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11-08-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 8, 1971. The regular meeting of the City Council was called to order at 7:31 P.M., in the West Covina Council Chambers by Mayor Ken Chappell. The Pledge of Allegiance was given. The invocation was given by Reverend Charles R. Simmons of the United Methodist Church of West Covina. ROLL CALL 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 Richard Munsell, Planning Director Bert Yamasaki, Ass°t. Planning Director George Zimmerman, City Engineer Ross Nammar, Administrative Assistant Norm Stevens, Director of Recreation & Parks APPROVAL OF MINUTES October 26, 1971 Motion by Councilman Lloyd, seconded by Council- man Young and carried, to approve minutes as submitted. October 4, 1971 Motion by Councilman Lloyd, seconded by Council - (Revised) man Young and carried, to approve revised Pages 2, 2a, 2b and 3 of October 4, 1971. CONSENT CALENDAR Mayor Chappell explained the procedure of the Consent Calendar and inquired if there was anyone present that wished to speak on any item of the Consent Calendar: to COMMUNICATIONS a) Walsh-Forkert Civil Engineers, Inc. b) Mrs. Emil Smith 1301 Mariana St., West Covina c) Immanuel First Lutheran Church and. School d) Henry Grivi West Covina Disposal Company e) Mr. & Mrs. Don Mead 3803 Nearpoint Drive West Covina REQUEST on behalf of Margaret Ruth Hill for extension of filing date for final map for Tract No. 19665. (Refer to Staff) RE height requirements for West Covina Police Officers. (Receive and file) RE removal of stop sign at Valinda and Service Avenues. (Refer to Traffic Committee) REQUESTING early renewal of negotiations for rate increase. (Refer to City Manager) Expressing appreciation for upgrading of crosswalk at Hollingworth and Sentous and further requesting con- sideration of a stop sign also. (Receive and refer to Traffic Committee) f) Salvation Army REQUEST to place Christmas Kettles with attendants in Plaza and Eastland Shopping Centers from Dec. 1-24/71. (Recommend approval) CITY COUNCIL 11/8/71 CONSENT CALENDAR - Cont°d. g) Arthritis Foundation 4 h) Charles R. Bierly .2. PLANNING COMMISSION 3. RECREATION & PARKS COMMISSION 4. HUMAN RELATIONS COMMISSION 5. YOUTH ADVISORY COMMISSION Page Two REQUESTS permission to conduct annual fund raising campaign during month of February, 1972. (Recommend approval subject to staff review) Reasons for proposing the creation of a new County of San Gabriel. (Council) Summary of Action - October 13, 1971 (Adj. Mtg.); November 3, 1971. (Receive and file) Summary of Action, October 27, 1971 and November 2, 1971 (Adj. Mtg.) (Receive and file) Summary of action - October.28, 1971. (Receive and file) Summary of action - October 28, 19710 (Receive and file) 6. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS a) PROJECT NO. SP-70007 LOCATION: Lark Ellen Avenue extension GRIFFITH COMPANY from Amar Road northerly. Accept street improvements and authorize release of The American Insurance Company Bond No. SR-707 51 89 in the amount of $52,264.50, subject to Notice of Completion procedure. (Staff recommends acceptance) b) TRACT NO. 30903 LOCATION: Leaf Avenue and Walnut Creek MONUMENT BOND Parkway. LLOYD E. MOEN CONST., Authorize release of The Western INC. Casualty and Surety Company Bond No. 386805 in the amount of $770. Monuments in place. (Staff recommends release of bond) 7. ADMINISTRATIVE ITEMS a) Freeway Widening (Receive and file) Monthly Progress Report 8. ABC APPLICATION Chief of Police recommends NO PROTEST. a) Dennis-M. and Christie E. Feeney dba GOLDEN KEG 821 E. Alwood Street, W.C. 2713 E. Valley Blvd. West Covina 9. CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) James B. and Darryl K. Sallee Motorcycle accident on Pass & 1631 Fieldgate Avenue Covina Road, south of Maple - Hacienda Heights grove St. (Deny and refer to Insurance Carrier) b) State Farm Mutual (James E. Lewis, insured) Automobile Insurance Co. (Deny and refer to Insurance Carrier) Councilman Lloyd: Mr. Mayor, I don't fully understand Item (h) regarding the creation of a new county. Staff has recommended "Council". What kind of action is that? What were you suggesting by that •- Mro, Aiassa? �e - 2 - CITY COUNCIL 11/8/71 Page Three CONSENT CALENDAR_- Cont'd. Mr. Aiassa: This is referred to Council for their action. If you so desire you may refer it to staff for further report and we will put it back on the agenda at your next meeting and in the meantime you will receive further material. Councilman Lloyd: Before we even remotely consider anything of this nature I think we would have to have a Study Session on it. It has tremendous repercussions and even to accept the item on the agenda by Council has problems to it as far as the Los Angeles County is concerned. Is that correct? Mr. Aiassa: Yes. Councilman Lloyd: Are we going to have a presentation on this by Mr. Bierly? Mr. Aiassa: You have received a written communication. Councilman Lloyd: Yes, I have read that. Is there no other presentation to be made? (Mr. Aiassa answered "no".) Maybe then the action should be to refer to staff and we receive a staff report on it. Mr. Aiassa: I referred it to Council for your referral back to staff if you so desired. We did not want to spend time on it unless you so indicated. Councilman Young: Mr. Mayor, in my opinion this would be placing staff in a position that is so purely political that it best be considered at Council level. I suggest that we approach San Diego County or Orange County or San Bernardino County with the prospect of the merger of counties and thereby reduce all the facilities we would have to duplicate with a second county in the area contemplated by Los Angeles County, and as an alternative to that some better representation. More supervisors, perhaps 11 instead of 5. And I am ready to make a motion to that effect. Motion by Councilman Young that the West Covina City Council disavow any efforts to divide the present Los Angeles County into two counties and in the alternative propose a broader representation of the present population of this County on the Board of Supervisors. Councilman Lloyd: I will second.that motion. And by way of comment - meaning more supervisors - I am sure you are all aware that the average Supervisor, one of five, represents 1,250,000 people, which is a staggering workload if you see everybody once a year. Mayor Chappell: My only remark would be that anybody even suggesting the forming of a new County has to be kidding themselves and perhaps just attempting to get some publicity because it is an item certainly worthy of news. Councilman Shearer: One further question. I think I am`in favor of forgetting about dividing, but I am not sure about being in favor of the City seeking more representation. I am sure that no one here is prepared to pursue actively further representation, or is this more of a paper statement. Are we going to follow up on this? Councilman Young: The intent of the motion is to seek the County Supervisors. More smaller addition of Districts. That is the whole intent of it. I can see us passing Resolutions, I suppose addressed to the State - 3 - CITY COUNCIL 11/8/71 CONSENT CALENDAR - Cont°d. Page Four Legislators, which would request that the County be divided into 9 or 11 Districts rather than 5 as it is presently. That is the intent of the motion. Councilman Shearer: You do intend to follow up with some positive • action? Councilman toung: Yes. Councilman Nichols: I am prepared to vote on the motion, but I think it is a bit strongly worded. The term to "disavow", as I understand it, indicates to choose not to have any sympathy towards and withdraw totally and completely from. For my own I would rather say the West Covina Council doesn't choose to associate itself with the move to withdraw but I suppose we are getting into an area of semantics. If the maker of the motion doesn't choose to soften it I will vote for it. Councilman Young: I can't soften it, because it has been seconded already and the parlimentarian says we have to vote it down and redo it. Councilman Lloyd: That is right. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Councilman Lloyd: I have one more thing with regard to the Recreation and Parks Commission Summary of action, Item 3 of the agenda. Item 1-b of the summary of action says construction of a pergola area in the Galster Park picnic area budgeted in 1971-72 $10,000. That is a lot of money. Are we committed to it unalterably? I really would like to have it referred back to staff and receive an explanation on it at a later date. Councilman Nichols: Mr. Lloyd,is that a motion? (Answered: Yes) It is sort of a wooden umbrella thing. And I will second the motion. Motion carried. Motion by Councilman Shearer, seconded by Councilman Lloyd, to approve Consent Calendar items with the exception of Item 3. Motion carried on roll call as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None AWARD OF BIDS PROJECT NO. TS-71007 LOCATION: Citrus Street and Workman TRAFFIC SIGNAL Avenue. MODIFICATION • Bids received in the Office of the City Clerk up to 10:00 A.M., on Wednesday, November 3, 1971, and thereafter publicly opened and read. The City Clerk presented bids received as follows: Powerline Erectors, Inc., $20,850 ,Steiny & Company, Inc., 21,780 C. T. & F., Inc., 23,874 Fishbach & Moore 26,700 n CITY COUNCIL 11/8/71 Page Five AWARD OF BIDS: PROJECT # TS 71007 Motion by Councilman Young that City Council accept the low bid of Power Line Erectors, Inc., of Saugus, for City Project No. TS 71007; and authorize the Mayor and City Clerk to execute an agreement with said Power Line Erectors, Inc., for the work. Seconded by Councilman Lloyd and carried on roll call vote as follows: • AYES: Shearer, Nichols, Young, Lloyd, Chappell, NOES: None ABSENT: None "SAFETY TOWN" Bids were advertised to be received in the TRAFFIC SAFETY SIMULATOR Office of the Chief of Police up to 10:00_, A,M., on Wednesday, September 22, 1971. No", bids received. Bid opening date extended: Councilman Young: Mr. Mayor, the only problem here is we have a lower bid recommended to be rejected. Item 4 of the material given to us here indicates that the bid bond was omitted and proposal for the interior and exterior graphics and an extension of one week was given so they might comply with City specifications. On October 15 the bid bond was filed with the. City and on October 19 the graphics proposal was submitted and after review by the architect it was determined that this proposal does not meet the bid specifications. Am I reading that right? Are there two different bases of rejection here? Mr. Wakefield: Yes, when the bids were originally opened the low bidder did not include a bid bond. And he did not have the drawings which were required designating the design for the interior and exterior of the traffic simulator and the portion of the bid which required him to indicate the owners of the firm - this was omitted. The staff felt in-- iew"'of the difference" between the two bids that the low bid should be given every opportunity to correct those deficiencies on the theory that they were irregularities the City Council might properly waive if they elected to do so. However, when the deficiency of the bid bond was corrected, the design when it was finally submitted apparently was not acceptable,to the staff and so the recommendation was that the bid be rejected because of the irregularities that had occurred in it. Councilman Young:- Is the City Attorney of the opinion that we do not risk litigation over this? Mr. Wakefield: No sir, I think the question as to whether or not the City Council waives the irregularities in the low bidder's original bid are matters of discretion entirely and you have the.authority to reject the bid because of those irregularities and award it to the next. low bidder. Councilman Young: Would it be worthy to have a presentation of the two bids in detail by staff to make a determination whether or not this waiver would be appropriate, when we are talking about a $4200 difference? Mr. Wakefield: Yes, I think it is appropriate to give . whatever specific consideration to the detail of the bids the City Council deems is appropriate. Mayor Chappell: Mr. Aiassa, is there anyone here that can make this presentation tonight? Mr. Aiassa: There are three groups involved. The Police Department, the architect and my office. This is a project set up by a Federal grant and we have certain standards and requirements to meet. And also - 5 CITY COUNCIL 11/8/71 Page Six AWARD OF BIDS: "SAFETY TOWN" there is a certain degree of experimentation involved. We have spent many hours with both bidders and there are only two bidders and after the time spent by my staff in consultation with the City Attorney that is the recommendation they came up with. We also have a time limit in respect to getting the money from the • government and there is a total of $65,000 involved. Mayor Chappell: Is this price within our budget, Mr. Aiassa? Mr. Aiassa: Yes. Mayor Chappell: Is there a motion either way on this one? Motion by Councilman Shearer that Council instruct the Purchasing Agent to award a purchase order, in conformance with bid, to the Festival Artists for Safety Town Pedestrian Simulator in the amount of $29,815.00 at time of delivery. Seconded by Councilman Lloyd. Councilman Lloyd: A question of Mr. Aiassa. I know you reviewed this and made your recommendation but in going forward with this are we really getting the City's money's worth out of it? Mr. Aiassa: Yes, the City's share is in the effort and time staff is putting forth. It is on a matching basis. The Federal Government is going to give $38,597 and we.are putting our staff time into it and in putting on the shows, equivalent to about $26,000. The Federal Government took us on because there is such a great need for this and this is the first of its kind, other than the one we had at Eastland, which took days to put up and days to take down. This will be a compact unit, a mobile unit, and it will have a greater circulation to a greater amount of children and thereby do a greater service. We had problems before with schools busing the children to Eastland. We hope that this will be one of the many devices that will be used to develop safety programs and because we had made the first step in this direction the Federal Government awarded us the grant. It was a very difficult project, which they knew, because there has been none of its kind and that is also why the bids were rather difficult to obtain. (Explained in further detail.) We think it will meet with a great deal of acknowledgeable success and if the contractor produces what he says he will we will probably be the Number 1 Granddaddy again of Safety Town as we were of the Public Authority. Motion carried on AYES: Shearer, Nichols, NOES: None ABSENT: None PUBLIC WORKS PROJECT NO. SP-70007 STREET IMPROVEMENTS CONFIRM REPORT 1911 ACT • (Short Form) roll call vote as follows: Young, Lloyd, Chappell LOCATION: Lark Ellen Avenue from Amar Road to a point approximately 774 feet northerly. Motion by Councilman Nichols, seconded by Councilman Young and carried, to accept and file Engineer's report. RESOLUTION NO. 4469 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA CONFIRMING THE REPORT OF THE STREET SUPERINTENDENT RELATIVE TO THE COST OF WORK DONE, PURSUANT TO RESOLUTION NO. 4346, ON LARK ELLEN AVENUE FROM AMAR ROAD TO A POINT APPROXIMATELY 774 FEET NORTHERLY." - 6 - CITY COUNCIL 11,/8,/71 Page Seven PUBLIC WORKS: PROJECT NO. SP-70007 Mr. Wakefield: Mr. Mayor and members of Council, this resolution simply confirms the report and sets the matter for public hearing, Motion by Councilman Lloyd, seconded by Councilman Young and carried, to waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Shearer, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None WEST COVINA.STREET LOCATION: Various throughout the City. LIGHTING DISTRICT UPDATING .RESOLUTION NO. 4470 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE EXCLUSION FROM COUNTY LIGHTING MAINTENANCE DISTRICTS NO. 1866, 10,035 AND GARO (COVINA) OF CERTAIN TERRITORIES IN THOSE DISTRICTS WHICH HAVE BEEN ANNEXED TO THE CITY OF WEST COVINA." Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None PERSONNEL BOARD MINUTES - Sept. 14, 1971 Motion by Councilman Young, seconded (Adj. Mtg.) by Councilman Lloyd and carried, to receive and file. - October 5, 1971 Motion by Councilman Young, seconded by Councilman Lloyd, to receive and file. Councilman Young: And I have a question of Mr. Aiassa. Is there any particular reason this wasn't on the consent calendar, are we missing something here? Mr. Aiassa: No, the reason it was put on this way is because they came in a little late and the Consent Calendar was already completed, Motion carried. RESOLUTION NO. 4471 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PRO- VISIONS OF RESOLUTION NO. 1277 RELATING TO AUTHORIZED POSITIONS AND SALARIES. (PBX Operator, Apprentice Mechanic,. and Custodian) Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to adopt said Resolution. Motion carried on roll call vote as follows: - 7 - Page Eight CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 2104 AND 2105 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ORDER OF BUSINESS OF THE CITY COUNCIL." Mr. Wakefield: This is the Ordinance you discussed at your last regular meeting which would dispense with the necessity of a roll call at the commencement of your meetings and authorize the City Clerk to make note of the members in attendance or absent. Motion by Councilman Young, seconded by Mayor'Chappell to waive further reading of the body of the Ordinance. Councilman Shearer: Mr. Mayor, I have a question. Are we bound by Ordinance to conduct a meeting in the order of items A through L? If so, I suggest we take a look at them now and revise them because we don't do it that way now. For one thing we don't open bids here, we award bids. And in regards to our Consent Calendar there are some communications taken out of order, which is fine and I have no objection to that, but if we are to be bound by this ordinance and have to go to the expense of publishing it in the paper, etc., we might as well do it right. I didn't realize we had to go to the expense of publishing in order to dispense with the roll call. It seems rather expensive. Councilman Young: Well,it does expose an interesting problem, Councilman Shearer, as you have just pointed out. Councilman Shearer: I think we have been illegal apparently since I have been on Council because we haven't been doing things in this order and if we are bound by Ordinance... Councilman Lloyd: Mr. Mayor, I have a comment. I have already written something down for Mr. Wakefield. I note in the order there is no proviso whatsoever for the Council people to introduce anything. I guess we come under Miscellaneous. Is that correct? Well we must, there is nothing else that would cover it. I guess this is my ego speaking up but I thought perhaps since the City Manager and the City Attorney were afforded the opportunity at least of being on the agenda that the City Council might be afforded a similar opportunity. I understand the role, no question, however..,.. Mr. Aiassa: If it is the pleasure of Council, I would like to suggest that we carry this over to • the next meeting. So moved by Councilman Lloyd seconded by Councilman Young . Councilman Young: I think that some review of this particular ordinance should be made, especially after the points Councilman Shearer brought up, and Councilman Lloyd's points. This would deserve some discussion by Council, the City Manager and the City Attorney, perhaps a Study Session on this. CITY COUNCIL 11/8/71 Page Nine CITY ATTORNEY: Ord. re Order of Business Councilman Nichols: It seems to me the Ordinance can be reworded in one sentence to take care of this. At the end of the paragraph under Order of Business, it could state: "that the business of Council shall be taken up for consideration and disposition under the following headings" and then list them. This would allow the Council to revise the order of • any one, but would require the inclusion of all, and under Miscellaneous Matters perhaps a secondary heading "Council Committee Reports" which has been historically a part of this Council°s agenda. I think those two corrections alone would make it acceptable to the entire Council. Mayor Chappell: Mr. Aiassa, have you made note of those items? Mr. Aiassa: Yes, Mr. Mayor, I would like, if we carry this over, to meet with each Councilman and see what the comments are. Motion carried. ORDINANCE NO. 1177 The City Attorney presented: .ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA :"REPEALING SECTION 8147.2 OF, AND AMENDING SECTIONS 814 7 ..3 and 8147.6 OF THE WEST COVINA MUNICIPAL CODE RELATING TO ELECTRICAL CONSTRUCTION REQUIREMENTS." Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Lloyd, seconded by Councilman Shearer., to adopt said Ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None CITY OF WEST COVINA Mr. Wakefield: This is a further report vs AMERICAN MOTORIST with reference to the INSURANCE CO., re litigation entitled City TRACT NO. 28988 of West Covina vs. American Motorist Insurance Company. As.you will recall I reported a month or so ago that the trial of the action had been completed and the court had rendered its decision. I recommended that the Council take no action with reference to the report until this evening in order that'the Brutoco Development Company, which was interested in the litigation, have an opportunity to decide whether or not they wished to pursue the litigation further. I am advised by the Attorneys for Brutoco Development that they do not wish to pursue the litigation and recommend that no further steps be taken in connection with it. Under the circumstances my recommendations were that the action not be appealed and that the City Attorney be authorized to dismiss another pending action which was filed simply as a precautionary action and never been served, which was an, action on the bond involved in the original subdivision proceedings. These two actions • will dispose of the matter, so far as the City is concerned. You will recall that the court°s decision was that there was .a contract and it required the subdivider to do certain work within the limits of the subdivision and that the work had been performed. The controversy related to certain work specified in a grading plan which referred to the tract being subdivided and also referred to some of the surrounding area including the area owned by the Brutoco Development Company and it was the contention of the City at the trial and previously thereto that the grading plan and the work calling for the grading plan was also a part of the contract. However, the court decided this was not the case, the subdivider was only - 9 - CITY COUNCIL 11/8/71 Page Ten CITY ATTORNEY: Litigation re Tract No. 28988 required to do the work within the limits of the subdivision itself. Motion by Councilman Lloyd instructing the City Attorney to take no further action on the appeal and that the second action be dismissed. Seconded by Councilm an Young and carried. RIGHT OF ACCESS Mr. Wakefield: This agreement is between AGREEMENT the City of West Covina PRECISE PLAN NO. 610 and Wilfred Von Der Ahe, Jr. The access agreement has been prepared and executed to satisfy the requirements of the Precise Plan No. 610 and the agreement simply gives the Fire Department access over the property being developed for the purpose of turning around Fire Department equipment. Councilman Shearer: Mr. Mayor, a question. I am prepared to vote for it if someone will tell me where it is located? Mr. Yamasaki: This property is located easterly of the Ass't. Planning Dir., El Dorado Motel, it is the vacant property between the E1 Dorado Motel and the.Californian Motel, on the north side of the freeway. They do have plans in for a plan check, I am not sure of the status of it. But there is building activity there so they might be doing some preliminary grading. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, that Council accept the Access Agreement. BURKE, WILLIAMS & Mr. Wakefield: This is the City SORENSEN STATEMENT Attorneys statement for (Rockview Dairy) the legal work performed in connection with the Rockview Dairy's litigation. To bring you up-to-date, last Wednesday the District Attorney dismissed the second criminal complaint filed against the Rockview Dairy with the understanding if there were any further violations of the City's sign ordinance the criminal complaint would be refiled. Since we last referred to this matter the operator of the Drive-in Dairy has made a reasonable effort to comply with the City's zoning requirements. The Planning Director has consented to a slight modification of the precise plan which will enable the dairy to build some additional storage facilities which will enable him to keep the milk crates and other items stored in the driveway areas out of sight and behind an enclosure. So the matter is completely resolved with the exception of the appeal of the criminal action being handled by the District Attorney's office. The record in that appeal has now been filed in the Appellate Department of the Superior Court and a brief will be prepared on the matter. You will recall the Judges of the Citrus Municipal Court decided our sign ordinance discriminated against drive-in businesses such as this, inasmuch as the ordinance does permit a service station to have not to exceed 2 A board signs • pursuant to a conditional use permit while the same kinds of signs were not authorized for other uses permitted within the zone. So the matter is complete as of this date with the exception of the appeal being handled by the District Attorney's office. Mayor Chappell: Thank you, Mr. Wakefield. Is there any questions? If not, a motion would be in order. Motion by Councilman Shearer, seconded by Councilman Lloyd, to approve payment of the bill submitted by Burke, Williams & Sorensen in the amount of $356.00. - 10 - CITY COUNCIL 11/8/71 Page Eleven CITY ATTORNEY: Statement Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Mr. Wakefield: 1mr. Mayor and members of Council, if I may be permitted to do so I would recommend to the City Council that a • resolution be adopted which establishes a time for a hearing on the annexation of certain territory to the West Covina Sewer Maintenance District. You will recalldin connection with the Bren Development and the Park Maintenance Districts established in connection with that development, a question was raised by the State Board of Equalization concerning the necessity for filing with the State Board of Maps and Descriptions of territory either included in a Maintenance District for the first time or next to it. In order to avoid any pro- blem we need to complete the proceedings so the required maps and legal descriptions can be filed prior to January 1. Because of the Holidays toward the end of December it would be my recommendation that Council adopt the resolution tonight setting December 13 as the date for the public hearing of protests. The area proposed to be annexed consists of territory annexed to the City in annexation Districts 213 and 214 and certain portions of the City in the Bren Development which are now under construction and not included in the Sewer Maintenance District originally. So what this procedure seeks to do is simply annex to the Sewer Maintenance District new areas that have either been developed.or annexed to the City so those areas may share in.their fair cost of the maintenance of the sewers. RESOLUTION NO. 4472 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY WITHIN THE BOUNDARIES OF THE CITY TO THE WEST COVINA SEWER MAINTENANCE DISTRICT IN ORDER TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF SEWERS WITHIN SAID TERRITORY AND TO ASSESS THE COST THEREOF UPON THE REAL PROPERTY TO BE BENNEFITED THEREBY." Motion by Councilman Lloyd, seconded by Councilman Young and carried, to waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, to adopt said resolution. Motion carried on roll call vote as follows: AYES: .Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None (Mayor Chappell introduced a member of the newly formed Youth Advisory Commission, Commissioner Sheree Wilson.) THE MAYOR RECESSED THE CITY COUNCIL.MEETING AT 8:20 P.M. AND RECONVENED AT 9:00 P.M. (DURING THIS INTERIM A REDEVELOPMENT AGENCY MEETING WAS HELD.) CITY MANAGER AMERICAN INDIAN INSTITUTE Mr. Aiassa: • REQUEST FOR SOLICITATION You have a staff report on this item. Councilman Nichols: Mr. Mayor, I have read the report and analyzed the figures submitted and I would concur that there is some very sig- nificant question as to whether this is a functioning charitable orgainzation and because considerable doubt does remain in my mind I would move that Council accept the staff recommendation. CITY COUNCIL 11/8/71 Page Twelve CITY MGR.: American Indian Institute Mayor Chappell: We have a motion to deny this request, any questions or discussion? Motion carried. CAL -POLY REQUEST Mr. Aiassa: I have one item not on the agenda, because it came in late today. We have a request from students of Cal -Poly that want to sell candy and the receipts are to be used for their float in the Rose Parade. They are trying to raise funds and have a real go-getter organizing this. They need a waiver of the business license fee. This is their first request and I would suggest that we go through the regular procedure and check them out and at our next meeting we can make a firm recommendation. So moved by Councilman Nichols. Mayor Chappell: Our next meeting will be after November 15th, the time they want to start selling candy. (The representative of Cal -Poly was asked to step forward and present his request.) Steve Eischen It is not a waiver of the business license Cal -Poly just a waiver of the Solicitor's License and subsequent fees for Case No. 1, the Rose Bowl tickets for Cal -Poly and the drawing which will be held on the 27th and it ends on the 19th. Mr. Aiassa: I would like to state that he is the first student that actually came down and checked the laws and is trying to proceed in conformance with the laws. Councilman Lloyd: You are setting a bad precedent, Mro Aiassa. Councilman Young: I don't think this should give us much trouble. I have kids coming by all the time from the various high schools and if we checked these all out - - well I. think this is a very commendable thing that Mr. Eischen is involved in and I think we should waive the solicitation fee and allow this to proceed and I so move for Case No. 1. Seconded by Councilman Shearer and carried. Steve Eischen: Case II is a request to sell candy commencing on or after November 15th and conclude on December 10, 1971. We would not sell in shopping centers or places in which commerce is conducted. The reason for it ending on December loth is to give the merchants of the City 15 days prior to Christmas to sell their merchandise in this area. Councilman Young: Mr. Mayor - may I ask a question? Are both • of these activities sanctioned by the administration of Cal -Poly? Steve Eischen: The Rose Float is now and the other one will be on Wednesday. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to approve waiver requested in Case No. II. - 12 - CITY COUNCIL 11/8/71 CITY MGR., - Cont°d. Page Thirteen • RESOLUTION .NO. 4473 The City Attorney presented: ADOPTED 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN FOR THE WEST COVINA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AUTHORIZING THE ESTABLISHING OF A DATE THEREFOR AND PUBLICATION OF NOTICE OF JOINT PUBLIC HEARING." Mr. Wakefield: This resolution will simply confirm the action of the Redevelopment Agency and provide for the joint public hearing. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to waive further reading of the body of the resolution. Motion by Councilman Young, seconded by Councilman Lloyd, to adopt said resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ORAL COMMUNICATIONS Mr. M. Wood I am here in behalf of the congregation of Jewish Federation Council Temple Beth Ami of West Covina who are 590 North Vermont asking for permission to conduct a Los Angeles, California 'Silent Vigil from li to 1 on November 17th in front of City Hall. We understand that the City Council has to pass on any requests for such a procession. The purpose of this Vigil is to carry out a feeling or an expression of solidity with the Jews in the Soviet Union who wish to immigrate . Such Vigils have started on October 14th in front of the City Hall in Los Angoples with the Mayor and Council present, walking along the line, as well as on October 19 with the Board of Supervisors of Los Angeles County. Temple Beth Ami would like to follow suit and march in front of the City Hall in West Covina. 1:ounciluan Lloyd: Mr. Mayor, I have a question. Why the people of Temple Beth Ami dial not come in themselves and make this request? Mr. Wood: I have several of their people with me but tonight there is a .large Board meeting in progress otherwise Rabbi Krause and other Board members would be here. Councilman Young: Mr. Mayor, a question of the City Attorney. Is it actually necessary for them to ask for permission? Isn't there something in the Constitution with regard to peaceable activity enabling them to do this whether the Council approves or not? Mr. Wakefield: The request for the procession or the Vigil would not be necessary if it were being conducted on the public streets or other facilities of that sort, but insofar as the City Hall grounds themselves are concerned the City Council has the right to approve requests for the use of the grounds. Motion by Councilman Young, seconded by Councilman Lloyd, that approval be granted. Mayor Chappell: I did want to say that Rabbi Krause talked to me the other. day on this and he asked 13 - CITY COUNCIL 11/8/71 ORAL COMMUNICATIONS m Cont°d. Page Fourteen that the City Council participate in the Vigil March if possible on that date. The hour is 12 to lg the noon hour. Councilman Lloyd: Mr. Mayor, I thought of one thing and I would suggest to the Temple people if you have anything like this go ahead and • communicate with our staff and they can then brief us because we will come in kind of cold on this thing. Motion carried. Mr. Wood: Thank you very much. Mayor Chappell: Lots of luck to you on your Vigilo Mr. Aiassa: Mr. Mayor, I would like to know if Council has any objections to handling these things under Oral Communications and if they should appear orally before Council? Mayor Chappell: They contacted me on Friday and I suggested that they come before Council under Oral Communications and explain it probably a little more thoroughly than I could have. I think they handled it well. Is there anyone else that would like to speak under Oral Communications? If there is no one I will declare Oral Communications closed. MAYOR'S REPORTS PROCLAMATIONS Mayor Chappell: I have been asked to proclaim "Bible Week" November 21-28, 1971. If there are no ob3edti.ons I will so proclaim. Councilman Nichols: I have given this a lot of thought and probably it would be best if I remained silent on it but I really wouldn't be true to.myself if I did. I really don't feel that the proclama- tion of Bible Week is the proper function of government in this Nation. We do a lot of talking about separating the church and the State and the Bible .is specific to two religions that I know of and I really question whether it is our role to proclaim for all of the citizens of West Covina that the week stated is Bible Week. I don't want to be placed on the record as one out of five Councilmen who is against God in West Covina. I think the Lord understands what is in my heart.anyway, so I feel I am safe on those grounds but I would say that I personally would not concur with proclamations in the City that deal with religious matters. Mayor Chappell: I have one objection and I will so proclaim if I don't hear two. Councilman Lloyd: I will support Councilman Nichols. If you can get a third on it we can go forward. Councilman Young: Out of respect to Councilman Nichols, seniority on Council I will join with him and suggest we withhold the proclama- tion. Councilman Shearer: That makes three and I am too late but I would like a review of this and I am not defending the Bible because I don't think it needs defending, nor a week proclaimed after it, but I would like a review of all proclamations that we have issued over the past year, so we are not claimed discriminatory. I am sure we M� • CITY HALL 11/8/71 PROCLAMATIONS - Cont°do Page Fifteen we will find some that have honored for example Jewish Week or related to other religious activities and therefore I think we should have a review of it. Proclamations aren't really worth that much anyway. Mayor Chappell: They don't get the greatest amount of attention. Councilman Lloyd: I think it will tonight. Mayor Chappell: Let the record show that I attempted to proclaim Bible Week and was voted down. I have been asked to proclaim "Cancer Education Week" - November 8-12, 1971. Once again hearing no objections, I so proclaim. I have also been asked to proclaim Toast Masters Day in West Covina on November 17tho This is the Toast Masters International founded 47 years ago with 3500 Toast Master groups throughout the world including the one in West Covina which is the West Winds 2436. If there are no objections,I will so proclaim. (No objections, so proclaimed.) COUNCIL COMMITTEE REPORTS Councilman Shearer: I have two items, both having to do primarily with the Redevelopment Agency. Sometime between now and perhaps our hearing date I am wondering if staff or in conjunction with the Attorney for -the Redevelopment Agency could present a brief report on what might happen to this project if something like the Jarvis Amendment or Watson Amendment, which places a definite ceiling on property tax, should be successful, which as I see it would greatly erode our ability to finance this project.. I would like to know what would happen if that is successful and it looks to me like it might be successful. Mr. Aiassao I think it should be referred to the City Attorney because he is working directly with the Redevelopment Counsel. Mr. Wakefield: Yes, I will handle it. Councilman Shearer: I would like to suggest that the agenda be made available also to those people in the audience. It might cost a few pennies for printing. Mr. Munsell: Councilman Shearer, there are agendas on the podium. Councilman Shearer: I am sorry I didn't see any in the back of the room nor did I see any blue papers in the audience so I assumed there were none available. Councilman Lloyd: I had a meeting today with the Claremont Graduate School with regard to the possibility of looking into a study on the merger of the cities and I met with the Chairman of the Government Department in the graduate school - Dr. George Blair, and the Director of the Urban Studies Group, and they have indicated they would be willing to consider a study at a cost of $23 500. - 15 - CITY COUNCIL 11-8-71 COUNCIL COMMITTEE REPORTS - Cont°de Page Sixteen • The reason I did this of course was that there had been some speculation as to the actual cost so I thought it was about time to see what the actual cost might be in a study of the merger of these two cities. They were actually very excited about it from the point of view that surveys on Efficiency in Government had been conducted both in England and Canada. So I guess at this point we can say, contrary to some information that had been put out that a study would cost $100,000, we now have a hard figure by an organization that would be willing to take under considera- tion such a study for the figure of $23,500. You will note I am making no motion on this, which would be a unilateral action on our part which would really not be valid. I can say to you that I will get together with staff and the Mayor and see if we can't have a joint meeting with the people in Covina and see if they would actually be willing to undertake such a study in conjunction with the City of West Covina. Councilman Young: I would move that appropriate honor Happy Homes area. Mayor Chappell: There is a staff recommendation that a' plaque be presented to the United Methodist Youth organization with the city seal, and this be approved by the City Council as the for this group for their teaching efforts in the they should be honored Seconded by Councilman Lloyd. I see from the report given to us that they were honored by the Parents Magazine. I think that. .is something outstanding and by this Council. Motion carried on roll call vote as follows: AYES: Shearer, Nichols„ Young, Lloyd, Chappell. NOES: None ABSENT: None Councilman Young: And secondly, Mr. Mayor, consistent with our earlier action this evening in which we used the strong language of "disavow" the movement of Los Angeles County to divide into two counties. providing a San Gabriel Valley County, I would like to have the Council consider a resolution addressed to the appropriate legislative bodies urging that the present County Board of Super- visors be enlarged by the number of 4 or 6 in order to provide better representation by providing fewer constituents to be represented by each Supervisor. Perhaps other matters could be included in that resolution as they come to mind, but that would be the basic resolution,- I would urge it be drafted and circulated by this Council where appropriate. Seconded by Councilman Nichols. Councilman Shearer:- The exact resolution will come before us at a later date? Councilman Young: Yes, I would assume the City Attorney would draft this resolution° Mr. Wakefield: Yes I will do so, and as you know the number of Supervisors are specified in the County Charter and the physical means of accomplishing the objective by Councilman Young would be for the charter to be amended to provide for the additional number of Supervisors desired. Amendments to the charter can be handled through the initiative process or the Board of Supervisors itself may initiate the proposal by having it placed on the ballot of any statewide election Motion Carried =,16� is CITY COUNCIL 11/8/71 Page Seventeen COUNCIL COMMITTEE REPORTS - Cont°d. COVINA ANNEXATION NO, 48 Mayor Chappell: Mr. Aiassa, the letter received this afternoon it states that the City Council will be asked to go on record - are you going to bring this up tonight? The letter to the Local Agency Formation Commission. Mr. Aiassa: Yes I was going to ask the Council to add this item to the agenda, it came in late. It is an annexation being proposed by the City of Covina and the hearing date is set up on the 24th, but the report is due prior, and I would like to have direction from the Council to write a letter to LAFCO and to our Supervisors, that they are annexing the freeway and it is causing some difficult problems with the Freeway Widening contracts already executed. I have contacted several of the people including Frank Bonelli and they all seem to be ifi.agreement. So I would like to have permission to send the letter stating that if Covina is to annex that they annex only the porthern area of the land involved, which is 3 lots, or to the center of the freeway and then the City of West Covina will accept the south side and Covina the north side. The reason it is important to the City of West Covina is if the annexation is accepted as it is proposed Covina would be actually involved with the frontage roads of the City of West Covina on the south side. Motion by Councilman Nichols that the staff letter be confirmed as Council policy and the Council further authorize staff to communicate -in the same vein to other sources that staff may deem desirable at this time. Seconded by Councilman Lloyd and carried. Mr. Aiassa: One other item. We have not decided who is responsible for the blue agenda for the Redevelopment Agency. We will have to set that. I will discuss it with staff. DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, to approve demands totalling $245,479.71 as listed on Demand Sheets B507 through B509 and total includes payroll. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ADJOURNMENT ATTEST: CITY CLERK Motion by Councilman Lloyd, seconded by Councilman Young and carried, to adjourn meeting at 9:17 P.M. APPROVED: MAYOR mym