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11-30-1964 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 30, 1964 The adjourned regular meeting of the City Council was called to order by Mayor Snyder at 7:45 P.M. in the West Covina City Hall. Rf1T.T. r AT.T. Present: Mayor Snyder, Councilmen Jett, Krieger, Nichols, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk and Admin. Assistant Mr. John Q. Adams, Public Services Director Mr. Harold Joseph, Planning Director (from 8:15 P.M.) CITY MANAGER REPORTS STANFORD RESEARCH INSTITUTE REPORT City Manager, Mr. Aiassa: Mayor Snyder: City Manager, Mr. Aiassa: I would like to have the Council re- view this report and invite their representative to discuss this with you. Let's read it and decide at the next meeting if we need the representative. All right. We will bring it up again on the 14th. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to receive the Stanford Research Institute Report and place it on file; that this matter is to be put on the agenda of the meeting of December 14, 1964. RESOLUTION NO. 3045 ADOPTED Mayor Snyder: The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 10 OF RESOLUTION NO. 1277 WHICH SAID RESOLUTION RELATES TO PERSONNEL RULES AND COMPENSATION" Hearing no objections, we will waive further reading of the body of the resolution. Councilman Krieger: The way this resolution is drafted it is almost in the double negative •and you have to figure out who is included. If this first sentence, D-1, were to read, "Persons employed in a clerical, administrative or fiscal capacity with a salary range of 21 or above", this would mean those per- sons who would not receive overtime, is that true? City Manager, Mr. Aiassa: Yes. -1- C, C, 11/30/64 RESOLUTION NO, 3045 - Continued Page Two Councilman Krieger: We are trying to find those employees . included and each pertinent clause begins with the word "No" and it is the strangest way of inclusion I have ever seen, If we take out the word "No" in Sections 1, 29 3 and 6 we might get what this is intended to say, Mayor Snyder: Section D-1 would read, "Persons employed in a clerical, administrative or fiscal capacity with a salary range of 21 or above, exclusive of employees in the Recreation section or in the Park section, . ," It is understood by this Council that the designated corrections are to be made, Motion by Councilman Heath, seconded by Councilman Krieger, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3045, ORDINANCE INTRODUCTION The City Manager presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY THE ADDITION THERETO OF THE NEW SECTION 4110,1 AND AMENDING CERTAIN OTHER SECTIONS RELATING TO CABARETS AND CAFES" Councilman Heath: Under "Permit Required", "No persons shall conduct or operate any cabaret dance or operate any place having cafe entertainment . , , until he has received a permit from the Chief of Police authorizing the conduct or operation of such dance or place of cafe entertainment," I feel this is fine except that there should be some provisions for appeal beyond the Chief of Police in case a person feels he has not been given a fair hearing. I would like to suggest we add to that that there can be an appeal made to the City Council in any case where the Chief of Police denies the permit, Mayor Snyder: Is revocation subject to hearing? Councilman Nichols: Yes. Mayor Snyder: I think provisions should be made for appeal, City Manager, Mr,, Aiassa: We can leave Section 4111 as is, There • is the right to appeal in that section, We can insert, "Subject to right of appeal to the City Council", Councilman Nichols: I would go along with that, Mayor Snyder: Do they have to pay any fee for such an appeal? -2- • E • C, C, 11/30/64 ORDINANCE INTRODUCTION (CABARETS) Continued Page Three Councilman Heath- I don't think so, I don't even feel it is necessary for a public hearing, Councilman Krieger- This language is to be inserted after the word "entertainment"? City Manager, Mr, Aiassa: Yes,, Councilman Krieger: On the report originally filed as a memorandum opinion by the City Attorney under "Inclusions" on Page 10, Paragraph 339 Mr,-Terzian stated the City may amend its ordinance with respect to the granting of cabaret dance permits so that disorderly and immoral conduct on the premises where such dances are conducted could be grounds for revocation of the same, In drafting the ordinance it is not incorporated,, City Manager, Mr, Aiassa: Mr,, Terzian did read this proposed ordinance and felt this is adequate, Councilman Krieger: I understood from.the crux of his original opinion that the limitations imposed were by lack of the words "disorderly and immoral conduct", City Manager, Mr, Aiassa: He reviewed this specific ordinance amendment to be sure it met the requirements we had discussed and he said it did even though Mr. Newell prepared the ordinance, Mayor Snyder: It is by any person "aggrieved". Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that said ordinance be introduced, TAXICAB ORDINANCE City Manager, Mr, Aiassa: I would like to ask the Council if they concur with these recommendations, The Chief of Police concurs, You have authorized the City Attorney to bring forth a recommended change but we didn't recommend him to put it in an ordinance amendment form® There are changes to Section 6329.1. 6329,2, and 6329.3. Motion by Councilman Heath, seconded by Councilman Krieger, and carried, that the City Attorney be directed to prepare the necessary ordinance amendments as per his letter of November 18, 1964 for the Council meeting on December 14, 1964, WEED ABATEMENT ORDINANCE City Manager, Mr, Aiassa: This is pertaining to our weed abatement, The staff is recommending a proposed change, The purpose of this is we have so many problems of trying to weed abate to go through all these procedures and we are recommending _3® Co C. 11/30/64 WEED ABATEMENT ORDINANCE - Continued: Page Four proposals that could relieve and help the staff in policing some of these unsightly areas, particularly the one on Citrus and a few on Barrancao By this modified ordinance this will give us the tools we need. I can hold this off to the 14th and insert copies of this for the Council. Councilman Jett: Are there provisions by which they can control the dust, especially in the commercial areas? City Manager, Mr, Aiassa: I believe that this.could be in- cluded and we will review it. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the matter of the Weed Abatement Ordinance be held over to the meeting of December 14, 196C TELEPHONE RATE INCREASE City Manager, Mr, Aiassa: cation or an informal application. We have not been formally advised whether they made a formal appli- (Read report re this matter.) Mayor Snyder: Mr, Aiassa and I met with Bob Schaeffer and Fred Lockert on two occasions and the Chamber, and I indicated to him that my feelings were as one Councilmanathat we wouldn't oppose this if they would extend this calling area to include all of West Covina or move the border further west but that we couldn't support them on it if they are going to split us right down the middle. Councilman Heath: This is the proposal they submitted to the P.U.C. hearing about March of this year and said they would propose a split like this and I told them it would be foolish because we couldn't live with it, Mayor Snyder: They say not only is the Pickering Tract a problem as far as phone calls to this area but they have had requests from several places along the border. Councilman Heath: They have the identical problem all the way through Glendora, Covina, Claremont, et cetera, which leads us to believe that the only thing they could do was take E1 Monte from Pomona in one district. They are having comments and complaints through the Glendora and Covina areas and this was brought out in the P.U.C. meeting. I think the only way they can resolve this is to do it in one entire swoop and make a district exten- ding from El Monte to Pomona and put them all in one district. Mayor Snyder: This involves a thirty-five cent a month increase. • City Manager, Mr, Aiassa: The full purpose of going,into this was to relieve those people in the Pickering Tract. Now,they can't call the City Hall without a toll charge unless we put in an elaborate line system.at the City Hall to accomodate this facility, plus a rate increase all over the City. -4- C, C, 11/30/64 TELEPHONE RATE INCREASE - Continued Page Five Councilman Jett: I would be in favor of opposing this • strenuously, One of the biggest insurance companies in the United States wanted to come into West Covina, The Union Oil Company was negotiating with them for a two- story office on Center Street, They could not get any relief or cooperation from the General Telephone Company and as a result they refused to come into West Covina, • • (Mr, Joseph entered the chambers at 8.15 P,M,) Mayor Snyder: Should we have the City Attorney -- City Manager, Mr, Aiassa: I think the Council should direct the City Attorney to draft a proper resolu- tion of opposition and also the Council should direct the Mayor to notify the Chamber of Commerce and request them to do the same thing, Councilman Heath: Councilman Jett: Councilman Heath., to the other cities so he can prepare an to the City, Mayor Snyder: I think we should instruct our City Attorney to appear at this hearing and oppose the proposed change,' I am in favor of that, Let's write a letter to the other cities or pass a resolution and send a copy and alert our City Attorney far enough in advance argument, This is something that is important I agree, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City Attorney be instructed to prepare a resolution in protest to the proposed plan that has been submitted to us from the General Telephone Company for presentation at our next meeting, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City Attorney be instructed to become acquainted with the problems of our telephone service within the City and prepare to represent the City in opposition at a Public Utility hearing should this proposition come before the Public Utility Commission, Motion by Councilman Heath, seconded by Councilman Jett, and carried, to add to the previous motion that the City Attorney can solicit the help of other cities in the same position as we are so we can make. this a joint effort, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that a copy of this resolution after adoption be forwarded to all other cities in the East San Gabriel Valley with a letter of trans- mittal from our Mayor, Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Mayor be authorized to write a letter to the Chamber of Commerce of the City of West Covina asking their help and support in opposing the plan presented by the General Telephone Company, -5- C, C, 11/30/64 TELEPHONE RATE INCREASE - Continued Page Six Councilman Heath: I think instead of just plain opposition we should have a recommendation to • accompany this opposition and I would like -to make this blanket motion, • • Motion by Councilman Heath$ seconded by Councilman Jett, that the instructions to the City Attorney include a recommendation that the entire East San Gabriel Valley$ including Pomona, be considered one district whereby phone calls can be made from one end of this district to the other without a toll charge, Councilman Krieger: I'm not sure the East San Gabriel Valley denotes any specific geographical area, Mayor Snyder: I think they would have a good argument not to include El Monte, You would still be able to call El Monte without a toll charge but there will be a toll charge between E1 Monte and Pomona, Councilman Krieger: Councilman Heath: you cannot from the Pickering this plan you have here it is should have the same benefits Are we talking about all cities east of E1 Monte? I would sajso and this is my intent, We can call El Monte now from here but Tract -® it is a toll charge$ and under no better, I think the Pickering Tract we have from this area here, City Manager, Mr, Aiassa: We can leave it within these cities being affected by this proposed change, Councilman Heath: I would like to have it the East San Gabriel Valley as we know it which does not include E1 Monte and since they are in a different telephone company that we go to the boundaries of El Monte, Councilman Nichols: My feeling would be in somewhat disagree- ment with Councilman Heath, I feel the only posture we can rightfully take is a philosophical one, protesting the concept of dividing the economic basis of communities in the drawing of their lines and this is a concept that is applicable to West Covina and any other community that might so be affected. I think when you go to the point of making definitive suggestions as to where lines should be drawn specifically you are getting into the telephone company's business which is not our business specifically as to the areas of lines, With respect to the statement that we should offer an alternative, I think when you state a basis of objection you are, by direction, pointing to the alternative, If you say you oppose the creation of lines or boundaries on a basis that would involve economic disruption then obviously your countersuggestion would be lines that do not cause this, I would feel this Council should only take the position to object on a basis of the philosophy of interruption of economic boundaries and not go into definitive line drawing as suggestions, Councilman Krieger: I am sure the telephone company will argue that their proposal is based on economic boundaries but it is their economic boundaries rather than ours so it is a question of definition of terms. I would be in favor of talking language everybody understands in terms of areas, C, C, 11/30/64 Page Seven TELEPHONE RATE INCREASE - Continued City Manager, Mr, Aiassa: The only action we can take is against . this proposal to the P.U.C. We can intercede suggestions but I think the main thing the P.U.C. will listen to is our counter -proposal, Mayor Snyder: Your motion is all right but I think you shouldn't limit the City Attorney as to boundary, Let him study it and come up with something, Councilman Heath: I think it should be defined as East San Gabriel Valley as we know it and leave it that way, Action on Councilman Heath's motion: Motion Carried, (Councilman Nichols voted "No",) STORM DIAIN CONSTRUCTION FUNDS ALLOCATED AND. .CONTRACTS--'FORJ`1964 BOND ISSUE'- City Manager, Mr, Aiassa: I would like to continue this matter to the 14th, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that Storm Drain Construction Funds Allocated be continued to the meeting of December 14, 1964, DEPARTMENT HEAD CHRISTMAS DINNER City Manager, Mr, Aiassa: Every year for the past four years I had the Council authorize a luncheon for department heads for Christmas, I.pay the expenses other than.food. If there are no objections, I would like the Council to authorize this again. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City Manager be authorized to have a luncheon for the Depart- ment heads for Christmas, BID OPENING DATE City Manager, Mr, Aiassa: (Read report re this matter,) We would like to change the date from the 24th to the 23rd and amend the bids to show this change, Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to change the date for opening the bids from December 24, 1964 to • December 23, 1964, ARCADIA REQUEST City Manager, Mr, Aiassa: We have a communication from the City of Arcadia adopting a resolution suggesting the merging of the Independent Cities Association and the California Contract Cities Association, that these become part of the League of California Cities, .;..7- C, C, 11/30/64 ARCADIA REQUEST s Continued Page Eight Councilman Heath: You will have the League doing certain operations on certain theories, Then you have two other organizations which are set up for entirely different purposes, Mayor Snyder: Can we find out from the League office whether they have any comment on this and we will hold it over to the next meeting? City Manager, Mr, Aiassa: All right, RESOLUTION NO, 3046 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF WEST COVINA TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS EASTERLY ANNEXATION DTSTRTCT NO, 187 AND GIVING NOTICE OF THE PROPOSED ANNEXATION" City Clerk, Mr, Flotten: We received notification from the Los Angeles Formation Commission that Annexations 187 and 188 have been approved, The Council can save the proponents about two weeks' time if we introduce the resolution tonight setting the time of hearing and introducing the procedures, Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Krieger, seconded by Councilman Jett, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3046, RESOLUTION NO, 3047 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN UNINHABITED TERRITORY ADJACENT AND CONTIGUOUS TO THE PRESENT CITY LIMITS OF THE CITY OF WEST COVINA" (Southerly Annexation District • No, 188) Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, 0 z • • C, C, 11/30/64 RESOLUTION NO, 3047 - Continued Page Nine Motion by Councilman Krieger, seconded by Councilman Heath, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 30470 RESOLUTION N0, 3048 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA SUPPORTING THE GREATER LOS ANGELES CHAPTER OF THE NATIONAL SAFETY COUNCIL IN URGING ALL ORGANIZATIONS TO ABSTAIN FROM THE USE OF INTOXICANTS WHICH CONTRIBUTE SUBSTANTIALLY TO HOLIDAY TRAFFIC ACCIDENTS" Mayor Snyder: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, and carriedo that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Jett, Krieger, Nichols, Heath, Mayor Snyder Noes: None Absent: None Said resolution was given No, 3048, CAPITAL IMPROVEMENT PROJECTS City Manager, Mr, Aiassa; I would like you to read this Capital Improvements Projects and we can bring it up again on the 14th and see if you want another work study, Mayor Snyder: All right, MEETINGS WITH MR, YOUNT Councilman Heath: The Council appointed Mr, Krieger and myself to act as representatives to - talk with Mr, Yount on his desires on the development of the 100 acres on the east end of the City, Mr, Krieger and I had one meeting with Mr. Yount and since that time I understand there have been at least two or three meetings where I have not been invited, I don't know who is calling the meetings and I would like to know and I think the Council would like to know who is calling these meetings and how come I am not being invited, Councilman Krieger: There have been two meetings that I have attended since the breakfast meeting at Coffee Dan's, The first meeting I attended at the invitation of the City Attorney which was held in Mr, Joseph's office and was no more me C, C, 11/30/64 MEETINGS WITH MR, YOUNT - Continued informative than the meeting you and • second meeting I attended was in the that the information came to me from me Mr,,Yount was going to come down proposal and asked me if I would be are the only two meetings I know of. 1�1 • Page Ten I attended at Coffee Dan's, The City Manager's office which was the Planning Department who told and discuss the theater group interested in attending and those Councilman Heath: I know Mr, Yount is working with some members of the City somewhere concerning the development of that 100 acres in which there is a consideration for the theater -in -the -round and no tremendous change of zoning in the 100 acres but the Council action was that Mr, Krieger and I.would be appointed to talk with Mr. Yount on the 100 acres and anything relating to that and I was wondering who was calling these meetings and why I am not being invited, Mayor Snyder: I think Mr. Yount suggested there might be a solution to the lawsuit were we to meet with them. I think you met with him for that purpose and these further developments have nothing to do with the settlement of the lawsuit. I don't think there was any purposeful intent to exclude you from those meetings. The motion did not include permanent dealings with Mr, Yount and I think the interpretation of the motion was your first meeting ended the purposes of that motion. I think ..subsequent meetings with Mr, Yount were initiated by him, City Manager, Mr, Aiassa: On my part nobody was excluded from this meeting, It was not called by my office or the staff; it was called by Mr. Yount and the proponents of the Valley Music organization wanting to talk to the staff, Mr, Yount thought there would be a better plan if there was a switch of property between the proposed school site and another site, Councilman Krieger: With respect to the second, meeting, the discussion was basically revolving around the theater -in -the -round and when it got into the zoning we got the discussion away from that, MEL BERKMAN'S PETITION Mayor Snyder: We have a petition from Mr, Berkman, Mr, Mel Berkman: Apparently this party is starting to build a house in our backyard and we didn't know about it. We weren't advised of this subdivision and we are all up in arms, It is a flag lot which is the worse kind of a flag lot and they are bringing in dirt and putting the house on top of all of us, (Drew sketch on board and explained same,) The law provides that you must advise the contiguous property owners by mail of this, Councilman Jett: If they didn't receive their notices, we should check up on this, Mr, Mel Berkman: The man maintains he signed an affidavit that he notified us by mail but we claim we didn't receive any notice, 'We would like the Building Department and the City Engineer and the Planning Department to investigate the -10- C. C. 11/30/64 Page Eleven MEL BERKMAN'S PETITION - Continued grading that is going on there. The legality of'the subdivision is no doubt in our minds. If he is required to give us notice by mail and we didn't get it then he hasn't got a legal subdivision. Mayor Snyder: Can we have a report on this? Motion by Councilman Heath, seconded by Councilman Krieger, and -carried, to accept the letter and petition presented by Mr. Mel Berkman and direct the staff to review the entire proceedings on this subdivision to see what, if anything, has gone wrong. GARBAGE DISPOSAL MATTER Mayor Snyder: We want to take'up Mr. Thors en's problem tonight. I think we should take this up in a personnel session in the Council Office. Councilman Heath: I have no objection but I think this is against the Brown Act to hold an executive meeting on something like this. City Manager, Mr. Aiassa: Mayor Snyder: We have not done this before. At this time we will retire to an executive meeting to discuss this matter. (The Council so retired.) Mayor Snyder: Regarding the report on the rubbish and garbage disposal contract and the request for a rate increase, the Council feels that we don't have enough figures or financial information yet to make a decision, Mr. Thorsen, and the City Manager will have that ready for us in the near future so we will be able to decide this. We don't have enough analysis of your operating and loss by.our staff to come to a reasonable decision tonight. Mr. Thorsen: City Manager, Mr. Aiassa: COUNTY ZONE CASE NO. 4806-1 (Berge) I have no argument with that. The Council has this matter on their agenda of the 21st. City Manager, Mr. Aiassa: We have a notice from the Regional Planning Commission. It appears that Zone Case No. 4806-1 as petitioned by Berge is being processed with the Board of Supervisors. I think the date scheduled is for December 3. This is informational only. There being no further business, motion by Councilman Heath, seconded by Councilman Jett, and carried, that this meeting be adjourned at 9:30 P.M. ATTEST: APPROVED e 1 %bpi C ITY CLERK MAYOR