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04-24-1967 - Regular Meeting - MinutesMINUTES OF :THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA APRIL 24, 1967. The regular meeting of the City Council was called to order by Mayor Krieger at 7: 31 o'clock P.M., in the West Covina City Hall, Councilman Gillum led the Pledge of Allegiance. The invocation was given by Reverend Ralph H. Moe, Mount Calvary Lutheran Church. ROLL CALL Present: Mayor Krieger,_ Councilmen Gillum, Nichols, Gleckman Councilman Snyder (Arrived at 7:40 p.m.) Others Present: George Aiassa, City Manager H. R. Fast, Public Service Director. Owen Menard, Planning Director George Zimmerman, Assistant City Engineer Robert Flotten, City Clerk H. Williams,. City. Attorney Robert Gingrich, Director of Recreation & Parks Mabel Hoffland, City Treasurer APPROVAL OF MINUTES • March 20, 1967 - Approved as submitted as follows. - Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Minutes of March 20, 1967, be approved as submitted. April 10, 1967 ® Approved as amended as follows: Councilman Gleckman: I have a couple of corrections. Page 26 and 27, the word "aesthetic " is mis-spelled. Also on Page 26, the first paragraph where it said "15 out of 40 trees in five lots" - should be "five blocks" . Mayor Krieger: On Page 6, the statement attributed to Councilman Gleckman, I believe it is the 4th statement from the bottom. I believe the actual statement was "I withdraw the last part of my motion" rather than the "second and last part of the motion. Page 11, the statement attributed to me " we are considering partial commercial zoning I believe the statement was "we are considering commercial zoning on this property." Page-.5, the motion and the second was to "receive and file the minutes of the Recreation & Park Department with the exception of Item #5" and not. to "delete Item #5 . " Page 20, this has to do with the communications received by the council on the Undesirable Street Tree Removal Program. There was no statement that the public portion of the hearing was closed. It was not a public hearing item, it was merely a reception by the council under Oral Communications of statements that people wished to make under Item #5 of the Park & Recreation minutes. So it was not a question of opening and closing a hearing, it was merely Oral Communications, and that statement should be stricken from the minutes that the public portion of the hearing was closed. C. C. 4/24/67 Page Two APPROVAL OF MINUTES - 4 /10/67 - Continued Councilman Nichols: On Page 3, the statement attributed to me, is I believe simply a mixing up of what I intended to say or what I believe I did say. "I believe the area of possible mis- understanding is the $36, 400.00 fund is all money from our bond issue of Storm Drain Local Fund " I am not sure any longer exactly what. I said, although I wander on sometimes at some length I don't think I said that. I would like to show the correction to read "I believe that the area of possible misunderstanding is the fact that the $36,400.00 fund is all money from our local Storm Drain Fund." Councilman Gleckman: I have one other correction Mr.. Mayor, Page 37, I am sure Councilman Snyder said this, but I don't think he said it the way it came out in the minutes. It said "but; nobody this low down" and I wouldn't like to see it stay in the minutes that way. Mayor Krieger: The language will be changed to read "but not anybody at this level" Motion by Councilman Gleckman, seconded by Councilman Snyder, that the minutes of April 10, 1967, be approved as corrected. Councilman Gillum: Mr. Mayor, due to my absence at the last meeting, I will abstain from voting. Motion carried on roll call vote as follows: AYES: Councilmen Nichols, NOES: None ABSENT: None ABSTAIN: Councilman Gillum CITY CLERK'S REPORTS Snyder, Gleckman, Mayor Krieger TRACT 28988 ACCEPT STREET, . SANITARY SEWER AND STORM DRAIN LOCATION: South Hills Drive IMPROVEMENTS _ IDAHO CONSTRUCTION COMPANY Cameo Vista Drive APPROVED Accept street, sanitary sewer and storm drain improvements. Authorize release of American Motorists Insurance Co. , performance bond No. 5SM 157 170 in the amount of$83, 000. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to accept street, sanitary sewer and storm drain improvements - Idaho Construction Company; and authorize release of American Motorists Insurance Co. , performance bond No. 5SM 157 170 in the amount of $83, 000. PROJECT SP-300 LOCATION: Amar Road to Easterly ACCEPT SANITARY SEWER IMPROVEMENTS side of Azusa Avenue HOME SAVINGS & LOAN ASSOCIATION (For tentative tract No. 29126-City) APPROVED Accept sanitary sewer improvements. Authorize release of The Western Casualty and Surety Co. , performance bond No. 345534 in the amount of $100, 000. Motion by, Councilman Gillum, seconded by Councilman Gleckman, and carried, to accept sanitary sewer improvements; and authorize the release of The Western Casualty and 2 C o C o 4/24/67 Page Three CITY CLERK`S REPORTS - Continued and Surety Co. , performance bond No. 345534 in the amount of $100, 000. PROJECT SP-301. O ACCEPT SANITARY SEWER IMPROVEMENTS HOME SAVINGS & LOAN ASSOCIATION LOCATION, Azusa Avenue, north of Amar Road, (For Tentative Tract No. 29126) APPROVED Accept sanitary sewer improvements Authorize the release of The Western Casualty ,& Surety Co. , performance bond No. 345535 in the amount of $18, 000. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, to accept sanitary sewer improvements; and authorize the release of The Western Casualty & Surety Co. , performance bond No. 345535 in the amount of $18, 000 PROJECT SP-67001 1966-67 PRIORITY SIDEWALK. CONSTRUCTION REQUEST FOR TIME EXTENSION ROBERT W o GRAVES, - CONTRACTOR APPROVED Item 2, NOT APPROVED LOCATION, Various locatiazs through- out the City. Reivew Engineer's Report. Grant time extension of 10 working days for completion of Project SP-67001 to April 28, 1967 Motion by Councilman Gleckman, seconded by. Councilman Gillum, and carried, that Robert W. Graves, contractor, for priority sidewalk construction be granted an extension of 10 working days from the original date of completion or until April 28, 1967 Mayor Krieger, On the second item, let me ask a question of the City Attorney regarding the staff's recommendation. The recommendation "that: the City Engineer be granted authority to extend the time limit by the number of days of rain or delay occurring subsequent to this approval, " Is there any comment you care to make on that. procedure Mr. Williams? Mr. Williams, 'I think it is legally proper for you to grant this, .it is a matter of . City Attorney your discretion Mayor Krieger. Mr. Aiassa, please. .I can understand an extension caused by rain but what would be the other considerations the staff had in mind, when they talked about "or delay occurring subsequent " Mr. Aiassa, I believe the staff had in mind - utilities, City Manager Mro..Fast, There could be other things that could occur that would delay Public -Service the contractor beyond his control. It might be an act of the City 'Director or an- action of Public Utilities over which he had no control and we would allow a delay on that basis Councilman Nichols, I am not at all concerned with delegating to the staff the granting of additional time in matters of this nature, however, I think that one of the functions of the council, as we relate to the citizens in the community, is to be constantly aware of matters of delay relative to city projects in our community. I think one of the best ways we can be aware of those matters is to be aware of the delays as they develop. I do not personally conceive of any burden that may be imposed upon either the contractor or the staff if the staff Mound it advisable to return to us again in the future and request additional extensions where they might be necessary. . So from my own point of view .I would prefer to - 3 - C � C � 4/24/67 Page Four is Is CITY CLERK'S REPORTS - Continued continue on the basis that where the staff came to this body and requested routinely those extensions that they desired to ask for on behalf of the contractors RESOLUTION NO. 3557 ADOPTED U,E 67-9 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING COUNTY -CITY STATE AGREEMENT NO. UE 67-9 FOR THE PROPOSED CONSTRUCTION ON AZUSA AVENUE BETWEEN AMAR ROAD AND RENAULT STREET (FEDERAL -AID SECONDARY PROJECT 634-2) Mayor Krieger-, Hearing no objections, we will waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that said resolution be adopted. Motion carried on roll call vote as follows. AYES-, Councilmen Gillum, NOES-. None ABSENT. None REPORT OF THE COMMUNITY GOALS BLUE RIBBON COMMITTEE Nichols, Snyder, Gleckman, Mayor Krieger Mayor Krieger-. I think it would be appropriate at this time for, the chair to recognize the presence this evening of the cochairmen of the Community Goals Blue Ribbon Committee W Robert McKennett and Ernie Steele There are other members of their committee present this evening, but at this time the chair would call on Mr. McKennett and Mr. Steele Mr. Robert McKennett-. Mayor Krieger and Councilmen, I am here representing my Cochairman Ernie Steele and 54 members of the Community Goals Blue Ribbon Committee, several of whom are present here tonight: for the presentation of this report. (Mr. McKennett briefly summarized the areas covered in the report; Mayor Krieger thanked the Committee for their work, saying that he and the other councilmen will read the reportwith great interest, that this report will act as a "road map" for, the City of West Covina for many years to come, and that there was no way--thatCity: could' have -paid for the time and talent: of those that; worked on the Committee to make this report possible) Mayor Krieger, On behalf of the council please accept our sincere thanks for the time and effort this report took and we will be asking the cochairmen and members of this Committee to return at an early date and accept more tangible evidence in forms of certificates and resolutions of this council's appreciation of the time and effort that went into this report and study. Motion by councilman Gleckman, seconded by Councilman Gillum, and carried, to receive, and accept the report of the -Citizens , Blue Ribbon Committee on Community Goals. (MAYOR KRIEGER COMMENTED THAT HE NOTED THE PRESENCE OF MRS. BERGMAN AND ASKED HER IF ANY MEMBERS OF THE AMERICAN FIELD SERVICE WERE PRESENT, 4� C. C. 4/24/67 Page Five MRS. BERGMAN STATED THAT DUE TO THE PRESSURE OF SCHOOL WORK IT WAS IMPOSSIBLE FOR THE STUDENTS TO BE PRESENT TONIGHT AND SHE REGRETTED THAT THE MESSAGE HAD NOT REACHED THE COUNCIL.) O PLANNING COMMISSION PARCEL MAP NO. 28 LOCATION. 310 Monte Verde Drive DR. EARL A. CLAMPETT .APPROVED (Mr. Menard, Planning Director, advised that he had nothing further to add to the report of April 21st submitted to the council) Motion by, Councilman Gleckman, seconded by Councilman Snyder, and carried, that the council approve Parcel Map No. 28, Dr. Earl A. Clampett, subject to the condi- tions set forth by the Planning Department report of„Apri_l 5; 1967, andas supplemented and amended by the action of the Planning Commission. in their action of April 19, 1967. MOBIL OIL COMPANY Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the report be received and filed SCHEDULED MATTERS 0 BIDS PROJECT MP-6417-1 GALSTER WILDERNESS PARK Bids were received in the office of the City Clerk at 10.00 A.M. on Wednesday April 19, 1967. Bids received as follows. Guardian Fence Company $2, 566.50 Alcorn Fence Company 4,400.00 Crown Fence & Supply Company 4,500.50 Mission Fence & Patio Company 7,880.00 Robert Flotten. The Department of Public Services has made a formal City Clerk recommendation, however, we do have a letter from the Guardian Fence Company with respect to the w thdfawa1rof-their'b'id for the counci.l's 'consideration Councilman Gleckman. Can we reorder this to bid Mr. Williams? Mr. Williams. Yes, if you are satisfied that the low bidder - Guardian City Attorney Fence Company, actually made a mistake. They contend they omitted the item of labor, I talked at length with several members of the staff this afternoon and the next lowest bidder has indicated that the amount of the bid is actually the amount of material, so there is evidence of the truth of the statement that there was a mistake made in the computation of the low bid. If a bidder makes a mistake and withdraws his bid before accepted, he has the right to do so and the bond is not forfeited. The result is the same as if the lower bidder had not bid, therefore, you may -award to the next lowest bidder if you wish, - 5 - C . C a 4/24/67 Page Six SCHEDULED MATTERS - Continued you may readvertise, if you wish; or by a four -fifths vote of the council and adopted by a resolution, you may have the work done by your own forces and the materials purchased on the open market, Mayor Krieger- Is a separate and specific action required on the request of Guardian Fence Company to be allowed to withdraw their erroneous bid? Mr. Williams- I think it is desirable. The law does not say it is City Attorney required and yet to clarify the matter as to whether or you are withdrawing or not, there should be a motion to make it certain. You could, as one further alternative, delay this matter for a week or two weeks until your, next meeting to satisfy your mind that a mistake has been made, although I believe the Public Service Department will indicate that in their opinion a mistake has been made Mayor Krieger- Mr. Fast will you make a statement for the record on this matter? Mr. Fast. Based on the investigation the staff has made since the Public Service Director receipt of this letter and also in connection with the Number 2 low bidder we feel that a mistake was made in submittal of this bid Motion by Councilman Snyder, seconded by Councilman Gleckman, that the Guardian Fence Company be allowed to withdraw their erroneous bid and that their bid bond be returned. Motion carried on roll call vote as follows. AYES. Councilmen Gillum, Nichols, Snyder, Gleckman., Mayor Krieger NOES. None ABSENT: None Councilman Nichols- The average bid as listed here on this Bid Sheet was just a few hundred dollars higher than the next lowest bid and it comes in at 45. 1% above the engineer's estimate; .I would be interested in knowing if the staff has a recommendation to the council as to the disposition of the remaining bids. . Is their advice to this body in terms of rejecting all bids and readvertising? Mayor Krieger- There was a memorandum submitted this evening having to do with the Alcorn Fence Company; the next lowest bidder. - Motion by Councilman Nichols, -that the Council accept the second low bid of the Alcorn Fence Company in the total amount of $4,400. for Project MP-6417-1 and that sufficient funds be added to the account to cover the cost of this work from Account 125-6621. Mayor Krieger- I wonder if you would consider withdrawing the "second low bid" to read simply a "low bid of the Alcorn Fence Company" Councilman Nichols. Agreed Motion' Seconded by Councilman Snyder and carried on roll call vote as follows. AYES. Councilmen Nichols, Gillum, Snyder, Gleckman, Mayor Krieger NOES. None ABSENT- None 6- C. C� 4/24/67 Page Seven HEARINGS PROJECT SP-67018 LOCATION- Workman Avenue, between Azusa PROTEST HEARING ON PROPOSED WORK Avenue and Phillips Avenue. 1911 ACT (SHORT FORM) HELD m OVER Hearing of protests or objections to street 0 improvements at 1838 and 1842 Workman Avenue. Set f or hearing on this date by Resolution No. 3547, adopted by the City Council at their regular meeting on March 27, 1967 Mayor Krieger° This is the time and place for hearing of protests or objections on street improvements at 1838 and 1842 Workman Avenue. Mr. City Clerk do you have the affidavits relative to this hearing? Mr. FlottQn, City Clark, We have the affidavits Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the affidavits be received and filed, Mayor Krieger, Mr. Fast, as Director of Public Works, will, you present the actual facts data of the Engineer's report and a statement to the percentage of improvements in the existing property area ? (Mr. Fast: read the Engineer's report and presented a statement.) 0 Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried that the Engineer's report 'and, statement of the Director of Public Works be received and filed Mayor Krieger, Mr. City Clerk, have you received any written protests on this matter? Mr. Flotten, . City Clerk, No, Mr, o . Mayor Mayor Krieger: Now would be the time and place if there is anyone present this evening who desires to make any oral protests or objections to this matter, Donald Moody_- owner I am also the executor of the estate of 1842 E. Workman Philips S. Daniels, owner of the property at 1838 E. Workman Avenue. It is with considerable bewilderment I come here tonight because of the past history on this matter. ..A good many years ago the property to the west of us was regraded - the street to the west of us was regraded with the result that the entire drainage of Workman Avenue came down across both our properties. We contacted the City Engineers office and gotno response whatsoever, except: suggestions that we put in curbs. We were unable at anytime to get a hearing with Mr. Pontow, In fact, I almost assumed that Mr. Pontow is a ghost. .As many times as I have tried to call or contact him in the past and he has never been in and I have never been able to meet the gentleman anyway„ A short time ago I was contacted by Mr. Winters of the Street Department -who brought with him an estimate, which I. hold in my hand, on the improvements which the City wanted to do. Total estimating cost of $ 14 040 14 o At that time I was of the opinion that because both our deeds to the property read to the 'center of Workman Avenue -7W C. Co 4/24/67 Page Eight. HEARINGS - Continued that we had a property interest in the property. I asked Mr. Winters about it and he promised to investigate that. In the meantime I contacted an attorney, his first suggestion was that we offer to the City the exchange of property for the improvements, which I relayed to Mr. Winters. I heard nothing more until the property was posted with an estimate of $3, 166, 12 for improvements, which lead to my considerable bewilderment. In the meantime my attorney has investigated and advised me that due to certain language of the Phillips Tract deal with the City of West Covina that I do not have title to that property and that the City has the authority to pursue this motion However: in view of the arithmetic involved and in view of a number of other times when estimates by the City have been doubled or better, I am naturally somewhat. dubious. Also, I am informed that Workman Avenue is now known as what is called a secondary highway, that the pavement is to be removed and improved and regraded on the entire balance of the quarter mile of street there and why shouldn't the pavement at least be taken care of by the City in front of our property. So I am respectfully suggesting to the City that they at least take care of the pavement in this strip which they are mentioning and we take care of the curbs, driveways and sidewalks. .It also seems rather unreasonable that we be. instructed to put this in and then the City Crews come along, I belive they are going to be sewers in there, and then the work that we put in will be pretty well torn up anyway. So I am asking the reconsideration of the City Council on this with the proposition that we will construct the curbs, gutters, driveways and sidewalks and request that: the City, as this is a secondary highway and it is not necessary to our property at all, that the City assume the paving. Mayor Krieger. Thank you Mr. Moody. ...... � The Chair will 0 reflect for the record that there appears to be no one else who desires to protest orally this matter. Motion by Councilman Gillum, . seconded by Councilman Snyder, and carried, that the hearing is closed (Council Discussion) Councilman Gleckman. Mr. Aissa, can I direct a question to the staff? (Yes) Mr.. Fast or Mr. _Zimmerman - can you give me answers to some of the things discussed here tonight:? First of all, the amount of $3166. versus the amount of $1404.14 , and secondly, 1 thought all we were asking for is curbs, gutters, sidewalks and driveways? Mr. Fast. $3166. takes into account curb, gutter, sidewalk, Public Service Director driveway approaches and 9° of pavement. Very similar to a Short Form 1911 Act that the council acted on earlier on a secondary area, wherein a certain amount of the paving was absorbed by the City and a certain amount was determined to be contiguous to the property even though the 1911 Act Short Form allows cost to the center line of the street, the council on that project reverted to 9' of paving, so we reverted to 9° of paving at this time as well, so that is the $3166 figure. As far as the ..$1404. figure is concerned, I am not personnally familiar with it. We do have continuing surveys throughout the City wherein improvements are not in and where we do not have right of way and some times cost is calculated for the curb and gutters only, but I am not familiar with this personally. Mr. Zimmerman might. Councilman Gleckman: Can you give me an idea also as to breaking down the 9° right of way? The amount, please. C. C. 4/24/67 Page Nine • 0 0 HEARINGS - Continued Project SP-67018 Mr. Fast- The pavement and the 6" aggregate base below it would Public Service Director be $787.50, at least on this breakdown. Councilman Gleckman: In other words, and correct me if I am wrong, if we put in the 9 ° and charge Mr. Moody the $ 7 87 .5 0 , we could then allow him to put in the rest of the project. What I am getting at, if our figures do not jive with the estimates Mr. Moody has received - in other words the $787050 off of the $3166. would be the balance that it would cost for curbs, gutters, driveways and sidewalks? Mr. Fast: At a guess, yes. Including excavation for it. Councilman Nichols: I would like to take this opportunity to reiterate again this feeling that I have about this matter, that I would very much like some day to convince the remainder of this council is a just feeling. This City under certain circumstances qualifies for aid to highways and I ,undcrsta.nd that qualification is based upon the fact -that certain, highways are corfin-ion highways in the community, or better stated are highways that are of comrmon interest and equal interest to all residents of the community. When you have such a highway that is so designated it is obvious, at least under law and in the aid to those highways, that this City receives thousands and thousands of dollars every year, that that highway is of equal interest to somebody that lives on Francisquito or someone who lives on Workman Avenue, or Azusa Avenue, or Cameron Avenue, or wherever they live. If that in fact is true, I cannot understand how this body can put major improvements of these secondary highways that are calculated to serve all the people in the community equally and charge the abutting property owners for those improvements on the sameidentical basis that we would charge those property owners if they lived on a side street that did not qualify under this category and did not gain the additional supplementary benefits of outside funds for supporting maintenance. To me the concept is entirely different. Although I live on a private street, and others have access to my street in general that street is for access to my home and the homes on that streetas jlaVhen om one fronts o a street that is a major highway roue for travel'for man than v an acces. that treet is there more�ea��s�i=r��s's: to is�h e . �s�l_ The ;haw otherwise recognizes that and I do not understand why this council does not recognize that principle and at least provide some relief to people that live on streets of that nature. So again, because of the nature of this street, I am opposed to the assessment on this basis. Councilman Snyder, However, it is a secondary highway and he does need a street for access and secondly, we are giving him a break of how many feet Mr. Fast? (Answer: 11°) So he is paying about the same he would pay if he was on a total private street. Mr.. Aiassa: The total project is about $22,405.00. City Manager Councilman Gillum, Mr. Fast - the gentleman stated we are going to re- surface the street completely? Mr. Fast: Yes. From Azusa Avenue easterly to the county line Public Service Director will be resurfaced Councilman Gillum: And does this include making provisions for the ' constant water we have at that corner? C. C. 4/24/67 Page Ten HEARINGS - Continued SP - 67018 Mr. Fast-, No. Not in this plan, but if you will recall the Council Public Service Director did approve a maintenance agreement that will be effective with the State, May 1, 1967, and we hope, based on the experience of other cities that once the City takes over jurisdiction there is less red tape involved to getting State participation into correcting these matters than if we requested them to do it of their own volition, So we hopefully feel that very shortly thereafter we will be able to do something about that. However, the final correction is a storm drain in Azusa Avenue and that is many years away. The nuisance water will not be corrected entirely until the storm drain is put in. However, we have -a, proposal to convert this entirely to Portland Cement concrete - the water will still be there but we hope to eliminate the chuck holes. Councilman Gillum. Is there going to be any sewers installed on Workman? Mr, Fast. The main sewers installed under this project - we will at Public Service Director City expense put in the laterals so that the paving does not have to be torn up again and then when they hook up they will pay for the lateral at that time. (Question. The property Owners? Yes , on a reimbursement basis.) Councilman Gillum-, You have no idea then where this $1404 . is from.. I have suhtracted the $787.50 and we are still about a $1000 difference. 0 Mr. Fast. When various projects are in the embryonic stage we Public Service Director attempt to find various combinations whereby a job may be performed without going to this procedure and it could be that the field engineer in attempting to estimate curb, gutter and sidewalk cost only in the hope that a cooperative project could be established and this would be presented to the City Council for consideration. However, when these cooperative projects are agreed upon by all parties it is consumnratedin an offer by the property own- er, and ends up on a staff report to City Council, So I am assuming the contact was fruitless as far as the field engineer was concerned, I would guess there was a mission of that type sometime ago, I am not sure of that but I would presume this might be the case. Councilman Gillum: With the 1911 Act as far as we have gone with it, is it possible to find a way - because it appears to me if we could find a way to work with the individual who owns the property if he wants to work with the City it would appear to me that he could save a considerable amount of money. If you go to the 1911 Act is that it, do you have to go completely with the complete operation or is it - - What I am trying to make a point - is that it appears if the City and the property owner could get together it would appear they could save the property owner a considerable amount of money. Mr. Fast. The $3166 are all costs attributable to the sidewalk, Public Service Director curbs, gutter and 9 ° of paving including excavation and sub -base, all things of this nature, which would be required if he chose to put them in on his own volition at this time or anyti rre within the same economic time. If the City Council chooses to make some other break, that of course, is their prero_gatiu_e.. Councilman Gillum: Then it can be done. Mayor Krieger: It was done, as I remember, when the Japanese - American property came before the Council, There - 10 - C. C. 4/24/67 Page Eleven HEARINGS - Continued Project SP -67018 was some readjustment by the Council on the center 10' . This is the same procedure that we followed there, and we followed the same hearing procedure as far as Lark Ellen was concerned. Councilman Snyder: Mr. Moody, you said a short time ago, when this offer of $1400. was made - what do you mean by a short time? Mr. Moody- If my recollection serves me correctly, it was something like 10 days before the property was posted. .I may be a few days off one way or the other. I was waiting for Mr. Winters to call me back to advise me what he found out about the title, when the property was posted Mr. .Fast: Mr. Williams mentioned this - of course, I am not Public Service Director Mr. Winters so I don't know, but it might have been a per lot price. This sort of ties in ... Mayor Krieger- In any event you don't have any further information at this time? (Answer. No.) Alright, Virginia was assured that there is a Santa Claus and I think Mr. Moody ought to be assured that there is a Mr. Pontow, our City Engineer. What is the cost to the City in this project, Mr. Fast? Mr. . Fast- Our estimate for city project is $19, 200. The property Public Service Director owners, participation approximately $3, 200 fora total 4 of $22,400 approximately. Councilman Gleckman: I would like to clear up this matter of the gentleman getting a quote so far off from what is being presented this evening. Mr. Williams, do we have any problem here this evening if we put this off to our next meeting? Mr. Williams. Not unless it is an engineering problem in the timing City Attorney of the work. My surmise would be what Mr. Fast mentioned that the one quote was a per lot basis, it comes out almost exactly equivalent of what you got. There is no legal reason why you cannot put it over. Councilman Gleckman: Mr. Mayor, that is the way I feel about it. I would .like to see this held -over to our next regular meeting pending the outcome of just what Mr. Winters did quote, what was quoted and how it reflects this price here in order to satisfy the property owner, with the hearing open. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the hearing be held open to the next regular meeting of the Council on May 8'-on-'Pfojebt SP-67018 with the hearing open. Councilman Nichols. Mr. Mayor, I would like to be informed as to the virtue of holding this matter open. As I understand the proceeding is to determine whether or not. this ,project,is:to .proceed and the cost that will result there from are to be determined at a later time, Is that not correct? In other words there doesn't have to be a firm dollar cost figure this evening, the hearing is not for that purpose. It is to protest the proposed work. Therefore, it would seem to me that this hearing could be con` sumnated this evening and yet the problem that Councilman Gleckman�$t3ri�1� zz.dLproperly brings up, still could be �resoived­fat.er:with no prejudice attached there to. 11 - C. C. 4/24/67 Page Twelve HEARINGS - Continued SP -67018 Mayor Krieger; The only point as I understand the sequence of events, if we were to approve the proposed work the property owner would then be given 60 days from the date of approval in which to begin construction of these improvements himself or the City would then be entitled to construct the improvements at the property owner's expense and then it would first come back to the City with regard to the cost of assessment. Is that basically the procedure, Mr. Fast? Mr. Fast: Actually the 60 days must have been prior to your Public Service Director first action because the deadline is May 28, 1967, which is essentially only :35 days from- today. . Mayor Krieger: Let's clarify the point. If the Council does not go ahead and authorize the proposed improvements, why does your 60 days continue to run? Mr. Williams: I am not sufficiently familiar with the statu te.. to City Attorney answer that positively. It was my impression that the 60 days would start only from the time the project was ordered._t-o be., done,. However, Mr.. Fast may be right and if he was the date would be May 28. I cannot answer that, I am not sure. Mr. Fast: The date of posting is our understanding - 60 days Public Service Director from date of posting. 0 Mr. Williams,: City Attorney: This could be right. Mayor Krieger: If that is right Mr. Nichols, the point would be you are getting the property owner into a very short time sequence here as to what his alternative would be in this situation. Councilman Nichols: But it has been stated .just now that this time is running right now. It is still immaterial as to whether this council acts tonight _ - the issues are divergent here Mr, Mayor. On one hand we say the date of May 28 which is running out regardless of the action we take here. Mayor Krieger: But the cost of the assessment would not come back to the Council, as I understand it, until after the completion of the work, so if we were to go ahead and approve the proposed work, then there would be no action that we would necessarily have to take further on this matter until sometime after May 28th. Councilman Snyder: The point is that in holding it over it is not going to change the cost of the assessment. Mayor Krieger: The only legitimate area of inquiry is whether it changes the allocation of the assessment. Councilman Nichols: Well then I would defer to that point. If this council has no opportunity to review the assessment, which I understand we do and have in the past, then of course there would be no point in going on. The cost is going to be whatever the cost is, we can assume it is going to be the lowest possible bid. The whole question that will face this body, is the assessment on this man's property. Is the assessment a valid assessment? It seems to me that could be determined anytime. - 12 - C. C. 4/24/67 SP-67018 - HEARINGS - continued Page Thirteen O CI 0 Mr. Aiassa-, Mr. Mayor - Item 16 of the procedure for City Council City Manager of a affidavit protest - The City Council holds a hearing and sets cost of work done and method of payment and that is just before your final action, so you do have the time. This is when we dealt with the Japanese - American property. Mayor Krieger-. This was after the improvement was already constructed. (Answer-. Right.) But hypothetically, what is the property owner faced with this situation could decide that he could do it cheaper, he might and could properly under the laws, as I understand it, have a time in which to commence the construction on his own? Mr. Aiassa-. City Manager According to this procedure he has a normal 60 day waiting period before the beginning of this construction. Councilman Gleckman-. Let me clarify this. That was the reason for my motion. If we can get the idea of cost then the person we are assessing this to_ has the option of getting the work done if he can get it done for less money or have the city do it. But I think hie should know the cost before we make that decision. Mr. Williams - City Attorney Really, Mr. Fast has no question about the costa The only question is why did the $1400 matter go out first. Motion to hold -over until May 8 with the hearing open passed on a roll call vote as follows. AXES. Councilmen Gillum, Gleckman, Mayor Krieger NOES-. Councilmen Nichols, .Snyder ABSENT. None ZONE.CHANGE NOo.372 LOCATION-. East of Pass and Covina Road, including City Initiated Maple Grove and Harvest Moon Streets. (Annexation No. 19 2) Request to zone all land in Annexation No. 192 to the most comparable city zoning. .Planning Commission Resolution No. 1946,. Zone R-1, Area District 1. Motion by. Councilman Snyder, . seconded by Councilman Gleckman, and carried, that the affidavits be received and filed (Planning Commission Resolution No. 1946 read by Mr. Menard, Planning Director.) Mayor Krieger-. This is the time and place for the public hearing on proposed Zone Change No. 372 IN FAVOR None IN OPPOSITION None Mayor Krieger-. Sir - did you wish to speak In Favor or In Opposition? (Audience participant) I am not sure I understand the proposed issue. Mayor Krieger. Sir the time to acquaint yourself with the issue, of course, would be before the time of the hearing - 13 - C. C. 4/24/67 Page Fourteen HEARINGS - Continued Zorie.:Change No. 372 Do you have any position you wish to state to the Council on this matter in general? (Answer. No.) The chair recognizing that no one present wishes to speak In Favor or no one present wishes to speak in Opposition of the proposed Zone Change, Othe hearing is closed and the council discussion is in order. Councilman Gleckman-, Mr. Menard - basically, this is putting the -zoning in this particular area that presently exists only with the City's terminology? Mr..Menard: This is correct. Area requirements are exactly the Planning Director same. Councilman Gleckman: Thank you. Mayor Krieger: It would create a hardship on the present property owners to do otherwise, in the estimation of the Planning Department and the Planning Commission Councilman Snyder: May I ask the gentleman a question? Do you live in the area? (Answer. Yes, .I do.) Does this last sentence explain the issue to you? (Answer. I think so.) We are merely attempting to put the comparable zoning in the City on it that is in the County so that none of it will be non -conforming O Councilman Nichols: Mr. Mayor, I think it is entirely correct that any area being proposed for annexation to the CCity" should come into the City under no less favorable terms then their current status or jurisdiction in the County and as the intent of this rezoning is to create a zone in West Covina comparable to the zone that applies to that property now in the County I am pleased to move that the Council approve City initiated Zone Change No. 372. Motion seconded by Mr. Gleckman, and passed .all councilmen. in, favor;.. ; PLANNING COMMISSION CALIFORNIA ROADSIDE COUNCIL Councilman Snyder: Since we do not have outdoor advertising in West Covina, .I think this is good that we should support this resolution as proposed by the Planning Commission. Councilman Gleckman: :I can go along with that. Mayor Krieger. I don't have great sensitivity in this area, but the procedure that has been established for sometime now is that the Planning Commission will direct its communication to the Regional Planning Commission and the City Council will act with other governmental and political bodies. Here the Planning Commission seems to be prepared to address a resolution to the two United States senators and two congressmen from this area. I know there was no - overt attempt by the Planniing-Commission..to step around this establish- ed policy, but'l-think:_it._would.be_proper to remind the- Commidsion.thatImatter6,of this type are policy in nature and are properly referred to the council with recommendations rather than policy statements. I appreciate the fact that there was a communication 14 - Co Co 4/24/67 Page Fifteen PLANNING COMMISSION - Continued from California Roadside -Council to the Planning Commission, but this appears to be a form letter and I have a hunch it was probably sent to every Planning Commission in the State of California including those'Planning Commissions in .larg:e jurisdictions that are somewhat autonomous in nature and are not necessarily comparable to the situation we have in West Covina O Mr. Aiassa- I would like to make one suggestion. I think the City Manager policy the Council has maintained in this kind of communication to congressmen has been done by City Council resolution and I would like to suggest that we take the same resolution and redraft it for the Council meeting of May lst. .I think it carries more weight because the council is -a legislative body. Councilman Nichols- Mr. Mayor, I think the comments you made are totally valid. However, in order that the efforts of the Planning Commission in this instance might not be lost entirely, perhaps this could be encompassed as a joint resolution, separately numbered if desirable, expressing the feeling of the Planning Commission and the City of West Covina city council, therefore carrying almost double the vyeight Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the council direct the City Clerk to prepare a corresponding or identical resolution as Planning Commission Resolution No. 1955 for action by the Council so that both resolutions might be sent concurrently. REVIEW PLANNING COMMISSION ACTION O . APRIL 19, 1967. - So presented by Mr. Menard, Planning Director. Councilman Gillum. Mr. Aia s sa on the B.K.K. Company sanitary land fill. What are the restrictions on the dumping? Are they to dump back in the hills? Mr. Fast- The unclassified use permit No. 71 has never been Public Service Director changed so far as the procedure for dumping is per- formed. The two variations requested and approved have nothing to do with the procedure insofar as dumping. However, specifically the dumping is performed with an approved map to an approved final grade and an approved drainage all controlled through the Engineering Department. Councilman .Gillum. The point I am trying to make is they are dumping right next to the road and in front of the building I didn't know whether it was stipulated in the contract that there were certain areas that had to be filled, I was always under the impression they were back in the hills so nothing could be seen from the highway, Mr. Fast- There should be no salvage operations going on Public Service Director adjacent to public view at all. Insofar, as the dumping is concerned if it is done in the proper lifts and covered at night I would assume it is being done in proper sequence Mr. Aiassa- City Manager I think for your information we will have an investigation and make a staff report to the Council Councilman Nichols. I don't understand what is meant by salvage. .If they mean the trucks that move in and people run out and pick up pieces of scrap iron and anything salvagable from the dumping operation - they do this all hours all day long. .I had occasion to deliver three different loads of material on Saturday and Sunday and on both of those dates salvage was going on. 15 Co C. 4/24/67 Page Sixteen PLANNING COMMISSION - Continued I was also struck with the fact that the actual dumping was perhaps 50 or 75' off of Azusa Avenue, .I also was much concerned over the very extensive and excessive ,amount of mud collecting to the wheels of the vehicles and carried up the slope of Azusa Avenue causing the surface to be very rough and bumpy for vehicles negotiating 40 it Because of these things that have come up and because I have a general feeling it is perhaps time for the Council to look into these matters a little further, I would seek to make a motion and ask for the support of additional councilmen to call up Unclassified Use Permit No . 71 - Revision 2, and I so move Motion seconded by Councilman Gillum. AYES, Councilman Gillum, Nichols, Gleckman NOES: Councilman Snyder ABSENT: None ABSTAIN: -Mayor Krieger Mayor Krieger: I would like the record to reflect that consistent with my position in the past, .I will abstain from voting on this matter. .I would also like the record to show that when I was standing at the microphone that is on the other side of this rostrum I was assured that these were the most stringent inspection conditions imposed in the County of Los Angeles I would hope that those axe the inspection conditions that will be enforced ZONE. CHANGE NO. 378 Barranca Center Partnership Mr. .Flotten: There is a possibility that this denial will be City. Clerk appealed by the applicant. In this instance Precise Plan Number 521 which was approved m - would you care to have that item brought up at the same time? Mayor Krieger discussed with. Councilmen, decision was that the Council would take that action (MAYOR KRIEGER CALLED FOR A 10 MINUTE RECESS. MEETING READJOURNED AT 9. 10 P.M j GENERAL MATTERS ORAL .COMMUNICATIONS Phil Wax . Mr. Mayor, I would like to request Business Address: 1014 W. Garvey that the council either contact the West Covina newspapers or ask the staff to do so, so that a little recognition would be given to many of the people that worked for quite a few weeks.. It is a little dis- appointing to feel that our local papers don't seem to get behind us, yet I picked up the Sunday Times and there was a big spread about. Covina starting their Community. Goals, etc. , and we have already been there and I think the people that have worked this hard should be complimented through the newspapers. Thank you. WRITTEN COMMUNICATIONS Mr. Flotten: I have a letter dated April 10th from a Mr.. Rick City Clerk. Norton directed to the Council and the council has copy of this letter. - 16 - Co C. 4/24/67 Page Seventeen is WRITTEN COMMUNICATIONS - Continued Councilman Snyder-. I would say if any reply were to be made that it should be to the effect that the proper time to bring this up would be at the time when U.N. Day has been proclaimed. And, it hasn't been customary for us to accept films, etc. , unless it pertained to a particular hearing item. This could get out of hand, everyone would be bringing in film strips. Councilman Gleckman: I would suggest we acknowledge the letter, thanking him for his interest and tell him it is not a policy of the council to entertain a film showing during our regularly scheduled meetings and if, sometime in the future, he would like to make this request we would consider it again. Mayor Krieger-. Councilman Gleckman., Mayor Krieger-. Councilman Gleckman: Seconded by Councilman Snyder. In connection with the hearing item? Right Is that in the form of a motion? So moved Councilman Nichols. Mr. Mayor, I would snot; personally prefer to even indicate to the gentleman that the council might sometime in the future entertain the possibility of seeing the film, only from the standpoint of precedent. There are many issues that come before the council and where people desire to communicate with the council they have ample opportunity to do so, but to indicate that we might begin to see films of other issues, no matter how noble, I believe is a time consuming type of prospect and I would not prefer to go along with it. Councilman Gillum-. I agree with Mr. Nichols. I am afraid that if we indicate that we would view it - I am sure it is a good film and has a lot of information, but I am sure we would be opening "Pandora's Box" - we would have every film on every subject and we cannot accept one and deny another, so I don't feel the council should put themselves in a position to start viewing films on any of these subjects. Councilman Snyder-. The motion doesn't really say that we would view.. . Councilman Gleckman-. I don't think it said that either. Councilman. Snyder: It says in effect "that we might consider viewing at a time the, issue is 'before the council" - he didn't say we would do it. Mayor Krieger: That was the wording of the motion and that was the basis upon which I would indicate an affirma- tive vote. So the council vote on the motion is 3 in the affirmative and 2 opposed. Motion passed on roll call as follows: Ayes: Councilmen Snyder, Gleckman, Mayor Krieger .LETTER FROM WEST COVINA Noes: Councilmen Gillum, Nichols TEEN KAN TEEN FOUNDATION Absent: None t Mayor Krieger: We have a letter from Mrs. Gary Marston who is the recording secretary and treasurer advising us that the Board members of the Teen Kan Teen Foundation voted to withdraw the - 17 - C. C. 4/24/67 Page Eighteen WRITTEN COMMUNICATIONS -- Continued 0 n U remaining funds in the amount of $1203 . and deposit this amount with the City of West Covina for the Capital Improvement Project Budget#125-6516. Motion by Councilman. Gleckman, seconded by Councilman Snyder, and carried, to receive and file. Mayor Krieger: Gentlemen, I am wondering if it might be appropriate for this council to consider some type of recognition for some of these people that have been active over a long period of time. Councilman Nichols: Mr. Mayor, I believe that is entirely appropriate. Motion by.Councilman.Nichols, seconded by Councilman Gillum, and carried, that the council direct the City Clerk in consort with the Director of Recreation and Parks to prepare a resolution giving recognition to those who have worked and served over the years in the Teen Kan Teen,. Foundation to bring about a realization of an active Youth Center in our community, and further to direct the City Clerk in consort with the Director of Recreation & Parks to attempt, wherever possible, to furnish to each known member of the Board of Directors and officials of Teen Kan Teen Foundation a copy of said resolution. RESOLUTION OF CITY OF ;CULVER. CITY OPPOSING SENATE BILL 723 OPPOSING THAT OFFICE OF CITY TREASURER BE APPOINTIVE Motion by Councilman Snyder, seconded by. Councilman Gleckman, and carried, that the resolution be received and filed. CITY ATTORNEY ORDINANCE INTRODUCTION ZONE CHANGE NO. 375 C-1 INTRODUCED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST. COVINA AMENDING THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES - ZONE CHANGE NO. 375, CITY INITIATED. " Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that council waive further reading oftthe body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that the Ordinance pertaining to Zone Change No. 375 be introduced. ORDINANCE NO. 994 MAINTENANCE OF SHRUBS AND PLANTS IN PARKWAYS ADOPTED The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 7410 OF THE WEST COVINA MUNICIPAL CODE RELATING TO MAINTENANCE OF SHRUBS AND PLANTS IN PARKWAYS. " Motion by Councilman. Snyder, and seconded by Councilman Gillum, and carried, to waive further reading of the body of the ordinance. Motion by Councilman Snyder, seconded by Councilman Gleckman, that the city council adopt Ordinance No. 994. Motion passed on roll call vote as follows: AYES: Councilman Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES: None ABSENT. None C. Co 4/24/67 Page Nineteen 0 0 CITY'ATTORNEY - Continued RESOLUTION NO..3558 The City Attorney presented-, Michael Whelan,. Jr. '° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DENYING DENIED AN APPLICATION FOR SLIGHT MODIFICATION ON CERTAIN PROPERTY WITHIN SAID CITY. " Mayor Krieger-, Hearing no objection, •wai:ve"further reading of the body of the resolution. Motion by Councilman Snyder, seconded by Councilman Gleckman, that the Resolution denying slight modification No. 49 be adopted. Motion carried on roll call vote as follows - AYES. Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES. None ABSENT. None .RESOLUTION NO.. 3559 The City Attorney presented-, "A RESOLUTION OF THE . CITY COUNCIL ADOPTED OF THE CITY OF WEST COVINA ACKNOWLEDGING RECEIPT OF WRITTEN CONSENT OF AT LEAST TWO-THIRDS OF THE OWNERS AND CONSENTING TO DETACHMENT OF CERTAIN UNINHABITED TERRITORY FOR ANNEXATION TO THE CITY OF BALDWIN PARK. " Mayor Krieger. Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gillum, seconded by Councilman Snyder, for the adoption of the Resolution. Motion carried on roll call vote as follows. AYES. Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor Krieger NOES. None ABSENT. N one ATTENDANCE OF CITY ATTORNEY OR ASS°T. CITY ATTORNEY AT SPRING MEETING OF CITY ATTORNEY DEPARTMENT, LEAGUE OF CALIFORNIA CITIES MAY 2 to 5, 1967, IN SACRAMENTO Mr. Williams: The Spring meeting of the City Attorneys will be City Attorney held in Sacramento from May 3 to 5th involving two nights. Azusa approved one half of the expense and it has been customary for you to approve the other half. I will also point out something else that may have a bearing.. on this and I will abide by your wishes. I am a member on the State League°s Committee on. Home Rule and State Preemption which is also meeting in Sacramento on the 9th of May, this is a Tuesday and follows your regular meeting. If I were to go I would have to miss the regular meeting, I will do so if that is your wish, but if it is your wish that I go I will not ask the City to pay my expenses on that trip. I don't think it would be reasonable. If I were to go I would have to miss your regular meeting and if agreeable I could send Mr. Terzian out. - 19 - C. C. 4/24/67 Page Twenty 0 CITY ATTORNEY - Continued Motion by Councilman Snyder, seconded by Councilman Gillum, that Mr. Williams be authorized not to exceed expenses of $100.00 to attend Spring Meeting of City Attorney Department, League of California Cities in Sacramento May 2 to 5, 1967. Motion carried on roll call vote as follows: AYES. Councilmen Gillum, NOES. None ABSENT. None Nichols, Snyder, Gleckman, Mayor Krieger Mayor Krieger. We will now take up the second item of your request - your attendance on May 9th meeting in Sacramento causing your absence from the council meeting on May 8 th.. Councilman Nichols: I would like to direct a question to Mr. Williams. I would like to turn the tables on you and ask if in your best judg- ment it would be to the best interests of the City for you to attend this meeting, or that it would be better for you to be at the City Council meeting on May 8 ? Mr. Williams: I think I couldn't answer that until I saw your agenda for City Attorney that night. Councilman Nichols: You have a very,able assistant, Mr. Williams. I think first of all this is a very important Committee of the City. Attorney State League, because this year will probably determine the areas in which cities are given the power to legislate and in which areas the State pre-empts and we do not have power. The Chairman of the Committee and myself, are the only two attorneys on the Committee, as far as I know. However, I don't know of anything of vast importance that is coming up at the meeting, it will depend on what is coming before the legislature. I really can't very well evaluate. Councilman Snyder: I think you pointed out: this is the year when this is important and also there are no other attorneys on the Comrtitteej and on the question of Home Rule and Law we often get mixed up and do not know what we are talking about. Mr. Williams. On the other hand if there are m3 t ters coming up and this I City Attorney don't know, redat.ing to the Civic Center or something I would feel it more important to be here. Mayor Krieger: Mr. Aiassa, do you have any acquaintance at this date regarding the Agenda that might necessarily require the presence of the City Attorney. Mro Aiassa: The only item that would be concerning Mr. Williams would City Manager be Public Authority factor as Mr. Williams pointed out. I would like to make this recommendation - why don't we leave it that either the City Attorney or the Assistant Attorney be here on the 8th subject to the agenda items because we will know by the time,you-�g-p':lo.; >> Sacramento. Mr. Williams: I have to advise th'em.by Aomorrow. City Attorney i - 20 - C, C� 4/24/67 Page Twenty -One u 0 0 CITY ATTORNEY - Continued Motion by Councilman Nichols, seconded by Councilman Snyder, and carried, that the council authorize the City Attorney to attend the committee me--t.i.ng on Home Rule and Pre-emption in Sacramento on the 9th of May, 1967, and that in so authorizing the City Attorney to do this the council recognizes that he may determine that it would be best for him to be present here and that the matter, with regard to the two options, be left to his own discretion. CITY MANAGER SUPPLEMENTARY WEED & RUBBISH LOCATION: Various throughout the City. ABATEMENT PROGRAM Review Engineer's report. Approve supplementary weed and rubbish program according to list attached to Resolution. Mr. Fast: There is one correction to Exhibit A attached to the Resolution - 1606 East Conlon should be changed to 1606 South Conlon. RESOLUTION NO, 3560 The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON.SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE. " Mayor Krieger: Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that council adopt the resolution pertaining to the supplementary weed and rubbish abatement program. Councilman Nichols: Mr. City Manager, please. After our conversation of a few months ago on one of the assessments that was levied against the property owner in West Covina., there was.a &8cuss,ioh at that; time at the staff level that there might be some efforts to modify the procedure and'the types of equipment used on .fhe small jobs that would involve no more than mowing a yard, would not be charged at the basis that represented as significant a sum. Has this been accomplished procedurally? Mr. Aiassao I think, basically, the staff is working on that - so we don't City Manager roll in big equipment where it isn't necessary. Councilman Nichols: The point that was made was that it seemed unreasonable to charge a single lot property owner $116.to mow his front lawn. And this is what could occur .... Mr. Aiassa: The man can only charge what his labor is, and he surely City Manager wouldn't come in with a great big tractor, on some of these small lots. - 21 - Co C, 4/24/67 Page Twenty-two CI • 0 CITY MANAGER - Continued Councilman Nichols: I think it is very germaine to this resolution in order to proceed - perhaps the council needs to be made aware of the situation. Some months ago a property owner called my attention to an assessment levied against his property, it was a residential lot. I saw the property and had an opportunity to determine the state of the property before and after the weed abatement was don--. It was rather apparent that the amount of abatement amounted to a small type mower and the amount of the assessment levied against the property owner was in excess of $100 . It seemed to me that even though the property owner might not have conformed and the City might be doing this through their procedure that a $100 charge for lawn mowing is rather high So the question I raise before this council authorizes a continuation of this program, has this problem been worked out so we can insure our- selves that the gentleman doing this work will utilize small equipment and not levy these huge charges for small lot jobs Mr. Fast: The weed abatement program requires competitive bid Public Service Director procedures and as Councilman Nichols is aware, when he 'looked into this we had two bases on which competitive bids were solicited on this. One was for the normal discing of the large acreage and the other was for cleaning up of rubbish and hand cleaning. Now this was intended to be done in large areas where it was impossible to get equipment into because of debris, trees and things of this nature and this was the only unit price available contracturally to use for the abatement of weeds in the yard Mr. Nichols mentioned. VVe have contacted the contractor and he understands the problem in this area and: hasr.vol.untarily submitted a new figure for situations of this type. Secondly, we have established a procedure whereby each one of these parties is specifically notified and given an estimate after he has already given an official notice. Give them personal letters stating it is going to be so and so much if we do it - won't you please do it. So between these two things we have been having pretty much luck. Councilman Nichols: That's fine, that answers my question. Councilman Gleckman: Along the same line that Councilman Nichols brought up - I received a phone call last week and I think it is regarding the same particular case. I haven't seen the lot but I gather you gentlemen have. If a man is charged $140 or $160 and you cut it in half that doesn't make it right either. My point is that a particular resident has this type of complaint - does someone frromustaff go and see if this is a legitimate complaint, that where it might cost $20 or $30 to do the job that the man isn't getting $ 80 . because his first bill is $160. ? Mr. Aiassa: The staff reviews all abatements in all the areas that are going City Manager to be abated, they also inspect each one of the operations and have preliminary cost figures. The one that Mr. Nichols brought up we discussed and this is why we got alternate bids. But we are still going to have areas that will need hand labor, this is where we have to meet with the contractor and the property owner to see that it is a reasonable price for the project. Some are in pretty bad condition like the one at the Plaza, he had steel uprights in it, the weeds were tall, you couldn't get a mower in, you couldn't do anything, but you had to get it disce.d: and clean. Mayor Krieger: Under this procedure the owner is given the first option to do it. So if he can do it cheaper, or if he had done it in the first place he wouldn't be on this list. Councilman Gleckrfizan: That is my point, was the property owner notified prior to the discing? - 22 - Co C. 4/24/67 Page Twenty -Three CITY MANAGER - Continued Mr. Aiassa: We can only give him an estimate. Basic rules - he was City Manager given an estimate. • Motion to adopt - passed on roll call vote as follows: AYES: Councilmen Nichols, Gillum, Snyder, Gleckman, Mayor Krieger NOES: None ABSENT: None EXTENSION OF TIME FOR ANNEXATION NO. 195 Mayor Krieger: I gather this item is informational, we asked for an extension of a year and they gave us 60 days. Mr. Aiassa: The reason they gave us 60 days - they wanted to see if we City Manager could resolve it in that time, and if we need additional time we can recontact. Mayor Krieger: If you need additional time will you call it back to the Council. (Answer: Yes.) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this item be received and filed. O ABANDONMENT OF ANNEXATION NO. 198 Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Annexation No. 198 be abandoned and the Local .A,gency'Forma tion :Commis'sioti be notified. LETTER FROM CITY OF WALNUT REQUESTING JOINT MEETING Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that the staff be authorized to meet with the City of Walnut. RESTROOM REQUIREMENTS IN RESTAURANTS Mr. Williams: There are provisions in the State Law, fairly simple in the City Attorney • Health and Safety Code, which provides as follows: "Toilet facilities shall be provided convenient to the employees on the premises, where there are 5 or more employees, separate toilets shall be provided for each sex. Toilet rooms should be separated from other parts of the restaurant by tight closing, aself closing doors." Then there is a separate provision which relates to what is called itinerant restaurants, these are either the movable vehicle type or the types that occur at fairs, carnivals, etc. , and I don't believe that is the subject you were concerned with. There is a further provision that says a "local regulation may be enacted if it is more stringent than this chapter." It is not pre-empted. We have adopted the Los Angeles County Health Ordinance - summarizing: provides a rather detail requirement for restaurant restroom facilities for those that work in the restaurant, except for those where alcoholic beverages are served and consumed, at least one restroom for men and one for women shall be provided, and more may be provided at the discretion of the health officer, if needed. So that is the present. status - 23 - C. C. 4/24/67 Page Twenty-iFour CITY MANAGER - Continued of the law. Councilman Snyder: You ,say we are not pre-empted - could we carry this a little bit further and require as a City Ordinance public toilets in all public places of business. I have one specifics place in mind, but you can't carry it to all public places of business? Mr. Williams: I will have to answer it this way. If that is legitimate City Attorney police power regulation you could adopt it. The Health State law does not prevent it. But the question would be whether -or not this is reasonably necessary for the protection of public peace, health and safety that you require a restroom in all public places of business. Councilman Snyder: I didn't mean all places of business, I mean all public facilities, such as official public facilities and restaurants. Mr. Williams: If in your opinion it is soundly required.to'pr..otep.t_the- public. City Attorney peace, health,.)safety;, or general welfare, then it would be within the legitimate exercise of police power. It is not a question of pre-emption but a question, of whether it lies within your power even though not pre-empted, as to whether it is a reasonable and legitimate regulation. Motion by Councilman. Snyder that this matter be sent to the Planning Departm�etntlfor their report...... . O Mr . Williams: May I make one more comment Dr. Snyder. To do this now City Attorney would be normally under the enforcement of the Health Authority. Our contract with the County is that we will adopt their health code unless they agree to any changes being made. They do not have to enforce any changes we make unless they permit , however, they are fairly reasonable in allowing you to deviate to a slight degree. Councilman Snyder: Well the time to ask permission is the time we adopt it. Mr. Williams: You can adopt it, I am reasonably sure. I don't think you City Attorney will adopt something that is not reasonable and if it is reasonable they will enforce it, but their contract provides for enforcing their own health code. Councilman Gleckman: I understand in the City of Anaheim and various other cities that 'anytime a restaurant is built where there is seating capacity that the requirement is for restrooms for their customers. Mr. Williams: This could be done, I think Dr. Snyder's question was City Attorney broader than that, Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, on. the question of requiring restrooms in restaurants and public buildings, not business buildings, that we have a report from the Planning Department. SCREENING OF CITY YARD Mayor Krieger: The request is to hold this for the meeting of May 1st. Is there another purpose for the meeting on May 1st. Mr. Aiassa: Yes - there are other'i.tems. (Read list of items for May 1st City Manager meeting.) - 24 - L IJ 0 C. C. 4/24/67 CITY MANAGER SCREENING OF CITY YARD - Continued Page Twenty- Five Mayor Krieger- It is the recommendation of the City Manager that Agenda Items 6-12-13-14 and on the informational sheet Items 5-7-8-9, be held over to the adjourned regular meeting of May 1. So moved by Councilman Gleckman, seconded by Councilman Gillum and carried. CENTER SHOPPING AREA BUDGETING FOR SIDEWALK AND LANDSCAPING ALONG (GLENDORA AVENUE Motion by Councilman Gillum, seconded by Councilman Snyder, that council approve landscaping the area on Glendora Avenue between Walnut Creek Parkway and South Garvey Avenue, with funds available from the ' 67-' 68 186. 1 Gas Tax appropriation . Motion carried, all in favor. CURRENT ILEGISLATION Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that a letter be written under the Mayor's signature supporting . A�B. 399 and sent to our assemblyman and the Committee involved, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the balance of the current legislation items be held over to the adjourned regular meeting of May 1st. REGIONAL LIBRARY PARKING Mr. Aiassa- I have a proposal that the County Engineer's Office submitted. I City Manager am riot in position to take any action because the library is an entity of its own. The Mayor and myself did meet with an Advisory Representative, Mrs. Gibbs and .I am to provide certain statistics for the next meeting. Mr. Gillum is Vice -Chairman and I believe Mrs. Gibbs is the Chairman. I would like to have a direction from the Council. The County Engineer's Office has recommended that they obtain 54 additional parking spaces which will be part of our Civic Center area, adjacent to the Library. I would like to have the direction of the Council to proceed and negotiate with the proper authorities at the Library and also determine who will obtain the cost and where the City is involved and where the Library is involved. Mayor Krieger- Yes, of course, as this goes beyond our meeting with Councilwoman .Gibbs and the City Administrator. This proposed parking relocation and expansion facilities was supposed to be exclusively on what is now County owned property. What would be the role of the City in such negotiations? Why should we take the initiative in negotiations which would really be between the Regional Library Board and the County of Los Angeles? Mr. Aiassa- The only fact for the City being involved, it is also our City City Manager Library, Mayor Krieger- The City uses the Library, but it is denominated and supported as a Regional Library. Mr. Aiassa- The problem now is in spacing the redesign of the master plan of the City Manager Civic Center - - we will relocate the existing parking lot and there will be a small number of reductions and also it will remove the - 25 - C'. C. 4/24/67 Page Twenty -Six CITY MANAGER - Continued accessibility to the other parking that: was adjacent to it and now known as the Health Center parking. Now what it would be providing is a solution to the parking needs of that library until they build their new additions • Councilman Gillum- Mr. Mayor, as I explained to Mr. Aiassa, the problem is 90% of the people do not realize that is a County Library, they think it is a West Covina Library and we would be the first ones to hear from them if there is not adequate parking. There is not adequate parking at this time. What is being proposed by these drawings will work in quite well with our future plans., even considering going as far as the Civic Center Auditorium. I think it is something that is needed for the citizens of West Covina and although I realize it is a County Library, what they are proposing as I understand it, would be how much property . . Mr. Aiassa- We didn't work out the square footage but it would permit 54 City Manager additional parking spaces. They do have a small portion of their property still existing for a small addition. In our normal procedure this will have to go to the Planning Commission because any amendments to the Civic Center - - I didn't want to proceed on any basis until the Council gives me some direction. Motion by Conncilman Gleckman, seconded by Councilman Gillum, and carried, that council authorize the City Manager -to work'with the County representatives and Regional Library Board in formulating proposals for this type of relocation and increase in parking facilities Mayor Krieger: Inasmuch as this has to come back before the Council before it ecan be acted on I have no objection at this stage. Councilman Gillum- Mr. Mayor may I assure you that this has been discussed with the Board - about sharing the cost of it, 0 INFORMATIONAL SHEET OF PENDING ITEMS FOR COUNCIL ACTION Mayor Krieger: Mr. Aiassa - I gather we have taken care of this item. Mr. Aiassa: Yes - and I will give you a progress report on the first four items, the sixth and tenth items . REPORT TO COUNCIL OF ACTION TAKEN AT PUBLIC AUTHORITY MEETING 4/19/67 Mr. Aiassa- The council knows at: that meeting we launched our first call for City Manager public bids for the public facility. The council is well familiar with the calendar as it was outlined and we are trying to proceed accordingly. The staff has met with all the basic requirements including we are trying to complete A to C , which I think we have pretty well completed, The bids and specs will be ready for release and legal notices will be going out. _ , • 1 There is one element to this, I am to meet with the Mayor and I. presume Mr. Bonelli, The members of the Board feel they would like to have some type of release of publicity, and it is my recommendation and suggestion that they first communicate with the Mayor and Mr'. Bonelli and see what degree -of' limitation you want to permit for public releases, etc. They do not want financial assistance, it is mostly authority. - 26 - il C.. C. 4/24/67 Page Twenty —Seven rl CITY COUNCIL - Continued Mayor Krieger- I don't think the council desires to place any restriction on these gentlemen as far as their press releases are concerned. Mr..Aiassa- I think they would like to have permission to meet with the City Manager Mayor,. possibly Mr. Bonelli and at least the Chairman of the Board and see what. kind .of a program they would like to put together as a clearinghouse of releases so we don't have all kinds of information going out. This is a pilot program, Councilman Snyder- The only thing is this Board is not a policy making Board and publicity may be the only reward they get for serving on it..I think if they are going to release publicity there should be some guidelines put down Mr. Aiassa- It is policy to t1ts point that they do have certain basic City Manager authority and they are limited Vithi.n the -authority. 'The only thing they would like to have is a coordinated release so that when the information does go out it doesn't embarrass any of the other agencies. Mayor Krieger: -Does the Council have any objection to the Mayor of West Covina meeting with the Chairman of the Board of the Public Authority and the Supervisor of this District to coordinate this matter? Councilman Nichols. too e whatsoever, .Mr..Mayor. Mayor Krieger- That is then the consensus of the council there being no objection. CITY. CLERK ALCOHOLIC BEVERAGE CONTROL APPLICATIONS- TONY'S PLACE LOCATION- 2233 E. Garvey Avenue .APPROVED REQUEST- On -sale beer Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried , that no protest be made. CR.ISPIN' S HUT APPROVED LOCATION- 971A S .. Glendora Avenue REQUEST. On sale beer - Motion by Councilman.Gleckman, . seconded by'Mayor Krieger, and carried, that thEe TN J''tetes-L be C,&. CITY TREASURER Motion by Councilman Gl.eckman, seconded by. Councilman Gillum, and carried, that the City Treasurer's report for the month of March, 1967, be received and filed. MAYOR'S REPORTS PROCLAMATIONS. POPPY DAYS. May 26 - 27, 1967 Mayor Krieger: If there are no objections, .I will proclaim May 26, and 27, 1967, as Poppy Days. - 27 �. Co C. 4/24/67 Page Twenty- Eight-, e MAYOR'S "REPORT m Continued POLICE :WEEK Mayor Krieger: (No objections voiced.) So proclaimed. If there are no objections, I will proclaim the ,,week of May 14 to 20, 1967, as Police Week. (No objections voiced.) 'So proclaimed. (Mayor Krieger asked if any councilman would care. -to attend the meeting of this group at Universal Studios on May 11 at 2 p.m..for publicity. .Councilman.Gleckman agreed to be present.) SENIOR.CITIZENS MONTH May - 1967 MayorKriegero If there are no objections, I will proclaim the month of May, 1967, as Senior Citizens Month. (No objections voiced.) So proclaimed. PAYROLL PATRIOTS 'MONTH May, 1967 Mayor Krieger. If there are no objections, I will proclaim the month of May, 1967, .as Payroll Patriots Month. (No objections voiced.) So proclaimed. SOUTHERN CALIFORNIA BUSINESS SHOW WEEK April 25 to 28, 1967 DENIED Mayor Krieger. This is a cause of some concern to me and the reason is because it is sponsored by the National. Association of Accountants which is a private organization, although it is a nonprofit organization..I don't know of any precedent for this proclamation. (City Clerk advised it had been .proclaimed once previously.) I don't have any strong feelings and if the council does not, the Mayor will not make this proclamation. ELECTION OF 'MAYOR Mayor Krieger turned the gavel over to the City Clerk; and. Councilman. Snyder, .Mayor Pro Tem turned.in his resignation. Motion by Councilman: Snyder, seconded by Councilman .Gillum, and carried, that the City Clerk accept the resignations of the Mayor and Mayor Pro-Tem and preside for the purpose of choosing a new Mayor. Motion by Councilman Gleckman that Harvey Krieger be nominated for Mayor for next year, . to serve a second term Motion by Councilman. Snyder,: seconded by -Councilman Gleckman, that the nominations for Mayor be closed. Motion carried. Mr. .Kri.eger received an;unanimous vote by the councilmen to serve a second term. Mr. Krieger abstained from voting. C. , C. 4/24/67 Page Twenty -.Nine ELECTION OF MAYOR - Continued :Mayor Krieger-. The chair will declare nominations in order for the position of Mayor Pro-Tem. Councilman: Snyder. I would nominate 'Mr. Gleckman for Mayor Pro-Tem. Motion by Councilman Gillum, seconded by, Councilman. Snyder,, , and carried that the Y , nominations for Mayor Pro-Tem be closed Motion by Councilman Gillum, seconded by, Councilman Snyder, and carried, that the election of: Councilman Gleckman.for Mayor Pr® Tem be made unanimous Mayor Krieger. As Mayor Pro-Tem, Mr,. Gleckman do you have a few words you would like to say? Councilman Gleckman. The only statement I do have to make is that I think after serving on this council for a year that I, as one member of this GDuncil, .would like to say how 'proud I am of the progress that this Council has made and its ability to respect each other's judgment has been one of the major factors in the progress the City has made and .I am looking forward to as much or more progress in the ensuing year. Mayor Krieger. If you will bear with me for a few minutes. First I would like to thank- Dr. . Snyder for serving this past year. as Mayor-Pro-Tem after having served this community in the past as Mayor. I valued his assistance in this position tremendously and he was of great help to me O in this transitional phase. On April 19th, a little over a year ago,. I received the vote of this council and this evening by reelecting me ,I sincerely feel you extended me a higher honor by extending the term of this office. In retrospect the one characteristic that stands out is the harmony of this body. This harmony has not always produced total agreement on alloccasions on all issues, but it has always been constructive and productive disagreement and certainly mutual respect among the members of this council ti One year ago I looked forward with you and the staff to a rebirth of initiative and cohesion and involveffdmt--arrd-.pattic-ipatiorn in the life of th-e community by the community at large. While there are doubtless many unresolved tasks before us as there always will be for future councils, I believe that this council can take . measurable pride that this last year has witnessed literally hundreds of their fellow citizens for the first time gathering in thi.s.Chamber, as well as the meeting rooms and places throughout the City to discuss, debate and formulate the problems and goals of this community, . There were very few work days nights where you would pass by this city hall and not find the lights on and people gathered here to discuss matters. This has imposed an additional burden on the time and schedule of each member of this council, and on the staff and its capacity workload, and they are constantly challenged by these additional duties. I must say however, that the response by our citizens to this council°s communitywide call to community service has been certainly most gratifying. The results will 'prove of benefit: to this city for many years to come. The Civic Center is now a legal and will soon become a structural reality. . The City -Wide Beautification Committe Report recently, submitted is receiving prompt attention for the earliest possible implementation. The extensive studies of the Annexation. Committee are completed; the Swimming Pool. Committee has almost completed its labors and just tonight we received a valuable and important document in the final report of the committee on. Community Goals. The very large and effective committee on .the General Plan is in constant activity and study. .The valuable work of these committees will require and receive firm plans by this council to achieve their full potential 28 - Co Co 4/24/67 Page 'Thirty Election of Mayor m Continued In distributing for the first time into every home in the City, the City's Annual Report, this council has attempted to further enlist every:family into the life and times of their community. .And one experiment which I am looking forward to repeating, this council went on.the road to bring local government even rl.oser to the front door step. . Looking ahead and as soon after the budget sessions as:possible,:I am hopeful of next activating the.Citizens Volunteers and.Council Liaison for the City Charter, the Huntington Beach Freeway, Regional Auditorium, ,Review of Water Services, as a result of our final and I hopeisuccessful negotiations for a new San Bernardino.,Freeway, Agreement, for complimentary internal traffic circulation arteries in the community. .At last I would like to note -that there are encouraging signs, that ibt.erna'J .as. -well as external revitalization of our commercial centers are now in proc:ess'... I hope with the Councils' permission as well to bring into creation at an early date a permanent Youth Advisory Council, to constantly foster and promote communications with the young people of our community. I would like to state publicly, that I could not have asked this last year for better cooperation, perservance or .boh'scienti­bns`ded.iCation to honest, effective or efficient government that I have received from the members of this City Council, the City Manager or the -staff during this last year. In return I can only pledge my continued efforts as a councilman to preserve, protect and promote the general welfare of this community. .As Mayor and presiding officer of this body to merit your continued trust and confidence. I welcome and appreciate the opportunity of continuing on in this office and thank you for it. COUNCIL .COMMITTEE APPOINTMENTS MayorKrieger-, Council. Committee'Appointments will expire this month and inasmuch as we have gone round robin on all these appointments, if you gentlemen have any preference and will so indicate before our meeting on '.May 1, 1 will try and honor your first preference The only one that indicated a preference up to this point is the reappointment of Dr. Snyder to the Executive Board of the League of California Cities. TREE REMOVAL PROGRAM nave a number of items and the next has to dowith some questions that have come to me as the presiding officer as to the procedure.we will follow at the meeting on -May 8, 1967, concerning the _Tree -Removal program. As I commented when we approved the minutes of our last regular meeting, the matter came up not as a public hearing matter but because the chair entertained oral communications during an agenda item having to do with ,Recreation . & Parks. It would be -my -suggestion to the council that the opportunity be given at the meeting of May 8th for anyone who desires to speak to the council concerning this matter, as well as to the staff, to make presentations to the council at that time, that the opportunity be given in what would be normally our procedures for a public hearing, even though this is not what would be considered normally a public hearing item. Does the council concur on that type of procedure for May 8th? Councilman Nichols-, I would certainly concur, however, mayI make a request? In all probability the interest that- will be expressed in the subject matter will involve considerable numbers of people and probably consider- able amount of. testimony. I would hope that the City Manager would take that into consideration in constructing the agenda of the adjourned meeting of May'i .and the regular meeting of May 8, as well as possibly the additional adjourned meeting of the following week, to perhaps lighten the load in some other areas on that agenda_ to accomplish the rather extended bit of time that might be involved in this matter. 30 - C. Co 4/24/67 Page Thirty-one COUNCIL_ COMMITTEE APPOINTMENTS - Continued Councilman Snyder- I am a little puzzled as to why you want to open it to a public hearing, We have received many additional letters, most of the people here that night repeated the same thing over and over and I don't see how there is any possibility of new evidence. There is • evidently no new evidence presented in any of the letters and I am personally puzzled. Mayor Krieger: My thought basically cwas. this, I feel the staff ought to be given the opportunity and I think for the benefit of the Council, should be given the opportunity to make a fuller -presentation before this body as to their investigation and report and having been given that opportunity to present these facts to the Council, I believe that those people who are -interested enough to attend the meeting should be given the opportunity to make any comments that they may wish to after having heard the reports on the subject matter. There appears to have been a certain amount of a-bbreviation' about this;mEMer, which I think might be unfortunate- and to dispelany question as to the information upon which this Council is acting and the opportunity to respond to such. information, I think if we held it in the nature of a public hearing it would not: necessarily satisfy the desires of the people by the ultimate resoluti-cm, because that is not presently known, but at least in the terms of the opportunity to hear the evidence and speak to the evidence. Councilman. Gillum. I would -like to say that: in the past week I have been con- tacted by a number of people and there seems to be a great amount of misinformation, It started out pertaining to trees and all of a sudden people are told, so I understand, they have to pay for a certain number of things. I think this should all be brought out in the open and explained why and what is involved. I was Uquite shocked by some of the things - - one woman was told, so she said, if tFiey took out the trees it was going to cost her $1 S 0 .. for curbs and sidewalk and she was faced with a $300. bill- gutter and $150 for Councilman Snyder- Well I don't know where she got: all that. .I object to it, We had an emotional response at the last: meeting and you can bring out all the facts you want and it is not going to change any of these people's opinions. .However, I will have to sit through it, I guess Mayor Krieger: Mr. Williams, on procedure to be followed is there any necessity, inasmuch as this is a matter of discretion of the Council, as to procedure to be followed as to notices or- anything? Mr.. Williams. I would make one suggestion that the report of the staff City Attorney be read first before you hear the comments so the people have the opportunity to make their, comments with respect the facts brought out. Councilman Gillum. Mr. Mayor, would it be possible to make copies of the report to have circulated among the people? If at all Possible I would like them to have a copy of the report and the reasons for these recommendations by the staff. Mayor Krieger - I think the City Manager, might help on that. Mr„ Aiassa: The first item - I think the Council must realize it is the City Manager Recreation & Parks Commission that made this report to the Council, not the staff. The staff will supplement the Recreation.& Park Commission, the spokesman will probably be one or all of the Commissioners because they have taken the staiff material and formulated a recommendation to the Council. The staff will be here to answer any other questions, but it is really the Commissioners presentation. 31 C ° C ° 4 f 24%6'7 Page Thirty-two 0 u Councilman -Snyder.: But the Commission is acting on the recommendation of the staff, you are just turning it around. Mr. Aiassa: I am not turning it around, I: am just following procedure, City 'Manager Councilman; Snyder.- No - the 'Planning Director, makes the -report of the'Planning Commission =Mr. Massa ° He is the secretary to the -Planning Commission. City Manager Mayor Krieger: But we don't have the Chairman of thePlanning Commission come down and explain the recommendation of the Commission. In presenting the position, of the,Recreation & Park Commission it is desirable,. and I am sure the Council would encourage the -Chairman and any members of the Commission to be °present, but the primary responsibility. for presenting the report should lie within your staff This. Council recognizes it was the recommendation of the -Commission and the Commission action took place after the staffs,report. .It was certainly predicated upon it. The question raised by Councilman Gillum is unanswered. Mr.-Aiassa: We will. provide copies. City -Manager LUNCHEON T CLIF°TON CAFETERIA RE. INDECENT LITERATURE Councilman .Nichols. advised he would be present ° LEAGUE OF CALIFORNIA CITIES CONFERENCE . NEWPORTER -INN Mayor Krieger: This conference is to be held on May 18-19•-20. .Any councilmen intend to attend? Councilman -Gleckman: I am going to attend Mayor Krieger: If there is a request for an appropriation we bhould have authorized action. It should be formulated before the meeting. Councilman Gleckman: One of the primary reasons I am attending is because -I am on the, League's..Committee in formulating this whole conference, . so I will be tied up with arrangements 'more than attending. Mayor Krieger: You gentlemen have received the literature on it and if you intend to attend we should send in reservations Mr. Williams: If any do attend, authorization has to be made in advance. City Attorney Councilman Snyder: Are -you talking about reservations for the meetings or for the -rooms ? (Councilman Gleckman advised rooms.) Councilman Gillum moved that the council authorize expenses not to exceed $100 ° per councilman for attending the three-day League of California Cities D>Vision seminar. ..Seconded by -Councilman Gleckman Councilman: Snyder: I have nothing against this motion for the authorized representative. .Mr°.Gleckman .is on the -Committee, but I think this is excessive for anythingas close asNewport - we can come home 32 C. Co 4/24/67 Page Thirty- three at. night. .We never- did that for the,League of California Cities meeting in Santa Monica, which is really further. Councilman Nichols. I agree with Dr. Snyder. As a matter of policy even though this may not be utilized because,I don't think there will be • more than two councilmen present, but I don't think it would be a precedent 1 would care to establish. I could go along with authorizing a representative for the 3 days, but any others only to necessary day expenses, Mayor Krieger. The discussion I could engage in..- I remember when. I was first elected, the League of California . Cities did meet in Santa Monica and it was a three day conference and I remember staying in Santa Monica for 3 days and my expenses were reimbursed. Councilman Gleckman: You have probably not seen the accommodation list or what is to be presented, so let me ,just say, and .1 am not talking on the question of $100 . , but on the question of attendance, that we would like to get all 5 councilmen from the City of West Covina to attend. The sessions are going to be quite interesting and by the count that Mrs. Bonnell has iconfirmed so far, quite a few of our neighboring cities are sending at least: 2 .or 3 councilmen, I am sure their expenses are being paid. and they are straying over in Newport. Beach. Motion carried on .roll call vote as follows. AYES. Councilmen Gillum,, Gleckman, Mayor Krieger NOES. Councilmen Nichols, Snyder ABSENT. None O LETTER FROM VETERANS' ORGANIZATION Mayor Krieger. We have a letter from Mr. Shannon Burke, this came about because we were approached by a private citizen to receive and install a plaque at City Hall. and we recommended to hdx, that she contact Mr. Burke. . Mr., .Burke has advised .us that this has been discussed with the commanders of the Veterans' organizations and at. the time of the completion of the City Hall the Ve teran.s' Organization will be presenting a suitable plaque as a donation to the City with the names of the deceased servicemen on it. EAST SAN GABRIEL VALLEY PLANNING COMMITTEE Mayor Krieger.. This committee meets Thursday evening - ''I will be unable to attend as I want: to attend the meeting at the Covina City Hall, the preliminary study. of Daniel Mendenhall &. Johnson, is being presented. Councilman Gleckman will be attending the Human Relations Commission. meeting, so -will you please check your calendars and advise me if anyone of you can attend. .COUNCIL COMMITTEE *W4�MDX!Wi9 REPORTS Councilman Gillum. After the last rain storm, going through the Plaza there seems to be a 1.ot of large chuck holes. . I am wondering if staff. can • Look into it ? Mr..Aiassa. We have given notice already. But I will. reaffirm this City Manager Councilman Gleckman. I attended the Harvey Johnson dinner Last Friday night. It was very good, they had representatives from 1.1 of the cities he represents in the legislature. . Letters, resolutions and plaques were presented;. Assemblyman Johnson sends his "thanks" for the plaque and resolutions and letters to all, I was the only one in attendance from our City whereas all the other cities had at: least three except Covi.na they had two. 33 C. . C. 4/24/67 Page Thirty -Four One other thing -I wouldlike to bring up and it has to do with the Freeway. It seems that one of the citizens has a building permit on his property in the- City of. West Covina and proceeded with his plans for a restaurant and other commercial activity on his property, and the State Division of Highways has filed condemnation on his property, approximately-30 or 45 days ago, which we didn't know about. .And, we are supposed to be in negotiations with the'Division of Highways. .1 don't: know what types of negotiations we are in Mr. Mayor, as -you know this was not part of our discussion -with the State at the last meeting. I think we should go on record as being against the idea of the State proceeding in the manner in which they did without first contacting this City Council, and in no way affirm their action as being the action that this City Council adheres to. The property I am speaking of is the north Barranca -.adjacent to the Carousel Theatre, where the State has come up with their own design as to what they W00like,to see there on the property, cutting right through the -middle of that property=Mont.gomery Ward and .I do feel we have been shortchanged. Councilman Snyder: May I ask the staff how could this happen when. State hasn't even - - there is no freeway agreement signed on any proposals for the, Service Roads . Mr. .Aiassa: City Manager The staff has so notified - have we or have we not given them approval? The Council has gone on record and we had a formal motion before -- the -Council has directed the State when it first submitted this proposal to them. . Councilman: Snyder: There is formal action? Mayor Krieger: Perhaps 'Mr. Aiassa's response suggests why they are proceeding but I think we should approach this inter- change in the same manner we approached the other interchanges, and that is at least by.a majority vote of the council. after a review of. it. .I would be rather disposed to put this matter on the agenda next Monday night .and look in more detail at this interchange in the same way the council. did at south Vincent and the other interchanges . Council did authorize me to negotiate with the State, so we have,a majority consensus of the Council on this interchange Councilman Nichols: I am sure the State has from its own point of view its valid reasons for initiating condemnation and I am sure we are all probably aware of why they decided to do so. .I don't know the desire of our role, particularly to get into the air or take a more vigorous role in the light of the States' particular action per se in condemning properties, but I do feel that it has come to our attention by other sources than the State, and this Council should notify the State that we don't consider their action in taking particular parcels of land over in anyway indicative of how our own designs should develop and that the position we should take would come after the next meet- ing, or the meeting after that. That I am not particularly concerned about. • . Councilman Snyder: I agree we should have more background material. .A copy of the Council's former action, and why.it was taken at that time. - 34 - C..C. 4/24/67 Page Thirty -Five Motion by Councilman Nichols, seconded by Councilman Snyder, that this matter be placed on our council agenda of May 1, 1967, and the staff be directed to provide ,all possible background material for our review. Motion carried, all in favor. 0 . PUBLICITY Councilman Snyder- I would like to agree with .Mr. Wax, who spoke earlier of publicity on the Blue Ribbon. Committees . The City of Covina, which. I believe . W their Blue Ribbon ..Commi.ttees were actually started by their Chamber of, Commerce and much later than ours, has received much more publicity than we have on ours and there must be some particular breakdown between our publicity outlet and the papers locally. Secondly, if we are going to carry forward the program of the Headquarters City and the program of the Community Goals we are going to have to somehow establish a better relationship with our newspapers which in effect are not supporting us editorially in our positive programs and I don't think this Valley or City can ever develop until we get the support of the newspapers instead of their opposition. I am not talking about all the newspapers but it seems to me we have to somehow develop a better line of 'communication on our positive programs and get their support on those programs 'which,], don't think we really have at this time. I think this should be put on a Study Session for discussion as to how we can develop .it. I would like to see it added to the agenda of the 1st So moved by Councilman Snyder, seconded by Councilman Gleckman and carried. • DEMANDS Motion by Councilman .Gillum, seconded by Councilman Gleckman, that council approve demands totalling. $216, 654.32 .listed on.Demand Sheets C541 and C542 and payroll demand sheets. _Motion carried on roll call vote as follows. AYES- : Councilmen Gillum, Nichols,: Snyder, Gleckman, Mayor Krieger NOES- None ABSENT. None ADJOURNMENT Motion by Councilman Gillum, seconded bKdj�ltifiiatGnd carried, that there being no further business the meeting 54 to -May 1, 1967 • ATTEST - CITY CLERK APPROVED �Ff � Z — ITU e 35