and if he is/I would like to ask him some questions. I want to discuss it because I don't really understand what we are being asked to do. Mayor Chappell: I suggest we hold over any questions to Oral Communications and then give him the opportunity to talk on this subject to us. PETITION FROM RESIDENTS Motion by Councilman Young, that the MICHELLE & AZUSA AVENUE petition received from the residents REQUEST requesting a street opening for access onto Michelle from .Azusa Avenue be referred to staff. Seconded by Council- man Lloyd, and carried. CITY ATTORNEY ORDINANCE NO. 1146 The City .Attorney presented., ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING SECTION NO. 3140.OF THE WEST COVINA MUNICIPAL CODE RELATING TO TRUCK ROUTES (Barranca Street)." Mayor Chappell: Hearing no objections, waive further reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Lloyd, adopting said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None VERN Oo AUSTIN'S LETTER Mr. Wakefield: The next item is a RE UMARK WATER ACQUISITION reply to the letter sent to the City Council concerning the jurisdiction of the PUC over the proposed sale of the Umark Water System to the City of West Covina. The letter recites the situation as I understand it. Of course, the PUC jurisdiction is limited to jurisdiction over those compan ADJ. REG. C.C. 10-19-70 Page Four CITY ATTORNEY - (Vern O. Austin's Letter) ies which are denominated public utilities, If in fact 'Umark were a public utility/it would have to obtain the consent of the PUC before it could dispose of its operative properties. However, Umark is not now engaged in the business of selling water to the public and is not a public utility as that term is defined in the Public Utility code and is not subject to the jurisdiction of the PUC at this time. Councilman Young: In light of the fact that Mr. Austin's letter was placed in the minutes, I wonder if it would be in order to have this response by the City Attorney placed in the minutes verbatim. Mr. Wakefield: It is not necessary to read it because members of the Council have copies, but it could be included in the minutes if Council so wishes. So moved by Councilman Young, seconded by Councilman Lloyd, and carried® Letter from Burke, Williams & Sorensen dated October 15, 1970 to City Council, City of West Covina: "On Tuesday, October 12, 1970, Mr. Vern Oo Austin's letter of September 30, 1970, addressed to the City Council, was referred to the City Attorney for report. "Mr. Austin states that it is his understanding that before the Umark Water System can be sold to the City, the seller must apply to the California Public Utilities Commission for permission to sell the system. Mr. Austin refers to Section 851 of the Public Utilities Code as the basis for his understanding. F°Section 851 of the Public Utilities Code does provide that no public utility shall sell any property useful in the.performance of its duties to the public without first having secured .from the Public Utilities Commission an order authorizing it to do so. "Section 216 of the Public Utilities Code defines a public utility as including any water corporation delivering water to the public, Whether or not a corporation is a public utility is determined primarily by the fact that it holds itself out as being engaged in the business of supplying water to the public or to some limited portion of the public. (Rilovich V. Raymond, 27 Calif. Railroad Commission Reports, page 182o 1OUmark is not now engaged in the business of supplying water to the public and, in my opinion, is not a public utility. Therefore, Section 851 of the Public Utilities code is not applicable to it. It has the same right to dispose of its property as any other private corporation which is not a public utility.,, Signed: George W. Wakefield, City Attorney. MERCED CORTEZ HORSE RANCH and PARK WATER SERVICE time this evening the discuss those items. Mayor Chappell: DIAMOND C YOUTH GUIDANCE FOUNDATION REQUEST Mr. Wakefield: matters that are I would request opportunity.to meet in The next two items involve recommended settlements for two now in litigation. at some appropriate Executive Session to I will call for an Executive Session later in the evening. Mr. Wakefield: The .last item is one that involves the request of the Diamond C Youth Guidance Foundation for permission to conduct a charitable ADJ. REG. C.C. 10-19`70 Page Five CITY ATTORNEY (Diamond C Youth Guidance Request) solicitation within the City. I have discussed the problem on several occasions with the representatives of the Foundation. The original problem as I saw it in what they were proposing was a raffle which seemed to be contrary to law. Obviously they did not want to engage in any activity which might even be suspectp and in a series of meetings I think that portion of the problem has been resolved. So we have no longer any question with reference to the plan which they propose to use. However, whether or not the license shall be issued without fee, is of course a matter of policy and is at. the discretion of the City Council to waive the license fee if the license is to be issued without charge. Councilman Young: Was there a request that it be waived? I don't recall that coming before us last week. Mr. Wakefield: Our procedure is not as clear 4s it might be and the item was originally on the City Clerk's agenda. Our Ordinance provides the license may be issued upon the payment of the prescribed fee and it is the prerogative of City Council to waive the fee under the appropriate circumstances and I believe that is why it was included in the City Clerk's agenda last week. The representa- tives are in the audience and will supply any further information that might be requiredo Councilman Young: Mr. Wakefield: Councilman Young: request be granted and This then necessarily would not have been on the agenda except for the waiver of the fee? Yes, it would not have been on the agenda otherwise. In light of the worthy nature of this particular activity and that the legal hurdles have been resolved /I move that the the fee be waived. Seconded by Councilman Lloyd, Councilman Nichols: Mr Mayor m .it is true as the City Attorney indicated that the basis for the item appearing on the agenda was a request for a waiving of the normal fees; however, this usually does occur when any organization is and reports to be nonprofit and we have had a:..number of.groips in the past that have sought permission and the Council has endeavored for its own satisfaction to insure itself that the particular organization soliciting is in fact a bona -fide and worthy organization. My concern, as expressed last week, was that we had little if any knowledge as to the type of organization this was and although I don't want to cast any aspersions upon this particular organization, we have not in fact been given any of the kinds of information normally given to us by staff which assures us that when we allow a group to solicit on the streets of West Covina on a charitable basis, that they are in fact soliciting for a worthy purpose. We have had some of the legal aspects clarified but I don't think we have had any clarification in terms of the function of the organization or its acceptance as it was referred to by the representative who indicated that very prominent individuals of Southern California are supporting the organization. I think, as Councilmen and the political representatives of the citizens, that we should have more information on this organization. For that reason, therefore, and because I am not so sure in my own mind as to the nature of the organization and the basis of its request, I will vote "no". 5 ADJ. REG. C.C. 10-19-70 Page Six City Attorney (Diamond C Youth Guidance Request) Councilman Young: I have had some conversation with representa- tives of this organization who called at my office a few days ago. These are essentially boys' homes we are talking about here and I also ascertained in the conversation that they have the Internal Revenue Service clear- ance so that contributions are tax deductible. Beyond that I have no further information. Motion carried; Councilman Nichols voting "No" HEARINGS UNCLASSIFIED USE PERMIT LOCATION: South side of Garvey Avenue, NO. 161 east of Barranca Street© and north of ATLANTIC-RICHFIELD CO. Walnut Creek Channel after Garvey Avenue is realigned for the widening of the San Bernardino Freeway. REQUEST: Approval of an Unclassified Use Permit to allow a service station in the N-C (Neighborhood - Commercial) zone on a 25,130 square foot parcel. Recommended by Planning Commission Resolution No. 2287. (Mr. Munsell, Planning Director, summarized Planning Commission Resolution #2287; slides shown and explained; maps provided Council showing locations of all service stations in the area and whether they are operating, vacant, or not yet built. Conditions to be applied, if approved, read.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNCLASSIFIED USE PERMIT NO. 161. IN FAVOR A. Khativ I did some maps in various colors 2275 W. Lincoln (Passed maps to Council) outlining the Anaheim site that we are proposing to develop. (Atlantic -Richfield) One thing I would like to bring up - a city in Orange County did a study on service stations and one of their comments "an automobile service station has been defined in Orange County°s new comprehensive zoning code as the retail place of business engaged primarily in the sale of motor fuel, supplying only those incidental goods and services which are required in the day-to-day operation of automobile vehicles and in fulfilling the motorists°needs.°° It also goes on to say because of the ever-increasing use of automobiles the service station has become more and more important until now it is as necessary as a public' utility such as power, gas and water. The reason I brought that up is because of the comments that there are so many service stations in the area. It is trueo7 but there are so many cars and the population .is increasing and the country is going ahead in improvements and development so there are more needs for the service. The other need I would like to point out is that the site, due to the progress of the freeway, it is creating a site too small for a shopping center and is very well suited for a service station which is also needed by the public, because who goes to the service station other than someone from the neighborhood or a citizen of the community? We have worked with the Planning Department and Planning Commission and they put certain conditions on the approval so it will not be detrimental to the surrounding area. We have a site which has behind it a creek or wash, not suited for a house, and the front is a future widening of the freeway and we also have a zone appropriately zoned for the use. The only reason we came for the Unclassified Use Permit is to be sure it will not be detrimental to the community in any way. If you have any questions? Thank you. - 6 - S ADJ. REG. C.C. 10-19-70 Hearings (UUP NO. 161) Page Seven K. B. Whiteley I, too, concur with the remarks made Atlantic Richfield by Mr. Khativ, who has done the Real Estate Repo preliminary engineering and we find and feel the improvement of this prop- erty- would be very beneficial to the City. We feel! and rightfully so, that the development of property which is south of the freeway would be beneficial to the City in line with good planning ' developed and which has been indicated by your Planning Director and staff in their evaluation and approval of our precise plans. We feel that we will be actually making available a service to the motorist on one of the heaviest -travelled freeways in Southern California andjas noted on the maps portrayed on the wall here, there are three service stations on the south side of the freeway to handle the motorists needs. There are many benefits that would be derived from the development of this property because it would bring in additional tax revenue to the City and we are all quite aware of the benefits and need for additional taxes which is so vital to the life of the City. I concur with Mr. Munsell°s remark that the construction of this station would fit in with the construction of the freeway widening. I did mention this at the meeting before the Planning Commission but it seems sometimes people might question this and this is factual. Today there is one service station for every 372 cars compared to 1958"..when there were 275 cars and yet by the same token there are in the United States about 216,000 service stations,an increase of less than 5/ over the 206,000 service stations in operation in 1958. By comparison the motor vehicle operation has increased by more than 40/ in the same period. Gentlemen, I believe this would conclude the remarks I have. Thank you for your consideration. Michael Downing I represent Louis Delaye the owner of the 19814 Squire Drive property and who is proposing to sell it to Covina Atlantic Richfield Company. This property is a much larger piece of property, most of which will be taken by the State Highway Commission when they pur- chase the property for widening of the freeway and constructing a new on -and off -ramp at Barranca. This property has been virtually unusable for several years and not subject to development. We have had no prospective developers®knowing that a substantial portion of it would be taken by the freeway,so they were reluctant to spend any money or effort to purchase the property. About a year ago the Highway Department come out with the freeway plans and what is left of the property is approximately 25,000 square feet. The property is surrounded by non-residential uses and that the highest and best use we feel would be for that of a service station. Thank you. A. Khative Mr. Mayor - one further comment. We have a piece of property here surrounded by the flood channel and the street and the swimming school from the East and it is too small - so what can you do with it? IN OPPOSITION E. Parsons I represent as Vice -President of the East 711 South Forestdale Hills Home wners°; Group, a paid membership West Covina of 399 members living east of Citrus Street in the very area this gas station is proposed. The purpose of the East Hills Homeowners° Group is to support planned and orderly development of the neighborhood generally defined as the easterly portion of West Covina in the County of Los Angeles. This purpose is why the homeowners of the area paid their dues to belong to the Association. A telephone poll of the members of this organiza- tion has indicated that they do not feel this proposal is in the best interests of the orderly development of the area or that it 7 ADJ. REG. C.C. 10-19-70 Page .Eight Hearings (UUP NO. 161) represents a need of the community, Speaking as a private homeowner it appears the location, near a freeway off -ramp, is a convenient) place for a gas station but it does not appear to me as a homeowner that this necessarily serves the local needs of the community. Addi- tional comment, of course, is that another gas station does not necessarily increase the consumption of gasoline within an area. Where the additional taxes come from is always a question in my mind. There is one other factor - there is concern even in the State, with the amount of smog in the form of low vapor pressure produced from high carbon gasoline components issued into the air by every gasoline station and although this has not been qualified in terms of how much, and there are a lot of arguments pro and con, there still is a definite amount; and if one question the need of a gas station I often wonder why we add to it the additional smog - producing outlet. Joanne Wilner I wish to read 'into the minutes the letter I 2108 Casa Linda Drive wrote dated October 5, 1970, to the City West Covina Council: "Coming before you October 13, 1970, is a request for an Unclassified Use Permit #161 - Atlantic Richfield Co. I hope that you will see fit to deny this request for the following reasons, which are not necessarily.in order of importance.' del- There are presently about 17 stations within a mile radius of the site. At least one of these stations is an.Atlantic Rich- field station, less than one-half mile to the north. Some months back when an Unclassified Use Permit was requested for the corner of Amar and Valinda (Macco Corp. area) the Council requested staff to make a study of gas station -needs for this city. There are now 55 stations in the city. I have never seen the results of such a study nor heard of one ever being done. Until the findings of such a study are made public, I think it is incumbent upon you to declare a moratorium on the issuance of any Unclassified Use Permits for gas stations. 112 - Air pollution is a great malady today, especially in this part of the valley. West Covina has finally found of what it is the Headquarters City - AIR POLLUTION.. I'm sure you are aware that 88% of air pollution is caused by automobiles. You may not know though that 10% of automotive pollution comes from evaporative Losses. A large source of evaporative loss comes when the engine is turned off after running, as is done when you buy gasoline. Vapors escape while the fuel is being .pumped into the car, both from the tank itself and from the pump.. too. "Air pollution is worse where there are large concentrations of unburned hydrocarbons. Another gas station by the heavily con- gested freeway (source of many pollutants), near very large parking facilities filled with cars giving off polluting vapors does not help an already bad condition. This station could be the straw that broke the camel's back.. 113- Because the land is zoned commercial, because it is an ideal location for such a business, these facts do not give the applicant the right to get his permit at the expense of the health ` and welfare of West Covina citizens and other franchise stations trying to make a living. 114- True, there is a need to offer the freeway traveller an easy access to gasoline in West Covina from each side of the free- way. This though is adequately handled without approving another station. There exists two stations south of the freeway at Azusa Avenue. '15- State legislation was just passed that places the filling of gasoline service station tanks under stricter regulation to curb vapor escape. This verifies the fact that there is a real problem here. West Covina should not wait for the State, but should check into the matter itself and enforce the regulations rigidly. �-� ADJ. REG. C.C. 10-19-70 Page Nine Hearings (UUP NO. 161) 00Our environment is controlled through planning and zoning of land use. This point has been reiterated by experts in books and papers. I recently attended a conference on :'Southern California's need for Water' whichre-emphasized the point about the important role planning and zoning plays. Stopping the deterioration of our environment will require a change in the current course that plans for our City are guiding use We need to review the General Plan, but before that you need to take action on Unclassified Use Permit 161 and vote a denial for the present health and welfare of this community." Melvin Krause I oppose this use - we have zoning 321 South Charvers.:.Ave,, regulations to assure certain order West Covina and balance in the development of our community. The addition of another gas station in the radius of 15, 16 or 17 others, clearly is not conducive to balance and order.�n this .area. As a resident I and my fellow residents clearly/ need nor want this gas station. It is the burden of the proponent to show both need and desirability of this use. Thank you very much. Vern Austin Without reiterating the ecology prob- P. O. Box 709 lem brought up I would like to direct West Covina a question to the proponent. My understanding is that there are vents required on all tanks with respect to storage of gasoline under- ground - I would like to know do they have any plan with which to retain these hydrocarbons coming out at the time of filling the tanks or when filling gasoline into a car tank? I don't want to prevent a business from going into operation, however it is damaging to our air and until such time as this element in gas stations can be brought under control, I would ask that the Council deny any further gas stations in the City of West Covina. Thank you. David Hido I am a student at Edgewood High. I 1045 Price Ave. have heard both sides and basically I West Covina don't want to repeat anything but what I have heard regarding ecology I feel is true pertaining to pollution of this area. What I would like to say from the young people to the people that propose this gas station isIdo they think by putting in gas stations they are still giving our generation a chance to breathe clean air? -And do they think by putting in more gas stations,which will service more cars - which produces more pollution -that they can actually better our community and our country? I don't feel that they can. I feel that pollution is not worth any amount of money that it brings about. I am sure the people that represent Atlantic Richfield feel, among other things, that the capitalistic system is going to benefit him in his position and I don't want to be too hard on the people in the community, because it is probably his idea; but we don't want pollution, we are against it, and if we are against it I think it is time they stopped it. That is all I have to say. REBUTTAL A. Khativ: As far as the gentleman saying that there is no need for a service station - as far as I knowlas told to me by various companies' studies, about one-third of the business is generated from the c uni.tlr and the other two-thirds is._.gener ed by a freeway.- -The b:ther-7thirig--.referrigd :,to:::-�pollutid.n-.::.You:',.are servicing cars that are going through and the pollution is there whether they are travelling through the city on the freeway or being serviced by a station on the freeway. We would like to put the station in because the marketing study says there is a need for`.it. And people sometimes seem to forget that we are also the residents of a community and that we are breathing the same air. So whether it is the President of Atlantic Richfield or the janitor, he is still 9 ADJ. REG. C.C. 10-19-70 Page Ten Hearings-:,(UUP #161) breathing the same air as you and me and both of them are concerned about it. The other thing I hear said often is we don't need service stations. One of the greatest achievements - and I have been in many countries - that this Country has is the right for everybody to make money or go bankrupt, and that is why everyone has the better things of life - better cars, better homes, etc. As far as pollution, quite a bit of research has been done about it and I hope everyone remembers we live in the same com- munity. Mro.Whiteleyo_, Mr. Mayor and members of the Council, we have the report of four people here who appear to be very much against service stations for a variety of reasons. I don't believe that there are many people in the room here,that­.real ze th&-E,the oil companies, and I speak of them collectively, Because every one of us no matter how large or small, are vitally concerned with the problems we have. We are spending over a million dollars a day in research, etc., and: if every other industry was spending as much we would have this problem licked sooner. Some of you people might have witnessed at Eastland Shopping Center a few months ago, four clean -air caravans on that lot and they were testing the vapor systems of cars at no charge, sponsored by Atlantic-Richfieldyand I wonder how many people took advantage of that free service. It is difficult to answer each .and everyone of the various objections, but I think some of these remarks will refer to the comments of the people. The sulphur content of lighter petroleum fuel such as gasoline and diesel fuels have been reduced more than half since World W,ar II. The pollution you get in the air is not just solely from automobiles and when I say this I don't mean to be facetious, but this comes to my mind from these people so adamantly opposed to service stations„ I wonder if they walked to the City Hall to complain about service stations. We have an indispensable service to perform to the motoring public and to the economy of the entire country and if we didn't feel that the economics of a :service station would work out on this site and there was not a need for it, we certainly would not be here asking for your approval of this, site without having given it a great deal of study. I think the gentleman who was the Vice,Presi- dent of the East Hills Homeawners° Association, I think some of the remarks I made referred directly to him, when he mentioned smog and the vapors from the service stations and smog -producing outlets that is an automobile and most everyone of us in this room owns one. By preventing us from building a service station that will be beneficial to all I can't see that it will be in conflict with the best development of the property or the ecology of the area. To Mrs. Wilnerl,and there are presently 17 service stations and one ARCO, we are quite conversant with the number of stations we have in the area and the number to serve the public and this is why we would like to be represented on the south side of the freeway, which has limited service for the motorists living on the south side of the freeway, and the people travelling through - we would like to have them spend some of their money here. I don't know where Mrs. Wilner got some of her information, I think we people within the industry are pretty knowledgeable too. I can't see where a service station is going to impede the health and welfare of the residents of West Covina. OVapor escape is a real -problem" as she says,\so take action tonight, deny it!'I believe sometimes that these things, the spoken word should be backed up by real factual. evidence. The clapping of the audience, those people didn't walk here, I can assure you. And Mr. Krause - zoning regulations and the zoning of this property does permit a service station with,the approved permits that are necessary and is not an unbalancing of the development of the area. To Mr. Austin - the ecology problem - 10 ADJ. REG. CaC. 10-19-70 Page Eleven Hearings (UUP #161) again, requiring all tanks underground, vapor loss retaining and preventing such loss to enter the air, etc., I think these were covered very adequately in some of my previous remarks. And to the younger generation - David - believe me all of us people in our industry are not capitalists in one sense of the word, we are interested in giving a service to the motorist to make things really go and not interested in more pollution. Gentlemen, I could go on and on, I do thank you for your time and ask your consideration in the manner in which your staff recommended approval, and I am sure that they gave it a great deal of study before they approved it on the basis that they did. Thank you very much. THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Lela Preston: Mr. Mayor, we received three letters in opposition that came too late to be included in the agenda material. (Read letters from John R. Cox, 2727 Vanderhoof Dr., West Covina; Mr. & Mrs. Daniel N. Cullen, 3150 Virginia Ave., West Covina; Mr. & Mrs. William S. Berger, 315.3 East Virginia Ave., West Covina.) Mr. Wakefield: Mr. Mayor, those letters together with the four referred to on the agenda under Written Communications, should be received as a part of the record of. this hearing. Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, receiving and filing the seven letters of protest. COUNCIL DISCUSSION Councilman Shearer: Being new on the Council and not around at the time the Ordinance was adopted which placed the establishment of service stations outside of a zone by right, and as one requiring an unclassified use permit, I would like some comments from a Councilman as to the reasons for taking it out of a matter of right and making it a matter of review in each particular case. Councilman Nichols: The basis of the Councils action was pro b- ably a hearing similar in nature as this one, where citizens were expressing their feelings and the Council became convinced that the establishment of a service station was in each individual case a matter of public policyjand that the Council therefore decided to withdraw the service stations as a use by right in a given ,zone. The implica- tion of that would be purely and simply that the granting of prior usages for service stations in any given zone does not necessarily establish precedent relative to any future applicationsibut each must stand on its own merits in terms of the public good and _so the Council might see that good at the time of the application. Councilman Lloyd: I think that my personal stand with regards �t to service stations is fairly well establish- ed and known. I think the issue at hand here, besides that one of ecology - which.is a very real and clear and present danger and all of us)as citizens of the dynamic urbanization of our area, have to be aware of it. If there is any doubt in the mi`rids of anyone, I am traditionally against the establishment of gas stations for the simple reason I feel we have had a number of service stations established in West Covina and they were mainly poorly planned locations - but not always, and I think that having been in some instances poorly managed and that has not always been the case either - but they are empty; so in the final analysis what we are really talking about this evening is whether or not there should be a service station in this area and I am quick to admit if you are going to put a service station anywhere this is probably - 11 - ADJ. REG. C.C. 10-19-70 Page Twelve Hearings (UUP #161) as good a place as we would have in the City. So I think what we are really talking about is w- do the people want it? I think it has been clearly established at this point and in the fact that as long as I have been on this Council, I have honestly never seen anybody that resides near a service station come in and ask for the service station on the basis of that need; and at the present moment we have a group of people who are here saying they do not want it. In going a step further) we had an application about three or four"months ago by Standard Oil for a station south of the freeway near Grand and Holt and we have had two applications besides that - I don't remember who the requestors were - Union, I believe was one, just north of the freeway at Grand and Fairway Lane, and indeed those two stations were established and exist over there on Grand Avenue. We have a great number of service stations to serve and we have had no. requests on the part of the people and I agree this is a profitable situation for the parties that want to go into it. I find no objection in my mind for Mr. Delay to ask for this type of a business establishment, I think it is a reasonable request on his part. I also think it would be unrealistic if Mr. Whiteley were to appear here tonight and say - well really this is not a good idea. In reality, if you take the overall picture of what he faces in the total of California as a real estate agent for the corporation, indeed this one service station really does not overall involved] make much difference one way or the other in regards to ecology. So from that point of view it would appear that maybe we are making a great deal of fuss over nothing. I don't think so. I think we have to respond to the desires of the people of the area and they have not indicated an overwhelming desire for additional service stations. I would like to place myself on record as saying we face a very difficult, .hard situation in our society with regard to ecology. There is no question about the fact that smog devices are getting betterhand the very elements which have been changed as a result of the improvement in smog devices on automobiles - that of changing the device over to a higher concentration in percentage of the hydrocarbons that these hydrocarbon -vapors can be carried by the wind right back here to the East San Gabriel Valley, and while downtown Los Angeles appears to be clearing up the people out here seem to be suffering worse from a different form of smog. I think we have come to a series of questions, and the question is simply this - if not here, where? And if not now, when? And if not us,, who is going to do these things? I think we do have to have gasoline for our cars, no question about it, our economy moves on it, but I am not honestly convinced that with 15, 16, or 17 service stations here, that we are depriving anybody the right to serve. I recognize these are all franchise outfits - maybe there is even a limiting factor as to buying a franchise as a result of say another AR.CO station having already been established, but these things I think are secondary, I think the major elements, and this is why I am asking the Council to consider and vote "no" on this, the major elements are two -fold. One, indeed we do face a very serious problem in the area of ecology. Two, we also face the demand of the people at the present moment, not so much against it but they are not simply for it. It may be in two years, five years or ten years, that this area will require a service station and when that time comes, if there is a crying need for it, we will have the.opportunity to do it, but let's wait and see where the crying need is, and that is why I am asking my fellow councilmen to vote against it. Councilman Young: I had a few questions that came into my mind, I think what we are doing here in approaching this problem is approaching in a large measure in what was heard, with the exception of the pro- ponents, has been almost an entirely emotional approach to the problem. And, I am not sure that government by emotion is proper - .12 - ADJ. REG. C.C. 10-19-70 Page Thirteen Hearings (UUP #161) government. We are really here in a judicial capacity rather than a governing or legislative capacity, in making this determination tonight. We are, of course, all vitally concerned about the smog problem, air pollution problem - the whole ecology problem. Young Mr. Hido asks about his generation and what we are going to do about it? The five people sitting at this table all have youngsters in that particular generation -Dave, that we love and are concerned with very much I assure you, and so does just about everyone else in the audience that is adult. We have that interest, so we zero in on,a particular application that is brought before us this evening on a parcel of land whichtonce it is cut up by the redevelopment of the freeway, I don't know what if any use could be made out of it. It is a location that is based upon marketing studies* it is suggested by my esteemed fellow councilman that we wait and see what develops. This may be true, if we were looking into the inter -reaches of the City somewhere, but we are not. We are smack on the freeway. No one wants a house there, or an apartment. I don't know if it would accommodate a restaurant or not at that location andithe way it is thoroughly buffered, I don't see how it could possibly have an adverse effect on any specific or general homeowner in the area. We have a situation here where we referred to 15, 16, or 17 stations in the one mile radius - why aren't some of these owners of those stations down here protesting? We are discussing a competitive situation amongst service stations. Is it felt that this location would take business away from the other stations or is it felt there is enough business going out of town eastbound of Kellogg Hill to service the needs? I don't think this Council is indiscriminately granting uses to service stations. I think this Council is in a position at this particular point of reacting purely emotionally in one situation to a problem that has developed over the years. I would gu4ggest that future applicants might consider buying out some of the more undesirable locations and close them down and thereby make a trade. As Councilman Lloyd stated very ably, it isn't so much what we are opposed to, or that we are opposed to it, or do we have a passive lack of desire to it - I don't know. These questions are in my mind and I have not yet decided how to vote. Councilman Shearer: I think first off the question of pollution and ecology in this particular situation, with all due respect to those that have spoken, has been highly overstressed. I don't believe the granting or not granting of a particular permit for a service station is going to have any effect, plus or minus, on the quality of our air. As stated before, I would like a show of hands of everyone tonight that got to this meeting some other than a motor vehicle? (4 hands were raised.) I hear a man asking what has this got to do with it? I think what this has to do with it is, we as citizens having free choice - I have a bicycle at home and I could have used it and gotten here in .about 15 minuteso I didn't chose to do so. I think the furor that would be raised if all gas stations were closed in this area for a 24=hour period would be something to behold. I don't think it is the obligation of the City Council - and again with all due respect to those people that I A spoke, some of my friends that I have known for quite sometime but this doesn't mean I always agree with my friends, I don't always agree with my wife; so I think the job we have here.is a matter of zoning - determine what is the best use for this particular piece of property. I don't believe a moratorium on service station con- struction would in any_ -way affect the ecology of this area. So let's look at the piece of property and that is what zoning or an unclassified use permit actually boils down to - what is the best use of the property? Is it good or bad zoning? Is it proper or improperly located? The fact that there are X number of stations elsewhere I think is perhaps somewhat relevant but not completely. When we look at the layout of the freeway -oriented service stations - 13 ADJ. REG, C.C. 10-19-70 Page Fourteen Hearings (UUP #161) from Puente to Grand Avenue - we have roughly a half a dozen. There are others within the area that I would not call freeway - oriented but some distance away. You look at the piece of property itself, it is adjacent to a future freeway interchange, it is buffered by a channel, a fire station, and it is immediately south of the freeway. I don't feel that the area, with the development of the service station as proposed architecturally and under the conditions of the permit must be developed in this manner, -issuch that it will present an eyesore. I feel the piece of property in question is suited for a service station and I feel that is our sole factor in this, and therefore I am stating my position in support of the use permit application. Councilman Nichols: One thing that becomes increasingly clear as these discussions go on - Mr. Mayor, is that each Councilman is pretty darn well going to make up his own mind. I don't agree at all with Mr. Shearer's thinking, which is probably why he is -.here, because he expressed himself very well at the last campaign and was elected by a very substantial margin. It is true the location would be a good one for a filling station, but I hardly think that the fact that some- thing would be good in some spot is really the sole criteria as to why something should be somewhere. I could be very clever and re- cite all kinds of examples to support that thesis, but I think all of us can understand there are many uses that would fit some_p.lace but would be quite offensive to some people for various reasons. As far as the use of the property is concern- ed, I can't honestly visualize in my mind how this particular parcel of land will be situated when the freeway is completed, and perhaps for this very reason the determination of a use at this time might not be in the best interests of the community. Also, I don't think it is the responsibility of this Council, or the citizens who have elected us to the Council, to provide service for people on the San Bernardino Freeway. I think the first concern the Council has is to think in terms of the citizens who have elected us, and I am overwhelmingly convinced that the vast majority of the people of West Covina believe passionately we have enough filling stations in the City. This maybe incorrect, but at this stage I am not inclined to argue. In facttit would be my judgment that a number of stations that have developed lately in the City have not developed at all on the old free enterprise competitive basis, but on a basis of a felt need within the Company to gain identification within the market area. I rather suspect that all of the stations that will easily turn over in West Covina and change management, can attest to the non-.ecomonic advantages of stations in our City today. The first criteria we must consider as'a Council for granting a use is "need". This is true in all uses that come into our City. Is there a need in the community? I don't believe there is a need in the community for additional service stations. I believe the time has come when West Covina city government needs to say we have enough service stations. I have heard the Council say we have enough Taco stands, we have enough of this and that, and I do think there is enough filling stations here. The future is going to have to prove awfully hard to me that there is a need before I am going to support any service ,r stations in the City. I would certainly support.the upgrading of existing stations, but I am inclined not to vote for additional ones in our community. Finally, the burden of proof is not on the citizens of West Covina, or the Council, to make the use of Mr. Dela.ye's property a possible one to him. Mr. Delaye has owned the property for many years, he has had many opportunities, even - 14 - ADJ. REG. C.C. 10-.19-70 Hearings (UUP #161) Page Fifteen before the San Bernardino Freeway came -along, to change the use of his property, or to sell it, and I wish him well and I hope he makes a great profit on his property, but that will not be my consideration in determining what my judgment will be in determining the use of this property. So for these reason' because primarily I cannot feel there is a proof of need for an additional station in the City, I will cast my vote in opposition. Mayor Chappell: I am not either for or against gas stations in the City. I feel there are locations where they are needed and other places where they are not needed. We are looking at a piece of land and talking about a freeway that will be widened in the next two years, and one of the things that bothers me most as a Councilman, is to have had somebody vote for zoning two or three years ahead of time. When I first came on Council and I saw certain things happen that I was violently opposed to and that actually happened prior to my coming on Council, and I found there wasn't much we could do about it because of its previously being zoned, well I don't feel we should zone this site until the freeway is completed and give the land developers in the area an opportunity to perhaps figure out something better than'a service station for this site. As well as taking into consideration the other area on the map. I oppose two, three, or four years zoning on something that may or may not be developed, and in that time we may find something better for that location. So for that reason I will oppose this and not because I am against service stations, because I have voted for them and against them. I will cast my vote at this particular time in opposition to this use permit. If there are no further comments by Council, may we have a motion? Motion by Councilman Lloyd, seconded by Councilman Nichols, that Unclassified Use Permit No. 161, Atlantic Richfield Company, for the property located at 3032 East Garvey Avenue, West Covina, be denied. Motion carried on roll call vote as follows: ASS: Councilmen Nichols, Lloyd, Mayor Chappell NOES: Councilmen Shearer, Young ABSENT: None THE CHAIR CALLED A RECESS AT 9:14 P.M. COUNCIL RECONVENED AT. 9:27 P.M. (Due to the number of people present interested in Item 4 of the City Manager's agenda, it was determined by Council to take this item out of context and consider it at this time.) - 15 - ADJa REG. C.C. 10-19-70 Page Sixteen CITY MANAGER FREE CLINIC DANCE REQUEST Council cognizant of as listed in report dates and sites have desirability. Mayor Chappell: Mr. Aiassa. You have a`staff report stating the provisions we would like to make 'n granting the request. (Read six conditions dated October 16, 1970) I believe the alternate been listed and each site is indicated as to its I think you might give us some facts as to the cost to the City before you complete your oral report. Mr. Aiassa: The Police Department has indicated that this event will cost upwards of $1,500 for addi- tional patrolling and preparation. Other miscellaneous activities such as lighting, staff time, clean-up and possible damage to City property are not anticipated to run higher than $500 for a grand total of approximately $2,OOOo Councilman Young: Has a determination been made as to the present legal status of this group? I know it was stated last week that Mr. Erickson, Attorney, is taking care of the incorporation soit will exist as a legal entity. Does anyone know the progress of that? Dr. Scott: At present he is filling out the papers and I believe they will be completed tomorrow. Councilman Young: It will be a corporate entity before this event takes place? Dr. Scott: I don't know all the legal procedures. Councilman Young.: because the City is Mr. Aiassa: this program to take Dr. Scott: Councilman Young: Miss Gonzalez: Councilman Young: tion and that the I just hope so. What kind of control or check is there on the handling and disposition of, the funds? I ask both of these questions asked to participate to some extent'. We have not gone into that phase of the pro- gram. We figured that would be a condition that Council could establish if they allow place. The money would be turned over to Bernie Bregman.. who is on the steering committee and the money will be disbursed under appro- priate signatures. Then there will be appropriate control on the issuance and sale of tickets and the ultimate accounting kept of the proceeds? Yes. I would suggest any approval we grant be subject to those particular conditionsD namely the corporate status of the organiza- finances be properly controlled as suggested here. Councilman Lloyd: (Asked that Scott Danforth,Miss Gonzalez and Valerie Veriety step to the microphone) The Council felt when you first came before us that while we were favorably disposed to this type of activity, we thought you were coming off the, ground a little fast© Now have you solved the problems such as Councilman Young stated - the legal entity; how you will collect the money; and to whom does the money go? Miss Gonzalez: We have had donations coming in to our - .16 ADJ. RED. C.C. Page Seventeen CITY MANAGER (Free Dance Clinic Request treasurer and we have kept accurate bookkeeping of all the funds, Councilman Lloyd: I understand staff has recommended that you hold the event at Orangewood Parka Is that satisfactory to you and are you all set to go? Miss Gonzalez: Yes. Councilman Lloyd: It seems to me you have adequate supervision and there are protective devices stated here and I am pleased and flattered that you would come to the City Council in the first place, and you have my wholehearted approval, for whatever that counts. Mayor Chappell: One question. How much are you planning on making? Miss Gonzalez: We hope a 'thousand dollars. Mayor Chappell: You are going to. make t, $1, 000 and we are going to spend $2,000 to police this and keep it organized. Scott Danforth: We were planning on charging $1.00 per ticket/ but at various times during the performances people will ask for donations during the performance and in these two ways we hope to make more than $1,OOO. $1500, would be a conservative estimate. Mayor Chappell: I didn't see anywhere in here where cokes were to be dispensed. Are you planning on refreshments? Scott Danforth: We are in the process of contacting the Coca Cola people to bring a truck in and provide the drinks, which we understand they do. As far as doughnuts and things like that, these things will be provided by people on the Committee for the dance. Mayor Chappell: But you do plan on having refreshments? Scott Danforth: Yes,and we do have a Committee set up. Councilman Young: Mr. Aiassa, this $2,000 estimate you have, that is an overhead type of estimate? Mr. Aiassa: The main portion will be about $1,000 and this will be to cover police reserves, etc., depending on the turnout, Councilman Nichols: On Thursday night of last week, at my school, we held our annual barbecue and we had 825 buying dinners and another 200 hangers-on and there were no officers anywhere around and it didn't cost the City anything. I am not advocating that there be no officers or that this activity should not cost the City anything, but I would hope that the development of the plans would indicate that the need for extensive salary costs for supervision and clean-up would be minimal. I would like to think the young people of our high schools and our community could come to Orangewood Park and hold an activity and clean up their own mess and behave in such a fashion that a relatively minimum of our own City Police Department would be involved. So that there would not be a cost to the City. However, if there is a minimal cost to the City I would rather expend that and encourage the young people to raise funds of their own -rather -than make -a simple donation. Sometimes I think we tend to over -react in terms of what we think is necessary supervision amy,time a group of young people come together and I think I would rather go on the basis 17 - ADJ. REG.,C.C. 10-19-70 Page Eighteen CITY MANAGER (Free Clinic Dance Request) With our own young people in our Community of under -reacting in the full knowledge that we have ample resources to call upon for mutual assistance and other devices on a moments notice. So I would hope our city staff will not over -budget this account and come up with this thousands of dollars figure of costs. I would like our young people to demonstrate for us in this type of activity that our trust and faith in them has been totally and fully placed and I am all for this. I am sure it will be a fine activity and will not be disrupting to our community. Scott Danforth: On the issue of security measures - did any of you receive the Operational Procedures of the Dance? (Mayor Chappell advised they had) Covered on Page 3-a, it lists a first aid station that will be provided and on part b, it says a minimum of 30 adults and 40 youths will be on hand to act as a control unit. They will be organized with white arm bands and this type of thing and we hope to use this as our ground control. Councilman Nichols: Mr. Mayor -- and in all deference to this young man and in no way a discourtesy to you, but I don't think it is the function of the Council to sit here this evening and deal in all of the details of this affair. We have established the policy and now it would be up to our motion to set such controls,as we desire and then allow the city employees to meet the representatives "and finalize the plans for the activity. I think we can get awfully involved with the details which are interesting enough, but not really in our area this evening. Councilman Shearer: I concur with Councilman Nichols. I would hope that the city staff .would not over- react. I know there is a tendency to do"so when you look in the paper and read what,has happened elsewhere,..and I would trust this would not turn into something of that nature. I think.if we give a vote of confidence to the students and show them that we believe they can produce an activity which will be profitable to them and something we can be proud of - I say take the chance - but I don't really want to put it in that term. I think the odds are for us. If you present it to them on the basis this is your activity, whether it is successful or not will depend on your efforts, with a minimum amount of effort and interference from the so-called establishment, and the last word - which is the success or failure of this activity, and hopefully it will be a great success, is going to have a great deal of bearing on future activities both from your standpoint and ours. So I wish you the best of luck. I don't think I will be there because my ear isn't tuned to that type of music, but I might drop by and say "hello" and I am all for this endeavor.' Motion by Councilman Lloyd, seconded by Councilman 'Young and carried, that the dance request for November 6, 1970, as outlined in staff report and the Free Clinic Operational Dance Procedures be approved. Scott Danforth: Mr. Mayor - if I may. I would like to 1 thank the students and all the people that • came down to support us and Council. Thank you. THE CHAIR CALLED ..A RECESS AT 9.50 P.M. COUNCIL RECONVENED AT 9:57 P.M. ORAL COMMUNICATIONS Steve Gorman It is rather difficult why I am here Associated Student Body tonight, at least difficult explaining Senator - Mt. SAC to you the specific purpose. I am here - 18 - ADJ. REG. C.C. 10-19-70 Oral Com. (Steve Gorman) Page Nineteen representing my college - the Associated Student Body, I am Student Senator, and in our Convocations Fund we have $10,000 for paying for speakers. There have been several names submitted to the Convocations Committee and these people represent different aspects of American Politics and there is a possibility of bad community reaction. What we are attempting to do now is go to the community and tell them about the speakers and the platform they will be speaking on. The speakers are William Kunseller; Ronald Reagan; George Wallace; Senator Mark Hatfield; and the Reverend Ralph Abernathy. Nowlall five of these people do present a potential for some kind of reaction from the individuals of the community. As you recall last semester we had Angela Davis come on our campusand we had some unfavorable community reaction. We are only attempting to avoid this type of reaction from the community again. These speakers are paid for by the students through the sale of tickets. What we are trying to do,besides advising the community of the speakers and that they will be speaking on a legal platform, meaning they. will not be allowed to advocate any type of violence which would refer basically to William Kunseller, he will not be permitted to advocate the violent overthrow of the Country, the State or the community. I think basically what we want is some type of reaction from this City Council as we have received from the Pomona City Council, LaPuente City Council and the Covina City Council, and we are going to the individual citizens groups in trying to get right down to the citizens. Are there any questions about this program? Councilman Lloyd: Steve, are you aware of the fact that you have a legislative body which is duly elected for your college? Steve Gorman: Yes, I am. Councilman Lloyd: Do you realize in coming here and asking this body which has no authority - what we speak for here is only what relates to this City. I understand what you are trying to do.and I find no fault. From a point of view of an academic involvement, whether -it is Kunseller or Wallace, there is no question in the fact that this is an excellent academic endeavor and I find no fault with it. But for me, as a member of this Council, in My way to say to you any words of encouragement, other than in the academic vein, I honestly feel that I am jeopardizing very seriously a function of the legislative body which has been duly elected to administer the policies and then you have an Administrator at that school who would indeed administrate. I would tell you only this, and I really don't want to discourage you from what you are doing because I don't think you have -done it wrong, but I think you may be causing us/as a judicial body/to go on very thin ground. We do not have the authority, in no way. If we were to say one thing which in any way would bring a situation about at that school where there would be any upheaval of any sort and say Mrs. Mills, President of the college would turn around and say to me, as a Council you approved this - - I would have very little defense at this point. Frankly, I would feel the necessity to then turn around and say to my City Manager here - in the same way - you contact someone at the school and see if this is all right. Mr. Aiassa, as you heard tonight) talks about funds, which is his decision. We approve a budget and from that moment forward we do not have the right to arbitrarily spend a dollar here or there. Literally the five men.up here do not have any dough, he holds the, purse. The same thing would hold true when -we say'�do these things; we are usurping the authority of the administrative processes. - 19 - ADJ. REG. C.C. 10-19-70 Page Twenty Oral Qom. (Steve Gorman) I agree with the academic endeavor, and I say that as a person interested in academic endeavors, but I wouldn't want to be involved in the statement whether so and so will appear at your school, I have no authority to say that, or of any other person who may be the focal point of some upheaval. I find this distasteful because we make tough enough decisions up here and you are bringing me problems that I can't really solve. I can say if it meets with the approval of your academic body, which is the legislative body elected and with the administra- tive body and with your teachers and your heads of department, if that is the way you people want to do it,be my guest. But to ask me to give you a stamp of approval' And I would indicate one more thing -that I am a person that teaches political science at Mt. SAC, and as such I simply cannot go out on the limb on such a thing. Steve Gorman:- We are fully aware this is not within your authority; however you being five individuals we know you will have some type of opinions on this. We are just trying to build some type of ground to stand on when we approach the Board of Trustees, and we can say there will not be an unfavorable community reaction. We feel we can control the student portion of the reaction to these speakers: we do feel we can control reaction of various student�_groups on our campus-, however if I were to go to the Board of Trustees,having not gone to the community first, their immediate reaction would beyunfortunately, "We cannot approve this because of the potential of bad community re- action" It is my responsibility, unfortunately, the student government's responsibility to prove that there will not be an un- favorable community reactio% because they will not on their own go out and try and build up some type of case, so we can present the speakers. We are presenting the program; thereforei we must present something to back up our statements that there will not be a bad community. reaction. We have had an article in the Los Angeles Times and we will have an article in the Valley Journal and in this way we hope to tell the community and get some type of reaction. We are simply trying to build a case and we are asking for your opinions. If you want to talk about this as an academic endeavor, that's fine. Any type of reaction, so that later no one, after the fact, can come back and say J`Well if I had been allowed to give my opinion on that., I would be totally against it." I would rather this Council say we are definitely against it, even though it is outside of our jurisdiction, because then you have taken a stand and we can definitely anticipate what type of reaction if something were to go wrong. We don't like to walk blind in the dark. Councilman Young: I think I would have to concur in some of the remarks made by Mr. Lloyd, perhaps not all, but I don't think it would be the proper function of the City Council of West Covina or any other City Council to become a pressure group, and this is not meant in a negative sense, but I think personally you have.. -a program here that represents a lot of different views and I am sure the students at Mt. SAC are mature enough to listen and gain something from all of them, but for this City Council to become a pressure point to another governing board, I think would be a'highly improper function as an official act. If the Board of Directors of MT. SAC desires to l come to us and ask _ they are the elected authority there and we are the authority here. My personal opinion is that beyond that I think it would be very improper for us to act. Steve Gorman: M.T. SAC is a community college, it serves Covina, LaPuente, West Covina and Covina, and you have X number of students at that college that come from your City, which not only depend on the Board of Trustees, but also on you, because they are not as responsive to a certain number of people that they represent. Councilman Young: These are matters that would be for the electorate to settle then, but not the Council 20 ADJ. REG. C.C. 10-19-70 Oral Com. (Steve Gorman) of West Covina. Page Twenty-one Councilman Shearer: Regardless of how we might vote here this evening if we would so vote, you are talking about unfavorable community reaction and we might vote ages" we are all for this program, and we might specifically name the individuals, but this in no way would guarantee a positive community reaction. We have had actions on this Council before that didn't receive wholehearted support on the part of the Community. I think you need to take your case to the people as a whole through newspaper articles and so forth. I don't feel I could take a position one way or another. I know at one time or another I have disagreed with all the gentlemen you named and possibly have agreed at times. So to say I am for or against any one of these particular individuals is not for me to say. I think the final decision should be the Board of Trustees of the college and,hopefully,whatever that decision would be the students would accept it and abide by that decision. Steve Gorman: In answer to one point. We are .taking this also to lower. levels,:. -than City Council as such, but we are not trying to avoid any aspect of community communications.- In other words we are talking to you because besides being City Council you are citizens of this City and you are very prominent citizens-, therefore ,your opinions do have some type of effect on the people. Your decisions are in some cases honored more than other citizens. I am not asking nor is the student government asking for any official action -just your personal reaction to this program. Councilman Nichols: I concur that the Council mas a Council should not vote on this matter. If what the young man is seeking is personal opinions I think each can give a personal opinion. In terms of influence, as I re- call and I am an alumni of Mt. SAC/,at the last controversy, I said nothing. I just kept my counsel and I think a good many prudent people did just keep their counsel. But you come and say you want an endorsement of the program, you want an analysis as to whether we think it is balanced and educational. And that seems like quite a lot. I don't think it is balanced. I think it is educational. I wouldn't endorse your program and I don't think there is anybody on this far enough to the right to offset Kunsellero You wanted an opinion and I will tell you that, and probably there will be some that will feel that way and some that will feel another way. When you ask an individual that type of question you are going to get him to respond in terms of his own passions, his own con- clusions. You have a very controversial group and I am sure it will be that way no matter whose opinion you get., Steve Gorman: Perhaps there is something to be gained by finding out what personal biases there are; therefore, we can find out what we are capable of having and what we have not. Councilman Lloyd: Mr, Mayor, I think we have gone over the a matter. I don't feel like referring it to J staff or doing anything. I would encourage the young man to continue his endeavor of education, I find no fault with that whatsoever. As a Councilman, if I am asked to vote in 4ny waY9my answer is I don't wish to be involved in this question because I don't have the authority or the responsibility. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, to receive and file. Mayor Chappell: I might say we have a press representative in the audience. I think they get the general viewpoint of the Council. I might personally talk to two or three of your Board members, whom I know, - 21 - ADJ. REG. C.C. 10-19-70 Page Twenty-two ORAL COM. (Steve Gorman) and you are getting the word out,,and I think you will get some playback from our Community. As indicated, our Council will not endorse this, but a good many of our citizens are sitting in the audience and I am sure you will hear. We have a motion to receive and file your letter and we -thank you for coming under Oral Communi- cations. If you have anything else like this, come by and keep us informed. I think that is really what you are trying to do anyway, and I believe you have accomplished that. Steve Gorham: Thank you for your time and seriously, I did not want to put you on the spot in any wa,y. Councilman Shearer: As information, how many of the speakers have accepted-? Steve Gorman: Ronald Reagan has accepted a personal .invitation from one of the students,, Ralph Abernathy has, I am fairly positive, accepted. And as for the others I am not sure because the Convocation Committee which is a student faculty, has sent out the invitations to these people and arranged for the monetary fee, so I have no way of knowing. I only know all these speakers are subject to approval by the Board. Mrs. Bernard Wilner.. League of Women Voters East San Gabriel Valley:. P.O. Box 628 West Covina Revenues section of the I am speaking as the Action Chairman, in place of the President,, and I would like to read into the record our reasons for asking Council to make a Resolution in favor of Proposition 18, the amendment to the Motor Vehicle Taxation and California Constitution. Councilman Lloyd: Mrs. Wilner, a point of interest, were you planning on reading the whole thing? Mrs. Wilner: Yes, I was. Councilman Lloyd: Couldn't we just accept its I am in con- currence with you, but the hour grows late and when you go we are still here, and there are people in the audience that have waited- a long time and maybe I am being unfair.... Mrs. Wilner: I wanted it in the record so everyone would be aware of it. Councilman Lloyd: I will be more than glad to make a motion to enter it in the record, unless I am in some way taking away from you that which you want. Councilman Nichols: I don't really concur - that every time an individual determines for h mself in the Community that they want posterity to have a 'verbatim account of their remarks that the City Council is 1 obligated to enter the remarks in the record. If that becomes a tradition and a concept, we have allowed and perpetuated a device that literally can..paralyze the mechanics of creating accurate records. Even our Minutes Clerk does not take word for word the statement of each of us as we talk on matters, and I don't think an individual citizen should have a greater access to' the public record than the Councilmen. So I would think if just the gist of what is being said is recorded it would be adequate. 'So in that instance I couldn't concur with Councilman Lloyd that I would make a commitment to have all of these words put in the minutes of the meeting verbatim. So far as the reading of it, I concur with your sentiments, but I defer to the lady that it is her right to read it in full extent if she so desires and feels that is in the service of the cause. - 22 - ADJ. REG. C.C. 10-19-70 Page Twenty-three Oral Como (Proposition 18) Councilman Lloyd: May I point out that normally we -grant three minutes on these things., Councilman Nichols: That is another basis. Councilman Lloyd: I am not saying we should hold her to it) but as long as this is open for discussion I do say her reading it into the record - and I happen to be in concurrence on it, but the point I make is are we accomplishing that much by doing this? The purpose is she wants us to understand their stand on Proposition 18 and we have all read it. Mrs. Wilner: May I skip the background and get to the purpose sections? Councilman Lloyd: The point I make is how much longer do you want? Mrs. Wilner: I think I could do it in three minutes. (Mayor Chappell advised that Council all received a copy of it and had read it.) Mrs. Wilner: If you have read it and it will be summarzied as to our arguments for it, so that other citizens will know why Proposition 18 should be passed, I will leave it that way due to the hour. SUMMARY OF PROP. The League of Women Voters states Proposition 18 18 will not raise taxes; explains what can be done with monies already collected; it will allow citizens of local transit districts, cities, or counties to hold an election at some future date to decide whether or not they want 'to use up to 25/ of their share of state highway monies to lay concrete for highways or build a transit system to alleviate the road congestion and reduce the moving source of maiming air pollution. The Federal Government is considering support for transit in communities on a two for one basis. The other aspect of Proposition 18 is that it will allow the legislature to enact legislation that will allocate some monies from the Motor Vehicle Fund to be used for the control of environmental pollution caused by motor vehicles. Other organizations backing this-. Planning and Conservation League,- Tuberculosis and Respiratory Disease Ass°no; Council for Planning & Conservation; Stamp Out Smog; Clean Air Now, - Los Angeles Times; Greater Los Angeles Chamber of Commerce; American Association of University Women; Sierra Club; Eco Action of the Textiles Apparel Industries; and numerous others. Mrs. Bert Bergman As a citizen and resident of the Mount San Leaf Avenue Antonio College area, -May I request that the West Covina dialogue concerning the request under Oral Communications be sent as a transcript to the Board of Directors of Mount San Antonio College. If this is not proper for Council to send, may I have copies to send them myself, as I believe they should be apprised of the discussion, not orally, but by being able to read the discussion in the minutes. (Council agreed.) i Richard Miller I am a representative of the Sierra Club, East 910 South Fircroft St. San Gabriel Valley Chapter, here to speak for West Covina Proposition 18. First of all the Board of Directors of the Sierra Club, which is a national organization, at their September meeting voted in favor of Proposition 18. I personally like it because?as a freeway user and highway user/I would like to think that my tax money will not only help clean the freeways but will create the solution to the problems the highways create - that is a curb to pollution and a seeking of altefnate solutions to the transportation problem. - 23 ADJ. REG. C.C. 10-19-70 Page Twenty-four Oral Com. Ruth Miller I am here representing the West Covina 1309 South Shadydale United Methodist Youth Group. On the 31st West Covina of October they would like a.permit to go out collecting for UNICEF. (Discussion by Council that this type of permit is usually first referred to staff for clearance on the organization-, Mrs. Miller pointed out there was a shortage of time involved.) Councilman Nichols-. Mr. Mayor, I think that UNICEF and its purposes are reasomably well established and if one does not get deeply imbedded in the many implications, I think it is something that at least would not result in irreparable harm to the community, and I feel Council could tonight direct and authorize the City Clerk to issue a permit for solicitation as requested, and I would so move. Seconded by Councilman Lloyd. Councilman Lloyd: Mr. Aiassa, is there any problem as far as staff is concerned? Mr. Aiassa: On the surface I don't believe there is any problem. Mrs. Miller might contact us tomorrow. Motion carried. Councilman Lloyd: Mr Mayor, one further comment. I think in fairness to staff that hence forward any of these presentations should go through them because they may have some comments pro or con, and I really feel we do an injustice to staff when we take care of the problem in hand. Vern Austin I wish to thank Mr. Wakefield for his .letter P.O. Box 709 and I appreciate his opinion with respect West Covina to the letter I sent on the 12th of October to the City Council. I feel, however, that maybe the last paragraph might have been overlooked as pertaining to whether or not Umark was a utility, if not in being, in intent. And'then I mentioned that they had used the city streets for the construction of the water lines. Mr. Wakefield refers to Section 216 of the PUC C.o.de:"defines a public utility as including any water corporation delivering water to the public. Whether or not a corporation is a public utility is determined primarily by the fact that it holds itself out as being engaged in the business of supplying water to the public or to some limited portion of the public." And then he cites a case before the Railway Commission that was a predecessor to the PUC at least 40 years ago and I would be very much. surprised if the PUC hasn't something more current in determining what a water utility is. That is my only statement. Marilyn Downs I have -written a letter and I guess the Mrs. Bill Smith Traffic Committee is going to report on it. West Covina I don't know what to say because he hasn't 14#reported yet, but from what he has given me 1 so far, we want it to be known that more should be done on this thah what they state. This is with regard to a traffic control at a school crossing walk at Durness and Evanwood. It seems to be kind of a freeway, especially around 3 p.m., when kindergarten children are getting out of school. I believe they now havea sign up saying it is a school crosswalk% it is just a yellow cross- walk and.,from Evanwood going straight across the way the children goPit is just a narrow fenced area. Until my child started going to kindergarten I wasn't aware that this was a school crossing. I had seen the yellow lines and I would slow down but I was not aware of looking for little children there and I think it is a very serious thing and I hope the pre -.-toddlers who live in my block will still be around five years from now going to kindergarten too. Thank you. - 24 - �7 ADJ. REG. C.C. 10-19-70 Oral Com. Page Twenty-five Floyd Morgan In principle I agree with Mr. Austin's 748 South Broadmoor comments or his general philosphy West Covina opposing the Water Company for West Covina. I must concur Mr. Wakefield is quite accurate; Umark is not in any way a utility and does not come under the jurisdiction of PUC. There is one alternative that has not been brought out. The City and several of the Councilmen have voiced the opinion that if it comes down to a matter of whether the City of West Covina goes in the water business or Rowland -Area Water District taking over the system that they would prefer the City. Besides the City, Rowland Area and Suburban, and I am not advocating any particular individual, let alone Suburban, but there is also another aspect, that water can be supplied quite readily by Umark establishing a mutual water company, if they so choose. The prerogatives are quite wide and I just wanted to bring up that one additional point and again voice my opinion against West Covina going into the water business. CITY MANAGER UMARK WATER SYSTEM Mr. Aiassao ACQUISITION answer any of the questions Council We have a letter presented to City Council from Umark, and Mr. Patterson is present to may have. Kerry'_ Patterson, v ;This :i,s. in,, the nature of a progress report.: Umark, Inc. and a request for your consideration regard- ing the much -discussed and now omtinued Umark:'Water System proposal. Referetce.has been -:made to a letter,of this date which was delivered to the City Hall -•this afternoon., .1_:will read this letter verbatim, Letter from Kerry Patterson for Umark, Inc., dated October 19, 1970: "Following the Council meeting of September 29, 1970, and the exten- sive discussion of the proposed, --_agreement, and water service to the Umark property, Umark has reviewed its position with regard to the development schedule now under way on the property and the alterna- tives available to Umark for water service. It is our conclusion that the alternatives now available to Umark are:. 1. The City of West Covina 2. The proposed joint service offered by .Suburban Water Systems and Rowland Area County Water District. Accordingly, we have met with Suburban and Rowland to receive their proposals which were offered at the Council meeting of September 29, 1970. On October 15, 1970, this office received a written proposal jointly from Suburban and Rowland. This proposal, as received, was not acceptable to Umark, and Umark is now preparing to respond with an agreement which will outline the minimum terms acceptable to Umark. We assume we can reach an agreement with Suburban and Rowland in the next few weeks Thereupon Suburban must apply to the Public Utilities Commission of the State of California for approval of this agreement and certification of the portion of Umark property in the City Limits of West Covina. These proceedings are contemplated to require several months and the outcome is not predictable. As we have previously reviewed with you,, the need for Umark to have an acceptable water purveyor for the area now under development is urgent. Without such a purveyor immediately available to us the marketing and development on this property will be delayed. Umark therefore respectfully requests that the City of West Covina enter into a lease contract with Umark to lease and operate this water system for a period not to exceed one (1) year, at no cost to the City. The sole purpose of this request is to provide for an uninterrupted marketing and development program and to provide sufficient time for Umark and Suburban, in particular, to confirm their agreement and secure appropriate Public Utilities Commission approvals. In the event that such approvals are not obtained, then Umark can confirm its agreement with Rowland to serve the entire property. - 25 - ADJ. REG. C.C. 10-19-70 Page Twenty-slX _ Umark Water System Acquisition o°If the City Council responds positively, in principle, td, this request Umark pledges its best efforts to conclude the lease agree- ment and the agreement with Suburban at the earliest possible date." Mayor Chappell: Are there any questions of Mr. Patterson? Councilman Young: Has this particular proposal been approached to the parties - Suburban and Rowland - to lease the operation for a year? Mr. Patterson: No, I have not, Councilman Young: With respect to Umark absorbing all the costs then essentially the City would just be the entity which would provide the service in the agreement between Suburban and Rowland? Mr. Patterson: That is correct. Councilman Young: As far as the costs are concerned, will these costs include all of the administrative costs, the hidden costs? Mr. Patterson: Yes sir. Councilman Lloyd: There is no risk factor then whatsoever to the City? Mr. Patterson: That is correct. That is what 00no cost" in final summary means to me at any rate. Councilman Young: How long do you predict it will take to arrive at an agreement with Suburban and Rowland that is mutually agreeable? Mr. Patterson: Presumably within the next 30 days. Councilman Young: Then the lease agreement with the City of West Covina would have termination provisions in it, or would West Covina continue to operate until the PUC gave its approval? Mr. Patterson: That is correct,, and that is the unpredictable element. Councilman Young: Assuming that this agreement is finalized in the next 30 days, can you predict in ball park terms, how long it would take to get PUC approval? Mr. Patterson: I think the best I can do in that regard is to repeat what I said in my letter, that is in several months. And that means to me more than 3 and hopefully less than 10 or 12. I would expect from 3 to 6 months. Councilman Young: Pending the agreement and approval by PUC, is there any other alternative to get the immediate water that you need? Mr. Patterson: First, the time problem is two -fold. The first is the "will serve" letters, which we require today and yesterday, in order to commence marketing of the property. The second, is to preserve the integrity, which means the ownership of the facilities which are now under construction and almost completed, until the final agreements have been approved and ratified. Councilman Young: I take it Umark couldn't operate it because - 26 - ADJ. REG. C.C. 10-19-70 Page Twenty-seven' Umark Water System Acquisition you would have the same problem Suburban has, you couldn't get PUC approval. Mr. Patterson: Exactly. is Councilman Young: Mr. Morgan spoke a few minutes ago about a mutual water company alternative would that approach in any manner assist this immediate problem? Mr. Patterson: We don't view that with any particular assurance. It is true that mutual water companies in years past have been used in real estate development® As a practical matter today they are almost impossible of forming through the PUC because over the years there have been a number of abuses. I assume you know what a mutual water company is - it is owned by the individual property owners who own stock and they run the water system and it has been found that the citizenry at large is ill-equipped to own and operate their own water system and that it should be in the hands of either municipalities or public utilities. They have found that mutual water companies tend to deteriorate quite rapidly once they are turned over to the owners - so to speak. Councilman Young: You contemplate in this agreement essentially that Umark will provide the personnel, the rate structure, etc., and the City of West Covina will simply provide the legal payment under which Umark can deliver water without PUC approval? Mr, Patterson: I was going to say that is one of the alternatives available. It could very well work that way, or the reverse of that, with . the City furnishing such personnel as required with re- imbursement of all expenses involved. I think the underlying thing is the "no cost" and the mechanics we can very shortly work out with your attorney. Councilman Young: The only other underlying matter would be the ultimate cost to the consumer but I assume during this first year there would not be many consumers, but this I don't know. I don't know when Bren Corporation plans on marketing. Mr. Patterson: Their ads say November 1, and they have been advertising for several weeks now. Councilman Lloyd: In other words what you are really saying is that Umark and Bren Company are now in a bind as a result of these continuous hearings and what you want is to get your store open and operating and you don't care who runs the water just so somebody opens the tap and if they pay for it, they get it. Mr. Patterson: I wouldn't use those words, but I can't dis- agree with you. Councilman Shearer: This bind that we find ourselves in, if it takes from anywhere up to ten months - more than three, hopefully less than ten, you would have been in the same bind last July or August, when we first started the negotiations with the City. Is this correct? If you had to go to Rowland as you were talking about at that time. Mr. Patterson: No; Rowland is a public water district. They are not under the jurisdiction of the PUC. - 27 - • ADJ. REG. C.C. 10-19-70 Umark Water System Acquisition Page Twenty- eight Councilman Shearer: I stand corrected. Perhaps this question should be directed to the City Attorney. Mr. Wakefield, are there any provisions that you are aware of on an emergency basis, whereby someone such as Suburban, whereby they could receive temporary certification to serve the area, and instead of leasing to the City of West.Cov.ina it could be leased to the Suburban Water Systems under the same terms and conditions as we are offered? Mr. Wakefield: I must confess I don't know what the answer to that is. The law as I understand it with respect to public utilities/provides that a public utility may serve outside of the area for which it is certified so long as that area is contiguous and some report is made to the PUC. However, I wouldn't purport to be an expert in this phase of the law and I wouldn-:°-t rant toc answer. -the gU6sb!.on because I don't know the answer. Councilman Shearer: Since Rowland is certification by lease to Rowland conditions he would have with the City not required to receive PUC could Mr. Patterson under the same terms and of West Covina? Mr. Patterson: I think the answer to that question is negative, because Rowland as a county water district, to my general knowledge, cannot serve or operate a water system outside of their district, and none of our property is in that district. Most particularly the property in West Covina. We would have to go through annexation to accomplish that. Mr. Aiassa: We would have to go through LAFCO. Councilman Shearer: My closing comment is that in the back of my mind, and I hope this isn't the case, I feel that maybe this was a little step and I would hate to find ourselves in a lease and then hear it said - well we have been in it for 6 months let's take it over. If there is no other way, as I said before, I want to see the development go and if this is the only way, then I would support it but I would hope that we might be able to find some other way - a lease, an emergency declaration by the PUC or something, but if these avenues are not open and we find ourselves in the corner I will yield. Councilman Nichols: I think everything has :changed and nothing has been changed. I think this request has to be placed in context with all that has gone before and said before by Council, most of us individually. None of us are willing or prepared to see a major development in the area of 2200 acres suffer for the lack of water. If it is demonstrated to me that the only way water can be provided in this area without prejudicing the development of Umark, is through the City of West Covina, then I would favor that, but I don't think that question is answered this evening and I think what we need to do is refer it back to staff for analysis and a report back to Council to see if there are any other alternatives and if not, then a recommendation to City Council to accept this. I would have to get to my own satisfaction to know that there was no other reasonable option open before I would favorably move into the system. This is the position I have taken from the very beginning, that we should only be in the water business if there is no other alternative. I would like to see this turned over to staff for a careful analysis of the options. Councilman Young: Mr Mayor, I see a lady in the back with her hand up, who seems very anxious. I was going to suggest and I know we keep departing ADJ. REG. C.C. 10-19-70 Umark Water System Acquisition Page Twenty-nine from orderly procedure, but she does seem quite anxious and maybe we could either change the procedure or call for a short recess. Councilman Lloyd: isMayor Chappell: Clara Slattery 429 Emerald Avenue West Covina water? Would they get A ruling from the chair. I will allow you one question. At the last meeting the problem of meters and things came up and would Umark put those in or would :that be for the City to do, and where would the City of West Covina buy their it from Suburban, or where? Mayor Chappell: They have a feeder line from Metropolitan Water District which will bring the water down to the site. No cost will be involved as far as West Covina is concerned. The meters will be put in by Umark. Mr. Patterson - I believe this was told to me before, that there is a law that says they cannot sell this property until water is adequately provided? Mr. Patterson: The California Real Estate Commissioners control the sales of real estate in the State of California, and as part of that control a proposed developer and seller of property must file and ask for a public report. Since a public report must be issued to not only the developer but to each prospective purchaser and the receipt signed, therefore the application of that report is incomplete until the name.of the water purveyor is not only filled in but the Real Estate Commission then verifies the accuracy of that statement with the PUC, or the Secretary of State Corporations, or wherever appropriate, and they don't just take the applicants word that he is in the water business. Thaty in effect means therefore that until such acceptable water purveyor is on the scene, no sales can be entered into, no deposits taken and no .agreements written up. Mayor Chappell: If we were to enter the agreement who then would verify that we were furnishing water? Mr. Patterson: The City of West Covina is a recognized entity. I think there has been ample testimony from your Attorney that you can at your immediate decision enter into the water business and that is all it takes➢ for doing it for a day, week, a month or forever. If you say you are in the water business then no one can say you are not. Councilman Young: It seems like there is a tremendous time urgency here � when is our next meeting? Mr. Aiassa: November 2nd. Councilman Young: I would suggest that in referring to staff, which I think would be proper, that we hold another adjourned meeting this week, if possible - Thursday or Friday, late afternoon; and give staff a chance to go further into it. Councilman Lloyd: Mr. Mayor, I believe another gentleman in the audience has put up his hand and since we accorded one, we should probably accord another. This calls for a decision from the Chair. Mayor Chappell: This man is from Suburban and he may have some information that will shed some light on this. - -29 - ADJ. REG. C.C. 10-19-70 Page Thirty Umark Water Systems Acquisition Councilman Nichols: I think it would be appropriate if we were going to take . action of this type to open this matter and make a public hearing of it) that it should be a hearing that would invite participation of all that would like to speak. I think we are establishing a hearing situation through a back door, which I don't wholeheartedly subscribe to'.. The Chair certainly has the right to recognize anyone in the audience but this is not a hearing and in recognizing people that desire to make comments before the Council it can become a very laborious procedure. Councilman Lloyd: Mr. Mayor - I will solve that procedure by saying Mr. Hannon., will you come .up and answer a few questions for me? Will you tell us what the position of Suburban is in regards to the informa- tion just presented? Mr. Ha;.nnon: Suburban has water available at the Suburban Water Systems present location of the development and is serving the construction water to the project. If Mr. Patterson would make application to expand service to his development I am sure we could get the matter settled very rapidly. Thank you. Mr. Aiassa: May I answer that.for the Council? PUC will issue a notice of service to anyone, they call it an "advise letter": Mr. Zimmerman checked with the PUC today but the position it would create if they bought water from a utility that is eventually going into a contract or a purchase contract, it would look a little bit lopsided if it went before the PUC and the same agency that was providing intermediate water was also to be the purchaser, etc. I believe this would be one of the questions that staff would like to recommend to Council that they weigh heavily because Rowland may be the one that will eventually be the water provider or maybe Suburban or both, but until that question is settled I think some mutual grounds should be established. Councilman Lloyd: I think we have arrived at the point where we have to make some decisions. If you want to refer to staff and play the game a little further that is okay with me. I have some attitudes I would like to expose. First of all, I find it distasteful if I think there is money on the table and another public entity,in this case-Rowland�is going to step in and keep us from being involvedo I don't know that this City should be involved and I don't know that it should not be involv- ed, but unfortunately I am in the position of having to make a decision. I am equally aware of the fact, or that it has come across to me and the gentleman has no way conveyed this, but I get the feeling very strongly that Umark doesn't really wildly want to do business with Suburban. Maybe the solution is that the City of West Covina go in and set a deal some with Suburban, and I don It find that as an unacceptable situation. I don't know if it is even possible legally, but I do not find it unacceptable, but as far as I am concerned I find it unacceptable for another public entity to come in here and serve. If we can get expansion of time without I hurting anyone - fine. And one thing we have to keep our eye on is that Umark is sitting here on a development with X number of millions of dollars and we have all sat up here and encouraged these people to come in and start this development - all five of us sitting here right now and so I think we have an obligation at this point. Not a financial one, but a moral one�and I feel we have to go forward and get them in business as quickly as possible if for no other reason that it spreads the economic base for West Covina which in my opinion is thin enough as it is. I am prepared to make some sort of a thing and get it out on the table and find out where everybody stands and let's go forward. If we can't come to some sort of decision then I am afraid we will jeopardize that which we already have. Maybe I am dead wrong, but I would like to hear some comments from my.f-e11ow Councilmen, and I am prepared to make a motion that we - 30' - ADJ. REG. C.C. 10-19-70 Page Thirty— one Umark Water Systems Acquisition go into the thing, put the City in and then go and ask them to work something out with Suburban. I think Suburban has made a firm stand on this and the only thing I will say is that I do not want Rowland, another public --owned entity. I make a motion that we go ahead as suggested Is and direct staff to work it out with Suburban and Umark,"and I don't think that works to the prejudice of Suburban. Councilman Young: I will second the motion. I agree I don't see any prejudice whatsoever to the City, Suburban, or Umark under these circumstances. Councilman Shearer: I think it is only fair to the participants and Mr. Patterson r since we are talking about working something out, I assume this means a lease and the general conditions of the leaser I will only support a lease whereby the activity involvement of the City is a bare.' -minimum,. I don't envision the City gearing up to read meters, send out bills, collect payments, etc. I think I like the term Councilman Young used - "an umbrella of legality'° or something to that effect. This is what I am in favor of. I am not in favor of the City gearing up to sell water for 6 months or a year and then get out. I would like to stay out of the business to begin with. If by lending our name we can make it legal,all.righk,but I will not vote a lease that calls for the City reading the meters, sending bills, etc. Councilman Nichols: I really don't know what kind of games we are playing in this. If we are going to push ourselves into a vote on this thing tonight then let's really get it out on the table because water is being delivered to that property right now - today, by Suburban Water Systems. Now anyone can say this will prejudice some decisions and if this is so it has been prejudiced already because it is there and being used by the developer. I am not at all in that big of a rush about this thing. I have taken the position in the very beginning that the only basis we had for moving into the water busi- ness was if the private utilities couldn't or wouldn't serve the area. I have said this publicly at the meetings and privately to many individuals and I will say it again - this kind of a thing is strictly a device to slip into the water business] and that is all it is. All they have to indicate to us is that they are not going to do business with Suburban/no matter what happensland that they will file their own application to serve and if during.. the. period of litigation they need water we will help them. I made that commitment previously,but there is no such issue involved. The water is available on a temporary basis and I think they should get the water. I am willing to take the vote and accept the opinion of the majority. I don't like the inference that we are rescuing anybody tonight, because there is no rescue involved, not this evening yet. If it is the wish of the Council to serve this firm with water for a year, while negotiations go on, if this is the decision of the Council, that this equals up the game or makes negotiations fair and square, I can accept that one, but not that we are performing a rescue or that we are obligated or need to tonight take action to save their development. I cannot accept that. I am prepared to vote. Mayor Chappell: We have had a lot of discussion and each time we go over something - something else changes. The most important fact is that we as a Council,took the recommendations of our staff and got involved in investigating the water business. A contract had been basically drawn up and was basically ready to be signed and we thought we might look into it and see if we could do a job here. Statements had been made by a private company that they wouldn't be involved, 3.1_ ADJ. REG. C.C. 10-19-70 Page Thirty- two Umark Water Systems Acquisition and so we have dragged this out, carried this on-, and also we started the development of this property and they can't sell those houses or merchandise the property until they get water. I have no qualms of the City going into the water business for a year, strictly to make sure the contract is all sealed and signed properly so that those citizens will get water at a proper rate. I think that is one of the most important functions tonight,is to see that it goes on. There is a lot of money involved here® I feel we helped create this situation - the five of us that are sitting here right now - and I don't feel I would be wrong at all supporting the basic concept here of getting water to that property, getting the houses sold so we can get some taxes on the tax book and then letting the water contract be worked out between Umark and.Suburban, etc., and thereby getting a contract that we can all live with so.that in future years we don't find out that by forcing the issue or rushing into something that we caused a lot of problems. That is my position. We do have a motion and a second. (Council asked for a reading of the Motion. Councilman Lloyd said he would paraphrase the motion.) Councilman Lloyd: I made a motion that we authorize staff to go ahead and go into the water business on a temporary basis and that they leave the bidding open to Suburban and Umark to work out. Councilman Young,. Although I seconded the motion prevbusly I will have to vote against that wording of the motion. Councilman Shearer: I will have to vote against it in that forma I would be willing to support a motion that will authorize the staff to work out a lease. I want to see the lease before I say "yes" we are in the water business. Councilman Lloyd: Vote the motion down, gentlemeno We have a motion on the floor, do what you want on it, but do something. Motion failed on roll call vote as follows - AYES: Councilman Lloyd NOES: Councilmen Shearer, Nichols, Young, Mayor Chappell ABSENT: None Councilman Young: I will move that the city staff be authorized to work with Umark, Inc., towards the negotiation of the lease providing for the City to operate the Umark Water System for a period not to exceed one year at no cost to the City. All terms of the lease to be approved by the City Attorney and the City Council. Seconded by Councilman Shearer. Motion carried on roll call vote as follows-. AYES: Councilmen Shearer, Young, Lloyd, Mayor Chappell NOES: Councilman Nichols ABSENT: None PETITION re A.R.A. Mr. Aiassa,. Council does have a staff NON-COMPLIANCE TO report dated today, but PRECISE PLAN #535 Mr. Munsell has a further oral report. Mr. Munsell: I contacted Mrs. Mazelsky, who owned and operated the AoRoAo Corporation which .is the subject of Precise Plan No. 535. I contacted here this afternoon at 4:30 P.M., to determine what action has been taken regarding - 32 - ADJ. REG. C.C. 10-19-70 Page Thirty-three Umark Water Systems Acquisition consummation of a contract and start of construction to finish the Precise Plan. Indications at this time are that while building plans have been approved, the contractor and the owner of the property have not entered into a contract to do the work, and therefore the plans sit in the Building Department and there is no indication given by Mrs. Mazelsky , as to when this contract might be completed, or when she might have some money to pay the contractor. The property owner indicated funds would be available from the freeway settlement of the freeway widening acquisition: however, there was some indication that there is a possibility the funds will go to the mortgagee and they may not acquire them immediately, so it was a complete indeterminate situation as to when we might have a completion of the project. The last staff report you received previously i dicated there was a street bond which the staff had hoped to use 4Everage to encourage the property owner to move quickly. At this time,- other than the filing of action of a criminal complaint based on violation of the Code, the only alternative the City has is to foreclose the bond or ask the bonding company to apply pressure to the property owner to find other sources of financing to start construction. Mayor Chappell: Mr. Aiassa - do you have a recommendation? Mr. Aiassa: I would make the suggestion, since we have a meeting on November 2, and the Planning Director and the City Attorney will meet on Wednesday, that the Planning Director and the City Attorney bring forth a strategy of action to get this precise plan under way and if that does not solve it, then on November 2nd we will make a firm recommendation to Council to either forfeit the bond or take any other legal action necessary, because I think we waited long enough to get this matter solved. Motion by Councilman Young, seconded by Councilman Lloyd, and carried, that this matter be referred to the agenda of November 2, 1970. SCAG DUES Motion by Councilman Lloyd, seconded by Councilman Young, that this City join SCAG by paying dues for the fiscal period in the amount of $1,035.00 as budgeted in Account No. 121-743.3. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young® Lloyd, Mayor Chappell NOES: None ABSENT: None SENATOR R. COLLIER Motion by Councilman Lloyd that City Council PROPOSITION 18 go in,support of the League of Women Voters and the League of California Cities stand on Proposition 18. Seconded by Councilman .Young.. Councilman'Shearer:. I find myself in a bit of a tenuous position because I am afraid the statements I mill make will be associated with my place of employment, The State Division of Highways. Let me state that this is not true, I have no fear if Proposition 18 passes, that I will not be gainfully employed for the next 30 years until I retire. I think we do have to consider here the standpoint and the effect on the City of West Covina, not the State Division of Highways. That is entirely a different matter. 7(1, a gallon is collected in the State Gasoline Tax and of this 50/ does not go to construct freeways or any of the State highways, but goes back directly to cities and counties for the maintenance, construction and improvement of our select city streets. Such as Cameron, Azusa, etc., the main streets in town® Now we stand to lose, according to Mr. Fast°s report, if the full 25% gas tax in Los Angeles County would be converted - $150,000 income that now goes to the maintenance, construction and improvement of our local select city street system. From that standpoint and that standpoint alone I am in opposition to this. - 33 ADJ. REG. C.C. 10-19-70 Page Thirty-four Proposition 18 We -discussed the solution of smog by Proposition 18 and at the present time nine million dollars this year has been budgeted by the California Highway Commission for smog research. We have been told legally that up to and including one hundred million dollars of State Gas taxes'collected and Motor Vehicle fees can already be used for smog research and control - granted, not one cent can be used for construction of Rapid Transit. I think we have here a marriage of convenience by the Rapid Transit supporters with the anti -pollution people. I think the anti -pollution people have been "smooth talked" by the Rapid Transit people to join forces to get a better appeal to the public. We are all against smog but we are not all for Rapid Transitgas evidenced by the defeat two years ago of the Rapid. Transit proposal. Due to the fact the State Constitution does allow sufficient funds for smog research there is no need for Proposition 18 to give money in this area. As far as I am concerned, it is solely a proposition conceived by Rapid Transit supporters and I am not against Rapid Transit, I think it has its place, but I don't feel diversion of the funds of a proven system warrants this situation. I wholeheartedly oppose,and I would like to ask a question. How does the League of California Cities make their recommendations in light of the fact of the communication I received from the State Chamber of Commerce that says as of this date 201 city councils are on record as opposing Proposition 18 - who makes the recommendation of the League, since our convention is next week, who and when was this decided? Mr. Aiassa: The League of California Cities, I believe. There was a bulletin sent out and maybe Mr. Wakefield can answer this question. Mr. Wakefield: Most of these policy decisions, so far as current and pending legislation are made by the Board of Directors of the League of California Cities. I would assume that the position referred to is the position of the Board with reference to the constitutional amendment as it was pending before the legislature. Of course the annual convention of the League.under its organizational structure has the authority to take positions contrary to that of the Board of Directors or affirm the position of the Board of Directors. Councilman Shearer: So it is made by the board. Mayor Chappell: I have been attending these meetings and I was on a study session on this matter. When this came before the Southern California League of California Cities it was tabled and it was to be decided on at San Diego. We discussed it at Council level and I went up there and as you will remember I opposed this particular bill and I believe I had authority from the Council to at least object, and this was never passed by our Los Angeles County and we are supposed to vote on it in San Diego. Mr. Aiassa: In further answer to Mr. Shearer's question, it is the combination of all the Boards that make up the Board of Directors. This is elected and appointed people and they usually meet in Berkeley or in the Southern California area. Mr. Chappell is talking about the Southern Division which is a branch of the League of California Cities, Councilman Nichols: Mr. Mayor, it seems to me one of the great problems we are always facing now -a -days is higher levels of government restricting the lower levels. We often talk about wanting greater authority down on the floor and then when we get opportunities to get it we tend to turn it back. This is no diversion at any level except through the rule of the people at the polls. If the local citizenry does not want its funds used for these areas there will be no diversion. - 34- ADJ. REG. C.C. 10-19-70 Page Thirty-five Proposition 18 All this states is that it:,changes the constitutional proposition against the people having the right to make that determination. So I would be all in favor of it. I would think if those that want to develop a Rapid Transit System can't prove their case as to its validity as compared to a non -diversion of that 25% they won't win. If they can prove their case and convince the people it is valid then they will win)and to me that is the highest working of democracy) and for that reason I think only because it is an authorizing legislation I will favor it. Motion failed AYES: Councilmen Nichols, Lloyd NOES: Councilmen Shearer, Young, ABSENT: None on roll call vote as follows: Mayor Chappell Councilman Young: Mr. Mayor - a comment, if I may. I seconded the motion but voted "no" because I think the problem here is in Detroit and a few other places and if this passes we are going to have the incentive for cities to have little $75,000 smog programs going on all over the State. Motion by Councilman Shearer, seconded by Councilman Young, that the City Council go on record as opposing Proposition 1.8. Councilman Lloyd: Mr. Mayor. I think that in all fairness to Councilman Shearer, I realize what you are trying to do and I also recognize frankly that you work for the State Division of Highways. I think that the intent of your motion at the present moment is divisive to this Council and does not constitute a good motiono If you persist in it and have 3 votes - fine, because I will abide by the rule, but I am flat -out -stating at this point I think it is a personal affront. Now you carry on with the motion, if you so desire. Councilman Shearer: l.fail to understand why Councilman Lloyd would take this as a personal affront and anymore: divisive than the previous motion to support Proposition 18. I. don't quite understand the reasoning why we can support but we can't oppose. Councilman Lloyd You made it very clear Councilman Shearer, with the vote of 3 to 2 that you don't want to support 18, which .is fine, but in turning around and making the motion you are making - well you made your point on it, and then you turn around and make a motion to grind it in. Councilman Shearer: Part of the reasoning was we have a request from the California State Chamber of Commerce, just as we did from the League of California Cities, to go on record one way or the other. Now,if we can honor the request.of the League of California Cities, we can honor the request of the Southern California State Chamber of Commerce. No personal affront in any way,shape or forma Councilman Nichols: Well let's vote, maybe somebody will change their mind. Mayor Chappell: We have a history of what happens when we start eroding a certain tax. We can all go back to the Sales Tax, originally set up for schools and pretty soon they .eroded a piece of it and soon the whole thing was eroded and not a dime of it ended up going to schools and we could have the same thing here. We have a half a cent tax right now for RTD and if we need more money for RTD or for smog I think the people are ready to vote that type of situation, but when we start eroding these things I don°t see any stop to it. We will finally end up with 50/ -eroded and we are'._the ones - 3 (5 - ADJ. REG. C.C. 10-19-70 Page Thirty- six. Proposition 18 that will suffer - at city level, the money will be cut out from under us and probably the State will continue to build their freeways and continue to use their money and what comes out will come from our part and that is what worries me and why I oppose Proposition 18. Councilman Lloyd: First of all let Is get down 'to it) and I- think Councilman Nichols brought it out. I am very tired of the super -government agencies that seem to be forming. I used to work for the Federal Government and so I have some idea of the involvement of governmental agencies, and I think at this point what we are saying is the Division of Highways -is untouchable. I don't disagree with the logic you used, Mr. Mayor, I agree in the case of education, but. I don't think we are in the case.of education now - it is like cigarettes. More people that smoke cigarettes the more taxes that come into the City. If you look at it in that context then we should go forward on that and say cigarettes are great, but the fact remains that people are dying of lung cancer and some people feel strongly that lung cancer is directly attributable to those cigarettes and soI say here we give a new dimension. We need new dynamics on the thing. I am not defending, I don't know all the pros and cons in Proposition 18. But I think this Council has voted and what I am asking at this point is that you back off on it beyond that. I think we have a good presentation by the League of Women Voters and I think they have worked very hard, I have read their stuff and I can agree with it and I was the guy cutting them off on the time situation-, perhaps I erred in that. I also l,i,stened_ to our City Manager who, has presented a concept of the League of California Cities and the hierarchy of these organizations who are probably no more capable than I, but they have spent more time on it in study than I have and if a function of local govern- mental agencies :has. said this is what they. recommend, I tend to go along with that. What I am saying - as far as Councilman Shearer is concerned - we voted it down and we have taken a stand on it, but if we turn around to the other side of the coin I think we are going a little bit too far, but then again this is the democratic process - three votes and you wino Motion failed on roll call vote as follows: AYES: Councilmen Shearer NOES: Councilmen Nichols, Young, Lloyd, Mayor Chappell ABSENT: None Councilman Shearer: Mr. Mayor - clarification. Then it is correct that the City Council of West Covina has taken no position? Mr. Aiassa: Mr. Mayor, one thing: the Council will have to reiterate itself. The Council went on a previous endorsement of Amendment No. 18, and it is now in existence form. Mayor Chappell: In the previous existence form, not as it is now? Mr. Aiassa: Right, so I think what you better do is wait until you get to the League meeting. (Council agreed.) SOUTHERLY ANNEXATION Motion by Councilman Young, seconded by NO. 214 Councilman Lloyd, and carried, that this item be referred to the Planning Commission for their review and recommendation to Council at their re gular meeting of October 21, 1970. FRIENDSHIP PARK Motion by Councilman Young, seconded by ARCHITECTURAL FEES Councilman Lloyd, and carried, that based on the fil2d.ings of the Friends?hZp .Park - 36 - ADJ. REG.-C.C. 10-19-70 Page Thirty-cseven City Manager-Cont°do Architect Review Committee that.the City Manager be authorized to negotiate an agreement with the firm of Maul, Pulver and Schweickert, for the purpose of preparing plans and specifications for the Friendship Park restrooms. TRAFFIC COMMITTEE Mr. Zimmermang We have before you the MINUTES report of the Traffic OCTOBER 13, 1970 Committee composed of the Police Chief, Traffic Engineer and myself, and I will be glad to answer any questions. Councilman Nichols: I would like the record to reflect because I do have an immediate involvement in this particular matter/that I feel it would not be appropriate if I attempted to prevail in my personal professional views on this issue. I would like the record to reflect that I am not disgusted with any of the Councilmen but I will not participate in the discussion. Councilman Young: Mr, Mayor - with respect to the request presented by the ladies tonight and the recommendation which is not agreeable at this point at least, because about the only thing we are doing is putting up the sign and we are recommending increased enforcement as to speed, and I wonder if a patrol car in the -area at these specific times)at present at least/ would increase the awareness of the ladies that don't have children starting in kindergarten and didn't realize it - perhaps a speeding ticket might go a long way towards resolving the problem. Mayor Chappell: Did the ladies receive a copy of this? Mr. Aiassa: They received a copy. I would make one more suggestion along the line suggested by Councilman Young - that the police do a little more diligent patrolling of the area on the one condition that the mothers will not take retribution against the staff because Mrs. Jones got a ticket and she lives next door to Mrs. Downs - this has happened. I would like to recommend to Council that staff be directed to proceed on this and that we carry it over until our next meeting November 2nd, and I will see what we can do with regards to better patrolling by the police officers and anything else we might do. Mayor Chappell,- The crossing signs have been installed? (Answer: Yes.) And they are clearly visible? (Answer: Yes) Have we repainted the area at all so it can be seen better? Mr. Zimmerman: The pavement markings were painted prior to the opening of the school season. Unfortunately the pavement is rough and not as clear as some others, however Ithey have very recently been painted - I believe in August. I don't have the exact date. Mayor Chappell: Mr. Aiassaeyou will report back on November 2, giving us all the facts. And find out if the women in the audience have by then noticed any slowing down in traffic because of the people becoming aware of the crossing. '. These situations are all over town and if we put a special patrol on this - well.,we don't have enough support cars. We will study it and you will hear again on this. Councilman Young: A question regarding Item 6,, Page 6. It says in the recommendation: "That no parking zones be established on both sides of Cameron Avenue east and west of Azusa Avenue for a distance of 260 feet.....°' It seems to me this imposes quite a burden on the residents of the area. It is most inconvenient to live in a house where you can.°t park on the street. Having lived in one for many - 3 '7 - ADJ. REG. C.C. 10-19-70 Traffic Committee Minutes Page Thirty -'eight years until Lark Ellen was improved, it is very refreshing to park on the street now and then. Councilman Nichols: I agree and I predict that when the individuals find out this is occurring there will be a major disruption descending on City Hall because 260 feet in each direction from the church property is quite a distance. While there is vacant property in the area it may not be a burden. It would be quite a shock to come out of your house some morning and find the curb painted red in front of your house. Councilman Shearer: A question of staff. Is this absolutely necessary in order to get the desired left turn lane on eastbound Cameron - can it be done by prohibiting parking on the north side and perhaps a substandard traffic lane? I also had the same feeling - particularly on the northwest portion of that intersection where the houses do front. Can it be done without prohibiting parking on both sides? Mr. Zimmerman: The width of Cameron Avenue, east and west of Azusa is 601 between curb facings. Our normal lane width is about 481 plus a normal left turn lane of 101, which comes to 581. Your minimum parking space would be perhaps 71, and we would not recommend that it would be good practice to narrow the lanes to accommodate the 71. It would mean a further narrowing of lanes by 51. Councilman Young: Is this problem created by the fact we want to make these special left turn slots and the object of that is in connection also with a left turn signal so you get a controlled left turn on Cameron? Mr. Zimmerman: No, the proposal would be that there would be left turn arrows and a left turn island on Azusa controlled by arrows; however on. Cameron the proposal would be you would just have a green ball and watch the opposing traffic. Councilman Young: My experience - having used that intersection a great deal - the problem is not making the left turn from Cameron to Azusa but it has been absolutely critical trying to get a left turn off of Azusa on to Cameron. Mr. Zimmerman: That is true, especially on a rainy day when there is heavy traffic to the high school and other things of that sort. However, there are periods in the day when there .is very heavy traffic movement onto Azusa from Cameron also in the left turn lane. Councilman Nichols: I think that this is a type of thing that is going to be a problem one way or the other. �No matter which way we move on this: the City will have some problem. I think we ought to postpone the creation*of left turn pockets on Cameron Avenue and wait and see how badly the traffic piles in. Like Councilman Young, I found no problem making turns off of Cameron, although that may become a, problem in the future and there are corrections if we visualize congestion of traffic occurring. If, after this improvement is complete and congestion is occurring then we have a very good reason for going in and making no parking. I would be very loathe of going down the street such a great distance and blocking all. these people off. Motion by Councilman Young, seconded by Councilman Nichols, and carried, that Item 6 recommendation be denied at this time. ADJ. REG. C.C. 10-19-70 Page 'Thirty-nine Traffic Com. Minutes - Cont'd. Motion by Councilman Nichols, seconded by Councilman Lloyd, and carried, to accept and file the Traffic Committee Minutes of October 13, 1970`. INTEREST SUBSIDY Motion APARTMENTS AT Councilman by Councilman Lloyd, seconded by Young, and carried, accepting and CAMERON & CALIFORNIA filing information report. AVENUES DIBLIN PETITION Mr. Aiassa: This is a partial informa- PROGRESS REPORT tional report. We are going to try and meet with the younger group that is causing the problem and try and work out an understanding with them. Motion by Councilman Lloyd, seconded by Councilman Young, and carried, receiving and filing progress report. POLICE DEPARTMENT Motion by Councilman Young, seconded by AUTOMOBILE LEASING Councilman Lloyd; and carried, receiving and filing progress report dated October 14, 1970, by the Controller. AUTHORIZATION TO Motion by Councilman Lloyd, seconded by DISBURSE FUNDS FOR Councilman Shearer, approving the issuance LEAGUE OF CALIF. of warrants in the amount of $1,695.00 total, CITIES CONVENTION to individuals as listed in this report for attendance at the League of California Cities meeting in San Diego.,- and: that .vouchers;_supporting the -expenditures be submitted by the parties attending. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None COUNTY PARKING Motion by Councilman Young, seconded by REQUIREMENTS Councilman Lloyd, and carried, receiving and (Civic Center) filing the communication from the Los Angeles County dated April 30, 1970, requesting additional parking, and authorize the City Manager and staff to: A. Enter into consultations with Los Angeles County pertaining to lease arrangements for the additional parking requirements; B. Request a proposal from Stone & Youngberg (Bond Consultants to the City on the Civic Center Project) for services necessary for a Bond Issue for a parking structure; C. Forward a letter from the County relative to this subject and the City Council's actions to the Governing Board of the Civic Center Authority as preliminary information regarding possible future action by them. PARADE PERMIT Motion by Councilman Lloyd, seconded by APPLICATION Councilman Young, and carried, granting a Parade Permit to Edgewood High School as per application dated October 16, 1970. BLOCK PARTY REQUEST Mr. Aiassa: We have a request for a DORE STREET Block Party similar to that which was granted on July 4th and if granted will be handled in the same manner allowing proper emergency vehicles in and out. Councilman Young: Subject to verification by staff that the residents of this street are.unanimous in this request, I move that the request be granted in accordance with the City Manager's information. Seconded by Councilman Lloyd, and carried. swt:� ADJ. REG. C.C. 10-19-70 Page Forty CITY CLERK Lela Preston: Mr Mayor, an application has .'been received from Henry Huang for a mail order business license, and the recommendation is that it be referred to staff. Motion by Councilman Lloyd, seconded by Councilman Young, and carried, referring this item to staff. CITY TREASURER's Motion by Councilman Lloyd, seconded by Council - REPORT man Young, receiving and filing City Treasurer's report of September, 1970. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Mayor Chappell NOES: None ABSENT: None MAYOR'S REPORTS APPOINTMENT OF Mayor Chappell: We had a unanimous PUBLIC AUTHORITY BOARD decision - Harvey Krieger MEMBER will be our appointment to the Public Authority Board. He will complete the unexpired term of Mr. Harper. NORMAN WILLIS RETIREMENT I would also like to call Courcil's attention to the announcement of one of our long-time employee-6 retiring and a dinner is being held in his honor this coming Friday. Any Council members that can attend would be appreciated - you have a copy of the announcement so you know who to call. THE CHAIR CALLED AN EXECUTIVE SESSION TO DISCUSS TWO ITEMS OF LITIGATION WITH THE CITY ATTORNEY. SESSION CALLED AT 11:55 PM. COUNCIL RECONVENED AT 12:29 A.Me ADJOURNMENT Motion by Councilman Lloyd, seconded by Council- man Young, and carried, adjourning meeting at 12:30 A.M., to November 2, 1970, at 7:30 P.M. APPROVED: MAYOR ATTEST: CITY CLERK Ei 0