Loading...
11-28-1966 - Regular Meeting - Minutes• MINUTES OF THE REGULAR MEETINq OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA NOVEMBER 28, 1966 The regular meeting of the City Council was called to order at T-35 o'clock P,M, by the Mayor in the West Covina City Hall, Councilman Gillum led the Pledge of Allegiance. The invocation was given by Rev. Konrad Koosman, Christ Lutheran Church, ROLL CALL Present; Mayor Krieger, Councilmen Gillum, Nichols, Snyder (from 7:55 P.M.), Gleckman (from 7-40 P.M,) Others Present: Mr, George Aiassa, City Manager Mr, Robert Flotten, City Clerk 6 Admin, Assistant Mr, Harry C. Williams, City Attorney_ Mr, Herman R. Fast, Public Services Director Mro George Zimmerman, Assistant City Engineer Mr, Wallace Austin, Planning Associate APPROVAL OF MINUTES November 7, 1966 - Approved as submitted as follows: Motion by -Councilman Nichols, seconded by Councilman Gillum, and carried, that the Minutes of November 7, 1966 be approved as submitted. November 14, 1966 - Approved as corrected as follows: Mayor Krieger.- On Page 16 there is a motion by Councilman Nichols, seconded by myself having to do with the letter from Richard Ferrell regarding swimming pools, The motion should read as follows: "Motion by Councilman_ Nichols, seconded by Mayor Krieger, and carried, that the Council authorize the Mayor to respond to this communication tonight that former Mayor Russ Nichols was not opposed to the swimming pools and was joined in this feeling by the other members of the Council," Then on Page 21, there is a motion by Councilman Gillum and seconded by Councilman Cleckman having to do with the protest at 2713 East Valley Boulevard, The motion correctly stated was: "Motion by Councilman Cillum, seconded by Councilman Gleckman, and carried, tb authorize a letter of protest to the A,B,C," rather than "to accept a letter of protest to the A,B,C,". Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Minutes of November 14, 1966 be approved as corrected, • (Councilman Gleckman entered the chambers at 7:40 o'clock P,M,) -1- C', C, 11/28/66 Page Two PRESENTATION OF CERTIFICATES OF COMMENDATION (Incident at Bob's Restaurant) • Mayor Krieger; A couple of weeks ago in the City of. West Covina we received a treat and I think that the action of the young people of this community and of neighboring communities that came to the assistance of the officer at Rob's were really more illustrative of the type of young people growing up in this country than the more sensational incidents we read about or hear about on our radio, The incident involved Officer Kortan of the West Covina Police Department in the performance of his duties at Bob's Restaurant, There were certain individuals that felt that they were above and beyond the law and certainly above the officer and his performance, In doing so, he subjected himself as an officer continuously does, to personal danger, There were individuals that came to the assistance of this officer in the performance of his lawful duties at risk to themselves to assist this officer and to prevent the commission of a crime of even greater magnitude than that being committed on the premises that evening, There have been certificates prepared by the West Covina Police Department, (Read said certificate in full,) We have asked these people to be with us this evening to • honor us by their presence,,- (Presented the certificates of commendation to the followings Earl H, Carter; Michael Bloss; Gary Coretti;, James McCarthy; Richard Wind (not present); Thomas Biegun; Allen. Cooper; John Foreman; Michael Barnes; Erwin Grumet;, Richard Burrows;Andy Dunlap; David Thrash; Richard MacDermott; Craig Dougherty; Terry Wheeler,) Gentlemen, I know I speak for the members of this Council and, through us, the people of the City of West. Covina when I express to you our personal gratitude and express commendation for the act you engaged in in the assistance of Officer Kortan on November 12, 1966, These certificates are only a small token of the measure of our appreciation, I hope you will treasure them in the same spirit in which we present them, Police Chief Sill: It'is a very heartening thing to know that the young people of this community recognize their responsibility and do something about it when they see their law enforcement officers in this type of problem, I wish to thank them very much on behalf of the Police Department, CITY CLERK'S REPORTS PROJECT MP-67010 LOCATION: City Yard - 825 South • ACCEPT INSTALLATION OF UNDERGROUND Sunset Avenue, STORAGE TANK, PUMPS AND APPURTENANCES Accept underground storage tank, A,,W, Jamieson pumps and appurtenances, APPROVED Authorize release of 10% bid bond in the form of a Cashier's Check for $360; Glendale Federal Savings and Loan Investment Certificate No, 1-803309 for performance bond, and Glendale Federal Savings and Loan Investment Certificate No, 1-803310 for labor and material bond. Staff recommends acceptance, -2- C, G, 11/28/66 Page Three PROJECT MP-67010 m Continued • Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to accept. underground storage tank, pumps and appurtenances .n Project MP-67010 and authorize release of 10% bid bond in the form of a Cashier's Check for $360.00; Glendale Federal Savings and Loan Investment Certificate No, 1-803309 for performance bond, and Glendale Federal. Savings and Loan Investment Certificate No, 1-803310 for labor and material. bond, PRECISE PLAN N0, 423 ACCEPT GRADING IMPROVEMENTS Marvin. Wagner APPROVED Falls Insurance Company bond No, Staff recommends acceptance, LOCATION: Northeast corner of Nogales and Valley, Accept grading improvements, Authorize the release of Glens 98-05-59 in the amount of $5,750. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to accept the grading improvements in Precise Plan of Design No, 423 and authorize release of Glens Falls Insurance Company bond No, 98-05-59 in the amount of $5,750,00, is ACCEPT PLAN N0, 1879 REV, 1 ACCEPT SIDEWALK IMPROVEMENTS CIVIC MEDICAL CENTER Dr, Snyder APPROVED • LOCATION: 122 North Lang, between Garvey and Harbert. Accept sidewalk improvements. Authorize release of cash deposit in the amount of $800, Staff recommends acceptance, Motion by Councilman Nichols, seconded by Councilman Gillum, to accept. the sidewalk improvements in Precise Plan of Design No, 187, Revision 19 and authorize release of cash deposit in the amount of $800,00, Councilman Gleckman: The warrant is for $893,00, According to the agenda, they only want $800,00, Which figure is correct? .. City Manager, Mr, Aiassa: Councilman Nichols: Councilman Gillum: The cash deposit is $893,00, I will amend my motion to the figure of $893,00, I will accept the amendment, Action on Councilman Nichols' motion: Motion passed, PLANNING COMMISSION REVIEW PLANNING COMMISSION ACTION OF NOVEMBER 16, 1966 So indicated by Mr, Flotten, No items called up by the Council, -3- C, C, 11/28/66 Page Four PLANNING COMMISSION - Continued • GENERAL PLAN CONTRACT HELD OVER City Manager, Mr, Aiassa° (Gave brief summary of this matter.) (Councilman Snyder entered the chambers at 7:55 o'clock P.M.) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the matter of the proposed agreement with Williams, Cook and Mocine / be held over to the first adjourned regular meeting of the City Council on December 5, 1966, Councilman Nichols: I hope that between now and the time this does come before us for a study session that the staff will review this again, I believe there are errors in it, factual errors, which would constitute a gift of public funds, On Page 11 it lists an item under the first sketch plan, Item C-8, the charge of $3,190,00, Going back on Page 4 you will see C-1 through C-7 but no C-8 listed at all, I think this matter should be carefully looked at again, SCHEDULED MATTERS • 'HEARI'NGS PRECISE PLAN NO, 509 (R) LOCATION; 818 West Cameron, Virgil F, Nelson APPROVED Request for approval of a precise plan for an ice vending machine in Zone C-1 approved by Review Board on September 28, 1966, Called up by City Council on October 3, 1966, Hearing closed on October 24, 1966; matter referred back to Planning Commission for report, Councilman Nichols: I disagree with the findings of the Planning Commission, I think they are erroneous. I couldn't possibly go along with them in terms of the subsidiary structure being completely acceptable, Councilman Snyder: At our last regular meeting we approved an ice vending machine in a residential zone on a variance, It was still termed a vending machine, The issue is boiled down to what this is, whether it is a vending machine or a building. It seems to me if we call it a vending, machine in one case and in this case we call it something else because we want to be more technical in this case, then this is part of the issue, • Councilman Gillum: I think if you will check in the Minutes we asked the City Attorney if that ruling would have any bearing on this particular application and I'am.sure that he informed us that they were two separate cases and one would not have bearing on the other, Councilman Gleckman: Under our Code 9211,1, Limitation on Permitted Uses in the C-1 Zone, I want to read something to the Council and see whether the interpretation that we are getting here has nothing to do with the -4- C, C, 11/28/66 PRECISE PLAN NO, 509 (R) - Continued Page Five istructure or the vending type machine we are talking about, "All uses shal.l.be conducted wholly within a, building, including storage and display of merchandise except incidental permitted advertising signs and off-street parking and the following uses: Amusement devices; vending, machines; weighing scales; and the sale of flowers, newspapers, nursery stock only by such places customarily selling such goods," Is there a division in this where they are saying "amusement devices", any type of amusement devices; "vending machines" any type of vending machines; "weighing scales", any type of weighing scales; or are they referring to'bnly by such places customarily selling such goods"? City Attorney, Mr, Williams: T believe there is an ambiguity. Some of these uses mentioned including vending machines are not uses that were previously mentioned in the uses permitted in the C-1 zone, By inference, by saying they may be conducted out of doors instead of indoors, there is an inference that they are permitted. Tt seems to me you have two problems involved in this particular case, One of them is the interpretation of what this vending machine means in the section you just read, Clearly it was contemplated that some vending machines were permitted in a C-1 zone or that section wouldn't read that way, • It seems to me the interpretation adopted by the Planning Commission of this City or this City Council by revision of the ordinance or however itis done should be to define what you mean by a vending machine, I don't think ice vending machine has a dictionary precise definition and I think it should say, and this is my personal opinion, that an ice vending machine and then express the conditions -- which does not involve the presence of any person within the machine to deliver the ice; which does the delivery automatically upon the deposit of a coin; which involves no storage of ice or bags or other commodities for use in other locations; et cetera, shall be considered a permissive use in C-1, What I am trying to say is that I think the words "ice vending machine" are not. sufficient by themselves, There should be a definition with conditions attached to that which is automatically permitted in C-1. Then the question is does this particular case fall within that which is permitted in C-1, That is for you to determine but not having answered the first question, it becomes rather difficult to answer the second question, Councilman Gleckman: Following the same trend of thought, there are two other parts to this Limitation on Permitted Uses in C-1 and the second says: "Uses permitted by variance or unclassified use permit and legal non- conforming uses which customarily are not conducted wholly within a building", I don't know whether the quarter or whatever the price of the slot that exists outside the building that you push in in order `to get the ice would-be considered as something that is outside the building, "any other use which -is found by the Planning Commission pursuant to Section 9219,4 of this Code to be a use which need not be conducted wholly within -a building." Referring to Section 9219.4. "Clarification of -Ambiguity or Omissions If ambiguity or an omission arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or if ambiguity exists -5- • Ca_ Co 11/28/66 PRECISE PLAN NO,, 509 (R) ® Continued Page Six with respect to matters of height, yard .requirements, area requirements or sound boundaries as set forth herein and a.s they may pertain to unforeseen circumstances, it shall be the duty of the Commission to ascertain all pertinent .facts and by resolution of record set forth its findings and its interpretation and such resolution shall be forwarded to the City Council and, if approved by the City Council, thereafter such interpretation shall govern." Councilman Snvdere approval of a vending, machine for ice nobody here was having any difficulty machine or a building, My understanding was two weeks ago we passed by variance an in an Rml zone,, That night about whether it was a vending Councilman Nichols-, I could not go along with the installation of this structure at that location if it included the attachment of the additional building,, I believe the Planning Commission's recommendation constitutes a reasonable answer to this problem and am prepared to support it,, Councilman.Gillum-, the other installations from this installations capable of crushing machine? Mr,, Virgil Nelson: Councilman Gillum, Mr,, Nelson, is this building going to supply crushed ice to one machine or are the other ice and submitting it at their own There is an ice crusher in every vender that vends crushed ice,, The crushed ice made in this machine will be used only in this machine? Mr,, Virgil Nelson; This is correct,, Public Services Director, Mr,, Past-, The Planning Commission said that the second building if it is used for warehousing of materials for use in other areas was prohibited in C-1 zone, They further stated that any storage attendent to a use on that particular site in C®1 was allowable,, Councilman Snyder-, I would go along with the Planning Commission's recommendation,, Motion by Councilman Nichols, seconded by Councilman Snyder, that Precise Plan of Design No, 509 (R) be approved to include the recom.�­ mendations of the Planning Commission Nos,, 1 throug-h 6B in their report of November 25, 1.9661; that this approval be subject to the conditions recommended by the Planning Commission in their resolution approving this precise plan,, Councilman Gillum-, This would allow the structure or the vending machine but would not allow the storage area in the back? Mayor Kriegers The storage would be limited to the storage.of materials used in the use on the property in question,, so • n U C, C, 11/28/66 PRECISE PLAN NO, 509 (R) - Continued Page Seven Action on Councilman Nichols' motion: Motion passed on roll call as follows: Ayes: Councilmen Nichols9_Snyder, Gleckman Noes: Councilman Gillum, Mayor Krieger Absent: None Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that this matter be .referred back to the Planning Commission to clear up this ambiguity, in the description of permitted uses in C-1 zone Motion" -by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the Planning Commission be instructed to review the usages allowable at present in the C-1 zone and, if possible, recommend elimination of such usages that could possibly be put into an unclassified use permit where it would be more desirable to have usages come under some type of regulation by the City Council, AMENDMENT NO, 77 City Initiated (Abatement of Nuisances) HELD OVER City Clerk, Mr, Flotten: Mayor Krieger: Request for amendment to the Municipal. Code concerning the abatement of certain nuisances in residential zones approved by Planning Commission Resolution No, 1930, (Read Planning Commission Resolution No, 1930,) This is the time and place for the public hearing, There being no public testimony, the public portion of the hearing was closed, --�— Councilman Nichols: I believe this is a defective ordinance, I think it was passed in haste due to lack of consensus. I think it would be another ordinance on the book that would be literally and absolutely impossible to enforce, Under this ordinance if I drove my automobile into my driveway in front of my house and changed a spark plug or the points, I would be violating a City ordinance, I would feel certain things had to be added to it; that in that first section a time factor should be included so that none of these areas below would become infractions of the law until a certain time period had elapsed, Secondly, if any portion of the yard was screened from public view, that these aspects of this ordinance would not be applicable, Councilman Snyder. - am concerned about A and B. don't think we are prepared to for:t4is ordinance.. I think that is a vast improvement, I can understand C and D. but If those provisions were added, and I add them here tonight, then I could vote Motion by Councilman Gillum, seconded by Councilman Nichols, that this matter be returned to the Planning Commission with these recommendations that have been suggested this evening as far as a -time limit allowable on such items as No... A and B. and that it would be allowable if suitably screened from public view; that the Commission report back to the Council on these language clarifications, -7- Ca C, 11/28/66 Page Eight AMENDMENT NO, 77 - Continued is consideration Nichols- I would suggest they give consideration to the possibility of wording something to this effect; "No person shall, , , exposure to public view for a period exceeding 24 hours," That would be in the beginning paragraph, In Section A under "Repair. and Dismantle" may I suggest the possibility of considering, "Repair, dismantle or disassemble in such a fashion as to cause to be in a state of disrepair or immobilized". This would tend to enable, Ithink, our people to remove these junk heaps and parts out of the way, Mayor Krieger- I don't know whether or not this is the desirable mechanism to arrive at what we want to do, Tt seems to be the consensus of the Council that philosophically we are in favor of this type of ordinance,, As long as we are talking about language, I don't $link our Planning Commission is the draftsman in this matter and it could very easily be referred to the City staff for language amplification, Councilman. Nichols- I will withdraw my second, Councilman Gillum- I will withdraw my motion, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council refer this matter to the staff and the City Attorney for further review and resubmittal to the Council at a future date, RECREATION & PARKS REVIEW ACTION OF NOVEMBER 229 1966 ' Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the staff be authorized the investigate the availability of any unused or excess land on Sunset School property for future use of the Recreation and Park Department, F Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Items 1 through 8 with the exclusion of Item No, 7 of the action of November 22, 1966 be received and placed on file, GENERAL MATTERS ORAL COMMUNICATIONS ROARING 20's Mr, Allen Lampkin The City has denied my on -sale • 909 Orangegrove Place beer license and also my business South. Pasadena license; a protest to the A,B,C. In the letter from the Department of A,B,,C, it states- "If our area office recommends approval of the application, we will schedule a hearing on your protest" addressed to the City, "before a hearing officer of the Office of Administrative Prncedure, If the application is denied, the applicant may request a hearing, If such request is made, the hearing on your protest will be held at the same time,," I would like to call your attention to the fact that I had a hearing administered before the C, C, 11/28/66 ROARING 20s ® Continued Page Nine Business and Commerce Agency, Department of administered • by the. Office of. Administrative Procedure when I applied for my real estate license. I was granted a real estate license by the State of California, It is my hope that on the basis of my presentation tonight the Council will judge me sufficiently rehabilitated and withdraw the protests and grant me a business license without the necessity of another hearing before the Office of Administrative Procedure. 0 :7 In the background of the two arrests mentioned by Chief Sill in his letter to the Department of A,B,C,, the first arrest was drunk and disturbing the peace, That was made in October of 159. I became 21 years of age in October of 159 and I had been honorably discharged from the Navy approximately 30 days prior to the arrest, I had no previous arrest or juvenile record, To the second arrest, a charge of burglary, I would like to read the testimony given under oath during my hearing by a public defender attached to the Public Defender's Office, Hall of Justice, (Read said testimony,) (Presented letter from Mayor of Alhambra to Mayor Krieger for reading in full,) I understand you received a letter from the past Mayor of San Gabriel, This is a letter from Merril Wesley Francis who is the United Crusade Chairman of the San Gabriel Valley, I have worked on the United Crusade this year, I was instrumental in several new members for the Y,M,C,A, drive, I am a member of the Chamber of Commerce and I own a small,. -retail store in Alhambra, I am a member of the Alhambra Toastmasters, I have beenissued a Notary license, I have been granted permission to enroll as a law student by the California Bar, This is very important to me and I realize my past mistakes and I hope that I have learned from my mistakes and I hope that the City Council will reconsider and remove the protest from the license, Mayor. Krieger: We have Chief Sill here this evening, Chief Sill, is there any comment you care to make on this matter? We have your full written report, Police Chief Sill-, Mr, Lampkin came to my office and discussed this matter with me, It was my opinion then and still is that while he perhaps has taken some steps toward rehabilitation, I believe that the proper procedure would be to let this matter go to hearing and let the State Board who is most concerned with this, the A,B,C, Board, make the decision.on whether he is or is not rehabilitated, Councilman Snyder-, Is it not true that the State Board has this material without it coming from you and that this is merely an added protest? They don't depend upon,you to send this past record, the A,B,C, Board? Police Chief ajll arrest and so forth, It board but, of course, you whether he could possess are concerned with here i establishment, . Councilman Snyder-, The applicant fills out a form which indicates this previous is true he has had a hearing before another must realize that that hearing was determining a real estate salesman's license, What we s the ability to run an on -sale beer Your protest, then, was based upon this record as you saw it? C, C,, 11/28/66 Page Ten ROARING 20s ® Continued • Police Chief Sill-, Yes,, Councilman Snyder.- It is just as legal to sell beer in the State of California as it is to be a real estate salesman, is it not? Mayor Krieger: Councilman Snyder-, not in another? That is my point, Councilman Gillum-, Both require a license to be issued by the State of California, That is the similarity, Why do we say that the record would affect in one case and We are talking about two different types of businesses; two different types of environments, Mayor Krieger; You obviously had some discussion with Mr. Lampkin before your recommendation was submitted to the Council, Police Chief Sill-, No, This was afterwards,, Mayor Krieger-, Is there anything in your sub- sequent conversation with Mr. Lampkin or the material that Mr. Lampkin obviously made available to you that would cause you to change your recommendation in any respect? Police Chief Sill-, He indicated he was going to get these letters from the various mayors of the Valley communities,, I would not change my recommendation, Councilman Nichols I would like to be able to concur with the Chief, but I don't, I don't see anything in this record now, now that it has been explained to me, that should stop this man from having an opportunity to engage in this business, The man states he feels he is rehabilitated, He is an adult now, We have had, I recall, since I have been on the Council difficulty with one establishment that was in existence and we found ways and means in this City to cope with that problem,, I am sure if this gentleman should prove that our faith in him was misplaced that we could find legal and ethical ways of handling any problems that arose,, I would favor withdrawing our protest, and so move, Councilman Snyder: Second the motion, It seems to me if you on v isten to the words of this man that there is some evidence that he has been rehabilitated, The fact he was involved in some minor serious offenses which occurred when he was much less mature, I think you have to believe a man is rehabilitated to rehabilitate him. For that reason, I seconded the motion, Councilman Gleckman-, I put a lot of faith in Chief Sill,, I think maybe it is my nature as somebody that would not prejudge a man until I met him or looked at all the evidence, and, again, I in no way want any interpretation of what I am saying to have the slightest bearing on what Chief Sill has recommended, but I also am going to go along and give this gentleman the chance that he is asking for,, m10® C, Co 11/28/66 Page Eleven ROARING 20s ® Continued • Councilman Gillum: I can understand the gentleman's feelings and T am sure we all made mistakes, but I have one thing to save We have asked the.Police Chief of this City after hearing the additional testimony, after seeing the letters submitted by different mayors and councils in the San Gabriel Valley and this man and his people work with these problems every day, and if he still .feels at this time that it should go before the hearing board, then I am sure it is for reasons of his professional background and therefore I would have to support the Police Chief and ask that the protest go to hearing, I am opposed to withdrawing, our additional protest, Mayor Krieger: If the City takes no affirmative action on this, in other words, we do not authorize a protest to be filed, the A,B,C. Board still goes ahead with their investigation that they would follow in any event? Police Chief Sill: Yes, Mayor Krieger: Does it take the form of a regular hearing? Police Chief Sill: No, Mayor Krieger: It would only be then if a protest were filed by the City that a hearing would be held unless their investigation determined that he should not be granted a license and he requests the hearing; is that true? Police Chief Sill: Yes, I think we are dealing with a problem here which may bring some bearing on the Council at a later date because when we make an investigation. based on the information we are able to acquire about the person, we present the facts to you as the Council recommending as, in this case, a protest and then at some later date when the person in question has an opportunity to appear before the Council we make a reverse and ask that our letter of protest be withdrawn and then I think that is what is being done in this case, I think it may have the tendency for other matters like this in which the Council sets itself up as it has in this case as a board to determine the rehabilitation of this person, The A,B,C, has hearing officers who are very capable and perhaps they will feel the same way when we have all this evidence presented to them, When you ask me would I withdraw my comments, if I would change them, my answer is "No" because I want this board to make the determination -" It will be to this man's advantage, I believe, to have this matter It at that level where these people are used to hearing these types of things and making these deliberations, Mayor Krieger: It is not basically our province to determine whether or not Mr. Lampk.in or anyone else applying for a license -within our City has been rehabilitated, We don't have that power, We do have a report from our. Chief of Police whom we have delegated to conduct these investi- gations. There have been instances in the past where a recommendation of no protest has been reversed by the Council and no protest at all was filed by the City,- In -the present instance, the report of the Chief stands, I believe Mr, Lampkin is entitled to a hearing, but not the type of hearing that this Council can grant him because it is C, C, 11/28/66 Page Twelve ROARING 20s ® Continued • not within our province to either grant or deny the license .in question, I think it would reflect basically upon the ultimate question if. this Council were to decide for itself ✓that this man should be granted a license by the A,B,C, when it is not within our Power or province to grant such a license, If we are going to ask for a documented recom- mendation, we have one, I see nothing that would suggest that the cbcument:ed recommendation should not be sustained and turn to the A.B.C. Board for a hearing on all of the evidence, Then if they within their discretion and judgment and responsibility sav that this man should be granted a license, then it will stand or fall on the merits of their determination, What I am afraid of is by default it will stand or fall on the determination of merits by us and we -have absolutely no powers over that license once it is issued except to object possibly to the way that the business is operated, Councilman Snyder: I don't believe this protest should have:been..entered in the first place on the basis of the record as it has been cleared. here. Secondly, this protest will, in effect, give this man an additional hurdle to overcome in his attempt to rehabilitate himself, Councilman Nichols: I think sometimes we reach the point where we consider ourselves as elected representatives of the citizenry almost sinful if we don't follow recommendations of those who are civil servants, I don't think that is necessarily true, It is quite conceivable that the original recommendation could have been in error because all of the facts obviously were not known by either the Chief or any member of this City staff nor were they all presented to us at the time they requested us to protest, I concur wholeheartedly with Dr. Snyder's position on this, Action on Councilman Nichols' motion: Motion passed on roll call as follows: Ayes: Councilmen Nichols, Snyder., Gleckman Noes: Councilman Gillum, Mayor Krieger Absent: None GALAXY.TRACT Mr, Howard Leaderman Several of the citizens would 3408 Lemington Drive like to ask the Council to West Covina consider another adjourned meeting in our area at Hollingworth School, I think the City should communicate with the people in that area and tell them where the trees came from; that they belong to the City, Last Saturday we had a prowler in our area and the police were • there and were very helpful. Please think about the possibility of another meeting in our area, m12® • C`, C, 1.1/28/66 GENERAL MATTERS - Continued WRITTEN COMMUNICATIONS MARTINFETROL.EUM OF CALIFORNIA Page Thirteen Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the letter from Martin Petroleum of California be received and placed on file; that the Mayor be authorized to acknowledge i,eceipt of said letter. CITY ATTORNEY ORDINANCE NO, 984 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Animals OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE KEEPING OF ANIMALS IN THE CITY" Motion by Councilman Gillum, seconded by Councilman Gleckman, to waive further reading of the body of the ordinance, Motion by Councilman Gillum, seconded by Councilman Snyder, that said ordinance be adopted, Motion passed on roll call as follows. - Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absents None Said ordinance was given No, 984, ORDINANCE N0, 985 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Grand Avenue OF WEST COVINA CONSENTING TO THE IMPROVEMENT OF PORTIONS OF GRAND AVENUE IN SAID CITY BY THE COUNTY OF LOS ANGELES" Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Gillum, seconded by Mayor Krieger, that said ordinance be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said ordinance was given No, 985, RESOLUTION NO, 3494 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Variance->-�597 --Nelson OF WEST COVINA GRANTING A VARIANCE" (Nelson) Mayor Krieger: Hearing no objections, we will waive further reading of the body of the resolution, -13- • • C, C, 11/28/66 Page Fourteen RESOLUTION NOa 3494 - Continued Motion by Councilman Snyder, seconded by Councilman Gleckman, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen. Gillum, Nichols, Snyder, Gleckman Noes: Mayor Krieger Absent: None Said resolution was given No, 3494, RESOLUTION N0, 3495 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Precise Plan 510 OF WEST COVINA APPROVING PRECISE PLAN OF Nelson DESIGN NO, 510" (Nelson) Mayor Krieger: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution was given No, 3495, RESOLUTION NO, 3496 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Zone Change 369 OF WEST COVINA DENYING A REQUEST FOR CHANGE Standard Research Corp. OF ZONE" (ZC 369, Standard Research Corp,) Mayor Krieger: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Gillum, seconded by Councilman Gleckman, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Glckman, Mayor Krieger Noes: None Absent: None Saidresolution was given No, 3496, RESOLUTION N0, 3497 . ADOPTED Unclassified Use pp rm t ll 13 S?an and Research Corp. Mayor. Krieger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING UNCLASSIFIED USE PERMIT N0, 113" (Standard Research Corp,) Hearing no objections, we will waive further reading of the body of the resolution, -14- C, C, 1.1/28/66 Page Fifteen RESOLUTION NO, 3497 ® Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absents None Said resolution was given No, 3497, RESOLUTION NO, 3498 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Annexation 203A OF WEST COVINA ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS 'SOUTHERLY ANNEXATION DISTRICT N0, 203A' AND AN AFFIDAVIT OF PUBLICATI-ON THEREOF AND APPROVING THE CIRCULATION OF THE PETITION" Mayor Krieger° Hearing no.objections, we will waive further reading of the body of the resolution, Motion by Councilman Gleckman, seconded by Councilman Snyder, that said • resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution was given No, 3498, RESOLUTION NO, 3499 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Administrative OF WEST COVINA ESTABLISHING THE CLASS Assistant SPECIFICATION FOR ADMINISTRATIVE ASSISTANT ATTACHED HERETO AND AMENDING RESOLUTION N0, 1277 TO ESTABLISH SAID POSITION" Mayor Krieger: Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None • Absent: None Said resolution was given No, 3499, 15�1M C, Co 11/2.8/66 CITY'ATTORNEY Continued Page Sixteen • RESOLUTION N0, 3500 The Citv Attornev presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Holiday safety program OF WEST COVINA SUPPORTING; A HOLIDAY SAFETY PROGRAM OF NATIONAL SAFETY COUNCIL" Mayor Krieger: Hearing no objections, we will. waive further reading of the body of the resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent.: None Said resolution was given No, 3500, ORAL COMMUNICATIONS (Continued) WILD ANIMAL ORDINANCE (No, 984) • Mr, Bouman This law is brought about by Flair Pet Shop several news articles which 1118 East Garvey relate to the exotic cats that West Covina have escaped here in West Covina and other communities in the area, In regard to the law which has been passed tonight, our main concern is the exotic cats along with a few other animals. I have been onthe telephone for the last three days and talked to the Public Health.Department which covers all animal bites. The recorder there told me that from the beginning of 1966 to September, 1966 there were 49946 registered bites; of these, they could find no recognition of any exotic cat bites or quarantine. These are all warm- blooded animals, not snakes, The Humane Society states there are approximately two cats per year escaped and returned by their organization. No bites; no quarantine, The Pound Department, which also covers part of the incorporated area have registered number of nine to ten cats; again, no bites; no quarantines. We claim there is no merit for part of this law. Part of it we understand. We feel the law could be better benefited to all if the law was pertained to certain restrictions that animals be declawed or defanged through veterinary procedures, These are very timid and tame little cats to their owners. The way.this is written it says "wild and dangerous animals", Who will clarify what animals will fall under this law? Mayor Krieger: The definition of wild and . dangerous animals is spelled out inthe ordinance. The determination as to violations are vested with the staff as far as the enforcement of these ordinances are concerned. Will the animals now in ownership be affected by this law? City Attorney, Mr, Williams: Yes;,they would be, Mr. Bouman: I wish the council would reconsider this law and possibly reword it. We feel the small percentage is less than one per cent of ownership of certain animals, -16- C, C, 1.1/28/66 Page Seventeen WILD ANIMAL ORDINANCE (No, 984) - Continued • Mr, Bruce Kitchen T am interested in this ordinance, 4001 Manderly Tn your definition of "wild" you West Covina include Just about everything except dogs, cats, and fish. This would make it illegal to own any of these animals this gentleman was talking about, But in your, other section, 4301, you are defining the safekeeping of animals and you say that a horse or a cow or whatever else it might be if it is maintained in a situation where it could not be a danger to the public then it would be all right. In that same section you also state that wild animals may be kept if they are maintained properly, When can we as a public know when this is going to be brought up again or what your reaction is? Mayor Krieger: The ordinance as such is effective 30 days after the adoption, which means 30 days after tonight, There is no further agenda item to consider this matter again, • Mrs, Jean Dunn We had a cat imported when she 6602 Montclair Drive was eight weeks old from Riverside Columbia, South America, We had her defanged and declawed, She is as tame and domesticated as a nice pussycat roaming the street except she has had all her shots and is a perfect pet, If you people could see these animals in our homes, not running loose on the streets, but confined and treated well, maybe you would reword your ordinance or examine it a little further, It would save a lot of people a lot of heartache., City Attorney, Mr, Williams: The ordinance provides that it shall not apply to the transportation of any such animal through the City provided safeguards are taken to prevent its escape nor to any circus show or event showing the exhibition of such animals, The answer, if there is an answer in this ordinance, to those remarks which were made I think would be in the definition of "dangerous", (Gave summary of this matter,) Mayor Krieger: I would suggest that the people who have such questions direct them to the staff of this City and if they desire a further comment by the Council of any matter having to do with this subject matter that they address a written communication to the Council, CITY MANAGER SISTER CITY VISITATION - REQUEST FOR COUNCIL PARTICIPATION AND RELEASE OF FUNDS • Mayor Krieger: This matter is to be deleted. The visit has been cancelled. Motion by Councilman Gleckman, seconded -by Councilman Snyder, and carried, that this item be deleted from the agenda, -17- • U C. C, 11/28/66 Page Eighteen CITY MANAGER - Continued CIVIC CENTER LAND EXCHANGE Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the Mayor and City Clerk be authorized to execute the necessary instruments regarding this matter; that the report be received and placed on file, CIVIC CENTER STATUS OF PUBLIC AUTHORITY Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that this matter be held to the adjourned regular meeting of the Council on December 5, 1966, CORTEZ PARK ADDITION Motion by Councilman Nichols, seconded by Councilman Snyder, that the City Council authorize the City Manager and the staff to spend a sum of $19200,00 or less to obtain an appraisal on the lease -hold portion of Cortez Park, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent; None SWIMMING POOL ORDINANCE AMENDMENT Councilman Nichols: Move that the City Council direct the City Attorney to amend the proposed fencing ordinance, Section 8118 as suggested in the final paragraph of the memorandum from William Fowler to the City Manager and City Council dated 11/25/66, City Attorney, Mr, Williams: City Engineer, Mr, Fowlers (Gave summary of this matter,) (Cave summary of this matter,) Councilman. Nichols: I will withdraw my motion. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that this matter be referred to staff .for further report, REVIEW BOARD MINUTES November 7, 1966 Motion -by Councilman Nichols, seconded by Councilman Gillum, and. carried, that the Review Board Minutes of November 7, 1966 be received and placed on file, n U • C, C11 11/28/66 CITY MANAGER - Continued CITIZEN COMPLAINT P, Ho Lusardi. Page Nineteen Motion by Councilman Nichols, seconded by Councilman rillum, and carried, that the City Council direct the City Manager to have a representative member of the staff contact Mr.. Lusardi and inform him that a careful investiaati.on reveals that it is not nractical to install anv additional storm drains in the area; that the Citv does recognize some problem currently exists and will for sometime in the future and the City will continue all reasonable efforts to maintain the cleanliness of the street, RESOLUTION NO, 3501 The City Manager presented; ADOPTED "A RESOLUTION OF THE CITY COUNCIL OASDI agreement OF THE CITY OF WEST COVINA AUTHORIZING AND DIRECTING THE AUTHORIZED AGENT TO EXECUTE THE AMENDMENT TO OLD ACHE SURVIVORS AND DISABILITY INSURANCE AGREEMENT WITH THE STATE OF CALIFORNIA" Mayor Krieger: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snvder, Gleckman, Mayor Krieger Noes: None Absent: None Said resolution was given No, 3501, CURBSIDE DELIVERY OF MAIL Mr, Gaddis T, Maddox West Covina Postmaster 1610 East Workman Avenue Basically I don't expect any problems whatsoever in this area, (Gave summary of this matter,) Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the report re this matter be received and placed on file, LOCAL WATER COMPANIES - RATE COMPARISON City Manager, Mr, Aiassa; (Gave summary of this matter,) Motion by Councilman Snvder, seconded by Councilman Gleckman, and carried, that the report re this matter be received and placed on file, ®19® C, Co 11/28/66 Page Twenty CITY MANAGER —Continued • LOS ANGELES COUNTY CONTRACT RATES FOR 1966-67 • 0 Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the report re this matter be received and placed on file, FREEWAY MODIFICATION Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that this matter be held over for the adjourned regular meeting of December 5, 1966, COMMISSION ON PREEMPTION Motion by Councilman Nichols, seconded by Councilman Gleckman, that the report re this matter be received and placed on file, Councilman Snyder: City Attorney, Mr, Williams: I think this report should be sent to the Commission, (Gave summary of this matter,) Action on Councilman Nichols° motion: Motion carried, (Councilman Snyder voted "No",) Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that the letter of Mr, Williams' plus the supporting informa- tion be sent to the League of California Cities' proper committee and also to this Commission if it is still in force stating that Mr, Williams, in effect, states our views; that this Council adopts the position stated by Mr, Williams, SURPLUS PROPERTY City Manager, Mr, Aiassa: RESOLUTION N0, 3502 ADOPTED Surplus property Mayor Krieger: (Gave summary of this matter,) The City Manager presented; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING HERMAN ROBERT FAST AND GEORGE ZIMMERMAN TO SIGN FORMS OF THE CALIFORNIA STATE EDUCATIONAL AGENCY FOR SURPLUS PROPERTY" Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes-. None Absent: None Said resolution was given No, 3502, -20- C, C, 11/28/66 Page Twenty -One 'CITY MANAGER - Continued 0 NEW CITY MAP Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, to accent the new man, Motion by Councilman Snyder, seconded by Councilman Nichols, that a warrant be drawn to the Chamber of Commerce of West Covina in the amount of $915,00 for the City map from the publicity and advertisement fund, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None 1911 ACT - PRELIMINARY REPORT Barranca Street Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the report re this matter be received and placed on file, • BUSINESS OUTLOOK CONFERENCE PASADENA - 11/30/66 Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council authorize the City Manager to send two or fewer staff members to the Business Outlook Conference in Pasadena on November 30, 1966, CBD SIGNS - FEASIBILITY Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this matter be held over to the meeting of December 12, DEPARTMENT HEAD CHRISTMAS LUNCHEON Motion by Councilman Nichols, seconded by Councilman Gleckman, that the Council appropriate not to exceed $40,00 for use by the City Manager in conducting a Department Head Christmas Luncheon, Motion passed on roll call as follows: Ayes: Councilmen Gillum, • Noes: None Absent: None CITY CLERK CLAIM OF LOWELL DENNIS Nichols, Snyder, Gleckman, Mayor Krieger Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this claim be denied and referred to the Los Angeles Police Officers' Insurance Fund, -21- • i C, Co 11/28/66 CLAIM OF LOWELL DENNIS m Continued Page Twenty -Two Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this claim be denied and referred to Pacific Indemnity Insurance Company, BAINBRIDGE CLUB REQUEST Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council authorize the Bainbridge Club to hold its annual New Year's Eve gathering until 2s00 A,M, of the following day for each subsequent year from 1966-67, City Attorney, Mr, Williamso Councilman Snyder. - Councilman Gleckman-, Technically there should be an amendment to the variance, I will withdraw my second, I will withdraw my motion, Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that the Bainbridge Club be advised by the staff as to the procedures to follow to amend their variance, CAMP FIRE GIRLS REQUEST TO SELL CANDY Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the Camp Fire Girls be given permission to sell candy from January 20th through February 7th of 1967, LOS ANGELES COUNTY HEART ASSOCIATION REQUEST TO CONDUCT FUND RAISING CAMPAIGN Motion by Councilman Nichols, seconded by Councilman Gillum, and. carried, to grant the request of the Los Angeles County Heart Association to conduct fund raising campaign during the month of February of 1967, ANNUAL POLICE AUCTION (12/3/66) and AUCTION.OF SURPLUS CITY PROPERTY Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to authorize the annual police auction for December 3, 1966, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council declare the items listed in the report. of November 28, 1966 as surplus to the needs of. the City and no longer of use or worth repairing and authorize the staff to dispose of same by public auction on December 3, 1966, -22- • C, C. 11/2.8/66 CITY TREASURER Page Twenty -Three Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that the City Treasurer's report for the month of October, 1966 be received and placed on file, MAYOR'S REPORTS LOS ANGELES COMMITTEE OF MAYORS City Manager, Mr. Aiassa-. (Gave summary of this matter.) Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that the City of West Covina do not join the Committee of Mayors of the City of Los Angeles County for current fiscal year. DANNY THOMAS TEENAGERS MARCH DAY Mayor Krieger: as Danny Thomas Teenagers March Day,, EDGEWOOD FOOTBALL TEAM COMMENDATION If there are no objections, I will proclaim December loth and llth (No objections voiced.) So proclaimed. Mayor Krieger.- If there are no objections, I will issue a proclamation commending the Trojan Football Team for their 1966 championship at the Mount View Football League,, (No objections voiced.) So proclaimed. COUNCIL COMMITTEE REPORTS MERCED AVENUE Councilman Nichols-. What is the anticipated schedule for paving of Merced Avenue and what is to be done with the portion of Merced that is just immediately east of Lark Ellen? Public Services Director, Mr. Fast-. The portion east of Lark Ellen as far as paving is concerned, we have now, as you see, the rock based on Merced, the crushed rocks in there. (Gave summary of this matter.) ®23® • 0 C, C. 11/28/66 COUNCIL COMMITTEE REPORTS - Continued MINUTES Councilman Snyder: City Manager, Mr, Aiassa: INFORMATICS 9 DATA BANK Page Twenty -Four Whatever harnened to the vellow .copy of the Minutes we used to get? They are now white, Councilman Snyder: Mr, Aiassa Rave me the information to present to the Council on the Informatics and the Data Bank, Apparently they are finished with their studies and now the Chamber of Commerce, I understand, has $500.00 to release to the Informatics upon Council's approval, (Gave summary of this matter,) Motion by Councilman Snyder, seconded by Councilman Gillum, and carried, that this matter be held over to the meeting of the 19th of. December with the Informatics man invited to attend, PROPERTY TAXES Councilman Snyder: With all discussion regarding lowerine, of property taxes and with the new Legislature and new regime, this may very possibly happen but there is one thing all the commentators and editorial writers have missed and that is this; That when you lower property taxes, particu- larly in cities, you take away our one source of revenue that we have the complete power to spend as we see fit. Unless there is a Constitutional amendment with this property tax reform, this is really a threat to local government. For us to support this without this Constitutional amendment is cutting our own throats. It is very well explained in this report given to the League of. California Cities, I think everybody should be aware of this. ADMINISTRATIVE ASSISTANT City Clerk, Mr. Flotten; I have an announcement to make. I have received official confirmation that December 31, 1966 will be my last day as Administrative Assistant. From January on I will only be the City Clerk. This is in line with my request for retirement from my administrative duties as soon as my member- ship in SERS could be firmed up, ANNEXATION. MEETING Councilman Gleckmans I would like to request that the Mayor and any Councilman wishing to attend, attend the annexation meeting which is being held Friday night, December 2nd, at the LaSeda School in Annexation area 193, The meeting will start at 7:30. -24- c, C, 11/26/66 • DEMANDS 0 0 Page Twenty -Five Motion by Councilman Gillum, seconded by Councilman Pleckman, to approve demands totalling $602,964,34 as listed on demand sheets C532 and B268 to 269, This total includes fund transfers, bank transfers, and time deposits, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger Noes: None Absent: None There being no further business, Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that this meeting adjourn at ll,:00 o'clock P.M. to Monday, December 5, 1966 at 7:30 o'clock P.M. ATTEST: CITY CLERK APPROVED � �� ✓ Z��/� i �/ MAYOR -25-