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10-10-1966 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CI.TY.OF WEST COVINA_9 CALIFORNIA OCTOBER 109 1966 The regular.meeting of. -the City Council was called to order by Mayor Krieger at 7:35 o'clock P.M. in the West Covina City Hallo Councilman Nichols led the Pledge.o.f .Allegiance. The.invocation_was.given by Rev,, Charles R,, Simmons, West Covina..Me.thodist_.Churc.ha ROLL CALL Pregent.- Mayor. Krieger, Counci.lmen.Gillum, Nichols, Snyder, Gle.ckman Others Present-. Mr.,, Geor.ge..Aiassa., City.Mana.g.er.. Mr,, Robert Flotten, City Clerk 6 Admin,, Assistant Mr,, Harry C,, Williams, City Attorney Mr,, Herman R,, Fast, Public Services Director Mr,, Harold Joseph, Planning Director APPROVAL OF MINUTES September 26, 1966 e Approved a.s.corrected as follows.- Mayor Krieger.- I would offer a correction'to the Minutes as submitted and recorded,, On Page 16'the motion by Councilman Gleckman,..seconded by Councilman Snyder that the resolution which had to do with the Southerly Annexation District No,, 193 be adopted, the Minutes should reflect the resolution as amended be adopted which was the prior action of the Council immediately prior to this motion,, Also on Page 16 having to do with the West Covina Disposal amendment to the contract re newly annexed areas, the motion by Councilman Nichols and seconded by Councilman Gl.eckman is that the Mayor and City Clerk be authorized to execute the proposed amendment of the agreement submitted to the Council changing the word from "unless" to "rather",, In fact, this was a revised draft by the City Attorney and the language beginning with the word "rather" changed the balance of the amendment. and the motion referred to the revised draft as proposed by the City Attorney rather than just the change of one word°. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Minutes of September 26, 1966 be approved as amended,, CITY CLERK'S REPORTS PRECISE PLAN NO,, 459 ' ACCEPT STREET AND SANITARY SEWER IMPROVEMENTS Egi.dio and Mary Puppi APPROVED of First Federal Savings and Loan Certificate No,, 995 in the amount in the amount of $1,0001, LOCATION.- 4101 S,, Nogales on north- west corner of Valley and Nogales,, Accept street and sanitary sewer improvements,, Authorize release Association Investment Assignment of $4,500, and Certificate No,, loll -1- Co Ce 1.0/1.0/66 PRECISE PLAN NOo 459 ® Continued Page Two Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried., to.accept the street and sanitary sewer improvements in Precise Plan of Design No, 459 and to authorize.release of First Federal Savings and Loan Association Investment Assignment Certificate No, 995 in the amount of $4,500000 and Certificate Noo 1011 in the amount of $1,000100o PRECISE PLAN NO, 486 LOCATION; .2117-2125 Garvey between ACCEPT STREET IMPROVEMENTS Willow and Sunkist, Meyer.Kal.sman north of the Freeway, (Vocational School) APPROVED Accept street improvements, Authorize release of General Insurance Company of America bond No, 566325 in the amount of $950. Staff recommends acceptance, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the street improvements in Precise Plan of Design No, 486 and authorize rlease of General Insurance Company of America Bond No, 566325 in the amount of $9500000 • PROJECT SP-6407-2 LOCATION-, Southwest corner of ACCEPT STREET IMPROVEMENTS Azusa and Cameron. Crowell 6 Larson APPROVED Accept street improvements,, Authorize release of the Western Casualty and Surety Company performance bond No,, 345648 in the amount of $49925,,43o Staff recommends acceptance,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the street improvements in Project SP-6407-2 and authorize release of The Western Casualty And Surety Company Performance Bond No,, 345648 in the amount of $4,925,43, PROJECT SP-6616 LOCATION-, Barbara Avenue, Glendora ACCEPT STREET IMPROVEMENTS Avenue to Susan Avenue, D 6 G Construction Co. APPROVED Accept street improvements, Authorize release of Hartford Accident and Indemnity Company performance bond No, 3295487 in the amount of $139601,89, Staff recommends acceptance, Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to accept the street improvements in Project SP-6616 and authorize release of Hartford Accident and Indemnity Company • Performance Bond No, 3295487.in the amount of $13,601,89, 02® is C. Co 10/10/66 I CITY CLERK'S REPORTS - Continued PROJECT SP-6619 ACCEPT STREET IMPROVEMENTS PAVEMENT RESURFACING F. W. Richter Construction APPROVED performance bond No. 345716 in the accpptance. Page Three LOCATION: Citrus from Lark Hill to southeast City limit. Accept street improvement. Authorize release of The Western Casualty and Surety Company amount of $5,755. Staff recommends Motion.by Councilman Gillum., seconded by Councilman Gleckman, and carried, to accept the street improvements.and pavement resurfacing in Project SP-6619 and -authorize release of The Western Casualty and Surety Company Performance Bond No. 345716 in the amount of $5,755.00. PRECISE PLAN N0, 129 LOCATION: South side of Garvey, ACCEPT SUBSTITUTE BOND between Citrus and Albert E. Isenberg and Barranca. Marion E. Jackson APPROVED Review Engineer's report. Accept United Pacific Insurance Co. bond No. B-512895 in the amount of $850. Authorize release of Great American Insurance Company bond No. 8008641 in the amount of $82.7. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to accept the substitute bond in -Precise Plan of Design No. 129 and -accept United Pacific Insurance Company Bond No. B-512895 in the amount of $850..00, and authorize release of Great American Insurance Company bond No. 8008641 in the amount of $827.00. PROJECT N0. SP-6325-1 8 SP-67007 LOCATION: Cameron, Glendora to APPROVE PLANS AND SPECIFICATIONS Valinda (SP®6325-1)9 STREET IMPROVEMENT Cameron, Valinda to APPROVED Lark Ellen (SP-67007). Review Engineer's report. Approve plans and specifications for street improvements, Projects SP-6325-1 and SPm67007. Authorize City Engineer to call for bids. Funds budgeted. Motion by Councilman Snyder, seconded.t)y Councilman Gleckman, and carried, to approve the plans and'specifications for street improvement in Projects No. SP-6325®1 and SP-67007 and authorize City Engineer to callfor bids. PLANNING COMMISSION PARCEL MAP NO,, 20 Tri-State Engineering Co. HELD OVER LOCATIONo North of Valley, east of Sentous Avenue. 2 Lots-- 9 Acres - Area District I. Approved by Planning Commission on October 5, 1966. (Maps were presented and Mr. Joseph gave a brief summary of this matter.) -3- Co Ca 10/10/66 PARCEL MAP NO,, 20 m Continued Page Four • Councilman Snyder: Is the verbal statement in the Planning Commission Minutes adequate or can we get a written statement as to this possible driveway? City Attorney, Mr,, Williams.: I would assume the statement if made before the Planning Commission would be true,, Councilman Nichols: Does this-Dwner of Parcel one by right have access to Valley through a precise plan? Planning Director, Mr,, Joseph: Not unless their precise plan is through,, Councilman Nichols: It seems to me it would be a very sneaky gerrymanding of off -Valley properties to have access to Valley,, I at no time -personally would vote to approve any development of that parcel allowing such a sliver of access down to Valley,, I would -feel that that is very poor planning and very poor precedent of that Valley Boulevard frontage,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Parcel Map No,, 20 be held over to the next regular • meeting of the Council,, RE.VI.EW PLANNING COMMISSION ACTION OF OCTOBER'S, 1966 Freeway Agreement Modification So indicated by Mr,, Flotten,, Discussion as follows: Councilman Gleckman: I would like to hold a joint -meeting with the Planning Commission regarding their recommendation,, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Council hold a joint meeting with the City Planning Commission regarding the Freeway Agreement Modification on October 31, 1966,, (Councilman Snyder voted "No",,) East San Gabriel Valley Planning Committee recommendations re street names and house numbering Planning Director, Mr,, Joseph: (Gave brief summary of this matter,,) Motion by Councilman Gleckman, seconded by Councilman Snyder, that this • matter be referred to the Transportation Committee of the Chamber of Commerce for their recommendation pertaining to the street name change of Glendora to Hacienda,, Mayor Krieger: City is a member of and I don't next step in a matter like this the City Council,, I'll vote "No" on this because this matter came from a body which this see the Chamber of Commerce as the between the Planning Commission and a4® Co Co 10/10/66 Page Five -PLANNING COMMISSION ACTION REVIEW ® Continued Action on Councilman Gleckman's motion-. Motion failed. (Ayes: Councilmen Snyder,, Gleckman,, Noes: Councilman Gillum,, Mayor Krieger. Absent: Councilman Nichols.) Councilman Snyder-. I am in favor of accepting the recommendations of this report except with regard to Item 2,, I am in favor of that but I would not like to see this Council vote on it without further supporting data and, information.as to how the people who will. be affected economically on that street feel about it,, Mayor Krieger-. I agree with that but I think this should be set as an agenda item on an adjourned regular meeting of the Council and extend an invitation to the people who might have an interest in the subject matter,, I am talking about Vincent and Glendora; I am talking about Sunset; and the.house numbering,, Councilman Snyder-. Move that this report be accepted with regards to Items 1 ;and 3 and that Item 2 be set to an adjourned regular meeting with the interested people on Glendora Avenue being notified,, Mayor Krieger: The motion dies for lack of a 0 second,, Motion by Councilman Snyder. seconded by Councilman Gillum, and.?cly /VoI carried, to accept the recommendation of the Planning Commissior�A which is to leave it as it is now and reconsider it when the interchange is in at Pacific Avenue,, Motion. by Councilman Snyder, seconded by Councilman Gillum,, and carried. that Item 2 be set for an adjourned regular meeting with notification to the Chamber of Commerce and the residents and property owners on Glendora and Vincent Avenues,, Motion by Councilman Snyder, seconded by Councilman Gillum, that the recommendation of the Planning Commission as to Item 3. which is to in effect leave it as Sunset Avenue, be accepted,, Mayor Krieger: I think Sunset Avenue ought to be changed north of the freeway to Irwindale,, The reason I think so is because of the signage on the San Bernardino Freeway,, Irwindale is an incorporated city and I think the street running from the incorporated area of Irwindale should bear the name of the city to which it goes rather than a name that has no particular significance to it,, Action -on Councilman Snyder°s motion-. Motion carried,, (Mayor Krieger voted "No",,) • Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to receive the recommendation re house numbering from the Planning Commission and table it; that the City is in favor of a uniform house number system but only on condition that the other communities join in such a system,, (Councilman Gillum voted "No",,) Councilman Gillum: I think a system of this type destroys a city°s identity as a city,, -5- 0 • • C,, C,, 1:0/10/66 Page Six PLANNING COMMISSION ACTION REVIEW m Continued County Zone Exception Case No,, 8270 Councilman Snyder; Is it the staff°s opinion the Council should send a letter of their own? Mayor Krieger; Hasn't it been a policy of the Commission that the Planning Commission corresponds with the Planning Commission and the Council corresponds with the Board of Supervisors? Planning Director, Mro Joseph; Yes. Motion by Councilman Gillum, seconded by carried, that the communication on County be received and placed on file,, CITY MANAGER PRESENTATION OF RECOMMENDATIONS AND FINDINGS OF CIVIC CENTER BLUE RIBBON COMMITTEE Councilman Gleckman, and Zone Exception Case No, 8270 City Manager, Mr,, Aiassa; We have with us tonight the two cochairmen of the Civic Center Blue Ribbon Committee, Judge Johnson and Mr,, John Stiles,, Mr,, John Stiles It is a pleasure to be here this 2127 Casa Linda Drive evening representinga group of West Covina citizens who came together at the call of the City when all the various committees were set up because of their interest in what happens to our community,, (Gave brief summary of the work of the Civic Center Blue Ribbon Committee,,) We have prepared a report,, We have suggested this report be made available to interested citizens who may see this came about in very much of a voluntary way,, (Gave brief summary of aforementioned report,,) It is the recommendation of this Committee that the City proceed as rapidly as possible to build the City Hall, the Police Station, and enlargement of the Citrus Courts using the new device of the Joint Powers Act to permit this to be done before the construction cost and all other costs increase and which can materially do so over t:he.next few months,, It has been a pleasure to present this report on behalf of Judge Johnson and the Committee,, Judge Johnson; -The Committee took particular cognizance.of the present bond market and high interest rates and felt'after.considerable discussion that the possible increased cost in construction and the building inefficiency meanwhile far outweighed any longterm cost represented. by present interest rates,, !M 0 i Co C, 10/10/66 Page Seven BLUE RIBBON COMMITTEE RECOMMENDATION (CIVIC CENTER) Continued Councilman. Snyder-, The Committee recommends and I con- cur that this report be sent to the Board of Supervisors, I am wondering what protocol should be followed in doing this,, Mayor Krieger; morning in the next phase report being very timely disposed to authorize the presentation to the Board findings of the citizens' subject,, We have a scheduled appearance before the Board tomorrow of their discu.ssion in this matter. The and it might be well if. the Council is so Mayor and the City Manager during their tomorrow to submit this report as the committee her.e.in. West Covina on this Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the report be received and filed; that the Mayor and City Manager be authorized to deliver a copy of this report to the Board of Supervisors and that at that time take whatever action is n-ecessary to expedite this program,, Mayor Krieger; I would like to comment on the feeling I am sure that is shared by my colleagues on the Council in appreciation of the work, time, and interest of these people who served on this Committee,, SCHEDULED MATTERS BIDS PROJECTS MP-6423 (CAMERON PARK); MP-642.4 (DEL NORTE PARK); AND MP-6425 (CORTEZ PARK) SPRINKLER SYSTEMS on Wednesday, October 5, 1966, The LOCATION-, Cameron, Del Norte, and Cortez Parks,, Bids were received in the office of the City Clerk at 10-,00 A,,M,, bids received are as follows; ALLIED SPRINKLER CO,, 10% bid bond $379725,,00 SCHMIDLIN BROS, 10% bid bond 389711,,00 PACIFIC'COAST IRRIGATION 10% bid bond 429492,,00 ACME''SPRINKLER'COO 10% bid bond 4499,10,,00 COOLEY BROS,, 10% bid bond 449961,,96 WI.LLIAM P,, LONG CONSTRUCTORS 10% bid bond 499268,,00 City Clerk, Mr,, Flotten; The recommendation is that the bid of Allied Sprinkler Company of Compton as presented at the bid opening on October 5, 1966 for Projects MPm6423, MP-6424 and MP®64259 Phase B. be accepted, and that the Mayor and City Clerk be authorized to execute an agreement with the said. Allied Sprinkler Company for MP-6424 and MPm6425, Phase B only, and that funds be allocated for upgrading the sprinkler system, Councilman Snyder; I will so move; bids on Project rejected, further, that all. MP-6424 be -7- Ca C, 10/10/66 Page Eight PROJECTS'MP-64239 MP-6424 AND MP-6425 e Continued • City Attorney, Mr, Williams- Mr, Zimmerman called me about this matter and the recommendation is to accept bids on some of the specific projects.but leaving out one, What I am suggesting is I.think the motion -.was that the bids on those that be accepted be accepted and that a contract be authorized for those, I am simply suggesting that there -is -then left the..one not included unmentioned in the motion that.as.._to that project all bids be rejected, • Councilman Snyder- I will so amend my motion; and further that all bids on Project MP-6424 be rejected, including that of Allied Sprinkler Company, and that the balance of budgeted funds remain allocated to Del. Norte Park for upgrading the existing sprinkler system, Councilman Gleckman- I will second the motion, Action on Councilman Snyder°s motion- Motion passed on roll call as follows- Ayes- Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes- None Absent- None HEARINGS VARIANCE N0, 595 LOCATION- 126 South Glendora, William J, Sullivan HELD OVER Request for non -conforming identification signs in Zone C-1 denied by Planning Commission Resolution No, 1918, Appealed by applicant on September 14, 1966, Mayor Krieger- There is a communication addressed to the Council dated October 41, 1966 on behalf of the applicant asking for a continuance on this matter. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Variance No, 595 be held over at the request of the applicant to the next regular Council meeting, (Mayor Krieger voted "Nov?,,) PRECISE PLAN N0, 507 Triple Check, Inc, APPROVED LOCATION- Southwest corner Vincent and Walnut Creek Parkway, • Request for office building in Zone C®2 approved by Review Board, Called up by City Council on September 26, 1966, (Maps were presented and Mr. Joseph gave a brief summary of this matter, Mr, Flotten read r.equi3re4 conditions for approval,) Mayor Kr. ieger - This is the time and place for the public hearing, r� L • C, Co 10/10/66 PRECISE PLAN NO, 507 e Continued IN FAVOR Mr, James Pa Manning 1st Vice President Triple Check, Inc, 3607 North Bigson Road El. Monte bind for time, I would like a possible, Page Nine I am here to speak in favor and answer any questions about the precise plane Triple Check is the lessee of the property, The build- ing will be built to our plans and specifications, We are in a real decision this evening., if that is Mr., George McCormick'" We are the attorneys for the 137 1/'2 North Citrus Avenue Security First National Bank, Covina executor for Frank Bowker, deceased, This property is presently in the process of going through probate, This unusually shaped parcel and the narrowness of it together with that part to west is very difficult to deal with, particularly because of the acquisition of the flood control, street widening, et cetera, It important.we have the approval of this precise plan or a decision this matter tonight because of it being submitted to the Probate Court tomorrow to be filed for approval, If this is approved, the construction must be completed by the first of the year, OPPOSITION None There being no further public testimony, the public portion of the hearing was closed, Councilman Snyder-. Where is the trash pickup and trash space? the is on Planning Director, Mr, Joseph-. That will be developed when the plan appears before the Building Department, Mr, James P. Manning-. There is room between the fence and the building for a commercial trash container. You would have to get in and out over the parking spot, Councilman Snyder-. We have a narrow lot and we are going to have a narrow building and it, is going to be difficult to design Inything'to look`like much anyway. I am not impressed with this design, How many parcels do we have left like this along the south side of Walnut Creek Parkway? Councilman Nichols-. There is another one very similar at California and Walnut Creek Parkway, Planning Director, Mr, Joseph-. According to the map you have some property on the southwest corner of California and Walnut Creek Parkway, the territory between Cali- fornia and Vincent, which is now for the most part filled up, If this is approved, that would be about it because the remainder of the property is either too shallow or zoned R-A or part of the f°lo.dd control area, C,, C,, 10/10/66 PRECISE PLAN NO,, 507 m Continued Page Ten • Motion by Councilman Nichols, seconded _by Councilman Gillum, and carried, that Precise Plan of Design No,, 507 be approved subject to all of the conditions imposed by the Review Board,, (Councilman Snyder voted "No".) AMENDMENT NOo 76 TO THE MUNICIPAL CODE (Pigeon Control) City Initiated APPROVED 1966,, Continued from August open, and then to October 10, Request to amend the Municipal Code relating to Sections 9302(d) and 9204(d) concerning the keeping of pigeons, denied by Planning Com- mission Resolution No,, 1912, Called up by Council on July 25, 22 to September 26 with hearing held with hearing held open,, Mayor Krieger; The resolution shows Mr. McCann voting in the affirmative on the resolution and in the Minutes of the meeting he voted "No" on the motion. I would suggest sometime during the course of this matter you check your records and see if that vote is recorded properly on that resolution,, Planning Director, Mr,, Joseph.- I'll do that now,, (Gave brief • summary of this matter,,) Mayor Krieger; I was contacted last week through an individual who indicated the desire to present a film to this Council of 20 minutes duration,, Would the Council object to the showing of this film? Councilman Nichols.- If the film constitutes a substantial portion of the testimony, I won°t object,, If we are to see a 20-minute film and then 20 people have three"minutes each all espousing the same thing, I think I would object,, Councilman Gleckman.- Councilman Snyder.- Councilman Gillum.- Mayor Krieger.- IN FAVOR Mr,, Robert Nilsen 2117 Rio Verde Drive • West Covina IN OPPOSITION Mro D,, Richard Olson 1927 South Conlon Avenue West Covina in the neighborhood and it seems I have no objections,, I have no objections,, I have no objections,, This is the time and place for the public hearing,, (Presented film,,) I think every- thing we had to say is principally covered in the report of the Planning Department with which we completely concur,, About two years I noted pigeons being housed about two doors from me and now we have about three flocks of these pigeons to me like these flocks are getting _10® Ca Co 10/10/66 Page Eleven AMENDMENT N0,, 76 TO THE MUNICIPAL CODE m Continued larger all the time,, My wife has indicated to me she has had quite a. problem with the pigeons,, They land on wires above the clothesline and create quite a problem,, I have hobbies, too, and I realize people like to have these hobbies,, I think if the City is going to permit this there should be some separation between the hobby thing and ordinary pigeons,, REBUTTAL Mr,, Walter Day I believe I was the original 1939 South. Conlon. Avenue person this complaint was brought West Covina against,, As Mr,, Olson stated, there are several flocks of birds down there but not all of them are mine- one is. There are quite a few fliers in the Valinda and La Puente area,, I am three houses away from La Puente,, My birds do not sit on wires or roof tops,, They are either in my loft, flying home to my loft, or they are dead,, I keep racing pigeons only as a hobby and nothing else. We turned in a report from the County Health Officer who gave me a clean bill of health on my loft,, My loft is sprayed twice a month and cleaned thoroughly every week,, As far as disease or sick birds or anything goes, it is not in existence,, Mr,, James H,, Poland I live next door to this man who • 1945 South Conlon just spoke,, I am against keeping West Covina pigeons,, Mayor Krieger: You should have spoken before,, We will re -open the time for hearing complaints in opposition to this,, IN OPPOSITION Mr,, James H,, Poland: These pigeons drop their droppings on my houses, on my cars; the paint is off one of my cars and spots on my new car from them,, They do sit on the lines on my clotheslines and get the droppings on the clothes. The mites where he cleans them out and puts them in the corner in the trash bin they even got in my garage and I have had to spray with D,,D,,T,, to kill them,, I can't sell my property,, When buyers see all those buildings over there and all those pigeons flying around, they say "No",, I have had to paint my fence three times where they have messed all over the fence,, REBUTTAL Mr.,, Robert Nilsen: tight regulations that are to conduct it successfully,, • shrubs and trees,, I don't Essentially what the film was trying to show was the very necessary to conduct this hobby and The visual aspects can be overcome by think the problem is that large,, There being no further public testimony, the public portion of the hearing was closed,, Councilman Gillum: Is it possible that when these pigeons are released that they attract the average wild pigeon? Mr,, Robert Nilsen: No,, C, C, 10/10166 Page Twelve AMENDMENT NOo 76 TO THE MUNICIPAL CODE ® Continued • Councilman Snyder: They won't interbreed with other pigeons? Mr, Robert Nilsen: Not `ordinarily, Mayor Krieger, What was Chairman McCann°s vote on this? Planning Director, Mr, Joseph, °PNo Mayor Krieger, What is the effect of the Planning Commission action on this matter by number and by distance? - Planning Director, Mr. Joseph, It would limit the number of birds to 24; would permit lofts but require them to be 50 feet from any dwelling and 40 feet from any property line, which would be the same as the present ordinance now provides, Mayor Krieger, In your report of October 7th there seems to be a reconsidera- tion administratively of this whole subject matter which gives me some cause for concern, Planning Director, Mr, Joseph, I met with Mr, Nilsen and I indicated to him we would portray in writing to the City Council as best as we could the information submitted to the Planning Department by this group as to how they conduct their activity, We are not going to put ourselves in a. position of making a decision. The information that you have before you now was not before the Planning Commission and we were asked by the City Council or by the proponents and consented to by the Council to write a subsequent report and that is what you have before you, Mayor Krieger,_ The jurisdiction in this matter is now vested with this Council, If I understand the prerogatives of the'Council in a matter where we have additional information in the form of staff reports or investigation that may not have been before the Planning Commission, we may still refer the matter to the Planning Commission for their comments, not for anything else, on the reports and material then furnished to the Council and for a statement from the Planning Commission as to their position or if it materially changes in any respect from this previous decision in this matter, Is that correct? City Attorney, Mr, Williams-. The only thing that may not be correct is the word "may", You certainly may, The code states that if material, new information is furnishedbefore the Council not furnished before the Commission you • shallrefer it back to the Planning 'Commission for a report before acting on the matter. I think there is a facto which may have been brought up while I was absent from the room and I may be wrong in this. Is it not true, Mr, Joseph, that the present wording of the 2oning ordinance referring to poultry does not refer to pigeons? Planning Director, Mr, Joseph, Correct, However, the Commission did determine under Seciton 9219,4 that itis their prerogative to interpret this omission as meaning pigeons, too, =12® 0 �J C, C, 10/10/66 Page Thirteen AMENDMENT.NO, 76 TO THE MUNICIPAL CODE - Continued `City Attorney, Mr, Williams: Including all types .of pigeons because the definition of poultry does not include racing or homing pigeons, only poultry raised for food which I think if this went back that the Planning Commission should clarify, PlanningDirecto r, Mr, Joseph: There was not even a motion on this.. It was during thb course of the discussion, City Attorney, Mr, Williams: It has no bearing, The wording of the ordinance still is �poultryP4, It says nothing about pigeons and the dictionary definition of P9poultry" excludes birds not raised for food consumption, Councilman Gleckman: After hearing all the testimony at the Planning Commission and recommendations and what I have heard tonight, I would go along with the recommendation of the Planning Commission as to allow them under the conditions spelled out in 1, 2, and 3 at the end of their report m® the recommendations of the Planning Department, Is it possible to draft some type of an ordinance on a yearly basis to see how this particular thing would work out within our City as to control and eliminate it if it is a nuisance or establish it as an ordinance from that point on? City Attorney, Mr, Williams: You can draw an ordinance that will be effective only for a year, if that is your question, Councilman Nicho+s: It seems to me that this problem, if it is a problem, certainly should be assaulted on a basis geographically considerably more extensive than the City limits of this City, These feathered denizens of the skies don't know city boundaries and it seems futile for West Covina to pioneer or develop one approach and somebody else to come up with another one and then we try to arrest pigeons all over the Valley for-bneaking our laws. I don't know how we can change the substantial nature of the free flying birds no matter what we do, Councilman Snyder: The recommendation is that all people housing this type of pigeon would be members of the American Racing Pigeon Union and Mountain Couriers. Association, Mayor Krieger: Is it within the power of this Council if it were to permit this activity to state that the members must belong to a particular union and to a particular association in order to qualify? City Attorney, Mr, Williams: I was about to comment on that without being asked, I don.°t think it would be upheld by a court, The next thought would be that you might say that they must comply with the rules of this Association, or whatever it is, That, in turn, is delegating legislative power and I think would not be upheld, either, Councilman Gillum: I am sure they would fall under this automatically if they are racing pigeons. They own pigeons to race them, ®13® C, C, 10/10/66 Page Fourteen "AMENDMENT NO, 76 TO THE MUNICIPAL CODE a Continued • Councilman Snyder: This was put in this as an attempt to define and limit this type of pigeon,, If there is_ another way of doing it, fine,, Mayor Krieger: The recommendation states 60 homing pigeons,, I saw a state- ment in the Minutes by an attorney that 60 was a workable number but 24 was not a workable number as far as the flock was concerned,, Planning Director, Mr,, .Joseph: Actually they were talking 75 pigeons,, This figure of 60 is a figure derived following conversations.of the proponents with the staff,, Mayor Krieger: Now we seem to have -two setbacks; one is the setback from the residence and the other is from the property line,, The West Covina Code as it now exists provides 35 feet from the residence; is that correct? Planning Director, Mr,, Joseph: No,, It requires poultry and animals, except household pets, shall not be kept or maintained within 50 feet, nor shall any pen, coop, et cetera, be mairvtained within 40 feet of any portion of any property,, Mayor Krieger: The Planning Commission was approaching this in a staff report and came out with the resolution that may not even have stated really what the Planning Commission thought as a body thought they were accomplishing in this matter, In fairness to the Planning Commission, I donut believe there has been any new or materially new evidence submitted here as compared to what the Planning Commission had before them, I would like to see this report of October 79 1966.and the comments of the Council having to do with this subject matter referred to the Planning Commission for further report by them back to this Council on this subject matter because I donut think they received the full investigation or was studied by the Planning Commission fully, Motion by Councilman Snyder, seconded by Mayor Krieger, that the report of the Planning Director plus the supporting Minutes of October 7, 1966 be referred back to the Planning Commission for a report, with the hearing closed, Councilman Gleckman: I am going to vote against the motion but not because I am against the Planning Commission looking at this, I think it has been thrashed around enough • Action on Councilman Snyder -Is motion: Motion failed, (Ayes: Council- man Snyder, Mayor Krieger, Noes: Councilmen Gillum, Nichols, Gleckman) Motion by Councilman Snyder, seconded by Councilman Nichols, that the recommendations of the Planning Director in the report of October 7, 1966 as listed on Page 3, B and C. be adopted,, Mayor Krieger: The effect of the motion would be to permit domestic homing pigeons m14® C. C. 10/10/66 Page Fifteen AMENDMENT NO,, 76 TO THE MUNICIPAL CODE m Continued . not to exceed 60 in number; the setback requirements for the loft would be a minimum of 35 feet from a residence and 5 feet.and 2 feet from the rear yard -and side yard.setbacks., respectively. Councilman Gleckman: When we talk about domestic homing pigeons, is that putting it into the type of category under the discussion taken this evening? • Councilman Snyder-, I propose to make a motion follow- ing this that domestic homing pigeons be defined as defined by the American Racing Pigeon Union. Councilman Gleckman-, I would suggest that as an amend- ment to your motion. Mayor Krieger-, If we were to refer to the definitions that may be accepted by any other board, aren't we getting back to the point we discussed before and that is delegating.the power of regulation to the American.Pigeon Racing Union or.any group? City Attorney, Mr. Williams-, Technically, yes. I think we probably have done this in other places. I think technically that's true. I think if you said "gas defined by", this would be in the present tense mm in other words, it wouldn't include a change in their definition but as now defined by that organization that would not be illegal delegation of legislative power. That is the type of pigeons you are talking about now. Mayor Krieger-, City Attorney, Mr,, Williams-, Action on. Councilman Snydenl's motion-, You are using it as a reference? Yes. That's all. Motion carried. Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the term "domestic homing pigeons" be defined so as to be consistent with that term as now used by the American Racing Pigeon Union and is not to be so interpreted to be beyond that type of pigeon. (Councilman Nichols left the chambers at 9-,35 o'clock P.M.) RECREATION 6 PARKS RECREATION 6 PARK COMMISSION ACTION Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Recreation and. Park Commission action of September 279 1966,.the report, be received and placed on file. -is- 9 • C, C, 10/10/66 GENERAL MATTERS ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS SOUTH HILLS HIGH SCHOOL REQUEST City Clerk, Mr, Flotten- area to rehearse band formations, Page Sixteen We have a letter from South Hills High School requesting use of Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to grant the request of South Hills High School to use the north side of Cameron Avenue on Wednesday, October 19, 1966 from the hour of 10-30 to 11-30 and Wednesday, November 30, 1966 from the hour of 10-30 to 11-30, under supervision by the Police Chief or his staff; that this permission by no means be a policy of this Council, CITY ATTORNEY ORDINANCE NO, 980 ADOPTED Lark Ellen Avenue improvement The City Attorney presented; "AN ORDINANCE OF THE -CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE IMPROVEMENT OF PORTIONS OF LARK ELLEN AVENUE BETWEEWSAN BERNARDINO ROAD AND BADILLO AVENUE IN SAID CITY BY THE COUNTY OF LOS ANGELES" Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, to waive further reading of the body of -the ordinance, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said ordinance be adopted. Motion passed on roll call as follows.- Ayes- Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes- None Absent- Councilman Nichols Said ordinance was given No, 980, m16- • 0 Ll c. Co 10/10/66 CITY ATTORNEY ® Continued ORDINANCE NO, 981 ADOPTED Approve Annexation 192 Page Seventeen The City Attorney presented-. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROV- ING THE ANNEXATION TO THE CITY OF WEST COVINA OF CERTAIN INHABITED TERRITORY DESIGNATED AS 'WEST COVINA SOUTHERLY ANNEXATION DISTRICT NO. 192' PURSUANT TO A SPECIAL ELECTION HELD IN SAID TERRITORY ON THE 1.3TH DAY OF SEPTEMBER, 196611 Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to.waive further reading of the body of the ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said ordinance be adopted. Motion passed on roll call as follows: Ayes-. Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes-, None Absent: Councilman Nichols Said ordinance was given No. 981,, RESOLUTION N0,, 3468 ADOPTED Annexation 202 petition Mayor Krieger-. The City Attorney presented. - "A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACKNOWLEDGING RECEIPT -OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS 'SOUTHERLY ANNEXATION DISTRICT N0,, 202' AND AN AFFIDAVIT OF PUBLICATION THEREOF, AND APPROV- ING THE CIRCULATION OF THE PETITION" Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Gillum, that said resolution be adopted. Motion passed on roll call as follows, - Ayes: Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes: None Absent: Councilman Nichols Said resolution was given No. 3468. ®17® C. Co 10/10/66 • 'CITY MANAGER FREEWAY AGREEMENT MODIFICATION Page Eighteen Mayor Krieger: We need a date to set up the adjourned regular meeting for discussion on the matter. of..Vincent.and..Gl.endora. City Manager, Mr. Aiassao ORDINANCE RE KEEPING OF ANIMALS November 7th will be the date for consideration of this matter. Mayor Krieger-, There was an ordinance, a draft, proposed sections relating to the keeping of animals in the City. This was circulated in the Council because we were considering pigeons which was encompassed within the terminology of the proposed ordinance. We tabled it. Is there any Council action required? Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this matter be held over to the next regular meeting of the Council for discussion. AGREEMENT WITH DIVISION OF HIGHWAYS RE AZUSA AT GARVEY ® PARTICIPATION IN CITY STREET'CONSERVATION PROJECT Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the City Council approve this agreement for the elimination of cross gutter, Garvey Avenue south of the freeway, Project SPm6407=1 and authorize -the Mayor to execute the same. PERSONNEL BOARD RECOMMENDATION RE SENIOR RECREATION 9UPERHESM L EAD,'R City Manager, Mr. Aiassao (Gave summary re this matter.) Motion by Councilman Snyder, seconded by Clinn?ileman Gillum, and carried, that the position of Senior Recreation be changed and that the City Attorney be directed to prepare the neo-eRpL17 resolution for the change changing the Senior Recreation full-time job specifications as presented at the salary range of 20-B retroactive to October 1, 1966, as recommended. • WORKMAN°S COMPENSATION.INsSURANCE RATES INCREASE'- EFFECTIVE 10/1/66 City Manager, Mr. Aiassao This is informational only. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the report on this matter be received and placed on file. C,,.C,, 10/10/66 Page Nineteen CITY MANAGER Continued • SISTER CITY QUARTERLY REPORT AND FINANCIAL STATEMENT FROM JUNE THROUGH SEPTEMBER, 1966 Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Sister City quarterly report and financial.statement from June through September, 1966, be received and.placed on file,, Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that letters be sent to Mr,, Rogers and Mrs. Gordon in acknowledgment for this report and expressing the Council's apprecia- tion for the excellence of it,, REVIEW BOARD MINUTES APPROVAL Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Review Board Minutes of September 26, 1966 and September 28, 1966 be received and placed on file,, TRASH. AND GARBAGE COLLECTION IN ANNEXED AREAS Motion by Councilman Gleckman, seconded by Mayor Krieger, and carried, that, -this matter be held to the meeting of October 24, 1966,, JOINT POWERS AGREEMENT City Manager, Mr,, Aiassao We would like the Council to execute the contract and instruct the Mayor to tell the Board of Supervisors we have reviewed the contract and accepted their proposal,, City Attorney, Mr,, Williams-, I think in general the contract is satisfactory. If there should be a slight alteration by the City and you want to save time, I would suggest that the motion that you approve this agreement and authorize the Mayor and. City Clerk.to execute the same would be subject to the approval as to final form by the City Manager and the City Attorney,, Councilman Gleckman: I will so move,, Councilman Gillum° Second the motion,, Mayor. Kriegers Is this document now being circulated among the Council tonight identical in all respects with the document that was delivered to us by mail Saturday? City hanager, Mr,, Aiassao Yes, except for some mild word changes,, (Gave summary of this matter,,) Mayor Krieger-, If the City enters into a lease agreement and the County does not, what do we do with this language? m19m Co C, 10/10/66 JOINT POWERS AGREEMENT m Continued Page Twenty . City Attorney, Mr, Williams-, In this case the public authority would still_ go ahead and finance the City's portion, It would not terminate and the City would bear all cost, I have not had the opportunity to go.over this draft except as we went over it together while the film was on, In my opinion, this draft is not as favorable to.the City as the first draft was and yet I am told this was done by the County which stands in the same shoes as the City and why they would.have done it is beyond me because everything in here is in favor of Stone and Youngberg, Every change made in here is in favor of Stone and Youngberg, not the County or the City, Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, to approve the proposed contract authorizing the Mayor to execute it and the City Clerk to attest it subject to such minor change in form or wording as may be approved by the City Manager and/or the City Attorney and Mayor, LEAGUE CONFERENCE City Manager, Mr, Aiassa-, I would like Council to authorize Kurt Wilson, who is . the President of the Employees° Association to attend this meeting of the League on October 14, Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that permission be granted for KieK Wilson to attend the League meeting on October 14, 1966, CITY CLERK ALCOHOL BEVERAGE LICENSE APPLICATIONS Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Council register no protest to the following alcoholbeverage license applications-, (1) Speedy -Mart, 1319 West Merced Avenue (off -sale beer and wine); (2) National Drive®In Grocery, dba Stop IN Go Market, 130 North Hollenbeck and 1413 West Puente Avenue (2 locations) -(off - sale beer and wine); and (3) My Place, 1621 1/2 West Garvey Avenue (off -sale beer and wine), • SEVENTH -DAY ADVENTISTS REQUEST Motion by Councilman Snyder, seconded by to grant the application of San Gabriel Adventists for students to sell peanuts to 30, 1966, Councilman Gillum, and Academy of Seventh-Day and candy from November carried,. 14 -20- • • C, Ca 10/10/66 Page Twenty -One CITY TREASURER None MAYOR'S REPORTS Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that Council Recommended Persons to Work on RERC Recommenda- tions and Sister City Appointees be held over to the next regular meeting of the Council, NATIONAL BUSINESSWOMEN'S WEEK Mayor Krieger, If there are no objections, I will proclaim the week of the 16th to the 22nd of October as National Businesswomen's Week, (No objections voiced,) So proclaimed, COUNCIL COMMITTEE REPORTS WALNUT CREEK'PARKWAY EXTENSION Councilman Gillum, During the discussion with the WCBD and during the public hearings on the Freeway the question was brought up about the past studies and information on extending Walnut Creek Parkway across the City and realigning Workman on the north side to give the business area an additional east/west route through the City and give the citizens of the community east/west routes through the City, I would like to have the permission of the Council to request the staff to come up with some estimate of cost involved in such a proposal as extending Walnut Creek Parkway and also realigning Workman on the north side of the freeway, Mayor Krieger, Do you think until we have some further clarification on where we are going with the freeway agreement -with the State that we ought to pursue this inquiry? I am considering the staff time and the expense that may be involved in pursuing it when we don't know what is going to happen to these frontage roads, at least not.the final results, We have a joint meeting set with the Planning Commission for the end of the month, We will have to decide what course of action the Council. will take. Perhaps we might have a better idea after that, Councilman Gillum, May I suggest that the Council consider this proposal when we have additional information and decision on the freeway? I do feel it. i.s very important to the City as a whole to get and maintain good east/west streets through the City, -21- • i C Co C, 10/10/66 Page Twenty -Two WALNUT CREEK PARKWAY EXTENSION ® Continued Councilman Snyder: I agree with you. I think that has come up with part of our discussion regarding the freeway. I certainly will consider it. CBD EXPENSES Councilman Gillum: In the CBD there has been some expenses involved in different meetings and things -of this type and I was wondering if it shouldbe set up in.a separate account to handle these -things, Motion by Councilman Gleckman, seconded by Councilman Snyder, to authorize the City Manager to create such a fund not to exceed $500 out of Promotion subject to equal contribution -by the Committee itself. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Noes: Eouncilman Gillum Absent: Councilman Nichols SIGNING FOR BUSINESS AREA Glecan-9= Mayor Krieger Councilman Gillum: Last Friday a tour was made and recommendations were made to the City; minor recommendations as far as the description of the sign itself, I think we were talking about the cost of $500 to paint and install signs, Motion by Councilman Gillum, seconded by Councilman Snyder, to authorize the City Street Department to receive the recommendations from the Traffic Committee re this matter, Motion passed on roll call as follows. - Ayes: Councilmen Gillum, Noes: None Absent: Councilman Nichols ANNEXATIONS Councilman Gleckman: LEAGUE MEETING Snyder9 Gleckman9 Mayor Krieger We are proceeding on the annexations in the different areas, Motion by Councilman Snyder, seconded by Councilman Gillum, to authorize those members of the Council, Planning Commission desiring to attend and staff members designated to attend the League meeting in San Diego and their expenses to be reimbursed not to exceed $125.00rHMotion passed on roll call as follows: Ayes: Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes: None Absent: Councilman Nichols -22- C, Co 10/10/66 • DEMANDS 0 Page Twenty -Three Motion by Councilman Gillum, seconded by Councilman Gleckman, to approve demands totaling $109,185.00 as listed on demand sheets B265 and C522 to C525, This total -includes fund transfers, bank transfers, and time deposits, ..Motion passed on roll call as follows: Ayes: Councilmen Gillum, Snyder, Gleckman, Mayor Krieger Noes: None Absent: Councilman Nichols "There being no further business, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this meeting be adjourned at 11:45 o'clock P,M, ATTEST: CITY CLERK APPROVED � 7/ I MAYOR -23-