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06-14-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JUNE 14, 1971. _ The regular meeting of the City Council was called to order at 7:35 P.M. •' by Mayor Ken Chappell in the West Covina Council Chambers. The Pledge of Allegiance was given; and Reverend DeWitt J. Brady of the United Church of Christ gave the invocation. ROT.T, C AT,T, Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd Others Present: George Aiassa, City Manager George Wakefield, City Attorney Herman R. Fast, Ass°t. City Manager Lela Preston, City Clerk George Zimmerman, City Engineer Richard Munsell, Planning Director John Lippett, Ass°t. City Engineer Leonard Eliot, Controller Ross Nammar, Administrative Assistant Terry Brandt, Administrative Analyst APPROVAL OF MINUTES May 17, 1971 Motion by Councilman Young, seconded by Councilman. Shearer and carried, to approve minutes as submitted. May 24, 1971 Motion by Councilman Young, seconded by Councilman Lloyd to approve minutes, Councilman Shearer: Mr. Mayor, I have a correction on page 29 about the middle of the first paragraph the sentence should read: If we pursue this, I think we should consider perhaps to be fair with the developer, allowing him to be de -annexed," Motion carried to approve minutes as corrected. PRESENTATION OF AWARDS Mayor Chappell: This evening a young man in our community - Mr. Gary Burch, is going to receive an award from our City, as well as from the Chamber of Commerce,for his heroic action. This young man, on January 28, saved a neighborhood friend of his from drowning as a result of an elec- tkical:°shock Jeff Hanna received while pumping out his swimming pool. Gary Burch gave artificial respiration and kept him alive until the Fire Department and ambulance arrived. It is a pleasure, Garylto present this to you- if you will step forward I will make the presentation. (Presented Mr. Burch with the City plaque.) Once again,you are to be commended for your heroic action;='.we are certainly proud of you and the way your parents brought you up. You took immediate steps and action to see that something was done. Congratulations, you sure did a firejob. Mrs. Hudson, President Chamber of Commerce Commerce in recognition another human being. We proud of you. Mayor Chappell: We also commend your outstanding act and our plaque is an award of valor presented to Gary Burch by the West Covina Chamber of of bravery and his concern for the life of certainly congratulate you and are very Councilman Lloyd is being recognized this evening by the March of Dimes for his efforts and diligence during their recent campaign. CITY COUNCIL 6-14-71 Presentation of Awards - Cont°do Page Two So,Jim,if you will stand up and accept your awards and I also under- stand you are presenting certificates to the organization. (A representative from the March of Dimes presented an award certificate to Councilman Lloyd in appreciation of his serving as the West Covina Chjairman for the last 2 years. Read certificate and presented it., commending Jim Lloyd for his generous and meaningful service in helping the March of Dimes to reach its goals.) Councilman Lloyd: Actually, that applause is really not for me -it is for the youngsters that do the work in this type of civic endeavor. I would like to call Don Noska and Rich Bauer - these are the people who are representative of the young people that have done all the work for the March of Dimes. They have been responsible for the Mile of Dimes at Eastland, and they held a fund-raising dance at Mt. SAC and raised over $700. for this wor-thwhile cause. They also conducted the Mothers' March in the City of West Covina. I think while I get a plaque or something, it is far more deserved by the young people. I am very pleased to make this presentation to these young men. (Mayor Chappell stated there were two more awards to be presented,but one person was not yet present so these two would be made later in the evening.) CONSENT CALENDAR Mayor Chappell stated all matters listed under CONSENT CALENDAR are considered by the Council to be routine and will all be enacted by one motion in the form listed. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Mayor Chappell: If there 'is anyone in the audience that wishes to comment on any of the Consent Calendar items please step forward. (No comments.) 1. COMMUNICATIONS a) Don Early, 1037 S. Valinda Avenue - Request for .Mail Order Business License. (Refer to City Attorney.) b) Public Utilities Commission - Application of Airportra.nsit for Fare Increase. (Receive and file.) c) American Legion, TAM post No. 780 - Request for Permission to Operate Fireworks stand. (Approve, subject to temporary use permit conditions.) d) West Covina Beautiful - Resolution re City Parks. (Receive and File.) e) Disabled American Veterans, Chapter No. 44 - Request permission to operate Fireworks Stand at three locations. (Approve, subject to temporary use permit conditions.) f) Chamber of Commerce - Urging the City of West Covina to expedite . the Redevelopment of the Central Business District. (Receive and file.) g) Chamber of Commerce - re Proposed Alignment of West Covina Parkway. '(Receive and file.) 2. PLANNING COMMISSION Summary of Action of June 9, 1971. (Receive and file.) 3o HUMAN RELATIONS COMMISSION Summary of Action of May 27, 1971. (Accept and file.) 2 CITY COUNCIL _ 6-14-71 Consent Calendar - Cont°dm 4. ADMINISTRATIVE ITEMS Page Three a) Williams and Mocine Statement - $1,381.50 (Recommend approval,) (CBD) b) Frank-S'ata Statement - $1,250.00 (Recommend approval.) (Safety Town) c) City of Baldwin Park notice of Zone Change. (Receive and file.) d) Report re Mr. Gilmore°s property on South Orange Avenue. (Weed abatement.) (Receive and file.) 50 ABC APPLICATIONS - Confirmation of Chief of Police recommendation that no protest be made: a) James August & Belle McGirr - 14936 Goddue Street, Whittier 90640 dba JIM°S, 1216 E. Garvey Avenue b) Wm. Rhody Olbrich - 20591 Via Verde, Covina Alfred Way - 16510 Holton, Valinda We & Oo Investment, Inc., - 1810 E. Garvey Avenue dba PERINO°S LIQUOR - 1810 E. Garvey Avenue 6. RELEASE OF BONDS a) PLANNED COMMUNITY DEVELOPMENT NO. 1, ACCEPT SEWER PUMP STATION AND FORCE MAIN-.COLICH CONSTRUCTION COMPANY. LOCATION: Azusa Avenue, Amar Road southerly 1,000 feet, Accept sewer pump station and force main and authorize release of St. Paul Fire and Marine Insurance Company bond in the amount of $50,000. (Staff recommends acceptance.) b) PROJECT NO. SP-70007 - DONALD L. BREN COMPANY - BOND RELEASE LOCATION: Lark Ellen Avenue at Pass & Covina Road. Authorize release of the American Insurance Company bond No. 7105498 in the.amount of $13,500 in lieu of cash deposit. 7. TENTATIVE TRACT MAP TENTATIVE TRACT NO. 26161 (Leadership Systems, Inc.) LOCATION: Easterly of Valinda Avenue and northerly of Amar Road as approved by Planning Commission Resolution No. 2339. (City Engineer recommends approval.) 8. UNDERGROUND UTILITY DISTRICT NO. 1 (UUD NO. 1) - TIME EXTENSION° LOCATION: South frontage road between Citrus and Barranca Streets, (City Engineer recommends extension of 2 years.) 9e FREEWAY ACQUISITION PROGRESS REPORT LOCATION*. Various throughout the Cityo Council reviewed Engineer's report. a) Approve appraisal report of Harrison R. Baker for Vincent Avenue acquisitions, b) Authorize staff to continue negotiations until June 18, 1971, and direct the City Attorney to file eminent domain proceedings after that date. c) Approve right-of-way agreements with State Division of Highways and authorize the Mayor and City Clerk to execute the same. Motion by Councilman Shearer, seconded by Councilman Nichols and • carried, to approve Consent Calendar items 1 through 90 ORDINANCE INTRODUCTIONS Motion by Councilman Shearer, seconded by Councilman Nichols, t.o.Imaive reading of the body of each of the following ordinances. Motion - carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.ppel is ::.. NOES-:- None _ ABSENT: None - 3 - CITY COUNCIL 6-14-71 Page Four Consent Calendar: Ordinance Introductions 10)ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 640106 AND 6402 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO THE TRANSIENT l OCCUPANCY TAX." 1611)ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE INTRODUCTION CITY OF WEST COVINA AMENDING SECTION 4300 OF, AND ADDING SECTION 4300.2 TO THE WEST COVINA MUNICIPAL CODE RELATING TO ANIMALS." 12)ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE INTRODUCTION CITY OF WEST COVINA AMENDING SECTIONS 1202, 1203 AND 1205 OF CHAPTER 2, ARTICLE 1 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PENALTY PROVISIONS." Motion by Councilman Shearer, seconded by Councilman Young, that said Ordinances be introduced. Councilman Young: A question, Mr. Mayor, relating to Item 10 - transient occupancy tax - does that represent an increase in the tax? Mr. Wakefield: Yes, the rate of the tax is increased from 5/ to City Attorney 6%. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, :Chappell . NOES: None ABSENT: None 13.) ORDINANCE NO. 1168 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change Application No. 453 - West Covina Toyota.)" Motion by Councilman Shearer, seconded by Councilman Young and carried, to waive full reading of the body of Ordinance Motion by Councilman Shearer, seconded by Councilman Young, to a.d6pt said Ordinance. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha.ppekllz.- NOES: None ABSENT: None RESOLUT-IONS FOR ADOPTION Motion by Councilman Shearer, seconded by Councilman Young and carried, to :wAA.Ve. reading of the body of each of the following resolutions. 14) RESOLUTION NO. 4372 The City Attorney presented: ADOPTED "A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING GRANT DEED FROM COVINA VALLEY UNIFIED SCHOOL DISTRICT." l5a RESOLUTION NO. 4373 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED IN FAVOR OF THE STATE OF CALIFORNIA FOR CERTAIN RIGHTS -OF -WAY ADJACENT TO THE CIVIC CENTER." i - 4 - CITY COUNCIL 6-14-71 Page Five Consent Calendar: Resolutions for Adoption 16. RESOLUTION NO. 4374 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING RIGHTS OF ENTRY FROM VARIOUS PROPERTY OWNERS ON EASTERLY SIDE OF NORTH VINCENT AVENUE." • "A 17. RESOLUTION NO. 4375 RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA CERTIFYING TO THE STATE DIVISION OF HIGHWAYS OF CERTAIN RIGHTS -OF -WAY ACQUISITION AND AUTHORIZ- ING THE STATE TO USE THEM." 18. RESOLUTION NO. 4376 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 26161, ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME." (Location: Easterly of Valinda Avenue, northerly of Amar Road,) 19, RESOLUTION NO. 4377 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING THE DEDICATION OF VEHICULAR ACCESS RIGHTS EXECUTED BY UNION FEDERAL SAVINGS AND LOAN ASSOCIATION AND DIRECTING THE RECORDATION THEREOF." (Location: Precise Plan 599 - southerly side of Cameron Avenue, westerly of Walnut Creek Wash,) 20. RESOLUTION NO. 4378 "A RESOLUTION OF THE CITY COUNCIL OF THE .ADOPTED CITY OF WEST COVINA ACCEPTING A CORPORA- TION GRANT DEED EXECUTED BY BAUER DEVELOPMENT COMPANY FOR A STORM DRAIN EASEMENT AND DIRECTING THE RECORDATION THEREOF." (Location: Southeasterly corner of Valinda Avenue and Dore Streets.) 21. RESOLUTION NO. 4379 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA ACCEPTING A CORPORA- TION GRANT DEED EXECUTED BY LARK ELLEN HOSPITAL, INC., AND DIRECTING THE RECORDATION THEREOF." (Location: Northwest corner of Badillo and Lafk Ellen Avenues (Precise Plan 594). 22. RESOLUTION NO. 4380 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA APPROVING PRECISE PLAN p OF DESIGN NO. 608. (West Covina Toyota)." (Location: 821 S. Glendora Avenue.) 23. RESOLUTION NO. 4381 "A RESOLUTION OF THE CITY.COUNCIL OF THE ADOPTED CITY OF WEST COVINA REAPPOINTING NEVIN BROWNE TO THE PLANNING COMMISSION." 10 24. RESOLUTION NO. 4382 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA REAPPOINTING ELIZABETH PLESKO TO THE RECREATION AND PARK COMMISSION." 25. RESOLUTION NO. 438.3 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA REAPPOINTING JOAN M e" Tn1ILSON' fib' TH£ R8'CMDATION AND PARK COMMISSION.° 5 - CITY COUNCIL 6-14-71 Page Six Consent Calendar: Resolutions for Adoption 26. RESOLUTION NO. 4384 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA REAPPOINTING HERBERT'-'O"o- T'TCE` °TO THE".PERSONNEL` BOARD." • 27. RESOLUTION NO. 4385 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA REAPPOINTING EDWARD CANO TO THE HUMAN RELATIONS COMMISSION." Councilman Shearer: A question of the City Attorney. A small point. There are two resolutions in the group that per- tain to direct dealings between my employer and the City of West Covina. Can I abstain from voting on .Items 15 and 17 and vote aye on the rest? Mr. Wakefield: Yes it would be appropriate for you to abstain City Attorney on Items 15 and 17. Motion carried on roll call vote as follows: AYES: Councilman Shearer: I voteaye/'with the exception of Items 15 and 1p on which I abstain. Councilman Nichols, Young, Lloyd, Cha.ppell� NOES: None ABSENT: None ABSTAIN: Councilman Shearer on Items 15 and 17. AWARD OF BIDS PROJECT NO. SP-70007 STREET IMPROVEMENTS LARK ELLEN AVENUE Clerk at 10:00 A.M. on May 19, meeting of May 24, 1971 to this report.) (END OF CONSENT CALENDAR) LOCATION: Lark Ellen Avenue from Amar Road northerly to join with the existing improve- ments of Lark Ellen Avenue. Bids received in the office of the City 1971. Award of contract held over from dated (Council reviewed Engineer's The City Clerk presented the following Gri'ffith Company, Los Angeles D. & W. Paving, Inc., Glendora Kelly-Corkill Cont. Inc., Placentia Sully Miller Cont. Co., Long Beach Aman Brothers, Inc., Covina Vernon Paving Coo, Industry John W. Tiedemann Co., Whittier Crowell & Larson, Baldwin Park Mike Construction Co., Downey Norlund Construction, Baldwin Park All bids were checked and determined to bids: be valid bid Councilman Shearer: Mr. Mayor�I have a someone to explain asked to transfer low bid is $52,;000. Is the participation •somebody paying a flat rate - where is the _ and the low bid of $52,000? Did everybody to Bren? Mr. Zimmerman: City Engineer be added to that and cover more than just the payments between prices and those will $52,264.50 $52, 794. 39 $53, 673.49 $56,748.28 $56, 842. 54 $57,449.50 $58, 238.45 $60,051.31 $60,321.60 $ 60 , 906. 30 proposals. question. I would like to me the funding. We are a total of $71,000, and the on a percentage basis or is leeway between the $71,000 get a break or just isolated The basic price to be covered is $52,000 plus, which is the low bid; additionally there are costs of street lights,. signs, trees, etc., to also the engineering costs. The $71,000 is to the bid price of $52,000 plus. The amounts of various participants -akb based upon the unit bid be charged directly to the various participants. - 6 - CITY COUNCIL 6-14-71 Page Seven AWARD OF BIDS: SP-70007 Councilman Shearer: Does our agreement say to them if it happens they are doing curbs, gutters and sidewalks and if we get a really`grod bid on that, that they get a break on it,or if we get a higher price they are still obligated to pay for all of the curb, gutters and sidewalks? It is not • a percentage of the total job? Mr. Zimmerman: It so happens that most of the bid items are City Engineer partly in each jurisdiction that each one is responsible for, so we would all share in any breaks or all would have to pay extra. Motion by Councilman Shearer, seconded by Councilman Young and carried, .to aPPTOw the transfer of funds. Motion by Councilman Shearer, seconded by Councilman Young, to _accept the bid of Griffith Company of Los Angeles as presented at the bid opening on May 19, 1971, for City Project SP-70007, and to authorize the Mayor and City Clerk to execute an agreement with said Griffith Company for the work. Councilman Shearer: Mr. Zimmerman: Mr. Mayor, a question. Will the street lights and signs be a separate contract? The street lights Edison Company on a set price which and the signs will be put in by the City price for the signs. Motion carried° are normally put in by the a regular basis and there is they have given the City; forces and there is a set PRESENTATION OF AWARDS - Cont°do Mayor Chappell: We have two presentations to make, one to Terry Tatum and the other to Steve Goldsmith) who is in the service and his mother was going to be here to receive his presentation)but she is not able to attend. So we will make the presentation to Mr. Terry Tatum. The California State Electronics Association, the West Covina Chamber of Commerce and the City of West Covina will present a personalized plaque to Mr. Tatum and the'same will be,rsent to Mr. Steve Goldsmith. These gentlemen are residents of West CC(Vina and the plaques are in recognition of the her©ic action in swing., the lives of five individuals trapped in a burning automobile as the result of a head-on collision on the San Diego Freeway. We have with us this evening from the California State Electronics Asso°ciation Mr. Everett Pershing, President, and Mr, L. David Schlenberger)the Assistant Director. (Asked them to step to the podium.) Mr. Everett Pershing, Preset, In behalf of the California State Calif. State Electronics Electronics Association and in recognition of the-- heroic act of. both you; and Steve-.. Goldsmith and inasmuch as it was performed on the Steve Hardick"family Sid having a TV shop out in Sepulveda, he has not been able to engage in his business as yet but the family is coming along fine. If you two fellows hadn't gone in and pulled this family to safety there would have been five lives lost, and certainly as a member of our Association we feel it is little enough to give you recognition of this heroic act. I wish there were more young fellows like you. Mr. Terry Tatum: I thank you and it wasn't me, I have to give credit also to my parents. Mr. Pershing: (Read plaque in recognition of the act.) I think it was a tremendous thing you did. - 7 CITY COUNCIL 6-14-71 Page Eight Presentation of Awards - Cont°d. Mrs. Hudson, Pres., The West Covina Chamber of Commerce W.C. Chamber of Commerce commends you and congratulates you. We are very proud of young people as you and it is marvelous to see young people become involved. (Read award for valor -and presented to Mr. Tatum.) . Mayor Chappell: The City of West Covina also has a plaque for you in recognition of bravery and civic responsibility. This young gentleman also participated in the 2000 mile marathons running 244 miles. It was an outstanding group of citizens in our community that took part,and I certainly think young men like Terry and his associates are certainly deserving of our recognition. Once again, thank you very much, it surely is a pleasure knowing you. Councilman Nichols: Mr. Mayor, I remember Terry from the BB days, which was before beards.,and I remember Mom even before that and all of us remember Dad who served many years with distinction in our Police Reserves. The Tatums, seem to be getting some kind of recognition for outstanding community services. It is a great pleasure to me to have the opportunity to experience another sign of valor on their part and I am pleased to see them here. Mayor Chappell: Will the parents stand up and let us give you applause too. We are certainly as proud of you as you are of your son PUBLIC HEARINGS OgTTHltli';:.' .ANNEXATION LOCATION: 'South of . Vine Avenue, . west of D:ISTRICT: 'NO.. :213 Citrus Street. PROTEST.. HEARING _ Set for hearing this date by Resolution No. 4361, adopted by the City Council on May 24, 1971. Said Resolution published in the San Gabriel Valley Tribune on May 27 and June 3, 1971. Mayor Chappell: Madam City Clerk do you have the Affidavit of Publication? Lela Preston: Yes I do. City Clerk Mayor -Chappell: Have you received any written protests to this annexation? Lela Preston: City Clerk No, I have not. Mr. Wakefield: Mr. Mayor,in view of the fact that no protests City Attorney have been filed there will be no necessity for holding a public hearing inasmuch as only those that filed a protest would be able to speak at the hearing to explain the reason for their protest. Inasmuch as there are no protests, it would be in order for the City Council to adopt a Resolution fixing the date for the election on annexation. However, there are some •preliminary matters which need to be disposed of. If the Council desires to make any changes in the boundary area as described in the petition for the annexation this is the time and place for those changes to be made. No change may exceed 5/ of the total area proposed to be annexed. If there are no changes in the boundary the next item would be the fixing o-frthe date of the election,,which'must be not less than 54 days from today°s date and not later than 75 days from today°s date, Madam City Clerk, do you have a recommendation to make with reference to the date of the election? Lela Preston: August 24th would be the 71s.t day. c...That. is City Clerk a., Z'ue .da_y:.:- rTt hc-s. to,be on• a:!�-Taps:day..-invi with th.e.'pol-ls ..caPenz.irdm4�:.7. A. M- , to 7 P.M.-.*, CITY COUNCIL 6-14-71 Page Nine Pub. Hearings: South:.l :. Annexation Dist. Noe 213 Mayor Chappell: Do we have a motion setting the date of the annexation election for Tuesday, August 24th, the polls to be open from 7 A.M. to "7P.M.? So moved by Councilman Lloyd, seconded by • Councilman Young and carried. Mr. Wakefield: The next two items involve a selection of a City Attorney polling place and the designation of the election officers, This is a matter which can be left to the City Clerk to select a polling place and to designate the four election officers, if that is your desire. This would be a motion to authorize the City.Clerk to select a polling place and appoint the election officers. So moved by Councilman Young, seconded by Councilman Shearer and carried. Mr. Wakefield: Apparently the city°s rate of compensation for election officers has been $18.00 for the Inspector and $1.5 fo.r. JtY e ' Judge..aaid fcr each of the clerks. If this is an appropriate amount it can be included in the Resolution also. Councilman Shearer: Are we required by law to have four election officials? Mr. Wakefield: Yes,Councilman Shearer. That is the number City Attorney presently established by the statute. Mr. Mayor, it would now be in order to :introduce:'.the : Resolution and adopt it. RESOLUTION NO. 4386 The City Attorney presented: "A RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF WEST COVINA F.IND.ING- AND 'DECLARING(' THAT A MAJORITY PROTEST HAS NOT BEEN MADE AND CALLING A SPECIAL ELECTION TO BE HELD ON THE 24th DAY OF AUGUST 1971 PERTAINING TO THE ANNEXATION OF WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 213 TO THE CITY OF WEST COVINA." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt, said Resolution., Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Cha..ppell NOES: None ABSENT: None Mayor Chappell: Mr. Young and his organization is in the audience and I think they should be recognized for an outstanding job to date, and we certainly wish them well for their election on the 24th of August. STREET VACATION PORTION LOCATION: Duff Avenue, northerly of .OF DUFF AVENUE Crumley Street. PROTEST HEARING Hearing of protests and objections set for this date by Resolution No. 4362 adopted May 24, 1971. Council reviewed Engineer's report. Mayor Chappell: Madam City Clerk,do you have the affidavits of posting and publication? Lela Preston: City Clerk Yes, I do I - 9 m CITY COUNCIL 6-14-71 Page Ten PUB. HEARINGS: Street Vacation Portion of Duff Avenue Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, to receive and file affidavits. Mayor Chappell: Mr. Public Service Director, do you have a state- ment to make regarding the necessity •of the public use of the proposed vacation of a portion of Duff Avenue? Ho R. Fast: This portion of Duff Avenue will no longer be Public Services Dir., needed for public right-of-way�due to the fact that the Toyota Dealership under Precise Plan 608 is required to construct a block wall along their southerly property line thus negating any need or use for the Duff Avenue cul-de-sac. Mayor Chappell: Madam City Clerk,have you received any written protests or objections against the abandonment of any portion of this street? Lela Preston: No, I have not. City Clerk Mayor Chappell: Is there anyone in the audience that wishes to make an oral comment on this? (No one.) I will then declare the Public Hearing closed. Mr. Wakefield: Mr. Mayor and members of the City Council, at City Attorney this time it would be in order to consider the adoption of a Resolution vacating the portion of Duff Avenue described. RESOLUTION NOo 4387 The City Attorney presented: ADOPTED °"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING THE VACATION OF A CERTAIN PORTION OF DUFF AVENUE." Mayor Chappell: Hearing no objections,waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, that said Resolution be adopted. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None RECREATION & PARKS COMMISSION Review Action of May 25, 1971 Motion by Councilman Shearer that the summary of action be received and fiiedjwith the exception of Item No. 3 pertaining to the West Covina Symphbny Orchestra,to be held and discussed during budget sessions. Seconded by Councilman Young and carried. PUBLIC WORKS ITEMS LIGHTING ASSESSMENT DISTRICT LOCATION: Citywide 71-76 - INTENTION TO FURNISH Council reviewed Engineer's report. • LIGHTING RESOLUTION NO. 4388 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ORDER- ING THE FILING OF THE REPORT OF THE TRAFFIC AND LIGHTING ENGINEER OF SAID CITY FOR THE INSTALLATION, THE FURNISHING OF ELECTRIC CURRENT, AND THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN STREET LIGHTING ASSESSMENT DISTRICT LAD 71-76. °" Mr. Wakefield: This is the Resolution which initiates•the City Attorney proceedings for the formation and continuance - 10 - CITY COUNCIL 6-14-71 Page Eleven PUB. WKS.: Res. ##4388 of our lighting maintenance district. It sets a time and place for a hearing. That is one of the preliminary steps in the establishment of the district. Mayor Chappell: Hearing no objectionsywaive further reading of • the body of said resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows. AYES: Councilmen Shearer, Nichols, Young, Lloyd, 'Cha.ppe1l NOES: None ABSENT: None RESOLUTION NO. 4389 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO ORDER CERTAIN LIGHTING FIXTURES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES IN THE CITY OF WEST COVINA, TO BE INSTALLED AND MAINTAINED, AND .ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES FOR A PERIOD OF FIVE YEARS, COMMENCING JULY 1, 1971, AND APPOINTING A TIME AND PLACE .FOR HEARING PROTESTS IN RELATION THERETO. (July 12, 1971)000 Mayor Chappell: Hearing no objections,waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to..dopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None CITY ATTORNEY PUBLIC UTILITIES COMMISSION Mr. Wakefield. APPROVAL OF WATER RATES AT City Attorney CORTEZ PARK approved the application filed by Suburban Water water rate for Cortez Park. That rate is to be of the agreement, which was March 22, 1971. The special rate for Cortez Park)is now completed® action by the City Council, This is information- al' only, simply to advise you that the PUC has Systems for the special effective as of the date final act° insofar as the This does not require WATER AGREEMENT WITH Mr. Wakefield. This item is one UMARK, INC. City Attorney involving the submission of the Water Service Agreement for the Umark property. The City Council instructed the City Manager and the City Attorney to negotiate an agree- ment which would be acceptable to Umark and to the City. Such an agree- ment has been prepared and submitted to you this evenings Essentially) the agreement is the same as the agreement which was submitted for your consideration last October, and perhaps the easiest way to review the matter would be to briefly summarize the salient provisions of the pro- posed agreement. The Council will remember the Azusa Avenue transmission line, which is the essential element of the system, was completed last year at an estimated cost of approximately one million dollars. The backbone system which was described in the so-called Montgomery Report, has been partially constructed and will be constructed in increments as the property develops during the next 4 years. The backbone system,as described in the Montgomery Report and the cost estimates contained thereinjindicate that the completed system will cost approximately $30-124,0000 -The agreement provides that the City will take over the facilities that have been constructed by August 17, 1971) or such date thereafter as may be initially agreed upon]and that the City will assume the responsibility for providing water services to the - 11 - CITY COUNCIL 6-14-71 Page Twelve CITY ATTORNEY: Umark Water Agreement Umark lands at that time,or at an earlier date if that is possible. The agreement provides that if an action is commenced within 2 years, determining that the City cannot serve outside of the boundaries of the City or cannot legally enter into the present agreementyUmark may terminate the agreement as to all or a part of the Umark lands within 1 year after the final determination of that litigation. • One important change in the agreement has been made in the interest rate. You will recall that the rate provided for in the agreement last year was 7.2%o the present agreement contains an interest rate of 6/ on actual cost of the facilities transferred to the City. The interest rate will begin commencing July 1, 1971. The provisions with respect to the construction of the remainder of the backbone system are identical to those in the prior contract. Basically,the work will be done by Umark on the request of the City; that 3 quotations will be required on all construction work undertaken subsequent to the closing date of the agreement-, that'the bid will not be awarded without the approval of the Cityiand that the City reserves the right to approve plans and specifications for the work to be donee The present agreement, as did the previous agreement, would obligate the City to pay actual cost for the work performed plus 3% for Umark°s administrative costa One minor change made in the price of the land that might be required to be transferred to the City for purposes of providing access to water lines, to pump stations and similar facilities; the previous agreement provided that the price of the land would not exceed $6,000 per acre, the present agreement says the price is $6,000, and this is based upon the representation of Umark that it represents the cost to Umark of the lands as they now stand unimproved. The agree- ment would obligate the City to make the first payment on the water system beginning July 1, 1973. The first payment would be equal to 22%% of the gross revenues for the 1 year period beginning April 1, 1972 and ending April 1, 1973. The annual payments would be made thereafter; the payment would go to 30% of the gross annual receipts beginning with the 4th through the 8th year) and the balance of the payments would be at 50% of gross annual receipts -through the end of the contract period, which is July 1, 1992. If there was any balance remaining on that date, that balance would be paid in five annual equal installments subject to the condition that no annual installment would exceed 50% of the gross receipts of the City from the sale of water, and that any balance remaining unpaid at the end of the fifth installment would be cancelled and no further obligation would exist so far as the City is concerned. In addition the agreement requires the City to pay 50% of the gross annual receipts which it receives from the sale of water to all other sources. In the event that the agreement is terminated pursuant to the determinations which I have previously described.) Umark would have the obligation of repaying to the City the actual costs of the facilities which are located in that portion of the Umark land in which the agreement was terminated. If this happened to be the area in the City of Walnut,then the actual cost of the facilities located in Walnut would be repaid to the City. The City •would also be entitled to a, proportionate share of the cost of other facilities required in connection with the services of the terminated area. For example, a portion of the capacity and the transmission line and perhaps some other portions of the backbone system which might be required to serve the ;area of termination. The agreement requires that the City shall establish water rates which will yield an average of $110. per user per year. These rates have already been established,,and they are incorporated in the ordinance which you adopted last year fixing water rates and which provide the basis on which water is currently being supplied to the inhabitants in the area. Nothing additional is required in that connection. - 12 CITY COUNCIL 6-14-71 Page Thirteen CITY ATTORNEY: Umark Water Agreement There has been a modification in one other portion of the agreement. The former agreement provided that Umark wou14 upon the request of the City) advance up to $100,000 in funds for unanticipated] expenses. These advances would be capitalized and become a part of the actual cost of the system and be repaid to Umark in the annual installments provided for under the agreement. That figure has been reduced from $100,000 to $75,000,with an added provision that Umark would pay on request of the City legal fees to defend either the agreement or the right of the City to serve any or all portions of the Umark land up to a maximum amount of $25,000. This 'amoQnt would not be capitalized and in the eventuality some or all of it were to be paid it would not become repayable to Umark. Mr. Mayor and members of the Council) that summarizes the agreement as best I can. I will be happy to answer any questions which you may have concerning its substance. I notice Mr. Kerry Patterson is in the audience and I am sure he would be glad to answer any questions which I am unable to answer. Mr. Ken Mullin, the'City°s consulting engineer on this project)is also in the audience. Mayor Chappell: Does any member: of the Council have any questions? Councilman Shearer: I have one unanswered question. I am concern- ed with the 2 year period for the $25,000 offer. What is the statute of limitation in which a suit can be filed? Mr. Wakefield: If the action is brought upon the agreement City Attorney itself then the statute of limitations would be 4 years. What we are talking about here really relates to the authority of the City to enter into the agreement , rather than the agreement itself. The statute of limitations on such an action would be 2 years. The more difficult part comes in connection with the authority of the City to serve water in the Walnut area. I think all we can do in that connection is to refer to the provisions of our California statute,which specifically authorizes a City to furnish water to the inhabitants of an adjoining City provided the adjoining City is not already serving those inhabitants with water. We have recognized and the agreement recognizes,that the City°s ability to -serve water to inhabitants living within the city limits of the City of Walnut may be contingent on the fact that no other public entity is serving those same inhabitantso.The agreement provides during the'time it is in effectjUmark will not permit or authorize any other public or private entity to install water facilities within its land so long as the City remains willing and able to proceed with this agree- ment. Specifically)•the answer to your question is that the matter of the enforcement of the agreement and the City°s right to serve the area included within the City of Walnut may not arise until facilities are actually constructed in Walnut and that may be -:some 3 or 4 years or longer in advance. The 2 year period is really arrived at on the assumption if any individual or corporation desires or intends to challenge the authority of the City on its right to serve water within the City of Walnut/that that challenge will come within the first 2 years of the agreement. To that extent, it is an arbitrary time.),but it is tied into two particulars, the ability of the Umark Company to .terminate the agreement is also limited to the 2 year period, so the two are tied together).although Umark may not elect to terminate the agreement until there is a final determination or challenge made. Councilman Shearer: I am concerned with the challenge of the agree- ment and not with somebody wishing to serve Walnut. There was some controversy as to who was going to buy the system,and that is the thing that concerns me. Tf we find ourselves in the position are we)as a City,/adequately covered as best as possible in this situation? Mr. Wakefield: In my opinion the 2 year period would actually City Attorney cover -lhe period in which a valid challenge - 13 CITY COUNCIL 6-14-71 Page Fourteen CITY ATTORNEY° Umark Water Agreement as to the authority of the City to enter into the agreement could be brought. Councilman Lloyd: Mr. Mayor, didn't we receive some indication that somebody wanted this action held. over? • Mr. Aiassa: Yes)it was hand delivered and I believe the Mayor has it. (Mayor Chappell said he did not have the communications Councilman Shearer it was laid before him and he passed it on down to the Mayor. Mayor Chappell said the letter was from Howard M. Downs, Counsel for the Suburban Water Systems, and read as follows: "I was informed today this matter was on.the- evening's -agendas and as I had no opportunity to review .the.proposed-I:agreeme.nt:- request- copy of the agreement and continuation of the matter before the Council. °" ) Councilman Nichols: Mr. Mayor, I think over the past 4 or 5 years when the matter of the potential development of the original Home Savings holdings came up, I have been known as an advocate of the position taken between Suburban Water Systems and that is wherever possible a private enterprise should provide water services and the City should not in fact enter into the water business. If I felt this evening that there was any remote possibility that a further delay of this matter might give impetus to that philos.ophy I would be shouting to the rafters that we should delay the action tonight, but I think this memo from the attorney of Suburban Water Systems represents either plainly a delay tactic or an incredible amount of ignorance and inefficiency. I think that if Suburban later Systems truly felt there was any legitimate opportunity to delay this matter further they would have had representation here. in full force, I think any further delay would only enable Suburban to gather up its employee forces and bring them out to another council meeting) where there would be another hearing largely between the City Council of West Covina and the employees of Suburban Water Systems. That hearing has already been held. All of the elements of argument have been offered. As far as I am concerned the battle is lost and it was lost some time ago)and a good, .fight lost is one to be put behind them, so I woh,,°t­prbpose to delay the matter any longer. I would join with the rest of the Council in the motion that the water agreement as proposed be accepted._ Seconded by Councilman Lloyd. Mayor Chappell.- I have one other question pertaining to all other sources charged the same charge. Would this also pertain to the City'of Covina lands? Would we also pay the same? Mr. Wakefield: Yes, Mr. Mayor - but let me back up a bit. City Attorney 50/ of the gross receipts figure is tied to services that are provided through the use of the Azusa transmission m�dn and the backbone system., It might be •possible, of course, that the City would make some arrangement with the City of Covina to continue to serve those users with water directly from the Covina system, in which case this particular agree- ment would not be involved and there would be no payment required. On the other hande.if water were to be diverted from the Azusa trans- mission line to serve those facilities, then the 50/ gross receipts item would be required to be paid,out of the agreement. Councilman Nichols: Mr. Mayor, I might observe that i seems to me that recommendation is entirel, adequate and equitable `-- to protect the interests of West Covina,as well as the interests of the seller,in that it simply says the City of West Covina can utilize a built-in system, - 14 - i CITY COUNCIL 6-14-71 Page Fifteen CITY ATTORNEY: Umark Water Agreement pump water to it from another source, and take 50/ of all the revenues that accrue from that water coming through that system. I would like to have that kind of business myself. Councilman Young: I agree with the intent,I think,of Council- man Nichols' earlier remarks. I will come to the defense of Mr. Downs to some extent) since anyone who is an attorney can be accused of gross inefficiency on occasion, but I rather hate to see it happen. I think we did have an eloquent presentation by Mr. Downs at an earlier date)and we had quite a debated and I do question what more could be presented. I would be more comfortable with this agreementiand I am not sure just what the status of negotiation is with Umark on it, but I would be more comfortable if paragraph 5011, beginning on page 19, if two things were to happen. If the period of time was extended to a period of 4 years, although the City Attorney°s comments have somewhat negated some of the feeling I had on it. I feel that it might be a 4 year period that Suburban could actin light of the fact they would be acting on some previous arrangement that would not come into place until its intent were violated. I recall Mr. Downs' comments of a year ago,and I think a 4 year period would certainly cover that., The other point that would make me feel more comfortable would be if the extraordinary expenses involved here would specify the inclusion of legal fees within the $75,000 figure. I don't have any complaint in breaking it down to the $75,000 - $25,000 figure with the $75,000 being tacked on as a part of the cost of the system and paid back'in accordance with the remainder of the agreement, because I think we are well protected now on the 2:5 year period in which time Umark may well take it back/ but I am a little worried about $25,000 being an adequate sum in the event of some extensive litigation developing over the CityAenteririg:'into this agreement if the $75,000 could be included and reimbursable,, the $25,000 simply being Umark°s contribution, I would hate to feel that at some future time we would have to tap into the General.Fund to cover this. I think we all share a certain reluctance about going into this thing. It is new) and a rather drastic thing for the City. Mr. Wakefield: Mr. Mayor and Councilman Young, the principal City Attorney reason that the amount of $100,000 was broken into two parts was simply because it was our feeling that the extraordinary expenses that were provided for in the previous agreement of $100,000 was intended to include legal fees and expenses that might be incurred in defense of the agreement. You will notice that it specifically provides that the extraordinary items do not include the maintaining or operating of the water system for the entire $100,0001but should it be requested it would be capitalized and become part of the actual cost. We broke it down in two units so we could provide a maximum of $25,000 which might be used in defense of the City) and that amount would not be an obligation of the City to be repaid to Umark. It is my understanding that the agreement as it now stands before you has been approved by Umark., and its appropriate officers have been authorized to execute the agreement'in this form. As I indicated, Mr. Patterson is here. Perhaps we might ask Mr. Patterson if Umark would have an objection to extending the 2 year period to 4 years. I am inclined to agree •when it comes to litigation,, the only limitation that exists is the ingenuity of Counsel) and you can pretty well tailor it to fit most any kind of statute of limitations. This is a particular problem) and.Mr. Patterson, what can you tell us Umark°s reaction would be to extending it from 2 to 4 years? Mr. Kerry Patterson Our position is a little bit confused Umark, Inc. at the momenta The 2 years versus 4 years is not a critical matter. We were relying,. insofar as Umark is concerned)on legal advice that 2 years seemed to be adequate to cover all the foreseeable things. If it is not, it is a simple matter to change froth. 2 to 4. It was intended to - 15 - CITY COUNCIL 6-14-71 Page Sixteen CITY ATTORNEY: Umark Water Agreement cover the subject. The confusion is with regard to the $100,000 originally proposed and in the proposal which we received from this Council approximately three weeks ago there appeared to be a desire on this Council°s part to identify as a specific portion of that money as legal expenses, whereas before that modification came in the entire $100,000 was theoritically available for legal expenses. I assumed that the draft before you is in the form that you wished it. If that is not the caseethen I would like to hear for my own clarification as to what you are asking. Councilman Young: The only thought I had - and I don't quite recall the breakdown at the Council level that you mentioned as to what should be legal fees and what shouldn't be. I don't think personally it is that important in this type of agreement which goes for 25 years, and by then you either pay all or you are out. It could have some bearings but I don't think a great deal, a minimal amount of bearing. My personal concern is I don't want the City reaching into General Funds to pay legal fees on the basis of this agreement. I want Umark to pay those fees if they are added on to the contract - fine. Paragraph 5.11, as it reads actually does this provided that the $75,000 extraordinary expenses include legal fees over and above the $25, 000. Did I -;make..myself-blea-r? Mr. Patterson: Yes. Councilman Young: If that kind of sentence could be put in,I would sleep well with the agreement. Mr. Patterson: If that is, in facts all it requires to give you a good night's sleep I hope•you have a good night's sleep because I don't have any problem with that. It was intended to be that way originally. Councilman Young: I would then be satisfied. Mr. Patterson: For the record - Umark hereby agrees with the modification of the 2 year term to a 4 year term,and clarification that the $75,000 of extraordinary expenses does include legal expenses in excess of the $25,000 separately identified and)furtherrthat Umark is willing and able to enter into this agreement this evening. Mayor Chappell: Thank you very much,Mr. Patterson. Councilman Nichols: We have an amendment offered by Councilman Young to incorporate the language of the comments made here by Mr. Patterson. Councilman Young: I don't think an amendment would be in order, there has been a motion on the agreement arrived at. Councilman Nichols: Mr. Mayor, I would prefer that my motion be amended to incorporate the understanding reached here and be subject then simply to the agreement signatures of the officials of Umark. The Council would have to take further action on my motion to incorporate the entire matter as amended. Councilman Young: I will make a motion amending the motion as stated. Seconded by Councilman Shearer. (Further discussion followed on the need for an amendment to the original motion.) - 16 CITY COUNCIL 6-14-71 Page Seventeen CITY ATTORNEY: Umark Water Agreement Mr. Wakefield: Mr. Mayor and members of the Council, I agree City Attorney with Councilman Nichols that the motion is that the agreement be amended by the City Attorney to include the understanding as stated by Mr. Patterson here this evening and that,if so amended the City Council authorize the Mayor and City Clerk to execute the contract. • Motion carried on the amendment on roll call as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, ::Chappell NOES: None ABSENT: None Motion carried on the original motion on roll call as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None (THE CHAIR CALLED A_RECESS AT 8055 P.Mo COUNCIL RECONVENED AT 9:08 P.M.) ORAL COMMUNICATIONS None. CITY MANAGER FIRE STATION NO..6 Mr. Aiassa: This is an approved plan and City Manager specifications and the need for this station is tied in with the Bren development. Council has received a rather voluminous report. Motion by Councilman Young, seconded by Councilman Lloyd, to a.p.proye plans and specifications of Fire Station No. 6 and ;to, ;a:uthor_ize..the calling for bids; and further accepting the Bren Development Company offer for temporary quarters. Motion carried on roll'call vote as follows: AYES: Councilmen Shearer, Nichols, Young, L1oyd,5Cha.pp:e1"l NOES: None ABSENT: None SAN JOSE SCHOOL Mr. Aiassa: This is a direct communication ANNEXATION to the Council - we have been in rather a suspended position since about December of 19700 at which time we tried to bring a formalized annexation to include the remaining surrounding areas around San Jose School - about 12 parcels.. After.due process) we find there is no great interest in. -one large parcel to annex. I would like authorization from Council to submit two separate annexations to LAFCO. One is for the San Jose School area and the other is for Edison Company, plus the properties on Rio de Oro., and also the remaining parcels on the northwest corner which includes the service station, the 7-11 store and the lNbbile Motel. If Council has no objections',we will immediately formulate the legal discussions and make these applications to LAFCO and initiate the annexation. So moved by Councilman Nichols, seconded by iCouncilman Young. Councilman Shearer: I have a question. He mentioned_.parcels on Rio de Oro - these would be the.anl.y inhabit;e-d'- parcels? Mr, Aiassa: No - we are dealing with less.than four registered voters and under the State Code any area with less than eleven registered voters can be annexed as uninhabited .-. area. Mr. Wakefield can probably answer any legal aspects,,if you have any. Councilman Shearer: Is the annexation of parcels on Rio de Orb - - 17 f • • CITY COUNCIL 6-14-71 CITY MANAGER: San Jose School Annexation Page Eighteen particularly the ones with people living in them - required in order to successfully annex the Edison Company? Mr. Aiassa: No. Councilman Shearer: In your opinion will LAFCO approve the Edison Company annexation without the parcels on Rio de Ora? Mr. Aiassa: I don't believe they will. Councilman Lloyd: Is there any resistance to this on the part of any property owners? Mr. Aiassa: Yes there may be partial resistance on the part of two owners. Councilman Lloyd: Who are the people protesting? Mr. Aiassa: They really cannot protest,because it is con- sidered an uninhabited area,and it is the assessed evaluation that will determine what area can be brought in or not brought in. Councilman Lloyd: Who do you anticipate by name that might protest? Mr. Aiassa: Tom Do Ganganell % owner of one lot; Roy F. Innes, who lives in Los Angeles and rents his property. Councilman Lloyd: Then,as I understand it)and unfortunately I don't have a map - if Edison Company is for.it,what gain will it be as far as the City is concerned? Mr. Aiassa: Two gains. One, and the most important, is that we do take in. the northwest corner which has the gasoline station, the 7-11 and the motel,, now unoccupied. And,if we allow it to be occupied -by registered voters) this parcel will probably never be brought into West Covina. We feel if the City had annexed this area a few years ago this development now in here would not be so highly densely developed. We feel there should be some control. Councilman Lloyd: In other words/what you are telling me is that the property would not exist as it does if it -.ad--been ­ ahnexed prior? Mr. Aiassa: Right. (Map displayed to Council and Mr. Aiassa pointed out -the various locations and explained in detail.) The San Jose School is the only school in West Covina not within the City limits. And, incidentallyoEdison Company had at one time proposed to build a substation in the Citylbut couldn't get a big enough parcel. Councilman Lloyd: What kind of income might we realize from this annexation? Mr. Aiassa: I think we will get a substantial return on the Edison property alone. The assessed evaluation is done by the State Board of Equalization/and they submit it to the County, -and the County transmits the portions in the City to use I did have a total breakdown but it is going to be subject to a re-evaluation. I don't have the new evaluation of the area. Councilman Shearer: Mr. Mayor, my understanding when I came on the Council was that the policy, the attitude - 18 - CITY COUNCIL 6-14-71 Page Nineteen CITY MANAGER: San Nose School Annexation of the City in regard to annexation with inhabited _ area was one that we don't push, we wait and,if they initiate action - fine. I think this is a good policy and I question this Rio de Ora situation in that I know from firsthand experienceihaving friends on the street, that they are not interested in annexation to the City and this appears •to me to be sort of a divide and conquer situation in which we will not look too good. Granted we clan cut the'piece up and annex on the basis of uninhabited territory. I wonder if this is what this Council wants to do? I would like to see the proposal made to LAFCO on the basis of not having - since we can legally annex it, without having the inhabited properties included. And)if they disapprove that then come back and perhaps reconsider some other approach. I cannot vote on what appears to me to be a little divide and conquer move. Mr. Aiassa: I think I should try and clear this matter a bit for Mr. Shearer. This is an area that has a long his"tory; it has been unincorporated and developed by the County. We have had street problems and street designs interlinking into Azusa Avenuep we have tried numerous times, on a volunteer basis to go out and solicit their annexation; this is an island and, eventually, it will be a complete island. There is now State legislation being proposed and,I believe,on the floor of the legislators, that it will be mandatory that the City annexes these areas that create islands within their City area, and it is just a matter of time before these properties will become a part of the City. We have about 39 miscellaneous parcelsl and if we wait for those parcels to annex I believe that the City will be celebrating its 100th Birthday. We have twelve particular -islands up here on the hill/ and one I doubt by now if the County Fire! ­Department could find if they had a fire. We have fourteen parcels scattered throughout the southwest area that are very small, about the size of this area, that remain in the County and they do cause problems when. they have a fire or need assistance. They call and give us an address,and when we say they are in the County they tell us don't tell us we are in the County we have a West Covina mailing address and then we have to explain it to them that they are in the County. I will do whatever the Council would like, but this is a situation we are facing that is gradually going to get tougher - where you have these islands and you can't serve them. I believe Mr. Chappell talked to those people and tried to talk them into annexing as a whole area, without any success. Mayor Chappell: That was a long time ago, probably most of the people have moved away by now. Will we hold a hearing on this after LAFCO gives permission - if they do? Mr. Aiassa: Yes, this will be brought back to the Council for review. `Councilman Nichols: You have this broken into two different annexations. Well, Mr. Mayor, I have no sympathy for the individual who resides in a complete pocket within the City, gains all the benefits of the City services, puts his kids in our parks and schools, drives his •car on our streets, takes advantages of all municipal services and says"don°t annex me because it will cost me $30.00 a year. I am not very sympathetic to those people. I am indeed sympathetic to those people that live collectively in an area where there are significant numbers of people and where the overwhelming sentiment is to stay out, but when you have one or two houses virtually within the City and the life style of these people indicates they are in the Cityjbut they don't want to pay the extra $30.00 a year in taxes, I don't think I really have sympathy towards them. However, I would be inconsistent in terms of my own philosophy if I said grab them anyway, so I would have to really side with Councilman Shearer and say that] as long as those people do have that option,they ought to be allowed to -exercise it. I disagree with them philosophically but I agree with the right to m 19 - CITY COUNCIL 6-14-71 Page Twenty CITY MANAGER: San Jose School Annexation disagree as long as the law lets them. Mayor Chappell: We do have a motion and a second. Is there further discussion? • Motion carried on roll call vote as follows: AYES: Councilmen Young, Lloyd, Chappell NOES: Councilmen Shearer, Nichols ABSENT: None KEN MULLINS Mr. Aiassa: Mr. Mayor, I have one item that CONTRACT is not on the agenda and I believe you have a report on it. We have to negotiate a new contract with Ken Mullinssour consultant on this matter. And Mr. Mullins is here to answer any questions you may have. Councilman Lloyd: One question,Mro Mayor. Do we have monies in this year's budget for this item - Mr. Aiassa? Mr. Aiassa: Yes, the Mayor also inquired of me tonight on that point. We specifically budgeted money for consultants and have not used all the money budgeted. Councilman Young: Would this not be an item under the "extra- ordinary expenses"? Mr. Aiassa: No. He will be working to establish the actual details of the actual costs of all these other items. Motion by Councilman Shearer that:;!the�'recommendation regarding Ken I. Mullins, Inc.. be approved and tD authorize the Mayor and City Clerk to execute the agreement. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Councilman Nichols: Mr. Mayor, may I interject a question? On the annexation issue it was indicated there were to be two separate annexationsobut we covered it with one motion and I wondered if my no vote resulted in being logged in opposition to the San Jose School, because if it did that could be personally embarrassing. Mayor Chappell: I rather doubt it, AUTHORIZATION FOR CITY Mr. Aiassa: This request will depend on MANAGER TO GO TO how the Council will operate SACRAMENTO ON on the budget. The last JUKE 16. 1971. confirmation we had is that we are conducting budget sessions on June 18, 21 and 22nd. If Council has no objections,I am • proposing to go to Sacramento on June 16, and see if I can clear up this California off -ramp. There are two or three alternatives oand I believe it would be to the advantage of the City if I reviewed these with the state representatives in Sacramento, In that we are trying to interject ourselves into a redevelopment in the Plaza area® it might be to our advantage to have the off -ramp placed at a more desirable position than the present one where it will actually tie into California Avenue. It is going to take some plain details to review this with the representatives of the State and, as you know,we have a June date to deliver the right-of-way for the off -ramp and we have passed the June date,/so we will have to delay until.we get another date to get the State Division of Highways ready to design and put up 20 CITY COUNCIL 6-14-71 CITY MANAGER; June 16 Sacramento Trip Page ,Twenty-one for bid. We have cleared the most critical one at Orange Avenue.'and I would like to point out that the Cal Stores and the West Covina Hospital were very cooperative and assisting in this matter. Mayor Chappell: How much will you need�Mr. Aiassa for the trip? *Mr. Aiassa: Probably about $65.00. Motion by Councilman Lloyd, seconded by Councilman Nichols, that the City Manager be authorized to go to Sacramento to discuss policies as stated here on June 16, 1971, with a budget not to exceed $100. Councilman Shearer: A question. I have no objections to the trip, provided it is profitable to the Cityrbut as an employee of the Division of Highways, generally proposals/which I assume is what the City Manager is talking about, are generally made through the District Office in Los Angeles and if someone goes to Sacramento they are asked to contact the District Office. Have you discussed this with Mr. Mayfield and his Department or are you bypassing this and you feel you can accomplish something by going to Sacramento? Mr. Aiassa: We are not at an impasse with Mr. Mayfield. We have negotiated very well with Mr. Mayfield and he has advised usland also other representatives of the Division of Highways/ that there are rules and regulations, etc., and I am trying to find a ;lay through the higher level of echelons to see if we can clear the way to amend that agreement. One of the things I believe you mentioned Mr. Shearer, was by taking an off -ramp and in giving two off - ramps.... Councilman Shearer: Mr. Aiassa: Mr. the and time with were Is that what you are going to take to Sacramento and propose? NoI I have alternatives and also I would like seek a clarification on the landscaping, It is a carry-over since the retirement of Hoy and Ed Telpher. We have about three items very crucial to City of West Covina and there will be no --point in my going back discussing with Mr. Aya.nia.n-b66ause--he­wa-s not present at the that these contracts were negotiated. I am first going to meet Mr. Legarra who was here at the time the original negotiations put together. We are not bypassing the Los Angeles office. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, *Chappell NOES: None ABSENT: None Mr. Aiassa: I would like Council to determine the exact dates and time for the Budget Sessions. I believe my secretary has contacted each of you and discussed the prospective dates,and we are now left with the date of June 18th for the first meeting. If convenientywe would like to meet at 3 P.M. and go to about 10 or 10:30 P.M. I understand this is •a Friday and a dear day to all of us. (Mentioned the other dates and times and Councilmen discussed the need for meeting an the dates suggested, proposing other dates and times, etc.) Mayor Chappell: If there are no further objections by Council) we will meet on June 18th at 4 P.M., and then on the 21st and 22nd and -then we will decide when and if we need another session and when that will be. So moved by Councilman Lloyd, seconded by Mayor Chappell and carried. - 21 CITY COUNCIL 6-14-71 Page Twenty-two CITY CLERK Mayor Chappell: Madam City Clerk has two items that were given to her this evening. She is requesting that the Canadian Legion Post 167 have permission to operate two Fireworks stands and the Jewish War Veterans Post 1776 have permission to operate three Fireworks stands. Is this the same as granted last year? Lela Preston: Yes,it is the same as they have had for City Clerk several years. Motion by Councilman Young, seconded by Councilman Lloyd and carried,to Aa.ppr®ve, subject to any compliance with the Temporary Use Permit provisions. MAYOR Is REPORTS Mayor Chappell: I have been requested,in a nice letter from the Junior Women°s Club of West Covina,to proclaim the first week of November as Narcotics Education Week in the City of West Covina. Once we make this movement they are going to attempt to do this throughout the State of California and I am sure we wish them well in their efforts. They have an agenda which will be published so we all can see what they will be doing in that first week of -November. Hearing no objections, I will so proclaim. We have taken up our calendar for this evening. The only local member to accept this basketball contest against the City of Inglewood Council - which averages age 36 - is Councilman Lloyd. So we will file their letter and write them a little thank you note. Councilman Lloyd: Mr. Mayor,if they are really hot to have a contest perhaps we should suggest a contest or some sort of a quiz on municipal government which would be far more germane to the running of the City instead of basketball. I would be very happy to participate in that type of activity. Mayor Chappell: I think their objective is that steak dinner. COUNCIL COMMITTEE REPORTS Councilman Shearer: Mr. Mayor I have two items. There seems to be a lot of talk in the papers and we received a number of resolutions by various cities regarding the move initiated by the City of Baldwin Park regarding the redistribution of the sales taxes. I would like to ask staff to make a report regarding what effects, if successful, this would have on our City. Secondly, I have also received a number of resolutions regarding the requirement of four clerks in an election. Due to the fact that we are now having an election where probably 50 people might turn outland we have four clerks there to count the •ballots - I would like that investigated, and a report back as to the position of the City regarding the provisions of the Election Code. EXECUTIVE SESSION Mayor Chappell,, At this time I would like to call an .Executive Session with regard to Mr. Overholt, a member of the Human Relations Commi&tion, who has declined to accept a reappointment. (Executive Session called at 9:45 P.M. Council reconvened at 9:47 P.M.) - 22 - CITY COUNCIL 6-14-71 Page Twenty-three DEMANDS Motion by Councilman Young, seconded by Councilman Shearer,to approve,_ Demands totalling $315,615.58 as listed on Demand Sheets B472 through 475 and C374. This total includes payroll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ADJOURNMENT Motion .-by,_:Councilman Lloyd., seconded byl,. Councilman Young, to_'a.djozirn meeting at 9:50 P.M. to June 18, 1971 at 3 P.M., and further that we:i.adjourn in commemoration of Flag Day,which is today. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ATTEST. City Clerk • APPROVAL: Mayor - 23 -