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12-26-1972 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE.CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA DECEMBER 26, 1972 The regular meeting of the City Council wa.s called to order a.t 7:32 P.M., en the West Covina. Council Cha.mbers by Mayor Robert Young. The Pledge of llegia.nce wa.s given. Fa.ther'Steven Lowra.nce of St. Christopher's Church gave the invocation. R(1T.T. OLiT.T. Present: Absent: Others Present: •PPROVAL OF MINUTES November 27, 1972 CONSENT CALENDAR Ma.yor Young, Councilmen Shea.rer, Nichols, Cha.ppell Councilman Lloyd George Aiassa., City Ma.na.ger Lela. W. Preston, City Clerk George Wakefield, City Attorney Leonard Eliot, Controller John Lippitt, Acting City Engineer Bert Ya.ma.sa.ki, Acting Pla.nning Director Richard Munsell, Pla.nning Director Ga.ry Duvall, Administrative Assistant Ra.y Silver, Administrative Analyst, Jr. Yvonne Ca.lmes, City Treasurer Willia.m Fowler, Director of Building a.nd Safety Cla.udia. Luther, L. A. Times Reporter Jeff Schenkel, S. G. V. Daily Tribune Reporter Motion by Councilma.n Shearer, seconded by Council- ma.n Nichols, a.nd carried, to a.pprove minutes a.s submitted. Mayor Young explained the procedure of the Consent Calendar items a.nd a.sked if there were comments on a.ny of the following items: 1. WRITTEN COMMUNICATIONS a.) YELLOW CAB COMPANY SAN GABRIEL VALLEY b) LOCAL AGENCY FORMATION COMMISSION c) ST. VINCENT DE PAUL SOCIETY . d) WEST COVINA CHAMBER OF COMMERCE 2. PLANNING COMMISSION a.) SUMMARY OF ACTION Request a waiver from Business Improve- ment Tax Levy.. (Refer to Sta.ff) Re Covina Southerly Annexation District No. 56. (Refer to City Ma.nager's Agenda. Item No. G-5) Request a. wa.iver of business license for pick up of.disca.rded goods. (Approved in prior years. Staff recommends approval) Request a meeting with the City Council to discuss the Business Improvement Tax - Advisory Board procedures. (Council) December 20, 1972. C.C. Mtg. - 12/26/72 Page Two CONSENT CALENDAR - Cont'd. 3. RECREATION & PARKS COMMISSION a.) SUMMARY OF ACTION December 18, 1972. • PERSONNEL BOARD a.) SPECIAL MEETING Re job classifications and salary ranges DECEMBER 1^8, 1972 for the Redevelopment Agency staff. (Refer to City Manager's Agenda. Item No. G-2) 5. YOUTH ADVISORY COMMISSION a.) SUMMARY OF ACTION December 19, 1972. 6. CITY TREASURER a.) REPORT November, 1972. (Receive and file) 7. TRAFFIC COMMITTEE MINUTES a.) DECEMBER 19, 1972 (Receive and file) Motion by Councilman Chappell, seconded by Councilman Shearer to approve Consent Calendar Items 1 through 7. �ouncilma.n Shearer: Mr. Mayor, a, comment. Item 1-d, Chamber of Item 1-d Commerce request for a. meeting with Council to discuss a particular item, in this case, the Business Improvement Tax - Advisory Board Procedures: There is no recommendation for a, meeting date. The letter request suggests an early January meeting, which is like awful quick. Are we to set one up? I assume we run into somewhat of the same problem we ha.d the last time be- cause of all Councilmen being present. It will have to be a public meeting. (Mr. Wakefield said "Yes:') Councilman Nichols: Mr. Mayor, I would suggest in the absence of, Councilman Lloyd and in the absence of any great urgency about the matter that we hold this over to our next meeting and then set a, date for the meeting. Mayor Young: Perhaps staff could poll the Council in advance, with regard to a. time, Mr. Aia.ssa., for the meeting, in the event Councilman Nichols' suggestion is accepted. Is that the consensus of Council? (Council agreed.) Is there anything further; Councilman Shearer? If not, does that motion comprehend the modification as suggested by Councilman Nichols? Councilman Chappell: Yes, sir. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Chappell, Young NOES: Councilmen: None ABSENT:. Councilmen: Lloyd RESOLUTIONS FOR ADOPTION RESOLUTION NO. 4P76 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A VARIANCE (Variance Application No. 688 - Don Koll Company, Inc., - Wickes Furniture)." -2- C.C. Mtg. - 12/26/72 RESOLUTIONS FOR ADOPTION - Cont'd. Page Three RESOLUTION NO. 4677 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR A PORTION OF FORMER VINCENT PLACE. (Da.niel J. and Freda, Spellman)." • RESOLUTION NO. 4678 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA APPROVING ELECTION OF OFFICERS FOR SPECIAL ELECTION TO BE HELD ON FEBRUARY 6, 1973,. PERTAINING TO SOUTH- EASTERLY ANNEXATION NO. 217." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said Resolutions. Motion by Councilma.n Chappell, seconded .by Mayor Young, to adopt said Resolutions. Mayor Young: Is there a, desire to segregate Resolution No. 4676 from the other two resolutions? (Council asked that it be done that wa.y.) Motion carried on roll call vote on Resolution No. 4676 as follows: AYES: Councilmen: Nichols, Chappell, Young NOES: Councilman Shearer ABSENT: Councilman Lloyd Motion carried on roll call vote on Resolutions Nos. 4677 and 4678 as follows: AYES: Councilmen: Shearer, Nichols, Chappell, Young ONOES: None BSENT: Councilman Lloyd PUBLIC WORKS PROJECT SP-73003 LOCATION: Sunset Avenue between Cameron Avenue and San Bernardino Freeway. (Council reviewed Engineer's report) Motion by Councilman Nichols that City Council approve the plans and specifications for City Project SP-73003 and authorize the City Engineer to call for bids; and further authorize staff to modify plans and speci- fications for irrigation and landscaping. Seconded by Councilman Chappell and carried. Councilman Shearer: Mr. Mayor, I would like to make a comment in regard to modifying plans and specifications for irrigation and landscaping. In the past budget session we had some rather lengthy sessions with regard to the cost to maintain such things as landscaped medians and I would urge when staff prepares these plans they keep this concern in mind and do their best to come up.with low maintenance cost landscaping for our ground covers. There are ground covers that can be used that perhaps take less landscap- ing than some of the others that at times have been used. Councilman Nichols: I certainly concur in that sentiment. 0STABLISHMENT OF PRECISE LOCATION: West Covina Parkway between LOCATION OF WEST COVINA San Bernardino Freeway (Orange Avenue) and PARKWAY Glendora, Avenue. (Council reviewed Engineer's report) Motion by Councilman Chappell to approve issuance of a. purchase order not to exceed $5,720 for the precise surveying of West Covina. Parkway between San Bernardino Freeway (Orange Avenue) and Glendora Avenue, to Walsh-Forkert Civil Engineers, Inc. Seconded by Councilman Nichols. -3- C.C.Mtg. - 12/26/72 Page Four PUB. WKS.: Precise Location of West Covina Pkwy. Councilman Nichols: Mr. Mayor a question of Mr. Aiassa. Is it the situation that we do not have inhouse capability of doing the precising? Mr. Aiassa: That is right. It is more economical to do it • this way. Councilman Nichols: It seems like rather a large charge. Mr. Aiassa: Most of it will be actual physical surveying. Councilman Nichols: We have come up with this thought before,' when we get into these items that run into the thousands of dollars it seems to me that we might indicate some effort to survey other qualified civil engineering firms to see what their charges might be. Many of these charges are relatively modest but I don't think $5,720 is a modest charge and we are simply engaging a firm without any information to the Council that this is the most reasonable charge that might be available to the City. What is the urgency of the approval, Mr. Aiassa? Mr. Aiassa: We brought this up to Council at our last meet- ing and there are certain parcels of land that are now being considered .for development and without precise design or alignment we are not going to be in a position to tell these people whether or not they are going to be affected by the alignment. Councilman Nichols: I appreciate that and I recognize that as the basis for the vote to precise it at our last meeting, but my question is what is the urgency of action here on this particular item? A two week delay in anyway predudices the Ci.ty's position? Mr. Aiassa: No, other than this is rather a low time in the year when their projects are not as heavy as in early spring and summer. Councilman Nichols: We are all aware there are other firms in this particular business and it would seem to me it might be appropriate coming into a new year to look at this again. I tend to feel because of the significant amount of money involved and because we call for these kinds of services periodically during the year that it might be appropriate to let staff look at this a little longer and come back with some bids from other civil engineering firms. I don't know how the others feel. Councilman Chappell: I was under the impression that each year we do approve certain engineering firms on a cost basis per hour and that Walsh-Forkert is one of that group that we do approve with a stipulated cost figure per hour and this is the way it reads that it will have an hourly rate schedule as adopted by the Council, which we do adopt each year. Am I not correct on that? • Councilman Nichols: We do, Councilman Chappell, adopt hourly rates. That is we accept by action the hourly rates being charged by engineering firms providing services to the City. My only thought is that the amount of the hourly rates don't necessarily coincide with the ultimate cost of comparable work being done. Apparently this type of work is relatively mechanical in nature and I always feel some concern when we come to items on our agenda with no competitive bids involved and we come to recommendations for thousands of dollars of appropriations to particular firms todo certain types of work for the City. I always end up with the question in mind - is there a less expensive but equally qualified firm that might be available to do these kinds of jobs? - 4 - C.C. Mtg.-12/26/72 Page Five PUB. WKS.: Precise Location of W.C. Pkwy. It has come up in other areas. There is.a history to this that might be of interest to some, of various firms competing for this type of business with the City. I have no reflection at all in a negative sense towards this firm, I am only saying we are asked routinely to approve $5,700 for precising and I wonder if there is a less costly �aay to provide this service to the City. Perhaps there isn't, but think it would be in order to let staff tell us that. Mr. Aiassa: Do you want to carry this over to January 8th? Councilman Nichols: We have a motion on the floor. I have only expressed my own opinion about it. Mayor Young: I would certainly concur with the intent of Councilman Nichols' remarks. If this is fully comprehended by staff and if we can have some further review of this matter, but if it is just carried over to the 8th and then back before us as it is now, well then we might as well take action on it now. I think the point is well taken and I tagged it here somewhat in the absence of Councilman Lloyd because this is the position he often takes when he is with us. For example, it just happened to slip my mind whether this is a local firm and it is, so that answers one question. Secondly, is it possible that we might get the same service for $1,000 less or whatever, and have we looked into that? Now if there is something to be gained by a delay to answer those questions I think it would be right to hold it over. Councilman Nichols: As far as the local firm concept is concerned there has been no consistency in practice either by the city staff or the Council in this •area: When bids come in for police vehicles without a very great strain indeed we find it possible to buy one place or another depend- ing upon the extent of the savings. We have always said if rates and fees are comparable or close we should try to deal locally. I think the primary concern has to be the savings of the taxpayers' dollars. It is obvious to me that hourly rates quoted are one thing and cumulative charges up in the thousands'of dollars are another thing. It is rather obvious also to all of us that no reasonable person can calculate precisely and exactly the number of hours,of professional time that would be used to perform this service. So the figures being quoted are an authorization by the Council for charges to be levied up to that amount. The ability of Council to control these kinds of expenditures are limited only up to the amount being authorized, and I have some concern in this area. I only commend the thought that a great many thousands of dollars every year are expend- ed by this Council in these kinds of items and I think it might be in order that we apply a little more judicious wisdom in observing these kinds of expenditures where we do not have a direct control in the bidding process. That is why I thought it might be appro- priate to start out the new year with this thought in mind. Mayor Young: Do you feel, Mr. Aiassa, in light of these comments it would be beneficial to hold this item over in your opinion? Mr. Aiassa: In my opinion I think the firm that did give us the quote has the crew and the manpower to do this job. They have done some of the work on street improvements in that location also,but maybe Mr. Nichols' suggestion might be followed starting the first of the year and we get at least two alternate bids. Mayor Young: With those thoughts in mind, gentlemen, are you ready for a vote on the motion? I would suggest we might vote this one down and then have a new motion. Motion failed. All voting "no." - 5 - C.C.. Mtg.- 12/26/72 Page Six PUB. WKS.: Precise Location of W.C. Pkwy. Motion by Councilman Nichols that this item be held over to the meeting of January 8, 1973, and that in the interim staff investigate the possibility of achieving alternate figures or quotations from firms that staff would feel are competent to make such a proposition. Seconded by Councilman Chappell and carried. • CITY ATTORNEY VENDING MACHINE Mr. Wakefield: This item was on your agenda FEES several meetings ago, it is the proposed Ordinance relat- ing to the establishment of license fees for vending machines on a gross receipts basis. After your first consideration of the problem, and the objection raised by the representatives of an Association of Merchandise Vendors through machines, I communicated with Mr. Kallick, the Association representative and asked him to provide us with the amount of gross receipts from specified kinds of machines at typical locations within the City of West Covina. He replied that was not possible because of the variation in locations and the kinds of machines installed in various places within the City. Under the circumstances the City really has no basis upon which to evaluate the validity of the proposed license fees. It seems to me that all we can do is set fees which are designed to maintain the present level of revenue from vending machine operations and if it turns out that these rates are excessive or too low then they can be adjusted for a subsequent license year. After all it was the vending machine operators them- selves who. sought the legislation that imposed the responsibility of fixing fees for these kinds of machines upon a gross receipts basis and I think all we can do under the circumstances is use our own best judgment as to an appropriate fee until we have some •experience in the area. Therefore, it is my recommendation that the ordinance be adopted as originally proposed. Councilman Nichols: Mr. Mayor. With the revised or override tax, so to speak, being applied to the license revenue system not scheduled to be effective to July 1, I gather the implementation of this ordinance from January 1 to July 1 will continue the existing fee structure. Is that correct? Mr. Wakefield: Essentially that is correct. Councilman Nichols: Therefore there is a period of time when additional input might come from these indivi- duals that could be taken into consideration in relation to the surcharge that is .to be levied. It was also my understanding that was one of the primary sources of the objection of that group. So in light of the fact that there is no further input from them and because a cushion of time has been created before that surcharge becomes effective I would concur with the City Attorney's thinking and his recommendation and be prepared to vote on the ordinance as proposed. Mayor Young: *Mr. Wakefield: Mayor Young: out of the area and respond. Mr. Wakefield: One question - ence? And Mr. have a cold? Yes sir. what was the recent correspond - Wakefield, incidentally do you You sure sound like it. What was .the recent correspondence from Mr. Kallick's office? Apparently he has been out of the office and tied up somewhere else and really unable to His secretary indicated in the correspondence that he expected to return around the 20th of - 6 - C.C. Mtg. - 12/26/72 CITY ATTORNEY: Vending Machine Fees Page Seven December and would be in touch with me. I have had no calls or further correspondence with Mr. Kallick. Mayor Young: What would we lose by deferring action here • tonight? This being sort of a special time of the year when people are celebrating and what have you and business doesn't really go on as usual - to defer this for.a couple of weeks? Would we be adding a burden to anyone by doing that to give Mr. Kallick that opportunity? I am really concerned about the presentation he made. On its face I think it had a lot of validity and I am reluctant to take a committing action, especially in light of the fact there has been some communication and he has been out of the area. Would it be a burden to delay action on this for a period of time? Mr. Wakefield: I think the only burden is one upon the staff. As you know the licenses are due and payable commencing January 1. Normally the clerk would send out a notice of the amount due based upon the past year's experience and the owner of the machines would remit the amount as billed. However, here we have a situation where the basis of the tax has been changed from that which we followed in the past. It is an obligation really that is imposed by law upon the City to change its taxing structure on these particular kinds of machines. I am sure the Ordinance can be drafted in such a way that it will be effective the first of January,; I think the only problem is one of attempting to obtain the information which can be made the basis for valid judgment as to the amount of the license fees which is appropriate in the light of the change in the law. Mayor Young: Have we had an introduction of the Ordinance? Mr. Wakefield: Yes sir, but the title needs to be read again for adoption. Councilman Shearer: Mr. Mayor, I would like to be enlightened on how the City Clerk is going to bill on the basis of gross receipts? If I understood you earlier, Mr. Kallick. said there was no basis for giving information as to what the gross receipts on machines in West Covina.were, so will somebody tell me how we are going to bill on the basis of gross receipts if we don't have that kind of information? Mr. Wakefield: Councilman Shearer, there is a base license fee which is calculated upon the first unit of gross receipts applicable to a given kind of machine. For example, the proposed rate is $16.00 for the first $1,000 of gross receipts from a cigarette vending machine. That amount is due and payable at the commencement of the year and at the end of the year the operator of the machine is required to file a report of his gross receipts. If the amount exceeds the $1,000 then he pays whatever additional tax is due. Councilman Shearer: Taking that same cigarette machine , what does the operator pay today? • Mr. Wakefield: He pays $16.00 per machine regardless of his income. Councilman Shearer: What about a candy machine, or just some other machine? Mr. Wakefield: If the machine requires 10(, or less to operate, which is the average price of candy bars.... Councilman Shearer: You haven't bought a candy bar lately, they are 15(,1. 7 _ C.C. Mtg. - 12/26/72 CITY ATTORNEY: Vending Machine Tax Page Eight Mr. Wakefield: If it requires 10(1, or less to operate then the license tax is $5.00 for the first $500. or less of gross.receipts and $1.00 for each additional $100. of gross receipts. Presently it is $5.00 per year. What the Ordinance does really is to fix a basic gross receipts tax �hich is equivalent to the amount presently charged on a per machine asis with the requirement that the operator report his gross receipts at the end of the calendar year and that if any additional taxes are due he pays that amount before the issuance of his renewal license. Councilman Shearer: I am beginning to see some of the problems now. I probably should have been alert to this before. Your proposal guarantees us, even if a machine doesn't make 5(,,assuming a guy buys his license, the same income under the proposed structure as we have now, because the first increment is equal to the full year's license before. Mr. Wakefield: That is correct. Councilman Shearer: In the case of the cigarette machine if he does $1,000 of business or anything over $1,000 or in the case of a 10(1, machine or less, anything over $500 , then we receive more revenue. Mr. Wakefield: That is correct. Based upon the gross receipts from that particular machine. Councilman Shearer: So really the implication received in the letter from Mr. Kallick.'s office of December 11 - if we wanted to raise that first increment up to $16.00 per $10,000 we would still in .fact have a gross receipts tax at least in name but perhaps not as steep as the one we are proposing and we would still receive the same amount of income. Is that correct? Mr. Wakefield: Yes, that is correct. Councilman Shearer: It does seem a little high tome to tax a 10e, machine at the rate of 1/ compared to other .business licenses in the City which I am sure are much less than 1%. Could we if we adopt this tonight adjust it later in the year when these,gross receipts accountingsare filed and we find out that maybe the cigarette machines did a bang up busi- ness in town and the guy really owes a lot of money - could we adjust it at that time and get on with the business of adopting this? Mr. Wakefield: I think it would be extremely difficult. The theory of taxation is that a tax obliga- tion accrues when it is due, and when it becomes payable under the ordinance. If the City Council were to adjust the rate of tax on a retroactive basis we would then in effect be relieving the taxpayer of the burden of his obligation. I think better that we take what time is necessary at this point in our proceedings and make whatever adjustments may be indicated before the ordinance is actually adopted. • Councilman Chappell: Don't we have any communities in L.A. County that have been using the gross receipts tax in some form for guidelines? I just feel that some of these cigarette machines sell many thousands of dollars of cigarettes a year. I think a package of cigarettes runs 40 or 50(, and in some of these real fast moving restaurants around here .I can see a lot of cigarettes being sold. Somebody must have some history of this type of tax that perhaps we could look at and compare. - 8 - C.C. Mtg. 12/26/72 Page Nine CITY ATTORNEY: Vending Machine Tax Mayor Young: That was the whole presentation of Mr. Kallic.k and I think we were all under the impression that he was going to provide some of the input and we were all certainly concerned. We expressed ourselves then .that we wanted to be fair about it and comparisons have some • validity as to what is fair and what is not. Councilman Nichols: I have a feeling about this matter that says to me really the obligation to present evidence to the City Council that its levy is an inordinate one is upon the individual who initially appeared before the Council and expressed that thought. The Council heard the testimony and gave a receptive ear and I am sure Mr. Kallick. was well aware that January 1 is the beginning of the business license year and he represents this organization, he came before this body. and stated the proposal would be excessive, we indicated we would be receptive to information that would support that view and we held this matter over. I don't believe he is here tonight or any repre- sentative from his organization and we have heard no additional information and there is in.f act in this community no history upon which to form a judgment. Certainly if he cannot provide us with data we cannot provider it ourselves. It seems to me we should move ahead on this matter and give it a trial this year. Now if at the end of the first quarter or any previous or subsequent period up to July 1 that we receive indication that it has in fact resulted in an unfair levy we can probably compensate through our surcharge system that will .be levied on individuals and make some adjustmentsin that area to compensate those groups that might be excessively taxed. But the hour is now and no one is here to tell us otherwise and I feel we should go ahead and vote the ordinance. . Councilman Shearer: I would like to pursue some of these rates. Are the rates pretty consistent after the first increment - say in the neighborhood of l% on the gross from thereon on'the various types of machines? Mr. Wakefield: Yes, Councilman Shearer. Councilman Shearer: It would seem to me we are talking about let's give it a try and see how it works and maybe we are going on the wrong end of the scale. I don't .know if this is possible or not under our parlimentary procedures but I will throw it out as bait.and see if I get a nibble. I would like for us to consider keeping the base rate of $16.00 for the first $1,000 on cigarette machines and $5.00 for the first $500 on other machines but then cut drastically the additional increments to say 1/10th of 1% and find out how it works, and pardon the expression but see if we haven't stuck it to him too badly. It would be easier to raise it and adjust it than to go into something like this because as Councilman Chappell pointed out we may find someone doing a bang-up cigarette business on a relatively small margin of profit but he may be paying as much business license as the May Company is, which seems somewhat out.of line for a cigarette machine. Councilman Nichols: Councilman Shearer: Mr. Wakefield: Well I will nibble on that. I will nibble on any figure to get the thing launched. Since I have one nibble is it possible to amend an ordinance between the introduction and the adoption to the.extent I mentioned? The ordinance would have to be reintroduced as amended and then subsequently adopted. Councilman Shearer: Can we make it an emergency ordinance .so we - 9 - C-.C. Mtg. - 12/26/72 Page Ten CITY ATTORNEY: Vending Machine Tax can get back in tonight and be as far ahead as we were ? Mr. Wakefield: Yes sir. Councilman Shearer: You tell me what I have to do to make it • legal. Mr. Wakefield: If Council concurs in your suggestion for 1/10th of 1% for the additional gross receipts over and above the basic amount set,I.can prepare the amendments.. Councilman Nichols: I don't know where the 1/10th of 1/ brings with it any particular genius ..... Councilman Shearer: It is easier to divide by 10 then by 12-1/2 or 11-3/4. Councilman Nichols: But because we are moving into a new area and we certainly don't intend to overtax. these individuals and because that approach will provide all the mechanics for determining this year the extent of additional charges that may result I can accept that and support it. Mayor Young: I can probably support it, the only thing is we come back to something that bothers me from time to time. That is when we sit here more or less in the dark and devise a compromise on something - it moves the agenda that's for sure and • we need to get to the public hearings, but the thing that bothers me is we have an ordinance presented to us and we had objections to that ordinance which struck a responsive note and now we have a compromise.offered by Councilman Shearer, which is perhaps the most genius compromise we have ever heard. Councilman Shearer has in his mind that what relationship does it have to what is a reasonable and proper thing to do under the circumstances and this is what we want to do under the circumstances. We want to do ultimately what is reasonable and the proper thing to do. We don't have the information to act on the ordinance before us.that,convinces me that it is a reasonable and proper ordinance, and with all respect for Councilman Shearer, I am not sure that we have the information to support his idea which makes that a reasonable and proper compromise. We are shooting in the dark and I don't like to shoot -in the dark. Councilman Nichols: Of course we are shooting in the dark on the ordinance as proposed, as we have indicated there is no basis, but it is rather obvious that the basis which is being levied in this ordinance will produce the same revenue that has been produced, that any percentage applied in this particular area will result in an increase in licensing costs and that is in addition to the surcharge that will be levied on business licenses per se.. So Councilman Shearer's proposal carries with it no greater or lesser wisdom than the 1/ figure. Mayor Young: It carries a lesser burden on the taxpayer which is good, I am for that. Councilman Nichols: And a lesser burden of oppression by the legislative body that is operating in the dark. Councilman Shearer: Can I speak in defense of my idea a little bit. Mayor Young: I am not attacking it, Councilman Shearer. Councilman Shearer: I want to defend it anyway. Is it correct, 10 - C.C. Mtg. - 12/26/72 Page Eleven CITY ATTORNEY: Vending Machine Tax Mr. Wakefield, that under State law we must for the calendar 1973 year have some semblance at least of a gross business tax? Mr. Wakefield: That is the requirement of the State law. • Councilman Shearer: My motion wasn'.t intended to imply wisdom or anything else - it was just a way to retain the present income, and granted we are shooting in the dark, we were told the people can't produce any idea of what their gross receipts are. I could have come.'.w.i.th 1/100th of 1% if you really wanted to slice it thin, it was just the mechanics of satisfying by January 1 the State requirement that we have to have such an ordinance on the books. Now if that is not the requirement then I would suggest we not adopt it tonight and keep it the way it is already. Mr. Wakefield has indicated we have to have something so we don't get in trouble with Sacramento. Mayor Young: Your genius then lies in a parlimentary manuever which leaves some flexibility if we decide to amend in a downward fashion. Councilman Shearer: Right. I would rather start small. We are already guaranteed the basic increment and I am not in favor of adopting an ordinance blindly that might cause a major tax increase for the guy selling cigarettes, although in my opinion I think we ought to tax cigarettes a little higher. We apparently are under the requirement to get something out and I would rather have it on the small side than find out we had really added a big tax increase on some successful machine vendor. I do think these fees are out of pro- portion when it comes to 1% of gross business. I don't think any of the others with perhaps the exception of the eggmen and d few gardeners in town, I don't think any of the regular businesses have a license that comes up anywhere near 1% of their gross. And I don't have any interest in vending machines, I don't own any. Mayor Young: Now with Councilman Shearer's defense of his position and as I am intezpret.ing.. what you are saying,you are suggesting more or less a parlimentary procedure to satisfy the requirements of the law and at the same time we know we are not establishing an excessive burden if we adopt your proposal. The only thing we don't know is if we are being unfair when we look at the vending machine in relation to other businesses. Councilman Shearer: Maybe the basic $16.00 is too high but that is what we already have to start with and if we are going to start : analyzing our basic vending machine fees I don't believe there is enough time between now and the lst of January to do that. It is a little late in the year to do that. We already have the basic $16.00 fee and the $5.00 fee, etc. Mayor Young: Mr. Wakefield, did we have the reading of the ordinance yet? • Mr. Wakefield: The reading of the ordinance had not occurred yet and there was no motion before Council. Mayor Young: Adopting Councilman Shearer's point of view how should we proceed? Mr. Wakefield: It would be in order to read the title of the ordinance for the purpose of introduction as amended by Councilman Shearer's suggestion and it would then be before you for adoption at your next regular meeting. - 11 - C.C. Mtg. - 12/26/72 CITY ATTORNEY: Vending Machine Tax Page Twelve ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 6235.6 of CHAPTER 2,ARTICLE 6 OF THE WEST..COVINA MUNICIPAL COU RELATING.TO.LICENSE FEES AND VENDING MACHINES." • Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said ordinance. Motion by Councilman Shearer, seconded by Councilman Chappell, to introduce said ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Chappell, Young NOES: None ABSENT: Lloyd (Council discussed moving now on the ordinance as an emergency ordinance. Mr. Wakefield advised the ordinance can be effective and retroactive as of the lst of January if it is adopted at the next regular Council meeting, it will not require a 30 day period to become effective.) Mayor Young: With that thought in mind does anyone desire to move an urgency on this? Councilman Chappell: I don't know what difference it makes and if we are going to do it we might as well do it now. I move for an emergency ordinance adoption on Ordinance No. 1211. • ORDINANCE NO. 1211 The City Attorney presented: (EMERGENCY) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA AMENDING SECTION 6235.6 of CHAPTER 2,ARTICLE .6 OF THE WEST COVINA MUNICIPAL CODE RELATING.TO LICENSE FEES AND VENDING MACHINES." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said ordinance. Motion by Councilman Chappell, seconded by Councilman Shearer to adopt said ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Chappell, Young NOES: None ABSENT: Lloyd HEARINGS ZONE CHANGE NO. 478 LOCATION: An irregularly shaped 3.34 UNCLASSIFIED USE acre parcel located generally east of the PERMIT NO. 133, REV. 1 southerly terminus of Aroma Drive and CITY INITIATED northerly of Galster Park. REQUEST: Request a change of zone from MF-15 and MF-20 to P-B (Public Building) and approval of a revision to an unclassi- fied use permit to allow field lights for • an existing ball field. Recommended by Planning Commission Resolution No. 2451. Mayor Young: We have before us a staff report, a copy of the Planning Commission Resolution and also I hope you received a copy of the letter that has been addressed at a late date from several interested individuals. Is there a further staff report at this time? Mr. Yamasaki: Resolution No. 2451 does outline the findings and the action of the Planning Commission. If you wish, Mr. Mayor, a full staff report - 12 - C.C. Mtg. - 12/26/72 Page Thirteen HEARINGS: UUP #133, REV. 1, ZC #478 I will be happy to present it along with slides. Mayor Young: What is your pleasure, gentlemen? Would you like to proceed with the hearing or perhaps you could give just a brief summary for the benefit of the audience. (Slides shown of the ballfield, location of proposed lights, surrounding area and explained in detail by Mr. Yamasaki, Acting Planning Director.) Mr. Yamasaki: The Planning Commission recommended approval of the Zone Change and the Unclassified Use Permit. These applications were City Initiated and the Planning Commission placed four conditions of approval thereon. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 478 AND UNCLASSIFIED USE PERMIT NO. 133, REV. 1. IN FAVOR Elton Chatfield (Sworn in by the City Clerk) 1035 So. Hillborn Mr. Mayor and Councilmen, the reason why West Covina we are here tonight is of course to 0 President of represent the Little League, but I wanted to San Jose Little League explain that some of the people out here are serving three purposes. Some are getting credit for Boy Scouts, some for school and also supporting our Little League. We are in the Brutoco Development area and have been playing baseball in West Covina since 1957, but when we moved to the Brutoco area we had two fields. Presently the one lower field is soon going to be occuppied by apartments or condominiums, so we are losing one ballfield and consequently we are getting more ball players because of new residents. Presently we have about 350 boys playing and in losing the one ballfield we need the lights on the one field we will have to support the same number of boys. The area we are talking. about is Galster Park, which blends into night lighting and as you saw on the slide, Alpine Drive houses were the closest ones and I don't think there would be a great deal of hindrance to their privacy. The lighting of course will be funded strictly from San Jose Little League on which we already have people working on fund raising projects. We feel this will not only help the Little League but in off-season,the City of West Covina of course needs additional lighted facilities for football, girl's softball and other recreational activities, that can use it for night purposes when lighted. So we would like to ask your support of this project. Thank you, very much. Mayor Young: Is there anyone else that wishes to speak in favor? Anyone wish to speak.in opposition? Before. closing the public hearing 'I think our record should reflect the letter from several residents in the area signed by Mr. & Mrs. Phil O'Brien, Dr. & Mrs. Leslie Greenbaum, •Mr. & Mrs. Ralph Colatto, Joseph J. Helgan, Dr. & Mrs. P. R. Carter and Mr. & Mrs. Fred B. Secard. If that could be incorporated in the minutes by reference. The letter is in favor except the letter requests an appropriate dispersal of multiple speakers in order to maintain a low volume of sound and a 9 P.M. curfew on the use of any loud speaker system. These are the only items in the letter that would indicate anything negative. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. - 13 - C.C. Mtg. - 12/26/72 Page Fourteen HEARINGS: UUP #133 REV. 1 ZC #478 Councilman Shearer: Mr. Mayor, I have a question of Mr. Chatfield. The letter that Mayor Young referred to states in part "We further urge a 9 P.M. curfew on the use of any loud speaker system. It is our understanding that the San Jose Little League has no objection to the above stipulations." •Now I am not asking you to say "yes" to those I didn't read but specifically with regard to the 9 P.M. curfew on the use of a loud speaker - what is your reaction? Mr. Chatfield: At the Planning Commission I thought it was set at 9:30 P.M. So they are moving it back all the time. I made.a statement at that time that we could very easily live with a curfew of 9:30. This would not hurt our playing in anyway because our rules state that no innings start after 9 P.M., so we would be finished by 9:30 anyway. I don't know what the report is on the Planning Commission but I thought it was at 9:30 P.M. Councilman Shearer: The Planning Commission resolution doesn't contain a stipulation with regard to the time on the loud speakers, only that the field lights are to be off by 10:30 P.M. Is that right, Mr. Yamasaki? Mr. Yamasaki: That is correct. The actual items of the condition of approval do not include a cut off time for the loud speakers but it does refer to a loud speaker system of -sufficient size that would minimize the noise. • Mr. Chatfield: I think I got the letter from the Recreation and Parks Department on what Cortez Park is doing and this is what we will plan to do, take our present PA system and add probably an additional two speakers at the ends of the bleachers and thus keep.our volume down. I don't know what their curfew time is over there. Of course, my question to these people presenting the letter would be if the PA system is objectionable at 9:30 why isn't it at 9 - I don't think 9:30 is -such a late hour. Most of the time we will be finished by 9, but if Council feels the 9 P.M. curfew should be put on the PA system we are willing to go along with it. I think it will be handled as at Cortez Park where announcers during the last game do not announce play by play action only the boys name and the position he plays. I don't think we would object to the 9 P.M. curfew but I would like it to be extended to 9:30 as it was suggested earlier but that is up to the Council. Councilman Shearer: In view of the fact that we have under study a rather comprehensive noise ordinance that I would think would take care of the policing of amplified sound whether at the San Jose Little League or wherever, I would be prepared to move ahead with the recommendation of the Planning Commission without specifying any maximum time in the use of the lights and the League's own rule as stated here says that no inning after 9 P.M. shall be started, so it would really take care of the situation itself without us trying to write in a •further condition in the use permit and then following it up with a noise ordinance. I would move that Unclassified Use Permit No. 133, Rev. 1 and Zone Change No. 478 be approved as recommended to us by the Plannina Commission. Seconded by Councilman Chappell. Councilman Nichols: Is there any member of staff present tonight that would care to state what current lighting restrictions exist on any other field in the City? _ 14 - C.C. Mtg. - 12/26/72 Page Fifteen HEARING: UUP #133 REV. 1 ZC 478 Mr. Aiassa: Yes, Mr. Stevens, Director of Recreation and Parks, is present. Mr. Stevens: There are no limitations regarding the lighting at this time. • Councilman Shearer: I don't want to argue with the Recreation Director but apparently someone is confused because the Planning Commission stated in their report "a time limit of 10:30 P.M. as used at both Cortez and Orangewood Parks." So at least the Planning Commission was under the impression there was a 10:30 time limit. Mr. Aiassa: I think what happened is that most of the lights came in in the last 7 or 8 years and they made an acceptable arrangement with the neighbors and between 10 and 10:30 was an acceptable time in the preliminary hearings we had. I think in lieu of a specific written time this gradually built as the time schedule. Councilman Shearer: It is not in our use permit but it is the accepted time? Mr. Aiassa: Right. Mayor Young: I would like to suggest that we adopt the motion that has been made and seconded and while I am inclined to agree very much with Councilman Shearer, Mr. Chatfield tells us about the Little League Policy of no innings started after the hour of 9 P.M. and that does • kind of take care of it and that is why the, 9:30 time is not objectionable, and I think probably would not be objectionable to the people that sent the letter. The only thought is, as Mr. Chatfield mentions here, that this lighted field could have some multiple purposes and I don't know what the requirements are of the other organizations that might use it or some evening tournaments that might go past this hour. I think that it would be reasonable, since it is primarily designed as a ball park, to accept the request of these residents with a modest compromise and set a 9:30 P.M..curfew on the loud speaker system. I know a little something about loud speakers living across the street from a speaker system, as those of you know when you park in my front yard when you attend games, and we have never minded it but I can see where other people might and this can be a source of great comfort and if it avoids the necessity of an item by item approval or something coming back in the way of a beef to this Council. So I would like to have you keep that in mind and I will offer such a motion after we have dealt with the motion that is before us. Is there anything further, gentlemen? Councilman Chappell: The only thing is I am glad to see a group of interested citizens coming out, raising additional funds to keep the boys playing baseball. The fact that we lost the second field which has been near and dear to my heart and I am still trying to find a way to •keep it from being lost, but I think my cause is down the drain. I would prefer to see two fields with no lights rather than one field with lights, but it looks like it is a lost cause, but I haven't given up on it yet and I am still talking to the people who have the power to make the change. I see no problem here. We have several other fields in the City lighted and we have a much more restricted area. The type of lights built today and the type of lights I looked at when I was attempting to get lights for Maverick Field, will not shine or bother_ the people as much as some of the lights we have in -. 15 C.C. Mtg. -. 12/26/72 Page Sixteen HEARING: UUP #133 REV. 1 ZC #478 the City now. -I.think we will put this park to good use and these young men will continue to play the game of baseball and I am look- ing forward to coming out there and watching the games. Motion AYES NOES: ABSENT: Mayor Young: carried on roll call, vote as follows: Shearer, Nichols, Chappell, Young None Lloyd Zone Change No. 478 and Councilman Chappell: Mayor Young: Gentlemen, I will offer a motion that a curfew of 9:30 P.M. be established on the use of sound amplification within the area comprehended in Unclassified Use Permit No. 133, Rev. 1. This is strictly sound amplification and nothing with regard to the 10:30 P.M. light situation? Right. Seconded by Councilman Nichols. Councilman.Nichols: I conclude much along the lines of the conclu- -sion reached by Councilman Shearer. That is, we are presently contemplating an overall approach to noise control in the City and I think to apply unilaterally this type of restriction at this site and not apply it at other sites existing in the City, where quite obviously because of other conditions the sound problem could be considerably greater, I think it is untimely. I believe if we are going to start restricting earlier than the hour of 10:30 we should do it on an equitable basis to all •other groups in the City. In that the :other lighted areas are allowed to broadcast up until the time they turn off lights at 10:30 P.M. I don't feel like supporting a restriction even though it is an uncontested restriction in this instance. Mayor Young:' As I look at it we are changing a zone and we are granting a permit and we have some public spirited people who.are putting up the money to accomplish the change in use and the change in concept as far as that immediate area is concerned and we have a request that every one agrees is a reasonable one. We have implied concessions made by the prime motivators of this whole operation, the Little League, that there will be other uses if desired or needed from time to time in the area. I would like to see us avoid a kind of ad hoc item by item policy and just have it established that we are in accord with the people doing the job and primarily in accord with those people living in the area. I will submit it. Councilman.,Shearer: I am going to vote "no" on the basis of the fact that I don't think at this time we are discussing any use permit. It doesn't cover the installation of amplifying equipment, it does cover the installation of lights. I don't think this is really the time to tie the two together. The ordinance that we did have before us at one time, I am sure will be back sometime in February, required •a permit for every usage of sound amplification equipment and at that time the conditions could be applied. Now I can foresee in the future (and I don't mean to.raise the ire of those people on the hills), but come July and August tournament times, if your League rules don't allow you to play after 9 P.M. in tournaments there are going to be isolated cases where there will be demonstrated a need for use beyond 9:30 P.M. and in July 9:30 is not very late. So I am not in favor of putting such a restriction tied in with the use permit at this time. Councilman Nichols: I didn't want to belabor this after testimony was given to the contrary, but I am very firmly of the opinion that the Council has 16 - C.C. Mtg.,.- 12/26/72 Page Seventeen HEARING: UUP #133 REV. 1 ZC #478 taken definite action in the past in respect to the 10:30 cut off on lighting on at least one and possibly two locations, and we have on subsequent times received before the Council requests for waivers of those rules at times of particular tournament activit-ies... I don't know just when this went on but I am sure the research of Council •minutes will indicate that this 10:30 time listed in the Planning Commission action is a time based on earlier action by Council. I think if we are going to modify that and may be we should, if we are going to entertain sound control, perhaps it should be done in a unified sense and not on the basis of a single shot deal or one location alone. Mayor Young: Well, he whogoverns least,:governs..best,.I suppose. Is there further comment? Ready for the question? Motion failed on roll call vote as follows: AYES: Mayor Young NOES: Shearer, Nichols, Chappell ABSENT: Lloyd THE CHAIR CALLED FOR A RECESS AT 8:55 P.M. AND STATED AN EXECUTIVE SESSION WOULD BE CALLED AT THE SAME TIME. COUNCIL RECONVENED AT 9:05 P.M. EXECUTIVE SESSION Mayor Young: I called for the TOPIC Executive Session to request the counsel of my fellow Councilmen as to the Regional Coastal Zone Commission, which .there will.be a delegate selected for tomorrow night, and I have to vote for that. CITY ATTORNEY - Cont'd. ORDINANCE NO. 1212 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DEFERRING THE OPERATIVE DATE OF ORDINANCE NO. 1210, PROVIDING FOR THE PAYMENT OF ONE-HALF OF THE ADDITIONAL BUSINESS IMPROVEMENT AREA TAX FOR THE PERIOD FROM JULY 1, 1973 TO DECEMBER 31, 1973, AND PRESCRIBING THE PROCEDURE THEREFOR, AND DECLARING THE URGENCY OF THIS ORDINANCE AND l PROVIDING THAT IT SHALL TAKE EFFECT IMMEDIATELY." Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to waive further reading of said ordinance. Motion by Councilman Chappell, seconded by Councilman Shearer to adopt said ordinance. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Chappell, Young NOES: None ABSENT: Lloyd ORDINANCE NO. 1213 The City Attorney presented: • ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 2410 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO OFFICES AND EMPLOYMENTS IN THE EXEMPT SERVICES." Motion by Councilman Chappell, seconded by.Mayor Young, to waive further reading of said ordinance. Motion by Councilman Chappell, seconded by Mayor Young, to adopt said ordinance. Motion carried on roll call vote as follows: AYES: Nichols, Chappell, Young NOES: Shearer ABSENT: Lloyd - 17 - C.C. Mtg. - 12/26/72 CITY ATTORNEY: Cont'd. Page Eighteen RESOLUTION NO. 4679 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 4594 RELATING TO SCHEDULE OF FEES." • Mr. Wakefield: Mr. Mayor and members of Council, this is clarifying only, it doesn't change the basic fees established originally but it does spell out the 'categories a little more specifically so it eliminates questions from the persons required to pay the fees. Motion by Councilman Chappell, seconded by Councilman Shearer to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Shearer to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Shearer, Nichols, Chappell, Young NOES: None ABSENT: Lloyd AT 9:07 P.M., THE CHAIR ADJOURNED THE COUNCIL MEETING AND OPENED THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 9:30 P.M. ORAL COMMUNICATIONS None. CITY MANAGER ANNUAL VEHICLE Mr. Aiassa: Mr. Mayor and members of LEASING CONTRACT Council, I would like per- mission to carry this item to the January 8 meeting of Council. We have some local merchants •over that want to participate. So moved by Councilman Nichols, seconded by Councilman Shearer and carried. RESOLUTION NO. 4680 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277 BY ADDING THE FOLLOWING CLASSES ASSIGNED TO COMMUNITY REDEVELOPMENT AND PRESCRIBING THE SALARY RANGES APPLICABLE TO SUCH EMPLOYEES." Motion by Councilman Chappell, seconded by Mayor Young and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Mayor Young to adopt said Resolution. Councilman Nichols: Mr. Mayor. It is my understanding that the Council stated the opinion that we did not desire to see the position of Executive Director established separately. Mr. Aiassa: No salary. • Councilman Nichols: I understand that but I don't think that was basically what the discussion was at the time. It was simply that you were wearing two hats. Mr. Aiassa: I may want to delegate it and give the same opportunity to some other worthy employee. Mayor Young: I think this is what is the problem - I believe what Council had in mind was they would like to make this as part of the City Manager's duties if it comes up so you don't have it later as a pressure point. - 18 - C.C. Mtg. - 12/26/72 Page Nineteen CITY MGR.: Res. #4680 Councilman Nichols: It was my understanding that at this time we did not desire to create a separate position of Executive Director of Redevelopment, but continue as it has been and the removal of compensation was certainly a concern, admittedly. But it is obvious to me on the face of it there •is no point in having a position that could be delegated without any remuneration. You could appoint any one you choose to assist you to carry out any function you may delegate without compensation. I can see only one possible reason to have this position in here that at some point someone later will come back and want to add a salary to it. Mr. Aiassa: The only phase of concern to me is if it comes to a time of emergency that the responsibility will have to be removed or limited that the manager can relinquish -this position and at that time the Council can weigh the amount of work and responsibility they have, maybe they will want to contract or create a position in Lhat area. At least you have the job description and you wouldn't have a salary so it can never be filled and there is actually no person authorized in the Personnel Rules and Regulations to fill it, just a job description. Councilman Nichols: The City Manager is the Executive Director by virtue of the original proposal, the only emergency I could envisage is that you could drop dead and that would be a far greater concern than having to fill an Executive Director position. If any other emergency arises it.would be a very simple process for you to come to Council and indicate the nature of that problem and why you need to create such a position and fill it, and in the interim, unless I am going off here on a tangent, •that wasn't in keeping with our thinking, in the interim I thought we had directed that the status quo be maintained and the Directorship not be created. • Mr. Aiassa: A question of Mr. Wakefield. When we set up the Redevelopment Agency we did create a position of Executive Director title only? Mr. Wakefield:. No sir, the original Resolution provided that certain city officers and department heads would perform functions for the Redevelopment Agency without additional compensation. The position of General Manager, the position of. Treasurer and a series of engineering positions were all encompassed in that Resolution. Mr. Aiassa: Mayor Young: and if the need comes second and three votes a lot of discussion. Councilman Shearer: Mr. Aiassa: So we really don't have the specific position of Executive Director per se. Could I make a suggestion I think that Councilman Nichols is correct in his summation of it - and that we, simply strike this position for this position it will take just one motion, a to get it and you will have it. That would save with the proviso that the abeyance. Mayor Young: Put'your job description in the file somewhere and when you need it pull it out again. We would have to do this because we had a special meeting with the Personnel Board. The Council would have to adopt a resolution Executive Director job position be held in And deleted therefrom. Councilman Shearer. So moved by Councilman Nichols, seconded by - 19 - C.C. Mtg. - 12/26/72 CITY. MGR.: Res. #4680 Mayor Young: Mayor Young: Page Twenty The proper motion then is to amend the Resolution, that would.take precedence. Motion carried amending Resolution. May we now have a motion to adopt the Resolution as amended? So moved by Councilman Nichols, seconded er and carried on roll call vote as follows: by Councilmanz Shear AYES: Shearer, Nichols, Chappell, Young NOES: None ABSENT: Councilman Lloyd RESOLUTION NO. 4681 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTED OF WEST COVINA AMENDING RESOLUTION NO. 1277 RELATING TO DEPARTMENT HEAD AND FLAT RATE POSITION SALARIES. (Deputy Director/Emergency Services.)" Motion by Councilman Chappell, seconded by Councilman Nichols and carried, to -waive further reading of said Resolutbn. Motion by .Councilman Chappell, seconded by Councilman Nichols to adopt said Resolution. Councilman Shearer: Mr. Mayor, will somebody tell me what this is? This is an exempt position and the State, under Mr. Aiassa: Civil: Defense, pays 50% of this salary and the Secretary to the Civil Defense Department. Councilman Shearer: Okay. But, what's this resolution doing, raising the.salary? Mr. Aiassa: Yes, we are giving him a raise. CouncilmanShearer: When did we discuss that? Mr. Aiassa I brought that up in a Personnel Session, that I had with you. I said he would be working with the Redevelop- ment Agency is the one position that will not be filled and that is the administrative side.of the Redevelopment Agency. This position will fill that; in lieu. Councilman Shearer: I must have been asleep. If you are referring to the Personnel Session we had last meeting, we discussed two, maybe I was asleep, but we discussed the Deputy Police Chief and .... Mr. Aiassa: No, this has nothing to do with that:position. This is related to the Redevelopment Agency - part of the Redevelopment Agency set-up. Councilman Shearer • Alright., but that is not what I am talking about. You said"at the Personnel Sessin" o and apparently it was another Personnel Session. Session.... Mr. Aiassa The Personnel Session that we discussed the Redevelopment Agency staff. Councilman Shearer: At that time we discussed on giving this position a raise? Mr. Aiassa: That is right. I said I was going to give it additional responsibility but still main- tain it under Civil Defense because we are being 20 - C.C. Mtg. - 12/26/72 CITY MGR.: Res. #4680 Page Twenty-one remunerated . 50/ of the salary and if we charge the title or do anything contrary to what we are doing now we will have problems to get the State to reimburse us. Councilman Shearer: What is the amount of the increase? *r. Aiassa: $120 and $60 of it will be paid by the State and $60 by the City. Councilman Shearer: Does anybody else remember that? I don't remember. Councilman Nichols: I remember the discussion but I don't remember when or where. Councilman Chappell: I think the name of the individual was used and this may be the problem. I remember the gist of it. Councilman Shearer: All right I won't belabor the point., then. I think I know the name of the individual. I have my doubts that I was asleep. Councilman Chappell: It was 11:00 or 12:30 that night,= it was 12: 30. Councilman Shearer: Yes, there was a lot going on at that session as I recall. Mayor Young: We have a motion to adopt before us. May we have a roll call vote if there is no further discussion? Wouncilman Shearer: Due to the fact I must have been asleep, I am going to vote "No". Motion carried on roll call vote as follows: AYES: Nichols, Chappell, Young NOES: Shearer ABSENT: Lloyd DEFERRED COMPENSATION Mayor Young: We are asked to approve a PLAN Deferred Ci,mpens ati on Plan for the City of West Covina. You have before you a staff report. Is there discussion or questions? Councilman Chappell: A question. Who was the City Department Chairman? It says"this company was chosen over all others by the City's Department Chairman". Mr. Aiassa: We created a Committee of Department Heads... Councilman Chappell: Not just one individual? Mr. Aiassa: No,he was the'ChairmAn of this Committee and after evaluating all the various plans referred this to us as a Deferred Compensation Plan. This will permit this individual to meet and confer with the employee on his own time. This is probably limited to Department Heads or somebody in the $900 to $1000 a month income. Mayor Young: If there is any chance that this would create any kind of a burden or expense on the part of the City,I don't see any point in adopting it. Let it be negotiated for and a detailed cost analysis placed on it. Mr. Aiassa: It.might be a payroll deduction. 21 - C.C. Mtg. - 12/26/72 CITY MGR.: Deferred Compensation Plan Councilman Chappell: Mr. Wakefield: Not might, it will be. Yes, it will be. Page Twenty-two Mayor Young: It seems like no matter what the Council does • it turns out that we are..a lousy group as far asthe spokesman of the employees is concerned. And to simply volunteer something without resulting from hard core bar- gaining and a detailed cost puton it,I don't feel any strong incentive in this day and age. Councilman Nichols: Mr. Mayor, as I understand it, it involves no cost to the City. Mayor Young: It is a payroll deduction and that is an administrative cost right there. Councilman Nichols: Yes, I would agree with that. That there is some very minor payroll cost involved in entering an amount, but these types of programs are very wide -spread and they are engaged in at the option and cost to the employee as an investment program and I don't envisage it as an item that would.be considered a fringe benefit being .extended by Council. Mr. Aiassa: The main purpose of bringing it before you is to let you know this plan is being considered and the representative is here. The Department Heads had two meetings on this and w've.talked .ID several representatives of various firms and this one seems to be the one the Committee and the staff, at least the Department Head level, wanted to go into. *Mayor Young: If Council approves it then the program is in existence at this time and the New York'Life representative is free then to contact the employees and determine whether or not.they desire to enroll in it. Mr. Aiassa: Yes we are allowing them the opportunity to meet and.converse with the employee who is interested and it has to be a voluntary program on the part of the employee. It is not a mandatory program. There is a group benefit acid the larger the group the more benefits they will derive. Councilman Chappell: How was the information put out for various companies to come in and make their proposal? Mr. Leonard Eliot: The contact was actually made with us Controller initially when new legislation in the State authorized municipalities to enter into this type of contract. We were contacted originally by Sutro & Company,which is primarily engaged in mutual funds. Shortly after that we hada telephone call from Aetna Life Insurance and also New York Life. We did not make any contact with anyone else other than those three firms. Mayor Young: Have the employees themselves participated in the choice? Mr. Eliot: No. This is primarily upper management. It is really not something to be bargained for by the average employee organizations;because it is a Deferred Compensat--km Plan the likelihood of those that will take advantage of it is the uppermiddle management that are not covered in your bargaining groups. By the way this will cover elective officials, appointive officials and contractors with the City. These individuals will probably take advantage of it more than the rank and file although it will be available to everyone. Mayor Young: We are not getting into a bind if)for example) - 22 - C.C. Mtg. - 12/26/72 CITY MGR.: Deferred Compensation Plait the City Employee Association says "we might organization that offers this and we had no of the Agency that we are now asked to give and hold for the next 20.years." Page Twenty-three prefer Su.tro.or some other voice in the selection our money to and invest for us .Mr. Eliot: No, all we can anticipate is that a minimal. number of persons will be participating in the lower pay groin. This was presented to the Department Heads; actually by the various representatives. There was a Committee of three set up to screen the three and that is why the selection was made by three individuals from Department Head level because it was looked at primarily, as a benefit to groups nonrepresented in your bargaining organizations. Mr. Aiassa: These are the exempt positions. Councilman Nichols: Mr. Mayor, as a matter of interest,the, School Districts of California have been authorized to engage in this type of program for about two or three years now and the County counsel,not too long ago.,ruled that the School Districts were required to admit all outside agencies who desired to make available to employees their particular program. So the discussion tonight may prove ultimately somewhat academic because the probability is that one or more firms that have not applied or been turned down will challenge the employee groups right to limit their access and the probability is at some future point there will be other firms in dealing in this area. This is the beginning of something that will probably become more extensive in the municipal field. �Mr. Aiassa: What would be the required procedure on this - can this be done administratively? Mr. Wakefield;- No, the plan can be implemented only by agreement approved by the City Council between the City and New York Life Insurance Company and, in effect, approving the plan as proposed and making available to the City the various kinds of insurance programs which are available through the group plan that is ultimately incorporated in the proposal by New York Life. Councilman Shearer: Could we enter into an agreement with Aetna,. also? Mr. Wakefield: Yes, sir. Councilman Shearer: We are not entering then into.an exclusive agreement with New York Life? Mr. Wakefield: No. Mr. Aiassa: And the employee is still entitled to go to any other similar service regardless of New Yolk Life or any. other. Councilman Shearer: If he is entitled to go to somebody else why do we have to have an agreement? Mr. Wakefield: I don't think that is quite true, Mr. Mayor and members of Council, The Deferred Compensation Plan has two aspects to it. The first is an agreement between the City and the individual employee pursuant to which the employee agrees that a certain amount of..his monthly compensation may be withheld and invested in a particular program. The program available to the employees is that program or programs which have been approved by the City and formalized byagreement be- tween the Cityandthe various companies or company that writes the particular Deferred Compensation Program, but there are some limits. - 23 - C.C. Mtg. - 12/26/72 Page Twenty-four CITY MGR.: Deferred Compensation Plan For example, I understand the New York Life proposal requires a minimum of 12 employees to participate in the group before it may become effective and this is part of the agreement between New York Life and the City. There are other details that will be spelled out, but before any employee may authorize payroll deductions_for this purpose, or Deferred Compensa- tion as it is called, there must be an arrangement existing between the *ty and the carrier for what really amounts to the investment of the nds of the employee in a, particular program. Mayor Young: Apparently in the overall discussion any action we take tonight approving this would not pre- judice any further action that might become ap- propriate in the future? Mr. Wakefield: That is correct. Mayor Young: Whether it be admitting other organizations to the program or something else, so with that in mind, perhaps a. motion would be in order. Councilman Shearer: Is the action we are being asked to..take -- I thought this was an informational thing, it says Staff Report and there is no recommendation. If we approve to go into this agreement, is this some sort of indication on our part that we think this is a. good plan? If so, then I will vote "no", because I don't know anything about the plan. Mayor Young: Councilman Shearer • Mayor Young: One by one, are we asked to.take action tonight? I wasn't aware we were, but the way the discussion has been going, it sounds like that's what we're about to.... That's the way I construed this. Reading it over- all, I assumed that we were supposed to pass it. Maybe I was out of order. Councilman Nichols: Mr. Mayor, It seems to me we are making more of this by some of the information that is coming up to us, perhaps, tha.n,we should be making. Mr. Wakefield, the enabling legislation, is it substantially different than the legislation operative in the school districts? Mr. Wakefield: Councilman ment or the thing else one that is warranty or No, it is identical. Nichols: Isn't the function of the City Council, really, simply to recognize this agent? It is not our obligation to insure the validity of the invest - degree of the return or to warrant its success or to do any - except recognize this as one of perhaps a, number, but certainly authorized to deal with City employees? We don't imply any any responsibility as a. Council in this action, do we? Mr. Wakefield: No. It is a, voluntary program on the part of the employee in which the City becomes a, participant because the City is required, pursuant to the regulations of the Internal Revenue Service, if the plan is actually a.p- roved as a. Deferred Compensation Plan, to hold the employees' funds for Thvestment as directed or agreed upon,or in this particular case to pay e premium on a. particular kind of insurance for the employee. Councilman Nichols: Yes, but there are many, many agencies that the City withholds for employees such as Blue Cross programs, United Crusade, etc., where employees direct the City to withhold so many dollars a month and the legislative body assumes no responsibility other than recognizing an agency and giving them that right to contact the employees. So I think what we are going to see is probably a. half dozen similar organizations over the next year come. in and ask for's:imilar recognition. As' I see.it, we are doing nothing other than saying to - 24 - C.C. Mtg. = 12/26/72 Page Twenty-five CITY MGR.: Deferred Compensation Plan the employee "okay, if you want to go ahead - fine, the city administratively will take the money out as you direct it.." And it is an entirely innocuous type of action as far as I can see. Mayor Young: Well,Councilman Shearer has two questions pending, one being, are we asked to take action tonight? Are we? Mr. Aiassa: There is a procedure to take but if there is any doubt in any Councilman's mind,it 'can be carried over. Mayor Young: Can't you just say "yes"? Mr. Aiassa: Yes. Councilman Shearer: I will withdraw my reservation as long as I am assured that if any Tom, Dick or Harry wants to come in and offer a plan and he can sell some City Employee to invest in it that we in no way as a Council are saying this is a good or bad company and that we will let anybody in who wants to come in. If that is the idea,then let's allow New York Life to come in to be followed by anybody else. Mr. Aiassa: I believe that is what Mr. Wakefield is saying. Mayor Young: Is that a motion? Councilman Shearer: Yes. Seconded by'Councilman Chappell and carried. PROPOSED COVINA . Mayor Young: We have a Staff Report and SOUTHERLY ANNEXATIONS recommendation. NOS. 55, 56, 57. Motion by Councilman Nichols, seconded by Councilman Chappell, to authorize the Mayor to sign the protest letter and further instruct Staff to appear at the December 27, 1972, hearing and present the letter as the position. of the City of West Covina. Councilman Shearer: I discussed this earlier today with the City Manager and I am not convinced that the City 'of West Covina should be trying to tell LAFCO or the City of Covi:,a or anybody else except in those cases where it has a direct influence on us as to whether or not properties should be annexed. And looking at the maps on the two annexations, there are three mentioned in the agenda,is "56" a misprint? 6 Mr. Yamasaki: Mr. Mayor and members of Council, the proposed annexation No. 56 is one that will come on the LAFCO Agenda at a later date. The other two are immediate ones. Councilman Shearer: Neither one of them, while they are in the general area of West Covina, I really don't see where it has any detrimental effect on us and we talk about creating islands, etc., and in the one case,it creates no island. The other one near Grand merely cuts one island already existing into a couple of smaller ones because.the islands are already there. In our proposed letter of protest we get into an item that to me isn't even pertinent, that is how county property ought to be developed, That has nothing to do with annexations to Covina. If you could convince me - or you could go .ahead and vote on it you still have probably 3 votes, but it just seems to me it - 25 - C.C. Mtg. - 12/26/72 Page Twenty-six CITY MGR.: Proposed Covina Annexations #55.56.57 smells a little bit of sour grapes thatwewant to go up to the County and say we are protesting the annexation - particularly this one-up ,here - there isn't even an adjacent boundary. It is up nortn of the freeway and it seems to me we should keep our hands off of it. It is residential property, not prime property. Or. Aiassa: Mr. Mayor, may I address the Council? Funda- mentally the purpose of this letter is that LAFCO has required the adjoining cities to get together and determine some basis on which they have some common grounds on which annexations can be worked. The perfect one is the one we just completed with Walnut City where the cities are adjoining and they met and came to decisions: We have this whole vast area on the eastern perimeter that we never had this opportunity to go into. I talked to a LAFCO representative and they thought that this was'one time for the two cities to_at least have some mutual understandings. So may I say if we do protest one with any tingling of sour grapes that it won't be that,because we will then have an opportunity to decide what areas of influence one City has to the other City so that we don't create just an arbitrary protest. I agree with you, Councilman Shearer, I think it is completely irrelevant to go there and protest and be "sour grapes" because LAFCO and.the County are not that naive not to know when sour grapes come in and what factors are there, but there is a requirement and it is a requirement of LAFCO that the cities get together and study the joint influences of their areas and we have not been able to accomplish this in this one area and this is oneof the areas that has caused tribulations.. I would say of the annexations of Covina this is probably one of the least that we could really stir up a big storm on because it is residential and inhabited and they will have to vote it. But what we are more concerned about is the Wemaining areas that will have a direct effect on us in the next ones that are coming. The only thing our letter is trying to spell out and I admit it does s>und a little bit of sour grapes, but we have to come to some* understanding between the two cities before we go beyond these other areas that are now being proposed and developed into one city or the other. This is where LAFCO has made it a mandatory requirement. We made out two reports for LAFCO and this is what we are trying to -accom- plish. Maybe this area will not have any importance or significance to West Covina and if that is the case,then we won't even waste our time to talk to them about it. Councilman Shearer: It just seems to me it is kind of late in the game, annexation, for some reason. And I don't know whether the people in the area have come to the City of Covina and said they would like to annex or what - I don't know their procedure. We as a matter of past practice here have taken sort of a "you come to us basis" with regard to residential areas and if that is the same situation there and these people vote they want to be in Covina,I don't see where we should stand up in front of a County Agency and say'we protest. Now if our City wants to get together with Covina and work out a sphere of influence line - fine, but I don't think now or this is the tool to do it by protesting an annexation of some residential property. Let the voters speak for themselves. If they want to be in Covina,they vote "yes",and if they.want to be in West Covina,they vote "no" and hen come to see us. Mr. Aiassa: The only answer I can give is that of any issues or areas that could be least controversial between the two cities, .would be these two parcels of property annexed and I believe* „that this would then stimulate the time and place for us to get together with LAFCO and have a joint meeting with the two cities and this is the thing in talking with LAFCO,that has some correlation because this is the area that is so split up and has so many islands and usages that we should have this kind of analysis. As a matter of fact., the Board of Supervisors put amanda.te armarattxium on any - 26 - C.C. Mtg. - 12/26/72 Page Twenty-seven CITY MGR.: Proposed Covina Annexations #55 56 57 zoning or any annexations of this kind to see whether some realistic approach can be made.7hey gerrymanded all over the cities in the past annexations and that is why LAFCO was created. • Mayor Young: I will never forgive those people for cheating us out of land all around that little neck down to Galaxie. Mr. Aiassa: If we had a sphere of influence study LAFCO would take that stand. Councilman Nichols: Mayor, there has been a very clear difference of opinions expressed by the City Manager and Councilman Shearer. As I understand Councilman Shearer's position,he`feels this is a petty place to pick a fight and Mr. Aiassa feels the petty place is the place to get the thing going before the big fight comes. So it is a matter of approach. We have a recommendation, the hour is moving on - if Councilman Shearer has nothing more to add I would just as soon call for the question. Councilman Shearer: Other than if the vote goes against me and I have a hunch it will, may I encourage the Mayor before he signs this letter, that he take a long hard look at the last paragraph. It doesn't have anything to do with the question of protest of the annexation. Mayor Young: I have been trying to figure it out. It seems to me perhaps if the moratorium is present, as suggested,that a simple letter stating we feel the areas proposed are within our sphere of influence and there- fore we would prefer a .delay until appropriate studies are made.1his might be less offensive to the City of Covina and still accompiish our purpose. Councilman Nichols: Let's vote the letter down and get a new letter going. Mr. Aiassa: This is a rough draft letter. You are not accepting the letter,per se. You are simply directing the Mayor to voice this expression; as Mr. Nichols pointed out, it is easier to play intbe_.penny-pin_diing areas"than when you get to the multi -thousands of dollars situation. Mayor Young: Well,let's have a motion of some kind, gentlemen? Mr. Aiassa: You can give the Mayor the authority to write the letter. Councilman Nichols: We have a motion on the floor based on the Staff Report recommendation. Mayor Young: Let's vote it down if that is our desire and then offer a new motion. Motion failed. All voting "no". •Motion by Councilman Nichols that the Mayor meet with the City Manager and prepare and sign a letter expressing the sentiments of the Council, that is that a letter be directed which will achieve the point that staff desires to make and be less offensive in terms of the impact of the letter. Seconded by Councilman Chappell. Motion carried as follows: AYES: Nichols, Chappell, Young NOES: Shearer ABSENT: Lloyd Mayor Young: I would like to suggest that the first two paragraphs of the existing letter simply be - 27 - C.C. Mtg. - 12/26/72 Page Twenty-eight CITY MGR.: Proposed Covina Annexations #55. 56. 57 the letter and that seems to cover it. Councilman Nichols: That's fine! Mayor Young: You are talking about the sphere of influence • and drop it there - let that be presented. (Council agreed other than Councilman Shearer, who still felt "it was not any of the Council's business.") RESOLUTIONS OF COMMENDA- Councilman Shearer: Mr. Mayor, I TION move that this SUGGESTED NEW CRITERIA matter be held over to our next regular meeting primarily because Councilman Lloyd is absent and he is the one that wanted more time to discuss it. Seconded by Mayor Young and carried. Mayor Young:' One point - I would like someone to be able todistinguish the difference between a plaque and a perma-plaque, however. (Mayor Young asked if there was anything further and Mr. Aiassa said "No, only to advise Council I did not take three days vacation last week.") MAYOR'S REPORTS "WEST COVINA BEAUTIFUL" Mayor Young: The Committee on the 50th ANNIVERSARY West Covina Golden CELEBRATION FOR CITY Jubilee would like to have OF WEST COVINA two Councilmen to act as representatiVes on this Committee. I am having a little trouble in attending on Wednesday night and Councilman Shearer went to the last meeting and made a few suggestions which I followed through on. I wonder if someone else would like to volunteer as an additional liaison to this Committee? Councilman Nichols: Mr. Mayor, I know it comes.from me like a broken record - Wednesday nights are bad for me, except during the summer..months, and that is why I`had:'.a 4 month_ period: on the Planning Commission,, terminating in September. Mayor Young: Perhaps Councilman Shearer would like to take it on as the permanent liaison? Councilman Shearer: That is on Wednesday night, I would suggest perhaps, Mr. Mayor, that you defer that until you get to the next item insomuch as Council- man Nichols is on for that assignment which is on a Wednesday night and you might want to make some adjustments there. If that adjustment should include me going to the Planning Commission then I would have to defer the other request. Wayor Young: All right. You 0have a list of the recommended liaisons for the coming quarter. I think Councilman Nichols would like to be relieved of the Planning Commission. Councilman Nichols: Yes I would for the reason just stated and that in September I finished a 4 month assignment on the Planning Commission and would be happy to have it again in May or June for another 4 months. Councilman Shearer: I will take it but in that case I won't take the Birthday Party. - 28 C.C. Mtg.-.12/26/72 Page Twenty-nine MAYOR'S REPORTS: Council Liaisons Councilman Nichols: Mr. Mayor, I could take the 50th Anniversary Celebration assignment with the understanding that I would be unavailable on the lst and 3rd Wednesdays, but all other Wednesdays I would be on call and be happy to meet with them. If that would be understood when you turn my name in �o them I would be pleased to be appointed to that Committee. Mayor Young: That will be understood. Planning Commission - Shearer/Nichols; Recreation & Parks Commission - Lloyd/Chappell; Personnel Board - Chappell/Young; Human Relations Commission - Young/Chappell; Chamber of Commerce - Lloyd/ Young; West Covina School Board .... Councilman Nichols: Mr. Mayor, I.never served as a representative to the School Board and you have Mr. Shearer down. Obviously there are reasons why I never served but I am just getting old enough and mean enough to think that it might be time I took the Council liaison appointment and attend a few of the School Board meetings. Mayor Young: All right. The custom is not to attend unless it is a matter of great importance, but.that is up to you. Councilman Nichols will be assigned to the School Board. As amended it will be Councilman Nichols/Lloyd. Youth Advisory Commission - Nichols/Shearer. COUNCILMEN'S REPORTS/ None. COMMENTS DEMANDS Motion by Councilman Chappell to approve demands totalling $842,354.21 as listed on Demand Sheets B564 through 566, and B559A. Seconded by Councilman Shearer and carried on roll call vote as follows: AYES: SHearer, Nichols, Chappell, Young NOES: None ABSENT: Lloyd,, ADJOURNMENT Motion by Councilman Chappell, seconded by Councilman Nichols to adjourn at 10:15 P.M. Councilman Shearer: Mr. Mayor, could we make the motion to adjourn in honor of our deceased President Harry S. Truman. Councilman Chappell: I will amend the motion in honor of Harry S. Truman. ATTEST: Seconded by Councilman Nichols and carried. APPROVAL: MAYOR - 29 -