02-14-1967 - Regular Meeting - MinutesEl
MINUTES. OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
FE BRUARY 14, 1967.
The regular meeting of the City Council was called to order by Mayor Krieger at 7: 30
P.M. , in the Zest Covina City Hall. Councilman Snyder led the Pledge of Allegiance.
The invocation was given by Mr. Robert Flotten , City Clerk.
ROLL CALL
Present- Mayor Krieger, Councilmen Gillum, Nichols, Snyder, Gleckman
Also Present; George Aiassa, City Manager (Arrived late)
H. R. Fast, Public Service Director
Owen Menard, Planning Director
Harry Williams , City Attorney (Arrived at 7: 40 p.m.)
Ray Windsor, Administrative Assistant
Donald Russell, Administrative Assistant
Dick Bonaparte, President W . C . C . E . A.
Chuck Bahn , Representative of W . C . C . E . A.
APPROVAL OF MINUTES
Mayor Krieger, In looking over the minutes of January 16, 23 and Ath it is my
suggestion that before asking for the approval or disapproval
of the minutes of the 16th and 23rd that we ask City Manager
to delegate someone from his staff to sit down with the tape and
go back over the minutes, including that of the 30th, and get all the minutes in
order. In particular the minutes of the 16th and 23rd are impossible to read and
understand and certainly bear little similitrity to what took place before this body.
If' this represents the councils opinion, I would table the minutes until the meeting
of February 27th.
So moved by Councilman Gleckman, and seconded by Councilman Gillum, to hold the
matter of the approval of the minutes of January 16, 23, and 30th to the next regular
meeting and that they be checked with the tapes of each meeting.
CITY CLERK'S REPORTS
PROJECT SP-6325-1 AND
SP-67007
ACCEPT STREET IMPROVEMENTS
D & CG Concrete: Construction
LOCATION: Cameron Avenue from
Glendora to Lark Ellen
Avenues.
APPROVED Accept Street improvements and
authorize the release of Hartford
Accident and Indemnity Company per-
formance bond No. 3295498 in the amount of $69, 156. 10. Staff recommends
acceptance.
Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, to
accept street improvements and authorize the release of Hartford Accident and
Indemnity Company performance bond No. 3295498 in the amount of $69, 156. 10.
1
Co Co 2 14-67
PROJECT MP-67008
ACCEPT CORPORATION YARD OFFICE
AND WAREHOUSE ' FACILITY - RHEEM/
Page two
LOCATION: Corporation Yard
825 So. Sunset Avenue.
DUDLEY BUILDINGS DIVISION, RHEEM Accept Corporation Yard office and
'MANUFACTURING CO. warehouse facility and authorize
APPROVED the. release of Federal Insurance
Company performance bond No. 8031-67-25 in the amount of $ ll, 799. Staff recom-
mends acceptance.
Motion by Councilman Gleckman and seconded by Councilman Gillum, and carried, to
accept Corporation Yard office and warehouse facility and authorize the release of
Federal. Insurance Company performance bond:No. 8031-401-25 in the amount of
$11, 799.
PROJECT SP-67001 - APPROVE PLANS
"AND SPECIFICATIONS.- CITY
"PROPERTY SIDEWALK PROGRAM.
APPROVED
LOCATION. Various locations through-
out the City.
Review Engineer's report. .Approve plans and specifications for 1966-67 priority side-
walk.program. Authorize City Engineer to call for bids.
Mayor Krieger: Gentlemen, there is a report recommending that the plans and
specifications be approved and. the City Engineer be authorized
to proceed. with the advertising for bids.
•
Councilman Gillum: This again brings up the subject of the sidewalks m - is there
sometime in the future that the city is going to be able to dis-
continue this program? I know in our projected plans there are.
certain areas that we recommend sidewalks where school children travel - - but i#'
seems like we go on year after year and as time goes on people are going to demand`,`"
sidewalks in areas that we have not felt would be needed in the past and I wonder
how the council is going to handle it at that time. I realize there is. a need in
certain areas for sidewalks but we go on year after year investing taxpayers money
for only certain areas and it concerns me somewhat .....
Councilman Gleckman: In answer to Councilman Gillums remarks; I understand
this is a 5 year public works program and as far as the
continuance or discontinuance is, it is at the preroga-
tive of this council. I don't see how we can go ahead
and put in sidewalks in certain areas and not other areas, so I would suggest as
long as it is possible I would suggest that.we continue this program until every
section of this city in the particular areas we are talking about i� and around schools
are completed
Councilman Snyder: This is the main purpose of this program. When first
adopted by the Council I was opposed to this approach-,
but once adopted I felt we should go along with it
until the priority program was. completed. The balance of the sidewalks , where.
necessary, will probably have to be built by the 1911 act.
Councilman Gillum: There are going to be requirements for sidewalks in_
many of the areas annexed and I am concerned whether
We are going to beable to continue the program with
all the other needed services in those areas. I think the council sometime; maybe
not this year, but very soon should establish some kind of an order of recommenda-
tions for the annexed areas ........
0
C. C. - 2-14-67 Page Three
CITY -CLERK'S REPORTS CONTINUED
Councilman Snyder: The best way to handle it would be to .put it on for a
study session and then determine what our future policy
will be.
Councilman Gillum: Dr. Snyder you brought up a point that the 1911 Act can
be used, but for a number of years we. have been using
our present type of fund and then we come along and
say we can no longer support it and that they will have to use the 1911 Act. This
would not be fair to the people at that time.
Mayor Krieger: We do have a mechanism that we legislated where the
people come in for a certain amount of the improvements.
Councilman Gillum: It is just a concern of mine Mr. Krieger and I would like
sometime in the future that we would set up a study
session on this.
Mayor Krieger: I think a periodic review of the 5 year public works pro-
gram is a good idea.
Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, for
the approval of the plans and specifications for 1966-67 priority sidewalk program
• and the authorizing .of the City Engineer to call for bids.
PROJECT SP-67009 - LOCATION: Mobeck Street adjacent to Cameron Park..
APPROVE PLANS AND
SPECIFICATIONS STREET Review Engineer's report. Approve plans and specifics
IMPROVEMENTS tions for street improvement. Authorize City Engineer
APPROVED to call for bids.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to
accept plans and specifications for street improvements and the City Engineer be
authorized to call for bids
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT
PROJECT 743 AGREEMENT
FOR STORM DRAIN PROJECT
APPROVED
LOCATION: Orange Avenue and San Bernardino
Freeway.
Review Engineer's report: Approve Los Angeles
County Flood Control District. Agreement to ,f and
and construct realigned storm drain Project NO.
743. Authorize Mayor and City Clerk to execute
agreement.
iMotion by Councilman Gleckman, seconded by Councilman Gillum, and carried, for
,the approval of the Los Angeles County Flood Control District agreement to fund
and construct realigned storm drain Project No.. 743, and that the Mayor and City
Clerk be authorized to execute the agreement.
PROJECT TS-6443
"TT2AFFIC -SIGNALS --PROPOSAL
BY STATE DIVISION OF HIGHWAYS
APPROVED
LOCATION:. Citrus _ Street & South Garvey
Avenue.
Review Engineer's report. Approve basis of
funding for incorporation into agreement with
1
4
C. C. 2-14-67 Page Four
CITY CLERK'S REPORTS - Continued
State Division of Highways for installation of traffic signals.
Mayor Krieger: You have a report from the staff dated
February 10, 1967. Is there a motion?
Councilman Gleckman: I have a question prior to making any
motion. Does the city always assume
three -fourths of the cost?
Mr. Fast: No. This is in accordance with the form-
ula we discussed regarding the legs to a
signal. If there are 3 streets out of 4 that have city jurisdiction
versus County or State or another city, we assume that proportion. We
have many joint participation contracts with various jurisdictions. This
follows that format.
Councilman Gleckman: This is your recommendation to accept?
Mr. Fast: Yes, sir.
Mayor Krieger: Is there some reason why there wasn't a
recommendation in your report?
Mr. Fast: Because we are not approving the formal
agreement. The State's request to us
was very informal and was regarding the basis of funding available. We
• felt without it being in this year's budget, we should let the Council
know about this. We wanted to have authority to go ahead and write the
State that we plan to take from whatever source available. This could
have been in the form of a recommendation.
Mayor Krieger: In other words, you are just asking for a
tentative approval by the Council?
Mr. Fast: This is correct.
Motion by Councilman Gleckman and seconded by Councilman Gillum that the
City Council give tentative approval to the staff to notify the State
the money is to come from the Traffic Safety Fund and formal action is to
be taken after receiving the agreement from the Division of Highway.
Mayor Krieger:
Mr. Fast:
Councilman. Gillum:
Mr. Fast:
Councilman Gillum:
The assumption of the City is to partici-
pate at three -fourths of the cost?
Yes, three -fourths of the cost and the
State the balance.
Question. Is this signal going to be
installed in an area that will be changed
by the Freeway widening?
It is possible. We are hoping this to be
an immediate installation. We hoped for
it in 1964 and we need it now.
I agree we need it, but it seems foolish to
spend that money with possibly having to
turn around and spend again.
Councilman Gleckman: Am I correct, Mr. Fast, that this light,
if it goes in and the widening of the
Freeway comes along and it has to be changed or removed or altered in
any way, that the State does it at their expense, not ours?
C. C. 2-14-67 Page Five
0
I
CITY CLERK'S REPORTS - Continued
Mr. Fast: That is correct.
Mayor Krieger: Motion has been made and seconded. Are
there any objections? All in favor so
indicate. (All were in favor).
Motion carried.
(Mayor Krieger passed over Item 7 - due to inability of staff to pro-
duce resolution heading)
RESOLUTION NO. 3531 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
(Shulman Development Co.) THE CITY OF WEST COVINA ACCEPTING A
CERTAIN WRITTEN INSTRUMENT AND DIRECT-
ING THE RECORDATION THEREOF"
(Shulman Development Co.)
Mayor Krieger:
Hearing no objections, we will waive
further reading of the body of the
resolution.
Motion by Councilman Gleckman, seconded by Councilman Gillum, adopt-
ing Resolution No. 3531 accepting a certain written instrument and
directing the recordation thereof. Motion carried on roll call as
follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger
NOES: None
ABSENT: None
Said Resolution was given No. 3531
RESOLUTION NO. 3532
ADOPTED
Workman, Center, Valinda,
Cameron, Merced, Azusa,
Nogales, Valley
Mayor Krieger:
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA ADOPTING A
MODIFIED MAP AND REPORT OF ROUTES FOR
SELECT SYSTEM AND REQUESTING THAT
MODIFIED SYSTEM BE APPROVED BY CALI-
FORNIA HIGHWAY COMMISSION"
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. 3532
PLANNING COMMISSION
Mr. Flotten: There is one item on the Planning Commis-
sion of February 1, 1967, that has to do
with the report on the sign ordinance
recommendation of the Chamber of Commerce and the Council has that
before them tonight.
Mayor Krieger:
The action taken by the Planning Com-
mission was to hold over until their
meeting of February 24th.
Co C. 2-14-67 Page ,Six
RECREATION & PARKS Summary of action taken by the Recreation and Park Comm.
on January 24, 1967.
Mayor Krieger: We have 8 items and Item #4 requires specific council
• action.
Council action on Item No. 4.
Motion:by Councilman Gleckman, seconded by. Councilman Gillum, approving the
attendance.of two commissioners to the annual California Park & Recreation conference
in Fresno on -February 26 through March l.st, as proposed and approved in the.current
budget account#851.49 not to exceed $350. 00. Motion passed on roll call. as follows:
AYES: Councilman. Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
Mayor Krieger:. I trust that nowhere near that amount of money will be
spent on the conference for two people. It seems a lot
of money to me.
Mr.. Aiassa: That was strictly based on the $175.00 maximum set for
each person.
Mayor Krieger: May we have amotion on the other agenda items 1 through
8?
Councilman Nichols: I have a request to make. I have periodically observed
this type of a matter, especially with regard to item #7 .
Quite often we have coming up to the Council from the
.various groups matters for action and some of the pertinent information is left out.
Here is a case in point. Motion was made, etc. , etc, , hours changed as proposed
by staff, motion carried, and this tells the council next to nothing. Maybe the
hours were changed to 9 p.m.., br say 3 a.m. beginning at midnight ... -I believe
it would be reasonable to request the staff - those who create .the motions of the
various minutes to. attempt to include the germane facts in the motion and the action
taken.
Mayor Krieger: I think that is a fair comment. Who ever, sets up these
forms should include all that information. We are
hardly in a positon to take action on something as
vague as this. Maybe the motion appropriate would be that we will not accept the
items for motion until they are clarified.
Motion made by. Councilman. Nichols, seconded by Councilman Gleckman, and
carried, that the council would accept and approve the actions of the Recreation and
Park commission at their meeting of January 2.4, 1967, with the exception of Items
4 and 7.
Motion made by Councilman Nichols, seconded by Councilman. Gillum, and carried,
that the council direct staff to seek from the minutes the specific information as
to the change of hours on Item 7 and have it for the Council at its next meeting
CITY CLERK'S REPORT (Item #7)
RESOLUTION NO. 353.3
ADOPTED
Azusa .Avenue at Walnut Creek
Parkway
The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AUTHORIZING THE
EXECUTION'OF A QUIT CLAIM DEED IN FAVOR
OF BRUTOCO DEVELOPMENT CO. - PROJECT
RW-6407.
r
C. C.a 2-14•-67
CITY CLERK'S REPORTS - Continued
Page'Seven
Mayor Krieger: Hearing no objections wewill waive further reading of
the body of the resolution.
Motion made by Councilman Gleckman, seconded by Councilman Snyder, approving the
adoption of a resolution authorizing the Mayor and City Clerk to execute Quit Claim
deed in favor of brutoco Development Company - Project RW-6407. Motion passed on.
roll call as follows:
AYES: Councilmen Gillum; Nichols,, Snyder, Gleckman, Mayor Krieger.
NOES. None
ABSENT: None
GENERAL M ATTERS
WtITTEV COMMUNICATIONS
Mayor Krieger:. Item 1. Azusa Avenue Bridge � Side walk petition This
matter was referred to the staff once, wasn't it Mr. Fast?
Mr. Fast: No, this came in informally Mr. Mayor and was delivered
to the counter and as a result 'the City Manager recommended
this be referred to the staff for a report.
Mayor Krieger: We had a letter from a Mrs. Evans, her letter was
specifically in reference to the traffic side of the
sidewalk.
Councilman Gleckman: We did have a report on that - the staff went back to the
County and they were taking another look at it and they
were going to piut' it in their drawings.
Mr. Fast: That was on the walk side, 'however that is not the
subject of this petition.
Councilman Snyder: Before this is referred back to the staff, - instead of a
chain link fence on the traffic side, don't some bridges
have a rail?
Mr. Fast: We have had an opportunity since it came in to research
to some extent, and there are definite. problems with
regard to a straight forward response directly to this
petition. However, we feel there are certain: limitations thatcan be taken . We would
like to have an opportunity to make a further report on this..
Mayor Krieger:
How soon can you have a report for us?
Mr.. Fast: On the 2,�th of February.
Motion by Councilman Gleckman, seconded by Ceiincilman Gillum and carried, that
this petition and the subject of a chain fence, chain link fence, railing or similar
barrier; ruing. installed., on the traffic side of the sidewalk at Azusa Avenue bridge
be referred to the staff for a report at our next regular meeting.
Mayor Krieger: Item 2. Letter from East Hills Homepvners Association
regarding hazardous street conditions on Barranca Avenue.
Is this another matter the staff wanted an opportunity to
make a report on?
C a C o 2014-67 Page Eight
GENERAL MATTERS Continued
WRITTEN COMMUNICATIONS
Mr. Fast: Yes. - This will be .included -..in. the $arranca, Avenue project.
However, :if the -staff wishes.to have this letter acknowledged., -
we feel. .it is. generally. a, letter indicating :concern -for the
•traffic-1n. the area.. and unless -.you did wish a pa,rt.icuIar report on .this,. it is. felt ,it would be in. order
to advise that the City was aware of the .problem and, it:.is. under. the 5 Year Program and -the City,/is
working on ahis .
Mayor Krieger: We at,least have 1toacknowledge the letter and give notice
that we are working on.this program.
Motion. by Councilman Gleckman,. seconded by Counci Imon Snyder., and..carried, the letter be re-
.ferred..to the staff for a..re.ply, based -on: the capital improvements program.
Mayor Iqueger: This letter was addressed. -to., the Council so a.jetter should be
drafted for the Mayor's:signature? Any. discussion? Any
,.objection? None. So,ordered.
Item 3. Chamber of Commerce recommendotion:regard
i-ng
.Huntington Beach Freeway. This is a fetter over the�,s:ignature
of Mr. •Zar.tman,-President of the Chamber, dated February 1,
1967. Mr. Zartman is.here=this. evening, is there anything
you wanted. to add. to, this letter?
Mr.•Zartman,,-President: Not -to-:the letter - excep-t.information-.tha.t we intend to meet
•Chamber of Commerce with the Chamber.imCov.ina.and discuss. -and approach the Freev).ay
concept - also our neighbors to the South, .and will have a
further report to.make at a;later date.
Councilman Snyder: Shouldn't ,this also be referred...to-the- General Plan Committee
and the Huntington Beach. Freeway committee ... o .
Motion imade by Councilman Snyder,.seconded by Councilman Gillum, and carried,, that the,letter be
referred to the -Citizen's Blue Ribbon.Commiftee on, General - Plan.,
SCHEDULED MATTERS
B.I DS
PROJECT SP-67020 LOCATION: Cameron .Avenue,; Citrus Street and Wd'rkman Avenue.
STREET RESURFACING There were five bids rece.iued as -follows:
APPROVED
Griffith Company 10% bid:bond $ :7,852.40
Vernon 1Paving Co. " 7,946026
Su-I.Iy-Miller 8,080.20
Industrial Asphalt 9,004.86`
Laird Paving Co,. 9,152.20
Motion by. Councilman Gleckman, seconded by Councilman Snyder, and.carried,, that the -low unit
price bid for PROJECTiSP-67020, for street resurfacing be accepted and that.the that
and City Clerk
be authorized.;`ro execute an, agreement with Griff.i.th Company... -in, -the amount of $7,852.40.
PROJECT'.S-.TS-67004 & TS=67005 LOCATION: California Avenue at Cameron. Ave.
TRAFFIC SIGNAL INSTALLATIONS Cal.ifornia..Avenue`at,Center Street.
APPROVED There were .four bids received-ds follows:
S.te.iny and Mitchell 10% bid:bond , $24,161.00
Paul Gardner Corporation 25,086.00
Sherwin Electric Service 25,729.00
Smith Electric Supply 2.5,848.00
Page 9
PROJECTS 'fS-67004 & TS-67005 - Continued
Motion by Councilman. Gleckman, seconded by Councilman Snyder, and carried, that the lump
sum bid of $24, 161 .00 with Steiny & Mitchel, Los Angeles, as presented at the bid openings of
February 8, 1.967, be accepted, and that tte Mayor and City Clerk be authorized to execute an
agreement for this work
•
i
PROJECT, C0-6516-3 LOCATION: Community Youth Center, 1301 E. Cameron Ave
ADDITION TO COMMU'NI Y CENTER
APPROVED Where were three bids received in..five increments each.
Increments
Robert,J Hassett 1) $2„918�00
2) 6,590.00
3) 1,970.00
4) 1,232.00
5) 1,270.00
John P. Overholt 1) 2,759u00
2) 7,939.00
3) 2,312.00
4) 1,269.00
5) 1,842,00
John Walter Company 1) , 1,871 �00
2) 7,600,00
3) 2 100 �00
4) 1,590.00
5) 1,742000
Councilman Nichols. I notice the funds, for this project are from various sources and
.include several thousandsof dollars raised through activities
not directly with the tax support of the City. Do we have any money anywhere - where you could
come up with the $1200 or, $1300 needed to complete .this. project on this bid basis? `fhat.would
cover Item 4 of the bids that has been eliminated Itseems a rather insufficient amount.of money
not to go ahead at this time and complete
Mr. Aiassa. The staff felt that Item 4 could be done later cheapen We had
a_.meeting today on this and it. was so decided .
Mayor. Krieger. I How come our cost estimate was so far, off on .this?
Mn Aiassa. We had two problems. .#1 - remodeling an.existing building;
02 -,the specificatians and design we did was a.lettle complex
and, above all, it is not a big project. When.we remodeled the City Hall our first bids were away
out; people that do these .jobs usually bid a.little higher because they are afraid of losing on them.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that the bid of Robert J. Hassett
in. the amount of $12,748. which .includes bid items 1=2-3-5 only be accepted, and the Mayor and
City Clerk be authorized to execute an agreement with :the same Robert J o Hassett to do Project
C0-6516-3. Motion.carried on.roll call as follows.
AYES.
Councilman Gi.l lum,
NOES-
None
ABSENT.
Nome
GENERAL'MA TERS.(Reopened)
ORAL COMMUNICATIONS
Nichols, Snyder, Gleckman, Mayor Krieger
ZONE CHANGE REgUIFST (Albert Handler Property) Mr. Francis J. Garvey,, r281 E. Workman,W.C..
l have an oral communication on behalf of the property owner, Mr., Albert A. Handler
C. C. 2-14-67
OR,I, GOMMUNl_CATI S - Con.t3nued
A ZONE CHANGE REQUEST
(Albert Handler Property)
Page Ten
Mr. Garvey- Mr. -Hand �er4torecently had an application for a change in
zoning on. his property at the southwest co rner of Azusa
and Cameron Avenue, from R1 to combination of
multiple purpose uses; which application you denied. (Read letter.) Gentlemen, I
thank you for permitting me to address these remarks orally to you. and I earnestly
rec nest on behalf of Mr. Handler that you adopt a moti%n directing the Planning
Commission to institute the change of zone hearings and determine and assign to
the most important: and critical corner of the City, a zone designation which will
present its highest. and best: use. Thank. you.
(Mayor Krieger asked if he had copies of his verbal. presentation. Mr. Garvey
supplied copies to .the Council.)
THtRE WERE NO FURTHER 'ORAL COMMUNICATIONS.
CITY ATTORNEY
Item 16) ORDINANCE INTRODUCTION
TRIMMING TREES AND HEDGES
• HOLD --OVER
City Attorney, Mr. Williams-.
REQUEST. . Hold Over to February 27th
meeting.
We have not had an opportunity -to discuss
between Mr. Aiassa, Mr. Fast and myself.
And would like to have this held over to the
next meeting.
Motion by Councilman Gillum, seconded by Councilman. Snyder, that the ordinance
introduction for trimming trees and hedges :be held over to the February 27t:h meeting.
Motion carried. All in favor.
Item 16) ORDINANCE INTRODUCTION
AMENDING SECTION OF THE
MUNICIPAL CODE REGARDING
SWIMMING POOLS
City Attorney,. Mr,. Williams: I have the material but not the Ordinance
because there are q iesti_on.s that: must be
decided by Council before it; can be drafted,
You might: recall the last time this came before the -Counci.l, at least one of the
questions raised was a rather technical one and simply a drafting oversight in
omitting the openings of doors and gates, whichwas-in the former ordinance and
inadvertently omitted in the draft submitted to the Council. The other question
which was raised was.more to the content and philosphy of the Ordinance and
whether or not it should apply to apartments, motels and hotels. _ The present.
draft a memo dated 1-10- 67 , would still make the fencing provision apply to
hotels, motels .and apartments, the height would be reduced from S' 6" in other
cases to S' in. the case of hotels, motels and apartments, and also contain a
provision that it. would not apply to any Hotel, motel or apartment' house if the
pool was 1 iP: construction before`April.l, 1967, which is about the -date this
-Ordinance. would -take effect, if approved tonight. st still remains to be determined
Co Coe 2-1467 Page Eleven
CITY ATTORNEY - Continued
Item 16) AMENDING SECTION OF THE
MUNICIPAL CODE RELATING TO
• SWIMMING POOLS - Continued
whether or'.not the Council is goingto approve the.requirement.that hotels; .motels
and apartment houses .be.€enced.at all, -which is ,not. in the present Ordinance.
Pending your instructions, it. is impossible to draw an. Ordinance. If you will give
instructions tonight one could be .ready for the next meeting.
Councilman Nichols: During the past 10 days I had pne of the major fence
companies in the Valley and I. believe to be one .of the
most reputable, installing a chain link gate on my
property. My, property is presently walled.on all sides by at least a 5' wall. I asked
fora vehicle gate and to be installed in such a fashion as to meet the requirements ,
as,I am reading them, for swimming pools in West Covina. He said you mean this
will involve an automatic closure I said yes. He replied "well to tell the truth
for pedestrian gates we can't put an automatic closure on that will work satisfactorily;.
For a vehicle. gate the only automatic closures we have, that will function,., are
closures that work on.a gravity basis and throw the gate very high when it opens,
and closes with a tremendous bang." and he not knowing all the facts of the
situation relative to my interest in the matter, said "but we can wait until you are.
ready to fix your pool and then come out and put it on and after the inspecticn . is
over we can come back and'take it off again, because it really don't work. I.
think we are really trying to go to far when we try to legislate in an area of this
kind, pass laws that will force them into an area of violation of the law. This has
caused me to think a great deal about this Ordinance and I begin to wonder if it
isn't more stringent then we should reasonably be in this area.
Councilman Snyder: It is also common, sen-;e that apartments, hotels and
motels should protect themselves from children
falling in the pool as much as possible - and they
may have some insurance requirements - so why is it necessary to have an
ad4tion,al City Ordinance?
Councilman Gleckman: Are you talking just about hotels, motels and apart-
ments, or private residences?
Councilman,S nyder. Apartment houses, hotels and motels.
Mayor Krieger: But we presently do have,a swimming pool Ordinance
and as I understand the background, the staft.
originally went into this program to, try and clean up
that Ordinance a bit and make it more readily enforceable and then the project
seemed to grow and had new ramifications .which added to the consternation of the
council. ' When we started talking about apartments, hotels and motels . require-
ments and then having an exception to it for all pools constructed before April 1, .
1967, I wonder how we Justify the rationale. I recognize. the physical problems,
in those areas alreadyconstructed, but whether. we are consistent in saying that
there is a danger in those built before or after April 1,. or the fact remainsthis .
is not in ourprovince of legislature. -and is a matter of housekeeping for the hotel,
motel and apartment managers. I merely ask that the council'be consistent in
its approach. If the problem exists, then it exists on. all construction. To put a
requirement in for all future construction .and exempt all .past construction, to my
way of thinking is not consistent rationale at all.
C� C. - 2-14-67
CITY ATTORNEY - Continued
Item 16) AMENDING SECION OF THE
MUNICIPAL CODE RELATING TO
• SWIMMING POOLS Continued
Page Twelve
Councilman Gillum- I: also feel along the same vein, I go along with your
thinking, if there is a danger.- then there is: on all., but:
I. can't see going back to those who have built their
pools under the existing requirements and now saying we changed our mind .and
you have to go back, and do this. Although I recognize.t:he danger -,.I don't have the
answer and I. can't see penalizing those in.the future and not making it: standard, and
yet 1 cant: see going back and making these people reconstruct their pools. Who
knows in another 3 or 4 years we may do it again..
Mayor Krieger: I haven't suggested that: we do it. But how are you
going to justify not going back if you are going to
impose this requirement: on future construction? I
think .it is something we have to answer .if we try this approach.
Councilman Gleck.man: Are we talking about hotels, motels and apartment
houses only?
Mayor Krieger:
No, the entire Ordinance
City Attorney, .Mr. Williams: The subject originally came up to reduce the
provision of the.present ordinancewhioch presently states
that openings:shal.l not be larger than 6" square.
The present openings act as a ladder and it: was to reduce this acting as a ladder
that: the Building Department originally suggested changing t:hi.s.in the Ordinance;
these other problems have grown since that initial proposal..
Mayor Krieger- We do have an explanation that the .reason a 5' 6"
height for a single family residence and a 5 ` for
hotel, m t.e.l and Sa tment houses, is because
borne +n a.
nofmally S .layers of concrete block therefore i would be 5' 6" for a single
family residence and 5' for an apartment house...
Councilman Snyder: Has the original problem of the 6" square opening
been solved?
Crity.-Attorney, Mr. Williams: I don't recall there was ever any argument about
that part of the Ordinance. It seems that the
other changes suggested, while that was being
dpne, are the things that caused the uncertainties as to how to draw it.
Councilman Nichols: I am in the position of the more I talk about this,
the more I am in basic disagreement with the basic
swimming pool Ordinance. ,• Some aspects are very
spund, but when we go to the point of attempting to determine the kinds of
latches, height, etc., that are going to be used- � we just can't protect
pepples lives to the extent we are attempting t:o do. .I just wonder if the whole
concept , where there is no obvious exposure to public danger - if we don't
attempt too much.
Councilman Snyder: You have to have a swimming pool. Ordinance for the
very reason people come in and demand fencing
on the bridge at Azusa Avenue, :I think they demand
an Ordinance like this. However, the one change they came in with - does that
C. C. 2-14-67
CITY ATTORNEY _. Continued
Item 16) AMENDING SECTION OF
MUNICIPAL CODE REGARDING
SWIMMING POOLS'- Continued
solve the 6" opening?
City Attorney, Mr. Williams:
Councilman Snyder:
Page Thirteen
That was the original change that was proposed
and the others ensued. The seIf latching
doors - is already in the,Ordinance. :
We can say the self --latching doors are
limited to pedestrian gates.
Mayor Kr.i.eger.. The existing Ordinance talks about all gates
and doors and _I suppose if the (only access
you had to the pool . area was through a drive-
way, then the gate through the driveway would be the one that would have this
requirement.
Councilman. Nichols- That is right and it came to my attention. that
a law on the books, according to one that is
supposed to know, cannot be solved with%th:e
existing closures, without a lot .of weights, pulleys, etc.
Councilman Snyder: The solution seems to be the fence should be
'limited to the pool area in the back, or
exclude vehicle gates.
Mayor Krieger: Yet that would be the most serious and
attractive nuisance we would have
Councilman, Snyder- In situations where this exists then they
should have to have separate fence. in
the back. If you live in a. neighborhood
where there. are a lot- of children and I don't know of a neighborhood in West
Covina that we don't you would feel pretty bad to go some morning and find a
little kid- floating in your pool regardless of the -Ordinance. I feel that perhaps
there should be some kind of a fetncing added to the Ordinance W there can
be other provisions made for a vehicle gate other than self -closing - you can
have an extra fence further back.
Mayor Krieger: We should divide the question for discussion.
First, let's talk about the single family
residence. .We already .have a requirement
in effect: which I am not cognizant of..as to how .it is restricted as to a single
family residence. It, seems to me it says "any dwellings occupied by human
beings", Why is the present ordinance restricted to single family residences?
City Attorney, Mr. Williams: Because in the present Ordinance Section
8119 there is a provision that says"it shall
not apply to public swimming pools for
which a charge or admission price is required to be paid for such use thereof.,
nor to swimming pools which are a part of and located upon. the same premises as
a hotel, motel or apartment house, during the time that the owner, operator or,
adult employee of such owner or operator is present at: and in active charge of the
premises upon which such pool is located, " The exception is expressly written
0
•
Co C. W 2-14-67
CITY ATTORNEY - Continued
Page Fourteen.
Item 16) AMENDING SECTION OF THE MUNICIPAL CODE .REGARDING
SWIMMING POOLS -,Continued
in the code. The proposal is to dEdete that completely and make the exception apply.
Mayor Krieger: The code is the exception as it now applies
It states "the owner, operator or adult
employee of such owner , . o o i.s present at
and in active chargeIf he isn't physically on the premises, is he still, actively
in charge of the premises, or if he goes on vacat:ion., .is he actively in charge of the
premises'? How do you apply that kind of a section.?
City Attorney, Mr. Williams: The section states that: an owner or operator
may be present on any part of the premises
and. not by, necessarily, the pool and he can
be absent from the premises and still be in charge of the premises. It is not the
same thing as having a life guard. In fact many of these pools have a notice
posted that there is no guard on duty, you swim at your, own risk,
Mayor Krieger: And the children we are concerned with can' t
read o
Councilman Snyder: Certainly you. are not going to allow a swimming
pool in a back yard that is not fenced. So you
have to have some sort of fencing or... safety
requirements.
Mayor Krieger: The recommendation with respect to thesingle
family residence then is that the ex:i'sting
changed be hanged so as to delete the
opening larger than the 6"square and leave the openings by approval of the
building officials o
Councilman Nichols: I don't like to belabour the point, but: we
have been at this a long time. May I step
to the Board? (No chalk) A great number of
homes have, as there only access to the rear yard; a vehicle gate. If you can
visualize a situation of that sort - th.en. I have been told by someone knowledgeable
in this field, that this requirement is unworkable. If it .is, then the Council must
decide whether cross fencing might be the answer. For us to vote this in as law,
with this question still holding fire, seems to be an unreasonable one, so it:
would be my thought, that the issue raised as to whether a vehicle gate should be
included - - that this question must be resolved before we take action.
Councilman Snyder: It seems to me where itis necessary for
them to have a vehicle gate in the rear. -. this
is not: done in all cases - then they should
make them have it.
Councilman Nichols: The question has been raised to me by the
owner- of a fence company - m that the
present so-called automatic closures that they
have for vehicle gates operate in such a fashion as to render them very, very un-
desirable.
Co Co 2-14-67
Page Fifteen
CITE' ATTORNEY" - Continued
Item 16) AMENDING SECTION OF MUNICIPAL CODE.REGARDING SWIMMING POOLS -
Continued.
Councilman Snyder-. Could you resolve it by saying that where there is potential
access from the street or neighboring property, and that
would include through a vehicle gate, then the pool must be enclosed by an additional fence.
Councilman.. Nichols My question.is - I don't know if I have been told something
that is precisely correct, and I would suggest that we again
refer this to the staff for a further report and in fact if this than was told to me is true. . If it is,
then our Ordinance, as it exists, is unworkable
Councilman Snyder-. I think it should be changed 'that where it has a potential
access from front or adjoining property then the swimming pool
must be fenced, That would include other than a vehicle gate.
Councilman Gleckman-. Are you proposing from this date forward or for all existing?
Mayor Krieger-. We have had this Ordinance on the books for sometime having
to do with the single family residence - there is no retro-activity
question, but there is the question Mr. Nichols raises of enforce -ability or practical compliance with
the terms of the Ordinance as it exists.
Councilman Snyder-. There has to be enough flexibility on this...
Mayor Krieger s To focus on this thing so the staff has some directive to it, . I
would like to state I am not in favor of expanding this Ord-
inance to hotel, motel, and apartment houses. The reason I am not is the only practical way to do
it would be to go back to every motel, hotel, and apartment house, and say you people have to
comply with this Ordinance. Practical appliance is not possible and to impose on future construction
a requirement for safe -guarding, that we feel is justified, without, imposing on apartment,. hotel,
and motel structures already constructed - does not make sense to me and I think there are certain
built in safeguards a motel, hotel or apartment house, whichis the direct responsiF/,gNty of
management and they will have to exercise that responsibility so I am not in: favor of expanding
the Ordinance. On the other hand I do think there is a need for clarification of the existing
ordinance. -as it pertains to a single family residence. I think the suggestion.of the staff pertaining
to openings is a good one, because the present one doesn't achieve the purpose that the Ordinance
was enacted to achieve and that is to prevent the scaling of the barrier that is constructed around
the facility. I think the matter of the gates is a legitimate one and one that we should explore
right now so we can tie this thing together. In my opinion. if the only practical way is to achieve
the result by cross fencing, that may be the way we are going to have to do it. It is going to
require a decision from this Council as to whether we do or do not have a swimming pool
Ordinance in this community. I think for the single family residence, statistics show it is wisp,
desirable and. necessary.
Motion made by Councilman Nichols, seconded by Councilman Gfeckman, that the staff and City
Attorney be directed to delete from the swimming pool ordinance any reference to enclosing,
in the commercial areas involving hotels, motels and apartment houses, with. regard to fencing.
Motion carried. All in.favoro
•
�J
C . C . 2-14-67
CITY ATTORNEY - Continued
AMENDING SECTION OF THE MUNICIPAL CODE
REGARDING SWIMMING POOLS
Page Sixteen
Mr. Williams: This means to leave it as it is without
requiring the fencing in the case of
apartments, hotels and motels.
Motion by Councilman Nichols, seconded by Councilman Gleckman, and
carried, that the proposed ordinance on swimming pools be referred
back to the staff for investigation of the wording relative to fencing,
where the fencing and gate system involves vehicular access and indi-
cate to the Council whether or not the ordinance as it is worded can be
effectively implemented.
Councilman Gleckman: As the motion is worded, you are now
referring it back to the staff - with
that being one problem, whereas there
may be other types of access. In other words it should state - study
all types of access including vehicular.
Mayor Krieger:
Councilman Gleckman:
Councilman Nichols:
Councilman Nichols, do you want to
include that in your motion?
In other words, they would not only
study vehicle entrance but all types
of access.
Let my motion then include that the
staff study all types of access.
Seconded by Councilman Gleckman and carried. All in favor.
Mayor Krieger: Mr. Aiassa, may we have this back just
as soon as possible, so the matter is
fresh in our minds?
Mr. Aiassa:
The 27th of February.
ORDINANCE NO. 988 The City Attorney presented:
ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF
Amendment No. 78 THE CITY OF WEST COVINA AMENDING A
CERTAIN SECTION OF THE ZONING CHAPTER
OF THE WEST COVINA MUNICIPAL CODE
(Amendment No. 78)
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, Nichols, Snyder, Gleckman, Mayor Krieger
NOES: None
ABSENT:' None
C. C. 2-14-67
CITY ATTORNEY — Continued
ORDINANCE NO. 989
ADOPTED
Truck Routes
Page Seventeen
The City Attorney presented:
"AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA.AMENDING
SECTION 3140 OF THE WEST COVINA
MUNICIPAL CODE RELATING.TO TRUCK ROUTES"
Motion by Councilman Gillum, seconded by Councilman Gleckman, to waive
further reading of the body of the ordinance.
Mr. Williams: This was introduced the 23rd of January
relating to truck routes and applies
only to Azusa Avenue extending to the
city limits instead of ending at the
Freeway.
Motion by Councilman Gillum, seconded by Councilman Gleckman, that
Ordinance No. 989 relating to truck routes 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. 989
RESOLUTION NO. 3534
ADOPTED
Variance No. 599 -
David Robinson
Mayor Krieger:
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA DENYING
VARIANCE (Variance No. 599)
Hearing no objections, we will waive
further reading of the body of the
resolution.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that
Resolution No. 3534 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. 3534
(Mayor Krieger called a 10 minute recess)
Mayor Krieger: The City Council is once again in
session. We have on additional item
from Mr. Williams that does not appear
on the agenda.
Mr. Williams: Last year I was chairman of the
it committee on Home Rule, this year Tom
Bradley is the chairman and he has
called a meeting in Palm Springs on March 3rd. The City of Azusa has
authorized half of my expense, which I estimate will be $60.00, and I
would like to ask West Covina if they would bear the other half not to
exceed $30.00 and authorize me to attend this meeting on Home Rule.
Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried,
C. C. - 2-14-67 .
Page Eighteen
that the request by Mr. Williams to attend a Home Rule meeting in Palm Springs on
.March 3rd with an expense appropriation not to exceed $30.00.be granted. Roll (tall-
AYES- Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES- . None ABSENT. None
CITY MANAGER
• 1) TRASH AND GARBAGE SERVICE IN NEWLY ANNEXED AREAS
Maygr Krieger: Is there something that you wish to add to the report
of February 7th - Mr. Aiassa? .
City Manager, Mr. Aiassa: The only item l would like to add. is, if council is
agreeable to the proposal that Mr. Thorsen produce to
us the bona -fide contract to his .pant of the bargain,
before we initiate any modifications or changes to the present contract.
Mayor Krieger: With the cancellation clause in the basic contract, Mr.
Williams -.what. is this all about ?
City Attorney, Mr. Williams: The cancellation clause, as I recall, would cancel the
entire :contract or not.
Maygr Krieger: Right, so why.... .
City Manager Aiassa- We -will get the original contract from the clerk's file.
Mr.. Williams: Because I.think the cancellation clause is exerciseable
only every 4 years. I don't have the contract before me.
. Mayor Krieger:
Do you have that Mr. Aiassa ?
Councilman Nichols: While we are waiting I want to express the opinion, we
have already contracted with Mr. Thorsen through-.
1973 and I don't see any reason for this coun'cil:to.be
pledged in a contract until 19 79 , which could be terminated well before that time. In
any event, I think., if he can't amortize his cost: by 1973 that is a problem he should
resolve himself.
Councilman Gleckman: In answer to Councilman Nichols, after .looking at this
contract; I think I understand the: request with the idea
that when we talk about annexation,, we are. not talking
about annexation 1966, 1967, period. We_ may be. talking about an annexation that
takes place in 1970 -1971. and where a man has to come in and pay the agreed upon
amount and then amortize his cost and .he only has two years left on the contract arid
if have the cancellation clause in there I don't see what difference it makes.
Mayor Krieger This 'matter doesn't seem to be very well prepared for
presentation to the council. This is a basic question
and it seems to me you would anticipate the question .
arising and should be able to focus on an answer. The Council is not in a position
to make a policy sa-geflon on this if. we can't get a simple answer to a simple question.
City Attorney, Mr. Williams: The contract now provides this it provides if the
contractor is in defaultthe city may terminate the
contract. That is not the. kind of termination clause
you are thinking of. The one you are thinking of is this provision "This agreement
should be in effectfor a period of 12 years from the. date hereof January 1, 1961 to and
including December 31, 19 72 , providing however that either, party may at the end of
each four year period request revision of the terms hereof or the fees to be charged
hereunder. If the parties hereto do not agree in writing on any such request.,within
6 months after such request the party requesting such provision may terminate the
Co Co 2-14-67
Page Nineteen
1) TRASH AND GARBAGE SERVICE IN NEWLY ANNEXED AREAS --Continued.
agreement at the end of the six months period." This is not what I would call the ordinary
option to terminate (at will) clause.
Mayor Krieger- Are you quite sure that is the existing contract? It seems to
• me, two years ago when we discussed this there was another
provision. in the agreement, to provide for outright cancellation. Don't you remember that.
This was all around that rate increase we were talking about.
City Attorney; Mro Williams: There may be an amendment to the contract but I don't have
it.
(This matter continued so that original agreement could be obtained from City Clerk's files)( See
page 21 .) (Mayor Krieger suggesting going on to Item 2)
2) WEST COVINA'S ANNEXATION PROGRAM —STATUS
Mayor Krieger- This is a report over Mr. Menard's signature dated January 27,
1967. What specific action other than information. is suggested
on this?
Mr. Aiassa, City Manager: I would like to have the Council substantiate the report on the
general background of the outline and if we are getting per-
mission.to proceed on the report as outlined then the suggested annexations to be followed up and
the action necessary to follow to completion. I think we specifically gave a. report on each of
the pending annexations.
Mayor Krieger: Councilman. Gleckman what is your comment on. this, you
are working with the Annexation Committee.
Councilman Gleckman: I. reviewed this prior to the report going to the rest of the
Council, and discussed it in detail with the staff. These are
part of my recommendations as well as staffs, that we proceed as outlined here. I think it
is most unfortunate that a certain amount of unfavorable publicity is being reflected on the
City through its annexation program but since we are the people in the left field and have to
sit back and take this ..... I don't think that type of publicity. in the newspapers should defer
our staff from proceeding.
Mayor Krieger- It is not really the letters to the editor or the publicity. that
is handed out by the proponents or opponents that bothers
me, what bothers me is the actual voting that is cast. Two have gone to vote, one in .favor
and one opposed. I think when people come to this community and say they are desirous of
being annexed - we don't ask anything of them other then they be in a position. financially
to carry themselves so the rest of the community doesn't have to spend funds to develop that
area. Contrary to some of the propaganda, they are not being brought.aaver to the. City for
their revenue to the City, but simply because they expressed a desire to be a part of the City.
Yet we don't ask these proponents for sufficient evidence of their representation in the area.
I think we should demand more evidence as to their representative capacity to speak for the
people within a certain area, rather than take necessarily on good faith and their word and
then. find #hey are either not a. representative or fall by the wayside or don't actively
participate in the program.
Councilman Gleckman: Mr. Mayor, I call attention to the report that stdtes "therefore,
it is recommended that -the City Council should not -proceed with setting up elections unless
approximately 50% of the registered voters in the area commit themselves in favor of joining
the City. "
C. C. 2-14-67
Page Twenty
2)`WEST_ COVINA'S ANNEXATION PROGRAM - Continued
Councilman Nichols: Some weeks ago when ,I raised some objection to the
annexation program, Councilman Gleckman said that
the Blue Ribbon Committee was working on this and.
. would also have a report. Has this committee made any recommendations?
Councilman Gleckman: They have with regards to what you are looking at in.
the report right now, but they are going to firm up
these comments and give you a final report, as your other. Citizens Committees have
done'. That will be forthcoming. This is a recommendation by the staff and myself.
The report analyses the future.of these annexations.
Councilman Nichols: Do you feel in anyway that the council's favorable
action on this recommendation is short-circuiting or
premature, relative to the recommendations of the
committee itself?
Councilman Gleckman: On the contrary, this Committee has felt and still
feels that it would not serve in a capacity it is
serving if it was meant to be a rubber stamp committee,
so regardless of what action the council might take regarding the future annexation
program of the City, the Committee will still come up with an honest report and one
that they feel will be their recommendation. It may not be one the council wants but
it will be their recommendation.
b
Councilman Nichols: I believe this report is a reasonable report and
possibly good judgment all the way-.doiwn the'line
• and I would support it.
Councilman Snyder: I would not want to bind myself to a statement that
I wouldn't go ahead with the annexation unbess 56%
have signed the petition, because I; think there "maybe
individual cases where each one should stand on its own merits.
Councilman Gleckman: All we are saying in this report is we are.. making the
recommendation as the staff and myself see it, and
in conjunction with it stating that it is recommended to
the city council ..... and we are the ones to decide whether we should proceed in
setting up these elections, that they should not proceed unless approximately 50%
of the -registered voters in the area have committed themselvesfavorably to the
annexation. This would not positively insure the election, but it would give the
council a more positive attitude from the area, as well as curtailing the expenditure
of funds. If people in an area would like to annex to our City that then the
obligation is on them to secure approximately 50% of the names desirous of so doing
because we can't go out and solicit on we:.would. .
Councilman Snyder: What I am saying, we can't bind ourselves to a
policy like that because if you reach that point you
determine the hearings .......
Mayor Krieger: I don't think it is a requirement that we proceed with
anything, it is just a requirement before we would
consider proceeding.
Councilman Gleckman: You could get 65% of the signatures and if this
council decides not to proceed, we don't proceed.
Councilman Snyder: I think you are binding yourself, making it too
restrictive.
®1
Co. C. 2714-67
Page Twenty-one
2) WEST COVINA'S ANNEXATION PROGRAM - Continued
Councilman Nichols: If a motion is in order, I would move that the. council
accept the report from the Planning Department and go
on record as accepting it and concurring with its
• general recommendations.
Seconded by Councilman Gleckman. Motion passed on roll call as follows:
AYES: Councilmen Gillum,
NOES: Councilman Snyder
.ABSENT: . None.
Nichols, Gleckman, Mayor Krieger.
1) TRASH AND GARBAGE SERVICE IN NEWLY ANNEXED AREAS Continued
City Attorney, Mr. Williams: There .has been a amendment of the original provision.
The amendment provides still for the 12 year period
ending December 31, 1972, which adds a clause that
"either party may at the end of each 2 year period commencing with the date hereof
request a review :of the terms Hereof or the fees to be. charged hereunder. If parties
do not agree in writing to any revisions requested then within 6 months after such
request the party requesting such revisions may terminate at the end. of such 6 months
period. " This was dated the 26th of September, 1966. .
Mayor Krieger: If there is a disagreement between the city and the
• contractor there is a cancellation right within the
city. If this city should ask for a price adjustment
that the contractor and city .do not see eye to eye on, the city can then serve notice
for cancellation and 6 months after that it will be effective. This is much broader than
the prior provision.
City. Attorney, Mr. Williams: Yes every 2 years. The other had the same provi-
sion but it said every 4 years and this says 2.
Mayor Krieger: I didn't understand that other one had a right of
termination if we didn't agree.
Councilman Nichols: It had two basics cause and disagreement.
City.Attorney, Mr. Williams: Right. The only difference was 2.and 4 years.
Mayor Krieger: What is the council pleasure on this thing? Do you
want to authorize the staff to renegotiate an
extension of this agreement?'
Councilman Gleckman:. I would so move. Seconded by Councilman Gillum.,
Maypr Krieger:. Discussion?
Councilman Nichols: I have already stated my feelings. I don't want my
vote to be a part of a contract extending to 1979. 1
think it is an excessive length of time despite. the
cancellation clause.
Councilman Gleckman: I think I am probably the one started all this because
when we started talking about annexation it came to
mind that we had an exclusive contract with West
Covina Disposal and it meant when an area was annexed to the City of West Covina
that area would be automatically taken over by West Covina Disposal as far as trash'
collections,. etc. , and'at that time I felt that this council may be doing an injustice
C. C. 2-14-67
1) TRASH AND GARBAGE SERVICE IN ANNEXED AREAS - continued
Page Twenty-two
to free enterprise by allowing West Covina Disposal to move into an area and take
over without just compensation to anyone that was servicing the area at that time.
•And this contract, through the efforts of our City Manager, City Attorney as well as
the attorney of the Disposal Company was the proposal of the various trash concerns
coming into agreement and that this was just compensation and that this council by
accepting annexations in no way would be destroying the right of free enterprise
because we have already set in provisions to protect the people in that particular area.
Now we are saying to our Disposal Company representing the City that you must 'go in
and pay these people for their services in order to operate in these areas that will
become a part of the City and all he is saying to us is fine, before I would get it for
nothing, now you are asking me to pay for it and I am perfectly willing to pay for it,
but I would like an extension on my contract. I think this is a very small compensa-
tion since we have a cancellation clause that- we,,gould g:o alone with. I rest my case.
•
•
Mayor Krieger: Gentlemen, further discussion? I would be opposed to
the extension if it were not for the cancellation
right the city has and would exercise under the
circumstances. Roll Call vote:
AYES: Councilmen Gillum,
NOES: Councilman Nichols
ABSENT: None
'Snyder, Gleckman,. Mayor Krieger.
Motion passed. Four in favor, one opposed.
Mayor Krieger: Mr. Aiassa, this is understood to be on future
negotiations.
3( LANDSCAPE ARCHITECT AGREEMENT
Mayor Krieger: The report of FebruaryI0, 1967, has a recommendation
contained therein.
Councilman Gleckman: I. am not at all questioning, shall I say the ability of
our staff to determine prices Mr. Aiassa, but could
I get some information as .to the qualifications of
who looked over the prices regarding this landscaping contract and whose recommends'
tion it was, to accept these prices?
City Manager, Mr. Aiassa: Basically, we worked with the County. We got names
of reputable landscapers from the Connty, State, other
cities,Mi;e;Fleichman and also Neptune & Thomas, and
the staff sent out proposal outlining to them what we .wanted. The County reviewed
the type of proposal and the method and prices. We also evaluated some of the pro-
jects recently done (explained in detail.)
Councilman Gleckman: My point was - is this the type of job you put out
for bid and the lowest bidder gets?
City Manager, Mr. Aiassa: No. This is not a unit type of bid. This not only
covers the type of work but also the ability and know
how he has to do the work. We actually did scope
the project and determined the amount of work to be done. The estimated installa-
tions to be made, quality, etc. So it is not just a complete blind bid.
Councilman Gleckman: I didn't see it mentioned any place and I wanted to
know.
'C. C. 2-14-67
Page Twenty -Three
3) LANDSCAPE ARCHITECT AGREEMENT - Continued
(Mr. Fast further explained.the technique of landscape architects on bids.)
Motion made by Councilman Snyder and seconded by Councilman .Gleckman, that the
Council select the firm of Armstrong landscape architects for the
Civic Center and that the City. Clerk and .Mayor be authorized to execute the agree-
ment.
Councilman Nichols: Mr. Aiassa, I would like the record to show that my
vote in the favor of the execution of this contract does
not commit me or imply that my concurrence of the
total cost of landscaping. is estimated. Will you assure me?
City Manager Mr. Aiassa: As you know we can only develop an estimate as far
as cost is concerned and when we look at actual
bids you will get a cost factor and this is whatwill
determine the i6tia+llPsr6j.6.bt,�:.
Motion passed on a roll call vote, . ass follows:
AXES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSE)VT: None
• 4) PERSONNEL BOARD RECOMMENDATIONS
a) Gold -Thompson Contract
Mayor Krieger: We have the recommendation from the Personnel Board
and the motion having to do with the acceptance of
the agreement between Gold -Thompson and the City
'for the salary survey for the year 1967-68. This contract was reviewed and approved
by the City Attorney.
Motion by Councilman Snyder,: Seconded by. Councilman Gleckman, that the �Gold-
Thompson contract between the City of West Covina and. Gold -Thompson be approved
for Salary Survey of 1967-68 and the Mayor and City Clerk be. authorized to execute
and sign.
Mayor Krieger: It has been moved and seconded. _Is there any dis-
cussion? Do you have the figure'Mr. Aiassa?
City Manager, Mr. Aiassa: One item will make a difference in the figure, but
our original proposal was not to ext;eed-.$4100.
Councilman Snyder: Add to my motion, not to exceed $4100.00. Seconded
by Councilman Gleckman. .Motion passed on roll
call vote as follows:
t;AXES., Councilman Gillum., Nichols,, Snyder,, Gleckman, Mayor Krieger.
b) Misner Contract
Mayor. Krieger: We have a report from the'Personnel Board dated
-February 9, 1967, recommending, approval of this
agreement. We had this. before the Council and
then referred back to the Personnel. Board. The amount is $400.00. .
C. C. 2-14-67 Page Twenty-four
4) PERSONNEL BOARD RECOMMENDATIONS - Continued
b) Misner Contract - continued y
Councilman. Nichols: The last time this matter came up the fee was $750.00.
1 favored it at that time. I continue to favor it. I don't
think it has been reduced in scope. I think it would be of help to our staff to approve this
• agreement, therefore to get a motion on the floor I would move that the Council approve the
entering of this agreement and authorize the City Clerk and Mayor to execute the contract
and that the amount to be expended will not exceed $400.00 as stipulated.
Seconded by Counc i I man., Snyder:
Councilman Gillum: I am wondering Mr. Mayor about the cost of $750.00. 1 think
I stated at that time I was not objecting to the cost. I would
be opposed to the concept represented behind this. As you can see from the vote of the Personnel
Board there were two no votes pertaining to this contract. I am deeply concerned now that the
man is cutting his cost to the City and I am deeply concerned that he could perform what he
stipulated for $700. and now he has come down to $400. For that, plus the fact I personally
feel it is not the right approach. I would have to vote no.
Mayor Krieger: I made a comment it was not the money that concerned me but
the philosophy. I don't know why this particular matter con-
cerns me as much as it does. It may be contrary to good personnel management, it may be
contrary to good supervision, it may be good as far as employee and employer relationships are
concerned, but here again tonight we are spending about $4100. to get Gold -Thompson back
in here again. I think this is the third year we have had him to get equity in the situation we
are paying our people. This is the best testimony that the Council can give our employees that
• we are trying to deal fairly in the situation. I don't know what the secret message is that
Dr. Misner will be able to impart during these indoctrination or orientation sessions or whatever
you want to call them, but it still goes contrary to my grain. If this lesson is needed among the
City employees I then. think that the City Employees' Association should retain Dr. Misner and
let him impart the message to the employees but whether it is $700 or $7000 that wasn't the
basis of my opposition ..... I am opposed to i t .
Councilman Gleckman: Let me say I disagree with you in just about total. I think
private business where their employees are involved probably
go through this and have found it the best method to make their employees understand just what
is expected of them. We are living in a fast moving world today and when you give a man a
job description you will find that it is not what it was 10 years ago or 5 years ago and many
of our employees have been with us more than 5 years. I have, since this was first proposed,
talking with many people in the same field as Dr. Misner, and theyhave reaffirmed to me that
he not only knows his job but that he is probably one of the top people in it. If there was no
use for this in private business we wouldn't be requesting him, nor would he be doing this type
of job toearnavery good. living and in.order to continue this way he must be giving value
for his services and the reputation I. find he has in this field, there is no doubt in my mind.
Not only was I for it at $750. but I. think we have cut down what we expected from him in the
first place as far as the time elemerit he is down to the $400 price. I think if the two members
that have voiced opposition to this, look into what he has done outside of the City that there
would be no doubt in their mind that they would vote for this. I think it is because of the un-
familiarity as to what this man does and what good we will get out of it that causes them to
oppose.
Co Ca 2-14-67
4) PERSONNEJ: BOARD RECOMMENDATIONS - Continued
b) Misner Contract - Continued
Page Twenty -Five
Mayor Krieger: Let's get down to specifics. You talk about the
• commerical sector, I am not interested in the
commercial sector, I am interested in a better governmental
sector - can you give me an illustration where Gold Thompson has gone in and formed
a salary survey in conjunction with Dr. Misner?
Councilman Gleckman: I don't know where else Mr. Gold has worked but
from the amount of protests that .we received from our
employees after the Gold report of last year,. I would
like to see what you get from our employees this year and say that we will pick up the
$400. alone in time trying to correct that situation.later on.
Councilman Gillum If we had a number of objections from the employees
that Mr. Gold had run the survey on, are we sure that
Mr. Gold is doing the proper job? The conversation
from the Personnel Board was that this was the first time it will be tried and they are
not sure., in fact no one is sure, this is the firsttime it is to be tried. I take a
little objection to your saying that I am not familiar with it. I worked in industry for
quite awhile. I personally don't believe that if a man doesn't know his job that we.
are to advise, I feel it is up to him to ask his supervisor. If you ask the President
of the City Employees' Association - he stated at the Personnel meeting that he
could care less one way or the other - am I correct Mr. Bonaparte?
• Dick Bonaparte, Pres . ,
W . C . C . E . A. Not exactly.
Councilman Gillum: Well words to that effect - they had no recommenda-
tion one way or the other on this.
Dick Bonaparte: I did express some urgency that this would be re-
solved as soon as possible. I think a good portion
of the problem last year was the lack on due date and
I didn't want to have it lag again this year. I am going at this that it is something
new in city government and I have talked to people at a recent conference two weeks
ago who spoke very highly of Dr. Misner in particular and others and they felt
there. was a particular place for this in salary surveys and organizations. The
orientation is not to tell the employee exactly what their job is, but a big part of it
is to tell him what the salary survey is doing for him and what he is to do with
regard to it.
Councilman Gillum: Did I misquote you when it came to Dr. Misner that you had no opinion one way or the other?
Dick Bonaparte: I didn't feel strongly about him then, but I lean
more toward him now. I was letting the Personnel
Board, in their more professional judgment than
mine, sway me for the last little push one way or the other.
Councilman Snyder: Our staff, and I am not talking about the Personnel
Board, .feels strongly about this, they feel it will
augment,the Gold survey. I was opposed to it last
time, but I have taken the time to look into it a little more and the staff .feels very
strongly about it and feels it will that much help the Gold Survey and for that
reason I will go along with the contract.
C. C. 2-14-67 Page Twenty-six
4) PERSONNEL BOARD RECOMMENDATIONS —Continued
b) Misner Contract -_ Continued
Mayor Krieger. I want to make a point perfectly clear here because it is
obvious of what the, vote .is going to be. I. have a distinct
recollection of the problems that we had with Gold -
Thompson the last couple of years. We particularly had one segment of the Police Department,
the sergeant level, appear before the Council and one level in the Fire Department, the
comparable level, which appeared before us as an organized group and I considered it a
minimal amount of inconvenience both for the employees and the Council to.listen to their
protests, to respond to them and deal with them at that time. I think the major objection
across the board by the employees was a certain amount of dragging of feet of the preparation
and presentation and the report and the repeated delays in the compilation and presentation of
the report, so that this council was always under the gun as far as doing something and we didn't
have the information until tomorrow. I am going to look very carefully when we get this report
from Gold -Thompson. in this matter to see a number of factors; what we are going to get for our
money out of this Salary Survey, and what type of a response within the employee group as to
the type of money the City is spending in order to deal with them in an. equitable manner. Now,
if there es a time lag on this it is the responsibility of Gold -Thompson.; if there is.a lack of
communication now on this matter as far as organization.it is Dr. Misner, and if anybody appears
before the City Council after the expenditure of these funds and complains to the Council,
A) that they did not know what this orientation.was about; B) they did not understand what
they were supposed to respond to Gold -Thompson; C) or they don't understand why this Council
isn't able to take action.on the salary adjustment within a certain period of time -- they are
going to have to answer to me for one, as to what this Council is doing and spending this money
and getting these outside people in to do this job and it finally comes back to us where you guys
better make a decision on July 30th so it is effective on July 1st. That has been okay in three
• years past, but it certainly isn't going to be okay in the present survey coming up -- as far as I
am concerned. I trust that my remarks express just how strongly I feel about it.
Councilman Nichols. Let me add with a.little less passion but with empathy.- I am
getting a little weary too. When I first came on the Counc.i I
we talked about an updating or review every three years, and now we have adopted Gold -
Thompson and spending upw-ards of $5,000 per year or these matters. I am getting a.little
weary myself. I hope we have a much'smoother-s4uation this time, or otherwise I willbe much
less willing to spend five cents in another year for any outside help. I am going on. the recom-
mendations of the staff in. this matter that we are to achieve. I certainly hope we will.
Councilman Gillum. May I ask a question of Mr. Aiassa? Is this one time or each
year that we have to sit down and have Dr. Misner explain to
everyone?
City Manager Aiassa. My original proposal was for one year.
Councilman Gillum. So was Mr. Gold's contract and every year it comes back.
I. am sure we are going to have Misner again next year.
City Manager Aiassa: May I make the record clear? The City Manager got involved
in this when Mr. Gold proposed the orientation and wanted
-$2,000. And I went out hoping to get a much better program and at a more reasonable price and
one that would be functional, rather than have the same man that does the Salary Survey do the
orientation. Frankly, at the conference at Palo Alto we spent the whole afternoon. talking
about arbitration and collective bargaining. You should sit in with some of those cities
that have a unionized shop. We have also been informed
C. C. 2-14-67 Page Twenty-seven
4) PERSONNEL BOARD RECOMMENDATIONS Continued
b) Misner Contract --Continued
indirectly by reliable sources, that unions are planning on spending 2.5 million dollars to
organize now nonorganized groups with emphasis on city employees. They are willing to
spend 2.5 million and I am tdfking about $400.
Councilman. Gillum: It is not the matter of money but the principle of the thing.
I realize the unions and unfortunately the poor citizen has
no one to represent it except the five of us.
Mayor Krieger: Gentlemen, let us have a roll call vote on the motion:
AYES: Councilmen Nichols, Snyder, Gleckman.
NOES: Councilman Gillum, Mayor Krieger.
AB SE NT. None
c) POLICE RESERVE. SALARY INCREASE
City Manager Aiassa: Mr. Mayor, if you accept the recommendation of the Personnel
Board you will have to direct the City Attorney to prepare a
resolution. It was not prepared because we did not know what action would be taken tonight.
Councilman. Snyder: There is also a little ambiguity to this, they recommended a
salary increase and also suggested it be considered further
in the Gold survey.
• City Manager.Aiassaa.. The reason. for this. isthey feel an inequitable situation now exists
and this is when we made our analysis on the crossing guards.
We have set new standards and requirements for the reserves.
We now have a different group of standards for the reserves.
Mayor Krieger: Stipulating it requires a resolution - isn't it a fact that the
Council has been asked to determine whether the reserve officers
go to $2..25 per hour, reserve sergeants to $2.50 per hour, reserve lieutenants to $2.75 per hour -
from what? The recommendation- is great except it doesn"t say from what to what. It says to
what but not from what.
City Manager Aiassa: $1.75 per hour. - all of them.
Motion by Councilman Snyder, seconded by Councilman Gleckman, that the recommendation
of the Personnel Board be adopted and the City Attorney be instructed to make a resolution.to
increase the Police Reserve Officer to $2.25 per hour, Police Reserve Sergeant to $2.50 per
hour, and the Police Reserve Lieutenant to $2.75 per hour, effective March 1, 1967; and
further that this quastion.be considered in the forthcoming Salary Survey.
Mayor Krieger: This is now February 14, according to the schedule that
Mr. Gold is going to bind himself to, when is his Salary
Survey going to be back to us?
41 City Manager Aiassa: First report will be delivered March 15, 1967; second report
due May 1, 1967, and the third report May 15t h . The three
meetings with the Personnel Board and Council, are scheduled before June 30,, 1967.
Mayor Krieger: We are talking about a period of four months. Why
C. C. 2-14-67 Page Twenty-eight
4) PERSONNEL BOARD RECOMMENDATIONS - Continued
c) Police Reserve Salary Increase —Continued
.was it the Personnel Board came up with.this recommendation at this particular time and
not directed it to the Salary Survey?
Mr. Past, Public Service Director: The Personnel Board's intent with regard to $2.25 per
hour, etc., was that they felt Mr. Gold would come up with
something higher and they wanted to give the Reserves some-
thing as soon as possible.
Councilman Gleckman: What is the El Monte Police Reserve plan?
Mr. Russell, Administrative
Assistant: That is what is being proposed. We used the ten cities for a
survey.
Councilman Gleckman: Is there another city around here that uses reserves that we
went to or did we just go to El Monte. Have we been 32%
out of line?
Mayor Krieger: When was the last time they had an adjustment in their salary?
City Manager Aiassa: Three or four years ago.
Councilman Gillum: These people in many ways replace a full time Police Officer
in many areas that we would have to place an officer in as
• traffic control, etc., so even at $2.25 per hour we are replacing a man that we would normally
have to pay $3.54 per hour.
Mayor Krieger: My question. is I was wondering why have we been in a position
this long without anything coming to our attention? They
have been awfully quiet.
City Manager Aiassa: About a year and a half ago we noticed there was a considerable
amount of disability in the City and we made a physical analysis
of the reserves with the Chief of Police and noted at that time the physical standard requirements
for reserves were nil. Since that time we have required more restricted physicals. We are also
trying to organize the reserves for better coverage and as long as we are using a one man patrol
car a reserve officer can ride with that officer and is fully armed and fully trained. We are
uplifting the reserve program and if we are going to attract men to put in extra hours besides
their regular jobs, there has to be some inducement.
Councilman Gleckman: Was there a recommendation from Chief SIII?
Mr. Russell, Admin. Ass't: (In answer to the question). No, the Chief didn't make any
specific recommendation, as to the exact salary. He referred
to the El Monte plan and felt it was best.
Mayor Krieger: Roll call vote, please.
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT: None
Motion carried.
•
I
C.C. 2-14-67
Page Twenty-nine
4) PERSONNEL BOARD RECOMMENDATIONS - Continued
d) Tree Trimmer Job Classification Change
Mayor Krieger: Can you make it effective as of February 1, 1967, and
have the resolution ready for the 27th?
Mr. Aiassa- Make it March 1, 1967.
Mayor Krieger: Is that the intention of the Counci I? Okay, March 1st.
City Manager, Mr. Aiassa: Mr. Mayor, there will be no more, other than the Tree
Trimmer, that will appear before the Council in this 1966-
1967 budget. If any Department does come in for an adjust-
ment of this type it will have to be substantiated not only
with the Personnel Board but with the City Manager.
Motion made by Councilman Snyder, seconded by Councilman Gleckman, that the job
classification change for Tree Trimmer under resolution No. 1277 be approved and referred to
the City Attorney for the proper resolution in accordance with the recommendation of the
Personnel Board. Motion carried on roll call vote as follows:
AYES: Councilman Gillum,
Krieger.
NOES: None
ABSENT: None
5) SEARS HEADLEY RETIREMENT EXTENSION
Nichols, Snyder, Gleckman and Mayor
Motion .by, Councilman Snyder, seconded by Counci Iman Gleckman, that Mr. Sears Headley°s
request be approved for one year further employment, depending on his receiving a medical
approval. Motion carried.
Councilman Nichols, This is an excellent commentary on.the work of a man at the age
of 68 years when a supervisor's report says he was not absent from
work a day in the previous year, that his performance has continued at a very high level. May
all of you and al.l of us have such things said of us at the age of 68 years.
6) RESOLUTION CREATING A CITY SAFETY COMMITTEE
RESOLUTION NO. 3535
ADOPTED The City Clerk presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
WEST COVINA ESTABLISHING A CITY EMPLOYEES" SAFETY
COMMITTEE"
Mayor Krieger: Hearing no objection we will waive further reading of the body of
the resolution.
Motion by Councilman Snyder, seconded by Councilman Gillum, that the City Employees'
Safety Committee resolution be adopted. Motion carried on roll call vote as follows -
AYE S-. Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOE S: None
ABSENT: None
C .. C . 2 -14-67 Page Thirty
7) REVIEW BOARD MINUTES APPROVAL
January 23, 1967 APPROVED
Mr. Menard, Planning Director: This is in regard to Der Wienerschnitzel Co.,
Precise Plan 514, be approved subject to the
conditions of the Planning Department. One additional provision was added with regard to a
barrier subject to the approval of the staff.
Motion by Councilman Snyder, Seconded by Councilman Gillum, and carried, that the Review
Board Minutes of January 23, 1967, be approved.
(Discussion. regarding requirements for seating capacity and drive through requirements of drive-in
restaurant. Mr. Menard explained in detail.)
8) CHAMBER OF COMMERCE QUARTERLY
REPORT & FINANCIAL STATEMENT
For period ending December 31, 1966.
Motion by Councilman Snyder, seconded by Councilman. Gillum, that the Chamber of Commerce
quarterly report and financial statement for period ending December 31,. 1966, be accepted.
Motion carried.
Mayor Krieger. I have a question, Mr. Zartman. On page 2, under Headquarters
City Traffic, Cultural & Education Committee, I understand there
was a business committee breakfast at Edgewood High School and I was indicated to have given the
opening remarks at this breakfast. What did I say?
Mr. Zartman, President
Chamber of Commerce That I can't answer, I don't remember.
. Mayor Krieger. Well I don't either, because I wasn't there.
Mr. Zartman. We are just .trying to give you an extra plug.
Mayor Krieger-, I will take all I can get but only those I deserve. I would request
that when the person prepares the minutes that this be mentioned
and this information verified.
Mr. Zartman. I thought of questioning that myself, but I have been to so many
breakfasts with you lately that I wasn't sure. I will see that
these minutes are corrected.
ITEMS FOR FOLLOW-UP AND REPORT TO COUNCIL
Letter to Lark Ellen Property Owners
Regarding 1911 Act
Mayor Krieger. Two changes have been made in this letter. Is the letter in its
present form acceptable to council for its distribution ? No
objection. Hearing none, staff will prepare it in final form for my,signature and it will be sent out.
10). Letter from District Attorneys Office Regarding Legislative Proposals
HELD - OVER
Councilman Snyder. My own opinion is that matters such as this recommendation on
legislation should come from the League of California Cities
instead of our own staff and before we take any action on this
we should wait for recommendations from the League.
City Manager, Mr. Aiassa. The agenda had come out prior to the time I saw it, and these
items were discussed at Palo Alto, and Bud Carpenter, Director
and Counsel of the League had reviewed some of these bills and I would like to have this carried
over, if the council has no objection, until the 27th of February.
So moved by Councilman Gleckman, seconded by Councilman Snyder and carried.
C. C. 2-14-67
Page Thirty -One
ITEMS FOR FOLLOW-UP & . REPORT TO COUNCIL
11. Letter from Lyle A. Taylor Regarding
Removal of Trees
Mayor Krieger: The letter is self-explanatory.. Any objection by the
council of that procedure? None. Alright let's do
it that way.
12. Letter from M. H. Edwards
Regarding Pound Service
-City Manager, Mr. Aiassa:
has never
Councilman Nichols:
they are not really open ....
City.Manager, Mr. Aiassa:
telephone
instances.)
• Mayor Krieger:
Councilman Gleckman:
9
This has been discussed orally with Mr. Edwards but
actually been acknowledged.
I am not thoroughly happy with the correspondence
from' the . Humane Society . First they say they are
available day and night and -later we find out that
There are certain hours that they have a recording
service but the Police Department does have numbers
when they have complaints. (Mentioned a few
Does the Council want further action or merely
correspondence to M . H. Edwards?
I would say correspondence is agreeable.
Mayor Krieger: Any objections? None. Prepare a letter for the
Mayor's signature.
13. City of Los Angeles Resolution
Regarding Social `Services Dept.
City Manager, Mr. Aiassa: I would like to make one comment.
We have no use for this but may in the future,
so I am wondering. if it wouldn't be courteous to
acknowledgel0)9 _Effarz and at least keep. the
door open.
Mayor Krieger-
Any objections? None. It is to be acknowledged.
14. General Telephone Hearings on
Extended Services - Status
HELD -.OVER
City Manager, 7Mr,. Aiassa: This is on March 8, 1967, and I would like to
recommend that' this matter come up on February
27th when we will be able to give you a more
co,pplete report. We have now met with _Mr. Watts and the General Telephone
Co(npany with regard to an alternate proposal and -I would like to review this
.proposal with the council.
Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried
that this matter, be held over until the meeting of February 27th..
C. C. 2-14-67 Page Thirty-two
ITEMS FOR FOLLOW-UP AND REPORT TO COUNCIL
15. Public Release of Cost Estimates on City and
County's Civic Center Development
City Manager Aiassa: Mr. Mayor, there have been numerous quotations
from various sources and I would like to pin these cost
• figures down. If there are any future comments or quotations given, that City Council and
Staff use this spread sheet which will be up -dated every three or four months, if there are
any changes. This provides you with a complete picture of what the Civic Center costs
are.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that same be received, noted
and filed. There being no objection, motion carried.
16. City's 1966 Annual Report
(Reports presented to Council. The Mayor asked if there were any questions. None - all agreed
it was well done.)
City Manager Aiassa: We have one problem. Our. original estimate, originally
budgeted $2,000 and I do have available under appropriation
121-7391 $1600, but I need $3592.24 to send these reports out to 19,000 residents. The printing
was $2403, because we had 19,000 printed instead of 16,000; $172. type setting; $592.
postage; $276.50 for mailing and stuffing; $241.40 was the artist fee, totalling $3,592.24 which
will send out 19,000 instead of 16,000. We have roughly about 18,000 homes, wYiich:_'includes
all homes and apartments. We are using the 19, 000 figure to be sure.
Mayon Krieger: We wanted originally to send them to all and that was why we
iagreed on 16,000. This is the first year we are sending them
out and they should go to all.
Councilman Gleckman: I think it is a good idea and the money spent here is money
well spent. It is not too often our citizenry hear from the
people that work for them within the City and this is the best method of reminding them we are
making progress and we are doing all these things and they all take time and money.
City Manager Aiassa: Between the two budget accounts we are well within the
$3592. 1 think the staff ought to be complimented. I
think they did a very good job, covering such a multitude of operations of the City. Harry
Peacock and Ray Windsor had the menial task of packaging - all the staff had a finger in it.
(Council agreed it was very well put together.)
City Manager Aiassa: First I need the acceptance of this report and the reap-
portioning of the account of 121-739. 1 of $1600. additional
to the Annual Report Account for sending them out,.
So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. Roll Call:
AYES: Councilman Gillum, Nichols, Snyder, Gleckman, Mayor Krieger. NOES: None
ABSENT: None
Mayor Krieger: Mr. Aiassa will you express the council's appreciation to
Mr. Windsor and Mr. Peacock.
C. C. 2-14-67 Page Thirty-three
(Return to Review Board minutes):
Mr. Menard explained in detail requirements predicated on square footage
and seats - restaurants - Der Weinerschnitzel Drive -Ins, etc.
Minutes of Review Board approved.
CITY CLERK
RESOLUTION NO. 3536 The City Clerk presented:
ADOPTED "A RESOLUTION OF THE.CITY COUNCIL OF THE
Southerly Annexation CITY OF WEST COVINA ACKNOWLEDGING THE
District No. 199 RECEIPT OF NOTICE OF INTENTION TO
CIRCULATE A PETITION FOR THE ANNEXATION
OF TERRITORY DESIGNATED AS "SOUTHERLY
ANNEXATION DISTRICT NO. 199" AND AN
AFFIDAVIT OF PUBLICATION THEREOF AND
APPROVING THE CIRCULATION OF THE PETITION"
Mayor Krieger: Hearing no objection, waive further
reading of the body of the resolution.
Motion by Councilman Gleckman, seconded by Councilman Gillum, that
Resolution No. 3536 be adopted. Motion carried on roll call as follows:
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger
NOES: None
ABSENT: None
UNITED CEREBRAL PALSY FOUNDATION
Motion by Councilman Nichols, seconded by Councilman Gleckman, that
permission be granted to the United Cerebral Palsy Foundation to solicit
funds the week of May 20, 1967. Motion carried.
PUBLIC UTILITIES COMMISSION HEARING
Application of Suburban Water Systems to extend water system operations.
Hearing March 21, 1967.
Mr. Aiassa: This is for information. I would like
to know whether the Council wants
representation. I think it might be advisable. It will be held in
the Council Chambers.
Motion by Councilman Snyder, seconded by Councilman Gillum, that the
staff be authorized to attend the hearing of the Public Utilities
Commission on March 21, 1967, regarding application of Suburban Water
Systems to extend water system operations. Motion carried.
CLAIM FOR DAMAGES
HARRY CHABRAM AND MARTHA CHABRAM
DENIED
Motion by Councilman Nichols, seconded by Councilman Snyder, and
carried, that the claim for damages of Harry Chabram and Martha
Chabram be denied, and same be referred to the insurance carrier.
HOWARD M. AND BERNICE R. KAY -. 1319 W. MERCED AVENUE
APPLICATION FOR TRANSFER OF OFF -SALE BEER AND WINE LICENSE
APPROVED
Motion by Councilman Gleckman, seconded by Councilman Snyder, and
carried, that the application of Howard M. and Bernce R. Kay, for
transfer of off -sale beer and wine license, 7/11 Grocery, 1319 West
Merced Avenue, be approved.
-33-
2-14-67
Page Thirty-four
JOHN AND JENNIE VANACORE (WATERWHEEL)
PROTEST WITHDRAWN
Application for transfer of on -sale general license of John and Jennie
Vanacore (Waterwheel - 648 S. Sunset Avenue.
Mayor Krieger:
The recommendation of the Chief of
Police now is that the protest be
withdrawn.
Motion by Councilman Nichols, seconded by Councilman Gleckman, that
based upon the detailed report and recommendation of the Chief of
Police, that the Council direct that the authorized protest to appli-
cation for transfer of on -sale general license of John and Jennie
Vanacore (Waterheel), 648 S. Sunset Avenue, be withdrawn.
JACKSON L. McDANIEL APPLICATION
OFF -SALE BEER AND WINE LICENSE
PROTEST
ABC application for off -sale beer and wine license by Jackson L.
McDaniel - 551 E. Vine Avenue
Mayor Krieger:
Next is a recommendation based on
location.
Councilman Nichols: Based on this location, which I
understand is adjacent to the Branch
Library of West Covina, across the street from a church, catty -
cornered across the street from a school of 13 and 14 year olds,
I move that the Council lodge a strong protest. Motion seconded by
Councilman Gillum.
Mayor Krieger:
Any objection to the motion? Hearing
none, strong protest will be filed.
PROCLAMATION - AMERICAN LEGION DAYS
Mr. Flotten: This is a request from the American
Legion to proclaim February 17-18-19
as American Legion Days, with respect to a conference that they will
have in the City of West Covina on those days.
Mayor Krieger: The Mayor will so proclaim, unless
there is an objection by the Council.
No objection. So proclaimed.
CITY TREASURER
Motion by Councilman Gleckman, seconded by Councilman Gillum, and
carried, that the City Treasurer's report for month of December, 1966,
held over from January 23, 1967, be received and filed.
MAYOR'S REPORTS
Mayor Krieger: We have a request for proclamations
for Brotherhood Week and Brother-
hood Month. Brotherhood Week - February 19 to 26, 1967; Brother-
hood Month - February, 1967. Any objection: None: Proclamations
made.
Mayor Krieger then appointed Councilman Gillum to contact Mr. Worth
of the American Legion on Saturday and represent the Council at
the Legion's Executive meeting.
-34-
C . C . 2-14 :.67 Page _Thirty-five
COUNCIL COMMITTEEREPORTS
Councilznan°-Gillum: We had a meeting of the Swimming -Pool Blue Ribbon
Committee and they -formed their different sub-
committees:and had sub -committee meetings this
past Thursday night. We seem to have people from all areas from the -City with
different views, so I am sure there will possibly be a majority and minority
'report submitted.
Also, you, may be aware that the Chamber of
Commerce has entered a car in the -Mobile Economy Run .and that I have been
selected to drive the car. I will participate at my own.expen.se, but since they
are taking the name of the City of West Covina across the United States, I would
like to have :something along to present to the different officials in the areas that
'we spend overnight stops, along with the certificates'from the Chamber. A number
of things have been suggested with. the name of the City imprinted on. I would like
to recommend to Council that they consider an item of this type to be presented
by me to different,.people along' the country. Also, if possible, the city seal to the
7 cities that_ we,:spend the night with. during this course I would -like to make it
clear I will be paying my own expenses, they are not being paid by the people
running this economy run. No cost to. the City or the . Chamber o
Councilman Nichols: Did you have .anything in mind?
Councilman Gillum: A screw driver type,of key chain that would state
on the back West Covina, ' Californ.ia, , for
1000 at $350. We. -may not use all 1000 of them but this, was the best price
bracket. I would also like the Council, to `consider the city seal on the wooden
plaque for the 7 cities. I believe this is something the :City will benefit froth.
Councilman Gillum.- _ I would move that the council approve not more
than $400. for promotional items to be used in
the name of the City of West Covina on the
Mobile Economy run.
Seconded by Councilman .Snyder.
Mayor Krieger: Moved and seconded. Is there discussion on the
motion? 'Mr. Aiassa what do we have left, if
anyt ;Rg. in promotional or advertising in the
council'budget? (Advised there was about $460.) Roll call vote:
AYES: Councilman Gillum, Nichols, Snyder, Gleckman, Mayor Krieger.
NOES: None
ABSENT- None
Councilman Gillum: There was a request made in writing and verbally
this, evening to this Council, and I am wondering,
if there is anyaction to be taken on this letter
from Mr. Garvey representing -,Mt. Albert Handler.
Mayor Krieger:
Councilman Gillum:
.Planning Commission
Is there !any `action you wish to take?
I think we should give it some consideration at
a study sessionor something. He did make a
legitimate request for referring it back to the
r •
C o C a 2 -14-67
Page Thirty-six
•
n
�J
i
COUNCI h COMMITTEE REPORTS Continued
Councilman GIeckman. The only comment I would have is at the time I voted .
denying, I voted against the motion to deny, I did not
want to create any impression.that I. would vote for the application as presented. The primary
reason I voted against the motion.to deny was that I felt this Council, 4 the Planning Commission,
or the Planning Department had not solved or helped solve or even suggested anything to be done
with that parcel of property and I think. the request that he is making is a legitimate request. It
gives' me an opportunity, at least, to state the reason I voted against it was I felt we weren't
solving anything.
Councilman Snyder: He has inferred in his letter that we will not take any action
. in. future hearings other than according to the statements made
in the letter he wrote, where he quoted us out of context. If he were to reapply again it would be
a new hearing and new evidence and certainly if he can present proper grounds for his request then
the Council might grant it.
Councilman Gleck:man: I don't think that is the idea. The idea is that he would like
to do something with his property but he is stymied because
he didn't get any concrete suggestion for the highest and best use from the Planning Commission
or City Council Again l was not in agreement with.the application as it was proposed,
Mayor Krieger.. That wasn't the problem presented to the PlanningCommissiono
He presented a specific zone request. If he wants an answer
to another question he ought to pose another question .to the Planning Commission, which he
could do by applicants initiative.
Councilman Nichols. That is my feeling precisely.
Councilman Gillum. Is it proper for someone to come in and say to.the Planning
Commission is this the proper way to do it? That is one area
I am not too clear.about.
Mayor Krieger. Mr. Williams might want to elaborate - but as I understand,
he can file a zoning application befote the Planning Commis-
sion and ask for the zoning for the highest and best use.
City Attorney, Mr. Williams. Yes he can leave it up to them to determine what zone is
the best,
Councilman Snyder. He still has to present certain arguments.
City Attorney, Mr. Williams. Yes - general arguments that the present zone was not the highest
and best uses or he would not be asking for a change,
Mayor Krieger. There is, I think, a procedure that is available to the
applicantin this situation. o 0 o 0 0
Councilman Gillum. In other words you are saying that he can do on his own what
he is asking the Council to initiate.
Councilman Nichols: Mr. Williams, is it not correct that where he would come back
and ask, even after a denial, that he need not wait a year?
C. C. 2�- 14-67 Page Thirty -Seven
City Attorney, .Mr. Williams: There .is -no requirement - he can file the next day.
Councilman' Nichols: I have been concerned about our residential or
RP zone that allows for uses in a structure RP
• zone that are alterable or purposely incidental to
-the major use, .for example a medical. building and a drug store that is allowed to
operate in a medical building. I have °seen ,one or two instances around •the
community •of cases. -where applicants have come before ,this council sand have
-created a development in a residential -zone and have •stated ,it Would 'be incidental,
to the major use. I would like to :abet a reaction €rom �Mr. Williams . It is my
understanding 'that when they .say " inciden-tal -in "use'° it is root generally abroad
use, but is gone that lends to the operation it6e'l�f,-is'that correct? In other words,
within the intent, of the: RP ordinance can a person 'build a medical center including
a lunch counter within that facility and then specifically and intentionally
advertise and solicit business irom'the general public?
City Attorney, Mr. Williams: I think probably not. Incidental. Uses are common
in larger cities,. Huntington Hotel in Pasadena has
incidental uses'. shops, eta. , within their
facility, but they don't cater to. the outside, they cater to the hotel traffic. They .
don't advertise to outside users. I think 'the Word incidental ceases to have any
meaning when you -describe what you, lusvdid.
Councilman Nichols: If this were determined that such a situation
exists and the major thrust was to outside users,
• what would be. the cities recourse in trying .to
correct?
City. Attorney, Mr Williams: It would be a'ca.tation for:viotateng•-a zoning ordinance.
...Councilman Nichols:. I. would .call the councils attention to the
location of. the Maxson Medical Center, where a
restaurant WO and where there are presently .
signboards not only on vehicles on our public streets, but in direct violation of
our sign ordinance -on. -the lawn announcing to the 'general public the restaurant,
also newspaper advertising. Y don't raise this question in a petty sense afi all,
but. if we have an ordinance -that a zone is 'RP and if there is a subterfuge -of this
type and. we allow, this we are breaking down our very fabric of our zone Structure.
Mayor Krieger: Can you .give us 'a report on this 'Mr. Aiassa ? .
Gi Manager, Mr. Aiassa: Yes. ..Mr.. Menard will follow through on it.
Councilman Gleckman: I have nothing to report Mr. Mayor, other than
'the Thursday night meeting on the Annexation
Committee. I will request a report and phase
9u1 that particular, committee so .I will, be available to this. council for another
committee.
Councilman'Snyder: I am a repreS'entative to SCAG` and there is a
Meeting on the 24th and we have never resolved
Whether the reprepentative is to go directed or.
non -directed. There is apparently a controversial item coming up.. I am asking
what is the policy of the League of California Cities Whether. the representative
is. directed or non -directed? In ,the :past it has always been the policy of .the
representative. to vote as he thinks the, ' ajority a€ the council would agree.
y
.Co C o 2m 14-67 Page Thirty -Eight
Councilman Gillum: We'are in disagreement on .SCAGbut I feel you are
wise enough to represent the majority of the council
and I would not want to go down some6.,Nace with a
re striction on me, so I would be willing myself to defer to your judgment e ven if I
• don't agree with SKAG.
Councilman Nichols: I would defer to your judgment m until I disagree
with you.
Councilman Gleckman: I think it depends on the representative,
Councilman Snyder: It is -possible a councilman can embarrass the rest
of the council o .
Mayor Krieger: I think what bothers the Council is that. if we tell
you you are instructed'you won't go and dn'er;of
them will have to be.'appointed, Anythi 'else?
We do have A meeting with the State Division of Highways - Thursday in .Los
Angeles and Thursday evening a committee meeting on Community Goals.
May I have a motion on demands ?
APPROVE DEMANDS
Motion by Councilman Gillum, seconded by Councilman Gleckman, that ,demands
totalling $17, 201. 10 that list on .the main sheet 0535, B2.83 through 289, be'
'approved.. Motion carried on roll call as follows,
AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, 'Mayor Krieger,
NOES: None
`A$MNT: None
Mayor Krieger: There being no further business, may we have a
motion adjourning to,February 20th at 7: 30 p.m,
Motion by Councilman Gillum, seconded by Councilman Gleckman, that the meeting
stand adjourned at 11 p , m . , to February 2.Oth at 7: 3 0 p . m . Motion carried.
ATTEST. -
CITY CLERK
AfFROVED
MAYOR