02-11-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
FEBRUARY 11, 1974.
The regular meeting of the City Council called to order at 7:30 P.M.
in the West Covina Council Chambers by Mayor Jim Lloyd. The Pledge
• of Allegiance was led by Jackie Esque, Debbie Fleming and
Charlene Van Antwerp, cadets from Girl Scout Troop 440. The invoca-
tion was given by Rabbi Elisha Nattiv of Temple Shalom.
ROLL CAT,T,
Present: Mayor Lloyd; Councilmen: Young, Nichols,
Shearer, Chappell
Others Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
George Zimmerman, Public Service Director
Leonard Eliot, Controller
Michael Miller, Planning Director
John Lippitt, City Engineer
Jeff Butzlaff, Administrative Analyst
Mark Volmart, Administrative Analyst, Jr.
Harry Thomas, Traffic Engineer
Mike McDonnell, Staff Reporter - S.G.V.D.T.
APPROVAL OF MINUTES
JANUARY 281 1974. Motion by Councilman Young, seconded by
Councilman Shearer and carried, to approve
minutes.
CONSENT CALENDAR
Mayor Lloyd explained the procedure of the Consent Calendar and
asked if there were any comments on any of the following items:
1. WRITTEN COMMUNICATIONS
a) MR.
& MRS.
K. HOBSON
MR.
& MRS.
J. HASTERT
Letter expressing appreciation of
MR.
& MRS.
B. KUCKENBECKER
Council's decision re Cameron and
MISS
ETHEL
PRATT
Valinda Avenues intersection.
MR.
& MRS.
T. GALLAGHER
(Receive and file)
MR.
& MRS.
H. JACKSON
MR.
& MRS.
LEE
b) LOS ANGELES COUNTY
REGIONAL PLANNING
COMMISSION
0 c) WEST-COVINA HIGH SCHOOL
d) SPANISH TRAILS GIRL
SCOUT COUNCIL
Notice of Public Hearing for Condi-
tional Use Permit Case No. 381-(1)
re request for directional sign on
North Azusa Avenue approximately 150'
southerly of E. Francisquito Avenue
on Thursday, February 21, 1974.
(Authorize staff member to attend)
Urging consideration of installation
of traffic signal at Cameron and
Fernwood Avenues. (Receive and file)
Request permission to conduct
Annual Cookie Sale from March 15/25,
1974. (Approved in prior years.
Recommend approval)
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CITY
COUNCIL
Page Two
CONSENT CALENDAR - Cont'd.
2/11/74
2.
PLANNING COMMISSION
SUMMARY OF ACTION
February 6, 1974. (Accept and file)
3.
PERSONNEL BOARD
•
MINUTES
January 8, 1974. (Receive and file)
4.
ACCEPTANCE OF IMPROVEMENTS
AND/OR RELEASE OF BONDS
a)
PROJECT NO. SP-73003
LOCATION: Sunset Avenue from Cameron
AMAN BROS. INC.
Avenue to San Bernardino Freeway.
ACCEPT street and sidewalk improve-
ments, traffic signals, street
lights, irrigation system and landscap-
ing and authorize release of United
States Fidelity & Guaranty Company
Faithful Performance Bond
No. 40-0120-5003-73 in the amount of
$162,183.961 subject to Notice of
Completion procedure. (Staff
recommends acceptance and release.)
b) PRECISE PLAN NO. 516 LOCATION: .South Garvey Avenue, W/O
BOND RELEASE Holt Avenue. (Temple Beth Ami)
CITRUS VALLEY JEWISH Council reviewed Engineer's report.
TEMPLE CENTER Authorize release of Hartford
Accident & Indemnity Company Faithful
Performance Bond No. 3918234 in the
amount of $2, 567. 94.
5. PROGRESS REPORT ON STREET
Informational
Report. (Receive and
MAINTENANCE PROGRAM
file)
6. PROGRESS REPORT ON
Informational.
(Receive
and file)
ENERGY USE
CouncilmAAn-Y�hearer:
Mr. Mayor, in
the absence
of any
comments I move approval
of the
Consent Calendar items 1
through 6.
Seconded by Councilman Chappell and carried on roll call vote as
follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
PUBLIC WORKS
TRANSFER OF STORM DRAINS LOCATION: 1) #328 - Woodside Village,
TO LOS ANGELES COUNTY S/O Amar Road, E/O Azusa Avenue.
FLOOD CONTROL DISTRICT 2) #407 - Aroma Drive, E/O Azusa
MISC. TRANSFER DRAINS Avenue.
328 and 407 Council reviewed Engineer's Report.
RESOLUTION NO. 4840 The City Attorney presented:
• ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS
OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CON-
VEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS
MISCELLANEOUS TRANSFER DRAIN NO. 328, IN THE CITY OF WEST COVINA,
FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND
AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF."
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CITY COUNCIL Page Three
PUBLIC WKS: Storm Drain Transfers - #328, #407 2/11/74
RESOLUTION NO. 4841 "A RESOLUTION OF THE CITY COUNCIL OF
ADOPTED THE CITY OF WEST COVINA, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS
OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND
CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS
MISCELLANEOUS TRANSFER DRAIN NO. MTD 407, IN THE CITY OF WEST
COVINA, FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT,
AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF."
Motion by Councilman Shearer, seconded by Councilman Chappell and
carried, to waive full reading of said Resolutions.
Motion by Councilman Chappell, seconded by Councilman Shearer, to
adopt said Resolutions. Motion carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
BILLS OF SALE LOCATION: Tract 24006, Tract 30400,
ACCEPTANCE OF WATER MAINS Tract 304011 Tract 30402 in Woodside
AND FACILITIES Village.
DONALD L. BREN COMPANY Council reviewed Engineer's report.
Accept water mains and facilities
transferred to the City of West Covina
by Bills of Sale dated December 11,
1973, and executed by Donald L. Bren
Company.
Mr. Aiassa: Mr. Mayor, Council has received a
staff report and Mr. Zimmerman is
available to answer any questions.
Mr. Zimmerman: Mr. Mayor and members of City Council,
as indicated in the report, this is
a transfer of the majority of inhouse
water mains of the smaller sizes serving the homes and apartments in
Woodside Village and staff recommends Council accept them, without
charge.
Councilman Young: This is in accordance with the
original contract - is that correct?
Mr. Zimmerman:
Yes, that is correct.
Motion by Councilman Young to accept staff recommendation. Seconded
by Councilman Shearer and carried.
THE CHAIR RECESSED THE COUNCIL MEETING AT 7:48 P.M. FOR THE PURPOSE
OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE
PARKING AUTHORITY MEETING. CITY COUNCIL RECONVENED AT 7:56 P.M.
CITY ATTORNEY
ORDINANCE The City ,Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, ADDING PART 7 TO
CHAPTER 2 OF ARTICLE IX OF, AND AMENDING
SECTION 9216.2 OF, THE WEST COVINA
MUNICIPAL CODE, RELATING TO CONDOMINIUMS,
INCLUDING THE COVERSION OF EXISTING
APARTMENTS TO CONDOMINIUMS."(Amendment
No. 117)
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CITY COUNCIL page four
CITY ATTORNEY - Cont'd. 2/11/74
Motion by councilman Young, seconded by Councilman Shearer and
carried, to waive full reading of said Ordinance.
Motion by Councilman.Young, seconded by Councilman Shearer and
carried, to introduce said Ordinance.
ORDINANCE NO. 1236 The City Attorney presented,:.
ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, AMENDING THE WEST
COVINA MUNICIPAL CODE SO AS TO REZONE
CERTAIN PREMISES. (Zone Change :Applica-
tion No. 487-The May Stores Shopping
Centers, Inc.)"
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive full reading of said Ordinance.
Motion by Councilman Young, seconded by Councilman Shearer, to
adopt said Ordinance and carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
MALONE v. CITY OF LOS:3.AN:GELIES, Mr. Wakefield: Mr. Mayor and
COUNTY OF LOS ANGELES, CITY members of Council,
OF WEST COVINA, ET AL.- about ten days ago
CASE NO. CV-74-256TWC11 the City of West Covina was served
RE EXEMPT INTERSTATE with a summons in a complaint in
COMMERCE LICENSE FOR an action filed in the Federal
MAGAZINE SOLICITORS Courts to challenge the constitu-
tionality of that portion of our
Municipal Code which regulates
solicitors. The City was named as a party defendant along with the
City of Los Angeles, the County of Los Angeles, and a number of other
cities, all who have similar ordinances but none quite identical.
Because of the fact an order to show cause had been issued which was
returnable this morning we did prepare points in authority and in
opposition to the preliminary injunction. That matter was heard
this morning in the Federal Court and the Court denied the issuance
of the preliminary injunction and took the matter of admission of
the action under submission for the purpose of reviewing the
authorities which were presented.
So as the matter now stands the City is
under no restraint with respect to its solicitors ordinance and we
may continue to enforce it as we have in the past.
Councilman Shearer: Mr. Mayor, I have a few questions. Of
course it sounds like we are making good
headway at relatively little expense,
but in a case like this if we were forced into another court
appearance and so forth is that covered under our retainer fee
with Mr. Wakefield, or would this be like the Merced Horse Ranch,
an extra bill?
• Mr. Wakefield.; Councilman Shearer, the monthly retainer
does not cover litigation. The reason
for that is simply it is impossible to
predict with any certainty how much litigation there will be, if
any, and as a consequence our fee is based upon a regulatory
hourly rate for the time actually.spent in connection with items
of litigation.
Councilman Shearer: I am not finding fault with that, I
thought that was the way it is and I
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CITY COUNCIL
CITY ATTORNEY - Cont'd.
Page Five
2/11/74
think that is the only right way. In a matter like this let's
assume it is pursued, would it require a lengthy effort on
eouncil's part to defend the City - say if we go to the mat on
this over a $5.00 fee in proportion to what it might cost us?
I know there are principles involved but sometimes dollars are
more important than principles.
Mr. Wakefield: Councilman Shearer, as the matter now
stands I think the Federal District Court
if it does anything will simply refuse to
accept jurisdiction of the matter and order the action dismissed on
the theory that there really is no substantial federal question
involved and leave the plaintiffs to their remedy in the State
Courts, if any. The time expended so far is nominal in amount, it
involves simply the preparation of a Motion to Dismiss and points
of authorities in opposition to that Motion. Normally we would
wait until the City Council had instructed us to appear in the action
before we did so, but because the Order to Show Cause had been
issued we felt it would be'obetter to go ahead and make the appearance
rather than to let the matter go by default.
Councilman Shearer: If further action is necessary will it
come back for further discussion to
determine whether we wish to carry the
issue further?
Mr. Wakefield; Yes sir.
Councilman Shearer: Does our ordinance cover solicitation
by news boys in trying to sell sub-
scriptions to newspapers? I am particu-
larly interested because my boy started two weeks ago and I am
wondering if he is a criminal already? Does this ordinance cover
actions of that nature?
Mr. Wakefield:
Yes sir, it does.
Councilman Shearer: 13 years old and he is in violation of the
law!.. Is that really correct - that we
have an ordinance on our books that says
every newsboy in this community - and there are literally hundreds -
in order to go around and try and get a start must have a $5.00
fee and an investigation and a permit? If it does I suggest that
the ordinance be restudied very quickly.
Mr..Wakefield: Mr. Mayor and members of the City Council,
the ordinance in the form in which it now
stands applies to all solicitors, that is
everyone engaged in door to door solicitation. It does not apply
to the regular delivery of newspapers. Those that are delivered
in the residential areas of the City are normally delivered on a
regular subscription basis and the newsboy is free to make delivery
on his route of newspapers, collect if that is part of his job and
do other things in connection with his route.
Mayor Lloyd: Does that include the solicitation with a
new person?
Mr. Wakefield: Yes, it includes solicitation.
Councilman Shearer: In other words he can go knock on the
door and ask the person if they want to
take the newspaper and he would not be
in violation?
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CITY COUNCIL Page Six
CITY ATTORNEY.- Cont'd. 2/il/74
Mr. Wakefield: No, he knocks on�the door of someone who
is not a subscriber to the newspaper and
solicites a subscription then he is
covered by the ordinance.
Councilman Shearer: I think we have several hundred teenage
boys in the community doing just that,
not only the Tribune but the Times, the
Herald and all the other papers, because this is one way to
encourage them to improve their income as well as selling papers,
and I question that this was the intent of the ordinance.
Maybe I never should have brought up the question this may compound
our offense but it is of concern to me, not only personally because
my 13 year old boy is now in violation of the law but so is many
of my neighbors boys.
I would make a motion that this ordinance
have a second look to see if it can be rewritten in such a manner
that it would still accomplish the intent but preclude things such
as the item that I.J ust described.
Councilman Young: I will second that and I have a comment.
I didn't realize that kind of limitation
existed either. I used to sell subscrip-
tions myself, many, many years ago and I think probably the intent
of our ordinance is where the subscription seller comes around in
the name of some charity or in the name of earning a college
scholarship or something that appeals to the buyer's emotions.
In other words he is not buying because he wants to take the
magazine or newspaper but is buying because he wants to help win
that trip to Hawaii or a scholarship or whatever, and I think I
recall seeing articles in the papers in the past that this type
of solicitation is often abused. I don't know how you can
correct it exactly except I don't want our people taken in with
spurious appeals to the emotions. If it is a legitimate charity
or endeavor we are not opposed to it. Certainly the Tribune may
offer a trip to Catalina...
Councilman Shearer: I got him working on a trip to Magic
Mountain.
Councilman Young: Okay a trip to Magic Mountain - the
youngster that gets the most starts in
a given period of time, but to have to
come down to City Hall and pay $5.00 for it doesn't seem like a
proper limitation to place on it. However,when the Williamses
hit town going through selling roofs and driveways we like to be
able to stop that someway. n-'t know=ih6W to change it but I
think it should be changed.
Mr. Wakefield:
I will be glad to take a look at it.
Councilman Nichols: I think it is indeed strange that the
Council might in one voice direct and
authorize the City Attorney to defend
the City in some action at some cost and then in another voice
direct the staff and City Attorney to explore the amending of
the ordinance which the Council by its posture indicates is not an
unlawful ordinance. It seems to me to be an extreme inconsistency
in one breath to seek defense and in another to seek a change;
therefore if it is going to be the decision of the Council, and it
may well be true that it should be, that this ordinance be
reviewed but I don't think it should be the position of the Council
to join the defense of the action of the one in the Court.
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CITY COUNCIL Page Seven
CITY ATTORNEY-_Cont'd. 2/11/74
Last night my nephew by marriage happened
to stop by for dinner, he lives in a town hear the beach and was in
West Covina yesterday doing some acoustical ceiling work as a con-
tractor. He has taken bids for doing the work and folded up his
tent and went home last night and he has no West Covina business
• license. The entire area of the effort to control business
activities of the City by the device of the license fee is probably
one of the most flagrantly violated ordinances on the books of
cities all over the United States. It seems the ability to find
out who they are and where they live is almost the sole criteria
of the capability of the municipality and I suspect somewhere the
evaluation of jurisprudence in legislation in this whole area of
the control of business activities by license or regulation is due
for a look, it is shot through with holes and just inadvertently
one came up tonight.and there could probably be another one hundred
come up tomorrow or the next day under very similar circumstances.
So I would urge upon the.Gouncil that we should not attempt to wear
these kinds of two hats in one evening. Let us withdraw from the
support of the ordinance and then ask our staff to look into it.
Councilman Young: I cannot disagree with Councilman Nichols,
I recognize the inconsistency of the
ordinance_as.it is on the books and
certainly no,criticism is intended and I have none for the partici-
pation of the City.Attorney to this point under the circumstances
he describes but we have.basically two kinds of ordinances, as you
know, and I think the major licensing ordinances are probably revenue
raising licenses. I pay a license to the City and the City certainly
doesn't purport to do anything to control the operation of my
business, it is simply a revenue raising means. I choose to operate
my business in this City and therefore pay a license.
Councilman Nichols: They are actions constitutionally enacted
as a business regulation device and not a
revenue raising device.
Councilman Young: They can be.
Councilman Nichols: The City Attorney I am sure will quite
clearly reinforce the concept if the
licensing aspect of the City is stipulated
as a revenue raising device its-iconstitutionality becomes suspect.
Councilman Young: As a revenue raising device? I think just
the opposite, maybe we should hear from the
City Attorney, but I think when it becomes
a.regulatory device then the constitutionality becomes an issue.
Mr. Wakefield: Mr. Mayor and members of Council, the
State law authorizes a 'city to license
business activities both for the purpose
of regulation and for revenue. There is a very interesting
provision in our Municipal Code that starts out by saying "if any
provision in this chapter (the chapter that relates to business
regulation) is found to be a regulatory measure and that is invalid
then it shll be deemed a revenue producing measure." So as a
matter of fact we have a combination of both revenue and regulation
in our business license ordinance. Councilman Young has pointed
to one which is purely revenue, the licensing of professions of all
kinds. Others such as the regulation of other kinds of business
enterprises may also include certain regulatory provisions. One
of those regulatory kinds of ordinances is the ordinance which
you are considering with reference to.solicitors, because not only
is there a fee attached but we have two kinds of fees, one a fee
that covers the cost of investigation and the other is a license fee
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CITY COUNCIL Page Eight
CITY ATTORNEY - Cont'd. 2/11/74
itself, which is in addition to the investigation fee and it is for
revenue. So we have the combination of the two elements in a
similar type of ordinance.
Councilman Nichols: I am confused and I am less confused
as the City Attorney spoke on this
• matter I began to realize my own state
of confusion, I was actually arguing the wrong side of the issue.
I recall some years ago there was a concern about a certain bar
and restaurant located not far from the Civic Center and the
recommended recourse to the Council at that time was to refuse a
business license to that owner in order to bludgeon them - so to
speak - to comply with the other aspects of our ordinances, and I
think a similar problem came up in Azusa a few years ago and I re-
call now at that time Harry Williams said to us that you couldn't
use the business license device which was a regulatory device to
deny a person the right to operate in the community. So I am
sure back and forth there have been various interpretations over the
years with regard to regulating the tax, so I won't beat it anymore,
but I still hold to the theme I posed that it appears to be rather
inconsistent to advocate defense of an ordinance and at the same
time direct staff to look into the ordinance that the Council feels
the ordinance is not equitable.
Councilman Shearer: That partially is one of the.reasons why I
asked the question of Mr. Wakefield - before
we decided to pursue this further if by
chance it came to litigation if we would have another crack at it so
we coulddecide to go or not go at that time.
Mayor Lloyd: We have a motion on the floor to return
this to Mr. Wakefield for review with
regards to specific areas of interest and
we have a second - are there further
comments? (none)
Motion carried.
RATIFY SHELL OIL Motion by Councilman Shearer, seconded by
COMPANY AMENDMENT TO Councilman Young, to ratify this amendment
AGREEMENT to the agreement and direct the execution
thereof by the Mayor.
Councilman Shearer: Mr. Mayor, a comment. Due to the fact that
we. -really don't have much of an agreement
with Shell.Oil, if.I read.it correctly,
they charge us the regular price on a day to day basis, would it be
advisable to even broaden this to the point of authorizing the
City Manager upon signature of the Mayor to buy from Texaco if
necessary? If we are having to pay pump.Fpr.ice we aren't any better
off than just driving into the station.
Mr. Aiassa:
That poses a very good argument,
Councilman Shearer, the only.thing is
specifically in the past year.in awarding
our prior gasoline contract we did award
it to Shell and we are
possibly entitled to some 80% of our last
• year's quota and that
is why we want to remain with Shell. The
other companies will
take care of their customers first and if any
new customers come in
they will not receive that percentage factor.
Councilman Shearer:
So we wouldn't be able to get it anyway
even if we authorized you to do it.
Mr. Aiassa:
That is right.
•
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CITY COUNCIL _ Page Nine
CITY ATTORNEY - Cont' d' 2/11/74
Mr. Eliot: One further comment, Mr. Mayor and members
of Council, I think there may have been a
misreading of the report regarding the
Shell Oil Company agreement, we do not pay pump prices. Our contract
price can be adjusted upwards but at the present time we are paying
something like 28 to.30� a gallon and not the 50(,, pump price. So
even though there are increases the increases are contract bulk
rates which is considered to be less than the pump price.
Councilman Shearer: I did misread the report then.
Motion carried.
LA PUENTE COOPERATIVE Mr. Wakefield: Mr. .Mayor and members
WATER COMPANY of Council, there is a
staff report with
reference to this item. The La Puente Cooperative Water Company
is in the process of being dissolved and they are prepared to pay
$110. per share on the 29 shares of stock the City,holds. I think
the appropriate action is to authorize the stock to be endorsed
and surrendered at the appropriate share of the distribution of the
assets of the company.
Motion by Councilman Young that the City be authorized to take the
necessary steps to litigation of its 29 shares. Seconded by
Councilman Chappell.
Councilman Shearer: Mr. Mayor, one question. This address
looks familiar. What actually is happen-
ing here in the La Puente Cooperative Water
Company?
Mr. Wakefield: Mr. Mayor and members of Council, I think
it was some 4 or 5 years ago when it was
my understanding the Suburban Water Systems
had purchased a majority interest in La Puente Cooperative Water
Company. I think they have continued to operate it however as a
separate company, although from time to time questions have been
raised about whether or not they were or were not paying their
appropriate franchise taxes to the City, and it was on those
occasions that the situation came to my attention primarily, but I
gathered from the current situation that over the last few years
at least, the Company has been disposing of its assets and husband-
ing its resources in the expectation that the Company would be
dissolved and has apparently reached that point now.
Councilman Shearer:
Mr. Wakefield:
Councilman Shearer:
Mr. Wakefield:
Mr. Aiassa:
The customers, I assume, would continue
to be served by Suburban?
Yes.
How did we come across 29 shares of stock?
Was this a matter of going along with
property we had?
Yes, stock we acquired in property
acquisitions.
investigation on franchise
whether it was a mutual or
and that is why the stock
Councilman Shearer, the big issue came
out that this company was operating as
a mutual company and it was through our
that we filed with the PUC to find out
not and they found it not to be a mutual
sale came about.
Motion carried.
Mom
CITY COUNCIL
CITY MANAGER
ORAL COMMUNICATIONS
CITY MANAGER
AUTHORIZATION TO AUDIT
• SALES TAX RECORDS
(Staff ReportO
RESOLUTION NO. 4842
ADOPTED
MANAGER GEORGE AIASSA
MAKE INQUIRIES OF THE
ON BEHALF OF THE CITY
None.
Mr. Aiassa:
Page Ten
2/11/74
This is to
audit the
the State
Equalization. We have to adopt
tion and send certified copies.
be able to
records of
Board of
a resolu-,
The Mayor presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, REQUESTING THAT CITY
AND/OR OTHERS AS DESIGNATED, BE AUTHORIZED TO
STATE BOARD OF EQUALIZATION AT SACRAMENTO
OF WEST COVINA REGARDING CITY SALES TAX."
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive full reading of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Chappell, to
adopt said Resolution and carried on roll call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
DESIGNATION OF PROXY
TO ATTEND ANNUAL
MEETING OF STOCKHOLDERS
OF THE COVINA IRRIGATING
COMPANY TO BE HELD ON
SATURDAY, FEB. 16, 1974.
(Staff Report)
Councilman Young:
Mr. Aiassa:
would suggest that I
Mr. Mayor, we should
have representation
at this meeting and I
go, or Mr. -Eliot.
Motion by Councilman Shearer that Mr. Aiassa
be designated as the proxy to attend the
annual meeting of the Covina Irrigating
Company and Mr. Eliot be designated as, his
alte:yna.te Lifts thi ssmatter. r..Secondeo by
Mayor Lloyd.
and I am.negotiating right
abstain.
Mayor - it appears that I have a conflict
of interest. I have a client that has
10-3/4 shares and she wants to sell them
now for a good price so I will have to
Motion carried. Councilman Young abstained
from voting.
STATE LEGISLATION BILLS I think Council re -
AFFECTING CITIES Mr. Aiassa: ceived copy of the
League of. California Cities bulletin and
today I was in contact with the representa-
tive of the League and it appears there are.many bills that are
going to be of concern to the City of West Covina. The first one
is Item SB-90, a reimbursement. This is where they are putting a
ceiling on the property tax with no reimbursements to the City for
• the reduction of..future revenue. The League is taking the stand
that if there..were to be a reduction we should proceed as they did
with the prior bill where the diff&renees7:ewereppiidbbytthe State.
This is one bill it was suggested that we do take a firm stand on
because it may-affect,us for.many years in the future.
Mayor Lloyd: Mr. Aiassa, do you intend to do a
briefing, preferably in writing, since
10 -
CITY COUNCIL
CITY MANAGER.- Cont Id.
Page Eleven
2/11/74
you are strongly.recommending this - and how soon must we take
action?
Mr. Aiassa:
-I would suggest
that we take
action within
this week.
•
Mayor Lloyd:
Mr. Aiassa, you
haven't even
briefed us
on it yet. I
really think
we need more
information, I
am willing to
take your
word for it,
I am not questioning that, but
I would like
to have
some further
information. Is there some
reason why we
have to take
action before
the next Council meeting?
Mr. Aiassa: The only reason I am bringing this up
tonight is that some will be going for
their final reading either before the
Senate or the Assembly and some are now before the critical
committee where we can make a great influence by writing to them
and suggesting what problems these various bills will do to us
financially.
Mayor Lloyd: Well the rest of the Council may be pre-
pared to vote on it, I am not.
Councilman Shearer: Mr. Mayor, I am prepared to vote on -those
items that were submitted to us under
Item I-3 of the agenda, however the item
Mr. Aiassa is now talking about is not one of those items and not
on my report or the agenda. We took a position sometime ago and I
think it is a right one, that when these things come up at the last
minute without time to even look at the digest of the legislation
that we were to take action on. I am prepared to introduce a
motion on three of the eleven items we have submitted to us, but
the item on SB 90 is not in my report. I have a report dated
January 18 which has Item I-3 on it and listing eleven items.
Councilman Chappell: The third one is SB 90.
Councilman Shearer: You must have another report than I have.
Mr. Aiassa: It was supposed to be a new bulletin given
to you in your mailing.
Councilman Shearer: I don't have that one.
.Mayor Lloyd: I am sorry, it does say something about
it, but it is not a briefing of the bill,
it just says SB 90 - Reimbursement.
Mr. Aiassa, do you mind if I suggest something? Let's do this, if
the rest of the Council is amenable to this, would it be possible
for you to do what you have done in the past and that is call the
Council and brief them and at that point I will be glad to sit with
you and poll the Council if necessary and go forward from there.
But I don't feel I have enough information to vote on it.
• Mr. Aiassa: I didn't want a specific vote, I was
trying to alert Council that we were
coming to a critical time.
Mayor Lloyd: I must have misunderstood you, I thought
you wanted something done this week.
Mr. Aiassa: What I was trying to do was bring to your
attention that there are four or five items
- 11 -
CITY COUNCIL
CITY MANAGER - Cont'd.
Page Twelve
2/11/74
out of the total that will require City Council action and we have
to take it .iV.rather. fast sequence, the only reason I was pointing
these out is these are -now moving.
• Mayor Lloyd: A question again. They are in committee
or moving through the legislative process,
but is there a reason why we must act on
these within the next two .weeks? Is some bill going to be reported
out of committee that you know of that we musttake action on?
Mr. Aiassa: Yes.
Mayor Lloyd: What can I do tonight without being briefed
on it? Certainly what is here is not
bad but it does not cover entirely.
Mr. Aiassa: Item I-3 is one of the high issues.
Item Number 5 on the February 1 report -
Councilman Shearer: You didn't send me a report dated
.February .1.
Councilman Chappell: February 1 has the SB 90 on it, which
I understood was the important one.
Councilman Nichols: Mr. Mayor, a point of procedure. All I
have available to me here is the League
of California Cities legislative bulletin,
which listed eleven pieces of legislation, dated January 18 and I
have nothing else. I have nothing about SB 90 or any other material.
Councilman Shearer: You and I are the same.
Mr. Aiassa: Well we have a wheel breakdown.
Mayor Lloyd:
Is my
suggestion
valid,
Mr. Aiassa?
Mr. Aiassa:
Yes, I
think it
would be
satisfactory.
Motion by Councilman Nichols that the City Manager poll the Council
on any items that are critical within the next two weeks for an
indication on what response staff should make and as to those items
not critical within the next two weeks the motion would include the
directive that those items be brought back to us on our next agenda
with supporting information and recommendations. Seconded by
Councilman Young and carried.
AUTHORIZATION TO Mr. Aiassa: This is a request of
NEGOTIATE FOR SURPLUS Council for authoriza-
STATE PROPERTY EAST OF tion to acquire a piece
GRAND AVENUE FOR WEST of surplus property east of Grand Avenue....
COVINA WELCOME SIGNS
Motion by Councilman Nichols that permission be granted to
Mr. Aiassa to negotiate with the California Department of Transporta-
tion for acquisition of a small parcel of excess freeway property
easterly of Grand Avenue on the north side of the freeway. Seconded
by Councilman Young.
Councilman Shearer: Mr. Mayor - here we plant the seed that
sometimes may grow into a monster. What
are we talking about - we say we are going
to get the land for nothing and you say never look a gift horse in
the mouth, but I am sure the sign, the maintenance and the landscap-
ing, as pointed out in the report and there is no attempt to hide that
fact, won't be a free gift. - 12
•
CITY COUNCIL
CITY MANAGER - Cont 'd.
Page Thirteen
2/1.1/ 74
And then it comes.before future Councils and they say well we have
the land now.maybe we better put a sign on it, and signs don't
come cheap. I would like to hear some comments. I am not against
a "Welcome to West Covina" sign, and getting something free, but a
lot of free things turn later into a big cost, certainly if we want
to light it there will be a cost.
Councilman Nichols: I certainly do understand Councilman
Shearer's concern and my motion is made in
the spirit that the only authorization
tonight is to negotiate for free title or a no cost title to the land,
with the expectation that any recommendations for adornments will
come back to Council and Council will at that time have to make a
determination as to whether they want to authorize further expendi-
tures to advertise the City.
Mr. Aiassa: Councilman Shearer, this item has been
on the Council's agenda for the last six
years and these sites had been selected
in the approximate locations and drawings and redrawings have
been made and we feel the only opportunity available now is that this
is in the proximity of the eastern side of the City that was located
for a sign and we feel this is an opportunity for getting it at the
lowest price possible, but as far as the installation and construction
of signs that will follow a sequence that Council has to approve.
Councilman Shearer:
Council. We go out and
for free and then later
we are stuck with a long
how do we get rid of it
problem.
"no".
You say this has all been handled before
but I don't recall it in the last four
years, maybe it happened before I came on
negotiate with the State and get the land
we decide we can't put up a sign there and
strip of property - 239' long and 30' wide -
and then it becomes a weed abatement
Motion carried. Councilman Shearer voted
Councilman Shearer: Mr. Mayor, I am opposing negotiating before
we know the total cost of the package.
Mayor Lloyd: Mr. Aiassa, in view of the questions raised
I suggest that either a reiteration of that
information which you referred to and which
I don't remember either, be forwarded to the Council, or again some
type of briefing be given, giving the type of sign that can be used,
etc. I think it is a valid question. We would like that information
returned to us.
CITY CLERK
REQUEST FOR MAIL Albin F. Szulc & Michael Johnson, dba
ORDER BUSINESS 7 Crown's, Ent., 1336 E. Maplegrove
Avenue, West Covina. (Approve subject to
staff investigation)
Motion by Councilman Nichols to approve as recommended. Seconded by
Councilman Shearer and carried.
MAYOR'S REPORTS Mayor Lloyd: If there are no
objections I will
proclaim "National Engineer's Week" February 17/23, 1974. (No
objections, so proclaimed.
- 13 -
CITY COUNCIL
Mayor's Reports - Cont'd.
SANCTION OF ATTENDANCE
OF MAYOR TO THE UNITED
STATES CONFERENCE OF
MAYORS/NATIONAL LEAGUE
OF CITIES CONFERENCE IN
WASHINGTON, D.C., ON
MARCH 3, - 5, 1974.
Page Fourteen
2/11/ 74
Mayor Lloyd: I expect to pay for
that myself and I
have asked Mr. Aiassa's
staff to make the necessary reservations.
All I want is to ask you for the right to
go.
So moved by Councilman Young, seconded by
Councilman Nichols.
Councilman Young: Mr. .Mayor, I am delighted with that
explanation because this City has not
gone in for attendance at a lot of these
things and I am delighted that you are going at your own expense
and you certainly have my sanction.
Motion carried.
COUNCILMEN'S REPORTS/
COMMENTS
Councilman Shearer: Mr. Mayor, one item. Mr. Aiassa, did you
want Council to take action on this pro-
posed answer to the request by Mr. Gilstrap
for our comments on the RTD Proposal that was in our packet?
Mr. Aiassa: Yes. We have a letter that we must
acknowledge to the RTD, attention of
Jack R. Gilstrap.. It is a program for the
future layout and design of Rapid Transit through our area and other
areas going east of the main corridor. We have held off answering
the letter for apprime reason, they were doing an economic study and
review with.the possibility.of creating a Transportation Center.
Also, in.this.report one of the dates mentioned for a meeting was
here at.City Hall which was attended by our staff. I also talked
personally to Mr. Gilstrap today and there was a considerable amount
of money to be spent in the East San Gabriel Valley, and we also
noted that with the presentation of Mr. Peter Great to the Chamber of
Commerce, that one of the adjacent cities has.made a definite move
to remove the Master pattern we established many years ago, using
Route 10 which is the San Bernardino Freeway, as the logical east/
west service route for a Rapid Transit System, which would take them
directly into Ontario and San Bernardino. We rough drafted the
letter today and we put in this one paragraph because we are of the
opinion the only logical east/west service through this area is via
the San Bernardino Freeway, Federal Route 10. This has served and
will continue to serve the communities satisfactorily. The staff
provided the inner circulation system from the north/south of our
area.
Mayor Lloyd: As I understand it there is a new plan
with regards to the RTD whereby they will
be getting some forty million dollars -
is that correct?
Mr. Aiassa: I think you are pretty close.
Mayor Lloyd: And as I understand it further there will
be another twelve or fifteen million that
is going to go into the San Fernando Valley?
Mr. Aiassa: Yes, I believe so.
Mayor Lloyd: And a balance of six or twelve million after
another twelve or fifteen million into
L.A. In other words on a percentage factor
- 14 -
CITY COUNCIL Page Fifteen
Councilmen's Reports/Comments 2/11/74
we are going to get maybe 15/ of the overall monies being appro-
priated. Is that correct?
Mr. Aiassa:
Yes.
Mayor Lloyd:
In other words we are then talking about
•
the possibility of responding and saying
either we are not satisfied with the make
up
of the monies involved or
that we are satisfied. Is that correct?
And is there a reason why
we do not forward our comments to
Mrs. Gregory?
Mr. Aiassa:
The letters were directed to each indivi-
dual city and they did not ask us to go
through our representatives on the RTD.
Mayor Lloyd:
Well wether they ask or not, wouldn't it
be
only in good taste to send her a copy of'our
letter?
Mr. Aiassa:
We will send her a copy but Mr. Mayor you
must realize that Mrs. Gregory represents
a large area which encompasses more than
one
City and we are now fighting our own individual areas and our own
individual cities, but we
will forward her a copy.
Mayor Lloyd:
There wasn't a copy indicated here or am
I
in error on that?
Mr. Aiassa*'
No, I didn't put it down because this is
a
preliminary draft.
Mayor Lloyd: I would suggest that on all correspondence
of this type that copies go to her, she was
elected by this body to represent us along
with other cities, so I would like to include her for no other reason
so she will know the facts, and I don't know that Mr. Gilstrap will
send her a copy. The facts and figures that I was citing you were
pure heresay and while there is no doubt in my mind that my source of
information was fairly accurate I think maybe we would be well -
since you are sending this letter and brought it up would you send
some sort of information as to what is going.on?
Mr. Aiassa: We will send her a copy of the letter
Mr. Gilstrap sent also. It has all the
details.
Mayor Lloyd: Good.
Councilman Shearer: I have a comment since this is the first
time we had an opportunity to review this
letter and normally I don't get this nit-
picking, but in the proposed paragraph, the one added there to your
letter, there is a word there that is kind of a "red flag" - where
it says "the only logical east/west service is such and such."
That is like saying "as any fool can plainly see......" I would
suggest that the word be changed to the "most logical...." rather
than the "only logical" because that is super -imposing your
opinion on someone else's logic.
Councilman Nichols: 'What about "in our view"?
Councilman Shearer: I don't want to rewrite the whole letter.
- 15 -
CITY COUNCIL
Page Sixteen
2/11/74
DEMANDS Motion by Councilman Shearer that Council
approve demands totalling $573,589.32 as
listed on Demand Sheets C943 through 947, C887A, B611A through
612A and TJ 0013. Seconded by Councilman Young and carried on roll
call vote as follows:
AYES: Young, Nichols, Shearer, Chappell, Lloyd
NOES: None
ABSENT: None
ADJOURNMENT
ATTEST:
CITY CLERK
U
Motion by Councilman Shearer, seconded by
Councilman Chappell and carried, to
adjourn meeting at 8:38 P.M.
APPROVED:
MAYOR