Loading...
06-26-1967 - Regular Meeting - MinutesMINUTES OF THE. REGULAR MEETING OF THE CITY COUNCIL T. CITY OF WEST COVINA9 CALIFORNIA JUNE 269 1967. The regular meeting of the City Council was called to order by Mayor 1WKrieger at 7*30 P.M. 9, in -the West Covina City Hall. Councilman Snyder led the Pledge of Allegiance. The invocation was given by Mr. Herman R. Fast, Public Service Director., 1-.AOLL CALL v.­.,'Presents, Mayor Krieger, Councilman Gillum, Nichols, Snyderj Alsb Presents,.., Gleckman. George Aiassa, City Manager Owen Menard, Planning Director Herman R. Past, Public Service Director Harry Williams, City,Attorney Lela Preston, Deputy City Clerk Donald L. Russell, Administrative Assistant Harry Peacock, Administrative Aide Richard Bonaparte, President W.O�.C.E.A. Chuck Bahn - Representative -.W.C.C.Ei.A. APPROVAL 'OF MINUTES June 5, 1967 Approved as submitted as follows,_ .Motion*lby Councilman Gleckman, seconded 'y b Councilman Gillum,, and carried, that the council minutes of June .5. 19670 be approved as submitted. .(NAYOR,,KRIEGER DEFERRED ITEM I PRESENTATION OF CERTIFICATES TO MEMBERS, OF SWIMMING POOL COMMITTEE FOR 15 MINUTES. II. WOR'S PRESENTATIONS Mrs. Madeline Slattery.Erickson Mayor Krieger:, It is my pleasure and honor to present to Mrs. Erickson this evening, this resolution in commendation of her years of service to the City "'of West Covina. (The Mayor then read the Resolution No. 3585 and presented it tol.Mrs. Erickson,), Mrs; Erickson: _7.. Thank you very much. It has been a great nice; &'ople. Thanks again. III.A CITY CLERK'S REPORTS RESOLUTION NO. 3598 ADOPTED, Mayor Krieger: pleasure working for the City and I.enjoyed it. I learned a lot working with all these The Deputy City Clerk presented,., "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST GOVINA ACCEPTING A* CERTAIN WRITMEN-INSTRUMENTAND DIRECTING THE RECORDATION THEREOF (Lane)." Hearing no objection, waive further reading of the body of the resolution. -, 1 1 - il C.C. - 6/26/67. Page Two • CITY CLEWS REPORTS m Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said Resolution. Motion carried on roll call as follows o . AYESo, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES0 None ABSENT - None. ..RESOLUTION NO. 3599 The. Deputy City Clerk presenteds Adjacent to Tract 27665 "A.RESOLUTION OF'THE CITY COUNCIL..OF. .ADOPTED THE CITY .OF WEST COVINA AUTHORIZING THE EXECUTION OF A QUIT CLAIM"DEED IN FAVOR OF COUNTRYWOOD, INCORPORATED, WHICH ACQUIRED TITLE AS GREEN VALLEYS INCORPORATED, Mayor Kriegers Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman.Gleckman, seconded by Councilman Gillum, that the City Council adopt said resolution. Motion carried on roll call as follows s AYESo Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, None ABSENT- None RESOLUTION N0,.3600 The Deputy City Clerk presented* Adjacent to tract 27666 °9A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING ADOPTED THE EXECUTION OF A QUIT CLAIM DEED IN FAVOR OF COUNTRYWOOD, INCORPORATED, WHICH ACQUIRED TITLE AS GREEN VALLEY, INCORPORATED." Mayor Krieger- Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council, adopt said resolution. Motion carried on roll call as follows - AYES- Councilmen Gillum, NOES,, None ABSENT-, None PLANNING COMMISSION Review Planning Commission Action of June 21, 1967 Nichols, Gleckman, Snyder, Mayor Krieger So indicated by Mr. Menard,Planning Director. (Councilman Gleckman asked when the Sign Ordinance would appear before City Council and he was advised at the meeting of July 10.) RECREATION & PARKS None ORAL COMMUNICATIONS None, 2 C .. C . 6/26/67 Page 3 • WRITTEN COMMUNICATIONS United Crusade Request to Conduct Fund Solicitation During 1967m68 Campaign Mayor Krieger: If there is no objection, a motion would be in order. Motion by.Councilman Gleckman, seconded by Councilman Gillum, and carried, that the request of United Crusade to conduct fund solicitation campaign in 1967-68 be granted. CITY ATTORNEY ORDINANCE NO. 1000 The City Attorney presented: (Contract No. 41036) "AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF WEST COVINA CONSENTING -TO THE ADOPTED IMPROVEMENT OF PORTIONS OF BADILLO STREET IN SAID CITY BY .THE COUNTY OF LOS ANGELES.,". Metibn by Councilman Gleckman, seconded .by'Couhcilman Gillum, and carried, - that further reading of the body of the said ordinance be waived... Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said ordinance. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, G1_eckman,.Snyder, Mayor Krieger NOES: None ABSENT: None RESOLUTION NO. 3601 The City Attorney presented: (Barranca Center Partnership ."A RESOLUTION OF THE'CITY COUNCIL,OF THE Zone Change No. 378) CITY OF WEST COVINA DENYING A REQUEST DENIED FOR A CHANGE OF ZONE (Zone Change NO. 378 m Barrsnca Center Partnership) Mayor Krieger: Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman,.seconded by Councilman Gillum, that the City Council adopt said resolution denying Zone Change No. 378. Motion carried on roll call as follows: AYESo Councilmen Nichols, Gleckman, Snyder NOES: Councilman Gillum, Mayor Krieger ABSENT: None RESOLUTION No. .3602 The City Attorney presented:.. (Precise Plan No..521) ."A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF WEST COVINA.DENYING PRECISE DENIED PLAN OF DESIGN N0. 521 (Barranca.Center Partnership). •Mayor Krieger: Hearing no objection, -waive further reading of the body of the resolution. Motion by Councilman Snyder,.seconded by Councilman Gleckman, that the city council adopt said resolution denying Precise Plan of Design No. 521. AYES: Councilmen Nichols, Gleckman, Snyder, Mayor Krieger NOES: Councilman Gillum ABSENT: None. 0 3 0 Ca C: 6/26/67 Page Four i CITY ATTORNEY m Continued RESOLUTION NO. 3603 ADOPTED Mayor Krieger: The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 2962 RELATING TO THE, TERMS -OF MEMBERS OF THE HUMAN RELATIONS COMMISSION." Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Council adopt said resolution. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None SOUTHERLY ANNEXATION DISTRICT NO. 205 (Resolution) Mr. Aiassa: This is to be deleted and held for advice of the City Attorney - or can we handle it now Mr. City Attorney? Mr, Williams, City Attorney: We can do it in one of two ways, Annexation Number 195 which is a •companion annexation of this and an inhabited annexation is set for hearing July 24th and if it is not protested out there will then have to be an election which will mean there will be a period of some 60 to 90 days before that annexation can be completed. The action of the Los Angeles County Local Agency Formation Commission, in approving this annexation 205 is contingent upon the completion of 195. This resolution will set the hearing and it must be set in not less than 40 or more than 60 days before adoption. August 14 m on an uninhabited if there are any protests you must continue for at least 10 days. The hearing is now set for your last meeting in July, and your first meeting in August is the date this comes up, so this and the inhabited would come up at the same time, but you can't complete the inhabited, all you can do is call the election. There are two ways you can proceed, You can adopt this now and keep this hearing open just as you have done with reference to the other Annexation Nov 195, or if you want to you can postpone this, I don't know what the understanding is with the property owners. As I understand it they want to see this annexed before they consent to the inhabited one. So it may be the psychological thing to do to adopt this and set the hearing for the 14th of August and then keep continuing the hearing until 195 is completed and then complete this. If not psychologically sound I can hold the Resolution until anytime you want to go ahead. . Mayor Krieger: What is the recommendation of the City Manager's office? • Mr. Aiassa: We have the feeling that we should go ahead and read the resolution, as long as the understanding with the council is that we are continuing until August 14th until 195 is processed and if 195 fails we would not worry about this 205 is an appendage to 195 and belongs to the same property owner and this is why we had to amend 198. One is uninhabited and the other is inhabited. - 4 - C. Go 6/2.6/67 Page Five .CITY ATTORNEY Contixiued RESOLUTION NO, 3604 The City Attorney presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING THAT ADOPTED PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'SOUTHERLY ANNEXATION DISTRICT NO, 2050- AND GIVING NOTICE OF THE PROPOSED ANNEXATION. Mayor Krieger- Hearing no objection, waive further reading of the body of the resolution. The choice is either to hold it over to the date servedl.o° -adapt the resolution, as I understand it, Councilman Gleckma Mr, Williams, if we adopt the resolution we can still keep the hearing open at the time the hearing comes before us even though it . migh t. ' be . a scheduled hearing? Mr. Williams, 0ity'`Attorney- That is correct. It will mean the notices will be published in two ' newspapers and mailed indicating the hearing will be head,o,n the 14th of August, you will continue that though. It io imp6bs ble to set a date now because we don't know when 195 will be complet.edQ �- Councilman Nicholse Mr, Mayor, I think this sort of procedure tends to work a hardship on those people living in the area who may be intending t'©"`attend the hearing. Mr. Aiassao There will just be one person involved, Mr, Williams,, City,:A#6rney- Normally this _is true, but this notice goes only to the owner who is the same person in regard to 195. Motion by Coixncilmah':G,leckman, seconded by Councilman Snyder, that the City.Council adopt said. resolution. Motion carried on roll call as follows- AYES$. Councilmen Gjlum, Nichols, Gleckman, Snyder,' Mayor Krieger NOES- None ABSENT- None PRESENTATION OF ';CERTI.FICATES OF COMMENDATION TO MEMBERS OF SWIMMINGP.GOL BLUE RIBBON COMMITTEE Mayor Krieger- It is my recollection that this is the 5th occasion that the Council has had the opportunity to invite members of a Blue Ribbon Committee;''who have completed their work and presented their report, to come to'-CJty,Hal1"and accept certificates of commendation for • their work on a pAtti,cular`Blue Ribbon Committee. I know the Council is very pleased tonight to ask the members of the Swimming Pool Committee to be with us tonight',for this purpose, (Mayor Krieger then called the names of the members and presented a certificate of commendation>to each member present,) Ceuncil,itb8, G:11lum served as the council liaison on .this Citizens Committee. 4 =(i, there any comments you would like to make? Councilman Gillum,. Thanks to you all of you. When we P.'. started out I didn't thank we were going to make it, but through hard work on a5� C,C, 6/26/67 Page Six the part of everyone and a wonderful job you submitted a report to the City and I believe you realize from the newspapers that we are.going to have our swimming.poola How we don't know, but we are going to have it. And as one of the council, I would like to thank you for all the effort and consideration, Mayor Kriegers They deserve a big hand of applause, Councilman Snyder- As the old man of the council, who has been through three bond elections I would like to commend these people too, and as much as I hate it I would like to commend our council representative, Mr. Gillum, said facetiously. Mayor Krieger- I might comment before asking Dr, Madden - and I don't believe Mrs,Knutsen is here this evening m Dr. Madden and Mrs. Knutsen se_°vcd as co-chairmen'. of this Committee and as I commented before this is the fifth of the 13lue Ribbon Committees to have completed their work and I believe each of the committees have had the satisfaction of seeing immediate and positive action on -direction of their recommenda- tions starting out with the Civic Center Blue Ribbon Committee, then the.Annexation Committee, then the Civic Beautification Committee, the Community Goals Committee and now the.Swimming Pocl.C6mmittee, -So it isn't just -time and effort of dedication applied in an empty cause, these committees are producing constructive results for the City in a manner and mode we could not otherwise accomplish except through their dedicated labors, (Mayor Krieger presented and read Resolution No. 3587 commending Dr, • Madden for his service to the City,). Dr, Dale E. Madden- On behalf ofall the members of the Committee we certainly welcomed this opportunity to serve. Again we want to thank the members of the City Manager's staff. and Councilman Gillum for working with us and we are very pleased to see the action taken on our recommendations to date. Thanks again, Mayor Krieger- We have a late arrival on the Swimming Pool Blue Ribbon Committee. This gentleman falls in the classification of a professional volunteer; It seemed rather appropriate to present a plaque to him in some permanent form to..be permanently placed on his premises. In this way it will not deteriorate anymore than the premises will, and in some tangible form is an expression of our confidence in him and.appreciation for his. continued efforts on behalf of the community. He was a nominee for Citizen of. the Year in West Covina this last year and I.would ask at this time that Mr, Phil Wax step forward and accept the commendation for participation in local government, both on the Community Goals.Blue Ribbon Committee and the Swimming Pool Blue Ribbon Committee, (Mayor Krieger presented the plaque to Mr. Wax.) SCHEDULED MATTERS UNCLASSIFIED USE PERMIT NO, 71 LOCATION- Pass and Covina Road between • REV. 2 B,K,K, COMPANY Valley Boulevard and Francisquito.Avenue, REQUEST: To amend conditions 11 and 14 contained in Exhibit B, approved by Planning Commission Resolution No. 1952, Called up by Council on April 24., 1967, Hearing held over from May 22, 1967, with hearing open, Mayor Kriegery There is a staff report dated June 23, 1967 m has a copy of this report been made available to B.K.K. Company? (Answer- Yes) Is there anything the staff wishes to add? 6 Co C, 6/26/67 Page Seven SCHEDULED MATTERS B.K.K. COMPANY ® Continued Mr. Aiaseas Mayor Krieger: No Mrs Mayor. We do have representa- tives from B,K,K., Company o Mr. Winters and Mr, Kazarian, Jr, Is there any statement you wish to make Mr. Winters or Mr, Kazarian? Mr, Winters; I might say there were several out- standing housekeeping problems and wehave had meetings .with the City Manager's office, and I believe the results are in detail in your report, (Mayor Krieger opened the Public Hearing) IN FAVOR None IN OPPOSITION None There being.no public testimony, the public portion of the hearing was closed, Discussion by councils Councilman Gleckmans Mr. Mayor, I think it is an excellent report given by the staff but I. have . one question. Refresh my memory as to what Condition 14.was m either you don't have it numbered or we don't have it in the report. Mr, Fasts The report sent to the council dated June 23, 1967, merely related to the motion of the council meeting on May 27, 1967, in regard to clarification of conditions 7-9-11 and 13 so actually the two conditions that the applicant has requested revision on is that of functioning a salvage operation and for operation of hours, Councilman Gleckman: Thank you Mr, Fast. Councilman Nichols: Mrs Mayor, I think that virtually all the questions I had have been answered either directly in this report or through a secondary elaboration that the City Manager provided to me at my request. The areas of concern, as you will recall, that. I expressed before basically the two main areas were the basis of collecting fees without any apparent or obvious method of recording those collections or providing.receipts therefor, and the matter of the conducting of salvage operations both in my judgment improperly under the law and secondly relative to their proposals. My only continuing concern then would be the initial violation of existing laws whereby salvage operath ns were undertaken in the City before approval was obtained and I believe we are reaching an understanding where this will not likely occur again. I have no further questions. • Councilman Gillum: I was. curious, Mr. Aiassa, on this problem of wet weather and mud drawn out on the highway ® this has been discussed with them? Mr, Aiassa; Yes, There was a time when this was prevalent ® it was really bad during the construction period and the develop- ment of the dump site, and I don't believe it will reoccur. We have also advised them that if it does reoccur that action will be taken. ®7® Co Co; 6/26/67 Page Eight E SCHEDULED MATTERS B.K.K. COMPANY ® Continued Councilman Snyder: Mr. Fasts area.should be held not only of the general area where the location, and we feel we can Mayor Krieger: Mr. Fast. - Mayor Krieger-, In limiting the. storage of salvage to one acre, in the staff's opinion is this enough to prevent large stock- piling? Yes - we have discuseed this with the applicant so far as to how we plan to administer this. We feel that this remote from view from the outside but out dumping and travel to and from the dump administer it properly. How does this tie in with the conditions imposed by the Planning Commission on Condition No. 11? Generally we. are ,intending to use topographic barriers. I don't remember in read-Ing their report,. any limitations as to area, were there? Mr. Fast., No. Mayor' Krieger;. So if the council wishes to adopt the staff's recommendation on limitation of area they would have to do more than merely approve the action of the Planning Commission, And No. 14 is in the hours and the same as the Planning Commission. Motion by Councilman Snyder that amendment of conditions #11 and #14 contained in Exhibit B be approved; however, condition #11 should be amended according to the memorandum of June 23, 1967. I ivir, Williams, City Attorney: Commission but with a further area be limited to one acre. Councilman Snyder: Councilman Gleckman. - Dr. Snyder would that be a motion they be approved the conditions imposed by condition with respect to No. That is what.I said. I second it, the same as subject to the Planning 11 that the Councilman Snyder; I would like to state that this dump site, as you are all aware, was born in some controversy and these. conditions were drawn up -after checking with many dump sites originally hoping to avoid all such problems but apparently there are some unforeseen things but I think the operators have indicated they are willing to correct those unforeseen things and I don't see why there should be any future controversy that can't be worked out. w Councilman Gleckman: I would like to just say that most of the discussion that did take place was because of the observations of what was taking place at the time by two of the members - of the City Council. I t think once again, if we don't have the people ell us that we have our eyes open too. I would like to commend the two councilmen for bringing it before us in order to..Imake a better operation. Motion carried on roll call as follows-.. AYES-, Councilmen Gillum, Nichols, Gleckman, Snyder, NOES; None ABSTAIN: Mayor Krieger ABSENT:. None 8 9 0 0 Co Ca. 6/26/67 SCHEDULED MATTERS B.K.K. COMPANY m Continued Mayor Krieger: AMENDMENT NO. 80 City Initiated (Used Car Facility) Mayor Krieger: Mrs, .Preston Deputy City Clerk Page Nine Let the record reflect as my position in the past has indicated that I -will refrain from voting. Request to amend the Zoning Ordinance to allow a used car facility in Zone C-3 approved by Planning Commission Resolution No. 1960, only as an incidental use to a new car dealership, Madam City Clerk is the affidavit on file? Yes, Motion 'by Councilman Gleckman, seconded by Councilman Gillum, and carried, that*the,City Council receive, and file. Mr. Menard, Planning Director, read the Planning Commission Resolution No. 1960; Mayor Krieger.- Is that the Resolution Mr, Menard? Mr, Menard:. Yes it is Mr. Mayor. MAYOR KRIEGER OPENED THE PUBLIC HEARING, IN FAVOR None IN OPPOSITION None There being no public testimony, the chair deblared the public portion of the hearing closed. Discussion by council. Mayor Krieger: Mr. Williams, we asked for an opinion from the City Attorney's office. Mr. Williams, City Attorney: I.have a copy I will give to you. Mr. Terzian, I believe, expressed the opinion at the time of the hearing before the Planning Commission that if the result was to declare that used,car sales were not permitted except in conjunction with a new car agency that the restriction would probably not be valid.. I concur in this opinion and the document I -have given you, while citing no California cases, cites a case from Pennsylvania and one from Connecticut, which are generally in paint. The general proposition is.simply this that in C-2 you provide that used car sales are permitted only.in connection with new car agencies and in C-3 where you permit car washes and a great many things. which are no more obnoxious than the sale of used.cars and if they are, .then 'used car sales must be put in some zone in this City.which permits rubbish disposal( ' 'dumps and other things which are more obnoxious,, The Pennsylvania and Connecticut cases simply holds that it amounts to prohibition permitting,a sale of used cars with the new'.;aar agency and that the ordinance is invalid if,prohibiting a legitimate business that deserves classification along with other business-es.of like offensiveness or lack of offensiveness, Whether C®3 is the correct zone or not is for your judgment and not mine. And if the effect of the action that you take is to prohibit the use in all - 9 - Co C..- 6-26-67 Page Ten SCHEDULED MATTERS - Continued AMENDMENT NO, 86 zones°unless you have a new car agency and then you can conduct it, I think.:our ordinance would be invalid and the written document I have handed the Mayor, so declares. I believe you may put restrictions on the used car business but the effect at present is to prohibit. Councilman Snydero- Where are we allowed to have Used Car sales by themselves? Mr. Williams,o That is the problem. There is no mention. The orditance only mentions two places in conjunction with a new car agency in C-2o C-2 also mentions certain other uses in conjunction with a new car agency, such as automobile repair and C-3 automobile repair is repeated and not required to be in conjunction with a new car agency. But whether through oversight or not, the sale of used cars was not repeated in 0-3. All of the other things required to be in conjunction with anew car agency in C®2 permitted in conjunction with a new car agency are permitted in C-3 without being in conjunction with a new car agency. There isn't any zone in the whole ordinance that mentions the sale of used cars. Councilman Snyder,* S)iouldn't this resolution be sent back to the Planning Commission? They weren't aware of this legal interpreta- tion, were they? Mr. Williams, City Attorney.- They should have been, It was announced • to them. Mayor:,.Krieger.- Not exactly. I was present at the meeting as council representative. Mr. Terzian.said he had some question but until he did the research apparently he wasn't ready. Councilman Nichols: At the most recent Planning Commission meeting the matter came up again and at that time Mr, Terzian was very specific and stated that was his opinion and had been concurred in by Mr. Williams and he advised that he had the decision and it would be forwatded.to council. The Planning Commission had made their decision and indicated that they didn't care to entertain any further consideration of lto So my reaction to that particular sitting was that -the Planning Commission wouldn't particularly invite a jurisdiction over this matter again. Councilman Snyderg Mr. Williams. - Councilman Snyder: responsibility to give us a Mr. Williams.o, 0 ouna i i lman Snydar,o Why would they do that when they had a legal opinion like that? I believe Mr. Nichols already stated that they felt they had taken their action. I think they should have it back again In the first place I don't know quite how to put it, but it is their legally acceptable resolution. No, it is their responsibility to recommend and yours to enact® Well it is their responsibility to give us the legal and acceptable recommenda- tion and I think they should learn the legality of it. �J 0 0. 0. 6/26/67 Page Eleven SCHEDULED MATTERS AMENDMEN'T NO. 8o - Continued Councilman Gleckmano. In view of what has taken place at the Planning Commission meeting and in view of the opinion of the City Attorney I reiterate here this evening and feel that this council should request the City Attorney to bring in an ordinance to the effect that one of two things, depending upon what deliberation would go on in this council, and that would be that a used car sales would be permitted in C-3 and with an unclassified use permit. Councilman Snyder: That is exactly the pointof my sending it back to the Planning Commission. We can send it back with the indication that we feel there should be a zoning designation but whether it is to be C-3 or C.2 or under an unclassified use permit, I think they should give us their recommendation. I don't think we can sit here tonight and say we want it drawn up as an unclassified use permit in C-2 or C-3. Mayor Kriegero, The purpose of the Commission and Boards is to take some of the workload off this council and to ferret out some of these matters so that when it comes to us it is ready for decision. .To submit to us a recommendation that the City Attorney doesn't feel is a legal recommendation or one that can be supported isn't a recommendation that is appropriate for action by this council., So it might be appropriate for us to give the Planning Commission specific direction as to what we now wish them to do with this 'matter, and to have a recommendation that is such that if we want to accept the recommendation that it Is legally enforceable, otherwise the recommendation is meaning- less. Councilman Nichols: I feel the Planning Commission has placed the matter of Resolution No. 1960 within the jurisdiction of the council and I would see no constructive reason for referring this back to the Planning Commission. It would be my recommendation to the council and I would be prepared'to follow up with a motion to that effect that this council deny Planning Commission Resolution No. 1960 and,then direct the Planning Commi.ssion to reinvestigate the area of this concern and provide for the ocuncil their recommendation as to the proper handling of the matter of the placement of used car lots in the City. If there is no objection to that line of thinking I would make that in the form of a motion. First to deify Planning Commission Resolution No. 1960 and I so move. Motion seconded by Councilman Snyder and carried. All were in favor. Motion by Councilman Nichols, seconded by Councilman Gleokman, and carried, that the council request the Planning Commission to reschedule the subjectcontentof their Resolution No. 1960 referring to the placement of used car sales and consider further recommendation to the council for the handling of this matter, consistent with the opinion of the City Attorney, 1967 SUPPLEMENTAL WEED & RUBBISH LOCATION: Various throughout the City. ABATEMENT PROGRAM Protest Hearing This date set for hearing of protests or • objections from property owners and other parties interested by Resolution ot,,Intention No. 3593 adopted on June 12, 1967. Mayor Krieger: Madam City Clerk you have the affidavit of publication? Mrs. Preston, Deputy City Clerk: Yes Mr. Mayor. C, C 6/26/67 Page ..Twelve SCHEDULED MATTERS WEED -& RUBBISH ABATEMENT Hearin Continued Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the affidavit of publication be received and filed, • Mayor Krieger, Madam City Clerk, are there any written protests or objections against the performance of this work? Mrs. Preston, Deputy City Clerk- I have none, Mayor Krieger, Is there anyone present this evening that has any questions or objections to this proposed work? There is apparently no one present who desires to make a verbal protest or raise any abjection to this proposed work. There being no protests or objections this hearing is declared closed, A motion would be in order, ordering the abatement of weeds and the removal of rubbish on those properties indicated in Exhibit A consistent with the report of the staff,) dated June 20, 1967. 11 So moved by Councilman Gleckman, seconded by Councilman Gillum, Motion carried on roll call vote as follows- AYES- Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES- Nome ABSENT, None Councilman Nichols, I would like to place just a brief • comment in the minutes. In connection with my position of employment in the community I had occasion to make a house call at one of the homes listed on this list one day before these notices were mailed and I would like the record to show that that house call had in no way anything to do with this notice going out. I did not come back to City Hall and turn this address in as one needing weed abatement, CITY MANAGER RESOLUTION NO. 3605 ADOPTED Mayor Krieger. The Deputy City Clerk presented- B8A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVIM AN AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR PARTICIPATION IN LANDSCAPING ON BADILLO STREET.`, Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gilliam, that the council adopt said resolution. Motion carried on roll call as follows - AYES, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, None ABSENT, None ANNEXATION NO. 200 REQUEST EXTENSION OF TIME Mayor Krieger, You have a staff report dated June 21, 1967, regarding this request for an extension of time, ® 12 C. C. 6/26/67 Page Thirteen C IT Y , MANAGER ANNEXATION NO. 200 Continued Motion by.Councilman Gleckman, seconded by Councilman Gillum, and carried, that the council authorize the Mayor to submit a letter requesting extension of time-9 to the Local Agency Formation Commission, PERSONNEL MATTERS Qi ADOPTED Mayor Krieger. Thej-City Manager presented: 89A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 2877 RELATING.TO THE CONTRIBUTION BY THE CITY TO EMPLOYEE HEALTH BENEFIT PLANS." Hearing no objection, waive further reading of the body of the resolutions Motion by Councilman Gleckman, seconded by Councilman Gillum, that the city council adopt said resoluthn. Motion carried on roll call as follows., AYES. Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES. None ABSENT. None Participation. in City health plans by Council, Boards and Commissions Councilman Gleckman: Do I understand that the interpretation given to us regarding the City health plans regarding the participation of Oouncil, Boards and Commission members, that if they so desire to do so that they do it on an individual basis, but that they can do it? Mayor Krieger. As I understand from the re ort we would have to take some formal action, Councilman Gleckman: I would not want the City to share in the expense,. Councilman Nichols: My understanding of the -communcation was that because of the uncertainty of consistent and regular pay to members of various Boards and Commissions in the City that it would be administratively speaking rather difficult to permit their participation in this program. It mentinnedlfor example 4 if a Personnel Board member missed one meeting his pay would be missed and he would have to bring his pay in to cover the payment mi;ssed.4�(_1 And that the. Council. was probably the only existing body so constituted as to make it practical to be participating in this type of program.. Mayor Kriegera It would appear Mr. Gleckman in order to have that pparticippation kt)vrou1&,reggirp an to establish eligibility. Is amendment to the Resolution No. 287.7 that correc-tNr� William . Mr. Villiams, Pity Attorney$ There are two problems. One is the problem of simply_ amending the contract, which is only a practical one and no great problem, With reference to the City Council, any contribution by the City would be considered an increase in pay. You could pay your own way. - Councilman Snyder., This does have some merit of making it available to Boards and Commissions because in some cases these are retired or self-employed people that do not have access to group type health insurance and this would offer that access. So the administrative problem 1� C. Co 6-26-67 Page Fourteen CITY. MANAGER. Participation of Boards Commissions and Council in City Health Plans Continued of removing this little money from the low salary they do get, shouldn't be that great.- I personally would like to see it incorporated on a •voluntary basis. There; are little other benefits that the Boards, and Commissions,,, receive for serving the City and it seems to me given. this opportunity would. be worthwhile.. Mr. Williams, City Attorney° I think the request then should be directed to the insurance carrier to suggest what amendment to the contract or resolution would be necessary. Coundilman Gleckmans I understood by the information given to us that it was an administrative situation with the deduction of pay, but as far as the eligibility was concerned, I was under the impression this,was already cleared with the insurance carrier. Mayor Kriegers, Mr. Aiassa„ is the matter merely a question of policy now for the council to establish or are there some unanswered questions as far as the health people are concerned? Mr. Aiassas. I think the first thing is a council policy. Mayor Kriegero Are there.any unanswered questions regarding the establishment of eligibility? (Answer: No.) No question, so it is a matter of policy. Councilman Nicholso The only negative reaction that I have about this matter and it is.not a strong feeling, but I feel I should express iti The council at -times may be called upon to participate in the weighing of plans in the future - we may be called on to elaborate or make"final decisions and if any member of the council were participating actively in a plan it would provide that councilman with a point of view and insights that other councilmen would not share equally and I would find: -it difficult to conceive of a councilman weighing in absolute objectivity the matters of various medical plans when in fact the councilman were members in one of the plans. So I would question the council as a body at anytime becoming involved in gaining the benefits of a plan that the councilmin turn is adopting to provide for the employees of the City* Councilman Snyden In 7 years on this council.I failed to see any single instance or absolute objectivity on the part of anybody, I think you are right it might prejudice their thinking a little but if the City does not pay for it and it is taken from their salary er... voluntarily given, I can see where it might prejudice their thinking somewhat but I find it hand to believe that it would prejudice it enough to sway the vote, In the case of the employee the City is paying but in the case of the Boardsg Commissions and Oouncil it would be out of their salary or they are paying it voluntarily. Councilman, Gleckmans My thoughts along this line and I believe I was the one that requested information, was because I,myself, was interested in taking advantage of the City employees plan.from the standpoint of paging my own way, but at least if qualified being allowed to join such group. The only problem I would have would be in deciding which plan to take, and not at the. time make any decision as to which plan is better for the rest of the employees,, I.don't feel that I would be prejudiced in any manner if I..belonged to one or the other. I feel that I don't see any 14 ; C..C. 6/26/67 Page Fifteen CITY MANAGER Participation in Health Flans by Boards, Commissions and Council ® Continued conflict of interest and I,myself,would like to see us adopt a policy that the Council for one, on -a voluntary basis, could join in if is qualified and each individual member decide on his own plan and pay his own way with no consideration being paid by the City, Councilman Gillum. I.have no objection to the council on an individual basis participating and I think if it reached a point where a decision had to be made I am sure the councilmen who were involved in these plans would have good judgment}, as they have in the past, so I would see nothing wrong as,long as they pay the complete amount and the City does not become involved in anyway except for administering the policies formed. Mayor Krieger. The only other comment I would like to make is an amplification of the staff report which suggests a certain amount of book and paper work., I don't think this is insurmountable and I think perhaps the opportunities would make it worthwhile. I have no personal interest in such a plank, but I can see where it -may be desirable for present or future Boards, Commissions and Council members to have these programs available, but I would think these should be not by payroll deductions because as the report indicates there is a debit on certain Commission and Board salaries if -they missed a meeting, so I would hope if this program is enacted by the Council that it be the individual councilman, Board":or Commission member paying directly out of their own pocket to the Finance Office the amount of contribution necessary, rather than burden the Finance Office with the bookkeeping, Councilman Gillum. The only bad problem about that is if for some reason the individual should forget to make the monthly payment, L imagine rightaway or very close after he would be terminated in the program. I know it would be the individual's responsibility but I am sure concerned about that part of it. Councilman Snyder. That part of it would really be negotiable with the contract carrier. Motion by Councilman Gleckman, seconded by Councilman Snyder, that the policy be set forth by this City Council to allow participation in the City Health flans by Council, Board and Commission members at no cost. to the City of West Covina. Motion carried on roll call as follows. AYES. Councilmen Gillum' Gleckman, Snyder, Mayor Krieger NOES. Councilman Nichols ABSENTS None. Councilman Snyder. I would like to correct a statement. On my statement about objectivity, I meant everybody as objective as possible, there is no `such ! thing as absolute. Request for formal Council.approval of Personnel Board Minutes Mayor Krieger. I assume have the Council Commission and Recraation & Park, is that what we are talking about is to Personnel Board appear on the agenda the same as the Planning correct? f Mr. Aiassa. We have -,;problem there, I notice the proceedings are a little bit awkward. `�. According to our own procedure that we adopted #2105, this is the Order of Business set up on Council Procedure, it sets.up the A-B-C-D®E-F-G-H-I®J-K-L 15 Co Co 6/26/67 CITY;MANAGER PERSONNEL MATTERS ® Continued Mayor Kriegers Mr. Aiassas.. Page Sixteen What does this have to do with this particular matter of the Personnel Board minutes being added to the agenda? The question is where would we. add it to the agenda?. Mr, Williams, City Attorney: Actually the submission of minutes of either the Personnel Board or the Planning Commission or Review Board or any others, does not require approval of the City Council, it is simply an informational matter. This could be changed by changing the agenda from council approval to either omitting it or simply stating submission. They are submitted to you, particularly the Planning Commission or Review Board so you can call a matter up, and on other matters so you may if you wish take action at this level, but their minutes they approve. This approval of the Planning Commission and Review Board minutes lead to an error not very long ago. I think what was really meant was to call up a certain item instead the council refused to approve the minutes of the Review Board, You don't need to approve their minutes as to anything. Yet I think there was some allusion by not approving the minutes.you called to yourselves an appeal, or something of that kind. The point is it doesn't require •council approval of any of these minutes that are submitted to you for information. Councilman Gleckman: How about a request for formal council approval of receiving Personnel Board minutes? k Mr, Williams, City Attorney: You can move that they be received and filed, so they can be put on here like any other items on here, but. they don't require approval, Mayor Krieger: have.been on the council we on the. agenda and it is not never. created. a problem, it is requested here is to make Mr. Aiassa: Historically we have received and filed, There is no conflict. Secondly, in respect to Mr. Aiassa's comment, since I. have had Planning Commission, Recreation & Park specifically spelled out under 2105. It has has always been Items C and Do I assume what Personnel Board Item-Ee No our plan is to amend that whole section to tie it into what we are actually doing now Mayor Krieger: Well if you ever reach a point where you r and the City Attorney agree that there is some necessity for amending the Order of Business, please recommend it to the Council. Right now all we have is a recommendation from the Personnel Board that they receive the status symbol of having the Personnel Board on the agenda. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that,,the council receive and file the Personnel Board minutes, Mayor Krieger: Is there any desire to add the matter of the Personnel Board's minutes to the regular council agenda as an agenda item?: 16 C. C. 6/26/67 Page Seventeen CITY MANAGER PERSONNEL MATTERS - Continued Councilman Snyder: I don't see any reason to put it there, I think it should be where it has been •historically, under the City Manager's agenda. It is actually his Department, 0 • Mayor Krieger: and they are responsible to Councilman Snyder:, Councilman Gleckman: Councilman Nichols: Councilman Snyder: Mr. Aiassa: Councilman Snyder: Mr. Williams,.City Attorney: Councilman Snyder: The Personnel Board is a Board established by the Council, the appointees are made by the Council the Council. But tl'1er recommendations are mostly to the City Manager. I have no objection Mr. Mayor, as receiving them as Item E to our standard agenda. I have no objection, in fact I would advocate it, as well as the minutes of the Human Relations meetings. Under the City Manager's ordinance you are the Director of Personnel..... I am the Personnel Officer It is my recollection that the Personnel Board was formed to assist the City Manager No..... This is only a matter of protocol Motion by Councilman Nichols, seconded by Councilman Gillum, that the minutes of the Personnel Board and the Human Relations Commission routinely come before the councl_1 for review and acceptance under the designated numbers of E and F respectively. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor.J�rieger NOES: Councilman Snyder ABSENT: None RESOLUTION NOo 3607 The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 1277 RELATING TO AUTHORIZED POSITIONS AND SALARIES AND ESTABLISHING CLASS SPECIFICATIONS FOR ALL POSITIONS," Mayor Kriegel°: Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt said resolution. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None ® 17 Co C., 6/26/67 CITY 'MANAGER Page Eighteen Motion by Councilman Gleckman, seconded by Councilman Snyder, that the City Attorney be directed to bring in a.Resolution amending the City Manager's salary in the amount of $24,000 annually, effective July lsto Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None (MAYOR KRIEGER DECLARED A 10 MINUTE RECESS. MEETING RESUMED AT 9:05 P.M.) Traffic Committee Minutes Approval Ma Y 31, 1967 Mr. Williams, City Attorneys The word "approval" again should be 'osubmissiono" Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Traffic Committee Minutes of May 31, 1967, be received and filed, Councilman Snyder- As a point of order, didn't we state that the Traffic Committee minutes didn't go into effect until they were approved? Mayor Krieger: Are we drawing some distinction here with reference to the motion? We have been using this motion for some many meetings regarding received and filed. Councilman Snyder:: In lieu of the discussion earlier this evening regarding that policy statement, it would require a different motion. Councilman Gleckman: I would amend my motion to read that the .Traffic Committee minutes of May 31, 1967, be approved as submitted. Seconded by Councilman Gillum, Councilman Nichols: Aren't we really dealing in semanftc.:s:--s here? We approve by receiving and filing the minutes and not saying anything else we in effect approve the actions of these bodies, Councilman Snyder- No'you don't. Councilman Gleckman: I am not going to amend my motion. Councilman Nichols- It seems to me that when we accept the minutes of any body and file those minutes and take positive action thereto, we are in effect letting the action of those bodies stand and this constitutes really a concurrence in their action. Now whether you use the term "approval" or not, makes no difference. What we are really doing is in effect receiving and filing the minutes but in effect at the same time approving the actions of those bodies. Councilman Snyder.: Again I.only brought it up, because I remember there was specific action taken that these were not to be considered final until received and filed. Mayor Krieger: There is a motion on the floor to approve and file. Is there any further discussion on the motion itself? Hearing none, it is so ordered, ® 18 C, .C, 6/26/67 Page Nineteen L] 1�1 .CITY MANAGER Consultant Service for Blue Ribbon Committee Reports .Informational Only Councilman Nichols: Mr, Aiassa-, Mrs Aiassa, will there be any cost involved in the use of these consultant services? Normally not. Councilman Snyder: I believe I brought this up, because as I said this was discussed at the League and they have authorities and experts in different fields of Recreation and Parks available on a free basis, in the design of parks, building of swimming pools, etc,, which seems to me we should use if agreeable with the Recreation.&.Parks director, if we think we need them, Mr. Aiassa: If the council wants to proceed on this, 11 I need is an action tQ the effect that he council through the City Manager can submit a tequest to the Los Angeles Recreation & Youth Services Mayor Krieger-, Mr. Aiassa, wouldn't it be better to take the items specifically as they come to the council and if you and your staff would keep in mind these consulting agencies as we get to the item then perhaps the council could direct you then to refer it to the planning council., We should not lose sight of the availability of this council as each of these reports come in. Councilman Snyder: Does the Recreation & Park Commission know of this? Mr, Aiassa-, Yes, Citizens Engaged in Anti -Crime Effort RjDport from Police Chief Informational Mayor Krieger: We have a report from Chief Sill dated June 1, 1967, and the Chief is present this evening. Mr. Aiassa, is there anything you wish to comment on this before we hear from Chief Sill? Mr, Aiassa: The only comment we have is that this is tied in with the Rotary Club Law .Enforcement exhibit trailer, and this is part of the program that Chief Sill and the staff would like to embark on. This 1s provided by the courtesy of the Rotary Club. Chief Allen Sill What you see in the picture is a City of West Covina Police Deptg trailer which is in use now in the City of Winston Salem and the drawing is a tentative view of how one might be developed -for our use in the community, The Rotary Club has been deliberating on the purchase.of one of these trailers for us,_� and we prepared that drawing for them, and I understand after talking with Mr. Gardner today, that it may be shortly forthcoming when they can find the one they want. And,as far as the City's program is concerned we want your help in developing this program to where we can create greater community res onsibility on the part of the citizens of this community in cutting down the crime -rate that we have, Mayor Krieger-, Your suggested solution, although covered in a very brief report covered a very broad area. As far as the possible 19 Co Co 6/26/67 Page Twenty • CITY MANAGER ANTI -CRIME EFFORT ® Continued action of the council in the creation of a'Blue Ribbon Committee and the community into areas of responsibility, this may be something that the council might like to develop with you at greater length, perhaps as an item on an adjourned regular meeting, Chief.Sills overall view of what we wanted to finer degree. Mro Aiassa: I would be glad,to discuss this further. This recommendation I presented was broad, because.I wanted to give you an do and we can develop it to a much Mr. Mayor, we have two copies of "Challenge of Crime" if any of the councilmen would like to see it, Motion by Councilman Snyder, seconded by Councilman Gleckman, and carried, that this matter be held over to an adjourned regular meeting. The time of the meeting to be set at the discretion of the Mayor or City Manager. Councilman Nichols: Does the motion involve or imply the direction to the Police Chief to research this matter in more detail and be prepared to discuss detailed proposals? Chief Sill: I could have discussed in more detail, but,I Tet!Atbe!.-c brief this time, but I am prepared to discuss in detail. Mayor Krieger: Chief Sill perhaps you and I can get together before that meeting. Thank you for the initiative on this matter, Letter of Complaint Re, Use of Property for Used Car Sales ® Informational Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this report be received and filed. Councilman Gillum: The investigation has been able to accomplish something ® I notice a great lack of automobiles at this address. Mayor Krieger: Has Mr. Lowe been so advised? Mr. Aiassa: We are following it up and we are_ waiting for the report from the Motor Vehicle Department, Cortez Park Recreation Building Air Conditioning m Informational Mayor Krieger: The recommendation is that the funds • are not available and that the installa- tion of air conditioning at Cortez -Park Recreation Hall be designated after the new City Hall is completed. So moved by Councilman Gleckman, seconded by Councilman Snyder. Councilman Gleckmano I wish there was some way Mr. Mayor that the eople who were complaining. are notified that we do intend to r.ect.nfy the situation in the near future, 20 - C, C. 6/26/67 Page. Twenty-one CITY MANAGER CORTEZ PARK AIR CONDITIONING Continued Councilman Snyder. I think the motion should read not specifically after the new city hall is completed, but at such time as we have the funds. Mayor Krieger-. The motion itself speaks for itself which is in accord with the recommendation. Is there further discussion?. All in favor?. Councilman Snyder: No, I think it should be sooner, Mayor Krieger-, Motion carries, four in favor. Could you communicate with Mr. VaAdeveer as he is the one that brought it to the city's attention and if he wishes to pursue the matter he may do so, Councilman Nichols: One other item o I think it would be in order, however, for the City Manager to where ever possible by the closure of doors and windows to try and minimize the noises and disturbances in that area. I.don't believe a motion is required, Mayor Krieger-, Just communicate the councils concern about the noises and why this has to be deferred, • Clarification Re. Procedure for use of La France Antique Fire Truck Mayor Krieger.- It has come to my attention that in addition to this memorandum there is in existence a West Covina Firemen's Association Antique.Truck Committee, who is exercising a degree of jurisdiction over the situation now, What is the problem with leaving it right where it is now and leaving it out of the council's hair? Mr, Aiassa. Well we can do this, let them operate it for another six months. It solves our problem. Mayor Krieger.- I don't have any cause or recollection that we. have been belabored with this situation - there have been instances when discussed it but it isn't a very time consuming question. Mr, Aiassa.- Why don't we just table it Councilman Gillum: If you are going to table it, will this have any effect on the 4th of July Parade? Mayor Krieger.- No, The established procedure will follow in the meantime, • Councilman Gillum: I am with the Mayor - I am not sure why this is up here now, Councilman Snyder. May I comment? Although they have this committee m where they have a request for the use of the truck from out of town and it requires funds to transport it and then they have to bring it to the council,,. 21 C. Co 6/26/67 CITY MANAGER Page Twenty-two ANTIQUE FIRE TRUCK ® Continued Mayor Krieger- Let them bring it to the council on those specific occasions, but why we should have to review each request for the use of the fire truck is beyond me, Councilman Snyder. Well a further comment then m this organization, if they feel that these requests from out of town are worthy of merit then they shouldn't hesitate to ask the council. Mayor Krieger- I agree, Councilman Snyder. Then my impression that there has been some hesitancy in the past. about asking the council for transporting - that is the only reason I bra4ght it up. As a matter of protocol, there is no reason why they shouldn't,At doesn't mean they will get what they ask for, Motion that the ypro edure forlthem use ofethee LabPrancecAntiqueiFire, Truckestaiea it exists. yarrds CONSULTANT PAYMENTS Gold -Thompson m Motion by Councilman Nichols that the council approve the payment in the sum of June 7, 1967, to Gold -Thompson. of Two Thousand Dollars as per statement Mayor Krieger. The report indicates that the services are complete with respect to Reports I II ® III. Is that correct Mr. Aiassa? (Answer. -.Yes) So is the. motion to make payment upon acceptance of those reports by the council? Councilman Nichols,* Yes, Seconded by Councilman Gillum, Mayor Krieger: It has been moved and seconded to accept Reports I - II ® III of Gold -Thompson, and issue a payment in the sum of Two Thousand Dollars as per statement of June 7, 1967, Motion carried on roll call as follows - AYES. Councilmen Gillum, NOES- None ABSENT.- None Harrison Baker Associates Appraisal • Mayor Krieger- ,. The figure should be $1124,26, Nichols, Gleckman, Snyder, Mayor Krieger There. was a supplemental report dated June 20, 1967. The,figure. is incorrect in the report, it I understand correctly. Is that correct?. Mr. Fast, Public Service The City Council meeting of November 7th Director authorized 01200. not to exceed, and we are asking that they increase this appropriation by $524_,26 to $1724.26, which is the total billing and invoicing of the Harrison Baker Associates appraisal, You have paid $600. to date and you authorized $1200. and we need $504026 more, 22 Co Co 6/26/67 Page Twenty-three CITY MANAGER CONSULTANTS PAYMENTS ® Continued Mayor Krieger: What is your source of funds? Mr. Aiassa-, Last year's consultants fund, 0 Councilman Nichols: I think that is a high price, but I say that everytime Harrison Baker Associates appraise anything around this City. The appraisal fees are reaching the point where we could buy it and forget the appraisal, I surely wish the staff would try someone else and see if we could save a little bit somewhere, Councilman Snyder-, Four or five years ago this same question came up and at that time we went out for they were all about the same-, bids and comparison of appraisals and Motion by Councilman Nichols, seconded by Councilman Snyder, that the council approve the appropriation of the additional sum in the amount of $524.26 in connection with the appraisal on the Cortez Park facilities by Harrison Baker Associates. Motion carried on roll call as follows: AYESs Councilmen Gillum, Nichols, Gleckman, Snyrder, ,Mayor Krieger. NOES-, None ABSENT-, None (Council requested that on th next appraisal that the City Manager bring in at least three proposals. • APPROVAL FOR ATTENDANCE AT MEETINGS City Manager's Annual Conference October 8-12, 1967 Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Manager's annual conference October 8 to 12, 1967, be approved for attendance of our City Manager,Mr. Aiassa, not to exceed 0175.00. Councilman Nichols-, I feel that the City Manager is very circumspect in expenditures of his funds in these matters and everyone knows that no individual can travel to New Orleans and attend a confer- ence and return for the sum of #175.00. It is obvious that the City Manager is pa,king considerable of the expenses out of his own pocket and I think the City Council is getting a good buy for the expenditure of this sum of money. Motion carried on roll call as follows-, AYESo Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT-, None .City Manager's Workshop on Collective Bar&ainiRg 4 June 28. 1967 . Mr. Aiassa explained that this was a one day conference and that he would like to have authorization to go or to send a staff member. It was so moved by Councilman Gillum, seconded by Councilman Gleckman, and carried. REVIEW BOARD MINUTES June 12. 1967 Mr. Aiassa-, There seems to be a legal g procedure here -. if the council doesn't approve 023- Ca C. 6/26/67 Page Twenty-four CITY MANAGER REVIEW BOARD MINUTES m Continued the action of the Review Board there is an action to call it up, 0 Councilman Gillum: It looks to me like it is not resolved yet. Mr, Mayor., I would like to have 520®A, Revo to this called up again ® Precise Plan Mayor Krieger-, The council approved except for one item and that was sent back for further action. Seconded by Councilman Gleckman. Mr. Williams, City Attorney: All you did the last time was not approve the minutes, Mayor Krieger: There was further action taken by the council other than that, Mr, Williams, City Attorney: You approved everything except Item 11. Mayor Krieger: We had -a hearing on it. We had the architect down here and we certainly had statements by the architect and we had discussion by the council and certainly had a motion by council on this Precise Plan, • Councilman Gleckman: Mr. Johnson was here and we discussed the wall and the height and the parking strips, (Discussion. Mr, Menard was asked to check previous minutes relating to this item.) Mr. Menard, Planning Director: The Review Board minutes of March 31, 1967 ® this was the first time that they were at the City Council, The meeting of April 17, 1967 ® to the best of my recollection and to what I can find here, they were not called up. Mr, -Johnson was at this meeting and he 'was here for informational purposes,, In the minutes of the Review Board of March 31, 1967, a motion by Councilman Gleckman, seconded by Councilman Gillum that Precise Plan 520 ® Rev. 1 be approved with the exception of condition 6 to read striped parking stalls and condition 7 to be held over to such time that the developer can produce their landscaping plan for approval by the staff and further approval by the City Council. Councilman Snyder: You are not sending that portion back to the Review Board then? Councilman Gleckman: No, just administratively ® let them look at it and make their recommendation to us and we can insist on a high wall if we need it." Mayor Krieger: Mr, Williams m based on that report of the action of the council m the motion here is order? to call up. Why is this motion not in • Mr, Williams, City Attorney: Because the action of the Review Board became final. It is never called up, The only thing that was held up was a review of the landscaping. The action taken has nothing to do with the approval of the Precise Plan, Many a Precise Plan has a condition in it that the landscaping or a wall be subject to the approval of the Planning Department or the City Engineer. So the_ Review Board approved the ®24® C.C. 6/26/67 Page Twenty=Five RESVIEW BOARD MINUUTES - Continued landscaping. You can't call up the Precise Plan, because it is final, Mayor Krieger, Mr. Menard will you go back to the minutes before these minutes, there was some prior action by the council at an earlier meetings You are talking 6bout the deliberative-medtjngndnd In7am talking about the first meeting that it was brought to us, Councilman Gleckmans The only other qu6stion I have is that the motion was madethat it be subject administratively and then approved by the City Council. Why was it directed back to the Review Board then and who has the",.authority to direct it back -to the Review Board? Mr. Williams, City Attorney, They directed it themselves. Mr, Menard, Planning Director, It was heard by the Review Board on March 17 and again on March 31st and was discussed by Council at the meeting of April 17th. (Mr. Menard continued reading from the minutes and ended with the amended motion made by Councilman Gleckman.) Amended motion by Councilman Gleckman, "To the Review Board" and a further statement made by Mayor Krieger o "It is understood by the Review Board then that the Review Board has continuing Jurisdiction in the matter of -Item #7 and that there has not been an -imposition or waiver of this condition, It is simply subject to further study and action by the Review Board. Is this understood by the applicant, Mr.Johnson? Mr, Johnson answered in the affirmative." Mayor Krieger, Going back to April, 10th, the week • preceding those minutes, a motion by Councilman Gleckman, seconded and carried, that the Review Board minutes of March 31, 1967, which is the subject matter of this, be held over until April 17, 1967. Mrs Williams, City Attorney, Holding over the minutes doesn't accomplish anything unless you call up an item on its If you don't agree with what they did you can-t disapprove it by disapproving the minutes, the minutes just reflect what they did. Mayor Krieger, But the council never engaged in a dis- cussion of approval or disapproval or subject or content until the meeting of April 17th. Mrs Williams, City Attorneys It doesn't make any difference if you Mve dcussed it at all, e al a er so many days. e you call it up? Councilman Gleckmans How can we call it up if we don't get the minutes until ..0000... Mr. Williams, City Attorney, Well you might wish to review the time you are allowed to call it up. If you don't it up in the action is final, which Ithinkcisltwenty dayshe allowed time it means • Mayor Kriegero The Review Board minutes was March 31st, whether the council confirmed a motion to call-up on April 17th or discussed in content with the representation of the applicant here as a matter of substance what was the difference and representations were made by the applicant at that meeting by the architect as to what they wanted and was desirous of achieving, Mr. Williams, City Attorneys One important difference is that no notice ever went out with regard to a hearing on that date. o25m C. C, 6/26/67 Page Twenty -Six REVIEW BOARD MINUTES m Continued Councilman Gleckman: What were they discussing on June 12th, Mr. Williams, and why was it a part of their minutes and their action? Why did they take a vote regarding that particular condition which is related to the minutes of the Review Board of June 12th? Mr. Williams, City Attorney-, That didn't have to do with the Precise Plan at all. In the Precise Plan they said there shall be landscaping, etc, Councilman Gleckman-, Mr.Menard, Planning Director: Councilman Gleckman: Mr. Williams, City Attorney: They held a public hearing. It says public hearing open, am I reading correctly? There were no notices sent out. What does it say in the minutes, Mr, Williams? It says public hearing open, but let's see what it say besides that. Mayor Krieger: Well let's ask this question, Mr. Williams, in view of the Review Board action of June 12, 1967, which is certainly within the twenty days period m June 26th, there was a determination by the Review Board of Condition No. 7 on this Precise Plano I would assume from your opinion that it is within the province of this council to call the matter up? Mr. Williams, City Attorney: I don't think it is because a Precise Plan was reserved to the Review Board, it could hive reserved it to the Planning Commission or City Engineer m it became final and in view of this it became an administrative process. The wording `4public hearing open" is in the minutes but it is not exactly a public hearing in the sense no notice was sent out and actually there wasn't a public hearing, it was simply a determinationasb whether or not the approved landscaping plan was presented, but the Precise Plan was final at that time, That condition was final, Councilman Gillum.- Mr, Williams the only thing I can state to you, when I left here after the public hearing or review or whatever it was, I was under the impression that it would be determined and come back to us Mr. Williams, City Attorney: I am reasonably sure you were under that impression and that was the reason I made the statement a while ago about approving the minutes. Your failure to approve the minutes didn't mean anything at all. If you never did approve the minutes...... Mr, Aiassa.- Let me read this - Item F of the code says "the decision of the Review Board or Planning Commission, as the case may be, shall be final and effective 15 days after the date of transmission, a copy etc. etc.0e And according to this if the final action of the Review Board was June 12th and today is June 26th, it is 14 days and I believe it isn't final until 15 days. Isn°t that right Mr. Williams, according to the code, so the council can call it up tonight, Mr. Williams, City Attorney: I am not going to debate the subject any further, what they reviewed was not the Precise Plane You can't call up .... Mr. Aiassa: No the final minutes of the Review Board was on June 12th, the council meeting tonight is on the 26th, so that is 14 days and the council has 15 days after "shall be final and effective 15 days after...,," 26 C. G. 6/26/67 Page Twenty-seven n LJ REVIEW BOARD MINUTES m Continued Mr. Williams, City Attorney: The action taken on June 12th was not an appealable action at all. The action that is appealable is the approval of the Precise Plan. And if in the Precise Plan there is a condition that before landscaping is installed that it shall be approved by the Recreation & Parks Department instead of the Review Board, and it could just as easily have said that, now they gave the Recreation & Parks Department the names of the trees and plants that they were going to plant and they either approve or disapprove. There is no appeal to the City Council, the appeal was exhai_�,sted when the precise plan was approved. Couneilma.3n Gillum,* Let me ask this question. The Precise Plan was approved but not in total? Mr. Williams, City Attorney: Yes it was. Councilman Gillum: Was it or was it not m there was some question whether a wall or a shrubbery... Mr. Williams, City Attorney: That is the question that was raised on the council. I think if you will look at the action of the Review Board the Precise Plan was approved subject to the following conditions. You didn't approve in your own minds one of those conditions. You didn't call it up for review. You let the Precise Plan become final and said let it be settled administratively by the Review Board. Now this is what they determined on the 12th of June. That is not appealable, the Precise Plan has become final, • Councilman Gleckman: Can the applicant amend the Precise Plan? Mr. Williams, City Attorney: Yes. The only procedure you can go through now is an application by the applicant to amend the .Precise Plan to delete the wall or change the wall. Mayor Krieger: While you are talking about procedure Mr. Williams let's talk about the procedure on April 10th,, Why wasn't this called to the attention of the Council on April loth when the matter was taken up by the Council.? All the discussion was about these conditions and then the motion that the minutes be held over until the meeting of April. 17th. Mr. Williams, City Attorney: I wondered about it at the time and I thought the council was fully aware of Precise Plan you made a motion to fait tha you ante to ca up a y po d won er gu t in e world you were holding over the approval of the minutes for, that didn't have anything to do with whether you like condition 7 or not,, That was the Review Board's action. Mayor Krieger: The Review Board has always been treated as a different animal, by the council, since there were various jurisdictional questions imparted to them. The only thing I would think it would behoove the City Attorney and the staff at the time these matters are discussed If there is some question in their mind as to the council achieving its objective by following that procedure to call it to our attention at that time.. It seems to me we have belabored this thing now on April 10th, the following creek on April 17th and now the Review Board has belabored it on June 12th and we have talked abort it tonight for an additional fifteen minutes and we find that according to your opinion fifteen days after March 31, 1967_, this council lost all jurisdiction on it. In essence that is what you -are saying.tc us. Mr,, Williams, City Attorney: up for further disposition you Yes. I think you knew it at the time. The discussion you made, what you read in the minutes, you were not calling it were referring it back for their disposition. 27 C, Co, 6/26/67 Page Twenty-eight • REVIEW BOARD MINUTES o Gontinued Mayor Krieger.g I am talking about the action of April loth when you were present and on April 17th you were not present, but on -April loth you were present when this action was taken by the city council. We don't want to engage in idle acts anymore than the City Attorney does, and if in these matters there is a jurisdictional question I think it would be helpful to have it pointed out to us, Mr, Williams, City Attorneys I agree with this. I didn't know what you were holding pv6k the approval of the minutes for. I didn't see what you were accomplishing but I think you did more than that on April loth, you were referring it back to the Review Board, Mayor Kriegerg Not an April loth, I read specifically from the minutes. The minutes were to hold over the approval of the minutes to the following week, Mr, Williams, City Attorneyg Mayor Kriegerg lost jurisdiction over this Councilman Gillums Mayor Kriegerg I haven't any idea. In any event it would have to be the chair's determination from the city attorney's opinion that the council has matter, talking about these matters let's call up any of these matters. Is a motion to receive and file? Shall I withdraw my motion then? The motion is out of order. Is there any further action desired on the minutes of June 12th, While we are be sure the council does not wish to there a motion to call up? Is there Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, to receive and file the -Review Board minutes of June 12tho CIVIC CENTER COMMUNICATIONS PROJECT REVISION Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council authorize the staff to amend the agreement with the Communications Consultant T.I:C., Engineers, Inc., for the engineering of such a system not to exceed #1600. Motion carried on roll call as followss AY'ESg Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOESs None ABSENT - ,.None COUNTY ZONING CASE NO, 5227­(1) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Manager be authorized to submit a letter to the Regional Planning Commission voicing the City of West Covina's support for the change of Zone from A-1-7500 to.R-1e7500 for that land involved in Zone • Change No® 5227-(1)0 ADOPTION OF 1967-68 BUDGET Mayor Kriegers In addition t6 the preliminary budget we have a report from the controller of June 23, 19679 incorporating the action of the council on the budget and a correction of June 23, 1967, regarding the tax rate, page 2, being September 1, 1967, rather than 1968. - 28 - C. Co 6/26/67 Page Twenty-nine ADOPTION OF 1967-68 BUDGET- Continued Motion -by Councilman Gleckman, that the council approve a resolution adopting the preliminary budget as submitted by the (G,1ty Manatg�er subject to the conditions set forth in the memorandum of June 23, 1967, from the controller to George Aiassa, City Manager. • Mr. Williams, City Attorney, Mayor Krieger, Mr, Williams, City Attorney, Mr. Aiassa, City Manager, Councilman Gleckman.- Councilman Gillum, Mayor Krieger, Councilman Gleckman,. Mayor Krieger, budget and to modify the objections? So ordered, I have such a resolution,if you would like to hear it read. Is the body of the resolution totally consistent with the June 23, 1967, reports? It doesn't recite the content but I think after what has been said it covers the intent. I think the procedure would be to accept the controller's report to the City Manager and then adopt the resolution. So moved. Seconded. For the record will you please withdraw your previous motion? Yes, I withdraw my previous motion. It has been moved and seconded to accept the controller report of June 23, 1967, in reference to the 1967-68 preliminary budget in the respects noted, `Discussion? Any RESOLUTION NO. 3608 The City Attorney presented, "BA RESOLUTION OF THE CITY COUNCIL OF ADOPTED THE CITY OF WEST COVINA ADOPTING THE BURET AND INCLUDING THE APPROPRIATION FOR THE FISCAL YEAR COMMENCING JULY 1, 1967, .AND ENDING JUNE 30, 1968.11 Mayor Krieger, Hearing no objection, waive further reading of the body of the resolution. Motion by Councilman Gleckman, seconded by Councilman Gillum, to adopt said resolution. Motion carried on roll call as. follows, AYES, Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES, None ABSENT, None Mayor Krieger, I am sure the council expresses their appreciation to the City Manager and •to our controller for their extensive work on the budget and I am pleased that this council was able to process the budget so readily and rapidly which required a number of long and involved night meetings. I think it is commendable that this budget was presented in a form that the council could discuss it and did discuss and take action on at this early date, m2gm C. Co 6/26/67 Page Thirty FOURTH OF JULY PARADE APPROPRIATION FUND TRANSFER AUTHORIZATION Motion by Councilman Nichols, seconded by Councilman Gillum, that the council authorize a reallocation of appropriations from the 1966-67 budget in the amount of $500. Said amount to be taken from account • 121-737.1 Elections, and be transferred to account 121-739.2 Promotional Proceedings and that this amount be authorized for expenditure for the July 4th Parade. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None CITY CLERK The Deputy City Clerk reminded the Council about the League of California Cities Conference in San Francisco, October 15th through the 18th, Mayor Krieger asked that the available material be circulated to the council, so those wishing to attend can so decide, CITY TREASURER Report for Month of May, 1967 ® Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to receive and file, MAYOR'S REPORTS Mayor Krieger: I would like to announce this evening the retirement of the following commissioners: Planning Commission Paul McCann; Recreation & Park Commission ® William Johnson; Personnel Board m Robert Young; Human Relations Commission m Leroy Solder, The council in the person of the Mayor is appointing to these vacancies by these retirements the following: Planning Commission m Robert Davis; Recreation & Park Commission ® Fred Angier; Personnel Board m Herbert Tice; Human Relations Commission m Dorothy Casson, Consistent with the council°s action, amending the terms of office for the Human Relations Commission, the following appointments will be for one year term: Commissioners Beem, Shrader and Casson; the appointments of Commissioners Beem and Shrader are reappointed to their positions on the Human Relations Commission for one year terms, Commissioners Overholt and Mansell are reappointed to their positions for two year terms. Each of these appointments are effective as of July 1, 1967, I think a-)mo.tion 'Would ' be in:, -,order for 'the'.p dparatidA2' ®f'>atp ?d'pri�te reefilutio" isl.for the recognition and commendation to those. commissioners retiring. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that said resolutions be prepared for adoptions Mr, Williams, City Attorney: There should also be a motion by the council approving and affirming the appointments. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried, Mayor Krieger:. and various County representatives He has accepted that position. I with regard to appointments, since One additional announcement. I have asked Councilman Gillum to serve as council liaison with the School Districts for the Mayor's Youth Advisory Council, am going to be contacting council members we are now through the budget sessions, 30 „ C, C. 6/26/67 Page Thirty-one MAYOR'S REPORTS m Continued to act as liaison for various Blue Ribbon Committees, particularly the Huntington Beach Freeway and the City Charter Committees, COUNCIL COMMITTEE REPORTS (Councilman Gillum and Councilman Nichols had no reports,) Councilman Snyder: I would like to ask on the Vending machine licenses, does this include washing machines in apartments and laundermats? Mr. Aiassa, City Manager: I would have to check on that, Councilman Snyder: I would like to know why they are omitted. Councilman Gleckman: I would like to request to the council to request the Mayor to send a letter to the particular party that saved one of the two girls involved in the recent swimming pool accident. Seconded by Councilman Gillum and carried. Mayor Krieger: Will the staff prepare a letter to the individual for my signature? • DEMANDS Motion by Councilman Gillum, seconded by Councilman Gleckman, that the council approve demands totalling $52,906.63 listed on Demand Sheets B310 through B313 and C549, also reimbursement of the payroll account in the amount of $90,293.38. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES: None ABSENT: None There being no further business, motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that this meeting be adjourned at 10 o'clock P.M. ATTEST: Deputy City Clerk APPROVED Mayor ® 31