Loading...
03-14-1966 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MARCH 14, 1966 The regular meeting of the City Council was called to ord er by Mayor Nichols at 7:30 P.M. in the West Covina City Hall. Councilman Jett led the Pledge of Allegiance. The invocation was given by Mr. Robert Flotten, City Clerk. ROLL CALL Present: Mayor Nichols, Councilmen Jett, Snyder (from 7:45 P.M.), Krieger, Heath Others Present: Mr. George Aiassa, City Manager Mr. Robert Flotten; City Clerk & Admin. Assistant Mr. Harry C. Williams, City Attorney (from 7:40 P.M.) Mr. Herman R. Fast, Public Services Director Mr. Harold Joseph, Planning Director APPROVAL OF MINUTES February 14, 1966 - Approved as corrected as follows: Councilman Krieger: I would like to offer two correc- tions. The first is on Page 13, the vote on Resolution No. 3326. The Minutes reflect that my vote on that is "Yes". They should reflect my "No" vote. On Page 18 on the Personnel Board - recommendations retirement study, there is a fairly long paragraph at- tributed to Councilman Heath beginning with the words, "Originally this matter was sent up to us by the Personnel Board. . .". That statement was made by me and the records should reflect it. Councilman Jett: I have a correction of these Min- utes on Page 10 at the top of the page where it says, Councilman Jett: At our committee meeting it was - definite that we were to set no fee for this unless it becomes a prob- lem." The way it reads now is "that it would be a problem." I want that changed. Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to approve the Minutes of February 14, 1966 as submitted and recorded with the amendments as offered. February 21, 1966 - Approved as submitted as follows: February 28, 1966 - Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the Minutes of February 21, 1966 and February 28, 1966 be approved as submitted and recorded. -1- C. C. 3/14/66 Page Two 'TREENAMING CONTEST Mayor Nidhols: We have representatives here tonight of the tree contest committee and we have a•report to be presented by a representative of that committee, Mrs. Frank Plesko, who is a member of the City Recreation and Parks Commissiono Mrs, Frank Plesk o: In November of 1965 an official tree contest committee was formed. This contest was open to the West Covina public and received wide publicity and contest forms were made available to everyone. On behalf of this committee and the -Recreation and Parks" Commission we recommend to the City Council that the Fittosporum Rhombifolium be adopted as the official City tree, (Mr. Williami entered tie chambers'at 7:40 P.M.) Mayor Nichols: We express our appreciation to the committee and those members who participated in this activity in our community, RESOLUTION NO. 3332 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL City Tree OF THE CITY OF WEST COVINA NAMING THE OFFICIAL�CITY TREE" (Pittosporum R,hombi,folium or diatond leaf pittospprum) City Clerk, MV._Flmtten: (Read resolution"in full. Motion by Councilman Heath, seconded by Councilman Jett, that said resolution be' adopted. Metion passed on roll call as follows:' Ayes: Councilmen. Jett,. Snyder,.Heath,.Krieger,'Mayor Nichols Noes: None Absent: None. Said resolution was give" No. 3a32. Mrs. Frank Ple--sko: Qead official winning entry.) Mr. Brajparz, on behalf of the op..ficial tree committee, we are Vi eased to present you with this $5n.00 cash award. Mr, Braman: Thank you very mucho I am sure this tree will meet all the requirements; • (Councilman Snyder entered the.chambers at 7:45 P.M.) Mr, Chris austi: Because the tree is so large, we couldn't get it in here this evening, We would like to -make this presentation of the firs.t City ree to the Council and to the people of. -West Covina. We have the first.tree.in the court and"dope it will be planted here at the City Hall and we offer it for the beautification of our City. -2- C, Co 3/14/66 Page Three 'TREE NAMINGCONTEST - Continued Mayor Nichols: West Covina Beautiful has been recently re -activated and re- activated with a great deal of energy and effectiveness. Many activities have already been undertaken to help beautify West Covina and this is another example of that type -of spirit and activity, Councilman Jett: Realizing this tree could be here for many many years, I would like to see the Park and Recreation Department consider in the planting of this tree that it be in an area where the new City Hall or police facilities would in no way intetfere with it; 'CITY CLERK'S REPORTS PRECISE PLAN NO, 348 ACCEPT PARTIAL STREET Alscot Development APPROVED LOCATION: West side of Glendora IMPROVEMENTS south of Cameron, Co, Review Engineer's report, Accept street improvements fronting on Glendora Avenue and authorize release of Bond No, 485473 in the amount of $59550 in lieu of new bond (General Insurance Company of America No, 521074) in the amount of.$l,200 for future improvement of puff .Avenue, StAff recommends adoption and release of bond in lieu of new bond, Motion by Councilman,Krieger, seconded by Councilman Heath, and .carried, to accept partial strut improvements in Precise Plan No. 348 and authorize .release of Bond No. 485473 in the amount. of $5,550 in lieu .of new bond in the amount df $192pQ for future improvement on Duff Avenue. PROJECT 8P-4408 LOCATION: West side of Glendora from ACCEPT STREET IMPROVEMENT$ Barbara to Herring; west Sully -Miller Contracting Co, side of Glendora from Service to APPROVED Sto Christopher's Church; east side of Glendora from Barbara to 325 feet"' southerly, Accept street impr►pvements and authorize release of Industrial Indemnity Company bond No. YS 028562 in the amount of $.99705o Staff recommends acee-ptance qnO release of bond. Motion by 064ncilman Krieger, seconded by Councilman Heath, and carried, to accept the street improvements in Project SP-6508 and authorize release of Industrial Indemnity Company bond No. YS028562 in the amount of $99705, -3- C, C. 3/14/66 Page Four CITY CCLERK'S REPORTS' - 'Continued •PROJECT C-103 LOCATION: West side of Sunset from APPROVE PLANS AND SPECIFICATIONS Vine to Cameron, STREET IMPROVEMENT APPROVED Review Engineer's report, Approve plans and specifications for street improvement Project C-103, Authorize City Engineer to call for bids. Held over from January 24, 1966 meeting, Staff recommends approval, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, to approve the plans and specifications for street improvement in Project C-103 and authorize the City Engineer to call for bids; that the funding for the driveway provisions be charged to Account No, 1.82-21 in the sum�of'$100 and to Account No.., 125-6413 in the amount of $250 as per the report from the City Engineer of March 10, 1966, RESOLUTION NO, 3333 ADOPTED (West Covina Unified School District) • Mayor Nichols: The.City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CERTAIN WRITTEN INSTRUMENT AND,DIRECTING THE RECORDATION THEREOF"'(Grant Deed - West Covina Unified School District) Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Krieger, seconded by Councilman Heath, t,hatsaid resolution be adopted. Motion passed. on roll, call, as follows. - Ayes: Councilmen Jett, Snyder , Krieger, Heath, Mayor Nichols Noes: None Absent: None Said.resolution.:.was given No, 3333, RESOLUTION.NO, 3334 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL (Papific Avenue) OP THE CITY OF WEST COVINA DEDICATING CERTAIN PROPERTY TO PUBLIC STREET PURPOSES AND ACCEPTING THE SAME AS A PUBLIC STREET" (Pacific Avenue) Mayor Nichols: Hearing no objections, we will waive further reading of the body of the resolution, • Motion by Councilman Krieger, seconded b Councilman g , y Heath, that said resolution be adopted, Motion,passed on roll call as follows. - Ayes: Councilmen Jett, Snyder, Krieger,,.Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No,.3334, -4- C. C. 3/14/66 C'ITY.CLERKIS REPORTS - Continued RESOLUTION N0, 3335 ADOPTED (1964 Storm Drain Bond Issue). Pa-e-Five . The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING CERTAIN SPECIFICATIONS FOR THE CONSTRUCTION OF 1964 STORM DRAIN BOND ISSUE PROJECT NO, 8401-y UNIT:.1, LINE A AND LINE B, IN THE CITY OF WEST COVINA, CALIFORNIA, AND AUTHORIZING USE OF PUBLIC STREETS FOR OPERATION AND MAINTENANCE OF THE FACILITIES" Mayor Nichols: Hearing no objections, we will waive further reading of the hody of the resolution, Motion by Councilman Krieger seconded by Councilman Heath, that said resolution be adoptedo Motion passed on roll call as follows: Ayes; Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None. Said resolution was given No, 3335, 0 Councilman Heath: Whenever there is ;k ck 4nge-' in plans or specifications,at the time they are presented to the Council I thank they should be voiced. If there are any changes in this other than what we would normally expect, I think the Council should be advised of it at the time of the change, We. decided to cul-de-sac Merced for safety reasons. This has not been done, Public Services Director, Mr, Fast: We will temporarily close that out until the developer comes along and puts in the permanent installation there, PLANNING COMMISSION TRACT NO, 25394 John R. Fitzgerald APPROVED LOCATION: Between Meeker and Sunkist immediately south of Walnut Creek Wash. Request for 4.5 Acres - 21 Lots - Area District I -- approved by Planning, Commission on March 2, 1966, Councilman Heath: I would hope the line to this hydrant in this new area would be of a • Larger diameter than the existing lines to the south..' Planning:Director, Mr. Joseph: This will be a six-inch line and it meets the City requirements, Motion by ,Councilman Krieger, seconded by Councilman Heath, and carried, that Tract No, 25394.be approved subject to the conditions imposed by the Planning Commission in their action of.March 2, 1966, -5- C. C. 3/14/66 Page Six PLANNING COMMIS`S'ION Continued MEMORANDUM REQUESTING JOINT MEETING •WITH CITY COUNCIL REGARDING CENTRAL BUSINESS DISTRICT Mayor Nichols: The chair has a meeting with the property owners in this area for the 30th of this month. I would suggest this be held over. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the Planning Commission be advised that it is the consensus of the Council that any joint meeting with them should be held after. the Mayor has had his joint meeting with the merchants and businessmen in the Plaza and the Center; that the representatives of the Planning Commission are invited to attend said meeting. REVIEW PLANNING COMMISSION' So indicated by Mr. Flotten. No ACTION OF MARCH.2, 1966 items called up,by the Council. Motion by Councilman Jet-t, seconded bV Councilman Snyder, and carried, to receive and file the Planning Commission action of March 2, 1966. 'S'CHEDULE'D MATTERS BIDS PROJECT CO-65,16-2 LOCATION: Community Youth Center COMMUNITY YOUTH CENTER at Cameron Park CONCRETE WORK Bids were received in the office of the City Clerk.at 10:00 A.M., March 91 1966. The bids received are as follows; LOUIS S. LOPEZ 10% bid bond $ 29989.54 R M CONSTRUCTION No bid bond 3,045.40 ART CRETE, INC. 10% bid bond 39413.88 CARLSON 8 HEROLD 10% bid bond 3,548.00 WILBUR A. HARRISON 10% bid bond 39860.55 NORMAN PHILLIPS CONSTR. 10% bid bond 59565.12 Motion by Councilman Heath, seconded by Councilman Krieger, that the bid of Louis S. Lopez as presented at the bid opening.of. March 9, 1966 for Project CO-6516-2 be accepted and that the Mayor and City Clerk be authorized to execute said agreement. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols •Noes: None Absent: None C. C, 3/14/.66 PROJECT C0-6516-2 Continued Page Seven •Motion by Councilman Heath, seconded by Councilman Krieger, that $2,000 be taken from the Capital Improvement Program and applied to Project CO6516-2, Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None 'HEARINGS WEED AND RUBBISH Accept report of City Engineer. ABATEMENT ASSESSMENT Confirmation of 1966 Assessment 1966 Roll for weed and rubbish abatement HEARING OF PROTESTS pursuant to City Council Resolution No, 3320, Mayor Nichols The Resolution of Intention creates an authorization under the Weed Abatement Act to abate such nuisances as they may exist in the City, The extent of the resolution and the proposal of the City at this time is to abate an existing nuisance on one particular location in the City rather than at all such locations. • This is the time and place set for the hearing of protests or objections to this matter, Mro City Clerk, do you have the affidavits of publication and mailing as ✓ required by law? City Clerk, Mr, Flotten: Yes, I do, Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that said affidavits be received and placed on file. Mayor. Nichols: Mr. City Clerk, have you received any written protests or objections against performing the work? City Clerk, Mr,. Flotten: No objections, Mr, Mayor, Mayor Nichols: I will declare the public portion of this hearing open. I will ask if anyone present in this audience has a.desire to register a verbal objection to any of the -proposed work, Mr, Edward Goldsmith 1.9:01 East Michelle West Covina • City Clerk, Mr, Flotten: In the letter you sent, the resolution number was 3.220, Your Minutes show the number as 3320, It is 3320, City Attorney, Mr, Williams: As to those people that are present, there is no Pre�'ud l c-e a: because those present are not affected by a mistake. As long as the intention is published, the number of the resolution is not material. -7- C. C. 3/14/66 Page Eight WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) Continued 0 Mr. Ed Goldsmith: It is the consensus of the property owners of this area that there is no nuisance and there is no danger in this particular section of the wash. We feel it is desirable because it offers protection to our homes, adds beauty and privacy and safety for our children. I ask that the resolution be set aside because there is no need to act on it. I am on the Baker Wash. Mr. Ralph Blum I resent very much receiving a 1913 East Michelle letter in the mail of this type. West Covina I think it is dictative and I think it is threatening. I think it was sent in poor taste. As far as the property owners in the district, I think you will find they will feel the same way. I think the blackberries are good privacy and protection for the children. If they are removed, this wash will have a soil erosion problem. I don't know of anybody in the district who says this is a nuisance. I think it adds to the property from the standpoint of privacy. Mr. Matthew Peters 1942 East Merced Avenue West Covina I would gladly give this put flood control in it. know who it is annoying Department. Mr. Alton Birch 2233 Alaska Street West Covina I have been there over twelve years. The berry bushes were there at that time. They were put in to keep the wash from washing away. piece of property to the City if they want to The bushes are no nuisance to me. I don't unless it is the gentlemen from the Street I understand you are talking about the Baker Wash. We are on the Vine Creek Wash. I received a letter in the mail. I have berry bushes on the bottom of my property. The back of, my property is heavily covered with brush gf many kinds; large trees. We bought this property because we had that on the back of it. We like that. It affords us birds, squirrels, et cetera, and it is very steep and if you pull these things out it is going to go and our house is going to go because I am having some erosion at the top of the property line now. Mayor Nichols: The particular abatement we are referring to and that will be abated under this immediate program is the Baker Wash, not the wash where you live. Mr..Alton Birch:. Am I to understand now that I in the back of my property at don't need this time? to tear out this -area Mayor Nichols: At this time I would assume you would be receiving no notice to • do so. Councilman Heath: This is the root of that flood control. No C. C. 3/14/66 Page Nine WEED AND RUBBISH ABATEMENT' ASSESSMENT (1966) Continued . Mayor Nichols; This hearing is an abatement proceeding that would empower the City to instruct proceedings in any given area. After this proceeding, if it were authorized you would be notified to remove the debris or whatever it might be and thenif you did not do so then it would be done and it would come on Your tax bill,, The specific abate- ment the City has expressed a concern with is the Baker Wash area which would be the one effected by action, Mr, Alton Birch; Will I be notified if this action is going to take place against my property? Public Services Director, Mr, Fast: The action is this: The City in order -to be able to abate a nuisance needs this action tonight, However, from the standpoint of going in and taking out any obstructions, it will go wash by wash depending upon complaints, At that time anyone owning property along that particular wash would be specifically notified as a follow-up, Mr, Browning I back up to the Baker Wash, 1840 East Merced From what testimony that has West Covina been given here tonight you must have the feeling that the property owners on the Baker Wash are rather happy with the situation -there and do not want to remove the berry bushes. I would like to add my objection to the resolution. I feel the berry bushes are a protection, Mr, Joe Russo I go along with everything the people 1916 Merced said about the property. I think West Covina as far as the berry bushes are concerned, they have been there for the last forty years to control the erosion of the ditch, If we take them out I think we will have a problem with mud rolling down the streets. How come we don't get our street graded'of.f after the rains? Mayor Nichols: I will direct you to Mr, Fast, I am sure he will give you his business card and you may call him or come in and see him about that, Mr., Ardin Hotchkiss I am concerned in the purpose 702 South Azusa Avenue of this thine coming about is West Covina the fact somebody may come on there and tell me what I can do And can't do as far as the wash is concerned. I have certain shrubs and plants along there. I am more concerned about the people who come on my property and dump stuff, As far as abatement is concerned9 I don't know whether the nuisance is there, I think there are other ways this could be controlled besides something of this nature, . Mr, William Muster I consider these berry bushes 1937.East Michelle as rather a landscaping feature West Covina to my property, As far as I can tell, no outsider can enter this area because it is completely protected by other property owners that face both sides of this wash. As long'as individuals control the black- berries, I can see it is not particularly a hazard to anybody's health or convenience, C. C. 3/14/66 Page. Ten WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) - Continued: Mr. Ed Goldsmith: Those here tonight represent the major- ity of the property owners at the Baker Wash. If you would prefer written signatures, we can get that for you,- •We polled all the property owners inthe area. Who claimed it was a nui- sance? Who owns this property? Those are my two questions. There being no further public testimony, the public portion of the hearing was closed. Public Services Director, Mr. Fast: As far as the City has been able to ascertain, all these washes along which the property owners have been notified were strictly private with no flood control easement; no City easement whatsoever, City Manager, Mr. Aiassa: We are reviewing a very sticky problem of a drainage problem that originated from a West Covina property owner, to Mr. Bonelli's office requesting the abating of berry vines in the Baker's Wa sh. Mayor Nichols: Sometimes all of us get forms from governmental agencies that are stan- dard forms that coming in an impersonal way they appear rather insulting, abrupt and unthoughtful. It certainly is not the intention of your City Council to send notices to you that insult you or are abrupt to you. This has been a problem that has been placed in the lap of your City Council largely because there is a point of law that I would not comment on in detail but that tends to place or would place legal responsibility . someplace in -the event that blockage of the natural drainageways in the City caused at any time a condition of flooding. It was on this basis that the problem as such was brought before your City Council. Mr, Birch wrote a letter to the Board of Supervisors. Councilman Heath: Have we had problems of stoppage in this wash? Public Services Director, Mr, Fast: Not to my knowledge. Councilman Heath: In other words, the flow of water has been accomodated and we have had no - problems there. If this is the case, the wash is handling the water adequately and we could assume that there is no.need for any action to be taken; that the water course is adequate. Public Services Director, Mr. Fast: Current inspection has. shown that the vegetation in Baker Wash today is considerably heavier than it was back in 1960 and certainly the years in between and as such some action should be taken even if perhaps it were only actions by the home owners, which is the only action that we would want in any case because of the private obligation to restore it back to maybe limit the growth. Councilman Krieger: So far the Council has taken formal action only in regard to a notice of intent. The proposed resolution, I assume, applies across the board to all washes that contain these types of items throughout the City. Is that right? Public Services Director, Mr. Fast: This is correct. -10- Co C. 3/14/66 Page Eleven W ED AND RUBBISH ABATEMENT ASSESSMENT ('1966) Continued City Attorney, Mr, Williams: Not necessarily, You can specify which one, Councilman Krieger: Is the staff suggesting to the Council that this type of resolu- tion be adopted which would be self-executing as far as the administration - of this is concerned7 where does it go from there? Public Services Director, Mr. Fastv I't was the staff's interpretation that we would provide a tool whereby without further hearings a Council could upon the presentation of protests or evidence of.a need for abatement that the staff could then be instructed to contact the owners of any particular wash in a request for them to abate that section, If they didn't, the staff would proceed with the balance of the procedure and abate the nuisance,. Councilman Krieger: This seems to have been on our agenda .for some time, Was this letter of February 28th the first notic.e''other than these articles that have been appearing in the'.newspaper with great frequency on this problem? Public Services Director, Mr, Fast: This is the first notice, Councilman Krieger; The language that is contained following the notice on the bottom, • I assume from the comments that have been made by the staff that the choice of language was unfortunate, is that it? Public Services Director, Mr. Fast: At least, Councilman Krieger: The implementation of a policy as it has progressed up to this mint before the Council was intended to be directed at least init�ally as against Baker Wash., is that it? Public Services Director,. Mr, Fast: Yes, Councilman Krieger; Following the receipt of the complant.from the gentleman who lives along Baker Wash, was there any study run'As,to the number of property -owners involved'along, this wash? Public Services Director, -.Mr.. Fast; I believe there are some 27 on Baker Wash. Councilman Krieger: Primarily for our own benefit, have there been reports received from any of our departments -- fire, police, engineering, streets -- commenting upon the necessity for abating a problem now existing within the Baker Wash? Public Services Director, Mr. Fast; Not in its entirety, The Baker Wash in certain areas is almost completely overgrown and could easily form a block on flow. On the other hand, certain areas are quite well taken care of. Councilman Krieger: Has there been any steps at selective notification of individual property owners%«::based on this inspection based on the purported condition of their specific property? -11- Co Ca 3/14/66 Page Twelve WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) - Continued Public Services Director, Mr, Fast: No It was our intent to selectively notify upon basis of individual inspection of each -parcel, Councilman Heath: I understand Baker Wash was being used as a "guinea pig" and as I understand,' -this notice was sent out to the property owners on the Baker Wash and by error one got delivered to the man on the Vine Wash, He was told we were talking only about theBaker Wash and soliciting hearings concerning the Baker Wash,.,Then if I understand correctly, the staff advised us that if this Baker Wash was cleaned out and the Council accepted certain policies that from here on out this Council would not even have a public hearing on other washes but would just pass a motion that another wash was a nuisance and on that motion the City Council would go in and have the brush removed, Is this correct? Public Services Director, Mr, Fast; I cannot answer what is the legal time span in regard to anv abatement district, City Attorney, Mr, Williams: There is no legal time spana Section 39568 of the C'overnment Code provides that at the time stated in the notices the legislative body shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse or dirt,' It may continue thehearing from ,of to time, One of the remedies that is available to the Council is to simply"point out what it is that is objectionable and I gather that the thing that is objectionable is not that these blackberry bushes are a fire -hazard but that they in some instances and on some lots may constitute an.,obstruction to t"he.sufficient flow of water to prevent th"e.flow,of water of creating a hazard to that property and to other propertieso" Should you therefore continue this hearing, the code also states you can then make a determination whenever you come to the end of the hearing, including any -continuance that you may grant by motion ...or reeolutiow at the conclusion of the hearing, Councilman Snyder; Does the staff feel the growth of brush in Baker Wash in certain instances is of such a degree -that it requires removal? .Public Services Director, Mr, Fast; There are many ''areas of this that require nothing,. There are some that require some trimming "and some that require something quite extensive, We had no intention.of removing the blackberry bushes entirely. We. only wanted to keep the channel clear, Councilman" Jett:I wonder if it would be possible to hold this matter over until the next regular meeting and give some of us an opportunity to go see ..it, and maybe we will understand the problem a little better, Councilman Krieger: After listening to the report of staff and the comments that I have heard tonight highlighting the problem, perhaps our approach might be a little more selective than this'blanket-policy approach to the matter, Perhaps that"is where we ought to direct our thinking, ' Mayor Nichols; I would agree, -12- C, C, 3/14/66 Page Thirteen WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) - Continued r�rr Councilman Jett; I would like to move that this matter be held over to the next regular meeting so each member of the Council will have an opportunity to Look at this area, Mayor Nichols; It appears that there are relatively few properties where a type of congestion is of such a nature to become a true threat. I. wonder if the Council might want to discard the current procedure with no reflection at all upon the staff who were following our own directions anddirect the staff in turn to give us more target for particular problems posing, a drainage hazard and follow through with direct contacts to those property owners seeking initially voluntary compli- ance, If necessary, an abatement procedure directed against the specific problems creating the hazard condition can be taken, City Attorney, Mr, Williams..: You could declare a nuisance, those properties which would be offensive under the standards that have been set forth, that is that the growth is so constituted as to obstruct the actual drainage of water and the channel itself; that it is not your intention to clear out all blackberry bushes. And in so finding, you could exclude the Vine Street Wash and any other washes and sustain those objections, You would declare a nuisance and declare to be abated only those properties on which the weeds constitute an actual obstruction to the flow •of the water in the channel itself and you can, if you wish, then set a deadline within which the owners will have an opportunity to bring their property into compliance, If this is not done, the City can proceed under the abatement act. The other course would be to continue the hearing>:<.which has almost the same effect because in continuing it you would, In effect, be saying that those who serve themselves, who remedy their own situation will be found when the time comes not to be in violation except that under your suggestion as the Mayor has said there would have"to be a return of many people to this chamber which.would be avoided if you took the first course of action which still allows them time to clear their properties and have a further report; Mayor Nichols; Councilman Jett's motion dies for lack of a second, Councilman Heaths I.f. this program that we have before us tonight is followed through to conclusion and these bushes are removed at any later date, if we considered another wash in.the area would there be a public hearing for each one of those washes or are we setting up a policy_ here which would eliminate a public hearing on'any future washes? Mayor Nichols: We may exclude or include these • other areas from this resolution of intention,. City Manager, Mr, Aiassas We would prefer to have another hearing if any other wash is taken under consideration at a future time, -13- C,. C, 3/14/66 page Fourteen WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) Continued Councilman Krieger: Apart from the procedure.we have been following up to this points, is it not wi yh p,, rVprovince to attaciK this on a specific problem by propertyhapproa as far as the notification of the property owner? This would be the same as we have done in the past on other conditions not involving blackberry bushes but other nuisances where we have held hearings on specific properties and told them to remedy the specific condition., City Attorney, Mr, Williams: In all cases of weed abatement eventually it'comes to a property® to -property approach, Councilman Snyder- I would make a motion to°include the statement just made by Mr, Williams; further that rubbish also be included as well as brush to be abated, City Attorney, Mr, Williams: It would be possible to proceed . only against those who are causing obstructions but if so, this would be a criminal procedure and I think it was the feeling of both the Council and the staff not to proceed criminally in this case, That provision is already provided by the law, This is the most gentle proceeding you can follow, the civil proceeding, •.If' you give an opportunity for correction that if they clear the flow portion of the channel of obstruction, that no further proceedings be taken and that all objections to -any wash other than the Baker Wash shall be sustained, 'Councilman Snyder: That is my Tnotion, Councilman Jett: Could you tell me how much water was in this.wash and where it emptied into after the last rain fall? Mr, Ralph Blum: This wash is approximately 15 to 20 feet side in some sections, When we had this last rain and it never rained any harder in West Covina, that was was three feet from coming over the top, In normal rain there is one, two feet of water in the bottom.of that channel, These blackberry bushes are not backing up the water in that wash, That water is flowing from Merced to Azusa down into the drainage ditch there. We have never had any problem with any water, Councilman Jett: How deep is this wash? Mr, Ralph Blum: This wash is approximately four to five feet=deep.-; six, maybe, in places, Is Councilman Snyder: My motion is for the staff to selectively notify those properties which, in the staff's opinion, have an impediment to the flow of water, trash, et cetera, and to give them a certain length of time to abate this condition. If that is not done, then the City will abate it under the provisionsof this resolution, -14- • 0 C. C, 3/14/66 Page Fifteen WI:IY AND RUBBISH ABATEMENT ASSESSMENT (19 6 6 ) Continued City Attorney, Mr, Williams: I think the sense of your motion would be to first find out from the staff a more definite description of what is expected to be accomplished to remove the nuisance, If you have found that, it isn't the staff that fixes the time, You would find that any problem which violates this standard that I am asking you to try to ascertain is a nuisance, You would sustain the objections on all washes other than the Baker Wash and you would instruct the staff to commence abatement proceedings until the date you fix which gives the people the opportunity to come in to compliance with this standard which I hope you will be able to establish, Councilman Snyder: I will withdraw my motion until we have'a statement from the staff on what they feel the nuisance is here and what the standard would be, Public Sorvices Director, Mr, Fast; It was our intent that we keep the flow'line of this wash clear insofar as its physical dimensions are concerned, I am afraid there is going to have to be some judgment factor involved here, You could tell by some observation in this area as to the height to which it should be cleared based upon reports I have received and corroborated by certain testimony I have heard mere tonight that in all probability from a standpoint of approximation that this would probably mean perhaps a clearance from the bottom of the street up to, perhaps, a height of two feet. This would allow the main stream to carry through and carry out any debris that might settle in here, Councilman'Krieg,er;: I think it's necessary to establish the standards before you start applying them. I would still be in favor of backing away from the policy procedure but seeing the staff move ahead with the drawing up of standards to be applied and then bring it back to the Council to either accept or reject those standards and then notify all those people that do not comply with those standards to show cause why that nuisance should not be abated, Motion by Councilman Krieger, seconded by Councilman Heath, to sustain the objections to the proposed resolution and adoption of policy for abatement of nuisance on the proposed washes, City Attorney, Mr, Williams: This resolution gives you juris- diction to order the abatement of a,nuisance, You want a definition of what the nuisance is, If you make a finding that there is no nuisance,.you have lost your jurisdiction in this proceeding', This proceeding is abandoned if you adopt that motion, Councilman Krieger: City Attorney, Mr, Williams: Councilman Krieger:, This proceeding but not the issue of these washes. You can start over again, This is what I am in favor of, -15- �J Ca C. " 3/'14166 Page Sixteen WEED AND RUBBISH ABATEMENT ASSESSMENT (1966) - Continued Action on Councilman Krieger's motion: Motion carried, (Councilman Snyder voted "No",) Motion by Councilman Krieger, seconded by Councilman Heath, and carried, that the staff be directed to prepare and submit to the Council standards that will represent the situation that the staff suggests exists in any of the washes throughout the City for the abatement of nuisances, VARIANCE NO, 582 LOCATION: 725, 735, 745 and 755 Sunset Terrace Apartments North Sunset between DENIED Puente and Badillo. Request to allow a sign on apartment larger than permitted by the Municipal Code in Zone�R-3; denied by Planning Commission Resolution No, 1871, Appealed by'applicant on February 17, 1966, City Clerk, Mr, Flotten: this public hearing appeared and 68-notices were mailed to Councilman Heath: (Read Planning Commission Resolution No, 1871,) Notice of in the West Covina Tribune on March 3, 1966 property owners in the area on March 2, 1966, I own a piece of property in the vicinity of this project approxi- mately 700 feet away. I don't feel there is a conflict of interest at all if I sit in°on this hearing, Mayor Nichols: This is the time and place for the public hearing, Mr,'Ronald Leff We own and operate approximately 5938 Aldea Avenue 1,300 apartment units in Los Encino Angeles and Orange Counties, We have information that leads us to believe that this sign is of the utmost importance to the survival of this project. This particular sign is no larger than signs of small tract homes. We have made improvements on our property which makes the conforming sign impractical because it would take it out of.,the vision of the passing motorists. Although the property across the street is R-1, at the Planning Commission hearing the people from across the street spoke in favor of our application, We have gathered statistical information on this project and this we gathered since last August, The traffic sources prospective tenants, 201 have come from the sign; 36 from referrals; 61 from advertising, Total rentals of our project, 62% came from the sign;.31% from referrals.; 6% .from newspaper advertising, We have 140 units with*only 98 rented and this is with professional management, The basic objection} at the Commission is they felt by granting this variance they would be setting a precedent, 'phis is the only reason they deni.ed'it, The compromise,I would like to offer is to allow us to keep this sign until the ordinance'study is done which the Council has already proposed to the Planning Commission, We have 140 units and someone with a three unit apartment house can have the same size sign we are allowed under the code, We .believe our rights to operate our busineps are somewhat -16- C, C, 3/14/66 Page Seventeen 'VARI'ANCE NO, 582 .- 'Continued - impaired, We don't feel that because a variance might be given to us that someone else might apply for a variance and that our variance would set a precedent, We don't believe this is reason enough for refusal of this request. If you have any questions, I will be happy to answer them, Mr, Ed McNell I have been going to the Bethany 1.233 Marguerita Drive Baptist Church for about 12 years, West Covina Has the Council seen a picture of the sign? I have one here, (Presented said photograph to the Council,) I was here when the zoning was requested for apartments here and the church did not make a protest at.that time, Those apartments went in on the basis that they would be beautifully done, et cetera, It irks me personally that businessmen will come in and put up these apartments; they should realize at the time the problems they face. If they wanted a sign, I think that was the time to come in with it. I object very much that people come in .and give you this song and dance about how beautiful they are going, to build and then they come back and request a big sign. As the Bethany Baptist Church which is immediately adjoining the property and being ;probably the largest establishment in the area, we do oppose this ;sign, We oppose it because it is large, I am representing the church at large, Mr. Browning is here representing the Finance Director of the church,. Mr, Browning I represent the Finance Commission 1840 East Merced of the Bethany Baptist Church, West Covina We don't want to feel like we are not cooperating with this apartment management to the south of us, We have approximately the:same sized area, We feel we would like to back the Planning -Commission decision on.this matter. The apartment house mana ?ement was very much aware of the code before they put the sign up. We believe anybody stopping at the signal there or going by will see the apartments, There is plenty of evidence there as you drive along:,, We would like to see the code upheld in this matter, Mr, Ronald Leff: We did not put up that sign, We didn't build that pro-iect, We did;not apply for this. We bought this project. It --was represented to us basically as a project okayed by the City, To conform to a City ordinance of.a twelve -foot sign put on the face of,that building would be too severe of an action for this Council to take on our business. There being no further public testimony, the public portion of the hearing was closed, Councilman Heath: How long would you want this sign up? • Mr, Ronald Leff: The original recommendation I made was that it was the expression of this Council at a former meeting that the Planning Commission be instructed to review the ordinance and my suggestion was that when the ordinance was reviewed and whatever the Planning Commission brought forth, we would..change our sign to conform. I think this is fair,, -17- C. C. ' 3/14/'66 VARIANCE NO 58'2 Continued Councilman Heath: Page Eighteen Mr. Joseph, on your scheduling how long will it be before you review this? Planning Director, Mr, Joseph: We brought this to the attention of the Planning Commission and they instructed us to finish our projects. It would be about three, four months. Councilman Heath: How many square .feet would be permitted if this sign were attached to the building? Planning,Director, Mr. Joseph: 64 square feet total; both buildings. Councilman Krieger: The presentation by the applicant is practically a playback of what we had on the Mayer property which is just south of"this, It even bears a striking similarity to Mayer because as I remember Mr. Ingram who represented Mr. Mayer came before the Council and suggested as a compromise that we wait until this study was completed and leave the sign up in the meantime. In my opinion, we still come down to this question of precedent. I can't shrug it off, We have an ordinance that specifies what the grounds are and we continually have applicants before us and only emphasize that one ground -- hardship. I fail to see how •we can possibly justify the continued application of this sign ordinance to other apartment buildings in this City if we grant this man a variance upon his showing. If we go ahead and grant the permission to utilize this sign while we are investigating the possible changes in the ordinances, then in fact we are granting something to this man we denied to someone else. Councilman Heath: On the front of West Covina Apartments there is a free- standing sign approved. How many square feet is that? Planning Director, Mr. Joseph: I don't know. That is the only apartment project according to the information ,that I have that has been given a variance in the City. Councilman Heath: I think that would be used as a standard for granting a variance. Councilman Snyder: It seems to me this is exactiv like the Mayer case and I don't see how we can turn that one down and grant this one. Mayor Nichols: It is the law and I did uphold that ordinance relative to the Mayer property and I said at that time as long as it was the law I would have to uphold it. It would be impossible for me philosophically now to turn right around and take a different position on this one, I would only urge our Planning Commission if at all possible to expedite its concern with.this because it gives me a great deal of concern, • C. Co 3/14166 VARIANCE NO, 582 - Continued Page Nineteen Motion by Councilman Krieger, seconded by Councilman,5-*X v,, that Variance No, 582 be denied on the basis that the grounds for a variance have not been shown,, Motion passed on roll call as follows: Ayes: Councilmen Noes: Councilman Absent: None 'RECREATION .8 PARKS MEETING OF 3/22/66 Jett, Snyder, Krieger, Mayor Nichols Heath City Manager, Mr, Aiassa: GENERAL MATTERS "ORAL 'COMMUNICATIONS BANKRUPTCY SALES Their meeting is on the 22nd,, Mr,, Heath is the representative and Mr. Krieger is alternate,, Mr,, Phil Wax I am speaking on behalf of the 1014 West Garvey merchants at the Plaza at this West Covina time,, Elegantia has gone out of business and it seems like some other people bought the business based on running a bankruptcy sale and in checking through the ordinance that we have it spells out the conditions under which an outsider can come in and run this type of sale in competition with existing merchants in the Plaza, To our understanding,' there is a year and a half left in the lease and the concern is that it is a possibility that this outsider might be bringing in merchandise from time to time when no one is looking? to sweeten it up and continue this sale and prolong it, The ordinance definitely spells out the conditions but the onlv concern is the enforcement. There is nothing in the ordinance that spells out what the penalty is, Councilman Snyder: Don't some cities have the necessity of posting a bond? Mr, Phil Wax: A performance bond, They have to list their inventory, existing, and if they are caught in any violations, they forfeit this bond, which is a pretty good wedge, Councilman Heath: About four or five years ago there was an action on the part of the Council to limit the length of time for a sale of merchandise of going out of business and the length of time at which signs of going out of business are permitted,, Isn't that reflected in the ordinance somewhere? -19- i C. C 3/1.4/66 BANKRUPTCY SALES - Continued Page Twenty City Attorney, Mr, Williams: I am not sure I am familiar with all the ordinances on the subject. The ordinance, as I recall it, in the first place does not apply to a merchant who has been licensed and is actually going out of business but only applies to.those who come in for the purpose of conducting a receivership or sale or something of that kind,. In the first instance, nothing contained in the ordinance applies to merchants that have paid their license regardless of what kind"of sale they are having. They are simply doing the business they are licensed for, As to those who are receivers or auctioneers or what-have-vou who come in, they are restricted to filing an inventory and, as I recall, a certain number of days so they are restricted. The code Drovides for the maximum amount of penalty that is allowed for a general law .city to impose, $500, plus six months imprisonment and each day may be a separate violation, I would say try to enforce it and if it doesn't work then cure it where it shows its weakness. It seems to me that the requirement of an inventory is there, Mayor Nichols: has certainly been made -aware of know if any of our merchants feel functioning as they are supposed Councilman Heath: The problem will be the enforce- ment of the law and the staff the problem and we would like to that the existing ordinances aren't to function, out -of -business signs to ten.days or I believe in the records there is something about the going - two weeks, City Attorney, Mr, Williams: I believe that these types of sales require or did at that time require a permit from the City Council in addition to the filing of the inventory and the payment of the business licence, Councilman Jett: We could instruct the staff to study this ordinance and proceed in accordance with the rea.uirements of the ordinance, City Attorney, Mr, Williams: If you will enforce it and if there are anv difficulties of enforcement, inform the Council and then Vou can remedy it, The last paragraph takes all the teeth out of the ordinance, It has a paragraph exempting merchants in the City who may falsely advertise they are going out of business, et cetera, Councilman Snyder: Would it be proper in reviewing the exemption of existing merchants, would that be better for the staff or the Planning Commission? City Attorney, Mr, Williams: It is not a Planning Commission matter, Motion by Councilman Snyder, seconded by Councilman Jett, and carried, that the staff be instructed to enforce the ordinance re bankruptcy and going -out -of -business sales and inform the Council of any problems in enforcement where amendments might be needed; further, to bring back recommendations regarding the exemption ofexisting merchants as now exists in the present ordinance, -20- • C. C, 3/14/66 '(ENERAL MATTERS - Continued WRITTEN COMMUNICATIONS None C'I'TY ATTORNEY ORDINANCE NO, 959 ADOPTED License fee Refuse disposal dumps Page Twenty -One The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDINr, THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A BUSINESS LICENSE FEE FOR REFUSE DISPOSAL DUMPS" Motion by Councilman Snyder, seconded by Councilman Jett, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Jett, that said ordinance be adopted. Councilman Krieger: I don't believe we have taken cognizance of the revenues that could accrue to the City from this type of operation and from the overhead and expenses that will accrue to the City from this type of operation, Councilman Heath: I am in agreement with what Councilman Krieger has just said. This operation would take in $500 a day and an operation of this size I think this license is not enough, Councilman Snyder: Councilman Jett; Action on Councilman Snyder's motion; follows; There is nothing wrong with changing the fee if we find this is true'. That is my feeling, Motion passed on roll call as Ayes; Councilmen Jett, Snyder, Mayor Nichols Noes: Councilmen Krieger, Heath Absent: None Said ordinance was given No, 959, RESOLUTION NO, 3336 ADOPTED Saturday holidays Mayor Nichols: The City Attorney presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMEND- ING SECTION 11 OF RESOLUTION N0, 1277 TO PROVIDE FOR HOLIDAYS WHICH FALL ON SATURDAY" Hearing no objections, we will waive further reading of the body of the resolution, _21- C, C. 3/14/'66 RESOLUTION NO, 3336 - Continued Page Twenty -Two Motion by Councilman Heath, seconded by Councilman Krieger, that said . resolution be adopted. Motion passed on roll call as follows: i Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None Said resolution was given No. 3336, CITY MANAGER AMENDMENT NO, 72 Flags 8 Banners Mayor Nichols: Regarding this item and the matter regarding the dump license fee, I have heard the tape on the discussion, I have also read the Minutes, City Attorney, Mr. Williams: I have a copy of a memo, I don't have the Planning Commission resolution number or what section is to be amended, City Manager, Mr. Aiassa: The resolution is No. 1825, Councilman Snyder: Move that banners and pennants without wording may be erected for the purpose of advertising special events and special sales will be permitted for a period not to -exceed sixty (60) days and except wording of a non -advertising nature concerning seasonal and holiday greetings and events of. general public interest and special sales, Councilman Heath: Councilman Snyder: It permit unless they show what they are necessarily have to take them down if Councilman Jett: They can run these ously if they get sixty days? things continu- permit every seems to me if then take them down for an hour they don't get a going to put up. Thev don't they are still in good shape, I will second the motion. Councilman Snyder: I will add to the motion that the permit shall be required from the Building Department with no fee and the location and size of these displays shall not obstruct the view of neighboring property, Councilman Jett: I will accept the amendment to the motion and second the same, Action on Councilman Snyder's motion as amended: roll call as follows: Ayes: Councilmen Jett, Snyder, Mayor Nichols Noes: Councilmen Krieger, Heath Absent: None Motion passed on -22- • C . C . 3/14/66 CITY MANAGER - Continued AMENDMENT TO REFUND AGREEMENT Suburban Water System Page Twenty -Three Motion by Councilman Jett, seconded by Councilman Heath, and carried, to authorize the Mayor and City Clerk to sign this agreement. IMPLEMENTATION OF GENERAL PLAN ORDINANCE Progress Report City Manager, Mr. Aiassa: We will have this information for you on April 25th. I want the Council to know we are working on it and the report will be forthcoming. RUPPERT PROPETY Abatement Proceedings Motion by Councilman Krieger, seconded by Councilman Heath, and carried to hold abatement hearings on the Ruppert property on March 28, 1966. POLICE CITATION FOR FAULTY EQUIPMENT City Manager, Mr. Aiassa: This has to be held to April llth. Motion by Councilman Jett, seconded by Councilman Krieger, and carried, that this matter be held over to the meeting of April 11, 1966. COOPERATIVE GASOLINE BIDS WITH COUNTY Motion by Councilman Jett, seconded by Councilman Krieger, that the Mayor and the City Clerk be authorized to sign this agreement; that the staff be authorized to continue this program on a year-to-year basis as long as it is possible to do so and done in a cooperative program. Councilman Heath: Do we check the temperature of this gasoline as it comes in? City Manager, Mr. Aiassa: I believe we do. We have specific standards on that. I think that is a good question and we will take action on that. I think it is something we do ourselves, anyway. I will check it out and let you know. -23- C, C. 3/14/66 Page Twenty -Four 'C'OOPERATIVE GASOLINE BIDS WITH COUNTY Continued Action on Councilman Jett's motion: Motion passed on roll call as follows; Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes; None Absent; None TRAFFIC COMMITTEE MINUTES February 25, 1966 Motion by Councilman Jett, seconded by Councilman Heath, and carried, to accept the Traffic Committee Minutes of February 25, 1966 and place them on file. REVIEW BOARD MINUTES February 21, 1966 Motion by Councilman Heath, seconded by Councilman Krieger, and carried, to accept the Review Board Minutes of February 21, 1966 and place them on file, STATE CAPITAL TOUR 0 Motion by Councilman Heath, that Mr. Fast be authorized City representative on March TELEGRAM MISHANDLING seconded by Councilman Jett, and carried, to attend the State Capital Tour as a 22, 1966, Councilman Jett; I have discussed this and I think they did a good job of investi- gating the matter and as far as I am concerned, the matter is closed, Motion by Councilman Jett, seconded by Councilman Snyder, and carried, to accept the staff report of March 7, 1966 re telegram mishandling and place it on file, VALENCIA HEIGHTS AGREEMENT City Manager, Mr, Aiassa: We have the agreement for the Valencia Heights Water Company 10 and the Ridge Riders, I would like to carry this over to the. next meeting,. This is for your information only -tonight, -24- • C. C. 3/14/66 Page Twenty -Five CITY MANAGER - Continued CIVIL DEFENSE TRAINING City Manager, Mr. Aiassa: Every year we have a license for a training course where we use geiger counters and teach the various people in civil defense what they call the actual operation of the geiger counter. This is for your information only. Motion by Councilman Heath, seconded by Councilman Jett, and carried, that the City Manager be authorized to sign the application for the necessary license re this matter. SANITATION DISTRICT ANNEXATION PROCEDURES Councilman Heath: This has to be sent to the Formation Commission stating that the sewage will drain into a certain city and that this annexa- tion is going to be to that particular city. City Manager, Mr. Aiassa: CHAMBER OF COMMERCE COMMUNICATION This is an informational item. City Manager, Mr. Aiassa: We have a communication of the Chamber of Commerce dated March llth on the community resource and data base study bank. I will keep this for the records. COUNCIL WAGES Councilman Snyder: I asked for the report of the salary on this article in the Times. City Manager, Mr. Aiassa: This is being discussed by the League of California Cities. I will give you a copy of their reports which was specifically.prepared to explain the news article. At least the League of California Cities report will show all sides of.the 'issue. MT. SAN ANTONIO RELAY SIGNS r Motion by Councilman Heath,, seconded by,Councilman.Krieger, and carried, to accept the recommendation of the Chamber of Commerce''i concerning the Mt. San Antonio Relay signs.and instruct the City staff to proceed in accordance thereby; that those locations for signs that are private property be denied as being against the City ordinance. 125- Co Co 3/14/66 CITY CLERK Page Twenty -Six • ON -SALE BEEP. LICENSE - JOFiN ELIJAH CALLIN - dba THE IIUT - 1224 SYLVAN AVENUE City Manager, Mr, Aiassa; (rave brief summary_ of this matter,) Motion by Councilman Heath, seconded by Councilman Krieger, and carried; that the City staff through the Chief of Police be authorized to informally relay to the A.B.C. the past background of this applicant and that no recommendation be made in this matter. REAL ESTATE "FOR SALE" SIGNS Mayor Nichols; I have read the Minutes and I have. listened to the tape and I feel I can vote on this matter, Councilman Snyder; Move that the business license .fee in the amount of $36,00 be charged to realtors who Place "for sale" signs in West Covina as per the recommendation of Mr. Flotten of. March 40 1966, • Councilman Heath: That is not Mr. Tlotten's recommendation, Mr. Flotten openly stated that the information contained in that report was not accurate in the fact that those people who he approached only cAve'their personal opinion and did not give the opinion of the Realty Board, Councilman Krieper: As far as Mr. Lane and Mr. Lakev were concerned, they were not speaking for their group. They were speaking for themselves, but it doesn,t change the recommendation, Councilman Snyder: You may strike the words "as recommended by Mr. Flotten" from my motion and further that I recommend that a fee of $36,00 be charged to the realtors placing "for sale" signs in this City, City Attorney, Mr, Williams: The placing of "for sale" signs within the City be considered doing business as a real estate broker within the City? Councilman Snyder: City Clerk, Mr, Flotten: Councilman Snyder: Councilman Krieger; Yes, How about the employees? I think that my motion would include that that would be the minimum and maximum fee. I will second the motion, -26- C. C. 3/14/66 Page Twenty -Seven REAL ESTATE "FOR SALE" SIGNS - Continued • Councilman Heath: I think the intent of the motion is good; however, this is only hurting the small individual in this respect. The small individual with one or two employees has to pay the same amount of license as a business which has twelve or fifteen employees and he is not the one who is more able to pay this money; If we are going to do this I think it should be definite that this additional employee amount be included so that it will present an equal share on the large operator. 0 City Attorney, Mr, Williams: The motion you are talking about does not apply to those having an.office in this City. They are covered by the business license. You cannot base a business license in this City on either the number of employees or the gross receipts of a business if the business is located elsewhere. Action on Councilman Sn_yder's motion: Motion passed on roll call as follows: Ayes: Councilmen Snyder, Krieger, Mayor Nichols Noes: Councilmen Jett, Heath Absent: None Mayor Nichols: RESOLUTION N0,, 3337 ADOPTED William Z. Chamlee Mayor Nichols: I voted for this with reservations and a desire to watch this very closely. The Citv Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA COMMENDING WILLIAP-1 Z. CHAMLEE FOR HIS SERVICES TO THE CITY" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Heath, seconded by.Councilman Snyder, that said resolution be adopted.''Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mavor Nichols Noes: None Absent: None Said resolution was given No'. 3337. CITY TREASURER None MAYOR'S REPORTS None -27 C. C, 3/14/66 GO'UNCIL COMMITTEE REPORTS • SCAG REPORT Page Twenty -Eight Councilman Jett: Did the rest. of the members receive a copy of the letter from SCAG? I have a report on the argument from the City of Long Beach, To me' it is the best argument that I have seen in favor of SCAG, I will request that this be duplicated and sent to the rest of the Council, City Manager, Mr, Aiassa: I will take care of that, TEEN-KAN-TEEN City Manager, Mr, Aiassa: I just talked to the Finance Officer and I want to solve this problem of the money at the Teen -Kan -Teen, The Park and Recreation Commission withdrew $59000 from salary for capital improvements, We have $149000 from the wooden umbrella project. This is the left over of these t.wo funds to do this project. We have never officially given sanction by the Council to spend this money. That is why I took Council action tonight, LIBRARY ASSOCIATION CONVENTION Councilman Jett The California State Library Trustees Association is coming up, I would like to see this card sent in, Whether I will be here to file this or not, I don't know, I think this is a meeting that should be attended, City'Manager, Mr, Aiassa: MOTOCYCLE ORDINANCE Councilman Krieger: City Manager, Mr, Aiassa: OLD MERCED CUL-DE-SAC Councilman Krieger: I will take care of that, How soon is the motorcycle and go-cart investigation going to be completed? . You will have a report on March 28th, What is the status of Old Merced? City Manager, Mr, Aiassa: It. will. be cu.l-de-saced.,, There will be.:a. temporary blacktop later, to be replaced with concrete curb and gutter. C. C; 3/'14/66 '.QLD.MERCED CUL-DE-SAC - Continued Page Twenty -Nine Public Services Director, Mr. Fast: It is just a matter of the contractor winding up'completely, Councilman Krieger: There will be a berm to put across so traffic will not go through to Glendora? Public Services Director, Mr. Fast: Yes. At the time we get the_,cul- de-sac and the double curbing and the parkway put in and then the large heavy barricade and the berm will be removed. Councilman Snyder: EMPLOYMENT OFFICE DRIVEWAY The barricades should be put up so people'don't drive over the berm, Councilman.Jett: The driveway that goes in on the' south side of the employment office right now in the middle of the driveway there is a cement return curb. What is going to happen to that?' Public Services Director, Mr. Fast: SCAG COUNSEL I will have to look at it, I will follow up on this. City Attorney, Mr. Williams -'I think it would be proper for me to put in to the record that I have been appointed legal counsel for SCAG and.I would like to have an expression of no objection from the City, Mayor Nichols: DEMANDS We have no objection. Motion by Councilman Krieger, seconded by Councilman Heath, to approve demands totalling $165,721.83 as listed on demand sheets C492 through C494. This total includes fund transfers of $249286.85. Motion passed on roll call as follows: Ayes: Councilmen Jett, Snyder, Krieger, Heath, Mayor Nichols Noes: None Absent: None There being no further business, Motion by Councilman Heath, seconded by Councilman Snyder, and carried, that this meeting adjourn at 11:30 P.M. APPROVED )J,t,,j o� ATTEST: MAYOR CITY CLERK - 2 9